A Chiyuv – The Mitzvah for an Avel to lead the prayers for Davening

* This article is an excerpt from the above Sefer

*As an Amazon Associate I earn from  qualifying purchases.

WhatsApp
Facebook
Twitter
Telegram

The Mitzvah to lead the prayers:

  1. Son of the deceased:[1]

An Avel [who is the son of the deceased, whether the deceased is his father or mother[2]], is to lead the prayers as Chazan for every weekday prayer[3], if he knows how to do so.[4] [This applies even if there are other potential Chazanim available.[5] He is to push himself to lead all the prayers, even if he does not have a good voice.[6]] Having the Avel [for a parent] lead the prayers is of greater benefit [to the deceased] than the saying of Kaddish Yasom, as Kaddish Yasom was mainly instituted for children [under Bar Mitzvah] who cannot yet lead the prayers. [The reason why Davening is beneficial for the soul is not because it contains a prayer or supplication of pardon on behalf of the deceased, but simply because the son is performing a great Mitzvah by Davening and sanctifying Hashem’s name in public, and every Mitzvah a son does benefits his parent. It is understood from here that the same applies towards any Mitzvah that a child does after the passing of his parent, that it brings his parent atonement and benefits his soul.[7] Furthermore, learning Torah and performing charity and good deeds is of even greater benefit for the soul than Kaddish Yasom and leading the prayers, as Kaddish Yasom was mainly instituted for children [under Bar Mitzvah], and hence one must place his emphasis mainly on these activities.[8]]

If the congregation does not desire the son to lead the prayers: An Avel cannot force a congregation to accept him as their Chazan, and therefore if they do not desire him to be Chazan and prefer someone else to be Chazan, he is not to lead the prayers.[9] Nevertheless, in today’s times we no longer allow the claim of a single individual to refrain a Chazan from being appointed and rather one is to follow the majority opinion of the Shul’s members.[10]

 

Q&A

How many sons of the deceased are to lead the prayers?[11]

If possible, all the sons of the deceased are to lead all the prayers throughout the entire Shiva and the first 11 months.

May an Avel move to an area without a Minyan if he is doing so for reasons of Parnasa?[12]

Yes. One may move cities for Parnasa purposes even if it will cause him to be unable to say Kaddish and lead the Minyan as Chazan. Nevertheless, he is to hire another person in his place, and if he has a strong level of Bitachon, should trust that Hashem will provide him with his needs in his area.

Should an Avel work in Shlichus, or teaching Torah, if it will come in the expense of Davening with a Minyan?[13]

Yes. The merit that spreading Torah gives the soul of the deceased is much greater than the Kaddish. One is therefore to hire someone to say Kaddish on his behalf and he is to continue his spreading of Torah.

 

May an Avel Daven past Zeman Tefila [but before Chatzos] for the sake of leading the Minyan?

Some Poskim[14] rule it is permitted to do so. Other Poskim[15], however, rule that one may not do so and is rather to Daven in private prior to Zeman Tefila, and say the Kaddeishim with the later Minyan.

From when should the Avel lead the prayers for Shacharis?[16]

From Hodu, which is the beginning of Pesukei Dezimra.

Should an Avel lead the prayers also for Pesukei Dezimra?

1.      Question:

I am within the year of mourning for my parent and I’m accustomed to lead the prayers daily for Shacharis. Sometimes I am a few minutes delayed for the start time of the minyan and I tell someone to begin Pesukei Dezimra, and that I will switch them by Yishtabach. I recite the Kaddish Derabanon without tefillin and then quickly put on my Tallis and Tefillin so I can catch-up in order to switch him. Someone however recently told me that this is not good thing that I should be praying for the Amud also for Pesukei Dezimra. Can you please clarify this matter?

 

Answer:

It is correct that is initially proper for you to lead the prayer starting from Pesukei Dezimra, and therefore you should place effort to arrive to shul on time in order to begin leading the prayers for Pesukei Dezimra. However, in the event that you came late, I do agree that the congregation is not required to wait to start the Minyan, and that you should do as stated above, unless everyone in the congregation is okay with waiting for you to begin.

Explanation:

It is an old custom recorded in the Shulchan Aruch and Poskim for a mourner for the passing of a parent to not only recite Kaddish at its set times, but also to lead the prayers for the Amud, and leading the prayer’s is an even greater merit for the soul of the deceased than is the recital of Kaddish. Now, regarding the question of from where the Chazan should begin leading the prayers. So on the one hand one can rightfully argue, as indeed some Poskim argue, that the main purpose of leading the prayer is to recite the various Kaddeishim which are meant to be recited by the Chazan, and hence there is no need for the mourner to lead the prayers also for Pesukei Dezimra. Furthermore, it used to be customary and so is the custom today in many Ashkenazi and Sephardic communities, for there to only be a Chazan starting from Yishtabach, and hence there was no Chazan at all for the recital of Pesukei Dezimra. Furthermore, even amongst those communities in which it was accustomed for there to be a Chazan for the recital of Pesukei Dezimra, they would often switch Chazanim for Yishtabach and onwards, hence emphasizing the idea that there is no need for specifically the mourner to lead the prayers of Pesukei Dezimra. However, practically, the widespread custom is for mourners to begin leading the prayer starting from Pesukei Dezimra. Now, while this can be argued as simply being a matter of technicality, in order so no one else take the Amud and that he guarantees that he be the Chazan for the remainder of the prayer, in truth we find sources which state that even leading the recital of Psalms is of merit to the soul of the deceased. Accordingly, it is praiseworthy for the mourner to begin leading the prayer starting from Pesukei Dezimra. Nonetheless, of course this does not override the needs of the community, and hence he cannot cause the minyan to be delayed because he is delayed in starting Pesukei Dezimra.

