Returning Lost Objects and Netilat Yadayim upon Waking Up: Difference between pages

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The Torah commands us to return lost objects and prevent a loss to our fellow Jew. <ref>Sefer Hachinuch Mitzva 538, Rambam Sefer Hamitzvot Mitzvot Aseh Mitzva 204, Sefer Mitzvot Hakatzar of the Chofetz Chaim of mitzvot that can be fulfilled today mitzva 69 in positive mitzvot. see the second perek of Masechet Bava Metzia and Rambam Hilchot Gezela chapters 11 and onward. </ref> In general, if there’s an identifying mark of the lost object then there’s an obligation to return the object of our fellow Jew by safeguarding it, publicizing the loss of the object, and making sure that the rightful owner receives his object. Being that many of these cases involve intricate details that aren’t addressed below, in a real case, one should consult a competent rabbinic authority for guidance.  
[[Image:Netilat Yadayim.jpg|right|200px]]
Chazal established that upon waking up a person should wash his hands in the morning prior to davening Shacharit to clean his hands before praying, purify them of any hint of death that comes from sleeping, and prepare himself for holiness the way the Kohanim did in the Beit HaMikdash. The details of when and how it should be done are described below:
==Torah Obligation==
==Reasons for Washing One's Hands==
===Returning Lost Objects===
# One reason for netilat yadayim in the morning is that overnight one's hands certainly got dirty from touching one's body.<ref>Rosh Brachot 9:23</ref>
# When a person finds a lost object and ignores it, one violates the negative commandment, "Do not overlook a lost object.<ref>Devarim 22:1, Rambam Gezela Va'aveda 11:1, Nimukei Yosef Baba Metzia 16a "Aseh", Halachos of Other People's Money pg. 141</ref> and also loses the positive commandment, "Pick up and return lost objects."  <ref>Devarim 22:3, Devarim 22:1, Rambam Gezela Va'aveda 11:1, Nimukei Yosef Baba Metzia 16a "Aseh"<br> The Nimukei Yosef also cites the opinion fo the Ramban that one is only in violation of the aseh to return if he picked up the object.
# Another reason for netilat yadayim in the morning is to remove the negative spirits on our hands after having been recreated each day.<ref>Rashba teshuva 1:191 writes that the reason for netilat yadayim in the morning isn't just because of the davening otherwise one should recite a bracha for netilat yadayim prior to mincha and arvit. Rather the reason is because a person is recreated each day and the the bracha was established like brachot hashachar. It represents preparing ourselves for kedusha just like the kohanim would wash their hands from the Kiyor in the Bet Hamikdash before doing avoda.</ref>
The Taz 259:1 holds that if one does not pick up a lost object one has lost both the positive and negative commandment of [[Hashavat Aveidah]] and Lo Tuchal Lehitalem. However, the Sma 259:1 holds that there’s only a violation of Lo Tuchal Lehitalem for overlooking a lost object. </ref> If one picks up the object in order to steal it one also violates three commands altogether, overlooking the object, not picking it up, and stealing it.<ref>S”A 259:1 writes clearly if one picks up the object to steal it, there’s a violation of both the positive and negative command as well as Lo Tigzol </ref>
# A third reason for netilat yadayim in the morning is to remove the negative spirits upon himself, which is a result of the element of death that descends upon a person when he sleeps.<ref>Zohar Beresheet 184b cited by Bet Yosef 4:8</ref>
# There's an obligation to return the lost object of a Jew once one sees it within a distance of 266.67 [[amot]]. <ref>Shulchan Aruch 259:! Brings the negative commandment not to pick up a fellow Jew's lost object. Shulchan Aruch C"M 272:5 rules that there's a mitzvah of [[carrying]] and picking up a fellow's animal and its burden up to a distance of 266 and 2/3 [[amot]]. The Bach C"M 259 writes that since [[carrying]] a fellow's burden and picking up his lost object are learned from one another there's an obligation to pick up a lost object if one sees it up to an distance of 266.67 [[amot]]. </ref>
==Procedure for Washing One's Hands==
===Preventing Loss to Others===
# One should wash with a cup or some sort of vessel.<ref>Shulchan Aruch Orach Chaim 4:7, Kitzur Shulchan Aruch 2:4, Mishna Brurah 4:15, Kitzur Shulchan Aruch of Rav Mordechai Eliyahu 2:1. The Hagahot Mordechai Brachot 192, Ran Chullin 37b s.v. mipnei, Bet Yosef 4:7 based on Rosh, and Darkei Moshe 4:1 all write that a vessel isn't necessary for Netilat Yadayim in the morning. However, the Rashba teshuva 1:191 writes that a vessel is necessary.</ref> If there is no cup available, according to Ashkenazim, if one is in an extenuating circumstance and wants to pray, one may wash without a cup with a bracha. According to Sephardim, if one washes without a cup, such as if one washes directly from the faucet, one should not recite a bracha.<ref>Rama 4:7, Mishna Brurah 4:16, and Kitzur Shulchan Aruch 2:6 hold that if there's no utensil available one can wash without it and recite a bracha. This is either based on the Ran Chullin 37b or the Rashba 1:191 according to the Dareki Moshe Haaruch. However, the Kiseh Eliyahu 4:3 and Tzemach Tzedek Lubavitch O.C. 1:1 argue with the Rama that the Rashba would hold that a vessel is critical and without it one can't recite a bracha. This is indeed implied by the Rashba 1:190 and 1:595 that the language of Al Netinat Yadayim implies that a vessel is necessary. Aruch Hashulchan 4:10, Rav Mordechai Eliyahu (comments on Kitzur Shulchan Aruch 2:9), Or LeTzion 2:1:5, Halacha Brurah 4:12, and Yalkut Yosef 4:1 agree that if one can't use a vessel one should wash without a bracha.</ref>
#One should wash up to one's wrists. If there is not enough water available, it is sufficient to wash up to one's major knuckles (where one's fingers connect to the hand).<ref>Mishna Brurah 4:9 writes that one should wash up to one's wrists and if there happens not to be enough water, it is sufficient to wash up to one's knuckles. Kitzur Shulchan Aruch O.C. 2:3 agrees. Ben Ish Chai (Parashat Toldot #2) writes that one must wash until one's wrists except on [[Yom Kippur]] and [[Tisha BeAv]] when one may only wash up to one's knuckles. </ref>
#One should wash one's right hand first, then one's left hand, and repeat this process two more times so that one washes each hand three times, while alternating hands in the process. Some say one should wash each hand four times.<ref>Mishna Brurah 4:9 cites the Gra that one should wash four times to remove the ruach raah water remaining on one's hands after washing three times.</ref>
#Before pouring the water, the filled vessel should be picked up with the right hand and passed to the left hand.<ref>Shulchan Aruch O.C. 4:10, Ben Ish Hai, Toledot, Halacha 1; Kaf HaChaim 4:12 </ref>
#Even a lefty should begin by washing his right hand first.<ref>Kaf HaChaim 4:35, Artzot HaChaim 4:10, Halacha Brurah 4:22, Mishna Brurah 4:22 explains that the lefty should also follow the practice of a righty since it is reflective of how the middah of Chesed should increase.</ref>
# The water must enter in between the fingers, at least a little bit, otherwise it does not fulfill the requirement.<ref> Halichot Olam, Volume 1, Page 324. Hacham Ovadia Yosef writes that the beracha is considered levatala in a case where water does not enter in between fingers even slightly. </ref>
# One who is obligated in netilat yadayim may receive assistance from one who is not obligated in netilat yadayim and still fulfill the obligation.<ref> Yalkut Yosef, page 48. Shulchan Aruch O.C. 159:13 says that even a monkey can help one fulfill the obligation of netilat yadayim. </ref>
#One may not derive benefit from the water that one washed one's hands with.<ref>Shulchan Aruch O.C. 4:9, Kitzur Shulchan Aruch 2:4. See Biur Halacha 338:8 s.v. assur how it is still considered usable. Rav Ben Tzion Abba Shaul (Or Letzion 2:1:6) argues that nowadays we usually pour more than a reviit each time, so there is no ruach raah and one may recite berachot and learn Torah by the water.</ref>
#One should wash one's hands with a bracha in the middle even if one only slept after Chatzot.<ref>Ben Ish Chai (Shana Rishona, Toldot no. 16)</ref>
# As a rabbinic mitzvah one should intention for the mitzvah of netilat yadayim when washing one's hands.<ref>Pri Megadim M"Z 4:15 writes that according to those who hold that there's no need for intention for rabbinic mitzvot then netilat yadayim doesn't need intention. According to those who hold that there is a need generally, potentially netilat yadayim shouldn't require intention since it is similar to tevilah which doesn't require intention (according to most, see Shulchan Aruch YD 198:48). However, the Pri Megadim distinguishes and says that only for optional mitzvot such as tevilah and shechita don't require kavana but netilat yadayim in the morning is an obligatory mitzvah and as such requires kavana. (This distinction of the Pri Megadim is highlighted by the Ramban Chullin 31b s.v. vha who says that mitzvot tzerichot kavana is for any obligatory mitzvah but not for a matir.) Yet, the Veyashev Hayam 1:2 (Rav Yakov Moshe Hillel) argues that it doesn't require kavana since it is less severe than tevilah and even tevilah doesn't require intention. This is relevant to the practice of the Chaye Adam (cited by Biur Halacha 4:1) to wash twice, once before going to the bathroom and once afterwards.</ref>


#The Mitzvah to return someone’s object includes a command to prevent or minimize someone’s loss. <ref>Halachos of Others People’s Money by Rav Bodner, pg. 142 based on S”A 259:9</ref>
==Netilat Yadayim in the Bathroom==
#For example, Rav Moshe Feinstein writes that helping another Jew contest zoning issues that are hurting the value of their property.<ref>Shu"t Igrot Moshe CM 2:22, cited by Halachos of Others People’s Money pg. 142</ref>
#If one sees water causing damage to another person's property, he is obligated to prevent further loss.<ref>Shulchan Aruch 259:9, Halachos of Others People’s Money pg. 142</ref> However, if the owner is aware of what is happening and chooses not to address it, you would not be obligated to minimize his loss.<ref>Halachos of Others People’s Money pg. 142</ref>


==Who is Obligated?==
#One shouldn't wash Netilat Yadayim in a bathroom unless there is no other option such as on an airplane.<ref>Yabia Omer OC 3:1, [Rabbi Mansour www.dailyhalacha.com/m/halacha.aspx?id=2517], Mayan Omer v. 1 p. 25. Yabia Omer 4:5 permits netilat yadayim in a bathroom in the case of sha'at hadhak. </ref>
#Men and women alike are obligated in the mitzva of Hashavat Aveda.<ref>Sefer Hachinuch Mitzva 538 based on Gemara Kiddushin 34a, Halachos of Other People's Money pg. 138</ref>
# One may do netilat yadayim in a room which has a bath and no toilet.<ref> Yabia Omer 7:27 explains that this is because these rooms are generally kept clean and used for storing items. </ref>


