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    09 – Barchu

    For those who arrive at the synagogue late, after the beginning of Birkot Keriat Shema, and miss the response to Barchu by the congregation, the Chachamim established that after the prayer service, the chazan repeats Barchu. The latecomers, along with the entire congregation, answer, “Baruch Hashem HaMevorach l’olam va’ed” (“Blessed is Hashem, the Blessed One, for all eternity”). That is also how we practice at the conclusion of the Ma’ariv service. According to this, on Shabbat and holidays, there is no need for the chazan to say Barchu at the end of the prayer service, because it is reasonable to assume that even those who came late succeeded in hearing the recital of Barchu by the people called up to the Torah (Shulchan Aruch 133:1; Maharitz; Mishnah Berurah, the introduction to section 69). For this reason, those who pray in Nusach Ashkenaz do not recite Barchu after the prayer service on those weekdays on which the Torah is read. However, on days when the Torah is not read, it is always customary to recite Barchu without verifying whether there is someone who needs to make it up, so as not to trouble the congregation to determine if there is a latecomer present.

    According to the Ari, Barchu is always recited after the prayer service, because according to his Kavanot, it is necessary to say Barchu twice in every prayer service, once before Birkot Keriat Shema and a second time at the end of the service. The same is true for Ma’ariv. That is the custom of those who pray in Nusach Sephard, and the minhag of the Chassidim as well (Kaf HaChaim 133:1).

    In every nusach of prayer, Barchu is recited after Kaddish d’Rabbanan, which is the last Kaddish, so that even the last of the latecomers will succeed in hearing it. It is customary that the one who recites Kaddish says the Barchu as well. However, sometimes the one reciting the last Kaddish is a child who lost a parent and has not yet reached the age of mitzvot. In such a case, the chazan, who is obligated to perform the mitzvot, must be the one to recite Barchu (Mishnah Berurah 55:4).

    10 – Is Another Kaddish Recited After Aleinu L’Shabe’ach?

    After Aleinu L’Shabe’ach there is no need to recite another Kaddish Yehei Shelama because it was already said after Shir Shel Yom. Likewise, there is no reason to recite Kaddish on verses of Scripture twice within such a short amount of time. Even according to the Kavanot HaAri, there is no room for another Kaddish, and that is the custom of the Sephardim.

    Nevertheless, in Ashkenazic minyanim, mourners are accustomed to reciting Kaddish Yehei Shelama on verses of Scripture twice. In other words, Kaddish Yehei Shelama is recited after Aleinu L’Shabe’ach and again after Shir Shel Yom. This law depends upon whether or not it is permissible to recite additional Kaddishim.[10]

    The poskim write that every person must hear seven Kaddishim every day, corresponding to what is written (Psalms 119:164), “Sheva bayom hillalticha” (“I praise You seven times daily”) (Beit Yosef 55:1; Mishnah Berurah 55:5). According to the Ari, one must hear twelve Kaddishim daily.[11]

    [10]. Many Acharonim (among them, Knesset HaGedolah, Chayei Adam, Shetilei Zeitim 55:9) write that just like it is best to minimize the number of berachot that one recites, so it is best to say as few Kaddishim as possible. The Mishnah Berurah 55:1 adds that some Acharonim forcefully challenge the practice of those who assembled to recite verses or rabbinic teachings and say Kaddish a few times. Instead, one Kaddish is recited on the verses and one on rabbinic study, and no more. That is what is written in Az Nidberu 13:33, and hence Kaddish Yehei Shelama may not be recited twice at the end of the prayer service. By contrast, Eshel Avraham Butshatsh 132:2 writes that many Kaddishim may be added, and that the law concerning them resembles the law of the Thirteen Attributes of Mercy which are recited many times in Selichot. Since Hashem’s Name is not mentioned in the Kaddish, the Kaddish is not considered to be recited in vain. He continues that this is how he practiced when he was a chazan and there was no mourner present – he himself recited Kaddish Yehei Shelama twice at the end of the prayer service. The Ari’s opinion, that there is no place for a Kaddish after Aleinu, is brought in Kaf HaChaim 55:1; 48:1, at the end of s.v. “V’Da Hakdamah.”

    Further, the Eshel Avraham 132:2 writes that it is proper to adjoin Barchu to Kaddish just as it is customary to do regarding the Barchu before Birkot Keriat Shema in Shacharit. Therefore, the minhag (in Nusach Sephard) to say a few verses before Ma’ariv and Kaddish after them became widespread. Similarly, at the end of the prayer service, it is proper to recite Kaddish before Barchu.

    Moreover, formerly, the custom in Ashkenaz was that only one person would recite Kaddish, and when there were a few mourners they would take turns. There were times that every mourner merited reciting one Kaddish per week. Perhaps that is the reason that it was customary to say Mourner’s Kaddish twice, so that more mourners could recite it. When the number of mourners increased as a result of the pogroms, a new custom was introduced – that all the mourners would recite Kaddish together. By contrast, the Sephardic custom has always been that all the mourners recite Mourner’s Kaddish together.

    [11]. The following are the seven Kaddishim (as written in Mishnah Berurah 55:5): 1) Half-Kaddish after Pesukei d’Zimrah, 2) Half-Kaddish after Shemoneh Esrei, 3) Kaddish-Titkabal after Kedushah d’Sidra, 4) Yehei Shelama after Aleinu L’Shabe’ach (according to Nusach Ashkenaz), 5) Half-Kaddish after Ashrei in Minchah, 6) Kaddish-Titkabal after Minchah, and 7) Half-Kaddish in Ma’ariv between Birkot Keriat Shema and Shemoneh Esrei. The Kaddish after Ma’ariv, even though it is a mitzvah, is not included in the seven.

    The Kaf HaChaim 55:1, based on the Ari, adds another five, as follows: 1) Kaddish d’Rabbanan before Hodu, 2) Kaddish d’Rabbanan after Pitum HaKetoret in Shacharit, 3) Half-Kaddish before Barchu of Ma’ariv, 4) Kaddish-Titkabal after Ma’ariv, and 5) Kaddish Yehei Shelama after the verses following Ma’ariv. Some are accustomed to adding another Kaddish on the verses recited after Minchah, which makes a total of thirteen Kaddishim. The Kaf HaChaim 55:21 writes further that if the mourners are minors, or the mourner stutters and cannot pronounce the words properly, it is necessary for another person to say Kaddish with him, so as to complete the required number of daily Kaddishim. However, regarding an optional Kaddish, not included in the twelve mentioned above, a minor may recite it himself (ibid., 19).

    11 – The Laws of Kaddish

    Due to the importance of the Kaddish, the laws pertaining to it resemble the laws of the Amidah prayer. Therefore, the person reciting the Kaddish must stand, customarily with his legs together. Also, just as it is forbidden to pass within the four amot of a person praying the Amidah (see earlier in this book, 18:18), so too, it is forbidden to pass within four amot of a person reciting Kaddish. This prohibition applies until the end of the Half-Kaddish (Birkei Yosef; Kaf HaChaim 55:9).

    Some say that since the Kaddish is considered to be a matter of sanctity, the congregation must stand when the main section of Kaddish is recited, or at least until they answer “Yehei Shemei rabba…” (Rama; Mishnah Berurah 56:7-8). Similarly, it is necessary to stand when responding to Barchu (Mishnah Berurah 146:18). Some say that it is not obligatory to stand for matters of sanctity, yet those who were standing at the beginning of Kaddish must remain standing, and those who were sitting before it began may continue to sit, which is also how the Ari practiced (Maharil; Kaf HaChaim 56:20; 146:20-21).

    Before the chazan reaches the last portion of the Kaddish, he performs the actions done at the end of the Shemoneh Esrei. He bows and takes three steps back. He then bows to the left and says, “Oseh shalom bimromav”, bows to his right and says, “Hu ya’aseh shalom aleinu”, and then bows in front of him and says, “V’al kol Yisrael v’imru Amen” (Shulchan Aruch 56:5; 123:1).[12]

    Some follow the custom that the chazan bows slightly at every place in which the congregation answers Amen. Others bow at different places, and there are those who do not bow at all.[13]

    There are differing customs regarding the response of “Yehei Shemei rabba….” According to the Ashkenazic and Yemenite (Baladi) minhagim, we conclude, “L’alam ul’almei almaya.” According to the Chassidic and Yemenite (Shami) custom, we add “Yitbarach” as well. According to the Sephardic minhag, we recite until “d’amiran b’alma.” Another difference is that after “Berich Hu,” the Ashkenazim answer “Berich Hu” and according to the Sephardic minhag, whoever succeeds in finishing until “d’amiran b’alma” responds Amen, and whoever does not, refrains from responding to “Berich Hu.”[14]

    When a person answers “Amen Yehei Shemei rabba…” he should pause between “Amen” and “Yehei Shemei rabba,” for Amen is a response to what the chazan said previously, and “Yehei Shemei rabba” is a praise in itself (Mishnah Berurah 56:2).

    [12]. However, Kaf HaChaim 56:36 writes that the chazan takes three steps back only in Kaddish-Titkabal, since it is connected to the Amidah prayer, but concerning the remaining Kaddishim that are not linked to the Amidah, there is no reason to step backwards. Still, Yabia Omer 5:9 supports the opinion of the Shulchan Aruch, that in all Kaddishim he takes three steps back. A possible explanation is that the essence of the Kaddish is considered similar to the Amidah, and that alone necessitates taking three steps back. This is the minhag of all Ashkenazim.

    [13]. The Shulchan Aruch 56:4 writes that the chazan bows at five places during the Kaddish, when saying: 1) “Yitgadal,” 2) “Yehei Shemei Rabba,” 3) “Yitbarach,” 4) “Berich Hu,” and 5) “Amen” (at the end of the Half-Kaddish). The Kaf HaChaim 56:35 writes in the name of a number of Acharonim that he bows every time the congregation responds Amen. It seems that even according to his minhag, the chazan bows at only five places; however, he bows at the five places in which the congregation responds Amen in the Half-Kaddish. The Gra questions these bows, for he maintains that it is wrong to add more bows than the ones the Chachamim instituted for the Shemoneh Esrei. The Aruch HaShulchan 56:7 answers that the bows performed in the Kaddish are minor, unlike those in Shemoneh Esrei, and therefore they are not considered additions to what the Chachamim established.

    [14]. The Beit Yosef summarizes the opinions and writes in the name of the Rambam, Rashi, Kolbo, and Rabbi David Abudraham that one only says until “almaya,” which adds up to a total of 28 letters, and that is Minhag Ashkenaz. However, the Midrash writes that one must be very careful not to separate the words “almaya” and “Yitbarach,” and that someone who does is punished. Therefore, many became accustomed to saying until “d’amiran b’alma,” a total of 28 words. So, it seems, is the opinion of the Shulchan Aruch 56:3. This is also written in Kaf HaChaim 33. Minhag Chassidim, based on Rabbi Yosef Gik’atlya, is to say until “Yitbarach,” thereby attaching “almaya” to “Yitbarach.” The Magen Avraham writes that this is an ancient custom. However, the opinion of the Gra, based on the Rishonim, is not to recite “Yitbarach” because this word begins a different praise. The Mishnah Berurah 15 provides a possible solution – if one says “Yitbarach” after an interruption of a breath, perhaps even according to the Gra, the recital of “Yitbarach” would be permissible.

    According to the Mishnah Berurah 56:15, if he reaches a point in prayer in which it is forbidden to interrupt, he may answer only until “almaya.” Kaf HaChaim 33 writes that he says everything until “d’amiran b’alma.” Yalkut Yosef 66:1 maintains that between paragraphs or berachot he responds to everything, and in the middle of paragraphs or berachot he answers until “Yitbarach.”

    The Shulchan Aruch 55:2 writes that after the conclusion of “Yehei Shemei rabba…,” when the chazan says “Yitbarach,” the congregation responds Amen. Today, only the Yemenites practice this way. According to the Sephardic minhag, in which they continue to say until “d’amiran b’alma,” it is impossible to succeed in responding Amen after “Yitbarach,” and even to “Berich Hu” they do not always succeed in answering. That is also what is written in Kaf HaChaim 56:29, that according to the Kavanot, one does not respond Amen after “Yitbarach.”

    It is better to respond to the Kaddish in accordance with the custom of the one reciting it (“Berich Hu,” “Amen,” etc.), as explained earlier in this book 6:5. However, this is usually not the practice, and therefore many are accustomed to answering according to their own minhag, despite the fact that it appears slightly like “Lo Titgodedu” (fragmenting the nation into divergent groups with different practices).

    12 – Kaddish After Learning

    It is a mitzvah to recite Kaddish after every learning session. If verses of Scripture are learned, Kaddish Yehei Shelama is recited. Following rabbinic study, Kaddish d’Rabbanan is recited. It is customary that after rabbinic study, words of aggadah are added, for they please the heart, and consequently, the Kaddish recited afterwards is said out of happiness (Birkei Yosef 55:1; and see Mishnah Berurah 55:9). Therefore, after Pitum HaKetoret, further words of aggadah are added about one who learns halachot every day and about talmidei chachamim who increase peace in the world.

    Some maintain that Kaddish is not to be recited unless ten people learn together, be it verses of Scripture or Chazal’s teachings (Aruch HaShulchan 55:5). Others say that even when two people learn together, and immediately upon their conclusion ten men assemble there, they may recite Kaddish on their learning (Magen Avraham; Mishnah Berurah 54:9 and 55:2). The custom is that one who wishes to recite Kaddish after his learning says aloud, “Rabbi Chananya son of Akashya says, HaKadosh Baruch Hu wanted to grant Israel merit, therefore He gave them the Torah and mitzvot in abundance,” etc. Since ten people hear these rabbinic words, they are considered to have learned, and then all opinions agree that Kaddish may be recited. Similarly, when saying Kaddish upon the recital of verses of Scripture, the person saying it should first say three verses aloud, and afterwards he may recite Kaddish according to all opinions.

    01 – Its Objective

    The Chachamim said, “A person should always be conscientious concerning the Minchah prayer, for indeed, Eliyahu was only answered through the Minchah prayer” (Berachot 6b). One must be especially careful to pray Minchah, since it is unlike Shacharit and Ma’ariv whose times are specified: Shacharit – immediately after waking up from one’s sleep; and Ma’ariv – upon returning home. At Minchah time, a person is often preoccupied with his affairs; therefore he must overcome his concerns and designate time to pray.

    Indeed, the purpose of the Minchah prayer is to sanctify a person’s daily work in the face of all obstacles and difficulties, accusers and prosecutors. Therefore, specifically through his Minchah prayer, Eliyahu was answered in his battle against the Ba’al worshipers.

    In the Minchah prayer a person infuses his daily life with holiness, lending an added sanctification of Hashem’s Name to the day. Perhaps for that reason this prayer is named “Minchah,” meaning donation and gift. By praying Shacharit, we fulfill our obligation to thank Hashem for all the good He has given us, and in Minchah we add more prayers. Shacharit refers to everything that Hashem has given us in His abundant graciousness, and Minchah arises from our daily actions.

    02 – The Order of the Prayer

    The majority of Geonim and Rishonim maintain that there is no need to recite the passages of the Korbanot before praying Minchah. Neither the Rambam (Hilchot Tefillah 9:8), nor the Shulchan Aruch mention that Korbanot are recited at Minchah. Still, there are Rishonim who write that the passages of the Tamid and the Pitum HaKetoret are recited before Minchah, just as it is proper to say them before Shacharit (Rama 234:1; 132:2). Those who follow the Ari are more meticulous about reciting Korbanot before Minchah (Kaf HaChaim 232:6; Piskei Teshuvot 234:1).

    All are accustomed to saying Tehillah L’David (Ashrei) before the Amidah of Minchah because it is proper to praise Hashem prior to praying the Amidah. It is, indeed, a kind of Pesukei d’Zimrah before the Minchah prayer (see earlier in this book 14:1-2). However, it is not an absolute obligation to recite it before Minchah, and therefore, in a situation in which the time to pray Minchah is about to lapse, one must skip Tehillah L’David and immediately start reciting the Amidah (Mishnah Berurah 234:6). Likewise, if the congregation is ready to begin the Amidah, he should skip Tehillah L’David so that he can start praying together with them in a minyan (Mishnah Berurah 108:14; Or L’Tzion, part 2, 15:3).

    After Tehillah L’David the chazan recites Half-Kaddish, following which the congregations begins the silent Amidah. Subsequently, the chazan says Chazarat HaShatz. Birkat Kohanim is not recited in Chazarat HaShatz of Minchah, for fear that perhaps the Kohanim drank wine at the meal beforehand and will come to bless the nation when they are inebriated. However, on a public fast day, there is no such concern, and therefore they bless the nation then (on condition that the congregation prays after plag haminchah, as explained earlier in this book 20:5).

    After the Amidah, prayers of supplication (Tachanunim) are recited. According to the Sephardic custom, Vidui, the Thirteen Attributes of Mercy, and Nefillat Apayim are all said; whereas according to the Ashkenazic and Yemenite (Baladi) minhag, only Nefillat Apayim is recited. Subsequently, the chazan says Kaddish-Titkabal. On days on which Tachanun is not recited (as explained earlier in this book 21:7-8), the chazan recites Kaddish-Titkabal immediately following the Amidah repetition.

    Sephardim say “Lamenatze’ach Bin’ginot” (Psalm 67) followed by Mourner’s Kaddish, and conclude the prayer with Aleinu L’Shabe’ach. Ashkenazim do not recite Lamenatze’ach. They say Aleinu L’Shabe’ach and then Mourner’s Kaddish.

    03 – Minchah Time Corresponds to the Time of the Tamid Offering

    The Chachamim established the time of the Minchah prayer to correspond to the afternoon Tamid. In principle, the time of the Tamid offering starts after six hours into the day, for that marks chatzot (midday), and the sun then begins to descend towards the west. However, the Chachamim were concerned that perhaps an incorrect estimation would be made regarding the position of the sun; therefore they established that the Tamid can only be offered half an hour later, which means that the time of Minchah starts at six-and-a-half hours into the day.[1]

    In actuality, the Tamid offering was the final offering of the day, after which it was not permissible to offer burnt offerings, peace offerings, sin offerings, or guilt offerings. Therefore, it was customary to delay bringing the afternoon Tamid offering until after nine-and-a-half hours of the day already passed.

    Only when Erev Pesach fell on Erev Shabbat was the Tamid brought immediately after six-and-a-half hours into the day. The reason for this is because the time to bring the Pesach offering is after the time of the Tamid, and in order for all of Israel to succeed in bringing their Pesach offerings before Shabbat arrived, it was necessary to make the time of the Tamid offering as early as possible.

    That is the basis for the division of Minchah time into two parts: “Minchah Gedolah” (large Minchah) and “Minchah Ketanah” (small Minchah). Minchah Gedolah starts from six-and-a-half hours and lasts until nine-and-a-half hours, and in principle, it is the proper time to bring the Tamid offering. However, in actuality, only in rare cases is the Tamid brought at Minchah Gedolah. Minchah Ketanah lasts from nine-and-a-half hours until the end of twelve hours, meaning, until the end of the day, within which time the Tamid of the afternoon was offered. The first Minchah period is named “Gedolah” (large) since its duration is longer – three hours; the second, whose time is two-and-a-half hours, is called “Ketanah” (small). As we already learned, these hours are proportional hours. The day is divided into twelve parts and each part is called a proportional hour. In the summer, when the day is long, the hours are long as well, and in wintertime, when the day is short, the hours are concurrently short (see earlier in this book 11:10).

