Posts page - Page 21 of 42 - Peninei Halakha

18. Laws of Reciting the Hagada

One who merely contemplates the Hagada does not fulfill the obligation to tell the Exodus story, as it is stated, “Tell your child” (Shemot 13:8), i.e., express the story verbally. However, it is not necessary for all participants to recite the Hagada; the main thing is that the Seder leader or someone else recites it aloud, and the others hear it. Indeed, it was customary for the oldest participant to read and explain the Hagada while everyone else listened. This is, in fact, the way stories are usually told (see Pesaḥim 116b).

In order to include everyone in the recitation of the Hagada, it is customary nowadays for the Seder leader to read it aloud while everyone else quietly reads along with him. Others have participants take turns reading paragraphs from the Hagada, but only a reader who is a bar or bat mitzva can fulfill this obligation on behalf of others.

When several sets of parents and children have the Seder together, it is not necessary for each parent to tell the story to his child separately; it is sufficient for the Seder leader or another participant to read the Hagada aloud, because as long as the parent makes sure that his child participates in the Seder and hears the story, he has fulfilled the mitzva to “tell your child.” One who wishes to enhance the mitzva can further explain the Exodus to his child during the meal.

In order to fulfill the mitzva of telling the Exodus story, one must at the very least explain or hear an explanation of the Paschal sacrifice, matza, and maror. This makes clear that we were slaves in Egypt and that God redeemed us. Therefore, parents who see that their children are falling asleep must tell them about the korban Pesaḥ, matza, and maror, and explain their meaning. The same principle applies to a participant who is unable to complete the Hagada due to illness or military duty (see above 15:9).

19. Customs Regarding the Recitation of the Hagada

The Hagada is recited with seriousness and reverence, so the custom is not to recline during the recitation. However, this seriousness incorporates joy and elation at the fact that God chose us from among all the nations and gave us the Torah (Shlah, MB 473:71, Kaf Ha-ḥayim 473:152).

We have already seen that the matza must be kept uncovered while we recite the Hagada, in keeping with the words of the Sages: “’leḥem oni’ – bread over which we ‘onim’ – answer or say – many things” (Pesaḥim 115b). Giving concrete expression to the Exodus story is the foundation of the mitzva to eat matza on the Seder night.

However, when we raise the wine glasses to recite the paragraphs of “Ve-hi she–amdah” (“And this [promise] has stood”) and “Lefikhakh anaḥnu ḥayavim” (“Therefore it is our duty”), as well as when reciting the long berakha on redemption (“Birkat Ha-ge’ula”) just before drinking the second cup, the matza should be covered. The matza is more significant than the wine, and therefore, whenever we hold up the cup of wine and show it preference, the matza must be covered, so that it does not appear that we honor the wine more than the matza (SA 473:7, MB ad loc. 73). It is for the same reason that we cover the bread when reciting kiddush every Shabbat and Yom Tov.

When reciting the paragraph “Matza zo she–anu okhlim” (“This matza that we eat”), the Seder leader holds up the matza for all of the participants to see, in order to endear the mitzva to them. And when “Maror zeh…” (“This maror…”) is said, the maror is held up. However, when “Pesaḥ zeh…” is said, the zero’a is not held up, because the zero’a is not the actual meat of the korban Pesaḥ, but merely a commemoration of it. Thus, one who holds it up looks like he is offering sacrifices outside the Temple precincts (Pesaḥim 116b; SA 473:7).

It is customary to spill out a bit of wine from the cup when enumerating “dam, va–esh, ve-timrot ashan” (“blood, fire, and pillars of smoke” – Yoel 3:3), while reciting “detzaḥ, adash, and be’aḥav” (R. Yehuda’s mnemonic device for remembering the Ten Plagues), and while enumerating the Ten Plagues. This comes to sixteen times. Some have a custom to drip the wine with the index finger, and others have a custom to pour out a little bit into a broken vessel (Rema 473:7; SHT 81 and Kaf Ha-ḥayim 163-4 ad loc.). Rav Kook rules that one should not spill out Shemitta wine (produced from grapes grown on the Torah’s Sabbatical year), but there is nevertheless a mitzva to use Shemitta wine for the four cups, because in general it is better to drink Shemitta wine (Peninei Halakha: Shevi’it 4:5, n. 5).

20. The Mitzva to Recite Hallel on the Seder Night

When the Temple stood, people would recite Hallel while offering the korban Pesaḥ, and again while eating it at night (Pesaḥim 95a). The main reason for reciting Hallel on the first night of Pesaḥ is to sing God’s praises; every Jew must see himself, on Pesaḥ night, as though he left Egypt personally, and it is only natural to sing praises to God for redeeming us. In fact, this recitation of Hallel is unique: on all other holidays we recite Hallel as an expression of praise and thanksgiving to God, but on the night of Pesaḥ we proclaim it as a song (ibid. 95b).

The Sages ordained reciting half of Hallel before the meal and half of it after the meal, so that it encompasses the eating of the korban Pesaḥ. Although we no longer have the privilege of eating the korban Pesaḥ nowadays, we eat matza instead (Maharal, Gevurot Hashem, end of ch. 62). In addition, the first half of Hallel contains Psalm 114, “When Israel left Egypt” (“Be-tzeit Yisrael Mi-Mitzrayim”), which is a continuation of the Hagada’s story. This is why, at its conclusion, we recite the blessing over the redemption from Egypt (“Birkat Ha-ge’ula”). The second half of Hallel, recited after the meal, is a more general song of thanks for all redemptions, past and future (Levush).

Another reason for dividing Hallel is that this enables us to drink all four cups over song. We drink the first cup over kiddush, the second over the first half of Hallel, the third over Birkat Ha-mazon, and the fourth over the second half of Hallel (Manhig §90).^[17]

The Rishonim are divided over whether or not a berakha should be recited over Hallel on Pesaḥ night: Some say two berakhot should be recited, one over each half of Hallel. Others say one berakha should be recited. There are also differing opinions over the wording of the berakha: some say it should be “likro et ha-Hallel” (“to recite Hallel”) and others say “ligmor et ha-Hallel” (“to complete the Hallel”). Another group of authorities maintains that no blessing at all should be pronounced over Hallel on the Seder night, either because it is divided into two parts (Rosh), because a berakha was already pronounced over the Hallel that was recited in the synagogue during the Ma’ariv prayer (Rashba), or because this Hallel is like a song and therefore requires no berakha (R. Hai Gaon). Some maintain that Birkat Ha-ge’ula covers Hallel as well. In practice, the custom is to refrain from making a berakha over the Hallel we recite at the Seder.

During the rest of the year, we stand while reciting Hallel, because it is like attesting to God’s greatness, and testimony must be given while standing. But the Sages did not wish to burden us on the Seder night, because all of our actions on this night must demonstrate freedom (Beit Yosef OḤ 422:7). Nevertheless, as we have learned, the Hagada should not be read while reclining, but with an air of solemnity (Shlah). Hallel is customarily read aloud and with sweet singing (Kaf Ha-ḥayim 480:3).

[17]. The practice of saying half of Hallel before the meal is cited in a mishna in Pesaḥim 116b. Ibid. 117a explains the mitzva of saying Hallel to commemorate miracles. See the introduction to Hagada Torah Sheleima ch. 27, which summarizes both sides of the dispute about whether or not one should recite a berakha over this Hallel. See also Kaf Ha-ḥayim 473:160-161 and Ha-Seder He-arukh chs. 103-105.

21. The Laws of the Second and Fourth Cups

The only significant practical difference between communal customs regarding the laws of the Seder is the question of whether to recite “ha-gefen” over the second and fourth cups.

Many Rishonim maintain that “ha-gefen” must be recited over each of the four cups, even though our attention is not diverted from one cup to the next, because each cup is a mitzva in its own right. This is the opinion of R. Natronai Gaon, R. Amram Gaon, Rif, Rambam, Maharitz, and Rema, and it is the practice of Ashkenazim and of Yemeni Jews who follow Rambam.

However, Rosh maintains that “ha-gefen” must only be recited before the first and third cups. The berakha over the first cup covers the second cup because there is nothing between them to divert our attention. We recite a berakha over the third cup because it follows Birkat Ha-mazon and a berakha is always recited over wine we drink after Birkat Ha-mazon, even if “ha-gefen” was recited earlier in the meal, because Birkat Ha-mazon serves as a berakha aḥarona for the wine one drinks during the meal. The berakha over the third cup covers the fourth cup as well. R. Yona and Rashba also maintain that “ha-gefen” is recited over the first and third cups only. SA rules accordingly, and this is the Sephardic custom.

There are also differing opinions among Rishonim regarding the berakha aḥarona over the wine. In practice, however, there is a consensus not to recite a berakha aḥarona after each cup of wine. Rather, Birkat Ha-mazon covers the first two cups, and the berakha aḥarona (“al ha-gefen”) recited after the fourth cup covers both the third and fourth cups.^[18]

[18]. Some people prolong the recitation of the Hagada beyond 72 minutes, and, at first glance, this is problematic, as 72 minutes is considered the time it takes for digestion to occur, and it is consequently considered an interruption between eating and the berakha, to the extent that if one no longer feels satiated by the food and drink, he may no longer recite a berakha aḥarona. It would seem, then, that reciting the Hagada for more than 72 minutes would mean that Birkat Ha-mazon does not cover the first cup of wine, in which case one would not have recited a berakha aḥarona over it. Moreover, according to MA 184:9, if one waited for this amount of time between the first and second cups, he must recite a new berakha. This contradicts the ruling of SA that one need not recite a new berakha over the second cup (since the berakha on the first cup covers it). Additionally, Rashbam rules that the “ha-adama” recited over karpas also covers the maror, but if there is such a long interruption between karpas and the meal, the initial berakha cannot be effective – and we see that SA (473:6) takes the view of Rashbam into consideration. Furthermore, the first cup is also kiddush, which must be part of a meal. When there is such a long break, perhaps kiddush must be recited again, so that it is part of the meal.

Indeed, because of all of these problems, some poskim maintain that one should be careful to recite the Hagada in less than 72 minutes (see Sidur Pesaḥ Ke-hilkhato 3:9). Yet there are righteous and pious people who actually enhance the experience by prolonging the recitation of the Hagada beyond 72 minutes, explaining this practice with various rationales, such as explaining that the berakha aḥarona on the fourth cup also covers the first cup. (See Mikra’ei Kodesh 2:30, Hilkhot Ḥag Be-ḥag 20:5, and Responsa Ḥazon Ovadia §11.) In my humble opinion, the entire issue of a significant interruption (“hefsek”) in a meal only applies when one engages in unrelated activities (even if he does not take his mind off the meal). In this case, though, people are involved in the Seder and the Hagada, and the second cup is poured right at the beginning of the recitation of the Hagada, and since the entire recitation of the Hagada is connected to the second cup, the time between the first and second cups is not considered a hefsek. Consequently, there is no hefsek between kiddush and the meal; the recitation of the Hagada is considered part of the Seder, since telling the story of the Exodus is an integral part of the mitzva of eating matza. Similarly, telling the Exodus story is also inherently connected to the mitzva of eating maror, so the recitation of the Hagada does not constitute a hefsek between the eating of karpas and the eating of maror (and the berakha on karpas covers the maror as well).

22. The Mitzva to Eat Matza

The Mitzva to Eat Matza and Maror

There is a Torah commandment to eat matza on the night of the 15th of Nisan, as it states: “In the evening, you shall eat matzot” (Shemot 12:18). This matza must have been guarded (shemura), as it states: “And you shall observe (u-shemartem) the matzot” (ibid. 17). Some are scrupulous about fulfilling the mitzva with matza that was made by hand for the sake of this mitzva (above 12:4). One who eats stolen matza does not fulfill his obligation (SA 454:4). Therefore, it is good to pay for the matza before Pesaḥ, or at least obtain the explicit consent of the storeowner to grant the buyer ownership of the matza even if it has not yet been paid for, because if the storeowner does not agree to give the matza on credit, one cannot fulfill his obligation with it (MB 454:15).^[19] As soon as one eats a kezayit of shemura matza he has fulfilled the Torah commandment, because all eating-related commandments in the Torah require the consumption of at least a kezayit.

The Sages ordained three additional kezeytim of matza to be eaten at the Seder, making a total of four. After reciting the berakhot of “ha-motzi” and “al akhilat matza,” we eat, le-khatḥila, two kezeytim: one from the top matza, for “ha-motzi,” and one from the broken middle matza for “al akhilat matza.” Later, we eat another kezayit with maror, for korekh, and at the end of the meal we eat one more kezayit as the afikoman (some say it is preferable to eat two kezeytim for the afikoman).

Before getting into the specifics of the size of a kezayit, let us clarify the practical halakha: There is a consensus that a kezayit is about a third of a piece of machine-made matza, and about the same-sized piece of a handmade matza. Thus, right after reciting “ha-motzi” and “al akhilat matza,” two-thirds of a machine matza must be eaten. Another third should be eaten for korekh and one more for the afikoman.

The kezayit of matza must be eaten continuously. If one pauses while eating, and as a result takes longer than a shi’ur akhilat pras to eat a kezayit, he does not fulfill the mitzva. We shall soon discuss exactly how much time a shi’ur akhilat pras is, but for now, it is enough to say that whoever eats a kezayit of matza continuously fulfills the mitzva without question and need not look at the clock, because the only way it is possible to take longer than akhilat pras is if one stops eating for a few minutes.

[19]. Some scrupulously make sure that the head of the household purchases the matza on behalf of his guests and adult children, so that they eat matza that belongs to them. Nevertheless, one who eats matza with the owner’s permission fulfills his obligation. It is not necessary to formally acquire the matza, as one can fulfill his obligation with borrowed matza (MB 454:15).

23. Calculating the Size of a Kezayit for Torah Commandments

The long exile gave rise to uncertainty regarding the size of a kezayit. According to Rambam, a kezayit is slightly less than a third of the volume of an egg; according to Tosafot, it is about the volume of half an egg. In practice, due to this uncertainty, the custom is to follow the stricter ruling of Tosafot. The equivalent of half an egg was calculated as being a third of a piece of machine matza and as a similar-sized piece of hard handmade matza, whose thickness is similar to that of a machine matza.

This is the consensus of all Sephardic and most Ashkenazic authorities. However, one of the most prominent Ashkenazic Aḥaronim, R. Yeḥezkel Landau (known by the name of his major work, Noda Bi-Yehuda), reached the conclusion, based on his own calculations, that our eggs are half the volume of the eggs that existed at the time of the Sages. It follows that a kezayit is not half the size of one of our eggs but is the size of a whole contemporary egg. R. Avraham Yeshaya Karelitz (known by the name of his main works, Ḥazon Ish) concurred with Noda Bi-Yehuda’s calculations. Thus, in order to fulfill the Torah commandment using the “Ḥazon Ish shi’ur,” one must eat an egg’s bulk of matza. Although the halakha usually follows the standard shi’ur and does not take Ḥazon Ish’s shi’ur into consideration, when it comes to the Torah commandment of eating matza, it is proper le-khatḥila to satisfy all opinions. Ideally, then, one should eat a Ḥazon Ish kezayit of matza, or approximately two thirds of a matza.

This, however, is not really much of a stringency, since anyway our custom is to eat two kezeytim initially – one for “ha-motzi” and another for “al akhilat matza” (SA 475:1). Since these two kezeytim contain a single Ḥazon Ish kezayit, we fulfill the Torah commandment according to all opinions.

One who finds it difficult to eat two thirds of a piece of machine matza may eat one third, because according to the standard calculation, a third of a matza contains a kezayit. One even recites the “al akhilat matza” blessing before eating this amount, for the standard measure is so well founded that it is not considered the sort of uncertainty that causes the berakha to be canceled.^[20]

[20]. The size of a kezayit is a very long topic and is explained in Peninei Halakha: Berakhot 10:5-6 and in the accompanying volume of Ḥarhavot. This is an abridgement of that.

SA 486:1 rules that regarding the requirement to eat matza, we follow Tosafot that a kezayit is the size of half an egg’s bulk. SAH (486:1) states that for Torah commandments, one must be stringent and follow Tosafot, but for rabbinic mitzvot, such as eiruvin, one may follow the lenient opinion of Rambam, who maintains that a kezayit is slightly less than a third of an egg’s bulk. MB 486:1 states that when it comes to reciting a berakha, for example, a berakha aḥarona, which is only required if one eats a kezayit, one must follow Tosafot, since we are lenient whenever there is uncertainty in the laws of berakhot. Le-khatḥila one should not invite an ambiguous situation, and should eat either less than one third of an egg’s bulk, in which case he would be exempt from a berakha aḥarona, or more than half an egg’s bulk, in which case he would be required to recite a berakha aḥarona according to all opinions. Regarding matza, therefore, one must be stringent and follow the opinion of Tosafot. Similarly, one must follow the opinion of Tosafot vis-à-vis maror, since we recite a berakha on it. On the other hand, when it comes to the requirement to eat a kezayit of korekh and the requirement to eat a kezayit of afikoman, one may be lenient and follow Rambam.

The view of Noda Bi-Yehuda is explained in BHL 271:13. MB (486:1) states, based on Sha’arei Teshuva, that regarding Torah commandments, including mitzvot like kiddush with a basis from the Torah, one should be stringent and follow Noda Bi-Yehuda. On the other hand, vis-à-vis rabbinic mitzvot like the four cups of wine, one need not follow Noda Bi-Yehuda. MB (ibid.) also states that regarding berakha aḥarona one need not follow Noda Bi-Yehuda; rather, he should recite a berakha aḥarona after eating the amount of half an egg, as per Tosafot. Sephardim do not show any concern for Noda Bi-Yehuda’s measurements, since the tradition regarding halakhic measurements was passed down, uninterrupted, in the regions near Eretz Yisrael.

There are two opinions within the view that a kezayit is the size of a modern-day egg: according to MB this means an egg with its shell, and according to Ḥazon Ish this means an egg without its shell; the difference between these two opinions is about ten percent.

All of these measurements are based on volume, and only when there are large air pockets is one required to compress the food. The food’s natural texture does not need to be compressed. Therefore, the weight of a kezayit often varies, depending on the density of the food. So states MB 486:3 (Peninei Halakha: Berakhot 10:6).

