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בית דין צדק דק"ק מעלבארן והמדינה MELBOURNE BETH DIN JEWISH RELIGIOUS COURT

Postal address: PO Box 2407 Caulfield Junction Victoria 3161 Telephone: 9523 7748 Fax: 9523 7709 Email: [email protected] בס"ד GUIDELINES FOR CONDUCT OF PRIVATE PRAYER GROUPS AND SHULES 11th May, 2020 – 17th Iyar 5780

It is important to emphasise, at the outset, the based standard of protecting even one life and the extent to which Jewish law prioritises even a Safek Pikuach Nefesh (doubtful danger to human life) that overrides almost all other Halachic requirements – including , and even . It certainly overrides other considerations such as financial issues and personal comfort. The Australian and Victorian Governments have guided Australia and Victoria that has, to-date, helped to spare our local communities the terrible experiences of most other countries around the world. Strict adherence to their guidelines is therefore clearly shown to be in accordance with the Halachic laws surrounding Pikuach Nefesh (threat to human life).

For this and other important reasons it is imperative that all Government guidelines be strictly followed.

However it should also be noted that Governments have other considerations, such as political and economic repercussions, that may temper their guidelines now being presented in reopening the “lockdown” imposed to-date. Halachah places guarding one’s life and health above such considerations and may require different recommendations over and above those issued by the Government.

We comment accordingly on the Halachic issues surrounding guidelines for reopening of prayer groups and that are being proposed at the moment.

Private Minyanim.

The Victorian Government has currently issued clear guidelines on Prayer Groups in private homes. The DHHS Victoria’s current formal advice reads; A PRAYER GROUP HELD IN SOMEONE’S HOME CAN MEET AS LONG AS THERE ARE NO MORE THAN 5 VISITORS AT A TIME… PHYSICAL DISTANCE MEASURES MUST BE ADHERED TO.

We are informed that this applies both to indoors and outside, in the back or front yard, of a private home.

We have further been advised by medical professionals we have consulted that that, due to the aggressiveness of this current virus and the proven extent of its extremely contagious nature, this option is still fraught with the very real possibility of inadvertently causing transmission of the virus by and to unsuspecting individuals. Halachah therefore demands strict caution in accordance with such advice.

Accordingly we have no option but to state our opinion that that at this time all minyanim in private homes, both indoor and outdoors, are not permitted.

Synagogue services.

The Government has permitted services to take place under strict conditions of services being limited to 10 people. The formal advice reads: IF THE PRAYER GROUP IS BEING HELD AT A PLACE OF WORSHIP OR ANOTHER PUBLIC PLACE, UP TO 10 PEOPLE CAN ATTEND. PHYSICAL DISTANCING MEASURES MUST BE ADHERED TO.

This advice is also augmented by other conditions such as limiting the conduct of services in a manner that allows cleaning and breaks between each service, the imposition of strict controls to ensure only 10 congregants attend and imposition of strict physical distancing measures.

Local medical opinion we have received is divided on whether, on strictly medical grounds, such minyanim should be conducted and under what conditions - for example some advocate outdoor minyanim only.

We therefore urge strict caution in decisions to open such minyanim. and Boards of Management of each shule have a duty to study carefully the relevant, properly confirmed guidelines as applicable to our community . They should consult local government, medical and rabbinical sources when required and decide if and how their particular Shule minyanim take place.

If it is decided that a should take place then there is a halachic imperative that suitable conditions be imposed and maintained to ensure appropriate physical distancing and all other required guidelines in order to absolutely limit the possibility of the attendees being inadvertently responsible for any contagion or new outbreak.

Individual attendees, particularly those who may be in any way in a risk category, are advised that they should consult with their own medical practitioner before attending any minyan.

Attendees have an obligation to strictly abide by the conditions conveyed to them by the and management personnel responsible for the minyan. This should include strictly keeping social distancing requirements, strictly ensuring attendance limits, maintaining rosters to monitor attendees and strictly abiding by age and health criteria – all as conveyed by those responsible for the minyan.

If guidance is required by shules on halachic issues involved in conducting the services as, for example, how to conduct Torah readings while maintaining social distancing or taking temperature of attendees on arrival on Shabos or halachic preferences for choosing attendees (such as preferences for congregants commemorating yahrtzeits, reciting or other occasions) please do not hesitate to contact the Beth Din. We shall be issuing relevant halachic guidelines for Rabbis and Gabboim shortly.

The Beth Din will continue to monitor updates to government regulations and the effects and progress of this limited reopening of prayer services and will issue further guidelines as required.

We remind all members of our community that the same Torah that idealises Torah and Tephilla in a shule and with a minyan under normal circumstances now requires us to vigilantly preserve our health and the health of others around us. Praying as an individual in the current circumstances is therefore not just permitted but is an important and overriding mitzvah in itself.

We extend blessings of good health to all. May our prayers, in whatever venue we happen to say them, be accepted by Hashem speedily and completely.

Rabbi , Av Beth Din Rabbi Avrohom Yehuda Kievman, Dayan Rabbi Yisroel Greenwald, Dayan Rabbi Mordechai Berman, Associate Dayan, Rabbi Menachem Sabbach, Associate Dayan