Siman 131

After the sheliach tzibbur finishes the repetition of the prayer – they fall upon their faces and supplicate. The matter of nefilat apayim is in order to arrange the prayer in three orders: first, prayer while sitting, which is until the Shemoneh Esrei; afterwards, prayer while standing; and afterwards, nefilat apayim, just as Moses our teacher did, as it is written: "And I sat on the mountain"; and it is written: "And I stood on the mountain... and I fell down before Hashem" (Tur). Therefore, we say afterwards "and we know not what to do," meaning: we have prayed in every possible manner, and beyond this we know not what to do, and our eyes are only upon You (so it is implied in the Tur, see there).

The Tur wrote in the name of Rav Natronai Gaon: Nefilat apayim is a voluntary act and not an obligation, see there. Therefore, it is easily cancelled for several reasons, as will be explained. And it appears to me that now that all of Israel have accustomed themselves to this—they have established it upon themselves as an obligation, whether to a small or great extent. We also find in the Gemara that although it is voluntary, nevertheless its matter is very great. And from Heaven they hasten to answer regarding nefilat apayim, as we say at the end of the chapter "HaZahav" regarding the matter of the oven of Achai, that Rabbi Eliezer had a grievance against Rabban Gamliel the Nasi, and the wife of Rabbi Eliezer was the sister of Rabban Gamliel. And she did not allow him every day to fall upon his face. And one time she did not pay attention, and he fell upon his face, and immediately Rabban Gamliel was punished, see there. Behold, it is explicit that this is not an obligation, for if it were an obligation, he would not have obeyed her. And it is also explicit that its power is great, for immediately his prayer was accepted.

Our teacher, the Beit Yosef, wrote: One should not speak between the prayer and nefilat apayim. Thus far his words. And they were precise in this, for in siman 51 it is explicitly stated that only until after the Shemoneh Esrei is it forbidden to speak, see there. And they answered that specifically to interrupt and engage in another matter is forbidden, but mere conversation—we have no concern regarding it (Magen Avraham subsection 1). And how forced this is. However, his intention is as follows: for the intention is not regarding the category of a prohibition, for how is a prohibition relevant since it is only optional? However, our teacher, the Beit Yosef, follows his reasoning in his great work, where he wrote in the name of the Rashba that it is relevant that the wife of Rabbi Eliezer would not allow him to fall [on his face] except that she would enter into conversation with him, and then his nefilat apayim would not be effective to act. (See Beit Yosef, and Taz subsection 1. And not like the explanation of the Rivash that the Magen Avraham brought there, that he would forget to fall, see there.) And this is what our teacher, the Beit Yosef, says: "One should not speak...", meaning: that if he speaks, the benefit of the prayer from nefilat apayim will not reach him.

The essence of nefilat apayim is with the spreading of hands and feet with the face flat on the ground, in the manner that we do on Yom Kippur. This is the wording of the Rambam at the end of the fifth chapter of Tefillah: What is "prostration"? …He sits on the ground, and falls on his face to the ground, and supplicates with all the supplications that he desires. "Kneeling" mentioned everywhere is on the knees, "bowing" is on the face, "prostration" is the spreading of hands and feet until he is found lying on his face on the ground. And when he performs nefilat panim after prayer, there is one who performs bowing, and there is one who performs prostration. And it is forbidden to perform prostration on stones except in the Beit HaMikdash. And an important person is not permitted to fall on his face unless he knows himself to be a tzaddik like Yehoshua. But he tilts his face slightly and does not press it to the ground… Thus far his words. And the reason that he is not permitted to fall on his face unless he is a tzaddik like Yehoshua, from the commentary of Rashi (Megillah 22a) it is explained so that he will not be disgraced if he is not answered immediately. And so it is explained from the Rif and the Rambam. And so it is implied from the Yerushalmi in the second chapter of Taanit, which says that specifically in public he should not do so, but in private it is permitted, see there. And according to this reason it works well that in private there is no such concern, for not everyone knows. And this is the reason they said there in the Gemara, that Abaye and Rava when they fell on their faces, they tilted. That is to say: they tilted on their sides slightly as is the custom among us, and did not fall upon the ground. And according to this, we certainly are not worthy to fall with our faces on the ground. And such is the widespread custom.