    Since the Tamid offering was actually brought at Minchah Ketanah, it is the opinion of the Rambam that l’chatchilah, it is necessary to recite Minchah at that time, and it is only permissible b’dieved to fulfill one’s obligation of Minchah at the time of Minchah Gedolah. That is also how the Shulchan Aruch rules (233:1). However, others maintain that since, in principle, the time of the Tamid starts six-and-a-half hours into the day, it is permissible l’chatchilah to recite Minchah at the time of Minchah Gedolah (Rif and Rosh). Some say that it is even proper l’chatchilah to pray Minchah as early as possible, for those who are expeditious perform mitzvot as soon as they can (Rasag).

    In practice, it is preferable to pray at the time of Minchah Ketanah. However, in times of need, it is permissible l’chatchilah to pray Minchah Gedolah. For example, if one has two options: to pray Minchah Gedolah in a minyan, or Minchah Ketanah individually, it is preferable that he prays Minchah Gedolah in a minyan. Similarly, one who is accustomed to eating lunch after the time of Minchah Gedolah, even though he is allowed to rely on those who are lenient and permit eating before Minchah (as explained in halachah 6), nevertheless, l’chatchilah, it is better that he prays in a minyan before that, as practiced in many yeshivot.[2]

    [1]. If one mistakenly prayed in the first half-hour after chatzot, the Acharonim disagree as to whether or not he fulfilled his obligation b’dieved. According to the Magen Avraham he did not, whereas according to the Pri Chadash he did. The Sha’ar HaTzion 233:6 indicates that this matter requires further study, and the Kaf HaChaim 2 concludes that because prayer is a rabbinic obligation, when there is doubt, we are lenient, and he does not repeat his prayer. Further, there is uncertainty with regard to that first half-hour, as to whether it is proportional or permanent. The Sha’ar HaTzion 233:8 tends to say that it is proportional.

    [2]. This is how the Mishnah Berurah 233:1 rules and the Yechaveh Da’at 4:19 expands on this opinion. Another reason to pray close to sunset, l’chatchilah, is based on the Gemara in Berachot 29b, where Rabbi Yochanan states that it is a mitzvah to pray with the last rays of the sun, and Rashi interprets this to mean close to sunset. That is also the opinion of Rabbeinu Chananel (brought by Hagahot Maymoniyot in chapter 2 of Hilchot Tefillah). Even though the Gemara states that in the West (meaning Israel) they would curse a person who prayed with the last rays of the sun, this refers to someone who prayed very late, but slightly before sunset is the most praiseworthy time. That is how the Arizal practiced. However, the Maharsha interprets that the Gemara is referring to Shacharit, meaning that the mitzvah to pray with the last rays of the sun is at netz. See Yechaveh Da’at 4:19; there he cites a few Rishonim who maintain like Rasag that it is preferable to hasten to pray Minchah immediately when its time begins.

    04 – The Final Time to Recite Minchah

    The time to pray Minchah lasts until evening; however, the poskim disagree about the exact final time. The disagreement lies in the question: when did the time to sacrifice the afternoon Tamid offering end? Some say that the time to throw the blood of the Tamid upon the altar was only until sunset, and therefore it is permissible to recite Minchah until sunset (Talmidei Rabbeinu Yonah, the Gra, Mishnah Berurah 233:14). Others say that the time of Minchah lasts until nightfall, since the time of the afternoon Tamid service lasted until night, whether it was for the throwing of its blood, or the offering of its fats and the raising of its libation – and that is the opinion of most poskim (Shulchan Aruch Rama 233:1).[3]

    In practice, one must try to finish reciting Minchah before sunset. However, b’dieved, one may rely on the opinion of the majority of poskim and pray within another thirteen-and-a-half minutes after sunset, for all opinions agree that night does not begin until then.

    It is even permissible to recite the Thirteen Attributes of Mercy and Nefillat Apayim in those thirteen-and-a-half minutes after sunset (Mishnah Berurah 131:17; Yechaveh Da’at 6:7).[4]

    Concerning the option of either praying individually before sunset or with a congregation after sunset, there are differing opinions. Some say it is preferable to pray individually before sunset, although most poskim maintain that it is preferable to pray in a congregation even after sunset.

    There are those who say that a minyan that began to pray late may not forgo Chazarat HaShatz, even if it is recited after sunset. Others say that it is best to skip Chazarat HaShatz so as not to recite it after sunset. In this case, the chazan starts to pray the first three berachot of the Amidah out loud, in order to grant the people praying the merit of reciting Kedushah. According to halachah, there is room for both opinions, and when there is a rabbi present, he must be the one to resolve this matter.[5]

    [3]. According to Talmidei Rabbeinu Yonah, the blood of the Tamid was thrown on the altar until sunset, however according to Rashi it was also permissible to throw the blood of the Tamid at bein hashemashot (twilight). Additionally, even according to those who maintain that the throwing of the blood can only be performed until sunset, some say that the Minchah prayer corresponds to the offering of the organs of the Tamid, its meal offering, and the incense of the afternoon, whose time lasts b’dieved even through bein hashemashot. So it is written in Hagahot Maymoniyot and Minchat Kohen. Even if it is necessary to be stringent concerning the throwing of the blood, for it is a matter of doubt concerning a biblical commandment, still, regarding prayer, which is a rabbinic obligation, the halachah follows those who are lenient. Furthermore, Rabbeinu Tam’s opinion maintains that bein hashemashot only begins at the second sunset, which is 58 and a half minutes after the visible sunset. Therefore, according to him, this time is still considered completely day. Although, in practice, we do not follow Rabbeinu Tam’s opinion, nevertheless, many maintain like him and his approach can be added into the equation.

    [4]. According to the Gra, Mishnah Berurah 233:14, and Aruch HaShulchan 9, the time to recite Minchah only lasts until sunset. However, according to the majority of poskim, including the Shulchan Aruch, Rama 233:1, and Sha’agat Aryeh 17, it is also permissible to pray at bein hashemashot (twilight). So explains Yechaveh Da’at 5:22; 6:7, Yabia Omer, part 7, 34; and Piskei Teshuvot 233:6.

    Although from sunset until the emergence of three stars, usually more time passes (some say approximately 18 minutes and some say approximately 25-30 minutes as explained in 25:5), nevertheless, since there are those who maintain that it is forbidden to pray Minchah at bein hashemashot, it is only permissible to be lenient regarding the time that is agreed upon by all the poskim to be bein hashemashot.

    The poskim disagree as to whether it is permissible to begin praying within 13.5 minutes after sunset, when he is certain that his prayer will end after 13.5 minutes have already passed from sunset. Aruch HaShulchan 110:5 and Eretz Tzvi 121 permit doing so, whereas Magen Avraham 89:4 and Kaf HaChaim 233:5 forbid it. The Yabia Omer, part 7, 34 combines the opinions maintaining that bein hashemashot lasts 18 minutes with the opinion of Rabbeinu Tam, and on that basis permits starting to pray within 13.5 minutes. However, he does not permit beginning the Amidah repetition (Chazarat HaShatz) then.

    Concerning the matter of Vidui and Nefillat Apayim, according to the Ben Ish Chai, Ki Tisa 8, it is permissible to recite Vidui within the whole time of bein hashemashot, and the Thirteen Attributes of Mercy until the middle of bein hashemashot (the time of the calling of the muezzin). However, regarding Nefillat Apayim, he writes in paragraph 14 that shev v’al ta’aseh (being passive and not actively doing something) is preferable and that one should not perform Nefillat Apayim during bein hashemashot. So writes the Kaf HaChaim 131:27 and 51; still, the opinion of most poskim is mentioned above.

    [5]. According to the Mishnah Berurah 233:14, it is preferable to pray individually before sunset, which is how the prominent rabbis of Lithuania used to rule. In contrast to them, it is the opinion of the majority of poskim that it is preferable to pray in a minyan, as brought by Piskei Teshuvot 233:6 and Yechaveh Da’at 5:22. Concerning the matter of Chazarat HaShatz, the Mishnah Berurah clearly maintains that it is not recited, whereas the Kaf HaChaim 233:9, based on the Ari, writes that the Amidah repetition must be said even if it will last after sunset, and that is how the Yalkut Yosef, part 3, 233:3 and Aruch HaShulchan 232:6 rule as well.

    05 – Forbidden Activities Before Minchah

    To ensure the recital of the Minchah prayer, the Chachamim instituted that from the time of chatzot onward, a person must be careful not to begin activities that will likely cause him to be so distracted that he will forget to pray. Therefore, one may not start work that will be difficult to stop in the middle, and will likely continue past the end of the time to pray. Likewise, he may not begin work that might create a problem which, in order to fix it, would require continuing past the final time to pray. One may not shop if the shopping may last until after the final time to pray. Similarly, one may not swim in a pool when there is concern that he might remain there until the time to pray ends.

    However, in a situation in which there is no concern that he will forget to recite Minchah, these activities are permitted. For instance, a person is permitted to start any type of work if he is in a place where he will be called to pray Minchah. Similarly, one is allowed to begin all kinds of work when he knows that the workplace will close before Minchah time passes. It is also permissible to shop in a place where they call people to pray Minchah in a minyan, or when one asks his friend to remind him to pray Minchah. Likewise, it is permissible to swim in a place when the pool is closed before the time to recite Minchah lapses; or when a person normally swims at a certain set time, and there is no concern that he will be tempted to stay past Minchah time.[6]

    If a person began doing something that is likely to continue a long time, and he estimates that he will finish before the final time to recite Minchah, since he already began the activity, he is not required to stop in the middle. Instead, he prays upon the conclusion of his activity. However, if it seems to him that what he is doing will continue past the end of Minchah time, he must stop immediately and pray.[7]

    Although the Chachamim forbade getting haircuts at the time of Minchah, nowadays the Acharonim permit cutting one’s hair even after the time to recite Minchah has begun (Mishnah Berurah 232:6; Kaf HaChaim 14). This is because haircuts today are completed in a very short amount of time and there is no concern that perhaps a problem will occur with the scissors or the shaver, since every barber has several haircutting kits.

    [6]. See Shabbat 9b, where it is written that it is forbidden to get a haircut, enter a bathhouse or a tannery, eat, or judge a case of law close to Minchah time. The Rishonim are divided as to whether or not Chachamim intended to forbid a significant act like a long bathing or a large feast, or even a minor act, such as a short bath or a small meal, the reason being that small acts lead to bigger ones, like a short meal eventually becoming a long one. Further, they disagree whether the prohibition begins at chatzot (halachic noon) – half an hour before Minchah Gedolah, or starts after nine hours have passed – half an hour before Minchah Ketanah. The Rif, Rambam, and Shulchan Aruch rule stringently concerning performing even a minor act near the time of Minchah Gedolah (Shulchan Aruch 232:2). Rabbeinu Tam and the Rosh forbid a significant act near the time of Minchah Gedolah and a small act near the time of Minchah Ketanah (according to the Gra, this is the main and median opinion). The Maor and the Rashba maintain that both significant and minor acts are only forbidden near the time of Minchah Ketanah. Rabbeinu Yonah maintains that a minor act is always permissible and a major act is forbidden near Minchah Gedolah. The Hagahot Mordechai and the Mahariv are more lenient and maintain that only a significant act is forbidden from close to Minchah Ketanah, but a minor act is permissible at all times. (The Rama 232:2 writes that we practice this way. However, it is proper to be stringent concerning a large feast from chatzot, like the opinion of Rabbeinu Tam. Regarding this entire matter, see Rama 232:2, Mishnah Berurah 232:5 and similarly, paragraphs 21-26, as well as Aruch HaShulchan 8-16.) Bei’ur Halachah s.v. “Labursiki” writes that all activities which will likely last a long time are forbidden, like the ruling about going to a tannery.

    However, the Acharonim wonder why nowadays people are not careful concerning these matters. Aruch HaShulchan 15 writes that the cause for leniency lies in the Yerushalmi. The main point, it seems, is that living conditions and types of work have changed, and therefore it is hard for us to establish the halachah according to the limitations of the activity and the times. Instead, it is necessary to return to the basic rule, namely, not to start something that might distract one’s mind until Minchah time lapses, and the more bothersome the activity and the closer it is to the end of Minchah time, the more need there is to be careful. In a place where there is someone who can remind the people to pray, there is no concern, as the Rama 232:2 says. Even when there is no such person, the Aruch HaShulchan 232:16 writes that someone who is accustomed to praying in a set minyan, and normally stops in the middle of his work or business, may start any activity, for there is no concern that he will forget to pray. Today, we rely on his reasoning.

    [7]. Shulchan Aruch 232:2; Mishnah Berurah 14-16. However, the Mishnah Berurah in 13 writes that if he began when he was forbidden to do so in the half-hour before Minchah Ketanah, even if he estimates that he will succeed in praying, he must stop immediately when the time of Minchah Ketanah arrives. Nevertheless, he adds that nowadays we normally are lenient based on the reasons mentioned above (provided by the Rama and Aruch HaShulchan). Since it is unclear which activities are prohibited by the Chachamim, and there are poskim who rule leniently, and in general we are lenient when there is doubt regarding a rabbinic commandment, therefore, I have returned to the fundamental principle that it all depends on whether or not there is concern that he will forget to recite Minchah. The Mishnah Berurah 13 and Kaf HaChaim 23 write, “when it is necessary to stop and pray,” meaning, when the time of Minchah Ketanah arrives and not before then, for that is the main time to pray Minchah. However, I did not mention this above since, according to the Rama and the Aruch HaShulchan, when one starts work or a meal at the time of Minchah Gedolah, there is no concern that he will forget to pray. On the other hand, if, despite that, there is concern that he will get so involved in what he is doing that he will lose track of time, then we should side with those who maintain that if he waits until the time of Minchah Ketanah he will end up forgetting, and it is better that he prays Minchah immediately. However, when there is no concern that he will forget, such as when he sets an alarm clock to ring, or asks his friend to remind him to pray at the time of Minchah Ketanah, he must wait until Minchah Ketanah and then pray.

    06 – A Meal Before Minchah

    Beginning at chatzot, a person must be careful not to forget to pray Minchah; therefore, he may not start a large feast before reciting Minchah. A large feast is one in which many people partake, such as meals which accompany a brit milah, sheva berachot, and a pidyon haben. However, a Shabbat meal is not considered a large feast. In extenuating circumstances, it is permitted to begin a large feast before praying Minchah, on condition that it is clear to those who are eating that they will surely end the feast before the time to pray Minchah lapses, and that they will remind one another to pray after the meal.

    Starting from half an hour before Minchah Ketanah, approximately three hours before sunset, a person must not begin eating even a small meal before he recites Minchah. However, if there is someone there to remind him to pray Minchah, he is permitted to eat. In a place in which he does not have someone to remind him, it is also possible to set an alarm clock to ring at the time that he must pray Minchah. Yet, he must be sure that immediately upon hearing the ring, he will stop his meal and go pray (Rama 232:2; Bei’ur Halachah “V’Yesh”; Halichot Shlomo 2:12).

    Once chatzot arrives, some try, l’chatchilah, not to eat even a small meal before reciting Minchah. Therefore, in many yeshivot, Minchah is held early in the afternoon so that after they pray, they can eat lunch according to all opinions.[8]

    [8]. This is based on the Rif and the Rambam, as clarified in note 6. Although the Shulchan Aruch 232:2 rules like them, still, Sephardim are accustomed to acting leniently, see Kaf HaChaim 30, Yalkut Yosef, part 3, 232:8. However, l’chatchilah it is good to be stringent and pray before the meal, as explained in Or L’Tzion, part 2, 15:1-2 and Yechaveh Da’at 4:19.

    In extenuating circumstances, it is possible to be lenient and eat a regular meal, even within the three (proportional) hours close to sunset, even when he does not have someone to remind him to pray or an alarm clock to set. This is on condition that he regularly prays in a set minyan, as maintained by Aruch HaShulchan 232:16. This is also the opinion of the Mahariv, as brought by the Mishnah Berurah 232:26.

    07 – Rabbi Yehudah’s Opinion

    The prevalent minhag is that of the Chachamim, that Minchah time lasts until the end of the day, and the time to pray Ma’ariv begins after tzeit hakochavim (the emerging of the stars) (Berachot 26a). However, according to Rabbi Yehudah, the time of Minchah lasts until plag haminchah. “Plag” means half; in other words, the time of Minchah Ketanah is divided into halves. We already learned (halachah 3) that the time of Minchah Ketanah is from nine-and-a-half proportional hours until the end of twelve hours, a total of two-and-a-half hours, and if so, one plag is an hour and a quarter. The first plag is the time to pray Minchah, and the second plag begins the time of Ma’ariv, according to Rabbi Yehudah.

    The reason for his opinion is that, in actuality, the Kohanim would rush to slaughter the Tamid and throw its blood upon the altar in the first half of Minchah Ketanah, and therefore that is the time for Minchah. In the second half they would already start offering the organs of the Minchah upon the altar, and since the Ma’ariv prayer was instituted to correspond to the sacrifice of the organs, it is then that Ma’ariv time begins. According to the Chachamim, since it is possible, in principle, to throw the blood of the Tamid upon the altar until the end of the day, the time of Minchah also lasts until the end of the day. The time of Ma’ariv is coordinated with the time to recite Keriat Shema of Ma’ariv, which begins at tzeit hakochavim.

    In practice, this disagreement is left unresolved, and the conclusion of the Talmud (Berachot 27a) is that a person is permitted to decide whether he wants to practice like the Chachamim or like Rabbi Yehudah. However, the Rishonim caution that he must make sure that he consistently adheres to one minhag. In other words, if he follows Rabbi Yehudah, he must take care not to pray Minchah after plag haminchah. If he practices like the Chachamim, he must make sure to always recite Ma’ariv after tzeit hakochavim. However, it is forbidden to pray Minchah after plag haminchah like the Chachamim, and Ma’ariv before tzeit hakochavim like Rabbi Yehudah (we shall expand on this law in the laws of Ma’ariv, 25:6-7).[9]

    [9]. The poskim disagree as to how the day is defined. According to the Shiltei HaGiborim, Gra and majority of poskim, it is from netz to sunset, yet the Terumat HaDeshen maintains that the day is from amud hashachar (dawn) until tzeit hakochavim. Based on this, the time of plag haminchah varies. Is it a (proportional) hour and a quarter before sunset, or before tzeit hakochavim? The minhag is to calculate plag hanminchah from sunset and that is what is written in Kaf HaChaim 233:7 and in the Israeli calendar. However, it can be inferred from the Sha’ar HaTzion that l’chatchilah both opinions need to be taken into consideration (233:4; Sha’ar HaTzion 235:14). Still, it is necessary to note that according to the approach of the Terumat HaDeshen one must calculate tzeit hakochavim like Rabbeinu Tam, meaning 72 minutes after sunset, so that chatzot will be in the middle of the day, as explained earlier in this book, chapter 11, note 14. Based on this, plag haminchah is slightly before the time of the visible sunset (between two and eighteen minutes, fluctuating according to the seasons of the year).

