ותן טל ומטר (And give dew and rain)
[1] (Halacha 113)
Question: Why do we say both Mashiv HaRuach U'Morid HaGeshem and also V'Sein Tal U'Matar?
Answer: Our tefillah for rain is composed of two parts: a) Mention ('we mention the powers of rain'). b) Asking, requesting. That is to say1: in tefillah we are like a servant who requests his needs from his master, who first arranges the praise of his master and afterward requests a reward from his master.
Therefore2 before we ask and request from Hashem that He give us the rain, we 'arrange the praise of the Omnipresent'3, and mention His powers that He brings down rain, and afterward we request from Him that He give us the rain.
Question: Why is the mention in the second bracha and the asking in the eighth bracha?
Answer: The Sages established the mention in the bracha of 'Mechayeh HaMeisim' (Resurrector of the Dead) because rains are equated with the resurrection of the dead, for just as the resurrection of the dead gives life to the world, so too the rains give life to the world4, and they customarily say the mention before saying 'Mechalkel Chaim B'Chesed' since rain is sustenance and livelihood5. And the asking they instituted in the ninth bracha since in this bracha we request livelihood, and the rains are a necessity for livelihood6.
Question: Why do we begin saying Mashiv HaRuach U'Morid HaGeshem on Shemini Atzeres, but 'V'Sein Tal U'Matar' only on the 7th of Marcheshvan?
Answer: In truth we should have7: 'by law mentioned and desired from the first day of Yom Tov of the festival of Sukkos, for on the festival of Sukkos we are judged regarding the water, but because the rains are a sign of curse on the festival of Sukkos, for it is impossible to sit in the sukkah at the time of rain, we do not mention rain until the passing of the seven days of dwelling in the sukkah'.
And regarding the asking — the request, we should have8 asked and requested immediately after the festival on the night following Shemini Atzeres, for Eretz Yisrael is a land of mountains — and it is impossible to irrigate mountains with rivers, and therefore they need rain — and in the language of the pasuk9: 'וְהָאָרֶץ אֲשֶׁר אַתֶּם עֹבְרִים שָׁמָּה לְרִשְׁתָּהּ אֶרֶץ הָרִים וּבְקָעֹת לִמְטַר הַשָּׁמַיִם תִּשְׁתֶּה מָּיִם' ("And the land which you are crossing over there to possess it is a land of mountains and valleys; from the rain of the heavens it drinks water"), and nevertheless the Sages deferred the asking and the request until the 7th of Marcheshvan, and the reason is 'so that the last one in Eretz Yisrael who went up for the festival pilgrimage would reach his home at the Euphrates River, this being the most distant place from Yerushalayim from which they went up for the festival pilgrimage, and the rain would not impede him during his return to his home'10 .
Question: Now that the Beis HaMikdash has been destroyed and there is no festival pilgrimage, why do we wait for the 7th of Marcheshvan?
Answer: The Alter Rebbe wrote11: 'and even after the destruction they would likewise gather from all the surroundings in Yerushalayim for the festival pilgrimage, as is done even today, therefore the enactment of the Sages who instituted the asking in Eretz Yisrael on the 7th of Marcheshvan was not nullified'. That is to say, the Sages did not want to nullify this enactment since even after the destruction Jews continued to go up for the festival pilgrimage, and therefore they left the enactment in place12.
Footnotes:
1 שוע"ר סי' קיב ס"א ↩
2 שוע"ר סי' קיד ס"א ↩
3 שוע"ר סי' קיז, ס"ד ↩
4 ברכות לג, א. שוע"ר סי' קיד ס"א ↩
5 שוע"ר סי' קיד ס"ז ↩
6 שוע"ר סי' קיז שם ↩
7 שוע"ר קיד שם ↩
8 שוע"ר קיז שם ↩
9 דברים יא, א ↩
10 וראה ביאור נפלא בתקנה זו בשיחת ליל ז' מ"ח התשמ"ו ↩
11 סי' קיז ס"א, מיוסד על דברי הר"ן בתענית (ד, א מדפי הרי"ף ד"ה ואיכא למידק). וראה לקו"ש ח"כ ע' 55 והערה 17 ↩
12 וראה גם שו"ת התשב"ץ ח"ג סי' רא. ובלקו"ש שם ↩
[2] (Halacha 114)
Reminder: From the night of the 7th of Marcheshvan we begin in Eretz Yisrael to say V'Sein Tal U'Matar Livracha'!
