1) Selichos-Part 2-Nussach, Minyan, Tallis, Chazan; 2) Shabbos Mevarchim Tishrei


Shabbos Mevarchim Tishrei:[1]

No blessing before Musaf:[2] On the Shabbos before Rosh Hashanah we do not bless the coming month despite this being the custom on every Shabbos that precedes Rosh Chodesh.[3]

Tehillim:[4] The entire book of Tehillim is recited before Shacharis just as on any other Shabbos Mevarchim.

Av Harachamim:[5] One recites the paragraph of “Av Harachamim” prior to Musaf.[6]

Farbrengen: At the conclusion of the prayers one is to have a Chassidic gathering as is done on every Shabbos Mevarchim.[7] This gathering is to include good and practical resolutions in matters of spiritual and physical charity.[8]

Omitting Vihi Noam:[9] The entire[10] prayer of Vihi Noam is customarily omitted on the Motzei Shabbos directly prior to any Holiday including Rosh Hashanah.[11] If, however, Rosh Hashanah falls on Shabbos, Vihi Noam is recited the previous Motzei Shabbos.[12]

 Sparks of Chassidus

Hashem blesses this month:[13]

On the Shabbos before Rosh Hashanah, which is the last Shabbos of the month of Elul, we read the passage in the Torah which begins נצבים אתם. These words are G-d’s blessing to the Jewish people. The Rebbe Rayatz records the following statement from his father the Rebbe Rashab: When I was a child I asked my father, the Rebbe Maharash, “Why do we not bless the month of Tishrei as we bless the other months?” The Rebbe Maharash in turn replied that when he was a child, he had asked the same question to his father the Tzemach Tzedek who in turn said that when he was a child, he asked this question to his grandfather the Alter Rebbe. The Alter Rebbe replied that he heard the following teaching in Mezritch from his master, the Maggid, who had received it from his master, the Baal Shem Tov: The seventh month [i.e. Tishrei], which is the first of the months of the year, is blessed by G-d Himself on Shabbos Mevarchim, which is the last Shabbos of the month of Elul. By virtue of this blessing the Jews are empowered to bless the other months eleven times a year. This is the content of G-d’s blessing: “Atem Nitzavim Hayom” [i.e. You are standing this day]. The word היום [i.e. this day] refers to Rosh Hashanah, which is the Day of Judgment. The phrase Atem Netzavim implies not only that the Jewish people are standing, but furthermore that on this day “you are sustained in your firm stance” which means that you are acquitted in your trial.

 

Shabbos Selichos:

In years that Rosh Hashanah falls on Thursday or Shabbos then Shabbos Mevarchim is also considered Shabbos Selcihos. See Halacha 15C in Q&A for a description of Shabbos Selichos in Lubavitch!

 

Selichos -Part 2

F. The Nussach:[14]

The Nussach and Seder of the Selichos according to Chabad custom was arranged by the Rebbe based on a directive of the Rebbe Rayatz. The Chabad Nussach of Selichos follows the Nussach of the Machzor Kol Bo and in general is similar to the custom of Lita, Risan and Zamut. The order of Selichos is similar to the order of Davening. First one recites a psalm of praise [Ashrei] which is followed by half Kaddish. The Selichos are then begun which corresponds to Shemoneh Esrei. The Chazan recites aloud the end of the first paragraph starting from the words “Haneshama Lach”.[15] At the conclusion one recites Kaddish Tiskabel which corresponds to the Kaddish recited after Shemoneh Esrei.

Viduiy-Ashamnu:[16]  One is to recite the confession prayer [i.e. Viduiy] three times [in Selichos] every day prior to dawn. [Practically however the Chabad custom is to only recite the confession prayer of Ashamnu one time within the Selichos. [17]]

Nefilas Apayim:[18] It is not our custom to perform Nefilas Apayim during Selichos.

Shema Koleinu: The custom is to open the ark and stand for the recital of Shema Koleinu.[19] It is recited verse after verse with the congregation repeating after the Chazan. It is said in this format until the verse of Al Taazveinu.[20]

Machnisei Rachamim: It is our custom to recite the hymn of Machnisei Rachamim.[21] Some[22] however have the custom to omit it.

Kaddish:[23] The Chazan recites the full Kaddish Tiskabel at the conclusion of Selichos. This applies even if the Minyan plans to Daven Shacharis immediately afterwards. [See Q&A!]

Directives of the Rebbe related to Selichos:[24]

Learning Torah: One is to learn Torah prior to saying Selichos. The content to be learned is matters which pertain to practical Halacha. Likewise, one is to study the Mamar of “Lecha Havayah Hatzedaka” [printed in the beginning of the Selichos] or at the very least its beginning and end. On the first night of Selichos this to be learned prior to midnight.

Charity: One is to give charity prior to Selichos. On the 1st night of Selichos this is to be done only after midnight.[25]

The third day of Selichos:[26] The third day of Selichos is an auspicious occasion[27], and should be utilized appropriately.

 Q&A

Must one stand during Selichos?[28]

The custom is to stand while reciting Selichos. This especially applies when the Aron is open[29], when the thirteen attributes are recited [and upon saying Ashamnu[30]]. Nevertheless, if it is difficult for one to stand, then he may be seated, with exception to when the thirteen attributes [and Ashamnu] is recited.[31]

Is Kaddish Tiskabeil to be recited at the end of Selichos even if one plans to begin Shacharis right away?

Yes.[32] However there are opinions[33] that say in such a case only half Kaddish is to be recited.

 

G. A Minyan versus in private:

Importance of a Minyan:[34] The congregation is to delay beginning Ashrei until a Minyan has gathered in order to be able to say the Kaddish before Selichos. If they cannot wait for a Minyan to arrive then they are to recite Ashrei, omit Kaddish and begin Lecha Havaya Hatzedaka”.

May a person recite Selichos without a Minyan?[35] It is permitted to recite Selichos without a Minyan, although one is required to omit certain parts, as will be explained next.

What does one omit if he is saying Selichos without a minyan? If one is saying Selichos without a Minyan, he is to omit the 13 attributes of mercy.[36] [One is to omit the words starting from Vayaavor.[37] Some[38] write that one is to also omit the entire paragraph of “Keil Melech Yosheiv”. It is not our custom in such a case to recite the 13 attributes of mercy in the tune of the Torah reading-see Halacha D in Q&A!] He is likewise to omit the Aramaic parts said within Selichos.[39] One does not omit the verse of “Uzechor Hayom Bris Shlosh Esrei” upon saying Selichos without a Minyan.[40]

 

Q&A

If one began Selichos without a Minyan and a Minyan later arrived may Kaddish be recited?[41]

If a congregation did not have a minyan when Selichos began and later they achieved a Minyan, they are to stop to say Kaddish upon the arrival of the Minyan.[42]

If one began Selichos with a Minyan and concluded without a Minyan is Kaddish and the Aramaic parts to be recited?[43]

If the congregation began Selichos with a Minyan and upon finishing they no longer have a Minyan, they are nevertheless to say Kaddish with Tiskabel [so long as there are at least six people which have remained[44]]. Nevertheless, it is forbidden for those that are part of the Minyan to leave the Minyan on this basis and one that leaves, on him it says the verse “And those that leave G-d…”.[45]

Aramaic parts:[46] They are to omit the Aramaic parts from the Selichos.

