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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

Is “Hashem Melech” an Interruption?

Relative to interrupting between Netilat Yadaim and HaMotzi, the laws of interruption for after HaMotzi are stricter. Just like any Birkat HaNehenin(blessings that are recited over foods, fragrances, etc.), one must recite HaMotziand then immediately eat the bread.  The Gemara (Berachot 40a) discusses two exceptions to this;  if one needs to ask for something that is connected to the meal, such as bringing salt to the table, then one may do so after reciting HaMotzi. Additionally, there is a Halacha that one must feed one’s animals before eating, and therefore if one needed to feed ones animals it would be permitted after reciting HaMotzi.
Another example of a permitted interruption is when one recites “Sheheheyanu” on a new food. One first recites the appropriate Birkat HaNehenin, thenShehehyenu and then partakes of the food. Since Sheheheyanu is connected to the first blessing it is not considered an interruption. The same applies to recitingHaMotzi and then the blessing of “Leshev BaSukkah” and then eating bread. As well, the Tur discusses a custom in the name of Rav Amram Gaon in which one recites the blessing of HaGefen, then a series of oaths, and ends off with the blessing of Hamavdil. These oaths were connected to the theme of Havdala and therefore were not considered an interruption.

There is a Moroccan custom for the head of the household to recite HaMotzi, then dip the bread in salt while reciting “Hashem Melech, Hashem Malach, Hashem Yimloch LeOlam Va’ed”, before eating the bread. Rabbi Shalom Messas (Shemesh Umagen), Rabbi David Ovadia (Nahagu Ha’am) and Rabbi Yeshoshua Maman all wrote that these verses are considered an interruption and should therefore be avoided. Nevertheless, Rabbi Moshe Malka (Shu”t Mikve HaMayim) writes that these verses are not an interruption and may be recited. Furthermore, Rabbi Michael Peretz defends “Hashem Melech” as an established custom connected to HaMotzi just like the oaths of Rav Amram Gaon are connected toHavdala as well as the aforementioned examples, and not a haphazard recital of verses.

Summary:  One should not make interruptions between the blessings ofHaMotzi and eating bread. There are opinions permitting the custom of reciting “Hashem Melech”.

How Many Times Must Each Hand be Washed?

The Shulhan Aruch (Orah Haim 162:1) says that when washing Netilat Yadaim, one should raise one’s hands. This is done because the water contacting the impure hands will itself become impure and will not be able to trickle back and transmit impurity to other parts of the hand. However, if one is washing with aRevi’it (roughly 3 oz., 86 mL) or more of water however, one need not raise one’s hands, and one need only wash each hand once. Indeed, Rabbi Shalom Messas (Shu”t Shemesh Umagen, vol. 2, § 71) explains that it was the custom of many rabbis in Morocco to only wash each hand once for Netilat Yadaim. Neverthless, the Kaf HaHaim (O.H. 162:2) explains that, based on Kabbalah, each hand should be washed three times, even when using more than a Revi’it of water.

Summary:   Although the common practice is to wash each hand three times for Netilat Yadaim, strictly speaking, one need wash each hand once, so long as one is using more than a Revi’it of water. 

 

Washing with Dipped Foods

In addition to Netilat Yadaim for bread, the Shulhan Aruch (Orah Haim 158:4) rules that whenever one eats food dipped into or wet by certain liquids, one must wash one’s hands without a blessing. These liquids are wine, honey, oil, milk, dew, blood (such as fish blood, which the Torah allows, but is prohibited because ofMarit Ayin, ie. how it will be perceived) and water, because these liquids have the capacity to transmitting impurity. The Rama (ibid.) goes further and says that only if the tip of the food is being dipped and one’s hands will remain dry, one still must wash. Even though the laws of ritual purity have been suspended, there is still a virtue of eating food in a state of holiness. As such, one who eats a wet apple, for example, would need to wash prior to eating it. Additionally, this is why one washes one’s hands without a blessing for the Karpas segment of the Seder, since it involves a vegetable being dipped into a liquid.
Nevertheless some Rishonim, including the Maharam of Rothenberg, are lenient with regards to this type of washing. As well, Rabbi Shalom Messas (Shu”t Shemesh Umagen, vol. 2, § 45:3) and Rabbi Shlomo Zalman Auerbach write that the custom nowadays is to be lenient. Rabbi David Ovadia (Nahagu Ha’am, Hilchot Berachot), on the other hand, writes that one may be lenient only if a segment of the food is wet but the portion that one is holding is still dry, such as dipping a tip of a cookie into tea.

