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 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. <br/> | ||
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 this conclusion.</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> | # 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> | ||
