The Laws of Tachanun - Rabbi Avraham Mizrachi shlita

00:02 Speaker 1 You’re listening to “Lema’an Yishme’u,” a podcast of Machon Halacha Chabad.

00:09 Speaker 2 With Hashem’s help, in this lesson we’ll learn the laws of Tachanun, Nefilas Apayim, and confession. Before we get into the details, let’s say a few important things about Tachanun. It is well known that prayer is “a ladder set on the earth, with its top reaching heaven.” Tachanun, and Nefilas Apayim in particular, occupy a very high place, above Shemoneh Esrei, the Amidah. The very opportunity to say Tachanun and perform Nefilas Apayim is a chance to ask forgiveness for subtler, finer matters after Shemoneh Esrei. So saying Tachanun is itself an immense privilege. According to halacha, the whole matter of supplications, confession, and Nefilas Apayim is classified as a custom, not an obligation under the basic law. But its spiritual qualities are certainly so lofty that we should not make light of Tachanun or look for ways to avoid saying it. The opportunity to say Tachanun is a wonderful thing. It is worth adding the well-known account of the Rebbe asking the Frierdiker Rebbe about saying Tachanun on the yahrzeits of the Rebbeim. In other courts, the custom is not to say Tachanun on the yahrzeit, the hilula, of a Rebbe. The Frierdiker Rebbe answered the Rebbe: When is there a better opportunity to say Tachanun than on days like these—the yahrzeit of a Rebbe, which is an auspicious time? In other words, Tachanun is a very lofty matter. It is a privilege and a very high point in prayer, and we must take it seriously. On the other hand, on days and in circumstances when we do not say Tachanun, as we’ll learn in the lesson, the Rebbe explains in his holy sichos that this does not mean we are deprived of Tachanun’s tremendous spiritual quality. Rather, we have its fullness and its spiritual benefit, but it

02:34 Speaker 2 comes in another way, not through our actually saying it. There is an interesting halacha, and it brings us back to what we said at the beginning: On the one hand, Tachanun is very lofty and sublime; on the other, it is not an obligation under the basic law. It is a custom—an ancient custom, but a custom nonetheless. That is why it has a number of leniencies. So much so that if, for whatever reason, the person leading the prayers makes a mistake and, after finishing the repetition of Shemoneh Esrei, begins Kaddish by mistake, the halacha says he should finish the Kaddish and not say Tachanun afterward. The prayers continue as usual. Why? Again, because Tachanun is fundamentally a custom, and once he has begun Kaddish, the prayers continue without Tachanun. The proper time to say Tachanun is immediately after Shemoneh Esrei: for someone praying alone, immediately after the silent Amidah; for someone praying with a congregation, immediately after the person leading the prayers finishes the repetition. The emphasis on “immediately” means not doing things that distract us, or having unnecessary conversations, between the repetition and Tachanun. The Alter Rebbe goes so far as to write that if someone does talk, Tachanun is still effective, but not as effective as it would have been had there been an uninterrupted flow from Shemoneh Esrei to Tachanun. A brief exchange, of course, is not such a serious matter, but one should not get carried away talking or become involved in things unrelated to Tachanun and Nefilas Apayim. One does not have to perform Nefilas Apayim in the exact spot where one finished Shemoneh Esrei. One may move elsewhere, especially, as we’ll see later, if one wants to sit down and needs to take a few steps to do so. That is fine, because

04:41 Speaker 2 the walking is for the sake of Nefilas Apayim. As for a person’s posture during confession, Shulchan Aruch states in the laws of Yom Kippur that one should stand while confessing, bend forward slightly as in Modim to show submission, and strike one’s chest with a fist at each word—“We have sinned,” “We have betrayed,” and so on. After the confession comes the recitation of the Thirteen Attributes of Mercy, which we say only with a congregation. When praying alone, some have the custom of reciting them with the Torah cantillation, while others do not recite them at all. When the Thirteen Attributes of Mercy are recited with a congregation, it is proper to pause briefly between “in the name of” and “Hashem” in the verse “and he called in the name of Hashem.” “And he called in the name”—“And Hashem passed before him and he called.” There is also a brief pause between the first and second mentions of Hashem, and then all the Thirteen Attributes of Mercy are recited. After the confession and the Thirteen Attributes of Mercy, we move on to Nefilas Apayim. According to our custom, during Nefilas Apayim we say the psalm “To You, Hashem, I lift up my soul.” It is important to know that the Alter Rebbe’s Shulchan Aruch cites two customs on this point. Some do not say this psalm, but instead say another passage, “Merciful and gracious One, I have sinned before You,” and so on. The reason is that the holy Zohar says very lofty things about reciting “To You, Hashem, I lift up my soul”: it is an exceptionally high state of self-nullification and self-sacrifice to Hakadosh Boruch Hu, even higher than in Shemoneh Esrei. But for that, it must be said with heartfelt intention. If, Heaven forbid, it is said without heartfelt intention—if, in the Alter Rebbe’s words, a person says this psalm while his heart is far from it—very serious things are written about this. So some refrained from saying this psalm. But it does appear in our siddur, especially since, in practice, we only sit and lower

