Last week we began discussing the fascinating topic of reciting “Vayechulu” on Friday night. Believe it or not, although we wrote over eight sides last week (in the B5 edition) there is still lots more to talk about, therefore, this week we will continue with this topic. I highly recommend reading last week’s sheet before you start this one (for your convenience I have included last week’s halachah section inside this week’s booklet, see pg. 6).
What should one do if he hasn’t quite finished his silent shemonah esrei when the tzibbur [congregation] starts reciting “Vayechulu”? What happens if one is in the middle of Viduy on Yom Kippur that falls on Shabbos when the tzibbur starts “Vayechulu”? What big chiddush was HaGaon HaTzaddik R’ Dovid Baron zt”l mechadesh in regards to the recital of “Vayechulu” based on Hilchos Eidus? Can one recite “Vayechulu” with his wife? Is there any problem with reciting “Vayechulu” during kiddush off by heart? Is there perhaps a chiyuv to recite it off by heart? Of this and much more below.
Reciting “Vayechulu” Whilst One Is Still in the Middle of “Elokai Netzor”
If one hasn’t yet finished his silent shemonah esrei on Friday night when the tzibbur starts to recite “Vayechulu”, and he has already recited the first “yiyu l’ratzon” (יהיו לרצון ) before “Elokai Netzor”, there is a dispute amongst the poskim if one is allowed to interrupt in the middle of “Elokei Netzor” to recite “Vayechulu” with the tzibbur. Some say one should recite “Vayechulu” with the tzibbur as it is a part of tefillah and one fulfils the inyan of saying it with two eidim, and even the hiddur of saying it with ten (R’ Shlomah Zalman Auerbach cited in Shulchan Shlomah 268:1, Me’or HaShabbos Vol. 1, pg. 493 and Vol. 2, pg. 526).
Some add (see Shu”t Kenah Bosem Vol. 3, siman 16) that although it’s clear from the Achronim (Shulchan Aruch, siman 122) that one shouldn’t interrupt in the middle of “Elokei Netzor”, except for things that one may interrupt Birchas Krias Shema for. Nevertheless, since there are those who are lenient and allow answering to all devorim shebikdusha (besides for things which are only recited due to minhogim), since reciting “Vayechulu” with the tzibbur is a big inyan, as it is eidus that Hakodosh Boruch Hu created the world, and one who says it is considered to be a partner with the Ribbono Shel Olam in the creation of the world, it is fitting to interrupt in the middle of “Elokei Netzor” to recite it. The Kaf HaChaim (268:6) quotes many poskim who write that one should recite the mizmor of שיר למעלות אשא עיני על ההרים before “Elokei Netzor”, therefore, certainly it is ok to interrupt to recite “Vayechulu”. It is brought down in Si’ach Tefillah (pg. 601) from R’ Chaim Kanievsky, that one should interrupt.
Although the poskim mentioned above maintain that one may interrupt “Elokai Netzor” to recite “Vayechulu”, the Biur Halachah (268:7) seems to disagree. The Biur Halachah quotes the Pri Megodim (Eishel Avraham, s.k. 11) who says: When davening shemoneh esrei on Friday night one should rush to finish his shemonah esrei in order that he is able to recite “Vayechulu” together with the tzibbur. According to the poskim we mentioned above there is no need to finish, and as long as one gets up to “Elokai Netzor” it’s good enough. Unless we say, that when the Biur Halachah says “to finish” he means to get up to “yiyu l’ratzon” before “Elokei Netzor” and he doesn’t mean to finish the entire shemonah esrei, however, this is very strained. (See later, where we will iy’H bring from R’ Sroya Davlisky that it is forbidden to interrupt in the middle of “Elokai Netzor” in order to recite “Vayechulu” with the tzibbur.)
According to the Chazon Ish that there is no need for two eidim when reciting “Vayechulu”, even according to those who are lenient, there is a strong argument to say that one isn’t allowed to interrupt (see Ishei Yisroel, Perek 32, he’orah 71).
However, if one has already recited the second “yiyu l’ratzon” after “Elokei Netzor” and he simply hasn’t taken three steps back because the person behind him is still davening, everyone would agree that one may recite “Vayechulu” with the tzibbur. The Mishnah Berurah (122:4) writes that one may interrupt to answer Amen, and he brings from the Ma’amer Mordechai that one may even answer “Boruch Hu U’Voruch Shemoi”, therefore, it’s very logical that one may recite “Vayechulu” as well.
