Halachot in the tradition of our Chachamim from Morocco
Dozens of Audio & Video Shiurim by Rabbi Mordechai Lebhar
Hilula of Moroccan Tzadikim
Sefarim based on our Morrocan Minhagim
Monthly Sponsor: Available
Weekly Sponsor: Available
Sponsor of the Day: Available
Magen Avot - Daily Halacha
Click here to purchase
Daily Moroccan Halachot
Rabbi Mordechai Lebhar, author Magen Avot
Redacted by Dr. Emile Amzallag
DAILY HALACHOT PODCAST 
ON APPLE 
ON SPOTIFY
Daily Halachot Topics
The Shulhan Aruch (O.H. 262:1-3), based on the Gemara (Shabbat 119a), writes that one should set one’s dining table, make the beds and prepare the home such that all will be ready when one returns from the synagogue on Friday night. Rabbi Pinhas Horovitz (Sefer Hamikna Kiddushin 41a), discusses the Gemara’s opinion (ibid) that preparing for Shabbat is actually a biblical Mitzvah, based on the verse (Shemot 16:5) “Vehechinu Et Asher Heviu”. Interestingly, the Arizal (Sha’ar Hakavanot, pg. 72a) was particular about setting a table that had four legs since this was the type of table used in the Bet Hamikdash. Although one should not replicate the artifacts of the Bet Hamikdash, having a four-legged table is a symbolic reminder of the Shulhan that was used there, and not a replica. The rush and stress to prepare for Shabbat can lend itself to conflict.The HIDA (Avodat Hakodesh) and the Ben Ish Hai (Parashat Vayera, Shana I, § 1) write that last few hours and minutes leading into Shabbat are especially prone to strife between husband and wife, or with one’s children or servants. Furthermore, Rabbi Haim Palagi (Sefer Kaf Hahaim 27:35) writes that a household which experiences strife right before Shabbat is at risk of experiencing something bad the following week. Therefore one should do all that is possible to prevent any conflict as Shabbat approaches. Rabbi Shalom Messas (Shemesh Umagen, vol. IV, Orah Haim, § 15:1) writes that the Moroccan custom is that Mizmor LeDavid is recited sitting down since this is not when one accepts Shabbat. Furthermore, Lecha Dodi is also recited while sitting and only during the last stanza of “Bo’i Beshalom” does one stand up. In other Sephardic communities, Mizmor LeDavid is when one accepts Shabbat and thus it is recited standing up. The Ben Ish Hai (ibid:§ 2), based on the Arizal, writes that in the last stanza of Lecha Dodi, one should turn to the west and then turn to one’s right and then to one’s left when saying “Bo’i Kallah”. Rabbi Ovadia Yosef (Halichot Olam, vol. III), citing Rabbi Ya’akov Emden, says that one should bow when turning to one’s right and left. Nevertheless, the source of bowing by Boi Kallah is unclear and many simply turn to all directions. Summary: One should prepare one’s home and oneself for Shabbat. One should be careful to avoid strife in Erev Shabbat. The Moroccan custom is to sit for Mizmor LeDavid and for Lecha Dodi, and to stand for the stanza of “Bo’i Kallah”.
The Gemara (Yoma 81b) learns from the laws of Yom Kippur that there is a Mitzvah to accept Shabbat upon oneself earlier than the official time and thereby “adding” to Shabbat as it were. There is a disagreement if the Mitzvah of Tosefet Shabbat (lit. “adding to Shabbat”) is biblical or Rabbinic, but in any case, the Shulhan Aruch (O.H. 261:2) writes that it is a worthy act to take on Shabbat early. Although there is no prescribed amount of time that one should begin Shabbat early, it is commendable to cease forbidden labors and accept Shabbat approximately three or more minutes before sunset. The Mishna Berura (M.B., O.H. 261:21) cites an opinion that maintains that one should make a verbal declaration that one is accepting Shabbat. Rabbi Shalom Messas (Shemesh Umagen, vol. IV, § 41) on the other hand, remarks that one need not declare verbally that one is accepting Shabbat, but rather the mere fact that one ceases forbidden labors is sufficient in fulfilling Tosefet Shabbat. This is also the opinion cited in the book Meged Giv’ot Olam in the name of Rabbi Moshe Feinstein. Although Rabbi Ben Zion Abba Shaul (Or LeZion, ch. 18, § 2), based on the Ritva (Shabbat 23b), writes that ideally one should verbally declare that one is accepting Shabbat, nevertheless it is possible that the Ritva is referring to a case in which one is not reciting Kabbalat Shabbat and thus would need a firm reminder and declaration of accepting Shabbat. Nevertheless, for one who is present at synagogue, the recital of Shir Hashirim and the rest of Kabbalat Shabbat is in and of itself a declaration of accepting Shabbat. Summary: