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Daily Moroccan Halachot

Rabbi Mordechai Lebhar, author Magen Avot
Redacted by Dr. Emile Amzallag

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Daily Halachot Topics

Modeh Ani

There is a universal Jewish practice of reciting Mode Ani as soon as one arises in the morning even though it is not discussed in the Gemara or codified in the Shulhan Aruch. Rather, the source of Mode Ani is Rabbi Moshe ben Machir’s Seder Hayom (Seder Birkot Hashahar), and is also mentioned by other Aharonim, including the HIDA (Kesher Gudal, §1:1). The HIDA also adds a prayer that one should recite after Mode Ani in which one asks to be in control of one’s anger and that one not anger Hashem.

Mode Ani appears in Siddur Tefilat HaHodesh, which was commonly used in Morocco, although the wording is slightly altered. Rather than “Melech Hai Vekayam”, the version in this Siddur is “Melech Rahum Vehanum”.

The Kaf Hahaim (O.H. 4:107) cites Rabbi Haim Palagi (Yafe Lalev), who says that according to the Zohar one is not allowed to learn or recite any words of Torah before washing Netilat Yadaim in the morning. As such, this may present a problem, since Mode Ani is recited immediately upon waking up. Nevertheless, the HIDA (ibid.) brings an opinion that it may be recited before one washes one’s hands since Mode Ani is not considered words of Torah and does not mention Hashem’s Name. This indeed is the universal custom.

Summary: Although not formally codified, reciting Mode Ani upon waking is a universal custom. It may be recited before one washes one’s hands.

      modeh ani

Is the Tefilin Shel Yad Placed While Sitting or Standing?

The Rama (O.H. 25:11), cites Rabbi Ya’akov Landau (Sefer Ha’Agur) who quotes the Zohar (Parashat Bamidbar), and writes that there is an opinion that the Tefilin Shel Yad should be placed sitting, followed by the Tefilin Shel Rosh which is placed standing up. There is a general concept that for the most part, Mitzvot as well as their blessings should be recited standing up. Interestingly, Rabbi Yosef Messas (Mayim Haim, vol. II, § 93), quoting his uncle Rabbi David Messas, brings scriptural support for this concept from the verse (Tehilim 33:11): “Atzat Hashem Le’Olam Ta’amod”. Each letter of these words represents different Mitzvot such as Amida, Tzitzit, Tefilin, Lulav, Omer, Levana, Mila, Tekia, Eruv, Mekadesh (Kiddush) and Diberot (standing for the Ten Commandments), and the verse ends with the word “Ta’amod”, indicating that these acts should be performed while standing.

Regarding Tefilin, however, the Zohar (ibid.) states that the Tefilin Shel Yad is placed sitting down because it corresponds to all the prayers which are recited sitting down, while the Tefilin Shel Rosh corresponds to the prayer recited standing up, namely the Amida, and thus is placed standing up. The Arizal concurs and it appears that according to Kabbalah the custom is that the Tefilin Shel Yad is placed sitting down.

Regarding the Moroccan custom, Rabbi Shalom Messas (Tevuot Shamesh, Orah Haim, § 67 and Shemesh Umagen, vol. IV, § 6) and Rabbi Avraham Amar (end of Magen Avot) write that lay people would place both Tefilin standing up. Those that were more learned and were involved in the study of Kabbalah, on the other hand, would place the Tefilin Shel Yad while sitting. Nevertheless, Rabbi Yedidia Monsonego (Pirhe Shoshanim), Rabbi Itzhak Hazan (Yehave Da’at, vol. I, § 5) and Rabbi Yehoshua Maman (Emek Yehoshua, vol. I, § 34 )  write that the custom in Fes, Marrakech and Sefrou, respectively, was that everyone would place the Tefilin Shel Yad while sitting down, whether one was learned or not.

Given this dichotomy in customs, the Siddur Bet Oved says that one way to reconcile them is to recite the blessing of the Tefillin standing up and then to sit down to place the Tefilin Shel Yad. Nevertheless, although according to the basic interpretation of Halacha, both Tefilin are placed standing up, it seems as though the custom involved for most communities to follow the Kabbalistic approach and to place the Tefilin Shel Yad while sitting.

