There are diverse customs regarding allowing a mourner to serve as chazzan on “minor holidays.”229 Before we set forth some of the commonly accepted practices, it is important to clarify what Mishnah Berurah writes about this matter, as he seems to contradict himself repeatedly regarding which custom he endorses.230 In one place he offers the following rule: On those days on which Lamenatzeiach (during Ashrei-Uva LeTziyon) is omitted, the mourner is excluded from leading the davening, the only exception being erev Yom Kippur.231 Seemingly, this rule extends to all of the tefillos of the day, including Minchah and Ma’ariv.232 However, elsewhere, Mishnah Berurah rules explicitly that a mourner may serve as chazzan for Minchah and Ma’ariv on minor holidays.233 Furthermore, in some places, he even rules that a mourner may lead Shacharis until Hallel, but not Mussaf, on such days;234 while at other times, he implies that a mourner may not lead any part of Shacharis.235
Now, each of these customs are widely followed, and since they all have legitimate and authentic early sources, each shul may continue with their custom.236 Nevertheless, there are some commonly accepted customs:
Chol Hamoed – The accepted custom is that a mourner does not serve as chazzan on Chol Hamoed, even for Minchah and Ma’ariv.237
Purim – The accepted custom is that a mourner does not serve as chazzan on Purim, even for Minchah and Ma’ariv.238 There are differing customs as to a mourner leading the services on Shushan Purim and on the 14th and 15th days of Adar Rishon.239
Chanukah and Rosh Chodesh – There are differing customs as to a mourner leading the davening on days on which Hallel is recited. As mentioned above, each congregation should follow its custom.
Erev Yom Kippur – Although Lamenatzeiach is omitted on erev Yom Kippur, the custom is that mourners are allowed to serve as chazzan.240
Tishah Be’Av – Several Poskim maintain that although Lamenatzeiach is omitted on Tishah Be’Av, it, too, is an exception and the custom is that mourners may serve as chazzan for all tefillos.241
On erev Yom Tov and Isru Chag, some congregations do not recite Lamenatzeiach; those that adhere to the rule that a mourner does not serve as chazzan when Lamenatzeiach is not recited do not allow a mourner to lead the services on these days.242
On less significant minor holidays, even though Tachanun is omitted, a mourner may serve as chazzan for all tefillos. This includes Tu BeShevat, Lag Ba’omer, Tu Be’Av, the entire month of Nissan, the days in between Yom Kippur and Sukkos, and other days on which Tachanun is omitted.243
As mentioned, restricting a mourner from serving as chazzan on Shabbos and Yom Tov is not a halachic requirement, but a universally accepted custom. Hence, there are some exceptions to this custom, especially with regard to the minor holidays, as follows:
If the mourner is the permanent chazzan of his congregation – e.g., he is the hired chazzan of the shul – he may continue to serve in that capacity on Shabbos and Yom Tov.244
If there is no one else who is able to lead the service, the mourner may do so.245
If there is someone else who is able to lead the services but the mourner is more qualified and skilled, many communities allow the mourner to be the chazzan for Rosh Hashanah and Yom Kippur,246 but not for Shabbos or Yom Tov.247
The prevalent custom follows the opinion of the Poskim who permit a mourner who is observing the yahrtzeit of a parent on a Shabbos or Yom Tov to serve as chazzan on the day of the yahrtzeit.248
On the Shabbos prior to a parent’s yahrtzeit – including the Shabbos before the first yahrtzeit – there are different opinions about a mourner serving as chazzan for Mussaf.249 There is no established custom, and one should follow the directive of his shul’s rabbi.
229 Some of the variations in custom may depend upon the different reasons given for this custom as they pertain to different “minor holidays.”
230 See Emes LeYa’akov 683, footnote 596, for a possible explanation as to why Mishnah Berurah contradicts himself in these halachos.
231 Beiur Halachah 132:1 (קנטרס מאמר קדישין). See below for possible exceptions to this rule.
232 An early source for this custom can be found in Bach, Yoreh Deah 384:3. This was the custom of Kesav Sofer (Yad Sofer 37:3), Chazon Ish (Be’er Yisrael, p. 101); R’ Moshe Feinstein (Rivevos Ephraim I:443); R’ Ya’akov Kamenetsky (Emes LeYa’akov 683, footnote 596), who adds that if a mourner wishes to serve as chazzan on such days, he is not to be stopped from doing so; R’ Chaim Kanievsky (Ohr Yisrael, Chanukah, p. 276). This is also the accepted practice in many Chassidic communities; see discussion in Be’er Yisrael ibid., and Divrei Moshe, Orach Chaim 84.
