Siman 47

The Ramban wrote in the Sefer HaMitzvot at the end of the positive commandments, and this is his wording: That we were commanded to give thanks to His name, may He be blessed, every time we read from the Torah, for the great good He did for us by giving His Torah to us, and informing us of the actions desired before Him through which we shall inherit the life of the World to Come… And in Berakhot (21a) we say: From where do we derive the blessing of the Torah before it from the Torah? As it is written: "When I proclaim the name of Hashem, ascribe greatness to our God." For the Torah is the name of Hashem, and the blessing of the Torah after it we learned from the blessing of the food, see there. And the Ramban wrote that from all this it was explained that this blessing is from the Torah. And it is not proper to count it as one mitzvah with the reading, just as the declaration of the first fruits is not counted as one mitzvah with its bringing, and the narration of the Exodus from Egypt with the eating of the Pesach. Thus far his words.

And all the great authorities agreed with his words that this blessing is from the Torah (Pri Chadash, and Magen Avraham, and Sha'agat Aryeh siman 24). And they wondered about the Rambam, who did not count this mitzvah, and certainly he maintains that this blessing is of rabbinic origin like all other blessings, and they were hard-pressed to settle his opinion. And in my humble opinion it is not so, and the Rambam also maintains that it is from the Torah as is explained from the Shas that we brought, and so it is in the Yerushalmi at the beginning of the seventh chapter of Berakhot. Rather, he maintains that this is one of the parts of the mitzvah of Torah study, and it is a single mitzvah. And as for what the Ramban brought as proof from the declaration of the bikkurim and their bringing, that they are two mitzvot, and similarly the narration of the Exodus from Egypt with the eating of the Pesach, I wonder: for there they are at two different times and there is an interruption between one and the other, which is not the case with the blessing of the Torah, for one is obligated to study a little immediately after the blessing as will be explained, and if so, it is a single mitzvah. And that which the blessing of the food is considered a mitzvah unto itself even though its obligation is immediately after the eating, this is because the eating is not a mitzvah but a necessity. But Torah study, which is a mitzvah—the blessing is a part of the mitzvah. And see at the end of section 21 that there is no interruption in them.

And there are some of the great authorities who inferred from the Yerushalmi there, that regarding the study of many, the blessing is from the Torah, but regarding the study of an individual, the blessing is rabbinic (Mishkenot Yaakov, siman 60). For the Yerushalmi, after it expounded that the blessing before it is from the Torah from the verse "For the name...", and the blessing after it is from the Grace after Meals as in our Talmud, says there: Rabbi Zeira inquired: These three readings that they read at Mincha on Shabbat and on Monday and Thursday, how do you treat them? Like three who ate as one and one blesses for all of them, or like three who ate, this one by himself and that one by himself, and even the middle one blesses before it and after it. Rabbi Shmuel said: They only learned the blessing of the Torah from the blessing of zimun for many, and if for many—even between himself and himself he should not bless. Rabbi Abba said: They made it like all other mitzvot of the Torah; just as other mitzvot require a blessing—this too requires a blessing. Thus far the wording of the Yerushalmi; behold, it is explicit that the obligation of an individual is only rabbinic like the blessings of all mitzvot.

And it is not so in my humble opinion, for there is another intention in the Yerushalmi. For if it were not so, how could it say that we learned the blessing of the Torah from the blessing of zimun? And behold, it is not so, for the first blessing we learned from "When I call out the name of Hashem" and the final one from the Grace After Meals. And is an individual not obligated in the Grace After Meals from the Torah? Rather, the explanation of the matter is this: when we understand what the blessing after it is, for in the Gemara and the Yerushalmi, do we recite a blessing after it? Furthermore: what relevance does "after it" have regarding the Torah, for is one not obligated to study always, day and night, if only he has the ability? And if we say that the intention is regarding the reading of the Torah in public—it is impossible to say so, for it counts there two or three blessings: "to occupy oneself with the words of Torah," "and please make pleasant," and "who has chosen," and do we recite these in public? Only "who has chosen" do we recite. Furthermore: is it not a clear halacha that that which we recite during the reading of the Torah is only from the enactment of the sages and not because of the blessing of the Torah, as the Tosafot wrote in Rosh Hashanah (33a, starting with the words "Ha"), and this is their wording: And our teacher Tam said that the blessing of the Torah before it and after it is not because of Torah study..., see there. And so wrote the Tur and the Shulchan Aruch below in siman 139, see there.

