Chapter 4: The night of Yom Kippur

 

1. Birchas Habanim: Blessing one’s children prior to leaving for Shul:

See Chapter 2 Halacha 14!

2. Wearing a Kittel and Tallis:

Kittel:[1] Married men wear a Kittel throughout [the prayers of[2]] Yom Kippur. 

A Chasan:[3] A Chasan who wore a Kittel at his wedding does not wear a Kittel on the first Yom Kippur thereafter.

Tallis:[4] The custom of all [Jewry] is to wear a Tallis Gadol on the night of Yom Kippur. One is to recite a blessing prior to wearing it while it is still day, and continue wearing it into the night.[5] [If one did not put the Tallis on at before sunset, it is to be worn after sunset, without a blessing.[6] The Chabad custom is to continue wearing the Tallis into Maariv of Motzei Yom Kippur, although prior to commencing Maariv, the Tallis is removed from over the head and rests on the shoulders.[7]]

Must one remove his Tallis or Kittel when going to the bathroom?[8] One is to remove his Tallis Gadol and Kittel [and Gartel[9]] prior to entering the bathroom, being it is designated only for prayer.[10]

Q&A What is one to do if he did not don his Tallis before sunset?[11] He is to wear it without a blessing. May one who already accepted Tosefes Yom Kippur still wear his Tallis with a blessing if it is prior to sunset? Seemingly, he may wear it with a blessing, as Tosefes Yom Kippur is not like accepting Itzumo Shel Yom.[12] However, this matter requires further analyses.[13] Is the Tallis, Kittel and Gartel to be removed even if one is only entering the bathroom to urinate, or for other purposes? Some Poskim[14] rule it is permitted to urinate while wearing the above garments. This applies even if one enters into a bathroom to urinate.[15] Nevertheless, the custom is to be stringent in this matter and remove the Tallis [and above clothing] prior to entering a bathroom or bathhouse[16], and so seems to be the opinion of Admur.[17] Likewise, even if one is urinating outside a bathroom, the above items should be removed.[18]

3. Confession:[19]

One should be stringent to confess upon the approach of Bein Hashmashos.[20] [Practically, being that Kol Nidrei is said at this time, one should say this confession prior to Kol Nidrei.[21]] See Chapter 2 Halacha 10!

4. Saying Tehillim prior to Kol Nidrei:[22]

Before the Chazzan begins Kol Nidrei, one recites nine chapters of Tehillim [chapter 115-123], following the tradition of the Baal Shem Tov, in name of his master and teacher, Achiya Hashiloni.

5. Removal of ban against sinners:[23]

Prior to Kol Nidrei, the leader of the congregation, together with two other people, remove all excommunications and bans that were placed upon any of the worshipers.[24]

6. Kol Nidrei-Conditioning ones future vows:[25]

Is not an annulment but rather a stipulation:[26] Kol Nidrei is not the annulment of one’s previous vows, but rather is a stipulation on one’s future vows, that if one makes a vow in the future, it should be nullified. [In Hataras Nedarim that is said on Erev Rosh Hashanah, however, we do both; we nullify the previous vows and stipulate the future vows.]

Is said before sunset in the presence of three:[27] The custom is to begin saying Kol Nidrei while still day [before sunset] and in the presence of another two people who stand beside the Chazan.[28] 

Removing three Sifrei Torah:[29] Three Sifrei Torah are removed from the Ark prior to Kol Nidrei. 

Saying Kol Nidrei together with the chazzan: The congregation is to recite Kol Nidrei quietly together with the Chazan.[30] It should be said, by each congregant, loud enough for the people around him to hear.[31] 

Is repeated three times with raising of voice:[32] Kol Nidrei is repeated three times, with the Chazan raising his voice louder each time it is said.[33]

Saying it with a melody until night:[34] Kol Nidrei is to be said with a melody and drawn out until nighttime.[35] The chazzan should only sing melodies that the congregation is accustomed to, in order not to confuse them.[36]

