Halachically Speaking: Eating and Drinking Before Hearing the Shofar

halachically speaking vol 4By Moishe Dovid Lebovits. We spend most of the day davening in shul on Rosh Hashanah. The davening usually concludes long after a normal Shabbos or Yom Tov davening. Even though it is the day of judgment, it is very difficult to avoid eating until after mussaf. Over the years, the practice has developed to eat and drink at a small break before the shofar is blown.[1] Is this practice recommended? Is kiddush required beforehand? Is there a difference when Rosh Hashanah falls out on Shabbos and the shofar is not blown? Which foods and drinks are permitted? How much? What are some of the other halachos which apply to this break? All these concerns will be discussed in this issue.

Eating Before Mitzvos – Introduction

The Shulchan Aruch rules in many different places that eating before fulfilling a mitzvah is not allowed. For example, the Shulchan Aruch[2] says that one may not eat before taking a lulav on Succos.[3] On the first day he has to stop eating even in middle of the meal.[4] On the other days, he does not have to stop as long as there is enough time in the day to perform the mitzvah after the meal. Some opine that the second day of Yom Tov has the same halacha as the first day.[5] Other discussions concerning eating before a mitzvah include: before mincha and maariv,[6] before bedikas chometz,[7] before megilla reading,[8] and before Chanukah lighting.[9]

Reason

The reason for not eating (and various other activities) before doing mitzvos is that we are afraid that one will forget to do the mitzvah since he is preoccupied with eating.[10]

The Rokeach[11] brings down that as a chavivus to a mitzvah, Chassidim would fast before performing mitzvos such as lulav and others.

Tasting – Hilchos Lulav

The Magen Avraham[12] says that although eating is prohibited, tasting is permitted.[13] However, one should not be lenient unless it is a great need.[14] Tasting means eating no more than a kebeitzah of bread, but there is no limitation on fruit[15] or non-intoxicating beverages.[16] Eating an item made with the five grains is permitted, as long as one does not make a meal from it.[17]

Introduction to Eating Before Shofar

All these rules should apply to shofar as well. Therefore, some question the practice of making kiddush before tekios[18] and eating more than the allotted shiur of mezonos.[19]

Some poskim wonder why the halacha of not eating before shofar is not mentioned in the Gemara or Shulchan Aruch,[20] since this halacha is discussed in regard to many mitzvos. Some explain that since Rosh Hashanah is the day of judgment one will not forget to stop eating to hear the shofar (see below).[21]

Shofar – Forbidden to Eat

There are poskim who say that a healthy person should not eat before shofar. The Matei Ephraim[22] prohibits eating before shofar, and a weak person should eat in private.[23] Harav Henkin zt”l[24] is quoted as saying that one should not eat before tekios (except for sick people).

Eating Before Shofar –Reason for Custom

The Sdei Chemed[25] says that in his days it was common for people to make kiddush and drink tea even before laining. There were many talmidei chachamim in the crowd, and no one protested.[26]

The Sdei Chemed only permitted drinking; however, the custom of many is that even a healthy person may eat a small shiur of food as well. What is the rationale for this?

The Tzitz Eliezer[27] explains as follows: The prohibition of eating before performing a mitzvah is because we are afraid that one will forget to do the mitzvah since he is preoccupied with eating. On Rosh Hashanah, however, everyone eats together, and the entire break is over in a short period of time. It is very unlikely that the entire congregation will forget about the shofar because of the eating. Therefore, it is permitted to make kiddush and eat and drink within the parameters expressed above (see “Tasting”).

Others offer a unique explanation for this heter: During the era when the Sanhedrin established the calendar based on witnesses’ sightings of the moon, they would not blow shofar until the witnesses testified. The witnesses most often would not appear until the latter part of the day. Chazal did not impose a prohibition to eat until tekias shofar because it would constitute too great a burden to require everyone to wait until the end of the day to eat.[28] Even today, when we have a set calendar, there is no restriction on eating before shofar.

