Siman 109

The Tur wrote: One who enters the beit knesset and finds the congregation praying, if he is able to begin and finish before the shaliach tzibbur reaches Kedushah – he should pray. And if not – he should not pray, because one must say Kedushah with the congregation. And if he entered after Kedushah, if he is able to begin and finish before the shaliach tzibbur reaches "Modim" – he should pray. And if not – he should not pray, because one must bow with the congregation at "Modim," so that he does not appear as a denier of the One to whom the congregation is bowing. Thus far his words, and so it is in the Shulchan Aruch, section 1. And these are two statements in Berakhot (21b), one regarding Kedushah and one regarding "Modim." And in the Gemara, regarding "Modim" as well, the wording is: One who enters the beit knesset and finds the congregation praying, see there. And the Tur changed the wording regarding "Modim" to say when he enters after Kedushah. And the commentators were very pressed regarding his intention, and they wrote that he did not speak precisely (see Bach and Perishah).

And in my humble opinion, it appears that the Tur was compelled to this. For on the surface, this statement regarding "Modim" is puzzling: for it is understandable regarding Kedushah that it is forbidden for him to pray so that he does not miss the Kedushah, as it is forbidden for an individual to say Kedushah, and even though he could remain silent and listen as I wrote in siman 104, nevertheless, this is not like saying it. Furthermore: not everyone agrees with this permission, as I wrote there. But regarding "Modim," what of it? If he prays, he can surely bow with the congregation at the place where he stands in prayer, as indeed Rabbeinu Tam would do so, as is explained in the Tosafot there. And if it is because of "Modim de-Rabbanan" – we have not found a basis for this, that because of this he should not pray, as the Tosafot wrote there that we have not found in the Gemara a basis for "Modim de-Rabbanan," see there.

However, the explanation of the matters is as follows: One who enters the beit knesset and finds the congregation praying regarding the matter of Kedushah, even if the congregation is praying silently and it is a great mitzvah to pray with the congregation, nevertheless, if he cannot finish until Kedushah—he is obligated to wait and answer Kedushah, even though he will afterwards pray in private. But for the sake of "Modim"—Heaven forbid to cancel prayer with the congregation because of this, for prayer with the congregation is preferable to "Modim." Rather, regarding "Modim," the explanation is that the congregation is praying, meaning they are engaged in prayer, but he arrived at the beit knesset after Kedushah. Therefore, since even now he will pray in private—it is better for him to wait until after "Modim." And what would he lose by this? For the time for prayer is not passing, for if the time were to pass even for Kedushah—he would not need to wait. And this is why the Tur was precise to say regarding "Modim" that he arrived after Kedushah.

And know that the Rambam at the end of the tenth chapter wrote only the law of kedushah, and the law of "Modim" he did not mention at all, see there. And it appears that he holds that these two statements disagree with one another, and the one who says kedushah does not agree regarding "Modim," and he ruled like him (and so wrote the Lechem Mishneh). And it appears to me that this is the reason of the Maharil who was accustomed to begin even if he had not finished before "Modim," as our teacher, the Rema, wrote in his book Darkhei Moshe, see there. And he labored to settle it that perhaps the time was passing, see there. And who will not see this difficulty? For it is known that the early ones would pray in the morning. But it is clear to me that he took the opinion of the Rambam as the primary one, and I wonder at the Tur and Shulchan Aruch who did not bring the opinion of the Rambam at all. And behold, the great later authorities held that the law of "Modim" is like the law of kedushah. And in my humble opinion it is clear that it is not so even according to the opinion of the Tur and the Shulchan Aruch, and all the more so according to the opinion of the Rambam. And it appears to me that our teacher Tam also holds like the Rambam, for the Tosafot wrote there in this wording: And our teacher Tam was accustomed when he was praying alone, when the chazzan reached "Modim," he would bow with the congregation without saying anything at all. Thus far their words. And it is difficult: how did he begin to pray before "Modim"? Rather, it is certain that he holds like the Rambam that the halakhah is not like the statement of "Modim." And it seems to me that such is also the custom now.

