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Grand Opening!

Question #1: Aramaic or Arabic?

Why is Kaddish in Aramaic? Isn’t it prohibited to pray in Aramaic and Arabic?

Question #2: Doing it right

In which arm does a lefty hold the sefer Torah?

Question #3: Caught in the act

Do I join everyone in reciting Berich She’mei when I am in the middle of pesukei dezimra?

Background

The structure of most of our prayers, including the Shemoneh Esrei and the berachos we recite surrounding the Shema, was created by the Anshei Keneses Hagedolah, 120 great leaders of the Jewish people who lived during the beginning of the second Beis Hamikdash. Many of these leaders had been exiled to Babylonia before the destruction of the first Beis Hamikdash. This venerable group included such great leaders as Ezra, Mordechai, Nechemiah, Daniel, Chanaya, Mishael, Azaryah, Zerubavel, Shimon Hatzadik (of the famous story with Alexander the Great), Chagai, Zecharyah and Malachi (the last three prophets of the Jewish people). The Anshei Keneses Hagedolah authored and edited the last volumes of Tanach and organized it into its final form (Baba Basra 14b-15a).

Perhaps one way to recognize how great the leaders of this generation were is by realizing that Mordechai, whom we all knows was a great gadol, was not the greatest of his generation. All agree that this distinction belongs to Ezra.

Chazal tell us that Ezra was so great that he should have returned to Eretz Yisrael accompanied by the same types of miracles that occurred when Yehoshua led the Bnei Yisrael into Eretz Yisrael. Then, the Bnei Yisrael experienced many overt miracles including what happened when the Jordan River was crossed, when Yericho was conquered, and when the Canaanite kings were eliminated (Berachos 4a). Unfortunately, the Jewish people in the days of Ezra were not on a high enough level to warrant such miracles, but the statement of Chazal provides an appreciation for the greatness of their leaders.

Ezra, fully aware of the problems that Kelal Yisrael faced in so many major areas — from intermarriage (see Ezra, Chapter 9), to Shabbos observance (see Nechemiah,Chapter 13), to knowledge of the laws germane to the Beis Hamikdash (see Chaggai, Chapter 2; Pesachim 17a) — instituted many takanos to assist the rebirth of the Jewish community in Eretz Yisrael in his time (Bava Kama 82a). Among the many improvements he made was adding to the takanah made by Moshe Rabbeinu to read the Torah three times every week. After Ezra’s additions to this takanah, three people are called up every time the Torah is read, and it is read also at Mincha on Shabbos. Thus, in his day, the practice of reading the Torah already resembled the way we fulfill thismitzvah.

Berich She’mei

In last week’s article, I discussed some of the halachos and customs that we observe when we remove the sefer Torah from the aron hakodesh. We discussed the beautiful Aramaic prayer that begins with the words Berich She’mei. This prayer, whose source is in the Zohar (Parshas Vayakheil #206a\#225), was written by Rabbi Shimon bar Yochai, the author of the Zohar, the tanna quoted all over the Mishnah and Gemara simply as Rabbi Shimon, whose burial place on Har Meiron is the focus of much celebration, poetry, and three-year olds’ haircuts on Lag Be’Omer.

Bowing during Berich She’mei

In many communities, the custom is to bow before the sefer Torah when reciting the words desagidna kamei, “When I bow before Him,” during Berich She’mei. The authorities dispute whether this custom is proper. The Riaz, a rishon, is among those who contend that one should not bow other than to Hashem, not even toward the aron hakodesh or a sefer Torah (quoted by Shiltei Hagiborim, Kiddushin 14b note #1 and by Keneses Hagedolah, Yoreh Deah 282). Rav Yisrael Binyamin, an esteemed 16th century posek, also questioned this practice, contending that it might be forbidden because of the prohibition of worshipping idols (see Shu’t Ohalei Yaakov #57)!

The Kaf Hachayim concludes that we should not bow during Berich She’mei, since bowing when the sefer Torah is taken out is not mentioned in the Gemara, and the Gemara rules that we are to bow at specified points during the Shemonei Esrei – and not at any other time. This position is well-known as the opinion of the Vilna Gaon, who contended that we should not bow anywhere except when dictated by Chazal, not only during the Shemoneh Esrei, but also during such prayers as Kaddish and Aleinu (Biur Hagra, Orach Chayim 56:10).

On the other hand, the Maharikash, a highly respected 16th century posek, rules that it is correct to bow before the sefer Torah (Shu’t Ohalei Yaakov #57), because otherwise we are stating something untruthful when we declare (while saying Berich She’mei) desagidna Kamei — that we bow to Hashem but we do not. The Chida accepts this conclusion (Birkei Yosef, Orach Chayim 134:3), which is subsequently followed by Rav Ovadyah Yosef (Shu’t Yabia Omer,Volume 5, Orach Chayim #8) who explains that bowing towards the sefer Torah is a sign of respect to Hashem, just as standing up for a sefer Torah is. This latter distinction is expressly opposed by the Riaz, who contends that it is required to stand up for a sefer Torah, but prohibited to bow to it.

A similar discussion is applicable regarding bowing when reciting Aleinu. Our custom is to bow when we say the words va’anachnu kor’im umishtachavim umodim¸ in which we say that we bow to Hashem. (Sefardim recite a shorter version here: va’anachnu mishtachavim.) Again, if we do not bow when we say these words, it appears as if we are being hypocritical and untruthful – we claim to be bowing, but we aren’t!

Language

Much halachic literature is devoted to the fact that Berich She’mei is recited in Aramaic. In general, we discourage prayers in Aramaic, although there are major exceptions, such as Yekum Purkan, some selections in our selichos, and, of course, Kaddish. Some even question why we sing the beautiful Shabbos zemer, Kah ribbon alam, written in Aramaic by the great posek and mekubal, Rav Yisrael Najara, which includes prayers and requests (Shu’t Har Tzvi, Orach Chayim #64). (By the way, there is no mention of Shabbos in Kah ribbon alam, and some Sefardim recite it as part of the daily davening, somewhat similar to the way we say Adon Olam or Yigdal.)

No Aramaic

The Gemara states that a person should not request from Hashem in the Aramaic language when he is praying by himself (Sotah 33a; Shabbos 12b). Many reasons are offered to explain this ruling (Elyah Rabbah 101:9); a more in-depth study of this topic will be postponed to a future date. For our purposes, I will share three approaches to the question, since there is an interesting halachic ramification that results.

A. Aramaic was viewed as a type of pidgin Hebrew, and therefore not acceptable for dignified procedures, such as davening (Ma’adanei Hamelech). As some authorities note, Arabic is also considered a slang offshoot of Hebrew, and, therefore, it would be prohibited to daven in Arabic, in private (Elyah Rabbah 101:9).

B. In the days when Aramaic was the common spoken language, there was concern that if Jews prayed in Aramaic, they would forget whatever Hebrew they still maintained (Tamim Dei’im, quoted by Elyah Rabbah 101:9).

C.Hashem made certain that the angels do not understand Aramaic, so that they would not get jealous of some of the beautiful Aramaic prayers we recite (Tosafos, Berachos 3a s.v. Ve’onin; Be’er Sheva, Sotah 33a).

According to the second and third reasons I cited, an individual could pray in Arabic, but not in Aramaic, whereas, according to the first reason, he should not pray in Arabic either.

We should also note that, since the prohibition against praying in Aramaic is only when praying privately, two of the three prayers we have mentioned, Kaddish and Berich She’mei, are not concerns, since they are recited only with a tzibur.

Reciting Berich She’mei during pesukei dezimra

What should someone do if he is in the middle of reciting pesukei dezimra when the sefer Torah is taken out? Should he recite the prayer of Berich She’mei, or does this constitute a prohibited interruption? Rav Shimon Greenvald, a greatly respected authority in pre-war Hungary, was asked this question, ruling that our davener should not interrupt pesukei dezimra to join the tzibur for Berich She’mei or any of the other prayers recited when the sefer Torah is taken out (Shu’t Maharshag 1:52:2). However, if he has completed the brocha of Yishtabach and has not yet begun the brocha of Yotzeir Or, nor has he yet answered Borchu, he may recite Berich She’mei and the other prayers, together with the tzibur (Shu’t Yabia Omer,Volume 5, Orach Chayim #8).

The reason for this ruling is that, although it is prohibited to interrupt between Yishtabach and Borchu, a very important matter may be performed at this time, and it is better to do it at this point in the davening than during the alternative options. For example, someone who did not have tzitzis or tefillin available before davening, or it was too early, then, for him to put them on, should put them on immediately after Yishtabach and, at that time, recite the appropriate berachos.

The basis for this is found in earlier authorities, who discuss whether mitzvah requirements or community needs are permitted to be discussed between Yishtabach and Borchu. The Tur (Orach Chayim 54) rules: “One may not interrupt between Yishtabach and Yotzeir, unless it is for community needs or (to solicit) for someone who needs to be supported from charity.” The Rema discusses this question at length (Darchei Moshe, Orach Chayim 54:1) and codifies the ruling of the Tur in his comments to Shulchan Aruch (Orach Chayim 54:3), although he concludes that it is best to attempt to avoid any interruption at all. Thus, we see that, when there is a necessity to interrupt, it is better to do so between Yishtabach and Borchu than either earlier or later.

Berich She’mei and Rabbeinu Tam tefillin

Many men have the practice of removing their regular tefillin, which they refer to as Rashi tefillin, toward the end of davening and then putting on a different pair of tefillin, called Rabbeinu Tam tefillin. (A discussion of this topic will need to wait for a different time.) The question is what to do on Rosh Chodesh, since, according to some kabbalistic sources, tefillin should not be worn any time after Musaf, thus limiting strongly the opportune times for putting on Rabbeinu Tam tefillin. Some authorities permit putting on Rabbeinu Tam tefillin while reciting Berich She’mei (Yalkut Yosef 34:9), and wearing them through the reading of the Torah.

Being in the right

Returning to the laws of taking out the sefer Torah – the sefer Torah should be removed from the aron hakodesh using the right hand primarily and carry it by resting it against the right shoulder. This is because (1) the right hand and arm are used for most mitzvah actions. In addition, (2) various pesukim, such as, “His right hand embraces me” (Shir Hashirim 2:6) refer to our relationship with Hashem and the Torah in terms of the “right” hand.

Sefer Torah for southpaws

What should a left-handed person do? Should he pick up the sefer Torah primarily with his stronger hand and rest it against his stronger shoulder, or should he do both with his right hand and arm?

It should make a difference which of these two reasons is primary. If a right-handed person is to hold the Torah with his right hand because he uses it more to perform mitzvos, a left-handed person should take and hold the sefer Torah with his left hand, which is the one he uses to perform mitzvos. On the other hand, if the right hand is preferred because pesukim place emphasis on the right, a lefty should use his right hand, as in the pesukim.

We find different approaches among the halachic authorities. The Pri Megadim (Eishel Avraham 134:5) is uncertain whether a left-handed person give the left hand preference when taking out the Torah, and seems more inclined that he should. On the other hand, the Sha’ar Efrayim concludes that a left-handed person may emphasize either hand as he takes the Torah out, but he should rest it in his right hand against his right shoulder, notwithstanding that this is his weaker hand and arm, unless he is afraid that he might drop it (Sha’ar 10:2). The Mishnah Berurah (282:1) rules that when a sefer Torah is handed from one left-handed person to another, they should both emphasize use of their right hands.

Shabbos versus Yomim Nora’im

On weekdays, when the chazzan receives the sefer Torah, he invites the community to join him, reciting the posuk, Gadlu laHashem iti uneromemah Shemo yachdav (Tehillim 34:4), “Join me in declaring the greatness of Hashem: thereby, we shall exalt His Name, together.” On Shabbos and Yom Tov, two other pesukim are recited before the posuk Gadlu, both of which are recited first by the chazzan and then by the community in unison: the posuk of Shema Yisrael, and then the praise Echad Elokeinu, gadol Adoneinu, Kadosh Shemo, “Our G-d is one, Our Lord is great, His Name is Holy.” This last passage is not a pasuk in Tanach, but a praise that has its origin in Mesechta Sofrim (Chapter 14). (We should note that the procedure described in Mesechta Sofrim varies somewhat from our practice.)

On Shabbos, these two pesukim are recited only in the morning, but not at Mincha. The Aruch Hashulchan writes that he is uncertain why this is so (Orach Chayim 292:2).

When the chazzan recites the word Gadlu, he should bend over a little bit, reminiscent of bowing (Aruch Hashulchan, Orach Chayim 282:1), although other authorities disagree with this practice, noting that one is not permitted to add additional bowings to our davening (Biur Hagra, Orach Chayim 56:10).

On Rosh Hashanah and Yom Kippur, the practice is to add the word venora (awesome) to the posuk Echad Elokeinu, so that it reads Echad Elokeinu gadol Adoneinu, Kadosh veNora Shemo. “Our G-d is One, our Lord is Great, His Name is Holy and Awesome!” Notwithstanding that our standard practice is to add the word veNora only on Rosh Hashanah and Yom Kippur, many authorities contend that the word veNora should be added also on Shabbos and other Yomim Tovim (Elyah Rabbah 134:4; Pri Megadim, Eishel Avraham 134:4). Mesechta Sofrim, the major source introducing this praise, mentions this practice, as does Rav Amram Gaon.

Follow the leader

The Shulchan Aruch mentions a practice, followed in most Sefardic congregations, that the entire tzibur follows the sefer Torah as it is removed from the aron hakodesh and brought to the shulchan from where it will be read. This is an honor for the sefer Torah, in that everyone follows it like an honored guest. The source for this practice is in Mesechta Sofrim (Chapter 14). However, when this is not a standard custom in the shul in which you are davening, there are authorities who feel that it is better to refrain from this practice, because it gives an impression of yohara, halachic conceit (Aruch Hashulchan 282:1).

Stand up for the Torah!

While the sefer Torah is moving, there is a requirement min haTorah to stand up and remain standing in its honor. This is derived by the Gemara (Kiddushin 33b) in the following way: The Torah requires that we stand when a talmid chacham walks by. The source for this law is the words in parshas Kedoshim, takum vehadarta pnei zakein, “You must rise and treat with respect the presence of an elder,” and Chazal explain that the term “elder” means someone worthy of respect because of his learning, even if he is still young. On the basis of a kal vechomer, the Gemara proves that it is a mitzvah min haTorah to show the same level of respect for the Torah itself: if we must stand for someone who studied the Torah, we must certainly stand for the Torah itself.

Conclusion

In the introduction to Sefer Hachinuch, the author writes that the main mitzvah upon which all the other mitzvos rest is that of Talmud Torah. Through Torah learning, a person will know how to fulfill all of the other mitzvos. That is why Chazal instituted a public reading of a portion of the Torah every Shabbos, twice, and on Mondays and Thursdays. Knowing that the proper observance of all the mitzvos is contingent on Torah learning, our attention to keriyas haTorah will be heightened. According the Torah reading the great respect it is due should increase our sensitivity to the observance of all the mitzvos.




Taking out the Sefer Torah

Question #1: Confused genealogist asks: Which?

Which Keil erech apayim should I say?

Question #2: Caring husband/son asks: Who?

My wife is due to give birth shortly, and I am saying kaddish for my father. On the days that the Torah is read, should I lead the davening (“daven before the amud”), open the aron hakodesh, or do both?

Question #3: Concerned davener asks: When?

When do I recite Berich She’mei?

Background

Prior to taking the sefer Torah out of the aron hakodesh, various prayers are recited, all of which have been part of our liturgy for many hundreds of years. This article will discuss the background and many of the halachos of these prayers.

Introduction

Reading the Torah, which is a mitzvah miderabbanan, is actually the earliest takanas chachamim that was ever made. It was instituted by Moshe Rabbeinu in his capacity as a community leader, which placed on him the responsibility of creating takanos when necessary. As a matter of fact, one of Moshe Rabbeinu’s names is Avigdor, which refers to his role as the one who created fences to protect the Jewish people (see Midrash Rabbah, Vayikra 1:3). In this instance, after he saw what happened at Refidim (see Shemos 17:1), he realized that three days should not go by without an organized studying of the Torah. Therefore, he instituted that the Torah be read every Monday, Thursday and Shabbos (Bava Kamma 82a; Rambam, Hilchos Tefillah 12:1).

Over a thousand years later, Ezra expanded this takkanah, including a reading on Shabbos Mincha, to provide those who did not study Torah regularly an extra boost of Torah learning. Ezra also instituted that, when the Torah is read, three people are called up, each aliyah contains at least three pesukim, and the entire reading should add at least one additional pasuk, for a minimum of ten pesukim. (There is one exception to this last rule — on Purim, Ashkenazim read the story of Vayavo Amaleik that is exactly nine pesukim. This is because the topics both before and after this section have nothing to do with the Amaleik incident, and it is therefore better to keep the reading focused rather than add an extra pasuk. Ashkenazim read just the nine pesukim, whereas Sefardim repeat one of the pesukim, in order to extend the reading to ten pesukim.)

