The Amazing Lomdus of Why Sefek Sefeika Applies By Sefiras Ha'omer and Not Other Brachos

This Torah class is brought to you by [music] torahanytime.com. Good morning everyone. Shalom aleichem, baruchim habaim. Welcome back to the newsman here in Kehilas Tiferes Mordechai. We have an amazing topic today regarding the subject of Sefiras HaOmer. It is well known and you should have it on your sheet. I think I need one also. I have a This is Siman Taf Peh Tes, De'e Sefiras HaOmer. In Siman Taf Peh Tes, as I'm sure everyone is familiar with, the halacha is that if you forgot and you did not make Sefiras HaOmer at night, then there's a way to rectify it by counting during the day. In the Siman HaMechaber in Siman Taf Peh Tes of Zayin, in the Shulchan Aruch, it's Sif Tes Zayin. Let me tell you what the Mechaber says first and we'll see it in the Shulchan Aruch. Shachach u'varach kol halaila, yisbor bayom b'lo bracha. Case so if you forgot your count, you could count during the day without a bracha. Says the Mishna Berurah, according to many poskim that b'dieved Sefiras Hayom, it works. B'dieved counting during the day works. So let's say last night you didn't say the Sefirah right now, you could say Hayom Shiva asar yom shem shnei shavuos. Shlosha yamim la'omer. Shouldn't say it standing. Yeah, the Sha'ar HaTziyon says that the Bahag in Hilchos Shavuos and the Rambam poskin niktzar bayom kosher. If you cut the the Omer during the day, it's it's okay. And we know counting is totally on the ketziras ha'omer. V'ya du'a d'rachmana talya Sefirah b'ketzirah d'chasiv meihachal chermesh bakama tachel lispor. Although you could push off and like like Tosefos says, even if ketzirah vayom kosher, but Sefirah needs temimus. Fine. But there is a a valid opinion that um Sefirah bayom, it works b'dieved. Fine. So if you forgot to count during the day, you count during if you counted forgot to count at night, you count during the day without a bracha. Now the question is, why don't you make a bracha during the day? Because many Rishonim hold that the zman of Sefirah is only at night. And when you make a bracha during the day, it's a bracha l'vatala. So now the question is, but what do I do tomorrow? Because according to many poskim, I was not yozei by counting during the day. The whole reason I don't make a bracha when I count during the day is because many poskim say I'm not yozei by counting during the day. So what do I do tomorrow? According to many poskim, I didn't count uh the day before. Let's say somebody didn't count last night and this morning he wakes up he says Hayom Shiva asar yom shem shnei shavuos. Shlosha yamim la'omer. He can't make a bracha in the morning. So he's not making a bracha in the morning. How can you make a bracha tonight that tonight on the 18th, but he missed today? So the Mishna Berurah has a wild chab. Well, everybody knows Everybody knows the Mishna Berurah's chab. Regarding counting on the 17th in the day with a bracha, it's one safek. Since it's one safek, you can't make a bracha mi'safek. Safek um safek bracha is l'hakel. But the one safek, can you count Sefirah during the day? You can't make a bracha on one safek. But regarding tomorrow, you have two sfeikos. You have a sfek sfeika. What's the sfek sfeika? The sfek sfeika is maybe counting during the day is valid. And even if it's not valid, many Rishonim hold that every day is a separate mitzvah. We bring in the an additional factor. We bring in the factor that even if you miss a day, you could continue to count with a bracha. The Mishna Berurah says, uh the reason you count without a bracha d'yeish l'chashash l'da'as haposkim d'ein zman Sefirah ela balaila. U'k'she mevarech bayom l'vatala. So if b'chol laila b'bracha, I've but you skipped? No, aval lo have a k'dei l'gmarei hagmarei. It's not like you completely skipped. She'ein osei for o b'vracha, you can't count anymore with a bracha. Why not? Why isn't it like you missed a day? So the Sha'ar HaTziyon says the famous Sha'ar HaTziyon sub chatan dam hei. Sha'ar HaTziyon says, this is the psak of the Trumas HaDeshen brought in the Beis Yosef. Why? Mishum d'havei sfek sfeika l'chiyuva. Safek d'b'dieved Sefirah zman kol hameis la'is. Safek maybe count the whole 24 hours