    01 – Keriat Shema and Its Berachot

    The recital of Keriat Shema commands center stage at the beginning of the Ma’ariv prayer. It is a biblical commandment to recite Keriat Shema at night and in the morning, as written in the paragraphs of Shema and V’Hayah Im Shamo’a, “When you lie down and when you get up.” It is also a mitzvah to remember the Exodus from Egypt during the day and at night, as it is written (Deuteronomy 16:3), “Therefore you will remember the day you left Egypt all the days of your life.” From the words “all the days” (kol yemei chayechah), Chazal learn that it is a mitzvah to remember the Exodus from Egypt both at day and at night (Mishnah Berachot 12:2). For that reason, the Vayomer paragraph is also recited at night, since the Exodus from Egypt is mentioned at its end. The Vayomer paragraph, which discusses the mitzvah of tzitzit, primarily applies to the day, and although one can fulfill the nighttime mitzvah of remembering the Exodus from Egypt with other verses, it is customary to remember the Exodus by reciting Vayomer, since these verses are familiar to all (Tosafot Yom Tov there). In addition, combined with the first two paragraphs of Shema, it contains 248 words (paralleling the 248 organs in the body as explained earlier in this book 15:12), and by reciting all three paragraphs, one completely accepts upon himself the yoke of Heaven (see 15:3-4 in this book. The detailed laws of Keriat Shema are clarified in chapter 15).

    Anshei Knesset HaGedolah added the recital of two berachot before Keriat Shema and two berachot after it. The first, “Ma’ariv Aravim,” is a blessing of praise concerning the passage of time from day to night, and parallels Birkat Yotzer Or in Shacharit. The second, “Ahavat Olam,” is praise that refers to Hashem’s love for Israel and the giving of the Torah. The third, “Emet V’Emunah,” is praise about the redemption. In the fourth, “Hashkiveinu,” we ask Hashem to protect us at night and watch over us when we sleep (see also earlier in this book 16:1). Hence, Birkot Keriat Shema are comprised of seven blessings, three in Shacharit and four in Ma’ariv; and the Yerushalmi (Berachot, chapter 1, halachah 5) states that they were instituted based on the verse (Psalms, 119:164), “Sheva bayom hillalticha” (“I praise You seven times daily.”)

    02 – The Ma’ariv Amidah

    Yaakov Avinu established the Ma’ariv prayer, and based on this, Anshei Knesset HaGedolah instituted praying Shemoneh Esrei at night. They set the time of Ma’ariv to correspond to the offering of the organs and fats of the sacrifices, for whatever they did not succeed in burning during the day would be burned throughout the night (Berachot 26b). However, Ma’ariv is optional (reshut). It is a mitzvah to recite Ma’ariv, but not an obligation. Whoever wanted to engage himself in a different mitzvah, or had already gone to sleep, or found it difficult to pray Ma’ariv for another reason, was not required to do so. The reason that Shacharit and Minchah are different from Ma’ariv is that Shacharit and Minchah were instituted to correspond to the Tamid offering of the morning and afternoon, specifically, to correspond to the sprinkling of their blood. Just as a person who does not sprinkle the blood does not fulfill his obligation of bringing the offering, so too, one is obligated to pray Shacharit and Minchah. However, Ma’ariv was instituted to correspond to the offering of the organs and fats upon the altar. Although it is a mitzvah to bring them, if they were not brought, the offering still remained valid. Therefore, the Ma’ariv prayer is optional.

    Nonetheless, throughout the generations, all of Israel became accustomed to praying Ma’ariv. Therefore, at the time of the Rishonim it was established as obligatory. Even so, Chazarat HaShatz is not recited in it, since, in essence, the prayer is optional. Thus, Chazal did not institute an Amidah repetition for it, to fulfill the obligation of the uneducated (Shulchan Aruch 237:1).[1]

    Women are exempt from praying Ma’ariv, even according to those who maintain that women are obligated to pray all the prayers instituted by the Chachamim. A woman’s obligation pertains to Shacharit and Minchah, which were established as obligatory, however, she is exempt from Ma’ariv which is optional. The men’s minhag of accepting upon themselves the recitation of Ma’ariv as an obligation does not apply to women.

    [1]. In Berachot 27b, according to Rabban Gamliel the Ma’ariv prayer is obligatory, whereas according to Rabbi Yehoshua it is optional. According to Abayei it is obligatory, whereas according to Rava it is optional, and the halachah follows Rava. The majority of Rishonim, among them Tosafot, Talmidei Rabbeinu Yonah, and the Rosh (chapter 4, 2:7), maintain that “optional” (reshut) here means that, indeed, there is a mitzvah to recite Ma’ariv, and it may not be cancelled without justification, though it may be cancelled for a minor reason, as I have written above. By contrast, according to Ba’al Halachot Gedolot, the word “optional” means that a person is permitted to abstain from praying Ma’ariv for no specific reason, although he maintains that if one customarily prays Ma’ariv, his minhag obligates him to pray daily.The Rif writes that today, there is an obligation to pray Ma’ariv. The Rosh and Tur section 235 write this as well. In Seder Rav Amram Gaon, he writes that Half-Kaddish is recited between Birkot Keriat Shema and the Amidah, so as to separate between the obligatory and the optional sections. Even though, today, the prayer is obligatory, the minhag to recite Kaddish remains, in keeping with the essence of the original enactment. The opinions are summarized in Beirur Halachah Berachot 4b.

    Most poskim say that someone who begins praying Ma’ariv and remembers in the middle of the Amidah that he already prayed must stop praying immediately, like the law regarding Shacharit and Minchah, for indeed, everything that he prayed was to fulfill his obligation, but when it is clear that he already fulfilled it, he must stop (Bei’ur Halachah 107:1, s.v. “Posek,” and according to many, that is also what is implied from the Shulchan Aruch there). However, according to the Rambam (10:6), he should continue his Amidah as a voluntary prayer (tefillat nedavah). The reason for this is that even nowadays Ma’ariv is, in essence, optional, therefore the basic element of nedavah within it remains (that is also how Yalkut Yosef, part 3, 236:11 rules). One who is uncertain as to whether or not he prayed Shacharit or Minchah must repeat his prayer, but regarding Ma’ariv, the Acharonim disagree. The Mishnah Berurah 107:2 writes that one should pray and add something new in the Amidah (see earlier in this book 18:3). According to all opinions, one who forgot to pray Ma’ariv must make it up after Shacharit (tashlumim), and similarly, one who mistakenly forgot to recite Ya’aleh V’Yavo in Ma’ariv of Chol HaMo’ed must repeat the Amidah (see Beirur Halachah 27b).

    03 – The Order of the Ma’ariv Prayer

    The Rishonim write that before Barchu it is customary to recite three verses, which open with the words, “V’Hu Rachum yechaper avon,” (“He, the merciful One, atones iniquity”), to request atonement for the sins that we committed throughout the day. Furthermore, at night, the Divine attribute of judgment is in force and mechablim (destructive spiritual agents) are given permission to harm. Therefore, we ask, “V’Hu Rachum yechaper avon…” (see Tur and Beit Yosef 237 and Kaf HaChaim 235:5). On Shabbat and Festivals, V’Hu Rachum is not recited.

    According to the Sephardic minhag, three verses beginning with the words, “Hashem Tzevakot…” are recited before the beginning of Ma’ariv, and according to the minhag of the Chassidim, “Shir HaMa’alot…” is recited. Followers of both minhagim recite Half-Kaddish afterwards and then V’Hu Rachum. If Torah learning was conducted before the prayer service, at the end of which Kaddish Al Yisrael was recited, it is unnecessary to recite Half-Kaddish as well, so as to avoid saying too many Kaddishim (Yalkut Yosef, part 3, 236:1).

    By reciting Barchu we introduce Birkot Keriat Shema, and therefore it is forbidden to talk after Barchu, similar to the law concerning someone who is in the middle of a passage of the Shema (Mishnah Berurah 236:1; 54:14; see earlier in this book 16:4). Therefore, whoever did not succeed in saying V’Hu Rachum before Barchu does not recite it after Barchu, so as not to interrupt in the middle of Birkot Keriat Shema (see Yabia Omer 2:5).

    The majority of Sephardim have the custom not to answer Amen after the berachot of the chazan to prevent interruption in the middle of Birkot Keriat Shema. It is best to finish the berachah with the chazan or slightly after him, so that according to all opinions there will be no need to respond Amen. After Birkat Hashkiveinu, some answer Amen (Yalkut Yosef, part 3, 236:6) and some do not (Ben Ish Chai, Pekudei 5). According to the Ashkenazic minhag, Amen is answered after the chazan’s blessings, and is not considered an interruption. However, even the Ashkenazim try not to answer Amen after Birkat Ahavat Olam so as not interrupt between the berachah and Keriat Shema, and they do this by finishing the berachah together with the chazan or after him (see earlier in this book 16:4; all matters concerning Birkot Keriat Shema are clarified in chapter 16).

    At the end of Birkat Hashkiveinu, Sephardim are accustomed to responding Amen to their own blessing, since it is a conclusion of a series of berachot. However, Ashkenazim do not answer Amen to their own berachot, with one exception, following Birkat Boneh Yerushalayim in Birkat Hamazon (Shulchan Aruch 215:1; 236:4).

    Between Birkot Keriat Shema and the Amidah, the chazan recites Half-Kaddish, and after the Amidah he says Kaddish-Titkabal. After that, according to the Sephardic minhag, Shir HaMa’alot Esa Einai is recited, following which those in mourning recite Mourner’s Kaddish, one of whom says Barchu. Subsequently, Aleinu L’Shabe’ach is recited and there is no Kaddish said after it. According to the Ashkenazic minhag, immediately after Kaddish-Titkabal, Aleinu L’Shabe’ach is recited, followed by the recital of the Mourner’s Kaddish by the mourners, one of whom says Barchu.

    04 – Adjoining Redemption to Prayer

    The main part of the Exodus occurred during the day, when the Jewish people left Egypt. Therefore, the primary obligation of adjoining redemption to prayer is in Shacharit. Nevertheless, because the redemption began at night, there is also a mitzvah to adjoin redemption to prayer at night. Yet, we are not as meticulous in adjoining redemption to prayer in Ma’ariv as we are in Shacharit. Therefore, the Chachamim instituted Birkat Hashkiveinu after Birkat Ga’al Yisrael and considered it a continuation of Birkat Ga’al Yisrael, for in Birkat Ga’al Yisrael the blessing concerns the redemption of all Jews as a collective whole, while in Hashkiveinu we request the redemption of the individual from the dangers of the night. Were we to be strict about adjoining redemption to prayer, it would be impossible to say Birkat Hashkiveinu after the blessing regarding the redemption.

    Similarly, Half-Kaddish is recited between Birkot Keriat Shema and the Amidah, for that is the order of the prayer; at every transition point from one stage to another in the prayer service, Chazal established saying Kaddish. Although in Shacharit, Kaddish is not recited immediately before the Amidah because of the great importance of not interrupting between redemption and prayer, in Ma’ariv, in which there is no need to be as meticulous in adjoining redemption to prayer, Kaddish is recited between Birkot Keriat Shema and the Amidah.

    The custom in many places on Rosh Chodesh night is that the gabbai announces the words “Ya’aleh V’Yavo” before the Amidah prayer, and on the night of the seventh of Cheshvan, when we begin to ask for rain, the gabbai declares, “Tal U’Matar.” In Shacharit, we cannot interrupt with speech; instead, the gabbai or chazan reminds the congregation that there is something different in this Amidah by pounding on the pulpit. Yet, in Ma’ariv, we are lenient and express this reminder verbally (Shulchan Aruch 236:2; Mishnah Berurah 7). Still, there are those who pound on the pulpit in Ma’ariv as well, so as not to interrupt with speech (see Kaf HaChaim 336:17; Piskei Teshuvot 236:6).

    One who arrives late, when the congregation is about to start praying the Amidah, should recite the Amidah with the minyan, and then make up Birkot Keriat Shema afterwards. In Shacharit, the halachah is that he must recite the prayers in order because adjoining redemption to prayer is more important than praying in a minyan. However, in Ma’ariv, prayer in a minyan takes precedence, and therefore he prays with the congregation and afterwards makes up Birkot Keriat Shema (Shulchan Aruch 236:3).[2]

    [2]. Although Kaf HaChaim 111:12 writes that according to the Kabbalah, even in Ma’ariv it is forbidden to switch the order of the prayers in the service, nevertheless, the Mishnah Berurah rules like the Shulchan Aruch, as do Yalkut Yosef, part 3, p. 661 and Rabbi Chaim Palaggi.

    There is an old custom to recite Birkat Yir’u Eineinu after Hashkiveinu, for it contains eighteen verses; see Mishnah Berurah 236:5 where he writes that its recital was instituted to replace the Shemoneh Esrei. There are Rishonim who maintain that there was no authority to institute its recital after the time of the completion of the Talmud, and therefore it is not to be recited (Meiri). Even so, many do have the custom to recite it. Talmidei Rabbeinu Yonah write that the recital of Yir’u Eineinu was instituted instead of the Ma’ariv prayer which is optional, and even after people accepted Ma’ariv as an obligation, the custom to recite Yir’u Eineinu was not cancelled. There are poskim who prove from the custom of reciting Yir’u Eineinu that there is no need to adjoin redemption to prayer in Ma’ariv. That is also the opinion of Rav Amram Gaon. Hence, Kaddish is also recited after Birkot Keriat Shema. Nevertheless, the Ramban and the Rashbam did not recite Yir’u Eineninu or Kaddish, so as not to interrupt between redemption and prayer.

    Already from the end of the time of the Rishonim, it had become customary not to recite Birkat Yir’u Eineinu in Sephardic congregations, although there were Ashkenazim who still recited it. Nowadays, in Israel it is not customary to recite it (see Kaf HaChaim 236:12 and Piskei Teshuvot 7). However, Kaddish is recited by all. Although it is the opinion of many Rishonim not to recite this Kaddish, so as not to interrupt the adjoining of redemption to prayer; nonetheless, all are accustomed to reciting it. The explanation of this is as I wrote above. Aruch HaShulchan 236:8 writes that Kaddish is a sort of redemption, so that the respect of Heaven will be revealed in the world, and therefore it is not considered as much of an interruption. See Beirur Halachah, Berachot 4b.

    05 – The Time to Recite Keriat Shema Begins at Tzeit HaKochavim

    The time to recite the evening Keriat Shema is “when you lie down” – when people lie on their beds to sleep, which starts when it gets dark. The Chachamim established a sign for the beginning of this time, when three medium-sized stars can be seen in the sky. This is because large stars are also visible during the day or at bein hashemashot (twilight). However, when three medium-size stars (according to the naked eye) emerge after them, it is a sign that night has begun (HaZemanim BaHalachah chapters 49-50). This time is called tzeit hakochavim. To avoid error, and to prevent mistaking big stars for medium ones, the Rishonim write that one must wait until he sees three small stars appear in the sky (Talmidei Rabbeinu Yonah; Shulchan Aruch 235:1).

    However, here an uncertainty arises: how do we establish the time of tzeit hakochavim? Some say that the time of tzeit hakochavim is established according to those with good eyesight, and who know where the first stars are located. They can see the three medium stars approximately eighteen minutes after sunset, and sometimes even fifteen minutes after sunset. This is also implied from the Talmud (Shabbat 35b), which states that the time between sunset and tzeit hakochavim is the walking distance of three-quarters of a mil, which is approximately between thirteen-and-a-half minutes to eighteen minutes. Others say that it is established according to the majority of people, for most people discern three medium stars approximately 25 to 30 minutes after sunset. All this is said in reference to medium stars. However, as mentioned previously, the Rishonim write to wait until three small stars are visible; therefore, it is necessary to wait another few minutes.

    In practice, many are accustomed to start praying Ma’ariv approximately 20 minutes after sunset, for that is the halachah according to the majority of poskim. L’chatchilah, it is best to start Ma’ariv approximately 30 minutes after sunset. One who prays in a minyan in which Keriat Shema was recited before 30 minutes passed from sunset, should go back and repeat the first paragraph of Shema after Aleinu L’Shabe’ach in order to avoid uncertainty. Those who wish to be stringent say V’Hayah Im Shamo’a as well. There are those who also add Vayomer.[3]

    [3]. See HaZemanim BaHalachah chapters 47-51. See also Peninei Halachah Shabbat I, p. 52 and in the footnotes. In Shabbat 35 the time of bein hashemashot (twilight) is explained according to Rabbi Yehudah to be the amount of time it takes to walk three-quarters of a mil, and according to Rabbi Yossi, to be a short amount of time (approximately half a minute). The majority of poskim maintain that Rabbi Yossi’s bein hashemashot is immediately after the time of Rabbi Yehudah’s bein hashemashot. The halachah sides with both of them, meaning that from sunset until a little more than the time it takes to walk three-quarters of a mil is the time of bein hashemashot. (Some maintain that the bein hashemashot of Rabbi Yossi is a few minutes after the bein hashemashot of Rabbi Yehudah, as brought by HaZemanim BaHalachah 40:8-11, and then the time of Ma’ariv is later by a few more minutes.) As we learned earlier in chapter 11, note 1, there are three opinions regarding the amount of time a mil represents: 1) 18 minutes, 2) 22.5 minutes, and 3) 24 minutes. Based on this, three-quarters of a mil is between 13.5 minutes and 18 minutes. In order to incorporate the time of Rabbi Yossi, a little more time must be supplemented, and the result according to this, is that the final time of bein hashemashot is between 14 and 19 minutes.

    However, there are differences between the seasons of the year, for in Nisan (March 5th) and Tishrei (October 5th), the light fades faster after sunset and therefore it is possible to see three stars earlier. For instance, what can be seen in Nisan, 19 minutes after sunset, is visible at the peak of summer (June 22nd) almost 22 minutes after sunset, and at the height of winter, 21 minutes after sunset.

    It is also important to understand that one who stands high above sea level sees the sunset later. For example, one who stands on a mountain, or in a tower at a height of approximately 800 meters above sea level, will see the sunset about five minutes after his friend who stands at sea level below. In other words, the sky will darken at the same time for both of them and they will see the stars simultaneously, but if each of them were to calculate the amount of time that passed from sunset to tzeit hakochavim, there would be a difference of approximately five minutes. Those who are higher see the sun for five more minutes. Based on this, if the Chachamim were talking about Jerusalem, whose height is approximately 800 meters above sea level (at places where the mountains do not block the horizon), in regard to this calculation, 14 or 19 minutes in Jerusalem is like 19 or 24 minutes at sea level. A few laws can be clarified after understanding this point.

    In Israel, on a straight horizon at sea level during the days of Nisan (March 5th) and Tishrei (October 5th), 14 minutes after sunset, the sun descends only 3.75 degrees below the horizon. This approach poses difficulty, for at that time, few, save the most skilled, rarely succeed in seeing three stars. See HaZemanim BaHalachah 41:7 for explanations given by the Acharonim. Some say that perhaps the halachah is based on people with better vision, and others argue that maybe people living at that time had superior eyesight. As aforementioned, it is possible to conclude that the Chachamim were talking about Jerusalem, at a place where the hills do not block the horizon, and then the sunset is five minutes later, and it turns out that 14 minutes after sunset in Jerusalem is like 19 minutes after sunset in the Shefelah (the lowlands region of Israel).

