| 26:1 |
 The Midrashim relate many stories
how Kaddish said by a son
for his (deceased) father or mother
saved them from judgement.
Therefore,
Kaddish is customarily said.
Also [other practices which benefit the departed)
receiving maftir
and leading the congregation in prayer.
particularly on Saturday night,
for this is the time,
that the souls return to Gehinnom.
The same applies on all evenings,
for then judgement is more severe.
Regarding Kaddish,
there are many different laws,
depending on the [local] customs. |
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| 26:2 |
During the seven (days of mourning),
regardless of whether he is a minor
or an adult,
a resident (of the city)
or a guest,
he has (is entitled to) all the Kaddishim (in the services).
(His rights) supersede those of other mourners.
Even if a holiday falls
in the midst of these seven (days),
and nullifies the (mourning) practices of the seven (days),
and (if it falls) after the seven (days)
as it also nullifies
the (mourning) practices of the thirty-day period,
(the mourner's right) to say these Kaddishim
is unaffected.
Similarly,
we do not follow
regarding Kaddish, (the principle)
"part of the day
is like the whole" [and finish on the morning of the 7th].
and even in the afternoon service
of the seventh day,
(the mourner) is entitled (to say) all the Kaddishim.
(In this regard), we count (the periods of) seven (days)
and thirty (days)
from the day (the deceased) was buried.
Even if
the mourner did not hear (about the death) immediately,
and started later on (not from the burial)
the seven days of mourning,
in any case,
with regard to the Kaddishim
he does not have
rights of the seven (days of mourning).
Similarly, when (a person) dies on a festival,
(the seven days) regarding Kaddish, are counted
from the day of the burial. |
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| 26:3 |
If there is present in the synagogue
also (a person commemorating) a yahrzeit,
then, if the mourner (in his) seven (days)
is a child below majority,
who [does not remain at home] and may go
all the seven days
to the synagogue,
then the yahrzeit is entitled to one Kaddish.
If many yahrzeits are present,
each one is entitled
to one Kaddish,
even if the child,
who is in his seven days,
will will be left without any (Kaddish).
If one in the thirty (day mourning period) is also present,
he is also entitled to one Kaddish.
However, even if there are many in the thirty (days),
the child (in his) seven (days), never
loses completely [his Kaddish rights) because of them.
Similarly, an adult
who does not go, during the seven (days),
to the synagogue,
but rather
prays in his home with a minyan,
in any event,
when he comes on Sabbath to the synagogue,
he says all the Kaddishim.
If there is also present a yahrzeit,
(the seven days person) says all the Kaddishim
except for one Kaddish
over which lots are drawn [to decide who will say it].
When he is freed from
the seven days of mourning,
because a holiday (came in the middle),
or should one's father pass away on a festival
then he is like the child (who attends the synagogue)
because he (an adult) can also go
to the synagogue every day. |
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| 26:4 |
Should a child in his seven (days)
and an adult in his seven (days)
on the Sabbath,
be present in the synagogue,
the Kaddishim are divided equally between them.
If a yahrzeit is also present,
the adult's [rights to Kaddish] supersede this person's.
Hence, the adult is entitled to
one Kaddish more than the child:
that Kaddish which the child would have had
to grant the yahrzeit. |
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| 26:5 |
A yahrzeit
and, similarly,
a person (in his) thirty (days)
have priority over other mourners
who are in the year (of mourning).
However,
they should also give to the others
(the opportunity of reciting) certain Kaddishim.
Thus, it is proper
that the Kaddish d'rabbonon
and the Kaddish after Oleinu
be given to the yahrzeit
or the person (in his) thirty (days),
while the other Kaddishim
(should be divided) among the other mourners
if their number equals the number of the Kaddishim. |
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| 26:6 |
(Between) a yahrzeit and a thirty (day person),
"profit and loss" (applies - who has most to lose)
the person (in his) thirty (days) has priority,
The yahrzeit is granted only one Kaddish.
If many yahrzeits are present,
each one is entitled to at least one Kaddish,
even if by doing so,
the person (in his) thirty (days) will not be left anything.
Because he may say (Kaddish) tomorrow,
while the yahrzeit
if he does not say (Kaddish) today,
his opportunity will have passed. |
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| 26:7 |
When there are two mourners with equal (privileges),
lots should be cast between them.
The one who wins the lot
says [Kaddish in] the evening service.
