Taanis Esther-Summary & Full Chapter of Laws and customs

. Taanis Esther-Summary:

• The 13th of Adar is an accustomed fast day. When Purim falls on Sunday, the fast takes place the previous Thursday, the 11th of Adar.
• The fast begins at Alos Hashachar of the day of the 13th of Adar. This is approximately two Zmaniyos hours prior to sunrise. If one slept [even on the couch] and then woke up prior to Alos he may not eat, unless he stipulated prior to going to sleep that he plans to eat after awaking before Alos. He may however have a drink, even if he did not stipulate before going to sleep, although initially it is proper to stipulate before going to sleep even if one only plans to drink and not to eat.
• One who is sick or is experiencing a great amount of pain is exempt from fasting on Taanis Esther. Pregnant and nursing women are exempt from fasting on Taanis Esther. Children are not required to fast, even for a few hours. However, they are not to be given sweets and the like, although one is not required to stop them from eating it if they are in the midst of doing so.
• The Mahril would not give a class on Taanis Esther in order so people are able to properly prepare for Purim.
• One does not rinse his mouth, brush his teeth, or use mouthwash, during a fast day, unless he feels extreme discomfort.
• Selichos is recited after Shemoneh Esrei of Shacharis. When reciting Selichos without a Minyan one omits the 13 attributes of mercy, and the parts in Aramaic.
• Avinu Malkeinu is recited after Selichos.
• The Chazan recites Aneinu in his repetition of Shacharis. It is not recited by anyone in the silent Shemoneh Esrei of Shacharis. At Mincha everyone says Aneinu in Shemoneh Esrei.
• Prior to Mincha one is to give Igara Ditaanisa to charity. [The fast “tax” which consists of the money worth of meals saved by fasting. This money is given to charity.]
• The Torah is read by Mincha with a Haftorah and is returned to the ark after Yehalelu, prior to the half Kaddish.
• Birchas Kohanim is recited in the Chazan’s repetition of Mincha. In Jerusalem, Nesias Kapayim is performed if Mincha is taking place past Plag Hamincha.
• Tachanun and Avinu Malkeinu are omitted by Mincha, with exception to when Taanis Esther is pushed up to Thursday.
• It is forbidden to eat or drink after the fast until the conclusion of Megillah reading. In a time of great need one may eat a small snack and have a drink.
• The Half Shekel: The half Shekel donation is given on Erev Purim prior to Mincha. When Purim falls on Sunday, the half Shekel is given on Taanis Esther, which is on the previous Thursday. However, in Jerusalem and other walled cities it is given on Sunday. One is to give three half coins to charity. Each coin is to be half of the currency amount used in one’s country. Hence in the Unites States that the currency is one dollar, one is to give three half dollar coins. In Israel that the currency is one Shekel, one is to give three half shekel coins. [Some Poskim however rule that if one has the ability, he is to give a half coin which contains real silver and is worth at least the monetary value of the half Shekel in the times of the Temple. As of January 2015, one gram of silver was worth $.57 for a total of $5.47 for the half silver Shekel.] The custom is for the father of the house to give three half coins on behalf of each member of his family, including his wife and small children [both male and female], and including even for the fetus of a pregnancy. It is best to give the children money for them to fulfill the Mitzvah themselves. One may donate the money to a Shul or for other Mitzvah purposes.
• Mincha of Erev Purim that falls on Shabbos: If Erev Purim falls on Shabbos, Tzidkascha Tzedek is omitted from Mincha of Shabbos.

1. Taanis Esther:[3]

The 13th of Adar [which is Erev Purim for un-walled cities] is [an accustomed[5]] fast day. It is commonly referred to as Taanis Esther.[6] Some have the custom to fast [in addition to the above fast] three days in commemoration of Taanis Esther.[7] They fast on the first Monday, Thursday and Monday after Purim.[8]

If Purim falls on Sunday:[9] When Purim falls on Sunday, the fast takes place the previous Thursday, the 11th of Adar.[10]

Announcing the fast the Shabbos before:[11] It is not customary to announce the fast of Esther the Shabbos before the fast. This applies even according to Sephardim.

This fast commemorates the fast [of Esther[13]] on the 13th of Adar, which was the day of battle with our enemies.[14] The fast does not commemorate the three day fast that took place in Nissan.[15] The Kabalistic reason behind the fast is in order to weaken the prosecution of the Satan who prosecutes against the Jewish people who eat and drink on Purim.[16] Other Kabbalists explain that the decree of Haman was never fully nullified but was rather switched for occasional suffering, thus we fast each year as atonement to nullify the remaining decree of Haman.[17]

2. When does the fast begin?[22]

All fast days, whether public or private [other than Tishe Be’av and Yom Kippur], begin by Alos Hashachar/daybreak. Hence, it is permitted to eat or drink on the night of the fast, up until Alos Hashachar. [The exact time of Alos will be explain in A.] This, however, is with exception to one who went to sleep at night and woke up prior to Alos, as will be explained in B. 

There is general dispute amongst the Poskim as to the definition of Alos/daybreak according to Halacha. Some Poskim[23], and calenders, rule Alos Hashachar begins 72 minutes prior to sunrise. Other Poskim[24], and calendars, rule Alos Hashachar begins 90 minutes prior to sunrise. Other Poskim[25], and calendars, rule Alos Hashachar begins two fluctuating[26] hours prior to sunrise, and so is understood by many to be the opinion of Admur. This means that the fast begins when the sun is 26 degrees below the horizon, and does not refer to 120 Zmaniyos minutes.[27] [Practically, those who follow the rulings of Admur, are to be stringent like all opinions[28], and so is the widespread Chabad custom. Thus, regarding a fast day, one is to be stringent to consider Alos Hashachar to begin approximately two fluctuating hours prior to sunrise. Accordingly, even if one was awake the entire night, or went to sleep on condition to wake up before Alos to eat/drink, he must stop eating and drinking two fluctuating hours before sunrise. Being that different calendars follow different opinions regarding the definition of Alos, it is imperative that by a fast day, one look at a calendar which shows the time of Alos in accordance to the ruling of Admur, which is 2 fluctuating hours before Alos. [The correct time according to Admur can be found in Luach Kolel Chabad, Hiskashrus, Chabad Dvar Malchus, Luach of Rav Sangwai[29] and certain Chabad websites. The time of Alos for a fast day found on Chabad.org is not accurate according to the above understanding of Admur.]

The above allowance to eat on the night before a fast up until the time of Alos, only applies if one remained awake throughout the night. However, if one slept a set sleep[31] and then woke up prior to Alos, then he may not eat [anything[32]] even if it is prior to Alos, unless he stipulated prior to going to sleep that he plans to eat after awaking before Alos. [See below for definition of a set sleep versus a temporary sleep, and the ruling according to Kabballah.]

Drinking: Some Poskim[33] rule that just as it is forbidden to eat prior to Alos if one did not make a stipulation before going to sleep, so too, he may not drink prior to Alos if a stipulation was not made prior to going to sleep. Other Poskim[34], however, rule that drinking before Alos does not require a stipulation, and he may thus drink prior to Alos, even if he did not stipulate before going to sleep.[35] [This allowance extends to any drink, and not just water.[36] Practically, if he is not accustomed to drink in middle of the night after awakening[37], then it is initially proper to make a stipulation prior to going to sleep even if he only plans to drink and not to eat upon waking up before Alos.[38] However, Bedieved, if one did not make this stipulation, then he may nevertheless drink prior to Alos even if he is not accustomed to drink in middle of the night after awakening.[39] One who is accustomed to always drink upon waking up in middle of the night, does not need to make a stipulation at all, even initially.[40] If one stipulated to eat upon awakening prior to Alos, then this includes also drinking, and it is not necessary to also stipulate to drink.[41]]

A temporary sleep:[42] The above requirement to make a stipulation before going to sleep only applies by a set sleep [i.e. Shinas Keva]. [Thus, if one slept a temporary sleep and then woke up before Alos, it is considered as if he did not sleep at all and he may thus continue to eat and drink prior to Alos, even though a stipulation was not made beforehand. Now, what is the definition of a temporary sleep, versus a set sleep? A temporary sleep is defined as one who slightly dozed off, such as during a meal, or while reading, in which case one’s consciousness is still somewhat alert, and he will thus reply if asked a question.[43] However, one who fell into a regular deep state of sleep, is considered to have slept a set sleep even if he did not do so on his bed.[44] Thus, if one fell asleep on the couch, then if a stipulation was not made beforehand he may not eat upon awakening prior to Alos, if he fell into a regular deep sleep. However, if one fell asleep in middle of a meal, prior to finishing it, then this matter is debated amongst the Poskim[45] as to whether a stipulation is required beforehand.]

The Zoharic prohibition against eating before Alos: Despite the above Halachic allowance to eat before Alos of a fast day if a stipulation was made, some Poskim[46] rule it is a grave prohibition according to Kabala to eat, prior to dawn, after awakening, throughout the entire year. This prohibition applies starting from midnight and onwards, after awakening from a standard sleep of 60 breaths.[47] Practically, the custom of Sephardic Jewry is to be stringent.[48] However, Ashkenazi Jewry is lenient[49] and so is the Chabad custom.[50] If one did not sleep that night for at least 60 breaths, then according to all, he may eat up until dawn.[51] Likewise, some Poskim[52] rule that if one plans to return to sleep for a second time before Alos, then this prohibition does not apply. Likewise, if one is weak or sick, he may eat prior to Alos even according to the Zohar.[53]]

Eating within 30 minutes prior to Alos:[54] It is forbidden throughout the year to begin a meal starting from 30 minutes prior to Alos [however, snacking is allowed]. [One may eat up until 55 grams of bread, and Mezonos, and an unlimited amount of fruit and drink.[55]]

3. When does the fast end?[60]

All fasts conclude after nightfall.[61] This is defined as the sighting of three medium stars, or when the moon shines very brightly on the earth.[62] It however does not suffice to see three large stars.[63] [Practically, in Eretz Yisrael, some[64] say that this is approximately 17 minutes after sunset by regular fasts and 24-27 minutes after sunset by Tisha B’av. Others[65] say it is 27 minutes after sunset by all fasts of the winter, and 34-35 minutes after sunset by all fasts of the summer. According to the rulings of Rav Avraham Chaim Naah, nightfall in Eretz Yisrael is between 15-20 minutes after sunset in the winter and 20-26 minutes after sunset in the summer.[66] In New York, some[67] write one is to wait until 50 minutes after sunset, or at the very least 41 minutes after sunset. The Rebbe stated that in New York nightfall throughout the year is 36 minutes after sunset, both during the summer and winter.[68] In all cases, one may begin Maariv before the above time, in order to conclude Maariv and be able to eat when the above time arrives.[69] In such a case, one is to make sure to read Kerias Shema again after nightfall.]