Based on measurements, it emerged that a kezayit according to Tosafot, which is the size of half a modern-day egg, is at most a third of a machine-made matza. If we multiply this shi’ur based on MB’s stringent explanation of Noda Bi-Yehuda, namely, that a kezayit is the size of a whole egg with its shell, a kezayit is approximately two thirds of a machine-made matza. According to Ḥazon Ish, a bit more than half of a machine-made matza is sufficient. In any case, one who eats two thirds of a machine-made matza fulfills his obligation according to even the most stringent opinions (the weight of a machine-made matza is approximately 33 grams).

After reciting the berakha, one must eat two kezeytim (SA 475:1 citing Rosh and Mordechai). One kezayit is taken from the top, whole matza for the berakha of “ha-motzi,” and one kezayit is taken from the middle, broken matza for the berakha of “al akhilat matza.” BHL questions this ruling, since no other Rishon mentions this. Nevertheless, the custom is to follow SA. However, one certainly does not need to be stringent in measuring the two pieces; therefore, if he ate a kezayit according to the measurement of Noda Bi-Yehuda, he has already fulfilled the obligation to eat two kezeytim according to the accepted measurement (that of Tosafot) and has eaten more than three kezeytim according to the measurement of Rambam.

One who has difficulty eating two thirds of a machine-made matza may eat one third and may recite the berakha of “al akhilat matza,” since, as we already mentioned, technically the halakha follows the accepted measurement (Tosafot), and even regarding berakha aḥarona one need not follow Ḥazon Ish (with the exception of his students and followers). Regarding the practice to eat two kezeytim, we have already mentioned that not all Rishonim agree that this is a requirement; moreover, one third of a machine-made matza contains almost two kezeytim according to Rambam and even more according to the Ge’onim. Therefore, one who eats one third altogether should eat a small piece from the whole matza and a small piece from the broken matza.

24. The Sephardic Custom Regarding a Kezayit

Sephardic Jews customarily do not give any consideration to the Noda Bi-Yehuda/Ḥazon Ish position, because their own tradition about these measurements was handed down in an orderly manner from generation to generation. Even with regard to Torah commandments, they are not concerned about the Ḥazon Ish shi’ur. It follows that the volume of a kezayit does not exceed one third of a piece of machine matza (based on the position of Tosafot that a kezayit is about half an egg).

The above applies when one measures by volume; however, the custom of many Sephardim is to measure the shi’ur by weight, as it is difficult to calculate the volume of each food independently to determine whether one must recite a berakha aḥarona after eating it. After all, foods come in all sorts of shapes and sizes: long and thin, round and square, etc. Some foods contain hollow spaces that are not factored into the volume. Thus, in order to make it easier to calculate shi’urim, the practice of measuring by water weight was adopted. It was thus determined that a kezayit, or half an egg, is equal to 29 grams (a more recent adjustment puts it at 25 grams). In order to eat this amount of matza, one must eat nearly a whole piece of machine matza. In other words, if we calculate a kezayit of matza by weight, it comes out almost three times more than if measured by volume.

Accordingly, one must eat four machine matzot on the Seder night: two after the initial berakhot, one for korekh, and one more for the afikomen. Many Sephardim do so (and some are stringent and eat two matzot for the afikoman).

Yet is it clear that in principle all measurements are by volume, not weight, as several leading Sephardic poskim – R. Ben-Zion Abba Shaul and R. Shalom Messas – have ruled. Since the stringency of measuring matza by weight raises justifiable difficulties and consternation among many participants, we may instruct all Jews, Sephardic and Ashkenazic alike, that a kezayit is a third of a machine matza.^[21]

[21]. The vast majority of Rishonim maintain that shi’urim are calculated by volume. This is the ruling of Yeḥaveh Da’at 4:55 regarding the minimum shi’ur for the tithing of ḥalla. See the addendum “Shi’ur Kezayit” at the back of R. Harari’s Mikra’ei Kodesh part 4 and 6:3. See also Peninei Halakha: Berakhot 10:6, 7 and the Harḥavot ad loc. Nevertheless, Sephardic Aḥaronim customarily calculate a kezayit by weight, as Ḥida writes in Maḥzik Berakha 168:6; see also Kaf Ha-ḥayim (168:45-46 and 486:1, 3) which cites more sources. This is also the ruling of R. Ovadia Yosef and R. Mordechai Eliyahu. Some poskim raise the possibility that shi’urim should be calculated by weight even in principle, since perhaps volume must be calculated after the food has been compressed, and a kezayit of fully compressed food will have the same weight as water. However, it is clear that the practice of measuring by weight was adopted to make calculations easier. Therefore, even one who normally measures by weight may rely on a volume-based measurement for matza. Indeed, R. Ben-Zion Abba Shaul and R. Shalom Messas maintain that one should calculate by volume le-khatḥila.

Additionally, since our custom is to eat two kezayit-sized pieces initially, one must eat two thirds of a machine-made matza. Even according to the weight-based measurement, two thirds of a machine-made matza constitutes a kezayit according to Rambam.

It should be noted that according to the latest calculations of Rambam’s opinion, it emerges that the weight of half an egg is c. 25 grams, not 27, 28, or 29 grams as calculated by those who follow R. Ḥayim Naeh. See Peninei Halakha: Berakhot 10:6, 11. Nevertheless, the key point is that we calculate by volume, and by eating one third of a machine-made matza, one removes all doubt. See Sidur Pesaḥ Ke-hilkhato 2:8:4. Sephardim who eat thick, soft matza may also calculate by volume, since this is the primary halakhic method. However, it is easier to eat a weight-based (25 gm) kezayit of this matza. After the initial berakhot, when we eat two kezeytim, one may use Rambam’s kezayit, which is less than a third of an egg, and c. 30 gm of matza would suffice in this instance.

25. Shi’ur Akhilat Pras?

We have now seen that in order to fulfill the mitzva of eating matza, as well as any other Torah commandment governing eating, one must eat at least a kezayit. One condition must now be added: it is only considered a single act of eating if it is completed within the amount of time it takes to eat half a loaf of bread, or a shi’ur akhilat pras. If one eats half a kezayit, waits ten minutes, and then eats another half a kezayit, it is as if he has only eaten half a kezayit, and hence he has not fulfilled the mitzva (SA 475:6).

In the past, people would bake loaves of bread that would feed one person for a day – half a loaf (a pras) at each of the two main meals.

Our long exile has caused disagreement among poskim over the precise size of a pras: according to Rambam, it is the volume of three eggs, and according to Rashi, four eggs. Several leading Aḥaronim tried to estimate how long it takes to eat a pras, and many views have been offered: nine minutes (Ḥatam Sofer), seven and a half minutes (Arukh La-ner), seven minutes, six minutes, five minutes, and four minutes (R. Ḥayim Naeh and Kaf Ha-ḥayim).

However, all this applies be-di’avad, because le-khatḥila one should eat the matza continuously, and whoever does so certainly fulfills his obligation. In addition, there is no need to look at the clock while eating the matza, because any ordinary person who eats casually but without interruption will certainly finish eating a kezayit within the shi’ur akhilat pras. Even a slow eater, if he does not stop to do other things, will assuredly finish eating a kezayit within a shi’ur akhilat pras, because a pras is eight or nine times the size of a kezayit, and it is inconceivable that one who eats a kezayit without stopping will not finish in the time it takes to eat eight or nine times that amount.^[22]

[22]. According to Rashi, a pras is the size of four eggs, and according to Tosafot, a kezayit is half an egg. Thus, a pras is eight kezeytim. According to Rambam, a pras is the size of three eggs, and each egg is a bit more than three kezeytim. Thus, a pras is just over nine kezeytim. (If we combine Rashi’s pras with Rambam’s kezayit, a pras would come out to be twelve kezeytim. If we combine Rambam’s pras with the kezayit of Tosafot, a pras would be six kezeytim.)

Although some individuals measured and discovered that they could not eat a kezayit of matza within a shi’ur akhilat pras, they only reached this conclusion because they used conflicting measurements. They measured a kezayit according to the most stringent opinion possible – a Ḥazon Ish shi’ur calculated by weight – and on the other hand, they calculated a shi’ur akhilat pras based on the smallest possible measure – Rambam’s shi’ur of three eggs, calculated by volume. These two measurements are contradictory: a Ḥazon Ish kezayit by weight is c. 50 grams, while the three eggs’ volume of matza is c. 54 grams. Since matza is difficult to chew, and a shi’ur akhilat pras is calculated based on the time it takes to eat bread that is easy to chew and swallow, these individuals discovered that they could not finish that kezayit in time. If one wishes to eat two kezeytim, it works out to 100 grams of matza by weight, within the amount of time it normally takes to eat 54 grams of bread; this is impossible. Even according to the Sephardim who do not take the view of Ḥazon Ish into consideration but who measure by weight, two kezeytim by weight work out to c. 58 grams of matza, in the time it takes to eat three eggs by volume, or c. 54 grams. This is impossible during the course of normal eating. Rather, in truth one must calculate the size of a kezayit and the shi’ur akhilat pras using the same standard: if one is stringent regarding the size of a kezayit (and measures it by weight), he must allow himself more time to eat it by calculating the size of an egg based on weight as well, meaning that a shi’ur akhilat pras would be 15 minutes or more.

Therefore, anyone who eats casually, provided that he does not pause or excessively procrastinate in his eating, will certainly be able to finish the kezayit within a shi’ur akhilat pras; thus, there is no need to glance at one’s watch while eating.

Nevertheless, if one paused while eating and did not finish one third of a matza within four minutes, he should act stringently and eat another piece in that time. Logic dictates that since the determination of shi’ur akhilat pras is based on the average person, and since there are so many measurements offered, we should calculate it based on the median of the opinions of the Aḥaronim (6-7 minutes). However, since the mitzva of eating matza is from the Torah, one should follow the strictest opinions. See Peninei Halakha: Berakhot 10:7, 8.

Additionally, according to Minḥat Ḥinukh and Responsa Torat Ḥesed OḤ 32, the shi’ur akhilat pras is determined separately for every food, based on the ease or difficulty of eating it. Accordingly, the shi’ur akhilat pras for matza would be longer than usual, since matza is difficult to chew and swallow. Nevertheless, most poskim who determined a shi’ur akhilat pras understood that it is a fixed standard based on the eating of regular bread.

26. The Procedure of Eating Matza

Hands are now washed with a berakha, and the Seder leader holds up the three matzot and recites the berakha of “Who brings forth bread from the earth” (“ha-motzi leḥem min ha-aretz”). The top and bottom matzot, which are whole, constitute leḥem mishneh. After this berakha, he puts down the bottom matza so that he is left with the whole top matza and the broken middle matza (which represents “leḥem oni” – the “bread of poverty”) and recites the berakha “Who sanctified us with His mitzvot and commanded us concerning eating matza” (“asher kideshanu be-mitzvotav ve-tzivanu al akhilat matza”). Then he takes a kezayit from the upper, whole matza, and a kezayit from the middle matza, and eats them together.

If there are many participants, it makes sense to add more matzot to the bottom matza, so that portions can be given to everybody. Once the Seder leader has finished distributing from the middle, broken matza, he no longer needs to give two kezeytim to the remaining participants, only one kezayit. Only when one distributes portions from the middle matza is it necessary to give a kezayit from the broken matza and a kezayit from the whole matza, but when the broken matza is finished, one gives only a kezayit to each person. However, as we have seen, in order to satisfy the opinion that today’s eggs are smaller than those of the Sages’ time, it is better to give each participant the equivalent of two thirds of a machine-made matza. It makes no difference whether this is given from one matza or from parts of two matzot.

The Seder leader should taste a little bit of the matza before distributing portions, in order to avoid an interruption between the berakha and the eating. After distributing matza to everybody, he reclines and eats two kezeytim with the intention of fulfilling the mitzva.

According to Sephardic custom, the Seder leader dips the matza in salt before distributing it to the participants, just as he does throughout the year. Ashkenazic custom is not to dip the matza in salt, because without salt it appears much more like leḥem oni (SA 475:1).

Some people have a custom of giving each participant three matzot, so that everyone can have a kezayit from a whole matza and a kezayit of a broken matza, and neither the leader nor the participants have to wait to receive matza after the berakha. But many have the custom that the Seder leader distributes matza to everybody, and the fact that everyone eats together and that the Seder leader recited the berakhot on everyone’s behalf enhances the mitzva. Others have a custom to put out three matzot before the head of each household, who distributes portions to his family members. Even though each of these practices is fine, it is best for the head of each household to distribute matza to his family members.

The matza is eaten while reclining. One should have in mind to fulfill the Torah commandment, remembering that it is eaten in commemoration of the matzot our forefathers ate when they left Egypt for freedom.

27. The Mitzva to Eat Maror

The Torah commandment to eat maror on the night of the 15th of Nisan is contingent upon the eating of the Paschal sacrifice, as it states: “They shall eat it with matzot and merorim [plural of maror]” (Bamidbar 9:11). Since we are unable to offer the Paschal sacrifice today, the mitzva to eat maror is now rabbinic (Pesaḥim 120a). We dip the maror in ḥaroset in order to counteract its bitterness, for the maror symbolizes the bitter enslavement. According to many, the idea is not to dip the maror deep into the ḥaroset, but just to barely touch the ḥaroset. If a bit of ḥaroset sticks to the maror, we shake it off the maror, because maror should not be eaten with the sweet ḥaroset (SA 475:1, MB 13 and Kaf Ha-ḥayim 23 ad loc.). After this we recite the berakha “Who sanctified us with His mitzvot and commanded us concerning eating maror” (“asher kideshanu be-mitzvotav ve-tzivanu al akhilat maror”) and eat a kezayit of maror.

The Sages enumerate five types of maror: ḥazeret, tamḥa, ḥarḥavina, ulshin, and maror. Today we are only familiar with two of these: ḥazeret, which is lettuce, and tamḥa, which is horseradish. The Sages stated that the choicest type of maror is lettuce, and its Hebrew name (“ḥasa”) even alludes to the fact that God has mercy (“ḥas”) upon us. They also tell us that the Egyptian enslavement was like maror: just as maror begins soft and ends hard – the stalk starts off soft and later hardens – so too the enslavement began “softly” and became harder and bitterer with time (Pesaḥim 39a).

Some have questioned whether we fulfill the obligation of maror with today’s lettuce, which does not have a bitter taste. Some say that one can fulfill his obligation only with lettuce that has become somewhat bitter. In practice, though, one can fulfill his obligation with lettuce even if it is not bitter, because this was the nature of the bondage: initially the Egyptians enslaved us with gentle words and paid us for our labor, while gradually intensifying the work until it was bitter as gall. The Yerushalmi (Pesaḥim 2:5) likewise tells us that lettuce starts out sweet and then becomes bitter. Thus, it is the custom of all Jews to be scrupulous about this mitzva by using lettuce for maror, because maror need not be bitter when it is eaten; rather, it must be of a species that eventually becomes bitter. Some people add a bit of horseradish to their lettuce so that they taste some bitterness.^[23]

Since lettuce often contains bugs, it should be cleaned and checked thoroughly on Erev Pesaḥ. Nowadays there are ways to grow bug-free lettuce, and it is best to use such lettuce in order to avoid potentially violating the prohibition against eating bugs (Peninei Halakha: Kashrut 24:9-10).

One must eat a kezayit (half an egg’s volume) of maror, and one may estimate this size by sight. As we have learned, some customarily calculate a kezayit by weight, which is about 25 grams. However, with lettuce there is very little difference between a weight- and volume-based kezayit.

[23]. Ridbaz and Ḥazon Ish OḤ 124, commenting on Pesaḥim 39a, questioned the fitness of our lettuce. However, according to most poskim, lettuce is the best type of maror, because the Gemara finds allusions in its name and because it alludes to the enslavement by its very nature – starting off soft and sweet. So state Maharam Ḥalawa and Tashbetz, and this is the ruling in SA 473:5, Pri Ḥadash 472:5, and SAH 472:30. Additionally, according to Raavyah and Hagahot Maimoniyot (quoted by Tur and SA), whatever is mentioned first in the Mishna is the preferable choice for maror, and lettuce (which the Mishna calls “ḥazeret” even though “ḥazeret” in modern Hebrew is horseradish) is in fact mentioned first. Responsa Ḥazon Ovadia §35 expands on this topic.

Another opinion appears in a beraita in Pesaḥim 39a: Any bitter vegetable that exudes latex and has a blanched complexion (i.e., it is whitish-green) is maror. The Rishonim debated this: according to Ri’az, Maharam Ḥalawa, and others, any vegetable that has these characteristics is indeed maror. According to Smak, on the other hand, these characteristics are just features common to the five types of vegetables mentioned in the Mishna, but no vegetable outside what is listed in the Mishna is acceptable for maror. Rif and Rambam do not mention these characteristics, either because they maintain that only the five vegetables listed in the Mishna are acceptable, and these characteristics consequently are meaningless, or because they maintain that we are not experts in identifying these characteristics, so we have no ability to determine what other vegetables are fit for maror. Practically, one who does not have lettuce or horseradish should use another vegetable that has these characteristics, but should not recite a berakha over it, in case we are not adept at identifying these characteristics or it is not one of the five acceptable species. This is the ruling in MB 473:46 and BHL ad loc.

28. Korekh

After eating the maror, we make a sandwich from a kezayit of maror in a kezayit of matza and dip it in ḥaroset. Some people also shake off any ḥaroset that sticks to the maror, as with the eating of maror (MB 475:19). Others do not remove the ḥaroset from the maror in the case of korekh (Kaf Ha-ḥayim 457:32). We then say “zekher le-Mikdash ke-Hillel” (“in commemoration of the Temple, according to Hillel”), and eat the korekh while reclining (SA 475:1). As we learned, a kezayit is about a third of a machine matza.

According to Hillel the Elder, in Temple times the mitzva was fulfilled by eating matza and maror together, as it is stated: “They shall eat it with matzot and merorim” (Bamidbar 9:11). According to the other Sages, people would eat the matza and maror separately. Since no final decision was reached regarding this matter, we follow both practices.

