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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 (O.H. 124:5), citing the Tur, says that one responds “Baruch Hu Uvaruch Shemo” (lit. “blessed is He and blessed is His Name”) to any blessing that one hears and at any time. The Shulhan Aruch makes no distinction between a blessing through which one is having one’s obligation of a particular Mitzvah fulfilled, such as one listening to Kiddush, and any other type of blessing. The Shulhan Aruch (Orah Haim 124:4) says that when the Shaliah Tzibur recites the repetition of the Amida, there should be at least nine congregants who listen and respond to the Hazara intently. If there are not nine who can respond, the Shulhan Aruch continues, there is a possible risk of the Shaliah Tzibur’s blessings being recited in vain. As such, each congregant should consider it as though he is the ninth person and should therefore respond to the blessings. There are situations in which having nine people responding is not readily available. For example, if there is a Minyan of exactly ten men and a few pray especially slowly, then it could be burdensome to wait for nine to respond. Or, there are congregations in which the congregants simply do not have the requisite level of concentration to respond during Hazarat Hashatz. In such circumstances, Rabbi Baruch Toledano (Kitzur Shulhan Aruch, ch. 111, § 15 and introduction to Hashamayim Hadashim) says that the Shaliah Tzibur may recite the Hazara but should have in mind that the recital should have the status of a voluntary prayer. He also points out that this opinion is cited by the Mishna Berura (M.B., O.H. 124:19) in the name of the Shulhan Shlomo, as well as by Rabbi Shlomo HaKohen of Debdou, Morocco. It should be noted that this approach does not work on Shabbat or Yom Tov, during which voluntary prayers are not recited, but rather only on weekdays. Summary: At least nine men should listen and respond to the Hazarat Hashatz. If this is not possible, the Shaliah Tzibur should have in mind that the Hazara have the status of a voluntary prayer. After the Amida of Shaharit ,Minha and Musaf are recited silently by the congregants, the Shaliah Tzibur repeats it aloud so as to fulfil the obligation for anyone who does not know how to pray, and this is known as Hazarat Hashatz (repetition of the Shaliah Tzibur) . There is a common custom in the Moroccan community that the Amida is not repeated at all in certain prayers. When Hazarat Hashatz is not recited, the Amida is recited as follows:When the congregants start their silent Amida, the Hazan recites the first three blessings out loud with the congregants reciting it simultaneously, but silently. The Kedusha is then recited in its normal fashion, after which everyone continues the Amida on their own, silently. Finally, when the Hazan reaches the blessing of “Retze”, he raises his voice once again until the end of the Amida. If other congregants finish the Amida before the Hazan, they thus have the opportunity to recite Modim DeRabanan and to listen to Birkat Kohanim. Besides allowing those who do not know how to pray to fulfil their obligation to pray, the Rosh (Berachot) says that the repetition of the Amida allows the congregants to recite Modim DeRabanan. Nevertheless, as mentioned above, by raising his voice in Retze, the congregants still have the chance to respond to Modim even when the Amida is not repeated. Among Moroccan rabbis, there are two approaches to whether or not the Amida need be repeated by the Shaliah Tzibur. However, this discussion is not a recent one nor is it unique to the Moroccan community. The Radbaz (Shu’t HaRadbaz, vol. IV, § 1165) records a debate that took place in his era, between the Egyptian transplants in Tzfat, who followed the Rambam and never repeated the Amida, and the natives of Tzfat who did repeat the Amida. Rabbi Moshe Toledano (Shamayim Hadashim, Orah Haim, § 9) based on the Rambam (Teshuvot HaRambam, § 255), suggests nullifying the repetition of the Amida altogether, since many times, there are not enough congregants who actually respond to the repetition, and thus the Shaliah Tzibur’s blessing may be in vain. Rabbi Yosef Messas (Mayim Haim, vol. I, § 41) also was of the opinion that the Amida need not be repeated, and that if it were repeated it was the exception, not the rule. On the other hand, Rabbi Shalom Messas (Shemesh Umagen, vol. IV, § 45) writes that the Moroccan community’s dispensation to not repeat the Amida was not based