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Home > Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour > May One Answer a Halachic Question Before Reciting Birkot Ha’Torah in the Morning?
Podcast: Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
Episode:

May One Answer a Halachic Question Before Reciting Birkot Ha’Torah in the Morning?
Category: Religion & Spirituality
Duration: 00:00:00
Publish Date: 2025-09-25 13:00:00
Description: A person may not learn Torah after waking in the morning until he recites Birkot Ha'Torah. Does this apply to answering a Halachic question? It occasionally happens that as a Rabbi walks into the synagogue in the morning, he is approached by somebody with an important Halachic question. May the Rabbi answer the question if he had not yet recited Birkot Ha'Torah? The Rama (Rav Moshe Isserles, Cracow, 1520-1572), in his glosses to the Shulhan Aruch (Orah Haim 47:4), writes that a Rabbi may give the bottom-line answer, without explaining the rationale, as this is not considered Torah study. Later Poskim disagree in understanding the Rama's ruling. Some explain that this applies only situations such as a monetary dispute, for example, if two parties had presented their case to the Rabbi the previous day, and now, in the morning, he is asked which party is correct. Naming the correct party does not at all qualify as Torah learning, as no Halacha is stated, and thus Birkot Ha'Torah is not required. By contrast, stating, "Forbidden" or "Permissible," or "Kosher" or "Not kosher," according to this opinion, indeed qualifies as Torah study, and such a response is therefore forbidden before the recitation of Birkot Ha'Torah. Hacham Ovadia Yosef understood the Rama's ruling differently, as permitting all bottom-line responses. According to Hacham Ovadia's interpretation of the Rama, simply stating a Halachic ruling of any kind does not constitute Torah learning as long as no explanation is given for the ruling. Regardless, the Mishna Berura cites the Vilna Gaon (Rav Eliyahu of Vilna, 1720-1797) as disputing the Rama's lenient position, arguing that even a bottom-line Halachic ruling may not be spoken before one recites Birkot Ha'Torah. Hacham Ovadia Yosef notes that other Poskim appear to maintain this position, as well. There is a discission among the Poskim as to whether a person who is asked a Halachic question while immersing in a Mikveh – where Torah learning is forbidden – may answer the question. Some forbid answering the question, even without providing an explanation for the ruling – clearly indicating that, according to these Poskim, even a brief, bottom-line ruling qualifies as Torah study. Given the different opinions, Hacham Ovadia concludes that a Rabbi should ensure to recite Birkot Ha'Torah (followed by the customary recitation of the verses of Birkat Kohanim) before answering Halachic questions in the morning, and should not even give a bottom-line ruling before Birkot Ha'Torah. Summary: Some Poskim allow one to answer a Halachic question before reciting Birkot Ha'Torah, as long as he gives only the bottom-line ruling, without any explanation. However, as this matter is subject to debate, one should act stringently in this regard, and refrain from answering Halachic questions before reciting Birkot Ha'Torah.
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