Volume 39: Number 96
Sun, 21 Nov 2021
Subjects Discussed In This Issue:
Message: 1
From: Rich, Joel
Date: Wed, 17 Nov 2021 06:49:26 +0000
Subject: [Avodah] aveil daven on rosh chodesh
How widespread is the practice of having an aveil daven on rosh chodesh up
to, but not including, yishtabach? What is halachically gained by this
practice? (During a regular shacharit as well?)
KT
Joel Rich
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Message: 2
From: Micha Berger
Date: Wed, 17 Nov 2021 13:19:25 -0500
Subject: Re: [Avodah] aveil daven on rosh chodesh
On Wed, Nov 17, 2021 at 06:49:26AM +0000, Rich, Joel via Avodah wrote:
> How widespread is the practice of having an aveil daven on rosh chodesh
> up to, but not including, yishtabach? What is halachically gained by
> this practice? (During a regular shacharit as well?)
Take a look at R Danny Mann's treatment at
<https://www.yeshiva.co/midrash/35247>
The question was a case where the gabbai asserted the minhag RJR
described, but the avel's rav said he should take all of Shacharis. So,
a second piece -- who do you follow?
Money quote (which ended up being 2/3 of the body):
The Maharil (Shut 22) is the primary source about limiting when an avel
can be chazan. He says that an avel should not be chazan on Shabbat,
Yom Tov, and for Hallel because of the simcha associated with those
tefillot. The Rama (Yoreh Deah 376:4) cites this idea only in regard to
Shabbat and Yom Tov, writing that the practice is for them not to be
chazan although it is not forbidden, but Ashkenazi Acharonim accept
it for Hallel as well. There is quite an even set of opinions and
varied practices regarding the rest of Shacharit as well as Mincha
and Maariv on days when there is Hallel (Rosh Chodesh, Chanuka)
and Purim (see a survey in Divrei Sofrim, YD 376:94). Therefore,
both practices are legitimate, and that is not our main interest.
The minhag is related to a discrepancy between the festivity of
the tefilla and the avel's sadness (or an aura of strict judgment -
see Taz, OC 660:2). But who are we trying to "protect"? If we are
protecting the congregation from an avel who is not capable enough to
elevate them to the proper mood, then it is clearly the shul's call,
and ostensibly the avel (unintentionally) acted improperly. If it
is that it is wrong for the avel to thrust himself into the midst
of excitement that is incongruous with his avelut, the matter likely
depends on his rabbi's ruling.
Sources that connect the matter to the suitability of the avel to act
as a shaliach (agent) of the tzibbur include the Taz (ibid.) and Zera
Emet (III:164). My reading of the Maharil itself and of the Maharam
Shick (OC 183) indicates that it is a matter of inappropriateness for
the avel's mourning obligations. (I am not convinced my reading is
correct; it is not feasible to share the nuances in this forum.) It
is possible to distinguish between specific cases. Perhaps regarding
Shabbat and Yom Tov and Hallel, the community demands festivity the
avel lacks. Perhaps, though, the rest of Shacharit has no special
requirements for the chazan, just that involvement in the public
service of such a happy day is improper for him. Therefore, we leave
the fundamental unconcluded.
Tir'u baTov!
-Micha
--
Micha Berger I slept and dreamt that life was joy.
http://www.aishdas.org/asp I awoke and found that life was duty.
Author: Widen Your Tent I worked and, behold -- duty is joy.
- https://amzn.to/2JRxnDF - Rabindranath Tagore
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Message: 3
From: Micha Berger
Date: Wed, 17 Nov 2021 13:26:36 -0500
Subject: Re: [Avodah] aveil daven on rosh chodesh
Addendum:
The implication I got from the Rama is that the problem with an avel
taking the amud on R"Ch is Hallel. Which rules out being the Chazan
for Shemoneh Esrei too. But there is still Chatzi Qaddish...
Tir'u baTov!
-Micha
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Message: 4
From: Zev Sero
Date: Wed, 17 Nov 2021 16:11:50 -0500
Subject: Re: [Avodah] aveil daven on rosh chodesh
On 17/11/21 1:19 pm, Micha Berger via Avodah wrote:
> The question was a case where the gabbai asserted the minhag RJR
> described, but the avel's rav said he should take all of Shacharis. So,
> a second piece -- who do you follow?
I had the opposite question arise. My minhag is that an avel does not
go to the amud on any day where there is musaf. One rosh chodesh during
my aveilus I davened mincha at a certain shul and the gabbai, knowing
that I was an avel, asked me to take the amud, saying that it was the
minhag of that shul to allow it. My question was whether the minhag of
not going is about the avel or the tzibur (gavra or cheftza?). Is it
the avel who doesn't go, or the tzibur who don't allow him? The rav to
whom I asked all my aveilus shaylos answered that it's about the avel,
so I shouldn't go even if asked.
[Email #2. -micha]
On 17/11/21 1:26 pm, Micha Berger via Avodah wrote:
> The implication I got from the Rama is that the problem with an avel
> taking the amud on R"Ch is Hallel. Which rules out being the Chazan
> for Shemoneh Esrei too. But there is still Chatzi Qaddish...
It doesn't preclude Shemoneh Esrei. The minhag I am most familiar
with is that on Chanukah (except Rosh Chodesh and Shabbos) an avel does
go to the amud for Shacharis but steps aside for Hallel and returns for
the kaddish.
--
Zev Sero Wishing everyone health, wealth, and
z...@sero.name happiness in 5782
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