Shulchan Aruch: Chapter 55 - Laws Relating to Kaddish

SECTION 55 Laws Relating to Kaddish. (1-26)

1 Kaddish1 is recited whenever there is a break in a prayer service. No fewer than seven Kaddeishim2 should be recited every day, recalling the verse,3 “Seven times a day do I praise You.” [Kaddish is recited] at the following junctures:

[(a)] after Pesukei DeZimrah, for at this point this series of verses comes to an end;

[(b)] after Shemoneh Esreh, for it is a mitzvah in its own right and is not linked to [the prayers] that follow it;4

[(c)] after the recitation of the Order of Kedushah in [the prayer] U’Va LeTziyon, for it, too, is considered a davar shebikedushah;5

[(d)] after Ashrei in the Afternoon Service, for it is a mitzvah in its own right, since “Whoever recites Tehillah LeDavid three times every day is assured of a share in the World to Come”;6

[(e)] after the Shemoneh Esreh of the Afternoon Service, for it is a mitzvah in its own right;

[(f)] after7 the blessings that accompany the recitation of Shema in the Evening Service, for the reason explained in sec. 236;8

[(g)] after the Evening Service, for the prayer service has been completed.

These seven are obligatory for congregational prayer; the remainder are customary.9 It is appropriate that every individual make a point of responding to at least ten Kaddeishim every day.10

2 Every davar shebikedushah, such as Kaddish, Barchu, or Kedushah, may be recited only in the presence of [a quorum of] ten [adult men], as [implied by the verse],11 ונקדשתי בתוך בני ישראל — “And I will be sanctified in the midst of the Children of Israel.”

[To explain the derivation of the concept:]12 Elsewhere it is written,13 הבדלו מתוך העדה — “Separate yourselves from amidst the congregation.” Noting that the same word (תוך) appears in both verses, a verbal association transmitted by tradition [i.e., a gezeirah shavah] postulates that just as the latter verse speaks about a congregation (עדה), so, too, does the former verse speak about a congregation. And a congregation comprises no fewer than ten people, as it is written,14 עד מתי לעדה הרעה הזאת — “How long will this evil congregation persist?” [This verse refers to the Spies, who numbered twelve;] subtract [two for] Yehoshua and Calev, and ten remain.

[The members of] this congregation must be all free adult males who have manifested signs of physical maturity,15 as was the case with regard to the congregation cited above.16 Women, bondmen and minors are not included.17

3 If a Kaddish or Kedushah was begun with [a quorum of] ten men and some of them leave, the Kaddish or Kedushah that was started may be concluded,18 provided that the majority of the quorum remain.19 Nevertheless, it is sinful to depart, and to such people [our Sages] apply the verse,20 “Those who forsake G‑d will perish.” If ten remain, however, it is permitted to leave.

4 [Moreover, even if the sheliach tzibbur] did not begin Kedushah itself, but merely began to recite aloud the Blessing of the Patriarchs [i.e., the first blessing of Shemoneh Esreh], and [then] some of the congregation left, he may complete even Kedushah, the entire Shemoneh Esreh,21 the Order of Kedushah [in the prayer] U’Va LeTziyon, and the Kaddish that follows it,22 without [a quorum of] ten — for all of the above are part of the culmination of Shemoneh Esreh.

For that reason, the sheliach tzibbur does not recite the Complete Kaddish23 until after the Order of Kedushah [in the prayer U’Va LeTziyon]. This Complete Kaddish relates to the preceding Shemoneh Esreh, as is evident from the request [in the Complete Kaddish], “May the prayer... be accepted....”

Nevertheless, if it is [a Monday or Thursday],24 the Torah is not read if some of the congregation left before the public Torah Reading began.25 For the Torah Reading is not “part of the culmination of Shemoneh Esreh,” as indicated by the fact that in the Afternoon Service,26 the Torah is read before Shemoneh Esreh.

Likewise, if some of the congregation left after the beginning of the blessing Yotzer Or,27 the sheliach tzibbur should not begin to repeat Shemoneh Esreh aloud, for Shemoneh Esreh and Kedushah are not associated with the [preceding] Kaddish and Barchu.

Similarly, with regard to the Evening Service, [the sheliach tzibbur] should not recite the Kaddish that follows Shemoneh Esreh unless there was [a quorum of] ten at the beginning of Shemoneh Esreh. It is not sufficient that such a quorum was present during the recitation of the Shema and its blessings. The Kaddish preceding Shemoneh Esreh, by contrast, should be recited if ten men were present at the beginning of the Evening Service even though some of them left afterwards.