However, even Hillel would concur that today it is impossible to fulfill one’s obligation by eating matza with maror. This is because without the Paschal sacrifice the mitzva to eat matza remains Torah-based, while eating maror is of rabbinic origin. If they are eaten together, the maror, which is rabbinic, will detract from the matza, which is from the Torah. Therefore, one must first eat a kezayit of matza. After this, one eats a kezayit of maror without matza, because the matza obligation has already been fulfilled, and if one eats matza with maror at this point, the taste of the matza, which is no longer a mitzva, will overshadow the taste of the maror, which is a rabbinic mitzva. After fulfilling both mitzvot separately, we put matza and maror together like a sandwich and eat them in commemoration of Hillel’s practice (Pesaḥim 115a and Tosafot s.v. “ella”; MB 475:16). And some say that while it is clear that today, according to Hillel, the matza must be eaten separately, nonetheless, in order to fulfill the rabbinic mitzva to eat maror, it must be eaten with matza. According to this opinion, when we eat the korekh, we are fulfilling the mitzva to eat maror (Pri Ḥadash).

In any event, according to all opinions one should be careful not to talk until he has finished eating korekh. Indeed, it is customary to refrain from talking between the blessing over the matza and that of the maror, until we have finished eating the korekh. It is only permissible to talk about matters related to fulfilling the mitzva.^[24]

[24]. Ha-Seder He-arukh ch. 92 summarizes that according to Hillel, if one erroneously ate each ingredient separately, he does not fulfill his obligation according to Rashbam and Ramban, while according to Tosafot and Ha-ma’or, he fulfills his obligation be-di’avad. As for the Sages’ position, if one ate them together he does not fulfill his obligation according to Rashbam (citing R. Yoḥanan) and Ha-ma’or, but according to Ramban and Rashbam (citing R. Ashi), he fulfills his obligation le-khatḥila.

29. Those Who Have Difficulty Eating Matza

As we have learned, a kezayit of matza is about a third of a machine matza, and on the Seder night we must eat four or five pieces of this size. Le-khatḥila, after the berakhot of “ha-motzi” and “al akhilat matza” we eat two kezeytim: one for “ha-motzi” and one for “akhilat matza,” and in order to fulfill the stringent opinion (Ḥazon Ish), which maintains that a kezayit is twice the accepted size. We eat another kezayit for korekh, and one more for the afikoman, though some practice the stringency of eating two kezeytim for the afikoman: one in memory of the Paschal sacrifice itself, and one in commemoration of the matza that would be eaten with it. In sum, one must eat four kezeytim (the size of one and a third machine matzot), and some are scrupulous and eat five kezeytim (the size of one and two thirds machine matzot).

If one finds it difficult to eat all this matza, he should do his best to eat the initial two thirds of a matza as matzat mitzva, in order to fulfill the mitzva in accordance with all of the different opinions. After this, it is sufficient to eat a fifth of a matza for korekh and another fifth for the afikoman. If even this is difficult, one can eat a third of a matza – a kezayit according to the standard measure – to fulfill the mitzva of eating matza, and recite a berakha over it. In other words, during the entire Seder, he would eat one third of a matza followed by an additional two fifths.^[25]

If one has difficulty chewing the matza – for example, one who has no teeth – he may crumble it up and eat the crumbs (BHL 461:4). If even this is too difficult, he may soak the matza in water before eating it. However, if one boils the matza or soaks it until it dissolves, he does not fulfill the mitzva with it, because it no longer has the taste of matza (SA 461:4, MB 19, 20).^[26]

[25]. I explained the basics of this issue in n. 20 above. We learned there that according to Rambam, a kezayit is slightly less than one third of an egg, while according to Tosafot it is c. half an egg. Since we are stringent and follow Tosafot vis-à-vis Torah commandments, one should eat one third of a matza for every kezayit. However, regarding korekh and afikoman, which are rabbinic mitzvot, if one has difficulty eating a kezayit according to Tosafot he may follow Rambam and eat approximately one fifth of a matza, which is about one third of an egg. Even those who wish to eat two kezeytim for afikoman may suffice with a fifth of a matza, which contains two kezeytim according to many Ge’onim and Rishonim (see Peninei Halakha: Berakhot 10:6) who maintain that a kezayit is the size of an average contemporary olive. Regarding the stringency of eating two kezeytim for the afikoman, one need not adopt the larger measurement of a kezayit.

[26]. It is forbidden, however, to soak the matza in wine, soup, or any other beverage that has a taste, because some maintain that this impairs the taste of the matza. Some maintain that even dipping the matza in such liquids is improper. A healthy person who ate matza soaked in liquid should eat another kezayit of matza (MB 461:18, SHT 32 and Kaf Ha-ḥayim 47-48 ad loc.). Nevertheless, a sick or elderly person who cannot eat the matza even if it were soaked in water may soak it in another liquid if it would help, recite a berakha over it, and eat it (R. Harari’s Mikra’ei Kodesh 7:40 n. 103).

30. Those Exempt from Matza and Maror

One who is incapable of eating a kezayit of matza (one third of a matza) should at least try to eat a portion of matza equivalent to a modern-day olive, because some poskim maintain that this is the true size of a kezayit. However, one may not recite the berakha of “al akhilat matza” over this amount of matza, because many poskim maintain that it is insufficient for fulfilling the mitzva to eat matza. Rather, he should fulfill the obligation to recite a berakha through the berakha of the Seder leader. If one cannot eat even the volume of a modern-day olive, it is still good to eat as much matza as he can, even a small amount.^[27]

Regarding one who knows that eating matza will cause him to become ill or intensify an existing illness but will certainly not threaten his life, the poskim disagree over whether he is obligated to eat matza: according to R. Shlomo of Vilna, such a person is exempt from eating matza on Pesaḥ (Binyan Shlomo §47), whereas according to Maharam Schick, a sick person is only exempt from eating matza where there is mortal danger (OḤ §260). The custom is to rule in accordance with the lenient opinion. (Regarding maror and the four cups of wine, which are rabbinic mitzvot, there is a consensus that one who will be consigned to bed if he eats them is exempt, as explained in section 7.)

According to this, most people who suffer from celiac disease must eat a kezayit of matza on the Seder night, because a kezayit of matza will not cause them to become sick. Even if it will cause one to suffer somewhat, this is not considered sickness. However, people who suffer from severe celiac disease, and who know that they are liable to have a strong reaction to matza, are exempt from the mitzva of eating matza. Nowadays one can find matzot made from oats, which is better for people with celiac disease.^[28]

[27]. It is implied by many Ge’onim and Rishonim that a kezayit is the size of today’s common olive, or c. 7.5 cubic centimeters. It is further attested that R. Ḥayim Volozhiner and the author of Avnei Nezer ruled according to this opinion. (See Peninei Halakha: Berakhot 10:5-6 and in the Harḥavot.) Nevertheless, the standard ruling is to be stringent and follow the opinion of Tosafot that a kezayit is half an egg, as explained in n. 20. Even if one cannot eat the requisite amount of matza according to any opinion, he should at least taste some matza, as per Maḥzik Berakha §475 and AHS 477:3. MB 473:43 states the same idea regarding maror.

[28]. For the definition of one who is exempt due to illness, see R. Frank’s Mikra’ei Kodesh 2:32, which cites two opinions. Ḥazon Ovadia 1:33 and Tzitz Eliezer 14:27 are lenient. This is also what R. Harari writes in Mikra’ei Kodesh ch. 7 n. 110, in the name of Rav Mordechai Eliyahu.

31. The Time for Eating the Matza, Maror, and Afikoman

The matza and maror must be eaten by midnight (the midpoint of the night, regardless of the time on the clock), and le-khatḥila, even the afikoman should be eaten before midnight. One who did not manage to eat the matza and maror before midnight should eat them after midnight without a berakha.

The basis for this law lies in a dispute between two Sages of the Mishna, R. Elazar b. Azarya and R. Akiva. According to R. Elazar b. Azarya, the Paschal sacrifice could be eaten only until midnight, and no later, because it was at midnight that the firstborns of Egypt were struck down, and the Egyptians began frantically trying to send the Israelites out of Egypt. According to R. Akiva, the matza may be eaten all night, until dawn, because it was at this time that the Israelites hurried to leave Egypt (Pesaḥim 120b).

From a spiritual perspective, we must explain that the offering and eating of the Paschal sacrifice revealed the unique quality of Israel, and this therefore constituted a preparation for the redemption. Accordingly, the meat of the korban Pesaḥ is eaten each year until the time of the redemption’s onset. The question is: Which phase of redemption determines the time to stop eating the Paschal sacrifice? According to R. Elazar b. Azarya, the redemption started at midnight, when the firstborns of Egypt were struck down, for it was then that Egyptians’ power was broken and they could no longer enslave us. Therefore, the Paschal sacrifice is eaten until midnight. However, according to R. Akiva, the complete redemption did not arrive until morning, when we went forth to freedom. Therefore, the entire night is a preparation for redemption, and it follows that one may eat the meat of the korban Pesaḥ all night.

Let us now return to the halakha. The time for eating the Paschal sacrifice also determines the time for eating matza and maror, because matza and maror were eaten together with the Paschal sacrifice, as it is stated, “They shall eat it with matzot and merorim” (Bamidbar 9:11). It follows that the time for eating matza is the same as the time for eating the Paschal sacrifice. The afikoman, which is eaten in commemoration of the korban Pesaḥ, must also be eaten at a time that is appropriate for eating the Paschal sacrifice.

Leading Rishonim disagree about which opinion to follow in practice. According to Rambam and Itur, the halakha follows R. Akiva, because, as a rule, we follow R. Akiva whenever he takes issue with one of his contemporaries. Thus, the korban Pesaḥ may be eaten throughout the entire night, and by extension so can matza, maror, and the afikoman. On the other hand, Rabbeinu Ḥananel and Rosh maintain that because the Mishna, in several places, states without dissent that the time for eating the korban Pesaḥ is until midnight, we may conclude that R. Yehuda Ha-Nasi, who compiled the Mishna, rules that on this issue the halakha follows R. Elazar b. Azarya.

Since this issue is subject to dispute, a kezayit of matza must be eaten before midnight, because according to those who maintain that the Paschal sacrifice may be eaten until midnight, eating it after midnight fails to fulfill the Torah commandment. Since the destruction of the Temple, maror has been a rabbinic enactment, and although we generally follow the lenient opinion with regard to rabbinic laws, maror must nevertheless be eaten before midnight since we recite a berakha over it. If circumstances prevented one from eating the matza and maror before midnight, he should eat them after midnight, in order to fulfill the mitzva according to R. Akiva’s opinion. However, he should not recite the berakhot of “al akhilat matza” and “al akhilat maror” over them so as to avoid reciting a berakha in vain (“le-vatala”) according to the opinion of R. Elazar b. Azarya (MB 477:6; Kaf Ha-ḥayim 10 ad loc.).

Regarding the afikoman as well, le-khatḥila one must take care to eat it before midnight, in order to fulfill the mitzva according to all poskim (SA 477:1). Similarly, Hallel should also be completed before midnight le-khatḥila, because it is connected to the telling of the Exodus story, which must be told at a time appropriate for eating matza (Rema ad loc.).

There were Torah scholars who, le-khatḥila, ate the afikoman after midnight, reasoning that the afikoman is a rabbinic enactment and we may thus rely upon the lenient opinion that it may be eaten after midnight. However, with regard to the initial kezayit of matza, which is a Torah commandment, and the maror, over which we recite a berakha, one may not adopt the lenient position and eat them before midnight.^[29]

[29]. On three occasions, the Mishna quotes the opinion of R. Elazar b. Azarya anonymously and without dissent – Berakhot 2a, Pesaḥim 120b, and Zevaḥim 56b – and R. Akiva’s opinion anonymously and without dissent only once, in Megilla 20b. Rosh (Pesaḥim 10:38) wonders how that single mishna in Megilla could outweigh the three mishnayot that follow the opinion of R. Elazar b. Azarya. Consequently, Rosh says that although R. Akiva maintains that on the Torah level, the mitzva of eating the korban Pesaḥ applies all night, he concurs that, on the rabbinic level, one must finish eating it before midnight. Therefore, Rosh states that one must eat the afikoman before midnight, and this is the ruling of SA 477:1. However, it is said that Ḥatam Sofer, Netziv, and other great scholars were not scrupulous about finishing the afikoman before midnight. Since this is a dispute about a matter of rabbinic law, one may be lenient. Even SA might mean that one should finish the afikoman before midnight le-khatḥila, but it is not an absolute requirement. Responsa Avnei Nezer §381 recommends that one who is in the middle of his meal and sees that midnight is approaching should eat a kezayit of matza while reclining and make the following stipulation: if the halakha follows the opinion of R. Elazar b. Azarya, this kezayit should be the afikoman, but if the halakha follows R. Akiva, the kezayit that will be eaten after the meal (at its normal place in the meal) should be the afikoman. This stipulation is based on a novel interpretation: the requirement that the taste of the matza remains in one’s mouth only applies during the time of the mitzva, which according to R. Elazar b. Azarya ends at midnight. Thus, according to R. Elazar b. Azarya, one would be able to continue eating after midnight, when the time for the mitzva of afikoman ends.

However, one certainly must ensure that he eats a kezayit of matza before midnight, since eating a kezayit of matza is a Torah commandment, and hence one must be stringent. One must even be stringent vis-à-vis the mitzva of maror, since he cannot recite the berakha on it after midnight, as explained in MB 477:6 and BHL ad loc. Responsa Mishkenot Yaakov §139 and other Aḥaronim attempt to prove that the halakha follows Rambam. Nonetheless, the law still remains unclear, so one should not recite the berakhot on matza or maror after midnight and must likewise take care to fulfill the Torah obligation of matza before midnight. MB further states that if one begins late and does not have time to complete the recitation of the Hagada before midnight, he should eat the matza and maror, with berakhot, right after kiddush, and then recite the Hagada. Kaf Ha-ḥayim 477:10 echoes this idea, but rules that one may not recite the Birkat Ha-ge’ula (just before the second cup) after midnight, since we are lenient in a case of uncertainty regarding berakhot. See Ḥazon Ovadia vol. 2 p. 166, which agrees with MB and rules that one may recite Birkat Ha-ge’ula after midnight. Regarding the concluding berakha of Hallel, MB 477:7 and SHT 6 ad loc. cite Ḥok Yaakov that one may recite it after midnight.

32. Meal Customs: Roasted Foods, Eggs

During the time of the Mishna, some communities had a custom to refrain from eating roast meat on Pesaḥ night, since it would look like they were eating the meat of the Paschal sacrifice – which must be roasted – outside the precincts of Jerusalem. Elsewhere, people did eat roast meat on Pesaḥ but did not roast a whole lamb, which would really look like offering the korban Pesaḥ outside the Temple. The Sages stated that each custom is valid: where the custom is to refrain from roasted meat, one should not eat it, and where the custom is to eat it, one may (Pesaḥim 53a). In practice, Yemeni Jews customarily eat roasted meat on Pesaḥ night, but all Ashkenazim and most Sephardim customarily prohibit roasted meat on Pesaḥ night (Ben Ish Ḥai, Year One, Tzav 30; Ḥazon Ovadia p. 175). We shall now specify the details of this prohibition:

The prohibition against roasted meat applies to all types of meat, even from species that could not be used as the korban Pesaḥ, such as beef and fowl. However, one may roast foods that do not require ritual slaughtering, such as fish and eggs (SA 476:2). Though the meat of the Paschal sacrifice was roasted over the fire and not in a pot, pot roast is nevertheless forbidden, because it looks like meat roasted over fire. It is likewise forbidden to eat meat that was first cooked and then roasted, because it looks roasted. However, meat that was first roasted may be cooked and eaten on the Seder night, because it looks cooked (MB 476:1; Kaf Ha-ḥayim 4 ad loc.).^[30]

Some have a custom to eat eggs during the Seder meal in order to recall the destruction of the Temple, as eggs are a sign of mourning, and because the first day of Pesaḥ always falls on the same day of the week as Tisha Be-Av (Rema 476:2). The Vilna Gaon explains that eggs commemorate the pilgrimage sacrifice (korban ḥagiga) that was eaten on the Seder night before the korban Pesaḥ. Therefore, the custom is to eat the egg from the Seder plate during the meal, as it is placed there to commemorate the korban ḥagiga (MB 476:11; Kaf Ha-ḥayim 25-26 ad loc.). Some people refrain from eating the egg from the Seder plate in order to keep the plate intact; they eat it on the following day (Ma’amar Mordechai 473:1). However, the widespread custom is to eat the egg from the Seder plate at the Seder.

As on any other Yom Tov, a distinguished feast should be prepared for the Seder night, with fine silverware and festive delicacies. One may drink wine during the meal; this is not considered adding to the four cups. However, one must be careful not to eat and drink too much, so that he has the strength to eat the afikoman with an appetite at the end of the meal (see the next section) and because one must be able to continue reciting the Hallel and the concluding songs and continue recounting the story of the Exodus.

[30]. Grilled and smoked meats are considered roasted and are prohibited. Regarding baked meat, there is a dispute about whether it is considered roasted (R. Harari’s Mikra’ei Kodesh, p. 488), and one who wishes to be lenient may do so. According to most poskim, frying is not like roasting. So states AHS 486:4.

33. Tzafun – the Afikoman

After the Seder meal, we eat a kezayit (about a third of a machine matza) of the broken matza that was set aside at the beginning of the Seder. This matza is called the afikoman. After eating the afikoman, we do not eat anything else until we go to sleep, so that the taste of the matza lingers in our mouths (SA 477:1, 478:1). If the afikoman set aside at the beginning is not big enough to give each participant a kezayit, the Seder leader gives each participant a small piece of the afikoman together with additional shemura matza to constitute a kezayit. If there is not enough afikoman to give even a small piece to each participant, the leader may give out shemura matza to be eaten as the afikoman. Likewise, if the afikoman was lost, one may use a different piece of shemura matza instead (Rema 477:2).

One may drink water after eating the afikomen, because the prohibition of eating after the afikoman is to ensure that its taste stays in the mouth, and since water has no taste, one may drink it after eating the afikoman (SA 478:1, MB 2 ad loc.).

The word “afikoman” originally meant “dessert”. On the night of the 15th of Nisan, the last thing one eats must be the meat of the Paschal sacrifice, so that its taste lingers with us, as the Mishna states: “after the Paschal sacrifice, we do not conclude with dessert (afikoman)” (Pesaḥim 119b).

