4. Laws and customs of the prayers:

A. Birchas Hashachar:

An Avel recites Birchas Hashachar as usual on each day of Shiva, with exception to the first day of Shiva, if the burial took place after daybreak, in which case Birchas Hashachar is not recited, as explained in Chapter 3 Halacha 24A!

Q&A Does a mourner recite the blessing of Sheasa Li Kol Tzarki during Shiva?[1] Yes. Does a mourner recite Birchas Hatorah on the first day of Shiva, after the burial? Yes. See Chapter 4 Halacha 24A!

 

B. Karbanos:

Some Poskim[2] rule an Avel is not to recite the Parsha of Karbanos, Eizehu Mikoman, Pitum Haketores [or Parshas Akeida[3], or the Terumas Hadeshen[4]] during Shiva.[5] Other Poskim[6], however, rule an Avel may recite Karbanos and Pitum Haketores as usual. Practically, a mourner who is particular to say it every day, is to say all the Karbanos and other parts of Davening.[7] [This, however, is with exception to the Yehi Ratzon which is said before the Parshas Hatamid and Eizehu Mikoman, and Ribono Shel Olam said after the Akeida, which are not said on all days that Tachanun is omitted, and is hence to likewise be omitted by the mourner.[8]]

 

C. Birchas Kohanim/Elokeinu/Nesias Kapayim:

Nesias Kapayim in Eretz Yisrael/Sephardim:[9] The custom is that an Avel who is a Kohen does not perform Nesias Kapayim during Shiva.[10] This applies even if the Avel is the only Kohen present in the Minyan [and even on Shabbos[11]].[12] [This applies even in those areas, such as Jerusalem, that are accustomed to performing Nesias Kapayim daily, or on Shabbos.[13] This applies even if the Avel is Davening in Shul during Shiva [see Q&A].[14] Likewise, in the Shiva home, many are accustomed that the Kohanim that are present by the Minyan do not perform Nesias Kapayim even if they are not Aveilim, even in those areas such as Jerusalem that are accustomed to perform Nesias Kapayim daily.[15] In such a case the Kohanim are to leave the Shul prior to the start of Ritzei.[16] If, however, the Kohen who is an Avel was told prior to the conclusion of Birchas Haavoda [i.e. Ritzei] to perform Nesias Kapayim, or to wash hands, he is obligated to perform Nesias Kapayim.[17] Regarding if the Avel performs Nesias Kapayim after Shiva, during his period of Aveilus, see Chapter 25 Halacha 6C!]

Elokeinu/Birchas Kohanim in Chazan’s repetition:[18] Some Poskim[19] rule that Elokeinu is not recited in the Shiva home during the Shacharis repetition, and rather the Chazan goes straight to Sim Shalom after completing the blessing of “Hatov Shimcha.” Others[20] however, rule that Elokeinu is to be recited. Practically, the custom is to omit Elokeinu.[21] [However on Shabbos, Elokeinu is recited even if one is Davening in the Shiva home.[22] The same applies on Purim and any time that public Aveilus is forbidden.[23]]

Summary: Nesias Kapayim is not performed in the Shiva home during Shiva even in areas that perform Nesias Kapayim daily, such as in Jerusalem. Likewise, Elokeinu is omitted from the Chazan’s repetition in the Shiva home, and rather the Chazan goes straight to Sim Shalom after completing the blessing of “Hatov Shimcha Lecha Naeh Lehodos”. If the Avel is a Kohen, he does not perform Nesias Kapayim even when Davening in Shul, and even if he is the only Kohen present, and even on Shabbos.   Q&A If the Avel is davening in Shul during Shiva, is Elokeinu to be recited and is Nesias Kapayim to be performed by the congregation in those places accustomed to do so?[24] Yes. Elokeinu is to be recited and Nesias Kapayim is performed in those communities accustomed to do so daily. This applies even if the Avel is the Chazan, nevertheless, he is to recite Elokeinu, and recite Yevarechicha for the Kohanim in areas that perform Nesias Kapayim. [Some however are accustomed to have another person say Yevarechicha for the Kohanim in such a case.[25]] Nesias Kapayim for the Avel if he is a Kohen: If the Avel is a Kohen and is Davening in Shul during Shiva, then he is to leave the Shul prior to Ritzei, as stated above. If, however, he is the Chazan in Shul and there are no other Kohanim in Shul, then he is to perform Nesias Kapayim in those communities accustomed to do so daily.[26]

D. Tachanun:[27]

Tachanun[28] [Lamnatzeiach[29], Keil Erech Apayim[30], Tefila Ledavid before Shir Shel Yom[31]] is omitted in the house of an Avel throughout the seven days of Shiva.[32] [This applies by all the prayers; Shacharis, Mincha, Kerias Shema Sheal Hamita. This applies even if the Avel is not participating in the Minyan, such as the Avel is a woman or child[33], and applies to all the rooms of the Shiva home even if the Avel is not present in that room.[34]] Even after the Minyan is complete, and the congregation returns home, they are not required to make up the recital of Tachanun.[35]

