5. Laws of Sabal – Safek Brachos Lehakel:[1]

Throughout the chapter, until this law, we discussed the prohibition of reciting a blessing in vain and its different bylaws. In this Halacha we will now deal with for the first time laws relating to a questionable blessing in vain, known as a Safek Bracha Levatala, or in its acronym used by the Achronim “Sabal.” What are the points of action to be taken when one is in a state of question and doubt as to whether a certain blessing is mandated or needs to be said? Do we apply the rule when in doubt do without in order not to possibly transgress a blessing in vain? Or do we apply the rule when in doubt then recite the blessing, in order not to potentially transgress the omission of the blessing, and due to the fact that it is not in vain, as it is being said due to the doubt? The following are the final rulings on the subject.

 

A. The general rule:

The general rule by all Rabbinical blessings [which is the status of almost all blessings, as explained in Chapter 1 Halacha 1] is that if one is not certain that the blessing is allowed to be said [i.e. does not remember if he said it[2]], then it may not be said.[3] Hence, when in doubt do without. This concept is known as Safek Brachos Lehakel, or Safek Brachos Levatala.[4] [Nonetheless, it is proper for him to hear the blessing from someone else and fulfill his obligation through them, or find some other way to circumvent the issue as will be explained in Halacha 7 a variety of methods of doing so.]

• Example – Safek if said Hamotzi:[5] One who is in doubt if he said the blessing of Hamotzi prior to eating bread, is not to repeat it, as the blessing of Hamotzi is only Rabbinical.

Biblical or Rabbinical:[6] The rule of Safek Brachos Lehakel is Rabbinical, just as is the recital of an actual blessing in vain, which is only Rabbinically prohibited as explained above in Halacha 1B.

Birchas Hamitzvos:[7] The above rule applies even by Birchas Hamitzvos and hence when in doubt as to whether one fulfilled even a Biblical command, although the command is to be repeated, the blessing is not repeated. This, however, does contain some exceptions, such as one who is in doubt if he said Kerias Shema, in which case we rule that even its blessings are to be repeated.

The law by Shehechiyanu:[8] Some Poskim[9] rule that the blessing of Shehechiyanu may be recited even in a case of doubt. Other Poskim[10], however, rule that it may not be said in a case of doubt just as we rule by all other blessings, and so is the main ruling.

B. The law by Biblical blessings:[11]

The general rule by all Biblically required blessings is that if one is not certain that the blessing is allowed to be said, then it must be said.[12] [See Chapter 1 Halacha 1 for a list of Biblical blessings, including Birchas Hamazon when satiated, and Birchas Hatorah.]

• Example – Safek if recited Birchas Hamazon:[13] A man[14] who is unsure if he already recited Birchas Hamazon or not, then if he ate to the point of satiation[15] [i.e. he is full from the meal, and drank liquid during it-See Q&A], then he must repeat the entire[16] Birchas Hamazon due to the doubt.[17] [If, however, he did not eat to the point of satiation [i.e. is still hungry for more food, or is unsure[18]], then he does not repeat Birchas Hamazon.[19]
• Example – Safek if recited Birchas Hatorah:[20] Some Poskim[21] rule that in any case that one is in doubt as to whether he recited Birchas Hatorah, then one is to recite the blessings of Birchas Hatorah in order to escape the doubt.[22] Other Poskim[23], however, rule that in any case of doubt we follow the rule of Safak Brachos Lehakel which is applicable to all blessings, and hence Birchas Hatorah is not to be recited. Practically one is not to repeat the blessing.[24]

C. The law of Safek Sfeka Lehakel:

Many Poskim[25] rule that although in general we rule that whenever there is a doubt in a blessing then the blessing is not to be said, this only applies by a single doubt, however when the doubt is itself under doubt [i.e. a double doubt], then a blessing is to be said. This is known as Safek Sfeika Brachos Lihachmir. Other Poskim[26] however rule that we apply the rule of Safek Brachos Lehakel even in such a case that a doubt exists within the doubt, and hence we say Safek Sfeika Brachos Lehakel. Practically, the main ruling follows the latter opinion[27] and so rules Admur in his Siddur[28], although some rule like the former opinion and so rules Admur in his Shulchan Aruch.[29]