even in the day. Bayom t'mtzei la'omer k'da'as haposkim And even according to the poskim that you can't count during the day, af al pi kein harbei poskim maskimin d'ein hayomim ma'akvin zeh lazeh. Um many poskim say the days are not ma'akvin each other. U'l'inyan zeh lo yibuyin al temimus. And if you missed a day, you don't need temimus. By the way, the poskim that say that every day is a separate mitzvah seem to be supported by the fact that we make a bracha every single day. Why do we make a bracha every single day? Must be because each day is a separate mitzvah. Simply. Even though you could you could say other explanations. So the Mishna the the Sha'ar HaTziyon is bringing in the possibility of sfek sfeika l'chiyuva. Ew, in other words, maybe safek I could count during the day and even if I can't, many pei- poskim hold ein yamim ma'akvin zeh lazeh and you don't need temimus. Look in Tosefos in Menachos daf samech vov and in the Shibolei HaLeket in the name of Rabbeinu Yeshaya. Uh Dr. Fuchs say related? For sure. M'stama. And also the Maimer Mordechai and the Na'ar Shalem and the and other Acharonim. Not like the Pri Chadash. The Pri Chadash says that if we're choshesh for the poskim that we don't make a bracha during the day, that must be why we need temimus. So then, if you skipped a day, if you if you counted during the day, tomorrow you shouldn't be able to count with a bracha uh because you need temimus and this is not muchrach like Tosefos says in Menachos. So so bottom line is, the bottom line is what the Biur Halacha seems to be saying is, the din temimus maybe was not said regarding the days being ma'akvin each other, only that you need to count at night. Meaning well, neman that temimus requires you to say that night and therefore if you say it in the day, you won't make a bracha. But if you did say it in the day, temimus doesn't say you can't continue to count with a bracha. The bottom line is, what do we see from this Mishna Berurah? That we could utilize sfek sfeika to continue to make a bracha. So if you missed a day, what's the halacha? What's the halacha if you missed a day? You're down for the count because now it's only one safek. Do you need to count every day to continue to make the bracha? Or maybe every day is an independent mitzvah. So if you missed a day, it's only one safek. Safek bracha is l'hakel. But if you if you missed the night and you count during the day, it's a sfek sfeika. You could continue to count with a bracha. Let's If you missed a day, right? >> Yes. Can you continue saying Sefirah with a bracha? You have to >> Yeah. Uh So Dr. Fuchs is asking a gevaldige she'eila. Okay, we say if you missed a day, you can't con- continue counting with a bracha. But uh can you continue counting without a bracha? Yes. Not only can you, you're obligated to. Because according to many Rishonim, every day is a separate a separate mitzvah. So in deference to the Rishonim that say it's one long mitzvah, you can't ca- you can't make a bracha. But in deference to the Rishonim that say every day is a separate mitzvah, you have to continue to count without a bracha. Okay? But from here we see that we utilize sfek sfeika to be able to say a bracha. Now, says the Mechaber. The Mechaber continues. Im shachach l'varech l'chameim if you forgot to count one day, bein yam rishon, bein mishar yamim, soifer b'shar yamim b'lo bracha. If you forgot if you forgot to count today, you count the other days without a bracha. What if you're not sure if you counted? Most you know, most people they they get inevitably there's somebody Did I count? So what? What How do you not remember? I don't So usually there's a story. There's always a bad story. The story is usually well, I finished my netz zeira early and I left shul. So I said, why in the world would you have counted then? How would you have reme- Cuz I think maybe I counted, right? There's always a reason There's always some kind Usually it happens on Shabbos. Um Anyway, for whatever reason, the guy doesn't remember if he counted. He doesn't have He doesn't remember. So then, the Mishna Berurah says as follows. If you forgot to count for sure and you didn't remember to the next night, or let's say what happens often is uh let's