Supplement on reciting Brachos on Shavuos morning if one did not sleep at night

Taken from “Awaking like a Jew” chapter 4 Halacha 16; Chapter 8 Halacha 4

1. The definition of not having slept:^[1]

One who did not sleep for a period of thirty minutes at night is considered as if he did not sleep at all. If one is in doubt as to the amount of time he slept, then those blessings which require one to sleep in order to be allowed to be said, are to be said without the mentioning of G-d’s name. The following are the laws of the blessings that he may recite.

2. The law of Netilas Yadayim if one did not sleep at all throughout the night:

There is a dispute amongst Poskim^[2] as to whether one who did not sleep at night is required to wash his hands in the morning. Furthermore, even amongst to those Poskim who 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.

 

The custom:^[3]

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.^[4] The washing and blessing is to be done immediately after Alos.^[5] One should use the bathroom prior to washing.^[6]]

 

The ruling of the Siddur:^[7]

Wash one time before prayer: If one did not sleep throughout the night, or slept for less than 60 breaths worth^[8] then the spirit of impurity does not reside upon him at all^[9], 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.^[10]]

 

The Ruling of the Shulchan Aruch:^[11]

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^[12]] 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.^[13]

 

Summary: If one did not sleep at night, according to Chabad custom [immediately] after Alos one is to [go to the bathroom and] wash his 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?[14] No.   Which opinion of Alos is one to follow in the above-mentioned law?[15] One is to be stringent in this regard to follow the opinion who states that Alos begins 72 fluctuating minutes prior to sunrise.

 

3. Elokaiy Neshama:^[16]

Ruling of the Siddur:^[17] If one did not sleep throughout the night, or slept for less than 60 breaths worth [i.e. thirty minutes^[18]] then one is not to recite the blessing of Elokaiy Neshama. [If one is in doubt whether he slept for 60 breaths than he is to recite the blessing without Hashem’s name.^[19]]

Chabad Custom:^[20] The accepted, widespread, custom amongst Chabad Chassidim is to recite the blessing of Elokaiy Neshama even if one did not sleep the night before. [The blessing is to be said after Alos^[21], immediately after washing hands with a blessing.^[22]]

4. Asher Yatzar:^[23]

If one did not sleep during the entire night then he may not recite the blessing of Asher Yatzar unless he uses the bathroom beforehand.^[24]

If one slept 60 breaths?^[25] If one slept for sixty breaths at night [30 minutes^[26]] then he may recite the blessing of Asher Yatzar upon awakening, even if he cannot relieve himself, so long as it is past midnight. Nevertheless he is to try to relieve himself as explained above. If he slept for less than sixty breaths it is considered as if he did not sleep that night.

If one is in doubt if he slept sixty breaths?^[27] If he did not use the bathroom then he is to say the blessing of Asher Yatzar without Hashem name. It does not help to hear the blessing from another person being that it is considered as part of Birchas Hashachar of which Admur rules one only fulfills his obligation if he hears the blessing said with a Minyan.^[28]

5. The morning blessings:

Blessings of “Hanosen Lasechvi Binah” until “Hagomel Chassadim Tovim”:^[29] One is to recite all the fifteen morning blessings [starting from Hanosen Lasechvi Binah until Hagomel Chassadim Tovim^[30]] even if he did not sleep the night before and hence did not receive their corresponding benefits.^[31] Nevertheless, if possible, it is proper for one to receive the pleasures of as many blessings as he can.^[32]

From when may the above blessings be recited if one did not sleep the previous night?^[33] If one did not sleep the night before and hence did not receive the benefit that corresponds to a particular blessing, such as he did not switch clothing, then that blessing may only be said after Alos [daybreak].^[34] [If however he received the corresponding benefit after midnight then he may say that blessing even before Alos.^[35]] Hence if one heard the rooster crow after midnight he may say the blessing of Lasechvi Bina. If however he heard the rooster crow before midnight then the blessing may not be said until Alos.^[36]

Summary: If one did not sleep at night for a period of thirty minutes the Chabad custom is to recite all the morning blessings [including Al Netilas Yadayim, Elokaiy Neshama and Hamaavir Sheiyna] from after Alos. This however is with exception to Asher Yatzar which may only be said if one went to the bathroom. One may not say these blessing prior to Alos unless one received their corresponding pleasure.

