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Chapter Nineteen-Part Three

Kedushah and Modim D’Rabbanan


Rabbi Eliezer Melamed


In the third berachah of the Amidah, Kedushah is recited. The essence of the Kedushah is in the responses, "Kadosh, kadosh, kadosh, Hashem Tzevakot, melo kol ha’aretz kevodo" ("Holy, holy, holy is Hashem, master of Hosts, the whole world is filled with His glory") and "Baruch kevod Hashem mimkomo" ("Blessed is the glory of Hashem from His place"). Originally, it was customary for only the chazan to recite the connecting passages and the congregation would answer the verses, "Kadosh," "Baruch," and "Yimloch" (Shulchan Aruch 125:1). Nowadays, according to the Arizal, the congregation also recites the connecting passages, the chazan repeats them aloud afterwards, and the congregation responds with the verses of the Kedushah (Mishnah Berurah 125:2; Kaf HaChaim 2).
Some say that the verse "Yimloch" is not an essential part of Kedushah, but rather one of the chazan’s connecting passages, and therefore, if a person is in the middle of reciting Birkot Keriat Shema, and he hears Kedushah, he may only recite the verses "Kadosh" and "Baruch" and not the verse "Yimloch." Others say that he recites "Yimloch", since this verse is included in Kedushah as well. This is the prevalent minhag. 6
Kedushah is recited a total of three times in Shacharit: in Birkat Yotzer Or, in Chazarat HaShatz, and in the passage U’va L’Tzion. However, the poskim disagree as to whether the laws of the Kedushah in Chazarat HaShatz apply to the other two, and whether it is necessary to recite them in a minyan. In practice, the halachic ruling is that an individual is permitted to recite them. However, to avoid uncertainty, it is best that he recite them in a melody of cantillation as if reading from the Torah (see further in this book 16:4; 23:2). The Kedushah in the Amidah repetition is the essence of Kedushah and it is only recited with a minyan.
It is proper to stand with one’s feet together for Kedushah, since we recite this Kedushah like the angels whose legs are so close together that they resemble one leg (Shulchan Aruch 125:2). There are those who enhance the mitzvah by remaining with their legs together until the end of Birkat HaKel HaKadosh (Eliyah Rabbah 125:6). However, this is not an obligation and many prominent rabbinic authorities are not strict concerning this.
It is customary to raise one’s heels slightly when saying "Kadosh Kadosh Kadosh," "Baruch," and "Yimloch," and to turn one’s closed eyes upward, thereby expressing the desire to transcend physical boundaries and soar upward. The source for this resides in the Midrash (Beit Yosef and Rama 125:2; Mishnah Berurah 6; Kaf HaChaim, paragraphs 2 and 9).

7.When Does the Chazan Recite the Verses of Kedushah?
The chazan must recite the verses "Kadosh," "Baruch," and "Yimloch" together with the congregation, in order to say them with a minyan. He must also recite them out loud, so that if someone is in the middle of the Amidah, he will be able to hear them, thereby fulfilling his obligation of Kedushah, for one who hears is like one who answers (Shulchan Aruch 104:7). After reciting the verses, he should be silent until the majority of the congregation concludes saying the connecting passages, and then he recites them aloud.
If the chazan’s voice is not strong enough to be heard by the congregation, he should wait until most of the congregation finish reciting the verse, so that their voices fade slightly, and only then start to recite the verse. That way, on the one hand, everyone will be able to hear him, and on the other hand, since some have not finished reciting the verses of Kedushah, he is still considered to be reciting them in a minyan.
If the congregation is very large, so that the chazan can only make his voice heard after everyone has finished reciting the verse, there are various opinions as to how he should practice. Some maintain that it is crucial that he recites the verses of Kedushah with the congregation and tries to be heard by at least ten people. Others say that it is most important that everyone can hear him; he should not be concerned that he may not be reciting the verses with ten people. Since he is the chazan, when there is a minyan there that can hear him, he is, indeed, considered to be saying them in a minyan. Therefore, he must wait until his voice can be heard by everyone. Both minhagim are valid. 7

8.Modim D’Rabbanan and Additional Laws
When the chazan reaches Modim, the whole congregation bows with him and recites Modim d’Rabbanan, whose nusach differs from that of the Modim in the Amidah, as clarified in the Talmud (Sotah 40a).
The entire congregation bows down in Modim d’Rabbanan. The laws concerning this bow are similar to the laws of Modim in the silent Amidah (Mishnah Berurah 127:2; Kaf HaChaim 1; see earlier in this book 17:6).
There are those who say that it is necessary to bow again at the conclusion of Modim d’Rabbanan. Others say that it is proper to recite the full Modim d’Rabbanan while bowing. The prevalent minhag is to bow only in the beginning of Modim d’Rabbanan, as was the minhag of the Ari (see Shulchan Aruch and Rama 127:1; Kaf HaChaim 10).
In a prayer service in which Birkat Kohanim is recited, as in Shacharit, Musaf, and in the Minchah of fast days, if there are no Kohanim present, the chazan recites the verses of Birkat Kohanim as a prayer, and the congregation responds "Ken yehi ratzon" to every verse.
There are two versions of Birkat HaShalom – "Sim Shalom" and "Shalom Rav." According to Nusach Sephard, which follows the Ari, Sim Shalom is recited in all the prayers. According to Nusach Ashkenaz, Sim Shalom is recited in a prayer in which Birkat Kohanim can be recited. In a prayer in which Birkat Kohanim cannot be recited, Shalom Rav is recited. If one mistakenly said the wrong wording, he still fulfilled his obligation (Rama 127:2, Mishnah Berurah 13; Kaf HaChaim 24). 8
If a chazan becomes disoriented to the point where he cannot continue praying, the congregation waits to see if he can return to his senses. If he cannot continue, another chazan is appointed to replace him. If this happens in one of the middle berachot, the second chazan starts from the beginning of that berachah. If it happens in the middle of the first three or the last three berachot, he starts from the beginning of those three berachot (Shulchan Aruch 126:1-2). 9

