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[[Image:Learning Torah.jpg|300px|right]]
[[Image:Learning Torah.jpg|300px|right]]
Before one learns Torah one must recite the Birchot HaTorah, praising God for giving us, the Chosen Nation, His Torah, and beseeching Him to make it sweet for us and our descendants.
Before one learns Torah one must recite the Birchot HaTorah, praising God for giving us, the Chosen Nation, His Torah, and beseeching Him to make it sweet for us and our descendants.
==Obligation==
==The Obligation to Recite Birchot HaTorah Daily==
# The level of obligation of Birkot HaTorah is subject to debate. Some say it is a Torah-level obligation, while others argue it is merely rabbinic.<ref> Ramban in Sefer HaMitzvot of the Rambam adds Birkat HaTorah as a Mitzvah Deoraita based on Gemara Brachot which learns these brachot from the pasuk ''“Ki Shem Hashem Ekrah Havu Godel LeElokenu"''. See Mishkenot Yaakov OC 43 for more details. See Ramban there and Minchat Chinuch 430:5 who classify these brachot as brachot of praise (Birkot HaShevach). Because of the dispute in the [[Rishonim]] as to whether these brachot are Deoraita or Derabanan the rule of [[Safek Brachot LeHakel]] still applies. </ref>
# The level of obligation of Birchot HaTorah is subject to debate. Some say it is a Torah-level obligation, while others argue it is merely rabbinic.<ref> Ramban in Sefer HaMitzvot of the Rambam adds Birkat HaTorah as a Mitzvah Deoraita based on Gemara Brachot which learns these brachot from the pasuk ''“Ki Shem Hashem Ekrah Havu Godel LeElokenu"''. See Mishkenot Yaakov OC 43 and Mishnah Berurah 47:1 for more details. See Ramban there and Minchat Chinuch 430:5 who classify these brachot as brachot of praise (Birkot HaShevach). Because of the dispute in the [[Rishonim]] as to whether these brachot are Deoraita or Derabanan the rule of [[Safek Brachot LeHakel]] still applies. </ref>
===Women===
# Women are obligated in making the Birchot HaTorah.<ref> Shulchan Aruch 47:14, Magen Avraham 47:17 explains that it is because women have to learn the Halachot relevant to them. Minchat Chinuch 430:5 says that women can make these brachot because it is a praise of Hashem for giving us the Torah. The Gra 47:18 argues that women should not have to make the brachot since they are exempt from Torah learning. However he allows women to make the brachot like any other mitzvah from which women are exempt, Ashkenazic custom is to allow them to make a bracha. </ref>
===The Proper Mindset for Birkot HaTorah===
# One should be very careful to say Birchot HaTorah before learning.<Ref>Shulchan Aruch 47:1</ref> The brachot should be said with great [[Simcha]] (happiness) for being fortunate enough to be chosen and be privileged with the Torah.<ref>Mishna Brurah 47:4 </ref>
# One should be very careful to say Birchot HaTorah before learning.<Ref>Shulchan Aruch 47:1</ref> The brachot should be said with great [[Simcha]] (happiness) for being fortunate enough to be chosen and be privileged with the Torah.<ref>Mishna Brurah 47:4 </ref>
# One should be particularly careful about saying the Birchot HaTorah because they show one's appreciation of Hashem’s gift of Torah to the Jewish people.<ref> Shulchan Aruch 47:1. Gemara Nedarim 81a it is maintained that because the Jews did not say Birchot HaTorah the fist Bet HaMikdash and [[Israel]] was destroyed. The Bach 47:1 explains that their intention was to learn Torah just to learn the knowledge and be arrogant in their wisdom. They did not internalize the holiness of Torah into their body and soul and this caused Hashem’s Shechina to be removed. </ref>
==Someone Who Forgot to Recite the Brachot==
# The bracha of Ahavat Olam (the second bracha of [[Kriyat Shema|Birchot Kriyat Shema]]) exempts one’s obligation of Birchot HaTorah only if one learns immediately after tefillah.<ref> Shulchan Aruch 47:7 based on Brachot 11b says that one can fulfill one's obligation of reciting the brachot with the bracha before Shema. Mishna Brurah 47:15 in name of Levush says that one can finish tefillah and it is not considered an interruption. Beiur Halacha s.v. Im Lamad implies from the Or Zaruh that finishing tefillah is ok but talking would be an interruption.  </ref>
===One Who is Unsure If He Recited The Berachot===
# Someone who is in doubt as to whether they have already recited Birchot HaTorah, preferably should hear someone else make the brachot (the listener should have intent to be fulfilling his obligation by listening to the other person making the brachot and the speaker should have intent to fulfill his own as well as the listeners obligation by reciting the brachot), otherwise one should have intent to fulfill the obligation with the bracha of Ahavah Rabba or Ahavat Olam and learn right after [[davening]]. If that is not possible, according to Ashkenazim, one may make the bracha of the Asher Bacher Banu. <Ref>Mishna Brurah 47:1 </ref> However, according to Sephardim, if one can not hear the bracha from someone else or have intent that one's bracha of Ahavat Olam fulfills one's obligation, one should not say the brachot.<reF>Sephardim do not make a bracha because it is a [[safek brachot lehakel]] since it is a dispute in the rishonim whether Birchot HaTorah are Deoritta (Ramban) or Derabanan (Rambam). This is also the opinion of (Yalkut Yosef Hilchot Pesukei DeZimrah 47:2 pg 60). Orchot Maran 5:6 writes that once when Rav Ovadia Yosef wasn't sure if he recited Birchot Hatorah asked him, Rav Dovid Yosef, to recite it for him. Ashkenazim can make the Asher Bachar Banu bracha as the Mishna Brurah 47:1 says in the name of the Shagat Aryeh.</ref>
===One Who Cannot Recite the Berachot===
# There is a dispute whether it is forbidden to learn Torah without brachot hatorah when one can't otherwise recite brachot.<ref>Rav Nevinsal in Mishna Brurah 47:28 quotes Rav Shlomo Zalman and Chazon Ish who held that it is permitted to learn when one can't recite the brachot because of safek brachot lehakel. See Minchat Shlomo 91:1 s.v. agav.</ref>
# There is a dispute whether it is forbidden to learn Torah without brachot hatorah when one can't otherwise recite brachot.<ref>Rav Nevinsal in Mishna Brurah 47:28 quotes Rav Shlomo Zalman and Chazon Ish who held that it is permitted to learn when one can't recite the brachot because of safek brachot lehakel. See Minchat Shlomo 91:1 s.v. agav.</ref>


