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I was up all night. Do I recite Birkot HaTorah in the morning?
This is a common question on Shavu’ot. The Mishnah Berurah (47:28) writes that there is a difference of opinion among Poskim as to whether one who was awake all night recites Birkot HaTorah in the morning. The Gr”a (47:12) and P’ri Hadash (47:12) write that one does not recite a Beracha; however, the Magen Avraham (47:12) and Elya Rabba (47:9) write that a Beracha is recited every day even if one did not sleep. To avoid this uncertainty, one can listen to the Beracha of one who slept and answer Amen. However, the Hida writes in the name of the Arizal and other Mekubbalim that one should recite Birkot HaTorah every day because of its importance in Shamayim. Therefore, the Yalkut Yosef cites Hacham Ovadia Yosef that the Sephardic Minhag is to recite Birkot HaTorah at Alot HaShahar (dawn).
Should Birkot HaTorah be said standing?
Maran in Bet Yosef (O.H. Siman 8) quotes a Yerushalmi which states that all Berachot should be recited standing. This Yerushalmi is understood by the Poskim to be referring to Birkot HaMitzvot and would seemingly include Birkot HaTorah as well. However, The P’nei Yehoshua (Megilla 21a) writes that this rule of the Yerushalmi refers only to Mitzvot that are performed standing, such as Shofar, Tzitzit or Hallel, and not to Mitzvot that can be performed while sitting, such as reading the Megilla. The Gemara (Megilla 21a) relates that until the generation of Rabban Gamliel, Torah was studied standing, but after Rabban Gamliel passed away, weakness descended upon the world and from then on Torah was studied sitting. Therefore, Hacham Ovadia Yosef zt”l (Yehave Da’at 5:4) writes that one may recite Birkot HaTorah sitting, as is the opinion of the Rama MiFano (102:7) and others.
Is it forbidden to teach Torah to one who has not said Birkot HaTorah?
With regards to Birkot HaNehenin (Berachot recited on food) it may not permitted to give someone food if the recipient will not recite a Beracha. Offering food to one who will not recite a Beracha is a violation of “Lifnei Iver Lo Titen Michshol” – enabling one to stumble (see Shulhan Aruch, OH 169:2). However, Rav Shlomo Zalman Auerbach zt”l (Minhat Shelomo 1:91) writes that this does not apply to teaching Torah to one who did not recite Birkot HaTorah, since it is a Birkat HaMitzvot – Beracha over a Mitzvah. Although Birkot HaMitzvot are obligatory, we do not find that Hachamim forbade the performance of a Mitzvah if a Beracha is not recited. He notes that not studying Torah (Bittul Torah) is a more serious offense than omitting the Beracha. If possible, one should instruct those who have come to learn Torah how to recite the Beracha, but if this is not practical, one should teach them Torah in any event.
Are Birkot HaTorah considered two or three Berachot?
There is a difference of opinion among Rishonim as to whether the Berachot recited for Birkot HaTorah are counted as two Berachot or three. The Rambam (Hilchot Tefilla 7:11) writes that Birkot HaTorah consists of three Berachot. According to the Rambam, “V’Ha’arev Na” begins a second, separate Beracha. However, Tosafot (Berachot 46a s.v. Kol) writes that “V’Ha’arev Na” is a continuation of the first Beracha. The practical difference between these two opinions is whether a listener should answer Amen prior to “V’Ha’arev Na”. Because this is a matter of dispute, Maran in Shulhan Aruch (OH 47:6) recommends being strict. Therefore, if someone is reciting Birkot HaTorah on your behalf, you should not answer Amen after the first Beracha. It is interesting to note that regarding the daily requirement to recite one hundred Berachot, the Poskim are lenient to count Birkot HaTorah as three Berachot.