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Daily Moroccan Halachot
Rabbi Mordechai Lebhar, author Magen Avot
Redacted by Dr. Emile Amzallag
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The Shulhan Aruch (Orah Haim 232:1) says that if time is pressing, the congregation should recite the silent Amida of Minha and then the Shaliah Tzibur should recite only the first three blessings during his repetition of the Amida. Nevertheless, the Bet Yosef (§ 234…not 232?) points out that this is not the custom, but rather the congregation recites the first three blessings together, then continue the Amida silently until “Retze” and “Modim”, which is again recited in unison. In this way, the silent Amida is fulfilled as is the obligation to pray with a Minyan. Although our Sages instituted that the Amida should be repeated by the Shaliah Tzibur, the Rambam (Shu”t Pe’er Hador, § 148), Rabbi Shlomo Duran (Shu”t HaRashbash, § 56) and the Rabbi Moshe di Trani (Shu”t HaMabit, § 190) all write that if everyone in the congregation is proficient in the prayer, the repetition could be skipped if necessary. Indeed, Rabbi David Ovadia (Nahagu Ha’am, Tefilat Shaharit UMinha, § 19), Rabbi Yitzhak Hazan (Yehave Da’at) and Rabbi Baruch Avraham Toledano (Sha’alu LeBaruch, § 42) write that the custom in Morocco was to be lenient with repeating the Amida if time did not permit. It should be noted, however, that on a Kabbalistic level, there is great value to reciting the Amida silently and then for it to be repeated aloud by the Shaliah Tzibur. Another benefit of repeating the Amida, the Rishonim write, is that one is able to recite Modim DeRabanan, which is one of the main purposes of the repetition. Interestingly, Rabbi David Cohen–Scali (Kiryat David Hana, vol. II, § 1) a difference between the Ashkenazic and Sephardic custom is when the congregation begins reciting the silent Amida when there is no repetition. In the Ashkenazic custom, the Shaliah Tzibur recites the first three blessings and the congregations responds, and then each person recites the silent Amida from the beginning. In the Sephardic custom, each congregant begins the silent Amida along with the Shaliah Tzibur’s recitation of the first three blessings. The question is raised as to how a Sephardic person should conduct oneself when praying in an Ashkenazic Minyan when the Amida is not repeated. Practically speaking, it would appear that one should not begin the silent amida along with Shaliah Tzibur, but rather begin the silent Amida after the Shaliah Tzibur’s recitation of the first three blessings, just as the other congregants in such a synagogue do. Furthermore, in prayers which contain Birkat Kohanim, such as Shaharit or Mussaf, if the Amida is not to be recited, the Moroccan custom is for the Shaliah Tzibur to recite the abridged version (“Elokenu Veloke Avotenu Barechenu Baberacha…”) out loud. Summary: Although there is great value to the Shaliah Tzibur repeating the Amida, if there are time constraints, the custom is to be lenient and forego the repetition. The Sephardic custom is for the the entire congregation to begin reciting the silent Amid along with the Shaliah Tzibur. There is a general principle that one should not engage in eating in the time immediately preceding the performance of a Biblical Mitzvah, as one may become engrossed in the meal and forget to perform the Mitzvah. The generally accepted Halachic amount beyond which one should avoid eating is a Kabetza. Similarly, the Shulhan Aruch (Orah Haim 235:2) says that one shouldnot begin eating a half hour before the time of the Shema at night, that is, at Tzet Hokochavim. If one started eating within that half hour, one should recite the Shema at its proper time and one may may continue one’s meal. After the meal, the Shulhan Aruch continues, one may recite the actual prayer of Arvitand repeat the Shema with its blessing. If one must eat within that half hour, ideally one should ask someone else to remind one to recite the Shema at its proper time. If this is not possible, many Poskim are of the opinion that setting an alarm on one’s phone, watch, etc. would also suffice. The Ben Ish Hai (in the newly published Mekabtziel) discusses a challenge he had in Bahgdad in which the congregation prayed Friday night Arvit early. Since they did not recite Sefirat Haomer or Keriat Shema (that is, they recited Shemaduring the prayer but not the Shema at its proper time) because of the early prayer time, it was questionable whether they would be able to start their Shabbat meal. He suggests an original idea that in such a situation, one may start his meal provided he does not eat more than a Kabetza of bread, prior to reciting the Shema. When the time comes, one should recite the Shema and Sefirat Omer and then resume one‘s meal and eat more bread. Summary: One should not eat more than a Kabetza of bread within a halfhour of reading Shema at night.
