Siman 4

In Berakhot (60b), among the morning blessings when one rises from his bed, the blessing "al netilat yadayim" is also counted. For it says there: When he washes his hands he should say: "Blessed... who has sanctified us... regarding the washing of hands." And so it is in the Rambam, the seventh chapter of the Laws of Prayer, and in the Tur and Shulchan Aruch, siman 47. And the nature of this blessing has not been explained. We find in the Gemara two matters regarding washing in the morning: one in Shabbat (109b), which says that an evil spirit rests upon the hands in the morning before washing, and one must not touch the mouth, the ear, or the eyes before washing. And this evil spirit does not depart until he washes his hands three times, by pouring water over his hands three times (Rashi). If so, it can be said that this blessing is regarding this matter. Furthermore, we find in Berakhot (14a) that for the recitation of Shema and for prayer one requires the washing of hands, as it is written: "I will wash my hands in purity, and I will encompass Your altar, O Hashem." And if he has no water—he cleanses with dust or with anything that cleanses, and it will be explained in siman 92. If so, it can be said that this blessing is on account of the morning prayer.

And from the words of the Rambam there is no definitive proof, for in the seventh chapter of Tefillah he counted it among the morning blessings, and in the fourth chapter of Tefillah he wrote that the purity of the hands is a prerequisite for prayer. This is his wording: How is the purity of the hands? He washes in water up to the joint and afterwards prays… and if he did not have water… he wipes his hands with a pebble or with dust… In what case are these things said? Regarding other prayers besides Shacharit. But for Shacharit, he washes his face, his hands, and his feet, and afterwards he shall pray. Thus far his words. And in the sixth chapter of Berakhot he wrote: Anyone who washes his hands, whether for eating, whether for the recitation of Shema, or whether for prayer, recites the blessing: "Who has sanctified us with His commandments and commanded us regarding the washing of the hands." For this is a commandment of the sages that we were commanded from the Torah to listen to them… see there, for he equated all the laws of washing hands for eating to the washing of hands for prayer in all the details. And if so, that which he counted it among the morning blessings—it is not clarified if it is the same one for prayer, or if it is another one because of the evil spirit. And it appears more likely that it is for prayer, for behold, he did not mention at all that one needs three times, and he did not mention this matter of the evil spirit at all. And so it appears, for behold, he mentioned there also the washing of the face, see there. And according to him, in Shacharit this is a prerequisite for prayer as I have written.

From the Tur it is explained that it refers to both of them. This is the wording of the Tur: And he shall wash his hands in cleanliness and recite the blessing: "Blessed are You, Hashem, our God, King of the universe, Who has sanctified us with His commandments and commanded us concerning the washing of hands." And he should be meticulous to pour upon them three times, because an evil spirit rests upon the hands prior to washing, and it does not depart until he pours upon them three times. Therefore, one must refrain from touching with his hand prior to washing the mouth, the nose, the ears, and the eyes, because an evil spirit rests upon them. And if he has no water – he should wipe his hands with a pebble or with anything that cleanses, and recite the blessing "concerning the cleanliness of hands." Thus far his words. Behold, it is explicitly explained that this blessing is for the evil spirit and also for prayer. For it is impossible to say it is for the evil spirit alone, for if so, what benefit is there in wiping his hands with a pebble? Rather, certainly this is what he means: that if he has no water, for which there is currently no remedy for the evil spirit, nevertheless for prayer it can be effective through cleansing with a pebble. However, he should not recite the blessing "concerning the washing of hands" because there is no washing here, but rather "concerning the cleanliness of hands." And according to this, it appears in my humble opinion clear that according to the Tur this blessing refers to both of them: to the evil spirit and to the prayer.

However, the Rosh in the chapter "HaRoeh" (siman 23) explained that it is only for prayer, and this is his wording: When he washes his hands – he recites the blessing "al netilat yadayim." Since the hands of a person are busy, and it is impossible that he did not touch… at night, they instituted a blessing before he recites the Shema and prays… Thus far his words. Behold, he explained explicitly that this blessing is only because of prayer. And one must say regarding his reasoning: that he holds that because of an evil spirit they do not institute a blessing, since this is because of danger – a blessing is not relevant to this. Just as they did not institute a blessing for mayim acharonim for this reason, because it is because of danger, as the Rambam wrote in the sixth chapter of Berakhot, see there. And the Rosh further added to say that by law one should have recited the blessing "al nekiyut yadayim," but since for a meal one requires netilah – they established here as well the blessing "al netilat yadayim." Therefore, when he does not have water, and wipes with a stone – he recites the blessing "al nekiyut yadayim," see there.

