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04 – Immigrants and Communities that Migrated

In the past, when the distance between communities was great, Ashkenazim lived in Ashkenaz, Sephardim in Spain, and Yemenites in Yemen. Any person who moved to another place would adopt the minhag of his new place and practice the customs of the local Jews regarding halachah and prayer. For example, people with the family name “Ashkenazi” follow the Sephardic customs yet are called “Ashkenazi” because they migrated from Ashkenaz to Spain. Likewise, families that migrated from Spain to Ashkenaz accepted upon themselves the Ashkenazic customs. Even if, over the course of time, many people migrate to a community and become the majority there, as long as they arrive as individuals, they are outweighed by the community in which they settle, and must practice according to the custom of the new place (Shulchan Aruch Yoreh De’ah 214:2; Orach Chaim 468:4; Mishnah Berurah 14).

The law is similar regarding a woman who married a man from a different ethnic group. She is considered someone who migrated from her community to his. She must abide by his practices, whether they are more strict or lenient, and she need not perform a hatarat nedarim (an annulment of vows) (Igrot Moshe, Orach Chaim, part 1, 158).^[2]

When an entire community migrates to another place, since it is its own entity, it does not need to conform to the customs of the people there (Bei’ur Halachah 468:4). Even if the original people are the majority, as long as the new ones are united as an independent community, they should continue their initial minhagim. Similarly, that is the law in Israel today. By Hashem’s grace we merited a great ingathering of Jews from the Diaspora (kibbutz galuyot). Myriads of differing ethnic groups arrived, including talmidei chachamim, and each and every ethnic group founded its own synagogue. Therefore, no ethnic group is invalidated in regard to another and each must preserve its own minhagim.

[2]. However, if her husband does not mind, she may continue to pray according to her previous nusach (Halichot Shlomo 1, note 7). Nevertheless, it is proper for her to switch to her husband’s nusach before her children reach the age of understanding, so they will not be confused why their parents are praying in different nusachim (Tefillah Kehilchatah 4, note 4).However, if her husband does not mind, she may continue to pray according to her previous nusach (Halichot Shlomo 1, note 7). Nevertheless, it is proper for her to switch to her husband’s nusach before her children reach the age of understanding, so they will not be confused why their parents are praying in different nusachim (Tefillah Kehilchatah 4, note 4).

05 – Praying in a Minyan Conducted in a Different Nusach

Some poskim say that when a person who is accustomed to one nusach goes to pray in a minyan held in a different nusach, he must pray according to the nusach of the minyan he is attending, because the individuals must follow the majority. If he practices according to his own minhag in front of the people in the congregation, it constitutes a transgression of the prohibition “lo titgodedu” (fragmenting the nation into divergent groups). This prohibition disallows having one court of law (beit din) with some judges who rule according to the method of Beit Shamai and others who rule according to Beit Hillel, so that the Torah will not be divided into two seemingly different Torahs (Yevamot 14a, according to the Rif and the Rosh). Hence, the people of one synagogue should not pray in two different nusachim. Furthermore, the Chachamim teach (Pesachim 50b) that a person must not stray from the custom of a place so as not to generate dispute (Pe’at HaShulchan 3:14).

According to most poskim, one is permitted to pray in his family’s nusach those parts of the prayer service that are recited silently. Since the differences are not noticeable, there is no fear of dispute, nor is there any transgression of the prohibition, “lo titgodedu.” However, prayers recited aloud should be prayed in the nusach of the minyan so as not to create controversy and disparity among the members of the congregation.^[3]

One who must regularly pray in a minyan conducted in a different nusach, e.g., because he moves to a place in which the only minyan prays in a different nusach or because he prays in the minyan that will strengthen his religiosity, is permitted to decide whether to pray in its nusach, or adhere to his own family’s custom, reciting the parts said aloud like the congregation.

The chazan leading the prayer service in a synagogue employing a nusach that is different from his own must pray according to the minhag of the place because he is praying as the people’s emissary. However, for the silent prayers, he may pray according to his own minhag.^[4]

[3].The prayers recited silently may be prayed in one’s own nusach. However, the Kedushah, which is recited out loud, should be prayed in the chazan’s nusach, as written in Shut Sho’el U’Meishiv Edition 3, 1:247, Meishiv Davar 1:17, Shivat Tzion 5, Igrot Moshe, Orach Chaim, part 2, 23, and Minchat Yitzchak 7:5. Regarding Pesukei d’Zimrah, Birkot Keriat Shema, and Nefillat Apayim, the poskim are uncertain. According to the Igrot Moshe, Orach Chaim, part 2, 23, since one is permitted to say Pesukei d’Zimrah out loud, it is better that he says them in the chazan’s nusach. Similarly, concerning the matter of Nefillat Apayim on Mondays and Thursdays, there is a difference in custom. According to Nusach Sephard, we put our heads down before Tachanun, and according to Nusach Ashkenaz, after Tachanun. The Igrot Moshe, Orach Chaim, part 3, 89, writes that one may not stray from the custom of the place because it would be noticeable. However, the widespread custom is that every person prays according to his minhag. Since it is known that there are many different minhagim in prayer, the prohibition of “lo titgodedu” is not applicable in this case. Yet, those praying in a nusach different from that of the chazan should not call attention to themselves by praying out loud, as mentioned in Tefillah Kehilchatah 4, notes 23 and 26. However, the Yabia Omer, part 6, 10, maintains that even prayers which are recited out loud should continue to be prayed by each person in his own nusach and there is no fear of “lo titgodedu” nor controversy because everyone knows that different minhagim exist. Nonetheless, even according to his opinion, it seems that one should not actually recite those prayers aloud, because if he does, he incites controversy.

In practice, the person praying is permitted to choose a nusach – his or the chazan’s – however, for the more noticeable prayers, it is proper to pray according to the chazan’s nusach. Further, see Igrot Moshe Orach Chaim, Part 4, 34, outlining the aspects of the prohibition to pray according to different minhagim in one synagogue.

[4]. However, Yabia Omer, part 6, Orach Chaim 10:8, discusses a mourner who is accustomed to praying in one nusach and comes to a place in which the people pray in a different nusach. If they let him lead the prayer service according to his nusach, he can lead. If not, it is better that he does not lead the prayer service and that he prays silently according to his own nusach. However, most poskim do not agree. The Igrot Moshe, part 2, 29 and part 4, 33, maintains that even while praying silently he must pray like the congregation because the silent Amidah prayer was intended as preparation for Chazarat HaShatz. The Halichot Shlomo 5:19 responds to this, saying that since he is reading from a siddur, there is less need for preparation.

06 – Preserving Minhagim versus Strengthening the Community

The preservation of minhagim, in addition to maintaining the nusach of the prayer, entails upholding the pronunciation of the prayers. Each community – the Yemenites, the Sephardim, and the Ashkenazim – pronounces the prayers according to its own particular dialect. In addition, l’chatchilah, it is proper that each ethnic group continue to pray in its own traditional tunes (see Rama, Orach Chaim 619:1). Clearly, it is permissible to introduce new melodies. However, in the main part of the prayer, the traditional tune that was sanctified throughout the generations should be preserved. For that reason, a person must initially pray in a synagogue which conducts the service in his family’s nusach.^[5]

Judaism is comprised of numerous different minhagim. The nusach of the Sephardim is divided into many customs. Concerning matters of halachah, the key distinctions are evident between those who practice according to the Shulchan Aruch and those who follow the Ben Ish Chai. Furthermore, there is a specific nusach for Jews from North Africa. While the differences in nusach and halachic matters among those from North Africa and Iraq and Syria are relatively minor, their melodies contrast more strikingly. Even among the immigrants from North Africa there are such distinct disparities in melody, so that Algerians sound dissonant to Moroccans; and to Jews from Libya, both Algerians and Moroccans sound off-key. To perfectly preserve the numerous minhagim, there would have to be individual synagogues for immigrants from Tripoli, Tunis, Algiers, and Morocco, as well as differing synagogues for immigrants from Iraq, Syria, Persia, and Turkey.

Among Ashkenazic immigrants there are different minhagim as well, the primary distinction being between the Chassidim and all remaining Ashkenazim. Still, there are other significant differences in types of diction and melody. The tunes of those who pray in the Nusach Ashkenaz from Western Europe are completely different from the tunes in the Nusach Ashkenaz from Lithuania. Furthermore, regarding diction, there are at least four variations of pronunciation – those of immigrants from Lithuania, Poland, Galitzia, and Hungary. Different sects of Chassidim also have varying minhagim and distinct melodies. Additionally, among the Yemenites there are two main nusachim – Baladi and Shami.

However, if strictly safeguarding the minhagim will bring about the dismantling of the community, it is preferable to forgo the preservation of the customs. In general, when a community is unified, and it arranges Torah study for men, women, and children, and people perform acts of kindness for one another, it succeeds in keeping its members committed to Torah and mitzvot. On the other hand, when a community lacks unity and a communal dedication to Torah, its members become are weak and above all, its children are adversely affected.

Although l’chatchilah every person should pray according to his family’s minhag, if this necessitates the establishment of dozens of small synagogues, making it difficult to assemble a minyan and organize regular Torah classes, it is preferable that ethnic groups with similar minhagim merge to form a stronger community. For example, all Jews from North Africa should pray together and if that is not sufficient, then all people who pray in the Sephardic nusach should pray together.^[6]

Therefore, in each and every place, it is necessary to weigh the pros and cons, i.e., the importance of preserving the minhagim against the significance of establishing a strong, solid community. When there are enough families from the same ethnic group living in one place, enabling them to establish a large synagogue while preserving the traditions of their minhagim, all the better. But when the number of families is insufficient, it is best that they join a group with customs similar to their own, provided that they form a strong congregation. If the consolidation of similar ethnic groups will not be adequate to ensure a strong community, it is better that all the members of the differing groups – Sephardim, Ashkenazim, and Yemenites – merge to become one community. This issue requires serious consideration, and for that reason, it is up to the mara d’atra, the primary rabbi of the place, to resolve such matters.

[5]. In the opinion of the Rashdam 35, the warning, “Do not abandon your mother’s teachings,” does not apply to minhagim, rather only to laws. Therefore there is no concern in changing one’s nusach of prayer. However, the Hagahot Maymoniyot, based on the Yerushalmi, writes that we are not to switch our family’s nusach, and the Magen Avraham 68:1 cites his opinion as the halachah. That is the opinion of the majority of poskim as well. In practice, concerning an issue of law, it is more important to preserve the minhag. However, regarding non-law-related matters, such as liturgy, and even more so melodies, it is possible to be more lenient in changing them.

[6]. In addition to this, even though it would be proper that every group preserved all its own minhagim and melodies, there is also a positive aspect to the merging of the Diaspora communities in Israel. Since a person does not necessarily choose a place to live based on his ethnicity, a situation is already created in which the similar nusachim can consolidate. Today most Ashkenazim practice that way; people with different traditions pray together.

07 – Those Accustomed to a Different Nusach

Sometimes the question arises regarding how a person should practice when his father, who is a member of one ethnic group, becomes accustomed to praying in a nusach of a different ethnic group. Should he pray in the nusach in which his father currently prays or in the nusach of his father’s ethnic group? As a general rule, the obligatory minhag is that of the ethnic group and not one’s father’s individual minhag. However, when the son prefers to continue in his father’s adopted nusach, or because he finds it difficult to change, or for any other reason, he is permitted to continue praying in his father’s nusach. Since this question poses implications on other issues, it is best that one consult with his rabbi on this matter.

A similar dilemma arose among members of Chassidic families, who learned in Lithuanian yeshivot and became accustomed to praying in Nusach Ashkenaz. When they left the yeshiva, they deliberated whether to continue praying in Nusach Ashkenaz as they were taught in yeshiva, or return to praying in Nusach Sephard–Chassidi, the minhag of their parents.

The rabbis of the Ashkenazic minhag taught that, in principle, they must continue praying in Nusach Ashkenaz, for in the past, all Ashkenazic Jews prayed in Nusach Ashkenaz, and only 200 years ago did the Chassidim change their nusach. Even though now, after such a long time, all Chassidim will not be instructed to return to pray in Nusach Ashkenaz, still, it is best that those Chassidim who already became accustomed to praying in Nusach Ashkenaz continue to pray that way, because it is their ancestors’ original nusach. However, the Chassidic rabbis insisted that they must continue in the Chassidic nusach, reasoning that since prominent Chassidic authorities have instructed those who prayed in Nusach Ashkenaz to switch to the Nusach Sephard–Chassidi, in congruence with the writings of the Ari, all the more so, anyone born into a Chassidic family must continue praying in the Chassidic nusach.

In practice, since there are differing opinions, the person posing the question may choose how to practice. Still, it is best to consult with one’s rabbi on this matter.^[7]

[7]. The position of the rabbis who pray in Nusach Ashkenaz is brought in Igrot Moshe, Orach Chaim, part 2, 24, as well as in Tefillah Kehilchatah, in the name of Rav Elyashiv. Their opinion is that Nusach Ashkenaz is the nusach in which it is proper for all Ashkenazim to pray. However, Rav Elyashiv adds in the next paragraph that one who has regularly prayed in a different nusach since he was born, and it is difficult for him to change, may continue praying in the nusach to which he has become accustomed, for that is what the Chazon Ish and Rabbi Yaakov Kanievsky have taught. The opinion of the Chassidic rabbis is widely known.

08 – Ashkenazim Who Pray with a Sephardic Pronunciation

A similar question arose among Ashkenazic immigrants from the dati-leumi (national-religious) community. Approximately three generations ago, with the beginning of the gathering of the exiles, a need was felt to consolidate the Diaspora communities and to restore the Jewish nation to its Hebrew language. For unification purposes, the Sephardic pronunciation was chosen. Even though Maran HaRav Kook ztz”l, and many other poskim, are of the opinion that each ethnic group must preserve its own accent in prayer, in actuality, since the spoken Hebrew and the Hebrew learned in schools were in a Sephardic pronunciation, the Sephardic accent became imbedded in the prayer service too. Indeed, many leaders of national-religious educational institutions, acting in accordance with the rulings of a few rabbis, instructed their Ashkenazic students to pray with Sephardic pronunciation.

There are some rabbis who spoke strongly against the Ashkenazim who changed their accent. Some taught that even people who find it difficult to pronounce all the prayers in an Ashkenazic pronunciation should at the very least pronounce Hashem’s Name in that manner, because the pronunciation of Hashem’s Name in the Ashkenazic accent has greater grammatical advantages (Har Tzvi Orach Chaim 1:4; Az Nidberu, part 3, 48:1, according to the Chazon Ish).

However, in practice, most rabbis do not encourage their students to change their pronunciation. Since the Sephardic accent is just as acceptable as the Ashkenazic, and everyone is used to it, there is no obligation to return to one’s original accent. Moreover, if the effort to change one’s pronunciation will disrupt his kavanah in prayer, it is preferable not to change it. It is best that one who already prays in a Sephardic accent also say Hashem’s Name that way so as not to mix accents. There are even those who are concerned that one who combines accents b’dieved does not fulfill his obligation (Rav Yosef Henkin; She’arim Metzuyanim BaHalachah 18:5). Therefore, it is customary to recite the whole prayer service, including Hashem’s Name, in the Sephardic accent.^[8]

[8]. Mishpatei Uziel, Orach Chaim 1, maintains that it is proper for all the ethnic groups to pray in a uniform nusach and accent. Maran HaRav Kook commented on this, saying that every ethnic group must preserve its own minhagim. He continues that one who changes his accent is considered like “one who recited [the Shema] and was not meticulous in enunciating the letters,” for even though he fulfills his obligation, he should not do so l’chatchilah. That is the opinion of most rabbis, among them Minchat Yitzchak 3:9, and 4:47, 4, and Az Nidberu, part 3, 48:1. However, a number of Sephardic rabbis, including Yaskil Avdi, part 2, Orach Chaim 3, and Yabia Omer, part 6, Orach Chaim 11, write that an Ashkenazi is permitted to switch to the Sephardic accent. They praise the Sephardic nusach and note that since it is spoken today in the Holy Land, it is therefore proper to pray in it. However, it is noteworthy that the spoken accent today is less precise than the original Sephardic accent, for today’s spoken accent does not differentiate between a tet and a taf, between a kuf and a kaf degushah, between a tafdegushah and a taf refuyah, or between a kamatz and a patach. From a certain standpoint, it is the worst of all the pronunciations, for it does not have the virtues found in the Ashkenazic dialect, and it is missing a few of the advantages present in the Sephardic dialect. Nevertheless, Yabia Omer does not comment on this.In any case, after people have already become accustomed to the Sephardic accent, even according to those who maintain that in principle one must revert to his family’s nusach, if it is difficult to do so, and it will disrupt one’s kavanah, one need not revert to the Ashkenazic nusach. That is what my teacher and rabbi, HaRav Tzvi Yehudah HaKohen Kook, ztz”l, maintained. Furthermore, he mentioned that there are things which are accepted by the community even though the Chachamim are not pleased with them. He also said that something good comes out of this: members of different ethnic groups can pray together, and unity is increased.

The Yabia Omer 11:6, quotes Rabbi Unterman, the Ashkenazic Chief Rabbi of Israel, in saying that the Ashkenazim who became accustomed to praying in the Sephardic accent should not be compelled to revert to the Ashkenazic pronunciation. That is how they were educated and they are comfortable in this accent, because it is widespread throughout the whole country. The Yabia Omer adds that it is preferable that they pray in the spoken dialect, for in that way the youth will feel more of a sense of belonging to the synagogue and the prayer service. One may add that even if a person stands before a king, he will talk in the accepted dialect, and he will not begin to precisely pronounce the letters. We learn many of the laws of prayer from an individual who stands before a king using the kal vachomer principle.