Q&A Are women to also say Kol Nidrei quietly together with the Chazan? Yes.[37] Are all one’s future vows invalidated due to the stipulation made by Hataras Nedarim?[38] This depends on whether one remembered his stipulation at the time of the vow. If one remembered the stipulation made, at the time that he said the vow, then the vow is binding and not considered annulled.[39] Furthermore, all future vows from that point and on are considered valid even if he did not remember the stipulation.[40] If, however, at the time of saying the vow one did not remember the stipulation, then in such a case it is considered null and void.[41] Nevertheless, one may only rely on this stipulation to invalidate his vow in a pressing situation. In a non-pressing situation, one must seek a Beis Din to annul the vow.[42] Chumras and customs: Some opinions[43] rule that those vows which came as a result of following a Chumra or Hiddur Mitzvah, such as one who performed a Hiddur three times, then the stipulation made during Hataras Nedarim is valid to uproot the status of vow from the Hiddur, even if it does not involve a time of need. [This however only applies if one did not remember the stipulation at the time of performing the Mitzvah. If, however, he remembered the stipulation and disregarding it performed the Mitzvah without saying Bli Neder, the Mitzvah receives the status of a vow.[44]]

7. Blessing Shehechiyanu:[45]

One who has not said the blessing of Shehechiyanu by candle lighting is to say the blessing prior to the evening prayer.[46] Ideally, it is best for the congregation to listen to the chazzans blessing and fulfill the obligation through him, being that it is more beloved to a King when His commands are fulfilled in public unity.[47] Nevertheless, the custom is for every individual to say the blessing, being that the Chazan does not have anyone else in mind when saying his blessing.[48]

Finishing the blessing prior to the Chazan:[49] When saying the blessing of Shehechiyanu, one must beware to finish the blessing prior to the Chazan, in order to answer Amen for his blessing.[50] [It is implied that one should say the blessing together with the Chazan and simply finish before he does, rather than say it afterwards.] 

8. Standing throughout Yom Kippur:[51]

Some are accustomed to stand throughout the entire duration of Yom Kippur, both by night and day, with exception to when sleeping.[52] 

Women:[53] This custom is not applicable to women.[54]

Lean if feels week:[55] One who follows this custom, may nevertheless lean on an item for support if he feels weak.

9. Saying Boruch Shem… aloud:[56]

Throughout Yom Kippur, one says the verse of “Baruch Sheim Kevod Malchuso Leolam Vaed” out loud in the Shema prayer.[57]

Q&A Are women to say Baruch Sheim out loud? Some[58] write this custom is not relevant to women, as they cannot emulate the angels.[59]

10. The evening prayer when Yom Kippur falls on Shabbos:

Kabalas Shabbos and Maariv:[60] When Yom Kippur coincides with Shabbos, one begins the Maariv prayer from Mizmor Ledavid [psalm 29], [omitting all the Psalms from Lechu Neranina until Mizmor Ledavid].[61]  [One recites the entire dialect from Mizmor Ledavid and onwards, including Ana Bekoach; all the stanzas of Lecha Dodi; Mizmor Shir, Kegavna.[62] In Lecha Dodi, the normal dialect of Berina is recited.[63] After Shemoneh Esrei one recites Vayechulu, and Meiyn Sheva. Following the recital of Meiyn Sheva one recites Selichos, Viduiy, Ledavid Mizmor and then Kaddish with Tiskabel. This Kaddish is then followed by “Mizmor Ledavid Hashem Roiy,” as is usually recited on Friday night.[64] One then recites half Kaddish, Barchu and Aleinu.[65]]

Vayechulu and Meiyn Sheva:[66] When Yom Kippur falls on Shabbos, the Chazan recites Mieiyn Sheva after Shemoneh Esrei of Maariv, as is always done on Friday night. Hamelech Hakadosh is to be recited in place of Hakeil Hakadosh. [Likewise, when the congregation customarily recites the paragraph of Magen Avos they say the words Hamelech Hakadosh in place of Hakeil Hakadosh.] The Chazan, however, concludes only with the blessing of Shabbos [i.e. Mikadeish Hashabbos] even if Yom Kippur falls on Shabbos.[67]

Avinu Malkeinu when Yom Kippur falls on Shabbos:[68] Avinu Malkeinu is omitted on Shabbos.[69] Avinu Malkeinu is recited after Neilah even when Yom Kippur falls on Shabbos.[70]

