Amount of sleep required for washing hands

The law if one did not sleep at all throughout the night:
There is a dispute amongst Poskim [1] as to whether one who did not sleep at night is required to wash his hands in the morning. Furthermore, even according to those Poskim which require the hands to be washed there is a dispute as to whether a blessing is recited upon this washing. The basis of this dispute is with regards to whether the spirit of impurity resides on the hands at night even if one does not sleep. The rulings of Admur differ between his Shulchan Aruch and Siddur. Furthermore, the Rebbe Rayatz gave a private directive to Chassidim to follow a third opinion not mentioned by Admur either in his Shulchan Aruch or Siddur. There is discussion amongst Rabbanim as to whether this private directive is to be followed by the public or whether they are to follow the final ruling of Admur in the Siddur. Practically the widespread custom is to follow the private directive. Both the custom and ruling of the Siddur and Shulchan Aruch will be brought below.

 

A. The custom:[2]
Wash with blessing: The accepted, widespread, custom amongst Chabad Chassidim is to wash hands with a blessing even if one did not sleep the night before. [One is to wash his hands regularly as he does upon awakening in the morning.[3] The washing and blessing is to be done immediately after Alos.[4] One should use the bathroom prior to washing.[5]]

B. The ruling of the Siddur:[6]
Wash one time before prayer: If one did not sleep throughout the night, or slept for less than 60 breaths worth[7] then the spirit of impurity does not reside upon him at all[8], and thus he does not need to wash his hands three times in the morning. Rather he is to wash his hands one time prior to Shacharis, without saying a blessing. [If one is in doubt whether he slept for 60 breaths than he is to wash his hands and recite the blessing without Hashem’s name.[9]]

 C. The Ruling of the Shulchan Aruch:[10]
Wash three times right after Alos without blessing: If one did not sleep throughout the night, [or slept for less than 60 breaths] he must wash his hands [three times inconsecutively[11]] immediately after dawn, without a blessing. This applies even if he guarded his hands, the entire night, from touching covered areas, such as he placed gloves on his hands.[12]

Summary:
In a case that one did not sleep at night our custom is that [immediately] after Alos he is to [go to the bathroom and] wash hands three times inconsecutively, with a blessing.

 Q&A

Must one beware of the pre-washing restrictions prior to washing if one did not sleep at night?[13]
No.

Which opinion of Alos is one to follow in the above mentioned law?[14]
One is to be stringent in this regard to follow the opinion which states that Alos begins 72 minutes prior to sunrise.

The law if one slept at night for only a short amount of time:[15]
More than 60 breaths: If one slept for more than 60 breaths[16] at night he needs to wash his hands [with a blessing] three times [inconsecutively] upon awakening [past midnight[17]]. This applies even if one only slept a “temporary sleep”[18] [i.e. nap], [although in such a case that one only slept a “temporary sleep”] he is to touch a normally covered area of his body prior to the washing, in order so he can say the blessing according to all opinions.[19] [Regarding if the blessing is to be said in a case that one plans to return to sleep-see next Halacha! Regarding the washing restrictions, they do apply in this case, as explained in Chapter 3 Halacha 6]
Less than 60 breaths: If one slept for less than 60 breaths [in this regard 3 minutes[20]] at night it is considered as if he has not slept at all, and he is not required to wash at night. [Likewise the washing restrictions do not apply in this case as explained in Chapter 3 Halacha 6] Regarding if one is to wash in the morning after Alos-this law follows that which was explained in Halacha 16.

The significance of 60 breaths:[21]
The Sages stated that upon sleeping for sixty breaths at night the G-dly soul of every Jew ascends from the body and a spirit of impurity then resides on the body.
King David’s sleep schedule:[22] King David was careful not to sleep any time throughout the night[23] for sixty breaths straight. He did this in order not to taste the taste of death. Rather he would doze like a horse until midnight and at midnight he would awaken like a lion.

