Dear friends, I apologize for the delay. I am currently traveling, and we have a special edition of Bekeeim BaHalacha from Marrakesh, Morocco this morning. We will be here for a couple of days, Be'ezrat Hashem, celebrating joyous occasions. Yesterday, I was unable to provide the usual introductions due to Taanit Dibur, which limited what I could say. However, today we return to our regular format. We are using the Viko Mizrahi edition, dedicated for refuah sheleimah for Chaim ben Mazal, with a heartfelt prayer, El na refa na lo, among all the sick of Israel. This dedication comes from his sons. Additionally, we have the Dan Yaakov Bekeeim BaHalacha sixth edition, and today marks day 24, dedicated by Zita and Yachiel Weinstein, in gratitude to Hashem for the gift of our holy children. Indeed, that is a precious gift. If you are following along, we are on page 66. Let us take a moment for a coffee break and recite the blessing: Baruch Atah Adonai Eloheinu Melech Ha'olam shehakol nihiyah bidvaro.
Now, we begin a very interesting halacha. I must admit that I was unaware of this detail until I prepared for today’s discussion. Yesterday, we learned that one should primarily wash their hands to the wrist when performing netilat yadayim. However, the Shulchan Aruch presents an opinion stating that washing only up to the knuckles is sufficient. For instance, on days when washing is prohibited, such as Yom Kippur and Tisha B'Av, we wash only to the knuckles. Otherwise, we strive to wash up to the wrist. It is important to note that washing to the wrist is considered a stringency. Due to this stringency, Chacham Ovadia advises that one should make a stipulation when adopting this practice. He suggests saying, “I acknowledge that I am being stringent, but I do not accept this as a permanent practice.” This way, one will not be bound by a neder.
The law states that if one performs an action repeatedly without stipulating, it becomes like a neder, which means they must continue that practice unless they undergo hatarat nedarim. For example, if someone consistently washes to the wrist without making a stipulation, and one day they find themselves with only a minimal amount of water, they would be unable to wash to the knuckles, as they have accepted this stringency upon themselves. Thus, they would need to go through the process of hatarat nedarim, where they explain to three people that they accepted this practice without intending it to be a neder, and they would be absolved from it. However, if they made the stipulation, they would be fine. By stating, “I recognize this is a stringency, but I am doing it bli neder,” they can revert to washing to the knuckles if necessary.
This is the opinion of Chacham Ovadia. However, the Kabbalists hold a different view. They follow the teachings of the Arizal, who asserts that washing to the wrist is mandatory. From their perspective, it is not seen as an extra measure. If one were to ask the Arizal, he would affirm that this is the correct manner for performing netilat yadayim. Therefore, according to this opinion, the stipulation does not apply. The Kabbalists maintain that if one lacks sufficient water, they should wash as much as they can, but the expectation is to wash to the wrist.
According to the opinion that washing to the wrist is a stringency, Chacham Ovadia emphasizes that since Maran brought both opinions outside of Kabbalah, if one adopts a stringency repeatedly, it becomes their practice. To avoid making it binding, one must declare their intention before washing. This rule of making a stipulation applies only if one is aware that washing to the wrist is a stringency. If one mistakenly believes that washing to the wrist is mandatory, then their practice does not become binding, even without a stipulation. In such a case, they can revert to washing to the wrist or knuckles without any issue. Ignorance in this context works in one’s favor, as their acceptance of the practice was based on a misconception.
We now turn to halacha 18: "If one washed their hands up to the knuckles and has no more water, they may recite the blessing on netilat yadayim." This is permissible because, according to the letter of the law, washing to the knuckles is sufficient. This is also the practice on Yom Kippur and Tisha B'Av, where we wash to the knuckles, albeit not for bread. Nonetheless, it is acceptable to recite the blessing in this case.
The same applies to someone who has an injury on their hand that prevents them from washing fully. They can wash up to their knuckles and fulfill the requirement. The Chachamim taught us in Masechet Chullin that the mitzvah of netilat yadayim is to pour water on the hands up to the joint. However, the definition of “the joint” has been debated among the Rishonim. Rabbeinu Yitzchak Alfasi and Rabbeinu Yonah concluded that it is necessary to pour water on the entire hand up to the wrist. This ruling is echoed by the Rashba and Rabbeinu Bahya. Conversely, many Rishonim, including Rashi, Tosafot, and others, ruled that washing to the fingers is sufficient.
This presents a fascinating machloket among the Rishonim. Maran, in the Shulchan Aruch, cites the Rambam, who states that one must pour water up to the joint, yet does not clarify what that means. He cites Rabbeinu Yerucham, who testified that the custom follows the stringent opinion of Rabbeinu Yitzchak Alfasi: washing to the wrist. Maran concludes that this is the recommended practice since it does not pose any difficulty. Indeed, it only requires washing a few inches more from the knuckles to the wrist, which is not overly burdensome.
