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Parshas Korach: Eating in a Shul No definitive Halacha LeMa'aseh conclusions should be applied to practical situations based on any of these Shiurim.
When discussing some of the laws concerning the right and obligation of Kohanim to consume the meat from certain Korbanos, the Torah indicates that this meat must be eaten in the Kodesh HaKadoshim, the most holy place (BeMidbar 18:10). Rashi, commenting on this Posuk (Ibid.), explains that the Torah here is teaching us that the meat from these specific types of Korbanos must be eaten in the Azarah, the courtyard of the Mishkan (or the Beis HaMikdash); this is the implication of the text in the Sifrei (Piska 117, Parshas Korach Piska 2), and it is consistent with the instructions of the Posuk earlier in the Torah (VaYikra 6:19) which also discusses the eating of meat from this type of Korban. The Ramban, however, commenting on the Posuk in this Parsha (BeMidbar Ibid.), is troubled by the fact that the Posuk (Ibid.) seems to imply that this special meat must be eaten in the Kodesh HaKadoshim, the most holy place, which does not include the courtyard. The Kodesh HaKadoshim is the place where the Aron is; it is further inside than the courtyard, and it is actually not entered into by anyone except by the Kohein Gadol on Yom Kippur. The Ramban thus explains (Ibid.) that the term Kodesh HaKadoshim in this Posuk (Ibid.) refers not to the place where the meat must be eaten, but to the manner in which this meat must be treated and consumed. This means that the meat should be eaten in a manner which reflects the sanctity of the most holy Korbanos, a requirement which impacts exactly who may partake of this meat and for how long it may be eaten. In terms of location, though, this meat should indeed be eaten in the courtyard. The aforementioned Sifrei (Ibid.), however, states that under certain emergency circumstances, the Kohanim can in fact enter the Kodesh HaKadoshim the most holy place, and eat their meat there; this is then what this Posuk (Ibid.) comes to teach. The Gemara in Zevachim (63a) and in Menachos (8b-9a ) indicates this as well, adding that if not for this Posuk (Ibid.) it would have been impossible to allow anyone to eat in the Kodesh HaKadoshim, because Ain Adam Ochel B'Makom Rabbo, it is generally inappropriate and thus disrespectful to eat in the place where one serves one's master and in his master's presence, as explained by Rashi both in Zevachim (Ibid. s.v. Achilah) and in Menachos (Ibid. s.v. D'Avodah); it is thus certainly forbidden, under ordinary conditions, to eat in the holiest area of the Mishkan and the Beis HaMikdash, where one serves Hashem. Perhaps with this in mind, the Gemara in Megillah (28a) states that one may not eat or drink in a Shul, since a Shul obviously is also a place where one serves Hashem; it would seem from the comments of Rashi there (Ibid. s.v. Ain), though, that eating and drinking are just specific examples of activities forbidden in Shul under the general heading of inappropriate Shul behavior. In any case, both the Rambam (Hilchos Tefillah 11:6) and the Shulchan Aruch (Orach Chaim 151:1) rule that in general, one may not eat or drink in a Shul; the Vilna Gaon (Biur HaGra Ibid. s.v. Kigon) implies that these authorities disagree with Rashi (Ibid.) and hold that there is an independent prohibition to eat or drink in a Shul. There are, however, several notable exceptions to this rule. The Gemara later in Megillah (28b) indicates that Talmidei Chachomim are permitted to eat and drink in a Shul because it is like their home and thus, as explained by Rashi (Ibid. s.v. Mie) may be used by them for their needs; Rav Yaakov Yeshayah Blau, in his Sefer Tzedakah U'Mishpat (Perek 12 He'arah 14) cites a view that even one who learns a little bit may also have the status of a Talmid Chochom for these matters. The Rambam (Ibid.) rules in accordance with this Gemara (Ibid.), adding, though, that Talmidei Chachomim may eat or drink in a Shul only "M'Dochak" that is, in pressing circumstances. The Tur (Orach Chaim Ibid.) presents no such limitation on this leniency, but the Beis Yosef (Ibid. s.v. V'Rabbeinu) suggests that the Tur (Ibid.) actually agrees that even a Talmid Chochom may eat or drink in a Shul only in pressing circumstances; the Bach (Ibid. s.v. U'Mah She'Katuv V'Talmidei Chachomim), however, disagrees with this suggestion, writing that there is a dispute here. Although the Beis Yosef (Ibid.) cites the view of the Ohr Zarua as quoted in the Hagahos HaAsheri on the Rosh in Megillah (Perek 4 Siman 7) that even ordinary people may eat and drink in a Shul, this seems to be the minority view. The Shulchan Aruch (Ibid.) thus rules that Talmidei Chachomim may eat and drink in a Shul, but even they may do so only M'Dochak, because of pressing circumstances. The Magen Avraham (Ibid. Sif Katan 2) permits only one who is learning in a Shul to eat and drink there, because otherwise he would have to interrupt his learning every time he would want to eat or drink; this is therefore not a blanket permit for any Talmid Chochom to eat and drink in Shul, but rather a leniency for someone actually learning in Shul. The Ran in Megillah (9a and in the Rif s.v. Tzilusa) suggests that there may be a difference between a Beis HaKnesses, used for davening, and a Beis HaMidrash, used for learning, writing that only in the latter may one who learns there all day eat and drink even in non-pressing circumstances; this view is cited by the Ramo (Ibid.). The Machatzis HaShekel, commenting on the Magen Avraham (Ibid. Sif 2), nicely outlines the different opinions on this matter; it is clear, however, that at least Talmidei Chachomim are permitted to eat and drink in a Shul in certain circumstances. The Gemara in Pesachim (101a) indicates that guests were sometimes housed in the Shul and would obviously eat and drink there as well, implying that it is permissible for the Shul to be used by guests for eating and drinking. Incidentally, this Gemara (Ibid.) is the source for the custom to recite Kiddush in Shul on Friday night because when there were guests who would be eating there for Shabbos, Kiddush would have to be recited in their behalf; this was done in Shul, and the practice remains in many places today even though there are no guests eating in Shul. This practice is codified by the Rambam (Hilchos Shabbos 29:8) and by the Shulchan Aruch (Orach Chaim 269:1); the implication of all this is that these guests would eat and drink in the Shul proper. Tosafos (Ibid. s.v. D'Achlu), however, questions this based on the aforementioned Gemara in Megillah (28a) that forbids eating and drinking in a Shul, and concludes that the Gemara in Pesachim (Ibid.) is discussing only the rooms adjacent to the actual Shul (meaning the sanctuary) itself. This is also the position of Tosafos in Bava Basra (3b s.v. V'Ayalei) and of the Rosh there (Perek 1 Siman 4), as well as of Tosafos in Megillah (Ibid. s.v. Ain) and of the Meiri there (Beis HaBechirah Ibid. s.v. Batei Knessios) and others; the Magen Avraham (Ibid. Sif Katan 2) accepts this ruling. The Ran in Megillah (Ibid. s.v. Batei), however, writes in the name of the Ramban that at least in Shuls outside of Eretz Yisrael, one may have poor people eat and drink in the Shul proper and take care of their other needs there, based on the aforementioned Gemara in Pesachim (Ibid.). The Taz (Orach Chaim Siman 151 Sif Katan 1) thus rules that guests may indeed eat in the Shul, and he makes no mention of where it is located and says nothing about using only the adjacent rooms. The Aruch HaShulchan (Ibid. Sif 2) finds this position difficult, but the Mishnah Berurah (Ibid. Sif Katan 5) writes that it is permissible to have poor guests eat or drink in a Shul at least outside of Eretz Yisrael if there is a need; the Kaf HaChaim (Ibid. Os 12) outlines the different views about this matter, citing several authorities on each side, and concluding that it is better not to have guests eat in a Shul unless there is a great need. The differences in Halacha between a Shul in Eretz Yisrael and a Shul elsewhere are based upon the statement of the Gemara in Megillah (28b) that the Shuls in Bavel (meaning outside of Eretz Yisrael) are built "Al Tanei" conditionally, which means, as Rashi (Ibid. s.v. Al Tanei) explains, on the condition that they may be used for other purposes. Tosafos (Ibid. s.v. Batei) explains that this is because when the Geulah arrives, those Shuls will lose their Kedushah, while the Shuls in Eretz Yisrael will retain their Kedushah forever. Consequently, some authorities, such as the Ramban cited by the