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Kitzur Shulchan Aruch

Shulchan HaMalach
Part One

Selected and gathered by a pure and holy soul, one of the leading!
Rabbis and Torah scholars of Aram-Zova (Haleb) of the previous!
generations, Maharan Harav

Shmuel Laniado z"al

from his holy writings, and printed in the year 1923
with a supplement containing miscellanious other laws collected from
the Shulchan Aruch and the works of other Achronim relevant to
our age, named

Al HaShulchan
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Jerusalem 1992

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THIS KISSUR S H U L H A N A R O U K H
IS DEDICATED B Y
M R . M R S . DAVID S A R G O N A I N S W O R T H
I N MEMORY OF H E R B E L O V E D MOTHER
MRS. L E A H K L I N G B E R G
OF
WELLINGTON, N E W Z E A L A N D
DEDARTED 2ND DAY OF ROSH HODESH
TAMMUZ 5749
AT AGE 94
M A N Y WOMEN H A V E DONE VALIANTLY,
B U T YOU HAVE SURPASSED T H E M ALL"
( P R O V E R B S 31:29)

Preface of the first publisher

(free translation)
Praise the Great Lord Who has singled out his nation, Israel, to
be his treasure, and gave them His Torah as a heritage. This He did
so that they would know the ways of Hashem and his Torah, in order
that they will be able to attain the eternal happiness which is the
goal of all men; to elevate themselves, and to cleave to their source.
This he did not grant to the other nations, who stumble in the dark.
Despite the fact that Israel has sinned and been driven from their land,
even so the Shechinah of Hashem still dwells among them.
In every generation, men of stature, speaking with the spirit of
Hashewm, have arisen among Israel. Their task was to instruct His
people in following the Torah, and ease their way by finding them
a straight and direct path. First were the Sages of the Mishnah and
Talmud, who formed the foundation upon which the pillar was later
to rest. Afterward, in the wake of suffering and affliction, when the
hearts were no longer capable of absorbing and understanding the
true depth of the Torah, the first of the Geonim arose, followed by
the Poskim, who cleared away all doublts and resolved all problems.
With the further increase in the tribulations of the Jewish Nation
and the corresponding decrease in ability to master the Torah, the
Poskim Achronim arose and made the task even simpler. They made
the Halacha simple and uncomplicated, saving the need to expend
effort in arriving at a clear-cut ruling.
I have seen the edition of the Shulchan HaMalach by one of the Torah
scholars of Aram-Zova, Rabbi Shmuel Ladiano za"l. In his sefer, he
has formulated the laws of the Shulchan Aruch-Orach Chaim and those
of the Achronim, selecting the more necessary halachot, and arranging
them all together. I have also seen it's usefulness to the common people,
aiding them in understanding the numerous details of the many laws.
Then, I was caught up by a desire to see it's publication, and enable the
general public to know the laws all must be familiar with for everyday
use.
2

However, since I have grown old and lack the strength of my younger
years to support myself and my family, not to speak of bearing the
expenses necessary for publishing this sefer, I have sunk deep into
debt. Therefore, I wish to request of my God-fearing and generous
brothers to aid me in undertaking the publishing of this sefer, and help
me pay off all debt so as to enable my family and myself to survive.
In the merit of this mitzvah, may Hashem then pour his blessing upon
you, amen.
I can but bless all the generous-hearted that have aided my by their
munificence in covering the publishing costs. I especially wish to thank
the grandchild of the author, Rabbi Yitzchak Laniado Shravti. He is
the one who gave me the manuscript, and donated a sizable sum
of money towards it's publishing. May Hashem grant him a long,
pleasant, life, and may rejoicing be his lot and the lot of his children
and grandchildren.
In addition, I wish to thank and bless Rabbi Yosef Yehudah Sasson
Agami, for donating a liberal sum for the sefer's publication in memory
of his brother, Eliyahu. May the merit of the author protect his soul,
amen.
Lastly, I pray to Hashem to aid and support a true friend of Torah,
who too contributed a generous sum to have the sefer printed, and
wishes to remain anonymous. May he merit honor, wealth, and success;
and may the Mashiach come in his days, amen.
Ezra son of the sainted chacham, knowledgeable in both niglah and
nistar, HaRav Nissim Lopez za"l.

B"H

Several remarks concerning the second edition:

Only a few months after the printing of the first edition of Shuclhan
HaMalach, not a single copy remained in our possession. Hundreds
of orders were received for additional sefarim, and many have longawaited the appearance of the second edition. This certainly may
serve as an attestation of the highest sort to the esteem granted this
holy book.
In this edition as in the previous one, we have been aided in the
work of publication by the sons and daughters of Avraham and Sarah
Zafdia, in memory of their dear parents. May the merit of Torah protect
them, and may Hashem grant all their wishes and bless them.
Lastly, we wish to note that in many educational institutions as well
as in other locations where Torah classes regularly take place, the
demand for this sefer is especially great. Inquiries have also been made
as to the second volume of Shulchan HaMalach, which is now in the
process of being prepared for eventual publication.
In heartfelt thanks to Hashem for having made our lot among those
that study in the House of Torah,
HaRav Ezra Bazri shlitah
Av Bet-Din of Jerusalem

HaRav Ezra Bazri, shlitah

Av Bet-Din, Jerusalem

Foreword
The holy HaRav Yosef Karo is the author of those tremendous
works, the Bet Yosef and Shulchan Aruch, which were rapidly
disseminated among Jewish communities world-wide soon after their
appearance. At a later period, the Bet Yosef received the designation,
"The Large Sefer", while the Shulchan Aruch was named "The
Small Sefer" (as noted by the Knesset HaGedolah and other great
Torah authors). The motive behind these appellations was, as Rabbi
Yosef Karo himself notes in the foreword to the Shulchan Aruch,
that his book was written in brief, concise, form to enable it s being
reviewed once each month. This is how he describes the purpose
beoynd the writing of his second work, quoting from the preface to
the Shulchan Aruch:
5

"I have searched and found that it would be best to compile

the most precious and dear statements of the Halacha in terse,
concise, and pleasant language, and so enable the Torah of Hashem
to be fluently known by all. This would give Halachic authorities
the ability to be able to reply unhesitatingly to any queries put to
them, for after becoming thoroughly familiar with this book, all
laws which demand immediate, practical, application, will become
clear and obvious to them. The book itself has been designed in
such form that it can be easily divided into thirty sections, enabling
each section to be studied daily, and the entire book completed
monthly. Furthermore, young students will also be able to constantly
study it and become well-versed with it's contents. Thus, knowledge
of practical Halacha will remain forever ingrained in their minds
from early age."
If one wishes to detect an example of the extant to which we have
sunk and our ancestors are to be alikened to angels, suffice be it
to read this preface. Even the greatest of Torah scholars of our age
would find difficulty in completing all four sections of the Shulchan
5

Aruch within the span of one month, even superficially, as opposed

to the school-children of Rabbi Yosef Karo's time.
Due to this decline in the mental capabilities of the later generations,
and to meet the demands of Rabbi Yosef Karo to have each and every
Jew review the laws of the Halacha, the sages of succeeding periods
have sought to compose condensations of the Shulchan Aruch. This
was intended to enable all to acquire, at the least, basic information
concerning the more essential Halchot.
The best-known of these abridgements, and the one to have merited
re-printing the greatest number of times, is the Kitzur Shulchan
Aruch by Rabbi Shlomo Ganzfried zt"l, first published in the year
1844. After it's appearance, the noted sage, HaRav Chaim Kohan,
sent his annotations on the book to the author, who sent back his
reply the following year. Rabbi Shlomo praised the annotations,
adding that he himself had composed a list of corrections for the
second edition. Eventually, all annotations and corrections were
compiled into the commentary on the Kitzur Shulchan Aruch titled,
Misgarat HaShuichan, which received the approbation of Halachic
authorities.
Our Sages have commented that all matters depend on mazal, even
for a Sefer Torah resting in the Ark (see Zohar for an explanations
of their remark). At any rate, we are witness to the fact that the
sefer Shulchan HaMalach by the great sage and Torah scholar,
HaRav Shmuel Laniado zt"l (who wrote his Kitzur Shulchan Aruch
in Aram-Zoba in the year 1804, which should make him among
the first to compile such a work), remained in manuscript form
for many years. It was only printed in 1923, 120 years after it was
written, due to the efforts of the Gaon HaRav Ezra Nissim Lupaz,
zt"l.
Ever since it's first printing in Aram-Zoba, the Shulchan HaMalach
has never been re-published. This, despite it's great importance and
indispensability to all.
The Kitzur Shulchan Aruch, due to it's having been written in
Hungary, reflects Ashkenazi customs only. Often, in conversations
with leading sages of the Sephardi community, the need for a Kitzur
6

Shulchan Aruch containing Sephardi laws and customs has been

raised.
However, one of the greatest of our sages during the last
generations, HaRav HaGaon Yosef Haim zt"l of Baghdad, composed
his widely-accepted classic, Ben Ish Chai, whose format is similar in
form to that of the Kitsur Shulchan Aruch, with an addendum
containing new laws. In addition, contained within the book are
customs whose sources are in Kabbalah, for Rav Yosef Chaim
was proficient in both nistar and p'shat. Aside from all knowledge
concerning him mentioned in sefarim, it is well-known in our family
(which is also his family), that he was as an angel of Hashem in
holiness and piety. Anyone having doubts concerning his conduct
or rulings in Halacha, is as if casting doubt on the veracity of the
Shechinah. On more than one occasion, I have been able to prove to
those who disagree with his words and customs in Torah, that the
problem was one of their lack of comprehension, while his words
are upheld by those that truly understand him.
Nevertheless, while I was involved in the holy task of publishing the
sefarim of Rabbis of the Sephardi Community, and particularly those
of Aram-Zova, I happened to notice the sefer Shulchan HaMalach.
After perusing it, I became aware of the greatness of it's importance
as concerns the laws and customs of the Sephardi Community,
for his teacher had been none other than one of the great sages
of Aram-Zova of the period. And this at a time when even the
businessmen of the city were versed in Torah no less than any of
the great Torah scholars of our age. The implication being, that we
cannot even begin to imagine the extant of his greatness. Since
roughly two hundred years have elapsed between the time of the
sefer''s writing and our present-day era, new laws have been enacted
by later Halachic authorities, and in the wake of modern technology,
difficult problems have arisen which have been dealt with by them.
The public therefore deserves to know what is the Halachic ruling
in situations which didn't exist at the time of the author, and how
they must now act.
Therefore, following the method of the author, I have collated
7

Halachic rulings from various Achronim sources, adhering to the

order laid down by the author. This supplement has been named A l
HaShulchan. All that examine it should be aware of the fact that any
material gathered there has passed my inspection, and if any error is
discovered, the fault is with me; the text of the author, however, is
faultless. In addition, I have also seen fit to devote a chapter to the
subject of forbidden foods, extracted from the Yoreh De'ah section
of the Shulchan Aruch, since the need for knowing these laws is
vital for every-day implementation.
I have collected laws from the sefer Ben Ish Chai, making use
of those laws which I thought would be most suitable for our
era, for, "Each generation and it's needs, each generation and it's
sages". Other sources are the books written by scholars and sages of
Aram-Zova, the author's home town. In addition, I have compiled
material gathered from the sefarim of the sages of Morocco, Tunis,
Egypt, and various other areas throughout the Diaspora. The name
of each source is noted alongside each law. However, in order to
avoid tiring the reader with long lists of sources, I have noted only
the last source which was used in forming the Halachic ruling.
It should be made clear to all that the Sephardi community itself
is composed of various sub-communities, classified according to
their land of origin. Each group in turn has it's individual customs.
No attempt has been made to decide in favor of one custom over
the other, or to change the custom of any particular community. I
have only mentioned customs which are followed by the mainstream
of the Sephardi community, and if a certain city behaves otherwise,
it should continue doing so. This, on condition that the custom
is not an erroneous one which goes against the Halacha. In the
volumes of Laws of Business and Charity, I have mentioned the
ruling for those that choose to follow the Shulchan Aruch, the
Ashkenazi authorities, and the Ramah. However, in the material
collected for the A l HaShulchan in this book, I have not referred
to any Ashkenazi customs, since in my opinion, all laws relating
to customs mentioned in the Orach Chaim section of the Shulchan
Aruch can be found in the well-known Kitzur Shulchan Aruch, and
there is no need for an additional Kitzur.
8

Worthy of being blessed are the contributors to the publishing of

this sefer, the dear children of the family of Abraham and Sarah
Safdieh. They are possessed of a good and generous heart, and have
done much to aid the Institute. May it be the will of Hashem that
the merit of Gaon Rabbeinu, the author, stand by them and all the
members of their family. May he be a faithful advocate in their favor
that they be blessed with children and the means for continuing in
the service of Hashem amidst happiness and plentitude, and may
they also continue performing mitzvot and good deeds.
Also worthy of blessing are the many Rabbis and workers located
in various lands that have aided and supported the Institution. We
cannot mention their names here, but they realize to whom we are
referring; may Hashem bless them, and fulfill all their wishes for the
best.
Unfortunately, we have only the scantiest of sources pertaining
to the life and background of the author of the Shulchan
HaMalach.What little is known, however, is that he was a scion
of the famous Laniado family, which produced sons that were great
in Torah. Concerning the family itself, we have dealt with it's history
in the preface to the Klai Chemdah on Breishit, and the sefer Lachem
Shlomo.
The author lived in the generation of that great Gaon and relative
of his, HaRav Refael Shlomo Laniado zt"l, author of Bet Dino Shel
Shlomo and other sefarim. He also served as chief Rabbi of AramZova. In his own sefer, the author of Shulchan HaMalach quotes
from the Bet Dino Shel Shlomo, noting it with a distinct mark, the
letters lamed chet, which appears in our edition as well.
Reading the eulogy delivered at his death by the great Gaon,
HaRa Avraham Siton zt"l, and recorded in his sefer Mallei Avraham
(published by the Institute, pg. 182, drosh 19), we learn that the
author was a dayan in Aram-Zova and judged fairly. He was entitled
Chief Rabbi of the city, and Head of the metivtah of Aram-Zova.
It seems that he was named Shmuel after the author of the
"Kailim", the Gaon Rav Shmuel Laniado zt"l. These names arise
frequently in the family genealogy, for the father of the Bet Dino
Shel Shlomo was also named Shmuel.
9

The son of the author was Rav Shlomo Ladiano zt"l. He was a
Torah scholar, and passed away in the year 1867. His son was Rav
Eliyahu Laniado, whose two sons, Rav Shlomo and Rav Yitzchak,
were famed for their Torah erudition and piety. Rav Shlomo Laniado
was the father of HaRav David Laniado zt"l, the author of a book of
biographies concerning the great saints and scholars of Aram-Zova.
This book has served as the source for much of our knowledg
concerning the Rabbis of Aram-Zova.
The author notes in his preface that his sefer was written in
the wake of the tribulations which were increasing in his period,
and the pressing need to arrive at speedy and clear-cut ruling on
Halachic matters. Furthermore, he wished to arrive at a Halachic
decision in matters wherever either Halachic opinions differ, or the
Shulchan Aruch noted conflicting views without revealing which one
he favored. On rulings where the Ramah was more lenient than the
Shulchan Aruch, the Shulch HaMalach favors the latter, while if the
Ramah was the more stringent, he simply notes his opinion as being
set aside for those wishing to be more pious. In addition, laws
which are irrelevant to everyday use are not mentioned. He mentions
the rulings of achronim such as Knesset HaGedolah, by Rabbi Chaim
Benbenishti, and the book of his contemporary, HaRav HaChidah
zt"l, who became world-famous at the time. Many of the customs
of his native city Aram-Zova (Haleb), were preserved by him, and
he gives Halachic rulings concerning them, as the reader will notice
in many places.
In his preface, the author utters the prayer that, as he merited
producing a Kitzur on the Orach Chaim section of the Shulchan
Aruch, so may Hashem grant him the means and strength to produce
one on each of the other three sections as well. We do not know if he
ever wrote a Kitzur for the other sections or not, for this sefer itself
was hidden in manuscript form the year 1804 until it was discovered
in 1923 by Rabbi Ezra Lupaz zt"l, who then decided to publish it.
The manuscript was in the possession of HaRav Yitzchak Ladiano
zt"l, grandson of the author, who handed it over to Rabbi Ezra
Lupaz. It was Rabbi Ezra that came forth with a large sum for the
10

printing of the sefer, along with several other contributors mentioned

in the book. Rabbi Yitzchak merited mention in the book Scroll of
the Righteous for his efforts in elevating the honor of the Torah and
it's laws in New York, and mainly in Buenos Aires.
There remains a possibility that other manuscripts written by
the author still exist, either in his family's possession or in Haleb.
Anyone receiving word of the actual existence of such a document
is requested to inform us, allowing us to print it and thus benefit
the public.
The first publisher also gave credit to Rabbi Yitzchak for having
preserved this manuscript, saving it from the fate of other manuscripts
which unfortunately have been lost to us forever.
Rabbi Ezra Lupaz, son of Rabbi Nissim Lupaz, is described in
the book Scroll of the Righteous as a Torah scholar of stature, and
active in philanthropic organization, as well as being the Kashrut
supervisor of the mikvaot in Aram-Zova. Aside from this particular
sefer, he also published the sefer Tzva'at Yikarah by the author of the
book Yesod V'shoresh HaAvodah. He wrote a interesting sefer on
droshim titled Magen Ezra, but did not complete it's publishing
before his death.
His father Rabbi Nissim, mentioned in at the end of the Shulchan
HaMalach, was one of the outstanding Rabbis of Aram-Zova. He
lost his sight at the age of 26, but nevertheless continued his studies
of the Talmud and Halacha. Rabbi Shaul Davik, in his eulogy of
Rabbi Nissim, said of him, "He was a man who knew all, Scriptures,
Mishnah, Talmud, and Kabbalah". Legend has it that he was versed
in the six orders of the Mishnah along with their commentaries,
and was thoroughly familiar with the Talmud, Rashi and Tosefot. He
also was well-versed with Halachic authorities of both the Rishonim
and Achronim, plus writing a commentary on the Rambam.
It is told that at first, Rabbi Ezra was childless. When his mother
passed away, he placed a note in her hand requesting that she pray
for him; the prayer was accepted, and a son was born to him the
following year.
During the war years of 1914-1918, he was in Jerusalem, and
11

due to the difficulty of the situation in the country, returned to

his native city of Aram-Zova. There he made efforts to engage in
matters concerned with Torah observation, and on erev Shabbat,
would enter each store and request it's owner to close shop before
sunset. From his preface to this sefer, the impression given is that
economically, the situation in Haleb was a severe one. It should be
noted that those years were ones of world-wide economic hardship
elsewhere as well. In the wake of this economically straitened period,
many left the city and immigrated to North and South America.
The difficulties of the economic situation also led to the loss
of many valuable sefarim and manuscripts, among them, it seems,
the sefer written by the publisher. It is also possible that other
manuscipts of the author, Rabbi Shmuel Laniado, were lost as well,
though the possibility still exists that they may still be located in
some unknown site.
Unfortunately, we have no means of evaluating the greatness of
the author, who was the son of a illustrious family, or the greatness
of the first publisher, who was able to bring to print no more than
a fraction of the author's material.
May the merit of the revered author and that of his distinguished
ancestors throughout the generations stand by our's and our
children's side, so that the Torah shall not be forsaken by them
forever. In addition, may it stand by the side of all that have aided
and supported the Ktav Institue, who too have a share in all the
thirty-odd sefarim that have already been published by it.
I pray that Hashem will give me the strength, and move the
hearts of the generous of our nation, so that this great undertaking
will be able to continue and publish other important sefarim and
manuscripts, Torah novella, and publications on all areas of the
Torah and Judiasim. May we be able to contribute to the increase
of the honor of Torah and Heaven upon Earth, for this is our sole
goal in life.
May the merit of Torah shield all that whole-heartedly engage in
this holy task, and protect all those dear, generous, donors; may
we merit to see that the words of the Torah remain on our and

12

our children's lips forever. May Hashem aid us in upholding all the
mitzvot and commandments of the Torah properly, and fulfill our
mission in life. And may we merit the Redemption and the coming
of the Mashiach speedily, amen.

Author's Preface
(abridged version)

In composing this Kitzur on the Orach Chaim of the Shulchan

Aruch, I have adhered to three basic guidelines. First, halachot which
rarely arise in practical day-to-day situations are not to be found
in this book. Second, wherever Rabbi Yosef Karo mentions two
conflicting opinions concerning a halacha, and leaves the ruling as
undecided, I have followed the view of the Rav Yad Malachi za"l,
whose ruling I then noted in my book. Third, concerning the remarks
of the Ramah, if they concur with the Shulchan Aruch, I chose to
leave it untouched; if they take a more stringent view than that of
the Shulchan Aruch, I mentioned them as well, noting that it was not
the true ruling, but only a opinion that may be followed by those
wishing to be pious and accept the more stringent view.

T A B L E OF CONTENTS

Chapter 1:
Chapter 2:
Chapter 3:

1
6

Laws of rising and washing in the morning

Laws of washing for meals
What type of cup may be used for washing the

hands

Chapter 4:

The kind of water that may and may not be used

for washing the hands
Chapter 5: Laws of chazizah in washing the hands
Chapter 6: The laws of raising and rubbing the hands after
washing
Chapter 7: What to do when no water is available, or when
feeding others
Chapter 8: The laws of the morning blessings
Chapter 9: The laws of donning zitzit
Chapter 10: To which clothes one is obligated to affix tzitzit
Chapter 11: The strands ofthe tzitzit and how they are to be
woven
Chapter 12: What makes tzitzit unsuitable for use
Chapter 13: The laws concerning tzitzit on Shabbat
Chapter 14: Laws of tzitzit manufactured by non-Jews or by
women, and of a borrowed tallit
Chapter 15: Laws of a tallit that was torn; and of wearing
tzitzit, its reward and punishment
Chapter 16: The laws of tefillin in detail
Chapter 17: The laws of where and how tefillin are to be put
on, and the laws of the retzuot
Chapter 18: Who is obligated to put on tefillin and who is
exempt. The correct time to put them on and how to respect their
holiness
Chapter 19: The laws concerning converting tefillin shel yad into
tefillin shel rosh

13

16
7

23
27
30
32

35
37
38
40

43
47

56

Chapter 20:

The prohibition of sleeping in tefillin and entering

a cemetery with them
Chapter 21: The laws of prayer from baruch sheamar until
yishtabach
Chapter 22: The laws concerning one that arrived in Synagogue
at yishtabach
Chapter 23: The laws of reciting and answering kaddish and
answering amen after blessing
Chapter 24: The laws of the blessings of shema and if its recital
is required to be with intention to fulfill the mitzvah
Chapter 25: The correct time for reciting shema, and how and
with what concentration it is to be recited
Chapter 26: The obligation to avoid the uncovered hair and the
voice of women while reciting shema, and the prohibition of reciting
it in front of ucovered parts of the body, excerment, and urine
Chapter 27: The laws of the amidah, its correct time and the
place to recite it; what to do on a journey, and if one wishes to
relieve oneself before or during the amidah

Chapter 28:

58
59
61
63
73
75

81

91

The laws of reciting the amidah while riding; how

to stand, and what thoughts and devotion to have while reciting
the amidah; and the laws of an intoxicated person concerning the
amidah
99
Chapter 29: The laws concerning not interrupting during the
amidah; one that recites two amidot; those that are exempted from
the amidah; one that is doubtful if he recited the amidah; a freewill amidah; and the laws concerning those who did not recite the
amidah because of some mistake, pressing circumstances, or on
purpose
107
Chapter 30: What an individual should do to coordinate his
amidah with that of the chazzan
116
Chapter 31: The laws of mentioning and requesting rain, wind,
and dew
117
Chapter 32: The laws which apply between the amidah and
yechi leratzon, and the laws of bowing at the end of the amidah
122
Chapter 33:
The laws of the repitition of the amidah,
supplications, and the rest of the prayer
124

Chapter 34:

Some of the laws of ydalah veyavo in the amidah',

the laws of mussaf; if a chazzan makes a mistake; and the blessing
of the kohanim
Chapter 35: The law concerning those who may and may not
be called to the reading of the Torah
Chapter 36: The laws of the blessings recitd by those called to
the Torah
Chapter 37: The conduct of the congregation during the reading
of the Torah
Chapter 38: The procedure to be followed when a mistake is
found in a sefer torah
Chapter 39: The laws of prayer on Shabbat, and what to do
when a mistake is made in the amidah on Shabbat; the laws of
arvit on /wofza/Shabbat, and the havdalah of the amidah
Chapter 40 : The laws of the sanctity of the Synagogue and
Beit Midrash
Chapter 41: Interrupting between washing and the blessing on
the bread
Chapter 42: The place and time of eating bread, who blesses
over the loaf, and what constitues bread
Chapter 43: Laws pertaining to one who neglected to recite a
blessing over food and drink; washing between fish and meat; the
blessing over wine during a meal
Chapter 44:
Laws pertaining to the blessing of hatov
vhamaitiv over wine
Chapter 45: Accompaniments to the meal and desserts
Chapter 46: What constitues an interruption during a meal
Chapter 47: Laws pertaining to mayim achronim and wine for
birkat hamazon
Chapter 48: Fixing the place of meal for birkat hamazon. Until
when may a person who forgfot to say birkat hamazon still say it.
The required amount of food for birkat hamazon
Chapter 49: birkat hamazon on Shabbat; laws pertaining to one
that erred
Chapter 50: Joining the recitation of birkat hamazon in a group
of three and of ten, and laws relating to the invitation to join birkat
hamazon

132
143
145
147
155

160
164
170
171

182
184

185
88
197

199
210

212

Chapter 51:
Chapter 52:
Chapter 53:

Laws pertaining to blessings over fruits

Laws pertaining to blessing over other foods
Laws pertaining to interruptions and errors in the
blessing over fruit; after-blessings over fruit
Chapter 54: Laws pertaining to the al hamachiya and al
hdetz after-blessing
Chapter 55: The Halacha regarding a mistake in reciting the
blessing over wine, and regarding a person who eats less than a
kezait, and a person that drinks less than a reviit
Chapter 56: Some specific blessing, and our custom regarding
types of candles
Chapter 57: Laws regarding precedence in blessing, main
ingredients and secondary ingredients
Chapter 58: In what cases one can include another in ones
blessing; the law of answering amen after blessings
Chapter 59: The laws of smelling spices and incense
Chapter 60: The laws of the thanksgiving blessing for an
individual
Chapter 61: The laws of kriat shema in the evening, its blessing,
and the time of prayer
Chapter 62: The afternoon prayer
Chapter 63: Bread baked by a gentile
Chapter 64: Non-Jewish cooking
Chapter 65: Wine and other beverages made by a non-Jew
Chapter 66: Laws of blood, salting, and eggs
Chapter 67: The products of impure animals, and the laws of
worms
Chapter 68: Meat in milk
Chapter 69: The credibility of a single witness regarding
prohibited foods
Chapter 70: The credibility of one suspected of violating
transgressions
Chapter 71: Laws regarding the testimony of a woman or minor
in matters of forbidden foods
Chapter 72: The testimony of a gentile regarding forbidden
foods; the laws regarding seals

219
224
228
234

240
243
250
255

257
263
274

277
281
285
295
299
303

308
316
319
325
329

CHAPTER ONE
LAWS OF RISING AND WASHING IN THE MORNING
1)

A person should make a special effort to rise before dawn for

prayers (Sh.Ar. 1); at least he should not recite them later than
the congregation (Rema ibid.)
To be conscious of G-d's presence at all times is a fundamental
principle of the Torah and among the outstanding characteristics
of the upright who strive to serve G-d in aU their ways. For, just
as a persons's behavior when he is all alone cannot be compared
to the way he would behave in the presence of a great king, nor
can his conversation with his family be compared to the way he
would speak with a great king, when he realizes that the King of
Kings, G-d Himself, whose splendor and majesty fill the entire
world, is standing over him and is watching all his deeds as it
is written (Jeremiah 23,24) Ts there a place where any person
could hide without My seeing him? says the L-d' how much more
will he pay attention to his behavior and words. Thus if he thinks
about this concept he will immediately be filled with humility and
respect for G-d and be in awe of him at all times. Consequently
he should not feel ashamed before those that ridicule him in
his service of G-d; when he goes to lie down in bed he should
be conscious of the One in whose presence he lies; and when
he awakens he should immediately arise with alacrity to serve
his Creator. (Sh.Ar.ibid.)

2)

It is correct for every G-d-fearing person to be concerned and

distressed that the Bet Hamikdash (Holy Temple) was destroyed
and still lies in destruction. In this connection, it is better to
say a few of the relevant supplications with concentration, rather
than many without, (ibid.)
A person should take care when dressing not to wear his garments
inside out. The right shoe should be put on first and the left one
should be removed first. It is forbidden to walk even four cubits
(approx. two meters) in a haughty manner nor should one walk

Chapter One

even four cubits without a head covering. It both demonstrates

zeal and is hygienic to get accustomed to relieving oneself morning
and night. (Sh.Ar.2)
3)

A person should on awakening wash his hands and make sure to

pour water on each of them three times to remove the spiritual
impurity (ruach rah) which rests on them. Before washing, care
should be taken not to touch the mouth, the nose, the ears and the
eyes. The washing should not be done over the floor but into a
container and the water should not subsequently be spilled out onto
a place over which people are likely to walk. (ibid. 4)

4)

One takes the washing cup in the right hand first and then
transfers it to the left in order to be able to pour on the right
hand first. If someone else pours out the water on one's hands that
person must already have washed his own hands after sleeping.
Dipping hands in a bowl of water is sufficient for washing for
the Recital of the Shema and praying but not for the removal of
the impurity on them. Concerning someone who has been awake
all night there is some doubt if he has to wash his hands in
the morning. It is also questionable in the case when he has
slept during the day whether or not he must pour water three
times over his hands. Therefore in these cases he should wash
without reciting the blessing (*a/ netilat yadayim').

5)

In the following cases the hands are required to be washed

specifically with water: a person rising in the morning; one who
has been in a toilet or bathhouse; after cutting one's nails; a person
who has removed his shoes with his hands; after touching one's
feet and after washing one's hair. According to some opinions
also after visiting a cemetery; touching a dead person; delousing
one's clothes even without touching any lice; touching a louse, and
if a person touched normally covered parts of his body with
his hands. If, in any of the aforementioned situations, someone
did not wash his hands, if he is a Torah scholar he forgets his
learning, and if he is not a Torah scholar he becomes bewildered.
Someone who has let blood (a common practice in former times)

Laws of Rising and Washing in the Morning

from his shoulders and did not subsequently wash his hands will
be in a state of fear for seven days. Cutting one's hair without
washing afterwards leads to being afraid for three days. Cutting
one's nails and not washing afterwards leads to being afraid for
a day without knowing from what one fears. (Sh.Ar.4)
6)

One must pay attention during prayers or while eating not to

touch one's hip or thigh or any other place on the body which
is usually covered because there are beads of perspiration in
these places. Similarly one should not scratch one's head, but
this limitation does not apply to the normally uncovered parts
of the head and the face and the normally uncovered parts of
the arms (ibid.).

7)

If one is in the middle of saying Amida and realized that one had
touched a place normally covered or had scratched one's head
it is sufficient to rub the hands in dust or stones or against a
wall (Sh.Ar.92). It follows that one may not touch these places,
and likewise the dirt of the ears and the nose, while praying or
studying Torah, except by means of a cloth. (Rema, ibid.)

8)

One may wash one's hands in the morning and stipulate that
this washing should serve for the whole day, even in regular
circumstances, as long as one does not forget to pay attention
that they do not become soiled. However, where water is readily
available it is correct to wash again but without reciting the
blessing. (Sh.Ar.264)

9)

This stipulation can only be made when washing for purposes

other than for eating, similar to the morning washing, but when
washing for eating it would not help to make such a stipulation
(Rema, ibid.). The Sh.Kn.Hag. writes that it has become the
accepted practice not to make a stipulation when washing as it is
impossible not to soil the hands (B. Het.). Refer also to chapter
seven, paragraph 4.

Chapter One

10) The possibility of cleaning the hands by rubbing them in dust

or on stones can only be used for washing for prayers but not
to remove the spiritual impurity (ruach rah) which rests on them.
(Sh.Ar.4:22)

AL HASHULCHAN
1)

One must wash all the fingers and the palm of the hand up
till the wrist joint. However on Yom Kippur and on the 9th
of Av (Tisha Be'av) one washes only the fingers until the end
of the knuckles (B.l.Ch. Toledot 2): this ruling also applies (in
exceptional circumstances) when very little water is available.
In the latter situation, one may recite the blessing, but when one
subsequently arrives in a place where more water is available
one should wash again up till the wrist joint without reciting
the blessing, (based on K . H . 4:3)

2)

After washing correctly, i.e. by pouring three times in alternation

on each hand, the spiritual impurity is removed completely,
therefore one recites the blessing immediately, before drying
the hands. This is the opinion of the Ari-Zal and is also written
explicitly in the Rashash Siddur. (B.l.Ch. Toledot 5)

3)

It is a Mitzva to wash the hands of small children even the very

young, and this is a fine Segula (blessing) for them that they
should grow up in purity and holiness (ibid. 10).

4)

One should make sure to wash one's face every day and also to
wash one's mouth to remove the saliva. This, apart from being
hygienic and healthy is also considered performing a Mitzva in
honor of the Creator, (ibid. 11)

5)

It is commendable to apply the laws of washing hands before

meals, which are explained in the forthcoming chapters, to
washing hands when rising in the morning (Sh. Ar.4:7). However

Laws of Rising and Washing in the Morning

in this case, if someone does not have a cup for pouring onto
his hands he may wash directly from the faucet but without
reciting the blessing ( K . H . 4:27) and when he subsequently
finds a suitable cup he should wash again.
Someone who wakes up at night in order to drink water or to
relieve himself and wishes afterwards to return to sleep should
wash without reciting the blessing; on drinking the water he
should recite the blessing 'shehakof and the after-blessing if he
drank enough to be so obliged; if he relieved himself he recites
afterwards the blessing 'asher yatzar. (Sha'areh Ezra vol. 1 chap. 2)
Someone who has a wound on one hand and it is covered by
a bandage should wash the other hand and recite the usual
blessing. (Resp. Zivchei Zedeg)
In places where water which is used for washing the hands goes
through a thorough filtering process together with other water
and is then reused for drinking and other purposes there is
nothing wrong in using it. (Resp. Sha'areh Ezra vol. 1 chap. 1)
Someone who has a gentile maid in his home is not obliged
to request her to wash her hands. The reason for this is that
the spirit of impurity (ruach hatumah) only affects Jewish beings
as they derive from the source of holiness (mekor hakedushah),
which means that when the soul leaves the body temporarily
during sleep this spirit rests on the body and is only removed
by washing hands as explained above. Consequently one does
not need to worry if a non-Jew touches food without previously
having washed his hands. ( K . H . 4:23)

CHAPTER TWO
THE LAWS OF WASHING FOR MEALS
1)

One must take care in washing one's hands as anyone who is

negligent in washing is liable to be banned and becomes poor and
is eradicated from the world. (Sh.Ar.158)

2)

Someone who finds himself in the desert or in a dangerous place

without water is exempted from washing his hands (ibid.) but he
must wrap his hands in a piece of cloth and eat his bread in that
manner as explained in Sh. Ar. 3.

3)

Even though the basic amount of water required for washing is

a revi'it 86 grams one should pour out liberally over each hand
as the Talmud states: Rav Chisda said: I wash with plenty of
water and I receive plenty of goodness, (ibid.)

4)

In principle one should recite the blessing over washing before

actually washing according to the rule that one blesses over a
Mitzva before performing it, however the practice is to recite
the blessing after washing as sometimes the hands are dirty.
This means that one blesses after rubbing the hands together,
as then they are clean, and before pouring water over them a
second time (ibid). One may also recite the blessing before drying
the hands as drying is another part of the same Mitzva (which
means one is still fulfilling the above rule) and if one forgot to
recite the blessing before drying one may still bless afterwards.
(Rema, ibid.) (Note: The later commentaries explain that this
means until one starts to eat. They write, however, that in this
case it is preferable that one should make one's hands impure
again by touching the normally covered parts of the body and
then rewash and recite the blessing in the proper manner (this is
to avoid differences of opinion on this question). B.l.Ch. shemini 7)
One should not dry one's hands on one's garment for it brings to
forgetting the Torah one has learnt (M.G.A.).

The Laws of Whashing for Meals

One who washes his hands by immersing them in water may

eat without drying them. The same ruling applies to one who
washes both hands simultaneously with a revi'it, or one hand with
a revi'it and then the other with a revfiu (ibid.)

AL HASHULCHAN
One should make sure to wash in the correct manner, for one
who washes incorrectly is liable for a stricter punishment than
one who does not wash at all since: a) it is considered as if he
eats without washing because his washing is halachically invalid;
b) he recites a blessing in vain; c) G-d has a complaint against
him if he is already washing, why then does he not wash
properly, what is he losing thereby? Therefore it is incumbent
upon everyone to wash according to all the halachic rules.
(B.LCh.

Shemini 1)

The obligation of washing the hands applies equally to women.

One must educate one's young children to wash, even the
very small who have not yet reached the age at which they
are obligated, in order that they may become accustomed to
fulfilling this Mitzva. (ibid.2)
The obligation to wash applies when one wishes to eat at least
a kezayit (the size of an olive) which amounts to nine dihrms, the
equivalent of approximately 27 grams (one ounce), but one does
not recite a blessing over washing unless one has the intention
of eating at least a kebetza (the size of an egg) which amounts
to 18 dihrms approx. 54 grams (2 ozs.). (ibid 1 and Massei 2)
One should pay special attention to recite all blessings calmly and
joyfully. Rabbi Chaim Vital writes in Sha'arRuachHakodesh that the
capacity to achieve Divine Inspiration is principally dependent
on a person's care and concentration when reciting Birkat
Hanehenin (any blessing connected with personal enjoyment such

Chapter T w o

as eating or smelling, etc.), as through these blessings the effect of

the Klippa spirit which is attached to materialfoods and clings to the person who
eats them becomes void, and thereby the person purifies his own physical being
to be ready to absorb holiness. He the Ari-Zal

admonished me Strongly

about this. ( K . H . 158:76)

Before breaking bread a person should thoroughly dry his
hands, for one who eats without drying his hands is considered
as partaking of impure bread. (Sh.Ar.l58:12)
In the situation when his wife is in the state of Nidah (i.e. from
the time she has an issue of blood even a very slight one
from her womb until she immerses herself in a Mikveh (ritual
bath) having waited the halachically defined time. Refer to
collection of laws appended to 'the Challenge of Marriage' or
other suitable works for further details) and she is ill without
someone to look after her and she is unable to wash her hands
by herself when she awakens nor when she eats, her husband
is permitted to wash her hands since there is no other solution
and it is for the purpose of performing a Mitzva and only on
a temporary basis; this only applies when no one else can
be found to do this for her. ( K . H . 159:4)

CHAPTER T H R E E
WHAT TYPE OF CUP MAY BE USED FOR WASHING
THE HANDS
1)

Only a halachically suitable container may be used for washing the

hands for eating. The container may be made from any material,
even from a mixture of cows' dung and earth, stoneware or simple
earthenware. It must have the capacity of at least a revi'it (86
grams). However, if it has a hole on the side or base which is
large enough for liquids to be poured into it this is a larger
size than the minimum sized hole needed for pouring liquids out
of the container then it is no longer valid for washing the
hands even if it holds a capacity of a revi'it or more below this
hole. (Sh.Ar.159)

2)

The above ruling applies when pouring out from the top of the
container as the part above the hole is not halachically suitable,
which means the water is not reaching his hands from the suitable
part of the container; however if one decides to pour out through
the hole when there is a capacity of at least a revi'it below it
then the washing is valid, (ibid.)

3)

A cup which contains a revi'it when it is supported, but if the

support were removed the water would fall out and less than a
revi'it would remain, is not valid for use. (ibid.)

4)

A leather container which was fashioned with a base may be

used, but a cloth or a basket which were made to stand without
support and are coated with pitch in such a way that they can
contain water may not be used for washing as they were not
made for containing liquids, (ibid.)

5)

One must use a container for washing, therefore one may not
pour from one's own hands onto someone elses'. The same ruling
applies if one pours from a container onto one hand and then

10

Chapter Three

uses the water on that hand to pour on the other the washing
is invalid, (ibid.)
6)

The water must reach the hands by the force of someone pouring.
Consequently if someone draws water from a river and pours it
into a pipe which conducts it to irrigate a field, it does not
help to put his hands in the pipe so that the water will flow
down on them as that water does not reach him by the force
of a person the force of the pourer on the water is no longer
present. However, if he puts his hands near the place where
the water is poured out, even if he does not put them directly
under the spurt of the water, the washing is valid since it arrives by
means of someone's force. If he immerses his hands in this pipe
they do not become purified since the water was drawn. This
ruling applies when the water is drawn and poured directly into
the pipe, but if it was poured outside the pipe and flowed over
the ground into the pipe and he immersed his hands in this water
they are considered purified, because drawn water which has been
through this process called hamshacha is halachically suitable for
immersing hands. There is also a case when it is permitted to
immerse the hands in the pipe even when the water was poured
directly into it. That is when the bucket used for drawing the
water has a hole in the back at least the size which permits
liquids to be poured into it (see para. 1 above) and while pouring
from this bucket into the pipe there is a continual stream of water
flowing through the hole back into the river, then if he immerses
his hands in the pipe at this time they become purified. The
reason for this is that it is considered as if he immersed his hands
in the river, as the continual flow attaches the bucket to the
river and the water in the pipe is considered attached to the river
waters, (ibid.)

7)

One may not wash one's hands with water emanating from stones
which were inserted into a wall and then formed into a receptacle
to which a faucet was attached. However, if the stones were
halachically suitable containers before being inserted into the
wall, one may wash with the water emanating from them. (Rema
159)

What Type of C u p May be Used for Washing the Hands

11

8)

If one placed one's hands in a container of water and swashed

them about in the water, if this container was fixed to the ground
the washing is not valid; and if the container was not fixed to
the ground the authorities differ over whether or not this washing
is valid in case of great difficulty one may rely on the lenient
opinion, but if afterwards one has the opportunity of washing in
the normal manner one should do so, without reciting the blessing.
(Sh.Ar.ibid.)

9)

A barrel which fell down on the ground and water flows from it or if
it is standing and water exudes through a hole in it, if someone
places his hands close to the exit of the water this washing is not
valid. However, if a faucet is affixed to the hole and he removes
it and the water gushing out washes his hands, this is considered
as coming from the force of a person as long as the faucet is
reinserted and removed for each pouring, (ibid.)

10) If someone turned over a barrel full of water and then went away
and the barrel continues to exude water the whole day as a result
of his action, if he washes his hands in the flow of water the
washing is valid, (ibid.)
11) Someone who immerses his hands in a natural spring even if it
does not contain 40 seah (at least 455 liters/120 U.S. gallons),
as long as it has at least enough water to cover both hands
simultaneously, his washing is valid. Concerning the immersion
of hands in the water of a Mikveh (a body of water halachically
suitable for ritual immersion) some authorities hold that the same
law applies as to a natural spring, others hold that in this case
a capacity of at least 40 seah is required. The Halacha is according
to the lenient opinion, (ibid.)
12) When one hand is washed with a suitable container and the other
is washed by immersion, they are considered purified, (ibid.)
13) A person should not take water out of a river with one hand
and pour it over the other as he neither achieves washing nor
immersion thereby, (ibid.)

12

Chapter Three

14) Someone who washes his hands by immersion is not required to

wash them twice (as mentioned in chap. 2 para. 4), nor to dry
them, nor does he have to raise them, (ibid)
15) The correct blessing for immersing the hands is not
yadayim but (the usual) al netilat yadayim. (ibid.)

al tevilat

AL HASHULCHAN
1)

One may not wash directly from the type of faucet installed
nowadays in most homes.

2)

Caps made of stiff felt even though they are hard enough
to contain water which will not leak out are only considered
halachically suitable as containers in situations of difficulty,
and this is only because travelers are accustomed to drink out
of them. (Sh.Ar. 159:4) Nevertheless one should not recite a
blessing over this washing and it is preferable to wrap one's
hands in gloves (or a cloth) while eating bread. (B.l.Ch. Tazria
Taharot 1)

3)

The lids of pots may not be used for washing the hands since
they were not originally made to contain, (ibid. 2)

13

CHAPTER FOUR
THE KIND OF WATER THAT MAY OR MAY NOT
BE USED FOR WASHING THE HANDS
1)

Water of which the appearance has changed whether due to certain

natural causes or because something fell in it or because of its
location is unfit for washing the hands. (Sh.Ar.160) However,
if it returns to its original appearance it may be used. (Magen
Avraham)

2)

If the water was used for some kind of work or someone had
dipped his bread in it or even intended to dip his bread in the
container of water but the bread fell from his hands into another
container, the water is unfit for use (for washing). If the water
was used for cooling wine or for washing dishes etc. then it is
unfit for use; however if previously washed or new dishes are
rinsed in water, that water may be used.
If a baker dips his loaves in water that water is unfit for use;
however, if he immersed his hands to smear the water he removes
over the loaves or takes out water by the handful, then the
water remaining in the container is not considered as if work was
done with it and therefore may be used, as long as its appearance
has not changed. (Sh.Ar.ibid.)

3)

Water which is lying in the precinct of a blacksmith's workshop

even though its appearance has not changed is unfit for use
because one can be sure that he used it to cool down iron. Water
lying in a barber's precinct, if it has changed its appearance then
it is unfit, otherwise it may be used, (ibid.)

4)

Water from which chickens or dogs or any other animal or bird

have drunk may be used, (ibid.)

5)

The prohibition of using water previously used for work only

applies to water which was drawn at the time of work, whether it
was in a container or lying on the ground, but not to water still
attached to a Mikveh or natural spring while the work was done,
(ibid.)

14

Chapter Four

6)

Water heated by fire can be used for washing the hands even
if it is now warm at the temperature of yad soledet (45 degrees
centigrade/113 degrees fahrenheit). (ibid.)

7)

The hot springs of Tiberias may not be used for washing the hands
by pouring, but to wash by immersing the hands in them, if one
is able to do so, is permissible, (ibid.)

8)

The reason why the hot springs of Tiberias are unsuitable to be

used for washing by pouring is because they are bitter and can
not even be drunk by a dog. However, if one found hot springs that
a dog could drink, they may be used for washing the hands, (ibid.)

9)

Snow, hailstones and ice which have been crushed until they are
water may be used for washing the hands and also, if there is a
sufficient amount, for ritual immersion, (ibid.)
All natural fruit juices may, in case of difficulty, be used for
washing the hands, (ibid.)

10) One must wash with at least a revi'it (86 grams) of water. This
amount is the minimum requirement both for the hands of a big
person and the hands of a small person, (ibid.)

AL HASHULCHAN
1)

Someone who washed and afterwards was in doubt if the

water used had been previously used for some work, or if
he has some other halachic doubt concerning the water, his
hands are nevertheless considered as purified. However, if other
water is available he should wash again, thereby removing
any doubt about his washing (Sh.Ar.l60:ll according to the
commentaries); but he should not recite the blessing over his
washing. If he has a doubt whether or not he had recited the
blessing over his washing, he does not recite the blessing but
should think it to himself. ( K . H . 159:86)

The Kind of Water that May or May not be Used for Washing the Hands

15

Water which someone has already used for washing his hands
may not be used again for that purpose. (Rema 0:11)
If lilies or myrtles (hadassim) were placed in water to prevent
them from fading, that water is considered as if work was done
with it and is therefore unsuitable for washing the hands. (B.l.Ch.
Acharei-Kedoshim 8)

If after someone has already recited the blessing 'Hamotze? over

bread he is informed that the water used for washing was definitely
unfit, he should eat less than a kezayit (27 grams) then rewash
with halachically suitable water and then continue his meal; and
if he became distracted or he interrupted by speaking he should
recite the blessing 'a/ netilat yadayim* over the rewashing, but if he
did not interrupt with extraneous speaking nor did he become
distracted he does not recite the blessing, (ibid. )
Halachically suitable water into which a lesser amount of
unsuitable water was mixed may be used, even if the addition
of unsuitable water thereby completes the amount of a revi'it. To
make such a mixture is permitted in the first instance (lechatchilah).
(ibid. 19)

CHAPTER F I V E
LAWS OF

Chazizah

IN WASHING T H E HANDS

One must take care to remove a Chazizah (separation between the

body and water) before washing the hands as everything that is
considered separating the body from the water with regard to
ritual immersion (tevilah) also separates in the case of washing
the hands. For example, dirt under a fingernail above the level of
the skin (i.e. when the fingernail is long and protrudes above the
finger and there is repulsive dirt under that protrusion. M.G.A.),
dough under a fingernail even against the level of the skin (which
is a place where people are otherwise not usually meticulous), and
a bandage on one's skin (where there is no proper wound. M.B.).
Also clinging mud and potter's clay. However, if the Chazizah only
covers the minor part of one's hand and people are not usually
meticulous about it, then it does not obstruct (that is, as long as
one washes with a full revi'it in one pouring - if not, even this
Chazizah must be removed, as is explained in Sh.Ar.2:9. M.G.A.).
(Sh.Ar.l)
The ruling that an obstruction which people are not usually
meticulous to remove does not act as a Chazizah when it only
covers the minor part of the hand varies according to whether a
person is usually particular to remove a certain obstruction or
not. For the person who is usually particular to remove it, it
does act as a Chazizah, but for the person who is not particular
it is not a Chazizah. For example, if someone was a painter and
his hands were stained with paint, this paint is not a Chazizah (if it
is only on the minor part of each hand); whereas another person
who is not a painter who has paint-stained hands, if there are
particles of paint stuck to his hands then they act as a Chazizah,
just as dried ink acts as a Chazizah (for someone who does not
write regularly) and wet ink does not. Similarly for those women
who usually color their hands, that color is not considered a
Chazizah. (ibid.)

The Laws of Raising and Rubbing the Hands After Washing

17

A ring must be removed from the finger before washing (ibid.)

even if it is loose and even if one is not usually particular to
remove it for washing, since one is careful not to make it dirty
when doing work. (Rema, ibid.)
When washing the hands one must pour water over the whole hand
until the wrist-joint. There are, however, authorities who hold that
until the lower knuckles is sufficient, but it is correct to follow
the first opinion. (Sh.Ar.ibid.) (One should nevertheless stipulate
at the outset that one is not accepting this opinion on oneself as
an absolute obligation because it may occur once that he does
not have sufficient water. A similar kind of stipulation should be
made in any matter that one may wish to do in a more stringent
manner than is strictly necessary. (B. Het. quoting the Bet Yossef,
ibid.)

CHAPTER SIX
THE LAWS OF RAISING AND RUBBING THE
HANDS AFTER WASHING
When a person washes his hands he should raise them upwards in
order that the water on them should not flow past the wrist-joint
and then return, which would again render the hands impure. (He
can also avoid this problem by holding the hands in a downward
position from the beginning until the end of the washing. Rema.)
This ruling applies only when he does not wash the whole hand until
the wrist (but he washes following the second opinion mentioned in
chapter five, para. 4); however, if he washes until the wrist there

18

Chapter Six

is no need for him to raise his hands. Similarly when he uses

a full revi'it in one pouring there is no impure water present at all
and therefore there is no need to raise the hands. If he washes
his hands by immersion, he also need not raise them. (Sh.Ar.2)
When a person has washed his hands he must rub them together.
(Rema, ibid.)
2)

If a person washed only a part of the required area of his hands

and then washed the rest, the hands remain in their original
state of impurity as one cannot wash in half-measures. However
if on the first part of the hands already washed there remains
sufficient water that were a person to moisten his hand on it
he could moisten another place, and then he washes the rest of
the hands, they are considered purified, (ibid.)

3)

If one poured water (less than a revi'it. tr.) first on one hand
and then rubbed it together with the other hand, the washing is
not valid, even if afterwards he pours on both hands, because
the water he poured on the first hand became impure and by
rubbing it together with the second hand the latter also receives
this impurity. In such a case one must dry the hands and then
wash them again in the correct manner.
If someone else who has not yet washed touched his hands while
they are still wet from the water he poured over them for washing
then he must dry them and wash again, (ibid.)

4)

Based on what we have written above it is apparent that the

impurity which can be caused by rubbing hands together occurs
only if only one hand is washed and then rubbed together with
the unwashed hand; but one may in the first instance wash both
hands together in one pouring and they are thus considered as
one hand and do not impurify each other, (ibid.)

5)

Whenever a person rubs his hands together after washing and they
are still moist he should take care not to touch the unwashed parts
of his hands because those parts would impurify the rest of his
hands, (ibid.)

What to do when no Water is Available and when Feeding Others

19

6)

If a person washes one of his hands and rubs it on his head

(that is, in order to dry it and thereby the hand does not become
impure which would not be the case if he would rub his hands in
his hair, refer to Sh.Ar.4:2. Rema), or on a wall, and afterwards
touches the same water which he had rubbed off on his head or
on the wall, that hand becomes impure as those impure waters
again impurified the hand that touched them.
We have, however, already explained that if one pours a complete
revi'it at one time all these rulings do not apply as there is no
impure water present at all. (ibid.)

7)

Someone who has a wound on his hand covered by a bandage only

needs to wash the rest of the hand where there is no bandage, but
he must take care not to let the water touch the bandage in
order that water on the bandage should not subsequently flow
on to the hand and thus impurify the hand; alternatively he may
pour a revi'it on that hand in one pouring whereby the water
does not become impure, (ibid, and refer to chapter five, paragraph
1 above)

CHAPTER SEVEN
WHAT TO DO WHEN NO WATER IS AVAILABLE
AND WHEN FEEDING OTHERS
1)

If no water is available within a distance of more than four

millinf2 in the direction in which a person is heading or one mil behind him,
he should wrap his hands in a cloth or similar and eat his bread
in this way (Sh.Ar.3) or else he should eat with a spoon (Rema,
ibid.) (If one is in doubt whether one will find water within four

Chapter Seven

one may rely on the opinion of the Rambam (Maimonides)

who holds that one may eat bread by means of a cloth even
when water is available. B.Het, ibid.) A mil is approximately one
kilometer/five-eighths of a mile.
millin,

The person who feeds bread to others does not have to wash his
hands but the person being fed is required to wash even though
someone else is putting the food in his mouth and he himself does
not touch the food. Similarly someone who eats with a fork must
wash (i.e., when water is available). (Sh.Ar.ibid.)
It is forbidden to feed someone who has not washed his hands as
one thereby transgresses 'You shall not place an obstacle before
an unseeing person' (Leviticus 19:14). (Rema, ibid.)
Someone, who in the middle of a meal realizes that he has touched
his hip, thigh or other places which people usually cover, must
wash his hands again and recite the blessing 'al netilat yadayim*
(Sh.Ar.4) (even if a piece of bread is in his mouth when he
realizes he may not swallow it until he washes. M.G.A.) There
are, however, authorities who hold that one does not recite the
blessing in this case, therefore we apply here the ruling in case of
doubt concerning most blessings that we are lenient and do not
recite the blessing. K.H. 16
One may wash one's hands in the morning and stipulate that
this washing should serve for the whole day, even in regular
circumstances, as long as one does not forget to pay attention
that they do not become soiled. However, where water is readily
available it is correct to wash again but without reciting the
blessing. (Sh.Ar.4)
This stipulation only helps when washing for purposes other than
for eating that is, for example, if one washes after leaving the
bathroom, or one washes the hands as indicated in order to eat
something which one wishes to dip in one of certain kinds of liquid
(wine, bees' honey, olive oil, milk, dew, blood (when permitted for
medical reasons), and water) and at the same time one stipulates
that his washing should serve also for eating, then the stipulation

What to do when no Water is Available and when Feeding Others

21

is acceptable. But if one washes for eating i.e. this washing

should serve one's purpose when one eventually decides to eat
it would not help to make such a stipulation because one is
required to start the meal immediately after washing. However,
if one washes for one meal and stipulates that this washing should
help for another meal this is acceptable. In this case a stipulation
would not even be necessary if one pays good attention not to soil
one's hands. (Rema, ibid, and M.G.A.)
5)

Someone who has relieved himself and wishes thereafter to eat

should wash his hands twice; over the first washing he should
recite the blessing 'asher yatzar* etc. and over the second he should
recite the blessing 'al netilat yadayim. If he wishes to wash only
once, then after having poured once over his hands he should
recite 'asher yatzar* and when afterwards he dries his hands he
recites 'al netilat yadayim* (Sh.Ar.5)
9

6)

If many people are partaking of a meal the most important person

washes his hands first. The Rosh (Rabbenu Asher ben Yechiel, one
of the leading Rishonim (early commentators of the Talmud and
authoritative halachic decisionaries)) however, was accustomed to
wash last, in order not to interrupt nor to speak before reciting the
blessing over bread, (ibid.) It is correct to be careful not to interrupt
between washing and reciting the blessing Hamotzei (Sh.Ar.6). If
one delayed for the length of time it takes to walk 22 amot it
is considered an interruption. (Rema, ibid.) (v. chap. 41 para. 1)

AL HASHULCHAN
1)

Someone who fell asleep in the middle of his meal for less
than 'shittin nishmin (lit. sixty breaths, which is approx. half an
hour) does not need to re wash, but if he sleeps longer that
that period, even during the daytime, he must wash again
but does not recite a blessing on this washing even if he fell
asleep for longer than an hour. {B.l.Ch. Achrei-Kedoshim 22)

Chapter Seven

If someone prayed in the middle of a meal some authorities

hold that he must wash again and others hold that he does not
need to do so; therefore if there is water available he should
wash to fulfill the opinion of those who require washing, but
he should not recite the blessing, (ibid. 23)
There are men of piety who are very scrupulous in their practice
and do not wash by themselves but have someone else pour
over their hands as they are concerned about three problems:
1) Sometimes having washed with less than a revi'it in one
pouring over one hand, one is about to wash the other hand,
and the water which flowed beyond the wrist returns and
renders the hand impure. 2) They are concerned that when
transferring the washing cup from one hand to the other the
hand already washed will touch the unwashed hand and thereby
become impure. 3) They are concerned that the washed hand
will become impure through touching moisture on the handle of
the washing cup which was previously touched by the unwashed
hand and thereby became impure. From here we can learn that
anyone who has to wash by himself should pay attention to
avoid these possible problems. Concerning the third problem
of moisture on the washing cup, one should take care when
pouring the second time to hold the cup at a new position,
and if this is not possible one may rely on the authorities who
hold that water on the handle or the outer walls of a washing
cup does not become impure through the touch of an unwashed
hand, as this is the basic Halacha. (B.l.Ch. Shemini 17)

23

CHAPTER E I G H T
THE LAWS OF THE MORNING BLESSINGS
1)

A person is obliged to say one hundred blessings every day

as a protection against the 98 curses stated in the Book of
Deuteronomy which combined with the verse 'every ailment and
every plague' (Deut. 28:61) equals one hundred. (Ksh.G.5)

2)

When reciting any blessing one must concentrate on the meaning

of the words. When one mentions the Holy Name of G-d, when
it is read 'Adon..? one should have in mind that He is the Master
of everything and when It is written 'yud, heh? etc. also that He
was, He is, and He will be; and when mentioning the Holy Name
Elokim one should think that He is Almighty, Omnipotent and
the Source of all power. (Sh.Ar.5)
1

3)

Someone who passed water and did not wipe himself, even though
he must recite the blessing 'asher yatzar\ is only required to wash
his hands for cleanliness or to fulfill the teaching of the verse
'Prepare yourself to meet your G-d, people of Israel' (Amos 4).
(Sh.Ar.7)

4)

If someone passed water and then his attention was diverted

to other matters and subsequently he passed water again, he
should recite the blessing 'asher yatzar' twice (Sh.Ar.ibid.). The
Chida (Rabbi Chaim Yossef David Azulai - a great Rabbi and scholar
of the eighteenth century) however writes that one should only
recite the blessing once. (K.Sh.G.5) In practice one should ony
recite the blessing once according to the rule that in case of
doubt concerning most blessings we are lenient.

5)

If one did not relieve oneself, the blessing 'asher yatzar* is not
recited in the morning prayers. If one did relieve oneself and
after some time one has not yet recited the blessing, one does not
recite it anymore, (ibid.)

24

6)

Chapter Eight

If someone arrived late in synagogue and was thereby obliged

to recite 'Yotzeir (the Shema with its blessings) and Amida with
the congregation, in which case he recites the morning blessings
(Birkot Hashachar) after the prayers, he does not recite the blessing
'Elokai neshama as the recital of the blessing 'mechayai mettim (in
the Amida) has exempted him from this blessing, (ibid.)
9

7)

Someone who arises before dawn even if he has not heard the
call of the cock should nevertheless recite the blessing 'hanotten
lasechv? (...who gives intuition to the cock...) together with the
other blessings, even though he has not become obliged to recite
them, (ibid.) A deaf person (even though he cannot hear) does
recite the blessing 'hanotten lasechvi\ and a blind man says 'pokeach
ivrim* (...who opens the eyes of the blind.)

8)

If one recited the blessing 'zakef keflfim (...who makes the bent
erect) before 'mattir assurim (...who frees the bound) one should
not recite the latter blessing. (Sh.Ar.46)
9

9)

The blessing

'she'assa li kol zorchi

(...who has provided me with all

my needs) is not recited on the ninth of Av (Tisha Be'av) and Yom

even if one wears felt shoes. However a person in the week

of mourning does recite this blessing even if he walks barefoot,
and this is the correct practice according to the Ah Zal. (Ksh.G.5)
If someone was called to the Reading of the Sefer Torah before
he had recited 'Birkat haTorah (the blessing over Torah learning),
he should not subsequently recite 'Birkat HaTorah since he has
been exempted therefrom with the blessing he recited over the
Torah reading, (ibid.)

Kippur

AL HASHULCHAN
1)

One should try to recite the blessing 'Elokai neshama immediately

after the blessing 'asher yatzar in order that it should be directly
adjacent to the end of a previous blessing. However, if one
9

The Laws of the Morning Blessings

25

is not required to say 'asher yatzar one should nevertheless

begin directly with the words 'Elokai neshama' as the concept of
juxtaposing is kabbalistic but on the plain level, since 'Elokai
neshama' is a blessing of thanksgiving it does not begin with the
word 'Baruch' (refer to B.l.Ch. Vayeshev 2 and Sh.Ar.6:3 with its
commentaries)
2)

A person who delays passing water or relieving himself

(when they are urgent) transgresses 'You shall not abominate'
(Leviticus 20), apart from the fact that holding back water can
be dangerous and cause sterility. If he feels a need while he
is lying in bed at night he should not delay rising because of
the cold. Similarly, if he feels a need while he is busy with his
occupation or he is in the middle of learning he should not
wait until he has finshed the piece of work or finished learning,
even if he was only reciting a chapter of Psalms, as to do so
would be performing a Mitzva together with a transgression
(and therefore would be invalid) and the Kabbalists write that
this prevents him from having purity of thought. One should
therefore take care that one's body is clean at all times; this is
also advantageous for good health and one becomes thereby
revitalized, (ibid, Vayetzei 1.2.)

3)

One must be careful to clean oneself properly as dirt on the

anus renders prayer unacceptable, (ibid 11)

4)

It is forbidden to think Torah thoughts in a toilet, in filthy

places and in the inner part of a bathhouse. It is similarly
forbidden to think about Mitzva requirements such as charity or
Shabbat needs or Sukka, Lulav and Matza requirements, etc. (ibid.)

5)

The blessing 'asher yatzar extols the superb wisdom with which
G-d created man. The human body is like a skin-bottle full of air
which has holes, such as the mouth and the nose, and hollowed
organs, such as the heart, the stomach and the intestines. *If one
of them became stopped up' - for example, the mouth which
is sealed while in the mother's womb and opens when a baby

Chapter Eight

is born, if it would remain closed it would not be possible to

exist even for a short time; 'or if one of them became opened'
referring to the hollowed organs, for then also it would be
impossible to remain alive even for a short time. 'He heals
all flesh' through the holes G-d created to release excrement
man can live, for otherwise the excrement would deteriorate in
his stomach and he would die (as a result) '...and He creates
wondrously' man resembles a skin bottle full of air and if
one would make a hole even the size of a pinhead in such
a bottleful of air all the air would come out, however man
has several holes and his breath nevertheless remains this is
a marvel. Another marvel is that the body knows to absorb
the beneficial part of food and what is needed for every organ
of the body, and to reject the waste. Furthermore G-d attached
a spiritual soul to the physical body. Everyone should meditate
over each blessing and understand its full meaning and recognize
the acts of kindness and the marvels of the Creator, and in this
way he can achieve true love of G-d. (Sh.Ar. 6,1)
Even after passing a small drop of water one is obliged to say
the blessing asher yatzar because if that hole was prevented from
releasing that drop it would cause him discomfort and therefore
he is obliged to express his thanks to the Creator, (ibid. 7,4)
A person is obliged to say Birkot Hashachar (the morning blessings)
every day even though he has not become obliged to express
their message for example, he did not sleep or he did not
remove his shoes - as these blessings were instituted regarding
the practice of most people, to express thereby the praise of
G-d and they contain wonderful Remazim (esoteric allusions)
and Orot Elyonim (celestial lights). This ruling does not apply
to the blessings 'al netilat yadayim* and asher yatzar* which are
only said in a situation which obliges one to say them, nor to
the blessing 'she'assa U kol zorchi on the ninth of Av and on
Yom Kippur as all Jews are then without shoes. (B.l.Ch. Vayeshev
9) According to the above principle it follows that someone
who is sick and is unable to get out of bed should still say
'mattir assurim* and 'zakefkefifim* (ibid. 6)
1

The Laws of Donning Zizit

27

Women similarly recite all these blessings except for 'shello assani
isha which they replace with 'she'assani kirtsono* omitting the
names of G-d and 'Melech Haolam.' Children should be educated
to recite these blessings, (ibid. 1,10) Although women are not
obliged to learn Torah nevertheless they say Birkat HaTorah since
they are obliged to learn the laws which apply to themselves, and
to recite the portions concerning the sacrifices (at the beginning
of prayers) in the same way as they are obliged to pray. (Sh.Ar.
47:14, Bet Yossef loc. cit. and refer to commentaries).
In the morning, before reciting Birkat HaTorah one may not study
the written or the oral Torah, write Torah thoughts, nor listen to
Torah thoughts however to think Torah thoughts without looking
in a book is permitted, as is to give a halachic ruling without
explaining its reasoning. (B.l.Ch. Vayeshev 12)

CHAPTER NINE
THE LAWS OF DONNING zizit
One says the blessing 'lehitatef bazizit* (...to wrap ourselves in
fringes) before wearing the tallit kattan (the smaller fringed garment
worn usually under the shirt) even though one does not actually
wrap oneself in it. One must separate the strings of the zizit from
each other. (Sh.Ar.8)
When one puts on the tallit one should have in mind that G-d
commanded us to put on a tallit in order that we remember all his
commandments to put them into practice, (ibid.)

Chapter Nine

If a person wishes to put on the tallit kattan before he has purified

his hands he should not say the blessing, but after he has washed
he should touch the zizit and then say the blessing, or else he
should wait until he puts on another tallit and when he recites the
blessing over it he should have the intention to exempt this tallit as
well, (ibid.)
To fulfill the mitzva of tallit kattan in the best manner one should
wear it over one's clothes in order to see it at all times and
thereby be reminded of the mitzvot. (ibid.) Al Hashulchan: Since the
Ari Zal directed to wear it under one's clothes one should do so.
(Eretz Chaim Chap. 8)
A person who puts on his tallit kattan and recites a blessing over it,
when he goes to the synagogue and puts on his tallit gadol he must
say another blessing, as the walk from his house to the synagogue
is considered an interruption. If he prays at home and has in mind
when reciting the first blessing that it should also include the
tallit gadol, and in the meantime he does not interrupt by talking
or with other matters, he does not recite a new blessing. (Sh.Ar.8)
If a person removed his tallit, even if he had the intention of
putting it on again immediately, he must recite a new blessing
when he puts it on again. (Sh.Ar.ibid.) Others are of the opinion
that he should not recite a new blessing when he had intention to
put it on again (this opinion is followed by all later authorities).
Similarly if his tallit fell off unintentionally and he puts it on again
he does not recite a new blessing. (Later Authorities)
The size of a tallit is the amount which can cover the head and
body of a man down to his chest, both at the front and the back.
(K.Sh.G.2) Al Hashulchan: 24 thumb-breadths (godalim) wide by 36
thumb-breadths long (48 cm. by 72 cm.) (18.90 inches by 28.35
inches) (B.l.Ch. Lech Lecha 12) which is the equivalent of a cubit
(ama) wide by threequarters of a cubit long (on each side, tr.) (Bet
Simcha P.

79)

One should wear the

tallit kattan

over the undershirt and sleep in

The Laws of Donning Zizit

29

it, only removing it in the bathhouse, (ibid.)

One should always separate the strands of one's zizit. However,
if they are a bit intertwined it is forbidden to separate them on
Shabbat. (ibid.)

When saying the blessing lehitatef bezizif one should note that the
bet is punctuated with a sh'va ( ) , and not a patach ( ) . (ibid.) After
saying the blessing in a standing position one should wrap the
tallit around oneself. One should hold the tallit already before the
blessing; and one should remain standing when wrapping it around
oneself, (ibid.)
1

AL HASHULCHAN
1)

The order of putting on the tallit is as follows: After reciting

the blessing wrap it only around your head, in such a way
that all four corners lie on your shoulders towards the front
of your body - two on your right and two on your left - take
the two on the right and throw them over your left shoulder
so that they are wound around your neck, leaving the two
on the left hanging down in front and remain in this position
for a few moments, the time it takes to walk four cubits (amot)
and then throw the two on the left also over the left shoulder
so that all four corners are hanging on your back on the left
side. Wait again the time it takes to walk four amot and then
spread the tallit over your body. (B.I. Ch. Bereshit 5)

2)

One who puts on a new tallit should recite the blessing

after the blessing 'lehitatef, but on a tallit kattan one
does not say shehecheyanu since it is not usually made from a
high-quality material that would give one pleasure. However if
it is made from a high-quality material that gives one pleasure
one does say 'shehecheyanu.'' (ibid. 7)
'shehecheyanu

3)

There is no need to place a mark or band on one of the edges

of a tallit so as not to put it on the wrong way round as some

30

Chapter Ten

have the custom to do since the Ari Zal states explicitly that one
does not have to be careful about this, and one can wear it
whichever way round it comes into one's hands, (ibid. 8)
4)

The time from when zizit can be put on with a blessing in the
morning is when one can differentiate (in the natural light)
between the techelet (the bluish dye of the Chilazon fish mentioned
in the Torah as part of the commandments of zizit, but unavailable
nowadays according to most authorities, tr.) and white colors
of the zizit. The Jerusalem minhag (custom) is to reckon this time
as being one hour before sunrise. (Sh.Ar.l8:3, K.Hach 18)

CHAPTER TEN
TO WHICH CLOTHES ONE IS OBLIGATED TO
AFFIX zizit
1)

According to the Torah only clothes made of linen or sheeps' wool

are obliged to have zizit affixed. Clothes made of other materials
are obliged Midrabannan (by Rabbinical decree). (Sh.Ar.9)

2)

Zizit

3)

Zizit

made of linen (flax) or sheeps' wool may be used on any type

of clothing with the exception that linen zizit may not be placed
on wool clothes, and wool zizit on linen clothes in our times when we
do not possess techelet, since wool and linen are kela'im (forbidden
to be worn when attached together), (ibid.)
made from other materials may only be used on clothes of
the same material, such as silk zizit on silk clothes, cotton zizit on
cotton clothes, but if one placed them on other materials one has
not fulfilled one's obligation, (ibid.)