If one is saying Selichos with a Minyan, and the Minyan has already passed the Aramaic parts may he still recite them?[47]

So long as the congregation has not yet completed the Selichos it may be recited.

May one join Selichos through a Telephone, radio, live video/audio internet hookup [i.e. zoom]?[48]

If one is unable to join the saying up Selichos with an actual Minyan, then he can join through a live hookup, such as through the telephone, radio, or internet. Nonetheless, there is debate as to the value of such a recital of Selichos, if it’s considered to have been said with a Minyan, and have one is allowed to answer Amen, and for the 13 attributes of mercy. Some Poskim[49] rule one is not to answer Amen or the 13 attributes in such circumstances.[50] Other Poskim[51], however, rule one is to answer Amen and for the 13 attributes.[52] Practically, one may be lenient in this matter.[53] [If however there is a number of seconds of delay between the “live” hookup and the actual events taking place, then according to all opinions one may not answer Amen to Kaddish.[54] In many live broadcasts there are several seconds of delay between the events and the broadcast, and hence in such a case one may not answer Amen to the Kaddish.[55]]

 

H. Donning a Tallis:

The Chazan is to recite Selichos with a Tallis.[56] [This applies even if a Bochur is the Chazan for Selichos.[57]]

Borrowing a Tallis at night: If it is still before the allowable time to say a blessing over a Tallis[58] the Chazan should borrow a Tallis from another person and wear it without a blessing.[59] [Thus on the first night of Selichos, which is recited at night, the Chazan should have another person bring a Tallis to Shul and he is to borrow it from him. He should not use the Shuls Tallis.[60] If the only Tallis available is the Tallis of the Shul or a Tallis that he owns then he is to wear it without a blessing.[61] Some Poskim[62] argue on the above and rule that a Chazan may even initially wear his own Tallis, or the Tallis of the Shul, at night without a blessing and there is no need to borrow the Tallis from another.]

If the time of Alos arrives in the midst of Selichos then the Chazan is to stop and recite a blessing over the Tallis, shaking the fringes of the Tallis prior to reciting the blessing.[63]

Is a blessing recited when wearing a Tallis for Selichos said during the day? When saying Selichos during the day the Chazan is to recite a blessing over the Tallis prior to wearing it.[64] If however the Chazan borrows the Tallis from another person he is not required to recite a blessing.[65] If however one borrows the Tallis of the Shul then a blessing is to be recited.[66]

 

I. Is an Avel within Shiva to go to Shul for Selichos?

An Avel that is within Shiva may not leave his home to recite Selichos with the Minyan.[67] The Avel is either to recite Selichos privately at home or arrange for a Minyan to come to his home.[68] [However some Poskim[69] rule that if a Minyan is not available in the home of the Avel then he may go to Shul for Selichos and Shacharis.]

Erev Rosh Hashanah and Erev Yom Kippur: The above however is with exception to Erev Rosh Hashanah [and Erev Yom Kippur[70]], in which case [in those areas that increase in Selichos[71] and hence] the Selichos are lengthy, the Avel may go to Shul.[72] [In such a case he may remain in Shul to Daven Shacharis with the congregation.[73]]  Nevertheless even on these days it is best to arrange for a Minyan in the house of the Avel rather than have the Avel go to Shul.[74]

 Q&A

Is Selichos recited in the house of an Avel?[75]

At the house of an Avel, Selichos is recited without the confession prayer [of Ashamnu] and without Nefilas Apayim.[76] However some Poskim[77] rule that one is to recite the confession prayer within the Selichos recited prior to Davening. Some[78] suggest that the Minyan is to recite Selichos in a nearby home in which the person did not pass away, and they are then to recite the confession prayer within Selichos.

Does the Avel recite Selichos?[79] Yes. An Avel recites Selichos although he does not recite the confession prayer or Nefilas Apayim.[80]

 

Is the Avel to lead the Selichos prayer?

See next Halacha in Q&A!

 

J. Who should be the Chazan for Selichos and the High Holidays?[81]

Ideally the Chazan for Selichos and for the High Holidays should be the most upright of people that has greatness in both Torah knowledge and Mitzvos. He should be at least thirty[82] years of age and be married.[83] [However, being learned and G-d fearing takes precedence over being married and of the right age.[84] Likewise being married takes precedence of being of the right age.[85]] Nevertheless, all Jews are considered to be Kosher and thus may serve as the Chazan as long as they are appeasing to the congregation. However, one who takes the position by force [or without being appointed[86]] the congregation should not answer Amen to his blessings. [This ruling only applied during times that the Chazan would fulfill the prayer obligation of the community. However today being that everyone Davens themselves in addition to the Chazan, one may answer Amen for his blessings even when the position is taken by force.[87]] He must also intend to fulfill the obligation of every member of the congregation. If however he has an enemy and he intends not to be Motzei him, then the other members of the congregation are likewise not Yotzei.[88] [If a potential Chazan sees that the choosing of the Chazan is leading to discord he should remove himself from the position even on the expense of having an unfit person become Chazan.[89] Likewise, if he knows that he is not spiritually befitting then he is to remove himself from the position.[90]]

The Chazan for Selichos is to Daven all the prayers of that day: Some have a custom that the same person which serves as the Chazan for Selichos also serves as the Chazan for the remaining prayers of the day.[91] [Practically this is no longer accustomed today.[92] However there do remain communities even today that follow this custom.[93]]

Spiritual preparation:[94] Three days prior to Rosh Hashanah and Yom Kippur the Chazan must remove himself from all matters of impurity [including marital relations[95]] and he must add in all matters of holiness.[96] The Rashbi did not desire to hear a prayer from a Chazan that did not spiritually prepare himself three days beforehand. The Chazan should study the Kavanos of the prayers from the Zohar.[97]

 

 Q&A

Can a single individual oppose the appointment of a Chazan?[98]

No. In today’s times we no longer allow the claim of an individual to refrain a Chazan from being appointed and rather one is to follow the majority opinion of those which pay the Chazan’s salary [i.e. the Shuls members]. In some communities these decisions are given to the members of the board and they follow the majority opinion.

May a community appoint a different person as Chazan if there is already a Chazan that annually recites Selichos?[99]

The custom is to not remove a set Chazan from his position in the place of someone else.[100]

 

Can a set Chazan decide to no longer Daven for the Amud?

Some Poskim[101] rule that if a Chazan decides to quit his position then he is to perform Hataras Nedarim. This however only applies if he is still fit for the job and is thus able to be Chazan if he desired. If however he is old, or sick or moved to a different area then he is not required to do Hatara.