===If it’s not Befitting to Return a Lost Object===
==When Should One Wash One's Hands?==
# For a respected or elderly individual, if it’s not befitting to pick up and return a lost object then one is exempt from the mitzvah and doesn’t have to pick up the object. <ref>S”A C”M 263:1 based on Mishna Baba Metzia 29b and Gemara 30a, Aruch Hashulchan 263:1, Halachos of Other People's Money pg. 157. see there note 69 where he quotes Shulchan Aruch Harav CM Hilchot Metzia Seif 36 that even it isn't specifically an exemption for a talmid chacham but includes someone distinguished for other reasons such as wealth, family or any other reason. He adds though that this exemption would not exist for someone who only feels distinguished because of an inflated ego. </ref> If he can wait there without compromising his dignity until someone else comes to pick it up and return it, he must do so.<ref>Halachos of Other People's Money pg. 157-158</ref>
{{Template:When Should One Wash One's Hands in the Morning}}
#The general rule is that if the individual would not have picked his own item in such a situation, then he is exempt. <ref>S”A C”M 263:1 based Rava's comment on Baba Metzia 30b, Halachos of Other People's Money pg. 158</ref> However, had one picked up one’s own item because it’s not worth the trouble (and not because it’s beneath one’s dignity), one is still obligated in the mitzvah. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 158), S”A HaRav (Hilchot Metziah #37) </ref>
#In a place where such an individual would not be embarrassed, one is obligated in the mitzvah. <ref>S”A C”M 263:2 </ref>
#Even if one is exempt it’s proper and good to go beyond the letter of the law and return the object. <ref>S”A C”M 263:3 </ref> However, some argue that a Talmid Chacham may not go beyond the letter of the law at the expense of the kavod for his Torah.<ref>Rama 263:3 argues on Shulchan Aruch and says that one may not return the item if it is beneath his dignity. Instead, if he wants to be strict he can pay out of his own pocket. Aruch Hashulchan 263:4 explains that the Rama's comment is only regarding a talmid chacham, whose dignity stems from the Torah he has acquired. People who are distinguished for other reasons, may be strict and go beyond the letter of the law to return an object. </ref>
#A woman is obligated in [[Hashavat Aviedah]] however if it’s not befitting to pick up such an object then one is exempt. <ref>Yalkut Yosef (Kitzur S”A C”M 259,271 #4) </ref>


==Being Compensated==
==What Is Permissible before Washing Hands?==
# One may not charge for returning a lost object to its owner, even if returning it takes times and effort.<ref> Rosh Baba Metzia 2:28, Tosafot Baba Metzia 31b s.v. "Im", Tur and Shulchan Aruch C.M. 265:1, Halachos of Other People's Money pg. 181 </ref> However, if the owner understands that he doesn't have to pay but offers compensation as a token of appreciation, the finder may accept it.<ref> Halachos of Other People's Money pg. 182, Shu"T Teshuvot Vehanhagot 3:463 </ref>
# The finder is not required to lose money in order to return another person's item.<ref>Halachos of Other People's Money pg. 182</ref> This includes foregoing saving his own item<ref>The Mishna on Baba Metzia 33a states that his own lost item takes precedence over someone else's. This is codified by Shulchan Aruch C.M. 264:1. However, see Halachos of Other People's Money pg. 182 (based on Shulchan Aruch Harav Hilchot Metzia 33 that if the other person's item is worth more than his, and he feels certain that his friend will reimburse him for the loss he would incur in order to save that item, he is not permitted to save his own at the expense of his friend's.</ref>, incurring expenses of his own<ref>Halachos of Other People's Money pg. 183 based on Sma 264:1. However, he adds (based on SA Harav Hilchot Metzia 33) that if the finder feels certain that he will be reimbursed by the loser, he should spend the money.</ref>, losing wages<ref>Halachos of Other People's Money pg. 183, Shulchan Aruch Harav Hilchot Metzia 33. see there note i-j where he adds based on Rav Moshe Feinstein that even if he will not lose any salary but his employer objects to his taking the time, he is exempt from the mitzva during work hours. If he can pick it up and return it after work hours, he must do so.</ref>, losing potential profit.<ref>Halachos of Other People's Money pg. 182. see however pg. 184-185 where he quotes the Shulchan Aruch Choshen Mishpat 264:1 who advises, based on Baba Metzia 31a, that one should not refrain from the mitzva because of potential loss of profits, except in cases where a loss is almost certain because otherwise one will always be able to claim exemption because of potential loss of profit. </ref>


==Where was it Found?==
#It is permissible to say [[Modeh Ani]] before washing hands.<ref>Eliya Zuta 1:2, Mishna Brurah 1:8, Kitzur Shulchan Aruch 1:2, Shulchan Aruch HaRav 1:5 </ref>
# If one would attempt to return an item that was placed there intentionally, one could be hurting the owner rather than helping. If it is an item that has no simanim, then he won't be able to retrieve it, and even if it has simanim, it could be he wanted it there and now will have to chase you to get it back.<ref>Shulchan Aruch 260:9, Halachos of Others People’s Money pg. 144</ref> Therefore, if an item seems to have fallen, it is obviously a lost item. On the other hand, it if seems to have been placed or hidden, it might not be considered lost.<ref>Halachos of Others People’s Money by Rav Bodner, pg. 144</ref> Therefore, this would depend on where it is found. see the following halachot:
#It is not permissible to learn Torah out load or to verbalize it before washing one's hands,<ref>Mishna Brurah 1:8, Shulchan Aruch HaRav 1:5, Yalkut Yosef 4:27 </ref> yet just thinking in Torah is allowed.<ref>Piskei Teshuvot 4:32. This is also implied by Shulchan Aruch HaRav 1:5.</ref> However, if one is going to miss the chance to make a bracha or answer amen one should just rub his hands against someone to clean them and say the bracha or answer amen. If one slept in pajamas it is unnecessary to even rub them in order to clean them.<ref>Yalkut Yosef 4:27. A similar idea is found in Eliyah Rabba 227:6, Mishna Brurah 227:10.</ref>
#If the object was found in a safe protected place, it can be assumed that the item was placed there by its owner and so the object is not considered lost and should not be touched.<ref>Rama 260:10 based on Baba Metzia 25b, Halachos of Others People’s Money pg. 145</ref> If one by accident picked it up, one should return it right away, but if one has left the area one may not return it but rather one must return the object. <ref>Rama and S”A C”M 260:9-10, Halachos of Others People’s Money pg. 145</ref> For example, if one found a key under a mat or a book on top of a public telephone booth, one shouldn’t pick up the object. <ref>Halachos of Others People’s Money pg. 146</ref>
#One should wash one's hands before walking four [[amot]].<ref>Mishna Brurah 1:1, Kitzur Shulchan Aruch 2:1. See also Piskei Teshuvot 1:7 who writes that the minhag is that one should wash one's hands even before putting one's feet on the ground. </ref> However some are lenient in this regard.<ref>BeYitzchak Yikrah 1:2 comments that the tradition from the Gra that the Ruach Rah on hands was nullified with the death of Rabbi Avraham the Ger applies only to laws of the Zohar and not the Talmud Bavli and since this law is sourced in the Zohar, there is reason to be lenient. [http://www.hebrewbooks.org/pdfpager.aspx?req=1525&st=&pgnum=5&hilite= Rabbi Yitzchak Abadi (Or Yitzchak 1:1)] writes that Rav Aharon Kotler wasn't careful about washing within 4 amot of waking up and goes on to defend such a position.</ref>
#If an item is found in a unsafe place, the item is considered a lost object, even if it was clearly placed their intentionally.<ref>Halachos of Others People’s Money pg. 146 based on Rama 260:10</ref> For example, a book on a public bus station bench. <ref>Halachos of Others People’s Money pg. 146</ref>
#If the water is further than 4 [[Amot]] away some say that it is better to walk less than 4 [[amot]] at a time, while others say it is better to go there quickly if it is still in the same house.<ref>Mishna Brurah 1:2 </ref>
#If an item is found in a semi-safe place, if the item has a siman then the item is considered a lost object. An example is a sweater draped over a park railing in a remote area of the park. <ref>Rama C”M 260:10, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 147-8) </ref>
##If a person sleeps in a bunkbed it is permissible to wash within 4 amot of the bed even if one will walk more than 4 amot going down the ladder and to the washing station.<ref>Chelkat Yakov OC 1:1</ref>
#If the object is found in a place where it is irretrievable, such as if someone fell into the ocean, it’s assumed that the owner forfeited ownership and it is permissible to take and keep it. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 154-5) </ref>
#It is permitted to get dressed prior to washing one’s hands.<ref>Yalkut Yosef (vol 1 pg 7), Sh”t Yabia Omer 5:1, Sh”t Otzrot Yosef 1:1 </ref>
#It is preferable to be strict and not to walk more than 4 [[amot]] prior to [[Netilat Yadayim]].<ref>The Tolat Yacov (Seder [[Netilat Yadayim]]) quotes the Zohar saying that it is forbidden to walk 4 [[amot]] prior to washing [[Netilat Yadayim]]. (1) The Bach (beginning of 4) writes that S”A did not quote the Zohar because many people would not be able to fulfill the law. Sh”t Shevut Yaakov 3:1 defends the minhag by saying that either the entire law of the Zohar is not applicable since the Talmud Balvi argues on it, or that the entire house is considered within 4 [[amot]]. The Eliyah Rabba 1:4 argues on the Shevut Yaakov but defends the minhag by saying that perhaps the law does not apply nowadays. The Lechem Mishneh (Shevitat Esor 3:12) and Yam Shel Shlomo (Chullin 31)agree. (2) On the other hand the [[Chida]] (Birkei Yosef 1:1) writes that it is a serious Halacha, most people are strict about, therefore if the water is far away one should walk less than 4 [[amot]] at a time to get the water.  So writes the Shalmei Tzibbur 18c, Chesed LeAlaphim 4:12, Ruach Chaim 4:1, and Petach Dvir 4:1. However, the Shaarei Teshuva 1:2 and Siddur Bet Ovad 6:3 argue that if the water is far away one should rush to get to the water as soon as one can. (3) In conclusion, Sh”t Otzrot Yosef 1:2 writes in the name of Rav Ovadyah Yosef that in cases of need, one may rely on the lenient opinions especially if one went to sleep after [[Chatzot]]. So too, Mishna Brurah 1:2 writes that one may rely on the Shevut Yaakov (that a house is like 4 [[amot]]) in cases of great need. Rav Mordechai Lebhar (Magen Avot, Orach Chaim 4:18) writes that many are lenient to assume that the whole house is like one's four amot, but scrupulous individuals are careful about this.</ref>
#One should not touch any foods before washing one's hands. If one did unintentionally, the food should be washed three times. If this is impossible, one should preferably refrain from eating it. If necessary though, one can eat it without washing it, because according to the letter of the law, the food is permitted.<ref>Mishna Brurah 4:14, Yalkut Yosef 4:35, Yabia Omer OC 4:1, Otzrot Yosef 1:10, Or LeTzion 2:1:4.
* Bet Yosef 4:5 clarifies that according to Rashi and Tur there's no issue with someone who didn't wash netilat yadayim to touch food and that's his opinion in Shulchan Aruch 4:5. However, the Bach 4:2, Taz 4:4, and Biur Hagra 4:4 argue with the Bet Yosef's understanding and say that someone who didn't wash netilat yadyaim should be very careful not to touch food.
* Chaye Adam 2:2 writes that one posek who was strict on food even after the fact. The Chaye Adam distinguishes between beer and other food and only beer is forbidden after the fact. However, Yabia Omer OC 4:1 cites the Tosefet Maaseh Rav n. 25 who quotes a story of the Gra where he said that they should throw out an apple that was touched before Netilat Yadayim after sleeping. This story indicates that there's no distinction between beer and other foods.</ref>
#One can touch food by the use of a cloth intervening between one's hand and the food.<ref>Chaye Adam 2:2 cited by Yabia Omer 4:1</ref>
#A person shouldn't touch sefarim before washing his hands.<ref>Yalkut Yosef 4:33</ref>
#A person should not touch one's mouth, nose, ears, or eyes before washing hands in the morning.<ref>Shulchan Aruch 4:3. Halacha Brurah 4:23 says we're machmir not to even touch these areas even just the skin on the outside.</ref> If possible one shouldn't even touch one's eyelids before washing Netilat Yadayim.<ref>Mishna Brurah 4:12 writes that if possible one shouldn't even touch one's eyelids before washing Netilat Yadayim. The Chida in [http://www.hebrewbooks.org/pdfpager.aspx?req=7733&st=&pgnum=4 Shiurei Bracha 4:3] writes that although the Yavetz was lenient about touching the eyelids he is incorrect. The Sefer Chasidim 155 implies that it is an issue.</ref>


