
Birkot Ha’Torah – A Biblical Obligation?
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Virtually all the Berachot that we are required to recite were introduced by the Sages. One notable exception is Birkat Ha'mazon – the obligation to recite a series of blessings after eating bread, which is explicitly mentioned by the Torah: "You shall eat and be satiated, and you shall bless Hashem your G-d…" (Debarim 8:10). According to some Rishonim, however, there is also another exception – Birkot Ha'Torah, the special blessing recited over Torah study each day. The Gemara (Berachot 21a) infers the obligation to recite a Beracha over the Torah from the verse in Parashat Haazinu (Debarim 32:3), "Ki Shem Hashem Ekra, Habu Godel L'Elokenu" – "When I call the Name of G-d, give praise to G-d." The Torah is comprised of the Names of Hashem; they are encoded in the text of the Torah. Thus, this verse means that when we learn the Torah – "calling" the Names of G-d – we must give praise to Hashem for granting us this precious gift. Indeed, the text of the blessing over the Torah includes a prayer that we and all our descendants should be "knowers of Your Name, and people who study Torah for its sake." By studying the Torah, we become "knowers" of Hashem's Name. Based on the Gemara's comment, the Ramban (Rav Moshe Nahmanides, Spain, 1194-1270) maintained that this Beracha constitutes a Torah obligation. Others, however, disagree. They explain the verse to mean that when we hear someone recite G-d's Name in a Beracha, we must respond "Amen." According to this view, the Gemara does not actually point to this verse as the source of the obligation of Birkot Ha'Torah, but rather it finds a subtle allusion in the Biblical text to a law enacted later by the Sages. This is the opinion of the Rambam, who does not include Birkot Ha'Torah in his list of Torah commands. The Shulhan Aruch appears to follow this view, ruling that if someone is uncertain whether or not he recited a required Beracha, he does not recite it – except in the case of Birkat Ha'mazon. Since Birkat Ha'mazon is required on the level of Torah obligation, we apply the rule of "Safek De'Orayta Le'humra" – that we must act stringently in a situation of uncertainty when a Torah law is at stake. The fact that the Shulhan Aruch mentions Birkat Ha'mazon as the only exception clearly indicates that this is the only Beracha mandated by the Torah, and he regarded Birkot Ha'Torah as a Rabbinic obligation, such that we act leniently in a situation of doubt. This inference is made by the Hida (Rav Haim Yosef David Azulai, 1724-1806), who notes that others disagree, and follow the opinion that Birkot Ha'Torah is a Biblical requirement. Later scholars who embraced this position include the Peri Hadash (Rav Hizkiya Da Silva, 1659-1698), the Mor U'kesi'a (Rav Yaakov Emden, Germany, 1697-1776), the Yad Aharon (Rav Aharon Alfandari, d. 1774), the Hikreh Leb (Rav Raphael Yosef Hazan, 1741-1820), and the Sha'agat Aryeh (Rav Aryeh Leib Ginsburg, d. 1785). The Mishna Berura writes that given the large number of Aharonim (later scholars) who accept the view that Birkot Ha'Torah constitutes a Biblical obligation, it is difficult to rely on the lenient position in a case of uncertainty. As for the practical Halacha, the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909) writes that although we follow the Shulhan Aruch's view, that Birkot Ha'Torah is required only by force of Rabbinic enactment, nevertheless, we must seek to satisfy the stringent view. Therefore, if one cannot remember whether or not he recited Birkot Ha'Torah, he should recite it, but instead of verbalizing the words "Hashem Elokenu Melech Ha'olam," he should instead think these words in his mind. This is the ruling accepted by the Kaf Ha'haim (Rav Yaakob Haim Sofer, Baghdad-Jerusalem, 1870-1939) and Hacham Ovadia Yosef. Summary: If a person is unsure whether or not he recited Birkot Ha'Torah, he should recite it, but instead of verbalizing the words "Hashem Elokenu Melech Ha'olam," he should instead think these words in his mind.
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