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The Laws of Birkat HaGomel / Part 1
By Rav Mordechai Lebhar (Adapted by Rabbi Emile Amzallag)
The Shulhan Aruch (Orah Haim 219:1) writes that there are four situations which warrant reciting Birkat HaGomel, based on the Passuk in Tehillim (Ch. 107). The four situations are summarized in the word “חיים”: Havush (ח) – someone who was imprisoned; Yisurim (י)– someone who was ill; Yorde HaYam (י) – seafarers; and Midbar (מ) – someone who crossed the desert.
An Assembly
The Shulhan Aruch (Orah Haim 219:3) stipulates that Birkat Hagomel must be recited before ten men, and that two among the ten have to be Talmide Hachamim, Torah scholars. The basis for this requirement is a verse in the chapter of Tehillim upon which Birkat Hagomel is founded, (Tehillim 107:32): “וירוממוהו בקהל עם, ובמושב זקנים יהללוהו” “And they shall exalt Him in an assembly of people, and in a sitting of elders, praise Him.” An “assembly of people” refers to a quorum of ten men, and “elders” refers to Torah scholars (Mishna Berura, O.H. 219:7). One suggested reason for including Torah scholars is that they have a fuller appreciation of the handiwork of Hashem and of the miracles He performs. As such, it is advisable to seek out a Minyan which includes at least two Talmide Hachamim when reciting Birkat HaGomel.
Indeed, Hacham Ben Zion Abba Shaul (Ohr L’Tziyon, vol. II, ch. 14, § 42) rules that if one has the choice to recite the blessing in a Minyan in a synagogue while the Torah is out versus saying it in a Bet Midrash without the Sefer Torah, one should choose the latter as it is a place filled with Torah scholars and Torah study. Nevertheless, Hacham Ovadia Yosef (Yabia Omer, vol. III, Orah Haim, § 16) says that reciting Birkat HaGomel before Talmide Hachamim does not come at the expense of reciting it as soon as possible, namely, within three days. Therefore, if one has the opportunity to recite the blessing immediately in front of a Minyan that has no Tamlide Hachamim, one should do so.
Seafarers
Regarding seafarers, there is a debate as to whether the Beracha applies to those who traverse a river. This debate stems from the Sephardic and Ashkenazic approaches to travelling in general: the Sephardic custom is that HaGomel is recited whenever one travels beyond one’s city, whereas the Ashkenazic custom is not so.
Accordingly, the Sephardic opinion would agree that one should recite HaGomel after travelling by boat in a river, whereas the Ashkenazic opinion would be that it is not recited. Nevertheless, Rav Betzalel Stern (Betzel HaHochma, vol. VI, § 115) and Hacham Ben Zion Abba Shaul (Ohr L’Tziyon, 14:43) rule that as long as the shore cannot be seen during the boat ride and one is travelling for 72 minutes, one may recite Birkat HaGomel. If the shore can be seen and one travels for less than this amount of time, then one would not recite the blessing.
Prisoners
One of the people obligated in reciting Birkat HaGomel is someone who was released from prison. The Magen Avraham (O.H. 219:1) understands that a prisoner refers to someone who is imprisoned for an alleged capital offense, such as murder. In such a case, the prisoner is likely jailed for a very long time and in dangerous conditions. When it comes to lesser allegations, such as tax evasion, there is not such a concern for the welfare of the prisoner and therefore Birkat Hagomel would not be warranted.
On the other hand, the Hid”a (Birke Yosef, § 219), quotes Ribbi Yosef ibn Migash (Shu”t Ri Migash, § 90) who says that even one who was imprisoned for financial or monetary crimes would be required to recite Birkat HaGomel. Rav Hai Ga’on concurs with this approach. Practically speaking, Ribbi Moshe Toledano (Shamayim Hadashim, § 66) rules that the Halacha does not follow the Magen Avraham’s opinion, and that Birkat HaGomel would apply to those imprisoned for financial crimes.
Regarding house-arrest, Rav Menachem Mendel Schneerson (Sha’are Halacha U’Minhag, § 110) writes that one would not recite Birkat HaGomel upon one’s release. His rationale is that the verse in Tehillim (ibid:10) refers to prisoners as prisoners of iron, meaning, a highly secure facility unlike a house. Nevertheless, he writes that it is not clear whether or not someone placed in house-arrest for murder would have to recite HaGomel.
As for the amount of time in prison that would warrant Birkat HaGomel, the Bi’ur Halacha (O.H. 219, s.v. “Havush”) states that it is three days. However, other Poskim maintain that this would only apply to a holding cell or a police station jail, but that for an actual prison, even one day would be enough there to recite Hagomel due its inherent danger.