The Davening

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The Davening:

A. Selichos:

Selichos are recited on a fast day.[1] The Chabad custom is to recite the Selichos within Tachanun[2], after Shemoneh Esrei of Shacharis.[3]

Standing:[4] It is customarily recited while standing. This especially applies for the 13 attributes and Shema Koleinu. Omitting Viduiy:[5] The Chabad custom is to omit the saying of Ashamnu within Selichos, when Selichos is recited within the prayer of Shacharis.[6] [However it is recited as usual within Tachanun that is recited before Selichos.]

Concentration: Selichos must be recited slowly and with concentration. It is better to recite a lesser amount of supplications, but with proper concentration, then a larger amount without concentration.[7] Those that are accustomed to swiftly recite the conclusion of Selichos are to nullify their custom.[8]

The Thirteen attributes: It is forbidden to recite the thirteen attributes without proper concentration.[9] [It is to be recited slowly and carefully.[10] It is to be recited aloud.[11] Some are accustomed to count the Middos with their fingers.[12] Some are accustomed to picture each letter of each word in their mind while reciting it.[13] One is to make a break between the words Vayikra Besheim and Hashem[14], and between the two names of Hashem Hashem.[15]] The 13 attributes may only be read together with the Minyan.[16] See Q&A!

Shema Koleinu: The custom is to open the ark and stand for the saying of Shema Koleinu.

 

Selichos without a Minyan:

May a person recite Selichos without a Minyan?[17] It is permitted to recite Selichos without a Minyan, although omitting certain parts, as will be explained next.

What does one omit if he is saying Selichos without a Minyan? If one is saying Selichos without a Minyan, he is to omit the 13 attributes of mercy.[18] [One is to omit the words starting from Vayavor.[19] Some[20] write that one is to also omit the entire paragraph of “Keil Melech Yosheiv”. It is not our custom in such a case to recite the 13 attributes of mercy in the tune of the Torah reading-see Halacha C in Q&A!] He is likewise to omit the Aramaic parts said within Selichos.[21] One does not omit the verse of “Uzechor Hayom Bris Shlosh Esrei” upon saying Selichos without a Minyan.[22]

 

Q&A on Selichos

Must one stand during Selichos?[23]

The custom is to stand while reciting Selichos. This especially applies when the ark is open[24], when the thirteen attributes are recited [and upon saying Ashamnu[25]]. Nevertheless if it is difficult for one to stand, then he may be seated, with exception to when the thirteen attributes [and Ashamnu] is recited.

 

Must one who is not fasting recite Selichos?[26]

Yes.

 

Does one say Selichos if there is a Chasan present by the Minyan?[27]

Yes. If there is a Chasan [within seven days of his wedding, or on the day of his wedding] present by the Minyan, Selichos is recited without Tachanun.[28]

Does the Chasan himself recite Selichos?[29] The Chasan himself does not recite Selichos.

 

Does one say Selichos if there is a Baal Bris [i.e. Mohel; Sandek; Father] present by the Minyan?[30]

Yes. If there is a Baal Bris present by the Minyan, Selichos is recited without Tachanun.[31]

Does the Baal Bris himself recite Selichos?[32] The Baal Bris himself does not recite Selichos.

 

Is Selichos recited in the house of an Avel?[33]

At the house of an Avel, Selichos is recited[34] without the confession prayer [of Ashamnu] and without Nefilas Apayim.[35]

Does the Avel recite Selichos? Some Poskim[36] rule Avel does not recite Selichos. Others[37] rule the Avel is to recite Selichos without the confession prayer.

 

Q&A on the 13 attributes

Must one stand when reciting the 13 attributes?[38]

The custom is to stand while reciting it. One is not to lean while reciting it unless he is old or sick.

Bending down:[39] One is to recite the 13 attributes with his back slightly arched forward.

 

If one is behind the Minyan and the congregation has reached the 13 attributes of mercy what is he to do?[40]

The custom is to stop and read the 13 attributes together with the congregation, as is the law by Kaddish and Kedusha.[41] This applies for everyone in the Shul, even if one is not part of the Minyan for Selichos.[42] Nevertheless if one is in the midst of prayer, and is in an area that he cannot make an interval, then he is not to say it.[43]

 

If one is Davening with a Minyan and the congregation has already recited the 13 attributes of mercy may he recite it when he reaches that point?[44]

No. The 13 attributes of mercy may only be recited together with the actual Minyan.[45]

 

Must one read each word of the 13 attributes together with the congregation or can he read it on his own pace?[46]

If one begins reading the 13 attributes together with the congregation, and the congregation is saying the words quickly, it is permitted for him to recite the words at his own pace.[47]

 

If the congregation is already in middle of reciting the 13 attributes may one begin to say it?

Some[48] write that as long as majority of the congregation has not yet completed the recitation, then he may recite it with them.

 

May one recite the 13 attributes of mercy to himself in the Torah reading tune?

It is permitted to recite the thirteen attributes in the Torah reading tune even if one is reciting it alone.[49] Nevertheless many are accustomed to avoid doing so and they thus completely omit it when a Minyan is not present.[50] Practically the recorded Chabad custom is not to say it.[51]

 

If one is saying Selichos with a Minyan, and the Minyan has already passed the Aramaic parts may he still recite them?[52]

So long as the congregation has not yet completed the Selichos it may be recited.