The Kaddish that follows Aleinu — whether in the Morning Service or the Evening Service28 — should not be recited unless ten are present at the time Kaddish is recited. Even if there were ten men present when Aleinu was recited, that is of no consequence with regard to the Kaddish that follows it, for to recite [it] is only a custom; it is not an ordinance of our Sages. This ruling also applies with regard to the Kaddish recited after study: ten men must be present at the time the Kaddish is recited.29

The same law applies if ten men were present during the recitation of Pesukei DeZimrah, or during the recitation of Ashrei preceding Shemoneh Esreh of the Afternoon Service, and then some of them left before [the sheliach tzibbur] began Kaddish. He should not begin its recitation with less than [a quorum of] ten. [The rationale is that] though this Kaddish was ordained by the Sages who structured the prayer [service], nevertheless, since [the sheliach tzibbur] may not recite Barchu or [the repetition of] Shemoneh Esreh after this Kaddish as our Sages ordained, [in this situation,] this Kaddish is not [considered] an obligation at all. For our Sages’ ordinance was that Kaddish and Barchu be recited in direct sequence. It is therefore forbidden to make any kind of interruption between them, as explained in sec. 54[:3]. Similarly, in the Afternoon Service, [our Sages’] ordinance was that Kaddish be recited before Shemoneh Esreh, for Shemoneh Esreh is never30 begun in this manner, [i.e.,] without reciting Kaddish before it, as explained in sec. 292[:4].

5 Some authorities permit a davar shebikedushah to be recited when nine [free adult males] are supplemented by a bondman, a woman, or a minor, for the Divine Presence rests upon every [gathering of] ten members of the Covenant.31 It is only that it is irreverent to recite a davar shebikedushah in the presence of fewer than nine [adult males] who are [fully] obligated by the commandments, for nine appear as ten.

The minor must be more than six years old and must know to Whom the prayers are addressed. [This age is required,] for even if a child younger than six knows [to Whom he is praying], his knowledge is of no consequence, for he has not reached the age at which he may be considered an articulate minor.32 It is as if he is incapable of serious thought.

Other authorities rule that under no circumstances may a woman, a bondman, or a minor be included [in a quorum]. [They hold that] all of its ten members must be males, free men, and adults who have manifested signs of physical maturity; that the Divine Presence does not rest on any lesser [assemblage]; that no davar shebikedushah may [therefore] be recited there; and that even if a Torah scroll is held by a minor, he may not be counted [towards the quorum]. The Halachah follows this view.

Nevertheless, one should not protest against those who are accustomed to rule leniently in a pressing situation and count [a minor] when he is holding a Chumash, or even when he is not holding a Chumash, for they have authorities on whom to rely.33 [In such a case,] however, one should only recite Barchu and any Kaddish which is obligatory, but not the Kaddish that follows Aleinu, because it is only a custom.

6 If a man has not manifested signs of physical maturity, even if he is chronologically an adult, he is governed by the laws applying to a minor until the majority of his lifetime passes, i.e., he reaches the age of 36.34 By that age, it is apparent that he is a eunuch and will never manifest signs of physical maturity. If he manifests physical signs of eunuchism at an earlier age,35 he is considered as an adult from the age of 20 onward.

Nevertheless, there is no need to examine a boy for signs of physical maturity so long as he has reached the appropriate age, i.e., 13.36 [The rationale:] Since prayer is a Rabbinic [commandment],37 we rely on the presumption that he has manifested signs of physical maturity, since he has reached the age at which [this] is to be expected.

7 If one of ten congregants began to recite the Shemoneh Esreh prayer alone and thus is unable to respond [to Kaddish, Barchu, and so on] with [the others], he may nevertheless be counted towards [the quorum] with them. This law also applies with regard to two, three, or four [members of the quorum]. As long as there remains a majority that answers Amen, [the ability] of the minority to respond is not an absolute necessity, for the recitation of a davar shebikedushah in a quorum of ten is not dependent on their response, but on their presence. [This is evident from the prooftext:] “And I will be sanctified in the midst of the Children of Israel” [which means that] the Divine Presence rests upon every [gathering of] ten individuals who are inherently holy.38

[In such a gathering] it is possible to recite a davar shebikedushah (such as Kaddish or Barchu, or even Kedushah if the sheliach tzibbur has not yet recited the whispered Shemoneh Esreh himself.39 If, however, the sheliach tzibbur is repeating Shemoneh Esreh [aloud], one must ensure that nine people are listening and responding Amen, lest his blessings be recited in vain, as will be explained in sec. 124[:6].)