Reciting “Vayechulu” in the Middle of Viduy When Yom Kippur Falls on Shabbos
In line with his opinion that we mentioned above, R’ Shlomah Zalman says that even if one is stringent on a regular Yom Tov that falls on Shabbos not to interrupt in the middle of “Elokei Netzor” to recite “Vayechulu”, that’s because one says it later during kiddush. When Yom Kippur falls on Shabbos, however, there is no kiddush later, and although strictly speaking one may say it alone afterwards, there is more of an argument to allow one to interrupt and say it in the middle of “Elokai Netzor”.
However, R’ Sroya Davlisky (Kitzur Hilchos Mo’adim, Dinei Tefillos Arvis Shel Yom HaKippurim 41) writes: It’s forbidden to interrupt in the middle of “Elokai Netzor” in order to recite “Vayechulu” with the tzibbur, even on Yom Kippur which falls on Shabbos. It is clear from the Mishnah Berurah (122:4) that one is only allowed to interrupt in the middle of “Elokai Netzor” for things one is allowed to interrupt for in the middle of Birchas Krias Shema. It is forbidden to interrupt Birchas krias Shema to say “Vayechulu”, therefore, it’s forbidden to interrupt “Elokai netzor” for “Vayechulu” as well (R’ Shlomah Zalman is lenient as he learns that “Vayechulu” is part of tefillah, however, R’ Davlisky clearly disagrees).
Perhaps we can add: Even those who are lenient on a regular Friday night, that’s because it is in the middle of tachnunim, however, on Yom Kippur it is in the middle of Viduy, which according to many is de’O’raisa. Even if the halachah is that one must interrupt for a devorim shebikdusha, “Vayechulu” isn’t a dovar shebikdusha, so why should one be able to interrupt in the middle of a mitzvah de’O’raisa to gain the advantage of reciting “Vayechulu” with the tzibbur.
The aforementioned discussion only starts if one said the “yiyu l’ratzon” before “Elokai Netzor”, which the Mishnah Berurah (607:16) says is what one should do. However, the Gaon (see Imrei Noam, Berachos 3b) says that one shouldn’t recite “yiyu l’ratzon” before Viduy, as we want Viduy to be part of the tefillah. See Chayei Adam (Klal 144:9) who follows the opinion of the Gaon.
An Individual May Recite “Vayechulu” Within Toich Kedei Dibbur
HaGaon HaTzaddik R’ Dovid Baron zt”l is mechadesh (cited in Da’as Torah 268:7, end of a hago’ah) that if one davens a long shemonah esrei, and he finishes after the tzibbur has already recited “Vayechulu”, as long as it is within toich kedei dibbur of when the chazon finishes reciting “Vayechulu” one may still say it and it is considered reciting it with the tzibbur. He explains: Since the recital of “Vayechulu” has a din of eidus, and the halachah is: דאפילו מאה עדים י כולים להעיד כל אחד תוכ״ ד של חבירו – “Even a 100 witnesses can give testimony, each one within toich kedei dibbur of his friend” (see Shavuos 32a), in our case as well, since the chazon finished within toich kedei dibbur, and the person who davened a long shemonah esrei finished within toich kedei dibbur of the chazon, it’s considered as if they all recited “Vayechulu” together. (The Biur Halachah siman 124:8 writes a similar thing regarding answering Amen. If one answered Amen toich kedei dibbur from the end of the berachah, then another person may answer within toich kedei dibbur of the one who answered Amen.)
Seemingly, the above only works if we learn that when the Pri Megodim (siman 268, Mishbetzois Zahav s.k. 5) says that “Vayechulu” should be recited as ten because of ונקדשתי בתוך בני ישראל – “You shall sanctify my name amongst Klal Yisroel”, that he doesn’t mean “Vayechulu” is literally a dovar shebikdusha. If, however, he means “Vayechulu” should be said as ten as it’s literally a dovar shebikdusha, then it may well be that we can’t join people together within toich kedei dibbur. When it comes to kedusha for example, everyone needs to recite it together, and we don’t find that if one person says it, and then a second person says it toich kedei dibbur that they join together.
Another observation on the chiddush of R’ Dovid Baron is, that Tosfos in Makkos (6a, d.h. Omar Rava) asks: Why is it then when it comes to eidim zomemim [false witnesses] we find that even 100 witnesses join together as long as they are within toich kedei dibbur of each other, and if one is found to be false they are all invalidated and the eidus in nullified, however, when it comes to kosher eidus where the halachah is, נמצא אחד מהם קרב ופסול עדותם בטלה - “If one is found to be related or disqualified the testimony is disqualified”, we join eidim together even if they come after toich kedei dibbur? Tosfos answers: In regard to the disqualification of נמצא אחד מהם קרב ופסול, even if they are not toich kedei dibbur it is still considered one big eidus as they are all saying the truth, therefore, the testimony starts from when they saw and that was all in one go. However, when it comes to eidum zomemim who are lying, the eidus only gets off the ground when they come in front of Beis Din and if they testify one after another and are not within toich kedei dibbur from each other there is nothing connecting them.
