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Question: After the Amida on most mornings we recite Tachanun. It seems that there are many days, including the entire month of Nissan, when such is not the case. My question is, what are those days and why don’t we recite on those days?

M. Solow
Via Email

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Synopsis: Last week, citing from “Otzar Erchei HaYahadut” by Rabbi Yosef Grossman, zt”l, we touched upon the history of the Tachanun prayer and practices related to it. We noted that on Mondays and Thursdays there is a longer version, V’Hu Rachum, that is recited as well. These prayers are supplications whereby one pours out his heart in search of salvation and Heavenly mercy. We also listed the dates on the Jewish calendar when Tachanun is not said: Rosh Chodesh, Chanukah, the 15th of Av, the 15th of Shvat, Purim Katan [on a leap year] and on Purim, two days [Purim and Shushan Purim], Lag B’Omer, Tisha B’Av, the eve of Rosh Hashana, the entire month of Nissan, the eve of Yom Kippur until Isru Chag of Sukkot. Current custom extends to the entire month of Tishrei, and Rosh Chodesh Sivan until Isru Chag of Shavuot. All of these days with the exception of Tisha B’Av are joyous, and the Tachanun prayer evokes the opposite emotion – Midat HaDin. As to Tisha B’Av, we noted that in the future it too shall be a joyous day. Now we continue.

 

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Answer: Rabbi Grossman cites other occasions that also pre-empt Tachanun, because each is an individual’s joyous occasion, and not only they but the entire congregation who are present do not say Tachanun:

Tachanun is not said at Shacharit in the synagogue on the day that a child is circumcised, or [even] if the Ba’al Brit [the father], or the sandek, or the mohel are praying there. We also do not say Tachanun in a place where there is a chatan, a bridegroom, for the entire period of his Sheva Berachot, seven days of feasting [seven 24-hour periods from the time of the chuppah, and for a widower who married a widow, the period of feasting is three days]. It is also not said in the beit avel, home of a mourner”; however, Rabbi Grossman notes, “Those who prayed there do recite Tachanun, when they arrive at their homes.” [This latter halacha, I see, is according to Maharil – yet I have not actually seen that such is the actual practice.]

Now we are faced with the anomaly of the beit avel; surely there is no joy in that situation – why not say Tachanun there? Aruch HaShulchan (Orach Chayyim 131:14) in dealing with this question at the outset cites Beit Yosef (in his longer commentary to Tur, O.C. 131 s.v ‘v’zeh lashon Shibolei Leket’), who is citing Shibolei Leket, who is offering his view on why there is no Tachanun recital on Tisha B’Av. On Tisha B’Av, Tachanun is not recited because Tisha B’Av is called a day of mourning, and aveilut is connected to the festivals, as the verse (Amos 8:10) states “And I will transform your festivals into mourning and all your songs into lamentations.”

Aruch HaShulchan comments: “I don’t understand, true we expound (Moed Katan 15b) that aveilut is compared to the festivals [in that a mourner is forbidden to engage in labor for the entire period of seven days, as the above verse states, “I will transform your festivals into mourning, ” just as one is forbidden to engage in labor on the festival – both Pesach and Sukkot are seven-day festivals – so is one who is in mourning forbidden to engage in any labor] but as for Tachanun recital – what comparison is there to the festival [since] it is actually the exact opposite of a festival?”

Therefore, he posits citing Levush: “The real reason [not to say Tachanun in the mourner’s home] is that we do not wish to over-encumber the house of the mourner with Midat HaDin – the measure of rigorous judgment which is already aroused there.

He also emphasizes, “This rule only applies if there is a mourner present, however when there is no avel present [when there are no survivors there would nevertheless be a shiva observance whereby ten people join together to sit in the home of the departed], in that event Tachanun would be said. Consequently, when the avel [who in the midst of his seven days of aveilut was unable to assemble a minyan in his house and therefore] is sitting in the synagogue, we cannot apply these rules; rather, he follows the congregation, as we surely cannot refer to the synagogue as the beit avel. However, the avel himself will not say Tachanun. [On the other hand, if he is leading the services in the synagogue, then Rabbi Shlomo Zalman Auerbach (Halichot Shlomo 11:10) rules that not only does he not recite Tachanun but the congregation follows him as well and they do not recite.]

Aruch HaShulchan concludes: “What if the avel [aveilim] are not sitting in the house where the niftar died? Even so that might still be considered beit ha’avel – the mourner’s house.”

This last rule relates to today’s more contemporary situations. In times past, generally a person died in his own home in his own bed, but today not necessarily the case. Very often a person leaves this world from either a hospital or a nursing facility. In such a case it is quite obvious that the survivors cannot sit in mourning in such a facility, thus optimally they will sit in the departed’s home, or if there is no such option, they will sit in another family member’s home.

As to the matter of yahrzeit – specifically the anniversary of a tzaddik’s death – when some, mostly chassidim, do not recite Tachanun, Rabbi Chaim Elazar Shapira (the Minchas Elazar, in his Divrei Torah 3:83) is surprisingly very critical of the practice, for in his view, every day of the year brings forth many a yahrzeit of a tzaddik. Yet we see in spite of this great chassidic leader’s express view that this has become the established practice.

A famous yahrzeit that is widely observed without Tachanun is that of Moshe Rabbeinu, on the 7th of Adar. I’m not sure if any criticism would be directed at that observance.

On a happier note, may we all merit that this Pesach festival shall be the beginning of the redemption of our people as we are reminded by the above cited verse (Amos 8:10) that states “And I will transform your festivals into mourning and all your songs into lamentations…,” from which we derive comparisons from the festivals to mourning and hopefully vice versa as well, and thus we beseech Hashem to usher in our final deliverance.

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Rabbi Yaakov Klass is Rav of K’hal Bnei Matisyahu in Flatbush; Torah Editor of The Jewish Press; and Presidium Chairman, Rabbinical Alliance of America/Igud HaRabbonim.