 

Is a set Chazan able to delegate the merit to another person in his place?

No. The ability to appoint a replacement Chazan is given only to the community members.[102] However he is able to appoint his son in his place so long as he has a normal voice.[103]

 

If the appointed Chazan passes away does his son automatically merit the position?[104]

Yes. A son inherits his father’s position even if he does not have as good of a voice as his father so long as he does not have a bizarre voice. However, this only applies to a community that does not have a set custom in this regard. If, however the custom of the community is known to be otherwise then the custom is to be respected and the son does not inherit the position. 

 

May an Avel be Chazan?

Rosh Hashanah and Yom Kippur: It is forbidden for an Avel[105] to Daven for the Amud on Rosh Hashanah or Yom Kippur.[106] This applies even for Pesukei Dezimra.[107] This applies even if he is the set Chazan of the Shul.[108] Some Poskim[109] however rule that if he is the set Chazan then if he is past Shiva but within thirty days of Aveilus for other relatives then he may be Chazan on Rosh Hashanah or Yom Kippur.[110] Some[111] rule that this allowance applies even if the set Chazan is within his year of Aveilus for one of his parents. Practically the Chabad custom is like this latter opinion that if he is the set Chazan from years prior then he is to continue to Daven for the Amud on the high holidays even if he is within his year of Aveilus.[112]

Days of Selichos-Aseres Yimei Teshuvah: An Avel may be Chazan during the days of Selichos, including Erev Rosh Hashanah and Erev Yom Kippur.[113] Nevertheless some are accustomed that an Avel[114] does not lead the prayers at all during the Aseres Yimei Teshuvah, neither for Selichos or for any of the prayers of the day.[115] Furthermore some places are accustomed that the Avel does not lead the prayers starting from the first day of Selichos before Rosh Hashanah and they only go up for Ashrei and Uva Letziyon.[116] Some Poskim[117], however, negate the validity of this practice and rule an Avel is to continue being Chazan during these days. [The Chabad custom is that the Avel leads the prayers on all of these days, including Erev Rosh Hashanah and Erev Yom Kippur.[118]]

During Shiva: Some Poskim[119] write that an Avel which is within Shiva is not to lead the prayers of Selichos or any of the prayers of the day during the days that Selichos is recited. [The Chabad custom is that the Avel leads the prayers on all of these days, as stated above.]

May an Avel be the Baal Korei on Rosh Hashanah or Yom Kippur?[120]

It is permitted for an Avel to be a Baal Korei on Rosh Hashanah or Yom Kippur even if he is within his seven days of Aveilus.[121]

 

May a Shochet be a Chazan for Rosh Hashanah?

Some[122] write a Shochet should not be Chazan during the period of Rosh Hashanah. The Rebbe Rashab however was not particular in this matter and on the contrary once asked particularly for the Shochet to be Chazan.[123]

 

K. Selichos on Erev R”H:

In the morning of Erev Rosh Hashanah a lengthy Selichos is recited[124] which incorporates Tachanun.[125] This applies even if one is reciting Selichos after Alos.[126] However by Shacharis of Erev Rosh Hashanah Tachanun is omitted.[127]

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[1] Drasha of Rav: Some Poskim write the Rav is to give a speech on the Shabbos before R”H in order to arouse the people in repentance. This has support in the Midrash which states that when the Sage expounds the laws to the public Hashem forgives their sins. [Mateh Moshe 833; Kneses Hagedola 602:4; Elya Raba 603:2; Kaf Hachaim 602:10]

[2] Magen Avraham 417:1; Levush 421:1; 581:1; Mateh Efraim 581:47

[3] The reason: The reason for this is because the verse in Psalms states on Rosh Chodesh “Bikese Leyom Chageinu” which implies that Rosh Hashanah is to be concealed. Hence, we do not announce the date of Rosh Chodesh which is the date of Rosh Hashanah. [Magen Avraham ibid] The reason we desire to conceal Rosh Hashanah is in order to confuse the Satan and prevent him from prosecuting against us on that day. [Levush 421:1]. The Rebbe explains that the Satan is confused by the lack of mentioning Rosh Chodesh as he now becomes even more convinced that the Jews are positive that their judgment has been sealed for good, and it is for this reason that they are not doing the Mitzvah of Rosh Chodesh. This hence weakens the Satan’s prosecution, being that he suspects that perhaps the judgment has already been secured. It also diminishes the Satan’s personal prosecutions as he sees that they are lacking the merit of Rosh Chodesh and hence a strong prosecution is not that necessary. Nevertheless, in truth the above explanation does not suffice to justify annulling a custom of Jewry as practically we are now lacking the Avoda of Rosh Chodesh. Thus, in truth the intent of not mentioning Rosh Chodesh is to arouse one in Teshuvah, so we become broken over the Mitzvah that was removed from us. It is this Teshuvah that is done due to feeling broken hearted that capsizes the Satan’s prosecution. [Likkutei Sichos 24 printed in Shaar Hamoadim Rosh Hashanah 5]

The Chassidic reason: See Sparks of Chassidus!

[4] Sefer Haminhagim p. 115 [English Edition]; Takanos of Rebbe Rayatz printed in Otzer Minhagei Chabad 81

[5] Mateh Efraim 581:47; Shaareiy Efraim 10:35; Toras Menachem 1990 4:299 [Sichas Netzavim Vayeilech; brought in Shaareiy Halacha Uminhag 5:68; Shulchan Menachem 3:75]

[6] The reason: Although on a regular Shabbos Mivarchim the paragraph of Av Harachamim is omitted, nevertheless since on this Shabbos the month is not verbally blessed in Shul therefore one is to recite this paragraph.

[7] This especially applies when this Shabbos is also Shabbos Selichos of which Chassidim were always accustomed to have a Farbrengen on this Shabbos. [See Hisvadyos 1951 2:327; 1982 4:2253; 1983 4:2045]

[8] Hisvadyos 1988 4:376

[9] 295:3 regarding every Yom Tov; Mateh Efraim 581:47; See “The Laws and Customs of Motzei Shabbos” chapter 1 Halacha 4 further details on this subject!