Summary: Unless one has a specific custom to place both Tefilin while standing up, the Moroccan custom is to place the Tefilin Shel Yad while sitting down, and the Tefilin Shel Rosh while standing up.

      tefilin standing

Tefillin: Which Hand?

      tefilin which hand

Asher Yatzar: Is there a time limit?

The Shulhan Aruch (O.H. 7:1) states that any time one relieves oneself throughout the day, one recites the blessing of Asher Yatzar, and does not recite “Al Netilat Yadayim” (except when one washes after waking up in the morning). Asher Yatzar gives praise to Hashem for the different wonders and intricacies of the human body. The Shulhan Aruch does not mention the amount of time one has to recite this blessing after relieving oneself, but the contemporary Poskimdo shed light on this.

The Ben Ish Hai (Parashat Vayetze, § 2) and Rabbi Ben Zion Abba Shaul (Or LeZion, vol. II, ch. 1, § 19) both rule that Asher Yatzar has to be recited “close to” when one relieves oneself, which they interpret as being within thirty minutes. If one did not recite in within that timeframe, one would not be permitted to recite for that particular instance. Nevertheless, the Siddur Bet Oved, which was commonly used in Morocco, cites a handwritten responsum from Rabbi Eliezer Nahum which says that one may recite Asher Yatzar as long as one does not need to use the restroom again.  The Sha’are Teshuva (O.H. 7:1) and the Mishna Berura (O.H. 7:1) both quote this opinion and Rabbi Ovadia Yosef (Yabia Omer, vol. VIII, Orah Haim, § 22:2)  writes that this is the Halacha and further brings proof from the Ritva (Pesahim 46) who says that even though Asher Yatzar is a blessing of thanksgiving, there is no issue in reciting it at anytime after one uses the restroom. Practically speaking, Rav Ovadia writes that one has at least 72 minutes, equivalent to the time it takes to walk a Parsa.

Summary: If one did not recite Asher Yatzar immediately, one may still recite it within 72 minutes. If one did not recite it within this timeframe, there is a Halachic basis to permit reciting it later than this time, so long as one does not feel the urge to relieve oneself again. 

      time span for asher yatzar

Exposed Tzitziot: Moroccan Custom?

If one wears a four-cornered wool garment, there is a biblical commandment to place a Tzitzit on each of those corners, and a Rabbinic commandment if the garment is something other than wool. In order to be able to fulfill this Mitzvah, many men wear a Tallit Kattan. [The regular Tallit is worn for this reason as well, although there is an added virtue of being wrapped in a Tallit during prayer]. The Shulhan Aruch (O.H. 8:11) states that the essence of the Mitzvah of a Tallit Kattan is that it be worn above one’s clothing so that one always sees it and remembers the commandments of the Torah. The Arizal, on the other hand, says that the Tallit Kattan should be worn underneath one’s clothing and this is the pervasive custom.

Regarding the actual strings of the Tzitzit, the Magen Avraham (O.H. 8:13) writes that based on the Gemara the strings should be placed outside of one’s clothing and should not be like those who stuff them into their pockets out of embarrassment. Those that follow the Arizal’s opinion say that even the strings of the Tzitzit have to be on the inside and they explain that the Magen Avrahamsimply meant that the strings should not be placed in a pocket but should be loose and underneath one’s garments.

Rabbi Moshe Malka (Mikve Hamayim, vol. III, §1) says that the original Moroccan custom was that the Tzitzit would be worn underneath one’s clothing and would not be exposed, and this was the custom among many Sephardic communities.  Similarly, Rabbi Shalom Messas (introduction to Petil Techelet) says that the Tallit Kattan was worn day and night, but it was never observed that ordinary people or Torah scholars would place their Tzitzit on the outside. Granted that many men at that time wore the traditional Djellaba, which was not conducive to wearing the Tzitzit strings on the outside in the first place, nevertheless it was not the custom. This is also the opinion of Rabbis Ezra Attia, Yehuda Tzadka, Mordechai Sharabi, Ben Zion Abba Shaul and others.

Rabbi Ben Zion Abba Shaul (Or LeZion, vol. II, ch. 2, § 2) and Rabbi Ovadia Yosef (Yehave Da’at, vol. II, § 1) point out that if one studies in a Yeshiva or is in a community in which the practice is to wear the Tzitzit strings on the outside, one is permitted to do so. Furthermore, if wearing them on the outside gives one encouragement to grow spiritually, especially if one lives among those that are less observant, then it is appropriate.

