OUTLINES OF HALACHOS FROM THE DAF
prepared by Rabbi Pesach Feldman of Kollel Iyun Hadaf
Rosh Kollel: Rabbi Mordecai Kornfeld
1) MUST ONE WASH AGAIN AFTER DAWN? [Netilas Yadayim:morning]
1. (Beraisa #1 - Rebbi): If a Kohen was Mekadesh (washed his hands and feet from the Kiyor) at night, he must be Mekadesh again when day comes, for the old Kidush is no longer valid after Linah (passing of the night).
2. R. Elazar b'Rebbi Shimon says, the old Kidush remains valid.
3. (Beraisa #2 - Rebbi): If a Kohen was offering Korbanos all night, he must be Mekadesh again when day comes;
4. R. Elazar b'Rebbi Shimon says, the old Kidush remains valid, even if he serves for 10 days.
1. Rambam (Hilchos Tefilah 4:3): For other Tefilos, it suffices to wash the hands. For Shacharis, one must wash his face, hands and feet, and afterwards pray. If he is far from water, he merely cleans his hands and then prays.
i. Ra'avad: I do not know why he must wash his feet.
2. Teshuvas ha'Rosh (4:1): Chachamim enacted to bless on Netilas Yadayim in the morning, when one rises from his bed and his hands are filthy, for they touched filthy places. He must wash before praying. Similarly, if he did his needs and cleaned himself, or urinated and wiped (the drops off his shoes), and wants to pray, they enacted that he wash and bless. If one did his needs during the day and just wants to learn (but not pray), he does not bless Al Netilas Yadayim. The same applies if he wants to pray but he did not did his needs. It was enacted only in the morning, when his hands are filthy, and he did his needs. One who rises early to learn blesses Al Netilas Yadayim. If he goes to sleep again before day, and washes for Tefilah, he does not bless again unless he did his needs, for this is sleeping Arai (haphazard).
i. Beis Yosef (OC 4 DH Kasav ha'Rosh): The Rosh does not mean that if he goes to sleep again before day, he must wash, but he does not bless. Rather, he need not wash again. He explained that this is because the sleep was Arai, i.e. we are not concerned lest he touched a filthy place.
1. Shulchan Aruch (OC 4:14): If one rose before dawn and washed his hands, it is a Safek whether he must wash again after dawn to remove the Ru'ach Ra'ah that dwells on his hands.
i. Beis Yosef (DH v'Im): If one rose early to learn and washed his hands and afterwards lied down to sleep before the day, it seems that he need not wash again even to to remove the Ru'ach Ra'ah. Since it went away once through washing three times, it does not dwell on his hands) again during that night. Or, perhaps it returns. The Zohar connotes like this. We say that David ha'Melech dozed like a horse (Sukah 26b). The Zohar says that the secret of this is 'David ha'Melech lives forever.' Sleep is a 60th part of death. David was always careful not to doze for more than 59 breaths, for past this, one tastes death, and the Ru'ach of Tum'ah rules over him.' This shows that whenever one sleeps 60 breaths, he must wash. This is the Shi'ur for Ru'ach ha'Tum'ah to rule over him, whether or not he slept earlier in the night. Since Ru'ach ha'Tum'ah rules over him, he must wash to remove it. Even though he washed to remove the first Ru'ach ha'Tum'ah, this does not help for Ru'ach ha'Tum'ah that comes later. Perhaps even one who sleeps during the day must wash, for it says Stam that when one sleeps 60 breaths, Ru'ach ha'Tum'ah rules over him. It did not distinguish between day and night. Even though the Zohar says that anyone who sleeps at night tastes death, perhaps this is not only for sleeping at night. It merely discusses what is normal, that people sleep at night. It also discusses sleeping on a bed. Surely it does not depend on this! The Tum'ah is because the Neshamah leaves, and the Ru'ach ha'Tum'ah dwells there. This is even if he sleeps not on a bed. Likewise, it does not depend on night. This is why Sukah 26b forbids sleeping more than 60 breaths during the day. However, one could say that the Tum'ah is only for one who sleeps at night, for this is the time of the Tum'ah. It has no power during the day to rule over man. The Isur to sleep more than 60 breaths during the day is lest one arouse the Sitra during the day, which is not its time. Still, we can say that even if it is aroused through sleep, it has no power to dwell on a person. This requires investigation. Later, I found that Orchos Chayim says that if one rose before dawn and washed his hands, some say that he must wash again after dawn, because Bas Melech (a powerful Tum'ah) dwells on the hands the entire night until the day. This is why one must pour water on them three times. It seems that he holds that even if one was awake until morning he must wash again due to Bas Melech.
