Siman 6

The blessing of "Asher Yatzar" is different from all other blessings. For all blessings are short and explicit regarding the matter being performed. For example, regarding the blessings of enjoyment, when one eats bread he says: "Hamotzi lechem...", and so too with all of them. And the morning blessings are also thus. But this blessing is long, and the primary matter for which one blesses is not mentioned at all. And it seems to my humble opinion that the truth is so, for the sages did not find a place in this blessing to mention the evacuation of the orifices. First: because it is not a matter of honor. Furthermore: if we were to compare this to the blessings of enjoyment, it is impossible, for even though a person has enjoyment in the exiting of waste from him, nevertheless, in all blessings of enjoyment the blessing precedes the act. Furthermore: in all blessings of enjoyment it is in a person's hand to enjoy or not to enjoy, but this act is by necessity. And if we were to compare this blessing to the morning blessings which are for the custom of the world, would it not be enough once a day? Therefore, our sages, of blessed memory, established it over the creation of man, through which the matter of cleanliness is explained with a hidden face so that it should not be disgraceful. And this is the reason of the Tur and the Shulchan Aruch who explained the intent of this blessing, which is not their usual way, for they are not commentators. Rather, it is because this touches upon the matter. (And similarly wrote the Rosh and the Ran at the beginning of Ketubot regarding the blessing of betrothal. And it further seems to me that this is the reason of the Rema at the beginning of siman 5 to bless "Asher Yatzar" in the morning even if he did not perform his needs, see there. And many wondered about him, but according to what I wrote that this is over the creation of man—it works out well. Examine it and you will find it easy.)

"Who formed man with wisdom" – Rashi explained (Berakhot 60b) that He created in him many openings, and nevertheless the spirit remains within him all the days of his life, and this is a wonder and wisdom. Thus far his words. And according to this, "with wisdom" refers to what follows, to "and created in him openings...". And the Tosafot explained according to the Midrash that He prepared the sustenance of man on the first [day] and afterwards created him. And there are those who explain "that He formed man with wisdom" meaning: that man possesses wisdom (Maharsha), and it relates to this matter because the animal has no shame and casts its waste before all, which is not the case with man. And there are those who explain "with wisdom" – that He created in him the nutritive power, which contains four powers: the power that draws the food, the power that holds the food, the power that digests, and the power that expels the waste. And were it not for these powers – it would not be possible to live (Levush).

"And created in him many openings" – the opening of the mouth to bring in food and drink, which is the beginning of the attractive force, and the openings of the rectum and the urine to expel them. And he doubled his wording to hint also at other openings such as the nose and the ears, but the primary intent is regarding those that pertain to the matter. "Many hollows" – this refers to the belly, the intestines, and the stomach, which are large hollows so that the food may enter them, and they hold it until the time of digestion. And he doubled the wording to hint at other hollows, "that if one of them were opened or one of them were closed...", meaning: that the Blessed Name created all of these with measure and weight according to the needs of man for these four forces. And if one of them were opened, meaning that the hollow was larger than it is now, or if one of them were closed, that the hollow was smaller than it is, and likewise the openings of the mouth and the rectum, if they were larger or smaller than the measure – "it would be impossible to exist and to stand before You" for many days. And he concludes "Healer of all flesh," meaning: that through what You created of the four forces and in their measure, in this You are the "Healer of all flesh," so that they do not come to illness. "And performs wonders," for man is like a flask full of air, and in a flask if there is a small hole – the air exits. Yet man is full of openings and exists (Levush).

And some have the version "that if it should be closed" before "that if it should be opened." And some have the version "it is impossible to exist even one hour." And according to this interpretation: "that if one of them should be opened or one of them should be closed" refers to the time of creation. That is, among the orifices there is one orifice which is the mouth, which in its mother's womb is closed, and when it emerges into the atmosphere of the world it is opened. And if the mouth were opened in its mother's womb, or were closed upon its emergence into the atmosphere of the world – it would not be able to exist even one hour. And so too the hollow organs, if they were to be opened completely immediately – he would die (Shulchan Aruch). "And performs wonders" is on account of the fact that the good from the food remains in the body of the man, and the bad is rejected in the waste, for the exit of the orifices is the refuse from the food (ibid.).

