How Is Our Maariv Structured?

Question #1: “Why is maariv structured differently from shacharis? In the morning, we start Shmoneh Esrei immediately after Ga’al Yisroel, whereas maariv includes two additional brochos.”

Question #2: “Why do we recite a kaddish immediately before Shmoneh Esrei in maariv, but not in shacharis?”

Answer:

The Gemara (Brochos 26b) teaches that Avraham Avinu initiated the daily morning prayer of shacharis, Yitzchak established mincha and Yaakov instituted maariv. The source that Yaakov introduced maariv is in the second verse of this week’s parshah, where it says vayifga bamakom, which is interpreted as meaning he prayed in that place. This provides ample opportunity to discuss the structure and laws of our maariv prayers.

What we call “maariv” actually fulfills four different mitzvos. The Gemara quoted above refers to only one of these mitzvos: tefillah, the prayers we recite as Shmoneh Esrei. The other three mitzvos are: reading shma (kri’as shma), required min hatorah every morning and night; remembering yetzi’as mitzrayim, the Exodus from Egypt; and birchos kri’as shma, reciting the blessings that Chazal instituted to surround the shma with brochos (Mishnah, Brochos 11a). These brochos, together with the shma, constitute the part of the davening between borchu and the Shmoneh Esrei.

In the morning, the birchos kri’as shma consist of two brochos prior to shma and one afterward. Birchos kri’as shma at night consist of four brochos, two before shma and two afterward. (The various places that we pause for the chazzan in the middle of these brochos do not indicate new brochos.) On weekdays, Ashkenazim in chutz la’aretz add another brochah at the end of maariv that begins with the words Baruch Hashem le’olam. This brochah consists of a selection of pesukim which mention Hashem’s name at least eighteen times, corresponding to the eighteen brochos of the original Shmoneh Esrei, followed by a brochah. The chazzan then recites a half-kaddish, after which everyone begins the Shmoneh Esrei.

The Avos did not establish the Shmoneh Esrei itself, but rather the concept that one should daven three times a day. The original text of eighteen brochos, from which the term Shmoneh Esrei was derived, was created by the Anshei Keneses Hagedolah. What we call the Shmoneh Esrei includes an additional brochah, Velamalshinim, which was added later and is a topic for a different time.

Order of maariv

This above order reflects how we daven maariv today. However, at the time of the Gemara, there was a dispute concerning when one should recite the kri’as shma and its brochos – before or after the Shmoneh Esrei. Rabbi Yehoshua ben Levi contended that the Shmoneh Esrei of maariv should be recited first, and only then should one recite kri’as shma and its brochos. Our structure follows Rabbi Yochanan, who ruled that since the blessings surrounding the kri’as shma include one that closes with the words Ga’al Yisroel –  He Who redeemed Israel, this should be recited before Shmoneh Esrei. This is because of the concept of masmich geulah latefillah, meaning that one should mention the redemption immediately prior to beginning prayer (Brochos 4b). To quote the Gemara: “Rabbi Yochanan said: ‘Who will merit the World to Come? One who recites the brochah of the redemption immediately before he recites the prayer in the evening.’ Rabbi Yehoshua ben Levi says, ‘The prayers are in the middle’” (Brochos 4b).

Rabbi Yehoshua ben Levi contends that one recites the blessings after the Shmoneh Esrei because the redemption from Egypt did not take place at night. Although Hashem smote the Egyptian firstborn at night, since the full redemption, that is, leaving Egypt, did not occur until the following morning, there is no compelling reason to mention the redemption prior to the evening prayer. In addition, Rabbi Yehoshua ben Levi notes that since the Torah states that one should recite kri’as shma when one goes to bed in the evening and when one rises in the morning, these two recitals should not have tefillah between them. Rabbi Yochanan contends, however, that although the Bnei Yisroel did not leave until morning, we consider the redemption to have begun at night. Therefore, even at night, the geulah should be mentioned before the prayer.

How do we rule?

Although in this instance we follow the decision of Rabbi Yochanan, this is very unusual, since we usually rule according to Rabbi Yehoshua ben Levi when he disagrees with Rabbi Yochanan (Tosafos, Nedarim 45a and Chullin 97a; Ramban, Eruvin 46a). Yet, in this instance, virtually all halachic authorities rule according to Rabbi Yochanan (Rif; Rambam, Hilchos Tefillah 7:18; Rosh; Tur, Orach Chayim Chapters 235 and 236; Shulchan Aruch ad loc. Chapters 235:1 and 236:2. However, cf. the Shiltei Giborim quoting Rav Amram Gaon.) This is because the Gemara cites a beraysa, an earlier source of the tanna’im, which concurs with Rabbi Yochanan (Rif; Tosafos, 4b s.v. Da’amar).

Olam haba

Rabbi Yochanan’s original statement was: “Who will merit the World to Come? One who recites the brochah about the redemption immediately before he recites the prayer in the evening.” The rishonim raise the following inquiry: Does such a seemingly small act alone guarantee olam haba?

Rabbeinu Yonah provides two approaches to explain this curious statement: Hashem took us out of Egypt in order that we become His servants. One who recites the brochah of Ga’al Yisroel thereby acknowledges the tremendous kindness that Hashem performed. If an individual follows this immediately with prayer, he shows that he recognizes that the chesed that Hashem performed requires us to serve Him with total commitment. Prayer demonstrates that we recognize the good that Hashem has done for us, and that we are His servants. Internalizing and actualizing this mindset are what gains a person a place in olam haba.

A second reason is that when the Jewish people saw the miracles of the Exodus, they trusted in Hashem. Reciting the geulah describes the faith that the Jews placed in Hashem, and praying immediately thereafter demonstrates understanding that everything is because of Hashem, and that we should place our total trust in Him. Fearing Hashem and only Hashem results from having this total trust in Him. Thus, with these actions a person internalizes the qualities that will earn him olam haba.