    Indeed, according to those who maintain that tzeit hakochavim is 19 minutes after sunset in the Shefelah, the sun descends at that time 4.8 degrees below the horizon, and then experts who know where the first stars should be seen in the sky can see three medium-sized stars in the days of Nisan. However, in the summer days, one must wait 22 minutes for that same situation to arise, and in the winter, 21 minutes.

    Some say that three medium stars are actually only visible when the sun descends approximately 6.2 degrees below the horizon, which is 25.5 minutes after sunset during Nisan, 28 minutes at the height of winter (December 22nd), and 29.5 minutes at the height of summer (June 22nd). At that time, most people see three medium-sized stars. Perhaps it somewhat resembles the opinion which maintains that tzeit hakochavim is 19 minutes after sunset in Jerusalem, and at sea level it comes out to approximately 24 minutes after sunset (maybe another minute and a half were added since today eyesight has weakened, or because the abundance of electric lights make it more difficult to see the stars, although perhaps it is truly possible to see the stars slightly before that).

    There are those who are more stringent and maintain that in actuality, most people do not see three stars before the sun descends 7.1 degrees below the horizon, which is around 30 minutes after sunset during Nisan and Tishrei at sea level, and in the summer, approximately 35 minutes. This is what has been said in the name of the Chazon Ish. However, it is difficult to explain the words of these stringent poskim according to the Gemara who allotted that the time it takes to walk three-quarters of a mil to bein hashemashot. Additionally, concerning calculations made in open areas in which there are no lights and electricity, people saw three stars before then. See HaZemanim BaHalachah 47:12; 50:6-7. The additional aspects of this issue require further examination. For example, in Tishrei, even though the duration of the darkening of the skies is similar to Nisan, we see the stars slightly later due to the position of the stars in the skies; and the question is, do we go by the stars or according to the darkness? See Hazemanim BaHalachah, chapter 48.

    All the aforementioned refers to the time of three medium stars. However, so that people will not come to err, the Shulchan Aruch rules that they must wait until three small stars emerge, meaning, another few minutes. Some say that nowadays, since we use clocks, there is no need to wait. See HaZemanim BaHalachah 51, note 3. Nevertheless, even according to those who are stringent l’chatchilah, if one recited Shema after three medium-sized stars emerged, b’dieved he fulfilled his obligation.

    In practice, the prevalent minhag is to start Ma’ariv 20 minutes after sunset, and this is good according to the majority of poskim, as written in many halachic works. At that time, in all places, experts can see three stars, which is when the sun is at 4.8 degrees below the horizon. (Even in the Shefelah in the summer, when the congregation reaches Shema, 22 minutes will have passed.)

    Although it is possible to rely on the opinion of the majority of poskim and recite Shema 20 minutes after sunset, it is better to recite Keriat Shema 30 minutes after sunset. If one recites it before then, it is best that he repeats it after praying, although it is not unnecessary to say the Vayomer paragraph. Despite the fact that according to the Sha’agat Aryeh, remembering the Exodus must also be at the proper time for Keriat Shema, nonetheless, according to the Magen Avraham, it is permissible to mention it before then, at the proper time for Ma’ariv (Mishnah Berurah 235:11). Therefore, when a person recited Shema after 18 minutes following sunset, he need not repeat Vayomer. It is not even so crucial to repeat V’Hayah Im Shamo’a since, according to the majority of poskim, the obligation to recite it is rabbinic.

    L’chatchilah, so as to take into consideration those poskim who are stringent, it is good to set the time of Ma’ariv 30 minutes after sunset. That way, people living in the hills also fulfill their obligation throughout the whole year even according to the stringent opinions (the sun is 7.1 degrees below the horizon), and those in the Shefelah fulfill their obligation the whole year round, according to most opinions (6.2 degrees below the horizon), and most of the year they fulfill their obligation even according to those who are stringent. In order to always fulfill one’s obligation in the Shefelah also according to the stringent opinions, it is necessary to delay the recital of Barchu during the summer by another three minutes so that when the congregation arrives at Keriat Shema, 35 minutes will already have passed.

    The law concerning the emergence of three medium-sized stars is also significant with regard to establishing the time of a circumcision for a baby born at the beginning of Shabbat. If the baby is born after tzeit hakochavim, he must be circumcised on the following Shabbat; and if he is born at bein hashemashot, it is forbidden to circumcise him on Shabbat, and his circumcision is postponed until Sunday. The matter depends on the precise time of tzeit hakochavim is. The Yabia Omer, part 7, Orach Chaim 41:8 rules that 20 minutes after sunset is certainly nighttime, and therefore the baby is circumcised on Shabbat. Shemirat Shabbat Kehilchatah, part 2, 46:45 writes in the name of Rav Auerbach that night begins definitively 25 minutes after sunset. However, the fact that neither opinion makes a distinction between Jerusalem and the Shefelah, and between the different seasons of the year is problematic. The book Otzar HaBrit 9, 5, 7, mentions that there are those who maintain that nighttime officially starts at 24 minutes after sunset, and some say 28 minutes, but that the author himself was taught that it is no less than 32 minutes after sunset. Still, he too, neglects to distinguish between Jerusalem and the Shefelah and the different seasons of the year. It seems best to follow the approach that says that night begins when the sun is 6.2 degrees below the horizon. In Jerusalem that is approximately 20.5-24.5 minutes after sunset, and in the Shefelah, 25.5-29.5 minutes after sunset. It is possible to calculate the exact time with the help of the computer program Chazon Shamayim, based on the secular date, the place of birth of the child according to the lines of longitude and latitude, and the altitude of the location.

    06 – The Time of the Amidah According to the Chachamim and Rabbi Yehudah

    The time of the Ma’ariv prayer was established to correspond to the offering of the organs and fats of the Tamid offering upon the altar. As we already learned (earlier in this book 24:7), the Chachamim and Rabbi Yehudah disagree regarding this matter. According to the Chachamim, the time of Minchah is until night, and the time to pray Ma’ariv starts from tzeit hakochavim. According to Rabbi Yehudah, the time of Minchah ends at plag haminchah, an hour and a quarter before the end of the day, and immediately after that begins the time of Ma’ariv. A person is permitted to choose whether to practice according to the Chachamim or Rabbi Yehudah, on condition that he adheres to one minhag. If he follows Rabbi Yehudah, he must make sure not to pray Minchah after plag haminchah. If he follows the Chachamim, he must make sure to pray Ma’ariv after tzeit hakochavim. However, if a person  prays Minchah after plag haminchah in the opinion of the Chachamim, it is forbidden to pray Ma’ariv before tzeit hakochavim according to Rabbi Yehudah.

    Even though according to Rabbi Yehudah the time to recite Ma’ariv and Birkot Keriat Shema starts at plag haminchah, the time of Keriat Shema itself does not begin until tzeit hakochavim. Therefore, a person praying before tzeit hakochavim must repeat the three paragraphs of Shema after tzeit hakochavim (Shulchan Aruch 235:1).[4]

    L’chatchilah, one may not switch from one ruling to another; instead, everyone must always practice according to one opinion. The prevalent minhag today is to follow the Chachamim. However, in times of need, a person is permitted to change from the Chachamim’s opinion and practice like Rabbi Yehudah. For instance, in the summer, when Shabbat starts late, there are those who wish to accept Shabbat early so that their small children can participate in the prayer service and the meal, and for that reason they pray Ma’ariv like Rabbi Yehudah, before sunset. Similarly, a person who finds himself in a place in which they practice like Rabbi Yehudah, even though he is used to praying Ma’ariv after tzeit hakochavim, it is better that he pray in a minyan like Rabbi Yehudah, instead of observing his minhag and praying individually like the Chachamim.[5]

    [4]. However, the Tosafot write in Berachot 2a that according to Rabbeinu Tam, the time to recite the evening Keriat Shema is the same as the time of Ma’ariv, and according to Rabbi Yehudah, one is permitted to fulfill his obligation from the time of plag haminchah. According to Rabbeinu Yitzchak, it is permissible in extenuating circumstances to be lenient regarding the time of Keriat Shema and to follow the opinions which say that it is a few minutes before tzeit hakochavim. Nonetheless, the remaining Rishonim maintain that the time to recite the evening Keriat Shema is after tzeit hakochavim, and therefore it is necessary to repeat Keriat Shema after tzeit hakochavim, as the Shulchan Aruch 235:1 rules. There is disagreement as to whether it is necessary to repeat the Vayomer paragraph after tzeit hakochavim as well. According to the Magen Avraham, the time to remember the Exodus from Egypt is the same as the time of Ma’ariv and one need not make it up, whereas according to the Sha’agat Aryeh its time is like the time of Keriat Shema and one must make it up (Mishnah Berurah 235:11). Regarding Birkot Keriat Shema, in principal their time is like the time of Keriat Shema. However, in practice, those who follow Rabbi Yehudah normally recite them before tzeit hakochavim and fulfill their obligation, as clarified in the Mishnah Berurah 235:7 and 11, and Sha’ar HaTzion 6.

    [5]. According to the Ra’ah and Meiri, throughout the day a person must practice according to one approach, but each day he may choose a different minhag. According to Talmidei Rabbeinu Yonah, Rashba, and the Rosh, one must always choose to follow one opinion and he is not allowed to switch approaches even from time to time. The Shulchan Aruch 233:1, Mishnah Berurah 6:11 and Kaf HaChaim 9:12 rule that, l’chatchilah, alternating approaches is prohibited, but in times of need, one is permitted to do so (see Mishnah Berurah 267:3).

    07 – The B’dieved Custom Linking Minchah to Ma’ariv Before Its Proper Time

    In some congregations, it was customary to pray Minchah and Ma’ariv, one right after the other, between plag haminchah and tzeit hakochavim. During the time of the Rishonim, this custom was practiced primarily in Ashkenaz, and in the time of the Acharonim, mainly in Spain. Many prominent rabbis questioned this minhag and attempted to abolish it, for it is a custom which contradicts itself; since they prayed Minchah after plag haminchah like the opinion of the Chachamim, it is impossible to pray Ma’ariv at that time like Rabbi Yehudah. Hence, it is proper to arrange Torah learning between Minchah and Ma’ariv, and in that way, the people praying will merit to learn Torah and to fulfill the Ma’ariv prayer in its proper time.

    Nonetheless, the Acharonim instruct that if waiting until after tzeit hakochavim will cause the people to disperse and the Ma’ariv prayer to be cancelled, it is possible to be lenient and recite Ma’ariv immediately after Minchah. Of course, all those praying must repeat Keriat Shema after tzeit hakochavim.[6]

    Concerning an individual who normally prays according to the Chachamim’s approach, namely, Ma’ariv after tzeit hakochavim, and finds himself in a place in which they observe the minhag of extenuating circumstances – Minchah and Ma’ariv one right after the other before tzeit hakochavim – there is disagreement. Some say that it is preferable that the individual prays with them, so that he prays in a minyan. Others say that it is better that he preserves his minhag, prays Minchah with them in the minyan, but prays Ma’ariv individually after tzeit hakochavim.[7]

    [6]. The Tosafot Berachot 2a, Rosh, and Talmidei Rabbeinu Yonah, as well as other Rishonim, question this minhag of praying Ma’ariv before sunset, for it involves two lenient opinions which contradict each other. In practice, to accommodate the needs of the multitude, they ruled leniently, as written in the Mishnah Berurah 233:11, Kaf Hachaim 12, and Yalkut Yosef, part 3, 235:1. However, all agree that Keriat Shema must be recited after tzeit hakochavim. There are two main opinions concerning the proper conduct  in a place where the congregation is praying Ma’ariv before tzeit hakochavim. There are two main opinions concerning how one must practice when in a place in which the congregation is praying Ma’ariv before tzeit hakochavim. According to the Rambam, he recites Birkot Keriat Shema with them and adjoins redemption to prayer, and after tzeit hakochavim he goes back and recites Keriat Shema in order to fulfill the mitzvah. That is how the Shulchan Aruch 235:1 rules. According to Rav Hai Gaon, he only recites Keriat Shema with the congregation so that from Shema he will begin the Amidah together with the minyan. However, Birkot Keriat Shema, as well as Keriat Shema itself (in which he will fulfill his obligation), are recited after tzeit hakochavim. From his opinion it appears that it is better to recite Birkot Keriat Shema with Keriat Shema, after tzeit hakochavim, even though in so doing one does not adjoin redemption to prayer. This is what the Mishnah Berurah 235:12 writes and that is how he himself practiced (see Igrot Moshe Orach Chaim 2:60). According to the Gra, it is always preferable to pray Ma’ariv individually after tzeit hakochavim like the Chachamim rather than to pray with the congregation before tzeit hakochavim like Rabbi Yehudah.

    In a place in which Minchah and Ma’ariv are prayed one right after the other, it is better, if possible, to be careful to recite Minchah before sunset and Ma’ariv after sunset, for some poskim maintain that Ma’ariv time begins at sunset, and that is how the Or L’Tzion, part 2, 15:6, understands the opinion of the Shulchan Aruch. Even according to this opinion, the time of Keriat Shema is after tzeit hakochavim. Nonetheless, the majority of poskim rule that the time of the Ma’ariv prayer according to the Chachamim is, indeed, after tzeit hakochavim. That is what the Mishnah Berurah 233:9 writes.

    [7]. The first opinion is inferred from Kaf HaChaim 233:12. One makes up the three paragraphs of Shema later. The second opinion can be inferred from Sha’ar HaTzion 235:16. However, if one prayed Minchah before plag haminchah he prays Ma’ariv with the minyan and follows one of the two opinions mentioned in the previous note.

    08 – The Final Time to Recite Keriat Shema and the Amidah of Ma’ariv

    Biblically, the time of the Keriat Shema of Ma’ariv lasts the whole night, for it is written, “beshochbecha,” “when you lie down,” and people normally lie on their beds throughout the entire night. However, the Chachamim “created a fence” to this law and established its time until chatzot (halachic midnight), so that a person won’t postpone the recital of Keriat Shema, then fall asleep and miss it. Nevertheless, b’dieved, if the time passed, and he did not recite it before chatzot, he says it with its berachot before amud hashachar (dawn), since biblically, the time to recite it lasts the whole night.[8]

    A person who found himself in circumstances beyond his control and did not recite Shema before amud hashachar has until netz hachamah (sunrise) to do so (these times are clarified earlier in this book 11:2). When reciting Shema after amud hashachar, it is said with three berachot, though without Birkat Hashkiveinu, for since amud hashachar already arrived, it is no longer considered time “to lie down.” Ma’ariv may not be prayed after amud hashachar either, because it was instituted for the night, and after the break of dawn, daytime has already begun (Mishnah Berurah 235:34; Sha’ar HaTzion 41).[9]

    L’chatchilah, it is preferable to recite Shema and pray Ma’ariv immediately after tzeit hakochavim, for those who are expeditious perform mitzvot early. However, someone who is engrossed in Torah study is permitted l’chatchilah to delay his prayer until after his learning, as is done in many yeshivot where it is customary to pray Ma’ariv at the end of the afternoon learning session and not immediately at tzeit hakochavim. Similarly, a person who prefers to pray in a late minyan because he believes he will be able to concentrate better is permitted l’chatchilah to delay his prayer. Obviously it is better to pray in a late minyan rather than to pray individually immediately after tzeit hakochavim.[10]

    [8]. The Mishnah in Berachot 2a states that, according to the Chachamim, the time of Keriat Shema lasts until chatzot, and according to Rabban Gamliel, it is until amud hashachar. In the Gemara 8b, the conclusion is that the halachah follows Rabban Gamliel. That is also how the Rosh and Rashba rule, that it is permissible l’chatchilah to recite Shema until amud hashachar. However, the opinion of the Rif, Rambam, Smag, and the majority of Rishonim is that its time is until chatzot, and only if the time passed and one did not recite it until then, he may recite it until amud hashachar. In such a case the Gemara teaches that the halachah follows Rabban Gamliel (and perhaps that is the opinion of Rabban Gamliel himself). That is how the Shulchan Aruch 235:3 rules. The Bei’ur Halachah supports this opinion. (Regarding the Chachamim’s opinion, the Rishonim disagree: according to Talmidei Rabbeinu Yonah, the Chachamim maintain that one cannot recite Keriat Shema after chatzot, and according to the Smag, b’dieved, it can be recited after chatzot. The Gra explains that the Bavli and the Yerushalmi are divided concerning this. According to the Bavli, the Chachamim maintain that b’dieved one may recite Shema after chatzot, and according to the Yerushalmi, one may not. Additionally, see Beirur Halachah Berachot 2a.)

    The time of the Amidah of Ma’ariv: according to the Derech HaChaim, l’chatchilah, lasts until chatzot, and according to the Pri Megadim, lechatchilah, it is all night. These opinions are cited by the Mishnah Berurah 108:15. (See earlier in this book, chapter 17, note 13, concerning the matter of someone who is traveling and finishes his trip after chatzot.) Or L’Tzion, part 2, 15:9, writes that it is preferable to pray individually before chatzot rather than in a minyan after chatzot.

    [9]. If, because of circumstances beyond his control, one recites the Ma’ariv Shema after amud hashachar, he cannot fulfill his obligation of the daytime Shema before netz that same day, for after treating this time as a time to lie down, he cannot consider it also a time to get up (Shulchan Aruch 58:5; Mishnah Berurah 22). However, there are those who say that after the time of misheyakir he may recite the Shema of Shacharit (Kaf HaChaim 58:21).

    The Mishnah Berurah 235:30 explains that, biblically, it is permissible to recite the Keriat Shema of Ma’ariv until netz; since at that time there are still people lying in their beds, it is called a time of “when you lie down.” However, at amud hashachar, the day already begins, and therefore the Chachamim established not to recite the Shema of Ma’ariv after amud hashachar. Only someone who did not recite the Shema before amud hashachar due to circumstances beyond his control is permitted to recite it until netz. Rav Kook in Tov Ro’i 55 clarifies that, biblically, the time for the nighttime Keriat Shema is until amud hashachar and the Chachamim instituted that one who finds himself in circumstances beyond his control can make it up until netz.

    [10]. The basis for the enhancement to be expeditious can be found in the words of Talmidei Rabbeinu Yonah and is brought by the Shulchan Aruch 235:3 and Mishnah Berurah 26. However, other Rishonim do not mention this enhancement, and according to the Aruch HaShulchan 235:18, there are even those who disagree with it. Therefore, many are not strict to pray Ma’ariv early. See Beit Baruch 34:17.

    09 – Forbidden Activities Prior to Praying Ma’ariv

    It is forbidden to start eating, even a light meal, half an hour before tzeit hakochavim, for perhaps one will continue his meal until he becomes tired and falls asleep. It is also forbidden to drink alcoholic beverages. However, fruits and vegetables may be eaten. Even the consumption of bread or grains in an amount less than a kabeitzah is permissible.[11] If a person began eating before half an hour prior to tzeit hakochavim, since he started to eat when he was permitted to do so, he may continue, provided that he will have enough time after his meal to recite Shema and pray (Mishnah Berurah 235:21).