07:04 Speaker 2 our heads. It is not quite the original form of Nefilas Apayim practiced in earlier times, so the matter is not as severe. Still, of course, intention is very important when saying this psalm. So we sit and say it. According to Kabbalah, sitting during Nefilas Apayim is important, but if someone cannot sit for any reason, they may also say “To You, Hashem, I lift up my soul” while standing. The custom is to lower the face and cover it with a tallis or a sleeve, not just with a hand, because a hand does not conceal the face: it is part of the person’s body. During Shacharis, one leans to the right out of respect for the tefillin on the left arm, and during Mincha, one leans onto the left arm. If the person leading the prayers stands to the right of the Aron Kodesh, it is good for him to turn his head slightly to his left, toward the Aron Kodesh. Someone sitting opposite the Aron Kodesh should also turn their head toward it. After finishing the psalm, one raises one’s head while still seated and says the short Avinu Malkeinu and “We do not know.” The custom is to stand before saying the words “what we should do,” and to say the remaining verses standing. As Shulchan Aruch explains, the reason we say “We do not know what we should do” is that we have prayed in several ways, using different postures. We prayed sitting during Shema, standing during Shemoneh Esrei, and with Nefilas Apayim during Tachanun—and we do not know what else to do. In other words, we have tried every possibility, and we do not know what more we can do for our prayer to be accepted. Then we continue with the order of prayers: after that comes Half Kaddish, and so on. Of course, on Mondays and Thursdays, immediately after Nefilas Apayim, we add Vehu Rachum, which is very important. The Alter Rebbe even uses a particular expression in section 131, paragraph 5. He says

09:32 Speaker 2 Although saying Vehu Rachum is not obligatory, it is very important. So on Mondays and Thursdays we say it in full, and it is proper to say it standing as well. When we discuss the details of the laws of falling on one’s face, we start with the words of the prophet in the Book of Yehoshua. There we see Yehoshua in this position: he fell on his face after the battle of Ai, in which thirty-six of the Jewish people fell. When he heard the news, “Yehoshua tore his garments and fell on his face to the ground before the Ark of Hashem until evening.” This is a basis for the custom: falling on one’s face is connected to the Ark of Hashem. So where there is an Aron Kodesh and Torah scrolls, one falls on one’s face. Where there are no Torah scrolls, the custom is to say this supplication without covering one’s face. That is how it appears in the Alter Rebbe’s Shulchan Aruch, section 131, paragraph 3. “Before the Ark of Hashem” does not mean only the main hall of the shul. It also includes a courtyard that opens toward the shul, when the shul is open. The women’s section, when it is in the same building as the shul, is also considered “before the Ark of Hashem.” Even if it does not open directly toward the shul, it is considered part of the same shul complex. Therefore, one does fall on one’s face in the women’s section. Later halachic authorities bring a broader understanding of “before the Ark of Hashem”: when a person davens in a room containing sefarim, that too can be considered before the Ark of Hashem. There is also a widespread practice based on reports about the Rebbe himself in the early years. When he would return from the Ohel and sunset was approaching, he would daven in a workshop belonging to one of the chassidim, and they said

11:52 Speaker 2 that the Rebbe davened Mincha there and said Tachanun, including falling on his face, as usual. So the boundaries of this law—falling on one’s face before the Aron Kodesh—are understood somewhat more broadly: not necessarily an actual Aron Kodesh, but also a place with sefarim and the like. There is an interesting halachic point in the Alter Rebbe’s ruling: an individual davening at home, where the conditions we mentioned do not apply—there is no Torah scroll, though there may perhaps be sefarim—may still fall on his face if he davens at the same time that the congregation is davening and falling on their faces. He may do so at home regardless of the fact that the conditions for being “before the Ark of Hashem” are not met there. Since it is the same time as the congregation’s prayer in shul, “no iron barrier separates the Jewish people from their Father in Heaven.” He is considered connected to the minyan’s prayer at that time, and he can fall on his face. The halachic authorities bring that in Jerusalem the custom is to fall on one’s face everywhere, even where there are no Torah scrolls, because all of Jerusalem is considered “before the Ark of Hashem” due to its proximity to the site of the Beis Hamikdash. Let’s now go through the dates on which Tachanun is not said. Some of these days are excluded by the basic law, some by custom—a custom recorded in the Alter Rebbe’s siddur—and over the course of Chassidic history, several more festive days have been added on which Chabad custom is not to say Tachanun. According to the list the Alter Rebbe gives in his siddur, it works out as follows: Tachanun is not said throughout the month of Nissan; on Pesach Sheini, meaning 14 Iyar; on Lag BaOmer; from Rosh Chodesh Sivan through 12 Sivan; on 15 Menachem Av; from Shacharis on Erev Rosh Hashanah; from Erev Yom Kippur through the end of Tishrei; and on 15 Shvat. [unclear] Basically, these days are a matter of custom.