Since we can no longer offer the korban Pesaḥ, the Sages ordained eating matza at the end of the Seder to commemorate the korban Pesaḥ. So that the taste of this matza remains in our mouths, nothing may be eaten after it. Since this matza is the final course of the Seder, it is in essence dessert. Therefore we call it “afikoman.”

Since the afikoman commemorates the korban Pesaḥ, and just as the Paschal sacrifice was eaten “while satisfied” (“al ha-sova”), so too the afikoman must be eaten while satisfied (SA 477:1). “Al ha-sova” means that one is already satiated but still wants to eat more. However, if one is so full that his appetite is gone, he does not fulfill the mitzva in the ideal manner, since he would prefer not to eat any more. If one is so stuffed that food is repugnant to him, but he nonetheless forces himself to eat the afikoman, he is engaged in “akhila gasa” (gross overconsumption), which is not considered eating; one does not fulfill the mitzva of eating the afikoman by eating in this manner (MB 476:6, Kaf Ha-ḥayim 17 ad loc.).

The afikoman must be eaten in one place, because it commemorates the Paschal sacrifice, which had to be eaten in one place, as it is stated (Shemot 12:46): “It should be eaten in one house” (Rema 478:1, MB 4 ad loc.).

34. The Afikoman: Two Reasons, Two Kezeytim

As we have seen, according to most authorities the afikoman commemorates the Paschal sacrifice, which was eaten at the end of the meal (Ha-ma’or, Ramban, Or Zaru’a, Rosh, etc.). However, according to several major Rishonim (Rashi, Rashbam), the afikoman is actually the fulfillment of the fundamental mitzva of eating matza, which, they explain, must be eaten at the end of the meal along with the korban Pesaḥ. Since the Paschal sacrifice had to be eaten while satisfied, so must the matza. And even though we recite the berakha over the matza at the beginning of the meal, in their opinion the basic intention to fulfill the mitzva to eat matza must be at the end of the meal, when the afikoman is eaten.

Le-khatḥila, it is good to have both of these reasons – to commemorate the korban Pesaḥ and to fulfill the mitzva of eating matza – in mind while eating the afikoman. According to both opinions, the afikoman must be eaten while reclining to the left. However, if one forgets to recline, there is a difference between them: According to the opinion that the afikoman commemorates the korban Pesaḥ, one need not eat another afikoman while reclining. According to the opinion that the afikoman fulfills the mitzva of eating matza, reclining is a sine qua non. Therefore, if one forgot to recline while eating the afikoman, he should preferably eat a second one while reclining. However, if one is full and will have a hard time eating another kezayit of matza, he need not eat the afikoman a second time; he may rely on the mainstream opinion that the afikoman commemorates the korban Pesaḥ. Moreover, even according to Rashbam, since one intended to fulfill the mitzva of eating matza at the beginning of the meal, he has fulfilled his obligation even though, for Rashbam, that was not the proper time to have such intention. Therefore, failing to recline while eating the afikoman does not disqualify the fulfillment of the mitzva.

Some have a custom to eat two kezeytim of the afikoman, either because they want to show how desirable the matza is and thus eat a sizable portion to become fully satiated (Maharil), or because they want to allude to both reasons for eating the afikoman: one kezayit commemorates the korban Pesaḥ and another fulfills the mitzva to eat matza (Baḥ). However, this is not obligatory, and if one does not want to eat two kezeytim, he may eat just one and still keep both reasons in mind.

We have seen that, in simplistic terms, a kezayit is about a third of a machine-made matza, and two kezeytim are about two thirds. This calculation is based on the stringent view (Tosafot) of the size of a kezayit. But since eating the afikoman is a rabbinic mitzva and there is disagreement about whether one must eat a second kezayit, one may fulfill the mitzva of afikoman by eating one kezayit of one third of a matza and, if necessary, one fifth of a matza. We have already learned that whoever eats the matza without interruption will certainly finish it within a shi’ur akhilat pras.^[31]

[31]. SA states that one must eat a kezayit of matza for afikoman. Darkhei Moshe quotes Maharil that one must eat two kezeytim for afikoman, and similarly, MB states in 477:1 “le-khatḥila, it is best to take two kezeytim.” This is also the opinion of Kaf Ha-ḥayim 477:1. Sefer Ha-ḥinukh §21 implies that one can fulfill his obligation with less than a kezayit, and AHS 477:3 states that in an extreme situation one may use less than a kezayit, since the afikoman is only intended to commemorate the korban Pesaḥ. Several Aḥaronim write that one can have in mind to fulfill both intentions with just one kezayit.

Regarding the size of a kezayit, see above section 23 and nn. 20 and 25; in cases of uncertainty regarding Torah commandments or mitzvot that require berakhot we follow the stringent view of Tosafot – that a kezayit is the volume of half an egg – but vis-à-vis rabbinic mitzvot over which no berakha is said, like eating the afikoman, one may follow the lenient view of Rambam that a kezayit is less than one third of an egg, or c. one fifth of a machine matza. When necessary, one even satisfies the requirements of the enhanced practice of eating two kezeytim with the smaller kezayit, as we have seen that according to many Ge’onim and Rishonim a kezayit is the size of our common olive, and one fifth of a matza contains several kezeytim by this standard. Regarding shi’ur akhilat pras, see above section 25 and n. 22.

See section 25 for a discussion of the measurement of akhilat pras; in general, the most stringent opinion is that the time of akhilat pras is four minutes, and the median opinion is that it is between six and seven minutes. Since afikoman is a rabbinical decree and no berakha is recited on it, one can eat the afikoman in 6-7 minutes, and even if he ate it in nine minutes, he fulfills his obligation, since we follow the lenient view in an unclear situation vis-à-vis rabbinic mitzvot with no berakhot.

35. Hallel, the Great Hallel, and the Concluding Berakha

After Birkat Ha-mazon, we drink the third cup of wine and then pour the fourth cup, over which we recite Hallel and “the Great” Hallel (“Hallel Ha-gadol”).

Before Hallel we recite the paragraph “Shefokh Ḥamatkha” (“Pour Your wrath upon the nations that know You not…”). Some have the custom to open the door at this point, to demonstrate that, on this night, we are protected against destructive forces and not afraid of our enemies. By virtue of this faith, the Mashi’aḥ (Messiah) will come and pour out his wrath upon the wicked enemies of Israel (Rema 480:1). Some have a custom to stand while reciting Shefokh Ḥamatkha (AHS ad loc., and this was the practice of Rav Kook). After reciting Shefokh Ḥamatkha, we close the door.

We then continue with the second part of Hallel (see above, section 20). There is a mitzva to recite certain verses (Tehilim 118:1-4, 24-25) in reader and response format; the Seder leader recites the verse first, and the remaining participants respond. Le-khatḥila there is a mitzva to ensure that three adults are present in order to recite the verses in this manner (Rema 479:1). However, an individual fulfills the mitzva even by reciting Hallel alone. If only two people are present, they should recite the verses together (MB 479:10-11).

After this, we recite the Great Hallel (chapter 136 of Tehilim) followed by Nishmat Kol Ḥai (“The Soul of All Life”) and the concluding berakha. There are different opinions regarding the formula of the concluding berakha: Sephardim close with the paragraph “Yehallelukha,” which concludes the normal recitation of Hallel. Ashkenazim close with “Yishtabaḥ,” which concludes the psalms of praise recited at Shaḥarit (see section 31 above, where we learned that it is better to complete this berakha by midnight). Following this, we sing various songs composed in the era of the Rishonim.

Simplicity dictates that the fourth cup should be drunk right after the concluding berakha of Hallel, which also concludes the Seder that was instituted by the Sages in the times of the Mishna, and that the songs and poems that follow are merely a custom. Nevertheless, some drink the fourth cup after singing a few of these additional songs, so that they too are sung over a cup of wine and are thus included in the Seder (see MB 480:6). Each family should continue its own tradition.

Sephardic custom is not to recite “ha-gefen” before the fourth cup, whereas Ashkenazic custom is to recite it (see section 21 above). After the fourth cup, the berakha aḥarona of “Al Ha-gefen” is recited.

36. The Fifth Cup – Eliyahu’s Cup

A significant uncertainty arose concerning the fifth cup. Some say that there is an extra special mitzva to drink a fifth cup; the fourth cup should be drunk at the end of the Hallel and the fifth cup after the concluding berakha. Others say that the fifth cup is merely the Sages’ recommendation for one who wishes to continue drinking after the fourth cup. Still others say it is forbidden to drink a fifth cup.^[32]

The customary practice is not to drink a fifth cup, though the custom is to pour it and to call it “Eliyahu’s Cup.” The Vilna Gaon explains how it got this name: when there is an uncertainty that cannot be resolved, we believe that when the prophet Eliyahu returns as a harbinger of the messianic era, he will resolve it. Thus, we pour a fifth cup in his honor, and when he arrives he will tell us if we must drink it.

We can interpret this issue in a deeper way as well. The Sages instituted the four cups to signify the four expressions of redemption used in reference to the Exodus from Egypt: “I will rescue you…I will save you…I will redeem you…I will take you…” (Shemot 6:6-7). An additional expression of redemption is mentioned there: “I will bring you to the land” (ibid. 8). However, since this does not relate to the Exodus itself, the Sages do not obligate us to drink a corresponding fifth cup. They tell us, however, that there is a mitzva to drink a fifth cup in order to allude to the complete redemption, which begins with our entry into Eretz Yisrael.

It could also be that the uncertainty about the fifth cup stems from the question as to whether it is proper to drink a fifth cup after the destruction of the Temple and during the long exile. Perhaps after the Temple’s destruction we can only celebrate with those cups that allude to our Exodus from the Egyptian bondage, since this will forever distinguish us. Even when the nations of the world subjugate our bodies, our souls remain eternally free; ever since the Exodus, it has been clear that we are God’s uniquely chosen people, that we received the Torah, and that all the hardships that have come upon us have not broken our faith in God, our Redeemer. Therefore, we drink four cups of wine corresponding to the four expressions of redemption from Egypt. The fifth cup, though, does not correspond to our emancipation alone; rather, it alludes to the complete redemption, which depends on our entry into Eretz Yisrael, where the word of God is revealed in all spheres of life, through the Torah and prophecy, and through God’s blessing, which inheres in the building of the nation and the land. This notion of the Temple is that it joins heaven and earth and reveals the divine unity that nourishes everything. Indeed, the number five alludes to the inner, unifying point at the center of the four compass directions. The uncertainty about the fifth cup lies in the question: Is it fitting, in light of the Temple’s destruction, to drink the fifth cup, which alludes to the complete redemption?

The solution is to pour a fifth cup but not drink it as part of the Seder until Eliyahu appears. His very appearance will show us that the time has come to drink the fifth cup, celebrating our complete redemption.

The custom is to pour Eliyahu’s Cup after drinking the third cup; when we pour the fourth cup for everybody, we pour a cup for Eliyahu as well. The custom is to leave Eliyahu’s Cup covered until morning, when we pour the wine back into the bottle and then use it for the morning kiddush.^[33]

[32]. According to the text of the Bavli used by Rashi and Rashbam, the Gemara does not relate to a fifth cup at all, so clearly it would be forbidden to drink it, as one may not add to the number of cups. However, according to the text of Rabbeinu Ḥananel, Rif, and Rambam, a beraita in Pesaḥim 118a states: “One recites Hallel Ha-gadol over the fifth [cup] – these are the words of R. Tarfon.” According to Ha-ma’or, R. Tarfon disagrees with the mishna (Pesaḥim 99b) that obligates giving paupers enough money to buy four cups of wine, implying that there is no fifth cup; the halakha would follow the mishna, as it is anonymous and does not acknowledge dissenting opinions. Rosh explains that according to Rif’s text, R. Tarfon deems the fifth cup obligatory, while for the Sages it is optional. According to Ran, there is no dispute; rather, there is an obligation to drink four cups, but one may – and perhaps even must – drink a fifth. Raavad (in his glosses to Ha-ma’or) states, and Rambam implies, that it is a mitzva to drink a fifth cup. Mordechai states that the main obligation is to drink four cups, but the Sages made an allowance for those who wish to drink more wine, that they may recite Hallel over the fourth cup and Hallel Ha-gadol over a fifth. This is what Rema states in 481:1, but SA does not mention a fifth cup at all, which implies that SA accepts the view that prohibits drinking a fifth cup (Kaf Ha-ḥayim 481:6).

[33]. Some have the custom of pouring the wine from Eliyahu’s Cup back into the bottle right after the Seder (this is the custom of Chabad). Others have the custom to add the wine from Eliyahu’s Cup to the fourth cup.

I wrote that the fifth cup alludes to a higher level. This is what Maharal wrote in Gevurot Hashem at the end of a brief section on the laws of Pesaḥ. He cryptically states that the fifth cup symbolizes livelihood that comes from God. See R. Goren’s Torat Ha-Shabbat Ve-hamo’ed, pp. 145-154, where he explains that the fifth cup represents the mitzva of settling Eretz Yisrael, which requires total devotion on our part. R. Goren states that the fifth cup is not an obligation because it is on a higher level than ordinary obligations. He encourages drinking the fifth cup nowadays, since we are actively involved in settling Eretz Yisrael.

37. Drinking Coffee or Juice after the Seder

We have learned that the Sages ordained the afikoman at the end of the Seder to commemorate the korban Pesaḥ, which was eaten “while satisfied.” Just as it was forbidden to eat any other food after the Paschal sacrifice, so that its taste lingered, so too the Sages forbade eating after the afikoman.^[34]

It is also forbidden to drink wine after the afikoman, for several reasons. If one has not yet finished reciting the Hagada, he might become intoxicated and be unable to finish reciting Hallel properly; furthermore, by drinking an additional cup of wine, one will appear to be adding to the number of cups instituted by the Sages.

It is even forbidden to drink wine after the Seder, because there is a mitzva to delve into the laws of Pesaḥ and the Exodus story until one is overcome with sleep, and if one drinks wine or some other intoxicating beverage, he will not be able to do so (Rabbeinu Yona, Rosh). Furthermore, even though the Seder is over, if one drinks additional cups of wine he may still appear to be adding to the cups instituted by the Sages, or starting a new series of cups (Ramban, Ran).

Some poskim maintain that it is even forbidden to drink coffee or juice after the afikoman until one goes to sleep, because any flavored food or drink weakens the taste of matza in one’s mouth, so just as it is forbidden to eat after the afikoman, so is it forbidden to drink anything flavored. To be sure, we drink two more cups of wine after the afikoman, but since these are part of the mitzva, they are not deemed to weaken the taste of the mitzva. According to this view, only water may be drunk after the Seder.

In contrast, many poskim permit drinking coffee or juice, for only food is deemed to weaken the taste of the afikomen; beverages are not included in the prohibition.

In practice, if one wishes to drink coffee or juice after the Seder, he may, as this is the view of most poskim. Le-khatḥila, though, one should be stringent and avoid drinking anything except water. If one wishes to drink coffee so that he will be able to continue delving into the laws of Pesaḥ and the Exodus story, he may do so even le-khatḥila.^[35]

[34]. If one accidentally ate after the afikoman, as long as he did not recite Birkat Ha-mazon he should eat another piece of shemura matza for afikoman (MB 478:1). If he already recited Birkat Ha-mazon, he need not re-wash his hands and eat another afikoman (MB 478:12).

[35]. According to Ha-ma’or and several other Rishonim, once the Seder has ended, one may drink more wine, even if it will cause him to become intoxicated. Conversely, Mordechai and Hagahot Maimoniyot record a view that even drinking water is forbidden. Most Rishonim maintain that the prohibition is to drink wine or ḥamar medina, lest he become intoxicated and be unable to continue delving into Pesaḥ topics (Rosh), or lest he appear to be adding on to the four cups (Ramban). Some poskim follow Rif and Mahari Weil, who maintain that one is only permitted to drink water, since water has no taste and will not ruin the aftertaste of the afikoman. Accordingly, Knesset Ha-gedola and Ma’amar Mordechai prohibit drinking coffee or other flavored drinks after the Seder. In contrast, some Aḥaronim maintain that that even according to Mahari Weil one may drink a beverage with a weak taste, and the prohibition is only on drinking beverages that have a strong flavor. So states MA 481:1. According to this, the status of coffee requires clarification. Regardless, according to most Rishonim, one may drink coffee or juice, since these drinks do not intoxicate and drinking them does not look like adding to the four cups. It is attested that Ḥatam Sofer would drink coffee after the Seder every year. According to SAH (481:1), MB (481:1), and Ben Ish Ḥai (Tzav 35), one should preferably be stringent and refrain from drinking coffee and flavored drinks, but they permit it when there is a great need. As I have written, if by drinking coffee one will be able to study Torah, he should certainly drink coffee, even le-khatḥila.

According to Ḥok Yaakov 481:1, since the main reason not to drink strong beverages is to avoid drowsiness, once one is drowsy he may even drink alcoholic beverages. Many Aḥaronim cite this view. SAH (481:1) also quotes this opinion, and adds that according to those who prohibit drinking because the beverages ruin the taste of the afikoman, the prohibition applies all night. Accordingly, it is clear that one may not eat throughout the night, since that would certainly ruin the aftertaste of the afikoman. In an extreme situation, one may be lenient based on the opinion of Avnei Nezer (OḤ 381), which maintains that according to R. Elazar b. Azarya, since the time for eating the korban Pesaḥ (and the afikoman) ends at midnight, the prohibition against eating afterward ends at midnight as well. Therefore, in extenuating circumstances, since this is only a rabbinic injunction, one may rely on Avnei Nezer’s explanation of R. Elazar b. Azarya’s view.

According to the custom of Sephardim, who do not recite a berakha on the fourth cup of wine, one who wishes to drink water between the third and fourth cups does not recite a berakha on it (provided that he had in mind to drink water or the water was in front of him), since the berakha on the third cup covers the fourth cup and any other beverage. According to Ashkenazic custom, the berakha on the third cup does not cover the fourth cup; therefore, if he already poured the fourth cup, even if the water is already in front of him, he must recite a berakha (“she-hakol”) before drinking it, as he has already been distracted from the “ha-gefen” that he made on the third cup.