The Arvit prayer consists of the Shema and its blessings, followed by the Amida. There are situations in which one arrives to the synagogue for Arvit and finds that the congregation is already at the Amida. In such a case the Shulhan Aruch (Orah Haim 236:3) states that one may join the congregation for the Amida, and then go back and recite the Shema with its blessings. In Shaharit there is great value to reciting the Amida immediately after the blessing of “Ga’al Israel” and is known in the Gemara (Berachot 4b) as adjoining Geula, redemption with Tefila, prayer. During Arvit, this adjoining is not as critical and as such, the Bet Yosef says that one may reverse the order in order to recite the Amida with the congregation if one arrives late. Interestingly, the Kaf HaHaim (O.H. 236:22) has a novel take on this and says that on a Kabbalistic level, it is preferable to recite Arvit in the normal order, even if it means losing out on praying with a Minyan. Rabbi Ben Zion Abba Shaul (Or LeZion, vol. II, ch. 15, § 10) agrees with this approach. Nevertheless, Rabbi Haim Palagi (Ruah Haim, O.H. 236:1 & Kaf HaHaim) and Rabbi Eliezer Papo (Hesed La’alafim, O.H. 236:7) write that there is no issue with reciting the Amida with the Minyan and then reciting the Shema, either on a strictly Halachic basis or on a Kabbalistic lavel. As well, Rabbi Ovadia Yosef (Yabia Omer, vol. IX, Orah Haim § 108) disagrees with the Or LeZion and rules like theShulhan Aruch. The Moroccan Poskim do not mention the position of the Kaf HaHaim, suggesting that the custom is to follow the Shulhan Aruch. Rabbi Baruch Toledano (Kitzur Shulhan Aruch), who usually bases himself off the Kaf HaHaim, actually quotes the Shulhan Aruch’s position, and only afterwards quotes the Kaf HaHaim‘s novel interpretation. He concludes that if one has the ability to find another Minyan which is praying Arvit, that would be optimal. Therefore, there is a strong Halachic basis for someone to follow the Shulchan Aruch and pray the Amida with the congregation and then recite the Shema with its blessings. Summary: If one starts praying Arvit by the time the Minyan has reached the Amida, one should recite the Amida with congregation and then go back and recite the Shema with its blessings. The Shuhan Aruch (O.H. 37:1) writes that there is great reward for donning Tefilin, but that one who willingly does not wear is considered to be among those who sin with their body. The Shulhan Aruch (O.H. ibid:2) goes on to say that ideal way to fulfill the Mitzvah of Tefilin is to don them the entire day. Nevertheless, since people experience bodily functions throughout the day, including passing gas, it would be inappropriate to wear them all day. Furthermore, Tefilin require proper concentration, which cannot realistically be maintained throughout the day. As such, the practice is not to wear Tefilin all day but rather to don them once and remove them after praying. That being said, the Ben Ish Hai (Parashat Haye Sarah, § 11) says that one should leave on one’s Tefilin after the prayer and learn some Torah, because by doing so, one acquires one’s Nefesh, Ruah and Neshama (different levels of one’s soul). Additionally, the Kaf HaHaim (O.H. 25:90) writes that by learning with wearing the Tefilin specifically in the synagogue, one becomes enveloped by a Divine flow of spiritual energy. One question that arises regards the donning of Tefilin during Minha of a public fast. According to the Moroccan custom, Tefilin are donned at this time. If someone is praying in a community where this is not the custom but wishes to do so oneself, it may be considered in violation of Lo Titgodedu. This Mitzvah prohibits creating factions among Jews when some observe one law while others follow another law. Nonetheless, in this case, the community does not oppose wearing Tefilin during Minha or all day for that matter, but rather because of specific reasons did not have the custom to re-don them in Minha. Indeed, in an ideal situation one should wear Tefilin all day including Minha. Therefore, Rabbi Ben Zion Abba Shaul (Or Lezion, vol. II, ch. 3, § 12) writes that one may wear Tefilin in Minha of a public fast even if among a community that does not do so and would not be in violation of Lo Titgodedu.