Therefore the Rambam, in the ninth chapter of the Order of Prayer, wrote in law 4 that after one completes the entire prayer, he should sit and fall upon his face, and he and the entire congregation should lean slightly, and he should supplicate while falling, and he and the rest of the people sit and raise their heads, and supplicate a little in a loud voice while sitting. Thus far his words. That is to say: that after the supplication they say something, like our practice of "Shomer Yisrael" or "Va'anachnu Lo Neda." And it is clear from his words that the supplication is only while sitting. And even the shaliach tzibbur, as he wrote: "and he falls and sits." But our custom is not so, for the shaliach tzibbur leans on his side while standing next to the amud. And so wrote our teacher, the Beit Yosef, in section 2: Nefilat apayim is while sitting and not while standing. Thus far his words. And he explained in his great book that according to the Kabbalah, this is indispensable. Therefore, even if one just finished his prayer now, and is standing in the place where the steps ended – he should not fall there while standing, but rather sit there. And if it is impossible to sit there – he waits the time it takes to walk four amot, and returns to his place and sits (Magen Avraham, subsection 5). However, the Rivash and the Maharil wrote that there is no strict requirement, and one may fall while standing (ibid.). And we, even though we hold like the first opinion, nevertheless, it has happened to us several times that it is impossible to sit, such as when his fellow is standing in prayer within his four amot, and it is forbidden to sit by the law of the Gemara as is explained in siman 105. And Heaven forbid to transgress the law of the Gemara because of this, and then we fall while standing. (And the Rosh and the Tur wrote that this matter of Abaye and Rava leaning on their sides – is not because an important person is not permitted..., but because even though from the Torah there is no prohibition of falling on a stone floor except with the spreading of hands and feet, nevertheless, by rabbinic law it is forbidden even with a standard falling on a stone floor, see there. And according to this, it is also forbidden in one's home. And it must be said according to their approach that the Yerushalmi which permitted it – refers to where there is no stone floor.)

On which hand does one fall? The Tur wrote in the name of a Gaon that an important person must fall on the left side. And the reason they wrote is that this is how they would lay down the Tamid offering when slaughtering it, on its left (Beit Yosef in the name of the Kol Bo). And another reason: because leaning on the left is called "leaning," for it is the leaning of free men, and on that side where one appears as a free man, one must submit before the Omnipresent (ibid. in the name of Rav Hai). And a sign for the matter: "His left hand is under my head" (ibid.). And another reason: when one prays, the Shekhinah is at his right, as it is written: "The Lord is your shade upon your right hand"; and it is written: "I have set the Lord before me always." It follows that when he is inclined on his left—his face is toward the Shekhinah. And if he inclines on the right side, it would be the opposite, and it is not proper to do so (ibid. in the name of the Rav).

The Tur wrote that in Ashkenaz it is the custom to lean on the right side, and so it is found in the Midrash on the verse "and his right hand embraces me." Thus far his words. And so wrote the Rokeach: We lean on the right because the Shekhinah is opposite the person, and when he leans on his right and the Shekhinah is opposite him, "his left hand is under my head, and his right hand embraces me." Thus far his words (Beit Yosef). And so wrote the Rivash in a responsum in the name of Rashi in the name of his teachers, that it is proper for the leaning to be toward the right side, as it is written: "...and his right hand embraces me." And so it is in Bereshit Rabbah (ibid.). Our teacher, the Rema, wrote in section 1 that the primary rule is to lean during Shacharit, when one has tefillin on his left, toward the right side out of respect for the tefillin, and during Arvit or when one does not have tefillin on his left – he should lean toward the left side. Thus far his words. And there is one who wrote that even in Shacharit with tefillin he should fall on the left but should lean his head toward the right side, and in Minchah he should lean toward the left side. Our custom is like our teacher, the Rema, and so the Acharonim agreed (Taz and Magen Avraham subsection 3). And when he falls, he should not fall on the flesh of the hand but rather on a garment, for the hand is not considered a covering as I wrote in siman 91 (ibid. subsection 2). The shaliach tzibbur should lean with his head toward the tevah (ibid. subsection 3) and not toward the sides. And so one who sits opposite the Aron should lean toward it (ibid.), for this is more proper as it appears like one prostrating toward the Aron HaKodesh. And he does not specifically need to fall in the place where he prayed, for it is permitted to pray in this place and fall Tachanun in another place.