on the ruling of the Rambam, but rather was circumstantial. For example, on Shabbat morning when the prayer is longer than usual and congregants look forward to returning home to eat, the repetition of Musaf could be burdensome, and thus an expedited Musaf would be recited. As well, the Bet Yosef (§ 234) writes that the custom in Spain was to not repeat the Amida of the weekday Minha prayer, since congregants had to return to work and were busy with their affairs. Another circumstance is if the latest time for a prayer to be recited is approaching, then it may be recited without a repetition. Thus, Rabbi Shalom Messas, as well as Rabbi Ovadia Yosef (Halichot Olam, vol. I, § 185) write that when a situation arises that necessitates reciting the Amida without a repetition, only then may it be done. Rabbi Baruch Toledano (Kitzur Shulhan Aruch, § 111:5), quoting the Arizal, says that there is great significance to the Shaliah Tzibur repeating the Amida. He therefore suggests a compromise by saying that laypeople, who are busy with their affairs, may skip the Hazarat Hashatz. On the other hand, Torah scholars, yeshiva students and pious people should strive to pray the Amida with Hazarat Hashatz, as was instituted by our Sages. Summary: There are two approaches to Hazarat Hashatz in the Moroccan community. The Shulhan Aruch (Orah Haim, 119:1) says that if one wants to make a personal request in any of the middle blessings of the Amida, one may do so on behalf of oneself or one’s family. For example, if one wanted to recite a personal prayer for one’s livelihood, one could insert it in the blessing of Birkat Hashanim, as that is the blessing which discusses one’s livelihood. The same is true if one wishes to pray for the health of oneself or a member of one’s household, one would insert a personal prayer in Refa’enu. If one wishes to pray on behalf of someone outside of one’s household, one could insert the prayer in Shome’a Tefila or after the second “Yihyu Leratzon” at the end of the Amida. In this context, Rabbi Ben Zion Abba Shaul (Or Lezion, vol. II, ch. 7, § 33), based on the Gemara (Shabbat 105) says that a Torah scholar is considered a member of one’s household and one would be able to pray for his health in Refa’enu itself. He also adds that one should not get into the habit of inserting personal prayers every time one prays lest they become rote and thus less meaningful. The HIDA (Birke Yosef), based on the Arizal, says that the proper course of action is to think about the health or livelihood in Refa’enu or Birkat Hashanim, respectively, and then to recite a verbal prayer for those things in Shome’a Tefila. Summary: When praying on behalf of oneself or a member of one’s household, one may insert a personal prayer in the appropriate blessing in the Amida. For other people one should do so in Shome’a Tefila or after the second “Yihyu Leratzon”. The Gemara (Berachot 42a) explains that there is great importance to juxtapose “redemption” with “prayer”. What this means practically is that the blessing of “Ga’al Israel” -which discusses Hashem as Redeemer of the Jewish people- should be immediately followed by the Amida, which is the core of prayer. Furthermore, the Shulhan Aruch (Orah Haim, 111:1) says that because this juxtaposition is so important, no interruption is permitted between the two. Although the introductory verse (Tehilim 51:17) “Hashem Sefatai Tiftah…” would appear to be an interruption, practically speaking it is part of the Amida and is thus permitted. Not only is a verbal interruption not allowed but even a pause longer than the time it takes to greet one’s rabbi (“Shalom Alecha Rabbi”) is considered an interruption. Therefore, as soon as one recites “Ga’al Israel” one should immediately start the Amida with “Hashem Sefatai Tiftah”. The Rama (ibid.) posits that this uninterrupted juxtaposition is crucial specifically on weekdays and on holidays but not on Shabbat. His rationale is based on the last verse of Tehilim 19, which discusses Hashem as Redeemer, and is immediately followed by the first verse of Tehilim 20, which says that Hashem will answer those in distress. Since Shabbat is not considered a day of distress, then Redemption need not be followed by Prayer, and one would be able to reply to Kaddish, Barechu, etc. (Although Yom Tov has an element of joy, they are considered days of judgment, and thus the aforementioned verses would apply just as on weekday). The Yalkut Yosef (111:5) rules accordingly and says that if one were to