Although the Gemara attributes this idea to Rabbi Yochanan, Rabbi Yehoshua ben Levi agrees that one who proceeds directly from mention of redemption to prayer merits olam haba. He disagrees only as to whether one should strive to accomplish this only with his morning prayers, or if he should do so also with his evening prayers. In the evening, Rabbi Yehoshua ben Levi prefers that one pray first and only afterward recite shma and its attendant brochos (based on Talmidei Rabbeinu Yonah).

Why do we have interruptions?

This discussion leads us to a series of questions: As opposed to the morning prayers, where we recite the closing words Ga’al Yisroel and then immediately begin reciting the Shmoneh Esrei, three additional prayers are recited between the evening brochah Ga’al Yisroel and the Shmoneh Esrei. First, the brochah of Ga’al Yisroel is not the last brochah of the brochos that surround shma – it is followed by a brochah commencing with the word Hashkiveinu. Second, after Hashkiveinu, Ashkenazim in chutz la’aretz add the brochah that begins with the words Baruch Hashem le’olam. Both these brochos are recited between Ga’al Yisroel and the Shmoneh Esrei. If it is so important to recite Shmoneh Esrei immediately after the brochah of Ga’al Yisroel, why are there “interruptions” between them?

Furthermore, in the evening, the chazzan recites “half-kaddish” before beginning the Shmoneh Esrei. This kaddish is not recited in the morning, when nothing is allowed to interrupt between geulah and tefillah. Why are these three insertions not considered interruptions between the brochah of Ga’al Yisroel and the beginning of Shmoneh Esrei?

The first of these three questions (Why is the brochah Hashkiveinu recited between Ga’al Yisroel and the Shmoneh Esrei?) already surfaces in the Gemara (Brochos 4b). There, the Gemara explains that once Hashkiveinu was established as a brochah after Ga’al Yisroel, the two brochos together, Ga’al Yisroel and Hashkiveinu, are considered one long recitation of redemption. Therefore, Hashkiveinu does not constitute an interruption between geulah and tefillah.

What does this Gemara mean?

Some rishonim explain that while Hashem brought the Angel of Death upon the Egyptian firstborn on the first night of Pesach, the Jews were afraid and prayed to Him to save them from the fate of the Egyptians. This is considered an act of righteousness, not lack of faith, because tzaddikim always think that they have sinned and, therefore, are not deserving of Divine intervention. To remember these supplications, Chazal implemented the recital of Hashkiveinu, an appeal that Hashem protect us from all misfortune. Since this entreaty originated as part of the Exodus, it retains aspects of salvation and therefore does not constitute an interruption between geulah and tefillah (Talmidei Rabbeinu Yonah ad loc.).

Another interruption

Although we have now explained why Hashkiveinu is not considered an interruption between geulah and tefillah, we still do not know why the brochah beginning with the words Baruch Hashem le’olam is not considered an interruption. The rishonim devote much discussion to this question and to the origins of this brochah altogether, since it is not mentioned in the Gemara.

Tosafos (4b s.v. Da’amar) explains that, at some point in post-Talmudic history, this brochah was instituted to lengthen the davening. The reason for doing this was so that someone who arrived late for maariv would have time to catch up and finish davening and still be able to leave shul with everyone else. As the Rosh (Brochos 1:5) explains, at the time this brochah was implemented, the shullen were in the fields, and it was dangerous to walk home alone at night after maariv.

Other approaches

Other rishonim explain the origin of the brochah of Baruch Hashem le’olam somewhat differently. The approach presented by Talmidei Rabbeinu Yonah requires a bit of an introduction.

The Gemara (Brochos 27b) quotes a dispute whether tefillas arvis reshus or tefillas arvis chovah, which seems to be a disagreement over whether davening maariv is required or optional. The halachic conclusion is tefillas arvis reshus. But is maariv really optional? Can one decide every night whether he wants to skip maariv?

The rishonim already note that the Gemara states that one who missed maariv must recite a make-up prayer, called a tefillas tashlumim, after the next morning’s shacharis. If maariv is optional, why must one make up the missed prayer?

In response to this difficulty, Tosafos explains that when the Gemara states that maariv is reshus, it does not mean that it is optional, but rather that it is less mandatory than other requirements. Should one need to choose between fulfilling two different mitzvos, maariv is set aside in favor of the other mitzvah (Tosafos, Brochos 26a s.v. Ta’ah). However, in all other circumstances, one is obligated to recite maariv.

The Rif resolves the problem differently, contending that, indeed, maariv is not obligatory. However, once one has decided to daven maariv, he must do so properly, meaning that, in the event that he did not daven, he would need to pray a “make-up” prayer.

Baruch Hashem le’olam

Returning to Baruch Hashem le’olam: Since reciting a tefillah for maariv was originally voluntary, Rabbeinu Yonah explains that the eighteen mentions of Hashem’s Name that constitute the prayer of Baruch Hashem le’olam were substituted for maariv and qualified as adequate fulfillment of the requirement to daven at night. A closing brochah beginning with the words yiru eineinu was then recited, followed by kaddish, and one thereby fulfilled the requirement of maariv without reciting Shmoneh Esrei. (A similar approach is presented by the Tur in the name of Rav Natrunai Gaon.)

The prayer of Baruch Hashem le’olam and the subsequent half-kaddish remained part of the maariv liturgy, even after davening a maariv Shmoneh Esrei became accepted as an obligation, and they are now followed by Shmoneh Esrei, the full kaddish and Aleinu. Reciting Baruch Hashem le’olam is not considered an interruption between geulah and tefillah, since it was originally adopted as a halachic obligation whereby one fulfills the mitzvah of prayer.

Later rishonim combine both the approach of Talmidei Rabbeinu Yonah and that of Tosafos to explain the origins of the blessing Baruch Hashem le’olam. For example, the Tur explains that since the shullen were in the fields, people completed the maariv that they recited as a group while it was still daylight and ended their tefillah with kaddish. Everyone then recited the Shmoneh Esrei individually, in their own homes, after dark.