Q&A If in Meiyn Sheva the Chazan said Hakeil Hakadosh instead of Hamelech Hakadosh must he repeat the Meiyn Sheva?[71] This matter is disputed amongst Poskim.[72] Some Poskim[73] rule if he completed the blessing, then the blessing must be repeated from the beginning.[74] Others[75] rule it is not to be repeated. Practically the Chazan is not to repeat the blessing.[76] Nevertheless, if the Chazan remembers prior to saying G-d’s name in the blessing of Mikadeish Hashabbos then he is to go back and say it.[77]

11. Saying Tehillim at the conclusion of the evening prayer:[78]

At the conclusion of Marriv, it is accustomed for the congregation to recite the entire book of Tehillim.

12. Learning Tractate Yuma:[79]

It is a Mitzvah to learn Mishnayos Misechet Yuma on Yom Kippur, so its words stand in place of the sacrifices. One is likewise to study the sayings of the Sages found at the end of Tractate Yuma, which discuss repentance. [However, practically, this custom has not been witnessed to be observed even by a recognizable minority, and regarding such a public matter this observation can be used as proof (that it is not our custom to do so).[80]]

13. Upon going to sleep:

Requirement to sleep:[81] One is required to sleep on the night of Yom Kippur, in order so he can concentrate during the following day’s prayers and not fall asleep in middle.

Sleeping in Shul:[82] Although it is forbidden to sleep in a Shul throughout the year, nevertheless, on the night of Yom Kippur, the custom is to allow doing so if one intends to pray throughout most the night[83] or guard the candles from catching fire.[84] One should not sleep by the side of the Shul which the Ark stands, rather he should sleep on the opposite side, or by the women’s section, if there are no women there.

Saying Tehillim:[85] Before retiring to sleep, one should recite the first four chapters of Tehillim as protection from Keri/nocturnal emission. [In the Siddur, these four psalms are printed to be said immediately after Maariv, and is followed by mourners Kaddish.]

Kerias Shema Sheal Hamita:[86] Kerias Shema Shel Hamita is recited in the same order as on other festivals, adding however the nine chapters of Tehillim, Chapters 124-132.

Not to fully cover oneself:[87] It is proper to beware not to wrap oneself within blankets, in order to avoid coming to nocturnal emission. At the very least, one should leave his legs uncovered, as did Boaz, in order to avoid coming to nocturnal emission.

14. Marital relations:[88]

Marital relations is forbidden on Yom Kippur, as explained in chapter 3 Halacha 13. See there for the full details of this matter.

15. One who has a nocturnal emission:[89]

Must worry the entire year: One who has a nocturnal emission on Yom Kippur should worry the entire year regarding whether his fast on Yom Kippur was accepted.[90] [This however only applies to Tzaddikim and men of stature, whom do not have erotic thoughts which can lead to nocturnal emission. However, an average person who does have erotic thoughts, should not fear a nocturnal emission, as it is due to his own actions.[91] Nevertheless, as a Tikkun for this matter, one should recite chapters 103-104 on every weekday until the next Rosh Hashanah. This does not apply on Shabbos and Yom Tov.[92]]

If survived year then will have a long life: One who experienced a nocturnal emission on Yom Kippur and went on to live through the year, can be certain that he will receive a portion in the world to come, as he certainly has many merits which protected him. He will also live a long life, as an emission of seed is a sign for living long years.[93]

_________________________________________________________

[1] Admur 610:9

[2] From 610:9 it is implied that the Kittel should be worn throughout the entire Yom Kippur even during times that one is not involved in prayer. No mention is made regarding prayer in that Halacha. Vetzaruch Iyun

[3] Sefer Haminhagim p. 124 [English Edition]

[4] Admur 18:3; Rama 18:1; Tashbatz 132; Mahariy Viyaal 191-192; M”A 18:2; Arizal brought in Shaar Hakavanos Derush Yom Kippur; Birkeiy Yosef 619:1; Poskim in Kaf Hachaim 18:13-14; Kitzur SH”A 131:17; P”M 619 A”A 4

