Dvarim SheBichtav: Difference between revisions

#Even though there is a halacha that Torah SheBechtav (the written Torah, which includes Torah, Neviyim, and Ketuvim)<ref>Kitzur Shulchan Aruch 1:6. Tosafot Temura 14b brings one suggestion that the prohibition only applies to torah but not neviim and ketuvim. However, Rabbenu Gershom Temura 14b says explicitly that it applies to torah, neviim, and ketuvim.  </ref> should not be said by heart  it is permitted to say “[[Kriyat Shema]]”, “Parshat [[Birkat Cohanim]]”, and “Pesukei DeZimrah” as well as all pesukim in tefillah because people are commonly fluent in them. But pesukim that people are not fluent in and familiar with, one may not say by heart. <ref>Shulchan Aruch 49 permits [[Kriyat Shema]], Parshat Birkat Cohanim and Parshat HaTamid because everyone is fluent in these pesukim. In the rishonim there are many explanations as to why it is permitted to say Mizmorim and Pesukim in prayer by heart (here are only 6 approaches all of which Bet Yosef quotes). Bet Yosef quotes the (1) Mordechai (Gittin 407) who writes that anything that everyone is fluent is permitted. So writes Tosfot Rid (Tanit 28a), Or Zaruh 1:545, and Sh”t Maharam (Prague Edition 313). Bet Yosef also quotes (2)Tosfot (Temurah 14b D”H Devarim) who says that there is only a prohibition by Torah and not Nach. So writes Bach 49. However, Rabbenu Gershom (Terumah 14b) holds it applies to all of Tanach. Similarly, Tosfot Rid (Mehudra Batra Megilah 17b), Smag (Megilah), Or Zaruh 1:378, Mordechai (Megilah 793) and Tosfot (Bava Kama 3b s.v. Kedemetargem Rav Yosef) all imply that it applies to all of Tanach because they deal with the issue in context of pesukim in Nach. (3)Tosfot (Temurah 14b) adds that any reading that is not to fulfill the obligation of others is permitted. So writes Tosfot Yeshanim (Yoma 70a), Yerayim 128, Sh”t Maharam ([[Lulav]] edition 437), Smag (megilah), Tashbetz 185, and Kol Bo 13. Rav Shlomo Bamburger in HaMeayen (Tishrei 5737) writes that those who hold that one may not fulfill the obligation of others only applies if one fulfills the obligation of many others, but for one other person it is totally permissible. However, Shemirat Shabbat KeHilchata (chapter 47 note 142) questions this חידוש. See also Minchat Asher (Ki Tisa pg 415-6).(4) Bet Yosef then quotes the Kol Bo 13 in name of Yerushalmi(Yoma 7:1) that it only applies to Torah reading and not tefillah. This is also the opinion of the Orchot Chaim (Meah [[Brachot]] 14), Rabbenu David Avudraham (Shachrit Shel Chol pg 48), and Rambam (Tefilah 12:8) where he only quotes this prohibition in the context of Torah reading. However Radvaz 4:1205 writes that we do not hold like this Yerushalmi. (5)Kol Bo continues that it does not apply to when pesukim are read without the Torah reading tune. This is also the opinion of Ritva (Yoma 70a),Tosfot Shantz (Terumah 14b), and Radvaz 4:1205.  Bet Yosef also quotes (6)Talmidei Rabbenu Yonah (Brachot 5a) who say any pasuk that one is obligated to say can be said by heart. So writes Sefer Charedim (2 Mitzvot Aseh Min HaTorah HaTeluyot BeAynayim). The Siftei Shoshanim 2 and Halacha Brurah 49:1 quote at least another 4 approaches in the rishonim. There are two approaches in the achronim on how to deal with all the leniencies. Magen Avraham 49:1 writes that one should not say pesukim by heart except with the leniency brought by Shulchan Aruch and nothing else. So writes Bear Hetiev 49:1, Tahart HaMayim (Shurei Tahara 4:36), Shedei Chemed (Marechet Chalitzah 33), Sh”t Torah Lishma 197, and Halacha Brurah 49:1. Similarly, Mishna Brurah 49:6 quotes the Magen Avraham and then adds but one can rely on the Chovot Yair to say Tehilim by heart which are [[prayers]] because of the opinion of the Atret Zekenim and Gra. However Aruch HaShulchan 49:3 holds by many of the leniencies and concludes “one does not have to be strict because of the Gedolim we can rely on and I do not know why some were very strict in this matter (Magen Avraham)”. Similarly, Sh”t Tzitz Eliezer 13:11 says that the leniencies are not contradictory. </ref>