Q&A If a Minyan is taking place in the house of the deceased, but there are no Aveilim present who are sitting Shiva, is Tachanun to be recited?[36] If the deceased passed away in this home, then Tachanun is omitted. If, however, the deceased did not pass away in this home and there are no Aveilim in the home, then Tachanun is recited even though it is the house that the deceased lived in. Is Tachanun recited on the seventh day of Shiva if the Minyan for Mincha is taking place in the Shiva home?[37] No. If the Avel during Shiva comes to Shul to Daven, is Tachanun to be recited? The Avel:[38] The Avel does not recite Tachanun during Shiva irrelevant of where he Davens. The rest of the congregation: If an Avel is in a shul during the Shiva [and is not Davening for the Amud], some Poskim[39] rule that the congregation recites Tachanun.[40] Other Poskim[41] however rule that the entire congregation omits Tachanun just as is the law by a Chasan. [Practically, the rest of the congregation is to recite Tachanun, unless they have an accepted custom otherwise.[42] If, however, the Avel is Davening for the Amud, according to all Tachanun is omitted.[43] Likewise, if the congregation came to the Minyan in Shul specifically for the sake of the Avel, Tachanun is not recited.[44]] Q&A on Selichos Is Selichos of Elul/Aseres Yimei Teshuvah recited in the house of an Avel?[45] At the house of an Avel, Selichos is recited without the confession prayer [of Ashamnu] and without Nefilas Apayim.[46] However, some Poskim[47] rule that one is to recite the confession prayer within the Selichos recited prior to Davening. Some[48] 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. Some[49] are accustomed to reciting an abridged form of Selichos. Does the Avel recite Selichos?[50] Yes. An Avel recites Selichos, although he does not recite the confession prayer or Nefilas Apayim.[51] Is Avel to lead the Selichos prayer during Shiva? Some Poskim[52] write that an Avel who is within Shiva is not to lead the prayers of Selichos, or any of the prayers during the days that Selichos is recited. [The Chabad custom is that the Avel leads the prayers on all of these days.]   Is Selichos of a fast day recited in the house of an Avel?[53] At the house of an Avel, Selichos is recited[54] without the confession prayer [of Ashamnu] and without Nefilas Apayim.[55] Does the Avel recite Selichos? Some Poskim[56] rule the Avel does not recite Selichos. Others[57] rule the Avel is to recite Selichos without the confession prayer. Is Avinu Malkeinu recited in the house of an Avel?[58] Yes. May an Avel during Shiva recite the Seder Yom Kippur Katan on Erev Rosh Chodesh?[59] This matter is debated amongst the Poskim.

E. Hallel in the house of a mourner:[60]

Rosh Chodesh: The custom is to omit the saying of Hallel on Rosh Chodesh when praying in the house of a mourner.[61] [This applies even if the Avel is not participating in Minyan, such as the Avel is a woman or child.[62] This applies likewise to a Minyan taking place in the home of the deceased without any Aveilim, such as when there are no relatives sitting Shiva.[63]] Nevertheless, after each member of the congregation returns home, they are obligated to recite Hallel [with exception to the Avel].[64] [The above is the letter of the law. The worldly custom however is to ask the mourners to leave the room by Hallel, and have the Minyan say Hallel without them.[65] The mourners then return after Hallel and say Kaddish. Alternatively, the Minyan leaves to a different room for the saying of Hallel.[66] See footnote regarding the Chabad custom.[67] According to all customs, the Avel himself may not say Hallel on Rosh Chodesh.[68]] 

Chanukah:[69] During Chanukah, Hallel is recited in the house of the Avel just as it is recited in Shul.[70] The Avel is to also recite Hallel with the congregation.[71] He however does not lead the prayers for Hallel.[72] The people present are not to sing the Halel when it is being said in the Shiva home.[73]]

Q&A On Shabbos Rosh Chodesh, is Hallel recited when Davening in the Shiva home?[74] Yes. Even the Avel recites Hallel, as brought next! Does the Avel recite Hallel on Shabbos Rosh Chodesh?[75] Yes. Does the Avel recite Hallel on Rosh Chodesh if he is Davening in Shul during Shiva?[76] Yes. Does the Avel recite Hallel on Rosh Chodesh if it is the seventh day of Shiva? Some Poskim[77] rule he does not recite Hallel even after getting up from Shiva that day after Shacharis. Other Poskim[78] rule he is to recite Hallel after Shacharis. Some suggest that the mourners are to be comforted prior to Shacharis, or immediately after Shemoneh Esrei, and then say Hallel together with the Minyan in the Shiva home.[79] Does an Avel recite Hallel on Chol Hamoed, prior to the start of Aveilus on Motzei Chag?[80] Yes.

 

F. Torah Reading:

See Halacha 5!

G. Veani Zos Brisi in Uva Letziyon:[81]

One is to recite Veani Zos Brisi in Uva Letziyon.[82] However, some Poskim[83] rule one is to omit it just like on Tishe Beav.

H. Kaddish Tiskabel:[84]

One is to recite Tiskabel in Kaddish Shaleim that follows Uva Letziyon, and after Mincha, Maariv, even during Shiva. This applies even if the Avel is leading the prayers.[85] However some Poskim[86] rule one is to omit it just like on Tishe Beav.

I. Ein Kelokeinu:[87]

One is to recite Ein Kelokeinu after Shir Shel Yom, just as is done every day.