And I have seen great ones who maintained that according to the opinion of the Rosh, it is necessary to join this blessing specifically to the prayer, since it was instituted because of prayer. In my humble opinion, it is proven from the Rosh himself that this is not so, for he wrote in a responsum, Principle 4, and the Tur brought it below at the end of siman 47, and this is his wording: One who rises early to study before the break of dawn—he should bless "al netilat yadayim" and "asher yatzar"... Thus far his words. And behold, it is not yet the time of prayer and he sits to study, and despite all this, he blesses "al netilat yadayim"! Rather, it is certain that the institution of the blessing was because of prayer, but they instituted that he should bless it immediately upon rising from his bed. And so it is proven from the Rambam and from the Gemara, that they instituted it among the morning blessings. And such is the primary ruling. (And see Chayei Adam Principle 7, and in Ma'aseh Rav. And in my humble opinion, it appears as I have written.)

And also the Rashba in a responsum (siman 191) wrote that the blessing is on account of prayer, but he explained it in other ways. This is his wording: I have not found a clear matter that one must wash his hands in the morning, for if it is because of the shivta and bat chorin—washing is sufficient (and it requires further study), and if it is because of prayer, either washing or cleaning with dust is sufficient… rather there is a bit of a proof… and we say: One who washes his hands and recites Kriyat Shema…—it implies somewhat that one must wash his hands with a vessel. And if you ask how the morning prayer is different from Mincha and Arvit, one can say because in the morning we are made like a new creation, as it is written: "They are new every morning…". Therefore we must sanctify ourselves with His sanctity, and wash our hands from a vessel like a kohen who sanctifies his hands from the kiyor… Thus far his words. However, he also holds that the washing is for prayer. But the Rosh says the reason is because the hands are not clean, and the Rashba says because of a new creation. (And it appears in my humble opinion that regarding the law they do not disagree at all: for what does it matter to me if they instituted it because of this or because of that? Ultimately, since they instituted it—they instituted it. And for both of them it is like the washing of hands for eating as the Rambam compared them, as I have written. And the great poskim made a dispute between them as will be explained, and in my opinion it is not so. And so it is implied from the Bach, see there. And be precise and you will find it simple.)

And in the Zohar "Vayeshev" it is explained that according to the reason of an evil spirit—one requires washing according to the law of all washing of hands, and specifically with a vessel. This is his wording: Rabbi Shimon opened: "I will wash my palms in purity..."—for there is no man in the world who does not taste the taste of death at night, and an impure spirit rests upon that body... and it has been stated that the filth remains on the hands of a person... until he washes them. And when he washes them properly—behold he is sanctified... he requires one vessel below and one vessel above... Thus far his words. And there are more passages regarding this (see Beit Yosef). Therefore, according to this, for all reasons the obligation to wash the hands in the morning is specifically with a vessel. (And the Rashba in a responsum there wrote that it is sufficient for him to dip his hands in a vessel. And the Beit Yosef rejected this based on the words of the Zohar, see there.)

Our teachers, the authors of the Shulchan Aruch, wrote in section 1: Water that is disqualified for the washing of hands for a meal later in siman 160 – is valid for the washing of hands for prayer. However, there is one who says that one does not recite a blessing over them. Thus far his words. The explanation of their words: For in siman 160 it is explained that water whose appearance has changed, or through which work was performed, or which is salty, or foul-smelling, such that a dog cannot drink from it – is disqualified for the washing of hands for eating. But for prayer – it is valid, for here one requires only general cleanliness. However, there is one who says that one does not recite a blessing over them, since it was not instituted in such a manner (so it is in the source of the law in the Beit Yosef in the name of the Ra'ah).

