📖 0. Chapter 9: Birchas Hatorah

Chapter 9: Birchas Hatorah

 

1. The importance of reciting the blessing over Torah study:[1]

One must be very careful to recite the blessing of Birchas Hatorah.

The punishment received for being lax in this blessing:[2] The land of Israel was made desolate[3] due to that [the Torah sages and their students[4]] were not careful to recite this blessing prior to their learning. The reason they were lax in reciting the blessing is because the learning of Torah was not held in their eyes to such esteem to require a blessing, and therefore they were negligent in its recital.[5] Thus although they learned a lot of Torah, the Torah did not protect them. Therefore every person must be careful that the Torah, which is the object of pleasure which G-d joyfully engages in daily[6], be of importance in his eyes.

Saying the blessing with joy: The Torah is to be of such importance in one’s eyes that he recites the blessing with greater joy than any other worldly pleasure.[7] This joy reflects that one is learning Torah “Leshma”, for the proper motif [which is to unite with G-d[8]].

The reward: One who recites the blessing over Torah in such a manner will merit that which he prays for in the blessing, that his descendants will also continue to learn Torah in such a faithful manner, and thus the learning of Torah will not cease from his family line. [On the other hand one who is not careful in this will not merit seeing his descendents follow this path.[9]]

 

The Bach-The true reason behind learning Torah and the punishment for lack of the blessing: The famous codifier, the Bach, writes the following in his Halachic commentary on the Tur, [chapter 47]: Why did G-d give such a severe punishment simply for not saying the blessing prior to learning Torah? Isn’t this a merely minor sin? The explanation is as follows: The purpose of Hashem commanding us to learn Torah is for us to attach our souls to the Atzmus, spirituality and holiness of the source of the Torah, [which is G-d]. Therefore Hashem gave us the Torah so we attach all our 248 limbs and 365 sinews to the 248 positive commands and 365 negative commands. If one learns Torah with this intent he will become a chariot and chamber for the Divine presence, as the Shechina itself becomes invested within ones soul and he would thereby make a dwelling place for G-d below. If however one does not learn Torah for this purpose, but rather for personal gain, then it causes the Shechina to be repelled from the earth which consequently causes the land to become desolate.   Segula for memory:[10] Reciting the blessing over Torah with proper concentration is a Segula to not forget one’s learning.

Q&A Is Birchas Hatorah of Biblical or Rabbinical origin?[11] The Gemara[12] asks: From where do we learn that Birchas Hatorah is Biblical? As the verse[13] states “Ki Sheim Hashem Ekra Havu Godel Lelokeinu /As I will call the name of Hashem, bring greatness to our G-d.” Many Poskim[14] learn from this Gemara that Birchas Hatorah is a Biblical command. Other Poskim[15], however, learn it is of Rabbinical origin and the above statement of the Gemara is merely to find support of the Rabbinical decree within scripture [i.e. Asmachta]. According to all, women are not Biblically obligated to recite Birchas Hatorah even according to those opinions who hold Birchas Hatorah is Biblical.[16]   If one is unsure whether he recited Birchas Hatorah, is he to recite the blessing?[17] Some Poskim[18] 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.[19] Other Poskim[20], however, rule that in any case of doubt we follow the rule of Safek Brachos Lihakel which is applicable to all blessings, and hence Birchas Hatorah is not to be recited. Practically one is not to repeat the blessing.[21] If one did not yet Daven he should have in mind to fulfill his obligation in Davening.[22] In such a case it is permitted for him to learn Torah prior to Davening.[23] Alternatively, one should hear the blessing from someone else.[24] Alternatively, one is to receive an Aliya to the Torah.[25] This law applies whether one is in doubt as to if he said any of the three blessings or only one of the three blessings; in either case he is not to repeat any blessing of which there is a doubt.[26] According to all, women are not to recite Birchas Hatorah if they are in doubt if they said it.[27]   Bar Mitzvah boy repeating Birchas Hatorah on night of Bar Mitzvah:[28] It is questionable whether a child is required to say Birchas Hatorah on the night of his Bar Mitzvah prior to learning Torah.[29] Accordingly, it is proper for the child to Daven Maariv immediately after nightfall on the night of his Bar Mitzvah and intend to fulfill the Mitzvah of Birchas Hatorah with his recital of the blessing of Ahavas Olam, and Shema, and to then learn Torah immediately after the prayers.[30]   If one does not plan to learn Torah that day, must/should he still say Birchas Hatorah? Yes, as according to some Poskim it is viewed as similar to the morning blessings which is a daily requirement past Alos, and includes a blessing of Shevach just like the other morning blessings.

 

2. The Nussach:
3. The three blessings:[31]

Birchas Hatorah consists of three blessings:

1. The blessing of “Al Divreiy[32] Torah”. [This blessing is considered Birchas Hamitzvah, just like one recites a blessing prior to every Mitzvah.[33]]
2. The blessing of “Viharev Na”.[34] [This blessing is considered Birchas Hanehnin, just like one recites a blessing prior to every pleasure.[35]]
3. The blessing of “Asher Bachar Banu”. [This blessing is considered Birchas Hashevach, just like one praises Hashem during the morning blessings.[36] This blessing is considered the greatest of the three.[37]]

 

1. Saying “Vetzetzaeiy Tzetzaeiynu” in the blessing of Viharev Na:[38]

There are those[39] who are particular to say “Vetzetzaeiy Tzetzaeiynu” in the blessing of Veharev Na. This is done in order to request from G-d that also their children’s children learn Torah in a faithful manner, as when ones children and grandchildren are Torah scholars one is guaranteed that the study of Torah will never cease from his descendents. Nevertheless, there is no real need to recite this, being that in any event all of one’s descendents are included in his initial request of “that the Torah not cease from Tzetzaeiynu (our descendents)”.  [In the Siddur the dialect follows this latter opinion and only Tzetzaeiynu is recited, while Tzetzaei Tzaeinu is omitted.]

 

1. “Al Divrei” versus “Laasok”:[40]

The Nussach of the blessing is “Asher Kidishanu Bemitzvosav Vetzivanu Al Divreiy Torah”.[41] However there are those who are accustomed to say “Laasok Bedivrei Torah”.[42]

 

1. May a convert recite the blessing of “Asher Bachar Banu”?[43]

Yes.

 

Reciting the words Anachnu Vitzetzaeiynu with intense concentration:[44] Upon reciting the words which bequest from Hashem to bestow the learning of Torah to our descendents one is to add in concentration and supplication. This likewise applies when reciting the prayer for our descendants in the blessing of Ahavas Olam and Uva Letziyon. A father and mother is to always add in prayer for their children to be learners of Torah, Tzaddikim and have good character traits. Q&A Must one stand upon reciting Birchas Hatorah? One is to stand when reciting the blessing[45] and so is the custom of Jewry.[46]   What is the law if one preceded one of the later blessings; may the previous blessings still be recited?[47] Ø  Example: One recited the blessing of Asher Bachar Banu prior to Al Divreiy Torah. One is to say the previous blessings that were not yet said, as the order of which the three blessings are to be said is not crucial.

 

3. Does one answer Amen after hearing someone recite the blessing of “Al Divrei Torah” by Birchas Hatorah?[48]
4. The Background & Dispute-Is Viharev Nah considered a separate blessing?

There is a dispute recorded in the Poskim regarding if the second blessing of Viharev Na is considered a continuation of the first blessing of “Al Divreiy Torah”, or if it is considered a separate blessing. Accordingly, there is a dispute regarding if there is a total of three blessings in Birchas Hatorah or if it contains only two blessings. The following is the debate:

Opinion who hold that it is considered a single blessing: Some Poskim[49] rule that there are only two blessings in Birchas Hatorah, as the blessing of Viharev Na’ah is not considered a separate blessing but rather is the conclusion of the previous blessing of “Asher Kidishanu Bemitzvosav Vetzivanu Al Divrei Torah.”[50] Hence, according to this opinion, the blessing of “Al Divrei Torah” is a long blessing which begins with a blessing of Baruch and ends with the blessing of “Baruch Ata Hashem Hamelameid.”

Opinion who holds that it is considered a separate blessing: Other Poskim[51], however, rule that there are a total of three blessings in Birchas Hatorah as the blessing of Viharev Na’ah is considered a separate blessing.[52]

This dispute has the following Halachic ramifications:

• Is a listener to answer Amen after the first blessing?[53] According to the first opinion, one may not answer amen after the words “Al Divrei Torah” and must wait to answer Amen until the conclusion of the blessing of Viharev Nah.[54] However, according to the second opinion, one must answer Amen after the words “Al Divrei Torah.”[55]
• May one make an interval between the two blessings? According to the first opinion, one may not make an interval even to answer Amen to another person’s blessing after the words “Al Divrei Torah” and must wait until the conclusion of the blessing of Viharev Nah. However, according to the second opinion, one may answer Amen to another person’s blessing after the words “Al Divrei Torah,” prior to beginning Viharev Na’ah.
• Is the second blessing of Viharev to begin with a “Vav”? According to the first opinion, one is to say Viharev Nah, with a preceding Vav in order to show that it is connected and a continuation of the first blessing.[56] According to the second opinion, there is no need to say it with a Vav, and hence one is to say Harev Nah, being that it is considered a separate blessing although if one chooses to he may.[57] Based on this opinion, the custom has become to say Harev without a Vav.[58] Nonetheless, it is better to say it with a Vav being that doing so is valid even according to the second opinion .[59] [Indeed, in the Siddur Admur writes the word Viharev with a Vav thus following his above conclusion.]

 

1. The final ruling:[60]

Many Poskim conclude, and so is the implication of Admur[61], that we rule like the second opinion above that Viharev Nah is considered a separate blessing, and hence one who hears another person reciting Birchas Hatorah is to answer Amen after each of the three blessings, including after the first blessing of Al Divreiy Torah, prior to Veharev Nah. [However, some Poskim[62] rule that due to the above dispute, the blessing of Al Divreiy Torah is to be said quietly, without allowing others to hear it, in order to avoid the controversy of whether Amen is to be answered. Practically, those who follow Admur do not have to worry of this issue, and so is the ruling of the Sephardim and Mekubalim. However, even according to Admur, in order to avoid causing others to being Yotzei his blessing, one should not say all the words out loud.[63]]

 

Summary: One who hears the blessing of Al Divrei Torah is to answer Amen after the blessing.   Q&A May one speak or make an interval between the blessings of Al Divrei Torah and Viharev Nah? One may answer Amen between these blessings.[64] However one may not make an interval for other matters being that initially one is to learn Torah immediately after the blessings, without making an interval in-between, as will be explained in Halacha 5.[65]

 

 

 

4. May one learn Torah prior to reciting Birchas Hatorah?[66]

It is forbidden to verbalize any words of Torah with ones mouth prior to reciting the blessing of Birchas Hatorah.[67] This applies individually towards Scripture, Mishna, Talmud, Midrash, as all the above is considered Torah and was given to Moses on Sinai.

May one think Torah thoughts prior to reciting the blessing?[68] It is permitted to think words of Torah prior to reciting the blessing.[69] [However one is not to think words of Torah while still lying in bed after awakening.[70] Some Poskim[71] rule one may not enter into deep thought, contemplation and analyzation of Torah, prior to Birchas Hatorah, even if he does not verbalize the words.]

May one answer a Halachic question prior to reciting Birchas Hatorah? One may give a Halachic ruling, without explanation to its reason, prior to reciting Birchas Hatorah.[72]

May one write words of Torah prior to reciting the blessing?[73] One may not write words of Torah prior to reciting Birchas Hatorah. If however one is not paying attention to the words that he is writing, as is sometimes the case when one is copying something over into writing, then one may write over words of Torah before saying the blessing. Similarly, if one is writing a letter to a friend he may write verses for the sake of formality of the letter, before saying the blessing, as he has no intention to do so for the sake of learning.