Summary:  Although the Halacha is that one must wash one’s hands without a blessing when eating wet foods, there were many lenient opinions.

Why was Netilat Yadyaim Enacted?

The Mishna Berura (O.H. 158:1) explains that Netilat Yadaim was enacted for two main reasons. The first is that the Kohanim were Rabbinically obligated to wash their hands before partaking of Teruma (a type of priestly gift) since the laws of ritual purity and impurity were in effect when the Bet HaMkidash stood. This Sages therefore extended this requirement to wash to any Jew who wishes to eat bread so that everyone could be accustomed to eating in ritual purity. The Levush (ibid.) explains that one is required to wash one’s hands specifically for bread because the main component of Teruma was grain-based.

The second reason for Netilat Yadaim is based on the verse “You shall sanctify yourselves and be holy” (Vayikra 20:7), which teaches that one should be accustomed to eating in a spirit of cleanliness and holiness. The Shulhan Aruch (Orah Haim 158:1) codifies the law of Netilat Yadaim and mentions that it should be done regardless of the ritual status of one’s hands.
The Shulhan Aruch (Orah Haim 158:9) explains that one who is flippant aboutNetilat Yadaim is liable to banishment from the community, is at risk of poverty and, because one is not heeding our Sages’ enactments, is taken prematurely from this world. Even practically speaking, Netilat Yadaim is likely responsible for having prevented countless plagues over the centuries which were transmitted on people’s hands.

Summary: One should wash Netilat Yadaim with a sense of reverence.

 

 

 

Bibhilou: What’s the Significance?

Magid is the Mitzvah of relating the story of the Exodus from Egypt and is the central portion of the Seder. The words “Bibhilou Yatzanu MiMitzrayim” (Aramaic for “in haste, we left Egypt”) are written in the Rambam’s Hagada (Hilchot Hametz Umatza, Nusah HaHagada), and many authentic Sephardic Hagadot incorporate this text. As a segue into the Magid section, there is a Moroccan custom to chant “Bibhilu” while the head of the family passes the Seder plate over the heads of those present. Rabbis Yosef Benaim (Noheg Behochma) and  Baruch Toledano (Kitzur Shulhan Aruch, pg. 147) attest to this longstanding tradition in the Moroccan community. Furthermore, the student of the Rosh’s son, Rabbi Itzhak El Khadab (Hagada Pesah Ledorot) writes that even by the thirteenth century there was a custom in Spain to pass the Seder plate over the heads of the children who were present at the Seder. Rabbi Haim Palagi (Haim Lerosh) discusses this custom, and the HIDA attests to the presence of this custom in Tunisia.

​There is great importance placed on rousing the curiosity of children at the Seder, so that they may pose questions and further enhance the telling of the Exodus from Egypt. The Shulhan Aruch (Orah Haim 472:16) gives the example of handing out treats to children so that they notice a difference from regular meals, and then ask questions. In a similar vein, Rabbi Ithzak Hazan (Hagada Ko Lehai) cites Rabbenu Simha, who says that by raising the Seder plate, there is a departure from the normal events that take place at a typical meal, thereby encouraging the children to inquire.  Another reason, writes Rabbi Yosef Benaim (ibid.), is that the plate raised above the attendees’ heads is symbolic of the Anane Hakavod (lit. “Clouds of Glory”) which protected the Jewish people when they left Egypt.  Rabbi Haim Palagi says that, on a Kabbalistic level, there are ten Sefirot (lit. “Divine Attributes”) which are alluded to in the ten items on the Seder plate, as described by the Arizal. When lifted, the blessings from these Sefirot emanate from the plate and rest upon those present at the Seder table.