To Which Clothes One is Obligated to Affix Zizit

31

AL HASHULCHAN
1)

A tallit made of goats' wool or camels' wool is in the same

category as a tallit made of cotton about which there is a
difference of opinion if the obligation to affix zizit thereon is a
Torah one or of Rabbinical institution. One can insert on them
either ziziot of the same material or else of sheeps' wool. It is
preferable to buy only a tallit made from sheeps' wool which
according to all opinions has a Torah obligation (to have ziziot).
If that is not available one should buy a cotton tallit which is
on a lower level of obligation, or a silk one, in which case
one should check that the ziziot are made from sheeps' wool.
A tallit made of a mixture of materials, for example: the warp
(lengthwise) is wool and the weft (breadth) is cotton, is on an
even lower level of obligation, and requires also only sheeps'
wool zizit. (B.l.Ch. Noach 1,2)

2)

Unwoven garments such as those made of leather, plastic or

similar materials are not obliged to have zizit. However, if one
wove a garment with plastic thread then it is obliged and its
zizit should be made of sheeps' wool. (B.l.Ch. ibid. 3 and later
authorities)

3)

A garment which has two corners near the neck and two corners
below, for example a scarf which is placed around the neck, even
if it is of a size that should normally make it obligated for zizit,
is nevertheless exempt. However a person who is scrupulous
in his fear of Heaven should make one corner rounded see
below para. 6 (B.l.Ch. ibid.9)

4)

Clothes which are open at the sides and have four corners at
their hems but are closed at the top if most of the side is
closed then they are exempt from zizit, but if most of the side
is open they are obliged to have zizit affixed. If half is closed and
half open the rule is to be stringent to oblige zizit, however it
is forbidden to go out of one's private domain on Shabbat when

32

Chapter Eleven

wearing it in a place where there is no suitable Emv (boundary

approved and supervised by an Orthodox Rabbinical Authority)
(Sh.Ar. 10:7,8)
5)

A garment which is specifically for night use and one wears it at

night-time is exempt from zizit, as zizit are not an obligation at
night-time. Therefore one does not put zizit on sheets, cushions
and blankets. However, if they are made from sheeps' wool,
since one sometimes sleeps in them during the day it is correct
to be stringent and make one corner rounded; if made from
cotton, silk or goats' wool etc. there is no need to be stringent.
(B.l.Ch. LechLecha 17)

6)

Any garment which has one of its four corners rounded is

exempt from zizit. (Sh.Ar. 10:9)

CHAPTER E L E V E N
THE STRANDS OF THE Zizit

A N D HOW T H E Y A R E

WOVEN
1)

The strands of the zizit must be woven for the purpose of the
(i.e. that they should be suitable for accomplishing the
Mitzva), which means that the weaver should say before he begins
the weaving process that he is doing it for the purpose of zizit;
or one should say to a woman, 'weave me zizit for this tallit.
If zizit were not woven for the purpose of the Mitzva they are
unsuitable for use. (Sh.Ar. 11)
Mitzva

The Strands of The Zizit and How they are Woven

33

2)

If the eight threads of the zizit become untwisted and thus become
sixteen threads they remain suitable for use as long as there
remains enough twisted thread on each thread to loop around the
other threads (kdei aniva). (ibid.)
N.B. The eight threads are four strands which are inserted through
the hole of the tallit half the length on one side and half the length
on the other.

3)

The eight threads on each corner must be at least four

GlgudalimG2 long and according to some opinions twelve
Glgudalim (24 cm./9.5 ins.); the custom is to follow the second
opinion. There is no maximum length, (ibid.) If they were made
longer than the necessary length one may shorten them without
thereby incurring the problem of Ta'aseh, veloh min heassuy (being
ready-made') (Rema). If they were made from stolen wool they
are unfit to be used as learnt from the verse (Numbers 15,38)
'and they shall make for themselves Zizit...'' - that is, from their
legally owned property. (Sh.Ar.ibid.)
1

4)

The hole for inserting the zizit should be made along the length
of the tallit (the length of the tallit is spread around the wearer,
its width is worn from the head towards the feet. Mishna Berura),
no higher than three gudalim from the hem, otherwise it is not
considered to be on the corner (as the Torah requires). (The Beer
Hetev writes that if after having inserted zizit higher than permitted
one cut the hole to allow the zizit to hang lower they are unfit for
use because of the rule Ta'aseh, veloh min heassuy.) The hole should
not be made lower than the equivalent from the hem of the space
between the thumb joint (kesher gudal) and the thumbnail (where it
still touches the skin. Pri Megadim) since the Torah says (Numbers
15,39) '...on the corner', and below this space is considered to
be under the corner. (Sh.Ar.ibid.) in practice, no less than 3.5
cm. (1.4 in.) and no more than 6 cm. (2.35 in.)

5)

If the hole was correctly spaced from the edge of the tallit and
some threads of the weft subsequently broke off until less than
the required space remains it is stiU suitable for use as it was in

34

Chapter Eleven

order at the time the

zizit

were inserted. (Sh.Ar.ibid.)

6)

If the fringe of the garment (known in Arabic as the sjifia) is

wide one should not insert the ziziot in it as the Torah says, '...on
the corners of your garments...* and this fringe is not considered
an integral part of the garment; however it does count as part
of the distance the hole may be spaced from the edge, both for
the minimum distance (kesher gudal) as well as for the maximum
(three gudalim) since the hole is in the actual garment, (ibid.) It
is however correct to measure the minimum distance excluding
the fringe in such a way that the hole will be within the maximum
distance including the fringe. (Rema, ibid.)

7)

Take care to cut the tips of the zizit to make them eight separate
threads before winding them together, because if one would wind
one segment (of the usual four segments) and tie it, even if only
with one proper knot, and afterwards cut the threads apart, the
zizit is not valid because of Ta'aseh, veloh min heassuy, as it was made
invalidly. (Sh.Ar.ibid.)

8)

The knots and windings on each corner should be together four

(8 cms.) long and the threads hanging down from them
eight gudalim (16 cms.), (ibid.) The number of windings between
the knots is as follows: in the first space seven times, in the
second eight times, since seven and eight together make fifteen
the numerical value of the Holy Name 'Yud-Kaf; the next space
- eleven times, which together with the previous windings amounts
to twenty-six, the numerical value of the Holy Name 'Havaya'; and
the fourth thirteen times which equals the word 'ecW making
'Hashem Echa<t (G-d is one) altogether. (Kavanot)

gudalim

What Makes Zizit Unsuitable for Use

35

CHAPTER T W E L V E
WHAT MAKES

Zizit

UNSUITABLE FOR USE

1)

If all the threads of a corner are broken off but there remains
enough attached on each thread to loop around all the other
broken threads (of that corner) then these zizit remain suitable
for use. If there does not remain enough to loop around the
other broken threads, even in the case where only one strand
(see note after chap. 11 para. 2) has both its threads broken off,
it is unfit for use. It follows that since all strands are doubled
over, if any two threads are broken off without enough remaining
the zizit is unsuitable for use, because it may be that the two threads
are from the same strand. However, since it is our custom when
making the zizit that we pay attention to designate the four tips
of the strands so that these four tips are always on one side
of the knot and the other four ends are always on the other
side, if two threads are broken off on one side the zizit remain
fit for use as they are definitely from different strands and the
other end of each one still remains with more than the minimum
suitable length. (Sh.Ar. 12)

2)

Concerning the problem of a thread of zizit that broke off and was
retied, the Turei Zahav ruled that if at the time it was affixed to
the tallit it was shorter than the permitted length it will not
help to reattach the broken part as this would be Ta'aseh, veloh
min heassuy, however, if it was in order after the zizit had been
tied and only afterwards broke off to become unfit for use, it
would again be in order if reattached. If a thread was broken
before the zizit were formed and was retied before forming the
zizit that would also be in order, q.v. The Magen Avraham expressed
the same opinion in Chap. 15 sub. para. 1, q.v. (BeerHetev ibid.)

3)

When (in order to measure if the threads are in order) we need to

know if there is enough thread of the zizit to loop around the other
zizit and the threads in question are too thick to loop around, and

Chapter Twelve

if they would have been thinner there would have been enough,
then they are in order. (Sh.Ar.ibid.) (We calculate according to
average-sized threads. Rema ibid.)

AL HASHULCHAN
If a person made zizit from stolen wool it is unfit for use as
the Torah says, '...and they shall make for themselves...' that is,
from their legally owned property (Sh.Ar. 11,6). If that person
repented and paid for his theft, he must undo the threads and
retie them, thus obviating the problem of Ta'aseh, veloh min heassuy.
(Kaf Hachaim ibid. 23 and v. Biur Halacha) It is correct to make sure
to pay directly for zizit and not to take them on credit. (Mishna
Berura ibid. 27)

Since there are special laws when zizit are halachically suitable
or not, one must be careful not to buy zizit from just anyone
but only to buy from a trustworthy person who has fear of
G - d and who knows that they were made for the purpose of
the Mitzva.

If they were not made v/ith this intention then the wearer does
not fulfil the Mitzva of zizit and his blessings are said in vain. (Od
Yossef Chai, Noach 5)

When the strands of zizit are woven by machine the machine

operator must say at the beginning of the process 'Leshem Mitzvat
Zizit - for the purpose of the Mitzva of zizit.' There are authorities
who are stringent concerning machine-made zizit and consider
them unsuitable for use; therefore those who follow this strict
ruling and buy hand-woven zizit shall receive a special blessing.
(Sefer Halacha 75)

37

CHAPTER THIRTEEN
THE LAWS CONCERNING

ztztt

on

shabbat

The ziziot on the four corners restrict one another, meaning that
if one of them is missing, the tallit is not halachically fit to be worn
and a person who goes out to a reshut harabbim (public thoroughfare)
on Shabbat wearing such a tallit has the obligation to bring a sinoffering (which means he has trangressed a Torah prohibition).
(Sh.Ar.13)
If all its zizit are halachically in order a tallit may be worn to
go out to a reshut harabbim on Shabbat; this applies both to a tallit
kattan and a tallit gadol, and even in our times when we do not
possess techelet (the bluish dye obtained from the Chalazon fish).
(Sh.Ar.ibid.) (This is permitted even at night time, although there
is no obligation to wear zizit at that time, as they are considered
decorative to the garment. B.Het. quoting the Beit Yossef ibid.) This
ruling does not apply when the tallit is placed just on the shoulders.
(Rema, ibid.) There is no need to check the tallit before going
out (to a reshut harabbim) as we rely on its previously established
halachic status, i.e. that it was correctly fitted with zizit. (ibid.)
If one discovered on Shabbat that the tallit one is wearing is
halachically not in order and one is in a karmelit, (a place where
the prohibition of carrying is of Rabbinic degree) one does not
remove it before returning home, as in this case consideration
for human respect outweighs the halachic problem. (Sh.Ar.ibid)
Even the tallit kattan which is worn underneath the clothes does
not have to be removed as it is degrading for a person to have to
take off his clothes. Similarly, if someone in synagogue finds
that one of his zizit is broken off and he is embarassed to be
there without a tallit, he may put on his tallit without saying
the blessing, because of the importance attached to human respect;
this, however, only applies on Shabbat when it is forbidden to make
ziziot on weekdays this is forbidden. (Rema, ibid.) If he knew

CHAPTER F O U R T E E N
LAWS OF

MANUFACTURED B Y NON-JEWS OR B Y
WOMEN, AND O F A B O R R O W E D Tallit
Zizit

made by a non-Jew are unsuitable for use as the Torah says,

Speak to the children of Israel which excludes a non-Jew. A
woman may make zizit. (Sh.Ar. 14)

Zizit

If a Jew inserted zizit into a garment without the necessary

intention, and no other ziziot are available to make this garment
halachically suitable, he may rely on the opinion of the Rambam who
permits using this garment in its present state, but does not recite
the blessing, (ibid.)
One may take someone else's tallit and say the blessing over it as
long as one folds it up again if one found it folded. (Sh.Ar.ibid.)
This ruling applies also to tefillin (phylacteries); however one
may not learn from someone else's books without his knowledge.
(Rema, ibid.)

AL HASHULCHAN
According to some authorities most people nowadays are
particular that others should not wear their zizit or tefillin,
and therefore one should not take from the Shamash (synagogue
attendant) zizit or tefillin belonging to others unless the Shamash is
certain that the owner is not particular. (B.l.Ch. Lech Lecha 6). If
someone received a tallit from the Shamash and recited the blessing
over it but, before he was able to wrap it around himself, the
Shamash took it away from him saying that the owner had arrived
and required it for himself, and then he gives him another tallit,
he does not recite another blessing, as there are different opinions
among the authorities whether this is necessary and we apply the
rule that in the case of doubt whether to recite a blessing we

Laws of Zizit Manufactured by non-Jews or by Women, and of a Borrowed Tallit 39

are lenient and do not repeat the blessing.

2:6)

(Mayan Ganim

Part

2)

If one borrowed a tallit in order to give the Priestly Blessing or

to go up to the Reading of the Sefer Torah ('Law') one does not
recite the blessing over the tallit. However, if one borrowed a
tallit in order to fulfill the Mitzva of zizit, one may recite the blessing
as probably one's friend gave it not as a loan, but rather as
a matana al menat le'hahazir (a present given with the stipulation
that it should be returned later) so that the borrower can thereby
fulfill his duty. It is nevertheless correct, whenever possible, to
avoid borrowing a tallit (B.l.Ch. ibid.5)

3)

Concerning tailitot of Hekdesh, i.e. those which are placed in the

synagogue as charity to provide the possibility of wearing a
tallit to those who do not have one, one does recite the blessing
over them even if one wears them to give the Priestly Blessing or
to go up to the Reading of the Law. (ibid.)

4)

If a person removed his tallit in order to relieve himself or for

a similar purpose but intends to put it on again immediately
afterwards there is a difference of opinion among the authorities
whether he should recite the blessing when putting it on again.
Here again we follow the rule to be lenient in a case of doubt
whether to recite a blessing and he does not repeat it. (v. Sh.Ar.8:14
and K.Hach.52)

5)

If his tallit fell off him unintentionally and he wishes to put it on

again, if it fell off completely there is a difference of opinion if
he needs to recite the blessing therefore he puts it on without
a blessing; if most of the tallit fell off but some still remained
on him then all agree that he does not recite another blessing.
(v.Sh.Ar. ibid, and K.Hach ibid. 58)

6)

If someone took a tallit to put it on and after he recited the

blessing, before he could wrap it around himself, it fell out of his
hands, he picks it up and puts it on without repeating the blessing.
(K.Hach ibid. 59)

Chapter Fifteen

already before Shabbat that it was halachically unfit, then he may

not put on that tallit on Shabbat, because he should have repaired
it before Shabbat; however, if there are no ziziot available in town,
the same ruling applies as if the broken ziziot were discovered on
Shabbat (Magen Avraham, ibid.)

CHAPTER F I F T E E N
LAWS OF A Taint THAT WAS TORN; AND OF
WEARING zizit, ITS REWARD AND PUNISHMENT
One may not take the edge of a garment prepared with zizit and
sew it on another garment because of the rule Ta'aseh, veloh min
heassuy; moreover, the Torah requires '...on the corner of their
garments' (Numbers 15) and this corner was not a part of the
garment when the zizit were attached. (Sh.Ar.15)
A tallit which had zizit suitably attached and was divided into two
parts, and each part is large enough to use as a halachically
suitable tallit and there remains one or two corners with zizit on
each one, they are not rendered unsuitable through the rule Ta'aseh,
veloh min heassuy. (ibid.)
If the tallit became torn within three etzbaot (gudalim; see above
chap. 11:4) of the edge of a corner one may not resew it. The
only solution possible is to cut off the entire tear along the
full width of the garment, to make a new hole and insert into
it the ziziot (ibid.,q.v.)

Laws of a Tallit that was Torn; and of Wearing Zizit, Its Reward and Punishment 41

It is commendable and correct practice for every man to be sure

to wear a tallit kattan the whole day in order to remember G-d's
commandments at every moment. This is why each zizit has five
knots corresponding to the five books of the Torah, and a tallit has
four corners so that in every direction the wearer turns he may
remember. (Sh.Ar.24)
It is a Mitzva to hold the ziziot in the left hand close to the heart
when reciting the Shema; the Torah makes an allusion to this:
(Deut. 11) 'and these matters should be placed on your heart.'
It is commendable to look at the ziziot when saying the blessing
over them. Some have the custom to look at the ziziot when they
reach the words 'ure'item oto' ('...and you shall look at it...') and
to put them on their eyes. This a fine custom which demonstrates
affection for the Mitzva. When looking at the ziziot one should
look at the two ziziot in front which have ten knots, an allusion
to Havayot (which refers to the ten spheres (Sefirot) of Kabbala which
are attached together) and also have sixteen threads which together
with the ten knots add up to twenty-six, the numerical value of
Havaya (the Holy One blessed be He).
The punishment of one who abstains from the Mitzva of zizit is
considerable; concerning him it states (Job 38) 'I have commanded
to grasp the corners of the earth and shake out the wicked from
it'. One who is meticulous in keeping the Mitzva of zizit shall have
the merit of greeting the Divine Presence, (ibid.)

AL HASHULCHAN
One should make an effort to wear an attractive tallit as it is
written (Exodus 15) 'This is my G-d and I will serve him in
a beautiful manner' which the Talmud (Mesechta Shabbat 133b)
explains that we are encouraged to perform the commandments
in an attractive manner, to make a beautiful Sukka, beautiful
zizit, etc. One should take care to launder the tallit regularly
so that it should always be white and clean (K.Hach 24:3) and

Chapter Fifteen

someone who is well-dressed but his

strict punishment. (Bet Simcha p.80)

tallit

is repulsive merits a

When a person puts on his tallit and goes out of his home he is
protected from damage and all kinds of destructive forces. (Zohar
Vayikra 60) However, someone who has no tallit gadol is considered
to be under a ban from Heaven (Tract. Pesachim lb). Through

the merit of

one is saved from the evil inclination, as

related in tractate Menachot 442L (q.v.). Many other merits are
mentioned in the Talmud and the Midrash for those who are
zizit

careful in keeping the Mitzva of zizit. (v. Bet Simcha P. 79) Those

who perform this Mitzva with fervor are worthy of greeting the
Divine Presence, among other great virtues as explained in the
Talmud and the Midrash. One who passes the zizit over his
eyes when he reads the portion appertaining to zizit (Numbers
15; recited daily as the third portion of Shema) is guaranteed
that he will not become blind. (Bet Simcha P.61)
are considered halachically as Mitzva appurtenances and
are not intrinsically holy. This means that as long as they are
attached to a tallit it is forbidden to make a profane use of them,
such as tying up an article with them and one must take care
that they are not dragged on the ground as this disgraces
the Mitzva; and if they are broken off from the tallit they may
not be thrown into the garbage or other improper place some are meticulous to place them in a Geniza (storage place
for worn or disused holy books and articles), and they shall
receive a special blessing. (B.l.Ch. Lech Lecha 19)
Ziziot

Tallitot which have become worn out should not be put to

improper use but be thrown away to disintegrate. If a tallit
gadol is partially worn out and cannot be worn in its entirety,
one may make a tallit kattan from the stronger part. (B.l.Ch. ibid.
20,21)

Once a minor knows how to put on a tallit, his father must buy
him zizit in order to educate him in this Mitzva. The authorities differ

The Laws of Tefillin in Deatil

43

as to the age when this applies; some hold that at nine years old, others say for
an intelligent child from six years old and one not so bright at nine years old,
and a third opinion is that once he reaches the age of three there is already

indicates (in Leviticus 19)

'for three years they shall be restricted to you...and in the fourth
year, etc.' This minor should say the blessing over zizit in the
same way as an adult, and when he reaches the age of thirteen
years he has the same obligation concerning zizit as an adult
(K.Hach 17:10) and he should not wait until marriage to fulfill
this Mitzva. (Mishna Berura 17:10)
an obligation to educate him as the Torah

CHAPTER SIXTEEN
THE LAWS OF

Tefillin

IN DETAIL

Those who place their tefillin bag and their tallit into the same
bag must pay attention not to place the tefillin bag on top in
order not to come across it first which would thereby oblige them
to put the tefillin on before the tallit in order to avoid passing
over a Mitzva. (Sh.Ar.25) However, if the tefillin are at hand and
one has no zizit there is no need to wait for zizit: one puts on
the tefillin directly, and when a tallit subsequently is brought one
puts it on then. (Rema, ibid.)
When putting on tefillin one should have in mind that G - d
commanded us to put on these four portions from the Torah,
which are contained in each 'box' of tefillin which contain the
declaration of the Unity of Gd and mention the Exodus from
Egypt (when G-d demonstrated clearly to all His absolute power)
on the arm opposite the heart and on the head opposite the brain

44

Chapter Fifteen

in order to remember the miracles and wonders that He wrought

for us which indicate His Unity and that He possesses the power
and the dominion over the celestial and the terrestrial worlds to do
whatever He wishes with them; one should subjugate to G-d one's
soul which is
situated in the brain as well as one's heart which is the source of
desires and thoughts, and thereby one will remember the Creator
and limit one's pleasures, (ibid.)
3)

If someone came across the shel rosh (the tefillin placed on the
head) first he must pass over this Mitzva and first put on the
shel yad (the tefillin tied around the arm) and only then the shel
rosh (as the Torah says (Deut. 6) 'You shall tie them as a sign on
your arm' - first, and then - 'they shall be as frontlets, etc.') (ibid
and Radvaz chap. 529)

4)

The form of the blessing is Hehaniach tefillin and the letter nun is
without a dagesh. This form has as its source the verse (Ezekiel
44,30) 'Lehaniach Bracha al Betecha'. (Later Commentaries)
The blessing is recited after placing the shel yad on the biceps
before tying it, following the rule that one says the blessing over
all Mitzvot before performing them, and in this case the tying is
the act of the Mitzva. (ibid.)

5)

It is forbidden to interrupt by speaking between putting on the shel

and the shel rosh. If one did interrupt in this way one must recite
the blessing 'a/ Mitzvat tefillin* when putting on the shel rosh (ibid.);
however, if this interruption was for the purpose of tefillin, one does
not recite another blessing. If one hears Kadish or Kedusha between
the shel yad and the shel rosh, one does not interrupt to answer with
the congregation but remains silent and listens attentively to what
is being said. Even to answer Amen to the blessing over tefillin that
someone else said for himself is forbidden. (Beer Hetev quoting

yad

Dvar Shemuel)

6)

On Rosh Chodesh they are removed before the mussaf (additional)

Prayer. (Sh.A. ibid.) The reason for this, explains the Beer Hetev,

The Laws of Tefillin in Deatil

45

is that since we say then the Kedusha beginning with Keter (crown)
it is not proper that one should be wearing the Keter of tefillin-.
(ibid.)
7)

If someone has only one Tefilla (i.e. either shel yad or shel rosh)
he should still put it on and say the blessing as each one is a
separate Mitzva. The same ruling applies if he has both tefillin but
through force of circumstances he is only able to put on one of
them, he should still put that one on. In a case when he can only
put on the shel rosh he should only say the blessing al Mitzvat Tefillin.
(Sh.Ar.26)

8)

One should make sure that the yu<f of the knot of the Shel yad is
not moved away from the tefilla (i.e. the 'box'). (Sh.Ar.27) It
should never be moved away even when it is lying in the bag.
l

(Ksh.G.3)

9)

The shel yad is put on when one is seated and the shel rosh when
standing. The straps (retzuot) are wound three times around the
middle finger, once around the middle joint and twice around the
lower joint. (Ksh.G.ibid. quoting the AriZal)

10) Someone who inadvertently said the blessing al Mitzvat Tefillin for
the shel yad has nevertheless fulfilled his obligation. (KshG ibid.)
One may not let one's attention wander away from the tefillin, the
only exceptions being when one is learning Torah or reciting the
Amida. One must be very careful about this; moreover it carries a
severe punishment, (ibid.) If one thought it was already daytime
and said the blessing over the tefillin and, in fact, it was still night,
one is not required to repeat the blessing once the correct time
arrives, (ibid.) (The correct time is the same as that of the tallit,
see above 'AL H A S H U L C H A N ' chap.9 para.4)

46

Chapter Sixteen

AL HASHULCHAN
1)

According to the order of the celestial criteria to which zizit and

tefillin indicate, one must put on zizit before tefillin. If someone
was wearing tefillin without a tallit gadol because he did not have
one at the time and afterwards he was brought a tallit, he should
remove the tefillin, put on the zizit and then put the tefillin on again
without saying a blessing. (B.I. Ch. Vayera 3) Similarly if he was
wearing only tefillin shel rosh because he did not have a shel yad and
afterwards he was brought a shel yad, he should remove the shel
rosh, put on the shel yad and then put the shel rosh on again.
(ibid.,20)

2)

Since it is forbidden to interrupt by speaking between tefillin

if someone mistakenly started to say the
blessing on the shel rosh with the words 'Baruch Ata Hashem and
then remembered that we do not say a separate blessing he does
not conclude by saying 'Lamdeni Chukkecha (Psalms 119), which
would normally be said in order to show that one is saying a
verse (and thereby not saying the Divine Name in vain), because
that would constitute an interruption between shel yad and shel
rosh, rather he should finish the blessing by saying 'al Mitzvat
Tefillin* thereby following the opinion of those authorities who
require a separate blessing on the shel rosh. (ibid.7)
shel yadf2 and shel rosh,

3)

The order of putting on tefillin is as follows: tie loosely the shel

yad on the left arm at the biceps, which is the protrusion of
the upper arm, and cover the arm with the tallit, so that the
shel yad is put on in modesty, and recite the blessing. After
finishing the blessing, attach firmly the tefillin to the arm and
join the *ywf knot of the strap to the tefillin, even though
it is always attached, by winding the strap round it and then
transfer the strap onto the arm, winding it seven complete
times round the arm - the half-windings at the beginning and
the end are not included in this number. Then stand up and
put on the shel rosh; after that finish putting on the shel yad by

The Laws of Where and How Tefilln are Put on, and the Laws
of the Retsuot (Straps)

47

winding the strap three times aound the middle finger. It is

correct to say, while doing this, the verses (Hosea 2) 'Vo'errustich li
leolam, vo'errustich li bezedek uvemishpat bechessed uverachamim, vo'errustich

Then take the two Straps of the

and insert them into your belt, the left strap into
the upper part of the belt against the chest (- it is apparent
that in the time of the Ben Ish Chai a kind of sash was worn above
and around the waist) and the right strap into the lower part
against the navel, following Kabbalistic principles, one above the
level of the other. Place the ends of the straps into the belt so
that they should not drag on the ground, (ibid., 15,16,17)

li be'emunah vayada'at et Hashem.''

shel rosh

CHAPTER SEVENTEEN
THE LAWS OF WHERE AND HOW Tefillin ARE PUT
ON, AND THE LAWS OF THE Retsuot (STRAPS)

1)

The shel yad is placed on the left arm on the flesh which protrudes
over the bone between the eibow and the armpit and it should be
turned slightly towards the body in such a way that if the arm
is lowered it is opposite the heart and thus we fulfill the verse
(Deut. 6:6) 'and these words shall be on your heart.' (Sh.Ar.27)

2)

A left-handed person, if he does all his activities with his left hand,
should put tefillin on his right arm which is his ieft (i.e., weaker)
side.' An ambidextrous person should put his tefillin on the left arm.
Someone who writes with the right hand but all other activities he
performs with the left, or someone who writes with the left and
all other things he does with the right, the hand used for writing

Chapter Seventeen

48

is considered his right for this purpose and he puts the tefillin on
the opposite arm. (ibid.)
3)

The shel rosh is placed between the limits of the beginning of the
hairgrowth at the top of the forehead and the back- end of the
fontanel (the part which is soft on a baby's head), (ibid.)

4)

The knot must be on the upper part of the back of the head which
is opposite the face. The Ketziza (the box in which the required
four portions of the Torah are contained) must be positioned to
be in line with the space between the eyes. The knot should also
be in the middle of the back of the head and not lean to one side
or the other. The black side of the straps, both of the shel yad and
shel rosh, should be facing outwards and not turned round. The
straps of the shel rosh should hang down in front of the body and
reach the navel. The straps of the shel yad and the shel rosh should

be at least as wide as the length of a grain of barley 9 mm. I f

someone has straps smaller than this size, he should nevertheless
put them on until he finds others of the correct size, (ibid.)
5)

One is obliged to touch one's tefillin at all times i.e. when one
is both wearing them and thinking of them; and when saying
Ukeshartem...and you shall bind them as a sign on your arm'
(Deut.6) one should touch the shel yad, and when saying 'Vehayu
letotafot...and they shall be as frontlets between your eyes' (ibid.)
one should touch the shel rosh. (Sh.Ar.28)
i

6)

If the strap of the shel rosh breaks at the part surrounding the
head, or the strap of the shel yad breaks in such a way that
there does not remain enough strap to tie the tefilla to the arm,
stretch it to the middle finger, wind it round three times and
tie it down, there is no way to repair them, neither by tying
nor by sewing. If the tear occurred after these respective amounts
of strap, tying and sewing do not render them unfit for use. In
cases of urgency one can rely on the authorities that permit
repairing by sewing even along the whole length of the straps of
the shel yad2 and the shel rosh, in order not to miss performing the
Mitzva of tefillin. (Sh.Ar.33)

The Laws of Where and How Tefilln are Put on, and the Laws
of the Retsuot (Straps)

49

AL HASHULCHAN
1)

One must pay attention with the tefillin shel rosh that even the
outermost edge of the base is placed within the beginning of the
hairgrowth as it is also part of the tefillin. If a person's hair comes
down over his forehead and he puts the shel rosh on this fringe he
has not fulfilled his duty - the tefillin must be placed on the roots
of the hair. The upper limit is the fontanel. If the tefillin are
worn lower than within these limits (i.e. on the forehead) that
is the custom of the Karaites (a sect who interpreted the written
Torah literally and denied the Oral Tradition) - not only has one
not fulfilled the Mitzva, but one is also punished for this. Even
if most of the Bayit (another name for the box containing the
four parchments) lies within the correct limits and the rest on
the forehead one has not fulfilled one's obligation, and we do
not apply here the rule 'the major part is considered as the
entirety.' (B.l.Ch. Chayei Sara 1)

2)

An elderly person whose hairs have fallen out and similarly

someone who is bald, even though now they have no hair on
their head, put tefillin on the place where hair grew before; it
is possible to discern between spots where hair once grew and
where there never was any. (ibid.) If a wig is worn, one may not
put tefillin on top of it as this is considered a chaziza (separation)
(K.Hach 27:22)

3)

Someone who was ill and recovered, but his illness affected his
physical make-up and as a result his right arm became weak
and his left stronger, puts on tefillin as a left-handed person on
the right arm. (Resp. Sha'areh Ezra Pt.1,3)

4)

Nothing should separate between the tefillin and one's body.

This applies both to the shel yad and the shel rosh. (Sh.Ar.27:4)

50

Chapter Eighteen

CHAPTER E I G H T E E N
WHO IS OBLIGED TO PUT ON Tefillin AND WHO
IS EXEMPT. THE CORRECT TIME TO PUT THEM
ON AND HOW TO RESPECT THEIR HOLINESS
1)

The reward for the Mitzva of tefillin is considerable. However

anyone who does not put them on falls into the category of the
Jewish transgressors who sin with their body. (Sh.Ar.37)

2)

It is a Mitzva to wear them the whole day, however since one is

required to have a clean body not to pass air (flatulence) while
wearing them and not to let one's mind wander from them, and
not everyone is able to be careful with these requirements, it
has become the custom only to wear them at the time of the
recital of Shema and Amida. (ibid.)

3)

A father who has a child who is able to take care of tefillin with
proper respect and will not sleep in them is obligated to acquire
for him tefillin in order to educate him. (ibid.) A person suffering
from his bowels is exempted from tefillin. (Sh.Ar.38)

4)

If someone is sure that he will be unable to recite Amida without

passing air he should rather miss the correct time for Amida than
recite it with an unclean body. However, if he sees that he will
be able to maintain a clean body at the time of the recital of
the Shema, he should put on tefillin between Ahava (the blessing
preceding Shema) and the Shema with the blessing, (ibid.)

5)

When wearing tefillin one must take special care not to have
indecent thoughts, (ibid.) If one cannot control oneself from having
such thoughts one should rather not put them on. (Rema, ibid.)
(There are some authorities who still oblige one to put them on in
such a case and a special effort must be made then to control one's
thoughts.)

Who is Obliged to Put on Tefillin and How is Exempt.

The Correct Time to Put them on and how to Respect their Holiness

51

6)

A mourner on the first day of mourning may not put on tefillin,

thereafter he is obligated. On Tisha Be'ay (the ninth of A Y ) one is
obliged to put on tefillin (Sh.Ar.ibid.); however, in chapter 555,
the Shulchan Aruch writes that it is the custom not to put on
tefillin and tallit on Tisha Be'av in the morning, but one puts them
on at Mincha with the usual blessings, q.v.

7)

Someone in suffering, or whose mind is not settled and it is

impossible for him to settle his mind is exempted from tefillin, as
it is forbidden to let the mind wander from them. (Sh.Ar.38)

8)

A person who needs both tefillin and a mezuza, but cannot afford to
buy both, tefillin take precedence, (ibid.) However, if he can borrow
tefillin, then the mezuza takes precedence for it cannot (usually) be
borrowed. (Magen Avraham)

9)

It is forbidden to hang up tefillin regardless of whether the

batim (boxes) are dangling or the straps are dangling. It is,
however, permitted to hang them up in their bag. (Sh.Ar.40) The
Magen Avraham writes that a Sefer Torah (Scroll of the Law) may
not be suspended even in a bag. If tefillin fell from one's hands
it is customary to fast; this applies equally to a Sefer Torah, and
the responsa 'Mishpetei shemuef chapter 12 brings a source for this
custom, q.v. The Magen Avraham writes further that he holds that
one only fasts if the tefillin fell and they were not in their bag, but
if a Sefer Torah fell even in its bag it is the custom to fast, (this
is all in chap. 40)

10) It is forbidden to have marital relations in a place where there are

tefillin until one removes them or places them in a container within
a container, as long as one of the containers is not specifically for
tefillin. If all the containers are meant specifically for tefillin even
a hundred containers are considered as a single container for this
purpose. (Sh.Ar.40)

52

Chapter Eighteen

AL HASHULCHAN
1)

Even though it is the accepted custom to wear tefillin during

Morning Prayers, however someone who did not have them
at that time should put tefillin on as soon as he obtains them
since the entire day is considered the time for tefillin. The usual
blessing is also said. Tefillin is an independent Mitzva and is
not inseparable from prayers. Until sunset they may be put
on with the blessing; during Bein Hashmashot (between sunset
and nightfall) without the blessing; but at night one does not
put on tefillin as one might forget and sleep while wearing
them. (Sh.Ar.30:l, K.Hach 17) It is recommended to make this
law known in public as many people mistakenly think that if
they do not put on tefillin in the morning they can no longer
put them on during the day.

2)

On Shabbat and Yom Tov and also on CholHamo'ed (the intermediate

days of Pesach and Sukkot) it is forbidden to put on tefillin, as these
days are called a sign between G d and the Jews and if one
would put on another sign (i.e. the tefillin) that would degrade
their sign. (Sh.Ar.31:l,2)

3)

It is proper for a Gdfearing person to wear also Rabbenu Tam

tefillin. They differ from the usual (Rashi) tefillin in the order of the
four portions of the Torah: according to Rashi, Kadesh (Exodus, 13:1
10), Vehaya Ki Yeviacha (ibid., 13:11), Shema (Deut., 6:4-9),
Vehaya im Shemoa (ibid., 11:13-21) and according to Rabbenu Tam,
Kadesh, Vehaya ki Yeviacha, Vehaya im Shemoa, Shema. This practice is
particularly recommended as the An Zal had a tradition from
Eliyahu the Prophet that is is correct to follow both opinions.
According to Kabbala it is correct to wear them at the same
time, with the Rabbenu Tam tefillin above the Rashi tefillin. In order
that there should be enough room for both, the batim (boxes)
should be made smaller, with the bayit (box) of the Rabbenu
Tam smaller than that of the Rashi tefillin. The straps of the Rashi
tefillin are placed over those of the Rabbenu Tam, and therefore

Who is Obliged to Put on Tefillin and How is Exempt.

The Correct Time to Put them on and how to Respect their Holiness

53

they should be slightly wider to cover the straps of the Rabbenu

Tam tefillin. (B.l.Ch. Vayera 21)

One does not say a blessing on Rabbenu Tam tefillin, even when
wearing them alone, as the spiritual level o f these tefillin is
higher than that o f Rashi tefillin according to Kabbala principles
and we do not have the capacity to attract the spiritual light
which emanates from this level, (ibid.22)
Even t h o u g h one does not say a blessing on Rabbenu Tam
tefillin, nevertheless if one p u t them on alone it is forbidden
to speak between the shel yad and the shel rosh. However, i f
one hears Kaddish or Kedusha one should still answer, after
which one removes the shel yad, and puts it back on followed
directly by the shel rosh, thereby obviating an i n t e r r u p t i o n
between the t w o . (ibid. 26)
Someone w h o t o o k o f f his tefillin i n order to put them o n
again immediately does not repeat the blessing when he
puts them back o n . I f they moved away f r o m their correct
position and he returned them there he also does not repeat
the blessing. The authorities differ concerning the question
o f saying another blessing i f a person needed to relieve
himself and removed them in order to enter the b a t h r o o m ,
where it is forbidden to wear them, and then puts them on
again. We therefore f o l l o w the rule that i n a case o f doubt
whether to say a blessing we are lenient and do not say i t .
(ibid. 13)
I t is permitted to say the blessing over b o r r o w e d tefillin since
a person fulfills his obligation w i t h the tefillin o f another. I t
is, however, forbidden to say the blessing over stolen tefillin
as this is considered a Mitzva haba'ah beavera (a Mitzva achieved
through a transgression). I n a case o f urgency one may take
another's tefillin w i t h o u t asking permission, as usually a
person is pleased that the Mitzva o f tefillin is being done w i t h
his property, but it is correct to inform the owner afterwards

54

Chapter Eighteen

(if one can find h i m ) and to ask permission retrospectively,

(ibid. 14)
8)

I f someone lost a relative for w h o m he is required to m o u r n

and the deceased person was buried after the day o f death,
he may not either put on tefillin on the day o f burial (ibid.
ChayeiSara 12). The custom in Jerusalem is to put them on in
private on such a day o f burial w i t h o u t saying the blessing.
{Sefer Halacha

9)

75)

I f someone heard, w i t h i n thirty days o f the death, that a

relative for w h o m he is required to m o u r n passed away he is
forbidden to put on tefillin on that day.
D u r i n g the seven days o f mourning, a mourner is permitted
to put on Rabbenu Tam tefillin. Someone who lost a relative on
a Yom Tov, i n which case the seven days o f m o u r n i n g begin
after the Yom Tov, is obliged to put on tefillin on the first day
o f mourning. (B.l.Ch. ibid. 12)

10) I f tefillin fell out o f one's hands, it is correct practice to fast

for that whole day; i f it is impossible for one to fast, one
should redeem the fast by giving charity. This applies even
i f they fell less than ten tefachim (80 cm.). I f they fell while i n
their bag one redeems the fast by giving charity, (ibid. 18)
11) Before removing the tefillin it is proper to learn some Torah
while wearing them, each man according to his possibilities.
This is particularly recommended while wearing Rabbenu
Tam tefillin. ( i b i d . 11) Some have the custom to learn Chok
Leyisrael (a Chumash w i t h selections from Mishnah, T a l m u d ,
Zohar and also Halacha and Mussar) while wearing their
tefillin a may they receive a special blessing!
12) N o t everyone is familiar w i t h the details o f the appearance
o f tefillin, therefore for the slighest defect or damage a
Halachic A u t h o r i t y or experienced Sofer (scribe) should be
consulted. I t is recommended to have tefillin checked from
time to time.

Who is Obliged to Put on Tefillin and How is Exempt.

The Correct Time to Put them on and how to Respect their Holiness

55

13) Nowadays it is very c o m m o n to find dishonest or ignorant

people selling tefillin or parshiot (the portions o f the T o r a h
which are contained in tefillin or mezuzot) which are
halachically unfit for use; therefore i f one does not k n o w
who wrote the parshiot and who manufactured the tefillin one
should only buy from someone who is k n o w n as a person
w i t h complete fear o f G - ' d and has the supervision o f a
reliable Rabbinical A u t h o r i t y . I t has come to light, because
o f our many sins, there are non-Jews who have learnt to
write mezuzot and tefillin and sell their w o r k , and it is
impossible to discern that they are unfit for use.
14) The f o l l o w i n g is the procedure for removing tefillin: while
standing remove the straps w o u n d around the fingers, be
seated and remove t w o or three windings o f strap from the
a r m . Stand again and remove the shel rosh from the head and
then sit d o w n again to remove the shel yadfrom the arm. The
removal is done in this manner in order to resemble the
positions o f p u t t i n g on the tefillin. Tefillin and tallit are
removed w i t h the left hand, which is the weaker side, to
show that we have difficulty in parting from them. I t is the
custom o f the Sages to kiss their tefillin before p u t t i n g them
on and after removing them and again when returning
them to their bag to show affection for the Mitzva. (ibid.
9,10)
15) There are some people who mistakenly determine the Bar
Mitzva o f their sons according to the secular date and
thereby these sons by-pass their Hebrew thirteenth birthday
w i t h o u t p u t t i n g on tefillin. Others mistakenly t h i n k that
everything depends on the time o f the party which is fixed
at a date suitable to the parents and here again the child
does not begin to put on tefillin at the correct time. Even
though these points may seem obvious it is important to
warn the general public that they should go to a Rabbi to fix
the exact date.

56

16)

Chapter Nineteen

I t is forbidden to divert one's attention from the tefillin while

wearing them. There is a difference o f o p i n i o n between
Rishonim (term used to include the authoritative T a l m u d i c
commentators and Halachic decision-makers who lived
between the eleventh and fifteenth centuries C . E . ) on what
is meant by diversion o f attention. According to Rabbenu
Yona only lighthearted and frivolous behavior. The Ramban
(Nachmanides) however forbids any k i n d o f diversion o f
attention. I n any case, there is no problem i f the diversion
was for no longer than the time it takes to walk the distance
o f one hundred amot (cubits). (Shearit Yosef Part 3, Orach
Chaim 1) cf. chap. 20:1

CHAPTER NINETEEN
T H E LAW CONCERNING CONVERTING
Yad TO

1)

Tefillin

shel

Shel Rosh

It is forbidden to change tefillin shel rosh (those placed on the

head) to make them into shel yad (those placed on the arm),
even to take a strap of a shel rosh and insert it into a shelyad, as
one may not lower from a high Kedusha (holiness) to a lesser
Kedusha and the shel rosh is a higher Kedusha since it has most of
the Holy Name 'Shakai\ However one may change a shel yad
into a shel rosh. (If the strap of the shel yad broke near the knot it
is forbidden to reverse it so that the bottom end is used at the
top to make the knot and the top end which was the knot is
bound at the lower end of the arm, because one would be
lowering the Kedusha of what was used for the knot and the
/Yud* and would now be used to wind around the fingers.

The L a w Concerning Converting Tefillin Shel Y a d to Shel Rosh

57

Magen Avraham)

However, if they are still new, meaning they

have not been worn yet, one may even change a shel rosh to a
shel yad by affixing a single leather patch to make it look like a
single Aoy/V (and not made up of four sections as the shel rosh).
(Sh.Ar.42)
2)

3)

If at the time it was manufactured a stipulation was made

which allows the shel rosh to be converted into a shel yad then
that is permitted even after someone has already worn it.
(ibid.)
A cloth or bag which was permanently designated to contain
and the owner placed tefillin even one time in it, may not
be used to contain money (ibid.) However, if he made a
stipulation at the outset which allows it to be used for lesser
purposes then that is permitted in all regular circumstances.
Parchment which was processed for the purpose of tefillin may
not be used for the purpose of writing secular matters, as such
a preparation for intrinsic Kedusha confers the relevant
halachic status. (Rema, ibid.) (If a stipulation was made at
the outset which allows the parchment to be used for secular
writing as well then that is permitted, v. Turei Zahor.)

tefillin

4)

If the cloth or bag was designated for tefillin but one has not
used it, or if one has used it without having designated it for
tefillin (this means that one used it temporarily and did not
have the intention of using it permanently for tefillin) one is
permitted to use it for money, (ibid.)

58

Chapter Twenty

CHAPTER TWENTY
THE PROHIBITION O F S L E E P I N G IN Tefillin AND
ENTERING A C E M E T E R Y WITH T H E M
1)

As long as tefillin are on his head or on his arm, a person is

forbidden to sleep even for a short while. However, if he
covers them with si cloth and there is no woman present he
may take a short nap while wearing them in a sitting position
with his head between his knees. If the tefillin were only
wrapped around his hand (i.e. he was not wearing them) he
may sleep normally, but if he was just holding them and they
were not wrapped around his hand he may not sleep for even a
short while with them. (Sh.Ar.44) The Be'er Hetev writes that
sleeping for a short while is not considered a halachic
diversion of attention as that only applies to someone who is
lighthearted and frivolous, but someone who is occupied with
his needs and thereby is not actually concentrating on the
tefillin is not considered as halachically diverting his attention.
This follows the ruling of the Tur according to Rabbenu Yona.
(ibid.)

2)

It is forbidden to enter a cemetery or to be within four amot

(cubits a approximately 2 meters) of a dead person while
wearing tefillin on the head for this is considered /Lo'eg larosh'
(mocking the dead who cannot fulfill the Mitzvot), but if the
tefillin are covered it is permitted. (Sh.Ar.45)

3)

In the outer room of a bathhouse where everyone is dressed

one may definitely put on tefillin. In the middle room where
some people are dressed and some are not it is not correct to
put on tefillin; however if someone entered wearing tefillin on
his head he does not need to remove them. In the inner room
where everyone is without clothes even if someone entered
wearing tefillin on his head he must take them off. (Sh.Ar.ibid.)

59

CHAPTER TWENTY-ONE
THE LAWS OF PRAYER FROM

Baruch She'amar

UNTIL

Yishtabach

1)

If a person finished Baruch She'amar before the Chazzan (Reader)

then he answers Amen to the Chazzan's blessing. At the end of
Yishtabach he may answer Amen to his own blessing. (Sh.Ar.51)

2)

One must pay attention not to interrupt by speaking from the

beginning of Baruch She'amar until the end of the Amida. (ibid.)
One should not speak even for the purpose of a Mitzva (even)
between Baruch She'amar and Yishtabach (Rema, ibid.). However it

is permitted to answer every Amen {Magen Avraham) between Baruch

She'amar and Yishtabach, except for the Amen at the end of Kaddish to
Al Yisrael and Yehei Shelama. One should also not pause by keeping
silent (Kesh. G.). One should not answer Baruch Hu Uvaruch Shmo (May
He and His Name be blessed - normally answered after hearing
Baruch Ata Adonai) either. (Be'er Hetev, 66)

3)

One must make a short pause between the words Elilim and Veadonai
Shamayim Assa (in the prayer Hodu). One must concentrate fuUy on
the verse beginning Pateach et Yadecha (in the Ashrei prayer) and if
one did not do so one must go back and repeat it. (ibid.)

AL HASHULCHAN
1)

It is a positive Mitzva to pray every day, as it is written 'and

you shall serve the L-d your G-d' (Exodus 23,25); through
tradition our Sages learnt that the service mentioned in this
verse refers to prayer as it is written, 'and you shall serve Him
with all your heart' (Deut. 11 )-service which is performed with
the heart, explain the Sages, is prayer. The Prophet Ezra and
his council of Sages instituted eighteen blessings: the first three

60

The Laws of Prayer from Baruch She'amar until Yishtabach

are praises of G-d, the last three are expressions of thanks

and the intermediate ones contain requests for all the things
which are the principle needs, both private and public, of all
people in order that everyone should be able to express them.
(Rambam Maimonides Laws of Prayer chapter 1:1,4) Throughout
the order of prayers there are mystical concepts and wonderful
ideas. (K. Hachaim 52:2 quoting Sha'ar Hakavanoi)
2)

Prayer substitutes for the sacrificial offerings and therefore one

must take care that it should resemble the offering of a sacrifice
by the intensiveness of devotion, not to admit other thoughts
such as those which would render unfit a sacrifice; it should
be said standing as in the Temple service, in a fixed place
like the sacrifices, each of which had a specific place for its
slaughtering and sprinkling its blood; there should be nothing
separating him from the wall, similar to a sacrifice where if it
were separated from the wall it becomes unfit for use. It is
proper to have special fine clothes for prayer corresponding
to the priestly garments, however not everyone can afford this;
nevertheless, it commendable to have special trousers for prayer
for the purpose of cleanliness. (Sh.Ar.98:4) (q.v., this paragraph
refers particularly to the Amida prayer, trans.)

3)

G-d said to the People of Israel: take great care in prayer!

for there is nothing more precious than it, and it is greater
than all the sacrifices. Even if a person is not worthy to have
his prayers answered and to receive goodness, however if he
prays and abounds in supplications I bestow on him goodness.
(Medrash Tanchuma, Vayera) G-d does not invalidate any creature's
prayer, (ibid, Va'etchannan) If someone wishes that G-d should
accept his prayer he should make an effort to study Torah (Zohar,
Bereshit 202). A person who opens his mouth with Torah and in
prayer has all his wishes realized. (Otiot deRabbi Akiva Katnuta).

61

CHAPTER TWENTY-TWO
THE LAWS CONCERNING ONE WHO ARRIVED
IN SYNAGOGUE ONLY AT Yishtabach
If someone arrived at the synagogue and found the congregation
reciting the last part of Pesukei deZimra (Zemirot) he should say Baruch
She'amar until Mehulal Batishbechot, then Tehilla leDavid Psalms 145 to
the end, then Hallelu Et Hashem Min Hashamayim Psalm 148 to the
end, and then Halelu Kel Bekadsho Psalm 150 to the end, followed
by Yishtabach. After that he should recite Yotzar (the blessing
which is usually preceded by Barechu), Shema with its blessings and
then recite Amida with the congregation. If there is not sufficient
time to say all this in order to be able to recite the Amida with
the congregation he should also leave out Psalm 8. (Sh.Ar.52)
If even less time is available one should just say Baruch She'amar,
Tehilla leDavid and Yishtabach. (Rema, ibid.) If the congregation has
already commenced Yotzar and there is not enough time to recite
Pesukei deZimra even by omitting the appropriate portions, he should
recite Shema and its blessing with the congregation followed by
Amida, and afterwards he recites the whole of Pesukei deZimra except
for Baruch She'amar and Yishtabach. (Sh.Ar.ibid.) In any case one
should say afterwards all the blessings that must be recited in the
morning (Rema ibid.); the Pen chadash writes that in his opinion all
the blessings can be recited except for Elokai Neshama which ends
'Who returns souls to dead bodies,' as one has already exempted
oneself with the blessing in Amida 'Mechayei hamettin? (Who revives
the dead) (Be'er Hetev ibid.) (All the above refers to cases when
there is no service available in another synagogue which would
permit one to pray in the proper order).
One does not say Yishtabach unless one has said Baruch She'amar and
a little of Pesukei deZimra. One does not say the blessing for
putting on zizit between Pesukei deZimra and Yishtabach, but between
Yishtabach and Yotzar one may. (Sh.Ar.53)

62

3)

Chapter Twenty-Three

A person who needs to relieve himself should not say Amida, but
if he will thereby miss saying the Amida with the congregation
and he is able to hold himself back for the time it takes to walk
a parssa (72 minutes) he may.
If he needs to relieve himself during Pesukei deZimra, when he
returns he should wash his hands and say the blessing asher yatzar,
and put on tallit and tefillin with their respective blessings. (Kesh.G
Chap. 7 quoting Ginnat Veradim) see further Chap. 25 paragraph 20
(There are others who disagree and hold that asher yatzar is said
between Yishtabach and

Yotzar, and

tallit and

tefillin are

put

on

without their respective blessings, since they were removed for

the purpose of relieving oneself. K.Hach 53:7)
4)

One

should not

say Amen after Melech Mehullal Batishbachot of

Yishtabach, only after

(Sh.Ar.54)

5)

ChaiHaolamim

which is the end of the blessing.

A Kohen who is called to the Reading of the Torah or to say

the priestly blessing and he is holding in the middle of Pesukei
deZimra should go up to read or to give the priestly blessing.
(v3.Het.

66:10)

6)

If there was no Minyan (quorum of ten men) present and therefore

Kaddish could not be recited beforehand, Kaddish may be recited
if a Minyan has assembled during Pesukei deZimra but one should
preferably wait before Baruch She'amar and not begin until a
Minyan has assembled and Kaddish has been recited. (Kesh. G 7)
Mizmor Letodah should be recited to a chant. (Sh.Ar.51)

7)

The verse Vehu Rachum Yechaper Avon (Psalms 78:38) is said even
on Shabbat and Yom Tov. If the congregation is waiting for
the Minyan to be completed the Chazzan (Reader) should not
say Yishtabach until a Minyan has arrived and then he recites
Yishtabach followed by Kaddish; the individuals present, however,
say Yishtabach immediately. (Kesh.G 7) One who speaks between
Yishtabach and Yotzar has committed a transgression which would
forbid him to take part in a (halachically- designated) war.

The Laws Reciting and Answering Kaddish and Answering Amen after Blessings 63

A Chazzan who draws out the prayers in order to let the congregation
hear his pleasant-sounding voice if it is because he is sincerely
happy in giving thanks to G-d tunefully he is worthy of a special
blessing, as long as he prays with seriousness and stands in
reverence and awe but if it is just to show off his voice this is
contemptible. In any case those that draw out the prayers are not
behaving correctly as they are inconveniencing the congregation.
(Sh.Ar.53) The Maharshal writes that to extend the service too
much, even at the request of the congregation, is undesirable.
(Be'er Hetev (ibid.)

CHAPTER TWENTY-THREE
THE LAWS OF RECITING AND ANSWERING
KaMsh AND ANSWERING Amen AFTER BLESSINGS
is then recited, but only in the presence of at least ten
males who are free men (not slaves), over the age of thirteen
years (considered halachically as adults) who have at least two
pubic hairs. Similarly, Kedusha and Barechu are only recited in the
presence of at least ten. (Sh.Ar.55)

Kaddish

If one began reciting Kaddish or Kedusha in the presence of ten men

and then some went out, one may finish that Kaddish or that Kedusha,
as long as the majority (six) remain (ibid.). It is, however, a sin
to go out, and about such transgressors the verse states (Isaiah
1) 'those that abandon G d shall be wiped out.' However, if
there remain ten men then it is permissible to leave.

Chapter Twenty-Three

64

3)

If the Chazzan commenced Avot (the beginning of the repetition

of the Amida) in the presence of the required ten men and some
went out, he may finish even the Kedusha (Sh.Ar. ibid.). If the
congregation has commenced Yotzar and then some went out
they continue until the end of the quiet Amida, but the Chazzan may
not then begin the repetition as the Yotzar prayer is finished, nor
may they read the Torah scroll as that is also a separate part of
the service.
The Amida of Arvit (the evening service) and the Kaddish thereafter
are not connected to Shema and its blessings (Rema, ibid.) this
means that if Arvit was begun in the presence of ten men and some
left, those remaining finish the Recital of Shema with its blessings
and the Kaddish before the Amida, as this Kaddish is connected to
Shema and its blessings, but they do not recite the Kaddish after
Amida since the Amida is not connected to Shema with its blessings,
as the Arvit Amida (in its origins) is optional; and certainly the
order of Kedusha and Kaddish of Motzai (the termination of) Shabbat is
neither connected to Shema and its blessings.

4)

If one of the ten men present commenced the Amida alone and
cannot therefore answer Kaddish with the others, or if one of them
is sleeping, they are, nevertheless, considered part of the necessary
quorum. When one person is reciting the Amida alone it is proper
for the others to wait until he finishes in order to recite Kaddish so
that he may also be able to answer with them. (Sh.Ar.ibid.) The
later authorities were strict in the case of someone sleeping, that
he should be woken and bothered to a level that he is at least
drowsy. (Kesh.G.)

5)

A person who speaks but cannot hear or hears but cannot speak
is considered halachically fuUy sane, and is included in a Minyan.
However, a deaf mute has the same halachic status as an insane
person and a minor. (Sh.Ar.ibid.)

6)

A person who has transgressed a communal decree or has

committed a sin, if he has not been placed under a ban, may
be included in a Minyan. (ibid.)

The Laws Reciting and Answering Kaddish and Answering Amen after Blessings 65

7)

A person who has been placed under a ban may not be included in
any matter that required ten people; however, it is permitted to
pray in a synagogue while he is present, unless such a limitation
was specifically added to the ban. (ibid.)

8)

All ten must be in the same place; this includes the Chazzan.
Concerning someone who is standing in the doorway, if he is
standing under the inner part of the door frame (when the door
is closed this part is within the room) he is considered standing
in the room, beyond this point he is considered standing outside,
(ibid.)

9)

Someone standing at the back of the synagogue and is separated

by a window, which may even be several storeys high, from the
other congregants and shows them his face from there can be
counted as one of the Minyan. (ibid.)

10) The Chazzan on the Teva (the special platform on which he prays)
combines with nine others in the synagogue to make the Minyan.
This ruling applies even when the Teva is ten tefachim (80cm.) high
and four tefachim (32cm.) wide and has partitions ten tefachim high
(which in another location would make it considered separate
from the surrounding place) and even if these partitions reach the
ceiling, because it is an integral part of the synagogue, (ibid.)
11) If part of the ten are in the synagogue and the other part in the
ladies* section and there is a partition (as halachically indicated)
separating the two places, even though the ladies' section is
specifically for use with the synagogue, it is not an integral part
of it, and they do not combine to form a Minyan even when the
majority are in the synagogue. (Levush, ibid.) This should not be
confused with the previous law.
12) If ten are together in one place and are reciting Kaddish or
Kedusha even someone who is not with them may answer. Some
are of the opinion that this applies only if there is no filth between
those praying and the people who wish to answer, nor is there a

66

Chapter Twenty-Three

non-Jew present between them. (Sh.Ar.ibid.) (This is the accepted

ruling.)
13) Before Kaddish can be recited one must say words of Torah, such as
Yishtabach in the Morning Prayers, Ashrei in the Afternoon Prayers
and Rabbi Chananya (an Aggadic saying from the Talmud Makkot 23b)
or a Psalm after learning. Kaddish is not recited after supplications
of mercy.
(Kesh.GS) The Rema in Sh.Ar. chapter 54 writes similarly that one
does not recite Kaddish without having said verses beforehand.
14) In the same way that is is forbidden to pass in front of someone
who is praying Amida it is also forbidden to pass in front of
someone reciting Kaddish. (ibid.)
A drunkard who is unable to speak coherently before the King is
not counted as part of a Minyan. (ibid.)
In the same way that additional blessings should not be recited
unnecessarily, so additional Kaddishim should not be recited
unnecessarily, (ibid.)
If one is 'found' standing before the beginning of a Kaddish one
must remain standing; however if one is sitting, one does not
need to stand up. (ibid, quoting the Ari Zat)
One should not recite Kaddish together with the Chazzan, therefore
when the Chazzan is singing Kaddish one should not sing with him.
(ibid, quoting the Rosh)
15) The

writes in Sh.Ar. chapter 56 that the Sefer

recounts the custom of the Ari Zal to remain standing
for the Kaddishim which follow the Amida of Shacharit, Mincha and
Arvit as those are called the Kaddeshim at the beginning of which
one was found standing, q.v. and v. Magen Avraham.
Be'er Hetev

Hakavannot

16) The Chazzan walks back three steps at the end of Kaddish
then says Ossei Shalom. (Kesh.G. ibid.)

Titkabbal

and

17) One should answer Kaddish with full concentration, and with a
raised voice. One should make an effort to hear Kaddish. (Sh.Ar.56)

The Laws Reciting and Answering Kaddish and Answering Amen after Blessings

67

One should say Amen Yehei Shmeh Rabba Mevorach in one breadth.
(Kesh.G.).

18) When the Chazzan says 'Yitbarach the congregation answers Amen,
then again when he says 'Bench Hu and again when he says
'Ve'imru Amen.'' (ibid.) He should not pause between Bench Hu and
Le'eila Mikol Birchata. (Rema, ibid.) (It is not the accepted practice
nowadays to answer 'Amen after Yitbarach. K.Hach, 32)
9

19) Those who answer until Almei Almaya are mistaken for it is forbidden
to separate between Almaya and Yitbarach. (Sh.Ar. ibid.)
20) The Chazzan bows when he says 'Yitgadat, at 'Yehei Shmeh Rabbah,
at 'Yitbarach and again at 'Berich Hu and 'Amen . At the end of
Kaddish he walks back three steps and then says Ossei Shalom etc.
(ibid.)
9

21) One should be extremely careful to answer Amen and to do so

with concentration, as the punishment for those that despise
the answering of Amen and lose the chance of answering is
immeasurable. {Kesh.G.9)

22) One should not answer Amen as if the alef were punctuated with a
9

chataf (the vowel 'shva ); nor should one hasten to answer Amen before

the Chazzan has finished the relevant portion. (Sh.Ar. chap. 124 and
chap. 9) One should also not answer Amen with an inaudible
nun. (ibid.)

Kesh.G

23) One should not answer with an 'orphaned' Amen (Yetoma) This
means that when one has an obligation to hear a certain blessing
and the Chazzan did in fact say it, only one did not hear it
- even though one knows that the Chazzan just said it one may
not answer Amen: since the blessing was not heard, to answer
Amen is called an 'orphaned' Amen. (Sh.Ar.ibid.)
24) The Great Rabbi the Chida writes in his work Kesher Gudal quoting
the Bach as follows: One should not answer Amen if one has not

68

Chapter Twenty-Three

heard the blessing, even though one knows where the Chazzan is
holding; this applies even in the case of a blessing which one was
not personally obliged to hear to fulfill a duty. This prohibition,
however, only applies to a blessing which is said for the public
to fulfill a duty, but one may answer Amen after a blessing which
is not said for the public to fulfill a duty, such as the blessing
over the Torah or the blessing recited before eating or other
physical benefit (Birkat Hanehenin). (Kesh. G. ch. 9)
25) If while someone is praying Amida the Chazzan finishes reciting a
blessing, and before the majority of the congregation has finished
saying Amen (to that blessing) he finishes his Amida he answers
Amen with them as this is not considered an 'orphaned' Amen.
(Sh.Ar.124)
26) A person should not answer Amen in a louder tone of voice than
that of the person who recited the blessing, (ibid.)
27) One should not say Amen too quickly nor should one extend it too
much, (ibid.)
28) In blessings of praise (Birkat Hashevach) such as Baruch She'amar,
Yishtabach and the first three blessings of the Amida, etc. the
meaning of Amen is that this is true, and so shall it be. (Kesh.G.9)
29)

If someone was in a situation which required answering Amen

to two things,

he should say Amen Ve'amen. (ibid.)

30) One may not interrupt between Amida and YehiRatzon, but between
Yehi Ratzon and Elokai Netzor one does interrupt to say Kaddish,
Kedusha, Barechu and Amen even to other blessings, (ibid.)
In a case when someone should answer Amen, Yehei Shmeh Rabbah,
Modim and Kedusha, but by answering one he will not be able to
answer the others, then Amen, Yehei Shmeh Rabba takes precedence.
However, if he has already commenced reciting Kedusha then he
does not interrupt to say Amen, Yehei Shmeh Rabba. (ibid.)

The Laws Reciting and Answering Kaddish and Answering Amen after Blessings 69

31) When two or three people say Kaddish together and one of them
precedes the other(s) one should answer Amen after the first and
that counts for all of them. However if there is a pause before
the end of the next one, one should answer Amen after each one.
(ibid.)
32) When a Chazzan has finished the blessing Magen Avraham (the first
of the Amida) and then he immediately begins Atta Gibor without
any pause one should not answer Amen. The punishment for not
saying the Amen rests on the shoulders of the Chazzan. (ibid.)
33) One should not answer Amen quickly but one should extend it a
little to the time it takes to say (K)ElMelech Ne'eman (the initials of
which make up Amen*), however one should not extend it too much
as then the correct sound of the word is not heard. (Sh.Ar. 124)
1

34) To every blessing that a person hears, wherever he may be holding,

he should respond Baruch Hu Uvaruch Shemoh. The Be'er Hetev quoting
Magen Avraham writes that obviously if one is holding at a point at
which one may not interrupt it is forbidden to make this response,
(ibid.)
35) One must answer Amen after every blessing, regardless of whether
one has already fulfilled one's duty concerning this prayer or one
has not yet fulfilled one's duty (and one wishes to be exempted
with the blessing). The Amen must be answered with concentration
on the meaning that the blessing is true and I believe in it.
(ibid.)
36) One may not speak about profane matters while the Chazzan is
repeating the Amida. One who converses then is considered a
sinner and his sin is hard to bear - he should be admonished,
(ibid.) One should teach one's small children to answer Amen, for
as soon as a small child answers Amen he has a portion in Olam
Habah (the World to come), (ibid.)

Chapter Twenty-Three

AL HASHULCHAN
If there are exactly ten men present and one of them is praying
Amida and is therefore unable to answer Kaddish with the others,
nevertheless he counts as part of the necessary quorum. The
same ruling applies when there are even two, three or four of
them praying Amida, that as long as there remains a majority
who answer Kaddish and Amen, Kaddish may be recited, for when
ten are present the Divine Presence (Shechina) rests upon them
and they can recite 'Matters of Holiness' (which includes Kaddish,
Barechu and Kedusha), whereas for the Repetition of the Amida (at
least) nine people are required to actually answer. (B.l.Ch. Vahechi
5)

After learning Written Torah, i.e. verses of Tanach (Bible),

Kaddish with Yehei Shlama is recited, and after learning Oral Torah,
i.e. Mishnayot, Talmud, etc., the Kaddish with Al Yisrael is recited. If,
after learning Written Torah and reciting Kaddish, one learnt Oral
Torah one may again recite Kaddish and this is not considered as
reciting too many Kaddishim unnecessarily, (ibid.9)
According to the teachings of the Ari Zal the Kaddishim before
Hodu and before Yotzar and after Amida before Ashrei, before Tefilla
LeDavid and before Pittum Haketoret are obligatory and a minor (a
boy under the age of Bar Mitzva) may not recite them alone,
but an adult (i.e. over Bar Mitzva) must say them in order to
permit the congregation to fulfill their obligation. However,
the Kaddish before Aleinu Leshabeach which is called the Orphan's
Kaddish was instituted to be recited by orphans and is not for
the higher spiritual worlds, but it is in the 'World of Deed'
(Olam He'assiya) as there is a spiritual benefit for the departed if
his son recites the Kaddish during the twelve months following
the death and every year on the anniversary of the death
(known as the Yahrzeit). One benefit is to save the soul from
the Judgement of Gehinom, and another is to bring it into Gan
Eden ('paradise') and to elevate it to increasingly higher levels.

The Laws Reciting and Answering Kaddish and Answering Amen after Blessings 71

It was also the custom of the Ari Zal to say this Kaddish every
year on the anniversary of his father's death, (ibid. 12)
The custom is that during the first year following the death
is recited until the end of the eleventh month, then
there is a break of one week, after which Kaddish is continued
until the end of the year. The reason for the break is that it
should not be said about the departed that he was wicked,
as the judgement of the wicked in Gehinom lasts a full twelve
months. The break only applies to Kaddishim during prayers,
but Kaddish after learning can be recited, (ibid. 14)

Kaddish

The custom is that when the anniversary of the death falls in the
middle of the week the orphans commence reciting Kaddish from
the Arvit of the previous Shabbat until the end of Mincha of the
'Yahrzeit.' If the Yahrzeit falls on Shabbat they begin from the
Arvit of the previous Shabbat and recite Kaddish the whole week
until the end of the second Shabbat. (ibid.)
It is an accepted custom if a person dies without leaving
offspring or his son is small that someone is hired to say
Kaddish for him. The hired person should make a declaration
before prayers that 'all the Kaddishim that I shall recite today
are for the benefit of the soul of mention the Hebrew name
of the departed.' (KHach 55:30) It is also commendable for the
person who says Kaddish to recite the following supplication at
the end of every day: 'May it be Your will Hashem our G-d
and the G-d of our Fathers to have pity, compassion and
to be merciful with Your abundant mercy and kindness on
the Nefesh, Ruach, Neshama (three aspects of the soul) of mention
the name of the departed, who is the son or daughter of
mention the name of his or her father, and on account of
the Kaddishim which I , Your servant, have recited tody may
all the accusers and prosecutors be wiped out and may there
arise advocates to plead the good cause of his or her Nefesh,
Ruach, Neshama and may peace accompany him or her that he or
she may lie in a peaceful, calm and secure rest. May You

Chapter Twenty-Three

let the attribute of mercy overpower the attribute of strict

justice and the difficult sufferings be made pleasant through
Your superior light (Pele Elyion) which is great kindness and
complete mercies. May my words and intentions be acceptable
to You, Hashem, my Rock and my Saviour.' (B.l.Ch. Vayechi) One
may recite Kaddish for two departed people and in that case
one should mention both their names in the supplication. (K.
Hach 55:29)

When one hears the Name of G-d mentioned in a blessing

one should say Baruch Hu Uvaruch Shemoh and at the end of the
blessing one should make sure to answer Amen properly. For
every blessing which is of praise one should have in mind the
meaning of Amen to be: This is true,' and when the blessing
is a request the intention one should have is: 'so shall it be';
if there is both praise and request both intentions should come
to mind: 'This is true and so shall it be.' (B.l.Ch. Teruma 11)
One must be very careful not to switch round the intentions
so that, G - d forbid, no heresy is suggested. (Od Yossef Chai,
Vahechi 16)

When answering Amen to Kaddish on the first Amen one should

have in mind the meaning 'This is true;' on the second and
third Amen the meaning 'so shall it be;' on the fourth (after
DeKidusha Berich Hu) and the fifth (after De'amiran Be'alma) one
should have in mind 'this is true,' and for the subsequent
Amens, Al Yisrael, Titkabel and Yehei Shelama the intention should be
'so shall it be.' (O.Y.Ch. ibid.)
The Talmud in tractate Shabbat (Folio 119) states that eveyone
who answers; 'Amen, Yehei Shmeh Rabbah' with all his might
merits that the judgement against him of seventy years are
annulled. By 'all his might' is meant with all his concentration,
and also that he should raise his voice a little, however not
above that of the person reciting Kaddish, in the same way as
one may not answer Amen more loudly than the person reciting
a blessing. (B.l.Ch. Vahechi 11) Someone who misses saying 'Yehei

The Laws of the Blessings of Shema; and if its Recital is Required to be

with Intention to Fulfill the Mitzva

73

Shmeh Rabbah' even once is expelled for forty days from G-d s 'precinct: (Bet
Simcha

p. 81 quoting

Sefer Zechira

who quotes the

Ari Zal.)

CHAPTER TWENTY-FOUR
THE LAWS OF THE BLESSINGS OF shema; AND IF ITS
RECITAL IS REQUIRED TO BE WITH INTENTION
TO FULFILL THE Mitzva
1)

If a person prays alone he should take care to recite the Kedusha of

Yotzer (between Barechu and Shema) according to the notes and with
the tune as if he were reading from the Torah. (Sh.Ar.59)

2)

The Kedusha of Yotzer should specifically be recited when seated.

It is a mistake to stand up, and if someone was standing until
then he should sit down. (Ksh.G ch. 10 quoting the Ari Zal)

3)

When one says 'maher vehavei aleimi (speedily bring upon us) just
before the Shema one should take hold of one's four zizit between
the third and the little fingers of the left hand against one's heart.
When one says 'vekeravtanu Malkeimi (bring us close, our King)
one should have in mind the gathering at Mount Sinai in order
to receive the Torah; 'Leshimcha Hagadof (to Your Great Name)
reminds one to wipe out the remembrance of Amalek; 'be'ahava
lehodot Lecha* (with love, to thank You) reminds one of the episode
of Miriam - that the mouth was created to praise G-d and to
express His Oneness, and not to speak Lashon Hara (gossip and
other types of derogatory or pointless talk about others) and
other forbidden or unnecessary talk. (ibid, quoting the Ari Zal)

74

Chapter Twenty-Four

4)

If a Kohen is reciting the Shema and its blessings and he is called to

the reading of the Sefer Torah, even if there is no other Kohen present,
he should not go up. However if he is called while reciting Pesukei
Dezimra he should go up. (ibid.)

5)

If someone recited Shema without its blessings he has fulfilled

the obligation of reciting the Shema and he should subsequently
say these blessings without having to repeat Shema. It is correct,
nevertheless, to repeat the Shema together with its blessings.
(Sh.Ar.60)

6)

Some authorities hold that Mitzvot do not have as a prerequisite

the intention to fulfill them, but others hold that one must have in
mind the intention to fulfill each Mitzva. The Halacha is according
to the second opinion, (ibid.) This ruling applies to Mitzvot which
are ordained by the Torah (this includes the Recital of Shema), but
for Mitzvot which are ordained by Rabbinical Ruling (Derabanan)
this intention is not obligatory. (B.Het. quoting the Radvaz, ibid.)

