Birkas Kohanim During Minchah on Fast Days
Even communities that perform Birkas Kohanim daily do not perform Birkas Kohanim during Minchah. However, they do perform it during Minchah on the public fast days of Tzom Gedaliah, Asarah Be’Teves, Ta’anis Esther, Shivah Asar Be’Tamuz, and Tishah Be’Av, but not on Yom Kippur.
These distinctions are based on the Gemara’s conclusion in Ta’anis (26b). The Gemara states that Birkas Kohanim is not performed during Minchah due to the concern that a Kohen may become inebriated at the meal preceding Minchah. To maintain the consistency of this restriction, Chazal applied it uniformly throughout the year, even on fast days when there is no concern of inebriation. The restriction, however, does not apply to Ne’ilah since it is a prayer exclusive to fast days. The Gemara then tells us that during Talmudic times, Birkas Kohanim was performed at Minchah on all fast days, provided that they do not have the additional Ne’ilah prayer. The Gemara explains that this is because when there is no Ne’ilah, it is customary to daven Minchah close to sunset. Consequently, Minchah on such days is comparable to Ne’ilah and will not be confused with Minchah of the rest of the year, allowing for Birkas Kohanim to be performed.
Based on this Gemara, Shulchan Aruch92 rules that on fast days that do not have the Ne’ilah prayer, Birkas Kohanim is performed during Minchah since Minchah is davened close to sunset.93 Indeed, the custom in Eretz Yisrael (and for Sephardim even in the Diaspora) is for Kohanim to perform Birkas Kohanim during Minchah on all public fast days aside from Yom Kippur. However, there is some debate about the extent of this practice. The Chazon Ish94 writes that it is possible that once the custom to conduct Birkas Kohanim at Minchah on fast days was adopted during Talmudic times, it is always to be conducted, regardless of when in the afternoon Minchah is held. Although the reason behind the custom only applies when Minchah is davened close to sunset, as it was in Talmudic times, once the custom of performing Birkas Kohanim at Minchah on fast days was instituted, it is necessary for a different beis din to abolish the custom, and that never occurred.95 Indeed, it has been widely reported that in the Chazon Ish’s presence, Birkas Kohanim was performed during Minchah on fast days even when Minchah was davened at Minchah Gedolah.96 However, many other Poskim reject the novel ruling of the Chazon Ish and rule that Birkas Kohanim should only be performed when Minchah is davened “close to sunset.”97 Practically speaking, many Poskim recommend that Minchah on a fast day be scheduled so that Birkas Kohanim will be performed within a half hour of sunset, ensuring that it is performed in accordance with all opinions.98
Now, the general rule is that whenever Birkas Kohanim is meant to be performed but is not being performed due to the congregation being in the Diaspora or the absence of Kohanim, the prayer of Elokeinu Veilokei Avoseinu is recited by the chazzan instead. However, if Birkas Kohanim is not supposed to be performed (such as during Minchah throughout the year), the prayer of Elokeinu Velokei Avoseinu is not recited. Accordingly, the recital of this prayer at Minchah in the early afternoon of a fast day should depend on the above discussion; according to those who rule that Birkas Kohanim is not recited, this prayer should be omitted.99 Nonetheless, many Poskim rule that at Minchah on a public fast day, this prayer is recited regardless of when Minchah is held.100 This is based on the ruling of Rema regarding Minchah on Yom Kippur. Rema (129:2) rules that even though Birkas Kohanim is not performed at Minchah on Yom Kippur, Elokeinu Velokei Avoseinu is recited because, bedieved, if the Kohanim ascend to bless the congregation, they are allowed to proceed and perform Birkas Kohanim. These Poskim assert that the same applies to Minchah on any fast day; since Birkas Kohanim can be performed if the Kohanim already ascended regardless of the time of day, Elokeinu Velokei Avoseinu is also recited. However, a minority view maintains that this prayer is omitted if Minchah is held before plag haminchah.101
During Minchah on a fast day, Birkas Kohanim, or the prayer Elokeinu Velokei Avoseinu, is only recited if there are at least ten men who are fasting present in the shul.102 Some Poskim rule that a Kohen who is not fasting cannot perform Birkas Kohanim at Minchah because, for him, we must consider it a Minchah of an ordinary weekday.103 However, other Poskim permit him to perform Birkas Kohanim, arguing that even if someone eats on a fast day it is unlikely that he will drink intoxicating beverages to the extent that he becomes inebriated.104 A third group of Poskim presents the following compromise position: If there are no other Kohanim present, or if there is only one other Kohen present, then the Kohen who is not fasting should perform Birkas Kohanim; otherwise, he should not.105
On “minor” fast days, when it is customary for people to fast but there is no obligation to do so – such as the seventh day of Adar, Yom Kippur Katan, and the days of Beha”b – many Poskim rule that Birkas Kohanim is not performed during Minchah, even by those who are fasting, and the prayer Elokeinu Velokei Avoseinu is not added to Chazaras Hashatz.106
92 129:1.