In the Tur, he wrote to say during nefilat apayim: "Master of all the worlds and Lord of lords, the great, mighty, and awesome God, have mercy upon us for we are Your servants. And the work of the hands of flesh and blood… what are we, what is our life…, what shall we say before You, Hashem our God, for we have sinned and we have acted wickedly. And we have no kohen to perform our obligations, nor a kohen gadol…, nor an altar… therefore, may it be Your will before You that our prayer be accepted, and it should be considered before You like bulls and sheep as if we sacrificed them upon the altar and You shall find favor in us." Thus far his words. And there is also another prayer there from the Yerushalmi, see there. But our custom is to say the psalm "Merciful and Gracious, I have sinned…" until "they shall be ashamed in a moment." And some say beforehand the verse "And David said to Gad, I am in great distress…", but we are not accustomed to saying it. And the custom of Sepharad is to say the psalm "Of David, to You Hashem I lift my soul," and so it is in the Zohar. And he should intend to surrender his soul. And he warned that if he did not intend fully but with a distant heart – he caused himself to be removed from the world before his days arrived, see there. And therefore they refrained from saying it in Ashkenaz (Magen Avraham end of subsection 5).

After he raises his head after nefilat apayim, he should supplicate a little, each and every place according to its custom. Our custom is to say "Shomer Yisrael..." until "ve-hoshienu." Afterward, we say "Va-anachnu lo neda mah na'aseh." They wrote that it is proper to say "Va-anachnu lo neda" while sitting, and "mah na'aseh" while standing and in a loud voice (Magen Avraham, subsection 4, in the name of the Shelah). The reason seems to me based on what I wrote in section 1, that we have prayed in every possible manner: sitting, standing, and falling. Therefore, we now hint at this: Have we not fallen, sat, and stood? What more can we do? Now our eyes are only upon You; remember Your mercies. Afterward, the shaliach tzibbur says half-kaddish. Afterward, they say "Ashrei," "La-menatzeach ya'ancha," and "U-va le-Tzion," and it will be explained in siman 132. Our teacher, the Rema, wrote at the end of section 1 that even on days when they do not say tachanun, they say "La-menatzeach," except for Rosh Chodesh, Chanukah, Purim, Erev Pesach, Erev Yom Kippur, and Tisha B'Av. Thus far his words. And so it is with "El Erech Apayim" on Monday and Thursday, which will be explained in siman 134. However, the custom of the Sephardim is that "La-menatzeach" is equivalent to tachanun, and on a day when tachanun is not possible, they also do not say "La-menatzeach."

