On his journey to Charan, Yaakov spends the night on Har Habayis. He dreams of a ladder ascending to the Heavens, with angels going up and down. The Gemara (Chullin 91a) explains that the angels went up and gazed on the “Image of Man” above and then went down to gaze at Yaakov, the image of man below. According to the Gemara, the angels wanted to harm Yaakov and so Hashem stood above him to protect him.
Iyun Yosef on Ein Yaakov explains that the angels wanted to harm Yaakov because he had slept on Har Habayis. The halacha is that one may not sleep in a place that is designated for prayer such as a Beis Hakeneses. Certainly it was forbidden to sleep on the site of the Beis Hamikdash, the gateway to Heaven.
This is why the Torah tells us that Yaakov awoke from his sleep and said ‘surely Hashem is in this and I did not know!’. He understood that this is why the angels in his dream sought to harm him. Had he known that “Hashem is in this place’, he would not have slept there.
Iyun Yosef references Shulchan Aruch Orach Chaim 151, the Halachos of Kedushas Beis Hakeneses. Below we will present a selection of Halachos recorded in that Siman.
Respecting the Kedusha of a Shule
A Beis Kneses is referred to as a Mikdash Me’at, a miniature Sanctuary. Just as there is a Mitzvah to have reverence for the Beis Hamikdash on account of the One Who dwells there, so too one must treat a Beis Hakeneses or Beis Medrash with reverence.
According to some authorities, having awe for the Beis Hakeneses is a Mitzvah Deoraisa. Most authorities maintain that the sanctity of a Beis Kneses is Derabbanan.
One may not act in a Shule in a manner of Kalus Rosh – light headedness and frivolity. The Sefer Mitzvos Katan writes that because people act with Kalus Rosh in a Shule, these Shules are transformed into houses of Avodah Zarah.
Proper Speech
The Shulchan Aruch rules that one may not speak idle conversation or jest in a Shule. This refers even when the Tzibbur is not davening. The Zohar speaks very harshly about one who speaks mundane chatter in a Shule; that they are shaming the Shechina and prolonging the Golus. Magen Avraham records that the Ariza”l was careful to not say anything other than Tefillah in a Shule. He would not even say words of Mussar lest it lead to speaking mundane matters.
Mishna Berura writes that even speaking about matters of Parnasa is forbidden in a Beis Kneses. The Mishna Berura continues that certainly one must take care not to speak Lashon Hara, Rechilus or word of Machlokes in Shule. Such speech is forbidden always. When it is done in a Holy place, one is also insulting the presence of the Shechina; just like one cannot compare one who sins in private to doing so in the palace of the king.
Aruch Hashulchan notes that nowadays people are seemingly lax in these Halachos, sitting after davening to Shmooze in Shule. He seeks to justify this practise based on the view of the Ramban that if the Shule is built with express condition to allow so, one may do certain necessary mundane activities in the Shule which could include certain conversations such as business and the like.
Entering the Shule
A person should not enter a Shule for personal needs other than davening or other Mitzvah purpose. If one needs to enter the Shule to call a friend or other similar purpose, they should say/learn some Pesukim or teaching of Mishna or Halacha and only then call their friend. Alternatively one may ask another person to share a teaching, or may even sit down for a few moments as just sitting in a Shule is a Mitzvah.
One may not enter a Shule or Beis Medrash to take shelter from the rain or sun.
If a Shule or Beis Medrash has multiple entrances, one may not use it as a short-cut. Mishna Berura writes that the leniency of sitting or learning something in Shule also works in this case. Many Acharonim argue, maintaining that this ‘heter’ is limited to the case of entering a Shule to call someone.
Eating in Shule
The Shulchan Aruch rules that one may not eat or drink in a Shule, even for a snack. Talmidei Chachamim and their students may eat even a meal in a Shule or Beis Medrash. Poskim write that anyone learning in Shule, even for a short amount of time, may have tea, coffee and a snack if required. The rationale is that if they were not able to eat or drink in the Beis Medrash, this would force them to pause their learning.
The Shulchan Aruch rules that if it is for the needs of the Shule, one may eat or sleep there. This would include guards and the like. Similarly one may eat in Shule for other Mitzvah purposes. Magen Avraham qualifies that this does not apply to meals, even a Seudas Mitzvah, where there is likely to be Kalus Rosh (and drunkenness).
The Mishna Berura writes that the custom is to be lenient to celebrate Siyumim in Shule with a meal. This is the basis for those who are lenient and allow Seudos Mitzvah to be held in a Shule or Beis Medrash, such as a Shalosh Seudos or Melave Malka or serving Lechaim and Mezonos on a Yartzheit. It is also the basis for holding a Seudah / farbrengen in a Shule or Beis Medrash in honour of a Tzaddik’s Yartzheit and the like where Yidden gather to hear words of Torah and Chassidus and sing songs in praise of Hashem.
If the Shule or Beis Midrash was built with a stipulation permitting eating drinking, there is more grounds for leniency to host other Seudos Mitzvah such as a Bris, Pidyon Haben, Barmitzvah or Sheva Brachos or even a Shalom Zachar and Shabbos Kiddush in the Shule or Beis Medrash. In all cases, one should take care that the behaviour and conduct is befitting for a holy place.
