Siman 69

We learned in a Mishnah in Megillah (23b): One does not perform the perisah over Shema, and one does not pass before the ark with fewer than ten. According to the explanation of Rashi as explained by the Ran, this is its explanation: For example, if there were ten people here who each prayed individually by themselves, and they did not hear Kaddish or Kedushah—one of them stands and says Kaddish, and Barechu, and the first berakhah of Yotzer. And this is the meaning of the language "porsin," like "perisah" [a slice], meaning: half of the berakhot. And if you say: why do they need this berakhah, for they have already said this individually? One can say: either because of the Kedushah of Yotzer, if we say that one does not say it individually as some hold, as I wrote in siman 59. Or since the sheliach tzibbur says to them "Barechu"—they are forced to recite some berakhah. For if not, they appear like heretics, Heaven forbid, in that he tells them to bless and they do not bless; therefore they bless "Yotzer Or" (Beit Yosef). And it is not understood: for they answered "Blessed is the Blessed One forever and ever," so how does "like heretics" apply? Behold, so it is also regarding the reading of the Torah (the Rema in Darkhei Moshe).

This is what our teacher, the Beit Yosef, wrote in section 1: If there are people who prayed... individually... – one of them stands and says kaddish, and "Barchu," and the first blessing... Thus far his words. Our teacher, the Rema, wrote regarding this: And now it is not the custom to say the entire blessing of "Yotzer Or." Rather, they say kaddish and "Barchu," and they answer after him "Baruch...". Thus far his words, and this is for the reason we have explained. And know that before kaddish they must say some psalm, for it has already been explained in siman 56 that one does not say kaddish if they did not say anything beforehand.

And that which we learned in the Mishnah: "and they do not pass before the ark" – this also refers to this matter. For those who prayed individually, and say Kaddish, and "Barchu," and "Yotzer," one of them stands and says Avot and Gevurot and Kedushah and "Atah Kadosh." And why do they do this? In order to say Kedushah, which they have not yet heard because they prayed individually. And this is what our teacher, the Beit Yosef, wrote: After they have finished the blessing of "Yotzer Or," he says Avot and Gevurot and Kedushah and "Atah Kadosh," and this is called "passing before the ark." Thus far his words. And this person who performs the Kedushah completes the entire Shemoneh Esrei, as our teacher, the Rema, wrote there, and this is his wording: One who passes before the ark and said the first three blessings – he shall complete the entire prayer and shall not stop, even though he has already prayed. But the others may stop afterward. And all the more so if the one who performs the Poras has not prayed. And the one who passes before the ark first shall complete it, even though he will need to recite Shema afterward, and he will not join redemption to prayer. Thus far his words. That is to say: even though he has not yet prayed – he shall perform Poras Al Shema and pray Shemoneh Esrei, and afterward he shall say "Ahavah Rabbah" and Shema, and "Ezrat" until "Ga'al Yisrael." And the matter is puzzling: why should he do this? Let him pray in order, and they shall wait until he reaches Shemoneh Esrei, and he will pray aloud and they will say Kedushah (and so wrote the Magen Avraham, subsection 6).

And one should not ask according to this interpretation why the Mishnah divided them into two clauses: "one does not perform pores al shema" and "one does not descend before the ark"? For is it not one matter: that he descends before the ark, and performs pores al shema, and says the first three blessings with the Kedushah. However, in truth, the Yerushalmi asked this, and answered that it comes to teach us that they are two separate matters, regarding the law if they began with ten and some of them left, that they complete that matter, as this law has been explained in siman 55. And therefore it divided them into two, to teach us that if they began with ten for the pores al shema, and some of them left—they finish the pores even without ten. But they do not say Kedushah, for it is a different matter.

And behold, even though the Tur and the Shulchan Aruch cited this interpretation as halacha, nevertheless, the custom was never such. And there are some among the great authorities who complained about this, that since they already prayed in private, the obligation of kaddish and kedushah has departed from them, just as with the obligation of zimun in Birkat HaMazon when each person recited Birkat HaMazon by himself (Radbaz, part one, siman 241). And I do not see any similarity between them: for there, zimun does not exist without Birkat HaMazon, and therefore without Birkat HaMazon there is no zimun. This is not the case with kaddish and "Barchu," which exist even without prayer, such as with the blessings of the Torah. And also regarding kedushah, if one hears several kedushot—he is obligated to respond. If so, why should they not do so? And in truth, even now they do so to some extent, namely that in several places, before the repetition of the shliach tzibbur, one person stands and says kaddish and "Barchu," and this is for the sake of those who arrive after "Barchu" (and as the Taz wrote in subsection 1). And on Monday and Thursday there is no need to do so, for they will hear "Barchu" during the reading of the Torah, and they will also hear many more kaddishim. But to perform kedushah when everyone has prayed—it is not the custom in our days. And I say the reason: not because the obligation has already departed from them, but because the Rambam and the Geonim interpret this Mishnah in a completely different way, as will be explained. And according to their interpretation, this law was not taught in the Mishnah at all; therefore, they did not practice so (so it appears according to my humble opinion).