I found a similar approach in a commentary by a different rishon, Rabbeinu Manoach (commentary on the Rambam, Hilchos Tefillah, 7:18), who suggests that Baruch Hashem le’olam was instituted at a time when the Jews were not permitted to pray while standing. To avoid this, the Jews recited the verses of Boruch Hashem le’olam while sitting, recited kaddish, completed the service, and went home. Beyond the watchful eyes of the persecuting government, they recited the Shmoneh Esrei at home, while standing.

A tangential point is that we see from the writings of the various rishonim that in their era both Sefardim and Ashkenazim recited Baruch Hashem le’olam as part of the daily maariv. This practice is mentioned even in Shulchan Aruch, despite the fact that he discusses usual Sefardic practice. There were individual gedolim, both Ashkenazim and Sefardim, who did not recite Baruch Hashem le’olam (Rashba, Brochos 4b, quoting Rashbam; Talmidei Rabbeinu Yonah, quoting Ramban; Rambam also makes no mention of it). However, the common practice today of Sefardim and the minhag Eretz Yisroel not to recite Baruch Hashem le’olam are both customs of later origin.

Should one stand for Boruch Hashem le’olam?

Thus, we see that according to all approaches, the brochah beginning with the words Boruch Hashem le’olam was included as a substitute for the Shmoneh Esrei, or, in other words, to fulfill the mitzvah of prayer. If that is so, should it be said standing?

The Rema 136:2 writes that people who are meticulous in their observance stand while reciting these pesukim, since they are a replacement for the Shmoneh Esrei. However, the Magen Avraham cites several authorities who disagree and contend that they should deliberately be said sitting. The Taz explains that if one intends to say Shmoneh Esrei, since he would fulfill his chiyuv with the 18 pesukim if he says them standing, he will be considered as having recited Shmoneh Esrei twice, which one is not permitted to do under ordinary circumstances. Therefore, he should recite the pesukim sitting, which demonstrates that he is reciting them only to fulfill the custom and not to fulfill his mitzvah to daven maariv.

However, if he has already said Shmoneh Esrei, such as if he skipped Baruch Hashem le’olam in order to start the Shmoneh Esrei together with the tzibur, one should recite these verses standing (Magen Avraham 236:2).

Kaddish at night

At this point, we can answer one of the questions mentioned at the beginning of the article:

“Why do we recite a kaddish immediately before Shmoneh Esrei in maariv, but not in shacharis?”

This practice dates back to the post-Gemara takkanah, when half-kaddish was recited after Baruch Hashem le’olam to end the public tefillah at this point, or to demonstrate that the requirements of tefillah had been fulfilled. Although today, one cannot fulfill his requirement to daven maariv with this brochah, the brochah of Baruch Hashem le’olam and the subsequent half-kaddish were left in place.

I also found an alternate answer to this question: We say kaddish in the evening, because we paskin that maariv is reshus, and therefore we need not be concerned about the interruption, whereas in shacharis, which is definitely a required prayer, we are concerned about the interruption (Tosafos, Brochos 4b s.v. Da’amar, quoting Rav Amram Gaon).

Interrupting maariv

Notwithstanding this last statement, the halachah is that one may not interrupt between the birchos kri’as shma of maariv and the Shmoneh Esrei (Tosafos, Brochos, 4b s.v. Da’amar). However, for important purposes, the halachic authorities allowed certain interruptions. For example, the Rashba (Shu”t 1:293) rules that on Rosh Chodesh, we may announce that people should not forget to say Yaaleh Veyavo, and the Mishnah Berurah (236:7) extends this heter to include that one may announce Al Hanissim on Chanukah and Purim, something that is not permitted in shacharis.

Conclusion: Was Yaakov’s prayer second rate?

The question is obvious: If each of the three prayers was established by one of our forefathers, why are two of these prayers obligatory, whereas the Gemara concludes that maariv is optional? Even if we understand the Gemara to mean, as some rishonim explain, that it is only relatively optional, meaning that one is required to daven maariv but it is more easily deferred, why does Yaakov’s prayer seem to get a second-rate standing? After all, he is considered the most chosen of the forefathers, bechir shebe’avos, so why should his prayer be considered of lesser importance?

The Pnei Yehoshua (Brochos 26b s.v. Mihu) explains that Yaakov never intended to create a new prayer at night – he meant to daven mincha! Suddenly, Hashem made the sun set and darkness fell early, in order to force Yaakov to stop at that place. Thus, Yaakov’s prayer was because he had missed mincha, not because he was trying to institute a prayer in the evening.

 

Keeping My Feet Together

Many articles on various Rosh Hashanah topics are available for reading or downloading under the headings “Rosh Hashanah,” “Shofar” or “Tashlich.”

Keeping My Feet Together

Question #1: Proper posture

“The Shemoneh Esrei on Rosh Hashanah is very long. Is it sufficient that I stand with my heels touching, or must my feet be side-by-side touching their entire length?”

Question #2: Standing straight

“Why do we keep our feet together during kedushah but not when responding to kaddish?”

Question #3: Kaddish together

“Is it required to have one’s feet together when reciting kaddish?”

Answer:

Fulfilling the mitzvah of davening requires that we observe many halachic details. The Rambam organizes these laws under two headings: essential and non-essential components. In Chapter 4 of Hilchos Tefillah, he lists five essential components of prayer, meaning the Shemoneh Esrei. These are:

1) Cleansing one’s hands before prayer

2) Having one’s body properly covered

3) Praying must be in a place that is clean and without inappropriate odor

4) Not davening when one senses bodily needs

5) Having basic, proper intent and focus

The Rambam calls these five requirements “essential,” which means that a prayer missing any of these qualities does not fulfill the mitzvah and one is required to recite it again. Someone who cannot meet these requirements is exempt from praying until he can meet them. Therefore, it is preferred that someone unable to fulfill the basics of these requirements miss the prayer rather than recite a tefillah that violates these laws. Many of these topics are available for reading or downloading on RabbiKaganoff.com

Non-essentials

In Chapter 5 of Hilchos Tefillah, the Rambam lists eight non-essential components of prayer, meaning that these are important aspects, but one fulfills the mitzvah to pray even if they are entirely missing. These eight aspects are:

  1. Standing during prayer
  2. Facing the Beis Hamikdash
  3. Correct positioning
  4. Appropriate attire
  5. Proper location
  6. Volume
  7. Bowing
  8. Prostrating

The Rambam notes that these requirements are not essential, and that, therefore, someone who failed or was unable to do them has fulfilled the mitzvah to daven. Furthermore, one who is unable to fulfill any of these aspects should daven anyway. Therefore, although davening while properly attired is very important, one who will be unable to dress appropriately should daven and observes this law only to the extent that he can under the circumstances.