4. Those exempt from the fast:[77]

Everyone must fast on a Taanis Tzibur, and it is forbidden to be Poretz Geder.[78] [This includes men and women.[79]] This obligation to fast is due to custom, however from the letter of the law, the Sages[80] established all the fasts, other than Tisha B’av, as obligatory only in a time of danger.[81] Practically, today, even in a time of peace, all the four fasts are obligatory, until the coming of Moshiach.[82] Nonetheless, the Sages made a number of exceptions in their decree, such as for the sick, and for pregnant and nursing woman.

Must one fast if he is sick or in pain:[83] One who is sick[84] or is experiencing a great amount of pain[85] is exempt from fasting on Taanis Esther.[86] Nevertheless, if one did not fast due to being in great pain, he is to make up the fast on a different day, upon feeling healthy.[87] However if he was sick, or was told by a doctor not to fast due to it being detrimental to his health[88], then he does not need to make up the fast at a later date.[89] The above exceptions only apply to one who is sick or in pain, however one who feels healthy must fast even if it is difficult for him to do so. However, if the fast causes one to become extremely weak, more than the average person, some Poskim[90] rule he is considered like a sick person and is not required to fast. 

One who is not sick but is weak: One who is weak is not required to fast if he receives a medical order from a doctor that the fast is detrimental to his health.[91] He is not required to make up the fast on a later date when he feels healthy.[92]

One who is traveling:[93] If one feels healthy, he must fast even if he is traveling that day.

Must pregnant or nursing women fast? Pregnant[100] and nursing[101] women are exempt from fasting on Taanis Esther.[102] According to some opinions[103] this applies even if they are not experiencing pain.[104] Furthermore, according to this opinion, they are not required to make up the fast at a later date.[105] Others[106] however rule that pregnant and nursing women are only exempt from the fast if they are in pain or are very weak. If however they feel healthy they must fast. Furthermore, some opinions hold even those pregnant and nursing women who do not fast due to pain, they must nevertheless make up the fast at a later date upon feeling better.[107] Practically the accustomed ruling today is like the former opinion that all pregnant and nursing women are exempt from the fast and are not required to make it up at a later date.[108]

Women after birth:[109] According to all opinions, a woman within 30 days of giving birth does not need to fast.

All children who are above the age of Bar or Bas Mitzvah are obligated to fast on all accustomed fast days.[115] All children who are below the age of Bar or Bas Mitzvah, are not required to fast any of the four Rabbinical fasts, including Tisha B’av.[116] [This applies even if the child is within three fasts from his/her Bar/Bas Mitzvah.[117] One is not even required to educate the child to fast for a certain amount of hours into the day [i.e. Taanis Shaos].[118]

What may the children eat? Some Poskim[119] rule that a child who has reached the age of understanding the mourning[120] is only to be allowed to eat bread and water or other simple staple food. The custom however is not like this opinion.[121] [However, they are not to be given sweets and the like, although one is not required to stop them from eating it if they are in the midst of doing so.[122]] 

5. One forgot and ate or drank on the fast day:[139]

Is he to continue fasting that day?[140] If one ate or drank on a public[141] fast day, he is nevertheless required to continue fasting for the rest of that day, and is forbidden to eat or drink any further. [It does not help to make up the fast on another day, and one must stop eating/drinking even if he plans to do so.[142]]

Making up the fast another day:[143] If one ate or drank on a public[144] fast day it does not help to make up the fast on another day, and he is not required to do so. Nevertheless, one may fast on another day as atonement for the fact he ate on the fast day. This atonement fast is not a requirement.[145] Some Poskim[146] however rule one is to fast three fasts [Bahab], as atonement for breaking the fast. [Practically, the main ruling follows that one is not required to fast even as atonement, and if he desires an atonement, he should either fast or give charity to paupers in place of an atonement fast. If, however, one deliberately ate or drank on a fast day, then he is to fast Bahab, or make up the fasts with charity. [147]]

6. The Davening:

Selichos are recited on a fast day.[160] The Chabad custom is to recite the Selichos within Tachanun[161], after Shemoneh Esrei of Shacharis.[162]

Standing:[163] Selichos is customarily recited while standing. This especially applies for the sections of the 13 attributes of mercy and Shema Koleinu.

Omitting Viduiy:[164] The Chabad custom is to omit the saying of Ashamnu within Selichos, when Selichos is recited within the prayer of Shacharis.[165] [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.[166] Those that are accustomed to swiftly recite the conclusion of Selichos are to nullify their custom.[167]

The Thirteen attributes: It is forbidden to recite the thirteen attributes without proper concentration.[168] [It is to be recited slowly and carefully.[169] It is to be recited aloud.[170] Some are accustomed to count the Middos with their fingers.[171] Some are accustomed to picture each letter of each word in their mind while reciting it.[172] One is to make a break between the words Vayikra Besheim and Hashem[173], and between the two names of Hashem Hashem.[174]] The 13 attributes may only be read together with the Minyan.[175] 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?[176] It is permitted to recite Selichos without a Minyan, although one is required to omit 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.[177] [One is to omit the words starting from Vayavor.[178] Some[179] 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.[180] One does not omit the verse of “Uzechor Hayom Bris Shlosh Esrei” upon saying Selichos without a Minyan.[181]

Avinu Malkeinu:[213] 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.[214] The custom is to open the ark prior to its recital.[215] The custom is to stand during its recital.[216]

Torah reading: 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.[217] Some[218] are accustomed to reciting Keil Erech Apayim prior to Kerias Hatorah on fast days, even if it does not fall on Monday or Thursday. Some[219] 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.[220] It is likewise not recited by Mincha of a fast day even if it falls on Monday or Thursday.[221]   

The prayer of Aneinu is added during Mincha Shemoneh Esrei of a fast day.[237] It is recited within the blessing of Shomeia Tefila[238], prior to the words “Ki Ata Shomeia”[239]. It is not recited during the silent Shemoneh Esrei of Shacharis or Maariv.[240] It is however recited within the Chazan’s repetition of the Shacharis and Mincha Shemoneh Esrei.[241] The Chazan recites Aneinu as a separate blessing between the blessings of Goal Yisrael and Rifaeinu.[242] 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[243], while during his silent prayer of Mincha he recites Aneinu within Shomeia Tefila just like the other Daveners.[244]

One who forgot Aneinu:[245] If one forgot to say Aneinu in Shomeia Tefila he has nevertheless fulfilled his obligation.[246] If he remembered prior to finishing Shemoneh Esrei he is to recite it at the end of Davening[247], in Elokaiy Netzor prior to the [second[248]] Yihyu Leratzon.[249] If he remembered prior to Ritzei, he is nevertheless to continue and recite it in Elokaiy Netzor.[250] [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.[251]]

Chazan forgot Aneinu:[252] If the Chazan forgot to say Aneinu in his repetition he has nevertheless fulfilled his obligation.[253] 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.[254] If he already recited Hashem’s name in the end blessing of Rifaeinu then he may not go back and say it[255] and is rather to recite Aneinu in Shomeia Tefila just like one does by his private Shemoneh Esrei.[256] 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”.[257] 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.[258] 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[259]] after concluding the blessing of Sim Shalom [prior to saying the first Yehiyu Leratzon].[260]

Chazan mistakenly said Aneinu before Goal Yisrael:[261] If the Chazan mistakenly recited Aneinu prior to the blessing of Riei Na then he must repeat Aneinu after Riei Na.[262]

Charity:  Prior to Mincha one is to give Igara Ditaanisa to charity.[289]

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

Yehalelu:[290] 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 Haftora as is normally done by Mincha of Shabbos.[291] However, in most years the Rebbe waited for the Sefer Torah to be returned.[292]] 

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

Nesias Kapayim:[293] The Chazan recites Birchas Kohanim in his repetition of Shemoneh Esrei of Mincha. Those places which are not accustomed to performing Nesias Kapayim recite Elokeinu during the Chazan’s repetition.[294] [This applies even when Mincha is being Davened early, by the time of Mincha Gedolah.[295]] 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.[296] Some[297] rule this to be within thirty minutes before sunset. Others[298] rule it refers to past Plag Hamincha. Others rule it refers to Mincha Ketana.[299] However when praying Mincha prior to Plag Hamincha Nesias Kapayim is not performed.[300] 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.[301] When the fast is pushed up to Thursday, then following the Chazan’s repetition, Tachanun is recited with Avinu Malkeinu.

See Chapter 6 Halacha 5 regarding the laws relevant to Maariv and eating prior to Megillah reading!

