Siman 128, Se'if 8 · Introduction: whom this halacha concerns

Shulchan Aruch, Siman 128, se'if 8

"If he moved from his place in order to go up to the duchan, then even if he did not arrive there until after the chazzan finished 'Retzei,' it is fine; but if he did not move his feet during 'Retzei,' he may no longer go up."

(Shulchan Aruch)

Introduction: whom this halacha concerns

• The character of this siman: Most of the siman deals with halachos that apply to the kohanim themselves, but a good part of it concerns the tzibbur as well, and at times the chazzan in particular, who has to know how to conduct himself.
• The halacha before us: This is an unusual din, and at first it is hard to understand: the kohen must move his feet specifically while "Retzei" is being said, and if he did not, he no longer goes up to the duchan. From here there is also a practical ramification for the chazzan.

The time of the akirah, moving one's feet (Mishnah Berurah, s.k. 25)

"When the chazzan begins 'Retzei': that is to say, l'chatchilah the kohen should be careful to move at the moment the chazzan begins 'Retzei,' and if he did not move until the chazzan had already begun 'Retzei,' as long as he has not finished the berachah of Retzei it is fine."

(Mishnah Berurah, s.k. 25)

• L'chatchilah: The moment the chazzan opens with "Retzei," the kohen should perform an act of moving his feet that shows he is preparing to go up to the duchan.
• B'dieved: If he moved in the middle of the berachah of Retzei, before the chazzan finished it, that suffices.
• More lenient opinions: Some say that even if he moved while the tzibbur was answering amen to the berachah of Retzei, it suffices. And some go further: as long as the chazzan has not yet begun "Modim," he is still considered to be standing in the berachah of Retzei, since he has not opened a new berachah.

The reason for the halacha: Retzei is the berachah of the avodah (Mishnah Berurah, s.k. 26)

"As it says, 'And Aharon lifted his hands toward the people and blessed them,' and afterwards it is written, 'and he came down from performing the sin offering, the burnt offering and the peace offerings,' which implies that he blessed them before he had taken leave of the avodah. Therefore they instituted in tefillah as well that the kohanim go up to the duchan before the conclusion of the berachah of the avodah."

(Mishnah Berurah, s.k. 26)

• The source of the pesukim: These words are said in Parshas Shemini, at the dedication of the mizbe'ach. "And Aharon lifted his hands toward the people" is nesias kapayim, and "and he blessed them" is Birkas Kohanim, even though the text of Birkas Kohanim is not spelled out there.
• The inference: Coming down from the mizbe'ach is mentioned only after the berachah, and from this we see that Aharon blessed the people while he was still in the midst of the avodah, and only afterwards finished and came down.
• The parallel in our day: We have no avodah, but we do have the berachah of the avodah, namely "Retzei Hashem Elokeinu b'amcha Yisrael... v'hashev es ha'avodah lidvir beisecha." Therefore the kohen must show readiness and begin his preparations to go up to the duchan while the chazzan is still standing in the berachah of the avodah, just as Aharon blessed the people in the midst of the avodah.

He need not reach the duchan in time, only to move in time

• The wording "until the chazzan finishes" is not precise: It is not literal. Even if the kohen does not reach the place of the duchan until the chazzan has finished the berachah of Modim, it is fine.
• What counts is the moment of the akirah: Once he moved his feet during Retzei, he has shown his readiness at the time of the berachah of the avodah, and from that point it makes no difference when he actually arrived at the duchan.

Which movement counts as an akirah

"They further wrote that the primary akirah is the one after washing, for it is then that he is fit to go up to the duchan. Therefore they should move their feet to wash their hands before Retzei, and during Retzei he should move his feet to walk to the place designated for their duchan."

(Mishnah Berurah)

• The difficulty: The kohanim in any case move from their places early, already at the berachah of "Hashivah Shofteinu," and go out to wash their hands. Seemingly they have already moved their feet long before Retzei.
• The resolution: Walking to wash one's hands is not considered an akirah, since at that moment he is not yet fit to go up to the duchan, and the direction of his walking is not toward the duchan but toward the place of washing. An akirah counts only when he is already able to go up and is headed toward the place of the duchan.
• The proper sequence: The kohanim leave early so as to manage to wash their hands before Retzei, and when the chazzan reaches Retzei they move their feet from the place where they washed and head toward the duchan.

B'dieved, and what does not count as an akirah

"And b'dieved, if he did not wash his hands before Retzei, and if he goes to wash the chazzan will finish the berachah of Retzei, even so he should move during Retzei to go to the place of the duchan and then wash his hands there, having water brought to him near the place of the duchan."

(Mishnah Berurah)

"But if he did not move during Retzei, and even if he moved his feet to go outside to wash his hands, the Beis Kohanim inclines to say that this is still not considered an akirah, even though the washing is now for the sake of nesias kapayim, for we require an akirah toward the place of the duchan, and this akirah of his was toward the outside."