 

B. Shacharis:

Avinu Malkeinu:[53] Avinu Malkeinu is recited after Selichos, prior to “Veanachnu Lo Neida”. One continues straight to Veanachnu 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.[54] The custom is to open the ark prior to its recital.[55] The custom is to stand during its recital.[56]

Torah reading: The Torah portion of Vayichal is read during Shacharis.     

 

Bris or Chasan:[57]

If a Bris taking place  on Taanis Esther [or a Chasan is present] then Tachanun[58] [Lamnatzeiach[59] and Keil Erech Apayim[60]] 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.[61] However in other years The Rebbe recited it.[62]]

 

Q&A on Avinu Malkeinu

Is Avinu Malkeinu recited in the house of an Avel?[63]

Yes.

 

Q&A on Kerias Hatorah

May one who is not fasting receive an Aliyah?[64]

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.[65] 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.[66] 

 

May the Torah be read by Shacharis and Mincha if not everyone in the Minyan is fasting?

See Halacha C in Q&A!

 

C. Aneinu:  

The prayer of Aneinu is added during Mincha Shemoneh Esrei of a fast day.[67] It is recited within the blessing of Shomeia Tefila[68], prior to the words “Ki Ata Shomeia”[69]. It is not recited during the silent Shemoneh Esrei of Shacharis or Maariv.[70] It is however recited within the Chazan’s repetition of the Shacharis and Mincha Shemoneh Esrei.[71] The Chazan recites Aneinu as a separate blessing between the blessings of Goal Yisrael and Rifaeinu.[72] This applies during the Chazan’s repetition of both Shacharis and Mincha Shemoneh Esrei. However during the Chazan’s silent prayer of Shemoneh Esrei of Shacharis he does not say Aneinu[73], while during his silent prayer of Mincha he recites Aneinu within Shomeia Tefila just like the other Daveners.[74]

One who forgot Aneinu:[75] If one forgot to say Aneinu in Shomeia Tefila he has nevertheless fulfilled his obligation.[76] If he remembered prior to finishing Shemoneh Esrei he is to recite it at the end of Davening[77], in Elokaiy Netzor prior to the [second[78]] Yihyu Leratzon.[79] If he remembered prior to Ritzei, he is nevertheless to continue and recite it in Elokaiy Netzor.[80] [If he only remembered after finishing Davening that it is proper to concentrate on each word of the Chazzan’s repetition and thus fulfill his obligation.[81]]

Chazan forgot Aneinu:[82] If the Chazan forgot to say Aneinu in his repetition he has nevertheless fulfilled his obligation.[83] If he remembered prior to reciting Hashem’s name in the blessing of Rifaeinu then he is to go back and recite it and then repeat from Rifaeinu.[84] If he already recited Hashem’s name in the end blessing of Rifaeinu then he may not go back and say it[85] and is rather to recite Aneinu in Shomeia Tefila just like one does by his private Shemoneh Esrei.[86] In such a case he is to recite the end blessing of Aneinu and conclude the blessing of Shomeia Tefila as “Haoneh Bieis Tzarah Veshomeia Tefila”.[87] If one did not recite the end blessing of Aneinu and concluded the blessing of Shomeia Tefila as usual he has nevertheless fulfilled his obligation of Aneinu.[88] If he forgot to say it within Shomeia Tefila and already recited Hashem’s name in the blessing then he is to say the entire blessing of Aneinu on its own [immediately[89]] after concluding the blessing of Sim Shalom [prior to saying the first Yehiyu Leratzon].[90]

Chazan mistakenly said Aneinu before Goal Yisrael:[91] If the Chazan mistakenly recited Aneinu prior to the blessing of Riei Na then he must repeat Aneinu after Riei Na.[92]

 

Q&A

May Aneinu be recited in the Chazan’s repetition if not everyone in the Minyan is fasting?[93]

Some Poskim[94] rule the Chazan may not recite Aneinu unless there are ten people fasting within the Minyan.

Others[95] rule it may be only be recited if there are seven people fasting. Others[96] rule it may only be recited if there are six people fasting. Other Poskim[97] rule that if at least three people in the Minyan are fasting the Chazan may recite Aneinu in his repetition. Practically the Chabad custom is like this latter opinion.[98] However many are accustomed that the Chazan only says Aneinu if there are at least six people fasting.[99]

If there are not enough fasters at the Minyan should the Chazan recite Aneinu in Shomeia Tefila? Some Poskim[100] rule the Chazan is to recite Aneinu within Shomeia Tefila even if the minimum amount of fasters are not present.

 

May the Torah  be read by Shacharis and Mincha if not everyone in the Minyan is fasting?[101]

Many Poskim[102] rule that if at least three people in the Minyan are fasting the Torah may be read. Practically the Chabad custom is like this opinion.[103] However many[104] are accustomed to only read the Torah if there are at least six people fasting.

What is the congregation to do on Shacharis of Mondays and Thursdays if there are not enough fasters at the Minyan?[105] On Shacharis of Mondays and Thursdays, if there are not enough fasters at the Minyan, the congregation should read the weekly Torah portion instead of Vayichal.