AL HASHULCHAN
1)

2)

When one commences the blessing Yotzer Ohr one should touch
only the tefillin shel yad for the prayer 'Yotzer is situated in the
Olam Habriya (the Kabbalistic world of active forces) and tefillin
shel yad is also in the Olam Habriya, and one should not follow
the custom of the ignorant who touch also the tefillin shel rosh.
When one recites the Kedusha of Yotzer one should again only
kiss the tefillin shel yad. (B.l.Ch. Shemot 1)
In the blessings of Shema one may interrupt to answer Kaddish and
both the Barechu before reading the Torah and the
Barechu following Kaddish and in Kedusha the verse 'Kadosh, etc/
and the verse 'Baruch, etc.', also the three words 'Modim Anachnu
Lach* (and no more). The first five Amen's of Kaddish may be
answered but the remaining Amen's of Titkabel, Al Yisrael and Yehei
Barechu

The Correct Time for Reciting Shema and Details of how and with what
Concentration it is Recited

Shelama Rabba

75

should not be said, nor the Amen to blessings, (ibid.

6)
3)

Since one must have in mind the intention to fulfill Mitzvot (as
explained above), the custom has become widespread to say
Leshem Yichud Kudsha Brich Hu, etc.' before performing a Mitzva or
praying. However, one must take great care to say the 'Leshem
Yichudt with deep concentration for it expresses the unity of
the revered and wondrous Name of G-d, and one should not
become accustomed to say it, G-d forbid, by rote without
thought and understanding. (K. Hack 11)
1

CHAPTER TWENTY-FIVE
THE CORRECT TIME FOR RECITING shema AND
DETAILS OF HOW AND WITH WHAT
CONCENTRATION IT IS RECITED
1)

The correct time for reciting the Shema in the morning is from the
time someone can see a person whom he meets occasionally at a
distance of four amot and recognize him, and continues until the
end of three seasonal hours, which is a quarter of daylight hours
and is reckoned from daybreak. The best way of accomplishing this
Mitzva is to recite it just before sunrise in order to finish Shema and
its blessings at the moment of sunrise followed immediately by
the Amida. One who is able to coordinate this in practice receives
considerable reward. (Sh.Ar.58)

2)

If one did not recite Shema before sunrise one should recite it as
soon as possible, (ibid.)

76

Chapter Twenty-Five

3)

Someone who is limited by force of circumstances, such as if

he has to arise early in order to go on a journey and those
participating in the caravan-group move quickly and are not
willing to wait for him during the journey and he will not be
able to stop and concentrate even for one portion of the Shema,
may recite Shema with its blessings from daybreak onwards. This
is considered to be within the Torah requirement of 'Uvekumecha
(when you arise) and also included in the meaning of 'Yotzer Oh/
(who created light). However if the participants in the caravangroup are not in such a hurry, even when it starts out after
daybreak, one may not recite Shema before its correct time, (ibid.)

4)

If by force of circumstances one did not recite the evening

Shema before daybreak, one should recite the Shema before sunrise
and thereby one has fulfilled one's obligation of reciting the
evening Shema. However if one was pressed to leave on a journey
at that time, one should not recite Shema again to fulfill the
obligation of the morning Shema since one has already made
that time part of the night, one cannot then make it part of the
day. (ibid.)

5)

Even though its correct time is until the end of the third hour,
however if the third hour has passed and one has not yet recited the
Shema one may still recite it with its blessings for the entire fourth
hour, that is until a third of the day, but one does not receive
reward as one who recited Shema in its proper time. If the fourth
hour has passed and one has not yet recited the Shema, one may
still recite it, but without its blessings, for the whole day. (ibid.)

6)

If the whole day went by and one did not recite Shema, according
to certain authorities one can compensate at night, and similarly
if one did not recite Shema at night one can compensate by day.
Other authorities disagree, (ibid.)

7)

If a person recited Shema without concentrating on the meaning

of the first verse which is 'Shema Yisrael etc' he has not fulfilled
his obligation. However as far as the rest is concerned if he did

The Correct Time for Reciting Shema and Details of how and with what
Concentration it is Recited

77

not concentrate on its meaning, even if he recited it while reading

from the Torah or while checking these portions at the correct time
for reciting Shema he has fulfilled his obligation, as long as he
concentrated on the first verse, (ibid.) Even though the Shulchan
Aruch ruled that Mitzvot have as a prerequisite the intention to
fulfill them, however to concentrate on the meaning of what one
is saying is only an obligation in the case of the first verse of the
Shema. (B. Het ibid.)

8)

One should recite the Shema with full concentration, with fear,
with reverence, with awe and with sweat. 'Asher Anochi Mezavecha
HayonC (which I command you today) teaches us that each day
we should consider it (the Shema) as if it was new and not as
something that one has heard many times that one no longer
cherishes. (Sh.Ar.61)

9)

In the Shema there are 245 words and in order to reach 248
to correspond to the number of organs in a man's body the
Chazzan repeats 'Hashem Elokeichem Emmet' (ibid.) A person who
recites Shema on his own may repeat 'Hashem Elokeichem Emmet.
(Darkei Moshe, ibid.)

10) It is customary to recite the first verse loudly to stimulate

concentration, and also to place the hand over the eyes in order
to prevent one from looking at something that might disturb one's
concentration, (ibid.)
11) If one recited the first verse without concentration and therefore
wishes to repeat it, one should first wait a bit or else recite it
quietly. If one did not concentrate when reciting the verse 'Baruch
Shem Kevod Makhuto, etc' one must repeat it. (Kesh. G. 11)
12) One should lengthen the reading of the letter 'dale{ of the word
'Echatf in order to acknowledge that G-d is King over heaven
and earth and in all four directions, which is indicated by the
chatoteret (the 'hump') in the middle of the 'chef (as written in a
Sefer Torah, Mezuza or Tefillin). One should lengthen the reading of

78

Chapter Twenty-Five

the 'dale{ oiEchad for as long as it takes to think that G-d is unique
in His world and rules over the four corners of the
world, but should not extend it longer than that. (Sh.Ar. 61)
13) One should hear what one says. Nevertheless a person has fulfilled
his obligation even if he did not hear, as long as he spoke out the
words. If on account of illness or other force of circumstances he
read the Shema without speaking it out he has still fulfilled his
obligation. (Sh.Ar.62)
14) The Shema may be recited walking or standing or lying down or
riding on an animal or seated but not Prakdan, which means a
person is lying comletely on his front with his face downwards or
lying on his back with his face upwards, but he may recite it lying
on his side. In the case of a very heavy-set or ill person who is
unable to turn completely on his side, he should turn slightly on
his side and recite it in this position. (Sh.Ar.63)
15) Someone who is walking and wishes to recite Shema should stop for
the first verse as the principal concentration is required for the first
verse; therefore if he recited the first verse without concentration
he must repeat it (this means quietly or after waiting a little
as we wrote in para. 11 in this chapter). Even the opinion who
holds that Mitzvot do not have as a prerequisite the intention to
fulfill them agrees with this ruling, (ibid.)
16) If one is busy working and wishes to recite Shema one must stop (at
least) until one has recited the first portion (i.e. until...uvishe'arecha)
in order not to appear lax in this Mitzva. (ibid.)
17) Someone who has already recited Shema and enters a synagogue
where the congregation is in process of reciting Shema should recite
the first verse with them so as not to give the impression that he
does not wish to accept upon himself the yoke of the Heavenly
Kingdom together with his fellow-Jews. The same ruling applies
if he is in the synagogue and is reciting supplications or verses
at point where it is permissible to interrupt; but if he is reciting

The Correct Time for Reciting Shema and Details of how and with what
Concentration it is Recited

79

prayers which may not be interrupted, as is the case from Baruch

She'amar and onwards, he should not interrupt, however he should
say the words that he is in process of saying at the moment the
congregation is reciting the first verse of Shema in the same tune
as the congregation so that he gives the appearance of reciting it
with them (Sh.Ar.65); according to our custom of placing the hand
over the eyes while saying the first verse of Shema it is, in my
opinion, sufficient in this case to place his hand over his eyes.
18) If one has already recited Shema and enters a synagogue where the
congregation is in process of reciting Shema it is commendable to
recite the whole Shema with them and one will receive reward as
someone reading Torah. (Sh.Ar.ibid.)
19) If one has forgotten to put on tallit and tefillin one may interrupt
between paragraphs (i.e. after the first and the second blessings
of Shema and after the first and the second paragraphs of Shema.
Sh.Ar.) to put them on and recite their respective blessings.
(Sh.Ar.66)
20) The Beer Hetev writes in Sh.Ar. chapter 53 that someone who
goes out to relieve himself during Pesukei Dezimra when he returns
he should wash his hands and recite the blessing (asher yatzar)
and put on tallit and tefillin and recite their respective blessings
(Ginat Veradim Section Orach Chaim KM 1, chapter 51). The Ginat
Veradim in the same chapter brings a proof for this ruling from
the statement of the Talmud Brachot (24B): 'If someone is in
course of praying Amida and wishes to pass air he should walk
back four amot and then pass air and he should wait there until
the odor has gone and then return to his place and say: Master
of the universe, You have created me with several holes, etc'
Rashi (Rabbi Shlomo Yitzchaki, the great commentator of the
Bible and Talmud) explains that he may say this even in the
middle of Amida, since the Amida has already been interrupted
by the smell. We can deduce from this that if someone is reciting
Zemirot or is holding between Pesukei Dezimra and Yishtabach he may

certainly interrupt for the above purpose once he has already been

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Chapter Twenty-Five

interrupted by relieving himself. - Thus far the opinion of the Ginat

Veradim. (From the deduction which the above-mentioned Rabbi
made it would seem, in my humble opinion, that one can further
deduce that even if someone had to relieve himself in the middle
of Shema and its blessings he may also say the blessing asher
yatzar, put on tallit and tefillin and recite their respective blessings,
for they are not more stringent than Amida, which may not be
interrupted even for Kaddish, Kedusha or Barechu and nevertheless
may be interrupted after passing air.
21) In order to answer Kaddish, Kedusha or Barechu one may interrupt
(when permitted) even in the middle of a verse; the same applies
to Modim, but one should only answer the word 'Modim'. (Sh.Ar.66)
22) The

writes 'only Modim' means the words 'Modim

means 'Baruch Hashem Hamevorach Le'olam
Va'ect; 'Amen, Yehei Shmeh Rabba' (of Kaddish) includes until 'Almaya
Yitbarach' then one remains silent until 'Shmeh De'Kedusha Brich Hu'
and then one answers Amen. (Some authorities hold that one says
'Amen Yehei Shmeh Rabba' until 'Bealma'.) For the Amen of 'Titkabet
and onwards one should not interrupt, for these verses are only
(for this purpose) custom. (Al Hashulchan': It would seem that the
same ruling applies for the answering of Amen to Yehei Shlama and
onwards and to Al Yisrael and onwards). For Kedusha one should
only interrupt to say the verses beginning 'Kadosh' and 'Baruch' but
Magen Avraham

Anachnu Lach';

'Barechu'

not to say 'Yimloch.'

23) If onefinishesShema before the Chazzan and joins Hashem Elokeichem to

Emmet and then waits for the Chazzan in order to continue with him,
one does not subsequently need to repeat Emmet. (Sh.Ar.66)
24) A Kohen who is called to the Reading of the Torah while he is
reciting Shema should not interrupt (ibid.); however if he is reciting
Pesukei Dezimra he does interrupt. (A Het. ibid.)
25) One should mention the Redemption (Geula) immediately before
the Amida and may not interrupt after reciting the blessing 'Ge'al

Obligation to Avoid Uncovered Hair and Voice of Women while Reciting Shema 81

Yisraet. However, if by force of circumstances one has not yet

put on tefillin and one managed to obtain them at this juncture,
one may put them on, but the blessing is only recited after finishing
Amida. A tallit, however, may not be put on at this juncture. If
before one has said Ge'al Yisrael one obtains tallit and tefillin one
puts them on then but does not recite the respective blessings
until after Amida. (Sh.Ar.ibid.)

26) One may not answer Kaddish, Kedusha and Barechu between the
mention of Redemption and Amida. In order to be able to answer
one should wait at Shira Chadasha. (ibid.)

CHAPTER TWENTY-SIX
THE OBLIGATION TO AVOID THE UNCOVERED
HAIR AND THE VOICE OF WOMEN WHILE
RECITING shema AND THE PROHIBITION OF
RECITING IT IN FRONT OF UNCOVERED PARTS
OF THE BODY, EXCREMENT AND URINE
1)

It is forbidden to recite Shema within four amot of a dead person

or in a cemetery. Someone who recited Shema in such places has
not fulfilled his duty. (Sh.Ar.71)

2)

If one of a person's limbs is touching genitalia he may not recite

the Shema or the Amida. The thighs on which the genitalia rest
must be separated by means of a garment or be kept at a distance
so that the organ does not touch them. (ibid. 74)

Chapter Twenty-Six

It is forbidden to recite Shema in front of a woman - even one's

own wife - if she is uncovered a tefach (eight centimeters) on a
part of the body which is usually covered, (ibid. 75)
It is forbidden to recite Shema in front of a woman even one's
own wife whose hair is uncovered; this excludes as yet unmarried
women, who do not normally cover their hair, (ibid.)
One must avoid hearing the singing voice of a woman while one is
reciting the Shema; even one's own wife is included in this ruling,
but a normal voice which he is used to hearing is not considered
an impropriety, (ibid.) From Sh.Ar. section Even Ha'ezer chapter 21
it is apparent that the singing voice of another married woman
may not be heard at any time. (B. Het. ibid.)
It is forbidden to recite Shema in front of genitalia or uncovered
parts of a woman's body which are obliged to be covered, even
when they are covered with transparent material if they are
visible to him, as the verse says 'and He shall not see in you any
improprietous matter' (Deut. 23) and here it is visible. However,
if it is in front of him and he turns his back on it, or he closes
his eyes, or it is at night, or he is blind, then he may recite
the Shema as the Torah made this prohibition dependent on seeing
and in these cases he does not see it. (Sh.Ar.ibid.)
One may recite Shema in front of excrement which is covered in
a transparent receptacle even if it visible through the sides, as
the Torah made the prohibition dependent on whether or not there
is a covering as the verse says, 'you shall cover your excrement'
(Deut. ibid.) and here it is covered, (ibid. 76)
If excrement is lying in a hole one may place even the shoe one is
wearing over it in order to recite Shema as thereby it is considered
to be covered, as long as the shoe is not touching it. (ibid.)
If someone has excrement on his body even if it is covered by
his clothes he is forbidden to recite Shema (ibid.); the same ruling

Obligation to Avoid Uncovered Hair and Voice of Women while Reciting Shema 83

applies to sperm on the body as to excrement. (Rema, ibid.)

One may not recite Shema in front of urine, but if a revi'it (86 gr.)
of water has been poured into it one may. In this respect there
is no difference if the urine is on the ground or in a container,
as long as it is not in a pot which was made for this use;
and there is no difference if the urine was in the container first
and the water was poured into it or if the water was there first.
A revi'it suffices to annul the urine of one time, twice requiring
two revi'it, three times requires three revi'it, and so on. (ibid. 77)
One may not recite Shema in front of a bedpan or chamberpot
made of earthenware or wood even after water has been poured
into them and even if they have been turned upside-down, but if
they are made of metal, glass or glazed earthenware one may, if
they have been well washed out. (ibid. 87)
If human excrement, a bedpan or a chamberpot is lying behind
someone he must distance himself four amot from where their
smell stops in order to recite Shema; this applies even to someone
who is unable to smell due to an illness he must distance himself
four amot from where the smell for those who can discern smell
stops. If the human excrement, etc. is lying in front of him he
must distance himself so that it is no longer visible to him; this
applies equally in cases when he is unable to see such as at
night or a blind person, when he must distance himself so that it
would not be visible to him by day or to a seeing person. And
if the excrement, etc. is to his side the same ruling applies as
if it were behind him. (ibid. 79)
The excrement of dogs and pigs have the same ruling as that
of other animals and birds, namely that one does not have to
distance oneself from them in order to recite the Shema. However,
this applies only if they do not give off a bad smell, but if they
give off a bad smell they have the same ruling as for human
excrement, (ibid.)

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Chapter Twenty-Six

14) The fresh excrement of an ass after it has been on a journey, the
excrement of cat and a stenchy carcass have the same ruling as
for human excrement, (ibid.)
15) The excrement of domestic hens has the same ruling as for the
excrement of animals and birds, but their roost gives off a stench
and to it applies the ruling of human excrement.
It is forbidden to recite Shema in front of garbage which has a bad
smell, (ibid.)
16) If someone gave out an odor by passing air he may not study
Torah until the odor has disappeared. However if the odor came
from another person who passed air he may study Torah, but to
recite Shema is forbidden until the odor has disappeared, (ibid.)
17) Someone who knows that he cannot prevent himself from passing
air before finishing Shema and Amida should rather let the correct
time for reciting Shema (v. chap. 25,1) and Amida (v. chap. 27,1)
pass without praying than pray with an unclean body. If he thus
misses the time for the morning Amida he is considered prevented
by force of circumstances and prays the afternoon Amida twice.
If he feels that he can hold himself from passing air for the
duration of the Shema he should put on tefillin between Ahava-t
Olam and Shema (ibid. 80) and recite the blessing. (Rema, ibid.)
18) It is forbidden to recite Shema in front of urine which has become
absorbed in the ground if it is still able to moisten the hand.
(Sh.Ar. 82)

AL HASHULCHAN
1)

The Torah says (Deut. 23:): 'for the Divine Presence moves in
the midst of your camp etc., and your camp shall be holy and
He shall not see in you any improprietous matter'. Our Sages
taught according to the oral tradition that from this verse we
learn a positive commandment that in any place where the

Obligation to Avoid Uncovered Hair and Voice of Women while Reciting Shema 85

Divine Presence moves with us, which is when we are occupied

with reciting Shema and Amida or studying Torah, our camp should
be holy which means that no uncovered excrement should be
present, nor should any improprietous thing be in front of a
person when he is studying Torah, reciting a blessing or praying,
as a person's main 'camp' is in front of him and this camp
must be holy. This ruling is a Torah law and the Sages added
that the places where the Divine Presence rests in our midst,
i.e. the head where the brain is located and where a person's
thoughts lie and the heart where his devotion is, should also
not 'see' the private part of his body when he is learning or
praying and there should be a separation between this part and
his head and his heart. If, therefore, he is not wearing trousers
or a belt his heart will see his private part and it is forbidden
for him to learn or pray. Some authorities hold that this ruling
applies also to women.
Even if some garment divides between his heart and his private
part if this part is uncovered he may not learn or pray for it must
be covered from the eyes of others since the verse does no
say 'you shall not see' but 'He shall not see'. It follows that
someone standing naked in a house who sticks his head out of
the window so as not to see his private part, even if he covers his
heart with a garment, may not learn or pray, as his private part
remains uncovered in the house. If, however, a naked person
who is sitting under a canopy which is lower than ten tefachim (80
cms.) and sticks his head out of the canopy and also covers his
heart with a garment, even though his private part remains
uncovered under the canopy it is considered to be covered as
the canopy is lower than ten tefachim and is not comparable to
house which is a separate domain in which if the private part
is visible it is forbidden to recite Shema and Amida, etc. (B.l.Ch.,
Bo, 1)
Water, even if it is clear, is considered a covering for the
private part as long as one sticks one's head and one's heart
out of the water so that the heart and the private part are
not under the same covering; if the heart is in the water it

86

Chapter Twenty-Six

is forbidden to learn or pray because the heart sees the private

part. However, if the water is muddy to the extent that one's
limbs are not visible in it, it is permitted as this is considered
a division between the heart and the private part and one can
recite Shema and blessings etc. in such water. If one covers one's
heart with one's hand it is not considered a covering as the heart
and the hand are considered part of the same body; thus, if
someone's head is uncovered in which case he may not recite
a blessing, it will not help to cover his head with his hands.
Nevertheless, although the hands are not considered a covering
they are considered a separation, therefore if one clasps one's
arms around one's body it is considered a separation between
one's heart and the private part. (ibid. 2)
3)

If the private part is visible to other parts of the body it is

permissible to recite Shema, however they may not touch it. If,
however, the bladder touches the thighs this does not prevent
reciting Shema, even though it is forbidden to recite Shema in
front of an uncovered bladder according to the verse 'He shall
not see in you any improprietous matter', (ibid. 3)

4)

Someone who is only wearing trousers whereby the lower part

of his body is covered and there is a separation between his
heart and the private part but the upper part of his body is
uncovered as he is not wearing any shirt may recite Shema,
but may not pray Amida as for that one must consider oneself
as standing before the King which must be done with awe and
fear. (ibid. 4)

5)

It is forbidden to recite Shema in front of the genitalia of another

person. This is a Torah prohibition. However in front of an
animal's genitalia it is permitted to recite Shema, but in front of
a gentile's it is forbidden. Some authorities forbid the recital of
Shema in front of a minor's genitalia even if he is only one
day old, the only time this being permitted is at the time of
the circumcision. Even though other authorities permit this,
one should be stringent and follow the first opinion not to

Obligation to Avoid Uncovered Hair and Voice of Women while Reciting Shema 87

recite Shema even before the private part of a day-old minor,

(ibid. 5)
6)

It is permitted to think Torah thoughts while one is naked and

even in front of another person's genitalia since the Torah says,
'Ervat Davar - speaking ('dibbur\ from the same root as davar) is
forbidden, but thinking is permitted. It is, however, forbidden
to hear from someone else a blessing that one needs to hear
to fulfill an obligation, for how can one make use of the rule
that hearing is like answering when one is naked and therefore
unable to answer?
Therefore those who go to immerse themselves in a Mikveh and
wish to think certain devotions at the time of immersion may do
so, as long as they do not speak out any verse of Torah thought
since they are naked. To say viduy (confession) in a naked state
is, however, permitted in the Mikveh, even though the water is
clear and the heart is in the water, being together with the
private part under the same covering, (ibid. 7)

7)

Some authorities hold that the ruling concerning a tefach of

a woman when uncovered being considered an improprietous
matter aplies only to one's wife, whereas in the case of other
women even less than a tefach uncovered of a place where they
normally cover themselves is considered improprietous. One
should follow this opinion. One should be strict to include
small girls in the ruling concerning an uncovered tefach which
is usually covered; and even though gentile women are used to
bare their arms even if they are always bared one should
not recite Shema in front of them. (ibid. 8) One may recite
Shema in the presence of a woman wearing a wig. (Rema chap.
75:2 and v. K . H . ibid.)

8)

Certain authorities also forbid a woman to recite Shema or

in front of any other woman who is naked. However this
prohibition does not apply when a woman is in the presence of
another who has a tefach uncovered which is usually covered in
the presence of men. (ibid. 9)

Amida

Chapter Twenty-Six

It is forbidden by
a stenchy carcass
smell because it is
and bad- smelling
oneself from them
(ibid. 18)

the Torah to recite Shema in the presence of

or any other object which gives off a bad
decaying, and likewise malodorous garbage
water in the streets, and one must distance
in the same way as from human excrement,

If, while one is reciting a blessing or Shema, one feels that one's
underpants have become dirtied with urine one may continue,
even if they are definitely moist, as they are covered by another
garment, (ibid. 21)
It is forbidden to recite Shema or any other holy matter (which
includes studying Torah and prayers, etc.) in any place about
which there is a doubt if excrement is present until one has
inspected it. If one is unable to check the place because it is
night or for another reason it is forbidden to recite Shema there
as it is a doubt concerning a Torah law about which we are
always stringent. This ruling applies to any excrement about
which there is a Torah prohibition, but in case of a doubt
concerning the presence of urine it is permitted to recite Shema,
etc. since only at the time of urinating is it a Torah prohibition.
If, therefore, one has liquid in a container and does not know
whether it is water or urine and one is unable to examine or
remove it, one may recite Shema in this place as this is a doubt
concerning a Rabbinical law (about which we are lenient).
If someone finds excrement and does not know if it is human
or canine, we consider what is more likely to be found in this
place: if children are more common than dogs then we suppose
it is from children and therefore one may not recite Shema, etc.
there, anf if dogs are more common than children we suppose
it comes from dogs. (ibid. 22)
If someone recited Shema or Amida in a place about which there
was no reason to suspect that excrement was present, and
afterwards excrement was found, he does not have to repeat
Amida, but he should recite Shema again without its blessings.

Obligation to A v o i d Uncovered Hair and Voice of Women while Reciting Shema 89

However if Shema or Amida was recited in a place about which

there was reason to suspect the presence of excrement and
one did not inspect the place before-hand and afterwards one
finds excrement there, Amida must also be repeated; concerning
such behavior the verse (Proverbs 21:27) states, 'the sacrifices
of the wicked are an abomination', and all the more so if one
prayed there on purpose, (ibid. 22)
If someone recited Shema or Amida in a place about which there
was reason to suspect the presence of urine, and afterwards he
found urine there, he does not have to recite either again, since
this prohibition is a Rabbinical ordinance. Great care should
be taken to avoid such situations in one's rooms and yards,
wherever it is usual for small children to soil. (ibid. 22)
When discussing Torah thoughts with someone in the street one
must pay attention to see that the place is clean and the same
applies to any place where one stops to recite Shema or Amida,
as the Ari Zal stated explicitly that speaking words of Torah in
unclean places causes spiritual desecration, (ibid. 22)
A small child who can eat a kezayit (27 grams) of cereal within
the time of kdei achilat perass (4 minutes), even though he can only
eat the cereal after it has been cooked, for example porridge
and similar foods, his intestines give off an unpleasant smell
and one must distance oneself from his excrement in the same
way as from an adult's. This is according to the strict letter
of the law; however it is certainly preferable to distance oneself
even from the excrement of a new-born baby, and this is the
accepted practice, (ibid. 23)
It is forbidden to recite Shema even in front of dry excrement
which does not give off a smell, but if it so dry that if it
is rolled over it falls apart it is considered as dust and one
may recite Shema in its presence; however, if it does not fall
to bits when rolled over only it breaks in two, that is not
sufficient to permit the recital of Shema in its presence, (ibid.
24)

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Chapter Twenty-Six

17) It is permitted to recite Shema towards a lavatory which is

surrounded by walls and has a door and in it there is a
hole for the dirt to slide down and fall to the bottom of the
slope, even if people urinate on the lavatory floor, if the door
is closed. One should make sure that children do not relieve
themselves on the lavatory floor so that it should not become
entirely like a chamberpot, for in that event even if the door
were closed it would be forbidden to recite Shema towards that
lavatory; one should take great care to keep up the cleanliness
of a lavatory for as long as there is dirt present it could become
entirely like a chamberpot, (ibid. 25)
18) Any stench or unpleasant odors that come from rotting objects
or food have the same ruling as for excrement, however from
something with a bad odor not from rotting but because this
is its natural smell there is no obligation to distance oneself; in
this category falls certain types of grasses which have a naturally
bad smell: one may recite Shema in their presence without taking
into account their uhpleasant smell, (ibid. 27)
19) If a bad smell arises from some place while one is in course of
praying or learning Torah one may burn various things which
give off smoke in order to suppress the bad smell so that it
will not be felt, or throw rosewater or other good smells into
the air to remove the bad smell, (ibid. 28)
20) According to all opinions if there is excrement in the anus,
even if it is covered, it is forbidden to recite Shema, and this
is even if it could not be visible when standing but could be
visible when seated (Sh.Ar. 76,5); therefore everyone should
make sure that his anus is properly clean by wiping himself
well. (K.H. ibid. 26 quoting the Shela)
21) A sick person to whom a pouch into which his urine drips was
attached must make a special effort to keep his clothes clean
for prayers. As soon as he feels a drop coming he should pause.
It is a Mitzva to warn old people whose clothes are not clean

The Laws of Amida

91

because they do not pay attention to the drops of urine that

it is their responsibility to remain clean and keep their clothes
clean. Concerning this the verse states (Isaiah, 1,12) 'who asked
this from you that trample over My Courtyard' to come and
pray in the synagogue with dirty clothes; and about those who
are careful to change their soiled clothes immediately it states
(Genesis 27,27) 'he smelled the odor of his clothes and he
blessed him.' (K.H. 78,1)

CHAPTER TWENTY-SEVEN
THE LAWS OF Amida, ITS CORRECT TIME AND THE
FITTING PLACE TO RECITE IT; WHAT TO DO ON
A JOURNEY AND I F ONE NEEDS TO RELIEVE
ONESELF BEFORE OR DURING Amida.
1)

The principal time for the morning Amida is to begin at the rising
of the sun, as the verse states (Psalms 72,5) 'they shall fear You
at sunrise'; however if one prayed after dawn has broken and the
eastern horizon has become lit up one has fulfilled one's duty.
The correct time continues until the end of four seasonal hours
which is a third of the day (which means if the day i.e., daylight
hours is eighteen hours long then it is until six hours of the day,
and when the day is nine hours long it is until three hours, for
we always reckon these hours according to the length of the
day and they are called seasonal hours). If one recited Amida by
mistake or purposely after four hours until seasonal midday even
though one does not receive the reward of prayer at the correct
time, one does receive reward for this prayer. (Sh.Ar. 89) After
midday one may not recite the morning Amida, but when indicated
the Mincha Amida twice. (Rema, ibid.)

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Chapter Twenty-Seven

2)

One may not occupy oneself with one's needs nor depart on a
journey if the caravan will wait until one has recited Amida. But
if the caravan will not wait one may leave. It is also forbidden
to eat and to drink before Amida but one may drink water both
on weekdays and on Shabbat and Yamim Tovim (Festivals), and food
and drink which is required for medical reasons is also permitted.
Those who are very hungry or thirsty are also considered among
the sick - if they are able to concentrate they should go ahead
and pray, if not they may, if they wish, eat and drink before
prayers. (Sh.Ar. ibid.) If someone began to eat before dawn he
must stop at the break of dawn (ibid.)

3)

In extreme circumstances, such as when one must rise early for a

journey, one may recite Amida from the break of dawn onwards
but one must wait to recite Shema until its correct time (v. sup.
chap. 25) and even though thereby one does not link the mention
of Redemption to the Amida it is still preferable for one to recite
Amida at home in a standing position rather than reciting it at the
correct time with the mention of Redemption linked to Amida while
moving (ibid); and if one is able to recognize an acquaintance from
the distance of four amot one also recites the Shema. (M.G.A. ibid.)

4)

One should not recite Amida while standing on a bed, chair or

bench, even if they are lower than three tefachim (24 cms.), as
one may be concerned that perhaps one might fall off and thus
will not concentrate properly on one's prayer. Nor should one
recite Amida standing on an elevated place even if it is firm ground,
but rather on a low place, as there are no 'heights' in the presence
of G-d; however an old or sick person or someone who wishes to
pray aloud for the congregation may even recite Amida on a chair
or a bench. (Sh.Ar. 90)

5)

The height of an elevated place is three tefachim and over, however

if it is three tefachim (or higher) and is four amot long and four
amot wide (or larger) it is considered like an upper storey and
one may recite Amida there. The same ruling applies concerning
an elevated place even when it is less than four by four amot if

The Laws of Amida

93

it is surrounded by partitions since its height is not noticeable as

it is in a separate domain, (ibid.)
6)

It is forbidden to pass outside a synagogue on the side where the

door is open at the time the congregation is praying as one gives
the impression of being a non-believer since one does not enter
to pray; however if one is carrying a burden or there is another
synagogue in the town or this synagogue has another entrance (or
one is riding past on an animal. Rema) it is permitted, (ibid.)

7)

A person should make an effort to pray in synagogue together

with the congregation. If he is prevented by force of circumstances
from going to synagogue he should arrange to recite Amida at the
same time as the congregation. If circumstances prevented him
from reciting Amida at the same time as the congregation and he
has to pray alone, nevertheless he should pray in a synagogue,
(ibid.)

8)

It is forbidden for an individual to recite Amida before the

congregation begins while he is in the synagogue, unless there are
extreme circumstances or for another vital reason; but without a
good reason he should not separate himself from the congregation
even if it is for the purpose of learning Torah. (ibid.)

9)

Someone who has an orthodox synagogue in his town and does

not go there to pray is called a bad neighbor and causes exile for
himself and his children.
It is a Mitzva to run to synagogue and similarly to any Mitzva matter,
even on Shabbat when it is otherwise forbidden to take large strides,
as the verse states (Hosea 6,3) 'and we shall learn to run to know
G-d.' But when leaving synagogue it is forbidden to run. (ibid.)

10) Someone who is on a journey and reaches a town where he

wishes to sojourn (and he has no possibility of a Minyan there), if
ahead of him within four millim (72 minutes' distance) there is a
place where ten pray together he must go there and not sojourn
in this town; and he is required to turn back up to a mil (18

94

Chapter Twenty-Seven

minutes* distance) in order to pray with a Minyan. (ibid.)

11) There should be nothing separating a person from a wall while
he recited Amida; permanent objects such as the Holy Ark and
bookcases are not considered a separation, nor are animals,
neither are humans - it is, however, correct to avoid reciting
Amida behind any person. It is not right to recite Amida towards
a decorated garment or an illustrated wall; someone confronted
with such a situation should look away, (ibid.)
12) It is forbidden to recite Amida in any place where one may not
recite Shema (v. sup. chapter twenty-six); and in the same way
one must distance oneself from excrement, urine, bad smells and
the dead, and from seeing improprietous things for reciting Shema,
so must one distance oneself from these things in order to recite
Amida. (ibid.)

13) If one was in course of reciting Amida and a child urinated in

the synagogue, one should remain silent until water is brought
and poured over the urine, or else one should walk forward or to
the side four amot (nearly 2 meters) or leave the synagogue and
finish his recital of Amida. (ibid.)
14) It is forbidden to utter the name of G-d if one's head is uncovered
and placing one's hands on one's head is not considered a covering;
however if someone else placed his hand on one's head it is
considered a covering. It is the practice of the Chachamim and their
disciples to pray only when they are wearing an outer garment.
15) A person who feels the need to relieve himself should not recite
Amida, and if he does nevertheless recite Amida his prayer is
considered an abomination and he must repeat it (this refers to a
need for a bowel movement, but if he had a need to pass water he
is not required to repeat the Amida. M.G.A.) This ruling applies
if he is unable to hold himself back for the time it takes to
walk a parsa (72 minutes' distance), but if he is able to hold
himself back for this length of time he has post facto fulfilled

The Laws of Amida

95

his obligation, nevertheless one should not recite Amida in the first
place without having checked oneself well (ibid. 92) and even if
it means missing the correct time for Amida by cleaning oneself
first, it is still forbidden to recite Amida in the first place even
if he can hold himself back for the required time (B. Het. ibid.)
(and anyone who needs to relieve himself is forbidden even to
Study Torah. Rema ibid.).

16) If a person feels the need to relieve himself in the course of

reciting Amida, if he can hold himself until he finishes he should
not interrupt, but if he is unable to hold himself he should stop.
This ruling applies also when reciting Shema and its blessings,
(ibid.)
17) Before reciting Amida one must remove one's saliva and mucus
and anything else that disturbs, (ibid.)
18) If someone remembers while he is in the course of reciting
Amida that he touched an unclean place, i.e. a part of the body
where there are beads of perspiration and which is normally
covered, or he scratched his head, it is sufficient for him to rub
his hands in dust or stones or against a wall. The same ruling
applies if he touched the dirt of the ears or the nose, (ibid.)
19) A person who has urinated should not recite Amida until he has
waited the time it takes to walk four amot (nearly 2 meters)
because of dripping. Someone who wishes to urinate after reciting
Amida should first wait the time it takes to walk four amot after his
prayer as for that length of time one tends to continue praying,
(ibid.)
20) If someone spat he should not begin Amida until he has waited the
time it takes to walk four amot. One should not spit after reciting
Amida until one has first waited the time it takes to walk four amor,
this ruling applies only if one spits intentionally but if saliva came
to one's mouth one does not need to wait. (ibid.
It is a good practice to give charity before praying, (ibid.)

Chapter Twenty-Seven

Before praying one should wash one's hands with water and if
no water is available one should look for some even if it means
walking a parsa which is an hour and a fifth (72 mins.) distance.
This ruling applies to someone on a journey and there is water
to be found ahead of him, but if he must turn back for water he
is only required to walk a mil which is at a distance of eighteen
minutes and no more. If in all cases he is afraid of passing the
correct time for reciting Amida he should rub his hands on a stone
or in dust or on some other object or surface which cleans (ibid);
this ruling applies only to morning prayers for someone who has
not yet washed his hands, but concerning the afternoon prayers
the Shulchan Aruch writes in chapter 233: If one has water availabe
one must wash before praying even though one's hands are not
dirty, but if no water is readily available one does not need to
wash.
Someone who washed his hands in the morning and became
unmindful of their cleanliness should wash again before praying
if water is available even though his hands are not dirty, but if no
water is readily available he does not have to wash again. (Sh.Ar.
92)

AL HASHULCHAN
The Amida Prayer is in place of the sacrifice and a person's mouth
is in place of the altar where the sacrifices are offered, therefore
one must direct one's prayers towards the Bet Hamikdash (the
Holy Temple) and the Kadshei Hakadashim (the Holy of Holies),
the site of the altar, and thereby they will bring an agreeable
odor before G-d by way of the Kadshei Hakadashim which is the
Gate to Heaven.
A person praying Amida outside the Land of Israel must stand
facing the Land of Israel and direct his prayers towards
Jerusalem, the Bet Hamikdash and the Kadshei Kadashim. A person
praying Amida in the Land of Israel should face Jerusalem, and
in Jerusalem one should face the place of the Bet Hamikdash,

The Laws of Amida

97

and thereby all Jews pray towards the same place, the Bet
Hamikdash where the Gates of Heaven are situated and from
where all the sacrifices brought an agreeable odor before G-d
- therefore the prayers which are in place of the sacrifices also
come before Him through this place (B.l.Ch. Yitro 1)
It is a good custom for every person to recite his prayers
from a Prayer Book (Siddur) in order to be able to concentrate
properly and to pay better attention, thereby preventing him
from looking around to which the verse in Esther 9,25 alludes:
he said with the book let his thought return, (ibid.)
If someone is praying in a synagogue and mistakenly stands
to recite Amida in the wrong direction, for example if he is
blind and does not know the right direction, and even if he
has already begun the Amida, anyone who notices this should
turn him to the correct direction, even if thereby he moves
his feet, as moving alone is not considered an interruption
in Amida. This applies even when this person is praying alone
in a synagogue, and therefore does not appear to be praying
differently from the congregation since the position of the
Holy Ark and the Reader's desk are apparent, one must put
him in the right direction. However, in a house, where the
direction is not noticeable, there is no need to disturb him to
change his direction in the middle of Amida. (ibid.)
It is forbidden to sit within four amot of someone who is reciting
and according to certain authorities one may not sit
in front of a person occupied with Amida within his range of
vision. The custom is to follow the first opinion.
If the person sitting down is in the course of reciting

Amida,

Zemirot (Pesukei Dezimra) OT Yotzer he may

be seated, and

if

he

is reciting Korbanot (the sacrifices), although some authorities

are stringent, he may rely on the more lenient opinions and be
seated. However, someone who is learning may not sit down,
except in dire circumstances when there is a great urgency he
may rely on the authorities who are lenient even in the case of

Chapter Twenty-Seven

learning Torah; therefore if a person is old or sick and is unable

to go out of the four amot, or there is some other urgent reason,
he is allowed to learn Torah or recite Mizmorim (Psalms).
Even if the seated person came first and subsequently someone
came to recite Amida near him, if the place is set aside for
praying, he is obliged to get up; but in a place which is not
specifically for prayer acording to the basic requirements of
Halacha he is not obligated to get up but if he wishes to be
meticulous he should, (ibid. 6)
One may not pass within four amot in front of someone who is
reciting Amida but behind him or to his sides one may; however,
according to the Holy Zohar one may not pass in front of
him within as far as he (the person praying) can see, and
behind him and to his sides within four amot. One should
be particular to follow the opinion of the Holy Zohar, but in
extreme circumstances such as if one is a hurry to go to pray
or to perform some other Mitzva one may rely on Maran (the
author of the Shulchan AruchYs opinion who only forbids passing
within four amot in front of someone reciting Amida. (ibid. 7)
The prohibition of passing in front of someone reciting
applies even if there is a partition in front of him
measuring ten tefachim in height and four tefachim wide. Even
if he is behind a glass wall one may nevertheless not pass as
he can see through the transparent wall and his concentration
is likely to be disturbed. One should not pass in front of the
Chazzan, even when he is reciting other parts of the service,
(ibid.)

Amida

If someone has finished reciting Amida and the person behind

him is still in the course of reciting Amida he should not walk
back the three paces of 'Ossei Shalom' until the person behind
him has finished. This applies even if the person behind him
started Amida just when he was about to finish, (ibid. 8)

99

CHAPTER TWENTY-EIGHT
THE LAWS OF RECITING Amida WHEN RIDING; HOW
TO STAND AND WHAT THOUGHTS AND DEVOTION
TO HAVE WHEN RECITING Amida; AND THE LAWS
OF AN INTOXICATED PERSON CONCERNING Amida
1)

One should recite Amida (preferably) in a mood of awe, fear

and reverence and not in a mood of light-headedness and with
empty thoughts, not while in anger, but at least if it is difficult
to build up the preferred mood amidst a spirit of joy such as
evoked by comforting words of Torah: following the mention of
the Redemption from Egypt or following Tehilla LeDavid (Ashrei)
where it states 'He does the wish of those who fear Him, G-d
protects all those who love H i m / (Sh.Ar.93)

2)

One should not recite Amida while in the middle of a matter of

judgement nor following a Halachic discussion in order that one's
mind should not be preoccupied with thoughts about them, but one
should rather recite Amida after studying some (straight- forward)
practical Halacha. (ibid.)

3)

Someone who is unable to work out the points of the compass

and therefore does not know in which direction to pray should
direct his concentration towards his Father in heaven, (ibid. 94)
Someone who is riding on an ass is not required to get off in order
to recite Amida even if there is someone to hold the ass for him
- he may pray on his way. Similarly if he is travelling in a
boat or in a carriage, if possible he should stand up to recite
Amida, however if he cannot stand he should remain in his place
and recite Amida there; and if he is travelling by foot he may
recite Amida while walking, even in a place which is not dangerous,
since if he stops to recite Amida the delay in the journey will bother
him and thus disturb his concentration, however this all depends
on the condition of the road and the location and the extent of
his fear and peace of mind. Certain authorities, however, oblige

Chapter Twenty-Eight

100

one to stop for Avot (the first blessing of Amida) and one should
follow their opinion if the place is not dangerous. Someone sitting
in a boat or a carriage who is able to stand up for the places
in Amida when one bows should do so in order to bow in a standing
position and to walk three steps back, (ibid.)
4)

A sick person may recite Amida even while lying on his side
as long as he is able to concentrate in this position (ibid.);
and if he is unable to recite the Amida he should think it to
himself, as the verse says (Psalms 4), 'say in your hearts on your
couches/ (Rema, ibid.)

5)

Someone who has non-Jews on both sides of him and is afraid that
they might interrupt his Amida or spoil his wares should remain
seated in his place and recite Amida in this manner since his peace
of mind is disturbed, and even though he must walk back three
steps at the end of the Amida he remains seated to pray and bow.
(ibid.)

6)

One should take care not to lean on a pillar or on somebody while

reciting Amida. (ibid.)

7)

Someone who had to recite Amida while seated should repeat it

standing if it is still possible (ibid.); however the Turei Zahav, the
Remah MiPano, the Sh. Kn. Hag., the Pri Chadash, the

the

Birkei Yossef

Yad Eliahu and

all agree that he does not have to repeat it.

8)

One should bow one's head a little in order to be looking

downwards towards the ground and imagine that one is standing
the Bet Hamikdash and direct one's heart upwards towards the
heavens. (Sh.Ar. 95) The Sh. K. Hag. writes that he heard that
anyone who does not close his eyes while reciting the Amida will
not have the merit of seeing the Divine Presence when his soul
leaves his body, and from then onwards he had the practice of
closing his eyes. (B. Het. ibid.)

9)

One should place one's hands over one's heart with the right

The Laws of Reciting Amida when Riding

101

hand grasping the left and stand as a servant before his master
in awe and with fear and not with one's hands on one's hips as
that is a haughty manner (Sh.Ar. ibid.). The reason the right
hand is placed over the left and not vice-versa, explains the Bet
Yossef is that it indicates that the evil inclination (yetzer horati)
should be subservient to the good inclination {yetzer hatov) as
the evil inclination is indicated by the left; this is alluded to
in the verse (Joel 2,20) '...and the hidden one (the yetzer horati)
I shall distance from you.' (ibid.)
9

10) When reciting Amida one should not pray loud enough to be able
to hear what one is saying but should move one's lips without
making an audible sound. (Kesh. G. 12 quoting Bedek Habayit and
Pri Chadasti)

11) One should wait a little before reciting Amida, and at Shira
Chadasha one should think of Gd's supreme greatness and of the
wonders that He brought about for everyone, that one is poor and
destitute in Torah and Mitzvot and is destined to lie desolate in a
lowly and dark grave. (Kesh. G. ch. 12) One should neither stand
nor sit near to a wicked person during Amida and prayers, (ibid,
quoting Sefer Chasidim)
12) Someone who is not familiar with Kabbah should not mention nor
even think of the mystical secrets written in the Ari Zal prayer
book without understanding them properly otherwise he is, G-d
forbid, more likely to lose than gain thereby, (ibid.) Similarly
someone who is not familiar with Kabbala (sod) should not pray
from the Ari Zal prayer book since that is considered haughtiness
and gives a false impression, (ibid.)
13) While reciting Amida one should concentrate on the meaning of
the words one says and imagine that the Divine Presence is
before him, and one should remove all disturbing thoughts so
that one has a pure mind and a pure concentration during the
Amida. One should think that if one were to speak to a king of
flesh and blood one would prepare one's words and concentrate

102

Chapter Twenty-Eight

on them well in order not to make any mistake how much more so
when speaking to the King of Kings, G-d Himself, who searches
all thoughts. The men of deep piety and righteous deeds would
seclude themselves and concentrate on their prayers until they
reached the level of excluding all materialism and of mastery
of the intellect to the extent that they approached the level of
prophecy.
If a wrong thought comes to one in the course of Amida, one
should remain silent until the thought passes. One should think
about matters which make the heart humble and direct it towards
our Father in heaven, and not about matters which are associated
with levity. (Sh.Ar. 98)
The word 'Tefilla (prayer - when spelt without a 'yud') has the
same gematria (the numerical value of the Hebrew letters) as
1

'bekavanat halev* (with sincere concentration). (Kesh. G. 12)

14) If someone wishes to add a certain prayer or viduy (confession)

in Shomaya Tefilla, etc. he should write down the text beforehand
so that it is at hand when he needs it and will not need to be
disturbed in his prayer. (Kesh.G. 12)
15) If a child is disturbing or adults are speaking while he is reciting
Amida a person may make a sound to quieten them, (ibid.)
16) One should pray in supplication like a poor man begging at the
door and calmly so that it should not look as if it is a burden
from which he wishes to relieve himself. (Sh.Ar. 98)
17) A person should not think that G-d should fulfill his wish because
he concentrated well on the Amida since, on the contrary, such
thoughts cause a person's sins to be remembered as thereby his
deeds are examined because he is so sure of his merits; rather he
should think that whatever G-d will do is out of His kindness and
he should say to himself who am I , destitute and pitiful, to come
and ask from the King of Kings, G-d Himself, were it not for the
great kindness that He shows to His creations, (ibid.)

The Laws of Reciting Amida when Riding

103

18) Someone who has drunk a revi'it (86 grams) of wine should not
recite Amida until he has removed the effects of the wine from
himself, however if he did post facto recite Amida his prayer is
valid. The same ruling applies if he drank more than a revi'it,
if he was in the state of being able to speak before the King
when he recited the Amida it is valid, but if he was not in
the state of being able to speak before the King his prayer
is an abomination and it is considered as if he worshipped idols,
and he must repeat the Amida when he has removed the effects of
the wine from himself; and even if the correct time for reciting
Amida has thereby passed he may compensate for this Amida the
next time he prays just like someone who accidentally missed
Amida. (ibid 99) The ruling concerning reciting Shema in the above
conditions is the same as that of Amida. (Rema ibid.)
19) Walking the distance of a mil (approximately one km./five-eighths
mile) or sleeping a bit after drinking wine wear down the effects
of the wine; this is the case if the person in question drank a revi'it,
however if he drank more, sleep will make him all the more drunk
and walking will disturb him all the more (this refers to a small
amount of sleep, but much sleep does wear down the effects of
wine. B. Het.). The above concerns travelling by walking, but
riding certainly wears down the effects of wine. (Sh.Ar. ibid.)
20) It is sufficient for someone who is mildly drunk to feel himself
when the effects of the wine have worn down, (ibid.)
21) When one recites Amida one should concentrate on the meaning
of all the blessings, but if one is unable to concentrate on all of
them one should at least concentrate on Avot (the first blessing).
(Sh.Ar. 101)

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Chapter Twenty-Eight

AL HASHULCHAN
1)

One should place one's feet together as if they are one, bend
one's head slightly in order to be looking downwards, but not
too far bent, and direct one's thoughts to the heavens. Although
it is preferable to recite Amida with closed eyes, nevertheless if
one knows that one can concentrate better by reciting it out
of a prayer book one should rather read it from a prayer book
but should be careful not to look out of the prayer book. The
other parts of the service such as Zemirot and Yotzar are certainly
preferably recited from a prayer book (B.l.Ch. Yitro 9)

2)

While reciting Amida a person should not hold Tefillin nor a book
which he is not using for prayer, nor anything that might fall
out of his hand and thereby disturb him. One should not pray
in a place where the noise or something else disturbs one's
concentration, (ibid. 12)

3)

Someone who is in the course of reciting Amida out of a prayer

book and it falls from his hand if he is unable to concentrate
without it, he may pick it up when he has finished the blessing
where hs is holding. If a flea or a louse stings him and he is
unable to bear it as it distracts him, he should wipe it off with
his garment but not with his hands, (ibid. 13)

4)

The Chachamim have the custom of wearing their outer garment

which is usually worn when going out in the street for prayer,
to fulfill the teaching of the verse (Amos 4,12), 'prepare to meet
your G-d, O Israel' and it is proper for eveyone to follow
this custom; at least one should wear the type of clothes that
are worn in that place when meeting important people, (ibid.
15)

5)

Before reciting Amida one should remove one's saliva and one's
mucus and blow one's nose with a handkerchief if necessary
and one should not belch or yawn on purpose, and if one did

The Laws of Reciting Amida when Riding

105

so accidentally one should place one's hand over one's mouth

even if one is alone and cannot be seen, because one is in the
presence of the King. (ibid. 16)
6)

If someone was in a field when the time came for reciting

and he was therefore obliged to pray there he should
try to pray in a secluded spot, for example between trees, if
possible, and preferably in a place surrounded by walls, as
long as it is clean; even if it has no roof, since it has walls
it is considered a secluded place, (ibid. 19)

Amida

7)

The

have the custom when they are about to recite

to turn around their heads slightly and make a sign with
their hands to people standing behind them or to their sides.
The reason for this is to resemble angels who accept the yoke
of the Divine Royalty from each other and give permission to
each other as a demonstration of the unity and brotherhood
between them; in other words, we agree unanimously to accept
on ourselves the yoke of Divine Royalty, and thereby the praise
of Gd is enhanced and glorified since it is done in a spirit
of brotherhood and love. The Gaon Maharan Shapira gave a reason
for this custom according to Kabbala, and praised it. According
to his reason even if nobody is at one's side or behind one, one
should nevertheless perform this custom. (B.l.Ch. Beshalach 2)
This is also the custom of Syrian Jews.
Sephardim

Amida

8)

If one is going to recite Amida in the same place as where one

sits one should be sure to walk back the distance of three
steps and then return to one's place to recite Amida and if
one sits far from where one wishes to recite Amida one should
first go to that place, walk back three steps and then return
to recite Amida as according to Kabbala one should walk back
three steps before reciting Amida. The straight-forward reason
for this is to commemorate the three millin that the People of
Israel walked back at Mount Sinai and then drew near again,
(ibid. 3)

106

9)

Chapter Twenty-Eight

A person should have in mind the meaning of the words that

he is praying, he should think that the Divine Presence is
before him and he should drive away all thoughts that disturb
him since Prayer of Amida is in place of the sacrifices and
an extraneous thought renders sacrifices unfit. He should not
think that he is fitting for his wishes to be fulfilled, rather that
perhaps Gd in His Kindness and mercy will listen to him, and
according to the Ari Zal the following should be his intention:
'We know, O Gd, that we are neither fitting or worthy to
pray before You but we rely on Your manifold mercies and
great kindness for You desire kindness and do good extensively,
as it is written (Psalms 5 ) 'G-d is good to all and His

mercies are extended to all His creations,' and You have

commanded us to pray to You, for You are our Gd and
we are Your servants and our eyes are turned to You
as the eyes of servants towards their master' everyone
should be careful to have this intention, (ibid. 4)

10) When reciting

Amida one should concentrate on all the

blessings; however, if after considerable effort one is unable to
concentrate on all of them one should make a special endeavor
to concentrate at least during Avot which is the first blessing,
and although according to the strict letter of the law someone
who did not concentrate on Avot has not fulfilled his obligation
and must repeat the Amida, the later authorities have written that
nowadays one does not repeat because perhaps in the repetition
one will also not concentrate. The Gaon Rabbi Chaim of Volozhin
o.b.m. gave advice whereby everyone can be induced to have
full concentration, namely that one should picture in one's
mind the form of the letters that one is saying his argument
is well-founded and the words of a sage find favor. It will,
however, be impossible for someone who follows this advice to
pray together with the congregation since he will thus be obliged
to lengthen his Amida considerably, but in the first blessing
only one can do so; it is therefore recommended that everyone
should accustom himself to do so for the first three blessings
or, at least, for the first blessing, (ibid. 5)

The Laws Concerning not interrupting During Amida

107

CHAPTER TWENTY-NINE
THE LAWS CONCERNING NOT INTERRUPTING
DURING Amida; SOMEONE WHO RECITES TWO
Amidot; THOSE WHO ARE EXEMPTED FROM
Amida;ONE WHO IS DOUBTFUL IF HE RECITED
Amida;
A FREE-WILL Amida; AND THE LAWS
CONCERNING THOSE WHO DID NOT RECITE
Amida BECAUSE OF SOME MISTAKE, PRESSING
CIRCUMSTANCES OR ON PURPOSE.
In every situation that one is permitted to interrupt during the
such as when there is danger of a scorpion, or if an ox is
approaching in a place where the oxen commonly cause damage,
or a similar situation, if one paused for the length of time it
takes to recite the whole Amida then one should recommence the
Amida from the beginning; if one paused for a shorter time one
should return to the beginning of the blessing that one interrupted,
except if one paused during the first three blessings in which case
one starts again from the beginning of the Amida, or during
the last three blessings when one goes back to Retzeh. (Sh.Ar.
104)
Amida

The length of time it takes to recite the Amida mentioned above

is reckoned according to the pace that the individual concerned
prays.
If one interrupted by speaking during the Amida the same ruling
applies as above: if the interruption was for the length of time it
takes to recite the whole Amida then one recommences from the
beginning of the Amida and if it was for a shorter time then one
returns to the beginning of the blessing which was interrupted.
This ruling applies only in a case when one spoke inadvertently
but if one spoke on purpose one must recommence the Amida, v.
Sh.Ar. 114,7 q.v. (ibid.)

108

3)

Chapter Twenty-Nine

While reciting Amida one may not interrupt to answer Kaddish or

but one should be silent and concentrate on what the
Chazzan is saying and thereby it is considered as if one had
answered, (ibid.)

Kedusha

4)

After finishing the Amida before Elokai Netzor one may answer
and Barechu (ibid.) and Amen after blessings. (Ksh.
G.,9)

Kaddish, Kedusha

5)

If someone recites the Amida twice, one after the other, for example
he recites the Amida of Arvit twice as is the case if he forgot to
recite Mincha, he should wait between the two for the length of
time it takes to walk four amot, in order that his thoughts should
be collected to be able to pray again in a manner of supplication.
(Sh.Ar. 105)

6)

All those who are not obliged to recite Shema, as cited in chapters
70, 71 and 72 of the Shulchan Aruch (q.v.), are not obliged either
to recite the Amida, and all those who are obliged to recite
Shema are obliged to recite Amida, except for those accompanying
a funeral procession (Levaya) and are not needed to carry the
coffin, that even though they are obliged to recite Shema they are
exempt from reciting Amida. (ch. 106)

7)

Women and servants are obliged to recite Amida, even though

they are exempted from reciting Shema, because it is a positive
Mitzva not limited by time.
Concerning young children who have reached the age of education,
one is obliged to educate them to recite Amida. (ibid.)

8)

Someone who is in doubt whether or not he has recited Amida should

pray again and he does need to insert any additional supplication.
If someone started to recite Amida thinking that he had not yet
prayed and then remembered that he had already recited Amida he
should stop even in the middle of a blessing even though he is able
to insert an additional supplication, (ibid. 107)

The Laws Concerning not interrupting During Amida

9)

109

If someone inadvertently or by force of circumstances did not recite

the Shacharit (morning) Amida he recites the Amida at Mincha twice,
the first as the Mincha (afternoon) prayer and the second to
compensate for Shacharit. If he reversed this order he has not
fulfilled the obligation of compensation and must again recite
Amida for this purpose. This ruling applies similarly to all cases
when a compensatory Amida must be recited. (Sh.Ar. 108)
This is also the procedure when compensating for Mincha at
Arvit (the evening prayer) and for Arvit at Shacharit, in which case
after he has recited Yotzar and the Amida he recites Ashrei and then
prays Amida to compensate for Arvit. (ibid.)

10) It is only possible to compensate for a missed Amida at the correct

time for praying the subsequent Amida: since it is a time halachically
suitable for reciting Amida and he has just been occupied with the
obligatory Amida he then repeats the Amida to compensate for what
he mistakenly omitted in the previous Amida. However if the time
is not halachically suitable for reciting Amida such as immediately
after chatzot (the seasonal midday) before Mincha time has come, a
compensatory Amida would not be valid as one could neither pray
Shacharit nor Mincha at this time. (Levush ch. 108)
11)

Someone who recited neither the Shacharit nor the Mussaf on

the applicable days Amida and remembers these omissions at

should first recite Mincha then Mussaf and afterwards the
compensation for Shacharit Amida. If he recited Mussaf before
Mincha in this situation he has, post facto, fulfilled his obligation.
Mincha

(Ksh. G, Birkei Yossefch.

108)

12) It is only possible to compensate for the Amida one has missed
following the relevant principal Amida, having paused for the time
it takes to walk four amot before commencing the compensatory
Amida. However if one paused after the principal Amida and
occupied oneself with other matters it is no longer possible to
recite the compensatory Amida. Some authorities nevertheless do
permit this; therefore one should recite the additional Amida (in
such a case) as a voluntary prayer (Nedava). (K.Sh.G. 22 and v.
Machz. Br. ibid.)

110

Chapter Twenty-Nine

13) It is not possible to compensate with the Mussaf prayer, i.e. to

recite Mussaf Amida twice, once for Mussaf and the second time to
compensate for Shacharit. To compensate for Mussaf is also not
possible, i.e. if one did not recite Mussaf one cannot make up for
this omission by reciting (Mincha) Arvit twice.
The ruling concerning Neila (on Yom Kippur) is the same as for
Mussaf. Neither Mussaf nor Neila act as an interruption for the
purpose of compensation, i.e. if one omitted Shacharit but did recite
Mussaf one may still recite Mincha Amida twice thereby compensating
for Shacharit, or if one omitted Mincha but did recite Neila one may
still recite Arvit Amida twice thereby compensating for Mincha (Machz.
Br. Ch. 108)
14) It is only possible to compensate for the previous Amida, therefore
if one omitted both Shacharit and Mincha one recites Arvit twice, the
second Amida to compensate for Mincha but Shacharit in this case
has no compensation. This ruling applies similarly to the other
prayers. (Sh.Ar. 108)
15) Although one may compensate only for the Amida preceding the
present one and others can not be compensated for, however
one may recite those missing Amidot in the form of voluntary
prayers (Nedava) with the insertion (each time) of an additional
supplication, and this a recommendable practice (ibid.). Note:
We have not seen nor heard that this has been the customary
practice; therefore it is advisable to compensate for those missing
Amidot by arranging to be Chazzan for as many Amidot as one has
missed and that will count as compensation for what one missed.
(The Author's opinion.)
16) If the day has concluded and one did not recite
possibility to compensate for it. (Sh.Ar. 108)

Mussaf

there is no

17) Someone who has not yet recited Mussaf and realizes this towards
evening and he has neither recited Mincha, if there does not remain
sufficient time to recite both he should recite Mussaf as he can
compensate for Mincha (Kesh.G. ch. 22)

The Laws Concerning not interrupting During Amida

111

18) If one purposely omitted an Amida one cannot compensate for it

even at the next Amida, but one may recite a voluntary Amida without
having to insert an additional supplication, (ch. 108 and ibid.)
19) Someone who is occupied with pressing communal needs which
under certain conditions exempt him from reciting Amida and as
a result bypasses the correct time for reciting an Amida does not
have to compensate for his omission at the subsequent time for
Amida (Birkei Yossef, Mach. Br., Kesh.G. ibid.)
20) There is no way to compensate for omitting

Shema

or its blessings.

(Mach. Br. 58)

21) One should say private supplications only after the second (i.e.
compensatory) Amida. (Kesh.G. ibid. Levush and Mag.Avr.)
22) If the Chazzan for Shacharit forgot to recite Arvit the previous
evening he should only recite two Amidot in the morning: one
quietly as his obligation for Shacharit and the second aloud which
serves as compensation, as well as to render exempt those who
are not sufficiently proficient to recite the Amida by themselves.
(Ksh. G. ibid, quoting several authorities)
23) Someone who did not recite Arvit and after reciting the Amida of
Shacharit he had intention to fulfill his obligation of compensation
by listening to the Chazzan's repetition of Amida has post facto fulfilled
his obligation, (ibid.)
24) Someone who did not recite Amida because he thought there would
remain enough time after finishing to his business and in the
course of events the correct time for reciting Amida passed, or
if someone was occupied in preventing a loss of his money and
thereby lost the possibility of praying on time, or someone who
became drunk and therefore did not pray, in all these cases they
are considered as having been prevented from reciting Amida by
force of circumstances and should compensate for their omission,
(ch. 108)

Chapter Twenty-Nine

If one inadvertently did not recite the Amida of Mincha on Friday

afternoon one should recite the Arvit Amida of Shabbat twice: the
first as the Arvit prayer and the second as compensation, (ibid.)
If one inadvertently did not recite the Amida of Mincha on Shabbat one
should recite the (weekday) Amida of Motza'ai Shabbat (Saturday
night) twice: the first including Havdala (the prayer Ata Chonantanu
which expresses the separation of Shabbat from the week it is
inserted in the fourth blessing Ata Chonen) and the second, which
is the compensation for Mincha of Shabbat, without Havdala. If one

omitted Havdala in the first Amida but included it in the second,

the second is valid and counts as one's obligation of Arvit but
the first is not: since one did not include Havdala in the first it
is apparent that it was intended to be the compensatory Amida and
it is not valid (cf. para. 9 above); however, if one had the positive
intention to recite the first Amida as the Arvit prayer and the
second as compensation only one forgot to include Havdala in the
first, one has fulfilled one's obligation. In the latter case, if the
person concerned informs us as to what was his intention this
suffices to decide the problem. (Kesh.G. ibid, quoting Pri Chadash).
If one recited Havdala in both or omitted Havdala in both one has
fulfilled one's obligation. If one intended that the first should be for
Arvit and then forgot to include Havdala, one should not include
Havdala in the second (which is for compensation). (Kesh.G. ibid,
quoting Pri Chadash)

If one recited Amida at Mincha on Shabbat but omitted to mention

Shabbat therein, one should recite the Arvit Amida twice without
including Havdala in the second which one should recite as a
voluntary prayer, (ibid.) Similarly if at Mincha of Rosh Chodesh one
omitted Ya'aleh Veyavo one recites Amida at Arvit twice, the second as
a voluntary prayer, and the same applies if one mistakenly recited
the weekday Amida at Mincha on Yomtov (one of the festivals);
however, if the following night is also Rosh Chodesh or the second
day of Yomtov (where applicable) one recites the second Amida as
an obligatory compensation, (ibid.)

The Laws Concerning not interrupting During Amida

113

29) If one forgot to mention Rosh Chodesh at Mincha when Rosh Chodesh was
on Erev Shabbat and one realized the omission only at night one
should not recite a compensatory Amida as it must be in the
form of a voluntary prayer which may not be recited on Shabbat.
(ibid.)
30) If one inadvertently did not recite Mincha on the afternoon before
Rosh Chodesh then one mentions Rosh Chodesh in the first Amida of
Arvit but not in the second. If one omitted Ya'aleh Veyavo in the
first but included it in the second then one must recite Amida a
third time as compensation for Mincha, but if one omitted it in
both there is no need to repeat the Amida. (ibid.)
31) Someone who recited the Amida at Shacharit on Shabbat twice (e.g.
he forgot to recite it at Arvit the previous evening), in the first he
said Atta Kidashta (of the Shabbat evening Amida) and in the second
Yismach Moshe, does not need to repeat the Amida. This applies,
however, only if he recited them inadvertently in this order, but if
his intention was to say Atta Kidashta as the compensatory prayer
he must repeat the Amida (ibid.)
32) Someone who did not recite Arvit on Rosh Chodesh and therefore
recited the Shacharit Amida twice but forgot to include Yaaleh Veyavo in
the second Amida does not repeat the Amida. (ibid.)
33) If someone inadvertently included (in the Amida) an insert applicable
to other days at the wrong occasion this is not considered an
interruption. (Sh.Ar. 108) Many authorities explain that this ruling
of the Shulchan Aruch only applies to a compensatory Amida, but if
one included in the principal Amida the special insert of other days
on the wrong occasion, for example Yaaleh Veyavo on a day which
is not Rosh Chodesh, this is considered an interruption and one
would have to go back; however there are also some authorities
who disagree and do not consider this at all an interruption and
there is no need to go back. It is therefore evident that it is
better in such a situation to remain passive and not go back
as explained in the later authorities (q.v. at length). Similarly

Chapter Twenty-Nine

if someone mistakenly inserted Al Hanissim on the fifteenth of

in a place where it is not recited then he certainly remains
passive and continues normally. The same ruling applies when
someone repeated something which did not have to be repeated,
this is not an interruption and he does not have to go back again.
This is all explained in detail by the later authorities.

Adar

AL HASHULCHAN
Someone who started reciting Amida thinking that he had not
yet prayed and then remembers that he has already prayed
should stop even in the middle of a blessing (v. supra para.8);
since he began the Amida as an obligatory prayer he can not
now continue as a voluntary prayer by adding a supplication.
The same ruling applies if he started to repeat the Amida for
a reason about which, in fact, there is no halachic obligation
to repeat and he remembers during the Amida that he made a
mistake in Halacha - he stops even in the middle of a blessing.
(B.l.Ch. Mishpatim 1)
Someone who becomes confused in the course of reciting
and forgets where he is holding should go back to the
beginning of the Amida. This applies if he becomes confused
before finishing the first three blessings but if he is sure that
he has finished the first three blessings properly and became
confused only during the middle blessings, e.g. he does not
know if he is holding in the blessing Ata Chonen or the following
blessing, then he goes back to Ata Chonen, or if he is sure that he
has finished one of the middle blessings properly, then he goes
back to the blessing following the one he definitely finished,
(ibid. 20)

Amida

A Chazzan who made a mistake in the quiet Amida which obliges

him to repeat it fulfills this obligation with his repetition of
the Amida aloud and is not required to repeat the Amida quietly,
(ibid. 21)

The Laws Concerning not interrupting During Amida

115

Nowadays we only recite Amida as a voluntary prayer when this

is indicated as being halachically necessary but otherwise not,
since people are generally unable to concentrate fully from the
beginning to the end, and concerning this it is written (Isaiah
1,11) 'Wh&t use have your abundant sacrifices for Me.' it
would be desirable if we could recite the already obligatory
prayers with the necessary concentration! (ibid. 22)

116

CHAPTER THIRTY
WHAT AN INDIVIDUAL
SHOULD
COORDINATE HIS Amida WITH THE

DO TO
Chazzan

1)

An individual who is reciting the quiet Amida together with the

Chazzan who is repeating the Amida aloud should recite the entire
Kedusha word for word with the Chazzan from Nakdishecha and
continue until the end of the blessing Hakel Hakodosh and also the
blessing Shomeya Tefilla and he should also make sure that when
the Chazzan reaches Modim he also reaches Modim or Hatov Shimecha
Ulecha Naeh Lehodot in order to be able to bow with the Chazzan at
Modim (Sh.Ar. 109)

2)

An individual reciting FAmida who reaches the point where

is recited at the same time as the congregation is reciting
Kedusha Desidra (the Kedusha in Uva Lezion Go'el) should not say
Kadosh with them as the Kedushot are not of the same level (the
same applies to the Kedusha of Yotzer (before Shema) Mag.Avr.).
The same ruling applies if the congregation is reciting Kedusha!
Keter (of Mussaf) that the individual (reciting Shacharit), does not
say Kadosh with them but remains silent and concentrates on what
is being said following the principle that hearing is (in certain
circumstances) the halachic equivalent of answering, (ibid.)
Kedusha

3)

Someone who arrives in the synagogue and finds the congregation

reciting the quiet Amida should not recite the Amida with them but
should first recite the Shema and then Amida, as mentioning the
redemption (Geula) immediately before Amida takes preference over
reciting Amida with a minyan. (ibid.) This applies only to Shacharit but
at Arvit he should rather recite Amida with the congregation and
afterwards recite Shema as the Shulchan Aruch writes in Ch. 236 q.v.

4)

When one says Baruch in the blessings where one bows one bows
with one's body and when one says Ata one bends one's head, and
one straightens up at the Shem (name of G-d) first straightening

The Laws of Mentioning and Requesting Rain Wind and Dew

117

the head and then the body. Bowing should be done quickly in one
movement thus demonstrating subservience, and striaghtening up
should be done slowly. (Ch. 113)
5)

One should bow until all the joints of one's spine protrude; however
for an elderly person who is unable to bow so deeply it suffices
to bend his head, (ibid.)

CHAPTER THIRTY-ONE
THE LAWS OF MENTIONING AND REQUESTING
RAIN WIND AND DEW
1)

We begin saying Mashiv Haruach Umorid Hageshem (Who causes the

wind to blow and the rain to fall) in the second blessing of Amida on
the day following Sukkot, Shemini Atzeret, in the Mussaf prayer and
we continue until Mussaf of the first day of Pesach. (ch. 114)

2)

It is forbidden to include the above phrase known halachically

as 'mention' of rain until the Chazzan has announced it; therefore
even someone who is ill or prevented from going to synagogue by
force of circumstances should not recite the Mussaf Amida before
the congregation's Amida as it is forbidden to mention rain (Geshem)
until the Chazzan has said it. However, if it is known that the
Chazzan has already announced Geshem* even if one personally did
not hear it from the Chazzan one should nevertheless include it in
one's Amida. (Sh.Ar. 114)
1

3)

If someone included Morid Hageshem in the summer season (from

Mussaf of the first day of Pesach until Mussaf of Shemini Atzerei)

118

Chapter Thirty-One

he must go back to the beginning of the second blessing and if

he already finished the blessing he must start the Amida again.
Even in a place where rain is needed in the summer time, if he
mentioned Geshem instead of Tal (dew) he must go back, (ibid.)
4)

In the rainy season (from Mussaf of Shemini Atzeret until Mussaf of

if someone omitted Geshem he must go back (as in para.
3) however if he did mention Tal he is not required to go back
(ibid.). The Be'er Hetev points out here that this ruling does
not apply to requesting rain in Birkat Hashanim (the ninth blessing)
where if Matar (rain) is omitted even if Tal is said he must go back,
v. Sh.Ar. 117,4 (and para. 11 below).