 

Sources: See regarding the mourner leading the prayers for Pesukei Dezimra: Leket Hakemach Hachadash Dinei Kaddish 59, Kuntrus Beis Avraham 59; Hagahos Yad Shaul Y.D. 376; Shaareiy Tzedek O.C. 8; Bera Mezakeh Aba p. 73 Nitei Gavriel 54:2 footnote 4; Should lead Mizmorim: Mavor Yabok Sefas Emes end of 21; Pesach Hadvir 284:9; No need: Ashel Avraham Butchach 53:20; See regarding the general law of the mourner leading the prayers: Rama Y.D. 376:4; Admur 53:26; M”A 53:24; Beis Hillel 384; Gilyon Maharsha 384; Nitei Gavriel 93 footnote 1 in name of: Shaareiy Deiah 383; Lechem Hapanim 383; Kneses Yechezkal 44; Beis Lechem Yehuda 376:7; Shalmei Tzibur p. 189b; Kitzur SHU”A 210:5; Teshuvah Meahava 1:50 and 3:384; Makor Chaim 282; Aruch Hashulchan 376:13; Dudaei Hasadeh 47; See Nitei Gavriel 53:1-8  See regarding the custom for the Chazan to only begin the prayers from Yishtabach or to switch Chazanim by Yishtabach: Admur 53:2; Ketzos Hashulchan 14:1 footnote 5; Piskeiy Teshuvos 53 footnote 9

  1. Ashreiy and Uva Letziyon:[17]

An Avel [for a parent] who does not know how to lead the prayers, is at the very least to try to lead the prayers for [Ashreiy] Lamnatzeiach and Uva Letziyon.

  1. Maariv of Motzei Shabbos:[18]

An Avel is to especially try to lead the prayers as Chazan by the Maariv prayer of Motzei Shabbos.[19]

________________________________________________________

[1] Rama Y.D. 376:4; Admur 53:26; M”A 53:24; Beis Hillel 384; Binyamon Zev 201-202; Gilyon Maharsha 384; Nitei Gavriel 93 footnote 1 in name of: Shaareiy Deiah 383; Lechem Hapanim 383; Kneses Yechezkal 44; Beis Lechem Yehuda 376:7; Shalmei Tzibur p. 189b; Kitzur SHU”A 210:5; Teshuvah Meahava 1:50 and 3:384; Makor Chaim 282; Aruch Hashulchan 376:13; Dudaei Hasadeh 47; See Nitei Gavriel 53:1-8

Other opinions: Some Poskim rule that even a son is not to Daven for the Amud during Shiva and that the custom is not to be Chazan anytime during the 12 months. [Bach 384 in name of Maharam that so is custom even though from letter of law is permitted]

[2] Poskim ibid in explanation of Rama; Implication of Rama ibid that this law refers only to a son, as he says that it is greater than the Avel saying Kaddish and only an Avel for a parent recites Kaddish; See however Admur ibid “If one is a mourner for a father, and desires to pray for the Amud as is done by mourners”

[3] Meaning, Shacharis, Mincha and Maariv. [Yeish Nochalin Hakdama]

[4] The reason it is allowed: Although an Avel is not found in a state of joy, nevertheless he may lead the prayers, and on the contrary it is best for him to do so being that he has a broken heart. [Maharshal 384; Derisha 384:3; Maharam Merothenberg 249]

[5] Beis Hillel 384; Gilyon Maharsha 384; Poskim ibid and footnotes of previous ruling

[6] Yeish Nochalin Hakdama

[7] Lechem Hapanim, brought in Beis Lechem Yehuda 376

[8] Kitzur SHU”A 26:22; Yosef Ometz p. 331, brought in Pnei Baruch 35 footnote 35; Chaim Bayad 115; Toras Menachem 1988 2:421, printed in Shulchan Menachem 5:309; Sefer Sukkas Shalom, brought in Nitei Gavriel 64, see there in length; See also Yeish Nochalin Hakdama [of Father of Shelah]; Introduction to Nitei Gavriel Volume 2 p. 17

[9] See Admur 53:26; Pela Yoetz Mareches “Amen” that if the son does not know how to verbalize the words properly, he should not be Chazan and should not say Kaddish

[10] See Admur 53:23; M”A 53:20

[11] Igros Kodesh 3:459 [published in Shulchan Menachem 5:305]

[12] Igros Kodesh 3:372 [printed in Shulchan Menachem 5:305]

[13] Igros Kodesh 19:272 and 291, printed in Shulchan Menachem 5:297

[14] Ashel Avraham Butchach 89

[15] Nimukei Orach Chaim 89:1; Pesakim Uteshuvos 240 footnote 285

[16] See Nitei Gavriel 54:2 footnote 4

[17] Rama ibid; Poskim ibid

[18] Rama ibid

[19] The reason: As this is the time that the souls return to Gehinnom, and when the son Davens and sanctifies Hashem in public, it redeems his father and mother from Gehinnom. [Rama ibid; Kol Bo]

About The Author

Leave A Comment?

You must be logged in to post a comment.