The Halakha vs the Minhagim of Birkhath HaShahar.

According to my teacher, Rabbi Gershon Yosef Shalom Katton shlt'a, in the morning before rising up, one should take time to contemplate before whom they will stand. Therefore, one should not rush into prayer, instead be mindful of the Shewiti before opening his eyes. Upon waking up and before rising one should recite the Elohai Neshamah (BT Mas. Berakhoth 60b), and afterwards they should be mindful of their obligation to prepare and give blessings of gratitude to The Most High. Now the general most popular custom upon waking is to recite one of the most essential prayers in modern Judaism is called the Modeh Ani (I Offer Thanks). It is a requirement made by many Jewish communities to say this when waking up before rising out of bed. While it is a beautiful prayer, the Modeh Ani, does not appear in any the works of RaMBaM, Shulhan Aruh and nor is it mentioned in the works of the HaZaL (the sages/Shoftim of Israel ie. the Talmud). Therefore, for the WAJD, the Modeh Ani it is not obligatory. Another prominent custom is to wash ones hands immediately upon awakening in the morning, before invoking G-ds name. Outside of the requirement to eliminate the ruah tuma (spirit of impurity), of which we shall discuss later; this modern practice of washing hands immediately upon wakening, developed mostly as a result of the Zohar (a Kabbalistic work), which teaches that one should not walk

approximately 6-8 feet in the morning before washing, and warns that if one does, they could be guilty tantamount of death. Many communities took this ruling literally. However, this ruling like any other, could only apply within the confines or context of the halakhic (Talmudic) rulings, given above. all the matters mentioned by the Bavli Talmud are incumbent upon all Israel to follow. We must compel each and every city and each country to accept all the customs that were put into practice by the Sages of the Talmud, to pass decrees paralleling their decrees, and to observe their ordinances, since all the matters in the Bavli Talmud were accepted by all Israel. RaMBaM MT Hakdamah, 34 RYosef Karo (the author of the Shulkhan Arukh) understood this, when he wrote in his work The Beth Yosef saying, Mahar shelo nizkar zeh Talmud bhedia lo shivaki-nan divrei Zohar mipnei divrei HaPoskim. (Any law not explicitly stated in the Talmud is to be observed in accordance to the rulings of the Kabbalah, even if all the Poskim disagree with what the Kabbalah says.) Beth Yosef, Orah Hayyim 141Others like the Ben Ish Hai & the Hida also understood that the Zoharic ruling was not to be taken literally. Both agree that one could walk more than 6-8 feet, but for the sake of quelling confusions, they stated that one should pause every 6-8 feet and continue until one gains access to water (or a restroom). Hidas (Birkeh Yosef) and Ben Ish Hais (Halakhoth, Parashath Toledoth,7). This of course means that any explicit rulings from the Talmud is to be adhered to, while any other rulings not explicitly found in Talmud, but given by the Zohar, takes precedence over the opinions of others. So in context, the Talmudic rulings take precedence over the Zohar. In proper context, the Zohar decree

meant, anyone who doesnt wash immediately at the appropriate time (based on the Talmudic rulings), ie meaning after the prayers such as Elohai Neshamah or other preliminary blessings of gratitude (Birkhath HaShahar), is in danger if they dont prepare for prayer by washing. For it was explicitly taught in the Talmud, When he (a person) wakes he says: My God, the soul (Elohai Neshamah). With this in mind, the obligation of washing is put into a better context and according to the HaZaL in this circumstance, it is ok to invoke G-ds name for this type of berakha before washing. I shall explain. In the Talmud it is also explicitly taught that the prayers known as the Birkath HaShahar (the morning prayers that follow directly after Elohai Neshamah are prayers of gratitudes, which were designed for Israel to give thanks to G-d for a number of actions that that takes place in the morning, including those of washing. BT Mas. Berakhoth 60b. In fact, The Talmud names the sequences of action that each blessing is said (which invokes G-ds Name) before washing occurs, and these include blessings said upon: awakening from sleep, rubbing your eyes, hearing a rooster crow, sitting up in bed, placing your feet on the floor, standing up, before entering the restroom, after relieving yourself, putting on clothes, putting on your belt, and putting on your kippah/turban. Which brings us to the issue of, ruah tuma (spirit of impurity). If one has the urge to relieve themselves after awaking from slumber and cant wait until after reciting Elohai Neshamah, they may do so, and afterwards must wash their hands saying the Nelitat Yadayim, recite the

blessing Asher Yassar Elohai Neshamah.

