Nefilas Apayim - Sitting or Standing?

Q. My custom is to only perform nefilas apayim when there is a Sefer Torah present. If there is no Sefer Torah, should I still sit for Tachanun or can I stand?

A. Shulchan Aruch (OC 131:2) writes that the proper position for nefilas apayim is to be sitting. The Mishnah Berurah (131:10) cites the Beis Yosef who writes this is based on Kabbalistic sources. However, the Mishnah Berurah (131:38) notes that the Rivash disagrees and writes that both sitting and standing are acceptable for nefilas apayim. The Mishnah Berurah concludes that in cases of necessity, one may rely on the Rivash and stand. For example, if a person standing behind you is reciting Shemoneh Esrei and as such, it is not permissible to sit, Tachanun should be said with nefilas apayim while standing.

The Elya Rabba (131:4) writes that if one is reciting Tachanun without nefilas apayim (such as when there is no Sefer Torah), Tachanun may be said sitting or standing, though the Kaf Hachayim (131:38) is not in agreement.

______________________________________________________

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.