 

J. Aleinu:[88]

One is to recite Aleinu Leshabeiach, just as is done every day.

K. Daily Tehilim-Psalm 49:

Daily Tehillim:[89] The daily Tehillim [part of Chitas] is recited after Davening. The Avel however is to recite it quietly and have the last verse recited aloud by another person.

Psalm 49: In the house of a mourner, the congregation recites Psalm 49 after Shacharis and Mincha.[90] [It is recited after Mishnayos and Kaddish Derabanan.[91]]  The Avel is also to recite Psalm 49 after Davening and conclude the last verse out loud.[92] Kaddish Yasom is recited after the conclusion of the Psalm.[93] On days that Tachanun is omitted [i.e. Mincha Erev Shabbos, Rosh Chodesh, Chanukah, Purim, Nissan, Tishreiy, starting from after Yom Kippur, etc] Psalm 49 is not recited.[94] Many are accustomed to recite Psalm 16 in its place, which is then followed by Kaddish Yasom.[95] On Shabbos, Yom Tov, Chol Hamoed, and Purim, no Psalm is recited.[96]

Q&A When is Psalm 49 to be recited; Before or after the daily Tehillim; Before or after Mishnayos?[97] The order is as follows: 1. Daily Tehillim and Kaddish Yasom 2. Mishnayos and Kaddish Derabanan 3. Psalm 49 and Kaddish Yasom Is Psalm 49 recited on Mincha Erev Shabbos? No.[98] Many are accustomed to reciting Psalm 16 in its stead, which is then followed by Kaddish Yasom. Others do not say any Psalm in its place. If the Avel is Davening in Shul, should Psalm 49 be recited?[99] Yes. May the mourner recite chapter 20 in Tehillim, as usually done when Tachanun is omitted? Seemingly, it should not be said.

 

L. Mishnayos after Davening:[100]

The custom is for an Avel [of a parent] to recite Mishnayos after Davening of each prayer [Shacharis, Mincha, and Maariv] during Shiva, and throughout the 11 months, and on the Yahrzeit, as explained in Chapter 25 Halacha 8. During the Shiva, however, the Avel does not recite Mishnayos after Davening, due to his prohibition against learning Torah. Rather, one Mishnah is read aloud and the Avel then says Kaddish Derabanan. [The custom is to have another person in the Minyan, who is not an Avel, recite the last Mishnah of Mikvaos chapter 7 and the Agadic saying of Rebbe Chanania aloud, which is then followed by Kaddish Derabanan by the mourner.[101] This applies even on Shabbos during the Shiva.[102]] After the reading of the daily Tehillim by Shacharis [before Psalm 49], and after the last Kaddish Yasom by Mincha and Maariv, the Mishnah is read.

Learning Mishnayos in the Shiva home:[103] It is proper for those who are not Aveilim to learn Mishanyos in the Shiva home throughout the Shiva. [Some are accustomed to have the Minyan learn Mishnayos between Mincha and Maariv in the Shiva home. Some learn the Mishnayos in correspondence to the Hebrew name of the deceased. The Avel however may not participate in the learning being he is prohibited in Torah learning.]

M. Charity:[104]

One is to donate money to charity before or after each prayer, in merit of the deceased. It is better to donate a small sum of coins each day than to give a single lump sum. The amount given should be varied each time, so it does not enter the status of a vow. The accumulated moneys should be distributed to various charities on the eve of the following Rosh Chodesh.

_____________________________________

[1] Kaf Hachaim 46:17; Ben Ish Chaiy Vayeishev 9; Shalmei Tzibur; Birkeiy Yosef 46:3; Shaareiy Teshuvah 46:7; Kitzur SH”A 209:5; Chaim Beyad 125:14; Kaf Hachaim Falagi 9:11; Siddur Yaavetz; Kesher Gudal 5:19

[2] Custom brought in Admur 55:3, M”A 50:1, and Kneses Hagedola 50 regarding Eizehu Mikoman; Zichron Yitzchak 6, brought in Pischeiy Teshuvah 341:17; 384:2; P”M 1 A”A 11; Kitzur SHU”A 210:4; M”B 1:17 and 51:1; So rule regarding not saying Ketores on Tishe Beav: Rama 559:4 and M”A 559:7 and M”B 559:20; See Poskim in Nitei Gavriel 94 footnote 6 and 9

[3] Daas Kedoshim; Shulchan Hatahor 1

[4] Daas Kedoshim

[5] The reason: The reason for this is because it is forbidden for the Avel to learn Torah [Admur ibid] and it is not considered Seder Hayom, as not all people recite it daily, and it is thus considered like learning Torah. [M”A 559:7; M”B 559:20] Alternatively, it is because an Avel may not offer Karbanos. [P”M ibid; See Pischeiy Teshuvah ibid; Kitzur SHU”A ibid]

[6] Chomos Yerushalyim 14, brought in Pischeiy Teshuvah 384:2

[7] Admur ibid “This custom is incorrect, as whatever parts are considered Seder Hayom is not included in the Torah learning prohibition relevant to a mourner as explained in chapter 554 and Y.D. 384”; Ashel Avraham Tinyana 559 regarding saying Ketores on Tishe Beav being that today it has become like the Seder Hayom; See Nitei Gavriel 94:4 footnote 9

Custom of Rebbe Rayatz and Rebbe to say silently: During Shiva, the Rebbe Rayatz instructed for another person to conclude the Braisa of Rebbe Yishmael out loud. [Toras Menachem 41:44] Likewise, Pitum Haketores, and every Mishnah and Braisa, the Rebbe Rayatz had another person recite aloud. [Toras Menachem Reshimos Hayoman p. 413] The Rebbe is reported to have done the same, including by Pitum Haketores of Ein Kelokeinu. [Toldos Levi Yitzchak 2:411] See Shulchan Menachem 5:273

[8] Siddur Admur that on days that Tachanun is not recited these prayers are omitted.