hear Kaddish or Barechu, for example, in beween “Ga’al Israel” and the Amida, one would be able to respond on Shabbat. That being said, the Shulhan Aruch makes no distinction between Shabbat and other days, and the Ben Ish Hai (Year II, Parashat Toledot) says that this is the custom. The Siddur Bet Oved (Hilchot Tefila), based on the Kaf Hahaim (K.H., O.H. 111:8), says that even if one only had access to Tefilin right between “Ga’al Israel” and the Amida, one would be permitted to don them but not to recite their blessing. Interestingly, there is an Ashkenazic custom for the Shaliah Tzibur to lower his voice in the latter half of the blessing when saying the words “Ga’al Israel” in order to prevent anyone from accidentally responding to the blessing had they heard it out loud. The Moroccan and Sephardic custom, however, is for the Shaliah Tzibur to say it at regular volume. Indeed, there is a custom to say the first word of the Amida out loud right after the blessing (“Baruch Ata Hashem Ga’al Israel-Hashem…”) to show that no interruption is being made in between. Summary: One may not make any interruption between the blessing of “Ga’al Israel” and the Amida.
Between Shemini Atzeret and Pesach, “Mashiv Haruah Umorid Hageshem”, which mentions Hashem’s might in causing the rain to fall, is recited in the second blessing of the Amida. Between Pesach and Shemini Atzeret, “Morid Hatal” is recited in its place, and it praises Hashem for creating dew. It should be noted that unlike the ninth blessing of the Amida (Barechenu/Barech Alenu), in which one requests rain or dew, Morid Hatal And Mashiv Haruah are not requests but rather praises. There are instances in which rainfall during the summer months is considered detrimental or even a curse, and therefore, the Shulhan Aruch (Orah Haim, 114:4) says that if one accidentally recited “Mashiv Haruah” between Pesach and Shemini Atzeret, one would have go back to the beginning of the second blessing of the Amida. If one already recited the blessing of “Mehaye Hametim” and had accidentally said “Mashiv Haruah” in the summer months, one would have to go to the beginning of the Amida and start over. Furthermore, the Shulhan Aruch says that even if “Mashiv Haruah” was recited in a locality where rain is actually beneficial in the summer months, one would still need to go back. On the other hand Barechenu and Barech Alenu are personal requests for dew and rain, respectively, and thus this is more location-dependent. Indeed, Rabbi Shmuel Wosner (Shevet Halevi, vol. I, § 21) suggests that people living in the southern hemisphere should recite Barechenu in their summer. Nevertheless, since there is doubt in the matter, he recommends that one insert the words “Veten Tal Umatar” (lit. “send dew and rain”), which is normally said in winter, in the blessing of Shome’a Tefila. Similarly, Rabbi Ben Zion Abba Shaul (Or Lezion, vol. II, ch. 7) says that in such a case, one should say “Veten Tal Umatar Be’artzenu Hakedosha” (lit. “send dew and rain in our holy land”) in Shome’a Tefila to reflect that the main thrust of these mentions of praise and requests is to pray for proper weather in the Land of Israel. Furthermore, in their winter, they should recite Barechenu since it is summer in the northern hemisphere, but they should still recite “Veten Tal Umatar” in Shome’a Tefila to request rain for their own land. Rabbi Yosef Benaim (Noheg Behochma, pg. 225) writes about Rabbi Yisachar Bensoussan (Ibur Shanim), who witnessed in his native Fes the rabbis gathering in the city square during a drought, reading different parts from the Torah and Nevi’im and holding thirteen fasts, just as is explained in the Gemara (Ta’anit). He writes that after they did this, it began to rain and they read Hallel in gratitude of the Hashem answering their prayers. Summary: In the southern hemisphere, one should recite Morid Hatal and Barech Alenu in their winter. In their summer one should recite Mashiv Haruah and Barechenu, and add Veten Tal Umatar Be’artzenu Hakedosha in the blessing of Shome’a Tefila. The Shulhan Aruch (O.H. 112:2) rules that one may not insert liturgical poems (Piyutim) and the like into the prayer. The Rama, however, says that there are opinions which do permit their recital because there is a communal need for them. In this context, the Shulhan Aruch is referring to the central part of the prayer, that is, the blessings of the Shema and the Amida. Although the Ashkenazic rite includes several examples of Piyutim that are inserted into