14:22 Speaker 2 Needless to say, the Alter Rebbe adds in the siddur, on Tisha B’Av, Purim Katan—14 and 15 Adar I—Purim Gadol—14 and 15 Adar II—Chanukah, and Rosh Chodesh, Tachanun is not said as a matter of basic law. On most of these festive days, the festive character begins at Mincha the day before. So Tachanun is not said from Mincha before those dates: Erev Rosh Chodesh, Erev Chanukah, Erev Purim Gadol and Purim Katan, Erev Lag BaOmer, Erev 15 Menachem Av, and Erev 15 Shvat. There are three exceptions. Tachanun is said at Mincha before Erev Rosh Hashanah, at Mincha before Erev Yom Kippur, and at Mincha on Erev Pesach Sheini. That is because the main festive aspect of Pesach Sheini begins on the afternoon of the 14th, with the offering of the Pesach Sheini sacrifice, which was eaten on the night of the 15th. To the list in the Alter Rebbe’s siddur, we should add the well-known list in Sefer Haminhagim. There are several festive days on which the custom is not to say Tachanun: 19 and 20 Kislev, including Mincha the day before; 10 Kislev, including Mincha the day before; and 12 and 13 Tammuz, the days celebrating the Frierdiker Rebbe’s liberation, also including Mincha the day before. In all Chabad communities, the custom is not to say Tachanun on these days. Sefer Haminhagim mentions additional dates on which not saying Tachanun is not a firm, predetermined rule, but depends on one’s feeling. As for days when Tachanun is not said, what about the night afterward? What about Krias Shema before bed? As we know, our text of Krias Shema before bed includes Vidui, confession. So what happens to Vidui on the night after a day when Tachanun was not said? On Motzaei Shabbos, the influence of Shabbos remains until midnight; there is Melaveh Malkah. So until midnight

16:35 Speaker 2 on Motzaei Shabbos, we do not say Tachanun in Krias Shema before bed. After midnight, we do. For Yom Tov, this question is irrelevant in most cases, because Tachanun is not said on the following day either. For Pesach, we have the entire month of Nissan. For Shavuos, we have all the days of tashlumin. For Sukkos, we have all of Tishrei. After Yom Kippur, too, there are two days on which Tachanun is not said. The question is relevant only to Rosh Hashanah or to Rosh Chodesh throughout the year. The answer is that Tachanun is not said on that day, but once night arrives, the day has ended, and there is no sufficient reason not to say it. So Tachanun is said in Krias Shema before bed on the night after a day when it was not said. There is one exception: Pesach Sheini. On Pesach Sheini, Tachanun is not said on 14 Iyar, and the Pesach Sheini sacrifice was customarily eaten during the night between the 14th and the 15th. So at Krias Shema before bed on the night following Pesach Sheini, the night of the 15th, there is still sufficient reason not to say Tachanun. On the other days, as we mentioned, Tachanun is not said during the day, but once the day ends, it is said at night. Another important law concerns the time for saying Tachanun. As it says in Shulchan Aruch, during the day—on ordinary days, of course—we say Tachanun: from dawn until sunset, and even during twilight. But nighttime is not a time for Tachanun. The works of Kabbalah explain that night is a time of judgment, of gevurah, and Tachanun comes to weaken the attribute of judgment. Saying it at night could therefore cause the force of judgment to intensify, so we do not say Tachanun at night. That means until sunset, even including twilight

18:56 Speaker 2 During twilight, when it is uncertain whether it is day or night, Tachanun is still said. But from nightfall onward, Tachanun is not said throughout the night, until dawn approaches. As is apparent from what the Alter Rebbe says about the Selichos recited in the early morning hours: since it is already near the end of the night, approaching morning, Tachanun is said. In short, Tachanun may be said throughout the day, but the night—from nightfall until dawn, or until close to dawn, in the early morning hours—is not a time to say Tachanun. Now let’s discuss reasons not to say Tachanun, not because of particular dates, but because of various joyous events in the community: a bris, a groom, or the dedication of a Sefer Torah. These occasions bring joy to the community and to those near the people celebrating or the celebration itself, as we’ll see. They create an atmosphere of joy in which it is not fitting to say Tachanun. Let’s begin with a bris. In a shul where a bris will take place, Tachanun is not said at Shacharis that day, because the mitzvah of circumcision was accepted with joy. In other words, if a bris is going to take place later that day in that room, in that shul, then at Shacharis there, regardless of whether the people involved in the bris are present, the fact that a bris will take place there brings joy to the place, and Tachanun is not said at Shacharis before the bris. Another reason: if the bris will take place elsewhere, not in the shul, but one of those involved in the bris is present in the shul—the baby’s father, the sandek, or the mohel—the congregation does not say Tachanun. As for Minchah, we are of course speaking about after the bris has already taken place. The bris was held in the shul in the morning, and now Minchah is being davened there.

