Reciting Birchas Hatorah after Davening if one forgot to say it beforehand:[1]
A. Background-Does Ahavas Olam take the place of Birchas Hatorah:
The connection between Ahavas Olam and Birchas Hatorah:[2] The blessing of Ahava Raba, or Ahavas Olam [depending on one’s Nussach] contains similar statements to those recited in Birchas Hatorah, as in it one recites “Visein Belibeinu Lilmod Ulilameid” etc.
The law if one learns Torah immediately after Davening:[3] Therefore, if one [did not recite Birchas Hatorah before Davening and he] learns Torah immediately after completing Shema and Tefila[4], without any delay, then he has fulfilled the obligation of reciting Birchas Hatorah [of all three blessings[5]]. In such a case, he is no longer required to recite Birchas Hatorah anytime throughout day even if he stopped learning and then decided to learn again, just as is ruled regarding one who recited Birchas Hatorah.[6] [This applies even if one did not intend to fulfill Birchas Hatorah with Ahavas Olam[7], and even if he did not remember his omission of Birchas Hatorah until after Ahavas Olam.[8]]
If one does not learn Torah immediately after Davening-The debate: Regarding the law in a case that one did not learn Torah immediately after Shema and Shemoneh Esrei, a dispute is recorded. Some Poskim[9] rule that if one did not learn Torah immediately after Shema and Shemoneh Esrei then he does not fulfil his obligation of Birchas Hatorah within Ahavas Olam and he must thus recite Birchas Hatorah after Davening, prior to learning.[10] However, some Poskim[11] rule that the above only applies if one did not read the Shema immediately following the prayer of Ahava Raba or Ahavas Olam.[12] However, if he recited Shema immediately after Ahavas Olam then it suffices [as a recognition] and it exempts the Torah learning of the entire day from Birchas Hatorah.
Final ruling: Practically, Admur concludes that one is to suspect and be stringent like both opinions. Thus, one is to initially recite Birchas Hatorah prior to Davening and is not to rely on the blessing of Ahavas Olam if he does not plan to learn immediately after Davening[13], in order to suspect for the ruling of the first opinion.[14] On the other hand, if one forgot to say the blessing prior to Davening, and has already Davened, [then if he read the Shema immediately after the blessing of Ahavas Olam] he is not to say Birchas Hatorah any more that day, as rules the second opinion.[15]
B. The law:
Lechatchila:[16] Initially, one is to recite Birchas Hatorah prior to Davening and not rely on the blessing of Ahavas Olam to take its place, if he does not plan to learn Torah immediately after Davening.[17]
Bedeived: If one forgot to say the blessing prior to Davening, and has already Davened then if he read the Shema immediately after the blessing of Ahavas Olam, he is not to say Birchas Hatorah anymore that day. This applies even if he did not learn any Torah immediately after Davening.[18] [Nevertheless, initially, one who Davened without saying Birchas Hatorah is to learn Torah immediately after Davening, and hence fulfill his obligation according to all opinions.[19] If this is not possible, or one has already delayed learning after davening, then one should try to hear the blessing from someone else.[20]]
Delayed Shema:[21] If one did not recite Shema immediately after Ahavas Olam, then he has not fulfilled his obligation of Birchas Hatorah, and is required to recite the blessing after Davening, prior to learning.
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Summary: One who Davened Shacharis prior to reciting Birchas Hatorah is to study Torah immediately after Davening. If he did not do so, then so long as he said Shema immediately after the blessing of Ahavas Olam, he fulfills his obligation and is not to recite any of the blessings of Birchas Hatorah. Q&A Until what time may one recite Birchas Hatorah? If one did not Daven Shacharis or Maariv that day [i.e. an Onen, brought next], then Birchas Hatorah may be recited up until the time he goes to sleep.[22] It is forbidden to learn Torah until he says Birchas Hatorah. This applies even if he remembered at night [prior to Maariv]. After awakening the next morning from a standard sleep, he is to repeat the blessing as usual, even though it was recited a number of hours earlier at night. If however one already Davened Shacharis or Maariv, then the blessing is not to be said. If one Davened without reciting Birchas Hatorah is he to omit all three blessings after Davening or only one of the blessings?[23] All three blessings are omitted as they are all fulfilled within the blessing of Ahavas Olam. If one Davened without reciting Birchas Hatorah is he to learn Torah immediately after Shemoneh Esrei or may he delay it until after Shacharis?[24] One is not required to learn Torah immediately after Shemoneh Esrei and rather he may delay it until he completes Davening. After Davening he is then to immediately learn Torah. Is listening to the Torah reading considered like one has learned Torah immediately after Davening?[25] Yes.