Furthermore, since netilat yadayim is rabbinical, one might think to lean towards leniency and wash only to the knuckles. However, Maran emphasizes that if it is easy to wash to the wrist, one should do so. This is not an overwhelming difficulty. The Talmud states that Rav Chisda washed his hands with an abundance of water and was blessed with wealth. Thus, there is a blessing associated with using plenty of water.
Maran stresses that it is best to declare that one observes the stringency as a voluntary practice, not as a neder. This declaration allows one to disregard the stringency in situations where water is limited. In the Shulchan Aruch, Maran writes that a person must wash their hands up to the wrist. He does not raise any doubts in this ruling but acknowledges that some poskim ruled that washing to the knuckles is sufficient. He concludes with a recommendation to follow the first opinion, which is to wash to the wrist.
It appears clear that Maran ruled that technically, one can wash to the knuckles, but it is recommended to be strict and make the stipulation. The Ben Ish Chai wrote that halacha does not follow the lenient opinion. Nevertheless, in cases of necessity, one may rely on the lenient opinion but must refrain from reciting the blessing on netilat yadayim. The Ben Ish Chai, being a Kabbalist, insists that once the Arizal mandates washing to the wrist, that is the only acceptable practice.
Chacham Ovadia expressed his discontent with the Ben Ish Chai's assertion that halacha does not follow the lenient opinion, as Maran indicated that the halacha indeed follows that opinion. Despite many Rishonim supporting the stringent view of Rabbeinu Yitzchak Alfasi, it is essential to recognize that many others ruled leniently. The Terumat HaDeshen cited a principle that in cases of doubt regarding halachot of netilat yadayim, we follow the lenient opinion. This principle underlies Maran's lenient ruling in this matter.
Thus, netilat yadayim is a rabbinical obligation, and we typically lean towards leniency. Maran brought forth the lenient opinion, and therefore Chacham Ovadia disagrees with the Ben Ish Chai's ruling regarding the blessing. On the contrary, Chacham Ovadia asserts that one should indeed recite the blessing when washing to the knuckles.
Maran decided that the Ben Ish Chai felt halacha was determined by the Arizal, which is correct. Since the Arizal teaches that one should wash to the wrist, there should be no doubt remaining. The Ben Ish Chai concurs with this ruling, and that is the opinion of Chacham Ben Zion and Kaf HaChaim. Once we recognize the Arizal's authority, we need not concern ourselves with other opinions. Chacham Ovadia respects the Arizal but maintains that he is another posek and does not override Maran and the other Rishonim.
Maran HaRishon LeZion rejected the notion that we must always follow the Arizal's stringent opinion. Therefore, we conclude that regarding netilat yadayim, we may be lenient. In practice, if someone has an injury on their palm or the back of their hand that must remain dry per medical advice, they may perform netilat yadayim up to the knuckles where they meet the palm. This refers to the second set of knuckles that align with the palm, not the first set.
Earlier in Halichot Olam, Maran HaRishon LeZion explained that since we rule that one can fulfill the mitzvah of netilat yadayim in this manner, one may also recite the blessing. The principle of safek berachot le-hakel does not apply here, as we have established that the mitzvah can be performed this way. Once the mitzvah is legitimate, the blessing follows.
This is a vital point we addressed today. How will this morning's discussion impact your lives? After our Zoom call, you will have the opportunity to declare your intention. The next time you wash for bread, you can do so without waiting until the bread is ready. You will say, “I am now aware that washing to the wrist is a stringency, and I will do it bli neder.” This stipulation will enable you to wash to the knuckles in times of need without requiring hatarat nedarim.
If you did not make that stipulation and have continued washing to the wrist, you may have inadvertently accepted a neder upon yourself. However, many people who washed to the wrist believed it was mandatory. According to Chacham Ovadia, this misunderstanding means it was not a neder. Therefore, you can now make the stipulation properly. If you were aware that washing to the wrist was extra and did not stipulate, you would need to go through hatarat nedarim if you wish to use less water.
This halacha is fascinating. Although the Ben Ish Chai would insist on washing to the wrist, we must recognize that the Arizal learned directly with Eliyahu HaNavi, which adds a layer of authority to his teachings. The Ben Ish Chai would argue that there should be no doubt regarding the necessity of washing to the wrist. We are not suggesting that one should wash only to the knuckles; rather, we are clarifying the parameters for situations where water is limited.
According to Chacham Ovadia, one can still recite a blessing when washing to the knuckles, which is a beautiful aspect of today’s discussion. Be'ezrat Hashem, we will continue this conversation tomorrow. I am unsure if we will meet at 8:00 AM due to the six-hour time difference, but I will set up the Zoom meeting and inform our administrators to share the details. Wishing you a yom tov and blessings from all the tzaddikim.