7. The order of Davening on a fast day if a Chasan or Baal Bris [i.e. Mohel; Sandek; Father] is present:

If there is a Baal Bris or a Chasan [within seven days of his wedding, or on the day of his wedding] present by the Minya on a fast day then Tachanun, [Lamnatzeiach[307] and Keil Erech Apayim[308]] is omitted. This omission includes the paragraph of Vehu Rachum recited on Mondays and Thursdays.[309]

Even if there is a Baal Bris or Chasan [within seven days of his wedding, or on the day of his wedding] present by the Minyan, in which Tachanun is to be omitted, as stated above, nevertheless, Selichos is to be recited.[311] [Some however are accustomed to say an abridged version of the Selichos.[312]]

Does the Chasan or Baal Bris himself recite Selichos?[313] The Chasan himself or Baal Bris doed not recite Selichos.

Even if there is a Baal Bris or Chasan [within seven days of his wedding, or on the day of his wedding] present by the Minyan, in which Tachanun is to be omitted, as stated above, nevertheless, Avinu Malkeinu is to be 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.[315] However in other years the Rebbe recited it.[316]]

8. General laws applicable on fast days:

Rinsing the mouth:[317] On a public fast day, one does not rinse his mouth in the morning.[318] This applies even if one will be using less than a Revius of water.[319] [If however this is causing one discomfort, he may be lenient to rinse his mouth.[320]] On a private fast day, it is permitted to rinse the mouth with water, even if one sues more than a Revius.[321] It is however forbidden to rinse the mouth on a private fast day with other liquids if they contain more than a Revius.[322] If, however, the liquids are not drinkable, such as vinegar, then it is permitted to use even more than a Revius [on a private fast day].[323]

Chewing tobacco/gum and other flavored items: Some Poskim[324] rule it is permitted to chew and spit out all flavored inedible items, such as cinnamon, sweet wood, and spices of the like, on all fast days other than Yom Kippur. Other Poskim[325] rule it is forbidden to chew any flavored item on any of the public fast days, and so is the final ruling. [Thus, one may not chew gum on a fast day unless it has no taste/flavor and does not contain moisture which gets swallowed upon the initial chewing.[326]]

Swallowing saliva:[327] It is permitted to swallow saliva on a fast day. [One however is not to intentionally do so for the sake of quenching his thirst.[328]]

9. Learning Torah/Preparing for Purim:[333]

The Maharil would not give a class on Taanis Esther in order to allow everyone the time to properly prepare for Purim. However, others[334] write that the custom was to have classes on Taanis Esther. [According to all however one may learn on his own.[335]]

10. Making a Bris Milah on Taanis Esther:[336]

When a Bris takes place on Taanis Esther, one may not make a Seudas Mitzvah for the public on Taanis Esther and the meal is hence to take place after the fast.

If the fast was pushed up to Thursday:[337] In the event that the fast fell on Shabbos and was hence pushed up to Thursday, then one who has a Bris taking place on Thursday is to make the meal that day, and is to make up the fast on Friday.[338] All those invited may participate in the meal, even if they are more than ten people, and even if the meal takes place in the morning.[339] They are all however to make up the fast the next day, with exception to the Baalei Bris who are exempt from making up the fast.[340] However some Poskim[341] argue on the above and rule that the meal is to take place on Thursday night after the fast. Practically some Poskim[342] rule like this latter opinion, while others[343] rule one may be lenient like the first opinion.

11. Pidyon Haben:[351]

If a Pidyon Haben is set to take place on a fast day the father and Kohen may eat just as is the law regarding a Bris.[352] However the meal is to take place at night, after the fast.[353]

_____________________________________________

[1] Chapter 97

[2] Psalm 22 refers to Esther which said “Keili Keili Lama Azavtani”. It is also from a verse in this psalm [“Ekra Yomam Velo Seaneh Valayla Velo Dumiya Li”] that the obligation to read the Megillah at both night and day is derived from. [Kol Bo 45; Shulchan Gavoa 693:2; Kaf Hachaim 693:4]

[3] 686:2

[4] Michaber ibid

[5] Custom versus obligation: The Michaber plainly rules one is to fast on this day, hence implying it is an obligation. This follows the ruling of Rabbeinu Tam, Rosh and Tur. However, the Rama writes it is not an obligation and is hence merely a custom. This follows the opinion of Rashi. [Kaf Hachaim 686:17]

[6] The reason it is called Taanis Esther–Only Esther fasted: In Likkutei Sichos 6 p. 371 the Rebbe explains that only Esther fasted on that day as she was the only one not in danger. However all the other Jews were threatened by the enemies and hence needed to eat in order to have strength for battle. It is for this reason that the fast is called Taanis Esther, as only Esther fasted.

[7] Michaber 686:3

Regarding if the three day fast of Esther was three consecutive days, or they ate in between-See Kaf Hachaim 686:30.

[8] M”A 686:5

The reason they fast in Adar and not Nissan: Now although the three day fast of Esther took place in Nissan and not Adar, nevertheless they fast in Adar. The reason for this is because Nissan is a month of redemption and in Nissan the inauguration of the Mishkan occurred. It is hence not befitting for fast days. [Levush; Tur brought in Kaf Hachaim 686:30]

[9] Michaber ibid

[10] The reason the fast is not on Friday: The reason for this is because fast days involve longer prayers which will refrain one from properly preparing for Shabbos. [Tur] Alternatively it is not respectful to enter into Shabbos while in a state of hunger and distress. Hence it was pushed up to Thursday. [Bach brought in Kaf Hachaim 686:15]

[11] 550:4

Background:

The Michaber ibid rules that the Shabbos prior to a fast the Chazan should announce the coming fast, with exception to the fasts of Yom Kippur, Tishe Beav and the fast of Esther. The Rama writes that the Ashkenazi custom is not to announce any fast.

[12] Midrash Tanchuma Bireishis; Abudarham [in Seder Tefilos Hatanios]; Levush; M”B 686:2; Kitzur SHU”A 141:2

[13] See next footnote

[14] On the 13^th of Adar the Jews had to fight for their lives against the enemies. On a day of battle, it is customary to fast to arouse Divine mercy and supplicate to Hashem to help them win the battle. This is seen from the fact that in the first battle with Amaleik that took place in the times of Moshe, Moshe fasted. Thus, in commemoration of this fast we are accustomed to fast every year on the 13^th of Adar. [Levush; M”B 686:2; Kitzur SHU”A 141:2] The Midrash Tanchuma ibid states that the Jews gathered on the 13^th of Adar to wage battle and on that day they decreed a fast. In Likkutei Sichos 6 p. 371 the Rebbe explains that only Esther fasted on that day as she was the only one not in danger. However, all the other Jews were threatened by the enemies and hence needed to eat in order to have strength for battle. It is for this reason that the fast is called Taanis Esther, as only Esther fasted.

[15] The Abudarham explains [in Seder Tefilos Hatanios] that the fast of Esther cannot be due to the three day fast which the Jews fasted on her behalf being that a) that fast occurred in Nissan and not in Adar, and b) we do not fast three days. Thus, he concludes that the fast is rather due to that the 13^th was a day of gathering [of which the Levush explains that it was a day of war which was a customary fast]. 

[16] Maggid Meisharim Vayakhel brought in Kaf Hachaim 686:8

[17] See Sheivet Hakehasi 1:203

[18] Rambam Taanis 5:4; M”A 549:1; Kaf Hachaim 449:2

[19] Shlah p. 200b; Elya Raba 568:18; Kaf Hachaim 550:11; M”B 568:50

[20] Yesod Veshoresh Havoda 11

[21] Seder Hayom Inyanei 17 BeTammuz

[22] Michaber 564:1 “By all fast days in which one eats at night, whether public or private, one may eat and drink up until Alos Hashachar.”; Braisa Taanis 12; See Michaber 550:2 “One is not required to start fasting Mibiod Yom”

[23] Rashal Pesachim 2a; Minchas Kohen 2:6; M”A 89:2; Levush 261 and 459; Admur in 89:1, 184:3, and 261:5; Derech Hachaim; M”B 89 in Biur Halacha “Veim”; 58 Biur Halacha “Kemo”; and chapters: 92; 163; 235; 261; 459; This opinion is based on the calculation that there are 18 minutes per Mil [as rules Terumos Hadeshen 123; Michaber 459:2; Yoreh Deah 69:6; Rama 261:1; Admur in 89:1, 184:3, and 261:5] and there are 4 Mil between Alos and Neitz [as rules Rebbe Yehuda in Pesachim 94a] Accordingly there are 72 minutes before Alos, as 18 x 4=72.

[24] Gr”a 459; Chok Yaakov 459:10; Chasam Sofer in glosses 89] This opinion is based on the calculation that there are 22.5 minutes per Mil [as rules Mahril in Hilchos Pesach] and there are 4 Mil between Alos and Neitz [as rules Rebbe Yehuda in Pesachim 94a] Accordingly there are 90 minutes before Alos, as 22.5 x 4=72.

