Three disputes regarding tefillah bring to life the difference in approach that we described in last week’s column between Rav Mordechai Eliyahu and Chacham Ovadia in terms of conflicting fidelity to the Ben Ish Chai or the Beit Yosef.

One Who Omitted Hamelech Hamishpat

Rav Ovadia (Teshuvot Yechave Da’at 1:57) famously rules that a Sephardic Jew who omits Hamelech Hamishpat during the Aseret Yemei teshuva must repeat his Amida, in accordance with the Shulchan Aruch (Orach Chaim 582:2). Rav Mordechai Eliyahu, on the other hand, rules that one should follow the Ben Ish Chai (Year 1, Nitzavim, paragraph 19). For a full discussion of this issue see our discussion archived at https://www.jewishlinknj.com/features/20596-forget-hamelech-hamishpat-depends-if-you-are-sephardic-or-ashkenazi.

She’asa Li Kol Tzorki on Tisha B’Av and Yom Kippur

Chacham Ovadia for many years ruled that we should not recite the bracha of She’asa Li Kol Tzorchi on Tisha B’Av and Yom Kippur. Since this bracha is an expression of thanks for shoes (Brachot 60b), this bracha is not appropriate for Tisha B’Av and Yom Kippur when we are forbidden to wear leather shoes. However, later in life, in his Chazon Ovadia (Yamim Noraim page 320), Rav Ovadia ruled against the Ben Ish Chai on this and ruled that a person should indeed make the bracha of She’asa Li Kol Tzarki’ on Tisha B’Av and Yom Kippur.

Among Rav Ovadia’s explanations are that since there are Jews who legitimately wear shoes on Tisha B’Av (for example a pregnant woman or the elderly), all Jews may say She’asa Li Kol Tzorki on Tisha B’Av and Yom Kippur. Most important for Rav Ovadia, Rav Karo does not distinguish between Tisha B’Av and Yom Kippur as opposed to all other days in regard to this bracha, and thus She’asa Li Kol Tzorki should be said even on these two days.

Rav Mordechai Eliyahu, in his Siddur Kol Eliyahu, remains loyal to the ruling of the Ben Ish Chai (Year 1, Vayeishev, paragraph 9) that we should follow the Arizal who urged that She’asa Li Kol Tzorki should not be recited on Tisha B’Av and Yom Kippur. Interestingly, the Moroccan siddurim indicate agreement with Rav Ovadia regarding this issue. In general, Moroccan poskim are less influenced by Kabbalistic concerns in their halachic rulings than other Sephardic decisors.

The Amidah: Inaudible or Audible

Finally, Rav Eliyahu and Rav Ovadia disagree as to which is the proper way to recite the Amida—silently or audibly. The Shulchan Aruch writes (Orach Chaim 101:2) that when praying the Amida one must move his lips and enunciate the words; thinking the words in one’s mind does not fulfill the obligation, as indicated in the verse describing the prayer of Chana, mother of the navi Shmuel: “Only her lips were moving…” (Shmuel I 1:13). This ruling of the Shulchan Aruch is shared by all authorities.

There is, however, disagreement among the authorities as to how loudly the Amida should be recited. The Shulchan Aruch rules that one should recite the Amida softly enough so that those standing near him will not hear his prayer, but loudly enough to allow him to hear his own prayer. Among the Kabbalists, however, we find a different tradition in this regard. The Ben Ish Chai (Year 1, Parshat Mishpatim, paragraph 3) cites from the Zohar that while one must enunciate the words of tefillah they should not be audible to the extent that even the one praying hears the words. The Ben Ish Chai cites from the Arizal’s famous student Rav Chaim Vital that if one’s prayer is even slightly audible, the “chitzonim” (harmful spiritual forces) are capable of disrupting the prayer’s efficacy and preventing it from reaching its destination.

Nonetheless, the Ben Ish Chai in his work “Od Yosef Chai” (Parshat Mishpatim, 3), rules that the halacha on this issue depends on the individual’s ability to properly pronounce the words and concentrate on his prayer. One who feels that he can accurately enunciate the words and pray with concentration reciting the Amida inaudibly, then he should do so—in accordance with the approach of the Zohar and Rav Chaim Vital. If, however, one suspects that he might swallow his words or experience difficulty concentrating unless he recites the Amida audibly, then he should follow the Shulchan Aruch’s ruling and pray the Amida loudly enough to hear his words.

Rav Mordechai Eliyahu, in his Siddur Kol Eliyahu, rules in accordance with the Ben Ish Chai. On the other hand, Chacham Ovadia Yosef, in his work Halichot Olam (1:157), writes that the halacha follows the position of the Shulchan Aruch—that the Amida should be recited audibly. Of course, those who recite the Amida audibly must ensure to recite it softly enough that only they—and nobody else in the synagogue—can hear their prayer, in keeping with the example set by Chana.

By Rabbi Haim Jachter

Rabbi Haim Jachter is the spiritual leader of Congregation Shaarei Orah, the Sephardic Congregation of Teaneck. He also serves as a rebbe at Torah Academy of Bergen County and a dayan on the Beth Din of Elizabeth.