Keil erech apayim

On weekdays on which tachanun is recited, prior to removing the sefer Torah we say a short prayer that begins with the words, Keil erech apayim, “Hashem, You who are slow to anger and are full of kindness and truth, do not chastise us in Your anger! Hashem, have mercy on Your people (Israel), and save us (hoshi’einu)from all evil! We have sinned to You, our Master; forgive us, in keeping with Your tremendous compassion, O, Hashem.” The Keil erech apayim prayer should be said standing, because it includes a brief viduy, confession, and halacha requires that viduy be recited standing (Magen Avraham, introduction to Orach Chayim 134).

Am I a German or a Pole?

In virtually every siddur I have seen, two slightly variant texts are cited, the one I quoted above, which is usually labeled the “German custom” or “German version,” and a slightly variant version described as the “Polish version.” Some siddurim provide greater detail, presenting the “first” version as the “custom of western Germany, Bohemia and parts of ‘lesser’ Poland,” and the “second” version, as the “custom of ‘greater’ Poland.” In one siddur, I saw the following, even more detailed explanation, describing the “first” version as the custom of the areas in and near “western Germany, Prague, Lublin and Cracow,” and the second text for the areas around “Posen and Warsaw.”

But, if your family came from somewhere other than Germany, the Czech Republic (where Bohemia and Prague are located) or Poland, which one do you recite? Many people are bothered by this question, myself included, since my father was born in Ukraine, as were all my grandparents and great-grandparents on his side of the family, and my mother’s side of the family is from Lithuania.

Eidot hamizrah

A more intriguing question is, that both versions of this prayer are in Eidot Hamizrah siddurim, and their custom is to recite both, “German” version first. I found this or a similar custom mentioned in several rishonim from very different times and places – in the Machzor Vitri, of 11th century France; the Kol Bo,of 13th century Provence, and the Avudraham, of 14th century Spain. Some rishonim record a custom of reciting both versions, but having the chazzan recite the first and the community respond with the second (Machzor Vitri). According to either of these approaches, the question is why recite both prayers, since they are almost identical.

The answer given by the Machzor Vitri is that the first version uses the word hoshi’einu, whereas the second uses the word hatzileinu. Both of these words translate into English as “Save us.” However, their meaning is not the same; hoshi’einu implies a permanent salvation, whereas hatzileinu is used for a solution to a short-term problem. The Machzor Vitri, therefore, explains that the first prayer is that Hashem end our galus. After requesting this, we then ask that, in the interim, He save us from our temporary tzoros, while we are still in galus.

Ancient prayer

The facts that these prayers are in both Ashkenazic and Eidot Hamizrah siddurim, and that rishonim of very distant places and eras are familiar with two different versions, indicate that these prayers date back earlier, presumably at least to the era of the ge’onim. Clearly, although our siddur refers to a “German” custom and a “Polish” one, both versions were known before a Jewish community existed in Poland – earlier than when the words “Polish” custom could mean anything associated with Jews!

Atah hor’eisa

In some communities, reading of the Torah was introduced by reciting various pesukim of Tanach, the first of which is Atah hor’eisa loda’as  ki Hashem Hu Ha’Elokim, ein od milevado, “You are the ones who have been shown to know that Hashem is The G-d, and there is nothing else besides Him” (Devarim 4:35). The practice among Ashkenazim is to recite the pesukim beginning with Atah hor’eisa as an introduction to kerias haTorah only on Simchas Torah. However, in Eidot Hamizrah practice, Atah hor’eisa is recited every Shabbos, just before the aron is opened, and a shortened version is recited any time that no tachanun is recited. (Essentially, these pesukim are said instead of Keil erech apayim, which is recited only on days that tachanun is said.) According to the Ben Ish Chai, as many pesukim should be recited as people who will be called to the Torah that day: On Shabbos, the pasuk Atah hor’eisa is the first of eight pesukim; on Yom Tov, the first two pesukim, including the pasuk  of Atah hor’eisa, are omitted (Ben Ish Chai year II, parshas Tolados, #15); on weekdays when no tachanun is recited, only three pesukim are recited, beginning with the pasuk, yehi Hashem Elokeinu imanu ka’asher hayah im avoseinu, al ya’az’veinu ve’al yi’tesheinu (Melachim I 8:57). The Ben Ish Chai emphasizes that, apparently because of a kabbalistic reason, it is incorrect to recite more pesukim than the number of people who will be called to the Torah that day. Most, but not all, Eidot Hamizrah communities follow this approach today.

Opening the aron

Having completed the recital of either Keil erech apayim, Atah hor’eisa, neither or both, the aron hakodesh is opened. The poskim rule that the aron hakodesh should not be opened by the chazzan, but by a different person, who also removes the sefer Torah. (In some minhagim this is divided between two honorees, one who opens the aron hakodesh and one who takes out the sefer Torah.) The chazzan himself should not remove the sefer Torah from the aron hakodesh because it is a kavod for the sefer Torah that someone else remove it from the aron and hand it to the chazzan. The honor is that the extra people involved create more pomp and ceremony with which to honor the reading of the Torah (Aruch Hashulchan, Orach Chayim 282:1, based on Mishnah, Yoma 68b).

The opener

A minhag has developed recently that the husband of a woman who is in the ninth month of pregnancy should open the aron hakodesh to take out the sefer Torah and close it after kerias haTorah. The idea that opening the aron is a segulah for a smooth and easy opening of the womb is recorded in kabbalistic authoritiesof the Eidot Hamizrah (Chida in Moreh Be’Etzba 3:90; Rav Chayim Falagi in Sefer Chayim 1:5(.

To the best of my knowledge, this custom was unheard of among Ashkenazim until the last forty or so years. So, as I see it, this custom has value in that it ameliorates a husband’s feelings since he is now doing something to assist his poor wife when she goes through highly uncomfortable contractions. And, it also makes his wife feel that he did something for her, so there is a sholom bayis benefit.

Caring husband

At this point, let us address the second of our opening questions:

“My wife is due to give birth shortly, and I am saying kaddish for my father. On the days that the Torah is read, should I lead the davening (“daven before the amud”), open the aron hakodesh, or do both?”

Let me explain the question being asked. Well-established practice is that an aveil davens before the amud on days other than Shabbos or Yom Tov, as a merit for his late parent. (There are many variant practices concerning which days are considered a “Yom Tov” for this purpose; discussion of this issue will be left for another time.) Based on the above information, our very caring husband/son is asking: since he should not take both honors of leading the services and of opening the aron hakodesh, which honor should he take? Or perhaps he should do both?

In my opinion, he should lead the services, which is a custom going back hundreds of years, whereas the custom of taking the sefer Torah out of the aron hakodesh is mentioned much more recently, and was not even practiced by Ashkenazim until a few years ago. And, as we mentioned in the name of the Aruch Hashulchan, one person should not both lead the services and take the sefer Torah out of the aron hakodesh.

Berich She’mei

At this point, we can discuss the third of our opening questions: “When do I recite Berich She’mei?

The Aramaic words of Berich She’mei are a prayer that is recorded in the Zohar (parshas Vayakheil). When we trace back the customs on which days this prayer is recited, we find many different practices:

1. Recite it only before Shabbos Mincha reading.

2. Recite it on Shabbos at both morning and Mincha readings.

3. Recite it not only on Shabbos, but also on Yom Tov.

4. Recite it on Shabbos, Yom Tov and Rosh Chodesh, but not on weekdays or fast days (other than Yom Kippur).

5. Recite it whenever the Torah is read.

6. A completely opposite custom — never recite it at all.

Allow me to explain the origins of these various practices.

1. Only Shabbos Mincha

Although I saw different sources mention this practice, I did not see any explanation.

I can humbly suggest two possible reasons for this custom. One is that, as we explained above, the kerias hatorah of Shabbos Mincha was not part of the original takkanah of Moshe, but was established subsequently to provide those who did not learn Torah during the week the opportunity to study some extra Torah while they were in shul for davening. Thus, this kerias hatorah represents the entire Jewish people studying Torah together, creating a level of kedusha that justifies recital of the beautiful prayer of Berich She’mei.

Another possible explanation: Shabbos has three levels of sanctity, Friday evening, Shabbos morning and Shabbos afternoon. There are several ramifications of these different levels, including that the central part of the three shemoneh esrei tefilos of ShabbosMaariv, Shacharis and Mincha — are three completely different prayers (as opposed to all other days when the main parts of these three tefilos are identical). These three tefilos represent three historical Shabbosos and their spiritual ramifications. Maariv, or, more accurately, the Friday evening part of Shabbos, represents the Shabbos of creation, Shabbos morning represents the Shabbos of the giving of the Torah, and Shabbos afternoon represents the future Shabbos of the post-redemption world. These three aspects are also manifest in the three meals of Shabbos, and, for this reason, seudah shelishis is traditionally approached as having the pinnacle of spirituality. This would explain that Shabbos Mincha is the time that the prayer, Berich She’mei, addresses.

2. Only Shabbos, but both morning and Mincha

This approach is quoted in the name of the Arizal – presumably, it has to do with a certain level of kedusha that exists only on Shabbos. (See also Magen Avraham, introduction to 282).

3. Only Shabbos and Yom Tov

and

4. Only Shabbos, Yom Tov and Rosh Chodesh

These two customs are both based on the concept that Berich She’mei should not be recited on a weekday, but is meant for a day when there is special sanctity. This is based on the words in Berich She’mei, Berich kisrach,“May Your crown be blessed.” In kabbalistic concepts, we praise Hashem in this special way only on Shabbos and Yomim Tovim, and that is why the kedusha in nusach Sefard for Musaf begins with the words keser yitnu, which refers to Hashem’s crown.

I saw this practice quoted in the name of the Arizal and the Chida, and most Eidot Hamizrah siddurim mention Berich She’mei prior to the Shabbos and Yom Tov readings, but not prior to weekday reading.

Many authorities note that those who follow this practice regarding Berich She’mei should also recite it on Rosh Chodesh, since they recite the words keser yitnu also as part of the kedusha of Rosh Chodesh (Ben Ish Chai year II, parshas Tolados, #15).

5. Always

This is the common practice among Ashkenazim and in nusach Sefard (Elyah Rabbah, 141; Be’er Heiteiv, Pri Megadim, Machatzis Hashekel, Mishnah Berurah; all at beginning of 282).

The Seder Hayom, an early Sefardic kabbalist, mentions the laws of reciting Berich She’mei when he discusses the laws of reading the Torah on weekdays. From this, the Elyah Rabbah (134:4) suggests that the Seder Hayom holds that Berich She’mei is recited whenever the sefer Torah is taken out of the aron hakodesh. In other words, he disagrees with the approach followed by the other mekubalim mentioned, the Arizal and the Chida.

6. Not at all

In some communities in Germany, the practice was not to recite Berich She’mei. There appears to be a historical reason why not, based on the words of the prayer Berich She’mei itself, which states, lo al bar elohin samichna, “We do not rely on the ‘sons of G-d.’” Apparently, some of Shabsai Tzvi’s proponents claimed that the term “sons of G-d” alluded to Shabsai Tzvi, and, for this reason, it was decided to omit the entire prayer. (Those who recite Berich She’mei assume that this term bar elohin refers to angels.) Several sources quote this position in the name of the Noda BeYehudah, although I have been unable to find any place where he wrote this. It is certain that the Noda BeYehudah was strongly opposed to the introduction of kabbalistic ideas into our tefilos; for example, he attacks very stridently the custom, which he refers to as “recently introduced and very wrong,” of reciting lesheim yichud prior to fulfilling mitzvos (Shu’t Noda BeYehudah Orach Chayim 2:107; Yoreh Deah #93).

When to say it?

When is the best time to recite Berich She’mei? In a teshuvah on this subject, Rav Moshe Feinstein notes that the words of the Zohar describing this beautiful prayer do not mention specifically whether it should be said before the Torah is removed from the aron hakodesh or afterward. However, the Shaar Efrayim,authored by Rav Efrayim Zalman Margoliyos, one of the great early nineteenth-century poskim, rules that the optimal time to recite Berich She’mei is after the sefer Torah has been removed from the aron hakodesh, and this is the conclusion that Rav Moshe reaches. In other words, it is preferred that the person being honored with taking the sefer Torah out of the aron hakodesh should do so as soon as practical, and then hold the sefer Torah while Berich She’mei is recited. Someone who was unable to recite Berich She’mei then can still say it until the sefer Torah is opened to lein (Seder Hayom, quoted by Elyah Rabbah 134:4).

For the conclusion of this article, see here.




Kiddush Levanah

Question #1: Cloud cover

“Can I be mekadeish the levanah when there is just a slight cloud cover?”

Question #2: Northern lights

“I live very far north, and in the summer months, there is only a short period of time from when it gets dark until it begins becoming light, and that period of time is in the middle of the night. Am I permitted to be mekadeish the levanah either before it gets fully dark or during the post-dawn, pre-sunrise morning hours?”

Question #3: Where’s the Rif?

“My chavrusa and I were studying Mesechta Sanhedrin and found the fascinating topic of kiddush levanah there. When we went to look at the Rif and Rosh on the topic, we easily discovered the comments of the Rosh, but could not find the Rif? Did he not write on this topic? Why not?”

Introduction

The Gemara introduces us to a mitzvah, created by Chazal, which we usually call kiddush levanah, which literally translates as sanctifying the moon. Although today Ashkenazim always refer to the mitzvah by this name, this term is of relatively late origin and is confusing for several reasons. First of all, we are not sanctifying the moon. Rather, this is a mitzvah to praise Hashem for the moon’s regular cycle. As we will soon see, there are other hashkafos related to this mitzvah, but these relate to the relationship of the Jewish people and our royal family, the malchus beis Dovid, to Hashem.

Another difficulty is that the expression kiddush levanah creates confusion with a different mitzvah, kiddush hachodesh, which translates into English as sanctifying the month. Kiddush hachodesh is a mitzvah min haTorah that Hashem gave in parshas Bo and requires the Sanhedrin, or its specially appointed committee, to calculate when the new moon will be visible, to receive witnesses who may have seen the first crescent of the newly visible moon, and to declare Rosh Chodesh. Unfortunately, since we no longer have a Sanhedrin, our calendar is set up differently. Hillel Hanasi (a distant descendant of his more famous ancestor Hillel Hazakein) created the calendar that we currently use, because the Sanhedrin could no longer function in Eretz Yisroel, a halachic requirement for fulfilling this mitzvah. But the mitzvah of kiddush hachodesh is not the mitzvah of kiddush levanah.

Therefore, it is somewhat unusual that we refer to the mitzvah by this name, kiddush levanah. The earliest use of the term kiddush levanah that I found was by the Mahar”i Bruno, a talmid of the Terumas Hadeshen, a prominent Ashkenazi posek in the fifteenth century.

Notwithstanding that the term kiddush levanah does not surface in the Gemara or the early authorities, the mitzvah most certainly does. It is called birkas halevanah by Rav Amram Gaon, the rishonim and the Shulchan Aruch, which is what the Sefardim call the mitzvah and is also the way the mitzvah is identified in the siddur of Rav Samson Raphael Hirsch. In this article, I will use both terms, kiddush levanah and birkas halevanah.

Background

The background to the mitzvah of kiddush levanah, or birkas levanah, begins with the following passage of Gemara: One who blesses the moon in its correct time is as if he received the Shechinah… In Rabbi Yishmael’s beis midrash, they taught that, if the only merit the Jews have is that they received Hashem every month when they recited the birkas halevanah, this would be sufficient. (The Gemara does not explain — enough merit for what?) Abayei explained that, because birkas halevanah is such an important mitzvah, it should be recited standing. Mareimar and Mar Zutra used to lean on one another when they recited it (Sanhedrin 42a).

The reason why Abayei required people to stand when being mekadeish the levanah is because this is considered equivalent to receiving a monarch, which you would certainly do standing (Yad Ramah ad locum). Clearly, we are not sanctifying the moon; we are praising Hashem and using the moon’s cycles as our means of doing so (Pri Megadim, Eishel Avraham 426:9). There is much more to this idea, and we will shortly explain some of its basics.

Leaning on one another?

What does the Gemara mean that these two great amora’im, Mareimar and Mar Zutra, used to lean on one another when they recited the birkas halevanah? I found two explanations to this practice. According to the first, it was very difficult for either of them to stand, but they felt it important as a demonstration of proper respect for this brocha. They leaned on one another to be able to stand up.

There is an important halachic principle implicit here. In general, halacha considers leaning on something to be akin to sitting, not to standing. Yet, for fulfilling the mitzvah of kiddush levanah, these two great scholars, Mareimar and Mar Zutra, treated leaning as standing, since it was difficult for them to stand (Bi’ur Halacha, 426:2 s.v. Umevoreich).

A practical, but not overwhelming, difficulty with this approach is that it is uncommon for two people who have difficulty standing to be able to help one another remain standing. Usually, they would have people who are sturdy provide them assistance.

An answer to the above question is found in the Yad Ramah, who explains that these two amora’im each had a servant prop them up to recite the birkas halevanah.

An alternative approach is that of the Tur, who understands that the two amora’im were both steady, but that the Aramaic expression used, mekasfei ahadadi, describes a very respectful way of presenting yourself in the honor of a special guest – in this instance, the Shechinah.