8 Some authorities hold that this law40 also applies if one of the ten people was asleep; [i.e.,] he may be counted [towards the quorum required] for a davar shebikedushah even though he does not respond with [the others]. However, [these authorities hold that] it is irreverent to count more than one [such] person.

Other authorities hold that a person who is asleep cannot be likened to one who is praying, because when a person is sleeping, his soul has withdrawn from him and holiness does not rest upon him. [Indeed,] it is possible that a spirit of impurity rest upon him even if he is sleeping during the day, as stated in sec. 4.41

In practice, one should not become involved in [this] difference of opinion, for it is possible to [avert such a situation by] waking [the sleeping person].

9 If [the sheliach tzibbur is ready to recite Kaddish], but one person is reciting She­moneh Esreh alone, it is proper to delay the recitation of Kaddish until he finishes — even though there are ten congregants apart from him — in order that he, too, share in the merit [of responding to Kaddish with them]. If, however, he is praying with them but is proceeding slowly, it is not necessary to wait for him, as will be explained in sec. 124[:5].42

10 If someone is asleep at the time the congregation reaches a davar shebikedushah, it is proper to wait until he is awakened. If, however, he does not wish to rise, it is not necessary to wait for him.43

11 A person who is deaf, but can speak — or mute, but can hear — is considered a mentally competent individual.44 Such a person may be included [in a quorum] for any davar shebikedushah, even though he does not respond with [the congregation. This applies] even if there are two or more such congregants. As long as the majority are mentally competent individuals who can answer Amen, [the ability] of the minority to respond is not an absolute necessity provided they are obligated to perform mitzvos45 and [thus] the Divine Presence rests upon them. If, however, the sheliach tzibbur has already recited the whispered Shemoneh Esreh, he should not repeat Shemoneh Esreh [aloud] unless there are nine who can hear and respond Amen, as will be explained in sec. 124[:6].

A deaf-mute, by contrast, is considered like a mentally incompetent individual or a minor. This is the meaning of the term cheresh, as employed universally by the Sages.46

12 A boy continues to be considered a minor until he manifests signs of physical maturity47 after reaching the age of thirteen. Before that, the appearance of hair is considered not as a sign of puberty but like a mole.48

13 If a boy is born on the first day of Rosh Chodesh Kislev which is the 30th day of the month of MarCheshvan, but in the 13th year of his life MarCheshvan [has only 29 days] and Rosh Chodesh Kislev is only one day,49 he is not considered as having reached bar-mitzvah until Rosh Chodesh Kislev. It is true that when determining months and years we count from the second day of Rosh Chodesh, for it is the main day [of Rosh Chodesh], while the first day [of Rosh Chodesh] is considered part of the previous month. Nevertheless, [this youth will not have reached bar-mitzvah in MarCheshvan, because] he will not yet have lived thirteen full years from day to day until 29 complete days of MarCheshvan have passed, just as he was born after the passage of 29 days [of that month].50

14 A transgressor who violated a communal ordinance that was supported by a ban of ostracism, or who committed a transgression for which he was liable to be placed under a ban of ostracism,51 may be counted in a quorum of ten for any davar shebikedushah. This is evident from [G‑d’s statement to Yehoshua after the transgression of] Achan:52 “Israel has sinned,” implying that even after one has sinned, he is [still] Jewish.53 His holiness is intact and he has not left the bounds of the Jewish people.54

If, however, [the congregation actually] placed a person under such a ban, he may not be counted with regard to any davar shebikedushah.55 For if he is counted, of what consequence is their edict which [was intended to] separate him from their congregation? Nevertheless, it is permitted to pray in a synagogue when he is present, since there are ten [people] apart from him, unless they explicitly stated that they would be stringent with him in this regard.