[10] This includes also the prayer of Ata Kadosh. The reason it is accustomed to omit also Ata Kadosh is because the prayer of Ata Kadosh is said as a result of saying the prayer of Vayehi Noam. As once the Shechina resides below, as is stated in the prayer of Vayehi Noam which discusses the Mishkan, it is then fit to sanctify it with the prayer of Ata Kadosh. Thus since Vayehi Noam is omitted, [for the reason to be explained in the next footnote] so too we omit Ata Kadosh. [ibid]

Other Opinions: The above follows the Ashkenazi custom, as brought by the Tur. However the Sefardi custom is to only omit Vayehi Noam and Yosheiv Beseiser and they begin from Orech Yamim, and then say Ata Kadosh. [Tur] Some however say the Sefaradi custom is to recite it entirely, as rule the Sefaradi sources brought in the next footnote. [Piskeiy Teshuvos 294:2]

[11] The reason: The reason for omitting Vayehi Noam is because within the prayer we say twice “And the work of our hands”, hence all the days of the coming week have to be fit for work. If they are not all fit for work then we simply omit the prayer. [ibid; See Piskeiy Teshuvos 294:2 for a thorough analyses on this subject]

Other Opinions: Some, based on Kabala of Arizal, always recite the prayer of Vayehi Noam on Motzei Shabbos, even when a Holiday falls that week, and even on Motzei Shabbos Chol Hamoed. Nevertheless in such circumstances they recite it quietly. Their reasoning is because Vayehi Noam affects the influence of Shabbos on the weekday which is needed every week, without exception. [Birkeiy Yosef brought in Shaareiy Teshuvah 295:2; Kaf Hachaim 295:9-10]

[12] So rules Admur ibid regarding all Holidays; M”E ibid regarding Rosh Hashanah; M”E 602:45 regarding Shabbos Shuva; See Otzer Minhagei Chabad p. 170 for difference in practice of the Rebbe over the years by Shabbos Teshuvah

Other Opinions: Some rule that even in such a case that Yom Tov falls on Shabbos, Vayehi Noam is omitted the Motzei Shabbos prior to it. [See Kaf Hachaim 295:6]

[13] Hayom Yom 25th Elul; Sefer Haminhagim p. 115 [English]

[14] Likkutei Taamim Umekoros of Selichos; See Otzer Minhagei Chabad 58 for an exact list of all the differences in Nussach.

[15] M”E 581:18; Likkut Taamim of Rebbe

[16] 602:3 [regarding Selichos of Aseres Yimei Teshuvah]; Rama 602:1; Brought in Rokeiach; Levush 581; Darkei Chaim Veshalom 703

[17] Sefer Haminhagim p. 115 [English] based on Arizal in Peri Eitz Chaim 51; Peri Eitz Chaim 5:8; So rules also Ashel Avraham Butchach; Gr”a in Maaseh Rav; Kaf Hachaim 602:13; See Otzer Minhagei Chabad 66

The reason: As one who says Viduiy more than one time in a row is like an animal that is returning to sin. [Arizal ibid, brought in Kaf Hachaim 602:13]

[18] Sefer Haminhagim p. 115 [English]; So rules also: Kaf Hachaim 131:52 in name of Mamar Mordechai 131:10; and Shalmei Tzibur p. 151 “We are not accustomed at all to do Nefilas Apayim during Selichos” “In Yerushalayim and in all areas that I have passes I have never seen this done during Selichos”; See Otzer Minhagei Chabad 68; See M”A 131:9; Admur 131:4 regarding Nefilas Apayim at night.

[19] See Tzemach Tzedek [Nikolsburg] 50 that the Aron is opened by special Piyutim which require much concentration; Chikrei Haminhagim 1:159

[20] Likkutei Taamim Umekoros; Mateh Efraim 581:18

[21] Yehuda Ya’aleh 21; Chasam Sofer 166; Shemesh Utzedaka 23-24; Sefer Haminhagim p. 137 [English], See footnote there [531] for an analysis of all the sources that defend its practice; See Otzer Minhagei Chabad 69; Piskeiy Teshuvos 581 footnote 81

Background: In the statement Machnisei Rachamim one is requesting assistance from the angel Zevadya to guard him. This seemingly should be forbidden to be done, as one is to pray only to Hashem, and the angels have no power of their own. [See Yerushalmi Brachos 9:1 “Don’t scream to Michael or Gavriel, but to me”; Maharal Nesivos Olam Avoda 12; Shaareiy Rachamim 26 of Rav Chaim Volozhin and Maaseh Rav Sheilasos 128 [of Gr”a] who opposed the saying of Barchuni Leshalom for this reason] The explanation however is that the above prohibition is only if one Davens to the angle, however, to ask the angel to intercede on one’s behalf before G-d, is permitted. [See Sanhedrin 44b; Nefesh Chaim [Falagi] 32; Yehuda Ya’aleh 21; Chasam Sofer 166; Shemesh Utzedaka 23-24; Sefer Haminhagim p. 137 [English] and footnote 531] In any event we find many instances in Tanach, and in our prayers, in which we beseech the angels for help and blessing, with intent that they arouse mercy for us before G-d. [So said Yaakov Avinu in Hamalach Hagoel; So is said in the famous hymn of Shalom Aleichem, in the stanza of Barchuni Leshalom, in which we ask the angels for blessing; So is said in Selichos in the stanza of Machnisei Rachamim and in many other stanzas; See Yehuda Yaaleh ibid for a lengthy discussion on this subject]

[22] Maharal Nesivos Olam Avoda 12; Poskim in previous footnote

The reason: As one may not use the angels as an intermediary between him and G-d.

[23] Likkutei Taamim Umekoros

[24] Shaar Hamoadim Elul 71-77; Sichos Kodesh 1974 2:435

[25] As charity is not given at night until midnight. [ibid]

[26] Shaar Hamoadim Elul 77; Hisvadyos 1982 4:4522;

[27] The number three in general holds auspicious meaning, as we see from the Talmud that matters relating to the Jewish people come in threes. [i.e. 3 levels of lineage; 3 parts of Torah etc.] The Rabbeim would therefore at times begin their Rosh Hashanah Mamarim on the 3rd day of Selichos.

[28] Mateh Efraim 581:18; Kitzur Shlah Miseches R”H “It is proper to stand while saying Selichos, and one who is unable to stand is at the very least to stand while reciting Keil Melech Rachamim and Vayavor and the 13 Middos”

[29] See Beir Moshe 1:23 regarding standing when the ark is open.

[30] See Admur 607:7 “One needs to confess standing and is hence not to lean in a way that it supports him from falling”.

[31] See Halacha D in Q&A!

[32] Rebbe in Likkutei Taamim [brought in Shulchan Menachem 3:83] that “so is the custom in all places that I saw”

[33] Ashel Avraham Butchach 581

[34] M”E 581:17

[35] Bach; M”A 565:6; Gr”a; M”B 565:13; Elya Raba; Birkeiy Yosef 131:11; Kesher Gudal 19:10; Shalmei Tzibur 149; Zechor Leavraham 131:6 Kaf Hachaim 131:25; Yalkut Yosef Moadim 13 footnote 17; Mateh Efraim 581:21 and Chesed Lealafim 131:9 and Kitzur SHU”A 128:9 rule it may be said although one must skip “Uzechor Hayom Bris..”.

