When the Congregation's Minhag in Tachanun is Different from Yours

Courtesy of Ohr Olam Mishnah Berurah

Question: If someone is davening in a congregation whose custom deviates from his own, how should he conduct himself when it comes to Tachanun?

Discussion: First, we should clarify the halachic issues that could potentially be involved in diverging from the custom of the congregation: Included in the Biblical prohibition of Lo Sisgodedu (Devarim 14:1) is a prohibition against forming separate “factions.”121 Included in this is that individuals within a single framework may not practice conflicting applications of halachah. Thus, it is prohibited for members of a single community to be practicing conflicting halachic behaviors if there is a single halachic authority. If there are multiple halachic authorities, it is permitted for different people to be practicing different interpretations of halachah.122 However, the Poskim write that it is possible that within the confines of a single congregation, the prohibition may still apply.123

A further question is whether or not this prohibition applies to issues of custom. The Gemara (Yevamos 13b) seems to limit this prohibition to actual halachos and rulings of courts, not to a divergence in matters of custom. However, Rema 493:2 does apply it to customs.124 Mishnah Berurah (131, note 6) cites Chayei Adam who writes explicitly that one should not deviate from the custom of the shul in which one finds himself regarding which arm one leans on while reciting Tachanun because of the prohibition of Lo Sisgodedu. It is evident from these Poskim that they are concerned with this prohibition even in matters of custom.125

However, this application of Lo Sisgodedu seems to be the matter of much debate by the Poskim.126 Among the different criteria we find that the Acharonim use to define the parameters of Lo Sisgodedu are the following:

Some say that the prohibition applies only when a scholar instructs his followers to deviate from local custom.127

Minor differences, such as a divergence of nusach, are not significant enough to invoke Lo Sisgodedu.128

The prohibition concerns only actions, but not speech.129

Aside from the question of Lo Sisgodedu there still may be an additional issue that prohibits deviating from the custom of the congregation. There is a rabbinic edict, Le’olam al yeshaneh adam mipnei hamachlokes – “One should never deviate because it leads to discord.”130 Thus, all Poskim agree that one should not deviate in a noticeable manner and that one should minimize any deviation to the extent that it is possible, if it may cause discord.

With this in mind, we can understand the following guidelines pertaining to Tachanun, as set forth by the Poskim:

One may recite the text of Tachanun in one’s own nusach in an undertone.131 Even Vehu Rachum, which may be recited out loud, may be recited quietly in one’s own nusach, if one finds it difficult to change from his own nusach.132

Vidui and the Thirteen Attributes of Mercy should be recited with the congregation before Tachanun, even if one’s own custom is not to do so.133 One whose custom is to recite Vidui may do so in an undertone in a shul that does not recite it, but may not strike his chest as he usually does.134 The Thirteen Attributes of Mercy, however, may not be recited, since they are recited only by a minyan, not by an individual.135

An Ashkenazi who is present at a Sephardic minyan that does not perform Nefilas Apayim should recite Tachanun without falling on his face.136 However, a Sephardi who is present at an Ashkenazic minyan that does fall on their faces, may recite Tachanun without falling on his face, as the congregation is not witness to his deviation from their custom.137

If one is davening in a shul whose custom is to recite Tachanun at a different juncture than one’s own custom [e.g., if one who davens nusach Ashkenaz and recites Tachanun after Vehu Rachum, davens in a shul that davens nusach Sefard], some Poskim rule that one should always recite Tachanun together with the congregation, as doing otherwise would constitute deviating from the congregation in a noticeable manner.138 However, others rule that since it is well known that there are variant customs as to when Tachanun is recited, there is no concern for creating a conflict with the other members of the congregation and so one may follow his own custom.139

As mentioned, there are different customs about which arm to lean on, and Mishnah Berurah rules that one should follow the custom of the congregation. However, some Poskim rule that nowadays, due to the proliferation of different customs among communities, it is not an issue to deviate from the primary custom of the congregation in this matter, so long as there is some familiarity among the congregants with the divergent custom.140 Some Poskim recommend that in this case one should use both arms.141

On days when the congregation omits Tachanun due to a legitimate custom, even if one’s own custom is to recite Tachanun he should not recite it. This includes the custom of many communities who daven nusach Sefard not to recite Tachanun at Minchah.142 If, however, the congregation omits Tachanun for a reason which is not sourced in the Poskim, one should recite Tachanun, and there is no concern of deviating from their custom or for acting in arrogant manner.143

If one is serving as chazzan, he may not deviate from the custom of the congregation.144

121 The simple meaning of this verse is a prohibition against tearing one’s skin in mourning, but Chazal (Yevamos 13b) derive from here that we should not divide ourselves into “groups” (agudos). Many Poskim assume that this is a Biblical prohibition; see for example, Pri Megadim, Eishel Avraham 493:6; Ha’amek Davar, Devarim 14:1; Igros Moshe, Orach Chaim IV:34.

