2020/5780

Uniform Sephardic Practice?

The hallmark of Sephardic Halacha is adherence to the rulings of the Rav Yosef Karo, the author of the Beit Yosef and Shulchan Aruch.  Thus, one would expect Sephardic practice to be a uniform and unvarying adherence to the rulings of Rav Yosef Karo. However, this is far from the case as there is considerable variation in Sephardic practice.  The question of whether Sephardic Jews use one or two Kosot (goblets) at a Sheva Brachot is a good example of the evolution of varying Sephardic traditions and practices.  

Pesachim 102b

Pesachim 102b serves as the backdrop for this debate.  The Gemara teaches that two Kosot are utilized in the odd case that Birkat HaMazon and Kiddush are recited consecutively.  One Kos, the Gemara explains, may not be used for these two Mitzvot since this is seen as degrading the Mitzvot.    

The Gemara calls this “bundling Mitzvot together”, “Ein Osin Mitzvot Chavilot Chavilot”.  Were we to use one Kos for both Birkat HaMazon and Kiddush we would be trying to kill proverbial two birds with one stone, which makes it appear as if we (God forbid) regard the Mitzvot as a burden.  

However, the Gemara notes that we do use one Kos on a Motza’ei Shabbat heading into a Yom Tov.  On such occasions we follow the opinion of Rava to recite “YaKNHaZ”, or Yayin, Kiddush, Ner, Havdalah and Zman (Borei Pri HaGefen, Kiddush, Borei Me’orei HaEish and SheHechiyanu in that order). The Gemara wonders why this does not violate the rule of “Ein Osin Mitzvot Chavilot Chavilot”.  

The Gemara answers that the YaKNHaZ situation differs since Kiddush and Havdalah are fundamentally “one matter”, whereas Birkat HaMazon and Kiddush are two different matters.  This idea fits perfectly with the Rambam’s understanding of Havdalah (Hilchot Shabbat 29:1). 

The Rambam views Havdalah as the other side of the coin of Kiddush.  In other words, the Mitzvah of “Zachor Et Yom HaShabbat L’Kadesho” (remember the Shabbat day to make it holy, Shemot 20:8) teaches us to mark the unique stature of Shabbat both at its beginning and end.  Accordingly, Kiddush and Havdalah are truly “one matter.” Thus, using one Kos for both Kiddush and Havdalah is not Osin Chavilot Chavilot since one is using the Kos for what are essentially the same Mitzvah – to designate a specific time interval as holy.  

Tosafot

Tosafot (ad. loc. s.v. She’Ein) presents two opinions as to whether Sheva Brachot after a meal during the new couple’s seven celebratory days (Shivat Yemei HaMishteh) requires one Kos or two Kosot.  Tosafot begins by recording the custom of some to require two separate Kosot. This is because using the same Kos for Birkat HaMazon and the special six added Brachot to bless the Chatan and Kalah violates the rule of Ein Osin Mitzvot Chavilot Chavilot.  This approach does not see the Borei Pri HaGefen and the six special Brachot as “one matter” and thus two Kosot are required.  

However, Tosafot continues and cites the opinion of Rabbeinu Meshulam who argues that one Kos suffices.  Rabbeinu Meshulem believes that this does not run afoul of the rule of Ein Osin Mitzvot Chavilot Chavilot since they are “one matter”.  They are “one matter,” explains Rabbeinu Meshulam, since we do not recite the added six Brachot without first reciting Birkat HaMazon on a Kos.  

Tosafot conclude by noting that under the Chuppah two separate Kosot are customarily used for the Brachot upon Eirusin and the Brachot on Nisu’in.  Eirusin and Nisu’in are two separate matters since although it is now customary to conduct these two components of a Jewish wedding at the same occasion, this most certainly was not always the case.  Thus, since fundamentally the two components of the wedding need not occur at the same time, Eirusin and Nisu’in are seen as two separate matters.

Tosafot adds that even today when we perform Eirusin and Nisu’in at the same occasion we customarily read the Ketubah between these two parts of the ceremony to deliberately create a Hefseik (interruption) to distinguish between Eirusin and Nisu’in.  Thus, Eirusin and Nisu’in even today remain two distinct matters which require two separate Kosot. One gets the impression from Tosafot that even Rabbeinu Meshulam would agree with this point.      

Shulchan Aruch

Rav Yosef Karo in the Shulchan Aruch (Even HaEzer 62:9) presents both opinions cited in Tosafot.  He presents both opinions as “Yeish Omerim,” there are those who say.  Rav Karo presents the opinion of Rabbeinu Meshulam who argues that one Kos suffices as the second opinion.  The conventional understanding of the Shulchan Aruch is that when Rav Karo presents both opinions a “Yeish Omerim,” the intention is to follow the second opinion.  

