Shabbos Shirah

By Rabbis Avraham Rosenthal and Yirmiyohu Kaganoff

Question #1: Shabbos Shirah

Why is this Shabbos called Shabbos Shirah?

Question #2: Shouldn’t I know where I stand?

Should I stand or sit while reciting Oz Yashir?

Question #3: Yom Layabashah

Why do some people recite Yom Layabashah at a bris?

Shabbos Parshas Beshalach is called Shabbos Shirah – the Shabbos of the Song. This refers to the Shiras HaYam, the song of thanks that the Jewish nation sang to Hashem after crossing through the Red Sea on dry land and seeing their enemies drown. The name Shabbos Shirah appears already in early authorities (Sefer HaMinhagim [Tyrnau], s.v. Shevat; Sefer Maharil, Hilchos Teves-Shevat-Adar, #7).

WHY SHABBOS SHIRAH?

It is interesting to note that Shabbos Shirah is the only Shabbos that has a unique name based on the parsha that is not taken from the opening words of the parsha. The Shabbosos of the four parshiyos, Shekalim, Zachor, Parah and HaChodesh and Shabbos Shuva receive their names from the maftir, not from the parsha. Shabbos Shuva, Shabbos Chazon, and Shabbos Nachamu receive their names from the haftarah. The Shabbosos on which we read other noteworthy events do not have a unique name; thus, Shabbos Parshas Yisro is not called Shabbos Aseres HaDibros and Shabbos Parshas Noach is not Shabbos HaMabul. Why does the Shabbos of Parshas Beshalach get this distinction? Additionally, the shirah is not the only seminal topic of the parsha. There is also Parshas HaMan and Parshas Marah, in which Hashem starts giving mitzvos to Klal Yisroel, one of which is Shabbos. Why is this Shabbos not referred to as Shabbos HaMan or Shabbos Shabbos?

The Shirah is unique. The Torah consists of what Hashem said to Klal Yisroel. Az Yashir, however, is what Klal Yisroel said to Hashem, and what they said became part of the Torah. This is because when they sang this shirah, they attained the highest levels of prophecy, as it says, “a maidservant saw at the sea more than what (the great prophets) Yeshayahu and Yechezkel saw” (Mechilta d’Rebbi Yishmael, Beshalach, Mesichta d’Shirah #3). Therefore, we call this Shabbos ‘Shabbos Shirah’, in order to remind ourselves of the great spiritual potential of Klal Yisroel (Sefer HaToda’ah, Shevat, s.v. Shabbos Shirah).

PIYUTIM: YOTZROS AND GEULAH

The authors quoted above discuss two minhagim in relation to this Shabbos. Sefer HaMinhagim writes that, “On Shabbos Shirah, we say Yom LaYabashah, and some places do not say it.” He is referring to the piyut that is often sung at the meal following a bris milah. This piyut was originally part of the davening in some communities and is referred to as a “Geulah.” Let us explain this term.

There was an old custom in Klal Yisroel to recite additional tefilos called Yotzros or Piyutim on Yomim Tovim and special Shabbosos. The most commonly still recited Yotzros are those added to the Shabbos morning davening in some communities, when reading the four parshiyos: Shekalim, Zachor, Parah and HaChodesh. They are incorporated into the first bracha of birchos Kri’as Shema, which starts with the words, “Yotzair or,” hence the term “yotzros.”

Another type of addition is called a “geulah.” While yotzros are added to the first bracha of birchos Kri’as Shema, the “geulah,” as implied by the name, is added to the last bracha, which ends with “Ga’al Yisroel.” The piyut of Yom LaYabashah was added to the davening on Shabbos Parshas Beshalach and on Shabbos and other Yomim Tovim whenever there was a bris. This is probably why it became customary to sing this piyut at the bris meal.

Although the minhag of reciting Yom LaYabasha as a piyut during davening has fallen into disuse in most communities, there are still many who are accustomed to sing it during the meals of Shabbos Shirah (Darchei Chaim v’Shalom #832; Siddur Beis Aharon [Karlin]; Sefer Mo’adim LeSimcha, pg. 74).

MINHAGEI HATEFILAH

In many communities there were and still are various minhagim regarding the davening on this Shabbos. In Frankfurt, there was a custom to sing Az Yashir during Pesukei d’Zimra and also to sing from “MiMitzrayim ge’altanu” until “Tzur Yisroel” in birchos kri’as Shema (Sefer Moadim LeSimcha, pg. 69, quoting seforim of minhagei Frankfurt).

In several kehilos, although the custom is not necessarily to sing Az Yashir, they recite it posuk by =posuk (Minhagei Mattersdorf; Darchei Chaim v’Shalom #832; Minhag Belz). It seems, however, that there are two minhagim as to how the Shirah is said. In some locations, the entire congregation, including the chazzan, recites each possuk in unison; while in other shuls, the chazzan recites a possuk and the tzibbur repeats it. It has been suggested that these two approaches of how to recite the shirah have their roots in a disagreement in the Gemara.

The Gemara (Sotah 30b) discusses how the Bnei Yisroel recited the shirah after Kri’as Yam Suf. One opinion maintains that Moshe said one posuk and the Bnei Yisroel repeated it; Moshe said the next posuk and they repeated that posuk as well, and so on. According to another opinion, Moshe initiated the shirah and the rest of Klal Yisroel attained prophecy and were able to join in with him, reciting it simultaneously (Sefer Nachalah LeYisroel 10:56, quoted in Sefer Mo’adim LeSimchah, pg. 70).

It is worthwhile to point out that the Mishnah Berurah (51:17) writes regarding the daily recital of Shiras HaYam in pesukei d’zimra: “One should recite shiras hayam joyfully, and he should imagine that he crossed the sea that day. One who recites it with joy will receive forgiveness for his sins.”

MINHAGIM DURING KRI’AS HATORAH

When leining from the Torah on fast days, most shuls have a custom that three pesukim are first recited aloud by the tzibbur and then by the ba’al kriah: 1) Shuv mei’charon apecha (Shemos 32:12), 2) Hashem, Hashem [the thirteen Divine attributes of mercy] (ibid. 34:6-7), and 3) veSalachta (ibid. 34:9). One of the sources of this minhag is the Avudraham (Seder HaParshiyos veHaHaftaros in the name of Rav Saadiah Gaon). However, he maintains that this custom of reciting pesukim out loud by the tzibbur was not limited to these three pesukim. Rather, he quotes that there are ten such pesukim where the custom is to do so, seven of which are in this week’s parsha: 1) Hashem yilachem lachem (ibid. 14:14), 2) Vaya’aminu baHashem (14:31), 3) Hashem Ish milchamah (15:3), 4) Mi chomocha ba’eilim (15:11), 5) Mikdash Hashem konanu yadecha (15:17), 6) Hashem yimloch l’olam va’ed (15:18), 7) Ki macho emcheh (17:14), 8-9). However, this custom has fallen into disuse, except for the pesukim of the fast day reading.

The generally accepted minhag is that when leining Az Yashir on Shabbos Shirah, a special, melodious tune is used instead of the regular trop (cantillations). However, different shuls have varying minhagim as to which pesukim are read with the special tune (Sefer Moadim LeSimcha, pg. 73).

It is also common practice to give honor to the Rav of the community by giving him the aliyah in which Shiras HaYam is read (Shu”t Radvaz #304; Magen Avraham 428:8).

In the event that there are many people who require an aliyah on Shabbos and it is customary to add aliyos beyond the mandatory seven, the minhag is that the Shirah is read in one aliyah and not divided (Avudraham ibid.; Sha’arei Efraim 7:25).

STANDING UP

In many kehilos, the minhag is to stand during the aliyah of Shiras HaYam from “Vayosha” until the end of the Shirah (Sefer Ketzos HaShulchan 84, Badei HaShulchan 22). One reason is based on the idea that the recital of the Shirah by Moshe and Bnei Yisroel was comparable to the recital of Hallel (Mishnah Sotah 27b). The halacha is that Hallel is to be said standing (Shulchan Aruch 422:7), because one is testifying to the fact that Hashem did miracles for us, and testimony must be said while standing. Therefore, the custom is to stand during the Shirah, and perhaps this is also the reason why many people have the practice of standing for Az Yashir, when reciting it during pesukei dezimra (Kitzur Shulchan Aruch 14:4; Badei HaShulchan ibid.).

Another reason for standing during the Shirah is based on the Zohar (Lech-Lecha 81b), which says that Dovid HaMelech merited to be the ancestor of Moshiach, because he stood up in order to say Shirah, as it says (Tehillim 119:62), “I will arise to praise You” (Siddur Tzelosa deAvraham, pg. 168).

On the other hand, there are those who do not have this minhag to stand during Krias HaTorah (Kaf HaChaim 494:30). It is reported that although Rav Yaakov Yisroel Kanievsky z”l stood during the leining of the Aseres HaDibros, he remained seated during Az Yashir (Sefer Orchos Rabbeinu, vol. I, pg. 120 #85).

Additionally, there are those who argue that if one is sitting during leining, he should not get up for the Shirah or the Aseres HaDibros. This is based on a Gemara (Brachos 11b-12a) that in the Beis HaMikdash the Aseres HaDibros were read together with Krias Shema on a daily basis, and it was suggested to institute this outside the Beis HaMikdash, as well. However, it became necessary to abandon this plan, due to the heretics who tried convincing the simple people that only the Aseres HaDibros are the truth, while the rest of the Torah is not, chas veshalom. They reasoned that since it is only the Aseres HaDibros that are being read, it must be the only thing that Hashem said at Har Sinai (Rashi ibid.). Based on this Gemara, some maintain that if we stand up, specifically, for the Aseres HaDibros or Az Yashir, this will lead people to claim that only these two parshiyos are Toras emes.

However, Rav Moshe Feinstein z”l (Shu”t Igros Moshe, Orach Chaim vol. IV, #22) maintains that this is not a reason to abandon the custom of standing while these parshiyos are read. The Gemara was speaking of a specific incident, and we cannot extrapolate a new prohibition from there. Rav Moshe Sternbuch, shlit”a, suggests that if one wishes to be stringent and is concerned about the above argument, he should stand up a few pessukim before the Shirah or Aseres HaDibros. In this way, he will not be standing up specifically for these two parshiyos, and there can no longer be a claim that only these are emes (Shu”t Teshuvos veHanhagos, vol. I, #144; see also Pischei She’arim to Sha’arei Efraim 7:37).

If one is accustomed to sit during Aseres HaDibros or the Shirah and he finds himself in a shul where the tzibbur stands, he must act in accordance with the local custom (Sha’arei Efraim ibid.; Shu”t Igros Moshe, ibid.).

* In this week’s article in Yated Neeman, Rabbi Kaganoff discusses the custom of feeding the birds on Shabbos Shirah.

EATING WHEAT

In addition to the custom of giving wheat or other food to birds on Shabbos Shirah, there is another fascinating minhag connected to wheat and Shabbos Shirah. There is a discussion among the poskim regarding the correct bracha acharonah to be recited after eating wheat. This topic is beyond the scope of our discussion. However, the Bach writes (Orach Chaim 208) that, “according to the custom of eating whole wheat grains on Shabbos Shirah, one should be careful… only to eat them during a meal.” In order to gain an appreciation of the age of this custom, one should keep in mind that the Bach lived over 350 years ago. This minhag was prevalent in Western Europe and is also cited in Minhagei Frankfurt and Minhagei Chasam Sofer.

One reason cited for the custom is because the manna looked like grains of wheat. Therefore, on Shabbos Shirah when the parshas =haman is read, we eat wheat, as a remembrance of the manna (Likutei Mahari’ach, Teves).

Rav Yehudah Michal Benga Segal, a trustee and a ba’al tekiah of the Frankfurt kehillah over 250 years ago, in his sefer Koach Yehudah, suggested another possible reason behind this custom. Although the primary time for commencing the Pesach preparations is Purim, as is indicated by the halacha that one begins studying Hilchos Pesach thirty days before the holiday (Shulchan Aruch Orach Chaim 429:1), some things required more time. One such item was wheat for matzos. The grains had to be checked, ground, sifted and stored in a chometz-free environment, all of which took much time and effort. Owing to the poor travel conditions of European winters, these preparations had to be started well before Purim.

Therefore, the Pesach wheat was bought for Shabbos Shirah, which is usually two months before Pesach, in order that it be ready for grinding to make the Pesach matzah flour. Once they had the Pesach wheat, they would eat some of it on Shabbos Shirah. This was based on another minhag, cited in the poskim (Magen Avraham 430:1, quoting Maharshal), to eat specifically Pesach wheat or flour before Pesach. The reason behind that minhag is beyond the scope of our discussion (see Sefer Mo’adim LeSimcha, vol. III, pg. 66). Interestingly, some have a custom of preparing a kugel from Pesach flour for Shabbos Hagadol (Luach Minhagei Belz).

THE TEN SONGS

According to the midrash (Mechilta d’Rebbi Yishmael, Beshalach, Mesichta d’Shira, #1), ten songs were sung to Hashem: 1) On the night of Yetzi’as Mitzrayim, 2) after Kri’as Yam Suf, 3) by the well in the desert (Bamidbar 21:17), 4) Moshe’s transcribing the Torah, which is referred to as a shirah (Devarim 31:24), 5) Yehoshua sang shirah when he stopped the sun in Givon and the moon in Emek Ayalon (Yehoshua 10:12), 6) Devorah and Barak ben Avinoam sang shirah after Sisra’s defeat (Shoftim 5:1), 7) Dovid sang shirah when he was saved from his enemies (Shmuel II 22:1), 8) Shlomo sang shirah when he inaugurated the Beis HaMikdash (Tehillim 30:1), 9) King Yehoshafat sang shirah and was saved from the enemy (Divrei HaYamim II 20), 10) the shirah that will be sung in the future when Moshiach comes (Yeshayahu 42:10).

The midrash points out that the first nine songs were referred to in the feminine form, shirah, while the last one, shir, is masculine. The reason for this is that, generally speaking, after a woman gives birth to a child, she will eventually repeat the entire process, thus subjecting herself again to the pains of childbirth. This cycle of childbirth, pain and childbirth represents our existence in this world. Hashem brings salvation, which prompts shirah. He again puts us through trial and tribulation, and again saves us. This is all true until Moshiach comes, when the shir that will be sung is “masculine.” A man cannot give birth. Once we experience the final geulah and sing that final shir, there will be no more pain and suffering. May we merit to see it very soon!

 

How Many Should be Saying Kaddish?

American Friends of Nimla Tal Inc. is a tzedakah that distributes all of the money received to situations here in Eretz Yisroel of which I have personal knowledge. Usually, the money is used to pay for therapy. In addition, a special feature, good through the month of December, is that PayPal adds 1% to the amount donated. So, click on www.paypal.me/rabbikaganoff to donate, and you will be given the option to enter your amount. If you enter $100, for example, you get a US IRS tax deduction of $100, and $101 goes to help the poor in Israel. No money goes to pay salaries or other no expenses.

Since, in Parshas Vayechi, we read of Yaakov Avinu’s last instructions to his children, this is an appropriate week to discuss some of the laws of kaddish.

How Many Should be Saying Kaddish?

Question: Is it better that each mourner recite only one kaddish, or that all the mourners recite all the kaddeishim?

Answer: Most people are under the impression that whether the “mourner’s kaddish” (kaddish yasom) is recited by only one person or whether many recite it simultaneously is a dispute between the practices of Germany and those of Eastern Europe. However, we will soon see that this simplification is inaccurate. There were many communities in Eastern Europe where kaddish was said by only one person at a time, and this was the universal Ashkenazic practice until about 250 years ago.

The custom that many people recite the mourner’s kaddish simultaneously was accepted and standard Sefardic practice (meaning the Jews of North Africa and the Middle East), going back at least to the early 18th century (see Siddur Yaavetz, comments after Aleinu), although when this custom was instituted is uncertain. But before we explore the issue of whether more than one person may say kaddish simultaneously, let us first examine the origins of reciting the mourner’s kaddish altogether.

Origins of kaddish

Although the Gemara refers to kaddish in numerous places (Brachos 3a, 57a; Shabbos 119b; Sukkah 39a; Sotah 49a), it never mentions what we call kaddish yasom, the kaddish recited by mourners, nor does it recommend or even suggest, anywhere, that a mourner lead the services. The Gemara, also, makes no mention of when kaddish is recited, with the exception of a very cryptic reference to kaddish recited after studying aggadah (see Sotah 49a). A different early source, Masechta Sofrim, mentions recital of kaddish before borchu (10:7) and after musaf (19:12). The fact that the Gemara says nothing about a mourner reciting kaddish or leading services is especially unusual, since the most common source for these practices is an event that predates the Gemara. The Or Zarua, a rishon, records the following story:

Rabbi Akiva once saw a man covered head to toe with soot, carrying on his head the load that one would expect ten men to carry, and running like a horse. Rabbi Akiva stopped the man, and asked him: “Why are you working so hard? If you are a slave and your master works you this hard, I’ll redeem you. If you are so poor that you need to work this hard to support your family, I’ll find you better employment.”

The man replied, “Please do not detain me, lest those appointed over me get angry at me.”

Rabbi Akiva asked him: “Who are you, and what is your story?”

The man answered: “I died, and everyday they send me like this to chop and carry these amounts of wood. When I am finished, they burn me with the wood that I have gathered.”

Rabbi Akiva asked him what his profession was when he was alive, to which he answered that he had been a tax collector (which, in their day, meant someone who purchased from the government the contract to collect taxes) who favored the rich by overtaxing the poor, which the Or Zarua calls “killing the poor.”

Rabbi Akiva: “Have you heard from your overseers whether there is any way to release you from your judgment?”