Other Opinions: Some Poskim rule one may not recite Selichos without a Minyan. [Rama 565:5; Taz 565:5]

Background:

The Rama 565:5 rules [in name of Or Zarua] that a Yachid may not say Selichos. The Taz 565:5 explains it is forbidden because one mentions in Selichos “Uzechor Hayom Bris Shlosh Esrei” which is forbidden to be said without a Minyan, just like the 13 attributes themselves. The Bach [brought in Taz ibid and M”A 565:6] however argues that Selichos may be recited, and so rules M”A 565:6 saying the intent of the Or Zarua and Rama was to negate saying Selichos in middle of Shemoneh Esrei. [See Gr”a; Shaareiy Tziyon 565:10] Practically Mateh Efraim 581:21 brings not to say “Uzechor Hayom Bris..” as rules Taz ibid. So also rules Chesed Lealafim 131:9 and Kitzur SHU”A 128:9. However the M”B 565:13 sides like the M”A ibid that one recites Selichos as usual, omitting only the 13 attributes itself. So rules also Elya Raba; Birkeiy Yosef 131:11; Kesher Gudal 19:10; Shalmei Tzibur 149; Zechor Leavraham 131:6 [brought in Kaf Hachaim 131:25]; Yalkut Yosef Moadim 13 footnote 17 that so is the custom.

[36] Michaber 565:5; Mateh Efraim 581:21; Kaf Hachaim 565:26 [this applies even during the Aseres Yimei Teshuvah].

[37] Rama 565:5; Kitzur Shlah Miseches Taanis

[38] Kitzur Shlah Miseches Taanis “One needs to tell the masses that should not say Keil Melech Yosheiv and Vayaavor”

[39] Sefer Hatanya 72; Elya Raba 581:9; Kaf Hachaim 581:26; Mateh Efraim 581:21; M”B 581:4; See however Hiskashrus 60 p. 20

The reason: The reason for omitting the Aramaic parts is because the angels do not understand Aramaic and will hence be unable to elevate these prayers. [see Admur 101:5; Shabbos 12a; Sotah 33; Mefarshim in Shulchan Aruch 101] The Kaf Hachaim ibid questions this ruling as why do we need the angels to understand our prayers. The prayers can be said directly to Hashem. Likewise this matter of omitting Aramaic when reciting Selichos in private is not brought in any other Poskim.

[40] Bach; M”A 565:6; Gr”a; M”B 565:13; Elya Raba; Birkeiy Yosef 131:11; Kesher Gudal 19:10; Shalmei Tzibur 149; Zechor Leavraham 131:6 Kaf Hachaim 131:25; Yalkut Yosef Moadim 13 footnote 17

Other opinions: Some Poskim rule one is to omit the words “Uzechor Hayom Bris Shlosh Esrei” upon saying Selichos without a Minyan. [Taz 565:5; Mateh Efraim 581:21; Chesed Lealafim 131:9 and Kitzur SHU”A 128:9 ]

[41] Mateh Efraim 581:17

[42] Alef Hamagen 581:33

[43] Mateh Efraim 581:17

[44] Alef Hamagen 581:35

[45] Alef Hamagen 581:34; See Admur 55:3

[46] Piskeiy Teshuvos 581:12

[47] Piskeiy Teshuvos 581:12

[48] See Yalkut Yosef Hilchos Rosh Hashanah footnote 7 for a great length on this subject; Birchas Aaron p. 242

[49] See Piskeiy Teshuvah 167; Rav SZ”A in Minchas Shlomo 9:1; Moadim Uzmanim 6:105; Mishpitei Uziel 1:5 [brought in Igros Kodesh 13:221 as opinion of Sephardim]; Beir Moshe 3:166-168; See Mishneh Sachir 30; Tzitz Eliezer 20:19; Ratz Katzevi 2:10; Piskeiy Teshuvos 56:3; Halichos Olam [Rav Slonim] 581:28 footnote 40 that one is not to join Selichos through the radio and the like, and is certainly not to answer Amen

[50] The reason: Being that there may be feces or idols that intervene between him and the area that the blessing or Minyan is taking place. [See Admur 55:22; Koveitz Ohalei Sheim 5:104; Halichos Olam ibid] Alternatively, this is because it is defined as an Amen Yesoma since the person is not in the same room as the person saying the blessing. [Piskeiy Teshuvah ibid; Minchas Shlomo ibid; Moadim Uzmanim ibid] Vetzaruch Iyun Gadol as to why being in a different area would make it an Amen Yesoma, contrary to the explicit ruling in Admur 55:22 based on the Gemara and Poskim

[51] Minchas Elazar 2:72; Igros Moshe 2:108; 4:91; Yechaveh Daas 2:68; Yalkut Yosef R”H 7; Birchas Aaron p. 242; See Igros Kodesh 13:179 and 13:221 and Likkutei Sichos 21:497 [printed in Shulchan Menachem 1:81] that the Ashkenazim [i.e. Minchas Elazar of Hungary] are lenient in this, thus implying that the Rebbe rules like the opinion.

[52] The reason: This is permitted as a) There is no need to be in the same room as a person in order to answer Amen, [Admur 55:22] Now, although most certainly there are feces or idol worship in-between, nevertheless we are lenient being that the phone wires that carry the voice bypass the feces and idols. This is in addition to that the wires are in the air, higher than ten Tefachim and is thus considered a different Reshus. [Minchas Elazar ibid; See Admur 345:17] b) There is no need to hear the actual voice of the person saying the blessing so long as one knows what blessing he is answering for. [Admur 124:11]

[53] So seems to be the leaning opinion of the Rebbe ibid and so was witnessed during the satellite hookup candle lighting of Chanukah in which the Rebbe answered Amen; See Piskeiy Teshuvos 56:3 that one may be lenient regarding Amen of a blessing [however not obligatory] however not regarding Kaddish and Kedusha

[54] Admur 124:11

[55] Heard from a media technician; Verified through sampling various live broadcasts and seeing a delay between different channels; See Shiureiy Rishon Letziyon [Rav Ovadia Yosef] p. 78 that one may not answer by radio due to delay, although one may answer through satellite being that there is no delay. Rav Yaakov Yosef stated similarly in his classes.

[56] Admur 18:4; Taz 581:2; M”A 18:1; 581:4 writes that one is to don a Tallis at the time of saying the 13 attributes. This implies that all the congregants are to wear a Tallis and not just the Chazan. This however is not the custom.

[57] Igros Kodesh 16:97 [printed in Shaareiy Halacha Uminhag 1:119; Shulchan Menachem 1:63] based on R”H 17a; Tana Dvei Eliyahu Zuta 23; See Koveitz Oholei Torah 851 p. 5-26

[58] Such as when saying Selichos on Motzei Shabbos, or any night thereafter by Ashmuros Haboker.

