[Avodah] a troubling halacha

[Micha Berger]

On Fri, Nov 14, 2008 at 11:18:24AM -0000, Chana Luntz wrote:
: RET writes:
:> I am still waiting for a source (before KSA) that one shouldn't inform
:> relatives of the death of a family member (except for kaddish)

: Basically the source of the KSA is the Shulchan Aruch and Rema.

: The Shulchan Aruch (Yoreh Deah siman 402 si'if 12) says:
: One to whom a close relative has died (mi shemet lo met) one is not
: obligated to tell him (aino chova) even if it is his father or his mother
: and on this it is said U'motzei d'vara hu k'sil (Mishlei 10:18) and it is
: permitted to invite him to an engagement or wedding feast and all types of
: simcha since he doesn't know but anyway if he asks upon him he is not to lie
: and say that he is alive as it says, from a matter of sheker keep far away.

: The Rema then adds:
: In any event with male children we are accustomed to make it known in order
: that they should say kaddish but with daughters it is not the minhag at all
: [ain minhag klal] to make it known.

Eino chovan and ein minhag kelal to do it. The KSA goes beyond that and
writes of a duty not to say anything. Not merely a lack of requirement
to tell.

On Fri, Nov 14, 2008 at 03:55:27PM +0100, Arie Folger wrote:
: RAM wrote:
:> So the last kaddish of the davening - after Aleinu - was said by such a
:> son. When other tefilos were added (like Shir Shel Yom and such) an orphan
:> would say kaddish after those too.

: Just for the record: since you pain yourself to summarize the development of 
: tefillah, I point out that the last qadish of teh Gemara is NOT the qadish 
: after 'aleinu, as 'aleinu was originally only part of malkhiyot on RH. It is 
: only in the 13th-14th centuries that 'aleinu became part of the daily 
: liturgy.

For that matter, I don't think there was a "last qaddish of the gemara"
altogether. I lost my copy of R' de Sola Pool's guilde to qaddish, but BH
thank G-d it's now on line.
http://www.archive.org/download/kaddishk00poolrich/kaddishk00poolrich.pdf
On pp 8-9 he cites Sotah 49a, Berakhos 3a, Mishlei Rabba 14:28, Qoheles
Abba 9:14, A"B deR' Aqiva and other sources that show that Qaddish was
said as a closing doxology to an aggadic address. (Much the way many
derashos today end "ad bi'as go'el bb"a!" or the like.)

Appendix C (pg 107) argues that in the days of Mes Soferim, it entered
the siddur because when davening ended with leining there was a Qaddish
after leining. RDdSP cites Soferim 10:8, 16:12, 19:1, 21:6. (As RAF notes,
no Aleinu after leining.)

However, by the time of the Rambam, Qaddish ended Mussaf and Minchah as
well. No mention of Aleinu in Hil' Tefillah 9:10, 13. Similarly Rashi's
Pardeis. No other qaddeishim mentioned in either source.

I do not know when Qaddish became a closing for davening, rather than
for talmud Torah (which happened to be with davening). Was it during
Chazal's day, or the period of the geonim? But between sections of
davening was clearly during the tannaim.

Tir'u baTov!
-Micha

-- 
Micha Berger             The fittingness of your matzos [for the seder]
micha at aishdas.org        isn't complete with being careful in the laws
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Fax: (270) 514-1507      the laws of business.    - Rabbi Israel Salanter