Correct positioning

One article cannot cover all the laws of these rules, so here we will discuss one aspect of the requirement to position one’s body in a certain way. The Rambam (Hilchos Tefillah 5:4) states the following aspects of positioning one’s body:

When standing to daven shemoneh esrei, one’s feet should be together and alongside one another.

One’s eyes should be facing downward, yet his heart should be directed upward, as if he is standing in heaven.

One’s hands should be resting on one’s heart, with the right hand atop the left, standing in fear and awe like a servant before his master.

One should not place his hands on his hips.

As I mentioned above, although these factors are important components of proper prayer, they are not essential, and one who neglected to do them has fulfilled the requirement to pray (see Mishnah Berurah 95:1; Kaf Hachayim 95:2). Therefore, someone who cannot put his feet together should daven without his feet together, rather than not daven at all (Kaf Hachayim 95:3).

Feet together

The Rambam states: “When standing to daven shemoneh esrei, one’s feet should be together and alongside one another.” The basis for this ruling is the Gemara (Brachos 10b) which mentions this requirement based on the following. In Yechezkel’s opening prophecy, he shares with us a vision of the heavenly courts, describing the feet of the angels as veragleihem regel yesharah, literally, “their feet were a straight foot” (Yechezkel 1:7). According to Targum and one interpretation of Rashi, the verse means that the angels stood in a way that their feet lay one alongside the other. The Gemara explains that when we daven we should also have our feet aligned, which Rashi explains to mean that one foot should be alongside the other so that they appear as one “foot.”

This passage of Gemara leaves one puzzled. Indeed, Yechezkel reports to us that the angels stood with their feet together. But why is a person who is praying required to emulate the position of the angels? Are we also required to pray while flying, as the angels sometimes do?

A simple approach

On a simple level, one could explain that standing with one’s feet together makes one feel somewhat vulnerable and therefore humble, and that this position allows one to fulfill davening with trepidation and humility (Levush, Orach Chayim 95:1). However, although this approach seems to supply a good reason for us to have our feet together when we pray, it does not seem to explain what the Gemara was saying since this has nothing to do with the fact that the angels stand this way.

The latter question is discussed by an early commentator, the Rashba (in his commentary to the Gemara Brachos), who writes the following:

“I was asked by someone who is an enemy of our people [probably someone trying to proselytize among the Jewish people]: Why do we keep our feet together when we pray, and what proof is being brought from the holy bearers of the divine chariot to someone praying?

“I responded as follows: ‘There are two major reasons for this. The first reason is that man’s body was created with limbs — his hands and legs — whose purpose is to enable him to reach and acquire what he wants and to distance himself from harm. The hands bring him items of pleasure, push away from him harmful items, and are what he uses against his enemy in warfare. His feet move him great distances in a very short time, and enable him to escape from harm.

“It is essential to prayer that a person realize that none of these abilities are man’s own activities and they will not save him without G-d’s help. Everything is dependent on G-d’s will. In order to entrench this idea in one’s soul, one must place one’s feet together when praying, to symbolize that his feet are completely bound and paralyzed. They are without any ability to flee from danger. This forces man to realize that all his abilities of locomotion are only because G-d helps him.” This reason is quoted by the Beis Yosef, Orach Chayim 95 in the name of a much later authority, the Mahari Abohav.

The Rashba continues: “The same is true with one’s hands. The Gemara teaches that in times of difficulty, Rava would fold his arms when he prayed… This position demonstrates that it is as if one’s arms are bound and one is without help except for Hashem.”

The Rashba then adds: “There is another reason why we assume the position of the angels when we pray: The human species, whose purpose is to recognize the Creator and to praise He who created man from nothing, has a specific responsibility to serve G-d and to keep His commandments. Man is an angel, an emissary, placed on earth, just as the celestial angels serve and recognize their Creator. Mankind can therefore be called malach” (as he is in Malachi 2:7), which means G-d’s messenger. Thus, the Rashba explains that placing one’s feet together, whether performed by man or by angels, demonstrates a lack of ability, thereby recognizing that all our strength at all times comes from Hashem. We are also showing that we are, indeed, comparable to angels, since we are fulfilling G-d’s mission on Earth. To quote the Zohar (parshas Pinchas #229), “The Holy One, blessed is He, said: Those who pray with their feet together like the angels, I will open the gates of the Sanctuary for them to enter.”

There is yet another reason why we pray with our feet touching, side-by-side, which is that when we are talking to Hashem, it is essential that we be fully and exclusively focused. This places us on the levels of the angels who are always focused exclusively on their Divine mission.

Is regel a foot?

After explaining why we pray in a position similar to that of the angels, the Rashba adds: “You should realize that the word regel has a double meaning, for it means not only the foot but it also means cause (as in Bereishis 33:14 and 30:30). According to this interpretation, the verse in Yechezkel 1:7, veragleihem regel yesharah, should be translated as their cause is a straight cause, meaning that the angels consistently follow the path of truth.

“In this manner, someone standing and praying before Hashem must abandon thoughts of himself, and focus completely on the prayer he is reciting. Concentrating all his energies on this goal develops him such that everything he does, all the time, should be only for the purpose of strengthening his body in order to serve Hashem. Placing his legs together demonstrates having a straightforward cause directed toward the purpose for which he was created — to serve G-d. For this reason, man can be compared to the chariot that bears Hashem’s presence into the world.”

Should the front of the toes be separated?