Our teacher, the Rema, explained: "And performs wonders" – in that He guards the spirit of man within him, for He binds a spiritual thing, which is the soul, to a physical thing, which is the body. And all of this is by virtue of Him being the "Healer of all flesh," for then the person is in a state of health and his soul is preserved within him. Thus far his words. And this matter also pertains to the subject, for the primary wonder is that the soul is sustained through eating and drinking, and if a person were not to eat for many days – the soul would depart from him. And what has the soul to do with eating and drinking? However, indeed, in every food and drink there is also a spiritual element, namely the word of Hashem that creates them and sustains them, and the soul is nourished from the spiritual and the body from the physical. (And this is the intent of the Magen Avraham, subsection 4, see there.)

Our teachers, the authors of the Shulchan Aruch, wrote in section 2: Some are accustomed to wait to recite the blessing "al netilat yadayim" until their arrival at the beit knesset, and they arrange it with the rest of the blessings. The Sephardic people do not follow this custom. In any event, one should not recite the blessing twice; one who recites them in his home should not recite them in the beit knesset, and one who recites them in the beit knesset should not recite them in his home. One who studies before entering the beit knesset or prays beforehand (certain prayers such as Selichot and Tehillim) should recite them in his home and not recite them in the beit knesset. Even in such a case, some are accustomed to arrange them with the rest of the blessings in the beit knesset, and they do not recite the blessing in their home. Thus far his words. Even if they study in their home beforehand, or say Tehillim, Selichot, and supplications, they do not recite "al netilat yadayim," "asher yatzar," and "Elohai neshamah" until their arrival at the beit knesset. This custom has no root or basis. Now we all conduct ourselves like the Sephardic people, that in the morning upon rising from one's bed or after relieving oneself, we immediately recite the blessing "al netilat yadayim," "asher yatzar," and "Elohai neshamah." If they study in their home, they also recite the blessing of the Torah, for it is forbidden to study without this. Also, all the morning blessings we recite at home, though there are those who leave the morning blessings until their arrival at the beit knesset. But "al netilat yadayim," "asher yatzar," and "Elohai neshamah"—everyone recites them in their home. Even during the days of Selichot, they should recite them in their home. For they have already become obligated in these blessings, so how can they recite them after some time? We have not heard of anyone who conducts himself otherwise. Perhaps if there is one who does not do so, and waits until his arrival at the beit knesset, they should teach him to recite the blessing in his home. Unless it is one who dwells in a single room, and the room is not clean of filth, for then he must necessarily go to the beit knesset and recite the blessing there.

And also the shliach tzibbur recites these three blessings in his home, and in the beit knesset he begins from the birkot hashachar, and that is from "Who gives the rooster understanding..." before the amud. And we have never heard that the shliach tzibbur should begin from the blessing "on the washing of hands," because he is obligated to recite this in his home. However, regarding the birkot hashachar, because it is the will of the congregation to answer many "Amens," therefore he arranges them before the amud. And if it happened that the shliach tzibbur arranged them in his home—he shall not recite them again in the beit knesset. And such is the simple custom and one should not change it. And there is one who says that the shliach tzibbur can arrange them once more to fulfill the obligation of one who is not proficient, just as in the prayer. But this is not a valid comparison, for there it was enacted to pray specifically in the beit knesset, and also because of kedushah. But these blessings and all the birkot hashachar, according to the law of the Gemara, are specifically to be recited in their homes. It is only that some have the custom to arrange them in the beit knesset, and the mind of the sages is not at ease with this. And how can we say that the shliach tzibbur should recite them two times? This is nothing other than blessings in vain (Magen Avraham subsection 7).