Our teacher, the Rema, wrote in section 2: Some say that nefilat apayim is only in a place where there is an aron and a sefer Torah inside it, but otherwise, one says the supplication without covering the face. And such is the custom. And the courtyard of the beit knesset that is open to the beit knesset, or at the time when the congregation is praying—then even an individual in his home says the supplication with nefilat apayim. Thus far his words. This law is from the Rokeach, and he wrote a mnemonic for the matter from Yehoshua during the war of Ai: "And he fell upon his face before the aron of Hashem." (See Taz subsection 5 who raised a difficulty from the Concubine in Gibeah, where it is written: "And they wept before Hashem," see there. And I wonder, for there it is written "aron," and it requires further study.) And our teacher, the Beit Yosef, in his great book wrote that if it is a tradition—we shall accept it, but if it is by legal reasoning—there is a rebuttal. Thus far his words. And it seems to me that his intention is: for the primary prostration we learned from Moshe our teacher, as it is written "And I prostrated myself," and there was no aron there. And if it is because Mount Sinai is the primary resting of the sanctity, behold, in every place that a person prays, the place becomes holy; and when he prays, the Shekhinah is opposite him, and he is like one standing before the King, as has been explained several times. Furthermore: for in the Rosh in Megillah there, he ruled that an individual in his home is permitted to fall with his face upon the ground, and in his home there is presumably no sefer Torah (Taz ibid.). Nevertheless, the simple custom is like the Rokeach and like the ruling of our teacher, the Rema. And in the courtyard of the beit knesset that is open to the beit knesset, at the time when the entrance is open, they perform nefilat apayim in the courtyard, and not at the time when the entrance is locked. And in the women's section they perform nefilat apayim (Magen Avraham subsection 7). And so too the small rooms that are around the batei knesset and batei midrash—their law is like the beit knesset and beit midrash regarding this matter. And that which he wrote, that even an individual in his home, at the time the congregation is praying, performs nefilat apayim—there is one who explained that this is specifically at the time the congregation says Tachanun (ibid. subsection 8). And there is one who explained that only during the time of the prayer of the congregation can he perform nefilat apayim (Taz subsection 7). And all the more so when they pray with a minyan in his home during the time of the congregation's prayer—they perform nefilat apayim there even without a sefer Torah (ibid.). And so appears the primary intention of our teacher, the Rema, even though the custom is not so.

There is no nefilat apayim at night. Therefore, in Arvit there is no nefilat apayim, for it is received by the sages that nefilat apayim alludes to the attribute of the night, and one does not fall on their face, and the matter is close to "cutting the plantings" (Beit Yosef). However, during the days of Selichot at the morning watch, it is permitted to fall, because it is close to the day (ibid.). After midnight is a time of mercy, but at the beginning of the night there is a strengthening of the judgments (Magen Avraham, subsection 9). Nevertheless, if the Tachanun continues from Mincha until bein hashemashot—one need not be concerned as long as it is not yet certainly night (Taz, subsection 8).

The Rambam wrote at the end of the fifth chapter: It is a widespread custom among all Israel that they do not fall on their faces on Shabbat, and Yom Tov, and Rosh Hashanah, and Rosh Chodesh, and Chanukah, and Purim. Nor at Mincha of the eves of Shabbats and Yamim Tovim, nor at Arvit of every day. And there are individuals who fall at Arvit. And on Yom Kippur they fall on their faces at every single prayer, because it is a day of supplication and request and fasting. Thus far his words. And we have not known nor heard of this custom to say tachanun on Yom Kippur, nor of individuals who fall at Arvit. And our teachers, the authors of the Shulchan Aruch, wrote in section 6: They practiced not to fall on their faces on the fifteenth of Av, nor on the fifteenth of Shevat, nor on Rosh Chodesh nor at the Mincha preceding it, nor on Chanukah. And some say also at the Mincha preceding it, and so we practice. And on Purim they do not fall on their faces, and on Lag BaOmer they do not fall. And so on the eve of Yom Kippur, and so on the eve of Rosh Hashanah even at Shacharit. And it is a widespread custom not to fall on their faces during the entire month of Nisan, nor on Tisha B'Av, nor between Yom Kippur and Sukkot, nor from the beginning of Rosh Chodesh Sivan until after Shavuot. Thus far his words. And there are places where they do not fall after Shavuot for seven days, because its festival offering has a completion period of all seven days (Magen Avraham, subsection 18). And Pesach Sheni they did not count, and it is a wonder, and the custom of the Sephardim is not to fall on it. And some practice not to fall from after Sukkot until after Rosh Chodesh Marheshvan, because the majority of the days of the month were without nefilat apayim. And it is not the primary view. And know that on Lag BaOmer one must be very careful. And there was an incident with a certain great man who was accustomed every day to say "Nachem" in the prayer, and he said it also on Lag BaOmer and was punished (Magen Avraham, subsection 13 in the name of Kavanot). And know that from the words of our teachers, the authors of the Shulchan Aruch, it is clarified that at the Mincha preceding the fifteenth of Av, and the fifteenth of Shevat, and Lag BaOmer, and Purim—they do fall, for they wrote explicitly only regarding Rosh Chodesh and Chanukah. And our custom is not so, as is known.

