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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
The Shulhan Aruch (Orah Haim 215:2) rules that one may not respond “Amen” to the blessing of a heretic, or of a minor who is unaware to Whom one is blessing. If a child is aware that he or she is reciting a blessing to Hashem and there is a real purpose to that blessing, such as eating food, etc., then one may answer “Amen”. The Biur Halacha (ibid.) discusses a situation in which one is reciting a blessing that one considers a bona fide blessing, but the one listening considers it a Beracha Levatala, a blessing in vain. In such a case, the Mishna Berura (O.H. 215:10) says that as long as there is a Halachic basis or opinion to support reciting the blessing, the one listening may respond “Amen”. One is example is if one recites a blessing on the abridged Hallel on Rosh Hodesh, as is the Moroccan custom, and is in the presence of someone from another Sephardic background who do not recite this blessing, the latter may respond “Amen”. Rabbi Ovadia Yosef (Yabia Omer, vol. I, § 29) does not give a blanket authorization to answer “Amen” in such situations, but rather says that each situation has to be dealt with individually. Nevertheless, elsewhere in Yabia Omer (vol. V, Orah Haim, § 18), he writes that as long as there is a Halachic foundation for reciting such a blessing, one may answer “Amen” to it, even if one would not recite such a blessing oneself. Summary: One may only answer “Amen” to a bona fide blessing. One may answer “Amen” to a blessing that is recited based on a legitimate Halachic opinion, even if one does not follow such an opinion oneself As mentioned previously, the Shulhan Aruch (Orah Haim 210:1) rules that the minimum volume required to recite an after-blessing on a beverage is a Revi’it. The Shulhan Aruch (ibid.) goes on to state that when one drinks the volume of a Kezait (roughly 28 cc.), the requirement to recite a Beracha Aharona is Halachically questionable. The Mishna Berura (O.H. 210:10) writes that this also applies to other beverages. The Kezait measurement applies to many other foods and therefore there is some doubt as to whether or not it applies to drinks as well. When it comes to alcoholic beverages, such as Arak, the Taz (O.H. 190) is of the opinion that one would be required to recite a Beracha Aharona even if he drinks less than a Revi’it. His rationale is that such beverages are typically consumed in that amount and not in the much higher Revi’it volume. The Taz even states that Kiddush could be recited over less than a Revi’it of whiskey. Nevertheless, the custom in Morocco was to require a Beracha Aharona only after drinking a Revi’it, be it alcohol or any other type of beverage. It should be noted that the Shulhan Aruch states that in order to avoid any doubts, one should try and either drink at least a Revi’it, or less than a Kezait, in which case no Beracha Aharona is to be recited. Summary: The minimum amount required to recite a Beracha Aharonaover beverages is a Revi’it (see previous Halacha for the actual amount of a Revi’it). One should ideally drink either less than a Kezait, or a Revi’it or more, to avoid any doubt vis-a-vis a Beracha Aharona. The Poskim discuss whether a blessing may be recited over cologne or perfume. Rabbi Ovadia Yosef (Hazon Ovadia, Berachot, pg 313) explains that one may recite a blessing before smelling a synthetic product which produces a pleasant smell, and the blessing would be “Bore Mine Besamim”. Rabbi Pinchas Scheinberg (quoted in Vezot Haberacha, pg. 175), Rabbi Ben Zion Abba Shaul (Or LeZion, vol. II, ch. 14:38) and Rabbi Moshe Levi (Birkat Hashem, pg 525) all agree with this position as long as one is smelling from a bottle and not from one’s hand or body, since the fragrance is considered to have already dissipated. Rabbi Shalom Elyashiv and Rabbi Shlomo Zalman Auerbach (also quoted in Vezot Haberacha) are not certain that a blessing may be recited over perfume or cologne because it is considered an unsubstantial fragrance and one that has been processed to the point in which it is no longer related to its original source (cf. Orah Haim 216:6). As such, they say that one should not recite a blessing over cologne or perfume. Interestingly, Rabbi David Yosef (Halacha Berura, vol. XI, § 216) concludes that one should not make a blessing and that indeed his father, Rabbi Ovadia Yosef agreed with his opinion, contrary to what he had written. Summary: There is a Halachic basis to rely upon if one wishes to recite “Bore Mine Besamim” before smelling perfume or cologne from the bottle. The Shulhan Aruch (Orah Haim 216:2) rules that the blessing over smelling cloves (and cinnamon for that matter) is “Hanoten Re’ah Tov Baperot” (lit. “He Who has given a good smell in fruit), as it considers the cloves to be the fruit of the clove tree. Interestingly, most Poskim do not follow this opinion. Rabbi Avraham Azoulay (gloss to Sefer HaLevush) appears to be perplexed as to the Shulhan Aruch’s opinion and writes that it is not even mentioned in the Bet Yosef. Furthermore, unlike cinnamon which is eaten as a spice and could somehow be considered