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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

How is the Tzitzit Tied?

Each of the four Tzitziot of a Talit Katan or Talit Gadol consists of four stringswhich are folded to create eight strings, and a total of six knots are tied at different intervals. Within each interval are differing numbers of coils; according to the Shulhan Aruch (O.H. 11:14), the number of coils per interval, starting from the one closest to the corner of the garment, are seven, nine, eleven and thirteen. According to the Arizal, however, the number of coils are seven, eight, eleven and thirteen, and Rabbi David Ovadia (Nahagu Ha’am, Hilchot Tzitzit) says that a mnemonic to remember this order is Zman Hayenu Ya’arich Yagdil(7, 8, 11, 13). The reason for this order is because if seven and eight are added together, it is equivalent to Yud-Ke, which is one of Hashem’s Names, and if eleven is added to this total it is equivalent to Yud-Ke-Vav-Ke, and thirteen is the same numerical value as the word Ehad (One). The HIDA (Birke Yosef) gives a third opinion and says that number of coils per interval are ten, five, six and five, symbolizing the Name of Hashem Yud-Ke-Vav-Ke.

According to Rabbi Shalom Messas (Shemesh Umagen, vol. III, § 32) and Rabbi Yehoshua Maman, the Moroccan custom is for the Talit Katan to follow the order of  ten, five, six and five, and for the Talit Gadol seven, eight, eleven and thirteen, and it is unclear why there is a distinction between the two types of Talit.  Nevertheless, these are not Halachically binding and if one were to wear a Talit Katan with the same number of coils as a Talit Gadol, for example, it would not be a problem.

It is important to note that according to the letter of the law, the only knot which is Halachically significant is the first double-knot closest to the garment; the subsequent knots are simply a custom. Although it is important that all the knots be intact, if some or all but the first double-knot are undone, it does not affect the fulfillment of the Mitzvah of Tzitzit.

Summary: The Moroccan custom is that in the Talit Katan the knots are separated by ten, five, six and five coils while the Talit Gadol has an order of seven, eight, eleven and thirteen. One fulfills the Mitzvah regardless of number and order of coils one wears.

      number of tzitzit

What is the Minimum Size of a Talit Katan?

The Gemara (Menahot 40b) says that the minimum size of a garment which would require Tzitziot for a Talit Katan is the size of a garment that a child would wear to go out alone to the marketplace. The Ben Ish Hai (Rav Pe’alim vol. II, § 6) takes a lenient approach that a blessing can be recited on a Talit Katan that is 1 Amah by 1.5 Amot and. According to Rabbi Haim Palagi, the minimum length of each side would be 1.5 Amot, which is approximately 72 cm or 28 inches, Rabbi Ben Zion Abba Shaul (Or Lezion volII, ch. 2) says that one should not recite a blessing on a garment that is smaller than this.

Rabbi Ovadia Yosef (Yabia Omer, vol. IX, Orah Haim, § 100) takes a different approach and cites opinions that one only recites a blessing on a Talit Katanthat is long enough to reach one’s knees and that the minimum length is calculated using an adult as a model and not a child. As such, he invokes the concept of Safek Berachot Lehakel and says one should not recite a blessing on a Talit Katan.

The Poskim of the Maghreb appear to be less bothered by the possibility of reciting a blessing in vain. For example, Rabbi David Cohen-Scali of Oran, Algeria (Kiryat Hana David, vol. I, § 4) cites the Zohar (Pinhas), and says that the minimum length per side is 1.25 Amot, which is roughly 24 inches or 50 cm and one would be able to recite a blessing on such a Talit Katan. He also quotes the Siddur Bet Oved who in turn cites Rabbi Shneur Zalman of Liadi, who says that the minimum size of garment that could be used for a Talit Katanis 1 Amah by 1 Amah, or 48 cm/19in. per side. A good guideline to follow is that a blessing should recited so long as the Talit Katan is at least 24 inches by 24 inches, as rules Rabbi Haim Palagi. However, there is a Halachic basis on which to rely if one recites a blessing on a Talit Katan that is even only 1 Amahby 1 Amah. It should be noted that one only recites a blessing on a Talit Katanin certain situations, and one may refer to that Halacha for details.

Summary:   One should recite a blessing on a Talit Katan that is at least 24 inches by 24 inches. 

      What is the Minimum Size of a Talit Katan

 

How is the Tzitzit Tied?