The man responded: “Please do not detain me, lest my overseers become angry with me. I have heard that there is no solution for me, except for one thing that I cannot do. I was told that if I have a son who would lead the tzibur in the recital of borchu or would recite kaddish so that the tzibur would answer yehei shemei rabba mevorach…, they would release me immediately from this suffering. However, I did not leave any sons, but a pregnant wife, and I have no idea if she gave birth to a male child, and if she did, whether anyone is concerned about teaching him, since I have not a friend left in the world.”

At that moment, Rabbi Akiva accepted upon himself to find whether a son existed and, if indeed he did, to teach him Torah until he could fulfill what was required to save his father. Rabbi Akiva asked the man for his name, his wife’s name, and the name of the town where he had lived. “My name is Akiva, my wife’s name is Shoshniva and I come from Ludkia.”

Rabbi Akiva traveled to Ludkia and asked people if they knew of a former resident, Akiva, the husband of Shoshniva, to which he received the following answer: “Let the bones of that scoundrel be ground to pulp.” When Rabbi Akiva asked about Shoshniva, he was answered: “May any memory of her be erased from the world.” He then inquired about their child, and was answered: “He is uncircumcised — for we were not interested in involving ourselves even to provide him with a bris milah!” Rabbi Akiva immediately began his search for the son, whom he located — it turned out that he was already a young adult. Rabbi Akiva performed a bris milah on him and attempted to teach him Torah, but was unable to do so. For forty days, Rabbi Akiva fasted, praying that the child be able to study Torah, at which time a heavenly voice announced: “Rabbi Akiva, now go and teach him Torah!”

Rabbi Akiva taught him Torah, shma, shmoneh esrei, birchas hamazon, and then brought him to shul in order for him to lead the tzibur by reciting kaddish and borchu, to which the tzibur responded, yehei shemei rabba mevorach le’olam ule’olmei olemaya and “Baruch Hashem hamevorach le’olam va’ed.

At that moment, Akiva, the husband of Shoshniva, was released from his punishment. This Akiva immediately came to Rabbi Akiva in a dream and told him: “May it be Hashem’s will that you eventually reach your eternal rest in Gan Eden — for you have saved me from Gehennom.” (This story is also found, with some variation, in the second chapter of Masechta Kallah Rabasi.)

Other versions

When a different rishon, the Rivash, was asked about this story, he reported that it is not found in the Gemara, but perhaps its origin is in Midrash Rabbah or Midrash Tanchuma. He then quotes a story from the Orchos Chayim similar to that quoted by Or Zarua. In conclusion, the Orchos Chayim emphasizes that, for the twelve months of mourning, a mourner should recite the last kaddish of the davening and maftir on Shabbos and Yom Tov, and lead the services for ma’ariv every motza’ei Shabbos (Shu’t Harivash #115).

A similar story is recorded in an earlier midrashic source, the Tanna Devei Eliyahu, where the protagonist is not Rabbi Akiva, but his rebbe’s rebbe, Rabbi Yochanan ben Zakai (see Rambam, Peirush Hamishnayos, end of the fifth chapter of Sotah). In this version, the man was punished until his son turned five and the son was educated to the point that he could answer borchu in shul (Eliyahu Zuta, Chapter 17). No mention is made of the son reciting kaddish. However, the halachic sources all quote the version of the Or Zarua, in which the protagonist of the story is Rabbi Akiva.

Merits for the deceased

This story serves as the basis for the practice that a mourner lead the services and recite kaddish. Relatively little of this topic is discussed until the time of the Maharil, who was asked the following question:

“Should someone who is uncertain whether his father or mother is still alive recite kaddish?”

To this question, frequent in earlier times when cell phones were not so commonplace, the Maharil replied that he is not required to recite kaddish and he should assume that the person is still alive (Mishnah, Gittin 3:3). Once the parent reaches the age of eighty, one should view it as uncertain whether the parent is still alive. Upon this basis, I am aware of a gadol be’yisrael who had escaped Hitler’s Europe before the war, who began to recite kaddish for his parents once the Nazis invaded the part of Russia where his parents were living.

The Maharil continues that if there are two people in shul, one who is reciting kaddish for a deceased parent, whereas the other is uncertain whether his parents are still alive, that the second person should not recite kaddish. This is because of the halachic principle of ein safek motzi midei vadai, someone who has a questionable claim does not preempt someone who has a definite claim or right – in this instance, the person whose parents might still be alive should not recite kaddish, rather than someone whose parents are known to be deceased. We see from this ruling that the Maharil assumes that kaddish is recited by only one person at a time.

The Maharil explains that, for this reason, he himself did not say kaddish when he was uncertain whether his parents were still alive. He then explains that someone who is not sure whether his parents are still alive and is capable to lead the services properly should lead the services in honor of his parents (Teshuvos Maharil #36).

Conclusions based on the Maharil

We see from the Maharil’s discussion that:

Only one person recites kaddish at a time.

The reason that someone whose parents are alive should not recite mourner’s kaddish is because he is taking the kaddish away from people who are mourners.

If there is no mourner present to lead the services, then the person uncertain if he is a mourner should lead services, if he can do the job properly.

Obligatory versus voluntary kaddish

The Maharil (Shu’t Maharil Hachadoshos #28) was also asked how a minor can recite kaddish if it is a requirement, as only one obligated to fulfill a mitzvah may fulfill a mitzvah on behalf of others. The Maharil answered that the kaddeishim that are recited by the shaliach tzibur as part of davening cannot be recited by minors. These kaddeishim are obligatory and therefore must be recited by an adult, who thereby fulfills the mitzvah on behalf of the entire community. However, non-obligatory kaddeishim, such as kaddish derabbanan and the kaddeishim recited at the end of davening, may be recited by minors. As a curious aside, the Mesechta Sofrim (10:7) explains that these kaddeishim were established primarily as make-up for people who arrived late and missed the kaddeishim that are required.

It is interesting to note that, already in the time of the Maharil, people assumed that the mourner’s kaddeishim are more important than the kaddeishim recited by the chazzan. The Maharil points out that this is incorrect, since the kaddeishim recited by the chazzan are required, and it is greater to perform a mitzvah that one is required to observe than one that is not required (gadol ha’metzuveh ve’oseh mimi she’eino metzuveh ve’oseh). The main merit that one performs for his deceased parent is to recite the kaddeishim that are said by the chazzan as part of davening.

Since minors cannot serve as chazzan, the Maharil considers it a great merit that they receive maftir, which a minor may receive, since they thereby recite borchu in front of the tzibur.

Mourner’s kaddish on weekdays

It appears from the Maharil’s responsum that, prior to his era, kaddish yasom was recited only on Shabbos and Yom Tov. In his day, a new custom had just begun in some communities to recite mourner’s kaddish on weekdays. The reason for the new custom was to enable minors to recite kaddish on a daily basis and to accommodate adults whom the tzibur did not want to lead the services.

Which kaddeishim should be said?

The Maharil writes that although these kaddeishim are not required, but only customary, they should still be recited after a shiur is completed, after bameh madlikin is recited Friday evening, and after pesukim are recited, such as when we recite kaddish after aleinu and the shir shel yom. He rules that someone whose parents are still alive may recite these kaddeishim. However, if his parents do not want him to recite these kaddeishim, he should not.

One at a time

At this point, let us address our opening question: Is it better that each mourner recite only one kaddish, or that all the mourners recite all the kaddeishim?

It appears that, initially, whoever wanted to recite what we call today the mourner’s kaddeishim would do so. Knowing the story of Rabbi Akiva, it became an element of competition, different people trying to chap the mitzvah, which sometimes engendered machlokes and chillul Hashem. To resolve this problem, two approaches developed for dealing with the issue. Among Sefardim, the accepted approach was that anyone who wanted to say kaddish did so, and everyone recited kaddish in unison. This practice is noted and praised by Rav Yaakov Emden in his commentary on the siddur (at the end of Aleinu). Among the Ashkenazim, the approach used was to establish rules of prioritization, whereby one person at a time recited kaddish.

These lists of prioritization are discussed and amplified by many later Ashkenazi authorities, thus implying that, in the Ashkenazi world, the early custom was that only one person recited kaddish at a time. We do not know exactly when the custom began to change, but by the late eighteenth/early nineteenth century, several major Ashkenazi authorities, among them the Chayei Odom (30:7) and the Chasam Sofer (Shu’t Orach Chayim #159; Yoreh Deah #345), discuss a practice whereby kaddish was recited by more than one person simultaneously. About this time, we find another custom in some communities, in which the mourner’s kaddish was said by only one person, but where everyone who chose could join in the recital of a kaddish derabbanan that was recited at the end of the daily morning prayer (see Shu’t Binyan Tziyon #1:122), presumably after the rav taught a shiur in halachah.

Merged community

With this background, we can understand the following mid-nineteenth century responsum. A community had two shullen and several shteiblach. The main shul was in serious disrepair, so they made an agreement to close all the smaller shullen in order to pool resources and invest in one large, beautiful new shul and have no other minyanim. Included in this decision was a new takkanah that all mourners would now recite all the kaddeishim in unison. Subsequently, some individuals claimed that the community should follow the practice of the Rema and the Magen Avraham of prioritizing the recital of kaddish and have one person say it at a time. The community leaders retorted that this would create machlokes, since there was only one shul and many people would like to say more kaddeishim than they can under the proposed system. Apparently, the dispute even involved some fisticuffs. The community sent the shaylah to Rav Ber Oppenheim, the rav and av beis din of Eibenschutz. He felt that the community practice of having all the mourners recite kaddish together should be maintained, but first wrote an extensive letter clarifying his position, which he sent to Rav Yaakov Ettlinger, the premier halachic authority of central Europe at the time. I will refer to Rav Ettlinger by the name he is usually called in yeshiva circles, the Aruch Laneir, the name of his most famous work, the multi-volumed Aruch Laneir commentary on much of Shas. The Aruch Laneir’s reply was subsequently published in his work of responsa called Shu’t Binyan Tziyon.

The Aruch Laneir contended that one should not change the established minhag of Germany and Poland, in practice for more than three hundred years, in which only one person recites kaddish at a time. He further notes that although the Yaavetz had praised the practice that several people recite kaddish in unison, the Yaavetz himself had lived in Altoona, Germany, where the accepted practice was that only one person said kaddish at a time. (The Aruch Laneir notes that he himself was the current rav of Altoona and had been so already for several decades.)

Furthermore, the Aruch Laneir contends that one cannot compare Ashkenazic to Sefardic observance for a practical reason. The Sefardim are accustomed to praying in unison, and therefore, when they say kaddish, everyone exhibits great care to synchronize its recital. When Ashkenazim attempt to recite kaddish in unison, no one hears the kaddeishim. The Aruch Laneir notes that when the kaddish derabbanan is recited by all mourners, the result is a cacophony. He writes that he wishes he could abolish this custom, since, as a result, no one hears or responds appropriately to kaddish.

In conclusion, the Aruch Laneir is adamant that where the custom is that one person at a time recite kaddish, one may not change the practice. On the other hand, we have seen that other authorities cite a custom whereby all the mourners recite kaddish in unison.

Conclusion: How does kaddish work?

The Gemara (Yoma 86a) records that any sin that a person commits in this world, no matter how grievous, will be atoned if the person does teshuvah. This does not mean that the teshuvah accomplishes atonement without any suffering. Some sins are so serious that a person must undergo suffering in this world in addition to performing teshuvah, before he is forgiven.

The greatest sin a person can be guilty of is chillul Hashem. Only teshuvah, suffering, and the individual’s eventual demise will be sufficient to atone for this transgression. Thus, a person’s death may result from his having caused a chillul Hashem.

The Maharal of Prague had a brother, Rav Chayim, who authored a work entitled Sefer Hachayim, in which he writes that most people die because at some point in their life they made a chillul Hashem. The reason a mourner recites kaddish is to use the parent’s death as a reason to create kiddush Hashem – by reciting kaddish – thus, atoning for the original chillul Hashem (Sefer Hachayim, end of chapter 8). May we all merit to create kiddush Hashem in our lives.

Nine and a Child

torah-1427213-639x479Since the beginning of parshas Tolados discusses the education of Yaakov and Esav, it is appropriate for us to discuss the topic of:

Nine and a Child

Question #1: Nine and a Chumash?

“A friend of mine once moved to a community where the local daily minyan was not that reliable. On a regular basis, services were conducted by having a ten-year old hold a chumash as the tenth man. Is there a basis for this practice?”

Question #2: Studying Chumash

“When the rishonim referred to a chumash, what did they mean? After all, they lived before the invention of the printing press.”

Answer:

When Avraham prayed for the people of Sodom and its four sister cities, he asked Hashem to save them if forty-five righteous people lived among them, which Rashi (18:28) explains would be the equivalent of a minyan of righteous people per city: nine plus Hashem counting as the Tenth. Can one consider that there is a minyan present with a quorum of less than ten?

The basis of this topic is the Gemara (Brachos 47b-48a), which discusses whether one may conduct services requiring a minyan or a mezuman when one appears to be short of the requisite quorum. Rabbi Yehoshua ben Levi ruled that if one has nine adults and a baby, one can bensch as if one has a minyan. Rav Huna stated that if one has nine adults present one can count the aron hakodesh to form a minyan. To this, Rav Nachman retorted, “Is the aron a person?” Rav Huna explained that he meant that there are situations in which a group of nine people can act as if they are a minyan. Rav Ami ruled that two great talmidei chachamim who sharpen one another in their halachic discussions can be considered the equivalent of three for a zimun. Rabbi Yochanan stated that a child who is almost bar mitzvah can be included as the third for a zimun. Some rishonim (Rabbeinu Yonah) quote a text that concludes that, on Shabbos, one can make a mezuman with two adults – with the day of Shabbos counting as the third “person.”

However, the Gemara concludes that we do not permit a mezuman with less than three adults or a minyan with less than ten — the only exception being that we can count a child for a zimun, if he is old enough to know to Whom we are reciting a brocha. Nevertheless, Rabbeinu Tam rules that one may rely on the above-quoted opinion of Rabbi Yehoshua ben Levi that nine adults and a baby qualify as a minyan even for prayer (Tosafos, Brachos 48a). The Rivash feels that one should not follow the lenient approach, but rules that those who do rely on it can do so only when the child is at least nine years old (Shu’t Harivash #451). Others understand that a minor can be counted as the tenth man, but only if he is twelve years old, which halachah recognizes as an age of majority regarding oaths and vows (Rabbeinu Yonah). We should note that none of these authorities permit counting more than one child to complete a minyan.

Nine and a chumash

Tosafos (Brachos 48a s.v. Veleis) reports that some people counted a child holding a chumash as the tenth “man.” He then notes that Rabbeinu Tam criticized this approach, explaining that if we follow Rabbi Yehoshua ben Levi’s opinion, a child qualifies as the tenth man even if he is not holding a chumash, and if we do not follow that opinion, counting a child holding a chumash is without halachic basis. Rabbeinu Tam explained further that even should one locate a statement of Chazal that a child holding a chumash completes a minyan, the ruling would mean a chumash as was commonly used in the days of Chazal, which comprised one of the five chumashim (Bereishis, Shemos, Vayikra, Bamidbar, or Devorim) of the Torah written as a scroll, similar in style and appearance to a small sefer Torah or a navi scroll used for reading the haftarah. However, in the time of Rabbeinu Tam, although chumashim were still handwritten, they were no longer written as scrolls, but were bound into books. Thus, there would be no basis to permit counting a child holding the type of chumash used in his era.

What is the source?

What is the source for this custom of counting a child with a chumash for a minyan? Rabbeinu Tam was unaware of any such source in the halachic literature that he knew. However, since the practice was widespread, the possibility existed that there was a halachic source somewhere. Bear in mind that in the days of the rishonim, all halachic material was handwritten, almost always on parchment, and that it was therefore very expensive and difficult to have access to seforim. (Rabbeinu Tam lived approximately 300 years before the invention of the printing press.) Rabbeinu Tam had such profound respect for this custom of Klal Yisroel that he assumed that there probably was a statement of Chazal somewhere, one that he had never seen, with a source for the custom. This is what the Gemara refers to as hanach lahem leyisroel, im ein nevi’im hein, bnei nevi’im hein (see Pesachim 66a), “allow Jews [to continue their practice], if they are no longer prophets, they are descended from prophets,” and their customs are based on solid foundations.

However, Rabbeinu Tam understood that should such a statement of Chazal exist permitting a child holding a chumash to be counted as the tenth, it would include only a chumash written as a scroll and would not apply to what existed in his day.

Later authorities note that having a child hold a sefer Torah would count as the tenth man, according to this custom. Furthermore, Rav Moshe Feinstein (Shu’t Igros Moshe, Orach Chayim 2:18) notes that the requirement of having the child hold a sefer Torah scroll would not require that it be a kosher sefer Torah. Even a sefer Torah that is invalid because some words are no longer legible would qualify as a holy scroll for the purpose of counting towards a minyan.

Do we permit a child+Torah?

Most rishonim rule that one cannot count a child as the tenth man even when he is holding a chumash or a Torah. For example, the Rambam (Hilchos Tefillah 8:4) rules that a minyan for prayer must be a minimum of ten men, although for bensching he allows that the tenth “man” be a child who is seven years old or more (Hilchos Brachos 5:7). This is based on his understanding of the conclusion of the Gemara (Brachos 48a) we quoted above that allows counting a child for a mezuman or minyan for bensching, and this forms the basis of Sefardic practice. However, regarding prayer the Rambam does not allow counting a child who is holding a chumash or a sefer Torah. Praying with a minyan requires ten adult men, no exceptions.

Nevertheless, the Tur mentions that “some permit the inclusion of one child with nine adults if they place a chumash in his hand.” The Tur then notes that his father, the Rosh, wrote that one should never count a child as part of a minyan or a mezuman. This Rosh is the main approach followed by Ashkenazim.

