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Daily Moroccan Halachot
Rabbi Mordechai Lebhar, author Magen Avot
Redacted by Dr. Emile Amzallag
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Regarding the Thirteen Middot (“Hashem, Hashem, E-l Rahum Vehanun…”), it should be noted that they should be recited only with a Minyan. However, if one is simply reading them as though he were reading any other verse from the Torah with cantillation, this is permitted (Shulhan Aruch, O.H 565:5). Summary: One should concentrate properly when reciting Selihot. The Thirteen Midot should be said with a Minyan. Summary: During Elul one should increase one’s prayers and acts of Teshuva. It is written in Tanya Rabati that if one is reciting Selihot without a Minyan, one should not recite those sections which are in Aramaic. The reason given is that the angels do not comprehend Aramaic, and only in a Minyan is Hashem Himself present and can understand all languages. This is the opinion of several rabbis as well, including Rav Ovadia Yosef, and some communities follow this practice. Nevertheless, it is written in Teshuvot HaGeonim that even is there no Minyan, the Aramaic sections may be recited. Indeed, Rabbi Meir Mazuz explains that the the custom in Tunisia and other North African communities was to recite the Aramaic sections of Selihot even without a Minyan. Rabbi Ben Zion Abba Shaul agrees with this position and explains that even if the angels may not comprehend Aramaic, there is no disadvantage to saying those sections and perhaps those prayers will ascend to Hashem directly. Interestingly, the Pri Megadim and Rabbi Shlomo Zalman Auerbach (Halichot Shlomo, Hilchot Tefila, 17:12) both say that even for those communities that do not recite the Aramaic sections without a Minyan, if the Selihot commenced with a Minyan and some people left, the remaining congregants may continue reciting those sections Summary: The Aramaic sections may be recited without a Minyan. For those communities that do not follow this practice, if the Selihot began with a Minyan and people left, even they would be able to continue with the Aramaic sections. Elul is an auspicious month for examining one’s deeds and making Teshuva. The letters of the word Elul in Hebrew correspond to the initials of the verse “Ani LeDodi VeDodi Li” (Shir HaShirim 6:3), which means that Hashem is especially close to us during this month. The numerical value of the Sofe Tevot (the last letter of each word) of this verse is 40, corresponding to the number of days that Moshe Rabbenu went up to Mount Sinai to beseech Hashem for atonement. This is why we recite Selihot for 40 days-commencing in the beginning of Elul and culminating on Yom Kippur-just as Moshe Rabbenu did when receiving the second Tablets. The Arizal writes (Pri Etz Haim, Shaar Rosh Hashana, ch. 1) that the letters of Elul correspond to the initials of the verse “[VaAsher Lo Tzada VeHaElokim] Ina Leyado Vesamti Lecha [Makom Asher Yanus Shama]” (Shemot 21:13). In context, this verse explains that cities of refuge are to be provided for one who inadvertently killed one’s fellow as a form of protection from vengeful relatives. Therefore, Elul is symbolically a month in which we can seek refuge from any sins we may have committed inadvertently, and to ask for forgiveness for them. The Arizal also writes that Elul also stands for “Ye’alelun Et Ar’a”, the Aramaic translation of the verse dealing with the Spies’ scouting of the Land of Israel. As such, Elul is a month in which we need to “scout out” and take stock of our positive and negative deeds from the previous year. Finally, Sefer Amarcal explains that Elul stands for “Ish Le’Re’ehu Umatanot LaEvyonim”, the verse from Megilat Esther that talks about the gift-giving that happens on Purim, which also alludes to the fact that in Elul one should increase one’s good deeds to one’s fellows. Summary: Elul is a time when one should increase one’s good deeds and examines one’s previous actions, in preparation for Rosh Hashana. There are situations in which one starts off the Omer not being obligated in counting but at some point during the Omer becomes obligated. A classic example is a boy whose Bar Mitzvah falls during the Omer; previous to that point he was a minor and was not obligated but then becomes obligated afterwards. Other examples include someone who converts to Judaism in the middle of the Omer, or someone who has a surgical procedure and cannot count for one or more days. The main issue is, since one opinion holds that the entire forty nine-day period is one continuous Mitzvah, if one misses one day of counting the Mitzvah is disrupted and thus one may no longer continue counting with a blessing. The Sha’are Teshuva (O.H. 489:20), quoting the HIDA (Birke Yosef § 489), rules that one who becomes a Bar Mitzvah or who converts during the Omer, cannot continue counting with a blessing. They may, and should, continue counting without a blessing. This is consistent with the HIDA, who even posits that if one misses a day of counting, the previous days that one did count with a blessing may be considered a Beracha Levatala, a blessing in vain. However, the Sha’arei Teshuva explains that nowadays, many pre-Bar Mitzvah boys count the Omer with a