May one recite verses of Torah that are within a prayer or song prior to reciting the blessings:[74] It is proper to recite Birchas Hatorah prior to reciting any verse of scripture, even if the verse is being recited as part of a prayer, song or supplication. [Practically one may be lenient in a time of need to recite these verses prior to Birchas Hatorah.[75]] It is forbidden to recite the Parshas Hatamid [said within the morning Karbanos] prior to Birchas Hatorah.[76]

 

Q&A May one learn Torah if he has in mind not to fulfill the Mitzvah of learning Torah? Seemingly not as a) Perhaps it is forbidden to learn not for limud. B) It is no different than shema and the like.   May one learn Kabala prior to reciting Birchas Hatorah? No.[77] However there are Poskim[78]which leave this matter in question.   May one read stories of Tzaddikim before Birchas Hatorah?[79] Yes.   May a Rebbe teach Alef Beis prior to Birchas Hatorah?[80] No.   May one read words of the oral Torah prior to Birchas Hatorah if he does not understand what he is reading? This matter requires further analysis.[81]   May one listen to words of Torah prior to Birchas Hatorah? Ø  Example: May one listen to a Shiur? May one listen to another person’s Torah explanation? Some Poskim[82] rule one may not listen to a person saying words of Torah prior to reciting Birchas Hatorah. Others[83] rule that it is permitted.[84] Practically one is to be stringent to recite Birchas Hatorah, and then verbalize some Torah[85], prior to listening to someone recite words of Torah.[86] This law applies regardless of the source of the Torah words, whether a man, woman, or child.[87] Furthermore, some write[88] this law applies even to a Torah lesson playing on a CD, radio or tape machine. Others[89] however question whether it is forbidden to hear words of Torah from a recording. This however only applies if one is trying to listen to the Torah words, as opposed to one who is hearing it but not paying attention.[90]   May a sofer Stam write in the morning prior to saying Birchas Hatorah?[91] One is to be stringent not to write Stam until he says Birchas Hatorah and says the verse of Yivarechicha.[92]   May one sing songs that contain verses prior to Birchas Hatorah? One is initially to be stringent to recite Birchas Hatorah beforehand. However if one stayed awake the entire night there is room to be lenient.[93] Thus those that dance the entire night during Simchas Beis Hashoeiva, may continue singing past Alos if they did not sleep that night.   May one say Shema prior to Birchas Hatorah-Birchas Hatorah by Mivtza Tefillin? Initially, one is to recite Birchas Hatorah prior to the recital of Shema.[94] However, in a time of need, such as if Zman Kerias Shema is passing, one may say it prior to reciting Birchas Hatorah.[95] Accordingly, by Mivtza Tefillin it is proper for the individual to also recite Birchas Hatorah prior to saying Shema, if he has yet to say it that day.[96]   May one say Tehillim prior to Birchas Hatorah?[97] This follows the same ruling mentioned in the Halacha above regarding reciting verses of scripture for the sake of prayer, in which Admur rules that there are communities which are lenient to permit reciting it prior to Birchas Hatorah, although it is a more proper custom to recite Birchas Hatorah prior to reading any verse from scripture.   What is one to do if he heard the congregation reciting Shema prior to reciting Birchas Hatorah?[98] One is to say the first verse of Shema together with the congregation even though he has not yet recited the blessing over Torah.   May one recite blessings prior to Birchas Hatorah?[99] Yes.[100]   May one answer Kaddish or Kedusha prior to Birchas Hatorah?[101] Yes.[102]   May one recite the 13 attributes together with the Minyan prior to Birchas Hatorah?[103] Yes.   May one answer to Kaddish or Kedusha if he is the middle of Birchas Hatorah?[104] One may stop between the first and second blessing, and second and third blessings in order to answer. One may not stop in middle of the first[105] blessing if he already recited the name of Hashem. One who is in the middle of saying the second blessing of “Viharev Nah” may stop to answer for any Amen, Kaddish or Kedusha [if he has not yet said G-d’s name in the end of the blessing]. If one stopped to answer directly prior to saying the closing statement [starting from Baruch], then one needs to repeat a few words prior to saying it.       May one receive an Aliya to the Torah if he has not yet recited Birchas Hatorah?[106] Yes. He is to recite the blessing of Asher Bachar Banu and read along inside together with the reader.[107] After the Aliya he is to recite the two blessings of Al Divrei Torah and Viharev Nah [prior to learning Torah[108]].[109] However the blessing of Asher Bachar Banu is not to be repeated afterwards.[110] Hence as soon as he concludes the second blessing he is to immediately recite the customary Birchas Kohanim.[111] Nevertheless, initially, before the Aliya the person is to quickly recite the first two blessings of Al Divreiy Torah and Viharev Nah, and then continue aloud with the blessing of Asher Bachar Banu said on the Torah.[112] Likewise when reciting the blessing of Asher Bachar Banu he is to have in mind to fulfill his obligation of Birchas Hatorah with this blessing.[113]   May one listen to Kerias Hatorah prior to saying Birchas Hatorah?[114] No.   Can one be a Baal Korei prior to saying Birchas Hatorah?[115] No.   May one recite words of Torah if he only recited one of the three blessings of Birchas Hatorah? In a time of need one may do so.[116] Nevertheless initially one must recite all three blessings prior to learning Torah, as established the Sages.   May one do a Mitzvah prior to Birchas Hatorah?[117] Yes. However one may not say any verses that are normally recited when doing the Mitzvah.[118]

 

 

 

5. Must one learn Torah immediately after reciting the blessing?[119]

It is proper to beware to learn Torah immediately after reciting Birchas Hatorah and not to make any interval between the blessing and the learning. For this reason the custom is to recite the verses of Birchas Kohanim immediately after reciting the blessings over Torah. [One is thus not to delay at all the saying of Birchas Kohanim after Birchas Hatorah. If one made an interval between the blessing and the learning, he has nevertheless fulfilled his obligation and the blessing is not to be repeated.[120]]

 

6. What is one to learn after Birchas Hatorah?

The custom is to recite the verses of Birchas Kohanim[121] [and the Mishna of Eilu Dvarim[122]] immediately after reciting Birchas Hatorah, and through doing so one fulfills his obligation of learning Torah immediately after the blessing.[123] Nevertheless from the letter of the law one may learn any part of Torah, whether Scripture, Mishna, Talmud, or Midrash, as all the above is considered Torah and was given to Moses on Sinai.[124] One is not to fulfill his obligation of learning Torah after Birchas Hatorah by writing words of Torah after the blessing, unless he verbalizes the words that he is writing.[125]

7. Where within prayer is one to recite Birchas Hatorah:[126]

Our custom, as written in the Siddur, is to recite Birchas Hatorah immediately after the morning blessings. The following is the ruling of Admur in the Shulchan Aruch regarding when the blessing is to be said: Some places have the custom to say the blessing over Torah study right before reciting the Tamid paragraph.[127] Others are accustomed to say it immediately after saying Asher Yatzar and Elokaiy Neshama, (or after Hagomel chassadim Tovim and the Yehi Ratzon).[128] This is the more proper custom to follow [and so is the Nussach of the Siddur to say Birchas Hatorah after the Yehi Ratzon which concludes Birchas Hashachar[129]].

Selichos: On days which selichos is recited one is to say the blessing of Birchas Hatorah prior to Selichos.

 

Accidentally Said Birchas HaTorah Before the Morning Blessings

 

Question:
This has happened to me more than once. I don’t know why it happens, but sometimes when I start saying the morning blessings—birchos hashachar—right after waking up and washing my hands, I absent‑mindedly begin reciting birchas HaTorah before Hanosein Lasechvi Bina and the other blessings. Meaning, I finish the first three blessings—Asher Yatzar, Elokai Neshamah, etc.—but instead of continuing to the next morning blessings, I go straight into birchas HaTorah. If I realize this in the middle, should I stop and consider it a blessing in vain? Or should I continue the birchas HaTorah and later say the other blessings? Should I say all three blessings of birchas HaTorah and then return to the rest of birchos hashachar? Thank you.

 

Answer:
Although reciting birchas HaTorah after birchos hashachar is the custom in Chabad and Sephardic communities, it is not a strict requirement. Therefore, if you inadvertently said birchas HaTorah earlier, prior to Birchas Hashachar, it remains completely valid. In such a case, simply finish the blessing you are holding by, continue with the remaining two blessings of Birchas Hatorah, and then proceed with the rest of birchos Hashachar. Indeed, this is the Nussach of Davening practiced by Ashkenazi Jewry [including Nussach Sefarad] to recite Birchas Hatorah before Birchas Hashachar, and is hence certainly valid Bedieved for everyone else.

 

Explanation:
In the Alter Rebbe’s Siddur, birchas HaTorah is placed after birchos Hashachar. This is based on an opinion brought in the parentheses by Admur in his Shulchan Aruch, which itself is based on Siddur Rav Amram Gaon, the Rambam, the Tanya Rabasi in name of Rav Nutraiy Gaon, the Abudarahm, the Seder Hayom, the Arizal and the Shelah Hakadosh. This has become the standard practice for Sephardim who Daven Nussach Edut Hamizrach. This placement, however, is a minhag, not a halachic requirement. The obligation is simply to recite birchas HaTorah before learning Torah—not to say it in any specific order relative to the other morning blessings. Because of this, many communities, mainly of Nussach Ashkenaz, even initially recite birchas HaTorah immediately after Elokai Neshamah, prior to Birchas Hashachar, and this is considered fully valid even lechatchilah. In fact, this location of recital, immediately after Elokaiy Neshama, is explicitly mentioned in the Rama in the Shulchan Aruch, and in the Alter Rebbe’s Shulchan Aruch, and it is only in parentheses that he brings the second opinion which we follow today based on the Alter Rebbe’s Siddur.

 

Therefore, if you absent‑mindedly recite birchas HaTorah out of order—even before reciting all of birchos hashachar—your blessings are completely valid, because the order is not essential.

 

Sources:

Admur 46:8: “There are places where the custom is to recite Birchos HaTorah before the passage of the Korban Tamid. And even though many verses are said before Birchos HaTorah, we are not concerned about this, since they are said in the manner of supplications and not in the manner of Torah study and formal reading. However, the more correct custom is that of those who recite the blessings immediately after Asher Yatzar and Elokai Neshamah, (or after Hagomel Chassadim Tovim and V’yehi Ratzon), before reciting any verses from Scripture.”

Custom to recite Birchas Hatorah immediately after Asher Yatzar: 1st opinion in Admur ibid; Rama 46:9 “The custom is to recite Birchas Hatorah immediately after Birchas Asher Yatzar”; M”A 46:15

Custom to recite Birchas Hatorah immediately after Elokaiy Neshama: 1st opinion in Admur ibid; Tur 46

Custom to recite Birchas Hatorah after all Birchas Hashachar: 2nd opinion in Admur ibid in parentheses; Peri Eitz Chaim 4; Shelah Miseches Chulin Emek Habracha; Shaar Hakolel 1:16

 

 

 

Is Birchas Hatorah to be recited at home or in Shul? Our custom is to recite it at home together with all the morning blessings, as explained in Chapter 8 Halacha 9. What if one is a Baal Keri? One is to nevertheless say the blessing of Birchas Hatorah in order not to nullify the Mitzvah of learning Torah.[130]

