Tag: mashiv haruach

Davening for Rain in the Southern Hemisphere II

Question #1: Mixed Messages

“How can you have two shullen in the same city, one saying vesein tal umatar and the other not, on the same day?”

Question #2: South of the Border

“What do Buenos Aires, Melbourne, Montevideo, Recife, and Wellington and Auckland, New Zealand, have in common, but not Johannesburg, Perth, and Santiago, Chile?”

Introduction

In part I of this article, we discussed the unique halachic issues that surfaced when Jewish communities began settling in the southern hemisphere. We learned that the first published responsum on this question was authored by Rav Chayim Shabtai, who was the rav in Salonica until his passing in 1647, and whose responsa were published as Shu”t Toras Chayim. His undated responsum is addressed to someone inquiring about the practices of the Jewish community in Brazil, without identifying which city in the country. The questioner assumes that rain during their summer months between Sukkos and Pesach would be very harmful. Therefore, the Brazilian community wanted to recite mashiv haruach umorid hagashem and vesein tal umatar between Pesach and Sukkos and not recite them between Sukkos and Pesach.

We have previously discovered that the Rosh contended that, although in Eretz Yisroel rain is disadvantageous in the summer, in Europe, where he lived his entire life, rain was not only helpful in the summer, but it was essential. Since rain was important after Pesach, he felt that they should recite mashiv haruach umorid hagashem and vesein tal umatar even in the summer months. We also discovered that the Rosh was unsuccessful in changing the practice of his community, and that he, himself, eventually stopped reciting these prayers after Pesach. Although he had not changed his opinion, since he was unsuccessful in changing the accepted practice, he did not want there to be divergent approaches in the same community.

We also learned that the Shulchan Aruch (Orach Chayim 117:2) rules that the halacha does not follow the Rosh. He writes that all communities begin reciting mashiv haruach umorid hagashem on Shemini Atzeres and records only two practices regarding vesein tal umatar, the same two expressly mentioned in the Gemara. No other regional distinctions are recognized.

In addition, we noted that when someone recites mashiv haruach umorid hagashem or vesein tal umatar when he should not, he must repeat the davening. This presents us with the following intriguing question: Someone in Germany or Spain recites mashiv haruach umorid hagashem or vesein tal umatar during or after Pesach. According to the Shulchan Aruch, they have recited something that they should not have, whereas the Rosh contends that they have followed the correct procedure. The question is whether we accept the opinion of the Rosh to the extent of not repeating the shemoneh esrei in this situation. Rav Yitzchak Abuhav, a highly respected authority, contended that one should not repeat the shemoneh esrei out of respect for the Rosh’s position.

In his Beis Yosef commentary on the Tur, the author of the Shulchan Aruch was inclined to reject the Rosh’s ruling completely, to the extent of requiring the repetition of shemoneh esrei. However, because of the position of Rav Yitzchak Abuhav, the Beis Yosef modified his position, contending that someone who recited mashiv haruach umorid hagashem or vesein tal umatar in Spain or Germany on or after Pesach should repeat the shemoneh esrei as a donated prayer, called a tefillas nedavah, which one may recite when there is a question as to whether one is required to repeat the prayer. The Rema concludes, like Rav Yitzchak Abuhav, that one should not repeat the shemoneh esrei in this situation.

Melbourne, Australia, 1890’s

In the 1890’s, Rav Avraham Eiver Hirschowitz, whose origins were in Lithuania, became the rav of Melbourne. Upon Rav Hirschowitz’s arrival in Melbourne, he discovered that the local community was following the practice of the Toras Chayim: They were not reciting mashiv haruach umorid hagashem at all, and were reciting vesein tal umatar in shomei’a tefillah during the Australian winter between Pesach and Sukkos, and not reciting it at all during the months of Marcheshvan until Pesach. Rav Hirschowitz felt that this practice was an error in Australia, and immediately began addressing letters to several gedolei Yisroel regarding this practice. He explained that the Toras Chayim’s approach is based on the assumption that rain in the summer is detrimental, which he contended is not the case in Australia. Therefore, he concluded that Australia should follow the exact practice of everywhere else outside Eretz Yisroel and recite mashiv haruach umorid hagashem from Sukkos to Pesach, and vesein tal umatar in birchas hashanim, when everyone in chutz la’aretz does this.

Much of Rav Hirschowitz’s correspondence on the subject was published in his own work, Shu”t Beis Avraham. Apparently, Rav Hirschowitz was not in Melbourne for a long period of time, since it appears that he arrived there in 1892 and left in 1894. He writes in his introduction to Shu”t Beis Avraham that on Monday of parshas Devorim 5654 (1894), he left Australia by ship for the United States. He describes that one of his ports of call was Auckland, New Zealand, which at the time had a daily minyan and a Jewish community of some one hundred families. He also describes how they crossed the international dateline while en route, and he was uncertain what he should do regarding observing Shabbos while at sea. Rav Hirschowitz published his sefer in 1908, at which time he was a rav in Toledo, Ohio.

Why was the community following the ruling of the Toras Chayim? It appears that the community’s practice had originated with a question sent by them many decades earlier to Rav Shelomoh Hirschell, who had been the chief rabbi of the United Kingdom for forty years until his passing on Monday, the 31st of October, 1842, or fifty years before Rav Hirschowitz’s arrival in Australia. To appreciate why Rav Hirschell’s opinion carried so much weight, let me share a small description of his funeral that was published shortly after his passing in The Occident and American Jewish Advocate, published in the United States: “Rav Shelomoh Hirschell was the Chief Rabbi of the Jews (after the German ritual), in London, the British provinces, and dependencies. [The term “after the German ritual” apparently means that he was viewed as the chief rabbi of the Ashkenazim, but not of the Sefardim.] The funeral took place on Wednesday. The morning was ushered in by every Jew in the metropolis, with those demonstrations of respect becoming so solemn an occasion; all places of business were closed, and the blinds in every private house were drawn down. The day being yom kippur katan, the eve of the new moon, it was observed as a fast by a larger number of persons than are accustomed to the observance. The taharah had been performed at a very early hour by the Dayanim, the executors, and a select number of the immediate friends of the deceased.” The article continues to describe the loss felt by the community, and who were the maspidim.

Apparently, when the community in Australia first asked Rav Hirschell, he ruled that they should follow the practice as concluded by the Toras Chayim. At the time, this was probably the only published responsum on the question of reciting vesein tal umatar in the southern hemisphere. Therefore, the community refrained from reciting mashiv haruach umorid hagashem ever in their prayers. They refrained from doing so from Marcheshvan to Pesach because of concern that this was detrimental to their own needs.

We will never know why Rav Hirschell ruled that they should follow the approach of the Toras Chayim. Rav Hirschowitz’s approach appears to be what most authorities accept. For example, we find responsa on the subject from Rav Kook (Shu”t Orach Mishpat, Orach Chayim #24), Rav Tzvi Pesach Frank (Shu”t Har Tzvi, Orach Chayim #56), Dayan Yitzchok Weiss of Manchester and the Eidah Hachareidis (Shu”t Minchas Yitzchok 6:171), and Rav Betzalel Stern (Shu”t Betzeil Hachachmah 6:85), all of whom accept this approach also.