Receiving the Shechinah

What does the Gemara mean when it says that reciting this monthly brocha on the new moon is the equivalent of receiving the Shechinah? Did we suddenly become moon worshippers, G-d forbid?!

Use the phase to praise!

The Pri Megadim (Mishbetzos Zahav 426:4) explains this to mean that the monthly phases of the moon teach us many things for which to praise Hashem, including that He decreased the size of the moon when it complained (see Rashi, Bereishis 1:16). The moon’s phases are also reminiscent of the royal family of David Hamelech, whose prominence has gone through many periods of waxing and waning. As the Pri Megadim concludes: “The entire brocha is praise to Hashem and it is always inappropriate to bless anything other than Hashem. We use the moon as a means for structuring a prayer to Hashem, for His greatness.”

Aleinu

Based on this explanation of the Pri Megadim, the Bi’ur Halacha explains the custom, common predominantly among those whose minhagim originate in Eastern Europe, of reciting Aleinu at the end of the kiddush levanah ceremony. The Bi’ur Halacha explains that to prevent anyone from thinking that this blessing is directed toward the moon, we clearly close the procedure with the prayer of Aleinu, which emphasizes that all our praises are only to Hashem.

What is the brocha?

The Gemara records a dispute as to what brocha one recites on the new moon. According to one opinion, the brocha is very simple: Boruch Attah Hashem Elokeinu Melech Ha’olam Mechadeish Chadoshim, “Blessed are You, Hashem, our G-d, King of the universe, Who renews the months.”

The Gemara concludes that this is not a sufficient text of the brocha, but that the correct text is much longer. There are several versions with slightly variant readings, but these slight variations have major differences in nuance. Our standard accepted version translates as follows: Blessed are You, Hashem, our God, King of the universe, Who with His Word created the Heavens and, with the breath of His mouth, all the Hosts. He established rules and a time that they not change their roles. They rejoice and are happy to fulfill the Will of their Owner.

At this point, there are two variant texts, one which says in Hebrew, po’alei emes she’pe’ulasam emes, which translates as They are actors in the truth whose actions are true. This version means that these words refer to the moon and the other heavenly bodies, whose movements are highly predictable. The Pri Megadim prefers the following version, which is the most accepted text of this brocha: po’eil emes she’pe’uloso emes. I found two approaches how to translate these words. According to the Pri Megadim (Eishel Avraham 426:9), this text also refers to the moon, and means the moon’s path follows the dictates of Hashem and demonstrates to us Hashem’s greatness. Another approach is that it refers to Hashem and is a continuation of the previous sentence, meaning, They are happy to fulfill the Will of their Owner, the Worker of truth, Whose work is true (Hirsch Siddur).

Continuing the rest of the text of the brocha: And to the moon, He said that it should renew itself, a crown of glory to those (the Jewish people) who are burdened from birth, who, in the future, will renew themselves like the moon does, and to glorify their Creator in the Name of the glory of His kingdom. Blessed are You, Hashem, Who renews the months.

There are several versions of the closing text. For example, the Mesechta Sofrim (20:1) closes Boruch Attah Hashem, Mekadeish Roshei Chadoshim, He Who Sanctifies the new months.

What else do we say?

Practice has developed that we add many prayers to the procedure, including quoting many pesukim; in the Sefardic version, there are piyutim included. Many of these pesukim and short prayers are already mentioned by Chazal. For example, Mesechta Sofrim cites several of the passages that are customarily recited after the brocha. This passage of Mesechta Sofrim is quoted by rishonim and poskim, such as the Tur (Orach Chayim 426), Rabbeinu Bachya (Shemos 12), and the Rema (Orach Chayim 426).

Motza’ei Shabbos

Mesechta Sofrim (20:1) adds that one should recite birkas levanah when in a festive mood and while wearing nice clothes. According to the text of Mesechta Sofrim that we have, it also recommends that kiddush levanah be recited on motza’ei Shabbos. However, it is apparent from several rishonim that their editions of Mesechta Sofrim did not include mention of this practice. Nevertheless, most, but not all, poskim reached the same conclusion: it is preferable to recite kiddush levanah on motza’ei Shabbos (Terumas Hadeshen #35). It is well known that the Vilna Gaon disagreed, contending that it is better to perform the mitzvah at the first opportunity (Maaseh Rav #159). Most communities follow the practice of the Terumas Hadeshen.

Three or seven?

The Rema rules that one should not be mekadeish the levanah until 72 hours have passed since the molad, the exact moment calculated for the new moon. Sefardim and some Chassidim follow the ruling of the Shulchan Aruch (Orach Chayim 426:2), who contends that one should wait until seven days after the molad to recite the birkas halevanah. This is one of the unusual places where the Shulchan Aruch’s ruling is based on kabbalistic sources (see Beis Yosef ad locum). The Shulchan Aruch rules, also, in accordance with the opinion of the Terumas Hadeshen that one should wait until motza’ei Shabbos to recite birkas halevanah. The Rema stipulates that this is true only when motza’ei Shabbos is before the tenth of the month. If one needs to be mekadeish the levanah on weekdays, first change into Shabbos clothes.

The light of the moon

The Zohar (parshas Ki Sissa) adds another insight and halachic requirement to the mitzvah: we should be able to benefit from the moonlight. Based on this Zohar, the Rema (Orach Chayim 426:1) rules that the mitzvah of kiddush levanah can be performed only at night, when you can benefit from the moon.

The early poskim discuss whether you can be mekadeish the levanah when there is a mild cloud cover. They conclude that when the outline of the moon can be seen clearly and some of its light shines through, you can be mekadeish the levanah.

There is a dispute concerning whether you can recite kiddush levanah when the moon is visible, but you estimate that, in the course of your reciting the brocha, it will slide behind a cloud cover. Some authorities rule that you can recite kiddush levanah under these circumstances, just as you can recite the brocha on seeing lightning or hearing thunder, and there is no concern that you will not hear or see them after you recite the brocha (Rav Chayim Sanzer’s notes to Shulchan Aruch, Orach Chayim 426). However, the consensus of opinion is that the rules for kiddush levanah are different from the rules for the other brochos mentioned. Proof of this is the halacha that you are not to recite kiddush levanah just for seeing the moon, but only when you can receive some benefit from its light (see Mishnah Berurah 426:3 and Bi’ur Halacha 426:1 s. v. Asher). There is no requirement that you benefit from thunder or lightning before reciting the brocha.

Before sunrise?

At this point, let us examine one of our opening questions: I live very far north, and in the summer months there is only a short period of time from when it gets dark until it begins becoming light, and that period of time is in the middle of the night. Am I permitted to be mekadeish the levanah either before it gets fully dark or during the post-dawn, pre-sunrise morning hours?

In other words, is it permitted to recite birkas halevanah when the moon is clearly visible, even when it is halachically considered daytime? Halachically, the day begins at alos hashachar (Brachos 2b), when there is some light across the entire eastern horizon. How long this is before sunrise depends primarily on the latitude you are at and the time of the year, although humidity, elevation, amount of light pollution and other details also factor. In Yerushalayim, it usually varies from between 72 to 96 minutes before sunrise.

Whether you can recite kiddush levanah when it is halachically daytime is debated by late authorities (see Hisorarus Teshuvah 1:199, authored by Rav Shimon Sofer, Erlau Rebbe; Shu”t Yaskil Avdi 8:20:53, by Rav Ovadiah Hadayah, a Sefardic mekubal and posek who lived in Yerushalayim; Chut Shani, Yom Tov, Shu”t #12 by Rav Nissim Karelitz). Those who need a definitive answer to this question should discuss it with their rav or posek.

Where’s the Rif?

At this point, let us discuss the last of our opening questions:

“My chavrusa and I were studying Mesechta Sanhedrin and found the fascinating topic of kiddush levanah there. When we went to look at the Rif and Rosh on the topic, we easily discovered the comments of the Rosh, but could not find the Rif? Did he not write on this topic? Why not?”

Of the three major halachic authorities upon which Rav Yosef Karo, author of Beis Yosef and Shulchan Aruch, heavily relied, the Rif, the Rambam, and the Rosh, the works of the Rif and the Rosh are organized following the layout of the Gemara. As a rule of thumb, they discuss the halachic topic in the same place that the Gemara discusses it, but eliminate all but the final halachic conclusion. Nevertheless, there are a few places where their discussion is not in the same place that the Gemara discusses the topic, but placed elsewhere, where it fits more smoothly.

In general, the Rosh follows the system set up by the Rif, who preceded him by several hundred years. However, there are a few exceptions, one of which is the mitzvah of kiddush levanah. Although the Gemara discusses the topic in Mesechta Sanhedrin, the Rif chose not to discuss this within his comments to that mesechta, but, instead, to quote it among his comments on Mesechta Brachos. The Rosh chose not to follow the Rif in this instance, but to place his comments in Mesechta Sanhedrin, where the Gemara’s discussion is located. Thus, this question really should be why the Rosh chose not to follow the Rif in this instance. Since the Rosh never explains why he organizes his material as he does, it will be completely conjecture on our part to suggest an answer.

Conclusion

We understand well why our calendar involves use of the solar year – after all, our seasons, and the appropriate times for our holidays, are based on the sun. But why did the Torah insist that our months follow the moon? It seems that we could live just fine without months that are dependent on the moon’s rotation around the earth! The accepted calendar for all world commerce is the western calendar, which is completely solar, and all farmers use this calendar almost exclusively.

In parshas Bereishis, the Torah states that the moon will serve as an os, a “sign.” In what way is the moon an os? Rabbeinu Bachya (Bereishis 1:18) explains that this refers to birkas halevanah, when we have the opportunity to fulfill the mitzvah. As far as I understand, he means that the waxing and waning of the moon is symbolic of our own relationship with Hashem– which is sometimes better and, sometimes, less so. However, we know that we can always improve that relationship, just as the moon renews itself after waning and nearly disappearing.




Missing the Reading II

Question #1: The Missing Speaker

The audience waited patiently for the guest speaker from America who never arrived, notwithstanding that he had marked it carefully on his calendar and was planning to be there. What went wrong?

Question #2: The Missing Reading

“I will be traveling to Eretz Yisrael this spring, and will miss one of the parshiyos. Can I make up the missing kerias haTorah?”

Question #3: The Missing Parsha

“I will be traveling from Eretz Yisrael to the United States after Pesach. Do I need to review the parsha twice?”

Question #4: The Missing Aliyah

“May I accept an aliyah for a parsha that is not the one I will be reading on Shabbos?”

Introduction:

As we explained in the first part of this article, this year we have a very interesting phenomenon: a difference in the weekly Torah parsha between what is read in Eretz Yisrael and what is read in chutz la’aretz for over three months  – until the Shabbos of Matos/Masei, the second of the Shabbosos during the Three Weeks and immediately before Shabbos Chazon. Since the Eighth Day of Pesach of chutz la’aretz, Acharon shel Pesach, falls on Shabbos, in chutz la’aretz, where this day is Yom Tov, we read a special Torah reading in honor of Yom Tov, beginning with the words Aseir te’aseir. In Eretz Yisrael, where Pesach is only seven days long, this Shabbos is after Pesach is over (although the house is presumably still chometz-free), and the reading is parshas Acharei Mos, which is always the first reading after Pesach in a leap year (Shulchan Aruch, Orach Chayim 428:4). On the subsequent Shabbos, the Jews of Eretz Yisrael already read parshas Kedoshim, since they read parshas Acharei Mos the week before, whereas outside Eretz Yisrael the reading is parshas Acharei Mos, since for them it is the first Shabbos after Pesach.

This phenomenon, whereby the readings of Eretz Yisrael and chutz la’aretz are a week apart, continues until the Shabbos that falls on August 6th. On that Shabbos, in chutz la’aretz, parshiyos Matos and Masei are read together, whereas, in Eretz Yisrael, that week is parshas Masei; parshas Matos was read the Shabbos before.

Re-runs

Anyone traveling to Eretz Yisrael during these three months will miss a parsha on his trip there, and anyone traveling from Eretz Yisrael to chutz la’aretz will hear the same parsha on two consecutive Shabbosos. Those from Eretz Yisrael who spend Pesach in chutz la’aretz will find that they have missed a parsha.

As I mentioned in the previous article, several halachic questions result from this phenomenon. Is someone who travels to Eretz Yisrael during these three months — who, as a result, missed a parsha — required to make up the missed parsha, and, if so, how? During which week does he perform the mitzvah of shenayim mikra ve’echad Targum, reviewing the parsha twice with the commentaries of Targum Onkelos and/or Rashi? Is someone who will be hearing a specific parsha on two consecutive weeks required to review the parsha again on the second week? Can someone receive an aliyah or “lein” on a week that is not “his” parsha? These are some of the questions that we will discuss in this article.

Searching for a Missing Parsha

At this point, let us examine one of our opening questions: I will be traveling to Eretz Yisrael this spring, and will miss one of the parshiyos. Can I make up the missing kerias haTorah?

To the best of my knowledge, all halachic authorities rule that there is no requirement upon an individual to make up a missing parsha (Yom Tov Sheini Kehilchasah page 239, notes 40 and 41, quoting Rav Shlomoh Zalman Auerbach, Rav Elazar Shach, and disciples of Rav Moshe Feinstein in his name). Nevertheless, there is a widespread practice to try to find ways of reading through the entire missed parsha. This can only be done if one finds a very accommodating minyan of people, or if ten or more people are together who will all be in the same predicament because of their travel plans. In other words, a group of people, all of whom will be missing one parsha, should try to read the parsha that they will otherwise miss. However, making up the missing parsha is not required.

Among the approaches I know how to do the makeup reading, once they are in Eretz Yisrael, is to read the entire missed parsha together with the kohein’s aliyah. In other words, they would begin reading the week’s chutz la’aretz parsha, even though they are now in Eretz Yisrael, and would read for the kohein aliyah the entire parsha of that week in chutz la’aretz. . They would then end the kohein’s aliyah at the place that, in Eretz Yisrael, his aliyah ends.

An alternative suggestion is that at mincha of the Shabbos before one leaves chutz la’aretz, one reads the entire coming week’s parsha, rather than only until sheini, as we usually do (Yom Tov Sheini Kehilchasah, page 241).

Individual versus tzibur

We should note that there is a major difference in halacha whether an individual missed a week’s reading, or whether an entire tzibur missed it.  There is longstanding halachic literature ruling that, when an entire tzibur missed a week’s Torah reading, a situation that transpires occasionally due to flooding, warfare, COVID lockdown or other calamity, the tzibur is required to make up the reading that was missed by reading a double parsha the following week (Rema, Orach Chayim 135:2, quoting Or Zarua).

Which parsha?

At this point, let us examine the next of our opening questions:

“I will be traveling from Eretz Yisrael to the United States after Pesach. Do I need to review the parsha twice?”

Let me explain the background to the question. The Gemara (Berachos 8a-b) states: “A person should always complete his weekly parshiyos with the community by reading the Scriptures twice and the targum once (shenayim mikra ve’echad targum).” The targum referred to here is the Aramaic translation of the chumash known as Targum Onkelus. I have written other articles discussing this mitzvah that are available on RabbiKaganoff.com.

Our questioner is asking as follows: He will have read each parsha according to the weekly schedule in Israel, and then he will be traveling to chutz la’aretz, where the previous week’s Eretz Yisrael reading will then be read. Does the requirement to read the weekly parsha “with the community” require him to read the same parsha again the next week, since, in that week, he is part of the chutz la’aretz community, notwithstanding that he just read through that entire parsha the week before?

This exact issue is raised by Rav Avraham Chaim Na’eh, one of the great halachic authorities of mid-twentieth century Yerushalayim. Rav Na’eh, usually referred as the Grach Na’eh, authored many Torah works, among them Shiurei Torah on the measurements germane to halacha, and Ketzos Hashulchan, which is an easy-to-read, practical guide to daily halacha. Aside from its being an excellent source of halacha that can be studied by both a layman and a skilled talmid chacham, the Grach Na’eh had a specific unwritten goal to accomplish in Ketzos Hashulchan. Whenever the Mishnah Berurah disputes an approach of the Gra”z, also known as the Rav Shulchan Aruch, the Grach Na’eh presents a brilliant approach explaining how the Gra”z understood the topic and thus justifying that position. The Grach Na’eh was himself a Lubavitcher Chassid, and, therefore, certainly felt a personal responsibility to explain any difficulty that someone might pose with a halachic position of the Gra”z, the founder of Chabad Chassidus.

Returning to our original question, the Grach Na’eh (Ketzos Hashulchan, Chapter 72, footnote 3) rules that a ben Eretz Yisrael is not required to read shenayim mikra ve’echad targum again a second time the next week, since he already fulfilled the mitzvah of reading it together with the Israeli tzibur. However, someone from chutz la’aretz who travels to Eretz Yisrael is required to perform the mitzvah of shenayim mikra ve’echad targum by reading both parshiyos the week he arrives in Eretz Yisrael. As part of the Eretz Yisrael tzibur, he must read the parsha of Eretz Yisrael, and he also must read the parsha of chutz la’aretz, because otherwise he’ll completely miss studying that parsha this year.

Which one first?