Summary:  Raising the Seder plate over the heads of those present at the Seder while chanting “Bibhilou” is a well established and ancient custom.

 

      ‘s the Significance

Must a Megillah Have an Amud?

The Gemara (Bava Batra 13b, Yerushalmi Megillah 1:9) rules that a Megillah scroll must be attached to a bar or stick (“Amud”) on one side, around which is rolled and a A Torah scroll must have two bars, one on either side. This is codified in the Shulhan Aruch (Orah Haim 691:1).  The Rama (ibid.) adds that the custom in Ashkenazic lands was to not obligate the Amud on the Megillah, although the source of this opinion is unknown. Indeed, the Vilna Gaon questions this practice and says that one does not fulfill the Mitzvah of the Megillah by reading from one without a bar. Some Poskim side with the Rama and explain that the Megillah is described (Esther 9:26, 29) as an “Igeret” (a lette)r, which normally does not contain any Amud.

​One practical implication of this discussion is someone of Sephardic background who reads the Megillah with Ashkenazim who use a non-Amud Megillah. Rabbi Ben Zion Abba Shaul rules that such a person should not recite the blessings over that Megillah, but he implies that one’s obligation to hear the Megillah would still be fulfilled with such a Megillah. Rabbi Ovadia Yosef (Hazon Ovadia, pg. 242) quotes Rabbi Shlomo Duran (Shu”t Rashbash § 579) who rules leniently and says that one may in fact fulfill one’s obligation with a non-Amud MegillahBediavad (post facto). If one has a Megillah without an Amud one may attach a bar, ideally using stitches made of sinew. Nevertheless, Rabbi Ovadia Yosef (ibid.) does permit using flax or other materials, which implies that one could hypothetically use tape as well. Furthermore, Rabbi Moshe Toledano (Shamayim Hadashim, § 92) permits attaching the scroll hides and the Amud using materials other than sinew.

Rabbi Itzhak Ben Oualid (Vayomer Itzhak, Orah Haim, § 41) answers a question about using a Amud made from an elephant tusk in a Torah scroll. In this matter he rules that one should be strict and not use it since the Torah scroll has to be from a pure animal. Furthermore, he suggests that it may be preferable to use a Torah with no Amud at all rather than one with an ivory Amud. Thus, one can infer that there is room to be lenient when using a Megillah with no Amud in certain situations.

The Shulhan Aruch (Orah Haim 691:9) also writes that a Megillah which has Nekudot (vowel punctuation) is not invalid and could be used if one can not read a non-vowelized Megillah. The Bet mentions that a non-vowelized Megillah, however, is preferable. It should be noted that a vowelized Torah scroll is not valid.

Summary:    A Megillah should have an Amud. One may attach a bar on one side, even with attachments other than sinew. There is room to be lenient, however, if one only has a Megillah with no Amud.

 

      Megillah with an Amud

What is the Spiritual Significance of Lag BaOmer?

Every one of the forty-nine days of the Omer is characterized by a different combination of Hashem’s Attributes; Lag BaOmer’s combination is “Hod Shebehod” (“Eminence within Eminence”). The Vilna Gaon (Sifra D’Tzniuta) writes that the Attribute of Hod is composed mostly of the quality of Divine Judgement and partly of Mercy. Rabbi Shimon Bar Yohai said that the merit of him and his son Rabbi Elazar were able to protect the entire world from Hashem’s harsh judgement. In other words, they had this ability because they had reached the ideal state of man that Hashem had intended when He created the world. It is for this reason that the song “Bar Yohai” says “Na’ase Adam Ne’emar BaAvurecha” (lit. “[the words from Parashat Bereshit] ‘Let us make man’ were said regarding you”).