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## ''Baruch Atta Hashem… Asher Bachar Banu Mekol HaAmim… Baruch Atta Hashem Noten HaTorah''<ref> Shulchan Aruch Orach Chaim 47:5 </ref>
## ''Baruch Atta Hashem… Asher Bachar Banu Mekol HaAmim… Baruch Atta Hashem Noten HaTorah''<ref> Shulchan Aruch Orach Chaim 47:5 </ref>


==The Extent of the Obligation==
==What Type of Learning Requires Birchot HaTorah?==
# One should be particularly careful about saying the Birchot HaTorah because they show one's appreciation of Hashem’s gift of Torah to the Jewish people.<ref> Shulchan Aruch 47:1. Gemara Nedarim 81a it is maintained that because the Jews did not say Birchot HaTorah the fist Bet HaMikdash and [[Israel]] was destroyed. The Bach 47:1 explains that their intention was to learn Torah just to learn the knowledge and be arrogant in their wisdom. They did not internalize the holiness of Torah into their body and soul and this caused Hashem’s Shechina to be removed. </ref>
# Some hold Birchot HaTorah are a Biblical Mitzvah and some consider it a Rabbinic institution. <Ref>Mishna Brurah 47:1 </ref>
# Someone who is in doubt as to whether they have already recited Birchot HaTorah, preferably should hear someone else make the brachot (the listener should have intent to be fulfilling his obligation by listening to the other person making the brachot and the speaker should have intent to fulfill his own as well as the listeners obligation by reciting the brachot), otherwise one should have intent to fulfill the obligation with the bracha of Ahavah Rabba or Ahavat Olam and learn right after [[davening]]. If that is not possible, according to Ashkenazim, one may make the bracha of the Asher Bacher Banu. <Ref>Mishna Brurah 47:1 </ref> However, according to Sephardim, if one can not hear the bracha from someone else or have intent that one's bracha of Ahavat Olam fulfills one's obligation, one should not say the brachot.<reF>Yalkut Yosef 47:2 writes that since there are some who hold Birchot haTorah are derabbanan if one is in doubt one should not say the bracha based on the klal of [[safek brachot lehakel]].</ref>
# One has to make Birchot HaTorah for any learning including Torah, Midrash, Mishna, and Gemara.<ref> [[Brachot]] 11b, Shulchan Aruch 47:2, Yalkut Yosef 47:2 </ref>
# One has to make Birchot HaTorah for any learning including Torah, Midrash, Mishna, and Gemara.<ref> [[Brachot]] 11b, Shulchan Aruch 47:2, Yalkut Yosef 47:2 </ref>
# Women are obligated in making the Birchot HaTorah.<ref> Shulchan Aruch 47:14, Magen Avraham 47:17 explains that it is because women have to learn the Halachot relevant to them. Minchat Chinuch 430:5 says that women can make these brachot because it is a praise of Hashem for giving us the Torah. The Gra 47:18 argues that women should not have to make the brachot since they are exempt from Torah learning. However he allows women to make the brachot like any other mitzvah from which women are exempt, Ashkenazic custom is to allow them to make a bracha. </ref>
==What Type of Learning Requires Birchot HaTorah?==