Summary: One should strive to keep on one’s Tefilin after the prayer even for a short while and to learn some Torah. One may wear Tefilin during Minha of a public fast if praying in a community that does not wear Tefilin at that time. The Shulhan Aruch (O.H. 37:3) states that a father must purchase Tefilin for a minor who can control himself from falling asleep, passing gas or going into the bathroom while wearing them, in order to train him in this Mitzvah. Based on this ruling, it was common in Morocco for boys to celebrate their Bar Mitzvah by wearing Tefilin and being called up to the Torah before the age of thirteen. This is echoed in Siddur Bet Oved (Hilchot Tefilin, § 4). Rabbi Yosef Messas (Otzar Hamichtavim, vol. III, § 843) writes that a boy could begin wearing Tefilin as early as age seven, although more commonly it was done at eleven years old or so. (c.f Rabbi Yosef Messas Mayim Haim, vol. II, § 1). Interestingly, in Morocco, one’s Bar Mitzvah was called simply “Tefilin”. It goes without saying that even though the rite of passage was observed at an earlier age, one only acquires the Halachic status of an adult as of age thirteen. The Rama (ibid) mentions that one should wait until one is specifically thirteen years old before starting to wear Tefilin, and Rabbi Yitzhak Ben Oualid (Vayomer Yitzhak, Orah Haim, Hilchot Sefer Torah, § 15) writes that one should wait till this age before being called up to the Torah. Nonetheless, the custom was to allow it earlier as mentioned above. Regarding “Sheheheyanu”, the Shulhan Aruch (O.H. 22:1) writes that one recites this blessing when donning a new Talit for the first time. Rabbi Yitzhak Ben Oualid (ibid., Hilchot Berachot, § 23) and Rabbi Shlomo Dayan (Ateret Shlomo, § 3) says that this blessing would be recited when placing Tefilin for the first time and this appears the custom. Rabbi Chaim Pinhas Scheinberg is of the opinion that “Sheheheyanu” is not recited since an animal had to die for the Tefilin to be made, which takes away from the requisite joy to recite this blessing. Rabbi Shalom Messas (approbation to Ateret Shlomo), writes that in Meknes, Morocco, the custom was to have the child don the Talit followed by the Tefilin and then to recite “Sheheheyanu” on the Talit and have in mind to exempt the Tefilin. Summary: A child may begin wearing Tefilin with a blessing before the age of thirteen, so long as he knows how to control his bodily functions. A Bar Mitzvah boy recites “Sheheheyanu” over a new Talit and has in mind that the Tefilin is included in this blessing The Gemara (Berachot 21a) learns from the verse (Devarim 32:3) “Ki Shem Adona-i Ekra Havu Godel Lelo-henu” that there is a commandment to recite a blessing before studying Torah. Although there are opinions which state that this blessing is rabbinic in nature, the Rambam and others maintain that there is a biblical commandment to recite a blessing before learning Torah. As such, the Shulhan Aruch (O.H. 47:1) states that one must be very mindful about reciting Birkot Hatorah and about not learning any Torah before they are recited. Furthermore, the Bet Yosef (§ 47) implies that Birkot Hatorah is a type of Birkat Hamitzvot; just as one recites a blessing before performing other Mitzvot such as shaking a Lulav or donning Tefilin, one recites a blessing before performing the Mitzvah of learning Torah. It should be noted that “Birkot” implies that there are more than one blessing included in this commandment and indeed there are three which are recited immediately after Birkot Hashahar: “Asher Kideshanu Bemizvotav Vetzivanu Al Divre Torah”, “Veha’arev Na”, and “Asher Bahar Banu”. One practical implication of Birkot Hatorah being a Torah commandment is if one is in doubt as to whether one recited them or not. Normally, if there is doubt regarding a blessing, the principle of “Safek Berachot Lehakel” is invoked. In other words, since reciting Hashem’s Name in vain is considered a serious offense, it is preferable to