Should the non-Mourners who are joining the Minyan also omit the Yehi Ratzon and Ribono Shel Olam? It is to be omitted in the Shiva home. [See Nitei Gavriel 101:2 in name of Poskim; Ketzos Hashulchan 14 footnote 1 regarding difference between Chasan and Bris, and seemingly here too it should be omitted as it arouses judgment in the home] Certainly, however, it may be said prior to reaching the Shiva home.

[9] Admur 128:55; Michaber 128:43; Ketzos Hashulchan 23:25; See Gesher Hachaim 20:3-5; Nitei Gavriel 95:5-6; Pnei Baruch 10:25; Piskeiy Teshuvos 128:87

Other opinions/customs: Some Poskim rule an Avel is obligated to perform Nesias Kapayim, even during Shiva. [Radbaz 2:1; Shulchan Gavoa 384:8; Kaf Hachaim 128:253 based on Poskim and Mekubalim; See Shalmei Tzibur p. 185] Some Jerusalemite families of Kohanim are accustomed to performing Nesias Kapayim during Shiva. Some do so only on Shabbos, and some do so even during the weekday. [Kaf Hachaim ibid; Gesher Hachaim ibid; Piskeiy Teshuvos 128:87] They are however not to perform Nesias Kapayim on the first day of Shiva. [Kaf Hachaim ibid; Piskeiy Teshuvos ibid]

[10] The reason: As he is not found in a state of joy, and a Kohen who blesses Klal Yisrael is to be found in a state of joy, and gladness of heart, as we find by Yitzchak who asked for delicacies to be made for him prior to him giving the blessings. [Admur ibid; M”A 128:64; Shivlei Haleket 23] However, from the letter of the law he is obligated to perform Nesias Kapayim. [Admur ibid]

[11] Pashut, as Admur applies it even on Yom Tov

[12] Admur ibid; M”A ibid; M”B 128:157

Other opinions: Some Poskim rule that on Shabbos or Yom Tov if he is the only Kohen in Shul, he is to perform Nesias Kapayim, as it is forbidden to show public Aveilus. [Aruch Hashulchan 128:61; Kaf Hachaim 128:256; Gesher Hachaim ibid; Beir Moshe 7:206; Piskeiy Teshuvos 128:87]

[13] Ketzos Hashulchan 23:25 and footnote 52 as so rules the Michaber

Other customs: Some Jerusalemite families of Kohanim are accustomed to performing Nesias Kapayim even when they are Aveilim during Shiva. Some do so only on Shabbos, and some do so even during the weekday. [Kaf Hachaim 128:253; Gesher Hachaim ibid; Pnei Baruch 10:27; Piskeiy Teshuvos 128:87] See Gesher Hachaim ibid and Nitei Gavriel 95:5 in name of Poskim that if he is the only Kohen in Shul, he is to perform Nesias Kapayim on Shabbos as otherwise it is public Aveilus. However, from Admur ibid it is clear that the above custom applies even if he is the only Kohen in Shul and even on Yom Tov. See Piskeiy Teshuvos 128:87 footnote 394 who records a dispute in Poskim on this matter.

[14] Gesher Hachaim ibid

[15] Custom of many, brought in Gesher Hachaim ibid; Pnei Baruch ibid; Nitei Gavriel 95:5; See Piskeiy Teshuvos 128:87 footnote 388

Other opinions/customs: Some rule that Nesias Kapayim is to be performed in the Shiva home in Jerusalem by Kohanim who are not Aveilim. [Shaareiy Teshuvah 122:1; Piskeiy Teshuvos ibid] So is the custom of the Sephardim. [Piskeiy Teshuvos ibid]

[16] Admur 128:55; M”A 128:4; Biur Halacha 128:43

The reason: In order so people do not say that [the reason the Kohen is not moving his feet prior to Ritzei is because] the Kohen is a Pagum. [Admur ibid; M”A ibid; Ketzos Hashulchan 23:25]

[17] The reason: In order so he does not transgress a Biblical command. [Admur ibid; M”A 128:4]

[18] See Gesher Hachaim ibid; Nitei Gavriel 95:1; Pnei Baruch 10:26

[19] Elya Raba 559:13 in name of Kneses Hagedola 559:11; 131:13; Shivlei Haleket Semachos 22; Tanya Rabasi 68; Shalmei Tzibur p. 185; Siddur Yaavetz; Siddur Derech Hachaim; Rav Akiva Eiger 131; Poskim in Nitei Gavriel ibid

[20] Degul Merivava 127; Chayeh Adam 27:25; Teshuvah Meahava 1:50; Shaareiy Teshuvah 122:1 that Minhag Yerushalyim is to say it; Kaf Hachaim 128:262; Gesher Hachaim 5 concludes it should be said; Poskim in Nitei Gavriel ibid

[21] Nitei Gavriel ibid; So is the widespread custom today, and so was done by the Rebbe when he led the prayers during Shiva; See Reshimos 5 [printed in Toras Menachem Tziyon p. 27] that Birchas Kohanim was not said when the Rebbe Rayatz sat Shiva for his mother

[22] Nitei Gavriel 95:4 in name of Yosef Daas 376

[23] Poskim ibid

[24] See Shaareiy Teshuvah 128:75; Gesher Hachaim ibid; Nitei Gavriel 95:2 and 6

[25] Nitei Gavriel 95:6

[26] Shaareiy Teshuvah 128:75 in name of Bigdei Kehuna 2; Kaf Hachaim 128:259

[27] Admur 131:5; Michaber 131:4; Taz 376:2; Shivlei Haleket 30; Rokeiach 316; Beir Heiytiv Y.D. 376:2; See Piskeiy Teshuvah 131:16; Pnei Baruch 10:20; Nitei Gavriel 95:7-10

[28] This includes Vehu Rachum that is recited on Mondays and Thursdays. [Admur ibid]

Yom Kippur Katan: See Pnei Baruch 10 footnote 43 regarding if an Avel may recite the Seder Yom Kippur Katan on Erev Rosh Chodesh

[29] P”M 131 A”A 10 and M”Z 15; Beis Yosef 393; See however Elya Raba 131:9; Poskim in Nitei Gavriel 98:3 footnote 7

[30] P”M 131 M”Z 15; Derech Hachaim; Kitzur SHU”A 25:2; M”B 131:35; Nitei Gavriel 97:9

[31] Siddur Admur; See Kaf Hachaim 131:58

[32] The reason: As the seven days of mourning are connected to the seven days of Yom Tov regarding the prohibition against doing Melacha, as the verse states “And I will turn your festival to mourning.” [Admur ibid] Alternatively, the reason is in order not to increase the judgment in the home. [M”B 131:30 in name of Levush]

[33] Ketzos Hashulchan 24:7; Derech Hachaim

[34] Shulchan Hatahor 131:10; Piskeiy Teshuvos 131:16

[35] Admur ibid; Taz 131:9; Mamar Mordechai 131:12; Chayeh Adam 32:33; Kitzur SHU”A 22:5; Kaf Hachaim 131:68

The reason: As Tachanun is meant to be recited immediately after Shemoneh Esrei, and hence once it is pushed off from its established place it is completely pushed off. The same applies for Vehu Rachum. [Admur ibid]

Other opinions: Some Poskim rule the congregation is required to make up the recital of Vehu Rachum. [M”B 131:30] Likewise, some Poskim rule after Davening one is to make up the recital of Tachanun. [Rokeiach, brought in Taz 376:2; Beir Heiytiv 376:2]

[36] Shaareiy Teshuvah 131:10 in name of Birkeiy Yosef and Peri Hadama that so is Minhag Yerushalayim; Ketzos Hashulchan 24:7 “House of deceased”; Kaf Hachaim 131:67 “Area of death”; Gesher Hachaim 1 20:3 and Piskeiy Teshuvos 131:16 footnote 90 explain that this law only applies to the house that the deceased passed away in.

Other opinions: Some Poskim leave this matter in question. [Elya Raba 13, brought in M”B 131:30]

[37] Ketzos Hashulchan 24:7; Derech Hachaim; Daas Torah 131 in name of Sefer Hachaim

[38] M”B 131:30; Kitzur SHU”A 22:5; Kaf Hachaim 131:60

[39] Kneses Hagedola 131:15; Elya Raba 131:9; Chayeh Adam 32:33; Kitzur SHU”A 22:5; M”B 131:30; Ketzos Hashulchan 24:7; Poskim in Kaf Hachaim 131:60

[40] The reason: As the attribute of judgment is not apparent outside of the Shiva home. [Kneses Hagedola ibid]

[41] Mamar Mordechai 131:11, brought in Kaf Hachaim

[42] Piskeiy Teshuvos 131:16; Nitei Gavriel 95:9; So is implied from Admur 131:5 who writes house of the Avel and not “and when there is an Avel in Shul” and so rules Ketzos Hashulchan ibid, however perhaps Admur ibid omitted an Avel coming to Shul being that an Avel may not leave the home; See Darkei Hachaim 21:3 regarding if the Avel is part of the ten men needed for the Minyan

[43] Gesher Hachaim 1:20-3-10 [11 in newer edition]; Piskeiy Tehsuvos ibid that so applies according to all; See Nachamu Ami 18:22; Pnei Baruch p. 115

Other opinions: Some suggest even in such a case for the Avel to remain silent while the congregation recites Tachanun and when they finish he reciting kaddish. [See Mahariy Asad Y.D. 371]

[44] Nachamu Ami in name of Shenos Chaim 8; Piskeiy Teshuvos ibid; Nitei Gavriel 95:12

[45] See Piskeiy Teshuvos 581:5

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

[47] 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]

[48] Alef Hamagen 581:44

[49] See Gesher Hachaim; Pnei Baruch 10:22

[50] 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 Mahariy Asad ibid it is implied that he recites Selichos.