Question: [Sunday, 1st Nissan, 5781] If one is a Baal Keri, should he delay Birchas Hatorah until after immersing in a mikvah or should he say it before in order not to nullify Torah learning until then?   Answer: If the mikvah is very nearby to one’s home, and only takes a few minutes to get to, then I would say that he should certainly first immerse and only then say the blessing, although making sure to recite the blessings immediately after leaving the mikvah. If, however, the mikvah is a distance from one’s home then one should not delay saying the blessing and learning Torah due to this and should first recite it at home and then go to mikvah. In such a case, one can choose to take a shower at home for three minutes as soon as he awakens in order to get rid of his Baal Keri state at least in a Bedieved manner, and then say the blessings and then go to mikvah. Now, while there are opinions who certainly write otherwise and are very stringent that no blessing ever be said prior to immersion, and so is the custom of various other Hasidic groups, this does not seem to be the opinion of Admur nor our Rebbe. This follows the ruling and directive of the Reishis Chochmah in Shaar Ha’ahavah 11 who writes that “One should not nullify due to this Torah or prayer, and at night prior to having immersed, one should not delay studying Torah because he has impure, and a person should not nullify from learning Torah and should consider himself during those hours prior to immersion as if he is sick, and one who is stringent upon himself to not learn Torah without immersion even when he is sick is a very strange opinion which one should not rely on. And as I wrote so was accustomed to be followed by the Arizal.” And so concord other Poskim like the opinion of the Reishis Chochmah.   Explanation: Although we try as much as possible not to say blessings while in a state of Baal Keri, nonetheless, if the blessing must be said then it is to be said, as can be proven from the fact that Admur in his Siddur wrote for the blessing of Hamapil to be said only after intimacy, and as rule the Poskim regarding this blessing and other blessings as well. Furthermore, we have a precedence from Admur regarding the prohibition to delay Torah learning even for the sake of purification from the fact that he rules that one who does not have water to wash with in the morning after awakening to get rid of the impurity, is not to delay his Torah learning due to this and should simply wipe his hands and learn Torah with impurity until he receives water even though according to the Zohar this is forbidden to be done, and the same would apply regarding the blessings over the Torah, especially being that there is no prohibition at all to say it while one is in a state of Keri, and it is simply a stringency not to do so. This is aside for the fact that one may come to forget to say it, being that he is not used to delaying it until after mikvah, as the Chabad custom is to say all the morning blessings at home before leaving to shul. Thus, in conclusion for three reasons a blessing should be said right away: 1) One should not delay Torah learning; 2) one may come to forget and learn Torah before saying it 3) the Chabad custom is to say it at home right away before leaving to shul. One who nonetheless desires to be stringent can follow the advice I gave above to simply take a shower immediately upon awakening and thus cover one’s ground according to all.   Sources: Poskim who rule to say the blessings before Tevila if neccessary: Reishis Chochmah Shaar Ha’ahav 11; See also: Sh’lah Hakadosh Sha’ar Ha’osyos Erech Taharah 9 and Kedusha 42; Shulchan Hatahor 88 in name of Arizal; Sefarim mention in footnote of new print of Reishis Chochmah ibid; Piskeiy Teshuvos 88:2; Chabad custom and ruling: See Admur 1:7; Siddur: “If it occurred that one does not have [enough] water available to wash his hands three times properly, [and he is thus unable to remove the impurity from his hands], nevertheless when he awakens at night Heaven forbid that he delay learning Torah until he is able to wash his hands three times.” Now if this was said regarding one who has impure hands from sleeping, which is a prohibition in the Zohar, certainly it would apply to a Baal Keri which according to all is allowed from the letter of the law to recite blessings. See Sefer Hasichos 1904 p. 20; Igros Kodesh 19:390; 18:277; Shulchan Menachem 1:6 In Sefer Hasichos ibid the Rebbe Rayatz brings from Reb Aba Person that by us [Chabad Chassidim] the custom is to always say the morning blessings at home. However, Poilisher Chassidim are accustomed to say it in Shul. The Rebbe further emphasizes this Chabad custom in his letters printed above. Other opinions: See Chaim Veshalom 9; Mishmeres Shalom 2:1. Maor Vashmesh Emor regarding not even thinking Torah beforehand and that so was received from the Baal Shem Tov and Reb Elimelech of Lizensk; See Shulchan Melachim [Tevilas Ezra] 20; Sefer Sur Meira Viasei Tov

 

8. Are women obligated to recite Birchas Hatorah?[131]

Women are obligated[132] to recite Birchas Hatorah.[133]

 

9. Is an uneducated Jew to recite Birchas Hatorah even if he is unable to understand the words of Torah?[134]

Every Jew, including an uneducated Jew, is to recite Birchas Hatorah in the morning and then recite the verses of “Yivarechicha”.[135]

 

Reciting Birchas Hatorah prior to a public Shiur:

It is forbidden to learn Torah prior to reciting Birchas Hatorah.[136] This applies even for an unlearned Jew.[137] This applies even if one will only be hearing the Torah words said by another and not verbalizing it himself.[138] Thus, it is proper for those who teach Torah classes to non-observant Jews to arrange prior to the start of the class for one of the participants to recite Birchas Hatorah aloud and fulfill the obligation for all the other participants. He should likewise say the verses of Yivarechicha, as is normally done, and not rely simply on the lesson being taught.[139] [However, the teacher himself should not say the blessing on their behalf.[140]] This applies to both classes attended by men or women.[141] This applies whether the class is taking place by day or by night.[142] Aside for fulfilling the Mitzvah and obligation of Birchas Hatorah through doing so, it is also emphasizes to the participants that they are not learning any random wisdom, but the wisdom of G-d.

 

 

 

10. How often should Birchas Hatorah be recited?[143]

The blessing over Torah study is recited only once a day, in the morning [as part of Birchas Hashachar], prior to beginning learning Torah that day. It is not recited again any other time that day, until the next morning.[144] This applies even if one stopped learning and did not have plans to continue learning any more that day, and then decided to learn again. Likewise it applies even if one slept during the day and then decided to continue learning after awakening.

 

11. Is one to recite the blessing upon awakening at night if it is still before Alos/dawn?[145]

If one slept [a standard sleep[146]] and woke up prior to dawn, while it is still night, [then if it is past midnight[147]] he must recite Birchas Hatorah prior to learning Torah.[148] He may not learn Torah prior to doing so. He is not to repeat the blessing again after Alos, or any time that day, until the following morning.[149] [If it is still prior to midnight then he may continue learning Torah, and is not to say a blessing beforehand. Likewise, if one only slept a temporary sleep then he may continue learning without a blessing until daybreak or until he awakens from a standard sleep. He may not say the blessing of Birchas Hatorah prior to Alos in such a case.[150]]

 

Summary One who woke up past midnight, before Alos, from a standard sleep, may recite Birchas Hatorah before Alos. He may not learn Torah prior to doing so. Q&A What is the definition of a standard sleep versus a temporary sleep?[151] 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[152] for a period of at least thirty minutes[153] it is considered a standard sleep, and he is to recite Birchas Hatorah upon awakening past midnight.[154] 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.[155] See coming Q&A regarding if he fell asleep on his bed or couch and the like.   If one woke up at night from a standard sleep and plans to learn and return to sleep again after learning, is the blessing to be said after awakening the first time?[156] If he planned to sleep for the night and happened to awaken in middle of the night, then he is to recite the blessing after awakening the first time, [if he woke up past midnight].[157] If however he went to sleep with intent to awaken in middle of the night in order to learn, then some Poskim[158] rule he is to recite the blessing after awakening the first time, [if he woke up past midnight]. Others[159] rule the blessing is to be recited after awakening the second time. Others[160] rule the blessing is to be recited twice, once after awakening the first time and again after awakening the second time. According to all if one does not plan to return to sleep a standard sleep[161], or will not do so until after Alos, then he is to say the blessing after awakening the first time. [Practically, one should recite the blessing after the first time he awakens past midnight and not recite it again the second time.[162]]   If one fell asleep on the couch and the like, and then woke up, prior to Alos, must he recite Birchas Hatorah prior to learning? If it is prior to midnight, a blessing is not recited. If one woke up past midnight then some[163] rule a blessing is not to be recited even if he slept for many hours, being that it is considered a temporary sleep, unless it is common for that person to sleep on his couch at night.   If one fell asleep on his bed at night is he to recite Birchas Hatorah upon awakening? If it is prior to midnight, a blessing is not recited. If one woke up past midnight, then if he slept for many hours, a blessing is to be recited prior to learning Torah.[164] This applies even if one plans to return to sleep after learning.[165] Nevertheless, in such a case, many Poskim rule that the blessing is only to be said upon awakening the second time, as explained above.   If one slept in his chair, such as one who is traveling on a plain or bus overnight, is he to recite Birchas Hatorah upon awakening before Alos? If he is unable to sleep in a bed that night, and hence this is his only available form of sleep, then if he slept for thirty minutes, and awakened past midnight, he is to recite Birchas Hatorah prior to learning. If he plans to return to sleep again before Alos, then this is subject to the dispute explained in the previous Q&A.   If one woke up in middle of the night and remembered he did not yet Daven Maariv, should he recite Birchas Hatorah prior to doing so? If it is prior to midnight, a blessing is not recited. If he woke up past midnight, then if he slept a standard sleep [as defined above], he is to recite Birchas Hatorah. This applies even if he plans to go to sleep a set sleep prior to Alos.[166] Likewise he is to wash his hands with a blessing upon awakening, prior to Davening.[167]   If one awoke before midnight must the blessing be said after midnight before learning? If one slept a standard sleep [as defined above] and awakened before midnight, some Poskim[168] rule he is to wait until midnight and then recite the blessing.   If one recited Birchas Hatorah after awakening prior to midnight what is the law?[169] The blessing is not to be repeated again until the next day.[170]

 

 

 

12. Is one to recite Birchas Hatorah if he did not sleep at night?[171]

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.[172]] However the blessing may only be said starting from Alos[173], just as is the law regarding Birchas Hashachar.[174] [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, as explained in the previous Halacha, and thus the blessing may not be recited until Alos.]

 

Q&A Which Alos is one to follow with regards to saying Birchas Hatorah?[175] 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.[176] However some Poskim[177] 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?[178] The blessing must be repeated after Alos.[179] However there are Poskim[180] 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.

 

13. Reciting Birchas Hatorah after Davening if one forgot to say it beforehand:[181]
14. Background-Does Ahavas Olam take the place of Birchas Hatorah:

The connection between Ahavas Olam and Birchas Hatorah:[182] 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:[183] Therefore, if one [did not recite Birchas Hatorah before Davening and he] learns Torah immediately after completing Shema and Tefila[184], without any delay, then he has fulfilled the obligation of reciting Birchas Hatorah [of all three blessings[185]]. 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.[186] [This applies even if one did not intend to fulfill Birchas Hatorah with Ahavas Olam[187], and even if he did not remember his omission of Birchas Hatorah until after Ahavas Olam.[188]]

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[189] 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.[190] However, some Poskim[191] rule that the above only applies if one did not read the Shema immediately following the prayer of Ahava Raba or Ahavas Olam.[192] 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[193], in order to suspect for the ruling of the first opinion.[194] 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.[195]

 

1. The law:

Lechatchila:[196] 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.[197]

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.[198] [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.[199] If this is not possible, or one has already delayed learning after davening, then one should try to hear the blessing from someone else.[200]]

Delayed Shema:[201] 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.

 

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 If one Davened without reciting Birchas Hatorah is he to omit all three blessings after Davening or only one of the blessings?[202] 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?[203] 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?[204] Yes.   If one is Davening past Zman Kerias Shema is the reading of the Shema considered like learning Torah immediately after Ahavas Olam?[205] 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.[206] If, however, he already began Birchas Shema then he may no longer stop to say it. Some Poskim[207] rule he is to intend not to fulfill his obligation with Ahavas Olam and then recite Birchas Hatorah after Davening. Others[208] 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.[209]   Does the blessing of Ahavas Olam in Maariv exempt the blessing of Birchas Hatorah? Some Poskim[210] 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.[211]] Others[212] however rule that it is not similar to the Ahavas Olam of Shacharis and one does not fulfill his obligation with it.

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.[213] 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.   May an Onen recite Birchas Hatorah after the Kevurah?[214] Yes. If he is still able to Daven Shacharis then it is to be recited prior to Shacharis.[215] The Kevurah was at night:[216] He is to recite Birchas Hatorah 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.

 

14. Learning Torah and reciting Birchas Hatorah prior to washing ones hands upon awakening?[217]

One must wash his hands prior to saying the blessing and speaking words of Torah.[218] However if there is no water available then he may recite Birchas Hatorah and learn without washing his hands although he is to clean his hands on rocks and the like [if he slept with parts of his body uncovered[219]].