Kerias Hatorah

Some early authorities conclude that a minor cannot be counted as the tenth “man” of a minyan for bensching or for prayer, but can be counted to allow the reading of the Torah (Tashbeitz Katan #201). The reason for this distinction is that a minor can sometimes be given an aliyah to the Torah (see Shulchan Aruch, Orach Chayim 282:3 and commentaries). Some authorities permit giving a child even one of the seven aliyos, and all authorities permit giving a child maftir and having him read the haftarah. Thus, for this mitzvah he is indeed considered a man.

The Magen Avraham (55:4; 690:24) cites this position of the Tashbeitz, but does not accept it, demonstrating that both the Shulchan Aruch (Orach Chayim 143:1) and the Rema (Orach Chayim 690:18) do not accept the line of reasoning proposed by the Tashbeitz (see also Pri Megadim, Eishel Avraham 55:4).

Shulchan Aruch and Rema

In regard to prayer, the Shulchan Aruch (Orach Chayim 55:4) concludes: “Some permit the recital of devarim she’be’kedusha [meaning kaddish, borchu, kedusha, reading of the Torah, etc.] when there are nine adults and one minor who is older than six years and understands to Whom we pray. However, this opinion is not accepted by the greatest of the authorities.” With these words, the Shulchan Aruch provides honorable mention to Rabbeinu Tam’s opinion that a child can count, on his own, as the tenth man, but he follows the majority of rishonim who reject it. The Rema comments that although one should not count a child as part of the minyan even if he is holding a chumash, there are those who permit it under extenuating circumstances.

Difference between bensching and davening

Some authorities note a curious reversal in the positions of the Shulchan Aruch and the Rema. The Shulchan Aruch rejects counting a child as the tenth man for tefillah (Orach Chayim 55:4), but accepts counting him as the tenth or third man for bensching purposes (Orach Chayim 199:10). This, of course, reflects the position of the Rambam and most Sefardic Rishonim.

On the other hand, although the Rema mentions the practice of counting a child as the tenth man under extenuating circumstances, he absolutely rejects counting him as the third or tenth for bensching (Orach Chayim 199:10). Thus, he accepts the Rosh’s ruling not to count a child as the third or tenth man for bensching, and cites a leniency only with regard to davening. This is strange, since the halachic sources imply that there is more basis to be lenient regarding bensching than there is regarding davening.

The Maharsham explains that the Rema rules that a minor can count as part of the minyan only if he holds a scroll, which to us would mean that he must hold a sefer Torah. In shul, one may take a sefer Torah out of the aron hakodesh and place it in a child’s arms in order to have a minyan. However, one would not be permitted to bring a sefer Torah to the dining room, and for this reason the Rema rules that one can never include a child in the count of a minyan or mezuman for bensching.

Later authorities

The Magen Avraham (55:5), whose opinion is highly respected by the later authorities, concludes that one may include one minor holding a chumash, but not more than one, to enable the recital of borchu, kedusha or a kaddish that is a required part of davening. However, when relying on a child to complete the minyan, one should not recite any of the kaddeishim at the end of davening (other than the full kaddish recited by the chazzan), since they are not obligatory. This means that when having a minyan of nine plus a child holding a sefer Torah, one may not recite kaddish after Aleinu, or after the shir shel yom.

After quoting this statement of the Magen Avraham, the Mishnah Berurah writes that many later authorities rule that one should not count a child as part of a minyan even under the limited circumstances established by the Magen Avraham. However, the Graz (Rav Shulchan Aruch 55:5) rules that one should not correct someone who completes a minyan under extenuating circumstances by counting a child at least six years old who understands to Whom we are davening, even if the child is not holding a chumash.

We should note that, although the Magen Avraham ruled that even those who are lenient permit the inclusion of only one child, a much earlier authority (Shu’t Min Hashamayim #53) ruled that one may include even two children, provided they are old enough to daven. He explains that since the mitzvah of davening with a community is rabbinic in origin, a child old enough to daven can be included in the count since he is also required to daven as part of his training in the performance of mitzvos (Mishnah, Brachos 20). (The obvious question is that this reasoning should permit counting more than two children, yet Shu’t Min Hashamayim permits only two, but we will leave this question for the moment.)

The shul in which I don’t daven!

In this context, it is highly educational to study two relatively recent cases recorded in the responsa literature. In the late nineteenth century, the Bruzhaner Rav, known also as the Maharsham, Rav Shalom Mordechai Hakohen Shvadron (the grandfather of Rav Shalom Shvadron, the famed maggid of Yerushalayim), was asked the following (Shu’t Maharsham 3:162): The only minyan in a small community in Hungary has been meeting for the past 25 years on Shabbos and Yom Tov in the house of a local wealthy individual. Recently, this individual has been insisting that they incorporate certain innovations in the davening, including changing the nusach of the “shul,” and requiring that the audience recite the entire davening extremely quietly and that not even amen should be answered aloud. The individual who owns the house where the minyan has been davening has now agreed to allow some members of the community to form their own separate minyan whereby they will be able to daven as they are accustomed. However, the group desiring to form their own shul has only nine adult men. Their question: May they lechatchilah begin their own shul, knowing that, according to most authorities, they will not have a minyan?

After listing many of the authorities who rule that they are forbidden to conduct services because they do not have a proper minyan, the Maharsham concludes that he is highly wary of the baal habayis of the original shul and therefore feels that they should rely on the lenient opinions and form their own minyan. He further concludes that they could rely on the opinion that, if necessary, upon occasion, they could have two children holding sifrei Torah to complete the minyan, thus ruling according to the above-quoted Tashbeitz and against the Magen Avraham. The Maharsham is the only late authority, of whom I am aware, who permits eight men plus two children to be considered a minyan.

Another responsum

Rav Moshe Feinstein was asked a similar question in which an established shul’s membership had dwindled to the point where there were only nine adults at its daily minyan. If the shul cannot count a child for the daily minyan, it will be forced to disband. Rav Moshe discusses whether they may continue their minyan notwithstanding the fact that there is another shul in the neighborhood, although it is a bit distant. Rav Moshe notes that although a majority of poskim contend that one should not allow the recital of kaddish, kedusha, etc. when there are less than ten adult men present, maintaining the existence of this shul is considered extenuating circumstance. Since the prohibition of reciting a davar she’be’kedusha without a minyan is only rabbinic, this extenuating circumstance would allow one to follow the minority opinion against the majority. He concludes that since the members of this shul may not make the trek to the other shul, and will also stop attending the shiurim provided in their current shul, the minyan should be continued.

Rav Moshe then raises a few practical questions. The Magen Avraham, upon whom Rav Moshe is relying, permits counting a child for the tenth man only if he is holding a sefer Torah. However, this creates two interesting halachic questions.

  1. One is not permitted to hold something while reciting shma and the shemoneh esrei, so how can the child be holding the sefer Torah then?
  2. While the sefer Torah is being held by someone who is standing, everyone is required to be standing, which means that the entire membership of this shul will be required to stand for the entire davening. (It appears that Rav Moshe understands that one may count the child for a minyan only when he is standing. I am unaware of the source for this ruling.) Therefore, Rav Moshe suggests that the sefer Torah be placed on a table, and that the child stand next to the sefer Torah with his hands holding the atzei chayim, the “handles” of the sefer Torah, which Rav Moshe considers equivalent to holding the sefer Torah.

Rav Moshe writes that it is preferable to have a 12-year-old child hold the sefer Torah, citing the authorities we quoted above who permit a 12-year old to be the tenth man of a minyan.

Rav Moshe recommends that the shul relying on these heterim not have a repetition of shemoneh esrei (chazaras hashatz). This is because reciting chazaras hashatz without a minyan present involves a brocha levatalah, a brocha in vain, which, according to some authorities is prohibited min hatorah. Rav Moshe rules that the chazzan should not recite the quiet the shemoneh esrei, but, instead, should wait until everyone has finished their shemoneh esrei and then he should recite his own shemoneh esrei aloud.

Conclusion

At this point, let us return to our opening question: “A friend of mine once moved to a community where the local daily minyan was not that reliable. On a regular basis, services were conducted by having a ten-year old hold a chumash as the tenth man. Is there a basis for this practice?”

If we follow Rav Moshe’s psak and consider it applicable to their situation, then a child should hold the atzei chayim of a sefer Torah that is placed on the table. Only the kaddeishim required according to halachah should be recited, and no mourner’s kaddish or kaddish derabbanan. The chazzan should preferably not recite his own quiet shemoneh esrei.

The Gemara teaches that Ein Hakadosh Baruch Hu mo’eis bitefillasan shel rabim, Hashem never despises the prayers of the community. Certainly, this should inspire all of us to daven with the tzibur whenever we can.

 

Uva Letziyon, a Precious Prayer

Chazal tell us that Yaakov’s davening was the introduction of tefilas Maariv, which sometimes includes Uva Letziyon. I therefore introduce:

Question #1: Why does the kedusha that we recite in Uva Letziyon include an Aramaic translation?

Question #2: Why does the Uva Letziyon kedusha quote a different pasuk, Hashem yimloch le’olam va’ed, instead of the third pasuk that we usually say for kedusha, Yimloch Hashem le’olam Elokayich tziyon ledor vador halelukah?

Question #3: If I am delayed in beginning the second Ashrei of the morning prayers, should I daven in order, or should I recite Uva Letziyon together with the tzibur and recite Ashrei later?

Answer:

The greatest thing man can accomplish in life is to praise Hashem, and, indeed, all of our mitzvos and all of our studying Torah are different ways whereby we demonstrate homage to Hashem and fulfill His will. In addition, we actively praise Hashem in many places in our prayer, but, most particularly, when we recite Kaddish and Kedusha. The precious prayer Uva Letziyon, recited most frequently towards the end of the daily Shacharis, includes the Kedusha referred to as the Kedusha Desidra.

The importance of this prayer is manifest in the following incredible passage of Gemara:

Now that the Beis Hamikdash has been destroyed, with what merit does the world exist? The Kedusha Desidra and the Yehei Shmei Rabba recited after the weekly sermon (Sotah 49a with Rashi).

What is the special merit of these two prayers that gives them the ability to sustain the entire world? Both of these prayers involve two highly important mitzvos – studying Torah and praising Hashem – and both are performed by the entire community (Rashi ad loc.). It is presumably for this reason that the Shulchan Aruch (Orach Chayim 132:1) emphasizes that one must be very careful to recite the Kedusha of Uva Letziyon with proper concentration. Furthermore, it is prohibited to leave shul until these passages are recited (Shulchan Aruch, Orach Chayim 132:2).

Why are these two mitzvos special? Through Torah study we understand a glimmer of the brilliant blueprint with which Hashem created the world. At the same time, reciting Kedusha and Kaddish is our praise in Hashem’s honor. By combining these two concepts, sanctifying Hashem’s name and studying His Torah, we literally maintain the world’s existence!

Rashi (Sotah 49a) explains that the Kedusha Desidra was established so that every Jew be involved in studying Torah each day, since the prayer includes passages that are immediately translated. Being recited both by scholarly Jews and unlettered ones is precisely the reason for its great worth.

Kedusha

The words of the Kedusha parallel the exalted, sublime praise recited by the angels. We recite Kedusha itself three times in three different forms during weekday Shacharis. The main Kedusha that we recite during the repetition of the Shemoneh Esrei consists essentially of three praises, first the words beginning with Kodosh, Kodosh, Kodosh, from the book of Yeshayahu (6:3), then the sentence Baruch kevod Hashem mimkomo from the book of Yechezkel (3:12), and then the words beginning with Yimloch, which are from Tehillim (146:10). The first two of these verses, Kodosh and Baruch, are the actual descriptions of the Prophets witnessing the angels praise Hashem.

Although when we recite Kedusha we are describing, or perhaps even mimicking, how the angels praise Hashem, the angels must wait for us, the Jews, to praise Hashem, so that they may begin their praise (Chullin 91b). Singing Hashem’s praises in this fashion demonstrates not only our ability to rise to the plane of the angels, but actually expresses our ability to supersede their level.

For this reason, we recite the main Kedusha standing, with our feet together like angels (Shulchan Aruch, Orach Chayim 125:2). We lift our bodies by tiptoeing at the beginning of the reciting of each of the three verses (Shla). Furthermore, one should look heavenward while reciting Kedusha (Rama), and some authorities rule that one should keep one’s eyes closed (Taz), although this approach is not universally accepted (Mishnah Berurah 125:6).

One should be careful to recite the Kedusha together with the tzibur, not earlier and not later (Mishnah Berurah 125:3). We rule that as long as one begins reciting each sentence while the tzibur is still reciting it, one is considered to have recited it together with the tzibur (Elyah Rabbah, cited by Bi’ur Halachah).

Why Three Kedushos?

Why do we recite the Kedusha a total of three times during our Shacharis? Would not one recital be sufficient?

The first Kedusha that we recite daily is an integral part of the long, first brochah of what we call the birchos kerias shma the brochos that accompany the recital of the morning shma.

Above, I mentioned the Gemara’s statement that the world exists in the merit of the Kedusha Desidra. The main focus is that every Jew should participate in the daily recital of Kedusha as part of the tzibur. At the time that this prayer was initiated, many of the less learned individuals who attended daily morning services were not concerned about arriving on time, and, consequently, missed the earlier kedushos. So that these Jews not be deprived of the merit of reciting Kedusha together with the community, Chazal instituted this prayer, Uva Letziyon (Avudraham).

Redemption before Kedusha

The main focus of this article is on the third Kedusha and the prayer that surrounds it, whose words begin Uva Letziyon. The beginning of the Uva Letziyon prayer introduces the Kedusha Desidra by reciting three verses. Why do these verses precede the Kedusha Desidra? The opening two are consecutive verses from the book of Yeshayahu, the first of which promises the future redemption, and the second of which refers to the covenant of the Torah.

We are about to complete our morning daily prayers, with which we hope to establish the “Torah-ness” of our day, and now we are embarking on our daily struggle for financial survival. Immediately prior to beginning this effort, we should be reminded that there will be a future redemption in which we are assured participation, provided that we maintain cognizance of our responsibility to Hashem (Hirsch).

The second verse begins with the words, va’ani zos berisi osam amar Hashem…

Hashem says: “As for Me, this treaty I have made with them.” However, as Rav Hirsch notes, the verse should then say va’ani zos berisi itam, with them, an indirect object, and not osam, which is a direct object. The word osam implies that the treaty is not simply with the Jews, but that the Jews are the object of the treaty – the bris is the very essence of what the Jews are — we exist because we are Hashem’s People. Thus, the second verse reminds us that our raison d’etre is to be Hashem’s People, and that this sensitivity should remain with us as we begin the day’s mundane activities and throughout the ensuing day.

The third verse, which reads ve’ato kodosh yosheiv tehilos Yisroel, is from Tehillim (22:4), and means that Hashem awaits the praises of the Jewish People (Avudraham). As I mentioned before, the angels must wait until the Jews begin saying the Kedusha before they may begin their praises. The Jewish People are the sole bearers of the recognition of Hashem for all of Mankind (Hirsch). Thus, this verse is an obvious lead into our shira to Hashem.

Closing of Uva Letziyon

After we recite the Kedusha, we recite a verse from Divrei Hayamim to verbalize the request that the recital of Kedusha bring us closer to Hashem and repair our hearts. We then include prayers for Divine assistance in learning to fear Hashem.

This last request raises a question: How can we ask Hashem to help us fear Him? After all, everything is in G-d’s hands except for the fear of G-d, which is in our hands. Thus, this is the one item that we should not ask from Hashem, but should assume responsibility for, ourselves!

The answer is that we ask Hashem for His assistance in our learning to fear Him – we start on the road and request His help in continuing (Avudraham). As the Midrash states, “Hashem said to Israel: ‘My sons, merely open for me an opening for teshuvah as large as the eye of a needle, and I will expand for you openings wide enough for wagons to drive through'” (Shir Hashirim Rabba 5:2).

Why Aramaic?

With this background to the prayer, we can now begin exploring the answers to our opening questions. The first question was: Why does this Kedusha include an Aramaic translation?

At the time that this prayer was established, the familiar language spoken by Jews was Aramaic, and some of the common people did not understand Hebrew. For this reason, several other parts of our liturgy specifically intended for everyone’s comprehension were also written in Aramaic. The most common instance of this is the Kaddish (see Tosafos, Brochos 3a s.v. Ve’onin), but note, also, ha lachma anya in the Pesach Seder, which includes a personal invitation to any Jew to join the Seder, and the kohen’s question to the father of a firstborn at a pidyon haben, mai ba’is tefei. With the same goal in mind, at the time of the Gemara each verse read during the kerias haTorah was immediately followed by the Targum translation, an observance that we no longer follow, since the average person no longer understands Aramaic. A vestige of this practice remains when we recite the Akdamus praise on Shavuos as part of the kerias haTorah. (By the way, some Yemenite communities still follow this practice of reciting the Targum after each pasuk during kerias haTorah.)

For the same reason, since the Kedusha Desidra was instituted to include the unlettered, it was accompanied by the traditional Aramaic translation, so that everyone who read it would understand it (Tur; Avudraham).

It is also important to note that the Targum is not simply a translation of the verses, but serves as a commentary. For example, the Targum that we recite to the verse Kodosh, Kodosh, Kodosh, which is from Targum Yonasan, teaches that the repetition of the word kodosh is not to show how holy Hashem is (three increasing levels of sanctity), but that His Holiness exists in the highest Heavens, in the earth that He created, and forever.

Why Yimloch?

The second question asked above was: Why does the Kedusha of Uva Letziyon quote a different verse, Hashem Yimloch Le’olam Va’ed (Shemos 15:18) rather than the verse that we recite for Kedusha in the repetition of the Shemoneh Esrei? With a bit of an introduction, we will discover that the answer to this second question is also linked to the basic theme of why we recite the Kedusha Desidra. Let us first study a related passage of Gemara:

Onkelos the Convert composed the translation of the Torah that he had been taught by Rabbi Eliezer and Rabbi Yehoshua. Yonasan ben Uziel composed the translation of Nevi’im that he had been taught by Chaggai, Zecharyah and Malachi [the Last Prophets], and the Land of Israel trembled 400 parsah by 400 parsah. A Heavenly voice emerged, declaring, “Who is it that revealed My secrets to mankind?” Yonasan ben Uziel stood up and declared, “It is I who revealed Your secrets to mankind. It is revealed and well-known before You that I did this not for my honor nor for the honor of my father’s household, but only for Your honor – to decrease contention in Israel.”