We should note that the two practices, that of the Toras Chayim and that of the Shulchan Aruch, do not dispute in halacha. The Toras Chayim ruled his way when there is a season locally in which rain is definitely detrimental. Since I have found no authority who disputes this ruling of the Rambam, as explained in our previous articles, I assume that, were this indeed the case, all would agree that one should refrain from reciting mashiv haruach umorid hagashem and vesein tal umatar when it would be detrimental, locally, for it to rain in this season.

South is very different

However, one major authority, Rav Shmuel Vozner of Bnei Braq, disagrees with this approach. In a responsum dated the 9th of Kislev 5721 (1961) addressed to Rabbi Avraham Leitner, the rav of a community named Adas Yerei’im in Montevideo, Uruguay, Rav Vozner disagrees with everyone since the time of the Toras Chayim, ruling that the discussions about the Gemara and the rishonim were germane only in the northern hemisphere, where the basic needs are for rain in the winter and some places might require rain even in the spring and summer. However, opines Rav Vozner, in the southern hemisphere, where the seasons are reversed, davening for rain between Sukkos and Pesach is tantamount to asking Hashem to change the climates completely and to make the southern hemisphere climates identical to the northern, which would, of course, be catastrophic. Therefore, Rav Vozner rules that, in the southern hemisphere, one should recite mashiv haruach umorid hagashem from Pesach until Sukkos, and daven for rain vesein tal umatar in birchos hashanim when it is appropriate there (Shu”t Shevet Halevi 1:21).

It would stand to reason that, according to Rav Vozner’s approach, the prayers of tefillas geshem and tefillas tal should also be reversed — southern hemisphere Jewry should recite tefillas geshem on Pesach and tefillas tal on Sukkos. In the ninth volume of Rav Vozner’s teshuvos, there is a lengthy responsum from his son, Rav Benzion Vozner, who served as a rav in Sydney, Australia, for six years, expanding and explaining his father’s position, which he himself advocates (Shu”t Shevet Halevi 9:148).

Halachic conclusion

Based on the entire discussion, I present five possible approaches one could follow regarding the recital of mashiv haruach umorid hagashem and vesein tal umatar in the southern hemisphere.

Rosh: Since these areas are regions and not just cities, the laws germane to both of these inserts in the davening should be dependent on local conditions. Although the Rosh himself held this way, as we have seen, the other halachic authorities did not accept his position.

Shulchan Aruch: The obvious reading of the Shulchan Aruch is that these communities should follow the same practice as is practiced in chutz la’aretz northern hemisphere communities.

Toras Chayim: Although he follows the general approach that I ascribed above to the Shulchan Aruch, he adds that in seasons when rain is unfavorable, one should omit mashiv haruach umorid hagashem and vesein tal umatar.

Rav Vozner: The entire discussion in early authorities is germane only to practices in the northern hemisphere, but in the southern hemisphere one should follow reverse practices, thus reciting mashiv haruach umorid hagashem and vesein tal umatar in its winter months, which correspond to the summer months in the northern hemisphere.

Lots of dew: Although I have not seen this position quoted in any halachic work, I have been told that there are individuals who follow an approach that makes sure that one will always fulfill the mitzvah of davening. All year long, they recite morid hatal in the second brocha of shemoneh esrei, and they recite vesein tal umatar in shomei’a tefillah whenever there is an opinion that one should recite vesein tal umatar. The advantage of this last approach is that one will never create a situation in which the prayer must be repeated.

What do they do?

While researching these questions, I sent out inquiries to various contacts I have who live or have lived in different southern hemisphere communities, asking them what is practiced in their various places. Here is what I discovered:

In general, the most common practice is to follow the approach that I called above that of the Shulchan Aruch, that one follows the schedule identically to what is done in the northern hemisphere.

In some places, indeed, we find different shullen following divergent approaches. When this is the situation, usually one congregation follows the standard, accepted approach of the Shulchan Aruch, whereas the other refrains from reciting vesein tal umatar or mashiv haruach umorid hagashem in its usual place, during the local summer. I will note that, logically, this should be true only in a place and season where rain is indeed detrimental to the locals.

Mixed Messages

At this point, we can address the opening questions of our article. Our first question was: “How can you have two shullen in the same city, one saying vesein tal umatar, and the other not, on the same day?”

One answer would be that we are describing two shullen located somewhere in the southern hemisphere, which are following differing piskei halacha as to what they should do. I am told that there are cities in which this is the case.

The second of our opening questions was: “What do Buenos Aires, Melbourne, Montevideo, Recife, and Auckland, New Zealand, have in common, but not Johannesburg, Perth, and Santiago, Chile?”

Even someone who has followed all the fine points in our discussion will probably still not be able to answer this question, although he will realize that every one of these places lies in the southern hemisphere. Buenos Aires, Melbourne, Montevideo, Recife, and Auckland, New Zealand all have in common that, in my research on this topic, I found each of these places to have been the basis of the question asked from a posek on this issue.

 

Davening for Rain in the Southern Hemisphere

Question #1: Mixed Messages

“How can you have two shullen in the same city, one saying vesein tal umatar, and the other not, on the same day?”

Question #2: Western Travelers

How early did western mankind begin traveling in the southern hemisphere?

Question #3: South of the Border

“What do Buenos Aires, Melbourne, Montevideo, Recife, and Wellington and Auckland, New Zealand have in common, but not Johannesburg, Perth, and Santiago, Chile?”

Introduction

Although we are all aware that we cease reciting both mashiv haruach umorid hagashem and vesein tal umatar on the first day of Pesach, most people are surprised to discover that there is a halachic controversy whether this is the correct procedure in America. This has halachic ramifications both for people in the United States and certainly for those who live in South America, particularly those living in Argentina, Chile and Brazil, which are in the southern hemisphere. We will also discover that there is a major dispute among halachic authorities as to when people living in South Africa, Australia, New Zealand and other parts of the southern hemisphere should recite mashiv haruach umorid hagashem and vesein tal umatar, in what part of shemoneh esrei they should recite vesein tal umatar, and when they recite tefilas tal and tefilas geshem.

But first we need to study the Talmudic sources on the topic. The early halachic sources discuss two special inserts to our davening, mashiv haruach umorid hagashem, “He who causes the wind to blow and the rain to fall,” and vesein tal umatar, “grant dew and rain upon the face of the earth.” The first is praise of Hashem and, therefore, it is inserted into the second brocha of our davening, both on weekdays and Shabbos, since the first three brochos of the shemoneh esrei are devoted to praise. The second is a prayer beseeching Hashem to provide rain, and as such is recited in birchas hashanim, the appropriate brocha of the weekday shemoneh esrei. Should one forget to recite vesein tal umatar in its appropriate place in birchas hashanim, one may still recite it during the brocha of shomei’a tefillah.