It appears to me, when we examine closely, why they established two blessings over the Torah; for where do we find two blessings over one thing? It is understandable regarding "make [the words of Your Torah] pleasant," even if it is a blessing unto itself according to the opinion of the Rambam that will be explained, it is certainly appropriate to say it because it is a prayer that the sweetness of the Torah should be in our mouths, and that we should engage in it for its own sake. But the blessing of "Who has chosen" is entirely redundant. And while it is true that it will be explained that the three blessings correspond to Mikra-Mishna-Gemara, nevertheless, this is not sufficient. It appears clear that this is in place of a final blessing, for at the time of the Torah reading and for an individual, a final blessing is not applicable, as there is no end to the study of Torah, as I have written. Therefore, they established it at the beginning (and the Levush wrote similarly to this, see there). Now, in the Gemara they derived the blessing after it through a kal vachomer from the Grace After Meals, and likewise there is one in the Yerushalmi who says so. But before that it says there that we learned it from a gezerah shavah of "Hashem-Hashem," see there. And in the Tosefta of Berakhot chapter six and in the Gemara (48b), the Rabbis taught: From where do we derive the Grace After Meals... "And you shall bless" – this is the blessing of "Who feeds." "Hashem your God" – this is the blessing of zimun. If so, the Yerushalmi speaks well that they did not learn the blessing of the Torah from the blessing of zimun except for a multitude, for since we derive it from a gezerah shavah of "Hashem-Hashem" – this refers to the blessing of zimun. And this refers to the final blessing of "Who has chosen us" and not to the preceding ones, and even this is only according to the approach of the Yerushalmi that we derive this blessing from a gezerah shavah. But according to our Gemara – this too is from the Torah. It emerges that the first blessings are certainly from the Torah according to all opinions, only regarding the last one is it possible to say according to the Yerushalmi that it is rabbinic for an individual.

And according to this, the matter is clear that if one is in doubt whether he recited the blessings of the Torah or not, he repeats and blesses according to the law of a doubt regarding a Torah commandment. And there is one who says that he recites all the blessings (Pri Chadash), and there is one who says that he should recite only one blessing, for according to the Torah, one certainly suffices. Therefore, he should recite "Who has chosen us," for the Shas calls it the most excellent of the blessings (Sha'agat Aryeh ibid.). However, according to what we have clarified, it implies that according to our Shas all of them are from the Torah. Nevertheless, one should be lenient like this opinion, for it is preferable to minimize blessings. And this is also when he remembers before "Ahavah Rabbah," for if he remembers afterward—"Ahavah Rabbah" exempts him, as will be explained. And all the more so if it was a day of the reading of the Torah—he should see to ascend to the Torah and he fulfills his obligation regardless.

The blessing over the Torah is very, very great. Our sages, of blessed memory, said in Nedarim (81a) that because of this sin the Land of Israel was destroyed, for by this they demonstrated that the holiness of the Torah was not beloved to them and they studied it only like other wisdoms (see Ran ibid.). And behold, it is the precious vessel of the Holy One, Blessed be He, and in it He rejoiced even before the creation of heaven and earth. And we, the people of the Children of Israel—we have nothing of importance in the world besides it. And the entire Torah in its entirety is the names of the Blessed One, as it is written: "Your name is like oil poured out." And through it we merit the life of the World to Come and the life of this world. And for its sake the world was created, as it is written: "If not for My covenant day and night, I would not have set the statutes of heaven and earth." Therefore, one must be very, very careful with it. And one may recite the blessing over the Torah either while standing or while sitting.

