Moroccan Halacha and Leshem Yichud: Difference between pages

From Halachipedia
(Difference between pages)
m (→‎Shulchan Aruch: נהגו העם)
 
 
Line 1: Line 1:
Among Sephardic Jews, those who hail from North Africa maintain various customs and approaches to Halacha that differ from those of the Edot HaMizrach. Moroccans in particular have a rich heritage of Torah scholarship, traditions, and rabbinic leadership that consists of a genre in and of itself.
[[Image:Leshem.jpg|right|250px]]
==History==
Many have the custom to recite a short prayer known as [[Leshem Yichud]] before every Mitzvah, prayer, and Torah learning.
===Toshavim and Megorashim===
==Practice to Recite It==
The Jewish community of Morocco traces back to the early Rishonim to the time of the [[Rif]], when Torah flourished, and potentially well before then, as well. However, the community was decimated by the Almohad Caliphate, along with the rest of the North African community. Centuries later, many of those expelled from Spain in 1492, known as "Megorashim," mainly from the Kingdom of Castile, arrived in the North African Crescent and settled primarily in Fez and started a new chapter in the history of Moroccan Jewry.<Ref>This entire section is based on Magen Avot (Orach Chaim, Mevo LeMinhagei HaMa'arav, pp. 41-48) by Rav Mordechai Lebhar</ref>
# Some say that it is not obligatory, and, in fact, the Noda BeYehudah took serious issue with reciting Leshem Yichud.<ref>Noda BeYehuda, Mahadura Kamma Yoreh Deah 93 and Mahadura Tinyana Orach Chaim 107 in an attack on Chassidim. Magen Avot (Orach Chaim 1 fn. 1 at the end) cites Rav Yosef Meshash (Mayim Chaim 1:61) who opposed it in his community of Meknes.</ref> Nevertheless, one who can focus more intently on what he is doing by reciting Leshem Yichud prior to the action or prayer should do so.<ref>Yalkut Yosef Kitzur Shulchan Aruch 5:7. See Yechaveh Daat 3:48 and 6:29, and Emek Yehoshua 3:20 cited in Magen Avot (Lebhar, Orach Chaim 1 fn. 1 at the end). [http://halachayomit.co.il/he/QuestionDetails.aspx?ID=1678 Rav Ovadia Yosef's practice] was not to recite the Lshem Yichud as it isn't an obligation and only said it before the [[Sefirat Haomer]].</ref>


The Megorashim attempted to reestablish themselves along the same lines of Minhagim practiced in Castile, but conflict arose between the Megorashim and the natives, known as the "Toshavim," who were not interested in following the customs of the Megorashim. The main initial issue was regarding the lenient view of the Megorashim on how to check the lungs of an animal after [[Shechitah]], to which the Toshavim were opposed based on their own preexisting custom. Nevertheless, eventually, the Megorashim outnumbered the natives and the customs of the Megorashim were adopted in all but one synagogue, Siddurim of the Megorashim were printed, and rabbinic families of Megorashim made a deep impact on the people as they took the leadership. Thus, the Castillian customs spread throughout Morocco, and many of their enactments and rulings are still in practice today, such as the text of the [[Ketubah]] and reciting a Beracha on [[Hallel]] on [[Rosh Chodesh]].
==Reciting Hashem's Name==
# One should be careful not to pronounce or even spell out the Shem Havaya in the text of the Leshem Yichud.<ref>Yalkut Yosef Kitzur Shulchan Aruch 5:8. Yabia Omer (vol. 9 Orach Chaim 12) writes that one should not recite the letters Yud Hey Vav Hey as Tosfot and many other poskim write that it is forbidden. Nonetheless, one can recite Yud Key Vav Key since Key is a mispronunciation of the letter Hey. He adds that it is better to recite Yud Ey Hey Vav Ey Hey. Orchot Maran v. 1 2:2 writes that Rav Ovadia Yosef himself would say Yud Key Vav Key. Kaf Hachaim 5:9 and Piskei Teshuvot 5:4 agree.</ref> See [[Not_Enunciating_Hashem%27s_Name_as_It_Is_Written]] and [[Not_Saying_Hashem%27s_Name_in_Vain#Changing_the_Pronunciation_of_Hashem.27s_Name]] for more details.