38. The Mitzva to Recount the Exodus and Study the Laws of Pesaḥ All Night

Some have a custom to read Shir Ha-shirim (the Song of Songs) upon completing the Hagada, as it alludes to the love between God and Israel.

Though we have fulfilled our obligation to tell the story of the Exodus by reading the Hagada, there is a mitzva to continue embellishing the story and telling of the miracles and wonders that God did for our ancestors throughout the night of the 15th, until one is overcome with sleep. This mitzva includes studying the laws of Pesaḥ (SA 481:2; Gevurot Hashem ch. 2), but it does not include “pilpul” (talmudic casuistry) (Derashot Ḥatam Sofer p. 265).

It is best not to prolong the recitation of the portion of the Hagada that precedes the meal, because we want the children and all of the participants to remain alert until after the fourth cup. It stands to reason that when the Sages said that it is praiseworthy to prolong the telling of the story of the Exodus, it refers to the rest of the night, after the Seder is over.

If one fears that by staying up late he will be unable to pray Shaḥarit properly, he should nonetheless make and effort to continue relating the story of the Exodus until after midnight (Sidur Yaavetz; Kaf Ha-ḥayim 481:11).

Before going to sleep on Pesaḥ night, it is customary to recite Shema and the berakha of Ha-mapil, but not to read the other verses that are read on all other nights. These verses are recited as a protective remedy against harmful forces, but this night is safeguarded against such forces and opportune for redemption (Rema 481:2; and see Ben Ish Ḥai, Tzav 38).

May it be God’s will that just as we have merited to study the halakhot of the Seder, so may we merit to fulfill them.

Preface

“Halleluyah! I praise the Lord with all my heart in the assembled congregation of the upright.” (Tehilim 111:1)

I thank God for giving me the privilege of learning and teaching Torah. In His great kindness, He has helped me to write about the laws of the Yamim Nora’im, the Days of Awe.

A

As in my previous books, first I discuss generalities and only then go into detail. Within each topic, I first emphasize the underlying principles to which all agree. Thus, the laws are explained clearly and logically from both the halakhic and the philosophical perspectives. (For an illustration of this, see chapter 4, where the laws of teru’a and their significance are discussed.) This methodology makes it clear that often disagreements are not as serious as they may seem at first glance. Examples of such disagreements include the discussion of the time of judgment (1:3-4), the question of what Yom Kippur alone atones for, and what requires repentance as well (chapter 6), the laws pertaining to confession (7:6-7), and the parameters of the mitzva to fast (9:1).

B

The idea of Jewish collectivity is a major theme in the halakhot of the Days of Awe. God chose us from among all peoples to be His special people, designated to manifest His presence and repair the world. The idea of Jewish chosenness is the foundation for repentance and atonement. True, many learned people emphasize the private, individual aspects of repentance. As a result, despite all their intellectual and emotional endeavors, their perspectives remain limited. They ignore the passages of the Seliḥot (penitential prayers), which speak of the redemption of the Jewish people from exile and destruction (below, 2:2-3), as well as the prayers of the Days of Awe, in which the honor of God and Israel are a central theme (3:6). The repentance that we are meant to engage in during the Days of Awe is the repentance of the Jewish people collectively. Just as the Kohen Gadol would confess on behalf of the entire Jewish people, so too, each individual confesses for the entire community, in the plural (7:4). Similarly, in my explanation of the Thirteen Divine Attributes of Mercy, I show that the basis for atonement is embodying and connecting to the attributes through which God is manifested in this world (2:8). I also address the significance of Israel’s unique ability to repent and sustain the world (1:9); the certainty of ultimate repentance (3:4-5); the broader meaning of Yom Kippur (chapter 6); the avoda of the Kohen Gadol (chapter 10); and the special place of the Kodesh Ha-kodashim, which corresponds to the highest level of divine unification (10:2).

It is apparent that the dispersal of the Jewish people across the globe often caused many to neglect the collective basis of repentance and the Days of Awe. However, by studying Torah sources without preconceptions we can see that the roots and foundations of repentance and the Days of Awe lie within the principles of faith in God, the election of Israel, and the promise of redemption, as Rav Kook explains with great elaboration and depth. May it be God’s will that by studying the laws of the Days of Awe and their meaning, we will understand all these fundamental and profound concepts.

C

I still remember walking with my father and teacher, R. Zalman Baruch Melamed, from our home in the Givat Mordechai neighborhood to Yeshivat Mercaz HaRav in Kiryat Moshe on the Days of Awe. Though I was a child, the glorious, awe-inspiring prayers made an indelible impression on me. As long as I could, I prayed there. As the years go by, it becomes clearer to me how deeply its exalted atmosphere continues to influence me. The beit midrash was permeated by the spirit of the yeshiva’s founder, the great luminary of recent generations, our master, Rav Kook, and that of my master and teacher R. Zvi Yehuda Kook. True, R. Zvi Yehuda prayed in the yeshiva’s old building in central Jerusalem, because how could he not pray where his father prayed? Nevertheless, his influence upon those praying in Kiryat Moshe was enormous. I have a vague memory of the prayers of the tzadik, R. Aryeh Levin. On the first day of Rosh Ha-Shana, he led the Musaf service, and on Yom Kippur he led Ma’ariv, Musaf, and Ne’ila. Musaf on the second day of Rosh Ha-Shana was led by R. Mordechai Fromm, a rebbi at the yeshiva and Rav Kook’s grandson-in-law. According to R. Levin, he was recreating the prayers as he heard them in the Volozhin Yeshiva, which trace back to Maharil. After R. Levin passed away, R. Zvi Yehuda asked my father to serve as ḥazan in his place. I heard from our relative, R. Mordechai Sternberg, that the prayers of my father were so similar to the prayers of R. Levin, both in voice and style, that if R. Steinberg closed his eyes it seemed like R. Levin was leading the prayers. My father intoned his prayers in a humble and beseeching manner, like a son trying to appease his father.

In the front, to the right of the ḥazan, sat R. Avraham Shapira, R. Shaul Yisraeli, R. Fromm, and then my father. To the left, facing the ḥazan, was R. Kook’s grandson, R. Shlomo Raanan, may God avenge his blood. I will never forget how he encouraged me to recite together with him the description of the Kohen Gadol’s counting: “One, one and one, etc.” As a child, I wondered about this counting, as it seemed to be very important in light of its prominence in the avoda. As an adult, I continued to wonder about it and its significance. The explanation I offer for it (10:11 below) is dedicated to his memory.

I still remember R. Shabtai Shmueli, the yeshiva’s administrator and one of its first students, chanting “Ha-Melekh” in a trembling voice from his seat, and then walking up to the front to lead Shaḥarit. Later he would also blow the shofar. When he became too weak, my uncle, R. Eitan Eiseman (who walked with us from Givat Mordechai), took his place, becoming the regular shofar blower. My uncle also taught me how to blow the shofar. This provided him with the opportunity to fulfill the words of the Sages: “We do not prevent children from blowing [the shofar on Rosh Ha-shana]. Rather, they may be helped until they learn how to blow” (Rosh Ha-shana 33a; Rema 596:1). I remember the kiddush that the rebbe’im made before Musaf in a classroom with R. Fromm, and the tension in the air in anticipation of the upcoming Musaf prayer.

After Rav Levin passed away, my teacher and master, Rav Shapira, served as the ḥazan for Ne’ila. Following the death of R. Fromm, R. Shapira led Musaf on one of the days of Rosh Ha-Shana as well. When my father moved to Beit El, R. Shapira served as ḥazan for every Musaf. His heartfelt, emotional prayers inspired awe and touched everyone’s heart.

Generally, we prayed Kol Nidrei and Ne’ila in Givat Mordechai. There I had the privilege of praying with laymen, some of whom were Holocaust survivors, and of hearing R. Yehuda Amital zt”l lead the services. His melodies, full of warmth and longing for closeness to God, had an impact on me. Eventually, after R. Amital began to pray at Yeshivat Har Etzion, my father would lead the Ne’ila prayer, which he was doing when the Yom Kippur War broke out and people were called out of synagogue and sent to the front.

When I try to unpack the special atmosphere of Mercaz HaRav, I think that in addition to the enthusiasm found in all yeshivas, there was a unique spirit of earnestness, simple fear of God, tremendous love for all Jews, and idealism. The Torah scholars and students there had a heartfelt connection with soldiers in the army, with settlers making the wastelands of our land flourish, with all the residents of Israel, and with the Jews of the diaspora. Above all, they longed for the dissemination of the Torah of Eretz Yisrael, which would bring redemption to the world. My teacher R. Zvi Yehuda emphasized this in his classes, which I had the privilege of attending during my years in yeshiva.

With this book, I hope to convey some of the inspiration that I was privileged to experience in Rav Kook’s yeshiva during the Days of Awe.

D

Here I wish to thank R. Maor Cayam, who teaches at Yeshivat Har Bracha and who studied with me and supported me throughout. With his talents and diligence, he brought to my attention many sources which helped clarify issues and served as the basis for key explanations and interpretations. He also worked hard preparing the volume of Harḥavot, which provides additional sources and explanations. I also would like to thank R. Bar’el Shevach, who helped clarify various topics, and R. Yonadav Zar, who helped edit the entire book. I thank R. Maor Horowitz for his help in editing the language and content of the book and preparing it for publication. I would also like to thank R. Netanel Rosenstein for writing the index. Thanks to R. Ze’ev Sultanovitch for his advice and enlightening comments. R. Azarya Ariel’s input regarding the avoda of the Kohen Gadol was very helpful, as were R. Yisrael Ariel’s Maḥzor Ha-Mikdash and R. Moshe Odess’s Ve-hashev et Ha-avoda.

It is not easy to translate halakha with precision and clarity. I am thankful to the translator, Dr. Yocheved Cohen, to the primary editor, R. Elli Fischer, to the copy editor, Nechama Unterman, and to R. Maor Cayam for reviewing the halakhic contents in translation.

The students of Yeshivat Har Bracha (current and former) and the members of the Har Bracha community are full partners in this book. Experiencing the Days of Awe with them year after year provided me with the opportunity to develop my thinking about the holidays and to put the pertinent laws into practice. While writing this book, the input of yeshiva students and community members helped me clarify many issues. I presented a first draft of this book in a series of lectures whose audience provided important feedback and insightful comments about its content and formulations. The audience was comprised of Sephardim, Ashkenazim, and Yemenites, enabling me to incorporate a wide range of customs. “I learned much from my teachers, even more from my friends, and most of all from my students” (Ta’anit 7a).

E

I would like to express my heartfelt appreciation to my father and teacher, Rav Zalman Baruch Melamed, Rosh Yeshiva of the Beit El Yeshiva, and to my mother and teacher. They have provided me with the foundations of my Torah and my worldview. Special thanks to my dear wife Inbal, who dedicates all her energy to amplifying and glorifying the Torah and encourages my learning and the publication of my books for the public good. May it be God’s will that we have the privilege to see all our sons and daughters, our grandsons and granddaughters, advance in Torah and mitzvot, establish wonderful families, and increase truth, ḥesed, and peace forever.

Finally, I would like to thank all those who dedicate themselves to the holy task of developing the yeshiva and publishing its books: R. Yaakov Weinberger, the yeshiva’s director; Yoni Buzaglo, responsible for printing and distributing; Avishai Greenstein, responsible for marketing; Nechama Rosenstein, who typesets the volumes (including the one before you) and prepares it for print; Yonaton Behar, who actively maintains the strong English social media presence of Peninei Halakha; and R. Elli Fischer, who manages the relationships with our distributors in the English-speaking world and with Sefaria, the latest channel for accessing Peninei Halakha alongside so many other Torah works. May God grant all who help and facilitate the project the necessary wisdom and strength to succeed in their work. May they be privileged to establish fine families. May God fulfill all their hearts’ desires in the best possible way.

And so may Your name be sanctified, Lord our God, through Israel Your nation and Jerusalem, Your city, and Zion, the dwelling place of Your honor, and through the royal house of David Your anointed, and Your Sanctuary and Your Temple. And so instill Your awe, Lord our God, upon all Your works, and Your dread upon all You have created, and all your works will stand in fear of You, and all of creation will worship You, and they will be bound all together as one to carry out Your will with an undivided heart…. And so grant honor, Lord, to Your people, praise to those who fear You and hope to those who seek You, the confidence to speak to all who long for You, gladness to Your land and joy to Your city, the flourishing of pride to David Your servant, and a lamp laid out to his descendant, Your anointed, soon, in our days.

(From the Amida of the Days of Awe)

Eliezer Melamed

Har Bracha

Av 5780

01. Days of Blessing and Judgment

Each year, God recreates life for every one of His creations. So that His kindness does not reach the wicked, He judges all creatures on Rosh Ha-Shana, granting life and blessing to the good and minimizing them for the wicked. In addition to this being proper and just, it is also necessary to improve the world, for if the wicked were to continue receiving life and blessing, it would reinforce their wickedness, and they would bring harm and curses to the whole world (Shlah).

Thus, the days on which God draws close to His creations and grants them new life are also the days on which He judges them. These are also the times when repentance is most readily accepted, since God is closer to His creations then. Therefore, even though it is appropriate to repent all year round, repentance is more readily accepted during the ten days between Rosh Ha-shana and Yom Kippur. As the verse states: “Seek the Lord while He can be found; call to Him while He is near” (Yeshayahu 55:6). Accordingly, this period is known as the Ten Days of Repentance (Rosh Ha-shana 18a; MT, Laws of Repentance 2:6).

Even though judgment does not begin until Rosh Ha-Shana and the Ten Days of Repentance, it is better to begin thinking about repentance beforehand. This way, by the time the Ten Days of Repentance arrive, we can truly return to God. Additionally, an ounce of prevention is worth a pound of cure. For as a general rule, before a person is called to account for his sins, it is relatively easy for him to express remorse for them, to rectify them by repenting, and to neutralize the charges against him or at least to minimize them. (This is true for human courts as well.) However, once the time of judgment has arrived and the prosecutor has already laid out his case, it is harder to get the charges dropped (Sifrei, Naso §42). Therefore, Jewish practice is to begin repenting in Elul.

Each year anew, we approach these days of repentance with fear and joy. We are fearful because we do not know if we will be vindicated before God, nor what sentence we will receive if found guilty. For many people who were complacent at the beginning of the previous year are no longer alive at year’s end, or are alive but suffering. At the same time, we are joyful because we have the opportunity to return to God through repentance, to pray before Him and offer supplications, to cleanse ourselves of the wickedness that stains us, and to reconnect with the principles we believe in. Even if we are condemned to suffer, this is good for breaking sinful habits, allowing us to improve ourselves and our lives.

Without an annual accounting, the grind of daily life would cause us to forget all the great ideals to which we aspire. Without a vision, we would be overcome by our evil inclination, slaves to our desires, and hostages to our animalistic side. The Days of Awe are our annual reminder of all the great hopes we had, all the topics and books which we wanted to study, and all the good deeds that we wanted to do. We become disgusted with the sins to which we have fallen prey. We are sorry for having committed them, and we confess to them; we re-examine our priorities. All this in hope that the upcoming year will be a good one, during which we will increase our Torah, mitzvot, and good deeds, and dedicate ourselves to improving our families, society, and nation. As a result, we ascend higher and higher each year, improving the world and contributing to it.

02. The Significance of Judgment

The belief that God created and sustains the world is a foundation of faith. Were He to stop infusing the world with life, even momentarily, it would cease to be. God also gave human beings free will. If a person chooses good, he draws down life and blessing upon himself and upon the world. If he chooses evil, he causes suffering and death. This is the judgment according to which God bestows His shefa (a kabbalistic term referring to the bounty or abundance that flows from God to the world) on the world. For when He created the world, He determined that one who draws near to Him will benefit from a shefa of blessing, while one who distances himself will receive less shefa and life, leading to his suffering and death. A person who studies Torah and performs mitzvot clings to God, but one who distances himself from Torah and transgresses its commandments clings to death.

Thus we read:

See, I set before you this day life and prosperity, death and adversity. For I command you this day to love the Lord your God, to walk in His ways, and to keep His commandments, His laws, and His rules, that you may thrive and increase, and that the Lord your God may bless you in the land that you are about to enter and possess. But if your heart turns away and you give no heed, and are lured into the worship and service of other gods, I declare to you this day that you shall certainly perish; you shall not long endure on the soil that you are crossing the Jordan to enter and possess. (Devarim 30:15-18)

God wants us to choose life, as we read:

I call heaven and earth to witness against you this day: I have put before you life and death, blessing and curse. Choose life – if you and your offspring would live – by loving the Lord your God, heeding His commands, and holding fast to Him. For thereby you shall have life and shall long endure upon the soil that the Lord your God swore to your ancestors, Avraham, Yitzḥak, and Yaakov, to give to them. (Ibid. 19-20)

It is only right and just that one who draws near to God, the Source of life and blessing, consequently merits additional life and blessing. In contrast, one who distances himself from the Source of life is moving away from life, and is thus overcome by disease, suffering, and catastrophe.

God gave people a wonderful gift when He granted them free will, as this means the good which they receive from God is theirs justly and by right. This knowledge provides them with joy and satisfaction, as they have earned everything through their own efforts. If God just gifted everything to people, they would not experience the same joy and satisfaction (Ramḥal, Derekh Hashem 1:2).

To that end, God’s judgment must be true, precise, and specific, taking into account each and every deed, each and every word, and each and every thought. True, a person is judged in accordance with the majority of his deeds and is vindicated in judgment if his deeds are mostly meritorious. Nevertheless, he is punished for every sin he does not rectify through repentance. Similarly, even if a person is condemned because most of his deeds are evil, he still receives reward for every mitzva he does. The just King knows how to make these calculations, and He determines when reward and punishment will be meted out (Bava Kama 50a; Ḥagiga 5a).

God wishes to bestow benefit on His creations, as we read, “The Lord is good to all, and His mercy is upon all His works” (Tehilim 145:9). The purpose of punishment is to correct, not to avenge. Punishment in this world is meant to direct a person so that he leaves sin and returns to the proper path, as we read, “The Lord your God disciplines you just as a man disciplines his son” (Devarim 8:5). If one has not repented in this world and is still stained by evil, even if he has merits, he cannot be the recipient of divine goodness. Therefore, he is condemned to suffer in Gehinom, where he is purged of evil. Only then can he ascend to Gan Eden, as we read: “The Lord deals death and gives life, casts down into Sheol and raises up” (1 Shmuel 2:6). Those who are entirely wicked are eradicated in Gehinom (Rosh Ha-shana 17a; Pesikta Rabbati §40; Nefesh Ha-ḥayim 1:12).