[25] Ruling of Admur in accordance to Harav Hagaon Avraham Chaim Naah printed in Shiureiy Mikveh 37; Yagdil Torah Tzemach Tzedek 23 p. 23 [see there for a full organized summary on the subject]; See Shiureiy Tziyon 37; Yagdil Torah Tzemach Tzedek 23 p. 23; Siddur Raskin p. 625 and Miluim 27 [summary of opinions according to Admur]; Rav Sangwai in Habracha 5:162 [defends and proofs the opinion of Gra”ch Naah in Admur and that so learned the Rebbe to be the opinion of Admur]; Piskeiy Teshuvos 89:2

Rulings of Admur: Admur wrote different calculations regarding Alos Hashachar throughout the Shulchan Aruch, Siddur and Tanya. This created confusion as to Admur’s opinion as to the time of Alos Hashachar. From 89:1, 184:3, and 261:5 it is calculated that Alos Hashachar is 72 minutes before sunrise, or possibly 96 minutes. In 249:3, 459:10 and the Siddur [Seder Hachnasas Shabbos] it can be calculated that Alos Hashachar is 96 minutes or 120 minutes before sunrise. From the time of Alos mentioned in the Siddur regarding Sefiras Haomer it is possible to calculate it as 72 or 120 minutes. In Igeres Hateshuva 3 Admur extends the time of starting a fast to three hours before sunrise. The following are the opinions of Chabad Rabbanim in this matter:

Opinion of Admur according to the Gra”ch Naah-Two fluctuating hours: Rav Avraham Chaim Naah ruled that according to Admur, Alos Hashachar begins two fluctuating hours prior to sunrise. [Shiureiy Tziyon 37; Yagdil Torah Tzemach Tzedek 23 p. 23] The calculation is as follows: There are 5 Mil between Alos and Neitz [as rules Ula in Pesachim 93b]. Each Mil is 24 minutes [as rules Rambam in Pirush Hamishnayos Pesachim 3:2]. Thus 24 minutes per Mil x 5 Mil between Alos and Neitz equals 120 minutes. [This follows the ruling of Admur in 249:3; 459:10 and Siddur and so rules regarding 24 minutes per Mil: Peri Chadash Y.D. 69:26; Kitzur SHU”A 36:11. However, in 89:1 and 261:5 Admur rules that there is only 4 Mil between Alos and sunrise, hence there is only 96 minutes between Alos and sunrise. As well, although in 459:10 Admur rules that the day begins from sunrise and ends by sunset, in 89:1 he rules that it begins from Alos until nightfall. Nevertheless, the final ruling of Admur follows the ruling of the Siddur in which Admur rules like in 459:10.]

Other opinions amongst Chabad Rabbanim: See article of Rav Raskin in Siddur Miluim 27, and Rav Sangwai in Habracha, for a summary of opinions of Chabad Rabbanim regarding the time of Alos Hashachar according to Admur. The opinions vary between 120 minutes, 72 minutes, 90 minutes and 96 minutes.

Opinion of three hours before sunrise: In Tanya, Igeres Hateshuva 3, Admur writes that one may eat up to three hours before sunrise, of a penitential fast. This implies that by a fast day one is to begin fasting even before Alos, when 1:3^rd of the night has entered. [See Igros Kodesh 18:557] It requires further analysis however if this applies to all fasts, or just a penitential fast. [Sefer Haminhagim p. 45] However, from Admur in Siddur by Sefiras Haomer, it is implied that one may eat on a fast day up until Alos. [Hiskashrus 424:18 footnote 113] Likewise, Rav Groner states that he heard clearly from the Rebbe that the three hours is only applicable by a penitential fast. [Hiskashrus] However in Sichos Kodesh 2:494 the Rebbe mentioned a scrupulousness to begin the fast some time before Alos Hashachar. Vetzaruch Iyun.

[26] Definition of fluctuating hours: This means that the hours fluctuate in the winter and summer. Some Poskim rule this means it fluctuates in terms of Zmaniyos, meaning that it depends on the amount of hours in the day. Thus in the summer, the hours will be longer [between 120-150 minutes for two hours] while in the winter they will be shorter [between 90-120 minutes for two hours]. [So rules Minchas Cohen 2:6; Rama 233; Peri Chadash 58] However the Alter Rebbe and Gr”a both rule that it follows not the amount of hours in the day but rather the degree of distance of the sun from the horizon. [Admur in Seder Hachnasas Shabbos; Gr”a in 261; See Shut Mahrshag 2:34 quoted in Piskeiy Teshuvos 89:2 footnote 59 that this is the way we rule.] Thus, those who hold that Alos is 72 minutes it ends up being in Tishrei and Nissan 16.1 degrees from the horizon and the amount of time it takes the sun to travel to the horizon fluctuates between winter and summer. [See Piskeiy Teshuvos 89:2] According to Admur however who holds of 120 minutes, this would be when the sun is 26 degrees below the horizon.

Other opinions: Some Poskim rule we always measure the hours as set hours and hence there will always be only 120:90:72 minutes between Alos and sunrise at all times. [Admur 89:1; Birkeiy Yosef 261:1; Peri Megadim 261 A”A 9; Derech Hachaim; Siddur Yaavetz; Machatzis Hashekel 235:3]

[27] See the previous footnote

[28] Shiureiy Tziyon ibid; It is important to note that there are Chabad Rabbanim who take a different approach in their understanding of the opinion of Admur, and each person is to follow his Rav. [See opinions of other Chabad Rabbanim in previous footnotes.] Those, who do not necessarily follow the rulings of Admur, should speak to his Rav for a final ruling regarding this matter, and which time, and calendar he should follow.

[29] https:::sites.google.com:site:zmanimadmorhazaken:israel

[30] Michaber 564:1

[31] Rama ibid; Tur ibid

[32] P”M 564 A”A 3

[33] Michaber ibid

[34] Rama 564:1; Tur 564; Mordechai; Hagahos Maimani; Hagahos Ashri

[35] The reason: As it is common to drink upon awakening in middle of the night, and hence it is considered as if one stipulated even if one did not explicitly do so. [Rama ibid]

[36] Beis Yosef 564 in implication of this opinion; Kaf Hachaim 564:8

Other opinions: Some Poskim rule that even according to this opinion, only water is allowed to be drunk. [Kol Bo in name of Rif]

[37] So learns M”B 564:6 in M”A 565:3 that even initially it is not required to stipulate if he is accustomed to drink

[38] M”A 564:3; Bach 564; Levush 564; Elya Raba 563:2; M”B 564:6; Kaf Hachaim 564:9

[39] Elya Raba 563:2; M”B 564:6; Shaar HaTziyon 564:7; Kaf Hachaim 564:10 in name of Shulchan Shlomo regarding if one is thirsty

[40] M”A 564:3; Elya Raba 563:2; Chayeh Adam 132:17; M”B ibid; Kaf Hachaim 564:9

[41] Kaf Hachaim 564:10

[42] Rama ibid; Tur ibid

[43] Taz 564:1; Beis Yosef 564; P”M 564 M”Z 1; Mamar Mordechai 564:1; M”B 564:2; Kaf Hachaim 564:5

Other opinions: See Beir Hagoleh ibid; Rabbeinu Yerucham

[44] Taz 564:1; Beis Yosef 564; P”M 564 M”Z 1; Mamar Mordechai 564:1; M”B 564:3; Kaf Hachaim 564:5

Other opinions: Some Poskim rule that it is only considered a set sleep if one slept on his bed. [Rabbeinu Yerucham, brought and negated in Taz ibid, Beis Yosef ibid]

[45] See M”B 564:3; Kaf Hachaim 564:2

[46] M”A 89:14 in name of Tov Haaretz, Rav Chaim Vital and Zohar 2:215; Beir Heiytiv 581:12 in name of Zohar and Kisvei Arizal; Chida in Machazik Bracha 581:5; Birkeiy Yosef 89:1 [Shiyurei Bracha] in name of Mekubbalim; Yosef Ometz 17:2; Mishnas Chassidim Chatzos 7; Or Hachama Zohar ibid;  Nitzutzei Oros Zohar ibid; Kaf Hachaim 581:69; 89:28-31]

The reason: As one who eats food past midnight after awakening adds vitality to the Kelipos. [Rebbe ibid] It is however not prohibited due to the prohibition of eating prior to prayer, as this prohibition only begins from Alos. [89:5; Rebbe ibid]

Other Poskim: Some rule that even according to Kabala there is no need to refrain from eating prior to Alos. [Heishiv Moshe 6 based on Siddur Arizal of Rav Shabsi of Rashkov that Rav Chaim Vital ate before Alos; Maharil and Rama ibid]

Opinion of Shulchan Aruch Harav: In Igeres Hateshuvah chapter 3 Admur writes that one may eat prior to three hours before sunrise on a fast day. The Rebbe in Igros Hakodesh 3:75 writes that this ruling only was said regarding when the prohibition of eating prior to a fast begins and is not discussing the prohibition of the Zohar, which in certain cases is allowed. Nevertheless a proof can be brought from Admur 89:5, which omits this law of the M”A ibid brought from the Zohar, that Admur rules it is permitted.

[47] So is evident from M”A ibid; Beir Heiytiv ibid; and other Poskim; Igros Hakodesh 3:75

[48] Kaf Hachaim ibid

[49] Shvus Yaakov 3:41 defends the ruling of Rama; Some Poskim write that the current Ashkenazi custom is to only be lenient to allow to drink coffee or tea prior to Alos, although regarding eating food they are careful. [Shaareiy Teshuvah 581:12; M”B 581:21]

[50] See Igros Hakodesh 3:75 [brought in Shulchan Menachem 1:44] that so is the ruling of Admur. It is our custom to allow one to eat after Alos before Davening in order to have strength to Daven. Certainly then, one may be lenient to eat before Alos in order to have strength to Daven.

[51] P”M 89 A”A 14; Igros Hakodesh 3:75

[52] Ashel Avraham Butchach [Tinyana] 89; See there that he connects the prohibition of the Zohar to the prohibition of eating before Davening.

[53] Nitzutzei Oros Zohar ibid; A”A 89 in name of Shev Yaakov [brought in Igros Hakodesh ibid]

[54] Admur 89:5; Rama 581:2; M”B 89:27 in name of Derech Hachaim and Rav Akiva Eiger

[55] Piskeiy Teshuvos 564:1

[56] See Shevet Hakehasi 1:180; Piskeiy Teshuvos 564:2

[57] Kaf Hachaim 550:11; See Piskeiy Teshuvos 564:1

[58] Kitzur Shlah; Nehar Shalom 550:2; Elya Raba 563:1; Bigdei Yesha 564

[59] Seder Hayom Inyanei Bein Hametzarim; See Piskeiy Teshuvos 550:8; 564:1

[60] Michaber 562:1; See Piskeiy Teshuvos 562:1

[61] Michaber 562:1; Rosh; Rav Chisda in Taanis 12 “Whoever did not fast until sunset is not considered to have fasted.” Igros Moshe 4:10 rules that in New York one is to wait until 50 minutes after sunset, and at the very least wait 41 minutes.

