DailyHalacha.com for Mobile Devices Now Available

Halacha is In Memory of
 Aryeh Leib ben Moshe
"Dedicated today in Memory of Areyh Leib ben Moshe, zt'l, on the occassion of the first Yahrtzeit. He was a wondeful father and a dedicated husband."

Dedicated By
Mark Wiseman (son)

Click Here to Sponsor Daily Halacha
      
(File size: 842 KB)
Saying Kadish and Hazara If A Minyan Formed After Praying BeYachid

If a group of people assembled to pray but did not have a Minyan, and the tenth man arrived after they recited the Amida, may they recite the Hazara (repetition of the Amida) with Kedusha followed by Kaddish Titkabal? Although at this point they have a Minyan, they had already prayed the Amida without a Minyan, as individuals. The question thus arises as to whether a "Hazara" is warranted, given that the original Amida was recited as individuals, and not as part of a congregational service.

The Radbaz (Rabbi David Ben Zimra, 1480-1574) addresses this question in his work of responsa (240-241), where he rules that the group may not recite the "Hazara" in such a case. He explains that once they recited the Amida as individuals, without a Minyan, they lose the opportunity to recite the repetition of the Amida, Kedusha and Kaddish (listen to audio recording for precise citation). This is also the ruling of the Ben Ish Hai (Rabbi Yosef Haim of Baghdad, 1833-1909), in his work Rav Pe’alim (vol. 2, 26).

The Shulhan Aruch, however, rules differently, and allows a group to recite the "Hazara" with Kedusha and followed by Kaddish, even if they recited the Amida before the Minyan surfaced (Orah Haim 69:1). This is the position accepted by the Hida (Rabbi Haim Yosef David Azulai, 1724-1806), in his work Mahazik Beracha, and by the Kaf Ha’haim (Rabbi Yaakob Haim Sofer, Baghdad-Israel, 1870-1939). The Kaf Ha’haim adds that we do not apply to this case the principle of "Safek Berachot Le’hakel" (meaning, we do not recite a Beracha if its requirement is in doubt), despite the debate surrounding the issue, because of the importance of the "Hazara." The Arizal (Rabbi Yishak Luria, Israel, 1534-1572) taught that the repetition bears as much importance as the initial recitation of the Amida, and the Kaf Ha’haim therefore maintained that the group should recite the "Hazara" in this case despite the controversy involved.

Hacham Ovadia Yosef likewise follows the view of the Shulhan Aruch, and holds that the "Hazara," Kedusha and Kaddish Titkabal should be recited in such a case. He adds that even if a single individual recited the Amida privately, and then nine men arrived who had already prayed, he may repeat the Amida and recite Kedusha and Kaddish Titkabal, since a Minyan has now assembled. Even though he recited the original Amida alone, now that a Minyan has arrived he may recite the "Hazara," Kedusha and Kaddish.

Summary: If a group assembles to pray but do not have a Minyan, but after they recited the Amida a Minyan arrives, they may recite the repetition of the Amida, Kedusha and Kaddish Titkabal. This applies even if a single individual prays privately and then nine people arrive; he may repeat the Amida and recite Kedusha and Kaddish now that a Minyan is present.

 


Recent Daily Halachot...
Rules Pertaining to a Husband and Wife Eating Together During the Period of Nidda
Some Laws Relevant Under the Chupa At The Wedding Ceremony
Sitting On The Bed or Couch During The Time of Nidah
Marrying The Daughter of A Kohen
Sephardim Only Should Make 2 Blessings, Not 7, When Making Sheva Berachot Outside The Groom’s House During The Week Following A Wedding
A Heker Is Required When A Husband Is Eating Alone With His Wife While She Is Needah
Is It Permissible For A Yisrael To Marry The Daughter of A Kohen
A Special Prayer for Ereb Rosh Hodesh Sivan
Yehi Shem on the 1st 13 Days of Sivan
Do Metal Peelers Require Tebila?
Is It Required To Dip An Oven Grate or Appliances Such As An Urn or In The Mikveh Kelim
If a Utensil That Had Not Undergone Immersion Became Mixed with Immersed Utensils
Do Plastic or Teflon Utensils Require Immersion in a Mikveh?
Is It Permissible To Allow Minors or Non-Jews To Dip Kelim In The Mikveh
Immersing a New Utensil in a Mikveh on Shabbat
Page of 239
3585 Halachot found