And I wonder greatly at these words, for what relevance is there to say that they are valid for prayer? For certainly the essence of the enactment was that this washing should be exactly equal to the washing for a meal, as the Rambam wrote in the sixth chapter of Berakhot which we brought. And so too the Rosh wrote that they enacted the blessing just as in the washing of hands for eating. And also the Rashba in that response equated it to eating, as he wrote there: And he rinses his hands in a vessel whether in the morning or at the time of eating... Thus far his words. And they only said in the Gemara that where there is no water one does not cancel the prayer for this, and he should clean with a pebble or with another thing. And indeed in such a case the Rosh wrote that he does not bless "on the washing of hands" but rather "on the cleanliness of hands," and there are those who disagree on this as will be explained. But if he can obtain water valid for eating—he is obligated to obtain it. And if it is impossible to obtain—even a pebble is valid. But what relevance is there to say that they are valid for prayer? And certainly they are not valid ab initio unless he has none. And also that which they wrote that he does not bless over them, I wonder: shall we bless "on the cleanliness of hands"? And how is it inferior to a pebble? And in my humble opinion, the primary law appears to be that he must obtain water that is completely valid for eating. And if it is impossible—he fulfills his obligation with whatever they are. And according to the opinion of the Rosh he should bless "on the cleanliness of hands," and according to those who disagree he should bless "on the washing of hands." (The source of the law is from the Ra'ah, as the Beit Yosef wrote. And his words are not understood: for he began by saying that it is effective even ab initio, and concludes that he should not bless, see there. And if so, how is it effective ab initio? Behold they enacted to bless, and he does not bless? And it requires further study. And look closely and you will find it easy.)

And in section 6 they wrote: One does not need a revi'it for netilat yadayim for prayer. And in section 7 they wrote: It is good to be meticulous regarding netilat yadayim in the morning in all matters that are indispensable for netilat yadayim for a meal. However, neither a vessel, nor human force, nor the other matters that disqualify for the netila of a meal are indispensable. Thus far their words, and these matters are also puzzling in my eyes: For behold, the Rambam completely equated this netila to the netilat yadayim of a meal, and we have not seen anyone who disagrees with him. And also the Rosh there wrote explicitly: Since one must wash from a vessel, they therefore also instituted the blessing "al netilat yadayim." Thus far his words. And so the Rashba wrote explicitly that one must wash his hands in the morning with a vessel, see there. And that which he validated by rinsing inside the vessel—this is because he holds accordingly even regarding a meal, and this is his wording: And he rinses his hands inside the vessel whether in the morning or at the time of eating, see there. And more will be explained regarding this. And only the Ran in the chapter "Kol HaBasar" wrote that one does not need a vessel. And so the Mordechai in the chapter "Elu Devarim" wrote that they did not institute an antel for this netila, see there. But the Rambam and the Rashba and the Rosh compared it to all the laws of netilat yadayim for a meal, and from where do we have it to say that it does not require a revi'it? And what is the relevance of "not indispensable," for if he does not have it, it is simple that even a pebble is effective, and if he has it, it is certainly indispensable? And it requires further study. (And particularly since the Zohar ruled explicitly so, as I have written.)

And in section 12, our teacher, the Beit Yosef, wrote: If one dipped his hands into a vessel of water—the washing is effective for him for the recitation of Shema and for prayer, but not for the evil spirit that is upon them. And if he dipped his hands in three changed waters—it is a matter of doubt whether it is effective for him to remove the evil spirit that is upon them. Thus far his words. And regarding this too I wonder: for while it is true that the Rashba ruled accordingly, he holds that even for a meal it is effective in such a case, as we brought his words in the previous section. But for us, as we maintain in siman 159 that for a meal it is invalid in such a case—certainly for the morning it is also so, unless he does not have a vessel, as we explained that they are equal. And also regarding that which he is in doubt concerning three changed waters, whether it is effective regarding the matter of the evil spirit—I wonder: since according to the Zohar it is not effective, as he wrote in his great work, why did he not decide so? And it requires great study. (And a river is like three waters; Magen Avraham subsection 10.)

They further wrote in section 13: If one was awake the entire night, there is a doubt whether he must wash his hands in the morning for prayer and to remove the evil spirit from his hands. And he should wash them without a blessing. Thus far his words. And the reason for the doubt is that according to the Rosh, the enactment was because his hands are not clean, and when awake the entire night, they are indeed clean. And also according to the reason of the Rashba because of being a "new creation" – this is when he was sleeping and deposited his soul into the hand of the Holy One, Blessed be He, which is not the case when awake the entire night (Beit Yosef). And some say that he certainly must recite the blessing, for since the Rabbis enacted it – they did not further distinguish, and it became a fixed enactment (Bach). And there is one who wrote that only according to the Rosh can one say so, because he holds that even for Mincha one must wash his hands, but not according to the Rashba (Magen Avraham subsection 12). And I do not know what this matter has to do with that, and on the contrary, our teacher, the Beit Yosef, in his great work wrote that according to the Rashba it is more appropriate to say they did not distinguish than according to the Rosh, see there (and so wrote the Taz subsection 9). And so it seems primary to recite the blessing when awake the entire night. Yet there are some of the great ones who wrote not to recite the blessing, like the ruling of our teacher, the Rema. (And I wonder: since the Magen Avraham agreed that according to the Rosh one should recite the blessing like the Bach, and according to the Rashba it was clarified that they did not distinguish, why should they not recite the blessing? And it is obvious according to the Rema who ruled later in siman 46 that one recites all the morning blessings even when he did not become obligated in them, see there. Examine and you will find it simple.)