03. Times of Judgment

As we have seen (section 1 above), blessing and judgment are linked, for when God bestows life upon the world, He also passes judgment upon it, determining who will be granted life and blessing, and who will not. Since God recreates life on Rosh Ha-shana for the next year, it is the primary time of judgment for the whole world.

Thus, the Sages state, “On Rosh Ha-shana, all of humanity pass before Him like sheep, as we read (Tehilim 33:15), ‘He who fashions the hearts of them all, Who discerns all their doings’” (Rosh Ha-shana 16a). They also state: “Just as a person’s earnings are determined on Rosh Ha-shana, so are his losses” (Bava Batra 10a).

Even though judgment primarily takes place and is inscribed on Rosh Ha-shana, it is sealed on Yom Kippur. Therefore, the days between them are a time for repentance and prayer to improve the judgment. R. Meir states: “All are judged on Rosh Ha-shana, and the verdicts are sealed on Yom Kippur” (Rosh Ha-shana 16a). Similarly, the Sages state: “All of a person’s earnings are determined between Rosh Ha-shana and Yom Kippur” (Beitza 16a).

Even though the judgment is sealed on Yom Kippur, in exceptional circumstances it is still possible to improve or annul it until Hoshana Rabba and Shemini Atzeret. This is because the angels responsible for carrying out sentences receive their instructions then, so it is the final stage of the yearly judgment (Zohar III 33b; Peninei Halakha: Sukkot 6:1).

While Rosh Ha-shana is the general day of judgment for the entire year, the Mishna states that the three festivals are days of judgment for particular features. On Pesaḥ, judgment is passed about grain; on Shavu’ot, judgment is passed about fruit; and on Sukkot, judgment is passed about water (Rosh Ha-shana 16a). Since holy days are a conduit for divine blessing to descend to the world, there is consequently judgment then associated with the blessings they convey. The timing of the holidays reflects natural processes. Sukkot is at the start of winter (the rainy season in Israel), so it is the conduit for the blessing and judgment of water. Pesaḥ is when crops grow, so it is the conduit for the blessing and judgment of the crops. Shavu’ot is when fruit begin to grow and ripen, so it is the conduit for the blessing and judgment of fruit. In other words, on Rosh Ha-shana the general fate of water, crops, and fruit is determined, while the detailed judgment is reserved for later: water on Sukkot, grain on Pesaḥ, and fruit on Shavu’ot (Peninei Halakha: Festivals 1:2).^[1]

[1]. The Gemara (Rosh Ha-shana 16a) explains that the Mishna accords with the academy of R. Yishmael, which states: “The world is judged four times a year: on Pesaḥ for grain, on Shavu’ot for fruit, and on Sukkot for water. People are judged on Rosh Ha-shana, and the judgments are sealed on Yom Kippur.” In contrast, R. Yehuda states, “Everything is judged on Rosh Ha-shana, but each judgment is sealed at its own time: grain on Pesaḥ, fruit on Shavu’ot, and water on Sukkot. People are judged on Rosh Ha-shana, and the judgments are sealed on Yom Kippur.” It would seem that their disagreement is minor. The academy of R. Yishmael maintains that the specifics of water, grain, and fruit are determined during the holidays, although of course they are influenced by the general judgment of Rosh Ha-shana. (Ramban makes a similar point in his Rosh Ha-shana sermon: the general judgment is on Rosh Ha-shana, while the specifics of water are determined on Sukkot, etc. This is how I formulated it above.) In contrast, according to R. Yehuda, everything is determined on Rosh Ha-shana, including the specifics of water, grain, and fruit. It is only the sealing of the judgment that takes place on the various holidays. Ran, in his commentary on Rosh Ha-shana 16a, has a different approach. He writes that the general judgment for water is on Sukkot, the one for grain is on Pesaḥ, and the one for fruit is on Shavuot; it is only what each individual will be allotted of these three that is determined on Rosh Ha-shana.

04. The Manifestation of Blessing and Judgment

Even though judgment is inscribed on Rosh Ha-shana and sealed on Yom Kippur, one’s behavior during the rest of the year still has significant impact, because the shefa of life allotted on Rosh Ha-shana descends to the world gradually, via Shabbatot and Roshei Ḥodashim. As it manifests, it can be diverted toward good or evil. The principle is that the holy days are meant to draw blessing into the world, each day in accordance with its special character. Accompanying the blessing is judgment, so that the blessing reaches the deserving.

Since the blessing descends via Rashei Ḥodashim, they, too, are days of judgment and thus propitious times for repentance, atonement, and forgiveness. There is a custom among the pious to repent on the day before Rosh Ḥodesh (also known as Yom Kippur Katan). Shabbat, too, is holy and blessed, and through it, blessing extends to the six weekdays. So that this blessing manifests properly, one should repent on Shabbat – albeit out of love, good cheer, and optimism, without pain. Homiletically, the word “Shabbat” is related to the word “teshuva” (repentance).

The bounty that descends through Shabbatot and Rashei Ḥodashim continues its descent via the weekdays, each of which has a special sanctity, for each day manifests something of the divine that is not manifested on any other day. Accordingly, each day a person is judged with regard to the unique shefa of that day. As R. Yose said: “A person is judged every day” (Rosh Ha-shana 16a). In fact, every hour presents a unique opportunity to reveal a certain aspect of holiness, and thus there is an element of ever-present judgment. This is the meaning of R. Natan’s statement: “A person is judged every hour” (ibid.). Because of the blessing and judgment that take place daily, we recite Shaḥarit, Minḥa, and Ma’ariv daily, to improve the blessing and judgment specific to that day.^[2]

The judgments passed on Rosh Ḥodesh, Shabbat, and every other day do not alter the judgment inscribed and sealed at the beginning of the year, for while judgment is inscribed and sealed at the beginning of the year, the way it is implemented is not, and the implementation has significant ramifications, for better and for worse. Consider a national budget; it is passed by the legislature at the beginning of the year, and the government has no authority to alter it. Nevertheless, every minister can determine how it will be distributed, and even bureaucrats have the power to direct funding toward one project or another. (See Berakhot 58a.) Similarly, the deeds done all year can direct the judgment for better or for worse. The Gemara elaborates (Rosh Ha-shana 17b):

What is an example of “for better”? Let us say the Jews were completely wicked as of Rosh Ha-shana, and therefore were allotted only a small amount of rain. Later, they repented. It is not possible to send more rain, for the decree has already been made. Rather, God brings [the rain] at the optimal times, on the land that needs it, depending on the land. [Thus, minimal rains can still bring great blessing.] What is an example of “for worse”? Let us say that the Jews were completely righteous as of Rosh Ha-shana, and therefore a lot of rain was allotted to them. Later, they relapsed. It is not possible to send less rain, for the decree has already been made. Rather, God brings it at the worst times, on land that does not need it [so they do not benefit from the rains].^[3]

The ideal sequence is as follows. We repent during the month of Elul, and accept God’s kingship on Rosh Ha-shana, leading to a good initial judgment. We continue to ascend spiritually by repenting on Yom Kippur, leading to a better final judgment. With this momentum, we continue to walk in God’s ways. We absorb the shefa of holiness on Shabbat, holidays, and Rosh Ḥodesh, thus increasing the illumination and blessing present in every day, hour, and minute.

[2]. Similar ideas appear in a responsum attributed to Rif; R. Yosef Gikatilla, Kelalei Ha-mitzvot s.v. “din”; Abarbanel (Vayikra ch. 23); Me’iri (Rosh Ha-shana 16a); Maharal (Ḥidushei Aggadot ad loc.); Tzelaḥ, Turei Even, and Ben Yehoyada (ad loc.). Rav Kook explains that while the judgment passed on Rosh Ha-shana is not immutable, the judgments of Rosh Ḥodesh and weekdays have far more impact (Midbar Shur, derush 9).

[3]. Sometimes it is impossible to divert judgment for the better because the verdict was so decisive; for example, if so little rain was allotted that even if it is optimized, there will be a severe drought. Nevertheless, a community has the great power that if they repent wholeheartedly and pray to God concerning it, they can tear up even a final verdict (Rosh Ha-shana 17b). An individual cannot completely tear up a verdict, but he can improve it by repenting and crying out to God from the bottom of his heart – such that if there is any possible interpretation of the judgment that would minimize the punishment, it will be minimized. For example, if death was decreed for a person, there is still some leeway. Through his repentance and prayer, it is possible that death will be replaced by poverty, exile, or very humiliating experiences, all of which are compared to death. This is why R. Yitzḥak says, “Prayer is helpful to a person, whether before or after judgment has been rendered” (Rosh Ha-shana 16a and 18a). This means it is admirable and has an effect, even though it does not invalidate the judgment (Ran and Maharal ad loc.). There is a tradition passed down by the house of King David that “even if a sharp sword is resting upon one’s neck, one should not stop praying” (Berakhot 10a).

05. Judgment and the Next World

How a person is judged on Rosh Ha-shana relates to his life in this world and the next. We have discussed the implications for this world in the previous sections and will yet discuss them further, but at present we will explain how the judgment of Rosh Ha-shana relates to the next world. First, we must explain that life in the next world has two stages. The first stage begins with a person’s death, when his soul ascends to the world of souls, where there is Gan Eden (heaven) for the righteous and Gehinom (hell) for the wicked. The next stage is after the world reaches its perfection with the resurrection of the dead. At that time, souls will reunite with bodies, and together they will experience an infinite ascent (Ramban, Sha’ar Ha-gemul; Ramḥal, Derekh Hashem 1:3; Shelah, Toldot Adam, Beit David).

The next world, including both its stages, is also called the “World of Truth,” because, in contrast to this world, where falsehood dominates and external appearances obscure internal essence, in the next world the true stature of a person and the true worth of his deeds become clear.

Since the next world is incomparably more important than this world, as “this world is like a corridor leading to the next world” (Avot 4:16), the judgment which occurs on Rosh Ha-shana primarily relates to the next world. This judgment can be divided into two parts. The first takes into account all the deeds of the past year. For a person’s good deeds, reward awaits him in the next world; for his evil deeds, punishment awaits him. But the judgment passed on Rosh Ha-shana is not final. If he repents over the years, he can save himself from Gehinom and increase his reward in the next world. If, God forbid, he regrets the good deeds he has done and wishes them undone, he will go to Gehinom and lose the reward that had been reserved for him in the next world.

The second aspect of judgment that relates to the next world concerns opportunities to draw close to God in the upcoming year. One who has been judged to life on Rosh Ha-shana will have opportunities during the year that will help him continue to ascend in Torah and mitzvot, through which he will merit life in the next world. When he studies Torah, he will attain greater enlightenment and understanding; when he is engages in mitzvot and good deeds, he will attain greater happiness and blessing, a foretaste of the next world. If, God forbid, his judgment is for death, then during the next year he will face trials and difficulties likely to distance him from God and lose him his place in the next world. Even when he studies Torah, it will be hard for him to absorb the divine light within it; even when he engages in mitzvot, he will not properly feel the sanctity and joy they bring. This is the meaning of the Sages’ statement (Avot 4:2): “A mitzva brings another mitzva and a sin brings another sin, for the reward for a mitzva is a mitzva, and the punishment for a sin is a sin” (Nefesh Ha-ḥayim 1:12).

In general, reward is called “life” and punishment, “death.” Life means closeness and connection with God, the Source of life. This closeness allows a person to experience all the goodness that God brings to this world and the next. God is the Source of all the goodness of life; all the pleasures and delights of this world flow from His shefa. But they are only a pale reflection of the ultimate pleasure, namely closeness to God. The Sages state, “One hour of spiritual bliss in the next world is better than all of life in this world” (Avot 4:17). This is because in the next world, one can enjoy the radiance of the Shekhina and take pleasure in God; life there is intensified immeasurably. In contrast, the divine light which reaches us in this world is filtered and constricted. Nevertheless, by drawing closer to God through Torah study and mitzva observance, a person can experience the equivalent of the next world in this world, taking pleasure in his closeness to God.

While reward is referred to as “life,” punishment is referred to as “death,” meaning distance from the Source of life. The distance leads to the suffering and death of the body in this world, and the suffering of the soul in the next.^[4]

[4]. The Gemara (Rosh Ha-shana 16b) states:

Three books are opened on Rosh Ha-shana: one for those who are entirely wicked, one for those who are entirely righteous, and one for those in between. The entirely righteous are immediately inscribed and sealed for life, the entirely wicked are immediately inscribed and sealed for death, and those in between are in limbo from Rosh Ha-shana until Yom Kippur. If they merit it, they are inscribed for life; if not, they are inscribed for death.

What do the Sages mean by “life” and “death”? According to Tosafot, they are speaking of life in the next world. This is also the position of R. Yosef Gikatilla (Sha’arei Ora, Gate 8). However, Ramban, Ran, Rashba, and others maintain that the Sages are referring to life in this world. It would seem that these positions are not truly in conflict, as reward in this world primarily affects life in the next world, since this world is but a corridor leading to the next (Rama Mi-Fano, Asara Ma’amarot, Ḥikur Ha-din 2:21; Ramḥal, Derekh Hashem 2:2; Vilna Gaon, Bi’ur Ha-Gra, OḤ 582:24; R. Ḥayim of Volozhin in his exposition at the end of Nefesh Ha-ḥayim). Being inscribed for life may also include experiencing a bit of the illumination of the next world while in this world. This is a fulfillment of the blessing, “May you see your world in your lifetime” (Berakhot 17a). See Orot Ha-kodesh 3:122.

06. The Profundity and Complexity of Judgment

The broad principles of judgment are straightforward. One who walks in God’s ways is blessed in both this world and the next, while one who is wicked is punished in both this world and the next. However, the specifics of judgment are immeasurably deep and complex. Therefore, there are instances of the righteous suffering poverty, disease, and untimely death, while sometimes the wicked prosper and endure. There are many possible reasons for this, as we will explain below, all of which are meant to improve the world.

First of all, one must know a fundamental principle: To perfect the world, people must have free choice. As long as the world has not been perfected, it runs according to the laws of nature and fate that God determined, so it is not possible for all the righteous to thrive and all the wicked to suffer. Therefore, judgment, as it applies to individuals, is incredibly complex and involves myriad details. There are always righteous people suffering and wicked people appearing to enjoy the pleasures of this world. Thus, free choice is unimpaired, and one who chooses good improves himself and the entire world.

Nevertheless, over the long term, for example, when it comes to families and true happiness in life, we find that in this world, too, usually the righteous experience blessing while the wicked suffer. The crux of our challenge is to disregard our evil inclination, which urges us to take a superficial, myopic view of the world, and instead to follow our good inclination, which encourages us to look further and more deeply. Thus, even though in this world, too, the righteous, over the long term, attain benefit and the wicked suffer, free choice remains intact, because this truth is not discernible over the short term.

Let us begin to explain some specifics. One person may be destined to be wealthy and face the challenges that accompany wealth. Even if he sins greatly, he will remain rich. His judgment on Rosh Ha-shana is about the circumstances of his life as a wealthy person. Will he find joy in his wealth, or will it cause him endless worry? With respect to the next world, will his wealth help him to withstand trials, be they minor or major? Might it even help him in serving God? Another person may be destined for poverty. Even if he is righteous, he will remain poor. The question is simply whether his poverty will be bearable or unbearable. With respect to the next world, will his impoverishment help or hinder his service of God? In rare cases, a person can change his destiny through outstanding merits or grave sins.

Sometimes a person’s destiny is not absolute, but only determines a direction that allows for change. In such cases, the judgment of Rosh Ha-shana can determine whether someone destined to have money will be comfortable, rich, or fabulously wealthy, or whether someone destined to be needy will be needy, poor, or destitute.^[5]

[5]. “Children, life, and sustenance do not depend upon merit but upon fate (mazal)” (Mo’ed Katan 28a). The Gemara’s proof is that Rabba and R. Ḥisda were both righteous; when there was a drought, the prayers of both were answered. Yet R. Ḥisda lived to the age of 92, while Rabba died at 40. R. Ḥisda’s household celebrated 60 weddings, while Rabba’s home suffered 60 bereavements. R. Ḥisda’s home was wealthy, and even the dogs were fed the highest grade of wheat. Rabba’s home was poor, and people did not always have enough of even cheap barley bread. Another Gemara sheds light on this. R. Ḥanina asserts that Jews are subject to mazal, while R. Yoḥanan and Rav maintain that they are not (Shabbat 156a). According to Tosafot, even those who maintain that Jews are not subject to mazal do not mean that it has no effect, but rather that someone with great merit can change his fate (as explained in Yevamot 50a). However, sometimes, even with great merit, mazal does not change, as we see in the case of R. Elazar b. Pedat (Ta’anit 25a).

It is important to note that only individuals are subject to mazal, not the collective. The reward and punishment discussed in the Torah are collective (Responsa Rashba 1:148). However, individuals, with great spiritual effort, can ascend to the level of the collective, beyond the reach of mazal. It should be further noted that the Torah’s this-worldly rewards and punishments are primarily promised to Israel as a people, to be delivered naturally. Thus, free will is not compromised, since individuals are still subject to fate. (See section 8 below.)

07. Specific Considerations in Judgment

Sometimes a person is destined to be neither rich nor poor. Rather, his destiny is not fixed; if he chooses well in matters of money and charity, then he deserves to be wealthy so that he can continue to improve his piety and charity. Yet sometimes it is known to the Knower of secrets that if a certain person were to become wealthy, his evil inclination would overcome him and perhaps make him arrogant, lustful, and stingy; he would no longer be righteous. Since people’s relationship to God is the most important thing and their eternal life depends on it, heaven has mercy upon him and sentences him to struggle to make a living. This way he avoids the difficult challenge and is more likely to earn a place in the next world. Without such mercy, he may become wealthy in this world but face challenges likely to corrupt him.

