Siman 566

On a public fast, the shaliach tzibbur recites "Anenu" as a blessing in its own right between "Goel Yisrael" and "Refaenu." They based this on a verse, as it is written: "May the words... my Rock and my Redeemer be acceptable," and adjacent to it is written "May the Lord answer you in the day of trouble." Since "Goel Yisrael" is mentioned, we request "Anenu... for we are in great trouble," and he concludes: "Blessed are You, Hashem, Who answers His people Israel in a time of trouble." This is the version in the Tur and Shulchan Aruch. However, the Rambam in the second chapter of Laws of Prayer wrote: "Who answers in a time of trouble." It appears that the version of the Tur and Shulchan Aruch is more clarified, for even in "Re'eh ve-onyenu" and in "Refaenu" we mention "Goel Yisrael" and "Healer of the sick of His people Israel." Why then should they not say here "Who answers His people Israel"? And so it is proper to correct in the siddurim. If he forgot to say "Anenu," it has been explained above in siman 119, see there.

And we read in the Torah "Vayechal Moshe" until "unto His people." And the Levi and the Yisrael from "Hew for yourself" until after "Behold, I make a covenant." And even though at the end of Megillah (31a) it was taught in the Mishnah: On fast days, blessings and curses, the Rambam has already written in chapter thirteen of Tefillah, halacha 18, that this refers to fasts that the community decrees for troubles that occur and come, such as drought and pestilence and the like, where they warn them to repent. And therefore they read blessings and curses, meaning: that all troubles are due to our evil deeds, as it is written in the Torah: "If you walk in My statutes…". But the fasts that are for the past, and most of them are for the destruction of the Beit HaMikdash – we read "Vayechal," see there. And this is according to Masechet Soferim chapter seventeen, halacha 7, see there. And the reading hints that just as Hashem atoned for the act of the Calf, and gave us the second Tablets – so we hope that He will build for us the Beit HaMikdash speedily in our days. Amen.

And we read "Vayechal" both in Shacharit and in Mincha. And even if it falls on a Monday or Thursday—we push aside the weekly portion. And the congregation is accustomed that when the reader reaches "Shuv mecharon apecha," they cry out: "Shuv...!", as this is in the nature of a request that the Holy One, Blessed be He, turn from His burning anger. And the reader returns and reads "Shuv...", for we have said it by heart and without cantillation marks. And so too when the reader reaches "Vaya'avor"—the congregation cries out "Hashem, Hashem...", in order to mention the thirteen attributes. And the reader returns and reads. And so too when he reaches "Vesalachta la'avonenu"—likewise so, because this is also a request and supplication, that He forgive our iniquity. And we read the haftarah in Mincha and not in Shacharit. And we read the haftarah "Dirshu" until "lenikbatzav." And the called ones are equal in Mincha and Shacharit, except that in Mincha the third is the maftir. And it appears to me the reason is because on a public fast we confess at the end of the day, as it is brought in Ta'anit (12b), and as Ezra and Nehemiah did as is written in Nehemiah (Nehemiah 9). And therefore we read "Seek Hashem where He is found," to instruct to do teshuvah. And on Tisha B'Av we read also in Shacharit: "Ki tolid banim." And even a public fast that falls on the eve of Shabbat—we read also in Mincha. And our teacher, the Rema, wrote in section 1 that if they fast on Rosh Chodesh—they read in Shacharit for Rosh Chodesh and in Mincha for the fast. Thus far his words. And this was when they would fast in the days of the decrees, and this is not common among us.

When the community decrees a fast for any trouble that may come upon them, and likewise on the fasts of Monday, Thursday, and Monday after Pesach and Sukkot that are customarily fasted, the early authorities practiced that the shaliach tzibbur says "Anenu" between "Goel" and "Rofeh," and they read "Vayechal." Our teacher, the Rema, wrote in section 2: However, if they established the fast on a Monday or Thursday—they do not displace the weekly portions in Shacharit. Rather, they read the weekly portion in Shacharit, and in the evening they read the portion "Vayechal." Except for the Monday, Thursday, and Monday after Pesach and Sukkot, when they read "Vayechal" even in Shacharit. Thus far his words. And now, even on Monday, Thursday, and Monday, they only read the weekly portion in Shacharit, because in our days the number of those who fast has diminished.

And behold, in truth, one must wonder at our custom. For behold, the Rosh at the end of the first chapter brought that the early authorities wondered why we read "Vayechal" when they decree a fast due to some decree. For in the Tosefta, chapter two, it is taught that on a private fast one does not read. And in the Gemara it says regarding rain that even a city as large as Nineveh is considered like individuals (14b). And all the more so are they considered like individuals regarding "Anenu" to establish a blessing in its own right, and for the reading of "Vayechal." And so too regarding the fasts of Monday, Thursday, and Monday, the Ra'avad wrote: since there are those who fast and there are those who do not fast—it is obvious that they are considered like individuals. And the Rosh wrote that in Ashkenaz everyone fasts Monday, Thursday, and Monday, and if so, it is properly a public fast, see there. And if so, in this time of ours, when the vast majority do not fast, and only a tiny minority fast—how does the shaliach tzibbur pray "Anenu," and how do we read "Vayechal"?