not repeat a blessing in cases of doubt. For example, if one were unsure whether one recited “Asher Yatzar”” after using the restroom, it is preferable to not recite it (again) at all. However, since Birkot Hatorah is biblical in origin, the Mishna Berura (O.H. 47:1), quoting the Sha’agat Aryeh, states that if one was unsure if one recited them one would be required to repeat them. The HIDA (Mahzik Beracha) writes that some rabbis posit that Birkot Hatorah are rabbinically-ordained and therefore if there is doubt as to whether they were recited, one would take into account Safek Berachot Lehakel, and not recite them. Another implication is whether or not Birkot Hatorah need to be repeated later on in the day if one resumes learning Torah after coming home from work or some other interruption. The Shulhan Aruch (ibid:10) rules that if one has in mind to return to one’s learning after working, bathing, etc., then then they need not be repeated. Practically speaking, however, Birkot Hatorah are not repeated even if one did not have the express intent of continuing one’s learning later on. It should also be highlighted that it is not permissible to study Torah unless one has recited the requisite blessings. Therefore, if one is becoming more observant and does not yet recite the morning blessings but wishes to attend Torah classes, it is proper for such a person to be taught to recite Birkot Hatorah early on. If there are sensitive issues at play or if one does not want to impose too many Mitzvot at once on someone who is becoming more observant, Rabbi Shlomo Zalman Auerbach (Halichot Shlomo: Birkat Hatorah) says that one can be lenient and not require them to recite these blessings from the get-go. Summary: If one is unsure whether one recited Birkot Hatorah or not, one should not recite them again. If possible once should have one’s obligation fulfilled by someone else who is reciting them and who has one in mind. One does not repeat Birkot Hatorah if one resumes one’s learning later on in the day. One should not learn Torah unless one recites Birkot Hatorah first. The Shulhan Aruch (O.H. 47:2) states that Birkot Hatorah are recited whether one will study Tanach, Mishna, Gemara, and according to the Rama (ibid.), Midrash. Indeed, when one recites Birkot Hatorah in the morning, one immediately recites verses from the Torah so that the blessings take effect on some sort of Torah study and that they not be recited in vain. Since the recital of verses from the Tanach is included in the precept of Torah study, there is a question as to whether or not they may be recited prior to reciting Birkot Hatorah. The Shulhan Aruch (O.H. 46:9) says that one should not recite verses before one says Birkot Hatorah even if they are recited in the form of supplications, and that even though there is a lenient opinion, it is preferable to take the strict approach. This comes into play, for example, during the period of Selihot, which contain many portions from the Tanach and which are often said at dawn and possibly before one recites Birkot Hatorah. The Rama (ibid.) discusses a disagreement among the rabbis as to the permissibility of reciting supplications which contain verses before Birkot Hatorah. Practically speaking one should recite all of Birkot Hashahar including Birkot Hatorah before saying Selihot or before reciting any verses. Rabbi Ovadia Yosef (Yabia Omer, vol. IV, § 7) states that if one hears Kedusha but has not yet recited Birkot Hatorah, one should respond “Kadosh, Kadosh, Kadosh” and “Baruch Kevod…”, but when it comes time to respond “Yimloch”, one should only ponder it. As well, Rabbi Ben Zion Abba Shaul (Or Lezion, vol. II, ch. 4, § 4) says that if one hears Vaya’avor before Birkot Hatorah, one may respond with “Hashem Hashem E-l Rahum…” since it is recited in the form of a supplication. Verses which are not part of the prayer, however, may not said. Magen Avot (Orah Haim, § 47) records that there was no clear custom in Morocco as