Is one to say Yaaleh Veyavo if he began the meal on Rosh Chodesh but is reciting Birchas Hamazon on Motzei Rosh Chodesh 

Is one to say Yaaleh Veyavo if he began the meal on Rosh Chodesh but is reciting Birchas Hamazon on Motzei Rosh Chodesh?[1]

The dispute:[2] If one began a meal [of bread] on Rosh Chodesh [eating at least a Kezayis of bread during daytime prior to sunset[3]] and the meal extended into the night after [i.e. Motzei Rosh Chodesh] then some Poskim[4] rule that one is to nevertheless recite Ya’aleh Veyavo in Birchas Hamazon.[5] Other Poskim[6], however, rule that one is not to recite Ya’aleh Veyavo after nightfall.[7]

Practical ruling:[8] Practically, the custom is like the first opinion that one is to nevertheless recite Ya’aleh Veyavo in Birchas Hamazon. This applies even if one Bentches many hours into the night.[9] [It is recited in the regular Nussach of Bayom Hazeh.[10] However, if one forgot to say Yaaleh Veyavo in such an instance and remembered right before the 4th blessing, then he recites the special blessing after Uvinei Yerushalayim without Sheim Umlachus.[11]]

Davened Maariv:[12] If one Davened Maariv prior to Benching then he may no longer say Ya’aleh Veyavo in Benching.[13] This applies even if it is still day, such as he Davened Maariv prior to nightfall, after Plag Hamincha.[14] [Thus, one is to avoid Davening Maariv prior to Benching in order so he is able to say Ya’aleh Veyavo.[15]]

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[1] Admur 188:17; Michaber 188:10; Michaber and Rama 695:3; Ketzos Hashulchan 47:8; Piskeiy Teshuvos 188:19

[2] Background:

Admur ibid records three opinions in this matter:

1. Some opinions rule, as stated above, that one recites Ya’aleh Veyavo even after nightfall as we follow the beginning of the meal, which was eaten on Rosh Chodesh. [Hagahos Maimanis Megillah 2:14; Orchos Chaim Purim 35; First opinion Admur ibid; Michaber 188:10; First opinion in Michaber 695:3; Opinion in Shut Rama 132; Opinion in M”A 188:18]
2. Others however rule that this only applies to Shabbos and Yom Tov which contain the Mitzvah of Tosefes Kedusha, however by Rosh Chodesh, Chanukah and Purim one is not to recite Ya’aleh Veyavo after nightfall as on those days there is no Mitzvah to add from Chol el Hakodesh. [Shelah Shaar Hakedusha 82b; Olas Shabbos 188:5; second opinion Admur ibid; Custom in Shut Rama 132; Opinion in M”A 188:18; Poskim in Beir Heiytiv 188:8]
3. Others rule that even by Shabbos and Yom Tov we do not recite their addition after nightfall. [Rosh 22:6; Third opinion in Admur ibid; second opinion in Michaber 695:3;]

[3] Ketzos Hashulchan 92:8; SSH”K 17 footnote 35; Piskeiy Teshuvos ibid

[4] First opinion Admur ibid; Michaber 188:10; First opinion in Michaber 695:3; Opinion in Shut Rama 132; Opinion in M”A 188:18; Hagahos Maimanis Megillah 2:14; Orchos Chaim Purim 35; Levush 188; Elya Raba 188

[5] The reason: One recites Ya’aleh Veyavo even after nightfall as we follow the beginning of the meal, which was eaten on Rosh Chodesh. [Admur ibid; Poskim ibid]

[6] 2^nd and 3^rd opinion in Admur ibid; Second opinion in Michaber 695:3; Rosh 22:6; Custom in Shut Rama 132; Opinion in M”A 188:18; Poskim in Beir Heiytiv 188:8; Shelah Shaar Hakedusha 82b; Olas Shabbos 188:5; Birchas Habayis 17:38