Q&A If one is in doubt if he slept for sixty breaths may the morning blessings be said prior to Alos?[37] If one is in doubt as to whether he slept for sixty breaths[38], he should be stringent and wait until daybreak to say the blessings which he has not received their corresponding pleasure. Those blessings which require one to sleep in order to be allowed to be said[39] are to be said without the mentioning of G-d’s name.   Which Alos is one to follow with regards to saying Birchas Hashachar?[40] One is to be stringent in this regard to follow the opinion which states that Alos begins 72 minutes prior to sunrise.

 

6. Birchas Hatorah:^[41]

One is to recite Birchas Hatorah even if he did not sleep at all the previous night. [There is no need to try to hear the blessing from another person.^[42]] However the blessing may only be said starting from Alos^[43], just as is the law regarding Birchas Hashachar.^[44] [If however one slept at night a standard sleep then the blessing is recited even prior to Alos, if it is past midnight. If however he only slept a temporary sleep it is considered as if he has not slept at all, and thus the blessing may not be recited until Alos.]

Q&A Which Alos is one to follow with regards to saying Birchas Hatorah?[45] One is to be stringent in this regard to follow the opinion which states that Alos begins 72 minutes prior to sunrise. One may learn Torah until this time arrives, even though it is past the Alos of other opinions [90 minutes and 120 minutes].   May one continue learning past Alos, prior to reciting Birchas Hatorah? One may not continue learning Torah past Alos [of 72 minutes], and thus he is to stop learning and recite Birchas Hatorah.[46] However some Poskim[47] are lenient to allow one to continue learning past Alos, prior to saying Birchas Hatorah. What is the law if one recited the blessing prior to Alos?[48] The blessing must be repeated after Alos.[49] However there are Poskim[50] that rule one is not to repeat the blessing a second time, and is rather to hear it from another person or have in mind to fulfill his obligation within prayer. What is the definition of a standard sleep versus a temporary sleep?[51] A standard sleep refers to one who went to sleep for the night following his normal custom. Thus if one went to sleep on a bed[52] for a period of at least thirty minutes[53] it is considered a standard sleep, and he is to recite Birchas Hatorah upon awakening past midnight.[54] If however one slept on a chair and the like then even if he slept for many hours it is considered a temporary sleep, and a blessing is not recited.[55]

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[1] Ketzos Hashulchan 5:5

[2] Some Poskim rule one is to wash with a blessing. [Bach 4; Maaseh Rav, brought in M”B 4:30] Others rule one is to wash without a blessing. [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; Maharam Shick 1] Others rule one is to only wash with a blessing if he dirtied his hands. [Olas Tamid 4:8; Elya Raba 4:8; Rebbe Akiva Eiger; M”B 4:30; Maharsham 3:126; See Kaf Hachaim 4:49] Others rule there is no need to wash at all. [Siddur; implication of students of Arizal brought in Birkeiy Yosef 4:5 and 46:12]

[3] 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 9^th of Tishrei 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; Maharsham 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 who agree with this opinion. It thus seems that the M”B accepts the opinion of the Bach as the final Halacha.

[4] 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.

[5] Based on Admur 4:13 who explicitly writes that those opinions who 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.

[6] 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]

[7] 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 who 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]

^[8] See Halacha 17 Q&A

[9] 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 Aaron 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.

[10] Ketzos Hashulchan 5:5

[11] 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 Aaron on Beis Yosef; Mamar Mordechai 4:8; Nivei Shalom 4:9; Maharam Shick 1

[12] 4:14. See next footnote

[13] 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 who did not sleep at all. [Admur 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 one’s 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.

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

[15] Rav A”C Naah in Shiureiy Tziyon 37 “One needs initially to be stringent like all opinions”; See Piskeiy Teshuvos 47:16; Upashut!

[16] This matter is based on different ways of learning the Peri Eitz Chaim. Practically the ruling of the Siddur differs from the accepted custom today as is explained here. Regarding hearing the blessing of Elokaiy Neshama from another person, see Halacha 12 in footnotes.