Missed them

Should one forget to recite either mashiv haruach umorid hagashem or vesein tal umatar when required, one is obligated to repeat the shemoneh esrei. However, there is a halachic difference between the two that is already noted by the Tur. Should one recite morid hatal, praising Hashem for providing dew, rather than mashiv haruach umorid hagashem, one is not required to repeat the shemoneh esrei. Nevertheless, when it is the time to recite vesein tal umatar, someone who prayed only for dew would be required to repeat the shemoneh esrei.

Mashiv haruach umorid hagashem

The Mishnah (Taanis 2a) cites a dispute between Rabbi Eliezer and Rabbi Yehoshua concerning when one begins to recite mashiv haruach umorid hagashem, Rabbi Eliezer contending that we begin on the first day of Sukkos, whereas Rabbi Yehoshua maintains that we begin on Shemini Atzeres. The Gemara explains that Rabbi Eliezer’s basis is that there are two mitzvos observed on Sukkos that are associated with our need for rain, the ceremony of nisuch hamayim, which involves the pouring of water on the mizbeiach in the Beis Hamikdash, and the taking of the lulav, esrog, hadasim and aravos. In Rabbi Eliezer’s opinion, these mitzvos demonstrate that we should praise Hashem on Sukkos for His role as Rainmaker.

Both Rabbi Eliezer and Rabbi Yehoshua agree that we do not want it to rain on Sukkos itself, because this makes it difficult or even impossible to observe the mitzvah of sukkah. As the Mishnah (Sukkah 28b) records, rain on Sukkos can be compared to a servant bringing his master a gift that the master pours into the servant’s face. We build a sukkah hoping to serve Hashem by observing His mitzvah, and then it rains on our party! For this reason, Rabbi Yehoshua says that we do not begin reciting mashiv haruach umorid hagashem until there is no longer a mitzvah of living in the sukkah.

Rabbi Eliezer agrees that we do not request rain during Sukkos, but he contends that reciting mashiv haruach umorid hagashem is appropriate, since it is praise of Hashem and not a request for rain. Rabbi Yehoshua responds that, even so, it is inappropriate for us to praise Hashem as Rainmaker at a time when rain is considered a siman kelalah, a sign of a curse, because it demonstrates that Hashem has rejected our observance of His mitzvos. The Gemara rules according to Rabbi Yehoshua.

Beginning Vesein tal umatar

Regarding when to begin reciting vesein tal umatar, the Mishnah (Taanis 10a) records a dispute between an anonymous tanna, who contends that we begin on the third day of Marcheshvan, and Rabban Gamliel, who says that we begin on the seventh day of Marcheshvan. This is fifteen days after Sukkos, which allows those who traveled for Yom Tov to Yerushalayim by foot to return home before it begins to rain. The Gemara rules that the halacha accords with Rabban Gamliel’s opinion.

Continuing this discussion, the Gemara quotes a beraisa stating that the Mishnah expresses the practice that is followed in Eretz Yisroel. However, in “the exile,” they begin praying for rain many weeks later, on the day the Gemara calls “sixty days after the equinox,” the details of which we will leave for a different time. Rashi explains that in Bavel, which is located in a river valley, there is less need for rain than in Eretz Yisroel. Too much rain in Bavel could cause dangerous flooding, and therefore they begin praying for rain later.

Thus far, we know that in Eretz Yisroel one begins recital of vesein tal umatar on the seventh of Marcheshvan, whereas in Bavel it is begun significantly later.

Southern hemisphere

All of this lengthy discussion and last week’s article are an introduction to our topic, since until now we have been discussing life in the northern hemisphere, the world north of the equator. In the era of the Mishnah, Gemara and rishonim, to the best of our knowledge, there were no Jews living south of the equator, which runs through the northern part of South America, mid-Africa, and through the Indian Ocean south of India. In today’s world, there are Jewish communities in the following countries south of the equator: Argentina, Australia, Brazil, Chile, New Zealand, South Africa and Uruguay, and, to a lesser extent, in Ecuador and Bolivia. All of these lands were unknown to the European and Middle Eastern world until the era of discovery began in the days of Columbus. Of these lands, the first discovered was probably South Africa, discovered by Vasco da Gama during his voyage that began in 1497, and then Brazil, discovered in 1500 by Pedro Cabral.

By the early seventeenth century there was already a Jewish community in Brazil that sent questions germane to when they should recite mashiv haruach umorid hagashem and vesein tal umatar. The earliest responsum was written by a prominent posek of Salonica, Rav Chayim Shabtai, who was the rav in Salonica until his passing in 1647, and whose responsa were published as Shu”t Toras Chayim. His undated responsum is addressed to someone inquiring about the practices of the Jewish community in Brazil, without identifying which city in that country. The teshuvah identifies them as being south of the equator, which is indeed where almost all of Brazil is located. The letter could not have been from the two largest Jewish communities in Brazil today, Sao Paulo and Rio de Janeiro, because neither of those cities existed yet in the 17th century, but it might have been from one of the earlier colonial cities of Belem or Recife (then called Pernambuco).

The questioner assumes that rain during their summer months, which are between Sukkos and Pesach, would be very harmful. Therefore, the Brazilian community wanted to recite mashiv haruach umorid hagashem and vesein tal umatar between Pesach and Sukkos and not recite them between Sukkos and Pesach.

In the article, “Should I daven for rain when we need it?” which I sent out last week, I mention the dispute in the Gemara whether these two prayers, mashiv haruach umorid hagashem and vesein tal umatar, are recited according to local conditions, such as those of a city whose weather pattern varies significantly from nearby locales. The Gemara’s example is the people of the city of Nineveh, where rain was necessary throughout the summer. Could they recite vesein tal umatar in Boreich aleinu, when it usually is recited, or should/must they recite it in Shema koleinu.

The halachic conclusion is that mashiv haruach umorid hagashem is never said according to local conditions, whereas vesein tal umatar is not said in the usual place in shemoneh esrei, but in the brocha of Shema koleinu.

I also discussed there the dispute among rishonim whether an entire country recites these brochos according to their local climate needs or not. The Rosh rules that they do, and thus he contended that Spain or Germany should follow local climate needs when reciting these two brochos. The Rosh further contended that the Rambam agreed with his interpretation of the halacha. We also noted that most authorities disagreed with the Rosh, and that some later authorities disagreed with the Rosh’s understanding of the Rambam’s opinion.

Contradiction in Rambam

At this point, we will examine how the Rosh explains the Rambam in a way that sustains his opinion. The Rosh noted that the Rambam’s statement in his commentary to the Mishnah in Taanis appears to conflict with what he wrote in Hilchos Tefillah, “Places that require rain in the summer, such as distant islands of the sea, ask for rain when they require it in shomei’a tefillah” (Rambam, Hilchos Tefillah 2:15-17). Yet, the Rambam in the Mishnah commentary states that they should treat their rainy season as Eretz Yisroel treats the 7th of Marcheshvan, which means that they should recite vesein tal umatar in birchas hashanim, not in shomei’a tefillah.