Question: A resident of Eretz Yisrael who said V'Sein Tal U'Matar before the 7th of Marcheshvan — must he repeat the tefillah?
Answer: It is a settled halacha that one who mentioned rain in the summer days has not fulfilled his obligation and must repeat the tefillah, since rains in the summer season are a sign of curse1.
But the question regarding the beginning of winter from Shemini Atzeres onward, where on the one hand we mention Mashiv HaRuach U'Morid HaGeshem2, and on the other hand it is forbidden3 to say V'Sein Tal U'Matar until the 7th of Marcheshvan as explained in the Shulchan Aruch4, so this is an in-between period during which from the standpoint of the land's need it is the time of rains, but from the standpoint of the Sages' enactment it is forbidden to ask for rain. And therefore the poskim deliberated regarding one who erred and said V'Sein Tal U'Matar — whether he fulfilled his obligation or whether he must repeat the tefillah.
And in truth the poskim are divided on this question: Rabbi Akiva Eiger5 cited the Toras Chaim6 who wrote that since after the festival it is not a sign of curse, therefore we do not make him repeat. That is to say, the test for repeating depends on the principle of a sign of curse, and since there is no curse here there is no repeating, and so wrote several of the Acharonim7. And some added8 the reasoning that nowadays the matter does not impede the festival pilgrims.
However, on the other hand, in the Sha'arei Teshuvah9 he wrote regarding one who erred in the Mincha tefillah of the day before the day of asking for rain and asked, that by law he must repeat the tefillah and he was prevented and did not repeat, and at night the asking took effect, he should pray Maariv twice, only he should pray the second one as a voluntary offering (nedavah)'. We see explicitly in his words that it was obvious to him that before the time one repeats. And so wrote several of the Acharonim10.
And likewise it is precise (and as noted in the Responsa Lehoros Nosson11) from the poskim12 who deliberated regarding a resident of the Diaspora [who begins to say it only from the 60th day after the tekufah — (I will write about this with the help of Hashem)] who erred and mentioned V'Sein Tal U'Matar before the time, and all of them as one answered and said that from the 7th of Marcheshvan until the tekufah he does not repeat — it is proven from their words that before the 7th of Marcheshvan he repeats.
And likewise it is precise from the language of the Alter Rebbe here, who wrote13: 'and likewise if in these lands the individual erred and asked for rain from the 7th of Marcheshvan onward he is not obligated to repeat'. And so it was noted in the Shulchan Aruch HaRav, the Rabbi Avraham Alashvili edition14. And so wrote Rabbi Levi Yitzchak Raskin in the Kitzur Shulchan Aruch with the rulings of the Alter Rebbe15, and so several of the Acharonim ruled in practice16.
And the reason for the matter: in the Responsa Avnei Yashpeh17 he wrote to explain that this time, from Shemini Atzeres to the 7th of Marcheshvan, although from the standpoint of the ground it is not a time of curse, but since from the standpoint of the festival pilgrims it is an impediment, therefore it is considered a time of curse18. And in the Responsa Lehoros Nosson there he wrote that it is like one who deviates from the formula that the Sages coined.
And likewise in the Ketzos HaShulchan19 he wrote that the reason that from the 7th of Marcheshvan he does not repeat is because in Eretz Yisrael they are already asking, (and if so, it emerges from his words that before the 7th of Marcheshvan, when even in Eretz Yisrael they are not asking, he must repeat).
Therefore in practice a person who mentioned V'Sein Tal U'Matar before the 7th of Marcheshvan has not fulfilled his obligation and must repeat the tefillah.
