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Today's Halacha...
If a person arrives in
the synagogue in the morning, and he hears an earlier Minyan reciting the "Yag
Middot" (thirteen divine attributes of compassion), should he join their
recitation if he had yet to recite Birkot Ha'Torah? On the one hand, these are verses from the
Torah, and Halacha forbids reading verses from the Torah before one had recited
Birkot Ha'Torah in the morning. On the
other hand, the "Yag Middot" falls under the category of "Dabar She'bi'kdusha"
– a prayer involving the sanctity of Hashem – which one is obligated to recite
with the congregation. The question thus
becomes whether or not one should join in this recitation if he had not yet
recited Birkot Ha'Torah that morning.
The Halacha in this case is that the person should, in fact, participate in the recitation of "Yag Middot." As we saw in an earlier installment, different opinions exist among the Poskim as to whether or not one may recite verses as prayer – as opposed to reading them for Torah study – before reciting Birkot Ha'Torah in the morning. Although Hacham Ovadia Yosef ruled that one should follow the stringent opinion, and ensure to recite Birkot Ha'Torah before reciting verses as prayer, nevertheless, for the sake of fulfilling the Misva of joining the recitation of "Yag Middot," one should rely on the lenient position in this case. If the person recites Birkot Ha'Torah he will miss the opportunity to join the recitation of "Yag Middot," and so in this situation, it is preferable to rely on the lenient view that verses recited as prayer do not require Birkot Ha'Torah.
This is true also of a person who had not yet recited Birkot Ha'Torah and now finds himself in a Minyan that is reciting Shema. A person in attendance when the congregation recites Shema is required to recite the first verse – "Shema Yisrael Hashem Elokenu, Hashem Ehad" – together with the congregation, even though he is not praying with them, as otherwise he gives the appearance of denying the belief in G-d. The Mishna Berura writes that even if the person had not yet recited Birkot Ha'Torah that day, he should recite this verse with the congregation, since his intention is not for Torah study, but rather to avoid giving the appearance of rejecting Jewish faith. Hacham Ovadia Yosef concurred with this ruling.
Summary: A person who hears a congregation reciting the "Yag Middot" (thirteen divine attributes of mercy) must join them in this recitation, even if he had yet to recite Birkot Ha'Torah that day. Similarly, a person who happens to be in a Minyan that is reciting Shema must recite the first verse ("Shema Yisrael…Ehad") with them, even if he had yet to recite Birkot Ha'Torah.