    If a person began to eat when it was forbidden to do so, he must stop his meal in order to recite Shema, which is a biblical commandment. However, with regard to Birkot Keriat Shema and the Amidah, since they are rabbinic mitzvot, he is permitted to delay their recital until after he finishes eating (Shulchan Aruch 235:2).

    If he asks a friend who is not eating to remind him afterwards to recite Shema and recite the Amidah, he is permitted to begin eating even after tzeit hakochavim in times of need (Mishnah Berurah 235:18). If two people need to eat and did not yet pray Ma’ariv, in times of need they may make an agreement between themselves that they will remind each other to pray Ma’ariv, and in that way, there is no concern that they will forget (see Mishnah Berurah in the introduction of section 669). Likewise, a person who always prays in a certain minyan at a particular time, and knows that he will not forget to pray because the consistency of the minyan serves as his reminder, is permitted in extenuating circumstances to eat before Ma’ariv (see Aruch HaShulchan 232:16).

    In many yeshivot in the summer, dinner is started within the half-hour before tzeit hakochavim, and they rely on the fact that the time of prayer is set and known to all, and that everyone reminds each other to pray Ma’ariv after the meal. Although l’chatchilah it is proper to pray before dinner, nevertheless, it is correct to practice the way many yeshivot do in order to preserve the order of the learning sessions. If the meal is delayed until after praying Ma’ariv, the afternoon learning session will be too long and the evening learning too short, and it will likely cause neglect of Torah study.

    One who must eat before praying and has neither a permanent time to pray nor someone to remind him, may create a reminder to pray. For example, he can set an alarm clock to ring, or he can ask his friend to call him and remind him to pray, and the minute he hears the ring or his friend’s call, he must recite Shema and pray (Halichot Shlomo 2:12). B’dieved, he can tie something to his clothing, so that he cannot take off his clothes before going to sleep without noticing the reminder to recite Shema and pray.

    Similarly, it is forbidden to sleep a regular sleep starting half an hour before tzeit hakochavim. In extenuating circumstances, in the beginning of the evening, when everyone is normally still awake, a person may go to sleep after appointing someone to wake him up before the time to pray (see Aruch HaShulchan 232:17).

    A person who intends to pray Ma’ariv individually may not begin learning after tzeit hakochavim without praying first. However, before tzeit hakochavim, he may start learning even if he intends to continue learning through tzeit hakochavim. If he is accustomed to going to pray in a synagogue in a particular minyan that begins later, he is permitted to start learning in his house after tzeit hakochavim for there is no concern that he will forget his regular schedule (Shulchan Aruch 89:5; Mishnah Berurah 89:30-31; 235:17).

    Some say that all activities prohibited by the Chachamim before Minchah are also forbidden before Ma’ariv, such as a task that will likely last a long time (Rashba; Mishnah Berurah 235:17). Others say that the Chachamim only prohibited starting those types of work before Minchah, because a person is used to working in the afternoon and can get so involved in what he is doing that he will forget to pray. However, in the evening, people do not usually get caught up in their work (Aruch HaShulchan 235:16, as implied from the Rambam and other Rishonim). L’chatchilah, in a situation in which there is concern that he will be tempted to continue working, it is proper to act stringently (see earlier in this book 24:5).

    [11]. Shulchan Aruch 235:2; Mishnah Berurah 235:16; 232:35. The Mishnah Berurah 232:34 explains that it is even permissible to eat cooked food made from grain if one does not intend to become full from it. From this we can learn that if he intends to become full from fruits and vegetables or from food made from legumes, indeed, it is considered a meal that is forbidden before reciting Keriat Shema and praying the Amidah.

    01 – The Passages of the Bedtime Shema

    The Chachamim teach (Berachot 60b), “One who goes to sleep in bed must recite Shema Yisrael until V’Hayah Im Shamo’a, and the blessing Baruch HaMapil Chevlei Sheinah….” Likewise, Rabbi Yehoshua ben Levi says, “Even if a person recited Keriat Shema in the synagogue, it is a mitzvah to recite it [again] on his bed.” Chazal base their words on the verse (Psalms 4:5), “Meditate in your hearts [while] on your beds and be silent” (Berachot 4b).

    Rabbi Yehoshua ben Levi was accustomed to reciting an additional two Psalms before his sleep: “Yoshev B’Seter Elyon” (Psalm 91) and “Hashem Ma Rabu Tzarai” (Psalm 3), which are useful in warding off the evil spirits (Shevuot 15b), and many follow his minhag. Further, throughout the generations, people became accustomed to adding on Psalms, verses, and prayers. Since these are late additions, there are differences between the nusachim of the various ethnic groups. Some say that it is good to recite the paragraph of V’Hayah Im Shamo’a as well, and others maintain that it is best to recite all three paragraphs.[1]

    To summarize, in accordance with the enactment of the Chachamim, it is necessary to recite the paragraph of Shema and Birkat HaMapil before one goes to sleep, but the remaining Psalms are not an obligation. The minhag to recite them became widespread because of the custom of Rabbi Yehoshua ben Levi (see Magen Avraham 239:2).[2]

    There are those who are strict to recite Birkat HaMapil immediately before they sleep, after reciting Shema and all the other verses. However, according to the custom of the kabbalists, Birkat HaMapil precedes Shema and the other verses. One who is concerned that he will fall asleep while reciting the prayers or before concluding them should start with Shema and HaMapil, thereby ensuring that before he falls asleep he recites the passages instituted by Chazal (see Mishnah Berurah 239:2).

    [1]. The Chachamim instituted only the recital of the Shema paragraph before going to sleep, as the Rif (3:1), Rambam, and the Rosh (chapter 1, 6) write. However, in chapter 9, 23, the Rosh brings the opinion of Rabbeinu Chananel who maintains that V’Hayah Im Shamo’a is recited as well. Perhaps Rabbeinu Chananel understood the Gemara’s words “until V’Hayah Im Shamo’a” to mean, including V’Hayah Im Shamo’a. Divrei Chamudot 67 interprets that he is referring to a place in which Ma’ariv is recited before tzeit hakochavim, for there, in order to fulfill the mitzvah of Keriat Shema, it is necessary to recite both paragraphs. Rabbeinu Yerucham (netiv 3, part 2) and Rabbeinu Yonah in Sefer HaYir’ah write that all three paragraphs are recited, for together they contain 248 words, and saying them provides a special protection against harmful forces.

    [2]. It is written in Berachot 5a, “Rav Nachman says, One who is a talmid chacham need not [repeat Keriat Shema before going to sleep] (for his learning protects him). Abayei says that even a talmid chacham must say one verse concerning Hashem’s mercy, such as, ‘Into Your hand I entrust my spirit. You redeem me, Hashem, God of truth’ [(Psalms 31:6)].” The Rif and the Rosh agree that a talmid chacham is not obligated to repeat Shema. However, the Rambam and Shulchan Aruch do not mention this, implying that according to them, a talmid chacham must repeat it as well. Perhaps the source for their opinion is in the Yerushalmi (chapter 1, halachah 1) which discusses talmidei chachamim who were accustomed to reciting Keriat Shema a few times in order to fall asleep while saying Keriat Shema. Nevertheless, regarding the other verses, the recital of which is not obligatory, it seems that a talmid chacham can prefer to fall asleep while learning from a book or while deep in his thoughts. However, Kaf HaChaim 239:1 writes that by reciting the passages of Keriat Shema according to the Ari, a restorative act (tikun) is performed to the world and therefore even a talmid chacham must say them.

    02 – The HaMapil Blessing

    Regarding the recital of HaMapil, some are concerned that perhaps they will not fall asleep and their berachah will have been said in vain. However, in practice, the fact that the Chachamim instituted reciting HaMapil means that they were not concerned about this. The blessing is a thanksgiving berachah to Hashem about sleep, and even for a person who does not succeed in falling asleep, the expression of thanks is not made in vain (Chayei Adam 35:4). Still, l’chatchilah, the Chachamim instituted the recital of this berachah for those who intend to sleep, and therefore one who has no intention of sleeping does not recite HaMapil on that particular night.

    The HaMapil blessing is not recited on daytime sleep, although some say that it is good to say Viyhi No’am before a nap taken during the day (Mishnah Berurah 239:8 and see Bei’ur Halachah “Samuch”). HaMapil is also not recited on a temporary sleep at night. However, sleeping in one’s bed for half an hour or more is considered a regular sleep (Eshel Avraham 239; Beit Baruch 35:10). A person who went to sleep at night after reciting HaMapil, arose later to attend to certain matters, and then went back to sleep, does not repeat the HaMapil blessing, since HaMapil is only recited once a night (Beit Baruch 35:9; Piskei Teshuvot 239:1, note 4). One who fell asleep without reciting HaMapil, and woke up in the middle of the night with the intention to continue sleeping, must recite the berachah before falling asleep again. If he does not wish to get up from his bed and wash his hands, he may rub his hands on his blanket and then recite it (Shulchan Aruch Orach Chaim 4:23; Mishnah Berurah 61; unlike Piskei Teshuvot 239:1 who maintains that washing one’s hands is a requirement).

    There are those who learned, based on the Kabbalah of the Arizal, that only a person who goes to sleep before chatzot (halachic midnight) recites the HaMapil blessing, and whoever goes to sleep after chatzot does not. Hence, many Sephardim are accustomed to reciting HaMapil without Shem u’Malchut (Hashem’s Name) when going to sleep after chatzot (Kaf HaChaim 239:8; see Yechaveh Da’at, part 4, pp. 122-124). However, according to the Ashkenazic minhag and that of some Sephardim, as long as one goes to sleep before amud hashachar, HaMapil is recited.

    03 – Additional Laws

    After reciting Shema and HaMapil, whoever must talk, eat, drink, or tend to an urgent matter is permitted to do so since Birkat HaMapil is unlike Birkot HaNehenin, concerning which it is forbidden to interrupt between the berachah and the pleasure derived. Rather, it is a berachah of praise on the night’s sleep. However, l’chatchilah, it is best to recite the bedtime Shema immediately before sleep (see Rama 239:1; Tzitz Eliezer 7:27; Yechaveh Da’at 4, pp. 118-122; Piskei Teshuvot 239:3; however Mishnah Berurah 239:4 is stringent after HaMapil).

    One may recite the passages of the bedtime Shema while lying down, but he must be careful to lean on his side. There are a number of reasons why the Chachamim prohibited a man to sleep while lying on his back (Mishnah Berurah 239:6). However, before one’s sleep, a man is permitted to read a book while lying on his back and it is unnecessary for him to turn on his side. Only when he is about to fall asleep must he beware of lying on his back (Az Nidberu 6:50).

    The Ba’alei Mussar (Jewish ethicists who composed books of reproof for the nation) wrote that it is good for a person to make a personal accounting (cheshbon nefesh) before sleep. If he remembers sinning, he confesses his sin and takes it upon himself not to sin in that manner again. It is also proper that before going to sleep, every person forgives anyone who sinned against him or caused him harm, so that no one is punished because of him. By doing so, one merits long life (Mishnah Berurah 239:9).

    1 – The Jewish Month

    HaKadosh Baruch Hu created luminaries – the sun and the moon – and placed them in the heavens. They are the means by which we establish the order of time. The sun shines during the day, the moon at night. The order of years is determined by the cycle of the sun, and the months are based on the moon’s. As the Torah states: “God said, Let there be luminaries in the firmament of heaven to separate between the day and the night; and they will be for signs, and for appointed times, and for days and years”(Bereishit, 1:14).

    Every month, the moon makes one orbit around the earth. This cycle is perceivable by the changes in the moon’s appearance. At the beginning of the month, the moon looks like a thin sliver. Gradually, it increases in size until the middle of the month, when it reaches its fullness, appearing as a complete circle. During the second half of the month, the moon wanes, until it completely disappears at the end of the month for approximately twenty-four hours. Afterwards, it reappears as a thin sliver, indicating that a new month has begun.

    A full lunar cycle lasts 29½ days, plus, approximately, another three-quarters of an hour[1]. Since this cycle does not coincide with the earth’s daily rotation around its axis, due to the extra half-a-day, a Jewish month lasts either twenty-nine or thirty days. A 29-day month is called an “incomplete month,” while a 30-day month is called, a “full month.”

    Establishing the beginning of a month is extremely important, for all of our holidays depend on the Hebrew date: Passover commences on the fifteenth of Nisan, Yom Kippur falls out on the tenth of Tishrei, Sukkot begins on the fifteenth of Tishrei, etc. In fact, it is so important that the Torah permits witnesses who see the new moon to violate the Sabbath in order to travel to Jerusalem and give testimony before the Beit Din(Rambam, Kiddush HaChodesh 3:2). The Beit Din (rabbinic court) would sanctify the new month based on their testimony, and then dispatch messengers to inform all of Israel that the new month had begun.

    [1] The exact duration is 29 days, 12 hours, and 793/ 1080 of an hour. The division of an hour into 1080 parts was designed to simplify complex calculations. All of this is explained in the Rambam’sHilchot Kiddush HaChodesh 6:1-3.

    2 – The Authority to Fix the Months was Entrusted to Israel

    A new month does not automatically begin when the moon reappears. Rather, the judges of the Beit Din sanctify the month, as it says, “This month shall be for you” (Shemot, 12:2). HaShem showed Moshe Rabbeinu the configuration of the moon in its renewed state and said, “This testimony shall be given over to you” (Rosh HaShanah 22a). That is, witnesses must come before you (the judges) and testify that they saw the new moon, and you shall sanctify the month based on their testimony[2].

    After Moshe Rabbeinu’s death, the authority to establish the Jewish calendar was conferred upon the high court of every generation, on condition that its judges had received rabbinic ordination (semichah) in an unbroken chain from Moshe Rabbeinu; and with the stipulation that such ordination can only be transmitted in Eretz Yisrael(Rambam, Hilchot Sanhedrin 4). If a time comes when the Jews are unable to fix the months by way of a Beit Din, the halachah states that they must do so using mathematical calculations.

    Thus, even though the lunar cycle is a natural phenomenon, the renewal of the moon does not, by itself, sanctify the month. Rather, the Jewish people consecrate the months, and they cause the holiness within time to be revealed. This explains why our Sages decided to end the central blessing of the Musaf prayer on Rosh Chodesh with the words “Blessed are You, HaShem, Who sanctifies Israel and the beginnings of the months” (Berachot 49a). Perhaps this is also why the first mitzvah the Torah commanded the Jewish people was the mitzvah of sanctifying the new moon (Shemot, 12:2), for this mitzvah displays a facet of Israel’s unique sanctity – our ability to reveal the holiness within time.

    [2] If witnesses who saw the new moon on the night of the thirtieth come before the Beit DinBeit Din the next day, the court would sanctify the month on that day, transforming the thirtieth day of the previous month into the first day of the new month, Rosh Chodesh. They would then immediately offer up the special Rosh Chodesh sacrifices. Consequently, the previous month would become an incomplete one, having only twenty-nine days. If, however, no witnesses arrive on that day (the thirtieth), it is clear that Rosh Chodesh will be the next day – the thirty-first – and the previous month was a full one, consisting of thirty days. In such a case, there is no need for the Beit DinBeit Din to accept witnesses or declare the beginning of the new month, for in any case there are only two possible days on which Rosh Chodesh can fall, and if no witnesses come on the first day, Rosh Chodesh will [automatically] fall out on the next day (Rambam, Hilchot Kiddush HaChodesh 2:8).

    3 – The History of the Sanctification of the Moon

    As a result of Roman persecution, the Jewish settlement in the Holy Land dwindled during the Talmudic period, while the larger community of Jews became ensconsed in Babylonia advanced in all areas. Nonetheless, the Sages of Eretz Yisrael retained the authority to sanctify months and intercalate years, as it says, “For out of Zion will go forth the Torah”(Yeshayahu, 2:3), and they dispatched messengers every month to inform the Jews residing in the Diaspora when the new month began. Only on rare occasions, like during the Beitar revolt, when the situation in the Holy Land was unbearable, and the Sages could not sanctify the months, judges ordained in Eretz Yisrael would leave the Land and journey to a place where the anti-Jewish decrees did not reach, in order to calculate the the months and the years.

    Eventually, the Roman decrees intensified. As a result of Christian influence, decrees were aimed at the Sages in an attempt to stop them from sanctifying the months. During this period, the Rabbis of Eretz Yisrael sometimes had to sanctify a month while they were in hiding, and then inform the Sages of Babylonia by way of a secret letter (see Sanhedrin 12a).

    Towards the end of the Talmudic period, Hillel the Second realized that the rabbinic courts of Eretz Yisrael would no longer be able to sanctify the months. He feared that hardships and evil decrees would lead to the termination of the institution of semichah. As Nasi, Hillel himself had the authority to fix the calendar, for he had inherited the presidency of the high court in a generational chain from Rabbi Yehudah HaNasi. Therefore, he and his fellow judges took the initiative and calculated the months and years forever, consecrated them in advance. Thus, in the year 4119 from creation (359 CE), the Jewish people began to count the months according to the Jewish calendar that Rabbi Hillel HaNasi established. We pray that we will soon be privileged to witness the final redemption, when the Beit Din in Jerusalem will once again sanctify the months.

    The Rambam explains a very important concept, teaching that the sanctification of the months depends on the inhabitants of Eretz Yisrael, even after semichah was abolished. When the Jews of the Holy Land calculate the order of the months based on the fixed formula which Hillel used to establish the calendar, then the months are sanctified. If, however, no Jews lived in Eretz Yisrael, God forbid, the order of the months, along with all the holidays, would cease to exist. The Rambam adds, “God forbid that He should do such a thing, for He has promised us that the remnants of our nation will never be destroyed[3].

    [3] The main idea is taken from the Rambam’s Hilchot Kiddush HaChodesh 5:1-3.

    In Sefer HaMitzvot, Positive Commandment 153, the Rambam writes that the sanctification of the months is entrusted to the highest rabbinic court. The Ramban, however, claims that a Beit DinBeit Din of three will suffice. One could say that there is no argument here, for the Rambam means to say that the months are sanctified by virtue of the foremost court of the generation, [not that they actually have to do it].