Footnotes:
1 שוע"ר סי' קיז ס"ג, וסי' קיד ס"ד ↩
2 שוע"ר סי' קיד ס"א ↩
3 כלשון קודשו של הרבי בשיחת ליל ז' מ"ח תשמ"ו ↩
4 סי' קיז ס"א ↩
5 בהגהות לשו"ע אות ג ↩
6 למהרח"ש ח"ג סי' ג ↩
7 אורחות חיים ספינקא סק"א. תהל"ד סק"ב. תורת חיים סופר סק"ו. שו"ת חיים לעולם (להר"ח מודעי) חאו"ח סי' א. שו"ת יבי"א ח"ה סי' טו וח"י סי' י. אור לציון ח"ב פ"ז אות לא ↩
8 הליכות שלמה תפלה פ"ח אות יח ↩
9 סי' קח אות יז משלמי ציבור (בשלמי היחיד קעד, ב') ↩
10 מחצית השקל שם ס"ק טז. וכ"כ המהריק"ש באהלי יעקב סי' פז. והקרבן נתנאל תענית פ"א סי' ד אות ד ↩
11 ח"ז סי' ה (ולכן הסיק שעכ"פ יתפלל נדבה) ↩
12 ראה בשו"ת הרדב"ז ב' אלפים נה. ספר מטה משה סי' קמא. עולת תמיד סי' קיז ס"ק ג. בא"ר ס"ק ב וג'. שכנה"ג הגב"י אות ד ↩
13 סעיף א בסופו ↩
14 אות לא. [ולהעיר גם משערי תפלה ומנהג להגרמש"א ח"א סי' סד] ↩
15 סי' יט דין ז ↩
16 דינים והנהגות פ"ד אות כו. קובץ מבית לוי חי"ז ע' צט. שו"ת רבבות אפרים ח"ו סי' תי אות ו ↩
17 או"ח סי' טז ↩
18 ולהעיר משיחת ליל ז' מ"ח שם שירידת גשמים לפני ז' מ"ח גורמת צער לבעל השדה בגלל שיהודי אחר מעולי הרגלים סובל בגלל הגשם ↩
19 סי' כאן דין ח ↩
[3] (Halacha 115)
Question: A person who said V'Sein Bracha instead of V'Sein Tal U'Matar — has he fulfilled his obligation?
Answer: The Alter Rebbe wrote1: 'if he did not ask for rain in the rainy days we make him repeat, even if he asked for dew [such as if he said V'Sein Tal Livracha], for the asking is not like the mention, for when he mentioned dew instead of rain we do not make him repeat, since the mention is the arrangement of the praise of the Omnipresent, and the bringing down of dew is also a praise of Him just like the bringing down of rain; but in the asking he must ask for everything that brings him to bracha, whether dew or rain, and dew does not take the place of rain'.
And if so, one who forgets to mention rain has not had his tefillah accepted!
Question: Is there a way to rectify this forgetting?
Answer: The way of rectification for such a person depends on which stage in the tefillah he remembers, and let us enumerate the stages:
a) If he remembered during the bracha and before he mentioned the name of Hashem in the conclusion, he should say it immediately at the place where he remembered2.
b. If he remembered immediately after he said the name of Hashem in the bracha, he should conclude the bracha and say 'V'Sein Tal U'Matar Livracha' and continue to the bracha of Teka B'Shofar. And the same is the case if he remembered after he concluded the bracha but before he began saying Teka B'Shofar. And the reason for the matter is that as long as he has not begun the new bracha, this is considered as if he has not concluded the previous bracha with regard to the matters for which one repeats, and it is considered as if he said it in Birkas HaShanim3.
c. If he remembered after he began saying Teka B'Shofar [even only the word Teka], he should continue his tefillah until Shema Koleinu, and there, after the words 'U'Milfanecha Malkeinu Reikam Al Teshiveinu', he should say 'V'Sein Tal U'Matar Livracha' and continue 'Ki Atah Shomeia Tefillas Kol Peh'4. But also in the case where he did not say it there and continued, and even began the bracha but did not yet mention the name of Hashem, he should say V'Sein Tal U'Matar5.
d. If he forgot to say it also in Shema Koleinu and already said the name of Hashem, he should conclude the bracha and say immediately after it 'V'Sein Tal U'Matar Livracha' and continue to Retzei6.
e. If he remembered only after he began the bracha of Retzei [even only the word Retzei7], he returns back to Barech Aleinu and continues from there once again until the conclusion of the tefillah. And so he does in any place where he remembered up until the second Yihyu L'Ratzon Imrei Fi8.