Other opinions: Some Poskim rule it one is only required to fast until the start of Bein Hashmashos. [Sefas Emes Taanis 12; Aruch Hashulchan 562:9 based on Rambam, Rashi, Ran] This however is in reference to Zman Rabbienu Tam, and not to the Zman of the Geonim. [Biur Halacha Tinyana 562; Piskeiy Teshuvos 562:1]

[62] Rama ibid; Hagahos Ashri; Hagahos Maimanis

[63] M”A 562:1 as corrected by Machatzis Hashekel ibid; Levushei Serud ibid; P”M 562 A”A 2

[64] Luach Eretz Yisrael of Harav Tukichinsky

[65] Sefer Birur Halacha, brought in Piskeiy Teshuvos 562:1

[66] See Ketzos Hashulchan 93 footnote 2; Shiureiy Tziyon of Grach Naah p. 76

[67] Igros Moshe 4:62; See Rebbe in Igros Kodesh 17:124 [printed in Shaareiy Halacha Uminhag 155 and Shulchan Menachem 2:123]

[68] Heard from Rabbi Leibal Groner; See Hiskashrus 370:19; Rav Raskin in Siddur p. 230

[69] Mateh Efraim 602:29; Igros Moshe ibid; Piskeiy Teshuvos 562:1 footnote 2; Rabbi Groner that so was directive of Rebbe to ask Rav Shmuel Levitan one year on a fast day to Daven before the time of nightfall and announce to everyone to say Shema again after nightfall; See Hiskashrus 1198

[70] Igros Moshe 3:96; Betzeil Hachochmah 1:31; Chavatzeles Hasharon 1:43; Yaskil Avdi 8:31; Piskeiy Teshuvos 562:2; See Nitei Gavriel Bein Hametzarim 4:5; Rav L.Y. Raskin of London that so ruled to him Rav Zalman Shimon Dworkin when he traveled from England to New York on Tzom, Gedalia [Koveitz Hearos Ubiurim 1071 p. 28]

The reason: As there is no precedence in Poskim to allow one to break one’s fast based on the area that he started his fast, and hence since the law states that the fast does not end until Tzeis Hakochavim, one may break the fast when it reaches Tzeis Hakochavim in his area, whetehr this is earlier, or later, than his original location. [Igros Moshe ibid]

[71] Shevet Halevi 8:261; See Nitei Gavriel ibid

[72] The reason: A the Sages never decreed for one to fast more than the normal hours, and hence one may break his fast as soon as the fast is over in his original location. [ibid]

[73] See Piskeiy Teshuvos 562:2

[74] Nachal Eshkol Tisha B’av

[75] Daas Torah 549; Shevet Halevi 7:76

[76] Betzeil Hachochma 1:31

^[77] 550:1

[78] Michaber ibid; Tur ibid; Ramban in Toras Hadam

[79] Some Chassidishe Sefarim record that all women today who are of child rearing age are not to fast the four fasts, other than Tisha B’av and Yom Kippur. [See Tzevi Tiferes of Munktach 48 in name of Shinover Rav, as a tradition of Tzadikim of previous generations; Derech Tzadikim 5:44; Piskei Teshuva Divrei Chachamim 8 in name of Kotzker; Piskeiy Teshuvos 550:1 footnote 5] Practically, however, the widespread custom is not to be lenient, and so is the custom in Lubavitch.

[80] Rosh Hashanah 18, brought in Machatzios Hashekel 550:1

[81] M”A 550:1

Regarding Taanis Esther: The Michaber plainly rules one is to fast on this day, hence implying it is an obligation. This follows the ruling of Rabbeinu Tam, Rosh and Tur. However, the Rama writes it is not an obligation and is hence merely a custom. This follows the opinion of Rashi. [Kaf Hachaim 686:17]

[82] Beis Yosef 550; Maggid Mishneh Taanis 5; Rishonim and Poskim brought in Machatzios Hashekel 550:1

^[83] Rama 686:2

[84] Even if there is no danger involved in his illness. [Rama ibid]

[85] Even if it is eye pain. [Rama ibid]

The ruling of the Michaber: This follows the ruling of the Rama who rules that the fast of Esther is not an obligation but a mere custom. However according to the Michaber that the fast is an obligation certainly one who is in mere pain may not be lenient to eat, unless he is sick, just as is the law by the other four mandatory fasts of scripture. [Kaf Hachaim 686:17]

[86] Rama ibid

The reason: Being that this fast is not a [complete] obligation [due to it not being mentioned in the scriptures] it has a leniency that if one is feeling a lot of pain, even if there is no danger, he does not need to fast that day. [ibid]

[87] Rama ibid

The reason: The reason why one who did not fast due to being in great pain must make up the fast is because in essence he is obligated to fast and it is only due to the pain that he is now exempt. Thus, when he feels better, he must fast, as in truth the fast does not have a set date as is seen from the law that some would fast three days in Adar in commemoration of the fast of Esther. [M”B 686:5; Shaar Hatziyon 686:11]

[88] Kaf Hachaim 686:22

[89] See Rama 686:2; M”B 686:5; Shaar Hatziyon 586:11; Kaf Hachaim 686:22. It is clear that the above ruling only applies to one who does not fast due to pain and not to one who is sick, as the Sages never decreed the fast upon one who is sick. This thus explains the omission of this ruling of the Rama from 550:1. [See M”B ibid]

[90] Ashel Avraham Tinyana 550; Igros Moshe 4:114

[91] Ruach Chaim 550:1; Kaf Hachaim 550:6; However, without a direct medical directive he is not to be lenient. [ibid]

[92] See Rama 686:2; M”B 686:5; Shaareiy Tziyon 586:11; Kaf Hachaim 686:22

[93] M”A 668:4 brought in M”B 686:6

[94] As this is considered a Choleh Sheiyn Bo Sakana, mentioned in M”B 550:4; and so is implied also from Aruch Hashulchan 550:7; and Hagahos Rav Akiva Eiger 559:9; See however Aruch Hashulchan 554:7 that this applies even if he is not bedridden; See Nitei Gavriel 5:4 in name of Maharam Bent 550 that even if he is slightly ill one may be lenient

[95] So rules regarding even Tisha B’av Nidche: Shvus Yaakov 3:37; Hagahos Rav Akiva Eiger 559:9; Nitei Gavriel 5:9

[96] Kaf Hachaim 550:6 in name of Ruach Chaim 550:1

[97] The reason: As they are no different than a pregnant or nursing woman who is exempt from fasting. [Kaf Hachaim ibid]

[98] Beir Heiytiv 567:7 in name of Dvar Shmuel; Halachos Ketanos 97; Kaf Hachaim 554:34 in name of Kesonos Yosef 4; Ikarei Hadaat 29:36; Tosefes Chaim on Chayeh Adam 1:135-8; Pischei Olam 554:6; Piskeiy Teshuvos 554:7; 567:3; See also regaridng Yom Kippur: Sdei Chemed Yom Kippur 3:8; Yeshuos Yaakov 612; Kesav Sofer 111; Pischeiy Teshuvah Y.D. 155:6; Shoel Umeishiv Mahdura Daled 1:55; Orchos Chaim 618:1; Eretz Tzevi 88; Igros Moshe 3:91; Tzitz Eliezer 10:25; SSH”K 39:8; Nishmas Avraham 612:7; Piskeiy Teshuvos 612:2; Nitei Gavriel 37:23; 39:12-15

[99] Igros Moshe 3:91; Piskeiy Teshuvos ibid

[100] See Q&A regarding from which month this begins

[101] Some Poskim rule that all women within 24 months after birth [child is less than 2 years old] are defined as nursing women, even if they are not actually nursing anymore. [Daas Torah 550; Ashel Avraham Tinyana 550:1; Alef Hamagen 3; Piskeiy Teshuvos 550:1; See Nitei Gavriel Bein Hametzarim 5:1 footnote 1] See however Nitei Gavriel ibid for Rabbanim who disagree with this ruling.

[102] Rama ibid

The reason: Being that this fast is not a [complete] obligation [due to it not being mentioned in the scriptures] it has a leniency that if a woman is pregnant or nursing she does not need to fast. [ibid] See next footnote! The novelty of this ruling, despite the fact that by all fasts some opinions rule pregnant and nursing women are exempt, is that by this fast they do not need to be stringent, while by other fasts the custom is to be stringent as explained in 550:1. [Kaf Hachaim 686:18] See also next footnotes that the novelty is that by Taanis Esther even if the women are not in pain they do not need to fast.

[103] Yeshuos Yaakov brought in M”B 686:4; Kaf Hachaim 686:21

[104] Kaf Hachaim ibid rules that so seems to be the logical conclusion, as if the exemption is only to pregnant or nursing women that are in pain, then there is no extra leniency in this fast over the other four mandatory fasts. Hence from the fact the Rama writes that this fast is more lenient in this regard, implies that pregnant and nursing women are exempt even if they are not in pain.

[105] M”B 686:5; Kaf Hachaim 686:22

The M”B ibid writes that only according to the Yeshuos Yaakov, which exempts all pregnant women from this fast, the women do not need to make up the fast. [As since he exempts pregnant women completely, they have no reason to make it up.] However according to those that argue that only if the women feel pain, are they exempt from the fast, then they would need to make up the fast. The reason for this is because essentially, they are obligated to fast and it is only due to the pain that they are exempt, and it is hence similar to the law of one who is in pain in which case he must make up the fast as stated above. The Kaf Hachaim ibid rules plainly that they are exempt from making up the fast.