In the Rambam’s commentary to the Mishnah Taanis, while explaining the laws that we have shared above, he adds: “All these laws apply in Eretz Yisroel and the lands that are similar to it… However, in other lands, one should recite vesein tal umatar at the time that rain is beneficial for that place, and, in that time, one should follow the practice of (Eretz Yisroel on) the 7th of Marcheshvan (meaning that they should pray for rain when it is beneficial for them). This is because there are lands in which it does not begin to rain until Nissan. In lands in which the summer is in Marcheshvan and rain then is not good for them, but it is deadly and destructive, how can the people of such a place ask for rain in Marcheshvan? – this is a lie!” (Since rain is now detrimental for them, why are they asking for it?)

Tangentially, there is an observation that results from the Rambam’s words, which is of a historical nature rather than a halachic one. The Rambam was aware that there are places in the world in which the seasons are reversed from ours, such as in the southern hemisphere. Historically, this presents a tremendous curiousity, since I have been unable to ascertain that there was settlement of Jews in the southern hemisphere until four hundred years after the Rambam’s demise! However, it appears that, in the Rambam’s day, Arab traders had already visited the eastern coast of Africa south of the equator, or, alternatively, had sailed to islands in the Indian Ocean that were south of the equator. I have not seen any historians note this point.

In view of the Rambam’s words, we can address the second of our opening questions: “How early did western mankind begin traveling in the southern hemisphere?”

From the Rambam’s comments, it is evident that this was as early as the twelfth century. It may be that Vasco de Gama was the first European to sail around the southern tip of what is today South Africa, but he was certainly not the first old world explorer to sail to the southern hemisphere!

Returning to the comments of the Rosh:

The Rosh resolves the contradiction in the Rambam’s position by explaining that there is a difference between a city and a region. A city with exceptional needs should recite vesein tal umatar only in shomei’a tefillah. However, an entire region or country, such as Spain or Germany, should recite vesein tal umatar in birchas hashanim during the part of the year that this region requires rain.

Kesef Mishneh and Toras Chayim

Not all authorities accept the Rosh’s approach to explaining the Rambam. Several point out that if the Rambam meant to distinguish between a city and a region, he should have said so. Rather, they contend that the Rambam meant that if, in your location, there is now a need for rain, one should include vesein tal umatar in your daily weekday davening. Where in the prayer one recites this depends on what part of the year it is: Between the 7th of Marcheshvan and Pesach, one should say it in birchas hashanim. If it is after Pesach, one should recite it in shomei’a tefillah.

Several rishonim rule that local conditions do not determine when one recites vesein tal umatar in birchas hashanim, contending that reciting vesein tal umatar in that part of davening after Pesach requires one to repeat the shemoneh esrei, even in a place where there is a need for rain in this part of the year (Rabbeinu Yonah, Brochos 19b; Ritva, Taanis 3b). Thus, we understand why the Rosh’s position that mashiv haruach umorid hagashem and vesein tal umatar should be recited after Pesach in Europe was not accepted.

The Shulchan Aruch (Orach Chayim 117:2) rules that the halacha does not follow the Rosh. He writes that all communities begin reciting mashiv haruach umorid hagashem on Shemini Atzeres and records only two practices regarding vesein tal umatar, the same two expressly mentioned in the Gemara. No other regional distinctions are recognized.

Thus, in essence, the people of Brazil wanted to follow the approach of the Rosh. The Toras Chayim rules that they should not follow this practice, emphasizing:

(1) The Rosh’s approach was not accepted by the other authorities.

(2) In a lengthy discussion of the Rambam’s opinion, the Toras Chayim concludes that the Rambam also does not agree with the Rosh.

(3) The Rosh himself retracted his approach when he saw that it was not followed.

Based on the claim that rain between Sukkos and Pesach was detrimental to life where these Brazilian colonists lived, the Toras Chayim ruled that they should never recite mashiv haruach umorid hagashem at all, following the Rambam that one does not recite either mashiv haruach umorid hagashem or vesein tal umatar when it is detrimental for the local needs. During the months that the Brazilians need rain, he ruled that they should recite vesein tal umatar during shomei’a tefillah, like the practice of the city of Nineveh and unlike the Rosh.

Click here for part II of this article.

 

 

Should I Daven for Rain When We Need It?

Whereas in chutz la’aretz we do not recite vesein tal umatar (the prayer for rain added to the bracha of Boreich Aleinu in the weekday shmoneh esrei) until the evening of December fourth (the exact date varies upon the particular year), people in Eretz Yisroel begin reciting this prayer on the Seventh of Marcheshvan. This difference in practice leads to many interesting shaylos. One, which is discussed in an article that is posted on the website RabbiKaganoff.com, concerns someone who is traveling during this time period from Eretz Yisroel to chutz la’aretz or vice versa.

There is halachic discussion regarding the question whether the two passages that we recite in the shemoneh esrei, mashiv haruach umorid hagashem and vesein tal umatar, should be recited according to local conditions. This week’s article discusses the general topic and emphasizes the questions germane to it in the northern hemisphere. Next week, I will discuss the history and question concerning what one does in the southern hemisphere.

 

Should I Daven for Rain When We Need It?

Question:

If a city’s residents need rain at a different time in the year, when do they recite vesein tal umatar?

Introduction

Although we are all aware that we begin reciting mashiv haruach umorid hagashem on Shemini Atzeres and vesein tal umatar either on the evening of December fourth in chutz la’aretz) or on the Seventh of Marcheshvan in Eretz Yisroel, and that we cease reciting both mashiv haruach umorid hagashem and vesein tal umatar on the first day of Pesach, most people are surprised to discover that there is an extensive halachic controversy whether this is the correct procedure in most of the world. Specifically, as we will soon see, there are some early authorities who rule that one should pray for rain whenever it is usual to have rain in the region where one is located. Although we do not rule this way, there are ramifications for someone who errs and recites the wrong prayer in such locations.

Local needs

If a city’s residents need rain at a different time in the year, when do they recite vesein tal umatar? The Gemara (Taanis 14b) raises this question, citing the following story:

“The people of the city of Nineveh (in contemporary Iraq) sent a shaylah to Rebbe: Our city requires rain, even in the middle of the summer. Should we be treated like individuals and recite vesein tal umatar in the brocha of Shma Koleinu, or like a community, and recite it during the brocha of Boreich Aleinu (birchos hashanim)? Rebbe responded that they are considered individuals and should request rain during the brocha of Shma Koleinu.”

The Gemara subsequently demonstrates that the tanna Rabbi Yehudah disagreed with Rebbe, and contended that they should recite vesein tal umatar in the brocha of birchos hashanim.

This controversy recurred in the times of the early amora’im, approximately one hundred years later, when the disputants were Rav Nachman and Rav Sheishes. Rav Sheishes contended, like Rebbe, that the Nineveh residents should recite vesein tal umatar in shomei’a tefillah, whereas Rav Nachman ruled that they should recite it in birchos hashanim, following Rabbi Yehudah. The question is then resolved finally by the Gemara, which concludes that it should be recited in shomei’a tefillah, and this is the conclusion of all halachic authorities.

