Halacha According to the Sephardic Practice: Erev Rosh Hashanah

Fasting on erev Rosh Hashanah

1. Many people have the custom to fast on erev Rosh Hashanah.[1]
2. One who wishes to observe this fast should declare his formal acceptance of it during the Minchah prior to erev Rosh Hashanah, before reciting Oseh Shalom. If one did not make this declaration at Minchah, his fast still counts as a formal taanit since it is a common custom, and may therefore take effect even without a declaration.[2]
3. If one accepted the fast, he may not eat once he goes to sleep the night before erev Rosh Hashanah, even if he wakes up before daybreak, unless he stipulated before he went to sleep that he will do so. One may, however, drink until daybreak even without a stipulation.[3]
4. According to some opinions, one only needs to fast until chatzot.[4] However, some people have the custom to fast until tzet hakochavim.[5]
5. If one has the custom to fast, and attends a brit milah or a pidyon haben, he may eat at the seudat mitzvah without performing hatarat nedarim.[6]
6. If one will be unable to learn because he is weak from the fast, then one does not have to fast. Most importantly, on erev Rosh Hashanah one should focus on teshuvah and accounting for one’s deeds. Fasting helps one obtain a mindset of teshuvah, but even without fasting, if one is doing teshuvah, then he has essentially accomplished the purpose of fasting.[7]
7. It is particularly auspicious to give tzedakah even if one is not fasting.[8]

Tachanun

8. On erev Rosh Hashanah, one does not recite Tachanun during Shacharit, similar to other Yamim Tovim. Similarly, one does not recite LaMenatze’ach Mizmor LeDavid Yaancha Hashem BaYom Tzarah, and Tefillah LeDavid. However, if one said Selichot at night or before alot hashachar, then Tachanun is recited during Selichot. Tachanun is also recited in Minchah on the day before erev Rosh Hashanah.[9]

Blowing the shofar

9. One may not blow the shofar on erev Rosh Hashanah. However, a baal toke’a who needs to practice may do so in a closed room.[10]

Visiting the cemetery

10. Many people have the custom to visit a cemetery on erev Rosh Hashanah to pray that the merit of tzaddikim and relatives should be a zechut on their behalf. One should be careful not to pray directly to the niftar; rather, he should pray that the merit of the niftar should help our prayers be accepted by Hashem.[11] Kohanim, however, may not visit a cemetery on erev Rosh Hashanah to pray, even at the gravesite of a tzaddik.[12]

Taking a haircut

11. It is a praiseworthy custom to take a haircut on erev Rosh Hashanah in honor of the Yom Tov, and to wear fresh and respectable clothing, to show Hashem that we trust that our judgment will be in our favor.[13]

Immersing the mikveh

12. It is a praiseworthy custom to go to the mikveh on erev Rosh Hashanah. Preferably, one should not go to the mikveh earlier than about an hour before chatzot.[14] One who is unable to should pour on himself around 12.5 liters (3.3 gallons) of water. This can be accomplished by turning on the shower and standing under it. There is no difference between using hot water and cold water.[15] More details regarding going to the mikveh are discussed in the laws of erev Yom Kippur.
13. One should go under the water no less than three times. According to Kabbalah, one should immerse five times.[16]

Making challah

14. It is a praiseworthy custom to knead dough and fulfill the mitzvah of hafrashat challah on erev Rosh Hashanah.[17]

Hatarat Nedarim

15. Many people have the custom to perform hatarat nedarim on erev Rosh Hashanah and erev Yom Kippur. Preferably, one should perform hatarat nedarim before ten people. However, if this is too difficult, he should at least recite it before three people. Hatarat nedarim nullifies all of one’s forgotten vows, as well as any stringency that one has performed at least three times, which gave it the status of a vow, and he now wants it nullified.[18]
16. Some people have the custom to perform hatarat nedarim forty days before Rosh Hashanah as well, on the 20^th of Av, and another time forty days before Yom Kippur, on erev Rosh Chodesh Elul.[19]
17. Hatarat nedarim can be recited at night even before chatzot.[20]
18. A boy under the age of thirteen or a woman may not serve on a bet din performing hatarat nedarim.[21]
19. Even one’s own family members may serve on a bet din performing hatarat nedarim. However, a man should not serve on a bet din performing hatarat nedarim for his wife.[22]
20. Hatarat Nedarim must be performed while standing in front of the bet din, and not when reciting it when listening to the radio or in front of a screen (such as if one is tuning in to a live stream of Selichot).[23]
21. One may not send a proxy to perform hatarat nedarim on one’s behalf.[24]
22. One may perform hatarat nedarim on behalf of one’s wife.[25]
23. When performing hatarat nedarim, one should understand the words he is reciting.[26]