Based on the above, it should come out that since the recital of “Vayechulu” is true, as we are testifying about the Creation of the World, it should be valid even if one witnesses testifies after toich kedei dibbur of the other. Why does R’ Baron say it only works within toich kedei dibbur? (see Sha’arei Eliyohu pg. 77).
However, R’ Sholam Schwadron (in his he’oras on the Da’as Torah 268:7) already raises the above concern and answers: When reciting “Vayechulu” and giving eidus that Hashem Created the World, what connects the eidus is the hagadah [recital] of “Vayechulu”, therefore, it needs be recited together (or at least within toich kedei dibbur like R’ Dovid Baron says). We can’t say that the eidus begins with the seeing, as we never saw it, the only thing that connects the eidus is the hagadah, therefore, it needs recited within toich kedei dibbur of one another.
Are Women Obligated in the Recital of “Vayechulu”?
The Kaf HaChaim (268 end of sif 36) cites a machlokes if women need to recite “Vayechulu” on Friday night. On the one hand the Bayis Menucha (268 ois 3) rules that they are exempt as they are unable to give eidus, therefore, they should say “Vayechulu” like one who reads pasukim from the Torah, without intention of giving any eidus. On the other hand, the Pesach Devir (268 s.k. 7) argues that “Vayechulu” isn’t proper eidus, as if it was, if there are any children in shul it would ruin everyone’s eidus as children are pasul for eidus. From the fact that we don’t say this, we see that it is not proper eidus. Since it is not proper eidus, women are obligated as well. That which women are pasul from giving eidus, is when the matter is only known through the eidus, however, the fact that Hashem created the world is known even without eidus, therefore, for such eidus women are valid.
Does the Rule of, “If One is Found to be Related or Disqualified the Entire Testimony is Disqualified”, Apply to Women and Children?
The ruling of the Pesach Devir is far from simple. The Pesach Devir proves that “Vayechulu” is not considered proper eidus as if it was, then if there would be any children in shul we would apply the rule of, “If one is found to be related or disqualified the entire testimony is disqualified”, and say that since children are disqualified from giving eidus the entire eidus is nullified.
However, many Achronim take on that women and children are not considered witnesses (eidim) at all, therefore, we don’t say that they disqualify other witnesses due to the rule of, “If one is found to be related or disqualified the entire testimony is disqualified”. These Achronim hold that only one who can be a witness is able to disqualify other witnesses due to being a relative or being disqualified. According to these Achronim the Pesach Devir’s proof is a non-starter (see Tumim 36:11, Nesivos in Biurim s.k. 10, Aruch HaShulchan 36:1, Reshash and Aruch LaNer to Makkos 6a, Minchas Chinuch beginning of mitzvah 75, Hagoas Imrei Boruch on Turei Even to Rosh Hashanah 22b, d.h. ho isha, and Imrei Binah Dinei Eidus siman 52, s.k. 2).
On the other hand, other Achronim (Shu”t R’ Akiva Eiger, Mahadurah Kamma 73 in hashmotas, Chemdas Shlomah, Even HaEzer 14:1, Nachal Yitzchok siman 35 end of Anaf 6 and others) take on that a child is considered a witness as he is fit to give eidus when he gets older. They also learn that women invalidate eidus if they give it together with men who are valid to give eidus based on the rule of, “If one is found to be related or disqualified the entire testimony is disqualified”. According to these opinions we can understand the proof of the Pesach Devir.
From the Shulchan Aruch HaRav (271:19) it is clear that he holds that women are exempt from reciting “Vayechulu”. He writes: “Vayechulu” is recited during kiddush to be moitzi sons and young householder members”, which implies that there is no need for one to be moitzi his wife.
The Seder Ya’akov (Inyonei Orach Chaim end of siman 34) speaks at length about the above. He proves that the Pesach Devir is not like the Taz who holds that an individual shouldn’t recite “Vayechulu” with intention of giving eidus. The Mishnah Berurah (268:19) is concerned for the opinion of the Taz, therefore, according to the Mishnah Berurah women shouldn’t give eidus as they are disqualified from doing so, therefore, they should recite “Vayechulu” whilst sitting down, without any intention of giving eidus.
