When should a mourner lead the public player, and when he should not

When should a mourner lead the public player, and when he should not

Article topics

Can a mourner lead public prayers on Shabbos or on Holidays? What should he do on Chanukkah, Purim and Rosh Chodesh? When is it permitted, and when is it forbidden? What’s the reason it’s forbidden at certain times? Can a mourner lead the prayers when there is a circumcision? The father of the cantor passed away this year, and there is no other cantor who is as good as this one. Is he allowed to lead prayers on Rosh Hashana and Yom Kippur? Is it fitting to be stringent on those issues?

Introduction

The sages praised at length the virtue of a son who leads his congregation in prayer during his year of mourning. In practice, he only leads prayers for 11 months. His prayer is highly beneficial for his parents to merit a favorable judgment in the Heavenly Court. However, since the judgment of the wicked in Gehinnom is 12 months, if the mourner were to lead the prayers for 12 months, it would appear as if he believes that his parents were evildoers. Therefore, in order to honor his parents, he should only lead the prayers for 11 months. By doing this, he shows that, when he comes to the bimah to lead the congregation in prayer and recite the Kaddish, it is not because his parents are wicked, G-d forbid, but rather because, as it is written, "There is no righteous man on earth who does good and never sins" (Ecclesiastes 7:20). Therefore, the mourner leads the prayers and helps his community, this elevate the soul of his loved ones and helps them merit a favorable judgment in Heaven.

However, the Rema (Shulchan Aruch, Orach Chaim 576:4) ruled that, although there is no actual prohibition against a mourner’s leading the congregation in prayer on Shabbat and holidays, it is not the customary practice. In this article, we will explain the reasons behind this custom, what was included in this custom originally, and what the current practice is. We will also discuss in which situations it is still possible for the mourner to lead the prayers (even though normally he wouldn’t).

The Reason for the Prohibition

The Maharil (chapters 22 and 128) wrote that the reason is because these are days of joy, and therefore a mourner should not lead the prayers on those days. He also wrote that for the same reason a mourner should not lead the recitation of the Hallel, and should not read the Megillah for a congregation.

What is Considered a Festival

The Maharil (chapter 128) writes that even on Rosh Hashanah and Yom Kippur there is an obligation to be joyful, and it is an even greater obligation than on Shabbos. It is for this reason that mourning is interrupted by these days (that is, Rosh Hashanah and Yom Kippur cause the mourner to stop his seven or thirty days of morning), but on Shabbat mourning is not interrupted (rather, it’s only suspended till the end of Shabbos), and therefore a mourner should not lead public prayers on these holidays. However, the Aliya Rabbah (chapter 592, subsection 2) permits a mourner to lead the afternoon and evening prayers on Rosh Hashanah.

Additional Times of Joy

The Maharil (Chapters 22 and 122) wrote that a mourner should not lead public prayers for the recitation of Hallel and the reading of the Megillah because it involves rejoicing. However, according to some versions of what he wrote, there is a hint that he shouldn’t lead the Shacharis prayer on these days either (see the table of contents in the beginning of the book and the notes to Book of Customs by Mahara Tirona, Customs of Yom Kippur, §155, and the notes to the responsa of Maharil, that state that this is what was written in manuscript). The Maharam Mintz (chapter 43) discusses whether the prohibition applies to Shacharit prayers or just to the recitation of Hallel and the Megillah. He concludes that the mourner may lead the Shacharis prayer, and then someone else will lead the recitation of Hallel and the Megillah.

In practice, the later authorities disagreed on this issue. The opinion of the Eliyah Rabbah (chapter 592, subsection 22) and the Knesset Hagdolah (Shayarei Knesset Ha-Gdola, notes to Arbaa Turim, section “Yoreh Deah”, chapter 391, subsection 1) is that a mourner is allowed to lead the Shacharis prayer that includes Hallel, but after he repeats the shmone-esre , someone else has to replace him to lead the recitation of Hallel itself. On the other hand, the opinion of the Pri Megadim (Eshel Avraham, chapter 132, subsection 2) is that a mourner should not lead even the Shacharit prayer if it includes the recitation of the Hallel, and also not the Maariv prayer of the first night of Chanukah when the cantor lights the candles and recites the Shehecheyanu blessing. Similarly, the Chayei Adam (chapter 138, subsection 4) wrote that it seems that the Gra would not allow a mourner to pray even the Shacharis prayer on Rosh Chodesh. The Mishnah Berurah (Section 581, subsection 7) presents both opinions, but writes that a mourner should not lead the Musaf prayer of Rosh Chodesh according to all opinions.