f. If he did not remember until he began9 saying the second Yihyu L'Ratzon, and all the more so once he has already stepped back, he returns to the beginning of the Shemoneh Esrei tefillah10.
g. If the one who forgot is a chazzan, he does not return to the beginning of the tefillah but relies on the chazzan's repetition11, but at the end of the repetition he should likewise say Elokai Netzor and Oseh Shalom as the individual says in his tefillah12. However, in the Maariv tefillah, where there is no chazzan's repetition, he should say the Kaddish Tiskabbel so as not to cause trouble to the congregation, and afterward he should pray the Shemoneh Esrei again13.
h. A person who remembered only after the time of the next tefillah arrived, such as one who remembered after the time of the Mincha tefillah arrived that he did not say it in Shacharis, should pray the Shemoneh Esrei twice, the first as an obligation, (afterward he should wait a little according to the rules explained in Siman 10814) and the second as a makeup15. However, if he will be the chazzan in the next tefillah, he will not need to repeat twice but relies on the chazzan's repetition16.
i. However, if he forgot in the Mincha tefillah of Erev Shabbos, he should not pray the Maariv tefillah of Shabbos twice, since in any case in the tefillah of Shabbos night one does not say the bracha of Barech Aleinu, and consequently there is no makeup in this, and also there is no voluntary offering on Shabbos17.
Footnotes:
1 סי' קיז ס"ד ↩
2 קצות השלחן הערות למעשה ע' נו אות ג ↩
3 שוע"ר שם ס"ה. וסי' קיד ס"ז. קצוה"ש שם ע' נד ↩
4 קצו"הש שם ע' נז אות ד ↩
5 שוע"ר קיז שם ↩
6 שוע"ר שם ↩
7 שוע"ר מהדורת רא"א הערה נז ↩
8 שוע"ר שם ↩
9 שוע"ר מהדורת רא"א הערה סב ↩
10 שוע"ר שם ↩
11 שוע"ר סי' קכז ס"ד ↩
12 קצוה"ש סי' כב סי"א ↩
13 פסקי תשובות סי' קכו הערה 33 ↩
14 ס"ה ↩
15 קצוה"ש הערות למעשה ע' נז אות ה ↩
16 שוע"ר סי' קח ס"ו ↩
17 קצוה"ש שם ↩
[9] (Halacha 122)
A chazzan who forgot or who does not remember
*Question: What is the ruling regarding a chazzan (shliach tzibbur) who forgot to say V'Sein Tal U'Matar in his silent tefillah and remembered when he finished his tefillah.
Answer: The Alter Rebbe wrote1: if the chazzan erred when he prayed silently, he never repeats and prays a second time silently because of the burden to the congregation (tirchah d'tzibura), but rather relies on the tefillah that he will pray aloud'.
However, in the case where he forgot to say V'Sein Tal U'Matar in the chazzan's repetition, his ruling is like the ruling of the individual who forgot, that he must repeat the tefillah again and mention it2.
*Question: A regular chazzan or one who has an obligation (chiyuv), Hashem should spare us, and now he is in doubt whether he mentioned V'Sein Tal U'Matar — what is his ruling?
Answer: a. We learned that a person who is in doubt whether he said Tal U'Matar, if it is after thirty days, we say that there is a presumption (chazakah) that he said it properly, and likewise if he said it 90 times consecutively he does not repeat, except that one should not do this l'chatchilah.
b. But regarding a chazzan many poskim wrote3 that because he repeats the tefillah of Shacharis and Mincha, then already after 18 days he has 90 tefillos in which he said Tal U'Matar, and he does not repeat when he is in doubt, since his tongue has already become accustomed to saying it properly.
c. However, some wrote4 that according to the opinion of the Taz5 [who innovated (and so the Alter Rebbe also ruled6) — that even if he missed a day or two within the 30 days he still has a presumption after 30 days] the tefillos of the chazzan do not help to shorten his presumption to less than 30 days. And some wished to be precise in this way7 also in the words of the Alter Rebbe (and they explained that in order for saying it 90 times consecutively to help, this is only in a manner where he says the 90 times actually consecutively, without interruption).
d. But on the other hand some wrote8 that even according to the opinion of the Taz, regarding a chazzan the time of the presumption is shortened and 18 days suffice. And ostensibly also in the opinion of the Alter Rebbe there is room to say that his intent is not only that thirty days, or saying it consecutively, makes the presumption / accustoms the tongue, but rather whenever he says it 90 times he has become accustomed and there is a presumption that he mentioned it, and therefore for a chazzan too this helps9.
