16. The law if one did not sleep at all throughout the night:
There is a dispute amongst Poskim[1] as to whether one who did not sleep at night is required to wash his hands in the morning. Furthermore, even according to those Poskim which require the hands to be washed there is a dispute as to whether a blessing is recited upon this washing. The basis of this dispute is with regards to whether the spirit of impurity resides on the hands at night even if one does not sleep. The rulings of Admur differ between his Shulchan Aruch and Siddur. Furthermore, the Rebbe Rayatz gave a private directive to Chassidim to follow a third opinion not mentioned by Admur either in his Shulchan Aruch or Siddur. There is discussion amongst Rabbanim as to whether this private directive is to be followed by the public or whether they are to follow the final ruling of Admur in the Siddur. Practically the widespread custom is to follow the private directive. Both the custom and ruling of the Siddur and Shulchan Aruch will be brought below.
A. The custom: [2]
Wash with blessing: The accepted, widespread, custom amongst Chabad Chassidim is to wash hands with a blessing even if one did not sleep the night before. [One is to wash his hands regularly as he does upon awakening in the morning.[3] The washing and blessing is to be done immediately after Alos.[4] One should use the bathroom prior to washing.[5]]
B. The ruling of the Siddur: [6]
Wash one time before prayer: If one did not sleep throughout the night, or slept for less than 60 breaths worth[7] then the spirit of impurity does not reside upon him at all[8], and thus he does not need to wash his hands three times in the morning. Rather he is to wash his hands one time prior to Shacharis, without saying a blessing. [If one is in doubt whether he slept for 60 breaths than he is to wash his hands and recite the blessing without Hashem’s name.[9]]
C. The Ruling of the Shulchan Aruch: [10]
Wash three times right after Alos without blessing: If one did not sleep throughout the night, [or slept for less than 60 breaths] he must wash his hands [three times inconsecutively[11]] immediately after dawn, without a blessing. This applies even if he guarded his hands, the entire night, from touching covered areas, such as he placed gloves on his hands.[12]
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Summary: In a case that one did not sleep at night our custom is that [immediately] after Alos he is to [go to the bathroom and] wash hands three times inconsecutively, with a blessing.
Q&A Must one beware of the pre-washing restrictions prior to washing if one did not sleep at night?[13] No.
Which opinion of Alos is one to follow in the above mentioned law?[14] One is to be stringent in this regard to follow the opinion which states that Alos begins 72 minutes prior to sunrise.
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[1] Some Poskim [Bach 4; Maaseh Rav brought in M”B 4:30] rule one is to wash with a blessing. Others [Michaber and Rama 4:13; Admur 4:13; Kitzur SH”A 7:5; Shaareiy Teshuvah 4:13 and 46:12; Mamar Mordechai 4:8; Nivei Shalom 4:9; Mahram Shick 1] rule one is to wash without a blessing. Others [Olas Tamid 4:8; Elya Raba 4:8; Rebbe Akiva Eiger; M”B 4:30; Maharsham 3:126; See Kaf Hachaim 4:49;] rule one is to only wash with a blessing if he dirtied his hands. Others [Siddur; implication of students of Arizal brought in Birkeiy Yosef 4:5 and 46:12] rule there is no need to wash at all.
[2] Based on Shulchan Menachem 1:6 [Shaareiy Halacha Uminhag vol. 1 page 25; Likkutei Sichos 9 p. 276]; Heichal Menachem 2:213; Hiskashrus 931; Shevach Hamoadim p. 240 footnote 7 in name of Rabbanei Anash; Rav Raskin in footnotes on Siddur p. 7
Background:
In a letter dated on the 9th of Tishreiy 1949 the Rebbe responded as follows to the question of whether one is to recite the blessing of Al Netilas Yadayim and Elokaiy Neshama in a case that he did not sleep at night: “The public directive follows the ruling in the Siddur of Admur that it is not to be said, although one may hear it from another person who did sleep. (However the private directive is to say it. This is what I heard from my father in law the Rebbe Rayatz).” Although from this letter it remains unclear as to whether a Chassid is to follow the private or public directive, in actuality the custom became to follow the private directive and so rule Rabbanei Anash. [Shevach Hamoadim ibid] Furthermore in a Yechidus recorded in Heichal Menachem ibid the Rebbe told a Chassid that one is to follow the private directive.