[106] Elya Raba 686:4 brought in M”B 686:4; Kaf Hachaim 686:20; So is implied from Kitzur SH”A 141:2

[107] M”B 686:5 in name of Bach

[108] Piskeiy Teshuvos 686:3 [and 550:1] that so is the ruling of today’s Rabbanim. So rules Ashel Avraham Butchach 686 Mahadurah Tinyana; Hisorerus Teshuvah 1:6; Divreiy Yatziv 2:291

[109] See M”B 686:4; Kaf Hachaim 686:19

[110] M”B 550:3; Kaf Hachaim 550:5; Mor Uketzia 550; Piskeiy Teshuvos 550:1; Nitei Gavriel Bein Hametzarim 5

Background:

The M”B ibid rules that seemingly she is considered pregnant starting from the 4^th month and onwards, however possibly she is considered pregnant even starting from the 41^st day if she feels pain. However, if she is pregnant for less than 40 days she is considered like any other women that must fast unless she is in great pain. He then concludes that if she feels weakness, she is not to be stringent at all. The Kaf Hachaim ibid however writes this ruling a little differently: He writes that if she is in great pain, she may be lenient from the 41^st day, however prior to 40 days she must fast even if she is in great pain. 

[111] See Background!

[112] Piskeiy Teshuvos 550:1; There he brings that they are exempt from fasting for a full 24 months after the miscarriage just like a woman who gave birth.

[113] Daas Torah 550; Ashel Avraham Tinyana 550:1; Alef Hamagen 3; Piskeiy Teshuvos 550:1; See Nitei Gavriel Bein Hametzarim 5:1 footnote 1] See however Nitei Gavriel ibid for Rabbanim who disagree with this ruling.

[114] Admur 616:9

[115] Admur 616:9; Elya Raba 549:7; Kaf Hachaim 550:1; Biur Halacha 550 “Hakol Chayavim”

Two hairs: The above law only applies if the child has reached puberty which means that he or she has grown two pubic hairs. If the child has reached this age but does not have two pubic hairs, then although he or she must keep all the commands out of doubt that perhaps he or she grew the hairs and they fell off, nevertheless the child is not required to fast any of the Rabbinical fasts. [Admur ibid; M”A 616:3; Elya Raba 616 [unlike ruling in 550]; P”M 616 A”A 3 [unlike ruling in 550]; M”B 616:13 [unlike ruling in 550]; See Shevet Halevi 6:122; Beir Moshe 8:96; Piskeiy Teshuvos 550:5 that the ruling in 616 is the letter of the law while the ruling in 550 is the custom. Accordingly, even according to Admur there is room for them to fast, according to the custom. Vetzaruch Iyun]

Other Poskim: Some Poskim rule the child must fast even the Rabbinical fasts once he or she reaches 13:12 even if the child has not yet grown two hairs. [Elya Raba 550:7 [unlike ruling in 616]; P”M 550 A”A 2 [unlike ruling in 616]; Biur Halacha 550 “Hakol” [unlike ruling in 616]; Kaf Hachaim ibid]

[116] Admur 616:9; M”A 550:2; Elya Raba 550:7; P”M 550 A”A 2; M”B 550:5; Biur Halacha 550 “Hakol Chayavim”; Kaf Hachaim 550:1

[117] There is no source in Poskim for educating a child to fast the three fasts prior to his Bar/Bas Mitzvah. On the contrary, it is forbidden to force the child to do so, if they do not desire to fast. On the other hand, if they desire to fast, there is no need for the parent to stop them; See Rav SZ”A in Halichos Shlomo Moadim 13:3;  Shaareiy Nechama 3

[118] Chayeh Adam 133:6; M”B ibid; Kaf Hachaim 550:9; Piskeiy Teshuvos 550 footnote 10

Other Opinions: Some Poskim rule that children [of nine years old] are to be educated to fast for a few hours into the day just as is the law on Yom Kippur, as rules Admur 616:5. [see Poskim in next footnote]

[119] M”A 550:2; Rameh 111; P”M 549 A”A 7; Chayeh Adam ibid; M”B ibid; brought in Kaf Hachaim 549:8 and 550:9

[120] Some write this is starting from age nine. [See Piskeiy Teshuvos 550 footnote 11]

[121] Birkeiy Yosef 549:1; Daas Torah; Kaf Hachaim 549:8 and 550:9; Beir Moshe 8:95

[122] Beir Moshe ibid; Piskeiy Teshuvos 550:3

[123] Tzemach Tzedek O.C. 108:110; Divrei Nechemia 42; Sefer Haminhagim p. 92 [English] regarding all four fasts and in footnote 342 even regarding Taanis Esther; Halachos Ketanos 2:100; Mahrahm Shick 289; Shaiy Lamorah 4; Marcheshes 1:14; Biur Halacha 554 “Bemakom” in name of Pischeiy Olam

[124] Chida in Machazik Bracha, brought in Kaf Hachaim 554:31; Mahrahm Shick 290; Avnei Nezer 540; Aruch Hashulchan 554:7

[125] Shevet Halevi 4:56; Kinyan Torah 1:118; Tzitz Eliezer 10:25-16; Shraga Hameir 1:59; Piskeiy Teshuvos 554:9; Hiskashrus 889 that so he received from several Rabbanei Anash, despite the ruling in Sefer Haminhagim ibid

Some suggest the entire reason behind the Shiurim recorded in the previous Poskim who are stringent is order to also gain the advantage of being considered to have fasted, and hence be able to count for a Minyan for Kerias Hatorah, and saying Aneinu and the like, however not that one is required to follow these Shiurim. [See Hiskashrus ibid; Piskeiy Teshuvos ibid and 566:6; Marcheshes ibid]

[126] Michaber 554:5 regarding pregnant and nursing women; Ashel Avraham 686 Mahadurah Tinyana; Chayeh Adam 133:6; M”B 550:5; Kaf Hachaim 550:7

[127] M”B 550:5; See Seder Hayom Inyanei Bein Hametzarim; Piskeiy Teshuvos 5508

[128] Birkeiy Yosef 686:6 based on Beis David 476 brought in Shaareiy Teshuvah 686; Chayeh Adam 155:3; Poskim brought in Kaf Hachaim 686:16; Kitzur SH”A 141:2; Divreiy Yatziv 2:291; Hagahos of Rav Baruch Frenkel 686; Erech Hashulchan 686:4; Biur Hagr”a 686:2; Nitei Gavriel 25:7; Piskeiy Teshuvos 686:4; Some Poskim even rule it is forbidden for the Chasan to fast, as it is his Holiday. [Meshivas Nafesh 17; Yechaveh Daas 2:78]

[129] Shaareiy Teshuvah ibid

Other opinions: Some write that although the Chasan and Kallah are not required to fast on Taanis Esther, they however are required to make up the fast on a later date. [Kitzur SHU”A 141:2; Shevach Hamoadim p. 136 based on ruling of Rama 686:2 that rules even pregnant and nursing women, or at the very least one who is in pain, are to make up the fast; This stringency of making up the fast is omitted both in Piskeiy Teshuvos ibid and Nitei Gavriel ibid. Seemingly this is due to the same explanation of the M”B 686:5 regarding why pregnant women do not need to make up the fast, as the decree of the fast never related to them and hence there is no need to make it up. The same can be applied to a Chasan, as since the Sages never included him within the decree, there is no need for him to make up the fast. Upashut]

[130] Zera Emes 3:77; Poskim brought in Kaf Hachaim 686:28; 549:9; See Poskim that are stringent regarding Bris in Halacha 5; From M”B in Shaar Hatziyon 686:16 it is implied that he is only lenient on the 1^st day of Sheva Brachos; Piskeiy Teshuvos 686 footnote 16 mentions that Rav Halbershtam would rule to Chasanim to fast unless they feel weak. The Kaf Hachaim ibid concludes that in a case of doubt one is to follow the custom and when there is no established custom one who is lenient has not lost out.

[131] Shvus Yaakov 3:50 brought in Shaareiy Teshuvah 668:5; M”B 686:3; Kitzur SH”A 141:3; Shevach Hamoadim 136

[132] Shaareiy Efraim 1:10; Minchas Elazar 3:3 based on Eiruvin 41a; Teshuvos Vehanhagos 2:265; Piskeiy Teshuvos 550:2

[133] Mateh Efraim 602:23

[134] Avnei Nezer 540; Orchos Chaim 550:3 in name of Shut Ramatz; See Piskeiy Teshuvos 550:1-2 and footnote 2

[135] Piskeiy Teshuvos 549:1; Yalkut Yosef Moadim p. 530

[136] The reason: It is forbidden to sell food to Jews who transgress the fast due to the prohibition of Lifnei Iver, as since all the Kosher restaurants are Jewish owned, it is considered Kitrei Avri Denihara. [See Beis Shlomo 38; Maharsham 6:11]

[137] Admur 611:9; M”A 612:6; Rama 612:10

Other opinions: Some Poskim rule it is forbidden to touch food unnecessarily during a fast day, lest one come to eat the food. [P”M 612 M”Z 8 based on Taz 612:8 who explains the reason it is permitted to do so on Yom Kippur is because “Eimas Hadin Alav”; Kaf Hachaim 612:56; Piskeiy Teshuvos 549:1] However according Admur and M”A ibid, who rule the reason it is permitted on Yom Kippur is because the Sages did not suspect one will come to eat being that one is fasting the whole day, the same would apply to all fasts.

[138] The reason: As since one refrains from eating any food that entire day, he will not come to accidently eat the food that he touches, unlike the law of Chametz on Pesach. [Admur ibid]

Making food: The above law in 611:9 is regarding touching food, however in 611:7 and 9 Admur rules regarding Yom Kippur that one may not make food lest he come to eat it. Vetzaruch Iyun if this stringency applies during the four fasts, as learns the P”M ibid. Practically the custom is to be lenient. 

