From the Ravs Desk: Latest articles and Q&A [Thursday 9th Teves 5785]

Kavana – Intention to be Yotzei and Motzi:[1]

One who desires to fulfill his obligation with the blessing of another, must have intention to fulfill his obligation with the blessing that he hears, and likewise the person who says the blessing must have intention to be Motzi him with his blessing.

Bedieved if did not have Kavana: Some Poskim[2] rule that one does not fulfill his obligation with hearing a blessing, even if he answers Amen[3], unless he has intention to fulfill his obligation with the blessing that he hears, and the person who says the blessing has intention to be Motzi him with his blessing.[4] Other Poskim[5], however, rule that one fulfill his obligation of the blessing, whether a before blessing or after blessing, even if the person saying the blessing did not have in mind to be Motzi him and also he did not have intent to be Yotzei the blessing.[6] Practically, one should suspect for both opinions[7] [and hence in the event that there wasn’t intention, then he should try to re-hear the blessing from another person in order to suspect for the former opinion, although should not repeat the blessing himself in order to suspect for the latter opinion[8]].

Overhearing someone reciting a blessing:[9] If one overheard someone saying a blessing, then he should suspect for the opinion brought above who rules that he fulfill his obligation even if he did not have any intention to do so.[10] [Accordingly, in such a case, he should not repeat the blessing himself in order to suspect for the latter opinion[11] and should rather try to re-hear the blessing from another person in order to suspect for the former opinion.] Thus, for example, if someone took a fruit in his hand in order to eat it or took an item in his hand in order to perform a mitzvah with and prior to having a chance to recite the blessing, he overheard the blessing from someone else who was saying the blessing for himself, then according to the latter opinion he is not required to repeat the blessing [and hence should not repeat it in order to suspect for the latter opinion]. However, initially one should be very careful in this matter and avoid entering into a questionable blessing. [This can be avoided through having specific intent to not fulfill his obligation as explained below, or through speaking in middle of his blessing, as explained in Chapter ?? Halacha ??.]

Reciting blessings quietly:[12] Due to the above conclusion of Admur that one should avoid entering into a questionable blessing, the widespread Chabad custom is to recite blessings quietly in order so the people don’t overhear it.[13] [This custom however only applies to private blessings, such as over a food or a personal Mitzvah, and only when other people may also desire to eat or perform the Mitzvah, and hence they will be saying their own blessing. If however the blessing will not be said by others, and certainly if the blessing is said on behalf of the public such as Birchas Hatorah by an Aliyah, then it is to be said aloud. Likewise, in instances that saying the blessings aloud helps educate the listeners in saying the blessing, then it should be said aloud.]

If had Kavana to not be Yotzei:[14]  The above dispute only applies in a case that the individual who heard a blessing  did not have explicit intent neither to fulfill or to not fulfill his obligation with the blessing. However, if he had explicit intent to not fulfill his obligation with the blessing, then according to all opinions, he doesn’t fulfill his obligation.[15] [Accordingly, one who desires to avoid entering into a questionable Safek Bracha upon overhearing blessing should always have in mind to not fulfill his obligation upon overhearing it.] This however only applies if he specifically had in mind to not fulfill his obligation with the overhearing of the blessing. If however he did not have in mind to not fulfill his obligation, but rather had in mind that he is not intending to fulfill his obligation[16], then he falls under the same dispute stated above, and is hence not repeat the blessing.[17]

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[1] Admur 213:4; 489:12 regarding Sefiras HaOmer; See also Admur 59:4; 124:10; 14; 167:14; 183:10; 193:1; Michaber 213:3; Rambam Brachos 1:11; Rosh Hashanah 29a; Taz 213:3; Bahag Brachos 2:7; Rif R”H 3; Rambam Shofar 2:4; Rosh R”H 3

[2] 1^st and Stam opinion  in Admur 213:4; Admur 489:12 regarding Sefiras HaOmer; See also Admur 59:4; 124:10; 14; 167:14; 183:10; 193:1; Michaber 213:3; Rambam Brachos 1:11; Rosh Hashanah 29a; Taz 213:3; All Poskim who rule that even Rabbinical commands need Kavana

[3] However, initially, he may not answer Amen if he needs to be Yotzei this blessing, but cannot due to not hearing it properly. [Admur 124:11; M”A 124:13; Bach 124]

[4] The reason: As mitzvah’s require Kavana in order to fulfill his obligation [Bahag Brachos 2:7; Rif R”H 3; Rambam Shofar 2:4; Rosh R”H 3] and this applies even to rabbinical mitzvah’s. [Opinion in Admur 60:5; 1^st and Stam opinion  in Admur 213:4; Opinion in Admur 489:12 regarding Sefiras HaOmer; Peri Chadash 475:4; M”A 489:8]