15 All ten [members of a minyan] must be in one place and the sheliach tzibbur must be together with them. If, however, some of them are in one room and others in another room, they may not be counted together even though there is an open entrance between them. Even if the majority are standing in the synagogue and the minority in the courtyard that is in front of the synagogue, they are not linked to the majority so that they may be counted together with them. Even those standing on the threshold in the midst of the entrance from the doorframe outward — i.e., on the outer side of the point where, were the door to be closed, the inner surface of the door would be located — are considered as being outside, for the door separates the inside from the outside. [See fig. 51.] Even if it is open, the space it occupies is considered as outside. (Moreover, [this applies] not only to the space occupied by the thickness of the door, but also to the whole of the threshold over which the door swings, until the point at which it touches the doorframe. For example, [if] the door is affixed in the middle of the threshold56 and rotates on its hinge from the inside outward until it is in line with the hinge [and is thus aligned with the doorframe], the entire [area] of the threshold,57 from its inner edge until the point at which it touches [the doorframe], i.e., in line with the hinge, is considered as being on the outside.58)

16 When does the above apply? When those standing outside are not visible to those standing inside. If, however, one’s face can be seen by those standing in the synagogue, then even if he is standing behind the synagogue and his face can be seen through a window that [connects] them, he can be included in [the quorum of] ten together with them.59 [This applies even if the window is] several storeys high and it is less than four [handbreadths] wide.

By contrast, a person whose face cannot be seen by [the other congregants] cannot be included with them, even if he is standing above them on the roof of the synagogue. [This applies] whether he is actually standing on the roof or he is standing on the thickness of the walls of the synagogue. For the [area of the] thickness of the synagogue walls is also60 not subsidiary to61 the interior so that it be considered part of the interior. Hence, [unlike the above-mentioned people standing outside, this individual cannot be counted as part of the minyan if] his face cannot be seen by the other congregants.

17 If some of the people are inside [the synagogue] while others are outside and the sheliach tzibbur is standing on the threshold in the entrance, his presence there allows [the two groups] to be counted together [towards a single quorum.62 Since] he sees both those [inside] and those [outside], this is regarded as if some of those standing outside are visible to some of those standing inside, in which instance [as stated above] they are counted together.

18 [The following principles apply if] a small courtyard was opened up entirely to a large one; i.e., the smaller one was broken open [along their common border] by the collapse of the entire wall that originally separated them, but in the larger courtyard, barriers63 from the remnants of this wall remained on either side [of the opening].

[In such a case,] the larger courtyard is considered as separated from the smaller one by the barriers on each side, for they are effective in separating the [two] domains,64 (provided [the barriers] are not more than ten cubits65 apart).66 For in all [halachic] contexts, even one courtyard is divided into two domains if one sets up somewhat of a barrier on either side in the midst of [the area between] the walls running along its length, as will be described in sec. 363[:38].

The small courtyard[, however,] is not separated from the larger one, because it does not have barriers on either side. Instead, it is considered like a corner of the larger one.67 Therefore if nine [men] are in the larger one and one man is in the smaller one, he can be included [in a quorum] together with them, for the smaller courtyard is subsidiary to the larger one. Thus it is considered as if he is in the larger one, because the majority is in the larger one.

If, however, nine men are in the smaller courtyard and one man is in the larger one, he cannot be included [in a quorum] together with them, for the larger courtyard is not subsidiary to the smaller one. On the other hand, [the nine men] are not subsidiary to that individual, because they are the majority. Even if the people were in two equal groups, five in the smaller [courtyard] and five in the larger one, they cannot be counted together, for it is only a minority that can become subsidiary to a majority.

19 If the sheliach tzibbur was in the small [courtyard] and the congregants were in the larger one, he may fulfill the obligations [of prayer] on their behalf, for he is subsidiary to them. If, however, the sheliach tzibbur was in the larger [courtyard] and the congregants were in the smaller one, he cannot fulfill [these] obligations on their behalf, for a majority is never subsidiary to a minority.

20 (All of the above applies when the walls of the length of the smaller courtyard project into the larger courtyard and [continue for at least] three handbreadths* beyond the walls of the length of the larger [courtyard].68 For if not, [i.e., if the walls of the smaller courtyard extend only as far as the remaining “shoulders,”69 then not only will the larger courtyard be set off from the smaller one, but] the smaller courtyard will also be set off from the larger one by the latter’s [remaining] barriers, because [of the halachic principle that walls] visible from the outside, [although they] appear flush on the inside, [are considered as walls for the inside, too], as will be explained in sec. 360[:7].)

21 In places where the sheliach tzibbur stands in an enclosed podium or on a platform, he is included [together with the congregation] and fulfills the obligations [of prayer] on their behalf — even if [that place] is ten handbreadths high [or more], its area is four handbreadths by four handbreadths or more, and it has partitions that are ten handbreadths high or more.70 [The rationale is that] its individual importance is subsumed within that of the synagogue [and is considered as a component of it].

