Siman 1 Getting Up in the Morning
Mishna Berura
Yeshivat Har Etzion
SHIUR
# 1: Siman 1
Pages
7-10
by
Rav Yosef Zvi Rimon
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Introduction:
This series is designed as an aid to self-study of Mishna Berura. We will be covering four pages of Mishna
Berura per week, beginning this week with pages 7-10 (which include Siman 1, the
first chapter). Our course of study
involves you, the student, learning the Mishna Berura siman by siman and
referring to our pages of mekorot (sources) at the relevant se'ifim
(paragraphs). It is advisable to
keep an Arukh Ha-shulchan handy for reference.
The shiur will include explanations of the basic nature of certain laws,
the background in the Talmud and Rishonim, as well as excerpts from texts which
deal with practical, modern-day application.
In Yeshiva, we have found these shiurim to be extremely successful at
fleshing out the regular Mishna Berura seder. The students are left with a clearer
appreciation of both the essence and the application of the
halakha.
The pace of the shiurim is geared to someone willing to invest several
hours per week, which can easily be portioned into sessions as short as half an
hour. Approximately 3-4 pages of
Mishna Berura will be covered each week.
Key: References
in Shulchan Arukh (S.A.) are to siman:se'if; in Mishna Berura (M.B.) to
siman:se'if katan (footnote number).
Before commencing study of Mishna Berura, we recommend that you read the
introduction to the Mishna Berura, especially from the section beginning
"u-sekhar talmud Torah hu gadol me'od me'od" - "and the reward for Torah study
is very great," until the end. At
some point, it is also worth reading the introduction of the Tur; the
introduction of the Beit Yosef, excluding the section which begins "Shut
le-haGaon Mahari Karo;" the introduction of the Darkhei Moshe; and finally, the
introduction of the Yam Shel Shlomo (the Maharshal) to masekhet
Chullin.
The first of these is the most crucial. For those interested in a bit of mussar,
it is recommended to read the opening sentences of the Tur, until the words, "ma
yofyo u-ma tuvo."
Questions on the material can be addressed to Rav Yosef Zvi Rimon at:
[email protected] .
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Siman 1: Getting Up in the
Morning
S.A. 1:1 -
Washing of Hands after Waking Up
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M.B. 1:2
("u-mekol she-ken ... yadayim" - 1 line): "And he certainly should not walk four
cubits without having washed his hands."
The primary source is Shabbat 108b:
"He [R. Muna]
was accustomed to saying, 'A hand which went to the eye should be cut off, and
so too a hand which went to the nose, a hand which went to the mouth, a hand
which went to the ear ...' It was taught in a beraita, 'She is a free agent, and
insists that he wash his hands three times.'"
Rashi there explains that this refers to one who didn't wash his hands
upon rising and subsequently touched his eye; for such a person, "it is better
that it [his hand] be cut off, for the ruach ra'a (harmful spirit) rests upon
his hand and blinds him, and similarly for them all." The ruach ra'a rules over his hand - is
a "free agent" - until he washes his hands three times.
Is it necessary to wash hands by one's bed? Our answer involves several
components:
a) The ruach
ra'a nowadays. The gemara (Yoma
77b), in discussing Yom Kippur, states, "A woman may wash one hand in water and
give bread to her child, and need not worry [about the prohibition of
washing]." Rashi elaborates, "[This
is] since the ruach ra'a rests upon bread which is taken with hands that have
not been washed in the morning, and this spirit is called Shivta." Tosafot explain, however, that we are
not dealing with the ruach ra'a of the morning, but rather with a ruach ra'a
which comes to rest even in the middle of the day (after one has washed in the
morning) each time one touches bread without having previously washed his
hands. Tosafot finish by saying
that we need not watch out for this particular ruach ra'a, "since this ruach
ra'a does not dwell in these kingdoms, just as we do not watch out for
'uncovering' and for 'pairs'" ("uncovering" is the drinking of water that
remained uncovered overnight; "pairs" is the eating of an even number of items,
e.g., the drinking of two cups and the like).
Although Tosafot were not talking about the ruach ra'a of the morning, we
can nevertheless derive an important principle from their words: There are times
and places in which a particular ruach ra'a does not come to
rest.
The Rambam in Hilkhot Tefilla omits this rule regarding the ruach ra'a
and does not mention a need for washing the hands three times. From here, the Lechem Mishneh (Hilkhot
Shevitat Asor 3:2) infers that in the Rambam's opinion, there is no ruach ra'a
nowadays. (To be sure, regarding
Yom Kippur the Rambam ruled like the gemara that "a woman washes one hand in
water etc.," leaving the Lechem Mishneh struggling to understand his opinion
there.)
b) M.B. 1:2
("yesh omrim ... dami" - one line).
"There are those who say that for this matter we consider the entire
house to be as if within four cubits."
The Sha'arei Teshuva (found on the side of the page of the M.B.) writes
that this is the opinion of the Rashba.
To which Rashba does this refer?
Not the one you might expect - see Berakhot 25b, where it becomes clear
that this is the opinion of R. Shimon ben Elazar, the Tanna, and not R. Shmuel
ben Aderet, the Rishon.
Question: Does
the M.B. accept factors (a) and (b)?
