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Parshat Shemini: Affirmation of Divine Justice (Tziduk Ha-din)

On the day following Yom Tov (Isru Chag), we do not recite Tachanun (a penitential prayer recited on all non-festive days). In fact, the custom is not to recite it during the entire month of Nissan. During the same time, we also omit eulogies and Tziduk Ha-din. (Tziduk Ha-din is a prayer which affirms G-d’s justice and righteousness, and is recited after a death, usually at the funeral.) Nevertheless, the Encyclopedia Talmudit cites the observation of the Shibolei HaLeket that for mourners on Isru Chag “The custom is to recite Tziduk Ha-din together (be-yachad). The normal way would be more like a eulogy (and thus prohibited).” This makes it clear that there are two styles of reciting Tziduk Ha-din at a funeral – either one person reads the words and everyone repeats after him, which is not permitted on Isru Chag, or everyone recites it together, which is permitted.

It seems that with the passage of time, people stopped being familiar with these two styles. This leads the Beit Yosef (citing the Agur) to write, “Tziduk Ha-din may be recited only when praying alone (be-yachid).” Accordingly, the custom today is that when praying with a congregation, during the month of Nissan we do not say the prayer of Tzidkat’cha Tzedek at Mincha on Shabbat. This is because this prayer is essentially Tziduk Ha-din for Moshe Rabbeinu, who died on Shabbat at Mincha time. Thus, reciting it in shul would be a communal Tziduk Ha-din.

It should be noted that Parshat Shemini records the death of two of Aharon’s sons. Aharon reacted with silence (“Va-yidom Aharon”). Since Aharon was in effect affirming G-d’s justice, perhaps he did so silently because it was during Nissan.

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