09 – Members of Different Ethnic Groups Praying Together

In many places, members of all the different ethnic groups pray together. That is the accepted practice in many yeshivot, so as not to cause a daily schism between the students, as well as in small communities which do not have enough people for each group to maintain a large minyan to pray and learn Torah.

In the past, in order to refrain from disrupting the prayer service and creating separate minhagim within the same synagogue, the congregation would establish one nusach according to the majority (see Igrot Moshe, Orach Chaim, part 4, 34). However, in our society, where people are familiar with and accustomed to the different minhagim, in many places it is customary to give each ethnic group expression in the prayer service. Usually, the congregation follows the chazan. For example, if the chazan is Sephardic, he will pray in the Sephardic nusach, and if he is Ashkenazic, he will pray in the Ashkenazic nusach. There are places that even if the chazan is Yemenite, although his pronunciation varies greatly from the norm, he prays in his Yemenite dialect. Since all the minhagim are acceptable and known to all, there is no fear of “lo titgodedu,” and it is not likely to incite controversy.

That is how we practice in Har Berachah. When there are major differences between the minhagim, it is our custom to follow the shorter nusach. For example, on “Bet-Hei-Bet” (fast days enacted on Monday and Thursdays by some ashkenazic authorities), when the Ashkenazim customarily say Selichot, we do not recite them communally, since the Sephardim do not follow this custom. Similarly, Shir HaShirim (Song of Songs) is not recited before Kabbalat Shabbat, though it is the minhag of many Sephardim. Likewise, we do not recite all the passages of the Korbanot (sacrificial offerings) out loud in the minyan, as is the Sephardic tradition. Those who wish to say them recite them individually before the prayer service. However, when the extension to the prayer service is not burdensome, the congregation follows the chazan; for instance, at the end of the prayer service, when the Sephardim prolong the recital of the Psalm of the Day and the Pitum HaKetoret, or the Tachanun of Mondays and Thursdays.

The Sephardic minhag is that the chazan recites all the Psalms and Birkot Keriat Shema out loud, in order to fulfill the obligation for a person who does not know how to read. Nevertheless, the prevalent custom is that even the Sephardic chazanim say only the conclusion of the mizmorim and berachot out loud. This is because nowadays everyone knows how to read, and the recital aloud prolongs the duration of the prayer service and disrupts the kavanah of some of the people praying.

As a general rule, regarding prayers recited out loud, the congregation follows the chazan, while concerning prayers recited silently, each person prays according to his individual minhag. Nonetheless, it is unnecessary to be meticulous concerning this, and one who wishes to pray in the chazan’s nusach is permitted to do so, for that is the opinion of some poskim. One who wishes to pray in his own nusach, even those passages recited aloud, is permitted to do so, as long as he says them quietly, so as not to disturb the congregation and accentuate the differences between him and the chazan.

When the Sephardic chazan recites the Thirteen Attributes of Mercy three times in the prayers of supplication (tachanunim) of Mondays and Thursdays, it is proper that the Ashkenazim follow along with him.

To conclude, in all these situations, in which the benefit to the community and to the prayer service are weighed against the preservation of nusachim, the mara d’atra, the primary rabbi of the place, must determine what is best.

01 – Wake Up Like a Lion

“One should gather his strength like a lion to rise in the morning to serve his Creator and to awaken the dawn” (the opening of the Shulchan Aruch, Orach Chaim 1:1). The manner in which a person gets up in the morning indicates to a large extent his general emotional state, and influences his functioning throughout the entire day. A person with a purpose in life arises filled with enthusiasm and alacrity to face a new day. He usually wakes up early in the morning, in order to accomplish more throughout the day. However, a person who has lost his values and sense of purpose lacks meaning in his life and the reason to get up in the morning. Instead, he feels fatigued and distressed in the mornings. Only when left with no choice does he finally wake up, late and sluggish, to another dull and despondent day. Nevertheless, if he were to bolster his faith and arise eagerly, vitality and joy would ignite his spirit, and he would be able to start his day invigorated.

This is the reason why praying vatikin is considered so praiseworthy – that “he should be the one who awakens the dawn” (Shulchan Aruch 1:1). Even before nature stirs and the sun rises, he gets up from his sleep and sings songs of praise before God. Although it is not the widespread custom today to get up for vatikin (see further in this book 11:5), every person must at least endeavor to rush to synagogue before the prayer service begins.

The Acharonim write that immediately upon waking up it is good to say Modeh Ani, “I gratefully thank You, living and eternal King, for You have returned my soul with compassion. Abundant is Your faithfulness” (Seder HaYom; aYHaYMishnah Berurah 1:8). Faith gives purpose to life. If HaKadosh Baruch Hu chose to grant someone life, it means that his existence has great value. Inspired by that conviction, one can arise in the morning with enthusiasm and strength. The Chachamim state that one must wake up like a lion because a lion symbolizes someone who loves himself, comprehends his self-worth, and can use that insight to courageously cope with all the obstacles standing in his way (see Rabbi Natan of Breslov’s Likutei Halachot on rising in the morning).

02 – Dressing Modestly

When a person gets dressed, even when he is alone in his house, it is proper that he act modestly. He should not say, “I am in the privacy of my own room; who can see me?” for Hashem’s greatness fills the whole world. Therefore, it is proper that one who sleeps without clothing be careful not to arise from his bed nude and then get dressed. Instead, he must partially dress under his blanket while still in bed, so that his ervah (nakedness) will remain covered when he rises. Similarly, when one needs to change his underwear, it is proper to do so under a blanket, or while he is wearing a long robe that covers his ervah. He may change his underwear in the bathroom or shower room, for those places are intended for that purpose – undressing there is not an affront to modesty.

It is an extra pious act to be cautious that every part of the body that one respectfully covers when in the company of family and close friends is covered when one is alone as well. Therefore, it is an expression of piety not to be without an undershirt, even when alone in a room. If a person wants to change his undershirt, he demonstrates his piety by doing so only in the bathroom.

When someone suffers greatly from the heat, even in accordance with the extra pious custom, he is permitted to remove his undershirt. However, he may certainly not expose his ervah. Talmidei chachamim (Torah scholars) are generally more stringent. Even on hot days when they are alone in their rooms, they do not remove their undershirts, nor sit in their house shirtless among their close friends or family members.

All the circumstances mentioned above are situations in which there is no real need to expose one’s ervah. However, when there is a necessity, such as for bathing or medical purposes, one is permitted to uncover his ervah (Igrot Moshe, Yoreh De’ah, part 3, 68:4).^[1]

In order to slightly clarify the matter of modesty, it is necessary to initially state that in the beginning, when Adam was created, he was pure and clean, both spiritually and physically, and he did not feel a need to wear clothes. However, after the sin, he began to feel ashamed of his nudity. From then on, we all cover our bodies with clothes, especially those parts connected to the sexual drive and the disposal of waste.

The bare body emphasizes in an extreme manner the physical and animalistic side of humans. However, the form of the human body, with all the details and intricacies of its organs, also contains profound and phenomenal allusions to the soul, which the wisdom of the Kabbalah discusses in great length. It is the destiny of the body to reveal and actualize all those spiritual ideas. However, following Adam’s sin, man’s view of the world became more external. At first glance, we see only the corporeal component of the human body, which causes us to forget its spiritual core. Therefore, it is proper to hide the parts of the body that are normally covered, to better emphasize a person’s inner spirituality, which is the source of his beauty, and thus allow this exalted spiritual beauty to extend over his whole body. That is what Chazal infer when they state that it is in fact modesty which preserves beauty, by nourishing its eternal root (see Bamidbar Rabbah 1:3).

[1]. In Tractate Shabbat 118b, Rabbi Yossi is praised for the fact that the walls of his house never saw the inside seams of his robe. Chazal learn from this that even when a person is alone in his room it is an extra pious act not to expose the parts of his body that are normally covered. This is brought in Shulchan Aruch, Orach Chaim 2:1-2. There is room to question the reason for this prudence. Was it the fear that perhaps, when he was dressing, his ervah would have been revealed, for in those days people regularly slept in the nude? Or was he being careful not to expose a large area of his nakedness? Or was he being strict that even regularly covered parts of his body stayed covered while he was dressing? (See Beit Yosef.) The halachic significance of this question is whether or not one needs to change his undershirt and pants under a blanket or in the bathroom.
From Aruch HaShulchan 2:1, it seems that the essence of this stringency is to make sure one does not expose half of his body, but he explicitly permits revealing one’s legs. If so, one may change his pants without covering himself, if he is wearing underwear. But concerning an undershirt, it is proper to be careful. Rav Mordechai Eliyahu ,ztz”l, similarly notes in his Kitzur Shulchan Aruch 3:1 that whoever is wearing underwear need not get dressed under a blanket. The Mishnah Berurah 2:1 is stringent, based on a number of Acharonim, and states that one may not reveal any parts of the body that are normally covered. Therefore, even one’s socks should be put on under a blanket. However, Igrot Moshe, Yoreh De’ah, part 3, 47:3, and section 68:4, explains this to mean that any part of a person’s body that is considered shameful to expose while sitting in his house with his family or friends should not be revealed when he is alone as well; every place according to its custom. Therefore, nowadays, even according to the Mishnah Berurah it is certainly not necessary to be strict about one’s socks. Furthermore, he writes, the extra pious custom only applies under regular conditions, but one who suffers from heat is permitted to be lenient (and remove his shirt and even his undershirt). This is the law regarding an elderly person who has difficulty changing his undershirt under a blanket, or a woman who is afraid her shirt will get wrinkled. (This is also written in Halachah Berurah 2:1, in the name of his father, Rav Ovadyah Yosef). However, the Igrot Moshe adds that one’s ervah itself should not be revealed at all unless there is a substantial need, such as for bathing and medicinal purposes. Based on this, I have differentiated above regarding the extra pious act, between one’s ervah and the other parts of the body that are normally covered. Concerning an undershirt, I wrote “the extra pious act,” for even though the Shulchan Aruch brings it as halachah, most poskim agree that it is an extra pious act and not an obligation (see Mishnah Berurah 3:18, where it talks about this law). (Moreover, one may say that during the time of Chazal, it was a comfortable solution to put one’s head and hands in his robe while still lying down, and that way, when he rose he was automatically covered, but to put on a tight undershirt under a blanket is harder. This is another reason why it is an extra pious act and not a mandatory custom. Furthermore, today there are places in which people are not embarrassed to sit in front of their friends without an undershirt.) Talmidei chachamim are customarily more meticulous in observing the extra pious custom, and even when it is very hot, they certainly do not walk around their houses shirtless. Many are even strict not to walk around their houses in a sleeveless undershirt.

03 – The Extra Pious Custom with Regard to Putting on One’s Clothes and Shoes

It is an extra pious act to commence all things with one’s right side, because the Torah ascribes more importance to a person’s right side (as was in the Temple when sprinkling oil on a lepers’ right thumb and big toe). According to Kabbalah, ‘right’ signifies grace and compassion, while ‘left’ signifies judgment and law, and with our actions, we should augment grace over judgment. Therefore, those who observe the extra pious custom are strict to eat with their right hands. Additionally, for washing and applying creams, one’s right side precedes his left. When washing one’s entire body, a person should first wash his head and then wash his right side. Also when dressing, it is an extra pious act to begin with the right sleeve, and do the same with pants and socks. When removing one’s clothes, one should start with the left side.^[2]

Concerning shoes, the law is more complex. On the one hand, one should begin with the right side. On the other hand, we learn from the commandment to tie tefillin on one’s left arm, that for all matters involving tying, one is to start with the left side. Therefore, one first puts on his right and then left shoe, without tying them, and when tying the laces, he starts with the left and then ties the right (Shabbat 61a; Shulchan Aruch 2:4).

A person who is left-handed starts with his right side, both for putting on his shoes and tying the laces.^[3]

The objective of this halachah is to ensure that every deed we do, even such a mundane act as putting on our shoes, is done as precisely as possible. For indeed, people put on their shoes every day, so why not learn to do it in the most perfect way? Certainly, one who accidentally mixes up the sequence need not take off his shoes in order to put them on again in the appropriate order. With these halachot, Chazal teach us to attribute value to every act we perform, along with their details, thereby helping us to grasp the profundities of the actions that make up our lives.

[2]. Starting with one’s head and proceeding with the right side of the body concerning washing and applying creams is clarified in Shabbat 61a. The order for dressing is explained in Magen Avraham and Kaf HaChaim 2:7, in the name of Sha’ar HaKavanot, as well as Shulchan Aruch HaRav 2:4 and Kitzur Shulchan Aruch 3:4.

[3]. Mishnah Berurah 2:6, based on the Bechor Shor. (See Minchat Yitzchak 10:1 as well.) This implies, therefore, that concerning putting on other clothing, even a left-handed person enhances the mitzvah by starting with his right side, just as they would sprinkle blood on a left-handed person’s right thumb, (based on the opinion of most poskim, see Encyclopedia Talmudit, part 1, “Iter”). However, regarding eating, we obviously do not trouble a left-handed person to eat with his right hand. Regarding the recital of a berachah, it is the opinion of the Mishnah Berurah 206:18 (based on a number of Acharonim) that a left-handed person should hold the object over which he is reciting a berachah in his left hand. The kabbalists maintain that he should hold it in his right hand (Kaf HaChaim 206:30).

01 – Morning Washing

The Chachamim instituted the washing of one’s hands every morning and the recital of the blessing, “Asher kideshanu b’mitzvotav v’tzivanu al netilat yadayim,” (“…Who has sanctified us with His commandments and commanded us concerning the washing of hands.”)

A person’s hands endow him with the capability to function in this world. With his hands he can give and receive, hold and deliver, handle his different belongings, and care for his body. However, along with, and perhaps because of, their versatility, one’s hands also wallow in all the dealings of this world and tend to get dirty and contaminated more than any other limb. Whenever it is necessary to elevate and distance ourselves from the lower aspects of this world in order to engage in matters of sanctity, we wash our hands. This is the general significance of washing hands, including the washing in the morning. However, the Rishonim disagree as to the exact reason behind the morning washing.

According to the Rosh, since a person’s hands are constantly moving, it is almost certain that during one’s sleep they touch parts of the body that are normally covered. Therefore, in order to purify them before Shacharit, the Chachamim instituted the washing of one’s hands.

According to the Rashba, every morning people are created anew, as it is written (Lamentations 3:23), “They are renewed every morning; abundant is Your faithfulness!” A person goes to sleep tired, gives his soul over to his Creator, and arises in the morning with renewed strength. This new creation should be sanctified and designated for serving Hashem by washing one’s hands in the morning.

In other words, according to the Rosh, the washing of one’s hands in the morning is solely in preparation for prayer, and according to the Rashba, this washing constitutes a preparation and sanctification for prayer and for service of Hashem throughout the entire day.^[1]

[1]. There are two sources for the morning washing: Berachot 60b, where it appears as one of Birkot HaShachar and seems to correspond to the opinion of the Rashba; and Berachot 14b-15a, where it appears as a preparation for prayer, consistent with the opinion of the Rosh.There is an opinion which states that a woman who does not intend to pray Shemoneh Esrei on a particular day should wash without reciting a berachah, for according to the Rosh, this washing was instituted specifically for prayer (Shut Machazeh Eliyahu 11). However, in practice, women have the custom to follow the Rashba, and recite a blessing on the morning washing regardless. The Bach writes that even the Rosh agrees that the Chachamim instituted washing in the morning as part of Birkot HaShachar, but that according to the Rosh, one also needs to wash his hands with a berachah before praying Minchah and Ma’ariv if his hands are dirty.

The essential objective of the morning washing before Shacharit is cleanliness, as it is written (Psalms 26:6), “I wash my hands clean,” and this is clarified in Berachot 15a. The reason for washing one’s hands before a meal is for purification and sanctification, similar to the washing of the Kohanim’s hands in the Kiyor (laver) before they worked in the Temple. Although there is a difference between the objectives of the two washings, the Chachamim instituted the washing in the morning following the example of washing before a meal, and even the berachah has the same wording. L’chatchilah, when washing in the morning, one should take care that all the necessary requirements for washing one’s hands before a meal are met – that there is at least a revi’it of water, that he washes with a vessel, that there is human force involved in the pouring (ko’ach gavra), and that the appearance of the water has not changed. B’dieved, even if there is no revi’it of water there, or a vessel, or human force (ko’ach gavra), since the water does in fact clean a person for prayer, it is the opinion of the Shulchan Aruch and the Rama that the “Al netilat yadayim” berachah is recited. If the appearance of the water has changed and became invalid for washing before a meal, one may use it to wash his hands for Shacharit, but instead recite “Al nekiyut yadayim” (Shulchan Aruch section 4, paragraphs 1, 6, 7, 22). However, the Mishnah Berurah 4:7, and Bei’ur Halachah write that according to many Acharonim, even if the water becomes invalid for washing before a meal, one may recite Al netilat yadayim when washing before Shacharit, because the water does clean his hands enough for prayer. Kaf HaChaim 4:11 and Halachah Berurah 4:12 write that one does not recite a blessing for the washing in the morning if there is anything that renders it invalid for washing before a meal.

02 – Hand Washing Concerning One Who Did Not Sleep All Night

Based on what we have learned in the previous halachah (according to the Mishnah Berurah), in the Rashba’s opinion, even a person who did not sleep at night must wash his hands with a berachah in order to sanctify himself so that he may thank Hashem for a new day. In the Rosh’s opinion, however, because he did not sleep, there is no concern that he unintentionally touched the parts of his body that are normally covered and therefore it is unnecessary to wash his hands before praying.

Hence, the Shulchan Aruch rules (4:13) that a person who remains awake all night must wash his hands without a berachah. He must wash his hands, according to the opinion of the Rashba, however he does not make a blessing on that washing, so as not to recite a berachah in vain, consistent with the opinion of the Rosh.

