By Rabbi Haim Jachter
Sephardic Jews are faced with the question this year, when we will very sadly be praying at home in isolation on the night of the Seder, as to whether to recite the pre-Seder Hallel at home during Arvit. In normal circumstances, this Hallel is recited with a bracha in the Bet Kenesset. The question becomes whether we say it with a bracha at home as well.
Maran HaHida vs. Rav Yehuda Ayash
Rav Ovadia Yosef (Teshuvot Yehave Da’at 5:34) marshals an impressive list of posekim who believe that the Hallel for the first night of Pesah should be recited even by an individual not praying in a Bet Kenesset. These include Maran HaHida (Birke Yosef Orah Haim 487:8 citing the Rema MiPano and other lesser known authorities), Rav Yehezkel Landau1 (as cited in Teshuvot Teshuvah Me’Ahavah 1:90) and Rav Haim Pelaggi (Ru’ah Haim 487:4).
However, at least two very important Sephardic posekim, Rav Yehudah Ayash (Teshuvot Bet Yehudah 2:33) and Ribi Yosef Yedid HaLevi (Teshuvot Yeme Yosef 2 Orah Haim 23) disagree and limit the recital of this Hallel to a communal recital in the synagogue.
Rav Ovadia, however, dismisses this view, arguing that had they known the ruling of the Rema MiPano and his supporters, Rav Ayash and Rav Yedid would have withdrawn their rulings. One might question this assumption, as while the 16th- century Rema MiPano is greatly respected, he is not on that much higher a level than the 17th-century Rav Ayash, in deference to whom Rav Ayash would have withdrawn his ruling.
Evidence for Rav Ayash
Moreover, the Tur (Orah Haim 473) description of the practice of reciting the Hallel on Pesach night “with the Tzibbur in the Bet Kenesset,” seems to support the view of Rav Ayash. The Shulhan Aruch (Orah Haim 487:2) also seems to support this view as it presents the practice as the recital of Hallel “B’Tzibbur,” with the community. One might reply that the Tur and Shulhan Aruch refer to when this Hallel is typically recited, and are not teaching that it can be said only with the Tzibbur in the Bet Kenesset. However, it is at least possible to interpret the Tur and Shulhan Aruch as supporting the view of Rav Ayash.
Furthermore, the Vilna Gaon to both Orah Haim 487:4 and Orah Haim 671:7 unambiguously states that this Hallel is reserved for the Bet Kenesset. The Vilna Gaon even compares Hallel in synagogue on the first night of Pesach to lighting the Chanukah lights in synagogue during Chanukah. Both of these events are exclusive to the Bet Kenesset.
The Vilna Gaon’s logic is quite compelling (as I heard it explained by Rav Yosef Dov Soloveitchik). There is Hallel for the Tzibbur followed by Hallel for individuals recited at the Seder. In fact, Rav Herschel Schachter has ruled2 that followers of Rav Chaim Soloveitchik and Rav Yosef Dov Soloveithcik who normally recite Hallel in the Beit Kenesset should not recite Hallel this year in isolation.
Rav Ovadia’s Ruling—Should It Be Followed?
Rav Ovadia rules in favor of the many posekim who rule that Hallel on Lel HaSeder should be recited with a bracha even when praying alone at home. Rav Shmuel Khoshkerman rules that Sephardic Jews should follow the ruling of Rav Ovadia.
One, however, could question this ruling. Rav Ovadia, as is typical of Sephardic posekim, liberally applies the principle of Safek Brachot L’Hakel, one does not recite the bracha in case of doubt. Sephardic authorities even use an acronym “Saba”l, to express this point, since it is a phrase of such common usage. Rav Ovadia is fond of supporting this principle by noting that the prohibition to recite a bracha L’Vatala is a Torah-level prohibition according to both the Rambam and Shulhan Aruch.
Based on our discussion, the view of Rav Yehuda Ayash is not easily dismissed as it has clear support from the Vilna Gaon and possible support from the Tur and Shulhan Aruch. מידי ספיקא לא נפקא, we have not left the realm of doubt. Thus, we should apply the principle Saba”l and omit the bracha on Hallel for the Lel HaSeder in isolation.
Although Rav Ovadia along with many Sephardic posekim state that Saba”l does not apply when there is a minhag to recite the bracha, in our case there does not seem to be a minhag to recite Hallel if one prays at home on the night of the Seder.
In fact, Rav Mordechai Lebhar (Teshuvot Magen Avot number seven) rules for this reason that women should not recite a bracha on Hallel of the night of the Seder despite Rav Ovadia’s ruling that they must recite it with a bracha at home. Rav Shmuel Khoshkerman also reports that many Sephardic women do not recite Hallel at the night of the Seder apart from that which is recited as part of the Haggadah. This practice seems to stem from the assumption that this Hallel is not recited outside the Bet HaKenesset.
The Authority of Rav Ovadia
Although Rav Ovadia enjoys very well deserved profound authority amongst Sephardic Jews, especially in a heterogeneous Sephardic congregation such as Teaneck’s Shaarei Orah, his authority should not exceed that of Rav Yosef Karo.
The well-accepted rule among Sephardic posekim, including the Ben Ish Hai, Kaf HaHaim and Rav Ovadia, is to apply the rule of Saba”l even when it runs counter to the ruling of the Shulhan Aruch and even when it represents only a minority view.
Accordingly, why should we not apply the same rule to Rav Ovadia Yosef? Although he enjoys great authority, in case of Safek we should fear violating the Torah-level prohibition of reciting a bracha L’Vatala. In our case, the ruling of Rav Ayash and Rav Yosef Yedid has, at the very least, not been disproven. At minimum, a Safek remains. It seems most appropriate to apply the rule of Saba”l in our case even against the ruling of Rav Ovadia.
Tentative Conclusion
Although a Sephardic Jew who recites a bracha on the pre-Seder Hallel this year has upon what to rely, the preferred option appears to be to recite this Hallel without a bracha. In fact, an important Sephardic Posek in Israel, Rav Gideon ben Moshe, rules that we should apply the principle of Saba”l in this case and refrain from saying a bracha.
Updated Conclusion
Rav Ike Sultan, however, called my attention to the Kaf HaHaim 477:38, 39 and 423 who not only rules in accordance with Maran HiHida, who notes many Rabbanim who followed this ruling in practice. Rav Sultan correctly notes the significance of the fact that the Kaf HaHaim liberally applies the principle of Saba”l but nonetheless here he does not.
Thus, based on the Kaf HaHaim we may safely conclude that there is a minhag for Sepharadim to recite Hallel on the night of the Seder even with a bracha in accordance with the ruling of Rav Shmuel Khoshkerman. Thus, the rule of Saba”l does not apply since there is a minhag to follow the Hida4. Rav Mordechai Lebhar, despite his deep admiration and frequent citation of Rav Yehuda Ayash, rules this way as well.
1 Rav Mordechai Lebhar cogently notes, though, that it is not clear as to whether the Noda Be’Yehuda recited the bracha on this Hallel.
3 It is surprising that Rav Ovadia does not quote this in his teshuva.
4 One could respond, though, that a minhag is not created in unusual circumstances (as stated in Teshuvot Igrot Moshe Orah Haim 1:168). However, Kaf HaHaim clearly disagrees.