The Ran wrote that the Geonim interpreted this Mishnah in a completely different manner, and "porsin" is not an expression of "slice" but rather an expression of "beginning." And this is its explanation: One does not begin the blessings of the recitation of Shema, such that one recites the blessing and others fulfill their obligation through his blessing, except with ten. This is not the case with other blessings, such as Kiddush and Havdalah and the like, where an individual says it and his fellow individual hears it and fulfills his obligation, for "one who hears is like one who responds." But here one specifically requires ten, whether for the recitation of Shema and its blessings or for the prayer. And the Ran raised a difficulty against them, for at the end of Rosh Hashanah we say that one only fulfills the obligation for one who is not proficient. But for one who is proficient—one does not fulfill the obligation even with ten, see there. However, this is not a difficulty, for the Geonim hold as our teacher, the Rema, wrote at the end of siman 59, that this is only regarding the prayer and not regarding the recitation of Shema and its blessings. And we have already explained this there.

And it appears clearly that the Rambam as well, in chapter eight of Laws of Prayer, law 4 and law 5, followed the approach of the Geonim. This is his wording: And how is the communal prayer? One shall pray aloud and everyone listens. And this is not done with fewer than ten adult freemen, and the shaliach tzibbur is one of them. And even if some of them had already prayed and fulfilled their obligation—they complete the ten for them, provided that the majority have not prayed… And likewise, one shall not recite the blessings of Shema with everyone listening and answering "Amen" after him, except with ten. And this is what is called "Pores al Shema." Thus far his words. Behold, this is clearly according to the explanation of the Geonim. (And the Ra'avad there in his gloss follows the approach of Rashi, see there.)

And behold, regarding that which he wrote that we require a majority who have not prayed, there are various opinions on this. As the Tur wrote, our teacher Tam holds that seven who have not heard are required, and the students of Rashi wrote in his name that even for the sake of one who has not heard—it is permitted, see there. And this is the opinion of our teacher, the Beit Yosef, who wrote: And one must seek out six who have not heard, which is the majority of the ten. And if they are not found, even for the sake of one who has not heard, they recite it. And even one who has heard may perform pores al shema and pass before the ark for the sake of that one who has not heard. Nevertheless, if that one who has not heard is proficient to perform pores al shema and pass before the ark—it is better that he perform it and pass before the ark himself, than that another who has already heard perform it and pass before the ark. Thus far his words.

And behold, our custom now is that one who comes to the beit knesset after the prayer, when he reaches "Yotzer Or," if he wishes, he says Kaddish and "Barchu," and everyone responds "Baruch..." and no more. And afterward, when he reaches the Shemoneh Esreh, he says Avot and Gevurot aloud, and says Kedushah, and everyone responds after him "Kadosh" and "Baruch" and "Yimloch." And afterward he says "Atah Kadosh" and everyone responds "Amen," and afterward he prays the entire prayer in a whisper. And this custom is well-settled according to all opinions. For even according to those who require specifically a majority who have not heard, this is when he also says the blessing of "Yotzer Or." And in the Shemoneh Esreh, he completes the Shemoneh Esreh even when he has already prayed, as I have written. But Kaddish and "Barchu" alone, and likewise the Kedushah—it is permitted according to all opinions for this one who is praying now. And it appears to me that regarding this one who says Kedushah as I have written—he should not say "Ledor Vador Nagid Godlecha" according to the custom of Ashkenaz, for this was only instituted for the shaliach tzibbur and not for an individual. Rather, he should say "Atah Kadosh" (so it appears clear to me).

It is a simple matter that one who was in the beit kenesset at the time of Barchu and Kedusha, even though they have not yet prayed or are standing in Pesukei D'Zimra, nevertheless, one does not perform Porasin Al Shema for them. There are places where they accustomed that, in any event, upon their reaching Barchu, they perform Porasin Al Shema for them, or he himself says Kaddish and Barchu upon his reaching Yotzer Or, but this is not a proper custom, and in our days we have not heard of this custom. (This is the elaboration of the Magen Avraham in the name of the Rama MiPano, and what he wrote in the name of the Beit Yosef and the Darchei Moshe has already been explained; see there and examine closely and you will find it simple.)