Pesach)

5)

The obligation of going back for omitting Morid Hageshem in the

rainy season only applies if one finished the whole second blessing
and has begun Atta Kadosh and then realizes the omission in which
case one must start the Amida again, but if one realized before
finishing the second blessing one says Morid Hageshem wherever one
realizes, that is, anywhere in the middle of the blessing, and even if one has

one does
not need to go back but should say there and then Mashiv Haruach
Umorid Hageshem without repeating the end of the second blessing.

finished the blessing but has not yet begun reciting Atta Kadosh

6)

7)

In all cases where someone made a mistake and the ruling is that
he goes back to the beginning of the blessing but does not have
to go back to the beginning of the Amida (e.g., v. supra para.3),
that applies only if it happened inadvertently but if he did so
on purpose then he must go back to the beginning of Amida.
(ibid.)
If, in the summer months, a person is in doubt if he included
or not, and this doubt arises within the first thirty
days from the first day of Pesach, he has the Chazaka (the premise,
halachically valid, that a person naturally tends to continue an
established habit; this can last for a defined period or until he
establishes a new habit) of saying Geshem and must go back.
However, if on the first day of Pesach he said from Ata Gibor until

Morid Hageshem

The Laws of Mentioning and Requesting Rain Wind and Dew

119

ninety times, corresponding to three times a day for

thirty days, and subsequently he is in doubt if he included Morid
Hageshem he has the Chazaka that he did not mention Geshem and
does not go back, (ibid.)
Morid Hatal

8)

If a person finished the Amida and realized, according to his

understanding, that he made a mistake and therefore started to
repeat the Amida and while praying he remembers the correct
ruling that in his situation there is no need to repeat, he should
stop immediately even in the middle of a blessing. (Kesh.G. 14)

9)

Individuals who are in need of rain in the summer months should

not 'request' it by Saying Veten Tal Umatar in Birkat Hashanim but
in Shomaya Tefilla. Even a city as large as the former Nineveh or
an entire country such as the whole of Spain or the whole of
Germany are considered as individuals as far as this ruling is
concerned and in such a situation request rain in Shomaya Tefilla.
However, if an individual in a country which requires rain in
all its regions in the summer months mistakenly requested rain
in Birkat Hashanim if he so wishes he may repeat the Amida after
he has finished the first Amida, v. commentaries as a voluntary
prayer, this time omitting Veten Tal Umatar (the request for rain),
however he has no obligation at all to do so. (Sh.Ar. 117)

10)

The Ba'Ch ([Bayit Chadash, important commentary on the Tur, by

Rabbi Joel Sirkis o.b.m.) writes that he has a tradition never
to request rain in times which were not fixed by the Sages of
the Talmud o.b.m. even in Shomaya Tefilla, but on such occasions
one should plead to Gd with fast and Selichot (penitential prayers)
and recite verses and psalms about rain but without requesting
Veten Tal Umatar. He writes further that he heard of two leading
Sages who ruled that Veten Tal Umatar should be requested by the
congregation in Shomaya Tefilla during a period when there was
a serious shortage of rain and they both passed away in that
year, the reason for which was assumed to be that they caused an
unreasonable disturbance in the heavenly order. (Be'er Hetev ibid.)

120

Chapter Thirty-One

11) If one requested rain

back. (Sh.Ar. ibid.)

(Matar)

in the summer months one must go

If one did not request rain in the rainy season (refer to Al

Hashulchan* 1) one must go back even if one requested dew (Tal),
but if one requested rain but not dew one does not go back,
(ibid.)
12) If one did not request rain and realizes one's omission before
Shomaya Tefilla one does not go back but requests Veten Tal Umatar in
Shomaya Tefilla (Rema: and if one is fasting and must say Anenu one
should request rain before Anenu), If one only realizes after Shomaya
Tefilla and has not yet started walking back at the end of Amida then
one goes back to Birkat Hashanim, but if one has started walking
back then one must repeat the whole Amida. Someone who has
finished Amida and does not usually say supplications after Amida,
i.e. Elokai Netzor, even though he has not yet started to walk
back, it is considered halachically as if he has started moving
and he must start the Amida again (v. end of this paragraph). If
one remembers after finishing Shomaya Tefilla but before beginning
Retzeh one says Veten Tal Umatar and then Retzeh. (ibid.)
The ruling that if one usually says supplications after Amida in
which case (as stated above) if one has started to walk back one
must repeat the Amida applies even if one does not actually walk
back but says Yehi Leratzon imrei Phiy for a second time which is
considered halachically as if one started moving. (Mag.Avr.)
13) Someone in doubt if he said Barchenu or Barech Aleinu within the
first thirty days of the relevant season must go back (c.f. para. 7
above). (Kesh.G. Ch.16)

The Laws of Mentioning and Requesting Rain Wind and Dew

121

AL HASHULCHAN

1)

In Eretz Yisrael one commences saying Barech Aleinu on the evening

of the seventh of Marcheshvan and elsewhere sixty days following
the autumn equinox and it is said until the Mincha Amida before
the first day of Pessach. From the Arvit Amida after the first (the
second, for those living outside of Eretz Yisrael) day of Pesach one
says Barchenu. (Sh.Ar. 117,1)

2)

Someone who lives in Eretz Yisrael and travels abroad after the
seventh of Marcheshvan should continue to say Barech Aleinu even
though it is not yet 60 days after the autumn equinox. It is
preferable that he does not act as Chazzan while he is abroad, but
in a situation where has already become Chazzan he should follow
the ruling concerning those living outside Eretz Yisrael when
repeating the Amida. (K.Hachaim ibid. 12,13)

3)

If someone, after saying correctly for thirty days into the

summer season, mistakenly included Morid Hageshem and this
occurred without any doubt once or twice and he therefore
repeated the Amida, and subsequently on another occasion he is
in doubt if he included Morid Hageshem since he has established
a Chazaka by making no mistake during thirty days, even though
he did later make a mistake, he has not lost his Chazaka and
we assume in case of doubt that he said correctly as he was
used to doing in those thirty days; however, if he has no such
Chazaka since he is sure that he made a mistake within those
thirty days, then in case of doubt he must go back. If within
the thirty days he had a doubt and therefore repeated on
account of this doubt and following the thirty days he is again
in doubt he must repeat the Amida but he should first stipulate
that if he did not make a mistake this should be considered a
voluntary prayer but if he did make a mistake this should be
an obligatory prayer. (B.l.Ch. Beshalach 15)

122

CHAPTER THIRTY-TWO
THE LAWS WHICH APPLY BETWEEN Amida AND
YehiLeratzon AND THE LAWS OF BOWING AT THE
END

1)

OF

THE

Amida

One may not interrupt between Amida and Yehi Leratzon in order
to respond to Kaddish and Kedusha because Yehi Leratzon is part of
the Amida, but between Yehi Leratzon and Elokai Netzor one

may.

If one is in the course of saying Elokai Netzor one may respond

to Kaddish and Kedusha in the same way this is permitted even in

the middle of the blessings of Shema. (Sh.Ar. 122)
2)

The verse Yehi Leratzon is a Segulah (blessing) for several matters.

It begins with Yud and ends with Yud, it has 42 letters, and it
has a very profound Kabbalistic meaning, therefore one should
recite it slowly and with concentration and this will help a lot for
one's Amida to be accepted. (B. Het. ibid.)

3)

One bows and while still bowing walks back three steps, then
before straightening up one says 'Ossei Shalom Bimromav* while
turning one's head to the left and 'Ya'assei Shalom Aleinu* while
turning to the right and then one bows deeply towards the front
like a servant taking leave of his master. (Sh.Ar. 123)

4)

One remains standing at the place where one finished the three
steps and does not return to one's place until the Chazzan reaches
Kedusha or at least until the Chazan begins the repetition of the
Amida aloud, (ibid.) The Chazzan, as well as someone praying
alone, remains still for the time it takes to walk four amot before
returning to his place. (Rema, ibid.)

5)

When walking back one should move the left foot first. The length
of these steps should be at least to allow the big toe to be placed
next to the other heel.

Laws which Apply between Amida and Yehi Leratzon

123

Someone who walks back more than three steps demonstrates

haughtiness. (Sh.Ar. ibid) The Chazzan when he finishes the
repetition of the Amida aloud is not required again to walk back
three steps, (ibid.)

AL HASHULCHAN
1)

A Segulah not to forget one's name for the Day of Judgement is to

recite before Yehi Leratzon a verse which begins with the first letter
of one's name and ends with the last letter of one's name. For
example, if one's first name is Ezra one should say the verse
(Isaiah 33,10) 'Atta Akum...: Atta Enasseu (K.Hach. 112,11)
1

2)

Some have the custom of saying before Elokai Netzor the psalm
'Shir Lama'alot Essa Eynai El Heharirn (Psalms 121) and Others have
the custom to say 'Elokim Yechanenu (Psalms 67) in the form
of the Menorah every person should follow his own custom.
There are others who say Rav's prayer which is brought in the
Talmud and includes eleven times the word 'chaim* (life) and
this is a fine custom. Those who have the custom of adding
supplications should again repeat 'Yehi Leratzon , etc. (B.l.Ch.
Beshalach 23)

3)

In the blessing Shomaya Tefilla one can request all one's needs
since this blessing includes all requests. (Sh.Ar. 119,1) (For
example, for a sick person, for livelihood, about a decree and
similar things. There are prepared formulae for such requests,
or one can prepare oneself a suitable formula.)

4)

It is correct to confess in Shomaya Tefilla when one says 'Milfanecha

Malkeinu etc' (Do not send us away empty handed from before
You, our King). This is the short formula: 'Master of the world
I have sinned unintentionally, transgressed to fulfill my desires

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Chapter Thirty-Three

and been insubordinate before You; may it be Your wish to

forgive, pardon and exonorate me for all that I have sinned,
transgressed and been iniquitous before You from the day I was
created until today.' If one wishes one may confess in detail at
length. (K Hack ibid., 3 quoting Sha'ar Hakavanot)

5)

When one adds requests, etc. in the blessing Shomaya Tefilla (for
individual purposes) one should not prolong them. (Sh.Ar.
ibid.,2) Although in the previous paragraph we wrote that one
may confess at length, that means longer than the formula
mentioned but not too long. (K.Hach. ibid, 15) This applies all
the more in the case of a Rabbi when the congregation waits
for him to finish before continuing the service, (ibid., 17)

CHAPTER THIRTY-THREE
THE LAWS OF THE REPETITION OF THE Amida,
SUPPLICATIONS AND THE REST OF PRAYER
1)

When the

repeats the Amida he should also say 'Hashem

but does not say 'Yehi Leratzon' at the end of the
Amida. (Sh.Ar. 123) The reason for this is that he is not reciting
a personal prayer. (B. Het. ibid.)
Chazzan

Sefatai Tifiacti,

2)

One may not speak about profane matters while the Chazzan repeats
the Amida. Anyone who did speak about such matters then is
considered a sinner whose transgression is of unbearable proportion
and he should be
admonished. (Sh.Ar. 124)

Laws of Repetition of Amida, Supplications and the Rest of Prayer

125

One should teach one's small children to answer Amen (after a

blessing or Kaddish) for as soon as a child answers Amen he has a
portion in the World to Come (Olam Haba) (ibid.)
3)

It is prohibited to allow the Chazzan to recite immediately the first

three blessings until Hakel Hakodosh aloud then the middle blessings
quietly and from Retzeh onwards aloud without repeating the Amida.
Some have the custom to do so in Mussaf but this is not correct as
Maran (the author of the Shulchan Aruch) writes in Bet Yossef chapter
234 that in Safed there were people who followed this custom
at the Mincha prayer and several leading authorities of his time
decreed a ban on them and directed that everyone must first
recite the Amida quietly and afterwards the Chazzan repeats the
whole Amida (q.v.); this applies all the more so for the Shacharit and
Mussaf Amidot (KeshG. ch.

18)

4)

A Chazzan who arrives in the synagogue and finds that the

congregation has alreadyfinishedthe quiet Amida and he is required
(as no one else suitable is available) to go to the reader's desk
immediately is allowed to do so and recites the Amida aloud for the
congregation and does not recite the Amida again quietly. (Sh.Ar.
124)

5)

A Chazzan who has recited Amida in private and subsequently finds

a congregation and he needs to act as Chazzan is not required
to recite the Amida quietly as he has done so already but he
recites Amida aloud and should be unobtrusive (about the fact
that he prayed elsewhere). (Kesh.G. ch. 18)

6)

One should not learn during the repetition of the Amida and one
should not join in with the Chazzan in the middle of the blessings
even quietly and certainly one should not raise one's voice louder,
(ibid.)

7)

When reciting Kedusha one should make sure to place one's feet
together so that they should seem like one, and one should have in
mind to fulfill the Mitzva of (Leviticus 22) 'Venikdashti... you shall

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Chapter Thirty-Three

sanctify Me in the midst of the People of Israel.' (ibid.)

The two words 'Nakdishecha Vena'aritzechd should be said aloud and
the rest quietly and 'Kadosh Kadosh Kadosti is answered aloud, (ibid,
quoting the Ah Zal)
8)

Immediately after the repetition of the Amida one says

Viduy (confession) and Nefilat Apayim (supplications), (ibid. 19) In
every Viduy one should commence with Ana Hashem Elokeinu Ve'Elokei
Avotenu, etc. (ibid.) One should bow while reciting Viduy as in
Modim but not when doing so in public as that may cause people
to mock and thereby to sin. Viduy is said standing and even if one
has already confessed and then hears a Chazzan reciting Viduy one
should stand up and again confess, (ibid.)

9)

Someone who is praying alone may not say 'Vayavor and the
thirteen attributes (recited after the Viduy) as a supplication, but
he may read them as they are read from the Torah scroll with
the relevant notes, (ibid, and Sh.Ar. 565)

10)

(penitential prayers) are never recited in the evening prayer

and this would be considered a grave sin, however Viduy can be
recited at any time except for Motzaei Shabbat when Viduy should
not be recited before the halachic middle of the night. (Birkei
Yossef and Kesh.G. ibid.)
Selichot

11) When reciting Nefilat Apayim one should lean on one's left side with
one's face on one's left arm but not on one's hand as that would
cause possible danger. One should not recite the verse 'Vayomer
David el Gad (ibid, quoting the Ari Zal)
12) Someone who hears Kaddish or Kedusha while reciting Nefilat
Apayim may answer, (ibid.) Nefilat Apayim may be recited when
praying alone and in any place and this is correct both from the
straightforward (peshat) and Kabbalistic aspects, (ibid.)
13) On the (fixed) days when

Nefilat Apayim

is not recited it is

Laws of Repetition of Amida, Supplications and the Rest of Prayer

127

neither recited at the preceding Mincha with the exception of

preceding Erev Rosh Hashana and Mincha preceding Erev Yom
Kippur when it is recited, (ibid.)
Mincha

In a house of mourning, even if no mourner is present but services

are held there for the benefit of the departed soul, Nefilat Apayim is
not recited, (ibid, and Birkei Yossef ch. 131)
14) If a circumcision takes place on a communal fast
Nefilat Apayim is not

(Ta'anit Zibbur)

recited nor is Vehu Rachum but

Selichot

and

are recited however the Ba'al Brit (the father of the child
to be circumcised, the Mohel (circumciser and the Sandak (the
person honored with holding the child during the circumcision) are
included in this capacity) does not say the supplications, (ibid.) If
Mincha is recited in a place where the newly circumcised child is
present supplications are not recited, (ibid.)
Viduy

Vehu Rachum

is said with concentration and in a standing position,

(ibid.)
A person who did not stand while saying it has transgressed a
Rabbinic Decree and is called one who has breached the barriers
of Halacha ('poretz geder*). (ch.

134)

15) The Psalm Ashrei Yoshvei Vetecha must be recited with great
concentration and exactness, since the talmudic statement
(Berachot 4b): He who recites Tehilla LeDavid three times a day
is guaranteed (that he is worthy) of a good portion in the World
to Come, applies if it is read with concentration, in fear and
in love of G-d and who knows if he can achieve this properly.
(KeskG.

Ch. 20)

One may recite Kedusha Desidra (the Kedusha in the paragraph Uva
before the two verses Uva Letzion and VaAni Zot Briti if the
Chazzan reached it before one was able to recite these two verses
and in which case one should recite them afterwards, (ibid.)

Letzion)

128

17)

Chapter Thirty-Three

Tefilla LeDavid (Psalm 86) should be recited with intense

concentration and subservience (ibid, quoting the Ari Zal). Aleinu
Leshabeach should be recited standing with awe, fear, concentration
and joy. (ibid.)

AL HASHULCHAN
1)

The straightforward reason why the Chazzan repeats the Amida is

to allow anyone who is unable to recite it on his own to fulfill his
obligation, but this is not the main reason, for in the Kabbalistic
writings of our great teacher the Ari Zal it is explained that all the
Tikkunim (spiritual emendations) which were made in the quiet
Amida are formed again in the repetition of the Amida, only the
repetition reaches a higher and more exalted place than reached
by the quiet Amida and the repetition should never be cancelled
except in extreme circumstances such as if no time remains
or there are exactly ten people present and it is obvious that
some of them will not pay attention to the repetition nor will
they answer Amen, in which case the Chazzan should (directly)
recite the first three blessings aloud (while the congregation is
praying quietly) in order that Kedusha may be recited, and then
he finishes quietly. (B.l.Ch. Teruma 2)

2)

The congregation should concentrate well on the blessings of

the repetition since if nine people are not paying attention to
these blessings they are almost considered to be in vain and
therefore the Chazzan should raise his voice in every blessing so
that the congregation should hear it well, and a congregation
should not appoint a Chazzan who has a soft voice, (ibid. 1)

3)

When the Chazzan reaches Nakdishecha everyone should walk three

steps forward to the place where they were standing during
the quiet Amida, close their eyes, and answer with complete
concentration. They should jump up slightly when saying
Kadosh and at Baruch and Yimloch but should not jump much

Laws of Repetition of Amida, Supplications and the Rest of Prayer

129

as that might cause people to mock and the jump should be

with the heels and body upwards, (ibid. 4,5,6)
One does not answer Kadosh until the Chazzan has said 'Veamar
nor does one say 'Baruch' until the Chazzan has said the word
'Veomrirn, nor 'Yimlocti until the Chazzan has said 'Le'mor , as if
one answers in these cases before the Chazzan it is similar to
a precipitated Amen (v. supra Sh. Hamelech 23,22). (ibid. 8)
Someone who did not hear the Chazzan reciting the beginning of
but heard the congregation answering Kadosh, Kadosh etc.
should answer with them to the end. (ibid. 9)

Kedusha

Someone who finishes his Amida before the Chazzan has finished
his quiet Amida should not speak nor study even Torah between
the quiet Amida and the repetition but should stand still and
wait for the Chazzan to begin the repetition, neither should he
study during the repetition but should concentrate on what the
Chazzan is saying. He should remain standing throughout the
repetition, but if he is old or sick and has a weak constitution
which makes it difficult for him to stand then he may sit. The
Chazzan does not need to wait for people who prolong their
Amida considerably, (ibid. 10)
Everyone must recite the whole Viduy even if he knows that he
has not comitted some of the transgressions mentioned therein
since all the People of Israel are like one body and they are all
responsible for each other, especially if he had the possibility
to rebuke someone comitting a sin and failed to do so that
the sin, as the Talmud (v. Shabbat 54b) states, bears his name;
furthermore, he must confess to sins comitted in previous
incarnations and who knows what he may have done then,
perhaps he transgressed everything stated in the Viduy, and that
is what is meant when we say at the beginning of Viduy 'we and
our fathers have sinned' the previous incarnations are called
the 'fathers' of the present body. And there is yet another reason
for reciting the whole Viduy, namely that a person is sometimes

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Chapter Thirty-Three

judged stringently according to the results of his actions and

there are sins which are insignificant in the eyes of many people
but are, in fact, very serious, as the Sages of the Talmud say
(Bava Metzia 58) 'a person who makes his friend's face turn
white by shaming him in public is considered as if he comitted
murder' and (Zohar Pt. 1,27b) 'a person who becomes angry is
considered as if he served idols' and many more examples. It
is therefore understandable for all these reasons that everyone
is obliged to include all the details when reciting Viduy (B.l.Ch.
Ki Tisa 1)

8)

Viduy is recited standing, the same applies to the additional

supplications recited on Mondays and Thursdays, and one
should not lean on anything which if it were removed one
would fall, however someone who is elderly or sick may support
himself. Someone who is present when a congregation is reciting
Viduy should join them even if he has already recited Viduy at least he should say with them Chattanu, Avinu, Pasha'anu (we
have sinned, been iniquitous and been insubordinate) which is
a general and brief Viduy. (ibid. 7)

9)

It is forbidden to mention the Thirteen Attributes at night,

therefore those who recite the Mincha prayer at the end of the
day just before sunset and at the moment they reach Viduy the
sun has set for thirteen minutes after the time of sunset, which is
the period of twilight (Bein Hashmashot\ they recite only Viduy and
omit the Thirteen Attributes, (ibid. 8, v. K. Hach. 231,27)

10) If the congregation is troubled by an impending danger and

during that time a circumcision takes place it is a correct practice
to recite the Thirteen Attributes of mercy with concentration
between the Mila (cutting the foreskin) and Priya (splitting the
membrane) as this is a good segulah (blessing).
One should take care when reciting the Thirteen Attributes
to make a clear pause between Hashem asnd Hashem for this
has a profound Kabbalistic meaning, (ibid. 11,12). In order to

Laws of Repetition of Amida, Supplications and the Rest of Prayer

131

understand the Thirteen Attributes it is recommended to study

in depth the ethical work 'Tomer Debord by Rabenu Moshe Cordovero
Zatzal.

11) Nowadays we and this includes even learned people - do not

have the custom of placing our faces on our arms during Nefilat
Apayim nor do we have special Kavanot (deeper devotions) in this
supplication but we recite the Psalm (25) 'LeDavid Elecha Nafshi

quietly and even this must be done with great care because
of what the Holy Zohar writes about reciting this psalm. This
is also the custom of the righteous men of Beit El in Jerusalem
and that of Chaleb and all Sephardi communities, and everyone
should avoid placing his head on his arm. (ibid. 14)

Essa*

12) Some have the custom of reciting Nefilat Apayim only in a place
where there is a Holy Ark with a Sefer Torah (scroll of the Law)
or in the gallery of a synagogue, but according to Kabbala this is
not correct and one should recite Nefilat Apayim anywhere, even
when alone. Nefilat Apayim is not recited at night nor at a time
it is doubtful if it is night such as during twilight (ibid.)
13) The prayer lEin Kelokeinu is a very great praise and has great
Kabbalistic meaning and should be recited slowly. It is followed
by Pitum Haketoret (the composition of the incense offered in
the Holy Temple) recited with great concentration and of
which many magnificent praises are written. Then the Kaddish
'Al Yisrael' is recited; it is known as the orphans' Kaddish (Yatom) as
it was instituted for orphans to recite in order that their father's
.or mother's soul should rest in peace and it has great benefit
for the soul to be saved from judgement and punishment and
to raise it from level to level - this is the reason it is recited
on every Yahrzeit (anniversary of the death of a parent) even
many years after the death. It was the custom of the Ari Zal to
recite it every year on the anniversary of his father's death (his
mother was still alive), (ibid. 18)
14) There are various opinions among the authorities if

Tachanun is

132

Chapter Thirty-Four

recited when there is a Bar-Mitzva in the synagogue. The custom

is not to recite Tachanun if on that day the boy reached the age
to be obligated in Mitzvot and he puts on Tefillin. (Sefer Halacha Pt.
2 p.121)
15) It is forbidden for anyone to leave out any part of the prayers,
whether Viduy or any other detail, unless there is a valid halachic
reason because he is risking thereby the possibility of damaging
the upper worlds; if he is in some place where they leave out
Viduy because of the passing of a Rabbi or similar reason, he
should not follow their example but should recite Viduy on his
own. (ibid.)
16) It is the custom not to recite Viduy and Nefilat Apayim in the house
of a mourner (may G-d spare us from this) nor in the house of
a bridegroom, nor in a synagogue on the day of a circumcision
or when a bridegroom is in the synagogue. (Sh.Ar. 131,4)

CHAPTER THIRY FOUR

SOME OF THE LAWS OF Ya'aleh Veyavo IN Amida; THE
LAWS OF Mussaf, IF A chazzan MAKES A MISTAKE; AND
THE BLESSING OF THE Kohanim
1)

If one forgot to include Ya'aleh Veyavo in the evening Amida of

Rosh Chodesh, and this applies equally to the second evening of
Rosh Chodesh, one does not repeat it. (Sh.Ar. 422) However if one
omitted
Ya'aleh Veyavo in the morning Amida or afternoon (Mincha) Amida one
must repeat that Amida, but if one realizes the omission before

Some Laws of Ya'aleh Veyavo in amida; Laws of Mussaf

2)

133

starting Modim one recites it at that point, (ibid.)

If one said Baruch Ata Hashem and before continuing Hamachazir etc.
one realizes that one forgot Ya'aleh Veyavo one says 'Lamdeni
Chukecha* as one who recites the verse (v. Psalms 119), and then
Ya'aleh

after which the blessing Baruch Ata Hashem Hamachazir

etc. is recited. However, if this happened at night, in
which case if Ya'aleh Veyavo was omitted it is not required to repeat
the Amida, after saying Baruch Ata Hashem and then realizing one's
omission one continues directly Hamachazir Shechinato etc. (Kesh.
a 21)
If one only remembers omitting Ya'aleh Veyavo after beginning
Modim and has not yet finished Amida one goes back to Retzeh, and
if one remembers after finishing Amida after Elokai Netzor but before
Yehi Leratzon one also goes back to Retzeh, but if one has already
said Yehi Leratzon, even though one has not yet started to walk
back this is considered as if one had already started to walk back,
and one must start the Amida again. If one is not accustomed to
recite Elokei Netzor, here again, if one has said Yehi Leratzon even
though one has not started to walk back this is considered as
if one has already awalked back and one must recommence the
Amida; and if one realizes before saying Yehi Leratzon then one
goes back to Retzeh as Yehi Leratzon is part of the Amida. (Sh.Ar.
422) This ruling applies in all cases when one is required to go
back, v. sup. chapter thirty one, paragraph twelve.
If one included a special prayer in the blessing Shomaya Tefilla and
mentioned therein Rosh chodesh and subsequently forgot to say
Ya'aleh Veyavo one does not have to go back. (Kesh. G. 21)
If one omitted Ya'aleh Veyavo in the Shacharit Amida and only realized
this omission after reciting Mussaf then one recites the Mincha
Amida twice. This applies only if one realizes after the correct
time for reciting Shacharit Amida has passed (v. sup. chapter 27,
paragraph 1) but if one realizes before this time one should recite
the Shacharit Amida again immediately, (ibid.)
Someone who began the Mussaf Amida and recited the first three
blessings with the intention of continuing the Mussaf Amida and
then realizes that he had omitted Ya'aleh Veyavo should continue
Veyavo

Shechinato

3)

4)

5)

6)

134

7)

8)

9)

Chapter Thirty-Four

with the rest of the Shacharit Amida even though the first three
blessings were recited for the purpose of Mussaf. (ibid.)
Someone who is in doubt if he included Ya'aleh Veyavo must go back even
if he realized it was Rosh chodesh shortly before reaching the point
where Ya'aleh Veyavo should have been said, and he does not have
to repeat the Amida as a Nedava (voluntary prayer v. sup. chap.
29) (ibid.)
In all cases that an individual is required to go back or repeat the
Amida the same ruling applies to a Chazzan if he made a mistake
in the repetition of Amida except for Shacharit on Rosh Chodesh,
when, if the Chazzan forgot Ya'aleh Veyavo and did not say it before
finishing the repetion of the Amida, he is not required to repeat
it, in order not to cause the congregation inconvenience since he
will in any case mention Rosh Chodesh in the Mussaf Amida; however
if he did remember before finishing the repetition of Amida he
goes back to Retzeh and this is not considered an inconvenience for
the congregation. The previous ruling only concerns Shacharit but
at Mincha even if he has finished the Amida having forgotten
Ya'aleh Veyavo he must go back again to the beginning. (Sh.Ar.
126) If the Chazzan made a mistake in his quiet Amida he is not
required to repeat it so as not to inconvenience the congregation,
but if he made a mistake in the first three blessings he does
repeat.
When

Rosh Chodesh

falls on

Shabbat

and one said

HaShabbat Hazeh Veyom Rosh Chodesh Hazeh and

did

Et Musaf Yom
not

say

Et

(the plural form) one does not have to repeat since one
has already mentioned Shabbat and Rosh Chodesh, but if on Rosh
Hashana (the New Year) one said Et Musaf and not Et Musfeh one
must repeat as one does not mention Rosh Chodesh specifically on
this occasion and otherwise it is not apparent that one is including
this additional offering. (Kesh.G. 24)
10) If one said Et Musfeh instead of Et Musaf (which is the correct form
for that occasion) one does not repeat, (ibid.)
11) If one recited Mussaf Amida instead of Shacharit Amida thinking
that one had already recited Shacharit and afterwards realized
that one had omitted Shacharit, one is only obliged to recite the
Shacharit Amida as one has already fulfilled the obligation of Mussaf.
Musfeh

Some Laws of Ya'aleh Veyavo in amida; Laws of Mussaf

135

However, if when one recited Mussaf one had the intention of

reciting Shacharit but one unintentionally spoke out the Mussaf
Amida, then one must recite both the Shacharit and the Mussaf Amidot.
(ibid.)
If one recited the Shemoneh Esreh, the regular form of the Amida,
instead of the Mussaf Amida and mentioned Ya'aleh Veyavo in its
correct place (following Retzeh) then one should have the intention
of being exempted with the Chazzan's repetition of the Mussaf Amida.
(ibid.)
Someone who forgot to recite the Arvit Amida on Motzaeh
Shabbat (Saturday night) should recite the Shacharit Amida twice
the following morning, only mentioning Ata Chonantanu in the first.
(Radvaz quoted by Kesh.G. 22)
If, on the Shabbat of Choi Hamo'ed (the intermediate days of Pessach or
Sukkot), one recited the Mussaf Amida of Choi Hamo'ed without
mentioning Shabbat but one remembered to end the blessing
Mekadesh HaShabbat VeYisrael VeHazmanin one does not have to go
back and similarly if one recited only the Mussaf Amida of Shabbat but
included the relevant Ya'aleh Veyavo after Retzeh one does not go
back. (ibid. 24) When Rosh chodesh is two days and one forgot to
include Ya'aleh Veyavo in the Mincha Amida of the first day and in the
Arvit Amida of the second day one again forgot to include Ya'aleh
Veyavo even if one did include it in the compensatory Amida one
does not repeat. Similarly if one forgot to recite the Arvit Amida of
Rosh Chodesh and when one recited the compensatory Amida the
next morning one forgot Ya'aleh Veyavo one does not repeat. (Kn.
Hag. quoting Maharit and his supporters and Peri Chadash quoted by
Kesh. G 22)

AL HASHULCHAN
If the Chazzan makes a mistake and leaves out one of the
blessings of the Amida we remind him and he goes back to the
correct place, and we do not remove him from his position.
However, if he omits the blessings Laminim Velamalshinim he should

Chapter Thirty-Four

be removed immediately from his position as he may be an

apikorus (non-believer); if he began this blessing correctly but
afterwards made a mistake he is not removed. (Sh.Ar. 126)
This blessings was instituted by the Sages of the Talmud as
a result of the spread of christian missionaries in the time
of Rabban Gamliel as is explained in Tractate Berachot, therefore
when one recites this blessing one should have them in mind as
they continue to turn people away from Judaism.
A Chazzan who denies one of the thirteen Principles of Faith
such as the revival of the dead, the future redemption, that
the Torah is G-dgiven, reward and punishment or any other
principle is considered an apikorus and it is forbidden to allow
him to continue as Chazzan; if he forcibly remains one does not
answer Amen after his blessings and prayers. (K Hach. ibid. 3)
If he is known to have committed sins one should consult an
important rabbinical authority as how to proceed, (cf. Responsa
Sha'areh Ezra part 1, chapter 5)
If a Chazzan makes a mistake and becomes confused and thereby
he is unable to go back to the correct place even when reminded,
one should replace him with another Chazzan, preferably someone
who concentrated on all the repetition of the Amida until this
point and he should start from the beginning of the blessings
in which the first Chazzan made his mistake if this happened
in one of the middle blessings; if the mistake was made in
the first three blessings the replacement Chazzan returns to the
beginning of the Amida and if in the last three blessings he
returns to Retzeh. (Sh.Ar. 126 and v. Bet Yossej)

A Chazzan who is acceptable to the congregation but he is

crippled and is forced to pray seated in a wheelchair is permitted
to function as a Chazzan. (A decision from a responsa which I
shall, with G-d's help, publish in the second volume of Sha'areh
Ezra.

E.B.)

Every Kohen who blesses the congregation receives a Divine

blessing and it is a good practice to perform the priestly
blessing every day and to introduce this to all communities as
thereby much abundance is brought about, and it contains deep
Kabbalistic secrets happy is the person who merits to perceive

Some Laws of Ya'aleh Veyavo in amida; Laws of Mussaf

137

them! If a Kohen does not have a valid halachic reason to prevent

him from giving the blessing and he does not go up to
the Duchan (place where the blessing is recited) he definitely
transgresses a positive commandment and is considered to have
transgressed three commandments if he was in the synagogue at
the moment the Chazzan called out Kohanim* or he was explicitly
asked to go up or to wash his hands prior to giving the blessing.
(B.l.Ch. Tetzaveh 4)
Even though the Kohanim washed their hands in the morning
they must wash them again properly until their wrists before
pronouncing the priestly blessing. A Levi who should wash
his own hands beforehand pours the water on their hands,
and if no Levi is present a Yisrael who is his mother's firstborn
should do the pouring, and if there is no such firstborn the
Kohanim wash their own hands, but not a Yisrael. A Levi who is a
Talmid Chacham (a Torah scholar) does not pour for Kohanim even
when some are Torah scholars and others are unlearned; this
applies also when there is no other Levi present, (ibid. 7)
Every Gdfearing Kohen should take care not to touch the
normally covered parts of the body after washing his hands in
the morning, since there are some authorities who require him
to recite a blessing when washing for the priestly blessing if he
touched one of these places. Some authorities also require for
this washing that the water used should be pure and unprocessed
and should reach the hands of the Kohen by the force of someone
pouring (cf. Sh.Hamelech sup. ch.3 para. 6) and that the washing
immediately precedes the blessing, therefore the Kohen should,
when possible not pause for the time it takes to walk twenty-two
amot (approximately 10.5 meters) between washing and reciting
the priestly blessing, (ibid. 8)
1

When the Chazzan begins reciting Retzeh every Kohen in the

synagogue should move from his place to go up to the
Duchan (usually a platform or a space in front of the Holy Ark)
and even a Kohen who is already standing there should move his
feet during Retzeh; anyone who did not move his feet before the
Chazzan completed Retzeh should not go up to recite the priestly
blessing, and if he moved after the Chazzan finished Retzeh, i.e.

138

Chapter Thirty-Four

if he already said Hamachazir Shechinotoh LeZion, then even if the

Kohen went up to the Duchan he must go down. (ibid. 9)
8) If the Chazzan began the repetition of the Amida with ten people
present and some left before the priestly blessing then the
Kohanim do not recite their blessing (as no Minyan of ten is
present), but the Chazzan does instead recite Elokeinu Ve-Elokei
Avoteinu Barchenu Bivracha Hameshuleshet which is a part of the
repetition of Amida: since there were ten present at the beginning
of the repetition he may also include this blessing, (ibid. 11)
9) When the Kohen moves from his place to go up to the
Duchan he says the following prayer: Leshem Yichud Kudesha Berich Hu
Ushechinteih, etc. I am about to fulfill the positive commandment
of blessing Jewish people with the priestly blessing to give
pleasure to our Creator and to bring plenty and blessing to all
the worlds, etc.
When the Kohanim are standing on the Duchan after answering
Modim Derabanan (before the priestly blessing) they say: May it
be the will of our G-d and the G-d of our Fathers that this
blessing which You commanded us to bless Your people Israel
be a complete blessing without any fault or sin resulting from
it from now on for ever. They extend this prayer until the
Chazzan finishes Lecha Naeh Lehodot in order that the Amen of the
congregation should include both. (ibid. 12)
10) For the purpose of the priestly blessing it is not necessary to
have a Sefer Torah present any place which is used for praying
is suitable for pronouncing the priestly blessing. The custom in
Jerusalem is to recite the priestly blessing even in a house of
mourning, and the custom of 'Bet-Ef is to recite this blessing
on Tisha Be'Av even at Shacharit and this is also the custom of
certain synagogues in Jerusalem. However most congregations
recite the blessing on Tisha Be'Av only at Mincha. When a Kohen is
in mourning some have the custom that he goes out of the
synagogue when the Chazzan calls out 'Kohanim', and only after
the seven days of mourning does he again recite the priestly
blessing. Others have the custom that even in the seven days
of mourning he recites the blessing (and this is the Jerusalem
custom), (ibid. 13,22)

Some Laws of Ya'aleh Veyavo in amida; Laws of Mussaf

139

11) A Kohen who has not yet prayed in the morning and finds a
congregation still praying should recite the priestly blessing if
the time allows (i.e., he will be able to recite his own Amida within
the correct time), and it does not matter if he did not recite
the Amida yet; if he was told to go up then he must do so
even if there is not sufficient time left to afterwards recite his
own Amida, as the priestly blessing is a Torah obligation and
Amida a Rabbinic one. (ibid. 20)
12) A Kohen who is in the middle of reciting the Shema and senses
that the Chazzan is approaching the priestly blessing should
hurry up to finish the Shema on his way to the Duchan in order
to finish it before beginning the blessing. If he is unable to
finish it before he begins the blessing he should recite the
blessing between the portions of Shema. If he is holding in
the blessings of Shema he should not commence the Shema but
should first go up between the blessings to recite the priestly
blessing; and if he is in the middle of Amida, since he did not
move his feet at 'Retzeh', he should not go up. (ibid. 21)
13) Some places have the custom that the Kohanim commence by
themselves with the word 'Yevarechecha' and the Chazzan only
begins reading out before them from the words 'Hashem,
Veyishmerechd, and this is the ruling of Maran in the Shulchan Aruch.
However other authorities hold that the Chazzan should also
read out the word 'Yevarechecha' and there is reason to be strict
in this matter. Those who follow the first opinion must pay
attention to answer Amen to the blessing 'YisraelBe'ahava' before
the Kohanim commence Yevarechecha. According to Kabbala it is
correct for the Chazzan to read out Yevarechecha and that is the
custom of the righteous men of Bet-El in Jerusalem, (ibid. 1)
14) The Kohanim should mount the platform in front of the Holy
Ark as this is called the Duchan and they should not stand on
the ground below it (ibid. 5) unless the whole platform is full
up with Kohanim.
15) The Kohanim raise their hands above their shoulders so that their
hands are opposite their heads. The right hand is raised a little
above the left in order that the attribute of mercy (represented
by the right) should overpower the attribute of judgement

140

Chapter Thirty-Four

(represented by the left). They spread out their hands and divide
their fingers to make five spaces in the following manner: they
separate each group of two fingers from the other on each hand,
and the thumbs from the fingers and leave a space between the
thumbs; the palms of their hands face the ground and the backs
of their hands face the heavens, (ibid. 14)
16) When the Kohanim mention the name of G-d the congregation
answers Baruch Hu Uvaruch Shmoh and at the end of every verse they
answer Amen, but only after the Kohanim have finished reciting
the relevant verse. The Chazzan does not answer Amen after the
priestly blessing nor after the blessing 'Levarech Et Amo Yisrael
Be'ahavd even though he is confident that he will not thereby
become confused, (ibid. 15)
17) When the Kohanim go up to the Duchan they face the Holy
Ark with their backs to the congregation and commence the
blessing 'Asher Kiddishanu, etc. then they turn their faces towards
the congregation and finish the blessing 'Beahava'. When the
Chazzan later begins 'Sim Shalom* they turn again towards the
Ark and recite the following prayer:
'Master of the Universe we have fulfilled that which You
have commanded us, please do that which You have promised
us,Look down from Your holy place in the heavens and
Bless Your people Israel...' This verse is not completed. They
prolong the recital of this prayer in order that the Amen of the
congregation should include their prayer as well as the Chazzan's
Hamevarech Et Amo BaShalom.

Each time they turn it should always be towards their right,

(ibid. 16)
18) The Chazzan does not call out 'Kohanim' until the congregation
has finished Amen in response to the blessing 'Lecha Na'eh Lehodot\
and the Kohanim may not begin the blessing Asher Kiddishanu, etc.
until the Chazzzan has finished calling out 'Kohanim', nor may they
begin Yevarechecha until the congregation has finished answering
Amen to their blessing, after Be'ahava. They may similarly not
begin any word of the priestly blessing until the Chazzan has
finished calling out that word and the congregation may not
say Amen until the Kohanim have finished the respective verse,
(ibid. 17)

Some Laws of Ya'aleh Veyavo in amida; Laws of Mussaf

141

19) In a situation where the Chazzan is also a Kohen and there are
other Kohanim present he does not recite the priestly blessing,
but if he is the only Kohen present and he feels capable of
subsequently continuing the repetition of the Amida without
being confused he recites the priestly blessing in order not to
leave out the priestly blessing from that prayer, and someone
else calls out the words of the blessing. When the Chazzan is
a Kohen and other Kohanim recite the priestly blessing, here
also someone else calls out the words of the blessing and the
Chazzan remains silent until Sim Shalom, (ibid. 18)
20) While the Kohanim are reciting the blessing the congregation
face the Kohanim but do not look at them, rather they should
close their eyes and not think about other matters, just as if
they were reciting Amida, and they should concentrate on the
blessing, (ibid. 19)
21) The people standing begind the Kohanim are not included in
the blessing nor are those standing to their sides, unless they
stand within the space to the front of the Kohanim as it is not
an obligation to be directly in front of the Kohanim, although
that is recommendable. (ibid. 19)
22) If someone enters the synagogue for a certain purpose and
at that moment the Kohanim are blessing the congregation he
should stop and listen and should not leave until they have
finished.
A Kohen who has already once recited the priestly blessing that
day may recite it again in another Minyan (quorum), (ibid.)
23) The priestly blessing is not recited at Mincha except on a Ta'anit
Zibbur (public fast) when it is usual to pray late. Preferably it
should be recited half an hour before sunset, however those
who recite it earlier should not be admonished as there is a
basis for their custom, (ibid. 23)
24) There are six factors which can prevent a Kohen from
being allowed to recite the priestly blessing: 1) language 2)
disfigurement 3) sin 4) age 5) wine 6) impurity of hands. We
will explain each one briefly.
1) Language refers to a Kohen who stammers and is unable to
pronounce the words clearly, in such a way that he distracts

142

Chapter Thirty-Four

the attention of the congregation from the blessing; however if

he recites the blessing together with other Kohanim and does not
raise his voice this is permitted. (S. Halacha chapt. 19:3,4)
25)-2pisf1gurement refers to a Kohen who has a prominent
disfigurement which distracts the attention of the congregation,
however if they are accustomed to it or it is covered by his
tallit he is permitted to recite the priestly blessing, (ibid. 5)
26) 3$>in refers to a Kohen who married a woman prohibited to him
or defiled himself by coming into contact with dead people or
he killed someone or converted to another religion or became
profaned from the priestly lineage as the result of his father's
marriage to a divorced woman. Other sins do not remove
from him the obligation to fulfill the positive commandment
of reciting the priestly blessing, even if he has not yet repented,
(ibid. 6)
A Kohen who killed someone in a car accident in an almost
unavoidable situation and has repented is permitted to recite
the priestly blessing. (This ruling is part of a responsum to be
published in the second volume of Sha'areh Ezra)
27) -4)Age refers to a Kohen who is still a minor and may not go up to
the Duchan alone only with other Kohanim in order to educate
him in this Mitzva. If he already has two pubic hairs he may go
up, but not on a regular basis, and once he has the trace of a
beard he goes up regularly, (ibid. 7)
An unmarried Kohen is obliged to recite the priestly blessing,
(ibid. 10)
28)5)Wine refers to a Kohen who drank a revi'it (86 grams) of
concentrated wine in one time, or more than a revi'it of diluted
wine even with several intervals, may not recite the priestly
blessing.
6)Impurity of hands refers to a Kohen who did not wash his
hands in the morning, (ibid. 8,9)
29) The Kohanim may not go up wearing shoes, but they may do so
in their socks. (Sh.Ar. 128,5)
30) If there are many Kohanim they should try to recite the blessing
together and finish it together so that the congregation can
answer one Amen to their blessing. However, if one Kohen finishes

Laws concerning those Called to the Reading of the Torah

143

before the others and someone from the congregation standing

nearby hears him he answers Amen to this Kohen's blessing and
then again to the blessing of the other Kohanim; if someone
hears two Kohanim finishing, one immediately after the other,
he answers Amen Veamen. (S. Halacha p. 98,38)
31) A congregation consisting uniquely of ten Kohanim all go up to
the Duchan and have in mind to bless the Jewish People. If it
comprises more than ten Kohanim then ten Kohanim remain in
their places and the rest go up to the Duchan, and the Chazzan calls
out the words of the priestly blessing to them. (ibid. 51)

CHAPTER THIRTY-FIVE
THE LAWS CONCERNING THOSE WHO MAY
OR MAY NOT BE CALLED TO THE READING
OF

1)

THE

Torah

A Kohen who is called to the Reading of the Torah while he is

reciting the Shema does not go up, even if he is called by name, and
even if no Other Kohen is present. If, however, he is reciting the blessings
of Shema or Pesukei Dezimra he should interrupt to go Up. (LeDavid
Emet ch. 5) In the book Kesher Godal chapter eleven (q.v.) the
Chida writes that one should not go up if called neither during
Shema nor during its blessings and in the book LeDavid Emet it
should read 'and also if he is reciting the blessings of Shema the
Kohen does not go up.' {*AlHashulchan : See responsa RavPe'alim part
two Orach Haim 16 who gives the ruling that the Kohen may go
up during the blessings of Shema if he is called by name, and
that was also the decision of the responsa Shearit Yossef part three
9

Orah Chaim 2)

144

2)

3)

4)

5)

6)

Chapter Thirty-Five

When no adult Kohen is present then a Torah scholar is called

up first to the Reading of the Torah even if a FKohen who is a
minor is present, but if no Torah scholar is present then a Kohenminor is called up first even on Shabbat and Yomtov. However
when there is no Levi present other than a minor, the Kohen who
was called up first is called again in place of the Levi, (ibid.)
When there is no Kohen present and there are two Torah scholars
in the synagogue, one elderly and the other unmarried, then the
one who is greater in knowledge is called up even though he may
be much younger, (ibid.)
If the only Kohen present is unlearned but if one reads out for him
word by word he is able to repeat it and he also knows the form
of the letters he may be called up, but if not, he does not go
up.
If, after an unlearned Kohen went up as one of the seven obligatory
people called on Shabbat to the Reading of the Torah, it is discovered
that he does not know the form of the letters then someone else
must go up to complete the quorum of seven.(ibid.)
A Kohen who is in mourning during the week of mourning is
forbidden to read from the Torah scroll, but on Shabbat he may go
up. (ibid.)
A Kohen who is not fasting should not be called to the Torah on a
Ta'anit Zibbur (public fast) but he should go out of the synagogue
and even if he called he does not go up. This ruling applies
certainly also to a Yisrael who is not fasting. Even when there
is no other Kohen in the synagogue one who is not fasting does
not go up. However when the public fast falls on a Monday or
Thursday since they are days when the Torah is an any case read,
he may go up. (ibid.)

AL HASHULCHAN
1)

In a congregation where this is indicated one should clarify

(in a gentle manner) on a public fast if there are sufficient
people fasting, and if the people to be called to the Reading of
the Torah are fasting. It would not however be appropriate to

Laws of the Blessings Recited by those Called to the Torah

2)

3)

145

enquire among Torah scholars so as not to embarrass them, as

in general they all fast. (v. resp. Sha'areh Ezra O.Ch. 36)
It is not correct to call up for maftir a Kohen who was already
called to the Sefer Torah in the same service even on a day when
there are two scrolls, and the same applies to any person who
was already called, that he should not be called again. However
if they did go up for a second time one should not embarrass
them and make them go down as one can in this situation rely
on the lenient opinions who permit this post facto in extremis, (ibid.
Ch.ll)
One should not call up two brothers to the Reading of the
Torah one immediately after the other, nor father and son, even if
one receives shevi'ih (the seventh portion) and the other maftir (the
additional portion). (Sh.Ar. 141,6) This applies only if they are
both called to the same Sefer Torah, but on a Shabbat or Yomtov
when we read from two scrolls they may each be called to one of the scrolls
even if one is called following the other. There is a difference of opinion among
the authorities if a grandson may be called to the same scroll following or
before his grandfather and those who are particular should avoid this situation.
(Bet Simcha p.

87)

CHAPTER THIRTY-SIX
THE LAWS OF THE BLESSINGS RECITED BY THOSE
CALLED TO THE Torah
1)

When reciting the blessing over the Torah reading one should hold
the parchment by means of the mappa (cloth) with both hands and
after one finishes the blessing one releases one's left hand and
keeps holding with
the right hand throughout the reading. (LeDavid Emet ch. 6)

146

2)

Chapter Thirty-Six

Someone who inadvertently recited the blessing 'asher natan lanu

Torat Emet' before the Torah reading but did not yet finish it, should
immediately recite the correct blessing 'asher bachar band without
repeating Baruch Atta Hashem etc. beforehand; if he did already
finish this blessing then he recites '...asher bachar band etc. after the
reading instead, (ibid.)
,

3)

If someone is called to the Reading of the Torah before he has

recited Birkat Ha-Torah (the blessing over the Torah as a part of
the daily morning blessings) for himself he goes up and recites
the blessing over the Torah reading and is thereby exempted from
reciting again 'asher bachar banu etc/ - he needs only to recite the
blessing 'asher kideshanu etc' and 'veha'arev na etc' as part of the
morning blessings, (ibid.)

4)

Someone who has just recited Birkat HaTorah and is called to the
Reading of the Torah should go up and again recite the relevant
blessing, (ibid.)
One should take great care to recite Barechu and the blessings
aloud and those who recite them quietly are mistaken; some
authorities hold that if they were recited quietly they must be
repeated. (Sh.Ar. 139) The congregation may answer Amen to the
blessings when they were recited quietly. (LeDavid Emet 10c. cit.)

5)

Someone who did not hear Barechu (before Shema) but heard it
recited by a person called to the Torah reading has fulfilled his
obligation, (ibid.)

6)

If someone recites the blessing over the Torah reading and reads a
few verses and then interrupts by speaking words of Torah or even
with profane conversation he is not required to repeat the blessing.
However, if he speaks between the blessing and the beginning of
the Torah reading he must repeat the blessing, (ibid.)

7)

A mashlim (the person who finishes reading the portion of the week)

Laws of the Blessings Recited by those Called to the Torah

147

who finished reading his portion and started to recite Kaddish and
then realized that he forgot to recite the blessing after the reading
should finish Kaddish and then recite the blessing, (ibid, and Birkei
Yossefch.

282)

8)

A person who was called to the Reading of the Torah and was shown
the place to be read and he recited the blessing, whether he began
reading or not, and then remembered that a different portion
should be read and he rolled the Sefer Torah to the correct place
is not required to repeat the blessing; even though Maran (the
Shulchan Aruch) does require another blessing we follow the rule
concerning blessings that it is better to remain passive (shev
ve'al ta'aseh) and this was also the ruling of my teachers, (ibid.)

9)

If someone was called to the Reading of the Torah in another

synagogue and later came to his synagogue where he happened
to be called to the same portion he must again recite the blessings
over the Torah. (ibid.)

10) If the Chazzan mistakenly read only two verses from the Torah scroll
and the person called up (the 'oleti, plural 'ohm) recited the blessing
after the reading he must read again at least three verses with the
same oleh reciting the blessings before and after this reading. If
the two verses which were first read were at the beginning of
that day's portion they must be repeated in order that latecomers
should not mistakenly think that reading two verses for a portion
suffices (v. Talmud Megilla 22a). This, however, only applies on
Mondays, Thursdays and at the Mincha service on Shabbat, when
no more than three people are called to the Torah reading, but
at the Shacharit service on Shabbat when more than seven people
may be called up, another person is called and the oleh for whom
the two verses were read is not counted. (This is the Chida's ruling
in Birkei Yosef ch. 138,

q.v.)

11) If a verse was omitted and this occured on Monday, Thursday

or at Mincha on Shabbat and ten verses were read not including
the verse omitted then one does not go back, but if less than

148

Chapter Thirty-Six

ten verses were read then one does go back. However, if this
occured at Shacharit on Shabbat, even when one verse was omitted
one must go back to read it together with two other verses and
the blessings are recited before and after this reading; this applies
even if the Haftora has already been read and the Mussaf service
recited, (ibid and Sh.Ar. ch. 137)
12) If there is no Kohen present in the synagogue and a Yisrael begins
to recite the blessing before the Torah reading and at that moment
a Kohen enters the synagogue, the Yisrael does not interrupt and it
is not necessary to call up the Kohen after him - the Yisrael is
counted as the first of the seven olim and he is followed by other
Yisraelim to complete the quorum. However, if the Kohen was in
the synagogue the whole time and by mistake the Yisrael recited
the blessings and read the first portion he is not counted as one
of the seven olim and the Kohen is called up after him. (ibid.
6)
13) A person who goes up to the Reading of the Torah and says
Barechu and answers baruch Hashem Hamevorach and then is interrupted
even with Piyutim (prayers recited on special occasions) or any
other kind of singing, must repeat Barechu as it must be recited
together with the blessing asher bachar banu. (ibid.)
14) The Chazzan reads for each of the seven olim a new portion and
at least twenty one verses (altogether) after which he may read
again what he has already read, (ibid.)
15) If the Sefer (scroll of) Torah k found to be passul (unfit for use)
in a manner which requires another Sefer Torah to be taken out,
one begins in the second scroll from the place where one left off
in the first, and one does not recite a blessing before reading from
the kasher (halachically suitable) Sefer Torah, only when this portion
is finished the after-blessing is recited as usual. If the person who
was called to the portion where the Sefer Torah was found to be
passul mistakenly recited the blessing after the reading before
continuing in the kasher one, someone else is called up to the

The Conduct of the Congregation During the Reading of the Sefer Torah

149

the first person should not read from the second

as there is some doubt if he is required to recite the blessing
before reading, (ibid.)
kasher Sefer Torah
Sefer

16) A Davar Shebikedusha (a holy matter which was originally instituted

to be recited in the presence of ten v. Rabenu Yona Tractate
Brachot 13b) can be recited only in the presence of ten people.
If ten were present at its commencement and a few of them
subsequently went out then it may be completed, as explained in
the Shulchan Aruch ch. 55. This ruling applies also to the Reading
of the Torah, that if the reading began in the presence of ten and a
few left, nevertheless the obliged readings of the day are completed
even with seven olim. (ibid.) When Rosh Chodesh is on Shabbat we
do not mention Rosh chodesh in the blessings of the Haftorah,
neither in the middle of a blessing not at its conclusion. Some
authorities are of the opinion that on the Shabbat of CholHamoed (the
intermediate days) of Sukkot (Tabernacles) the Haftara should be
concluded Mekadesh HaShabbat ve Yisrael veHazmanim, but on Shabbat
CholHamoed of Pessach (Passover) only Mekadesh HaShabbat IS recited.
(LeDavid Emet ch.

20)

CHAPTER THIRTY-SEVEN
THE CONDUCT OF THE CONGREGATION
DURING THE READING OF THE Sefer Torah
1)

Once the Reader has begun the Reading of the Sefer Torah it
is forbidden to speak even about Torah matters and this applies
even between two portions and even if one has already completed
the week's portion (twice in the Hebrew text and once in the

Chapter Thirty-Seven

There are some authorities who permit learning quietly

and it has become the custom for Torah scholars and G-d fearing
people to read quietly between two portions. (LeDavid Emet ch. 8)
To answer a practical halachic question or to prevent someone
from transgressing a prohibition is permitted between two portions,
(ibid.)
Targum).

If the Sefer Torah is open it is forbidden to leave the synagogue,

even between two verses; only in extreme circumstances can this
be permitted between two portions, (ibid.)
It is permitted to read the Portion of the week twice in the
text and once in the Targum (the Aramaic translation by Onkelos)
during the Torah reading. This ruling applies to all the weekly
portions with the exception of the special portions 'Zachor* (read
before Purim) and 'Parati (read before Rosh Chodesh Nissan) which
have a Torah obligation to be read and heard in the presence
of ten, and one must therefore concentrate and hear them from
the Reader. It is, however, correct for those who are careful to
comply meticulously to the Halacha to concentrate and hear all
Torah reading from the Reader. (Sh. Ar. 146)

AL HASHULCHAN
When the

is taken out of the Holy Ark the prayer

is recited. This prayer consists of eight verses
corresponding to the seven olim and the Maftir. On Yom Tov (the
festivals, when there are only five olim plus the Maftir) the first two
verses are omitted and we begin 'YehiHashem Elokeinu Immanu: On
weekdays only ^hree verses are recited corresponding to the
Sefer Torah

'Ata Horeta Lada'at*

three people called up. On Shabbat, Yom Tov, Yom Kippurim and

everyone should recite the prayer 'Brich Shmeti when

the Sefer Torah is taken out of the Holy Ark. (B.l.Ch. second
year, Toledot 15 and V . Eretz Chaim 134)

Rosh Chodesh

The Conduct of the Congregation During the Reading of the Sefer Torah

151

After the Sefer Torah is removed from the Ark it is opened and
shown to the whole community and everyone should bow in the
direction of the Sefer Torah, even women and children, and say
'Vezot HaTorah Asher Sam Mosheh, etc/

Kel Shakkai Emet, Mosheh Emet

(G-d is true, Mosheh is true and His Torah is true).

Someone who is reciting a prayer which he may not interrupt
by speaking should just bow.
VeToratoh Emet'

The following was the custom of the Ari Zal when the Sefer
Torah was taken out of the Ark: He would kiss it and accompany
it from the Ark to the Tevah (the reading stand) and would stay
near the Tevah until it was shown to the congregation and then he
would look closely at the letters of the Sefer Torah: he used to
say that by looking closely at the letters of the Sefer Torah in
such a way that one can read them well a great spiritual light
is drawn to that person; then he would return to his place
and remained seated there until the end of the Torah reading,
(ibid. 16)
On Shabbat, when seven go up to the Torah apart from the Maftir,
the order of importance according to Kabbala is as follows: 1)
Shishi (the sixth portion) is the most important as it corresponds
to Yesod.

2)

Shlishi

(the third portion) corresponding to

3) Kohen corresponding to
4)

Levi

corresponding to

Tiferet.

Chessed.

Gevurah.

5) Revi'i (the fourth portion) corresponding to

Nezach.

6)

Chamishi

Hod

7)

Shevi'i

(the fifth portion) corresponding to

(the seventh portion) corresponding to

and

Malchut

152

Chapter Thirty-Seven

On

when five go up to the Torah, according to

Chamishi is the most important portion, (ibid. 17)

4)

Yom Tov,

Kabbah

It is preferable for a person who is in the twelve months of

mourning for his father or mother to be called up to Maftir rather
than Mashlim (even though the Mashlim recites Kaddish), and
certainly preferable to be called to the Maftir of the Korbanot
Mussafim (the additional festival sacrifices which includes a
Kaddish), and most certainly to the Maftir of the portions Zachor and
Parah which are according to some authorities a Torah obligation
(ibid. 21 and v. Bet Simcha p. 90)

5)

The obligation to hold the Sefer Torah by means of a cloth is

only while reading from it in public, for at that time the Orot
Elyonim (lit. the celestial lights) are revealed, but at other times
such as when it is necessary to repair the Sefer Torah or to
hold it for another purpose there is no obligation to hold it
with a cloth. However, when the Sefer Torah is opened to show
the text to the congregation and one sees that it is not open
at the portion which is about to be read and therefore must
be rolled to the correct place, here again it must be held
with a cloth, since at the time the Sefer Torah is opened in
order to read from it the radiance of the Torah (He'arat HaTorah)
written in it is revealed to the whole community, therefore
from that moment onwards care must be taken when handling
it. Similarly, the Chazzan, when he reads from it in public and
finishes the column open before him and must roll the Sefer
Torah further, should be careful to hold the parchment by means
of a cloth, (ibid. 18)

6)

The person called up to the Torah reading should not lean on

the reader's stand and similarly the Chazzan should be careful
not to lean but they should stand in reverence and awe. (ibid.
20)

7)

Nowadays when the custom is that the Chazzan reads out from
the Sefer Torah (it used to be the custom that every oleh read

The Conduct of the Congregation During the Reading of the Sefer Torah

153

his portion) the oleh should be careful to read along with the
Chazzan quietly word for word, inaudible even to himself, (ibid.)
8)

One should try to be called to the Torah reading at least once

a month. When a person is called to Torah he should go up by
the shortest way and when he returns he should do so by the
longest way. (ibid.)

9)

If someone is listening to the Reading of the Torah in one

synagogue and receives a message that he has been called to
the reading of another Sefer Torah in another synagogue he is
permitted, in this case, to go out even in the middle of the
reading since he is going for the purpose of Torah reading
and this certainly applies when the congregation in the other
synagogue is awaiting him. (ibid.)

10) It is forbidden to go up to the Reading of the Torah without

receiving the permission of those responsible for calling up.
(Sh.Ar. 139:3) It is also forbidden to cause an argument about
the honors of who is called up to the Sefer Torah, even if
someone has Yahrzeit (the anniversary of the death of a parent)
it is more of a merit for the soul of the parent to humble oneself
than to get involved in an argument and (thereby) receive, an
Aliya (to be galled up). Those responsible for calling up are
forbidden to discriminate against anyone because they dislike
him aiKi general rules should be fixed by the community in
every place whick should be adhered to without any favoritism
"to avoid any ifiScord. In cases of doubt the Rabbi should- be
consulted, as our Sage* instituted an order of those called up *
tp avoid arguments.
11) The custom of Jerusalem is not to call up a person by his
name as it can sometimes happen that for some reason the
person concerned cannot go up and he asks the organizer to
call up someone else. This follows an edict of the Rishonim not
to be considered as one who is called to the Torah and does
not go up, and at the same time avoids bad feeling which

Chapter Thirty-Seven

can possibly occur when someone is called by name and is

therefore obliged to go up. There are places where the custom is
that the Shammash (beadle) goes to the person who is honored to
be called up to the Sefer Torah and gives him a silver token as a
sign that he is requested to go up; I saw this custom practised
in Chaleb when I passed through there on my way to Jerusalem,
and it is based on the above reason. (K. Hack 139,9)
If the Chazzan made a mistake while reading the Torah, even in
a detail of one letter, he is required to go back ^nd repeat.
(Sh.Ar. 142) It is advisable to appoint a specific person whose
task is to ask the Chazzan to repeat when necessary in order to
avoid possible confusion or argument in the synagogue.
Concerning the determination of the weekly portion there exists
a certain difference of custom between various communities and
each community should follow its own established custom, for
example in Chaleb where the custom is to read the portions
Korach and chukkat together on the same Shabbat every year. (Bet
Dinno Shel Shlomo, Orach Chaim 12)

On Shabbat and Yom Tov those responsible may call up additional

people to the Torah reading even if it means repeating the same
verses several times for different olim, however it is preferable,
when possible, to arrange that each oleh has (at least) three
new verses. This ruling has particular significance when there
is a Simcha (happy occasion such as a Bar Mitzva or marriage) or
there is very large congregation present and everyone wishes to
be called up, then it is permitted to call up additional people
appropriately, (ibid. 17 and V . Sha'areh Ezra O.Ch. 19)
The custom is to wish everyone when they finish their portion
'Chazak Waructi
(Be strong and blessed!). A possible source
for this custom is the Midrash Rabba on the verse (Joshua 1)
'L0 Yamush... this Sefer Torah should never leave your mouth'
(i.e., you should always speak about Torah) this shows us that
the Sefer Torah was being held by Joshua, as the word 'this'

The Procedure when a Mistake is found in a Sefer Torah

155

can only refer to someone holding a specific article, and when

he finished G-d said to him 'Chazak Ve'Ematz (be strong and
of good courage), from which we derive that we wish someone
finishing the Reading of the Torah 'Chazak* and he responds
'Chizku Ve'imtzu (Bet Simcha p.

87)

CHAPTER THIRTY-EIGHT
THE PROCEDURE WHEN A MISTAKE IS FOUND
IN A flSefer Torah
(based 011

Bet Dinno Shel Shlomo, Orach Chaim

ch. 9)

If during the reading a mistake is found in the Sefer Torah another

one is taken out in which one commences to read from the
place where the mistake was found and completes the number
of people called up - those called to the first Sefer Torah count
as part of the quorum. If the mistake is found in the middle of
a portion the person called to this reading finishes his portion
in the second Sefer Torah and then recites the after-blessing, but
he does not recite a blessing before this continued reading. (Sh.Ar.
O.Ch. 143 and Yoreh Deah 279) It is clear that when hefinisheshis
portion in the second Sefer Torah at least another three verses must
be read.
The above ruling applies on all occasions whenever the Torah is
read including Mondays, Thursdays, Yom Tov, Shabbat at Mincha and
Rosh Chodesh. (Maharikash in his notes on O.Ch. 143 and Mahara
Halevi O.Ch., KM 2 ch. 14)

156

Chapter Thirty-Eight

3)

Even though a Sefer Torah was declared passul (halachically

unsuitable) on Shabbat and the Chazzan took it out on the following
Monday and read from it, thinking that it had already been
corrected by the scribe appointed to make the corrections, his
reading is post facto valid since he was confident that it was
corrected on Sunday. (Sh. Kn. Hag. 282:9) (This refers to a place
where the scribe usually does the corrections on Sundays.)

4)

If, on a day when two scrolls of the Torah are read, a mistake is
found in the first, one does not complete that reading from the
second scroll but another one is taken out of the Ark. (ibid. 282:8)

5)

If, however, the mistake was found in the second scroll, there
would be no need to take out another scroll and one could complete
that reading in the first one. This also seems to be the ruling of
the Kn. Hag. (concerning ch. 282) in a manuscript found by the
author of the Yad Aharon.

6)

The ruling which requires a person to finish his portion in a kasher

Sefer Torah when a mistake was found during the Reading of the
Torah only applies if that person has not yet read three verses,
but if he has already read three verses ami it is a place where
it is halachically permissible to stop - which means that three
(or more) verses have been read in that paragraph (indicated in the
Sefer Torah by a space separating it from the previous paragraph
and another space following it) and there remain (at least) another
three verses in that paragraph he should stop and there is no need
for him to read in the kasher Sefer T&tik. If bfcwever, he wishes to
continue reading in the kasher scroll there is no need to preveh*
him. This is the opinion of most authorities, (v. sources op. cit.)

7)

Concerning the blessing after finishing the reading in a passul Sefer

Torah as in the above case, some authorities rule that one should
recite it whereas other authorities are against reciting it. (v. op.
cit.)

8)

If the

Sefer Torah

became invalid during the reading (e.g. a letter

The Procedure when a Mistake is found in a Sefer Torah

157

was scratched or smudged in such a way that made it passu!) even

the author of the Kn. Hag., in my humble opinion, would hold that
it is not necessary to continue reading from a kasher Sefer Torah and
it is certain that one may recite the blessing after the reading.
9)

Concerning the blessing before reading in the kasher Sefer Torah when
the Kn. Hag. obliges this reading or if someone wishes to read
although he is not obliged - as in para. 6 above the Sh. Kn.
Hag. writes that one does not recite the blessing even if the portion
was finished and the Chazzan has stopped reading.

10) If the Chazzan has already stopped reading and a mistake is found
and the oleh (person called to the Torah) mistakenly recited the
blessing afterwards even the Kn. Hag. agrees that this oleh should
not read again in the kasher Sefer Torah in order to avoid the
problem of doubt concerning reciting a blessing beforehand. (Sh.
Kn. Hag. ibid.)
11) If, however, the oleh recited the after-blessing accidentally after
less than three verses were read, he should read in the kasher Sefer
Torah without reciting the blessing beforehand, only subsequently
the after-blessing, (ibid.)
12) If three verses have not yet been read for each of the quorum of
people called up on that day, all authorities agree that another
Sefer Torah is taken out.
13) If three verses have been read for each of those called up on
Mondays, Thursdays and Shabbat at Mincha, all authorities agree
that another Sefer Torah is not taken out.
14) If, at Shacharit on Shabbat, the mistake was found after the seven
olim had each read three verses another Sefer Torah is not taken
out but that person completes the week's portion in the passul
Sefer and does not recite the after-blessing and he also recites the
Haftarah which is then followed by the Kaddish (q.v. at length, as there
are authorities who disagree and hold that if it is a full mistake for

Chapter Thirty-Eight

example, a missing word, a tear, an additional or missing letter

which changes the meaning, etc. another Sefer must be taken out
even at the end of the week's portion. The Chida writes that the
custom in Jerusalem is according to the latter opinion, v. Eretz
Hachaim ch.

143)

AL HASHULCHAN
If the mistake is found in Maftir, if three verses have already
been read, according to all authorities no other Sefer is taken
out, but if three verses were not yet read according to the
Perach Matteh Aharon another Sefer should be taken out, however
the Kn. Hag., the Torat Chessed and Perach Shushan hold that no
other Sefer is taken out. {B.D. Shel Shlomo ibid. para. 18)
The blessings over the Haftarah are recited even if the Sefer
Torah which was read beforehand was known to be passul before
the commencement of the Haftarah. (ibid. 20)
A Sefer Torah which was written in the Ashkenazic script is kasher also
for Sefardim and similarly a Sefer Torah written in Sefardic script is
kasher also for Ashkenazim, and this is the accepted custom. (Kol
Ya'akov ch. 36, 3) There are other Sifrei Torah which have some
small differences in the form of the letters according to the
customs of the various communities and they are kasher. Rabbi
Chaim Vittal writes quoting the Ari Zal that the differences between
the Sefardic and Ashkenazic scripts have a basis in Kabbalah, (ibid.
36, 2 and V . Eretz Hachaim ch.

36)

From several cases which came before us at the Rabbinical

Court we have become aware that there exist on the market Sifrei
Torah written by people halachically invalid for this purpose,
which means the Sifrei Torah are invalid, however, no indication
is present to enable anyone to discern this. It is therefore evident
that one may only buy Sifrei Torah, as well as tefillin and mezuzot,

The Procedure when a Mistake is found in a Sefer Torah

159

from a scribe who is known to be G-d fearing or from storeowners who do not have such a greed for profit that would
allow them to pervert their honesty and fear of Heaven. A
person who is not careful about this is likely to come to grief,
as he will never be considered as though he put on tefillin and
all the blessings he recited on them are in vain. v. Sh.Ar. ch.
39 and later authorities for all the possible invalidations of
tefillin.

Furthermore one should be aware that there are scribes who

are not fully conversant with the relevant laws. I had a case
concerning tefillin written by a G-d fearing scribe who studies
Torah but did not learn the relevant laws properly and after
examining the tefillin I realized that he lacked the knowledge of
what invalidates tefillin and after questioning him I discovered
that he had made corrections that rendered the tefillin invalid I
therefore declared invalid all the tefillin that he had previously
written. (K. Hachaim)
In some communities if a mistake is found in a Sefer Torah where
a letter is divided when it should be joined or a letter which is
joined in a place where it should be written separated, but that
letter can nevertheless be clearly discerned, another Sefer is not
taken out. However the custom in Jerusalem is that all mistakes
found in a Sefer Torah even of the above nature require that
another Sefer is taken out. (Eretz Hachaim ch. 143)
It is permitted to change the division of the portions of the
Olim, especially when many people are to be called up, as long
as each portion begins and ends with a good topic. In practice
there are differences among communities where these divisions
are made.
Some communities have the custom of returning the Sefer
Torah to the Holy Ark after Kaddish Titkabel which follows
Uva Lezion and this is the custom of the Sefardic synagogues
who follow the striaghforward (nonKabbalistic) tradition but

160

Chapter Thirty-Nine

the Kabbalists and the synagogues of the Chaleb and regional

community in Jerusalem return the Sefer Torah immediately after
the reading. (Kitveh Am 149)

CHAPTER THIRTY-NINE
THE LAWS OF PRAYER ON shabbat AND WHAT TO DO
WHEN A MISTAKE IS MADE IN Amida ON shabbat; THE
LAWS OF Arvit ON Motzaeh shabbat (Saturday Night) AND
OF

1)

Havdala IN

Amida.