# Writing Torah even without reading, if one understands what one is writing, is considered learning for which one has to make Birchot HaTorah.<ref> Shulchan Aruch 47:3 based on Avudraham (Birchot Hashachar beginning). Magen Avraham 47:1 adds that one has to understand what one is writing in order for it to be considered learning, but just copying over text is not learning. This is also the opinion of Biur Heitev 47:2. </ref>
# Writing Torah even without reading, if one understands what one is writing, is considered learning for which one has to make Birchot HaTorah.<ref> Shulchan Aruch 47:3 based on Avudraham (Birchot Hashachar beginning). Magen Avraham 47:1 adds that one has to understand what one is writing in order for it to be considered learning, but just copying over text is not learning. This is also the opinion of Biur Heitev 47:2. </ref>
# According to Ashkenazim, because of a dispute one should not think Torah before making Birchot HaTorah, however it is permissible to do a Mitzvah even though it will cause one to think about the laws of the Mitzvah.<ref>Mishna Brurah 47:7 because of the Gra who argues on Shulchan Aruch. </ref> However, according to Sephardim thinking words of Torah does not require Birchot HaTorah and so it is permissible to think Torah before Birchat HaTorah.<ref> Shulchan Aruch 47:4 based on Shabbat 151a, Agur 2, and Tosfot 20b s.v. VeRav Chisda. This is also the opinion of Yalkut Yosef (vol 3 pg 81) that it is permissible to think Torah before Birchat HaTorah. </ref>
# According to Ashkenazim, because of a dispute one should not think Torah before making Birchot HaTorah, however it is permissible to do a Mitzvah even though it will cause one to think about the laws of the Mitzvah.<ref>Mishna Brurah 47:7 because of the Gra who argues on Shulchan Aruch. </ref> However, according to Sephardim thinking words of Torah does not require Birchot HaTorah and so it is permissible to think Torah before Birchat HaTorah.<ref> Shulchan Aruch 47:4 based on Shabbat 151a, Agur 2, and Tosfot 20b s.v. VeRav Chisda. This is also the opinion of Yalkut Yosef (vol 3 pg 81) that it is permissible to think Torah before Birchat HaTorah. </ref>
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# According to many poskim one may perform mitzvot without reciting birchot hatorah.<ref>Gra 47:10 writes that one may perform mitzvot without reciting Birchot Hatorah since thinking about them isn't done with the intention to learn. Mishna Brurah 47:7 follows the Gra. However, the Bikkurei Yakov 644:1 writes that before shaking the lulav one should recite birchot hatorah. (See Agur siman 1 cited by Bet Yosef 47:11 who writes that observing halacha in the bathroom prevents one from having an interruption for one's brachot hatorah since that is like learning. That implies observing halacha and certainly mitzvot is like learning. But the Biur Hagra 47 s.v. vhu hadin writes that the Agur is incorrect because observing mitzvot isn't learning. Also, see Biur Halacha 588:2 s.v. shma who suggests that thinking about mitzvot is like learning Torah with respect to learning in the bathroom.)</ref>
# According to many poskim one may perform mitzvot without reciting birchot hatorah.<ref>Gra 47:10 writes that one may perform mitzvot without reciting Birchot Hatorah since thinking about them isn't done with the intention to learn. Mishna Brurah 47:7 follows the Gra. However, the Bikkurei Yakov 644:1 writes that before shaking the lulav one should recite birchot hatorah. (See Agur siman 1 cited by Bet Yosef 47:11 who writes that observing halacha in the bathroom prevents one from having an interruption for one's brachot hatorah since that is like learning. That implies observing halacha and certainly mitzvot is like learning. But the Biur Hagra 47 s.v. vhu hadin writes that the Agur is incorrect because observing mitzvot isn't learning. Also, see Biur Halacha 588:2 s.v. shma who suggests that thinking about mitzvot is like learning Torah with respect to learning in the bathroom.)</ref>