Summary:
*The summary takes into account the laws explained in the Q&A below.
One who slept at night for thirty minutes is to wash his hands with a blessing upon awakening past midnight. If the thirty minutes was a “temporary sleep” then he is to touch an uncovered part of his body prior to saying the blessing. If he slept less than thirty minutes he is to wash his hands without a blessing upon awakening, whether he awoke before or after midnight. If one slept for thirty minutes and woke up before midnight he is to wash without a blessing. [According to our custom, mentioned in Halacha 16A, after Alos one is to always wash hands with a blessing even if he did not sleep for thirty minutes at night. The washing restrictions [explained in chapter 3] apply even if one slept for a very short nap, as explained in Chapter 3 Halacha 6]

Q&A

How much sleep is “sixty breaths”?[24]
Some Poskim[25] rule that sixty breaths is the equivalent of more than three hours. Others[26] rule it is slightly more than three minutes. Others[27] rule it is less than a minute. Others[28] rule it is slightly more than thirty minutes. Practically if one slept for over a half hour he is to wash his hands with a blessing upon awakening [past midnight].[29] If one slept for less than a half hour he is to wash hands without a blessing.[30]

What is the definition of a temporary sleep?[31]
This means that one did not sleep in his bed as he usually does but rather slept on a chair and the like. Thus even if one fell asleep for many hours while sitting on a chair or cushion it is merely considered a temporary sleep and follows the laws mentioned above.

What is the definition of night?
The night ends at Alos. It requires further analysis if in this regards night begins from after nightfall or from after sunset.

Is there a difference if one slept before or after midnight?[32]
Practically we rule that whenever one has slept during the night for 60 breaths, whether before or after midnight, the evil spirit resides and he is required to wash his hands. Nevertheless the blessing is only recited after midnight as will be explained in the next Halacha.

Washing with a blessing upon awakening in middle of the night:[33]
One who awoke in middle of the night, after sleeping for at least 60 breaths [30 minutes], is to wash his hands upon awakening, with a blessing. However the blessing may only be said past midnight as is the law regarding the recital of all the morning blessings.[34] [One is to follow the order explained in Halacha 8B which is to wash, immediately go to the bathroom, and then immediately rewash with a blessing.]
If one plans to return to sleep: Even if one plans to return to sleep, a set sleep, prior to dawn, he may nevertheless wash his hands with a blessing after awakening past midnight.[35] In such a case that a blessing is said on the first washing one does not say a blessing upon washing in the morning as will be explained in the next Halacha. [Nevertheless it is not obligatory to recite the blessing after the first washing and if one chooses he may say go back to sleep and say the blessing after the second washing in the morning.[36] If however one only plans to return to sleep after dawn, or it was already past dawn when he woke up, then the blessing must be said right away and one is not to delay the blessing until he washes after waking up a second time.[37]]

Summary:
If one awoke prior to midnight he is to wash without a blessing [and rewash again after Chatzos with a blessing]. If one awoke past midnight, then he is to wash with a blessing. If he plans to return to sleep a set sleep after this washing, before Alos, then he may delay the blessing until after washing upon awakening in the morning.

Q&A

If one awoke to go to the bathroom, and plans to immediately return to sleep, does he need to wash his hands?
Yes.  

If one did not say a blessing when he washed upon awakening may he later wash again with a blessing if he did not return to sleep?
Example: One woke up at 2:00 A.M. washed hands without a blessing and did some work until 5:00 A.M., which is after Alos. May he now wash with a blessing?
The Law: Some Poskim[38] rule that he is to go to the bathroom or touch his usually covered areas and then wash with a blessing.

If one woke up after midnight and remembered he did not yet Daven Maariv, should he now wash with a blessing?[39]
Yes. One is to wash with a blessing even if he plans to go to sleep a set sleep prior to Alos.

What is the law if one woke up in middle of the night, washed without a blessing, and then washed for bread with a blessing? May he say the blessing upon washing in the morning?[40]
No. In such a case one is to initially wash for bread in the same way he washes upon awakening and recite a blessing having in mind also the morning washing.

If one woke up before midnight when is he to say the blessing of Al Netilas Yadayim?[41]
One is to wash hands without a blessing prior to midnight. After midnight he is to [rewash his hands] with a blessing.

If one washed his hands at night must he rewash in the morning:
A. One did not go back to sleep after the initial washing:[42]
If one woke up prior to dawn and washed his hands, he does not need to rewash his hands in the morning if he did not return to sleep before dawn.

