The widespread custom among all Sephardic communities is to recite "Viduy," or confession, immediately following the Amida both at Shaharit and at Minha. This custom is based upon passages in the Zohar (the principal text of Kabbala) and the writings of the Arizal (Rabbi Yishak Luria, 1534-1572).
We introduce "Viduy" with the recitation of "Ana Hashem Elokenu V’Elokeh Abotenu…" After "Viduy," we proceed to the recitation of the Thirteen Attributes of Mercy ("Hashem, Hashem…") and Nefilat Apayim ("Le’David…").
The Arizal instructed that the "Viduy" should be recited according to the sequence of the Hebrew alphabet. We thus begin with "Ashamnu" – a word that starts with the letter "Alef" – followed by "Bagadnu," and so on. When we come to the letters that take on a different form when appearing at the end of a word ("Kaf," "Mem," "Nun," "Peh" and "Sadi"), we recite two words with that letter. Thus, for example, for "Kaf" we recite "Kizabnu" and "Ka’asnu," and for the letter "Mem" we recite "Maradnu" and "Marinu Debarecha." This was the position of the Arizal, and the custom in Yeshivat Bet El, as documented by the Ben Ish Hai (Rabbi Yosef Haim of Baghdad, 1833-1909), in Parashat Ki-Tisa.
The entire confessional text in recited in plural form. For example, we recite "Ashamnu" ("We bear guilt"), as opposed to "Ashamti" ("I bear guilt"), and so on.
The Sha’ar Hakavanot writes that one must recite the entire "Viduy" even if he knows with certainty that he has not transgressed one or several of the violations enumerated in the "Viduy" text. It is possible that he has transgressed the given violation in a previous Gilgul (incarnation of the soul), or that a person whose soul is connected to his soul is guilty of that transgression. He may have also unwittingly caused others to violate the sin, or perhaps violated a sin resembling the transgression in question. For all these reasons, one should not skip any part of the "Viduy" even if he thinks he has not violated one of the sins mentioned.
"Viduy" must be recited while standing (Masechet Yoma 87). During the "Viduy" recitation, one may not lean on a wall or piece of furniture in a manner such that he would fall if that object would be suddenly moved.
While reciting the list of sins ("Ashamnu…"), one should bow slightly as an expression of humble submission.
It is customary for both the Hazan and the congregation to recite "Viduy" in a whisper, rather than in a loud, audible voice.
Even a person praying privately, who does not recite the Thirteen Attributes, recites "Ana" and the "Viduy."
If a person who had already recited "Viduy" happens to be present in a synagogue when the congregation recites "Viduy," he is not required to join them, though it is proper for him to recite the words, "Hatati Aviti Pashati" while they recite "Viduy."
One may recite "Viduy" during the nighttime hours, except on Mosa’eh Shabbat, until Hasot (midnight as defined by Halacha). In fact, according to Kabbalistic teaching, one should recite "Viduy" before he goes to sleep, along with his recitation of the bedtime Shema. The Kaf Ha’haim (Rabbi Yaakov Haim Sofer, Baghdad-Israel, 1870-1939) cites this custom (in 239:2) in the name of the Arizal. It is customary, however, not to recite "Viduy" with the bedtime Shema on a night following a day when Nefilat Apayim is omitted. Thus, for example, on the night following Shabbat, Rosh Hodesh or holidays, one should not recite "Viduy" with the bedtime Shema. The Ben Ish Hai mentions this Halacha in Parashat Ki Tisa (7).
This discussion relates only to the recitation of "Viduy," and not to the Thirteen Attributes or Nefilat Apayim, which one should not recite at nighttime.
Needless to say, "Viduy" should not be recited on Shabbat or holidays.