then

afterwards

recite

If one slept completely naked or engaged in marital relations the night before, then one should delay saying the Elohai Neshamah, proceed to wash their feet, hands and face and then immediately say the Elohai Neshamah. This is because the injunction regarding the ruah tuma is specifically mentioned in the Torah (doretha) Devarim/Deut 23,10&14 and Talmud (drabbanan) regarding this issue. Additionally, the Zohar explains, that there are spirits of impurity attach to a person from these actions, but more importantly, the Torah explains that we must be holy and as it is written, hikon likrath Elohekha, Yisrael (Israel, prepare to call upon your G-d). Amos 4,12 Now many have argued that the Talmud doesnt specifically teach which prayers are necessary for the protocols of mandatory washing. In cases where there is a safek, we are commanded to go to our fathers (oldest known traditions) Devarim/Deut 32,7 or follow the lenient ruling of the poskim, and in our case, its a win, win situation. We have written older traditions by the Geonim that teach that the Talmudic decree of washing is mandatory regarding the prayers of Kriath Shema and the Amidah. RaMBaM MT Hikhoth Tefillah 4,3 The preparations for prayer includes these: 1. Thikun Haguf ( body) 2. Thikun HaMalbush ( one's clothing) 3. Thikun HaMakom ( suitable location) 4. Nokah HaMikdash ( Temple) = preparation of the = preparation of = finding a = facing the

5. Amidah ( = standing) 6. Hashwayath haKol (= lowering one's voice) 7. HaKri'ah (= bending onto one's knees) 8. Yoshev La'aras (= sitting onto one's own legs) 9. Kidah, al apayyim ( , = bowing on to one's face) 10. Hahishtahwaya (= the prostration) I hope this post has answered many of your questions regarding the halakha behind our approach to the Birkhath HaShahar vs other communities. All questions regarding this subject are welcome. Shalom. As what was taught, one must wash his face, hands, and feet daily in his Maker's honor, for it is said, The Lord hath made every thing for his own purpose. BT Mas. Shabbath 50b RaMBaM also taught saying, Aval bashaharith, rohes panaiw, yadaiw, wrajlaiw, wahar kakh yithpalal (For the Morning Prayer, one should wash his face, hands, and feet, and only afterwards, may he pray). MT Hilkhoth Tefillah 4,3 In preparation of the Amidah.

Following, one should meditate on their obligations to their Creator and prepare to pray by washing in this order. BT Mas. Shabbath 50 1. Their feet... 2. Their hands 3. Their face (Mouth and then eyes) Washing Ones Hands Immediately Upon Awakening in the Morning Halacha requires washing ones hands upon awakening in the morning. One of the reasons given for this

requirement is the need to eliminate the Ruah Tuma (spirit of impurity) that descends upon ones hands as he sleeps. The Zohar emphasizes the importance of washing ones hands immediately upon awakening, so as not to allow the Ruah Tuma to remain on his hands. Specifically, the Zohar writes that one should not walk four Amot approximately 6-8 feet in the morning before washing, and warns that one could be liable to death, on one level or another, if he waits longer than this duration to wash in the morning. There is one view among the authorities (the Elya Rabba, cited approvingly by the Shebut Yaakob) that the Zohar refers to walking four Amot outside ones home. According to this view, the entire home is considered a single entity, and it is only outside the home that the Zohar forbids walking without washing. Others, however, disagree. The Hida (Rav Haim Yosef David Azulai, 1724-1806), in his work Birkeh Yosef, writes that even within the home, one should not walk more than four Amot all at once in the morning before washing. In his view, if the water is more than four Amot away from ones bed, then he should walk in small installments of less than four Amot. Meaning, one should walk several feet, stop for a moment, and then continue for another several feet, and so on, until he reaches the water. The Shaareh Teshuba (commentary to the Orah Haim section of the Shulhan Aruch by Rav Haim Mordechai Margoliyot, Poland, 18th century), in Siman 1, disagrees with this ruling, claiming that one should not prolong the presence of the Ruah Tuma on his hands. However, several other authorities agreed with the Hidas ruling, including Rav Haim Palachi (Izmir, Turkey, 1788-1869) and the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), in Parashat Toledot (7). Therefore, one may walk in stall installments, in the manner described, until he reaches the sink to wash his hands in the morning.