Why not add?

Germane to understanding this passage of Gemara, a concern is raised by the rishonim. There is a halacha that one can add to the supplication brochos of the shemoneh esrei personal requests appropriate to the theme of that brocha. For example, one may include a prayer for the recovery of an individual during the brocha of refa’einu, or a request for assistance in one’s Torah study in the brocha of chonein hadaas. The Gemara (Avodah Zarah 8a) rules that someone who needs livelihood may add a personal supplication for this to the brocha of birchos hashanim. The question is that if one may add his personal request for parnasah, why can the people of Nineveh not add their own personal requests for rain at this point in the davening?

The rishonim present two answers to this question:

  1. Since rain can be harmful in other places, one may not pray for rain in birchos hashanim for one’s own needs when rain may be detrimental in a different locale. A request for livelihood is different, since fulfilling it is never harmful to someone else.
  2. This is the version of the prayer that Chazal instituted for the winter months, and they established a different text for the summer months. Therefore, reciting vesein tal umatar in birchos hashanim during the summer conflicts with the text that Chazal established for this brocha, which is called matbei’a she’tav’uh chachamim. One is not permitted to change the text of Chazal’s established prayers, although one may add personal supplications to them.

The Rambam

When the Rambam cites the halachic conclusion of the story of the people of Nineveh, he modifies the story by replacing the reference to Nineveh with “distant islands of the sea.” Let us see the entire context of his ruling: “The entire rainy season (autumn and winter), one recites morid hagashem in the second brocha, and in the sunny season (spring and summer) one recites morid hatal. When does he begin reciting morid hagashem? From the musaf prayer of the last day of Sukkos until shacharis of the first day of Pesach. From musaf of the first day of Pesach one begins to recite morid hatal. From the seventh of Marcheshvan, we begin to ask for rain in birchos hashanim for as long a time as one still says mashiv haruach umorid hagashem. This is true in Eretz Yisroel, but in Shinar (Mesopotamia), Syria, Egypt and nearby places whose climate is similar, one should ask for rain from sixty days after the equinox. Places that require rain in the summer, such as distant islands of the sea, ask for rain — when they require it — in shomei’a tefillah” (Rambam, Hilchos Tefillah 2:15-17).

Germany and Spain

Why the Rambam mentions “distant islands of the sea” became an important factor in a related issue a bit more than one hundred years after his passing, during the lifetime of the Rosh. The Rosh was born in Germany and spent most of his life there. As an adult with grown children, he fled Germany because of persecutions, first spending a few months in Montpelier, in the area of southern France bordering on the Mediterranean Sea known as the Provence. He subsequently decided that he was not happy with the level of Jewish observance in the Provence, and he traveled onward to Barcelona, Spain, where he became the personal houseguest of the Rashba. Later, the rav of Toledo, the largest community of its time in central Spain, passed on, and the rabbinate of that prominent community, in which lived, apparently, many prominent talmidei chachamim, was offered to the Rosh, who accepted it. Shortly after his arrival in Toledo, the following event transpired:

“And it was in the year 5073 after the creation of the world (corresponding to the Common Era year 1313), that it rained very little the entire winter, and the community declared a fast day to beseech Hashem for rain. On the first night of Pesach after maariv, the Rosh was sitting in the entrance to his house with some of his disciples standing about him, when he declared:

“Now is the time to raise a matter that has always bothered me: Why don’t we continue reciting vesein tal umatar until Shavuos?” What bothered the Rosh is that, although in Eretz Yisroel rain is disadvantageous in the summer, in Europe, where he lived his entire life, rain was not only helpful in the summer, but it was essential. Since rain was important after Pesach, they should recite mashiv haruach umorid hagashem and vesein tal umatar even in the summer months.

Subsequently, the Rosh penned a lengthy responsum advocating this position. He rallied the following proof: When analyzing a dispute quoted in the Gemara, we ordinarily assume that the two differing authorities disputed concerning a relatively minor issue and held as closely as possible to one another’s position. The specific application of this principle is as follows: Both Rabbi Yehudah (the tanna) and Rav Nachman (the amora) held that the city of Nineveh should recite vesein tal umatar in the brocha of birchos hashanim. On the other hand, Rebbe and Rav Sheishes contended that the city of Ninevah should recite vesein tal umatar in shomei’a tefillah, because a city should not have its own practice of reciting vesein tal umatar in birchos hashanim when everyone else is not requesting rain in their tefilos. However, reasoned the Rosh, the dispute among these great scholars regards only a city. A large region or country should recite vesein tal umatar in birchos hashanim according to all opinions, just as we see that the practices of Eretz Yisroel and Bavel were not the same, but each country followed its own needs. Therefore, since Nineveh’s needs were analogous to those of central Spain, everyone would agree that in Spain, one should recite mashiv haruach umorid hagashem and vesein tal umatar according to the regional climate conditions.

At the end of his responsum, the Rosh notes that he was unsuccessful in changing the practice of his community, and that he, himself, eventually stopped reciting these prayers after Pesach. We see clearly that he had not changed his opinion. However, since he was not successful in changing the accepted practice, he did not want there to be divergent approaches in the same community.

The Rosh contended that he could prove that the Rambam also held as he did, that one should recite the prayers mashiv haruach umorid hagashem and vesein tal umatar according to the need of the local region. In the Rambam’s commentary to the Mishnah Taanis, while explaining the laws that we have shared above, he adds: “All these laws apply in Eretz Yisroel and the lands that are similar to it… However, in other lands, one should recite vesein tal umatar at the time that rain is beneficial for that place, and, in that time, one should follow the practice of (Eretz Yisroel on) the 7th of Marcheshvan (meaning that one should begin reciting vesein tal umatar when local conditions warrant it). This is because there are lands in which it does not begin to rain until Nissan. In lands in which the summer is in Marcheshvan and rain, then, is not good for them, but it is deadly and destructive, how can the people of such a place ask for rain in Marcheshvan? – this is a lie!” (Since rain is now detrimental for them, why are they asking for it?)

Rambam points

In reverse order, the Rambam made two halachic points:

  1. One should not pray for rain when it is detrimental to the local needs.

Note that I have not found any halachic authority who disputes this ruling, although, in truth, virtually every other rishon is mum on this topic.

  1. In places where rain is beneficial at a different time of the year, one should recite vesein tal umatar at the time that it is beneficial for the local needs.

Contradiction in Rambam

At this point, we will examine how the Rosh explains the Rambam in a way that sustains his opinion. The Rosh notes that the Rambam’s statement in his commentary to the Mishnah in Taanis appears to conflict with what he wrote in Hilchos Tefillah, “Places that require rain in the summer, such as distant islands of the sea, ask for rain — when they require it — in shomei’a tefillah” (Rambam, Hilchos Tefillah 2:15-17). Yet, the Rambam in the Mishnah commentary states that they should treat their rainy season as Eretz Yisroel treats the 7th of Marcheshvan, which means that they should recite vesein tal umatar in birchos hashanim, not in shomei’a tefillah.