The Mishnah Berurah writes (4:30) that a person who did not sleep all night should relieve himself before Shacharit. After his hands touch the parts of his body that are normally covered, then even according to the Rosh, he must wash his hands with a berachah. He can therefore wash his hands with a berachah according to all opinions. This is the Ashkenazic custom for those who stay awake all night on Shavuot.

The minhag of the Sephardim is that before praying, even a person who touched the normally covered parts of his body washes his hands without a berachah. This is because we take into consideration the opinion stating that the Chachamim instituted washing with a berachah only for a person who slept at night. But a person who dirtied his hands and did not sleep is the same as one whose hands were dirty before Minchah and Ma’ariv – he washes his hands without a berachah. The sole advice for someone who was awake all night and wants to fulfill the obligation according to all opinions is to hear the berachah recited by another person and have in mind to fulfill his obligation by hearing it (Kaf HaChaim 4:49). (See further in this book 8:5; 9:5-6, for the law regarding someone who remains awake all night, or who wakes up in the middle of the night, concerning the recital of Birkot HaShachar and Al netilat yadayim.)

03 – Ruach Ra’ah (Evil Spirit)

In addition to the reasons we have mentioned, the Chachamim state in the Talmud (Shabbat 108b) that one must be careful that his hands do not touch his mouth, nose, eyes, or ears before washing his hands in the morning because there is a ruach ra’ah (evil spirit) which rests upon one’s hands after sleep and it is likely to damage those organs. Only after he washes his hands three times alternately will the ruach ra’ah disappear and, subsequently, the danger caused by touching any of his bodily orifices will be eliminated.

The essence of the morning washing is to prepare and sanctify oneself for praying Shacharit and for the service of a new day. For that reason, the Chachamim instituted reciting Al netilat yadayim. Nevertheless, we are also careful about the ruach ra’ah, and in order to remove it, we must be strict in washing our hands three times alternately from a vessel. This means that we first wash the right hand, then the left, then again the right and left, and another time right and left, which comes out to be three times, each hand alternately.

Prior to washing, one must take care not to touch those organs that have openings toward the inside of the body – such as the mouth, nose, ears, and eyes (Shulchan Aruch Orach Chaim 4:3-4; Mishnah Berurah 13). Similarly, one must be cautious not to touch food or drink before washing (Mishnah Berurah 4:14).

The Kabbalah teaches (see Zohar, part 1, 184:2) that at night, when a person falls asleep and remains inanimate, without thought and action, he experiences a taste of death and a spirit of impurity (ruach ra’ah) rests upon him. This is in line with Chazal’s statement (Berachot 57b) that sleep is one-sixtieth of death. The essence of human virtue lies in one’s ability to think, feel, and engage in activities leading to the rectification of the world (tikun olam). During sleep, when dormancy spreads throughout the body, a person loses, to a certain extent, the image of God (Tzelem Elokim) within him, and the ruach ra’ah rests upon him. When he awakens from his sleep and his consciousness returns, the ruach ra’ah disappears, remaining solely on the extremities of his hands. By washing one’s hands three times alternately, the ruach ra’ah is removed. In order to completely nullify it, one must begin washing his right hand, which symbolizes the attribute of chesed. Therefore, one should take the washing cup initially in his right hand and pass it over to his left, so that he pours the water over the right hand first and then the left, continuing this way until he has washed each hand three times (see Kaf HaChaim 4:12). In this way, the stern judgments associated with the attribute of gevurah (represented by the left hand) are made subservient to the attribute of chesed (represented by the right hand).

Some explain that the main damage caused by the ruach ra’ah is spiritual; if he were to touch his eyes or ears before washing, his internal senses of sight and hearing would be adversely affected, and on that day he would be like a blind and deaf person concerning matters of Torah and faith. Similarly, if he were to touch his mouth or nose, the ruach ra’ah would harm his spiritual senses of eating and smelling (Kaf HaChaim 4:19, based on Solet Belulah).

04 – Ruach Ra’ah Today

According to the Zohar and the kabbalists, one must wash his hands next to his bed in the morning, so as not to prolong the ruach ra’ah upon himself. They also warn not to walk more than four amot before washing one’s hands in the morning. Therefore, one must prepare water before going to sleep and place it near his bed so that immediately upon rising he can wash his hands (Sha’arei Teshuvah 1:2). There are those who are lenient regarding this because in their opinion the entire house is considered four amot. As long as one does not have to leave the house more than a distance of four amot in order to wash his hands, he is not thought of as someone who prolongs the ruach ra’ah upon himself (Shut Shevut Yaakov 3:1).

Some maintain that ruach ra’ah has been nullified from this world. The Tosafot (Yoma 77b) bring the opinion that this ruach ra’ah does not dwell in the regions comprising the Ashkenazic countries. The Lechem Mishneh writes that it is implied from the Rambam that he, too, is not concerned about the ruach ra’ah mentioned in the Talmud (Shevitat HeAsor 3:2). Also, the Maharshal, who lived approximately 400 years ago, and who was one of the eminent poskim in Ashkenaz, writes that in our times, no ruach ra’ah exists around us (Chullin, chapter 8, 31). A number of other poskim agree with this approach.

In earlier generations, spiritual and mystical power was more pronounced and intense. This was expressed on the one hand by the ability to attain greater and more transcendental experiences, emotionally and spiritually, such as prophecy, and, on the other hand, by the presence of all sorts of sorcery and impure spirits. As time passed, intellectual strength took center stage at the expense of emotional powers, and together with the cessation of prophecy, the impure spirits weakened and disappeared; in their place there are evil spirits of false and deceitful ideas.

Furthermore, there is an amazing tradition regarding Graf Potoczki, born in Poland to aristocratic parents, who had his heart set on joining the nation of Israel and converting to Judaism. Since such a thing was prohibited in his time, he converted secretly and engrossed himself in Torah. Eventually, the Christians captured him and offered him two options: to return to Christianity or to be burned alive. The righteous convert chose to die by fire, thereby publicly sanctifying God’s Name. At that moment, the Vilna Gaon said that the ruach ra’ah lost some of its strength, particularly regarding the ruach ra’ah of Shacharit. For this reason the students of the Vilna Gaon are lenient regarding walking four amot before washing.

In practice, according to the Chida, Mishnah Berurah (1:2), and Ben Ish Chai, one should be careful not to walk more than four amot before washing. In contrast to them, there are poskim who are lenient, whether it is because the entire house is considered four amot, or because today the ruach ra’ah on one’s hands has ceased to exist. That is the common custom. However, even according to those who maintain that the ruach ra’ah does not fully exist among us, it is customary to be strict concerning everything mentioned in the Talmud, such as washing one’s hands three times and not touching bodily orifices prior to washing.

05 – The Time to Recite Al Netilat Yadayim

The correct time to recite the “Al netilat yadayim” berachah is immediately after washing and before drying one’s hands. However, the general rule regarding all berachot recited upon the performance of mitzvot, is to recite the berachah first and then perform the mitzvah. Hence, we make a berachah on the wrapping of tefillin before binding them on our arms, and we make a berachah on the mezuzah before affixing it to the doorpost. Yet, regarding Al netilat yadayim the law is different. Since it is inappropriate to recite the berachah while one’s hands are unclean, its recital is delayed until after the washing. Still, we may not separate the berachah from the act of the mitzvah and therefore, immediately after washing, before drying one’s hands, the berachah must be recited.

In actuality, the berachah is usually not recited immediately following the first washing upon waking. This is because people generally need to relieve themselves upon waking up, and one should not recite a berachah while having to tend to one’s bodily needs. Furthermore, according to the Rosh, the washing was instituted to prepare the person for prayer; therefore, one is obligated to recite a berachah on the washing before praying. Hence, after relieving oneself in the morning, one washes his hands again and recites the berachah before drying them. One who does not need to relieve himself in the morning should recite the berachah on the first washing immediately upon waking up (Shulchan Aruch 6:2; Mishnah Berurah 4:4).^[2]

Regarding one who rises from his sleep long before he intends to pray, and knows for certain that prior to praying he will need to defecate, there is uncertainty concerning when it is proper to recite Al netilat yadayim. According to the Rashba, who maintains that one washes in honor of the new day, it is proper that he recite the berachah immediately upon waking up. According to the Rosh, who maintains that the washing was instituted as preparation for prayer, he should recite the berachah on the washing right before prayer. In this case, it is advisable to recite Birkot HaShachar immediately following the washing performed upon rising, and then, to a certain extent, Birkot HaShachar will be considered the beginning of prayer and the washing a preparation for them. That way, even according to the Rosh one may recite Al netilat yadayim immediately upon waking up.

Therefore, whoever wakes up after chatzot (halachic midnight) must wash his hands, recite Al netilat yadayim, and say all of Birkot HaShachar. However, if, after remaining awake for a few hours, he intends to go back to sleep until the time to pray arrives, after waking up the first time he must wash his hands without a berachah, and after the second time he must wash with a berachah, for that is the waking closest to prayer. (Regarding Birkot HaShachar see further in this book 9:5, where it is explained that it is preferable to recite them after the main waking, provided that it is after chatzot.)^[3]

[2]. The Mishnah Berurah 4:4, based on the Magen Avraham, writes that one who wakes up and needs to relieve himself, before doing so must wash his hands three times without a berachah in order to remove the ruach ra’ah from upon them. After relieving himself, he must wash his hands and recite the berachah because according to the Rosh, the morning washing with a berachah was instituted as preparation for prayer. However, Rav Ovadyah Yosef (Halachah Berurah 4:4; Beirur Halachah 4:4) rules that one should first relieve himself in the bathroom and then wash his hands three times so that the berachah will be on the first washing of the day, for that is the more correct way according to the Rashba. Furthermore, if a person has a great need to relieve himself, to the point where if he abstained he would be transgressing the prohibition, “Do not abominate oneself,” the law is that one must relieve himself first and only after that wash his hands. It is possible to retort to this argument that there is no issue of “abominating oneself” in such a case since washing one’s hands takes so little time. The practical custom follows the opinion of the Mishnah Berurah and the kabbalists, in order to quickly purify oneself from the ruach ra’ah. Regarding the berachah being recited before drying one’s hands, see Kaf HaChaim 4:8. However, according to the Ashkenazic minhag, one may delay reciting the berachah and combine it with Birkot HaShachar. Nevertheless, it is best to recite it immediately following the performance of the mitzvah, as the Mishnah Berurah writes in 6:9.

[3]. However, the Mishnah Berurah (Bei’ur Halachah 4:1 s.v. “V’Afilu”) rules like the Chayei Adam, maintaining that if one wakes up much earlier than the time to pray and he knows that he will need to relieve himself again before praying, he should recite a berachah on the washing closest to praying, for that is how he fulfills the obligation l’chatchilah according to the Rosh. Even in the opinion of the Rashba one may delay reciting the berachah on washing and recite it immediately before praying. That is what the Or L’Tzion, part 2, 1:6, and Halichot Shlomo 2:23 write as well.
Still, many Acharonim write that it is preferable to recite the blessing on the washing closer to one’s waking for that is the correct way according to the Rashba. Even according to the Rosh, if he recites Birkot HaShachar immediately after the first washing, it is possible that they will be considered the beginning of prayer, as write the Shlah, Graz (in his siddur, p. 1), Sha’arei Teshuvah, Derech HaChaim, and Aruch HaShulchan 4:5. The Aruch HaShulchan explains further that even according to the Rosh, the washing of one’s hands and the recital of the berachah were instituted to be performed adjacent to one’s waking, just like the other Birkot HaShachar. Even according to the Mishnah Berurah 6:9, it is possible to rely on those poskim. The Kaf HaChaim 4:52 writes as well that one must recite Al netilat yadayim immediately upon getting up. Additionally, he brings a dispute of the Acharonim as follows: there are those who say that one may recite Al netilat yadayim even before chatzot, which is the custom of the kabbalists (Ben Ish Chai, Toldot 13). However, the Graz and others write that one must recite Al netilat yadayim only after chatzot. I wrote that one should recite it only after chatzot in order to avoid uncertainty. If he intends to go back to sleep (when he woke up after chatzot), indeed according to the Ben Ish Chai, Kaf HaChaim 46:49, based on the Kabbalah, and the Graz, he should recite Al netilat yadayim after his first waking. In any case, in this situation, it seems better to practice according to the Mishnah Berurah, Chayei Adam, and the Gra, as I have written.

06 – Hand Washing Following Daytime Sleep

There is uncertainty regarding what precisely causes the ruach ra’ah to linger on one’s hands. Is it the mere state of sleep, when a person’s consciousness abandons him and he is left without the ability to function, requiring even one who sleeps during the day to wash his hands three times upon awakening to remove the ruach ra’ah. Or, is it brought about by the night, when the entire world ceases its activities, and therefore even a person who was awake all night must wash his hands three times?

In practice, when both causes intertwine and someone sleeps at night a regular sleep (approximately half an hour), the ruach ra’ah rests upon him in full force. In such a case, immediately upon rising one must hurry to wash his hands three times and refrain from touching his bodily orifices or food prior to that washing. (Still, the berachah on this washing is only recited before Shacharit, as explained in halachah 5.)

It is proper for one who slept a regular sleep during the day to be stringent and wash his hands three times alternately, but it is unnecessary for him to rush to do so. Also, there is no prohibition forbidding him from touching his bodily orifices before he washes.^[4]

Additionally, it is best that one who remained awake all night wash his hands three times at alot hashachar. Likewise, it is proper for a person who arose in the middle of the night and already washed his hands three times when he woke up to wash his hands alternately again when alot hashachar arrives, for perhaps the night itself and its cessation induce the ruach ra’ah.^[5]

[4]. The Shulchan Aruch, Orach Chaim 4:14-15, mentions this uncertainty and rules to wash three times, but without a berachah because of doubt. The Eshel Avraham 4:1 writes in the name of his father-in-law that being careful not to walk four amot and not to touch bodily orifices only apply when one wakes up for Shacharit from a nighttime sleep and does not intend to go back to sleep. However, one who wakes up in the middle of the night for a few minutes and intends to return to sleep need not be cautious to refrain from walking four amot without washing his hands or touching his bodily orifices, just as a person sometimes touches his bodily orifices while sleeping. Only after the final waking from his nighttime sleep must one be strict about these things. He writes further that this lends credence to the many who are lenient regarding this. Concerning waking up from a daytime sleep, he writes that it is obvious that one need not be careful to refrain from touching bodily orifices, and he himself acted that way. The Kaf HaChaim 4:52 writes in the name of the kabbalists, based on the Arizal, that the ruach ra’ah only rests upon one who sleeps through chatzot, but if he did not sleep through chatzot, even if he slept a regular sleep on his bed, the ruach ra’ah does not exist, and therefore it is not necessary to wash three times. However, the Ben Ish Chai, Toldot 15, writes that one needs to wash his hands three times after every regular sleep, even during the day; though if that sleep did not continue through chatzot, it is not necessary to be strict in refraining from touching bodily orifices or in taking any other precautions. The Sha’arei Teshuvah 4:1 cites an opinion that even a person who slept during the day needs to be careful not to touch his bodily orifices or food. Some act this way l’chatchilah.
For the amount of sleep necessary to be considered a regular sleep, see Bei’ur Halachah 4:16 and Kaf HaChaim 4:55. Some say it is three hours and some say it is three minutes, though the average amount of time accepted by the majority of poskim is approximately half an hour, as I have written.

[5]. This is how the Shulchan Aruch 4:14 rules based on what he wrote in the Beit Yosef in the name of Orchot Chaim. According to this, presumably there is a need to be stringent not to touch one’s bodily orifices after alot hashachar until he washes his hands. (See also Hagahot of Rabbi Akiva Eiger 4:1, where it is implied that from the time he wakes up at night and washes his hands three times, he should not touch his bodily orifices until he washes his hands again three times after alot hashachar.) However, the opinion of the majority of poskim and kabbalists is that there is no lingering of the ruach ra’ah at the end of the night, and therefore, although we take into consideration the opinion of the Shulchan Aruch, and the minhag is that one who is up at night, or who wakes up before alot hashachar, goes back and washes his hands again three times after alot hashachar, nonetheless, we are not very strict about this. That is what the Eshel Avraham writes in 4:1, as well as Da’at Torah. Especially someone who is engrossed in Torah need not stop his learning in order to wash his hands. As it seems, regarding this law, we are even more lenient than we are about the ruling concerning one who sleeps during the day, as implied from Shulchan Aruch HaRav 4:13. In practice, after alot hashachar it is customary to wash again three times, but one need not be careful not to touch his bodily orifices, nor rush to wash at the moment alot hashachar arrives. In addition, there is doubt as to when exactly alot hashachar is (see further in this book 11:1). Therefore, after alot hashachar according to all opinions, he should wash his hands three times. One who is engrossed in Torah study should first finish the subject he is learning and then go wash his hands.

07 – Waking in the Middle of the Night to Tend to a Baby or for Any Other Reason

Parents who wake up in the middle of the night in order to cover their children or give them a pacifier, in principle need not wash their hands because covering a child or putting a pacifier in his mouth does not require touching the child’s mouth or any other bodily orifice.

However, if one wakes up to prepare food for the child or change the child’s diaper, it is proper to wash one’s hands prior to that, in order not to touch food or one of the child’s bodily orifices with unwashed hands. Likewise, it is proper that a woman who wakes up in the middle of the night to nurse her child wash her hands before starting. However, if it is very difficult for her to go wash her hands, she may rely on the lenient opinions that do not obligate one who awakens in the middle of the night to wash his or her hands (Eshel Avraham Butshatsh 4:1; see also halachah 4 which mentions that some say that nowadays the ruach ra’ah does not exist). In any case, according to all opinions, no berachah is recited on washing performed in the middle of the night because the Chachamim instituted a berachah only on the morning washing, which prepares us for prayer and the new day.