It is a common custom to recite Mizmor 67 (“Lamnatzeah”) after counting theOmer. After the opening verse, there are forty-nine words, each corresponding to the days of the Omer. The word from the Mizmor that corresponds to Lag BaOmeris “Elokim”, the Name of Hashem which signifies Divine Judgement.  After the Flood, Hashem made of covenant with Noah, memorialized by a rainbow, that even if the world were to sin He would not destroy the world again. When Rabbi Shimon was alive, a rainbow was never seen, because his own merit was enough to assuage Hashem’s Divine Judgement.

The Gemara (Gittin 67a) relates that the corpus of Oral Torah as we know it was received and then disseminated by Rabbi Akiva, but after his students died, only Rabbi Shimon Bar Yohai was able to take over its continuity. As such, Rabbi Akiva revealed to him not only the standard oral Torah but the inner secrets of the Torah as well. Furthermore, Rabbi Shimon testified that he received all the best character traits of his master Rabbi Akiva. There are thirty-two days leading up toLag BaOmer, which has a numerical value of Lev (“heart”), and represents the transmission of Torah up until the time of Rabbi Shimon. From Lag BaOmer toShavuot, there are seventeen days, which has a value of Tov (“good”) and represents the era ushered in by Rabbi Shimon’s revelation of the secrets of the Torah. Together, these words come together to form the best of quality traits as mentioned in Pirke Avot (2:10), Lev Tov, a good heart. 

Summary:   Lag BaOmer celebrates the merit of Rabbi Shimon Bar Yohai and the continuity of the Oral Torah.

 

      What is the Spiritual Significance of Lag BaOmer

Lag BaOmer and Haircuts

 

The Gemara (Yevamot 62b) relates that Rabbi Akiva’s 24,000 students died between Passover and Shavuot because they lacked respect for one another. Consequently this became a period of semi-mourning in which weddings are not held and people refrain from haircuts. One the 33rd day (Lag) of the Omer the students stopped dying and the this is when the mourning period ceases.  The Pri Hadash inquires: The only reason the students stopped dying on Lag BaOmer is because there were no more students left! Therefore Lag BaOmer perhaps should not be a day for celebration. The Arizal answers that on Lag BaOmer we celebrate the fact that the Oral Torah that we have to this day was restored and preserved by the five remaining students of Rabbi Akiva, including Rabbi Shimon Bar Yohai. Furthermore, Lag BaOmer is the Hilula (day of passing) of Rabbi Shimon Bar Yohai, which in itself is festive.

As mentioned above, one of the restrictions during the Omer is having a haircut. The Shulhan Aruch (Orah Haim 493:2) says that one should wait until at least the morning of the 34th day (Lamed Daled) of the Omer to get a haircut, even though the students stopped dying on the 33rd day. The Rama (ibid.) rules that in the Ashkenazic lands the custom is to permit haircuts on Lag BaOmer. The Pri Hadash rules like the Rama because he reasons that  since the 33rd day is considered joyous, then there is no reason to wait till the next day. As for the Moroccan custom, some cities (Tangiers, Tetouan etc.) ruled like the Shulhan Aruch while other cities (Fes, Sefrou, Meknes, etc.) relied on the opinion of the Pri Hadash. According to the Arizal and those who follow Kabbalah, one should wait until Shavuot to have a haircut.

Summary: Whoever has a custom to take a haircut on the the 33rd day of the Omer may do so, otherwise one should wait till the 34th day. 

 

      Lag BaOmer and Haircuts

Doing What One’s Host Wishes

The Shulhan Aruch (Orah Haim 170:5) rules that a guest is obligated to do whatever the host tells him to. This is based on the Gemara (Pesahim 86b), which records the same teaching and adds the words “except for leave” in parenthesis. According to the Meiri, this emendation was added by a by what he terms a “clown” and may not be meant to be taken seriously. The Zohar, however, also records those additional words and therefore they require deeper analysis. If a host wishes for a guest to leave, how could the notion of ignoring the host’s wish be entertained ?

