The Question

One morning about five minutes before Shaharit, my colleague Rav Yoni Mandelstam and I were approached by a fine TABC ben Torah, unsure if he said Birkot HaTorah (the brachot recited each morning on Torah learning). He asked whether he should repeat them in case he forgot. We responded that this topic is subject to much discussion and debate. The answer to the question depends to a certain extent if the questioner is Sephardic or Ashkenazic.

Background: Gemara and Rishonim

Two primary principles of “safek management” are safek d’oraita l’humra, one must be strict in case of doubt regarding a matter of Torah law, and safek d’rabbanan l’kula, one may be lenient regarding a doubt concerning rabbinic law.

Thus, if one is unsure if he recited Birkat HaMazon after a full meal, he must repeat Birkat HaMazon due to its Torah obligation. On the other hand, if one is uncertain if he recited a bracha on Hallel, he does not repeat the bracha since it is of rabbinic origin.

The question at hand is whether Birkot HaTorah constitute a Torah or rabbinic law. The Gemara (Brachot 21a) indicates that Birkot HaTorah are of Biblical origin (William Davidson Talmud translation):

“And from where is the mitzvah by Torah law to recite the blessing over the Torah before it is read, derived? As it is stated: “When I proclaim the Lord’s name, give glory to our God” (Devarim 32:3), meaning that before one proclaims the Lord’s name by reading the Torah, he must give glory to God.”

Accordingly, we are not surprised that the Ramban (in his critique of the Rambam’s Sefer HaMitzvot, positive mitzvah number 15) counts Birkot HaTorah as one of the 613 mitzvot. The Sefer HaChinuch (Mitzvah 430) and the Rashba (Brachot 48b) agree. Therefore, the Pri Hadash (Orah Haim 47) rules that one who is unsure of whether he said Birkot HaTorah must repeat them.

The Sha’agat Aryeh (number 24) agrees but with one reservation. He believes that one of the brachot suffices on a Torah level, and therefore in the case of safek, one should say only one of the Birkot HaTorah. He writes that since the Gemara (Brachot 11b) refers to the bracha of “Asher Bahar Banu” as the most beautiful of brachot, we recite this bracha in a case of doubt.

Sephardic Approach

Although the Pri Hadash is a top-tier Sephardic posek, two foremost Sephardic authorities disagree. Maran HaHida (Mahazik Bracha, Orah Haim 47) and Rav Yehuda Aiash (Mateh Yehuda, Orah Haim 47) note that several Rishonim disagree with the Ramban and rule that Birkot HaTorah are of rabbinic origin. They understand Brachot 21a as an Asmachta instead of a full-fledged Torah interpretation.

They point to the Rambam, who does not include the recital of Birkot HaTorah in his count of the 613 mitzvot. They also note that the Shulhan Aruch (Orah Haim 209:3) indicates that Birkot HaTorah are of rabbinic origin. The Shulhan Aruch states that Birkat HaMazon is the only bracha we must repeat in case of doubt since it is the only bracha of Torah origin. The Shulhan Aruch implies that Birkat HaTorah are of rabbinic origin like all other brachot other than Birkat HaMazon.

Both Hacham Yitzhak Yosef (Yalkut Yosef Orah Haim 47:1) and Hacham David Yosef (Halacha Berura 47:2) rule that in the case of safek, one should not repeat Birkat HaTorah. They note that we are left in doubt whether Birkot HaTorah are of Torah or rabbinic origin. Thus, if we are uncertain whether to repeat the bracha, we must omit the bracha. The principle of safek brachot l’hakel, we omit a bracha in case of doubt, is a frequent theme in the rulings of Sephardic poskim. Accordingly, Rav David and Rav Yosef rule that a Sephardic Jew must omit Birkot HaTorah in case of doubt.

Ashkenazic Poskim

The Hayei Adam (9:8) follows the Sha’agat Aryeh. Thus, an Ashkenazic Jew should repeat the bracha of Asher Bahar Banu in case of doubt. However, the Mishna Berura (47:1) is concerned about the Hida and recommends working around the issue.

The Mishna Berura notes that one fulfills the obligation of Birkot HaTorah by saying the bracha of Ahava Rabba/Ahavat Olam (the blessing preceding Kri’at Shema in which we ask Hashem for success in our Torah learning and observance). He also notes that many opinions rule that to be effective, one must study some Torah after the conclusion of Shaharit for this bracha to substitute for Birkot HaTorah.

Therefore, the Mishna Berura recommends that if one becomes aware of his safek concerning Birkot HaTorah before Shaharit, he should bear in mind that Ahava Rabba/Ahavat Olam should count for his Birkot HaTorah. He should also study a bit of Torah immediately after Shaharit’s conclusion. But, on the other hand, suppose he realizes his doubt about Birkot HaTorah only later in the day. In that case, he should rely on the opinions that he has fulfilled the obligation of Birkot HaTorah with Ahava Rabba/Ahavat Olam even though he did not study Torah after tefilla.

Alternatively, the person in doubt should ask someone who has not yet recited Birkot HaTorah to bear him in mind and “be motzi” him with his recital of these brachot. The Aruch HaShulhan (Orah Haim 47:6) cleverly advises that the person in doubt should be given an aliya on a Torah reading day. The oleh recites the bracha of Asher Bahar Banu, thereby fulfilling his personal Birkot HaTorah obligation as well.

Conclusion

Since our student questioner is Ashkenazic and he posed the question before Shaharit (and it was not a Torah reading day), Rav Mandelstam and I counseled him to follow the Mishna Berura and fulfill his obligation with Ahava Rabba.

Birkot HaTorah are of paramount importance. The Gemara (Nedarim 81a) goes as far as to say that Hashem destroyed the first Beit HaMikdash due to our failure to recite Birkot HaTorah. Therefore, we must exercise great care to recite Birkot HaTorah, especially since many Rishonim believe it is a Torah obligation, but without risking reciting an unnecessary bracha.

Ashreinu that we are blessed with talmidim who care deeply about Torah and pose questions as to how to best fulfill our precious and joyous Torah!

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.