say tonight 18. He said, what? I counted 16 last night. That also happens. People they count the They think they counted the wrong day. So the rest of the days, you count without a bracha um because the brachas are ma'akvin. Now, you do count the rest of the days, like Dr. pointed out, you will count like the many places that each day is a separate bracha by itself, but you won't make a bracha to be choshesh for the opinion that you need to be matir cuz you and you don't have. By the way, if you're masupik whether you missed the night, instead of just counting without a bracha, the best thing to do is go over to somebody and ask them to be matir to you. That's the simple solution. The simple solution is if you missed the night, go to someone and say, "Pal, um I missed the night." What? See, so you know, you that might be embarrassing for you. So, you say, you know, "I became bar mitzvah in the middle of Sefirah." So, he said, "But you're 73 years old." No, no, no, I look older than than I really am. Say he's 83. I'm 83, yeah. I became bar mitzvah during Sefirah. Make up some I don't know if you're allowed to make up. It's I don't know if it's one of the things that you can make up. You know, if you need to it might it might be there might be an allowance. You could come up with a story or the your dog ate your homework. Okay? And anyway, the Mishna Berurah says that the correct thing to do is to listen to the bracha from the shaliach tzibur or uh from one of the mevakchim and answer amen. Now, you could just one second. Could you just listen to the shaliach tzibur? Um There's a big How about another eitzah? By the way, l'chatchila, if you're going to hear it from the shaliach tzibur, you need to ask them to be matir to you, l'chatchila. Cuz the shaliach tzibur is not having in mind to be matir to people. But another easy eitzah is you could be the chazan and then be matir to someone else. But it's not pashut you could be matir to someone else cuz since you missed the night, maybe you're no longer mechayev in the mitzvah. I mean, that's why a rav like says Sefirah for that purp- for that reason. Okay. We'll see. We're going to get to the what what a rav does. Next. What if you're not sure if you missed the night? So, now you're back, you have a safek sefeika, right? Says the Mishna Berurah, aval numasupik in dilug yom echad, v'lo yisaber av yom asuv av yom, if you skipped the night, then you count the other days with a bracha. Says the Mishna Berurah, de'ika safek sefeika. Now, you have a safek sefeika. Maybe I didn't miss, and even if I missed, maybe the halacha is like the poskim that every day is a mitzvah by itself. Says the Mishna Berurah rule, the din would be anytime that I have to go count again, but I don't make a bracha because of a safek, if I don't go back and count, I could continue to to count with a bracha. Why? Safek sefeika. Mishna Berurah says uniformly, we will apply the rule of safek sefeika when it comes to Sefiras HaOmer. So, anytime um I would have to count again, but without a bracha, if I don't, I could continue to count with a bracha. So, so far we've seen two scenarios where we apply safek sefeika. Number one, I didn't count a night and I counted during the day without a bracha, I could continue to count with a bracha, safek sefeika. Maybe each day is by itself, and even if it's one long mitzvah, maybe counting during the day works. Or if I'm not sure if I missed the night, maybe I didn't, and even if I did, maybe maybe every day is a mitzvah by itself. This is safek sefeika l'chiyuva. I mean, yeah, the Mishna Berurah uses it like we just pointed out, at least three times by Hilchos Sefiras HaOmer. Safek sefeika l'chiyuva. First of all, maybe I didn't miss, and even if I missed, maybe every day is a mitzvah by itself. Finish Sefirah. You want to know how late in the day could you count without Stan? How late in the day could you count without a bracha? Generally say we like this. Let's say regarding Mincha, the Mishna Berurah is of the opinion that l'chatchila you need to finish Mincha before shkiya. The Mishna Berurah is of the opinion it's better to daven Mincha b'yichidus before the shkiya than to daven with a minyan after the shkiya. So, there are many