Therefore in practice, one who serves as chazzan every day regularly, who is in doubt whether he said V'Sein Tal U'Matar after 18 days have passed, does not repeat.
Footnotes:
1 סימן קכו ס"ד ↩
2 שם בס"ג ↩
3 שערי תשובה ס"ק יד בשם שלמי ציבור סי' קכא, ב. סידור בית יעקב להר"י עמדין. מאמר מרדכי סי' קיד אות טו. סידור בית עובד אות יב ↩
4 מאמר מרדכי שם ↩
5 סי' קיד ס"ק יג ↩
6 סי' קיד ס"י ↩
7 לקט ציונים והערות לשו"ע אדה"ז להרב לוי ביסטריצקי (וראה גם מ"ש באורח נאמן ס"ק כג) ↩
8 הרב המגיה בשלמי ציבור שם הביאו החיד"א בקשר גודל סי' יד אות יח. אורח נאמן שם ס"ק כה ↩
9 די"ל שגם אם זה לא נחשב לרצופין, מ"מ מניין לנו שזה לא נחשב כמפוזרין ולחדש שזה לא נחשב שהרגיל לשונו ↩
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Join the WhatsApp groupOne Who Is Unsure Whether He Said V'sein Tal U'matar
[4] (Halacha 116)
One Who Is in Doubt Whether He Said [A]
Question: A person who prayed Shemoneh Esrei and is in doubt whether he said "v'sein tal u'matar" or "v'sein bracha" — what is his ruling?
Answer: A. The rule is that a person says what he is accustomed to, and therefore a person who is already accustomed throughout the summer to say "v'sein bracha," it is presumed that this is what he said, and therefore in a case of doubt he must repeat the tefillah1.
B. However, if the doubt arose after thirty days had passed since he began saying "v'sein tal u'matar" instead of "v'sein bracha," we say that he has already become accustomed to saying what he is required to — "v'sein tal u'matar" — and it is presumed that this is what came out of his mouth, and he does not repeat the tefillah2.
C. Even in a case where, on one or two days out of the thirty days, whether inadvertently or deliberately he did not pray, the chazakah is still not diminished, since on most of the days he said it as required, and therefore at the conclusion of the thirty days the chazakah was established that he says "v'sein tal u'matar"3.
D. However, if one of the days he did not pray was the thirtieth day itself, he will not have a chazakah until he prays one day afterward and mentions in it "v'sein tal u'matar livracha"4.
E. A person who said the text of Birkas HaShanim ninety times in a row with the words "v'sein tal u'matar" instead of "v'sein bracha," and afterward, during the tefillah, he is in doubt whether he mentioned it, does not repeat, since saying it ninety times is effective in accustoming his tongue. But there are those who disagree with this and hold that it is not effective5, (or that the habit is effective only when it is as part of the tefillah and he said all the brochos in order6; or that saying it ninety times does not create habituation like saying it for thirty days7.
F. Therefore, l'chatchilah one should not do this — to say it ninety times in a row and rely on this; but if a person did in fact do so, and afterward has a doubt whether he said it, he does not repeat, since the main halacha is in accordance with the opinion that this is effective8.
Notes:
1 שוע"ר סי' קיד ס"י ↩
2 שם ↩
3 שם ↩
4 שוע"ר מהדורת רא"א אות קכ ↩
5 שוע"ר שם סי"א ↩
6 רבינו פרץ ↩
7 מהר"י אבוהב הובא בב"י ↩
8 שוע"ר שם סי"א ↩
[5] (Halacha 117)
One Who Is in Doubt Whether He Said [B]
Question: Within the 30 days before he became accustomed to saying "v'sein tal u'matar" instead of "v'sein bracha," what is considered a doubt that requires repeating the tefillah?