122 This is the opinion of Rava (Yevamos ibid.). Abaye disagrees and prohibits this. Generally, halachah follows the opinion of Rava. However, the opinion of Rambam on this issue is not entirely clear; for discussion see Lechem Mishneh, Avodah Zarah 12:14.

123 Based on Sha’arei Teshuvah 693:1; Beiur Halachah 468:4, ד"ה וחמרי; Igros Moshe, Orach Chaim I:159, and Even Ha’ezer I:59.

124 See Magen Avraham ad loc. 6 with Pri Megadim for discussion of Rema’s view.

125 For additional places where Mishnah Berurah seems to rule this way, see 31, note 8; 131, note 6; 493, note 16; 624, note 16; 661, note 2. [See Hilchos Yom Beyom IV, p. 171, for a possible reason why Lo Sisgodedu would apply specifically in this case even if it generally does not apply to matters of custom.]

126 See Meishiv Davar I, 17:3-5; as well as Teshuvos Maharam Brisk, Orach Chaim 51, speaking specifically about deviations in matter of Tachanun.

127 See Keren Orah, Yevamos 13b. See also Tosafos Rid ibid.; Da’as Torah, Orach Chaim 493:3; and Teshuvos Maharshag II:12.

128 See Eishel Avraham (Buczacz) Orach Chaim 51:1; Teshuvos Uvacharta Bachaim 24; Kaf Hachaim 661:2; and Aruch Hashulchan 651:22.

129 Salmas Chayim (Sonnenfeld), Inyanim Shonim 38, 39.

130 This concept is cited as halachah in Shulchan Aruch 568:4. See also Keser Rosh 37 where the Vilna Gaon is quoted as saying that “differences in custom lead to estrangement amongst Jews.”

131 Igros Moshe, Orach Chaim II:23; Halichos Shlomo, Tefillah 5, Devar Halachah 35; cf. Pe’as Hashulchan (Hilchos Eretz Yisrael 3:14 with Beis Yisrael 32) who is stringent.

132 Igros Moshe ibid.

133 Igros Moshe, Orach Chaim III:89; Teshuvos Vehanhagos I:114; R’ Chaim Kanievsky, She’eilas Rav I, 2:11:27. [Even one who is not part of a minyan that is reciting the Thirteen Attributes of Mercy should join in reciting them if he overhears them being recited (Igros Moshe ibid).]

134 Igros Moshe, Orach Chaim IV:34; Ohr Letziyon II, Dinei Nefilas Apayim 9:1; Be’er Moshe VII, p. 208.

135 Igros Moshe (ibid.) and Ohr Letziyon (ibid.) add that an individual may recite them if he reads them with the traditional singsong of one reading from the Torah.

136 R’ Shlomo Zalman Auerbach (Halichos Shlomo, Tefillah 5:35); R’ Yosef Shalom Elyashiv (Ashrei Ha’ish Orach Chaim I, 24:6).

137 Ashrei Ha’ish ibid.

138 Igros Moshe Orach Chaim III:89; Az Nidberu V:26; Halichos Shlomo, ibid. See, however, Ishei Yisrael 25, footnote 21, who cites R’ Shlomo Zalman Auerbach as ruling that one may follow his custom as to when to recite Tachanun even if it deviates from that of the shul so long as there are others in shul who are also reciting Tachanun at that point, but not if he will be the only person doing so.

139 Tefillah Kehilchasah 4, footnote 26, and Ishei Yisrael 25, footnote 21, both citing R’ Yosef Shalom Elyashiv. See also Kinyan Torah II:18.

140 R’ Serayah Deblitzky (Derech Yesharah 17:1). See also the ruling of R’ Yosef Shalom Elyashiv cited in Ashrei Ha’ish ibid., which should apply in this case.

141 Igros Moshe, Orach Chaim V, 20:19. (See also Orchos Rabbeinu Vol. 1, p. 132 [5774 ed.], citing this practice as the custom of R’ Ya’akov Yisrael Kanievsky, who was left-handed.)

142 Halichos Shlomo, Tefillah 13:5; see also Devar Yehoshua, Yoreh Deah III:75.

143 Tefillah Kehilchashah 15, footnote 37, citing R’ Moshe Feinstein; R’ Yosef Shalom Elyashiv (Ashrei Ha’ish, Orach Chaim I, 24:10); Yabia Omer III:11. R’ Chaim Kanievsky (cited in Ishei Yisrael 25, footnote 46) rules that in this case one should say Tachanun after davening.

144 Avnei Neizer, Orach Chaim 29.