The evening of the first day of Hanukkah and Candle Lighting

The Maharam Mintz (chapter 43) wrote that it is permitted for a mourner to lead public prayers on the evening of the first day of Hanukkah, but someone else should light the candles afterwards, because there is both great joy and the blessing of Shehecheyanu. And this is the ruling of the Mishnah Berurah as well (Shaar Ha-Tziun, chapter 581, subsection 11).

Regarding a Circumcision that Takes Place During the Prayer

The Maharam Mintz (chapter 43) wrote that if a circumcision takes place during the prayer, a mourner is allowed to lead the prayers, even though there is joy involved. Not all joy is forbidden to a mourner.

There is no Better Cantor Than the Mourner

Halachic authorities, (including the Maharil (chapter 128), Darchei Moshe (Orach Chaim, chapter 581, subsection 2), Siphsei Cohen (chapter 376, subsection 14), Knesset Hagedolah (Shayarei Knesset Ha-Gdola, notes to Arbaa Turim, section “Yoreh Deah”, chapter 391, subsection 2), and Mishnah Berurah (chapter 581, subsection 7)), wrote that if there is no other cantor who is as good as the mourner, he is permitted to lead public prayers even during times of joy, such as Rosh Hashanah and Yom Kippur.

Slichot (penitential prayers) on the eve of Rosh Hashanah and the Ten Days of Repentance:

Halachic authorities, such as the Siphsei Cohen (chapter 76, subsection 14),  mention that a mourner should not lead public prayers during the Days of Awe. However, the Node BiYehuda (vol. I, section Orach Chaim, chapter 32), Pischei Teshuvah (Yoreh De'ah, chapter 376, subsection 8), and Mishnah Berurah (chapter 581, subsection 7) wrote that this is only referring to Rosh Hashanah and Yom Kippur themselves, since they are days of joy, but during the other days, including the eve of Rosh Hashanah and the eve of Yom Kippur, a mourner is permitted to lead public prayers, because these are not considered days of joy.

What Kind of a Mourner are We Talking about?

The prohibition is due to the fact that a mourner is forbidden to be joyful, and therefore the law applies to someone mourning for one's parents for twelve months [even after he stops saying Kaddish], as for someone mourning for other relatives, it applies for a period of 30 days. Some authorities permit someone who is mourning for his parents to lead the public prayers on the Shabbat before the first yahrzeit, even if full twelve months have not yet passed after his parent’s passing.

Should one be strict with these customs?

Maharam Mintz (Siman 43) wrote that one should not be strict with those customs that were not established by the early authorities. And someone who protests against a mourner’s fulfilling of a mitzvah in a case those where he is allowed to fulfill that mitzvah, he is considered as if he robbed the deceased of the ability to be saved from the punishment of Gehenna. Alia Rabba (Siman 582, subsection 22) quotes the work Yesh Nochalim (Third Introduction, end of letter Beis) that states that if one does not lead the prayer when he is allowed to, he steals from his father and mother, as it is stated (Proverbs 28:24) “Whoso robbeth his father or his mother, and saith: 'It is no transgression', the same is the companion of a destroyer”.

Summary of times when a mourner does not lead public prayers

To summarize, we’ll list the times when a mourner does not lead public prayers according to the instructions of our teacher, HaRav Amram Fried, shlit”a:

Shabbat, holidays including Rosh Hashanah, Yom Kippur, Sukkot including Chol Hamoed, Passover including Chol Hamoed, Shavuot; Hallel and Musaf prayer on Rosh Chodesh; Purim — this includes only those surrounded by walls on the 15th day of Adar [Shushan Purim], and all the others on the 14th day of Adar; also, the afternoon prayer of Erev Passover, which is considered a festival because this is the time when the Passover sacrifice was offered.

Times when a mourner does lead public prayers

Days of Selichos; Erev Rosh Hashanah; Ten Days of Repentance; Mincha of Erev Yom Kippur; between Yom Kippur and Sukkot, including Erev Sukkot; Rosh Chodesh Mincha and Maariv; Chanukah —  Minchah and Maariv, but someone else lights the candles and recites the Shehecheyanu blessing on the first day; Tu B'Shvat; Purim Katan and Shushan Purim Katan (14 and 15 of Adar Aleph); All of the month of Nissan, including the Shacharis prayer on the eve of Pesach; Pesach Sheini; Lag BaOmer; Tisha Be-Av, 15 of Av

Times that depend on the custom

Shacharis prayer on Rosh Chodesh and Chanukkah, not including Hallel — in some congregation, the mourner leads the prayer, and someone else replaces him for the recitation of Hallel; in other congregations the mourner doesn’t lead the prayers at all.

Maharil (chapters 22, 36, 128); Remo (section Yore Deah, chapter 376, §4); Mishnah Berurah (chapter 581, subsection 7)