And behold, according to what has been explained that Kedushah supersedes prayer with a tzibbur, if so, those people who lengthen their Shemoneh Esrei prayer in such a manner that even if they begin with the tzibbur they will not finish before Kedushah—how have they found their hands and feet? For this is against the Gemara, and they should have waited until after Kedushah. Yet we have never heard nor seen anyone who would do so, and there are many giants of the world who lengthen their prayer until after Kedushah. And perhaps it is because of this that the custom in most of the dispersions of Israel is to wait for the Rav during the repetition of the shaliach tzibbur, so that he should not stumble in this. However, this is not sufficient. And it seems to me that our sages, of blessed memory, only said this regarding a person who does not lengthen his prayer, but rather arrived after the tzibbur had already begun to pray; such a person should wait until after Kedushah and pray privately. But one whose way is to lengthen his prayer, and always prays with the tzibbur—it is not reasonable that we should always nullify him from prayer with a tzibbur. Rather, he prays with the tzibbur, and if the tzibbur recites Kedushah—he shall remain silent, as is explained in siman 104.

In the Gemara ibid. it is explained that "Amen, yeha shemeh raba" is greater than Kedushah, see there. And since it has been explained that he should not pray if he will not finish before Kedushah, all the more so he should not stand in prayer when he will not finish before Kaddish, meaning before "Amen, yeha shemeh raba." This is what our teacher, the Beit Yosef, wrote in section 1: before the sheliach tzibbur reaches Kedushah or Kaddish, see there. And there is one who wrote that this only applies to Maariv (Magen Avraham, subsection 1). And his intention regarding the law in the Shulchan Aruch: "One who enters the beit knesset and finds the congregation praying," meaning: that they are praying Shemoneh Esrei—consequently, in Shacharit and Mincha he should not pray because of the Kedushah which precedes the Kaddish. And only in Maariv is it found that when he comes to the beit knesset and the congregation is standing in Shemoneh Esrei—he should not stand with them if he will not finish before "Amen, yeha shemeh raba." However, regarding the essence of this law, it is found also in Shacharit and Mincha, when he comes during the repetition of the sheliach tzibbur after "Modim"—he should not pray Shemoneh Esrei if he will not finish before the Kaddish that follows Tachanun. Nevertheless, it is possible that we are not concerned with this Kaddish, for there is another Kaddish Shalem after "Uva LeTzion." But in Maariv, even though there is another Kaddish Yatom after "Aleinu"—it is not as essential as the Kaddish after the prayer. And according to this, also in Mincha he should not pray when he will not finish before the Kaddish Shalem after the prayer.

And I saw one who wrote that for kaddish one must wait because it has no fixed limit, and only the kaddishes from "Aleinu" and onward are not included in this (Magen Avraham subsection 3). And according to this, many laws would be renewed for us: that one should not stand to pray during the saying of "Uva LeTziyon" even though he heard the half-kaddish that follows Tachanun. And similarly on Rosh Chodesh when they say Hallel—he should not stand in prayer if he will not finish before the kaddish that follows Hallel, even though he will hear further kaddishes. And so too anything similar to this. And it seems that the custom is not so. And on the contrary, it appears in my humble opinion that if there is only one kaddish of the prayer before him that he will yet hear—it is sufficient for him. And according to the logic, since it has no fixed limit—one is sufficient. And "Barchu" its law is also like Kedushah, and if he already heard "Barchu" or Kedushah, or knows that he will hear them afterwards—he does not need to wait (ibid.). And according to our words, kaddish also has this law. And it is simple that during the reading of the Torah one should not stand to pray, for behold he must hear the reading of the Torah. And there are several "Barchu"s and "Amen"s there, and the kaddish that follows the reading of the Torah. And it appears clear that even before the reading one should not stand to pray if he will not finish before the reading. And even if he stands in Pesukei D'Zimrah or in the blessings of Kiryat Shema—he should wait and hear the reading of the Torah, and answer "Barchu" and "Amen, yehei shmeh rabba," but not the other "Amen"s.

