1. Question: [Monday, 9^th Teves, 5783]

It often happens that we do not yet have a Minyan when the Chazan begins Rebbe Yishmael, prior to Hodu, and then a tenth man arrives right before Kaddish, or we call 10^th man right before Kaddish, and then right away say Kaddish. Someone however told us that in such a case we have to repeat the saying of Rebbe Yishmael after the 10^th man arrives and cannot begin Kaddish right away. Is this correct?

Answer:

The person is correct. If there weren’t 10 men in the room at the conclusion of the section of prayer that is immediately followed by Kaddish, then it does not suffice to simply bring in a 10^th  man for Kaddish, and rather the Chazan, or person who wants to say Kaddish must repeat the end of the prayer out loud after the 10^th man arrives in order so is it is said together with a minyan, and only then may Kaddish be said. So, for example, if the 10^th man arrived only after the conclusion of Sheyibaneh Beis Hamikdash, then the Chazan, or person saying Kaddish, must repeat the stanza of Davar Halameid Meinyano….Yehi Ratzon after the 10^th man arrives and only then say Kaddish. This applies even if the 10^th man arrived immediately after the conclusion of Sheyibaneh Beis Hamikdash without any interval in between, and certainly applies if someone had to go search for a 10^th man and bring him inside for the sake of the Kaddish, in which case everyone agrees that one must repeat from Davar Halameid Meinyano in order to say the Kaddish. Unfortunately, many people are unaware of this Halacha, and it is a mitzvah for whoever knows of it to publicize it to others and make them aware so the Kaddish is not said in vain, and so one gain the great advantage of answering to a kosher and valid Kaddish.

Explanation: Just as 10 men are required to be in the room for Kaddish to be allowed to be said, so too, the majority of Poskim rule that there must be 10 men in the room when the part of prayer or Torah learning which requires the Kaddish to be said, was recited. You see, it is forbidden to recite Kaddish in vain, and it may only be recited after Torah learning has taken place or after set sections of prayer. Now, the majority of Poskim rule that this Torah learning and section of prayer must take place with a minyan in order to obligate and permit the Kaddish to be said. Furthermore, even those Poskim who rule that it is not necessary to have a minyan for the actual saying of the verses, agree that if an interval has taken place between the saying of the verses and the Kaddish then the verses must be repeated. Accordingly, it is understood that there weren’t 10 men in the room at the conclusion of the section of prayer that is immediately followed by Kaddish, then it does not suffice to simply bring in a 10^th  man for Kaddish, and rather the Chazan, or person who wants to say Kaddish must repeat the end of the prayer out loud after the 10^th man arrives in order so is it is said together with a minyan, and only then may Kaddish be said. Based on this, we can also understand why in Sefer Haminhagim it states that the conclusion of the Braisa of Rebbe Yishmael is to be said out loud for a minyan to hear, as in order to justify the saying of Kaddish there must be a minyan who heard the learning and verses that preceded it.

Sources: See regarding that Kaddish may never be said unless it was preceded by verses: Admur 54:4; Rama 54:3; Sefer Hamachkim of Rav Nasan Bar Yehuda; Orchos Chaim; Kol Bo 6;  See regarding that the verses must be repeated if an interval has taken place: Admur 54:4; Rama 54:3; Sefer Hamachkim of Rav Nasan Bar Yehuda; Orchos Chaim; Kol Bo 6;  See regarding that the verses must be said aloud with a Minyan: M”A 54:3; 69:4; 234:1 “When one learns in Shul and they then call a tenth man for the Kaddish, it is improper for them to say Kaddish right away and they as they need ten by the actual learning”; Implication of Rambam end of Sefer Ahavah; Elya Raba 55:3 [suspects for opinion of M”A initially] and 581:13; Chesed Lealafim 54:3; Chayeh Adam 30:7; Derech Hachaim 30; Kitzur SHU”A 15:1; Aruch Hashulchan 55:5; M”B 53:11 and 54:8 and 55:2 [concludes that Achronim rule like M”A ibid]; Kaf Hachaim 55:5 and 41; Ketzos Hashulchan 16:2 footnote 6 and 7 Other opinions: Some Poskim rule it is not necessary to have ten people by the recital of the verses so long as there are ten people by the Kaddish, and thus there is no need to repeat anything aloud when the tenth man arrives. [Taz 55:3, brought in M”B ibid and Kaf Hachaim 55:41; M”A 69:4 in name of Lechem Chamudos on Rosh Brachos 8:40; Zichron Yehuda 24 in name of Maharam Shick; Mishneh Sachir 2:60] Some Poskim rule that so long as the Minyan arrived immediately after Yishtabach, then verses do not need to be repeated, and it is only to be repeated if an interval was made. [P”M 55 M”Z 3; M”B 55:2; Piskeiy Teshuvos 53:4] This is not the simple implication of the Poskim ibid, and is clearly negated in the Kitzur ibid; Regarding Chabad custom: See Sefer Haminhagim p. 6; Chikrei Haminhagim 2:29