If one is Davening past Zman Kerias Shema is the reading of the Shema considered like learning Torah immediately after Ahavas Olam?[26] Yes. Thus, according to all in such a case he has fulfilled his obligation of Birchas Hatorah. If one remembered in middle of Davening that he did not recite Birchas Hatorah what is he to do? If one remembers in middle of Pesukei Dezimra, or between Yishtabach and Barchu, then he is to stop and recite all three blessings of Birchas Hatorah, including the verses of Birchas Kohanim.[27] If, however, he already began Birchas Shema then he may no longer stop to say it. Some Poskim[28] rule he is to intend not to fulfill his obligation with Ahavas Olam and then recite Birchas Hatorah after Davening. Others[29] however rule that one is to specifically intend to fulfill his obligation with Ahavas Olam and is to then learn Torah immediately after Davening. Practically one is to follow the latter opinion.[30]
Does the blessing of Ahavas Olam in Maariv exempt the blessing of Birchas Hatorah? Some Poskim[31] rule it has the same status as Ahavas Olam in Shacharis and hence exempts Birchas Hatorah afterwards. [Thus one who woke up before Alos and remembered that he did not yet Daven Maariv, is to recite Birchas Hatorah prior to Davening, if it is past midnight.[32]] Others[33] however rule that it is not similar to the Ahavas Olam of Shacharis and one does not fulfill his obligation with it.
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[1] See Admur 47:6; Michaber 47:7-8; Tur 47:6; Brachos 11b; Kaf Hachaim 47:14-18; Piskeiy Teshuvos 47:10
[2] Admur ibid; Tur ibid; Rashi Brachos 11b
[3] Admur ibid; Michaber ibid; Tur ibid; Shmuel Brachos 11b
[4] Admur ibid; Levush 47; Mateh Yehuda 47:12; P”M 47 A”A 6; Kaf Hachaim 47:16; See Q&A for exact definition
[5] Setimas Kol Haposkim; M”A 139:12; Bach 47 in name of Maharshal; Keneses Hagedola 47:12; Peri Chadash 47; Shesilei Zeisim 47:20; Chesed Lealafim 46:7; Kitzur SHU”A 7:7-8; Kaf Hachaim 47:15; Igros Moshe 1:23; However see Ketzos Hashulchan 5:8 and Siddur Shaar Menachem who write that the first and last blessing is not said, however, Bepashtus they are including the middle blessing of Viharev Nah in the first blessing
[6] Admur ibid [See Admur 47:7]; M”A 47:6; Beis Yosef 47 in name of Tosafus; Rosh; P”M 47 A”A 6 that so is opinion of Michaber; Shesilei Zeisim 47:8; Kaf Hachaim 47:14
Other opinions: Some Poskim rule that Ahavas Olam only exempts the Torah learning that takes place immediately after Davening and not any other Torah learning. [Rashba in name of Raavad, brought in Beis Yosef ibid; Peri Chadash 47; Implication of Levush 47:8]
[7] M”B 47:14
[8] See Biur Halacha 47:7 “Poteres”
[9] First and Stam opinion in Admur ibid; Safek in Michaber 47:8; Tur ibid; Yerushalmi Brachos 1:5; Tosafus Brachos ibid; Tosafus Rabbeinu Yehuda Brachos ibid; Levush 47:8; Bach 47; Peri Chadash 47:7; Elya Raba 47:5; Gr”a; Chayeh Adam 9:5. M”B 47:17 and Biur Halacha “Viyeish”
[10] The reason: The reason for this is because only when one learns Torah immediately after Davening is it recognizable that he was using the prayer of Ahavas Olam as a blessing over Torah study, in addition to it being read for the sake of the Shema. [Admur ibid]
[11] Safek in Michaber 47:8; Raavad, recorded in Rashba Brachos ibid; Shibulei Haleket 5 in name of Rav Binyamin
[12] The reason: As in such a case since he did not learn Torah immediately after Ahavas Olam it is not apparent at all that the blessing is being used for Torah study, and he must thus recite the blessing after Davening.
[13] This implies that if one does plan on learning Torah immediately afterwards then one may even initially rely on Ahavas Olam, and so is likewise implied from the second interpretation of the M”B on the Michaber 47:8 brought in his Shaar Hatziyon 47:14; Vetzaruch Iyun, as how can one initially rely on Ahavas Olam in exchange for the three blessings instituted by the sages?
Other opinions: Some Poskim unequivocally rule that due to the above debate one is to always initially recite Birchas Hatorah prior to Davening. [Michaber 47:8] The reason for this is because he may forget to learn Torah immediately afterwards in order to make Ahavas Olam count in place of the blessing. [M”B 47:18]
[14] Admur ibid; Michaber 47:8
[15] Admur ibid; Kitzur SHU”A 7:7; Birchas Habayis 34:19; Kaf Hachaim 47:17; Ketzos Hashulchan 5:5
Other Opinions: Some Poskim conclude like the first opinion that if one did not learn Torah immediately after Davening then he must say the blessing of Birchas Hatorah. [Gr”a; Peri Chadash 47:7; Elya Raba 47:5; Chayeh Adam 9:5. M”B 47:17 and Biur Halacha “Viyeish”]
[16] Admur ibid; Michaber 47:8
[17] The reason: This is initially required in order to suspect for the first opinion mentioned in the background above that if one does not learn immediately after Davening he has not fulfilled his obligation.
