Thank you very much for answering me each time I have a question. It helps me a lot. And I know that I can rely on the Rav.
One boy asked me if there is a case where we say "Kel melech Neeman", even where there is a minyam ? It seems to be in a special circumstance ? Is there such a case in the halaha? I searched, without success, so I come towards the Rav, waiting for your precious advice.
Thank you by advance.
There is much discussion among the Rishonim regarding whether or not it is appropriate to say "Kel Melech Neman" when with a Minyan, and there were places that had this custom (see i.e. Ramban on Berachos 11b). However, the Remah Paskens unequivocally (O.C. 61:3) that its should not be said when one is part of a regular Minyan,and this is the consensus of the Poskim.
The only possible exception I can think of is if someone cannot hear the Chazan recite "Hash-m Elokeichem Emes" such as if he is deaf, there is an argument to make (though it is not simple) that he should always say "Kel Melech Neman," as there is a need for him to recite the two hundred forty eight words which correspond to the body, as is stated in the Medrash and is quoted in Halachah.
All the best,
It is worth noting however that the sephardim always say hashem elokeichem emet a second time even on their own, or where you don't trust the chazan, rather than relying on kel melch neeman to make up the words.
Is there any discussion in any area of Halachic literature where Kel Melech Neeman is identified as a Hefsake and therefore should not be said in any situation?
I had the impression that if one came to shul after the tzibbur and the shatz finished Shema (say for Maariv) he would say Kel Melch Neeman before Shema in his own Shema. Is this incorrect?
The Ramban quoted above says exactly that. Saying Kel Melech Neman between Ahavas Olam (Rabah) and Shema is a Hefsek. This is the primary reason that the Ramban (along with the Ramah) rejected the custom which he witnessed where people would always say Kel Melech Neman between Shema and Ahavah Olam. It is important to note that even answering Amen itself can sometimes be considered a Hefsek, as is most widely known from the Berachah of Ga'al Yisrael before Shemoneh Esrei of Shacharis.
It seems from the Mishnah Berurah that if one comes to shul after the Tzibur and Shatz finished Shema that he would say Kel Melech Neman before saying Shema. Although the Ramban and others side with the assumption that Kel Melech Neman should be a Hefsek, there are those, such as the MEIRI, who argue. This is why many Poskim codify that when Davening b'Tzibur one should fulfill these three words in a different fashion, as we try to avoid the possible Hefsek. However, when Davening in private or when unable to hear the words from a Chazan, we rely on the opinions who say that this is not a Hefsek (for more on this topic, see Shulchan Aruch 59:4, Mishnah Berurah 59:24-5, Biur Halachah DH "v'Lo Yaneh," and Ishei Yisrael ch. 20 note 68). [I assumed that the original questioner was asking about a case where someone who would be holding with the Tzibur would still say Kel Melech Neman, which is why I did not give your answer.]
All the best,
In your answer to my question about Kel Melech Neeman being a Hefsake the example you cite is in Mariv. Would the same be true for Shacharit?
All the best,