Each of the four Tzitziot of a Talit Katan or Talit Gadol consists of four stringswhich are folded to create eight strings, and a total of six knots are tied at different intervals. Within each interval are differing numbers of coils; according to the Shulhan Aruch (O.H. 11:14), the number of coils per interval, starting from the one closest to the corner of the garment, are seven, nine, eleven and thirteen. According to the Arizal, however, the number of coils are seven, eight, eleven and thirteen, and Rabbi David Ovadia (Nahagu Ha’am, Hilchot Tzitzit) says that a mnemonic to remember this order is Zman Hayenu Ya’arich Yagdil(7, 8, 11, 13). The reason for this order is because if seven and eight are added together, it is equivalent to Yud-Ke, which is one of Hashem’s Names, and if eleven is added to this total it is equivalent to Yud-Ke-Vav-Ke, and thirteen is the same numerical value as the word Ehad (One). The HIDA (Birke Yosef) gives a third opinion and says that number of coils per interval are ten, five, six and five, symbolizing the Name of Hashem Yud-Ke-Vav-Ke.

According to Rabbi Shalom Messas (Shemesh Umagen, vol. III, § 32) and Rabbi Yehoshua Maman, the Moroccan custom is for the Talit Katan to follow the order of  ten, five, six and five, and for the Talit Gadol seven, eight, eleven and thirteen, and it is unclear why there is a distinction between the two types of Talit.  Nevertheless, these are not Halachically binding and if one were to wear a Talit Katan with the same number of coils as a Talit Gadol, for example, it would not be a problem.

It is important to note that according to the letter of the law, the only knot which is Halachically significant is the first double-knot closest to the garment; the subsequent knots are simply a custom. Although it is important that all the knots be intact, if some or all but the first double-knot are undone, it does not affect the fulfillment of the Mitzvah of Tzitzit.

Summary: The Moroccan custom is that in the Talit Katan the knots are separated by ten, five, six and five coils while the Talit Gadol has an order of seven, eight, eleven and thirteen. One fulfills the Mitzvah regardless of number and order of coils one wears.

Wearing at Talit

The Shulhan Aruch (O.H. 8:1) rules that when reciting the blessing over the Talit, one should do so standing up. This is learned from the Mitzvah of Sefirat HaOmer, which is done standing up, since our Sages expounded the word “Kama” (lit. “stalk”) to mean “Koma” (lit. “standing upright”), and by extension it applies to other Mitzvot.

According to the Ben Ish Hai (Od Yosef Hai, Bereshit, § 66) and the Kaf HaHaim(O.H. 8:9) the way to properly don the Talit at the time of the blessing is by wrapping it around one’s head. Once complete, one may then drape the Talitaround one’s body and proceed with the prayer, and indeed this is the common custom of the Eastern Sephardic communities.

Nevertheless, the Moroccan custom is to wrap the Talit around one’s head and body at the time of the blessing. Rabbi Moshe Attia (Me’at Mayim, vol. II, § 2) explains that the Talit has to be worn as a garment, which is worn on the body (see SA, O.H. 10:10). and therefore when one performs the Mitzvah, one must mirror how is actually worn, which is, on the head as well as on the remainder of the body. As such, he states that after reciting the blessing, one should fulfill the Mitzvah by wrapping one’s head and at least a part of one’s body with the Talit. This is the opinion of the Rabbi Ya’akov Algazi (Shalmei Tzibur, § 8) as well.

Summary: The Moroccan custom to fulfill the Mitzvah of Talit is by wrapping the Talit around one’s head and one’s body.

      talit way to wear

Which arm should the Tefilin be placed on?

The Gemara (Menahot 37a) explains that the Tefilin Shel Yad should be placed on one’s weaker hand, which in the majority of the population is the left side. This is learned from the word “Yadecha” (lit. “your hand”) in the Torah portion dealing with Tefilin, which can be separated and read as “Yad Keha”, or weak hand. Similarly, a lefty’s weaker side is the right side and that is where such a person would place the Tefilin Shel Yad.