2. Rema: He washes without a Berachah.
i. Magen Avraham (13): The Shulchan Aruch did not say that he must wash for Tefilah, like he said in the previous Halachah. Surely, once he washed his hands once, he need not wash again, even if he slept again, for one becomes a new creation only once (a day). The Safek is due to Ru'ach Ra'ah. Therefore, even if he slept again he does not bless again, for we do not bless when washing due to Ru'ach Ra'ah.
ii. Mishnah Berurah (31): Some say that at dawn the Ru'ach Ra'ah dwells again on the hands.
ii. Mishnah Berurah (32): Even if he slept again Keva (in a fixed way, i.e. on a bed), he cannot bless Al Netilas Yadayim, for we are concerned for the Rashba's opinion, that one washes because in the morning he becomes a new creation, and this is only once.
iii. Mishnah Berurah (33): Even if he did not bless Al Netilas Yadayim when he washed the first time, he does not bless now. How can he say 'that you commanded us to wash the hands'? According to the Rosh, he already fulfilled his obligation (the first time)! It is proper to make himself obligated, e.g. to do his needs (use the bathroom) before Tefilah, which obligates Al Netilas Yadayim.
iv. Bi'ur Halachah (Sa'if 14 DH v'Yitlem): In Sa'if Katan 33 I do not contradict what I wrote in 32, that one must be concerned for the Rashba's opinion regarding one who slept again, and the same applies to one who did his needs, for the same law applies to both. This is unlike what the Acharonim agreed about, brought in Sa'if Katan 30 (that if one was awake the entire night and did his needs in the morning, he blesses Al Netilas Yadayim). That is when he did not yet wash at all, unlike here. Really, it is no contradiction. Here (regarding one who did not sleep the entire night) we discuss when he did not bless the first time. One can say that even the Rashba would agree that he can bless now, like the Beis Yosef says in Siman 6. The Berachah applies to the first washing, like I explained in the Bi'ur Halachah (brought below). Here the Rema says not to bless. All agree to this. This is unlike Sa'if 13, in which he does not bless due to Safek.
v. Note - In Siman 4, the Beis Yosef (DH u'Mashma) says 'perhaps even if he did not sleep at all, he must wash according to the Rashba's reason, for Chachamim did not distinguish.'
vi. Bi'ur Halachah (Sa'if 13 DH Kol): If he rose early and washed, the Rashba obligates washing again in the morning, for then he is a new creation - "Chadashim la'Bekarim." We are concerned for the Rosh, so he blesses only if he did his needs.
vii. Chayei Adam (7:6): It is proper to delay saying Al Netilas Yadayim until he cleans (the waste from inside) himself and wants to pray. Then he is Yotzei according to all opinions. If he blesses beforehand, later when he eliminates according to the Rosh he must bless again. Even though we do not follow the Rosh, it is proper to be careful about this. This is from the Magen Avraham.
viii. Bi'ur Halachah (Sa'if 1 DH v'Afilu): He must have had a different text of the Magen Avraham. One cannot explain our text. The Chayei Adam connotes that even if one rose early and urinated, which is called 'doing one's needs', since presumably when Zman Tefilah comes in the morning he will go to the Beis ha'Kisei to clean himself (Note: in those days Beis ha'Kisei was a latrine. Normally it was far from one's house. One would not go so far merely to urinate - PF), he should not bless now, in order to fulfill the Rosh's opinion, that Netilas Yadayim was enacted primarily for Tefilah. Seemingly, his counsel is difficult. How is he Yotzei according to the Rashba? When he washed immediately upon rising, he fulfilled Netilas Yadayim. How can he say now on the second washing 'that you commanded us Al Netilas Yadayim'?! If this refers to the first washing, there was a big Hefsek (interruption) in the middle. L'Chatchilah one must be very careful to avoid this. However, we can resolve this. The Beis Yosef says in Siman 6 that since the Rashba holds that the washing is because one is like a new creation, one may delay the Berachah and say it with the other Berachos, even though there is a big Hefsek. However, if so one must immediately say afterwards the other Birkos ha'Shachar. The Sha'arei Teshuvah (6:5 (in many versions, 6:4 - PF)) connotes unlike the Chayei Adam. Rather, immediately after doing his needs he blesses Al Netilas Yadayim and Asher Yatzar. Also Derech ha'Chayim does not distinguish. Perhaps this is due to our question above. This is clear from Sha'arei Teshuvah. Later, I found in Ma'aseh Rav (in Sidur ha'Gra p.505, 3) like the Chayei Adam, that one should say Al Netilas Yadayim close to the time of Tefilah, and not immediately upon rising when he does not intend to pray yet. This is only if he will not forget later. One could say that Ma'aseh Rav says so because he holds like the Rosh, that one must bless for each Tefilah, but we do not. In any case, it is better to follow the Chayei Adam, for then according to the Rosh surely he is Yotzei, and perhaps also according to the Rashba, based on what the Beis Yosef wrote. If one does not do like the Chayei Adam, according to the Rosh surely he is not Yotzei. This is clear from Teshuvas ha'Rosh that the Beis Yosef brings. Also the Rambam connotes that he holds like the Rosh, that the primary enactment was for Tefilah, and not due to a new creation, since he obligates blessing for each Tefilah.
ix. Kaf ha'Chayim (36): He washes three times without a Berachah.
x. Birkei Yosef (Shiyurei Berachah 4:1): Terumah Chadashah says that if one rose early, he must wash again before Tefilah or learning. Linah disqualifies Netilas Yadayim, just like it disqualifies Kidush.
Other Halachos relevant to this Daf: