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B. Shacharis:
May one who is not fasting be a Chazan? One who is not fasting may not lead the prayers.[1] If however, there is no one else available, then he may do so.[2]
Avinu Malkeinu:[3] Avinu Malkeinu is recited after Selichos, prior to “Veanachnu Lo Nieda”. One continues straight to Veanchnu Lo Neida after Avinu Malkeinu and omits the short Avinu Malkeinu prayer normally recited prior to Veanachnu Lo Neida. It is recited even if one is not Davening with a Minyan.[4] The custom is to open the ark prior to its recital.[5] The custom is to stand during its recital.[6]
Torah reading:[7] The Torah portion of Vayichal is read during Shacharis.
Keil Erech Apayim: The prayer of Keil Erech Apayim is recited on Mondays and Thursdays prior to taking out the Sefer Torah.[8] Some[9] are accustomed to recite Keil Erech Apayim prior to Kerias Hatorah on fast days, even if it does not fall on Monday or Thursday. Some[10] are accustomed to recite it even by Mincha. Practically however, the widespread custom is to only recite the prayer by Shacharis of Mondays and Thursdays prior to opening the Aron, and not on a fast day that falls on a different weekday.[11] It is likewise not recited by Mincha of a fast day even if it falls on Monday or Thursday.[12]
The order of Davening if a Bris or Chasan is in Shul:[13] If a Bris is taking place on the 17th of Tammuz [or a Chasan is present] then Tachanun[14] [Lamnatzeiach[15] and Keil Erech Apayim[16]] is omitted [in that Shul] although Avinu Malkeinu is recited. [Regarding the Chabad custom: There were years that the Rebbe omitted Avinu Malkeinu during Aseres Yimei Teshuvah if a Chasan was present, or a Bris was to take place.[17] However, in other years the Rebbe recited it.[18]]
Q&A on Avinu Malkeinu Is Avinu Malkeinu recited in the house of an Avel?[19] Yes.
Q&A on Kerias Hatorah May one who is not fasting receive an Aliyah?[20] No.
May one who is not fasting read from the Torah?[21] No.
What is the law if one who is not fasting was accidently called for an Aliyah? If the fast is taking place on Mondays or Thursdays then by Shacharis he may receive the Aliyah.[22] By Mincha, and Shacharis of other days of the week, he is to refuse the Aliyah on the basis that he is not fasting. If he is a Torah scholar and fears telling the public that he is not fasting then he may receive the Aliyah. However initially anyone who is not fasting should avoid being in Shul during the Torah reading.[23]
If one accidently ate on a fast day but continued fasting, may he be called up for an Aliya?[24] Some Poskim[25] rule he may be called up for an Aliya. Other Poskim[26] rule he may not receive an Aliya. If he only ate a small amount, such as less than a Kezayis of food and the minority of a Revius of a drink, then he may receive an Aliya according to all.[27]
May the Torah be read by Shacharis and Mincha if not everyone in the Minyan is fasting? See Halacha C in Q&A!
What is the law if on a Monday or Thursday the congregation accidently read the weekly portion instead of Vayichal?[28] They fulfill their obligation. |
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[1] Michaber 566:5
[2] M”A 566:7
[3] Background of Avinu Malkeinu:
The Gemara in Tanis 25b states that one time a fast was decreed and they were not answered until Rebbe Akiva Davened for the Amud and recited the prayer of Avinu Malkeinu [the stanza of “Ein Lanu Melech Ela Ata” and of “Lemancha Rachem Aleinu”], upon which he was immediately answered. After the affect of this prayer was witnessed more stanzas were added. [Beis Yosef in name of Kol Bo; Kaf Hachaim 584:3; See Mateh Moshe 801; Shaar Hakolel 42:12]
The customs of reciting Avinu Malkeinu on a fast day: Regarding saying Avinu Malkinu by a fast day See Otzer Minhagei Chabad p. 163 that this is the current Chabad custom and the widespread custom of the world. However, the vintage custom in Chabad was not to recite either Selichos or Avinu Malkeinu on the day of a fast. [Igros Kodesh Rebbe Rashab 1:18] So was also the custom of the Gr”a [Maaseh Rav 49] The Rebbe Rashab once motioned to the Chazzan to not say Selichos or Avinu Malkeinu
Repeating the middle stanzas after the Chazzan: It is not our custom to repeat the middle stanzas aloud after the Chazzan. [Otzer Minhagei Chabad 203; See Shaar Yissachar p. 219 which protests against those which do so being that they only emphasize the stanzas dealing with physical benefit while those dealing with spiritual matters are said in regular tone.] However there are Poskim which write that the custom is to say it aloud. [Mateh Ephraim 602:13; Yalkut Avraham 584; Piskeiy Teshuvos 602:2]
