ZEVACHIM 20 (18 Iyar) - dedicated by Avi and Lily Berger of Queens, N.Y., in memory of Lily's father, Mr. Benny Krieger (Chananel Benayahu ben Harav Yisrael Avraham Aba), zt"l, who passed away on Lag ba'Omer 5763. Mr. Krieger exemplified Ahavas Chesed, Ahavas Torah and Ahavas Eretz Yisrael.

1)

MUST ONE WASH IN THE MORNING IF HE DID NOT SLEEP AT NIGHT? [Netilas Yadayim: morning: without sleeping]

(a)

Gemara

1.

19b (Beraisa #1 - Rebbi): If a Kohen was Mekadesh at night, he must be Mekadesh again when day comes, for the old Kidush is no longer valid after Linah (passing of the night).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.

5.

20a (R. Yochanan): If a Kohen was Mekadesh to do Terumas ha'Deshen (taking ashes off the Mizbe'ach), he need not be Mekadesh again after dawn, because Terumas ha'Deshen is the beginning of the Avodah of the coming day.

6.

(Abaye): This is like Rebbi. He says that Linah disqualifies Kidush only mid'Rabanan. From the time for Terumas ha'Deshen (shortly before dawn) and onwards, it appears like the coming day, so Chachamim did not decree that Linah disqualifies.

7.

(Rava): Really, it is like R. Elazar. R. Yochanan rules like R. Elazar regarding beginning the coming day's Avodah (that one Kidush suffices for all Avodos, even after dawn), and like Rebbi regarding the previous day's Avodah (that a new Kidush is needed).

8.

A Mishnah says that when the other Kohanim saw the Kohen descend from Terumas ha'Deshen, they ran to be Mekadesh. We must say that they were not doing Avodah from the night before.

9.

Berachos 15a (R. Yochanan): To accept Ol Malchus Shamayim to the fullest extent, one should relieve himself, wash his hands, put on Tefilin, say Keri'as Shema and pray.

10.

Ravina: A Chacham from Eretz Yisrael said that one who does not have water should clean his hands in dirt, pebbles or chips of wood!

11.

Support (Rava): It does not say "I will wash in water," rather, "b'Nikayon" -- in anything that cleanses!

12.

60b (Beraisa): When one rises, he says "Elokai Neshamah..." When he hears a rooster he blesses "He who gave understanding..." Upon opening his eyes he blesses "He who gives sight... When washing his hands, he blesses, "Asher Kidshanu... Al Netilas Yadayim."

(b)

Rishonim

1.

Rosh (Berachos 9:23): When one washes his hands he blesses Al Netilas Yadayim, for hands touch things. Surely they touched filthy flesh at night. A Berachah was enacted for washing before Kri'as Shema and Tefilah. We should bless 'on cleanliness of hands.' We bless Al Netilas Yadayim, for this was enacted for a meal, since one must wash from a Keli, and the Gemara calls a Keli 'Natla.' One must clean his hands before prayer - "Erchatz b'Nikayon Kapai." The same applies to Minchah and Ma'ariv. If one 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 and washes his hands, he blesses Al Netilas Yadayim. This was enacted only for a meal and Tefilah. Nowadays the custom is to bless Birkos ha'Shachar only after washing. The order of the Berachos in the Gemara connotes that they may be said before Netilas Yadayim. This supports the opinion that Netilas Yadayim was enacted only for Kri'as Shema and Tefilah (but not for Stam Berachos).

i.

Beis Yosef (DH u'Mashma): The Tur connotes that if one was awake the entire night, he need not wash in order to pray, according to the opinion (the Rosh) that Stam hands are Kosher for Tefilah. During the day there is no Chazakah that they touched something filthy, the same applies at night if he did not sleep. Also Teshuvas ha'Rosh connotes that the enactment to wash in the morning is only if they are filthy, but not if he did not sleep. Even if he slept Arai, the Rosh exempts! The Rashba holds that we wash because he is a new creation. This applies only if he slept at night. The Medrash contrasts to one who gives a deposit to a person. He gets it back worn and ruined. One who did not sleep did not deposit (his Neshamah) with Hash-m! However, if he slept Arai, we can say that he deposited with Hash-m, and received it back new. Perhaps even if he did not sleep at all, he must wash according to this reason, for Chachamim did not distinguish. The Rosh said that he need not. However, it seems that the Rosh would agree that even if he was awake the entire night, he must wash due to Ru'ach Ra'ah that dwells on the hands at night. It seems that it does not depend on sleeping at all. However, the Zohar connotes that it dwells only at the time of sleep, when the Neshamah leaves.

ii.

Taz (OC 4:9): Perhaps also the Rosh does not distinguish? I answer that the Rashba holds that the enactment was to praise Hash-m. We find that even one who did not benefit praises, e.g. he did not hear a rooster. The Rosh holds that the enactment was to save people from Aveirah, i.e. praying with filthy hands. We do not obligate one whose hands are clean. It is a Safek (whom we follow), so one washes without a Berachah.

2.

Teshuvas ha'Rashba (1:153): The Gemara connotes that one blesses several Berachos in the morning before washing his hands. Stam hands are Kosher for Berachos. We say that one who washes his hands before eating (dry) Peros is haughty. Netilas Yadayim was enacted only for a (bread) meal, and washing and cleanliness for Tefilah and Kri'as Shema. In any case, presumably if one slept naked on a bed, hands move about, so they are worse than Stam hands. We assume that they are dirty from touching covered places. One may not mention Hash-m's name, but Netilas Yadayim is not needed. One may clean his hands through water, pebbles, or anything that cleans. Thenm he does the activities listed (and blesses on them), and in the end he washes his hands. Ri Barceloni says that the Gemara does not mean that one blesses when he does these things, rather, when people normally do them. Even if he does not benefit from them now, others do. One may not bless before washing his hands - "Hikon Likros Elokecha Yisrael."