(Mishnah Berurah)

• The principle that emerges: Even when the washing is done for the sake of nesias kapayim, walking outside is not an akirah, because what is required is a movement directed toward the place of the duchan. B'dieved it is preferable that he move during Retzei toward the duchan and have water brought to him there, so that the akirah is recognizably one that is toward the duchan.

The practical ramification for the chazzan

"Therefore the minhag is that when the chazzan reaches Retzei and the kohanim have not yet come into the sanctuary, he waits in his tefillah until they come, for we are concerned that they may not yet have moved their feet from the place of washing to head toward the duchan."

(Mishnah Berurah)

• The reason for the minhag: The chazzan cannot see what is happening at the place of washing, and does not know whether the kohanim have already moved their feet toward the duchan. Therefore, when he reaches Retzei and no kohen is to be seen in shul, he is concerned that perhaps they have not yet moved, and he waits.
• What is enough: The kohanim need not actually arrive at the duchan. It is enough that the chazzan sees them entering the shul and advancing toward the duchan, and then he continues his tefillah.
• Why wait if b'dieved we are lenient: Even though strictly speaking he could begin and they would arrive in the middle, the waiting is meant to avoid entering into doubts in the first place.

A kohen who did not move his feet during Retzei

• The basic halacha: The matter is serious enough that if he did not do what he was supposed to do, he no longer goes up to the duchan.
• If he went up anyway: There is a dispute. Some say we take him down, since he did not act according to the halacha; and some say that once he has already gone up we do not take him down, so as not to embarrass him.

A kohen who knows he will not make it, and exemption from the mitzvas asei

• The underlying principle: The positive mitzvah of nesias kapayim applies to the kohen only when he is called to go up to the duchan. As long as he has not been called, and as long as he has not washed his hands, he has not transgressed a mitzvas asei.
• The practical conclusion: A kohen who sees that there is a problem, for example that he finished Shemoneh Esrei late, may remain outside, not wash his hands and not hear the call of "Kohanim," and even come in afterwards. He has not nullified a mitzvah and has not committed an aveirah, since he was never obligated where he was not called, just as one who was not called up to the Torah has not committed an aveirah.
• A source in the Yerushalmi: The Yerushalmi relates about two Amoraim. One was weak and was afraid to go up to the duchan, so he would go outside, and one would hide among the pillars so that he would not be seen and told to go up. From here we learn the course for a kohen who feels there is a problem: not to go up, and to be careful not to hear the call of "Kohanim" and not to wash his hands.

(An explanation of the situation of those Amoraim will be given further on.)

In passing · points that came up in the shiur

1. "Hamachazir Shechinaso l'Tzion" and the berachah of the avodah

• The question: The berachah of Retzei concludes with "Hamachazir Shechinaso l'Tzion," which seemingly is not a berachah about the avodah.
• The answer: The body of the berachah says explicitly "v'hashev es ha'avodah lidvir beisecha," and that is the berachah of the avodah. Also, the conclusion "Hamachazir Shechinaso l'Tzion" does not mean merely a resting of the Shechinah, but that the Ribbono shel Olam should dwell in Tzion, that is, in the Beis Hamikdash, and the avodah will be renewed.
• A distinction: Regarding "Modim" the comment would have been justified, since it has no connection to the matter of the avodah, but Retzei is the berachah of the avodah.

2. Speaking between washing the hands and nesias kapayim

• The parallel from washing for a seudah: The problem with speaking is not the speech itself but the interruption. The Gemara required that the berachah follow immediately upon the washing, and if one begins to talk, time passes between the end of the washing and the berachah.
• With the kohanim: Strictly speaking the problem is more severe, since the allotted interval from the end of the washing until Birkas Kohanim is the time it takes to walk twenty two amos, a very short time.
• The reality today: In their times they would wash close to the place of the duchan, whereas today in most shuls one has to go outside and sometimes into the courtyard. Therefore the poskim found grounds for leniency in this halacha, some counting the time not from the end of the washing but from a different stage. In any case, strictly speaking one should not speak, because of the interruption.
• Talking on the way, and giving a "yasher koach": Talking a great deal on the way to the duchan and back is improper, and even shaking hands and saying "yasher koach" on the way to the duchan is not fitting, since it delays and interrupts.

3. The measure of the kohanim's washing

"Even though the kohanim washed their hands in the morning, they wash them again up to the wrist."

(Shulchan Aruch, Siman 128, se'if 6)

• The extent of the washing: Up to the wrist, meaning the entire palm of the hand and not only the fingers, as with an ordinary netilas yadayim.
• The amount of water: A revi'is, the same measure as for an ordinary netilas yadayim.
• The manner of washing: One may place one hand on top of the other and wash both, and even both at once.