One must recite the blessing whether for Mikra, for Mishnah, for Gemara, or for Midrash, and this refers to the Midrash of the verses in Mechilta, Sifra, and Sifrei (Rashi, Berakhot 11b). And know that there is reason to doubt regarding one who studies matters of Aggadah, such as Midrash Rabbah, or the wisdom of Kabbalah, whether he is obligated to recite Birkat HaTorah. For behold, in the Gemara there, there is a dispute: as Rav Huna said that one must recite the blessing only for Mikra, and Rabbi Yochanan said that one must also recite the blessing for Mishnah (the version of the Rif). And the students of our teacher Yonah explained: because the Mishnah explains the reasons for the mitzvot. And Rabbi Eleazar said that one must also recite the blessing for Gemara, because the Talmud explains the essentials of the verses (students of our teacher Yonah). And the conclusion is that one must also recite the blessing for Midrash, because in Midrash one also learns from the verses via kal vachomer, and via gezerah shavah, and via the hermeneutical principles by which the Torah is expounded (ibid.). And according to this, it implies that the obligation is only for matters that explain the laws of the Torah. But matters of Aggadah or Kabbalah, whose essence is not for laws and halachot—they do not require a blessing. However, if we say the reason is because everything was given to Moses from Sinai (the HaGarz), or because they are all called "Torah" (Levush)—it is obvious that Aggadah and Kabbalah were also given to Moses from Sinai and are called "Torah." But from the language of the students of our teacher Yonah it does not imply so, and the law requires further study.

Our teacher, the Beit Yosef, wrote in section 3: One who writes words of Torah, even though he does not read, must recite the blessing. Thus far his words. And in section 4 he wrote: One who meditates on words of Torah does not need to recite the blessing. Thus far his words. Our teacher, the Rema, wrote: And the same law applies that he may rule on a law without giving a reason for his words. Thus far his words. And they have already raised a difficulty against him, for his words contradict one another; since regarding meditation one does not need to recite the blessing because we hold "meditation is not like speech," if so, regarding one who writes, why must he recite the blessing? For there is nothing here but meditation (Taz, subsection 2, and the Gra, subsection 1). And there is one who disagreed with the essence of this law, and he holds that even in meditation there is a mitzvah, as it is written: "And you shall meditate on it day and night." And "meditation" is in the heart, as it is written: "And the meditation of my heart." Therefore, one must recite the blessing for meditation (the Gra, subsection 2). And in truth, the Beit Yosef himself in his great book, in "Bedek HaBayit," sensed this, for at the beginning of the siman he brought from the honorable teacher David Abudarham that one who writes must recite the blessing, and at the end of the siman he brings in the name of the Agur that for meditation one does not need to recite the blessing. And he noted at the beginning of the siman regarding the law of Rabbi David Abudarham, and this is his wording: And see what I will write below in the name of the Agur. Thus far his words. Behold, he sensed that they contradict one another. If so, why did he establish both laws in the Shulchan Aruch? And it requires further study.

It seems to my humble opinion that our teacher, the Beit Yosef, maintains that these two laws do not contradict one another. For granted that there is certainly a mitzvah in the contemplation of Torah, nevertheless, the primary mitzvah of Talmud Torah is study with the mouth. For many times we find in Tanakh that "hegyon" refers to speech of the mouth, such as "And my tongue shall speak (tehgeh) of Your righteousness," "The mouth of the righteous utters (yehegeh) wisdom," "They do not speak (yehegu) with their throat," "For my palate shall speak (yehegeh) truth." And in a place where the intention is the heart, the term "heart" is written there, such as: "And the meditation (vehegyon) of my heart," "And the meditation (vehagut) of my heart is understanding." And in Proverbs: "The heart of the righteous meditates (yehegeh) to answer," "For their heart meditates (yehegeh) destruction." And if so, regarding the Torah where it is written: "And you shall meditate (vehagita) on it day and night," and likewise: "And in His Torah he meditates (yehegeh) day and night" – this means with the mouth, since it did not mention "heart." And the blessing of the Torah itself shall prove it, as we say "Please make pleasant... in our mouths and in the mouths of Your people..." And likewise "to engage (la'asok) in words of Torah" – this means speech with the mouth. And in Eruvin (54a) they were particular even regarding one who studies in a whisper, and they expounded "Ordered in all things and secure" – that it should be ordered in your 248 limbs, see there. Therefore, the blessing of the Torah was not instituted for the contemplation of Torah, but only for study with the mouth. However, writing is different, for this is the primary preservation of the Torah. And not only the Written Torah, but even the Oral Torah after they permitted it to be written – it is like one who teaches Torah to the masses, for the primary preservation of the Torah is through writing, and were it not for writing, the Torah would have already been forgotten from Israel. Therefore, since at the time of writing he contemplates in his heart and brings it out through writing – it is like speech, and he is obligated to bless. And so it seems to my humble opinion as the primary ruling. (And so it is implied in the Mekhilta and in the Midrash at the beginning of "Yitro," that writing is like speech.)