He [Yonasan ben Uziel] also wanted to reveal the translation of the Kesuvim. A Heavenly voice emerged, declaring, “You have done enough!”

What is the reason [not to translate the Kesuvim]? Because it contains the End of Days – the arrival of the Moshiach (Megillah 3a). (The translation published on Kesuvim called Targum Yonasan is of unknown, but definitely much later, origin, and was certainly not written by Yonasan ben Uziel. It does not carry the imprimatur of an old, accepted translation.)

With the background that this Gemara provides, I can now explain why the Kedusha Desidra includes a different verse to praise Hashem’s Kingship. In the Kedusha recited during the repetition of Shemoneh Esrei, the third verse, beginning with the word Yimloch, is from Tehillim, which is part of Kesuvim and therefore has no traditional Targum translation. As mentioned above, the main purpose for reciting Kedusha Desidra is to include the entire Jewish population – including even the unlettered, who required an Aramaic translation. Since the sentence beginning with the word Yimloch was without a Targum, a different verse, Hashem yimloch le’olam va’ed, that conveys the same concept, Hashem’s Monarchy, is substituted, because it is a pasuk in Chumash and therefore has a Targum Onkelos (Avudraham).

What should we recite aloud?

The fact that this verse is from Chumash, whereas the two preceding verses are from the Prophets, became the cause of some interesting practices. The Avudraham mentions a custom, rejected by the halachic authorities, to recite the entire Kedusha Desidra quietly, to avoid calling attention to the fact that Hashem yimloch le’olam va’ed is mentioned last, although as a verse from Chumash, it has greater sanctity than the two passages from the Prophets. Although the majority of halachic authorities rule that all three Kedusha verses should be recited aloud (Mishnah Berurah 132:4), other sources mention a custom of reciting only the two pesukim of Kodosh and Baruch aloud – but not Yimloch, which was recited quietly – again to avoid calling attention to the fact that this verse is not recited until after the words of the prophets (Avudraham).

Aramaic out loud

There is a dispute among the authorities as to whether the Aramaic translations may be said audibly. The Beis Yosef (Orach Chayim 59) explains that, according to the Zohar, these passages are not to be said aloud, and the Rama (132:1) also rules this way. However, the authorities quote that the Arizal was not concerned about this and interpreted the Zohar in a different way. Most communities follow the practice of the Beis Yosef and the Rama and recite these passages quietly.

Kedusha Desidra with the Tzibur

At this point, we can address the third question asked above: “If I am delayed in beginning the second Ashrei, should I daven in order, or recite Uva Letziyon together with the tzibur and recite Ashrei later?”

Since the whole thrust of Uva Letziyon is that the angels wait until we collectively sing shira, every individual should participate in this recital. Therefore, except for someone who is at a place in the prayer where there should be no interruption, everyone should join for the recital of Uva Letziyon and certainly for the refrains. For this reason, the Magen Avraham (Introduction to 132) rules that someone who has not yet davened and finds himself with a tzibur who are ready to recite the Kedusha Desidra should join them in their recital (cf., however, Shaar Hatziyun 132:3), and certainly that someone who is a bit behind the tzibur should skip ahead to recite the Kedusha Desidra together with the tzibur and recite Ashrei afterwards.

We should note that there is a major dispute among the Rishonim whether one may recite the Kedusha Desidra and the Kedusha of the Birchos Kerias Shma without a minyan. The conclusion of most authorities is that one may recite these two kedushos without a minyan. However, one should strive to recite them with a minyan whenever possible.

On Shabbos and Yom Tov

On Shabbos and Yom Tov, Uva Letziyon is not recited in the morning at all. Instead, its recital is postponed to Mincha. This is because the late-arriving individuals who were the reason for the takkanah of the Kedusha Desidra arrived early enough on Shabbos to daven Shacharis with the tzibur and be present for the Kedusha. Instead, Chazal postponed the recital of Uva Letziyon to Mincha because there was a weekly drosha on Shabbos afternoon, attended also by the amei ha’aretz, that closed with words of hope about the future redemption, the sanctity of the Kedusha and our role in praising Hashem – so the drosha naturally led into the prayer Uva Letziyon (Avudraham). Others provide a slightly different reason for postponing Uva Letziyon to Mincha – since the Shabbos morning davening is fairly long, Chazal postponed Uva Letziyon (Siddur Vilna, quoting Orchos Chayim).

Kedusha at Night

Aside from the daily dose of Uva Letziyon, there are three occasions when we recite this prayer at night. Those three occasions are Motza’ei Shabbos, after reading the Megillah on Purim, and after reading Eicha on Tisha B’Av.

Why Motza’ei Shabbos?

The reason why this prayer is recited on Motza’ei Shabbos is because this is when the deceased evildoers who now inhabit gehennom return there. To ease their plight a bit, we add this prayer, which somewhat delays their return to gehennom.

When this prayer is recited at night, the accepted custom is to omit its two opening verses (those from the Book of Yeshayahu) and begin with the words Ve’ata Kodosh. This is because reciting the words Uva letziyon goel, and the redeemer will come to Tzion, as a prayer, is inappropriate at night. Recital of these words as a prayer at night implies that we are hiding the salvation and the freedom from bondage that Hashem will bring. On the contrary, this redemption will happen in broad daylight.

Why on Purim and Tisha B’Av?

On Purim night we recite this prayer immediately after completing Megillas Esther, expressing the manifestation of Hashem’s Kedusha that resulted from our redemption. We recite this prayer on the night of Tisha B’Av, both because it is a special time to pray for the ultimate redemption and because it is a consolation that deliverance will come (see Abudraham and Aruch Hashulchan 693:1).

Conclusion

We now understand why the prayer Uva Letziyon is so important. Let us all now strive to recite it with the appropriate respect and focus.

 

Hodu – Our Daily Thanks

In commemoration of the thanks recited by Eliezer, we will study:

The Daily Hodu Prayer

Question #1: “Why does Nusach Ashkenaz recite Baruch She’amar before Hodu, whereas Nusach Sfard recites Hodu first?”

Question #2: “I noticed that there are sections of Tehillim that are very similar to Hodu. Why are there noticeable differences between these parts of Tehillim and Hodu?”

Question #3: “The Hodu that is in the book of Tehillim is divided between two chapters, Chapters 105 and 96. Why do we combine them when we daven?”

The beautiful praise to Hashem that begins with the words Hodu lashem ki tov, which we recite as part of the daily morning prayers, is a quote from the Divrei Hayamim book of Tanach, with a concluding selection of other verses. Nusach Ashkenaz recites Hodu immediately after Baruch She’amar, as the first part of Pesukei Dezimra, the Biblical praises of Hashem that we recite every morning, whereas Nusach Sfard recites it prior to Baruch She’amar. I will explain, shortly, the basis for these differing customs, why we recite Hodu daily and the historical context within which it was originally written. This will provide both an education and inspiration about our history, our prayers and our customs, in addition to answering all the above questions.

Historical Background

Allow me to first trace the background of the events that led to the writing of Hodu. Let us return, in history, to the first prophecy of the prophet Shmuel, who is still a child, and is being raised and educated by Eili Hakohen. Eili was already quite advanced in years, and he had handed over the running of the Mishkan, then in Shiloh, to his two sons, who had, unfortunately, abused the authority granted them. Eili admonished them for their wrongdoing, but they ignored his rebuke (Shmuel I 2:22-25).

One fateful night, while the lad Shmuel was asleep, Hashem appeared to him, telling him that a major catastrophe would befall the Jewish People, one that would include the destruction of Eili’s sons. The following morning, Eili, who knew that Shmuel had received Divine communication during the night, insisted that Shmuel tell him all the gruesome details of the prophecy. When Eili heard the prediction, he responded, He is Hashem. He will do what is good in His Eyes (Shmuel I 3:18), thereby accepting Hashem’s judgment.

A short time later, the Jews went to war against the Pelishtim (the Philistines). The first day’s battle went very badly for the Jews, and included the loss of about four thousand slain on the battlefield.

The elders of the Jews then decided to get the aron from Shiloh and bring it into battle with them, to save them from their enemies (Shmuel I 4:3-4). When the aron arrived in the Jewish camp, they sounded a great shofar blast. The Pelishtim discovered that the aron was now in the Jews’ camp, and they were petrified, knowing what Hashem had done to the Egyptians many years before (Shmuel I 4:5-9).

The Aron is captured!

However, the next day’s battle was catastrophic for the Jews. Over thirty thousand fell, including Eili’s sons, and the aron was captured by the Pelishtim (Shmuel I 4:11-12).

The Pelishtim took the captured aron to Ashdod, then a Pelishti city, to the temple that housed their main deity, Dagon, and placed the aron alongside their idol. The first morning, they discovered the statue of Dagon fallen over, which they proceeded to upright. The second morning, Dagon’s statue had fallen again, but this time it was badly damaged. In addition, the residents of Ashdod and its suburbs had become plagued with a serious and extremely painful medical condition. The Ashdodians refused to continue harboring the aron, requesting direction from the leaders of the Pelishtim as to what to do with it. The Pelishti leaders decided to move the aron to their main city of Gath.

However, upon the arrival of the aron in Gath, the people there were struck with the same health problem that had previously plagued Ashdod. Subsequently, the Pelishtim decided to move the aron to a third Pelishti city, Ekron, but the Ekronites refused to allow it to enter their town. The Pelishtim then decided that the aron was too dangerous to hold onto, and that they would therefore return it to the Jews. In the interim, while the Pelishtim prepared an appropriate gift to Hashem to accompany the return of the aron, they kept it in a field that was outside any city, so that its presence would not harm anyone. The Pelishtim then prepared a gold offering to placate Hashem for having taking His aron and for having treated it disrespectfully. They then loaded the aron onto a wagon pulled by two cows and sent it on its way, apparently unaccompanied by any individual. The cows proceeded with their precious cargo towards the city of Beit Shemesh, a Jewish town (Shmuel I 5:1-6:12).

Unfortunately, the people of Beit Shemesh, also, did not treat the aron with adequate respect and, as a result, many of them died. The Jews then moved the aron to Kiryas Ye’arim, to the house of a man named Avinadav, where it was treated with proper respect. The aron remained in Avinadav’s house for twenty years (Shmuel I 6:19-7:2).

The aron is moved

Twenty years later, and much has transpired. Shmuel has gone to his eternal reward. Shaul has become king, lost his right to the monarchy, and fallen in battle. David is now king of Israel. He plans a gala celebration to move the aron from its current location in Avinadav’s house to Yerushalayim. David consults with all the leaders of the Jewish people and gathers 30,000 select men from the length and breadth of the country to participate in the festivities.

However, the event is marred. At one point during the transportation of the aron, it appeared to be slipping from its place, and Uzza, the son of Avinadav, grabbed the aron to prevent it from falling (Shmuel II 6:1-7; Divrei Hayamim I 13). However, this was halachically and philosophically a gross error, since the aron does not require being carried – on the contrary, the aron carries those who carry it (Rashi, Shmuel II 6:7). Uzza died as a result.

David cancelled his plans to move the aron to Yerushalayim that day, and instead, he diverted it, temporarily, to the house of a Levi named Oveid Edom. During the three months that the aron remained in Oveid Edom’s house, his household received much blessing, thus demonstrating that Hashem was not angry at David or the Jewish people. Thus, David decided that the time was now right to move the aron to Yerushalayim, as he had originally planned. Amidst much dancing and jubilation, the aron was transported to Yerushalayim (Shmuel II 6:12-19).

As part of this celebration, David arranged for Asaf, the Levi, and his brothers to sing a unique, ecstatic song of thanks to Hashem, specially written by David in honor of the joyous occasion (Divrei Hayamim I 16:7). (This same Asaf is the author of numerous psalms of praise to Hashem, see Tehillim 50 and 74-83.) The song that David wrote for this special occasion (Divrei Hayamim I 16:8-36) begins with the words Hodu lashem ki tov, and it forms the foundation of the prayer that we recite every morning. We will shortly analyze the thrust of this beautiful prayer.

Why Daily?

Why do we recite this song every day?

Among the beautiful and ancient Midrashic literature that Klal Yisroel possesses is the early, revered work Seder Olam, which the Gemara (Yevamos 82b) attributes to none other than the esteemed Tanna Rabbi Yosi ben Chalafta, one of the greatest disciples of Rabbi Akiva. In an era that included outstanding Tannaim – Rabbi Shimon ben Yochai, the author of the Zohar, Rabbi Meir baal ha’nes, the prolific Rabbi Yehudah (ben Illa’ei), who was honored to always speak first ahead of the other great scholars of his generation (Shabbos 33b et al.), and Rabban Shimon ben Gamliel, the head of the Sanhedrin – Rabbi Yosi’s halachic opinion is preeminent, even at times when he is in the minority (Eruvin 46b). As the Gemara states, Halacha kerabbi Akiva meichaveiro, ukerabbi Yosi meichaveirav, the halacha is according to Rabbi Akiva when he disagrees with any other individual scholar, and according to Rabbi Yosi even when he disagrees with more than one scholar (Eruvin 46b).

The Seder Olam (Chapter 14) records that, for 43 years, from the time that the aron was moved to Yerushalayim until the Beis Hamikdash was built by Shlomoh Hamelech, the first fifteen verses of the song Hodu were performed to accompany the offering of the daily Tamid every morning, and the next fourteen verses accompanied the afternoon Tamid. Based on this Seder Olam, it became common practice to recite this song of praise, Hodu, every morning to commemorate this ancient practice (Orchos Chayim, quoted by Beis Yosef, Orach Chayim, Chapter 50; Tur, Orach Chayim Chapter 51).

Before Baruch She’amar or after?

At this point, we can address the first question that was asked above:

“Why does Nusach Ashkenaz recite Baruch She’amar before Hodu, whereas Nusach Sfard recites Hodu first?”

The Orchos Chayim already notes that in his day, there were two customs, one of reciting Hodu before Baruch She’amar and the other approach of reciting it after. Even a terse reading of Hodu certainly explains why one would include it in the Pesukei Dezimra, since it is a beautiful praise of Hashem. But why recite it before Baruch She’amar?

Korbanos

To explain this practice, I need to present a small introduction. The part of davening immediately before Baruch She’amar is called korbanos. It includes recital of the Torah verses that illustrate some of the daily procedures in the Mishkan\Beis Hamikdash, the chapter of Mishnayos beginning with the words Eizehu Mekomam, which categorize and explain the different types of korbanos offered, and then concludes with the teaching beginning with the words Rabbi Yishmael omer. One of the reasons why we recite these Torah verses and Mishnah towards the beginning of our daily davening is so that we can fulfill the verse Uneshalmah parim sefaseinu, our lips should replace the bulls (Hoshea 14:3), which, in this context means that our prayers should be adequate substitutes for the offerings. (Bulls are mentioned specifically, since they are the most expensive offerings [Ibn Ezra ad loc.].) This is true even more so today, when we cannot offer korbanos as long as the Beis Hamikdash remains in ruin, and therefore the closest we can come to offering korbanos is to recite the passages about them.

We can now explain why Nusach Sfard recites the Hodu prayer before Baruch She’amar. Its position there acts as a climax to the recital of the korbanos. Although we are unable to sing shirah to accompany the korban Tamid, we can nevertheless praise Hashem with the same words that were recited then. Thus, this prayer is a sequel to korbanos and should be recited prior to Baruch She’amar.

Korbanos or Pesukei Dezimra?

On the other hand, Nusach Ashkenaz recites the Hodu as part of our Pesukei Dezimra, the part of our daily prayer, whose title literally translates as Verses of Song. The same great scholar mentioned above, Rabbi Yosi, declared his yearning to receive the extraordinary reward granted to those who recite the Pesukei Dezimra daily (Shabbos 118b).

Similarity to Tehillim

At this point, we can explain the second question that I raised above:

“I noticed that there are sections of Tehillim that are very similar to Hodu. Why are there noticeable differences between these parts of Tehillim and Hodu?”

The passages of Hodu are from Divrei Hayamim — and they are very similar to passages in Tehillim. The first part of Hodu, that which was sung to accompany the morning Tamid, is almost identical to the first fifteen verses of Tehillim Chapter 105. The second part of Hodu, which was sung to accompany the afternoon Tamid, bears much similarity to the 96th Chapter of Tehillim. Why would David have written two versions of these passages that are so similar, yet with some minor changes between them?

How are these verses different?

Let us begin by noting the differences that exist between the otherwise identical first fifteen verses of Hodu and the first fifteen verses of Tehillim Chapter 105.

There are several very minor changes between the two passages that do not affect the translation in any significant way. Therefore, whichever David wrote first (we have no way of knowing whether he wrote these parts of Divrei Hayamim first or these chapters of Tehillim), when he wrote the second passage, he decided to modify it slightly, and there could be any number of reasons why he chose to do so. For example, he uses a different form for the Hebrew equivalent of the word his mouth. Whereas Divrei Hayamim uses the poetic and less common pihu, Tehillim uses the more common piv. Another seemingly insignificant change is whether Yitzchak’s name is spelled with the letter tzadi, as it usually is (as it is in Tehillim 105), or in the irregular way with the letter sin (Yischak), as Divrei Hayamim spells it.

Avraham or Yisrael?

Three of the differences between Divrei Hayamim and Tehillim are relatively significant: The Divrei Hayamim version calls upon zera Yisrael, avdo bnei Yaakov bechirav — the offspring of Yisrael, his servant, the children of Yaakov his chosen ones — to sing the joyous hymn, whereas Tehillim says, zera Avraham, avdo, bnei Yaakov bechirav, the offspring of Avraham, his servant, the children of Yaakov his chosen ones, mentioning the children of Avraham in the first part of the verse rather than those of Yisrael.