L’chatchilah it is proper that a person who wakes up in the middle of the night to drink wash his hands three times before reciting Shehakol. Similarly, it is proper that one who wakes up in the middle of the night to relieve himself wash his hands three times so that he can touch his bodily orifices without concern. After relieving himself, he must wash his hands so that he may recite Asher Yatzar. If he wishes, he may refrain from washing his hands prior to relieving himself in the middle of the night, by relying on the opinion of those poskim who maintain that a person only needs to wash his hands three times after rising in the morning. However, after relieving himself, he must wash his hands in order to recite Asher Yatzar. If he does not have water, he must clean his hands, for example by rubbing them on his shirt, and then recite Asher Yatzar (Shulchan Aruch 4:22).^[6]

[6]. The Shulchan Aruch 4:14-15 maintains that every regular sleep at night brings the ruach ra’ah and one must wash his hands three times alternately. Even so, in the cases above, I wrote “it is proper” because the Eshel Avraham writes in the name of his father-in-law (as brought in note 4) that the ruach ra’ah exists only after waking up in the morning. Many who have become accustomed not to wash their hands when they arise in the middle of the night rely on this. The basis for Eshel Avraham’s words is found in the Beit Yosef (4:14-15) who writes that there is concern that at alot hashachar the ruach ra’ah may rest even upon those who were awake all night. The opinion of most kabbalists, according to the Ari, is that the ruach ra’ah only lingers after a person sleeps through chatzot, but if one went to sleep after chatzot, the ruach ra’ah does not rest upon his hands. Moreover, even if a person who slept through chatzot already woke up once after chatzot and washed his hands three times, the ruach ra’ah does not rest upon his hands a second time. Hence, according to this, it is not necessary to wash one’s hands three times upon every waking at night. In addition to this, there are those who say that nowadays the ruach ra’ah does not exist. Therefore, only one who wakes up in the morning must be careful to wash his hands three times because the source for this stems from the Talmud. However, beyond that, concerning waking up in the middle of the night, it is not an obligation to wash one’s hands, though it is proper to do so. Those who practice according to Kabbalah must ensure that the first time they wake up after chatzot they wash three times. Also from the standpoint of Birkat Shehakol, it is proper to wash one’s hands, but it is not an obligation, as explained in the Shulchan Aruch 4:23. Even if he touched normally covered parts of his body, he can suffice with rubbing his hands on a cloth of some sort, as clarified in the Mishnah Berurah 4:61. Similarly, before relieving oneself, it is advisable to wash one’s hands because of the ruach ra’ah, but it is not an obligation, as clarified above. Additionally, see the opinion of Rav Ovadyah Yosef in note 2.

08 – Food Touched by Unwashed Hands

We learned (in halachah 3) that because the ruach ra’ah rests upon one’s hands in the morning, one must not touch food or drink before washing his hands. Regarding a Jew who touched items of food without washing his hands, the ruling is as follows: if it is a dry food, like fruit, that can be washed, he should rinse it under water three times. Just as the washing of each hand three times purifies them, so will this washing purify the fruit. However, if he mistakenly touched drinks or food that will become ruined when washed, although there are those who are stringent to dispose of them for fear that the ruach ra’ah rests upon them (Od Yosef Chai, Toldot 6), according to most poskim, even those foods that cannot be washed are permitted to be eaten.

There are two reasons for this: first, because according to the majority of poskim, the ruach ra’ah on one’s hands does not have the ability to render food unfit for eating (Chayei Adam 2:2; Mishnah Berurah 4:14; Aruch HaShulchan 4:15). Although, regarding an alcoholic beverage, such as liquor, there are poskim who are stringent. In any case, it is agreed among most poskim that all other foods do not become invalidated by the touch of unwashed hands (Bei’ur Halachah 4:5 s.v. “Lo”). Furthermore, there are those who maintain that the ruach ra’ah has been nullified from this world (as brought in halachah 4) and there is no need to fear its damage. Therefore, one should not discard or waste foods that were touched by unwashed hands.

Similarly it is permissible l’chatchilah to buy bread or other food that is sitting on a store shelf, even though there is concern that it was touched by Jews who did not wash their hands in the morning. This is because, as we have already learned, according to most poskim, food is not invalidated by the touch of unwashed hands. Additionally, there is doubt as to whether these foods were actually touched by someone who did not wash his hands in the morning. Moreover, almost all people usually wash their hands in the morning, and it is said in the name of the Arizal (Od Yosef Chai, Toldot 8), that even washing one’s hands once is useful in weakening the power of the ruach ra’ah.

09 – Minors

A number of eminent Acharonim write that it is important to ensure that even small children, who have not yet reached the age of understanding (gil chinuch), wash their hands in the morning. The reason for this is that if they don’t wash their hands, the food they touch will become ruined by the ruach ra’ah that is upon them (Chida; Pri Megadim, Mishbetzot Zahav 4:7; Mishnah Berurah 4:10). Additionally, there are those who abide by the extra pious act of washing a newborn baby’s hands, as the Ben Ish Chai (Toldot 10) writes, for by doing so, the children are raised with purity and sanctity.

However, in practice, many people are not strict about the washing of their children’s hands three times after they wake up, because according to some prominent Acharonim, the ruach ra’ah only lingers on the hands of one who is at least thirteen years of age. The more a person can connect to holiness and act to repair the world, the more the evil spirit contrastingly strives to make him impure. Hence, the ruach ra’ah does not rest on the hands of gentiles, for they are not obligated to perform mitzvot. Similarly, concerning children, the ruach ra’ah does not rest upon them in its full force until they are sanctified in the obligation of performing the mitzvot. Still, we are commanded to educate minors to perform the mitzvot, and once they start observing the holy commandments, the ruach ra’ah slightly lingers upon them as well. Therefore, from the time they reach the age of understanding and are capable of comprehending how to wash their hands, one is obligated to educate them and accustom them to washing (based on Shulchan Aruch HaRav Tinyana Edition 4:2; Eshel Avraham Butshatsh 4:3; Tzitz Eliezer, part 7, 2:4).

In conclusion, it is a mitzvah to accustom children from the time they reach the age of understanding to wash their hands three times after sleeping, and it is an obligation to wash their hands starting from the age of mitzvot, meaning thirteen years old for a male and twelve for a female. There are those who are stringent to wash their bab‎y’s hands from the time he can touch food (Mishnah Berurah 4:10). Additionally, there are individuals who enhance the mitzvah by washing their baby’s hands starting from the time of his brit milah, or even from birth, for even then Israel’s unique holiness begins to appear (as brought in parenthesis in Shulchan Aruch HaRav there; see Kaf HaChaim 4:22 as well).

01 – Blessings of Thanks

The Chachamim instituted the recital of many blessings immediately upon awakening in the morning. The purpose of these blessings is to thank Hashem for the good that He bestows upon us every day. Hence, the Talmud (Berachot 60b) teaches that when a person wakes up, he must thank Hashem and say, “My God, the soul which you have placed within me is pure… Blessed are You Hashem who restores souls to dead bodies” (Elokai Neshamah). When he hears the sound of the rooster, announcing the arrival of a new day, he must say, “Blessed are You Hashem, our God, King of the universe, who gives the rooster understanding to distinguish between day and night” (Hanoten lasechvi vinah). Upon opening his eyes, he recites, “…Who gives sight to the blind” (Poke’ach ivrim). When one stretches his limbs and sits on his bed, after being held captive in the shackles of sleep, he recites, “…Who releases the imprisoned” (Matir assurim). When he dresses, he recites, “…Who clothes the naked” (Malbish arumim). When one stands on his legs, he recites, “…Who straightens the bent” (Zokef kefufim), and when placing his feet on the ground, he recites, “…Who spreads the earth upon the waters” (Roka ha’aretz al hamayim). When one puts on his shoes, he recites, “…Who has provided me with all my needs” (She’asah li kol tzorki). As he begins to walk, he recites, “…Who prepares people’s footsteps” (Hamechin mitzadei gaver). When he fastens his belt, he recites, “…Who girds Israel with strength” (Ozer Yisrael bigevurah). When he puts on a head covering, be it a hat or a kippah, he recites, “…Who crowns Israel with glory” (Oter Yisrael b’tifarah). When he washes his hands, he recites, “…Concerning the washing of hands” (Al netilat yadayim). When washing his face, he recites, “…Who removes sleep from my eyes” (Hama’avir chevlei sheinah me’einai), etc. The Chachamim also instituted three special berachot of thanks which express gratitude to Hashem for choosing us and giving us His mitzvot. They are: “…For not having made me a gentile” (Shelo asani goy), “…For not having made me a slave” (Shelo asani aved) and “…For not having made me a woman” (Shelo asani ishah) Women recite, “…For having made me according to His will” (She’asani kirtzono).

Life’s routine generally wears away our attention from all the good that Hashem showers upon us. As a consequence of this ungratefulness, the daily blessing that HaKadosh Baruch Hu grants a person fails to delight him, and his life becomes dull and empty. In order to emerge from this desolation, he seeks out various pleasures. Hence, the Chachamim instituted Birkot HaShachar so that we will not be ungrateful. With these blessings we thank our Creator for all things, big and small, that help us function in this world. Out of this thankfulness to Hashem, we are privileged to observe the world with a rich and comprehensive outlook. We learn that every single element in our lives has Godly value, arousing our desire to add goodness to the world with every new day that God gives us.

02 – The Order of the Morning Blessings

As we have learned, the original institution of the Chachamim was to bless and give thanks for each and every act immediately upon deriving pleasure from it. In other words, as a person wakes from his sleep, he thanks Hashem for the soul He placed within him and says Elokai Neshamah; as he opens his eyes, he recites Poke’ach ivrim; as he stretches his limbs, he recites, Matir assurim; and so on with all the blessings in that manner. However, today the custom has changed and usually all Birkot HaShachar are recited consecutively.

One may wonder why the custom changed, for it is obviously more appropriate to thank Hashem immediately when the pleasure is received. In that way the process of arising from one’s sleep attains profound significance, as the blessings of thanks to Hashem accompany each and every stage of waking. Indeed, the Rambam rules that all Birkot HaShachar must be recited exactly as mentioned in the Talmud, each berachah in its appropriate time. There are some Yemenites who are accustomed to following his ruling even today.

However, the widespread custom is to recite all Birkot HaShachar at once, either in synagogue, or at home after relieving oneself and getting dressed. There are a few reasons for this. First, the Chachamim established that the chazan recites Birkot HaShachar out loud in synagogue so that the uneducated who do not know them by heart may fulfill their obligation as well. Also, even those who do know the blessings by heart may forget a blessing in the disorientation of waking, while if they recite them from a siddur in synagogue, they will remember to say them all. Further, we want to enhance the mitzvah and recite Birkot HaShachar in the most respectful way, with clean hands and while properly dressed, and therefore we delay the recital of the berachot until after all the preparations for prayer are finished (Shulchan Aruch 46:2). Moreover, there are people who find it very difficult to concentrate immediately upon waking up, and only after they dress and wash their faces are they able to recite Birkot HaShachar with kavanah (Seder HaYom).

03 – Birkot HaShachar for One Who Does Not Derive Pleasure

There is a dispute among prominent Rishonim regarding the question of whether a person may recite one of the Birkot HaShachar from which he does not derive direct personal pleasure. For instance, may a blind person recite the berachah, Poke’ach ivrim?

According to the Rambam (Tefillah 7:9), only a person who derives pleasure from something may recite a blessing on it. Therefore, a person who slept at night wearing clothing, since he does not get dressed in the morning, does not recite Malbish arumim. A handicapped person who cannot walk does not recite Hamechin mitzadei gaver. A paralyzed person, who cannot move his limbs, does not recite Matir assurim and Zokef kefufim. Some people of Yemenite descent follow the Rambam’s opinion today. The Shulchan Aruch (Orach Chaim 46:8) takes this opinion into consideration and rules that one does not mention Hashem’s Name when reciting blessings from which he does not derive pleasure.

By contrast, the Kolbo (section 1) writes in the names of Rav Natrunai Gaon, Rav Amram Gaon, and the remaining Geonim, that the minhag is to recite all Birkot HaShachar in order, whether or not one derives pleasure from them, because they were instituted based on the general pleasures of the world. Furthermore, the fact that others derive pleasure from something can be indirectly useful for someone who does not directly derive pleasure from it. Therefore, even a paralyzed person who cannot straighten himself, blesses Hashem for all the other people who can straighten themselves and help him. A blind person also recites Poke’ach ivrim for the fact that others are able to see and can therefore show him the way and tend to all his needs. This is how the Rama rules.

Likewise, the opinion of the Ari HaKadosh is that every Jew must recite all of the Birkot HaShachar in their order to thank Hashem for all the general good that He showers on the world. In many minhagim regarding prayer, the Sephardim have the custom to follow the Ari, and therefore they recite all Birkot HaShachar in order.^[1]

[1]. There is a dispute among the poskim regarding whether the berachah She’asah li kol tzorki, normally said on footwear, is recited on Yom Kippur and Tishah B’Av, days on which it is prohibited to wear shoes. According to the Rosh, Ran, and the Tur, it is recited. That is also what the Mishnah Berurah writes in 554:31, based on the Levush, Eliyah Rabbah, and Pri Megadim. That is how the Ashkenazim and a few Sephardim practice; see Yalkut Yosef, part 1, p. 51. However, according to the Ari, even though a mourner does recite She’asah li kol tzorki, it is not recited on those days, as is written by the Chida, Ben Ish Chai, and Kaf HaChaim 46:17. Rav Pe’alim 2:8 writes that according to this minhag, even at the end of the fast it is not recited. (However, in Ma’asei Rav 9 it is written that the Gra was accustomed to reciting it at the conclusion of the fast).

04 – Until When May One Recite Birkot HaShachar?

Whoever forgot to recite Birkot HaShachar before the prayer service may recite them afterwards, with the exception of the blessing Al netilat yadayim, which may not be recited after praying because it was instituted as a preparation for prayer. Similarly, he may not recite Birkot HaTorah since he already fulfilled his obligation by saying Ahavat Olam. Also, he may not recite Elokai Neshamah, since there are those who say that he already fulfilled his obligation to recite Elokai Neshamah when he recited Birkat Mechayei hameitim in the Amidah.

Therefore, one who must skip Birkot HaShachar in order to pray in a minyan on time should at least recite Al netilat yadayim, Elokai Neshamah, and Birkot HaTorah first, because if he does not recite them first, he will not be able to make them up after the prayer service (Mishnah Berurah 52:2).^[2]

Until when may he recite them? Since there are those who equate the time to recite the berachot to the time of the Amidah, l’chatchilah he should try to recite them before the first four hours of the day have passed, and b’dieved until chatzot (halachic noon). However, if he did not succeed in saying them before chatzot, b’dieved he may recite them the whole day. The reason for this is that according to the majority of poskim, the time to say the berachot differs from the time to recite Shacharit, because Birkot HaShachar are blessings of thanks for the good things from which people derive pleasure throughout the day.^[3]

[2]. For a more extensive outline of the laws of Birkot HaTorah, see further in this book, 10:2 and note 2. Concerning Elokai Neshamah, the Mishnah Berurah 52:9 and Bei’ur Halachah write that the Pri Chadash maintains that one fulfills his obligation by reciting Birkat Mechayei hameitim. The Chayei Adam and Derech HaChaim quote him. However, Ma’amar Mordechai disagrees with him. That is also what the Pri Megadim understands from the Rama’s words, and what we can infer from the Gra’s writings. In any case, in order to avoid uncertainty, one who skips Birkot HaShachar in order to pray in a minyan should first recite Elokai Neshamah. If he did not recite it, he may not recite it after the prayer service, for safek berachot l’hakel, (when there is doubt regarding the recital of berachot we are lenient). However, the Bei’ur Halachah writes that one may rely on all of the poskim who maintain that one may recite Elokai Neshamah after the prayer service. Further, the Mishnah Berurah writes that if he explicitly has kavanah in Birkat Mechayei hameitim not to fulfill his obligation for saying Elokai Neshamah, he does not fulfill it and he may recite it after the prayer service. However, the Yechaveh Da’at 4:5, in the footnote, writes that this kavanah does not help. According to this, if, in the middle of saying Birkot Keriat Shema, he remembers that he did not recite Birkot HaShachar, he should recite Elokai Neshamah even between the berachot, so as not to miss out on saying it altogether (Yalkut Yosef 46:23-24).

[3]. The Derech HaChaim, based on the Magen Avraham, writes that the laws of Birkot HaShachar are equal to the laws of the Amidah, and just as the time of the Amidah lasts four proportional hours, which is a third of the day, so does the time to recite Birkot HaShachar. There are those who maintain that just as b’dieved one may recite Shacharit until chatzot (halachic noon), the same is true for Birkot HaShachar (Rabbi Shlomo Kluger). Kaf HaChaim 71:4 writes that if one already prayed Shacharit he may recite Birkot HaShachar within the first four hours of the day, and if he did not yet pray Shacharit, he may recite them until chatzot. However, according to the majority of poskim, Birkot HaShachar are not directly linked to prayer, and one who forgets to recite them in the morning may recite them the entire day, and that is what is written in Mishnah Berurah 52:10 and Rav Pe’alim 2, Orach Chaim 8. (According to the Gra, if one forgot to recite them during the day, he may say them even at night until he goes to sleep. The Yalkut Yosef 46:25 writes that one who practices this way has on whom to rely.)