Accordingly, the other has
one Kaddish in the morning service
without casting lots,
and lots should be cast for the third Kaddish.
Similarly, if there are many (mourners),
lots are again cast.
Whoever won once,
is excluded from the future draws,
until all have said [Kaddish at least once.] |
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| 26:8 |
The resident (mourner) has precedence over a guest
(if the latter has passed the seven (days)).
When the yahrzeit of a resident
and the yahrzeit of a guest (coincide),
the guest is not granted [a single Kaddish].
(With) a thirty (day) resident,
or a resident in the year (of mourning),
and a yahrzeit who is a guest,
the guest is entitled to one Kaddish.
(This applies) even if a resident yahrzeit is also present;
or a thirty (days) resident,
and a yahrzeit guest,
the guest also gets
one Kaddish.
The yahrzeit resident cannot
tell (the guest),
"I'm first" (my rights supersede yours),
for (the guest) can tell (the resident):
"I am not taking the privilege from you,
but from the thirty (days) person."
Thus, the yahrzeit resident says
the first Kaddish
the guest yahrzeit the second Kaddish
and the thirty (day) person the third Kaddish. |
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| 26:9 |
A thirty (day) guest
and a resident within the year (of mourning)
are considered equal. |
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| 26:10 |
(When there is) a yahrzeit resident
and a thirty (day) guest,
the resident should say the first two Kaddishim
and the guest, the third. |
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| 26:11 |
A guest within the year (of mourning)
is entitled to one Kaddish
when there are other mourning residents
(also) within the year (of mourning). |
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| 26:12 |
In this context, a resident is defined as
a person who has
here (in the city) a permanent dwelling
even though he does not pay taxes,
or someone who pays here taxes
even though he does not live here.
A person who comes here from another place
to say Kaddish
for his father or mother
who lived here,
even though they (his parents)
were residents here,
in any case, because this son
neither lives here
nor pays taxes here,
he is not considered to be a resident (of this city).
(In the case of) a house owner who employs
a teacher or servant,
if they are unmarried
then they are considered residents [of the latter's city].
However, if they have
wives living elsewhere,
they are considered here to be guests.
Students in a yeshiva
or teachers employed
by several house-owners,
even though they have
wives living elsewhere
are considered to be resident.
An orphan being raised in someone's house,
even for money,
since he has neither a father or mother,
is like a resident.
However, if either his father or mother (are alive)
and live elsewhere,
even if (his host) is raising him as an act of charity,
(the orphan) is considered to be a guest. |
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| 26:13 |
A person who prays in a particular synagogue
or house of study always [is not given any privileges]
should he desire to say Kaddish
in another synagogue
the mourners there can refuse him
even if he is in the week (of mourning).
(His standing) is worse than that of a guest,
since a guest has no place
to pray and say Kaddish,
whereas he does. |
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| 26:14 |
If a person is able and is fit
to lead the congregation in prayer,
he should do so.
This is of greater benefit
than (saying) Mourner's Kaddish,
which was instituted essentially for minors.
A person who cannot
lead the congregation throughout the entire service
should lead them at least from "Happy are they"
and "And there shall come to Zion" onward.
Those that have
precedence regarding Kaddish
i.e., in the week (of mourning) and in the (first) month,
also have
precedence
with (leading the congregation in) prayer.
It is customary that a mourner not
lead the congregation in prayer
on the Sabbath or festivals.*
However, if even before he became a mourner,
he would lead the congregation
on the Sabbath or festivals,
he may continue to do so even while a mourner.
* {In many communities, it is customary for a mourner not to lead the congregation in prayer on any day when the musaf service is said. These restrictions apply only to a person within the year of mourning. However, a
person commemorating a yahrzeit may lead the congregation even on the Sabbath or festivals.} |
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| 26:15 |
If two people have equal rights
regarding (saying) Kaddish,
both are equally capable
of leading the congregation in prayer,
and both are equally acceptable to the congregation,
they should cast lots between them.
One leads the congregation until "Happy are they"
and "And there shall come to Zion",
and the other leads the remainder of the service.
If one is incapable
of leading the congregation in prayer
or is not acceptable to the congregation,
and, hence, the other led the prayers,
the latter who prayed, did not forfeit
his rights regarding the Kaddishim.
Nevertheless, it is proper for him to forgo his rights
and leave the Kaddish
for the one who did not lead the prayers
- and how much more so for minors. |
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| 26:16 |
A person who is mourning the loss of his father
and also his mother,
netherless,
he has no greater right
to lead (the congregation) in prayer or say Kaddish
than any other mourner.