It is true that [such a place] is considered a domain in its own right with regard to the requirement that one stand in the presence of a Torah scroll, as will be explained in Yoreh Deah, sec. 242.71 Nevertheless, with regard to this matter, its individual importance is subsumed in that of the synagogue: [people standing there] can be considered part [of the congregation]. [The rationale is that] it is one of the auxiliary items of the synagogue and the people of the synagogue walk within it. Moreover, since the people [in it and around it] can see each other, they are counted together [in the same congregation], as explained above.72

22 All the above applies with regard to including individuals [in a quorum] or fulfilling obligations on behalf of others. If, however, ten [men] are in one place and are reciting Kaddish or Kedushah, any individual who hears their voice may respond together with them. [This applies] even if he is in an entirely different building, and even if there are several buildings separating them — for even an iron barrier cannot separate the Jews from their Father in Heaven.73

Some authorities maintain that nevertheless, [if a passerby is to be able to respond,] no filth or false deity — which is considered as filth in this context — may intervene [between him and the congregation]. Deference should be paid to this view.

Similarly, with regard to having one’s obligation fulfilled [by the sheliach tzibbur], the Sages ruled only that the sheliach tzibbur must be in the same place as the congregation. When, however, they are in one place, anyone who hears the voice of the sheliach tzibbur may have his obligation fulfilled by him even though he is not together with them, as was discussed above, and as will be discussed in sec. 273[:10] and sec. 690.74

23 If there are only ten [male inhabitants] in a town and one of them desires to go elsewhere for the Days of Awe, he may be compelled to remain or to hire another person in his place. For it is an established custom throughout all the dispersed communities of the Diaspora that even where the townsmen do not have a complete minyan through the year, they hire one or two people during the Days of Awe or travel to a place where there is a minyan. [Hence it is considered to be a communal responsibility], like having a Torah scroll or a synagogue, which townsmen can compel each other [to discharge].

If, however, there are eleven [male inhabitants], one may depart. We do not take into account that perhaps one [of those remaining] will have to relieve himself and thus cause [the congregation] to wait, for if so, there would be no end to the matter.75 If two [of the eleven] wish to depart, they [are obligated to] hire a person in partnership, to complete the quorum in their absence. They must both pay the same amount, even if one is poor and one is rich, because each of them is equally obligated to complete the minyan, the poor man as much as the rich.

However, if there are only eight or nine [men] living in a town and they must hire one or two men to complete the minyan, [the burden of payment is divided]: half is paid on a graduated scale according to [the townsmen’s] wealth and half is paid as a head tax. [The rationale is that] there is reason to argue that the poor person is obligated to complete the minyan to the same degree as the rich man. On the other hand, there is reason to argue that the poor person can go to a neighboring city, whereas the rich man cannot leave his house and his property. Hence [the Sages] instituted this compromise.

[These arrangements] do not apply when a complete minyan [of men] are living in [a given town. In such a case,] no one of them is permitted to nullify the minyan, even if he personally will go to a place where there is a minyan.

24 Whoever is required to hire another person in his stead when he leaves town must also pay his portion of the wages of the sheliach tzibbur as if he had not left. Even if someone leaves long before the festivals, he must contribute towards the wages of the sheliach tzibbur and towards the completion of the minyan as if he left close to the festivals, since he will not return home [at that time].

A person who is prevented from returning home by forces beyond his control — [e.g.,] he is not permitted to enter the country — is not liable, even if the time of the festivals arrived. This applies only if he is held back by forces that are truly beyond his control. If, however, he is prevented from coming home because of a financial liability or because of negligence, that is not [sufficient cause for] his fellow townsmen to bear an additional share [of the above expenses].

25 [Townsmen] may be compelled to hire [men] to complete a minyan only for the Days of Awe and only when no more than one or two [men] are lacking, unless it is the established custom in the town to compel [the townsmen] to hire [men] when even three or four are lacking.

If, however, the townsmen themselves constitute a complete minyan, they may compel [each other] to hire a sheliach tzibbur even throughout the year, so that they always pray with [a quorum of] ten.76 Similarly, in a place where there is not always a minyan in the synagogue, [the townsmen] may compel each other by means of penalties to secure the regular attendance of a minyan at the synagogue, so that the daily services77 not lapse.

26 If communities are obliged to hire participants for a minyan and also a sheliach tzibbur, and there are people in outlying districts who are accustomed to go there with their families [to celebrate the holidays, the latter] are not required to contribute anything to the [host] community. For if they so desired, they could go to another town which has a minyan without them and they would not have to pay anything, not even for the wages of the sheliach tzibbur, since even without them that community would require a sheliach tzibbur.