93 It should be noted that Shulchan Aruch elsewhere (566:8) does not write that this is dependent on Minchah being davened close to sunset; for a discussion of this point, see Rav Pe’alim IV, Orach Chaim 5.
94 Orach Chaim 20.
95 Kehillos Ya’akov (Berachos 29).
96 Kehillos Ya’akov (Berachos 29); see also Chiddushim U’beiurim (Ta’anis 26b); Beis Baruch (32:86); Orchos Rabbeinu (New Edition II, p. 200).
97 R’ S. Z. Auerbach (Halichos Shlomo, Tefillah 10, Devar Halachah 21) writes that Birkas Kohanim may be conducted after Minchah Ketanah. [Interestingly, R’ Auerbach questioned the Chazon Ish himself about this issue but did not understand his response (ibid., Orchos Halachah 47.)]; Yabia Omer X:55; Shevet Halevi VIII, 23:4; Zeh Hashulchan 129; Ohr Letziyon II, 8:12; see also Ashrei Ha’ish, Orach Chaim I, 23:12 and Orach Chaim III, 67:26. [While these Poskim agree that Birkas Kohanim may not be conducted before Minchah Ketanah, they give different times as to when exactly is considered to be “close to sunset.”]
98 Kaf Hachaim 129:7; Zeh Hashulchan 129; Ohr Letziyon II, 8:12; see also Moadim Uzmanim VII:248.
99 See Mishnah Berurah (129, note 8; 566, note 23).
100 Mikraei Kodesh (Yamim Noraim 35:4); R’ M. Feinstein (Shma’atsa DeMoshe, Shemuos Moshe 566:8); see also Gevuros Eliyahu (Orach Chaim 152:3). [ R’ S. Kamenetsky (Koveitz Halachos, Bein Hametzarim 3:20) attests that the custom in the United States follows these Poskim. See also Luach Eretz Yisrael, Dinei Tzom Gedaliah.]
101 Kiryas Chanah David I, Orach Chaim 87; see also Shevet Halevi VIII:23.
102 Pri Megadim (Eishel Avraham 566:11) as interpreted by Kaf Hachaim, ibid., note 52.
103 Pri Chadash (129:2); Kaf Hachaim (129:5).
104 Ginas Veradim (Orach Chaim 1:49), see also Mekor Chaim 127:2.
105 R’ S. Z. Auerbach (Halichos Shlomo, Tefillah 10:13). [If there are other Kohanim present, it is best for the Kohen to leave the shul before the sheliach tzibbur begins Retzeih.]
106 Sha’ar Hatziyun 129:5. [It should be noted that a minority opinion (Pri Megadim, Eishel Avraham 129:1; see also Kaf Hachaim 129:6) maintains that Birkas Kohanim is in fact performed in congregations that fast on these days. This is the custom in some communities; see Luach Eretz Yisrael, Marcheshvan, Ta’anis Sheini Kamma; Ashrei Ha’ish, Orach Chaim I, 23:12.]