 

Q&A May one fulfill his obligation through hearing Birchas Hatorah said by another person? Yes.[220] However there are Poskim[221] who learn in Admur that one does not fulfill his obligation unless it is said with a Minyan. One may fulfill his obligation of Birchas Hatorah through hearing the blessings said by a woman.[222] However there are Poskim[223] who are stringent and rule one may not fulfill his obligation through a woman. A child that has reached Chinuch cannot fulfill the obligation of an adult according to those who rule Birchas Hatorah is Biblical, and hence one is to avoid fulfilling his obligation with the blessing of a child.[224]   Should one avoid saying Birchas Hashachar out loud   1.      Question: [Sunday, 22nd Teves, 5782] I know that the widespread Chabad custom is to avoid saying blessings aloud when there are other people around due to that it can accidentally cause others to fulfill their obligation of the blessing. I was wondering if this like this applies to the morning blessing of Birchas Hashachar?   Answer: The blessings of Birchas Hashachar, starting from Hanosein Lasechvi Bina until Hagomel Chassadim Tovim, may be said out loud without issue even according to the Chabad custom. Birchas Hatorah, however, should be said in silent if there are other people around who have yet to say it.   Explanation: The widespread Chabad custom is to recite blessings quietly. The reason for this custom is because Admur rules that one who hears a blessing is Yotzei according to some opinions 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. Now, this worry does not apply to Birchas Hashachar, being that Admur rules that one cannot be Yotzei Birchas Hashachar by hearing the blessings from another unless there is a minyan present. However, regarding Birchas Hatorah, a minyan is not required and therefore it should be said in silent when other people around. This is in order to suspect for the opinion that Birchas Hatorah is rabbinical and therefore one can fulfill his obligation through hearing it, even without having in mind to be Yotzei.   Sources: See regarding being Yotzei a blessing even if had no Kavana to be Yotzei: Admur 213:4; See regarding needing a minyan present by the morning blessings in order to be Yotzei: Admur 59:4; Levush 6:4 and 59:4; M”A 6:10 and 59:8; Chayeh Adam 5; M”B 59:23; Ketzos Hashulchan 5 footnote 9; P”M 6 A”A 10; See regarding being Yotzei Birchas Hatorah even without a Minyan: Admur 47:7; See regarding if Birchas Hatorah is Biblical: Beir Heiytiv 47:1; Shaareiy Teshuvah 47:1; Kaf Hachaim 47:2; M”B 47:1

 

^[1] 47:1; based on Tur:Michaber 47:1; brought also in Siddur

^[2] Admur 47:1; Based on Tractate Nedarim 81a

^[3] For 51 years in the era after Tzidkiyahu until the era of Koresh the land of Israel was desolate. [Jeremiah 9:9 Rashi ibid] The Talmud in Nedarim 81a explains that the prophesy of Jeremiah in 9:9-12, that Israel would become desolate of its inhabitants, is in fact a result of them not having been careful in saying the blessing over learning Torah. This is what the verse there [in Jeremiah] means by saying “The above will occur since they left my Torah”.

^[4] Rashi Nedarim 81a

[5] This implies that they were negligent to not recite the blessing at all. However see Bach that they did recite the blessing, however without proper concentration and joy.

[6] See Likkutei Torah Bamidbar p. 36

[7] One who is attentive to the holiness of the Torah naturally will be over bound with joy in his learning of it more than any other matter, being that through learning it one unites with G-d in a most unequivocal form of unity. [See Tanya Chapter 5]

[8] The true intent of learning Torah is to unite with G-d. The unity with G-d that is experienced through learning Torah is greater than the unity with G-d that is affected by any other matter of service. [Tanya chapter 5; Bach 47; See also Tanya Chapter 4; 39 that all Mitzvos including learning Torah must derive from love of Hashem; So also rules Rambam Hilchos Teshuvah 10:3-4; See Tzivas Harivash [English] p. XVII; XX; However see Nefesh Hachaim Shaar Daled chapter 3 which explains Leshma to mean that one is learning for the sake of the Torah, to understand it. In truth, after even slight analyzation of the subject and opinions, there is no dispute between the Chassidic masters and the Talmudists of that time, as each one referred to a different aspect in learning Torah. The Baal Shem Tov emphasized the need to begin learning Torah each day for the correct reasons, which is to attach to Hashem. The Nefesh Hachaim emphasized that while one is actually learning he must focus on the subject at hand. The Baal Shem himself preached that during the learning one must focus on the subject and not the Dveikus. [See Tzivas Harivash 30; Tanya end of chapter 41] In any event it is clear that the Chassidic philosophy in the purpose of learning Torah was not novelized by the Baal Shem Tov, as it is clearly worded in the Bach ibid [in even stronger terms than Chassidus] and is sourced in the Rambam ibid.

[9] Bach 47; M”B 47:2; See Likkutei Dibburim Likut 32 for a fascinating story of how a great scholar, who abused his Torah study, lost his descendants to apostasy. Rav Eliyahu Baal Shem affected one of the sons to repent. Rav Yisrael Baal Shem Tov many years later elevated all of this man’s Torah that was studied for the wrong reasons.

[10] Tzlach end of Brachos

[11] See Beir Heiytiv 47:1; Shaareiy Teshuvah 47:1; Kaf Hachaim 47:2; M”B 47:1; Encyclopedia Talmudit Erech Birchas Hatorah Vol. 4 pp. 615-616

[12] Brachos 21a; The Gemara ibid deals with the Biblical source for the blessings of Birchas Hamazon and Birchas Hatorah, the only two blessings which we find to have Biblical origin. One of the Amoraim goes as far to compare the two blessings to each other to teach that just like Birchas Hatorah is said before the learning so too one must say a blessing prior to eating, and just like a blessing is said after eating, so too a blessing must be recited after learning Torah. The Gemara negates this conclusion stating one cannot compare the two obligations, although nonetheless one can see from this Gemara the comparison of Birchas Hatorah to that of Birchas Hamazon which is of Biblical status.

[13] Haazinu 32:3 “Ki Sheim Hashem Ekra Havu Godel Lelokeinu”

[14] Ramban Mitzvah 15 [lists it as one of the 613 Mitzvos]; Rashba Brachos 48b; Meiri 21a; Chinuch 430; Peri Chadash 47:1; Yad Aaron; Shaagas Aryeh 24; Mor Uketzia; Zekan Aaron 60; Admur 47:1, as understands Rebbe in Likkutei Sichos 14 p. 148 footnote 9

Opinion of Admur: The Rebbe learns that seemingly Admur in Shulchan Aruch also holds that it is Biblical, as Admur 47:1 records the Gemara that states the reason there was destruction in the world is because they did not recite Birchas Hatorah, and the Poskim rule that it is implied from this Gemara that the blessing is Biblical. [See Likkutei Sichos 14 p. 148 footnote 9]

How many of the three blessing is Biblical according to this opinion? Even according to the above opinion, once one has said one of the three blessings over Torah he has fulfilled his Biblical obligation. [Peri Chadash ibid; Shaagas Aryeh ibid]

[15] Yerushalmi Brachos 7:1; Tzlach Brachos ibid; Rambam, as explained in Shaagas Aryeh 24 and Maharap on Yerushalmi ibid and Pnei Moshe 1:1; Pnei Moshe 1:1 in opinion of Rambam, Tur, Rif and Rosh; Mamar Mordechai 47:1; Levush 47:1; Olas Tamid 47:9;  Poskim mentioned in Kaf Hachaim 47:2; All the Poskim listed in the next Q&A which do not permit the blessing to be repeated.

[16] Birkeiy Yosef 47:7 brought in Shaareiy Teshuvah 47:1

[17] 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.

[18] 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.

[19] 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.

[20] 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; Ksav 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.

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

[22] Mamar Mordechai 47:1; M”B ibid; See Admur 47:6; Michaber 47:7-8; Tur 47:6; Brachos 11b; Kaf Hachaim 47:14-18; Piskeiy Teshuvos 47:10

[23] Minchas Shlomo 1:91-1; Halichos Shlomo 6:6

[24] Kaf Hachaim ibid; M”B ibid

[25] Aruch Hashulchan 47:6; See Michaber 139:9; M”A 139:12; Ketzos Hashulchan 5:9

[26] Kaf Hachaim ibid; If one knows for certain that he said one of the blessings and is in doubt regarding the other blessings, some write that according to all he has already fulfilled his Biblical obligation and is hence not to repeat the blessing. [See Shaagas Aryeh 25; Piskeiy Teshuvos 47:2]

[27] Birkeiy Yosef 47:7 brought in Shaareiy Teshuvah 47:1

[28] See Meishiv Shalom 137; Yabia Omer 3:27; Nitei Gavriel Bar Mitzvah 9:1

[29] As although he certainly said it in the morning together with all the morning blessings, he was not Biblically obligated to say it at that time, and hence how can his Rabbinical recital now fulfill his Biblical obligation. [See ] Furthermore, even if we were to argue that Birchas Hatorah is only Rabbinical, a double Rabbinical command does not exempt a single Rabbinical command. However, some Poskim Conclude that indeed a Mitzvah fulfilled during a rabbinical timing has ability to be Motzi even a Biblical timing of the Mitzvah. [See Maharsham 3:121; EretzTzevi 16; Maharshag 3:123; Minchas Yitzchak 3:59]

[30] Shulchan Melachim on Kitzur SHU”A p. 180; Nitei Gavriel ibid; Rav Yaakov Yosef z”l

Regarding that Ahavas Olam fulfills the blessing of Birchas Hatorah: See Admur 47:6; Michaber 47:7-8; The following Poskim rule that the same applies to Maariv: M”B 47:13; Rabbeinu Yona brought in Tehila Ledavid 47:5; See our corresponding Sefer “Awaking like a Jew” Chapter 9 Halacha 13!

[31] See 47:5

Is Viharev Nah considered a separate blessing? In 47:5 Admur records a dispute regarding if the second blessing of Viharev Na is considered a continuation of the first blessing, or a separate blessing. According to the former opinion [Rabbeinu Tam Brachos 46a] there are only two blessings in Birchas Hatorah, while according to the latter opinion [Rambam 7:10] there are three. Those who say that the blessing of Viharev Na is a continuation from the previous blessing prove this from the fact that it does not begin with a blessing. Now although every blessing which is said in close proximity to a previous blessing does not begin with a blessing, this only applies when a long blessing is said beforehand. However if a short, one sentence blessing is recited then the next blessing is to begin with a Bracha, just like we see by Havdala that the blessing of Hamavdil starts with Baruch despite it following the short blessing of Haeish. This then proves that Viharev must be a continuation of Al Divreiy Torah. Others however claim that Viharev is a separate blessing and in truth the first blessing of Al Divreiy Torah suffices in place of it needing to begin with a blessing, even though it is a short blessing. Now although by Havdala the blessing of Hamavdil begins with Baruch despite it being said after the blessing of Haeish, this is because one may say Havdala without Besamim or fire, and hence the blessings are not always said in proximity. It is likewise for this reason that the blessing of Asher Bachar Banu begins with Baruch, being that by Kerias Hatorah it is not preceded by another blessing. [ibid; In essence the dispute is if a Beracho Hasmucha Lichaverta, which does not need to begin with a blessing, applies even if the previous blessing is a short blessing, or does it only apply if the blessing which precedes it is a long blessing.] This dispute has the following Halachic ramifications: 1) Is a listener to answer Amen after the first blessing? 2) May one make an interval between the two blessings?  3) Is the second blessing of Viharev to begin with a “Vav”?

The final ruling: Admur ibid concludes that the custom is to recite Harev without a Vav [like the second opinion] and that according to Kabala it is considered a separate blessing. The Ketzos Hashulchan 5:7 rules based on this conclusion of Admur that it is considered a separate blessing. So also rules: Eshkol; Rokeiach; Meiri; Abudarham; Mamar Mordechai 47:5; Kesher Gudal 5:28; Siddur Yaavetz; Shulchan Hatahor 47:1; Kaf Hachaim 47:13; Rav Poalim 3:3; Ben Ish Chaiy Vayeishev 12; Piskeiy Teshuvos 47:9 in name of many Achronim. To note that in 46:1 Admur lists three blessings for Birchas Hatorah in the list he gives for the accumulation of 100 daily blessings.

^[32] 47:4. However others have the custom to recite “Laasok Batorah”. See C!

[33] Bach; Pnei Yehoshua 11b; Chayeh Adam 9:1; Shaareiy Halacha Uminhag P. 28 footnote *6

^[34] Based on the second opinion brought in Admur; ruling of the Kabalists and final ruling of Ketzos Hashulchan 5:7, as explained in background.

Is one to recite Viharev Nah-with a Vav-or Harev Nah? This follows the same dispute mentioned in the background regarding if Viharev is a continuation of the first blessing. Those which hold that it is a continuation of the previous blessing hold that it must begin with a vav, as otherwise its considered that he is making an interruption within the blessing. The custom in the times of Admur however was like the opinions which hold that it is a separate blessing and therefore they do not begin it with a vav. Nevertheless, Admur concludes it is better to say it with a vav, as even according to the latter opinion there is no loss in doing so, while according to the former opinion one must do so in order so those words of Harev are not an interval. This is also the view the Kaballists, which although hold that it is considered a separate blessing, nevertheless rule one is to say it with a Vav. [47:5] In the Siddur Admur wrote it with a Vav thus following his conclusion above.

