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Chapter 26: 4-6
The Mourners Kaddish

4. On the Sabbath, should a child and an adult who are both observing the seven days of mourning be present in the synagogue, the Kaddishim are divided equally between them. If a person commemorating a yahrzeit is also present, the adult's [rights to Kaddish] supersede this person's. Hence, the adult is entitled to one Kaddish more than the child: that Kaddish which the child would have had to grant the person commemorating the yahrzeit.

5. A person commemorating a yahrzeit and, similarly, a person observing the thirty days of mourning have priority over other mourners who are in the year of mourning. However, the others should also be granted the opportunity of reciting certain Kaddishim. Thus, it is proper that the Kaddish d'rabbonon and the Kaddish after Oleinu be given to the person commemorating a yahrzeit or the person observing the thirty days of mourning, while the other Kaddishim should be divided among the other mourners if their number equals the number of the Kaddishim.

6. A person observing the thirty days of mourning is granted priority over a person commemorating a yahrzeit. The person commemorating the yahrzeit is granted only one Kaddish.

If many people commemorating a yahrzeit are present, each one is entitled to at least one Kaddish, even if by doing so, the person observing the thirty days of mourning will not be left with a single Kaddish. [Thus is done because] he may recite Kaddish tomorrow, while unless the one commemorating the yahrzeit recited Kaddish today, his opportunity will have passed.

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Halacha-Yomi, Copyright (c) 1999 Project Genesis, Inc.

 

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