Question: Is it appropriate to recite the T’hilim perek of “Shir HaMaalos MiMaamakim” after Yishtabach during the Aseres Y’mei T’shuvah?

Short Answer: There is a dispute whether Shir HaMaalos MiMaamakim should be recited after Yishtabach during the Aseres Y’mei T’shuvah. Shuls should follow their own minhag.

Explanation:

I. Daily Hallel

The Rosh (B’rachos 5:5) cites the Gemara in Shabbos that praises a person who recites Hallel on a daily basis. The Gemara clarifies that Hallel here refers to P’sukei D’Zimrah. The Rosh adds that we recite a brachah, Baruch SheAmar, at the beginning of P’sukei D’Zimrah, and a brachah, Yishtabach, at the end. It is therefore forbidden to talk from the start of Baruch SheAmar until after Sh’moneh Esrei. The Rif (B’rachos 23a) rules similarly to the Rosh.

The Maadanei Yom Tov (90) elaborates that since P’sukei D’Zimrah serves as a praise to Hashem before we daven, it is forbidden to talk in between this praise and t’filah. Indeed, the Maadanei Yom Tov cites the Yerushalmi that rules that a person who talks or interrupts in between Yishtabach and Yotzeir Or is a sinner who must “return from war” (together with other sinners who are afraid that they will die in battle due to their sins).

II. Any Leniency?

Rav Amram Gaon (cited in the Tur 54) cites a leniency. It is only forbidden to talk or interrupt between Yishtabach and Yotzeir Or when the interruption concerns personal talk. It is permitted, however, to talk between Yishtabach and Yotzeir Or for communal issues, such as giving tz’dakah to a collector who comes to shul.

Moreover, the Beis Yosef (54) cites Rabbeinu Yerucham who notes that some disagree with the Rosh/Rif and permit talking or interrupting (even about personal issues) between Yishtabach and Yotzeir Or. This opinion, however, is rejected by the Beis Yosef.

Practically, the Shulchan Aruch (Orach Chayim 54:3) rules like Rav Amram Gaon that it is only forbidden to talk or interrupt between Yishtabach and Yotzeir Or when the interruption concerns personal talk. It is permitted, however, to talk between Yishtabach and Yotzeir Or for communal issues, such as giving tz’dakah to a collector who comes to shul. The Mishnah B’rurah (6) clarifies that this leniency does NOT apply between Kaddish and Barchu; at that point even Rav Amram agrees it is forbidden to interrupt for any reason.

The Rama agrees with the Shulchan Aruch, adding that this leniency is the source of “the minhag in many places” to bless the sick and to issue subpoenas for dinei Torah in between Yishtabach and Yotzeir Or. In other words, these are communal issues, in which interruption is permitted according to Rav Amram Gaon.

III. The Arizal’s Ruling

The Arizal (cited in the Magen Avraham, Orach Chayim 54:2) instituted the minhag that we recite the T’hilim perek of “Shir HaMaalos MiMaamakim” (“SHMM”) in between Yishtabach and Yotzeir Or during the Aseres Y’mei T’shuvah.

The Magen Avraham, however, after citing the ruling of the Arizal, concludes “tzarich iyun,” presumably because the Arizal’s institution of SHMM appears to contradict the clear ruling of the Shulchan Aruch that it is forbidden to interrupt between Yishtabach and Yotzeir Or. The Mishnah B’rurah (54:4) cites the Magen Avraham verbatim, including his final tzarich iyun.

The Dagul MeiR’vavah (ibid) defends the ruling of the Arizal. First, he cites the Ateres Z’keinim (56) who cites the Maharshal who ruled that it is permitted to insert various p’rakim or p’sukim in between Yishtabach and Yotzeir Or because they are “divrei shevach” (words of praise). Second, the Dagul MeiR’vavah cites the Rambam (Hilchos T’filah 7:13) who notes the minhag of certain places to recite either Az Yashir, Shiras Ha’azinu, or both in between Yishtabach and Yotzeir Or. Clearly, it is permitted to recite songs and other praises in between Yishtabach and Yotzeir Or. Hence, the Arizal instituted SHMM in between Yishtabach and Yotzeir Or during Aseres Y’mei T’shuvah.

The Aruch HaShulchan (54:2) codifies this ruling and likewise compares SHMM to Az Yashir and Shiras Ha’azinu.

IV. The Eimek B’rachah’s Distinction

The Eimek B’rachah (on P’sukei D’Zimrah) debunks the proof of the Dagul MeiR’vavah. Even though the Rambam appears to allow Az Yashir or Shiras HaYam in between Yishtabach and Yotzeir Or, such a ruling is not dispositive to our question about SHMM. SHMM is a request and supplication, not a praise, and therefore it may not be added in between Yishtabach and Yotzeir Or. Only praises such as Az Yashir or Shiras HaYam may be added in this section, designated as a prelude to Sh’moneh Esrei.

V. Rav Soloveitchik’s Compromise

Rav Yosef Dov Soloveitchik zt”l (cited in the new Batei Yosef, Yamim Nora’im, p. 19-20), in order to be sensitive to both the opinion of the Arizal and the Magen Avraham, enacted a compromise. During the weekdays of Aseres Y’mei T’shuvah, Rav Soloveitchik would recite SHMM before Yishtabach; on Shabbos and Yom Tov of Aseres Y’mei T’shuvah, he would recite SHMM before Nishmas (which is the start of Yishtabach).

Rav Hershel Schachter shlita (ibid, p. 267) notes, however, that Rav Soloveitchik’s custom does not comport with the opinion of the Eimek B’rachah. Since SHMM is a request and supplication, moving it to before Yishtabach does not solve the interruption issue. Accordingly, the minhag in the main beis midrash of Yeshiva University is to skip SHMM completely, like the opinion of the Magen Avraham.

Indeed, the Vilna Gaon (as cited in Maaseh Rav, see Hilchos Chag B’Chag, p. 258), as well, did not recite SHMM during Aseres Y’mei T’shuvah.

VI. Why Bother?

The minhag in many places is to simply follow the Arizal and recite SHMM in between Yishtabach and Yotzeir Or during Aseres Y’mei T’shuvah. See Nit’ei Gavriel (Rosh HaShanah 34:7).

The sefer Minchas Yosef (p. 59) suggests a reason for the minhag to recite SHMM. Perek Shirah lists SHMM as the praise recited by the stalk of wheat. According to Rav Yaakov Emden, the wheat sings SHMM because it was the tree with which Adam and Chavah sinned; because of its role in the sin, the wheat stalk lost its ability to grow to great heights. The wheat stalk, now low, thus sings SHMM, crying out to Hashem from the “depths,” its low place. But, l’asid lavo, the wheat stalk will grow tall once again. So, too, mankind cries out SHMM during Aseres Y’mei T’shuvah, davening that our t’shuvah be accepted and we are restored to our original heights.

Rabbi Ephraim Glatt, Esq. is Associate Rabbi at the Young Israel of Kew Gardens Hills and a practicing litigation attorney. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..