Siman 623

Before the Ne'ilah prayer, one says "Ashrei," "Uva LeTziyon," and Kaddish. And those who say this before Minchah—they should say only "Ashrei," so that there will be something upon which to say Kaddish. And the matter of the Ne'ilah prayer: for on every complete public fast, one adds one prayer after Minchah, and it is called the "Ne'ilah" prayer, as is explained in the fourth chapter of Taanit (26b). However, we do not have a complete public fast in the Diaspora, as I wrote in the laws of fasts, and the Ne'ilah prayer remains for us only on Yom Kippur. And as the Rambam wrote in the first chapter of Tefillah, law 7, and this is his wording: And so they instituted a prayer after the Minchah prayer on a fast, close to the setting of the sun, in order to add supplication and request because of the fast. And this is what is called the "Ne'ilah prayer," meaning: the gates of heaven are locked before the sun, and it is hidden, because one only prays it close to the setting of the sun. It results that the prayers every day are three... and on Yom Kippur, five. Thus far his words.

And in the Yerushalmi, the fourth chapter of Berakhot (halakha 1), it is stated: From where do we derive Ne'ilah? Rabbi Levi said: "Even though you multiply prayer" – from here we learn that anyone who multiplies prayer is answered... and this is in a congregation... When is Ne'ilah? Rav said: At the locking of the gates of heaven. Rabbi Yochanan said: At the locking of the gates of the Heikhal. That is to say: the locking of the gates of heaven is at the beginning of the night, and the locking of the gates of the Heikhal is during the day, close to darkness. And the Yerushalmi brings a proof for Rabbi Yochanan, see there. And besides this, regarding Rav and Rabbi Yochanan – the halakha follows Rabbi Yochanan. And if so, why did the Rambam rule like Rav? And conversely, it is not understood: since he ruled "the locking of the gates of heaven," how did he rule "close to the setting of the sun"?

However, in the Yerushalmi there, it challenges Rava himself, for he would pray Ne'ilah when the sun was at the tops of the trees. And it answers that Rava would lengthen his prayer, and would finish it at the locking of the gates of heaven, see there. Behold, it is explicit that the conclusion must be at the beginning of the night. And since the Rambam wrote that one prays close to sunset, if so, even for us who do not lengthen the prayer – nevertheless, the conclusion will be at the beginning of the night. And that which he ruled like Rava against Rabbi Yochanan is because it is thus proven in our Shas that the Ne'ilah prayer concludes at night. Therefore, the Ne'ilah prayer exempts that of Ma'ariv, like Rava. And so the Rif ruled like Rava, as the Ran wrote at the end of Yoma. And even though in the Yerushalmi it did not rule like Rava in this, and also the Rosh at the end of Yoma ruled not like Rava, nevertheless, the Rif and the Rambam rule like Rava. However, the Rif wrote that nevertheless the custom is to pray Ma'ariv by itself, see there. But from the essential law, the halacha is like Rava.

However, the Rambam himself in the third chapter of Laws of Prayer, at the end of law 6, wrote, and this is his wording: And the Ne'ilah prayer – its time is such that he completes it close to the setting of the sun. Thus far his words. And according to this, it is clear that also in the first chapter his intention is regarding the end of the prayer, that it should be close to the setting. And if so, this is according to Rava, for it is the locking of the gates of the Heikhal, and how did he write "locking of the gates of heaven"? And it cannot be said that the Rambam holds that the locking of the gates of heaven is prior to the locking of the Heikhal (as occurred to the Taz in subsection 1), for it is explicitly explained in the Yerushalmi to the contrary, see there. Therefore, it appears that the Rambam holds that even close to the setting is called "locking of the gates of heaven," and "locking of the gates of the Heikhal" is much earlier. And this is also the opinion of our teacher, the Beit Yosef, in section 1, who wrote: The time of the Ne'ilah prayer – when the sun is at the tops of the trees, so that he completes it close to the setting of the sun. And the shaliach tzibbur must be brief in the selichot and verses in the middle of the prayer. And also, he should not draw out every single word in the Ne'ilah prayer, in the manner that he draws out in other prayers, so that he finishes before the setting of the sun. Thus far his words. (And the Magen Avraham in subsection 1 wrote that this is the end of the setting, the emergence of the stars, see there. And his words are puzzling, for he lengthily and precisely said before the setting. And if it is according to the words of the Magen Avraham, why did he not write according to the wording of the Tur? See there.)