 

May one who is not fasting recite Aneinu?[106]

This matter is disputed in Poskim.

 

If one accidently recited Aneinu between Goal Yisrael and Rifaeinu is he to still say it within Shomeia Tefila?[107]

No, as he has already fulfilled his obligation.

 

Sparks of Kabala

The meaning behind Aneinu:[108]

The Kol Bo writes the prayer of Aneinu contains 63 words which correspond to the 63 letters contained within the verse “Vayira Yaakov Meod…” The Aguda writes that it corresponds to the 63 letters of the three Avos and twelve tribes.[109] Alternatively it corresponds to the Divine 63 letter name of Hashem [Sheim Sag], which corresponds to Bina and Gevura. We thus recite 63 words in order to sweeten the severities of Bina.

 

D. Mincha:  

Charity:  Prior to Mincha one is to give Igara Ditaanisa to charity.[110]

Torah reading: The Torah portion of Vayichal is read during Mincha. This is followed by the reading of the Haftorah. 

Yehalelu: [111] After the reading of the Haftorah Yehalelu is recited and the Torah is returned to the Aron. This is then followed by half Kaddish. [However there were years that the Rebbe began the Kaddish immediately after the Haftorah as is normally done by Mincha of Shabbos.[112] However in most years the Rebbe waited for the Sefer Torah to be returned.[113]

Aneinu: During Shemoneh Esrei of Mincha Aneinu is recited, as stated in the previous Halacha.

Nesias Kapayim:[114] The Chazan recites Birchas Kohanim in his repetition of Shemoneh Esrei of Mincha. Those places which are not accustomed to perform Nesias Kapayim recite Elokeinu during the Chazan’s repetition.[115] [This applies even when Mincha is being Davened early, by the time of Mincha Gedolah.[116]] Those that are accustomed to perform Nesias Kapayim daily, are to do so as well by Mincha of a fast day. [However this only applies when Mincha is being prayed close to sunset.[117] Some[118] rule this to be within thirty minutes before sunset. Others[119] rule it refers to past Plag Hamincha. Others rule it refers to Mincha Ketana.[120] However when praying Mincha prior to Plag Hamincha Nesias Kapayim is not performed.[121] Nevertheless one does recite Elokeinu Velokei Avoseinu, as stated above.]

Tachanun and Avinu Malkeinu: Tachanun and Avinu Malkeinu are omitted during Mincha of Erev Purim.[122] When the fast is pushed up to Thursday, then following the Chazan’s repetition, Tachanun is recited with Avinu Malkeinu.

Q&A

May Elokeinu or Nesias Kapayim be recited in the Chazan’s repetition if not everyone in the Minyan is fasting?

Some Poskim[123] rule one is not to say Elokeinu or perform Nesias Kapayim if there are not ten people fasting within the Minyan. However others[124] leave this matter in question, as perhaps it follows the same ruling as the recital of Aneinu and Kerias Hatorah in which case some[125] are lenient even if there are three people fasting.

 

May a Kohen perform Nesias Kapayim if he is not fasting?[126]

No. Thus he is to leave the Shul prior to Ritzei.

 

Tzidkascha on Shabbos Erev Purim:[127]

If Erev Purim falls on Shabbos, Tzidkascha Tzedek is omitted from Mincha of Shabbos.


[1]Other customs: The vintage Chabad custom 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 Chazan to not say Selichos or Avinu Malkeinu on a fast day stating that he knows from reliable testimony that the Alter Rebbe did not say it. [Reshimos Devarim 2/98; Otzer ibid]

[2] It is recited prior to the prayer of Avinu Malkeinu in Tachanun.

[3] See Otzer Minhagei Chabad p. 163 that the Rebbe did not receive a directive if the Selichos are to be said in middle of Davening or prior to Davening. Practically however the Rebbe recited it during Davening and so is the Chabad custom today. This however is in reference to Tzom Gedalia, which falls during the ten days of repentance, of which the worldly custom is to recite Selichos before Davening, and hence the novelty of our custom is to recite it within Davening. However regarding Selichos of a regular fast day, everyone recites it within Davening and not before hand. The original custom of Ashkenazi Jewry was to recite Selichos within Chazaras Hashatz by Selach Lanu. [First opinion in Michaber 566/4; Mahril; Minhagim 96; Siddur Yaavetz] However the custom of Sefaradic Jewry, and so is the widespread custom today even amongst Ashkenazim, is to recite Selichos after Shemoneh Esrei. [Michaber ibid; P”M 566 M”Z 6; Aruch Hashulchan 566/8 that so is the custom; M”B 566/17[

[4] Kitzur Shlah Miseches R”H “It is proper to stand while saying Selichos, and one who is unable to stand is at the very least to stand while reciting Keil Melech Rachamim and Vayavor and the 13 Middos”

[5] Sefer Haminhagim p. 53 based on Arizal in Peri Eitz Chaim 51; Peri Eitz Chaim 5/8; So rules also Ashel Avraham Butchach; Gr”a in Maaseh Rav; Kaf Hachaim 602/13; See Otzer Minhagei Chabad R”H 66