Summary: The Moroccan custom is for the strings of the Tzitzit to be wornunderneath one’s clothing and not to be exposed. There are circumstances in which wearing them on the outside is permissible.

      tzitzis outside

What if one’s Talit Falls?

The Shulhan Aruch (O.H. 8:14) states that if one removed one’s Talit, even with the intention to put it back on shortly afterwards, one must recite a new blessing when putting it back on. The Rama (ibid.), on the other hand, says that when one has in mind that one will put the Talit back on, removing it does not constitute an interruption, and therefore one does not recite a new blessing. The Shulhan Aruch (ibid:14) goes on to say that if one’s Talit slipped off unintentionally, one would only recite a blessing if it came off completely, but not if it came off partially.

The Kaf HaHaim (O.H. 8:58) cites the Ritva and Rabbenu Yona, who say that there is a solitary opinion not to recite a blessing even if the Talit slipped off completely, and invoke the concept of Safek Berachot Lehakel (avoiding the recitation of blessings in questionable situations). Rabbi Ovadia Yosef (Yabia Omer, vol. III, Yore De’a, §17) and Rabbi Ben Zion Abba Shaul (Or LeZion, vol. II, ch. 42, §11) concur and say that since there is a doubt in the matter one should not recite a blessing.

Although not explicitly stated in the writings of the Moroccan Poskim, they generally did not go out of their way to side with a solitary opinion which invokes Safek Berachot Lehakel. The Siddur Bet Oved even cites on opinion of the Magen Avraham which says that if one’s Talit slipped off and one was able to catch it by the Tzitzit there is evidence that one would need to recite a blessing. Therefore, all the more so if the Talit came off completely, one would need to do so. The Ben Ish Hai (Od Yosef Hai, Parashat Bereshit, § 3) also suggests that one should recite a new blessing if one’s Talit comes off.

Rabbi Ben Zion Abba Shaul offers a partial solution to this matter and says that if one’s Talit comes off unintentionally near the end of the prayer, one should simply leave it off and not enter a questionable Halachic situation. Another practical suggestion is to make sure that the Talit is properly sitting on one’s body in such a way that it is not likely to come off.

Summary: If one removed one’s Talit with the intention of putting it back on within a reasonable amount of time, one should not recite a new blessing over the Talit. If one’s Talit came off completely unintentionally, one should recite a new blessing.

      talit falling off

Kipa: Obligatory?

There is much discussion, especially among the Moroccan Poskim, as to whether covering one’s head is a Halacha, and that by not doing so one violates a prohibition, or if covering one’s head is simply a Midat Hasidut, a pious act beyond the letter of the law. The Shulhan Aruch (Orah Haim 2:6) writes that one should not walk a distance of four Amot (roughly 6 feet) or more with one’s head uncovered out of honor for Hashem’s Presence. The language of the Shulhan Aruch seems to imply that covering one’s head is a worthy act and that one should try not to go bare-headed, but does not go so far as to say that walking with a bare head is prohibited.

Indeed, the HIDA (Birke Yosef, § 2), based on the Zohar (Pinhas) understands the Shulhan Aruch to mean that it is a pious act and is only obligatory for a Talmid Hacham, a very learned person. Furthermore, Rabbi Ben Zion Abba Shaul (Or LeZion vol. II, ch. 7, § 13) and Rabbi Yosef Messas (Mayim Haim, Orah Haim, § 23) write that there is no obligation to cover one’s head when walking more than four Amot.

Nevertheless, Rabbi Shalom Messas (Tevuot Shamesh, Orah Haim, § 32) cites different sources from the Shulhan Aruch which indicate that covering one’s head is not a pious act, but rather a Halacha. He continues by saying that if one were to sit or remain in one spot, one would not be required to wear a Kipa. Rabbi Shlomo HaKohen of Debdou (Lecha ShlomoOrah Haim, § 7) also writes that covering one’s head is an obligation. It should be noted that if one were to recite a blessing or a prayer, even sitting in one spot, all authorities agree that one should cover one’s head.

The above discussion refers to situations in which wearing a Kipa would be considered normative. However, in situations where it is not considered the norm, one can be lenient and not wear a Kipa. For example, if one goes swimming, one is not obligated to wear a Kipa as long as one is at the beach or by the pool since it is not the norm to cover one’s head in such an instance. Also, in light of the disagreement whether a Kipa is obligatory or not, there is a spectrum of opinions as to how far one has to go to use an alternate head covering, like a cap, in locales where wearing Kipa could be dangerous or otherwise unacceptable.