In this case Rav Karo makes his preference for the second opinion quite clear, as he notes regarding the second opinion that the Minhag (custom) has spread to follow this opinion.  Indeed, the Tur (Even Ha’Eizer 62) notes that the custom among Spanish Jews is to recite Sheva Brachot on only one Kos. Rav Karo, as is well known, was born in Spain and left due to the Expulsion in 1492 at the age of four.  He fled to Turkey as an adult, made Aliyah to Eretz Yisrael and settled in Tzefat.  

The Rama, though, notes that the custom among Ashkenazic Jews is to require two Kosot.  This remains the uncontested and undisputed Ashkenazic practice until this day, as is well known.  

Minhag Yerushalayim – Chida and Rav Ovadia Yosef

Surprisingly, Sephardic Jews who follow Minhag Yerushalayim (basically all Jews who lived from Egypt to the east) use two Kosot for Sheva Brachot.  Why does this group of Sephardic Jews not follow the ruling of Rav Yosef Karo, as they most often do?  

The change happened as a result of an eighteenth century Sephardic authority of great stature, the Chida.  The Chida (Teshuvot Chaim Sha’al 2:35:2) observes that the widespread custom in both Eretz Yisrael and Egypt is to use two Kosot at Birkat HaMazon.  The Chida even makes a startling assertion that Rav Yosef Karo was so preoccupied with his Torah writings and rabbinic duties that he did not realize that the Minhag in Eretz Yisrael is to use two Kosot!

I understand the Chida to mean that Rav Yosef Karo was so accustomed to the Minhag of Spanish Jews with whom he was raised in Turkey that he did not notice the different practice of Jews in Eretz Yisrael.

Rav Ovadia Yosef (Teshuvot Yabi’a Omer 9 Even HaEzer 22) suggests that the Minhag in Eretz Yisrael changed from the fifteen century, when Rav Karo lived, to the eighteen century when the Chida lived.  Rav Ovadia notes that there are other cases in which the Minhag changed from the time of the Beit Yosef to the time of the Chida[1].  

Chacham Ovadia surmises that the reason for the change in the Minhag is to satisfy the stricter opinions that require two Kosot.  He notes that Rabbeinu Tam, the Rosh, the Ramban, and the Mordechai, all authorities of high prominence, all demand two Kosot be used for Sheva Brachot.  

We add that even though Rav Karo rules that one Kos suffices, he does not forbid satisfying the stricter view and using two Kosot.  Thus, the changed Minhag among Sephardic Jews in Eretz Yisrael does not run against the ruling of Rav Karo, it simply seeks to satisfy a higher standard.   

In any event, Rav Yosef records a plethora of later Sephardic authorities who note the practice in Jerusalem and all of Eretz Yisrael is to use two Kosot for Birkat HaMazon.  Rav Ovadia, in turn, adds his full endorsement of this practice despite its deviation from the ruling of Rav Karo. He writes that “Oseh Chadashot Ba’al Milchamot,” one who introduces a new practice causes fights and friction and this must be avoided!

North African Custom – Ribi Shalom Messas

Ribi Shalom Messas (Teshuvot Shemesh U’Magein 2 Yoreh Dei’ah 29), however, notes that North African Jews until this day maintain the custom recorded by Rav Karo to use only one Kos for Birkat HaMazon. This is hardly surprising since many, if not most North African Jews descend from the refugees of the Spanish Expulsion2.   

Ribi Shalom adds a further defense to the opinion of Rabbeinu Meshulam to use one Kos.  He notes that today we recite Birkat HaMazon on a Kos only when we recite Sheva Brachot.  Now more than ever, argues Ribi Shalom, are the Borei Pri HaGefen on the Kos for Birkat HaMazon and the other six special Brachot for the Chatan and Kallah considered “one matter” regarding which one Kos would suffice.  

Moreover, Ribi Shalom (Teshuvot Shemesh U’Magein 4:87) fires back at Rav Ovadia arguing that North African Jews who recite use one Kos for Birkat HaMazon are hardly Oseh Hadashot since their custom dates back to the custom practiced already at the time of Rav Yosef Karo and even earlier during the days of the Tur (1270-1340).  

Conclusion

Among the highlights of twentieth century Sephardic Halachic literature are the rich debates that rage between Rav Ovadia and Ribi Shalom. Ours is one of dozens of these beautiful debates which emerge from time to time from the divergence in practice from North African and other Sephardic Jews.  

Sephardic practice is not a monolith, despite the Sephardic allegiance to the rulings of Rav Yosef Karo. The divergence emerges as to how to interpret and implement Rav Yosef Karo’s rulings.  Viva la difference and may we honor and respect both sides of this most interesting debate!

[1] One should not err and argue that the Sephardic Jews in Eretz Yisrael were influenced by the practice of their Ashkenazic brethren.  Ashkenazic Jews did not live in Eretz Yisrael in significant numbers until the mid eighteenth century when the followers of the Ba’al Shem Tov and the followers of the Vilna Ga’on began to settle the land.