[6] The reason: As we have already recited Ashamnu within Tachanun and we do not recite Viduiy twice within one prayer, as one who says Viduiy more than one time in a row is like an animal that is returning to sin. [Arizal ibid, brought in Kaf Hachaim 602/13]

[7] Admur Kama 1/9

[8] Birkeiy Yosef 581/5; Kaf Hachaim 581/6

[9] Birkeiy Yosef 581/4; Shaareiy Teshuvah 581/1; Kaf Hachaim 131/21 and 581/5; Zechor Leavraham 131/6; Beis Oved 131/2; Chesed Lealafim 131/9

[10] Ben Ish Chaiy Ki Sisa 4

[11] Pirkei Direbbe Eliezer 46; Piskeiy Teshuvos 131/9

[12] Ben Ish Chaiy ibid [doing so helps for concentration]

[13] Ben Ish Chaiy ibid

[14] M”A 565/5 in name of Darkei Moshe and Abudarham; Kaf Hachaim 131/20

[15] Kaf Hachaim 131/20; Shalmei Tzibur p. 149; Kaf Hachaim [Falagi] 131/13

[16] Michaber 565/5; Mateh Efraim 581/21; Kaf Hachaim 565/26 [this applies even during the Aseres Yimei Teshuvah].

[17] Bach; M”A 565/6; Gr”a; M”B 565/13; Elya Raba; Birkeiy Yosef 131/11; Kesher Gudal 19/10; Shalmei Tzibur 149; Zechor Leavraham 131/6 Kaf Hachaim 131/25; Yalkut Yosef Moadim 13 footnote 17; Mateh Efraim 581/21 and Chesed Lealafim 131/9 and Kitzur SHU”A 128/9 rule it may be said although one must skip “Uzechor Hayom Bris..”.

Other Opinions: Some Poskim rule one may not recite Selichos without a Minyan. [Rama 565/5; Taz 565/5]

Background:

The Rama 565/5 rules [in name of Or Zarua] that a Yachid may not say Selichos. The Taz 565/5 explains it is forbidden because one mentions in Selichos “Uzechor Hayom Bris Shlosh Esrei” which is forbidden to be said without a Minyan, just like the 13 attributes themselves. The Bach [brought in Taz ibid and M”A 565/6] however argues that Selichos may be recited, and so rules M”A 565/6 saying the intent of the Or Zarua and Rama was to negate saying Selichos in middle of Shemoneh Esrei. [See Gr”a; Shaareiy Tziyon 565/10] Practically Mateh Efraim 581/21 brings not to say “Uzechor Hayom Bris..” as rules Taz ibid. So also rules Chesed Lealafim 131/9 and Kitzur SHU”A 128/9. However the M”B 565/13 sides like the M”A ibid that one recites Selichos as usual, omitting the actual 13 attributes. So rules also Elya Raba; Birkeiy Yosef 131/11; Kesher Gudal 19/10; Shalmei Tzibur 149; Zechor Leavraham 131/6 [brought in Kaf Hachaim 131/25]; Yalkut Yosef Moadim 13 footnote 17 that so is the custom.

[18] Michaber 565/5; Mateh Efraim 581/21; Kaf Hachaim 565/26 [this applies even during the Aseres Yimei Teshuvah].

[19] Rama 565/5; Kitzur Shlah Miseches Taanis

[20] Kitzur Shlah Miseches Taanis [“One needs to tell the masses that should not say Keil Melech Yosheiv and Vayaavor”]

[21] Sefer Hatanya 72; Elya Raba 581/9; Kaf Hachaim 581/26; Mateh Efraim 581/21; M”B 581/4

The reason: The reason for omitting the Aramaic parts is because the angels do not understand Aramaic and will hence be unable to elevate these prayers. [see Admur 101/5] The Kaf Hachaim ibid questions this ruling as why do we need the angels to understand our prayers. The prayers can be said directly to Hashem. Likewise this matter of omitting Aramaic when reciting Selichos in private is not brought in any other Poskim.

[22] Bach; M”A 565/6; Gr”a; M”B 565/13; Elya Raba; Birkeiy Yosef 131/11; Kesher Gudal 19/10; Shalmei Tzibur 149; Zechor Leavraham 131/6 Kaf Hachaim 131/25; Yalkut Yosef Moadim 13 footnote 17

Other opinions: Some Poskim rule one is to omit the words “Uzechor Hayom Bris Shlosh Esrei” upon saying Selichos without a Minyan. [Taz 565/5; Mateh Efraim 581/21; Chesed Lealafim 131/9 and Kitzur SHU”A 128/9 ]

[23] Mateh Efraim 581/18; Kitzur Shlah Miseches R”H “It is proper to stand while saying Selichos, and one who is unable to stand is at the very least to stand while reciting Keil Melech Rachamim and Vayavor and the 13 Middos”

[24] See Beir Moshe 1/23 regarding standing when the ark is open.

[25] See Admur 607/7 “One needs to confess standing and is hence not to lean in a way that it supports him from falling”.