Our teacher, the Rema, wrote: There are those who say that one performs the pores al shema for the Kriat Shema of Arvit just as in Shacharit. But the custom is not so, because there is no Kaddish in Arvit as there is in Shacharit. Thus far his words. That is to say: that in Arvit there is only "Barchu." And they were not concerned with "Barchu" alone to perform the pores al shema because of this. However, it seems to me that this is according to the method of performing the pores to also recite the first blessing. But to perform "Barchu" alone they are able even in Arvit, and why should Arvit be inferior to Shacharit? And such is the simple custom: that one who has not yet prayed Arvit, and there are ten who have already prayed—he stands and says "Barchu," and everyone responds "Baruch...". And according to the custom of the Sephardim who also say Kaddish in Arvit before "Barchu," and say verses beforehand—they should not say the Kaddish unless there are ten who will say the verses with him. And this matter we explained above in siman 55, section 9, see there. (And the Magen Avraham, subsection 4, requires ten at the time of the study. And there we explained that it specifically requires ten who study. And it is not similar to the pores al shema of Shacharit who says Kaddish, for there the enactment of the sages was such. Examine and you will find it simple.)

He further wrote that it is forbidden to interrupt with these matters between Geulah and Tefillah, or during Kiryat Shema and its blessings. Therefore, it is forbidden for the shaliach tzibbur to interrupt between Kiryat Shema and Tefillah, or during Kiryat Shema and its blessings, in order to perform "pores al Shema" for those who arrived in the beit din after the congregation prayed Kaddish and "Barchu" and he had begun the blessing of "Yotzer Or." However, in the evening blessing, which is voluntary—he may interrupt to fulfill the obligation of others. Thus far his words. And this is all according to their approach regarding "pores al Shema." But according to our custom, this is not relevant at all, as is understood.

He further wrote: Nevertheless, another man may perform the perisah of Shema or pray the entire prayer with a minyan, even in the same synagogue where they have already prayed, to fulfill the obligation of others. Only that the second chazzan should not stand in the place where the first stood, for this appears as a slight to the first ones, as it is as if the first ones did not fulfill their obligation. And it seems to me specifically when the first ones are still in the synagogue but have completed their order, but if the first ones left—the chazzan may stand even in the place where the first stood. Thus far his words. The explanation of the matter is that because there are those who wished to say in the interpretation of the Mishnah that "one does not perform the perisah of Shema," that this is its interpretation: that when even ten people come who have not yet prayed—they perform the perisah of Shema alone and not the entire prayer. And also from the language of Rashi it seemingly implies so, see there. To this he says that it is not so, for when there is a minyan why should they not pray the entire prayer like the first ones, and only that the chazzan should not stand in the place of the first? And in our countries we are not meticulous about this, and even when several minyanim pray one after another, the chazzan from all the minyanim stands in one place before the amud. And among us the concern that they will say the first ones did not fulfill their obligation is not relevant, because it is known that many minyanim pray, these early and those late. And since the custom is so, it follows that there is no slight here and there is no reason to doubt this concern at all.

And know that there is one who wrote that if the first ones took out a sefer Torah and read from it – the second ones are not to take out a sefer Torah another time and read from it. Thus far his words (Magen Avraham in the name of Mishpetei Shmuel). And there is no understanding of this. And there is one who explained that his intention is perhaps they will say that it is a different sefer Torah, and in the first one there was a defect (Pri Megadim). And these are wondering matters to decree new decrees. And perhaps this "time" is a mistake, and it should say "another sefer Torah" so as not to cast a slur on the first. And it appears more likely in my humble opinion that this is its explanation: for behold, "Barchu" and Kedushah are said even for the sake of six who did not hear, and even for the sake of an individual as has been explained. But regarding the reading of the Torah, it appears clear to me that whenever there are not ten who did not hear the reading of the Torah – one is not to read from the Torah. And specifically matters of prayer, which every individual is obligated in as such – therefore they perform "Barchu" and Kedushah for his sake, as this is of the matters of prayer. But the reading of the Torah, the primary obligation is only with ten. And according to this, this is its explanation: that if the first ones took out a sefer Torah and read from it, meaning: and the second ones were present at the time of the act but had not yet prayed. And therefore the second ones are not to take out a sefer Torah another time when they pray since they heard the reading of the Torah, and its obligation is not specifically after the prayer. And so it appears to me to rule as a practical halachic ruling even if there are some who did not hear, until there are ten who did not hear.

A blind person, even if he has never seen the luminaries in his life, performs the perisah of the Shema and recites the blessing "Who creates the luminaries," because even though he does not see, he nevertheless benefits from the luminaries through others who see, and who show him the way in which he should walk. And a minor shall not perform the perisah of the Shema (Pri Chadash).