shuls in the neighborhood, they daven Mincha routinely after shkiya. Not only do they not finish before shkiya, they they start after shkiya. L'chatchila, it's better to daven, according to the Mishna Berurah, b'yichidus. However, so now I'm I'm going to say in the world of the Mishna Berurah. In the world of the Mishna Berurah, that shkiya is, you know, is is night, there's still an allowance of 30 minutes that if b'dieved you didn't daven Mincha, you could still daven Mincha up to 30 minutes after the shkiya. Once 30 minutes come, you may not daven Mincha anymore, you'll daven Maariv twice. So, l'chatchila l'gabei Sefiras HaOmer, we'll give you 30 minutes, l'chatchila, even though Is all that safek sefeika there also? If it's there. I mean, if what? If you counted without a bracha? I mean, now the now it's going to work against you because you're right, I counted during the day, but it could be I have factors that say that it's the next day already. Hold on to that, okay? You're you're saying it works maybe the other way. Okay? Hold on to that. Right now, we've seen a few examples of safek sefeika l'chiyuva. All the poskim ask the following question on the Mishna Berurah, that the rule is we do not say safek sefeika by rofes. The Mishna Berurah himself in siman kuf, second, in siman resh tes vav sif katan chaf, the Mishna Berurah talks about the following scenario, okay? This is Hilchos Brachos. What's the halacha? How much does a person have to eat to make a bracha acharonah? You got it. Let's say you're eating uh marble cake, sponge cake. You make a al hamichya. You're You're eating jelly beans, you make a borei nefashos. How much do you have to eat? Are you allowed to eat a kazayis? That's correct. What if I eat less than a kazayis? I do not make a bracha acharonah. Same thing with liquid. If you drink less than 3.3 oz, you do not make a bracha acharonah. What? Havdalah. Yeah, oh that's Havdalah, you should definitely try to, you know, drink at least 3.3 oz. Okay. But what's the halacha if I have less than a kazayis, but I had an entire beri'ah? For example, let's say I ate a grape. I ate the whole grape, but it's less than a kazayis. But it's a beri'ah. You make a bracha acharonah? Yeah. It's a safek. I don't get it. It's a safek. There's a strong case to be made you could, but l'halacha you can't, couldn't safek. Okay? Let's say I'm not sure if I had a kazayis, but even if I didn't have a kazayis, I had a whole beri'ah. So, that's a classic case of safek sefeika. I uh Maybe the halacha Maybe I had a kazayis, and even if I didn't have a kazayis, I ate a beri'ah. And there Maybe if I ate a beri'ah, I have to make a bracha acharonah. That's one of the classic cases of safek sefeika. Where I'm not sure if I ate a kazayis or not, but I definitely had a beri'ah. Says the Mishna Berurah at the end of siman resh tes vav, kasuv acharonim da'afilu yesh safek sefeika l'hatzrich bracha. The poskim say that even if there's a safek sefeika to require bracha, k'gon safek achal kazayis o lo, v'im timtza lomar lo achal, shama halacha d'al beri'ah af ilu b'ngazal mevarchin, afilu achi safek o lo achal v'lo y'varech. You do not make a bracha. Why? Safek sefeika does not uh allow you to make a bracha because bracha is a very chamur. There's an idea that a bracha l'vatala might be an issur d'oraysa of lo sisa shem Hashem of carrying Hashem's name in vain. So, therefore, the Be'er Halacha says, whenever you have a safek sefeika, you don't make a bracha. That's an open sefeika to everything he says in Hilchos Sefiras HaOmer. Right, you have a kasha? That's a kasha. One times, 10 years ago, I said over this kasha Shabbos afternoon, 20 minutes before Mincha. I saw it in an article written by Rabbi Avraham Dovid Waxman. He brought the shaila in the Yated Ne'eman. The second day of ER, that's today, 5777. Okay? That's the kasha. The kasha of the Mishna Berurah. He brings the following answer. The answer of the Maskil le David in Shaalos u Teshuvos Maskil le David in the Shaalos u Teshuvos Mikhtav le David Siman Gimel. He says very simply that when does the Mishna Berurah hold that you don't allow a safek sfeika to allow you to make a beracha? That's by a regular beracha. Which berachas are derabbanan. So