The Rosh resolves this contradiction in the Rambam’s position by explaining that there is a difference between a city and a region. A city with exceptional needs should recite vesein tal umatar only in shomei’a tefillah. However, an entire region or country, such as Spain or Germany, should recite vesein tal umatar in birchos hashanim, during the part of the year that this region requires rain.

Kesef Mishneh and Toras Chayim

Not all authorities accept the Rosh’s approach to explaining the Rambam. Several point out that if the Rambam meant to distinguish between a city and a region, he should have said so. Rather, they contend that the Rambam meant that if, in your location, there is now a need for rain, one should include vesein tal umatar in your daily weekday davening. Where in the prayer one recites this depends on what part of the year it is: Between the 7th of Marcheshvan and Pesach, one should say it in birchos hashanim. If it is after Pesach, one should recite it in shomei’a tefillah.

Disagree with Rosh

Several rishonim disagree with the Rosh, contending that it is not permitted to recite vesein tal umatar in birchos hashanim at times that Chazal ruled we should not. They rule, further, that someone who does recite vesein tal umatar in birchos hashanim at those times did not fulfill his mitzvah to daven and is required to repeat the shemoneh esrei (Rabbeinu Yonah, Brochos 19b; Ritva, Taanis 3b). Thus, we understand why the Rosh’s position, that mashiv haruach umorid hagashem and vesein tal umatar should be recited after Pesach in Europe, was not accepted.

The Shulchan Aruch (Orach Chayim 117:2) rules that the halacha does not follow the Rosh. He records that all communities begin reciting mashiv haruach umorid hagashem on Shemini Atzeres, and records only two practices regarding vesein tal umatar, the same two expressly mentioned in the Gemara. No other regional distinctions are recognized.

Out of season

Notwithstanding that he rejects the halachic conclusion of the Rosh, the Shulchan Aruch discusses the following question. Someone who recites mashiv haruach umorid hagashem or vesein tal umatar when he should not must repeat the davening. This presents us with an intriguing question: Someone in Germany or Spain recites mashiv haruach umorid hagashem or vesein tal umatar during or after Pesach. According to the Shulchan Aruch, they have recited something that they should not have, whereas the Rosh contends that they have followed the correct procedure. The question is whether we accept the opinion of the Rosh to the extent of not repeating the shemoneh esrei in this situation. Indeed, Rav Yitzchak Abuhav, a highly respected authority, contended that one should not repeat the shemoneh esrei, out of respect for the Rosh’s position.

In his Beis Yosef commentary on the Tur, the author of the Shulchan Aruch was inclined to reject the Rosh’s ruling completely, to the extent of requiring the repetition of shemoneh esrei. However, because of the position of Rav Yitzchak Abuhav, the Beis Yosef modified his position, contending that someone who recited mashiv haruach umorid hagashem or vesein tal umatar in Spain or Germany on or after Pesach should repeat the shemoneh esrei as a donated prayer, called a tefillas nedavah, which may be recited when it is uncertain whether repeating the prayer is required. The Rema concludes, like Rav Yitzchak Abuhav, that one should not repeat the shemoneh esrei in this situation.

The Bach

There is yet another complication to this issue, based on a comment of the Bach. A different passage of Gemara is concerned about a concept called “bothering Heaven,” meaning asking for a miraculous deliverance when unnecessary, noting that people who have davened under these unusual circumstances have been punished as a result. The Bach mentions a longstanding practice not to add vesein tal umatar to the davening on dates not included in what Chazal established, even when there was a local need for rain. He writes that the custom was to include selichos and other prayers but not to add the specific words of vesein tal umatar. He further records that two great Torah leaders once added vesein tal umatar, and both passed away within the year, which was attributed to the fact that they had inserted vesein tal umatar into prayers when they should not have.

There is a major difficulty posed by these comments of the Bach. We learned above that the residents of Nineveh asked in which brochathey should recite vesein tal umatar, because of their local need for rain. No one questioned that they could recite vesein tal umatar, which seems to run counter to what the Bach stated.

The Taz explains that the Bach’s concerns are only about reciting vesein tal umatar in the repetition of the shemoneh esrei, but not in the private tefillah, and that the people of Nineveh recited vesein tal umatar only in their private tefillos, but not during the chazzan’s repetition. The Elya Rabbah, an early acharon, takes issue with the Taz’s approach, contending that the people of Nineveh certainly recited vesein tal umatar both in their private prayers and in the public ones. The Elya Rabbah suggests an alternative approach: The concern raised by the Bach is only when the need for rain is not that great. When there is a major need for rain, as no doubt existed for the people of Nineveh, there is no concern about bothering Heaven.

Conclusion

Rashi (Breishis 2:5) points out that until Adam Harishon appeared, there was no rain in the world. Rain fell and grasses sprouted only after Adam was created, understood that rain was necessary for the world, and prayed to Hashem for rain.  Whenever we pray for rain, we must always remember that the essence of prayer is drawing ourselves closer to Hashem.

 

 

Praying for a Rainy Day when Traveling to or from Eretz Yisroel in November

Whereas in chutz la’aretz ve’sein tal umatar (the prayer for rain added to the beracha of Boreich Aleinu in the weekday shmoneh esrei) is not recited until the evening of December Fifth (this year — the exact date varies), people in Eretz Yisroel began reciting this prayer on the Seventh of MarCheshvan, last Thursday night. This difference in practice leads to many interesting shaylos. Here are some examples: 

Question #1:

Yankel, who lives in New York, is in aveilos l”a for his father and tries to lead services at every opportunity. He will be visiting Eretz Yisroel during the month of November. Does he recite the prayer according to the Eretz Yisroel practice while there? Which version does he recite in his quiet shmoneh esrei? Perhaps he should not even lead services while he is there?

 

Question #2:

Does someone from chutz la’aretz who is currently attending Yeshiva or seminary in Eretz Yisroel recite ve’sein tal umatar according to the custom of Eretz Yisroel or according to the chutz la’aretz practice?

 

Question #3:

Reuven lives in Eretz Yisroel but is in chutz la’aretz on the Seventh of MarCheshvan. Does he begin reciting ve’sein tal umatar while in chutz la’aretz, does he begin reciting it upon returning to Eretz Yisroel or does he wait until those in chutz la’aretz begin reciting it?

 

In order to explain the halachic issues involved in answering these shaylos, we must first explain why we begin requesting rain on different dates in Eretz Yisroel than we do in chutz la’aretz.

