Question: What are the guidelines for a person davening in a shul whose nusach and minhagim differ from his own?

Discussion: There are two factors one must take into account when determining whether he should follow his own nusach and minhagim, or those of the shul:

1. Lo Sisgodedu: A pasuk states לא תתגודדו, which the Gemara129 interprets as instructing that Jewish communities should not follow differing practices (“You shall not become divided factions”). More specifically, a community guided by a single beis din may not be divided in their practice.130 The Rishonim offer two explanations for this prohibition: Rashi explains that it would appear as though they are keeping different Torahs.131 Rambam explains that it is because it can lead to discord.132

Practically, this means that in one location, such as a shul,133 there should be one uniform practice. Essentially, this would preclude an individual from doing or saying anything noticeably different134 from the shul’s established practice.135

However contemporary Poskim explain that, in practice, this would only be relevant to an insular community which lacks exposure to other communities with different practices. If people would come to such an area and act differently than the locals, it could sow confusion and discord.136

In our times, however, where Jewish communities are commonly melting pots of people from different backgrounds, exposure to other practices is rampant and people understand that on many matters there are different viewpoints and minhagim. In such communities, Lo Sisgodedu is no longer a strict halachah. Yet, it is still appropriate for the people of a Shul to keep to a uniform practice.137

However, in shuls whose congregants are of diverse backgrounds and minhagim, and have come together due to convenience or the like,138 there is no need at all to keep to one minhag and each person may follow his own practice.139

1. Apart from the matter of Lo Sisgodedu, in those parts of davening which require a tzibbur, one must follow the tzibbur’s nusach. Since it is the tzibbur that enables this part of davening to be recited, it must be recited by the tzibbur in a uniform manner, with no room for individuality.140 One may not daven these parts of tefillah in his own different nusach even quietly.

The following is an outline of how a person davening in a shul whose nusach and minhagim differ from his own, should conduct himself in the different parts of davening (that is, in a shul with a distinct set of minhagim, not one which is based on convenience):

Tefillin: Minhagim differ as to how to lay the Tefillin shel Yad.141 This is a private matter, and one may follow his personal minhag.

Pesukei Dezimrah and Birchos Kerias Shema: Some Poskim hold that since Pesukei Dezimrah and Birchos Kerias Shema are best said out loud, one should follow the tzibbur’s minhag.142 If one finds this difficult, he may daven in his own nusach quietly.143 Others hold that in all cases lechatchilah one should daven in his own nusach quietly.144

Shemoneh Esrei: One should daven Shemoneh Esrei in his own nusach.145 One who is davening Shemoneh Esrei along with the chazzan (so that he can answer to Kedushah146) should daven in the same nusach as the chazzan through the third berachah.147 Afterwards, some Poskim say that he can change to his own nusach148 and here nusach as the chazzan.149

The chazzan in his own private Shemoneh Esrei may daven according to his own nusach.150 A minority opinion maintains that he must daven in the same nusach as he will daven Chazaras Hashatz.151

Kedushah: Most opinions hold that one must say Kedushah according to the nusach of the tzibbur.152 A minority opinion maintains that one may recite Kedushah quietly using his own nusach.153

Tachanun: There are various differences in nusach and minhagim for saying Tachanun:

1. Vidui (Ashamnu) and the 13 Middos (Hashem-Hashem): In a shul where they recite Vidui and the 13 Middos, one should recite it along with them.154

For a person whose minhag is to recite them but is davening in a shul where they do not, we differentiate between Vidui and 13 Middos. Namely, he may say Vidui inconspicuously, without knocking his chest.155 The 13 Middos should be omitted, as it may only be recited with a tzibbur. Even if there are ten people in the shul who wish to recite the 13 Middos they may not gather to say them together.156 One who wishes to say it quietly may read it with the proper trop as if he is reading pesukim in the Torah.157

1. Vehu Rachum on Mondays and Thursdays: Nusach Ashkenaz recites Vehu Rachum first and Tachanun only afterwards, while nusach Sefard reverses the order.158 The difference in minhag here is conspicuous, since one would be falling on his face for Tachanun at a significantly different time than the rest of the tzibbur. Therefore, one should follow the tzibbur’s custom in this regard.159
2. Text of Vehu Rachum: The tefillah of Vehu Rachum is generally recited out loud. Preferably one should adapt to the tzibbur’s nusach. If this is difficult, one may recite it in his own nusach quietly.160