And the Tur wrote: Its time is near sunset, when the sun is at the tops of the trees. And one must be careful not to delay praying it into the night, but rather near sunset, in a manner that they finish it with the emergence of the stars. Thus far his words, and this is exactly like Rav. But it is difficult, for the Rosh ruled like Rabbi Yochanan at the end of Yoma. Furthermore: that the sun at the tops of the trees is earlier than "near sunset." And there is clear proof for this, as the Yerushalmi says regarding Rav that because he would lengthen his prayer significantly – he would begin to pray when the sun was at the tops of the trees, and would finish at the beginning of the night. Understand from this that for all other people, one does not need so much time. And if so, regarding the Tur who wrote that they should finish it at the emergence of the stars – why do we need to begin when the sun is at the tops of the trees? And therefore it appears in my humble opinion that this is what he meant: Its time is near sunset, when the sun is at the tops of the trees, meaning: that he should begin when the sun is at the tops of the trees, and finish near sunset. However, in this one must be careful in any case, that they do not delay praying it into the night. And at the latest, they should begin near sunset, and finish it by the emergence of the stars. (And regarding the words of the Rosh, he would hold as the Bach wrote: that even though he brings the words of the Rambam who ruled like Rabbi Yochanan – nevertheless the Rosh ruled like the Rif, see there. And the words of the Magen Avraham and the Taz are astonishing. And the Taz asked: why did the Rema not bring the words of the Tur? See there. And the Rema did well, for the words of the Tur are not properly settled, as I have written. Examine closely and you will find it simple.)

And in truth among us, is it not that at the time of the congregation's silent prayer—the sun is always still upon the earth. And as for the fact that the emissary of the congregation extends the service until the night—there is no concern in this. On the contrary, it is better, so that the people do not hurry to pray Ma'ariv, for behold, the addition to Yom Kippur is from the Torah. Therefore, on the contrary: it is better not to finish before the night. And if it is because of the verse "the sun shall set and turn," which must be said before sunset (Magen Avraham), there is also no concern when one says it before the emergence of the stars (Eliyahu Rabbah).

In Ne'ilah we say "seal us" instead of "write us." And if it falls on Shabbat – one mentions Shabbat in it, since this day is obligated in Ne'ilah, it is consequently like all other prayers, and one must mention Shabbat. However, in the Vidui after the prayer – one does not mention Shabbat in it. This refers to the silent prayer, where they say the Vidui after the prayer. But the shaliach tzibbur who says it within the prayer – mentions Shabbat even in the Vidui. Yet if he did not mention Shabbat in the Vidui – we do not make him repeat it. However, in the main prayer, when he did not mention Shabbat – we make him repeat it, as in other prayers. And there are those who even in the silent prayer mention Shabbat in the Vidui, in "You have set man apart," and so it is printed in the siddurim and machzorim, and so we practice. And in Kedushah we say "Keter" or "Na'aritzcha" and "Adir Adireinu." And according to the law the Kohanim perform nesiat kapayim in Ne'ilah, but the custom in these lands is not to perform nesiat kapayim. And it is correct, because for the most part they finish at night, and there is no duchening at night. And we say "Avinu Malkeinu" even when it falls on Shabbat, and we say "seal us" instead of "write us."

And after the conclusion of the prayer, they say "Shema Yisrael" in a loud voice, and likewise "Baruch shem kevod malkhuto le'olam va'ed" three times, and seven times "Hashem hu ha'Elokim," to demonstrate that nature, which is subject to time—encompassed by seven days and seven planets—all is Hashem and His providence, may He be blessed. And if He were to remove His providence for even a moment, the world would return to tohu va-vohu. And this is to exclude the opinions of the heretics. And they blow tashrat, and among us they blow one tekiah. And it is a good sign, to herald to us that the Holy One, blessed be He, accepted our prayer. And they say "Next year in Jerusalem." And even if it is not actual night, but rather bein hashemashot, there is no concern regarding the blowing, for it is not melakhah (Tur, and Magen Avraham subsection 4). And there are those who blow after the full kaddish, and there are those who blow before, and such is the custom among us. And know that previously they were accustomed to spread dried grass on the floor of the beit knesset and the beit midrash. However, because it raises much dust and was harmful to health, they ceased from this. And particularly since we do not have stone floors, there is no concern in this.