Question: What is the ideal time to recite S’lichos during Elul and Aseres Y’mei T’shuvah? May the Yud Gimmel Midos be recited without a minyan?
Short Answer: The ideal time to recite S’lichos is after chatzos ha’lailah but before alos ha’shachar (or neitz ha’chamah). The Yud Gimmel Midos may only be recited in the presence of a minyan.
Explanation:
I. The Proper Time
What is the proper time to recite S’lichos during Elul and the Aseres Y’mei T’shuvah? The Rambam (Hilchos T’shuvah 3:4) writes that the minhag is for everyone to “get up in the night” during Aseres Y’mei T’shuvah and to recite S’lichos in shul “until the sun rises.”
Rav Yosef Dov Soloveitchik zt”l (cited in the new Batei Yosef, Yamim Nora’im, p. 13) explains that the Rambam is clear that the ideal time to recite S’lichos is in the middle of the night, i.e., after chatzos, but not beforehand. Indeed, the Meiri (Chibur HaT’shuvah 1:1) likewise mentions the importance of waking up in the middle of the night to recite S’lichos. Even when Rav Soloveitchik was elderly and was forced, for health reasons, to recite S’lichos before chatzos, he would consistently remark that this is not the correct time to recite S’lichos.
II. Relevance to K’rias Sh’ma
Interestingly, the Shulchan Aruch (581:1) writes that the minhag is to “get up” at “ashmores” to recite S’lichos. The strict language of the Shulchan Aruch does not clarify whether the ideal is to get up after chatzos or close to alos ha’shachar. However, the Mishnah B’rurah (581:1) writes that alos ha’shachar is chosen as the end time because we want to say S’lichos at the time that Hashem “flies” through the world, and it is an “eis ratzon.” Hashem flies through the world at the “end of the night.”
Rav Mordechai Willig shlita (Batei Yosef, Yamim Nora’im, p. 213) notes that alos ha’shachar is considered the “end of the night” (i.e., the end of “ashmores ha’boker”) based upon Tosafos (B’rachos 3a). Indeed, the Magen Avraham thus proves from this Tosafos that the end of z’man k’rias Sh’ma in the morning is three hours after alos ha’shachar. The Gra famously argues and holds that sof z’man K’rias Sh’ma is calculated from Neitz HaChamah, as this is the true end of the night (“ashmores ha’boker”). Thus, Rabbi Willig rules that since we generally follow the Gra for K’rias Sh’ma, we can rely upon the Gra for S’lichos, as well, and may ideally recite S’lichos until Neitz HaChamah.
III. By Yourself
Rav Soloveitchik (Batei Yosef, Yamim Nora’im, pp. 13-14) explains that the Yud Gimmel Midos HaRachamim (“YGMH”) may only be recited with a minyan. However, this limitation is not only because YGMH is considered a “davar she’bi’k’dushah,” but also because the very nature of the YGMH is relevant only for a tzibur. This idea is based on the Ritva (Rosh HaShanah 17b), that the etymology of the phrase “Vaya’avor Hashem” comes from the word “oveir” – “pass,” as in “pass in front of the amud as chazan” (“oveir lifnei ha’teivah”) and that Hashem “wears” a talis like a chazan. [As an aside, Rav Soloveitchik takes this idea further, that the entire S’lichos service mimics davening, with Ashrei at the start, and Tachanun with Kaddish Tiskabal following S’lichos].
The Shulchan Aruch (Orach Chayim 565:5) codifies this law in Hilchos Taanis, where he rules that the YGMH should only be recited with a minyan. The Rama (ibid) adds that even the S’lichos themselves should not be recited by an individual without a minyan. The Mishnah B’rurah (ibid, 13) cites many Acharonim who question this ruling of the Rama, as there is no reason why the S’lichos, i.e., the piyutim themselves, may not be recited by an individual without a minyan.
The Magen Avraham (ibid 6) answers for the Rama, that the Rama is only discussing those people who have the minhag to recite S’lichos in Chazaras HaShatz of Sh’moneh Esrei. The Rama is teaching that an individual praying alone should not recite these S’lichos in his private, quiet Sh’moneh Esrei, as it is a hefseik.