May A Woman Join Together With a Man To Recite “Vayechulu”?
The Mishnah Berurah (268:19) writes: If one doesn’t manage to recite “Vayechulu” with the tzibbur, he should recite it together with another person. R’ Shlomah Zalman Auerbach writes: Logically speaking saying it with a woman is considered saying it as two people, as women are also obligated to testify that Hashem created the Heavens and the Earth (Halichos Shlomah – Tefillah Perek 14 he’orah 21).
However, the aforementioned Seder Yaakov writes: One can’t recite “Vayechulu” together with a woman, and doing so is tarti desasri [two things which are contradictory]. If one holds that “Vayechulu” must be said as two, because it says by Hilchos Eidus: ועמד ו שני אנשים – “The two men shall stand”, it also says ועמדו שני אנשים – “The two men shall stand”, and for this reason it can’t be said with a child. Further, he points out, even if one can say it with a woman, perhaps one can’t say it with his own wife due to the principle of “ishto kegufo” [a wife is considered the same body as the husband]. From the Aruch HaShulchan (250:3) it is clear that a wife is literally the same body as the husband. The Aruch HaShulchan writes: If one’s wife prepares for Shabbos then there is no need for the husband to prepare as well, as “ishto kegufo”, and it is considered like the husband also prepared for Shabbos. Consequently, if one would say “Vayechulu” with his wife, it would be like saying it with himself, which would be no good.
The Yesod Veshoresh HaAvodah Warns How to Recite “Vayechulu”
The Yesod Veshoresh HaAvodah (Sha’ar Shemini, Perek 5) quotes the Zohar who says: Great tikkunim [fixings] happen in the Upper Worlds when one recites “Vayechulu”, and one must be careful to have intention when saying it that he is testifying to the Oneness of the Ribbono Shel Olam and one must say this testimony with great simcha [happiness] and intense concentration.
When Reciting “Vayechulu” During Kiddush, May One Say It Off by heart, or Must One Read It from a Siddur?
The Mishnah Berurah (271:45) quotes the Rosh who says that the reason we recite “Vayechulu” during kiddush is to be moitzi sons and household members who never davened Ma’ariv. According to this, there is room to say that when one makes kiddush on Friday night he should be careful to read “Vayechulu” from a siddur, as the Rosh holds that one is saying it to be moitzi others, and the Tur (siman 49) brings from the Rosh that if one is being moitzi others in an obligation he shouldn’t say things that are written down, off by heart (לא יאמר דברים שבכתב בע ״פ). See the Kaf HaChaim (49:9) who brings that the Chesed L’Avraham was very stringent regarding this.
However, we can suggest something to answer up those who are lenient based on a Pri Megodim (49, Eishel Avraham s.k. 1). The Pri Megodim explains: The reason one shouldn’t say things which are written down (דברים שבכתב ) when being moitzi others off by heart is because they are being fulfilling their obligation via the principle of shome’ah ke’onah [hearing is like saying], and since the pasukim are not fluent by them it is forbidden for them to hear (or be yoitza via shome’ah ke’onah), if, however, they are fluent with the pasukim then it is ok. When it comes to kiddush everyone is fluent with the pasukim, therefore, it is ok to recite it off by heart.
If one is making kiddush just for his wife, there is additional room for leniency. The Kaf HaChaim (268:36) cites a machlokes if women are obligated in the recital of “Vayechulu” since they are disqualified from giving eidus, and he cites the Bayis Menucha who writes that they are exempt (see above for more on this). The above is also meduyak in the Shulchan Aruch HaRav (271:19) who writes that “Vayechulu” is said during kiddush so that one can be moitzi his sons and household members – which implies not a wife. If women are exempt, then there is nothing wrong with saying “Vayechulu” off by heart, as one isn’t being moitzi his wife anything.
R’ Moshe Sternbuch (Shu”t Teshuvos V’Hanagos 6:73 s.k. 3) writes: The recital of “Vayechulu” is not a complete obligation it’s simply a mitzvah and worthy of doing so (אינו חיוב גמור אלא מצוה וראוי לומר כן). Consequently, the rule of: דברים שבכתב אי אתה רשאי לאומרה בע ״פ כשמ וציא אחרים – “One shouldn’t say things which are written off by heart when being moitzi others” doesn’t apply, as it’s not a complete obligation. Only when being moitzi someone with a complete obligation like Krias HaTorah do we apply the above rule.