However, the Rosh wrote there another reason, and the Tur brought it: that one cannot learn from Nineveh, for that is regarding the blessing for rain which is a fixed version from the Men of the Great Assembly—individuals do not have the power to change the version, and to request rain at a time when the whole world does not need it. For so it is stated in the Yerushalmi, that the reason is because of the change to the version of the prayer. But regarding the matter of a fast—any community for itself can establish a communal fast, and say "Anenu" and read "Vayechal," see there. And according to this, it works out well regarding Monday, Thursday, and Monday, for since there are ten who fast—they are like a community, and likewise on the eve of Rosh Chodesh. And likewise what the members of the Chevra Kadisha in our lands have practiced, to fast on the fifteenth of Kislev, and to say "Anenu," and to read "Vayechal"—is also fine for this reason. And likewise in any fixed fast that the community decrees. And during the Ten Days of Repentance, when the sheliach tzibbur does not say "Anenu" and they do not read "Vayechal" because the fasts are for repentance, and each person's heart is broken within him and he fasts for himself—it is not considered a community (Beit Yosef in the name of Mordechai Yashan, see there). And also in this there are those who say "Anenu" and read "Vayechal" (ibid.), but most have not practiced so for the reason that has been explained (and all this is included in the Shulchan Aruch section 2).

Our teacher, the Beit Yosef, wrote in section 3: The shaliach tzibbur does not say "Anenu" as a blessing in its own right unless there are ten in the beit din who are fasting. And even if there are ten in the city who are fasting, since there are not ten in the beit knesset who are fasting – he does not. Thus far his words. And it seems clear that this is only regarding public fasts that are not established for all of Israel, such as Monday, Thursday, and Monday, and the eve of Rosh Chodesh. But regarding the four established fasts, and likewise regarding Ta'anit Esther which is established for all of Israel – behold, it is a day that is obligated in "Anenu" and in the reading of the Torah. And they read even though there are not ten fasting in the beit knesset and in the city, and it is sufficient with a few fasters, and they shall ascend for the Torah reading and pray "Anenu." But when there are no fasters at all – it seems that they should not read "Vayechal" nor say "Anenu." (So it seems in my humble opinion, and so I saw one of the great ones who ruled thus. And examine carefully and you will find it easy.) (And afterwards I saw in the Sha'arei Teshuva that he required seven fasters, and it requires further study.)

There are those who say the selichot within the blessing of "Forgive us" before the conclusion. And after the confession where they say "we have acted wickedly and transgressed" until "the Merciful One and the forgiveness," they conclude the blessing "Gracious One Who forgives abundantly, and Compassionate God answer us." And "He Who answered" is said after the prayer, as it does not pertain to the forgiveness of iniquity. And if he forgot and concluded "Gracious One Who forgives abundantly" – they shall not say the selichot until after the prayer. And there are places where ab initio they do not say the selichot until after the prayer, and this is the custom of Eretz Yisrael. And it is correct, so as not to make a large interruption in the middle of the prayer. And so is now the custom in all our countries, and only in the synagogue do they say it in "Forgive us," and after the prayer they say "Our Father, our King."

The Tur wrote in the name of Rav Natronai Gaon: The custom of the two academies on a public fast: in the morning service they say seven selichot. And in the mincha service three, and if there is time one says five. Thus far his words. And now we do not say selichot in mincha, only "Avinu Malkeinu." And also in the morning service we do not say seven selichot, but rather two selichot and a pizmon; and also "El na refa na...", and afterward "Zechor lanu berit avot," and "Shema koleinu," and vidui, and "El rachum," and "Aneinu," and "Mi she-ana," and "Avinu Malkeinu."

The Tur further wrote, and this is his wording: Rav Natan wrote: A shaliach tzibbur who is not fasting—he cannot pray, for since he is not fasting he cannot say "Anenu." And I do not know why, for he does not say "on the day of my fast" but rather "on this fast day," and it is a fast for others. And certainly if it is possible for there to be a shaliach tzibbur who is fasting—he is better than another, but if it is impossible it seems to me that he can pray. Thus far his words. Our teacher, the Beit Yosef, in section 5 wrote concisely, and this is his wording: On a taanit tzibbur, a shaliach tzibbur who is not fasting—shall not pray. Thus far his words. And it implies that even if there is no other—he shall not pray, like the words of Rav Natan. And so he decided in his great book, see there. And there is one who wrote that if there is no other shaliach tzibbur—it is better that one who is not fasting should pray, than that they should be nullified from hearing Kaddish and "Barchu" (Magen Avraham subsection 7). And I say that the intention of our teacher, the Beit Yosef, was not that he should not descend before the teivah at all, but only that he should not say "Anenu." And it seems to me that on the fixed days of taanit tzibbur—one should certainly act according to the Tur, and he can also say "the fast of our fasting" since it is inclusive of all Israel.

Our teacher, the Beit Yosef, wrote in section 6: There is one who says that no one should stand to read from the Torah who has not fasted. And if the kohen is not fasting—he should leave the beit knesset, and an Israelite who is fasting stands to read from the Torah. Thus far his words. And if they called the kohen by mistake, and he ascended and recited the blessing—it is necessary to call the Levi after him, even if he is not fasting (the Gaon Rabbi Akiva Eiger). And if it is a day that is obligated in the reading of the Torah, such as Monday and Thursday, even though they read "Vayechal"—nevertheless, even one who is not fasting may ascend (Magen Avraham, subsection 8). And if they called someone who is not fasting, he may say "I am not fasting" and not go. And it appears to me that all this applies to public fasts that are not fixed. But on the fixed ones, even one who is not fasting may ascend, since this day is obligated in the reading of the Torah.

On a public fast, two shall stand next to the emissary of the congregation when he says selichot, one on this side and one on that side, so that they say it with him as with Moshe, for "Aharon and Chur supported his hands." However, the custom is not so. And it can be said that this is only on a complete public fast, where they cease from while it is still day and observe all the stringencies of a public fast. And there is no public fast in the diaspora. And know that every public fast – there is nesiat kapayim during mincha, except on Yom Kippur because of neilah, as it is stated at the beginning of the fourth chapter of Taanit. However, among us there is no nesiat kapayim except on Yom Tov, as is known.