Summary: One should wash his hands immediately upon awakening in the morning, and should not walk more than four Amot (6-8) feet without stopping before washing. One should therefore walk several feet, stop for a moment, walk several feet, and so on, until he reaches the sink to wash his hands. A Short History of Jewish Handwashing

In honor of Global handwashing day, I thought Id post a short summary about the history of Jewsh Handwashing, which starts at Sinai and winds all the way to the present. In reality there is a lot more than just this. I could make a dissertation about it. This is based on a letter I wrote to a colleague who asked me about it.
Ready for a wild ride? Biblically, the first direct mention of Washing of the hands is in Exodus 30:18-21, which instructs to make a handwashing station and to use it, with an interesting reason: 17. And the Lord spoke to Moses, saying, 18. You shall also make a basin of bronze, and its pedestal also of bronze, to wash with; and you shall put it between the Tent of Meeting and the altar, and you shall put water in it. 19. For Aaron and his sons shall wash there their hands and their feet; 20. When they go into the Tent of Meeting, they shall wash with water, that they die not; or when they come near to the altar to minister, to burn offering made by fire to the Lord; 21. So they shall wash their hands and their feet, that they die not; and it shall be a statute forever to them,

to him and generations.

to

his

seed

throughout

their

Here God is clear: Wash your hands or face the possibility of death. Can't get better than that. Supposedly it was one of the sins that caused Aarons sons to die in Leviticus 10. Let me point out something most who havent read all of Leviticus or Exodus wouldn't know: The burnt offering in many, but not all, cases had some parts that were roasted on the fire then eaten by the priest making the offering. In short the priest was cooking, and was required to wash his hands prior to food preparation. Solomon By the way went wild in his hand sink system for the Temple in Jerusalem in I Kings 7. It included, if I did the math correctly the "sea" (i.e. water retention system) that could hold somewhere around 1700 gallons of water. And there were ten water basins, presumably the handsinks filled by the "sea". Today a similar device, though much smaller, is used to dispense wine on the Sabbath in some Orthodox homes.

Leviticus 15:11 mentions handwashing in terms of contamination with a person who has a "discharge" which many modern scholars believe to be Gonorrhea: 11. And whoever he, who has the discharge, touches, and has not rinsed his hands in water, he shall wash his clothes, and bathe himself in water, and be unclean until the evening.

Biblically at least innocence is often associated with the washing of the hands as in Deuteronomy 21:6-7 for the ritual of the case of an unsolved murder. The prophetic literature (e.g. Isaiah 1:1516) and psalms follow suit but even more metaphorically.For example Ps. 26:6 I wash my hands in innocency; so will I go around your altar, O Lord! Im not sure since thats out of my jurisdiction, but Pilates comment might be based on this concept. After the destruction of the temple nineteen hundred and twenty three years ago, there was a change. Since there were no more sacrifices, then the Temple practices were transferred to some other place, in this case the dinner table. Since the Bible said the priest was to wash the hand prior to sacrifice, when the temples sanctity was transferred to a mans dining room table here too he washed his hands before blessing anything and then eating. The Talmudic Rabbis did a lot with handwashing, even writing a whole tractate of the early part of the Talmud called Yadayim (in translation hands) all about handwashing, how to do it, what was considered clean water to perform the procedure etc. Hand washing as A phrase occurs 345 times in the Talmud (approx 70-500 CE) so its importance was paramount. There is even a case where a man was excommunicated for doubting the sanctity of handwashing [Ber 19a]