[17] Siddur based on Peri Eitz Chaim Shaar Habrachos 4 as explained in Shaar Hakolel 1:10 unlike Shaareiy Teshuvah 46:12; So rules also Ketzos Hashulchan 5:5; Hagahos Ateres Zahav 46:6; M”B 46:24 in name of Elya Raba; Piskeiy Teshuvos 46:15. See Ketzos Hashulchan 5 footnote 8; Shaar Hakolel 1:10 and Rav Raskin on Siddur p. 8 for the disproof against the understanding of the Shaareiy Teshuvah in the Peri Eitz Chaim; See also Yagdil Torah Jerusalem 5:40. The following Poskim rule one is to hear the blessing from another person: Peri Megadim 46 A”A 2; Shaareiy Teshuvah 46:12; M”B ibid; Siddur Yaavetz; Chayeh Adam 8:9; Derech Chaim; Birchas Habayis 35:2; Likkutei Maharich; Toras Chaim Sofer 7.

The reason: This blessing of Elokaiy Neshama refers to one’s personal benefit of awakening and not the general pleasure that the world receives. Therefore it may not be said if one did not receive this personal benefit. [Ketzos Hashulchan 5 footnote 8; Peri Megadim 46 A”A  2]

Ruling of Admur in Shulchan Aruch: Admur does not explicitly state in the Shulchan Aruch whether or not one is to say the blessing of Elokaiy Neshama if he did not sleep at night. However it is implied from 46:7 and 494:3 that it is to be said. See glosses of Rav Raskin on Siddur p. 8

^[18] See Chapter 4 Halacha 17 Q&A

[19] Ketzos Hashulchan 5:5

[20] 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. 8

Background:

In a letter dated on the 9^th of Tishrei 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 has become 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.

Other Poskim which rule like this opinion: Shaareiy Teshuvah 46:12 in accordance to his understanding of the Arizal in Peri Eitz Chaim; Birkeiy Yosef 46:12; Kaf Hachaim 46:49; Shulchan Hatahor 46:8; Aruch Hashulchan 46:13; Ben Ish Chaiy Bracha 3; Or Letziyon 2:4-9.

[21] 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.

[22] See Chapter 4 Halacha 16

[23] Peri Megadim 4 A”A 2; M”B 4:3; Ketzos Hashulchan 5:2

Other Opinions: According to the reason of the Darkei Moshe [see previous footnotes] one may say the blessing of Asher Yatzar even if he did not sleep the previous night. [Peri Megadim ibid] In Hiskashrus Harav Ginzberg understands that the blessing may be said even if one did not use the bathroom, based on Minhag Haolam. He basis his ruling on the Rebbe in Yechidus [Heichal Menachem 2:213]. However see Shulchan Menachem p. 17 that the Rebbe referred him to go to the bathroom beforehand and hence the entire basis of Rav Ginzberg is unfounded.

[24] If one did not need relieve himself he may not say Asher Yatzar in a case that he did not sleep as even according to the custom which states that Asher Yatzar is recited as a thanks to Hashem for making a person a new creation, in this case he did not become a new creation. Now, although Admur rules [46:7] that one is to recite all the morning blessings even if he did not receive the pleasure of the blessing, as it is a general worldly pleasure, nevertheless regarding Asher Yatzar this does not apply. The reason for this is because from Talmudic law Asher Yatzar is only said after bathroom use and it is only customary to recite it every morning due to the pleasure received. Hence one may not use this custom to novelize a new law and apply it even in a case that one did not receive the pleasure that the custom requires. 

[25] Ketzos Hashulchan ibid

[26] See Chapter 4 Halacha 17.

[27] Ketzos Hashulchan 5:5; Seemingly a doubt in this regard would include if one knows the amount he slept but it was between one-thirty minutes of which there is a dispute if it constitutes 60 breaths. [See Chapter 4 Halacha 17 in Q&A]

[28] Ketzos Hashulchan ibid footnote 9 based on Admur 59:4; unlike Shaareiy Teshuvah 46 footnote 12