05 – The Time to Recite Birkot HaShachar for One Who Wakes Up in the Middle of the Night

L’chatchilah, all the blessings should be recited as close as possible to the time one wakes from his sleep and it is not necessary to say them specifically after alot hashachar. Therefore, one who gets up before alot hashachar in order to learn Torah, to work, or for any other purpose, must recite Birkot HaShachar immediately upon waking up. However, Birkot HaShachar may not be recited before chatzot (halachic midnight). Therefore, a person who wakes up before chatzot must wait until after chatzot to recite Birkot HaShachar. If he recites them before that time, he does not fulfill his obligation (Mishnah Berurah 47:31; Kaf HaChaim 29).^[4]

One who wakes up after chatzot for a few hours and plans on returning to sleep until the time to recite Shacharit, such as a soldier who gets up after chatzot for guard duty and goes back to sleep, must say Birkot HaShachar after his main waking. If, in his opinion, his initial waking is his main one, and he considers any sleep after that similar to a nap in the middle of the day, he must recite them after the first sleep. If his second rising is his main one, he must recite them after the second rising. However, the kabbalistic custom is that as long as the first rising is after chatzot, he must say Birkot HaShachar after the first rising. If he did not say them after the first rising, then he must say them after the second.^[5]

It is the opinion of most poskim that the law regarding Birkot HaTorah is similar to the ruling for blessings recited upon the performance of mitzvot. Therefore one must recite them every time he wakes up from a regular sleep at night. Still, there are those who have the custom to recite them only after the first rising (see the laws of Birkot HaTorah further in this book 10:6).

[4]. Regarding the berachah, Hanoten lasechvi vinah, the Shulchan Aruch 47:13 writes, based on the Rosh and the Tur, that he must wait until the light of day begins to appear in order to recite it. The Mishnah Berurah 47:31 and Bei’ur Halachah write that the Acharonim (Magen Avraham in the name of the Zohar, Pri Chadash, and the Gra) agree that even this berachah may be recited before daylight arrives. However, the Chayei Adam writes that l’chatchilah if one recites it before daylight, he should be careful not to recite it before he actually hears a rooster crow. The Mishnah Berurah concludes that b’dieved one fulfills his obligation even if he recites it before hearing a rooster crow, as long as he recited it after chatzot. Kaf HaChaim 30 writes in the name of the Pri Chadash and the Chida that according to the halachah and the Zohar, l’chatchilah, one may recite it after chatzot. That is what I wrote above, since b’dieved everyone agrees that he fulfills his obligation. There is also concern that if one divides the recital of Birkot HaShachar, he will forget to recite a certain berachah afterwards.

[5]. The Mishnah Berurah 47:30 writes that if the first time he wakes up is after chatzot, he may recite Birkot HaShachar. He did not specify whether it is preferable to recite them particularly after the first rising. However, the Kaf HaChaim 46:49 writes based on the Kabbalah, that it is best to recite them following the first waking after chatzot. One who cannot determine which rising is considered his main one should practice according to the Kaf HaChaim and recite them after the first rising.Further, it is important to note that according to the Mishnah Berurah 47:30, the berachot, Elokai Neshamah and Hama’avir sheinah me’einai are to be recited after the first rising without Shem u’Malchut (Hashem’s name), and the second time he recites them with Shem u’Malchut. However, if he recited them with Shem u’Malchut the first time, he may not go back and repeat them a second time. The Bei’ur Halachah expands on this, saying that according to the Pri Chadash they must be recited only after he finishes sleeping that night. If he recites them the first time he wakes up, he does not fulfill his obligation, and he must go back and recite them after the second time he wakes up. The Chayei Adam agrees with him concerning Hama’avir sheinah. However, Sha’arei Teshuvah and Derech HaChaim write not to repeat it after waking up the second time. Therefore, the Mishnah Berurah rules that if a person already recited them, he may not go back and say them again. Kaf HaChaim 46:49 writes in the name of a number of poskim and kabbalists that even these two berachot need to be recited the first time with Shem u’Malchut and any sleep after that is considered similar to a nap taken during the day. That is how Sephardim practice. The Ashkenazim follow the Mishnah Berurah, yet, even according to him, if they recited the blessing the first time, they fulfilled their obligation. In my humble opinion, it seems that it is better to teach both Ashkenazim and Sepharadim to recite all the berachot after the main waking, because when one recites most of the berachot with the first rising and leaves two berachot for the second rising, there is concern that he will make a mistake, either by forgetting to say the last two berachot, or by accidentally reciting all the berachot again the second time he wakes up. Therefore, I concluded above to recite all of Birkot HaShachar after the main waking and even when the first waking is the main one, a person who recites Elokai Neshamah and Hama’avir sheinah at that point has on whom to rely.According to the kabbalists, the best time to recite Birkot HaShachar for one who was awake all night is after chatzot, and Birkot HaTorah after alot hashachar. However, the Ben Ish Chai, Toldot 14, writes concerning someone who goes to sleep after chatzot, that although according to the Rashash he may recite Birkot HaShachar after chatzot before he goes to sleep, the custom is to recite them after one wakes up, as Rav Eliyahu writes in his siddur, p. 3.

06 – One Who Was Awake All Night

As a general rule, even a person who did not sleep all night recites Birkot HaShachar. As we learned (in halachah 3), these berachot were instituted on the basis of general benefit, and therefore, even if one does not personally derive pleasure from something, he still recites a berachah on it. However, there is a difference in minhag regarding a number of berachot.

Concerning washing one’s hands, it is agreed that a person needs to wash his hands before praying. However, the poskim differ regarding whether or not to recite a berachah on this washing. According to the Mishnah Berurah (4:30), before praying, it is best relieve oneself and touch a part of the body which is normally covered, thereby necessitating the washing of one’s hands with a berachah. However, in any case, the Sephardic minhag is not to say a berachah on this washing (Kaf HaChaim 4:49, and see above 8:2).

Similarly, regarding Birkot HaTorah, there is a dispute as to whether or not one is obligated to repeat these berachot with the dawn of a new day. Therefore it is best to hear the berachot recited by someone who slept, with the intention to fulfill the obligation by hearing them. If one cannot find another person around him who can recite the berachot for him to hear, some poskim rule that one may recite them by himself. Such is the custom of Sephardim and some Ashkenazim. There are others who rule that one should have in mind to fulfill his obligation in Ahavah Rabbah, and that is how most Ashkenazim practice (see the laws of Birkot HaTorah further in this book 10:7).

There is also doubt concerning Elokai Neshamah and Hama’avir sheinah, since some say that only one who has slept may recite them. In order to avoid uncertainty, it is best to hear these berachot being recited by someone who slept, and in doing so fulfill his obligation. If there is no one around to recite them, according to the Sephardic minhag and some Ashkenazic poskim, one may recite them himself, although the Mishnah Berurah maintains that he should not.

In summary: according to the Sephardic minhag and some Ashkenazim, one recites all the berachot, with the exception of Al netilat yadayim, and it is best to hear another person recite Birkot HaTorah, Elokai Neshamah, and Hama’avir sheinah. According to the majority of the Ashkenazim, based on the Mishnah Berurah, one first goes to the bathroom and then recites Al netilat yadayim. Concerning Birkot HaTorah, Elokai Neshamah, and Hama’avir sheinah, one should hear another person recite them. If there is no one else there who needs to say these berachot, a person may not recite them on his own; rather he should have in mind to fulfill his obligation of Birkot HaTorah in Ahavah Rabbah.^[6]

[6]. The Sephardic minhag, based on the Ari, is explained in Kaf HaChaim 46:49. The Kaf HaChaim also writes that according to the Kabbalah, Birkot HaShachar should be recited immediately after chatzot; however, one must be careful to recite Birkot HaTorah only after alot hashachar. See further in this book, chapter 10, note 8.
The Mishnah Berurah 46:24 writes that according to the Eliyah Rabbah, one who did not sleep should not recite Elokai Neshamah and Hama’avir sheinah. The Pri Megadim and the Sha’arei Teshuvah indicate that this matter requires further study. The Sha’arei Teshuvah concludes that one should fulfill his obligation by hearing them recited from another person. This implies that if there is no one he can listen to recite the berachot he may not recite them due to doubt. Still, the Aruch HaShulchan 46:13 writes that according to the Rama one may recite the berachot. An Ashkenazi who follows that custom has on whom to rely (and perhaps in order to limit disagreement, the ruling should be according to them). Regarding Birkot HaTorah, see the laws of Birkot HaTorah further in this book 10:7, where the opinions and customs are clarified.

01 – The Value of Birkot HaTorah

After the Land of Israel was destroyed, and the nation of Israel was exiled, a major question arose, reflected in the words of the prophet (Jeremiah 9:11): “Why has the land been destroyed?” Certainly, everyone knew that we were exiled from our land as a result of our sins, but the question was: what was the fundamental sin behind the spiritual collapse that led to the destruction? The Chachamim, the prophets, and the ministering angels were asked this question and did not know how to answer, until HaKadosh Baruch Hu Himself explained, “Hashem says: ‘Because they abandoned My Torah which I had given them’” (ibid., 9:12). Chazal interpret this to mean that they did not recite the blessing on the Torah before engaging in its study (Nedarim 81a). That is to say, although they actually learned Torah, they did not relate to it as Divine instruction. Because of this, they were considered to have forsaken the Torah of Hashem. For anyone who learns Torah as if it is just one of the wisdoms of the world is not considered one who learns Torah at all. However, when we recite Birkot HaTorah properly, indeed we approach Torah out of faith and attachment to the One who granted it to us.

The Chachamim further inquire (Nedarim 81a): why is it that not all the sons of talmidei chachamim (Torah scholars) continue in their fathers’ paths and become talmidei chachamim themselves? For without a doubt the fathers wanted their children to follow in their footsteps and become engrossed in Torah all their lives, and strove to educate them in that direction. If so, why did they not all succeed ? Moreover, in those days, it was widely accepted that every son continue in his father’s profession: sons of carpenters became carpenters, sons of farmers became farmers, and so on. Consequently, the Gemara’s question is all the more perplexing – why don’t a relatively large percentage of sons of talmidei chachamim become talmidei chachamim themselves? There are a number of explanations brought in the Talmud, the last one being Ravina’s, which states that it is because they do not recite Birkot HaTorah before learning. In other words, many times, sons of talmidei chachamim learn Torah only because they see their fathers learning; as sons like to mimic their fathers, they too, strive to learn Torah. However, Torah can only be acquired by learning for the sake of Heaven (l’shem Shamayim), out of a personal desire to attach oneself to the One who grants us the Torah, and therefore, those sons who learn out of compulsion, routine, or merely mimicking their fathers, do not see blessing in their learning.

02 – The Content of the Torah Blessings and the Ruling Regarding Ahavat Olam

Birkot HaTorah are comprised of three parts. In the first part, we bless Hashem who sanctified us with His mitzvot and commanded us to occupy ourselves with the study of Torah. In the second, we request that the Torah, which Hashem taught His nation Israel, be pleasant to us, that we merit learning it with desire, and that we and our offspring have the privilege of understanding the depth of its content.^[1]

In the third part, we bless and thank Hashem for choosing us from among all the nations and giving us His Torah. The Chachamim say (Berachot 11b) that this is the prime berachah of Birkot HaTorah, since it mentions the unique virtue of the nation of Israel, that Hashem “chose us from among all the nations” and, because of this Divine selection, consequently “gave us His Torah.” This is the nature of Israel’s soul, that it is attached and devoted to Hashem and His Torah, and therefore only the nation of Israel can receive the Torah and with it illuminate the world. Among the nations of the world, there may be righteous and devout gentiles, but this is a personal piety of individual people who lack the ability to repair the entire world. As seen from our long history, only the nation of Israel can serve Hashem within a national framework and strive to uplift and rectify the world in the path of truth and kindness.

Based on this, it is clear why the Ahavat Olam berachah (“Ahavah Rabbah,” according to Nusach Ashkenaz), which we say before the recital of Shema, can replace Birkot HaTorah. The main part of this prayer refers to Hashem’s love for Israel and its conclusion is, “Who chooses His people Israel with love.” Additionally, the subject of Torah is mentioned at length, for Israel and the Torah are inseparable.

In practice, one who is not certain as to whether he recited Birkot HaTorah can have kavanah to fulfill his obligation of Birkot HaTorah when reciting Ahavat Olam. Likewise, one who forgets to recite Birkot HaTorah before praying and arrives at Ahavat Olam should have in mind to fulfill his obligation of Birkot HaTorah when saying it, and after the prayer service remember to learn words of Torah as one does after Birkot HaTorah (Shulchan Aruch 47:7).^[2]

[1]. The Rishonim and Acharonim disagree regarding how many berachot are included in Birkot HaTorah. According to Rabbeinu Tam, Rosh, and others, there are two berachot, and the second part is a continuation of the first. Therefore, one must begin “V’Ha’arev” with a connecting vav (vav hachibur) and Amen is not recited upon the conclusion of the first part. According to the Rambam and others, there are three berachot; hence the word “Ha’arev” is recited (without a vav) and Amen is to be answered after the first part. The Shulchan Aruch, Orach Chaim 47:6, writes that it is preferable to start “V’Ha’arev” with a vav in order to fulfill the obligation according to all opinions. The Mishnah Berurah 47:12 writes that it is the opinion of most Acharonim not to answer Amen at the end of the first part. Therefore, it is best to say it quietly in order to avoid uncertainty. Nonetheless, the Ben Ish Chai and Kaf HaChaim 47:10 and 47:13 write that one should answer Amen after it, even though we say “V’Ha’arev” with a vav, for that is what Rav Chaim Vital testified in the name of the Ari.

[2]. The source for this is in Berachot 11b where it mentions that the berachah is called “Ahavah Rabbah” according to Nusach Ashkenaz and “Ahavat Olam” according to Nusach Sephard (following the opinion of rabbanan there). Concerning one who forgets to recite Birkot HaTorah and arrives at Ahavat Olam, the Mishnah Berurah 52:9 writes that he should have in mind to fulfill his obligation when reciting Ahavat Olam. Additionally, see Bei’ur Halachah s.v. “Poteret,” where it seems from Talmidei Rabbeinu Yonah that one must have kavanah explicitly in this berachah in order to fulfill his obligation. However, according to the Rosh, even without kavanah, one fulfills his obligation b’dieved by saying it, and that is what is inferred from the Acharonim. They further debate whether one must learn Torah immediately afterwards. The Yerushalmi writes that one is required to learn and that is the opinion of the majority of Rishonim. However, some say (Tosafot Berachot 11a) that the Bavli disagrees, and therefore, according to them it is unnecessary to learn immediately after its recital. Further, they are uncertain as to whether Shema can be considered learning. In order to avoid uncertainty, one must learn something immediately after praying. (According to most poskim, the recital of Shema is not considered learning; see Mishnah Berurah 17 and Bei’ur Halachah in the name of Rabbi Akiva Eiger.) However, even if a person did not learn, he fulfilled his obligation b’dieved (Shulchan Aruch HaRav 6; Kaf HaChaim 17). Additionally, we do learn at the end of the prayer service, for the recital of U’va L’Tzion was instituted so that every Jew would learn verses from the books of the prophets (Nevi’im) every day, and for that purpose the words were translated, as explained further in this book 23:2. Similarly, we say Pitum HaKetoret and Tanna D’vei Eliyahu for the sake of learning Chazal’s words, as is clarified further in this book 23:5.

03 – Is the Recital of Birkot HaTorah a Biblical Commandment?

“Rav Yehudah says in the name of Rav, where do we learn that [the obligation to] recite a blessing prior [to learning Torah] is biblical? As it is written (Deuteronomy 32:3), ‘When I proclaim Hashem’s Name, ascribe greatness to our God’” (Berachot 21a). The interpretation of this verse is that the entire Torah is comprised of the names of HaKadosh Baruch Hu (Zohar, part 2, 87:1; Tikunei Zohar, Tikun 10) for He is completely concealed from us, and through the Torah HaKadosh Baruch Hu is revealed to the world. Hence, we learn that the Torah is the names of HaKadosh Baruch Hu and through it He is manifest. That is the meaning of the verse, “Ki Shem Hashem ekra,” “When I proclaim Hashem’s Name” – before learning Torah, “Havu godel l’Elokeinu,” “Ascribe Greatness to our God” – recite a blessing for the Giver of the Torah.

In practice, the Rishonim are divided concerning the question of whether these words should be taken literally, making the recital of Birkot HaTorah before learning a biblical commandment. According to the Rambam and the Shulchan Aruch (Orach Chaim 209:3), reciting Birkot HaTorah is a rabbinic enactment and what Chazal extrapolated from the verse is none other than an asmachta (a reference). Based on this, in a case of doubt, one must be lenient and refrain from reciting the blessings, and that is the custom of the Sephardim (Kaf HaChaim 47:2). According to the majority of Rishonim, among them the Ramban and the Rashba, the source for the mitzvah to recite Birkot HaTorah is biblical. Therefore, when a person is uncertain as to whether or not he recited Birkot HaTorah, he must be stringent and recite them, in keeping with the rule, sefeika d’oraita l’chumra (we are stringent concerning matters of biblical uncertainty), and that is the minhag of the Ashkenazim (Mishnah Berurah 47:1).^[3]

However, all opinions agree that if there is a person present who did not yet recite Birkot HaTorah, it is preferable to fulfill one’s obligation by hearing him recite them and in that way avoid uncertainty. When there is no such option, if one is about to pray and recite Ahavat Olam (or Ahavah Rabbah), he should have kavanah to fulfill his obligation of Birkot HaTorah in his recital of that berachah. Nevertheless, if the time to pray has not yet arrived, and there is no one whom he can hear recite the berachot, according to those who maintain that the obligation to recite Birkot HaTorah is biblical, he must be stringent and recite them out of uncertainty. It is sufficient to recite only the third berachah, “Asher bachar banu” (“Who chose us,”) for it is the most important from among Birkot HaTorah.