Answer: This matter varies from person to person, and according to his intention and concentration during the tefillah. There are people who pay more attention to the words of the tefillah, and remember that they need to request "v'sein tal u'matar," and accordingly it is apparent that they remembered to say it, and the later doubt is not considered a doubt. And there are people whose lips move but their intention is elsewhere — and there is a greater concern that they did not request it, but rather prayed as their tongue is accustomed; as long as thirty days have not passed they would need to repeat the tefillah for any doubt1.
Therefore the poskim wrote2 that the definition of a state of doubt depends on the awareness the person had during his tefillah, as follows:
1) In a case where before the tefillah he did not remember at all that he needs to mention it, and also during the tefillah he did not remember, presumably he did not say it, and therefore he must repeat the tefillah even if the doubt arose in him a long time later (unless 30 days have already passed and he has become accustomed to saying "v'sein tal u'matar").
2) In a case where before he began his tefillah he remembered that he must mention it, but he does not remember what happened during the tefillah: A. if the doubt arose immediately upon concluding his tefillah, he must repeat the tefillah; B. if the doubt arose later, after he had already diverted his attention, he does not repeat the Shemoneh Esrei3.
3) In a case where even during the time he began to pray he remembered that he must mention it, we rely that he said it properly, and he does not repeat even if the doubt arose in him immediately upon concluding the tefillah — unless the doubt arose for him close to the bracha itself4.
The poskim wrote5 that if he makes a sign, such as making a fold in the page of the siddur as a sign so that he will remember, he does not repeat, since an action removes a doubt — unless it is clear to him that despite the sign he did not say it.
Question: May I rely on a child who tells me that he heard me say it properly?
Answer: One who is in doubt whether he said "v'sein tal u'matar," and a young child below the age of bar mitzvah claims that he heard him saying it, may rely on this, since there is no need for testimony here, but only a mere revealing of the matter6.
Notes:
1 עפ"י שו"ת ויען יוסף או"ח סי' נב ↩
2 מבוסס על פסקי תשובות סי' קיד אות יד ↩
3 מגן גבורים ס"ק יב. משנ"ב סי' קיד ס"ק לח ↩
4 מור וקציעה סי' קיד. כף החיים סי' קיד אות מח. הליכות שלמה פ"ח דין יב ↩
5 חסד לאלפים אות א. כף החיים שם אות נד ↩
6 הליכות שלמה שם דין כד. חשוקי חמד גיטין ב, ב ↩
[6] (Halacha 119)
Question: Is there a difference between residents of Eretz Yisrael and residents of chutz la'aretz regarding the beginning of the time for saying "v'sein tal u'matar"?
Answer: The Alter Rebbe wrote1: 'And Bavel and the like, which is not a land of mountains like Eretz Yisrael, and does not need rain immediately after the festival, begin on the night of the 60th [day] after the tekufah of Tishrei .. and our custom is like the residents of Bavel in every place.'
If so, in practice the time for residents of chutz la'aretz to say "v'sein tal u'matar" is not like in Eretz Yisrael, and this falls out on the fifth or sixth of December.
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A Resident of Chutz La'aretz Who Is in Eretz Yisrael
*Question: A resident of chutz la'aretz who is in Eretz Yisrael from the date of the 7th of Marcheshvan onward and intends to return to chutz la'aretz — how should he conduct himself while in Eretz Yisrael?
Answer: It is written in Sefer Halachos Ketanos2 that he should pray with his brethren — that is, he should ask on the 7th of Marcheshvan like the people of Eretz Yisrael. And so ruled the Chida3, and so too it is written in Ketzos HaShulchan4; and the reason for the matter is that he too requires sustenance of food and drink while he is in Eretz Yisrael like the rest of the residents, and the very falling of rain affects the prices of grain and the like. And even if he returns immediately to chutz la'aretz, ultimately the tefillos are for the community, and the community at present in Eretz Yisrael needs rain, and therefore he must join with the community5.