[26] Nitei Gavriel Bein Hametzarim 10/5; Shearim Hametzuyanim 121/2; Glosses of Chasam Sofer 566/5

[27] Michaber 131/5 regarding Mila; Elya Raba 133/13; M”B 133/27 in name of Elya Raba and Magen Giborim “The same applies for a Chasan”; Ketzos Hashulchan 24/7

Regarding Selichos of Elul: See Pnei Meivin Yoreh Deah 319; Ketzei Hamateh 602/22; Piskeiy Teshuvos 581/4

[28]The reason: As it suffices to omit part of the prayer in honor of the Chasan and it is not necessary to omit it completely. [Taz 133/13; M”B 133/28]

Regarding saying Ashamnu: The Michaber ibid rules that Viduiy is recited within Selichos. The Kaf Hachaim 133/92 writes that it is to be said before Davening. The Piskeiy Teshuvos 131 footnote 151 writes that the Viduiy is recited [however in 581/4 he writes Viduiy is not recited]. However the Ketzos Hashulchan ibid writes that one skips all Tachanun and Nefilas Apayim, hence implying that Viduiy is not recited and so is the Chabad custom. [see Shulchan Menachem 3/83] Vetzaruch Iyun 

[29] Shaareiy Teshuvah 131/6; P”M 131 M”Z 12; Divrei Nechemia [Hashlama] 131/7; Ketzos Hashulchan ibid footnote 28 in name of Divrei Nechemia

Regarding Selichos of Elul: The Chasan recites Selichos as usual, without Tachanun. [Nitei Gavriel 16/8; Directive of Rebbe to Rabbi Leibel Groner when he was a Chasan during Selichos. Shulchan Menachem 3/83]

[30] Michaber 131/5; Ketzos Hashulchan 24/7

Regarding Selichos of Elul: See Pnei Meivin Yoreh Deah 319; Ketzei Hamateh 602/22; Pischeiy Teshuvah 581; Glosses of Shoel Umeishiv on 602; Alef Hamagen 581/38 in gloss; Sheivet Halevi 4/54; Levushei Mordechai 226; Mechzeh Avraham 154; Betzeil Hachochma 4/146; Piskeiy Teshuvos 581/4

[31]The reason: As it suffices to omit part of the prayer in honor of the Chasan and it is not necessary to omit it completely. [Taz 133/13; M”B 133/28]

[32] Shaareiy Teshuvah 131/6; P”M 131 M”Z 12; Divrei Nechemia [Hashlama] 131/7; Ketzos Hashulchan ibid footnote 28 in name of Divrei Nechemia

Regarding Selichos of Elul: The Baal Bris recites Selichos as usual, without Tachanun. [Nitei Gavriel 16/8; Directive of Rebbe to Rabbi Leibel Groner when he was a Chasan during Selichos. Shulchan Menachem 3/83]

[33] 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

[34] Taz ibid; Poskim ibid

[35] 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]

[36] P”M 131 M”Z 12; Divrei Nechemia [Hashlama] 131/7; Ketzos Hashulchan ibid footnote 28 in name of Divrei Nechemia; 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.

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

[38] Birkeiy Yosef 131/7-8; Kitzur Shlah Miseches R”H “It is proper to stand while saying Selichos, and one who is unable to stand is at the very least to stand while reciting Keil Melech Rachamim and Vayavor and the 13 Middos”; Piskeiy Teshuvos 131/9

[39] Birkeiy Yosef in Shiyurei Bracha 131/19; Shalmei Tzibur p. 149; Beis Oved 131/3; Kaf Hachaim [Falagi] 131/13; Kaf Hachaim 131/19

[40] Sheivet Halevi 7/12; Igros Moshe 3/89; Yabia Omer 4/8; Piskeiy Teshuvos 131/9; See Sheivet Halevy 9/1; Kinyan Torah 4/9

[41] It is disputed in Poskim whether the 13 Middos have the same status as any Davar Bekedusha or not. See Halef Lecha Shlomo 44; Tehila Ledavid 66/7; Igros Moshe ibid; Yabia Omer ibid. Practically the age old custom is to treat it as a Davar Shebekidusha.

[42] Poskim ibid

[43] Sheivet Halevy 9/1; Kinyan Torah 4/9

[44] Sheivet Halevi 7/12; 9/24; Piskeiy Teshuvos 131/9; 581 footnote 78; However see Torah Leshma 96 that he writes if the Yachid began Viduiy together with the congregation then he may continue and start the 13 attributes even after they finish.

[45]The reason: As it is considered a Davar Shebekedusha and is similar to Kaddish and Kedusha which may only be recited with ten people at the same time. [See M”B 565/11]

[46] Ben Ish Chaiy Ki Sisa 4 as explained in his Sefer Mikavtzel; Torah Leshma 96; Kaf Hachaim 131/24

[47]The reason: As since one began saying the words with a Minyan he may finish it off. [ibid]

[48] Piskeiy Teshuvos 131/9 [however the sources he provide are inaccurate]; The Ben Ish Chaiy ibid only relates to a case that one began with the congregation. However in Torah Leshma 96 he writes that if the Yachid began Viduiy together with the congregation then he may continue and start the 13 attributes even after they finish.

