Standing During Hakafos on Simchas Torah
Q: During the hakafos on Simchas Torah, is one required to stand while the con-gregation is dancing with the Sifrei Torah?
A: The basic halachah is that one should stand when the Sifrei Torah are being carried around the bimah. Even between the hakafos, one should stand if there are people holding and walking around with the Sifrei Torah. However, if it is difficult for someone to stand the entire time, there are several grounds upon which one can find a limud zechus to permit sitting.
The Aruch HaShulchan (se'if 5) discusses this question and writes that he is uncertain regarding Simchas Torah, when all the Sifrei Torah are taken out of the aron during the hakafos and are not returned until all the hakafos have been completed, but rather are passed from person to person. Seemingly, one should not be permitted to sit until the Sifrei Torah are returned to the aron, yet this is not the common practice. Furthermore, this would be a great difficulty, since the hakafos sometimes take as long as a few hours. He therefore explains that while the Sefer Torah is being carried around the bimah, one is obligated to stand, since this is comparable to a Sefer Torah passing by. Between one hakafah and the next, however, when the Sefer Torah is being held in someone's hands but is not being carried around, one is not required to stand. At that point, it is considered as though the Sefer Torah is in its place, and when a Sefer Torah is resting in its place, there is certainly no obligation to stand before it. The Kaf HaChaim (O.C. 669 s.k. 32) cites that according to Kabbalah, there is a great inyan for one person to stand beside the bimah throughout the entire time of the hakafos while holding a Sefer Torah, with the rest of the people and the other Sifrei Torah dancing around him. Nevertheless, the Poskim have provided a limud zechus for those who sit during the hakafos. See Shu't BeTzel HaChochmah V (siman 139) and Shu"t Teshuvos V'Hanhagos II (siman 319), who present additional grounds for leniency. They explain that the obligation to stand applies specifically when the Sefer Torah is being carried along its path. Once it has reached its place, however, even if people are dancing around it by the bimah, that location is considered its place and there is no obligation to stand. This is especially relevant for someone who is somewhat weak.
In Tzedakah U'Mishpat (ch. 16, note 37), the author cites Rav Shlomo Zalman Auerbach zt"l that perhaps the obligation to stand applies specifi-cally during the first hakafah, which is the primary hakafah according to halachah. The Shemiras Shabbos Kehilchasa (ch. 24, note 118) provides a limud zechus in a situation of necessity based on the concept of a human partition. If people stand around each other with less than three tefachim between them, forming an outer circle around an inner circle in which people are holding the Sifrei Torah, the people in the outer circle can be considered a mechitzah. If so, one sitting outside the circle would be permitted to sit, since the Sefer Torah is separated from him by the human mechitzah. See also Shu't Teshuvos V'Hanhagos there regarding a mechitzah formed by people, as well as Shu't Igros Moshe, Yoreh Deah I (siman 175).
In Kovetz Halachos of Rav Shmuel Kamenetzky shlit"a, Hilchos Sukkah (ch. 44, se'if 5), he rules that lechatchilah one should not sit while a Sefer Torah is outside the aron and in the hands of those holding it. However, he notes that the common practice is to be lenient. There is room to be lenient between the hakafos when the Sefer Torah is standing in one place and the people are not walking around with it. Likewise, during the hakafos themselves, there is room for leniency when the Sefer Torah is within the inner circle of dancers or in a place where it is not clearly visible to the person who is sitting. In any event, when there is a need for example, when a person is tired and finds it difficult to stand one may be lenient in accordance with the common practice. In his note (note 5), he adds that although one could potentially rely on Rav Shlomo Zalman Auer-bach's reasoning regarding a human mechitzah, it is nevertheless preferable lechatchilah not to sit, since it is not always the case that all the Sifrei Torah will remain within the inner circle for an extended period of time. Therefore, one should still be careful. At the conclusion of his discussion, he cites that Rav Shmuel Kamenetzky shlit"a ruled that if the Sifrei Torah are actually standing in one place between the hakafos and the people are not walking around with them, it is certainly permissible to sit. However, in reality, there are many times when those holding the Sifrei Torah walk with them from place to place even between the hakafos. In such a situation, it is not really proper to be lenient. Nevertheless, if the Sefer Torah cannot be clearly seen, one may be lenient.