since berachas are derabbanan, even if you have a safek sfeika to make it, but it's only midderabbanan, so we'll be lenient and we say don't make it. But everybody knows there is a very strong possibility that Sefiras HaOmer is deoraisa. Who holds Sefiras HaOmer is deoraisa? Who remembers? The Rambam holds Sefiras HaOmer is deoraisa. The Rambam says Sefiras HaOmer is deoraisa. The Biur Halacha brings in the beginning of Siman Tav Pei Daled as he brings the Daas HaRambam, the HaChinuch, She However, the Tur and the Shulchan Aruch in many poskim hold it's only Zecher le Mikdash. And by the way, the Biur Halacha brings many many Rishonim that say it's deoraisa. Namely, Rabbeinu Yeshaya holds it's deoraisa. And Rabbeinu Binyamin and also the Raavya. And Rabbi Yehudai and Rav Amram and the Ritz Geus. By the way, let's just say over the lomdus of of the Brisker Rav very quickly. Why would the Rambam say Sefiras HaOmer is deoraisa? Is it because he holds that Sefiras HaOmer pashtus is it should be derabbanan because you only count when you bring the korban, but we don't bring the korban, so why in the world should it be deoraisa? Does the Rambam hold that Sefirah is not linked to the korban? So we say over almost every year that no, because the Rambam does not bring Sefiras HaOmer in Hilchos Pesach or in Hilchos Shavuos. He brings Hilchos Sefiras HaOmer in Dinei Temidim u Musafim in Dinei Korbanos. That's definitely mashma that Rambam holds it is linked to Korbanos. So the Brisker Rav says the Rambam holds it's linked to the korban, it's not linked to the actual bringing of the korban, it's linked to the possibility of bringing the korban. And since the Rambam holds Makrivin Kol HaKorbanos Kulom Af Al Pi She Ein Bayis Banui that we could still bring Korbanos today, so since you could bring Sefiras deoraisa, even if you don't actually bring, Sefirah will still be deoraisa. So the Maskil le David says the answer to the stira is that by Sefiras HaOmer we do use safek sfeika. Why? Because the beracha is very chomer because if it's deoraisa. I don't really like that answer. Then why not one safek, one safek it should be enough to be mekhuyav, you know? It's not that the beracha is deoraisa, it's the beracha is derabbanan, that's mekhuyav. Right. I don't love that answer. Because the Shulchan Aruch says that uh if you're mesupak whether you counted or not, you continue to count with a beracha because of safek sfeika, but the Shulchan Aruch himself holds Sefirah is derabbanan. So maybe what are you going to say that the Shulchan Aruch would argue on that other Mishna Berurah and he would say we always do use safek sfeika? Nah, I don't love that answer. Because it only it doesn't really it maybe it works for the Mishna Berurah, but the Mechaber holds Sefirah is derabbanan and yet he still says that out safek sfeika you could continue to count with a beracha. I would say a different answer. And then we'll see something very quickly. This is what I would say. What's the halacha if you're the rabbi in the shul and you forgot to count? This is a famous thing. What's the halacha? You're the rabbi, you forgot one night. Now you have to get up there. Yeah, it's it's embarrassing. Saying what are you good for other what's what do you need a rabbi for other than to say the beracha aloud for the congregation? I mean basically you need a rabbi for to count Sefirah and then to for unveilings. Otherwise what do we need a rabbi for? AI does everything else, you know? But AI can't count a Sefirah for you. The shliach tzibbur can say a amein against to give it to the rabbi, you know? Yeah, maybe shliach tzibbur also. So there's a following psak of the Shevet HaLevi. And uh yeah, the Shevet HaLevi says like this. Mhm. Rav Ashal Tzibbur She Dilei She Dug LeYom Echad. Um Okay, here's one trick. One trick is don't go. Don't make a beracha. I'll be motzi you. You hear this? You tell the guy not to make the beracha. So even though you yourself can't make the beracha because you forgot, but you could tell the guy you don't make a beracha, I'll be motzi you. But many poskim say you can't do that. Maybe the Chasam Sofer says you can't do that. Um because if you're if you're not chayav in the beracha, then you can't use