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Q & A: Chazzan And Congregation (Part XIV)


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Question: What should the chazzan do when he reaches Kedushah and Modim? Some chazzanim say every word of Kedushah out loud and some only say the last part of the middle two phrases out loud. As far as the congregation is concerned, some congregants say every word of Kedushah and some say only the last part. Finally, some chazzanim and congregants say Modim during chazaras hashatz out loud and some say it quietly. What is the source for these various practices?

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Answer: The Shulchan Aruch Harav (Orach Chayim 124:1) explains that a chazzan repeats Shemoneh Esreh out loud to fulfill the prayer obligation of those who can’t pray on their own (see Rosh Hashanah 33b-34a).

The Mechaber (Orach Chayim 125:1) states that congregants should not recite Nakdishach [Nekadesh] together with the chazzan; rather they should remain silent and concentrate on the chazzan’s recitation until he finishes that portion, at which point they should say, “Kadosh, kadosh…” The Mishnah Berurah (ad loc. sk1) explains that congregants should remain quiet because the chazzan is their messenger, and if they say Nakdishach along with him, he no longer appears as their messenger.

The tefillah of Modim within the Amidah is so important that Berachot 21b instructs one who arrives late to begin praying only if he will conclude before the chazzan reaches Modim. Tosafot explain that one must bow with the congregation at Modim in order that one not appear as a denier of G-d to whom the congregation is praying (see Rabbenu Tam, Tosafot s.v. “ad sh’lo yagia…” Berachot 21b).

Rabbi Soloveitchik (as cited in Nefesh Horav by Rabbi Herschel Schachter, p. 128-129) notes that the congregation must listen to Modim of the chazzan and compares the question of what congregants should do during Modim to the question of what congregants should do during Birkat Kohanim, as discussed in Sotah 39b-40a. Rabbi Soloveitchick suggested that the chazzan recite the beginning of Modim out loud, pause for the congregants’ Modim D’Rabbanan, and then continue with his Modim blessing out loud.

Birkat Kohanim is part of chazaras hashatz but is said by kohanim (unless none are present in which case the chazzan says it). One prayer recited during Birkat Kohanim is “Ribono shel olam,” which the Mechaber (Orach Chayim 130:1, citing Berachot 55b) states should be said by anyone who has a dream which he doesn’t understand. The Shulchan Aruch Harav (Orach Chayim 128:58) says this prayer should be recited while the kohanim are melodiously drawing out the last word of each verse.

He and the Aruch Hashulchan also discuss saying the “Adir bamarom” prayer at this time. The Aruch Hashulchan, clarifying Berachot 55b, explains that someone who cannot complete “Ribono shel olam” in time should say the shorter “Adir Bamarom,” while Taz and Magen Avraham say the shorter prayer is recited after the longer, time permitting. The Aruch Hashulchan concludes, based on the Rif and Rosh that the congregation should say “Adir Bamarom” during the drawn-out last word.

During Birkat Kohanim, the kohanim should look downward so as not to interrupt their concentration. The congregation should likewise concentrate and face, but do not to gaze upon, the kohanim, who customarily spread out a tallit over their heads. Some also cover their hands (see Rema, Bet Yosef, and Tur, Orach Chayim 128:23). The Mechaber (128:24, citing Sotah 38b) writes that people standing behind the kohanim are not included in their blessing.

* * * * *

The Mishnah Berurah (to Orach Chayim 128:24) in his Bi’ur Halacha commentary (s.v. “afilu mechitza shel barzel…”) cites Elyah Rabbah, who mentions the ruling (in Orach Chayim 55:20) that there can be no separation between the person saying and the person responding to Kaddish and Kedushah. The Elyah Rabbah asserts that the same rule should apply to Birkat Kohanim. If a wall separates people from the kohanim, those beyond the wall should not be included in the berachah.

The Mishnah Berurah, however, cites Sefer Ha’Eshkol which states that the law is different for Birkat Kohanim regarding people in the fields and have no need to answer “Amen” to the berachah. What, then, is the basis of the Elyah Rabbah’s opinion that the standard rule of separation does apply to Birkat Kohanim? The Mishnah Berurah speculates that perhaps the Elyah Rabbah was referring to a case where people were either in the synagogue’s courtyard or outside but quite close to the synagogue. These people are too close to the synagogue to be considered anusim and faultless and therefore are not included in Birkat Kohanim.

About the Author: Rabbi Yaakov Klass, rav of Congregation K’hal Bnei Matisyahu in Flatbush, Brooklyn, is Torah Editor of The Jewish Press. He can be contacted at yklass@jewishpress.com.


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Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

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Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

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Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

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Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

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