[5] The reason: The reason why this is allowed is because it is well known that one is not wearing the Tallis for the sake of the Mitzvah but rather in order to resemble angels by wearing white clothing and garbing in a white Tallis. [Admur ibid; Bach; M”A 18:2] The Arizal however explains the reason is because the spiritual Mitzvah of Tzitzis applies on the night of Yom Kippur. [See Kaf Hachaim 18:15]

[6] Siddur Admur; Kitzur ibid; See P”M 619 A”A 4; Kaf Hachaim

Ruling of Admur in Shulchan Aruch:  In 18:8 Admur rules the blessing may be recited until nightfall.

[7] Sefer Haminhagim p. 126 [English]; From Admur ibid, M”A 18:2, and Bach 18 it is implied that one is not to wear the Tallis at all on Motzei Yom Kippur; See Arizal brought in Kaf Hachaim 18:15 that one is not to wear the Tallis by Maariv of Motzei Yom Kippur, as by that time the ray of the Mitzvah of Tzitzis has dissipated; See M”B 18:6 in name of Elya Raba 18:3 which writes in name of Kneses Hagedola that the Tallis is to be worn during Maariv of Motzei Yom Kippur. See Piskeiy Teshuvos 18 footnote 10

[8] Admur 21:3; Michaber 21:3 regarding Tallis; Taz 21:3; Elya Zuta 21:3; Poskim in Kaf Hachaim 21:13

[9] See Mishneh Halachos 11:23; Vayivarech David 2:19; Beir Sarim 4:56; Piskeiy Teshuvos 21:3

[10] The reason: As one does not serve his master with the same clothing that he cooks in, and hence it is improper to wear such clothing in a bathroom. [Taz ibid]

[11] Admur in Siddur; However, in the Shulchan Aruch [18:8] Admur rules a blessing may be said until nightfall.

[12] See Piskeiy Teshuvos 619:4 footnote 24; 342:3

[13] In 18:8 Admur rules that once one has Davened Maariv he may no longer say a blessing over the Tzitzis even if it is still day. However, no implication can be made from here regarding our case as perhaps Maariv which is “Itzumo she Yom” has a different status then mere Tosefes Shabbos.

[14] Mateh Efraim 610:12; M”B 21:14; Poskim in Kaf Hachaim 21:13

[15] Mateh Efraim 610:12

[16] Aruch Hashulchan 21:6; See also Ginas Veradim Klal 2:25; Leket Yosher p. 6

[17] Admur 21:3 plainly writes that it is not proper to enter with these items into a bathroom and does not differentiate between whether one is entering to urinate or for a different reason. Perhaps, this also explains the difference in wording that by entering a bathroom he writes “it is not proper” while by defecation he writes “one must remove”.

[18] Aruch Hashulchan ibid

^[19] Admur 607:1; M”A 607:7; Shlah Yuma Teshuvah p. 228; Aruch Hashulchan 607:2; See Nitei Gavriel 27 footnote 14; See Keser Shem Tov 330

^[20] Begins about 4 minutes after sunset

[21] Hiskashrus

^[22] Sefer Haminhagim [English] p. 113; Hayom Yom 1^st of Elul

Background: This custom was told to Tzemach Tzedek by his grandfather the Alter Rebbe when he was nine years old. The Alter Rebbe told him “I received from my master the Maggid, who received from his master the Baal Shem Tov, who received from his known teacher [Achiya Hashiloni].” Thus, the custom dates back to Achiya Hashiloni who was one of the Sages listed as part of the continuity of the Torah Shebaal Peh. [Rambam Hakdama]

[23] Admur 619:1; Siddur Admur

Ruling in Shulchan Aruch: In the Shulchan Aruch ibid, Admur writes that it is done on the night of Yom Kippur prior to Davening. Practically, however, in the Siddur it is written to be done before Kol Nidrei which takes place before sunset.

[24] The reason: This is done in order for all Jews to be able to pray together with the congregation. This holds importance not only for those who were banned but also for the congregation itself, being that any fast in which sinners do not partake in, is not an appeasing fast, as is learnt from the incense offering which included also a foul-smelling spice. [Admur ibid] Thus in order to give all sinners the opportunity to pray with them, a nullification of a ban must be made.