A second, even more significant dissimilarity occurs two verses later, where Divrei Hayamim commands the Jews: zichru le’olam beriso, remember His covenant forever, whereas Tehillim says zachar le’olam beriso, He [that is, Hashem] remembered His covenant forever. Thus, in Tehillim both the subject and tense of the verb are shifted, which now transforms this pasuk from being a commandment to the Jewish people to observe their covenant with Hashem, as it is in Divrei Hayamim, into a praise of Hashem for keeping His end of the bargain.

A third, less significant, change occurs four verses later when Divrei Hayamim states that Hashem promised the Land of Canaan to the Jewish people, biheyosechem mesei mispar, when you were but few in number, which in Tehillim appears as biheyosam mesei mispar, when they were but few in number, speaking not to the Jews, but about them.

The explanation for these variations appears to lie in the differences in the roles that David Hamelech intended these fifteen pesukim to play in the two, respective places. Tehillim Chapter 105 consists of 45 verses, and therefore, the first 15, which are so similar to the Hodu of Divrei Hayamim, are really an introduction or first section of a longer whole. The entirety of that Chapter of Tehillim is to articulate the praises to Hashem for fulfilling all that He promised to Avraham Avinu. The main thought of this praise is that we are to recognize what Hashem has done for us. All of world history was planned and arranged by Him for the purpose of creating the Jewish nation. Its emphasis is thanks to Hashem for what He has already done. We therefore praise Hashem that He remembered His covenant forever. It is also appropriate to refer to the Jews in third person, when they were but few in number. And, since the entire Psalm praises Hashem for fulfilling all that He promised to Avraham Avinu, it is appropriate to describe the Jewish people as zera Avraham, avdo, the offspring of Avraham.

However, when we use these same fifteen verses as an introduction to the rest of Hodu, they function as an exhortation to praise Hashem for making the Jews unique among all the nations of the world. Once we understand this point, then the changes made by David, himself, in the two passages become self-explanatory. Divrei Hayamim commands the Jews: zichru le’olam beriso, remember His covenant forever. (See the essay by Rav Moshe Eisemann, included on page 431 of the Artscroll Divrei Hayamim.) Similarly, Divrei Hayamim is talking to the Jews, and it is therefore appropriate to say biheyosechem mesei mispar, when you were but few in number. And, certainly, we understand why, when Jews are praising Hashem for making us unique among the nations, we emphasize zera Yisrael, the offspring of Yisrael, his servant – since we are not the exclusive offspring of Avraham.

Conclusion

At this point, we can address the third question that I raised above: “When Hodu is quoted in Tehillim, it is divided between two different chapters, Chapters 105 and 96. Why do we combine them when we daven?”

Although the content of Hodu strongly overlaps with the content of those two chapters of Tehillim, there is a difference in emphasis between the role of the chapters of Tehillim and the praise of Divrei Hayamim. Here, in our prayer we use the version of the Hodu as it was used when transporting the aron, and when the shira was sung to accompany the daily korban tamid prior to the building of the Beis Hamikdash.

Rav Hirsch, in his Commentary on the Siddur notes that Hodu was the shira sung when the aron was in “galus” – when it was located in a temporary place. Thus, Hodu was added to our prayers as praise to Hashem when we are in galus. This is so that we remember that we are required to prove our legitimate right as bearers of Hashem’s Name, and that we continue to declare His works and sovereignty – specifically, when it is not popular for us to do so in our current environment.

 

Between Yishtabach and Borchu

There are numerous references in this week’s parsha, Ki Savo, to blessings, praises and thanksgivings to Hashem. This provides excellent opportunity to discuss the brocha of Yishtabach and the Kaddish and Borchu that follow.

080512_1332_HowAreTefil1.pngQuestion #1: Between Yishtabach and Kaddish

Avraham asks: “In the shullen in which I used to daven, during the aseres yemei teshuvah we always recited the chapter of tehillim,Shir hama’alos mima’amakim,” right after Yishtabach. Someone recently told me that the reason why I do not see this custom practiced any more is because it is a hefsek in the davening. Is this true?”

Question #2: Between Kaddish and Borchu

Yitzchak queries: “Because of my work schedule, I must daven at a very early minyan. At times, we begin davening when it is too early to put on talis and tefillin, so we put on talis and tefillin after Yishtabach. Someone told me that when we do this, we are creating a problem with reciting Kaddish after Yishtabach. Is this true? And if it is true, what should we do?”

Question #3: Between Borchu and Yotzeir

Yaakov inquires: “If I need to use the facilities during davening, do I recite the brocha of Asher Yatzar after answering Borchu if I have not yet begun to say the brocha of Yotzeir Or?”

Introduction: Pesukei Dezimra, Yishtabach and Borchu

All of the above questions deal with the same general issue: what are the laws about making an interruption, a hefsek, between completing the recital of Yishtabach and prior to reciting the birchos kerias shema, the blessings that are recited before and after the shema, which begin with the brocha of Yotzeir Or. Let me begin by explaining the reason why we recite Yishtabach in our davening.

The Mishnah recommends contemplation as an introduction to praying (Brochos 30b). This experience is reflected when we recite or sing the Pesukei Dezimra, literally, Verses of Song¸ prior to Borchu and birchos kerias shema. To show how important this aspect of serving Hashem is, we find that the great tanna, Rabbi Yosi, yearned to receive the special reward granted to those who recite the Pesukei Dezimra daily (Shabbos 118b). Reciting Pesukei Dezimra properly helps elevate one’s entire tefilah to a completely different level. This has the potential to cause our prayer to soar!

Chazal established that we say two brochos, Baruch She’amar and Yishtabach, one before and one after Pesukei Dezimra. Baruch She’amar notes that we use the songs of David to praise Hashem. Since these two brochos are part of the Pesukei Dezimra introduction to our prayer, one may not converse from when he begins Baruch She’amar until after he completes the Shemoneh Esrei (Rif, Brochos 23a). This prohibition includes not interrupting between Yishtabach and the brocha of Yotzeir Or (Rabbeinu Yonah, ad locum, quoting a midrash).

The Tur (Orach Chayim 51), after citing this ruling, quotes, in the name of the Talmud Yerushalmi, that one who talks between Yishtabach and Yotzeir Or commits a sin serious enough that he loses the privilege of joining the Jewish army when it goes to war. According to halachah, prior to the Jewish army going into battle, a specially appointed kohen announces those who are exempt from warfare, which includes, according to this opinion, those who are concerned that their sins may cause them to become war casualties. The Jewish army is meant to be comprised of tzaddikim gemurim, the completely righteous, so that their merits will protect them on the field of battle. Those who are less righteous have no such guarantee, and the Torah therefore exempts them from fighting. Someone whose greatest sin is that he once spoke between Yishtabach and Yotzeir without having performed full teshuvah is too sinful a person to be allowed to serve in the Jewish army, out of of concern that he might become a casualty.

Interrupting between Yishtabach and Borchu

As I mentioned above, the questions introducing this article all deal with the laws of interrupting between Yishtabach and the beginning of the birchos kerias shema. The details of these halachos are not discussed in the Gemara, and, therefore, in order to establish what are the rules related to them, the halachic authorities needed to compare these laws to those of birchos kerias shema, which are discussed in the Gemara.

In general, it is prohibited to interrupt during the birchos kerias shema, although the Gemara mentions a few exceptions, including, at times, responding to a person’s greetings, so as not to offend him. The Rishonim dispute whether one may respond to Borchu, Kedusha, and Amen yehei shemei rabbah (in Kaddish) during the birchos kerias shema, the Maharam Rotenberg prohibiting, whereas his disciple, the Rosh, permitted it (Rosh, Brochos 2:5). The Maharam Rotenberg contended that these responses are prohibited during birchos kerias shema, because it is inappropriate to interrupt praise of Hashem in order to recite a different praise, even something as important as responding to Kaddish or Kedusha. The Rosh permitted this interruption, because he held that responding appropriately to Hashem’s praises should not be treated more strictly than responding to the greeting of a person, which is permitted under certain circumstances.

The poskim follow the opinion of the Rosh, concluding that one may answer the following responses while reciting the birchos kerias shema:

(1) Kaddish: one may answer “Amen, yehei shemei rabbah mevorach le’olam ule’almei almaya,” and one may also answer “Amen” to the Chazzan’s da’amiran be’alma (at the point that we end what is called half-Kaddish. However, one may not respond to the other places in Kaddish (Chayei Adam 20:4).

(2) Borchu: One may answer “Boruch Hashem hamevorach la’olam va’ed.” This is true whether it is the Borchu that the chazzan recites before birchos kerias shema morning and evening, or whether it is the Borchu that the person receiving an aliyah recites prior to his aliyah (Magen Avraham 66:6).

(3) Kedusha: One may respond “Kodosh kodosh…” and “Boruch kevod Hashem mimkomo” to Kedusha, but one may not respond to the other parts of Kedusha we traditionally say, even the sentence beginning Yimloch (Ateres Zekeinim).

(4) Amen to Brochos: One may respond “Amen” to the brochos of Ha’Keil Hakadosh and Shema Koleinu (Rama 66:3), but not to other brochos.

Thundering applause

The poskim also dispute whether one may recite the brochos on lightning or thunder while in the middle of birchos kerias shema. The Magen Avraham 66:5 rules that one should, whereas the Bechor Shor (Brochos 13a) disagrees, contending that one should not interrupt one praise of Hashem with another. The Chayei Adam reaches a compromise, ruling that one should recite the brocha on lightning or thunder if he is between the brochos of keriyas shema, but not when he is in the middle of reciting one of the brochos. The dispute between the Magen Avraham and the Bechor Shor remains unresolved (Mishnah Berurah 66:19), and, therefore, someone who hears thunder while in the middle of one of the birchos kerias shema may choose whether to recite the brocha or not.

Between Yishtabach and Borchu

Now that we understand the accepted halachah concerning interrupting the birchos kerias shema, we can discuss the laws that apply between Yishtabach and Borchu. We should note that between the completion of Yishtabach and the beginning of Yotzeir Or can be subdivided into three points:

(1) Between Yishtabach and Kaddish.

(2) Between Kaddish and Borchu.

(3) Between Borchu and beginning the brocha of Yotzeir Or.

Although one might think that the birchos kerias shema do not begin until one begins reciting the words of the brocha, the early authorities rule that once one has said or responded to Borchu it is considered that he is already in the birchos kerias shema (Sefer Haminhag, quoted by Beis Yosef, Orach Chayim 57; Rama 54:3). Thus, one may not interrupt once one has recited Borchu, except for the list of four items mentioned above.

What interruptions are permitted?

Notwithstanding the fact that it is prohibited to speak between Yishtabach and Borchu, interrupting at this point is less severe than between Baruch She’amar and Yishtabach or during the birchos kerias shema. Therefore, under certain circumstances, some interruptions are permitted. For example, if one needs to recite a brocha, it is better to do so after completing Yishtabach before answering (or saying) Borchu then during the Pesukei Dezimra. For this reason, someone who did not have tzitzis or tefillin available before davening, and they become available during Pesukei Dezimra, should put them on immediately after Yishtabach and then recite the brochos on them.

The authorities discuss several other instances and whether they are permitted between Yishtabach and Borchu, even though none of these interruptions is permitted during the birchos kerias shema. All of these permitted interruptions qualify either as tzorchei mitzvah, mitzvah requirements, or community needs. To quote the Tur (Orach Chayim 54): “One may not interrupt between Yishtabach and Yotzeir if it is not for community needs or for someone who needs to be supported from charity.” Thus, the Tur rules that although it is prohibited to talk after Yishtabach, one is permitted to make an appeal for charity at this point. Although, as we will soon see, this position is not universally agreed upon, there were other early authorities who held this way (Rav Amram Gaon, quoted by Tur; Beis Yosef quoting Kolbo #4).  The Shulchan Aruch (54:3) quotes this opinion, although he considers it to be a minority view (see also Hagahos Maimoniyos 7:70). In many places, custom was to extend this leniency to include requesting personal assistance for other needs, as we will see shortly.

It is certainly permitted to recite the brocha upon hearing thunder at this point in davening, and most authorities permit one to recite Asher Yatzar at this point (Mishnah Berurah 51:8. However, see Chayei Adam [20:3], who prefers that one not recite Asher Yatzar until after Shmoneh Esrei.)

At this point, we can answer one of the questions we raised at the beginning of this article: “If I need to use the facilities during davening, may I recite the brocha of Asher Yatzar after answering Borchu, provided I have not begun to say the brocha of Yotzeir Or?”

The answer is that one may recite Asher Yatzar before answering Borchu, but if one has already answered Borchu, he should wait until after Shemoneh Esrei before reciting it.

Before Kaddish or after?

In a situation when one may interrupt after Yishtabach, is it better to interrupt before reciting Kaddish or after Kaddish and before Borchu? This exact question is discussed at length by the Darchei Moshe, the Rama’s commentary on the Tur (Darchei Moshe, Orach Chayim 54:1):

“The custom is to make a mishebeirach for the ill between Yishtabach and Yotzeir; and occasionally, someone shouts [at this point in the davening to call attention to the need] to bring someone to justice, and these are considered mitzvah needs. (The Rama codifies this last practice in his comments to Shulchan Aruch 54:3.) However, I do not understand why the custom is to do so before Kaddish, and then after the interruption to recite Kaddish. Since this Kaddish refers back to Pesukei Dezimra, as I will explain in Chapter 55, we should not interrupt before it. Furthermore, one following this practice no longer has a basis to recite Kaddish afterwards, since it now no longer concludes the Pesukei Dezimra.” The Rama then quotes the Kolbo (6), who says that if one did, indeed, interrupt between Yishtabach and Kaddish, then one should say Borchu without Kaddish. The Kolbo suggests another option for someone who interrupted after Yishtabach — he should recite three or more pesukim of tehillim and then say Kaddish.

On the basis of this Kolbo, the Rama, with the agreement of other talmidei chachamim, changed the practice in his city. However, he subsequently retracted this decision, because he found a more authoritative source that followed the original practice of interrupting before Kaddish rather than afterwards. The Or Zarua quoted a teshuvas ha’geonim that someone who began davening when he did not yet have a talis should stop after Yishtabach, recite the brocha, and put on the talis. However, if the community had already begun Kaddish, he should not interrupt at all. Thus, we see that if one needs to interrupt at this point in the davening, it is better to do so before Kaddish than afterwards. The Rama continues that this position is in line with the kabbalistic works that hold that one should not interrupt between Kaddish and Borchu. (By the way, the Rama himself was heavily steeped in Kabbalah, and authored a work on the topic.)

The Rama then concludes that it is best to avoid any interruption at all, and he cites that, in Prague, they had stopped all interruptions after Yishtabach. In a community which has the custom to interrupt, the Rama concludes that the best procedure is to interrupt after Yishtabach and before Kaddish, and that the chazzan should recite a few pesukim after the interruption prior to saying Kaddish, combining the positions of the Or Zarua and the Kolbo (Darchei Moshe 54:1; Rama 54:3).

At this point we can now answer Yitzchak’s question that we mentioned above:

“Because of my work schedule, I must daven at a very early minyan. At times, we must begin davening when it is too early to put on talis and tefillin, so we put on talis and tefillin after Yishtabach. Someone told me that when we do this, we are creating a problem with reciting Kaddish. Is this true? And if it is true, is there a simple solution to the problem?”

The “someone” who corrected the procedure was familiar with the opinion of the Kolbo. However, the Rama concludes that this is not a halachic concern, and that the procedure followed in Yitzchak’s shul is fine.

Kaddish before Musaf

There is a very interesting side point that results from this above-quoted Rama:

In a place where the rabbi delivers a sermon prior to Musaf, the custom is to do so before Kaddish. Is there any problem with reciting Kaddish, although there is now a huge interruption between the recital of Ashrei and the Kaddish?

Whether the chazzan may immediately recite Kaddish should depend on the above-cited dispute between rishonim. Just as the Kolbo ruled that the chazzan may not recite Kaddish once he interrupted unless he recites a few verses prior to saying Kaddish, here to, the chazzan must recite a few verses prior to reciting Kaddish. According to the Or Zarua, an interruption after the recital of the verses does not pose any problem with saying Kaddish afterward. Since the Rama concluded this way, one does not need to be concerned, and that is the basis of the custom.

Az Yashir after Yishtabach?!

Prior to addressing the last remaining question, we need to discuss a curiosity. The last Biblical passage cited as part of Pesukei Dezimra is Az Yashir, the Shiras Hayam that the Jewish people sang as praise to Hashem, after witnessing the miracles at the crossing of the Red Sea, the Yam Suf. The Tur (51) and the Avudraham explain that this passage is included immediately before Yishtabach, because it contains fifteen mentionings of Hashem’s holy Name, thus corresponding to the fifteen praises of Hashem that are stated in Yishtabach.

Others cite a different, but similar, idea: that we complete Pesukei Dezimra with Shiras Hayam, because the four-lettered name of Hashem is mentioned eighteen times between the words Vayehi Be’ashmores (that precede Az Yashir in the Torah) until the end of the Shiras Hayam. This adds up to a total of 72 letters of Hashem’s name and, thereby, represents a very high level of kedusha (Beis Yosef, 51, explaining Orchos Chayim).

By the way, these two allusions are not conflicting, but complementary. One explains Az Yashir as the introduction to Yishtabach, and the other makes it a representative of the entire Pesukei Dezimra as an introduction to the Shemoneh Esrei.

Notwithstanding the fact that it is now standard practice to include Az Yashir, the earliest versions of Pesukei Dezimra did not include any recital of Az Yashir, and others recited it after Yishtabach. For example, the Rambam’s Seder Hatefillos (located at the end of Sefer Ahavah in his Yad Hachazakah) places Az Yashir after the recital of Yishtabach.