They further wrote in section 14: If one rose before the break of dawn and washed his hands—there is a doubt whether he must wash his hands another time when the day brightens, to remove the evil spirit that rests upon the hands. And he should wash them without a blessing. Thus far his words. And the doubt is that perhaps before the light of day, the evil spirit returns and rests. And so it is implied in the Zohar (Beit Yosef), and even if he slept before the light of day—he washes without a blessing. And for prayer, certainly we do not require a blessing once more according to the reasoning of the Rashba (Magen Avraham, subsection 13). And likewise, regarding one who sleeps during the day, there is a doubt whether he must pour over them three times, because there is a doubt whether the night causes it or sleep causes it. And specifically when he sleeps sixty breaths. Therefore, he should wash them three times and without a blessing.

Therefore, one who rises from his bed, whether the day has dawned or before the light of day, and washed his hands – blesses "al netilat yadayim." However, he should not bless "asher yatzar" if he has not yet relieved himself. And some say that even if he has not relieved himself he should bless "asher yatzar," and the reason is because before washing – it is forbidden for him to touch his eye, and his mouth, and his ear. And also because he has become like a new creation (Magen Avraham subsection 2). But these reasons are not sufficient, and therefore it is good to relieve oneself first. And all the more so if he needs to relieve himself, for it is forbidden for him to bless (ibid. subsection 1). And such is the simple custom and one should not change it. Especially since it is the way of most people that when they rise from their beds they need to relieve themselves of major or minor needs. Therefore, he should wash without a blessing, and relieve himself, and return and wash his hands, and bless "al netilat yadayim" and "asher yatzar." And without washing it is forbidden for him to go to relieve himself unless he does so near his bed, because there are those who are stringent and warn according to the Zohar that it is forbidden to walk four amot without washing the hands. And also in the Gemara it is implied so, for it counted it among the morning blessings that are near his bed (Berakhot 60b). And see what I wrote at the beginning of siman 6.

And this is the order of the netila: One takes the vessel of water in his right hand and gives it to his left hand so that he may pour upon the right first, for in every place we accord honor to the right. And he shall pour upon them three times intermittently, to remove the ruach ra that is upon them. And there are those who are accustomed to wash their mouths in the morning because of the phlegm within the mouth, and it is also beneficial for several things. And he shall wash his face, and be careful to dry it well, for one who washes his face and does not dry it well—his face becomes cracked or boils break out upon it. And its remedy is to wash much with mei silka (Shabbat 133b). And mei silka is the broth of beets (Rashi), and it has not been clarified for us what this is. And the blessings must be said before the drying. And he shall not touch with his hand before netila to the mouth, nor to the nose, nor to the ears, nor to the eyes. And even one who has performed netila of his hands—he should not accustom himself to touch the rectum constantly, because it brings him to hemorrhoids. And he shall not touch a place of bloodletting, and likewise any place of a wound, because the touching of the hand harms the wound. And likewise he shall not touch a vat of beer, and certainly not before netila, for it introduces ruach ra into the beer. And likewise it is forbidden to touch any food or any drink before netila. And after the fact, we do not forbid them because of this. (There are those who wrote that during the netila upon the right hand he should say "the great hand," and upon the left hand "the strong hand," and when he rubs them together he should say "the uplifted." And when he washes his face he should say "His head is as the finest gold..." And when he washes his eyes he should say "His eyes are like doves..." And for his cheeks he should say "His cheeks are as a bed of spices." And for his lips he should say "His lips are as lilies..." And for his mouth he should say "His body is as polished ivory..." And there is in this a wonderful segula, for in the image of God He made man. And examine carefully and you will find it easy.)