[3]. According to the Rambam, Birkat HaMazon is the only blessing that is a biblical commandment, and that is what the Shulchan Aruch, Orach Chaim 209:3, writes. However, most Rishonim and Acharonim maintain that Birkot HaTorah are also a biblical obligation. Similarly, the Sha’agat Aryeh 24 proves this from the fact that the Gemara wants to learn a principle of kal vachomer from Birkot HaTorah and apply it to the berachah before eating and a kal vachomer principle cannot be learned from a rabbinic ruling. Nevertheless, concerning a case of uncertainty, although there are those who rule to recite all the berachot, he writes that one must recite only the “Asher bachar banu” berachah as it is written in the Mishnah Berurah 47:1. See Yalkut Yosef 47:2 for an expanded list of sources. Additionally see Aruch HaShulchan 47:2 who explains that even according to the Rambam, Birkot HaTorah is biblical, yet it is included in the mitzvah of learning Torah and therefore is not listed as its own commandment.

04 – Before What Type of Learning Must the Berachot Be Recited?

One must recite Birkot HaTorah before learning any part of the Torah (Shulchan Aruch, Orach Chaim, 47:2). In other words, even one who only intends to learn Midrash or halachah on a particular day must recite Birkot HaTorah at the onset of that day. The reason for this is that the entire Torah – whether it is Torah Shebichtav (the Written Torah) or Torah Sheb’al Peh (the Oral Torah), the halachic segments or the philosophical – was all given from Hashem to Moshe on Mount Sinai (Yerushalmi, Pe’ah, chapter 2, halachah 4) and when studying them, one must recite, “Who chose us from among all His nations and gave us His Torah.”

There is dissension among the poskim regarding whether or not Birkot HaTorah must also be recited before thinking Torah thoughts. For example, a person who arises in the morning with the desire to ponder a few ideas of Torah, according to most poskim does not need to recite the berachot. Still, there are those who disagree. In order to avoid uncertainty, one who wakes up and wishes to reflect upon words of Torah should first recite Birkot HaTorah and immediately afterwards say a few verses. However, someone who temporarily wakes from his sleep in the middle of the night, and wants to contemplate Torah ideas until he falls back to sleep, need not recite Birkot HaTorah.^[4]

Those who listen to Jewish music when they wake up in the morning or in the middle of the night do not need to recite Birkot HaTorah since they do not have the intention to learn.

One may recite Birkot HaTorah and Birkot HaShachar while standing, sitting, lying down, and walking. Nevertheless, there are those who are strict to say Birkot HaTorah while standing, or walking, but not while sitting or lying down.^[5]

[4]. According to the Shulchan Aruch 47:4, it is only necessary to recite a blessing if the learning is actually said out loud, since that is the essence of Torah learning, as it is written (Joshua 1:8), “This book of the Torah shall not depart from your mouth. You shall meditate thereon day and night.” Although in-depth study of certain matters is possible and perhaps even preferable to do via one’s thoughts, still, at all other times it is necessary to learn by saying the words out loud (Shulchan Aruch HaRav, Hilchot Talmud Torah 2:12). In that way, the learning one accomplishes becomes clearer and the abstract ideas he learned via thought are understood better. Further, someone who learns out loud remembers his learning better (see Eiruvin 54a). However, the Vilna Gaon (Gra) maintains that even though the essence of one’s learning should be done out loud, nonetheless, even thinking the words and ideas of the Torah is part of the mitzvah, as it says (Joshua 1:8), “You shall meditate thereon day and night,” and “meditating” is thinking. Therefore, it is necessary to recite Birkot HaTorah prior to mental learning as well. Kaf HaChaim 6 mentions opinions that someone who is reading a book usually will also read with his mouth. Nevertheless, although it is good to take into consideration the opinion of the Gra, one must say a few verses aloud after Birkot HaTorah in order to adjoin the blessing to the learning. For that reason, it is customary to recite the verses of Birkat Kohanim after Birkot HaTorah (Mishnah Berurah 47:5). One who wakes from his sleep and wants to continue lying in his bed can rub his hands on his blanket, recite Birkot HaTorah, say a few verses, and ponder Torah thoughts, as explained in Shulchan Aruch Orach Chaim 4:23 and Mishnah Berurah paragraphs 59 and 61. If he wakes up in the middle of his sleep, I wrote that he may think thoughts of Torah without reciting the berachot, taking into consideration the opinion of the Shulchan Aruch and our custom to bless once a day following Rabbeinu Tam, as explained further in this chapter in halachot 6 and 7.

Further, the Shulchan Aruch 47:3 clarifies that one who writes words of Torah is considered to be learning and must recite a blessing prior to doing so. However, there are those who disagree, among them the Taz. In practice, the Acharonim agree that one who wants to write words of Torah must bless and afterwards recite a few verses, thereby fulfilling his obligation according to all opinions (Mishnah Berurah 47:4; Kaf HaChaim 5).

[5]. The Rishonim write that Birkot HaMitzvot must be recited while standing. Therefore, the berachah recited on wrapping oneself in tzitzit, for example, is recited while standing, as well as the berachah before blowing the shofar or shaking the lulav (Beit Yosef, Orach Chaim, beginning of section 8). Based on this, it would seem to be necessary to recite Birkot HaTorah while standing as well, for these blessings are also included in Birkot HaMitzvot. However, it is the opinion of the Pnei Yehoshua (Megillah 21a), that the obligation to stand pertains to mitzvot which are performed while standing, such as harvesting the sheaves of grain (for Korban HaOmer) and blowing the shofar, but regarding mitzvot that can be performed either while standing or sitting, such as Torah learning, one may recite the blessing while sitting. That is what is written in Yechaveh Da’at 5:4. Yaskil Avdi 8:3 adds that according to sod (mysticism), it is correct to recite Birkot HaTorah while standing. All this is lechatchilah; however, obviously one who recites the blessing while sitting fulfills his obligation. Even blowing the shofar and counting the Omer may, in extenuating circumstances, be performed while sitting, as clarified in Mishnah Berurah 8:2. In practice, many Ashkenazim follow the custom to recite Birkot HaTorah and Birkot HaShachar while standing or walking, but not while sitting.

05 – Birkot HaTorah for the Whole Day

Birkot HaTorah are recited in the morning in conjunction with the recital of Birkot HaShachar, and they encompass all learning performed throughout that day. Even if a person goes to eat and to work afterwards, he does not need to recite Birkot HaTorah upon returning to learn.

In that respect Birkot HaTorah differ from other Birkot HaMitzvot (berachot recited upon the performance of a mitzvah). Concerning all other mitzvot, every time a person performs the mitzvah anew, he must recite another berachah because the mitzvot are only designated for a specific time of the day, or for a particular act. For example, the mitzvah of sukkah requires that a person eat and sleep in the sukkah, while at all other times he is permitted to go wherever he desires. Similarly, the mitzvah of tallit can be fulfilled after one minute of the day. Therefore, every time one wraps himself anew in his tallit, or goes into the sukkah to eat another meal, he must repeat the particular berachah intended for that mitzvah.

However, the mitzvah of learning Torah is a general mitzvah that encompasses all of a person’s days and hours, as it is written (Joshua 1:8), “You shall meditate thereon day and night.” Even if a person learned in the morning, the commandment to learn still applies at night and at every available hour (Tosafot, Berachot 11b, s.v. “Shekvar”). Further, even when a person is not learning Torah, the Torah guides his life within the confines of halachah, middot (proper character traits), and faith. Even when a person is relieving himself or bathing, times at which it is prohibited to think Torah thoughts, there are halachot guiding him in these instances also, thus illustrating that no one can ever detach himself from Torah (see Agur, section 1, brought by the Beit Yosef 47:11). Therefore, Birkot HaTorah recited in the morning cover all of one’s learning throughout that day, and any work or business conducted in the interim is not considered to be an interruption (Shulchan Aruch 47:10).^[6]

[6]. The Rishonim disagree concerning the question of whether it is an obligation to learn a few verses of Torah immediately upon reciting Birkot HaTorah. According to Ri, one of the Ba’alei HaTosafot (Berachot 11b, “Shekvar”), Birkot HaTorah differ from the other Birkot HaMitzvot in that they are not directed only towards the present learning, rather they are designated for Torah learning throughout the entire day. Therefore, there is no obligation to learn specifically after the berachah, rather the obligation is to learn something during the day. That is how the Beit Yosef interprets the opinions of the Rosh and the Tur as well. However, the Rambam maintains that the law concerning Birkot HaTorah is like all Birkot HaMitzvot, in which it is necessary to adjoin the berachah to the mitzvah and therefore one must learn immediately following its recital. If he does not learn immediately, the berachah becomes nullified. This case is similar to a person who wants to eat cake and recites, “Borei minei mezonot”, yet does not eat right away, and instead goes to do other things. When he finally wants to eat from the cake, he will need to go back and repeat the Mezonot blessing. Even though it seems from the Shulchan Aruch that the ruling is according to Ri, nonetheless, in the opinion of many Acharonim we follow the Rambam (Mishnah Berurah 47:19), for the Rama in Darkei Moshe explains the opinions of the Rosh and the Tur like the Rambam. Nowadays, the prevalent minhag among all Jews is to recite the three verses of Birkat Kohanim after Birkot HaTorah and that is considered learning after the berachah. After that, many add other rabbinic words such as “Eilu devarim…”, for they contain words of Mishnah and Beraita, (which are considered words of Gemara), and in that way every Jew merits learning Scripture, Mishnah, and Gemara daily.

06 – Is Sleep Considered an Interruption Regarding Birkot HaTorah?

The poskim are divided as to whether sleep is considered a break after which it is necessary to repeat the recital of Birkot HaTorah.

According to most Rishonim, among them the Rosh, a person’s regular sleep in his bed is considered an interruption regarding Birkot HaTorah. The whole time a person is awake, the Torah continuously escorts and guides him. However, when a person sleeps, he ceases to think and his consciousness fades. Therefore, sleep is deemed an interruption regarding the mitzvah to learn Torah. Based on this, it is necessary in principle to recite Birkot HaTorah even after a nap during the day. Nonetheless, it has been customary to consider daytime sleep, even if it lasts a long time, to be temporary sleep, which does not constitute an interruption; hence, Birkot HaTorah recited in the morning are also effective after a daytime nap. However, regular sleep at night is an interruption and one must recite Birkot HaTorah after it. Therefore, one who needs to arise in the middle of the night for guard duty, and intends to return to sleep afterwards, recites Birkot HaTorah twice, once when he wakes up for guard duty, and a second time when he wakes up in the morning. That is the practice of Ashkenazim and many Sephardim (Shulchan Aruch, Orach Chaim 47:11; Mishnah Berurah 29).

There are those who say that sleep is not considered to be an interruption concerning Birkot HaTorah and that the law of Birkot HaTorah is similar to the law of Birkot HaShachar, which are recited once a day. Therefore, one who wakes up in the middle of the night for guard duty recites Birkot HaTorah after the first waking and does not recite them after the second time he wakes up (Kaf HaChaim 47:29; concerning the laws of Birkot HaShachar see earlier in this book 9:5).^[7]

[7]. The Beit Yosef 47:11 and 13 explains that according to the majority of poskim, any regular sleep is considered to be an interruption. Yet, he cites Rabbeinu Tam, Ram, and Talmidei Rabbeinu Yonah, who maintain that Birkot HaTorah last until the Shacharit prayer of the next day. Even if he slept a regular sleep, it is not an interruption. In practice, the Beit Yosef concludes that only regarding regular sleep during the day do we take into consideration the opinions which maintain that it is not an interruption. That is what is written in Shulchan Aruch 47:13. However, regular sleep at night is considered to be an interruption and it is necessary to recite the blessings after it. This is what the Pri Chadash 47:13 and many other Acharonim write, as well as the Mishnah Berurah 47:29, based on the absolute majority of the poskim. That is also what is written in Yabia Omer 8:5. Some Acharonim suggest compromises, such as reciting all Birkot HaTorah the first time and one berachah the second time (Shut Maharsham 3:337). However, according to the majority of poskim, one must recite all Birkot HaTorah after every regular sleep at night. What is the definition of regular sleep? The Rosh writes that sleep is considered regular when one goes to sleep on his bed. Bei’ur Halachah, section 4:16 writes that the middle opinion regarding sixty breaths taken while sleeping is approximately half an hour. See the note in Yabia Omer there.Moreover, the Mishnah Berurah 47:25 writes that one who recites Birkot HaTorah after a regular sleep during the day does not lose out, because that is the opinion of the absolute majority of the poskim. (Additionally, according to most poskim, the obligation to recite Birkot HaTorah is biblical, and sefeika d’oraita l’chumra, when there is doubt concerning a biblical commandment, we are stringent.) Even so, the accepted minhag is not to recite the berachot. The Kaf HaChaim 25 writes in the name of the Ben Ish Chai, Vayeshev 12, that in order to avoid uncertainty it is best to recite the berachot in his thoughts. He further advises that while saying Birkot HaTorah in the morning one should have kavanah explicitly that they continue to last after sleep, for perhaps such kavanah will be effective. The Mishnah Berurah 13 suggests having kavanah to fulfill the obligation of Birkot HaTorah in the recital of Ahavat Olam in Ma’ariv, and after the berachah to say a verse for the sake of learning, for we learned in halachah 2 that Ahavat Olam is considered to be like Birkot HaTorah.

The opinion of the Ben Ish Chai, Vayeshev 13, also cited by the Kaf HaChaim 47:29, is that, according to Kabbalah, the law of Birkot HaTorah is similar to the law of Birkot HaShachar, that they are not recited twice in a 24-hour period. Their opinion is based on Rabbeinu Tam. However, according to Rabbeinu Tam, Birkot HaTorah are recited in the morning adjacent to Shacharit, and according to the Ben Ish Chai, if one slept twice at night, he recites the blessings after the first sleep and not after the second (and he should have kavanah in Ahavat Olam to fulfill the obligation of Birkot HaTorah). According to this, there is a certain distinction between Birkot HaShachar and Birkot HaTorah. Birkot HaTorah has two intentions: one, as part of Birkot HaShachar whose time starts after chatzot, and the second, as berachot before learning Torah. Therefore, one who wakes up close to chatzot should wait and recite Birkot HaTorah with Birkot HaShachar after chatzot. Yet, if he wakes up long before chatzot, he may recite them before chatzot alone. There were devout people who were accustomed even in such a case to wait and recite the blessings after chatzot.

07 – One Who Was Awake All Night

According to the Rosh and most of the Rishonim, one who was awake all night, as on Shavuot night, may not recite Birkot HaTorah before Shacharit, because as long as he did not interrupt by sleeping, the previous day’s Birkot HaTorah still apply. That is how many eminent Acharonim rule (Pri Chadash, Gra, Chayei Adam). According to Rabbeinu Tam, however, he must recite Birkot HaTorah before Shacharit. Since Birkot HaTorah are intended to last for a 24-hour period, even if he did not sleep at all during that whole day, when the time arrives to recite Shacharit the next day, he must recite Birkot HaTorah again. That is what is said in the name of the Arizal, and that is the minhag of the Sephardim (Birkei Yosef 46:12; Ben Ish Chai, Berachah 3; Kaf HaChaim 47:26).

In order to avoid uncertainty, it is preferable that someone who did not sleep at night hear someone else recite Birkot HaTorah, thereby fulfilling his obligation according to all opinions.

If he cannot find someone who needs to recite Birkot HaTorah, according to the minhag of the Sephardim and some of the Ashkenazim, he should recite Birkot HaTorah himself. According to the minhag of the majority of Ashkenazim, he should have kavanah to fulfill the obligation of Birkot HaTorah in Ahavah Rabbah before Shema (Mishnah Berurah 47:28), for we have already learned (in halachah 2) that this berachah is considered like Birkot HaTorah. After praying he must learn a verse of scripture or a Mishnah in order to adjoin his learning to the berachah.^[8]

Regarding that same person who stayed awake all night, if he slept a regular sleep during the day prior to that, according to all opinions he must recite Birkot HaTorah before reciting Shacharit.^[9] (See earlier in this book 9:6 for a summary of the laws concerning one who was awake all night.)

[8]. This is the Sephardic minhag, based on Rabbeinu Tam. One who was awake all night must be careful not to recite Birkot HaTorah before amud hashachar. Shut HaElef Lecha Shlomo 33 writes that if he recited them before amud hashachar his berachah is in vain and it must be repeated after amud hashachar. That is also what is written in Kaf Hachaim 47:29. The Tzlach in Berachot 11b is uncertain of this, and therefore the Yalkut Yosef 47:9 writes that if he recites the berachah before amud hashachar, he should have kavanah to fulfill his obligation in Ahavat Olam. (According to the Ben Ish Chai, those who are awake all night should recite Birkot HaShachar immediately after chatzot and only delay the recital of Birkot HaTorah until after amud hashachar.)Concerning the Ashkenazic custom, the Mishnah Berurah writes that if one is not in the vicinity of someone whom he can hear recite Birkot HaTorah, he can have kavanah to fulfill his obligation in Ahavah Rabbah. That is based on the Chayei Adam in the name of Pri Chadash and the Gra. It is also the prevalent minhag. However, according to the Magen Avraham, Derech HaChaim, Eliyah Rabbah, and Shulchan Aruch HaRav 7, he should recite the blessings himself. That is what is written in Olat Ra’ayah p. 59, as well. The reason for this is because the obligation to recite the berachot is biblical and sefeika d’oriata l’chumra, (when there is doubt concerning biblical obligations, we are stringent). Obviously, one who wishes to rely on them is permitted to do so.

[9]. So writes Mishnah Berurah 47:28, according to Rabbi Akiva Eiger, that in this case, all poskim agree that one must recite Birkot HaTorah. According to the Rosh, this is because after a regular sleep during the day he is obligated to recite the berachot, and according to Rabbeinu Tam, because the new day has arrived.

