Halacha According to the Sephardic Practice: Aseret Yemei Teshuvah

Tzom Gedaliah

1. The fast of Tzom Gedaliah is observed on the day after Rosh Hashanah, the third of Tishrei.[1]
2. One should refrain from fasting on Tzom Gedaliah if it will make him too weak to fast on Yom Kippur.[2]
3. Regarding reading and hearing the haftarah and other halachot of fasting, see “Halachot of Fast Days” above.
4. It is especially praiseworthy to give tzedakah on Tzom Gedaliah.[3]

Aseret Yemei Teshuvah

Atoning for the entire year

5. The days between Rosh Hashanah and Yom Kippur are auspicious for repentance. Many sefarim state that each day of the week between Rosh Hashanah and Yom Kippur has the ability to atone for the same day of every week of the previous year. For example, one who repents on Sunday of Aseret Yemei Teshuvah may atone for all of the sins he committed on each Sunday of the previous year, and so on.[4]

Sleeping

6. There is an opinion that holds that just as one should refrain from sleeping during the daytime on Rosh Hashanah, it is praiseworthy to refrain from sleeping during the daytime in the Aseret Yemei Teshuvah.[5]

Getting married

7. Even though it praiseworthy to schedule one’s wedding before Aseret Yemei Teshuvah, it is nevertheless permissible to get married during this time, and the wedding should not be deferred to after Yom Kippur, especially if one is over the age of twenty.[6]

Shabbat Shuvah

8. On Shabbat Shuvah, one should be careful with the halachot of Shabbat, especially with halachot that are not as well known, such as amirah le’akkum.[7]
9. It is customary that the rabbi of the community gives a speech about the importance of repenting and brings attention to what needs improvement in the community.[8]

Stringencies

10. Those who are generally lenient regarding pat akkum should try to be stringent during Aseret Yemei Teshuvah. This is also true regarding other halachot that one may sometimes be lax in, such as inspecting food for bugs and the like.[9]
11. It is praiseworthy to observe a taanit dibbur for at least part of the day during Aseret Yemei Teshuvah, especially while one is learning.[10]

Doing Teshuvah

13. There are four steps of teshuvah:[11]
    1. Leaving the sin.
    2. Regret.
    3. Confession before G-d.
    4. Acceptance for the future.
14. Even though good deeds and teshuvah can atone for one’s sins, they are not enough to atone for sins that involve causing damage or hurt to another person. Therefore, one must also ask sincere forgiveness from one’s family and friends if he has wronged them.[12]
15. Especially during the Aseret Yemei Teshuvah, one should try to pay all of his debts to the people he owes and pay any pledges that he made to tzedakah.[13]

Additional Prayers during the Aseret Yemei Teshuvah

15. Throughout the Aseret Yemei Teshuvah, it is customary to recite the phrase “Hashem Hu haElokim” twice before Hashem Melech that is recited before Baruch She’amar.[14]
16. From Rosh Hashanah until Yom Kippur, the custom is to recite Shir HaMaalot MiMaamakim between Yishtabach and Kaddish.[15]

HaMelech HaMishpat

17. Regarding haMelech haKadosh and additional phrases inserted in the Amidah, see the halachot above.
18. If one forgot to say haMelech haMishpat, he may correct himself within approximately three seconds after reciting the berachah, as long as he has not yet started the next berachah (the berachah of LaMinim).[16]
19. If one finished Amidah and realizes that he did not say haMelech haMishpat, or is unsure if he said it, he must repeat Amidah.[17]
20. One who realizes that he did not say haMelech haMishpat and did not yet finish reciting Amidah should return to the berachah of Hashivah Shoftenu and continue from there.[18]
21. If one forgot haMelech haKadosh or haMelech haMishpat in his silent Amidah, he may not serve as chazzan to recite Chazarat HaShatz; rather, another person should recite it as he repeats the silent Amidah on the side.[19]
22. A Sephardic chazzan praying with an Ashkenazic minyan who forgets to recite haMelech haMishpat should nevertheless return to the berachah of Hashivah Shoftenu in accordance with the Sephardic minhag. While the chazzan is considered a representative of the tzibbur, enabling those who do not know how to pray to fulfill their obligations, he must also be permitted Halachically to recite such a berachah on his own. Hence, if the chazzan does not return to Hashivah Shoftenu, all of the berachot would have been recited in vain, and the tzibbur would have not fulfilled its obligation.[20]