===Cannot be Retrieved===
==When Does One Need to Wash Hands?==
#If the item falls into a place where it will not under normal circumstances be recovered (such as lost in the ocean), it becomes hefker. Someone who finds it would be allowed to keep it.<ref>Baba Metzia 22a, Shulchan Aruch 259:7, Halachos of Other People's Money pg. 154</ref> This is true even if the owner announces that he is not relinquishing ownership.<ref>Rosh Baba Metzia 2:2, Shulchan Aruch 259:7, Halachos of Other People's Money pg. 154 </ref> Nevertheless, the good and right thing to do would be to return it.<ref>Rama 259:7, Halachos of Other People's Money pg. 155 </ref>


===In an Institution===
#Before [[Shacharit]] or [[Mincha]] (specifically the [[Shmoneh Esrei]]) one should wash hands if there was a long interruption from the time of the original washing upon rising.<ref>Shulchan Aruch 92:5 writes that if there was an interruption between the washing upon rising in the morning and praying, one should wash one's hands if water is available. This is brought down in Yalkut Yosef (Tefilah pg 330). </ref>  If water is not available one does not need to wash one's hands, but only to rub them against something hard.<ref>Mishna Brurah 92:26 writes that since one cannot find water for Stam hands (they are in doubt as to their cleanliness) one does not need to wash them, but should rub them against that which cleanses them. </ref>
# It is appropriate for the administration of a public establishment (such as in a dormitory or the like) to put up a sign or make an announcement notifying its constituents that objects that are left there until a certain date may be disposed of.<ref>Yalkut Yosef (Kitzur S”A C”M 259,271 #28). see similarly in Halachos of Other People's Money pg. 185 in the name of Rav Moshe Feinstein (Igros Moshe C.M. 2:45:2), Minchat Yitzchak 8:146, and Shu"t Shevet Halevi 9:308 </ref> The notice should be displayed prominently.<Ref> Halachos of Other People's Money pg. 186</ref>
#If one touched an unclean part of the body or went to the bathroom, one must search and find water to wash one's hands without a bracha for [[Shmoneh Esrei]].<ref>Mishna Brurah 92:27 writes that this applies only if one has Stam hands(they are in doubt as to their cleanliness). Shulchan Aruch is lenient and states one does not have to search for water if it is not around, however if there is a certain impurity such as if one touched an unclean area or went to the bathroom, one certainly must wash hands. Kaf Hachayim 4:86 writes that if one is in the middle of the [[Shmoneh Esrei]] and one realizes one touched something that would obligate one to wash, one should just wipe one's hands on "midi diminakei" such as one's clothes, wood, or stone. </ref>
===In a Shul===
#However, in order to say [[Brachot]], [[Kriyat Shema]], or learn Torah one does not need to wash one's hands.<ref>Mishna Brurah 92:25 writes that implied in the Shulchan Aruch is, that not only does [[Shmoneh Esrei]] require clean hands, but for [[learning Torah]], [[Kriyat Shema]] or [[Brachot]] Stam hands (they are in doubt, they are not certainly clean or unclean) are sufficient. However, Mishna Brurah also quotes the Pri Megadim 4, who writes that [[Kriyat Shema]] does need washed hands. </ref>
#If someone finds a lost object in a shul or the social hall of the shul and it doesn't have a siman, he may keep it.<ref>Magen Avraham 154:23 quoting the Aguda on Meilah, Mishna Brurah 154:59</ref>
#If one slept in a bed during the day, one should wash [[Netilat Yadayim]] without a bracha.<ref>Halacha Brurah 4:47 </ref>


==What Items Must be Returned==
==Someone Who Stayed up All Night==
===Worth a Perutah===
# There isn't a mitzvah to return an object worth less than a Perutah. <ref>Shulchan Aruch 259:2 and 262:1 based on Gemara Baba Metzia 27a, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 149. see note 33 there that if the item is worth more than that to the one who lost, Rav Moshe Feinstein holds that the item must be returned </ref> Therefore, one who finds such an item may leave it or keep it.<ref>Halachos of Other People's Money pg. 149</ref>
# For the purpose of this halacha, in America, one can consider the perutah to be a quarter, as it is the lowest denomination coin that is useable for buying something.<ref>Halachos of Other People's Money pg. 149-150 writes that in America in the year when the sefer was published in 5763 (2003) a dime could hardly purchase anything and certainly pennies and nickels cannot, so a quarter would be the minimum required to return</ref>


===Forfeiture===
#If one slept less than 30 minutes <ref>Kitzur Shulchan Aruch 2:8, Or Letzion 2:1:7, Dinei Nieyor Kol HaLaylah (pg 42) in name of Rav Chaim Kanievsky</ref> or slept in a temporary fashion (putting one’s head on a table,<ref>Ishei Yisrael 2:33 note 110, Piskei Teshuvot </ref>, or slept on a couch or chair) <ref>Halacha Brurah 4:47 </ref> one should wash without a bracha upon awakening.<ref>Mishna Brurah 4:27, Ishei Yisrael 2:33, Birkei Yosef 4:5 </ref>
#If the owner of an item gives up on ever getting it back, that is considered a forfeiture of the object and it’s permissible to take and keep it.<ref>Shulchan Aruch C”M 262:5 based on Gemara Baba Metzia 23a, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner), pg. 151. </ref> That can happen in the following ways:
#If one stayed up all night, one should wash in the morning without a bracha.<ref>The Shulchan Aruch Orach Chaim 4:13 writes that there is a doubt whether one makes a bracha on [[Netilat Yadayim]] the morning after staying up all night. Similarly, the Rama (4:13) comments that one should do [[Netilat Yadayim]] without a bracha.
##The owner says explicitly that he has given up hope.<ref>Shulchan Aruch CM 262:5, Halachos of Other People's Money pg. 152. see there note F, that if the finder wishes to be good and upright, he should go beyond the letter of the law and give it back if he knows who the owner is </ref> This is true even if the item has simanim.<ref>Shulchan Aruch CM 262:5, Halachos of Other People's Money pg. 152 </ref>
##Similarly, if it’s evident that the object has been lost for a long time such as if one sees moss or rust on the object, then it’s permissible to take and keep the object. <ref>S”A C”M 260:1 based on Gemara Baba Metzia 23b, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 153). see there where he writes that Shulchan Aruch did not define the exact time because it will depend on the time, place and object, and adds that Pitchei Choshen 2:note 26 and Rav Elyashiv (cited in Hashavat Aveda Kehalacha 5: note 2) agree</ref> This is true even if the item has identifying simanim.<ref>Halachos of Other People's Money pg. 153 note H. see there note J, that if the finder wishes to be good and upright, he should go beyond the letter of the law and give it back if he knows who the owner is</ref>
##Also, if an item without identifying features is lost, a person does not expect to get it back. When he discovers that it is lost, he will give up on it and it will automatically be forfeited.<ref>Halachos of Other People's Money pg. 154 </ref> This isn't true in a place where there are talmidei chachamim.<ref>Halachos of Other People's Money pg. 154 </ref>
#There is a mitzvah to return a lost object to someone who passed away by returning it to the inheritors of a deceased person. <ref>Avi Bezri Hashavat Aveidah p. 22 fnt. 7 says it is obvious that there's an obligation to return a lost object to the inheritors of the deceased if he was the owner of the lost object.</ref>


===Simanim===
*The source of the Shulchan Aruch's doubt is the dispute for doing [[Netilat Yadayim]] in the morning. The Rosh ([[Brachot]] 9:23) says because one's hands are "עסקניות" (literally busy) and they may have touched an unclean part of the body during one's sleep, one is obligated to do [[Netilat Yadayim]] in the morning. To support to his view, that we wash our hands for cleanliness before [[prayer]], he quotes the pasuk from Tehilim 26:6 "אֶרְחַץ בְּנִקָּיוֹן כַּפָּי ". On the other hand, the Rashba (Teshuvat HaRashba 1:191) argues on the Rosh claiming that there is no source for the idea of the Rosh. Rather the reason is that we are purifying our hands for the whole day (theoretically even to cover washing before bread) and the reason that we do it specifically before [[Shacharit]] is that when we wake up in the morning it is as if we are created anew as it says in Eicha 3:23 חֲדָשִׁים לַבְּקָרִים רַבָּה אֱמוּנָתֶךָ.
#If an object has no identifying feature, then it is assumed that the owner has given up hope of finding the object and therefore has forfeited ownership of it. Therefore, one may take and keep the object. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 154) </ref>
*A practical difference (explained by the Bet Yosef 4:13) that emerges from this dispute would be the case of a person who did not go to sleep at night. According to the Rosh, since one did not go to sleep there is no doubt that as to whether a person touched an unclean area and so, there is no need for [[Netilat Yadayim]]. On the other hand, the Rashba holds that since we are created new everyday we need [[Netilat Yadayim]] even if one did not go to sleep that night. Another concern that compounds the doubt of the Shulchan Aruch is the aspect of רוח רעה that is mentioned by the Tur (4:1), taking that into consideration even according to the Rosh one should still need to do [[Netilat Yadayim]]. Though based on a quote from the Zohar (Vayishlach 169b), the Bet Yosef ({{ibid}}) argues that the issue of רוח רעה only applies to the nighttime.
#The siman must be a unique feature and not a generic characteristic. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 160). see there note 79 where he entertains the possibility that nowadays where so many products look the same, if you find an item that isn't so expensive you should return it with just a generic characteristic because people who lose items would want it that way. </ref>
*Rav Ovadiah (Chazon Ovadiah, [[Shavuot]], note 25) mentions that even though the Maharsham (3:126) holds that one even makes a bracha on [[Netilat Yadayim]] of [[Birkat Cohanim]] and going to the bathroom, we do not hold like the Maharsham in this Halacha.
##For example: a normal color, brand name, or stamp on the item with the company name are not unique features.<ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 160-1) based on Shach 267:2 who writes that we don't return an item by identifying the color. Aruch Hashulchan 262:5 explains that this is because there are many items that are of the same color</ref> However, a crack on the side or if a part of the object broke off, those are unique features. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 161) based on Rama 262:13 citing the Beit Yosef</ref>
*The Mishna Brurah (4:27) adds that if one indeed went to sleep and had a שינת קבע (a substantial sleep) on one's bed, then one makes [[Netilat Yadayim]] with a bracha.
#The amount, weight, or length is considered a Siman only if that’s unique and not if that item is normally sold or found in that standard amount, weight, or length. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 161) based on Shulchan Aruch 262:3 and 267:7</ref>
</ref>
#Number of pieces found can be considered a siman.  
##For example, “there were 6 keys on the key chain” or “there were 15 bills in the envelope” are considered unique features. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 161) based on Shulchan Aruch 262:3 from Baba Metzia 23b </ref> If it is just a standard amount, such as ten pens in a pack, that wouldn't qualify.<ref>Halachos of Other People's Money pg. 161-162 based on Baba Metzia 23b </ref>
#A unique wrapper, envelope, or basket is considered a siman on the item that is in it. <ref>S”A C”M 262:19-20 based on Baba Metzia 24b, Halachos of Other People's Money pg. 162  </ref> The way something is tied can also be a good siman.<ref>Halachos of Other People's Money pg. 162 based on Shulchan Aruch 262:3 from Baba Metzia 23b</ref>
##An envelope from a local bank is not a siman, while a envelope from a foreign bank can be a siman. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 162) </ref>
#An item that’s attached to the item can function as a siman such a tag. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 163) based on S”A C”M 262:18 from Baba Metzia 27a</ref>
#The location where the item was placed is a siman. <ref>S”A 262:3, 9 based on the opinion of Rava in Baba Metzia 22b, Halachos of Other People's Money pg. 163</ref>
##The claimant must identify the specific location within the property and not just the general area or property where it was left. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 163) </ref>
##If it is found on a public walkway, in all likelihood it has moved since it was lost and thus would not be a siman.<ref>Halachos of Other People's Money pg. 163 based on Shulchan Aruch 262:9 </ref>
##If it is found in a place where many people use such items, place would not be a siman. <ref>Halachos of Other People's Money pg. 163 based on Rama 262:9 from Baba Metzia 23b</ref> For example, a towel left in the mikvah. <ref>Halachos of Other People's Money pg. 163, Shu"t Minchat Yitzchak 3:17</ref>