Summary:  There’s a difference of opinion regarding the obligation to cover one’s head when walking beyond four Amot. One must wear a Kipawhen praying or reciting a blessing. One may be lenient when one is sitting or when one is in a place where wearing a head-covering is not the norm.

 

      wearing a kippah

Netilat Yadayim: At What Point is it Recited?

The Shulhan Aruch (Orah Haim 6:2) states that there is a custom to wait until arriving to the synagogue before reciting the blessing of Netilat Yadayim and the remainder of the Birkot Hashahar, but that the custom in Spain was not so. Indeed, the prevalent Ashkenazic custom is for the Shaliah Tzibbur to recite these blessings publicly and for the congregants to respond “Amen”. The rationale behind this Ashkenazic practice is the same as that of the repetition of the Amida, which is to fulfill the obligation of the congregants to recite these blessings should they not be proficient in reciting them. Even though most people are now proficient in reciting these morning blessings, the custom remained. The Sephardic custom, however, is to recite the blessings privately athome before going to the synagogue or at the synagogue before the Hazanstarts the prayer, but privately.

If one wakes up and needs to relieve oneself, one should first wash one’s hand with a vessel three times in an alternating fashion, without a blessing. [In fact one is not permitted to recite the blessing since one is considered “revolting” as long as one has not relieved oneself.] One should then proceed to relieve oneself and when one is finished, one should wash again three times in an alternating fashion and recite the blessing of “Al Netilat Yadayim”, followed by “Asher Yatzar”.  The Shulhan Aruch (ibid:3) says that one can then recite the remainder of the blessings afterwards before the prayer, starting from “Elokai Neshama”. This is the order cited in the Siddur Bet Oved.

Nevertheless, the Arizal’s opinion, quoted in the Ben Ish Hai (Parashat Vayeshev, § 2), and that of the HIDA (Kesher Gudal) is that Elokai Neshamashould be recited immediately after Asher Yatzar. Their logic is that a blessing should always begin with the words “Baruch Ata Hashem”, and since Elokai Neshama does  not, it is appended to the preceding blessing of Asher Yatzar, which does begin with those words. The Shulhan Aruch (ibid:3) on the other hand says that a blessing of praise, such as Elokai Neshama, does not need to begin with “Baruch Ata Hashem”, and as such, may be recited independently of Asher Yatzar.  That said, the Sephardic custom is to recite Elokai Neshamaimmediately after Asher Yatzar, and one can recite the remainder of the blessings afterwards.

If one woke up and did not need to relieve oneself, one could wash and recite “Al Netilat Yadayim” right away, followed by Elokai Neshama.

In regards to one who remained awake the entire night, the Kaf HaHaim (O.H. 46:49) writes that one may start reciting all the Birkot Hashahar as of Hatzot(Halachic midnight). Nonetheless, the Moroccan custom is to wait until right before the morning prayer before reciting them.

Summary:  When one wakes up, one should wash one’s hands in the prescribed manner, then proceed to relieve oneself. When finished one should then wash again and immediately recite “Al Netilat Yadayim”, “Asher Yatzar” and “Elokai Neshama”. One can then recite the remaining Birkot Hashahar at that point, or closer to the prayer, if one wishes. 

      when to say netilat yadayim

Talit: What Material?

Based on the ruling of Rav Nahman in the Gemara (Menahot 39a), the Shulhan Aruch (O.H. 9:1) says that one is Biblicallty obligated to have Tzitziot (fringes) on a four-cornered garment only if the garment is made of wool or linen. If a four-cornered garment is made of other materials, such as cotton or silk, one is required to have Tzitziot only on a Rabbinic level. This is also the opinion of the Rif and the Rambam. However, the Rama cites another opinion in Menahot and rules that a four-cornered garment of any material requires Tzitziot on a Biblical level, and this is a major difference of opinion between the Ashkenazic and Sephardic communities. Despite the Rama’s opinion, the Mishna Berura (O.H. 9:5) does state that one should strive to wear a wool Talit or Talit Katan in order to fulfill all opinions.