And it is simple that this applies specifically to one who writes in the manner of his study. However, a scribe who copies words of Torah and does not set his heart to understand the matters—he does not need to bless, for this is not study at all. And so too one who writes mundane matters, even though in the middle of his words he brings verses or some homily of our sages, of blessed memory, nevertheless he does not need to bless since the essence of his writing is for a mundane matter (Magen Avraham, subsection 1). And so too when he responds to a question "forbidden," "permitted," "kosher," "invalid," since he does not explain the reason—it is like meditation, and he shall not bless even though it is a great mitzvah. And such is the custom.

The first blessing is: "Who has sanctified us with His commandments and commanded us concerning the words of Torah." That is to say: to speak and to study the Torah. The Ashkenazim have the version "to engage in the words of Torah," and "engagement" is defined as laboring in it. There is one who wrote that there is a difference in the meaning of the blessing between the versions, for when we bless "concerning the words of Torah," the intention is also for the performance of the mitzvot. But "to engage in the words of Torah," the intention is only for the study of the Torah (ibid. subsection 3). And I wonder: for regarding the performance of the mitzvot, every mitzvah has its own blessing, for each and every mitzvah. Furthermore: the Rishonim did not write that there is a difference between them in the intention, and certainly even "concerning the words of Torah" the intention is only for the study of the Torah, as is clear from what we say afterward "and please make pleasant... in our mouths," for this is only regarding the study of the Torah.

Afterward, we say: "And please, Hashem our God, make the words of Your Torah sweet in our mouths and in the mouths of Your people, the House of Israel, and may we and our offspring all be knowers of Your name and students of Your Torah for its own sake. Blessed are You, Hashem, Who teaches Torah to His people Israel." And some have the version: "and our offspring and the offspring of our offspring." But there is no need for this, for "our offspring" also means those who emerge from our loins for many generations (ibid.). Behold, according to the Tosafot and the Rosh, it is one blessing with "to engage in the words of Torah," and with the blessing we pray that we should study with sweetness and for its own sake. And because it contains many matters, it therefore opens with "Blessed" and concludes with "Blessed." And they have the version "And please make sweet" with a conjunctive vav, as it refers back to the above. But the Rambam holds that it is a blessing unto itself, and has the version "Please make sweet" without a vav. And afterward we bless: "Who chose us from all the nations and gave us His Torah. Blessed are You, Hashem, Giver of the Torah." And we say "Giver" in the present tense because at every time and every moment the Holy One, blessed be He, grants and gives a person understanding to comprehend His Torah. And especially since there are new insights of Torah every day. It emerges that according to the Rambam, there are three blessings corresponding to Mikra, Mishnah, and Gemara. And according to the Tosafot and the Rosh, there are two blessings corresponding to the Written Torah and the Oral Torah. Our teacher, the Rema, wrote that it is better to say "And please make sweet" with a vav; nevertheless, we may answer "Amen" after "to engage in the words of Torah." And so did the Ari, of blessed memory (see Magen Avraham, and Taz, subsection 5).

The matter of these blessings is that first we bless, as we bless over every mitzvah prior to its performance, and afterward we bless that He should grant us wisdom and understanding, and sweetness, and a pure heart "lishma." For in this, the study of Torah is not similar to all other mitzvot, as in all other mitzvot the performance is with physical limbs, while this mitzvah has its source in the heart and the brain. And if he does not understand what he learns—his learning is nothing. And if his intention is not "lishma"—his learning is nothing. Therefore, one must bless by way of a request, that Hashem should help him to know His Torah and to study it properly. And afterward we bless a blessing of thanks, that He chose us and gave us His holy and pure Torah. And also we have already written that this blessing is in place of the blessing after it, as I wrote in section 5. And in the public reading of the Torah, we bless first "Who has chosen us..." and afterward "Who has given us...", for this is not because of the study of Torah but rather from an enactment that they enacted so, as I wrote in section 4. And they enacted these blessings, which are blessings of thanksgiving as the Tur wrote, that one should intend in this blessing upon the event of Mount Sinai, where He made us hear His words from the midst of the fire and gave us the vessel of His delight, and it is the most excellent of the blessings. And after the reading we say "and eternal life He planted within us," for eternal life is only for the sake of the Torah and the mitzvot that Hashem, may He be blessed, graciously gave us, and it is the Oral Torah with the Written Torah.