===Items without Simanim===
==Someone Who Got Up in the Middle of the Night==
# Even if one finds an item without any Simanim, one may only keep it if he is sure that the original owner has forfeited his ownership, which happens when the owner discovers that the item was lost. <ref>S”A C”M 262:3 rules that even if the situation is one in which the owner would probably forfeit ownership if it was dropped by the owner and so he was unaware of the situation one may not take the object. Halachos of Other People's Money pg. 165 <br>
# If a person wakes up in the middle of the night, wants to get up for some time and then go back to sleep, he should wash his hands without a bracha and then when one wakes up the second time to start his day he should wash with a bracha.<ref>Piskei Teshuvot 1:6 writes that it is preferable to wash when one wakes up the first time, however, one shouldn't recite a bracha since one is not ready to daven as in Beiur Halacha 4:1 s.v. Afilu. Halichot Shlomo ([[Tefillah]] pg 170) and Yalkut Yosef 4:25 agree. </ref> Some say if it's after [[Chatzot]] and he wants to learn or recite [[Tikkun Chatzot]], he should recite all Birkot HaShachar including Netilat Yadayim now, learn, and not recite them when he wakes up again later.<ref>Or Letzion 2:1:2</ref>
Background: Baba Metzia 21b records a dispute regarding an item that is lost and the owner is not yet aware. Rava says that if a person loses something without realizing it, but once they do realize it, will give up looking for it and deem it owner-less, then the person who finds it can keep it. Abaye holds that he may not because Yiush shelo midaat, is not yiush, meaning it is not considered as if he gave up on finding the item until he is actually aware that it is lost. Shulchan Aruch rules in accordance with Abaye, as this is on the list of יע״ל קג״ם (Baba Metzia 22b) which the gemara says is the list of opinions of which we hold like Abaye against Rava. Shu"t Igrot oshe OC 1:184 for his explanation of the dispute surrounding yiush shelo midaat. </ref> If someone picked it up before the owner was aware of its loss, he would be obligated to return it, even if the owner subsequently gives up on finding it. Since he cannot identify the owner, he must keep it until Eliyahu Hanavi comes and tells him whose it is.<ref>Shulchan Aruch CM 262:3, Halachos of Other People's Money pg. 166. </ref> This is true even if one is not sure whether the owner was aware of the loss or not.<ref>Halachos of Other People's Money pg. 167 based on Taz 262:3 who quotes the Maggid Mishne (Gezela Va'aveda 14:5) who writes that even if there is a safek if the owner is aware or not, you would need to be strict.</ref>
# If one wakes up in the middle of the night and wants to take a drink, one should preferably wash one's hands first, but if this is too difficult one can just wipe one's hands on a blanket or one's clothing and then recite the bracha to have the drink.<ref>If someone wakes up in the middle of the night do they have to wash netilat yadayim? Eshel Avraham 4:1 s.v. mmori is lenient if one wakes up in the middle of the night to go to the bathroom that he doesn't have to wash netilat yadayim before walking 4 amot since one is planning on going back to sleep. Torat Yekutiel 1:1:2 writes that one can rely on the Eshel Avraham 4:1 even if it isn't an extenuating circumstance but someone with Yirat Hashem shouldn't be lenient unless it is an extenuating circumstance. Piskei Teshuvot 1:6 quotes this and suggests that the Mishna Brurah agrees that there's no obligation unless one is planning on staying up. However, the [http://www.hebrewbooks.org/pdfpager.aspx?req=20945&st=&pgnum=112 Zachor Lavraham 1:50], Kaf Hachaim 1:7 and 4:4, and Mishmeret Shalom 1:3 (all cited by Yabia Omer OC 4:2:13) argue with the Eshel Avraham.
#If you encounter an item with so Simanim, but you are not sure if the owner is aware of the loss, some poskim say that the finder doesn't have to pick it up.<ref>Rav Elyashiv (cited in Halachos of Other People's Money pg. 170 note 117) based on Rabbi Akiva Eiger (Derush ViChiddush Baba Metzia 21b "Omnam Yesh Lomar" </ref> Others say that the owner must pick it up and hold it until Eliyahu comes and discloses who the owner is.<ref>Rav Moshe Feinstein (Igros Moshe CM 2:45) and Chazon Ish (cited in Halachos of Other People's Money pg. 170 note 118) based on Shulchan Aruch Harav Hilchot Metzia Halacha 2</ref> Rav Moshe Feinstein explains that holding an item until Eliyahu comes does not literally mean you need to guard it forever, but rather after a long enough time (all three regalim) has passed and no one has claimed it, you can write down in a safe notebook the exact value of the item and all its attributes, and then use the item for yourself. If Eliyahu later tells you who the item belonged to based on the attributes and value, then you can pay the original owner.<ref>Igros Moshe CM 2:45, at the end.</ref>
* Shulchan Aruch O.C. 4:23 writes that if a person went to sleep with pajamas he can recite brachot hashachar without first washing netilat yadayim. This is based on the Rosh Brachot 9:23, Rashba responsa 1:153, and Rambam Tefillah 7:3-4. Aruch Hashulchan 4:20 accepts Shulchan Aruch. However, the Birkei Yosef 4:8 argues that according to the Zohar 1:10b it is forbidden to recite brachot without netilat yadyaim since there's a ruach raah on one's hands. Shaarei Teshuva 4:30 and Mishna Brurah 4:61 cite the Zohar. Mishna Brurah 4:61 concludes that one should be strict if one has water. Or Letzion 2:1:8 writes that if it is difficult to do netilat yadayim it is permitted to make a bracha in order to drink without washing one's hands. He explains that one can rely on Shulchan Aruch in such a case. Yabia Omer O.C. 4:2 and Yalkut Yosef 4:24 agree. He explains that one should first rub one's hands against something that would clean them such as one's blanket before reciting the bracha. </ref>
#There are certain factors which allow one to assume that the owner knows about his loss and if the object has no simanim it would be permissible to take:
# If one gets up in the middle of the night and one can't wash one's hands with wash one shouldn't waste the time but can learn after he rubs them against something to clean them.<ref>Shulchan Aruch Harav Mehudra Tinyana 1:7 writes that one shouldn't be strict for the Zohar to learn before washing one's hands if it'll lead to bitul torah. Mishna Brurah 1:2 and Piksei Teshuvot 4:32 agree.</ref>
##Heavy item (such as a hammer) - we presume that the owner knows that he lost it because when a heavy item falls you can sense it<ref>S”A C”M 262:3 and 6 based on Baba Metzia 21b, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 168)</ref>
# If a person woke up in the middle of the night to go to the bathroom or do work and is planning on going back to sleep if doing netilat yadayim at that time will wake up people in his house he can rely on those who are lenient not to wash as long as one is going to go back to sleep.<ref> Shraga Hameir 3:103 quotes poskim who are lenient such as the Eshel Avraham not to require netilat yadayim if one is planning on going back to sleep and he implies that one can be lenient if it'll wake up his wife. Piksei Teshuvot 1 fnt. 41 quotes this as a leniency and elaborates upon it.</ref>
##Cash or other valuables- we can assume that the owner realized and forfeited his ownership because people checkx frequently. <ref>S”A CM 262:3 and 6 based on Baba Metzia 21b. see [https://shulchanaruchharav.com/halacha/returning-lost-money-that-one-found/ shulchanaruchharav.com] <br>
Most poskim say that this assumption of Chazal is still applicable nowadays (even though we don't really see so many people constantly checking their pockets, including Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 168) citing Mishpat Aveidah (pg. 93) in the name of the Chazon Ish and Igrot Moshe Y”D 4:23. </ref> According to many poskim, this is true even for small amounts of money.<ref>Shu"t Igrot Moshe YD 4:23, Halachos of Other People's Money pg. 169 in the name of Rav Nissin Karelitz and Rav Chaim Kanievsky. However, in note 114 he quotes Rav Elyashiv that a person would not become aware of losing a small amount of money, and therefore one would only be allowed to take a larger amount (50 shekel or more) </ref>
##If it’s evident that the item has been lost for a long time (it’s rusty or overgrown with mold) (there’s no fixed time because each situation and object is different, once one can be sure that the owner would have forfeited ownership one may take it) <ref>S”A C”M 262:5, Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 153 note 45) quoting Pitchei Choshen (chapter 2 note 26) and [[Hashavat Aviedah]] KeHalacha (chapter 5 note 2) in the name of Rav Elyashiv </ref>
#In a place where Talmidei Chachamim are present, one must pick up even an item without Simanim and announce it like a regular lost object because a Talmid Chacham (who is known not to lie) is trusted to recognize his object without any Simanim unless the item is brand new, in which case it’s treated like an item without simanim in a place without Talmidei Chachamim. <ref>Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 171-2) based on Shulchan Aruch CM 262:21</ref>
#If you personally know whose item it is or if witnesses say who it belongs to, the finder must give it back, even without the owner identifying any siman.<ref>Halachos of Other People's Money pg. 160. Shulchan Aruch CM 267:9 writes that witnesses are stronger evidence than Simanim. Therefore, if one person gives simanim and another provides witnesses, the lost object should be given to the one with witnesses.</ref>
===Lost Object of a non-Jew===