Practically speaking, one may wear a Talit Katan or Talit Katan T-shirt made of cotton but according to the the Sephardic approach, one would be fulfilling a Rabbinic Mitzvah only. Regarding the Talit Katan which is made of netting or mesh material, Rabbi Yisroel Belsky (Shulhan HaLevi) rules that one does not fulfill the Mtizvah of Tzitzit because the whole premise of a garment is something that covers and protects. Mesh material is mostly open space and as such does not fulfill the requirement of a garment. If possible one should attempt to avoid wearing such a Talit Katan. Furthermore, if one cannot wear a woolTalit Katan everyday, one can try and wear it at least on Shabbat to merit the Mitzvah on a Torah level.

The Shulhan Aruch (O.H. 9:5), based on the Rambam (Hilchot Tzitzit, 2:8), also says that it is proper that the Tzitziot of the Talit be the same color as the Talititself. Regarding Talitot that have black or blue stripes, the Pri Megadim says that that does not detract from this Halacha since the majority of the Talit is white, just like the Tzitziot. Although it is common to see people in the Sephardic community wearing all-white Talitot or Talitot with white stripes in order to conform to the Shulhan Aruch, this is an considered simply an enhancement of the Mitzvah and not something that is required according to the letter of the law. Indeed many sages in the Moroccan community were not particular of having a totally white Talit and it is worthy to note that the Talit of the Baba Sali had black stripes a well.

Summary:  One fulfills the Mitzvah of Tzitzit on a Torah level with a wool or linen garment, and on a Rabbinic level with other materials. One may wear a Talit with different colored stripes, as long as the majority of it is white.

 

 

      wool talit

 

Positioning the Tefillin Shel Rosh

The Torah requires wearing the Tefillin Shel Rosh (the head Tefillin) “Bein Einecha” – “in between your eyes.” It is clear from the Gemara that this verse is not to be taken literally to mean that one places the Tefillin on his forehead in between his eyes. In fact, the Gemara remarks that people who accept the literal meaning of this verse are deemed heretics, as they misinterpret the Torah. The true meaning of this verse is that one places the Tefillin Shel Rosh on his head parallel to the space in between his eyes.

Where precisely must the Tefillin Shel Rosh be situated?

Halacha requires that the entire box of the Tefillin Shel Rosh be positioned above the individual’s original hairline; no part of the box may protrude beneath the hairline. A man with a receding hairline may place the Tefillin Shel Rosh beneath his current hairline, provided that it does not extend beneath his original hairline. It should be emphasized that the Tefillin Shel Rosh must remain above the hairline, and not merely above the end of one’s hair. Meaning, the Tefillin box may not extend past the root of one’s hair, even if the hair grew and falls further down on his forehead.

How far back may the Tefillin be placed?

The Gemara mentions that the Tefillin may extend no further than the area on the head that is soft at childbirth. According to the Mishna Berura, this is determined by envisioning a line extending from the tip of one ear over the head to the top of the other ear. The Tefillin Shel Rosh may be positioned anywhere from the hairline until this imaginary line on the top of one’s head.

It is therefore advisable for a person to position his Tefillin higher, rather than lower, on his head. Since he may place his Tefillin as far back as the point mentioned earlier, whereas in front it may not extend past the hairline, one should place his Tefillin considerably above his hairline to ensure proper compliance with these laws.

One should make a point to occasionally adjust the straps of his Tefillin Shel Rosh to ensure that its size allows for its proper positioning on the head. Tefillin straps tend to stretch over the course of time, and they therefore require periodic adjustments. Furthermore, after a person’s hair grows or after he takes a haircut he will likely need to adjust the straps of his Tefillin Shel Rosh. Of course, someone who borrows Tefillin must ensure to adjust the straps to fit his head.

As mentioned earlier, the Tefillin Shel Rosh should be positioned in the center of the head, parallel to the space in between a person’s eyes, and not to the right or the left of that point. It is therefore recommended to keep a small mirror with one’s Tefillin so that he can ensure the proper position of his Tefillin Shel Rosh.

Summary: The entire box of the Tefillin Shel Rosh must be situated in between the person’s original hairline and the point on top of the head which is soft at childbirth; one may occasionally have to adjust the straps of his Tefillin Shel Rosh so that it can be positioned correctly. The box should be positioned in the center of one’s head, parallel to the space in between his eyes, and one should therefore have a small mirror so that he can ensure the proper position of his Tefillin Shel Rosh.

 

      Tefillin Shel rosh

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