The Moadim V’zemanim[29] says we know that one is supposed to have simchas Yom Tov, and the long davening may limit the simchas Yom Tov. Therefore, we eat a bit at the break.[30]

Another argument is that we make a break for the older people and women who need to eat because the davening is too long. Once we are making a break, the healthy people may also eat.[31]

In any case one should make sure not to overeat, as a full stomach will hinder his concentration.

Women

The restriction on eating before tekias shofar is more lenient in regard to women, because they are generally exempt from time-bound mitzvos like listening to the shofar.[32] There are poskim, however, who hold that although women are technically exempt from listening to shofar, they have nevertheless accepted this mitzvah upon themselves as an obligation.[33] Based on this view, it has become customary all over the world for women to go to shul to listen to the shofar, or else to hear the shofar at home.

Not all poskim, however, agree that women have accepted upon themselves an obligation from which they are clearly exempt.[34] Some poskim rule, therefore, that women are not obligated to listen to tekias shofar.[35] Although most women follow the stringent opinion, a woman who must eat before tekias shofar may do so,[36] even if the amount of food she requires is considered a kevius seudah.

Custom in Yeshivos

The custom of many Yeshivos is for everyone to go to the dining room, hear kiddush and eat.[37] Others are not happy with this since everyone eats publicly.[38] It would be preferable that those who are weak should make kiddush and eat in private.[39]

Custom of Some Gedolim

The Steipler zt”l used to recite the zohar and other tefillos during the break. In his later years he recited portions of tehillim.[40] He did not make kiddush before tekios.[41] Harav Moshe Feinstein zt”l did not eat before tekios.[42] Harav Elyashiv zt”l[43] and Harav Yisroel Belsky Shlita do not eat or drink before tekios.

Weak Person

If one is weak and will not be able to concentrate without eating, he should make kiddush and eat and drink. This should be done in a discreet manner.[44] One may drink coffee and tea without kiddush according to many poskim.[45]

Appointing a Shomer

In a place where a person reminds people to go to shul for mincha or maariv, it is permitted to eat a regular meal before davening, since people will not forget to daven.[46] The poskim do not mention this as an option to permit a person to eat before hearing the shofar.[47]

Rosh Hashanah on Shabbos

When Rosh Hashanah falls out on Shabbos, the shofar is not blown. Therefore, some poskim say that one may eat before mussaf. However, one is still bound by the halachos that apply to eating before mussaf on a regular Shabbos, as discussed below.[48] Others feel that one should not eat even when Rosh Hashanah falls out on Shabbos.[49]

Kohanim and Eating at the Kiddush

A kohen who wishes to duchan at birchas kohanim should not drink a reviis of wine because he will not be in the correct state of mind to perform the mitzvah.[50]

Leaving Sifrei Torah on the Bimah

During the break on Rosh Hashanah, the custom of most places is to place the sifrei Torah on the bimah, covered with a tallis. This may be considered a disgrace, since the sifrei Torah are left alone, and the shul is empty of people. Is this the preferred method, or is there an alternative? Often, there are a few people who do not eat and remain in the shul, so they can watch the sifrei Torah. Some recommend returning the sifrei Torah to the aron kodesh before the break.[51] There are a few disadvantages to this approach. First, the shofar reminds us of Har Sinai (Torah), so it is appropriate to keep the sifrei Torah on the bimah for shofar. In addition, the half kaddish that is said before mussaf applies to returning the sifrei Torah to the aron kodesh. If one would place them in the aron kodesh before the break, then no half kaddish would be said before mussaf. The custom of most places is to leave the sifrei Torah on the bimah, covered with a tallis.[52]

Tallis and the Break

People frequently remove their tallis during the break. Usually the break is not for more than 20-30 minutes. The question arises whether one has to recite another beracha on his tallis when he returns from the break. Some require a new beracha,[53] but the custom is not to recite a new beracha unless the break is for more than two hours.[54]

Eating Before Mussaf in General (not necessarily related to Rosh Hashanah)