#Technically, there’s no Mitzvah to return a lost object to a non-Jew, and some say that there’s a prohibition. <ref>Tur and S”A C”M 266:1 rule based on Gemara Baba Kama 113b that there’s no mitzvah to return the lost object of a non-Jew and there’s even a  prohibition. The Beit Yosef there writes that according to Rashi the problem is that by returning an item to a non-Jew, you are showing that you don't perform Hashavat Aveda as a commandment of Hashem, because you are returning to a non-Jew which you aren't commanded to. On the other hand, the Rambam writes that returning such an object would be strengthening the hands of a sinner. The Be'er HaGolah 266:2 writes that according to Rashi this prohibition would apply even to non-Jews nowadays but according to the Rambam then there’s no prohibition to non-Jews nowadays who believe in a Creator and are law abiding citizens. Mamon Yisrael (Halachos of Others People’s Money by Rav Bodner, pg. 153) holds that there’s no prohibition nowadays. However, Hashava Aviedah KeHalacha (2:1 pg. 33) writes that nowadays there’s a prohibition like S”A. </ref> However, all agree that if one returns it with intention to make a Kiddush Hashem then it’s permissible and praiseworthy to return the object. <ref>Halachos of Other People's Money pg. 156. S”A C”M 266:1 writes that if one has intent to make a Kiddush Hashem then it’s totally permissible and praiseworthy to return the lost object. Hashava Aviedah KeHalacha (2:2 pg. 33) writes that it’s only permissible and praiseworthy if one is sure that returning it will result in Kiddush Hashem because the owner will praise Jews and not just the one who returned it (and if it’s a doubt one should refrain). see [http://www.torahmusings.com/2014/05/hashavat-aveida-a-kiddush-hashem/ Rabbi Aharon Ziegler] who quotes Rabbi Soloveitchik on the importance of returning a lost object to a non-Jew in fulfillment  of the precious mitzvah of kiddush Hashem. see also [https://www.yutorah.org/lectures/lecture.cfm/865907/rabbi-aryeh-lebowitz/ten-minute-halacha-hashavas-aveida-to-a-nochri/ Ten Minute Halacha: Hashavas Aveida to a nochri] by Rabbi Aryeh Lebowitz </ref> Additionally, all agree that if a Chilul Hashem will result then there’s an obligation to return the object. <ref>S”A C”M 266:1 </ref>
==Someone Who Wakes Up Very Early==
#An item that was lost in an area with mostly non-Jews, is presumed to belong to a non-Jew and may be kept.<ref>Shulchan Aruch 259:3, Halachos of Other People's Money pg. 156</ref> Nevertheless, if a Jew proves that it is his, if one wishes to be upright and good, he should go beyond the letter of the law and give it back.<ref>Halachos of Other People's Money pg. 156-157 based on Shulchan Aruch 259:5 </ref>
#If circumstances indicate that the non-Jew placed or hid that item there it may not be taken.<ref>Halachos of Other People's Money pg. 155 based on Netivot Hamishpat 260:4</ref>
#A Jewish apikores would have the status of a non-Jew for this halacha.<ref>Shulchan Aruch 266:2, Halachos of Other People's Money pg. 155. see there note 61 for how this would apply nowadays considering that many people are unfortunately not fully observant</ref>


==What to do with the Item until the Owner is Found==
#If one wakes up after [[Chatzot]], and one will still need to go to the bathroom before [[davening]], one should not make the bracha of Al [[Netilat Yadayim]] until after one went to the bathroom before davening. It should then be said together with [[Birchot HaShachar]], however, if one knows that one will not need to go to the bathroom before [[davening]], one should make the bracha of [[Netilat Yadayim]] as close as possible to [[waking up]] even before Olot Hashachar.<ref>Beiur Halacha 4:1 s.v. Afilu as ruling like the Chaye Adam, Ishei Yisrael 2:31, Dinei Nieyor Kol HaLaylah (pg 42), Halichot Olam 2:23, See Piskei Teshuvot 4:2 who writes that it is both legitimate to hold and practice like either the Chaye Adam or like the Mekubalim. </ref>
# In a case that there is an obligation to return an item, the Torah places the responsibility of safeguarding the lost item on the finder until he can identify the person who lost it.<ref> Halachos of Other People's Money pg. 173 </ref> This includes preserving its value.<ref>Rambam Gezela Va'aveda 13:11, Shulchan Aruch C.M. 267:18 </ref> For example, if he found a roll of film or a sefer, he may not store it in a moist place where it can get ruined.<ref> Halachos of Other People's Money pg. 176</ref>
#If one washed with a bracha before [[Olot HaShachar]] (as described in previous halacha), one should wash again at [[Olot HaShachar]] without a bracha.<ref>Shulchan Aruch O.C. 4:14, Mishna Brurah 4:31, Yalkut Yosef 4:11, Ishei Yisrael 2:31, Zachor LAvraham 1:50 </ref>
# If it is too difficult for the finder to watch it, he can pass it off to someone trustworthy to watch for him.<ref> Halachos of Other People's Money pg. 174 based on Shulchan Aruch Harav Hilchot Metzia: 32. see also Ben Ish Chai Year 1: Parashat Ki Tavo: 7 </ref>
#If one wakes up before [[Chatzot]], one should wash then without a bracha, and then after Olot Hashachar one should dirty one’s hands (by touching an unclean area, scratching one's head or by going to the bathroom) and then wash with a bracha.<ref>Beiur Halacha 4:13 s.v. Kol, Ishei Yisrael 2:32, Dinei Nieyor Kol HaLaylah (pg 41) </ref>
# Once you pick up the item, you are responsible for its safekeeping. You cannot pick it up and place it down near where it was found, hoping that the owner will find it there.<ref> Halachos of Other People's Money pg. 174-175 in the name of Rav Moshe Feinstein</ref>  
# There is a debate about the accountability of the finder. Therefore, the final halacha is that if the item got stolen or lost, the finder is exempt.<ref> The Gemara Baba Metzia 29a: Rabbah says that the finder is considered a Shomer Chinam (meaning exempt if the item is lost or stolen while in his possession and only responsible if it happens due to his negligence), while Rav Yosef says he is like a Shomer Sachar (meaning he is obligated to pay if the item gets lost or stolen). Shulchan Aruch C.M. 267:16 holds like Rav Yosef. The Rama there holds like Rabbah. The Sma 267:17 and Shach 267:14 write that this is a safek. Therefore, we would conclude that the finder doesn't have to pay for it. In order for the finder to be required to pay for the item that he found if it is lost or stolen, the original owner would have to prove that he is obligated. </ref> If he is negligent, and the item is lost, stolen or damaged, he is responsible to repay the original owner.<Ref>Halachos of Other People's Money pg. 175 based on Shulchan Aruch C.M. 267:16</ref>


===Borrowing it for Personal Use===
==When to Recite the Bracha==
# The finder may not borrow the item that he finds for his own personal use.<ref>Halachos of Other People's Money pg. 176 </ref>


==If the Finder Knows who the Owner is==
#One should recite the bracha immediately after washing one's hands prior to drying them.<ref>Mishna Brurah 6:2 writes that one should recite the bracha prior to drying one's hands, however, some are strict to recite the bracha only after drying them. The Ben Ish Chai (Toldot no. 5) says that the Sephardi minhag is to recite the bracha prior to drying one's hands. Yalkut Yosef 4:19 and Kaf HaChaim 4:8 agree.</ref>
# If the finder knows who the item belongs to, he can call the owner and would not be obligated to deliver the item directly. It is the owner's responsibility to come retrieve it.<ref> Halachos of Other People's Money pg. 177 based on the opinion of Rav Moshe Feinstein </ref>
#Some have the custom to wait until going to shul to make the bracha of netilat yadayim. Sephardim do not have this minhag. In any case, one should not make the bracha twice, once upon both waking up and once going to shul.<ref>Shulchan Aruch 6:2 </ref>
# In a situation that he is unable to get in touch with the owner, he is responsible to return it responsibly and cannot just leave it in a place that there is a risk it could be taken.<ref> Halachos of Other People's Money pg. 177 based on Shulchan Aruch Choshen Mishpat 267:1 </ref>


==The Obligation to Publicize==
==If There is Something on One's Hands==
# When the item is found, the finder must try to locate its owner by publicizing it.<ref> Mishna Baba Metzia 27b, Halachos of Other People's Money pg. 178. For a discussion of how this can be accomplished in the modern age, perhaps via the internet, see [https://www.tzohar.org.il/?p=1577 Tzohar.org - מצוות השבת אבידה דרך האינטרנט]</ref>
See the [[Chatzitza for Netilat Yadayim]] page.
===How and Where?===
# Some say that the halachot of chatzitza are the same for Netilat Yadayim upon waking up as they are for Netilat Yadayim for a meal, while others hold that they are more lenient.<ref>Eshel Avraham 343:1 writes that there's not as much of an issue of chatzitza with the netilat yadayim when you wake up since one's hands aren't dirty in the area that was covered by a chatzitza. Dirshu 4:27 cites Shulchan Aruch Harav in the Siddur and Chazon Ish Igrot 1:4 who are strict to remove chatzitzot before netilat yadayim in the morning.</ref>
# In a small area, the publicizing can typically be accomplished by a simple announcement, such as after tefilla in shul.<ref> Halachos of Other People's Money pg. 178. see Igros Moshe O.C. 5:9:8 that if you know that the person who lost it prays in a certain shul, it suffices to announce it in that shul </ref>
# In a larger town, notices should be posted in the shuls adjacent to where it was found.<ref>Halachos of Other People's Money pg. pg. 178. Shu"t Igros Moshe OC 5:9:8 says that in a city like New York, one would have to announce it in the nearby shuls, where it would be possible that the owner of the lost object would come pray, but it wouldn't make sense to require that it be announced in every shul in New York City</ref> Additionally, notices should be posted in public places in the area such as the elevator in the building it was found.<ref>Halachos of Other People's Money pg. 179</ref>
# The finder is not required to spend money in order to publicize the finding.<Ref> Halachos of Other People's Money pg. 179 based on a teshuva of Rav Moshe Feinstein </ref>
# The notice should remain posted for long enough that most people in the area would have had a chance to see it. It is preferable to leave it up as long as possible<ref>Halachos of Other People's Money pg. 179 based on a teshuva of Rav Moshe Feinstein</ref>  


===What to Announce/Write on the Notice===
==Who Is Obligated==
# The notice should specify the type of item,<ref> Shulchan Aruch 267:4 based on the opinion of Rav Nachman in Baba Metzia 28b </ref> but not with enough detail to identify the Simanim that we would require the owner to identify in order to prove his ownership.<ref>Halachos of Other People's Money pg. 179 </ref>


==Links==
# Women are equally obligated as men to wash [[Netilat Yadayim]] in the morning.<ref>Pri Megadim (M"Z 4:7), Mishna Brurah 4:10, Kaf Hachayim 4:20, Yalkut Yosef 4:15, and Halacha Brurah 4:21. Kaf HaChaim points out that in fact, women may have a greater obligation because they have more control over the purity of their houses since they prepare the food and feed the children. </ref>
* [https://www.yutorah.org/lectures/lecture.cfm/784687/rabbi-mordechai-i-willig/hashavas-aveidah-halacha-lmaaseh/ Hashavas Aveidah Halacha Lmaaseh] by Rabbi Mordechai Willig
{{Children Washing Netilat Yadayim upon Waking Up}}
* [https://www.yutorah.org/lectures/lecture.cfm/763779/rabbi-michael-taubes/parshas-ki-teitze-hashavas-aveidah/ Hashavas Aveidah] by Rabbi Michael Taubes
* Series on [https://torahdownloads.com/shiur-19790.html Hashavas Aveida] by Rabbi Eliyahu Reingold