They further wrote in section 4: It is the custom not to fall on one's face in the house of a mourner, nor in the house of a groom, nor in the beit knesset on the day of a circumcision when a groom is present. And this is specifically when the circumcision or the groom is in that same beit knesset. But if the circumcision is not in the beit knesset, even though it is in another beit knesset—one says tachanun. And on the day of a circumcision when tachanun is impossible, this is specifically during Shacharit when they circumcise the infant. But during Mincha, even though they pray near the circumcised infant, one says tachanun, which is not the case with a groom, as one does not say tachanun all day when praying near the groom. And he is not called a "groom" except on the day he enters the chuppah. Thus far his words.

There is one who says the reason regarding a mourner is because it is written: "And I will turn your festivals into mourning" (Beit Yosef). And I do not understand: for granted that we derive from here that the seven days of mourning are similar to a festival. But regarding this matter, how is it similar to a festival, and on the contrary, is it not the opposite of a festival? And it appears the reason is so as not to strengthen the attribute of justice in a house where justice is already stretched against it (and so wrote the Levush). Therefore, they shall not say any supplication there, nor the psalm "May the Lord answer you in the day of distress" (Magen Avraham subsection 10), nor "Ve-hu Rachum" on Monday and Thursday. And all this neither the mourners nor those praying there shall say all seven days of mourning. And those praying there, when they go from there to their home, shall say "Ve-hu Rachum" (Taz subsection 9). But nefilat apayim they shall not say in their home (ibid.), for this is only immediately after the prayer. And Hallel they shall not say in the house of a mourner (Magen Avraham ibid.). And there is one who says that on Chanukah they shall say it there because on Chanukah it is an obligation, whereas Rosh Chodesh is only a custom (ibid. in the name of the Tanya). And there is one who says that even on Chanukah they shall not say it (ibid. in the name of the Maharil). And the correct view is that the mourners shall not say it at all, and those praying there shall say it upon coming to their home (ibid.). And this is on Chanukah, and on Rosh Chodesh it is not necessary since it is only a custom. And the verse "And as for Me, this is My covenant" in "U-va Le-Tzion" they shall say in the house of a mourner (ibid.); even though on Tisha B'Av we do not say it – that is because all of Israel are forbidden to study. And selichot they may say in the house of a mourner, but not vidui and supplications (Machatzit HaShekel ibid.). And all this is when there is a mourner there. But those praying in a place where a person died and there is no mourner there shall say everything (ibid.). And so too a mourner when he sits in the beit knesset, all this does not apply, and he is nullified relative to the beit knesset as it is not applicable to call it a "house of a mourner" as is understood. And only he himself shall not say it. (And a house of a mourner, even if the deceased died in another place, nevertheless it appears that it is a "house of a mourner".)

And in the house of the groom they do not say tachanun, for one should not arouse the attribute of judgment during the time of his joy. And then, even when they return to their homes, they do not need to say "Ve-hu Rachum" (Taz, subsection 10). And so too regarding a milah, because they were exempt due to the joy. And it is not similar to the house of a mourner, where they are not inherently exempt, but rather because one should not arouse judgments there, as I have written. And regarding that which they wrote, that also when the groom or the milah is in the beit knesset everyone is exempt, one should not ask why it is not so regarding a mourner, as I have written. For it is not similar; for regarding a mourner the exemption is because of the deceased. And even though he died in another place, nevertheless, the house of the mourner's exemption is because of the matter of the deceased. And how does this pertain to the beit knesset? This is not the case with the groom and the milah, where the exemption is due to themselves, and therefore in every place that they are—behold they are there and the joy spreads to everyone (it appears to me).