[49] Michaber 565/5; M”A 565/5 in name of Terumas Hadeshen; Seder Hayom [must finish the entire verse]; Machazik Bracha 131/6; Kesher Gudal 19/9; Ruach Chaim 131/1; Mateh Efraim 581/21 [however states that in such a case must omit the words Zechor Lanu Hayom Bris Shlosh Esrei]; Hisorerus Teshuvah 2/140; Minchas Elazar 4/22 [defends ruling of Mateh Efraim however in Darkei Chaim Veshalom 190 says not to say at all even in a way of Niggun. Vetzaruch Iyun.]; Grach Naah in Yagdil Torah Jerusalem 17 p. 26 [states that technically one is not even required to recite it with the tune]; Igros Moshe Yoreh Deah 3/10; Kaf Hachaim 131/23 brings the dispute on this matter and rules it is only to be said with the Niggun by Tachanun and not by Selichos.

The reason: As there is no prohibition in reading it as a verse in scripture. The prohibition is only when reading it without a Minyan as a prayer and supplication

The tune: Rav Avraham Chaim Naah in Yagdil Torah ibid states that technically one is not even required to recite it with the tune, and it is only done to show that one does not mean to say it as a prayer. The Igros Moshe ibid similarly states that one may read the words in the usual tune he uses for reading words of Torah, even if it is not the actual Torah reading tunes [Taamim], so long as it does not sound like a supplication.

Finishing the verse: The Seder Hayom writes that one must finish the entire verse [until Vieal Riveim] and may not stop by the words Venakeh, as it is forbidden to end a verse in an area that Moshe did not end. [see Admur 494/11] However some Poskim state it is not necessary to finish the verse. [Ben Ish Chaiy in Rav Poalim 1/11; Yechaveh Daas 1/47 based on Pesach Dvir 51] Practically the Kaf Hachaim ibid negates the opinion of the Seder Hayom and so rules Rav Avraham Chaim Naah in Yagdil Torah ibid; Igros Moshe ibid; Hisorerus Teshuvah 2/140; Piskeiy Teshuvos 565/5]

Reading in a Siddur: Some write that one must read the verse within a Sefer rather than from memory. [Piskeiy Teshuvos ibid in name of Peri Hasada 4/49]

[50] Beis Yosef 565; Taz 565/5; Birkeiy Yosef 488/5 in name of Maharam Zakusa in name of Arizal; Shalmei Tzibur p. 148; Zechor Leavraham 131/7; Darkei Chaim Veshalom 190 [However see Minchas Elazar 4/22 which defends ruling of Mateh Efraim ibid that it may be said so long as one skips the parts that mention the 13 Middos before and after reading it. Vetzaruch Iyun.]; Kaf Hachaim 131/23 rules that by Selichos one may not say it.

The reason: The reason is because since he is mentioning it at this time, seemingly his intent is as a request and not to read a verse in the Torah. [Taz ibid]

[51] Otzer Minhagei Chabad Elul 63; Hiskashrus 423 p. 18 footnote 17; Glosses of Rav Raskin on Siddur footnote 337; Heichal Menachem 3/265

Background:

Otzer Minhagei Chabad ibid records that an individual does not recite the 13 attributes even with the Torah reading tune. This is based on an answer of the Rebbe to this exact question of which the Rebbe answered that he has not heard of such a practice of reading it with the tune. In the first printings of the Siddur Tehilas Hashem it stated by Mincha that a Yachid does not recite the 13 attributes. It did not mention this by Shacharis or Selichos. The Rebbe was hence asked if there is a difference, to which the Rebbe replied in Igros Kodesh 3/138 that he never heard of such a differentiation as the ruling is clearly given in 565/5 without any difference regarding the type of prayer.

[52] Piskeiy Teshuvos 581/12

[53] 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 Malkeinu 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 Chazan to not say Selichos or Avinu Malkeinu

Repeating the middle stanzas after the Chazan: It is not our custom to repeat the middle stanzas aloud after the Chazan. [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 Efraim 602/13; Yalkut Avraham 584; Piskeiy Teshuvos 602/2]

[54] 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]

[55] Mateh Efraim 619/46; Otzer Minhagei Chabad 199 in name of Sefer Haminhagim

[56] Makor Chaim of Chavos Yair 602; Piskeiy Teshuvos 602/2

The reason: As it was established to be recited corresponding to Shemoneh Esrei. [ibid]

[57] 602/4; Rama 602/2 in name of Minhagim

[58] This includes the paragraph of Vehu Rachum recited on Mondays and Thursdays. [ibid]

[59] 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]]

[60] 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]

[61] 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;]

[62] 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 Chazan 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

[63] M”E 602/11; Otzer Minhagei Chabad p. 160 based on directive of Rebbe; Piskeiy Teshuvos 602/2

[64] 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]

[65] M”B 566/19

[66] M”B 566/21

[67] Rama 565/3

[68] Michaber 565/1

[69] Rama 565/1; It is not said as a separate blessing and rather as soon as one reaches the words Lechol Eis Tzara Vetzuka he then continues back with the words Ki Ata Shomeia Tefilas… [Rama ibid]

[70] Rama 565/3

The reason: As it is possible that one may have to break his fast due to a medical emergency, and he will hence have ended up lying within his prayer of “the day of our fast”. [Michaber 565/3]