Another consideration is how difficult it is for a person to choose good or avoid evil. Some people are born with a very strong evil inclination or grow up in very difficult and toxic environments. If they manage to study a bit of Torah and do a few good deeds, it is extremely impressive, and they will receive immense reward. As the Sages say, “In accordance with the pain is the reward” (Avot 5:23). Other people are born with a strong good inclination or grow up in a supportive environment. If they nevertheless sin, they will be punished severely.

Another consideration is that sometimes a wicked person who has done a few mitzvot is rewarded for them in this world, so that he is utterly destroyed in Gehinom. Similarly, sometimes a righteous person who has committed a few sins receives his punishment in this world, so that he can ascend, pure and clean, to Gan Eden. Even though reward and punishment in this world are trivial compared to the next, these judgments are still just and proper, for the wicked person performed mitzvot with superficial motivations, because he wanted to show off and impress people, so it is fitting that his reward be given in this superficial, transient world, rather than in the World of Truth. In contrast, the primary interest of the righteous person was closeness to God. If he sinned accidentally, just as his sin was superficial, so is his punishment. This will purify him and he will enter the next world without blemish (Kiddushin 39b; Derekh Hashem 2:2:6).

These are some of the factors that go into judgment, and there are also collective factors that will be elaborated on in the next section. The main point from the human perspective is to repent and return to God, for even if we do not understand the profundity of the judgment, we are certain that repentance and good deeds are always good for a person. Reward is primarily in the next world and secondarily in this world. As long as a person is alive in this world of free choice, his actions are of incalculable value and earn him eternal reward. This is as the Sages say, “One hour of repentance and good deeds in this world is better than the whole of life in the World to Come” (Avot 4:17).

08. Individual and Collective Judgment in Eretz Yisrael and in Exile

It is important to know that even though on Rosh Ha-shana the Jewish people as a whole as well as each individual are judged, the judgment of the individual is strongly impacted by the general state of whichever nation that person belongs to. This is as we learned about the nation of Israel in the section dealing with blessings and curses:

If you follow My laws and faithfully observe My commandments, I will grant your rains in their season so that the earth shall yield its produce and the trees of the field their fruit. I will grant peace in the land…. You shall give chase to your enemies, and they shall fall before you by the sword…. I will be ever present in your midst; I will be your God, and you shall be My people…. But if you do not obey Me and do not observe all these commandments…I in turn will do this to you: I will wreak misery upon you – consumption and fever, which cause the eyes to fail and the body to languish; you shall sow your seed to no purpose, for your enemies shall eat it…. I will break your proud glory. I will make your skies like iron and your earth like copper, so that your strength shall be spent to no purpose. Your land shall not yield its produce, nor shall the trees of the land yield their fruit…. I will lay your cities to waste and make your sanctuaries desolate, and I will not savor your pleasing odors…. And you I will scatter among the nations, and I will unsheathe the sword against you. Your land shall become a desolation and your cities a ruin…. You shall not be able to stand your ground before your enemies but shall perish among the nations; and the land of your enemies shall consume you…. (Vayikra 26:3-38)

Sometimes there is no contradiction between the judgment of the nation and that of the individual. For even if the nation as a whole merits a shefa of blessing, this does not mean that a few individuals cannot be punished for their sins. Similarly, if the nation as a whole is punished, this does not mean that a few individuals cannot be rewarded. However, sometimes there is a contradiction between the judgment of the nation and that of the individual. For example, if a harsh decree such as destruction or exile has been issued against the nation, the righteous, perforce, will also suffer. Nevertheless, the judgment stands, and the righteous will receive their reward in the world of souls, in Gan Eden. Similarly, if the nation as a whole is good, the wicked will not receive their punishment in this world but in the world of souls, in Gehinom. Judgment will be completed in the next world, when the dead are resurrected and souls reunite with their bodies.^[6]

It is also important to be aware that when the Jewish nation is in exile and the Temple lies in ruins, God’s role in the world is deeply hidden. It appears as if God has left the earth and evil rules the world; the wicked prosper and the righteous suffer. The same forces of evil that destroyed the Temple allow the wicked to prosper. Just as the Shekhina is suffering in exile, so too, the righteous are drowning in pain and suffering. Additionally, when harsh decrees are passed against the Jews, all individual Jews suffer as a result.^[7]

Though it seems unjust that the righteous suffer more, being righteous means experiencing more pain over Israel’s exile; as long as the honor of heaven is being trampled by the nations, the righteous take no joy from this-worldly pleasures. Their sorrow and mourning for Zion and the Temple allow them to cling to the Shekhina and draw redemption nearer. For this, their reward is very great.

[6]. The sin of Adam created a division between the worlds and between body and soul. This division is the “death” that was Adam’s punishment. His soul and body were separated. As a result, reward and punishment cannot be fully realized in the physical world. Rather, a small part is meted out in this world and a larger part in the World of Souls (i.e., in Gan Eden and Gehinom). Reward and punishment are completed at the time of the resurrection of the dead, when the physical world will be perfected, the worlds will be reunited, and body and soul will become one again. Part of the uniqueness of the Jewish nation is that it represents the unity of body and soul, vision and deed, even in our current imperfect world. Even when the Jewish people are damaged spiritually or physically, their spiritual and physical core remain. Therefore, even in this world, they experience true life. See the next section.

[7]. Similarly, Tanya (Igeret Ha-teshuva, ch. 4-6) explains that at a time of destruction and exile, we can fathom “neither the tranquility of the wicked nor the suffering of the righteous” (Avot 4:15), for God’s role is concealed, and the power of impurity is strengthened by sins. This is the meaning of the exile of the Shekhina. It is imprisoned by the husks of impurity, and the goodness directed toward it is hijacked by the sitra aḥra (the “other,” demonic side) to strengthen the wicked and harm the righteous. In times of exile, the divine punishments of karet and death at the hands of heaven are not carried out, so many who deserve to die live long and happy lives.

09. The Judgment of Israel

The judgment of Israel impacts the entire world, since the relationship of Israel to the other nations is like the heart’s relationship to the body’s other organs. The existence of the entire world depends upon the Jews, who must reveal the light of Torah in the world in order to guide it to perfection. Thus, the Gemara declares, “God made a condition with the act of creation and said, ‘If the Jews accept the Torah, you will continue to exist; if not, I will return the world to chaos’” (Shabbat 88a). Ever since the Torah was given to the Jews, the world’s existence has depended upon their adherence to it. Furthermore, the redemption of the world depends upon the repentance of the Jews. Since Israel bears such a great responsibility, when they sin, their punishment is more severe than the punishment that other nations would incur for the same sin. On the other hand, the reward that Israel receives for choosing what is right is greater as well, since by doing so they bring blessing and redemption to the entire world.

Therefore, judgment on Rosh Ha-shana begins with the Jewish people, as we read: “Blow the shofar on the new moon, on the covered moon, for our festival day; for it is a law for Israel, a ruling for the God of Jacob” (Tehilim 81:4-5). Only after judging the Jews does God judge the other nations (Rosh Ha-shana 8a-b). This seems to imply that if (God forbid) the Jews choose evil, God will destroy them and the entire world. But God chose His nation and entered into a covenant with them. Therefore, even if they sin greatly, He will not desert them. Rather, He will punish them severely and rule over them wrathfully, in order to encourage them to return to the right path. This accords with the conclusion of the section of blessings and curses in Vayikra:

Yet even then, when they are in the land of their enemies, I will not reject them or spurn them so as to destroy them, annulling My covenant with them; for I the Lord am their God. I will remember in their favor the covenant with the ancients, whom I freed from the land of Egypt in the sight of the nations to be their God; I am the Lord. (Vayikra 26:44-45)

Additionally, the blessings and curses of Devarim state that ultimately, after the suffering of the Jewish people, God will doubly punish their wicked tormentors, redeem His people, and purify His land: “For He will avenge the blood of His servants, wreak vengeance on His foes, and purify His land and His people” (Devarim 32:43). Similarly, we read: “For the Lord will not forsake His people; He will not abandon His very own” (Tehilim 94:14).

We see that the Jews’ existence in this world and the next is guaranteed. What judgment determines is what type of existence they will have. Will it be blessed and peaceful, or (God forbid) the opposite? Similarly, the Jews are guaranteed that redemption will arrive; if they repent, it will arrive more quickly and peacefully. If they do not repent, a long exile will culminate in terrible, awful suffering. Following this, the scattered Jews will gather together and settle Eretz Yisrael. They will continue to ascend until they achieve complete repentance and redemption (Sanhedrin 97b-98a; Zohar III 66b).

01. Elul and Shofar Blowing

The month of Elul and the Ten Days of Repentance are particularly auspicious for repentance, as this is the period when God agreed to forgive the Jewish people for the sin of the Golden Calf. Forty days after the Torah was given, when Moshe had not yet descended from Mount Sinai, a group of sinners persuaded the people to make a golden calf as a replacement for God’s authority. At that moment, a great anger was kindled against Israel. It was serious enough that God said to Moshe, “Now, let Me be, that My anger may blaze forth against them and that I may destroy them, and make of you a great nation” (Shemot 32:10). Moshe prayed fervently and reminded God of the merits of the patriarchs and matriarchs, thus delaying the punishment. Then he descended the mountain, shattered the Tablets, and, together with the tribe of Levi, executed the sinners. He melted down and pulverized the calf, mixed the ash with water, and made all the Israelites drink from it. The water served as a litmus test, and those who had worshipped the calf died. Nevertheless, the threat of destruction still hovered over Israel. Displaying a spirit of self-sacrifice, Moshe stood before God and declared, “Now, if You will forgive their sin [well and good]; but if not, erase me from the record which You have written” (ibid. v. 32). Following this declaration, the decree was lifted. However, Israel was still disgraced and distant from God. It was as if they were no longer His children, His servants, or His special nation. Furthermore, the first Tablets lay in pieces.

On Rosh Ḥodesh Elul, Moshe once again ascended Mount Sinai to pray as Israel’s emissary, asking God to have mercy upon them and forgive them. On Yom Kippur, their repentance was fully accepted. Moshe descended to give the Jews the second set of Tablets and to inform them that they were forgiven. As an indication of their renewed closeness and specialness, God commanded them to erect a Mishkan (Tabernacle), through which the Shekhina would be revealed to them. Since the timing of important events is not accidental, we see that the forty days from Rosh Ḥodesh Elul until Yom Kippur are particularly auspicious for repentance.

This accords with the following midrash:

On Rosh Ḥodesh Elul, God said to Moshe, “Come up to Me on the mountain” (Shemot 24:12). The shofar was then blown in the camp, to let it be known that Moshe was ascending the mountain again and that Israel must not repeat their mistake. God ascended on that day through those same shofar blasts, as we read, “God ascends with a blast (teru’a); the Lord, with the sound of a shofar” (Tehilim 47:6). Therefore, the Sages ordained that the shofar be blown each year on Rosh Ḥodesh Elul. (Pirkei De-Rabbi Eliezer 46)

They chose to have the shofar serve as a wake-up call for the people, because it has the power to discourage people from sinning and to awaken the masses to repent (Tur and Beit Yosef, OḤ 581:1).

Accordingly, Jewish communities customarily blow the shofar during the month of Elul. Ashkenazic custom is to blow each day at the end of Shaḥarit. Sephardim, who recite Seliḥot all month, blow the shofar when they recite the concluding Kaddish of Seliḥot. Many Sephardim also blow the shofar when reciting the Thirteen Attributes of Mercy. Blowing the shofar in Elul is not obligatory, but it is proper for communities to try to do so. Nevertheless, an individual who did not hear the shofar blown does not need to search for someone to blow the shofar for him.^[1]

[1]. Formerly, some Sephardic communities blew the shofar during Seliḥot, while others did not (Kaf Ha-ḥayim 581:13). Nowadays, almost all blow ten shofar blasts during Seliḥot (tashrat–tashat–tarat; see 4:4 below) as well as during the full Kaddish (which concludes the service); some also blow the shofar when reciting the Thirteen Attributes. Yemenites, too, blow at the end of Seliḥot, with some also blowing during the recitation of the Thirteen Attributes. In contrast, Ashkenazic custom is to blow four shofar blasts (tashrat) at the end of Shaḥarit. R. Waldenberg points out that this is the custom during communal prayer, not individual prayer (Tzitz Eliezer 12:48). From Rosh Ḥodesh Elul until Shemini Atzeret, Ashkenazim customarily recite Le-David Hashem Ori Ve-yish’i (Tehilim ch. 27) following the shofar blowing, as well as at the end of Ma’ariv (or Minḥa).

02. The Basis for the Custom of Reciting Seliḥot

Many Jews have a custom, extending back to the times of the Ge’onim, to wake up early during the Ten Days of Repentance to recite Seliḥot. This is done primarily to inspire people to repent, ask God for forgiveness and atonement, and beg Him to be merciful to His exiled and suffering people. We ask that He not look at our sins and transgressions, but rather that He remember His covenant with our ancestors and with us. We ask Him to remember the sacrifice of Yitzḥak and all the martyrs who sacrificed their lives to sanctify His name. We also pray for the ingathering of the exiles, the rebuilding of Eretz Yisrael, Jerusalem, and the Temple, and the return of the Shekhina to Zion. It is customary to recite Seliḥot specifically during the Ten Days of Repentance because it is a time of judgment and prayer is more readily accepted then. It is proper for every individual to join the community and pray fervently for the Jewish people, for the Shekhina to dwell among us, and for God’s name to be sanctified in the world. Through this, one’s personal prayers will be accepted as well.

Indeed, we find that the prophets encouraged the Jews to gather together in times of trouble to fast, pray, and beg God to have mercy on His people and His land. Thus, we read:

Blow a shofar in Zion; solemnize a fast; proclaim an assembly! Gather the people; bid the congregation purify themselves. Bring together the old, gather the babes and the sucklings at the breast. Let the bridegroom come out of his chamber, the bride from her canopied couch. Between the portico and the altar, let the priests, the Lord’s ministers, weep and say: “Oh, spare Your people, Lord! Let not Your possession become a mockery, to be taunted by nations! Let not the peoples say, ‘Where is their god?’” Then the Lord will be roused on behalf of His land and have compassion upon His people. (Yoel 2:15-18)

Together with reciting Seliḥot and prayers, we must repent and improve our behavior. Thus, during this time period, it is customary to recite Seliḥot, to study works of musar (ethical improvement), and to have sermons that exhort us to repent. Some have the custom to have sermons before Seliḥot, to rebuke and inspire.

03. Seliḥot Nowadays

Today, there is more reason than ever to recite Seliḥot. Now that God has had mercy on us and has begun to redeem us by gathering in the exiles and allowing us to settle Eretz Yisrael, we should be more inspired to repent. We must beg God to continue to have mercy upon us; to gather in the exiles, and settle them in the land that He granted to our ancestors and to us; to facilitate our repentance, which will draw us nearer to Him; to help us become greater Torah scholars and sanctify ourselves through mitzva observance; and to allow us to rebuild the Temple, illuminating the entire world with the light of His faith and His Torah.

When the Jews returned from Babylonia with Ezra, they had serious spiritual problems, similar to those we are experiencing today. Through repentance, though, they merited to build the Second Temple. The Book of Ezra makes this clear. Ezra left Babylonia for Eretz Yisrael only to discover that many Jewish men, including officials and dignitaries, had married non-Jewish women. In Ezra’s own words:

When I heard this, I rent my garment and robe, I tore hair out of my head and beard, and I sat desolate. Around me gathered all who were concerned over the words of the God of Israel because of the returning exiles’ trespass, while I sat desolate until the evening offering. At the time of the evening offering, I ended my self-affliction; still in my torn garment and robe, I got down on my knees and spread out my hands to the Lord my God, and said, “O my God, I am too ashamed and mortified to lift my face to You, O my God, for our iniquities are overwhelming and our guilt has grown high as heaven. From the time of our fathers to this very day, we have been deep in guilt. Because of our iniquities, we, our kings, and our priests have been handed over to foreign kings, to the sword, to captivity, to pillage, and to humiliation, as is now the case. But now, for a short while, there has been a reprieve from the Lord our God, Who has granted us a surviving remnant and given us a stake in His holy place; our God has restored the luster to our eyes and furnished us with a little sustenance in our bondage. For bondsmen we are, though even in our bondage God has not forsaken us, but has disposed the kings of Persia favorably toward us, to furnish us with sustenance and to raise again the House of our God, repairing its ruins and giving us a hold in Judah and Jerusalem. Now, what can we say in the face of this, O our God, for we have forsaken Your commandments…. After all that has happened to us because of our evil deeds and our deep guilt – though You, our God, have been forbearing, [punishing us] less than our iniquity [deserves] in that You have granted us such a remnant as this – shall we once again violate Your commandments by intermarrying with these people who follow such abhorrent practices? Will You not rage against us till we are destroyed without remnant or survivor? O Lord, God of Israel, You are benevolent, for we have survived as a remnant, as is now the case. We stand before You in all our guilt, for we cannot face You because of this.” (Ezra 9:3-15)

Ezra’s anguish, fasting, and prayers awakened the nation to repentance, as we read, “While Ezra was praying and making confession, weeping and prostrating himself before the House of God, a very great crowd of Israelites gathered about him, men, women, and children; the people were weeping bitterly.” They accepted God’s covenant, and the men agreed not to remain with the women and children who were unwilling to convert. “So Ezra at once put the officers of the priests and the Levites and all Israel under oath to act accordingly, and they took the oath” (ibid. 10:1-5). Nevertheless, since many Jews did not repent, and many did not come to Eretz Yisrael but remained in Babylon, the presence of the Shekhina was not as strong in the time of the Second Temple as in the First, and ultimately the Second Temple, too, was destroyed on account of our sins.

Certain passages in Seliḥot are appropriate for a period of exile, which makes it difficult for some people to identify with their content nowadays. Some are even worried that there is an element of falsehood in reciting such Seliḥot. However, if we see the Jewish people as a nation that transcends history, with each and every one of us linked to all Jews in all times and all places, we can recite even these exilic selections and identify deeply with them. For we identify with our ancestors who lived in exile and suffered such horrible tribulations and degradations that they almost lost hope. We identify with the Jews who experienced anti-religious persecution by Muslims and Christians, and who were tortured and martyred during the Crusades, the Inquisition, and the Chmielnicki Massacres. Most recently and most devastating of all, we identify with the victims of the terrible Holocaust which took place less than eighty years ago. How can we be so complacent as to say that the supplications of the Seliḥot are no longer appropriate, when there are still survivors among us who endured the ghettos and the concentration camps, and the world is still filled with monsters who openly proclaim that they hope to continue the work of the Nazis? In light of all this, we can still recite the Seliḥot and identify deeply with them.