[139] See Kaf Hachaim 549:6-7; 568:7; Piskeiy Teshuvos 568:3

[140] Michaber 568:1; Rif Taanis in name of Yerushalmi; Kaf Hachaim 549:6

[141] However, by a private fast day, the fast is lost once he eats a Kezayis of food [Michaber ibid] or a Revius of drink. [Birkeiy Yosef 568; Shaareiy Teshuvah 568:2]

[142] P”M 568 A”A 4; M”B 568:2; Kaf Hachaim 568:6

[143] M”A 568:4; Kaf Hachaim 549:7 and 568:7

[144] However, by a private fast day, the fast is lost once he eats a Kezayis of food [Michaber ibid] or a Revius of drink [Birkeiy Yosef 568; Shaareiy Teshuvah 568:2] and he is thus required to make up the fast another day. [Michaber ibid]

[145] M”A ibid; Terumos Hadeshen 156; P”M 568 A”A 4; Mamar Mordechai 568:4; Shulchan Gavoa 549:3; M”B 568:8; Kaf Hachaim ibid that so is main ruling and implication of Rama

[146] Drashos Mahril Taanis; M”A ibid and Darkei Moshe 568 “One time, an individual accidently ate on the 10^th of Teves and the Maharil directed him to fast Bahab.” Shiyurei Kneses Hagedola 549:2; Levushei Serud 549; See however Kaf Hachaim ibid in name of Poskim that perhaps this refers to a case that one did not fast at all that day; See however Kitzur SHU”A 127:16 who implies even if he did fast the rest of the day he is to fast Bahab; See Kaf Hachaim ibid and Poskim there that implies according to Maharil one is required to make up the fast with these three fasts. See however M”B ibid who clearly learns even the Maharil said so only as atonement.

[147] See Kaf Hachaim ibid; Piskeiy Teshuvos ibid

[148] See Piskeiy Teshuvos 565:1

[149] M”B 568:3 in name of Nehar Shalom; Shevet Halevi 8:131; See M”B 568:3 in name of Nehar Shalom; Shevet Halevi 8:131

[150] Zera Emes 3:62; Yalkut Yosef Moadim p. 535

[151] Piskeiy Teshuvos ibid

[152] See Piskeiy Teshuvos 565:1

[153] Chasam Sofer 157; Aruch Hashulchan 566:11; Minchas Elazar 2:74

[154] See Michaber 566:6; Tzemach Tzedek Shaar Hamiluim 1:20; Zera Emes 3:62; Yalkut Yosef Moadim p. 535

[155] Piskeiy Teshuvos 568:1 footnote 3

[156] See Sdei Chemed Mareches Basar Bechalav 12; Michtav Lechizkiyahu 5; Piskeiy Teshuvos 568:2

[157] Birkeiy Yosef 568:1 in name of Nechpa Bakesef O.C. 6, brought in Shaareiy Teshuvah 568:1, regarding a Taanis Yachid; Halachos Ketanos 252; Yabia Omer Y.D. 2:5 that the same applies by a Taanis Tizbur

[158] Birkeiy Yosef 568:1in name of Admas Kodesh 1:13; Erech Hashulchan 568:2; Shaareiy Teshuvah 568:1 regarding Taanis Tzibur; Likkutei Mateh Yehuda; Zechor Leavraham Taf; Kaf Hachaim 568:16; Daas Torah 568; Shevet Hasofer 25

[159] Shvus Yaakov 3:50 brought in Shaareiy Teshuvah 668:5; M”B 686:3; Kitzur SH”A 141:3; Shevach Hamoadim 136

[160] 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]

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

[162] 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 beforehand. 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[

[163] 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”

[164] 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

[165] 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]

[166] Admur Kama 1:9

[167] Birkeiy Yosef 581:5; Kaf Hachaim 581:6

[168] 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

[169] Ben Ish Chaiy Ki Sisa 4

[170] Pirkei Direbbe Eliezer 46; Piskeiy Teshuvos 131:9

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

[172] Ben Ish Chaiy ibid

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

[174] Kaf Hachaim 131:20; Shalmei Tzibur p. 149; Kaf Hachaim [Falagi] 131:13

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

[176] 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.

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

[178] Rama 565:5; Kitzur Shlah Miseches Taanis

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

[180] 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.

[181] 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 ]

[182] 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”

[183] See Beir Moshe 1:23 regarding standing when the ark is open.

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

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

[186] 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

[187] 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 

[188] Luach Eretz Yisrael; Tzitz Eliezer 7:9; Piskeiy Teshuvos 566:5

[189] 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]

[190] 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

[191] 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]

[192] 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]

[193] 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

[194] Taz ibid; Poskim ibid

[195] 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]

[196] 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.

[197] 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

[198] 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

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

[200] 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

[201] 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.

[202] Poskim ibid

[203] Sheivet Halevy 9:1; Kinyan Torah 4:9

[204] 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.

[205] 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]

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

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

[208] Piskeiy Teshuvos 131:9 [however the sources he provides 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.

[209] 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]

[210] 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]

[211] 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.

[212] Piskeiy Teshuvos 581:12

[213] 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]

[214] 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 reciting 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]

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

[216] Makor Chaim of Chavos Yair 602; Piskeiy Teshuvos 602:2

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

[217] 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]

[218] 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”

[219] Abudarham, brought in Likkutei Maharich 3:49

[220] 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]

[221] Likkutei Maharich ibid

[222] 602:4; Rama 602:2 in name of Minhagim

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

[224] Piskeiy Hassidur 151 and 179; Sichas Kodesh 6^th 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 Sephardim.

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]]

^[225] Siddur Tehilas Hashem [from 1978 and onwards with the Rebbe’s approval] based on Sichas Kodesh 6^th 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 has 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]

[226] 6^th 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;]

[227] 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

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

[229] 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]

[230] M”B 566:19

[231] M”B 566:21

[232] See Piskeiy Teshuvos 565:1

[233] 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

[234] See Michaber 566:6; Tzemach Tzedek Shaar Hamiluim 1:20; Zera Emes 3:62; Yalkut Yosef Moadim p. 535

[235] Piskeiy Teshuvos 568:1 footnote 3

[236] Shaareiy Efraim 8:107; Daas Torah 566

[237] Rama 565:3

[238] Michaber 565:1

[239] 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]

[240] 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]

[241] Rama 565:3

[242] Michaber 566:1

[243] As rules Rama 655:3

[244] Michaber 565:1

[245] 565:2

[246] Michaber ibid

[247] Michaber ibid

[248] Kaf Hachaim 565:12; Piskeiy Teshuvos 565:2; Hiskashrus 1025

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

[250] M”A 565:2; M”B 565:6; Kaf Hachaim 565:3

[251] Mahril 12; Taz 565:2; Kaf Hachaim 565:13

[252] Admur 119:5

[253] Michaber 565:2; Kaf Hachaim 565:10

[254] 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]

[255] 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]

[256] Admur ibid

[257] 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]

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

[259] Piskeiy Teshuvos 565:2

[260] 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]

[261] Admur 119:6

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

[263] Ashel Avraham Butchach 565

[264] Piskeiy Teshuvos 565 footnote 12

[265] See Piskeiy Teshuvos 566:4 for a general overview of this topic.

[266] Michaber 566:3; Admur 119:5; Kitzur SHU”A 20:8

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

[268] 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

[269] 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]

[270] 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

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

[272] 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.

[273] See Piskeiy Teshuvos 566:4 for a general overview of this topic.

[274] 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]

[275] Sources in previous footnote

[276] 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.

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

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

[279] Bach, brought in Elya Raba, Chayeh Adam and Biur Halacha ibid; See Taz 562:1 in name of Bach

[280] Mamar Mordechai; Biur Halacha ibid in his conclusion

[281] See Piskeiy Teshuvos 565:1

[282] M”B 568:3 in name of Nehar Shalom; Shevet Halevi 8:131

[283] Zera Emes 3:62; Yalkut Yosef Moadim p. 535

[284] Piskeiy Teshuvos ibid

[285] Shevet Halevi 8:131; Piskeiy Teshuvos 565:1

[286] Kaf Hachaim 565:2

[287] 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.

[288] Brought in Elya Raba 655:1

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

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

[291] 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 [17^th Tamuz, Tzom Gedalia and 10^th 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 Davenend 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 is hence not to be followed in other Shul’s] Response of Rabbi Groner: “About the kaddish, being that we do not say kaddish soon after krias hatorah, and we always say kaddish before saying the shmonei esrei, the question is how can we say kaddish and it should apply to both situations. Shaar Hakollel says therefore to start saying the kaddish as the sefer Torah is being returned to the oren kodesh and complete the kaddish only after the sefer Torah was put in the oren kodesh, this way it is considered to apply to both. The Rebbe thought that it should maybe be said only after it is in the oren kodesh. The Rebbe himself would start that Kaddish as it is being carried to the oren kodesh. One time he waited till it was in the oren kodesh, but that was because the Rebbe said maftir and soon after he finished they started carrying the sefer torah, the Rebbe would not walk in front of the Torah only following, when he came to the Amud they had the Sefer Torah already in the Aron kodesh.”

[292] See background above.

[293] Michaber 129:1; 566:8; Admur 129:1-2

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

[295] 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.]

[296] 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]

[297] Kaf Hachaim 129:7; Hiskashrus 1024

[298] Luach Eretz Yisrael of Rav Tukichinsky; Piskeiy Teshuvos 566:8.

