8. Kiddush Levana:[1]

Some Poskim[2] rule a mourner is not to recite Kiddush Levana during his seven days of mourning if the seven days will end prior to the 10th of the month. If, however, it will end on the 10th of the month or onwards, then he is to say it even within the seven days. [It may be said even within the first three days of mourning.[3] However some Poskim[4] rule it may not be said within the first three days of mourning, as brought below.] Other Poskim[5] rule a mourner may not say Kiddush Levana within the seven days of mourning even if there will only be one night remaining for him to say Kiddush Levana after the end of mourning. If, however, there will not be any days left after the mourning to recite it, then he is to do so during the seven days. Other Poskim[6] rule one is only to refrain from saying Kiddush Levana during the first three days of mourning, while after the first three days it may be said at any time.

Practical ruling: One may not say Kiddush Levana during the seven days of mourning if the period of mourning will end before the 10th night of the month. One may say Kiddush Levana within the seven days of mourning if the mourning period will end past the 15th night of the month. It is disputed if one may say Kiddush Levana within the seven days if it will end on the 10th night or onwards, prior to the 15th. One is to be lenient in months that are rainy and cloudy and there is chance that one may lose the opportunity to say Kiddush Levana.[7]

Q&A on Avel When a mourner says Kiddush Levana within his seven days of mourning is he to say it outside under the sky or in his house near a window? Some Poskim[8] rule the mourner may leave his house to say Kiddush Levana. Other Poskim[9] rule it is to be said inside the house near a window if it is possible to see the moon from there. If this is not possible then it may be said outside.[10] May an Avel during Shiva say Kiddush Levana with the Minyan/congregation? Some Poskim[11] rule it is permitted for him to say Kiddush Levana together with the congregation. Other Poskim[12] however rule he is to say it without a Minyan. [Practically, one may be lenient to say it with a Minyan in order to recite the Kaddish afterwards.]   May an Avel during Shiva say Shalom Aleichem in the Nussach of Kiddush Levana?[13] No. General Q&A May an Onen recite Kiddush Levana? No. If, however, this is the last opportunity to sanctify the moon, some Poskim[14] rule it is permitted to do so if the Onen gave over the funeral preparations to the Chevra Kadisha.[15] However, other Poskim[16] rule it is forbidden to say it even if this is the last opportunity. Practically, the custom follows the latter opinion.[17] Nonetheless, one who desires to be stringent upon himself to say it is to contact a Rav.[18]   Kiddush Levana near a cemetery:[19] One may not say Kiddush Levana in a cemetery. Rather he is to distance himself from it in order to say it.

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[1] See Beir Heiytiv 426:4; Shaareiy Teshuvah 426:2; Pischeiy Teshuvah 391:1; M”B 426:11; Nitei Gavriel 102:5

[2] M”A 426:4

[3] Implication of M”A ibid; Likkut Dinei Rosh Chodesh 12 footnote 56

[4] Shvus Yaakov 2:11, brought in Pischeiy Teshuvah 391:1

[5] Shaar Ephraim Yoreh Deah 4:95, brought in Pischeiy Teshuvah 391:1; M”B 426:11; Biur Halacha 426:2 “Kodem Tishe Beav” concords with his opinion

[6] Shvus Yaakov 2:11

[7] Mishneh Halachos 7:290

[8] Shaar Ephraim ibid brought in M”B 426:11; Birkeiy Yosef Y.D. 393 that one who is lenient to go out at night in a time of need [as rules the Rama 393:2] may likewise be lenient in this regard; P”M 426 A”A 4 based on Michaber Y.D. 393:2; Daas Kedoshim 341:4

[9] Elya Raba 426:15, brought in P”M ibid; Birkeiy Yosef Y.D. 393 that one who is stringent not to go out at night even in a time of need, is to say Kiddush Levana on his roof; See Divrei Nechemia Y.D. 33:26

[10] Kaf Hachaim 426:26

[11] Birkeiy Yosef Y.D. 393 that one who is lenient to go out at night is to be lenient in this regard; P”M 426 A”A 4 based on Michaber Y.D. 393:2

[12] Divrei Nechemia Y.D. 33:26; Daas Kedoshim ibid

[13] Shaareiy Ephraim ibid; Beis David 391 [Bistritzky; however see what he wrote in 376]; Nitei Gavriel Aveilus 37:11 and 107:8

[14] 2^nd opinion in Admur 71:1; Sefer Hachaim 71 brought in Daas Torah 71 and Nitei Gavriel ibid

[15] The reason: As it is a Mitzvah Overes, and by a Mitzvah Overes all agree that one may be stringent upon himself to say it.

[16] 1^st opinion in Admur ibid

[17] Admur ibid

[18] See Igros Kodesh 6:103 [brought in Shaareiy Halacha Uminhag Y.D. p. 364 and Shulchan Menachem 5:267] that the Rebbe followed the 2^nd opinion in Admur upon the passing of his brother.

[19] Kaf Hachaim of Rav Chaim Falagi 35:12, brought in Kaf Hachaim 426:26