Parshas Noach 5785 – Intriguing Questions & Answers
Entering a Church for the Purpose of Voting
I was asked by a yirei shamayim who lives in a location in the United States where the nearest voting station is in the basement of a Church. In some places, the polling booth is set up in a side room at the entrance of the church where people can vote for the Presidential elections. Particularly this year, when the questioner heard that many Rabbonim across the U.S. are encouraging people to vote for Donald Trump, he wishes to know whether he may enter a church for this purpose and cast his vote in the polling booth located in a side room or a different floor from where the “tiflos” are held.
The Shulchan Aruch (Yoreh De’ah 149-150), based on the Gemara in Avodah Zarah (12a, 17a), rules that one must distance oneself from paths of avodah zarah, and it is likewise forbidden to enter a place of idolatry. In several places in Avodah Zarah, it is stated that one must keep a distance of four amos from a house of idolatry, and it is forbidden to enter even a city that hosts a marketplace on their holiday. The Shach (149:1), citing the Rambam, writes that it is clear from this that it is forbidden to enter a house of idolatry, and it is nearly forbidden even to look at it. It is also stated in Shulchan Aruch (142:10) that it is a mitzvah to distance oneself even from the four amos surrounding the path to idolatry. Only in cases of danger to life do we find in Shulchan Aruch (157:3) that it is permitted to escape into a beis avodah zarah, as brought in Chochmas Adam (84:16).
In our case, the issue needs careful consideration. The primary prohibition of entering a beis avodah zarah applies to the place where prayers are held—in this case, the praying space of the Christians. Therefore, one could argue that when the polling station is set up elsewhere in the building, there may be more room for leniency when necessary, especially since every Jewish vote is important. Indeed, this issue has already been addressed by leading Poskim, who concluded that in cases of need, and particularly if there is a separate entrance, it is permitted to enter if one is voting in a room adjacent to the church, such as the basement or other rooms in the same building that are typically designated for other uses and not for their prayers. This is the ruling of R’ Moshe Feinstein zt”l, as cited in the Sefer Rishumei Aharon. Furthermore, his talmud, R’ Shmuel Fuerst shlit”a, added that R’ Moshe permitted someone who needed to attend AA (Alcoholics Anonymous) meetings for addiction treatment to participate there, as the only place close to his home for such meetings was in a hall within a Christian church. He permitted him to attend since that particular room was not considered a place of idolatry at all.
Therefore, it seems to me, as the questioner noted, that since the hall is used for various meetings and conferences that have no connection to their avodah zarah, and there is even a separate entrance from the one used for entering their place of impurity, there is no reason to be stringent, especially when there is a pressing need. Thus, in this specific case where there is no alternative, and there is no intent to approach idolatry, I do not see any room to be stringent and not allow him to participate in the elections, especially given my understanding that the entrance to the house of idolatry itself is not the same as the entrance to the hall. Rav Moshe Sternbuch shlit”a also concurs with this lenient ruling in Teshuvos V’Hanhagos.
Moreover, even if they do use the same entrance as the entrance to their idolatry, since the entrance is primarily designated for the hall, it is not considered an entrance to idolatry, since it is also used as the entrance to the hall for various meetings. And in this case, since it is not their intent to enter the idolatrous space, and it is also clear that they are only there for election day when this entrance is used for voting purposes, it seems there is no reason to prohibit it. Nonetheless, it would be preferable to explain to the local authorities that it is against our religion to enter such places. In this particular case, however, where it is too late to make changes, it is permitted to vote in the hall, as it is clear today that the entrance is used only for this purpose and not for avodah zarah, and therefore it is not prohibited, in my opinion. Several other leading Poskim shlit”a also agreed with me that one can be lenient in this matter.
In conclusion, if the only available voting location in one’s area is in a hall within a church, one is permitted to enter in cases of necessity to cast one’s vote. Ideally, it is better if there is a separate entrance, but if not, it is even permitted to enter through the main church entrance to reach a side room.
A Person Opened the Aron Kodesh and a Sefer Torah Fell Inside: Does He Need to Fast? Also, What if a Sefer Torah Falls on the Floor of a Car?
Q: I was asked by someone in France who does chesed by transporting a small Aron Kodesh with a Sefer Torah inside in the back seat of his car. He travels from place to place to bring the Sefer Torah to those who don’t have one so they can hear krias hatorah. One day, while driving, he suddenly stepped on the brakes to avoid an accident, and the Aron Kodeshbox fell from the seat onto the car’s floor. He was unsure whether this is similar to a Sefer Torah falling on the ground, which would require fasting. Additionally, I was asked by an avreich whether he needs to fast after opening the Aron Kodesh to remove a Sefer Torah and, due to the improper placement of the Torah by a previous person, the Sefer Torahfell on the floor of the Aron Kodesh but not on the actual floor. Does he need to fast in this case?