The customs of the Megorashim spread throughout the environs of Fez, including Meknes, Tangier, Tetouan, Sale, and Rabat, but the communities that were more to the south and in the Atlas Mountains did not fully take on those customs. Therefore, there are differences until today between the customs of those communities. The influence of Chachmei Catsile spread throughout North Africa, Israel, Turkey, and Greece and other countries, as well, which accounts for commonalities in Minhagim between those places and Morocco.<ref>For example, reciting a Beracha on Hallel on Rosh Chodesh, on Hadlakat Nerot Shabbat after lighting, and Baruch Hu uVaruch Shemo in middle of a beracha that one wants to fulfill an obligation with.</ref>
==Purpose==
# One of the purposes in reciting Lshem Yichud is to focus one's intent on the mitzvah at hand. This is part of the general obligation to do mitzvot intentionally. See the [[Having Kavana for Mitzvot]] page for more details.
==Specific Cases of Lshem Yichud==
# In the Leshem Yichud for the Sefirat Haomer it is proper not to recite the words לקיים מצות עשה since halachically we hold that it is only rabbinic.<ref>Or Letzion 3:16:2 writes that one shouldn't recite it but if one wants one can.</ref>


Along with their customs, the Megorashim brought their fidelity to the [[Rosh]] with them to Morocco, which, thereby, greatly influenced Moroccan traditions. Although the [[Rambam]]'s views were also noticeably present, they were not accepted to the same extent as the Rosh's.
==Further Reading==
 
# [https://www.torahbase.org/%D7%90%D7%9E%D7%99%D7%A8%D7%AA-%D7%9C%D7%A9%D7%9D-%D7%99%D7%99%D7%97%D7%95%D7%93-%D7%AA%D7%A9%D7%A2%D7%96/ אמירת לשם ייחוד, הרב אשר וייס]
===Shulchan Aruch===
==Sources==
Moroccan Chachamim immediately accepted [[Shulchan Aruch]] as the primary authority when it reached their communities. Some even claimed that they already followed the method of following the majority of the [[Rif]], [[Rambam]], and [[Rosh]].<ref>As is already evident from Rav Yosef Karo's own presentation of his decision to rely on those three in his introduction "that the entire Jewish Nation relies on their rulings." Plus the Rosh was exceedingly popular in Morocco, while the Rambam was in Spain. See Nahagu Ha'Am pg 11, "Klalei Trei Migo Telat" for further dicussion.</ref> Nevertheless, since the Castillian traditions were already sewn deeply in Moroccan tradition, the rulings of Shulchan Aruch were not accepted when they contradicted the Castillian traditions in places that were following those traditions. This is in accordance with the explicit intention of Rav Yosef Karo himself in the introduction to Beit Yosef.
<references/>
 
[[Category:Prayer]]
===Nusach HaTefillah===
The Jews of Morocco primarily prayed using siddurim from Livorno that were greatly influenced by the [[Chida]].
 
==Klalim==
# When [[Shulchan Aruch]] does not reveal his opinion, Moroccans follow the [[Rama]] even against many other Poskim.
# Chachmei Morocco agree that only what's written in Shulchan Aruch proper and Beit Yosef is accepted, not the Teshuvot, and Kim Li is not relevant here. Rav Yosef Karo's rulings are accepted as a function of his books' acceptance, not acceptance of him as a Posek. Some add that even the Bedek HaBayit was not accepted.<ref>Nahagu HaAm, Klalei HaPesikah 10</ref>
# If there's a contradiction between Shulchan Aruch and Beit Yosef, the Shulchan Aruch is followed.<ref>Nahagu Ha'aml, Klalei HaPesikah 15</ref>
# The accepted opinion in a "Yesh veYesh" is like the final one in both [[Shulchan Aruch]] and [[Rama]]. Some say that if the Rama paskens like the first Yesh of Shulchan Aruch, the Halacha follows the Rama.<Ref>Nahagu HaAm, Klalei HaPesikah 7</ref>
# "Yesh Omrim... veYesh Cholkim": some say follow the first opinion, while others follow the second.
# "Stam vaYesh": Halacha is like the Stam even if Shulchan Aruch or the Rama<ref>Nahagu Ha'Am, Klalei HaPesikah 9</ref> writes to follow the Yesh.
# If all three Amudei Horaah disagree with Shulchan Aruch, they are followed instead of Shulchan Aruch.
# The custom is to employ Sfek Sefeikah against Shulchan Aruch.<ref>Nahagu Ha'aml, Klalei HaPesikah 14</ref>
# One cannot be more lenient than Shulchn Aruch in matters of Ervah. Some argue one cannot even be lenient ''like'' Shulchan Aruch in these matters.<ref>Nahagu Ha'aml, Klalei HaPesikah 4</ref>
# One cannot claim "Kim Li" against Shulchan Aruch.
# The view of Shulchan Aruch has not been accepted where it is unclear.
 
