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The Shulhan Aruch (Orah Haim 151:12) says that if there is a floor above a synagogue, one should be careful not to use it for unbecoming activities such as laying down. This is based on the Mordechi (Shabbat, ch. 1), who says that the holiness of the Bet HaMikdash extended upwards, and since a synagogue is a considered a miniature Bet HaMikdash, it would apply there as well. Nevertheless, Rabbi Yosef ben Oualid (Shu”t Samo Yosef 53b) writes that the Rambam wrote a responsum permitting living above a synagogue. Although his city of Tetouan, Morocco followed the opinion the Rambam, Rabbi Yosef ben Oualid himself agrees with the Shulhan Aruch’s approach. Furthermore, Rabbi David Kohen-Skali (Kiryat Hana David, vol. 1, § 29) says that there should be no living quarters above a synagogue. Interestingly, the Taz and Rabbi Haim Benvenisti (Knesset HaGedola) both attribute personal tragedies to leniencies regarding living above a synagogue. Nowadays it appears that the prevalent custom is to be lenient and to permit living quarters above a synagogue. However, all opinions agree that having a restroom where all sorts of bodily functions occur would not be allowed over the sanctuary.
Summary: One may live above a synagogue but one may not have a bathroom above the sanctuary. 

Today’s Halacha is Dedicated Leilui Nishmat Simha bat Esther z”l

Rabbi Ovadia Yosef (Teshuva in Yalkut Yosef, Hilchot Nefilat Apaim, § 23) and Rabbi Betzalel Stern (Shu”t Betzel HaHochma, vol. 3, § 14) write that on the day of a Hachnasat Sefer Torah (inaugurating a new Torah scroll), Tahanun is not recited, and this is the Moroccan custom as well. A new Sefer Torah imbues a day with immense joy and therefore the supplication prayers are suspended. Similarly, Rabbi Yehuda Ayash (Bet Yehuda, vol. 1, Yore De’a, § 23) writes that the “Sheheheyanu” blessing should be recited the first time a new Sefer Torah is taken out and read, and this was also the custom in Morocco.
Rabbi Haim Benvenisti (Sheyare Knesset HaGedola), Rabbi Haim Palagi (Kaf HaHaim) and Rabbi Davi Pardo (Michtam LeDavid) write that in several Sephardic lands, including Morocco, the sponsor of the new Torah scroll would host a feast in his home for seven days and this would culminate with escorting the scroll to the synagogue. Nowadays, such lavishness is less common and the sponsors tend to host a festive meal on the day of the Hachnasat Sefer Torahitself.

Summary: Tahanun is ommitted on the day of Hachnasat Sefer Torah. “Sheheheyanu” is recited the first time a new Sefer Torah is read.

Following the laws of prayer, the Shulhan Aruch deals with the laws of synagogue. The Shulhan Aruch (Orah Haim 150:1) rules that residents of a town have an obligation to build a synagogue, and the Beur Halacha (ibid.) extends this obligation to establishing a Bet Midrash as well. As well, the Zohar (Beshalah) says that since a synagogue is considered a microcosmic Bet HaMikdash, one fulfils the obligation to rebuild the Bet HaMikdash by establishing a synagogue.The Shulhan Aruch’s ruling applies also to ensuring that there is sufficient capacity in the town’s synagogue(s) and building more if necessary.
Rabbi David ben Zimra (Shu”t HaRadbaz, vol. 3, § 472) discusses the propriety of building a new synagogue because some congregants wish to pray using their own rite. He explains that one must pray where one’s heart desires. In such a place–where one sings with familiar tunes and with practices to which one is accustomed–one’s mind gains full composure and one’s soul is awakened, and therefore one’s prayers are most effective. Thus, it is permissible to establish a new synagogue so as to conform to the customs and rites of a portion of the congregants. Nevertheless, Rabbi Shalom Schwadron (Shu”t Maharsham, vol. 3, § 168) rules that if by splitting off it will significantly affect the membership of the original synagogue such that it may not have a consistent Minyan or worse, may close, then it is forbidden.
Summary:   Every Jewish settlement must have a Synagogue and a Bet Midrash. A new synagogue may be established as long as it does not affect the membership of the other synagogue(s).