^[25] Admur 619:2-5; Rama Yoreh Deah 211:1; See Piskeiy Teshuvos 619:1

[26] Admur 619:4

Why does one need to say a Modah on his vows twice, by Hataras Nedarim and by Kol Nidrei? The Tur 619 writes that the custom is to recite the stipulation on Erev Yom Kippur. The Shlah ibid writes that “Zrizin Makdimim Lemitzvos” and they hence precede the stipulation to Erev Rosh Hashanah. Some say the reason for this is because we suspect that perhaps one will not fulfill his obligation with the stipulation said on Erev Yom Kippur being that it requires another three people to hear him and that he thus must say it aloud to himself, which may not be fulfilled. [Minchas Yitzchak ibid]

[27] Admur 619:4

[28] The reason: As since stipulating future vows is similar to annulment of previous vows, therefore, the custom is to begin saying it before night and for the chazzan to say it in the presence of another two people which stand beside him, which is required by annulment of vows. This is done in order to prevent people from mistakenly thinking that annulment of vows may be done on Shabbos [as only vows which have a Shabbos need may be annulled on Shabbos], and that it does not need to be done in front of three people. [Admur ibid]

^[29] Alef Lamateh 619:15 in name of Peri Eitz Chaim and Shiyurei Kneses Hagedola; Shevach Hamoadim p. 45

[30] The reason: As the stipulation made by the Chazan is not effective for anyone else other than himself. It is for this reason that the wording of the stipulation is in singular form.

[31] See Shach Yoreh Deah 211:2

[32] Admur 619:5

[33] The reason: This is done in order to instill awe and fear into the listeners. [Admur ibid]

[34] Admur 619:5

[35] The reason: This is done in order to Daven the evening prayer at its proper time [and not beforehand]. [Admur ibid]

[36] Admur 619:6

[37] See Minchas Yitzchak 9:61

[38] Yoreh Deah 211:2; Alef Hamagen 581:102; M”B 619:2; Piskeiy Teshuvos 581:17

[39] Michaber 211:2

[40] Alef Hamagen 581:102

[41] Michaber ibid; The Michaber ibid however brings an opinion [opinion in Rambam Nedarim 2] who rules the vow is only invalidated due to the stipulation if one remembered the stipulation after making the vow, within the amount of time of Kdei Dibbur, and he explicitly thought in his mind to rely on the stipulation. The Michaber concludes that one is to suspect for this opinion. The Taz 211:3 however argues that according to all the stipulation is valid even if one remembers it much later on, after he made the vow, so long as he decides to validate the stipulation within Kdei Dibbur of remembering it. The Nekudos Hakesef however argues on the Taz and defends the understanding and ruling of the Michaber in the Rambam. See Birkeiy Yosef 228:2 who brings from the Shut of the Beis Yosef Avkas Rochel 176 that he does not suspect for the words of the Rambam at all. However here in his Shulchan Aruch he suspects for his opinion.

[42] Rama 211:1

[43] Salmas Chaim 467; Minchas Shlomo 91:20; Yabia Omer 2:30

[44] Piskeiy Teshuvos 581 footnote 111

[45] Admur 619:7

^[46] The reason it is not said over wine: Although on all holidays the blessing of Shehechiyanu is said over wine by men, nevertheless, on Yom Kippur, being that its forbidden to drink, this cannot be done, even if one were to say it over wine prior to the start of Yom Kippur, being that once the blessing has been said, its considered that he accepted the holiday and thus all the laws of Yom Kippur now apply to him. As well, giving a child to drink from the wine is also not done, being that children may only be given to eat on Yom Kippur for their own sake, in order not to accustom them to eating on Yom Kippur even when they get older. [Admur ibid; See M”A chapter 556 regarding Tishe Beav]