*Question: A resident of chutz la'aretz who was in Eretz Yisrael from the 7th of Marcheshvan and began to ask as above, and returned to chutz la'aretz within the 60th [day] from the tekufah — how should he conduct himself upon his return to chutz la'aretz?
Answer: There are those who say that he should continue to ask as in Eretz Yisrael6, but on the other hand, since many of the poskim wrote7 that even according to the opinion of the Birkei Yosef, in such a case he should stop asking "v'sein tal u'matar" and conduct himself like the residents of chutz la'aretz who say "v'sein bracha," therefore in practice he should conduct himself like the residents of chutz la'aretz8.
Notes:
1 סי' קיז ס"א ↩
2 ח"א סי' עד. וכ"פ בשו"ת דבר שמואל (אבוהב) סי' שכג ↩
3 ברכי יוסף סי' קיז ס"ק ה ↩
4 סי' כא ס"י. ובספר הערות למעשה ע' נח ↩
5 ס' הערות למעשה שם ↩
6 קצוה"ש שם. וראה בשו"ת מנחת יצחק ח"י סי' ט. שו"ת יחוה דעת ח"א סי' עג בסופו (אמנם אין מוכח כן מהמקורות שציין) ↩
7 שו"ת דברי יציב או"ח סי' סח. שרגא המאיר ח"ז סי' קמח. שו"ת בצל החכמה ח"א סי' סח. יין הטוב ח"א סי' לה. שו"ת קנה בשם ח"א סי' י. וכן כתבו משמו של הגאון מטשעבין. שו"ת אבני ישפה ח"א סי' יז ענף ב. שערים המצויינים בהלכה סי' יט אות ב ↩
8 ויש מי שהכריע (שו"ת יחוה דעת שם) שיאמר בשומע תפילה כדין יחיד השואל צרכיו בשומע תפלה ↩
[7] (Halacha 120)
A Resident of Eretz Yisrael Who Is in Chutz La'aretz on the 7th of Marcheshvan
Question: A resident of Eretz Yisrael who is in chutz la'aretz on the 7th of Marcheshvan — how should he conduct himself while in chutz la'aretz?
Answer: The poskim disagree on this ruling. There are those who say1 that it depends on whether he intends to return; and there are those who say2 that this matter depends on whether he has a wife and children in Eretz Yisrael; and there are those who say3 that it depends on whether he intends to return to Eretz Yisrael that same year.
However, in practice the Chida4 wrote that a resident of Eretz Yisrael who is in chutz la'aretz should ask like the residents of chutz la'aretz in every situation. And so ruled the Gra"ch Naeh5.
And so too the Rebbe writes6 regarding this question: 'The Birkei Yosef and most of the Acharonim wrote that each person should conduct himself according to his present place. And so too is written in Ketzos HaShulchan. (And seemingly one should add to this ruling also the matter of lo sisgodedu.)'
[ Addendum: To note from the talk and discussion during the first visit of the Rishon LeTziyon, Rav Mordechai Eliyahu7, where the Rebbe asked him 'How does the honorable one conduct himself now while in chutz la'aretz?' And the Rama answered: 'I conduct myself according to the opinion of the Radvaz (even though the Chida disagrees with this) that a resident of Eretz Yisrael who is in chutz la'aretz conducts himself according to the custom of Eretz Yisrael, since his intention in Birkas HaShanim is for his livelihood in Eretz Yisrael, his fixed place, and not in relation to the place where he is temporarily.' (However, from the transcript of the talk itself8 it appears that after the Rama's answer, the Rebbe again repeats and tells him that this is a dispute).]
Question: A resident of Eretz Yisrael who is in chutz la'aretz but intends to return to Eretz Yisrael during the rainy days — what should he do?
Answer: Indeed, in Birkas HaShanim he says (as above in the previous question) "v'sein bracha." But the Rebbe in the Likkutei Sichos there noted: 'It requires great study9 why they did not rule that one who intends to return — during the rainy days — should ask for rain in Shomea Tefillah as an individual. And this requires examination in the Birkei Yosef, and it is not before me.'
And so too many poskim ruled10 that he should say it in Shomea Tefillah.
Therefore, in practice he should say "v'sein tal u'matar" instead of "v'sein bracha" in Shomea Tefillah.