aravus to be motzi the other guy possible. To my foikes. It's very not pashtus what what what the night to be that it's very not pashtus. I'm not going to get into that right now, okay? Some say you can't do this. What does he say? Bring um Like the Pri Chadash. Okay, fine. Um The Yeshua Kosher. This is the Shevet HaLevi in Chelek Gimel Siman Samech Daled Beis. That if the rabbi forgot to count one night and he's he always counts berabim and if you're going to tell him that he can't count with a beracha, it's going to be a bizayon and it's going to be a zilzul kavod haTorah. Then he makes the beracha. And he is someech on the Rishonim that every day is a mitzva bifnei atzmoi. That's if out of busha, even though it's Now, again, it's only a safek. It's not like for sure he can't make a beracha, it's a safek. So bemakom busha, so he's allowed to make the beracha. Relying on many Geonim. As it is well known, if I'm not mistaken, the Brisker Rav held that if you miss a night stama d'azai, you can continue counting with a beracha. Okay, so this is a psak of the Shevet HaLevi. That if somebody maybe even a shliach tzibbur, let's say the shat the shat, he's wearing the shat hat. You hire you paid the big bucks to come. He makes the beracha every night and he forgot. It's the second day. He's like sweating. What happened? He forgot the first night. Why? He doesn't count Sefirah, you know, you know, whatever. He's not that's not his thing. He's a chazan, but you know. Anyway, many uh poskim say that even if you miss a night, you could continue counting with a beracha. So listen to what he brings over here. He brings So the Shevet HaLevi says under these circumstances, the rabbi, the chazan can continue to that to to uh make berachas uh Sefirah. He brings from Sefer Otzar HaChaim of Komarna. That Talmidei Ba'al Shem Tov stama d'azai, if they miss a night, they can continue to count with a beracha. Whose opinion is this? Rav Hai Gaon. The Ri. Sefer HaMakhri'a. The Rosh. The Manhig. Roiv minyan u'binyan of the Rishonim and the Poskim hold this way. By the way, here he brings the Shiur of the Mishna Berurah Halacha. He says the reason why these tzaddikim don't follow the Shulchan Aruch is because in the times of the Shulchan Aruch, if you would tell someone don't make a beracha, then they would know they still have to count. But bizman hazeh where people are amei ha'aretz and if you could tell them not to make a beracha, they're not going to count not realizing that the ikar is the counting and it's not such a big deal that they're not making a beracha. Okay, that's the ration that's one of the rationales. So so a Rav that's an answer to the Yalkut Sofer. Why then this because of busha on the Rishonim? What do you do the next day? Then he's not out of busha. No, then he doesn't make a beracha. He doesn't make it. Not back cuz I'm making a beracha. That kind of shiyur. He's only doing it out of embarrassment. I I'm not into the the I would hope the rabbi doesn't forget, you know? Thing this is No, is the rabbi is he what that says in terms of switching and he you know that Ah, it's so nice. But uh I'm not talking about the rabbi case cuz I want to talk about the rabbi. I'm just bringing from that case. How does it make sense you're telling the rabbi to continue to make a beracha? It's a safek beracha. Safek beracha it's a it's a safek of lo sisah. It's a very serious thing to make a beracha levatalah. How could you tell a rabbi that he could make a beracha me safek? Lo sisah according to the Rambam is deoraisa. Out of embarrassment? I think the explanation is cuz the ikar we hold that every day is a mitzva by itself. It's only one shita. It's only one shita. It's only a very minority view that if you miss a night, you can no longer count with a bracha. Now, we treat brachos very, very strictly. So, therefore, in deference to a minority view, if you miss a night, you don't continue to count with a bracha. But, it's really mamesh a shash kol dehu. It's not It's not that we're really mesupak can you continue count with a bracha. We're not really mesupak. Really, the mitzvah you could still do It's very important to tell people that if they miss a night, they're still mekayem the mitzvah fundamentally