B. One went back to sleep after the initial washing:[43]
If one returned to sleep[44] prior to dawn, then he must rewash his hands three times inconsecutively upon awakening.[45] Nevertheless he does not recite a second blessing upon rewashing if he already recited the blessing upon washing the first time.[46] [Regarding if one may delay the blessing until after washing upon awakening the second time-see the previous Halacha.]

Summary:
If one awoke in middle of the night and washed hands, then if he did not go back to sleep before Alos he is not required to rewash his hands in the morning. If he did return to sleep then he is to rewash his hands properly in the morning. A blessing is not recited after the second washing unless he did not recite a blessing after washing the first time.

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[1] Some Poskim [Bach 4; Maaseh Rav brought in M”B 4/30] rule one is to wash with a blessing. Others [Michaber and Rama 4/13; Admur 4/13; Kitzur SH”A 7/5; Shaareiy Teshuvah 4/13 and 46/12; Mamar Mordechai 4/8; Nivei Shalom 4/9; Mahram Shick 1] rule one is to wash without a blessing. Others [Olas Tamid 4/8; Elya Raba 4/8; Rebbe Akiva Eiger; M”B 4/30; Maharsham 3/126; See Kaf Hachaim 4/49;] rule one is to only wash with a blessing if he dirtied his hands. Others [Siddur; implication of students of Arizal brought in Birkeiy Yosef 4/5 and 46/12] rule there is no need to wash at all.

[2] Based on Shulchan Menachem 1/6 [Shaareiy Halacha Uminhag vol. 1 page 25; Likkutei Sichos 9 p. 276]; Heichal Menachem 2/213; Hiskashrus 931; Shevach Hamoadim p. 240 footnote 7 in name of Rabbanei Anash; Rav Raskin in footnotes on Siddur p. 7

Background:
In a letter dated on the 9th of Tishreiy 1949 the Rebbe responded as follows to the question of whether one is to recite the blessing of Al Netilas Yadayim and Elokaiy Neshama in a case that he did not sleep at night: “The public directive follows the ruling in the Siddur of Admur that it is not to be said, although one may hear it from another person who did sleep. (However the private directive is to say it. This is what I heard from my father in law the Rebbe Rayatz).” Although from this letter it remains unclear as to whether a Chassid is to follow the private or public directive, in actuality the custom became to follow the private directive and so rule Rabbanei Anash. [Shevach Hamoadim ibid] Furthermore in a Yechidus recorded in Heichal Menachem ibid the Rebbe told a Chassid that one is to follow the private directive.

Source and reason of the private directive: This ruling is based on the ruling of the Bach that the Sages apply a “Lo Pelug” that the blessing is to be said in all cases, even when one did not sleep. The Bach brings a proof that according to the Rosh [who holds the reason of washing is for Prayer] even women and children wash with a blessing even though they are not obligated to pray Shacharis. Thus we see that once the Sages made their institution to wash in the morning they applied it to all cases. The same logic can also be applied according to the Rashba. [See Halacha 2]

Opinions that allow washing with a blessing if dirtied the hands: Many Poskim rule one is to wash hands with a blessing if he dirtied his hands at night. [Olas Tamid 4/8 and Elya Raba 4/8; Rebbe Akiva Eiger; M”B 4/30; Mahrsham 3/126] The Mamar Mordechai 4/8 and Nivei Shalom 4/9 argue on this ruling. [See Kaf Hachaim 4/49] Piskeiy Teshuvos 4/2 concludes that initially one is to hear the blessing from another person although Bedieved he can follow the M”B and go to the bathroom before Davening. Alternatively he can sleep a set sleep prior to Davening. [Birchas Habayis 32/5]

Opinion of M”B: The M”B 4/30 rules that initially one who did not sleep at night is to go to the bathroom prior to Davening and he may then say a blessing of Netilas Yadayim according to all. [Vetzaruch Iyun as how this would be allowed according to Rashba] Furthermore even if one did not or cannot go to the bathroom the M”B brings the opinions [Bach and Maaseh Rav of Gr”a] that allow saying the blessing and concludes that there are Achronim which agree with this opinion. It thus seems that the M”B accepts the opinion of the Bach as the final Halacha.