The law if one plans to learn immediately after Davening: According to all opinions, if one learned Torah immediately after Davening, without any delay, then he has fulfilled his obligation of Birchas Hatorah. Based on Admur ibid, it is implied that one may even initially rely on this and omit Birchas Hatorah prior to Davening, and intend to fulfill his obligation within Ahavas Olam and the subsequent learning. [So is implied from the wording in Admur ibid and so is likewise implied from the second interpretation of the M”B on the Michaber 47:8 brought in his Shaar Hatziyon 47:14; Vetzaruch Iyun, as how can one initially rely on Ahavas Olam in exchange for the three blessings instituted by the sages?] However the Michaber 47:8 plainly states to always recite it before Davening and the M”B 47:18 explains that the reason for this is because one may come to forget to learn Torah immediately after Davening, which means that one should never initially rely on Ahavas Olam in place of Birchas Hatorah and is to always recite Birchas Hatorah beforehand. However, in Shaareiy Tziyon 14 he writes like Admur that perhaps the intent of the Michaber ibid is that it only applies if he does not plan to learn Torah afterwards.
[18] Admur ibid; Kitzur SHU”A 7:7; Birchas Habayis 34:19; Kaf Hachaim 47:17; Ketzos Hashulchan 5:5
The reason: This suspects for the second opinion mentioned in background that he has fulfilled his obligation within the prayer of Ahavas Olam and the subsequent Shema which was recited immediately afterwards.
Other Opinions: Some Poskim conclude like the first opinion that if one did not learn Torah immediately after Davening then he must say the blessing of Birchas Hatorah. [Gr”a; Peri Chadash 47:7; Elya Raba 47:5; Chayeh Adam 9:5. M”B 47:17 and Biur Halacha “Viyeish”]
[19] Kaf Hachaim 47:17; Kitzur SHU”A 7:7; Upashut. Vetzaruch Iyun why this was not mentioned by Admur.
[20] Piskeiy Teshuvos 47 footnote 86; Based on Admur 46:7 which mentions the possibility of hearing the blessing through someone else.
[21] Admur ibid; Michaber 47:8; Raavad, recorded in Rashba Brachos ibid; Shibulei Haleket 5 in name of Rav Binyamin
[22] The reason: As it is forbidden to learn prior to the blessing, and there is no reason or source to say that the blessing may not be said at night, even according to the Iggur. See Admur 47:7 that the blessing is said at night, and see Dvar Moshe 3 Y.D. 13
[23] Setimas Kol Haposkim; M”A 139:12; Bach 47 in name of Maharshal; Keneses Hagedola 47:12; Peri Chadash 47; Shesilei Zeisim 47:20; Chesed Lealafim 46:7; Kitzur SHU”A 7:7-8; Kaf Hachaim 47:15; Igros Moshe 1:23; However see Ketzos Hashulchan 5:8 and Siddur Shaar Menachem who write that the first and last blessing is not said, however, Bepashtus they are including the middle blessing of Viharev Nah in the first blessing
[24] M”B 47:15 in name of Levush; Biur Halacha “Im Lamad Meyad” in name of Oar Zarua; Mamar Mordechai 47:7; Pesach Hadevir 7:2; Pischei Olam 47:10; Kaf Hachaim 47:16
[25] Makor Chaim [Chavos Yair] 47:7; See M”B 47:17 regarding Shema.
[26] M”B 47:17
[27] M”B 51:10; as there are opinions who say it is forbidden to recite the verses in Pesukei Dezimra prior to Birchas Hatorah.
[28] Peri Megadim 52; However there are Poskim that argue on this advice, and state it does not help even if one has this in mind. [See Biur Halacha 52 “Umikol Makom”; Tehila Ledavid 47:6]
[29] M”B 52:9; Biur Halacha “Umikol Makom”
[30] As explains Biur Halacha ibid and Tehila Ledavid ibid the reasons not to rely on the advice of the Peri Megadim, and so is also implied from Admur in 47:6
[31] M”B 47:13; Rabbeinu Yona brought in Tehila Ledavid 47:5
[32] As otherwise he will be unable to recite the blessing anymore that day, just as is the law regarding one who has Davened Shacharis. See Tehila Ledavid 47:5
[33] Levushei Mordechai 1:19; initial opinion of Tehila Ledavid 47:5; See Leket Yosher p. 44; Hagahos Over Oreiach 47; Sdei Chemed in Michtav Lechizkiyahu 4
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