From the Rav’s Desk: Began Kaddish without Minyan

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  1. Question: [Sunday 29th Sivan 5780]

What should be done if one began Kaddish without a Minyan? What if the person refuses to stop, should you still answer?

 

Answer:

The person must stop reciting the Kaddish if there was no Minyan to begin with, when he initially began saying it. If he does not stop, then no one in the congregation should answer Amen etc. When the tenth man arrives, he should then repeat it from the beginning. If, however, he began Kaddish with a Minyan and the Minyan then left, then he may continue, and one is to answer, as brought in the Talmud Yerushalmi, and Poskim.

The reason: As its forbidden to say a Davar Shebekedusha without a Minyan as evident from all Poskim, and brought in Noda Beyehuda, and one who does so is logically required to stop in middle, as rules Birchas Habayis. Furthermore, one should be required to repeat it from the beginning once a Minyan arrives, unlike the seeming Chidush of the Noda Beyehuda, which is questioned by the Shevet Halevi, and is said only regarding the repetition of blessings due to Bracha Levatala. And hence by Kaddish, of which there is no such Chashash, certainly it is to be repeated from the beginning.

Sources: See Admur 55:2-3; Birchas Habayis 42:6; Noda Beyehuda Kama E.H. 56; Shevet Halevi 4:14; Piskeiy Teshuvos 55:1

About The Author

Rabbi Yaakov Goldstein is a 6th generation descendent of the famous Chief Rabbi of Izhmir, Rav Yehoshua Avraham Krispin, who authored a number of Sefarim, and was a colleague of Rav Chaim Falagi, and father in-law of the Pesach Hadvir. He currently lives with his wife Shayna, and twelve children K”H, in Tzfas, Israel. Rabbi Goldstein received Semicha from Rabbi Schneur Zalman Labkowski of the Tomchei Temimim headquarters in 2005 and served as a chaplain in the Lotar/Kalatz and K9 unit of the IDF from years 2005-2008. He is also a certified Shochet, and has performed Hashgacha work in slaughterhouses. Rabbi Goldstein is the director of Shulchanaruchharav.com, the world’s leading web-based Halacha database, and is the director of the Home Study Semicha Program, a self-study web-based Semicha program. He is a prolific author of over 50 Sefarim studied by a wide range of readers throughout the world, which is used regularly in Semicha programs around the globe. He is a world renowned Posek, answering questions to a web-based market, and serves as a local Posek, Rav, and Lecturer, in the Tzemach Tzedek community Shul in Tzefas, Israel. His many classes can be heard both from his website, Vimeo and YouTube channel. Students can join live to classes given in the Tzemach Tzedek Shul, through the “בית חבד צפת Chabad Tsfat” YouTube channel.

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