Halachic Issues for One Who Stays Awake the Entire Night

Many people have the tradition of spending the entire night of Shavuot studying Torah. Staying awake the entire night presents a number of halachic questions. In this issue, we will present an overview of some of these discussions.

Birchot HaTorah

There is a dispute among the Rishonim regarding when one is required to recite a new set of Birchot HaTorah. Rabbeinu Tam (c. 1100-1171, cited in Tosafot, Berachot 11b, s.v. SheK'var) writes that a new set of berachot is required each morning. Therefore, even if one wakes up before dawn to study Torah, he is not required to recite Birchot HaTorah until the morning. Rabbeinu Asher (c.1250-1328), Berachot 1:13, writes that one is required to recite a new set of Birchot HaTorah when one sleeps on a bed for a significant amount of time (sheinat keva al mitato), even if it during the daytime. Rabbeinu Asher, in his responsa (4:1), adds that if one stays awake the entire night, he is not required to recite a new set of Birchot HaTorah in the morning.

R. Yosef Karo (1488-1575), Shulchan Aruch, Orach Chaim 47:11-12, cites a dispute as to whether someone who sleeps during the day (on his bed for a significant amount of time) should recite a new set of Birchot HaTorah when he arises. He writes that common practice is to refrain from reciting another set of berachot. Shulchan Aruch also implies that one who stays awake the entire night does not recite a new set of Birchot HaTorah in the morning.

R. Avraham Gombiner (c.1633-1683), Magen Avraham 47:12, questions Shulchan Aruch's ruling. If in fact it is common practice to refrain from reciting new berachot if one sleeps during the day, one must conclude that the accepted position is Rabbeinu Tam's position that sleep does not generate a requirement for a new set of Birchot HaTorah. If so, one who is awake the entire night should recite a new set of berachot in the morning. Why then, does Shulchan Aruch imply that one who stays awake the entire night does not recite Birchot HaTorah in the morning? Based on this question, Magen Avraham rules that one who stays awake the entire night should recite a new set of berachot in the morning.

R. Akiva Eger (1761-1837), Glosses to Shulchan Aruch ad loc., defends the position of Shulchan Aruch. In reality, we follow the opinion of Rabbeinu Asher that sleep is what generates an obligation to recite a new set of berachot. The reason why common practice is to refrain from reciting a new set of berachot when one sleeps during the day is that we are partially concerned for the opinion of Rabbeinu Tam. Since Rabbeinu Tam does not require a new set of berachot when one sleeps during the day, we employ the principle of safek berachot l'hakel (on matters of doubt concerning berachot, one should not recite a beracha) and refrain from reciting a beracha. Therefore, Shulchan Aruch's opinion is consistent and if one is awake the entire night, he may not recite Birchot HaTorah in the morning.

R. Eger notes that based on his analysis, there is one situation where one can recite Birchot HaTorah after staying awake the entire night. If one slept in a bed during the day for a significant amount of time and then stayed awake the entire night, he will be obligated to recite Birchot HaTorah in the morning according to both opinions. According to Rabbeinu Asher, his sleep during the day generates an obligation to recite a new berachot. From a practical perspective, he will not recite those berachot until the next day because we are concerned for Rabbeinu Tam's opinion. However, the next morning, he may recite the berachot, even if he didn't sleep at night because once the morning arrives, Rabbeinu Tam agrees that new berachot are required.

Birchot HaShachar

The Birchot HaShachar (morning blessings) are berachot that praise G-d for events that take place in the morning. Two of these berachot directly praise G-d for waking us up (HaMa'avir Sheina Mai'ainai) and restoring our souls (Elokai, Neshama Shenatata Bi). Is it appropriate to recite those berachot when one was awake the entire night?

There is a general dispute regarding whether one may recite Birchot HaShachar on an event that he didn't personally experience. For example, may one recite the beracha of HaNoten LaSechvi Vinah (He who gives knowledge to the rooster) if one does not hear a rooster? Rambam (1135-1204), Hilchot Tefillah 7:9, seems to be of the opinion that one should not recite a beracha in that situation. Rabbeinu Nissim (c. 1320-1380), Pesachim 4a, s.v. U'Mihu B'Yerushalmi, writes that one may recite the beracha even if he does not hear a rooster because the berachot are not recited on one's own experience, but rather on the way of the world (minhago shel olam). Shulchan Aruch, Orach Chaim 46:8, follows the opinion of Rambam. Rama ad loc., rules in accordance with the opinion of Rabbeinu Nissim.

R. Eliyah Shapira (1660-1712), Eliyah Rabbah 46:12, writes that if one was awake the entire night, he should not recite the berachot of HaMa'avir Sheina Mai'ainai and Elokai, Neshama Shenatata Bi. This ruling seems to apply even according to Rama's opinion that one may recite berachot on events that one did not personally experience. R. Yosef Teomim (c. 1727-1792), P'ri Megadim, E.A. 46:2, posits that the reason for R. Shapira's ruling is that those two berachot specifically reference one's personal experience ("you remove the sleep from my eyes"; "the soul that you gave me"). However, he notes that according to this logic, one must also omit the beracha one recites upon donning shoes (she'asah li kol tzorki, you have provided me with all of my needs), if one has not donned shoes. Yet, R. Yosef Karo, Beit Yosef, Orach Chaim no. 613, in discussing whether one should recite the beracha on Yom Kippur (when there is a prohibition against wearing leather shoes), states that it is contingent on the dispute between Rambam and Rabbeinu Nissim. He does not consider the reference to a personal experience as a factor. Mishna Berurah, 46:24, seems to rule (based on the comments of Sha'arei Teshuva 46:12) that in order to fulfill all opinions, one who did not sleep at least one half hour at night should listen to those two berachot from someone who did.

Netillat Yadayim

There is a dispute among the Rishonim regarding the requirement to wash one's hand in the morning. Rabbeinu Asher, Berachot 9:23, is of the opinion that one is required to wash one's hands before every prayer because by default, they are dirty. R. Shlomo ben Aderet (1235-1310), Teshuvot HaRashba 1:191, is of the opinion that the requirement to wash one's hands in the morning is based on the fact that when one arises, he is considered like a new individual (beriyah chadasha).

R. Yosef Karo, Beit Yosef, Orach Chaim no. 4, discusses whether one who stays up the entire night should perform netillat yadayim and recite a beracha. He notes that according to Rabbeinu Asher, one may only recite a beracha if one's hands are dirty or if one used the restroom prior to praying. According to Rashba, unless one slept at some point during the night, one can question whether there is an obligation to wash one's hands. R. Karo, Shulchan Aruch, Orach Chaim 4:13, rules that regarding one who is awake the entire night, there is a doubt whether he is obligated to wash his hands. Rama, ad loc., rules that one should wash one's hands without a beracha. Mishna Berurah 4:30, writes that the consensus of the Acharonim is that if one uses the restroom prior to the morning prayers, he may recite a beracha upon washing his hands. Mishna Berurah, Bei'ur Halacha 4:13, s.v. V'Yitlem, explains that since it is not clear what position Rashba would take on the matter and one certainly recites a beracha according to Rabbeinu Asher, one may recite a beracha.

Tzitzit

In a previous issue, we discussed whether the mitzvah of tzitzit can be fulfilled at night. If the mitzvah can be fulfilled, there is no requirement to recite a new beracha in the morning if one wore his tallit katan the entire night. If there is no mitzvah at night, one is obligated to recite a new beracha in the morning. Since this is a matter of doubt, one can solve this problem by listening to the beracha from someone who is donning a tallit gadol or by changing one's tallit katan during the day.