We can suggest another reason for those who are lenient to recite “Vayechulu” off by heart based on the Gaon. The Gaon (Biur HaGra, siman 49) explains: The main concern for the above is when one is being moitzi a tzibbur, like the Gemara in Ta’anis (28a) says: וכי יחיד יכול לקרות דברי תורה על פה בציבור - “Can an individual read words of Torah off by heart for the congregation”. Therefore, if one is saying kiddush just for family members, it is not a tzibbur, consequently reciting “Vayechulu” off by heart would seemingly be ok. It is brought down that R’ Shlomah Zalman Auerbach agreed to this, and although he himself would be particular to read “Vayechulu” from a siddur, it was a hiddur be’almah, an enhancement above and beyond what is required (cited in Hilchos Shabbos BeShabbos Vol. 1, pg. 351, he’orah 16)
R’ Yom Tov Sanger brings that R’ Chaim Kanievsky wrote him a letter saying that he wasn’t stringent for the above, and he never saw by the Chazon Ish or the Steipler that they were particular either.
Seemingly, we can bring proof from a Rema that there is no need to be particular. The Rema (271:10) writes: During kiddush one should look at the candles. The Darkei Moshe (s.k. 8) writes: This means when reciting “Vayechulu”, as during kiddush itself one must look at the cup of wine. We see from this Rema, that when saying “Vayechulu” one should be looking at the candles, and not inside a siddur.
If we answer the minhag of those who recite “Vayechulu” off by heart based on the Gaon, it would seemingly come out that if there is a shevah berachos on Friday night and the ba’al habayis make kiddush for the entire gathering then he should be careful to look inside a siddur. However, this is not true, either because of the Pri Megodim that says if the pasukim are known by everyone there is room to be lenient. Or, because when making kiddush by shevah berachos, the men have already davened Ma’ariv, and “Vayechulu” is only being said for the women, and ten women is not considered a tzibbur. (Although one could argue, that although the reason behind saying “Vayechulu” is to be moitzi those who never went to shul, however, once it was established that one must say it, then even men who have already davened are obligated to say it again. Especially according to the Roke’ach who says that there is a special inyan to say “Vayechulu” three times.)
A New Twist from the Tzitz Eliezer
The Shu”t Tzitz Eliezer (Vol 17, siman 63) like he often does puts a new spin on things, he writes: Not only does one not need to be particular not to recite “Vayechulu” off by heart, on the contrary perhaps one needs to be careful to specifically say it off by heart. The recital of “Vayechulu” is giving eidus that Hashem created the World in six days, and has a din of eidus, and for this reason we stand when reciting it. In Hilchos Eidus there is a halachah: מפיהם ולא מפי כתבם – “(Testimony must be) given over orally, and not written”. Consequently, when Chazal established that one should recite “Vayechulu” as part of kiddush on Shabbos, they also fixed that it should be recited off by heart, and not from a siddur.
However, the above is a tremendous chiddush [novelty] as the problem of מפי כתבם – “giving testimony from written text” is when one writes the eidus and gives the written eidus over to Beis Din instead of opening his mouth to speak. However, who says there is a problem of מפי כתבם, if one writes the eidus down, and then reads the eidus off what is written down on a paper.
Is One Allowed to Speak Between the End of His Silent Shemonah Esrei and the Recital of “Vayechulu”?
The Shulchan Aruch (268:12) writes: “Don’t speak when saying ‘Vayechulu’ or when the chazon is saying ‘Mein Sheva’”. The Mishnah Berurah (s.k. 26) cites a source to this from the Tur in the name of the Sefer Chasidim (siman 58). The Sefer Chasidim writes that a very severe punishment was once given to someone who spoke during the recital of “Vayechulu”. The question is, however, is one allowed to speak after he completes the silent shemonah esrei before the tzibbur starts to recite “Vayechulu”? The Sefer Avodas HaKodesh writes in the name of those who lived with the Arizal (גורי האריז״ ל ) that if one finished his silent shemonah esrei and the chazon has started chazoras hashatz [the repetition], it is a severe transgression to speak (see Ta’amei Minhogim, Inyonei Shabbos pg. 132 d.h. v’ein ledaber and Kaf HaChaim siman 124:1).
The question is, however, whether Birchas M’ein Sheva has the status of chazoras hashatz or not (see Biur HaGra end of siman 268:12, Chiddushei HaGrach al HaShas Megillah 23b and Shu”t Betzel HaChochmah Vol. 4, siman 111). The Shu”t Rivevos Ephraim (Vol. 3 siman 169) and Shu”t Nishmas Shabbos (Vol. 1, siman 524) also discuss this. When R’ Chaim Kanievsky was asked about speaking at this point of davening he said: if there is a need then it is allowed (Siach Tefillah pg. 601).