4. The Contents of Seliḥot

Because the Sages did not explicitly ordain the recitation of Seliḥot, there is no standard rite, and each community added its own supplications and piyutim (liturgical poems). Nevertheless, there is a basic framework that all communities follow and which appears in Seder R. Amram Gaon. We begin with the recitation of Ashrei (Tehilim 145), as every prayer service begins with praise of God. This is followed by a half Kaddish and the paragraphs that begin “Lekha Hashem Ha-tzedaka” (“To You, O Lord, is righteousness”) and “Shome’a tefila adekha kol basar yavo’u” (“Hearer of prayer, all humankind comes to You”; Tehilim 65:3) and additional verses of petition and supplication. We then recite the Thirteen Attributes of Mercy, the standard confession (“Ashamnu” – “We are guilty”) and the longer confession (“Ashamnu mi-kol am” – “We are the guiltiest of all peoples”). Toward the end, we recite “Aneinu” (“Answer us”) and “Asei le-ma’an shemekha” (“Act for the sake of Your name”). The service concludes with Taḥanun and the full Kaddish.

Amram Gaon writes that additional verses, piyutim, and supplications may be added to the basic outline. In fact, Jewish communities have added many piyutim to Seliḥot, with the Thirteen Attributes of Mercy repeated in between them. There are differences between the Ashkenazic and Sephardic rites of these additional piyutim. Also, while Sephardim recite the same Seliḥot every day, Ashkenazim have different piyutim for each day.

When time is short, worshippers may skip the additional piyutim and recite just the basic order set out by R. Amram Gaon. If a congregation is selecting which piyutim to say, they should opt for those that inspire repentance.^[2]

[2]. Some say that it is forbidden to recite piyutim that address various angels, as one may turn in prayer only to God (Rambam; Ramban). Accordingly, one should not recite “Makhnisei Raḥamim” (“Purveyors of Mercy”), which is mentioned in Seder R. Amram Gaon and which Ashkenazim usually say at the end of Seliḥot, as it is addressed to angels. Likewise, according to this view, one may not recite the piyut “Midat Ha-raḥamim aleinu hitgalgeli” (“Attribute of Mercy, Descend upon Us”) as it is addressed to a divine attribute and not directly to God. However, most poskim permit the recitation of these piyutim, which were composed long ago by Torah giants, and which Jews have been reciting for hundreds of years. The rationale seems to be that as long as the supplicant knows that everything is in the hands of God, he may ask the angels to fulfill their mission, namely, to transport our prayers to God and remind Him of our merits (R. Sherira Gaon; R. Eliezer of Worms; Shibolei Ha-leket §252: Mahari Bruna). Indeed, this is the practice of most communities, which have not expunged such piyutim from the siddur. Others maintain that fundamentally the stringent position is correct. Nevertheless, they do not want to eliminate these piyutim entirely, because of the long-standing custom to recite them. To resolve the dilemma, they adjust the formulations of the prayers slightly, rephrasing them so that it is clear that the prayers are addressing God, asking Him to teach the angels how to transport our prayers to Him (Maharal, Netivot Olam, Netiv Ha-avoda ch. 12; this was the practice of R. Zvi Yehuda Kook). Alternatively, some rabbis took their time reciting the prayers earlier in Seliḥot in order to ensure that they would not have time to recite the problematic ones. Nevertheless, they did not object to the congregation saying them (Ḥatam Sofer OḤ 166).

05. The Days on Which Seliḥot Are Recited

In Geonic times, the custom in both of the prominent yeshivot in Babylonia was to recite Seliḥot during the Ten Days of Repentance. In a few places, Seliḥot were recited during the entire month of Elul. By the end of the medieval era, Sephardic communities had accepted the practice of reciting Seliḥot throughout Elul (SA 581:1). On Rosh Ḥodesh Elul itself, though, Seliḥot are not recited (Responsa Rama Mi-Fano §79; Kaf Ha-ḥayim 581:1). As Rosh Ha-shana draws near, more and more people make sure to attend Seliḥot, and people are especially meticulous about doing so during the Ten Days of Repentance. The Ashkenazic custom is to begin reciting Seliḥot on the Saturday night before Rosh Ha-shana, provided that there will be at least four days of Seliḥot prior to the holiday. This means that if Rosh Ha-shana starts on Thursday or Shabbat, Seliḥot begin the Saturday night before the holiday, but if Rosh Ha-shana starts on Monday or Tuesday, Seliḥot begin the previous Saturday night.^[3]

While the Sages did not make reciting Seliḥot mandatory, it is the predominant Jewish custom. Nevertheless, one who finds it difficult to wake up for Seliḥot need not do so during Elul. During the Ten Days of Repentance, though, he should make serious efforts to recite Seliḥot, as these days are auspicious for repentance and forgiveness. (See Rosh Ha-shana 18a; MT, Laws of Repentance 2:6.) If one is unable to go to sleep early, and waking up for Seliḥot would result in his being too exhausted to fulfill his work obligations, then he should not wake up early, even during the Ten Days of Repentance. Rather, he should try to recite chapters of Tehilim, and during the course of the day he can recite those sections of the Seliḥot that an individual may recite alone. (See section 7 below.)

The accepted ruling is that even very diligent Torah scholars should recite Seliḥot (Birkei Yosef and Sha’arei Teshuva 581:1). Indeed, this is the custom in all yeshivot, even though reciting Seliḥot takes time away from Torah study. However, if one finds that waking up early makes him lose even more time than the time taken by the recitation of Seliḥot because he cannot concentrate on his studies later on, it is better for him not to wake up early for Seliḥot.

[3]. In the past, many people had a custom to fast for ten days as part of their repentance (as will be explained in section 9). Only on six of the Ten Days of Repentance is it permissible to fast (because there is a mitzva to eat on both days of Rosh Ha-shana, Shabbat Shuva, and Erev Yom Kippur). Accordingly, it was important to have four days before Rosh Ha-shana during which fasting and reciting Seliḥot were permissible. Nowadays, the widespread practice is not to fast for ten days. Nevertheless, we continue the custom of starting Seliḥot at least four days before Rosh Ha-shana. An additional reason to have at least four days of Seliḥot before Rosh Ha-shana is that we imagine that we are offering ourselves to God. As we know, offerings must be prepared and checked for imperfections at least four days before they are sacrificed.

Why then do we always begin Seliḥot on Saturday night rather than beginning four days before Rosh Ha-shana? Some suggest that always beginning Seliḥot on the same night is less confusing (Tur and Rema 581:1; MB ad loc. 6). Others suggest that the point of beginning Seliḥot on Saturday night is in order to start our supplications as we exit the holy Shabbat. During Shabbat, people study Torah joyfully, which allows the Shekhina – which only rests where there is the joy of a mitzva – to rest upon them (Leket Yosher).

06. When to Recite Seliḥot

The best time to recite Seliḥot is the last ashmoret (“watch”) of the night, just before morning, which is a time of mercy and acquiescence, a time of anticipation for the dawn of new light and the revelation of God’s word in the world. At this time, everyone is asleep; the world is pure and unsullied by evil thoughts and deeds. Prayer bursts forth from the depths of the heart, breaks through all barriers, and is accepted on high. Any time after midnight is also appropriate for reciting Seliḥot, as that is when people begin to look forward to dawn; it is also a time of mercy and compassion.

Nowadays, people generally go to sleep relatively late, and wake up between six and seven in the morning, which is generally about two hours after the end of the last ashmoret in Israel. Were they to get up during the ashmoret, they would be tired all day and their work or studies would likely suffer. Therefore, many people wake up a half hour or an hour earlier than their usual time and recite Seliḥot before Shaḥarit. Even though it is past dawn, Seliḥot may still be recited then. Nevertheless, it is better to recite Seliḥot after midnight when possible. In any case, a person should make sure that the recitation of Seliḥot does not leave him so exhausted that he cannot meet all his work or study obligations.

There are those who say that a community that cannot get a minyan for Seliḥot in the morning may, on a temporary basis, recite them before midnight – at 10:00 PM, for instance. (See Igrot Moshe OḤ 2:105.) In practice, however, it is better to say Seliḥot on one’s own at the proper time, since the kabbalists and many poskim say that it is not appropriate to recite Seliḥot before midnight. During the first part of the night, the attribute of justice is dominant, and the world is full of worries and sullied by all sorts of evil thoughts and deeds (Birkei Yosef 581:1-2; Sha’arei Teshuva ad loc. 1; MB 565:12).

There are Seliḥot that refer to waking up at dawn. Some maintain that one who is reciting Seliḥot at a different time must skip these piyutim (AHS 581:4). However, the custom is not to be too exacting about this, because the prayer was instituted for the entire Jewish people, and every day there are some who wake up before dawn to recite Seliḥot.

07. Laws of Seliḥot

Seliḥot are recited with a minyan, because the Thirteen Attributes of Mercy are “devarim she-bikedusha” (holy words), which may only be recited in a quorum of ten (SA 565:5). Of course, a minyan is also required for the recitation of the half Kaddish at the beginning of Seliḥot and the full Kaddish at the end. If the time to recite Seliḥot arrives and there is no minyan yet, the congregation should recite Ashrei, the supplications, and the piyutim while skipping the Thirteen Attributes and the paragraph that introduces them. When the tenth man arrives, the congregation should first recite three verses, follow them with the half Kaddish, and then say the Thirteen Attributes from then on, in their assigned places (MB 581:4).

One who is in a place without a minyan for Seliḥot may recite them on his own. However, he must either skip the Thirteen Attributes or read them with the cantillations, as if he were reading from the Torah. Some say he should also skip the Aramaic prayers (SA 565:5; MB 581:4), while others disagree (Kaf Ha-ḥayim 581:26; see Harḥavot).

Even though there is no mitzva to wear a talit at night, according to Ashkenazic custom the ḥazan for Seliḥot wears a talit to honor the prayers and the congregation (MA 18:2; SHT 581:3). Yemenite custom is for all male participants to wear a talit. According to Sephardic practice, the ḥazan for Seliḥot does not wear a talit. After all, he does not wear it for Minḥa, and certainly not for Ma’ariv and Seliḥot, which are recited at night. However, if the ḥazan is not dressed respectably, for example if he is not wearing a jacket, it is proper for him to put on a talit (R. Eliyahu, cited in Mikra’ei Kodesh: Rosh Ha-shana, p. 72, n. 35).

If the service is at night, the ḥazan does not recite a berakha when putting on the talit, as there is uncertainty. According to Rosh, one recites a berakha when putting on a talit at night, whereas according to Rambam, one does not, and in cases of uncertainty about berakhot, we are lenient and do not recite them (Levush 581:1; see MB ad loc. 6). Some ḥazanim make a point of borrowing a friend’s talit (having in mind not to acquire it); since a borrowed talit does not require tzitzit, everyone agrees that a berakha is not recited over it (Taz 581:2).

Even in the presence of a bridegroom or the father (and other honorees) of a child on the day of his brit mila, the vidui and Taḥanun of Seliḥot are nevertheless recited. Some disagree with this; nevertheless, it is the common practice. Since reciting Seliḥot is not absolutely obligatory, it is preferable for a newlywed or someone making a brit not to attend. This way, the congregation does not face uncertainty.

Sephardim say some of the Seliḥot sitting and others standing. Yemenites recite most of them while sitting, while Ashkenazim stand for all of them. Those who find it difficult to stand may sit. They should try to stand when reciting vidui and the Thirteen Attributes, as well as when the ark is open. The elderly, the weak, and the sick who find even that too difficult may sit for the entire service. (See section 12 below.)

08. The Thirteen Attributes of Mercy

The pinnacle of the Seliḥot service is the recitation of the Thirteen Attributes of Mercy, the divine attributes through which God governs the Jewish people. God revealed these attributes to Moshe Rabbeinu after forgiving the Jews for the sin of the Golden Calf. At that point, Moshe requested, “Let me behold Your presence” (Shemot 33:18). God replied, “I will make all My goodness pass before you, and I will proclaim before you the name ‘Lord’” (ibid. 19). In other words, “I will reveal to you the attributes with which I relate to Israel.” Then:

The Lord came down in a cloud; He stood with him there and proclaimed the name Lord. The Lord passed before him and proclaimed: “The Lord! The Lord! A God compassionate and gracious, slow to anger, abounding in kindness and faithfulness, extending kindness to the thousandth generation, forgiving iniquity, transgression, and sin, and absolving them.” (Ibid. 34:5-7)

Yoḥanan commented:

Had the verse not stated this, we would not have been able to say it. God wrapped Himself in a talit like a ḥazan and showed Moshe how to pray. God said to him: “Any time the Jews sin, they should recite these words, and I will forgive them.” (Rosh Ha-shana 17b)

We therefore recite the Thirteen Attributes of Mercy frequently during Seliḥot, on fast days, and on Yom Kippur.

Following the terrible sin of the Golden Calf, it became clear that the connection between God and the Jews is eternal and cannot be negated, no matter how sinful we are. Sins will indeed lead to punishment and terrible suffering, but the deeper connection between God and the Jews remains. Therefore, it is always possible to repent. By reciting the Thirteen Attributes we deepen our faith, connecting with God in such a profound way that it becomes clear that our sins are peripheral and external to us, and thus we can easily repent for them. Because the Thirteen Attributes reveal the exalted status of the Jewish people, they may be recited only with a minyan (SA 565:5; see section 7 regarding an individual praying alone).^[4]

[4]. To understand the power of the Thirteen Attributes, we must first explain that there are two ways in which God relates to the world. Kabbalistic sources usually call them ze’er anpin (smaller face) and arikh anpin (greater face). In Da’at Tevunot §134 and many other places, Ramḥal calls them governance through law (hanhagat ha-mishpat) and governance through unification (hanhagat ha-yiḥud). Normally God relates to Israel through law, according to which everything depends on a person’s actions. If he chooses good, he receives blessing; if he chooses evil, God’s shefa is withheld from him. However, God also relates to the world in a more elevated, hidden way. It is through this relationship, referred to as unification, that the world constantly advances and progresses toward its redemption. Even at low points of sin and punishment, God directs matters behind the scenes to ensure the continued elevation of the world. This relationship is dependent upon God’s covenant with Israel, which is expressed in the Thirteen Attributes of Mercy. The more connected we are to the relationship of unification, the more our faith grows, and the more we can connect the world to its purpose. In a sense, this is repentance on the global scale. Forgiveness and atonement ensue, the heavenly prosecutors disappear, and blessing flows to the world.

09. Penitential Fasting

In the past, many people fasted on Erev Rosh Ha-shana, to accept suffering for their sins, for when a sinner accepts suffering as part of repentance, he is granted atonement and exempted from more severe punishments warranted by his sins. The same applies to public fast days; they atone for sins and exempt the community from further punishment. The Sages offer a parable:

To what can this be compared? To a city that owed a large amount of tax to the king. The king sent agents to collect it, but they were unsuccessful. The city could not pay because the debt was so large. What did the king do? He told his servants and soldiers, “Let’s go there!” By the time the king and his entourage had traveled ten parasangs, the residents heard of his journey, and were frightened. What did they do? Their leaders went out to greet the king. He asked them, “Who are you?” They replied, “We are residents of such and such a city, the one to which you sent tax collectors.” He asked them, “What do you want?” They replied, “Please do us a kindness, as we have nothing to give.” He said to them, “For you, I will reduce the amount by a third.” When the king got closer to the city, ordinary residents went to greet him. He asked, “Who are you?” They responded, “We are people from such and such a city, to which you sent tax collectors, but we cannot pay. We ask that you take pity on us.” The king reduced the payment by another third. He got even closer, and all the residents came out to greet him, young and old. He asked them, “What do you want?” They responded, “Our master and king, we are not able to pay what we owe.” He forgave the final third.

The king in this parable refers to the King of kings, the Holy One, blessed be He. The people of the city are the Jews, who accumulate sins all year long. What does God do? He tells them, “Repent, starting on Rosh Ha-shana.” What do they do? On Erev Rosh Ha-shana the leaders of the generation fast, and God forgives a third of the sins. From Rosh Ha-shana until Yom Kippur, individuals fast, and God forgives another third of the sins. On Yom Kippur, all Jews fast and beg for mercy – men, women, and children – and God forgives them completely. Thus we read (Vayikra 16:30), “For on this day, atonement shall be made for you to purify you of all your sins; you shall purify yourselves before the Lord.” (Tanḥuma Emor §22)

Since the Sages said that fasting before Rosh Ha-shana is very effective, most Jews in the medieval era fasted on that day (see the next section). So states Shulḥan Arukh: “It is the custom to fast on Erev Rosh Ha-shana” (581:2). Since the fast is not mandatory (as are the fasts which commemorate the destruction of the Temple), many fasted only half the day or until plag ha-minḥa (1.25 seasonal hours before sunset). They did not fast the whole day so as not to start the holiday in a state of deprivation (Rema ad loc.; MB 562:10).

Some people fasted for ten days, as Rema writes (ad loc.): “Those who are meticulously observant customarily fast for ten days, and it is proper to do so.” They would fast for six of the Ten Days of Repentance (as it is forbidden to fast on the two days of Rosh Ha-shana, Shabbat, and Erev Yom Kippur), as well as four days prior to Rosh Ha-shana.

In recent times, far fewer people follow customs that involve fasting; even on Erev Rosh Ha-shana, most do not fast. Some suggest that people are weaker and softer than they used to be, so it is not fair to demand that they deprive themselves as an expression of piety (Ḥayei Adam 138:1). The great Hasidic masters maintained that the primary mode of worship in our generations should be joyful, so customs that detract from joy should be avoided. If someone would like to maintain the custom of fasting on Erev Rosh Ha-shana, but he finds it difficult, he should give charity instead. The amount should be either what he would be willing to pay to avoid needing to fast, or minimally, what he would spend for food on an ordinary day.

A

B

C

D

E

Chapter Contents

Menu

languages

Books list