Nefilas Apayim When Davening Outside

Q. Because of the Coronavirus pandemic, we daven outdoors in the courtyard of a shul. Do we recite Tachanun with nefilas apayim in the courtyard because that area is an extension of the shul, or is the courtyard treated as a separate location? (A subscriber’s question)

A. First, some clarification. Tachanun is recited daily after Shemoneh Esrei. The central theme of this prayer is to ask G-d to forgive us for our sins and afford us protection. The initial custom was to perform nefilas apayim while reciting the first paragraph of “Vayomer Dovid el Gad, etc.”. Nefilas apayim means falling on the face, and it demonstrated our helplessness and total dependency on G-d. When bowing on the ground, it was necessary to either tilt the face to the side, or place a barrier between the face and the ground, because of the Torah prohibition of bowing on a stone floor (“even maskis”). With the passing of time, the Rabbis decided (for various reasons) to no longer bow on the face. Nonetheless, in recognition of the original practice, it remained customary to bow our heads towards the ground (Teshuvos Vihanhogos 1:134) and place our head on a talis, or the sleeve of a shirt or jacket (Mishnah Berurah 131:3). The name of the Tefillah remained nefilas apayim even though we bow our face rather than fall on our face.

The Rama (OC 131:2) writes that it is customary to perform nefilas apayim only when a Sefer Torah is present. If there is no Sefer Torah, Tachanun is recited without nefilas apayim. The subscriber who asked this question follows the custom of the Rama. However, it should be noted there are opinions that do not require a Sefer Torah, and some do not require any seforim at all for nefilas apayim. Indeed, the custom of Rav Yosef Dov Soloveitchik, zt”l was to recite Tachanun with nefilas apayim regardless of whether seforim were present (Nefesh HaRav, p. 134). With this background information we can now understand the question. (Continued here.)

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.