Avinu Malkenu

23. During Aseret Yemei Teshuvah, one should recite Avinu Malkenu in the prayer. A Sephardi praying with an Ashkenazic minyan should recite the prayer according to his own minhag quietly, even though Ashkenazim have a different nusach of Avinu Malkenu.[21]
24. Some Sephardim have the custom to recite Avinu Malkenu on Shabbat. A person who has such a custom may recite it even while praying with a minyan that does not have such a custom.[22]
25. When reciting Avinu Malkenu on Shabbat, one should omit the expressions that mention sin and wrongdoing.[23]
26. If one will not have enough time to recite Tachanun in Minchah by the conclusion of ben hashmashot, he should skip Avinu Malkenu and recite Tachanun.[24]
27. Even if a baal habrit or chatan is present, Avinu Malkenu is still recited, and Tachanun is omitted.[25]

[1]. Rama 602:1. See Rambam, Taanit 5:2, which says that this fast is observed because it is the day that Gedaliah ben Achikam was killed. See also Kaf HaChayim 549:5; Teshuvot HaRishon LeTzion, vol. 2, p. 300.

[2]. Yalkut Yosef, Yamim Nora’im, pages 30 & 463; Ohr LeTzion, vol. 4, 6:8; Halichot Shlomo, p. 41. One should consult a Halachic authority and should not determine this on his own.

[3]. Yalkut Yosef, Yamim Nora’im, p. 465; Chazon Ovadia, Arba Taaniyot, p. 42.

[4]. Shaar HaKavanot 90c, in the name of the Maharam Galanti, in the name of the Arizal. See also Mishnah Berurah 603:2, which brings this in the name of Rabbi Yonatan Eibishitz in Yaarot Devash, vol. 1, §1. See also Derushei HaTzlach, derush 19; Yaskil Avdi, vol. 6, Kuntres De’ah VeHaskel §17; Chazon Ovadia, Yamim Nora’im, p. 209; and Yalkut Yosef, Yamim Nora’im, p. 512.

[5]. Moed LeChol Chai 15:30. However, see Yalkut Yosef, Yamim Nora’im, p. 507, which states that one does not have to. See also Chazon Ovadia, Yamim Nora’im, p. 184. Certainly, if one needs to sleep in the afternoon in order to learn better throughout the day, he should not be stringent.

[6]. Yechaveh Daat 1:48; Torat HaMoadim, Yamim Nora’im, p. 3; Yalkut Yosef, Yamim Nora’im, p. 507, 27.

[7]. Birkei Yosef 602:2, Chida, Lev David, ch. 21; Yalkut Yosef, Yamim Nora’im, p. 513.

[8] This was the custom of many Chachamim throughout the generations. The Chida, Rabbi Chaim Palagi, and the Ben Ish Chai have entire books published solely on the subjects that they spoke about on Shabbat Shuvah. See also Mateh Ephraim 602:41; Kadosh BeTzion, p. 94.

[9]. Shulchan Aruch 603:1; Moed LeChol Chai 15:2; Ohr LeTzion, vol. 4, 6:9.