^[29] 46:7; Siddur; Ketzos Hashulchan 5:6

[30] The blessing of Hamaavir Sheiyna until Hagomel Chassadim Tovim: Some Poskim [Ateres Zahav 46:6; Elya Raba brought in M”B 46:24] rule that if one did not sleep the night before he is not to say the blessing of Hamaavir Sheiyna, being that it is said for removing the slumbers of sleep from one’s eyes. [see Admur 46:7 in parentheses] Other Poskim however rule it is to be recited. [Shaareiy Teshuvah 46:12 in name of Arizal; Birkeiy Yosef 46:12; Kaf Hachaim 46:49; Shulchan Hatahor 46:8; Aruch Hashulchan 46:13; Ben Ish Chaiy Bracha 3; Or Letziyon 2:4-9] The following Poskim rule one is to hear the blessing from another person: Peri Megadim 46 A”A 2; Shaareiy Teshuvah 46:12; M”B ibid; Siddur Yaavetz; Chayeh Adam 8:9; Derech Chaim; Birchas Habayis 35:2; Likkutei Maharich; Toras Chaim Sofer 7.

Ruling of Admur: According to the Siddur and Shulchan Aruch 46:7 one is to recite the blessing of Hamaavir Sheiyna even if he did not sleep the night before. [Ketzos Hashulchan 5:6] Regarding why according to the Siddur one does not recite Elokaiy Neshama but does recite Hamaavir Sheiyna-see Ketzos Hashulchan 5 footnote 8 and Shaar Hakolel 1:10

[31] This follows the practiced custom that the morning blessings are said in gratitude for the general pleasure that people receive, as explained in the previous Halacha. Thus one says all the above mentioned blessings every morning, despite not having slept the night before.

[32] Thus one is to try to change at least one clothing, put on a belt and hat prior to saying the blessings. This is done in order to suspect for the first opinion mentioned in background which is stringent in this matter. Although this ruling is not recorded in the Siddur the Ketzos Hashulchan 5:6 records this ruling after bringing the ruling of the Siddur.

[33] Siddur; 47:7; Ketzos Hashulchan 5:6; See also 4:13 that the washing is to be done after Alos; This is not mentioned in previous Poskim. Tehila Ledavid 4:10 questions this matter of whether one must wait until Alos to say blessings that he did not receive pleasure from. He brings support from 47:13 that according to the Rama it is not necessary. Piskeiy Teshuvos 46:15 writes it is proper to suspect for these words of Admur in the Siddur.

Other Opinions: The Mekubalim rule that one is to recite all the morning blessings from after midnight, even if one did not sleep at night and did not receive their corresponding blessings. [Kaf Hachaim 46:49 in name of Rashash in Nehar Shalom and Arizal; brought also in Shalmei Tzibur 46 and Zechor Leavraham 1:300]

Yair Hayom versus Alos: In the Siddur Admur uses the term Alos while in the Shulchan Aruch 47:7; 47:9 and in the Siddur regarding Birchas Hatorah the term “Yair Hayom:Daylight” is used. Vetzaruch Iyun as to whether there is a difference between Yair Hayom and Alos. Seemingly there is no difference as Admur states that one may say the blessings starting from Alos [Siddur] and Yair Hayom [Siddur by Birchas Hatorah] and if there were a difference this would create a contradiction in Admur in the Siddur. Nevertheless it remains to be understood why Admur uses different terms each time. See glosses of Rav Raskin on Siddur p. 16 and 22.

[34] The reason for waiting until after Alos: Seemingly the reason for this is because it is not applicable for one to say a blessing based on the worldly custom prior to the common time that people of the world receive these pleasures. [See Tehila Ledavid ibid]

[35] Regarding saying the blessings before day break, from Admur in Siddur and from Ketzos Hashulchan 5:6 it is implied that it has the same Halachic status as one who has slept and woke up before daybreak, in which the ruling is that one may say any blessing for which he has already received the corresponding pleasure. This is implied from the fact that he writes that if one heard the rooster crow before dawn then he may say the blessing of Hanosen upon hearing it. Seemingly the same should apply if he received the corresponding benefits of other blessings. This is also implied from the wording of the Siddur “and he did not yet become obligated in them” implying that it is possible to not sleep and nevertheless become obligated in them prior to dawn.

[36] Siddur; 47:9 regarding one who slept at night; See next Halacha in footnotes regarding the significance of midnight.