233 Mishnah Berurah 671, note 44 (regarding Chanukah, Tu Be’Av, Tu BeShevat and Lag Ba’omer, but not Chol Hamoed); 683, note 1 (regarding Chanukah and Rosh Chodesh); Sha’ar Hatziyun 581, note 11 (regarding Chanukah). [However, on the first night of Chanukah, a mourner should not light the Chanukah candles in shul because it is not proper for him to recite the berachah of Shehecheyanu in public. If the custom in the shul is that the chazzan lights the candles, a mourner should not serve as chazzan (ibid.).] Other Poskim who endorse this custom include Beis Meir (Yoreh Deah 376); Aruch Hashulchan (Yoreh Deah 376:14) and Maharam Shick (183) citing Chasam Sofer (for a discussion of Chasam Sofer’s position on this matter, see The Laws of Aveilus, p. 254).
234 Mishnah Berurah 581, note 7, citing Machatzis Hashekel. There, Mishnah Berurah cites Chayei Adam who reports that the Vilna Gaon did not permit mourners to serve as chazzan for Shacharis on Rosh Chodesh. (This is also found in earlier sources such as Maharam Mintz 43 and Eliyah Rabbah 132, Dinei Kaddish 7, and is endorsed by Gesher Hachaim I, 23:4-5 and R’ Yosef Shalom Elyashiv, cited in Tziyunei Halachah, Aveilus, p. 469.)
235 Mishnah Berurah 683, note 1, regarding Chanukah and Rosh Chodesh, since Hallel is recited on these days. Presumably, Purim, too, is included in this ruling; see Koveitz Halachos, Purim 10, footnote 4.
236 Divrei Yatziv IV:236.
237 Mishnah Berurah 671, note 44; Da’as Torah 376:4. Although Aruch Hashulchan (Yoreh Deah 376:14) permits a mourner to lead the services for Minchah and Ma’ariv on Chol Hamoed, the custom does not follow his opinion (Gesher Hachaim I, 23, 4:4; Halichos Shlomo, Tefillah 18:19).
238 Halichos Even Yisrael 61:11, based on Maharil 22 and Maharam Mintz 43. [See Aliyos Eliyahu (Ma’alos Hasulam, Kuntreis Acharon 6) where it is reported that the Vilna Gaon did not allow a mourner to serve as chazzan for Minchah on Purim.]
239 R’ Shlomo Zalman Auerbach (Halichos Shlomo, Tefillah 18:8) stated that the custom is not to allow mourners to serve as chazzan on these days.
240 Beiur Halachah 132:1 (קונטרס מאמר קדישין).
241 Halichos Shlomo, Tefillah 19, Devar Halachah 24; Koveitz Mibeis Levi 13, p. 46, citing R’ Shmuel Wosner; for further discussion and a possible dissenting opinion see Mekadesh Yisrael, Bein Hametzarim 278.
242 This should certainly be the custom at Minchah on erev Pesach.
243 While this is the standard custom, some communities do not allow mourners to serve as chazzan on such days; see Darkei Chaim Veshalom 634.
244 Bach, Yoreh Deah 384:3; Aruch Hashulchan, Yoreh Deah 376:14; Kaf Hachaim 581:33; Gesher Hachaim I, 23, 4:3.
245 Mishnah Berurah 581, note 7; 696, note 12, citing Binyan Olam.
246 Kitzur Shulchan Aruch 128:8; Mateh Ephraim 581:24. This is especially true for someone who has established the practice of serving as chazzan at a particular shul and refuses to give it up, even if he is not definitively better than the other options; see Elef Hamagen 581:47.
247 Bach, Yoreh Deah 384:3 (concerning Yom Tov) and Baddei Hashulchan 376:104 with Tziyunim 282 (concerning Shabbos).
248 Levushei Mordechai, Yoreh Deah (Tlisai) 16; Gesher Hachaim I, 23, 4:8; Minchas Yitzchak IX:34; Shemiras Shabbos Kehilchasah 65, note 118, citing R’ Shlomo Zalman Auerbach; Betzeil Hachochmah IV:129. A minority view dissents; see Divrei Malkiel VI:23 and Tziyunei Halachah, p. 562, quoting R’ Yosef Shalom Elyashiv.
249 R’ Shlomo Zalman Auerbach (cited in Shemiras Shabbos Kehilchasah 65, footnote 118) and R’ Yosef Shalom Elyashiv (Koveitz Teshuvos II:18) prohibit this, while Minchas Yitzchak (IX:134), Shevet Halevi (III:165) and Betzeil Hachochmah (IV:129) permit it.