• Example: Two classic examples of a Safek Sfeika can be found in the laws of counting the Omer, as well as the laws of Tzitzis. Regarding counting the Omer, there are several scenarios in which one enters into a double doubt, such as if he counted during the day, or if he is in doubt if he counted at night in which case there is question as to whether he may continue counting with a blessing on the coming nights. See our corresponding Sefer “Between Pesach and Shavuos” chapter 1 for the full details of this matter.
• Example: In the laws of Tzitzis an example can be found in the scenario that one is putting on a pair of Tzitzis between sunset and nightfall, which is subject to a double debate and doubt. See our corresponding Sefer “The laws of Tzitzis” chapter 2 for the full details of this matter.

D. The status of Safek when there is a dispute amongst Poskim & The law when there is a consensus in most Poskim, or an established custom:[30]

In general, we apply the rule of Safek Brachos Lehakel whenever there is a dispute amongst Poskim as to whether a blessing is to be recited. However, several exceptions exist towards this rule including:

• Established custom: Whenever there is an established custom to recite a blessing, then it is to be recited even if there are many Poskim who dispute its recital.
• Lone opinion: If the consensus amongst the vast majority of Poskim is to require the blessing, then we do not take a lone opinion into account to consider it a doubt and not allow the blessing to be said.

Summary: General Rule: If there is doubt about whether a Rabbinical blessing was recited, then one is not to repeat it; “when in doubt, do without.” Biblical Blessings: If unsure about a Biblical blessing (like Birchas Hamazon when full), repeat the blessing. If not full, do not repeat. Some debate exists for Birchas Hatorah. Double Doubt (Safek Sfeika): Some authorities rule not to recite the blessing even with two layers of doubt, though some disagree. Rulings and Custom: Established custom to say a blessing can override doubts; consensus among most authorities can require recitation even if some dissent.

Law/Concept	Description	Example	Exceptions/Notes
Safek Brachos Lehakel	If in doubt about a Rabbinical blessing, do not repeat it (“when in doubt, do without”)	Unsure if said Hamotzi: do not repeat	Proper to hear blessing from someone else or circumvent as in Halacha 7
Biblical Blessings	If unsure about a Biblical blessing, must repeat if conditions are met	Unsure if recited Birchas Hamazon and is full: repeat entire Birchas Hamazon	If not full, do not repeat; some debate for Birchas Hatorah
Birchas Hamitzvos	Rule of Safek Brachos Lehakel applies even to blessings on commandments	Unsure if fulfilled a Biblical command: command is repeated, blessing is not	Exception: Doubt about Kerias Shema, blessings are repeated
Shehechiyanu	Some Poskim allow reciting in doubt, others do not; main ruling is not to recite in doubt	—	Main ruling: do not say in doubt
Safek Sfeika (Double Doubt)	Some say blessing is recited with double doubt, others say not; main ruling is not to recite	—	Main ruling: Safek Sfeika Brachos Lehakel
Dispute Amongst Poskim	Generally, when there is a dispute, do not recite the blessing	—	Exceptions: Established custom or consensus among most Poskim can require recitation
Established Custom	If there is an established custom to recite, do so even if disputed	—	—
Lone Opinion	If most Poskim require, lone dissent is ignored	—	—

____________________________________________

[1] See Admur 46:10; 167:12 [regarding Hamotzi]; 168:12; 188:10-11 and 15; 213:4; 297:9; 487:3; 489:12 [regarding Sefira] 582:2; Seder Birchas Hanehnin 5:3; Tanya Igeres Hakodesh 11; Michaber 167:9; 209:3; Tur 29; Bach 29; Rambam Brachos 4:2; 8:12; Tzemach Tzedek O.C. 3; M”B 215:20; Encyclopedia Talmudit Erech Brachos Vol. 4 p. 303; Piskeiy Teshuvos 209:6