Apparently not, for while he did live in relatively modern times, he
disregards factor (a), and he explicitly writes that one should not rely on (b)
unless there is a great need to do so.
c) One who goes
to sleep after midnight (halakhic midnight, i.e., the midpoint of the
night). The Ben Ish Chai writes
(Toldot, year 1, section 15): "Before washing his hands, one must not touch his
mouth or his nose ... but for a daytime nap or sleep [which commenced] after
midnight there is no need to beware of all this, even though we have written
that he should wash his hands three times."
(For further
elaboration, see the responsa of Yabi'a Omer, vol. 5, 1. And see further a surprising comment of
R. Shlomo Zalman Auerbach, brought in Mikra'ei Kodesh - Yom Kippur of R. M.
Harari, p. 158.)
d) The primary
source relating to the ruach ra'a.
The idea of ruach ra'a is brought in the gemara in the context of the
prohibition of touching bodily orifices (eyes, ears, etc.). The matter of the threefold washing is
likewise mentioned here. However,
the prohibition of walking four cubits without having washed one's hands does
not appear in the gemara. Instead,
its source is the Zohar. See
Berakhot 60b which details the prescribed ritual for getting up in the morning -
does the gemara hold like the Zohar?
It seems not, for there hand-washing is the last-mentioned step (unless
one were to posit that he should wash his hands first, in addition, without a
berakha).
(For further
study, see Berakhot 16a, "Amar R. Chiya bar Abba ... Kol ha-nifneh ve-notel
yadav u-maniach tefillin" - what can be proven from this?) In practice, many are lenient about
washing hands by the bedside, and this is not without a basis in halakha
(especially since, as we have seen, this requirement is not found in the
gemara), while he who chooses to be extra-careful about this is deserving of
blessing. However, one should
refrain from touching bodily orifices or foodstuffs since these things are
mentioned in the gemara. Thus, when
one arises in the morning he should first wash his hands (at the sink, if he
wishes), then relieve himself, and then wash his hands
again.
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Be'ur Halakha
1:1 dibbur ha-matchil "she-yehei hu me'orer ha-shachar" - s.v. He should arouse
the dawn.
Do you follow
this practice? See Arukh
Ha-shulchan 1:29.
S.A. 1:5 - The
Recital of Korbanot
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S.A. 1:5 "Tov
... ve-asham" - "It is good to recite the portion of the binding [of Isaac] and
the portion of the manna and the Ten Commandments and the portion of the
burnt-offering (ola) and the meal-offering (mincha) and the peace-offering
(shelamim) and the sin-offering (chatat) and the guilt-offering
(asham)."
The primary
sources are as follows:
The akeida and the manna are not mentioned in the gemara (though the
Derisha wrote that manna is mentioned in the Yerushalmi; see
below).
The Ten Commandments are mentioned in the gemara (Tamid
32b).
The sacrifices are referred to in Megilla 31b:
"'How shall I
know that I will inherit it [the land]?' (Breishit 15:8) Said Avraham before the Holy One blessed
be He, 'Master of the Universe!
What if, Heaven forbid, the Jews sin against You - would You do to them
as You did to the generation of the flood and the generation of the
dispersion?' Said He, 'No.' Said he before Him, 'Master of the
Universe, how can I know?' Said He,
'Take for Me a three-year-old heifer etc.' (Br. 15:9) [i.e., sacrifices will
atone for them]. Said he before
Him, 'Master of the Universe, that will suffice for the time that the Beit
Ha-mikdash is standing, but when it is not standing, what will become of
them?' Said He, 'I have already
arranged for them a manual of sacrifices - every time they read it I will
consider it as if they offered a sacrifice before Me and I will forgive them
their sins.'"
This gemara indicates that the recital of korbanot bears tremendous
import - "as if they offered a sacrifice before Me and I will forgive them their
sins"!
To recite or not to recite?
It is not customary to recite the Ten Commandments, for the reason cited
in M.B. 1:16 regarding their recital in public. (His source is the responsa of the
Rashba, vol. I, #184.) See the
Arukh Ha-shulchan, 1:24, "ve-gam aseret ... nusach kavu'a," where he refers to
"tar'omet ha-minim" - the heretical claim that this portion is the sum of
Torah.
The portion of the manna is not customarily recited. For the reason, see The Arukh
Ha-shulchan (ibid.) "aval al parashat ha-man etc," who suggests that this is
because the whole section is full of Bnei Yisrael's complaints and God's
corresponding anger - not something we care to remember
daily.
Korbanot are different for two reasons:
a) they are
mentioned in the gemara, and furthermore, their recital is seen as carrying
great significance (as discussed above); and
b) see the
Be'ur Halakha 1:5, dibbur ha-matchil "parashat ha-ola" - s.v. The portion of the
burnt-offering, where he quotes the sections of korbanot which appear in the
Torah. Do they appear this way in
our siddur? See the Arukh
Ha-shulchan 1:23-24, until "u-parashat ha-tamid etc." His reason for the recital of "eizehu
mekoman" - that we do it just for the sake of Torah study - might lend itself to
the exonerating of those yeshiva students who neglect to recite korbanot. It must be noted, though, that his
reason is innovative and not reflective of previous rulings, and therefore it is
proper, considering the great importance of reciting korbanot, to say at least
the mishnayot of "eizehu mekoman" (which were apparently chosen to replace the
passages in the Torah due to their explanatory character).
Next week: M.B. pages 11-15 (Simanim 2-3)
(This
shiur was translated by Pnina Baumgarten.)