blessing so as to train themselves in the Mitzvah and that there is a certain measure of importance even to these blessings. As such, in such a case, a boy who reaches Bar Mitzvah during the Omer would be permitted to continue counting with a blessing. Rabbi Ovadia Yosef (Yabia Omer, vol. III, § 28-29) disagrees with the Sha’are Teshuva’s position and says that a child who becomes Bar Mitzvah during the Omer may not continue counting with a blessing. Nevertheless, Rabbi Ben Zion Abba Shaul (Or LeZion, vol. I, § 36), Rabbi Shlomo Zalman Aurerbach (Halichot Shlomo, ch. 11, § 10), Rabbi Shmuel Wosner, Rabbi Nissim Karelitz and Rabbi Haim Kanievsky all rule that a child may indeed continue counting with a blessing. Unlike a child, who at least had the obligation of training in the Mitzvot, a convert has no obligation whatsoever to count prior to converting, and thus if one became Jewish during the Omer, one would not be permitted to count with a blessing for that year. Additionally, there is a debate regarding one who knows ahead of time of a surgical procedure and the like which will take place during the Omer during which one would not be able to count. On one hand, one is aware that the Mitzvah will be interrupted at some point and perhaps one should not even begin counting with a blessing, lest it be considered a Beracha Levatala. Nevertheless, Rabbi Ben Zion Abba Shaul says that, although the Mitzvah is described in the Torah as being seven complete weeks, in the case of one who foresees an operation, one’s counting up to that point is consecutive and complete. As such, he permits one in that situation to count each day leading up to the operation with a blessing. Summary: A boy who becomes Bar Mitzvah during Sefirat HaOmer may count with a blessing from that point on. One who converts during the Omer may not count with a blessing. One who knows that one’s counting will be interrupted at some point may go into the Omer and count with a blessing. Since the oil used in the Menora is designated (“Muktze”) for the purpose of a Mitzva, it should not be used for mundane purposes. As such, the Tur (Orah Haim § 677) explains that it is proper to collect any leftover oil that may have remained after the eighth night and burn it, so that one does not accidentally use it for mundane purposes. This is also the ruling of the Shulhan Aruch (Orah Haim 677:4), which states that the oil is collected and burned as a small bonfire. The Aharonim explain that, strictly speaking, this law only applies to the oil that was used during the requisite thirty-minute lighting period that was left over. For example, if one lit the Menora at Tzet HaKochavim and ten minutes later it was prematurely extinguished, this oil would need to be collected and burned after Hanukkah (unless it was used for the Menora on another night). If oil remained from after the thirty-minute period, however, it is not subject to burning since that is not considered to be technically part of the Mitzvah. Nevertheless, there is a custom to be stringent and burn any leftover oil, even if it was used after the thirty-minute period on any of the nights. Rabbi Shmuel Kamanetzky (Kovetz Halahot, pg. 218) notes that since the purpose of burning leftover oil is to prevent using it for a mundane purpose, one may discard any leftover oil by other methods as well, such as pouring it down the drain in a respectful manner, or by wrapping the oil goblets up and then placing them in a garbage bag. Summary: Any leftover oil from the Menora should either be burned or discarded in a respectful manner, such as wrapping it and placing in the garbage or gently pouring it down the drain. In general, Sepharadim follow the opinion of the Shulhan Aruch (Orah Haim 671:2), which says that regardless of the number of members in a family, the head of the household lights one Menora on behalf of everyone. The Ashkenazim follow the opinion of the Rama (ibid.), who says that each member of the household light one’s own Menora. There is a question as to whether a household member could opt out of fulfilling the Mitzvah via the head of the household and perform it oneself. This may be applicable if a household member arrives home later than the family lighting time, for example, and wishes to light oneself. Based on the Shulhan Aruch’s ruling, many later rabbis ruled that this would not be permissible since every household member’s obligation is automatically fulfilled when the head of the household lights. Furthermore, they explain that one who does light one’s own Menora who be reciting an unnecessary blessing. and that doing so would constitute an unnecessary blessing. Nevertheless, Rabbi Shalom Messas (Tevuot Shemesh, Orah Haim § 7 & Shemesh Umagen vol. 2, § 3) says that the reason the Shulhan Aruch rules against lighting multiple Menorot is only because it would not be evident to a passerby or an onlooker what day of Hanukkah it was. For example, on the first night of Hanukkah, if five family members light five individual lights, it may appear to an onlooker that it is the fifth day of Hanukkah. Rabbi Shalom Messas responds by saying that if the Menorot are placed sufficiently apart from each other, then it is clear even to an onlooker that these are separate lights. Regarding the