The Tur wrote that there are those who say that after one recites the blessing "al netilat yadayim" and "asher yatzar" – he should immediately recite the blessing "Elohai Neshamah" until "Who restores souls to dead bodies," because it is adjacent to the blessing of "asher yatzar," and therefore it does not open with "Baruch." And there are those who say that it is not necessary to say it immediately after it, and the reason it does not open with "Baruch" is because it is a blessing of thanksgiving which does not open with "Baruch." And this is more reasonable, for it is thus proven in the chapter "HaRo'eh" which says: when one awakens from his sleep he should say "Elohai Neshamah." And after that it says: and when he washes his hands he should say "al netilat yadayim." And so the Rambam, of blessed memory, ordered them. Thus far his words. And so he wrote in the Shulchan Aruch, section 3. And the Acharonim wrote that nevertheless it is good to place it adjacent to the blessing of "asher yatzar" (Bach and Magen Avraham).

And I say that according to the law, it must be juxtaposed to "Asher Yatzar," for so wrote the Rosh in a responsum at the beginning of Principle 4, that it is juxtaposed to "Asher Yatzar." Nevertheless, from the Gemara there is no difficulty at all, for the Rosh already wrote there on the Gemara that the fact that the Shas arranged the blessing of "Al Netilat Yadayim" after the morning blessings—this is when his hands are clean and he did not remove his garments, see there. And so wrote all the Rishonim. And we brought this in siman 4, section 14, that we always prioritize the blessing of "Al Netilat Yadayim" and "Asher Yatzar," and therefore for us it is certainly a blessing juxtaposed to its fellow. And so the wording of the Tosafot is precise in Arvei Pesachim (104b, starting with "Kol"), who wrote that originally it was not juxtaposed to its fellow, see there—it implies explicitly that now it is juxtaposed to its fellow. And the matter is understood that even in the time of the Shas, not everyone was holy such that they would rise from their beds with clean hands. Therefore, according to the majority of the world, it is juxtaposed to its fellow. And this is what the Rosh says, that it is juxtaposed to its fellow, meaning: that which the Shas considered it first—this is according to the custom of the holy ones themselves. But the enactment of the sages is according to the majority of the world, and like the ruling of the Rosh, of blessed memory. And the Rambam arranged it according to the wording of the Shas, and behold, even the Rosh arranged it so in his rulings. And so we are accustomed to juxtapose it to "Asher Yatzar." And so I have seen great ones who did so, and it is proper that they should print it so in the prayer books (so it seems according to my humble opinion).

There is one who requires arranging immediately after the washing of hands and "Asher Yatzar" all the morning blessings until "Who bestows good kindnesses to His people Israel," for the reason that the washing of hands was instituted for the prayer, and there is in the blessing of "Who removes sleep from my eyes" a bit of prayer: "that You accustom us to Your Torah" (Magen Avraham, subsection 8, in the name of the Olat Tamid). But I have not seen the elder rabbis who do this. And behold, in the Gemara the blessing of "on the washing of hands" is at the end, and it implies that one does not pray immediately (Magen Avraham, ibid.). And the truth is so, for we have already clarified in siman 4, section 5 from the words of the Rosh and the Tur in siman 47 that even though the blessing of "on the washing of hands" was instituted because of prayer, nevertheless the institution was to bless immediately upon rising from his bed even though he will pray after some time, see there. And nevertheless, I have seen great men who bless all the morning blessings immediately. And so we practice, if we have no hindrance from the side of proper cleanliness. And not for the reason that was explained, but for the reason that whatever we are able to join to the time of rising from his bed—it is better according to the law of the Gemara, as is explained from the order of the blessings in the Gemara (60b). And so one should practice if only his body is completely clean. And it will be further explained in siman 46 with the help of Heaven, see there in section 11.