[2] However, see Tzemach Tzedek O.C. 1:3-7 that according to peri Chadash whenever the Safek is more tilted towards that he did not say the blessing then it may be said, and one may rely on this regarding the blessings of Shemoneh Esrei

[3] The reason: As the general rule by Rabbinical commands is Safek Derabanan Lekula, and hence blessings which are Rabbinical would not be required to be repeated in a case of doubt. Furthermore, one is not even allowed to be stringent upon himself and say the blessing anyways, as blessings may only be recited when mandated by the sages, and hence if he were to say the blessing it would be a questionable blessing in vain. [Admur 167:12] In other words, since the sages did not require the blessing to be said in a case of doubt, it is therefore considered an unmandated blessing which is a blessing in vain. [See Teshuvos Harambam 26, brought in Kesef Mishneh Mila 3:6 and Tzemach Tzedek ibid] This explains why it is forbidden to say a questionable blessing even though the prohibition of a blessing in vain is itself Rabbinical, and hence in a case of doubt should be permitted to be said due to the same rule of Safek Derabanan Lekula. Rather one must say that it is a completely unmandated blessing when being said in the case of doubt. Vetzaruch Iyun from the wording of Admur above who says that it would be a questionable blessing in vain. Alternatively, in truth it is merely a Safek Bracha Levatala as writes Admur, as the sages generally give a person the right to be stringent by a Safek Derabanan, however, since the prohibition of a blessing in vain is so severe and is based on a Biblical prohibition, therefore we do not allow it to be said in a case of doubt despite the general rule of Safek Derabanan Lekula. [Shaar Hatziyon 215:21; Emek Sheila 6 on Sheilasos Yisro Shalita 53; See Encyclopedia Talmudit ibid footnote 152]

[4] See Admur 167:12; 213:4; Michaber 167:9; 209:3; Rambam Brachos 4:2; 8:12

[5] Admur 167:12; Michaber 167:9; 209:3; Rambam Brachos 4:2; 8:12

[6] See All Poskim in Halacha 1B; Encyclopedia Talmudit Erech Brachos Vol. 4 p. 303; M”B 215:20; Shaar Hatziyon 215:21

Other opinions: Some Poskim rule that saying a blessing unnecessarily is a Biblical prohibition, as explained in Halacha 1B in the footnotes, see there. According to this opinion, Safek Brachos Lihakel would potentially be a biblical requirement and not rabbinical, as it has the status of a Safek Deoraisa Lechumra. [Meaning, that whether the blessing needs to be said is only rabbinical, while if the blessing is said in vain it is biblical, and hence certainly one should not perform a questionable rabbinical command which compromises on a potential biblical prohibition.] Whether or not however this prohibition would be actually biblical would be dependent on the for the debate regarding whether we say a Safek Deoraisa is a biblical verse a rabbinical prohibition.

[7] See Admur 67:1; 184:2; Tzemach Tzedek O.C. 3:5; Encyclopedia Talmudit Erech Brachos Vol. 4 p. 304-306

[8] See Encyclopedia Talmudit Erech Brachos Vol. 4 p. 304; Piskeiy Teshuvos 225:1

[9] Bach O.C. 29; Eiruvin 40b; Brachos 60a; Tur 432; Elya Raba 22:1; Tzelach Brachos 7a, 60a; Tzemach Tzedek Piskeiy Dinim 2 Likkutim; Chasam Sofer O.C. 55; Rivash 505; Radbaz 1:399

[10] Beis Yosef 225 and 432 in name of Iggur; Peri Chadash Y.D. 28:5; Beir Heiytiv Y.D. 28:2; P”M O.C. 225 A”A 9-10; Y.D. 28 S.D. 5; Shut Tuv Taam Vadas Telisai 98; Maharam Shick Y.D. 374; Daas Torah 225; Shevet Halevi 4:25; Sdei Chemed Asifas Dinim Mareches Brachos 1:5