(c)

Poskim

1.

Shulchan Aruch (OC 4:13): If one was awake the entire night, it is a Safek whether he must wash in the morning to pray and to remove Ru'ach Ra'ah from his hands.

i.

Magen Avraham (11): If he did not sleep, there is no concern lest he touched a filthy place, and he is not a new creation.

ii.

Mishnah Berurah (27): If he slept Keva on a bed, all agree that he must wash, for hands touch things. If he slept only Arai, the Rosh exempts.

2.

Rema: He washes without a Berachah.

i.

Magen Avraham (12): The Bach learns from Teshuvas ha'Rosh that we bless. This is no proof. The Rosh holds that we bless for every Tefilah! If so, one may bless now, even though it is not yet time for Shacharis, for later he will pray! We hold that the primary reason is because he is a new creation.

ii.

Mishnah Berurah (28): It is a Safek if Ru'ach Ra'ah depends on sleeping, and if so even one who sleeps during the day must wash. Or, it depends on night, and even if he did not sleep.

iii.

Mishnah Berurah (29): He washes three times.

iv.

Mishnah Berurah (30): If one was awake the entire night and did his needs in the morning, the Acharonim conclude that he blesses Al Netilas Yadayim. L'Chatchilah, one who was awake the entire night should did his needs, or urinate and wipe the drops, and then all obligate Al Netilas Yadayim.

v.

Kaf ha'Chayim (47): Some say in the name of the Ari Zal that he need not wash. Others say in his name that one must wash. The Birkei Yosef (Shiyurei Berachah 4:1, brought in Sha'arei Teshuvah 13) says so, for Linah disqualifies Netilas Yadayim, just like it disqualifies Kidush. In pressed circumstances one may be lenient.

vi.

Kaf ha'Chayim (48): If one learned from until after midnight, some say that due to his Torah and Berachos (Birkos ha'Shachar after midnight), he need not wash. One should be stringent, but if he does not have a Keli to wash into, he may wash onto the ground.

vii.

Kaf ha'Chayim (49): Some say that if he dirtied his hands at night, he blesses. Others disagree. One should not bless.

viii.

Kaf ha'Chayim (50): Eliyahu Rabah says that if one slept Arai, he blesses. This is like the Rashba, but the Beis Yosef favors the Rosh! Some say that if he blesses, it is due to Ru'ach Ra'ah. If so, it is only if he slept 60 breaths (Meforshim argue about whether this is about three minutes, a half hour, or two or three hours). Further, if so it is due to danger, and we do not bless on matters due to danger! Kitzur Shulchan Aruch says that he blesses. One should not, for it is a Safek.

ix.

Kaf ha'Chayim (52): Divrei Shalom (48) says that if one rose at midnight and was not asleep at the time, he need not wash his hands alternating, for Ru'ach Ra'ah does not dwell on him. However, he must wash his hands for cleanliness, like we wash before eating. He blesses. Ben Ish Chai says that he must wash properly. Even though Rabbeinu Zalman, Misgeret ha'Shulchan and Amudei ha'Shulchan say that one blesses only after midnight, surely the custom is like the Ben Ish Chai says. Safek Berachos Lehakel does not override a custom. However, if one woke up before midnight to drink water or use the bathroom and he will go back to sleep, he washes properly without a Berachah. However, if he woke close to midnight in order to bless Birkos ha'Shachar and say Tikun Chatzos (lamentations over the Churban), then he blesses before midnight.

x.

Kaf ha'Chayim (53): If one partied or worked until after midnight and did not sleep until afterwards, he must wash properly and bless in the morning. The Rashash (R. Shalom Shar'abi) says that there is no Ru'ach of Tum'ah after midnight and he need not wash, he wrote that this is because he woke at midnight and drew the Mochin (powers of intellect) through Berachos. Also his grandson (Divrei Shalom 48) relied on the Berachos and Divrei Torah (to say that there is no Tum'ah). Therefore, if one was awake until after midnight and did not bless Berachos and then slept, even the Rashash would obligate Netilas Yadayim in the morning with a Berachah. Only if he said Birkos ha'Shachar, Tikun Chatzos and engaged in Torah, then when he wakes in the morning he washes three times without a Berachah. If he only engaged in Torah but did not say Birkos ha'Shachar, I am unsure if he should bless Al Netilas Yadayim. The custom is to bless.

xi.

Mishpatei Uzi'el (3 OC 1): R. David Shapiro proved from Zevachim that there is no Ru'ach Ra'ah on one who is awake at night. If one was offering Korbanos the entire night, he is Mekadesh in the morning. He washes his hands and feet together, without a separation between him and the floor. If there is Ru'ach Ra'ah on one's hands, he may not spill the water used to wash them in a place where people walk! This is unlike the Birkei Yosef (Shiyurei Berachah 4:1, who says that Linah disqualifies Netilas Yadayim, just like it disqualifies Kidush). R. Yitzchak Nisim Rachamim said that surely there is no Ru'ach Ra'ah in the Mikdash, so we cannot learn to outside the Mikdash. Also, even if there were Ru'ach Ra'ah there, there is no alternative, and nothing bad will result from a Mitzvah. I reject the proof from Zimun. Perhaps the Kohanim washed into a Keli before Kidush over the floor! Also, perhaps engaging in Avodah prevents Ru'ach Ra'ah from dwelling on the hands. To resolve the Ari Zal's opinion about whether Ru'ach Ra'ah dwells on one who did not sleep at night, we can say that it dwells, unless he was engaged in Torah or Avodah.

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