Having established the basis for the practice that one’s feet should be together when reciting shemoneh esrei, we find a discussion in the rishonim whether the feet should be slightly separated in front. Rabbeinu Yonah quotes some who hold that the tips of both feet should not touch, so that it appears like a calf’s foot with its split hooves. Rabbeinu Yonah disputes this, saying that the requirement is only that the feet be together like one foot — there is no mention of making one’s feet look like a split hoof.

Nevertheless, we still find a dispute among early acharonim whether one should lechatchilah stand with a slight split at the front of one’s toes or not. The Olas Tamid writes that this is preferred. However, the Yeshuos Yaakov disagrees, contending that one should not have one’s feet slightly separate. He notes that the angels cover their feet that look like those of a calf so as not to be reminiscent of the eigel hazahav, the Golden Calf. Therefore, we should deliberately not have our feet look like this, reasons the Yeshuos Yaakov.

The Yerushalmi

Having quoted the passage of the Talmud Bavli that explains how we should stand when we pray, we should be aware that there is also a passage of Talmud Yerushalmi (Brachos 1:1) regarding this issue. There, the Yerushalmi quotes a dispute between Rabbi Levi and Rabbi Simon, one of whom held the same opinion as the Bavli that one should daven with one’s feet pressed together and the other holding that, when davening, one should assume the position that the kohanim did when walking in the Beis Hamikdash. There, the kohanim took very small steps such that the big toe of one foot was next to the heel of the other when they walked.

Since in a dispute between the Talmud Bavli and the Talmud Yerushalmi we rule according to the Bavli, it would appear that the dispute recorded by the Yerushalmi is halachically irrelevant. The commentaries are thus surprised to note that the Tur quotes the Yerushalmi, leading the Beis Yosef and the other commentaries to question why the Tur does so. Many answers are proposed to explain the Tur’s position. I will quote here two of them, whose answers yield halachic ramifications.

The Bach explains as follows: In his opinion, halachah requires that one daven with one’s feet in one of the two positions advocated by the Yerushalmi. The Bach contends that if one’s feet are in neither of these positions one has not fulfilled the requirements of prayer. The Tur agrees that it is preferable to place one’s feet alongside one another, since we rule as the Bavli does. However, he quotes the Yerushalmi because someone who failed to position his feet in either of these positions is required to daven again. Furthermore, someone who cannot align his feet alongside one another should position them so that the toe of one foot is alongside the heel of the other. Thus, although we follow the ruling of the Bavli that one should daven with the two feet alongside one another, it is also important to know the conclusion of the Yerushalmi, which is why the Tur included this information.

Several authorities note that, according to this approach, the Tur’s interpretation of the topic has him in dispute with the Rambam’s ruling, quoted above, that positioning is never essential to prayer, and that one fulfills the mitzvah of davening with one’s feet in any position. Since they see no evidence that such a dispute exists, they are reticent to create one on this basis and instead suggest other approaches to resolve why the Tur quoted the Yerushalmi. Notwithstanding this conclusion, some authorities opine that someone who davened with his feet apart should daven a voluntary prayer (called a tefilas nedavah), to make certain that he fulfilled the mitzvah (Olas Tamid). Later authorities reject this approach and rule that one should assume that he fulfilled the mitzvah (Kaf Hachayim).

Another approach

The Aruch Hashulchan suggests a different explanation why the Tur presented the Yerushalmi’s discussion. He explains that the Tur wants us to realize that someone who is unable to have his feet together for whatever reason, but who can assume the alternative position of having his toe touching his heel, should daven in the latter position. According to this approach, everyone accepts that these rules are all only lechatchilah and that one who davened with his feet in a completely different position has fulfilled the mitzvah, bedi’evid, after the fact.

Sitting with your feet together?

Is someone who must pray from a sitting position, either because of health reasons or because of travel, required to daven with his feet together? The Pri Megadim rules that he should still keep his feet together while davening. He further explains that someone who must daven while sitting should not lean backwards or to the sides while praying, and should also be careful not to stretch or cross his legs while davening, because these positions all convey an air of conceit.

All or nothing?

At this point, let us refer to the first question with which I opened our article: “The Shemoneh Esrei on Rosh Hashanah is very long. Is it sufficient that I stand with my heels touching, or must my feet be side-by-side touching their entire length?”

From what we have seen, it is clear that the proper position for davening is to have one’s feet side-by-side and touching their entire length.

Kedushah

At this point, let us address the remaining of our opening questions:

“Why do we stand with our feet together during kedushah but not when responding to kaddish?”

“Is it required to have one’s feet together when reciting kaddish?”

By way of introduction, let me quote a discussion from a late rishon, the Terumas Hadeshen (#28). He quotes the following question:

“Should an individual align his feet when he responds to the chazzan’s kedushah?”

To which he answers, “It appears to me that he should, since the prayer states, We shall sanctify his name just as they sanctify His Name in the highest heavens, and in the heavens they recite the kedushah with a ‘straight foot,’ as the verse reads ‘their feet were a straight foot.’ We should attempt to act like the angels to the best of our ability; there is neither conceit nor foolishness in our doing so. Indeed, this is the proper way to act.” This answer of the Terumas Hadeshen is quoted subsequently by all the authorities, and is codified in the Shulchan Aruch (Orach Chayim 95:4).

Borchu

Although none of the reasons mentioned above applies to reciting Borchu, that is, we are not trying to compare ourselves to angels, nor is it the ultimate prayer; nevertheless, the custom is that Borchu is recited with one’s feet together. This custom is recorded by some late authorities (Aruch Hashulchan). Therefore, one should align one’s feet when reciting Borchu. However, since there is no halachic source that requires reciting Borchu with one’s feet together, one should not admonish someone who recites Borchu with his feet apart.

Kaddish

I have found no early source that requires one to have one’s feet together while reciting kaddish. Although it is standard practice that people recite kaddish with their feet together, since there does not appear to be an early halachic source for this practice, one should not admonish someone who fails to do so.

Conclusion

Understanding how much Chazal were concerned about the relatively minor aspects of davening, such as how we position our feet, should make us more aware of the fact that davening is our attempt at building a relationship with Hashem. As the Kuzari notes, every day should have three very high points — the three times that we daven, and from these three prayers we gain our strength and inspiration for the rest of the day.

 

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.

Proper Prayer Rejoinders, or To Brich or not to Brich

Yaakov, a relative newcomer to Yiddishkeit, visited a new community and davened each prayer at a different shul. He noticed that in each shul, the responses to Kaddish were different, which he found surprising. His rabbi explained to him the background.

When hearing Kaddish, we say “Amen” at several places in addition to saying the very important “Amen, y’hei shmei rabba mevorach le’olam ule’almei almaya”. (The poskim dispute whether one should also add “yisbarach to this sentence, the Shulchan Aruch [Orach Chayim 56:3] ruling that one should, and the Gr”a ruling that one should not.) In addition, Ashkenazim respond to the words, shmei dekudsha brich hu, His holy name, blessed is He, by repeating the Chazan’s words brich hu. (Nusach Sefard and Sefardim say Amen at this point.) However, most people do not realize how late this response of brich hu came into practice and also are not familiar with the halachos regarding it; many times one may not recite this response as it constitutes an interruption. The goal of this article is to explain both the historical background of brich hu, and when we should and should not recite it. We will also discuss when to respond to the other responses of the Kaddish.

The Gemara (Brachos 3a; Sotah 49a) mentions Kaddish and lays special emphasis on responding Amen, y’hei shmei rabba mevorach le’olam ule’almei almaya with fervent feeling. The poskim accentuate the importance of not talking while someone is reciting Kaddish. One should pay careful attention to the recital of the Kaddish and know to which praise of Hashem one is responding (Shulchan Aruch Orach Chayim 56:1).

CHRONICLE OF A RESPONSE

What exactly is brich hu?

The words brich hu, are Aramaic for “blessed be He,” and are a repetition of two of the words of the Kaddish just said by the chazzan at that point viyis’halal shmei dekudsha brich hu li’eila min kal birchasa ve’shirasa… da’amiran be’alma ve’imru amen, exalted be the name of the Holy One, blessed be He Who shall be praised… beyond all blessing and song… that are declared in the world. And respond: Amen.

When did responding brich hu become a standard part of davening? Surprising as this may seem, no early poskim mention a custom of responding with just these two words. The custom started about four hundred years ago when it was not unusual to find people responding at this point of Kaddish with a refrain similar to the one we recite. The Taz (Orach Chayim 56:3) reports a practice to accentuate the praise of Hashem by joining the Chazzan at the point when he reaches the words shmei dekudsha, His holy name, by accompanying him when he recites the three words brich hu li’eila, which means that the Congregation recited words that translate as Blessed is He above. The Taz condemns this practice harshly since these three words may imply an unintended blasphemous statement — that Hashem is blessed only above, but not below. Therefore, the Taz rules that one should continue by reciting the subsequent three words, thus resulting in the following praise, brich hu li’eila min kal birchasa, which translates as Blessed is He above all blessing. This clarifies one’s intent and removes any concern about blasphemy. However, contemporary Ashkenazic practice does not recite this elongated response, but instead reduces the response to the two words, brich hu, blessed be He, which also accomplishes praising Hashem with no hint of blasphemy. Some Hassidic circles indeed follow the advice of the Taz and recite brich hu li’eila min kal birchasa.

This explains the origin of the custom to recite brich hu to Kaddish. What we still do not know is when we may not recite it. Explaining these halachos requires some introduction.

BARUCH HU UVARUCH SHEMO

The response brich hu is similar to our response Baruch Hu uvaruch shemo, blessed is He and blessed is His name, which we recite upon hearing Hashem’s name articulated as part of a bracha. The first halachic authority to mention this practice is the Rosh about 800 years ago. The Tur (Orach Chayim 124) states, “I heard from my father [the Rosh] that every time he heard a bracha he would say Baruch Hu uvaruch shemo. He based this practice on the pasuk that states, “When I call Hashem’s name, bring forth greatness to our G-d” (Devorim 32:3), thus upon hearing Hashem’s name, one should add a praise of one’s own. The Rosh added another halachic source for this practice based on the following translation of the pasuk, “Remember a tzadik for blessing” (Mishlei 10:7). This verse teaches that even when mentioning the name of a righteous human being one should bless him; if so, one should certainly bless Hashem when mentioning His name.

Shulchan Aruch (Orach Chayim 124:5) rules that one should respond Baruch Hu uvaruch shemo whenever one hears a bracha. Nevertheless, one may not answer this refrain during birchos keriyas shma or during pesukei dezimra (Magen Avraham 124:9; Mishnah Berurah 124:21). Why not?

WHAT RESPONSES ARE PERMITTED WHILE RECITING THE BIRCHOS KERIYAS SHMA?

The part of davening following Borchu until the shmoneh esrei is called the birchos keriyas shma, because it consists of the brachos established by the Anshei Keneses HaGedolah (the leaders of the Jewish people in the era of Ezra, Mordechai and Esther, during the period prior to and the beginning of the second Beis HaMikdash) before and after reciting Shma. The Mishnah (Brachos 13a) teaches that although usually one may not interrupt these brachos, certain circumstances warrant disrupting them. For example, one may greet an unfamiliar person if one suspects that the person may become angry if one does not welcome him (Bach and Magen Avraham, Orach Chayim 66:2).

However, there is one place during this part of the davening that is so important that one should not interrupt unless it is a life-threatening emergency. This is while saying the pesukim of Shma Yisroel and Baruch shem kovod malchuso li’olam va’ed (Shulchan Aruch 66:1).

==It is not clear cut what the halacha is regarding responses to davening while one is davening. The Rishonim dispute whether one may respond to Borchu, to Kedusha, and Amen yehei shmei rabba to Kaddish during the birchos keriyas shma. The Rosh (Berachos 2:5) disputes with his rebbe, the Maharam Rotenberg, who prohibited this practice. Those who prohibited this practice contended that one may not interrupt the brachos of keriyas shma for the sake of a different praise, such as responding to Kaddish or Kedusha. Those who permitted held that responding appropriately to Hashem’s praises is no worse than responding to the greeting of a person, which is permitted under certain circumstances, as mentioned above.