On Friday night we pray Arvit earlier than on weekdays and from

Plag Hamincha (v. chap 62:4 and 6 for explanation) onwards one may light

2)

3)

4)

candles and bring in Shabbat with the Arvit prayer and then immediately
eat the Shabbat evening meal. (Sh.Ar. 267)
The Sh'lah (acronym of Shnei Luchot Habrit by Rabbi Yishaya
Horowitz) writes quoting Sefer chasidim that one should nevertheless
eat a kezayit (27 grams) at night in order to fulfill the three
Shabbat meals
on the very day of Shabbat. This is also the opinion of the Bach.
(Bayit Chadash supercommentary on the Arba Turim) (B. Het. ibid.)
If a person mistakenly began reciting the weekday Amida he
finishes the blessing he was reciting when he realized that it
was Shabbat and then he continues with the Shabbat part of the
Amida. This ruling applies whether he realizes in the blessing of
Ata Chonen or in any of the other blessings and applies similarly
at Shacharit, Mussaf and Mincha. (Sh.Ar. 268) (Some authorities
hold that in the Mussaf Amida one should stop even in the middle
of a blessing, ibid.)
If someone mistakenly thought that it was a weekday and began

The Laws of Prayer on Shabbat

161

the Amida with the intention of reciting a weekday Amida and

immediately after having said the word 'Ata (before saying
'ChonerC) remembers that it is Shabbat, this is considered as
beginning with the weekday Amida and he finishes that blessing.
However if he knew that it was Shabbat but accidentally started
with the word 'Ata, even if this happened at Shacharit when the
middle blessing does not commence with 'Ata\ he does not finish
the blessing 'Ata Choner? as he is considered as if he confused
one Amida of Shabbat with another (Sh.Ar. ibid.) (since he could
say Ata Kidashta (of Shabbat Arvit) or Ata Echad (of Shabbat Mincha)

Rema, ibid.); he is not, however, obliged to continue Ata Kidashta or

but continues (at Shabbat Shacharit) Yismach Moshe (B. Het.
ibid.)
Someone who recited the weekday Amida on Shabbat and did not
mention in it Shabbat has not fulfilled his obligation (this ruling
applies similarly on Yom Tov and on the second day of Yom Tov. B.
Het. ibid.) If he did, however, mention Shabbat in the Amida even
though he did not devote a specific blessing to Shabbat, he has
fulfilled his obligation. (Sh.Ar. ibid.)
If one mistakenly recited the weekday Amida on Shabbat and did not
mention Shabbat in it, if one began moving back (i.e. at the end)
one must recommence, but if one did not yet begin to move back
(that is when one usually recites supplications after finishing the
main Amida, v. sup. chap. 31:12) even though one has finished the
actual Amida, one is not required to recommence bat goes back
10 Ata Kidashta at Yismach Moshe OT Ata Echad, If the Ckozzm forgot
to recite the Shabbat Amida v. sup. chop, 34:8 (Sh.Ar. ibid.) and v.
Sh.Ar. chaps. 117 and 432.
Someone who mistakenly recited the Amida df another
Shabbat service is not required to recommence since he recited
retzeh nah bemenuchatenu which is COSHBOB to all Shabbat Amidot and
that is the principle part of the Amida. Some authorities, however,
hold that if he recited Mussaf instead of one of the other Amidot or
one of the others instead of Mussaf he must recommence, (ibid.)
The reason why Vayechuluh is repeated at Arvit after the Amida is
on account of Yom Tov which falls on Shabbat as then, since we
say Ata Vechartanu, it is not included in the Amida and therefore

Ata Echad

5)

6)

7)

8)

162

9)

10)

11)
12)

13)

Chapter Thirty-Nine

must be recited afterwards, consequently the Sages instituted it

as part of the regular Shabbat service and also to render exempt
those who are unable to recite it on their own. It is recited aloud
and in a standing position as we testify to G-d about His creation,
and testimony must be given standing, (ibid.)
When Yom Tov falls on Shabbat we do not mention Yom Tov in
the blessing Achat Me'en Sheva (recited after Vayechuluh). (ibid.) The
Levush (R. Mordechai Yaffe) explains that this blessing was only
instituted for Shabbat, and only what was included in this institution
is said, nothing more, (ibid.)
When a Friday night service is held in the house of one of a
marriage party or in the house of a mourner, the blessing Achat
Me'en Sheva is not recited, as the reason why it is normally recited,
namely that latecomers should be able to finish and thereby
will not be assailed on their return home from the synagogue,
does not apply here, (ibid.) Similarly those who occasionally
hold a service in their home do not say it, however those who
arrange a fixed place for prayer, that place is considered like a
synagogue and this blessing is recited (Taz). The Sh.Kn. Hag. writes,
however, that it is only recited in a fixed synagogue which
has a Sefer Torah (B. Het.) (AL HASHULCHAN: It has become the
widespread custom in Jerusalem to recite this blessing even in a
marriage house or mourners' house and this is correct according
to Kabbalistic principles. B.l.Ch. Pt. 2 Vayera 10)
It is forbidden to speak while Vayechuluh is being recited and while
the Chazzan is reciting the blessing Me'en Sheva. (ibid.)
Someone who recited the weekday Amida and did not mention
Shabbat or did not recite Amida at all and heard the Chazzan reciting
the blessing Me'en Sheva from beginning to end has fulfilled his
obligation of the Friday night Amida as long as he had intention
to thereby fulfill his obligation. Although in any other Amida if
someone is able to recite it alone the Chazzan's recital does not
enable him to fulfill his obligation, the Sages were lenient in
the case of the Arvit Amida which was optional in its inception,
(ibid.)
We delay the Arvit service on Motzaeh Shabbat in order to prolong
the Shabbat and one must be careful not to do any Melacha any

The Laws of Prayer on Shabbat

163

kind of activity prohibited on Shabbat until three consecutive small

stars are visible; on a cloudy day one should wait until there
is no more doubt about the presence of such stars. (Sh.Ar. ch.
293)
14) Someone who is forced by circumstances, such as a person who
must reach the limits permissible for walking on Shabbat (in general
2,000 Amot outside a built-up area v. Sh.Ar. 398 for further
explanation) in order to continue walking for the purpose of an
urgent Mitzva matter after the end of Shabbat, is allowed to recite
the Amida of Motzaeh Shabbat from Plag HaMincha onwards and to
recite Havdala immediately but without reciting the blessing over
the candle and he is similarly forbidden to do any Melacha until
the stars have appeared, (ibid.)
15) The Havdala prayer is recited in the blessing 'Chonen HaDa'af and if
someone forgot to include it he should finish the Amida and does
not go back since he will recite Havdala over a cup of wine or
halachically permissible beverage, v. Sh.Ar. and commentaries).
However someone who ate something before reciting Havdala over
the wine, etc., must repeat the Amida including the Havdala prayer.
(Sh.Ar. ch. 294)
16) If someone mistakenly omitted Havdala in Amida and no cup of wine
or other suitable permissible beverage is available that evening
and he does not expect to have one the next day he must repeat
the Amida. (ibid.)

17) When the fast of the ninth of Av falls on Saturday night- Sunday
and someone did not include Havdala in the Arvit Amida he is not
required to repeat the Amida since he will recite Havdala over a cup
on the night after the fast, (ibid.)
18) In cases where one is not required to repeat the Amida such as
the above case when he is going to recite Havdala over a cup, or
on Chanuka or Purim when one forgot Al Hanissim, or On Rosh
Chodesh at Arvit when one forgot Yaaleh Veyavo or on a fast day when
one forgot Anenu, even if one realizes one's omission immediately
after having finished the blessing in which one should have included
the relevant insertion, one does not have to go back, even if one
has not yet started the next blessing, (ibid.)
19) In cases when one is not obliged to go back and someone wishes

Chapter Forty

to be stringent and go back, if he has finished the Amida he may

recommence that Amida, but if he is still in course of reciting that
Amida, since according to the strict Halacha he is not required to
go back if he would go back to the blessing in question it would
be considered an interruption, therefore he should only go back
to the beginning, (ibid.)

CHAPTER FORTY
THE LAWS OF THE SANCTITY OF THE
SYNAGOGUE AND BetHaMidrash (Study Hall)
It is forbidden to behave in a light-hearted manner in a synagogue
or Bet HaMidrash. This includes joking around and conversation not
of 70ra/jconnected content. One may not eat or drink in them,
walk around in them nor use them as a shelter from the heat on
hot days or from the rain on rainy days. Torah scholars and
their students are, however, permitted to eat and drink in them
where this is unavoidable. One may not make calculations in them
unless they are for a Mitzva purpose, such as for a Tzedaka (charity)
fund or redemption of captives. No eulogy may be held in them
unless it is for a relative of one of the great men of the town in
whose respect the whole town gathers to hear the eulogy or a
great Torah scholar. M.B..
If someone needs to enter a synagogue or Bet Midrash for his
own purposes such as to call out someone he should go in and
read a little or recite some Torah thought or verse and after
that call his friend, in order that it should not be apparent that
he is entering for his own purpose. If he is unable either to read or
to recite some Torah thought or verse by heart he should ask a

Laws of Sanctity of the Synagogue and Bet Hamidrash

2)

3)

165

child to read out the verse he is reading at that time or else

he should sit down for a short while before going out, as to
sit in a synagogue or Bet Midrash is a Mitzva for it is written
(Psalms 84) 'Happy are those who sit in Your house, etc.' (Sh.Ar.
151)
One may not sleep in a synagogue even for a short while but in
a Bet Midrash that is permitted. When necessary for the purpose
of the synagogue itself it is pemitted to eat and sleep there and
that is why people sleep on Yom Kippur night in the synagogue (to
guard the candles), and even for the purpose of another Mitzva it
is permitted to eat there, (ibid.)
If a synagogue has more than one entrance one may not enter
through one door and exit from the other in order to use the
synagogue as a short cut. However if one originally entered the
synagogue for some other purpose one may use it as a passage,
(ibid.)

AL HASHULCHAN
1)

A synagogue or Bet Midrash is called a 'Mikdash Me'at* - a small

version of the Holy Temple, as is written in Ezekiel 11,16 T shall
be for them a small Bet Hamikdasti (referring to the synagogues
etc. of the Diaspora), and the Torah commandment to have
awe of the Holy Temple applies similarly in synagogues and
Batei Midrash. It is therefore proper to treat them with their due
respect and to sit in them with awe. The holy Zohar speaks
strongly about the punishment of those who speak profane
matters in a synagogue; to chat with children or converse about
business, livelihood and similar matters is forbidden. (B.l.Ch.
Vayikra

2)

3)

1,2)

It is prohibited to study secular studies or foreign languages

in a synagogue or Bet Midrash, but to write Hebrew, even the
style of writing known as 'Rashi* script, may be taught, (ibid.
4)
It is prohibited to smoke in a synagogue as it is more disrespecful

166

Chapter Forty

than eating, drinking or walking around and this applies even

to Torah scholars since it is similar to joking around and
profane conversation which is forbidden to all people without
exception. One should admonish those who are lenient in
this matter. (Responsa She'arit Yossef Pt. 2 O.Ch. 3) Although
the above responsum does give a lenient ruling concerning
those who remain the whole day in a Bet Midrash to learn,
however nowadays when many doctors are of the opinion
that smoking is dangerous to health it is very questionable if
anyone may put himself in a position of possible danger and
furthermore many doctors hold that the smoke harms others
and the Halacha forbids harming others; even in a case where
there is a difference of opinion within the medical profession,
since there is a possibility than one may be harming others
one must avoid this possibility. It is therefore clear that apart
from the consideration of the sanctity of the synagogue and
Bet Midrash someone who smokes in them considered causing
harm. In some places the government has passed laws not to
smoke in public places for the above reason, and that is all
the more reason to prohibit smoking in synagogues and Batei
Midrash. It appears evident that even in a bath-house where there
are no laws of respect applicable it is forbidden to cause harm
to the public.
4)

It is customary to be lenient to drink coffee or tea with cake of

some other light snack in the synagogue, especially in the case
of those who learn there. (Yemeh Yossef Batra, O. Ch. 4)

5)

6)

Someone who sees his friend dozing in the synagogue is obliged

to wake him and this applies all the more so during prayers
or when a discourse is being given as he thereby would be
considered as turning his ear from hearing the Torah (Proverbs
28,9) and one sin leads to another. (B.l.Ch. Vayikra 8)
The Talmud states (Chagiga 5A) that the verse in Ecclesiastes
(Kohelet) 12,14 'G-d will bring to justice (even) on all that is
hidden' refers to someone who spits in front of his friend and
his friend is thereby disgusted that he will be judged for having
done this, and therefore one must take care in any place, even
not in a synagogue, not to spit or to clean one's nose in front

Laws of Sanctity of the Synagogue and Bet Hamidrash

7)

167

of people and to change one's handkerchief regularly to make

sure that is is clean, (ibid. 10)
A synagogue which has not been registered as such in the
municipal land registry (known as 'Tabu in Israel) nevertheless
has all the laws of sanctity of a synagogue (Responsa She'erit
Yossef Pt. 2 I.Ch. 3)

8)

It is prohibited to destroy or dismantle anything in the synagogue

unless it is done for repair or improvement one may not break
even one stone of a synagogue or Bet Midrash in a destructive
manner, the only case when this is permitted is if it is done for
repair purposes. Some authorities prohibit breaking the wall
of a synagogue in order to make a window for the ladies'
gallery since a ladies' gallery does not have the sanctity of a
synagogue. (B.l.Ch. ibid. 16)
9)
A community which has a small and outdated synagogue and
all its members have moved to another area where they are
building a central synagogue, is permitted to sell the small
synagogue, even though it is in the same town, on condition
that the majority of its members agree. (Magen Be'adi 1) This
should be done with the supervision of rabbinical experts who
will direct them exactly how to proceed halachically.
10) If someone lives next to a synagogue, he may use the room
adjoining the wall of the synagogue for whatever purpose he
wishes, but he may not make use of the wall itself which
separates the room from the synagogue and even to knock in
a nail in order to hang something on the wall is forbidden.
If, however, the wall was built jointly by the synagogue and
the occupant of the house, the occupant may make use of his
part. (B.l.Ch. ibid. 17)
Someone who lives above a synagogue should consult a
rabbinical authority about how he may make use of his
apartment.
11) The inhabitants of a town can oblige each other to
build a synagogue and to buy Torah, Nevi'im (Prophets) and
Ketubim (Hagiographa), and even the minority can oblige the
majority (Sh. Ar. O.Ch. 150 and in Choshen Mishpat 163).
It is a Mitzva to pray in the synagogue, and even if the

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Chapter Forty

congregation has already finished praying and one must

therefore pray alone, it is a Mitzva to do so in the synagogue
rather than at home. Someone who is among the ten first
people to enter the synagogue receives reward corresponding
to the whole congregation.
12) In a poor community which does not have the means to build
a synagogue as well as a Mikveh (ritual bath), the building of a
Mikveh takes precedent. (Dinei Mammonot Pt. 2 p. 189) (N.B. The

pages indicated refer to the Hebrew edition)

14) Everyone should live near a synagogue even if this means paying
a higher rent for an apartment, and thereby one gains the ability
to be sure to pray with the congregation in the synagogue in
all weathers. This is particularly applicable in the Diaspora as
it can thereby prevent other 'obstacles' when people live far
away from the synagogue, (ibid. p. 491)
15) If a sick person asked for a donation to be given to a synagogue
but he did not specify which synagogue, the money should
be given to the synagogue where he regularly prayed; and if
he prayed regularly in two synagogues the money is divided
between them. (ibid. Pt.3 p. 146)
16) The Shammash (beadle) of a synagogue who receives a salary
for his work is not liable to pay should something be stolen
from the synagogue since he is paid principally for his services
to the synagogue and the community and not for guarding
objects, unless a specific stipulation was made with him that
he guards as well. Some authorities, however, differ with this
ruling, (ibid. p. 289)
17) Ma'aser (tithe) money should not be used for the payment of
offerings made when called to the Sefer Torah or for buying a
Mitzva in the synagogue such as opening the Holy Ark, etc.
except under the following conditions:
i) If the custom of the synagogue is to distribute part of the
income of the synagogue to poor people or Torah students, then
the amount proportional to the percentage distributed to the
poor can be separated from Ma'aser money.
ii) If at the time the Mitzva was bought the person intended to
pay with Ma'aser money.

Laws of Sanctity of the Synagogue and Bet Hamidrash

169

iii)If someone else had wished to buy this Mitzva but he made
a higher bid, only the additional amount may be paid with
Ma'aser money.
Only if these three conditions are fulfilled may Ma'aser money
be used.
However if the income of the synagogue is used for upkeep
and repairs and for paying the salaries of the Chazzan and
Shammash etc., even if they are Torah scholars, Ma'aser money
may not be used since they are hired and do not receive the
money as charity. However if this money is given to them
over and above their normal wage then it is permissible to use
Ma'aser money for this purpose, (ibid. Pt. 1 p. 411)
18) Someone who has charity money and has the choice to donate
it for Torah learning, or for the synagogue, or for building a
Yeshiva (Talmudical College), should donate it for Torah learning
as this is considered even more important than the construction
of the Holy Temple (Bet Hamikdash). The needs of poor people who
are sick take precedence over the construction of a synagogue.
Concerning other poor people, some authorities hold that the
synagogue has precedence over their needs and other authorities
give precedence to their needs, (ibid. p. 416)
19) If someone lent his house to be used as a synagogue and he
has a quarrel with a member of the congregation, he cannot
forbid his adversary to enter the synagogue unless he forbids
the entire congregation. (Sh.Ar. 153, 16)
20) After finishing prayers in the synagogue one goes directly to
the House of Study (Bet Hamidrash) where one should have a
fixed period of Torah study which should not be missed even
if one has the possibility of earning a considerable amount
at that time. (ibid. 155,1) Even someone who is not capable
of learning should nevertheless go to the Bet Hamidrash for
he receives reward for going, and he should find himself a
permanent place where he should study a little from what he
does know and he should meditate on the spiritual and halachic
aspects of his dealings and inspire himself with fear of Heaven
(Rema, ibid.) Many people have the custom of studying 'Chok
LeYisraef as instituted by some great Rabbis for those who are

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Chapter Forty-One

unable to study Talmud and its commentaries with the works of

the halachic decisionaries, or at least to study Psalms, of which
everyone is capable.
21) A synagogue where the Shabbat is publically desecrated by the
playing of musical instruments or in other ways, as is the custom
of the sect known as 'reform', does not have the sanctity of a
synagogue, and when the antithesis of the Shulchan Aruch is taught
there it is considered halachically a place of heresy which may
not be entered for the purpose of prayer.

CHAPTER FORTY-ONE
INTERRUPTING BETWEEN WASHING AND
BLESSING ON BREAD.
1.

Some authorities maintain that one need not take care not to
interrupt between washing and blessing on bread. Other
authorities propose that one should be careful about
interrupting. However, an interruption of the length of time it
would take to walk twenty two amot (approximately 13
metres) is considered to be an interruption (Shulchan Aruch ch.

166).

AL HASHULCHAN
1.

I t is proper not to interrupt between washing and blessing

on bread. This applies even to words o f T o r a h . Requests

The Place and Time of Eating Bread

2.

3.

171

and prayers for livelihood should be said before washing

one's hands. One should not rebuke those who recite psalm
23 at this time, even though some authorities are doubtful
about this custom. Passages like 'all eyes beseech You' and
'open Your hand and satisfy the needs of all living things'
should be said before washing. If one forgot, one may say
them after washing, since they primarily praise G - d for his
bounty. (Ben Ish Chai, Emor 4; Kaf Hachaim 166:4)
Walking from house to house a even if it is a short distance a
is forbidden. B'dieved it does not constitute an interruption
(ibid).
As mentioned previously, in the first instance, an interruption of twenty two amot is considered to be an
interruption. However, b'dieved one need not wash again.
(Kaf Hachaim ibid.)

CHAPTER FORTY-TWO
T H E P L A C E AND TIME OF EATING BREAD,
WHO B L E S S E S OVER T H E L O A F ,
WHAT CONSTIUTES BREAD.
1.

One should select for slicing an area of the bread that is well
baked. Before making the blessing one should partially slice
off the selected piece, leaving it attached to the bread such that
if one were to lift the slice the loaf would go with it (otherwise
it considered a separate piece). In this way one should begin
the blessing, and break off the attached slice as one concludes
the blessing.
The slice should be sufficiently large to be generous, but no

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Chapter Forty-Two

bigger than a k'beitza (approx. 52 grams). More than this

would show greed. O n the Sabbath, however, this is allowed
On Shabbat one should not slice the bread until after the
conclusion of the blessing in order to bless on two whole
loaves. (Shulchan Aruch ch.

2.

3.

4.

5.

167).

One should not make the blessing until one is grasping the
bread with both hands, since the ten fingers parallel the ten
mitzvot which are associated with bread. These are: You shall
not plow with an ox and donkey together; the prohibition of
mixed species; gifts from the field to the poor called leket,
shikcha and pe'ah; the first fruit offerings; gifts to the Cohanim
and Levites called Terumah; Ma'aser (Tithes); Challah; and
Ma'aser Sheni a gifts of the produce given to the poor on the
third and sixthm years of the seven year cycle (Be'er He'tev).
Thus there are ten words in the blessing hamotzi lechem and ten
letters in the words 'mtzmiach chatzir lab'hema' and ten
words in the passage 'eretz chita useora', and ten letters in the
verse 'vaiten lecha' (ibid.)
One should be careful not to slur together the words lechem and
min when blessing.
One's table is compared to the alter, and one's eating to a
sacrifice. Regarding sacrifices it is written 'on all of your
sacrifices, you shall offer salt'. Thus, one should bring salt to
the table before blessing over the bread. In addition, salt
protects one from punishment, (ibid)
After reciting the blessing over bread, one may not talk before
swallowing some bread. I f one did interrupt, one should recite
the blessing again. This rule applies unless one needs to speak
about things related to the blessing and eating, such as
requesting salt or food to accompany the bread. One may also
interrupt to request that an animal be fed (since one is obliged
to feed one's animals prior to one's own eating), (ibid).
If one person made the blessing over bread with the intention
of including others in his blessing, while at the same time
another was washing for bread, the latter is included inn the
blessing over bread, even though he had to interrupt to dry his
hands and recite the blessing 'al netilat yadayim'. (ibid).

The Place and Time of Eating Bread

6.

7.

173

If one forgot to recite the blessing over bread, he may do so

even in the middle of the meal, but not after he has finished
eating, (ibid). The Beit Yosef writes that if he can eat a little
more, he may make the blessing. The Magen Avraham comments
that it is proper to follow this opinion to avoid controversy
since theRashba writes in the name of theRa'avad that one may
make the blessing over bread even if one ate nothing more.
(Ba'er Hetev, Ch. 167).
If one is in doubt whether one recited the hamotzi blessing, one
should not say it. If one recited the she'hakol blessing in error,
he has fulfilled his obligation, and need not make the hamotzi
blessing. Similarly, theshe'hakol blessing suffices for any food.
{Shulchan Aruch ibid.)

One who does not eat cannot recite the hamotzi blessing on
behalf of those who are eating. The same rule applies with all
of the blessings relating to physical satisfaction (birkot hane'henin). However, an adult who is not intending to eat may
make the blessing for a child, since this is for the sake of
education (ibid.).
9.
The abovementioned rule also applies on Shabbat, when a
person is obliged to eat bread at each of the three meals a a
person who does not intend to eat may not make the blessing
for others.
The exceptions to this rule are the blessing of hamotzi over
Matzah on the first night of Passover, and kiddush, the blessing
over wine sanctifying the Shabbat or Yom-tov, both during the
day and at night. In these cases, even one who does not intend
to eat at all, may recite the blessing for others, (ibid.)
10. I f there are slices of bread and a whole loaf of bread on the
table, one should bless over the whole loaf, even though it is
baked from a lower grade of flour, and even if the slices are
larger than the loaf.
This rule applies if both the slices and the loaf are of the same
type i.e. both are made of barley, or of wheat. However, if the
whole loaf is made of barley, and the slices are of wheat, even
if the slices are smaller than the loaf, the both should be held
together (with the loaf on top) when slicing the bread. (Shulchan
8.

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Chapter Forty-Two

Aruch ch. 168).

11. If one has only two half-loaves, one should join them together
using twigs or suchlike in a way that is not noticeable. In this
way the halves now have the status of a whole loaf. This may
even be done on Shabbat. (ibid.). However, one must take care
not to use twigs which are muktza and may not be handled on
Shabbat (Ba'er Hatev).
12. Bread baked by a gentile from high grade flour, and bread
baked by a Jew from low-grade flour have the same status as
regards the blessing, and thus one may bless over whichever he
pleases.
One who is careful not to eat bread baked by a gentile, should
remove such a loaf from the table until after the blessing.
However, if the master of the houshold is not careful about
eating bread baked by a gentile, and intends to eat only from
that loaf (since it is higher grade flour), while other members
of the household eat the lower grade bread baked by a Jew, the
master of the houshold should make the blessing over the loaf
baked by a non-Jew. The reason for this is that the master of
the houshold intends to eat only the higher grade loaf, and he
slices the bread.
In a similar case, if two people are eating together and the
master of the houshold is careful not to eat bread baked by a
gentile, but this loaf is made from higher grade flour, and his
friend is not careful in this matter, the master of the houshold
should slice the higher quality bread baked by the gentile. In
this case, he may slice and eat the bread baked by a gentile for
the sake of his guest who prefers it. (ibid.)
13. The following types of baked goods are called pat ha-ba'a
b'kisnin and require the blessing boreh mineh m'zonot prior to
partaking of them, and the blessing al ha-michyah after
partaking of a sufficient amount, i.e. between 26 grams and
160 grams: a Pockets of baked dough filled with honey or
sugar, nuts and condiments, a Dough kneaded with honey or
oil or milk or fruit juice or condiments, which is then baked.
However, the taste of the fruit juice or condiments must be
clearly recognizable, a Dough with or without condiments

The Place and Time of Eating Bread

175

which forms dry crackers when baked. These are generally

munched (as a snack) and are not eaten as such, (ibid.)
However, if one eats more than 160 grams and less than 215
grams, birkat hamazon (grace after meals) might be required. I f
one eats more than 215 grams, one should recite birkat hamazon.
(Moreh b'etzbah siman 3).

14. Even if a person's initial intention was to eat only a little of

these baked goods, and thus he recited the blessing boreh mineh
m'zonot, but afterwards ate more than 215 grams, he should
recite birkat hamazon, even though his initial blessing was not
hamotzi.

15.

16.

17.

18.

If one ate less than 160 grams of these baked goods, even
though he is acccustomed to eating only this amount, and he
cannot manage more, he should not recite birkat hamazon, but
rather the blessing al ha-michyah. Even though he is satisfied by
this amount of food, the average person would not be, and
therefore he may not recite birkat hamazon. (Shulchan Aruch, ch.
168).
If these types of baked goods (i.e. pat ha-ba'a b'kisnin) are eaten
during the meal as an entree or as dessert, rather than as part
of the meal, one is required to recite the blessing boreh mineh
mezonot, before partaking of them.
This rule does not contradict the principle that the hamotzi
blessing over bread exempts one from reciting blessings over
any side dishes, since this principle refers only to food eaten
prior to the meal to stimulate the appetite.
However, although one is required to make a blessing prior to
eating these sweet foods, no blessing is required after them,
since birkat hamazon includes them, (ibid.)
Thin wafers filled with sweet confectionery are secondary to
the confectionary, and thus the blessing over the confectionary
exempts them from a blessing, (ibid).
Eating even a small amount of bread requires one to recite the
hamotzi blessing. However, birkat hamazon must be recited only
after eating at least a kezayit (approx. 27 grams).
I f one bases his meal on pat ha-ba'a b'kisnin, i.e. he intended to
eat at least 215 grams of these baked goods, he should recite

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19.

20.

21.

22.

Chapter Forty-Two

even if he is not satisfied from eating this amount. The reason

for this is that most people would be satisfied from this
amount, and the rule follows the majority, (ibid.)
If pieces of bread the size of a kezayit are boiled as an
ingredient in a type of pudding called supika, one is required to
recite the hamotzi blessing prior to eating, and birkat hamazon
afterwards, even if the even if the pieces no longer have the
appearance of bread.
However, if the bits of bread are smaller than a kezayit, one
should recite the blessing boreh mineh m'zonot prior to partaking
of them, and the blessing alha-michyah after partaking of them,
even if the pieces still have the appearance of bread.
Very small crumbs of bread which have not been boiled, and
are not stuck together, require the hamotzi blessing prior to
eating, and birkat hamazon afterwards, even if the even though
the individual crumbs are smaller than akazayit. (ibid.)
Bread-crumbs which are soaked in water until the water
becomes white awith disintegrated breadcrumbs$, and
similarly, bread-crumbs which are soaked in wine until they
completely lose the shape of bread, require the blessing boieh
mineh m'zonot prior to partaking of them, and the blessing al
ha-mkhyah after partaking of them.
This rule applies only if none of the pieces or crumbs of bread
is the size of akazayit or more. However, if any of the pieces is
the size of a kazayit, one is required to recite the hamotzi
blessing prior to eating, and birkat hamazon afterwards, (ibid.)
The hamotzi blessing may be said only over bread which is
baked, thus even a mixture of hard 0bread-like$ consistency, if
it is boiled, e.g. dumplings?, or is fried, requires the blesssing
boreh mineh m'zonot prior to partaking of it, even if it has the
appearance of bread. However, a G-d fearing person will eat
these types of bread only after first blessing on regular bread
osince some opinions require thehamotzi blessing to be said on
these types of bread as well$. (ibid.)
A pie filled with meat or fish or cheese require the hamotzi
blessing prior to eating, and birkat hamazon afterwards (ibid.).
Such pies do not follow the rule ofpat ha-ba'a b'kisnin, mentioned

The Place and Time of Eating Bread

177

above (13), which are filled with honey or sugar or nuts, since
it is not common practice to make a meal from them. On the
contrary, meat and fish are eaten as part of the meal, and the
type of pies mentioned here thus constitute a meal in
themselves. (Magen Avraham, ibid.)

AL HASHULCHAN
1.

2.

F r o m the rule regarding cheese mentioned in para. 22

above, we derive that one is required to wash for bread and
recite the hamotzi blessing p r i o r t o , and birkat hamazon after
eating pizza. However, i f the dough is kneaded w i t h sugar a
in such a way that the sugar can be tasted a the blessing boreh
mineh m'zonot p r i o r to p a r t a k i n g o f i t , and the blessing al
ha-michyah after partaking o f it, may be recited.
I n the latter case, when the pizza-dough is kneaded w i t h
sugar so that the the blessing boreh mineh m'zonot p r i o r to
partaking o f it is recited, one should not make any blessing
on the cheese, since it only acconpanies the crust. Thus the
blessing on the crust exempts the cheese from a blessing
(Zechor le-Yitzchak 47, mentioned in Beit Simcha p. 75).
The master o f the house himself should slice the bread in
order to give generous portions, even if there is a guest who
is more renowned than he. However, i f he wishes to honor
his guest w i t h blessing hamotzi, he may do so. (Ben Ish Chai,
Emor,

3.

7).

The person who intends to bless over the bread, and include
others i n his blessing should pronounce the words loudly
and clearly, so that all his fellow diners w i l l hear each w o r d
o f the blessing. I n a d d i t i o n , he should have i n m i n d that he
is exempting others from their obligation to recite the
blessing. Similarly, they should have in m i n d that their
obligation is being discharged in this way.
There are pious people who a before reciting a blessing

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Chapter Forty-Two

which also exempts others from their obligation to make a

blessing a are careful to expressly utter the words, 'Behold, I
have intention to exempt from the obligation to recite the
blessing, all those that hear my blessing'. This custom is
correct.
The fellow-diners o f the one who recites the blessing should
respond w i t h a clear Amen after the blessing. I n this way,
the person who recites the blessing can fulfill his obligation
to respond 'Amen to a blessing, by hearing the response o f
others.
A guest who hears the master o f the house blessing
hurriedly and in an unclear way, or i f he fears that he d i d not
intend to include h i m in the blessing, may himself bless
quietly and discreetly. I t is best, for the sake o f peace, that
the master of the house should be unaware o f his blessing. A
son who is dependent on his father may do likewise, i f
necessary, (ibid., 9)
A person should be careful not to t h r o w bread to ones
fellow diners, since this is not respectful to the bread.
Instead, he should should lay the slice d o w n as far as he can
reach. However, he should not place the slice of bread in the
other person's hand, this being the custom reserved for
those in m o u r n i n g . F o r the same reason, one should not
hand bread directly to children, but rather place it in front
of them, and they w i l l take by themselves, (ibid., 11)
Even though one has begun chewing some o f the bread on
which he made a blessing, he should not talk u n t i l he has
swallowed the first bite. However, i f he d i d speak, he should
not repeat the hamotzi blessing (ibid., 14).
I f the person who makes the blessing on behalf o f others
interrupts in such a way that he has to make the blessing
again, and his fellow diners who intended to be included in
his blessing d i d not make an interruption, they have fulfilled
their obligation, and need not wait for h i m to bless again.
However, i f the other diners spoke after the person blessing
on their behalf had tasted from the bread, but they
themselves had not yet had bread, they should not make a
1

4.

5.

The Place and Time of Eating Bread

6.

blessing. Since this matter is one o f disagreement amongst

the poskim, we follow the rule that one should be lenient i n
cases o f d o u b t about blessings. Nevertheless, those
concerned should t h i n k the blessing over in their hearts, and
then eat. (ibid., 16).
Before one sits d o w n to a meal, a person should empty his
bowels and bladder, particularly if he feels the need to do so.
Besides the benefits to health, there are also reasons for this
according to the secret explanation o f T o r a h (sod). (Ben Ish
Chai, Behar-Bechukotai,

7.

179

3).

A person is forbidden to eat anything u n t i l he has fed the

animals that are dependent on h i m for their food, as is
evident f r o m the verse, 'grass in your fields for your cattle,
and y o u shall eat and be satisfied' which mentions animals
before humans. However, a person may d r i n k before giving
his animals to drink, (ibid., 4)
8.
A person should be careful in the observance o f the laws o f
derech eretz (proper manners) pertaining to meals, as
expressed by our sages: When t w o people are eating
together and one o f them needs to interrupt the meal briefly,
his friend should wait for h i m to return before continuing
the meal. However, i f the food w i l l become spoiled or cold,
he need not wait, (ibid., 6).
9.
One should not l o o k another person eating in the face, nor
at what he eats, in order to avoid embarrassing h i m .
W h e n the food is served on a tray, a person should not
examine the portions i n order to choose the best food, but
should take whatever comes to hand. The food should then
be placed i n his plate and not held in the hand.
W h e n eating w i t h a spoon, one should not overfill i t .
(ibid., 7).
10. A person should take care to remain clean, and be careful o f
his clothes while eating. He should always use a fork or
spoon, and never stuff his m o u t h .
A person should observe all matters o f proper conduct even
when alone at home, and how much more so in company,
(ibid., 8)

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11.

Chapter Forty-Two

I t is not proper to chew and eat quickly, but rather slowly

and in a well-mannered fashion, even if one is d i n i n g w i t h a
g l u t t o n . I f the meat is tough one should not tear it w i t h his
hands and teeth. Rather, one should not eat it at all. (ibid.,
9)
12. I t is not proper to bite from a slice o f bread larger than a
k'beitza, nor should one drain one's cup in a single gulp.
Rather one should d r i n k in accordance w i t h local etiquette.
I t is proper to wait for for one's seniors to help themselves to
food first. This rule applies even if there is a plate in front o f
each person.
A n y o n e who transgresses these, or other, rules o f proper
conduct, is a g l u t t o n and a gorge, and belongs to those who
said 'stuff my belly'. He is surely tangled up w i t h unholiness,
and i f he is a learned person, he profanes the name o f
Heaven. Thus our sages have said, 'proper conduct precedes
T o r a h ' . A l l this has been elaborated on in books o f Mussar
(proper moral conduct and the fear o f Heaven), (ibid.)
13. One should be joyous and not troubled or angry d u r i n g his
meal, whether one eats a little or a lot. Care should be taken
to eat the healthiest and most nutritious food, and not that
which is momentarily delightful. A person should always
suppress his cravings for food and drink.
The sages o f Mussar have written that when a sweet and
delightful food is placed before a person, and he holds
himself back from indulging in it in order to expiate his sins,
this act o f repentance is as beneficial as fasting, (ibid, 10).
14. One should not eat and d r i n k standing up. Thus, even on
Shabbat and the festivals, where the blessing over wine is said
standing, the custom o f Rabbi Yitzchak L u r i a (the A r i z ' l ) ,
was to sit before d r i n k i n g the wine.
One should not sleep immediately after a meal. N o r should
one get up immediately after the meal, but rather rest for the
time that it takes to recite the after-blessing appropriate for
that food, e.g. after bread one should remain sitting for the
time it takes to recite Birkat Hamazon, after mezonot a the time it
takes to recite the Al Hamichya blessing, (ibid, 11).

The Place and Time of Eating Bread

15.

181

A guest should do what his host, or the head o f the

household, requires o f h i m , and he shouldn't refuse a
request. He should lodge w i t h his host according to local
custom, and should remain there in accordance w i t h the
state o f relations between them. I t is not proper to request a
meal u n t i l it is offered. However, one may ask for water,
(ibid, 12).
16. One should not offer another the remains o f bread or fruit
f r o m which he has eaten. N o r should one give another to
d r i n k f r o m a cup from which he has d r u n k , lest the person
d r i n k f r o m it out o f politeness, and the loathesomeness o f it
injures h i m . I t may even cause his death.
Rabbi Eliezer the Great, i n his W i l l , warns not to d r i n k the
remains o f anothers cup, for there may be saliva from an i l l
person i n the remains o f the d r i n k . However, members o f a
household may d r i n k from the kiddush cup from which the
head o f the household has d r u n k , since they are aware that
he has no infectious disease, ( i b i d , 13). Thus, when one has a
guest, it is best to p o u r h i m his o w n glass o f wine, i n order
that he w i l l not have to d r i n k from his hosts cup, and
members o f the household w i l l not have to d r i n k f r o m the
same cup as the guest drank from.

182

CHAPTER FORTY-THREE
LAWS PERTAINING TO ONE WHO NEGLECTED
TO RECITE A BLESSING OVER FOOD AND
DRINK. WASHING BETWEEN MEAT AND FISH.
BLESSING OVER WINE DURING A MEAL.
1.

2.

3.

4.

5.

6.

If a person neglected to make a blessing and filled his mouth

with liquid, he should swallow what is in his mouth. The
blessing which he neglected need not be recited (Shulchan Aruch
ch. 172). This rule applies when he has no other liquid to drink,
and he needs what is in his mouth. However, if there is more to
drink, he should spit out the contents of his mouth, rather than
derive benefit from this liquid without a blessing. (Be'er Heitev,
Ra'avad, Bach ibid., 3)
If a person neglected to make a blessing and filled his mouth
with food, if the food will not be disgusting he should spit it out
and recite the appropriate blessing. However, if the food is
disgusting, He should simply remove it to one side of his
mouth and recite the blessing. (Shulchan Aruch ch. 172).
Washing the fingers between fish and meat is an obligation,
since failing to do so makes one liable to illness. It is a general
principle that laws pertaining to danger are more severe than
those pertaining to forbidden foods, (ibid., ch.173)
The blessing over bread does not exempt one from blessing
over wine which is brought during the meal. Thus, one should
recite the blessing Boreh pri Hagefen. The blessing over wine
exempts one from blessing over all other liquids, (ibid ch 174).
However, if a person began drinking wine before the meal
started, the blessing he made over this wine exempts him from
blessing over wine brought during the meal. Similarly, the
blesssing over the wine of Kiddush exempts him from making
another blessing on wine during the meal (ibid.)
The initial blessing over wine is sufficient to cover all the wine
drunk during the meal, unless one had intended to drink no
more than one cup at the time of making the blessing.

Laws Pertaining One who Neglected Recite a Blessing over Food and Drink

7.

8.

183

Therefore, if he decides to drink more, a second blessing is

required (ibid.)
One is not required to make a blessing after wine drunk during
a meal, since it is covered by birkat hamazon. The same rule
applies to wine drunk prior to the meal, (ibid.)
A person who drinks water or another liquid (other than wine)
during a meal is not required to recite a blessing over it, since
one does not generally eat without drinking. Therefore, these
liquids are considered to be part of the meal itself. This rule
applies even if one was thirsty prior to the meal, but he did not
drink for fear that the water would injure his health. Thus the
water is for the sake of the bread and the blessing over bread
thus includes the water, (ch. 174)

AL HASHULCHAN
1.

2.

3.

One who ate other types o f baked goods (mezonot) before

blessing over bread, should recite the the blessing al hamichyah p r i o r to washing for bread. However, if he neglected
to make the al ha-michyah blessing, and remembered only
after reciting the hamotzi blessing, he should have intention
that birkat hamazon w i l l also cover the baked goods he ater
previously. (Ben Ish Chai, Nasso, 4)
I f one ate fruit or drank before blessing over bread, and he
neglected to recite the appropriate after-blessing before
washing for bread, he must recite the blessing even during
the meal. The reason for this ruling is that birkat hamazon
includes only those foods which constitute a meal, or which
are eaten during the meal, (ibid, 4)
One who neglected to recite the appropriate blessing before
p a r t a k i n g o f food, is nevertheless obligated to recite the
proper after-blessing, i f he ate a sufficient amount. (Kaf
Hachaim ch 172:2)

184

CHAPTER FORTY-FOUR
LAWS PERTAINING TO THE BLESSING
Hatov v'hametiv OVER WINE.
1.

If people were drinking wine, and another type of wine was

brought to them, the blessing Borei pri hagefen is not recitted
again. Rather, the blessing Hatov v'hametiv should be recited.
(Note: this rule applies even if none of the wine over which the
^ original blessing was recited remains).
This rule applies not only when the second type of wine was
brought from elsewhere, but even if it was in their posession at
the time that the original blessing was made. (Note: i.e. as long
as the second wine was not in front of them at the time. I f it
was in front of them they need not recite Hatov v'hametiv).
{Shulchan Aruch ch.

2.

175)

One should recite the Hatov v'hametiv blessing every time a

different wine is brought, even if one is not sure that the new
wine is better than the previous one. However, if one knows
that the second wine is not as good as the first, he should not
recite Hatov v'hametiv. (ibid.)

3.

4.

5.

If two types of wine a a good wine and a bad wine a were placed
before a person, he should recite the blessing Borei pri hagefen
over the good wine, thus including the bad wine in the blessing.
One should not make the blessing Borei pri hagefen over the bad
wine, in order to be able to then say Hatov v'hametiv over the
good wine. The reason for this is that one should always recite
the blessing over the more delightful and preferable object,
(ibid).
One should not recite Hatov v'hametiv unless at least two people
are sitting together. Hatov implies that it is good for the one
reciting the blessing, v'hametiv implies that it is good for his
fellow. The same rule applies when one is together with one's
wife or children, but not when one is alone (ibid.)
I f many people are drinking together, one person may recite
Hatov v'hametiv on behalf of everyone.

Accompaniments to the Meal and Desserts

6.

185

I f wine squeezed from a single crop of grapes was placed in

two barrels within forty days of picking, they are considered to
be two types of wine, since each fermented in its own barrel
and thus has its own distinctive taste. Thus one may recite
hatov v'hametiv before drinking the second one.
However, if the wine was separated into two barrels after
forty days, they are considered to be the same since they
fermented together. Thus one may not recite hatov v'hametiv
(Levush, ibid.)

CHAPTER FORTY-FIVE
ACCOMPANIMENTS TO T H E MEAL AND
DESSERTS.
The words Birkat hamazon a i.e. Grace after meals a have been left
untranslated as it is assumed that the reader is familiar with the
term$
1.

Food such as meat, fish, eggs, vegetables, cheese, porrige or

pickled foods that generally accompany bread as part of a
meal, do not require a blessing prior to eating them, since the
blessing over bread includes them. This rule applies even if
they are not actually eaten with bread. Nor do they require a
separate after-blessing, since birkat hamazon includes them.
However, foods that are not generally part of a meal, i.e. that
do not generally accompany bread, such as figs, grapes and
fruits, require a blessing prior to partaking of them if they are
eaten without bread. The reason for this is that they are not
considered to be an essential part of the meal.

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Chapter Forty-Five

Even in such a case, these foods do not require a separate

after-blessing, since birkat hamazon includes them.
When one began eating these fruits, if he ate some bread with
them, and he also finished them together with bread, no
blessing is required prior to eating them, even if at some stage
they are eaten without bread. (Shulchan Aruch ch. 177)
2.

One who fears Heaven will refrain from partaking of foods

that are served after the main meal (i.e. desserts), such as
cooked fruits. There is uncertainty as to whether these foods
require a blessing before eating them at the end of a meal, or
not, and thus the possibility of making an unnecessary blessing
arises. On the other hand, to derive benefit from this world
without making the prior blessing is like stealing from
Heaven. Therefore one who is careful in his observance will
eat these desserts only after birkat hamazon. (Minhagim).

3.

However, if one eats fruits as part of the main meal, their

status is the same as that of any other food that is parrt of the
main meal, and they do not require a separate blessing before
eating them, nor after eatting them. This rule applies even if
one did not begin or conclude eating these fruits together with
bread.
There are other opinions which argue that these fruits do
require a blessing if one did not initially eat them together with
bread. Therefore, the best thing to do is to eat them initially
with a piece of bread, even if one eats them without bread
afterwards. (Shulchan Aruch, ch 177)

4.

I f food from another house arrives after one has already

recited the blessing over bread, one is required to make the
appropriate blessing on the additional food prior to eating it,
since he did not have it in mind when reciting the blessing,
(ibid.)

Accompaniments to the Meal and Desserts

187

AL HASHULCHAN
1.

A G d f e a r i n g person w i l l ensure that he has i n m i n d any

food which might be brought to the table, even from afar,
when reciting the initial blessings.
There are opinions which disagree w i t h the opinion o f the
Shulchan Aruch i n paragraph 4 above. They maintain that one
should not recite a blessing over food which is brought from
another house, since a person usually has in m i n d any food
which might be brought to the meal. Therefore, to avoid
contention, a person should be sure to have all foods i n
m i n d when he recites the blessings over bread and wine and
fruits, even food wich may be brought unexpectedly and
f r o m afar. Since everything is thus included in the initial
blessing, he need not recite a second blessing (Ben Ish Chai,
Nasso, para. 12)

2.

A t the Shabbat evening meal, it is customary to sit for three

or four hours, particularly in the winter, and follow the
main course with fruit. Therefore, one should leave some
bread on the table u n t i l birkat hamazon, i n order to show that
the meal is not yet over.
The reason is as follows: i f the diners were to discontinue
eating bread, they w o u l d have to recite a blessing both
before and after anything that subsequently came to the
table, whether they constitute part o f the main meal, such as
fish, or not, such as fruit, since hamotzi and birkat hamazon do
not cover anything which is not part of the main meal. Thus,
bread should be left on the table, and a G-d fearing person
w i l l make sure to eat some before birkat hamazon i n order to
show that in fact he has not discontinued eating bread (ibid,
para 10).

3.

I f one ate a cooked dish comprising cucumbers, or i f one ate

pickled cucumbers w i t h the main meal, and after the meal
raw cucumbers are b r o u g h t to the table, there is

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Chapter Forty-Six

disagreement as to whether one should recite a blessing

before eating them. Therefore, a G-d-fearing person should
eat something else which requires the blessing borei pri
ha'adamah, and thereby exempt the cucumbers. The same
rule applies i n any similar case.
Alternatively, one may recite a blessing over the cucumber
at the beginning o f the meal, before eating the pickled or
cooked cucumbers.
I f none o f the above was done, one should not eat the raw
cucumbers before birkat hamazon. However, i f another person
is able to make the appropriate blessing, it is proper to be
included i n his blessing (ibid. 11; see Z'chor 1'Yitzchak Harrari,
48)

CHAPTER FORTY-SIX
WHAT CONSTITUTES AN INTERRUPTION
DURING T H E MEAL.
1.

There is an opinion that a person in an orchard who has recited

a blessing over the fruit of one tree, need not recite another
blessing if he wants to eat fruit from all the trees. This is on
condition when reciting the blessing he intended to eat from
the other trees as well.
However, if he goes from one orchard to another, he must
recite the blessing again, even if the orchards were close
together, and even if he also had the second orchard in mind
when reciting the blessing (Shukha.i Aruch ch 178)

2.

I f one ate bread in one place, thus obliging him to recite

birkat

What Constitutes an Interruption During the Meal

189

hamazon

there, and he transgressed and went to eat elsewhere

(before reciting birkat hamazon), he should recite birkat hamazon
in the second place only, (ibid)

3.

There are opinions that all fruits of the seven species (with
which the Holy land has been blessed) require an afterblessing in the same place where the initial blessing was made.
The accepted opinion is that this rule applies only to the five
species of grain (ibid)

4.

I f a person remembers in the middle of a meal that he has not

prayed, the law requires him to stand up from his meal and
pray, for one may not eat until one has finished one's prayers.
Nevertheless, this does not constitute an interruption, (ibid)

5.

Dozing during a meal does not constitute an interruption. Nor

do other permissible interruptions, such as going to relieve
oneself, (ibid)

6.

After the meal is over, and one has washed one's fingertips
before birkat hamazon (mayim acharonim), one may not eat or
drink until one has recited birkat hamazon.
If he said hav /an v'nivhch ('let us bless' a the customary
invitation to the other diners to recite birkat hamazon), he may
not drink before birkat hamazon unless he recites a blessing over
the beverage, since he no longer had in mind to eat. However,
he may continue eating (without reciting any blessings) even if
he no longer intended to eat, even if the food had already been
removed, for as long as he has not washed his fingers he has
not completely separated himself from eating. (Shulchan Aruch,
ch 179, according to the opinions of Rabbenu Yona and the Ran)

7.

I f a guest at another's table says hav lan v'nivrich, it does not

constitute the end of his meal, for he depends on the intention
of his host (ibid). However, theBe'erllatev writes in the name of
the Magen Avraham that if he clearly intended to stop eating
when he said he may no longer eat or drink, even if his host

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Chapter Forty-Six

continues to eat and drink.

If the guest does continue eating, he must recite the appropriate
blessings over his food and drink prior to partaking of them.
How much more so if he washed his fingers (ibid)
8.

Taking a cup of wine in order in order to recite birkat hamazon

constitutes a decision to stop eating, even one did not say hav
lan v'nivrich, nor wash his fingers, (i.e. the same rule as washing
the fingers applies here. Magen Avraham, ibid)

9.

If a person enters a friend's house, where a number of groups

of people are eating, and someone from each group (or even
several people from one group) offer him a cup of wine, there is
an opinion that he should recite a blessing before each cup.
According to this view, his status is that of one who has
decided not to drink further, but who later changed his mind to
drink another cup. (ibid)
The Be'er Hatev writes this in the name of the Taz (ch 174, para.
5): a person bought a single loaf of bread for himself, with the
intention that this would be his meal, but after finishing it he
wanted more. If he sends someone to buy him another loaf it is
clear that he must recite the hamotzi blessing a second time.

10. People invited to anothers house to eat various types of fruit

which are brought to the table one after the other, should
recite only the initial blessing. In this case they assume the
generosity of their host (Shulchan Aruch ch 179)
11. One who changes his place while eating is presumed to have
completed his meal, and is thus obliged to recite the
appropriate after blessings before leaving the table. I f he did
not do so, he must recite them on returning. Thus, if a person
was eating in one house and interrupted his meal to go to
another house, or if someone called him outside to chat, and he
returns to his original place, he was obliged to recite birkat
hamazon before leaving the table. If he did not do so, he must do
so afterwards. Only then can he recite hamotzi and complete

What Constitutes an Interruption During the Meal

191

his meal.
The same rule applies if a group of people who were dining
together all leave their place to go and greet a bride or groom.
However, if at least one of the group remained in his place,
they may resume their meal without blessing at all when they
return. The same rule applies if they were drinking, or eating
fruit. All this is according to the opinion of Rabbi Yosef Karo,
the author of the Shulchan Aruch, ch 178.
However, Rabbi Moshe Isserlis (the Ramah), writes the
following in the name of the Rashbam, Rosh, Mordechai, and the
Tu!: there are those who argue with the opinion expressed
above. Their view is that a change of place constitutes no more
than taking one's mind off one's meal.
If he simply changed his place, the law is that one is not
obliged to recite an after blessing on what he already ate,
although he is obliged to recite the proper blessings over what
he will eat. However, he is required to recite these blessings
over what he will eat only if he left the room and none of the
people he was eating with remained in the room, and what he
ate were types of food which do not require an after blessing to
be said specifically in the place where they were eaten, such as
fruits. But if at least one of his fellow diners remained, or even
if none remained, but he ate foods which require their afterblessings to be said in the place where they were eaten, he need
not bless again before resuming his meal.
However, if in fact he took his mind off his meal, when he
returns he is obliged to recite blessings over what he wants to
eat, even if he had eaten bread. In addition, there is no
difference whether he wants to continue his meal in his
original place, or in another place. This is the content of the
Ramah's words.
The author of Or Chadash writes the following in principle 44:
since there is a disagreement about the law here, we follow the
general rule that in a case of doubt about a blessing we take a
lenient view.

Chapter Forty-Six

That is to say, if a person ate food which does not require an

after blessing in the place where he ate originally, such as
apples, and he changed his place, he must make a blessing only
on that which he wants to eat, and not an after-blessing on that
which he already ate. This rule applies even if a fellow diner
remained in the original place.
However, if a person ate food which requires an after-blessing
to be recited in the place where he ate originally, such as food
prepared from the five types of grain, including bread, and he
changed his place, he need not make any blessing, neither after
what he already ate, nor before what he wants to eat. This rule
applies irrespective of whether he returned to his original
place, or resumed his meal in a second place.

AL HASHULCHAN
The general rule in a case of doubt is that we follow the
lenient opinion, even if it is contrary to the opinion of our
holy teacher the Beit Yosef, which we generally accept. Since
there are many opinions in the above matters, we will
mention the final decisions of the later commentators in this
regard:
If a person made his meal in one place where he recited the
blessing and ate bread, and then changed his place in
the middle of the meal, even if he went to another house,
and even if he did not leave a fellow in the original place, the
law is as follows:
If he took his mind off eating, he should recite a blessing
prior to eating those things which are not part of the main
meal, irrespective of whether he eats them in a second place
or whether he returns to the original place and eats them
there.
However, he should not recite a blessing over those foods
hamotzi

What Constitutes an Interruption During the Meal

193

which are part o f the main meal, whether he eats them in a

second place, or whether he returns to his original place and
eats them there. This rule applies even i f he has taken his
m i n d off eating, since as long as he is i n the middle o f a meal,
we consider his meal unfinished. Therefore, his going to a
second place is not considered to be the end o f his meal,
even i f he has taken his m i n d o f f eating, being that he is still
obliged to recite birkat hamazon i n his original place 0 a n d until
he has done so his meal is considered unfinished$. (Ben Ish
Chai, B'ha'alotcha,

2).

A l l o f the above applies i f a person transgressed and

changed his place.
I n the first place, however, a person should be careful not to
u p r o o t his meal to a second place u n t i l he has recited birkat
hamazon, even i f he leaves fellow diners at the table. The
reason for this is that the after-blessing which must be
recited over those types o f food in the place where they are
eaten, because o f their importance, should be recited prior
to changing one's place. This applies even though a person
intends to eat i n the second place as well, and w i l l recite the
appropriate after-blessings there, since this does not help
the fact that what he ate originally also requires an afterblessing in its place.
However, after the fact (b'di-avad), i f he had already left his
original place, he should not recite any blessings before
continuing his meal. I n addition, since he is obliged to recite
the appropriate after-blessings i n the place where he ate, he
should n o w eat a little in the second place in order that he
can recite the blessings there.
W h a t was said above applies when a person recited the
blessing w i t h o u t any intention to complete his meal
elsewhere. However, if his intention when he recited hamotzi
was to complete his meal i n another place, he may recite
birkat hamazon in the second place, since he d i d not establish
his meal i n the original place. This is customary among
travellers, who may eat on the road and bless in the place
hamotzi

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Chapter Forty-Six

where they complete their meal, since this was their original
intention.
W h e n does the latter rule apply? When a person leaves his
original place and completes his meal in a second place.
However, i f he left his original place w i t h the intention to
return and complete his meal, this is not called 'leaving
one's place', even i f he d i d not leave a fellow diner behind.
Nevertheless, our sages forbade doing this in the first
instance, for fear that one might forget to return and recite
birkat hamazon. Thus, the sages allow one to leave his place
only i f he intends to eat in the second place, for in this way
he w o n ' t come to forget to recite birkat hamazon.
The rule that one should not leave one's place to return
later, applies when one is going for purposes other than a
mitzvah, or even for the purpose o f fulfilling a mitzvah which
could be fulfilled at a later time. However, i f one needs to
attend to a mitzvah which he w i l l not be able to fulfill later,
such as to j o i n a funeral procession, or to pray w i t h a minyan
(quorom), he may leave his place in the first instance, and
recite birkat hamazon on his return. This is the rule even i f he
did not leave a fellow diner in the original place, (ibid.)
3.

Types o f mezonot which require the alhamichya after-blessing,

and also fruits o f the seven species and wine which require
the alha-perot and al ha-gefen after-blessing respectively, have
the same status as bread, regarding moving from one's
place. Thus, it is forbidden to move from one's place before
reciting birkat hamazon, since there are opinions that these
foods also require an after-blessing i n the place where they
are eaten, (ibid, 3. See also para. 5 below)

4.

Types o f food and d r i n k after which one recites the blessing

boreh nefashot rabot do not require the after-blessing to be said
in the place where they were eaten, but may be said
anywhere, according to all opinions. Thus, rising from
one's place i n order to leave, signals the completion o f one's
meal. I f one then wants to eat in another place, he is

What Constitutes an Interruption During the Meal

195

required to recite a blessing p r i o r to eating, even though he

has not yet recited an after-blessing on what he ate
previously.
This rule applies even though his original intention was to
continue his meal in another place. Since he changed places
he is required to recite the appropriate blessings again.
Similarly, i f he returns to his original place after going to
another house, he is required to recite the blessings before
partaking o f any food.
A l l o f the above rules i n this paragraph apply i f he went
f r o m one house to another. However, i f a person merely
went from one r o o m to another i n the same house, i f his
original intention was to eat i n the second r o o m also, he
need not recite another blessing p r i o r to eating there. I f this
was not his original intention, but he decided later to eat in a
second r o o m , then he must recite the proper blessings
before eating.
However, even i f one d i d not originally have intention to eat
in another r o o m , but the r o o m where he began eating is
visible f r o m the other r o o m , he need not make a second
blessing on what he w i l l eat there. H o w much more so is this
true when one moves f r o m one corner o f the r o o m to
another. There are opinions that disagree w i t h this ruling,
and therefore i f it was not his original intention to do so, he
should not leave his place (ibid, 4).
W h a t was mentioned above in paragraph 3, that types o f
mezonot and fruits o f the seven species and wine have the
same status as bread regarding their after-blessing, is true
only if one ate the equivalent o f a k'zayit o f bread which thus
obliges the person to recite an after-blessing in that place.
However, i f one d i d not eat the equivalent o f a k'zayit o f
bread, one's status is that o f a person who ate the types o f
food mentioned i n paragraph 4, whose after-blessing is boreh
nefashotrabot, which does not require an after-blessing in the
original place.
I n addition, even i f one ate a k'zayit o f these foods, but he did

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Chapter Forty-Six

not intend to l i m i t his meal to one particular place, and he

ate as he walked around the house from r o o m to r o o m ,
holding the food in his hand, he may recite the after-blessing
wherever he finishes. F o r is this not also the c o m m o n
practice w i t h travellers w h o eat bread on the j o u r n e y and
recite birkat hamazon wherever they finish their meal? ( i b i d , 5)
6.

I f a person who ate bread or other foods which require an

after blessing in the original place, transgresses and leaves
his place before blessing, he must return to his original place
to recite the after-blessing, irrespective o f whether he left
deliberately or accidentally. This rule applies as long as he is
not so far away from his original place that his meal w i l l be
digested by the time he returns.
Even though there are commentators who suggest that in
the above case he should simply eat a k'zayit w o r t h o f bread
(or mezonot, i f this is what he ate originally) in the second
place and then recite birkat hamazon (or the appropriate after
blessing) there, this amendment is not without problems.
For such a case entails doubt as to whether one is obliged to
recite the hamotzi (or borei minei mezonot etc.) blessing again.

Thus the best thing to do, according to all opinions, is for

someone else to recite the hamotzi blessing w i t h the intention
of exempting h i m . I f this cannot be done, he should return
to his original place to recite birkat hamazon.
I f he cannot return to his original place, e.g where the
original place is not clean and it cannot now be cleaned, or
he is travelling w i t h a caravan which w i l l not wait for h i m ,
he should recite the after-blessings i n the second place.
However it is preferable that another person should recite
the appropriate blessings before eating, w i t h the intention
of including h i m in the blessing (as mentioned above),
(ibid., 6).
7.

The area of four amot (approximately 6 feet) which surrounds

a person, is considered to be one place. Thus, anywhere
w i t h i n this area one may change place and recite the after-

Laws Pertaining to Mayim Acharonim and Wine for Birkat Hamazon

197

blessings, even for a m i n o r reason. However, one should

not go beyond this area except for a major reason, and out
o f great necessity. One who is careful not to change his place
even w i t h i n four amot is w o r t h y o f blessing, (ibid 7).
8.

W h a t was stated at the beginning o f this chapter (paragraph

1), concerning eating in a orchard, is referring to a orchard
which is surrounded by fences. However, one's intention to
eat fruit from all o f the trees i n a orchard which is not fenced
i n , are worthless. Thus, only i f one can see the place where
he made the original blessing before eating is he not
required to recite a second blessing. But i f he cannot see the
original place, whether because o f distance or because o f
some object b l o c k i n g his view, he is required to bless again.
I f he can see only part o f the original place, this is also
sufficient.
The rules mentioned i n this paragraph apply not only to
fruits in an orchard, but to all types o f food, (ibid, 10).

CHAPTER FORTY-SEVEN
LAWS PERTAINING TO Mayim

Acharonim

AND WINE

FOR birkat hamazon.

The words birkat hamazon a i.e. Grace after meals a have been left
untranslated as it is assumed that the reader is familiar with the
term
1.

Mayim acharonim

(i.e washing off the fingertips with water after

a meal) is obligatory. One may not wash onto the ground, but
rather into a vessel, because of the spiritual impurity which
resides on mayim acharonim. I f one does not have a vessel for this

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198

purpose, one should wash mayim acharonim over twigs, etc.

(Shulchan Aruch Chapter 181). One may wash mayim acharonim
onto the floor, however, since spiritual impurity only resides
on the ground. (Magen Avraham 10C cit).

One need wash only up till the second joint of the fingers.
(Shulchan Aruch Chapter 181).

2.

Birkat hamazon

3.

The cup of wine used for birkat hamazon or kiddush or havdalah

(the blessing over wine which separates between shabbat and
the week) etc. may not be pagum'blemished' i.e. the wine
must not have been drunk from previously. If even a little wine
was sipped from the cup it is considered unfit for use. Even if
one drank from the decanter, and not from the cup itself, it is
unfit for use. There is an opinion which states that that even
water which was drunk from may not be mixed with wine over
which a blessing will be said. (Shulchan Aruch ibid).

4.

When a person pours a cup of pagum wine back into a wine

bottle, it is kosher for use because, as it gets poured in, the
individual drops successively become subsidiary to the bulk of
the wine in the bottle. Pagum wine can also be made usable by
pouring a little bit of fit wine into it, in the cup. Even water
suffices for this. When there is no alternative, one can also say
the blessing over a cup of pagum wine (ibid).

should be recited over wine only, and not over

other types of beverage, even though one based one's meal on
them. I f no wine is available in that region, and beer or other
types of drink are the local beverage, one may recite birkat
hamazon over them. However, water may not be used for this
purpose. (Shulchan Aruch ch 182).

199

C H A P T E R 48

Fixing the place of the meal for Birkat Hamazon. Until when can a
person who forgot to say Birkat Hamazon still say it. The required
amount of food for Birkat Hamazon.
A.

A person who ate in one place must say Birkat Hamazon

before moving away. However, moving from one corner of the
room to another is not considered a change of place.
Similarly, as long as he can still see his former place it is not
considered moving away, (siman 174,178, and Be'er Heitev)

B.

A person who left the place where he ate and did not say
Birkat Hamazon, whether by mistake or on purpose, must go
back to say it. However, if he said Birkat Hamazon in the
place where he remembered, he has fulfilled his obligation.
That only applies to a person who has no more bread, though.
If he has more bread he must eat some at his new location and
say Birkat Hamotzi, as Maran wrote in siman 179 regarding
a person who changes his mind. (See ibid, and also op cit 178.)
Then he should say Birkat Hamazon. However, that is only
when he still feels full from the place where he ate first. If he is
no longer full from eating in that place, then he must not eat
nor say Birkat Hamazon. See below (siman 184).

C.

Not only when he eats bread does he have to say Birkat

Hamazon in the place where he ate, but also when he eats any
of the five grains, and even pat haba b'kisanin (ibid).

D.

A person who ate and isn't sure whether he said Birkat

Hamazon or not, must say it because of the doubt, since
Birkat Hamazon is commanded in the Torah, and when in
doubt regarding the fulfillment of Torah commandments one
must perform the commandment again (ibid). The Be'er
Heitev wrote in the name of the Knesset Hagedola, It can be

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derived from the words of Harav Hamechaber that one does

not have to say the blessing of Hatov Vehameitiv in case of
doubt, because it is only derabbanan. Similarly, if a person
has not eaten enough to qualify for kedei sevia, and is in doubt
whether he has said Birkat Hamazon, he need not repeat it,
because in such a case he only has to say Birkat Hamazon
miderabbanan. However, in the responsa of Harash Chayun,
it says that one must repeat Birkat Hatov Vehameitiv when in
doubt, so that people won't take this blessing lightly. And
Harash Halevi wrote likewise, in siman 44.(op cit, siman 184) Al
Hashulchan: Hagaon Hamechaber ruled differently, and Ben
Ish Chai ruled that after all, doubts regarding blessings are
always ruled leniently.
E.

A person who forgot to say Birkat Hamazon and recalled

later, can say the blessing until the food is digested in his
stomach, which is when he no longer feels full from having
eaten (Magen Avraham: which is six hours). We consider the
food to be fully digested from the time that a person starts
feeling hungry, and then he must not say the blessing any
more. Likewise, when a person has eaten fruit or drunk wine,
and he cannot estimate whether the food is digested or not, if
he does not feel hungry or thirsty and does not have an
appetite for those fruits or the wine, he should say the
concluding blessing (ibid).

F.

The Be'er Heitev wrote in the name of the Magen Avraham as

follows: We have to study what the halacha would be in the case of a
person who did not eat enough to feelfull.

Since before he ate he was also

hungry, it seems to me that he should compare how hungry he is after

eating with how hungry he was before. However, we are not capable of
estimating that properly, so therefore, one should instead eat a little bit
before Birkat Hamazon. If one had not intended to eat any more he should
first say Birkat Hamotzi (ibid).

G.

It seems to me that by eat a little bit he really means that one

must eat a whole kezayit, because if one eats less than a

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201

kezayit it is possible (since we are unable to assess it) that the

food one ate previously was already digested, and so the
bracha might end up being a bracha levatala, but if one eats a
whole kezayit he won't have that problem.
H.

The amount of eating required in order to recite Birkat

Hamazon is a kezayit, and if one eats less than a kezayit he
must not say any final bracha.

I.

A person must say Birkat Hamazon out loud so that he can

hear himself, however if he did not say it out loud he has still
fulfilled his obligation, as long as he pronounced the words
with his lips (Shulchan Aruch, siman 183).

J.

The Be'er Hetev wrote in the name of the Sefer Hachinuch

and the Ateret Zekeimm: Ifound that the reason that there is no 'feh
sofit' in Birkat Hamazon is that anybody who recites Birkat
with proper concentration

will not be subject to any 'af or

Hamazon
'ketzef

heavenly wrath, and he willfind his sustenance with prosperity and dignity
for all his life (ibid 185).

K.

Some say that when reciting Birkat Hamazon with his wife
and children, the head of the house should recite his blessing
out loud so that they fulfill their obligation by listening to him
(ibid).

L.

Even when a person is drunk to the extent that he cannot

speak properly, he can still recite Birkat Hamazon (ibid).

M.

If he was totally drunk or was in the presence of feces when he

recited Birkat Hamazon, in such a case Tosafot and the Rosh
are in doubt about whether he should recite it again. However
if there was only urine near him, then it is clear that he does
not have to repeat Birkat Hamazon. (ibid)

N.

The compiler adds: It seems to me that if he feels very full, in

which case his obligation to say Birkat Hamazon is

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mide'oraita, then he should say it again. But if he is not so full

then he does not have to repeat it, because it is only a doubt
concerning a derabbanan. To me this is clear.
O.

Women must recite Birkat Hamazon, however it is doubtful

whether they are obligated mide'oraita and therefore can
motzi a man or whether they are only obligated miderabbanan,
and therefore can only do so for whoever is likewise only
obligated miderabbanan (siman 186).

P.

A child must say Birkat Hamazon miderabbanan in order to

get accustomed to saying it. The opinion that a child can bless
for his father only applies when the father isn't fully satiated,
and therefore is likewise only obligated miderabbanan. (ibid)

Q.

During Hannuka and Purim, one must recite Al Hanissim

before Al Hakol. In case one forgets, there is no need to
repeat it. However, it can be recited with the other
Harachamans, Harachaman hu ya'aseh lanu nissim kemo she'assa
bey amim hahem (siman 187).

AL HASHULCHAN
A.

The A r i , z.l., wrote that during Birkat Hamazon a person

must express extreme j o y in his heart and he should recite
the blessing through extra delight. The Rashash wrote in
his siddur as follows:
Prior to reciting B i r k a t Hamazon, one must have the
intention o f fulfilling the positive commandment o f saying
Birkat Hamazon with awe, love, extreme concentration,
great j o y , and goodness o f heart to draw forth bounty,
great blessing, M o c h i n , life and nourishment to Malchuta
Kaddisha d ' A t z i l u t , and f r o m it to us and to all the holy
worlds. One should close his eyes, clasp his right hand over
his left, as i f he is sitting i n front o f the k i n g o f the universe,

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203

M a l c h u t a Kaddisha d'AtziJut, and he should have the

intention o f fulfilling a positive commandment de'oraita o f
blessing after the meal, as it says, And you should eat, and be
satisfied, and bless...

This is the f o r m u l a to be said before Birkat H a m a z o n :

F o r the sake o f the Unification of the
H o l y One, Blessed is H e , and His Presence, in fear and love,
to Unify the Name, Y u d K a y Vav K a y , i n perfect U n i t y , in
the name o f all Yisrael, we are ready to fulfill the positive
commandment of the T o r a h to recite Birkat Hamazon, as it
says i n the T o r a h , 'and y o u should eat and be satisfied and
bless Hashem your G-d, for the good land He has given
y o u / to rectify the source o f this commandment i n the
place on high. M a y it be Y o u r w i l l , Hashem our G-d and
G-d o f our fathers, that the first, second and t h i r d blessing
which we shall now recite over our meal w i l l be valuable,
acceptable and desired by Y o u , and Y o u shall give us
strength, ability, and help to draw forth four M o c h i n to
Yisrael and Rachel. A n d the f o u r t h blessing which we shall
now recite w i l l also be valuable, accepted and desired by
Y o u , and Y o u shall give us strength, ability and help to
draw f o r t h four M o c h i n to Yaakov and Rachel. A n d may it
be considered before Y o u as i f we had all the proper
intentions in these four blessings o f B i r k a t H a m a z o n , and
may it be may the pleasantness my L o r d our G - d be u p o n
us a may He establish our h a n d i w o r k for us: our handiwork
may He establish (Ben Ish Chai, Chukat 1. 2).

Leshem YichudKudsha....

B.

The four blessings o f Birkat H a m a z o n have the same status

as Shmone Esreh, and therefore must not be interrupted to
respond to K a d d i s h , Kedusha or Barachu. Rather one
should keep silent and listen as one does during Shmone
Esreh. I f one hears M o d i m he should bend his head i n the
direction that the congregation does, (ibid 3)

C.

One must sit d o w n d u r i n g B i r k a t H a m a z o n and not stand

or w a l k . One must not lean, as it is a sign o f arrogance,

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rather one should sit full o f fear. Some say that even a
bracha me'en shalosh should be said seated, and it is proper
to be careful regarding all brachot (ibid 4).
D.