The Tur (Orah Haim 149) explains that there are two customs with regards to returning the Sefer Torah to the Hechal on a weekday. One custom, as followed by many Ashkenzim, is that once the reading is completed, Kaddish is recited by the Hazan, the Sefer Torah is returned to the Hechal,  and then “Uva Letzion” is recited.  The Arizal supports this custom because he posits that once the reading of the Torah is completed, the spiritual lights that emanate from it are extinguished and the Torah should therefore be returned immediately. The second opinion given by the Tur, which was the custom in Spain, is to return the Torah after the reciting “Uva Letzion”. This latter custom is further subdivided into two practices, with some Sepharadim reciting Kaddish Titkabal after the Torah is returned to the Hechal, and others, based on the Avudraham and the Kolbo, reciting Kaddish Titkabal while the Torah is still out.

Furthermore, the Shulhan Aruch (Orah Haim 25:13) writes that the custom is to avoid removing one’s Tefilin while the Torah is still out. The Mishna Berura (ibid:57) says that this is alluded to in the verse (Micha 2:13) “Vaya’avor Malkam Lifnehem V’Hashem BeRosham” (lit. “and their king passed before them, and Hashem was at their head”), with the Tefilin Shel Rosh being symbolic of Hashem. The ideal state of a Jewish man is to be crowned with the Tefilin, and therefore if one must remove one’s Tefilin while the Torah is still out, it is proper to do so while the scroll is covered up so as not to reveal one’s bare head.  Nevertheless, the Ben Ish Hai (Od Yosef Hai, Parashat Haye Sara, § 2) says that this only applies to those scrolls that are covered in a velvet cover, commonly used by Ashkenazim and Moroccans. One, however would be permitted to remove one’s Tefillin beside a Torah that is placed in a hard case since the scroll is permanently covered.

Summary: One should not remove one’s Tefilin while the Torah still out. If one must do so, one should wait until the scroll is covered.
3 Attachments

It is written (Masechet Sofrim 14:1) that the pious people of Jerusalem had the practice of showing great honor to the Torah when it was being brought out to be read. Similarly, the Rama writes (Orah Haim 149:1) that it is a Mitzvah to accompany the Torah when it is being brought from the Hechal to the Teva, or vice versa, as a sign of respect. Furthermore, the Maharil applies the concept of “Berov Am Hadrat Melech” to accompanying the Torah, meaning that the greater the multitude of people involved in a Mitzvah, the more the Torah, and by extension, Hashem, is glorified. The Mitzvah of accompanying and walking behind the Torah is incumbent on those before whom the Torah passes. Those who are further away, however, do not have accompany it, although it is praiseworthy to do so.

Additionally, Rabbi Avraham Azoulay (Sefer HaLevush 149:1) says that there is a Mitzvah to kiss the Sefer Torah. He learns this from an a fortiori (“Kal Vahomer”) logic; just as one is obligated to kiss one’s Tefillin, which only contains portions of the Torah, one is certainly obligated to kiss the entire Torah. This is also written by the Arizal (Sha’ar HaKavanot, pg. 48), who was known to kiss the Torah itself, not simply by touching it and then kissing his hand.

Furthermore, Rabbi Eliezer Waldenberg (Tzitz Eliezer vol. 12, § 40) disapproves of the practice of bringing the Torah towards people, or lowering it for children, so that they may kiss it, as this does not show honor to the Torah. Rather, people should themselves go towards the Torah to kiss it. Rabbi Benzion Mutzafi (Orhot Zion, pg. 315) says that the Torah may be lowered slightly for someone who is wheelchair-bound for example, in order to touch or kiss the Torah.

Summary:   There are several forms of honor accorded to the Sefer Torah such as accompanying it or kissing it.

It is written in the Tosefta (Megila 3:13) that the Hazan should not commence his reading  of the Torah until the congregants tell him to begin. From here it is learned that one may go up for an Aliya only when called up and not on one’s own. Furthermore, the Rama (Orah Haim 139:3) states that the custom is to summon congregants by name. The HIDA (LeDavid Emet § 5:30), however, notes that the custom in Israel was that congregants were not called up specifically by name. He explains that if one is called up and refuses the Aliya it is considered a slight on the Torah’s honor and such a person may even be cursed. In order to avoid such a situation, the HIDA says that it is preferable not to call up congregants by name, and indeed, there are communities that summon congregants by simply saying “Bechavod” (“With honor [please go up]”).

Nevertheless, the Moroccan custom is to call up the person receiving the Aliya by name. The original custom was to use one’s name and last name, although some use the first name and the person’s father’s name. Rabbi Matzliah Mazuz (Shu”t Ish Matzliah vol. 3, pg. 428) writes that the well-rooted practice of calling up congregants by name existed even before the Spanish Inquisition, and Rabbi Israel Trunk (Yeshuot Malko § 12) explains that this custom has deep significance.

Summary:  The Moroccan custom is call people up to the Torah by their first and last names.