And know that the primary joy of the chatan is during the seven days of feasting. And that which they wrote, that he is not called a "chatan" except on the day he enters the chuppah—their intention is not regarding the future, but regarding the past. That is to say: for ostensibly he is called a "chatan" from the time of his preparation for the chuppah, as we find in Ketubot (8a) that they would say "she-hasimcha bime'ono" from the time of the erusin or from when they cast the barley..., see there. And I would have said that also regarding the matter of tachanun it is so, since this is only optional. To this, it comes to teach us that it is only on the day of the chuppah alone and not before. (And the difficulty of the Taz at the end of subsection 10 is settled. And also what he wrote, that he should not come to the beit knesset, is rejected, see there. And be precise and you will find it easy.) And it is clear from their words that the entire day of the chuppah, even at Shacharit, they are exempt from tachanun. And regarding a milah at Mincha, they must say tachanun as I have written, and there is one who says that they do not need to say it (Magen Avraham subsection 11 and Bach in the name of the Rashal). And the correct view is that if the seudah is after Mincha, one should not say tachanun, and if the seudah was before Mincha, then it is correct to say it. And it seems to me that such is the custom. And furthermore, our custom is that even if the milah is not in the beit knesset, if only the father of the son or the mohel or the sandak prays in the beit knesset—they do not say tachanun. (And we have heard that there is a custom not to say tachanun in the entire city when there is a milah in the city. And this is brought in the Atteret Zekenim, see there.)

And know that the seven days of the groom are not calculated from hour to hour. And once the seven days of feasting have passed, even if the chuppah was toward evening, nevertheless, on the eighth day in the morning we say tachanun. And any place where we do not say tachanun on a weekday—we do not say "Av HaRachamim" and "Tzidkatkha Tzedek" on Shabbat. And if there was a groom on a fast day, or a milah on a fast day—they pray selichot, and say viduy and "Avinu Malkeinu." Only tachanun and also "VeHu Rachum" they do not say. (And the words of the Rema in section 5 have no understanding, as the Magen Avraham wrote in subsection 13. And see there in subsection 14 regarding the custom of legumes. And this custom is not known among us.)

Our teachers, the authors of the Shulchan Aruch, wrote at the end of this siman: An important person is not permitted to fall upon his face when he prays for the community, unless he is certain that he will be answered like Yehoshua bin Nun. Similarly, it is forbidden for any person to fall upon his face with the spreading out of hands and feet, even if there is no even maskit there. However, if he tilts slightly on his side—it is permitted if there is no even maskit there. And so shall they do when they fall upon their faces on Yom Kippur if they spread out herbs there in order to make a separation from the ground. And so they are accustomed. Thus far their words. And behold, that which they wrote "when he prays for the community," there is one who explained that this is specifically in the presence of the community (Taz, subsection 13), and as I wrote in section 4. But the wording does not imply this. And it seems to me that his intention is that only when he prays for the community even in his house—we are concerned for malicious talk when he is not answered. And in truth, there are those who thus explain the Yerushalmi that we brought there (Ra'avad at the end of the fifth chapter in the first explanation, see there). And that which they wrote that with the spreading out of hands and feet it is forbidden even without an even maskit, meaning even a floor that is not of stones—this is neither the method of the Rambam nor the method of the Rosh as we explained in section 4. And it is a lone opinion brought by the Rivash, as our teacher, the Beit Yosef, wrote in his great book. And he wondered at this, see there. And I wonder that our teacher, the Rema, was concerned for this. And that which they wrote "if they spread out herbs"—one must say "or they spread out" (Taz, subsection 15). And this is its explanation: that without herbs or another covering—one must tilt, and with herbs—he does not need to tilt. (And so wrote the Magen Avraham, subsection 22. And from his words it is clarified that on Rosh Hashanah during "Aleinu" there is no need for falling upon the ground on his face, see there. And the custom is to do as on Yom Kippur.)