[51] 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]

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

[53] Taz 384:1; Mahariy Asad 353; Ketzos Hashulchan 24:7 footnote 28; Alef Hamagen 581:44; See Taz 131:9; Yoreh Deah 384; See Piskeiy Teshuvos 131:25; 581:5; Nitei Gavriel 95:14

[54] Taz ibid; Poskim ibid

[55] Mahariy Asad 353; Ketzos Hashulchan 24:7; Alef Hamagen 581:44; See Taz 131:9; Yoreh Deah 384; Piskeiy Teshuvos 131:25; 581:5

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 Viduiy is to be recited. [P”M 131 M”Z 9 based on Levush; See Piskeiy Teshuvos ibid footnote 147]

[56] P”M 131 M”Z 12 [However see P”M 685 that the Avel himself may say Selichos]; Divrei Nechemia [Hashlama] 131:7; Ketzos Hashulchan ibid footnote 28 based on Divrei Nechemia ibid; Piskeiy Teshuvos 131:25; See Nitei Gavriel Aveilus 95:14

Regarding Selichos of Elul: Seemingly according to all the Avel is to recite Selichos without the Tachanun.

[57] Mahariy Asad 353; P”M 131 M”Z 9 based on Levush and in 685; Yehuda Yaaleh Yoreh Deah 353; Daas Torah 581; See Piskeiy Teshuvos ibid footnote 147; Nitei Gavriel Aveilus 95:14

[58] Elya Raba 131; Siddur Yaavetz; M”E 602:11; Shivlei Haleket Semachos 22; Otzer Minhagei Chabad p. 160 based on directive of Rebbe; Piskeiy Teshuvos 602:2; Darkei Chesed p. 161

[59] See Nitei Gavriel 102:4

^[60] Admur 131:5; See Nitei Gavriel 96; Pnei Baruch 10:28; Piskeiy Teshuvos 131:20

[61] Admur ibid; M”A 131:10; Taz 422:2 and in Y.D. 376:2; Rokeiach 316; Tanya 68; Kneses Hagedola 422:5; Peri Chadash 422:2; Elya Raba 131:9; Kaf Hachaim 131:61

The reason: The reason for this is because the rectal of the verse “Lo Hameisim YeHalleluka-The dead do not praise G-d” within the house of the mourner is making a mock of the deceased. [Admur ibid; Taz 422 ibid in name of Rokeiach] Alternatively, the reason is because the Beis Havel is not a place of Simcha. [Pardes Rashi; Shivlei Haleket 22; Rokeiach ibid] See Nitei Gavriel ibid footnote 1

Other opinions: Some are accustomed to reciting Hallel on Rosh Chodesh in the Beis Havel. [Minhag Sefarad brought in Kneses Hagedola and Peri Chadash ibid; Kaf Hachaim ibid]

Deceased is a child: See Gesher Hachaim 20:3 that if the child was below 6 years of age, Hallel is to be recited. See however Nitei Gavriel 96 footnote 4 in name of Makor Chaim that it is omitted even in such a case.

Shiva home is not the house of the deceased: See Darkei Chesed p. 171 who writes that if the Shiva home is not the house of the deceased than Hallel is recited, with exception to the Avel. Vetzaruch Iyun as I have not found such a source for this statement in Poskim, and it is also contrary to the simple meaning of Beis Havel!

[62] Shulchan Shlomo 131:4; Poskim in Nitei Gavriel 96:2

[63] Darkei Chesed p. 171

[64] Admur 131:5 in parentheses; Kaf Hachaim 131:61 “So seems to be the main ruling”; See Chikrei Halachos 7:28 that Admur placed this ruling in parentheses due to the dissenting opinions brought next; See Darkei Chesed p. 171 that one is not required to repeat Hallel afterwards

The reason: (As the obligation to recite Hallel applies throughout the day and is not obligated to be said immediately after Shemoneh Esrei. This can be seen from the fact that at times the Sages instituted for it to be said even before the prayer, as explained in 422. It goes without saying that it may be said after the prayer, anytime throughout the day. This applies even for one praying in private on Rosh Chodesh. It was only instituted to be said immediately after the prayers due to “Zerizim Makdimim Lemitzvos”. [It is thus not similar to the saying of Tachanun which is not repeated after leaving the house of the Avel, as Tachanun was instituted to be specifically said after Shemoneh Esrei and hence once it was differed it is no longer said even upon the individuals return home.] Furthermore, [it is not similar to Tachanun as] Tachanun was exempt from being said during its obligatory time due to the mourning of the Avel to which the day is like his holiday. However, Hallel was never exempted from being said and it is simply that it cannot be said in the house of the mourner due to “Loeg Larash”. Therefore, they are required to leave the house and read Hallel just like one who is praying on the road and met a cemetery immediately after Shemoneh Esrei in which case he must move away from the cemetery in order to say Hallel.) [Admur ibid parentheses in original]

