3260 —אמירת קדיש כאשר אין אבל נוכח

B"H, 9 Shevat, 5715.

Brooklyn.

Haraha"ch vavac"h iy"a nu"n etc. Shneor Zalman HaLevi

Shalom u'Vrachah!

In response to your question regarding the Kaddishes after Kaddish Tiskabel: when there is no mourner (chiyuv) in the synagogue, should someone else say them or not? I have already told you my opinion—that they should be said—and I am writing here to explain my reasoning and rationale, since I have not heard a direct ruling on this matter.

By way of introduction: Regarding Kaddishes in general—there is logic both to be particular to say them and to refrain from saying them. The reasons are: A) It is known that one should not increase the number of Kaddishes beyond what was instituted by the early authorities, as brought in Shaar HaKolel ch. 11 sec. 29 in the name of Knesses HaGedolah and Shut Devar Shmuel. B) These aforementioned Kaddishes—those after Shir Shel Yom, Kaveh, and especially after Aleinu—are only a custom (see Shulchan Aruch HaRav sec. 155 and its commentaries). C) Additionally, there is also the reason of avoiding burdening the congregation, and on weekdays—the reason of preventing loss of work (see Berachos 31a regarding Rabbi Akiva when he prayed with the congregation etc., and Megillah 22b). Even without all this, it must be clarified if there is any purpose in saying Kaddish aside from the obligation due to mourning or finishing learning Aggadah and similar cases.

Now, regarding this clarification: A) It has already been ruled in Shulchan Aruch Orach Chaim sec. 132:2 in the gloss that even where there is no orphan (mourner), they say these Kaddishes for all departed souls; rather, it should be said by someone who does not have living parents or when the parents do not object. Similarly in Rema Yoreh Deah sec. 376:4. B) Where there is no clear ruling in Nigleh (revealed Torah), we rely on what is found in Kabbalah (see Shaarei Teshuvah Orach Chaim sec. 65 subsec. 14). According to what is explained in Pri Etz Chaim Shaar HaKaddishim and elsewhere—in Shaar HaKavanos, Siddur HaAriZal, etc.—the recitation of these Kaddishes bridges between spiritual worlds; therefore they are said between Tefillah L'David and Kaveh, and between Kaveh and Aleinu—see there. Also see Likkutei Torah Masei (92b), Sichas 12 Tammuz 5707 (sections 14-18) from my father-in-law the Rebbe zatzal nbg"m zy"a. And although for the Kaddish after Aleinu this reason does not apply—as explained in Pri Etz Chaim etc.—there another reason is brought which applies even when there is no mourner present. And similar to Rema's ruling—for all departed souls.

C) Especially since saying Kaddish has significance on its own—as evident from what is explained (Rabbi Chaim Vital's Shaar HaKedushah ch. 17 s.v. bifrat and introduction to Eitz Chaim s.v. va'aseh tov) interpreting "tzadik": tzadi = ninety amens, dalet = four Kedushahs, yud = ten Kaddishes, kuf = one hundred blessings (brought by later authorities and in Shulchan Aruch HaRav beginning of sec. 55). Note there that he begins by stating that the minimum number of prayer-order Kaddishes is seven and concludes based on this that every person should ensure not to answer fewer than ten Kaddishes daily; it would be forced to say he warns people to attend multiple minyanim just for this number—rather it refers also to those Kaddishes said by custom or after learning Aggadah.

D) This does not constitute an unnecessary Kaddish since Minhag Yisrael Torah Hi—the custom of Israel is Torah—and they are said with a specific intention.

E) The reasons of burdening the congregation or loss of work do not apply here—since if there were mourners present these same Kaddishes would be said; thus it becomes part of communal prayer order and duration—accepted willingly.

F) One cannot object based on my father-in-law's letter (printed in Kuntras Samach Ches), where he writes to be careful about saying Derabanan's Kaddish after Beraisa d'Rabbi Yishmael but does not warn about those after Shir Shel Yom etc.—it can simply be explained that those particular synagogues had abolished those other post-prayer Kaddishes as written there; but did not abolish these other ones.

G) Regarding the post-Tehillim Kaddish my father-in-law distinguishes: if there is a mourner present it should be said after each book; if not—only once after all Tehillim (as printed in Siddur Torah Or—5701 edition). But this cannot be compared to our case because saying a separate Kaddish between books of Tehillim is itself an innovation. As known our custom regarding Barchei Nafshi and L'David Hashem Ori after Shir Shel Yom—we say only one Kaddish after all psalms so as not to increase unnecessary recitations between individual psalms (see Shaar HaKolel ch.11 sec.29 above); this innovation suffices when there is a mourner present.

Note: In accordance with our above custom it seems that if one says a separate Kaddish between books of Tehillim—they should first recite Yehi Ratzon following each book (at least whoever says the subsequent Kaddish), since its purpose marks completion of psalm recitation for which a subsequent Kaddish follows; then starting a new book constitutes something new—similar to Birkat Hamazon when dividing a meal into two parts (see Shulchan Aruch HaRav sec.291 end subsec.G).

The conclusion from all above: In my opinion all customary communal prayer-order Kaddishes should be recited even when no mourner is present—including those after Shir Shel Yom, Kaveh, Aleinu—and even post-Tehillim following morning prayers as established; as written by Levush sec.132 that one must always say a post-pasukim (verse) recitation-Kaddish.

With blessing,
M. Schneersohn

P.S.: Seemingly further analysis is needed according to Pri Etz Chaim etc., which states these intermediary-Kaddishes bridge spiritual worlds—why then are those before Shir Shel Yom obligatory while those afterwards are only custom? The reason may be based on what’s explained (Pri Etz Chaim Shaar Kerias HaTorah ch.3 etc.) that up until Amidah prayer—all four worlds Asiyah-Yetzirah-Beriah-Atzilus are involved; each stands at its level with each intermediary-Kaddish serving as a pillar elevating from one world upward; but for those four worlds post-Uva Letzion up until Aleinu—all are within Atzilus itself (until Aleinu), though subdivided within Atzilus—which explains why these later ones are less essential yet still have their place; thus they remain custom rather than obligation—but this requires further study.

I just found cited from Shut Zikaron Yehudah Orach Chaim sec.73 that Baal HaMechaber Kesav Sofer would himself say these post-Aleinu etc., kaddishes if no one else did—and presumably saw his father Chasam Sofer do likewise; see also Sdei Chemed vol Asifat Dinim topic Aveilus subsec.163.

Summary

The Rebbe explains at length why all customary communal prayer-order kaddishes—including those after Shir Shel Yom, Aleinu, or Tehillim—should be recited even when no mourner is present, based on halachic sources and kabbalistic intent; such customs hold value as part of Jewish communal practice.