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What is the reason we recite Birkot HaTorah?
There is a disagreement among the Rishonim as to whether Birkot HaTorah is a Torah obligation or a Rabbinic obligation. Sefer Pene Moshe 1:1 (Benvenisti) writes that the Ramban, Rashba and Sefer HaHinuch maintain that there is a Biblical obligation to recite Birkot HaTorah daily. This is derived from the verse (Devarim 32:3) “When I call out the name of Hashem, ascribe greatness to our G-d.” This is understood to mean that before I read the Torah, I must recite a blessing. The Rif, Rambam and Rosh are of the opinion that Birkot HaTorah is a rabbinic institution. Either way, the Gemara (Bava Metzia 85b) ascribes extreme importance to this Beracha. There it relates that the Bet HaMikdash was destroyed because people did not recite Birkot HaTorah, which reflected a lack of appreciation for the value of Torah (Rashi).
The above disagreement among Rishonim leads to the following practical difference. When there is an uncertainty as to whether one recited Birkot HaTorah, must one repeat the Beracha? If Birkot HaTorah is a Torah obligation then one must repeat the blessing. The Mishnah Berurah (47:1) rules in accordance with the Sha’agat Aryeh that one must indeed be concerned that Birkot HaTorah is a Biblical obligation, and in case of doubt one should recite the Beracha of “Asher Bahar Banu,” since one blessing is enough to discharge the Torah obligation. However, Hacham Ovadia Yosef maintains that Birkot HaTorah are treated as a rabbinic obligation and shouldn’t be repeated in case of doubt.
I just finished reciting Birkot HaShahar (the Berachot recited upon waking in the morning), but I do not remember if I recited Birkot HaTorah. What should I do?
In a previous Halacha, we mentioned that the Poskim argue whether Birkot HaTorah are a Torah or rabbinic obligation, with regards to repeating them when in doubt. Everyone would agree, however, that if possible, one should find someone who has not yet recited the Beracha, and fulfill the obligation by listening to the second person’s recitation.
Additionally, if one realized their predicament before having recited the Beracha of Ahavat Olam (the blessing recited before Shema), one should have in mind when reciting this Beracha that they are fulfilling the Mitzvah of Birkot HaTorah. In case of need, this Beracha can substitute for Birkot HaTorah, since it also mentions Torah study. Immediately after Shmoneh Esrei, one must study some portion of Torah, so that there will not be a disruption between the Beracha and the study of Torah. Rav Schachter said that on a day when Tahanun is said, one should not interrupt between Shemone Esre and Tahanun. One should wait to study Torah until after Tahanun. The Mishnah Berurah cites the P’ri Megadim that in this case, even if one did not study immediately after Shemone Esre, one may also be lenient not to repeat Birkot HaTorah, since immediately after the Beracha one recited “Shema.”