[299] Sheivet Halevi 8:23; Piskeiy Teshuvos 129:1

[300] Poskim ibid

^[301] Siddur; Luach Kolel Chabad

[302] 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

[303] See Piskeiy Teshuvos 129:2; Dvar Yehoshua 3:75

[304] 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

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

[306] Admur 602:4; Michaber 131:5 regarding Mila “If there is a Mila on a Taanis Tzibur then they say Selichos and Viduiy although do not do Nefilas Apayim or say Vehu Rachum”; Rama 602:1 in name of Minhagim; Elya Raba 133:13; Mateh Efraim 602:12; M”B 133:27 in name of Elya Raba and Magen Giborim “The same applies for a Chasan”; Ketzos Hashulchan 24:7

[307] Piskeiy Hassidur 151 and 179; Sichas Kodesh 6^th Tishreiy 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]]

^[308] Siddur Tehilas Hashem [from 1978 and onwards with the Rebbe’s approval] based on Sichas Kodesh 6^th Tishreiy 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 Nichemia 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 has 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]

[309] Admur ibid; Michaber ibid

[310] 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; 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

[311] 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 

[312] Luach Eretz Yisrael; Tzitz Eliezer 7:9; Piskeiy Teshuvos 566:5

[313] 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 or 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]

[314] Admur 602:4; Rama 602:1 in name of Minhagim; Mateh Efraim 602:12

[315] 6^th Tishreiy 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;]

[316] 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

[317] Michaber 567:3 “One who is accustomed to rinse his mouth, it is improper-not Kosher- to do so on a public fast day” based on Terumos Hadeshen 158 regarding the prohibition to taste foods on a fast; Mamar Mordechai 567:2; Levush 567; Nehar Shalom 567:1; Bigdei Yesha 567:6; Kaf Hachaim 567:13; Chayeh Adam 132:20; Ketzos Hashulchan 2 footnote 25 in name of Ateres Zikeinim; Sefer Haminhagim p. 4 [English]

Other opinions: Some Poskim rule it is permitted to rinse ones mouth in water even on a public fast day, with exception to Tishe Beav and Yom Kippur. [Drashos Maharil, brought in Darkei Moshe 567:1 and Elya Raba 567:5 and Kaf Hachaim 567:14] The Elya Raba ibid concludes one may be lenient if he is accustomed to do so daily.

Stringency or prohibition? It is implied from the Michaber ibid that there is no prohibition involved in rinsing the mouth even on Yom Kippur being one has no intent to swallow the liquid and it is merely water. [P”M 567 A”A 6]

[318] The reason: As one may come to swallow the water. [Mamar Mordechai 567:2; Levush 567, brought in P”M ibid]

[319] Machatzis Hashekel 567:6; Nehar Shalom 567:1; Bigdei Yesha 567:6; Kaf Hachaim 567:13

Other opinions: Some Poskim rule it is permitted to rinse one’s mouth with less than a Revius of water, as the entire prohibition against tasting foods only applies on Yom Kippur and Tishe Beav. [M”A 567:6; See P”M 567 A”A 6 who questions his ruling; See also Machatzis Hashekel ibid who learns in M”A that only on a Tannis Tzibur that is not one of the four fasts is this allowed, however on the four fasts even less than a Revius is forbidden.]

[320] Chayeh Adam 132:20; M”B 567:11; Kaf Hachaim 567:14

[321] Michaber ibid; Terumos Hadeshen ibid

[322] M”A 567:7 based on Terumos Hadeshen ibid

[323] M”A ibid; Elya Raba 567:4; M”B 567:12; It is unclear if the M”A is referring to only a private fast day or even a public fast day. However seemingly he is referring to a private fast day, which is the discussion of M”A ibid, and so is implied from M”B ibid and so writes M”E 602 Alef Lamateh 3; Piskeiy Teshuvos 567 footnote 2.

[324] Rama 567:3; Ateres Zekeinim 567

[325] M”A 567:8; M”B 567:13

[326] See Michaber and Rama 567:3 and M”A 567:8 that ideally one may chew cinnamon for the sake of flavor although practically one is to be stringent by all public fasts; If however there is no flavor or swallowed moisture, then seemingly it is permitted according to all. Thus, one may continue chewing an old piece of gum on a fast day.

[327] Admur 90:14; M”A 567:8 in name of Aguda; Aruch Hashulchan 90:17; M”B 567:13

The reason: As one has no intent of eating upon swallowing the saliva. [M”A ibid]

Other opinions: Some Poskim rule it is forbidden to swallow saliva on Tisha B’av and Yom Kippur. [Bach 612, see Aruch Hashulchan ibid]

[328] Implication of M”A ibid; Piskeiy Teshuvos 567:2

[329] Minchas Yitzchak 4:109; Piskeiy Teshuvos 567:1; based on Michaber 567:3 and M”B 11 who allows to rinse ones mouth in a case of pain

[330] See M”A 567:3 that one may rinse his mouth using vinegar, being it is not fit for drinking [accordingly, it is allowed even not in a time of need]; Kinyan Torah 2:49; See Mateh Efraim 602:3; Piskeiy Teshuvos 567 footnote 3

[331] Based on Bach brought in M”B 550:6 that a Baal Nefesh is to be stringent to follow all the oppressions of Tishe Beav on all the other fasts as well. Nevertheless, this refers only to the four fasts of scripture which are due to the destruction of the Temple. However, on Taanis Esther according to all it is allowed. [Nitei Gavriel 87:18]

[332] Piskeiy Teshuvos 686 footnote 6

[333] M”A 686:3

[334] Hagahos Maimanis

[335] Elya Raba 686:1

[336] See Rama 686:2; M”A 559:11 regarding Tishe Beav and all the other 4 Taaneisim and so rules: Radbaz 2:35; M”B 559:35; Beis David 347; Erech Hashulchan 550:1; Poskim brought in Kaf Hachaim 549:5 and 10; See Piskeiy Teshuvos 559:9

[337] Rama 686:2

Regarding Tishe Beav and the other fasts of scripture: In the event that the fast fell on Shabbos and was hence pushed off to Sunday, then one who has a Bris taking place on Sunday is not required to fast until night. [See Michaber 559:9 regarding Tishe Beav Nidche and certainly the same applies for the other four fast days that are Nidche and so rule: Elya Raba; Chayeh Adam; M”B 559:37; Shaareiy Tziyon 559:39; Degul Merivava; Heishiv Moshe 36; Yeshuos Yaakov 559:5; Kitzur SHU”A 125:8; Ben Ish Chaiy Shoftim 17; Igros Moshe 4:69-4; Yabia Omer 1:34; See Piskeiy Teshuvos 559:9 footnote 74] See however the M”A 559:11 that brings in the name of the Kneses Hagedola that the custom is to be stringent regarding all fasts, even Nidche, and to fast until night as usual.

[338] Rama ibid

[339] M”B 686:7; Shaar Hatziyon 686:13

Regarding the other fasts of scripture: The meal must take place after Mincha. [See M”A 559:13; M”B 559:37]

[340] M”B ibid; Kaf Hachaim 686:28 in name of Chayeh Adam 155:3 and Kitzur SHU”A 141:3 regarding the Baal Bris

[341] Taz 686:2; Elya Raba 686:6 brought in Kaf Hachaim 686:27; M”B 686:7; Regarding the four fasts of scripture so rules: M”A 559:11 in the name of the Kneses Hagedola that the custom is to be stringent regarding all fasts, even Nidche, and to fast until night as usual.

[342] Chayeh Adam 155:3 based on that the custom is like the Taz as we have never seen a meal done during the day of the fast. So rules also Kitzur SHU”A 141:3; Kaf Hachaim 686:27

[343] PM”G 686 M”Z 2; Mor Uketzia; Shvus Yaakov brought in M”B 686:7

[344] Rama 559:8; P”M 559 A”A 12

[345] Shaar Hatziyon 686:16 based on Gr”a; Pischeiy Teshuvah; Mishavas Nafesh 7; Nitei Gavriel 25:5; So rule regarding a Chasan: Birkeiy Yosef 686:6 based on Beis David 476 brought in Shaareiy Teshuvah 686; Chayeh Adam 155:3; Poskim brought in Kaf Hachaim 686:16; Kitzur SH”A 141:2; Divreiy Yatziv 2:291; Some Poskim even rule it is forbidden for the Chasan to fast, as it is his Holiday. [Meshivas Nafesh 17; Yechaveh Daas 2:78]

Regarding if the Bris is taking place after the 8^th day: See regarding the four fasts: Shaareiy Teshuvah 551:15; 559:7 in name of Peri Haaretz 2:8; Birkeiy Yosef 559:6; Kaf Hachaim 559:9 [stringent] SSH”K 62 footnote 116; Piskeiy Teshuvos 559:9 [lenient]

Ruling by other fasts: By the other fast days it is ruled that the Baalei Bris must nevertheless fast until night as usual. [M”A 559:11 regarding Tishe Beav and all the other 4 Taaneisim and so rules: Radbaz 2:35; M”B 559:35; Beis David 347; Erech Hashulchan 550:1; Poskim brought in Kaf Hachaim 549:5 and 10; See Piskeiy Teshuvos 559:9]

[346] Mahrsham 4:148; Zera Emes 3:77; Poskim brought in Kaf Hachaim 686:28; 549:9

[347] Kaf Hachaim 686:28; Piskeiy Teshuvos 684:4

[348] M”B 686:7 that even the meal may take place in the morning

[349] Zera Emes 3:77; Poskim brought in Kaf Hachaim 686:28; 549:9, brought also in Piskeiy Teshuvos 686:4

[350] Kaf Hachaim 686:28; Piskeiy Teshuvos 684:4

[351] Piskeiy Teshuvos 686:4

[352] Piskeiy Teshuvos 686:4

Ruling by other fasts: By the other fast days it is ruled that if a Pidyon Haben is set to take place on a fast day the father and Kohen must nevertheless fast until night as usual. [M”B 559:38]

[353] As is the ruling regarding a Bris.

Taanis Nidche: In the event that the fast fell on Shabbos and was hence pushed up to Thursday, then if a Pidyon Haben is taking place on Thursday, the father and Kohen is not required to fast until night. [See M”B 559:38] Nevertheless regarding the four fasts the M”B ibid rules that the meal is to take place only after the fast. Vetzaruch Iyun if this ruling would apply likewise to Taanis Esther.

[354] M”B 559:38 regarding the four fasts