[47] Admur 619:8; Vetzaruch Iyun as to how this does not contradict the ruling of Admur 213:6 which states that by Mitzvos fulfilled individually [such as Lulav, and Hallel, Vetzaruch Iyun as to the definition of Birchas Shehechiyanu] one can choose whether to say it himself or be Yotzei with the Chazan, and there is no advantage either way. [See Hearos Ubiurim Ohalei Torah 805:72 who asks this question and suggests that Shehechiyanu is considered a collective Mitzvah, while the extension of Hallel and Birchas Lulav was never intended to be going on the beginning of this Halacha but rather on the second part that the congregation should finish before the Chazan. However see M”A 619:3 who does not learn this way]

[48] Admur 619:8

[49] Admur 619:8

^[50] The same applies for the blessings said in Shul over Lulav and Halel. [ibid; Back then the custom was for the chazzan to say the blessing over the Lulav aloud right before Hallel. This is no longer practiced today as explained in laws of Sukkos]

Why isn’t the blessing just said after the chazzan finishes his blessing? Perhaps it is more public and thus more beautified when said together with the Chazan.

[51] Admur 619:15

[52] The reason: The reason behind this custom is to emulate angels. [619:17]

[53] Admur 619:17

[54] The reason: As women cannot emulate angels, as explained in 610:9 [Admur ibid]

[55] Admur 619:16

[56] Admur 619:9

^[57] The reason: Originally, the prayer of “Baruch Shem” was only known by the angels, until Moses “stole” it from them. For this reason, it is said quietly throughout the year. However, on Yom Kippur, being that we want to emulate the angels, we therefore say it aloud. [Admur ibid]

[58] Gur Aryeh Yehuda 82; Piskeiy Teshuvos 619:5

[59] This is similar to the ruling of Admur in 610:9 and 619:17 that women are not to wear a white clothing or stand throughout Yom Kippur as they cannot emulate angels.

[60] Siddur Admur regarding Yom Tov; Ketzos Hashulchan 77:2; Shaar Hakolel 17:6 states that this was mistakenly omitted from certain prints of the Siddur

Ruling of Admur in Shulchan Aruch: In the Shulchan Aruch 619:10, Admur rules that Kabalas Shabbos is not recited, although Mizmor Shir Leyom Hashabbos is recited before Barchu. So also brings M”E 625:41In the Siddur, however, Admur rules to begin from Mizmor Ledavid and so is the Chabad custom.

[61] The reason: Some write the reason is because there is a Mitzvah of Simcha on Yom Tov and we hence desire to speed the conclusion of Maariv. [Otzer Minhagei Yeshurun p. 64; See Admur 270:1 regarding Bameh Madlikin that it is omitted on Yom Tov in order to hasten Simchas Yom Tov] Alternatively, the reason is because these Psalms contain the words Rina, and on Yom Tov we emphasize the words Simcha. [Ketzos Hashulchan 77 footnote 13] Alternatively the reason is because the first five Mizmorim until Mizmor Ledavid relate to the five weekdays until Erev Shabbos while the psalm of Mizmor Ledavid relates to Erev Shabbos. Hence, we omit the first five Zemiros as it is not proper to relate them to Yom Tov. [Sichas Kodesh 2 p. 121] To note that the Mitzvah of Simcha does not apply on Rosh Hashanah, and hence we recite Berina in Lecha Dodi as a normal Shabbos, thus the only reason that explains why on Rosh Hashanah we omit these Psalms is the last reason mentioned. [Glosses of Rav Raskin on Siddur p. 250]

[62] Shaar Hakolel 17:6; Ketzos Hashulchan 77 footnote 13; Otzer Minhagei Chabad p. 63

Other customs: Some are accustomed to only recite the first and last stanza of Lecha Dodi. [M”E 625:41] Others recite the first two stanzas of Lecha Dodi corresponding to Zachar and Shamor. [Alef Hamagen 625:56] Others recite the entire Lecha Dodi with exception to the stanza of Hisnaari Meiafar Kumi which is omitted. [Peri Megadim] Some are accustomed to omit Kegavna being that it mentions that all the other days are filled with wrath which is untrue regarding Yom Tov. [Siddur Yaavetz; Likkutei Mahrich Pesach; Alef Lamateh 625:67; Divrei Torah 9:72; Piskeiy Teshuvos 487:3]

[63] Sefer Haminhagim p. 52 [English]; Rebbe in Machzor Chabad; Luach Kolel Chabad [Edited]; Implication of instructions in Siddur Yaavetz; M”E 582:2; See Otzer Minhagei Chabad p. 62; Glosses of Rav Raskin on the Siddur

The reason: The Rebbe [in a footnote on the Machzor ibid] explains that Rosh Hashanah and Yom Kippur are not given for days of rejoicing [see Admur 582:10] and hence we do not change from the normal wording of Berina.

