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Dvarim SheBichtav: Difference between revisions
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# 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, and Mishna Brurah 49:1 rule leniently like Tosfot. </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, and Mishna Brurah 49:1 rule leniently like Tosfot. </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 </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 </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, | # 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) </ref> | ||
# When one is fulfilling the obligation of others, one should be strict not to say these pesukim by heart even if everyone is familiar and knows these pesukim by heart. <Ref>Mishna Brurah 49:6 in name of the Magen Avraham and Buir HaGra. </ref>Therefore, one should be careful to say Vayichulu of [[Kiddish]] and any other pesukim said during [[Kiddish]] (or [[Havdalah]]) from a Siddur so that one does not say pesukim by heart in order to fulfill the obligation of others. However, some defend the minhag. <Ref>Shemirat [[Shabbat]] KeHilchata (chapter 47 halacha 31) is strict based on Mishna Brurah. However, Tzitz Eliezer 17:63, Minchat Asher (Parshat Ki Tisa pg 418), and Otzar Halacha (Siman 49 note 16) defend the minhag by saying that some (Kaf HaChaim 49:8) hold that one can be lenient to say pesukim by heart even in order to fulfill the obligation of others if everyone is familiar with these pesukim. </ref> | # When one is fulfilling the obligation of others, one should be strict not to say these pesukim by heart even if everyone is familiar and knows these pesukim by heart. <Ref>Mishna Brurah 49:6 in name of the Magen Avraham and Buir HaGra. </ref>Therefore, one should be careful to say Vayichulu of [[Kiddish]] and any other pesukim said during [[Kiddish]] (or [[Havdalah]]) from a Siddur so that one does not say pesukim by heart in order to fulfill the obligation of others. However, some defend the minhag. <Ref>Shemirat [[Shabbat]] KeHilchata (chapter 47 halacha 31) is strict based on Mishna Brurah. However, Tzitz Eliezer 17:63, Minchat Asher (Parshat Ki Tisa pg 418), and Otzar Halacha (Siman 49 note 16) defend the minhag by saying that some (Kaf HaChaim 49:8) hold that one can be lenient to say pesukim by heart even in order to fulfill the obligation of others if everyone is familiar with these pesukim. </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). </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). </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 </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 </ref> | ||
==Links== | ==Links== | ||
* [http://www.yutorah.org/lectures/lecture.cfm/791042/rabbi-elly-storch/saying-torah-shebiksav-writing-torah-sheb-al-peh/ Saying Torah Shebiksav Writing Torah Shebal Peh] by Rabbi Elly Storch | * [http://www.yutorah.org/lectures/lecture.cfm/791042/rabbi-elly-storch/saying-torah-shebiksav-writing-torah-sheb-al-peh/ Saying Torah Shebiksav Writing Torah Shebal Peh] by Rabbi Elly Storch | ||
