סימן קכט - באיזה תפלות נושאים כפים ובו ב' סעיפים

Recording: Seifim 1–2

1. The raising of the hands is only at Shacharis, Musaf and Ne'ilah^[1], on a day that has Ne'ilah, such as Yom Kippur,

but not at Minchah^[2], because drunkenness is common at that hour, and the kohen may be drunk^[3].

They also decreed against it at Minchah of Yom Kippur and of other public fasts that have Ne'ilah, as stated in siman 579, even though there is no concern of drunkenness on them, as a decree because of Minchah of other days^[4],

for on a day with Ne'ilah Minchah is prayed while it is still full day, in order to begin Ne'ilah before sunset, and it can be confused with Minchah of other days, which people used to pray while it was still full day for the sake of those who wished to eat afterward, since it is forbidden to eat before the Minchah prayer, as stated in siman 232.

But on a fast that has no Ne'ilah, since the Minchah prayer is close to sunset, it resembles the Ne'ilah prayer and is not confused with Minchah of other days; therefore it has the raising of the hands^[5]:

2. A kohen who transgressed and went up to the duchan at Minchah of Yom Kippur: since it is known that there is no drunkenness there, he raises his hands, and he is not brought down, because of suspicion, so that people should not say he is disqualified and that is why he was brought down.

Therefore the custom in these lands is to say "Our G‑d and G‑d of our fathers, bless us," etc.^[6] at Minchah of Yom Kippur, even though it is said only at a time fit for the raising of the hands;

nevertheless, since if he went up he does not come down but raises his hands, it is called somewhat fit for the raising of the hands:

1. Ne'ilah: The Chabad custom is otherwise: there is no raising of the hands at Ne'ilah, as printed: "ואין נ"כ" ("and no Birkas Kohanim") (Hayom Yom, 10 Tishrei). The Rebbe writes that he heard an explicit, clear directive on this from the Previous Rebbe (Igros Kodesh vol. 18, letter 6572). For the details, and his directive to Anash in Eretz Yisrael, see siman 128, note 4.

2. But not at Minchah: This is the view of R. Yose: "Ne'ilah has the raising of the hands; Minchah does not." R. Meir says all of them have it, and R. Yehudah: "Minchah and Ne'ilah do not." Rav Nachman ruled: "The halachah follows R. Yose" (Taanis 26b).

3. May be drunk: Rashi explains: he has already eaten, and at times his meal runs long and he becomes drunk; and a kohen who has drunk wine may not raise his hands (Taanis 26b). See siman 128, seif 1.

4. A decree because of Minchah of other days: On this day there is no concern of drunkenness itself; the decree is so that it not be confused with Minchah of every day. As Rashi puts it in that dispute: "a fast day because of other days" (Taanis 26b).

5. Therefore it has the raising of the hands: "Why then do the kohanim nowadays spread their hands at Minchah of a fast? Since they spread them close to sunset, it is like the Ne'ilah prayer." Rashi: such a Minchah does not occur every day (Taanis 26b). In these lands the hands are raised only on Yom Tov; see siman 128, note 1.

6. Our G‑d and G‑d of our fathers: The request "Our G‑d and G‑d of our fathers, bless us with the threefold blessing," said by the shaliach tzibbur in the repetition before "Sim Shalom."