==Sources==
==Sources==
<references />
<references />
[[Category: Between Man And His Fellow]]
[[Category:Netilat Yadayim]]
[[Category:Orach Chaim]]

Revision as of 03:48, 14 November 2023

Netilat Yadayim.jpg

Chazal established that upon waking up a person should wash his hands in the morning prior to davening Shacharit to clean his hands before praying, purify them of any hint of death that comes from sleeping, and prepare himself for holiness the way the Kohanim did in the Beit HaMikdash. The details of when and how it should be done are described below:

Reasons for Washing One's Hands

  1. One reason for netilat yadayim in the morning is that overnight one's hands certainly got dirty from touching one's body.[1]
  2. Another reason for netilat yadayim in the morning is to remove the negative spirits on our hands after having been recreated each day.[2]
  3. A third reason for netilat yadayim in the morning is to remove the negative spirits upon himself, which is a result of the element of death that descends upon a person when he sleeps.[3]

Procedure for Washing One's Hands

  1. One should wash with a cup or some sort of vessel.[4] If there is no cup available, according to Ashkenazim, if one is in an extenuating circumstance and wants to pray, one may wash without a cup with a bracha. According to Sephardim, if one washes without a cup, such as if one washes directly from the faucet, one should not recite a bracha.[5]
  2. One should wash up to one's wrists. If there is not enough water available, it is sufficient to wash up to one's major knuckles (where one's fingers connect to the hand).[6]
  3. One should wash one's right hand first, then one's left hand, and repeat this process two more times so that one washes each hand three times, while alternating hands in the process. Some say one should wash each hand four times.[7]
  4. Before pouring the water, the filled vessel should be picked up with the right hand and passed to the left hand.[8]
  5. Even a lefty should begin by washing his right hand first.[9]
  6. The water must enter in between the fingers, at least a little bit, otherwise it does not fulfill the requirement.[10]
  7. One who is obligated in netilat yadayim may receive assistance from one who is not obligated in netilat yadayim and still fulfill the obligation.[11]
  8. One may not derive benefit from the water that one washed one's hands with.[12]
  9. One should wash one's hands with a bracha in the middle even if one only slept after Chatzot.[13]
  10. As a rabbinic mitzvah one should intention for the mitzvah of netilat yadayim when washing one's hands.[14]

Netilat Yadayim in the Bathroom

  1. One shouldn't wash Netilat Yadayim in a bathroom unless there is no other option such as on an airplane.[15]
  2. One may do netilat yadayim in a room which has a bath and no toilet.[16]

When Should One Wash One's Hands?

  1. One should wash one's hands immediately after one's recitation of Modeh Ani.[17]
  2. According to Ashkenazim, if one needs to go to the bathroom upon waking up and after going to the bathroom one will be ready for davening, one should wash without a bracha upon waking up and after having gone to the bathroom wash again with the bracha of Al Netilat Yadayim.[18]
  3. According to Ashkenazim, if after having gone to the bathroom one will still not be ready for davening and will have to go to the bathroom another time before davening (as is common when one wakes up a long time before davening), one should wash without a bracha upon waking up, wash a second time without a bracha after having gone to the bathroom the first time, and then wash a third time with a bracha of Al Netilat Yadayim when one is ready for davening after having gone to the bathroom a second time.[19]
    1. The above is the opinion of the Mishna Brurah and Rav Shlomo Zalman Auerbach. However, Rav Mordechai Willig holds that one does not need to wash before going to the bathroom and also that after having gone to the bathroom one should wash without a cup and without the bracha, and then when one is ready for davening one should wash again using a cup and make the bracha.[20]
  4. According to Sephardim,
    1. If one doesn't have an urgent need to go to the bathroom, it is permitted to get dressed, go to the bathroom, and then wash with the bracha of Al Netilat Yadayim. It is preferable to wash before getting dressed and going to the bathroom.[21]
    2. If one needs to go to the bathroom, especially if it is urgent, one should go to the bathroom before washing one's hands. [22]
    3. If one got up a while before davening and isn't going back to sleep should wash Netilat Yadayim with a bracha and say Birchot HaTorah.[23]

What Is Permissible before Washing Hands?

  1. It is permissible to say Modeh Ani before washing hands.[24]
  2. It is not permissible to learn Torah out load or to verbalize it before washing one's hands,[25] yet just thinking in Torah is allowed.[26] However, if one is going to miss the chance to make a bracha or answer amen one should just rub his hands against someone to clean them and say the bracha or answer amen. If one slept in pajamas it is unnecessary to even rub them in order to clean them.[27]
  3. One should wash one's hands before walking four amot.[28] However some are lenient in this regard.[29]
  4. If the water is further than 4 Amot away some say that it is better to walk less than 4 amot at a time, while others say it is better to go there quickly if it is still in the same house.[30]
    1. If a person sleeps in a bunkbed it is permissible to wash within 4 amot of the bed even if one will walk more than 4 amot going down the ladder and to the washing station.[31]
  5. It is permitted to get dressed prior to washing one’s hands.[32]
  6. It is preferable to be strict and not to walk more than 4 amot prior to Netilat Yadayim.[33]
  7. One should not touch any foods before washing one's hands. If one did unintentionally, the food should be washed three times. If this is impossible, one should preferably refrain from eating it. If necessary though, one can eat it without washing it, because according to the letter of the law, the food is permitted.[34]
  8. One can touch food by the use of a cloth intervening between one's hand and the food.[35]
  9. A person shouldn't touch sefarim before washing his hands.[36]
  10. A person should not touch one's mouth, nose, ears, or eyes before washing hands in the morning.[37] If possible one shouldn't even touch one's eyelids before washing Netilat Yadayim.[38]

When Does One Need to Wash Hands?

  1. Before Shacharit or Mincha (specifically the Shmoneh Esrei) one should wash hands if there was a long interruption from the time of the original washing upon rising.[39] If water is not available one does not need to wash one's hands, but only to rub them against something hard.[40]
  2. If one touched an unclean part of the body or went to the bathroom, one must search and find water to wash one's hands without a bracha for Shmoneh Esrei.[41]
  3. However, in order to say Brachot, Kriyat Shema, or learn Torah one does not need to wash one's hands.[42]
  4. If one slept in a bed during the day, one should wash Netilat Yadayim without a bracha.[43]

Someone Who Stayed up All Night

  1. If one slept less than 30 minutes [44] or slept in a temporary fashion (putting one’s head on a table,[45], or slept on a couch or chair) [46] one should wash without a bracha upon awakening.[47]
  2. If one stayed up all night, one should wash in the morning without a bracha.[48]

Someone Who Got Up in the Middle of the Night

  1. If a person wakes up in the middle of the night, wants to get up for some time and then go back to sleep, he should wash his hands without a bracha and then when one wakes up the second time to start his day he should wash with a bracha.[49] Some say if it's after Chatzot and he wants to learn or recite Tikkun Chatzot, he should recite all Birkot HaShachar including Netilat Yadayim now, learn, and not recite them when he wakes up again later.[50]
  2. If one wakes up in the middle of the night and wants to take a drink, one should preferably wash one's hands first, but if this is too difficult one can just wipe one's hands on a blanket or one's clothing and then recite the bracha to have the drink.[51]
  3. If one gets up in the middle of the night and one can't wash one's hands with wash one shouldn't waste the time but can learn after he rubs them against something to clean them.[52]
  4. If a person woke up in the middle of the night to go to the bathroom or do work and is planning on going back to sleep if doing netilat yadayim at that time will wake up people in his house he can rely on those who are lenient not to wash as long as one is going to go back to sleep.[53]

Someone Who Wakes Up Very Early

  1. If one wakes up after Chatzot, and one will still need to go to the bathroom before davening, one should not make the bracha of Al Netilat Yadayim until after one went to the bathroom before davening. It should then be said together with Birchot HaShachar, however, if one knows that one will not need to go to the bathroom before davening, one should make the bracha of Netilat Yadayim as close as possible to waking up even before Olot Hashachar.[54]
  2. If one washed with a bracha before Olot HaShachar (as described in previous halacha), one should wash again at Olot HaShachar without a bracha.[55]
  3. If one wakes up before Chatzot, one should wash then without a bracha, and then after Olot Hashachar one should dirty one’s hands (by touching an unclean area, scratching one's head or by going to the bathroom) and then wash with a bracha.[56]

When to Recite the Bracha

  1. One should recite the bracha immediately after washing one's hands prior to drying them.[57]
  2. Some have the custom to wait until going to shul to make the bracha of netilat yadayim. Sephardim do not have this minhag. In any case, one should not make the bracha twice, once upon both waking up and once going to shul.[58]

If There is Something on One's Hands

See the Chatzitza for Netilat Yadayim page.

  1. Some say that the halachot of chatzitza are the same for Netilat Yadayim upon waking up as they are for Netilat Yadayim for a meal, while others hold that they are more lenient.[59]

Who Is Obligated

  1. Women are equally obligated as men to wash Netilat Yadayim in the morning.[60]
  2. Children that have reached the age of chinuch should be trained to wash their hands upon rising in the morning and they should not touch food before washing hands.[61] Some say parents should try to wash the hands of their children, regardless of their age.[62]
  3. Children who have reached the age of chinuch should be trained to wash their hands after going to the bathroom [63] or touching parts of their body that are generally covered.[64]