Other Opinions: According to the Michaber 47:13 one may never say the blessing of Hanosein Lasechvi Bina prior to Alos even if he heard the rooster crow. So is also implied from M”A 47:13 that one is initially to be stringent not to say the blessing.

[37] Based on Ketzos Hashulchan 5:5 regarding the blessing of Netilas Yadayim, Asher Yatzar, and Elokaiy Neshama that he writes that they should be recited without the mention of G-d’s name, being that he rules that if one did not sleep then these blessings may not be recited. However according to our custom to recite Elokaiy Neshama and Netilas Yadayim, despite not having slept the night before, as explained above, one would be able to recite it with G-d‘s name. And only the blessing  of Asher Yatzar is to be recited without G-d’s name if one had not gone to the bathroom. Nevertheless, these blessings, as well as all the other morning blessings, are to only be recited once it has reached daybreak [Alos Hashachar], being that we are in doubt if one had slept enough time, and thus must be stringent to say them only upon daybreak just like is the law when one has not slept.

[38] Seemingly a doubt in this regard would include if one knows the amount he slept but it was between one-thirty minutes of which there is a dispute if it constitutes 60 breaths. [See Chapter 4 Halacha 17 in Q&A]

^[39] According to our custom this only refers to the blessing of Asher Yatzar and only in a case that one has not gone to the bathroom.

[40] See Piskeiy Teshuvos 47:16; Upashut!

^[41] Siddur; 47:7 [if no one is available]; and so rules: M”A 47:12; Elya Raba 47:9; Birkeiy Yosef 46:12; Mor Uketzia 47; Aruch Hashulchan 47:23; Kaf Hachaim 47:26; Soles Belula 47:4; Chayeh Adam 9:9; Derech Chaim; Mateh Yehuda 47:16; Ketzos Hashulchan 5:8; Birchas Habayis 34:8;  Heishiv Moshe 2; Piskeiy Teshuvos 47:16.

Background from Shulchan Aruch 47:7:

If one was awake the entire night, according to the first opinion [mentioned in Background of previous Halacha] a blessing is not to be said in the morning, so long as one has not removed his mind from learning Torah. However according to the second opinion there which equates Birchas Hatorah to Birchas Hashachar, one is required to recite the blessing after Alos just as is the law with Birchas Hashachar, that the blessings are to be recited after Alos even if one did not receive their corresponding benefits.

Final ruling of Admur: In conclusion Admur in the Shulchan Aruch rules that one who desires to avoid doubt [of saying a blessing in vain], if possible, is to hear Birchas Hatorah from another person, having in mind to fulfill his obligation. Nevertheless, one who is unable to do so may say the blessing himself [as the custom is like the view mentioned above]. [ibid; and so rules Chayeh Adam ibid] Thus in the Shulchan Aruch Admur suspects for the first opinion, even though the second opinion is the main Halachic ruling. However in the Siddur, Admur plainly rules like the second opinion, that one may say the blessing himself, making no mention of the dissenting opinion. [Ketzos Hashulchan ibid; Glosses of R. Raskin on Siddur footnote 134] Hence according to the Siddur there is no need to hear the blessing from another person. [Shvil Hachaim 4:5; Piskeiy Teshuvos 47 footnote 135] Seemingly this is due to the fact that the Arizal held that Birchas Hatorah is to be recited even if one did not sleep at night. [Peri Eitz Chaim 4]

Other Opinions: The M”B 47:28 rules that one may not say the blessing himself and rather one is to hear the blessings from another person who slept, or is to have in mind to fulfill his obligation in Birchas Shema.

The law if one slept during the day a Shinas Keva: Rav Akiva Eiger rules that if one slept a set sleep during the day then according to all he is obligated to recite the blessing in the morning upon Alos. [M”B 47:28; See Levushei Mordechai 1:19] Likewise if one went to sleep in the morning after staying awake all night then he may recite the blessing after awakening according to all. [See Piskeiy Teshuvos 47:16]