01 – The Morning

The first time of the day that has halachic significance is known as “amud hashachar” or “alot hashachar” (dawn). In a case of extenuating circumstances, one may begin reciting Shema and praying the Amidah from the time of amud hashachar, but under normal conditions it is prohibited. The Acharonim disagree whether amud hashachar is the time when the first glimmer of light appears in the east (Magen Avraham, Pri Megadim), or slightly afterwards, when that first light spreads out somewhat upon the eastern sky (Eliyah Rabbah, Gra).

After amud hashachar, the time called “misheyakir” arrives. This is when enough light has already spread over the earth so that a person can recognize a friend, whom he is not accustomed to meeting, from a distance of four amot. At that time it is also possible to distinguish between techelet (a shade of skylike blue) and white. According to most poskim, l’chatchilah one may recite Keriat Shema then, but the time to recite the Amidah l’chatchilah has not yet arrived.

“Netz hachamah” is sunrise, when the first part of the sun is visible. At that moment, the time to recite the Amidah l’chatchilah begins. One who recites Keriat Shema right before sunrise and prays the Amidah immediately with netz hachamah is known to be praying “vatikin,” greatly praised by the Chachamim.

All of the mitzvot performed during the day, such as brit milah, begin at sunrise, since the time of day is defined by the sun. However, b’dieved, if they are performed from amud hashachar their obligations are fulfilled because, from a certain standpoint, the day begins even from the first glimmer of light (Megillah 20a).

02 – Calculation of the Morning Times

According to many, the time difference between amud hashachar and netz hachamah in Israel is the time it takes to walk a distance of four mil, which is approximately 72 minutes. This means that in the months of Nisan or Tishrei, 72 minutes pass from the time the east lights up until the time the sun rises.

It is important to understand that the calculation of this time changes according to the seasons of the year. During the days of Nisan and Tishrei (beginning March 5^th and October 5^th), the duration of the sun’s ascent is shortest, and the sun rises 72 minutes after amud hashachar. However, during the winter, for reasons which cannot be outlined here, the duration of the sun’s ascent continues to lengthen until, at the height of winter (December 22^nd), 78 minutes pass from amud hashachar until netz hachamah. In the summer, the time continues to extend even longer until, at its height (June 22^nd), 88 minutes pass from amud hashachar until netz hachamah. In order to determine the precise time of amud hashachar according to this method, one must calculate the time that the sun will reach 16.1 degrees below the horizon every day – and that is the time of amud hashachar.

These calculations are based on the opinion that amud hashachar begins when the eastern sky is slightly illuminated. However, according to the opinion that amud hashachar starts when the first light in the east emerges, indeed its time is earlier, when the sun reaches approximately 17.5 degrees below the horizon. However, so as not to encounter controversy, it is proper to act in accordance with the later opinion (16.1 degrees below the horizon). Only when the sky in the east is slightly illuminated does the time of amud hashachar arrive, and from then one may recite Keriat Shema and pray the Amidah in a case of extenuating circumstances.^[1]

An uncertainty also arises regarding the time of misheyakir. Despite the fact that the Chachamim defined this time as one when it is possible to distinguish between techelet and white, and when one can recognize a friend whom he is not used to seeing, from a distance of four amot, there is still doubt as to the accuracy of this time. In practice, it is accepted to teach that it is around 50 minutes before netz hachamah. See the note for its exact time.^[2]

[1].The Talmud in Pesachim 93b-94a brings the dispute concerning how much time passes from amud hashachar (dawn) until netz hachamah (sunrise). According to Ula it is approximately the amount of time it takes to walk the distance of five mil, and according to Rav Yehudah, four mil. The Rishonim disagree concerning how long it takes to walk the distance of a mil. There are those who say 18 minutes (Rambam in his commentary on Mishnah Berachot 1:1), some who say 22.5 minutes, and others who say 24 minutes (see Shulchan Aruch, Orach Chaim 459:2 and Bei’ur Halachah there). In practice, there are two main opinions: 1) 72 minutes, approximately the amount of time it takes to walk the distance of four mil (where every mil is 18 minutes). 2) Ninety minutes (where every mil is 22.5 minutes), which is what is printed in many calendars. Also see Rav Chaim Benish’s book HaZemanim BaHalachah 21:6-9.

According to the Magen Avraham and Pri Megadim, amud hashachar is the appearance of the first light in the east, and according to Eliyah Rabbah and the Gra it arrives a little later, when the eastern skies are illuminated. The Bei’ur Halachah 58:4 and section 89:1 favors the latter opinion. One should know that both opinions are talking about a very slight light visible in the east, and someone who is in a place that has electric lighting, or one who comes from an illuminated area and has constricted pupils, cannot distinguish between these changes in the east. Similarly, a person who is not accustomed to seeing amud hashachar usually cannot detect the first light in the east, nor even discern when the eastern skies are slightly illuminated.

The approach that maintains that the time from amud hashachar until netz hachamah is 72 minutes is understandable since in Jerusalem in the days of Nisan and Tishrei, the eastern skies are illuminated 72 minutes before netz. At that time, the sun is 16.1 degrees below the horizon. The rest of the year is calculated according to that same position of the sun during the days of Nisan and Tishrei, as I have written above. Still, there are those who maintain that the calculation of 72 minutes is consistent throughout the whole year and their proof is from the Gemara in Pesachim which provides a fixed measure – four mil. However, this opinion is problematic, for the determining factor is when the east becomes illuminated and not how much time has passed. The Bei’ur Halachah 261:2 s.v. “Shehu” writes similar ideas. Therefore, it must be that the time that lapses between amud hashachar and netz hachamah fluctuates according to the seasons of the year. See HaZemanim BaHalachah chapter 17, as well as chapter 16, where he explains the reasons for the differences according to the seasons.

It is worthy of mention that all these calculations pertain to Jerusalem and to all locations along the same parallel line of latitude. The closer a person gets to the north and south poles, the longer the time difference becomes between amud hashachar and netz hachamah. Even in Israel there are distinctions. In Tzfat, which is north of Jerusalem, the time difference is longer than Jerusalem by approximately a minute and a half.

Many calendars calculate amud hashachar as 90 minutes before netz in the days of Nisan and Tishrei, when the sun is 19.75 degrees beneath the horizon. Based on this calculation, in the height of the summer, amud hashachar comes out to be 112 minutes before netz. This is very problematic, because in all these times, there is no visible light in the east. According to the astronomical calculation, before the sun arrives at 18 degrees below the horizon, even people with excellent eyesight cannot notice any light, all the more so when it is 19.75 degrees beneath the horizon. Therefore, in practice it is very difficult to rely on these calendars.

However, the opinion which maintains that four mil is 90 minutes can be explained as referring to the height of summer, since then at approximately 90 minutes before netz, the east is illuminated. It is also possible to say that according to this approach, amud hashachar is the first light in the east, and is seen when the sun is approximately 17.5 degrees below the horizon. In the days of Nisan and Tishrei, it is approximately 78 minutes before netz; in the height of the winter 85 minutes before netz; and in the height of the summer, 96 minutes before netz. Perhaps 90 minutes before netz is the average time at which one can see the first light in the east. (In addition, this opinion may possibly follow the approaches which put netz a few minutes later, since it takes the mountains into consideration, see halachah 6, and then indeed 90 minutes before netz comes out to be the average time throughout the whole year. Even the approach which maintains that a mil is 24 minutes and 4 mil is 96 minutes can be explained as referring to the height of summer.)

Therefore, in summary, the law is established based on the position of the sun. There are two main approaches. The first is when the east is illuminated, when the sun is 16.1 degrees below the horizon, which comes out to be 72 minutes before netz in the days of Nisan and Tishrei. The second is from the first light, when the sun is 17.5 degrees below the horizon, which is 78 minutes before netz in the days of Nisan and Tishrei. I have chosen to write primarily according to the opinion which maintains that amud hashachar is when the eastern skies are illuminated, when the sun is 16.1 degrees below the horizon, because that is the opinion favored by the Bei’ur Halachah, and what is written by the Yechaveh Da’at 2:8, based on the Rambam and Shulchan Aruch. In addition to that, those who follow this opinion regarding the matter of Keriat Shema and the Amidah fulfill their obligation according to all, for by that time the day has certainly begun; however, the time prior to that is controversial. It is possible to accurately calculate these times anywhere with the help of Rav Eitan Tzikuni’s computer program, “Chazon Shamayim.”

[2].In the halachic writings of the Acharonim, a number of opinions are mentioned regarding designating the time of misheyakir. The Yechaveh Da’at 2:8 writes that it is 66 minutes before netz, and Kaf HaChaim 18:18 writes 60. In Jerusalem they follow 50-55 minutes before netz, and in some places in Bnei Brak, 45 minutes before netz. In practice, many books, such as Tefillah Kehilchatah 3:4 and Ishei Yisrael 18:1, write that it is approximately 50 minutes before netz. However, as we have learned, there are differences between the seasons of the year, and it is difficult to comprehend how these opinions ignore those discrepancies. Perhaps some of the poskim who write different times do not disagree at all, but rather each calculated the time at a different season of the year. See HaZemanim BaHalachah 23:6.

According to different visual observations, some poskim acknowledged the time of misheyakir to be when the sun reaches 12 degrees below the horizon, some say 11 degrees, and others only 10 degrees. In practice, it seems that it should be calculated according to the position of the sun when it reaches 11 degrees below the horizon. This comes out to 48 minutes before netz during Nisan and Tishrei, 52.5 minutes before netz at the height of winter (December 22^nd), and 58 minutes before netz at the height of summer (June 22^nd). Indeed, most of the year it comes out to around 50 minutes. Nevertheless, it is good to postpone the time of misheyakir another five minutes, although in extenuating circumstances, one may make it five minutes earlier.

I should add that in the past, when there were no clocks and people did not wear watches, these times were surely calculated according to human eyesight, and if the day was cloudy, the time of misheyakir was delayed a bit so as to avoid uncertainty. However, now that there are clocks and watches, Shut Sho’el U’Meishiv, Third Edition, part 2, 162, writes that the times are calculated according to them.

03 – The Time of Keriat Shema

The time to recite Shema in the morning is learned from the expression that appears in the Torah passage regarded the Shema, “u’vekumecha,” “when you get up,” meaning the time when people normally wake up. There are people who rise early, from the time of amud hashachar (approximately 72 minutes before netz),1 therefore, biblically, it is considered the time of waking and from then on one may recite Keriat Shema. The reason for this is that the words “when you get up” are written in the singular person, implying that even when only a few people arise from their sleep it is time to recite Keriat Shema. One who recites Keriat Shema before then does not fulfill his obligation, since his recital precedes the time of waking.

The Chachamim “created a fence” (asu siyag) to the mitzvah and established not to recite Keriat Shema l’chatchilah until the time when more people usually arise from their sleep, at which point there is already more light on the earth and one can recognize his friend from a distance of four amot (Shulchan Aruch 58:1). This is the time of misheyakir (approximately 50 minutes before netz in the days of Nisan).2

When a person cannot recite Keriat Shema after the time of misheyakir due to circumstances beyond his control, he may recite it from amud hashachar. Similarly, b’dieved, if one mistakenly recites Shema from the time of amud hashachar, he fulfills his obligation. However, there is a difference between these two cases. If one’s reason for reciting Shema early emanates from circumstances beyond his control, even if he must do so every day, he fulfills his obligation. But if he recites it early due to error, he fulfills his obligation only if his mistake seldom occurs, meaning not more than once a month. If he errs more often than that, the Chachamim penalize him; he has not fulfilled his obligation and he must go back and recite it again after misheyakir (Shulchan Aruch 58:3-4; Mishnah Berurah 58:19).

The time to recite Keriat Shema lasts until the conclusion of the first three hours of the day, for there are people, such as princes, who continue to sleep until the end of the first three hours. Therefore, until the end of the first three hours is still considered to be the time of “when you get up” (this is clarified further in halachot 10 and 11).

The most praiseworthy time to recite Keriat Shema is at vatikin, meaning slightly before netz hachamah.^[3]

[3]. According to the majority of poskim, the time of Keriat Shema begins at misheyakir and lasts for three hours, but the ideal time to pray is vatikin. This is the opinion of Talmidei Rabbeinu Yonah, Tosafot, Rosh, Rashba, Tur and Shulchan Aruch 58:1. I have written above according to this opinion. However, there are additional opinions. According to Rabbeinu Chananel and Rabbeinu Tam, the time of Keriat Shema starts after netz and lasts until the end of the first three hours of the day, and in their opinion, those who pray vatikin do not practice in accordance with halachah, because they recite Keriat Shema slightly before netz. It seems though, that even according to them, in cases of extenuating circumstances, one may recite Keriat Shema before netz. (Only according to the Razah, one does not fulfill his obligation of reciting Keriat Shema before netz.) In practice, we do not take into consideration their opinions as halachah. The Rif and the Rambam maintain that the main time for Keriat Shema is vatikin, meaning slightly before netz, and if one did not recite it at vatikin, he may do so until the conclusion of the first three hours of the day. The time prior to that is valid only in extenuating circumstances. Halachot 7 and 8 of this chapter clarify how much earlier Shacharit may be recited in practice.

04 – The Time of the Amidah

Anshei Knesset HaGedolah instituted praying three prayers every day, and established their times to correspond to the Tamid offerings. The morning Tamid was brought starting from amud hashachar, and based on that, the time of praying Shacharit l’chatchilah should begin at amud hashachar. Nonetheless, the Chachamim say that it is proper to recite the Amidah after netz hachamah, as it is written (Psalms 72:5), “Yera’ucha im shamesh” (“Let them fear You from when the sun [shines]”) (Berachot 9b). B’dieved, if one recites the Amidah from amud hashachar, he fulfills his obligation because he prayed at the time when the morning Tamid offering was brought (Shulchan Aruch 89:1).

The most praiseworthy time to pray follows the manner of the early chasidim (devoted ones) who prayed at vatikin, for they would recite the Amidah at netz hachamah.^[4]

The time to pray the Amidah lasts four hours according to Rabbi Yehudah, for that is the last time that the morning Tamid offering may be brought. Even though, in the opinion of the Chachamim, the time to offer the Tamid lasts until chatzot, the halachah follows Rabbi Yehudah, since in Masechet Eduyot, in which all the mishnayot were chosen as halachah, the opinion of Rabbi Yehudah is brought. Therefore, the time to recite Shacharit lasts until the end of the first four hours of the day (Berachot 27a). Even so, the Chachamim’s words were not rejected completely, and if four hours passed and one did not yet recite Shacharit, he may b’dieved pray until chatzot. Although his prayer does not have the value of prayer recited on time, nevertheless, it still has certain value (as clarified further in halachah 11).

[4]. See Beit Yosef 89:1 and Shulchan Aruch HaRav 89:2. In summary, there are three main opinions: 1) According to the Rambam and Rabbeinu Chananel, the essence of the institution of Shacharit is from netz until the end of four hours, and only b’dieved one may pray from amud hashachar, as ruled in Shulchan Aruch 89:1 and Mishnah Berurah 4. 2) According to the Rosh, the Gemara teaches that vatikin is the ideal time, as it says, “Yera’ucha im shamesh” (“Let them fear you from when the sun [shines]”), but the time before Netz and the four hours after it are equal, for any time that is valid for offering the Tamid is valid for praying Shacharit. 3) According to Rabbeinu Yerucham, the time to pray b’dieved is from amud hashachar until misheyakir, and from misheyakir until netz is the time to pray l’chatchilah, as well as the time after netz.

05 – Vatikin at Netz HaChamah

As we mentioned, the most praiseworthy time to recite Shema and to pray the Amidah is as the devoted ones prayed, at vatikin. They would recite Shema slightly before netz hachamah and begin to pray the Amidah at netz hachamah. The reason for this is that normally only after the sun already shines and life and nature begin to pulsate in full force does a person awaken and recognize that Hashem is God. Only then does he accept upon himself the yoke of Heaven and is inspired to pray. However, those who pray vatikin begin early and “lead” nature. Even before the sun shines and nature reveals itself in all its beauty and splendor, they accept upon themselves the yoke of Heaven with complete faith. As soon as the sun rises and the day begins, they are already standing in prayer, ushering in an abundance of blessing to this world.^[5]

The Chachamim say that anyone who connects redemption to prayer (somech geulah l’tefillah) by praying vatikin is not harmed the whole day (Berachot 9b and Tosafot there).

However, if getting up to pray vatikin will cause a person to be tired and unable to learn or work properly, it is better that he pray afterwards. Today, when people’s lifestyles have changed and important activities such as Torah classes and weddings take place at night, most people find it better not to wake up so early and to pray after the time of vatikin.

[5]. From the Gemara in Berachot 9b it can be inferred that the main objective of vatikin is that one will pray the Amidah at netz, as understood from many Rishonim and Acharonim. However, it is implied from the Mishnah in Berachot 22b that there is reason to recite Shema before netz too. Hence, the virtue of vatikin possesses two aspects, Keriat Shema and the Amidah. Therefore, there are those who are strict to ensure that even when they cannot pray at the time of vatikin, they at least recite the Shema before netz, as written in Shulchan Aruch HaRav 58:4, even if they did not yet put on their tefillin. Kaf HaChaim 58:8 writes, though, that if a person has not yet put on his tefillin, he should not recite Keriat Shema before netz. This law is also contingent upon the dispute in section 46:9 where, according to the Beit Yosef and the Rama, one may fulfill his obligation of Keriat Shema without its berachot lechatchilah, whereas according to the Ra’ah and the Gra, it is only b’dieved.

06 – The Precise Times of Vatikin and Netz

Netz hachamah is the time when the sun rises, and even though this definition is presumably clear and simple, in actuality, it is rather complex.