 

The Gemara (Taanis 10a) concludes that in Eretz Yisroel one begins reciting ve’sein tal umatar on the Seventh of MarCheshvan, whereas in Bavel one begins reciting it on the sixtieth day after the autumnal equinox. (The Gemara’s method for calculating the autumnal equinox is not based on the solar year but on a different calculation. The reason for this is beyond the scope of this article.) Someone who recites ve’sein tal umatar during the summer months in Eretz Yisroel must repeat the Shemoneh Esrei, since this request in the summer is inappropriate (Gemara Taanis 3b; Shulchan Aruch Orach Chayim 117:3).

 

WHY ARE THERE TWO DIFFERENT “RAIN DATES?”

 

Since Eretz Yisroel requires rain earlier than Bavel, Chazal instituted that the Jews in Eretz Yisroel begin requesting rain shortly after Sukkos. In Bavel, where it was better if it began raining later, reciting ve’sein tal umatar was delayed until later. This practice is followed in all of chutz la’aretz, even in places where rain is not seasonal, or where rain is needed earlier — although the precise reason why all of chutz la’aretz follows the practice of Bavel is uncertain (see Rashi and Rosh to Taanis 10a; Shu”t Rosh 4:10; Tur and Shulchan Aruch Orach Chayim 117).

 

LOCAL CONDITIONS

 

If a certain city needs rain at a different time in the year, can they, or should they recite ve’sein tal umatar then? The Gemara (Taanis 14b) raises this question and cites the following story:

 

“The people of the city of Nineveh (in contemporary Iraq) sent the following shaylah to Rebbe: In our city we need rain even in the middle of the summer. Should we be treated like individuals, and request rain in the beracha of Shma Koleinu, or like a community and recite ve’sein tal umatar during the beracha of Boreich Aleinu? Rebbe responded that they are considered individuals and should request rain during the beracha of Shma Koleinu.”

This means that an individual or a city that needs rain during a different part of the year should recite ve’sein tal umatar during the beracha of Shma Koleinu, but not as part of Boreich Aleinu.

 

NATIONAL CONDITIONS

 

Is a country different from a city? In other words, if an entire country or a large region requires rain at a different time of the year, should its residents recite ve’sein tal umatar during the beracha of Boreich Aleinu? The Rosh raises this question and contends, at least in theory, that a country should recite ve’sein tal umatar in Boreich Aleinu. In his opinion, most of North America and Europe should recite ve’sein tal umatar during the summer months. Although we do not follow this approach, someone who recites ve’sein tal umatar at a time when his country requires rain should not repeat the Shmoneh Esrei, but should rely retroactively on the opinion of the Rosh (Shulchan Aruch and Rama 117:2). Similarly, someone who recited ve’sein tal umatar as part of Boreich Aleinu in error after the Seventh of MarCheshvan should not repeat Shmoneh Esrei afterwards, unless he lives in a country where rain is not necessary at this time (Birkei Yosef 117:3; cf. Shu”t Ohalei Yaakov #87 of Maharikash  who disagrees.). 

 

With this introduction, we can now begin to discuss the questions at hand. What should someone do if he lives in Eretz Yisroel, but is in chutz la’aretz, or vice versa, during the weeks when there is a difference in practice between the two places? As one can imagine, much halachic literature discusses this shaylah, although I am surprised to report that I found no discussion concerning this question dating back to the Rishonim. I found three early opinions, which I quote in chronological order:

 

Opinion #1.

The earliest opinion I found, that of the Maharikash (Shu”t Ohalei Yaakov #87) and the Radbaz (Shu”t #2055), discusses specifically an Eretz Yisroel resident who left his wife and children behind while traveling to chutz la’aretz. (In earlier generations, it was common that emissaries from the Eretz Yisroel communities traveled to chutz la’aretz for long periods of time to solicit funds. These poskim ruled that if the traveler left his family in Eretz Yisroel, he should begin reciting ve’sein tal umatar on the Seventh of MarCheshvan, following the practice of Eretz Yisroel, regardless of whether he himself was then in Eretz Yisroel or in chutz la’aretz. However, if he is single, or alternatively, if he is traveling with his family, then when he begins reciting ve’sein tal umatar depends on whether he will be gone for the entire rainy season. If he leaves Eretz Yisroel before the Seventh of MarCheshvan and intends to be gone until Pesach or later, then he recites ve’sein tal umatar according to the practice of chutz la’aretz. If he intends to return before Pesach, then he recites ve’sein tal umatar beginning on the Seventh of MarCheshvan even though he is in chutz la’aretz.

 

The key question here is, what is the criterion for determining when someone recites ve’sein tal umatar? These poskim contend that it depends on his personal need. If his immediate family is in Eretz Yisroel and therefore requires rain already on the Seventh of MarCheshvan, he begins reciting ve’sein tal umatar then, even though he himself is in chutz la’aretz. This is considered that he has a personal need for rain (Shu”t Igros Moshe, Orach Chayim 2:102).

 

Opinion #2.

The Pri Chodosh (Orach Chayim 117) quotes the previous opinion (of the Maharikash and the Radbaz) and disputes with them, contending that only one factor determines when the traveler begins reciting ve’sein tal umatar – how long he plans to stay abroad. If he left Eretz Yisroel intending to be away for at least a year, he should consider himself a resident of chutz la’aretz (for this purpose) and begin reciting ve’sein tal umatar in December. If he intends to stay less than a year, he should begin reciting ve’sein tal umatar on the Seventh of MarCheshvan. Furthermore, the Pri Chodosh states that whether one leaves one’s immediate family behind or not does not affect this halacha.

 

These two approaches disagree what determines when an individual recites ve’sein tal umatar. According to Opinion #1 (the Maharikash and the Radbaz), the main criterion is whether one has a personal need for rain as early as the Seventh of MarCheshvan. According to Opinion #2 (the Pri Chodosh), the issue is whether one is considered a resident of Eretz Yisroel or of chutz la’aretz.

 

According to this analysis of Opinion #2, a resident of chutz la’aretz who intends to spend a year in Eretz Yisroel begins reciting ve’sein tal umatar on the Seventh of MarCheshvan, whereas, if he intends to stay less than a year, he follows the practice of chutz la’aretz (Pri Megadim; Mishnah Berurah; cf. however Halichos Shelomoh Volume 1 8:28 pg. 107). However according to Opinion #1, he would being reciting ve’sein tal umatar on the Seventh of MarCheshvan if he or his family intend to spend any time during the rainy season in Eretz Yisroel. Thus, we already know some background to Question #2 above, concerning a yeshiva bachur or seminary student in Eretz Yisroel. According to Opinion #1, they should follow the Eretz Yisroel practice, whereas according to Opinion #2, they should follow the chutz la’aretz practice if they intend to stay for less than a year.

 

Opinion #3.

The Birkei Yosef quotes the two above-mentioned opinions and also other early poskim who follow a third approach, that the determining factor is where you are on the Seventh of MarCheshvan. (See also Shu”t Dvar Shmuel #323.) This approach implies that someone who is in Eretz Yisroel on the Seventh of MarCheshvan should begin praying for rain even though he intends to return to chutz la’aretz shortly, and that someone who is in chutz la’aretz on that date should not, even though he left his family in Eretz Yisroel.