[35] Piskeiy Teshuvos 47:1 based on Levush 47:1 and 6; Ramban Mitzvah 15 “Just as one is to recite a blessing on food so too over Torah”; See also Shaareiy Halacha Uminhag p. 29 that Birchas Hatorah is in truth similar to Birchas Hanehnin, however the Rebbe does not connect it specifically to this blessing of Viharev Naah.

[36] Bach; Pnei Yehoshua 11b; Chayeh Adam 9:1

[37] See Igros Moshe 1:21; Shaagas Aryeh 25

^[38] 47:1; M”A 47:1

[39] Bach

[40] 47:4

[41] 47:4; Siddur; Michaber 47:5; Kaf Hachaim 47:10

[42] This is the custom of Ashkenazi communities. [M”B 47:8] See Shulchan Hatahor 47:2 which writes “Laasok”; Some say one is to conclude with both endings. [Mishmeres Shalom 13:3]

[43] 47:4

[44] Ateres Zikeinim 47 brought in M”B 47:10

[45] Admur 8:3

[46] See Maarah Kohen 3:3; Yaskil Avdi 8:3 that this is similar to the standing of Bnei Yisrael on Har Sinai.

Other Opinions: Some Poskim rule that all Mitzvos which one fulfills sitting down may also have its blessing recited while sitting. [Peri Megadim 432 M.Z. 3; Pnei Yehoshua Megila 21a; Mor Uketzia 8] The Aruch Hashulchan 47:7 and Rameh 102 explicitly rule that Birchas Hatorah may be said while sitting. So rules also Beir Moshe 5:17 [see there for a lengthy discussion on this matter]

[47] Tehila Ledavid 47:3; Michaber 139:3 brought in Halacha 4 Q&A regarding receiving an Aliya prior to Birchas Hatorah. However, see Igros Moshe 1:21 which suggests that if one recited the blessing of Asher Bachar he no longer needs to recite the blessing of Al Divreiy Torah and Viharev Nah, as Asher Bachar is the greatest of the blessings. Vetzaruch Iyun.

[48] Admur 47:5

[49] 1^st opinion in Admur ibid; Tur 47:6; Rabbeinu Tam Brachos 46a and Pesachim 104b and Kesubos 8a; Rosh Brachos 13

[50] The reason: Those who say that the blessing of Viharev Na is a continuation from the previous blessing prove this from the fact that it does not begin with a blessing. If indeed the first blessing of “Al Divrei Torah” were its own short blessing and the blessing of Viharev were to be considered a separate blessing then the blessing of Viharev should have began with its own blessing of Baruch. Now, although every blessing which is said in close proximity to a previous blessing does not begin with a blessing, this only applies when a long blessing is said beforehand. However, if a short, one sentence blessing is recited, then the next blessing must begin with a Baruch. So we see by Havdala that the blessing of Hamavdil starts with Baruch despite the fact that it follows the short blessing of Haeish and Besamim, being that these are short blessings. [Thus, the fact that the blessing of Viharev does not begin with a Baruch proves that Viharev must be a continuation of the previous blessing of Al Divreiy Torah.] [Admur ibid; Rabbeinu Yona Bracvhos 11a; Rosh ibid]

[51] 2^nd opinion Admur ibid; Opinion in Rama 47:6; Rambam Tefila 7:10; Razah in Hamaor, brought in Rashba; Arizal in Sefer Hakavanos and Shaar Hakavanos; Peri Eitz Chaim Shaar Habrachos 7; Matzas Shmurim; Nagid Umitzvah p. 11; Mishnas Chassidim Miseches Chatzos; Beir Heiytiv 47:6

[52] The reason: This opinion argues that in truth Harev is a separate blessing, [and in truth the first blessing of Al Divreiy Torah suffices in place of it needing to begin with a blessing, even though it is a short blessing. Now although by Havdala the blessing of Hamavdil begins with Baruch despite it being said after the blessing of Haeish/Besamim], this is because Havdala can be performed without Besamim or fire as if one chooses, he may say the blessing over the flame and spices on their own and afterward say Havdalah over a couple wine without a flame or spices. Hence the blessing of Hvdalah is not always recited in proximity to the blessings of Haeish/Besamim and therefore is required to begin with a Baruch despite it usually being in close proximity to the blessings over fire and spices. It is likewise for this reason that the blessing of Asher Bachar Banu begins with Baruch, being that by Kerias Hatorah it is not preceded by another blessing but rather said individually. [Admur ibid; In essence the dispute is if a Beracho Hasmucha Lichaverta, which does not need to begin with a blessing, applies even if the previous blessing is a short blessing, or does it only apply if the blessing which precedes it is a long blessing.]

[53] See Kaf Hachaim 47:13

[54] Mateh Yehuda 47:7; P”M 47 M”Z 4; Derech Hachaim 1; M”B 47:12 writes that majority of Achronim rule one is not to answer Amen.

[55] Admur ibid in opinion of Mekubalim; Taz 47:4; M”A 47:1; Arizal in Sefer Hakavanos and Shaar Hakavanos; Peri Eitz Chaim Shaar Habrachos 7; Matzas Shmurim; Nagid Umitzvah p. 11; Mishnas Chassidim Miseches ChatzosBeir Heiytiv 47:6

[56] 1^st opinion in Admur ibid; Michaber 47:6; Rabbeinu Tam Brachos 46a and Pesachim 104b and Kesubos 8a; Rosh Brachos 13

[57] 2^nd opinion Admur ibid; Opinion in Rama 47:6

[58] Admur ibid; Rama ibid

[59] Admur ibid; Rama ibid

The reason: As even according to the latter opinion who views it as a separate blessing there is nothing to lose in saying it with the extra Vav, while according to the former opinion who holds that it is considered a single blessing with the previous blessing, if one says it without a Vav then it is considered that he has made an interval in middle of the blessing. [Admur ibid; M”A 47:5; Taz 47:5; Beis Yosef 47] Furthermore, according to the Kaballists, it is considered a separate blessing and one is to answer Amen after the blessing and nonetheless one is to say it with a Vav. [Admur ibid; M”A ibid; Arizal in Sefer Hakavanos and Shaar Hakavanos; Peri Eitz Chaim Shaar Habrachos 7; Matzas Shmurim; Nagid Umitzvah p. 11; Mishnas Chassidim Miseches ChatzosBeir Heiytiv 47:6; Beir Heiytiv 47:6]

[60] 2^nd opinion in Admur 47:5 and Rama 47:6; Conclusion of Admur and Rama ibid that so is the accepted custom to recite Harev without a Vav; Conclusion of Admur ibid that so is the ruling of the Mekubalim, that the first blessing is considered to be a separate blessing from Viharev Nah and to answer Amen in between; Arizal in Sefer Hakavanos and Shaar Hakavanos; Peri Eitz Chaim Shaar Habrachos 7; Matzas Shmurim; Nagid Umitzvah p. 11; Mishnas Chassidim Miseches Chatzos; M”A 47:1; Taz 47:4; Beir Heiytiv 47:6; Eshkol; Rokeiach; Meiri; Abudarham; Mamar Mordechai 47:5; Kesher Gudal 5:28; Shalmei Tizbur; Siddur Beis Oveid; Siddur Yaavetz; Chesed Lealafim 47:3; Kaf Hachaim Falagi 9:12; Shulchan Hatahor 47:1; Rav Akiva Eiger; Shaareiy Teshuvah 47:6; Daas Torah 47:6; Aruch Hashulchan 47:13; Rav Poalim 3:3; Ben Ish Chaiy Vayeishev 12; Kaf Hachaim 47:13; Ketzos Hashulchan 5:8; Piskeiy Teshuvos 47:9 in name of many Achronim; Siddur of Rav Raskin footnote 136

Other opinions: See Background for the dissenting opinion who does not consider Viharev Nah a blessing of its own and hence in their opinion one is not to answer Amen until the conclusion of Viharev Nah. Some Poskim conclude like this opinion that one should not answer Amen. [Mateh Yehuda 47:7; P”M 47 M”Z 4; Derech Hachaim 1; M”B 47:12 writes that majority of Achronim rule one is not to answer Amen.]

[61] Background of the final ruling of Admur: Admur ibid concludes that the custom is to recite Harev without a Vav [like the second opinion] and that according to Kabala it is considered a separate blessing. The Ketzos Hashulchan 5:7 rules based on this conclusion of Admur that it is considered a separate blessing. To note that in 46:1 Admur lists three blessings for Birchas Hatorah in the list he gives for the accumulation of 100 daily blessings, hence again proving his final position to be like that of his second opinion, the custom, and the Mekubalim.

[62] M”B 47:12

[63] 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

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. [Rav Landa Shlita] According to this reason however, it suffices to simply say the first words quietly [see Admur 215:2] and then say the remainder aloud, hence benefiting from all sides.

[64] Ketzos Hashulchan 5:8; Shulchan Hatahor 47:1 in name of Arizal; Daas Torah 47:6; However see Tehila Ledavid 47:4 which leaves this matter in question being one is required to learn Torah immediately after the blessing, according to some opinions.

[65] See Tehila Ledavid ibid

[66] Admur 47:2

^[67] Siddur Admur; Ketzos Hashulchan 5:8; and so is explicitly implied from Shulchan Aruch 47:1 [implies one may never learn Torah before the blessing-M”B 47:2] 47:2 [implies that it is forbidden to verbalize the words beforehand, and not just that one may say the blessing if he verbalizes the words], 46:8. This is simply to negate those that understood that the prohibition of learning Torah prior the blessing is a novelty of the Siddur. Upashut! So rules also: Bitzel Hachochma 1:1; Yosef Ometz 66; Chayeh Adam 9:11; Meishiv Davar 47

[68] Ibid; implied from Siddur; Ketzos Hashulchan 5:8 based on Michaber 47:4; Iggur brought in Beis Yosef

Other Opinions: Some Poskim rule one may not even think words of Torah prior to Birchas Hatorah being that thinking words of Torah is also a Mitzvah. [Gr”a brought in Biur Halacha 47 “Hamiharher”; Yaavetz in Mor Uketzia; Sheilas Yaavetz 2:140; Binyan Olam 6] Alternatively one must say a blessing beforehand because thinking words of Torah is like speaking. [Halachos Ketanos 159] Aruch Hashulchan 47:10 explains that the Sages only instituted the blessing to be said on the main Mitzvah of learning Torah which is to speak the words of Torah, and hence a blessing is not said on mere thought. See Levushei Mordechai 1:7; Mahrsham 8:19;Dvar Avraham 1:16; Divreiy Yatziv 1:50; Yabia Omer 4:8

[69] The reason: As thinking is not like speech as explained in chapter 62. [ibid] There it is explained that one does not fulfill the Mitzvah of Shema unless he verbalizes the words. In Hilchos Talmud Torah 2:12 Admur applies this ruling likewise to the Mitzvah of Torah learning, that if one does not verbalize the words then he does not fulfill the Mitzvah of Talmud Torah. Nevertheless it is unclear if the allowance is due to that when one thinks Torah he does not fulfill the Mitzvah, or due to that the Sages only instituted the blessing to be said when one does an action. The practical ramification would be in a case that one fulfills the Mitzvah of learning Torah without speaking, such as one who is listening to another person teaching Torah. See Q&A!

May one read from a Sefer without verbalizing the words? Yes. [The Poskim did not differentiate in this matter, as if he does not verbalize the words he does not fulfill the Mitzvah of Talmud Torah.]

^[70] See Chapter 3 Halacha 3D!

[71] Ben Ish Chaiy Vayeishev 12; Mor Uketzia 47

Opinion of Admur: Admur ibid does not mention any differentiation. However in Hilchos Talmud Torah 2:12 he rules that one is not required to verbalize the words of Torah when he is analyzing the subject in his mind. Hence if one learns that the blessing is required to be said prior to fulfilling the Mitzvah of learning Torah, then according to Admur one would not be allowed to analyze a topic prior to saying the blessing. Perhaps however one can say that the blessing was only instituted when one verbalizes the words, as explains Aruch Hashulchan ibid. Practically the simple implication from Admur here [47:2-3] is that the matter is not dependent on whether one is fulfilling the Mitzvah of Torah but rather if he is expressing it in an action, such as speech. Thus seemingly according to Admur one may even think words of Torah in depth prior to Birchas Hatorah. Vetzaruch Iyun.