[4] Kitzur Shlah; Shvus Yaakov 3:42; Elya Raba 584:5; Shaareiy Teshuvah 584:2; M”E 584:13; Kaf Hachaim 584:11; Daas Torah 584:1
Other Opinions: Those that are not accustomed to recite Avinu Malkeinu unless they are with a Minyan have upon what to rely as the source of Avinu Malkeinu is from Rebbe Akiva who said it with a Minyan. [Elya Raba ibid brought in Kaf Hachaim ibid; Daas Torah 584:1]
[5] Mateh Efraim 619:46; Otzer Minhagei Chabad 199 in name of Sefer Haminhagim
[6] Makor Chaim of Chavos Yair 602; Piskeiy Teshuvos 602:2
The reason: As it was established to be recited corresponding to Shemoneh Esrei. [ibid]
[7] Michaber 566:1
[8] Mentioned in: Mateh Moshe 221 [prior to Kerias Hatorah]; Abudarham Seder Shacharis Shel Chol [as part of Monday and Thursday Tachanun]; Kol Bo 13 Middos Utechinos [As continuation of Tachanun]; Peri Eitz Chaim Shaar Kerias Sefer Torah 5 [As continuation of Tachanun]; Maharil “Bein Pesach Leshavuos”; Levush, brought in Kaf Hachaim 683:7, and P”M 683 M”Z 1 [said on Monday and Thursday]; Shaar Hakolel 11:14
The reason: It is said prior to Kerias Hatorah as it asks forgiveness for having transgressed what we are to read in the Torah. [Mateh Moshe ibid] Others write the purpose of this prayer is to serve as a replacement for the long prayer of Vehu Rachum that is recited on Mondays and Thursday’s for those that come late to Shul. It thus has no relevance on days that the long Vehu Rachum is not recited. [Otzer Dinim ibid]
[9] Custom of Maharil and Rebbe Meir Shatz brought in Maharil “Between Pesach and Shavuos” p. 21; Implication of Arizal in Peri Eitz Chaim ibid and Mateh Moshe that it is recited “before Kerias Hatorah”
[10] Abudarham, brought in Likkutei Maharich 3:49
[11] Likkutei Maharich ibid; Otzer Dinim Uminhagim p. 16; Rav Asher Lemel Hakohen; Implication of Abudarham ibid which lists this prayer as part of the Tachanun of Mondays and Thursdays; Implication of Levush, brought in Kaf Hachaim 683:7, and of P”M 683 M”Z 1 that it is only said on a Monday and Thursday. [They state that during Chanukah this prayer is not said on Monday’s and Thursdays, hence clearly implying that it is never said on any other weekday irrelevant of Kerias Hatorah]
The reason: As the purpose of this prayer is to serve as a replacement for the long prayer of Vehu Rachum that is recited on Mondays and Thursday’s for those that come late to Shul. It thus has no relevance on days that the long Vehu Rachum is not recited. [Otzer Dinim ibid]
[12] Likkutei Maharich ibid
[13] Admur 602:4; Rama 602:2 in name of Minhagim; Mateh Efraim 602:12
[14] This includes the paragraph of Vehu Rachum recited on Mondays and Thursdays. [ibid]
[15] Piskeiy Hassidur 151 and 179; Sichas Kodesh 6th Tishrei 1975 based on Admur in Siddur that Lamnatzeiach is never recited when Tachanun is omitted. This ruling in the Siddur is based on Kneses Hagedola 131:3; Peri Chadash 131:1; Mamar Mordechai 131:6; Kaf Hachaim 581:78 states that so is the custom of Sefaradim.
Ruling of Admur in the SHU”A: In the Shulchan Aruch, Admur rules like Rama 131:1 that Lamnatzeiach may be recited even on a day that Tachanun is omitted. [Admur 429:12; 602:4 [in parentheses]]
[16] Siddur Tehilas Hashem [from 1978 and onwards with the Rebbe’s approval] based on Sichas Kodesh 6th Tishrei 1975 that the Rebbe equates Kel Erech Apayim with Lamnatzeiach. See Shulchan Menachem 3:293; Glosses of Rav Raskin p. 165; Hiskashrus 438 p. 17; To note however that the Rebbe himself did recite Kel Erech Apayim even when Tachanun was not recited. [Rav Raskin ibid]
Ruling of Admur: In the Shulchan Aruch [429:12; 602:4] Admur rules that Kel Erech Apayim is recited with exception for Erev Pesach. This follows the ruling of the Hagahos Maimanis; Darkei Moshe 602 brought in Kaf Hachaim 602:12. [Some explain that it is for this reason that Admur in 602:4 placed this ruling in parentheses, as it is not brought in previous Poskim in Shulchan Aruch. [Shulchan Menachem ibid footnote 2] Vetzaruch Iyun as it is brought by Admur in 429:12 without parentheses, and is likewise clearly implied from the Rama 429:2] To note that also in the Siddur before Kel Erech Apayim Admur lists a number of days that it is to be omitted on, thus implying it is not always omitted when Tachanun is not said.