[59] Taz 581:2; Mateh Efraim 581:14; M”B 581:6; See also Piskeiy Teshuvos 18 footnote 16 in name of Maharshal 68 that it is forbidden to do a Mitzvah without a blessing]

The reason: There is a dispute as to whether one is to recite a blessing when wearing a Tallis at night. [This is based on the dispute in whether the Mitzvah of Tzitzis applies at night.] Thus in order to avoid a questionable blessing the Taz rules that one is to borrow a Tallis from another person as when one borrows a Tallis to Daven for the Amud one is not required to say a blessing. [See Admur 14:8]

Other Opinions: The Levush [brought in Taz ibid] rules one is to wear a Tallis without a blessing and does not mention the need to borrow the Tallis from another. [So seems to also rule Igros Moshe 2:137; Kaf Hachaim 8:1; See Tehila Ledavid 18; Piskeiy Hasiddur 42] According to the M”A [14:6] which rules that even by a borrowed Tallis a blessing is said, there is no advantage in using another person’s Tallis. [Machatzis Hashekel 581 “Tzarich”] According to some Poskim one is never required to say a blessing when wearing a Tallis for Kavod purposes and therefore there is no need to borrow a Tallis from another. [Shaareiy Efraim 10:11; Biur Halacha 14:3 “Sheila”; brought in Ketzos Hashulchan 7 footnote 28; Shoel Umeishiv, brought in Piskeiy Teshuvos 14:8] It is evident however from the Poskim that they argue on this ruling. [See Ketzos Hashulchan ibid that negates the proofs of the Biur Halacha ibid; See also Admur 14:8; 18:3; 18:7; M”A 14:6; Taz 581:2; Mateh Efraim 581:14 from which it is proven they learn a blessing can be made when wearing a Tallis for Kavod. See also Igros Kodesh 19:249 [printed in Shulchan Menachem 1:63] that the Rebbe mentions the dispute in whether a blessing is made when the Chazan wears a Tallis for Davening. The above clearly negates that which is written in Hiskashrus that according to Admur there is no need to borrow another person’s Tallis as Admur rules a blessing is not said over a Tallis when it is worn for Kavod.

Opinion of Admur: In the laws of Tzitzis 18:4 and 18:7 Admur rules one is to wear a Tallis at night for Kavod purposes [i.e. Maariv; Selichos] without a blessing. He does not mention that one is to borrow another person’s Tallis in order to avoid a questionable blessing. Likewise in 18:6 Admur writes one may wear a Tallis before Mi Sheyakir, without a blessing, and in the Siddur Admur writes there is no problem in removing a pair of Tzitzis at night and then wearing it again. The above rulings imply there is no need to borrow someone else’s Tallis when reciting Selichos before Alos. This follows the ruling of the Levush ibid. Vetzaruch Iyun!

[60] Mateh Efraim 581:14; See Ketzos Hashulchan 7:9 from Derech Hachaim; Kitzur SHU”A 9:11

The reason: As the Tallis of the Shul is not considered borrowed but rather of joint ownership and is hence similar to a Tallis that one owns.

[61] See Admur 18:7

[62] See “other opinions” and “opinion of Admur” mentioned in previous footnotes.

[63] Admur 18:7; See also Admur 8:20; 8:29; Rama 8:16 that the shaking is done prior to the blessing.

Must one rewrap himself with the Tallis? The Mateh Efraim 581:14 writes that one is to remove the Tallis from his head when Alos arrives, say the blessing of Lehisateif Betiztzis, and then replace the Tallis back on. This matter is omitted from Admur. The Alef Hamagen 581:30 comments on the Mateh Efraim ibid that according to the Poskim in 8:16 it is not necessary to remove the Tallis from the head. Vetzrauch Iyun according to this how simply shaking the Tzitzis suffices to be allowed to say the blessing of Lehisateif Betzitzis? 

[64] This applies even if the Chazan does not plan on Davening with the Tallis (such as when a Bochur is Chazan), as the main opinion is that a blessing may be said even when wearing a Tallis for the sake of Kavod. [see Poskim in previous footnotes] Vetzaruch Iyun if it is initially best for a Bochur to borrow the Tallis in order to avoid the dispute brought in previous footnotes regarding whether a blessing is recited over a Tallis that is worn for purposes of Kavod. Now although it is evident from Admur ibid that a blessing is recited nevertheless I did not see any Poskim which use the rulings of the Poskim in chapter 14 as a proof against the opinion that holds a blessing is not recited. Vetzaruch Iyun. Practically if one consciously wears the Tallis with intent to fulfill the Mitzvah, in addition to Kavod, then certainly a blessing may be recited even according to the Shaareiy Efraim, and thus it is proper to explicitly have this in mind when saying the blessing. [Piskeiy Teshuvos 14:8; Koveitz Mibeis Levi 6:58]

[65] Admur 14:8; See M”E 581:15

[66] Ketzos Hashulchan 7:9 from Derech Hachaim; Kitzur SHU”A 9:11; See previous footnotes for the dispute in Poskim regarding if one may say a blessing when wearing a Tallis for Kavod. It is clear from Admur that a blessing may be said as explained there.

[67] Rama 581:1

[68] Mateh Efraim 581:22; P”M in A”A 585 [end]

[69] Nehar Shalom 581:3; Kaf Hachaim 581:32 based on Pischeiy Teshuvah Yoreh Deah 393:3 ; See also Michaber/Rama 393:3; Chayeh Adam 167:3; Kitzur SH”A 214:2; Gesher Hachaim 21:6; Nitei Gavriel Aveilus 112:7 which bring Poskim that allow going to Shul in order not to miss saying Kaddish, or hearing Kedusha. However other Poskim there argue that one may not go to Shul.

[70] Kneses Hagedola brought in Kaf Hachaim 581:35; See next footnote

[71] M”A 581:5; M”E 581:22; Kaf Hachaim 581:35. However in those areas that they do not increase in Selichos on these days then the Avel may not go to Shul. [ibid] See Admur 604:4 regarding Selichos on Erev Yom Kippur that some places lengthen in Selichos while others shorten the Selichos. Hence the ruling regarding Erev Yom Kippur would depend on the community. To note that the Chabad custom is not to recite any Selichos at all during Aseres Yimei Teshuvah and hence an Avel may not go to Shul on Erev Yom Kippur.

[72] Rama 581:1

The reason: As the lengthy Selichos is viewed with much importance in eyes of the public and if one were to miss it will cause him pain. For this reason, they were lenient for the Avel. [Machatzis Hashekel 581:5]

[73] Mateh Efraim 581:22

[74] M”E 581:22; Kaf Hachaim 581:35

[75] See Piskeiy Teshuvos 581:5

[76] Alef Hamagen 581:44; See P”M 131 M”Z 9

[77] Mahariy Asad 353

The reason: As one only omits the confession prayer within the regular set prayer of Shacharis or Mincha and not by the extra prayer of Selichos. [ibid]

[78] Alef Hamagen 581:44

[79] Mahariy Asad 353; Alef Hamagen 581:44; Piskeiy Teshuvos 581:5; See Taz 131:9; Yoreh Deah 384

Regarding Selichos of a Taanis Tzibur: Some Poskim rule Avel does not recite Selichos. [Ketzos Hashulchan ibid footnote 28 in name of Divrei Nechemia; Piskeiy Teshuvos 131:25] However from the Mahraiy Asad ibid it is implied that he recites Selichos.