And I have a great question regarding these two blessings: for they are short blessings, and why do we conclude with "Blessed"? And I have not found anyone who has addressed this. And it seems to me that even though "Who gives the Torah" is similar to the opening, nevertheless there is another intention in it: for the opening is regarding that He gave us the Torah at the standing at Mount Sinai, and it is a blessing on the past, but the conclusion "Who gives the Torah" is regarding His giving it to us every day, as I wrote in section 13. And it turns out that it is another blessing, but they established them together in the manner of an opening and a conclusion.

We say in Berakhot (11b) that if one did not study until after he recited Keriat Shema—he does not need to recite Birkat HaTorah, for he has already fulfilled his obligation through "Ahava Rabba," which contains the essence of Birkat HaTorah: "And place in our hearts to learn and to teach..." (Rashi). And even though the essence of the blessing is the opening and the conclusion, it seems to me that here the giving of the Torah is mentioned in both of them. For since we say "With a great love You have loved us" or "With an eternal love," and we conclude "Who chooses His people Israel with love"—this is Birkat HaTorah itself, for you have no greater love or eternal love than the giving of the Torah.

Our teachers, the authors of the Tosafot, wrote, and this is their wording: In the Yerushalmi is that which we say, that one has already fulfilled the obligation with "Ahavah Rabbah," and that is if he studied on the spot. The explanation: immediately, that he studied right away in that same place. And it was asked of the Ri: such as we, who do not study immediately after the morning prayer, for we are preoccupied and go thus without study until the middle of the day or later, why do we not recite the birkat haTorah another time when we begin to study? And the Ri answered..., that specifically "Ahavah Rabbah," which is not the primary blessing for birkat haTorah—one does not fulfill the obligation of birkat haTorah unless he studies immediately, and also does not have a distraction of the mind. But the blessing "Who has chosen us" and the blessing "to engage in the words of Torah," which are the primary birkat haTorah—it exempts the entire day..., for he does not despair his mind. For at every hour a person is obligated to study, and it is like one who sits all day without interruption... And the French were accustomed to say verses, and the priestly blessing, and also the Mishnah of "These are the things"... because of the Yerushalmi which requires that he study on the spot... Thus far their words, and so wrote the Rosh and the Tur, see there.

Our teacher, the Beit Yosef, in his great work and all the great authorities understood the intent of the Tosafot thus: that regarding the blessing of "Ahava Rabba," it only exempts when one studied immediately after the blessing, and then it exempts. But regarding the blessing of the Torah – one does not need to study immediately after the blessing at all, and it exempts the entire day. And even though regarding every mitzvah the performance of the mitzvah must be adjacent to the blessing, and if one interrupted between the blessing and the mitzvah one must return and bless, the blessing of the Torah is different; for since one is obligated to engage in it constantly – when one interrupts it is not considered an interruption, since one is obligated to study then (Beit Yosef). That is to say: that regarding Torah, "distraction of the mind" is not applicable such that one would be obligated to return and bless when one interrupted between the blessing and the study (Magen Avraham subsection 7 and Taz subsection 6).

And based on this, our teacher, the Beit Yosef, wrote in section 9: There are those who say that if one interrupted between the blessing of the Torah and his study – it is of no consequence. But it is proper not to interrupt between them. And so they were accustomed to say the passage of the priestly blessing immediately following the blessing of the Torah. Thus far his words. That is to say: even though by the letter of the law it is not required, nevertheless it is proper not to interrupt. And one may say the priestly blessing even before the light of day. And even though there is no priestly blessing at night, nevertheless he does not say it for the sake of the priestly blessing but rather for the sake of Torah study (ibid. subsection 8), unlike those who require saying this specifically in the light of day. And our teacher, the Beit Yosef, further wrote based on this interpretation in section 7 that the blessing of "Ahavat Olam" exempts the blessing of the Torah if one studied immediately without interruption. Thus far his words. And then it exempts the study of the entire day (ibid. subsection 6).