Source and reason of the private directive: This ruling is based on the ruling of the Bach that the Sages apply a “Lo Pelug” that the blessing is to be said in all cases, even when one did not sleep. The Bach brings a proof that according to the Rosh [who holds the reason of washing is for Prayer] even women and children wash with a blessing even though they are not obligated to pray Shacharis. Thus we see that once the Sages made their institution to wash in the morning they applied it to all cases. The same logic can also be applied according to the Rashba. [See Halacha 2]
Opinions that allow washing with a blessing if dirtied the hands: Many Poskim rule one is to wash hands with a blessing if he dirtied his hands at night. [Olas Tamid 4:8 and Elya Raba 4:8; Rebbe Akiva Eiger; M”B 4:30; Mahrsham 3:126] The Mamar Mordechai 4:8 and Nivei Shalom 4:9 argue on this ruling. [See Kaf Hachaim 4:49] Piskeiy Teshuvos 4:2 concludes that initially one is to hear the blessing from another person although Bedieved he can follow the M”B and go to the bathroom before Davening. Alternatively he can sleep a set sleep prior to Davening. [Birchas Habayis 32:5]
Opinion of M”B: The M”B 4:30 rules that initially one who did not sleep at night is to go to the bathroom prior to Davening and he may then say a blessing of Netilas Yadayim according to all. [Vetzaruch Iyun as how this would be allowed according to Rashba] Furthermore even if one did not or cannot go to the bathroom the M”B brings the opinions [Bach and Maaseh Rav of Gr”a] that allow saying the blessing and concludes that there are Achronim which agree with this opinion. It thus seems that the M”B accepts the opinion of the Bach as the final Halacha.
[3] Hiskashrus 931 that so is the custom. Now although washing three times inconsecutively is only required due to the impure spirit, nevertheless perhaps we suspect that the impure spirit resides on the hands even if one did not sleep at night [as suspects Admur in 4:13, unlike Siddur]. However if we were not to suspect for the impure spirit then one would not be required to wash three times inconsecutively, as Admur rules in the Siddur.
[4] Based on Admur 4:13 which explicitly writes that those opinions which require washing require it to be done from Alos Hashachar. This is seemingly based on Siddur and 47:7 that the other blessings of Birchas Hashachar may only be said after Alos [in a case that one did not sleep] as this is the time that people wake up. Admur ibid writes that one is to wash hands immediately after Alos.
[5] Hiskashrus 931; This is not required according to the Bach, although it should be done in order to be able to recite the blessing of Asher Yatzar right after the washing. [See Chapter 8 Halacha 3]
[6] Siddur Seder Netila and so rules Ketzos Hashulchan 2:7; implication of students of Arizal. [see Kaf Hachaim 4:47; Shaareiy Teshuvah 4:13] Kaf Hachaim ibid rules one may be lenient in a time of need.
Background:
The Siddur rules like the Rashba that the reason for the morning washing is to remove the impurity and sanctify oneself like a Kohen. Now the Siddur rules [as do many Mekubalim to be listed below] that the impure spirit does not reside unless one sleeps. Hence according to the Siddur there is no obligation to wash hands three times with a blessing unless he slept and is hence removing impurity. Nevertheless, before prayer Admur requires the hands to be washed one time to suspect for the opinion of the Rosh as explains the Bach to be a Lo Pelug. Alternatively the Shiyurei Bracha of Birkeiy Yosef [4:1] brings the Teruma Chadasha which explains that the night invalidates the previous days washing just like in the Mikdash was the rule with the Kohen. Hence one must always wash his hands before prayer in the morning even if he guarded his hands.
Opinion of Arizal: Many Mekubalim [see footnotes below], students of the Arizal, write that according to the Arizal the evil spirit does not reside on the body if one did not sleep at night. Others however rule that according to the Arizal one is to wash his hands three times without a blessing. [Kaf Hachaim 4:47]
[7] See Halacha 17 Q&A
[8] Rav Chaim Hakohen, student of Rav Chaim Vital states that the impure spirit does not reside unless one sleeps at night. So rules also Derech Chaim; Ramaz; Birkeiy Yosef 4:5; Mikdash Melech Vayishlach; Soles Belula 4:10; Divrei Shalom Shieila 48 in name of Arizal. [Kaf Hachaim 4:47]
Other Opinions: The Yad Ahron writes in the name of the Arizal that one is required to wash his hands three times even if he did not sleep at night.
[9] Ketzos Hashulchan 5:5
[10] Kama 4:13 and 494:3 based on Rama 4:13; Beis Yosef; So rules also: Kitzur SH”A 7:5; Shaareiy Teshuvah 4:13; Kaf Hachaim 4:47; Yad Ahron on Beis Yosef; Mamar Mordechai 4:8; Nivei Shalom 4:9; Mahram Shick 1
[11] 4:14. See next footnote
[12] The reason of ruling of Shulchan Aruch: The reason for this is because perhaps when the sages instituted the blessing to be said every morning for being created, they did not want to differentiate between those which slept and became a new creation and those which did not sleep at all. [ibid] This reason for washing is in addition to the fact that in Kama 4:14 Admur rules that there is possibility that the spirit of impurity resides on ones hands at night even if he did not sleep. Thus Admur concludes that it is proper for him to wash his hands in the morning three times inconsecutively, to remove this impurity. This is in addition to the single washing required according to 4:13, as in Kama 4:2-3 Admur rules that a single washing suffices for the morning washing and the three times is only required due to the impure spirit. In conclusion, in Kama there are two reasons to require washing when one did not sleep, while in the Siddur neither reason is accepted.
[13] Ashel Avraham Butchach 4 that only if one slept at night are we stringent to apply the restrictions; Piskeiy Teshuvos 4:17
[14] See Piskeiy Teshuvos 47:16 regarding Birchas Hatorah; Upashut!