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R. Akiva Eger (on Shulchan Aruch 559:3) cogently argues that one should never recite kaddish between maftir and haftarah, as such an interruption would mean that one does not fulfill the requirement for the one who reads the haftarah to first read from the torah.

This is based on Shulchan Aruch and Rema 282:5 (as explained by Magen Avraham) who rule that one cannot recite kaddish after the seventh aliyah on shabbat morning and proceed immediately to read the haftarah (even bedi'avad), for this very reason.

R. Akiva Eger is therefore puzzled by the common custom to recite kaddish between the third aliyah and the haftarah on the morning of Tish'ah beAv. Nevertheless, commmon ashkenazi custom is indeed to recite kaddish at this point. (See e.g. here.)

What defenses of the common custom (against R. Akiva Eger's arguments) have been offered? How do we reconcile the custom to recite kaddish immediately before the haftarah on the morning of Tish'ah beAv, with the ruling of Shulchan Aruch and Rema the one cannot recite kaddish after the seventh aliyah on shabbat morning and proceed immediately to read the haftarah (even bedi'avad)?

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R. Shmuel HaLevi Wosner in Shevet HaLevi vol. X 83 justifies the custom to recite kaddish before the haftarah on the morning of Tish'ah BeAv.

He writes that the rule that the one who reads the haftarah must first read from the torah only ever applies to the regular reading on shabbat, so as not to cause a cheapening of the torah in the eyes of the people. But a once-a-year reading of the haftarah of Tish'ah BeAv disconnected from a torah-reading will not cause such a cheapening.

Further, there is good reason to separate the haftarah from the preceding torah-reading, as the haftarah is, to some extent, the start of the kinnot.

  • The RI Migash (Shut 89) disagrees with limiting this idea to Shabbat (and Y"T?), extending it to 9 Av as well. (Although, he also doesn't subscribe to having a kaddish after Torah reading on 9 Av...) – magicker72 Jul 14 '20 at 15:26
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Kaf HaChaim 559:40 says the reason we say Kadish after the reading of the Torah is based on the Rokaiach who says it has to do with the Shaim Hamiforash.

Seems to be a mystical reason.

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    I think all the Rokeach is saying is that every keriat hatorah requires that it be followed by a kaddish – Joel K Jul 13 '20 at 16:37
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    It’s still not clear to me why that couldn’t be achieved by saying kaddish after haftarah – Joel K Jul 13 '20 at 16:38
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I am including a scan from the siddur from Rav Yaacov EmdenSidder R' Yaacov Emden

It answers your question by saying that this is an unusual kaddish. The third aliyah is considered maftir as Tisha Baavi does not merit to have more aliyahs than rosh chodesh or chol hamoed so there isn't three regular aliyas, then a kaddish and then maftir as one might expect. So we end up dividing the maftir and the haftorah with a kaddish despite it's not ideal. On shabbat morning one can add an extra aliyah so we do not need to do this split.

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    His reason for not doing like a normal fast day mincha is that we start kinnot immediately after putting the Torah back (and you left that important part out of your English description). But why not say kaddish before kinnot? – magicker72 Jul 13 '20 at 16:04
  • @magicker72 Or after haftarah and before returning the Torah? – Joel K Jul 13 '20 at 16:18
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    I wonder if the idea is to include the haftara as part of the kinnot @magicker72 . But I don't see how this source answers the question; it just repeats the question with no answer. – Double AA Jul 13 '20 at 17:10
  • @magicker72 and DoubleAA. Please re-read the part in bold of JoelK's question. Not what precedes it as this is the question I have provided an answer for. On Shabbos you do not have to interrupt between the maftir and kaddish as you have an option of adding an 8th aliyah which comes after the kaddish. On T.B., the source explains, you do not have that option. But a kaddish is needed as maftir is supposed to be divided as normally it doesn't count as the required aliyos (yes is can be bedieved but put that to the side) so that is why the kaddish is there and how it's setup for that day. – Geltman Jul 14 '20 at 5:11
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    @Geltman what you're saying just isn't true. On a Shabbat when you can't add an 8th Aliya you just say kaddish after the haftara. Why not do the same thing on tisha bav. "But a kaddish is needed as maftir is supposed to be divided as normally it doesn't count as the required aliyos (yes is can be bedieved but put that to the side)" why put that aside? If you just ignore the difficulty then indeed you won't see the question. That's not an answer though. – Double AA Jul 14 '20 at 10:01

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