One must not say B i r k a t H a m a z o n while d o i n g w o r k , nor

even while d o i n g any t r i v i a l activity such as w i p i n g one's
hands or p u t t i n g on a coat and so on, since Birkat
Hamazon and the A m i d a prayer are equal in these matters
(the only difference is that the A m i d a is recited standing up
and Birkat H a m a z o n sitting d o w n ) . One must not recite
Birkat Hamazon quickly but enunciate each w o r d distinctly.
Likewise, one may not signal to others, even w i t h one's eyes
(ibid 5).

E.

A person who ate mezonot and is not sure i f he said the

concluding blessing, or who ate bread and is not sure if he
ate a whole kezayit, or a woman who ate bread and was
satiated and isn't sure whether she said Birkat Hamazon,
should better eat another kezayit or have someone else motzi
them. I f neither o f these is possible, they must not recite the
blessing i n doubt (ibid 9).

F.

Regarding a person who was satiated from a previous meal

which he ate just p r i o r to this one, and which filled h i m due
to other foods which he ate along w i t h the bread, in such a
case the p o s k i m are in doubt whether he is obligated to
recite B i r k a t Hamazon mide'oraita. Therefore, i f in such a
case a person is i n doubt whether he said the blessing or not,
he must not say the blessing in doubt, but rather should
hear the blessing from others with the intention o f being
yotze with their blessing, (ibid 10)

G.

We have already w r i t t e n in paragraph O that women are

obligated to recite Birkat Hamazon, but there are women
who are unaware o f that who eat w i t h o u t reciting the
bracha. Therefore, a person must teach his wife and
daughters the w o r d i n g o f Birkat Hamazon and other

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205

when he remembered, he should repeatbirkat hamazon from the

beginning, and add in the sections for Shabbat andRosh Chodesh
in their proper place, (ibid.)
5.

The rules applying to the third Shabbat meal are the same as
those for Rosh Chodesh. (ibid.)
Regarding the Festivals, the above-mentioned rules apply only
to the evening meal and the first day meal (Tashbatz chap 110,
Magen

6.

7.

Avraham).

If three men ate together on Shabbat or on a festival, and they

forgot to add in the section relating to that day, when they
repeat birkat hamazon, each one does so by himself. There is no
need to repeat the invitation to recite birkat hamazon together,
for they have already fulfilled their obligation in this regard,
(ibid.)
If one was still eating when Shabbat concluded, the section for
should be added in in birkat hamazon, since the meal was
begun on Shabbat. The same rule applies to Rosh Chodesh,Purim,
and Chanuka. (ibid.)

Shabbat

That which the Shulchan Aruch writes in chapter 271, para. 6,

does not contradict the above-mentioned rule. In that case, if
one completed one's meal, and Shabbat began before one had
recited birkat hamazon, the ruling is that one should recite birkat
hamazon over one cup of wine, and afterwards one should recite
kiddush sanctifying the Shabbat over a second cup of wine.
During birkat hamazon one should add in the paragraph
beginning rtzei v'hachalitzenu for Shabbat, even though he has not
yet recited kiddush.
From this one would understand that the ruling depends on
when one ended one's meal, which seems to contradict the
principle mentioned above that we base our ruling on when the
meal was begun.
However, there is no contradiction since that case rules for the
person who neglected to pray the mincha prayer that afternoon,

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and who therefore must recite the Shabbat evening prayer

twice. This is what Rabbi Yosef Caro writes in his book, the
Beit Yosef, chapter 271, in the name of the Rosh. This is also his
final decision in the Shulchan Aruch (ibid.)

AL HASHULCHAN
1.

That which the author o f this w o r k , Shulchan Hamelech,

brought as a final decision i n para. 2 above, that on the
Festivals one repeats birkat hamazon in the event that one
forgot to add in the ya'ale v'yavo section, is the decision o f
Rabbi Yosef Caro in the Shulchan Aruch.
However, the Ben Ish Chai (Chukat, 21) states that since there is
disagreement in this matter, the principle o f leniency in a
case o f doubt applies here, and one should not repeat birkat
hamazon, except on the first night o f Passover, and the first
night o f Succot. The Ben Ish Chai, however, declines to involve
himself in deciding between the opinions, and suggests that
it is preferable to discharge one's obligation by hearing
birkat hamazon from someone else.
Regarding that which the author o f this w o r k , brought as a
final decision in para. 5 above, that the rule regarding the
t h i r d Shabbat meal is like that o f Rosh Chodesh, and one need
not repeat birkat hamazon, the Ben Ish Chai (Chukat, 20) States
that according to the mystical teachings one should repeat
birkat hamazon even at the t h i r d Shabbat meal. However, any
additional meal other than the three prescribed meals,
follows that ruling, and one need not repeat birkat hamazon. I n
this case t o o , the Ben Ish Chai declines to involve himself in
deciding between the opinions, and suggests that it is
preferable to discharge one's obligation by hearing birkat
hamazon from someone else.

Chapter Forty-Eight

1.

207

When a Festival or the intermediate days of the Festivals or

Chodesh fall on Shabbat, one adds in the paragraph
beginning r'tzei v'hachalitzenu first and then the paragraph
beginningya'ale v'yavo. Shabbat should not be mentioned in the
ya'ale v'yavo section. Neither should a Festival nor the holiday
nor Rosh Chodesh be mentioned in the r'tzei v'hachalitzenu section.
Rosh

(Shulchan Aruch chapter 188).

2.

On Shabbat, if one neglected to add in the paragraph beginning

and one remembers before beginning the
hatov v'hametiv section, one should add in the words, 'Blessed
are you L - r d our G-d, King of the universe who has given us,
His people Israel, with love, the Sabbath for rest as a sign and
a covenant. Blessed are You, L - r d , Who has sanctified the
Sabbath'.
r'tzei v'hachalitzenu,

One who does not know the liturgy of this blessing should
return to the beginning of birkat hamazon (Taz).
On a Festival, if one neglected to add in the paragraph
beginning ya'ale v'yavo, and one remembers before beginning
the hatov v'hametiv section, one should add in the words,
'Blessed are You, L - r d our G-d, King of the universe who has
given the people of Israel Festivals in which to rejoice and be
happy, this Festival of.... (here the name of the Festival should
be mentioned). Blessed are You, L - r d , Who has sanctified
Israel and the Festivals'.
On a Festival which falls on Shabbat, if one neglected to add in
the paragraphs beginning r'tzei v'hachalitzenu, and ya'ale v'yavo,
and one remembers before beginning the hatov v'hametiv
section, one should add in the words, 'Blessed are You, L - r d
our G-d, King of the universe, Who has given the Sabbath for
rest to His people Israel, in love, as a sign and a covenant, and
Festivals in which to rejoice and be happy, this Festival of....
(here the name of the Festival should be mentioned). Blessed
are You, L - r d , Who has sanctified the Sabbath and Israel and
the Festivals'.
If one remembers only after he has already begun the hatov
section, he should return to the beginning of birkat

v'hametiv

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hamazon.

However, after beginning the hatov v'hametiv section, if one had

said only 'Blessed are You, Lrd our G-d, King of the
universe', with the intention of continuing with the rest of the
third paragraph, and then he remembered, he should continue
with the words ' who has given us the Sabbath for rest or
Festivals etc.'. This is the law even though he began the
blessing without the intention to conclude in this way.
3.

If one neglected to add in the paragraph beginnings 'ale v'yavo

for Rosh Chodesh before beginning the hatov v'hametiv section,
one should add in the words, 'Blessed is He Who has given the
days of Rosh Chodesh to His people Israel, for rememberance'.
He should not mention the Divine names, nor conclude the
blessing. This rule applies irrespective of whether he erred at
night or during the day. However, if one had already begun the
hatov v'hametiv section when he remembered, he should not
repeat birkat hamazon, since one is not obligated to eat bread on
Rosh Chodesh
which would require birkat hamazon. Note:
Nevertheless one may say the blessing mentioned above
among the Harachaman blessings.
The same rules that apply to Rosh
intermediate days of the Festivals.

4.

Chodesh

also apply to the

If Rosh Chodesh falls on Shabbat and one remembered to add in

the paragraph beginning r'tzei v'hachalitzenu for Shabbat, but he
neglected to mention the paragraph beginning ya'ale v'yavo for
Rosh Chodesh, he should not go back to the beginning if he had
already started the paragraph of hatov v'hametiv.
If he also forgot the paragraph beginning r'tzei v'hachalitzenu for
Shabbat, but he remembered before starting the paragraph of
hatov v'hametiv, he should mention Shabbat and Rosh Chodesh
together by reciting the following addition: '...Who has given
us the Shabbat for rest and Rosh Chodesh for a rememberance'.
He should also recite the Divine names, and conclude the
blessing in the proper way.
However, if he had already begun the hatov v'hametiv section

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brachot hanehenin. There is an abbreviated f o r m o f Birkat

H a m a z o n printed in the siddurim, for women who find it
hard to say the whole blessing. This was primarily for
women in former generations who d i d not k n o w how to
read, however nowadays women can say the blessing from
a written text. Still, a women who has difficulty reading can
use the abridged f o r m . This is the most concise f o r m , which
every woman can memorize: Brich Rachmana Maran Malka
d'alma, Marei d'hai pita, Brich Rachmana d'zan I'chuia. Everyone
must teach a woman who cannot say the full blessing to
recite at least this abridged f o r m (ibid).
H.

Some people eat very slowly and therefore they do not eat a
whole kezayit, which equals 9 drams (about 27 grams),
w i t h i n the time o f achilat pras, which is the time it takes to
eat three eggs which equal 54 drams (this amount is under
dispute among the later poskim (see Shiurei T z i o n , p.71).
F o r the stringent view we must consider it to be 4 minutes,
and for a sick person on Y o m K i p p u r it should be taken as 9
minutes, shortening it as needed to a m i n i m u m o f 4
minutes. See ibid). Therefore, those who eat slowly must be
warned to eat at least one kezayit in less than achilat pras.
But after having eaten a whole kezayit i n the proper time,
they can finish eating as slowly as they please. This is
because it is under dispute whether someone who d i d not
eat quickly enough is obligated to recite the blessing, and in
case o f doubt concerning blessings we take the lenient
opinion (ibid 12).

I.

I f a person ate and threw up and is not sure whether a

kezayit was left i n his stomach, it is doubtful whether he
should recite the blessing or not. Therefore he should either
eat more, or i f he cannot he should hear the blessing from
another person and be yotze w i t h that. I f that is also not
possible, he must recite the blessing w i t h o u t saying
Hashem's name, and he should think Hashem's Name and
M a l c h u t in his m i n d . The same applies for the final

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blessings after all other kinds o f food or d r i n k (ibid 13).

J.

When a person recites the Harachaman section o f Birkat

H a m a z o n , anyone who hears h i m must answer A m e n for
each verse. A person is allowed to respond to Kaddish,
Kedusha, etc, d u r i n g this section, but must not stop for
mundane matters. A person who recites the blessing over a
cup o f wine must not interrupt w i t h t a l k i n g between Birkat
Hamazon and Boreh Pri Hagefen (ibid 18).

K.

A guest should be careful to bless his host as Chazal have

instructed. Also, anyone who blesses other is blessed
himself. I f there are a number o f people hosting the meal
simultaneously one should say He will bless the hosts of the meal
(Baalei Haseuda) and the formula should be, bebanim sheyichyu
uv'nechasim
sheyirbu
(with children who should
live and w i t h wealth that should increase) and not w i t h any
other f o r m . A t a seuda in honor o f a chatan and kalla, one
should bless the chatan and kalla. A t a seuda in honor o f a
b r i t m i l a , one should bless the child, etc, as is printed in the
siddurim.

CHAPTER FORTY-NINE
Birkat Hamazon ON

Shabbat.

LAWS PERTAINING TO ONE WHO ERRED.

The words birkat hamazon a i.e. Grace after meals a have been left
untranslated as it is assumed that the reader is familiar with the
term

Birkat Hamazon on Shabbat

211

2.

A t all o f the four meals o f Shabbat 0 i . e . including the Melave

Malka meal held after Shabbat (see Ben Ish Chai, Vayetze second
cycle, 26)$, and on Rosh Chodesh and Festivals, one should say
migdol in birkat hamazon, in place o f magdil, which is said d u r i n g
the week.
The Chessed L'alafim writes in the name o f Rabbi D a v i d
Pardo, o f blessed memory, that according to the mystical
teachings, also d u r i n g birkat hamazon following the meal
celebrating a brit milah, one should use the migdol version. I n
the unpublished w o r k entitled Keter Malchut, the author
writes that also in birkat hamazon following the Purim feast one
should say migdol. Ben Ish Chai (Chukat, 19)

3.

That which the author o f this w o r k brought as a final

decision above, that in birkat hamazon after a meal which was
begun on Shabbat and continued u n t i l after Shabbat, a person
should add in the section beginning r'tzei v'hachalitzenu, is
correct only as long as he d i d not pray ma'ariv in the middle
o f his meal. I f he had already prayed ma'ariv, however, he
should not add this section.
Similarly, a person should not add in the section beginning
r'tzei v'hachalitzenu if he spent such a long time eating his meal
that what he ate on Shabbat was already digested by the time
he recited birkat hamazon after Shabbat. (ibid. 22)

4.

W h e n Rosh Chodesh falls out after Shabbat, i f one began one's

meal on Shabbat and completed it after Shabbat, one should
add in the section beginning r'tzei v'hachalitzenu, but not ya'ale
v'yavo for Rosh Chodesh. T o recite b o t h o f them w o u l d be
contradictory.
However, the after-blessing over the cup o f wine which was
used to recite birkat hamazon, should mention Rosh Chodesh and
not

Shabbat.

Similarly, after a meal begun on the seventh day o f feasting

for a g r o o m , but which was concluded d u r i n g the night
beginning the eighth day, one does not recite the seven
blessings said for a groom, (ibid.)

212

CHAPTER FIFTY
JOINING T H E RECITATION 0 birkat hamazon IN A
GROUP O F T H R E E AND O F TEN.
LAWS RELATING TO T H E INVITATION
TO JOIN birkat hamazon.
Three or more people who eat their meal together are required to
recite birkat hamazon (Grace after meals) together. The recitation
is preceded by an invitation, called a zimun, to recite birkat
hamazon. (Shulchan Aruch chapter 192).
1.

If the person Xeadxngbirkat hamazon in a group often men erred,

and did not mentionE-lohenu in his zimun, and his fellow diners
did not remind him, he may not repeat it. However, if his
fellow diners did not answer, he may repeat it. (Shulchan Aruch
chapter 192)

2.

I f two people eat together, even though one of them can recite
the hamotzi blessing on behalf of both of them, each must recite
birkat hamazon on his

own.

When does this apply? When each of them knows how to recite
birkat hamazon. However, if only one of them knows how to
recite birkat hamazon, he should recite it on behalf of both of
them. The other person fulfills his obligation in this way, as
long as he understands Hebrew, and is able to follow word by
word with the intention of fulfilling his obligation. The one
reciting birkat hamazon must also have intention to include his
the other person in his recitation.
One who does not understand Hebrew, cannot fulfill his
obligation by hearing another person recite birkat hamazon.
Three men that sat down together to eat may not recite birkat
hamazon separately. Two men who sit down together to eat
should search for a third person to eat with them, in order that
he may be counted as the third person necessary to recite birkat
hamazon together.
Four or five men may not split up, since each person is obliged
to recite birkat hamazon in the group. However, from six to nine
men may divide into groups of at least three, since each group
will be able to recite birkat hamazon as a group. Ten men may

Joining the Recitation of Birkat Hamazon in a Group of Three and of Ten

213

again not split up, since the zimun in a minyan requires the
leader to mention E-lohenu.
More than ten men may again not split up until there are
twenty since it is a mitzvah to recite birkat hamazon in a minyan.
(ibid, chap 193)
3.

Even if the three men who recite birkat hamazon together did not
originally sit down to eat at the same time, but rather two of
them sat down to eat together, and the third joined them later,
or one sat down to eat and he was joined another two, even so,
they may not split up. The reason for this is that when they
concluded their meal they constituted a group, (ibid.)

4.

If three men were eating together, and one of them erred and
recited birkat hamazon alone, the other two can still include the
third and recite the zimun. However, only the two who recite
birkat hamazon together fulfill their obligation to recite birkat
hamazon in a group, while the third person does not fulfull his
obligation, for one cannot do so retroactively, (ibid. 194)

5.

I f three men were eating together, and one of them left to go

about his business, the two remaining men call him back and
inform him that they want to recite birkat hamazon, in order that
the third will have the proper intention, and will join them and
answer the zimun. In this way, they fulfill their obligation, even
though the third person does not actually come and sit with
them.
The above rule applies when there are between three and nine
men. However, if there are ten men, in which case the zimun
mentions E-lohenu, if the tenth person left, they may not join to
recite the zimun for a group often until he actually returns and
sits with them, (ibid)

6.

Two groups of diners eating in one house, or in two houses,

may join together to recite birkat hamazon, if some of one group
can see some of the other group. I f this condition is not
fulfilled, they do not join together, (ibid chapter 195)

7.

In all cases where two groups join together to recite birkat

it is necessary that the members of both groups can
hear clearly the words of the person reciting the zimun. (ibid.)

hamazon,

8.

One who ate forbidden food, even if the food was forbidden by

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Chapter Fifty

Rabbinical decree only, cannot be counted as part of the zimun

together. In addition, one may not recite a blessing over
forbidden foods prior to eating them, nor afterwards. However,
if one ate forbidden foods in a case where not eating such a
food would endanger life, one does recite a blessing both
before and after, (ibid chapter 196).
One who ate less than a k'zayit (approximately 27 grams), may
not be counted as part of a group for reciting birkat hamazon.
(ibid.)
9.

If two men who ate together and completed their meal, were
then joined by a third man, he may be counted as the third
person necessary to birkat hamazon together, as long as the two
who ate together were still able to eat more food. They are
obliged to give the third person food to eat so that he can join
them. The above rule applies only if the third person arrived
before the other two had already decided to recite birkat
hamazon by stating, 'hav lan v'nivrich\
'let US recite birkat

hamazon . (ibid. 197)

10. A tenth person who ate only vegetables etc., can join nine other
men that ate bread, enabling them to recite the version of the
zimun which includes E-lohenu. This rule applies even if he didn't
partake of the main meal.
Moreover, even if the tenth man only drank a revi'it (approx.
86.4 cm3) of any beverge other than water, he may join them.
However, only one of those who ate bread may recite birkat
hamazon.

The above rule applies even if only seven people ate bread and
three ate vegetables etc. However, if only six men ate bread,
they may not be joined by four who ate only vegetables etc. to
form a minyan for birkat hamazon, since the law requires a
recognizable majority (i.e. 7). (ibid.)
11. When does the above rulethat one who ate any type of food
can be counted as part of the zimunapply? To join a minyan of
ten. However, he cannot be counted as the third member
unless he ate bread.
There are opinions that if the third person ate a k'zayit (approx.
27 grams) of grain-based foods other than bread, this is also
sufficient. Yet other opinions state that even vegetables or any
other foods are enough.
Therefore, in order to avoid doubts, if a third man joins two

Joining the Recitation of Birkat Hamazon in a Group of Three and of Ten

215

other men who ate together, they should try and convince him
to eat a k'zayit of bread. If he refuses, they should not give him
other foods or beverage. If, however, they did give him to eat
or drink, he may be counted as the third man, even if he didn't
eat bread, (ibid.)
12. A person who joined others to form a group for birkat hamazon
must nevertheless recite his own after-blessing over what he
ate. He is not exempted from doing so by the birkat hamazon
which they recite, (ibid.)
13. I f a person who hasn't eaten enters a place where others are
about to recite birkat hamazon, he should also respond to the
leader's zimun, in the following way: If the group reciting birkat
hamazon is less than ten, to the leader's invitation, 'let us bless
Him of whose bounty we have eaten', one who did not eat with
them responds, 'Blessed and praised be His Name continually
for ever and ever'. He then responds, 'Amen' to the group who
recites the words, 'Blessed be He of whose bounty we have
eaten etc'
If there are ten or more in the zimun his first response is,
'Blessed be our G-d and praised be His Name continually for
ever and ever'.
The same rules apply if a person sat with others during their
meal but he did not eat anything, (ibid, chapter 198).
14. A minor who understands to Whom the recitation of birkat
hamazon is addressed, may be counted as one of the number
required to recite the invitation to birkat hamazon, whether it is
recited in a group of three, or in a group often, (ibid, chapter
198).
15. I f three men ate together, and two of them decide to recite
birkat hamazon, the third is obliged to stop and respond in the
proper manner. Even if he does not want to interrupt his meal,
the other two can recite birkat hamazon and include him as part
of the group, whether or not he responds properly, as long as
he is present. (Nevertheless, he does not fulfill his obligation.
Magen

Avraham).

However, two men eating are not obliged to stop for one man
who wants to recite birkat hamazon, therefore there is no
obligation to recite birkat hamazon together, unless they want
to.

216

Chapter Fifty

If only one of the group recites the invitation to the others to

recite birkat hamazon, they need not respond if they do not want
to interrupt their meal. Even he is not allowed to recite birkat
hamazon alone and go about his business. He must wait for the
others to finish eating and recite birkat hamazon together with
them. How could he recite birkat hamazon alone, since he has
already become obligated to recite birkat hamazon together with
the group? (ibid, chapter 200).
16. In the event that a person must interrupt his meal in order to
answer to the zimun, he need only wait until responding,
'Blessed be He etc/ before resuming his meal, (ibid.)

AL HASHULCHAN
1.

One should make a big effort to recite birkat hamazon in a

group of three, for it is very effective in driving away the
forces of evil, as Rabbi Yitzchak Luria, of blessed memory,
wrote. How much more so is it a mitzvah to make an effort to
recite birkat hamazon in a minyan, in order to recite the zimun
using the Divine Name.
The order of the zimun is as follows: One of those who ate the
meal says, 'Let us bless the supreme, holy K i n g \ The others
respond, 'Heaven'. The leader continues and says, 'And
with the permission of the supreme, holy King, let us bless
Him of whose bounty we have eaten'. The others respond,
'Blessed be He of whose bounty we have eaten and by whose
great goodness we live'.
On the Sabbath, the version, 'And with permission of the
Sabbath Queen' is used. On the Festivals, the version, 'And
with permission of the Festival, our holy guest'. On Sukkot
to this he should add, 'and with the permission of the seven
supernal holy guests'.
After the other diners have responded properly, the leader
repeats, 'Blessed be He form whose bounty we have eaten'.

Joining the Recitation of Birkat Hamazon in a Group of Three and of Ten

217

I f there is a minyan reciting birkat hamazon one should not say

' L ' E - l o h e n u ' ( w i t h an T , w i t h the implication 'to our G - d ' ) ,
but rather 'Blessed be our G d ' ' E l o h e n u \ as is f o u n d in
the verse 'Let the nations bless our G d ' , for this is the
correct manner o f prayer. The other version, 'to G - d \ is
used only i n songs o f praise, such as i n 'Offer praise to the
L r d ' . (Ben Ish Chai, Korach, 1).
2.

I f householders living in separate apartments in a c o m m o n

b u i l d i n g eat their meal d u r i n g the summer months in a
c o m m o n d i n i n g area, or on the r o o f o f the b u i l d i n g , each at
his o w n table, the following rules apply:
I f they originally sat d o w n to the meal with the intention o f
eating together, they should recite birkat hamazon as a group.
But i f they originally sat d o w n to the meal w i t h no intention
to eat together, there is some doubt whether they f o r m a
group or not. Therefore, they should be careful to sit d o w n
to the meal w i t h the intention o f j o i n i n g together, (ibid. 3)

3.

When members o f a household eat together, the senior o f

them should recite the blessings over bread and the zimun.
I f there is a visitor, the head o f the house recites the blessings
over bread and the guest recites the zimun.
I f a Cohen is present, it is proper to give h i m precedence and
ask h i m to recite the zimun, as long as no sage is present 0 f o r
a sage takes precedence even over a Cohen$.
I t is proper, however, to give precedence to a Cohen who is a
sage, over a sage who is not a Cohen, unless the former wants
to give the honor to his fellow sage who is not a Cohen. I n this
case, the sage adds i n the words ' w i t h permission o f the
Cohen

in the

zimun.

There are opinions that the same honor should be accorded

a Levi over a Yisrael, but this has not become c o m m o n
custom, (ibid. 14)
4.

W o m e n form a zimun among themselves, but should not

recite E-lohenu in their invitation to recite birkat hamazon.

Chapter Fifty

218

When they eat together w i t h men they are obligated to j o i n

in the zimun. I n this case they fulfill their obligation by
answering the zimun o f the men (Shulchan Aruch chapter 199,

paras. 6, 7)
5.

There are places where peole to not recite birkat hamazon

immediately after the festive meal that is held at a wedding,
and each one recites it on his o w n .
A c c o r d i n g to the law those who sit together at one table are
automatically j o i n e d together, even i f they had no intention
to f o r m a group. Even when people eat at t w o different
tables in the same house, and they d i d not have intention to
form a group, there is disagreement as to whether they j o i n
together anyway, since they eat in the same house, despite
the fact that they eat at different tables. Or whether
intention to j o i n together is necessary for them to form a
group.
We already wrote above that anyone who was obliged to
j o i n a zimun, whether o f t e n w i t h E-lohenu, or of three, may not
leave. Therefore those that recite birkat hamazon on their own
have no basis for d o i n g so. The law requires that i f there are
ten people at the table, the version o f the zimun includes
E-lohenu, and i f there are less than ten the zimun does not
require this a d d i t i o n . Thus, regarding the matter o f two
separate tables, the diners may j o i n to recite birkat hamazon
together w i t h o u t using the version for ten, even though
there are ten, since there is a disgreement whether they j o i n
together or not (see Kaf Hachayim chapter 195, paras. 6, 7).
I n the abovementioned places, the Rabbi or another
i m p o r t a n t person should recite the zimun with E-lohenu
immediately after the festive meal, with the majority o f
people. I t is also proper for h i m to recite birkat hamazon out
l o u d , since there are those that come to weddings' and
particularly among the women, who do not k n o w how to
recite birkat hamazon. When he recites birkat hamazon out loud,
he should intend to do so on behalf o f everyone, and he
should announce beforehand that everyone should have

Joining the Recitation of Birkat Hamazon in a Group of Three and of Ten

219

intention to discharge his obligation t h r o u g h the Rabbi's

recitation. I n this way the Rabbi benefits the c o m m u n i t y at
large and prevents them f r o m transgressing the T o r a h
commandment to recite birkat hamazon. I n a d d i t i o n , the
marriage w i l l be free o f sin, and the married couple, their
families and the c o m m u n i t y w i l l have success. This practice
has already been established i n those places where the
importance o f this amendment is understood.

CHAPTER FIFTY-ONE
LAWS PERTAINING TO BLESSINGS
OVER FRUITS.
1.

One always makes the blessing borei pri ha-adamah on unripe

grapes. When the grapes reach the proper size one recites the
blessing borei pri ha-etz .
On all other fruits one may make the blessing borei pri ha-etz
when the fruit appears on the tree, as long as the fruit is not so
bitter or tart that it is not fit to be eaten, even under difficult
circumstances. In the latter case, if one ate such a fruit, no
blessing should be made (Shulchan Aruch chap 202). (Note: The
blessing for carobs is also borei pri ha-etz, when they are
properly ripe).

2.

The blessing borei pri ha-etz is recited prior to eating fruit-pits

which are sweet. I f the pits are bitter, no blessing should be
made. I f they have been cooked in order to make them edible,
one should recite the she-hakol ni'h'ye bi-d'varoh blessing. (Al
Hashulchan'. this is the conclusion reached in Birkat Yosef vol. 2,

Chapter Fifty-One

220

chap. 7, since there is a doubt as to the proper blessing).

3.

If one drinks olive-oil on its own, no blessing should be made,

since is detrimental to one's health.
If it is mixed with other liquids as a medicinal potion the
blessing borei pri ha-etz is recited, since the oil is the most
important ingredient. If it is drunk for other than medicinal
purposes however, as a beverage, the other liquids are
considered to be of greater importance, and the blessing shehakol is said over it (ibid.)

4.

The blessing borei pri ha-etz is recited over bitter almonds if they
are still small. However, over large bitter almonds no blessing
is said, since they detrimental to health. The reason for this
ruling is that when the almonds are small, they are eaten
mainly for the outer skin which is not bitter, but when they are
large they are eaten mainly for the inner fruit which is bitter.
If they have been cooked in order to make them edible, one
should recite the borei pri ha-etz blessing (unlike fruit pits, as
mentioned above para. 2. The diverse rulings can be explained
in the following way: if fruit pits are bitter they are not called
fruits per se, which is not true of almonds. (Be'er Hatev, Magen
Avraham, Levush,

ibid.)

Sweet almonds, however, which are eaten with the outer skin when still soft
require the blessing she-hakol ni'h'ye bi-d'varoh. (Shulchan Aruch

chap
204, para. 1). TheLevush explains that since people's intention
in planting this kind of tree is not to eat the fruits when soft,
but rather when cooked, therefore the appropriate blessing is

shehakol.

5.

The blessing shehakol is recited over the syrup which oozes out
of dates. Similarly shehakol is recited over the juices of all
fruits excepting olives and grapes, since they are grown
primarily for their juices.
Thus one recites borei pri ha-etz over olive oil when it is mixed
with other liquids for medicinal purposes, as explained in
para.3.

Laws Pertaining to Blessing Over Fruits

221

Since wine is of special importance, the Rabbis established a

unique blessing over it, i.e. borei priha''gejen (Shulchan Aruch chap.
202).
6.

End of season grapes never ripen, thus one recites shehakol over
them and the liquid which is squeezed from them. Similarly,
shehakol is recited over those fruits which remained on the tree
too long, and became scorched and dried out by the sun (ibid.)

7.

The water in which fruits have been a soaked or boiled require

the blessing shehakol, even though they taste of the fruit, for
they should not have a more stringent rule than the juices
squeezed from the fruits themselves (Shulchan Aruch and Levush
-hap. 202).

8.

The water in which raisins and prunes have been soaked or

boiled require the shehakol blessing prior to drinking them.
However, there is some doubt as to whether to recite the borei
nefashot blessing or the al hagefen blessing after drinking them.
Therefore, one who fears heaven will drink these beverages
only during a meal after which birkat hamazon must be recited.
Alternatively, he should eat one of the foods from the seven
species which require the al ha-michya or al ha-etz afterblessings, and also water which requires the borei nefashot afterblessing. 01 n this way he can include the doubtful beverage in
both after-blessings$.
The above rule applies only if the raisins were soaked in water.
However, juice which is derives from the raisins themselves is
actually wine, and requires the borei pri ha-gefen blessing prior
to drinking them, and al ha-gef en afterwards. This is true if the
raisins are still moist and squeezing them would cause the wine
to ooze out. However, if they would be squeezed and no wine
would ooze out, this is not the case, and theshehakol blessing is
recited over the liquid in which they have been soaked (ibid.)

9.

The blessing borei pri ha-etz is recited over all fruits which can be
eaten both cooked and uncooked, such as apples and pears.

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Chapter Fifty-One

If it is common practice to eat a fruit cooked, but not

uncooked, one who eats them uncooked would recite the
shehakol blessing, and borei pri ha-etz if cooked (ibid.).
10. The blessing borei pri ha-etz is recited over ripe nuts which are
fried in honey, which we call chahijuzia (ibid.)
11. The blessing shehakol is recited over soft, unripened nuts which
are boiled in honey, which we call juz ma'kud (ibid.)
12. The blessing shehakol is recited over sugar. Similarly, one who
sucks sugar-cane would recite shehakol (ibid.)
13. No blessing is recited over ginger and onycha and other such
spices, since they are generally eten only when mixed with
food (ibid.)
14. The blessing borei pri ha-etz is recited over muscat nuts (also
called joz al taeb) when eaten dried (ibid). Over ka-ila, which is
called karfa, The blessing borei pri ha-adamahh is recited (ibid
203).
15. The blessing shehakol is recited over fruits which are produced
by non fruit-bearing trees. This rule applies only if the berries
are sour and edible in extreme circumstances. However, if the
berries are sweet, one should recite the borei pri ha-etz blessing
(ibid. 2mABirkei Yosef). Shehakol is recited over the berries found
on myrtle branches (ibid.).

AL HASHULCHAN
1.

There are ripe fruits that are naturally bitter, and will not
become sweeter even if they remain on the tree for an
extended period of time. When they are cooked or prepared

Laws Pertaining to Blessing Over Fruits

223

in some other way in order to sweeten them, the appropriate

blessing should be recited over them, whether borei pri ha-etz
over fruits which grow on trees, or borei pri ha-adamah over
fruits which grow from the g r o u n d . Thus the blessing over
olives, which are naturally bitter, is borei pri ha-etz after they
have been pickled.
However, fruits that are picked when still small and
extremely bitter, such as those called narinj in A r a b i c , which
are cooked in sugar, require the shehakol blessing to be
recited prior to eating them (Ben Ish Chai, Pinchas 2).
2.

Ripe fruits which have been fried or cooked, retain their

original blessing as long as they are recognizable. However,
if they have completely disintegrated so that their original
f o r m is not recognizable, the shehakol blessing is recited.
Thus the shehakol blessing is recited over disintegrated
apricots. I f they are crushed i n t o block f o r m , called kamardin
(or leder) in A r a b i c , one should recite shehakol. Similarly,
before eating dates which are c o m m o n l y crushed in large
pans, one recites the shehakol blessing. However, if they are
crushed only minimally and thier form remains, one recites
borei pri ha-etz (ibid. 3)

3.

There is a disagreement among authorities as to what

blessing should be recited over candied citron or orange
peels. Some opinions maintain that one should recite the
ha-etz blessing. Other opinions maintain that one should
recite ha-adamah, and yet other opinions maintain that one
should recite shehakol. Since there is a doubt, one should
recite shehakol (ibid. 4)

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Chapter Fifty-One

CHAPTER FIFTY-TWO
LAWS PERTAINING TO BLESSINGS OVER
OTHER FOOD.
1.

The shehakol blessing is recited over those foods which do not

grow directly from the ground. In this category are included
meat and poultry, fish, eggs, milk, cheese, mouldy bread,
cooked dishes the contents of which have changed their form
through cooking, or which has spoiled slightly, fruits which
remained on the tree too long, and became scorched and dried
out by the sun, salt, salt-water, soup, truffles, mushrooms,
grape-vine shoots, barley-flour, beer made from barley and
from dates, barley broth (which is cokoed for people who are
ill), wild herbs, cumin, cusbara, vinegar mixed with water until
it is fit to drink, etc. (Shulchan Aruch chap 204)

2.

No blessing is made over vinegar which is drunk undiluted,

since it is detrimental to one's health.
Borei pri ha-gefen is recited over wine which smells like vinegar
but which tastes like wine. However, if people would not
normally drink it because of its sourness, shehakol should be
recited. Borei pri ha-gefen is recited over wine-dregs (ibid.)

3.

One who drinks water when thirsty recites shehakol prior to

drinking, and borei nefashot rabot afterwards. However, if he was
choking on something stuck in his throat, a person would not
recite a blessing before or after drinking water to remove the
food stuck in his throat (ibid.)

4.

A blessing is recited both before and after any food which is

consumed for medicinal purposes if it tastes good (ibid.)

5.

If a person was forced to consume forbidden food or drink

because of illness, he should recite a blessing both before and
after eating or drinking (ibid.)

Laws Pertaining to Blessings Over Other Food

6.

7.

225

Shehakol

is recited over honey from bees and also over those

types of honey called dubash and kamar al din (or leder) and
aksamah in Arabic (ibid, and commentaries).
Quinces which we call sfarjal, and roses which are called
even if they have been crushed very fine, and are
preserved in honey, are the primary ingredient in these
preserves. Therefore, the blessing borei pri ha-etz is recited over
the quinces, andboreipriha-adamah over roses and other similar
condiments (ibid.)

gulbashkar,

8.

Any ingredient which is added to a dish for cohesion or for its

scent or for its coloring is secondary. However, if its purpose
is to give taste to the mixture, it is primary. Therefore, shehakol
rather than borei minei mezonot is recited over honey which is
cooked with wheat-starch as a cohesive ingredient in making
candies, since the honey is the principal ingredient.

9.

The B'er Hatev writes in the name of the Magen A vraham that it is
obvious that the above rule (that something which adds taste
to the dish is primary, even though it is in the minority in the
mixture), applies only to derivatives of the five types of grain.
However, with other types of food, the majority ingredient is
considered to be primary. This is also understood from the
discussion of this matter in the Talmud, and it seems to be a
reasonable conclusion, for if one added onions or vinegar to a
dish (to give it taste), would one recite the blessing appropriate
for the onions or vinegar? (ibid.)

10. The blessing over vegetables is borei pri ha-adamah, even though
they have been cooked. The same rule applies to all fruits and
beans which are good to eat both raw and cooked. However,
cabbage and beets and turnips, which taste better when cooked
than when raw, require the shehakol blessing when eaten raw,
and borei pri ha-adamah when eaten cooked.
Raw garlic requires the blessing borei pri ha-adamah prior to
eating, and shehakol if they have been cooked (ibid. chap. 205)

Chapter Fifty-Two

Turnips which have been cooked or pickled in vinegar or

mustard, require the blessing borei pri ha-adamah prior to eating
them (ibid.)

AL HASHULCHAN
I f one drinks the water which is sometimes found in
watermelons (raki in Arabic) w i t h o u t eating the fruit, one
recites shehakol. However, i f one eatsd the fruit itself, no
blessing need be recited over the water since it is exenpted by
the blessing over the fruit.
The same rule applies to the m i l k found in coconuts (Joz al
hend in A r a b i c ) over which one recites shehakol i f d r u n k on its
own. However, i f one eats the fruit, no blessing should be
recited over the milk {Ben Ish Chai, Pinchas, 9).
Over tea and coffee the shehakol blessing is recited. This has
become the c o m m o n custom. I f one ate coffe beans,
whether whole or ground i n t o powder, although the later
commentators agree that one should recite the borei pri haadamah blessing, the author o f the holy b o o k
Mekabtzie-l
concludes that the poper blessing is shehakol (ibid. 10).
One recites borei pri ha-adamah over roasted chick-peas
in A r a b i c ) , and borei nefashot afterwards. However, i f
they are ground into flour, one recites shehakol, and all the
more so i f they are mixed with sugar (ibid. 11)
(chumatz

I f a person drinks l i q u o r and then eats fruit to sweeten the

sharpness o f the alchohol, since the fruit is eaten only for the
sake o f the alchohol, the alchohol is p r i m a r y and the fruit is
secondary to it. Thus according to the law, he should recite
a blessing over the alchohol only.. There are other opinions

Laws Pertaining to Blessings Over Other Food

227

which disagree and require one to recite a blessing over the

fruiot also. Thus, one who fears heaven w i l l make sure to
recite the blessing and eat some o f the fruit before he begins
d r i n k i n g alchohol.
This is the general rule regarding blessings: when various
types o f food are eaten together, and one type o f food is
p r i m a r y and the other secondary, a blessing is made over
the p r i m a r y food only, and the secondary food is exempted
(ibid. 14)
5.

D o u g h that has been kneaded w i t h honey, or sugar, or

butter, or m i l k , or o i l , or fruit-juice, or wine, or other liquids
(excluding water) requires the blessing borei minei mezonot as
long as the taste o f these ingredients is recognizable in the
mixture. However, i f they cannot be tasted i n the mixture
the hamotzi blessing must be recited (ibid. 20).
One must therefore take care regarding the sweetened challah
loaves which are sold today, since they are made w i t h sugar,
and taste sweet. Some people mistakenly recite hamotzi over
this type o f bread, whereas they should recite borei minei
mezonot. However, i f one bases one's meal on this type o f
bread, so that one eats approximately 215 grams o f it, one
must recite hamotzi, even though it is mezonot and not proper
bread.

6.

A type o f pastry which is shaped into pockets filled w i t h

sugar and nuts or almonds, or fruits and spices before
baking (called sambusak i n A r a b i c ) , require the blessing borei
minei mezonot. Even t h o u g h the dough itself is kneaded w i t h
water only, and is baked i n an oven w i t h o u t l i q u i d , they fall
into the category o f pat ha-ba'ah b'kisnin, since it is not
c o m m o n custom to accompany bread w i t h sugar or spices
(ibid.20)

7.

D r y biscuit-type pastry which is eaten as a snack (such as

the salted sticks or rings called 'beigelacti), require the mezonot
blessing, eeven though they are kneaded w i t h water only.

228

CHAPTER F I F T Y - T H R E E
LAWS PERTAINING TO INTERRUPTIONS AND
ERRORS IN THE BLESSINGS OVER FRUIT.
AFTER-BLESSINGS AFTER FRUIT.
1.

If one recited borei pri ha-adamah over fruit, this is sufficient.

However, if one recited borei pri ha-etz over a vegetable one has
not fulfilled one's obligation.
Therefore, if a person is in doubt whether what he is about to
eat is a fruit or a vegetable, he should recite borei pri ha-adamah.
Reciting the shehakol blessing is sufficient to discharge one's
obligation when blessing over any food, even over bread and
wine. This is not to be relied on in the first instance (Shulchan
Aruch chap 210.)

2.

I f fruits and vegetables were placed in front of a person, and he

recited a blessing over the vegetables with the intention of
including the fruits in his blessing, this is sufficient (ibid.)

3.

Regarding all of these blessings, no interruption must be made

between the blessing and the eating. An interruption is defined
as more than the interval of time which it take to say the words
'Shalom aleichem, mori v'rabf (ibid.)

4.

Blessings should be recited out loud so that the person making

them hears himself reciting the blessings. I f he did not do so,
he has nevertheless fulfilled his obligation.
A person may not recite blessings while undressed, until he has
covered his private parts. Even if he is not undressed, but no
separation has been made between the upper and lower half of
his body, he may not recite a blessing. Similarly, a man may
not recite a blessing if his head is uncovered.
A woman may recite blessings even if she is undressed, as long
as she is sitting down (ibid.)

Laws Pertaining to Interruptions and Errors in Blessing Over Fruit

229

5.

Anything over which a person is about to recite a blessing,

whether over food or scents, should be held in the right hand
(ibid.)

6.

One should not recite a blessing over food or drink until they
are in front of him. Moreover, if one made a blessing and the
food or drink was brought to him after he concluded the
blessing, he must repeat the blessing.
However, a person who recited a blessing over a fruit which is
in front of him, and then more fruit is brought to the table, he
need not bless again. This rule applies irrespective of whether
the fruit is of the same type or of a different type, as lonf as the
blessing is the same (Shulchan Aruch chap. 206)

7.

The Be'er Hatev writes the following regarding the abovementioned rule: The Magen Avraham wrote a lengthy discussion
on this matter, and he concludes that we follow a general rule a
if a person had in mind to eat anything which would be brought
before him, it is obvious that he is not required to make any
more than the initial blessing. If he decided to eat no more and
he then changed his mind, it is obvious that he must recite
another blessing.
The early commentators disagree about the ruling in the case
where he decided not to eat any more, and then changed his
mind. The Kol Bo maintains that one would have to recite
another blessing, since regarding fruit there is no establishment
of place (and therefore changing one's mind after deciding not
to eat any more is like changing one's place).
However, the Smichat Chachamim maintains that in the case of
fruit one need not recite another blessing. However, in the
case of two different types of food, even though they require
the identical blessing, one would have to recite a second
blessing. For example, if one is drinking beer, and then fish is
brought to the table, one would have to recite a blessing over
the fish (ibid.). Note: it is best to be careful in this matter, and
have in mind any food that might be brought to the table when
reciting the original blessing (ibid.)

230

8.

Chapter Fifty-Three

I f one picked up a fruit and made the blessing on it in order to

eat it, and the fruit fell from his hand and got lost or became
inedible, he is obliged to recite the blessing again before
eating. This rule applies even though there were other fruits of
the same type in front of him when he recited the original
blessing. (Note: This is the ruling only if he did not have in
mind to eat any of the other fruits a ibid, and Maharikash)
One must also recite the words 'Blessed be the name of the
glory of His kingdom forever and ever', since he recited a
blessing in vain.
If he was in the middle of the blessing when the fruit fell, and
he had recited only the words 'Blessed are You, Lord' and he
had not yet recited 'our God', he should conclude with the
words 'teach me Your laws'. In this way, it appears that he was
reciting a verse from psalms, rather than a blessing in vain.
A person who wants to drink water from a fountain may recite
the blessing and then drink, even though the water that he
drinks was not in front of him when he made the blessing, since
this was his original intention (ibid. para. 9).
AH fruits (excluding those from the five types of fruit with
which the Holy land is blessed i.e. grapes, figs, pomegranates,
olives and dates) and vegetables and also those types of food
which do not grow from the ground, require the after-blessing
borei nefashot rabot afterwards (ibid. chap. 207)

AL HASHULCHAN
1.

I f there is a doubt about whether a person should recite the

shehakol blessing or the ha-etz blessing on a fruit i n front o f
h i m , and there is another fruit which definitely requires the
ha-etz blessing, he should recite shehakol on the doubtful fruit
first, and then ha-etz on the other one, and not the other way
r o u n d . A n example o f this is sugar which derives from cane,
which requires the ha-etz blessing according to some

Laws Pertaining to Interruptions and Errors in Blessing Over Fruit

231

authorities. ( I t is uncertain whether sugar refined from

beets requires ha-adamah or shehakol)
I f one forgot and blessed first on the fruit which definitely
requires the ha-etz blessing, he should then recite shehakol on
the doubtful fruit since he certainly d i d not have the have in
m i n d to include the doubtful fruit in his ha-etz blessing (Ben
Ish Chai, Pinchas,

16)

2.

I f there is in front o f one a fruit which definitely requires the

ha-etz blessing, and also a fruit which definitely requires the
ha-adamah blessing, and also a fruit about which there is a
doubt whether one recites shehakol, i f one w o u l d recite a
blessing over the doubtful food first, there is a fear that a
blessing has been recited in vain, since he could have recited
ha-etz and ha-adamah, and included the doubtful fruit.
Therefore, o n a weekday one should recite blessings on
those foods which require a certain blessing, and not recite a
blessing on the doubtful food. However, on Shabbat and
Festivals, since it is a mitzvah to increase the blessings that
one recites i n order to reach one hundred blessings, he
should bless first o n the doubtful food, and then on the
others (ibid.)

3.

K i n g D a v i d , peace be w i t h h i m , decreed that one should

recite one hundred blessings each day. D u r i n g the week, this
number is attained by reciting the m o r n i n g blessings, the
prayers and the blessings before and after eating and
drinking.
However, on Shabbat and the Festivals, since the prayers
are composed o f fewer blessings, this number is attainable
through reciting blessings on fruits and spices.
O n fast-days, since the blessings before and after food are
missing, one should be careful to hear and answer 'amen to
the blessings recited before and after each T o r a h reading.
This is sufficient in such a case, as long as one concentrates
during the recitation o f the entire blessing (ibid. Balak, 1)

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Chapter Fifty-Three

4.

A person should be careful to bless slowly and w i t h

concentration, not like those coarse people w h o recite the
blessings skipping letters and words.
I f one neglected to recite the Name and Kingship when
reciting the blessing, he should repeat i t , since a blessing
w i t h o u t Name and Kingship is not a blessing. Even i f one
skipped only the words ' o f the universe', he should repeat
the blessing, since a K i n g without a domain does not express
kingship (ibid. 2)

5.

A person should eat immediately after reciting the blessing,

and should not interrupt at all. A n interruption is defined as
more than the interval o f time which it take to say the words
'Shalom aleichem, mori.
(Note the difference between this
opinion and what was mentioned above para.3).
Thus, when one wants to d r i n k water, i f one is accustomed
to spilling off a little water before d r i n k i n g , this should be
done before reciting the blessing.
Similarly, when d r i n k i n g hot liquids, a person should not
blow on the l i q u i d to cool it after he has already recited the
blessing. Rather, before reciting the blessing, one should
make sure that the food or d r i n k is not so hot that one
w o u l d have to wait before partaking o f it (ibid. 3).

6.

I f a person takes a fruit i n hand and blesses over it, and then
he sees a nicer fruit, he should not exchange them, even if he
had intention to eat the other fruit (ibid.6)

7.

Once a guest recites a blessing over one type o f food, he is

exempt f r o m repeating the blessing over any other food o f
the same type that w i l l be brought to the table, even though
none o f the food over which he originally recited the
blessing remains. The reason for this is that a guest is
dependent on the intention o f his host (as long as the host
did not actually change his m i n d in the middle).
Thus, all those w h o eat at a host's table, even though the

Laws Pertaining to Interruptions and Errors in Blessing Over Fruit

233

host d i d not originally have in m i n d to serve any more than

was already on the table, but in answer to his guests' request
he served more, even so, the guests are not required to
repeat the blessings, since they rely on the knowledge that
their host will serve them as much as they need (ibid. 9)
It is proper that a guest should have in m i n d all beverages
that might be brought to the table when he blesses over the
first beverage. However, even i f he d d i d not have this in
m i n d , he need not repeat the blessing when another
beverage is brought to him (ibid. 9)
I f a person forgot to recite a blessing, and put food in his
m o u t h , and he remembers before chewing the food, he
should spit it into his hand and recite the blessing, as long
the food is o f a type that w i l l not become disgusting to h i m
after spitting it out. I n this case he should not recite the
blessing with the food in his m o u t h , since the verse states,
'may my m o u t h be filled w i t h Y o u r praises' (i.e. when
reciting G-d's praises they should be the only things in one's
mouth).
However, i f the food is o f a type that w i l l become disgusting
to h i m after spitting it out, he should move it to one side o f
his m o u t h and then recite the blessing. He should not spit it
out (being that it w i l l be inedible for h i m ) , since it is
forbidden to waste food.
I f the same thing happens w i t h a beverage, which cannot be
moved to one side o f the m o u t h , he should spit out the
liquid in his m o u t h and let it go to waste.
I f he is in great need o f the l i q u i d , he should t h i n k over the
blessing in his heart and then swallow. I n such an accidental
case, we accept the rule that t h i n k i n g the blessing over is
sufficient. However, he should not swallow and then recite
the blessing, since all blessings must be recited p r i o r to the
deed (ibid. Matot 14).

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Chapter Fifty-Three

CHAPTER FIFTY-FOUR
LAWS PERTAINING TO T H E Al Hamichaya AND
Al Ha-etz AFTER-BLESSINGS.
The words birkat hamazoni.e. Grace after meals a have been left
untranslated as it is assumed that the reader is familiar with the
term
1.

The f i v e fruits with which the Holy Land has been blessed, are:
grapes, figs, pomegranates, olives and dates. After eating a
sufficient amount of them the after-blessing i i k e the three'
(main blessings of birkat hamazon) is recited. (Shulchan Aruch
chap. 208)

2.

The f i v e species of grain with which the Holy Land has been
blessed, are: wheat, barley, rye, oats and spelt. If they are
boiled to the point of disintegration, or are crushed and
cooked, such as dumplings or crushed wheat dishes or
porridge, they require the borei minei mezonot blessing prior to
eating them, and the al hamichayah blessing afterwards.
This rule applies even if the majority ingredient is honey, or
some other condiment. However, if the flour from one of these
grains is added only to thicken the consistency of the mixture,
or to bind it, as is done in lentil stews, for example, then the
flour is considered secondary 0 a n d the appropriate blessing
for the other ingredients of the dish is recitedS (ibid.)

3.

When wheat-flour is added to almonds that have been

prepared for an ill person i.e. mistachlab the al hamichyah
blessing is recited if the flour serves to satiate the appetite, but
shehakol is recited if the purpose of the flour is only to bind the
mixture.
In this case it is better to eat the mistachlab only during a meal,
after the hamotzi blessing, which exempts a person from
reciting all other blessings oover food eaten during the meal$.

Laws Pertaining to A l Hamichaya and A l Ha-etz After-Blessings

235

The author ofEly ah Rabba, of blessed memory, writes that only

where the majority of the mixture is grain-flour from the five
species it is correct to take the above precaution. However, if
the grain-flour is in the minority, this is not necessary, (ibid.)
4.

A person who eats grain uncooked, or roasted, or boiled in

such a way that the kernels remain whole, the borei pri haadamah blessing is recited prior to partaking of them, and borei
nefashot afterwards.
The Tosafot express a doubt about the after-blessing, and state
that perhaps the al ha-michayah blessing is required. Thus they
wrote that it is proper to eat such a dish during a meal, and
exempt it from further blessing (ibid.)

5.

Flour from one of the five types of grain that was boiled and
then mixed with water or another type of liquid, requires the
borei minei mezonot blessing prior to partaking of it, and al
ha-michyah afterwards, if the consistency is sufficiently thick to
be chewed and eaten as food.
However, if the mixture is so watery that it is suitable for
drinking only, theshehakol blessing is recited prior to partaking
of it, and borei nefashot robot afterwards (ibid.)

6.

Rice requires the borei minei mezonot blessing prior to partaking

of it, if it is boiled to the point of disintegration. This is the
conclusion of the majority of later commentators according to
the opinion of Rabbi Yosef Karo. However, if it has
disintegrated completely and was mashed in a grinder (this is
mistachlab as mentioned above), theshehakol blessing should be
recited. (Birkei Yosef and Mechaber ibid.)

7.

Note: on a dish made of mixed beans which remain whole

through the cooking process, and are as good cooked as they
are uncooked, one would recite the borei pri ha-adamah blessing.
However, if the beans have disintegrated completely (i.e. they
were mashed in a grinder, or the dish was cooked with beanflour), one would recite the shehakol blessing. But if one

236

Chapter Fifty-Four

mashed the beans with a spoon in the process of eating, then

one would recite the borei pri ha-adamah blessing. {Magen
Avraham, Sh'lah ibid.)

8.

Shabbat and the Festivals and Rosh Chodesh are mentioned in

the al ha-michyah f al ha-gefen f al ha-etz after-blessing. However,
Channuka and Purim are not mentioned, (ibid.)
On Shabbat, the phrase 'May it please You to strengthen us on
this Sabbath day' should be inserted before the words 'For
You, Lord, are good and do good'.
On the Festivals the phrase 'And cause us to rejoice on this day
of the Festival of
' should be inserted before the words 'For
You, Lord, are good and do good'.
On Rosh Chodesh the the words 'And cause us to rejoice on this
day of Rosh Chodesh should be inserted before the words 'For
You, Lord, are good and do good'. (Be'er Hatev, Magen Avraham
ibid. Note that the latter mentions a different version of the
inserted phrase)

9.

If one ate fruit that requires the al ha-etz after-blessing, and one
also ate baked goods that require the al ha-michyah afterblessing, and drank wine, all of them should be included in a
single blessing, in the following order,al ha-michyah and then al
ha-gefen, and then a/ ha-etz. Thus, one should sayalha-michyah v'al
ha-kalkalah, v'al ha-gefen, v'al ha-peirot.

The conclusion of the blessing is as follows, al ha-aretz, v'al

ha-michyah v'al pri ha-gefen, v'al ha-peirot.

10. I f one ate fruit that requires the al ha-etz after-blessing, and
also other fruit, such as apples, that generally require the borei
nefashot after-blessing, in this case, one need not recite borei
nefashot, since all fruit can be included in the al ha-etz
after-blessing.
However, if one ate apples and drank wine, one must recite
borei nefashot after the apples. If one ate meat or vegetables
together with wine or the fruits that require the al ha-etz
after-blessing, how much more so would one be obliged to

Laws Pertaining to Al Hamichaya and Al Ha-etz After-Blessings

237

recite a separate blessing after each type of food.

The above rule also applies if one ate meat or fish and ate
baked goods which require the borei minei mezonot blessing prior
to partaking of them the al ha-michyah after-blessing does not
exempt these other foods from their own after-blessing.
It is clear that the case in point is where one ate each of the
various types of food individually, and therefore one would
have to make individual after-blessings. This is also understood
from the words oftheShulchan Aruch, which state, 'one who ate
fish or meat and he ate baked goods' ('together with baked
goods' is not stated).
However, if one ate meat or fish as an accompaniment to the
baked goods, one would not be obliged to recite a blessing
prior to partaking of them, nor afterwards. This is the
inescapable conclusion reached by the Mahari-ah (may the
Lord bless and guard him) a based on the language of the
author of the Shulchan Aruch a in the manuscript of his halachic
decisions. His clear proofs leave a knowledgable person
without any doubt in this matter. (Shulchan Aruch chap. 208)
11. If one made the borei pri hagafen blessing over wine, and then one
decided to eat grapes, one must nevertheless recite the borei pri
ha-etz blessing before partaking of them.
Similarly, both should be mentioned in the after-blessing, al
ha-aretz v'al ha-peirot, v'al hagefen v'al pri ha-gefen.

However, if one had intended to include grapes in the borei pri

blessing over wine, no further blessing need be made on

hagafen

the grapes. (Be'er Hatev, Beit Yosef, Magen Avraham,

Taz)

12. If a person erred, and recited borei pri hagafen over grapes, or al
ha-gefen afterwards, instead of al ha-etz, he has fulfilled his
obligation, (ibid.)
13. If a person had already recited the blessing before drinking
wine, and he wanted to drink water afterwards, he need not
recite a blessing over the water, since the blessing over wine
includes all beverages.

238

Chapter Fifty-Four

Similarly, he need not recite borei nefashot afterwards, since the

after blessing on wine exempts all beverages.
14.

Birkat hamazon

does not exempt a person from reciting the al

after-blessing (over baked goods that he ate outside
of the meal). Thus, if one ate porridge, birkat hamazon does not
exempt the person from reciting al ha-michya.
However, birkat hamazon does exempt the person from reciting
al ha-gefen oeven if he drank wine outside of the meal$.
Similarly, if one ate dates ooutside of the meal$, and then he
recited birkat hamazon, he need not recite al ha-etz. This rule
applies even if he had not yet completed the entire birkat
hamazon, only the first paragraph, he has fulfilled his obligation
concerning wine and dates.
However, if he remembers before concluding the first blessing
of birkat hamazon, he should conclude with the al ha-michya / al
ha-etz after-blessing, beginning at the words 'and for the
precious, good and spacious land which You have graciously
given as a heritage to our ancestors', etc. He should conclude
in the proper way for such an after-blessing, (ibid.)
ha-michya

15. That which was stated above, that birkat hamazon does not
exempt a person from reciting the al ha-michya after-blessing, is
true when the person did not have in mind to include that food
when reciting the hamotzi blessing over bread.
However, a food about which he is in doubt which blessing to
recite, and he had in mind to exmpt it when reciting hamotzi, is
exmpted from a separate after blessing when he recites birkat
hamazon. (Halacha Brura chap 168, sub-para. 19).
16. According to this distinction, there is no longer a difficulty
with the contradictory statements that the author of the
Shulchan Aruch makes elsewhere, to the effect that birkat hamazon
does exempt one from recting the al ha-michya after-blessing,
cf. chap 168 para. 17 regarding the law of a thick dough which
is boiled or fried. There, the author states that one who fears
Heaven will eat such 'bread' only after having blessed on

Laws Pertaining to A l Hamichaya and A l Ha-etz After-Blessings

239

regular bread first.

Similarly, in the case of boiled grain in chap. 208 para. 4, he
writes that it is proper to eat this only in a meal, and exempt it
with birkat hamazon, and so on. This is difficult, for is it not so
that birkat hamazon cannot exempt one from reciting the al
ha-michya blessing? But, according to the distinction that the
author of Halacha Brura made, there is no difficulty here!

AL H A S H U L C H A N
1.

I f a person ate rice over which the blessing is borei minei

and borei nefashot rabot afterwards a together w i t h
cake, he should recite the al ha-michya after-blessing on the
cake, and include the rice in this blessing. The same rule
applies even if one ate the rice on its o w n and the cake on its
mezonot,

own.

2.

(Ben Ish Chai, Pinchas

18).

A person w h o eats a cake in the middle o f his meal does not

have to say Birkat Mezonot because Birkat H a m o t z i , which
he said at the beginning o f the meal, exempts i t . I t also
exempts one from saying the blessing Birkat Me'en Shalosh.
However, it is under dispute whether one has to say
a blessing either before or after eating cake for dessert
(ibid 22).

240

C H A P T E R 55

The halacha regarding a mistake in reciting the blessing over wine,

and regarding a person who eats less than a kezayit, and a person
who drinks less than a revi'it.
A.

A person who took a glass of beer or water and started saying

Blessed are You, our G-d, King of the Universe with the intention of
saying shehakol and by mistake said borei pri hagefen does not
have to repeat the blessing because while he said Hashem's
name, which is the main part of the blessing, he had the proper
blessing in mind (siman 209).

B.

A person who took a glass of beer or water and said borei pri
hagefen and immediately realized his mistake and corrected
himself and said shehakol (namely, right after the words borei
pri hagefen he said shehakol nihiya bidvaro) has fulfilled his
obligation (ibid).

C.

In cases of doubt regarding all blessings, whether initial or

concluding ones, one must not recite the blessing, except for
Birkat Hamazon which is mide'oraita (ibid).

D.

A person who eats less than a kezayit 0A1 Hashulchan:

approx. 27 grams, 9 dramsS whether of bread or other foods,
and a person who drinks less than a revi'it 0A1 Hashulchan: 85
grams, 27 drams$ whether of wine or other beverages, should
recite the initial blessing proper to that food or drink, but not
recite any concluding blessing. Some are in doubt whether a
person who ate a food which is a whole, natural unit
(kebriato), such as a grape or a pomegranate seed, but which
is less than a kezayit, must recite a final blessing or not.
Therefore it is proper not to eat less than a kezayit of such
foods. (Note: It is not called a bria unless he ate it in its

Chapter Fifty-JF0B

241

original state, but if he removed the pit the fruit is no longer

called a bria.) If one ate the inside of the pit then it is called a
bria. Regarding grapes and pomegranates, the normal way to
eat them is to eat the pit (Be'er Heitev, Magen Avraham,
ibid). Some are in doubt whether one is obligated to recite a
final blessing after a kezayit of wine. Therefore it is proper to
drink less than a kezayit or at least a full revi'it (ibid, siman
210).
The quantities of all foods are added together to calculate the
kezayit needed for blessings. Half a kezayit of the seven
species of fruits and half a kezayit of other fruits combine to
make one kezayit for blessings, but the blessing said is boreh
nefashot robot (Knesset Hagedola). The ruling is the same
regarding bread and other foods (Magen Avraham). All
liquids add up to a revi'it, but solids and liquids don't add up.
It says in Sefer Gan Hamelech that the sauce over a vegetable
is added to it in calculating the quantity needed for a blessing.
Likewise, bread soaked with any kind of liquid is calculated
by adding the quantity of both the bread and the liquid. But a
sauce on top of meat does not add up because it is considered a
liquid (Magen Avraham). I f a person ate only a little bit and
then had only a little more some time later, if the time
between the two bits was more than the amount of time of
achilat pras then he cannot recite the final blessing. If he
drank half a revi'it and then drank another half a revi'it, if
from the beginning of the first drinking till the end of the
second drinking there was no more than the time required for
drinking a revi'it, then the quantities add up to qualify for a
final blessing. Otherwise, he cannot recite it. (Shulchan
Aruch siman 612). I f a food which originally had a kezayit
shrinks to have less than that amount, one must not recite a
concluding blessing. I f later it swells up again then one can
say the final blessing (Gan Hamelech siman 422 and Yad
Aharon. This whole paragraph is in the Be'er Heitev siman
210).

242

F.

Chapter Fifty-Five

A person who tastes cooked food to know if it needs salt or any

other spice does not have to say a blessing for anything less
than a revi'it even if he swallows it (ibid). Even if he wants to
say a blessing he must not (Knesset Hagedola and Bach).

AL HASHULCHAN
A.

Sucking fruit is considered eating, and one must eat a

kezayit o f it. This refers to putting the fruit in one's m o u t h
and sucking while chewing on i t . Sucking fruit without
chewing it, though, like sucking on an orange, is considered
d r i n k i n g . Therefore, even o f one sucks a whole revi'it, one
must not say a final blessing, because one must not wait
more than the time o f a revi'it in order to recite a final
blessing and it is impossible to do that by sucking.
Therefore for any fruit which one sucks without chewing,
one must not say a final blessing (Bach, seif 8).

B.

When d r i n k i n g a hot d r i n k such as coffee or tea one must

not say a final blessing since it is not c o m m o n to d r i n k a
whole revi'it in the proper length o f time. Likewise, a
person who drinks cold water in the winter and therefore
drinks the water slowly, must also not say a final blessing
(ibid 9).

C.

I f a person intended to eat only half a kezayit and ate it and

later wanted to eat another half a kezayit and t o o k it and
said a blessing and ate i t , i f he ate the second half less than
the length o f time o f achilat pras after eating the first half,
the poskim are in doubt whether it adds up to require a final
blessing. Therefore one must not put oneself in such a
position. Instead, one should eat a whole kezayit the
second time. However, i f he d i d do it, he must recite the
final blessing w i t h o u t saying Hashem's name, and should
t h i n k o f Hashem's Name and M a l c h u t in his m i n d (ibid 10).

Some Specific Blessings. Our Custom Regarding Types of Candies

D.

243

A person who drank both wine and other drinks should not
say boreh nefashot rabot because the blessing for the wine
suffices for them all. But if he drank water before the wine,
it is under dispute whether the blessing for the wine suffices
for the water. Therefore one must avoid doing that, and
before drinking the wine one should say boreh nefashot rabot
for the other drinks. I f he didn't do that, though, he should
say boreh nefashot without Hashem's name (ibid 11).

CHAPTER FIFTY-SIX
SOME S P E C I F I C BLESSINGS. OUR CUSTOM
REGARDING TYPES O F CANDIES.
1.

The following foods require the shehakol blessing: chalamya

(halvamade from crushed sesame seeds and honey),
pas trial, sanboriah, narinjada (tangerine peels preserved with
sugar or honey. See Vayelaket >W/chap. 22in Aram Tzovah
(Allepo) some had the custom to recite the shehakol blessing in
accordance with the opinion of the Birkei Yosef and the Zechor
L'Avraham, while others recited the borei pri ha'adamah blessing,
following the opinion of the7az and the Ginat Vradim. The same
law applies regarding lemon peels), lemonade,y<?z ma-akud (I
heard from Rabbi Avraham Harrari Raful that one takes
green hazel-nuts and makes a type of jam-preserve from them.
The author of this work describes it as a dish made from
cooking young, soft hazel-nuts in honey. See p. 169), biz'rjabz
(watermelon seeds), biz'rbatich (seeds from yellow melons) and
techina (tahini prepared from crushed sesame seeds). All of
these require the shekol blessing.
t'chinia

244

2.

Chapter Fifty-Six

The following foods require the borei pri ha-etz blessing:

(properly ripened hazelnuts fried in honey),sidra
(slices of citronetrogpreserved in sugar. This is according
to the opinion of Rabbi Avraham Raful. Vaye/aket Yosef chapter
17, describes it as fruit of a chabad or a u'nfas tree which has had
the green skin removed and has been soaked in water for some
days until it becomes sweet. It is then cooked until soft and is
mixed with syrup and boiled until the sugar dries), charaz
ma-akod (glazed cherries), sfarjal ma-akod (candied quinces. The
Yelaket Yosef chap. 21 writes that this is true only if the pieces
themselves are cooked, or are poured into molds where they
congeal, and are then eaten. However, if they are squeezed
through a strainer and make a runny mixture that is eaten with
a spoon, it is considered as a liquid, and the blessing is
shehakol), and m'labas (sugar coated almonds. The ben Ish Chai
writes that the custom of Rabbi Moshe Chaim was to separate
the almond and the coating and recite ha-etz on the almond and
shehakol on the coating. But the custum of Babylonia is to
recite shehakol on the whole thing).
chalawiy ajozia

3.

The following foods require the borei pri ha-adamah blessing:

(sesame bars made with sugar to bind
them), kalbasa, mabsur janzvil marba (ginger preserved in honey,
as the author writes elsewhere), gulbasa, ma'ajun el wa'ad (a
preserve made from rose petals and herbs. This is also the
opinion of Rabbi Yosef Caro. But the custom of Aram Tzovah
(Allepo) and the Birkei Yosef is to recite shehakol. Vayelaket Yosef
chap 21).

chalawi kanbazia ,samsamia

4.

The following foods require the borei minei mezonot blessing:

kasabiah, tzbiah haman (a cake
made from long fingers of dough filled with
sugar),razelalbanat
(made from fine flour which is roasted in a pan, and is then
cooked with water until it congeals into ropes. Then sugar is
poured onto it and it is boiled again and stretched out into thin
strands. Afterwards it is filled with nuts and sugar or peaches
and sanobar etc. Thus writes the Vayelaket Yosef chap. 6, but he

chalawi manpus, chalawit el juban,

Some Specific Blessings. Our Custom Regarding Types of Candies

245

brings the opinion of the author of this work that we bless

shehakol on it. I am unsure whether there is a disagreement
between them, or whether our author simply differed in the
process by which this candy is made), karbij (a roll of dough
kneaded with oil or butter, or water, which is filled with fruit
and sugar and almonds, or with meat or eggs or cheese.
Vayelaket Yosef chap. 4), g'raibi (made from one third fine flour
kneaded with two thirds butter and sugar Vayelaket Yosef chap.
4. He also writes that even if one established a meal on this he
would not be required to recite hamotzi and birkat hamazon since
it does not have the shape of bread), ma-amul (similar to karbij,
but its appearance is different since it is made into round
caked filled with sugar and almonds etc.),bakalawa (thin layers
of pastry separated by layers of almonds or hazel-nuts and
sugar), luginas ma-amul (a pastry made from flour and almonds,
masafan,maranginos,
which has flour in it (at the bottom, like a
tort, and also above. The middle is filled with sugar, almonds,
and hazel-nuts. It is customarily served at an engagement
ceremony), riz ba-asal (one part rice and two parts honey are
boiled together until congealed, and it is then poured into a
plate and dried. It is chewed. Vayelaket Yosef chap. 7. But in his
opinion theshehakol blessing should be recited over it. Perhaps
there is no disagreement, but our author is talking of a mixture
where the majority ingredient is rice), riz bachalib (four parts
milk and sugar and one part rice are boiled together and the
mixture is poured into plates and is dried. It is chewed like riz
ba-asal Vayelaket Yosef ibid. Here too he requires the shehakol
blessing, see ibid.), kanafia (a thick roll of dough which is
afterwards softened a lot until it becomes like a thick liquid. It
is then poured through a vessel with holes in the bottom into a
pot on the fire, where it is baked without any liquid. It forms
thin strings. Some eat it as it is, and others fry it in oil and drip
honey into the pan. Some knead the original mixture with
butter and fill the dough with almonds and sugar etc., and bake
it in a pot on the fire. Others bake it in a large oven. It is called
kanafia u'mabromiah. Another method of preparation is to fry the

dough after filling it with fruitthis is called kanafia lachanmia.

246

Chapter Fifty-Six

If it is eaten on its own (i.e. unfilled) it requires the hamotzi

blessing. If it is filled with fruit and sugar the blessing is borei
minei mezonot. This is S t a t e d in Vayelaket Yosef cha. 3), katayef
(similar to kanafia, but the vessel through which it is poured has
only one hole and it is baked in a pot without any liquid (it is
similar to what the Yemenites caWlachuch). Some eat it as it is,
and others fry it in oilthis is katayef makli. I f eaten as is (i.e.
unfilled) it requires the hamotzi blessing and birkat hamazon. If it
is filled with sugar anf other things and is fried, the blessing is
borei minei mezonot. This is the decision of the Rambam quoted
in a responsa in Peer Hador a Vayelaket Yosef ch. 3), zanjul
(bread-dough is softened a little and is pan-roasted in oil
Vayelaket Yosef ch. 2), and akbika (prepared by boiling one part
burgol i.e. wheat which has been boiled and ground up, with
four parts grape syrup mixed with techina i.e. ground sesame
seeds Vayelaket Yosef ch. 13).

AL HASHULCHAN
1.

Chilkum,

which is made from a m i n o r i t y o f flour and a

majority o f sugar, is the subject o f disagreement between
the later commentators. The Ben Ish Chai (Pinchas, 14) is o f the
o p i n i o n that the blessing is borei minei mezonot. This is also the
opinion o f Rabbi Yosef Sutthon (Siddur, Vayelaket Yosef p
215) a n d thus Rabbi Sutthon is surprised that people
purchase chilkum from gentiles, since it falls into the category
o f food cooked by a gentile.
But Rabbi Yosef Yedid Halevi (Birkat Yosef vol 2, 7) after a
lengthy examination, concludes that in a place where the
custom is to recite the borei minei mezonot blessing (the Ben Ish
Chai writes that this is the custom in Babylonia) one should
not change the custom, but where this custom is not
established it is preferable to recite shehakol.
Regarding the after-blessing, even those who require the

mezonot blessing do not require the al ha-michya after-blessing,

Some Specific Blessings. Our Custom Regarding Types of Candies

247

unless one estimates that he managed to eat a kazayit-worth

of the wheat alone in the time it w o u l d take to eat a pras. I f
not, borei Nefashot should be recited. (Zivchei Tzedek chap 112)
2.