This last point leads us to a new question. Assuming that our chutz la’aretz traveler is now required to read through two parshiyos during the week that will be his first Shabbos in Israel, which parsha does he read first? Does he read the two parshiyos according to their order in the Torah, or does he first read the one being read in Eretz Yisrael, which is second in order of the Torah?

Why would he read the two parshiyos out of order?

The reason to suggest this approach is because the mitzvah is to read the parsha with the tzibur, and the Torah reading our traveler will be hearing that week is the second parsha, since Eretz Yisrael’s reading is a week ahead.

We find a responsum on a related question. The Maharsham, one of the greatest halachic authorities of the late nineteenth and early twentieth century, was asked the following by Rav Yitzchak Weiss, who is identified as a rav in Pressburg, Hungary. (You won’t find this city in any map of Hungary today, for two very good reasons: This city is known today as Bratislava, and it is the capital of Slovakia.)

The question concerns someone who did not complete being maavir sedra one week. Should he complete the parsha that he is missing before beginning the current week, in order to do his parshiyos in order, or should he do the current week first, and then make up the missed part of the previous week?

The Maharsham concludes that he should do the current week first and then the makeup (Shu”t Maharsham 1:213). If we consider our case to be parallel to his, then one should do the two parshiyos in reverse order. However, one could argue that our traveler has an equal chiyuv to complete both parshiyos, since he is now considered a member of two different communities regarding the laws of the week’s parsha. In this case, he should do them in order.

Which aliyah?

At this point, let us look at our final question. “May I accept an aliyah for a parsha that is not the one I will be reading on Shabbos?”

All halachic authorities that I have heard regarding this question hold that one may receive an aliyah and/or lein without any concerns. The basis for this approach is that Chazal did not require that we hear a specific Torah reading each week. The requirement is that there be a public Torah reading, and that these readings should do in order so that the tzibur (and also the individual) should eventually read the entire Torah. But there is no requirement that I hear or read specific pesukim on any given week.

Conclusion

We see the importance of reading through the entire Torah every year. We should place even more importance in understanding the Torah’s portion well every week and putting it into practice.




Missing the Reading

Question #1: The Missing Speaker

The audience waited patiently for the guest speaker from America who never arrived, notwithstanding that he had marked it carefully on his calendar and was planning to be there. What went wrong?

Question #2: The Missing Reading

“I will be traveling to Eretz Yisroel this spring, and will miss one of the parshios. Can I make up the missing kerias haTorah?”

Question #3: The Missing Parshah

“I will be traveling from Eretz Yisroel to the United States after Pesach. Do I need to review the parshah twice?”

Question #4: The Missing Aliyah

“May I accept an aliyah for a parshah that is not the one I will be reading on Shabbos?”

Introduction

The Jerusalem audience is waiting for the special guest speaker. The scheduled time comes and goes, and the organizer is also wondering why the speaker did not apprise him of a delay. Finally, he begins making phone calls and discovers that the speaker — is still in Brooklyn!

What happened? Well… arrangements had been made for the speaker to speak on Wednesday of parshas Balak. Both sides confirmed the date on their calendars — but neither side realized that they were not talking about the same date!

This year we have a very interesting phenomenon that affects baalei keri’ah, calendar makers, those traveling to or from Eretz Yisroel, and authors whose articles are published in Torah publications worldwide. When Acharon shel Pesach falls on Shabbos in a leap year, there is a difference in the weekly Torah reading between what is read in Eretz Yisroel and what is read in chutz la’aretz – for a very long period of time – over three months  – until the Shabbos of Matos/Masei, during the Three Weeks and immediately before Shabbos Chazon. Although Acharon shel Pesach falls on Shabbos fairly frequently, most of the time this is in a common year, and the difference between the observances of chutz la’aretz and of Eretz Yisroel last for only a few weeks.

Why the different reading?

When the Eighth Day of Pesach, Acharon shel Pesach, falls on Shabbos, the Jews of chutz la’aretz, where this day is Yom Tov, read a special Torah reading in honor of Yom Tov that begins with the words Aseir te’aseir. In Eretz Yisroel, where Pesach is only seven days long, this Shabbos is after Pesach (although the house is still chometz-free), and the reading is parshas Acharei Mos, which is usually the first reading after Pesach in a leap year (Shulchan Aruch, Orach Chayim 428:4). On the subsequent Shabbos, the Jews of Eretz Yisroel already read parshas Kedoshim, whereas outside Eretz Yisroel the reading is parshas Acharei Mos, since for them it is the first Shabbos after Pesach. Until mid-summer, chutz la’aretz will consistently be a week “behind” Eretz Yisroel. Thus, this year in Eretz Yisroel, the Wednesday of parshas Behar is the 10th of Iyar or May 11th. However, in chutz la’aretz, the Wednesday of parshas Behar is a week later, on the 17th of Iyar or May 18th.

This phenomenon, whereby the readings of Eretz Yisroel and chutz la’aretz are a week apart, continues until the Shabbos that falls on July 30th. On that Shabbos, in chutz la’aretz, parshios Matos and Masei are read together, whereas in Eretz Yisroel that week is parshas Masei, parshas Matos having been read the Shabbos before.

The ramifications of these practices affect not only speakers missing their engagements, and writers, such as myself, who live in Eretz Yisroel but write parshah columns that are published in chutz la’aretz. Anyone traveling to Eretz Yisroel during these three months will miss a parshah on his trip there, and anyone traveling from Eretz Yisroel to chutz la’aretz will hear the same parshah on two consecutive Shabbosos. Those from Eretz Yisroel who spend Pesach in chutz la’aretz will find that they have missed a parshah. Unless, of course, they decide to stay in Eretz Yisroel until the Nine Days. But this latter solution will not help someone who is living temporarily in Eretz Yisroel and therefore observing two days of Yom Tov. Assuming that he attends a chutz la’aretz minyan on Acharon shel Pesach, he will miss hearing parshas Acharei.

Several halachic questions result from this phenomenon. Is a traveler or someone who attended a chutz la’aretz minyan on Acharon shel Pesach required to make up the missed parshah, and, if so, how? During which week does he review the parshah shenayim mikra ve’echad Targum? If he will be hearing a repeated parshah, is he required to review the parshah again on the consecutive week? Can he receive an aliyah or “lein” on a Torah reading that is not “his” parshah? These are some of the questions that result from this occurrence.

Why doesn’t chutz la’aretz catch up earlier?

But first, let us understand why this phenomenon lasts for such a long time! After all, there are numerous weeks when chutz la’aretz could “double up” two parshios and thereby “catch up” to Eretz Yisroel. Why don’t they double up Acharei Mos/Kedoshim the week after Pesach, or Behar/Bechukosei, which is only a few weeks later, rather than reading five weeks of sefer Vayikra and virtually all of sefer Bamidbar, before straightening out the problem?

Even more, when Shavuos falls on Friday in Eretz Yisroel, or on Friday and Shabbos in chutz la’aretz in a common year. When this happens in a leap year, in chutz la’aretz the parshios of Chukas and Balak are combined in order to “catch up.” Why not follow the same procedure when acharon shel Pesach falls on Shabbos, instead of waiting until Matos/Masei.

As you can imagine, we are not the first to raise these questions. They are discussed by one of the great sixteenth-century halachic authorities, the Maharit (Shu”t Maharit, Volume II, Orach Chayim #4). He answers that the reason why chutz la’aretz does not double the parshah earlier is because this would make Shavuos fall earlier than it should. Ideally, Shavuos should be observed between Bamidbar and Naso, and combining either Acharei Mos with Kedoshim, or Behar with Bechokosai pushes Shavuos until after parshas Naso.

Shavuos after Bamidbar

Why should Shavuos be after Bamidbar? The Gemara establishes certain rules how the parshios should be spaced through the year. “Ezra decreed that the Jews should read the curses of the tochacha in Vayikra before Shavuos and those of Devarim before Rosh Hashanah. Why? In order to end the year together with its curses! [The Gemara then comments:] We well understand why we read the tochacha of Devarim before Rosh Hashanah, because the year is ending, but why is that of Vayikra read before Shavuos? Is Shavuos the beginning of a year? Yes, Shavuos is the beginning of a new year, as the Mishnah explains that the world is judged on Shavuos for its fruit” (Megillah 31b).

We see from this Gemara that we must space out our parshios so that we read from the beginning of Bereishis, which we begin on Simchas Torah, until parshas Bechukosai at the end of Vayikra before Shavuos. We then space our parshios so that we complete the second tochacha in parshas Ki Savo before Rosh Hashanah.

One week or two?

However, this Gemara does not seem to explain our practice. Neither of these parshios, Bechukosai or Ki Savo, is ever read immediately before Shavuos or Rosh Hashanah. There is always at least one other Shabbos wedged between. This practice is already noted by Tosafos (Megillah 31b s.v. Kelalos). The Levush (Orach Chayim 428:4) explains that, without the intervening Shabbos as a shield, the Satan could use the tochacha as a means of accusing us on the judgment day. The intervening Shabbos, when we read a different parshah, prevents the Satan from his attempt at prosecuting, and, as a result, we can declare: End the year together with its curses!

The Maharit explains that not only should we have one intervening Shabbos between the reading of the tochacha and the judgment day, we should preferably have only one Shabbos between the two. That is why chutz la’aretz postpones doubling a parshah until after Shavuos. (Indeed, parshas Naso is read in Eretz Yisroel before Shavuos in these years, but that is because there is no better option. In chutz la’aretz, since one can have the readings occur on the preferred weeks, Shavuos is observed on its optimal Shabbos reading.)

Why not Chukas/Balak?

However, the Maharit notes that this does not explain why the parshios of Chukas and Balak are not combined, although he notes that, in his day, some communities indeed did read the two together when Acharon shel Pesach fell on Shabbos. The Syrian communities followed this practice and in these years combined parshios Chukas and Balak together, and read Matos and Masei on separate weeks. There is no Jewish community in Syria anymore today that reads kerias haTorah according to this custom – for that matter, there is, unfortunately, no longer any Jewish community in Syria that reads kerias haTorah according to any custom. I am under the impression that the communities of Aleppo Jews currently living in Flatbush and in Deal, New Jersey, although they strictly follow the customs that they have practiced for centuries, do not follow this approach. I am not familiar with  the custom of other Syrian communities.

To explain the common custom that does not combine the parshios of Chukas and Balak, the Maharit concludes that once most of the summer has passed and the difference is only what to read on three Shabbosos, we combine Matos with Masei which are usually combined, rather than Chukas and Balak, which are usually separate. The two parshios, Matos and Masei, are almost always read together, and are separated only when the year requires an extra Shabbos reading, as it does this year in Eretz Yisroel. Truthfully, we should view Matos and Masei as one long parshah (making the combination the largest parshah in the Torah) that occasionally needs to be divided, rather than as two parshios that are usually combined.

The Maharit explains further that combining the parshios of Matos and Masei emphasizes that the reading for Shabbos Chazon should be parshas Devorim and for Shabbos Nachamu should be parshas Va’eschanan. This is important, because parshas Va’eschanan includes the section of the Torah that begins with the words Ki solid banim… venoshantem, which includes an allusion to the fact that Hashem brought about the churban two years early, in order to guarantee that klal Yisroel would return to Eretz Yisroel. Since this is part of the post-Tisha Be’Av consolation, it is appropriate that people see that our reading was doubled just now, for the sake of making these readings fall on the proper Shabbosos.

One could also explain this phenomenon more simply: Matos and Masei are read on separate weeks only when there simply are otherwise not enough readings for every Shabbos of the year.

In these occasional years when Matos and Masei are read separately, parshas Pinchas falls out before the Three Weeks — and we actually get to read the haftarah that is printed in the chumashim for parshas Pinchas, Ve’yad Hashem, from the book of Melachim. In all other years, parshas Pinchas is the first Shabbos of the Three Weeks, and the haftarah is Divrei Yirmiyahu,the opening words of the book of Yirmiyahu, which is appropriate to the season. The printers of chumashim usually elect to print Divrei Yirmiyahu as if it is the haftarah for parshas Matos, and then instruct you to read it, on most years, instead as the haftarah for Pinchas. What is more logical is to label this haftarah as the one appropriate for the first of the Three Weeks, and to print both after Pinchas. The instructions should read that on the occasional year when Pinchas falls before the 17th of Tamuz, they should read Ve’yad Hashem, and when Pinchas falls on or after the 17th of Tamuz, they should read Divrei Yirmiyahu. A note after parshas Matos should explain that when this parsha is read alone, they should read the second haftarah printed after parshas Pinchas. But, then, the printers do not usually consult with me what to do, electing instead to mimic what previous printers have done. This phenomenon affects practical halachah, but that is a topic for a different time. However, the printers’ insistence to call Ve’yad Hashem the “regular” haftarah for parshas Pinchas has lead to interesting questions.

Click here for part II of this article.




Taking out the Sefer Torah

The Mishkan surrounds the Aron, which contains the Torah…

Question #1: Confused genealogist asks: Which?

Which Keil erech apayim should I say?

Question #2: Caring husband/son asks: Who?

My wife is due to give birth shortly, and I am saying kaddish for my father. On the days that the Torah is read, should I lead the davening (“daven in front of the amud”), open the aron hakodesh, or do both?

Question #3: Concerned davener asks: When?

When do I recite Berich She’mei?

Background

Prior to taking the sefer Torah out of the aron hakodesh, various prayers are recited, all of which have been part of our liturgy for many hundreds of years. This article will discuss the background and many of the halachos of these prayers.

Introduction

Reading the Torah, which is a mitzvah miderabbanan, is actually the earliest takkanas chachamim that was ever made. It was instituted by Moshe Rabbeinu in his capacity as a community leader, which placed on him the responsibility of creating takkanos when necessary. As a matter of fact, one of Moshe Rabbeinu’s names is Avigdor, which refers to his role as the one who created fences to protect the Jewish people )see Midrash Rabbah, Vayikra 1:3(. In this instance, after he saw what happened at Refidim (see Shemos 17:1), he realized that three days should not go by without an organized studying of the Torah. Therefore, he instituted that the Torah be read every Monday, Thursday and Shabbos (Bava Kamma 82a; Rambam, Hilchos Tefillah 12:1).

Over a thousand years later, Ezra expanded this takkanah to include a reading on Shabbos Mincha, in order to provide those who did not study Torah regularly an extra boost of Torah learning. Ezra also instituted that when the Torah is read, three people are called up, each aliyah contains at least three pesukim, and the entire reading should be a minimum of ten pesukim. (There is one exception to this last rule — on Purim, we read the story of Vayavo Amaleik that is exactly nine pesukim. This is because the topics both before and after this section have nothing to do with the Amaleik incident, and it is therefore better to keep the reading focused rather than add an extra posuk.)

Keil erech apayim

On weekdays, prior to removing the sefer Torah on days that tachanun is recited, we say a short prayer that begins with the words, Keil erech apayim, “Hashem, You who are slow to anger and are full of kindness and truth, do not chastise us in Your anger! Hashem, have mercy on Your people (Israel), and save us (hoshi’einu)from all evil! We have sinned to You, our Master; forgive us, in keeping with Your tremendous compassion, O, Hashem.” The prayer Keil erech apayim should be said standing, because it includes a brief viduy, confession, and halacha requires that viduy be recited standing (Magen Avraham, introduction to Orach Chayim 134).

Am I German or a Pole?

In virtually every siddur I have seen, two slightly variant texts are cited, the one I quoted above, which is usually recorded as the “German custom” or “German version” and a slightly variant version described as the “Polish version.” Some siddurim provide greater detail, presenting the “first” version as the “custom of western Germany, Bohemia and parts of ‘lesser’ Poland,” and the “second” version, as the “custom of ‘greater’ Poland.” In one siddur, I saw the an even more detailed, halachic explanation, describing the “first” version as the custom of the areas in and near “western Germany, Prague, Lublin and Cracow,” and the second text for the areas around “Posen and Warsaw.”

But, if your family came from somewhere other than Germany, the Czech Republic (where Bohemia and Prague are located) or Poland, which one do you recite? Many people are bothered by this question, myself included, since my father was born in Ukraine, as were all my grandparents and greatgrandparents on his side of the family, and my mother’s side of the family was from Lithuania.

Eidot hamizrah

A more intriguing question is that both versions of this prayer are in eidot hamizrah siddurim, and their custom is to recite both, “German” version first. I found this or a similar custom mentioned in several rishonim from very different times and places – in the Machzor Vitri, of 11th century France, the Kol Bo of 13th century Provence, and the

Avudraham of 14th century Spain. Some rishonim record a custom of reciting both versions, but having the chazzan recite the first and the community respond with the second (Machzor Vitri). According to either of these approaches, the question is why recite both prayers, since they are almost identical.

The answer given by the Machzor Vitri is that the first version uses the word hoshi’einu whereas the second uses the word hatzileinu. Both of these words translate into English as “Save us.” However, their meaning is not the same; hoshi’einu implies a permanent salvation, whereas hatzileinu is used for a solution to a short-term problem. The Machzor Vitri, therefore, explains that the first prayer is that Hashem end our galus. After asking for this, we then ask that, in the interim, He save us from our temporary tzoros, while we are still in galus.