issue of an unnecessary blessing, he references the law of Birkot HaShahar (Orah Haim 6:4) which states that even though one person is reciting the morning blessings aloud in the synagogue and everyone answers “Amen”, each person may recite one’s own blessings. Furthermore, he states that the issue of an unnecessary blessing would only apply to one’s wife since husband and wife are considered to be one unit vis a vis the candle lighting. Summary: One who normally would be acquitted by the head of the household may nevertheless light one’s own Menora, as long as one explicitly intends that one’s obligation not by fulfilled by the head of the household. The Gemara (Shabbat 23b) explains that one who is careful regarding the Mitzvah of lighting the Menorah will be granted children who are Torah scholars. Furthermore, it is explained that Rabbi Yitzhak Sagi Nahor (son of the Raavad) inquired of Eliyahu HaNavi that many people are careful regarding the Hanukkah lights yet most people do not have scholarly children. Eliyahu HaNavi responded that it only refers to those who are meticulous regarding all the laws and intricacies of the Mitzvah of Hanukkah. Additionally, he explained that the Gemara’s blessing is four-fold: that the person himself would merit being a Torah scholar, would have children, would have male children and would have children who are Torah scholars themselves. The Rama (Orah Haim 673:1) says that the choicest way (“Mitzvah min HaMuvhar”) to light the Menorah is with olive oil since this is essence of the miracle of Hanukkah. He adds that if one does not have olive oil, one may use any oil or even wax candles, which produce a clean and clear light. Olive oil has been used by numerous communities for generations for Hanukkah and Rabbi David Sitbon (Ale Hadas) writes that this was the custom in North Africa as well. Fortunately nowadays, olive oil is both readily available and affordable, but there is a question as to what exactly constitutes olive oil. Some products labelled as olive oil are actually the oil extracted from olive seeds, and although one would certainly fulfil one’s obligation, this would not be Mitzvah min HaMuvhar. As such, the ideal product is cold pressed extra virgin olive oil as this is most similar to what was used in the Bet HaMikdash. Summary: Ideally one should use cold pressed extra virgin olive oil for the Hanukkah lights, but one fulfills one’s obligation with other oils and with wax candles. It should be mentioned that although the ideal time to light is at Tzet HaKochavim, if the husband will be returning home later than that time, it is a universal custom to wait until he arrives before lighting. Summary: Wherever one will be as of Tzet HaKochavim is considered one’s home with regards to lighting the Menorah. An airplane is not considered a home and therefore one would be exempt from lighting if one were flying. The Gemara (Shabbat 23a, Sukka 46a) and later, the Shulhan Aruch (Orah Haim 676:1) rule that three blessings are recited on the Hanukkah lights: “Lehadlik Ner (Shel) Hanukkah”, “She’asa Nissim” and “Sheheheyanu”. There is a principle in the Gemara that when it comes to performing Mitzvot which have a blessing, the blessing is first recited and then that particular Mitzvah is performed immediately. In the case of Hanukkah, the blessing of the Mitzvah is “Lehadlik Ner Hanukkah”, while the other two that accompany it are blessings of praise and of thanks. According to one opinion, including the Rama (O.H. 676:2), all three blessings should be recited before the Menora is lit. Nevertheless, another opinion is that since only “Lehadlik Ner Hanukkah” is the blessing for that Mitzvah, and the other two are simply blessings of praise, the practice is to recite the first blessing, light the Menora and then recite the other two blessings while one is lighting. Rabbi Shem Tov Gagin (Keter Shem Tov vol. 2, § 522) explains that this was the custom in Israel, Egypt and cities in the Maghreb, including Morocco. Furthermore, the Siddur of the Rashash explains that there are Kabbalistic reasons for reciting the blessings this way. Rabbi Yaakov Hillel (Shu”t Vayashev Hayam vol. 1, § 11) supports this opinion with both simple and Kabbalistic proofs, but says that the last two blessings are only recited after the lighting the Menora is completed. Rabbi Yehoshua Maman was known to follow the practice of reciting all three blessings and then lighting the Menora. Rabbi Shalom Messas (Shemesh Umagen vol. 4, § 74) writes that he is uncertain of what the authentic Moroccan custom is, and it appears that both approaches are both legitimate variations of performing the Mitzvah. Summary: One custom is to recite all the blessings and then to light the Menora, while another custom is to recite the first blessing, light the Menora and then recite the other blessings as one is lighting. The Power of Prayer
What are some Customs of Elul?
May One Recite Selihot Alone?
What is the Significance of Elul?
Sefirat HaOmer: Converts and Minors
What Should be done with Leftover Oil?
May a Dependent Light One’s Own Menora?
Which Olive Oil is Preferable?
What if One Travels on Hanukkah?
Should One Recite all the Blessings Before Lighting?
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