Davening Dilemmas: Mussaf on Rosh Hashana
Many times a sick person is not able to daven with minyan and must daven by him/her self. In addition, the physician who is taking care of patients many times doesn’t have the opportunity to daven with a minyan. Rosh Hashana poses an additional problem based off the gemarah Avodah Zarah 4b:
“A person should not daven the mussaf prayer on the first day of Rosh Hashana during the first three hours of the day, because during these three hours Hashem is sitting in judgment, and since he’s alone Hashem will look at his/her actions and he will not have merits to come out with a good judgment. So then why can a congregation daven Mussaf during these first three hours? Because a congregation has many more merits than an individual. So then why does this only apply to Mussaf, why doesn’t Shachris pose the same issue of davening alone? Since klal Yisroel is davening during the first three hours of the day this protects even the individuals davening alone, while Mussaf the congregations are davening at different times.”
The Rishonim discuss how this is unique to Rosh Hashana because it's when we are judged on Life and Death for the entire year and we need extra mercy to come out with the judgment of life. The Shulchn Aruch 591:8 quotes this as the Halacha and the Mishna Berurah as well. On the other hand the Shulchan Aruch 281:1 states that Mussaf should be immediately after Shacharis and Not be later that 7 hours into the day, however, if one did so he is called a sinner but does not have to repeat Mussaf. Neitz this year in the NY area is around 6:35 AM, and three hours after that a doctor is typically in the middle of his shift if he is in the hospital, so what should he do? Should he daven Mussaf after 7 hours into the day when his shift ends or should he daven before 3 hours into the day?
Rav Asher Weiss Shlita was asked this question and said that he should daven Mussaf before 3 hours into the day (before his shift), because the ruling to daven after 3 hours into the day is only the halacha lchatchila, or the optimal time to daven, but the ruling to not daven Mussaf after 7 hours is m’ikkur hadin, or the real time to say Mussaf. Rabbi Yossi Sprung quoted a Rav who said that the merit of the doctor being involved in the Mitzvah of healing during his shift should be in lieu of his merit of davening Mussaf after 3 hours into the day. In addition, Rav Asher Weiss advised based on the Maharam chidushei Bennet (Brachos 18a) that it is best for the doctor to daven with another individual, if available, rather than daven totally by himself.
Based on the Tosefta Shabbos 1:7, one can not eat before hearing the Shofar because maybe he will start eating and forget about the Mirtzvah, what should be done about this? The Mishna Berurah 652:2 and the Mateh Ephraim 588:1 advises that this is only with regards to eating a meal but tasting a food would be allowed and therefore is need be he could have fruit or Kezayis Mezonos foods (see Shulchan Aruch 232), and then have coffee/tea so he can concentrate for the shofar.
If a doctor, sick person, or woman watching her children can’t make it to shul for the Shofar they should try to arrange somebody to blow the minimum of 30 blasts for them, and the person blowing can blow for them even if he’s fulfilled his Mitzvah already, and he can make all the blessings beforehand for the individuals he’s blowing for.
Women are not commanded in Shofar as it is a time bound Mitzvah, which women are generally not obligated in (Shulchan Aruch 589), however, women have accepted upon themselves to be obligated in the Mitzvah of shofar, and now its like Nidrei Mitzvah, or a vow to do a commandment, and one would not be able to eat before. Therefore, the Kaf hachaim (589:34) advises that if a woman knows she won’t be able to hear that specific year she should do an annulment of vows. If she or a sick person can only hear the Shofar after the congregation has finished their davening, what should she do about eating before then? The Eshel Avraham (end of 592) says that she can not eat before hearing the Shofar because, as mentioned, it is now like an obligation on her to hear it. However the Chayei adam 141:7 (and the Kitzur Shulchan Aruch 129:19) says she can eat before hearing the Shofar because in essence she’s not obligated in hearing the shofar, and even though they’ve accepted it as an obligation, in a circumstance of pain or sickness one can say they didn’t accept it as an obligation.[1]
[1] Adapted and translated from Rabbi Yossi Sprung on medicalhalacha.org