Sources

  1. ↑ Rosh Brachot 9:23
  2. ↑ Rashba teshuva 1:191 writes that the reason for netilat yadayim in the morning isn't just because of the davening otherwise one should recite a bracha for netilat yadayim prior to mincha and arvit. Rather the reason is because a person is recreated each day and the the bracha was established like brachot hashachar. It represents preparing ourselves for kedusha just like the kohanim would wash their hands from the Kiyor in the Bet Hamikdash before doing avoda.
  3. ↑ Zohar Beresheet 184b cited by Bet Yosef 4:8
  4. ↑ Shulchan Aruch Orach Chaim 4:7, Kitzur Shulchan Aruch 2:4, Mishna Brurah 4:15, Kitzur Shulchan Aruch of Rav Mordechai Eliyahu 2:1. The Hagahot Mordechai Brachot 192, Ran Chullin 37b s.v. mipnei, Bet Yosef 4:7 based on Rosh, and Darkei Moshe 4:1 all write that a vessel isn't necessary for Netilat Yadayim in the morning. However, the Rashba teshuva 1:191 writes that a vessel is necessary.
  5. ↑ Rama 4:7, Mishna Brurah 4:16, and Kitzur Shulchan Aruch 2:6 hold that if there's no utensil available one can wash without it and recite a bracha. This is either based on the Ran Chullin 37b or the Rashba 1:191 according to the Dareki Moshe Haaruch. However, the Kiseh Eliyahu 4:3 and Tzemach Tzedek Lubavitch O.C. 1:1 argue with the Rama that the Rashba would hold that a vessel is critical and without it one can't recite a bracha. This is indeed implied by the Rashba 1:190 and 1:595 that the language of Al Netinat Yadayim implies that a vessel is necessary. Aruch Hashulchan 4:10, Rav Mordechai Eliyahu (comments on Kitzur Shulchan Aruch 2:9), Or LeTzion 2:1:5, Halacha Brurah 4:12, and Yalkut Yosef 4:1 agree that if one can't use a vessel one should wash without a bracha.
  6. ↑ Mishna Brurah 4:9 writes that one should wash up to one's wrists and if there happens not to be enough water, it is sufficient to wash up to one's knuckles. Kitzur Shulchan Aruch O.C. 2:3 agrees. Ben Ish Chai (Parashat Toldot #2) writes that one must wash until one's wrists except on Yom Kippur and Tisha BeAv when one may only wash up to one's knuckles.
  7. ↑ Mishna Brurah 4:9 cites the Gra that one should wash four times to remove the ruach raah water remaining on one's hands after washing three times.
  8. ↑ Shulchan Aruch O.C. 4:10, Ben Ish Hai, Toledot, Halacha 1; Kaf HaChaim 4:12
  9. ↑ Kaf HaChaim 4:35, Artzot HaChaim 4:10, Halacha Brurah 4:22, Mishna Brurah 4:22 explains that the lefty should also follow the practice of a righty since it is reflective of how the middah of Chesed should increase.
  10. ↑ Halichot Olam, Volume 1, Page 324. Hacham Ovadia Yosef writes that the beracha is considered levatala in a case where water does not enter in between fingers even slightly.
  11. ↑ Yalkut Yosef, page 48. Shulchan Aruch O.C. 159:13 says that even a monkey can help one fulfill the obligation of netilat yadayim.
  12. ↑ Shulchan Aruch O.C. 4:9, Kitzur Shulchan Aruch 2:4. See Biur Halacha 338:8 s.v. assur how it is still considered usable. Rav Ben Tzion Abba Shaul (Or Letzion 2:1:6) argues that nowadays we usually pour more than a reviit each time, so there is no ruach raah and one may recite berachot and learn Torah by the water.
  13. ↑ Ben Ish Chai (Shana Rishona, Toldot no. 16)
  14. ↑ Pri Megadim M"Z 4:15 writes that according to those who hold that there's no need for intention for rabbinic mitzvot then netilat yadayim doesn't need intention. According to those who hold that there is a need generally, potentially netilat yadayim shouldn't require intention since it is similar to tevilah which doesn't require intention (according to most, see Shulchan Aruch YD 198:48). However, the Pri Megadim distinguishes and says that only for optional mitzvot such as tevilah and shechita don't require kavana but netilat yadayim in the morning is an obligatory mitzvah and as such requires kavana. (This distinction of the Pri Megadim is highlighted by the Ramban Chullin 31b s.v. vha who says that mitzvot tzerichot kavana is for any obligatory mitzvah but not for a matir.) Yet, the Veyashev Hayam 1:2 (Rav Yakov Moshe Hillel) argues that it doesn't require kavana since it is less severe than tevilah and even tevilah doesn't require intention. This is relevant to the practice of the Chaye Adam (cited by Biur Halacha 4:1) to wash twice, once before going to the bathroom and once afterwards.
  15. ↑ Yabia Omer OC 3:1, [Rabbi Mansour www.dailyhalacha.com/m/halacha.aspx?id=2517], Mayan Omer v. 1 p. 25. Yabia Omer 4:5 permits netilat yadayim in a bathroom in the case of sha'at hadhak.
  16. ↑ Yabia Omer 7:27 explains that this is because these rooms are generally kept clean and used for storing items.
  17. ↑ Shulchan Aruch Orach Chaim 4:1
  18. ↑ Magen Avraham 4:1 quotes the Ketavim of the Arizal as saying that one should wash with the bracha and then go to the bathroom, however he disagrees and feels that it would be preferable to wash with a bracha after going to the bathroom. He adds that if one needs to go to the bathroom, then it is forbidden to wash with a bracha before going to the bathroom. The Kitzur Shulchan Aruch 2:7 and Mishna Brurah 4:4 agree with the Magen Avraham; one should wash with a bracha after going to the bathroom. They add that one should also wash without a bracha before going to the bathroom.
  19. ↑
    • If one is not going to be ready for davening after having gone to the bathroom the first time, the Beiur Halacha (4:1 s.v. Afliu) presents two opinions about when it is preferable to wash one's hands with the bracha of Al Netilat Yadayim. The Chaye Adam holds that it is preferable to wash without a bracha upon waking up and when one is ready for davening to wash again with the bracha, while the Shaarei Teshuva holds that one should wash with the bracha after going to the bathroom even if one is not totally ready for davening. The Beiur Halacha rules like the Chaye Adam that upon waking up one should wash without a bracha and when one is ready for davening to wash again with the bracha.
    • Rav Shlomo Zalman (quoted in Halichot Shlomo Tefilla 2:23, pg 23) rules like the Chaye Adam and states when one is washing one's hands after having gone to the bathroom in the morning and one knows that one will need to go to the bathroom again before davening, the first time one should wash without a bracha and after going to the bathroom the second time when one is ready for davening one should wash with the bracha. As long as one is ready for the beginning of davening even if one will go to the bathroom after Yishtabach it is still considered as though one did his netilat yadayim right before davening. Rav Nevinsal in Byitzchak Yikreh (Mishna Brurah 6:8) argues that one should wait to recite the bracha after he goes to the bathroom after yishtabach if he knows he's going to need to go.
  20. ↑ Rav Mordechai Willig in Am Mordechai (Brachot, Siman 11, pg 45-8) writes that one should go to the bathroom, wash without a cup three times, and then when one is ready for davening wash again with a cup and make the bracha of Al Netilat Yadayim.
  21. ↑ Yalkut Yosef (vol 1, pg 384, 4:40) writes that a person may get dressed and go to the bathroom before washing his hands. Those who are strict upon themselves to set up a cup of water near their bed to wash before going to the bathroom should be blessed. Rav Ovadia Yosef in Halichot Olam (v. 1, p. 32) disagrees with the Ben Ish Chai (Toldot #6) who says that one should not touch one's clothes before Netilat Yadayim and Rav Ovadya holds that it is permitted to get dressed and go to the bathroom before washing. This is quoted by Rabbi Mansour on dailyhalacha.com.
    • Yalkut Yosef (v. 1, p. 388) writes that it is a bad idea to wash before going to the bathroom and only recite the bracha afterwards since that means you're going to make the bracha after drying your hands, which is a major dispute in which the Rambam says one may not recite the bracha.
    • He also says that following the practice of the Mishna Brurah to wash upon waking up without a bracha and then again going to the bathroom with a bracha since it means that you might have been yotzei already with the first washing and if so, you're making the bracha after drying your hands. Halacha Brurah (v. 1, p. 55) agrees with Yalkut Yosef and added that his father, Rav Ovadia Yosef, washed after getting dressed and going to the bathroom all the time.
  22. ↑ Or LeTzion 2:1:3, Yalkut Yosef 4:40, and Halacha Brurah 4:4 write that if one needs to go to the bathroom, especially if it is urgent, one should first go to the bathroom and then wash one's hands with a bracha of Al Netilat Yadayim.
  23. ↑ Or Letzion (vol 2 chap 1 note 2) writes that if one is not going back to sleep one should make the Netilat Yadayim with a bracha right away.
  24. ↑ Eliya Zuta 1:2, Mishna Brurah 1:8, Kitzur Shulchan Aruch 1:2, Shulchan Aruch HaRav 1:5
  25. ↑ Mishna Brurah 1:8, Shulchan Aruch HaRav 1:5, Yalkut Yosef 4:27
  26. ↑ Piskei Teshuvot 4:32. This is also implied by Shulchan Aruch HaRav 1:5.
  27. ↑ Yalkut Yosef 4:27. A similar idea is found in Eliyah Rabba 227:6, Mishna Brurah 227:10.
  28. ↑ Mishna Brurah 1:1, Kitzur Shulchan Aruch 2:1. See also Piskei Teshuvot 1:7 who writes that the minhag is that one should wash one's hands even before putting one's feet on the ground.
  29. ↑ BeYitzchak Yikrah 1:2 comments that the tradition from the Gra that the Ruach Rah on hands was nullified with the death of Rabbi Avraham the Ger applies only to laws of the Zohar and not the Talmud Bavli and since this law is sourced in the Zohar, there is reason to be lenient. Rabbi Yitzchak Abadi (Or Yitzchak 1:1) writes that Rav Aharon Kotler wasn't careful about washing within 4 amot of waking up and goes on to defend such a position.
  30. ↑ Mishna Brurah 1:2
  31. ↑ Chelkat Yakov OC 1:1
  32. ↑ Yalkut Yosef (vol 1 pg 7), Sh”t Yabia Omer 5:1, Sh”t Otzrot Yosef 1:1
  33. ↑ The Tolat Yacov (Seder Netilat Yadayim) quotes the Zohar saying that it is forbidden to walk 4 amot prior to washing Netilat Yadayim. (1) The Bach (beginning of 4) writes that S”A did not quote the Zohar because many people would not be able to fulfill the law. Sh”t Shevut Yaakov 3:1 defends the minhag by saying that either the entire law of the Zohar is not applicable since the Talmud Balvi argues on it, or that the entire house is considered within 4 amot. The Eliyah Rabba 1:4 argues on the Shevut Yaakov but defends the minhag by saying that perhaps the law does not apply nowadays. The Lechem Mishneh (Shevitat Esor 3:12) and Yam Shel Shlomo (Chullin 31)agree. (2) On the other hand the Chida (Birkei Yosef 1:1) writes that it is a serious Halacha, most people are strict about, therefore if the water is far away one should walk less than 4 amot at a time to get the water. So writes the Shalmei Tzibbur 18c, Chesed LeAlaphim 4:12, Ruach Chaim 4:1, and Petach Dvir 4:1. However, the Shaarei Teshuva 1:2 and Siddur Bet Ovad 6:3 argue that if the water is far away one should rush to get to the water as soon as one can. (3) In conclusion, Sh”t Otzrot Yosef 1:2 writes in the name of Rav Ovadyah Yosef that in cases of need, one may rely on the lenient opinions especially if one went to sleep after Chatzot. So too, Mishna Brurah 1:2 writes that one may rely on the Shevut Yaakov (that a house is like 4 amot) in cases of great need. Rav Mordechai Lebhar (Magen Avot, Orach Chaim 4:18) writes that many are lenient to assume that the whole house is like one's four amot, but scrupulous individuals are careful about this.
  34. ↑ Mishna Brurah 4:14, Yalkut Yosef 4:35, Yabia Omer OC 4:1, Otzrot Yosef 1:10, Or LeTzion 2:1:4.