Other Yomim Tovim: By other Yomim Tovim the custom is to interchange the word Berina for Besimcha. [Hagahos Hasiddur of Rebbe Rashab; Ketzos Hashulchan 77:2; Mishnes Chassidim “Leil Yom Tov” 1:2].

Difference between Rina and Simcha: The term Rina denotes a bittersweet joy, a joy that comes as a result of a previous distance. However, Simcha does not have any bitterness mixed with it at all. [Magen Avos Vayishlach’ Ketzos Hashulchan 77 footnote 13] Accordingly it is understood why on Rosh Hashanah we do not recite Besimcha, as there is bitterness involved in the repentance required.

Other customs: Some are accustomed to reciting Besimcha even on Rosh Hashanah. [Minhag Rav Ahron of Belz, brought in Piskeiy Teshuvos 582 footnote 20]

[64] Mateh Efraim 582:2; Otzer Minhagei Chabad p. 63

[65] The above order is written in Piskeiy Hasiddur footnote 40; Otzer Minhagei Chabad p. 69

[66] Admur 619:10 and 582:4

[67] The reason: The reason why we do not mention Yom Tov [Rosh Hashanah or Yom Kippur] within this blessing of Meiyn Sheva is because its entire reason of being said only relates to Shabbos, as on a regular Yom Tov Meiyn Sheva is not recited. It is recited on Shabbos not due to the holiness of the day [which would thus warrant it to be recited also on Yom Tov] but rather due to Mazikin [damaging forces]. It is thus not similar to the law that requires Shabbos to be mentioned in Nielah of Yom Kippur, that although Neilah is never recited on Shabbos and is only recited due to Yom Kippur, nevertheless one is required to mention Shabbos in the Shemoneh Esrei. This is because Yom Kippur obligates four prayers to be recited, which is Shacharis, Musaf, Mincha, and Neilah, and thus one must mention Shabbos in each prayer. However here the blessing of Meiyn Sheva was not instituted due to the holiness of the day [as was Neilah of Yom Kippur] but simply due to the Mazikin. [269:14]

[68] Admur 584:5; 602:2; Rama 584:1; 602:1; Rivash 512; Kneses Hagedola 584:2; Peri Chadash; Kisei Eliyahu 584:3

Other opinions: Many Poskim rule that Avinu Malkeinu is to be recited even on Shabbos. [Rashbatz 3:186 brought in Beis Yosef; Hatanya; Mateh Yehuda 584; implication of Arizal in Shaar Hakavanos; see Kaf Hachaim 584:8] Based on the Arizal ibid it appears that one is to recite all the stanzas of Avinu Malkeinu, with exception to the one’s that mention sin, even on Shabbos Shuva, and so is the custom of the Beis Keil community in Jerusalem. [Kaf Hachaim 582:16] The Kaf Hachaim 584:8 concludes: It seems that the Ashkenazi custom is to omit it while the Sefardic custom is to say it and for this reason the Michaber omitted this ruling from his Shulchan Aruch. Each community is to follow their custom.

[69] The reason: As it is forbidden to request one’s needs on Shabbos. [ibid; Ran] Alternatively, the reason we omit it on Shabbos is because the entire reason that we recite Avinu Malkeinu is in correspondence to the middle blessings of Shemoneh Esrei that are omitted on Yom Kippur during the week. [Levush brought in Kaf Hachaim 584:7]

Does this also apply to private requests? Some suggest that only a set prayer of request was negated on Shabbos Yom Kippur while a private request is not only allowed but is motivated to be expressed. [Piskeiy Teshuvos 582 footnote 21]