With this introduction, we can now address one of the questions asked above:

“In the shullen in which I used to daven, during the aseres yemei teshuvah, we always recited the chapter of tehillimShir hama’alos mima’amakim’ right after Yishtabach. Someone recently told me that the reason why I do not see this custom practiced any more is because it is a hefsek in the davening. Can that possibly be true?”

Here is the background: The Magen Avraham (54:2) quotes the Arizal that during the aseres yemei teshuvah one should add Shir hamaalos mima’amakim after Yishtabach. The Magen Avraham then asks why this is not considered a hefsek. In response to this concern, the Dagul Meirevavah notes the Rambam’s placement of Az Yashir after Yishtabach; thus, it is curious to understand what was bothering the Magen Avraham. (One could also mention the Tur and others, who noted the custom of making charity and other communal appeals after Yishtabach as proof that reciting Shir Hama’alos should not be considered an interruption.)

Presumably, the Magen Avraham feels that adding Az Yashir is not a hefsek, since it is praise of Hashem, which is the same theme as the entire Pesukei Dezimra. We may, therefore, add other praises to Pesukei Dezimra. However, Shir Hama’alos is being added as a supplication, and the Magen Avraham considers this to be an interruption at this point in davening. And, although the Tur and Rama mention a custom of interrupting for communal or mitzvah needs, today, the prevalent practice is to not interrupt, as the Rama himself preferred. We could then conclude that although one may add quotations and passages from Tanach that praise Hashem both to the Pesukei Dezimra and immediately afterwards, one should not add passages that are being used as supplication, and that this is the reason why some did not observe this practice. However, those who do recite Shir Hama’alos Mima’amakim are following the practice of the Arizal, and should continue to do so.

Conclusion:

The Ramban (Commentary to Shemos 13:16) explains: “All that Hashem desires from this world is that Man should thank Him for creating him, focus on His praise when he prays, and that the community pray together with concentration: Mankind should gather together and thank the Lord who created them, broadcasting: We are your creations!

 

Jews and Idols

man praying at KoselQuestion #1: May I pray while they meditate?

Yankel is in an overseas airport and would like to know:

“May I daven in the ‘meditation room’?”

Question #2: Idol art

“May one enter a house of idol worship to enjoy the artwork?”

Question #3: Converted church

“May we purchase for our shul an abandoned building that once was a church?”

Answer:

Parshas Re’eih includes several mitzvos that involve idol worship. In addition, when Pharoah asked Moshe to pray to end the plague of Hail, Moshe responded that he would pray as soon as he left the city. Rashi, quoting the Mechilta, notes that he could not pray in the city, because it was full of idols. Thus, we see that one should not pray in a place containing idols. The other questions above also relate to the halachic requirement to distance ourselves from idols and idolatrous practice. (As always, the purpose of this article is not to render halachic decisions, but to familiarize our readership with the background of the issues. We direct each reader to his own rav or posek to answer specific shaylos.)

In a similar context, the Gemara (Shabbos 127b) records that when Rabbi Yehoshua needed to speak to a Roman, he removed his tefillin (which he wore all day) before entering the house, so as not to expose the tefillin to the tumah of the idols that an upper class Roman would have.

Meditation room

Let us begin our discussion by explaining the first of our opening questions. Yankel is traveling on business, and his itinerary allows him to daven in the airport, between flights. However, the bustle of his fellow travelers makes it difficult to find a place where he can daven with any sort of kavanah. There is a “meditation room” in the airport, where he can find a quiet corner, but this room is probably used by idol worshippers for their prayers. May he daven there?

We can actually find a precedent for Yankel’s predicament in a responsum penned approximately six hundred years ago, by the great posek, Rav Yisroel Isserlin, who authored the Terumas Hadeshen (#6). His case is fairly similar to Yankel’s – despite the fact that none of the airports he used sported meditation rooms. The Terumas Hadeshen’s question concerns a traveler who needs to daven mincha. Our traveler sees that his two best options are:

(1) To go to a field that is alongside the road and pray there.

(2) To wait until he reaches the nearest inn, which will be one owned and operated by gentiles, and pray there.

Praying in an open field

The Gemara frowns strongly on someone who prays in an open area (Brachos 34b, Tur and Shulchan Aruch, Orach Chayim 90:5). Thus, the Terumas Hadeshen suggests that perhaps it is better to wait until he arrives at the inn and pray there. On the other hand, he notes that praying in a non-Jewish inn, even should he find a quiet corner, involves its own halachic challenges, since the inn will =undoubtably be filled with idols and graven images. The Terumas Hadeshen quotes both the Mechilta and the Gemara mentioned above as proofs that one should not pray in a place containing religious icons. Therefore, the better choice is for our traveler to pray in an empty field, if he can find a place where he will not be distracted. However, if there is no place to daven outside without risking being bothered, he should wait until he arrives at the inn, hoping that he’ll find an undisturbed corner in which to daven.

Thus, we see that the Terumas Hadeshen understands that Moshe left the city to daven because he had an alternative place – but it is permitted to pray in a city containing idols, when there is no alternative.

Based on this Terumas Hadeshen, we should be able to answer Yankel’s inquiry. If there is no better place in the airport where he can daven undisturbed, it would seem that he may use the meditation room. Of course, I suggest that our readers refer this question to their own rabbonim and poskim.

Enjoying the artwork

At this point, let us discuss the next question raised above:

“May one enter a house of idol worship to enjoy the artwork?”

I found that this exact question was asked of two recent halachic authorities, Rav Eliezer Yehudah Valdenberg (Shu’t Tzitz Eliezer 14:91) and Rav Ovadyah Yosef (Shu’t Yechaveh Daas 4:45). Both of these authorities prohibit entering a church as part of a tour, to enjoy the artwork, or to study history. Let us examine the sources on which this prohibition is based.

The Mishnah (Avodah Zarah 1:4) states: It is permitted to be outside a city that contains avodah zarah. If there is avodah zarah outside it, inside the city is permitted.

The Mishnah implies that one may not be inside a city that “contains avodah zarah.” The question is: What is meant by the clause, a city that contains avodah zarah? This is the subject of a dispute among the early authorities. Most rishonim (e.g., Rashi, Avodah Zarah 11b; Raavad, to Hilchos Avodah Zarah 9:9) explain that the Mishnah is prohibiting entering a city on a day that there is a big festival in honor of a deity. One may not visit the city that day, because people may think that he is entering the city in order to buy or sell from those observing a holiday. This is prohibited, because his financial dealing with the idolaters may cause them to thank their god for the commerce that was provided, which means that the Jew caused a gentile to worship idols. According to this approach, one may enter a city that contains idols when no festival is being celebrated.

However, the Rambam understands the Mishnah differently, prohibiting entering any city that contains idols. To quote him:

You should be aware that it is prohibited to travel intentionally through any city in which there is a temple of avodah zarah, and it is certainly prohibited to dwell in such a city. However, we are under their control and we live in their lands against our will… if this is the law regarding the city, it is certainly so regarding the temple building itself. It is almost prohibited for us to see it, and, certainly, we may not enter it (Rambam, Commentary to Mishnayos, Avodah Zarah 1:4). The Rambam rules the same in his Mishneh Torah (Hilchos Avodah Zarah 9:9), stating that one may not enter a city that contains an idol.

How do we rule?

The Shulchan Aruch (Yoreh Deah 149:1) rules according to the majority opinion, meaning that it is prohibited to enter a city containing a building intended for idol worship only on a day when there is a festival. The Shach, however, appears to disagree, quoting the Rambam’s opinion as normative halachah. The accepted practice follows the Shulchan Aruch.

However, the Shulchan Aruch is permitting entering only a city that contains an idol. All authorities prohibit entering the house of worship itself. This is based on a passage of Gemara (Shabbos 116a) that states that if someone is being pursued by either a person or a snake that is trying to kill him, he may enter a house of idol worship. Obviously, it is prohibited to enter such a building for any other reason (Shu’t HaRosh 19:17; Tur and Shulchan Aruch, Yoreh Deah 157:3).

Abizraya de’avodah zarah

Thus, the halachic conclusion is that one may not enter a house of idol worship, except when it is a life-threatening emergency. There is an element of halachic novelty to this ruling. Usually, any prohibition associated with avodah zarah, even benefiting from idols, is prohibited under all circumstances, even to the extent that one is required to give up one’s life not to violate it, yeihareg =velo= yaavor. Clearly, although it is prohibited to enter a house of idol worship, it is not included to the extent that it is yeihareg velo yaavor. (The intrepid reader is referred to Shu’t Divrei Yatziv [#74 in the addenda], by the late Klausenberger Rebbe, who discusses why, indeed, the law is not yeihareg velo yaavor.)

We should note that there are authorities who rule that one may not enter a house of idol worship, even to save one’s life (Bach, end of Yoreh Deah 157, quoting Rashba). These poskim, indeed, consider this prohibition to be yeihareg velo yaavor.

Collecting your debt

An early authority, the Sefer Chassidim (Rav Yehudah Hachassid, early 13th century Germany), shared with us the following story, which bears out the same ruling: A priest owed a Jew a lot of money, and he knew that the Jew would not follow him into a church. Whenever the Jew went to collect the debt, the priest went into a church to avoid paying his debt. A different person who was owed money had entered a church to collect the debt, and now, feeling guilty about it, asked a posek how he should do teshuvah for his sin of entering the church. He was answered that on that date every year (the yahrzeit), he should fast, as atonement for the sin (Sefer Chassidim #435). Thus, we see how seriously Rav Yehudah Hachassid viewed the prohibition of entering a church.

In a similar, much later, ruling, the Maharash Engel (responsum #83) prohibited a Jewish carpenter from installing windows in a church (quoted by Shu’t Tzitz Eliezer 14:91). As noted by Rav Ovadyah Yosef, this should be applied to any Jewish workman – such contract work is off-limits. In the above-referenced responsum, Rav Ovadyah speaks very strongly about how severe a prohibition it is to enter a church.

(Most early authorities conclude that Christianity qualifies as avodah zarah in halachah; see, for example, Rambam, Hilchos Avodas Kochavim 9:4 in the uncensored editions.)

Entering the courtyard

May one enter the courtyard of an avodah zarah, as long as one is careful not to enter the building? A corollary of this question is whether a workman may take a job that includes doing outdoor cleaning or repair work on a church.

The Rema (Yoreh Deah 149:2) rules that when the idolatrous worshippers are gathered outside for some religious observance, a Jew may not enter the courtyard, because of the prohibition of maris ayin: people might think that he is intending to join the worshippers.

At times when there is no such gathering, the Rema quotes a dispute as to whether one is permitted to enter the courtyard. When the courtyard leads somewhere else as well, it is permitted, according to all opinions, to traverse it to get somewhere that is permitted. Even so, it is exemplary practice to avoid entering a courtyard that includes a beis avodah zarah, when he has an alternative route that will not add significantly to the trip.

Converted church

At this point, let us discuss our next question above:

“May we purchase for our shul an abandoned building that once was a church?”

This actual question was asked of Rav Moshe Feinstein (Shu’t Igros Moshe, Orach Chayim I #49). A Catholic church had suffered a fire over twenty years before, and the building was subsequently renovated for use as a school. Subsequently, the school building was destroyed, again, and all that remains of the building now is a shell, with no indication of its previous use. May one purchase the property for use as a shul?

As Rav Moshe notes, the background to the shaylah is not new. Let me provide an introduction.

The halachic authorities discuss the following question: A gentile donated wax candles to his church, but they were never used. May these candles be used in a shul? The Chasam Sofer ruled that they may, since they were never used for idolatrous practice (Shu’t Chasam Sofer, Orach Chayim #42, quoted by Mishnah Berurah 154:44).

What is the law if these candles had been used in the church, and were then sold by the priest? Is a Jew permitted to use these candles? The authorities rule that one is permitted to use the candles for private, non-mitzvah use, but they may not be used in a shul (Shulchan Aruch and Rema, Orach Chayim 154:11). Why is this so?

Although the candles were used for idolatrous purpose, the fact that the priest sold them constitutes this to be an act called bitul, nullifying the prohibition of avodah zarah, which permits using these candles for secular purposes. However, one may still not use them to perform a mitzvah, such as to kindle them in shul, for the Shabbos lights, the Chanukah lights or to enable someone to study Torah (Magen Avraham; Elyah Rabbah 154:15).

By this logic, it would seem that a converted church should not be used for any mitzvah, and certainly not for a shul. This is, indeed, the conclusion of Rav Moshe Feinstein, although he acknowledges that there are those who disagree, as I will now explain.

May one pray in a church?

A prominent, early acharon, Rav Eliyahu Mizrahi, was asked concerning the following: A shul had been used for some sinful activity, and now people were spreading a rumor that one is no longer permitted to daven there. The Mizrahi, as he is usually called, ruled that this was an error in halachah. In his responsum on this topic, he wrote the following: “What they think is in error. According to their mistaken notion, one would never be permitted to pray in the house of any of the Greeks (his way of referring to the Eastern Orthodox Christians, as opposed to the Moslem population where he lived), since they usually have in their homes statues of Jesus and his mother, with a fire burning underneath, and the smoke rises from the fire, which qualifies as straightforward idol worship… Nevertheless, it is permitted for us to rent houses from them and pray in the houses, notwithstanding the fact that we know that they had worshipped idols in the house previously. If this were prohibited, we would be forbidden to pray in the Beis Hamikdash, since the Greeks brought idols inside, prior to the Chanukah miracle (Shu’t Rav Eliyahu Mizrahi #81).

Indeed, why is it permitted to pray inside the Beis Hamikdash after it was made into a house of idol worship? The Magen Avraham (154:17) explains that this is permitted because the building itself was never worshipped. For the same reason, perhaps a church building can be treated more leniently than the leftover wax, which may not be used for a mitzvah, since the wax itself was used for avodah zarah worship.

However, other authorities prohibit using as a shul what was once a church building (Elyah Rabbah), contending that one may pray in such a building only on an occasional basis. Although the Beis Hamikdash was used on a permanent basis, there is a halachic difference between using a building that was originally intended for idol worship, which one may daven in only after it is no longer being used and, even then, only occasionally, and the Beis Hamikdash, which, although used for idolatry, does not lose its kedushah.

A further question is raised on the opinion of the Mizrahi from a Tosafos (Megillah 6a s.v. Teratiyos). The Gemara there states that the Roman teratiyos will become places used for the public teaching of Torah. Tosafos notes that some explained that these were buildings used for idol worship, and that the correct text of the Gemara should be tartachiyos, which means houses of shame. Tosafos, however, rejects this interpretation, explaining that it is prohibited to study Torah in houses used for idol worship. He explains that the word teratiyos to mean theaters, places that the Roman people gathered for social, but not idolatrous, purposes. This Tosafos appears to hold that a building used for idolatry should not be used for kedusha. (Obviously, the Beis Hamikdash is not the same, although Tosafos does not explain why.)

Rav Yaakov Ettlinger, the great German nineteenth-century posek (often called by the title of his magnum opus, the Aruch Laneir, a classical commentary on much of Shas) was also asked a similar question, which is published in his collection of responsa, called Shu’t Binyan Tziyon. Aside from halachic interest, the teshuvah has historical interest, since it is dated 5618 (1858) to a Rav Avraham Asch of New York City, and would be an unusual instance of a pre-civil-war halachic correspondence.

A community requires the acquisition of a building to use as a beis medrash, and they are having difficulty finding an appropriate facility. They have found a building which was originally built as a residence, but was then sold for use as a church. The many years that it was used as a church, the worshippers did not bring any icon inside the building. The building has now been sold, and Rabbi Asch and his congregation would like to purchase this building for their beis medrash/shul.

The Binyan Tziyon notes that, according to the Mizrahi, this is surely permitted. Nevertheless, based on the opinion of Tosafos, the Binyan Tziyon is inclined to prohibit purchasing this building as a shul. However, he rules that if the situation is extenuating, they may use the building for their shul, relying on a combination of several lenient reasons: (1) the opinion of the Mizrahi, (2) the gentiles never brought an icon into the building, and (3) it was not built, originally, to be a church (Shu’t Binyan Tziyon #63).

The Mishnah Berurah writes that the accepted practice is to permit allowing a church building to be converted into a shul, but only when no icon or idol had ever been brought into the building (Biur Halachah s.v. Neiros). If an idol was ever brought into the building, one may not, subsequently, use this building as a shul.

Rav Moshe notes that although the prevalent practice in America was to purchase church properties and renovate them into shullen, he concludes that this is not permitted. However, he does permit this when the building will require a complete renovation, such that its original structure is no longer recognizable. In this instance, he concludes that the newly renovated building has no stigma.

Conclusion

Our belief in Hashem is the most basic of mitzvos. Praiseworthy is he who stays far from idols and their modern substitutes and directs his heart only to Hashem.

*Although this was an actual question, the name has been changed.

 

Where Does My Shemoneh Esrei End? Part II

clip_image002_thumb.jpgQuestion #1: A proper ending

“Someone told me that I am not required to say the prayer Elokei, netzor leshoni meira at the end of Shemoneh Esrei. Is this a legitimate practice?”

Question #2: Responding in kind

“If I am reciting the Elokai netzor at the end of Shemoneh Esrei while the chazzan is already beginning the repetition, should I be reciting ‘Amen’ to his brachos?”

Question #3: What do I Say?

“I finished Shemoneh Esrei, said the pasuk Yi’he’yu leratzon, but am still standing in the place and position I assumed for Shemoneh Esrei. What may I answer at this point?”

Question #4: Do I Repeat the Whole Thing?

“I just finished Shemoneh Esrei, but I did not yet back up the three steps, and I realize that I forgot to say Yaaleh Veyavo. What do I do?”