The Shulhan Aruch (O.H. 27:6) rules like the Gemara and adds that one who is ambidextrous should   place the Tefilin on the left arm. It then goes on to discuss a case in which a person writes with one hand but does all other activities with the other hand and gives two different opinions. The first opinion maintains that the weaker hand in this case is the one is used for writing since the one that does all other actions is considered stronger. The second opinion says that the hand that is used to write is considered stronger, especially since it says “Uchtavtam” (lit. “you shall write them”) in the portion dealing with Tefilin, and therefore the Tefilin should be placed on the opposite arm. There is a principle that when the Shulhan Aruch gives two opinions that begin with “Yesh Omrim” (lit. “there are those who say”), the Halacha follows the second opinion. Therefore, if one writes with one’s left hand for example, but does everything else with one’s right hand, one would place the Tefilin Shel Yad on one’s right arm.

The Kaf HaHaim (O.H. 27:31) and others, on the other hand, say that according to Kabbalah, the left hand is always considered weaker and thus the Tefilin should be placed on that side. Since there is disagreement in the matter, they say that one should first place the Tefilin on the left side and then after praying one should place it on the right arm, to fulfil all opinions. Nevertheless, in many instances the rabbis of the Maghreb tend to follow the straightforward understanding of the Halacha when in conflict with certain Kabbalistic approaches. Indeed Rabbi Moshe Kalfon HaKohen (Sho’el Venish’al) of Djerba, Tunisia says that one should place the Tefilin Shel Yad on the arm opposite of the side with which one writes.

That being said, if one writes with one hand and uses the other hand for other actions, it is proper to still place the Tefilin on the writing hand (in this case, the stronger hand) after one finishes praying with the Tefilin on the weaker side. According to the Ben Ish Hai Parashat Haye Sarah), one woul dneed two pairs of Tefilin Shel Yad because he posits that the Tefilin must be inserted on one’s arm in the proper position such that the letter Yud is pointing to one’s heart. Nonetheless, the Biur Halacha (O.H. 27:6, sv. “Ve’iter Yad Yemino”) and Rabbi Ben Zion Abba Shaul (Or LeZion, vol. II, ch. 3, § 3) say that one may take the Tefilin Shel Yad and simply flip it in the other direction so that it fits on the opposite arm.

Summary: A right-handed person places the Tefilin Shel Yad on one’s left arm and a left-handed person on the right arm. An ambidextrous person places the Tefilin on the left arm. For someone who writes with one’s left hand but uses one’s right hand for all other actions, one should place the Tefilin Shel Yad on the right arm. For someone who writes with one’s right hand and uses one’s left hand for all other actions, one should place the Tefilin Shel Yad on the left arm. In either of these cases, it is recommended, although not obligatory, to place the Tefilin Shel Yad on the opposite arm as well after one prays so as to fulfil all opinions.

      tefilin which hand

Is One Required to Wash After One Uses the Restroom?

The Gemara (Berachot 26a) states that a Bet Kise, or a room in which people go to relieve themselves and which contains human waste, is considered to contain Rua’h Ra’a. The Gemara also gives the case of a Persian Bet Kise, which is designed such that the waste travels down a slanted pipe and is evacuated elsewhere and therefore does not contain Ruah Ra’a. As such, theHazon Ish (Orah Haim, § 17) and other rabbis are in doubt as to the status of modern-day restrooms. On one hand, similar to a Persian Bet Kise, the waste is flushed and is evacuated from the restroom and perhaps there is no issue of Ruah Ra’a. On the other hand, while one is relieving oneself, there is a time period during which the waste remains in the bowl and thus may incur a Ruah Ra’a.

Rabbi Moshe Feinstein (Igrot Moshe, vol. I, Even Ha’ezer, § 114) and Rabbi Ovadia Yosef (Yabia Omer, vol. IX,  § 108:13) take the stance that modern-day bathrooms do contain Rua’h Ra’a, and thus the practical ramification would be that one would need to wash and dry one’s hands outside of the bathroom even if one did not relieve oneself. Nevertheless, Rabbi Ben Zion Abba Shaul (Or LeZion, vol. I,  § 1) has a novel approach and says that only that area above the toilet contains Ruah Ra’a but not the remainder of the restroom, and one would only be required to wash his hands outside if one’s hands were above the toilet. Otherwise, according to this opinion, one would be able to wash and dry one’s hands inside the restroom. If one wishes to be strict, but cannot wash one’s hands outside, one may wash them inside the restroom, but dry them outside.

Regarding lavatories on airplanes and the like, most Poskim agree that because they are considered temporary restrooms, they do not contain Ruah Ra’a and as such one is not required to wash one’s hands outside according to the letter of the law.