[70] Admur 623:9

The reason: As now is the final signing of the decree and we require supplication for mercy and if not now then when. [admur ibid]

[71] See Kaf Hachaim 582:18; Mateh Efraim 582:5; Alef Lamateh 582:1; Alef Hamagen 582:17; Piskeiy Teshuvos 582:6

[72] M”B 582:10

[73] Kneses Hagedola 582:5; Elya Raba 582:2; Mateh Yehuda; Mateh Efraim 582:5; Shalmei Chagiga in name of Mahariy Iash [brought in Alef Lamateh ibid]; Machazik Bracha 582:3; Shalmei Tzibur 197; Zechor Leavraham 3:143; Shaareiy Teshuvah 582:3; Ben Ish Chaiy Netzavim 18 

The reason: The Chida in Machazik Bracha explains that according to Kabala there is a mystical reason behind reciting Meiyn Sheva and hence it must be repeated if not recited properly. [Kaf Hachaim ibid]

[74] If however he did not yet complete the blessing then he returns to the words Hamelech Hakadosh and reads from there and onwards. [ibid]

[75] Peri Chadash [brought in Kaf Hachaim ibid]; Gan Melech 149; Siddur Derech Hachaim; Peri Megadim 582 A”A 2 ; Nishmas Adam; Yeshuos Yaakov; Pischeiy Teshuvah in name of Divrei David 55; Alef Hamagen 582:17; Kitzur SHU”A 129:4

The reason: As the entire blessing of Meiyn Sheva is only recited use to Sakana, and hence we do not require its repetition if a mistake was made. [Peri Chadash ibid]

[76] Likkutei Mahrich; Luach Eretz Yisrael; Piskeiy Teshuvos 582:6; The Kaf Hachaim ibid concludes that one who does not repeat the blessing is not to be protested, although it seems he leans like the stringent opinion viewed by the Chida, based on Kabala. See Yabia Omer 2:29.

[77] M”B ibid; M”E ibid; See Peri Chadash ibid that “although if he is still within Kdei Dibbur we protest him and make him return”. Vetzaruch Iyun as to which part of the prayer he is referring to Kdei Dibbur of? The words Hakeil Hakadosh or the concluding blessing.

[78] Tur 579; Darkei Moshe 619:4; Shlah Miseches Yuma 229:1; Otzer Minhagei Chabad p. 212 and so is the custom in the Beis Midrash of the Rebbe; Saying Tehillim after Maariv together with the congregation was an institution of the Rebbe Rayatz to the Temimim, brought in Hakeria Vehakedusha Erev Rish Chodesh Teives 1941.

[79] Admur 621:16

[80] Rebbe brought in Otzer Minhagei Chabad p. 232

[81] Admur 619:15 and 18

[82] Admur 619:18

[83] So is implied from Admur in the words “As songs and prayer is being said in the Shul throughout most of the night.” And “If one does not plan to say song and praise, he is not to sleep in the Shul.”

[84] The reason: This is permitted being that the sleeping is done for the need of the Shul. [Admur ibid]

[85] Admur 619:18

^[86] Sefer Haminhagim p. 124

[87] Admur 619:18

[88] Admur 615:1

[89] Admur 615:2

[90] The reason: As perhaps by Hashem giving him the pleasure of having an emission is a sign from above that his self-imposed oppression of fasting was not appeasing, and therefore he was forcibly made to have pleasure in something else. [See Admur ibid]

[91] Tzemach Tzedek in name of Alter Rebbe brought in Miluim 64 Choshen Mishpat [and Orach Chaim 111]; Piskeiy Teshuvos 615:1

[92] Igros Kodesh 4:58; Shulchan Menachem 3:174; See Piskeiy Teshuvos ibid

^[93] This corresponds to the opinion brought in Tractate Yuma 88a that having a nocturnal emission of seed on Yom Kippur is a good sign which shows that the person is a Tzaddik. See also Or Torah of the Maggid [Torah 209] in the name of the Baal Shem Tov that if one sees a nocturnal emission without having triggered it with bad thoughts during the day, then he is not to worry of it. On the contrary, Hashem made him have it in order to save him from death, as the decree of death was expelled through his seed. See there!