First, the duration of the sun’s ascent, which begins from the second we can see the first edge of the sun until it can be seen entirely, lasts approximately two and a half minutes. The poskim disagree regarding the exact time of netz hachamah. According to most halachic authorities, the time of netz is precisely when the first part of the sun is visible, and at that moment it is necessary to begin the Amidah of vatikin. Yet, there are those who say that netz is at the conclusion of the sun’s ascent. Additionally, there are those who say that netz lasts the whole two and a half minutes that the sun is rising. Moreover, there are those who say it lasts a few more minutes, the entire time that the rays of the sun are still red. In practice, those who pray vatikin make an effort to begin the Amidah at the time the sun begins to rise, but are not overly strict about this because the other opinions are also taken into consideration.^[6]

Another uncertainty arises. Are the mountains in the east that block the sunrise taken into consideration, or do we follow the astronomical sunrise (on a straight horizon)? It is clear that one who is under a cliff, or behind a tall building which blocks the east from his view, cannot claim that the sunrise begins when he himself sees the sun, because, if that was the case, then the sunrise, as far as he is concerned, would likely be towards the afternoon. The question is: what is the law, for example, in Jerusalem’s Old City, where the Mount of Olives blocks the eastern horizon and consequently the sun becomes visible only a few minutes later? Even for those who stand on the Mount of Olives, the mountains of Moav rising over the Jordan Valley block the beginning of the sunrise. Some say that the time of netz hachamah is only when one can actually see the sun, meaning after it is visible above the Mount of Olives. Others say that we should not take into account a nearby mountain, like the example of the Mount of Olives, since it is possible to walk to it by foot, but rather that it is necessary to include the distant mountains of Moav. The difference between the two opinions amounts to a few minutes.

There are those who say that we should not consider the mountains in the east at all; rather we calculate the sunrise according to a straight horizon, based on the time that it would be possible to see the sunrise were there no mountains. Nowadays, there are computer programs that allow us to calculate the precise astronomical sunrise in each and every location while disregarding the mountains in the east. Many are accustomed to establishing the time of sunrise according to this calculation.^[7]

[6]. According to the majority of poskim, netz is the beginning of the sun’s ascent, as writes the Bei’ur Halachah, 58:1, s.v. “Kemo,” and Halachah Berurah (Yosef) 58:7. Ish Matzliach writes that it is the end of the sun’s ascent (see Yalkut Yosef 89:3). According to the Razah, it is the whole duration of the sun’s ascent. Others say that even slightly after that, as long as the sun is close to the earth and the rays of the sun are still red, it is still considered “Yera’ucha im shamesh” (“Let them fear You from when the sun [shines]”), as can be inferred from the Rambam, responsa 255. (See HaZemanim BaHalachah 24:3-4).

[7].Divrei Yosef writes that the law depends on actually seeing the sun, and therefore it is necessary to take into consideration the places that the Mount of Olives conceals. However, according to the Maharil Diskin, (brought in Sefer Nivreshet), what is concealed by the Mount of Olives does not enter into the equation since it is closer than the walking distance of one day, but we do take into consideration the parts concealed by the Mountains of Moav (although he does not resolve the matter of Shabbat with regard to sunset). Further, there is uncertainty about a city that is built on mountains: does each neighborhood follow according to its own height or does the whole city practice according to the highest neighborhood in the city, where the sun is visible first? The minhag is to go by the highest neighborhood. An additional doubt is raised – if a skyscraper was built in a city, on the top of which the first rays of the sun shine a minute before the sunrise can be seen on the ground, what is the ruling? Similarly, if the city is very large, do we still go by the highest point in the city, or, due to the city’s size is each area defined by itself? See HaZemanim BaHalachah chapter 7, which mentions these doubts and cites the different opinions.

Even according to the opinion that sunrise and sunset are calculated along a straight horizon, there is doubt as to which height we use to make the calculations, since the higher the place, the earlier the sun is visible when it rises, and the later the sun is seen when it sets. For example, at a height of 800 meters (2624.67 feet) above sea level, the sun is still visible at sunset approximately 4.6 minutes later than on sea level, and at sunrise approximately 4.6 minutes earlier. Indeed, this opinion is divided into three approaches. Some say that we go according to the sunrise on a straight horizon based on the height of the place, while there is still uncertainty with regard to the law of a city in which there are mountains and valleys, i.e., whether we go by each area in the city for itself or the highest point in the city. It is the opinion of the Shulchan Aruch HaRav that in all places we go according to the sunrise at a height of 800 meters above sea level, the altitude of Jerusalem. So it is written in Igrot Moshe Orach Chaim 1:97. (This means that even when the people praying are at sea level, the time of netz will be 4.6 minutes before they can actually see the sun.) Others say that we go by the astronomical sunrise without taking the mountains into account at all; instead we calculate how it would look at sea level (which covers most of the earth’s surface) without mountains, as Rabbi Isser Zalman Meltzer writes. See HaZemanim BaHalachah chapter 7, where all this is discussed.

In the computer program “Chazon Shamayim,” it is possible to determine the precise astronomical time of sunrise in any place, on any day, based on the lines of latitude and longitude and the height of the location. Since the result obtained from a program such as this one is more accurate than all the calculations done by visual observations, many have been accustomed to calculate the time of sunrise with this program. In practice, all the communities living in Gav Hahar (settlements in the heart of the Shomron) do not need to take into account the mountains and valleys to the east of them, for if they were to take them into consideration, they would need to calculate a different time for every house, each according to its height, and according to the mountains that block them from the east, in every season based on the place of the sun’s ascent. Therefore, we follow the astronomical horizon, according to the highest point in that location. In the past, when people lived in open areas, the sunrise was perceptible, and this ruling was mainly based on the visibility of the sun. However, today, when most people live among many buildings, and do not see sunrise, and our methods of calculation have become easier, the sunrise is calculated according to the astronomical horizon. At that time, the rays of the sun are also visible in the highest places in the area. However, when to the east, there is a range of distant mountains that evenly cover the horizon, like, for instance, in the coastal plains of Israel, and they delay the visibility of the sun from that whole area by a few minutes, it seems, that it is necessary to take them into consideration and postpone the time of netz. (The time of misheyakir is dependent upon light, based on the explanation in note 2, when the sun is eleven degrees below the astronomical horizon, and there is no connection to the visible sunrise).

07 – How Early May One Begin to Pray?

L’chatchilah, a person should not recite the Amidah before vatikin because, according to a number of poskim, the time to pray l’chatchilah begins at netz hachamah and lasts four hours. The ideal time to pray the Amidah is immediately at the start of “vatikin”, just as the devoted ones prayed. Therefore, it seems that for a person whose prayer lasts approximately 25 minutes from the beginning until the Amidah, the earliest time he may begin to pray is 25 minutes before netz.

One who must be on his way, or must start work earlier, is permitted to begin praying from the time of misheyakir, since by then a little light has spread over the earth, and that moment is the valid time for the recital of Shema and for the mitzvot of tzitzit and tefillin. We have already learned that the time of misheyakir is approximately 50 minutes before netz (see note 2).

One who needs to pray even earlier should begin his prayer without tallit and tefillin and proceed until the conclusion of Pesukei d’Zimrah. When he finishes Yishtabach he must wait for the time of misheyakir, and only then put on his tallit and tefillin and continue praying.^[8]

[8].L’chatchilah, one may not recite the Amidah before vatikin because, according to most poskim, among them the Rambam and Shulchan Aruch, the time from amud hashachar until netz hachamah is valid for prayer only b’dieved, as explained in note 4 of this chapter. Also, in terms of Keriat Shema, according to a few poskim (Rambam and Rabbeinu Tam) the time of misheyakir until netz is b’dieved. Most poskim maintain that it is l’chatchilah regarding Keriat Shema. However, since Keriat Shema is adjoined to the Amidah, one may not pray the Amidah l’chatchilah before vatikin.

In times of need, one may recite the Amidah at misheyakir, for that is when the time of Keriat Shema begins according to most poskim, as the Shulchan Aruch 58:1 rules, and as is clarified earlier in note 3 of this chapter. That is also when the time to put on tzitzit and tefillin begins, as explained in Shulchan Aruch Orach Chaim 18:3; 30:1. One may finish Pesukei d’Zimrah and Yishtabach before that, and when the time of misheyakir arrives, wrap himself in a tallit and put on tefillin, as brought by Bei’ur Halachah 58:1, s.v. “Zeman.” However, one may not do so earlier than that, since only in extenuating circumstances may one recite Keriat Shema and its berachot before misheyakir. The time of misheyakir is clarified in note 2 of this chapter.

08 – How Early Is One Permitted to Pray in Extenuating Circumstances?

In a case of extenuating circumstances, one may recite Birkot Keriat Shema from the time of amud hashachar, which is 72 minutes before sunrise (in the months of Nisan and Tishrei).1 However, as long as it is possible to recite Birkot Keriat Shema after the time of misheyakir, one may not recite them from amud hashachar. For instance, if someone who is traveling can pray while walking or sitting (as his friend drives), he must wait for the time of misheyakir and only then recite Birkot Keriat Shema and recite the Amidah while walking or sitting.

If he is able to recite Birkot Keriat Shema while he is traveling after the time of misheyakir, but cannot recite the Amidah while traveling, he should pray the Amidah earlier after amud hashachar and recite Birkot Keriat Shema and Shema while traveling, even though he will not merit connecting redemption to prayer.^[9]

When it is not possible to recite Birkot Keriat Shema while traveling, as, for example, if he does not know Birkot Keriat Shema by heart, and it is not possible for him to use a siddur, he may pray earlier since such situations are considered extenuating circumstances. He recites Birkot HaShachar, Korbanot, and Pesukei d’Zimrah before amud hashachar, and when the time of amud hashachar arrives, he puts on his tallit and tefillin without a berachah, recites Keriat Shema and its berachot, and prays the Amidah. When he finishes the Amidah, the time of misheyakir will have already arrived, and at that point he takes hold of his tzitzit and tefillin and recites the blessings upon them. According to the Ashkenazic minhag, Birkat Yotzer HaMeorot may not be recited before the time of misheyakir either; rather, one must delay its recital until after praying the Amidah.^[10]

[9]. In Berachot 30a we learn to what extent reciting Keriat Shema and its berachot before misheyakir is only for extenuating circumstances, since any time it is possible to say them after misheyakir, even while walking, there is an obligation to do so. The only question left is when to pray the Amidah. According to Rabbeinu Chananel, the Tosafot, and others, one must recite the Amidah standing in his house before misheyakir, which is how the Shulchan Aruch 89:8 rules as well. According to Bahag, it is best that he prays while walking so as to connect redemption to prayer, and in practice, that is customarily what is done, as explained in the Mishnah Berurah 89:42 and Kaf HaChaim 54. However, when he can say Birkot Keriat Shema while traveling, but cannot pray the Amidah, then he follows Rabbeinu Chananel and the Shulchan Aruch; he prays the Amidah standing in his house after amud hashachar and waits to recite Birkot Keriat Shema while traveling in order to say them after the time of misheyakir. This includes a case in which a person only knows the berachot of Keriat Shema by heart and not the Amidah, or one in which a person is driving and he knows that he is capable of reciting Birkot Keriat Shema while driving, but praying the Amidah while driving is forbidden (see further in this book 17:16).

[10].During the days of Nisan and Tishrei, amud hashachar is 72 minutes before netz (when the sun is 16.1 degrees below the horizon). In the height of winter (December 22^nd) it is 78 minutes before netz, and at the height of summer (June 22^nd) it is 88 minutes before netz. See note 1 to understand why I have written according to this opinion. At most, it is permissible to be lenient and consider amud hashachar the first light in the east (when the sun is 17.5 degrees below the horizon), as explained there. Many calendars display amud hashachar as a time when there is no light at all in the eastern sky, and it is very problematic to rely on them.

In note 2, I wrote that the time of misheyakir is when the sun is 11 degrees below the horizon, which is the average time according to the different opinions and observations. However, here, in extenuating circumstances, if one can recite Birkot Keriat Shema approximately five minutes before this time, thereby succeeding to pray the Amidah standing in his house, it is preferable that he does so, instead of praying afterwards while walking.

In a case of extenuating circumstances, it is permissible to start praying Birkot Keriat Shema from amud hashachar, as explained in Shulchan Aruch 58:3. One may put on his tallit and tefillin before that time without a berachah, as clarified concerning the matter of tzitzit in Shulchan Aruch 18:3 and Mishnah Berurah 10 and regarding the matter of tefillin in Shulchan Aruch 30:3 and Mishnah Berurah 11. However, Kaf HaChaim 30:8, based on the Ari, writes that one may not put on tefillin before amud hashachar. Additionally, it is explained in Shulchan Aruch 1:6 and 47:13 that the passage regarding the Tamid may not be recited before amud hashachar and, according to Kaf HaChaim 89:7, Pesukei d’Zimrah may not be recited before amud hashachar either. However, we have already learned that some poskim maintain that amud hashachar is slightly before the time mentioned above and others say it is 90 minutes before netz, as written in Kaf HaChaim 89:1. In extenuating circumstances, with regard to these matters, in which there is no issue of reciting a berachah in vain, it is permissible to rely on this approach.

According to many Ashkenazic poskim, Birkat Yotzer HaMeorot may not be recited before misheyakir. So write the Magen Avraham, Graz 58:6, and Mishnah Berurah 58:17. Nevertheless, if a person did recite Yotzer HaMeorot before misheyakir, since he already fulfilled his obligation according to the Shulchan Aruch and Kaf HaChaim 58:19, he does not repeat it again after praying (Bei’ur Halachah 58:4, s.v. “B’lo”).

09 – Praying Vatikin Individually versus Praying in a Minyan

The Acharonim disagree over what is preferable: praying vatikin individually, or praying in a minyan after the time of vatikin? Some say that since the Chachamim praise the person who prays vatikin and teach that no harm befalls him the whole day, it is better to pray vatikin individually. Still, others say that it is preferable to pray in a minyan, for prayer in a minyan is sure to be heard. Additionally, there are doubts regarding the precise time of vatikin (as clarified in halachah 6), and it is not proper that an uncertain vatikin prayer takes precedence over prayer in a minyan. Therefore, it is customary to teach that prayer in a minyan is preferable. However a person who regularly prays vatikin in a minyan, and one day does not have a minyan for vatikin, is permitted to pray vatikin individually on that day, so as not to stray from his custom.^[11]

Regarding a person who has two options, to pray in a minyan before netz, which is the time of prayer b’dieved, or to pray individually afterwards at vatikin, there is disagreement. According to many, it is preferable that he pray individually at vatikin. Still, there are those who say that it is better to pray in a minyan before netz, provided that he starts reciting Birkot Keriat Shema after misheyakir. It is advisable for one to ask his rabbi concerning this. If the regular minyan before netz will be canceled because a number of people decide to pray at vatikin individually, it is preferable that everyone prays together in a minyan before netz.^[12]

[11].According to the Mahari Schwartz, it is preferable to pray vatikin, and according to Rabbi Shlomo Kluger in HaElef Lecha Shlomo 47, it is preferable to pray in a minyan. See Yabia Omer, Orach Chaim, part 1, 4:9, who hinges the law on kavanah. He maintains that if a person concentrates well, he should pray vatikin, but if he is unable to have kavanah, it is best that he prays in a minyan. Shut Pri Yitzchak 2 writes that since there are doubts as to when exactly vatikin is (as explained in halachah 6), it is preferable to pray in a minyan rather than to pray with uncertainty at vatikin. That is how we are accustomed to rule. However, since there are those who disagree, an individual who wants to pray vatikin from time to time may rely on their opinions.Bei’ur Halachah 58:1 writes that people who are careful to pray vatikin every day in a minyan are permitted to pray individually when they do not have a minyan. In Halichot Shlomo 5:17 the explanation given is that these people have a sort of vow, both regarding praying vatikin and praying in a minyan, and therefore they may choose how they wish to practice.

[12].We learned in halachah 4 and in note 4 that according to the majority of poskim, as well as the rulings of the Shulchan Aruch 89:1 and the Mishnah Berurah 4, the time before netz is valid for prayer only b’dieved. Additionally, we learned in the previous note that there are those who say that even when the prayer in a minyan is conducted after netz, it is nevertheless preferable to pray at vatikin. Therefore, the result is that according to the majority of poskim, it is best to pray at vatikin individually and not before netz in a minyan. So writes the Avnei Yashfeh 14:1 and Yalkut Yosef 89:14.However, we learned that according to the Rosh and Rabbeinu Yerucham the time for prayer l’chatchilah starts from misheyakir, and the Mishnah Berurah 89:1 writes that people who are awake on Shavuot night may pray in a minyan before netz. Additionally, Yaskil Avdi, part 5, Orach Chaim 10:4, and Or L’Tzion, part 2, 7:4 write that it is preferable to pray in a minyan before netz, for that is a case of extenuating circumstances, since he will not have another minyan after that. That is also the opinion of the Chazon Ish (brought by the Ishei Yisrael 13:6).

It seems to me that as a ruling to many it is preferable to preserve the prayer in a minyan, for prayer in a minyan is accepted and the power of communal worship is important in preserving the permanence of prayer. Only for a person who wishes out of piety to pray at vatikin, it may be preferable to pray at vatikin. However, ordinarily, it is best to pray in a minyan before netz.

All the more so in a small community, where a few of the congregants must leave early for work and they will not have another opportunity to organize a minyan after netz, this is considered to be a case of extenuating circumstances, and they must arrange the minyan to pray before netz. It is proper even for those individuals who can pray later on, to participate as well. (Although, if they want to wake up early, complete the early minyan, respond to their Kaddish and Kedushah, and then pray vatikin later individually, they are permitted to do so).

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