the prayer, it is less common among Sephardic communities and is usually only done during Rosh Hashana and Yom Kippur. Rabbi Haim Ben Attar (Hefetz Hashem, Berachot 11) says that inserting Piyutim in the prayer is a longstanding custom that predates the Shulhan Aruch and that it should be firmly upheld. There is a more common custom, especially among Moroccan Jews, to insert Piyutim in the Pesuke Dezimra.These Piyutim are recited not only on Rosh Hashana and Yom Kippur, but throughout the year, such as Shabbat Shira, and during life cycle events, such as a Brit Mila.The HIDA (Tov Ayin, § 18:35) questions how opponents to this custom could find any wrongdoing with it. The whole point of Pesuke Dezimra is to sing praises to Hashem and by inserting other Piyutim, it is only enhancing this praise. The famous Piyut “Mi Kamocha” by Rabbi Yehuda Halevi, which is recited on Shabbat Zachor, ends off with words that are clearly connected to Nishmat, which proves that it was meant to be sung at that point. Furthermore, the prolific Paytan and scholar Rabbi David Hassin ended many of his Piyutim with the words “Nishmat Kol Hai” to indicate that their proper place was in Pesuke Dezimra. Rabbi Yehuda Toledano (Vezot L’Yhuda) confirms that this is the Moroccan custom and that anyone who opposes it violates the will of the Rishonim. Rabbi Shalom Messas (Shemesh Umagen, vol. I, § 41) and Rabbi Avraham Adadi (Vayikra Avraham, pg. 122) concur and add that not only are these Piyutim not an interruption, as some contend, but rather they enhance the awe that one should have when praying. Summary: Reciting Piyutim in Pesuke Dezimra is a legitimate custom and is not considered an interruption. The Shulhan Aruch (O.H. 110:4) says that when one embarks on a journey, one should recite a special prayer, known as Tefilat Haderech. Although Tefilat Haderech ends off with a blessing, the Shulhan Aruch does not discuss it in the laws of blessings but rather in the laws of prayer. The practical implication of this is that, according to Rabbi Shlomo Zalman Auerbach (Ishe Israel, ch. 50, note 4), since it is a prayer, one could insert a personal request. For example, one could request to be protected from a car accident while taking a road trip. On the other hand, Rabbi Haim Kanievsky says that the prayer already includes a reference to “all types of calamities” and this would therefore include car accidents and the like. The Shulhan Aruch (ibid:7) says that Tefilat Haderech should only be recited if one’s journey is at least a Parsa in length (roughly 4 km or 2.5mi) beyond the city limits. Rabbi Ben Zion Abba Shaul (Or Lezion, vol. II) and Rabbi Shlomo Zalman Auerbach (Halichot Shlomo, ch. 21, § 3) both add that as long as one is driving among a constant stream of cars, one is considered to still be within the city limits and one should not recite Tefilat Haderech. Regarding whether or not to recite the blessing of Tefilat Haderech with Hashem’s Name (also referred to as Shem Umalchut) in general, there is a well established Moroccan custom not to do so. The commonly used Siddurim Tefilat HaHodesh, Bet Oved and Patah Eliayhu all have Tefilat Haderech without Shem Umalchut. The Pri Hadash says that since the Rambam did not discuss Tefilat Haderech at all, then if one wishes to recite it, it should be done without Shem Umalchut. This approach is supported by Rabbi Ovadia Hedaya (Yaskil Avdi, vol. VII, Kuntres Achran, §3), Rabbi Shem Tov Gagin (Keter Shem Tov, pg. 634) and Rabbi Matzliah Mazuz (cited in Magen Avot, Orah Haim, § 110), who all say this is the Sephardic custom. It should be noted that some Moroccan Poskim, such as Rabbi Yehoshua Maman (Emek Yehoshua, vol. I, Orah Haim, § 40) and Rabbi Shlmo Amar (Shema Shlomo, vol. III § 5), write that the blessing at the end of Tefilat Haderech should be recited with Shem Umalchut. Even for those who follow this opinion, it would only apply to a road trip that is beyond the city limits and is in a desolate area, or on a flight. Summary: The common custom is to recite Tefilat Haderech without Hashem’s Name. If one has a custom to recite it with Hashem’s Name it should only be in situations with truly warrant the recital of Tefilat Haderech. The Shulhan Aruch (O.H. 109:1) says that if one enters the synagogue (or is lagging behind in the prayer) and the congregation has reached the Amida, one may begin one’s Amida if one will be able to finish in time to respond to Kedusha (in the case of Shaharit and Minha) or Kaddish Titkabal (in the case of