It is a Mitzvah to accept Shabbat early. One need not accept Shabbat verbally. Rabbi Haim Palagi (Moed Lechol Hai) speaks about the great significance of holding the Sefer Torah during Kol Nidre and if one has the means should certainly attempt to buy this meritorious Mitzvah. Nevertheless Rabbi Benzion Abba Shaul (Ner Lezion, Yom Kippur) decries those who spend excessive amounts on a Ram’s head for the night of Rosh Hashana and the Sefer Torah on Kol Nidrei but do not do the same for their Etrog, which is a Torah obligation.Rabbi Benzion Mutzafi (Kadosh Lezion) adds that one should attemt to kiss each of the Sifrei Torah seven times, as there is a great reason for this according to Kabbalah. The Shulhan Aruch (O.H. 583:1), based on the Gemara (Keritut 6a), writes that one should eat certain auspicious foods on Rosh Hashana. These include Rubia (lit. black eyed peas), Karti (lit. leeks), Silka (lit. beets), Tamre (lit. dates) and Kara (lit. gourd). In Morocco, Rubia was commonly understood to mean sesame seeds When each food is eaten, a prayer is recited which invokes an idea that is phonetically or contextually related to that food. For example, when Karti is eaten, one says “May it be Your will that our enemies be destroyed.” “Destroyed” in Hebrew is “Yikartu” which sound like Karti. The Rama (ibid.) adds that there is also a custom to eat an apple dipped in honey and to recite a prayer for a sweet year, and to also eat pomegranate seeds, which signify abundant merits. The common custom, especially among Sephardim, is to have a Seder on the two nights of Rosh Hashana in which these foods are eaten. Normally, when one eats different types of fruit, there is a prescribed order in which these foods should be eaten. Any of the seven species of the Land of Israel take precedence and should be eaten before a fruit that is not one of the seven species. As such, it would be expected that on the eve of Rosh Hashana, one would start with the dates and then go on to eat the apple. Nevertheless, the Tur (O.H. 583) writes that the custom is to start off the night with the apple. Indeed Rabbi Haim Messas (Leket Hakemach, Resh) confirms that this is the common custom. One way to reconcile this is based on the Ritva (Berachot 40b), who writes that the laws of giving preference to different foods only apply when one has no particular desire for one over the other. When one prefers or has a reason to start with one particular fruit, then that takes precedence. In Kabbalah, there is a concept known as Tapuhin Ila’in Kadishin (lit. “Lofty and holy apples”), which gives deep significance to apples. Thus, although the Ben Ish Hai, Rabbi Shlomo Zalman Auerbach (Halichot Shlomo, Rosh Hashana) and Rabbi Shmuel Kamenetzky (Kovetz Halachot, Yamim Noraim, pg. 865) are of the opinion that dates should still precede the apples, the common custom is for the Seder to begin with apples. Furthermore, honey represents Divine judgment, and by dipping a sweet apple in the honey, it is symbolic of our desire for our judgment to be tempered. In Morocco, some had a custom to dip the apple in sugar rather than honey. Summary: There are several symbolic foods which should be eaten on Rosh Hashana. The custom is to eat the apple before the date. One of the penitential prayers that are recited in the Selihot as well as throughout Yom Kippur is Anenu. In this prayer, we beseech Hashem to answer us in the merit of our forefathers and in different circumstances. In the Moroccan community, there are Anenu verses that are inserted in addition to the standard Sephardic text. For example, it is a common Moroccan custom to insert “Anenu Elah-a de Meir Anenu” (lit. “Answer us, Oh G-d of Meir, answer us”). Interestingly, although some say “Elah-a de Rabbi Meir”, Rabbi Haim Palagi (Lev Haim, vol. II, pg. 160) and Rabbi Yosef Messas (Mayim Haim I:232) write that the Gemara (Avoda Zara 18b) says that when calling out to Hashem in the merit of Rabbi Meir Ba’al Hanes, one only uses his first name without the title of “Rabbi”. Other additions, which were not necessarily printed in Siddurim but were passed on orally from generation to generation to this day, include “Magen Avot” (lit. “Shield of our forefathers”) “Bizchute de Bar Yohai” (lit. “in the merit of Bar Yohai”), “Ezrat Hashevatim” (lit. “the Helper of the tribes”), “Misgav Haimahot” (lit. “Fortress of our foremothers”) or “Rochev Aravot” (lit. He who rides upon the highest heavens). Although one is not permitted to add to or subtract from the prayers that the Anshe Knesset Hagedola