every other day. It's just out of the the carefulness we have for a bracha, we tell people, "Listen, you know, in deference to the shita that every that it's one long mitzvah you can't continue count with a bracha. But, be'ikar, you are doing a mitzvah derabbanan or deraisa count this first omer. So, therefore, but, if you're mesupak if you counted or if you counted in the day, and now you have a safek safeka lechiyuva, then of course you're going to count. Oh, what do you mean? But, the rule is we don't use safek safeka to make brachos. Of course we don't use safek safeka to make brachos. But, but, but by sfira we would. You know why? Because we don't really take so seriously the opinion that it's one that if you miss a night, you can't can't continue to count. The proof is the Rabbi case. That shows that we don't really take it so seriously. I think the Brisker Rav held straight up if you miss a night, you just continue counting with a bracha. For sure the Beis HaLevi, you know, the Beis HaLevi has another cop. Beis HaLevi says if you miss a night, you don't continue with a bracha, but the seventh and the 14th and the 21st and the 28th, you do make a bracha. Because you may have lost the mitzvah of counting days, but still mitzvah to count weeks. But, even without that, there the preponderance of opinions is every day is a mitzvah by itself. It's only a mamesh a zehirusis. It's almost a zehirus yesera that if you miss a night, you don't continue counting with a bracha. But, be'ikar, we're going to go like the Mishna Berurah in siman uh reish taz vav subkatan chaf, we don't make brachos out of safek safeka. Can I just end off by sharing with you one more case of safek safeka by brachos? It's very interesting. Let's talk about hilchos netilas yadayim. If you eat less than a kabeiah, and do you make a bracha on netilas yadayim? The Mechaber says in siman kuf nun chaf, if you ate less than a kabeiah, you wash your hands without a bracha. Why? The Mishna Berurah explains, regarding tumah, less than a kabeiah is not mekabel tumah mid'oraisa, and therefore your hands are not going to make the food tamei. So, therefore, you could say they were not gozer on the netilah. On the other hand, since it's chashuv legabei birkas hamazon, cuz you ate a kazayis, so it's chashuv even legabei netilas yadayim. Therefore, you wash your hands mesafek, but you don't make a bracha. Okay? Less than a kabeiah, you don't make a bracha. Says the Mechaber, "And what if I eat less than a kazayis?" Some say I don't even have to wash my hands, cuz that's not even achila It's not even chashuv legabei birkas hamazon. So, you want to eat bread less than a kazayis, then um you many say you don't have to wash your hands. The Taz paskens you don't have to wash your hands. The Gra holds you don't have to wash your hands. However, many acharonim say you do, and therefore we're machmir and you wash your hands without a bracha. Which is why pashtus on karpas, why in the world should you have to wash your hands? Even by bread, be'ikar, you don't have to wash your hands less than a kazayis. Why by karpas would you have to? And that's why the Mishna Berurah, originally when he wrote Mishna Berurah, he said, "You don't have to wash your hands." And then in the second edition, the Mishna Berurah changed his mind. Because even on bread less than a kazayis, Now Now, the Mishna Berurah didn't say you don't have to wash on karpas. He said you don't have to wash less than a kazayis. He was machmir according to the Gra, karpas and therefore needs to be more than a kazayis. The Gra was machmir on karpas davka more than a kazayis. Right. I know, but it's much more It's le- The din of the halacha is for sure more lenient than washing for bread. So, even for bread less than a kazayis, the Shulchan Aruch says you don't have to wash your hands. And the Gra paskens that way. Certainly for uh davar shetibulo bemashkeh. And in the original edition Mishna Berurah, Mishna Berurah said, "Davar shetibulo bemashkeh pachus mikazayis, pashut, you don't have to be machmir and wash your hands." And he's changed his mind in the new Mishna Berurah. It's the only time Mishna Berurah ever changes his mind. But, if he held you eat more than a kazayis