[42] Shvil Hachaim 4:5; See previous footnote that this is disputed between the Siddur and Shulchan Aruch, and we rule like the Siddur. Vetzaruch Iyun why the Nesiv Hachaim [on the Derech Chaim 4:5] which brings instances that Admur argues on the Derech Chaim does not make mention of the fact that according to the Siddur one may say the blessing himself. Perhaps he learned that the Siddur’s omission of the dissenting opinion is not really a proof that Admur retracted his suspicion for the opinion in Shulchan Aruch. To note that in the Shevil Hachaim (by Rav Avraham Chaim Naah), which is a supplement to the Nesiv Hachaim, he does make note of this point that according to Admur one does not need to hear the blessing from another, however his proof is not from the Siddur but from the 59:4 which states that by the morning blessings one never fulfills his obligation through hearing another person saying them unless there is a Minyan present. This is a wonderment being that according to this view of 59:4, that it is also referring to the Torah blessing, there is an explicit contradiction between the ruling here in 47:7 and that in 59:4. Vetzaruch Iyun Gadol!

[43] Yair Hayom versus Alos: In the Siddur and Shulchan Aruch 47:7; 47:9 Admur uses the term Yair Hayom while in the Siddur regarding Birchas Hashachar the term “Alos” is used. Vetzaruch Iyun as to whether there is a difference between Yair Hayom and Alos. Seemingly there is no difference as Admur states that one may say the blessings starting from Alos [Siddur] and Yair Hayom [Siddur by Birchas Hatorah] and if there were a difference this would create a contradiction in Admur in the Siddur. Nevertheless it remains to be understood why Admur uses different terms each time. See glosses of Rav Raskin on Siddur p. 16 and 22 

[44] See Chapter 8 Halacha 7; So rules also Halef Lecha Shlomo 33; Kaf Hachaim 47:29 [unlike his ruling in 46:49 regarding Birchas Hashachar that it may be said from midnight.]

[45] Piskeiy Teshuvos 47:16; Upashut!

[46] Kaf Hachaim 494:12; Ashel Avraham Butchach 46; Poskim brought in Piskeiy Teshuvos 47 footnote 139; and so rules Shevach Hamoadim [page 240] and Luach Kolel Chabad. So is clearly implied from Admur in Siddur that rules it is forbidden to learn prior to the blessing despite the fact that he rules Birchas Hatorah is like Birchas Hashachar. This clearly disputes the ruling of the Maharshag and Rav Raskin brought in next footnote.

[47] Maharshag 1:62; Minhag Yisrael Torah Hi 47:1; Poskim brought in Piskeiy Teshuvos 47 footnote 141; and so concludes Rav Raskin in his glosses on Siddur footnote 135 [however there are many questions on his explanation there as brought in previous footnote]; See Hiskashrus Shavuos and Sukkos  which debates this matter.

[48] Kaf Hachaim 47:29; Piskeiy Teshuvos 47:16

[49] Kaf Hachaim 47:29; and so is implied from Admur in Siddur and 47:7 as according to all opinions prior to Alos he is not yet obligated to say the blessing and the first blessing was hence a blessing in vain.

[50] Betzel Hachochma 5:168; Piskeiy Teshuvos 47:16 footnote 144

[51] See M”B 4:27; See Admur 47:7 which differentiates between sleeping on a bed and on ones arms; Piskeiy Teshuvos 4 footnote 18 and 47:15 and 47:17

[52] Admur 47:7; It makes no difference whether he slept on his bed or a different bed, and either way it is considered a standard sleep. [Maharsham 3:337]

[53] See Admur in Siddur regarding Netilas Yadayim that defines a temporary sleep as even more than 60 breaths. [See Chapter 4 Halacha 17] Some Poskim rule it refers to one who slept on his bed for a period of 2-3 hours. [Makor Chaim of Chavos Yair 47]

[54] Regarding one who did not change his clothing: Piskeiy Teshuvos ibid writes that it is considered a temporary sleep. [See also Halichos Shlomo 6:2] However the Maharsham 3:337 writes explicitly that even if one fell asleep in his clothing on his bed, or even a different bed, it is considered a standard sleep and he is to say the blessing, as only one who sleeps on his arms is considered a Shinas Aray.

[55] Piskeiy Teshuvos ibid; as this is similar to one who sleeps on his arm. Piskeiy Teshuvos ibid adds however that if one planned to sleep in this method for the night, such as one who does not have a bed available, then it is considered a standard sleep for him regarding that night.

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