instituted, Selihot were, for the most part composed during the times of the Geonim or later. Furthermore, since most of the Selihot are supplicatory in nature, one may add as one sees fit. Rabbi Ovadia Yosef (Hazon Ovadia, pg. 17) quotes Rabbi Eliyahu Mani (Shu”t Tana Deve Eliyahu), who says that one does not add to the Anenu prayer. Upon further inspection, it appears to mean that their custom was to not add more Anenu verses but not that it was prohibited to do so. It should also be noted that the original order of the Anenu verses is to alternate the Avot with corresponding pleadings, rather than to recite the Avot consecutively. The proper order is as follows: In the original Livorno Siddurim these were typed in columns and thus people confused the order and thus first recited Avraham, Yitzhak and Ya’akov and then the others. Summary: The Moroccan custom is to add verses to Anenu. The cycle of the moon begins with the Molad, or new moon, in which the moon is completely invisible. It then begins to wax until it peaks as a full moon, and the wanes until it is once again no longer visible. The Gemara (Sanhedrin 41b) states that Birkat Halevana is only recited when the moon is in its waxing phase. Accordingly, the Shulhan Aruch (O.H 426:3) rules that it can be recited up to and including the fifteenth of the Jewish month. On the other hand, the Rama (ibid.) points out that the length of the Jewish lunar month is twenty nine days, twelve hours and seven hundred and ninety three parts. If one were to divide this in half to ascertain when the peak is, the result is a little more than 14 days and eighteen hours after the Molad, as measured in Jerusalem. When taking into account that the peak does not include the entirety of the fifteenth day and that the Molad is calculated in Jerusalem, the Rama rules that one may not recite Birkat Halevana on the night of the fifteenth. Although the Shulhan Aruch rules that it may be recited the entire night of the fifteenth, the Ben Ish Hai (Shana Bet, Parashat Vayikra, § 23), the Kaf HaHaim (K.H., O.H, § 426) and Rabbi Ben Zion Abba Shaul (Vol III, ch. 4, § 6), invoking the principle of Safek Berachot Lehakel, rule stringently like the Rama. Rabbi Ovadia Yosef (Yabia Omer, vol. VI, § 38) relies fully on the opinion of the Shulhan Aruch and says that one may recite Birkat Halevana the whole night of the fifteenth of the Jewish month. Rabbi Haim Benvenisti (Ba’e Haye) says that one may even recite it the next day, and even though this opinion is not the custom, it demonstrates that one may certainly do so on the night of the fifteenth. The Siddur of Rabbi Ya’akov Ibn Tzur also indicates that Birkat Halevana can be recited on the fifteenth. It should be noted that the night of the fifteenth day refers to the night which follows the fourteenth of the month and leads into the fifteenth. Summary: One may recite Birkat Halevana the entire night of the fifteenth of the Jewish month. The Shulhan Aruch (O.H. 127:1) writes that when the Shliah Tzibur reaches Modim during the repetition of the Amida, the congregants bow and recite Modim Derabanan, but should not bow excessively. Indeed, the Arizal says that although one should bow during Modim of the silent Amida, when comes to Modim Derabanan, one should only bend one’s head forward. The Siddur Bet Oved and the Ben Ish Hai (Parashat Teruma) concur with this Arizal’s opinion. The Kaf Hahaim (K.H., O.H. 127:2) makes no distinction between Modim of the silent Amida and Modim Derabanan, and says one should bow for both, but this is not the common custom. Interestingly, Rabbi David Cohen-Scali (Kiryat Hana David, vol. II, Orah Haim, § 17) comments on the syntax of the words of Modim “Umagen Yishenu Ata Hu Ledor Vador Node Lecha…” He posits that this should be understood as meaning that Hashem is our shield and savior from generation to generation, and that we should thank Him. Rabbi Ovadia Yosef in his gloss to Kiryat Hana David (brought down in Yabia Omer, vol. VIII, §11:19), based on Tehilim 79:13, questions this reading and says that the phrase should be separated between the words Ata Hu and Ledor Vador, such that the meaning is that Hashem is our shield and savior, and that we should thank Him from generation to generation. Summary: One should bow one’s head when reciting Modim Derabanan. The Shulhan Aruch (O.H. 124:8), based on a discussion in the Gemara (Berachot 47a), says that “Amen” should not be recited in a manner that is “Hatufa”, “Ketufa” or “Yetoma”. Hatufa, or hurried, means that one does not vowelize the