a fruit, this is not the case for cloves. Rabbi Yehuda Ayash (Bet Yehuda, vol. 2, § 94) does point out that the Shulhan Aruch (Orah Haim 203:6) writes that when spices are ground down and eaten, one would recite “Bore Peri HaAdama”, and therefore since it has a fruit-like characteristic, one could recite “Henoten Re’ah Tov Baperot”. Despite the Shulhan Aruch’s position, many Poskim such as Rabbi Haim Ben Attar (Hefetz Hashem), the Ben Ish Hai and Rabbi Ovadia Yosef rule that the blessing over cloves should actually be “Bore Atze Besamim”. Alternately, Rabbi Avraham Azoulay and his grandson, the HIDA (Birke Yosef, 216:5) rule that the blessing over cloves is “Bore Mine Besamim” because they are not commonly eaten as spices and since there is doubt in the matter, the more generic “Mine Besamim” should be recited. This is the Moroccan custom as is apparent in the writings of Rabbi Itzhak Ben Oualid, Yosef Messas (Mayim Haim, vol. 1, § 44) and in the Siddur Bet Menuha (pg. 224). Regarding mint (“Nana”), Rabbi Yehuda Ashkenazi (Baer Hetev) quotes Rabbi Avraham HaKohen (Ginat Veradim, vol. I, § 41), who says that mint is not something that is commonly smelled and therefore no blessing should be recited. On the other hand Rabbi Ya’akov Hagiz of Fes, Morocco (Hilchot Ketanot, vol. II., § 15) explains that mint is considered a fruit and thus one should recite “Hanoten Re’ah Tov Baperot”. Notwithstanding, the HIDA (Birke Yosef, 216:2) quoting the Shibole HaLeket, says that the mint is an herb and therefore one should recite “Bore Isbe Besamim” when smelling it. Rabbi David Ovadia (Venatan David, § 5) and Rabbi Yosef Messas (Mayim Haim, vol.I, § 53) confirm that this is the Moroccan custom. Summary: The blessing when smelling cloves is “Bore Mine Besamim”. The blessing when smelling Nana mint is “Bore Isbe Besamim”. The Shulhan Aruch (Orah Haim 217:1) rules that if one walks into a perfumery one should recite the blessing “Bore Mine Besamim”. On the other hand, a blessing at a florist would not be warranted since the purpose of a florist is not to be a purveyor of fragrances and rather that the flowers happen to give off a pleasant smell. Nevertheless, the Mishna Berura (O.H. 217:1) writes that if one takes a bouquet in one’s hand, one can recite a blessing before smelling it. The Hazon Ish disagrees with the Mishna Berura and writes that flowers are not grown specifically for their fragrance and thus one would not recite a blessing. Rabbis Ben Zion Abba Shaul, Ovadia Yosef and other Poskim, however, do side with the Mishna Berura, and therefore practically speaking one would be able to recite a blessing. Additionally, one is permitted to recite a blessing when taking a Nana mint tea bag in one’s hand to smell, so long as the scent is from the actual mint leaves and not from added fragrances. As well, one may recite “Hanoten Re’ah Tov Baperot” over a lemon, even though its primary function is a food and not a fragrance. Similarly, one would recite “Hanoten Re’ah Tov Baperot” over coffee beans, grounds or even instant coffee when taking them in one’s hand to smell, but no blessing is recited when entering a coffee shop which smells of coffee. There is a discussion among the Moroccan Poskim regarding the blessing over lemon tree leaves. Rabbi Shlomo HaKohen (Veye’esof Shlomo, Orah Haim, § 24) says that even though there are opinions which state that the primary role of the leaves is to protect the fruit and not for fragrance, nevertheless one may recite a blessing, namely “Bore Atze Besamim”. He compares the leaves to cinnamon, which is not the actual fruit of the plant but rather the inner bark, but nevertheless warrants a blessing. Furthermore, the HIDA (Mahzik Beracha) writes that one may even recite a blessing on the peel of fruit. Rabbi Makhlouf Abuhatzira (Yefe Sha’a, § 10) responds to a question regarding the practice in Beni Mellal, Morocco, of reciting a blessing over lemon leaves during a Brit Mila. On one hand he explains that it is not so clear that one may recite any blessing before smelling these leaves since they are not the fruit of the lemon tree. Nevertheless, he concludes that since it is an established custom in that city, there are sufficient grounds to uphold this practice. Summary: The blessing when entering a perfume store is “Mine Besamim”. The blessing over lemons, fruit peels, coffee beans or grounds is “Hanoten Re’ah Tov Baperot”. The blessing over lemon tee leaves is “Atze Besamim”. The Shulhan Aruch (Orah Haim 218:4) says that if one passes the place in which one experienced a personal miracle, one should recite the blessing of “She’asa Li Nes Bemakom Ze” (lit. “Who performed a miracle for me in this place”). A miracle is defined as something which deviates from the normal course of nature and the way of the world. On the other, something positive which occurs to someone but can still be attributed to the normal course of the world, such as averting harm from a burglar, does not warrant a blessing. Some opinions say that even in such a situation one could recite a blessing, although the normative Halacha is that one would recite the blessing without Hashem’s Name. Some Poskim explain that another