Notes:
1 שו"ת רדב"ז ח"ו סי' אלפיים נה ↩
2 מהריק"ש בערך לחם סי' קיז ↩
3 הפר"ח סי' קיז ב ↩
4 ברכי יוסף סי' קיז אות ה ↩
5 קצות השלחן סי' כא ס"י ↩
6 לקו"ש חי"ט ע' 464. שולחן מנחם ח"א עמ' רלב ↩
7 המוגה שנדפס בתו"מ תשנ"ב ח"א ע' 242 - 243 ↩
8 ד"מ התשנ"ב ח"א ע' 408 ↩
9 ראה אגורה באהלך ח"ב ע' 426 - 427 ↩
10 ראה הנסמן בפסקי תשובות סי' קיז אות ג הערה 19 ↩
[8] (Halacha 121)
A Resident of Eretz Yisrael Who Travels to Chutz La'aretz After the 7th of Marcheshvan
*Question: One who already began saying "v'sein tal u'matar" in Eretz Yisrael and traveled to chutz la'aretz afterward — how should he conduct himself?
Answer: The Gra"ch Naeh wrote1 that although by logic it would have been reasonable to say that he should stop saying "v'sein tal u'matar" when he reaches chutz la'aretz, since he is now in a place that does not need rain — and so indeed ruled the Maharash Vital2 — the Chida ruled3 that if he began to ask in Eretz Yisrael on the 7th of Marcheshvan and afterward went out to chutz la'aretz, even so he continues to ask like the residents of Eretz Yisrael; and the reason for the matter is that if he changes every time it would be like mockery and ridicule, that each time he changes the text of his tefillah, "anew each morning."
And although he requests "v'sein tal u'matar" instead of "v'sein bracha" upon the face of the earth, and he is on earth that does not need rain — and on the contrary, this is harmful to it — one can say that the intention in his tefillah is upon his own earth, from where he is sustained, which is the earth of Eretz Yisrael.
In practice, a resident of Eretz Yisrael who began saying "v'sein tal u'matar" and traveled to chutz la'aretz does not stop.
*Question: In a case where he travels to chutz la'aretz, may he serve as the chazzan, and if so, what should he say?
Answer: From the words of the Birkei Yosef cited above it appears [and so too the Gra"ch Naeh wrote in his name] that l'chatchilah a resident of Eretz Yisrael should not be a chazzan in chutz la'aretz, since he says "v'sein tal u'matar" and they say "v'sein bracha," [and there is a drawback in this, for the chazzan must prepare in his silent tefillah for the tefillah that he repeats afterward aloud, and here in the silent tefillah he says differently from what he will say aloud, and this can cause him to err4] — however, if in practice he forgot and approached to be the chazzan, although in his silent tefillah he says "v'sein tal u'matar," in the chazzan's repetition he should say "v'sein bracha."
A. If so, in practice, l'chatchilah a resident of Eretz Yisrael who says "v'sein tal u'matar" should not approach as chazzan in chutz la'aretz.
B. In Maariv, in which there is no chazzan's repetition, he may be the chazzan l'chatchilah.
C. In a case of need — such as in a case where he has an obligation, G-d forbid, on account of his father or mother, or where there is no one [else] to approach as chazzan — he may approach to be the chazzan, and as above, in the silent tefillah he should say "v'sein tal u'matar," but in the chazzan's repetition he should say "v'sein bracha".
D. In a case where the entire minyan are residents of Eretz Yisrael who say "v'sein tal u'matar," he may be the chazzan l'chatchilah.
Notes:
1 הערות למעשה ע' נט ↩
2 שו"ת באר מים חיים סי' ה ↩
3 ברכ"י אות ו, והביאו השערי תשובה ס"ק ד ↩
4 ראה אג"ק ח"י ע' רח בשוה"ג. שו"ת אג"מ או"ח ח"ב סי' כט. ומאידך אג"ק חי"ד ע' שצא. אג"ק אדמו"ר הריי"צ חי"ג ע' תצז. והאריך בזה באגורה באהלך ח"ב סי' ב. ועפי"ז ההכרעה בפנים שלכתחילה לא יגש אא"כ במקום צורך ↩