^[72] As this is considered just like thought. [47:2]

Other Opinions: The Gr”a rules one is not allowed to give a Halachic ruling prior to Birchas Hatorah. [brought in M”B 47:7] and so rules Meishiv Davar 47; Afikei Maginim 47:6

[73] Admur 47:3; Michaber 47:3; Aruch Hashulchan 47:10

Background:

In 47:3 Admur writes that there is an opinion [Tashbatz; Rav David Abudarham] who says that one must say a blessing prior to writing words of Torah even if he does not verbalize that which he is writing. Nevertheless, this only applies if one understands and is paying attention to the words that he is writing. [It is implied from Admur ibid that one is to suspect for this opinion with regards to avoiding writing prior to Birchas Hatorah.]

^[74]  Admur 46:8; Michaber and Rama 46:9

Background: The Michaber ibid records a dispute in this matter. The Rama rules leniently. Admur rules as follows: There are communities which recite verses in prayer prior to Birchas Hatorah as these verses are being said in a form of supplication and not in a way of learning or reading of the Torah. Nevertheless, it is a more proper custom to recite Birchas Hatorah prior to reading any verse from scripture. [ibid]

[75] Rama 46:9; Piskeiy Teshuvos 47:3 based on 46:8; Aruch Hashulchan 46:14

Other Opinions: According to the Michaber it is forbidden [even in a time of need]. [Birkeiy Yosef 46:14; Kesher Gudal 5:29; Shalmei Tzibur; Beis Oveid 46:14; Chesed Lealafim 47:1; Kaf Hachaim 47:55] However see Aruch Hashulchan ibid; Yabia Omer 4:7; Oar Letziyon 2:4

[76] Admur 47:10; 46:8

The reason: The reason for this is because the verses of the Tamid are read for the sake of fulfilling the requirement of learning Torah [50:1] and for the sake of fulfilling the saying of the Sages “whoever learns the portion of the Olah is considered to have brought the Olah”. [Kama 1:11; Basra 1:9]

[77] Aruch Hashulchan 47:8 based on Admur 47:2 which rules one must recite a blessing prior to all topics of Torah being they were all given to Moshe at Sinai; Kaf Hachaim 47:3

[78] Aruch Hashulchan 47:8 being that perhaps the Sages only instituted Birchas Hatorah to be said over the legal laws which explain the Mitzvos.

[79] Piskeiy Teshuvos 47:3

[80] Teshuvos Vehnahagos 4:17; See Shulchan Menachem 5:92

[81] As one who does not understand the oral Torah does not fulfill his obligation of learning Torah [Hilchos Talmud Torah 2:13] and hence there should be no prohibition in reading it prior to Birchas Hatorah. However see Sdei Chemed Klalim Mareches Beis 37; Piskeiy Teshuvos 47:3 that one may not learn it prior to Birchas Hatorah.

[82] Halachos Ketanos 2:159; Tehila Ledavid 47:2; Ben Ish Chaiy Vayeishev 12; Keren Ledavid 11; Erech Hashulchan 47:2

[83] Machazik Bracha 47:4; Zekan Ahron 60; Halef Lecha Shlomo 35; See Sdei Chemed Asifas Dinim Mareches Rosh Hashanah 2:19

[84] They prove this from the fact that one who receives an Aliya must read along with the Chazan in order so his blessing is not in vain. This proves that we do not say hearing is like speech regarding Birchas Hatorah. [Machazik Bracha ibid] Alternatively, it is because one can never recite a blessing over a Mitzvah that is being done by another person [for his own sake]. [Zekan Ahron ibid; Sdei Chemed ibid]

[85] This is necessary in order to suspect for the opinions that one does not fulfill his obligation with listening to Torah. It suffices if one simply reads the verses of Birchas Kohanim after Birchas Hatorah. [Kaf Hachaim ibid]

[86] Shaareiy Teshuvah 47:3; Kaf Hachaim 47:5

Opinion of Admur: Admur states that one does not say a blessing when thinking Torah or even saying a Halachic ruling, being that it is like a mere thought. The reason that thought does not require a blessing is because it is not like speech. [47:2] In Hilchos Talmud Torah 2:12 Admur states that one who hears words of Torah from another fulfills the Mitzvah of learning Torah as hearing from another is like speech. This would hence imply that a blessing is recited. Nevertheless perhaps Admur requires actual speech, just like he writes in 104:5 that one may listen to Kedusha during Shemoneh Esrei, as although listening is like speech, since it is not verbalized it is not an interval. Hence we see that it is not like speech for all matters. Practically from the simple understanding of 47:2 it would appear that according to Admur one must say a blessing. Vetzaruch Iyun.

[87] Halichos Shlomo 6:5; Hearos and Tziyunim of Hilchos Talmud Torah ibid footnote 16; Piskeiy Teshuvos 47:5 footnote 59

[88] Piskeiy Teshuvos 47:5 footnote 59 based on the fact that the main point is that one is using his sense of hearing and not just his mind, and it is due to this that he is obligated to recite Birchas Hatorah.

[89] Halichos Shlomo ibid

[90] Shulchan Hatahor 47:4; Birchas Habayis 34:6

[91] Biur Halacha 47 “Af Al Pi”

[92] It is questionable whether one who recites the words that he is writing for the sake of payment is considered to be learning Torah, and hence one is to say a blessing beforehand due to doubt. [ibid based on Taz 47:2]

[93] See Ashel Avraham Butchach 46 which states that if one did not sleep at night it is more lenient.

[94] 2^nd custom in Admur 46:8 and so he concludes “It is best to arrange to recite Birchas Hatorah prior to reciting any verse [even in the form of prayer].”

[95] 1^st opinion in Admur ibid regarding the verses read before Parshas Hatamid; Yosef Ometz 66; Eretz Tzevi 1:19; Bitzel Hachachma 1:1; Shraga Hameir 2:60; Even Yisrael 9:63; Mishnes Yosef 5:16; Peri Megadim 52; Az Nidbaru 9:54

The reason: As the verses of Shema are said as a supplication and prayer and not for the sake of Torah learning [see Admur ibid] as one does not fulfill the Mitzvah of learning Torah with the recital of Shema unless he has intent to do so. [Poskim ibid] This is not similar to the reading of the Parshas Hatamid, of which Admur rules that one may not recite it prior to Birchas Hatamid, being that the verses of the Tamid are read for the sake of fulfilling the requirement of learning Torah [Admur 50:1] and for the sake of fulfilling the saying of the Sages “whoever learns the portion of the Olah is considered to have brought the Olah”. [Kama 1:11; Basra 1:9]

Other Opinions: See Ashel Avraham Butchach 46 which is stringent in this matter, as one always fulfills the Mitzvah of learning Torah when reading the Shema.

[96] See Admur 46:8; Michaber and Rama 46:9

[97] See Admur 46:8; Michaber and Rama 46:9; Taharas Yisrael 240:20 that one should not say Mizmor Ledavid Hashem Roiy if he woke up from sleep in middle of the night and is rather to think it in his mind; See Minchas Yitzchak 8:5 who is lenient to permit saying two chapters of Tehillim without saying Birchas Hatorah if he woke up in middle of the night and plans to return to sleep; See Sheyikadesh Atzmo 11:8 footnote 10 and 13 and Poskim there in length

^[98] Mishneh Berurah 65:8; Ketzos Hashulchan 5 footnote 21

^[99] Shaar Hakolel 1:16 based on Admur 46:8

[100] There is no prohibition in praying to G-d and saying blessings prior to reciting the blessing over Torah study. Thus there is no need to precede the Torah study blessing to the other morning blessings.

^[101] Ketzos Hashulchan 5:8 footnote 21

[102] One may answer Kaddish or Kedusha prior to saying the blessing over Torah study, as there are opinions which hold that words of supplication are not required to have the Torah blessing said prior to reciting them, thus it is better to rely on this opinion then to not answer for Kaddish or Kedusha. [ibid]

^[103] Yabia Omer 4:9

^[104] Ketzos Hashulchan 5:8 and 5:11

[105] Regarding if one may stop to answer in middle of the blessing of Asher Bachar Banu: Perhaps this is not considered a long blessing as is Asher Yatzar and Viharev Nah being that it only contains two sentences, each one being a blessing of its own. Nevertheless perhaps it is permitted to stop between the two blessings. Vetzaruch Iyun.

[106] Michaber 139:9; Ketzos Hashulchan 5:9

[107] This is understood from the fact the Michaber did not rule that he is not to read, and so is understood from all the Poskim, and so writes Piskeiy Teshuvos 139:14.

[108] So is implied from M”A 139:12

^[109] M”A 139:12, brought in Ketzos Hashulchan 5:9

Other Opinions: The Levush [brought in Peri Megadim 139 A”A 12] rules he is exempt from all the blessings.

^[110] Michaber 139:9; as its considered that he already fulfilled his obligation of this blessing with reciting it over the Torah Scroll.

[111] Ketzos Hashulchan ibid

[112] Peri Megadim 47 M”Z 10; 135 A”A Pesicha

[113] Kaf Hachaim 139:47

[114] Piskeiy Teshuvos 47:7

[115] Piskeiy Teshuvos 47:7

[116] Based on Michaber 139:9 that allows him to receive an Aliya, [and read along with the Ball Korei] even after saying only the blessing of Asher Bachar Banu. This is because once one has said one of the three blessings over Torah he has fulfilled his Biblical obligation. [Peri Chadash 47:1; Shaagas Aryeh 25]

[117] M”B 47:7 in name of Gr”a

[118] Kesher Gudal 5:30; Thus one may not say the verses that are commonly said upon putting on a Tallis Gadol.

^[119] Admur 47:7; Michaber 47:9; Levush; M”A 47:7; Kaf Hachaim 47:19-20

Background:

Admur ibid records a dispute regarding whether one must learn Torah immediately following the blessing or not:

Lenient opinion: Some opinions [Tosafus Brachos 11b] rule one is not required to learn immediately after the blessing and rather even if he made an interval between the blessing and learning it is considered as if he made this interval in the midst of his learning, which is not considered an interval, as will be explained. This is not similar to the blessings over Mitzvos and Birchas Hanehnin in which case if one were to make an interval between the blessing and the beginning of its action he is required to repeat the blessing. The reason for this is because by the latter blessings [Birchas Hamitzvos; Birchas Hanehnin] it is not obligatory to do the action [i.e. eat the fruit] at the specific time that its blessing was recited, as the food could be eaten at a later time if he so desires. Therefore if one makes an interval between the blessing and its action it appears that the blessing is not being said in relation to that action that was done. However by the Mitzvah of learning Torah which is a constant obligation, when one makes an interval between the blessing and the learning, it is not considered an interval being that one is required to learn Torah even during the time that the interval was made. Stringent opinion: However there are opinions [Rosh Brachos 13; Rashal; Darkie Moshe; Bach] who argue on this [and do not differentiate between the two types of actions, and thus one must always do the action immediately after the blessing, even in a case that the action is a constant obligation to be done].

Final Ruling: It is proper for one to be stringent. Thus one should be careful to learn immediately following the blessing. [Nevertheless the main Halachic ruling follows the first opinion. This is implied from the fact that Admur is plainly rules like this opinion and only brings the dissenting opinion as an alternative opinion, and rules that it is only proper, not obligatory to be stringent like their view.]

[120] As we mainly rule like the opinion which does not require one to learn immediately afterwards, and thus in their opinion saying another blessing would be a blessing in vain. [so is implied from Admur ibid and so concludes Mateh Yehuda 47:14; Kaf Hachaim 47:19; M”B 47:19]

Other Opinions: The following Poskim rule that the blessing is to be repeated: Bach; Peri Chadash 47:7; Chayeh Adam 9:4.

Should one hear the blessing from another person? The M”B ibid rules that one is to hear the blessing from another person or fulfill his obligation in Ahavas Olam. However from Michaber and Admur ibid it is implied that one is not required to hear the blessing from another.