letter Alef with the Kamatz and thus pronounces it “‘men”. Alternatively, it means that one hurries to respond Amen before a blessing is completed. Ketufa, or plucked, means that one does not properly pronounce the final Nun and says “Ame’”. Finally, Yetoma, or orphaned, means that one answers Amen to a blessing that one is obligated in but did not hear. For example, if one knows that the blessing for the Shofar is being recited but does not actually hear it, but answers Amen anyway. The Rama (ibid.) adds that there is a stringent opinion the Amen Yetoma also applies to blessings that one is not obligated in. The Abudraham writes that Amen Yetoma is when one does not respond Amen immediately after a blessing, but rather waits a little, such that the Amen is orphaned, as it were, from the blessing. Rabbi Ben Zion Abba Shaul (Or Lezion, vol. II, ch. 5, § 16) clarifies that the Shulhan Aruch does not follow the strict opinion of the Rama and that only responding Amen to a blessing in which one is obligated but did not hear is considered Yetoma. Nevertheless, the Ben Ish Hai (Od Yosef Hai, Parashat Vayehi, §19) is of the opinion that since the Gemara (ibid.) says that a person who is accustomed to recite Amen Yetoma will have orphaned children, he also takes the strict approach and says that one should not answer Amen to a blessing that one is not obligated in and does not actually hear. Similarly, Rabbi Baruch Toledano (Kitzur Shulhan Aruch, 111:37)writes that one should never respond Amen to any blessing that one does not actually hear. Interestingly, the Gemara (Sukkah 51b) recounts that there was a synagogue in Alexandria, Egypt that was so large that attendants had to wave flags in order to notify the congregants when to respond Amen. This would seem to contradict the ruling of the Gemara. The Gemara clarifies that since everyone knew which blessing was being recited it was not considered Yetoma. Based on this, Rabbi Ovadia Yosef (Yechave Da’at) writes that one may answer Amen to a blessing that one hears over the radio. Summary: One should pronounce Amen properly. One should not respond Amen to any blessing that one does not hear. The Shulhan Aruch (O.H. 124:8), based on a discussion in the Gemara (Berachot 47a), says that “Amen” should not be recited in a manner that is “Hatufa”, “Ketufa” or “Yetoma”. Hatufa, or hurried, means that one does not vowelize the letter Alef with the Kamatz and thus pronounces it “‘men”. Alternatively, it means that one hurries to respond Amen before a blessing is completed. Ketufa, or plucked, means that one does not properly pronounce the final Nun and says “Ame’”. Finally, Yetoma, or orphaned, means that one answers Amen to a blessing that one is obligated in but did not hear. For example, if one knows that the blessing for the Shofar is being recited but does not actually hear it, but answers Amen anyway. The Rama (ibid.) adds that there is a stringent opinion the Amen Yetoma also applies to blessings that one is not obligated in. The Abudraham writes that Amen Yetoma is when one does not respond Amen immediately after a blessing, but rather waits a little, such that the Amen is orphaned, as it were, from the blessing. Rabbi Ben Zion Abba Shaul (Or Lezion, vol. II, ch. 5, § 16) clarifies that the Shulhan Aruch does not follow the strict opinion of the Rama and that only responding Amen to a blessing in which one is obligated but did not hear is considered Yetoma. Nevertheless, the Ben Ish Hai (Od Yosef Hai, Parashat Vayehi, §19) is of the opinion that since the Gemara (ibid.) says that a person who is accustomed to recite Amen Yetoma will have orphaned children, he also takes the strict approach and says that one should not answer Amen to a blessing that one is not obligated in and does not actually hear. Similarly, Rabbi Baruch Toledano (Kitzur Shulhan Aruch, 111:37)writes that one should never respond Amen to any blessing that one does not actually hear. Interestingly, the Gemara (Sukkah 51b) recounts that there was a synagogue in Alexandria, Egypt that was so large that attendants had to wave flags in order to notify the congregants when to respond Amen. This would seem to contradict the ruling of the Gemara. The Gemara clarifies that since everyone knew which blessing was being recited it was not considered Yetoma. Based on this, Rabbi Ovadia Yosef (Yechave Da’at) writes that one may answer Amen to a blessing that one hears over the radio. Summary: One should pronounce Amen properly. One should not respond Amen to any blessing that one does not hear.