to the permissibility of reciting verses before Birkot Hatorah, since for the most part, people recited all of Birkot Hashahar at home before arriving at the synagogue for the prayer. Some question Magen Avot and point out that in Siddur Tefilat HaHodesh and others, certain supplications are written before Birkot Hatorah. Nevertheless, it is not always accurate to define a custom based on what is written in a Siddur, especially in light of the common practice of reciting Birkot Hashahar and Birkot Hatorah early on in the day at home. Furthermore, none of the known Moroccan rabbis wrote that there is a clear custom to allow the recitation of verses before Birkot Hatorah. With this and the Shulhan Aruch’s position in mind, one should be strict and not recite verses before Birkot Hatorah. Summary: One should not recite any verses from the Tanach before reciting Birkot Hatorah The Shulhan Aruch (Orah Haim 4:1) rules that upon waking up in the morning, one should wash one’s hands and recite the blessing of “Al Netilat Yadayim”, and the Bet Yosef discusses two reasons for this enactment. Citing the Rosh, the Bet Yosef explains that during the night, one may have touched unclean parts of one’s body and would therefore need to clean one’s hands when waking up. The other reason, given in the name of the Rashba, is that when one wakes up in the morning it is as though one was created anew, and such a creation warrants its own washing with a blessing. A third and separate reason for washing one’s hands in the morning is that when one sleeps at night, the body experiences one-sixtieth of death and when one awakes, the body is covered by an evil spirit, known as Ruah Ra’a. Washing one’s hands in the morning rem ves this negative spiritual force from one’s hands and by extension, one’s body. Given these reasons, the Sha’are Teshuva (§ 1) states that one should not walk more than four Amot without washing one’s hands. Indeed, he quotes the Zoharthat says that one who goes more than four Amot without washing one’s hands is liable to death. Because of this, some people sleep near a sink or have a washing vessel at one’s so that they need not walk more than this four Amotwithout washing. As well, Rabbi Baruch Toledano (Magen Avot § 4) is quoted as saying that one should be strict and try within as close to four Amot as possible. Nevertheless, the Shulhan Aruch does not mention this stringency and some, like Rabbi Moshe ben Habib (Tosfot Yom Hakipurim to Yoma 77b), suggest it is because nowadays, the power of evil spirits has been significantly diminished. Furthermore, it is quoted in the name of the Vilna Gaon that from the time that the famous convert Avraham ben Avraham was martyred sanctifying Hashem’sName, the power of these evil forces was weakened. Additionally, the Kaf HaHaim (O.H. 4:1), the Ben Ish Hai (Parashat Toledot) and Rabbi Ben Zion Abba Shaul (Or LeZion, vol. II, ch. 1, commentary to responsum #3) all clarify that the principal time when one is affected by Ruah Ra’a is when one sleeps before Halachic midnight. If one sleeps after this time, they explain, one need not be concerned about walking more than four Amot without washing. Another source for the leniency of not having to wash within four Amot is the opinion of Rabbi Shimon ben Elazar (Berachot ) that one’s entire dwelling is considered one’s four Amot. If one wishes to be strict but cannot wash within four Amot, Rabbi Shalom Messas (quoted in Yalkut Shemesh) and Rabbi Ben Zion Abba Shaul (Or LeZion vol. II, ch. 1) say that one should walk the distance of four Amot and stop, and then walk another four Amot and stop, and so one until one reaches the sink. In this way one is not walking more than four Amot in a continuous fashion but rather in discrete sections. Summary: There are those that are lenient and walk more than four Amot in the morning before washing one’s hands. If one wishes to be strict one can walk four Amot at a time and stop until one reaches the sink or vessel.