There is a discussion in the poskim if one is permitted to eat before Mussaf on Shabbos. There is a minority opinion that holds one may not even taste food before Mussaf,[55] but the halacha does not follow this opinion and one is allowed to taste before Mussaf.[56] This includes bread up to a kebeitzah, fruit, and mezonos.[57] There are some poskim who say that even a meal would be permitted if one feels ill and needs to eat in order to concentrate.[58] However, this is not the overwhelming custom unless one is weak.[59] In addition, there is a discussion whether one who eats before davening is required to make kiddush. There are some who are lenient, since the obligation for kiddush may only apply after davening,[60] but most poskim require kiddush prior to eating before davening.[61] If one does not have wine or other valid beverages for kiddush, he can be lenient.[62] If there is no food, then one should drink an entire reviis of wine.[63] There is a discussion in the poskim if one may eat before mussaf by appointing a shomer to remind him to daven mussaf after he finishes eating.[64]

[1] See Katzei Hamatei 588:4, Natei Gavriel page 288:footnote 1, teshuva pages 451-457.

[2] 652:2, Chai Adom 148:16, Kitzur Shulchan Aruch 137:5. Refer to Meseches Succah 38a, Shabbos 9b. See Besamim Rosh 74, Moed Lechol Chai 23:160.

[3] Refer to Biur Halacha 652 “ossur” who says this applies to other activities as well.

[4] Mishnah Berurah 8.

[5] Taz 3, Mishnah Berurah 8.

[6] Shulchan Aruch O.C. 233. Refer to Kulo Machmadim 14.

[7] Shulchan Aruch O.C. 433, Magen Avraham 445:2.

[8] Shulchan Aruch O.C. 692. Refer to Nishmas Avraham 1:page 330.

[9] Shulchan Aruch O.C. 672:5.

[10] Refer to Rashi Meseches Shabbos 9b “ad”, Tzitz Eliezer 6:7, Moadim V’zemanim 1:4.

[11] 353.

[12] 652:4.

[13] This is the opinion of others as well (Erech Shai 652).

[14] Mishnah Berurah 7.

[15] Refer to Shulchan Aruch 232:3, Mishnah Berurah 35.

[16] Magen Avraham 17, Mishnah Berurah 232:3, Heishiv Moshe 19.

[17] Mishnah Berurah 232:34.

[18] Refer to Oles Shmuel 83, Tzemech Yehuda 1:38, Betzel Hachochma 4:147, Mekadesh Yisroel 133.

[19] Avnei Yoshpei 4:82:2.

[20] Divrei Bineyahu 13:43.

[21] Ibid. Refer to Tosefta Meseches Shabbos 1:7, Magen Avraham 692:7.

[22] 588:2. Refer to Maharsham 1:1, Pe’as Sudcha 2:130.

[23] Teshuvos V’hanhagos 4:137.

[24] Yeshurun 20:page 160:2, see Bnei Bonim 1:14, 2:page 233. Refer to Minchas Yitzchok 5:111.

[25] Mareches Rosh Hashanah 2:pages 88-89:31.

[26] Refer to Mekadesh Yisroel 133.

[27] 6:7, 7:32, 8:21, 18:18:3, 20:23, see Chasam Sofer Y.D. 7, Meoros Nosson (Purim) 34, Nefesh Chai (Margoles) 584, Minhag Yisroel Torah 585:3.

[28] Hisoreros Teshuva O.C. 1:225.

[29] 1:4. Refer to ibid for additional reasons.

[30] Moadim V’zemanim 1:4.

[31] Nezer Hatorah 7:page 96.

[32] O.C. 589:6.

[33] See Magen Avraham (O.C. 489:1, concerning sefiras ha-omer) who says that women have accepted [certain] time-restricted mitzvos as obligations. He does not, however, single out shofar more than any other time-restricted mitzvah. Chai Adam (141:7) and R’ Akiva Eiger (Teshuvos 1, addendum) also state that women have accepted shofar as an obligation.

[34] See Nezirus Shimshon (quoted in Sdei Chemed, Ma’areches Mem, 136) and Teshuvos Sha’arei De’ah 2:237.

[35] Salmas Chaim 1:88.