==Someone Who Forgot to Make the Brachot==
# The bracha of Ahavat Olam (the second bracha of [[Kriyat Shema|Birchot Kriyat Shema]]) exempts one’s obligation of Birchot HaTorah only if one learns immediately after tefillah.<ref> Shulchan Aruch 47:7 based on Brachot 11b says that one can fulfill one's obligation of reciting the brachot with the bracha before Shema. Mishna Brurah 47:15 in name of Levush says that one can finish tefillah and it is not considered an interruption. Beiur Halacha s.v. Im Lamad implies from the Or Zaruh that finishing tefillah is ok but talking would be an interruption.  </ref>
# If one forgot whether one said the Birchot HaTorah (and had not yet said Ahavat Olam), Sephardim should not make a bracha, but Ashkenazim can make the Asher Bachar Banu bracha.<ref>Sephardim do not make a bracha because it is a [[safek brachot lehakel]] since it is a dispute in the rishonim whether Birchot HaTorah are Deoritta (Ramban) or Derabanan (Rambam). This is also the opinion of (Yalkut Yosef Hilchot Pesukei DeZimrah 47:2 pg 60). Orchot Maran 5:6 writes that once when Rav Ovadia Yosef wasn't sure if he recited Birchot Hatorah asked him, Rav Dovid Yosef, to recite it for him. Ashkenazim can make the Asher Bachar Banu bracha as the Mishna Brurah 47:1 says in the name of the Shagat Aryeh. </ref>


#If one forgot to say [[Birchot HaTorah]] and remembered in middle of [[Pesukei DeZimrah]] one should say it between the paragraphs in [[Pesukei DeZimrah]].<ref>Mishna Brurah 51:10 </ref>
#If one forgot to say [[Birchot HaTorah]] and remembered in middle of [[Pesukei DeZimrah]] one should say it between the paragraphs in [[Pesukei DeZimrah]].<ref>Mishna Brurah 51:10 </ref>
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#If one forgot to say [[Birchot HaTorah]] before [[davening]] and only remembered afterwards and did not learn right after [[davening]], one should not say [[Birchot HaTorah]] because there is a doubt amongst poskim as to whether one fulfilled one’s obligation.<ref>Sulchan Aruch 47:8 </ref>
#If one forgot to say [[Birchot HaTorah]] before [[davening]] and only remembered afterwards and did not learn right after [[davening]], one should not say [[Birchot HaTorah]] because there is a doubt amongst poskim as to whether one fulfilled one’s obligation.<ref>Sulchan Aruch 47:8 </ref>


==When to Say Birchot HaTorah==
==When to Recite Birchot HaTorah==


#One should say [[Birchot HaTorah]] prior to saying any pesukim as [[tefillah]].<ref>Shulchan Aruch 46:9, Mishna Brurah 46:27 </ref>
#One should say [[Birchot HaTorah]] prior to saying any pesukim as [[tefillah]].<ref>Shulchan Aruch 46:9, Mishna Brurah 46:27 </ref>