[5] 2^nd opinion in Admur 213:4 in parentheses; Admur 489:12 regarding the Sefira; [See however Admur 296:17; 6:9, explained below]; Rashba 1:458, brought in Beis Yosef 489, regarding blessings; Rama 489:3 regarding blessing of Sefira “If he had in mind to not be Yotzei”; M”A 489:8, explained in Machatzis Hashekel and P”M 489 A”A 8; Elya Raba 489:12; M”B 489:17 limits this ruling to only blessings [and not verbal Mitzvos]; Michaber 6:4 regarding Birchas Hashachar “They intend to not be Yotzei”; Tehila Ledavid 6:4 in understanding of Michaber ibid [See however Michaber 489:3 and M”B 48918 who implies one is not Yotzei unless he has Kavana to be Yotzei] See Piskeiy Teshuvos 489:8; All Poskim who rule that Rabbinical commands don’t need Kavana

Source of Admur’s ruling: This ruling of Admur that one can fulfill a verbal Mitzvah through overhearing another is a novelty that is not explicitly recorded in Poskim prior to Admur. However, it is rooted in a response of the Rashba 1:458 regarding whether one may repeat a blessing after hearing it from the Chazan, to which the Rashba answer’s that one may only do so if he had in mind to not be Yotzei, however if he had no Kavana then he is Yotzei according to those who rule that Mitzvos don’t need Kavana. This ruling of the Rashba is recorded and hinted to in the Michaber ibid and Rama ibid as well as the other Poskim. The novelty of Admur ibid is that he extends this ruling even to the Mitzvah of Sefira. It is possible to learn this way as well in the M”A ibid. as explained in the Machatzis Hasehkel and P”M ibid.

[6] The reason: As rabbinical mitzvah’s do not require Kavana in order to fulfill his obligation. [Opinion in Admur 213:4 in parentheses and opinion in Admur 60:5 and 489:12; Bach 475; M”A 60:3; Rashba Brachos 13b; Ran R”H 3 in name of Geonim]

[7] Conclusion of Admur 213:4 in parentheses “One should suspect for their words and be careful not to enter into a questionable blessing in vain”; Admur 489:12 that one who overheard the Sefira from another is to repeat the Sefira without a blessing; Implication of Rashba ibid

Contradiction from Admur 6:9: In 6:9 Admur rules that one may repeat Birchas Hashachar if he did not have in mind to fulfill his obligation. This is a change in wording from the Michaber 6:4 who says “They intend to not be Yotzei”. The wording of the Michaber ibid is based on the Rashba, while that of Admur is based on the Iggur. Vetzaruch Iyun Gadol, as this seemingly contradicts the above ruling from 489:12 and 213:4 which does not allow one to repeat the blessing unless he had in mind to not be Yotzei as writes Michaber ibid. [Tehila Ledavid 6:4 asks this question and concludes with a Tzaruch Iyun Gadol] Some suggest the following explanation: By Birchas Hashevach, which is the case in 6:9, Admur holds one must have in mind to be Yotzei from another in order to fulfill his obligation, as otherwise it cannot be considered that he praised anyone. However, by Birchas Hanehenin or Mitzvos, according to one opinion even if he does not have in mind to fulfill his obligation he is nevertheless Yotzei. [Chikreiy Halachos 9:8]

Contradiction from Admur 296:17: In the end of 296:17 it is implied that if one does not have in mind to fulfill Havdala then he must repeat Havdala later. This seemingly contradicts the ruling that one possibly fulfills his obligation even if he simply heard a blessing without having in mind, and it is thus only questionable if he must repeat Havdala. See Tehila Ledavid 296:4 who raises this question. However seemingly the meaning here of Admur is as he wrote earlier in that same Halacha that “if one had in mind to not fulfill his obligation” and hence here too in the conclusion of the Halacha Admur’s intent is not that one did not have in mind to be Yotzei but rather that he had in mind to not be Yotzei.

[8] Admur 489:12 that one who overheard the Sefira from another is to repeat the Sefira without a blessing

[9] Admur 213:4

[10] Admur 213:4; 489:12 regarding Sefiras HaOmer

[11] Admur 489:12 regarding Sefiras HaOmer

[12] Heard from Rav Yehuda Leib and Eliyahu Landa Shlita; The Rebbe by Farbrengens was not heard to say blessings aloud, allowing the public to answer Amen; See also Smeh and Shach ibid that only by Milah is it an actual obligation

[13] The reason: As Admur 213:4 rules that one who hears a blessing according to some opinions is Yotzei even if he did not have intent to be Yotzei, and hence in order to prevent others from entering into this doubt we therefore recite the blessings silently.