9.Is It Possible to Make Up the Amidah Repetition?
Ten men who each prayed individually and later gather in one place do not have the status of a minyan and cannot recite Chazarat HaShatz since they each already prayed as individuals (Radbaz; Mishnah Berurah 69:1; Kaf HaChaim 1; Barchu is made up after the prayer service for those who came late, as clarified further in this book 23:9).
However, if there is a person among them who did not yet pray, he may say Half-Kaddish and Barchu after Yishtabach. When he reaches the Amidah, he recites the first three berachot aloud and the others then say Kedushah with him. That way, everyone is able to hear Kaddish, Barchu, and Kedushah. This law is called "Pores al Shema" ("dividing the Shema"). Similarly, in Minchah, a person who did not yet pray may recite Ashrei, Kaddish, and then the Amidah, saying the first three berachot aloud.
The law concerning an individual who arrived late to prayer is similar. If there are nine people willing to answer Amen after him, when he reaches Yishtabach, he may recite Kaddish and Barchu and when he reaches the Amidah, he says the first three berachot out loud, thereby enabling the recital of Kedushah. 10
If six people have gathered to pray and another four who already prayed join them, the chazan may recite the entire prayer service. Since there are ten Jews there, and among them, a majority of a minyan who did not yet pray, they are considered a minyan and all the relevant laws apply. 11
However, if there are only five that have not yet prayed, their law is like that of an individual. When they arrive at Yishtabach they recite Kaddish and Barchu, and when they reach the Amidah, one of them recites the first three berachot out loud and subsequently they say Kedushah (see Bei’ur Halachah 69 s.v. "Omer").

^ 5.The minhag of the Ashkenazim is that the congregation starts their Amidah after Birkat HaKel HaKadosh, and according to the Sephardic custom, the congregation starts along with the chazan. The basis for this difference is in how each custom relates to the berachah of Hakel HaKadosh. The poskim disagree as to whether the halachah follows the Yerushalmi, which maintains that there is special virtue in answering Amen to the berachot HaKel HaKadosh and Shome’a Tefillah. According to the Rama, a person may respond to their recital even if he is in the middle of saying Birkot Keriat Shema, whereas according to the Shulchan Aruch 66:3 the law regarding them is like the laws concerning all other berachot to which we may not respond while in the middle of reciting Birkot Keriat Shema. Therefore, according to the Mishnah Berurah, one starts his Amidah after Birkat HaKel HaKadosh so that he may respond Amen, and according to the Sephardim, there is no reason for this. This is clarified in Shulchan Aruch 109:1.
Even so, I have presented one approach for both Sephardim and Ashkenazim since there are numerous reasons why even Ashkenazim should start with the chazan in Shacharit: 1) L'chatchilah, it is best to abide by the ruling of the Shulchan Aruch, which rules that one does not answer Amen to HaKel HaKadosh in the middle of Birkot Keriat Shema, and if he starts reciting the Amidah with the chazan, he avoids this uncertainty. 2) From the standpoint of prayer in a minyan, there is virtue in the fact that all ten start praying together as explained in this book, chapter 2, note 2. 3) It is less complicated halachically to respond to Kedushah after Birkat Mechayei Meitim than in the middle of Birkat Emet V’Yatziv. 4) It is possible that reciting the Amidah in a minyan together with the chazan is considered as responding Amen (see Mishnah Berurah 109:13-14). In Minchah, it is easier to recommend to Ashkenazim who normally extend their prayer that they should start with the chazan enabling them to respond to the Kaddish after the Amidah, for certainly its virtue is no less than the virtue of responding Amen to HaKel HaKadosh. However, for those who shorten their prayer, even according to the Sephardim it is good that they start after HaKel HaKadosh, so that they will merit answering Amen after the berachot of Chazarat HaShatz, including HaKel HaKadosh, which some say possesses special virtue. Another reason for this is so that they will not be idle upon finishing the Amidah.