One who comes to the beit knesset for Mincha after Kedusha, and if he prays he will not say "Modim" and "Amen, yehei shemei raba" – he should wait until after the full Kaddish. However, if the time will pass, or if he will not be able to pray Maariv with the tzibbur, there is one who says that tefilla b'tzibbur is preferable and he should pray immediately (ibid. subsection 2). And there is one who disagrees in this, and holds that Kaddish is preferable to tefilla b'tzibbur (Eliyah Rabbah subsection 7). And such is the primary ruling, for regarding Kedusha it has been explained that it is preferable to tefilla b'tzibbur, and all the more so "Amen, yehei shemei raba" which is greater than Kedusha as I have written. And even though he will hear Kaddish during Maariv, nevertheless, during Mincha he will not hear it. And even according to what we explained that one Kaddish is sufficient, nonetheless, at any rate one needs one Kaddish for every tefilla. And it is simple that "Amen, yehei shemei raba" is much more preferable than "Modim." Therefore, if when he prays immediately he will not say "Modim" but will finish by the Kaddish, and if he waits until after Kaddish the time for tefilla will pass – then he should not pray Maariv with the tzibbur and should pray immediately (ibid.). And also when he comes close to Kedusha – he should wait until after Kedusha and immediately pray. And he should wait until after the "Amen" of "ha-El ha-Kadosh" as will be explained (and Kaddish is preferable to Kedusha).

Our teacher, the Rema, wrote that the "Amen" of "Ha-El Ha-Kadosh" and of "Shome'a Tefillah" – their law is like Kaddish and Kedushah. Thus far his words. And this is from the Yerushalmi, and our teacher, the Beit Yosef, was not concerned for it because it was not mentioned in our Talmud. Furthermore, the Rambam and the Tur did not bring it, and also the Tosafot and the Rosh there mentioned this regarding another matter, see there. And there is no proof that they ruled like it, and they only wrote that one should be careful regarding these "Amen"s, see there. And behold, regarding the "Amen" of "Ha-El Ha-Kadosh," there is no practical halachic difference, and anyway when one waits for Kedushah he should wait a few more moments until after the blessing. And also regarding the "Amen" of "Shome'a Tefillah," it seems to me that there is no practical difference, for it is adjacent to "Modim." And even though from his wording it implies that it is like Kaddish and Kedushah which are superior to "Modim," nevertheless it seems to me that he did not speak precisely. And only because the author was dealing with Kaddish and Kedushah did he write so, and especially since many disagree entirely on this (and so it is implied from the Levush). And in truth, it is a mitzvah to answer every "Amen." And if the time is not passing, it is good to wait until after the repetition by the sheliach tzibbur, and to answer "Amen" to each and every blessing (see Taz in the name of the Rama Mi-Pano). And one who arrives at the time that the congregation is answering "Amen, yehei shemeh rabba" – he should answer with them even though he was not there at the beginning, and similarly regarding Kedushah (ibid.). And there is one who says that he should begin with "Yehei shemeh rabba" and not say "Amen, yehei...". And similarly when one interrupts for "Amen, yehei shemeh rabba" – he should not begin from "Amen" because "Amen" refers to what preceded (Magen Avraham, subsection 2). And I wonder: for granted that it refers to what preceded as I wrote in siman 56, nevertheless also regarding what follows it is appropriate to say "Amen," as we find in Kings and in Jeremiah: "Amen. So may Hashem say." And if so, why should he not begin with "Amen"? And such is the simple custom.

At "Modim," one may pray ab initio if he will only reach one of the blessings in which one bows at the time of "Modim," for since he bows with the congregation, he no longer appears as one who denies. It has already been explained in siman 66 that between "Geulah" and the prayer it is forbidden to interrupt even for Kaddish and Kedushah, and therefore he should wait at "Shirah Chadashah" as I have written there. However, if by a slip of the tongue he said until "Ga'al Yisrael" and consequently is forced to begin the prayer, what shall he do when the shaliach tzibbur reaches Kedushah—shall he remain silent? And so too for Kaddish, as I have written in siman 104. And when the shaliach tzibbur reaches "Modim" and he is standing in the middle of some blessing—he should bow with them. But when he is standing at the end of a blessing or at the beginning of a blessing—he should not bow, for one does not bow at the beginning of a blessing or at its end except in the place where the sages enacted, which is in "Avot" and in "Modim." And even though he only bows so as not to appear as one who denies, and indeed there is one who disagrees on this (see Beit Yosef), nevertheless the intention is that this matter is easy to do, that he should begin the blessing and stand in the middle, for in one moment he can do this (so it appears to me).