There is one who says that one who rises early to study or to recite Tikkun Chatzot, and knows that he will be forced to sleep again, how shall he act? He should recite the blessing of "Elohai Neshamah" without the concluding mention of the Name. And likewise before sleeping a second time, the blessing of "Hamapil" without Name and Sovereignty. And upon rising a second time, he should recite "Elohai Neshamah" with the blessing (Magen Avraham, subsection 8, in the name of Seder HaYom). And it appears that this is when he rises after chatzot. But before chatzot—he does not need to recite it at all. And there is one who wrote that when he knows he will need to sleep again—he does not need to recite the blessing of "Elohai Neshamah" at all until the second rising (Pri Chadash in siman 46), because the Rambam wrote in the seventh chapter of Tefillah that "Elohai Neshamah" was instituted only at the end of sleep; see there. And this is not a proof, for the Rambam's intention was not every time he awakens, but regarding one who rises completely he did not speak (Sha'arei Teshuvah, subsection 7). However, it appears more likely that since it was only instituted once a day—it is sufficient that he recites it the second time, and it seems that such is the custom. And certainly according to the one who holds that even for sleep during the day one must recite "Elohai Neshamah"—one could well recite it even the first time, but we do not hold accordingly. And this is certain: that the blessing of "Al Netilat Yadayim" and the blessings of the Torah he should recite only the first time when it is after chatzot, and the second time—he should not recite them at all. And likewise regarding the blessing of "Elohai Neshamah," if he recited it the first time—he should not recite it again a second time, for it was only instituted once a day. And see what I wrote in siman 46, section 13.

There is one who says that if one forgot to say the blessing of "Elohai Neshamah" until after the prayer—he should no longer say it. For since he said "Mechayeh HaMeitim"—he has also fulfilled this blessing of "HaMachazir Neshamot LiFgarim Meitim" (Pri Chadash siman 58), because it is implied in the Yerushalmi that when one says "Mechayeh Meitim" in place of "Elohai Neshamah"—he has fulfilled his obligation. And even though they are two different matters, as "Mechayeh Meitim" refers to the future to come, and "HaMachazir Neshamot" refers to the custom of the world on each and every day, nevertheless, the greater includes the lesser. And since he said "Mechayeh HaMeitim"—it is no longer proper to say the matter smaller than this. (And with this, the difficulty of the Sha'arei Teshuvah there is answered, see there. Examine it and you will find it easy.) And the version of "Elohai Neshamah" is as follows: "My God, the soul which You placed within me is pure. You created it, You formed it, You breathed it into me..."—corresponding to the natural nefesh, and corresponding to the vital ruach, and corresponding to the intellectual neshamah, as it is written regarding it: "And He breathed into his nostrils the breath (nishmat) of life" (Maharsha).

Our teacher, the Beit Yosef, wrote in section 4: There are those who practice that after one person has recited Birkat HaShachar and they answered "amen" after him, one of those who answered "amen" goes back and recites the blessing, and they answer "amen" after him. And in this order, all those who answered "amen" first do so. And one should not challenge them and say that they have already fulfilled their obligation through the "amen" they answered first, because the one reciting the blessing does not intend to fulfill the obligation for others. And even if the one reciting the blessing intended to fulfill the obligation for others—they intend not to fulfill their obligation through his blessing. Thus far his words. And the reason of those who do this: in order to increase the number of "amens." And there are some of the great authorities who challenged this, for since he answered "amen," has he not fulfilled his obligation, and he does not need to recite the blessing afterward, and when he recites the blessing—it is a blessing in vain. And regarding this, he wrote that there is no concern in this, since he does not intend to fulfill his obligation. Nevertheless, there are those who hesitated greatly regarding this, and their reason seems to me to be that in this case, the intention to fulfill the obligation is not relevant, for it is only regarding the custom of the world, and since he answered "amen"—it is sufficient for him. And there is one who wrote that when there are not ten in the beit knesset—the shaliach tzibbur does not fulfill the obligation for others (Levush). And this is not a matter related to the shaliach tzibbur, for this is not prayer. (And this is the intention of the Magen Avraham, subsection 10, who wrote: and see siman 59. And examine and you will find it easy.) Rather, it seems to me that when he says "Baruch Hu u'Varuch Shemo"—it follows automatically that he has not fulfilled his obligation, for there is an interruption in the blessing. Therefore, it is good if he has not yet recited Birkat HaShachar, and he hears from the shaliach tzibbur who says the blessings before the amud according to our custom, that he should say "Baruch Hu u'Varuch Shemo." And it is better that he should first recite Birkat HaShachar himself, and so we practice.