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Birchot HaTorah: Difference between revisions

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# 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>
# 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===
# Women are obligated in making the Birchot HaTorah.<ref> Shulchan Aruch Orach Chaim 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>
# Women may recite Birchot HaTorah daily.<ref>Shulchan Aruch Orach Chaim 47:14, Magen Avraham 47:17 explains that it is because women have to learn the Halachot relevant to them.</ref> Some say they are obligated to, while others argue it is optional.<ref>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 recite the brachot since they are exempt from Torah learning. However, he allows women to recite the brachot like any other mitzvah from which women are exempt, Ashkenazic custom is to allow them to make a bracha. See Piskei Teshuvot 47 fn. 162 for a comprehensive list.<br/>
# If a woman is unsure if she recited Birchot HaTorah, she may not recite them out of doubt, even according to those who argue reciting Birchot HaTorah is a Torah level obligation.<Ref>Kaf HaChaim Orach Chaim 47:34, Yalkut Yosef Orach Chaim 47:19, Halacha Berurah 47:27, Otzrot Yosef 21.</ref>
Rav Ben Tzion Abba Shaul (Or LeTzion 2:4:10) is quoted weighing the various reasons and concluding that women are not obligated but should still recite the Berachot because they and anybody recite the beracha on the pleasure of Torah study, and it's like they are obligated, because they get reward from their husband and children's Torah study. Rav Ovadia (Yabia Omer 9 OC 108 fn. 5) rejects his reasoning.</ref>
# If a woman is unsure if she recited Birchot HaTorah, she may not recite them out of doubt, even according to those who argue reciting Birchot HaTorah is a Torah level obligation.<Ref>Kaf HaChaim, Orach Chaim 47:34, Yalkut Yosef Orach Chaim 47:19, Halacha Berurah 47:27, Otzrot Yosef 21.</ref>


===The Proper Mindset for Birkot HaTorah===
===The Proper Mindset for Birkot HaTorah===
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#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>
#If one forgot to say Birchot HaTorah and only remembered in [[Kriyat Shema|Brachot Kriyat Shema]] one should not interrupt to say the [[Brachot]] but rather have intent to fulfill one’s obligation of [[Birchot HaTorah]] with Ahavat Olam and then learn a little right after [[davening]].<ref>Mishna Brurah 52:9 </ref>
#If one forgot to say Birchot HaTorah and only remembered in [[Kriyat Shema|Brachot Kriyat Shema]] one should not interrupt to say the [[Brachot]] but rather have intent to fulfill one’s obligation of [[Birchot HaTorah]] with Ahavat Olam and then learn a little right after [[davening]].<ref>Mishna Brurah 52:9 </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>
#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>Shulchan Aruch, Orach Chaim 47:8 </ref>


===One Who is Unsure If He Recited The Berachot===
===One Who is Unsure If He Recited The Berachot===
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==Interruptions That Would Require New Brachot==
==Interruptions That Would Require New Brachot==
===Engaging in Non-Torah Activities===
===Engaging in Non-Torah Activities===
# One who stops his learning by means of working, bathing, or sleeping, is not considered to have interrupted his learning and he does not recite new brachot.<ref> Shulchan Aruch Orach Chaim 47:10. See Tosfot Berachot 11b.  
# One who stops his learning by means of working, bathing, or sleeping, is not considered to have interrupted his learning and he does not recite new brachot.<ref> Shulchan Aruch Orach Chaim 47:10. See Tosfot, Berachot 11b.  
* Tosfot Brachot 11a ask why a person does not need to recite Birchot HaTorah again when they stop their learning and then go back to learning. The answer given, is that a person never gives up thinking about going back to learning because a person should learn whenever he has free time. The Rosh Brachot 1:13 and Hagahot Maimoniyot (Tefillah 7:9) agree.  
* Tosfot, Brachot 11a ask why a person does not need to recite Birchot HaTorah again when they stop their learning and then go back to learning. The answer given, is that a person never gives up thinking about going back to learning because a person should learn whenever he has free time. The Rosh Brachot 1:13 and Hagahot Maimoniyot (Tefillah 7:9) agree.  
* The Agur (cited by Divrei Chamudot Brachot 1:76) explains that the reason there is no interruption when it comes to Birchot HaTorah is because a person is always involved in activities that require following halacha. The observance of halacha keeps a person’s mind connected to learning. Shulchan Aruch Orach Chaim 47:10 holds that going to work or going to the bathroom is not considered an interruption and you do not therefore have to recite Birchot HaTorah again. </ref>
* The Agur (cited by Divrei Chamudot Brachot 1:76) explains that the reason there is no interruption when it comes to Birchot HaTorah is because a person is always involved in activities that require following halacha. The observance of halacha keeps a person’s mind connected to learning. Shulchan Aruch Orach Chaim 47:10 holds that going to work or going to the bathroom is not considered an interruption and you do not therefore have to recite Birchot HaTorah again. </ref>
===Sleeping During the Day===
===Sleeping During the Day===
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#Someone who wakes up early in the morning before dawn can recite all the brachot ([[Birchot HaShachar]] and Birchot HaTorah) except Hanoten LeSachvi Binah and Parshat HaTamid which should wait until Or hayom. The Birchot HaTorah then covers his brachot all day.<ref> Shulchan Aruch Orach Chaim 47:13 </ref>
#Someone who wakes up early in the morning before dawn can recite all the brachot ([[Birchot HaShachar]] and Birchot HaTorah) except Hanoten LeSachvi Binah and Parshat HaTamid which should wait until Or hayom. The Birchot HaTorah then covers his brachot all day.<ref> Shulchan Aruch Orach Chaim 47:13 </ref>
====Staying Up All Night====
====Staying Up All Night====
# If one did not sleep all night, such as on the night of [[Shavuot]], there is a dispute whether one should recite Birchot HaTorah or not. According to Ashkenazim, one should try to hear the brachot from someone else, and then say some psukim afterwards. If one is unable to do that, one should have intent that one's bracha of Ahava Rabba should count for Birchot HaTorah, and then learn after [[tefillah]].<ref>Mishna Brurah 47:28, Rabbi Hershel Schachter (cited by Bet Yitzchak vol 30, p. 592). The side that says one should say it views Birchot HaTorah as similar to other Birchot HaShachar, which are said every morning, regardless of whether one slept or not. </ref> However, the Sephardic minhag is to say Birchot HaTorah by oneself.<ref>Chazon Ovadyah ([[Yom Tov]] p. 312)</ref>
{{Birchot HaTorah for Someone Who Stayed Up}}
# If one slept Shinat Kevah the day before staying up all night, one should recite the Birchot HaTorah in the morning after one did not sleep. <Ref> Mishna Brurah 47:28 in name of Rabbi Akiva Eiger </ref>


==Birkot Hatorah on the Day of the Bar Mitzva==
==Birkot Hatorah on the Day of the Bar Mitzva==
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