Ancient prayer

The facts that these prayers are in both Ashkenazic and Eidot hamizrah siddurim, and that rishonim of very distant places and eras are familiar with two different versions, indicate that these prayers date back earlier, presumably at least to the era of the ge’onim. Clearly, although our siddur refers to a “German custom” and a “Polishcustom,” both versions were known before a Jewish community existed in Poland – earlier than when the words “Polish custom” could mean anything associated with Jews!

Atah hor’eisa

In some communities, reading of the Torah is introduced by reciting various pesukim of Tanach, the first of which is Atah hor’eisa loda’as  ki Hashem Hu Ha’Elokim, ein od milevado, “You are the ones who have been shown to know that Hashem is The G-d, and there is nothing else besides Him” (Devorim 4:35). The practice among Ashkenazim is to recite the pesukim beginning with Atah hor’eisa as an introduction to kerias haTorah only on Simchas Torah. However, in eidot hamizrah practice, Atah hor’eisa is recited every Shabbos, just before the aron is opened, and a shortened version is recited any time that tachanun is not said. (Essentially, these pesukim are said instead of Keil erech apayim, which is only recited on days that tachanun is said.)

According to the ruling of the Ben Ish Chai, as many pesukim should be recited as people who will be called to the Torah that day. Therefore, on Shabbos, the posuk, Atah hor’eisa, is the first of eight pesukim; on Yom Tov, the first two pesukim, including the posuk that beings with the words Atah hor’eisa, are omitted (Ben Ish Chai year II, parshas Tolados, #15). On weekdays when no tachanun is recited, only three pesukim are recited, beginning with the posuk, yehi Hashem Elokeinu imanu ka’asher hayah im avoseinu, al yaaz’veinu ve’al yi’tesheinu (Melachim I 8:57). The Ben Ish Chai emphasizes that, apparently because of a kabbalistic reason, it is incorrect to recite more pesukim than the number of people who will be called to the Torah that day. Most, but not all, eidot hamizrah communities follow this approach today.

Opening the aron

Having completed the recital of either Keil erech apayim, Atah hor’eisa, neither or both, the aron hakodesh is opened. The poskim rule that the aron hakodesh should not be opened by the chazzan, but by a different person, who also removes the sefer Torah. (In some minhagim this is divided between two honorees, one who opens the aron hakodesh and one who takes out the sefer Torah.) The chazzan himself should not remove the sefer Torah from the aron hakodesh, as it is a kavod for the sefer Torah that someone else remove it from the aron and hand it to the chazzan. The honor is in that the extra people involved create more pomp and ceremony with which to honor the reading of the Torah (Aruch Hashulchan, Orach Chayim 282:1, based on Mishnah, Yoma 68b).

The opener

A minhag has developed recently that the husband of a woman who is in the ninth month of pregnancy should open the aron hakodesh and close it, afterward. The idea that opening the aron is a segulah for a smooth and easy opening of the womb is recorded in eidot hamizrah kabbalistic authorities (Chida in Moreh Be’etzba 3:90; Rav Chayim Falagi in Sefer Chayim 1:5(. To the best of my knowledge, this custom was unheard of among Ashkenazim until the last thirty or so years. As I see it, this custom has value in that it might ameliorate a husband’s feelings that he is at least doing something to assist his poor wife when she goes through highly uncomfortable contractions. And, it also makes his wife feel that he did something for her, so there may be a sholom bayis benefit. As to whether there is any segulah attached to this practice, I will leave that for the individual to discuss with his own rav or posek.

Caring husband

At this point, let us address the second of our opening questions:

“My wife is due to give birth shortly, and I am saying kaddish for my father. On the days that the Torah is read, should I lead the davening (“daven in front of the amud”), open the aron hakodesh, or do both?”

Let me explain the question being asked. Well-established practice is that an aveil davens in front of the amud (leads the services) on days other than Shabbos or Yom Tov as a merit for his late parent. (There are many variant practices concerning which days are considered a “Yom Tov” for these purposes; discussion of this issue will be left for another time.) Based on the above information, our very caring husband/son is asking: since he should not take both honors of leading the services and of opening the aron hakodesh, which honor should he take?

In my opinion, he should lead the services, which is a custom going back hundreds of years, whereas the custom of taking the sefer Torah out of the aron hakodesh is mentioned much more recently, and was not even practiced by Ashkenazim until a few years ago. However, I will leave it to the individual to discuss this issue with his rav or posek.

Berich She’mei

At this point, we can discuss the third of our opening questions: “When do I recite Berich She’mei?”

The Aramaic words of Berich She’mei comprise a prayer that is recorded in the Zohar (parshas Vayakheil). When we trace back the customs on which days this prayer is recited, we find many different practices:

1. Recite it only before Shabbos Mincha reading.

2. Recite it on Shabbos at both morning and Mincha readings.

3. Recite it not only on Shabbos, but also on Yom Tov.

4. Recite it on Shabbos, Yom Tov and Rosh Chodesh, but not on weekdays or fast days (other than Yom Kippur).

5. Recite it whenever the Torah is read.

6. A completely opposite custom — never recite it at all.

Allow me to explain the origins of these various practices.

1. Only Shabbos Mincha

Although I saw different sources mention this practice, I did not see any explanation.

I can humbly suggest two possible reasons for this custom. One is that since the kerias hatorah of Shabbos Mincha was not part of the original takkanah of Moshe, but was established subsequently to provide those who did not learn Torah during the week the opportunity to study some extra Torah while they were in shul for davening, the kerias hatorah represents the entire Jewish people studying Torah together, creating a level of kedusha that justifies recital of the beautiful prayer of Berich She’mei.

Another option: Shabbos has three levels of sanctity, Friday evening, Shabbos morning and Shabbos afternoon. There are several ramifications of these differences, including that the central part of the three shemoneh esrei tefilos of ShabbosMaariv, Shacharis and Mincha — are three completing different prayers (as opposed to all other days when the main parts of these three tefilos are identical). These three tefilos represent three historical Shabbosos and their spiritual ramifications:

(1) Maariv, or, more accurately, the Friday evening part of Shabbos, represents the Shabbos of creation.

(2) Shabbos morning represents the Shabbos of the giving of the Torah.

(3) Shabbos afternoon represents the future Shabbos of the post-redemption world.

These three aspects manifest themselves also in the three meals of Shabbos, and, for this reason, seudah shelishis is traditionally approached as having the pinnacle of spirituality. This explains why Shabbos Mincha is the time that the prayer, Berich She’mei, specifically addresses.

2. Only Shabbos, but both morning and Mincha

This approach is quoted in the name of the Arizal – presumably, it has to do with a level of kedusha that exists only on Shabbos. (See also Magen Avraham, introduction to 282).

3. Only Shabbos and Yom Tov

4. Only Shabbos, Yom Tov and Rosh Chodesh

These two customs are both based on the concept that Berich She’mei should not be recited on a weekday, but is meant for a day when there is special sanctity. This is based on the words in Berich She’mei, Berich kisrach,“May Your crown be blessed.” In kabbalistic concepts, we praise Hashem in this special way only on Shabbos and Yomim Tovim, and that is why the kedusha in nusach Sefard for Musaf begins with the words keser yitnu, which refers to Hashem’s crown.

I saw this practice quoted in the name of the Arizal and the Chida, and most eidot hamizrah siddurim include Berich She’mei prior to the Shabbos and Yom Tov readings, but not prior to weekday reading.

Many authorities note that those who follow this practice regarding Berich She’mei should also recite it on Rosh Chodesh, since the practice is to recite the words keser yitnu also as part of the kedusha of Rosh Chodesh (Ben Ish Chai year II, parshas Tolados, #15).

5. Always

This is the common practice among Ashkenazim and in nusach Sefard (Elyah Rabbah, 141; Be’er Heiteiv, Pri Megadim, Machatzis Hashekel, Mishnah Berurah; all at beginning of 282).

The Seder Hayom, an early Sefardic kabbalist, mentions the laws of reciting Berich She’mei when he discusses the laws of reading the Torah on weekdays. From this, the Elyah Rabbah (134:4) notes that the Seder Hayom appears to hold that Berich She’mei should be recited whenever the sefer Torah is taken out of the aron hakodesh. In other words, he disagrees with the approach followed by the other mekubalim mentioned, the Arizal and the Chida.

6. Not at all

In some communities in Germany, the practice was not to recite Berich She’mei at all. There appears to be a historical reason why not, based on the words of the prayer Berich She’mei itself, which states, lo al bar elohin samichna, “We do not rely on the ‘sons of G-d.’” Apparently, some of Shabsai Tzvi’s proponents claimed that the term “sons of G-d” alluded to Shabsai Tzvi, and, for this reason, it was decided to omit the entire prayer. Several sources quote this position in the name of the Noda BeYehudah, although I have been unable to find any place where he wrote this. It is certain that the Noda BeYehudah was strongly opposed to the introduction of kabbalistic ideas into our tefilos; for example, he attacks very stridently the custom, which he refers to as “recently introduced and very wrong,” of reciting lesheim yichud prior to fulfilling mitzvos (Shu’t Noda BeYehudah Orach Chayim 2:107; Yoreh Deah #93).

Those who do recite Berich She’mei assume that this term bar elohin refers to the angels, and they certainly exist, just as it is certain that it is prohibited to pray to them.

When to say it?

When is the best time to recite the prayer Berich She’mei? In a teshuvah on this subject, Rav Moshe Feinstein notes that the Zohar prayer does not mention specifically whether it should be said before the Torah is removed from the aron hakodesh or afterward. However, the Sha’ar Efrayim,authored by Rav Efrayim Zalman Margoliyos, one of the great early nineteenth century poskim, rules that the optimal time to recite Berich She’mei is after the sefer Torah has been removed from the aron hakodesh, and this is the conclusion that Rav Moshe reaches. In other words, it is preferred that the person being honored with taking the sefer Torah out of the aron hakodesh should do so as soon as practical, and then hold the sefer Torah while Berich She’mei is recited. Someone who was unable to recite Berich She’mei then, can still say it until the sefer Torah is opened to lein (Seder Hayom, quoted by Elyah Rabbah 134:4).

Conclusion

In the introduction to Sefer Hachinuch, the author writes that the main mitzvah upon which all the other mitzvos rest is that of Talmud Torah. Through Torah learning, a person will know how to fulfill all of the other mitzvos. That is why Chazal instituted a public reading of a portion of the Torah every Shabbos, twice, and on Mondays and Thursdays. Knowing that the proper observance of all the mitzvos is contingent on Torah learning, our attention to kerias haTorah will be heightened. According the Torah reading the great respect it is due should increase our sensitivity to the observance of all the mitzvos.




Minyan Matters

The Talmud Yerushalmi (Megillah 4:4) cites a Biblical allusion regarding the requirements for a minyan, based on the ten sons of Yaakov who traveled to Mitzrayim together.

Question #1: Ten for Haftarah?

“I know that a child may recite the haftarah. Does this require a minyan?”

Question #2: Ten for Kaddish

“We had a minyan when we began saying Aleinu, but when we finished, we were short. Can I still say kaddish?”

Question #3: Lost our Minyan

“In the middle of the sheva brachos, we lost our minyan. What can we do?”

Introduction

The Mishnah teaches that communal davening (tefillah betzibur), duchening, sheva brachos, reading of the Torah and the haftarah, and various other practices all require ten adult male Jews (Megillah 23b).

A different passage of Gemara explains that, at times, the mitzvah of kiddush Hashem also requires a minyan (Sanhedrin 74b). The situation is when an evil person coerces a Jew to violate the Torah only because he wants the Jew to violate the Torah, but not because he has any personal benefit from the prohibited activity. If this is done in public, the Jew is required to give up his life, rather than violate the Torah. This commitment to observing the Torah fulfills the mitzvah of sanctifying Hashem’s Name in public, kiddush Hashem (see Rambam, Hilchos Yesodei HaTorah 5:2). However, this halacha is true only if ten Jews are present. To quote this passage: Rabbi Yaakov quoted Rabbi Yochanan, “‘In public’ means that there are at least ten people.”

The Gemara continues: “It goes without saying that these ten people must be Jews, since the Torah states, ‘and I shall be sanctified among the Jewish people.’ Rav Yirmiyah inquired: ‘What is the law if there are nine Jews and one non-Jew?’” The Gemara concludes that the mitzvos of kiddush Hashem in public, and its opposite, chillul Hashem, should the Jew not be willing to give up his life, apply only when there are at least ten Jews present (Sanhedrin 74b). Based on evidence within the Gemara, the consensus of halachic opinion is that the mitzvos of kiddush Hashem and chillul Hashem in public apply when there are ten Jews aware of the situation, even if they are not present at the time of the coercion (Shach, Yoreh Deah 157:4; Darchei Teshuvah 157:23; cf. Or Ne’elam, cited in Darchei Teshuvah). (There are other situations in which the mitzvah of kiddush Hashem and chillul Hashem apply, which we will leave for a different article.)

The prayers of a minyan

Similarly, we are aware that prayers recited together with a minyan accomplish more than when one prays by himself. To quote the Rambam: “The prayer of the community is always heard. Even when there are sinners among them, the Holy One, Blessed is He, does not despise the prayer of a group of people. Therefore, everyone is required to make himself part of the tzibur. One should not pray in private any time that one is able to pray with a community” (Hilchos Tefillah 8:1).

Number of minyan

How do we know that a minyan consists of ten people? Although the definition of a minyan as ten adult men is part of the oral Torah that Moshe received on Har Sinai, there are several Biblical and hermeneutic sources, in addition to the source from this week’s parsha that I cited above. For example, prior to Boaz arranging his betrothal of Rus, he gathered ten men (Rus 4:2). According to the Gemara (Kesubos 7a), this is the source that sheva brachos require a minyan.

Other Biblical sources for a minyan include the ten spies that the Torah refers to as an eidah,a community, which the Gemara (Megillah 21a) uses as a source for a minyan to be required for a davar she’bikedusha, such as for reciting kaddish or kedusha, repeating the shemoneh esrei (chazaras hashatz) and similar such communal prayer requirements.

Davar she’bikedusha

The Mishnah mentioned above requires a minyan for repeating shemoneh esrei. However, this presents a question. Since many halachic authorities rule that the requirement to pray daily is only rabbinic in origin, how can the laws of davar she’bikedusha, which are an aspect of this mitzvah, require a minyan min haTorah? This question is asked by the Ran, who explains that the requirement for davar she’bikedusha is certainly only rabbinic, and that each of the Biblical sources is only an allusion, what is called asmachta in halachic literature.

Haftarah

At this point, let us address our opening question: “I know that a child may recite the haftarah. Does this require a minyan?”

It is true that the haftarah may be read by a boy who is not yet bar mitzvah (Mishnah Megillah 24a), a topic beyond the scope of this article. Nevertheless, the Mishnah (Megillah 23b) requires a minyan of adult men for the haftarah to be read.

Disappearing minyan

What is the halacha if you begin your davar she’bikedusha with a proper minyan, but someone leaves, and you now have less than a minyan? For example, in the middle of the repetition of the shemoneh esrei, some men left, which they are not permitted to do, but, as a result, you no longer have ten men in attendance. Must you stop the communal prayers in mid-brocha?

This question is raised by the Talmud Yerushalmi, which answers that one may complete the section of prayer that was begun. The poskim conclude that this is true, provided one still has at least six adult men, which comprise the majority of a minyan (Shulchan Aruch, Orach Chayim 55:2).

Five and someone new

What is the halacha if you started chazaras hashatz with ten people, then five left, and subsequently one of the original ten who had left now returned, so that you have a majority of the original minyan, but, at one point, the minyan had been interrupted. Did the minyan effectively end when its number dwindled to only five, the return of an individual being unable to resuscitate it, or not?

In his notes on the Shulchan Aruch, Rabbi Akiva Eiger discusses this exact question, suggesting that once the minyan’s number had dwindled to five or less, the original minyan is considered to have dissipated, and adding people does not reconstitute it, unless one reestablishes a full minyan of ten. In conclusion, Rabbi Akiva Eiger leaves this matter as an unresolved halachic inquiry.

May not leave

Returning to our earlier question, notwithstanding that, if individuals leave so that the minyan has less than ten, one may complete the section at hand, the Yerushalmi states in no uncertain terms that these people may not leave, even for an extenuating reason. The Yerushalmi explains that the posuk in Yeshayahu (1:28), “Those who forsake Hashem will be consumed,” refers to those who walk out in the middle of the services, leaving less than a minyan behind.

This curse applies only if someone left them without a minyan. However, someone with an extenuating reason to leave shul will not receive this curse if there is a minyan without him (Rema, Orach Chayim 55:2). The Mishnah Berurah notes that, even under these circumstances, he is permitted to leave only if he has already heard kedusha and kaddish.

Already shorthanded

The Biur Halacha asks the following question: What is the law if one of the ten already left, and the minyan is proceeding shorthanded, as mentioned above, with only nine people, and one of the remaining people has an extenuating reason to leave? May he do so, notwithstanding the words of Yeshayahu, since they already are short of a full, proper minyan? The Biur Halacha leaves this question unresolved.