Arvit). If one does not believe that one would be able to finish one’s own prayer in time to respond to Kedusha or Kaddish, one should wait till the Shaliah Tzibbur reaches Kedusha or Kaddish, after which, one may begin one’s own silent Amida. Both of these scenarios ensure that one is considered to have prayed with a Minyan and gets credit, as it were, for such. Similarly, if the Minyan has already recited the Kedusha, one may begin one’s silent Amida if one will finish in time to respond to Modim. Otherwise, one should first respond to Modim and then begin one’s own Amida. If one began praying with the Minyan but prayed slowly such that one will not be able to respond to Kedusha or Kaddish, one is still considered to have prayed with a Minyan since one started on time. Rabbi Elazar Tobo (Pekudat Elazar, § 90) writes that if one is accustomed to taking one’s time during the Amida but does not want to miss responding to Kedusha and the like, one may begin one’s silent Amida earlier than the rest of the congregation and one would still be considered to have praed with a Minyan. Rabbi Ovadia Yosef (Yabia Omer, vol. II, Orah Haim, § 7:6), citing Rabbi Avraham Gagin (Yeriot HaOhel), concurs with this approach. Similarly, Me’at Mayim (§ 21 states that as long as one starts praying at the same time as the congregation, one is considered to be praying with a Minyan. Summary: If one is running behind in the prayer, one should only start the Amida if one will finish in time to respond to, depending on the case, Kedusha, Modim or Kadish. One may begin one’s Amida earlier than the congregation if this will ensure that one will have the opportunity to respond to the aforementioned parts of the prayer. The Shulhan Aruch (O.H. 108) delineates the rules regarding one who missed the Amida prayer. In the times of the Bet Hamikdash, if one failed to bring an offering, one was able to bring a compensatory offering. Similarly, if one did not recite the Amida for one of the three daily prayers, one can make it up later. The first rule is that if one missed the Amida, one can make it up by reciting an extra Amida at the next prayer. For example, if one did not recite the Amida of Shaharit, one could make it up during the next prayer service, Minha. Furthermore, one can only make it up during the prayer service that immediately follows that which one missed. Thus, if one missed Shaharit, one cannot make it up during Arvit, for example. Secondly, the prayer that one is making up for must be recited after one recites the regularly scheduled prayer first. So if one missed Shaharit, when the time for Minha would come, one would first have the intention that the first Amida would be for Minha, and then one would recite an Amida again afterwards to make up for Shaharit. One exception to this is Musaf, which, if one missed, one may not make up. Musaf may be recited up until sunset and therefore the next prayer in which one would theoretically be able to make it up would be Arvit. Nevertheless, the Tosafot explain that since Musaf has references to bringing offerings and offerings are never brought at night, it would not be proper to recite it during Arvit. It must be noted that one can only make up a prayer that was missed unintentionally (Shogeg), not intentionally (Mezid). What constitutes Mezid and Shogeg in this context is not black and white and there are cases in which one “intentionally” misses a prayer but it may still be considered Shoged. The Shulhan Aruch (ibid:8) says that if one was busy in one’s affairs and thought that one would have enough time to pray afterwards but ended up missing the time for prayer, such a situation would be considered Shogeg and one would be able to make up the prayer. Similarly, if one missed a prayer because one was involved in a business transaction that was meant to prevent a financial loss, one would be able to make up the prayer later on. The Biur Halacha (cf. Mihu Lechatechila), citing the Pri Megadim, specifies that if one stands to lose one fifth of one’s net worth, one could skip a prayer to prevent it and make up the prayer later. Conversely, the Mishna Berura (M.B., O.H. 104:2) says that if one is in the middle of the Amida, no type of potential monetary loss warrants one stopping in the middle of the prayer in order to resolve the financial matter, since this is a slight to the honor of the prayer. Summary: If one misses a prayer, one may make it up according to specific Halachic parameters.When does one respond “Baruch Hu Uvaruch Shemo”?