[80] The reason: As these days are days of judgment and it is thus improper to arouse extra judgment during mourning. [ibid]

Other opinions: Some Poskim rule that the Avel is to recite Selichos and Viduiy [P”M 131 M”Z 9 based on Levush; See Piskeiy Teshuvos ibid footnote 147]

[81] Rama 581:1

Why are we lenient today in the criteria of appointing a Chazan? The Gilyonei Mahariy, [brought in Piskeiy Teshuvos 581 footnote 39] writes that the Chasam Sofer stated that this only applied in times that the Chazan fulfilled the obligation for the public, however today that every person Davens his own prayer and the Chazan is not Motzei the public we are more lenient regarding the criteria.

[82] Rama ibid

The reason: As at thirty years old one’s heart is softer and more subjugated and humbled before G-d. [Elya Raba 581:15] This is the age that  Levi can serve before G-d in the Temple.

Other opinions: The Kol Bo 68 rules that he is to be 25 years old, and 30 years old is a Mitzvah Min Hamuvchar. [Elya Raba 581:15; Kaf Hachaim 581:41]

[83] The reason: This is similar to the Kohen Gadol which had to be married as being married saves one from sin. [Kol Bo ibid; Elya Raba ibid]

A widower: It has been witnessed that widowed Rabbanim served as Chazan for Musaf of Yom Kippur. [Birkeiy Yosef 581:11; Shaareiy Teshuvah 581:7; M”E 581:27] Nevertheless initially a widower is not to be chosen as Chazan. [M”E ibid]

One who is married to two women: Some Poskim rule that if one is married to two women, such as in some Serfaradi community, or based on the Heter of 100 Rabbis, he is not to be Chazan on the High Holidays. [Shvus Yaakov 1:29; Shalmei Tzibur 303] Others however argue that they are valid to be Chazan. [Birkeiy Yosef 581:13] The Shaareiy Teshuvah 581:7 and Mateh Efraim 581:28 conclude that one is to be stringent, although if he is already the appointed Chazan then he is not to be removed from his position. See Kaf Hachaim 581:45

One whose wife is not in town: It makes no difference if the wife of the Chazan is in town or not. However, if the person is separated from his wife then he is not to be appointed as Chazan. [M”E 1:29; Kaf Hachaim 51:46]

Other criteria mentioned in Poskim: He should be of upright lineage-Tzaddik Ben Tzaddik. [Alef Hamagen 581:52; Avnei Nezer 30] He should immerse in a Mikvah before Shacharis. [M”E 584:2] He should not be a Shochet, although many are lenient in this. [Sdei Chemed Rosh Hashanah 13:11; Alef Hamagen 581:55; See Tzur Yaakov 1:129] He should have a nice voice. [See 53:14-15; See Avnei Nezer 1:30] See chapter 53 for other conditions mentioned for a Chazan throughout the year; See Sdei Chemed Asifas Dinim Rosh Hashanah 3:6 that by the Yamim Noraim the Chazan is to have the same criteria as the Chazan that leads a public fast day prayer that was established in light of tragedies, as explained in 579:1. See there for a list of criteria.

[84] M”B 581:13; Thus if one can choose a married thirty year old Chazan who is a simpleton, or a single young learned and G-d fearing Jew than the latter is to be chosen. [ibid]

[85] Sheivet Halevi 5:66

[86] Alef Lamateh 581:24

[87] Aruch Hashulchan 581:5, based on Magen Avraham 53:20. Vetzaruch Iyun if Admur agrees with this opinion, as no mention of this logic is made in chapter 53.

[88] The reason: The reason for this is because prayer is like a Karban Tzibbur, and a Chazan that hates a member of the congregation causes a blemish in the Karban. The Karban is thus invalid and the entire congregation is not Yotzei. [Beis Yosef in 53:19; Piskeiy Teshuvos 581:9; See Derech Mitzvosecha Mitzvas Ahavas Yisrael]

[89] Machatzis Hashekel 581:6; Sefer Chassidim 758; Chayeh Adam 138:4; M”B 581:11; Kaf Hachaim 581:52

[90] Kol Bo 68; Kaf Hachaim 581:40

[91] Rama ibid;

The reason: As one who began a Mitzvah is told to complete it. [Levush; M”A ibid] Alternatively it is similar to the Kohen that received the honor of the Terumas Hadeshen also receives the honor of the Siddur Maracha. Or it is similar to the Gemara [Megillah 24a] that states that the person who gets Maftir should also Daven for the Amud for Musaf in order to give him a proper honor. [Binyan Shlomo 37] Or it is because it used to be that the person who recites Selichos also fasts on that day, and it is hence proper to have him Daven all the prayers. [Shearim Hametzuyanim Behalacha 188:6 [KU”A]

Which prayers does this refer to? This refers to [Shacharis, Mincha] and even Maariv. [M”A 581:7] This refers to the Maariv prior to that day’s Selichos. [Kol Bo; Darkei Moshe; Elya Raba 581:17; P”M 581 A”A 7; M”B 581:14] However from the M”A ibid it implies that it refers to the Maariv of that day of Selichos. [Elya Raba ibid brought in Machatzis Hashekel] The Mateh Efraim 581:31 concludes that he is to Daven the Maariv beforehand and all three prayers of that day; Shachris Mincha and Maariv. [See Kaf Hachaim 581:53]

Does the Chazan for Selichos receive precedence over an Avel and the like? Some Poskim rule that the Chazan for Selichos receives precedence over all others. [M”A 581:7] Other Poskim however rule that a person with a Yartzite has precedence. [Elya Raba 581:17; P”M 581 A”A 7; M”B 581:14] Practically the custom is to give precedence to both an Avel and a person with a Yartzite. [M”E 581:31; Kaf Hachaim 581:54]

[92] Aruch Hashulchan 581:6; Binyan Shlomo 37; Sdei Chemed Klalim Rosh Hashanah 1:3; Tefila Kehilchasa 23 footnote 8 in name of Rav Elyashiv that so is the custom in Jerusalem not to be particular in this matter; Sheraim Hametzuyanim Behalacha 188:6 [KU”A]; Piskeiy Teshuvos 581:10

The reason: As the custom mainly applied in times that the Chazan was Motzei the congregation in the Amidah. [Binyan Shlomo ibid]

[93] Alef Hamagen 581:64 that “in our communities many are accustomed to do this”; The custom of Belz is to be particular in this matter. [Luach Dvar Yom Beyomo]

[94] Shlah brought in M”A 581:9; Kaf Hachaim 581:39 based on Zohar; Mateh Efraim 581:48

[95] Alef Lamagen 581:99

[96] See Gilyonei Mahariy, [brought in Piskeiy Teshuvos 581 footnote 39] that the Chasam Sofer stated that this only applied in times that the Chazan fulfilled the obligation for the public, however today that every person Davens his own prayer therefore every person needs to separate himself for three days, as each person is his own Chazan.