New section

The rishonim note that, although the Yerushalmi rules that one may continue the davening, even though the minyan is no longer intact, one may complete only the section of prayer that one has started, but one may not begin a new section of the davening. Of course, this ruling spawns a whole literature of halachic discussion: What is considered a different section?

The Terumas Hadeshen (#15) rules that if a minyan was assembled at the time that the chazzan recited borchu, they may complete through the birchos kerias shma, but may not proceed with anything requiring a minyan past that point. This means that should this happen at maariv, one is permitted to recite the half-kaddish that the chazzan says immediately prior to the shemoneh esrei, which is considered part of the birchos kerias shma section. However, one is not permitted to recite the full kaddish (kaddish tiskabeil) or any of the mourner’s kaddeishim at the end of davening.

If this should happen during shacharis, meaning that the minyan dissipates sometime between borchu and the beginning of the repetition of the shemoneh esrei, the chazzan cannot begin the chazaras hashatz, since that comprises a new section for which there is no requisite minyan. Since birchos kerias shma (between borchu and ga’alYisrael) and tefillah are two different mitzvos, they are treated as distinct prayer sections.

A new “section” has another halachic ramification. The Mishnah Berurah (55:12) explains that, if there are nine people, and a tenth person, who has davened already, joins them, so that they now have a minyan, he is required to stay until they complete the section, but he is not obligated to stay for a new section. Thus, should nine people be saying pesukei dezimra together and a tenth person joins them for kaddish and borchu, he is not required to remain with them once they said borchu, since chazaras hashatz is a different mitzvah. However, should he join them for chazaras hashatz, he may be required to remain with them until they complete the full kaddish at the end of davening.

By the way, pesukei dezimra is considered a section of its own and, therefore, if you had a minyan for part of pesukei dezimra that then dissipated, one may recite the kaddish before borchu, which is considered part of pesukei dezimra, but not borchu, which is part of a new section, that of the birchos kerias shma (see Aruch Hashulchan 55:7).

Started chazaras hashatz

What is the law should your minyan dissipate after the chazzan began the repetition of the shemoneh esrei?

The halacha is that one may complete the repetition of shemoneh esrei, recite the half kaddish said after tachanun (Levush, Orach Chayim 55:2) and also recite the full kaddish at the end of davening (Terumas Hadeshen #15; Levush, Orach Chayim 55:2). This is because the prayer beginning with the words tiskabeil tzelose’hon, accept our prayers, which is recited only as part of the full kaddish, refers back to the shemoneh esrei.

However, this shorthanded group may not take out a sefer Torah to read, which is a new mitzvah section, even though it is recited in the davening before the kaddish tiskabeil. The Terumas Hadeshen demonstrates that the full kaddish is part of the shemoneh esrei section, since, on Rosh Chodesh and Chol Hamo’ed, we recite full kaddish immediately after shacharis, rather than at the end of davening as we usually do. This is because on  Rosh Chodesh and Chol Hamo’ed there will yet be a musaf tefillah for which there is its own full kaddish.

Kerias haTorah

The Terumas Hadeshen explains that kerias haTorah is its own, independent section. Therefore, if the minyan dissipated during kerias haTorah, one can complete the required reading and recite the half kaddish that follows. If one was reading the Torah at mincha on Shabbos or a fast day and the minyan dissipated, he may complete the reading of the Torah and then recite the half-kaddish that precedes the quiet shemoneh esrei, but one may not continue with the chazaras hashatz. On a fast day, one would not be permitted to recite the haftarah (Aruch Hashulchan 55:8), since this is considered a separate section.

The Magen Avraham explains that, if the minyan dissipates during Shabbos morning davening, one should call up only seven people for their proper aliyos, but not add any extra aliyos, nor call up maftir.

One might ask: When you have less than ten people still attending your Shabbosminyan,” virtually everyone is getting an aliyah. Why would you want to add aliyos?

Here is a situation where you might want to. A family of kohanim or levi’im is celebrating a bar mitzvah and making their own minyan. The father of the bar mitzvah received the Kohen or Levi aliyah. The plan is for zeide to receive the acharon aliyah immediately before maftir, and the bar mitzvah bochur to receive maftir. In the middle of kerias haTorah, some people leave and they no longer have a minyan. What are they allowed to do?

The halacha is that they can complete the kerias haTorah and recite the half kaddish after the reading of the Torah, but they can call up only seven aliyos, excluding maftir. (What to do about the haftarah will be discussed in the next paragraph.) This would certainly mess up the family’s plans, since both the grandfather and the bar mitzvah bochur would be left without aliyos! Moral of the story: If you are invited to a bar mitzvah, don’t leave earlier than you should!

Torah and haftarah

Is reading the Torah and reading the haftarah considered the same section? The difference in halacha is in the following situation: Some time during the reading of the Torah, the minyan dissipates. As we have learned, one can complete the Torah reading and even recite the kaddish afterwards. The question is whether one may read the haftarah. The Magen Avraham (143:1) rules that one may complete the entire reading of the Torah, and implies that the seventh person (if it is Shabbos) should read the haftarah. The Elyah Rabbah disagrees, explaining that reading the Torah and reading the haftarah are two different mitzvos, created at different times for different reasons. The Mishnah Berurah and the Aruch Hashulchan both conclude like the Elyah Rabbah; the Mishnah Berurah does not even mention the opinion of the Magen Avraham, which is very unusual for him.

Ten for kaddish

At this point, let us examine the second of our opening questions: “We had a minyan when we began saying, but when we finished, we had less. Can I still say kaddish?”

This actual question is addressed by an early halachic authority, Rav Mordechai Yaffe, author of the multi-volume work called Levush Malchus. He rules that, even if they started Aleinu with a minyan and the minyan disappeared while they were reciting Aleinu, they may not recite kaddish (Levush, Orach Chayim 55:3). The beginning of this section is the actual reciting of kaddish. Thus, if they began kaddish with a minyan, and then the minyan disappeared, they may complete the kaddish (Shulchan Aruch, Orach Chayim 55:2).

Lost our minyan

At this point, we can discuss the last of our opening questions: “In the middle of the sheva brachos, we lost our minyan. What can we do?”

We first need to understand what is meant by, “in the middle of the sheva brachos?” The answer is that once someone recites the words, Boruch Attah Hashem Elokeinu…, of the first of the sheva brachos (shehakol bara lich’vodo), it is considered that the section called sheva brachos has begun, and all the sheva brachos, including borei pri hagafen, may be completed, even though the minyan has dissipated (Sova Semachos 4:36, quoted by Hanisuin Kehilchasam pg. 272, footnote 121, based on Aruch Hashulchan, Even Ha’ezer 62:13 and Pischei Teshuvah, Even Ha’ezer 62:14). However, if the minyan dissipated prior to the actual reciting of this brocha, they will be unable to recite the sheva brachos, even if they have already begun reciting birkas hamazon and said Dvei haseir and baruch Elokeinu at the beginning of bensching. In other words, birkas hamazon and sheva brachos are two different sections.

Conclusion

Understanding how much concern Chazal placed in the relatively minor aspects of davening should make us more aware of the fact that davening is our attempt at building a relationship with Hashem. As the Kuzari notes, every day should have three very high points — the three times that we daven. We should gain our strength and inspiration for the rest of the day from these three prayers.




Reciting Korbanos Daily

This week’s parsha discusses korbanos, the consecration of the Levi’im, and many other matters germane to the Mishkan.

Introduction

Between the recital of morning berachos and Boruch She’amar, which begins pesukei dezimra, is a section of the davening colloquially referred to as “korbanos,” since it includes many references to the various offerings brought in the Beis Hamikdash. The goal of this article is to provide an overview and some details about this part of the davening.

This section of the davening can be loosely divided into three sub-sections:

(1) Introductory recitations

In addition to a few prayers, this includes the recital of various passages of the Torah that have strong educational and moral benefit.

(2) Parshiyos hakorbanos

Recital of Torah passages regarding the offerings and other daily procedures in the Beis Hamikdash.

(3) Chazal regarding the korbanos

The recital of various statements of Chazal that pertain, either directly or indirectly, to the daily offerings.

Introductory recitations

After the recital of birkas haTorah and the other daily morning berochos, the Tur and the Shulchan Aruch both recommend the recital of different parts of the Torah as an introduction to the morning davening, including parshas haman, the passage about the manna falling, the story of akeidas Yitzchak and the aseres hadibros (Orach Chayim 1:5-9). These parts of the davening foster a stronger sense of faith in Hashem and a basic understanding of the purpose of our creation.

The early authorities recommend reciting parshas haman every morning to remember throughout the day that Hashem provides all of our parnasah (Beis Yosef, Orach Chayim Chapter 1; based on Yoma 76a).

Akeidas Yitzchak is recorded in most siddurim at this part of davening, although the majority of people do not recite it daily. Perhaps the justification of this practice lies in the fact that the Magen Avraham (1:7) records in the name of Rabbeinu Bachya (Commentary on Chumash, parshas Tzav, Vayikra 7:37) that it is insufficient to simply read the parshas akeidah; it must be studied well, something that most individuals cannot realistically do on a daily basis.

For some reason that I do not know nor have seen discussed, whereas most siddurim include parshas akeidah at this point of the davening, most do not include parshas haman here. Yet, the same sources — the Tur, the Shulchan Aruch and others — that record the importance of reciting parshas akeidah at this point of the davening mention also parshas haman. It appears that one early printed siddur began including parshas akeidah but, for whatever reason, did not include parshas haman, and the other, later printings imitated the earlier edition, something fairly common in publishing of seforim in general and of siddurim in particular.

Aseres hadibros

There is a major halachic difference between parshas haman and the akeidah, on the one hand, and the aseres hadibros on the other. In many congregations, parshas haman and the akeidah were recited together by the entire tzibur, whereas it was prohibited to recite the aseres hadibros as part of daily davening by the tzibur (Shu’t Harashba; Rema, Orach Chayim 1:5). The Gemara (Berochos 12a) prohibits this out of concern that those who do not accept authentic Judaism will claim that observing the aseres hadibros is sufficient, and it is not necessary to observe the rest of the Torah. As noted by later poskim, this concern has become much greater in today’s world than it was in earlier generations (Divrei Chamudos, Brochos 1:9; Magen Avraham 1:9). For this reason, the aseres hadibros are not printed in the siddur – since this would be equivalent to making them part of the daily prayer, which Chazal prohibited (ibid.).

Korbanospesukim

The Tur and the Shulchan Aruch both recommend reciting daily the pesukim that describe several of the morning offerings and procedures in the Beis Hamikdash. These are the Torah’s discussions about the various types of korbanos, including the processing of the terumas hadeshen (the ashes on the mizbei’ach), the tamid, olah, chatos, and ketores. It also includes discussion about the kiyor, the laver that was used many times a day by the kohanim to wash their hands and feet.

Why do we recite these passages? The Tur explains: “The recital of parshas hatamid was established on the basis of the midrash’s statement that, when there is no Beis Hamikdash, involvement in the recital of the korbanos is treated as if they were offered” (Tur Orach Chayim, Chapter 48). This important concept is based on the posuk in Hoshea (14:3) that states u’ne’shalmah parim sefaseinu, literally, our lips take the place of the bulls, which is understood by Chazal to mean that our lips, by reciting and studying the korbanos, function as a spiritual replacement for the korbanos (Yoma 86b).

Colloquially, this concept is often expressed by referring to the words of Hoshea: u’ne’shalmah parim sefaseinu. The Mishnah Berurah mentions that u’ne’shalmah parim sefaseinu means understanding the procedure – merely reciting the passages of the Torah by rote, without understanding what is being done, does not fulfill the concept.

In order to fulfill u’ne’shalmah parim sefaseinu, the early authorities cite a custom to recite a prayer after reading each of these sections of the Torah requesting, that the recital of the procedure just mentioned be accepted as if we had actually offered the korban. In many contemporary siddurim, these prayers have been moved from between the pesukim describing the offerings to between the mishnayos of the chapter of Eizehu Mekoman that explain the various korbanos. In some siddurim, you find these prayers in both places.

Standing and in public?

The acharonim disagree whether it is required to stand while reciting the parshas hatamid, the Sefer Olas Tamid and the Magen Avraham ruling that it is required, since all the stages in offering the korban tamid had to be performed while standing. (By the way, no one is ever permitted to sit in the azarah sections of the Beis Hamikdash, with the exception of a Jewish king who is descended from Dovid Hamelech [Yoma 25a et al].) However, most authorities conclude that the parshios hakorbanos may be recited while sitting – in other words, u’ne’shalmah parim sefaseinu does not require standing, notwithstanding that the korbanos, themselves, were required to be offered while standing (e.g., Elya Rabbah; Bechor Shor; Mor U’ketziyah; Shaarei Teshuvah). We see here a dispute to what extent we should treat the concept of u’ne’shalmah parim sefaseinu.

Reciting them together with the tzibur

Here is another issue in which the question is how far do we take the idea of u’ne’shalmah parim sefaseinu. Although there are some acharonim who contend that parshas hatamid should be said only together with the tzibur, since it is a public korban (Be’er Heiteiv, quoting Derech Chochmah), the consensus of poskim is that this is unnecessary.

Korbanos correspond to prayers

Another reason for the recital of korbanos results from the following Talmudic discussion. The Gemara (Berachos 26b) quotes what appears to be a dispute between early amora’im, Rabbi Yehoshua ben Levi and Rabbi Yosi berabbi Chanina, whether the three daily tefillos were each established by one of our forefathers, Avraham, Yitzchak and Yaakov, or whether they were established to correspond to the daily offerings. The Gemara’s conclusion is that both statements are true: the forefathers established the daily prayers, but, subsequently, Chazal instituted that these prayers should correspond to the korbanos. Because of this last consideration, the times of the daily prayers are linked to the times that the korbanos were offered. Therefore, we read the story of the akeidah, which emphasizes the role of Avraham and Yitzchak in our prayers, and we also study the pesukim about the different korbanos, to strengthen and highlight the relationship between the korbanos and our prayers.

Chazal regarding the korbanos

At this point, we will explore the third subsection of these introductory prayers, which I called above, “Chazal regarding the korbanos.” Many early authorities(Tur, Rema) recommend beginning the next subsection of the morning davening by reciting the following passage of Gemara (Yoma 33a), which presents the choreographed order of the morning service in the Beis Hamikdash: “Abayei presented the order in which the service was performed in the Beis Hamikdash according to the accepted tradition, following the opinion of Abba Shaul:

Tidying the large pyre on the (main) mizbei’ach (altar) precedes tidying the secondary pyre that was used to burn the ketores (incense).

Tidying the secondary pyre precedes placing the two planks of wood on the mizbei’ach. Placing the two planks of wood precedes removing the ashes from the inner mizbei’ach.

Removing these ashes precedes cleaning five lamps of the menorah.

Cleaning these five lamps precedes processing and offering the blood of the morning korban tamid.

This precedes cleaning the remaining two lamps of the menorah.

Cleaning these two lamps precedes offering the ketores.

This, in turn, precedes offering the limbs of the morning korban tamid.

Offering of the limbs precedes the meal offering (that accompanies the morning korban tamid). The meal offering precedes the chavitin (a grain korban offered daily by the kohein gadol).

The chavitin precede the wine offering (that accompanied the morning korban tamid).

The wine offering precedes the musaf offerings (of Shabbos, Rosh Chodesh, or Yom Tov). The musaf offerings precede the spoons of levonah (frankincense offered on Shabbos, to permit the consumption of the lechem hapanim, the showbread).

The offering of the spoons of levonah precedes the afternoon korban tamid (Yoma 33a).

The Tur (Orach Chayim 48) then cites a prayer to be said after this passage of Gemara is recited, similar to that mentioned after the pesukim of each korban.

Subsequently, the Tur asks, “What should someone do if he wants to recite this prayer [i.e., the request that the recital of the procedure should be accepted in place of the actual korban], but he davens in a shul where the tzibur does not say it?” It appears that the Tur is bothered by the following problem: U’ne’shalmah parim sefaseinu is considered equivalent to actually offering the korbanos. If this is true, it is forbidden to recite parshas hatamid twice in the same morning [i.e., once privately, to be able to recite the special prayer, and once with the tzibur], because it is considered as if you offered the morning korban tamid twice, which is a violation of halacha (see Beis Yosef). Furthermore, reciting this prayer after the communal recitation of  the parshas hatamid omitted this prayer is inappropriate – he should not do something obviously different from what the community does.

The Tur answers that, in this situation, the person should say parshas hatamid by himself before the tzibur begins davening, and, at that time, recite the prayer requesting the acceptance of these korbanos. He should then recite parshas hatamid again together with the tzibur, since a person should not refrain from joining the tzibur. However, when he recites it together with the tzibur, he should consider it as if he is reading the Torah and not fulfilling the concept of u’ne’shalmah parim sefaseinu. This way he will avoid the concern that the second recitation of the parshas hatamid could be the equivalent of offering the korban tamid twice in the same morning.

No Abayei according to Abba Shaul

Notwithstanding that both the Tur and the Rema record reciting the statement of Abayei, this is not printed in all siddurim. Why not?