 

Dvar Shmuel and Birkei Yosef explain that someone needs rain where he is, and it is not dependent on his residence. Birkei Yosef points out that if there is a severe drought where he is located, it does not make any difference whether he lives elsewhere; he will be a casualty of the lack of water. This was certainly true in earlier generations, when water supply was dependent on local wells. Even today, when water is supplied via piping from large reservoirs, this opinion would still rule that the halacha is determined by one’s current location, and not one’s permanent residence.

 

Opinion #3 (the Birkei Yosef’s approach) is fairly similar to that of Opinion #1 (the Maharikash and the Radbaz) in that both approaches see the determining factor to be temporary need and not permanent residency. However, these two opinions dispute several details, including what is the ruling of someone in chutz la’aretz whose family remains in Eretz Yisroel. According to Opinion #1, this person begins ve’sein tal umatar on the Seventh of MarCheshvan, whereas Opinion #3 contends that he begins only when the other bnei chutz la’aretz do.

 

Why does Opinion #3 disregard his family being in Eretz Yisroel as a factor, whereas Opinion #1 is concerned with this fact? Birkei Yosef explains that praying for rain for one’s family when one is in chutz la’aretz is praying for an individual need, which one does in Shma Koleinu, not in Boreich Aleinu, since the rest of the community there has no need for rain. Opinion #1 presumably holds that praying for Eretz Yisroel when I am in chutz la’aretz is not considered praying for an individual, even though my reason to pray for rain in Eretz Yisroel is personal.

 

After analyzing these three conflicting opinions, how do we rule? Although the later poskim, such as the Mishnah Berurah, refer to these earlier sources, it is unclear how they conclude halachically. (See Shu”t Tzitz Eliezer 6:38, which contains a careful analysis of the words of the Mishnah Berurah on this subject.) Thus, an individual should ask his Rav what to do in each case.

 

TRAVELING AND RETURNING

 

What does one do if he travels and returns within these days? Assuming that he began to recite ve’sein tal umatar on the Seventh of MarCheshvan because he was in Eretz Yisroel (and he followed those opinions that rule this way, or he changed his plans), does he now stop reciting it upon his return to chutz la’aretz?

 

This question is raised by the Birkei Yosef (117:6), who rules that he continues reciting ve’sein tal umatar when he returns to chutz la’aretz.

 

What does one do if he is reciting ve’sein tal umatar, and the community is not, or vice versa — and he would like to lead the services? Birkei Yosef rules that he should not lead the communal services; however, if he forgot and did so, he should follow his own version in the quiet Shmoneh Esrei and the community’s version in the repetition (Birkei Yosef 117:8). However, Rav Shlomoh Zalman Auerbach permitted him to lead the services, ruling that he follows the community’s practice in his public prayer, and his own in his private one (Halichos Shelomoh 5:21; note that according to Igros Moshe, Orach Chayim 2:23, 29; 4:33 he should not lead the services.).

 

Let us now examine some of the shaylos we raised above:

 

Question #1:

Yankel, who lives in New York, would like to lead services when visiting Eretz Yisroel during the month of November.

 

According to all of the opinions involved, when davening privately Yankel should not recite ve’sein tal umatar until it is recited in chutz la’aretz, since he does not live in Eretz Yisroel, does not have immediate family living there, and was not there on the Seventh of MarCheshvan. As explained above, according to most opinions, he should not lead the services, since he is not reciting ve’sein tal umatar and the congregation is, whereas according to Rav Shlomoh Zalman Auerbach, he may lead the services. According to Birkei Yosef, if he is in Eretz Yisroel on the Seventh of MarCheshvan, he should begin to recite ve’sein tal umatar then, since he now has a need for rain; he should continue to recite this prayer even when he returns to chutz la’aretz. However, in this case, when returning to chutz la’aretz, he should not lead services, according to most opinions, since he is reciting ve’sein tal umatar and they are not. If he forgot and led the services, he should recite ve’sein tal umatar in the quiet Shmoneh Esrei but not in the repetition.

 

According to the Pri Chodosh (Opinion #2 above), if he is in Eretz Yisroel on the Seventh of MarCheshvan, he should not recite ve’sein tal umatar, since he lives in chutz la’aretz. Following this approach, he should not lead services when in Eretz Yisroel, but he may resume when he returns to chutz la’aretz.

 

Question #2:

Does someone attending Yeshiva or seminary in Eretz Yisroel, recite ve’sein tal umatar according to the custom of Eretz Yisroel or according to the chutz la’aretz practice?

 

The answer to this question will depend upon which of the above-quoted authorities one follows. According to Opinion #1 (the Maharikash, the Radbaz) and Opinion #3 (the Birkei Yosef), they should follow the practice of Eretz Yisroel, since they need the rain, while in Eretz Yisroel, even though they are not permanent Israeli residents. According to Opinion #2 (the Pri Chodosh), if they are staying for less than a year, they follow the practice of chutz la’aretz, whereas if they are staying longer they should begin reciting it from the Seventh of MarCheshvan. Several people have told me that Rav Elyashiv, shlit”a, rules that they should recite ve’sein tal umatar while they are in Eretz Yisroel, unless they intend to return before the end of the rainy season.

 

Question #3:

Reuven lives in Eretz Yisroel but is in chutz la’aretz on the Seventh of MarCheshvan (the day that in Eretz Yisroel they begin praying for rain). Does he begin reciting ve’sein tal umatar while in chutz la’aretz, does he wait until he returns to Eretz Yisroel, or does he follow the practice of those who live in chutz la’aretz?

 

According to Opinions # 1 and #2, he should follow the practice of those living in Eretz Yisroel, but for different reasons. According to Opinion #1, the reason is because he knows that he will return to Eretz Yisroel during the rainy season and therefore follows this approach. According to Opinion #2, since he left Eretz Yisroel for less than a year he is considered an Eretz Yisroel resident.

 

Although it would seem that the Birkei Yosef would hold that he should not recite ve’sein tal umatar until the bnei chutz la’aretz do, it is not absolutely clear that he would disagree with the other poskim in this case. One could explain that he only ruled that one follows the bnei chutz la’aretz if he is there for an extended trip, but not if he is there for only a few weeks that happen to coincide with the Seventh of MarCheshvan. For this reason, when someone recently asked me this shaylah, I ruled that he should follow the practice of those dwelling in Eretz Yisroel. Subsequently, I found this exact shaylah in Shu”t Tzitz Eliezer, (6:38) and was very happy to find that he ruled the same way I had. (However, Halichos Shelomoh 8:19 rules that he should recite ve’sein tal umatar in Shma Koleinu and not in Boreich Aleinu.)

 

CONCLUSION

 

Rashi (Breishis 2:5) points out that until Adam HaRishon appeared, there was no rain in the world. Rain fell and grasses sprouted only after Adam was created, understood that rain was necessary for the world, and prayed to Hashem for rain.  Whenever we pray for rain, we must always remember that the essence of prayer is drawing ourselves closer to Hashem.

 

 

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