Answer:

In Part I of this discussion, we began discussing the question about inserting special individual supplications into our private Shemoneh Esrei, and we learned that there are several places that one may do so. We also discovered that the prayer that begins with the words Elokai, netzor leshoni meira, “My G-d, protect my tongue from evil,” which we recite at the end of the Shemoneh Esrei, is intended to be a voluntary, personal prayer. Although it has now become a standard part of our daily prayer, it is intended to be an individual entreaty to which one is free to add, delete, or recite other supplications instead.

We also learned in last week’s article that the early authorities dispute whether one should recite the verse that begins with the words Yihyu leratzon (Tehillim 19:15) before one begins reciting one’s personal requests. Some authorities ruled that it is required to do so, some ruled that it is optional and some held that it is preferred not to recite the verse Yihyu leratzon until after one completes one’s supplications.

Most of the questions of our introduction relate to the rules of interrupting the prayer during the recital of these individual supplications. During the recital of the Shemoneh Esrei itself, I am not allowed to interrupt to answer any part of our prayer. Since these supplications, including the prayer Elokai, netzor, are not technically part of the Shemoneh Esrei, am I permitted to respond during their recital? Am I considered to still be reciting Shemoneh Esrei while I am saying these personal requests? And does it make a difference whether I have yet recited the verse Yihyu leratzon, since its recital officially ends the Shemoneh Esrei.

To sum up

In last week’s article, we learned that there is a dispute whether one may answer the responses to Kedushah, Kaddish, and Borchu after having completed the nineteen brachos of Shemoneh Esrei, but before one has said Yi’he’yu leratzon. There are three opinions:

(1) One may not insert anything including any personal supplication before one recites Yi’he’yu leratzon (Raavad and Rashba).

(2) One may insert a personal supplication, but one may not answer Kaddish or Kedushah (Rabbeinu Yonah, as understood by Divrei Chamudos and Pri Chodosh).

(3) One may even answer Kaddish or Kedushah (Rabbeinu Yonah, as understood by Rama).

How do we rule?

Among the early codifiers we find all three approaches quoted:

(1) The Shulchan Aruch (Orach Chayim 122:1, 2) and the Bach conclude, like the Rashba and Raavad, that one may not insert or recite anything prior to saying Yi’he’yu leratzon.

(2) The Divrei Chamudos rules that one may recite personal supplications before one says Yi’he’yu leratzon, but one may not answer Kedushah or Kaddish.

(3) The Rama permits even answering Kedushah or Kaddish before saying Yi’he’yu leratzon. This is the approach that the Mishnah Berurah (122:6) considers to be the primary one and it is also the way the Kitzur Shulchan Aruch (18:15) rules. The Rama mentions that some communities had the custom of not reciting Yi’he’yu leratzon until after they completed saying Elokai Netzor and whatever other personal supplications the individual chose to recite.

After saying Yi’he’yu leratzon

Thus far, we have discussed what one should do prior to reciting the verse Yi’he’yu leratzon. Now we will begin discussing the laws that are effective after one recites this verse.

All authorities agree that once a person has recited the verse Yi’he’yu leratzon, he may add personal prayers to the extent that he wishes. Many authorities hold that it is preferable not to recite supplications when, as a result, one will be required to respond to Kedushah or Kaddish while (Rashba and Shulchan Aruch, as explained by Maamar Mordechai).

Amen during Elokai Netzor

At this point, we will address one of the other questions asked in our introduction:

“If I am reciting the Elokai Netzor at the end of Shemoneh Esrei while the chazzan is already beginning the repetition, should I be reciting ‘Amen’ to his brachos?”

If this person was following the custom mentioned by the Rama and had as yet not recited Yi’he’yu leratzon, then he may not respond “amen” to someone else’s bracha. Even if he has recited Yi’he’yu leratzon, it is unclear whether he may respond “amen” to brachos, as I will explain.

First, an introduction: In general, the different parts of the davening have varying status regarding which responses are permitted. For example, it is prohibited to interrupt in the middle of the Shemoneh Esrei, even to respond to Kaddish or Kedushah. On the other hand, the birchos kri’as shma, the blessings recited before and after we say the Shma, have less sanctity than does the Shemoneh Esrei. Therefore, according to accepted psak halacha, someone in the middle of reciting birchos kri’as shma may respond to Borchu, and to some of the responses of Kaddish and Kedushah. Specifically, he may answer amen, yehei shemei rabba… and the amen of da’amiran be’alma in Kaddish, and may answer Kodosh, kodosh, kodosh… and Baruch kevod Hashem mimkomo during Kedushah. In addition, he may answer amen to the brachos of Hakeil hakodosh and Shomei’a tefillah. He may not answer “amen” to any other bracha, to the other responses of Kaddish, or say Yimloch to Kedushah. (We should note that the above reflects the opinion of many rishonim and is the conclusion of the Shulchan Aruch, but it is not universally held.

The question at hand is: What is the status of davening after one has recited Yi’he’yu leratzon? May one answer Kedushah or say “amen” at this point? There are no allusions in Chazal to direct us what to do, but in a passage of Gemara discussing a different issue there is a oblique hint that may impact on this topic:

“If he erred and did not mention Rosh Chodesh [i.e., he neglected to say the passage of Yaaleh Veyavo, or neglected mention of Rosh Chodesh while reciting Yaaleh Veyavo] while reciting Avodah [i.e., the bracha of Shemoneh Esrei that begins with the word Retzei], then he returns to the bracha of Avodah. If he remembers during Hodaah [i.e., the bracha that begins with the word Modim], then he returns to the bracha of Avodah. If he remembers during Sim Shalom, then he returns to the bracha of Avodah. If he completed Sim Shalom [i.e., recited the closing bracha], then he returns to the beginning [of the Shemoneh Esrei]. Rav Papa, the son of Rav Acha bar Ada, explained that when it said, ‘If he completed, then he returns to the beginning [of the Shemoneh Esrei]’ it means that he uprooted his feet [i.e., he began to take three paces back, as we do prior to reciting Oseh Shalom]; but if he did not ‘uproot his feet’, he returns [only] to Avodah” (Brachos 29b).

The Gemara teaches that someone who forgot to say Yaaleh Veyavo at the appropriate place in Shemoneh Esrei must return to the words Retzei in order to say Yaaleh Veyavo. However, if he completed reciting the Shemoneh Esrei, then he repeats the entire Shemoneh Esrei. What is the definition of “completing the Shemoneh Esrei?

The Gemara presents three rules:

(1) If he took three paces back, he has completed the Shemoneh Esrei, and must start over again from the beginning.

(2) If he finished Shemoneh Esrei and whatever supplication he recites, then he must start over again from the beginning.

(3) If he is still reciting his supplications, he goes back only to Retzei (Brachos 29b).

We see from this Gemara that reciting the supplications at the end of davening is still considered to be part of the prayer. Does this mean that it has the same rules as being in the middle of the Shemoneh Esrei itself as far as interrupting his davening is concerned?

The rishonim discuss this issue. The Rashba (Shu”t Harashba 1:807; 7:405) rules that once one said Yi’he’yu leratzon, the laws of hefsek follow the rules of someone who is in the middle of reciting the birchos kri’as shma. Therefore, he may answer amen, yehei shemei rabba… and amen to da’amiran be’alma in Kaddish, and may answer Kodosh, kodosh, kodosh… and Baruch kevod Hashem mimkomo during Kedushah. In addition, he may answer amen to the brachos of Hakeil Hakodosh and Shomei’a Tefillah.

Answering Amen

May one answer “amen” to any other bracha once one has recited the verse Yi’he’yu leratzon? The Taz (Orach Chayim 122:1) notes what appears to be an inconsistency in the position of the Shulchan Aruch on this matter. To resolve this concern, he explains that there is a difference between someone who usually recites supplications after completing his Shemoneh Esrei, who should not recite amen, and someone who does so only occasionally, who should. Someone who recites supplications only occasionally may interrupt to answer amen once he says Yi’he’yu leratzon, since for him reciting Yi’he’yu leratzon is usually the end of his formal prayer.

However, this ruling would probably not affect us. Since today it is common practice to include Elokai Netzor or other supplications at the end of our daily tefillos, we would be considered still in Shemoneh Esrei, and as a result, we will not be permitted to respond “amen” at this point (Mishnah Berurah 122:1). However, other authorities rule that once one has said Yi’he’yu leratzon, one may even answer “amen” to all brachos (Aruch Hashulchan; Kitzur Shulchan Aruch).

After completing his supplications

Once someone has completed reciting his supplications and recited Yi’he’yu leratzon, he is considered to have finished davening completely, and he may now answer any responses that one should usually recite, including even to answer Boruch Hu uvaruch Shemo when hearing a bracha (Maamar Mordechai; Mishnah Berurah). This is true, even though he has as yet not backed up the three steps.

Conclusion

Rav Hirsch, in his commentary to the story of Kayin and Hevel in Parshas Bereishis (4:3), makes the following observation: “Two people can bring identical offerings and recite the same prayers and yet appear unequal in the eyes of G-d. This is made clear in connection with the offerings of these brothers. Scripture does not say: “G-d turned to the offering by Hevel, but to the offering by Kayin He did not turn.” Rather, it says: “G-d turned to Hevel and his offering, but to Kayin and his offering He did not turn.” The difference lay in the personalities of the offerers, not in their offerings. Kayin was unacceptable, hence his offering was unacceptable. Hevel, on the other hand, was pleasing, hence his offering was pleasing.”

The same is true regarding prayer: the Shemoneh Esrei itself, the Netzor leshoni addition, and the personal supplications that different people recite may appear identical in words, but they are recited with emotion, devotion and commitment. Tefillah should be with total devotion in order to improve ourselves, to enable us to fulfill our role in Hashem’s world.

 

Where Does My Shemoneh Esrei End? Part I

clip_image002_thumb.jpgQuestion #1: Slow on the draw

“The other day, I was finishing Shemoneh Esrei as the chazzan began Kedushah, but I had not yet recited the sentence beginning with the words Yi’he’yu Leratzon when the tzibur was already reciting Kodosh, kodosh, kodosh. Should I have answered Kedushah without having first said Yi’he’yu Leratzon?”

Question #2: A proper ending

“Someone told me that I am not required to say the prayer Elokei Netzor at the end of Shemoneh Esrei. Is this a legitimate practice? Why don’t the siddurim say this?”

Question #3: Responding in kind

“If I am reciting the Elokai Netzor at the end of Shemoneh Esrei while the chazzan is already beginning the repetition, should I be reciting ‘Amen’ to his brachos?”

Question #4: What do I Say?

“I finished Shemoneh Esrei, said the pasuk Yi’he’yu Leratzon, but am still standing in the place and position I assumed for Shemoneh Esrei. What may I answer at this point?”

Question #5: Do I Repeat the Whole Thing?

“I just finished Shemoneh Esrei but did not yet back up the three steps, and I realized that I forgot to say Yaaleh Veyavo. What do I do?”

Answer: Historical introduction

The Anshei Keneses Hagedolah, called in English The Men of the Great Assembly, were 120 great leaders of the Jewish people at the beginning of the Second Beis Hamikdash period and included such luminaries as Ezra, Mordechai, Daniel, and the last of the prophets, Chaggai, Zecharya and Malachi. To help us fulfill our daily obligation of praying, they authored the “amidah,” our main prayer. Since this prayer consisted, originally, of eighteen blessings we call it the “Shemoneh Esrei,”  a name which we also use when referring to the prayers of Shabbos, Yom Tov, and Rosh Chodesh Musaf, even though those tefillos are always only seven brachos (with the exception of Musaf of Rosh Hashanah, which is nine.) A nineteenth brocha, that begins with the word Velamalshinim (or, in the Edot Hamizrah version, Velaminim), was added later when the main Torah center was located in Yavneh after the destruction of the Beis Hamikdash, about 400 years after the original Shemoneh Esrei had been written (Brachos 28b).

Standardized versus subjective prayer

Tefillah includes both standardized and individualized prayers. This article will discuss both types of prayer.

People often ask why our prayers are so highly structured, rather than having each individual create his own prayer. This question is raised already by the early commentators, and there are a variety of excellent answers. One of the answers is that it is far more meaningful to pray using a text that was written by prophets and great Torah scholars. The Anshei Keneses Hagedolah, who authored the Shemoneh Esrei, included among its membership some of the greatest spiritual leaders of all history and also the last prophets of the Jewish people. An additional reason is that many, if not most, individuals have difficulty in structuring prayer properly, and therefore the Shemoneh Esrei facilitates the individual’s fulfilling the Torah’s mitzvah of prayer by providing him with a beautifully structured prayer (Rambam, Hilchos Tefillah 1:4).

Furthermore, our prayers are structured because of concern that when someone creates his own prayer he may request something that is harmful to a different individual or community, something that we do not want in our prayer (Kuzari 3:19). For example, someone might request that he receive a particular employment opportunity, but that prayer is harmful to another person. The Shemoneh Esrei is written in a way that it protects and beseeches on behalf of the entire Jewish community. We thereby link ourselves to the Jewish past, present and future each time we pray.

In addition, the halachos and etiquette of prayer require that one not supplicate without first praising Hashem, and that the prayer conclude with acknowledgement and thanks. When Moshe Rabbeinu begged Hashem to allow him to enter the Chosen Land, he introduced his entreaty with praise of Hashem. From this we derive that all prayer must be introduced with praise. We also learn that, after one makes his requests, he should close his prayer with thanks to Hashem. All these aspects of prayer are incorporated into the Shemoneh Esrei and may be forgotten by someone composing his own prayer.

When may I entreat?

There are several places in the organized prayer where one may include personal entreaties, such as during the brocha that begins with the words Shema koleinu (Rambam, Hilchos Tefillah 1:9). In addition to these different places in the Shemoneh Esrei, after one has completed Hamevarech es amo Yisroel bashalom, which is basically the end of Shemoneh Esrei, is an ideal place to add one’s own personal prayer requests. The Gemara (Brachos 16b-17a) lists many tefillos that different tanna’im and amoraim added in this place on a regular basis. Several of these prayers have been incorporated into different places in our davening – for example, the yehi ratzon prayer recited by Ashkenazim as the beginning of Rosh Chodesh bensching was originally the prayer that the amora Rav recited at the conclusion of his daily prayer.

Two of the prayers quoted in the Gemara Brachos form the basis of the prayer that begins with the words Elokai, netzor leshoni meira, “My G-d, protect my tongue from evil,” which has now become a standard part of our daily prayer. This prayer, customarily recited after Hamevarech es amo Yisrael bashalom and before taking three steps back to end the prayer, was not introduced by the Anshei Keneses Hagedolah, and, indeed, is not even halachically required. This prayer contains voluntary, personal entreaties that became standard practice. One is free to add to them, delete them, or recite other supplications instead.

The questions quoted as the introduction to our article relate to the laws that apply to the end of our daily prayer, the Shemoneh Esrei. Chazal established rules governing when we are permitted to interrupt different parts of our davening and for what purposes. Thus, there is discussion in the Mishnah and the Gemara concerning what comprises a legitimate reason to interrupt while reciting the blessings that surround the Shema or during Hallel. However, the status and laws germane to interrupting the supplications one recites at the end of the Shemoneh Esrei are not mentioned explicitly in the Mishnah or the Gemara. Rather, there is ample discussion germane to this issue among the rishonim and the later authorities. This article will provide background information that explains which rules are applied here, when they are applied and why.

Introducing and concluding our prayer

The Gemara (Brachos 4b and 9b) teaches that the Shemoneh Esrei must be introduced by quoting the following verse, Hashem, sefasei tiftach ufi yagid tehilasecha, “G-d, open my lips so that my mouth can recite Your praise” (Tehillim 51:17). The Shemoneh Esrei should be concluded with the verse Yi’he’yu leratzon imfrei fi vehegyon libi lifanecha, Hashem tzuri vego’ali, “The words of my mouth and the thoughts of my heart should be acceptable before You, G-d, Who is my Rock and my Redeemer” (Tehillim 19:15). These two verses are considered an extension of the Shemoneh Esrei (tefillah arichta), a status that affects several halachos, some of which we will soon see.

Before or after Yi’he’yu Leratzon?

The first question we need to discuss is whether personal supplications recited after the completion of the Shemoneh Esrei should be included before one recites Yi’he’yu Leratzon or afterwards. When the Gemara rules that one should recite Yi’he’yu Leratzon after completing the Shemoneh Esrei, does this mean that one should recite this sentence before one recites personal requests?

This matter is debated by the rishonim. The Raavad prohibits uttering anything between the closing of the brocha, Hamevarech es amo Yisroel bashalom, and the recital of the verse Yi’he’yu Leratzon. In his opinion, reciting any supplication or praise at this point is a violation of the Gemara’s ruling, which implies that one must recite Yi’he’yu Leratzon immediately after completing the 19 brachos of the Shemoneh Esrei. This approach is quoted and accepted by the Rashba (Brachos 17a).

On the other hand, Rabbeinu Yonah (page 20a of the Rif, Brachos) notes that even in the middle of the Shemoneh Esrei one may insert personal supplications – therefore, inserting personal requests before Yi’he’yu Leratzon is also not a hefsek, an unacceptable interruption.

Yet a third opinion, that of the Vilna Gaon, is that it is preferable to recite supplications before reciting Yi’he’yu Leratzon.

What about Kedushah?

The later authorities discuss the following issue: According to the conclusion of Rabbeinu Yonah, who permits reciting personal supplications before one has recited Yi’he’yu Leratzon, may one also answer the responses to Kedushah, Kaddish, and Borchu before one has said this verse?

The Rama (Orach Chayim 122:1) rules that since one may insert personal requests before Yi’he’yu Leratzon, one may also answer Kedushah or Kaddish. Many disagree with the Rama concerning this point, contending that although inserting a prayer prior to reciting Yi’he’yu Leratzon does not constitute a hefsek, one may not insert praise at this point (Divrei Chamudos, Brachos 1:54; Pri Chodosh, Orach Chayim 122:1). Their position is that one may insert entreaties at many places in the Shemoneh Esrei, but adding anything else that is unauthorized, even praise, constitutes a hefsek. It is for this reason that someone in the middle of the Shemoneh Esrei may not answer Kedushah or the other important congregational responses.