Other opinions: Some Poskim rule one is not required to recite Hallel after leaving the Beis Havel. [Implication of M”A 131:10; P”M 131 A”A 10; M”B 131:20; Poskim brought in Kaf Hachaim ibid; Darkei Chesed p. 171]

[65] Noda Beyehuda Tinyana Y.D. 215, brought in Pischeiy Teshuvah 376:2; Kitzur SHU”A 207:6; Nimukei Orach Chaim 131; Gesher Hachaim 20:3-6; Darkei Chesed p. 171; Poskim in Piskeiy Teshuvos ibid footnote 120 and Nitei Gavriel ibid footnote 2; Pnei Baruch 10:28

Room of deceased: If the person passed away in the room that the Minyan is taking place, then it does not help to ask the Aveilim to leave the room, and rather they are to leave to another room. [Poskim in Pnei Baruch 10:28 footnote 62; Piskeiy Teshuvos ibid footnote 123; however see Noda Beyehuda ibid that permits it.]

[66] Divrei Yatziv Y.D. 241; Poskim in Pnei Baruch ibid; Piskeiy Teshuvos ibid

[67] Practically, the Chabad custom should follow the ruling of Admur above that Hallel is completely omitted and the congregants make up its recital after Davening when they return home. The ruling of Admur ibid does not coincide with the ruling of the Noda Beyehuda, being that he states the main reason for omitting Hallel is because the Avel is not in a state of joy, and hence if he leaves Hallel may be said. According to Admur however the reason is because of Loeg Larash, which would prevent it from being said in the Beis Havel even if the Aveilim leave the room; Nevertheless, Rabbi Leibel Groner replied to me regarding the Chabad custom that he has seen both customs performed, and he never inquired from the Rebbe as to what one should do. Rabbi Yosef Simcha Ginsberg replied to me that the custom is like the Noda Beyehuda to have the Avel leave the room and have Hallel recited. So writes also Darkei Chesed ibid

[68] Pischeiy Teshuvah 376:2 in name of Har Karmel

The reason: As he cannot say “Zeh Hayom LaHashem, Nagila Venismicha Bo”

[69] Admur ibid; M”A 131:10 in name of Tanya; implication of Rokeiach; Machazik Bracha 683; Poskim brought in Nitei Gavriel 96 footnote 7

Other opinions: Many Poskim rule Hallel is not recited in Shiva home even on Chanukah. [M”A ibid in name of Maharil and final ruling of M”A to only say after return home; Poskim brought in Nitei Gavriel 96 footnote 9]

[70] The reason: The above law of skipping Hallel in the house of an Avel only applies by Hallel said on Rosh Chodesh being that its obligation is merely due to custom. However, on Chanukah in which Hallel is said as an obligation due to Rabbinical decree, it is recited even in the mourners home, as even the mourner himself is obligated to recite it. [Admur ibid]

[71] Admur ibid; Poskim brought in Nitei Gavriel 96 footnote 7; However, see Darkei Chesed p. 171 that he is not to recite it, Vetzaruch Iyun!

[72] See Chapter 25 Halacha 3F!

[73] Nitei Gavriel 96:12 based on Sevara

[74] P”M 131 A”A 10; M”B 131:20; Kitzur SHU”A 207:7

[75] P”M 131 A”A 10; M”B 131:20; Mishmeres Shalom Hei 37; Kitzur SHU”A 207:7 regarding Beis Avel; Poskim in Kaf Hachaim 131:63 and Nitei Gavriel 96:6 footnote 10

Ruling of Admur: Tzaruch Iyun from Admur 472:5 in name of Chok Yaakov 480:2 who implies Hallel is not recited in the Shiva home even on Yom Tov and Shabbos unless it is a Hallel of Chova [Sukkos/Chanukanah/first days of Pesach]. This implies that on Rosh Chodesh he does not say Hallel even when it falls on Shabbos.

[76] Peri Hadama 1:45; Shalmei Tzibur p. 184; Mamar Mordechai 131:12; Kaf Hachaim 131:62; Poskim brought in Pnei Baruch 10:29; Nitei Gavriel 96:4

[77] Yosef Daas 378

[78] Pischeiy Teshuvah 376:2; Poskim brought in Pnei Baruch 10:30 footnote 67 and Nitei Gavriel 96:7

[79] Daas Kedoshim 376; Piskeiy Teshuvos 131:20; Poskim in Nitei Gavriel 96:9

[80] M”B 131:20; Poskim in Kaf Hachaim 131:63

Ruling of Admur: Tzaruch Iyun from Admur 472:5 in name of Chok Yaakov 480:2 that implies Hallel is not recited in the Shiva home even on Yom Tov and Shabbos unless it is a Hallel of Chova [Sukkos/Chanukanah/first days of Pesach]. This implies that on Rosh Chodesh he does not say Hallel even when it falls on Shabbos.

