Bais HaVaad on the Parsha, Parshas Ha’azinu

Resistance to Change

October 1, 2024

Excerpted and adapted from a shiur by HaRav Nissan Kaplan     

During Aseres Yemei Teshuvah, Hamelech Hakadosh replaces HaKeil Hakadosh. If one forgot, the Shulchan Aruch (O.C. 582:1) rules that he must repeat Shmoneh Esrei. The Sha’ar Hatziyun (582:4) cites R’ Abaleh Posveler as saying that on the first night of Rosh Hashanah, Shmoneh Esrei need not be repeated—like if one forgets Ya’aleh Veyavo on Rosh Chodesh night—because bais din does not sanctify the new month at night. The Sha’ar Hatziyun disagrees, because it is a tartei desasrei (internal contradiction) to say the Rosh Hashanah Shmoneh Esrei without Hamelech Hakadosh.

R’ Shlomo Zalman Auerbach writes (peirush on Machzor Hameforash, 2nd ed.) that even according to R’ Abaleh, one who forgets Ya’aleh Veyavo in Birkas Hamazon on the first night must bentch again. He explains that R’ Abaleh’s reason is that the Bais Din Shel Ma’alah does not convene in judgment until after the month is sanctified, so reciting Hamelech Hakadosh at Ma’ariv is not critical. But it is still Yom Tov, and like on other days of Yom Tov, one who forgets Ya’aleh Veyavo must repeat bentching.

If someone is unsure whether he said Hamelech Hakadosh on Rosh Hashanah, the Mishnah Brurah (582:4) says that if he knows that he properly recited the passages that precede it (Uvechein tein pachdecha, etc.), perhaps he doesn’t need to repeat Shmoneh Esrei, because we can assume he did not follow these with the words of the regular Shmoneh Esrei. The Chayei Adam says this definitively. Rav Elyashiv rules that someone who davened from a machzor can assume he said it correctly.