definition of a miracle which warrants a blessing with Hashem’s Name is when an expert judges that there is no logical explanation for someone to come out of the situation alive. For example, if a car flips over in such a way that a transportation expert or a doctor assesses that such an accident is typically fatal, and yet the person survived, this would be considered a miracle. The Shulhan Aruch (Orah Haim 219:1) says that there are four situations which warrant reciting Birkat Hagomel, which is based on Tehillim 107. The four situations are summarized in the word “Haim”: Havush-someone who was previously imprisoned; Yisurim-someone who was ill; Yorde Hayam-seafarers; and Midbar-someone who crossed the desert. Regarding seafarers, there is a debate as to whether the blessing applies to those who travel in a river. This debate is influenced by the Sephardic and Ashkenazic approaches to travelling in general: the Sephardic custom is that Hagomel is recited whenever one travels beyond one’s city, whereas the Ashkenazic custom is not so. Accordingly, the Sephardic opinion would agree that one should recite Hagomel after travelling by boat in a river, whereas the Ashkenazic opinion would be that it is not recited. Nevertheless, Rabbi Betzalel Stern (Betzel Hahochma, vol. VI, § 115) and Rabbi Ben Zion Abba Shaul (Or Lezion, 14:43) rule that as long as the shore cannot be seen during the boat ride and one is travelling for 72 minutes, one may recite Birkat Hagomel. If the shore can be seen and one travels for less than this amount of time, then one would not recite the blessing. Summary: If one travels by boat for longer than 72 minutes and does not see the shore at some point during the trip, one should recite Birkat Hagomel. The Shulhan Aruch (Orah Haim 219:3) stipulates that Birkat Hagomel must be recited before ten men, and that two among the ten have to be Talmide Hachamim, Torah scholars. The basis for this requirement is a verse in the chapter of Tehillim upon which Birkat Hagomel is founded, (Tehillim 107:32): “And they shall exalt Him in an assembly of people, and in a sitting of elders, praise Him.” An “assembly of people” refers to to ten men, and the Mishna Berura (O.H. 219:7) says that “elders” refers to Torah scholars. One suggested reason for including Torah scholars is that they have a fuller appreciation of the handiwork of Hashem and of the miracles He performs. As such it is advisable to seek out a Minyan which includes at least two Talmide Hachamim when reciting Birkat Hagomel. Indeed, Rabbi Ben Zion Abba Shaul (Or LeZion, vol. II, ch. 14, § 42) rules that if one has the choice to recite the blessing in a Minyan in a synagogue while the Torah is out versus saying it in a Bet Midrash without the Sefer Torah, one should choose the latter as it is a place filled with Torah scholars and Torah study. Nevertheless, Rabbi Ovadia Yosef (Yabia Omer, vol. III, Orah Haim, § 16) says that reciting Birkat Hagomel before Talmide Hachamim does not come at the expense of reciting it as soon as possible, namely, within three days. In other words, if one has the opportunity to recite the blessing immediately in front of a Minyan that has no Tamlide Hachamim, one should do so. Summary: Reciting Birkat Hagomel within three days supersedes reciting it in front of Talmide Hachamim after three days. Reciting it in front of Talmide Hachamim supersedes reciting it in front of a Minyan that has no Talmide Hachamim, but that has taken out the Sefer Torah. Summary: Ideally the Teva should be in the center of the sanctuary, but there is room to be lenient if necessary.When May One Not Say “Amen”?
Drinking Less than a Revi’it
Cologne/Perfume: May One Recite a Beracha?
Nana/Cloves: Which Berachot?
Coffee Beans: Which Beracha?
Blessing on Miracles
Rabbi Betzalel Stern (Betzel Hahochma) rules that if a Holocaust survivor returns to the concentration camp in which he/she was previously interned, such a person could recite the blessing over miracles with Hashem’s Name. Since the odds of surviving such a fate were slim it is considered to have deviated from the normal course of the world, and thus is considered a miracle.
Summary: One recites a blessing when one finds oneself in the location of a personal miracle. If one benefited from a fortunate event that fits the normal course of nature could recite the blessing, but without Hashem’s Name. Birkat Hagomel at Sea
Birkat Hagomel for Prisoners
Birkat Hagomel with Talmidei Hachamim
Where Should the Teva be?
Nevertheless, it was not uncommon in Morocco for synagogues to have the Tevain positions other than the center, such as on the side of the sanctuary. Although the ideal location of the Teva is in the center, if there is a pressing need then it can be placed elsewhere. Rav Ovadia Yosef (Shu”t Yabia Omer vol. 8, § 17) writes that there is room to be lenient, especially among Sepharadim, who were not nearly as influenced by the Reform movement as their Ashkenazic brethren. Interestingly, there were even synagogues that, for logistical reasons, had the Hechal on the side and the Mishan Berura (O.H. 94:9) writes that in such a case, one should pray facing east, wherever that may be.