^ 6.The Mishnah Berurah 125:1 mentions both opinions and in section 66:17 he writes that in practice one may not respond the verse Yimloch while in the middle of Birkot Keriat Shema, for that is the opinion of most Acharonim, and so rules the Yechaveh Da’at 6:3. That is also the law concerning reciting this verse in the middle of the prayers of supplication after the Amidah (Elokai Netzor), as explained in Mishnah Berurah 122:4. However, Aruch HaShulchan 66:6 writes that this matter is left unresolved and one may do as he pleases. After bringing many Acharonim who maintain that Yimloch is not part of the main section of Kedushah, Kaf HaChaim 66:18 (and section 122:1 and 124:17), writes that Yimloch is, indeed, considered part of the Kedushah, as can be inferred from Sha’ar HaKavanot. This issue also has halachic significance pertaining to one who is in the middle of reciting the Shemoneh Esrei, whether he must also be quiet during Yimloch. See Aruch HaShulchan 104:13.

^ 7.The Bei’ur Halachah 125 s.v. "Ela" writes that if the chazan starts the verse before the congregation finishes saying it, he is considered to be reciting it in a minyan. However, if even then they will not hear him, the Bei’ur Halachah is uncertain as to whether the chazan may recite the verses after the congregation has finished, for perhaps because he is saying them in order to fulfill the obligation of the people listening, he need not say them with ten people, and it is enough that ten people hear him to be considered reciting them in a minyan. He leaves this matter unresolved. Divrei Yosef 13 writes that the chazan must say the verses with the congregation. However, Beit Yehudah, part 2, 3, writes that we are not strict that the chazan recite the verses with the congregation and that is also implied from Igrot Moshe, Orach Chaim 3:4.
When a person is praying the Amidah and silently stops so as to hear the chazan recite the Kedushah, as explained in Shulchan Aruch 104:7, yet does not succeed in hearing him, the Levushei Mordechai, part 1:17 writes that he should have kavanah to hear a congregant instead. However, many poskim maintain that since the people in the congregation do not have kavanah to fulfill him in his obligation, this is not effective. Therefore, if he cannot hear the chazan, it is best that he continues praying the Amidah. So is written in Kaf HaChaim 104:36 and implied in the Igrot Moshe there.

^ 8.Bei’ur Halachah 127:2, s.v. "Aval" writes that if he remembers in the middle of the berachah that he began Shalom Rav in Shacharit, he must go back and correct it as long as he did not finish the berachah, because the wording of Shalom Rav is short and lacks some of the content mentioned in Sim Shalom. However, if in Ma’ariv someone realizes in the middle of the berachah that he mistakenly started Sim Shalom instead of Shalom Rav, he need not go back and correct it because Sim Shalom includes the wording of Shalom Rav. The Nusach of most Chassidim is to recite Sim Shalom every day in Minchah. It seems that the reason for this is because on fast days Birkat Kohanim is recited in Minchah, since there is no concern of intoxication then. If so, we see that essentially, it is befitting to recite Birkat Kohanim in every Minchah when there is no concern of intoxication; therefore, it is appropriate to recite Sim Shalom.

^ 9.The Shulchan Aruch 126:3 writes that a chazan who forgot to recite Ya’aleh V’Yavo in the Amidah repetition on Rosh Chodesh or Chol HaMo’ed does not repeat it. Although an individual must repeat his prayer following such a mistake, nevertheless, a chazan does not, since subsequently in Musaf, the specialness of the day is mentioned and therefore, so as not to trouble the congregation, we do not compel him to repeat Chazarat HaShatz. However, if he has not yet finished praying, he returns to Retzeh in order to insert Ya’aleh V’Yavo, for that is not such a big bother to the congregation. A chazan who errs in his silent Amidah does not need to repeat his prayer, since he fulfills his obligation in the Amidah repetition (Shulchan Aruch 126:4).

^ 10.Some say that when this individual, to whom the congregation agrees to respond, finishes Tachanun, he says Half-Kaddish, and when he concludes U’va L’Tzion, he says Kaddish-Titkabal. So write Kaf HaChaim 56:37 and Ishei Yisrael 34:4. The Hagahot Ish Matzliach on section 69 writes that some say that Kaddish-Titkabal is recited only when at least three people did not pray, and others say that it is only recited when six people who did not pray are present. Each community follows its own customs. As it seems, the prevalent minhag is to recite the Kaddishim after the Amidah only for six people who did not pray.
In principle, if the person who did not yet pray is unable to pray aloud, someone else may be chazan for him, say the Kaddish and Barchu for him, and start the first three berachot of the Amidah out loud. Afterwards, that chazan who prayed for him must finish the rest of his prayer silently (see Rama 69 and Mishnah Berurah 17).

^ 11.If six people start reciting the Amidah with the hope that four others will eventually join them, and indeed, after they conclude their silent prayer, four people who already prayed arrive and are willing to complete the minyan, according to the Radbaz, since when they prayed silently there was no minyan, they cannot recite the Amidah repetition. Many poskim maintain, however, that since they assembled in order to pray in a minyan, they hoped that people would arrive to complete their minyan, and they even comprised most of a minyan, so they may recite Chazarat HaShatz. So writes Har Tzvi Orach Chaim 1:51 and Yalkut Yosef 69:1.

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