But they themselves asked a great question regarding this: How can the Yerushalmi say, "and that is provided he studied immediately," which implies that it is possible he might not study immediately? For he necessarily studies immediately after "Ahavat Olam," when he says the three paragraphs of Kriat Shema? And is it because they also contain the mitzvah of Kriat Shema that it is not considered Talmud Torah? This is asked in wonderment. And he answered that Kriat Shema and prayer are not considered study regarding this matter, for supplications and prayer are one thing, and Talmud Torah is another (Beit Yosef and Taz, subsection 7). And he further answered that it is possible he did not recite Kriat Shema after "Ahavat Olam," as was the case in the Mikdash at the end of the first chapter of Berachot (Beit Yosef). And based on this, he wrote in section 8 that there is a doubt whether it is sufficient if he recites Kriat Shema immediately adjacent to it without interruption. Therefore, one must be careful to recite Birkat HaTorah before "Ahavat Olam." Thus far his words.

And in truth all the matters are forced, as is clear to the one who examines them. And were it not for their words, it would appear to be said that the words of our teachers, the authors of the Tosafot, do not revolve around the interruption between the blessing and the study, for this is a simple matter that it is obligatory to study a bit immediately even after the blessing of the Torah, as with all mitzvot which must be adjacent after the blessing without interruption. And if one interrupted—he must return and bless. And the difference between "Ahava Rabba" and the blessing of the Torah is only that the blessing of the Torah exempts for the entire day, and "Ahava Rabba" only exempts what he studied immediately. And this is what the Yerushalmi says: "And that is if he studies on the spot," meaning: that it only exempts what he studied immediately after the prayer. But when he interrupted, even if he studied immediately—he is obligated to bless the blessing of the Torah when he sits to study. And this is what they asked the Ri, that if so, every time one sits to study he must bless the blessing of the Torah, for they thought there is no difference between "Ahava Rabba" and the blessing of the Torah. And he answered them that this is only regarding "Ahava Rabba" and not regarding the blessing of the Torah itself. (And that which they wrote "And the French... and also these matters... because of the Yerushalmi..." Thus far their words, this is its explanation: that they also study mishnayot immediately, because they hold that only what they study on the spot is exempted by the blessing of the Torah. And it seems to me that the Talmidei Rabbeinu Yonah also explained thus, see there. However, the wording of the Rosh implies like both explanations, see there. And the Gaon "Even HaEzer" wrote similarly only in a different manner, see there. Therefore, that which we say some words of Torah after the blessing of the Torah, the essential law is so. And so it is explained from the words of the Rambam in the seventh chapter, halacha 11, see there. And according to the opinion of the "Even HaEzer" one needs Mikra, Mishnah, and Gemara or Halacha. And see the Gra, subsection 7).

The Tur wrote: If one recited the blessing over the Torah, and began to study and then paused—he does not need to recite the blessing all day if he is constantly accustomed to engaging in Torah… Thus far his words. And it implies that if he is not accustomed—he must recite the blessing. And it similarly implies from the words of our teacher, the Beit Yosef, in section 10, who wrote: And if he paused from studying and engaged in his business affairs, since his intention is to return and study—it does not constitute an interruption. And the same law applies to sleep, the bathhouse, and the lavatory, that they do not constitute an interruption. Thus far his words. It also implies that specifically when his intention is to return and study—he does not need to recite the blessing (Magen Avraham, subsection 9). And the Rosh wrote similarly in a Responsum, Principle 4 (section 2). And there is one who wrote that we do not require his intention to study further (Taz, subsection 8). And it is not so according to the opinion of the Tur and Shulchan Aruch; however, the custom is so. Indeed, since the custom is so, it is as if everyone stipulated at the time of the blessing that it should suffice for the entire twenty-four-hour period. But regarding the interruption of sleep, the bathhouse, and the lavatory not being an interruption, it requires further study, for since he cannot study then—his intention should not be effective, just as with tefillin (the Gra, subsection 9). And there is one who wrote that it is because there are several laws pertaining to the bathhouse and the lavatory (Agur), but this is not relevant to the blessing over the Torah, for that does not require a blessing (the Gra, ibid.). And it must be said that Torah study is not similar even in this to all other mitzvot, for regarding all other mitzvot, since there is no obligation upon him for the entire day—a place where he cannot fulfill the mitzvah indeed constitutes an interruption. This is not the case with Torah study, for there is an obligation upon him all day and all night whenever he has time to study—nothing constitutes an interruption.