Washing of the hands in the morning – one does not wash upon the ground, nor upon wood or splinters, but rather into a vessel. And the water of the morning washing of the hands – it is forbidden to derive benefit from them. Even to give them to an animal is forbidden, because an evil spirit rests upon them, and the animal will be harmed by this. And one should not spill them in the house, nor in a place where people pass. Rather, one should spill them in a place where there is no foot traffic for people. And one should not wash from one who has not washed his hands in the morning, which is to say: he should not pour upon his hands. But to bring him water – there is no concern. And one should be careful to prepare a vessel with water before his bed. And there are those who were meticulous with this water also because of disclosure, but we are not concerned for this, for we are not careful regarding disclosure because snakes are not common among us, as is explained in Yoreh Deah siman 116.

King David did not sleep more than sixty breaths in one succession, but rather would wake up every sixty breaths. And in Sukkah (26b) it is explained that there were those who were not careful regarding this except during the day and not at night (see Magen Avraham, subsection 16). The measure of "sixty breaths" has not been clarified for us. Some say it is like the duration of half an hour, and some say like two hours (and see Rashi, Sukkah ibid.). We are not careful regarding this, for this is not according to our level, and there is no prohibition in this, but rather it shall be called the way of holiness.

Every person must be careful during prayer and eating not to touch the shank or the thigh or the covered places on a person, because there are beads of sweat there, and it is a great filth. And likewise not to scratch his head. However, in the revealed places on his head and on his body – there is no concern. Even regarding scratching and a mere touching of his head – there is no issue (it seems to me). And likewise he may touch the revealed part of his arms, and that is until the joint called elbow. And on his neck he may touch until the chest. And if he touched the covered places, or if he removed a louse with his hands – he must wash with water. And if he is standing in prayer and cannot wash – he rubs his hands on a wall or on a beam and the like. And the wise man has his eyes in his head so as not to come to this. (And if he touched a flea, which is called flea – he does not require washing.)

If one does not have water for the morning netilat yadayim—he should wipe his hands with a pebble, or with dust, or with a beam, or with anything that cleanses, and recite the blessing "on the cleanliness of hands." This is effective for prayer, but not for removing the evil spirit that is upon them. Therefore, when water becomes available to him later—he should wash his hands three times without a blessing. Now, it would have been possible to recite the blessing "on the washing of hands," for the sages did not differentiate, and so it is implied from the words of the Rashba. However, the Rosh and the Tur explicitly ruled thus, to recite the blessing "on the cleanliness of hands," and how can we transgress their words? (See Magen Avraham, subsection 25. And his words require further study.)

This applies when he wishes to pray now, or if the time for the recitation of Shema will pass. However, if he is not yet praying—he should see to obtaining water by the time of prayer. And all the morning blessings he may recite even before washing, for they only instituted washing for the recitation of Shema and for prayer. And ordinary hands are not disqualified for a blessing, for behold, we recite blessings over fruit without washing. And if he knows that his hands are not clean, such as if he rose from his bed and slept with his clothes spread out and the like—he should not delay the blessings due to the absence of water, but should clean his hands with a pebble... and recite the blessings. For it is forbidden to mention the Name when his hands are not clean. And it is customary to say: "I give thanks before You, living and enduring King, for You have restored my soul within me..." immediately upon rising from his bed, even though his hands are not clean, because there is no Name or epithet in this.

Aside from the washing of the hands in the morning, there are other things that require washing with water specifically, but they do not require three times (Magen Avraham, subsection 17). And these are they: One who exits a beit hakise, and he shall wash immediately. And one who exits a bathhouse. And one who trims his nails. And one who removes his shoes with his hands. But one who removes socks from his feet—he does not require washing, as they are like other garments. And one who touches his feet or his shoes. And one who scratches his head, whether with his hand or with a comb. And some say: even one who walks among the dead in a cemetery. And he shall wash his hands before he prays there, and he shall wash upon his exit from there. And one who touches a corpse. And among us, the custom is that also those who escort the deceased and stand within four amot of the bier—he washes his hands. And one who searches his garments for lice, even if he did not touch a louse. And one who touches a louse. And one who touches covered places on his body. And one who engages in marital relations. And one who did any of these and did not wash his hands, if he is a Torah scholar—his learning is forgotten. And if he is not a Torah scholar—his mind becomes unsettled. And our sages, of blessed memory, said in Pesachim (112b) that one who lets blood from the shoulders and did not wash his hands—he is in fear for seven days. One who shaves and did not wash his hands—he is in fear for three days. One who trims his nails and did not wash his hands—he is in fear for one day. And he does not know what he is afraid of, see there.