[3] Hiskashrus 931 that so is the custom. Now although washing three times inconsecutively is only required due to the impure spirit, nevertheless perhaps we suspect that the impure spirit resides on the hands even if one did not sleep at night [as suspects Admur in 4/13, unlike Siddur]. However if we were not to suspect for the impure spirit then one would not be required to wash three times inconsecutively, as Admur rules in the Siddur.

[4] Based on Admur 4/13 which explicitly writes that those opinions which require washing require it to be done from Alos Hashachar. This is seemingly based on Siddur and 47/7 that the other blessings of Birchas Hashachar may only be said after Alos [in a case that one did not sleep] as this is the time that people wake up. Admur ibid writes that one is to wash hands immediately after Alos.

[5] Hiskashrus 931; This is not required according to the Bach, although it should be done in order to be able to recite the blessing of Asher Yatzar right after the washing. [See Chapter 8 Halacha 3]

[6] Siddur Seder Netila and so rules Ketzos Hashulchan 2/7; implication of students of Arizal. [see Kaf Hachaim 4/47; Shaareiy Teshuvah 4/13] Kaf Hachaim ibid rules one may be lenient in a time of need.

Background:
The Siddur rules like the Rashba that the reason for the morning washing is to remove the impurity and sanctify oneself like a Kohen. Now the Siddur rules [as do many Mekubalim to be listed below] that the impure spirit does not reside unless one sleeps. Hence according to the Siddur there is no obligation to wash hands three times with a blessing unless he slept and is hence removing impurity. Nevertheless before prayer Admur requires the hands to be washed one time to suspect for the opinion of the Rosh as explains the Bach to be a Lo Pelug. Alternatively the Shiyurei Bracha of Birkeiy Yosef [4/1] brings the Teruma Chadasha which explains that the night invalidates the previous days washing just like in the Mikdash was the rule with the Kohen. Hence one must always wash his hands before prayer in the morning even if he guarded his hands.

Opinion of Arizal: Many Mekubalim [see footnotes below], students of the Arizal, write that according to the Arizal the evil spirit does not reside on the body if one did not sleep at night. Others however rule that according to the Arizal one is to wash his hands three times without a blessing. [Kaf Hachaim 4/47]

[7] See Halacha 17 Q&A

[8] Rav Chaim Hakohen, student of Rav Chaim Vital states that the impure spirit does not reside unless one sleeps at night. So rules also Derech Chaim; Ramaz; Birkeiy Yosef 4/5; Mikdash Melech Vayishlach; Soles Belula 4/10; Divrei Shalom Shieila 48 in name of Arizal. [Kaf Hachaim 4/47]

Other Opinions: The Yad Ahron writes in the name of the Arizal that one is required to wash his hands three times even if he did not sleep at night.

[9] Ketzos Hashulchan 5/5

[10] Kama 4/13 based on Rama 4/13; Beis Yosef; So rules also: Kitzur SH”A 7/5; Shaareiy Teshuvah 4/13; Kaf Hachaim 4/47; Yad Ahron on Beis Yosef; Mamar Mordechai 4/8; Nivei Shalom 4/9; Mahram Shick 1

[11] 4/14. See next footnote

[12] The reason of ruling of Shulchan Aruch: The reason for this is because perhaps when the sages instituted the blessing to be said every morning for being created, they did not want to differentiate between those which slept and became a new creation and those which did not sleep at all. [ibid] This reason for washing is in addition to the fact that in Kama 4/14 Admur rules that there is possibility that the spirit of impurity resides on ones hands at night even if he did not sleep. Thus Admur concludes that it is proper for him to wash his hands in the morning three times inconsecutively, to remove this impurity. This is in addition to the single washing required according to 4/13, as in Kama 4/2-3 Admur rules that a single washing suffices for the morning washing and the three times is only required due to the impure spirit. In conclusion, in Kama there are two reasons to require washing when one did not sleep, while in the Siddur neither reason is accepted.

[13] Ashel Avraham Butchach 4 that only if one slept at night are we stringent to apply the restrictions; Piskeiy Teshuvos 4/17

[14] See Piskeiy Teshuvos 47/16 regarding Birchas Hatorah; Upashut!