    As stated above, the months were sanctified in Eretz Yisrael, and only in dire circumstances did the greatest Rabbis of the generation, who were ordained in Eretz Yisrael, leave the Land in order to sanctify the months without interference from the hostile ruling kingdom. This is derived from a passage in Berachot 63a:

    “When Chanina, R. Yehoshua’s nephew, went down to the Diaspora (after the Beitar revolt), he intercalated years and established months in Chutz LaAretz. [The Rabbis of Eretz Yisrael] sent two Torah scholars after him – R. Yosi ben Kippar and the grandson of Zechariyah ben Kevutal. When he saw them, he said, ‘Why have you come?’ They replied, ‘We have come to learn Torah.’ He proclaimed, ‘These men are [among] the greatest Rabbis of the generation, and their forefathers served in the Holy Temple…’ He began declaring [things] impure while they declared [them] pure. He forbade [certain acts] and they permitted [them]. [So] he announced, ‘These men are worthless; they are empty.’ They said to him, ‘You already built [us] up; you can no longer knock [us] down. You already built a fence; you can no longer breach it.’ He responded, ‘Why is it that whenever I declare [something] impure you declare [it] pure; whenever I forbid [something] you permit [it]?’ They answered, ‘Because you are intercalating years and establishing months outside the Land of Israel.’ He said, ‘Didn’t Akiva ben Yosef intercalate years and establish months in Chutz LaAretz?’ They replied, ‘Leave aside [the case of] Rabbi Akiva, for he did not leave behind anyone like him in Eretz Yisrael.’ He said to them, ‘I, too, left no one behind like me in Eretz Yisrael.’ They answered, ‘The kid-goats you left behind have become he-goats with horns, and they sent us to you, and this is what they told us, ‘Go, tell him in our names [to desist]. If he listens – fine. But if he does not – excommunicate him. And tell our brethren in the Diaspora [to desist as well]. If they listen – fine. But if not – let them go up to the mountain, [where] Achiyah will build an altar and Chananyah will play the harp, and everyone will deny [God], saying, “We have no portion in the God of Israel.’ [Upon hearing this], the entire congregation immediately burst into tears and said, ‘God forbid! We do have a portion in the God of Israel.’ And why all the fuss [not to establish the calendar in Chutz LaAretz]? Because it says, ‘For out of Zion will go forth the Torah, and the word of the Lord from Jerusalem’ (Yeshayahu 2:3).”

    We stated above that when no ordained Rabbis exist, the months are sanctified by way of mathematical calculations. According to the Rambam, this is a halachah l’Moshe m’Sinai (a law given over to Moshe, by God, at Mt. Sinai). This is why he does not mention Rabbi Hillel HaNasi [in his discussion on the topic]. The Ramban, on the other hand, writes that there is no source for such a halachah l’Moshe m’Sinai. Rather, the truth is that in our times, as well, the months are sanctified by ordained Rabbis – that is, based on Rabbi Hillel’s calculations. Consequently, the Ramban does not require that there be Jews living in Eretz Yisrael so that the calculations can apply to them, for he holds that the months are not established based on the calculations of those currently living in Eretz Yisrael, rather, upon Rabbi Hillel’s ancient calculations. See Aruch HaShulchan 417:7.

    4 – Rosh Chodesh – One Day or Two?

    When a month is incomplete (29 days), the following Rosh Chodesh is one day. When it is full (30 days), the following Rosh Chodesh lasts two days, the first day being the thirtieth of the previous month, and the second day being the first of the next month. Even though the second day is the main part of Rosh Chodesh – seeing that it is the first day of the month, from which we count the subsequent days of the month – nevertheless, all the laws of Rosh Chodesh apply to the first day, as well. We add the Additional Musaf Prayer , we recite Hallel, and we insert Ya’aleh VeYavo into our Amidah Prayers and Grace After Meals. One who forgot to say Ya’aleh VeYavo in Shacharit or Minchah must repeat the Shemoneh Esrei. Several explanations have been given for the practice of keeping two days of Rosh Chodesh; see the footnote[4].

    [4]Seemingly, one could ask: Rosh Chodesh means the first day of month; why then is the thirtieth day of a full month also considered Rosh Chodesh? The Shibolei HaLeket (168) quoting Rabbeinu Shlomo and the Rid (the earlier R. Yeshayah), as well as the author of Birkei Yosef (427), explain that when a month is full, the new moon appears in the middle of the thirtieth day (after 29½ days). Therefore, even though the next day will be the first of the month (in order to balance out the months, as explained above – 1.1), nonetheless, it is fitting to also treat the day on which the moon reappears as Rosh Chodesh. This is why we keep two days of Rosh Chodesh.

    The Tashbetz (3:244) writes that the Jews in ancient times used to refrain from work, and prepare festive meals in honor of Rosh Chodesh, and they would begin doing so already on the thirtieth day of the month, in the event that witnesses arrive and the Beit Din declares that day the first of the month. And if no one came to testify, they treated the next day as Rosh Chodesh as well. Thus, whenever a month was full, they kept two days of Rosh Chodesh (similar to Rosh HaShanah). Even though the Musaf sacrifices were offered up exclusively on the first of the month, these two explanations indicate that both days are holy, and we therefore say Hallel, Musaf, and Ya’aleh VeYavo on both days.

    Rabbi Zevin writes in LeOr HaHalachah (in an essay on Rosh Chodesh) that according to Rashi and the Shiltei Giborim (Rosh HaShanah, chap. 1), Jews used to keep one day of Rosh Chodesh on a full month, while the Or Zarua (vol. 2, Hilchot Rosh Chodesh) and the Maharsha (Bava Metzia 59b) maintain that they kept two days.

    These authorities also disagree on how to interpret a verse in the First Book of Shmuel (20:27): ויהי ממחרת החדש השני. The Tashbetz and Rabbeinu Yeshayah understand it as a reference to the second day of Rosh Chodesh, while Rashi, and the Radak, say that it refers to the day after Rosh Chodesh, a regular day.

    Some say that we observe two days because we are unsure which day is truly Rosh Chodesh. This opinion, however, has been rejected. Therefore, one who forgets to recite Ya’aleh VeYavo in Shacharit or Minchah, on either day, must repeat the Shemoneh Esrei. See Sefer Rosh Chodesh, ch. 10, note 4.

    5 – The Status of Rosh Chodesh in the Torah

    The Torah lists Rosh Chodesh together with all the other holidays on which we offer additional sacrifices (Musafim) in honor of the day’s sanctity. Chazal derive from a verse in Eichah(1:15) that Rosh Chodesh is also called mo’ed (an appointed time) like all the other holidays (Pesachim 77a). In Temple times, they used to blow trumpets on Rosh Chodesh, as it says, “On the day of your gladness, and on your appointed times, and on the beginnings of your months, you shall sound the trumpets over your burnt offerings and over the sacrifices of your peace offerings”(Bamidbar, 10:10).

    Because of the sanctity of Rosh Chodesh, a custom developed to go out and greet one’s Rabbi, similar to the custom on the Sabbath to say “Shabbat Shalom” to the Rabbi of one’s shul. ( Melachim 2, 4:23, Rosh HaShanah 16b, Bi’ur Halachah 301:4). There is also a custom to prepare festive meals on Rosh Chodesh(cf. Shmuel 1, ch. 20).

    A wonderful expression is used by the Torah when describing the goat that was sacrificed on Rosh Chodesh, calling it “a sin offering for the Lord”(Bamidbar, 28:15). The Talmud (Chulin 60b) explains that in the beginning, God created two great luminaries in the sky, the sun and the moon. The moon, however, made a claim to the Master of the World: “How can two kings share the same crown?” hoping that HaShem would diminish the sun so that it, the moon, could reign supreme. God, however, said to the moon, “Go and reduce yourself.” It replied, “Because I made a justified claim before You, I should reduce myself?” God consoled the moon by saying that the Jews would reckon the months according to its cycle, and that the righteous would be called by its name. But the moon was not consoled, so the Holy One Blessed Be He said, “Bring an atonement for Me, for I diminished the moon.” This is why it says, “And one kid of the goats for a sin offering for the Lord.“[5].

    This contains a very profound concept. On a simple level, the moon’s reduction symbolizes the deficiencies that exist in creation, including the descent that the soul undergoes when it arrives in this world, and all the failures that man experiences during his lifetime. All these failures and deficiencies are prerequisites for subsequent growth, because coping with hardships helps one reach higher heights in the end, as R. Abahu says, “The purely righteous cannot stand where penitents stand” (Berachot 34b). In the meantime, people commit sins which cause great pain in the world. So, in order to relieve the pain and repair the flaws, HaKadosh Baruch Hu commanded us to sacrifice a goat as a sin offering. This is the purpose of Rosh Chodesh, to show us how a new beginning sprouts from the moon’s reduction, which happened as a result of sin and indictment. Therefore, Rosh Chodesh is a good time for repentance, new beginnings, and profound joy. However, until the world is redeemed from all its deficiencies, the joy of Rosh Chodesh is not completely revealed (see also below, sec. 15-16).

    [5] A goat was brought as a sin offering on all the holidays, but no where else does it say, “a sin offering for the Lord.” The other musaf (additional) sacrifices offered on Rosh Chodesh were two bullocks, one ram, and seven sheep as a wholly-burnt offering (Bamidbar, 28:11).

    6 – Festive Meals on Rosh Chodesh and the Prohibition to Fast or Grieve

    Rosh Chodesh is among the holidays on which it is appropriate to rejoice. However, there is no explicit commandment to rejoice on Rosh Chodesh by partaking in festive meals. While it is meritorious to have special meals on the day, one is not obligated to do so (Shulchan Aruch, Orach Chaim 419:1).

    Nevertheless, it is forbidden to grieve on Rosh Chodesh, and one may not fast on the day (ibid. 418:1). Anyone who refrains from eating on Rosh Chodesh, even for a short period of time, with intention to fast, commits a transgression. But if, by chance, one did not manage to eat for several hours, this is not considered a fast (Bi’ur Halachah 418, s.v. assur; Kaf HaChaim 3). According to the letter of the law, a person who ate only fruits on Rosh Chodesh is not considered as one who has fasted and transgressed a prohibition; rather, he simply failed to fulfill the mitzvah of enjoying festive meals on the day[6].

    The main way to fulfill this mitzvah is by adding a special dish to one’s regular menu in honor of Rosh Chodesh,. even when Rosh Chodesh coincides with Shabbat(Mishna Berura 418:2, 419:1-2).

    Even though one is not obligated to eat bread at a Rosh Chodesh meal, it is a mitzvah to do so (Sha’ar HaTziyun 419:1).

    It is proper to set the table respectfully for a Rosh Chodesh meal. Some are meticulous about eating meat and drinking wine to celebrate the occasion.

    When Rosh Chodesh lasts two days, there is a mitzvah to prepare festive meals on both days. This mitzvah is fulfilled mainly during the day, but some say that there is a mitzvah to eat larger meals at night, as well[7].

    One is forbidden to do things on Rosh Chodesh that evoke sorrow. Therefore, eulogies are forbidden on Rosh Chodesh. If, however, the deceased was a Torah scholar, we eulogize him, but only if the body is present (Shulchan Aruch, Orach Chaim 420:1, with Mishna Berura; Yoreh De’ah 401:5).

    Similarly, the custom is not to visit cemeteries on Rosh Chodesh. Therefore, if the anniversary of death (yahrtzeit) or the end of sheloshim (the first thirty days after death) coincides with Rosh Chodesh, the friends and relatives of the deceased should visit the grave on the day before Rosh Chodesh. And if that is impossible, they should go after Rosh Chodesh. One is permitted to visit graves of righteous Tzaddikim on Rosh Chodesh because this does not evoke sorrow.

    A bride and groom who follow the custom of fasting on their wedding day (Ashkenazim and some Sefardim) should not fast if their wedding takes place on Rosh Chodesh(Shulchan Aruch 573:1)[8].

    [6]Rashi states in Ta’anit (15b), “Even though it is called a mo’ed (appointed festival), [the Torah] does not call it a day of feasting and joy.” The Rosh (Berachot 7:23) concurs, stating that we do not insert the word simchah (joy) into the corrective blessing for Grace After Meals on Rosh Chodesh (see below note 14). In contrast, the author of Sefer Yirei’im (227) writes, “One is obligated to rejoice on Rosh Chodesh,” albeit one is not obligated to eat bread at the meal, because one can satisfy the requirement of joy by eating meat and drinking wine. The final halachah remains as stated above.
    The Rambam holds that the prohibition of fasting on Rosh Chodesh is derived from the Torah, while the Beit Yosef (418) maintains that it is a Rabbinic decree. Pious individuals have a custom to fast on two specific Rosh Chodesh days –the first of Nisan, when Aharon’s sons were stricken, and the first of Av, when Aharon died (Shulchan Aruch 580:2). The Rama comments (ibid. 580:1) that one should not fast an entire Rosh Chodesh, rather he should eat before the stars emerge. A regular person should not accept upon himself to fast on these days of Rosh Chodesh. See Sefer Rosh Chodesh 14:13-14.

    [7] The custom to embellish the mitzvah by setting the table respectfully is cited in Ben Ish Chai (Shanah bet, VaYikra 10) and Kaf HaChaim (419:5). Eating meat and drinking wine is also an embellishment in honor of Rosh Chodesh. According to Sefer Yirei’im, however, it is an actual mitzvah, as mentioned in the previous note. This is why most Sefardic Jews refrain from eating meat and drinking wine only from the second day of the month of Av, in order to uphold the honor of Rosh Chodesh. The Ashkenazi custom is to refrain from meat and wine on Rosh Chodesh Av, as well (see below 8:13). Also see Sefer Rosh Chodesh, ch. 12.
    The Mishna Berura (419:2) writes that there is no need to have a festive meal on Rosh Chodesh night, but the Rama of Panow (79), and the Eshel Avraham of Buchach, maintain that there is a mitzvah to do so.

    [8] According to the Rama (573:1) and the Mishna Berura (ibid. 9), they should fast on Rosh Chodesh Nisan, because the pious have a custom to fast on that day. The Pri Megadim maintains that one who does not usually fast on Rosh Chodesh Nisan should not do so on his or her wedding day. See Sefer Rosh Chodesh 14:19. In footnote 39 (ibid.), the author discusses the case of a wedding that takes place on the [first] night of Rosh Chodesh [when the bride and groom surely fast during the day prior to the wedding]. He explains that according to the Aruch HaShulchan (Even HaEzer 61:21), who holds that brides and grooms fast in order to ensure that they are not drunk at their wedding, they should continue fasting until after the chuppah, even though this will mean that they are entering Rosh Chodesh in an afflicted state. The Kitzur Shulchan Aruch (146:1), on the other hand, maintains that brides and grooms always fast only until nightfall, because the purpose of the fast is to procure atonement.
    For more on visiting graves, see Yalkut Yosef 418:6-7, P’nei Baruch 37:10, and Sefer Rosh Chodesh 14:24.

    7 – The Custom of Women Refraining from Work on Rosh Chodesh

    It is permissible to do work on Rosh Chodesh. Ideally, though, one should not work on Rosh Chodesh, similar to the law regarding Chol HaMo’ed. The holier the day, the more it is designated for spiritual endeavors, and the more one should refrain from working. Thus, all work is forbidden on Shabbat, because it is the holiest day. Work is also forbidden on Yom Tov, a level below Shabbat, but one is permitted to do things necessary for the preparation of food. Chol HaMo’ed is the following level, when only certain acts are forbidden. Rosh Chodesh should rightfully be on par with Chol HaMo’ed, but since the Twelve Tribes sinned in the episode of the Golden Calf, Israel lost, correspondingly, the special quality of the twelve Roshei Chodeshim of the year. Women, however, did not participate in the sin of the Calf, refusing to contribute their nose-rings towards its creation. Therefore, God gave them reward in this world – “They keep Rosh Chodesh more than the men do” – and in the World to Come, for they will eventually regain their youthfulness, like the moon which renews itself every month, as it says, “Who satisfies your ornament with goodness, so that your youth is renewed like the eagle” (Tehillim 103:5. SeePirkei DeRebbe Eliezer 45). As a result, women experience more of the sanctity of Rosh Chodesh; and they have adopted the custom not to do work on the day. [9].

    When the Temple stood and the kohanim offered Musaf sacrifices, some men also had the custom to refrain from doing major work on Rosh Chodesh. But their custom has no binding force, because men committed the sin of the Calf. Women, on the other hand, who did not sin, have more of a connection to the sanctity of Rosh Chodesh and their custom has validity.

    Therefore, every woman must refrain from doing some type of work on Rosh Chodesh – knitting, for example – in order to differentiate between Rosh Chodesh and an ordinary day. It goes without saying that she may not plan to do any big jobs on Rosh Chodesh.

    Meticulous women refrain from doing any type of work that is forbidden on Chol HaMo’ed. This includes sewing, knitting, and fixing things in the house. Cooking, baking, and ironing, however, are permitted, as they are on Chol HaMo’ed. Washing clothing in a washing machine is also permitted, because it entails almost no effort. If the clothes are needed for Rosh Chodesh itself, one may wash them even by hand. A woman who works for a living is permitted to do so on Rosh Chodesh, even if she generally adopts the customs of the meticulous, for if she misses work regularly on Rosh Chodesh, she might lose her job. And even if there is no concern of being fired, she may go to work if she needs the money, or if her absence will cause damage to her employer[10].

    [9] This is how Pirkei DeRebbe Eliezer (45), the Tur (Orach Chayim 417), the Perishah (ibid. 1), and the Darkei Moshe (ibid. 1), quoting the Or Zaru’a, explain the issue. See Sefer Rosh Chodesh, beginning of ch. 11, where the author recounts all the reasons given for this matter. R. Chayim Vital explains in Sha’ar HaKavanot (76b) that women correspond to [the sefirah of] Malchut (Kingship) and the moon, which renew themselves, while men correspond to Tiferet (Splendor), which does not. Furthermore, Malchut undergoes a decline, from which it can reach even higher than Tiferet. A hint for this is “A virtuous woman is the crown of her husband” (Mishle, 12:4).

    [10] The Tur and Beit Yosef (Orach Chaim 417) explain that the main source for this custom is a Yerushalmi (Ta’anit 1:6): “Those women who are accustomed not to work on Rosh Chodesh – it is a custom.” According to Rabbeinu Yerucham, a woman who never had such a custom need not take it on. However, the Bi’ur Halachah (417, s.v. ve’hanashim) writes that most Rishonim hold that all women must keep this custom, but they can satisfy their obligation by refraining from some type of work. If, however, they have a more stringent custom, forbidding additional types of work, their custom is binding. Indeed, there are those who act more stringently, and I referred to them as “meticulous ones.” The Eshel Avraham of Buchach says that even the meticulous ones should not treat Rosh Chodesh more stringently than they do Chol HaMo’ed. Therefore, washing clothes for the sake of Rosh Chodesh is permitted, because the reason for the prohibition on Chol HaMo’ed is only to ensure that people wash their clothes in anticipation of the holiday. Regarding washing machines: Sefer Rosh Chodesh(11:7) writes that there are those who are stringent, but that R. Shlomo Zalman Orbach permits it, because it involves no effort.The Aruch HaShulchan (417:10) writes that a woman is allowed to work on Rosh Chodesh in order to make a living, and that such is the prevalent custom. The author of Hilchot Chagim (1:5) agrees. This can be derived from a kal va’chomer (a fortiori): If she is liable to lose her job, or if she needs that day’s wages desperately, she is permitted to work even on Chol HaMo’ed, all the more so on Rosh Chodesh. If she can easily forgo working that day, then the meticulous ones act stringently. It seems to me that even meticulous women act leniently when it comes to writing for other than work-related purposes [even though this is generally prohibited on Chol HaMo’ed].

    According to the Shibolei HaLeket, when Rosh Chodesh is two days long, the custom for women not to work applies only on the second day, which is the first of the new month. The Roke’ach holds that it applies both days. The author of Mor U’Ketziah maintains that the custom takes effect only during the day of Rosh Chodesh, not at night. It seems to me that women keep this custom at night, as well. See Mishna Berura (417:4), Bi’ur Halachah (end of 417), and Sefer Rosh Chodesh (11:8-9).