[11] Admur 184:2; Michaber 184:4; 209:3; Brachos 21a; Yerushalmi Brachos 1:1; Rambam Brachos 2:14; Beis Yosef 184 in name of Rosh Brachos 3:15; Sheilasos of Rav Achaiy 53; M”A 184:8; Peri Chadash 47:1; Shaagas Aryeh 25 brought in Shaareiy Teshuvah 47:1; Derech Chaim 4:6; Ketzos Hashulchan 44:2; See Kaf Hachaim 184:15-27; Piskeiy Teshuvos 184:4-6; Encyclopedia Talmudit Erech Brachos Vol. 4 p. 304

[12] The reason: As the general rule by Biblical commands is Safek Deoraiysa Lechumra, and hence blessings which are Biblical would be required to be repeated in a case of doubt. [Admur 167:12]

[13] Admur 184:2; Michaber 184:4; Beis Yosef 184 in name of Rosh Brachos 3:15; Sheilasos of Rav Achaiy 53; M”A 184:8; Ketzos Hashulchan 44:2; See Kaf Hachaim 184:15-27; Piskeiy Teshuvos 184:4-6

[14] See Q&A!

[15] Admur ibid; M”A ibid

[16] Including the Rabbinical blessing of Hatov Vihameitiv. [Admur ibid; Maharash Chiyon; Mahariy Halevi 44; Kneses Hagedola, brought in Beir Heiytiv 184:7; Aruch Hashulchan 184:5; M”B 184; See Chochmas Shlomo 184:7; See Kaf Hachaim 184:15]

Other opinions-Sephardi custom: Some Poskim rule he is not to recite the fourth blessing of Hatov Vihameitiv. [See Beir Heiytiv 184:7 that from the Michaber ibid it is implied that one does not repeat Hatov Vihameitiv; Chesed Lealafim 184:2; Ben Ish Chaiy Chukas 1:9; Torah Lesham 65; Kaf Hachaim ibid; Or Letziyon 2:13]

[17] The reason: If he was satiated from the meal then the obligation to recite Birchas Hamazon is Biblical [Admur ibid; Seder 2:1; M”A 184:8; 11; Brachos 20b; Tosafus Brachos 49b; Rosh Brachos 7:24], and hence in a case of doubt we apply the rule of Deoraisa Lechumra. [Admur ibid]

[18] See Q&A!

[19] Admur ibid; M”A ibid; Beir Heiytiv 184:7; Omitted from Michaber and Poskim ibid; See M”B 184:15; Piskeiy Teshuvos 184:5

The reason: If he was not full from the meal then the obligation to recite Birchas Hamazon is merely Rabbinical, and hence in a case of doubt we apply the rule of Safek Brachos Lehakel.

Other opinions: Some Poskim rule that if one ate a mere Kezayis of bread and drank after being thirsty then he is Biblically obligated to recite Birchas Hamazon even if he is not satiated from the meal. [Opinion in Admur 197:7; opinion in Rama 197:4; Opinion in Darkei Moshe 197:6; Opinion brought in Beis Yosef 197; Bach 197 [rules like Yireim]; Peri Chadash [rules like Yireim]; Yireim 253; Kol Bo 25; Mordechai Brachos 177; Shivlei Haleket 154; This opinion understands the opinion of Rebbe Meir in Brachos 49b to be Biblical; Rebbe Meir in Brachos ibid, as also explained in Tosafos Brachos ibid; Evident from Admur 197:7 towards end and M”A 197:12 and M”B 197:28 that according to this opinion one who drank but did not eat to satisfaction should do the Zimun over one who is satisfied but did not drink; See Machatzis Hashekel 184:11] Other Poskim rule that one who ate a Kibeitza of bread is Biblically obligated to recite Birchas Hamazon even if he is not satiated. [Levush 184; Sefer Hachinuch Parshas Eikev, and Rabbeinu Yerucham and Rabbeinu Yonah, brought in Elya Raba 184:9; See M”A 184:11 in name of Olas Tamid and Levush; See Kaf Hachaim 184:22 in length] According to this approach, one would be obligated to repeat Birchas Hamazon if they ate a Kezayis/Kibeitza of bread and are unsure if they already recited Birchas Hamazon. [See Kaf Hachaim ibid]

[20] See Beir Heiytiv 47:1; Shaareiy Teshuvah 47:1; Kaf Hachaim 47:2; M”B 47:1; This question is dependent on whether one views Birchas Hatorah as Biblical or Rabbinical.