    • Bet Yosef 4:5 clarifies that according to Rashi and Tur there's no issue with someone who didn't wash netilat yadayim to touch food and that's his opinion in Shulchan Aruch 4:5. However, the Bach 4:2, Taz 4:4, and Biur Hagra 4:4 argue with the Bet Yosef's understanding and say that someone who didn't wash netilat yadyaim should be very careful not to touch food.
    • Chaye Adam 2:2 writes that one posek who was strict on food even after the fact. The Chaye Adam distinguishes between beer and other food and only beer is forbidden after the fact. However, Yabia Omer OC 4:1 cites the Tosefet Maaseh Rav n. 25 who quotes a story of the Gra where he said that they should throw out an apple that was touched before Netilat Yadayim after sleeping. This story indicates that there's no distinction between beer and other foods.
  35. ↑ Chaye Adam 2:2 cited by Yabia Omer 4:1
  36. ↑ Yalkut Yosef 4:33
  37. ↑ Shulchan Aruch 4:3. Halacha Brurah 4:23 says we're machmir not to even touch these areas even just the skin on the outside.
  38. ↑ Mishna Brurah 4:12 writes that if possible one shouldn't even touch one's eyelids before washing Netilat Yadayim. The Chida in Shiurei Bracha 4:3 writes that although the Yavetz was lenient about touching the eyelids he is incorrect. The Sefer Chasidim 155 implies that it is an issue.
  39. ↑ Shulchan Aruch 92:5 writes that if there was an interruption between the washing upon rising in the morning and praying, one should wash one's hands if water is available. This is brought down in Yalkut Yosef (Tefilah pg 330).
  40. ↑ Mishna Brurah 92:26 writes that since one cannot find water for Stam hands (they are in doubt as to their cleanliness) one does not need to wash them, but should rub them against that which cleanses them.
  41. ↑ Mishna Brurah 92:27 writes that this applies only if one has Stam hands(they are in doubt as to their cleanliness). Shulchan Aruch is lenient and states one does not have to search for water if it is not around, however if there is a certain impurity such as if one touched an unclean area or went to the bathroom, one certainly must wash hands. Kaf Hachayim 4:86 writes that if one is in the middle of the Shmoneh Esrei and one realizes one touched something that would obligate one to wash, one should just wipe one's hands on "midi diminakei" such as one's clothes, wood, or stone.
  42. ↑ Mishna Brurah 92:25 writes that implied in the Shulchan Aruch is, that not only does Shmoneh Esrei require clean hands, but for learning Torah, Kriyat Shema or Brachot Stam hands (they are in doubt, they are not certainly clean or unclean) are sufficient. However, Mishna Brurah also quotes the Pri Megadim 4, who writes that Kriyat Shema does need washed hands.
  43. ↑ Halacha Brurah 4:47
  44. ↑ Kitzur Shulchan Aruch 2:8, Or Letzion 2:1:7, Dinei Nieyor Kol HaLaylah (pg 42) in name of Rav Chaim Kanievsky
  45. ↑ Ishei Yisrael 2:33 note 110, Piskei Teshuvot
  46. ↑ Halacha Brurah 4:47
  47. ↑ Mishna Brurah 4:27, Ishei Yisrael 2:33, Birkei Yosef 4:5
  48. ↑ The Shulchan Aruch Orach Chaim 4:13 writes that there is a doubt whether one makes a bracha on Netilat Yadayim the morning after staying up all night. Similarly, the Rama (4:13) comments that one should do Netilat Yadayim without a bracha.
    • The source of the Shulchan Aruch's doubt is the dispute for doing Netilat Yadayim in the morning. The Rosh (Brachot 9:23) says because one's hands are "עסקניות" (literally busy) and they may have touched an unclean part of the body during one's sleep, one is obligated to do Netilat Yadayim in the morning. To support to his view, that we wash our hands for cleanliness before prayer, he quotes the pasuk from Tehilim 26:6 "אֶרְחַץ בְּנִקָּיוֹן כַּפָּי ". On the other hand, the Rashba (Teshuvat HaRashba 1:191) argues on the Rosh claiming that there is no source for the idea of the Rosh. Rather the reason is that we are purifying our hands for the whole day (theoretically even to cover washing before bread) and the reason that we do it specifically before Shacharit is that when we wake up in the morning it is as if we are created anew as it says in Eicha 3:23 חֲדָשִׁים לַבְּקָרִים רַבָּה אֱמוּנָתֶךָ.
    • A practical difference (explained by the Bet Yosef 4:13) that emerges from this dispute would be the case of a person who did not go to sleep at night. According to the Rosh, since one did not go to sleep there is no doubt that as to whether a person touched an unclean area and so, there is no need for Netilat Yadayim. On the other hand, the Rashba holds that since we are created new everyday we need Netilat Yadayim even if one did not go to sleep that night. Another concern that compounds the doubt of the Shulchan Aruch is the aspect of רוח רעה that is mentioned by the Tur (4:1), taking that into consideration even according to the Rosh one should still need to do Netilat Yadayim. Though based on a quote from the Zohar (Vayishlach 169b), the Bet Yosef ( Ibid) argues that the issue of רוח רעה only applies to the nighttime.
    • Rav Ovadiah (Chazon Ovadiah, Shavuot, note 25) mentions that even though the Maharsham (3:126) holds that one even makes a bracha on Netilat Yadayim of Birkat Cohanim and going to the bathroom, we do not hold like the Maharsham in this Halacha.
    • The Mishna Brurah (4:27) adds that if one indeed went to sleep and had a שינת קבע (a substantial sleep) on one's bed, then one makes Netilat Yadayim with a bracha.
  49. ↑ Piskei Teshuvot 1:6 writes that it is preferable to wash when one wakes up the first time, however, one shouldn't recite a bracha since one is not ready to daven as in Beiur Halacha 4:1 s.v. Afilu. Halichot Shlomo (Tefillah pg 170) and Yalkut Yosef 4:25 agree.
  50. ↑ Or Letzion 2:1:2
  51. ↑ If someone wakes up in the middle of the night do they have to wash netilat yadayim? Eshel Avraham 4:1 s.v. mmori is lenient if one wakes up in the middle of the night to go to the bathroom that he doesn't have to wash netilat yadayim before walking 4 amot since one is planning on going back to sleep. Torat Yekutiel 1:1:2 writes that one can rely on the Eshel Avraham 4:1 even if it isn't an extenuating circumstance but someone with Yirat Hashem shouldn't be lenient unless it is an extenuating circumstance. Piskei Teshuvot 1:6 quotes this and suggests that the Mishna Brurah agrees that there's no obligation unless one is planning on staying up. However, the Zachor Lavraham 1:50, Kaf Hachaim 1:7 and 4:4, and Mishmeret Shalom 1:3 (all cited by Yabia Omer OC 4:2:13) argue with the Eshel Avraham.
    • Shulchan Aruch O.C. 4:23 writes that if a person went to sleep with pajamas he can recite brachot hashachar without first washing netilat yadayim. This is based on the Rosh Brachot 9:23, Rashba responsa 1:153, and Rambam Tefillah 7:3-4. Aruch Hashulchan 4:20 accepts Shulchan Aruch. However, the Birkei Yosef 4:8 argues that according to the Zohar 1:10b it is forbidden to recite brachot without netilat yadyaim since there's a ruach raah on one's hands. Shaarei Teshuva 4:30 and Mishna Brurah 4:61 cite the Zohar. Mishna Brurah 4:61 concludes that one should be strict if one has water. Or Letzion 2:1:8 writes that if it is difficult to do netilat yadayim it is permitted to make a bracha in order to drink without washing one's hands. He explains that one can rely on Shulchan Aruch in such a case. Yabia Omer O.C. 4:2 and Yalkut Yosef 4:24 agree. He explains that one should first rub one's hands against something that would clean them such as one's blanket before reciting the bracha.
  52. ↑ Shulchan Aruch Harav Mehudra Tinyana 1:7 writes that one shouldn't be strict for the Zohar to learn before washing one's hands if it'll lead to bitul torah. Mishna Brurah 1:2 and Piksei Teshuvot 4:32 agree.
  53. ↑ Shraga Hameir 3:103 quotes poskim who are lenient such as the Eshel Avraham not to require netilat yadayim if one is planning on going back to sleep and he implies that one can be lenient if it'll wake up his wife. Piksei Teshuvot 1 fnt. 41 quotes this as a leniency and elaborates upon it.
  54. ↑ Beiur Halacha 4:1 s.v. Afilu as ruling like the Chaye Adam, Ishei Yisrael 2:31, Dinei Nieyor Kol HaLaylah (pg 42), Halichot Olam 2:23, See Piskei Teshuvot 4:2 who writes that it is both legitimate to hold and practice like either the Chaye Adam or like the Mekubalim.
  55. ↑ Shulchan Aruch O.C. 4:14, Mishna Brurah 4:31, Yalkut Yosef 4:11, Ishei Yisrael 2:31, Zachor LAvraham 1:50
  56. ↑ Beiur Halacha 4:13 s.v. Kol, Ishei Yisrael 2:32, Dinei Nieyor Kol HaLaylah (pg 41)
  57. ↑ Mishna Brurah 6:2 writes that one should recite the bracha prior to drying one's hands, however, some are strict to recite the bracha only after drying them. The Ben Ish Chai (Toldot no. 5) says that the Sephardi minhag is to recite the bracha prior to drying one's hands. Yalkut Yosef 4:19 and Kaf HaChaim 4:8 agree.
  58. ↑ Shulchan Aruch 6:2
  59. ↑ Eshel Avraham 343:1 writes that there's not as much of an issue of chatzitza with the netilat yadayim when you wake up since one's hands aren't dirty in the area that was covered by a chatzitza. Dirshu 4:27 cites Shulchan Aruch Harav in the Siddur and Chazon Ish Igrot 1:4 who are strict to remove chatzitzot before netilat yadayim in the morning.
  60. ↑ Pri Megadim (M"Z 4:7), Mishna Brurah 4:10, Kaf Hachayim 4:20, Yalkut Yosef 4:15, and Halacha Brurah 4:21. Kaf HaChaim points out that in fact, women may have a greater obligation because they have more control over the purity of their houses since they prepare the food and feed the children.
  61. ↑ Rav Simcha Bunim Cohen (Children in Halacha page 14), Shulchan Aruch haRav 4:2.
    • Rav Shlomo Zalman Auerbach in Halichot Shlomo 20:25 say that the obligation for children to wash begins at the age of chinuch as for other mitzvot which is approximately 5 or 6.
    • Mishna Brura 4:10 says that one should be careful with young children, and doesn't clarify if this is only once they reach the age of chinuch (he only says they should be careful because they touch food)
  62. ↑ Shulchan Aruch haRav 4:2 says one should be careful starting after the brit milah to wash his son's hands. The Kaf Hachayim 4:23 and Ben Ish Chai (Toldot #10) say that even a newborn's hands should be washed by their parents.
    • The Chazon Ish (cited by Daat Noteh p. 141, Dirshu 4:23) is strict as long as the baby is old enough to touch something. See further Rabbi Neustadt at torah.org
    • Shu"t Tzitz Eliezer 7:2:10 says there is no obligation before the age of chinuch, but to get the child into a good habit, it is advisable to wash his hands even before the age of chinuch. However, do not put pressure on the child, but do it pleasantly as there is no issue if they touch food. Similarly, Halichos Bas Yisroel perek 1 footnote 22 quotes in the name of Rav Moshe Feinstein that although it is not required, it is a good idea to wash the hands of your children even before the age of chinuch. Yalkut Yosef Dinei Chinuch Katan pg. 23 agrees that it is a good idea to begin before the age of chinuch to raise the children with purity.
    • Rav Yaakov Kamenetsky in Emet LeYacov 4:10 says that it begins when a child is old enough to say amen to a bracha or recite a pasuk in Torah.
  63. ↑ Rav Simcha Bunim Cohen (Children in Halacha page 15), Chinuch Yisroel page 63, Yalkut Yosef Dinei Chinuch Katan pg. 25
  64. ↑ Rav Simcha Bunim Cohen (Children in Halacha page 15), Chinuch Yisroel page 63
    Shu"t Tzitz Eliezer 7:2:4 says one can still learn with a child who touches their scalp or shoes.
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