[97] Shlah ibid; M”A ibid brought in M”B 581:11

[98] Admur 53:23; M”A 53:20

Background:

From the letter of the law prior to appointing a set Chazan even an individual can withhold his appointment if he has a valid complaint against him which is brought to the community leaders and validated. However, this only applied in previous times that the individuals had holy intentions in their complaints. However today if we would validate the complaint of every individual no community would ever be able to appoint anyone, as each person places a blemish on the holy; this one complaining for this reason, the other complaining for that reason. Therefore, it became accustomed to follow the majority opinion of the paying members of the Shul. Once the Chazan has already been appointed by the community then even from the letter of the law we no longer regard the opinion of the individual. [Admur ibid based on Levush] The M”A ibid however gives a different reason for why today we no longer follow the individual. This is because the Chazan no longer fulfills the obligation for the public and the individual is not fulfilling his prayer through the Chazan.

Other Opinions: The Kaf Hachaim 53:86 rules, based on the Arizal, that even today an individual may oppose the appointment of a Chazan. His reason is because based on Kabala the recital of Chazaras Hashatz benefits also the individual and hence he has the right to oppose a specific person from being his messenger of performing this matter. [This however only negates the reason of the M”A ibid, however according to the reason of Admur based on Levush we never pay attention today to the individual.]

[99] M”A 581:6; M”B 5871:11; Kaf Hachaim 581:37; Admur 588:8 regarding a Baal Tokeia

[100] How many years considers one the set annual Chazan? Even one time. [Sheilas Yaavetz 2:69; Shaareiy Teshuvah 581:7; M”B 581:11; Kaf Hachaim 581:50; However see Admur 588:8 regarding the Baal Tokeia “every year”. Vetzaruch iyun!]

[101] Ashel Avraham Butchach Tinyana 581

[102] M”B 53:82

[103] Admur 53:33

[104] Admur 53:33

Other Opinions: There are opinions that rule a son never inherits the position of his father as Chazan. [See Beis Shearim 271; Sdei Chemed Rosh Hashanah 2:21]

[105] This refers to a person that is within 12 months of mourning for his father or mother [M”A 581:4], and a person that is within 30 days of mourning for other close relatives. [M”B 581:7; Kaf Hachaim 581:33]

What is the law during the 13th month of a leap year? If the year one’s parents passed away is a leap year then, nevertheless after 12 months the son may Daven for the Amud on Yom Tov even though it is still prior to the first Yartzite. [P”M 660 M”Z 2; Piskeiy Teshuvos 581 footnote 81]

[106] M”A 581:4 [in name of Mahril 136; Darkei Moshe; Meil Tzedaka; Hagahos Maimanis]; M”B 581:7; M”E 581:23; Kitzur SH”A 128:8; Kaf Hachaim 581:33

The reason: As the attribute of severity hovers over the Avel for the entire period of his Aveilus. [M”E 581:23;]

If there is no other Chazan available: If the only available Chazan is an Avel then he may be Chazan on Rosh Hashanah or Yom Kippur. [M”B 581:7] This applies even if the Avel is within Shiva. [Gilyon Maharsha 376:14; Piskeiy Teshuvos 6581:13-as the Yom Tov nullifies the Shiva.]

If there is no other Chazan that is as proper as the Avel: The above law likewise applies if there is no other Chazan that is as proper, or as pious, or that contains as sweet of a voice as the Avel, in which case he may be Chazan even on Rosh Hashanah and Yom Kippur. [M”E 581:24-25; Kitzur SHU”A 128:8] This applies even if there is mere doubt as to whether the congregation will be pleased with a different Chazan. [M”E ibid]

[107] Gesher Hachaim 23:4-1

[108] Piskeiy Teshuvos 581 footnote 84 that the Poskim did not differentiate in this matter.

[109] M”E ibid; Kitzur SH”A ibid; Alef Hamagen 581:47

[110] The reason for this is because these Poskim are lenient to say that the festival nullifies the Shloshim also regarding prayer within 30 days. [ibid]

[111] Igros Kodesh 7:363 [printed in Shulchan Menachem 3:94]; See M”E 581:25 that rules if the Avel is the set Chazan for a number of years and needs the money for his Parnasa and is liked by the congregation then he may be Chazan.

Other Opinions: It is implied from Kitzur SH”A ibid and M”E 581:24 that the above allowance only applies to one that is within Shloshim of other relatives and not one that is within the year of Aveilus. However the M”E in 581:25 extends the Heter also to an Avel within his year of Aveilus, although with a few conditions as stated above.

[112] Based on directive of Rebbe and Rebbe Rayatz in Igros Kodesh ibid that a certain Chazan of 25 years was in Aveilus and he was told by the Rebbe to continue being Chazan.

[113] Elya Raba 582 [end]; M”B 581:7; Kitzur SHU”A 128:8; Kaf Hachaim 581:33; See Bach Yoreh Deah 384 that only mentions Shabbos; Yom Tov and Rosh Chodesh regarding the days an Avel avoids Davening for the Amud.

[114] This refers to any Avel, whether he is within Shloshim or within the year of his parents. [See M”E ibid]

[115] M”E 581:23

The reason: As the attribute of severity hovers over an Avel and it is thus not fitting to have him be the messenger of the public during these days that require G-d’s mercy. [Piskeiy Teshuvos 581 footnote 93] Others explain the reason is because the Rama rules that the person who leads the Selichos is to lead the prayers of the rest of the day. [Teshuros Shaiy 531] Accordingly today that this is no longer accustomed the Avel is to Daven for the Amud even according to this custom.

[116] M”E ibid; See previous footnote for reason.

[117] Noda Beyehuda 32; He writes that the public mistakenly compared these days to the days of Rosh Hashanah and Yom Kippur which are Holidays, and this is incorrect.

[118] Igros Kodesh 2:324; 8:236; 11:3 [brought in Shulchan Menachem 5:303]; Sefer Haminhagim p. 178 [English]

[119] Kitzur SHU”A 128:8; M”E 581:23; Piskeiy Teshuvos 581:14

[120] Piskeiy Teshuvos 581:13

[121] As the Yom Tov nullifies the Shiva.

[122] Orchos Chaim 581:7

[123] Igros Kodesh Rebbe Rashab 1:277

[124] Rama 581:1

[125] The reason Tachanun is recited in Selichos: The reason for this is because Selichos is completed prior to Alos. [Mahril] Now although at times it concludes after Alos, nevertheless since its main time of completion is before Alos therefore the Sages instituted to recite Tachanun even when it is concluded after Alos. [M”A 581:13; Elya Raba 581:33; Levush 581] This does not form a contradiction as in many instances we find there is a difference between morning and night. [P”M 581 A”A 13]

[126] Luach Kolel Chabad

Other Opinions: The Peri Megadim A”A 581:13 writes that the saying of Tachanun when reciting Selichos after Alos is slightly contradictory to the fact we do not say Selichos in Shacharis. However, see M”A ibid that one says Tachanun even if the Selichos continue past Alos. Vetzaruch Iyun. 

[127] 581:3

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