In a previous Halacha, it was mentioned that using a bathhouse requires washing one’s hands afterwards. However, Rabbi Elazar Schach (Avi Ha’ezri, Michtavim Vema’amarim, vol. VI, letter 652) says that a room which contains a bathtub or shower as well as counter space and the like (but no toilet), does not have Ruah Ra’a. This is because the room is not solely designated for bathing, as is a real bathhouse, but rather for grooming oneself, or for a woman to put on makeup etc. Furthermore, such rooms nowadays are usually kept very clean and would not seem to contain Ruah Ra’a.

Summary:   There is a Halachic basis to be lenient and to permit washing and drying one’s hands in a restroom after one relieves oneself. Similarly, one is not be required to wash one’s hands outside of a shower room that is also used to prepare oneself, or after using an airplane or train lavatory.

      Beit hakisse

Does One Recite a Blessing on a Borrowed Tallit?

It is common for one to borrow a Talit from one’s fellow when going up to the Torah, for example, or if one uses a communal Talit offered by the synagogue. The Shulhan Aruch (O.H. 14:3), based on the Gemara (Hulin 110), says that if one borrows a four-cornered garment, one is exempt from placing Tzitziot on it for the first thirty days, but is required rabbinically to do so after this time because the garment appears to belong to him. If one borrows a garment which already has Tzitziot, however, one must recite a blessing over it right away.

The Mishna Berura (O.H. 14:11), citing the Rosh (Hulin), says that if one takes the Talit with the intention to return in sometime in the future (Matana Al Menat Lehahzir), then one would recite a blessing. If one merely borrowed it temporarily and did not have the intention to take it as a temporary gift, one would not recite a blessing. As such, the Mishna Berura says that one should  lend one’s Talit with the intention that it is as a gift so as to remove any doubt about the need for a blessing. Preferably, one should avoid such a situation.

As mentioned above, the Shulhan Aruch makes no distinction as to the intention of the lender or borrower and implies that a blessing is always recited if one borrows a Talit. Therefore, as long as one borrows a garment that has Tzitziot and can fulfill this Mitzvah, one would recite a blessing. This is no different than one reciting a blessing over a pair of borrowed Tefilin for example. Rabbi Mordechai Karmi (Ma’amar Mordechai ibid) and Elya Rabbah (ibid) echo this opinion unequivocally. Halacha Berura (14:18) writes that this is the common custom of the Sepharadic community nowadays as well.

Summary:  Whenever one borrows a Talit , one recites a blessing over it.

      borrowed tzizit

Why Don’t We Make a Beracha on a Tallit Katan?

The Shulhan Aruch discusses the proper Beracha to make on a Tallit Katan, mentioning two alternate formulations. Yet, the Sepharadic custom is actually to not make a Beracha at all when putting it on in the morning. Rather, in Shul one makes the Beracha on the Tallit Gadol, having in mind to include the Tallit Katan he is already wearing.

There are many opinions as to how this custom originated. Some say that our Tallit Katan may not be the minimum measure necessary, as there are authorities that hold that it must come down to the knees. Since there is a doubt, a Beracha is not recited. The Eshel Avraham from Botshash maintains that since nowadays, people are embarrassed to wear a Tallit Katan over their clothing, a Beracha is not recited. Others say that even if the Tallit Katan has the minimum measure, it may lose its dimensions when it shrinks in the wash. There is another opinion that one does not recite a Beracha because of the uncertainty as to what is the proper text of the Beracha: “Al Misvat Sisit” or ” L’Hitatef B’Sisit.”

In truth, all of these reasons can be refuted. For example, the opinion that the Tallit Katan must reach the knees is only a minority opinion; the overwhelming majority maintains that the measure is much shorter. The proposition that people are embarrassed to wear the Tallit Katan is also problematic, because Hasidim do wear their Tallit Katan over their garments. The concern regarding shrinkage is not relevant with today’s fabrics. The doubt regarding the proper Beracha is also solved by the fact that Maran clearly rules that one may say “Al Misvat Sisit” on the tallit Katan.

Nevertheless, the prevalent custom is not to make a separate Beracha on the Tallit Katan in the morning. However, if one removes his Tallit Katan during the day for more than half an hour, to go swimming for example, or he puts on a different Tallit Katan in honor of Shabbat, Hacham Ovadia (Yabia Omer 8:2) rules that he should make a Beracha. There is clearly no option of including the Tallit Katan in the Beracha he will make the next morning.

