Insights into Halachah
The Gemara in Berachos (12b) says something which seems quite surprising. The Gemara writes, that it would be fitting for our reading of krias shema to include the passages of Bilaam’s blessing found in this week’s parsha. The reason why the section is not included is on account of tircha de-tziburah—”burdening the public.”
The Gemara explains that the reason to include the passage of Bilaam is because the passage contains the pasuk: וכלביא כארי שכב כרע יקימנו מי -” Like a lion, Yisroel crouches and lies down; like a lioness—who dares to arouse her?” (Bamidbar 24:9). Rashi explains that morning and evening, as we come to accept upon ourselves the yoke of Heaven, it is fitting to remind ourselves of how Hashem guards His nation, allowing them the serenity of a lion and a lioness. Why not just read this pasuk? The Gemara explains that it is forbidden to isolate a pasuk, and if it wasn’t for the concern of tircha de-tziburah we would have read the entire passage. We will therefore take the opportunity to discuss the concept of tircha de-tziburah.
Burdening the tzibbur
As noted, one source for the concept of tircha de-tzibura is the reading of the passage of Bolak in krias shema: Chazal wished to enact the reading of the passage as part of krias shema, but the idea was rejected because of the burden it would place on the public.
A further expression of the principle is found with regard to a chazon who makes a mistake in his private shemonah esrei (such as omitting ya’aleh veyavo). Although in such circumstances an ordinary individual must start shemonah esrei again a chazon does not. The reason for this is out of concern for burdening the tzibbur (Berachos 30b; Shulchan Aruch, Orach Chaim 126:4).
Rolling the sefer Torah
Two additional sources indicate that the principle underlying the halachah is kevod ha-tzibbur [honouring the congregation]. Causing an unnecessary delay strikes at the honour and dignity of the tzibbur, and is therefore forbidden.
The Mishnah in Yoma (68b) relates that on Yom Kippur the kohen gadol would read two sections from his sefer Torah, one from Parshas Achrei Mos, and another from Parshas Emor. A third section, whose location in the Torah is somewhat distant from the former sections, would be read by heart. The Gemara explains that rolling the sefer Torah to the relevant location was not an option, “because of the honour of the congregation.”
Based on the above, the Rambam (Hilchos Tefillah 12:23) rules that a sefer Torah must not be rolled during krias haTorah, in order to avoid tircha de-tzibura. Rather, the sefer Torah must be prepared before davening, so as not to burden the congregation. If two sections are read from the Torah, a single sefer Torah should not be rolled in between readings, but rather two sifrei Torah must be prepared in advance. This halachah is mentioned by the Shulchan Aruch (Orach Chaim 144:3).
Public speaking
An interesting extrapolation from this halachah relates to public speaking. In principle, it is forbidden to quote pasukim from the Torah by heart: Quotations of pasukim must be read from a written text. Based on the practice of the kohen gadol, the Mishnah Berurah (49:3) suggests that it might be permitted for somebody engaged in public speaking to cite pasukim by heart, for looking up each pasuk would place a burden (of waiting) on the tzibbur.
De’O’raisa or derabonon?
If we are correct that the concept of tircha de-tzibura is based on the obligation to respect and honour the congregation—an assumption that emerges from the above Gemara, as well as from other sources in Chazal (see, for instance, Sotah 39b), it would seem that tircha de-tzibura is a chiyuv de’O’raisa.
Foregoing kevod hatzibbur
We saw above that when two passages must be read in shul, for instance when Shabbos coincides with Rosh Chodesh, two sifrei Torah must be taken out, to avoid burdening the congregation by having to roll one sefer Torah between readings. However, where the community only has one sefer Torah to read from, the Shulchan Aruch (Orach Chaim 144:3) rules that the honour of the congregation is waived, and the people must wait while the sefer Torah is rolled.
The wrong sefer Torah
A noteworthy halachic question is raised when the wrong sefer Torah is taken out: Should the Torah be rolled to the correct place (at the expense of tircha de-tzibura), or can the sefer Torah be changed for the correct one. Rav Moshe Feinstein (Igros Moshe, Orach Chaim 2:37) brings a machlokes haposkim concerning this matter, and concludes that the gabbah can choose to do as he wishes.
Other halachos of tircha de-Tzibura
Another halachah of tircha de-tzibura related to the reading of the Torah relates to the number of people called up on Shabbos. The Be’er Heitev (Orach Chaim 282) cites an enactment of the Maharash of Prague whereby no more than ten men may be called up, the reason being tircha de-tzibura.
Waiting for the rov to finish
The Rema (Orach Chaim 124:3) rules that the shliach tzibbur should not wait (after he finished his shemonah esrei) for those who daven an especially long davening—even for the most important members of the community. However, the Mishnah Berurah (124:13) writes that the custom is nonetheless to wait for the rov to finish davening.
Daily application
Beyond the halachos discussed by the poskim, it is important that we internalize the idea underlying the halachos, and apply it in regular, everyday situations. Our failure to do this can often be seen at joyous gatherings, such as chasunos and brisim, where large numbers of guests are often made to wait lengthy periods of time for no good reason. This is certainly an infringement of tircha de-tzibura.