Kerias HaTorah: It is not required to stand for Kerias HaTorah,161 yet customs vary, with some people particular to stand162 while others deliberately sit down.163 A person may follow his own practice even if the congregation as a whole follows a different one.164

Aleinu and Shir shel Yom: Minhagim differ as to whether Aleinu is recited before or after the Yom. If a person who recites Aleinu first is in a shul where they first recite the Yom, he should follow the shul’s minhag and say Aleinu together with the tzibbur after the Yom.165

A person whose minhag is to say Aleinu at the completion of davening should uphold his minhag.166

129 Yevamos 13b.

130 This is the opinion of Rava (see ibid., 14a) and is codified by Magen Avraham 493:6. Cf. Rambam, Avodas Kochavim 12:14.

131 Rashi, Yevamos 13b, ד"ה לא.

132 Rambam ibid.

133 See Mishnah Berurah 131:6.

134 Meishiv Davar 1:17; Igros Moshe, Orach Chaim, 2:104.

135 See Igros Moshe, Orach Chaim 4:34, explaining that even in instances where Lo Sisgodedu does not apply, deviating from the minhag of the tzibbur may still be forbidden in order to prevent quarrels.

136 Igros Moshe, Orach Chaim 5:24:6. See also Shevus Yitzchak, vol. 8, 18:5:1.

137 Mishnah Berurah 31:8, based on explanation of Igros Moshe ibid.

138 This will commonly be the case in a neighborhood shtiebel with constant minyanim.

139 Igros Moshe ibid.; R’ Yosef Shalom Elyashiv, cited in Shevus Yitzchak, vol. 8, 18:5:2:4; R’ Shlomo Zalman Auerbach, cited in Ishei Yisrael 25, fn. 21.

140 Igros Moshe, Orach Chaim 2:23; R’ Yosef Shalom Elyashiv, cited in Shevus Yitzchak ibid., 18:5:2:3. See, however, Halichos Shlomo, Tefillah 5:23.

141 See Shulchan Aruch 27:3 and Beiur Halachah, s.v. Haminhag,

142 Igros Moshe, Orach Chaim 2:104.

143 Ibid., 2:23.

144 Halichos Shlomo, Tefillah 5:23.

145 Meishiv Davar 1:17; Igros Moshe, Orach Chaim 2:23 and 104; Halichos Shlomo 5:22-23.

146 See Shulchan Aruch 109:2 and Mishnah Berurah 14.

147 Based on Mishnah Berurah 109:11.

148 Daas Notah, p. 371.

149 Halichos Shlomo, Tefillah 8, Devar Halachah 64.

150 Minchas Yitzchak 6:31:3; R’ Yosef Shalom Elyashiv cited in Shevus Yitzchak, vol. 8 18:5:2:5; Halichos Shlomo, Tefillah, 5, Dvar Halachah 31.

151 Igros Moshe 2:29 and 4:33.

152 Meishiv Davar 1:17; Igros Moshe, Orach Chaim 2:23 and 104; Minchas Yitzchak 7:5; R’ Yosef Shalom Elyashiv cited in Shevus Yitzchak ibid., 18:5:2:3.

153 Halichos Shlomo, Tefillah 5:23.

154 Igros Moshe, Orach Chaim 3:89; Teshuvos Vehanhagos 1:114.

155 Igros Moshe, ibid., 4:34.

156 Ibid.

157 Based on Shulchan Aruch 565:5 and Mishnah Berurah 12.

158 See Sha’arei Teshuvah 131:1.

159 R’ Shlomo Zalman Auerbach cited in Ishei Yisrael 25, fn. 21; Az Nidberu 5:26; implication of Igros Moshe, Orach Chaim 3:89. See Kaf Hachaim 131:39, who rules that if one’s minhag is to recite Nefilas Apayim before Vehu Rachum, he should say it while leaning.

160 See the section on Pesukei Dezimrah and Birchos Kerias Shema.

161 Shulchan Aruch 146:4 and Mishnah Berurah 19.

162 Rema and Mishnah Berurah ibid.

163 Shulchan Hatahor 146:4

164 Pesach Hadvir 146:3; Imrei Binah, Orach Chaim, 13:4; Ashrei Ha’ish 1:25:12. See, however, Kaf Hachaim 146:22, citing Kol Eliyahu’s dissenting opinion.

165 R’ Shlomo Zalman Auerbach and R’ Chaim Kanievsky, cited in Ishei Yisrael 26:15, note 43.

166 Teshuvos Vayashav Hayam 5.