Although there is no explicit Halacha regarding bathing during the Nine Days, the Shulhan Aruch (Orah Haim 551:16) says that some had the custom to refrain as of Rosh Hodesh, while others only refrained during the week of Tisha Be’Av. The widely held custom in Morocco was to refrain from bathing during the entire Nine Days (c.f Meshulchan Avotenou Tishat Hayamim). * * *Within the Nine Days is the week in which Tisha Be’Av falls (“Shavua Shehal Bo [Tisha Be’Av]”) which has a greater level of stringency, such as restrictions on laundry or shaving. As an example, if Tisha Be’Av were to fall on a Tuesday, then Shavua Shehal Bo would begin two days earlier, on Sunday the 7th of Av. This year (5779/2019) presents an interesting case as the 9th of Av is on Shabbat and therefore the fast is pushed off till the following day. In such a case, the Shulhan Aruch (Orah Haim 551:4) rules in accordance with the Yerushalmi (Ta’anit) that there is no Shavua Shehal Bo. Rav Ovadia Yosef (Yehve Da’at, vol. 3, § 39; Hazon Ovadia pg. 223), Rabbi Ben Zion Abba Shaul (Or LeTzion, vol. 3, 27:6) and the Ben Ish Hai (Parashat Devarim) all agree that in such a year there would be no week of Tisha Be’Av, but mention that although laundry would be permitted, one should refrain from shaving or getting a haircut. It should be pointed out that the Moroccan custom is to refrain from shaving for the whole Nine Days, and some even stop shaving as of the Seventeenth of Tammuz. Summary: Although the original Moroccan custom is to refrain from bathing during the Nine Days. There is room to be lenient if one bathes with lukewarm water to remove uncleanliness from one’s body, even in the week of Tisha Be’Av. During Shavua Shehal Bo, it is forbidden to do laundry, wear laundered clothing and shave. In certain years such as this one (5778) there is no Shavua Shehal Bo and those activities would be permitted, but the custom is to still refrain from shaving or getting a haircut. The Moroccan custom is to refrain from shaving as of Rosh Hodesh Av.What are some ways to prepare for Shabbat?
What is Tosefet Shababt?
What are some customs of the night of Yom Kippur?
Certain cities in Morocco had a custom of reciting Hashkavot (prayer for the departed) for their sages right after Kol Nidre. Interestingly, the Siddur Bet Hakaporet (Dinei Hashkavot, § 4) records this custom in Gibraltar in which Hashkavot were recited for such an exhaustive list of local sages, to the point that congregants became irked by the length of the service. Nonetheless, the Siddur emphasizes the importance of reciting these Hashkavot on the night of Yom Kippur since even the departed need atonement. Rabbi Yehuda Ayash (Ze Hashulhan), Rabbi David Setbon (Ale Hadas) and Rabbi Yitzhak Alfaya (Kuntres Hayehieli) write that this was also the custom in Algeria, Tunisia and Bet El, respectively.
Another custom that is followed by the Moroccan community is that “Vehu Rahum” is recited on Yom Kippur at the beginning of Arvit, even if it falls on Shabbat. Although the Ben Ish Hai (Parashat Vayelech, § 13) rules that it should not be said when Yom Kippur coincides with Shabbat, Rabbi Yaakov Algazi (Hemdat Yamim) supports this custom. Rabbi Ovadia Yosef (Halichot Olam) and Rabbi Amram Aburbia (Netive Am) concur.
Summary: There is a custom to recite Hashkavot for the local sages after Kol Nidre. Vehu Rahum is recited in Arvit of Yom Kippur even when it coincides with Shabbat. Which comes first, the apple or the date?
Selihot: May one add to Anenu?
Can one recite Birkat Halevana on the 15th?
What are the particulars of Modim?
How is Kedusha recited?
How should “Amen” be said?
The Nine Days and the Week of Tisha Be’Av
It would appear that this is a challenging restriction as people nowadays are accustomed to showering daily, especially in the hot summer weather. distinction is made between bathing for pleasure, such as in hot water, and bathing to remove dirt and other uncleanliness. It should be noted that even on Yom Kippur, washing off dirt is permitted. As such, many rabbis are lenient regarding bathing in lukewarm water as it does not involve the same level of pleasure as hot water. Furthermore, although soap used to be considered a pleasurable accessory to bathing (Levush, ibid.), Rabbi Shmuel Kamenetzky (Kovetz Halachot), Rabbi Moshe Feinstein (Shmatata d’Moshe) and others permit soap since it is used to clean off dirt.
Sign up for the Daily Moroccan Halachot Email