21:32 Speaker 2 In that case, Tachanun is certainly said. Even if one of those involved in the bris davens Minchah after the bris has taken place, his presence does not exempt the congregation. He himself does not say Tachanun, because the entire day is considered a Yom Tov for him, but he does not exempt the others once the bris has taken place. The exception is if Minchah is davened in the presence of the baby. That is, the bris took place before Minchah, the congregation continued the meal afterward, and when the time for Minchah arrived they davened in the presence of the baby who had the bris. Tachanun is not said at Minchah either, because being there with the baby means the joy continues and extends to Minchah after the bris. As for a groom: when a groom is present in a shul during the seven days of celebration, his very presence brings joy to the congregation, and Tachanun is not said, because those seven days are considered a Yom Tov. We are speaking about a groom for whom this is his first marriage: seven days. If it is a second marriage for both him and her, there are only three days of celebration during which Tachanun is not said. On the day of the wedding itself, if the chuppah takes place before nightfall, Tachanun is not said at the prayer service before the chuppah. Often, though, the chuppah takes place in the evening, at night. Even so, there is a widespread custom not to say Tachanun on the groom’s wedding day, although it is still daytime and the chuppah will be at night. Some suggest that this is because our custom is to sign the kesubah before nightfall. That too brings an element of wedding joy to the day, and so Tachanun is not said. There is an interesting point about the seven days of celebration: they are counted as seven full twenty-four-hour periods. For example, if the chuppah took place in the late afternoon,

24:08 Speaker 2 you count twenty-four hours times seven. Until the hour at which the chuppah took place, Tachanun is not said. So if you daven Minchah even on the eighth calendar day, but it is still within the seventh twenty-four-hour period since the chuppah, Tachanun is still not said. In other words, we count full twenty-four-hour periods, not calendar days. In the unfortunate event of a death, Tachanun is not said in a house of mourning, even if, G-d forbid, the mourner is a minor. The minor is not obligated to daven, but the mourner’s very presence exempts those in the house of mourning from saying Tachanun, even if the mourner is not davening with them at the time. More than that: even if, G-d forbid, someone passed away and left no mourners to mourn for him, but people nevertheless daven in his home for seven days, as is customary and appropriate, Tachanun is not said throughout those seven days, even though there are no actual mourners. As for a mourner who comes to daven in shul during shivah, the custom is that the congregation does say Tachanun, but the mourner himself does not. The shul is not considered a house of mourning; it has its own status, and only the mourner present there does not say Tachanun. On a public fast day, such as the Seventeenth of Tammuz or the Tenth of Teves, when Tachanun is not said because of a bris or a groom, the custom is divided: the congregation says Selichos and skips Tachanun, while the people celebrating do not say Selichos at all. Of course, we already mentioned in passing that according to our custom, the Chabad custom, we do say Tachanun on yahrzeit days—in the month of Elul, on 24 Teves, the day of the passing of the author of the Tanya. We do not say Tachanun on the festivals of Geulah, but on a day marking a passing,

26:38 Speaker 2 we do say Tachanun. As we quoted at the beginning of the class, the Frierdiker Rebbe said: “Is there a better day to say Tachanun than the yahrzeit of a Rebbe?” It is an auspicious day, a day when mercy is awakened, and therefore a fitting and desirable day to say Tachanun. We mentioned the dedication of a Sefer Torah, and we’ll address it briefly. Regarding a congregation privileged to dedicate a Sefer Torah on a given day, a letter of the Frierdiker Rebbe says that the custom was not to say Tachanun that day because of the great joy. The congregation was so happy about the opportunity to bring in a Sefer Torah that it created great joy, and the custom was not to say Tachanun on the day a Sefer Torah was brought in. To conclude, I would add a short story I heard from chassidim. On one occasion, the Frierdiker Rebbe visited one of the branches of Tomchei Temimim in Poland. There was tremendous joy and excitement that the Rebbe had come to visit Tomchei Temimim. They davened Minchah, and immediately after the chazzan’s repetition, the chazzan began to say Kaddish, skipping Tachanun. The Frierdiker Rebbe expressed surprise: “Why aren’t you saying Tachanun?” The response was: “The Rebbe is here. It’s a festive day, so we don’t say Tachanun.” The Rebbe replied: “When the Rebbe is here, that is a reason not to sin, not a reason not to say Tachanun.”