And this is what our teacher, the Beit Yosef, wrote in section 11: Fixed sleep by day on one's bed constitutes an interruption. And some say it does not constitute an interruption, and such is the custom. Thus far his words. And ostensibly, the primary view is like the first opinion. However, according to the reason we explained, it works out well, for since he is obligated to study—nothing constitutes an interruption, and whenever one recites birkat hatorah, his intent is for a twenty-four hour period like the morning blessings. And this is what he wrote in section 12: Even if he studied at night—the night follows the preceding day, and he does not need to repeat the blessing as long as he has not slept. Thus far his words. That is to say: that in every "twenty-four hour period" one must recite birkat hatorah, and only when he goes to sleep at night does the "twenty-four hour period" end. And that is when he rises from his sleep at night, even if a full twenty-four hour period has not yet finished from the time of yesterday's blessing, nevertheless, upon rising when he sits to study he must recite birkat hatorah, for his intent was until the time of rising like all the morning blessings. And if he did not sleep the entire night—he does not recite the blessing until the light of morning. And there are those who explained his words that if he did not sleep—he does not need to recite the blessing at all. And they wondered at him (see Magen Avraham subsection 11 who wrote this and raised a difficulty against him). But in truth, his intention is not so, but rather as I have written. And we are not exacting regarding a "twenty-four hour period" as being less or more, but rather that every day one should recite birkat hatorah, either when he rises from his bed even at night or at the light of morning. And such is the simple custom and one should not change it. And if he rose from his bed and his intent is to sleep more, it seems to me that if he rose before midnight—he should not recite the blessing, and should recite the blessing upon his rising a second time. And if after midnight—he should recite the blessing. And so it appears to be the opinions of the kabbalists, that after midnight is considered like day (see Sha'arei Teshuva subsection 12). But if his intent is not to sleep more—then he recites the blessing even upon his rising before midnight.

This is what our teacher, the Beit Yosef, wrote in section 13: One who rises early before the light of day to study—he recites the blessings of the Torah. And he does not need to return and bless when he goes to the beit knesset. Thus far his words. And this is as I have written, that whenever one rises from his bed—the "twenty-four hour period" has concluded and he is obligated to bless. And he wrote further that one who rises early before the light of day recites the entire order of blessings, except for the blessing of "Who gives the rooster understanding" and the passage of the Tamid, which he should wait to say until the day brightens. Thus far his words. For the Tamid is not offered at night, and so wrote the Tur. And if he heard the sound of a rooster—he recites after midnight the blessing of "Who gives the rooster...". And according to the Kabbalah, even without hearing the sound of a rooster—he may recite this blessing after midnight upon rising from his bed (see Magen Avraham and Sha'arei Teshuva, small subsection 13). And there are those who practice accordingly.

Women recite the blessings of the Torah. And even though they are not commanded regarding the study of Torah, and are also exempt from the reading, nevertheless, since they are obligated in prayer and [the Sages] established as an obligation upon them also the Recitation of Shema, the Verses of Praise, and the Song of the Sea, and also there is one who holds that they are obligated to learn the laws pertaining to them (Sefer Mitzvot Gadol). And so they are accustomed to recite a blessing over every positive time-bound commandment. And so too in Grace After Meals they say "and for Your Torah which You taught us." Therefore, for all these reasons, they are permitted to recite the blessing. (And it must be said that such is the intention of the Shulchan Aruch, section 14, and the Magen Avraham, subsection 14. And a convert in ancient times also recites the blessing of the Torah. Examine it and you will find it simple.)