[15] Siddur Seder Netila; This Halacha has a ramification even according to our custom listed in Halacha 16A, as the question here is regarding whether one may wash with a blessing before Alos.

[16] See Q&A below for the exact definition. The spirit of impurity only resides if one sleeps for sixty breaths. [Kama 4/4]

[17] See next Halacha that before midnight a blessing is not said. Nevertheless one must wash due to the restrictions explained in chapter 3.

[18] See Q&A below

[19] Siddur ibid;

The reason for touching the normally covered areas when one only took a nap: According to the Rosh the reason for washing hands in the morning is because when one sleeps he has most likely touched the covered parts of his body, and thus needs to wash his hands before prayer. [see Halacha 2] However by a temporary sleep we do not assume that one touched the covered parts of the body. For this reason Admur here suggests that one now touch a covered area in order to be able to say a blessing even according to the opinion of the Rosh. [Ketzos Hashulchan 2 footnote 21; See Elya Raba 4/8]

According to the custom today must one touch the normally covered areas before saying the blessing? Accordance to our custom [Halacha 16A] to always recite a blessing over washing, even if one did not sleep at night, it is not required to touch the covered areas if one is washing with a blessing after Alos. If however one is washing before Alos then he must follow the directive of Admur here and touch the usually covered areas.

Other Opinions regarding temporary sleep: The Elya Raba 4/8 rules if one only slept a temporary sleep he may not say a blessing being that according to the Rosh there is no obligation to wash, and according to the Shulchan Aruch the main reason of washing is due to the reason of the Rosh. However there are Poskim [quoted in Elya Raba ibid; Kaf Hachaim 4/50] that rule one is to say a blessing due to that we mainly hold like the Rashba. Kaf Hachaim 4/50 concludes that Safek Brachos Lihakel and therefore one is not to say a blessing. So rules also M”B 4/27, however in 4/29 he rules that one is to go to the bathroom before Davening and then wash with a blessing. See Mamar Mordechai 4/8.

[20] See Q&A

[21] Kama 4/4

[22] Kama 4/16

[23] Other Opinions: Some say he was only careful not to sleep during the day. [Rama 4/16] Some say he was only careful not to sleep after midnight. [See Kaf Hachaim 4/57]

[24] Shaareiy Teshuvah 4/10; Ketzos Hashulchan 2 footnote 1; Kaf Hachaim 4/55

Opinion of Admur: From Admur in the Siddur it is evident that 60 breaths is a short amount of time being that he defines a nap [temporary sleep] as being more than 60 breaths.

[25] Tiferes Tzevi [brought in Shaareiy Teshuvah ibid] based on that the Arizal slept 3 hours during the day despite being careful not to sleep for 60 breaths.

[26] Rameh Mepuna [Alfasi Zuta Perek Hayashein]

[27] Chayeh Adam 7/8 writes it is equivalent to the amount of time it takes to walk 100 Amos. This is approximately 1/67 of an hour. [Ketzos Hashulchan ibid]

[28] Machazik Bracha in Kuntrus Achron brought in Shaareiy Teshuvah ibid; As the 60 breaths refer to the 60 breaths of a horse which takes approximately 30 minutes.

[29] So concludes Ketzos Hashulchan ibid; Kitzur SH”A 2/8; As this is the average opinion brought in the Shaareiy Teshuvah.

[30] As it is proper to be stringent like all opinions. [Ketzos Hashulchan ibid]

[31] M”B 4/27; See Admur 47/7 which differentiates between sleeping on a bed and on one’s arms; See Piskeiy Teshuvos 4 footnote 18 and 47/15

[32] Practically the Poskim do not differentiate in this matter and one washes his hands with a blessing in all cases that one slept at night. [Piskeiy Teshuvos 1/6; See Kaf Hachaim 4/4; 48; 52-53] Nevertheless according to Admur the blessing is delayed until midnight.

