Talking During Birkas Kohanim
Question: May a kohen perform Birkas Kohanim where there are only nine other men in shul and some of the men are talking and not listening to Birkas Kohanim?
Short Answer: Yes, these disrespectful people who talk during Birkas Kohanim are included in Birkas Kohanim and thus Birkas Kohanim may be performed in such a situation.
Explanation:
I. Chazaras HaShatz
Shulchan Aruch (Orach Chayim 128:1) rules that Birkas Kohanim may only be performed in the presence of a minyan. This is similar to Chazaras HaShatz, which likewise needs a minyan.
The Mishnah B’rurah (Orach Chayim 124:19) writes that if a minyan only has nine people listening and one additional person who is talking, the chazan may nevertheless recite Chazaras HaShatz. However, in such a situation, the chazan should say to himself before he starts Chazaras HaShatz that he only wants his Sh’moneh Esrei to constitute Chazaras HaShatz if the entirety of the minyan (i.e., the other nine men) answer Amein to his brachos. If not, the chazan wishes that his Sh’moneh Esrei be considered a t’filas n’davah, an extra, optional prayer (which, similar to his private Sh’moneh Esrei, does not need a minyan).
But, what about Birkas Kohanim? If there are not nine other men listening to the kohen and responding Amein, should the kohen still perform Birkas Kohanim just like Chazaras HaShatz?
II. Two Different Prayers
The Mishnas Yosef (5:27:12) suggests that Chazaras HaShatz and Birkas Kohanim, even though they both require the congregation to listen and focus on the recitation (see Shulchan Aruch 124:4 and 128:23), actually require two different types of concentrations.
By Chazaras HaShatz, it is imperative that nine people listen to – and focus on – the chazan’s recitation of Sh’moneh Esrei. If they do not, the chazan has recited numerous brachos l’vatalah. Indeed, the Mishnah B’rurah (124:19) cites the Shulchan Aruch HaRav, who explains that simply “hearing” Chazaras HaShatz is insufficient; the listeners must concentrate, as well, on the words of the chazan in order to prevent brachos l’vatalah.
Birkas Kohanim, on the other hand, is different. The Rambam (Hilchos T’filah 14:7) and the Beis Yosef (128:23) are clear that the listener must concentrate on Birkas Kohanim. However, such concentration is not essential. In other words, if the congregation does not focus on the blessing of the kohen, they are still blessed and the kohen has fulfilled his obligation to bless the congregation.
The Mishnas Yosef proves this distinction based on the ruling of the Shulchan Aruch (Orach Chayim 128:25), that a shul that consists entirely of kohanim must still perform Birkas Kohanim. Who are they reciting Birkas Kohanim for if there are no non-kohanim in shul? They are performing Birkas Kohanim for non-kohanim who are in the fields working and unable to attend shul at that time. These non-kohanim in the fields are obviously not concentrating on – nor hearing – Birkas Kohanim, yet the kohanim are permitted to perform Birkas Kohanim. Clearly, the congregation’s concentration is not essential.
III. Disrespectful
The Mishnas Yosef, however, challenges his own ruling, based on Tosafos (Sotah 38b), who holds that the non-kohanim in the fields are not recipients of Birkas Kohanim because they are disrespectful by not coming to shul to hear it in person. These non-kohanim essentially refuse to be blessed. Are the people in shul who talk during Birkas Kohanim any less disrespectful than the people in the fields? If not, perhaps we should not perform Birkas Kohanim where there is not ten people performing and properly listening to the Birkas Kohanim.
Nevertheless, the Mishnas Yosef concludes that there is a difference between these disrespectful people. People in the fields are not even coming to shul, which is a greater disparagement than the people talking in shul. The people who talk during Birkas Kohanim are included in the brachah because they at least decided to show up to shul.
Next Week’s Topic: Should those non-kohanim who are standing to the sides of the kohanim move for Birkas Kohanim so that they are standing facing the kohanim?
Rabbi Ephraim Glatt, Esq. is Associate Rabbi at the Young Israel of Kew Gardens Hills and a practicing litigation attorney. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..