==See Also==
* Magen Avot website, [http://www.moroccanhalacha.com/ MoroccanHalacha.com]
* [https://jewishlink.news/features/22517-three-secrets-of-moroccan-psak-halacha Three Secrets of Moroccan Psak Halacha] and [https://jewishlink.news/features/22385-navigating-the-wide-world-of-moroccan-jewish-minhagim-and-halacha Navigating the Wide World of Moroccan Jewish Minhagim and Halacha] by Rabbi Haim Jachter
* [https://www.youtube.com/user/darkeabotenou Darké Abotenou on YouTube]
== Sources==
{{Reflist}}
[[Category: Klalim]]

Revision as of 21:15, 2 July 2020

Leshem.jpg

Many have the custom to recite a short prayer known as Leshem Yichud before every Mitzvah, prayer, and Torah learning.

Practice to Recite It

  1. Some say that it is not obligatory, and, in fact, the Noda BeYehudah took serious issue with reciting Leshem Yichud.[1] Nevertheless, one who can focus more intently on what he is doing by reciting Leshem Yichud prior to the action or prayer should do so.[2]

Reciting Hashem's Name

  1. One should be careful not to pronounce or even spell out the Shem Havaya in the text of the Leshem Yichud.[3] See Not_Enunciating_Hashem's_Name_as_It_Is_Written and Not_Saying_Hashem's_Name_in_Vain#Changing_the_Pronunciation_of_Hashem.27s_Name for more details.

Purpose

  1. One of the purposes in reciting Lshem Yichud is to focus one's intent on the mitzvah at hand. This is part of the general obligation to do mitzvot intentionally. See the Having Kavana for Mitzvot page for more details.

Specific Cases of Lshem Yichud

  1. In the Leshem Yichud for the Sefirat Haomer it is proper not to recite the words לקיים מצות עשה since halachically we hold that it is only rabbinic.[4]

Further Reading

  1. אמירת לשם ייחוד, הרב אשר וייס

Sources

  1. ↑ Noda BeYehuda, Mahadura Kamma Yoreh Deah 93 and Mahadura Tinyana Orach Chaim 107 in an attack on Chassidim. Magen Avot (Orach Chaim 1 fn. 1 at the end) cites Rav Yosef Meshash (Mayim Chaim 1:61) who opposed it in his community of Meknes.
  2. ↑ Yalkut Yosef Kitzur Shulchan Aruch 5:7. See Yechaveh Daat 3:48 and 6:29, and Emek Yehoshua 3:20 cited in Magen Avot (Lebhar, Orach Chaim 1 fn. 1 at the end). Rav Ovadia Yosef's practice was not to recite the Lshem Yichud as it isn't an obligation and only said it before the Sefirat Haomer.
  3. ↑ Yalkut Yosef Kitzur Shulchan Aruch 5:8. Yabia Omer (vol. 9 Orach Chaim 12) writes that one should not recite the letters Yud Hey Vav Hey as Tosfot and many other poskim write that it is forbidden. Nonetheless, one can recite Yud Key Vav Key since Key is a mispronunciation of the letter Hey. He adds that it is better to recite Yud Ey Hey Vav Ey Hey. Orchot Maran v. 1 2:2 writes that Rav Ovadia Yosef himself would say Yud Key Vav Key. Kaf Hachaim 5:9 and Piskei Teshuvot 5:4 agree.
  4. ↑ Or Letzion 3:16:2 writes that one shouldn't recite it but if one wants one can.
Retrieved from "http://localhost:80/index.php?title=Moroccan_Halacha&oldid=26379"