The poskim conclude that one may answer the following responses while reciting the birchos keriyas shma:

A. “Amen, y’hei shmei rabba mevorach le’olam ule’almei almaya” in Kaddish.

B. “Amen” to the Chazzan’s da’amiran be’alma in Kaddish, but not at the other places in Kaddish (Chayei Odom 20:4).

C. One answers “Boruch Hashem hamevorach la’olam va’ed” to Borchu, whether the Borchu before birchos keriyas shma or the one that precedes an aliyah (Magen Avraham 66:6).

D. “Kodosh kodosh…” and “Boruch kvod Hashem mimkomo” in Kedusha. However one should not respond to the other parts of Kedusha we traditionally say, even the sentence beginning Yimloch (Ateres Zekeinim).

E. “Amen” to the brachos of Ha’Keil Hakadosh and to Shma Koleinu (Rama 66:3).

F. The words “Modim anachnu Loch” recited in response to the Chazan’s saying Modim in the repetition of Shmoneh Esrei (Rabbeinu Yonah, Brachos 7b; Mishna Berurah 66:20).

HALLEL AND MEGILLAH

The Gemara (Brachos 14a) discusses whether the same rules that apply to interrupting the birchos keriyas shma also apply to the full Hallel and recital of the Megillah. The Gemara questions whether the rules governing the birchos keriyas shma should be stricter than those for Hallel and Megillah, since the requirement to recite keriyas shma is min haTorah, whereas the mitzvos of Hallel and Megillah are only rabbinic in origin. Alternatively, the Gemara suggests that since both Hallel and Megillah publicize miraculous events, perhaps the rules of interrupting them should be stricter. The Gemara concludes that we should treat the rules of birchos keriyas shma Hallel and Megillah the same. Thus, all the responses listed above are recited when one is in the middle of Birchos keriyas shma, Hallel, or hearing the Megillah.

The poskim debate whether someone holding in the middle of the birchos keriyas shma may respond amen when he hears someone recite the brachos before or after an aliyah. Magen Avraham (66:6) rules that one should recite Amen to these brachos, whereas the Pri Megadim questions this practice. The Mishna Berurah (66:18) concludes that he may recite amen if he is between two of the brachos, such as he has just completed “Yotzeir HaMeoros” or “HaMaariv Aravim.”

This dispute is based on an interesting story. Someone was once delayed in davening, and was in the middle of the birchos keriyas shma when he was called up to the Torah for an aliyah. May he recite the brachos on the Torah even though it is an interruption in the middle of birchos keriyas shma?

The Sefer HaManhig ruled that he should accept the aliyah and recite the brachos (Tur 66). Not accepting an aliyah when one is called to the Torah is an insult to Hashem’s honor, and certainly Hashem deserves at least as much honor as the honored individual discussed earlier. Therefore reciting the brachos has the same status as greeting a person who deserves honor and may be recited during the birchos keriyas shma. The Magen Avraham apparently holds that answering amen to these brachos has the same halachic status as the Sefer HaManhig’s aliyah case and therefore one should recite this amen even in the middle of birchos keriyas shma. The Pri Megadim disputes with the Magen Avraham feeling that this amen is no different from amen to any other bracha.

However, the Rashba (Shu”t HaRashba 1:185) disagrees with the Sefer HaManhig’s conclusion, ruling that someone in the middle of this part of davening who is called to the Torah should not go up, but someone else should take his aliyah instead (Beis Yosef, Orach Chayim 66). The Shulchan Aruch (66:4) follows the latter opinion, whereas most other opinions rule that he should take the aliyah and recite the brachos, but be careful not to interrupt in any other way (Magen Avraham 66:8).

A THUNDERING BRACHA

The poskim also dispute whether he may recite the bracha on thunder while in the middle of birchos keriyas shma. Magen Avraham 66:5 rules that one should, whereas the Bechor Shor (Brachos 13a) disagrees, contending that one should interrupt one praise of Hashem, the Shma, with another, the bracha on thunder. The Chayei Odom reaches a compromise, ruling that one should recite the bracha if he is between the brachos of keriyas shma, but not in the middle of a bracha. This last dispute remains unresolved (Mishna Berurah 66:19). Thus, if someone hears thunder while reciting Hallel or the birchos keriyas shma, or reading or hearing the Megillah, it is his choice whether to recite the bracha or not. He might want to ask his posek in advance what to do.

Although usually one should recite the bracha Asher Yatzar immediately after washing one’s hands when leaving the lavatory (see Shulchan Aruch 165:1), one should not recite it during birchos keriyas shma but should postpone its recital until after Shmoneh Esrei (Mishna Berurah 66:23). The same policy should follow during Hallel or Megillah; he should wait to recite Asher Yatzar until after Hallel and Megillah and their concluding brachos are completed.

The poskim dispute whether one may recite amen to a different bracha that one hears when he is between two brachos of birchos keriyas shma. Some contend that he may recite amen after hearing any bracha, since he is currently between brachos (Pri Megadim, Eishel Avraham 66:7). Others contend that he may only recite amen to the bracha that he just recited, such as he heard the end of the bracha from the chazzan or from a different individual (Chayei Odom 20:4).

TALIS AND TEFILLIN

What if someone did not have talis and tefillin available before davening, and they become available during birchos keriyas shma? May he recite a bracha prior to donning them or does the bracha qualify as a hefsek during the brachos?

The Rishonim debate this issue. Rashi’s rebbe, Rabbi Yitzchak the son of Rabbi Yehudah indeed recited the bracha before donning both his talis and his tefillin, and brought proof to his actions from the Gemara (Brachos 14b):

The great Amora Rav once began reciting keriyas shma and its brachos without having tefillin. Immediately after he completed Shma, his messenger brought him the tefillin, so Rav immediately donned the tefillin prior to reciting Shmoneh Esrei, and presumably recited the bracha before putting on the tefillin even though he was in the middle of the birchos keriyas shma.