Other Opinions: The Michaber ibid rules that by the four fasts every fasting individual is to recite Aneinu within his private Shemoneh Esrei [by Shomeia Tefila]. This applies even by the Maariv Shemoneh Esrei recited the night before the start of the fast in the morning. [M”B 565/9 in name of Gr”a]

[71] Rama 565/3

[72] Michaber 566/1

[73] As rules Rama 655/3

[74] Michaber 565/1

[75] 565/2

[76] Michaber ibid

[77] Michaber ibid

[78] Kaf Hachaim 565/12; Piskeiy Teshuvos 565/2; Hiskashrus 1025

[79] Levush; M”B 565/7; Kaf Hachaim 565/12; Bedieved on may say it even after Yehiyu Leratzon. [Shaar Hatziyon 565/6]

[80] M”A 565/2; M”B 565/6; Kaf Hachaim 565/3

[81] Mahril 12; Taz 565/2; Kaf Hachaim 565/13

[82] Admur 119/5

[83] Michaber 565/2; Kaf Hachaim 565/10

[84]The reason: As one is required to go back to say Aneinu if he will not be required to repeat the blessing of Rifaeinu. [Admur ibid]

[85]The reason: As if he were to go back then he would be required to repeat the blessing of Rifaeinu and would hence cause his previous blessing of Rifaeinu to have been said in vain. One cannot say it after the blessing of Rifaeinu as the blessings in Shemoneh Esrei must be said in their proper order. [Admur ibid]

[86] Admur ibid

[87] Admur ibid based on M”A 119

The reason: This is not considered as if one is ending with two blessings being that the words of Shomeia Tefila can also refer to the prayers of the fast day. [ibid]

Other Opinions: Some Poskim rule one is not to recite the end blessing of Aneinu but is rather to stop before the blessing and then recite “Ki Ata Shomeia Tefilas..” [M”B 119; Mateh Efraim 602/9]

[88]The reason: As the words of Shomeia Tefila can also refer to the prayers of the fast day. [Admur ibid]

[89] Piskeiy Teshuvos 565/2

[90]The reason: As since one has already completed the eighteen blessings of Shemoneh Esrei there is no problem of saying it out of order. [Admur ibid]

[91] Admur 119/6

[92]The reason: As if the blessings must be recited in the correct order otherwise the Shemoneh Esrei is invalid. [ibid]

[93] See Piskeiy Teshuvos 566/4 for a general overview of this topic.

[94] Michaber 566/3; Admur 119/5; Kitzur SHU”A 20/8

[95] M”B 566/14; Machazik Bracha brought in Shaareiy Teshuvah 566/3 writes 6 or 7

[96] Machazik Bracha ibid; Yeshuos Yaakov 566; Keren Ledavid 145; Kaf Hachaim 119/27 and 566/32 in name of many Poskim; Chelkas Yaakov 3/69; Igros Moshe 4/113; Minchas Yitzchak 1/65; Yechaveh Daas 1/79; Beir Moshe 8/93; Piskeiy Teshuvos 566/4

[97] Bach in name of Aguda; Meiri Megillah 2a; Orchos Chaim [Lunil]; Leket Yosher 114 in name of Terumos Hadeshen; Aruch Hashulchan 566/7; Mahrsham 2/97; Daas Torah 69; Sdei Chemed 1 Klalei Haposkim 13/7; Sefer Haminhagim [English] p. 26; Piskei Dinim 566; Shut Tzemach Tzedek Shaar Hamiluim 8, brought in Shaar Hakolel 9/17; Igros Kodesh 16/313; Luach Kolel Chabad; Hiskashrus 1024 footnote 16

Does this apply even if the other seven people in the Minyan ate more than the Shiur? In Sefer Haminhagim ibid and Shut Tzemach Tzedek ibid it states that the above allowance only applies if the other seven people did not eat more than the permitted Shiur of food which is allowed if one is sick and the like. However in Igros Kodesh ibid, and the Rebbe’s edited edition of Luach Kolel Chabad, this condition was omitted hence implying the condition is not necessary. [Hiskashrus ibid]

[98] Sefer Haminhagim [English] p. 26; Piskei Dinim 566; Shut Tzemach Tzedek Shaar Hamiluim 8, brought in Shaar Hakolel 9/17; Igros Kodesh 16/313; Luach Kolel Chabad; Hiskashrus 1024 footnote 16

[99] Conclusion of Piskeiy Teshuvos ibid based on the third opinion here.

[100] See Kaf Hachaim 566/28 for a dispute in this matter. He concludes that by a Taanis Tzibur of the fasts of scripture seemingly all agree the Chazan may say it in Shomeia Tefila. So rules also M”B 566/13; Hiskashrus 1025. However see Admur 119/5 that implies the Chazan is not to say it at all if there are not enough people in the Shul that are fasting, Vetzaruch Iyun.

[101] See Piskeiy Teshuvos 566/4 for a general overview of this topic.