The straightforward reading of the Tur agrees with the Rama’s understanding of the topic (Maamar Mordechai; Aruch Hashulchan 122:6; although we should note that the Bach did not understand the Tur this way.)

To sum up

Thus far, I have mentioned three approaches regarding what one may recite after having completed Hamevarech es amo Yisrael bashalom, but before one has said Yi’he’yu Leratzon.

(1) One may not insert anything (Raavad and Rashba).

(2) One may insert a personal supplication, but one may not answer Kaddish or Kedushah (Rabbeinu Yonah, as understood by Divrei Chamudos and Pri Chodosh).

(3) One may even answer Kaddish or Kedushah (Rabbeinu Yonah, as understood by Rama).

How do we rule?

Among the early codifiers we find all three approaches quoted:

(1) The Shulchan Aruch (Orach Chayim 122:1, 2) and the Bach conclude, like the Rashba and Raavad, that one may not insert or recite anything prior to saying Yi’he’yu Leratzon.

(2) The Divrei Chamudos rules that one may recite personal supplications before one says Yi’he’yu Leratzon, but one may not answer Kedushah or Kaddish.

(3) The Rama permits even answering Kedushah or Kaddish before saying Yi’he’yu Leratzon. This is the approach that the Mishnah Berurah (122:2) considers to be the primary one and it is also the way the Kitzur Shulchan Aruch (18:15) rules.

The Rama mentions that some communities had the custom of not reciting Yi’he’yu Leratzon until after they completed saying Elokai Netzor and whatever other personal supplications the individual chose to recite. Notwithstanding this custom, many authorities suggest reciting Yi’he’yu Leratzon immediately after completing the words Hamevarech es amo Yisrael bashalom, since this procedure allows someone to answer Kedushah according to all opinions and avoids any halachic controversy (Divrei Chamudos; Magen Avraham). However, according to the opinion of the Gra, mentioned above, this is not the preferable way to add one’s personal supplications to the tefillah.

At this point, we can address the first question asked above:

“The other day, I was finishing Shemoneh Esrei as the chazzan began Kedushah, but I had not yet recited the sentence beginning the words Yi’he’yu Leratzon when the tzibur was already reciting Kodosh, kodosh, kodosh. Should I have answered Kedushah without having first said Yi’he’yu Leratzon?”

Most Ashkenazic authorities conclude that one who has not yet recited Yi’he’yu Leratzon may answer the first two responses of Kedushah, that is, Kodosh. kodosh, kodosh and Baruch kevod Hashem mimkomo. Sefardic authorities, who follow the ruling of the Rashba and the Shulchan Aruch, prohibit responding before saying Yi’he’yu Leratzon.

Notwithstanding that most Ashkenazic authorities conclude that one may answer the first two responses of Kedushah before one has said Yi’he’yu Leratzon, they still prefer that one recite Yi’he’yu Leratzon immediately after closing the brocha Hamevarech es amo Yisrael bashalom. Nevertheless, this last issue is still disputed, since the Gra rules that one should delay reciting Yi’he’yu Leratzon until one finishes one’s supplications. In other words, whatever one chooses to do, he will be right with the Jews.

For Part II of this article, click here.

 

Starting Shabbos Early

sunsetQuestion #1: Asking for help

“If I accepted Shabbos early, may I ask my neighbor, who is beginning Shabbos at the regular time, to turn on a light?”

Question #2: Very early Shabbos

“How early can I begin Shabbos?”

Question #3: 18 versus 20

“Some communities schedule candle lighting 18 minutes before sunset on Friday, whereas others schedule it 20 minutes before sunset. Is there a halachic reason for the difference?”

Question #4: Some like it late

“If all the shullen in my neighborhood make Shabbos early, am I obligated to do so?”

Answer:

All the questions above involve a mitzvah called tosefes Shabbos, the halachic requirement to begin observing Shabbos before the day has yet arrived and, also, to continue observing Shabbos for some time after the day is over on Saturday night. The early authorities discuss whether tosefes Shabbos requires one to begin Shabbos a specific amount before the set hour, or whether it is left to the individual’s discretion to decide how much extra time one treats as Shabbos (Tosafos, Beitzah 30a s.v. Deha; cf. Toras Ha’adam page 252).

Why eighteen minutes?

There are different customs regulating how many minutes before sunset one should kindle the Shabbos lights. Most places today establish the official time as at least eighteen minutes before sunset. The reason for this is because there are opinions that Shabbos begins between 13½ and 18 minutes before sunset (Sefer Yere’im; see Mishnah Berurah 261:23 and Shaar Hatziyun ad locum). This approach is based on a method of understanding the Talmudic passages regarding the scientific phenomena that define the end of the day. Kindling Shabbos lights at least eighteen minutes before sunset accomplishes three things.

  1. It prevents one from doing melachah, even according to the opinion of the Sefer Yere’im.
  2. It guarantees that one fulfills the mitzvah of tosefes Shabbos.
  3. It provides time to prepare for the arrival of the sanctity of Shabbos.

18 versus 20

At this point, we can already address one of our opening questions:

“Some communities schedule candle lighting 18 minutes before sunset on Friday, whereas others schedule it 20 minutes before sunset. Is there a halachic reason for the difference?”

In order to fully accommodate the Yere’im’s opinion, some authorities contend that one should kindle the Shabbos lights before eighteen minutes prior to sunset, so that there is tosefes Shabbos, even according to those who understand that he held that Shabbos enters eighteen minutes before sunset (Mishnah Berurah 261:23 and Shaar Hatizyun). This is why many communities schedule candle lighting twenty minutes before sunset — the extra two minutes fulfill the mitzvah of tosefes Shabbos, even according to the most stringent position. Those who schedule candle-lighting for exactly eighteen minutes accept that this fulfills the vast majority of halachic opinions and all the major accepted approaches.

How does someone accept Shabbos?

Women usually accept Shabbos when they kindle the Shabbos candles. There is a difference between Ashkenazic and Sefardic practice as to how this is done. Ashkenazim assume that a woman accepts Shabbos when she recites the blessing on the kindling. Therefore, an Ashkenazic woman kindles her Shabbos lights before she recites the blessing, since, once she recites the blessings, she has accepted Shabbos and cannot light the candles or lamps. To accomplish having the brocha recited before the mitzvah, the Rema (Orach Chayim 263:5) advises that she block the light from herself with her hand. The common practice is that she covers her eyes with her hands while reciting the brocha and upon completing the brocha removes her hands, so that she can see and benefit from the kindled Shabbos lights.

Sefardic women recite the brocha of lehadlik neir shel Shabbos and then kindle the lights. They assume that she accepts Shabbos when she completes kindling the lights. Therefore, many have the practice that she does not extinguish the match with which she kindles the Shabbos lights, but instead places the match down so that it goes out by itself (see Shulchan Aruch, Orach Chayim 263:10).

Both Sefardic and Ashkenazic women should recite the minchah prayers before lighting the candles, since once one has accepted Shabbos, one can no longer daven the weekday Friday minchah. However, if the day is drawing to a close and the candles still stand unkindled, one should kindle the Shabbos lights, even though, as a result, one will be unable to daven minchah (Mishnah Berurah 263:43). If this happens, a woman should daven maariv that night, and, immediately upon backing up the steps to complete “shemoneh esrei,” she should wait a few seconds, and then step forward to recite the same shemoneh esrei a second time (ibid.). This second prayer is a tefilas tashlumim, a make-up prayer, to replace the minchah that was missed (Brachos 26a). Reciting the Shabbos maariv amidah prayer a second time qualifies as restitution for the missing tefillah, notwithstanding that it is very different from the unrecited weekday minchah.

Conditional lighting

Should a woman not want to accept Shabbos upon kindling her lights, many authorities permit her to postpone accepting Shabbos until later (see Shulchan Aruch, Orach Chayim 263:10). This stipulation should be performed only under extenuating circumstances (Magen Avraham 263:20). After making this condition, she may kindle her lights and, sometime before sunset, she must stop doing melachah and accept Shabbos.

Several authorities rule that, should someone decide not to accept Shabbos when kindling early, someone else in the household must accept Shabbos at that time. According to one opinion, if no one accepts Shabbos when she kindles, then the brocha recited upon kindling the lights is recited in vain, a brocha levatalah (Graz 263:11; however, see Mishnah Berurah 263:20 and Rema 263:10). However, if she herself will be accepting Shabbos within eight to ten minutes of her kindling, it is not necessary for someone else to accept Shabbos immediately after she kindles the lights (Shu’t Tzitz Eliezer 11:21).

Example:

For example, a family will be eating the Friday night meal at someone else’s house, and it is difficult for the lady of the house to walk both ways. She may decide that she is not accepting Shabbos when she kindles the lights and then travel by automobile (obviously before Shabbos) to the home where they are eating the seudah.

How do men accept Shabbos?

Even when men kindle Shabbos lights, they usually do not accept Shabbos at that time, but during the davening. The Shulchan Aruch (Orach Chayim 261:4) rules that reciting Borchu or Mizmor shir leyom haShabbos qualifies as accepting Shabbos. The Magen Avraham (ad locum) disagrees with the latter ruling, contending that people routinely do melachah after reciting Mizmor shir leyom haShabbos. This means that people do not consider reciting it to be a declaration that one is accepting Shabbos. The later authorities explain that, in the time of the Magen Avraham, people made an implied condition not to accept Shabbos when they said Mizmor shir leyom haShabbos, and that was why they continued to do melachah after reciting it. However, in the time of the later acharonim, such as the Pri Megadim, people accepted Shabbos upon reciting Mizmor shir and refrained from doing melachah from that point. Other authorities ruled that completing the song of Lecha Dodi, which closes with a welcoming of the Shabbos Queen, constitutes accepting Shabbos, and that, therefore, one is prohibited from doing melachah from then (Mishnah Berurah 261:31 quoting Derech Chachmah).

The early bird catches

How early may someone accept Shabbos and kindle lights? This question is already mentioned by the Gemara (Shabbos 23b) in the following passage:

Rav Yosef’s wife would delay lighting Shabbos lights until it was almost Shabbos. Rav Yosef admonished her, pointing out that in the Desert, the pillar of light that came at night arrived before the day ended. Thus, it is appropriate that the light for night should be kindled while it is still daytime.

Taking the admonition seriously, in a later week Rav Yosef’s rebbitzen decided to kindle the lights very early. An old man, possibly an incarnate of Eliyahu Hanavi (see Tosafos, Chullin 6a s.v. Ashkechei), told her that kindling too early is also not halachically correct (Shabbos 23b).

The Ran notes that the Gemara’s anecdote requires explanation. How close to Shabbos could Rebbitzen Yosef have been lighting that her husband felt it appropriate to correct her? She certainly did not kindle the lights at a time when it was questionably Shabbos, and, certainly, she also observed tosefes Shabbos correctly. If so, she was kindling at the correct time, so why was Rav Yosef admonishing her?

The Ran explains that Rebbitzen Yosef opined that kindling the lights is meant to sserve Shabbos and, as such, should be conducted as close to Shabbos as possible. In other words, although one should not perform any melachah during tosefes Shabbos, she mistakenly thought that kindling the Shabbos lights is an exception that could and should be done immediately before Shabbos. Rav Yosef corrected her, pointing out that tosefes Shabbos applies also to kindling the Shabbos lights.

Having accepted Rav Yosef’s admonition, she now felt that she should make sure to kindle her Shabbos lights before she finished her other last minute Shabbos preparations. This was also not correct – the kindling should be the last melachah activity performed before one accepts Shabbos.

How early is too early?

Some of the rishonim rule that one can kindle as early as plag haminchah, provided that, when doing so, one accepts upon himself the sanctity of Shabbos (Tur, Orach Chayim 267; Rabbeinu Yerucham, Tolados Adam Vechavah 12:2). Accepting Shabbos after kindling early is necessary in order to demonstrate that the kindling is for Shabbos. This is the ruling accepted by the Shulchan Aruch (Orach Chayim 263:4) and later authorities.

When is plag haminchah? Plag haminchah is the earliest time of day that one may daven maariv. It is definitely before sunset — the Gemara explains that plag haminchah is 43/48 of the day. This means that if one divides the daylight part of the day into 48 quarter-hours, counting back 5 of these quarter-hours from the end of the day is plag haminchah.

When does the day begin and end?

There is a major dispute among authorities whether these hours are calculated from alos hashachar, halachic dawn, which is halachically the beginning of the day, to tzeis hakochavim, when the stars appear, or whether they are calculated from sunrise to sunset. Accepted contemporary practice follows the opinion that plag haminchah is measured from sunrise to sunset, which makes plag haminchah in the summer about 1½ hours before sunset (Levush, Orach Chayim 267; Gra, to Orach Chayim 459:2; Aruch Hashulchan, Orach Chayim 261:10).

Why no kindling earlier?

Why is it prohibited to kindle the Shabbos lights before plag?

Rashi (Shabbos 23b) explains that if one kindles the lights too early, it is not noticeable that one is kindling the lights for Shabbos. This implies that the reason one cannot light Shabbos lights this early has nothing to do with accepting Shabbos early – one can accept Shabbos as early as one wants. The problem is that one who kindles Shabbos lights this early does not properly fulfill his mitzvah of kindling lights in honor of Shabbos. Thus, the Aruch Hashulchan (263:19) assumes that although one may not kindle Shabbos lights earlier than plag haminchah, someone who accepted Shabbos earlier is required to begin observing Shabbos.

However, other early authorities (Tur, Orach Chayim 267) imply that it is impossible to accept tosefes Shabbos earlier than plag haminchah, and this is the approach accepted by the Magen Avraham (261:10) and the Mishnah Berurah (261:25). In their opinion, if someone accepted Shabbos upon himself before plag haminchah, it has no effect.

An earlier authority seems to agree fully with the position of the Aruch Hashulchan. The Terumas Hadeshen, who lived in 14th century Austria, records the following question:

“In most communities, they daven maariv in the long summer days three or four hours before the stars appear. Is there any halachic basis for this practice, particularly since many talmidei chachamim follow it?”

The Terumas Hadeshen then endeavors to explain why communities davened maariv this early, suggesting that people could not wait until it got dark to eat the Shabbos meals. One way to avoid this would be to eat a meal before minchah, but this practice was not followed out of concern that people would make this into their Shabbos meal and not attend shul later. The Terumas Hadeshen notes that, precisely for this reason, many halachic authorities prohibit eating even a small meal before one has davened minchah, even if one eats the meal very early in the afternoon (after minchah gedolah). Because people found it difficult to eat so late on Friday evening, the custom developed of davening the Friday night Shabbos prayers very early. He then quotes a few authorities who held that this may not be done, but they did not stop the practice. He then recounts a story of a city, whose rav was one of the gedolei Yisrael, where they davened so early that, after davening and the seudah, there was ample time for the entire community to go for a walk on the bank of the local river, the Danube, by daylight and return home before dark! Although he does not provide a halachic basis to permit davening this early, nevertheless, he concludes that a talmid chacham may join the tzibur and daven with them, if he is unable to influence them to daven later.

There are some other curious questions about this practice of davening very early that the Terumas Hadeshen does not address:

How could they accept Shabbos before plag haminchah?

How could they kindle Shabbos lights before plag?

It seems that the Terumas Hadeshen held that, since they were accepting Shabbos immediately after kindling the lights, there is no problem with kindling the Shabbos lights early, or with accepting Shabbos this early.

Asking for help

At this point, we can address another of our opening questions: “If I accepted Shabbos early, may I ask my neighbor, who is beginning Shabbos at the regular time, to turn on a light?”

The Rashba (Shabbos 151a) rules that someone who already accepted Shabbos may ask someone who did not yet accept Shabbos to do melachah. Accepting Shabbos early does not forbid me from asking someone else to do work (Magen Avraham 263:30). The Magen Avraham (261:7) rules that if the entire community accepted Shabbos, one may no longer ask another Jew to do work for him, but he may ask a gentile to do work (see also Rema, Orach Chayim 261:1).

Some like it late

We are now ready to discuss the next question: “If all the shullen in my neighborhood make Shabbos early, am I obligated to do so?”

Some rishonim rule that once a community began davening maariv Friday night, all individuals in that community are obligated to observe Shabbos (Mordechai, Shabbos #298, quoting Rivam). This approach is followed by the Shulchan Aruch as normative halachah (Orach Chayim 263:12); however, the ruling is true only if every shul in the community has already accepted Shabbos, or if every shul that this person usually attends has already accepted Shabbos (Shu’t Igros Moshe, Orach Chayim 3:38). Some authorities suggest that if everyone is accepting Shabbos early only because it is convenient, but not because they want to be more machmir, an individual may not be bound to accept Shabbos when they do (Shu’t Igros Moshe, Orach Chayim 3:38).

Early hubby

If a husband davens at an early minyan, must his wife began observing Shabbos as soon as he does, or can she wait until he returns home from shul?

Rav Moshe Feinstein rules that the fact that a husband was mekabeil Shabbos does not require his wife to do so, just as his making a personal vow or oath is not binding on her (Shu’t Igros Moshe, Orach Chayim 3:38; cf. Shu’t Shevet Halevi 7:35, who disagrees). He discusses, at length, whether it is permitted for her to do melachah activities for her husband after he was mekabeil Shabbos, and concludes that it is proper that she does not.

Conclusion

Rav Samson Raphael Hirsch (Shemos 20:10) notes that people mistakenly think that work is prohibited on Shabbos in order to provide a day of rest. This is incorrect, he points out, because the Torah does not prohibit doing avodah, which connotes hard work, but melachah, which implies work with purpose and accomplishment. On Shabbos, we refrain from altering the world with our own creative acts and, instead, emphasize Hashem’s role (Shemos 20:11). We thereby acknowledge the true Builder and Creator of the world and all that it contains.

 

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