[21] Peri Chadash 47:1; Shaagas Aryeh 25 brought in Shaareiy Teshuvah 47:1; Derech Chaim 4:6

Which blessing is one to repeat? One is to repeat only the blessing of “Asher Bachar Banu”. [Shaagas Aryeh ibid; Derech Chaim ibid; M”B ibid] However the Peri Chadash ibid rules one is to say all three blessings, just as we rule regarding one who is in doubt if he recited Shema and Birchas Shema, that he is to repeat all the blessings, even the Rabbinical blessings.

[22] The reason: As according to these opinions Birchas Hatorah is Biblical and hence is repeated in a case of doubt, as rules Michaber in 209:3 regarding Birchas Hamazon.

[23] Mateh Yehuda 1; Machazik Bracha 47:1-2 brought in Shaareiy Teshuvah 47:1; Kesher Gudal 5:25; Beis Oveid 22; Nesiv Hachaim 4:6; Kesav Sofer 20; Shulchan Hatahor 47:3; Tehila Ledavid 47:1; Birchas Habayis 34:15; Kisei Eliyahu 47:1; Yifei Laleiv 47:1

Ruling of Michaber: In 209:3 the Michaber rules that if one is in doubt if he recited one of the blessings, then he may not recite that blessing with exception to Birchas Hamazon being that it is a Biblical command. This implies that Birchas Hatorah is Rabbinical and is not to be said in a case of doubt. [Kaf Hachaim 47:2]

Ruling of Admur: See Admur 47:6 who rules in the case of dispute of whether one may say Birchas Hatorah if he already Davened, that one may not repeat the blessing. However see 47:7 that if one did not sleep at night, he is to say the blessing even though there is doubt. See Likkutei Sichos 14 p. 148 footnote 9 that possibly according to Admur it is a Biblical obligation.

[24] M”B ibid; Kaf Hachaim ibid; Piskeiy Teshuvos 47:2

[25] Admur 489:24-25; Terumos Hadeshen 37; Levush O.C. 17:2; Lechem Mishneh Brachos 4:6; Most Poskim as recorded in Kaf Hachaim 17:7 and 489:80

[26] Lechem Chamudos Tzitzis 1; Peri Chadash 489:7 [See Peri Chadash 489:7-8 who is stringent regarding the case of one who counted by day, although is lenient in the case of Safek Sfeka if one counted by night. It seems clear that the Peri Chadash accepts Safek Sfeika Brachos Lehakel at least in this case, while in other cases he holds Lehachmir. Vetzaruch Iyun on his opinion.]; Chayeh Adam 5:6 Nishmas Adam ibid; Mateh Efraim 619:7; Kitzur SHU”A 131:17; P”M Yoreh Deah 18 M”Z 16 and Pesicha Koleles of Brachos ; Birkeiy Yosef 7:3; M”B 215:20; See Kaf Hachaim 17:7; Sdei Chemed Asifas Dinim Brachos 1:10; And so is the final ruling of Admur in His Siddur as brought in Ketzos Hashulchan 7 footnote 3; Piskeiy Hasiddur 42; Toras Menachem 5719 pages 230-233

[27] Sdei Chemed ibid; M”B ibid; Encyclopedia Talmudit ibid; Piskeiy Teshuvos ibid

[28] Admur in Siddur regarding that the blessing over Tzitzis may not be recited during Bein Hashmashos, as rules Ketzos Hashulchan 7 footnote 3; Piskeiy Hasiddur 42; Toras Menachem 5719 pages 230-233

[29] Admur 489:24-25

[30] See Admur 435 Kuntrus Achron 1; 168:12; Amudei Eish Kuntrus Habrachos 2; Kaf Hachaim 18:7; 202:12; 209:75; 215:33; Piskeiy Teshuvos ibid; Encyclopedia Talmudit ibid footnote 184