Q & A: Selichot Restrictions (Part I)

Question: The Kitzur Shulchan Aruch states that an individual praying without a minyan is not allowed to recite the Thirteen Middot in Selichot. Additionally, the Selichot prayers that were composed in Aramaic may only be recited with a minyan as well. What is the reason for these restrictions?

Moshe Jakobowitz

Brooklyn, NY

Answer: Your question is timely in light of the Selichot that we recite during the period leading up to and including the Days of Awe, and especially so as the Sephardim begin reciting Selichot from the beginning of Elul. The Kitzur Shulchan Aruch (Topic 128:9 Hilchot Chodesh Elul) is your source. He notes both that an individual may not recite the Sh’losh Esrei Middot – the Thirteen Attributes of Mercy, as found in Parshat Ki Tisa (Exodus 34:6-7), in the manner of tefillah and bakasha (supplication), but one may say them as if reading from the Torah with their melody and cantilation. He also notes that any references to the Thirteen Attributes within the various passages in Selichot, i.e., “Z’chor lanu hayom brit shlosh esrei – Remember for us today the covenant of the Thirteen [Attributes] – are also omitted by the individual. Likewise, the entreaties in Aramaic – “Rachmana machei u’massei de’ani le’aniyyei aninan” and “Maran di’b’Shemaya” – are to be said only when praying with a minyan.

As far as the Thirteen Attributes, Beit Yosef in his perush on the Tur (Orach Chayyim 565 s.v. “katav R. Nattan she’ein…”), citing Teshuvot HaRashba, refers to them as being a davar she’b’kedusha – a matter involving great holiness, which requires a minyan to perform or recite. He cites the Gemara (Rosh Hashanah 17b) that G-d donned a talit in the style of a chazzan to demonstrate to Moses that he should instruct Israel how to pray before Him to expiate their sins. The implication is that this prayer is to be recited in the presence of a congregation and as such, the Thirteen Attributes are an aspect of tefillah b’tzibbur – communal prayer.

The Mishna (Megillah 23b) enumerates the situations that require the presence of at least ten men because they incorporate a davar she’b’kedusha. Tefillah b’tzibbur is one such situation. This halacha is based on several Biblical verses (see Leviticus 22:32 and Numbers 14:27 and 16:21). A discussion on this topic is found in Talmud Bavli (Berachot 21b). (The parallel passage in Talmud Yerushalmi (Megillah 4:4) utilizes different verses to deduce the gezera shava – textual analogy on which these rules are based – namely: Leviticus 19:2 and Genesis 42:5.)

These situations include Perisat Shema – lit., half of Shema (Rashi, s.v. “ein porsin…” explains that this is when a group enters a synagogue after the congregation has already recited the Shema, and they now wish to recite the Birkat Keria’t Shema, including the preceding Kaddish and Barechu. They may do so only if together they constitute a minyan, and even then, they only recite the first beracha of Yotzer ha’Meorot).Other situations include the repetition of the Shemoneh Esrei by the chazzan, the Priestly Blessing, the public reading of the Torah portion and of the haftara, certain practices at a funeral, the mourner’s consolation, public wedding blessings, the invitation to join in the Grace after Meals (which includes the name of G-d), and the appraisal of consecrated land.

While codifying this halacha based on the Mishna above (Megillah 23b), Rambam notes that congregational prayer is conducted in the presence of at least ten adult men who are bnei chorin – free, i.e., not slaves (Hilchot Tefillah 8:4). The chazzan who leads the prayers is included in that count. Rambam adds that the recitation of Kedusha and the reading of the Torah and haftara [with the appropriate blessings that precede and follow them] cannot take place unless ten men are present.

Further, he adds that we do not divide Shema (Perisat Shema), recite Kaddish, or invoke the Priestly Blessing without a minyan (8:5).

Now, returning to Beit Yosef, we see that he refers to the Thirteen Attributes as belonging in the category of davar she’b’kedusha; hence their recitation is limited to occasions when a quorum of ten adult males is present.

To be continued.