One explanation, offered by the Sfat Emet and the Vilna Gaon, is that the sentence should be understood as follows: “A guest must heed his host’s commands only in if said explicitly, except for ‘leave’”. In other words, even if the host does not tell his guest to leave outright, but merely hints at it, the guest should have enough common sense to understand and follow suit. The Hafetz Haim (Biur Halacha, O.H. 170:5), quoting the Bait Hadash and the Magen Avraham, explains that one should follow any directive one’s host, even if it is something that is beneath one’s dignity. One does not, however, have to heed a command to go to a certain place if that would lead one to do things that are beneath one’s honor, such as asking for directions or navigating an unfamiliar area.

The Mishna Berura (O.H. 170:16) explains that if one practices a certain stringency which is based on avoiding a possible prohibition, such as avoiding all vegetables so as not to accidentally ingest an insect, then one is not obligated to forego that custom if asked to do so by the host. If the stringency is simply an act of asceticism, such as fasting on a regular day, or a stringency beyond the letter of the law, then it should be relaxed if requested by the host. A practical application of this idea is that if one avoids foods with a certain Kosher certification because one considers it of a lesser standard, then one does not have to eat such foods even if asked by a host. If, on the other hand, the Kosher certification is considered Halachically acceptable and one avoids it for one’s own  stringency, then if offered such food by a host, one should acquiesce.

Summary:     One should heed any request or offer made by one’s host. If one has a stringency that is based on avoiding a certain prohibition, and not simply a stringency done in the name of self-discipline, one does not have to forego the stringency, even if asked by one’s host.

Do Women Recite Hallel?

Besides the Hallel that is recited during the Seder, the Shulhan Aruch (Orah Haim 487:4) writes that on the first night of Pesah (and on the second night as well, in the diaspora), Hallel is chanted at the synagogue with a blessing. The basis of this practice is written in Masechet Sofrim (20:9) and is as a commemoration for the miracles that took place in Egypt. Rabbi Itzhak Soloveitchik (Sefer HaGriz on the Rambam) explains that this particular Hallel has the special status of a Shira (commemorative song). The Rama (ibid.) records that there was no such custom in the Ashkenazic lands to recite the Hallel at the synagogue.

There is debate among the Poskim as to the obligation of women in this particular Hallel. Rabbi Ovadia Yosef (Yehave Da’at, vol. V, § 34) rules that, since women were also involved in the miracles of Pesah and are therefore obligated in all the Mitzvot of the Seder, they are similarly obligated in the recital of Hallel, with a blessing. Nevertheless, the Ish Matzliah edition of the Mishna Berura (§ 487) cites several Rishonim, including the Meiri (Pesahim 117a), who explain that in the time of the Bet Hamikdash, Hallel was recited during the slaughtering of the Korban Pesah. Although women partook of the Korban Pesah, they were not involved in its slaughtering, and therefore, would be exempt from reciting Hallel. If they wish to recite the Hallel, they explain, they may do so without a blessing.

​Another consideration is that the Hallel at night was only instituted to be recited at the synagogue after Arvit. Although the Kaf HaHaim (O.H. § 487) states that even an individual who does not pray at the synagogue on the night of Pesah nevertheless recites Hallel, since women are typically not at the synagogue at this time nor are they part of the Minyan, this Hallel never applied to them.  Additionally, Rabbi Yehuda Ayash (Bet Yehuda, vol. II) writes that a person not praying with a Minyan does not recite a blessing on this Hallel and therefore, all the more so a women who does not pray with a Minyan should not recite it.

Furthermore, many Poskim, including Rabbi Pesah Eliyahu Falk (Mahze Eliyahu, § 22), rule that even though women are obligated in the Mitzvah of the Hanukkah candles because they were part of the miracle, they are nevertheless exempt women from Hallel of Hanukkah.  Similarly, they should be exempt from Hallel after Arvit on the night of Pesah. The Moroccan custom appear to be that women do not recite Hallel at night, and if they wish to do so it would certainly not be with a blessing.

Summary: Besides the Hallel of the actual Seder, women are not obligated in reciting Hallel on the night of Pesah. If they wish to recite it, they should do so without a blessing.

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