Zalbia

3.

Za-arora. small r o u n d type o f fruit which grows on nonfruit treesrequires the borei pri ha-etz blessing i f it is edible. I f
it is f r o m a less edible species, the blessing is shehakol. I t
should always be opened and checked for worms before
eating, since worms are very commonly found in them.
(Bircat Yosef ibid.)

4.

Chiririya is customarily prepared to satisfy the appetite o f a

w o m a n who just gave b i r t h . I t is prepared from almonds,
hazel-nuts, sugar, and dried biscuits which have been
crushed and mixed i n w i t h the other ingredients. I f it has a
kazayit k'dei achilat pras the blessing is borei minei mezonot and al
hamichya afterwards. (Vayelaket Yosef c h a p . l )

5.

Sanbusak makli is prepared by filling a dough made from

water and flour, and filling it w i t h meat. I t is then fried in
o i l . The blessing is borei minei mezonot, unless one establishes
one's meal on them, in which case the blessing is hamotzi.
(ibid 2)

6.

(which is also called zangula) was prepared in A r a m

Tzova (Allepo) in the f o l l o w i n g way: a dough o f soft
consistency is prepared from which a large flat wafer is
made. This is placed in o i l in a large pan on the fire for brief
frying. I t is immediately removed and powered sugar is
sprinkled on i t . ( I n Babylonia it is dipped into sugar water).
Alternatively honey may be spread on it after frying.
A l l opinions agree that the blessing required is borei minei
mezonot. (Bircat Yosef i b i d , Ben Ish Chai i b i d , Vayelaket Yosef ibid)

is prepared from one part fine roasted flour mixed

w i t h t w o parts sugar and butter. I t is boiled in a pot over the
fire. The blessing required is borei minei mezonot, since it does

M'munia

Chapter Fifty-Six

248

not have the appearance o f bread. Thus, even i f one fixes a

meal on this food, one recites borei minei mezonot and al
hamichya afterwards, (ibid. 5)
7.

Kasksun

is made from bread-crumbs or from burgol (crushed,

cooked wheat) w h i c h is boiled and placed in a perforated
vessel called matzufia over a pot o f boiling water, so that it is
coooked in the steam rising from the b o i l i n g water.
Afterwards it is mixed w i t h butter or w i t h meat and fat and
is boiled. The blessing required is borei minei mezonot, even i f
one fixes a meal on this f o o d , since it does not have the
appearance o f bread, (ibid)

8.

Machshi

is prepared from squash or egg-plant (badinjan) after

the seeds and flesh have been removed, or from vine-leaves
(called y'burak which have been dried for a year, since the
rabbis o f A r a m Tzova (Allepo) have agreed that they
should not be eaten because o f worms), which is stuffed
w i t h rice and meat and meat fat. Some peole fill the cabbage
leaves with rice and butter and peas (chumitz) this is called
machshi b'lav an. The blessing required is borei pri ha'adamah and

afterwards, borei nefashot, since the cabbage or the egg-plant

or vine leaves make the dish what it is, and are thus the
prime ingredient.
Even though vine leaves are from a tree, they are not the
main fruit o f the vine, and thus they require the borei pri
ha'adamah blessing. Also, the rice is secondary to the meat
and fat in such a dish, and therefore one does not recite the
borei minei mezonot blessing. Nevertheless, i f one

already

recited the borei minei mezonot blessing, or shehakol, one

has

fulfilled one's obligation.

I f one wants to eat the cabbage or vine-leaves etc. on their
o w n and the stuffing on its o w n , the former requires the
adamah blessing, and the latter requires the shehakol blessing,
since the meat and fat are in the majority over the rice. I n
addition the rice absorbs the fat and thus is changed (ibid 8).
F r o m this we learn that if the rice is in the majority, and the

Some Specific Blessings. Our Custom Regarding Types of Candies

meat and fat are in the m i o n o r i t y one should bless borei

mezonot on the

249

minei

stuffing.

9.

Shorba

10.

Those who d r i n k hitlia prepared from wheat starch mixed

in sugar-watershould recite the shehakol blessing. Even
though the starch derives from one o f the five species o f
grain, since it is runny and drinkable, one does not recite

is made from cooked rice. Cakes made from cooked

wheat filled w i t h meat and fat are placed in the rice and the
whole dish is cooked together. I f one eats this dish w i t h o u t
washing for bread first, one should recite the borei minei
mezonot blessing on the wheat cakes, and shehakol on the
shorba, since b o t h o f them are p r i m a r y ingredients, ( i b i d . 8)

borei minei mezonot.

I f one sips this d r i n k slowly, there is disagreement whether

an after-blessing is required. Thus one who fears heavenwill
d r i n k it quickly, or w i l l d r i n k a glass of water as well in order
to be able to recite an after blessing. Alternatively, one can
d r i n k less than a revi'is so that no after-blessing is required,
(ibid. 12)
11.

Chav-il-aziz is a type o f small berry. Larger ones are from the

pepper family, but are shrunken. The blessing over them is
borei pri ha-adamah (She'erit

12.

Yosef v o l . 1, p.

398)

That which our Rabbis have stated, that one may recite
shehakol on any food and fulfill one's obligation, is only i f a
person erred, or i f he is uncertain about which blessing to
recite and he cannot clarify the law. But i f he simply
neglected to learn the law, and d i d not ask the sages, he
should not eat that food u n t i l he clarifies the law. (ibid. 8,9).

250

CHAPTER FIFTY-SEVEN
LAWS REGARDING P R E C E D E N C E IN
BLESSINGS. MAIN INGREDIENTS AND
SECONDARY INGREDIENTS.
1.

I f various fruits which have the same blessing are placed in

front of a person, he should recite the blessing over fruits from
the seven types with which the land of Israel is blessed (see
chap. 54 paras. 1, 2), even though he does not like them as
much as other types of fruit which are in front of him.
If there are no fruits from the seven types among those in front
of him, he should recite the blessing over whatever he likes
best.
If the blessings are not the same on all of the foods in front of
him, even if there are fruits of the seven types, e.g. radishes
and olives, he may recite the blessings in any order he chooses.
He may also precede blessings over foods that he prefers less,
to those that he prefers more.
There are opinions that in the latter case, one should give
precedence to those foods which he likes most over those which
he likes less. 'Preferable' is defined as that which one
generally prefers, even though one wants a different type on
this occasion. (Shulchan Aruch chap. 211)

2.

The opinion of Maimonides (the Rambam) in this matter is

that a person should always give precedence to that food which
he would prefer to eat at that particular time, regardless of
whether their blessings are equal, and regardless of whether
there are foods of the seven types in front of him or not.
I f one likes all of the foods equally, and one doesn't want one
more than the other,, one should give precedence to foods of
the seven types, (ibid.)

3.

If two foods are placed before a person, one of which requires

the borei pri ha-etz blessing, and the other of which requires the

Laws Regarding Precedence in Blessings

251

shehakol

blessing, the borei ph ha-etz blessing takes precedence.

If two foods are placed before a person, one of which requires
the borei pri ha-adamah blessing, and the other of which requires
the shehakol blessing, the borei pri ha-adamah blessing takes
precedence.
If two foods are placed before a person, one of which requires
the borei pri ha-etz blessing, and the other of which requires the
borei pri ha-adamah blessing, which ever he prefers takes
precedence. There are opinions that the borei pri ha-etz blessing
takes precedence, (ibid.)

4.

That which comes earlier in the verse, 'A land of wheat and
barley etc' takes precedence in deciding over what food to
recite the blessing first, (ibid.). See Al Hashulchan para. 1 for
greater detail.

5.

Over a dish comprising a main ingredient together with a

secondary ingredient, one recites a blessing over the main
ingredient and includes the secondary ingredient. This rule
applies both to the blessings recited before partaking of the
food, and also to the after-blessings.
This rule applies even if the ingredients are not mixed together
in the dish, not to mention if a they are mixed together.
Even bread, which is the most important of foods, is
considered secondary to salty fish or sharp drinks if he eats the
bread for the sole purpose of preventing damage to himself
from the fish or to sweeten the drink. Thus he would recite a
blessing over the fish or drink and include the bread since it is
secondary, (ibid. chap. 212).

6.

Thin bread-wafers on which condiments are spread are

secondary to the condiments, since the intention is not to eat
bread, (ibid.)

252

Chapter Fifty-Seven

AL HASHULCHAN
1.

As mentioned above i n para. 4, there is an order o f

precedence in the blessings over fruits from the seven types
w i t h which the land o f Israel is blessed, according to the
order o f precedence in the verse, ' A land o f wheat and
barley, o f the vine, o f figs, and o f pomegranates; a land of
olives for o i l , and the honey o f dates'.
Thus the order o f precedence is as follows:
grapes,
whether ripe and full or dried, precede figs, and all the more
so pomegranates;
figs precede pomegranates.
dates
precede grapes, since they are mentioned second after the
w o r d ' l a n d ' , whereas grapes are mentioned t h i r d .
olives
precede b o t h dates and grapes, since olives are mentioned
immediately after the w o r d ' l a n d ' (where it is repeated in the
second half o f the verse). However, olives do not precede
wine, since wine has great importance in itself, and also has
a special blessing (i.e. borei pri hagefen). That which has a
special blessing set aside for i t , expresses greater praise for
the H o l y One, blessed be He, since his Divine providence
over that thing is more in evidence. {Ben Ish Chai, Matot 1)

2.

A l l the rules o f precedence apply only i f both types o f food

are in front o f a person at the time o f reciting the blessing,
and he wants to eat b o t h o f them.
However, i f b o t h o f them are not i n front o f h i m , we do not
expect h i m to wait u n t i l the food that takes precedence is
brought before h i m , so that he can recite the blessing over it
first. He should recite the blessing over whatever is in front
of h i m now.
Even i f b o t h types o f food are in front o f him, but he doesn't
want to eat b o t h o f them, he should recite the blessing over
that type o f food that he wants to eat. (ibid. 4)

3.

I t is correct to recite the blessing over the cleaner and nicer

fruit, since the verse states 'this is my G o d and I w i l l glorify

Laws Regarding Precedence in Blessings

253

H i m ' . Similarly, one should recite the blessing over a whole

fruit.
As mentioned above, chapter 54 para. 4, one should take
care not to eat a whole fruit i f one is intending to eat less
than a k'zay! t-worth, since this leads to disagreement among
the authorities regarding the after-blessing, (ibid. 3, 5)
4.

Wine has special importance since it esablishes a blessing

for itself, and it is blessed over i n the performing o f other
mitzvot, sich as kiddush, havdalah, birkat hamazon, the Pesach-seder,
and engagement, marriage and circumcision ceremonies, even if one has
no desire to drink it.
Therefore,

wine is not considered secondary to bread, and if one drinks

wine during a meal, the borei pri hagefen

blessing must be recited

over it before d r i n k i n g . However, the after-blessing is
included in birkat hamazon and should not be recited
independently; only the blessing p r i o r to d r i n k i n g wine has
the special importance that it requires its o w n blessing.
Even if a person drinks wine in order to moisten the food in
his stomach, i n which case the wine seems to be part of, and
for the for the purpose o f the meal only, and should be
included in the blessing over bread, nevertheless, because o f
the importance o f wine, it establishes an independent
blessing even i n this case. This is not so regarding other
types o f food and d r i n k that are eaten and d r u n k as part o f
the meal (Ben Ish Chai, Nasso 1).
5.

Wine has an additional importance in that it includes all

other types o f beverages, exempting them fron requiring a
blessing i f one has already blessed over wine. This rule
applies even i f one is not in the middle o f a meal.
The abovementioned rule applies only when the other
beverages are in front o f the person when he recites the
blessing over wine, or he had them in m i n d at the time.
However, i f a person d i d not intend to sit and drink in a
formal way, but only to sip a little in passing, and he did not
intend to d r i n k other beverages, they are not exempted from

Chapter Fifty-Seven

a blessing by the blessing over wine.

Therefore, one must take care when reciting the kiddush over
wine on Shabbat, that i f he intended to d r i n k other beverages
between kiddush and hamotzi, they should be in front o f him at
the time o f reciting the blessing over wine, or that he should
have them in m i n d at the time.
I f the other beverages were not in front o f him at the tine,
nor d i d he have his mind on them, he must recite a blessing
on the other beverages before d r i n k i n g them. I n a d d i t i o n ,
he should take care not to drink a /ev/'w-measure o f these
beverages before the hamotzi blessing, since this will obligate
him to recite an after-blessing in order to avoid the
disagreement among authorities as to whether beverages
d r u n k outside the meal are exempted from an after-blessing
by birkat hamazon (ibid. 2)
Wine d r u n k before the meal, such as kiddush, exempts from
reciting a blessing over the wine d r u n k d u r i n g the meal, i f it
was his intention to d r i n k d u r i n k the meal, or i f it was his
custom to do so.
Birkat hamazon exempts one from reciting a blessing after the
wine drunk before the meal.
I f one ate baked goodsfor which the blessing is borei minei
mezonot before a meal, the proper after-blessing should be
recited before reciting the hamotzi blessing. I f one forgot to
recite the after-blessing, and one remembered d u r i n g the
meal, one may rely on birkat hamazon to fulfiil one's obligation.
However, i f a person ate fruit, or drank beverages other
than wine before the hamotzi blessing, and he forgot to recite
the after-blessing, but remembered d u r i n g the meal, he
must recite the after-blessing then, since birkat hamazon
includes only those foods which sustain, and foods that are
eaten during the meal. (ibid. 3, 4)

255

CHAPTER FIFTY-EIGHT
IN WHAT CASES CAN ONE INCLUDE ANOTHER
IN ONE'S BLESSING. THE LAWS OF
ANSWERING AMEN AFTER BLESSINGS.
1.

I f two or more people sit down to eat fruit or other food, even
bread and wine, one may exempt the other (from saying a
blessing). However, they must be sitting in one place. I f they
are not sitting together, then concerning even other foods,
each one blesses by himself. This rulewhen one person bleses
for all the others applies to the initial blessing. But for the
blessing after eating, each one blesses by himself, for there is
no zimun for fruit. (Shulchan Aruch, Ch. 213) I f one does not
know how to bless after eating, another may include him in his
blessing. (Da'at Atzmo)

2.

One who blesses can only include others in his blessing if he

eats and drinks with them. Then, through their listening to him
with the intention of being included, their obligation is
fulfilled, even without answering amen, (ibid)

3.

One has only discharged one's obligation by listening to

another's blessing if he has heard the blessing from beginning
to end and has conciously intended to be included in it.
Likewise, the one who blesses must intend to include the other
in his blessing. If not, even if one answers amen, one has not
discharged one's obligation, (ibid)

4.

One only answers amen to his own blessings after the last two
or more blessings (in prayer, in birkat hamazon, etc. ). We are
accustomed to answer amen after yehalelucha (end of Hallel),
after yishtabach (end of Pesukei de Zimra), and after shomer et
amo Yisrael le-ad (end of blessings of Kriat Shema said in the
evening prayer). (Chap. 215)

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Chapter Fifty-Eight

5.

One who hears a Jew saying one of the blessings, even though
he did not hear all of it from beginning to end, is obligated to
answer amen. This applies even when the listener himself is not
obligated to say the blessing. But if a blessing is said by a
heretic, a gentile, a child, or an adult who changes the words of
the blessing, we do not answer amen after him. (ibid)

6.

Not answering amen to the blessing of a child (as stated above

a halacha 5) only applies when he is learning the blessings with
his teacher. For it is permitted to teach children the blessings
even though they are spoken in vain. However, when a child
says a blessing to exempt himself, since he has reached the age
of education, we do answer amen after him. Also when a child
reads the Haftorah in the synagogue (with its accompanying
blessings) we answer amen after him.

7.

Anyone who says a blessing which is not required, takes the

name of Heaven in vain. This is similar to one who swears
falsely, and it is forbidden to answer amen after him. (ibid)

AL HASHULCAN
1.

We do not answer amen to one who changes the standard

f o r m o f the blessings which the Sages have established. A l l
the more so, if one skips G-d's Name and the mention o f His
Kingship in the blessings where these have been fixed, even
if he only skipped the w o r d ha-olam\ we d o n ' t answer amen
after h i m . (Ben Ish Chai, Masai 16)
l

2.

The H o l y Zohar is very strict regarding the punishment for

one who does not answer amen after hearing a blessing.
Therefore, i f the one who is going to bless sees that those
listening are not willing to answer amen, it is better for him
to bless quietly so that they w i l l not hear and bring this
punishment upon themselves, (ibid 14)

The Laws of Smelling Spices and Incense

257

3.

One w h o hears another Jew praying for something, or

blessing another Jew, even i f God's Name is not mentioned,
is obligated to answer amen. Therefore, after harachaman in
birkat hamazon, after the leader who says mi sheberach for the
congregation, after one w h o says begishmei orah ta'ir adama,
and d u r i n g selichot when Elokainu shebashamayim is said, the
congregation must answer amen, (ibid 15)

4.

One should always teach small children to answer amen, for

when they say i t , they immediately receive their p o r t i o n in
the next w o r l d , (ibid 16)

5.

F o r something which one person considers forbidden, but

which another person considers permitted, like eating nonJewish bread etc., we do answer amen after the blessing. But
for something which everyone considers forbidden, we do
not answer amen. ( M a y a n G a n i m , end o f P a r t 2 , p . l , n o . 1)

CHAPTER FIFTY-NINE
T H E LAWS O F S M E L L I N G SPICES
AND INCENSE.
1.

It is forbidden to benefit from a good smell before one has said

a blessing. One blesses boreh atzei besamim on anything that
comes from a tree and boreh isvey besamim on any type of grass.
If it is not from a tree and not a type of grass, like musk, we
bless boreh minay besamim. On fruit which is fit to eat, one
blesses hanotain reach tov baperot. The above applies when one
takes the fruit to smell or to eat and to smell, but if one takes

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Chapter Fifty-Nine

the fruit only with the intention of eating it, even though it has
a good smell, one doesn't bless on the scent. In any case, on all
of the above categories, if one blesses boreh minay besamim, one
has fulfilled his obligation. Therefore, on anything in which
there is a doubt about what it is, one blesses boreh minay
besamim. On all types of spices which are fit to eat one blesses
hanotain reach tov baperot. (Shulchan Aruch, C H . 216)
2.

O n a jemami plant, we bless boreh minay besamim because of a

doubt whether it is a type of tree or a type of grass. This law
also applies to a m'da-af which we caMfardus, which grows in the
garden, and it is a type of tree. There is a type of gratis which
grows in the field, but if one is in doubt whether it comes from
the field or from the garden, we bless boreh minay besamim. If it is
clear that it comes from a garden, we bless boreh atzei besamim,
and if it is clear that it comes from a field, we bless boreh isvey
besamim. (ibid)

3.

If one has different type of spices before him, i. e. from trees,

from grasses, etc., one says the proper blessing for each one.
(note: I f one blesses boreh minay besamim on all of them, one has

fulfilled his obligation). I f one wants to precede the blessing on

the spice from a tree to that of a grass, the law is similar to the
case of one who has several types of fruit before him to eat.
The type which he prefers the most precjjles the others as is
written in the Shulchan Aruch Chapter 211. (ibid)
4.

5.

One may say the blessing on incense when the smoke begins to
rise, even before the scent reaches him. However, we do not
bless before the smoke rises, (ibid)
If the incense is made from a product of a tree, one blessess
and if from a grass, one blesses isvey besamim. I f
it is made from other things, one blessess minay besamim
(ibid.)

atzei besamim,

6.

According to one opinion, of one smells the etrog used for a

The Laws of Smelling Spices and Incense

259

mitzvah, one should bless on it. But others say you don't bless.
Therefore, it is better for one not to smell it at all. (ibid)
7.

One who enters a spice shop which sells many kinds of spices
should bless minay besamim. I f he sits there all day long, he
should only bless once. One who enters and exits many times
should bless each time he enters. This applies only when he
does not intend to return, but if he does intend to return, he
does not bless a second time. (Ch. 217) The case we are
speaking about is when one enters the spice shop with the
intention of smelling the spices, (ibid)

8.

We only bless on a scent if it was made for the purpose of

benefitting from its smell. Therefore, one does not bless on the
spices used to cover up the smell of a decaying corpse, the
spices one uses in the toilet, nor on the oil used to cover up
body odor, (ibid)

9.

One does not bless on the incense which is used to perfume

vessels or clothing because the incense is not being used for
itself, rather it is only used to give a scent to the vessels or
clothing. Similarly, we do not bless on the vessels or clothing
themselves because their scent is not primary to them, (ibid)

10. One does not bless on perfume used by a woman, for example
a flask of perfume which she hangs around her neck, etc. if she
is forbidden to one by Torah law. It is even forbidden to smell
it when it is not on her (because one might come to consider
sinning). Only when the perfume is found in another place
(and not related to this particular woman) is one allowed to
bless on it. (Taz, and the Birkei Yosef writes that it is proper to
be strict in this matter) (ibid)
11. I f a scent on which one does bless is mixed together with a
scent on which one does not bless, we judge according to
whichever is in the majority, (ibid)

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Chapter Fifty-Nine

AL HASHULCHAN
1.

One does not bless shehechianu on a smell, even i f the spices

are seasonal and are renewed from year to year, since there
is little benefit from them to the body. Even though the soul
benefits greatly, it is not relevant to bless shehecheyanu o n
something which benefits the soul, since the soul is eternal
and does not die. One also does not say a final blessing after
smelling a scent since the benefit to the body withdraws
immediately. This is similar to one who has already digested
his food and can no longer say a final blessing. The main
benefit o f smell is to the soul. (Ben Ish Chai, Ve-etchanan 1)

2.

A person sho has a cold (a sickness called nashlah in Arabic)

and who is in doubt whether or not he w i l l be able to smell
the spices, is forbidden from saying a blessing. First he must
smell the spice to determine clearly whether or not he can
smell it. I f he can, he says the blessing and smells it again,
(ibid 2)

3.

One takes the spice in the right hand and blesses in

accordance with the laws o f blessing for food and d r i n k . I t is
good to say the verse reach ni'choach isheh le Hashem ( ' A sweet
odor, an offerring to G-d') at the time o f smelling the spice,
for this verse hints to the intention o f the smell, (ibid 3)

4.

The blessing for food and d r i n k precedes the blessing for

odors. This is the case when both are already before one, but
if guests arrive and the master of the house brings them
spices to smell first, they are not required to wait u n t i l he
brings them fruit and d r i n k . Rather,they may bless on the
spices first, (ibid. 4).

5.

H o w can one determine the difference between spices which

come from a tree and spices which come from a grass? A n y
plant whose stalk is hard and remains standing from year to

The Laws of Smelling Spices and Incense

261

year, and whose branches and leaves only come from its
t r u n k or branches and not from its roots, is considered a
type o f tree according to all opinions. A n y plant whose stalk
is soft, or even i f it is hard but it does not remain standing
from year to year, is considered a type o f grass and one
blesses isvey besamim on i t . There is another o p i n i o n which
states that i f the stalk remains standing from year to year,
even if it is soft, it is considered a type o f tree. Since there is a
dispute in this law, one should bless minay besamim, because
this blessing includes all types o f vegetation in the same way
as the blessing shehacol incudes all type o f food, (ibid 5)
6.

I f the spices from a tree and the spices from a grass are tied
together in one bunch and the odors are mixed together,
then one says the blessing minay besamim. But i f one can
separate each type and smell it by itself, then one blesses the
appropriate blessing for each k i n d , (ibid 8)

7.

I f one mistakenly said the blessing shehacol nehiyeh bedivaro in

place o f atzei besamim, isvey besamim, or minay besamim, one has
fulfilled his obligation. But i f one mistakenly blesses atzei on
a spice f r o m a grass, i f there is no disagreement as to what
type o f spice it is, one has not fulfilled one's obligation i n
blessing, (ibid 9)

8.

I f one has before h i m a type o f spice which is definitely from

a tree and another type in which there is a doubt whether it
is from a tree or from a grass, one blesses first on the
doubtful type minay besamim and afterwards blesses atzei on
the type from a tree. I f one has before h i m a type o f spice
from a tree, a type from a grass, and a t h i r d type in which
there is a doubt, d u r i n g the weekdays one blesses first on the
spices i n which there is no doubt and thereby exempts the
t h i r d type from a blessing. On Shabbat, when it it is a
mitzvah to increase in blessings, one blesses first minay on
the doubtful type,and afterwards he blesses atzei and isvey on
the definite types, as was stated above in the blessing over

Chapter Fifty-Nine

262

fruit, (ibid 10)

9.

O n perfume which is placed in bottles, if it is extracted from

a type of tree, such as a rose-bush, one blesses atzei and if it is
extracted from a type o f grass, one blesses isvey. I f there is a
doubt or i f the perfume is a blend and one doesn't k n o w
which type is predominant, one blesses minay. (ibid 11)

10. I f one has absorbed some o f the scent on one's fingers, but is
not holding the spice itself in his hands, he does not make a
blessing. F o r one blesses only on the spice which makes the
scent, but not on the smell by itself, (ibid 14)
11. There are those who refrain from smelling fruit since there is
a disagreement about the precise form o f the blessing.
A c c o r d i n g to the o p i n i o n o f M a r a n (Rabbi Yosef K a r o ) ,
one blesses hanotain reach tov baperot, and A p i Rav'rvi quotes
the f o r m o f the early commentators which reads asher natan
reach tov baperot. Some authorities h o l d that one must be
precise i n the f o r m o f blessing, and since there is a real
difference implied in each f o r m , they refrain from smelling
fruit and saying the blessing, (ibid 15)
12. When one blesses isvey besamim, punctuate the ayin with a
chirik (ee) and not w i t h a patach (ah), as it is written in I y o v ,
isvey harim. ( K a f Hachaim 216, 79)

263

CHAPTER SIXTY
T H E LAWS O F T H E THANKSGIVING BLESSING
FOR AN INDIVIDUAL.
1.

Four people are required to say the thanksgiving blessing: a)

One who arrives safely from a sea voyage; b) One who returns
from travelling in the wilderness; c) One who is cured from a
serious illness; d) One who is released from prison. We can
remember these four categories by the verse, vecol hachaim
yoducha sela ('and all life will thank You forever'). The word
chaim contains four letters: chet for choleh (s\ck),yud foryesurim
(prisoner),>Wfor>ww (sea),m<?m formidbar (wilderness). What
does one bless? '..Jiagome! lechyavim tovot' etc. (Ch. 219)

2.

One must say this blessing before ten men, of which two are
rabbis, as it is written in the verse, 'And you shall exalt Him in
a congregation of people and in a place of the elders etc.'. If
rabbis are not esily found, one is not prevented from blessing.
If one blesses before less than ten men, there is an opinion
which states that he has fulfilled his obligation and another
opinion which states that he has not fulfilled his obligation. In
such a case, one should repeat the blessing at another time
before ten men, but without mentioning G-d's Name and
Kingship, (ibid.)

3.

I f one blesses hagomel (the thanksgiving blessing) for himself

and intends to include another in the blessing, if the other
hears the blessing and intends to be included, then he has
fulfilled his obligation even if the latter did not answer amen.
(Chap. 219)

4.

If one delays saying the blessing hagomel, one may make it up

by blessing at another time. But one should not dely more than
three days. When travelling by foot, one is not obligated to
bless until he has gone at least aparsah (Al Hashulchamapprox.

264

Chapter Sixty

1 hr. 12 min. ) , but less than a parsah one is not required to

bless. However, if the road is known to be dangerous, he may
bless after travelling even less than a parsah. (ibid.)
5.

Every person who has been ill in bed is required to bless hagomel
when he recovers, even if he was not dangerously ill, because
he is like one who has been brought up to the gallows and
judged. There is no difference between one who has a
persistent fever and one whose fever comes from time to time,
(ibid.)

6.

Not only the four categories of people mentioned above must

blesshagomel
(paragraph 1). Rather all who have been saved by
a miracle must also bless. For example, one on whom a wall
fell and who was saved, one who was saved from being
trampled or gored by an ox, one who was saved from being
torn apart by a lion, or if theives or bandits of the night came
upon him and he was saved from them.
In all cases like this a person is required to bless hagomel. But
since there is an opinion that states that one should only bless
on the four categories mentioned above, it is better to bless on
other cases without mentioning Gd's Name and Kingship,
(ibid.)

7.

One who eats a new fruit which comes into season every year
should bless shehechyanu. We don't bless on the fruit until after
it has finished growing and ripening. (Ch. 225)

AL HASHULCHAN
1.

The ten men who are listening to the hagomel blessing should
be sitting, as it is written, ' I n the place (moshavsitting) of the
elders they w i l l praise H i m ' . The one who is blessing should
stand because this blessing is i n place o f the Thanksgiving

Laws of Thanksgiving Blessing for an Individual

265

offering, and one who is offering a sacrifice must stand.

Therefore, one only blesses d u r i n g the day and not at night.
But i f one d i d bless at night, after the fact, one has fulfilled
his o b l i g a t i o n . (Ben Ish C h a i , Ekev 3, also M a y a n G a n i m
Part 2, p. 5)
2.

A m i n o r (less than thirteen years old) is required to bless

in a place where this is the custo, mwhen he has
reached the age o f education (five years o l d ) . However,
since there is an o p i n i o n that states that minors are not
required to bless, they should do so w i t h o u t mentioning
G-d's Name and Kingship, (ibid. 4)
hagomel

3.

W o m e n are also obligated to bless hagomel and should do so

before ten men in order to say G-d's Name and Kingship. I f
it is difficult for her to bless before ten men because she w i l l
be embarrassed, she should bless w i t h o u t mentioning God's
Name and K i n g s h i p ( i b i d . 4). She is able to bless while
standing in the women's section o f the synagogue. ( K a f
Hachaim 219:3)

4.

One who is imprisoned, even i f it is only because o f a

monetary dispute, or because o f non-payment o f taxes,
should bless hagomel when he is released. This rule applies
even i f he c o u l d have paid the tax but obstinately refused to
do so, or he thinks that the authorities w i l l make a
compromise w i t h h i m . I n all these cases he is called a
prisoner w i t h regard to blessing hagomel. (bid. 9)

5.

One who was saved f r o m death in a certain place, for

example a wall, a ceiling, or a big rock fell o n h i m and he
was saved in a miraculous way, must say a blessing when he
returns to that place at another time. The blessing is:
'Blessed are Y o u L - r d our G - d , K i n g o f the universe, who
did a miracle for me in this place'. His children should also
bless w i t h G-d's Name and Kingship saying: '... who d i d a
miracle for our father in this place'.

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Chapter Sixty

These t w o blessings are said only when there has been at

least 30 days since one last saw the place (excluding the day
when one saw it last and the day one is seeing it now).
I f many miracles happened to one in that place, one should
mention them all and include them all in the blessing. One's
children need not mention the other places, (ibid. 11)
6.

I f one was attacked by theives and was saved, or a rock or a

piece o f metal fell near h i m , even though it w o u l d have been
fatal i f it had fallen on h i m , he does not bless she-asa li nes
('who has done a miracle for me') because he has not been
saved in a miraculous way.
But if he was shot at, and the bullet entered his hand or his
foot, or some other place which does not endanger his life,
and thus he was saved, there is a doubt whether he should
bless w i t h G-d's Name and Kingship. The same rule applies
if he was stabbed w i t h a knife, but the knife d i d not enter
into the internal organs o f his body, but only into his flesh.
I n this case, it is f i t t i n g for h i m to say the following three
verses: ' A n d D a v i d blessed G - d before the eyes o f all the
congregation... '; ' Y o u , G-d are great...'; 'Wealth and
honor...' (found in Pesukei de Z i m r a h o f the daily liturgy).
Afterwards one should bless she-asa lines without mentioning
G-d's Name and Kingship, but one should t h i n k o f G-d's
Name and Kingship in his heart, (ibid. 12)

7.

Regarding road accidents, there are different types and

therefore different laws . F o r a light accident which is a
usual occurrence, one does not make a blessing. I f one was
struck in the body, there is a doubt about saying a blessing,
as was mentioned above. I f the accident was out o f the
ordinary, for example i f one's car turned over and went
d o w n into a ditch, and one was saved, he should bless w i t h
G-d's Name and Kingship. Regarding all the above
situations one should ask a competent Rabbi.

8.

"When one sees lightning one blesses

Baruch...oseh

ma'aseh

Laws of Thanksgiving Blessing for an Individual

beraishit

267

('Blessed...who re-enacts the w o r k of Creation') and

on hearing thunder one

blesses Baruch...shecocho

u'gevurato

maleiolam

('Blessed...whose power and might fill the w o r l d ' ) .

A c c o r d i n g to the law one must bless w i t h G-d's Name and
Kingship. However, there are places where the custom is to
bless w i t h o u t mentioning G-d's Name and Kingship.
On seeing a rainbow one blesses w i t h G-d's Name and
Kingship: zocher habritne-eman bevrito vekayambemamaro ('...who
remembers the Covenant, is faithful to His Covenant, and
keeps His promise'), (ibid. 15, 17)
One should be careful regarding the traveller's prayer. I t is a
good practice to recite this prayer immediately following a
blessing over food or d r i n k . The standard f o r m o f this
blessing is printed in the prayer book.
One should also carry out the order o f escorting guests as it
is p r i n t e d in the prayer book (and we have a new prayer
book which was recently published by M a c h o n H a k t a v ) .
When one parts f r o m one's friend one should say this law:
'Concerning a disagreement between an individual and a
g r o u p , the decision is according to the group' because there
is a special holy name which derives from these words which
w i l l guard one on the way.
One should recite the following prayer based on the name
mentioned above (that the traveller says) at the time o f
departure: ' M a y the One who emanates all be blessed and
praised, may the Creator o f all be beautified and exalted,
may the One W h o forms all be exalted and glorified, may
the Maker o f all be elevated and praised. Single and Unique,
show us Y o u r glory, Former and Creator, reise up Y o u r
throne, establish and build the palace o f Y o u r glory. Single
and Unique whose glory is praised, Former and Creator
whose throne is raised up, increase and strengthen our
power, give us courage and destroy all our enemies,
strengthen us and nullify all our accusers. Courageous and
strong, G-d o f our devotions, exalted and firm G-d o f our
devotions, bless and do good G-d o f our devotions, make

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beautiful and successful G-d o f our devotions, give light and

success to the entire journey, make f i r m and straight the
way according to our w i l l , for goood and blessing, for good
life and peace, amen so shall it he His w i l l ' , (ibid 18)
10.

Fruits which bear is no recognizable signs whether they are

new or o l d , like nuts and almonds (which are called in
A r a b i c joz, loz, bundak, fistak, even though they come into
season every year and one knows that these particular nuts
are new, one doesn't bless shehecheyanu on them since there is
no recognizable sign on the body o f the fruit as to its age.
(Ben Ish Chai, reah 10)
One doesn't bless shehecheyanu on all varieties o f fruits o f a
single species, which have different colorssuch as different
colored grapes, or figs. (She'arit Yosef, Part 2, no. 4)

11.

On oranges and sweet lemons one recites the blessing

shehecheyanu because there is a new harvest every year and
one can recognize in the body o f the fruit whether it is o l d or
new. However, some places do not have the custom to bless
shehecheyanu on them and one should follow the local
custom, (ibid. 11)

12.

On an etrog and on a t u r n i p (in A r a b i c shalram) or lettuce (in

A r a b i c chas) one blesses shehecheyanu because they are new
every year. One long squash (in A r a b i c ta'arozi) one does
bless shehecheyanu and we don't include them in the category
of short squash called cucumbers (in Arabic chiyar) because
they differ in name, in appearance, and in taste. But on leeks
or celery and things like them, since they grow all year long,
one does not bless shehecheyanu. (ibid. 12) On sabras (prickly
pears) it is the custom in Jerusalem to bless shehecheyanu.
(Birkat Yosef, Part 2, 7; in the name o f Chesed l ' A l a f i m )

13.

I f one ate a new fruit and forgot to bless shehecheyanu, one

opinion states he should bless on what he w i l l eat afterwards,
and another o p i n i o n states that one should not bless since

Laws of Thanksgiving Blessing for an Individual

269

he has already eaten.

When there is a doubt concerning a blessing, we are lenient
and one should not say it. Rather one should listen to the
blessing of shehecheyanu from another person or find another
new fruit and bless on it. I f one cannot find another fruit or
another person, one should bless w i t h o u t G-d's Name and
Kingship and t h i n k o f them in his heart, (ibid 15)
14.

I t is written in the Jerusalem T a l m u d (at the end o f the

chapter entitled Asara Yochasin): Rabbi Chezkiya said in the
name o f Rav, ' I n the future a man w i l l be obliged to give an
accounting for everything which his eye had seen and he d i d
not eat'. Rabbi Elazar was worried about what he heard and
gathered many different kinds o f fruit and ate from each
one (see there).
Therefore even a poor Jew should try to buy every new fruit
in its season for he his family to eat and to bless shehecheyanu
in order to praise G-d. (ibid. 16)

15.

A boy o f thirteen years and one day is obligated in the

performance o f the commandments. Therefore, on that day
the father should say: Baruch shep'tarani mi-onsho shel zeh
('Blessed is the One who has exempted me f r o m the
punishment for this one') and he should t h i n k o f G-d's
Name and Kingship in his heart.
The father should make a festive meal for all his friends and
relations and also invite T o r a h scholars. One should
provode abundant food at this meal and be happy since G-d
is good to h i m . This meal w i l l be a great defense for the
N a t i o n o f Israel, for the righteous advocates w i l l say before
the H o l y One Blessed Be He, 'See your children, how happy
they are when they take upon themselves the yoke o f o f
Y o u r commandments'.
This meal is called a seudat mitzvah and all those present
should bless the boy. I f he knows how to expound the
T o r a h , he should, but i f not his father or one o f the T o r a h
scholars should expound. I t is good for the boy to wear a

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new suit and to bless shehecheyanu over it. While he recites this
blessing he should have in m i n d that he is also blessing
shehecheyanu upon entering the yoke o f the commandments
on that day. I f he cannot afford a new suit, he should buy a
new fruit and bless shehecheyanu on it.
On the day when one's daughter becomes obligated in the
commandments (twelve years and one day), she should put
on a new dress and bless shehecheyanu, and she should be
happy on that day. (ben Ish Chai, Re'eh 1)
16. There is a custom to make a m i n o r holiday o f one's birthday
every year and this is a good practice. I t is the custom in our
homes. I n some places, there is the custom to make a festive
meal every year on the day o f one's circumcision and this is
also a good practice. Concerning the latter custom, there
are those who say this request:
'Master o f the w o r l d , it is revealed and k n o w n before Y o u
that this day which is the day o f the month o f
was the
eighth day after my b i r t h , when I entered into the covenant
o f our Father A b r a h a m , Peace be upon h i m . I n the first year
o f my b i r t h , my father y o u r servant f u l f i l l e d the
commandment o f circumcision of the outer and inner
membrane (mi/ah and periah) as we are commanded in Y o u r
H o l y T o r a h . Reveal the t h i r d vessel o f the true foundation
which is called the H o l y o f Holies, and the light shall go out
and nullify the hold o f the extraneous forces, and j o i n
together the 78 lights o f kindness w i t h the 78 lights o f
severity and sweeten the lights o f severity w i t h the lights o f
kindness'.
'Please G-d, for the sake o f Y o u r great Name, for the sake o f
Y o u r mercy and kindness, help and assist me to guard the
sign o f the H o l y Covenant which has been sealed in our
flesh, and save me from all sin and from all evil thoughts.
Save me from blemishing this covenant either in thought,
speech, or deed, or in sight, hearing, or the other senses, and
let all o f them be pure in the holiness o f the covenant
without any blemish or evil consideration at all. M a y I merit

Laws of Thanksgiving Blessing for an Individual

271

to overcome the evil inclination, and may my thoughts

cleave to Y o u r Holiness always, for in Y o u r great mercy you
chose us from all the nations, and raised us up over all
languages, and separated us from all their i m p u r i t y and
abominations as it is written in Y o u r H o l y T o r a h : A n d I
have separated y o u from the nations to be mine. We
acknowledge that Y o u , L - r d our G-d and G-d o f our
fathers, t o o k us our from the land o f Egypt and redeemed us
from the house o f bondage, and thank Y o u for the covenant
sealed in our flesh, and for Y o u r Torah which we learn and
the statutes which we k n o w are Y o u r W i l l , and for the life
which Y o u give us and the sustenance which sustains us.
Please G - d , create for me a pure heart, and a correct spirit
renew within me, and draw upon me pure, holy, meritorious,
and proper thoughts, and I w i l l have a happy heart in Y o u r
service always. Help me to honor Y o u r Name, from now
and forever, amen so may it be His W i l l ' , (ibid. 17)
17.

One who buys or makes new clothes should bless shehecheyanu

because he is happy w i t h them and so he should bless G-d
who caused h i m to merit this happines. According to the
strict letter o f the law one should bless at the time when he
purchases or makes the garment, but. the custom is to bless
at the time when he puts it on.
Regarding new clothing, there is a difference o f opinion
whether to bless malbish arumim on clothing, ozer Yisrael on a
belt, and otair Yisrael on a hat, but because o f a doubt, we do
not bless on them. However it is good to put them on in the
m o r n i n g and to exempt oneself w i t h the morning blessings.
I f one must put them on at night, one should bless without
G-d's Name and Kingship, but only t h i n k o f them in his
heart, (ibid. 1)

18.

Even i f one buys a garment which another person has

already w o r n , i f he is happy w i t h i t , he should recite the
shehecheyanu blessing. Similarly, i f someone gives him a
garment as a gift, even though it is not new, i f he is happy

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Chapter Sixty

w i t h it , he should recite the

19.

shehecheyanu

blessing, (ibid. 2)

O n shoes, socks, and underwear, one does not recite the

blessing, but for an especially distinguished
shirt, i f he is happy with it, he can recite it. (ibid 3)
shehecheyanu

20.

A rich man who makes a new garment which is not valuable

to h i m and in which he is not happy, should not bless
shehecheyanu even though this same garment would be
considered valuable by a poor person who w o u l d be happy
w i t h it. This is the rule: for anything for which he is happy he
should recite the shehecheyanu blessing, but i f he is not happy
w i t h i t , he should not. Every man knows w i t h i n himself i f he
is happy, (ibid. 4)

21.

We are not accustomed to bless o n new vessels, even though

the reason for not doing so is insufficient. I n any case, those
who have fear o f heaven w i l l use them first on the night o f a
festival and when they bless shehecheyanu w i l l have in m i n d to
include the vessels also. Alternatively, on can buy a new
fruit and include the vessels in its blessing. I f not, one can
bless shehecheyanu without mentioning G-d's Name and
Kingship, but only t h i n k i n g them in his heart, (ibid. 5)
There is an opinion however, that on anything which the
average person w o u l d consider o f value and which makes
him happy he is able to bless shehecheyanu. (Bircat Yosef Part
2, 7,7) I t is clear from all that the Ben Ish Chai has written that
we do not bless when the local custom is not to. But in a
place where there is no custom not to bless, one should
recite the blessing.

22.

One who builds a new house or buys a house from others

should recite the shehecheyanu blessing. Nowadays however,
we do not bless. Rather, one's friends and relatives make an
inauguration party for h i m . This consists o f a festive meal
whose purpose is to thank G-d for this good thing which
was established for h i m . There is a support from the words

Laws of Thanksgiving Blessing for an Individual

273

of the Sages in the M i d r a s h for making this meal, therefore

we call it a seuda shel mitzvah. I t is our custom for the master o f
the house to put on a new garment during the meal, to recite
the shehecheyanu blessing on i t , and to have the intention to
include his house also. (ibid. 6) Some authorities h o l d that
one should recite the shehecheyanu blessing on a house, even
w i t h o u t a festive meal, as was stated above. But i f one buys a
house for purposes o f business, one does not bless.
23.

A father should bless shehecheyanu at the time o f his son's

circumcision. I f the father is not present, the other relatives
do not bless. But when the father does come to see the baby
and is happy, there is a difference o f o p i n i o n whether or not
he should bless. Therefore, one should try to take along a
new garment or a new fruit, and exempt himself with the
blessing over them. I n a place where it is the custom to bless
shehecheyanu we do bless, (ibid. 8)

24.

When a man reaches the age o f sixty or seventy, it is proper

for h i m to put on a new garment or take a new fruit, recite
the shehecheyanu blessing on i t , and intend also to include his
years. Some people make a festive meal when they reach the
age o f seventy, (ibid. 9)

25.

One who intends to bring a new T o r a h scroll to the

synagogue should make a festive meal for friends and
relations on the night o f a Shabbat or a Festival. I n the
middle o f the meal, one should put on a new garment, bless
shehecheyanu and have in m i n d to include the T o r a h scroll
also. Then he shold escort the T o r a h to the synagogue
together w i t h many people, w i t h music and w i t h great j o y .
( i b i d . 9) Similarly, i f one buys new books and is happy with
them, i f one writes and publishes a book and is happy about
it, or i f one buys tefillin, there is a difference o f opinion
whether or not to bless. Therefore, one should buy a new
fruit or a new garment and bless shehecheyanu and thereby
exempt himself, (see Bircat Yosef,Part 2, 7). A t a

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Chapter Sixty-One

circumcision or the redemption o f the first b o r n son, we

have the custom to bless shehecheyanu, but for the redemption
o f a first born donkey, there is a difference o f o p i n i o n .
(Bircat Yosef ibid.) The blessing o f shehecheyanu is left to the
individual's discretion, but there is a general rule which
states: when there is a doubt about saying a blessing, we are
lenient, and do not say it. (Mayan G a n i m , Part 2, P. 2)

CHAPTER SIXTY-ONE
T H E LAWS OF kriat shema IN T H E EVENING,
ITS BLESSINGS, AND T H E TIME O F PRAYER.
1.

The time of kriat shema (reciting the Shema Yisrael prayer) in

the evening begins when three small stars appear. I f the sky is
cloudy, one should wait until there is no longer a doubt about it
being night. If one recited the Shema before this time, then he
must repeat it, but without the accompanying blessings. I f the
congregation recites the Shema while it is still day, one should
recite it with them and pray with them, but when the proper
time comes for kriat shema one should do so with the blessings.
(Chapter 235)

2.

It is forbidden to begin to eat a meal half an hour before the

time of kriat shema in the evening. If one did begin a meal, he
should interrupt at the appropriate time, recite kriat shema
without its blessings, then finish the meal. Afterwards recite
the blessings and pray, (ibid.)

3.

It is preferable to recite kriat

shema

immediately when the stars

Laws of Kriat Shema in the Evening

275

appear, but one can recite until midnight. If he has transgressed

and delayed it even later, he may still recite until dawn and he
will have fulfilled his obligation, (ibid.)
4.

One who recites the evening kriat shema after dawn but before
sunrise has not fulfilled his obligation unless he was forced to
do so, for example he was intoxicated or ill, etc. One who is
forced to read at that time should not say hashkivenu (let us lie
down) since dawn is not the time of lying down, (ibid.) Note:
But one should recite the two blessings before and the one
blessing after kriat shema. (ibid.)

5.

One does not speak between the blessing which concludes

Ga-al Yisrael and prayer. The prayer leader's announcement of
the arrival of the new month at that point does not constitute
an interruption since it is done for the necessity of the prayer,
(ibid. C h . 236)

6.

One who enters the synagogue and finds that the congregation
has already recited kriat shema, should first stand up to pray
with them, and afterwards recite the kriat shema and its
blessings, (ibid.) According to the opinion of the Ben Ish Chai,
one should reicte kriat shema first and then pray, (see there)

7.

I f one comes to the synagogue when the congregation is

already saying Barchu (for the evening prayer) and he has not
yet prayed mincha (the afternoon prayer), he should first pray
mincha while they are saying kriat shema and its blessings.
Afterwards he should pray the evening prayer with the
congregation. Following this he recites kriat shema and its
blessings. However, one should not wait to pray mincha while
the congregation is praying arvit (the evening prayer) and to
pray arvit afterwards by himself, because the congregation
considers it night and he considers it day. (Magen Avraham, 16.
Ba'er Hatev ibid.)

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Chapter Sixty-One

AL HASHULCHAN

1.

Before the evening prayer one says four verses: 'The L - r d or

Hosts is w i t h us...'; ' L - r d o f Hosts is happy...'; ' L - r d , deliver
us...'; ' H e , being compassionate, pardons...'.(we are
accustomed to say mizmor before prayer according to the
day).
There are some places which have the custom to say
confession and Shir Hama-alot beshuvah Hashem etc, after
prayer. This is the custom in H e b r o n (may it be established
and re-built), according to the instruction o f Rav Shaba o f
Salonica. There was a great sickness and many sudden
deaths there, and one tzaddik had a dream where he was
t o l d to estalish the saying o f vidui (confession) after arvit and
thereby to nullify the heavenly decree against the city. He
d i d so and the decree was nullified. H e b r o n continues this
custom u n t i l today. Every place should follow the local
custom. (Ben Ish Chai, Pekudei

1,6)

2.

Between shomer et amo Yisrael and prayer, if one hears kaddish,

he should answer only the first five times amen. I f one hears a
blessing he should not interrupt to answer amen. (ibid.5)

3.

One should be very careful to say kriat shema she-al hamitah (the
recital o f the Shema before going to sleep). There are some
places which have the custom to bless hamapil w i t h G - d's
Name and Kingship.
However, because o f the w o r r y that one might come to
interrupt between the blessing and actually sleeeping, one
should say the blessing w i t h o u t G-d's Name and Kingship.
But i f one already has taken on this custom, he should be
very careful not to interrupt before sleeping. There are other
special verses which we say also at this time as is printed in
the sidur. (ibid. 11,12)

4.

One should not eat, d r i n k , or speak after saying

kriat shema

The Afternoon Prayer

277

before going to sleep. I f it happens that he cannot sleep, he

should make an effort to t h i n g about words o f T o r a h in
order to fall asleep in the midst o f them. He should satisfy
himself f r o m the words o f the T o r a h which give life to those
who fulfill them. (ibid. 15)

CHAPTER SIXTY-TWO
T H E AFTERNOON PRAYER.
The following laws are from my commentary Al Hashulchan, for
our teacher the great Shmuel Laniado z a l , the author of
Shulchan Hamelech, wrote only until here. From here on he wrote
about the laws of Shabbat and other things which we have
printed with G-d's help in Part 2. In order to finish this book,
we have written more chapters concerning some of the
forgotton laws. Our intention is to help the public at large.
1.

Our Sages, may their memory be a blessing, said, a man

should always be careful to pray mincha (the afternoon prayer)
for Eliahu, who is remembered for good, was only answered in
the mincha prayer. One is permitted to say it with the repetition
of the Shaliach Tzibur (prayer leader), but only if one is under
great pressure is he allowed to say this prayer without
repetition. One should shut one's eyes and pray with awe. (Ben
Ish Chai, Veyakel 1)

2.

One should be careful not to wait until sunset to pray, for

perhaps one will be preoccupied with his business and the time
of prayer will pass. If one has delayed, the lastest time to pray

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Chapter Sixty-Two

mincha

is thirteen and a half minutes after sunset, which is

called twilight. I f one has passed this time, it is forbidden for
him to pray (the exact time is printed on the calendar), (ibid.
2,9)

3.

The mincha prayer was fixed to correspond to the tamid sacrifice

which was offerred in the afternoon. The time of this sacrifice
was from six and a half hours from sunrise, that is one half
hour after noon.
However, in practice, the tamid was offerred at this time only
on the day before Passover which fell on Friday, in order to
ensure that there would be time to slaughter and roast the
Passover offerring before Shabbat. All the rest of the days of
the year, the tamid offerring was brought at nine and a half
hours.
Therefore, the preferred time to pray mincha is from nine and a
half hours, which is called mincha katana. But if one did pray
from six and a half hours, which is called mincha gedoia, he has
fulfilled his obligation.
At a time when one is under pressure, for example, if one wants
to travel or he has much work to do, and he is worried that he
will be preoccupied and will forget the time of prayer, he is
permitted to pray at the time of mincha gedo/ah. This law also
applies on Shabbat, if one wants to listen to a Torah discourse,
and if he prays at the time of mincha ketana, there won't be
enough time to make a generous third meal. In such a case, it is
preferable for him to pray at the time of mincha gedola. (ibid. 3)

4.

The hours mentioned above are not fixed hours, rather they
are seasonal hours dependent on the amount of daylight in
each day. The sages divided the day into twelve equal parts,
whether the day is long or short. In every law where the Sages
measure the hours, the intention is always seasonal hours.
There is one opinion which states that the length of a day is
from dawn until the stars appear (thirteen and a half minutes
after sunset). A second opinion states that the length of a day
is from sunrise until sunset. The first opinion is the principle

The Afternoon Prayer

279

one, and those who are strict measure from dawn until the
stars appear, (ibid. 4)
For example, if dawn is at four A . M . and the stars appear at
eight P . M . , there are sixteen hours to the day. If we divide
sixteen by twelve, it comes out that each sesonal hour equals
one hour and twenty minutes. I f dawn is at seven A . M . and the
stars appear at four P . M . , there are nine hours to the day. I f
we divide nine by twelve, it comes out that each seasonal hour
equals three-quarters of an hour (45 minutes). This is the
method of calculation for all the days of the year.
5.

One should be careful to pay one's hired day-laborer before

the time of mincha. Rabbi Chaim Vital, of blessed memory,
writes that our master, the Ari, of blessed memory, (Rabbi
Yitzchak Luria) was very careful regarding this. If he did not
have the money to pay his hired laborer, he would delay
praying mincha until sunset. In order to raise the money, he
would take a loan and pay off his debt. Then he would quickly
pray mincha. He would say, 'How can I pray before G-d above,
having had the opportunity to perform this great
commandment and not having fulfilled it'. Therefore, one
should be very careful regarding this commandment, (ibid. 5)
The details of the laws of hired labor are written in the work
'Laws of Monetary Transactions', Part 3, section 1.

6.

It is a mitzvah to give charity before before praying mincha. One

should try to be among the first ten to arrive, (ibid. 6)

7.

According to the Sages, the time of mincha extends until the

stars appear. But according to Rabbi Yehuda, one can only
pray mincha until pelag hamincha (one and a quarter seasonal
hours before the stars come out). The Talmud states that one
can do like either opinion but that he should be consistent to
always follow that opinion.
Today, however, some are lenient and pray mincha and arvit
(the evening prayer) together after pelag hamincha, relying on
two opposing leniencies. There is some support for this custom

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Chapter Sixty-Two

in the law. However, this practice is permissable only when

praying with a congregation, but for an individual, if he prays
mincha after pelag hamincha, he should not pray arvit until the
stars appear.
A woman many pray mincha andarv/7* together since she is busy
with the affairs of the home. She is considered to be under
pressure and is judged according to the laws of a congregation,
(ibid. 7, see Kaf Hachaim 233,12)
8.

During mincha, if one begins with the verse, 'My L-rd, open my
lips, and my mouth shall declare Your praise', and one has still
not begun the first blessing, if he hears Kaddish, Kedusha or
Barchu, one should answer to them. Afterwards he should again
say, 'My L-rd, open my lips...'. Even though this verse is
included in prayer, since it is possible to repeat it a second
time, it is not considered a blessing in vain. (ibid. 10)

9.

The Sages forbade cutting the hair, bathing, or eating a meal

close to the time of mincha. In this case the meaning is from the
time of mincha gedola according to the opinion of Rabbi Yosef
Caro.
Regarding the cutting of hair, since the barber uses several
kinds of cutting instruments (scissors, clippers, etc.) and if one
of them breaks, he can use another, we are lenient and allow
haircutting even after mincha ketana. But for those who have
fear of heaven, it is fitting to be strict in this matter. Also with
regards to bathing, people are lenient, though there is no
support for this leniency. Therefore, it is good for a man to
appoint a someone to remind him to pray mincha.
Also with regards to eating a meal, especially a large meal
served in honor of wedding or a circumcision, one must
appoint a person to remind him. This applies also to an
individual who eats in his own house after mincha ketana. (ibid.
11, Part 2, 13).
This restriction regarding eating a meal close to the time of
applies only when one sits down to a fixed meal, but for

mincha

Bread Baked by A gentile

281

eating a fruit or a small amount of bread, which people eat as a

snack, is permitted. (Shulchan Aruch 233,3)

CHAPTER SIXTY-THREE
BREAD BAKED BY A GENTILE.
1.

Our Rabbis, may their memory be for a blessing, forbade the

eating of gentile bread in order to separate us from the gentiles
to the greatest extent possible. This was done so we would not
become accustomed to mix with them and to be drawn close to
them in mind and heart, and thereby come to harlotry and
intermarriage with them as happened in the Plains of Moav (see
Bamidbar, Parshat

Balak).

The Rabbis made this decree only on bread made from one of
the five grains (wheat, barley, rye, oats, spelt). But on bread
made from bean, rice, or millet flour they did not because the
latter are not significant types of bread and will not bring one
close to the gentiles. These types of bread are also not
forbidden because of the decree against gentile cooked food
since they are not found on the tables of kings and royalty.
Even though rice is found in a cooked dish for royalty, it is not
eaten in the form of bread cooked in an oven. (Ben Ish Chai,
Chukat 1 second cycle )
2.

When our Rabbis made the decree forbidding gentile bread,

they intended this to mean primarily home made bread which
is privately baked. But concerning bread from a bakery, which
is sold commercially, the Rabbis did not forbid in all places,

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Chapter Sixty-Three

since a man needs bread to live. Therefore, in places where

there is no Jewish bakery, they allowed the Jews to buy gentile
bread from a bakery because buying commercially baked
bread will not bring Jew and gentile so close together.
There are those who are even more lenient and allow Jews to
buy bread from a gentile bakery even if there is a Jewish
bakery there, and this was the custom in Babylonia.
Our Master, the Ari, of blessed memory, was very strict in this
law even in the cae of a doubt whether the bread was baked by
a Jew or a gentile, (ibid. 2) The reason for the leniency was
because in general, there is no mixture of forbidden ingredients
in the bread. But in places where they do use forbidden
ingredients, one is not permitted to buy from the gentiles.
3.

The above decree does not apply to one who is in possession of

the bread now, only to the one who baked the bread. Gentile
home baked bread is always forbidden, even if it was bought by
a bakery, and even if it was sent to the house of a Jew. Bakery
bread is always permitted, even if a gentile bought the bread.
Therefore, if a gentile invites a Jew to his house, and brings
him bakery bread, he is permitted to eat it. Similarly, if a
baker invites a Jew to his house and serves him bread from his
bakery, he is permitted to eat it. But if he serves him home
baked bread which he make for his family, it is forbidden to eat
of it. (ibid. 3)

4.

Home baked gentile bread is never permitted, even in a place

where there is no Jewish bread and no gentile bakery. Rabbi
Yosef Caro has established the law that home baked bread is
forbidden in every case. Even if one wants to cook the bread in
a pot, it doesn't effect this prohibition. Even if the bread was
baked in a field where there is no suspicion of intermarriage,
we do not allow it.
The only cases where this prohibition is lifted is if one has not
eaten bread for three days, or it is Shabbat and one must have
bread to fulfill the mitzvah of oneg Shabbat (delight in the
Shabbat). (ibid. 4)

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283

5.

I f a Jew puts a piece of wood in a gentile's oven (for fuel), he

thereby makes all the bread in the oven kosher. This is so
because the piece of wood adds heat to the oven and hastens
the baking time. Since the only reason the bread is forbidden is
to make a division between the Jews and the gentiles, when a
Jew fuels the oven, he is helping to bake the bread and it is no
longer considered gentile bread. But he must have the
intention when laying on the fuel that he is doing so in order to
kosher the bread. I f he throws on the wood without intention,
then the bread remains forbidden, (ibid. 5)
It was the custom in Aram Tsova and other places that every
morning a certain Jew would wake up early in order to throw
wood in all the ovens of the gentiles. This would in effect make
all the bread like Jewish bread.
Today, since ovens are fueled by oil or other fuels, a Jew is
required to add more oil or electricity in order to increase the
heat.

6.

I f a Jew brings a gentile to his house in order for the gentile to

bake bread for him, the members of the household should be
careful to place a bundle of wood in the oven when it is first
being lit. Then the gentile may finish lighting the oven and
bake in it.
It is thereby possible to rely on the placing of this wood for the
second baking also, for the power of the first lighting is still
present in the oven. But after the second, one must again place
wood in the oven by hand, and so on. (ibid. 6)

7.

I f bread belonging to a Jew was baked by a gentile, and a Jew

did not add wood to the fire, the bread is forbidden as if it was
home baked by a gentile. But one may cut it in pieces and sell it
to a gentile, for there is no worry that a Jew will in turn buy it
from the gentile. However, one should not sell it without
cutting it in pieces, lest the gentile re-sells it to a Jew.
When there is a doubt whether the oven was made kosher by a
Jew or not, it is permitted to eat the bread, because in the case
of a doubt regarding a rabbinic prohibition we are lenient.

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(ibid. 7) This is only in the case where it is impossible to clarify

the truth. (Veyilkat Yosef p. 210)
8.

In some places on the day of their festival, the gentiles have the
custom to bake bread with oil and with other things like it.
Besides what we wrote above that it is forbidden to buy this
bread, a Jew should not even bake in the same place.
If he is forced, for example if guests come to his home and
there is no Jewish oven available, it is the custom to pay the
gentile to leave on the fire until all the oil that remains is
burned up according to the laws of koshering an oven.
Afterwards, he may bake. (Zichronot Eliahu 10,1)

9.

In places where the gentile bakers are not careful to check for
worms and there are worms in the water or the wheat that they
bake with, it is forbidden to buy bread from them, even if it
comes from a bakery. (Eretz Hachaim C h . 102)
The Zivchei Tzedek writes that we do not eat even from a
Jewish bakery because most of the bakers are ignorant people
who are not careful to check for worms. Therefore, in every
place a specieal committee must be appointed for kashrut, to
supersvise the baker in sifting the flour and straining the
water, and to insure that that the place of kneading and
stretching the dough is free from worms and other insects. The
merit of benefitting the public will guard them. (Kaf Hachaim,
Yore De'ah, 212:31).
Regarding the inspection for worms there is no difference
between Jew and a gentile. Even today, wehn there are big
machines for kneading, the baking must be supervised,
because the dough is sometimes found on the sides of the
machine, and it becomes wormy and passes into the dough. It
is up to the Rabbis to appoint supervisors to watch over things
like this.

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C H A P T E R 64
NON-JEWISH COOKING
1.

2.

3.

4.

Food cooked by a non-Jew, even if it is cooked in a Jew's

house and in a Jew's dishes is forbidden by Chazal. This is
because eating from their food might lead to intermarriage,
and because by eating food cooked by a non-Jew one could get
used to eating forbidden foods. Chazal's prohibition of nonJewish cooking only applies to foods which cannot be eaten
raw and which are worthy of a king's table as an
accompaniment to bread, as dessert, or as regular parts of the
meal (Ben Ish Chai, Chukat 9). One must remember these
conditions because they are essential for the specific halachot.
Food becomes prohibited by non-Jewish cooking regardless
of whether the cooking has changed the food from its original
state. The requirement that food should be good enough for a
king's table does not necessarily mean only a king's. It means
any kind of distinguished person (ibid).
This prohibition was enacted against a non-Jew doing the
cooking, not against his using his own dishes which are not
kosher, because a non-Jew's dishes will normally not have
been used for cooking within the last 24 hours, and therefore
the taste absorbed by them has been spoiled (Vayilaket Yosef,
klal 5). Therefore in a place where there is no problem of the
non-Jew having cooked the food the non-Jew's dishes are not
an issue in themselves, because one can assume that they were
not used the same day unless it's known that they were just
used for prohibited food.
The prohibition only applies when it is clearly known that the
food was cooked by a non-Jew. When there's a doubt whether
a Jew might possibly have cooked the food and it is impossible
to find out, then as the doubt regards a prohibition
miderabbanan and the reason for the prohibition is external
to the food itself, therefore we can be lenient. But when source
of the prohibition lies within the food itself, for example in the

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5.

6.

7.

8.

Chapter Sixty-Four

case of non-Jewish cheese, we do not consider it a doubt

concerning a miderabbanan about which we can be lenient.
Since the source of the prohibition lies within the cheese itself
its prohibition is considered to be de'oraita, and all similar
cases are treated likewise (Vayilaket Yosef, klal 7).
It is prohibited to buy food from a non-Jew when it is doubtful
whether it has been cooked by a Jew or a non-Jew. Even
though we just said above that we can be lenient in case of
doubt, that is when a Jew has the food in his house. Still, one
must buy food only from a Jewish source and only when one
knows it is clearly kosher (ibid, klal 8).
Any food for which we say the mezonot blessing and for
which, when we make it the main part of our meal, we say the
hamotzi blessing, can be considered non-Jewish bread. (See
previous chapter regarding the laws of non- Jewish bread.) If
the food is such that even when it is used as the main part of
our meal we do not say the hamotzi blessing, such as cake or
other sweets, then it can be considered non-Jewish cooking. I f
it's the kind of food that we do not say the mezonot blessing
for, even though it contains flour, because the flour is
secondary, and if sugar is the main part of the food and the
sugar can be eaten raw, then there is no prohibition of nonJewish cooking (ibid 9).
I f one mixes an ingredient which can be eaten raw (such as
honey or sugar) with ingredients which cannot be eaten raw,
and the combination is fit for a king's table (such as flour,
rice, etc.), if the main ingredient is subject to the prohibition
of non-Jewish cooking then it is prohibited, and if the main
ingredient can be eaten raw then it is permitted (ibid, drash
11).
Lighting the oven only helps in case of bread, but for other
foods neither lighting the oven nor lighting the stove helps;
one must put the food on the fire. Therefore, a person who
wants to roast food in a non- Jew's oven must put the pan with
the food into the oven himself (Shulchan Aruch 113, 7).
Regarding this halacha, I have seen a scandalous thing. Some
rabbis who are unaware of this halacha give a certificate of

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287

kashrut to places where non-Jews do the cooking, relying on a

Jew to light the fire in the morning according to the opinion of
the Ramah. They write that the place is kosher, and then
Sephardi Jews who follow the opinion of Maran also eat
there, even though the food is prohibited even b'diyavad.
There are also wedding halls and the like which serve the
public non-Jewish cooking, and the rabbis must stand guard
to let people know that the food there is absolutely forbidden
except for Ashkenazim who rely on the Ramah's opinion. In
places where the diners are both Ashkenazim and Sepharadim,
the rabbis must see to it that the food is placed on the fire by a
Jew, and they must not rely on lighting the fire alone.
This is also a warning to anybody who goes to eat at a hotel or
a restaurant in Eretz Yisrael or abroad. Even if the restaurant
owner looks like an observant Jew and has a certificate from
the rabbinate that the place is kosher, one must still find out
who does the cooking and who puts the pot on the fire, because
if the restaurant relies on a Jew lighting the fire in the
morning, then it is not permissible to eat there.
There have even been cases of talmidei chachamim who
stumbled in this matter. Seeing that everyone at a certain
establishment was observant, they did not check how the
cooking was done, and when they found out about it later,
they had to repent for it for the rest of their lives.
It is therefore forbidden to give a general certificate of
kashrut to a place like this because it is impossible to make
sure that they will only serve Ashkenazim and not Sephardim.
Therefore, a certificate must be given only when they make
sure that the cooking is done according to all opinions.
Any food which was partially cooked by a Jew, whether at the
beginning or the end, is permissible. Therefore if a non-Jew
puts a pot on the stove, and then a Jew comes and stirs the pot,
or vice versa, the food is permitted. (Shulchan Aruch, ibid 64)
However if the non-Jew cooks the food to the level of
ma'achal ben d'rusai and then the Jew finished the rest of the
cooking it should be prohibited unless it is Erev Shabbat or
Erev Yom Tov or there is a great loss involved (ibid 9).

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10. I f a Jew put a pot on the fire and took it off, and a non-Jew
came and put it back on the fire, it is prohibited unless it had
been cooked to the level of ma'achal ben d'rusai, which is a
third of the cooking, before having been taken off the stove
(ibid 8).
11. I f a Jew put a pot on the stove and left a non-Jew to watch it in
a way that leaves no room to suspect that the non-Jew
exchanged it or stirred it, and if one does not know whether
the non-Jew took it off the flame before it reached the level of
ma'achal ben d'rusai, the food is permitted, because it is a
doubt regarding a miderabbanan, and all other such doubts
regarding non- Jewish cooking are permitted (ibid 11 and see
Kaf 1'Chaim 64).
12. A fish salted by a non-Jew, or foods smoked by him are
permitted. For the purpose of non-Jewish cooking we do not
consider salting to be the same as boiling or smoking to be the
same as cooking. Likewise, pickling is not the same as boiling,
because the prohibition only applies to cooking on a flame
(ibid 13). This only refers to a case where there is no suspicion
that some prohibited food is mixed in. Pickles made in wine
vinegar, for example, could have a problem of non-Jewish
wine (Vayilaket Yosef, 25).
13. An egg, even though one can drink it raw, is prohibited when
cooked by a non-Jew, because it is not common to eat it raw.
If a Jew cooked it first, even only a little, and then took it off
the fire, and then a non-Jew took it and finished cooking it, it
is permitted (Ben Ish Chai, Chukat 11).
14. Even though bread made out of rice is permitted, as we have
mentioned in the previous chapter, rice cooked by a non-Jew
is prohibited, because cooked rice is fit for a king's table.
Similarly, kamayheen and garlic are fit for a king's table and
therefore the prohibition of non-Jewish cooking applies to
them (ibid 10).
15. The kind of fried cakes which are fried in oil (such as zalabiye,
lakum and zangul) and are made from a loose batter, are
prohibited if they are cooked by a non-Jew because they are
not considered bread and therefore a Jew must put the pan on

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289

the fire (Ben Ish Chai, ibid 15; Vayilaket Yosef, drash 12).
16. Tzanadik are made out of fine farina with eggs and sugar and
are baked (today they're called laykach and are traditionally
served at a brit mila). The blessing for them is mezonot, but if
they make up the main component of one's meal one must say
hamotzi and afterwards recite Birkat Hamazon. Some are
lenient and consider them bread and therefore anybody who is
careful not to eat non-Jewish bread must make sure to at least
put a small piece of wood into the fire (Vayilaket Yosef, drash
12). The halacha here is not similar to that of the previous
paragraph, because those foods were fried and these are
baked. Obviously all of this is only true when there aren't any
prohibited foods mixed into the batter.
17. Uk is soured pomegranate juice that has been cooked until the
juice jells. It should have been permissible to buy it from
non-Jews since we can eat the pomegranate raw, but since we
suspect that the grape extract called dabis might be mixed in
(since dabis is cheap and the non-Jew gets more profit out of
the mixture), therefore one must not buy it from a non-Jew
unless we can watch him as he cooks the pomegranate and we
can make sure that he doesn't mix anything in. In such a case,
of course, it would be permissible (Vayilaket Yosef, drash 13).
18. Malbis (almonds covered with sugar) and nuts covered with
sugar may be bought from non-Jews because there isn't any
problem of non-Jewish cooking regarding them, but they
must be free of unkosher additives (ibid).
19. Jam that is made out of fruits which can be eaten raw, such as
apricots, is permitted as long as there isn't anything unkosher
mixed in, because the fruit can be eaten raw. One must be
particularly careful about apricots, though, because it is
common to find worms in them and therefore one must not
buy it, or any fruit which is known to be wormy, unless one
knows that the fruit has been checked for worms (ibid, 5).
20. Majma sharab, a drink made out of sugar and soured lemon
juice, must not be bought from a non-Jew since it is possible
that he mixed a cheaper non-kosher ingredient into it (ibid 6).
21. Whole green nuts cooked as is in their bitter peel, called joz

290

22.

23.

24.

25.