[102] Bach in name of Aguda; Meiri Megillah 2a; Orchos Chaim [Lunil]; Leket Yosher 114 in name of Terumos Hadeshen; Aruch Hashulchan 566/7; Mahrsham 2/97; Daas Torah 69; Sdei Chemed 1 Klalei Haposkim 13/7; Sefer Haminhagim [English] p. 26; Piskei Dinim 566; Shut Tzemach Tzedek Shaar Hamiluim 8, brought in Shaar Hakolel 9/17; Igros Kodesh 16/313; Luach Kolel Chabad; Hiskashrus 1024 footnote 16;

Does this apply even if the other seven people in the Minyan ate more than the Shiur? In Sefer Haminhagim ibid and Shut Tzemach Tzedek ibid it states that the above allowance only applies if the other seven people did not eat more than the permitted Shiur of food which is allowed if one is sick and the like. However in Igros Kodesh ibid, and the Rebbe’s edited edition of Luach Kolel Chabad, this condition was omitted hence implying the condition is not necessary. [Hiskashrus ibid]

[103] Sources in previous footnote

[104] See previous Q&A; The Chasam Sofer 157 rules that one may read the Torah even if there is no one fasting in the congregation.

[105] Zera Emes 86; Keren Ledavid 145; Chelkas Yaakov 3/69; Bitzel Hachachma 1/2; Kinyan Torah 119; Piskeiy Teshuvos 566/4

[106] See Piskeiy Teshuvos 565/1; Biur Halacha 565 “Bein”; M”B 568/3

[107] Kaf Hachaim 565/2

[108] Kaf Hachaim 655/1

How many words are contained in the Nussach of Admur of Aneinu? There are 65 words contained within the Nussach of Aneinu of Admur in the Siddur. The Nussach Sefarad contains less than 63 words.

[109] Brought in Elya Raba 655/1

[110] The fast “tax” which consists of the money worth of meals saved by fasting. This money is given to charity.

[111] Siddur Tehilas Hashem; See Shaar Hakolel 29/4; Glosses of Rav Raskin on Siddur p. 320

[112] See Hiskashrus 451 p. 14 footnote 47 and 1046 p. 14; Glosses of Rav Raskin on Siddur p. 320

Background:

In the year 1988 by Taanis Esther the Rebbe began reciting Kaddish prior to the Sefer Torah entering the Heichal. However in 1989, by all the fast days [17th Tamuz, Tzom Gedalia and 10th of Teves] the Rebbe waited until the Sefer Torah was inside the Aron prior to beginning Kaddish. [Hiskashrus 1046 based on the videos of those years]. To also note that in many years that the Rebbe Davened for the Amud the Rebbe waited until after Yehalelu, and the entrance of the Sefer Torah, to the Aron to begin Kaddish, even on Shabbos by Mincha! [Hiskashrus ibid; See also Hiskashrus 1056 that this was because of a greater interval that would be caused between the end of the Kaddish and Shemoneh Esrei, and this is hence not to be followed in other Shul’s in which such a long interval will not transpire.]

[113] See background above.

[114] Michaber 129/1; 566/8; Admur 129/1-2

[115] M”B 129/8; 566/23; Kaf Hachaim 566/52; see Admur 129/2

[116] Rav Poalim 4/6; So is implied from ruling of Rama and Admur 129/2 regarding saying Elokeinu by Mincha of Yom Kippur; and so is implied from Magen Avraham 129/1, as explained in Levushei Serud, as he learns the Rama. So rules Luach Davar Beito, and so is implied from Siddur.

Other Poskim: Some Poskim rule that Elokeinu is not to be said whenever Nesias Kapayim is not allowed to be done. [See M”B 129/8; Piskeiy Teshuvos 129/1 and footnote 6 which rules that it is not to be said.]

[117] Implication of Michaber ibid; Admur ibid; Mishneh Berurah ibid which all write that the reason why Birchas Kohanim may be done on the Mincha of a fast day is because it is customarily prayed near sunset. This thus implies that if it were to be prayed much time before sunset then Birchas Kohanim may not be done. 

Other Poskim: The Chazon Ish [20] suggests that even when Davening Mincha early, such as by Mincha Gedolah, one may do Nesias Kapayim, although he concludes with leaving this matter in question. Based on this however, some Litvish communities have a custom to do Birchas Kohanim even when Davening early. [See Piskeiy Teshuvos 129/1; 566/8; Rav Poalim ibid]

[118] Kaf Hachaim 129/7; Hiskashrus 1024

[119] Luach Eretz Yisrael of Rav Tukichinsky; Piskeiy Teshuvos 566/8.

[120] Sheivet Halevi 8/23; Piskeiy Teshuvos 129/1

[121] Poskim ibid

[122] Siddur; Luach Kolel Chabad

[123] See P”M 566 A”A 11; Kaf Hachaim 566/52 that it may not be said if there are ten people that are not fasting. However see Poskim

[124] See Piskeiy Teshuvos 129/2; Dvar Yehoshua 3/75

[125] M”B 566/14; Machazik Bracha brought in Shaareiy Teshuvah 566/3 writes 6 or 7; Machazik Bracha ibid; Yeshuos Yaakov 566; Keren Ledavid 145; Sefer Haminhagim [English] p. 26; Piskei Dinim 566; Shut Tzemach Tzedek Shaar Hamiluim 8, brought in Shaar Hakolel 9/17; Igros Kodesh 16/313

[126] Kaf Hachaim 129/5 in name of Peri Chadash; Machazik Bracha 129/2; Piskeiy Teshuvos 129/2

[127] M”B 686/3

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