Ruling and explanation of Divrei Nechemia: The Divrei Nechemia 131 brings three opinions regarding the saying of Keil Erech Apayim: 1) It is only omitted by a day that Hallel is recited or a day that ahs the status of a Yom Tov like Erev Pesach. [This is the opinion of the Rama 429:2] 2) It is omitted on every Erev Yom Tov and on Isru Chag. 3) Every day that Tachanun is omitted so is Lamnatzeiach. [so rules Peri Chadash 131] The Divrei Nechemia concludes that by Lamnatzeiach we rule like the third opinion, however by Keil Erech Apayim we rule like the opinion that rules it is to be recited.
The reason behind the Rebbe’s ruling: The Rebbe explains that the ruling in the Shulchan Aruch of Admur follows the ruling of the Rama that differentiates between the laws of Tachanun and that of Lamnatzeiach. However according to Admur in the Siddur that rules Lamnatzeiach is always omitted when Tachanun is not said then likewise Kel Erech Apayim is to be omitted in all days that Tachanun is not said. [Sichas Kodesh ibid, printed in Shulchan Menachem ibid] As for the reason why Kel Erech Apayim is omitted this is because it mentions sin, and we do not desire to mention sin on any day that Tachanun is omitted. [See Shaar Hakolel 36:2; Shulchan Menachem ibid footnote 5]
[17] 6th Tishrei 1935 the Rebbe did not say Avinu Malkeinu because there was a Chasan in the Minyan and the Rebbe than explained it in a Sicha on that day that according to Admur in the Siddur Avinu Malkeinu is never recited when Tachanun is omitted. [See Shulchan Menachem 3:293; Otzer Minhagei Chabad p. 166; Glosses of Rav Raskin p. 165;]
[18] Shulchan Menachem ibid footnote 7 that there were many instances after this Sicha was recited that the Rebbe said to recite Avinu Malkeinu even when a Chasan or Baal Bris was present. See also Sichos Kodesh 1980 p. 865 “On Monday Tzom Gedalia after Selichos the Chazzan began saying Kaddish. The Rebbe motioned to him and told him to say Avinu Malkeinu. The Rebbe was then told that there is a Chasan.” [It does not state what they did in the end. However, it seems clear that the congregation in 770 accepted this earlier ruling of the Rebbe that Avinu Malkeinu is not recited. However, the Rebbe himself seems to have retracted from this ruling, as he knew that a Chasan was already there, as why else did the congregation omit Tachanun prior to Selichos. Hence it seems the Rebbe, which certainly knew there was a valid reason not to say Tachanun, ruled that nevertheless Avinu Malkeinu is to be recited.] See Hiskashrus 438 p. 17 footnote 9
[19] M”E 602:11; Otzer Minhagei Chabad p. 160 based on directive of Rebbe; Piskeiy Teshuvos 602:2
[20] Michaber 566:6; Tzemach Tzedek Shaar Hamiluim 1:20
Other Poskim: Some Poskim rule that one may receive an Aliyah even if he is not fasting. [Chasam Sofer 157; Aruch Hashulchan 566:11; Minchas Elazar 2:74]
[21] Michaber 566:6; Tzemach Tzedek Shaar Hamiluim 1:20; Beir Oshek 21; Mishneh Halachos 3:73
Other Poskim: Some Poskim rule that one may receive an Aliyah even if he is not fasting. [Chasam Sofer 157; Aruch Hashulchan 566:11; Minchas Elazar 2:74]
[22] M”B 566:19
[23] M”B 566:21
[24] See Piskeiy Teshuvos 565:1
[25] Chasam Sofer 157; Aruch Hashulchan 566:11; Minchas Elazar 2:74; See M”B 568:3 in name of Nehar Shalom; Shevet Halevi 8:131
[26] See Michaber 566:6; Tzemach Tzedek Shaar Hamiluim 1:20; Zera Emes 3:62; Yalkut Yosef Moadim p. 535
[27] Piskeiy Teshuvos 568:1 footnote 3
[28] Shaareiy Efraim 8:107; Daas Torah 566
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