Special Observances during the Aseret Yemei Teshuva

Special Observances during the Aseret Yemei Teshuva

The ten days from Rosh HaShanah to Yom Kippur are known as the Aseret Yemei Teshuva, the ten days of repentance. The Gemara, Rosh HaShanah 18a, states that the verse (Yeshayahu 55:6) that states to call out to G-d when he is close refers to the Aseret Yemei Teshuva. There are a number of practices that are observed during these days. In this issue, we will present a discussion about these practices and the common theme that is apparent in all of these practices.

The Recitation of HaMelech HaKadosh and HaMelech HaMishpat

The Gemara, Berachot 12b, notes that during the Aseret Yemei Teshuva, the beracha of "HaKel HaKadosh" should be changed to "HaMelech HaKadosh" and the beracha of "Melech Oheiv Tzedakah UMishpat" should be changed to "HaMelech HaMishpat." The Gemara has a further discussion regarding whether one must return to that beracha if he did not recite the special formulation.

Most Rishonim rule in accordance with the opinion that one must return to the beracha if it was not recited properly. R. Eliezer ben R. Yoel HaLevi, (Ra'aviah c. 1140-1220), Avi HaEzri no. 40, rules that one is not required to return to the beracha. R. Yosef Karo (1488-1575) Shulchan Aruch, Orach Chaim 582:1, rules in accordance with the majority opinion. He adds that there is a difference between a mistake in HaMelech HaKadosh and a mistake in HaMelech HaMishpat. The beracha of HaMelech HaKadosh is part of the first three berachot which is considered a single unit. Therefore, if one did not recite HaMelech HaKadosh, he must return to the beginning of the Amidah. If one did not recite HaMelech HaMishpat, he returns to the beginning of that beracha.

Rabbeinu Yonah (d. 1263), in Talmidei Rabbeinu Yonah, Berachot 7a, s.v. UMihu, notes another difference between the two berachot. He contends that the critical factor is mentioning G-d as King (melech). Therefore, one who recited "Melech Oheiv Tzedakah UMishpat" is not required to return to the beracha because his recitation of the word "melech" is sufficient. This is significant from a practical perspective since the ordinary recitation is "Melech Oheiv Tzedakah UMishpat," and it is unlikely that someone would omit the word "melech." As such, according to Rabbeinu Yonah, the discussion about returning to the beracha is only practically relevant to one who recited "HaKel HaKadosh" instead of "HaMelech HaKadosh." R. Karo, Beit Yosef, Orach Chaim no. 582, notes that most Rishonim do not present this distinction which indicates that they disagree with Rabbeinu Yonah. R. Karo himself in Shulchan Aruch, op. cit., does not present this distinction. Nevertheless, Rama, Orach Chaim 118:1, accepts Rabbeinu Yonah's distinction as a matter of Halacha.

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