aforementioned Ran (Ibid.) and Rashi, as understood by Tosafos in Bava Basra (Ibid.) and by the Rosh there (Ibid.), and the Rashba (Sheilos V'Teshuvos HaRashba Chelek 4 Siman 278), hold that one can be more lenient about eating and drinking even in the Shul proper if it is outside of Eretz Yisrael, especially if there is a great need. The Pri Megadim (Mishbetzos HaZahav Ibid. Sif Katan 1) and the Mishnah Berurah cited above (Ibid.) state that this may indeed be the Halacha, although it is worth noting that in the Biur Halacha (Ibid. s.v. V'Talmidei Chachomim) the Mishnah Berurah writes that there is no difference between a Shul in Eretz Yisrael and a Shul elsewhere with regards to the permission granted to a Talmid Chochom to eat and drink there. Many other authorities, however, such as the above cited Tosafos in Megillah (Ibid.) and in Pesachim (Ibid.) and in Bava Basra (Ibid.), and the aforementioned Rosh in Megillah (Ibid.) and in Bava Basra (Ibid.), and the Mordechai in Megillah (Siman 829 in Hagah on 19a and in the Rif) hold that there are no leniencies for Shuls outside of Eretz Yisrael; it is only after they have been destroyed that they have no Kedushah, unlike Shuls in Bretz Yisrael. The Shulchan Aruch (Ibid. Sif 11) rules that one cannot be lenient regarding an existing Shul even outside of Eretz Yisrael, but the Mishnah Berurah in the Biur Halacha (Ibid. s.v. Aval B'Yishuvo), where the different views are summed up, concludes that one may be lenient about eating and drinking in Shul in a case of great need; he later writes in the Biur Halacha (Ibid. s.v. Aval B'Veit Knesses) that perhaps even in Eretz Yisrael one can be lenient about this too, as is also the position of the Tosafos Rid in Pesachim (Mahadura Tanina on 101a s.v. L'Afukei). The Yerushalmi in Sanhedrin (Perek 8 Halachah 2, 41b-42a) clearly implies that meals used to be eaten in Shuls when people assembled there for Kiddush HaChodesh, to sanctify the new month; the Yerushaimi in Pesachim (Perek 1 Halachah 1, 1b) states that Shuls must be checked for Chometz before Pesach because of these meals and because of meals eaten there on Shabbos, a reference either to guests, as suggested by the Korban HaEidah (Ibid. s.v. She'Kein), or to Shul officials, as suggested by the Pnei Moshe (Ibid. s.v. V'Kaamar). Based on this, the aforementioned Tosafos in Pesachim (Ibid.) notes that eating and drinking in a Shul for a Mitzvah is permissible; the Semag (Mitzvas Aseh 29) likewise writes that a Seudas Mitzvah may be held in a Shul, as does the Ohr Zarua (Chelek 2 end of Siman 23, and Siman 388) who states that a meal on Shabbos is classified as a Seudas Mitzvah. The Kaf HaChaim cited above (Ibid.) quotes those who suggest that the reason guests may be able to be fed in a Shul is that such a meal is like a Seudas Mitzvah. The Shulchan Aruch (Ibid. Sif 4) rules that if people assemble in Shul for a Mitzvah, they may eat and drink there. The Magen Avraham (Ibid. Sif Katan 5) quotes those who limit this permission to have a Seudas Mitzvah in Shul to a small meal, as explained by the Machatzis HaShekel (Ibid. Sif Katan 5); the Kaf HaChaim (Ibid. Os 34) quotes this as well, using as an example a small Seudah following a Siyum, and adding that one must be careful about the nature of any conversation held in Shul. The Aruch HaShulchan (Ibid. Sif 6) allows in Shul only a Seudah related to Talmud Torah, but not the Seudah for a Bris, a Pidyon HaBen, or a wedding; the Mishnah Berurah (Ibid. Sif Katan 20, and see Ibid. Shaar HaTzion Os 14) seems to be more lenient, allowing even a larger Seudas Mitzvah in Shul, and he doesn't mention specific limitations. The Sdei Chemed (Asifas Dinim, Maareches Beis HaKnesses Os 40) discusses this subject as well, bringing up the practice of eating and drinking in Shul as part of the observance of a Yahrtzeit, and he discourages this, but the Kaf HaChaim (Ibid. Os 63) quotes those who are more lenient. Rav Moshe Feinstein (Sheilos V'Teshuvos Igros Moshe Orach Chaim 1:45) also appears to be more lenient about this in general if there is any Mitzvah component to the Seudah at all, as is Rav Ovadyah Yosef (Sheilos V'Teshuvos Yechaveh Daas 3:10), who allows a meal like Shalosh Seudos to be eaten in Shul, especially if Divrei Torah are presented.
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