Because one memorial
is sufficient for both. |
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| 26:17 |
It is customary to say Kaddish
for only eleven months,
in order not to make one's parents appear wicked,
(as our Sages taught:) "The judgement of the wicked
is (no longer than) twelve months."
Thus should a person die, for example,
on the tenth of Shevat,
one stops saying (Kaddish) on the ninth of Teves.
He should not say (Kaddish) on the tenth of Teves,
for that is already the first day of the twelfth month,
and even one day of a month
is considered to be an entire month.
Thus, it would be considered as if he said (Kaddish)
for twelve months.
In this regard,
one counts from the day of the burial
and not from the day they died.
For example, if one was buried on the eleventh of Shevat,
one stops (saying Kaddish) on the tenth of Teves,
since the (heavenly) judgement does not begin
until after the burial.
During a leap year,
(the son) should stop (reciting Kaddish) on the ninth,
(or tenth (if buried a day later) of Kislev).
On the day he ceases reciting (Kaddish),
he is entitled to say all the Kaddishim.
However, a yahrzeit has one Kaddish,
and, similarly, a thirty (days) person,
and if there are several with yahrzeit
or during their thirty (day period)
this person may not be given any Kaddishim.
When a person knows that either his father or mother
are among the wicked
who will be judged for twelve months,
it is fitting, and he is obligated, to say
Kaddish for twelve months.*
* {This practice is not accepted by all halachic authorities.} |
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| 26:18 |
When there are many mourners present,
heaven forbid,
then, in order to prevent from arising
discord and quarrels,
it is customary in many places
(to allow) two or three people to say (Kaddish) together.*
* {At present, this principle has been further expanded and it is customary in most congregations for all mourners to say all the Kaddishim in unison.} |
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| 26:19 |
If there is not in the synagogue,
any one mourning his father or mother
the Kaddish should be said,
by one who has neither a father or a mother,
on behalf of all the departed of Israel.
In some communities, it is customary
that the rest of the relatives say
Kaddish for their (departed) relatives
if none mourning their father or mother are present.
Furthermore, even if there are people mourning
their father or mother,
if someone wanted to say
Kaddish for his grandfather
or grandmother
who died without [leaving any] sons,
or for his son
or daughter who died without children,
the other mourners should allow him
to say one Kaddish
after they have said one Kaddish each.
In some communities, it is customary
that other relatives also say Kaddish
even when there are
people mourning their father or mother.
However, a compromise between them is reached,
and the former do not say as many Kaddishim
as those mourning their father or mother.
In all these manners we follow
the prevailing custom,
provided it is
a fixed custom in the community. |
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| 26:20 |
A daughter should not say
Kaddish in the synagogue.
However, some opinions maintain
that should she desire to hold
a minyan in her house
so that she may say (Kaddish) there,
she is permitted to do so.
However, others say
that even this should not be done. |
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| 26:21 |
A person who had yahrzeit
and was unable to say Kaddish (on the day)
because he was away on a journey
or did not receive
a Kaddish (because there were not enough available),
may say Kaddish
in the evening service
after the day of the yahrzeit. |
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| 26:22 |
Though saying Kaddish
and prayers are helpful to the departed,
they are not of primary importance.
What is most essential
is that the children proceed
in the path of righteousness,
for by this,
they bring merit to their parents.
The holy Zohar (Bechukosai) declares:
[Malachi 1:6 states:) "A son honors his father,"
as [Exodus 20:12] commands:
"Honor your father and mother."
This refers to food, drink,
and clothes,
which he is obligated to provide in their lifetime.
When they die,
is one free of this obligation?
This is not so.
After their passing,
he is obligated to honor him more,
[for this is also included) in the command:
"honor your father..."
If a son follows
a disastrous path,
he surely disgraces his father
and brings him shame.
[In contrast,] a son who walks
in the path of righteousness
and corrects his deeds
surely honors his father.
He brings honor to him in this world
in the eyes of men,
and brings honor to him in the world to come
before the Holy One, blessed be He.
The Holy One, blessed he He,
has compassion on him
and seats him on a throne
of glory ....
up to here his words (of the Zohar).
A person should
command his children
to be strongly (observant) of one mitzvah.
Their practice of it
will be considered more (important)
than their recitation of Kaddish.
This is a valuable practice
also for someone who does not have
sons but only daughters. |
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