Rav Soloveitchik (ibid), on the other hand, explains the Rama based on the above reason why the YGMH must be recited with a minyan. Since the YGMH are fundamentally a t’filah of tzibur (as we saw from Hashem, who wore talis, etc.), even the S’lichos/piyutim, which are “divrei p’sichah” (the preamble or preparation) for the YGMH, must be recited with a minyan.
However, this entire discussion concerns S’lichos on a fast day, as this is the subject of the Shulchan Aruch/Rama. On a fast day, we say S’lichos either in Sh’moneh Esrei (not our minhag) or immediately after Sh’moneh Esrei to connect them to Sh’moneh Esrei (like our current minhag). The S’lichos are considered part of Sh’moneh Esrei. In Elul and during Aseres Y’mei T’shuvah, on the other hand, the S’lichos are recited before davening, as they are a separate t’filah and disconnected from Sh’moneh Esrei. In Elul and Aseres Y’mei Teshuvah, the S’lichos are based on “Dirshu Hashem b’himatz’o,” as the Rambam (Hilchos T’shuvah 2:6) explains, the S’lichos are an extra cry out to Hashem during these days that is guaranteed to be immediately answered.
Accordingly, only the S’lichos of a fast day should be recited with a minyan, as the S’lichos on these days are simply part of Chazaras HaShatz, a prayer that requires a minyan. The S’lichos of Elul and Aseres Y’mei T’shuvah may be recited without a minyan, as they are a separate davening, which does not require a minyan. This separate davening is under the category of “Dirshu Hashem” and thus may certainly be recited by an individual. That is why the Rama only comments in Hilchos Taanis. [Of course, the YGMH may not be recited by an individual praying alone even during Elul, as we explained that they are a davar she’bi’k’dushah].
IV. The Name of Hashem
There is a machlokes cited in the Rosh (see Batei Yosef, Yamim Nora’im, p. 215) between Rav Nissim Gaon and Rabbeinu Tam whether the first “Hashem” of the YGMH is part of the YGMH. Rabbeinu Tam holds that the first “Hashem” is the first of the YGMH. Rabbeinu Nissim disagrees and holds that the first “Hashem” is actually the last word of the previous phrase – “Va’yaavor Hashem al panav, vayikra...Hashem…” – that Hashem “passed” by Moshe and “Hashem called out.” The Rosh cites a proof to Rabbeinu Tam from the common minhag that the chazan recites “Va’yaavor Hashem al panav, vayikra” and then the tzibur calls out “Hashem, Hashem...” and recites the remaining YGMH.
Rav Hershel Schachter shlita (Batei Yosef, Yamim Nora’im, p.215) notes that based on the Rosh, really only the chazan should recite “Va’yaavor Hashem al panav, vayikra” and not the congregation (to highlight that “Hashem” is part of YGMH). Yet, the minhag is to the contrary, that the congregation first recites “Va’yaavor Hashem al panav, vayikra” and then the chazan repeats it again aloud. Rav Schachter explains this common custom based on the opinion of Rav Nissim Gaon. According to Rabbeinu Tam, it is fine to just recite the YGMH, even though they start in the middle of a pasuk, but according to Rav Nissim Gaon, how are we permitted to say “Hashem, Hashem...” when the first Hashem is really part of the previous phrase. Thus, in order to prevent a sheim shamayim l’vatalah (saying Hashem’s name in vain), even the congregation first says “Va’yaavor Hashem al panav, vayikra.”
V. How Many Times?
How many times should you recite the short vidui (“Ashamnu, bagadnu...”) during S’lichos? This is a major dispute outside the scope of this article. Simply, the Mishnah B’rurah (Orach Chayim 602:6) assumes that the minhag is to recite it three times during S’lichos each morning, while the Vilna Gaon (Maaseh Rav, 202) and minhag in Eretz Yisrael is to only recite it once each morning during S’lichos.
Rav Schachter (Batei Yosef, Yamim Nora’im, p. 216) notes the minhag in Yeshiva University to recite this vidui three times. Rav Schachter refers to the words of T’nuas HaMusar, which says that the minhag in Kelm was to recite the Vidui only one time, but that the recitation would last one hour. In other words, it is better to recite it three times (without such kavanah) unless we plan on saying it only once but with extreme kavanah.
Rabbi Ephraim Glatt, Esq. is Associate Rabbi at the Young Israel of Kew Gardens Hills and a practicing litigation attorney. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..