Chapter Sixty-Four

ma'akud, are forbidden because of non-Jewish cooking. This

is because they cannot be eaten raw and they are fit for a
king's table. They are different from the sugared nuts we
mentioned before because those nuts can be eaten raw and
these cannot (ibid).
Cooked janzavil which comes from India and is called
janzavil marba is commonly known to be permissible and even
talmidei chachamim and rabbanim in Eretz Yisrael eat it.
This is because it can be eaten raw when it's still moist, and
therefore we are not concerned by the cooking which was done
when it was already dry since we can be lenient about a doubt
concerning a miderabbanan (ibid 7 and see Birkat Yosef 7).
Halva made out of sugar and sesame tehina has no problem of
non-Jewish cooking since the sugar and the sesame can be
eaten raw. However in some places it is common to mix some
grape juice into it because it is cheaper than sugar and the
non-Jew profits by adding it in, and one cannot tell the
difference by either taste or look (ibid 8).
Chalaviat el kariya which is made from gourds cooked with
honey or sugar, is permitted if the larger part of it is the honey
or the sugar since they can be eaten raw and we rule according
to the larger part, but if the larger part is the gourd it is
forbidden since it cannot be eaten raw (ibid).
Rachit al halakum, which in Hebrew is also called, in short,
halakum, was discussed above in chapter 56, paragraph 1,
concerning the blessing we recite over it. It was customary at
one time to buy it from non-Jews and Vayilaket Yosef goes to
great lengths to explain what people relied on when they
bought it. According to his opinion the blessing should be
mezonot because the flour is the main part of it and therefore
it should be forbidden since flour cannot be eaten raw.
Consequently, he went to great lengths looking for a reason
for it to be permitted. But according to Rav Birkat Yosef of
which we wrote above, the blessing should be shehakol, since
the main part of the food is the sugar, and it is therefore
permissible to buy it from non-Jews since there is no problem
of non-Jewish cooking as long as there is no suspicion that a

Non-Jewish Cooking

26.

27.

28.

29.

291

non- kosher ingredient was mixed in.

Sahleb, which is made out of wheat milk with sugar and milk,
is not prohibited because of non-Jewish cooking, even though
it contains wheat milk which is not usually consumed raw.
Still, since it is used for drinking and the blessing for it is
shehakol, there is no problem of non-Jewish cooking. On the
other hand, there could be a problem of non-Jewish milk, in
which case one must not buy it from non-Jews (Vayilaket
Yosef, page 217).
Cheese made by non-Jews is forbidden since it is normally
hardened inside the stomach of a cow which was not
slaughtered by a Jew and therefore isn't kosher. Even if the
cheese was hardened with herbs, though, it is still forbidden
(Shulchan Aruch 115b). Nowadays there are all kinds of
additives put into cheese even when it is made by Jews, and
therefore it is forbidden to buy cheese unless it is stamped by a
rabbi who certifies its kashrut. And since in general many
things have changed in food production and all kinds of
ingredients which previously were not in use are now added to
food, one must not buy any food product unless it has a proper
certificate of kashrut.
Ba'ajin bread (a kind of pastry baked with meat) in which the
meat is baked when it is still raw, has a problem of non-Jewish
cooking. Therefore if one wants to put it in a non-Jew's oven
he must make sure to take it there by himself, supervise the
meat, and also make sure to add a bit of wood to the fire in
which it is being baked. Regarding the pie called bastil which
is made with meat that has already been cooked, there is no
problem of non-Jewish cooking because recooking is not
considered cooking. Therefore one can bake it inside a nonJew's oven as long as he makes sure to supervise the meat
(Vayilaket Yosef 12).
Catayef, which is a kind of a pancake made by first forming a
thick dough, then thinning it with a lot of water, next pouring
it into a covered pitcher and finally pouring it through the
spout onto a hot griddle on the stove to fry into the shape of a
soft sponge which is eaten either plain or with honey or sugar,

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is a food considered to be bread for the purposes of nonJewish cooking. However canafiye, which are thin soft strings
made in a similar process but mixed with honey and butter, do
have a problem of non-Jewish cooking since they cannot be
eaten plain (ibid 13).
30. Cascason, which the non-Jews make out of breadcrumbs or
bulgur (cracked wheat) by coating them with flour, putting
them in a steamer over a pot of boiling water, and cooking
them with steam, and which people then buy from the nonJews to cook again either with meat or with other foods, since
it is not fit for a king's table before it has been recooked and
only becomes good enough through the Jews' cooking,
therefore is permissible to buy from them (ibid, drash 22).
31. Hitalye, which is made by cooking wheat milk in water until it
jells and then cutting it into pieces and putting it into sugar
water, is considered permitted, since it's normally consumed
by drinking, however if milk is mixed into it it is forbidden
because milk milked by a non-Jew is not kosher. Similarly,
tea is not forbidden because of non-Jewish cooking since it is
consumed by drinking and is normally drunk with sugar (ibid
15).
32. Cooked turnip is considered permissible since it is not
normally served on kings' tables, but in places where it is
considered forbidden they must not change their custom. In
Bavel where it is served on kings' tables it is definitely
forbidden (See Ben Ish Chai, Chukat 14). I f the turnip is
pickled only in salt water it is permissible like all pickles, but
if there's a possibility that any kind of non-kosher ingredient,
such as non-Jewish wine vinegar, was used, then it is
prohibited (ibid, drash 26).
33. The kind of legume which in Arabic is called bakili and in
Hebrew is called pol, is permitted if it is roasted because it is
not served roasted on kings' tables. However when it is boiled
it is forbidden because it is customary to serve it boiled on
kings' tables. Dates which are slightly bitter and are not
normally eaten are still prohibited if they are cooked by a
non-Jew (Ben Ish Chai, Chukat 13).

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293

34. There are different opinions concerning coffee cooked by

non-Jews. Some say it is permitted and some say it is
prohibited. Rabbeinu HaAri, z.l., said it's forbidden. However
we have no basis to oppose those who are lenient because they
have good sources to rely on, particularly in places where the
custom is to be lenient. In Baghdad the custom is to drink
coffee cooked by non-Jews without question, even in nonJewish coffee shops. It is obviously better for a person to be
more stringent with himself, but an important person who has
to go meet with distinguished non-Jews is allowed to drink
coffee for various good reasons (Ben Ish Chai, Chukat 16).
35. Bulgur, which is a kind of wheat cooked by non-Jews up to the
point of ma'achal ben d'rusai and then dried, can be bought
from non-Jews in order to cook it and eat it, because the
non-Jewish cooking in this case is insignificant since in its
dried state it is inedible (ibid 17).
36. The kind of very sour fruit called dabdib which is similar to
the etrog and is cooked in its thick peel with sugar is subject to
the prohibition of non-Jewish cooking. Similarly, the fruit
called narinja which while it is small is very bitter and is
cooked with sugar, and also the sour sauce called sakangavin
which is made from sour lemon cooked with sugar, even
though it is possible, though with difficulty, to eat it before it's
cooked it is still prohibited because of non-Jewish cooking
because we follow Maran's opinion on the subject (ibid).
37. While cooking fish in a non-Jewish oven a Jew must make
sure to place the pan in its proper place in the oven, and not
only put it on the edge and let the non- Jew push it into its
proper place, because that way the fish becomes prohibited
because of non-Jewish cooking. Similarly while making
baklava, which are very thin cookies made out of flour mixed
with honey and sugar and ground nuts and baked in the oven,
again a Jew must make sure to put it all the way in, because it
is not considered a baked product but rather a cooked one
(ibid 19).
38. Even though sugar is produced from beets which are not
normally eaten, it is not prohibited when it is cooked by

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non-Jews, because it is cooked in a process of steaming which

is considered the same as smoking. Also, there is a safek sfeka
regarding it. See Ben Ish Chai ibid 22, which can be applied to
our case also.
39. Dishes used by a non-Jew for cooking food must be kashered
through hagallah, namely by dipping into boiling water,
because they absorb the food that was prohibited because of
the non-Jewish cooking. The dishes cannot be used even when
more than 24 hours have passed since the non-Jew used them.
Although the taste absorbed in the dish is only prohibited
miderabbanan, they still cannot be used lechatchila without
kashering. Regarding ceramic dishes, even though normally
they cannot be kashered we are more lenient regarding nonJewish cooking and therefore it is enough to dip them into
boiling water three times. It is only when the dishes are so old
and worn out that it is certain that they will get spoiled by the
kashering and there is a great loss involved that these dishes
may be used 24 hours after a non-Jew used them (ibid 24).
40. I f a non-Jew cooked for a sick person on Shabbat, the food is
prohibited after Shabbat even for the sick person himself, as
long as he has other food cooked by a Jewish person. The
dishes must be kashered, and even though we can rely on a
safek sfeka to make the dishes permissible, still, since it is
easy to kasher them one should not rely on a safek sfeka.
41. Any kind of liquor produced by non-Jews, whether from
dates, figs, barley or wheat, is prohibited because it might
lead to intermarriage. However the prohibition only applies
in the place where it is sold or if one goes into a non-Jew's
house in order to sit down and drink in his company. However
if he brings it home, or if he drinks at the non-Jew's house just
in passing, or if for some reason he has to spend the night at
the non- Jew's house, then it is permissible to drink it,
regardless of whether the liquor comes from the host or from
any other source (ibid 26).

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C H A P T E R 65
WINE AND OTHER BEVERAGES MADE BY
NON-JEWS
1.

The Torah prohibited y ay in nesech, namely wine used for idol

worship. This wine is forbidden both for drinking and for any
other kind of use. In addition, Chazal also prohibited any kind
of a regular non-Jewish wine even when we don't know it was
used for idol worship, and any kosher wine which was touched
by a non- Jew was made prohibited for drinking and for any
other use just like yayin nesech. Even though the reason given
by Chazal for this prohibition is that drinking non-Jewish
wine might bring to intermarriage, Chazal had a another
reason which they knew with their holy spirit which was a
secret one, and Chazal do not reveal secret reasons. Therefore
even when the revealed reason no longer applies, the secret
reason still does, and therefore their prohibitions can never be
changed at any time or place. The punishment for anybody
who transgresses this prohibition is very great, because he
uproots his soul from its roots and has no share in the world to
come as it says in the Zohar HaKadosh, parshat shmini.
There is a special sefer by the name of Yayin Hameshumar
which deals particularly with this prohibition and reading the
sefer will make one's hair stand on end, to find out how great
the punishment is. See sefer Ayuma Kenidgalot, page 24
where it brings a terrible story regarding this (Ben Ish Chai,
Balak 1).

2.

Chazal prohibited regular non-Jewish wine and any wine

touched by non-Jews both for drinking and for any other use
only in the case that the non-Jews are actually idol
worshippers. However with non-Jews who are not idol
worshippers, such as the Arabs, their regular wine or wine
touched by them is only prohibited for drinking but not for
other uses, since they accept the unity of G-d, but the
Christians who worship the cross and do not accept the unity

296

3.

4.

5.

6.

7.

8.

Chapter Sixty-Five

of G-d are considered to be idol worshippers and therefore

they make the wine prohibited even for other uses (ibid).
A non-Jewish child who is ignorant of idol worship makes
wine prohibited for drinking but not for other uses. Even a day
old baby, though, makes wine prohibited for drinking. A
Moslem baby, however, who is young enough so he does not
touch things intentionally, does not cause our wine to be
prohibited in any way, even for drinking, since he is one of the
Moslems who are not idol worshippers anyway, and because
he is so young that his touching is not intentional (ibid 2).
One is not allowed to do any business in regular non-Jewish
wine, however if a non-Jew owes a Jew money and is only
willing to pay his debts with non-Jewish wine one can accept it
in order to sell it to non-Jews. Wine which is prohibited for all
uses can only be poured out. One must not sell it or even to
give to a non-Jew as a present (ibid 4).
Any kind of liquor produced from wine is prohibited just like
the wine itself, therefore brandy or any other such liquor is
prohibited (ibid 5).
Cooked wine does not become prohibited once touched by a
non-Jew. The definition of cooking for this purpose is that the
wine should boil long enough to lose some of its volume;
therefore it must be left to cook for a long time. Cooking only
helps for wine which was not yet touched by a non-Jew, but if
it has been touched already, cooking will not help. A mixture
of cooked and non-cooked wine becomes prohibited when it is
touched by a non-Jew (ibid 7).
Wine which is mixed with honey or other spices is not
prohibited when it is touched by a non-Jew as long as its taste
changes because of the spices, even if it doesn't change its
name. But if the addition of the spices is so insignificant that
the taste does not change, it will become prohibited (ibid 6).
The definition of wine for the purpose of yayin nesech starts
from the point at which we clear all the pits and skins of the
grapes into one corner, and only clear wine remains in the rest
of the press. As long as the wine is not separated from the pits
and skins it cannot become prohibited, even if a non-Jew takes

Wine and Other Beverages Made by Non-Jews

297

some wine out of the wine press with his hands. As long as it is
mixed with the pits and skins then even the wine in the
non-Jew's hand is not prohibited and it can be put back into
the wine press. However if a non-Jew filled a glass out of the
wine press with the intention of separating clear wine from the
pits and skins, then the whole wine press is prohibited (ibid 8).
9.
Raisin wine, which in Arabic is called zabib and which is made
through soaking dried grapes in water inside a barrel, is
considered regular wine and therefore becomes prohibited
when touched by a non-Jew (ibid 9).
10. The kinds of touching which a non-Jew has to do to make wine
prohibited both for drinking and for other uses are the
following: Touching the wine with his hand, foot or anything
else on purpose and shaking the wine even a little bit; drinking
from a glass or bottle of wine; or picking up the container with
the wine inside and shaking it a little bit when the container is
open. But if he touched the wine and did not shake it at all the
wine is only prohibited for drinking but it is permissible to
make other use of it (ibid 10).
11. When a non-Jew only touched a container of wine and did not
pick it up or shake the wine at all, then the wine is permitted.
This is true even when the wine is in a glass container so that
the wine is visible from the outside (ibid 11). However some
are more stringent and say that one should not drink wine
even when a non-Jew only looked at it. According to the
halacha, though, it is permissible, and if the non-Jew who
looked at the wine was a Moslem then the wine is totally
permitted and there is no reason whatsoever not to drink it
(ibid 16).
12. If kosher wine was mixed with regular non-Jewish wine or
with other kosher wine that was touched by a non-Jew, then
the whole mixture is prohibited for drinking, even if the
amount of prohibited wine which was mixed in was very small
and even if it is less than a sixtieth. Therefore one should sell
the whole mixture to a non-Jew and should take the part of the
money paid for the prohibited part and throw it away. He can
then use the rest of the money which was paid for the kosher

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wine. However this only applies to wine which was prohibited

both for drinking and for other uses, but if the kosher wine was
mixed with regular wine which comes from a Moslem, then if
the prohibited part is less than a sixtieth of the whole mixture
the whole thing can be drunk (ibid 12).
13. Wine vinegar is prohibited, and it can only be permitted if it
has reached such a level of fermentation that it bubbles very
noticeably when it is poured on hard earth. However since we
are not able to distinguish between the different levels of
fermentation all wine vinegar is prohibited. Wine mixed with
water or anything else becomes prohibited when it is touched
by a non-Jew as long as the wine's taste is noticeable. The
water in which underripe grapes are soaked is considered wine
and therefore is prohibited when it is touched by a non-Jew,
since we do not know the different levels of ripeness in grapes.
However if it is put in food and the taste is not recognizable,
or if it's cooked with other foods then it is permissible
(ibid 14).
14. An apostate Jew makes wine prohibited by touching it, and
the nature of the prohibition depends on the type of his
apostasy. If he joined the Christians or any other kind of idol
worshipping religion then he causes wine to be prohibited for
any use, but if he subscribes to Islam he only causes wine to be
prohibited for drinking (ibid 15).
15. Servants and maids working in Jewish homes who are not
converted to Judaism cause wine to be prohibited when they
touch it (ibid).
16. One must not deposit or send wine with a non-Jew, unless the
bottle is sealed with two seals. I f the bottle is sealed with a
cork, and a special knot is made on top of it in addition, some
say that this is considered to be two separate seals. However
others argue that when a bottle is sent from one town to
another we must have two extra seals on top of the cork. It is
proper to be more stringent lechatchila, however this only
applies to wine. Any other kind of food, though, for example
meat, fish, etc., can be sent with only a seal within a seal (ibid
17 and see Dinei Mamonot, part 1, sha'ar 11, chapter 13,
paragraphs 15 and 20).

299

CHAPTER SIXTY-SIX
LAWS O F B L O O D , SALTING, AND E G G S .
1.

According to the Torah one is forbidden to eat the blood of

domestic animals, wild animals, birds and the blood of their
unborn young found in the womb after slaughtering.
The blood of fish and grasshoppers is permitted. Our Sages
forbade drinking the blood from fish and grasshoppers
because of mar it ha-ayin (it might appear to another as if one is
drinking forbidden blood). If one puts a recognizable sign in
front of him like the scales of the fish it is permitted.
Human blood is permitted by Torah law, but the Sages
forbade it also because of marit ayin if the blood is separated
from the person.
Therefore, if there is blood in one's mouth, he can swallow it
and similarly one can suck the blood from a cut finger. But if
one bites a piece of bread and blood spreads on to the bread,
one must cut away the place where the blood is because this
blood has separated from the flesh and is forbidden to eat. (Ben
Ish Chai,

Tahorot)

2.

If one finds a drop of blood in an egg, whether in the white part

or in the yolk, we are accustomed to forbid eating the egg.
Even though Rabbi Yosef Caro forbade the egg only if one
found blood on the yolk. But if one found blood on the white he
should throw out the blood and eat the rest. Still, we have the
custom to forbid the egg in either case. (ibid. 5.

3.

If one put eggs on top of a covered pot in order to bake them

and he found blood in one of them, the cooked food in the pot is
permitted, (ibid. 6)

4.

One is permitted to eat a roasted egg and he does not have to

check it for blood. This was the custom of our master Rabbi
Yitzchak Luria (the Ari z'l) who was not careful to check

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Chapter Sixty-Six

them, since he relied on the fact that in most eggs there is no

blood.
However, when one wants to fry eggs in a pan or put them in a
cake or in other things, one should first check them for blood,
(ibid.8)
5.

When one buys meat together with other necessities, he should

be careful that the meat is wrapped well so thet the blood from
the meat will not drip on them, thus absorbing the blood,
(ibid. 9)

6.

The process of salting meat: 1) Place the meat in water for

one-half hour; 2) Salt the meat on both sides and leave for an
hour; 3) Rinse it very well. In this way all the blood will come
out of the meat. (ibid. 10)

7.

In the following cases one must ask a competent Rabbi for a

judgement: 1) One cooked the meat and forgot to salt it
previously; 2) One salted the meat but forgot to wash it off
afterwards; 3) One salted the meat but did not leave it on the
required amount of time.
If he salted it and forgot to rinse the meat prior to salting, even
if he salted it just a little and he didn't wait the required time
for salting, the meat is forbidden. But if as a result, he will
suffer a great loss of money or it is before Shabbat and it is
impossible for him to prepare another piece of meat, the
Rabbis instituted regulations that allow one to rinse and salt
the meat a second time. But if one did not rinse and salt it a
second time, but simply cooked it, there is no way to fix the
meat, even if he will suffer a great loss and it is an emergency
situation, (ibid. 14.

8.

One should not use finely ground salt because it does not draw
out the blood well. But if one has no other salt, he may use it.
One should also not use salt which is very coarse because it
will fall off the meat. Rather he should grind the salt to an
intermediate grade and salt the meat with it. (ibid. 16.

Laws of Blood, Salting, and Eggs

9.

301

Even though we wrote above that initially the salt should

remain on the meat for one hour, if it did not, or if a sick person
who cannot wait needs the meat, it is permitted if one waits at
least 20 minutes, (ibid. 17)

10. If a woman cooked the meat and forget whether the meat was
salted or not, it is forbidden because of a doubt. But if one will
suffer a great loss of money as a result, some opinions permit
it. If she remembers that she did salt the meat but only forgot
whether she salted both sides or just one, the meat is
permitted, (ibid. 19)
11. One may not use any material other than salt to draw out the
blood, (ibid. 22)
12. Even if the piece of meat is very thick, one need only salt the
two sides, and he needn't cut the meat in two. He should
spread the salt over all the meat so there is no place without
salt. Fowl, and hollow pieces of meat must be salted both
inside and out. (ibid., Acharei 1.
13. Bones need to be salted. This salting is effective for the
marrow as well so one needn't break the bones. But for the
head of an animal, one must first cut it in two, take out the
brains from the skull. Then the membrane covering the brain
must be torn open, and then the brains may be salted. One may
salt the bones together with the meat. (ibid. 3,4)
14. Concerning liver, whether from an animal or a bird, since it
contains much blood, it is forbidden to prepare it for cooking
by salting. Rather one must first slice it lengthways and
crossways, and then roast it until it is completely cooked. Then
one may cook it in a pot. I f one roasts it without cooking it
afterwards, it must be at least half-cooked. If one cooked with
liver without roasting it first, one must ask a competent Rabbi
about the whole dish. (ibid. 9,10)

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Chapter Sixty-Six

15. It is permitted to salt many pieces of meat one on top of the

other. It is customary to turn over the pieces which have a
hollow place in them in order that the blood will flow out.
(ibid. 14)
16. One should salt meat only in a perforated vessel or on straw or
woodchips in order for the blood to flow out. The vessel that
one uses for salting should not be used for anything else. This
custom has been accepted by the Jewish community as a
Torah law. (ibid. 16,19) I f one uses a vessel without holes to
salt the meat, one must a competent Rabbi what to do.
17. Meat roasted over a fire does not need to be salted because the
fire draws out the blood. Therefore, in a place where there is
no salt, one should roast the meat and eat it. If salt is
available, it is customary to sprinkle some salt on the meat
before roasting it. (ibid. Kedoshim 1, 4)
18. I f meat has been standinng for three consecutive days without
being salted, its blood has dried up inside and will no longer
come out by salting even if it is first soaked in warm water. I f
one cooks it, the meat is forbidden like all unsalted meat.
But one is permitted to roast the meat and eat it provided he
salted it a litttle before roasting, (ibid. 9) Initially one should
not let meat stand for three days without salting, because he
may forget and salt it anyway. In any case, as soon as he
remembers, he should roast the meat. (ibid. 14) Since liver is
only permitted when roasted, one may let it stand three days.
(Sharei E z r a , Part 1:42)
19. Initially it is forbidden to leave meat in salt for 12 hours, for in
this time all its juices will be drawn out. In the first instance, it
should be rinsed off before this time. However, after the fact,
it is permitted to leave the meat even for 24 hours or more.
If one salted the meat on Erev Shabbat and forgot to rinse it
and didn't remember until Shabbat day, it is forbidden for a
gentile to rinse it. Rather one must leave it until after Shabbat

The Products ot" Impure Animals and the Laws of Worms

303

and then rinse it. This is considered after the fact. (ibid. 16)
20. The eggs of animals that either died by themselves or were not
properly slaughtered are forbidden. One should not sell them
to a gentile because he may in turn sell them to a Jew.
If one made a cooked dish with the eggs of birds which were
either non-kosher, died by themselves, or were improperly
slaughtered, the cooked dish is permitted if the eggs were
cooked while still in their shells. The reason is because the
contents of the forbidden eggs cannot be drawn out through
their shells. However, if the eggs were cooked after being
peeled or there were holes in the shells, the dish is forbidden
and one must ask a competent Rabbi what to do. (ibid. Bedek
Habayit022 6:9) An egg which contains a chick is forbidden even if it is not
peeled and one should ask a competent Rabbi what to do with it. (ibid. 10.

CHAPTER SIXTY-SEVEN
T H E PRODUCTS OF IMPURE ANIMALS AND
T H E LAWS O F WORMS.
1.

Everything which comes out from an impure animal is also

impure. Therefore the milk from a domestic or wild animal
that is impure, or is not properly slaughtered is forbidden just
as its flesh is.
However, if one needs to drink milk from a donkey for a cure,
he should only drink it if he is dangerously ill and has been
ordered to do so by a medical expert. But if other, selfproclaimed doctors tell one to drink this milk, he should not
listen to their advice. (Ben Ish Chai, Emor 1)

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Chapter Sixty-Seven

2.

The urine from domestic or wild animals that are impure or

improperly slaughtered is forbidden just like their flesh.
However there is an opinion which states it is permitted
because it comes from outside the body.
Therefore, even one who is not dangerously ill may rely on this
opinion and drink urine from any animal except for a donkey
whose urine is turbid. This may be done only upon the advice of
an expert doctor who states that there is no other way to cure
his malady, (ibid. 2)

3.

It is forbidden to eat human flesh or skin. Therefore, one

should be careful not to peel off skin with his mouth lest he
swallow some of it. There are some women who have the
custom to swallow the foreskin of male children at the time of
their circumcision as a beneficial agent (segulah) that they
should give birth to sons. This practice is completely forbidden,
(ibid. 5.

4.

It is forbidden to derive benefit from the dead, whether Jewish

or gentile. Therefore, it is forbidden to make 2L segulah for a sick
person by smoking the bones of a dead gentile. Even though
smell is not apart of the object, since it benefits the sick person
as a cure, it is forbidden, (ibid. 6)

5.

Human urine is considered like water which is not drawn out

from the body. From this point of view it is permitted, but
because of the law not to make oneself abominable, it is
forbidden. Yet for a cure, even for one who is only slightly ill, it
is permitted because the prohibition against making oneself
abominable does not apply to the sick. (ibid. 7) The same law
applies to the urine of pure animals, (ibid. 8)

6.

Mother's milk is permitted, even from a gentile. However, if

one needs to find a wet-nurse for his baby, he should try to find
a Jewish woman. This is because the milk of a gentile defiles
the heart and blemishes a Jew's fear of heaven. It also gives
the child a cruel and evil nature even if the gentile woman eats

The Products of Impure Animals and the Laws of Worms

305

kosher food. But if a Jewish woman is not available, one must

use a gentile because of the danger to the baby.
A Jewish woman who is nursing should also be very careful
about what she eats and if it happens that she becomes ill, and
requires a cure prepared from a forbidden food, she should not
nurse at that time. We do not allow even small babies to eat
forbidden food. (ibid. 14)
7.

The Torah warns many times against eating sheratzim

(swarming creatures). According to the law in the Torah, one
who eats a sheretz from the water is punished with four lashes, a
sheretz from the land five times, a sheretz of the air (like a fly) six
times. They defile his soul as it is written, 'and they will be
defiled in them\ (ibid. Naso 1)

8.

Worms found in the seas and rivers are forbidden because they
are consideredsheratzim
of the water. Everyone must be careful
to drink only filtered water, (ibid. 2,3)

9.

All vinegar has very tiny worms in it that one can see if he
holds the jar up to the sun. Filtering alone is not enough. One
must also boil the vinegar and then filter it again. I f one leaves
the vinegar standing, the worms will return. Therefore, in the
winter one must boil the vinegar once a week and in the
summer twice a week. (ibid. 5).

10. There are some fruits and vegetables that worms grow in (for
example figs, dates, apricots, green onions, etc.) and one must
inspect them. Carob, lettuce, ba'adunis, and parsley also need
to be checked. Some plants have very small worms which are
difficult to check like mint (we are accustomed to dry it and
use it after a year).
The Rabbis of Aram-Tzovah (Allepo) forbade grape leaves
acording to the instruction of Rabbi Shmuel Laniado, the
officiating Rabbi of the area, his son the author of The Bet Din
of Shlomo, Rabbi Yehuda Katzin, Rabbi Tzadka Chotzin,
Rabbi Yitzchak Bracha, and others. Checking them for worms

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Chapter Sixty-Seven

does not help and this was also the custom in Bagdad. Rabbi
Shmuel Algazi from Egypt also forbade it.
In every place one should be careful to check fruits and
vegetables for worms according to its customs, (ibid. 8)
Rabbi Matlov Abadi of blessed memory, wrote in his book
Magen Ba'adi, Chapter 18, that in the United States grape
leaves may be boiled in water and then soaked in water and
salt for six complete months. Alternatively, one may leave
them for twelve months before using them.
11. The small worms found in flour are forbidden and one should
be very careful to sift the flour with a fine mesh sifter before
using it. Every time the flour is used it must be sifted again
because the worms return to the flour, (ibid. 12)
^
12. One must be careful of fly eggs and should wash thoroughly
any place where the eggs are found. It is a good idea to cover
anything that might attract insects, (ibid. 20)
13. I f one cooks soup and finds worms in it, he must pour all the
liquid through a fine sieve which would prevent any worm from
passing through.
If one finds three worms in a cooked vegetable, we suspect that
there are also worms that cannot be seen and it should be
thrown out. (Shulchan Aruch 84, Kaf Hachaim ibid.) This applies
specifically to cooked vegetables, but if one found even more
than three worms in a raw vegetable, he should continue to
check very well and he needn't throw it out. (Zivchei Tzedek 70)
14. Canned fruits and vegetables are permitted if the city where
they grew and were canned does not have the reputation of a
place where worms are found in that type of fruit or vegetable.
Since it is impossible to check them now, they are permitted
becuse of a double doubt. They are considered like already
cooked food since the processing plant has cooked them.
If the city where they were grown and canned does have the
reputation of a place where worms are found in that type of

The Products of Impure Animals and the Laws of Worms

307

fruit or vegetable while it is still attached to the ground and we

find worms in some of them, then that type of canned fruit or
vegetable is forbidden until six months from the time when it
was cooked and canned. If one doesn't know the day when they
were canned, one must count from the day he bought them. If
they were canned without being cooked, one must wait twelve
months from the day he bought them or from when they were
picked, if the date is known. Magen Ba'adi, Chapter 18)
15. If ants fell into preserves and twelve months have passed, there
is a doubt whether they are permitted because it is the way of
honey and sugar to preserve that which is concealed within
it. However, it is possible to heat it up until it flows and filter
it. (Shulchan Aruch 84:12, 13)

16. If one found a worm big enough to be seen with the naked eye
in a fruit or a vegetable after a woman has checked it, it is
forbidden to eat any other food which she has checked. But if
one only found the type of worms which go inside the leaves
and can only be seen after they are soaked, it is permitted to
eat from her checking, (ibid. 11) Every woman of good
reputation who is careful in carrying out the commandments
and whose mind is lucid is trusted in her inspection of fruits
and vegetables.
But if she is not careful in carrying out the commandments and
her mind is not lucid, she is not trusted. One who is responsible
will consider well the quality of his wife. (Pri Toar 23) I f one
knows that his wife checks quickly and not with deliberation,
he should not rely on her. (Zivchei Tzedek 101, Kaf Hachaim 121)
17. A sheretz which has been burned to a crisp is permitted to be
eaten for a cure since it is considered like dust. (Shulchan Aruch
ibid. 17). This is specifically when it is burned to ashes that it is
permitted even for one who is not dangerously ill. (Kaf
Hachaim ibid. 166,

167)

18. Many processed foods contain forbidden ingredients, and

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Chapter Sixty-Eight

others contain ingredients that would disgust a person if he

knew their origin. One example is food coloring which is made
from flies and worms (and it is as prohibited as the worms
themselves).
Therefore, one who has fear of heaven should be as sparing as
possible in purchasing food prepared outside of his home.
Rather, he should eat home made foods whose ingredients he
knows. In this way he will be saved from eating forbidden food.
Not only this, but he will also protect his health and not fall ill
to any of the new diseases in the world. The pious, and men of
repute are careful to only eat bread which has been baked in
their own home.

CHAPTER SIXTY-EIGHT
MEAT IN MILK.
1.

One who buys red meat must be aware of two stringent laws of
which he should be very careful: 1) Only buy glatt meat, that is,
meat that is stamped with a kosher seal which indicates that
there are no lesions on the lungs. Rabbi Yosef Caro only
permits one to eat glatt. 2) Do not buy meat from the
hindquarter of the animal if the forbidden veins, sinews, and
fats were not removed by an expert who is righteous and
trustworthy. (So it is written in the Beit Simcha p. 74)
One who eats nevelah (an animal that died by itself) or trefah (an
improperly slaughtered animal), has transgressed a negative
commandment and one who eats chailev (forbidden fat) is
punished by /caret (excision). Thus, if the forbidden veins,
sinews, and fats are not removed properly, one could stumble

Meat in Milk

309

into a prohibition which is even more severe thannevelah022 and

trefah.

Therefore, it is better to buy glatt meat from the forequarter of

the animal. In our days, since women are not expert in the
removal of the forbidden veins, sinews, and fats, if a woman
wants to remove them, we do not rely on her.
2.

It is written three times in the Torah: 'Do not cook a kid in his
mother's milk'. Our Sages learned three prohibitions from
this: 1) Eating meat cooked in milk; 2) Cooking meat in
milk,even if he is cooking for gentiles; 3) Benefitting from
meat cooked in milk. The Torah does not only mean the meat
of a kid (a baby goat), but also includes the meat of all clean
animals. The Torah speaks in the language of the times, and it
was customary then to cook a kid in his mother's milk. This
law also applies to any other milk besides his mother's. (Ben Ish
Chai, Beha'alotcha

1)

If the meat of a clean animal becomes n evelah or trefah, it is still

forbidden to cook it or to benefit from it according to the
Torah. (ibid. 5)
3.

If meat and milk are mixed together by pickling or salting and

not by cooking, it is forbidden to eat it, but one may benefit
from it. Since it is not made by cooking, it is permitted for a
Jew to pickle or salt milk and meat for a gentile, (ibid.) But
roasting and frying come under the category of cooking and
one is forbidden to benefit from it. (ibid. 13)

4.

To what degree must the meat be cooked to have transgressed

the prohibition of benefitting? It does not have to be cooked ben
drusai (one-third). Rather any piece of meat that fell into a pot
of milk on the fire, even if he removed it immediately, is
forbidden both to eat and to benefit from.
The prohibition of cooking does not require the measure of an
olive's-worth
(kazayit), rather even half the measure of an olive is forbidden
by the Torah. Consequently, if one cooked even less that a

Chapter Sixty-Eight

310

kazait

of milk and meat, he has transgressed a Torah

prohibition and needs atonement, (ibid. 2).

5.

A meat in milk mixture, from which one is forbidden to

benefit, must be destroyed, e.g. by throwing it down the toilet.
It is forbidden to give it to a gentile even as gift. If addition,
one may not give it to a dog, even a stray who does not have a
master. Also one may not throw it in the public domain in
order that dogs will not come and benefit from it. (ibid. 3)

6.

One may cook the meat of a wild animal like a deer or a bird
with milk and benefit from it 0 b u t not eat it$. Some authorities
are strict and hold it is forbidden according to the decree of the
Rabbis. Those who are strict not to cook wild meat and milk
will be blessed. But one need not be strict about benefitting
from it after it is already cooked for it is not proper to waste
the money of a Jew.
If it happened that one cooked fowl or the meat of a wild beast
in milk, he should sell it to a gentile. But one should be strict
about cooking because of marit ha-ayin (it might appear to
others that it is permitted to cook domestic meat and milk
together), (ibid.6)

7.

One may not eat the eggs found inside chickens with milk,
even if they are completely formed. They must be salted
separately, (ibid. 16)

8.

One should be careful not to place a vessel containing meat

into a box together with a vessel containing milk lest one spill
into the other. They should both be covered and separated at a
distance from one another. At any rate, if one did place these
two veseels together in a box, after the fact it is permitted,
(ibid. 18)

9.

The udder of an animal must be torn open and all of the milk
must be removed before it is roasted. I f one wants to cook the

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311

meat, tearing it open is not enough for perhaps some of the

milk has remained in the hollow vessels of the meat.
Therefore, he must smack the udder against the wall very well
until no milk remains and then cook the meat on its own. One
may cut it with a meaty knife obefore removing the milk$ since
the meat is cold,, (ibid. Shalach Lecha 1,4)
10. I f one ate meat, even the meat of a wild animal or fowl, he
should not eat milk afterwards until he has waited six hours.
This law applies whether it is winter when food is digested
quickly, or summer.
If there is meat between one's teeth, he must remove it. I f he
removed it two or three hours after eating, he does not need to
count the six hours from that time, only from the time when he
finished eating. He should clean his mouth by eating a little
bread and then rinse it with water. If one has holes in his teeth,
he should clean them immediatedly after eating meat. (ibid. 8)
11. I f one did not eat the meat by itself, but only a cooked dish
made with meat or fowl, he still must wait six hours. Even if he
drank clear beef broth, he must wait. If one chewed the meat in
order for a baby to eat, he also must wait six hours. But if he
only tasted the meat on his tongue or put a piece of meat in his
mouth and immediately removed it, he needn't wait. (ibid. 9)
12. For a sick person, even if he is not dangerously ill, we are
lenient and require him to wait only one hour. But we must
clear the table that he ate upon and he must recite birkat
hamazon because those who must wait six hours also must clear
the table and bless, (ibid. 10,11)
13. I f one cooked a non-meat dish in a pot which was used to cook
meat previously, even within 24 hours, he is permitted to eat
dairy immediately after the cooked dish. He is not even
required to wash his hands or clean his mouth in between. But
if the pot was not washed well before cooking, he must wash
his hands and clean his mouth. This applies when the cooked

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Chapter Sixty-Eight

dish is at least 60 times the amount of meat left in the pot.

(ibid. 12)
14. If one drank milk, he is permitted to eat meat immediately
afterwards. However, he must first clean his mouth well by
chewing and swallowing bread, rinse his mouth with water,
and finally wash his hands with water. Even it he eats with a
fork he must wash his hands with water from a vessel. This is
similar to the law of mayim acharonim (the water used to wash
the fingertips after a meal). In an emergency situation, if there
is no water, he can use other liquids.
If there is no bread with which to clean his mouth, he can use
any fruit with the exception of dates, flour and vegetables,
(ibid. 14.
15. There ar those whose custom is to wait either one hour, three
hours, or six hours after eating cheese. There are some who
have the custom to wait an hour for every month that the
cheese has aged, up to six hours. The custom in Jerusalem is
not to wait at all after eating cheese whether it is new or old.
(ibid. 15)
16. One should not knead his dough with a dairy product unless he
changes the shape of the bread. This is done to prevent one
from inadvertantly eating the bread with meat. If he
transgressed and baked the bread without changing its shape,
it is permitted if it is a small amount which one can eat at one
sitting. But if he baked more than this, all of it is forbidden,
even if he made a change in the bread after it was baked or
divided it amoung many people to eat immediately. This does
not help because the bread has already been declared
forbidden by the Sages.
Bread pudding which does not have the shape of bread (and is
called in Arabic sambusak) and is filled with cheese, though it
looks exactly like a pudding filled with sugar and almonds, is
permitted.
All that is stated above applies to home made bread and

Meat in Milk

313

pudding, but if one makes them for sale, they are forbidden
even if there is a recognizable sign in the bread that it is made
with milk. This is because guests may come who do not know
about the bread and they are liable to eat it with meat.
However, if one can tell by the smell and taste alone that this
bread is made with milk, we are lenient and permit it. (ibid. 17)
17. If one put a meaty spoon in a dairy pot or made other mistakes
in the laws of milk and meat, one should turn to a Rabbinic
authority for instruction. A man should not rely on his own
knowledge in this area because a slight change in the situation
can change the legal decision from prohibited to permitted and
vice versa.
The Rabbi should believe the man or woman asking the
question that the situation is as they have stated and he should
not suspect that perhaps the the woman forgot to tell him
something or did not pay attention to the exact details of the
O C C u r r a n c e . (Ben Ish Chai, Korach

7)

18. I f one cooked fish, eggs and rice, or similar things in a clean
meaty pot, even one that was used to cook meat less than 24
hours before, he is permitted to eat the cooked dish with milk.
This leniency is because it is a case of notain ta'am bar notain
ta'am (the taste of the original meat product is twice removed).
In this case, we follow the opinion of Rabbi Yosef Caro.
However, the Ashkenazim, who follow the opinion of Rabbi
Moshe Isserles, prohibit the eating of this cooked dish with
milk in the first instance. Only after the fact, if one has
already mixed the dish with milk, it is permitted (therefore, if
an Ashkenazi is one's guest he should not feed him this food
which is prohibited to him).
According to our custom as well, based on the decision of
Rabbi Yosef Caro, in the first instance it is forbidden to cook
food in a meaty pot which has been used for cooking meat
within the last 24 hours, with the intention of eating it with
milk. But if it is already cooked, one is permitted to eat it with
milk.

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Chapter Sixty-Eight

If the pot is not been used for more than 24 hours after cooking
meat), it is permitted to cook a dish in a meaty pot with the
intention to eat it with cheese, even in the first instance.
However, those who are strict not to eat it, even in this case
will be blessed. One who is scrupulous in this matter will use a
special pot to cook in. (ibid. 13)
19. The law of notain ta'am bar notain ta'am applies when both the
meat and milk by themselves are permitted. But if one of them
is forbidden (because it is unkosher), then even if taste of the
original forbidden food is many times removed, everything is
forbidden unless there is enough of a measure in the pot to
nullify the prohibited food. (ibid. 16).
20. A dish washer may be used to wash milk and meat dishes
together, if the grease has already been cleaned off them, since
the water does not reach boiling point and the soap spoils the
taste of both (notain ta'am lefgam).
One who wants to be more scrupulous can use the dish washer
on separate occasions for the dairy dishes and the meat dishes.
Alternatively, he can remove the grease from the plates and
delay washing the dishes for a 24 hour period so that the taste
will be spoiled. Those who do so will be blessed.
Those who are even more strict use two machines and they too
will be blessed, but according to the letter of the law, it is not
required. (Magen Ba'adi 19)
If the water in the machine reaches
boiling-point, it is considered like a kit rishon (a vessel which is
placed directly on the fire) and one should not wash meat and
milk dishes together in it.

21. It is forbidden to cut bread with a meaty knife if the bread will
be eaten with cheese. In an emergency situation, for example
if one is travelling and has no other knife, he should stab the
knife in hard ground and thereby kosher it.
Those who are scrupulous in this area will have three different

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Meat in Milk

knives for each person: one for meat, one for cheese, and a
special knife for bread. This is a good practice. (ChesedLe-alfim,
Yoreh De'ah 89:4) Also one should be careful to buy different
shaped vessels or meat and milk so he won't mix them up.

22.

If one person is eating dairy and another meat, they should not
eat at the same table lest one take some food from his friend.
But if there is a recognizable sign to separate them, like each
one eating on his own tablecloth or an unusual object is placed
between them, it is permitted. (Shulchan Aruch

23.

89:2)

Though it is not mandatory according to the law, it is a good

practice to be strict and have two washing-up bowls, one for
dairy and one for meat. If not, one should be careful not to mix
up the milk and meat dishes in the bowl. Certainly he should
not soak them together in boiling water.

24. In big kitchens, it is a common practice to smoke food and this

has generated many questions in Jewish law. One should turn
to reliable and competent Rabbis for a thorough investigation
regarding these questions.

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Chapter Sixty-Nine

Chapter 69
T H E TESTIMONY O F ONE WITNESS
CONCERNING TORAH PROHIBITIONS
In my book, Dinei Mamonot, part I , section 11,1 wrote some ofthe
laws of testimony regarding Torah prohibitions, since theselaws
are very common. I will copy some of them here, leaving thesources
to be found there.
1

zq " an rely upon a single witness regarding Torah prohibitions, even if he has transgressed once. However, aperson who
intentionally and consistently violates any Torahprohibition,
one who practices idolatry, or one who regularlyviolates the
Sabbath in public is considered in the same categoryas an
apostate, and is regarded for these purposes as a non-Jew.
(Dinei Mamonot I , section 11, chapter 9, B )

2.

The law regarding a piece of food which is not known to

bedefinitely kosher or not, such as a piece of fat which might
beeither permissible fat or a prohibited kind, is that a
singlewitness is sufficient to testify that the fat is permissible.
Obviously, he is believed if he says that it prohibited fat. This
is not trivial, even though without his testimony the piecewould
still be prohibited because its kashrut is in doubt. Thisis
because without his testimony, it would have been possible
torender the piece permissible through safek sfeka, but once
hehas testified to its being prohibited this is impossible,
(ibid, 3)

3.

A food which is known to be kosher cannot become

prohibitedbased on the testimony of a single witness, except in
a casewhere that same witness was able to make that food
prohibitedhimself. For example, if a person tells his friend
that thefriend's wine has been made into nesech wine, he is
believedonly if there was some way for the teller to have made

ft

The Testimony of One Witness

317

the wine nesech, himself. Even if at the time that he says

histestimony he is unable to cause the prohibition, for
example, because the food has already been returned to its
owner, he canstill be believed that the wine was made unkosher
if he told theowner so immediately upon meeting him, because
at that time hehad been able to do it. (ibid 4)
4.

A single witness who testifies regarding the kind of

matterwhich we can believe him about is still not believed if
twowitnesses come along after and deny his testimony. Even
thoughthe single witness could have claimed that he made the
food notkosher himslef, in which case the two witnesses could
notcontradict him, his testimonly is still disqualified in the
casewhere he did not so claim. However, for the single
witnesshimself that food remains prohibited because he made
itprohibited for himself, (ibid 9)

5.

Two brothers have the status of a single witness

regardingTorah prohibitions, and a single witness is reliable
fortestimony on Torah prohibitions, even if he is a relative of
theperson who stands to lose from his testimony, which
woulddisqualify him from saying testimony on monetary
matters, (ibid 10, 13)

6.

A person who has a personal interest in a way which

woulddisqualify him from testifying regarding monetary
matters isstill reliable for testifying regarding Torah
prohibitions andeven to rule regarding these matters, because
we don't suspecthim of personal interest regarding
prohibitions. However, if aperson accepts payment to say
testimony or to rule, his rulingand testimony is void, unless it
is clear that he is only paidfor the loss of his time or that he is
employed by the communityto rule regarding Torah law and
has no other occupation, (ibid 14)

7.

A Torah scholar is allowed to rule for himself regarding

allTorah prohibitions for these are matters between him and

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Chapter Sixty-Nine

the Al-mighty and he is believed regarding these matters more

than ahundred witnesses; so was the common practice among
all rabbis inprevious generations. Similarly, he is allowed to
rule forothers, though he rules on his own, since the ruling does
notregard monetary matters per se. Rather, he only rules
whethergoods are permitted or prohibited. However, it is
alwayspreferable to include other Torah scholars in the
process ofruling so that the responsibility will be shared by all
of them. The allowance for Torah scholars ruling for
themselves does notapply to matters regarding vows which
can never be nullified bythe person who took the vow himself,
and also one can never ruleregarding blemishes in one's own
firstborn animal, (ibid 15)
8.

An enemy can testify regarding prohibitions, however if it

isclear that he is saying false testimony out of hatred he must
notbe believed, (ibid 16)

9.

There is a dispute among the poskim over whether one witnessis

reliable for testifying regarding an item which has
beenestablished to be forbidden. Therefore, a single witness is
notbelieved regarding Torah prohibitions, whereas one can
rely onthe more lenient opinion regarding rabbinic
prohibitions. Moreover, if the witness is known to be a
trustworthy person anda Torah scholar, we can undoubtedly
rely on his testimonyregarding rabbinic prohibitions, even if
that item has beenestablished as prohibited, (ibid 18)

10. If there are two pieces of food in front of us, one permittedand
one prohibited, we can rely on a single witness to say whichis
which. Even though it has been established that one of
thesepieces is definitely prohibited, it has not been
establishedwhich one of the two is the prohibited one. (ibid 20)
11. I f a person testifies in another's name and upon questioning,
the other denies it, then the latter is believed and not the
onewho spoke in his name. For example, if one says that some

Testimony Regarding Torah Prohibitions

319

fruit has had maaser taken from it, based on his havingtold
another person to do it, and then upon being asked, theother
person says that he did not do it, the fruit is notconsidered
acceptable, (ibid 21)

!evel

C H A P T E R 70
TESTIMONY REGARDING TORAH
PROHIBITIONS BY A PERSON SUSPECTED
OFTRANSGRESSING
1.

A person who is suspected of eating forbidden foods, regardless

of whether the foods are prohibited by rabbinic orTorah law,
cannot be relied upon to sell food. I f one is hostedin his house,
one must not eat any of the foods which this personis suspected
of eating against the law. (Dinei Mamonot ibid, chapter 10, A)

2.

When, for our purpose, does a person become suspect

oftransgressing? If a person has once been seen in a situation
inwhich it is most likely that he has actually transgressed
orknowingly eaten forbidden food and wasn't forced to do so,
or ifthe court is aware of a rumor regarding such an incident,
then heis considered so suspect. However, if there was clear
testimonyabout his having transgressed, he is not only a
suspect but israther an actual transgressor, and he is
considered unfit to be awitness. A person can also be
considered suspect oftransgressing if he belongs to a group of
people which Chazalconsider to have transgressed a Torah
prohibition. For example, regarding maaser, all fruit sold by
ignoramuses was considered demai, namely, that it wasn't
tithed properly.
The rule is that deeming a person suspect of transgressing-

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Chapter Seventy

depends on the judge's weighing each case according to his

bestjudgement. Nowadays, when there are many divisions in
our peopleand each group denies credence to the others, one
must be verycareful to examine rumors carefully. Also, even a
person who hastransgressed out of a lack of self-control is
considered suspectby these standards, (ibid 2)
3.

One may not sit down to a meal at the same table as a

personsuspect of eating forbidden foods, even if the food
seems to bekosher, such as tithed fruit, out of a concern that
the suspectedperson might give one forbidden food, (ibid 3)

4.

Some say that one may not buy any food which could
bemistakenly unkosher, such as wine or cheese, from any
stranger, even though he is not suspect of transgressing. Such
items canonly be bought from a person who is known to be
Gd-fearing. Others argue that one may buy from unknown,
non-suspect people. In our times, when religious standards
have deteriorated, onemust follow the stricter opinion, (ibid 4)

5.

I f a person is trustworthy but his wife isn't, one can takefood

from him but not eat in his house. If his wife istrustworthy and
he isn't, one can eat in his house but not takefood from him.
(ibid 6)

6.

Regarding a person who is not suspected of eating

prohibitedfood but is suspected of selling it, one may eat in his
house butnot buy food from him. It is also permitted to accept
a gift offood which such a person sends to one's house, as it is
taken forgranted that he will send the kind of food which he
himself wouldeat. Obviously, a person who is suspected of
eating prohibitedfood is also suspected of selling it. (ibid 7)

7.

One is not permitted to buy food from a person who

issuspected of selling prohibited foods and is not suspected
ofeating them, even if, while he buys the food, the buyer gives
theseller some of the food to taste. This is because we assume

Testimony Regarding Torah Prohibitions

321

thatthe seller will eat the prohibited food out of a fear that
thebuyer will not buy the food from him otherwise. However,
if thebuyer sees the seller eating that food on his own, it is
thenpermitted to buy it from him. (ibid 8)
8.

It is permissible to give food to a person suspected of

eatingforbidden foods, in order for him to prepare it for a meal
orcook it, and we are not concerned that he might exchange it
forforbidden food, because he is not suspected of stealing.
That isonly when the food is prepared in the dishes of the giver,
butnot when it is prepared in the dishes of the person so
suspect. However, if a person suspected of eating forbidden
foods offersto prepare food for someone, one must not give it
to him. Thisis because should the food which was given to him
be spoiled inthe preparation, he might then replace it with his
own food. Forexample, if a person has mother-in-law who is
suspected of eatingforbidden food and he gives her food to
prepare, since she willwant to help her daughter she will most
likely switch any badfood for good food. Therefore this is not
allowed. Similarly, if a person gives food to an innkeeper to
prepare, and theinnkeeper is suspect of eating forbidden food,
he will face asimilar problem. Since the innkeeper would be
embarrassed toreturn bad food, she could switch it for better
food of her own. The same law applies to any giving of food to
a relative orfriend who wishes your benefit. However, it is
permitted to givefood to neighbors to prepare for you, because
they do not lookout for your benefit, (ibid 9)

9.

A person suspected of eating foods which people are notusually

lenient about is also suspected of exchanging food. Therefore,
food must not be given to such a person to keep normay it be
sent through him, unless it is properly sealed. Incases where
there is a Torah prohibition regarding that food adouble seal is
necessary, and where the prohibition involved isonly a
rabbinic one, a single seal suffices. For more on thesubject, see
below in the laws of seals, (ibid 10)

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Chapter Seventy

10. One cannot trust a person to testify regarding the kashrut

ofcheese that person has bought if he is suspected of eating
cheeseproduced by non-Jews. If he mentions whom he bought
it from, though, he is believed. Also, if such a person brings a
giftsent by an expert cheese dealer, then he is trusted, because
heis not suspected of exchanging food. This only applies to
aperson who is not suspected of stealing, but a person who
issuspected of stealing is obviously suspected of exchanging,
(ibidll) The reason is that as long as the messenger who is
bringingthe present is afraid of the truth being discovered, we
can trusthim, but if he is not afraid to be proven a liar, then he
can notbe believed, (ibid 12) The kind ofcheese dealer whose
name isenough to make the messenger's delivery acceptable is
only onewho is known to ba an expert. If he is not commonly
known as anexpert, then there is reason to suspect that the
messenger isonly calling him an expert on his own say-so.
(ibid 13)
11. A person suspected of a severe transgression is alsosuspected
of transgressions which are less severe in theirpunishment,
and even if he says his testimony with an oath wedon't trust
him. This applies unless the transgression which isless severe
is considered by common people to be more severe thanthe
serious transgression, because that main factor is not theactual
severity of the transgression, but rather how severe itseems in
the eyes of most people. This is because sometransgressions
might be severe, but are not known to be so amongmost
people. If, however, people normally consider bothtransgressions to be equal, then the determining factor is theseverity
of the punishment, so that a more severe punishment
willdetermine the transgression to be more severe, (ibid
15, 31)
12. A person suspected of transgressing any given prohibition
isalso suspected oftransgressing prohibitions which are equal
inhis eyes and in the eyes of other people. It is only more
severetransgressions which he is not suspected of. Also, what

Testimony Regarding Torah Prohibitions

323

we saidabove about a person who is suspected of more

severetransgression also being suspected of less severe ones
onlyapplies when both prohibitions are of the same kind, for
example, when they are both prohibited foods, but if they are
twodifferent kinds of prohibitions, for example, the
prohibitions ofshatnez and of taking oaths, then a person
would not be suspectedeven of a less severe transgression.
However, the prohibitionsof promiscuity and of forbidden
foods are considered to be onefor this purpose, because they
both involve physical pleasure. Likewise, all prohibitions
which bring physical pleasure areconsidered to be of one kind,
(ibid 16, 17)
13. A person who had once been suspected of two separateprohibitions who repented and was no longer suspected of
either of them, and who then becomes again suspect of one of
them issuspected of having relapsed in both and is therefore
suspectedof both, even if the one which is inferred is the more
severe ofthe two prohibitions. This applies even when the
prohibitionsare of two separate kinds, such as forbidden foods
and oaths, andeven if one prohibition is of rabbinic origin and
the other is ofTorah origin, (ibid 18)
14. A person who rejects rabbinic authority has the same statusas
idolaters or those who violates the Sabbath in public, whichis
that of a non-Jew. Therefore, he cannot be trusted regarding
Torah prohibitions. The same rule applies to those who
openlysay that they do not accept rabbinic authority when it
doesn tmake sense to them, except in those matters which they
do accept. This applies all the more regarding Reform Jews,
who change theprocedure of the forms of prayer and the
nature of the synagogueand who publicly and intentionally
transgress most Torahprohibitions, including violating the
Sabbath, (ibid 24)
15. A person who accepts upon himself not to eat a certain
foodbecause he believes that such is the halacha or because he

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Chapter Seventy

isaccepting a stringency on himself, is allowed to eat

togetherwith others who permit themselves that food, because
it isunderstood that they will not serve him a food which he
considersprohibited. That is only when they know that he has
acceptedthat stringency on himself and they disagree with his
reasoning, but if they consider him to be altogether wrong,
then he may noteat with them, (ibid 27)
16. I f a person has accepted upon himself not to eat a certainfood,
based on his family's tradition or the tradition of
hiscountrymen, then others who do eat that food are not
allowed toserve it to that person even if it is clearly visible. But
if aperson avoids eating that food because he holds that this is
thehalacha, then if he eats in the house of a person who is
lenientabout that food, his host is permitted to serve it to him if
itis obvious that it is being served, because as long as
heconsiders the food to be forbidden he won't eat it. But if
theforbidden food is not clearly visible, it is forbidden to
serveit to him in any way, shape or form, (ibid 29)
17. If a person who avoids eating a certain food because
hebelieves this to be the requirement of the halacha, eats in
thehouse of a person who is lenient in that prohibition, then he
isnot allowed to cook in his host's dishes even if they were
notused in the last twenty-four hours. But bedi'avad, if the
hostwho is more lenient cooked in his own dishes for this
person andfor others together, then the guest is permitted to
eat from it. I f a person avoids eating a certain food because of
familytradition or the tradition of the rabbis of his country,
then heis allowed to use the dishes of a person who is more
lenient aslong as they were not used for cooking in the last
twenty-fourhours. He is also allowed to cook in dishes which
he knowsnothing about because normally dishes were not used
for the lasttwenty-four hours. But if the owner of the dishes is
available, he must be asked whether or not the dishes were
used in the lasttwenty-four hours, (ibid 30)

Laws Regarding The Testimony of a Woman or a Minor

325

CHAPTER SEVENTY-ONE
LAWS REGARDING T H E TESTIMONY O F
A WOMAN OR A MINOR IN MATTERS O F
FORBIDDEN FOODS.
1.

Just as a single witness is believed in matters of forbidden

foods, where the status of the food in question has not been
established as permitted or as forbidden (as explained in the
previous chapter), so too a woman is believed. (Dinei Mammanot,
vol. 1 section 11, chap. 11 para. 1)

2.

Similarly, a woman is believed when she claims that she has

rectified some matter which was forbidden, even if it was
forbidden by Torah-law 0 a s opposed to Rabbinical decree$.
This applies whether the object belonged to her or not, as long
as it was within her power to rectify what was forbidden.
However, all this is only if the matter was clearly forbidden,
such as produce from which the tithes had not been separated,
and the woman claims that she knows how to separate tithes,
and that she did so. But if there is doubt as to whether the
matter is forbidden at all, for example regarding the
clarification of whether a certain type of fish is permisssable
to eat or not, or in the case of a forbidden food where there are
reasons to be lenient, or in a matter involving effort, a woman
is not believed, (ibid 2).

3.

In our days, women are not considered trustworthy to remove

the forbidden veins and sinews, since they are not knowledgable
in this area. Also this matter involves a lot of effort, and
requires great expertise in the law.
I asked an expert who has been preparing meat in this way for
thirty years, if one would give him a small piece of meat from
which the forbidden veins and sinews had not been removed, if
he would know what parts need to be removed from the piece.
He answered in the negative, and that only in a large piece is it

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Chapter Seventy-One

possible to destinguish the sections. How much more so is this

true of women. Thus, one who relies on a woman in this matter
is liable to stumble in a matter involving excision of the soul,
(ibid. 3)
4.

Any woman who is properly G-d fearing, and is careful in

observing the commandments, and is in control of her
faculties, is trusted regarding the checking of fruits and beans
for worms. One may eat the food she has checked.
However, a woman who is not careful in observing the
commandments, or is not in control of her faculties, is not
trusted in these matters. Every man should be aware of the
status of his wife in these matters. A woman who checks
hastily is not to be relied on (ibid. 4).
If the woman checked the food, and afterwards a worm was
found, see chap. 67.

5.

It is permissable to send a woman to a Rav to ask a question

regarding matters of forbidden foods. She may be relied upon
to relate the decision of the Rav. (ibid. 8)

6.

The testimony of a minor is not regarded as trustworthy in

matters of forbidden foods that are not in his power to rectify,
even if the object has not been established as forbidden.
Similarly, his testimony may not be relied upon to allow or
disallow either of two pieces of meat, one of which is forbidden
and the other of which is permitted.
Nevertheless, in the case of a minor who is sharp-witted and
knowledgable in a matter where other evidence supports his
claim, one may accept his evidence to take the strict view and
disallow an object (ibid chap 12, para. 1).

7.

In a matter of forbidden foods that are in the power of a minor

to rectify, even in a matter which has been established by
Torah-law as forbidden, there are opinions that the minor is
considered trustworthy to anull the established status of an
object, whether it is allowed or whether it is forbidden.

Laws Regarding The Testimony of a Woman or a Minor

327

Other opinions state that a minor is not considered reliable to

annul the established status of a forbidden object, even if the
object is forbidden only by Rabbinical law.
Yet other opinions disallow the testimony of a minor regarding
an object forbidden by Torah-law, but do allow the testimony
of a minor regarding an object forbidden by Rabbinical law.
(ibid. 2)
8.

In the case of an object which has not been established as

forbidden, and even if it would be established as forbidden, it
would be forbidden by rabbinical decree only, the testimony of
a minor is accepted.
However, if the object has been established as forbidden by
Rabbinical decree, there are opinions which state that the
testimony of a minor is not valid. Other opinions accept his
testimony, (ibid. 3).

9.

In matters where an object has not been established as

forbidden, but there is a fear that the object might be
exchanged for another by a gentile, or that the gentile might
touch it, and therefore the object must be guarded, a minor
may be used and relied on as a guard.
A minor who is extremely sharp-witted may be relied upon as a
guard even if he is only six years of age. I f he is not so
sharp-witted he may be relied upon as a guard only when he is
seven or eight or nine or ten, each child according to his
cleverness and sharp-wittedness (ibid. 4).

10. A minor may not be relied on to immerse vessels in a mikveh. It

is proper to publicize this law, for many people err in it and
send minors to immerse vessels, (ibid. 5).
11. It is permissable to send sharp-witted minors to buy meat and
wine, since they are not likely to err and buy what is forbidden
instead of what is allowed. This rule applies specifically where
the seller from which they buy is not suspected of deceiving
them. (ibid. 6).

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12. It is permissable to send slaughtered fowl, or meat, or cooked

foods with a child of six or seven years of age, who is
accompanied by a gentile. A child of this age knows how to
guard what is in his hands, and he will shout and cry if anyone
attempts to take it from him, and he won't let go, or he will
inform his mother if someone took it from him.
Therefore, we do not pay attention to his age, and we may rely
upon him as regards maintaining the original status of the
object which he was guarding. This ruling is the same as that
which applies in the case of a minor guarding Taharos. (ibid. 9)
13. Regarding a matter of rabbinical decree, the testimony of an
adult concerning what he witnessed as a child is valid. This
rule applies even when an object has the established status of
being forbidden. However, regarding a matter in Torah law,
the testimony of such a witness is not valid, even if the object in
question does not have the established status of being
forbidden, (ibid. 13)
14. It is not proper to send minors to a Rabbi with questions
regarding forbidden foods, since the minor's testimony is
invalid. However, if the minor is sharp-witted, and would also
be afraid of being revealed as a liar, his testimony is accepted.
If any of these conditions is missing, the minor is not believed
even regarding matters of rabbinical decree, for example, if
the minor was sent from a village to a city. For in this case the
minor would not fear being revealed as a liar, since he knows
that no-one will check up on him.
A child who is ra ma'alalim is not considered trustworthy,
(ibid. 14)

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329

CHAPTER SEVENTY-TWO
T H E TESTIMONY OF A G E N T I L E
REGARDING FORBIDDEN FOODS.
T H E LAWS REGARDING SEALS.
1.

The testimony of a gentile is absolutely invalid, whether in

matters of Torah law, or in matters of rabbinical decree. This
rule applies whether the testimony would be relied on to
forbid, or whether the testimony would be relied on to permit
the object. His words are disregarded completely. (Dinei
Mammonot, ibid. cha. 13, para. 1)

2.

I f the gentile's intention was not to testify in a matter, but he

was innocently telling what he saw, he is not believed in any
matter of Torah law, even if the object had not yet been
established as forbidden.
This rule applies whether the testimony would would be relied
on to give a lenient interpretation of the law, or whether it
would be relied on to give a strict interpretation of the law. The
only exception to this rule is the case of a woman whose
husband was travelling overseas and a gentile innocently
relates that he saw the man's death. In this case he can be
relied upon. (ibid. 2)

3.

If a gentile innocently told what he saw in a matter regarding a

rabbinical decree, there are opinions that his testimony is
considered valid. Other opinions state that his testimony is
considered invalid. Yet other opinions make a distinction
between an object that has the established status of being
forbiddenin which case his testimony is invalid, and an
object that has the established status of being permitted in
which case his testimony is valid.
All of the above opinions are only regarding an interpretation
of the law where the evidence of the gentile would result in a
lenient decision (permitting the object). However, regarding

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an interpretation of the law where the evidence of the gentile

would result in a strict decision (forbidding the object), there
are opinions that his testimony is invalid. Other opinions
disagree and state that in this case too, the gentile is
considered trustworthy.
In the event that there are facts which support the gentile's
testimony, there are those who tend to a strict opinion and
others who tend to a lenient opinion.
4.

In the event that there are supporting facts and clear proof of
the gentile's testimony, which was innocently delivered, one
may rely on his words in a matter of rabbinical decree.
Therefore, eating utensils which are in the posession of a
gentile, and he innocently states that they are new and unsued,
and it is apparent that his words are true, one may buy them
from him. But in general, a gentile who innocently claims that
certain utenils are kosher may not be believed, (ibid. 4)

5.

Woolen garments that have been bought from a gentile must

be checked well for linen (flax) threads. Even if the gentile
innocently claims that the garment has been sewn with cotton,
he is not believed.
In those places where the price of linen thread is more
expensive than cotton thread, one may rely on the gentile to
permit the garment. This is only after one has already bought
the garment, but not beforehand. Other opinions disagree
with this leniency and forbid the wearing of the garment ountil
checked$ (ibid. 7).
A gentile is believed where his testimony will forbid the use of
an object in his posession by a Jew. This rule applies even in a
case of something forbidden only by rabbinical decree, (ibid.
6)

6.

A gentile fruit-seller who claims that the fruit is orlah i.e. fruit
grown in the first three years of a tree's planting, or that they
are nata reva'i i.e the fruit of the fourth year, is not believed
0 a n d the fruit is permitted$.

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331

Even though we stated above that the testimony of a gentile is

believed to forbid anything in his posession, in this case he is
not believed, since his intention was only to improve the status
of his product. He is not believed even if he states from whom
he bought the fruit. Nevertheless, there are opinions which are
strict 0 a n d forbid the fruitS. (ibid. 13)
7.

Any object which may be forbidden by Torah law, such as

wine, or meat, or a piece offish which has no signs of kashrut,
may be deposited with, or delivered by a gentile only if it is
sealed with two seals (see para. 9). Even after the fact, one
may not rely on a single seal (ibid. 15).
Any object which may be forbidden by rabbinical law, may be
deposited with, or delivered by a gentile even if it is sealed with
only one seal. (ibid. 16)

8.

Even where an object is sealed with two seals, and is delivered

by a gentile, it is proper to inform the recipient what the seals
looks like, so that he can check that they have not been forged.
This is particularly true in our times, (ibid. 18)
If a gentile delivers an object, even sealed with two seals, but
we do not know who sealed them, it is forbidden, (ibid. 16)

9.

What is a 'seal within a seal' (i.e. the two seals mentioned

above)? If one sealed the lid of a barrel which fit loosely with
clay, this is a single seal. I f the lid fit tightly and in addition
one plastered over edge of the lid with clay, this is a seal within
a seal.
How then should one make a seal within a seal? The mouth of
the vessel should be closed with a tight-fitting lid that is
difficult to remove. Then the lid should be plastered over with
clay. This is 0 a seal within a sealS specifically when the clay
has dried a for wet clay may easily be removed and replastered, (ibid 19).
Thus, it is apparrent that the stoppers used today, which are
made from wood or cork (or metal), and which cannot be
removed without a metal opener, constitute a single seal.

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When they are afterwards plastered with red sealer (or sealed
with a special wrapper) as is the custom today, this is a seal
within a seal, even without letters on the outer seal.
All letters printed on seals are a means of ensuring that the
seal is considered a seal within a seal, for all opinions agree
that this fulfills the necessary conditions. However, there is
disagreement among the later commentators whether a
tightly fitting lid constitutes a single seal (where a single seal
is all that is required). There are those that maintain that a
tight-fitting lid is not sufficient, and the lid should also be
plastered over with clay. Others maintain that a tight-fitting
lid is sufficient.
In practice, it is proper to follow the strict opinion in the first
instance, (ibid. 20)
Many other specific rules regarding seals have been listed in
the work Dinei Mammanot. But since these laws essentially
concern Rabbis, and have been printed there, there is no
necessity to copy them here. AH the sources of these laws are
also to be found there.
10. Vessels which have been immersed for purification by gentiles,
are considered immersed. However, a gentile is not believed
regarding immersion othus, he must be accompanied by a
Jew$.
In the first instance, it is improper that a gentile should
immerse the vessels on one's behalf, for how can one recite the
blessing over immersion done by a gentile? However, it is
permissible for a Jew to immerse the vessels, and a for gentile
to help him, even in the first instance, (ibid. 55).
11. One should be careful not to leave food utensils in the house of
a gentile, lest he use them.
Even if one gives the vessels to a gentile craftsman to repair
them, one should make a sign on them to ensure that the
gentile will not use them. This rule applies specifically if they
are left in the home of a gentile, but vessels that have been left
in the shop or workplace of a gentile, even for two or three

Testimony of a Gentile Regarding Forbidden Foods

333

days, need not be forbidden, even though one should not do this
in the first place without making a sign on them. This is true
only if the vessels are found in same shop or workplace to
which they were originally brought, (ibid. 46)
If the vessels were given to a gentile without being marked,
they must be kashered by immersion in boiling water, (ibid. 47).
In these matters it is proper to make inquiries of one who is
expert in them.
12. One should take care not to leave vessels alone with a gentile,
even in the house of a Jew where gentile servants work, lest
they use them for forbidden foods. However, if a Jew is always
at home, and enters and exits constantly, it is permissible to do
so, even in the first instance, (ibid. 58).
13. A person is permitted to eat meat or other products that he was
transporting ofrom one state or country to another$, which
were interred in a gentile customs-house for two or three days
until he could release them. This rule applies even if they were
not sealed, but the person recognizes them easily, (ibid. 62).
14. If a gentile was left alone in a room where wine is stored, even
on our property, i.e. in the house or store of a Jew, even for a
short while, it is forbidden to derive any benefit from the wine.
However, it is permissible to leave wine unattended for a short
while in the presence of a gentile who is not an idolworshipper, for example Arabs. The period of time odecreed
by the sages$ is 18 minutes, or even a little more.
This rule applies even in a town where most of the citizens are
gentile. However, for a long period of time this is forbidden.
Similarly, one may not deposit wine in the home of a gentile,
even if he does not worship idols. If one transgressed and
deposited wine with such a gentile, it is forbidden to drink it
0 b u t one may sell it to a gentileS (ibid. 65)
15. When one has a gentile man or maid servant, one must take
care not to leave the bottle of kiddush wine for Friday night on

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Chapter Seventy-Two

the table, since at times the gentile will drink the wine from the
bottle if there is no Jew in the room (ibid. 70). Thus it is proper
to keep the wine in a separate cupboard which is locked with
keys that the gentile servants cannot find, or else the wine
should be sealed with two seals. Alternatively, the wine should
be boiled as explained above in the laws relating to non-Jewish
wine (chap. 65). Additional laws on this subject will be found in
Dinei Mammonot ibid.
16. The testimony of a person who converts to Judaism is invalid if
he witnessed an event relating to forbidden foods when he was
a gentile, since at the time he was a gentile, and a gentile is not
believed in these matters, (ibid. 79)
17. If a person is ill, and there is a fear of danger to his health if he
will not eat on Yom Kippur, and a non-Jewish doctor advises
that the person might become dangerously ill, he must be fed
on the doctor's advice.
It is unnecessary to say that this is also true if the doctor
maintains that there is a fear that the person will die. Even if
the patient claims that he does not need to eat, we listen to the
doctor, (ibid. 81)
18. If a non-Jewish doctor maintains that the person must eat, and
a Jewish doctor maintains that he need not, the person must be
fed. (ibid. 82).
19. The Sabbath-laws must be laid aside in treating any Mines
which gentile doctors maintain is dangerous, (ibid. 82).
20. A gentile who innocently relates to a woman that her husband
has died is believed. There are many detailed laws concerning
this matter, but this is not the appropriate place for them. But
the general rule is that one who hears details from a gentile
concerning the death of a Jew, should approach the Bet-Din (or
other official rabbinical organization) immeadiately, and
should deliver the information exactly as he heard it, since in

Testimony of a Gentile Regarding Forbidden Foods

335

many instances this can save a woman from the chains oilggun
(the status of a woman whose husband's whereabouts are
unknown), (ibid. 83)
In all of the above matters we have written only the most
minimal details of the laws found in the legal commentaries,
since the aim of this work is to abridge the laws and to alert
people to commonly found laws. Thus if any problem should
arise, a person should not decide the law for himself, but
should turn to a Rabbi who is expert in the details of the law,
and he will instruct him concerning his obligations, and will
help him to overcome any doubts in these matters, according
to the instruction he recieves from Heaven.