9) The Rema (581:1) writes that a chazon must be moitzi the entire tzibbur, and if there is someone in the tzibbur that he doesn’t like, and he has kavonah not to be moitzi him, then the rest of the tzibbur even the people he likes are also not yoitza. The Mishnah Berurah (53:57) brings this down l’halachah and writes, that if a chazon has kavonah not to be moitzi his enemy, then even the people he likes are also not yoitza, therefore, chazonim must be careful with this. Perhaps the same argument can be made in our case as well, and since the ba’al tokea had in mind not be moitzi certain individuals, no one in the shul fulfils his obligation.
On the other hand, the Rema may be talking about a case when one has a personal private enemy, however, if the chazon/ba’al tokea, has in mind not to be moitzi someone who is an enemy of Hashem, i.e. someone with a non-kosher device, which all the gedolim forbade, then what he is doing is praiseworthy, and everyone else is in fact yoitza?
In the case of the chazon, it is clear from the Chavas Yair (186) that the problem is that the chazon is a shliach of the tzibbur, and since the tzibbur sent him, he has to do what they say, and if he doesn’t the shlichus is nullified, and we can say that if part of it is nullified then the entire thing is nullified. However, in our case this reason doesn’t apply, as we can be certain (אנן סהדי) that the tzibbur doesn’t want such a person amongst them, as surely they don’t want people who can’t control their yetzer hara amongst them, and since we can be sure the tzibbur wants this, we can’t say the shlichus is nullified.
The Shu”t HaEleph Lecha Shlomah (Orach Chaim 36) explains based on the Magen Avraham (53:22) that peshat in the case of the chazon is, that a chazon is required to remove from his heart any jealousy he has towards his enemies, and if the chazon has intention not to be moitzi his enemy, it’s clear that he hasn’t done what was required and is disqualified from being a chazon. This is not applicable in our case, as the ba’al tokea doesn’t hate anyone, he just hates the fact that he has such a device, and the fact that he has something Hashem hates, however, he doesn’t hate the person himself.
The Shu”t Salmas Chaim (348) was asked about a ba’al tokea who announced that he is not being moitzi any woman not dressed appropriately, if we have to be worried for the Rema. He answered: The Rema is only applicable for people that are obligated, women aren’t obligated in tekias shofar therefore there is no problem.
It would seem from here, that if they would be obligated then there would be a problem for the ba’al tokea to make such a condition, not like what we mentioned.
The Chavas Yair (cited in Shaarei Teshuvah 585:5) discusses a case where there were thirteen members in a shul and the nearest ba’al tokea was six parsah away, and it was at a time when there was a lockdown and the ba’al tokea refused to come unless he was paid very well. Six of the members were happy to pay and the other seven weren’t. The six member that were happy to pay, agreed that if the other seven don’t pay, they will tell the ba’al tokea to make a stipulation not to be moitzi them.
The Chavas Yair writes that it’s obvious that the seven aren’t yoitza if the ba’al tokea has intention not to be moitzi them, and he says making such a stipulation is good, as why should the six members have to cover the entire expense. He adds, that if the ba’al tokea doesn’t listen to the six paying members then no one is yoitza the mitzvah of shofar, as he is a shliach of those who paid him and he must listen, if he doesn’t then the shlichus is nullified.
He then discusses if making such a type of stipulation is ok or not, and he says it is perfectly ok, and it should be done. He adds that if we don’t do it, then the situation will arise where one or two people in the shul will have to cover the entire expense of the ba’al tokea. Therefore, מפני תיקון עולם, in order to keep the world at peace it is a good thing.
If regarding money, the ba’al tokea can make a stipulation to keep peace, then certainly in the case of the non-kosher devices the ba’al tokea can do it as well, and he can have kavonah to be moitzi only those who have kosher devices. (Chasukei Chemed, Rosh Hashanah 29a)
I would humbly like to add, that if making such a condition will cause a fight in shul, then מפני תיקון עולם, it should be missed out.