Abayei began his statement by noting that he was following the opinion of Abba Shaul. Earlier in mesechta Yoma (14b), the Gemara recorded a dispute between the Sages and Abba Shaul. According to the Sages, the beginning of the order should be as follows: organizing the main pyre of ashes, then the secondary pyre, adding the two planks to the fire, removing the ashes, offering the blood of the morning tamid, cleaning five lamps of the menorah, offering the ketores, and then cleaning the remaining two lamps. In other words, both the Sages and Abba Shaul agree that the cleaning of the menorah is interrupted by another avodah, after completing the first five lights and before cleaning the last two. The dispute between them is whether the processing of the tamid is begun before the cleaning of the menorah, or in the middle, as the interruption, and whether the offering of the ketores is inserted or is performed after the cleaning of the menorah is complete. Abayei’s statement follows Abba Shaul. Those who do recite this statement assume that, since Abayei quoted this statement, he rules like the minority opinion of Abba Shaul, in this instance, and that is the halachic conclusion (Beis Yosef).

However, the Rambam (Hilchos Temidim Umusafim 6:1, 3) and the Semag (Positive Mitzvah #192) both rule according to the Sages, the majority opinion, which means that they do not accept Abayei’s testimonial as halachic conclusion. Since Abayei’s statement is not according to the halachic conclusion, it is inappropriate to recite this statement as part of davening (see Beis Yosef). Thus, according to the Rambam and the Semag, one should not recite this passage as part of daily korbanos, whereas, according to the Tur and the Rema, one should. Whether we rule according to Abba Shaul or according to the Sages is an issue that will require the Sanhedrin to resolve, when we are ready to begin offering korbanos again, bim’heirah veyameinu.

Eizehu Mekoman

The next part of the morning prayers is Eizehu Mekoman, which is the fifth chapter of Mishnayos Zevachim. The primary reason why this is recited is in order to make sure that every man studies Mishnah every day, in fulfillment of the dictum of Chazal that a person should make sure to study every day some Mikra, some Mishnah and some Gemara (see Kiddushin 30a; Avodah Zarah 19b, as explained by Tur, Orach Chayim Chapter 50). There is no necessity to add more pesukim to make sure that someone studies some Mikra every day since, in the course of our davening, we recite many passages of Tanach, so Mikra is recited daily. But to make sure that everyone studies Mishnah every day, we recite Eizehu Mekoman.

This chapter was chosen as the representative of Mishnah for several reasons: First, there is no overt dispute in the entire chapter. In other words, although there are statements in this Mishnah about which various tanna’im disagree, no disputing opinions are mentioned. Thus, this chapter is purely Mishnah in the sense that it is completely halacha pesukah, accepted as halachic conclusion (Baruch She’amar; see Rambam, Hilchos Talmud Torah 1:11).

A second reason why this chapter was chosen as the representative of Mishnah is because it discusses the laws of the korbanos, making it very appropriate to be recited before davening.

Yet a third reason why this chapter of Mishnah was chosen is because it appears to be very old, dating back to the era of the first Beis Hamikdash. This is based on the fact that it refers to Bein Habadim¸which did not exist in the second Beis Hamikdash nor in the last years of the first Beis Hamikdash. The badim (the poles of the aron) were required to always be attached to the aron hakodesh, and Yoshiyahu Hamelech hid the aron so that they would not be captured by the Babylonians when the first Beis Hamikdash was destroyed.

Rabbi Yishmael says

I mentioned above the statement of the Gemara that a man is required to study some Gemara every day. According to the Rambam (Hilchos Talmud Torah 1:11), Gemara means understanding and analyzing the meaning and reason behind the laws. To fulfill the daily study of Gemara, the recital of the passage beginning with the words, “Rabbi Yishmael says” was introduced into the daily davening. This passage is the introduction to the midrash halacha called the Sifra or the Toras Kohanim (these are two names for the same work), which is the halachic midrash on the book of Vayikra.

The Sifra is an unusual work among the midrashim of Chazal in that it is completely halacha. (Although Mechilta and Sifrei are both halachic midrashim, they contain substantive parts of agadah, non-halachic material.) The Malbim wrote two different magnum opus works on the Sifra. He intended to write an extensive commentary to explain how Chazal’s method of deriving the halachos in Vayikra is based on a very meticulous understanding of the pesukim. However, after he wrote the commentary on only two pesukim, he writes that he realized that a commentary of this nature would become completely unwieldly – it would be an encyclopedia, rather than a commentary; too long and tedious for anyone to read. Instead, he wrote a different lengthy essay, which he called Ayeles Hashachar, explaining all the principles involved in explaining the pesukim correctly. Then, throughout the rest of his commentary to the Sifra, he refers the reader to the place in Ayeles Hashachar in which he explained the principle or principles involved in explaining the particular passage of Sifra. In Ayeles Hashachar, the Malbim concludes that there are 613 principles involved to derive the correct halachic interpretation of the pesukim.

Although a regular student of the Gemara will be very familiar with many of the rules that Rabbi Yishmael shares with us, a few of these rules are rarely encountered. An in-depth explanation of the beraysa of Rabbi Yishmael is beyond the scope of  this article. Perhaps I will devote an entire future article to explaining Rabbi Yishmael’s thirteen principles. Those interested in more detailed explanations of these principles and examples are referred to the commentary of Rav Hirsch on the siddur.

Conclusion

The purpose of many of our korbanos is to assist us in our teshuvah process.The Gemara states: “Come and see, how different are the qualities of The Holy One, Blessed be He, from mortal man. Someone who offends his friend is uncertain whether his friend will forgive him. And, even if he is fortunate that his friend forgives him, he does not know how much it will cost to appease his friend. However, in reference to The Holy One, Blessed is He – should a man sin against Him in private, all the sinner needs to do is to beg Him for forgiveness, as the posuk says, Take with you words and return to Hashem (Hoshea 14:3).

Furthermore, the Gemara states, “Teshuvah is so great that because of one individual who does teshuvah, the entire world is forgiven, as the Torah says, with their teshuvah I will heal them… because My anger against them is retracted. Note that the posuk does not state, “My anger is retracted “against him,” but against them” (Yoma 86b) – all of them.




Do Clothes Make the Man?

Photo by sundeip arora from FreeImages

Question #1: Robes?

“May I daven wearing a robe?”

Question #2: Tied Up

“Must I wear a necktie when I daven?”

“Is there a halachic basis for wearing a gartel?”

Question #3: Belted?

Answer:

Since the beginning of parshas Tolados discusses how Yitzchak and Rivkah davened for children, it provides an opportunity to discuss the laws of proper attire for prayer.

The Rambam lists five essential requirements for prayer and eight non-essential ones. An essential requirement is one that, if it cannot be fulfilled, one may not daven, even if this means that one will miss davening as a result. A non-essential requirement is that, if it cannot be fulfilled, one may and should daven anyway.

One of the non-essential requirements is to be attired properly when davening (Rambam, Hilchos Tefillah 5:5). A passage of Gemara (Shabbos 10a) that teaches this lesson quotes the verse, Hikon likras Elokecha Yisroel, Prepare to meet your G-d, Yisroel” (Amos 4:12), as a source for this law. As an example, the Gemara mentions that Rabbah, the son of Rav Huna, would put on fine boots before he prayed (Rashi). The Bach (Orach Chayim 91) notes that this implies that Rabbah usually wore simpler footgear. Rabbah knew that were he to meet dignitaries, he would not wear his usual, simpler footwear, and, therefore, wearing it in the presence of the King when he is davening would also be inappropriate. In a similar vein, a different passage of Gemara (Brochos 30b) records that Rav Yehudah would put on nice clothes before he davened. Since the Gemara cites the pasuk in Amos as a source for the requirement of dressing appropriately when one davens, this concept is sometimes referred to with the word of this pasuk, hikon.

Like a servant

The Gemara in Shabbos cited above also mentions another factor to determine how one dresses when davening — one should not overdress for tefillah. For example, Rav would remove his outer garment and fold his hands over his chest before he davened, explaining that one should daven as a servant appears before his master. (Apparently, the overgarment was not a dress jacket as we are familiar with, but something very fancy, perhaps similar to the gold-embroidered glima that the Rishon Letzion wears.)

Other amora’im decided what was considered overdressed, in accordance with the situation of the world at large. Rav Ashi reported that Rav Kahana prepared himself for prayer depending on whether matters in the world were “at peace” or not: “When there were difficulties in the world, he would throw off his outer garment and clasp his hands over his heart as a servant stands to beg from his master. When there was peace in the world, he would dress in fine clothes and pray.”

The Bach (Orach Chayim 91) explains that, although we see that some of the amora’im did not wear their fanciest garments when they davened, they certainly dressed with appropriate clothing.

Weekdays versus Shabbos

The Aruch Hashulchan (Orach Chayim 91:2) notes that, in his day, there were those who did not wear the fancy outer garment for davening on weekdays, since the world was in a time of difficulty, but that they did wear it on Shabbos and Yom Tov. On these holy days, one should not even allude to difficulties, since doing so spoils the atmosphere and sanctity of the day.

Special clothes

At this point, we could ask a question: Since we realize that one should dress for davening as if he is standing before the King, should one not purchase special garments to be worn only when he davens? Someone honored with an audience before a human king would certainly acquire special garments for the occasion!

The point is well taken, and, indeed, the Shulchan Aruch (Orach Chayim 98:4) mentions a practice of special garments that are worn only for tefillah. It is worthwhile to quote him verbatim: “It is appropriate to have nice-looking garments designated for prayer, similar to the kohanim’s special garments. However, not every man can afford this expense.” Thus, his conclusion is that it is a nice idea to have special garments for davening, but it is not always possible for everyone.

All prayers?

Do the rules of hikon apply to all of our prayers?

One would think that, since in all our prayers and blessings we are talking directly to Hashem, we should fulfill the mitzvah of hikon whenever we recite any prayers, blessings or, perhaps, even while reciting Tehillim. However, the authorities prove from the Gemara that this is not halachically required.

The Mishnah (Shabbos 9b) states that if someone began eating a meal without having yet davened mincha, he is not required to interrupt his meal to daven (assuming that there will be sufficient time to daven afterwards). The Gemara asks, “At what point is it considered that he began his meal such that he is not required to interrupt it?” The Gemara answers that, once he unfastened his belt in order to be able to eat comfortably, it is considered that he began the meal, and he may delay davening until he completes eating. In this discussion, the Gemara mentions that hikon requires that one daven with a fastened belt. Yet, since he opens his belt in order to eat comfortably, we see that the brochos before eating were recited with an open belt, notwithstanding that this is considered inappropriate attire for davening. Thus, a distinction is made between davening, which requires a higher level of attire, and brochos, which do not (Beis Yosef, Orach Chayim Chapter 91). When davening shemoneh esrei one must stand as if one is in the presence of the King (Aruch Hashulchan, Orach Chayim 91:1; Mishnah Berurah 74:24). Although we are always in His presence, we are not required to dress in such a proper way when reciting other prayers and blessings.

Belts

Based on this discussion, the early authorities discuss whether one is required to wear a belt and a hat while davening. The Shulchan Aruch (Orach Chayim 91:1) explains that one should wear a nicer belt, which he calls an eizor, when davening. This is the source for those who put on a gartel, a special belt, prior to davening. The Magen Avraham qualifies this ruling of the Shulchan Aruch, contending that one who does not usually wear a belt is not required to put one on in order to daven. Someone who usually wears a belt as part of his clothing is required to have his belt on and closed when he davens. The Mishnah Berurah (91:4) cites the approach of the Magen Avraham as the normative halacha, but he adds that it is, nevertheless, considered exemplary conduct to put on a belt when davening, even if someone does not usually wear one.

Head covering

Is one required to wear a hat when davening?

The Rambam (Hilchos Tefillah 5:5), followed by the Shulchan Aruch (Orach Chayim 91:5), mention that Torah scholars and their disciples should have a full head covering when they daven. To quote the Rambam: “All chachamim and their disciples are careful not to pray without their head atufim,” a word meaning that their heads are covered in a respectful way. The Aruch Hashulchan (Orach Chayim 91:6) writes that, in his country, one may not daven without a hat, since no one walked in the street without one. It would seem that he would agree that in a place where it is common for people to walk in the street without a hat that one may daven wearing only a yarmulke or similar head covering.

Review

Thus, we have a general direction for appropriate davening attire. One should dress as one would be attired when meeting someone prominent. If times are peaceful, one should even consider “dressing up” for the davening; but when times aredifficult, one should dress appropriately, but not fancily. At this point, let us examine some specific halachic questions about proper attire.

Barefoot

Based on halachic sources, the rishonim discuss whether one may daven barefoot. Their conclusion is that one may not pray barefoot, except on Tisha B’Av and Yom Kippur (Tosafos, Shabbos op. cit.). The Bach adds that people should not daven wearing footwear that leaves their ankles exposed. One could argue that this depends on what is considered appropriate footwear in the place where you are living. This is based on a statement of the Aruch Hashulchan that if people do not wear respectable footgear, or walk barefoot in the place where you are, you are not required to don nice footgear in order to daven, but one should still not daven barefoot, even when that is common in your location (Aruch Hashulchan, Orach Chayim 91:5).

Work Clothes

May one daven midday and midweek in the rough clothes required for the work that one does to earn a living?

Rav Shlomoh Zalman Auerbach discusses a person who works wearing shorts or other garments that one would not wear when visiting a respected individual. He rules that one should not daven this way (Halichos Shlomoh, Tefillah 2:15).

One can actually find a Talmudic source for this ruling. In a different context, the Gemara (Shabbos 114a) states that one should not serve one’s master his meal while wearing the same clothes used while cooking his meals. The clothes used to cook are presumably food-stained and sweaty; a respected master expects to be served by a waiter or servant wearing clean and smart-looking clothes.

Pajamas and robes

May one daven wearing pajamas, bathrobes or similar attire?

Since it is inappropriate to appear in front of respected people wearing pajamas, one should not daven that way either. I note that in one contemporary source, I saw that he ruled that someone who is ill may daven wearing pajamas (Tefillah Kehilchasah Chapter 7, footnote 78). Personally, I would suggest putting on nicer clothing on top of the pajamas in order to daven, if not too ill or weak to do so.

As far as davening while wearing a robe, it would appear that this depends on the type of robe in question. If it is a bathrobe that you would only wear in the house, you should not daven attired this way (Aruch Hashulchan, Orach Chayim 91:6). However, I see no problem davening while wearing a smoking jacket or a fancy robe.

Short sleeves

Is a man permitted to daven wearing a short-sleeved shirt and no jacket over it?

I was once asked this question, when I was on a visit to the Miami area. I answered that this depends on whether an attorney would enter a courtroom dressed this way. At the time, I was told that in Dade County (where Miami is located), it is acceptable for an attorney to represent a client in court without wearing a jacket.

Subsequently, I found that this question is disputed by some late authorities. Rav Ovadyah Hadaya, in his Shu”t Yaskil Avdi, ruled that one may not daven wearing short sleeves, since this is not considered a respectable way to dress when meeting dignitaries. However, Rav Ovadya Yosef disagreed, ruling that one may daven this way (Shu”t Yechaveh Daas 4:8).

Winter clothes

May one daven wearing winter clothes, which you would not usually wear in the presence of a respected person?

One may wear these garments when it is cold, since one would greet a respected person outdoors dressed this way (see Halichos Shlomoh, Tefillah 2:18).

Gloves

May one daven wearing gloves?

The Bach writes that one should not daven while wearing gloves.  However, Rav Shlomoh Zalman Auerbach explained that the Bach was referring to work gloves, since one would not greet a respected person without taking them off. If it is cold where you are, you may daven wearing winter gloves, since you would also greet a respected person this way (see Mishnah Berurah 91:12 and Halichos Shlomoh, Tefillah 2:18, ftn 29).

Neckties

Is a man required to wear a necktie when he davens?

According to what we have seen, the rule is that the attire for davening should be the way people dress in your location when visiting a respected individual. If, in your place, this would not be done without wearing a necktie, one should wear one when davening. If this is not expected where you are, it is not required.

Dirty clothes

There are also early sources that imply that one’s clothes must be reasonably clean when one davens (Darchei Moshe, Orach Chayim 53:10; Rema, Orach Chayim 53:25). This is certainly a problem if the clothes have an objectionable odor.

One of the examples mentioned by the early halachic authorities is an interesting situation. In a certain town, the chazzan, who apparently led services during the week as well as on Shabbos, also worked as the town shocheit, a very common practice in earlier times. (There is even a term used for this position, a shovshatz, which stands for shocheit ubodeik, sheliach tzibur, referring to all the roles in which this individual served the community.)

In this particular town, the shocheit apparently had the habit of showing up to mincha and maariv wearing the same clothes he had worn to shecht earlier that day. The people complained both about the physical appearance of his clothing and the odor that emanated from them. The Kolbo, a rishon, ruled that the shovshatz should be advised to change his clothes to cleaner ones before he arrives in shul to lead the services. If, after being warned to do so, he ignores the admonition, this provides grounds for dismissal (quoted in Darchei Moshe, Orach Chayim 53:10).