The Rambam wrote at the end of the tenth chapter: One who enters the beit knesset and finds the congregation praying silently, if he is able to start and finish before the shaliach tzibbur reaches Kedushah – he should pray. And if not – he should wait until the shaliach tzibbur begins to pray aloud, and he prays with him silently word for word until the shaliach tzibbur reaches Kedushah, and he answers Kedushah with the congregation, and prays the rest of the prayer for himself. Thus far his words. And he says with the shaliach tzibbur "Nekadesh" or "Nakdishach," and "Le'umatam Baruch Yomeru," "Uvedivrei Kodshacha Katuv Leimor," and "Ledor Vador Nagid Godlecha…" (Magen Avraham subsection 7). And that which he prays by himself after Kedushah – this is when he is able to finish before the shaliach tzibbur reaches "Shomei'a Tefillah" (ibid.). And if not, he should pray with the shaliach tzibbur word for word until the end of the prayer, for in this it is as if he answers "Amen" as well, since he finishes the berakhah with the shaliach tzibbur. And when the shaliach tzibbur reaches "Modim" he should bow with him together, and likewise at the end of the berakhah. And if he wishes, he can reach the end of the berakhah at the time the shaliach tzibbur reaches "Modim." And if he prays equally with the shaliach tzibbur until its end, there is a doubt if he should say with the shaliach tzibbur "Barechenu BaBerakhah HaMeshuleshet." For even though regarding a fast day the poskim wrote that he should not say with the shaliach tzibbur the berakhah of "Aneinu" between "Goel" and "Rofei" but rather in "Shomei'a Tefillah" as an individual (ibid. in the name of Maharil and Matteh Moshe) – this is because it is a berakhah with the Name and they did not institute it for an individual. But "Barechenu" is a mere supplication. And in my humble opinion, he may say it with the shaliach tzibbur.

And know that this law of the Rambam was written by the Tur and Shulchan Aruch, section 2. However, they wrote it in a different phrasing; see there. And our teacher, the Rema, wrote concerning this, and this is his wording: But initially he should not begin until after he has said Kedushah and "the Holy God." However, if he needed to begin because the time is passing, or in order to join redemption to prayer – such is the law. Thus far his words. And these matters are astonishing, for the Rambam wrote to do so initially, and so wrote the Semag. And there is one who pressed the wording of the Tur to interpret it so (Perishah), but it is not so, and how could he not mention the words of the Rambam? Furthermore: why should he not do so, for he says the Kedushah with the shaliach tzibbur (and I found that the Eliyah Rabbah raised this difficulty)? And it is clear to me that some error fell here. For behold, in the Shulchan Aruch printed with the Eliyah Rabbah, this gloss is written in section 1, and because it has no relevance there, he wrote that it belongs to section 2 (and so wrote the Ba'er Heitev). And it seems clear to me that it refers to section 3, regarding what the author wrote that when one stands in prayer and the congregation says "Keter," he should remain silent and not answer with them; regarding this he wrote that initially he should not begin until after Kedushah. (And with this the words of the Magen Avraham, subsection 9, are well-settled, as he wrote that one must remain silent and listen; see there. And it is a wonder: does he not say it with the shaliach tzibbur? But regarding section 3 it is well-settled. And see Pri Megadim, and his words are astonishing and forced. Examine it and you will find it easy.)

An individual standing in prayer, and when he reached the place of Kedushah the congregation says the Kedushah of "Uva LeTzion" or of "Yotzer Or" – he shall not say it with them, for the Kedushot are not equal. Our teacher, the Beit Yosef, wrote that it appears the same law applies if he is standing in Shacharit and the congregation says the Kedushah of "Keter" in Musaf – he does not say Kedushah with them, but rather shall remain silent and focus on what they are saying, for one who hears is like one who responds. However, ab initio he should not begin, as I wrote in the previous section. However, our teacher, the Rema, wrote that the individual may respond with them, for both are the Kedushah of the Shemoneh Esrei and their sanctity is equal. And so it appears to me to be the primary view. Thus far his words. And such is the widespread custom.