#If the one saying the pesukim is fluent in them but most people are not, one should not say it by heart. However if it is impossible in another fashion and one will lose out on one's Torah learning one can be lenient. <ref>Shulchan Aruch 49 based on Tur in name of Rabbenu Chaim rules that one can be lenient if all people are fluent with those pesukim. Bach explains that it means that only the one saying the pasuk needs to be fluent in the pesukim. This is also the opinion of Birkei Yosef 49:4, Erech HaShulchan 49, Mamer Mordechai 49:2, Petach Dvir 49:2, Shlamei Tzibbor (Tefilah 6), Minchat Aharon9:12, and Sh”t Torah Lishma 197. However Magen Avraham argues that everyone needs to know the pesukim in order to recite them by heart. This is also the opinion of Sh”t Shalit Yavetz 1:75, Bear Hetiev 49:1, Shulchan Aruch HaRav 49:1, Derech Chaim (Hashkamat Boker 20), Kitzur Shulchan Aruch 1:6, Chesed LeAlafim 49:1, and Mishna Brurah 49:4. Kaf HaChaim 49:2 and Halacha Brurah 49:1 says if there is no other way one should not lose out on Torah learning because of this. </ref>

#Those who say a pasuk which begins with the first letter of one's name and ends with the last letter of one's name has on what to rely to recite it by heart. <ref>Although, Sh"t Hitorirut Teshuva 1:227 questions this practice, Yalkut Yosef Kitzur S"A 49:12 writes that those who do so have on what to rely. </ref>

#Those who say “Kadesh Li” and “VaHaya Ki Viyecha” after putting on [[Tefillin]] everyday can say these pesukim by heart. But if there is no minhag in that place to say it daily one should be strict not to say it by heart. <ref>Halacha Brurah 49:3, Yalkut Yosef Kitzur S"A 49:13 </ref>

#A blind person is allowed to say pesukim by heart since he does not have another way to read the pesukim. <ref>Tosfot (Bava Kama 3b s.v. Kedemargem Rav Yosef), Shitah Mekubeset 3b in name of Rabbenu Yishaya, Sefer Agudah in name of Ri are lenient to allow a blind person to say pesukim by heart. However Or Zaruh 1:545,2:375, Ritva (Yoma 70a), Meiri (Megilah 24a) are strict in this regard. Magen Avraham 49, Sh”t Halachot Ketanot 1:217, Bear Hetiev 49:1, Solet Belulah 49, Derech Chaim (Hashkamat Haboker 20), Sh”t Teshuva MeAhava 2:242, Kitzur Shulchan Aruch 1:6, Shulchan Aruch HaRav 49:1, Kaf HaChaim 49:5, Yalkut Yosef Kitzur S"A 49:12 and Mishna Brurah 49:1 rule leniently like Tosfot. </ref>

#A Rabbi giving a Dvar Torah quoting many pesukim and it is therefore difficult to read all of them from a sefer has what to rely on to say them by heart. <ref>Mishna Brurah 49:6 and Yalkut Yosef (Pesukei DeZimrah 49:7, She'erit Yosef 2 pg 16), Yalkut Yosef Kitzur S"A 49:7 </ref>

#The minhag to teach children pesukim by heart in school has what to rely on. <ref>Tzitz Eliezer 13:11 writes that the minhag for children to learn pesukim by heart in class has a reliable source in halacha (based on those who hold like the Rosh that if one is not fulfilling the obligation of others it is permissible, see there).  Yalkut Yosef (Kitzur S"A 49:8 and Dinei Chinuch Katan pg. 55) agrees </ref>

#The Targum (translation) of Torah Shebiketav can be said by heart. <ref>Birkei Yosef 49:1, Sharei Teshuva 49:1, Machzik Beracha 49:4, Kaf Hachaim 49:3, Yalkut Yosef Kitzur S"A 49:14 </ref>