Question: How should one position oneself while reciting the Thirteen Attributes of Mercy? Also, can a single, unmarried young man serve as Chazzan? Furthermore, if one summons a fellow Jew to secular court against the guidelines of Halacha, may such an individual serve as Chazzan?
Answer: The primary part of Selichot recited during Elul and the Ten Days of Repentance is, no doubt, Hashem’s Thirteen Attributes of Mercy.
When reciting “Hashem, Hashem,” one must pause slightly between these words so as not to recite them consecutively. The Poskim write that recited the name of Hashem twice consecutively, without a short pause, is a grave sin.
Regarding raising one’s heels while reciting “Hashem, Hashem” as some people do, Maran Ha’Chida writes (in his Shiyurei Beracha, Chapter 131) that this practice is incorrect and that one should not raise one’s heels as one would during “Kadosh, Kadosh, Kadosh.” Rather, one should remain standing, as usual. Maran zt”l rules likewise in his Chazon Ovadia- Yamim Nora’im, page 32.
Nevertheless, many Poskim write that one should bow slightly while reciting “Hashem.” (We have observed Maran zt”l bowing slightly while reciting the word “Va’ya’avor.”)
Maran zt”l writes that since the Thirteen Attributes of Mercy takes precedence over any of the other Selichot texts, if time is short and one cannot recite all the texts, one should skip the poem “Im Afess” and only read the last three stanzas and omit “Bezochri Al Mishkavi” and “Elecha Hashem.”
Regarding our second question whether it is permissible for a Chazzan’s helper during the High Holidays to be a single man and whether one separated from one’s wife may serve as Chazzan:
Preferably, the Chazzan should be married, as codified by the Rama (Chapter 581). However, the Nehar Mitzrayim writes that the custom in Jerusalem was that a Chazzan’s helper may be single, as long as they are worthy of serving in this capacity. Indeed, for many years, Hagaon Harav Golan Aluf Shlit”a stood alongside Maran zt”l throughout the High Holiday prayers although he was still single at the time. Regarding a man separated from his wife because he has traveled abroad to serve as Chazzan, this is not an issue whatsoever. However, if one is separated due to marital discord and the like, the Kaf Ha’Chaim (ibid, Subsection 46) rules that such an individual should not serve as Chazzan. There are nonetheless many details that must be considered and therefore, one should always be sure to as a competent halachic authority regarding any circumstance.
Regarding the question of whether one who summons another Jew to secular court may serve as Chazzan, Hagaon Rabbeinu Aharon Sasson (leading sage of Istanbul shortly after the passing of Maran Ha’Bet Yosef) writes in his Responsa Torat Emet (Chapter 158) that it is quite clear that one who refused to have one’s case adjudicated in a rabbinical court and instead goes to a secular court may not serve as Chazzan on Rosh Hashanah and Yom Kippur. He is truly deserving of great punishment for this most severe sin. Maran Rabbeinu Ovadia Yosef zt”l adds (Chazon Ovadia- ibid, page 39; Yechave Da’at, Volume 4, Chapter 65) that there is no doubt that the same law applies to one who summons another to the secular court system in the State of Israel, for the Jewish justices in this system are much worse that non-Jewish judges who are not obligated to rule in accordance with Torah law. Indeed, a few years ago, an Arab judge sitting on Israel’s High Court ruled in favor of the Torah-observant community in Israel (regarding separation of the genders at events) while the Jewish justices wickedly ruled against Halacha, forbidding the observance of Torah law. They showed the world their true face by brazenly taking a stand against Hashem and His holy Torah and thus, one must stay far away from anything associated with them.