Other Opinions regarding if one slept after midnight: Some write that the evil spirit only resides on one’s body if he is sleeping during midnight and hence if he went to sleep after midnight and after saying the morning blessings, he is not required to wash and certainly no blessing is said. [Divrei Shalom 48, grandson of Rashash in name of Rashash, brought in Kaf Hachaim 4/4 and 52; Ben Ish Chaiy Toldos 13; Shulchan Hatahor 4/10] The Ben Ish Chaiy ibid and Kaf Hachaim 4/48 conclude that one is to wash without a blessing if he went to sleep past midnight and already recited the morning blessings. The significance of the morning blessings is that it draws down an extra radiance of Divine light, hence exempting from needing to wash. If he did not yet recite he morning blessings then he is to wash with a blessing. [ibid] If however he slept before midnight and woke up before midnight the Ben Ish Chaiy ibid rules he is to wash with a blessing even before midnight.

[33] Siddur; This scenario is not explicitly mentioned in Shulchan Aruch although is discussed in 4/14 with regards to whether one must wash a second time in the morning. See also 6/8 that Admur states that one is to say the blessing of Al Netilas Yadayim after the first time he awakens even if he plans to return to sleep a set sleep for a second time.

[34] This stipulation that the blessing of Netilas Yadayim may only be said past midnight is seemingly a novelty of Admur that has not been found in previous Poskim. [Glosses of Rav Raskin p. 16]  The Ashel Avraham Butchach [Mahadurah Tinyana] 4 questions this ruling of Admur. However see Kaf Hachaim 46/49 in name of Mekubalim that one is to recite all the morning blessings from after midnight and perhaps it is based on this that Admur writes his ruling. This ruling of Admur is also recorded in Misgeres Hashulchan; Amudei Hashulchan 2/11 [brought in Kaf Hachaim 4/52]

Other Poskim who mention midnight: Rav Avraham Sharabi in Divrei Shalom 48 writes that if one did not sleep during midnight the evil spirit does not reside on his hands, and hence one is not required to wash to remove impurity but rather for cleanliness. The mention of midnight is also made by Admur regarding the morning blessings and Birchas Hatorah. It is mentioned in Peri Chadash 46 and 47/13 regarding the blessings of Hamaavir Sheiyna and Birchas Hatorah. It is mentioned in Shulchan Aruch 47/9 regarding the blessing of Hanosein Lasechviy Bina.

Other Opinions: The Ben Ish Chaiy Toldos 13 rules one may wash and say the blessing before midnight and so concludes Kaf Hachaim 4/52.

[35] The novelty here is that although upon sleeping a set sleep prior to dawn the spirit of impurity has certainly returned to the hands and one will thus be required to re-wash [according to all opinions-Rosh and Rashba-see P”M 4 A”A 13] nevertheless he may choose to say the blessing after the first washing. [Siddur ibid] This implies that Admur rules completely like the Rashba unlike the Rosh. [See Biur Halacha “Afilu” 4/1]

Other Opinions: Some Poskim rule one is to always delay saying the blessing until after the morning washing. See Halacha 8B in opinion of M”B.

[36] So is implied from the wording in the Siddur “He may say the blessing on the first washing” and not that he must say the blessing. See Chayeh Halevy 1/2

Ruling of Admur in Shulchan Aruch: In Kama 4/14 Admur writes that the Sages only required a blessing to be said when one awakens as a new creation and this only occurs after awakening the first time. This implies that one must say the blessing after the awakening for the first time. [Rav Raskin in “Notes on Siddur“ page 10] This is more clearly stated in 6/8 where Admur rules regarding this scenario that he is to say the blessing only the first time he awakens and not delay it until later. Seemingly however it seems clear that in the Siddur Admur holds differently. Perhaps the reason for this is because in the Siddur Admur rules that the morning washing is contingent on the removal of impurity [and not just becoming a Berya Chadasha]. Hence since the impurity will anyways return one can choose to say the blessing after the second washing.

May one delay the blessing even if he plans to return to sleep a temporary sleep? According to the above explanation if one will only return to sleep a temporary sleep then seemingly it is proper to wash with a blessing after awakening the first time even according to the Siddur, as it is questionable whether the impure spirit returns to the hands by a temporary sleep. [See Chapter 3 Halacha 6] Vetzaruch Iyun. See also 6/8 which refers to returning to a set sleep regarding this law of delaying the blessing.

[37] Pashut and so is understood from Admur which emphasizes “that he plans to return to sleep prior to dawn”.