[14] Admur 489:12 regarding Sefiras Haomer and so applies to all Brachos; Rama 489:3; M”A 489:8; Rashba ibid, brought in Beis Yosef 489; Michaber 6:4 “They intend to not be Yotzei”; Tehila Ledavid 6:4 in understanding of Michaber ibid

[15] The reason this intent helps even according to those that rule the Mitzvos do not need intent: As even according to the opinion who holds that that Mitzvos do not need intent to fulfill ones obligation, if one specifically has in mind to not fulfill his obligation everyone agrees he is not Yotzei against his will. [489:12; Rama 489:3; M”A 489:8; Chok Yaakov 489:14] However it is not enough to simply have in mind to not have intention to fulfill his obligation with him; rather he must have in mind to not fulfill his obligation. [489:12]

[16] Meaning that he negated intent to be Yotzei but did not have intent to not be Yotzei.

[17] Admur 489:12

The reason: As having in mind to not be Yotzei does not help at all according to those who hold that one does not need to have in mind at all in order to be Yotzei. [Admur ibid]

[18] As one can only be Yotzei with another “If he heard from one who is obligated in this Mitzvah” [Admur 489:1] and a woman is not obligated in Sefiras Haomer. [Admur 489:2] Likewise, male children may be under debate if they are even obligated at all in this Mitzvah [See Halacha 2C!] and even if they are, their obligation is merely due to Chinuch. [See Michaber 689:2 based on Tana Kama in Megillah 19b and so rules: Rosh; Bahag; Levush; Bach; Olas Shabbos 689:3; Peri Chadash; Beis Yosef 689 in name of Levush; Peri Megadim 689 A”A 1; M”B 689:6; Kaf Hachaim 689:11]

[19] See Piskeiy Teshuvos 489:8 based on Michaber Y.D. 274:1 regarding Leshma of Sefer Torah that it can extend for the entire duration of the writing [aside for the Azkaros]; See also Chelkas Yehoshua 4:4; Sefer Sefiras Haomer end of chapter 8

Answering Amen:

Initially it is an absolute obligation for one to answer Amen to a blessing that he hears, even if he does not have intent to fulfill his obligation with that blessing as explained in length in Chapter ?? Halacha ??, and certainly if he does.

Bedieved if did not answer Amen:^[1] Bedieved, if one listened to a blessing with intent to be Yotzei but did not answer Amen he nevertheless fulfills his obligation.

[1] Admur 213:4; [See also Admur 8:11; 104:5; 124:6; 201:5] Michaber 213:2; Rambam Brachos 1:11; Brachos 45b

9. Not to answer Baruch Hu Uvaruch Shemo:^[1]

Whenever a person has in mind to fulfill his obligation with a blessing, then he is not to say Baruch Hu Uvarach Shemo upon hearing Hashem’s name said in the blessing.^[2]

Bedieved if said Baruch Hu Uvaruch Shemo: In the event one said Baruch Hu Uvaruch Shemo it is possible that one has not fulfilled his obligation of the blessing.^[3] For this reason it is imperative to warn the public of this matter, as many are unaware of this.

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[1] Admur 124:2; Degul Merivava, Chayeh Adam and other Achronim brought in M”B 124:21; See Shraga Hameir 5:55; Piskeiy Teshuvos 585 footnote 29; 124:11 footnote 106; Mishneh Halachos 13:16

[2] The reason: Whenever a person is hearing a blessing with intent to fulfill his obligation, such as by Kiddush, Havdala and blessings over fruits and Mitzvos, he may not answer Baruch Hu Uvaruch Shemo, being that one who hears [and fulfills his obligation] is like one who is saying it himself and it is forbidden to make an interval in the midst of a blessing. [Admur 124:2 in parentheses]

[3] Admur ibid; Chayeh Adam brought in M”B 124:21; See Shraga Hameir ibid that in such a case he also missed the words “Elokeinu Melech Haolam of the person saying the blessing; See Minchas Elazar 1:20

The reason: It is possible that even Bedieved one does not fulfill his obligation as since he made an interval between Hashem’s name and Malchus with words that were not inserted by the Sages he has therefore swerved from the wording of the blessings that was set by the Sages. [Admur ibid in parentheses]

Other opinions: Some Poskim rule that if one answered Baruch Hu Uvarach Shemo he nevertheless fulfills his obligation. [conclusion of M”B ibid; Mahram Shick 51; Birkeiy Yosef 213:3 in name of Mahrash Abuhav; Piskeiy Teshuvos 124:11 and 585:3]

May one listen to music and dance on a fast day?

Some Poskim^[1] rule it is forbidden to listen to music or dance from the night of the fast.

[1] See Biur Halacha 552 “Merosh Chodesh”; Kitzur SHU”A 122:1 “On the 17^th of Tamuz and the tenth of Teves it is forbidden”; Even Yisrael [Fisher] 7:28; Piskeiy Teshuvos 550:7