The Shulhan Aruch (Orah Haim 4:10) instructs that when performing Netilat Yadayim, one should fill the vessel with one’s right hand, pass it to the left hand and use the left hand to pour the water on to the right hand first. The Mishna Berura (O.H. 4:22) explains that the right hand represents the attribute of kindness (Hesed) while the left hand represents that of strict judgment (Din). By washing in this manner, one humbles the Din, as it were, before the Hesed. TheBen Ish Hai (Parashat Toledot, § 1) even says that one should not pass the vessel directly from the left hand to the right, as this demonstrates a certain level of honor to the left hand. Therefore, he writes that one may pass directly from the right to the left, but in the opposite direction one should place the vessel down with the left hand and then pick it up with the right hand. The Shulhan Aruch (ibid:11) goes on to say that one should not have one’s hands washed by someone who did not do Netilat Yadayim in the morning. This circumstance may arise in the case of a Levi washing the hands of a Kohen, or an elderly person who is having their hands washed by someone else, for example. The rationale is that one who did not wash in the morning still has the Ruah Ra’a and thus has a degree of impurity, such that trying to wash and purify someone else will be ineffective. Rabbi Haim Palagi (Lev Haim, vol. I, § 68) goes further and says that a non-Jew should not wash the hands of a Jew, even though the former is not affected by Ruah Ra’a. Nonetheless, Rabbi Avraham Buchach (Eshel Avraham) says that the washing of a Jew by a non-Jew is effective Thus, if one is in a hospital or is incapacitated, one should try to have a Jew wash one’s hand for Netilat Yadayim, but if not possible, one may rely on a non-Jew Summary: When starting Netilat Yadayim, one should take the vessel of water with one’s right hand, pass it to the left hand and wash the right hand first. If one cannot do Netilat Yadayim for oneself, one should not rely on someone who did not do Netilat Yadayim in the morning, and preferably not a non-Jew. If necessary, one may rely on a non-Jew.
The Shulhan Aruch (O.H. 551:2) says that as of Rosh Hodesh Av, any joyful business deailngs are forbidden. Examples of joyous dealings include those whose purpose is to expand a business or increase profit. The Mishna Berura (O.H. 551:11) includes the purchase of items needed for a wedding as joyful transactions and says that those are also forbidden. The custom is to be lenient and permit, however, business that is meant to sustain the status quo. Regarding purchasing a car, Rabbi Moshe Feinstein (Igrot Moshe, vol. III , 80) writes that if the car is for pleasure and one would recite “Sheheheyanu” on it, then it would be forbidden during the entire Three Weeks and all the more so during the Nine Days. However, if the car will serve a vital function, like providing transportation to work, then it would be permitted to buy it. In a similar vein, the Kovetz Halachot (ch. 12, § 14 ) writes that one may purchase furniture or appliances which are necessary for the proper functioning of a home, as long as they are not bought for expanding or renewing one’s home. Thus if one’s washing machine breaks down, for example, one would be able to replace it during the Nine Days. Furthermore, Rabbi Shaul Israeli (Nehamat Israel, ch. 10, comment 13), citing Rabbi Nissim Karelitz, says that silverware and other small home purchases are permitted. Rabbi Ovadia Yosef (Hazon Ovadia, pg. 168) concurs with these views. According to the Kovetz Halachot (ibid:comment 18) one is permitted to order items online during the Nine Days if they are scheduled to arrive after Tisha Be’Av, since one will not have the opportunity to deal with, much less enjoy them. Even if the arrive during the Nine Days, if one were to set them aside, it appears that this would be permitted. Similarly, if one purchases items but never actually deals with them, such as if one sells at a later time, this would be permitted. Summary: Purchases or business deals that involved in expanding a business or a home are not permitted during the Nine Days. Purchases that are vital to the functioning of one’s home are permitted. Online ordering is permitted if the item will arrive after the Nine Days or if they will be set aside till that time.Repetition of the Amida
Shema at Night
Arvit with a Minyan
How long should Tefilin be worn?
Can a child wear Tefilin?
What are Birkot Hatorah?
May one recite verses before Birkot Hatorah?
Netilat Yadayim: Walking more than 4 Amot
How is Netilat Yadayim Performed?
What Purchases are Permitted During the Nine Days ?
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