(2019/5780)
Uniform Sephardic Practice?
The hallmark of Sephardic Halachah is adherence to the rulings of the Rav Yoseif Karo, the author of the Beit Yoseif and Shulchan Aruch. Thus, one would expect Sephardic practice to be a uniform and unvarying adherence to the rulings of Rav Yoseif 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 Berachot 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 concept “Ein Osin Mitzvot Chavilot Chavilot,” “We do not bundle Mitzvot together”. 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, Neir, Havdalah and Zman (Borei Peri HaGefen, Kiddush, Borei Me’orei Ha’Eish, HaMavdil Bein Kodesh LeChol, and SheHechiyanu, in that order). The Gemara then wonders why this does not violate the rule of Ein Osin Mitzvot Chavilot Chavilot and answers that the YaKNHaZ situation differs since Kiddush and Havdalah are fundamentally “Chada Milta,” “One matter,” whereas Birkat HaMazon and Kiddush are two different matters.
This idea fits perfectly with Rambam’s understanding of Havdala (Hilchot Shabbat 29:1). Rambam views Havdalah as the other side of the coin of Kiddush. In his view, the Pasuk of “Zachor Et Yom HaShabbat LeKadesho,” “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 truly are “one matter.” Thus, using one Kos for both Kiddush and Havdalah is not Chavilot Chavilot since one is using the Kos for two things which are essentially the same Mitzvah – to designate a specific time interval as holy.
Tosafot
Tosafot (ad. loc. s.v. She’Ein) present 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 begin 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 Berachot 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 Barachot as “one matter” and thus two Kosot are required.
However, Tosafot continue and cite the opinion of Rabbeinu Meshulam who argues that one Kos suffices. Rabbeinu Meshulam believes that this does not run afoul of the rule of Ein Osin Mitzvot Chavilot Chavilot since they are fundamentally “one matter.” They are considered “one matter,” explains Rabbeinu Meshulam, since we do not recite the added six Berachot without first reciting Birkat haMazon on a Kos.
Tosafot conclude by noting that under the Chuppah, two separate Kosot are customarily used for the Berachot upon Eirusin and the Berachot upon 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 matters.
Tosafot add 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 Yoseif Karo in the Shulchan Aruch (Even Ha’Eizer 62:9) presents both opinions cited in Tosafot. He introduces both opinions with by saying, “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 that one should 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 and as an adult made Aliyah to Eretz Yisrael, settling in Tzefat.
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.
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 Yoseif Karo in this matter, as they most often do?
The change happened as a result of an eighteenth century Sephardic authority of great stature, Maran HaChida. 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 Yoseif 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 custom 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 fifteenth century when Rav Karo lived to the eighteenth 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, Rosh, Ramban, and the Mordechai, all authorities of high prominence, demand that 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, but simply seeks to satisfy a higher standard.
In any event, Rav Ovadia 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 UMagein 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 from the Spanish Expulsion.[2]
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 Peri HaGefen on the Kos for Birkat HaMazon and the other six special Brachot for the Chatan and Kalah considered “one matter” regarding which one Kos suffices.
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 Chadashot since their current custom dates back to the custom practiced already at the time of Rav Yoseif 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 between North African and other Sephardic Jews.
Sephardic practice is not a monolith, despite the Sephardic allegiance to the rulings of Rav Yoseif Karo. The divergence emerges from the question as to how to interpret and implement Rav Yoseif 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 Sheim Tov and the followers of the Vilna Ga’on began to settle the land.
[2] The Ketubah used by many Moroccan Jews until this day notes that it follows the custom of the Jews expelled from Castile.