[10]. The Arizal in the hakdamah lederushei Rosh Hashanah of Shaar HaKavanot mentions that during the Aseret Yemei Teshuvah, one should fast to attain forgiveness for his sins. However, since this is considerably difficult, especially if one will not be able to concentrate properly on his learning or prayers, one does not have to. Yalkut Yosef, Yamim Nora’im, p. 513 suggests that one should observe a taanit dibbur instead. See also the Chafetz Chayim, Chovat HaShemirah 10:12, which also suggests that during Aseret Yemei Teshuvah, one should take on himself a taanit dibbur. Yabia Omer, vol. 2, O.C. §28 even says that a taanit dibbur achieves a greater atonement than an actual fast.

[11] See Rambam, Teshuvah 2:2-4; Shaarei Teshuvah of Rabbenu Yonah, Shaar 1; see also Orchot Tzaddikim, Shaar HaTeshuvah.

[12]. Yoma 85b; Rambam, Teshuvah 2:9; Yechaveh Daat 1:44; Chazon Ovadia, Yamim Nora’im, p. 220; Yalkut Yosef, Yamim Nora’im, pp. 566–597.

[13] Levush 603:1; Yosef Ometz, Yuzfa, 983; Kadosh BeTzion, pp. 89-90, in the name of Chemdat Yamim.

[14] See Torah Lishmah §45; Shofar BeTzion, p. 158; Kadosh BeTzion, p. 64.

[15]. Moed LeChol Chai 13:22; Kaf HaChayim 582:14; Chazon Ovadia, Yamim Nora’im, p. 189; Yalkut Yosef, Yamim Nora’im, p. 503.

[16]. Shulchan Aruch, O.C. 582:2; Moed LeChol Chai 13:28; Chazon Ovadia, Yamim Nora’im, p. 190; Yalkut Yosef, Yamim Nora’im, p. 479.

[17]. Shulchan Aruch 582:1. See also the above footnotes regarding haMelech haKadosh. If one is unsure whether he said haMelech haMishpat, he should repeat Shemoneh Esrei with a stipulation that if he is obligated to repeat it, this tefillah should fulfill his obligation, but if he is not obligated, then this tefillah should be a tefillah nedavah. See Yalkut Yosef, Yamim Nora’im, p. 495.

[18]. Shulchan Aruch 582:1. See also Yabia Omer 2:8–10 and ibid., vol. 10, 54:20, which discusses this subject at length; Halichot Olam, vol. 2, p. 250; Yechaveh Daat 1:57; Chazon Ovadia, Yamim Nora’im, p. 194; Torat HaMoadim, Yamim Nora’im, p. 132 and on; and Yalkut Yosef, Yamim Nora’im, p. 479. The Ashkenazic custom, however, follows the Rama 118:1, which is that one should not repeat Shemoneh Esrei if one forgot to say haMelech haMishpat because one already said melech when reciting melech ohev tzedakah u’mishpat. This is also unlike the custom of the Ben Ish Chai, Netzavim 1:19.

[19]. Yalkut Yosef, Yamim Nora’im, p. 495.

[20]. Rabbi Yitzchak Yosef, in response to a letter from me. This is the opinion of Rabbi Moshe Levi in Birkat Hashem, vol. 1, 2:17 & footnote 49 and Tefillah LeMoshe 4:46.

[21]. See Chazon Ovadia, Yamim Nora’im, p. 205 and Yalkut Yosef, Yamim Nora’im, p. 508, 28, which state that one may say Avinu Malkenu alone. See also Piskei Teshuvot 602:2.

[22]. Chazon Ovadia, Yamim Nora’im, p. 104; Yechaveh Daat 1:54; Ohr LeTzion, vol. 4, 4:1. However those who do not have the custom to recite Avinu Malkenu on Shabbat do not have to begin doing so; see Chazon Ovadia, Yamim Nora’im, p. 108, at the end of footnote 8. See also Torat HaMoadim, Yamim Nora’im, pages 50 & 149.

[23]. Yalkut Yosef, Yamim Nora’im, p. 508.

[24]. Yalkut Yosef, Yamim Nora’im, p. 509, 30.

[25]. Orchot Maran, vol. 1, p. 371.