[38] M”B 4/33 based on the fact that he already fulfilled his obligation according to the Rosh, with the first washing and hence how can he now say “That you commanded” on this second washing that he is doing in the morning. See also Shaareiy Teshuvah 4/5 for a similar ruling. However see Ketzos Hashulchan 2 footnote 16.

[39] Chayeh Levi 1/2

[40] Orach Yisrael 1/3; Piskeiy Teshuvos 4 footnote 21 based on Ashel Avraham Butchach 4 [Mahadurah Tinyana] that one fulfills his obligation if he says the blessing of Netilas Yadayim when washing hands for bread.

[41] Piskeiy Teshuvos 4 footnote 17 based on Siddur; Vetzaruch Iyun based on the law of one who heard a rooster crow before midnight of which Admur rules in the Siddur that he must delay the blessing until Alos.

[42] Based on Siddur which rules that if one did not sleep at night the spirit of impurity certainly does not reside on the hands and one is thus not required to wash his hands in the morning.  [See Halacha 16B]

Other Poskim who rule like Siddur: Rav Chaim Hakohen, student of Rav Chaim Vital, states that the impure spirit does not reside unless one sleeps at night. Thus if he woke up and washed his hands before Alos he does not need to rewash after Alos. So rules also Derech Chaim; Ramaz; Birkeiy Yosef 4/5; Mikdash Melech Vayishlach; Soles Belula 4/10; Divrei Shalom Shieila 48 in name of Arizal. [Kaf Hachaim 4/47]

Ruling of Admur in Shulchan Aruch: In Kama 4/14 [based on Rama 4/14] Admur rules: “If one woke up prior to dawn and washed his hands, it is proper (lit. Tov) for him to rewash his hands three times inconsecutively after dawn [even if he had not gone back to sleep in the interim], as possibly the night causes the impurity to reside on ones hands independent of sleep.” To note however that even according to the Kama it is only proper to wash and it is not an obligation. This differs from the wording in the Rama 4/14 which simply writes one is to wash without a blessing. Vetzaruch Iyun why according to Admur in Kama this is not an obligation due to the doubt.]

Other Opinions: Rama 4/14 rules one is to wash without a blessing. According to all there is no need to refrain from learning Torah prior to washing after Alos. Likewise one may be lenient to consider Alos as 72 minutes. [See Piskeiy Teshuvos 4/17 footnote 159] Biur Halacha 413 “Kol Halayla” rules that if one woke up in the beginning of the night and washed with a blessing then before Davening he is to go to the bathroom and wash hands again and recite another blessing. So also rules Shulchan Hatahor 4 footnote 1 and that so was custom of Chozeh Melublin; Birchas Habayis 32/11. If however he woke up close to Alos then a second blessing is never recited even if he went back to sleep. [M”B 4/32]

[43] Siddur; Kama 4/14

[44] This refers to a sleep of 60 breaths and applies even if one only slept a temporary sleep. [See next footnote]

[45] As in a case that one returned to sleep a set sleep before Alos the spirit of impurity definitely resides on one’s hands and the hands must thus be washed properly. [Siddur; Kama ibid] Furthermore even if one returned to sleep a temporary sleep [nap] of 60 breaths it is possible that the spirit of impurity resides as explained in Chapter 3 Halacha 6.

[46] The reason a blessing is not repeated: The Sages instituted washing with a blessing only one time after one awakens and becomes a new creation. [See Halacha 2] This follows the same rule as all morning blessings. [Siddur; Kama 4/14; Hence once the blessing has been said one has fulfilled his Rabbinical obligation and another blessing may not be recited.] In Kama 4/14 Admur adds: “and upon awakening a second time one does not become a new creation, as one only becomes a new creation once and not twice.” The Ketzos Hashulchan 2/6 connects this addition of the Kama into the ruling of the Siddur.

Other Opinions: Biur Halacha 413 “Kol Halayla” rules that if one woke up in the beginning of the night and washed with a blessing then before Davening he is to go to the bathroom and wash hands again and recite another blessing. So also rules Shulchan Hatahor 4 footnote 1 and that so was custom of Chozeh Melublin; Birchas Habayis 32/11; If however he woke up close to Alos then a second blessing is never recited even if he went back to sleep. [M”B 4/32]

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