    The Bi’ur Halachah (417, s.v. minhag tov) writes in the name of the Bach that a husband may not demand that his wife work on Rosh Chodesh, but she is permitted to do work if she pleases. As stated above, most poskim agree that a woman should, in any event, refrain from some form of work. Clearly, since a woman has a mitzvah to refrain from work, even though it is not obligatory, her husband cannot demand that she do work on Rosh Chodesh, except housework, like cooking.

    The Chida, in Yosef Ometz (20), cites Rishonim who hold that men, as well, had a custom not to work on Rosh Chodesh, and he explains that this custom developed because they used to bow before God in the Holy Temple. The Turei Even (on Tractate Megillah) claims that the custom was based on the musaf sacrifices that were offered in the Temple on Rosh Chodesh. Either way, most poskim believe that this custom has no binding force, as the Mishna Berura writes in 417:2.

    8 – Shabbat Mevarchim (Blessing the New Month)

    On the Shabbat before Rosh Chodesh, the custom is to announce the day or days on which the new month will fall, and to pray that “HaKadosh Baruch Hu renew it for us and all of Israel for goodness and blessing.” In a certain way, this also commemorates the sanctification of the new moon that the Beit Din used to perform. Therefore, the custom is to announce the exact time at which the new moon will appear (the molad). This is also why we stand during the ceremony, because the people used to stand before the Beit Din when it performed the mitzvah of Kiddush HaChodesh. There is only one Rosh Chodesh before which we do not bless the new month – Tishrei, because Rosh Chodesh Tishrei is also the holiday of Rosh HaShanah, and everyone knows that it’s coming[11].

    We announce the coming of the new month specifically on Shabbat because that is when the entire congregation is gathered in the synagogue, and everyone will hear when Rosh Chodesh is slated to fall. Furthermore, all the days of the week receive blessing from Shabbat, and even the sanctity of Rosh Chodesh flows from the Shabbat that precedes it. Therefore, we bless the new month on that day. This is why we begin to feel on that Shabbat the festiveness of the forthcoming Rosh Chodesh[12].

    [11]Mishna Berura 417:1; Igrot Moshe, Orach Chaim 1:142; Sefer Rosh Chodesh 1:1-9. In notes 4-8 [of the last source], the author quotes the Yera’im, the Shibolei HaLeket, and the Or Zaru’a who say that the reason for Birkat HaChodesh is in order to let people know when Rosh Chodesh will be. The Ra’avyah writes that it is in commemoration of the Kiddush HaChodesh ceremony. For this reason, some communities give the Rabbi the honor of blessing the new moon (Sefer Rosh Chodesh 1:7). What I wrote concerning Tishrei is found in Sha’ar HaTziyun 417:2. For alternative reasons, see Sefer Rosh Chodesh 1:25. Some communities do not bless the month of Av, because of the calamities that occurred during that month, but the prevalent custom is to bless it. So explains Rav Kook, in Olat Re’iyah, vol. 2, p. 121, and Sefer Rosh Chodesh 1:27.

    [12] This is why Ashkenazim refrain from saying memorial prayers for the dead on Shabbat Mevarchim (Rama, Orach Chaim 284:7, Mishna Berura 284:17). They even omit the Av HaRachamim prayer, which is said in memory of those killed in sanctification of God’s name [during the Crusades]. The only exceptions are the two Sabbaths prior to Rosh ChodeshIyar and Sivan, because the holy martyrs were killed [mainly] during these two months. My teacher and rabbi, Rav Tzvi Yehudah HaKohen Kook, used to recite Av HaRachamim even on [an ordinary] Shabbat Mevarchim. He held that after the Holocaust it should be said on every Shabbat, just like it is said before Rosh ChodeshIyar and Sivan.

    9 – A Time of Atonement and Yom Kippur Katan

    Rosh Chodesh is a time of atonement, as we say in the Musaf prayer, “A time of atonement for all [the Jewish people’s] offspring.” In addition, when the Temple stood, a he-goat would be sacrificed as a sin offering.

    In order to make this atonement complete, pious Jews customarily repent in preparation for Rosh Chodesh. Some people fast on the eve of Rosh Chodesh and recite special “Yom Kippur Katan” prayers prior to the Mincha service. The day before Rosh Chodesh is called “Yom Kippur Katan” ( Minor Day of Atonement) because it is a time to atone for the sins of the previous month, just as Yom Kippur is a time to atone for the sins of the previous year (see Mishna Berura 417:4, Kaf HaChaim 10-21). Nowadays, few people follow the custom of fasting; instead, one should study more Torah and give extra charity.

    10 – Ya’aleh VeYavo in Shemoneh Esrei

    The unique nature of Rosh Chodesh finds expression in our prayers. After all, Chazal instituted our prayers in place of the sacrifices, and the Torah commands us to offer a musaf sacrifice on Rosh Chodesh. Therefore, the Rabbis prescribed that we recite the Ya’aleh VeYavo prayer, in which we beseech God to remember us for good on Rosh Chodesh. They inserted it in the blessing of “Retzeh” because that is where we ask God to restore the Divine service to the Holy Temple, and that is an appropriate place to mention Rosh Chodesh, for once the Divine service is restored, we will be able to actually offer the musaf of Rosh Chodesh. One who forgets to say Ya’aleh VeYavo in Shacharit or Mincha must repeat the Shemoneh Esrei(Shabbat 24a).

    If one remembers immediately after completing the blessing of Retzeh, he should insert Ya’aleh VeYavo there, and then continue with Modim. If one already began Modim, but remembered before moving his feet back at the end of Shemoneh Esrei, he should return to the beginning of Retzeh and continue from there until the end. The preceding is true only regarding Shacharit and Mincha, but if one forgot to say Ya’aleh VeYavo in Ma’ariv, he does not go back, unless he remembers before saying God’s name at the conclusion of Retzeh. The reason Ma’ariv is different is that the Beit Din did not sanctify the new moon at night. Thus, even though one should, ideally, say Ya’aleh VeYavo in Ma’ariv, he does not repeat the Shemoneh Esrei, or even just one blessing, in order to say it (Berachot 29b, 30b; Shulchan Aruch, Orach Chaim 422:1)[13].

    [13] If one is unsure whether or not he said Ya’aleh VeYavo in Shacharit or Mincha, he probably did not, and he must pray again. However, if he had in mind, in the middle of his prayers, to add Ya’aleh VeYavo, but a doubt arose later on as to whether or not he actually did so, he can assume that he said it, and he need not pray again (Mishna Berura 422:10). One who forgot to say Ya’aleh VeYavo in the final Mincha service of Rosh Chodesh should recite Shemoneh Esrei twice in Ma’ariv, stipulating that if he is not obligated to pray twice his second prayer should be considered a voluntary one (Shulchan Aruch 108:11; Peninei Halachah on Prayer, 18:10).

    Customarily, the gabbai (sexton) calls out, “Rosh Chodesh” or “Ya’aleh VeYavo” prior to the Silent Prayer of Ma’ariv (Shulchan Aruch 236:2). In Shacharit, however, one may not interrupt between the blessing of Geulah (Redemption) and the Silent Prayer. Therefore, the custom is to bang on the podium twice, and the congregants understand this to be a reminder to insert Ya’aleh VeYavo. In addition, some have a custom to raise their voices a bit when they reach the words Ya’aleh VeYavo in their private prayers to remind others to say it (Shiyurei Knesset HaGedolah). See Sefer Rosh Chodesh 4:2. Another suggestion is for the leader to end the blessing of Ga’al Yisrael in a Rosh-Chodesh tune, in order to remind the people to say Ya’aleh VeYavo.

    12 – Hallel on Rosh Chodesh

    There is a widespread custom to recite Hallel on Rosh Chodesh. Indeed, according to the letter of the law, there is no obligation to do so, because Hallel is required only on days that are called mo’ed (appointed times), and when work is prohibited. Rosh Chodesh is called a mo’ed, but work is permitted on the day. Still, the Jewish people have accepted the practice of saying Hallel on Rosh Chodesh, in order to give expression to the sanctity of the day, which is capable of elevating one to the level of singing God’s praises. To make it clear that the Hallel of Rosh Chodesh is based on custom, and not obligatory, we omit two paragraphs that are said when reciting the complete Hallel (the complete Hallel consists of chapters 113-118 of Tehillim, and we skip 115:1-11 and 116:1-11).

    The Rishonim argue about the blessing. The Rambam and Rashi hold that no blessing is said over the Rosh Chodesh Hallel, since it is only based on a custom, and we do not recite blessings upon the fulfillment of customs. Rabbeinu Tam, the Rosh, and the Ran, however, maintain that we do make blessings over important customs, such as reciting the Hallel. In practice, the Ashkenazi custom is to recite a blessing, even if one says the Hallel in private. The Sefardim who come from Eretz Yisrael and its surroundings never say a blessing on this Hallel. The custom of most North African Sefardim is that the cantor recites the blessing – both before and after Hallel – aloud, in order to absolve the congregation of their obligation. But one who prays alone does not recite a blessing. Each person should continue to follow his custom.

    One should try to say Hallel with a minyan. According to many poskim, one who comes late to services and finds the congregation saying Hallel should say it with them, and only afterwards begin Pesukei DeZimrah(Mishna Berura 422:16 and Yalkut Yosef 422:8; the Kaf HaChaim [422:38], however, cites the Ari as saying that one should not pray out of order)[16].

    [16] The issue of Hallel on Rosh Chodesh is elucidated in Arachin 10b, Ta’anit 28b, Tosafot ibid., and TosafotBerachot 14a. See Sefer Rosh Chodesh, chap. 6, sections 1-6 and 20, with notes. Notes 2 and 27, there, explain the reason for the custom. There is another type of obligatory Hallel, which is not dependent on the sanctity of a day, rather on a salvation, like the one said on Chanukah. See below 4:6 and 11:8.

    Practically speaking, most Rishonim hold that one should say a blessing on this Hallel, including Behag, Ritz Giat, Ra’avad, Rabbeinu Tam, Rosh, and Ran. Rav Hai Gaon, Rabbeinu Chananel, and Talmidei Rabbeinu Yonah maintain that one recites a blessing when saying it in public, but not in private. See Beit Yosef and Shulchan Aruch 422:2. Indeed, as the Shulchan Aruch writes, the Jews living around Eretz Yisrael were accustomed to saying it without a blessing, but the Jews of Spain recited the blessing (Ran, Maggid Mishna). The Rama (422:2) writes that the custom is to say a blessing, even when reciting Hallel alone, but that it is preferable to say it with a minyan, in order to satisfy those [authorities] who hold that one says the blessing only in public.

    Until recently, several Sefardic communities, like Morocco, Tunisia, and Turkey, followed the custom in which the cantor says the blessings – before and after Hallel – aloud, and the congregation answers, “Amen,” thus discharging their obligation; while those who pray privately omit the blessings. In his Tevu’ot Shemesh (Orach Chaim 68), RavMashash determined this to be the practical halachah, and he himself would recite the blessing in an undertone, along with the cantor. This is also the opinion of R. Moshe Kalfon HaKohen, av Beit Din of Djerba, in Brit Kehunah (Orach Chaim 200:5); Sho’el VeNish’al (2:60); R. Chayim Palagi in Kaf HaChaim (end of 33); the authors of Shalmei Chagigah (p. 224); Chesed LeAlafim (422:2); Sha’ar HaMefa’ked; and Responsa Mikveh HaMayim (3:24). Every community should continue following its own custom.

    When people from various ethnic groups pray together, even if the cantor’s custom is to skip the blessing, it is proper for one of the participants, who usually says a blessing, to say the blessing out loud and have in mind to absolve those who do not say a blessing of their obligation. This way, the congregants will satisfy the opinion of the many poskim who hold that one is required to say a blessing, and at the same time avoid the concern of making a blessing in vain. (See Yechaveh Da’at 4:31, where the author is apprehensive about answering “Amen” to this blessing, for it may be in vain. However, many authorities hold that one need not worry about answering “Amen” to someone who makes a blessing in accordance with his ancestors’ custom, which is based on the viewpoint of prominent poskim. I also heard this from HaRavHaGaon Mordechai Eliyahu, of blessed memory.)

    According to all opinions, one should try to say Hallel with a congregation. Hence, it is better to say it with a minyan before prayers than to say it alone afterwards. This is the opinion of Rabbeinu Peretz, as cited in the Beit Yosef (422:2). Many Acharonim quote this as well, as we stated above, and as the author of Sefer Rosh Chodesh writes (chap. 23, n. 44). According to the Kaf HaChaim (422:38), one should not change the order of the prayers.

    11 -Ya’aleh VeYavo in Grace After Meals

    One must say Ya’aleh VeYavo in Birkat HaMazone (Grace after Meals), as well. Even though one is not obligated to eat a meal on Rosh Chodesh, one must mention it when reciting Birkat HaMazone because of the importance of the day, which requires additional sacrifices (Shabbat 24a with Tosafot). Ya’aleh VeYavo is inserted in the blessing of Rachem, because both are prayers of supplication.

    If one forgot to say Ya’aleh VeYavo in Birkat HaMazone, he need not repeat the prayer because one who forgets to mention the sanctity of a particular day must repeat Birkat HaMazone only on days when there is an obligation to eat a meal with bread, like Shabbat and Yom Tov. On Rosh Chodesh and Chol HaMoed, however, one is not obligated to eat such a meal. Therefore, from the perspective of the sanctity of the day, one need not recite Birkat HaMazone. Consequently, if one accidentally omitted Ya’aleh VaYavo, he need not repeat it. (Shulchan Aruch 424:1)[14].

    One who began a meal on Rosh Chodesh, and managed to eat a kezayit (olive-size) of bread before sunset, must say Ya’aleh VeYavo in Birkat HaMazone, even if he continued eating long after nightfall (“when the stars emerge”), because the meal began on Rosh Chodesh(Shulchan Aruch 188:10; some argue, see Kaf HaChaim 43).

    If one began to eat on the eve of Rosh Chodesh, and finished his meal after nightfall, he must say Ya’aleh VeYavo, provided that he ate a kezayit of bread after Rosh Chodesh began (Shulchan Aruch 271:6, Mishna Berura 29)[15].

    [14] If one realizes that he forgot Ya’aleh VeYavo before beginning the blessing of HaTov VeHaMeitiv, our Sages decreed that he should say, “Blessed are You, Lord our God, King of the Universe Who gave New Moons to His people Israel as a remembrance” (Shulchan Aruch 188:7). According to the Bi’ur Halachah, one should say God’s Name and mention His Kingship when reciting this blessing, just as one does on Shabbat and Yom Tov. The Kaf HaChaim (31), however, maintains that God’s Name and Kingship are omitted.

    [15] If one did not eat a kezayit of bread after the stars emerged, the Shulchan Aruch rules that he must, nonetheless, say Ya’aleh VeYavo, as is the law on Shabbat, as explained there. According to the Rama, however, he should not say it. The Acharonim also dispute the case of one who began Seudah Shlishit on Shabbat and finished his meal on Saturday night, which is the beginning of Rosh Chodesh. See Peninei Halachah, Shabbat, 6:3, note 5, p. 99.

    13 – Customs Relating to the Recital of Hallel

    One must stand while reciting the Hallel, because Hallel is a testimony to God’s glory, and witnesses must stand while testifying. After the fact, if one said Hallel sitting or lying down, he has nonetheless fulfilled his obligation. Someone who is ill and cannot stand may say it sitting or lying down from the outset (Shulchan Aruch 422:7, Mishna Berura 28).

    One should not interrupt the recitation of Hallel, even by just remaining silent. In the case of a pressing need, however, like preventing an insult, one may interrupt. One may also interrupt Hallel in order to recite “holy responses” [like Kedushah, Kaddish, and Barachu]. One should say Hallel in order, from beginning to end. One who said it out of order has not fulfilled his obligation and must go back to the place where he erred and read it in its proper sequence (Shulchan Aruch 422:4-6). It is proper to read Hallel slowly and pleasantly, and many congregations have a custom to sing portions of the verses.

    Our Sages ordained that Hallel be said immediately after Shacharit prayers After all, we mention the uniqueness of Rosh Chodesh in the Silent Prayer, by saying Ya’aleh VeYavo. Therefore, it is appropriate to [immediately] continue praising God and thanking Him for sanctifying the Jewish people and the New Moons. Under extenuating circumstances, one may say it later in the day, because, according to the letter of the law, the entire day is suitable for the reading of Hallel(Megillah 20b).

    There are various customs surrounding the Hallel’s recital, regarding which verses are repeated twice, and which verses are said responsively, etc. All the customs are proper, and every community should continue following its custom (Sukkah 38a-39a; Shulchan Aruch 422:3).

    Customarily, the cantor reads four verses aloud (Tehillim, 118:1-4): 1) הודו לה’ כי טוב כי לעולם חסדו – Give thanks to the Lord for He is good, for His kindness endures forever. 2) יאמר נא ישראל כי לעולם חסדו – Let Israel say now, “For His kindness endures forever.” 3) יאמרו נא בית אהרן כי לעולם חסדו – Let the House of Aharon say now, “For His kindness endures forever.” 4) יאמרו נא יראי ה’ כי לעולם חסדו – Let those who fear the Lord say now, “For His kindness endures forever.” According to Ashkenazi custom, the congregation responds,הודו לה’ כי טוב כי לעולם חסדו to each of these verses. According to the Sefardic custom, however, the congregation repeats each verse after the cantor[17].

    Regarding the duplication of verses, it has become the accepted custom, in the last few generations, to repeat all the verses from אודך until the end of Hallel(Tehillim, 118:21-29). The reason we say these verses twice is that the beginning of the chapter repeats every idea twice, but from אודך on, the verses cease repeating themselves. We, however, continue the pattern of the Psalm and double up the rest of the verses. Furthermore, King David, his father Yishai, and his brothers composed these verses, as the Talmud relates (Pesachim 119a). Thus, because of their importance, [Chazal] wanted us to say them twice.

    We read the verse, אנא ה’ הושיעה נא, אנא ה’ הצליחה נא – “Please, O Lord, save us; Please, O Lord, make us successful”(Tehillim, 118:25), in a special way, saying the first part twice, and then the second part twice[18].

    [17]Rav Amram Gaon mentions both customs in his siddur, the first one as the Sefardic custom, and the second as the Ashkenazi practice. Tosafot and the Ran (Sukkah 38b) also cite the Ashkenazi custom [as described above], as do the Tur and Beit Yosef 422:3. The congregation fulfills their obligation to say [the other three verses] by hearing the cantor chant them out loud. Therefore, they can simply answer הודו לה’ כי טוב כי לעולם חסדו. Many Acharonim write that since there is reason for concern that some congregants may not hear the cantor properly, it is best for the congregation to say the verses along with the cantor, finish shortly before him, and then answer הודו לה’ כי טוב כי לעולם חסדו. This is the opinion of Magen Avraham 422:8, Eliyah Rabbah 13, Machatzit HaShekel and Mishna Berura 20. See also Sefer Rosh Chodesh 6:15.

    [18] According to Sefardic tradition, the cantor, followed by the congregation, says the first part twice and then the second part twice. The Ashkenazi custom is that the cantor and the congregation say each verse responsively. This raises a question. The Talmud states in Megillah 22a that one is forbidden to interrupt a verse in the middle, except for the purpose of teaching young children. Tosafot (Sukkah 38b) answer that two people composed this verse – David and his brother. The Kolbo suggests that one is forbidden to split a verse in two only if it is from the Torah (Magen Avraham 422:8). The Maharsham explains in Da’at Torah that one is permitted to divide a verse if it is being used for prayer. See Sefer Rosh Chodesh 6:18, n. 37.