[81] See Pnei Baruch 10:21; Nitei Gavriel 98:4

[82] M”A 131:10; Elya Raba 559:9; Tur 559; Rokeiach 312; Poskim in Nitei Gavriel ibid; See Toras Menachem Reshimos Hayoman p. 413 that the Rebbe Rayatz instructed another person to say it [printed in Shulchan Menachem 5:273]

[83] Kneses Hagedola 131in name of Abudarham; Darkei Moshe 385; Mavor Yabok; Kol Bo Derech Hachaim;

[84] See Pnei Baruch 10:23; Nitei Gavriel 98:5

[85] Shut Rav Akiva Eiger Tinyana 24; Gesher Hachaim and Pnei Baruch 10:23 that so is the custom; Betzeil Hachochma 4:68; Nitei Gavriel ibid in conclusion; Yoman 1988 that the Rebbe asked Rav Groner to ask a Rav if it is to be said and Rav Groner answered that the Rav said it is said

[86] Mavor Yabok; Sefer Hachaim; Maharam Shick Y.D. 295

[87] See Ashel Avraham Tinyana 559 regarding Tishe Beav; Nitei Gavriel 94:10; 98:8 that so is custom

Other opinions: Some Poskim rule one is to omit it. [See Pischeiy Teshuvah 384:1 in name of Zichron Yitzchak to omit Pitum Haketores; Nitei Gavriel ibid footnote 18]

[88] Nitei Gavriel 98:8 that so is the custom

Other opinions: Some Poskim rule one is to omit it. [Mavor Yabok Anan Haketores 1]

[89] Custom of Rebbe Rayatz, written by the Rebbe in Reshimos p. 413 [printed in Shulchan Menachem 5:273] was to say it quietly; So was also the Rebbe’s custom, as told to me by Rav Groner “The Rebbe said Tehillim but did not say the last Pasuk out loud and rather someone else said it out loud.”; See the Yoman for 1988 that the Rebbe did not say the Tehillim [at least in a noticeable way]; From the  Rebbe’s answer to Rav Tzinner it is implied that the Rebbe held that the Tehillim is not to be said.

[90] Beir Hagoleh 393 as custom of Sephardim; Mavor Yavok Sifsei Tzedek 7; Kitzur SHU”A 207:5; Sefer Haminhagim p. 36; So was the custom during the Shiva of the Previous Rebbe; See Nitei Gavriel 99:1; Pnei Baruch 10:29

Other customs: Some are accustomed to reciting Psalm 49 before or after Maariv. [Beir Hagoleh ibid; See Gesher Hachaim p. 162; Pnei Baruch ibid] Some are particular not to say this Mizmor during Shiva. [Darkei Chaim Veshalom 1030]

[91] See Q&A!

[92] The custom of Rebbe Rayatz, written by the Rebbe in Reshimos p. 413 [printed in Shulchan Menachem 5:273] was to say it quietly, and have another person conclude it aloud; However, the custom of the Rebbe, as recorded in the Yoman of 1988, was to conclude the verse and then say Kaddish.

[93] Custom of Rebbe in 1988, see Hiskashrus 789; Nitei Gavriel 99:2

[94] Daas Kedoshim 376; Custom of Rebbe in 1988, see Hiskashrus 789 [However, see Reshimos p. 413 that Kapital 49 was said also by Mincha of Erev Shabbos, when the Rebbe Rayatz was in Shiva]; Gesher Hachaim p. 162; Nitei Gavriel 99:2; Pnei Baruch 10:29;

[95] Gesher Hachaim p. 162; Nitei Gavriel 99:2; Pnei Baruch 10:29

[96] Gesher Hachaim p. 162; Nitei Gavriel ibid; Pnei Baruch 10:29

[97] Custom of Rebbe in 1988, see Hiskashrus 789; See Shulchan Menachem 5:270 that the Rebbe in 1952, during the Shiva for his brother, said Psalm 49 directly after the Daily Tehillim and said one Kaddish Yasom for both; See Siddur Rav Raskin p. 189 who records a directive of the Rebbe and Rav Dworkin to say it after Mishnayos; See Nitei Gavriel 99:1 that some recite it after Shir Shel Yom in order to diminish in Kaddeishim; See Reshimos 5 [printed in Toras Menachem Tziyon p. 28] that when the Rebbe Rayatz sat Shiva for his mother the Mishnayos was said after Kapital 49

[98] Custom of Rebbe in 1988 [However, see Reshimos p. 413 that Kapital 49 was said also by Mincha of Erev Shabbos, when the Rebbe Rayatz was in Shiva]

[99] Nitei Gavriel 99:1

[100] Sefer Haminhagim p. 36; Glosses of Rebbe to Sefer Hamamarim 1949 p. 74 and 1950 p. 6; See Nitei Gavriel 99:3-8; Sephardim are accustomed to reciting Hashkava and Tziduk Hadin daily after Davening [Beir Hagoleh 393]

[101] See Admur 54:4; Ketzos Hashulchan 16:2; Nitei Gavriel 99 footnote 10-11; See there 99:6 that since the Avel may not listen to the Mishnah, therefore he should say a Mishnah from Moed Katan to himself; This however is not the custom-see Ketzos Hashulchan ibid in name of Chayeh Adam; See also Pnei Baruch 10:35 footnote 79

[102] See Nitei Gavriel 99:8 footnote 18

[103] Kitzur SHU”A 207:5; Aruch Hashulchan 378:8; See Nitei Gavriel 99:3

[104] Sefer Haminhagim p. 178 [English]