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Chapter 26: 13-15
The Mourners Kaddish

13. A person who always prays in a particular synagogue or house of study [is not given any privileges] should he desire to recite Kaddish in another synagogue need not grant him any Kaddishim even if he is in the week of mourning. His standing is worse than that of a guest, since a guest has no place to pray and recite Kaddish, whereas he does.

14. If a person is able and is fit to lead the congregation in prayer, he should do so. This is of greater benefit than the recitation of the Mourner's Kaddish, which was instituted essentially for minors. A person who cannot lead the congregation throughout the entire service should lead them at least from Ashrei and Uvo l'Tzion onward.

The same principles - i.e., giving rights to those in the week of mourning and in the first month of mourning, etc. - that govern the precedence of mourners regarding Kaddish also apply with regard to leading the congregation in prayer.

It is customary that a mourner not lead the congregation in prayer on the Sabbath or festivals.* However, if even before he became a mourner, he would lead the congregation on these days, he may continue to do so even while a mourner.

* {In many communities, it is customary for a mourner not to lead the congregation in prayer on any day when the musaf service is recited. These restrictions apply only to a person within the year of mourning. However, a person commemorating a yahrzeit may lead the congregation even on the Sabbath or festivals.}

15. If two people have equal rights regarding the recitation of Kaddish, both are equally capable of leading the congregation in prayer, and bother are equally acceptable to the congregation, they should cast lots between them. The winner leads the congregation until Ashrei and Uvo l'Tzion, and the other leads the remainder of the service.

If one is incapable of leading the congregation in prayer or is not acceptable to the congregation, and, hence, the other led the prayer, the latter did not forfiet his rights regarding the Kaddishim. Nevertheless, it is proper for him to forgo his rights and leave the Kaddish for one who did not lead the prayers - and how much more so for minors.

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

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