    Ashkenazim say the four verses beginning with the words אודך, אבן מאסו, מאת ה’, זה היום twice. The custom of many Jews from North Africa is that the cantor says each verse once, after which the congregation responds likewise, and since “hearing is like answering,” it is considered as if they said each verse twice.

    14 – The Torah Reading and Musaf Service

    In honor of Rosh Chodesh we call up four people to the Torah. The reading begins with the daily burnt offering and ends with the special Rosh Chodesh sacrifices (Bamidbar, 28:1-15). This hints to the fact that the special sanctity of Rosh Chodesh, which incorporates renewal, atonement, and repentance, stemmed from the fixed and continual sanctity that manifests itself in the daily burnt offering, which was sacrificed every morning and afternoon.

    After the Torah reading and the recitation of Ashrei and U’Va LeTzion (and according to some Sefardim, Beit Ya’akov and the daily Psalm, as well), we say the Silent Prayer of Musaf. This prayer is comprised of the usual three opening and closing blessings, with one middle blessing about Rosh Chodesh, which concludes, “Blessed are You, HaShem, Who sanctifies Israel and the beginnings of the months.”

    Our Sages instituted the Musaf service in place of the additional musaf sacrifices that were offered in the Beit HaMikdash on Rosh Chodesh. The time frame for saying this prayer also corresponds to that of the additional sacrifices. Thus, one must pray Musaf by the end of the seventh hour of the day, calculating each “hour” as one-twelfth of daylight. One who procrastinates and fails to pray by this time is considered a sinner. Nevertheless, he should pray afterwards, because, b’dieved (ex post facto), one may offer the additional sacrifices all day long (Shulchan Aruch 286:1).

    The custom is to remove one’s tefillin before the Musaf prayer. On Yom Tov (major Jewish holidays) we do not wear tefillin at all. Since the day itself is a “sign” (ot) between God and Israel, we do not need the additional “sign” of tefillin. Similarly, the Musaf prayer on Rosh Chodesh is considered a “sign,” and we do not need the additional “sign” of tefillin(Shulchan Aruch 423:4, Mishna Berura 10). The custom is to remove them after the Kaddish that precedes Musaf. It is proper to start praying only after the tefillin are completely wrapped in their straps and stored away in their bags. Otherwise, they will lie there throughout the Musaf service, without receiving the respect demanded by their great holiness[19].

    Another prevalent custom is to say the Psalm beginning with Borchi Nafshi(Tehillim 104) during Shacharit, because it contains the verse, “He made the moon for appointed festivals.” Some believe that the Levites recited this Psalm in the Beit HaMikdash on Rosh Chodesh(Aruch HaShulchan 423:5)[20].

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    [19] The Beit Yosef (25:13) gives a different reason, stating that it is inappropriate to be without the crown of tefillin when saying the stanza beginning with Keter (“crown”) in the Kedushah of Musaf. However, even Ashkenazim, who omit Keter, are accustomed to removing their tefillin before Musaf. Therefore, I cited the Levush’s explanation that Musaf is considered a “sign,” similar to Yom Tov, on which we do not wear tefillin (Shulchan Aruch, Orach Chaim 31:1). See Sefer Rosh Chodesh 8:1. The prevalent custom is to remove the tefillin after Kaddish (according to the Ba’al HaTanya’s siddur, they are removed before Kaddish). See Sefer Rosh Chodesh 8:4-6.

    This raises a question regarding the common practice to don tefillin at the circumcision of one’s son, in order to be surrounded by two signs, the sign of the brit and tefillin. Do we not learn from the law of tefillin on Shabbat and Yom Tov that one should not display two signs together, for each one implies that the other is insufficient, thus degrading its significance (Shulchan Aruch 31:1)? The Eliyah Rabbah (29) answers in the name of the Roke’ach that the sign of circumcision is not in commemoration of the Exodus from Egypt; therefore, it is good to combine it with another sign that is. Tefillin, Shabbat, and Yom Tov, however, are in commemoration of the Exodus and should not be joined together.

    [20] For the order of the Torah reading, see Tur, Beit Yosef, Shulchan Aruch, and Mishna Berura 423:2; Yalkut Yosef 423:4; Sefer Rosh Chodesh 7:9. If one said Musaf before Shacharit, he has discharged his obligation, but ideally one must pray Shacharit first, just as one must sacrifice the daily burnt offering before all other offerings (Rama 286:1).

    For more on Borchi Nafshi, see Sefer Rosh Chodesh 7:5. The following authorities hold that Borchi Nafshi was the daily song for Rosh Chodesh in the Temple: The Vilna Gaon (Ma’aseh Rav 157), B’nei Yissachar (Rosh Chodesh 3:1), and Aruch HaShulchan (423:5, 424:3). Ashkenazim and Chassidim (Nusach Sefard) say Borchi Nafshi after the regular daily song; the Chassidim recite both songs after Hallel; and the Ashkenazim after Musaf (Sefer Rosh Chodesh 7, n. 5). Some Sefardim have the custom of saying the daily song after U’Va LeTzion, before the Kaddish that precedes Musaf, and Borchi Nafshi after Musaf. Others say Borchi Nafshi after Musaf and omit the daily song altogether.

    The Ashkenazim customarily return the Torah scroll to the Ark immediately after it is read (Mishna Berura 423:5). The Shulchan Aruch (423:3) writes that it should be returned after U’Va LeTzion, and Sefardim and Chassidim follow this practice. (However, the author of Kaf HaChaim [135:2 and 423:11] agrees with the Ashkenazi custom, and Rav Ovadyah Yosef follows it for Kabbalistic reasons, returning the Torah scroll, on Rosh Chodesh and Mondays and Thursdays, immediately after the reading [Yalkut Yosef 423:6 with notes].)

    15 – The Meaning Behind the Blessing of the Moon

    In the Blessing of the Moon (Birkat HaLevanah), we thank Hashem for creating the moon, and for the benefit we receive from its light. Many attach special honor to this blessing, because it alludes to deep concepts concerning the Jewish people. We will explain some of these ideas:

    Of all the heavenly bodies, the moon is most similar to us. Just as a person’s life is filled with ups and downs, so too, the moon waxes and wanes. In the middle of the month, it looks full, but as it nears the end of the month it dwindles and disappears. And just as Adam paid dearly for giving in to his pride and desires when he ate from the Tree of Knowledge , so too, the moon was not satisfied with being originally the same size as the sun, wanting instead to rule over it (see above, sec. 5). In retribution for the moon’s arrogance, HaKadosh Baruch Hu reduced its light and created the lunar cycle in which its light decreases every month, eventually disappearing from the sky. However, unlike man, who fades away and dies, the moon is part of the heavenly hosts and is fixed and everlasting, always regenerating itself. The Jewish people have the exact same qualities. On the one hand, they lead normal human lives, which include ups and downs, with good inclinations as well as evil ones. Yet their connection to faith and God is everlasting. Therefore, unlike other nations, Am Yisrael endures forever. Thus we are reminded of Israel’s immortality in Birkat HaLevanah, when we see the moon reappear and grow stronger every month.

    Moreover, not only do we manage to survive despite all the hardships, we actually advance to a higher level as a result of each crisis and setback. King David, whose kindom is compared to the moon, taught us how to transform each setback into an impetus for greater growth. Chazal tell us that David was the least esteemed of his brothers, growing up in the fields amongst the sheep, but he, matured and developed from every experience. Even after his difficult fall in the episode of Bat-Sheva, he didn’t give in to despair. Rather, he repented completely, to the point where Chazal say that “he established the yoke of repentance” (Mo’ed Kattan 16b). David transformed the regrettable incident into a catapult of tremendous self-improvement, setting an example for all generations. We learn from him the ways of repentance and its power of renewal. By virtue of his repentance, David’s kingdom is everlasting, just like the moon which always rejuvenates after its decline.

    This is why we say in the Kiddush Levanah ceremony, “David, King of Israel, lives and endures.” Likewise, the Jewish people, as well, grow from every setback, rectifying all their sins and blemishes, until they will eventually be privileged to perfect the world through God’s sovereignty. At that time, the moon, which symbolizes our situation in the world, will also return to its perfected state, when its light will be as bright as the sun’s. Thus, we beseech God in Birkat HaLevanah, “It (the moon) should renew itself like a crown of glory for those borne from the womb (the people of Israel), who will eventually renew themselves like it and glorify their Maker for the sake of His glorious kingdom.”

    Some have a custom to add the following request: “May it be Your will, Lord my God and God of my forefathers, to repair the moon’s defect, that there be no deficiency in it. Let the light of the moon be like the light of the sun and like the light of the seven days of Creation, as it was before it was reduced, as it says, ‘The two great luminaries’(Bereshit, 1:16). And may the following verse be fulfilled through us: ‘They shall seek the Lord their God and David their king’(Hoshea, 3:5). Amen[21].

    [21] Numerous Midrashim indicate that the Gentiles follow the solar calendar, including the Christians. We can explain this as follows: The desire to utilize the sun stems from a desire for absolute perfection. However, that is beyond man’s reach. And since the Gentiles fail to attain absolute perfection, they forfeit what they could have achieved by revealing God’s Name in the world. The Jews, on the other hand, know how to operate within this world while clinging to God, which manifests itself through constant self-perfection. Calculating the months according to the moon’s cycle alludes to our efforts in this world, while calculating the years according to the sun’s orbit hints to our constant aspiration for perfection. The Muslims learned from the Jews to count by the moon, but only by the moon. This signifies a lack of aspiration for continuous self-perfection and an entrenchment in this world. It also explains why they perceive reward, even in the hereafter, in physical terms.

    It is important to add that even when the moon is invisible to us, it remains whole in its “hiding-place.” It’s just that all the light it absorbs from the sun is reflected back towards the sun and is thus indiscernible on earth. The same is true of the Jewish nation: even when it descends, its inner essence remains unblemished, as it says, “You are entirely beautiful, my love, and there is no blemish in you” (Shir HaShirim 4:7).

    16 – The Laws of Reciting the Blessing Joyously

    Because of the exalted themes behind the moon’s renewal, the person who recites the Blessing of the Moon is considered as one who receives God’s Presence (the Shechinah). Thus, Tanna D’vei Rebbi Yishmael states, “Had the Jews been privileged to greet their Father in Heaven only once a month (when reciting Birkat HaLevanah), it would be sufficient” (Sanhedrin 42a). Therefore, Abaye concluded that one must honor the blessing and recite it while standing (ibid.). One who finds it difficult to stand should lean on his cane, or on a friend, and recite the blessing. If leaning is too difficult, he may say it while sitting[22].

    The custom is to honor the blessing by saying it with a minyan. In the absence of a minyan, it is best to say it in a group of three, but according to the letter of the law one, may recite it alone. If one is concerned that waiting for a day on which a minyan can be gathered will cause him to forget to say the blessing altogether, it is preferable not to wait, and to say it alone (Biur Halachah 426:2, s.v. ella).

    It is customary to leave the synagogue or one’s house and recite the blessing under the open sky. We learned above that Birkat HaLevanah is compared to greeting the Shechinah. Therefore, just as one goes out to greet a king, one should go out to recite this blessing. A person who is sick, or fearful that he might catch a cold if he ventures outside, may glance at the moon through a window and say the blessing indoors (Mishna Berura 426:21).

    In order to honor the blessing, which contains an aspect of greeting the Shechinah, we are accustomed to recite it immediately after Shabbat, when we are joyful and nicely dressed . However, if there is reason to fear that waiting until Saturday night will cause us to miss the opportunity to say the blessing, it is preferable to say it on a weeknight (Shulchan Aruch, Rama 426:2).

    The custom is not to recite Birkat HaLevanah on Friday night, in order to avoid mingling the joy of Shabbat with that of Birkat HaLevanah. However, if there is reason to fear that one will miss the blessing if he does not say it on Friday night, he should recite it then (Rama 426:2, Mishna Berura 12).

    As we already learned, the moon alludes to Knesset Yisrael (the Assembly of Israel). Knesset Yisrael is like a bride before God, and “she” renews and purifies herself every month, just like a bride does for her husband. This strengthens the bond between Knesset Yisrael and HaKadosh Baruch Hu. And when all of the world’s flaws are remedied, everyone will recognize the special relationship that exists between Israel and the Holy One Blessed be He, as it says, “Like a bridegroom rejoices over a bride, so will your God rejoice over you” (Yeshayahu, 62:5). Therefore, a custom developed to dance and sing after Birkat HaLevanah, just as at a wedding. Along the same lines, there is a custom to raise up a bit when saying, “Just as I dance before You…” (Rama 426:2).

    Since we must say the blessing joyously, we do not to recite it before Tish’a B’Av – because of our mourning over the Temple’s destruction – nor before Yom Kippur, due to our anxiety over the upcoming Day of Judgment. We do say it, however, immediately after Yom Kippur, even though we have not yet eaten, because we are joyous over having had the privilege to stand before God in penitence. It is proper to postpone Kiddush Levanah until the night after Tish’a B’Av, or until people have had a chance to eat and drink and leave their state of mourning (Rama 426:2). However, if it will be difficult to gather a minyan later on, a congregation may sanctify the moon immediately after the fast is over (Mishna Berura 426:11, Sha’ar HaTziyun 9; see also below 10:19).

    Similarly, one who is sitting shiva should push off reciting the blessing until after the shiva, if possible, because he is grieving, even if he will have to say it alone. If, however, he cannot push it off – because shiva will end after the permissible time to say the blessing – he should say it during his mourning period (Mishna Berura 426:11, Kaf HaChaim 5. The latest time to recite the blessing will be elucidated below, sec. 18).

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    [22]Shulchan Aruch 426:2; Rabbi Akiva Eiger, ibid.; Biur Halachah, end of s.v. u’mevarech me’umad; Yalkut Yosef 426:11. (The Ben Eish Chai – Shannah Bet, VaYikra 23 – writes that it is proper to recite the blessing with one’s feet together, but the prevalent custom is not to do so.)

    Reciting this blessing is like greeting the Shechinah because the Shechinah alludes to Knesset Yisrael (the Assembly of Israel), both being a part of the attribute of Malchut (Kingship). See also the Maharal of Prague’s Chiddushei Aggadot, 3:158, which states that every initial renewal contains an aspect ofreceiving the Shechinah. The author of Biur Halachah (426:2, s.v. u’mevarech me’umad) writes that we recognize God’s greatness through the moon and stars; therefore, saying this blessing is similar to receiving the Shechinah.

    17 – Seeing the New Moon

    We recite the blessing over the new moon at night, because that is when it is clearly visible and one can benefit from its light. One may not recite the blessing if he sees the moon at twilight, because the sun’s light is still shining and one does not benefit from the light of the moon at that time (Rama 426:1). Before reciting the blessing, one must look at the moon for a moment in order to derive pleasure from its light, but the custom is not to look at the moon when actually reciting the blessing (Mishna Berura 426:13, Kaf HaChaim 34). If one recites the blessing when the moon is covered by clouds he has not fulfilled his obligation, because he cannot benefit from its light. However, if it is covered only by a thin cloud, and one can see things that are usually visible by the light of the moon, he may say the blessing. Nevertheless, it is best to say the blessing when the moon is clearly visible, with no obstruction. Some authorities write that it is preferable to postpone Birkat HaLevanah when the moon is even slightly covered, but according to the letter of the law, one may recite the blessing even if a thin cloud passes over the moon, since one can derive benefit from its light. It seems to me that as long as one can discern the outline of the moon through the cloud, it is permissible to recite the blessing[23].

    If, while reciting the blessing, the moon becomes completely covered by clouds, one should continue saying the blessing. However, if one estimates that while reciting the blessing a big cloud will come and cover the moon completely, he should not start the blessing, because ideally (l’chatchilah) the entire blessing must be said when the moon is in view (Ridbaz 1:346; Mishna Berura 426:2; Biur Halachah, s.v. nehenin)[24].

    [23] The Ridbaz (1:341) writes thatit primarily depends on the ability to derive benefit from its light, and many Acharonim cite his words, including the Magen Avraham and Mishna Berura 426:3. However, the Chida writes in Moreh BeEtzba (184) that one may not recite the blessing even if the moon is covered only by a very thin cloud, and the Ben Eish Chai (Shanah Bet, VaYikra 23) concurs. Nevertheless, according to the letter of the law, it seems that all agree that one may recite the blessing as long as one benefits from the light. This is the conclusion of the Yalkut Yosef 426:5.

    The Eshel Avraham of Buchach explains that one may recite the blessing if the light of the moon allows one to see most of the things that are usually visible when the moon is unobstructed. This is assessed based on the moon’s light on the seventh night of the month, or the fourth of the month, if there is a pressing need. In his opinion, one may recite the blessing towards the middle of the month even if the moon is covered by a thicker cloud, and one may recite it towards the beginning of the month only if the cloud is very thin. The poskim, however, seem to indicate that the distinction depends on the thickness of the cloud, not the day on which the blessing is recited. So writes the author of Sefer Kiddush Levanah 2:3 (with notes). Therefore, in my humble opinion, it seems that if one can see the outline of the moon, it is considered “visible” (possibly even according to those who are meticulous), and the blessing may be said.

    According to the letter of the law, though, the halachah follows the opinion of the Ridbaz and the Eshel Avraham. This is apparent from the words of the Terumat HaDeshen quoted in Leket Yosher: “Once, he saw only a small portion of the moon, because it was partially covered by a cloud, and he nevertheless sanctified [it].”

    Some say that one should look at the moon only briefly. See Mishna Berura 426:13 and Kaf HaChaim 34.

    Many authorities write that one who recited the blessing without looking at the moon has fulfilled his obligation, as long as he could have seen it had he looked (see Sefer Kiddush Levanah 2:11). They derive this by logical inference from [the law of] a blind man. Most poskim hold that a blind man must say Birkat HaLevanah, because the blessing was instituted in recognition of the renewal of the moon. In addition, even the blind benefit from the moon in that others use its light to escort them. This is the viewpoint of the Rashal, Magen Avraham, Eliyah Rabbah, and Pri Chadash. However, the Maharikash holds that a blind man should not recite the blessing, for he does not derive pleasure from the moon. In practice, a blind man should not recite the blessing, because of the uncertainty surrounding the matter. It is preferable for him to hear the blessing from someone else (see Mishna Berura 426:1; Biur Halachah, s.v. nehenin; Kaf HaChaim 2).

    [24] See Sefer Kiddush Levanah (chap. 2, n. 9) where the author quotes Rav Pe’alim (vol. 3, Orach Chaim 68) who is unsure how to rule in a case where the moon will disappear in the middle of the blessing, but no days remain on which to recite Birkat HaLevanah. He concludes, “It is possible to say that under such dire circumstances everyone agrees that one should say the blessing, but further investigation is required.” The author of Halichot Shlomo (Tefillah 15:12) writes that if one is concerned that immediately after beginning the blessing, the moon will be covered, it is permissible to say the blessing, b’diavad.

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