Wearing clothes respectfully

Not only should one wear respectable clothes when davening, but one should be careful to wear them in the proper way. For example, Rav Shlomoh Zalman Auerbach rules that someone should not daven with a jacket draped over his shoulders, since one does not speak to prominent people attired in that fashion (Halichos Shlomoh, Tefillah 2:15).

Hands over heart

Proper davening requires more than just proper clothing. When the Rambam (Hilchos Tefillah 5:4) discusses these laws, he adds the following: “He should place his hands folded right over left on top of his heart and stand like a servant in front of his master in awe, fear and trepidation. He certainly should not place his hands on his hips because this appears haughty.” While davening, one should cast his eyes downward and think of the Might of Hashem and the lowliness of man. One should think: “How can I, poor and despised, come to approach the King of Kings?” (Aruch Hashulchan, Orach Chayim 95:5).

Right over left

The Shulchan Aruch quotes the Rambam’s statement that the right hand should be bent over the left hand and both on his heart. Although the Rambam mentions placing one’s right hand over one’s left, there does not appear to be a Talmudic source for this. The Darchei Moshe (Orach Chayim 95) explains that there is a kabbalistic reason for this practice, in that it alludes to the midas harachamim, symbolized by the right hand, being stronger than the midas hadin, symbolized by the left. Some authorities add that one should have one’s right thumb inside his left hand or a similar position whereby the fingers are coiled inside one another. Later authorities note that this particular position should be assumed only when it is a time of difficulty (Graz, Orach Chayim 91:6; Aruch Hashulchan, Orach Chayim 91:7).

The Magen Avraham (95:2) comments that the hands over the heart and related positioning depend on how servants stand to supplicate in a particular place. Therefore, the Mishnah Berurah concludes that one should stand in the position that, in your location, a servant would assume when beseeching his master.

Versus tefillah betzibur

What is the halacha if changing into appropriate clothes for tefillah will cause him to miss davening together with the tzibur? Which takes priority, the mitzvah of hikon or tefillah betzibur?

If he can find a later minyan with which to daven, he should wait until he has a chance to change. However, if he will not be able to daven with a later minyan, the mitzvah of hikon does not override the mitzvah of davening with a minyan (Halichos Shlomoh, Tefillah 2:15).

Conclusion

The power of tefillah is very great. Man was created by Hashem as the only creation that has free choice. Therefore, our serving Hashem and our davening is unique in the entire spectrum of creation. Remember that we are actually speaking to Hashem, and that we are trying to build a relationship with Him. Through tefillah, one can save lives, bring people closer to Hashem, and overturn harsh decrees. We are required to believe in this power. One should not think, “Who am I to daven to Hashem?” Rather, we must reinforce the concept that Hashem wants our tefillos, and He listens to them!

The Kuzari notes that every day should have three, very high points — the three times that we daven. We should gain our strength and inspiration for the rest of the day from these three prayers. When we recognize that tefillah is so valuable, we must certainly realize that it must be treated as a special time, and our attire when we daven should reflect this. Let us hope that Hashem will accept our tefillos together with those of Klal Yisroel!




When does Mincha Start?

Question #1: Why Mincha?

If the word mincha means a “gift” or sometimes, more particularly, “an offering made from flour,” why does this word refer exclusively to our afternoon prayer, rather than to any of our other prayers?”

Question #2: When Mincha?

“When is the optimal time to daven mincha?”

Question #3: What Mincha?

“What do the words mincha ketanah and mincha gedolah mean?”

Introduction

The Gemara in Brachos that I will cite shortly quotes a posuk from this week’s parsha as the source for our daily mincha prayer, providing an opportunity to discuss some of the laws concerning when one may begin davening mincha.

Why mincha?

But first, why do we call the prayer mincha? As our questioner noted, the word mincha means a gift, and the Torah uses the term mincha to refer to a grain offering, which could be offered at any time of the day. Some mincha offerings were voluntary, whereas others were required. Some were private offerings, such as the forty loaves that accompanied the korban todah, the thanksgiving offering. Others were korbanos tzibur, public offerings, such as the lechem hapanim that graced the shulchan in the Beis Hamikdash, the korban omer offered on the second day of Pesach,and the special shtei halechem that were offered on Shavuos.

Assuming that our daily afternoon prayer corresponds to the afternoon korban offered in the Beis Hamikdash (as we will soon discuss), that offering is called tamid shel bein ha’arbayim, the offering brought every afternoon. The term bein ha’arbayim means the afternoon, since it is after the sun begins its daily descent and beforesundown. The korban tamid was offered twice a day, in the morning, shacharis, and in the afternoon, bein ha’arbayim. Thus, since our morning prayer is called shacharis, shouldn’t we call the afternoon one bein ha’arbayim? And, even assuming that the prayer is called mincha because the tamid shel bein ha’arbayim was accompanied by a mincha offering, the morning tamid, also, was accompanied by a mincha offering, yet its corresponding prayer is called shacharis.

As you would imagine, I am not the first one to pose this question; about 800 years ago, it was raised by Tosafos (Pesachim 107a, s.v. Samuch), who provides two answers. Tosafos suggests that since korbanos mincha accompanied the two daily korbanos tamid, and the morning one is called shacharis, the afternoon korban was called mincha. Perhaps calling the afternoon prayer bein ha’arbayim was considered too unwieldy.

Tosafos presents a second approach, which is based on a Talmudic passage that refers to the prayer of Eliyahu on Mount Carmel as mincha. To quote the Gemara, “A person should always be careful concerning the mincha prayer, since Eliyahu was answered only with the mincha prayer” (Brachos 6b). Tosafos notes that Eliyahu prayed while the afternoon korban mincha was offered (see Melachim I 18:36), and therefore, the association of a successful prayer with the korban mincha was established– and the name stuck! Brachos

A different rishon, the Avudraham, suggests a third approach, which is based on the fact that Adam Harishon sinned in the afternoon – the same time of the day when we would be praying the mincha service. The Torah describes that Adam sinned leruach hayom, which Targum Onkelos calls manach yoma, the same word as mincha!

Thus, whereas according to both of Tosafos’ approaches the term mincha used for the afternoon prayer is borrowed from a different context, in Avudraham’s understanding, the word mincha does mean the afternoon.

Having answered the first of our opening questions, let us now begin an introduction that is needed to explain and answer the second question. “When is the optimal time to daven Mincha?”

Prayer origin

The Gemara (Brachos 26b) reports a dispute between amora’im regarding the origin of our three daily tefillos. Rabbi Yehoshua ben Levi ruled that tefillos were established to commemorate the daily korbanos offered in the Beis Hamikdash, whereas Rabbi Yosi ben Rabbi Chanina contended that they were established by the Avos. Specifically, Avraham Avinu established shacharis, Yitzchok Avinu created mincha, and Yaakov Avinu instituted maariv, each of which the Gemara derives from pesukim.

The Gemara then demonstrates that both Rabbi Yehoshua ben Levi’s approach and that of Rabbi Yosi ben Rabbi Chanina date back to the time of the tanna’im, and it concludes that both opinions are correct – the tefillos were established by our forefathers and, at the same time, our observance also includes a commemoration of the daily korbanos. This is evidenced by the halachic requirement to recite these tefillos at the times appropriate for offering their corresponding korbanos. In other words, the times governing when each tefillah should be recited match the time that the corresponding korbanos were offered in the Beis Hamikdash, and, before it was built, in the Mishkan.

Prayer deadline

The Mishnah (Brachos 26a) discusses the latest time that one may daven the various prayers, citing a dispute regarding the latest time for shacharis, the tanna kamma holding at midday and Rabbi Yehudah holding at one third of the day, two hours before midday. (This is the conclusion of the Gemara on 27a; the Gemara also concludes there that we paskin like Rabbi Yehudah.) Similarly, the Mishnah (Brachos 26a) cites a dispute as to the latest time that one can daven mincha.

However, the Mishnah does not mention when one may begin davening mincha. Instead, a beraisa quoted by the Gemara (26b) shares the following, seemingly incomplete, information: “When is mincha gedolah? After six and a half hours. And when is mincha ketanah? After nine and a half hours.” The Gemara does not explain what halachic significance these two terms, mincha gedolah and mincha ketanah, have. From the context, it appears that each of these two terms refers to a time in the day, but from what point are we measuring 6½ hours and 9½ hours, and how long is the hour we are using in our measure? And, what halachic ramifications do these two times have?

Different hours!

Whereas our contemporary clock uses hours that are all exactly sixty minutes long, and each minute is also of the same, exact duration, this method of calculating time, although extremely accurate from one perspective, does not take into consideration the major event that defines our day – the path of the sun around the earth, or the earth around the sun.

As we all well know, the length of time of daylight varies greatly throughout the year, and sunrise and sunset always vary slightly from one day to the next. Chazal use a calculation of time that involves dividing the daylight hours into 12 equal units. These hours, which vary in length from day to day, are called sha’os zemaniyos (singular, sha’ah zemanis). As we will soon mention, there are different opinions whether we calculate this from halachic dawn, called alos hashachar, until nightfall (tzeis hakochavim, when the stars are visible) or from sunrise to sunset. For our purposes, let us assume that we consider sunrise to be the beginning, or “zero-hour” of our day, and sunset as the end of the twelfth hour. We now divide our day into twelve equal hours, but the length of each hour will vary throughout the year.

When is noon?

Calculating this way, the end of the sixth hour is always exactly midday, the point in the day when the sun is at its highest point and closest to being directly overhead. (In reality, the sun is never directly overhead, unless one is located somewhere near the equator, between the two tropics. North of the tropics, the sun is always in the southern half of the sky, rather than directly overhead.) This time of the day is sometimes called “high noon,” which is the time of the day when the sun creates no shadow, and halacha calls it chatzos.

We should be careful not to confuse this with 12:00 noon on our clock. Twelve o’clock is rarely the actual time of chatzos; this is primarily because the creation of time zones caused the time on our clocks to diverge from the sun’s time. Standardized time zones were not formulated until the invention and common use of the railroad. Until that time, each city created its own time, based on sunrise and sunset in that city, and noon and high noon were identical. However, this system proved difficult to use when trains arrived on a schedule from a different city, where sunrise was earlier or later on a given day. In order that people could anticipate when the trains would arrive in their town, they created a system whereby people in different places would keep the same clock.

Mincha gedolah

Returning to the passage of Gemara in Brachos, the question is why the beraisa is telling us about two points of the day, called mincha ketanah and mincha gedolah.

The Rambam appears to have understood the beraisa to be explaining when is the earliest time to daven mincha, but provides two times. One, mincha gedolah, is the earliest possible time, whereas the other is the preferred time. In other words, the earliest time to daven mincha is at 6½ hours, although it is preferred for someone to wait until 9½ hours to daven mincha. This is because it is ideal to daven mincha later in the day and closer to sunset.

Other rishonim appear to have understood this passage somewhat differently from the Rambam (see Beis Yosef, Orach Chayim 233, citing Rosh and Tur), although there is not a significant difference in halacha between the two approaches. The Aruch Hashulchan explains that, even according to the Rambam, waiting until mincha ketanah to daven is not required, but only preferred. If there is a reason to daven at mincha gedolah, such as if one would like to begin a seudah, one may. Certainly, the exigencies of travel or employment allow one to daven at mincha gedolah, even according to the Rambam.

Clocking minutes?

When, on my clock, have we reached mincha gedolah? Assuming that I know when chatzos is, do I add thirty minutes to determine when is mincha gedolah? Or must I know exactly how long each sha’ah zemanis is today and add half of that to chatzos, which will make mincha gedolah either somewhat earlier or somewhat later than it is according to the 30-minute method, depending on the part of the year?

The Rema (Orach Chayim 233:1) rules that we use the calculation of sha’os zemaniyos. Notwithstanding that the Mishnah Berurah (233:4) accepts this conclusion, in his own notes on his rulings (Shaar Hatziyun), he queries that perhaps this should be determined by thirty clock minutes. Why?

As we mentioned above, the time for each prayer is based on a corresponding korban in the Beis Hamikdash. In the case of tefillas mincha, the corresponding korban could have been offered immediately after chatzos (see Mishnah Pesachim 61a). We wait an additional half hour to make sure that no one errs and offers it too early. Since the extra half hour is to make sure that a person does not miscalculate, perhaps its time should be thirty minutes, not dependent on whether the day is longer or shorter (see Rashi, Pesachim 93b). Should the hedge factor to avoid error vary according to season?

Therefore, the Mishnah Berurah implies he is uncertain whether this half hour should be zemanis or not. Because of this, the minhag in Yerushalayim, for example, is to bestringent in both directions. In winter months, when a sha’ah zemanis is less than an hour, the practice is not to daven mincha until thirty minutes after chatzos. In the summer months, when a sha’ah zemanis is greater than an hour, mincha gedolah is calculated on the basis of 6½ sha’os zemaniyos.

Davened earlier

What is the halacha if someone davened mincha between halachic midday and mincha gedolah, which is too early to daven? Must he daven again?

Based on the words of the Rambam and the Shulchan Aruch, the Magen Avraham concludes that he has not fulfilled the mitzvah and is required to daven again.

Rashi implies that he agrees with this position, when, in his comments explaining this beraisa in Brachos 26b, he writes: “If one would like to offer the afternoon tamid earlier than mincha gedolah, he may not, since the Torah says bein ha’arbayim, which means when there begin to be evening shadows, because the sun is now inclining to the western part of the sky. This is after 6½, since between 5½ and 6½, the sun is directly overhead.”

This leads to the following question: The Mishnah (Pesachim 61a) states that the korban Pesach cannot be offered before noon, but implies that, if offered immediately after halachic noon, it is kosher. Yet, the time for both the daily afternoon tamid and the korban Pesach is expressed in the Torah by the same term, bein ha’arbayim. Thus, if the korban Pesach is kosher when offered at halachic midday, a korban tamid offered at midday should also be kosher. Therefore, the daily mincha prayer, which corresponds to the afternoon tamid, should be “kosher” when prayed at midday – in other words, it should fulfill the mitzvah, at least bedei’evid (Pri Megadim).

Although there are approaches to resolve this question, the Pri Chodosh and other acharonim dispute the conclusion of the Magen Avraham, concluding that someone who davened mincha after chatzos but before mincha gedolah fulfilled the requirement and does not daven mincha again (Pri Megadim, Mishbetzos Zahav 232:1 and 233; Aruch Hachulchan; Mishnah Berurah 233:2, quoting Beis Yaakov and Magen Giborim).

Tashlumim

There is a halachic rule that someone who missed one of the daily prayers should make it up during the next tefillah slot by reciting a second shemoneh esrei, immediately after davening the correct, appropriate prayer. For example, if someone missed mincha, then, immediately after reciting shemoneh esrei of maariv, he should recite a second shemoneh esrei, to make up the missed mincha. This replacement prayer is called tefillas tashlumim.

The following question is germane to someone who davened mincha too early; that is, he davened after chatzos and before mincha gedolah, in which case, according to the Magen Avraham, he is required to daven mincha again. What if the person did not daven the mincha again that day, does the Magen Avraham require him to daven a tefillas tashlumim for the missed mincha? Some contend that, in this situation, the Magen Avraham does not require a tefillas tashlumim. Their reason is that tefillas tashlumim does not replace the lost mitzvah of tefillah bizmanah, the prayer recited in its correct time, since that cannot be replaced – rather, a tefillas tashlumim replaces only a missing tefillah. But, in our situation, this individual davened – although he recited his prayer before mincha gedolah. Although he may have missed mincha bizmanah, nothing is gained from having him daven a make-up because he has already davened (Tenuvas Sadeh).

Mincha ketanah

I mentioned earlier the Rambam’s opinion that the optimal time to daven mincha is after mincha ketanah, which the beraisa teaches is 9½ hours of the day. How do we calculate “9½ hours of the day”?

As discussed earlier, there are various opinions how to calculate this, some measuring the day from alos hashachar until tzeis hakochavim and others from sunrise to sunset. The most accepted approach is to calculate the 9½ hours as measured from sunrise to sunset. In fractions, this is 19/24 into the sunshine part of the day.

Conclusion

Often, we are in a rush – there is so much to do, I need to get to work – and we know, all too well, the yetzeir hora’s methods of encouraging us to rushthrough davening. We all realize that davening properly requires reading slowly and carefully, and that the power of tefillah is very great. Through tefillah one can save lives, bring people closer to Hashem, and overturn harsh decrees. We have to believe in this power. One should not think, “Who am I to daven to Hashem?” Rather, we must continually drive home the concept that Hashem wants our tefillos, and He listens to them! Man was created by Hashem as the only creation that has free choice. Therefore, our serving Hashem and our davening is unique in the entire spectrum of creation.

Understanding how much concern Chazal placed in the relatively minor aspects of davening should make us even more aware of the fact that davening is our attempt at building a relationship with Hashem. As the Kuzari notes, every day should have three high points – the three times that we daven. Certainly, one should do whatever one can to make sure to pay attention to the meaning of the words of one’s Tefillah. We should gain our strength and inspiration for the rest of the day from these three prayers. Let us hope that Hashem will accept our tefillos, together with those of Klal Yisrael!