[36] Eishel Avraham Butchatch 589, Chai Adam 141:7, Kitzur Shulchan Aruch 129:19. Refer to Rivevos Ephraim 3:393:2, 4:144:32.

[37] Opinion of Harav Shlomo Zalman Aurbach zt”l as quoted in Lev Avraham 1:page 18.

[38] Refer to Minchas Yitzchok 5:111.

[39] Divrei Bineyahu 13:43.

[40] Orchos Rabbeinu 2:page 182:4. Refer to Darchei Chaim V’sholom 716:page 251.

[41] Orchos Rabbeinu 2:page 181:1. Refer to Chelek Levi 189.

[42] As related by Harav Aron Felder Shlita.

[43] As quoted in Chag B’chag page 113:footnote 79.

[44] Matei Ephraim 588:2.

[45] Katzei Hamatei 588:5. See Orchos Rabbeinu 2:page 181:1.

[46] Rama O.C. 232:2, Mishnah Berurah 235:18.

[47] Refer to Peshat V’iyan Meseches Berachos page 98:447, Piskei Teshuvos 585:2.

[48] Opinion of Harav Yisroel Belsky Shlita, see Mikadesh Yisroel (Yomim Noraim) 140.

[49] Moadim V’zemanim 8:1:4, Teshuvos V’hanhagos 4:138, 5:179.

[50] Refer to Shulchan Aruch 128:38, Ohr Hahalacha 1:page 56:38, Moadim V’zemanim 1:4. See Kaf Hachaim 286:26.

[51] Ze Hashulchan 500:page 80, Katzei Hamatei end of 590:28, Gam Ani Odcha 86:19 (page 178).

[52] Harav Yisroel Belsky Shlita, see Elef Hamagen 621:6, Oles Noach 7:pages 31-33, Teshuvos V’hanhagos 2:277, Be’er Eliyahu O.C. 3:76, Refer to Matei Ephraim 590:37.

[53] Orchos Rabbeinu 1:page 2 (additions to chelek 1).

[54] Kol Amunim 1:page 28:1.

[55] Refer to Meseches Berochos 28b.

[56] Meseches Berochos 28b, Taz 286:2.

[57] Shulchan Aruch 286:3, Magen Avraham 1, Mishnah Berurah 8. For a discussion on this refer to Birurei Chaim 1:pages 329-333.

[58] Bach O.C. 286, Chasam Sofer O.C. 69, Mishnah Berurah 9, Shar Hatzyion 9, Kaf Hachaim 31, Aruch Hashulchan 13.

[59] Refer to Magen Avraham 286:1, Taz 2, Mishnah Berurah 9. Refer to Shulchan Aruch 286:3, Aruch Hashulchan 286:13, Kaf Hachaim 31, Yabea Omer O.C. 5:22, see Nishmas Shabbos 2:362.

[60] Birchei Yosef 386:7, Daas Torah 286:3, Ikrei Hadat O.C. 13:3, Ohr L’tzyion 2:2:14. Refer to Chelek Levi 189:page 72.

[61] Magen Avraham 286:1, Erech Shai 652, Biur Halacha 286 “achila,” 289 “chovas,” Aruch Hashulchan 286:14, Kaf Hachaim 286:24, Aprakasisa D’yana 1:65, Hisoreros Teshuva 138, opinion of Harav Shlomo Zalman Aurbach zt”l quoted in Yeshurun 15:page 122, Nishmas Shabbos 2:364, Mikadesh Yisroel (Yomim Noraim) 137, Shevet Halevi 4:54:3, Betzel Hachochmah 4:147, Igros Moshe O.C. 2:26:2, , Avnei Yoshpei 1:66.

[62] Sharei Teshuva 1, Mishnah Berurah 386:9, Kaf Hachaim 28, Yabea Omer O.C. 5:22. Refer to Minchas Shabbos 77:34, see Kovetz Bais Aron V’Yisroel 12:pages 107-111.

[63] Mishnah Berurah 286:7.

[64] Refer to Sharei Zevulun 13:page 69-73 in great depth.

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