[121] The reason for reciting specifically Birchas Kohanim: As the Sages desired that one read at least three versus from the Torah just as is done when reading from the Torah scroll. [Divreiy Chamudos Brachos 1:75] Likewise it is because it contains words of blessing. [M”B 47:20] And is known by heart and is permitted to be recited by heart. [Eretz Tzevi 1:27]

[122] Siddur, not explicitly mentioned in Shulchan Aruch Admur, however see 47:3; brought in M”B 47:21. The saying of this Mishnah after Birchas Kohanim is brought in Rambam Nussach Hatefilah as a custom of all Israel. M”B 47:21 states it is recited in order to fulfill the reading of Mikra Mishna [Eilu Dvraim Sheiyn Lahem Shiur] and Gemara [Eilu Dvarim Sheadam Ochel]. See Piskeiy Teshuvos 47:12 that the reason this Mishnah was chosen to be said is because it is easy to understand, and emphasizes the greatness of Mitzvos of man to man and the importance of Talmud Torah. [Likkutei Mahrich in name of Rav Zusha of Anipoli]

[123] 47:7

May one say Birchas Kohanim after Birchas Hatorah if it is before Alos? Being that these verses are being said for the sake of learning (and not for the sake of Nesias Kapayim) it may therefore be said even prior to daybreak even though one does not do Nesias Kapayim at night. [ibid] This follows the ruling of the M”A 47:8 and is unlike the ruling of the Rashal.

[124] 47:2

[125] 47:3

Background:

There is an opinion [Tashbatz; Rav David Abudarham; Michaber 47:3; Aruch Hashulchan 47:10] who rules that one must say a blessing prior to writing words of Torah even if he does not verbalize the words that he is writing. Nevertheless, this only applies if one understands and is paying attention to the words that he is writing. If, however, one does not focus on the words he is writing, as is sometimes the case when one is copying something over into writing, then one may write words of Torah before saying the blessing. Similarly, if one is writing a letter to a friend, he may write verses for the sake of formality of the letter before saying the blessing, as he has no intention to do so for the sake of learning Torah. Practically, one should not rely on this opinion to recite Birchas Hatorah prior to writing Torah alone, as this is merely like one is thinking Torah [which one may do before saying the blessing]. Rather it is proper for all those who write Torah after Birchas Hatorah to verbalize a few of the words that he is writing in order to avoid a blessing in vain. This however only applies if he did not learn anything in-between the blessing and the writing. However in a case that one said the verses of Birchas Kohanim or the Mishna that is accustomed to be said after reciting Birchas Hatorah, as is written in the Siddur, then he does not need to verbalize the words which he is writing. [ibid]

^[126] 46:8

[127] They are not concerned with the recital of the Torah verses which are said in the prayers before the Tamid, prior to saying Birchas Hatorah, as these verses are being said as a supplication and not as a form of learning or reading of the Torah. [ibid]

^[128] The reason they do so is in order to precede the blessing over Torah study to the recital of any verses of Torah which are said as part of Karbanos. [ibid] However according to all there is no prohibition in praying to G-d and saying blessings prior to reciting the blessing over Torah study. Thus there is no need to precede the Torah study blessing to the other morning blessings. [Shaar Hakolel 1:16]

[129] So is written also in Siddur Rav Amram Gaon ; Rambam; Tanya RabasiAbudarahm; Seder Hayom

[130] See Piskeiy Teshuvos 88:2 and chapter 8 Halacha 9. However see Maor Vashmesh Emor regarding not even thinking Torah beforehand and that so was received from the Baal Shem Tov and Reb Elimelech of Lizensk; See Shulchan Melachim [Tevilas Ezra] 20.

^[131] Admur 47:10; Michaber 47:14 in name of Igur; M”A 47:14; See Biur Halacha 47:14 “Nashim”; Likutei Sichos 14 p.48

[132] Is this an obligation or a voluntary matter? The Levush 47:14 writes that women are obligated to recite Birchas Hatorah and so is evident from Peri Megadim 47 M”Z 1. This term “obligated” is not mentioned in the Michaber or Shulchan Aruch Admur. They simply write that women are to say the blessing. From some Poskim it seems they learn that this is not an obligation but a mere voluntary matter. See Gr”a 47:14; Piskeiy Teshuvos 4718; Chikreiy Lev 10; Yosef Ometz 67; Birkeiy Yosef 47:7; Minchas Chinuch 430; Nemukei Orach Chaim 47; Aruch Hashulchan 47:25; Tehila Ledavid 47:9. The Birkeiy Yosef ibid [brought in Shaareiy Teshuvah 47:1] writes that women are not Biblically obligated to recite Birchas Hatorah even according to the Peri Chadash and others that hold Birchas Hatorah is Biblical.

[133] The Reason: As [although they do not have the general Torah learning obligation as do men, nevertheless] they are obligated to learn the details of the laws which they are obligated in. This includes the details of the positive commands they are commanded to follow, and the details of the negative commands that they may not transgress, just like men. Likewise they are obligated to pray just like men. (Furthermore, Birchas Hatorah is recited prior to Parshas Hatamid, and women are obligated to recite the Tamid just like men, as prayer was established in place of the Tamid.) [ibid] This reason of Admur is based on Levush 47:14. Regarding why the obligation of woman to pray should be a reason to obligate them to recite Birchas Hatorah, from the Levush it seems the reason is because women are obligated to recite all the versus and teachings of the Karbanos that are found in prayer, and hence they must say the blessing. However from Admur it seems that the saying of the Karbanos is an additional reason to the fact they are obligated in prayer. Perhaps then the explanation is as follows: Regarding the first blessing of Asher Kidishanu which is said on the Mitzvah of learning Torah, women are obligated to say it because they must know the details of the Mitzvos. Furthermore they are to say also the second and third blessing which are said as praise to Hashem [similar to prayer] as also women are obligated in prayer. Vetzaruch Iyun. [See Piskeiy Teshuvos 47 footnote 163 in name of Griz Halevi for a similar explanation].

Other reasons mentioned in Poskim: The Gr”a rules that the reason why women are to say Birchas Hatorah is because they are allowed to say a blessing over all Mitzvos that they are exempt from due to it being dependent on time. [brought in Biur Halacha ibid]

[134] Hilchos Talmud Torah 2:12; See also Ashel Butchach Avraham 47; Ksav Sofer 20; However see Sdei Chemed Mareches Beis Klalim 37 that nevertheless one must be aware that he is learning Torah by reciting these verses of Yivarechicha, and not that he is merely reciting a  prayer.

[135] The reason: As one who verbalizes the words of the written Torah fulfills his obligation even if he does not understand what he is reading. [ibid]

[136] Admur 47:2; Siddur Admur; Ketzos Hashulchan 5:8; and so is explicitly implied from Shulchan Aruch 47:1 [implies one may never learn Torah before the blessing-M”B 47:2] 47:2 [implies that it is forbidden to verbalize the words beforehand, and not just that one may say the blessing if he verbalizes the words], 46:8. This is simply to negate those that understood that the prohibition of learning Torah prior the blessing is a novelty of the Siddur. Upashut! So rules also: Bitzel Hachochma 1:1; Yosef Ometz 66; Chayeh Adam 9:11; Meishiv Davar 47

[137] See Hilchos Talmud Torah 2:12

[138] Halachos Ketanos 2:159; Tehila Ledavid 47:2; Ben Ish Chaiy Vayeishev 12; Keren Ledavid 11; Erech Hashulchan 47:2; Shaareiy Teshuvah 47:3; Kaf Hachaim 47:5

Other opinions: Some Poskim rule one may listen to a person saying words of Torah prior to reciting Birchas Hatorah. [Machazik Bracha 47:4; Zekan Ahron 60; Halef Lecha Shlomo 35; See Sdei Chemed Asifas Dinim Mareches Rosh Hashanah 2:19]

Opinion of Admur: Admur states that one does not say a blessing when thinking Torah or even saying a Halachic ruling, being that it is like a mere thought. The reason that thought does not require a blessing is because it is not like speech. [47:2] In Hilchos Talmud Torah 2:12 Admur states that one who hears words of Torah from another fulfills the Mitzvah of learning Torah as hearing from another is like speech. This would hence imply that a blessing is recited. Nevertheless, perhaps Admur requires actual speech, just like he writes in 104:5 that one may listen to Kedusha during Shemoneh Esrei, as although listening is like speech, since it is not verbalized it is not an interval. Hence, we see that it is not like speech for all matters. Practically from the simple understanding of 47:2 it would appear that according to Admur one must say a blessing. Vetzaruch Iyun.

[139] As perhaps according to the Poskim who rule that hearing words of Torah is permitted before Birchas Hatorah would also rule that one does not fulfill the Mitzvah of Talmud Torah in this regard, if he simply hears Torha, and hence it is proper to say the actual verses.

[140] As perhaps we rule like those Poskim who rule that hearing words of Torah is permitted before Birchas Hatorah, and hence he ends up saying a blessing in vain.

[141] See Admur 47:10; Michaber 47:14 in name of Igur; M”A 47:14; See Biur Halacha 47:14 “Nashim”; Likutei Sichos 14 p.48

[142] Birchas Hatorah can be said even by night. See Admur 47:7 that the blessing is said at night, and see Dvar Moshe 3 Y.D. 13

^[143] Admur 47:7 as rules the second opinion there and as concludes Admur that so is the custom; So also plainly rules Siddur as is evident from the fact Admur rules in Siddur that one may say a blessing even if he did not sleep at night, hence completely accepting the custom and second opinion; So rules also Michaber 47:11; Ashel Avraham Butchach; Kaf Hachaim 47:25; Toras Chaim Sofer 11; Minchas Shlomo 18

Background:

In 47:7 Admur records a dispute regarding whether one must repeat the blessing of Birchas Hatorah if he made an interval prior to learning a second time that day. The basis of this dispute is with regards to whether we view Birchas Hatorah similar to Birchas Hashachar or not.

First Opinion: There are opinions [Mahram; Rosh] which rule that the blessing said over Torah study is not like the morning blessings and thus one must say a new blessing if he completely removed his mind from his previous learning session. This means as follows: According to all, if one began learning after Birchas Hatorah and then stopped learning in order to work and then resumed learning, he is not required to repeat the blessing, if he is a person that is accustomed to constantly learn. As such a person tries to finish his work as soon as possible in order so he can resume learning. Thus, this work is not considered an interval between the blessing [and the resumed learning] as even while he was working he was thinking about his learning. The same applies if he went to the bathhouse or bathroom, it is not considered an interval, as even while he is in the bathhouse and bathroom he does not remove his mind from resuming his learning afterwards. Likewise if he attempted to sleep and was unable to fall asleep it is not considered an interval being that so long as he is still awake his mind is on his learning. Likewise if he took a mere nap on his arm it is not considered an interval. If, however, he slept a regular sleep on his bed it is considered an interval [and the blessing must be repeated]. Likewise one who is not accustomed to constantly learn Torah, and said the blessing and learned his daily learning and then went to work, removing his mind from learning any more that day, then if he changes his mind and decides to learn again that day, he must repeat the blessing.

Second Opinion: There are opinions [Igur] who rule that the blessing over Torah study is just like Birchas Hashachar which the Sages instituted to be said only once a day. Therefore even if one slept on his bed, or stopped learning and did not have plans to continue learning any more that day, and then decided to learn more, he is not required to repeat the blessing.

Final Ruling of Admur: The custom is like the second opinion.

Other Opinions: The following Poskim rule like the first opinion that the blessing is to be repeated if an interval took place, such as sleeping during the day: Lechem Chamudos; Peri Chadash; Elya Raba; Gr”a; Chayeh Adam [brought in M”B 47:25]; M”B ibid concludes that one may rely on these Poskim to repeat the blessing. Chesed Lealafim 47:4; and Ben Ish Chaiy Vayeishev 12 rule one is to think the blessing in his mind or recite it without Hashem’s name. Kaf Hachaim 47:25 concludes one is to intend during the blessing to fulfill all the learning of that day and possibly this is then valid according to all.