The Mishna Berura (M.B., O.H. 124:21), on the other hand, cites sources that say that one should only respond “Baruch Hu Uvaruch Shemo” to blessings that are not being recited on one’s behalf, such as if one’s fellow is reciting Birkot Hatorah during an Aliyah, and the like. For blessings that are being recited on one’s behalf, such as those for Kiddush, Shofar or Megila for example, then reciting “Baruch Hu Uvaruch Shemo” can be considered as an interruption. In other words, just as one would not interrupt one’s own blessing, the same is true when one is listening to a blessing said on one’s behalf, according to this approach.
The HIDA (Birke Yosef, § 124) says that although there is a stringent approach not to respond to blessings said on one’s behalf, the custom to do so should not be challenged.
Rabbi Baruch Toledano (Kitzur Shulhan Aruch, pg. 101) says that the custom to respond “Baruch Hu Uvaruch Shemo” should be upheld, especially in light of the fact that he considers it part and parcel of the blessing itself. Indeed, when people are overly stringent, then they may forget to recite “Baruch Hu Uvaruch Shemo” even when a blessing is not said on their behalf, in which case all agree that is must be said. Thus, when people are overly cautious about reciting it, the significance of “Baruch Hu Uvaruch Shemo”, which is an important praise of Hashem, is greatly diminished.
Summary: Baruch Hu Uvaruch Shemo is recited when one hears any blessing. How many are needed for Hazarat Hashatz?
Hazarat Hashatz: What’s the Minhag?
How does one pray for a recovery or for livelihood?
Another detail is that when praying for someone’s health, one should say the person’s name and their mother’s name (eg. David ben Mazal, Tamar bat Simha). As well, when praying for one’s father one should add the honorific “Avi Mori” (lit. “my father, my teacher”). Juxtaposing Geula and Tefila
May one ever make an interruption between Geula and Tefila?
Southern Hemisphere: Which Bracha?
A question arises regarding the recital of Mashiv Haruah in the southern hemisphere. Although rain may be detrimental in the summer, the period between Pesach and Shemini Atzeret actually coincides with their winter, and thus the status of Mashiv Haruah may be unclear there. Rabbi Haim Shabtai (Shu’t Maharhash/Torat Haim), answering questions from the early Jewish settlers in Brazil in the sixteenth century, entertains the possibility that Mashiv Haruah is not related to a specific part of the world, but rather to the unique needs of a country. Rabbi Mordechai Lebhar (Birkat Erev, § 8) suggests that there is a distinction between Mashiv Haruah and the blessing of Barech Alenu. Mashiv Haruah is a general mention of praise for how Hashem runs the world, and since most people live in the northern hemisphere, then it is appropriate to mention the praise that befits the season inthat part of the world, Therefore, even if one is in Australia during their summer, for example, one should still recite Mashiv Haruah. May one recite Piyutim during the prayer?
When does one recite Tefilat Haderech?
Credit for Minyan
When does one get credit for praying with a Minyan?
Making up a Missed Prayer
When can one make up a missed prayer?
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