==How They Are to Be Said==
==How to Recite Birchot HaTorah==
# The brachot can be said standing or sitting.<ref> Yalkut Yosef 47:15 pg 94 </ref>
# The brachot can be said standing or sitting.<ref> Yalkut Yosef 47:15 pg 94 </ref>
# It is good to recite one's bracha out loud, to enable others to respond [[Amen]]. However, this is not an obligation.<ref> Sh"t Rivivot Ephraim 1:39:2 </ref>
# Some say that one can interrupt between the brachot and the learning, but it is correct not to do so, and so the practice is the say the Parshat [[Birkat Cohanim]] right after the brachot.<ref> Shulchan Aruch 47:9. Tosfot Brachot 11b s.v. Shkevar in name of the Ri, Rabbenu Yonah 5b, and Mordechai 31 hold an interruption is not a problem. Rambam (as understood by Bet Yosef) holds one may not make an interruption. Magen Avraham 47:8 says that one can say these psukim even before daylight unlike the Maharshal who says one does not read psukim of [[Birkat Cohanim]] at night. </ref>
# Some say that one can interrupt between the brachot and the learning, but it is correct not to do so, and so the practice is the say the Parshat [[Birkat Cohanim]] right after the brachot.<ref> Shulchan Aruch 47:9. Tosfot Brachot 11b s.v. Shkevar in name of the Ri, Rabbenu Yonah 5b, and Mordechai 31 hold an interruption is not a problem. Rambam (as understood by Bet Yosef) holds one may not make an interruption. Magen Avraham 47:8 says that one can say these psukim even before daylight unlike the Maharshal who says one does not read psukim of [[Birkat Cohanim]] at night. </ref>
# It is good to recite one's bracha out loud, to enable others to respond [[Amen]]. However, this is not an obligation.<ref> Sh"t Rivivot Ephraim 1:39:2 </ref>


==Interruptions That Would Require New Brachot==
==Interruptions That Would Require New Brachot==
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* Rivevot Efraim 5:43 quotes Rav Chaim Kanievsky, Rav Chaim Dovid Halevi, Halichot Bayta p. 20, and Halichot Bat Yisrael p. 118 who say that who do not need to make new brachot hatorah multiple times a day. Minchat Chen 1:4 and Halichot Shlomo 1:4 agree. Rav Shlomo Zalman explained it based on the fact that the women are cognizant of halacha all day.</ref>
* Rivevot Efraim 5:43 quotes Rav Chaim Kanievsky, Rav Chaim Dovid Halevi, Halichot Bayta p. 20, and Halichot Bat Yisrael p. 118 who say that who do not need to make new brachot hatorah multiple times a day. Minchat Chen 1:4 and Halichot Shlomo 1:4 agree. Rav Shlomo Zalman explained it based on the fact that the women are cognizant of halacha all day.</ref>


==Nighttime==
===Nighttime===
# The night goes after the day with regards to Birchot HaTorah; therefore, one does not make new Birchot HaTorah when night begins. However, if one goes to sleep at night, one will need to make new Birchot HaTorah when one wakes up.<ref> Shulchan Aruch O.C. 47:12, Mishna Brurah 47:28 </ref>.
# The night goes after the day with regards to Birchot HaTorah; therefore, one does not make new Birchot HaTorah when night begins. However, if one goes to sleep at night, one will need to make new Birchot HaTorah when one wakes up.<ref> Shulchan Aruch O.C. 47:12, Mishna Brurah 47:28 </ref>.
# If one woke up before [[Olot HaShachar]] (after [[Chatzot]]) and wants to learn, one should make Birchot HaTorah even if one will go to sleep afterwards. If one does go back to sleep Shinat Kevah during the night, there is what to rely on to make Birchot HaTorah a second time. <Ref> Mishna Brurah 47:29,30 </ref>
# If one woke up before [[Olot HaShachar]] (after [[Chatzot]]) and wants to learn, one should make Birchot HaTorah even if one will go to sleep afterwards. If one does go back to sleep Shinat Kevah during the night, there is what to rely on to make Birchot HaTorah a second time. <Ref> Mishna Brurah 47:29,30 </ref>
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* Aruch Hashulchan 47:23 agrees with only saying it once but presents a compromise to determine when to say it. If a person woke up before Chatzot and is going to go back to sleep he shouldn't recite Birchot Hatorah, but he is woke up after Chatzot and is going to go back to sleep he should recite Birchot Hatorah. Aromemcha Elokay Hamelech p. 87 quotes Rav Tzvi Weber who agrees with the Aruch Hashulchan.</ref>
* Aruch Hashulchan 47:23 agrees with only saying it once but presents a compromise to determine when to say it. If a person woke up before Chatzot and is going to go back to sleep he shouldn't recite Birchot Hatorah, but he is woke up after Chatzot and is going to go back to sleep he should recite Birchot Hatorah. Aromemcha Elokay Hamelech p. 87 quotes Rav Tzvi Weber who agrees with the Aruch Hashulchan.</ref>


==Waking up in Middle of the Night==
===Waking up in Middle of the Night===
# See the [[Waking_up_in_the_middle_of_the_night|Waking up in the Middle of the Night]] page.
# See the [[Waking_up_in_the_middle_of_the_night|Waking up in the Middle of the Night]] page.


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