Siman 127

And when the shaliach tzibbur reaches "Modim" – the congregation bows with him. For we learn in the Yerushalmi in the first chapter of Berakhot (halacha 5): Everyone bows with the shaliach tzibbur during the thanksgiving. And the Rambam wrote in the ninth chapter, law 4, and this is his wording: And when the shaliach tzibbur reaches "Modim" and kneels – all the people bow slightly, and they should not bow excessively; see there. Because he holds that complete kneelings are only four: in the first blessing at the beginning and end, and in "Modim" at the beginning and end. And our sages, of blessed memory, were meticulous not to kneel in a place where the sages did not say to do so, as I wrote in siman 123, and in our Shas in Sotah (40a). For there this matter of "Modim" was mentioned, and it was not mentioned there that one must kneel, but only in the Yerushalmi. And the reason: since the shaliach tzibbur says aloud "We give thanks to You" – it follows that the congregation must also show submission. And for this, the Rambam wrote to bow slightly. And in the Yerushalmi there it also says: provided that he does not bow excessively. And the Rambam explains that this refers only to "Modim."

And the Tur challenged him, and his challenge is not understood, see there (and see Turei Zahav subsection 1 who also wondered). Our teacher, the Beit Yosef, in the Shulchan Aruch omitted this matter of "bowing slightly," and wrote only this matter of "and one should not bow excessively." And it seems to me that he follows his reasoning in his great work, that his intention is that one should bow as in all bowings, and regarding all bowings he said that one should not bow excessively, see there. And it is very puzzling: for if so, why did he write it here and not in chapter 5, law 12, for there he explained the laws of bowings? Furthermore: how is it possible to say so, for there he wrote explicitly that bowing slightly is only after the fact, see there, and here he wrote it as the initial requirement? (And the Bach also wrote that this refers only to "Modim." And also the words of the Turei Zahav subsection 1 are puzzling, see there.)

This "Modim" is called "Modim de-Rabbanan." And it appears that because its version is from several Amoraim, as is explained in Sotah there and in the Yerushalmi there, there are several other versions. And it also concludes with the Name, "Blessed are You, Hashem, God of thanksgivings," see there. But we are accustomed to say according to our Shas and without the Name at the end, and the version is already known in the siddurim. And there is one who says that one must also bow at the end, and our teacher, the Beit Yosef, wrote that it is good to be mindful of this opinion. And our teacher, the Rema, wrote that there are those who say that one must say everything in one bowing, and such is the custom. Thus far his words. And among us, not everyone conducts themselves so. And Rav Sherira Gaon wrote: There are those who return and bow when they conclude, and there are those who conclude while standing upright. And the great rabbis did not protest against this one nor against that one (Beit Yosef). And in the Yerushalmi it says: Rabbi Zeira would stand near the prayer leader, so that he would bow with him at the beginning and the end. And it appears that this is its explanation: that he would say this "Modim" with a bit of length so that he would conclude at the same time as the shaliach tzibbur, and would bow also at the end with the shaliach tzibbur. And therefore, they may conduct themselves in this matter either this way or that way.

In Spain and in all the lands of Ishmael, the kohanim lift their hands every day during Shacharit. Therefore, our teacher, the Beit Yosef, wrote: If there are no kohanim there, the sheliach tzibbur says: "Our God and God of our fathers, bless us with the threefold blessing..." until "and I will bless them." And the congregation does not answer "Amen" after him, but rather "Ken yehi ratzon." Thus far his words. And with us, every day is like this, for we do not lift hands except on Yom Tov, as I wrote in siman 128. And we are not accustomed to say it except until "Shalom," and the verse "And they shall place My name" we do not say. And "Bavaracha," the first bet is with a patach. And the answering of "Ken yehi" is only at the end. And with us the custom is to say it after every blessing between verse and verse, and they add to say "By the merit of Abraham, by the merit of Isaac, by the merit of Jacob." And when he says "Yevarekhekha" – he should incline his head toward his right side, "Veyishmerekha" – toward the left side, "Ya'er..." – toward the right side, "Viychuneka" – toward the left side, "Yissa..." – toward the right side, "Veyasem lekha" – toward the left side. And when he finishes "Shalom" – toward the right side. And such is the custom with us. And there is one who wrote: "Yevarekhekha" – to the right, "Ya'er" – toward the Heikhal, which means straight ahead, "panav elekha viychuneka" – to the left (Magen Avraham). But we finish toward the right side, in order to strengthen the right over the left. And we do not say this in Mincha, at a time that is not fit for the lifting of hands. And our teacher, the Rema, wrote that they are accustomed to say "Sim Shalom" in Shacharit, and likewise any time that one says "Our God..." (as in Mincha of a fast day). But otherwise (Mincha and Ma'ariv), "Shalom Rav." And some begin to say "Sim Shalom" in Mincha of Shabbat, since it is written therein "For by the light of Your countenance You gave us, Hashem our God, a Torah of life," which is the Torah that we read in Mincha on Shabbat. Thus far his words. And in the siddur of the Ari, of blessed memory, it is always "Sim Shalom," and so the Sephardim conduct themselves. (And the reason of the Ashkenazim: that "by the light of Your countenance" we do not say in Mincha and Ma'ariv, which is a time of judgment. And according to this, on Shabbat and Yom Tov and Rosh Chodesh it would be correct to say "Sim Shalom" also in Mincha and Ma'ariv, and likewise Erev Shabbat and Erev Yom Tov in Mincha, for then it is a time of favor. Examine carefully and you will find it simple.) (And it implies that in the house of a mourner they say "Our God," for they did not mention this. And it requires further study.)