The only question remaining is what is the minimum measure of the Tallit Katan. The Ben Ish Hai holds that one may recite a Beracha if it exceeds 1.5 Amah (cubits) long by one Amah wide. Hacham Ovadia in Ye’haveh Da’at (Vol. 5) and Yabia Omer (Vol. 8) concurs with that Ben Ish Hai. Therefore, many people mistakenly think that this is Hacham Ovadia’s final opinion. However, in a later work, Halichot Olam, Hacham Ovadia retracted and held that the minimum measure is two Amot (37.79 inches=96 cm) long by 1 Amah (18.89 inches=48 cm) wide. A Beracha may not be recited on anything less than that. The length is measured excluding the hole for the head. When buying a Tallit Katan, one should insure that his Tallit has these measurements. Of course, according to the Hazon Ish’s stricter scale of measurements this would be equivalent to 47.2 inches by 23.6 inches.

It should be noted that the issue of the minimum measure does not affect Shabbat. Hacham Ovadia ruled that a Tallit Katan of any size may be worn outside in the public domain on Shabbat and does not constitute a problem of carrying.

Rabbenu HaAri holds that a Tallit Katan should not have sleeves. Although, a snap or a button is permitted. Accordingly, a Tallit Katan in the form of an undershirt with sleeves over the shoulder would not be preferred.

Summary:The Sepharadic custom is to not recite a Beracha on a Tallit Katan in the morning. If later in the day, one takes off his Tallit Katan, he can recite a Beracha when putting one on again, only if the measurements of the Tallit exceed 37.79 inches long by 18.89 inches wide.

 

      Bracha on talit katan

Are the Tzitziot worn on the outside?

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 fulfil 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 Avraham simply 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 worn underneath one’s clothing and not to be exposed. There are circumstances in which wearing them on the outside is permissible.

      different clothings

Bed: Which Direction?

The Gemara (Berachot 5b) states that one should not place one’s bed such that its length runs from east to west, but rather from north to south. Rashi (ibid.) explains that Hashem’s Presence is situated to the east and to the west and it would be inappropriate to engage in relations in these directions. The students of Rabbenu Yona also explain that in the Bet Hamikdash the Menora, symbolizing wisdom, was in the north and the Shulhan (table), representing wealth, was to the south and as such, one’s bed should be arranged accordingly. Furthermore, at the time of conception one should pray that one merits children who are wise and who are wealthy, so that they do not need to depend on others. Based on this, the Shulhan Aruch (Orah Haim 3:6) rules that it is forbidden to sleep in an east-west direction when one is with one’s wife and it is proper to be careful not to do so even without one’s wife.

Nonetheless, the Zohar (Bamidbar) appears to suggest the opposite-that one should place one’s bed east to west with the head towards the east, and not north to south. It explains that when Adam was created, his head was created in the east, his feet in the west, his right arm (representing kindness) in the north and left arm (representing strict justice) in the  south. The Ben Ish Hai (Shana Bet, Vayera, § 25) and other Mekubalim agree with the opinion of the Zohar. The Mishna Berura (O.H. 3:11) mentions this difference of opinion and cites theVilna Gaon, who says that the Zohar’s position is actually like that of the Gemara.

That said, Rabbi Haim Benveniste (Knesset Hagedola), writes that since some opinions say that one should position one’s bed in one direction and specifically not in the other, or vice versa, one can place one’s bed in the direction one wishes. The Aruch Hashulhan (O.H. 3:13) writes that the custom nowadays is to not be particular regarding the bed’s position since there are varying opinions. Rabbi Ben Zion Abba Shaul (Or LeZion, vol. II, ch. 1, §1) echoes this opinion, but says that if possible one should place the head of one’s bed to the east and the foot of the bed to the west. Rabbi Ovadia Yosef, quoted in Halacha Berura(O.H. 3:9), appears to concur as well.

It should be noted that some commentators say that even though the Shulhan Aruch (ibid.) uses the word “forbidden”, it is not an actual prohibition but simply a proper practice. Furthermore they mention that this was left out altogether in the Tur and was only mentioned in the Shulhan Aruch.

Summary:   The custom nowadays is to be lenient and to place one’s bed in any direction one desires but preferably, the head should not be facing west.

      ‘s bed

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