A: The custom of fasting when a Sefer Torah falls to the ground is not mentioned in the Rambam or Shulchan Aruch. Many Poskim trace the source of this practice to the author of Sheilos U’Teshuvos Mishpetei Shmuel (one of the Chachmei Italia, a student of the Maharshdam and the Radach, and the son-in-law of the author of Sheilos U’Teshuvos Binyamin Zeev U’Teshuvot Binyamin Ze’ev). In a responsum (Siman 12), he wrote about fasting for fallen tefillin, stating that one must fast because tefillin are like a Sefer Torah. He concludes: “Can anyone doubt that if a Sefer Torah falls from someone’s hand, they must fast?!” The Magen Avraham (44:5) rules accordingly and adds that one must fast even if the Sefer Torah fell while still in its mantel.
In this teshuvah, the source of this practice is derived from the Gemara in Moed Katan (26b) which says that someone who sees a Sefer Torah burn is required to tear their garment. He also brings the Beis Yosef (Siman 288), who quotes early sources saying that someone who dreams of a Sefer Torah burning must fast, even on Shabbos.
Regarding the reason for fasting, the Kapos Temarim (ad loc.) held that one must fast because the fall constitutes a desecration of the Sefer Torah’s sanctity, and thus the individual requires atonement. This view is shared by many later Poskim, as quoted in Tzitz Eliezer (Vol. 5, 5:3). However, Sheilos U’Teshuvos Mahari Bruna (§127) suggested a different reason: it is a siman min hashamayim that this person needs to do teshuvah.
The practical difference between these two explanations would be if the Sefer Torah fell due to an accident or someone else’s mistake: According to the view that the fast is required due to it being a sign from Heaven to repent, he would be obligated to fast even though the fall was accidental. But if the reason is that the person disrespected the Sefer Torah by not guarding it properly, then in cases of accident, a fast might not be necessary. In practice, however, many Poskim rule stringently to account for both reasons.
Sheilos U’Teshuvos Divrei Chaim (Yoreh Deah, 1:59) suggests a different reason for the fast, based on the Gemara in Taanis (16a), which discusses how the Aron is taken out to the street during an eis tzarah as a way of showing the people that “a private vessel has been degraded [by being brought out in public] because of our sins.” Thus, we see that when there is a disgrace to the Torah, it is a result of sin. Based on this reasoning, the entire community where the fall occurred would be required to fast to repent for their collective sins. Many Poskim discuss this Divrei Chaim extensively; see Tzitz Eliezer (ibid., Chapter 6) who supports his view. From here we see that the custom of fasting is because the disgrace to the Torah indicates that they require atonement.
In practice, Igros Moshe (Orach Chaim, 3:3) writes that everyone in the Shul who witnessed the Sefer Torah fall must fast. Shevet HaLevi (10:12), however, as well as other Poskim, writes that if fasting is difficult or interferes with Torah study, it is possible to redeem to give tzedakah instead of fasting. See further in Teshuvos VeHanhagos (5:57), Rivevos Ephraim (5:128), and Mishnas Yosef (10:150-151), Pe’as Sadcha (1:129), Mahari Shteif (205).
Regarding our question at hand, however, it seems that this situation is not the same as a Sefer Torah falling onto the floor. Since the fall occurred within the Aron Kodesh itself, there was no noticeable disgrace, and as such, there is no need to fast. Additionally, there is reason to be lenient because the fall occurred due to an accident, as the individual had taken out one Sefer Torah, and the second Sefer fell suddenly by accident. While an accident alone is not sufficient grounds to exempt one from fasting, in this case, the primary reason for leniency is that the entire fall happened within the Aron Kodesh. This was also the ruling of Rav Yosef Shalom Elyashiv, zt”l. Similarly, in the case where the Aron Kodesh fell onto the car’s floor but the Sefer Torah itself did not, there would be no need to fast.
It is also worth noting that Rav Shlomo Zalman Auerbach, zt”l, ruled that if a Sefer Torah falls due to an accident, and it was not directly in someone’s hands but fell by itself, there is no requirement to fast, even if it fell to the ground. See Halichos Shlomo Hilchos Tefillah (Chapter 12, Se’if 39). However, someone who wishes to be stringent and give charity in lieu of fasting is praiseworthy.
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