Page 12 - Chayei Adam LAYOUT sivan 5782

Chayei Adam - K’lal 138 - The Laws of Selichos and Erev Rosh Hashana

35
Chodesh. During the yomim noraim one should treat it at least as strictly as [the
laws of a shaliach tzibur] on a fast day, as explained in Hilchos Tefilah, K’lal
37
36
29. He also cites the Toras Emes that one who goes to secular courts is not fit
to serve as a chazan on Rosh Hashana or Yom Kippur unless he repented for
this. 38

]5[ Erev Rosh Hashana is the last day of the year and Chazal tell us that one
who repents one day during the year is considered as having repented the entire
40
39
year. Therefore, the prevalent custom is for everyone to fast and arise very
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early to recite many confessions and selichos. Some also have the custom to go
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visit the cemetery, however one who is impure from a seminal emission must be
very careful not to enter the cemetery as the foreign spirits will cling to
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him. One should also not visit the graves of wicked people as they cause

םדו רשב
35. There are varying customs in this to pay their taxes and when the authorities
(some forbid a mourner from serving as came to collect, the leaders of the city went
chazan during mincha as well, and certainly on outside the city to greet them and they
chol ha’moed, while others permit a mourner forgave their debts. When they came closer,
to lead the tzibur even on Purim) and each the middle class went to greet them and their
place should follow its own custom. debt was forgiven as well. When the remaining
residents greeted them at the city’s entrance,
36. Elya Rabba they forgave the rest of the debt. So too,
explains the medrash that when the tzadikim
37. It is forbidden for two Jews to litigate fast on erev Rosh Hashana, Hashem forgives a
in a secular court. Doing so is a violation of third of our sins. During aseres yemei teshuva,
the commandment to settle in beis din (Gittin the average people fast and Hashem forgives
88b, Shulchan Aruch C.M. 26:1) If the other the second third, and on Yom Kippur, Hashem
party refuses to settle in beis din, one should forgives the rest. Based on this, the custom of
seek permission from a qualified beis din to go Ashkenazim is to fast on erev Rosh Hashana. הכ
to the courts. Since it is a widespread custom, one does not
need to accept the fast the day before as he
38. Elya Rabbah 53:6. would for a private voluntary fast (Rema).
דכ

39. The Tur cites a parable from the 40. Although fasting on an erev yom tov
Medrash Tanchuma that a certain region failed may be in violation of following chukas

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