Similarly, Rabbi Yitzchak the son of Rabbi Yehudah reasoned that in a similar situation when he first received talis and tefillin immediately before Shmoneh Esrei he reasoned that he should recite the bracha before donning either one. Tosafos (ad loc.) however disagrees with Rabbi Yitzchak the son of Rabbi Yehudah, reasoning that one is required to wear tefillin while davening and therefore donning them is a requirement of the tefillah. As such the bracha before also is not an interruption. However, one is not required to wear a talis during davening, and therefore the bracha before donning it should not preempt the laws of hefsek.

How do we conclude?

The Shulchan Aruch (66:2) rules like Rabbi Yitzchak the son of Rabbi Yehudah that he should recite both the bracha on the talis and the bracha on the tefillin; this is the practice of the Sefardim. The Rama rules like Tosafos that he should only recite the bracha on the tefillin but not on the talis.

WHAT RESPONSES ARE PERMITTED DURING PESUKEI DEZIMRA?

The Anshei Keneses HaGedolah established that one should recite daily praises written by Dovid HaMelech at the beginning of davening (Zohar, Parshas Terumah). We introduce these passages of praise, Pesukei Dezimra, with the bracha of Baruch She’amar and conclude them with the bracha of Yishtabach. The bracha of Yishtabach does not begin with a bracha begins it is linked directly to the bracha of Baruch She’amar. Because these two brachos are linked, one may not interrupt between the two brachos for anything that is not part of the davening. For this reason, it is strictly forbidden to talk during the Pesukei Dezimra (Tosafos, Brachos 46a s.v. kol; Shulchan Aruch Orach Chayim 51:4). Similarly, it is forbidden to answer Baruch Hu uvaruch shemo during this part of davening (Magen Avraham 124:9; Mishna Berurah 124:21). Although it is appropriate to praise Hashem this way when His name is mentioned, one does not interrupt praising Him to do so.

Some poskim contend that interrupting Pesukei Dezimra is halachically equivalent to interrupting the birchos keriyas shma; according to this opinion, one who hears a bracha from someone else during Pesukei Dezimra may not answer Amen to the bracha (Mishkenos Yaakov #68). Other poskim contend that one may answer Amen to any bracha while in the middle of Pesukei Dezimra, and even while in the middle of the bracha of Baruch She’amar (Magen Avraham 51:3). The consensus is that although it is clearly forbidden to talk during the Pesukei Dezimra, answering Amen to any bracha is permitted. Furthermore if someone needs to recite Asher Yatzar, or to recite the bracha on thunder or lightning, one may do so during Pesukei Dezimra and one may certainly answer the responses listed above in Kaddish, Borchu and Kedusha during this part of davening (Mishna Berurah 51:8. Nevertheless, Chayei Odom [20:3] rules that one should not recite Asher Yatzar until after Shmoneh Esrei.). However, reciting brich hu during Pesukei Dezimra is similar to reciting Baruch Hu uvaruch shemo and constitutes an interruption during Pesukei Dezimra. Thus, although many people are unaware of this halacha, someone in the middle of Pesukei Dezimra when the chazzan begins reciting Kaddish may not answer brich hu to the Kaddish or to the amen at the beginning of Kaddish. On the other hand, although he should answer Amen, y’hei shmei rabba mevorach le’olam ule’almei almaya and the amen at da’amiran be’alma. He may answer amen to the bracha of Yishtabach.

AFTER YISHTABACH

One may not interrupt between completing Yishtabach and beginning the next part of the tefillah (Shulchan Aruch Orach Chayim 51:4), although if one needs to recite a bracha it is better to do so after completing Yishtabach before answering (or saying) Borchu then during the Pesukei Dezimra. For this reason, if someone did not have tzitzis or tefillin available before davening, and they become available during davening (or if he must begin davening when it is too early to recite a bracha on them) he should put them on immediately after Yishtabach and then recite the brachos on them. Better to recite these brachos between Yishtabach and Borchu (or the beginning of the next bracha) then to do so afterwards.

WHEN MAY ONE NOT SAY BRICH HU

We have seen that although it is a mitzvah to recite baruch hu uvaruch shemo upon hearing Hashem’s name said as part of a bracha, one may only say it in a place where one may interrupt. One may not say these words when one is in the middle of Pesukei Dezimra and certainly not once he has begun the brachos after Borchu. Brich hu, which is of later origin, should be treated the same way. Therefore, one may not recite this refrain when one is in the middle of Pesukei Dezimra or in the middle of birchos keriyas shma. Thus someone who is lagging behind the tzibur and has not yet completed Yishtabach when the Chazan begins the Kaddish should answer Amen Yehei Shma Rabba..., and the amen at the completion of the Kaddish, but should not recite “Brich hu.” In addition, since the Amen at the end of “shmei rabba” (and in Nusach Sfard after “meshichei”) is only custom, he should not recite these either while in the middle of Pesukei Dezimra and certainly not while in the middle of the birchos keriyas shma.

APPRECIATING KADDISH

For the many years Reb Zalman Estolin spent as a slave laborer in Soviet Siberia, he obviously had no minyan, nor any opportunity to answer Amen, y’hei shmei rabba. Upon his redemption from the Soviet Union, he moved to Eretz Yisroel as an old, ill man. The very first morning in Eretz Yisroel, he arose early to walk to shul on his crutches, full with the excitement that he would be davening with a minyan for the first time in decades!

Two hours after davening should have been over, Reb Zalman had not yet returned to his host’s home. The concerned family sent someone to look for the older man, and discovered him sitting in the shul. When asked why he was still there, Reb Zalman answered, “When my minyan ended, another began. And then another. I just could not bear to miss the opportunity to recite Amen, y’hei shmei rabba one more time.” (Just One Word by Esther Stern.)

We should always be zocheh to recite Amen, y’hei shmei rabba with this type of enthusiasm!