[144] According to all, the learning that one does at night prior to having slept is included in the mornings blessing, as the night follows the day in these matters. [ibid; See Piskeiy Teshuvos 47:15]

[145] Admur 47:7 “When one sleeps a standard sleep and awakens prior to Alos Hashachar then according to all opinions he must say the blessing.”; 47:8 “One who wakes up prior to morning in order to learn Torah says Birchas HaTorah”; Siddur Admur “Whoever sleeps at night says the blessing upon waking up from midnight and onward”; Michaber 47:13 “One who wakes up prior to morning in order to learn Torah says Birchas HaTorah”

^[146] Admur 47:7 that if one only slept a temporary sleep then [according to all opinions] he would not be required to recite the blessing, until Alos [No mention of this is made in Admur 47:8 or in the Siddur]; Birchas Habayis 34:8; Kaf Hachaim 47:27, 29; Piskeiy Teshuvos 47:15. See Q&A for exact definition.

^[147] Siddur Admur; Peri Chadash 46; 47:13; Ketzos Hashulchan 5:8. The Siddur mentions midnight also regarding Al Netilas Yadayim and the morning blessings.

Other opinions: There is no mention of midnight made in the Shulchan Aruch with exception to the blessing of Hanosein Lasechvi Bina. [47:9] See Kaf Hachaim 46:49 and 47:29 in name of Mekubalim that one is to recite all the morning blessings from after midnight. However from the letter of the law he allows the blessing to be said before midnight. Furthermore, regarding Birchas Hatorah, he explicitly writes that it may be said prior to midnight although suggests and recommends saying get close to midnight; So also rules Ben Ish Chaiy Vayeishev 12

[148] Admur 47:7 ibid; Admur 47:8 ibid; Siddur Admur ibid; Michaber ibid; Tur 47 in name of Rosh; M”A 47:13; Tosafus Brachos 11b; Rosh Brachos ibid and Teshuvos Kelal 4:1; Shibulei Haleket 5; Iggur Tefila 1; Terumos Hadeshen 2:123;

Does this apply according to all opinions? This ruling applies according to both opinions [mentioned in 47:7] as even according to the second opinion which rules Birchas Hatorah is similar to Birchas Hashachar, which is only said once in the morning, nevertheless even Birchas Hashachar can be said prior to Alos, as soon as he awakens. [Admur 47:7]

[149] Admur 47:8 “He is not required to repeat the blessing in shul even if he is the Chazan who is leading the prayers”; 46:8; 6:4; Michaber 47:13; Rosh Brachos 1:13; Tosafus Rabbeinu Yehuda Brachos ibid; Rashba Brachos ibid; Hagahaos Maimanis Tefila 7 Chaf; See Tehila Ledavid 47:7

[150] Implication of Admur 47:7 [that if one only slept a temporary sleep then he would not be required to recite the blessing, until Alos; No mention of this is made in Admur 47:8 or in the Siddur]; Birchas Habayis 34:8; Kaf Hachaim 47:27; Piskeiy Teshuvos 47:15; See Q&A for exact definition.

Does this apply according to all opinions? Seemingly. this ruling applies according to both opinions mentioned in Admur 47:7, as even according to the first opinion who rules Birchas Hatorah must be repeated if one slept, only rules this way regarding one who slept a standard sleep, as explicitly stated in Admur 47:7 “So too if he slept on his elbows a temporary sleep it is not considered an interval]. [One cannot imply from the wording of Admur 47:7 “When one sleeps a standard sleep and awakens prior to Alos Hashachar then according to all opinions he must say the blessing” that if he slept a temporary sleep, then it is disputed if he must repeat the blessing, as in truth this is simply coming to contrast day sleep versus night sleep, and not temporary sleep versus standard sleep]. However Tzaruch Iyun, as perhaps according to the second opinion there is room to say that even if one awoke past midnight from a temporary sleep he must now recite Birchas Hatorah for the next day, just like we rule regarding the blessing of Netilas Yadayim [Siddur; See Chapter 4 Halacha 17] and just like no differentiation is made regarding other Birchas Hashachar which is dependent on sleep. [i.e. Elokaiy Neshama] Furthermore Admur himself in the Siddur does not differentiate here at all between a Shinas Keva and Shina Aray! Vetzaruch Iyun.

[151] 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

[152] 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. [Mahrsham 3:337]

[153] 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]

[154] 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 Mahrsham 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.

[155] 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.

[156] See Piskeiy Teshuvos 47:17; Kaf Hachaim 47:27; Shaareiy Teshuvah 47:4

[157] Piskeiy Teshuvos 47:17 writes that this applies according to all.

[158] First opinion in M”B 47:29; Birchas Habayis 34:8; Mahrsham 3:337 [brought in Shearim Hametzuyanim Behalacha 7:2]; Peri Megadim 47 A”A 12; opinion brought in Beir Hamayim 1 [brought in Kaf Hachaim 47:27]; Mekubalim brought in Birkeiy Yosef and Shaareiy Teshuvah ibid; Kaf Hachaim 47:29 and 46:49; Shaareiy Teshuvah 47:4 concludes that if one had in mind to exempt the entire days Torah learning then a blessing is not to be repeated after awakening the second time; So rules also Even Yisrael 9:61; In truth the Mahrsham in his conclusion rules to say the blessing twice, as the third opinion above. Nevertheless he does conclude that the first sleep is considered a Shinas Keva and requires a blessing.

[159] Beir Hamayim 2 brought in Pesech Dvir 47:6 and Kaf Hachaim 47:27; Halichos Shlomo 6:1; Piskeiy Teshuvos 47:17 rules that one is to follow the main sleep, that if the main sleep is the second sleep then the blessing is said after the second time. If the main sleep is the first sleep then it is said after the first time. See Minchas Yitzchak 10:7

[160] Peri Chadash 46:8; Opinion in Birkeiy Yosef, brought in Shaareiy Teshuvah 47:4; Shaareiy Teshuvah ibid concludes that if one had in mind to exempt the Torah learning only until the next sleep, then a blessing is to be repeated after awakening the second time. M”B 47:29 rules that one who says a blessing twice has not lost out. Mahrsham 3:337 rules one is to say Asher Bachar Banu after the first time and all three blessings after the second time, or vice versa, having in mind to exempt the learning only until the second sleep. So rules also Yabia Omer 8:5; 9:91

[161] Shaareiy Teshuvah 47:4; Minchas Yitzchak 10:7; This refers to a normal sleep, just like the first time he slept.

[162] This follows the ruling of Admur in the Siddur which compares the blessing to Birchas Hashachar and does not suspect at all for the second opinion.

[163] Piskeiy Teshuvos 47:15 footnote 130

[164] Mahrsham 3:337; Brought in Shearim Hametzuyanim Behalacha 7:2

[165] Ibid

[166] Pischeiy Teshuvah 47 in name of Pnei Ahron; See also Kaf Hachaim 47:27; unlike Piskeiy Teshuvos 47:3 that says one is to have in mind to fulfill his obligation with Ahavas Olam if he plans to return to sleep that night.

[167] Chayeh Levi 1:2

[168] Kaf Hachaim 47:29; Ben Ish Chaiy Vayeishev 12; Vetzaruch Iyun if according to Admur one must recite the blessing prior to learning past midnight. Perhaps one may learn prior to reciting the blessing as it is no different than one who slept a standard sleep during the day which may learn Torah all night until Alos. Vetzaruch Iyun.

[169] Piskeiy Teshuvos 47 footnote 143

[170] As many Poskim hold the blessings may be recited prior to midnight if one woke up from a standard sleep. [see Kaf Hachaim 47:29] and even according to Admur in the Siddur which mentions midnight, since the reason is not mentioned, we apply the rule of Safek Brachos Lihakel and one may not repeat the blessing.

^[171] 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]

[172] 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 Siddurs omittion 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!

[173] 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

[174] 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.]

[175] Piskeiy Teshuvos 47:16; Upashut!

[176] 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 Mahrshag and Rav Raskin brought in next footnote.

[177] Mahrshag 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.

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

[179] 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.

[180] Bitzel Hachochma 5:168; Piskeiy Teshuvos 47:16 footnote 144

^[181] See Admur 47:6; Michaber 47:7-8; Tur 47:6; Brachos 11b; Kaf Hachaim 47:14-18; Piskeiy Teshuvos 47:10

[182] Admur ibid; Tur ibid; Rashi Brachos 11b

[183] Admur ibid; Michaber ibid; Tur ibid; Shmuel Brachos 11b

[184] Admur ibid; Levush 47; Mateh Yehuda 47:12; P”M 47 A”A 6; Kaf Hachaim 47:16; See Q&A for exact definition

[185] 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

[186] 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]

[187] M”B 47:14

[188] See Biur Halacha 47:7 “Poteres”

[189] 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”

[190] 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]

[191] Safek in Michaber 47:8; Raavad, recorded in Rashba Brachos ibid; Shibulei Haleket 5 in name of Rav Binyamin

[192] 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.

[193] 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]

[194] Admur ibid; Michaber 47:8

[195] 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”]

[196] Admur ibid; Michaber 47:8

^[197] 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.

[198] 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”]

[199] Kaf Hachaim 47:17; Kitzur SHU”A 7:7; Upashut. Vetzaruch Iyun why this was not mentioned by Admur.

^[200] Piskeiy Teshuvos 47 footnote 86; Based on Admur 46:7 which mentions the possibility of hearing the blessing through someone else.

[201] Admur ibid; Michaber 47:8; Raavad, recorded in Rashba Brachos ibid; Shibulei Haleket 5 in name of Rav Binyamin

[202] 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

[203] 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

[204] Makor Chaim [Chavos Yair] 47:7; See M”B 47:17 regarding Shema.

[205] M”B 47:17

[206] M”B 51:10; as there are opinions who say it is forbidden to recite the verses in Pesukei Dezimra prior to Birchas Hatorah.

[207] 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]

[208] M”B 52:9; Biur Halacha “Umikol Makom”

[209] 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

[210] M”B 47:13; Rabbeinu Yona brought in Tehila Ledavid 47:5

[211] 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

[212] 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

[213] 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

[214] Dvar Moshe 3 Y.D. 13; Shaareiy Teshuvah 71:1; Shalmei Tzibur p. 182; Ashel Avraham Butchach 71; Kitzur SHU”A 196:7; M”B 71:4; Derech Hachaim; Kaf Hachaim 71:4; Nitei Gavriel 18:21

[215] Dvar Moshe ibid, based on the above Halacha

[216] See Dvar Moshe ibid; Upashut that there is no reason to differentiate between whether the Kevurah was by day or at night and either way he is obligated in the Mitzvah.

[217] 47:9; Rama 47:13; Se also Basra 1:7; Kama 4:3; Siddur; See Chapter 3 Halacha 7 where this ruling was dealt with extensively!

[218] Basra and Siddur ibid rule one must wash his hands beforehand. However 47:9 and Rama ibid rule this is only initially required. See Chapter 3 Halacha 3D where this matter was dealt with extensively!

[219] See Chapter 3 Halacha 7!

[220] Admur 47:7; Accordingly, the ruling in 59:4 does not include Birchas Hatorah.

[221] Grach Naah in Shvil Hachaim on Derech Chaim 4:5 based on Admur 59:4 that one does not fulfill the morning blessings through hearing them from another unless he hears it with a Minyan. Vetzaruch Iyun Gadol as according to this understanding that the ruling in 59:4 includes Birchas Hatorah there is an explicit contradiction between the ruling in 47:7 and 59:4. [One cannot explain that Rav Naah is going according to the ruling of the Siddur that Birchas Hatorah is just like all other Birchas Hashachar and thus one cannot fulfill his obligation by hearing someone else say them, as if this were the case why would Admur suggest in 47:7 to hear the blessing from someone else in order to be stringent like the other opinion, if according to the custom one can only fulfill his obligation if he himself says it. It is very difficult to establish that Admur in 47:7 is referring to hearing the blessing from the Chazan with a Minyan in which case one fulfills his obligation even by the morning blessings.]

[222] Peri Megadim 47 M”Z 1; From Biur Halacha “Nashim” it is understood that all those that hold of the reasons mentioned in Admur agree with the ruling of the Peri Megadim, and hence according to Admur this is allowed.

[223] Biur Halacha 47 “Nashim”; Piskeiy Teshuvos 47:18

[224] Peri Megadim ibid; Biur Halacha 47 “Nashim”