[7] The reason: Some Poskim rule that we only say Meuras Hayom when Bentching on Motzei the Yom by Motzei Shabbos and Motzei Yom Tov which contain the Mitzvah of Tosefes Kedusha, however, by Rosh Chodesh, Chanukah and Purim one is not to recite Ya’aleh Veyavo after nightfall as on those days there is no Mitzvah to add from Chol El Hakodesh. [Second opinion Admur ibid; Custom in Shut Rama 132; Opinion in M”A 188:18; Beir Heiytiv 188:8; Shelah Shaar Hakedusha 82b; Olas Shabbos 188:5;] Other Poskim rule that even by Shabbos and Yom Tov we do not recite their addition after nightfall, as we always follow the time of the Bentching and not the time of the meal. [3^rd opinion in Admur ibid; second opinion in Michaber 695:3; Rosh 22:6;]

[8] Admur ibid; Michaber 188:10 following first opinion in Michaber 695:3; Rama 695:3; Levush 188; Elya Raba 188; M”B 188:34; Shulchan Hatahor 188:18; Likkutei Maharich Seder Birchas Hamazon; Shevet Halevi 4:18; Or Letziyon 3:2-8; Yechaveh Daas 3:25 that so is Sephardic custom; Piskeiy Teshuvos 188:19

Other opinions by Sephardim: Some Poskim rule like the second opinion above that one is not to recite Ya’aleh Veyavo after nightfall. [Ben Ish Chaiy Chukas 22; Kaf Hachaim 188:43; 695:33]

[9] Admur ibid in 1^st opinion “even many hours into the night”; M”B 188:32; Shevet Halevi ibid; Piskeiy Teshuvos 188:19

Other opinions: Some Poskim rule that one may only recite Ya’aleh Veyavo after nightfall if he has yet to digest the food eaten during the daytime. [Beir Heiytiv 188 in name of Halachos Ketanos 2:46] Other Poskim rule that it may only be mentioned three hours into the night. [Shulchan Hatahor 188:15] Other Poskim rule it can only be said until Shiur Tosefes Shabbos. [Siddur Yaavetz]

[10] Shevet Halevi ibid; Piskeiy Teshuvos ibid footnote 64

Other opinions: Some Poskim rule that one is not to recite the words “Bayom Hazeh” when reciting Ya’aleh Veyavo after nightfall. [Ben Ish Chaiy Chukas 22; Orchos Chaim 188 in name of Oveir Oreiach]

[11] Siddur Admur regarding Shalosh Seudos; Biur Halacha 188 “Mazkir”; Piskeiy Teshuvos ibid and 188:17

[12] Admur ibid; Magen Avraham 419:1; Kaf Hachaim 424:4; Ketzos Hashulchan ibid; See also Admur 18:8 [regarding Tzitzis]; 30:5 [regarding Tefillin]; Rama Y.D. 196:1 regarding Hefsek Taharah

Other Opinions: The M”B 695:16 records a dispute on this matter and rules one is to initially avoid Davening Maariv before Birchas Hamazon in order to avoid the dispute.

[13] The reason: As it is a contradiction to have prayed the prayer of the next day and then mention the previous day. [ibid]

[14] Admur 188:17; Magen Avraham 419:1; Kaf Hachaim 424:4; See also Admur 18:8 [regarding Tzitzis]; 30:5 [regarding Tefillin]; Rama Y.D. 196:1 regarding Hefsek Taharah

[15] M”B ibid, now although he writes this in order to avoid the dispute. Seemingly even according to Admur it is proper to say the Kedusha of Ya’aleh Veyavo within Bentching and avoid Davening Maariv.

[16] Ketzos Hashulchan 92:8; Piskeiy Teshuvos 188:19 in name of Ashel Avraham of Butchach

[17] Shevet Hakehasi 5:42; Piskeiy Teshuvos 208:18; implication of Mamar Mordechai 288:18; implication of Admur 288:17 “Seudaso”; Implication of Elya Raba 188:20

Other opinions: See Kitzur SHU”A Lechem Hapanim 44:17 that implies one does recite Mein Hameura if he ate during the day. See also Piskeiy Teshuvos ibid footnote 145 that suggests from the Lechem Hapanim [44:17] that if one eats also at night after Rosh Chodesh then Rosh Chodesh can be mentioned. Vetzrauch Iyun Gadol on his understanding.

[18] The reason: As only when one has a real Kevius Seuda do we say that the after blessing follows the time of the eating, and not by a mere snack. [See Elya Raba 188:20] Alternatively, as saying Meiyn Hameura in Meiyn Shalosh is not such an obligation. [Mamar Mordechai 288:18]