and have to make a bracha acharonah, Ah. So, why did the Gra do? Brian? The Gra held you you make birkas hamazon. But, nowadays it became heaven forbid to eat more than a kazayis. One time the Chofetz Chaim accidentally made a bracha on Now, by the way, the Gra holds you eat more than a kazayis and you make a bracha on netilah. And one time the Chofetz Chaim forgot and he made a bracha, and the son-in-law was afraid to tell him that he was afraid of chazanim and he got very upset and he told him, "So, okay, new. One time I followed the Gra baruch Hashem." But, let me get up to the safek safeka. Less than a kabeiah, you wash netilas yadayim without a bracha. Less than a kazayis, fundamentally shouldn't have to wash. We're machmir and we wash. Now, 1 second. Says the Mishna Berurah, "What if I ate a kabeiah, but I ate a kabeiah without the shell? Without the eggshell, then I wash with a bracha." Practice Shevet HaLevi. But, everybody knows the opinion of the Nodeh BiYehudah and the Chasam Sofer that our eggs are shrunk. Right? You ever heard that? It's a famous thing. The Nodeh BiYehudah and they measured the eggs, and he said that the eggs in the time of the Gemara were double the size of our eggs today. What about the drop cuz uh Now, some say that's cuz the Nodeh BiYehudah was twice the height of anybody. He was the tallest guy in the generation by far. And they Okay, I'm not going to get into that. They found on the that island, Mount Vesu- you know, where the where the volcano erupted, and it preserved everything under lava, they found eggs. Pompeii. Pompeii. They found eggs. And the eggs are the same size. They did it They didn't shrink. And some poskim use that halacha. But, there is a chumra of Nodeh BiYehudah and the Chasam Sofer that our eggs shrunk. So, if our egg shrunk, if you eat an egg's worth, let's say you eat an egg of bread, why should you have to wash? Safek safeka. First of all, it's only half an egg. And even if it's a full egg, ready for this? Listen to this. He says, "According to the Nodeh BiYehudah and the Chasam Sofer that the eggs in our time shrunk, and the shiur beitzah is like two beitzim." Says the Shevet Shevet HaLevi, "If you eat one egg, you have to wa- you have to wash with a bracha. Why? Cuz it's only a safek that they shrunk." So, since the chiyuv netilah it's a machlokes haposkim, is it a kazayis or is it a kabeiah? So, it's a safek safeka to be mechuyav a bracha. Why? Let's say I ate one egg. First of all, let's say I ate an egg. So, you say, "How can I wash and how can I make a bracha?" But, it it might be a half an egg. The answer says, "Well, maybe, but maybe it didn't shrink." And even if it shrunk, maybe you have to wash on a kazayis. So, says the Shevet HaLevi, "If you e- ate an egg's worth of bread, you wash with a bracha." I, but the Nodeh BiYehudah says that the egg shrunk. No, safek safeka lechiyuva. Maybe it didn't shrink. And even it shrunk, maybe I have to wash on a kazayis. That's against what I just said. Cuz he's using safek safeka lechiyuva even not by sfira so omer. The only thing is, it's a stira to the Mishna Berurah later on that the Mishna Berurah says that if I'm mesupak if I ate a kazayis, but I definitely ate a beitzah, I don't make a bracha because we don't make a bracha by safek safeka. So, why here do I make a bracha by safek safeka? Maybe here maybe to maintain what I was saying, cuz maybe the shita of Nodeh BiYehudah and the Chasam Sofer is also not such a We're not really so worried that it shrunk. Maybe we're not really so We're only going to be worried by deraisas. We're makpid by deraisas. We're not generally makpid by derabbanans. Everyone is a fishegel chanoine lazeis. Anyway, you could think about these. I'm giving you three machlokes. Halachos sfira, we say safek safeka allows you to make a bracha. Halachos brachos siman reish kaf vav subkatan chaf, Safek Safeka does not allow you to make a bracha. But by Hilchos Netilas Yadayim, the Shevet HaLevi says Safek Safeka would allow you where you eat a K'beitzah and he doesn't allow the Shasha, the Noda B'Yehudah, that the egg shrunk to disturb that. Have a great day everyone. Shkoyach. You've just experienced another Torah class brought to you by torahanytime.com.