I could give you all 300 some cases, but Im not Heres a few choice ones note the prevention of the fecal oral route in the first one, which is a sequence of things to do when one gets up in the morning: R. Johanan also said: If one desires to accept upon himself the yoke of the kingdom of heaven in the most complete manner , he should consult nature then wash his hands then put on tefillin then recite the Shema and say the tefillah:(i.e. the morning prayers) this is the complete acknowledgment of the kingdom of heaven. R. Hiyya b. Abba said in the name of R. Johanan: If one consults nature and washes his hands and puts on tefillin and recites the Shema and says the tefillah, Scripture accounts it to him as if he had built an altar and offered a sacrifice upon it, as it is written, I will wash my hands in innocency and I will compass Thine altar, O Lord.[Ber 14b]

Our Rabbis taught: R. Akiba was once confined in a prison-house [By the Romans] and R. Joshua the grits-maker was attending on him. Every day, a certain quantity of water was brought in to him. On one occasion he was met by the prison keeper who said to him, Your water to-day is rather much; do you perhaps require it for undermining the prison? He poured out a half of it and handed to him the other half. When he came to R. Akiba the latter said to him, Joshua, do you not know that I am an old man and my life depends on yours? When the latter told him all that had happened [R. Akiba] said to him, Give me some water to wash my hands.

It will not suffice for drinking, the other complained, will it suffice for washing your hands? What can I do, the former replied: when for [neglecting] the words of the Rabbis one deserves death? It is better that I myself should die than that I should transgress against the opinion of my colleagues. It was related that he tasted nothing until the other had brought him water wherewith to wash his hands. [Eiruvin 21b]

There was also some demon superstition associated with handwashing: The genius [i.e. Spirit/Angel] appointed over sustenance is called Neki'ah [Cleanliness]; the genius appointed over poverty is called Nabal [Folly or Filth] . Dirt on the spout of a pitcher leads to poverty. He who drinks water out of a plate is liable to a cataract. He who eats cress without [first] washing his hands will suffer fear thirty days. He who lets blood without washing his hands will be afraid seven days. He who trims his hair and does not wash his hands will be afraid three days. He who pares his nails and does not wash his hands will be afraid one day without knowing what affrights him. [Pes 111b-112a]

R. Judah the son of R. Hiyya said: Why did [the Rabbis] say that it was a bounden duty to wash the hands after the meal? Because of a certain salt of Sodom which makes the eyes blind.2 Said Abaye. One grain of this is found in a kor of ordinary salt.[Hullin 105b] Suffice it to say that handwashing was a critical

part of Jewish practice. One story tells of a Jewish innkeeper during Roman times who kept himself hidden from the Romans. He identified Jews by who washed their hands. If someone washed their hands he served Kosher lamb or beef. Anyone who didnt he served pork. Be aware ritual hand washing was not completely sanitary and didnt make sense from a public health standpoint all the time though. There is always the shared pitcher shown on the right in the photo. Even today the ritual does not require soap, as can be seen missing in this hand sink in the Tel Aviv Sheraton. Anyone feeding someone else does not have to wash their hands for example, which has led to several cases among the Satmar sect of Hasidim in New York State having outbreaks of shigellosis.

I havent researched the period of the inquisition, but it would not surprise me if this was a way to identify non Christians who would the only ones so obsessed with handwashing due to its spiritual nature. I dont know a lot about Islam but I do know that the Koran (5:6) as well had requirements for Muslims, with a requirement almost identical in language to Ber 14b in the Talmud of washing up before prayer, though in their case any prayer. Those who washed their hands were most likely observing other religious practices: Jews and Muslims. I dont know about handwashing practices of Christian or orders like the Jesuits who the Inquisition picked on as well. Hope thats enough to keep you busy. If you have any other questions, let me know.