Even though children are not obligated to recite hatarat nedarim,[27] it is good to bring them as well since the nussach also includes a prayer for protection that applies to children.[28]

[1]. Shulchan Aruch 581:2. See also Moreh BaEtzba §249; Ben Ish Chai, Netzavim §1, in the beginning of the parashah; and Kaf HaChayim 581:46. However, in Yabia Omer, vol. 5, O.C. §22; Yechaveh Daat 1:50; Halichot Olam, vol.2, p. 223; and Chazon Ovadia, Yamim Nora’im, p. 46, Chacham Ovadia Yosef writes that while it is a praiseworthy fast, it is not obligatory, and one may eat if he performs hatarat nedarim. Additionally, one who is fasting may eat before alot hashachar as long as he stipulates to do so before going to sleep. It is better, though, to only eat the night before, before going to sleep. See also Yalkut Yosef, Yamim Nora’im, pp. 127–133.

[2]. Kaf HaChayim 581:63; Ohr LeTzion, vol. 4, 2:1.

[3]. See Chazon Ovadia, Yamim Nora’im, p. 46, which states that one should preferably not make a stipulation to eat when awaking before alot hashachar because the Zohar states that one should not eat once he has awoken. See also Ohr LeTzion, vol. 4, 2:2, which only permits one to make a stipulation if he will not be able to fast otherwise.

[4]. Halichot Shlomo, p. 6. Halichot Moed, p. 78, says that even Sephardim are lenient and only fast until chatzot. If possible, one should pray Minchah before breaking one’s fast.

[5]. Kaf HaChayim 581:62. Halichot Moed, p. 78, says that only one who does not normally do this fast has to fast until tzet hakochavim, but if he normally does this fast and did not explicitly accept the fast on the day before, he can fast until plag haminchah.

[6]. Rama 568:2. See also Chazon Ovadia, Yamim Nora’im, p. 50 and Torat HaMoadim, Yamim Nora’im, pp. 21–27. Yalkut Yosef, Yamim Nora’im, pp. 133–134 adds that one does not even have to make up the fast on another day. Furthermore, after having eaten at the seudat mitzvah, one no longer has to fast that day, and may eat regularly. Orchot Rabbenu, vol. 1, p. 172 states that the Steipler would make a siyum on every erev Rosh Hashanah and he would eat.

[7] See Halichot Moed, p. 80.

[8] See Moed LeChol Chai 12:2; Kaf HaChayim 568:51-52; Shofar BeTzion, p. 18.

[9]. Shulchan Aruch 581:3; Kaf HaChayim 581:73–74; Chazon Ovadia, Yamim Nora’im, p. 46; Torat HaMoadim, Yamim Nora’im, p. 27, 4; Yalkut Yosef, Yamim Nora’im, p. 135.

[10]. Rama 581:3. See also Ben Ish Chai, Netzavim 1:2 and Kaf HaChayim 581:76, which state that even during the nighttime, one may not blow the shofar. See also Yalkut Yosef, Yamim Nora’im, p. 136.

[11]. Yabia Omer, vol. 4, Y.D. 35:7; Halichot Olam, vol. 2, p. 224; Chazon Ovadia, Yamim Nora’im, p. 52; Torat HaMoadim, Yamim Nora’im, p. 28; Yalkut Yosef, Yamim Nora’im, p. 136. However, Yalkut Yosef stresses that one who is busy learning Torah should not visit a cemetery, and should instead continue learning. See also Igrot Moshe, O.C., vol. 5, 43:6 and Minchat Yitzchak 8:53.

[12]. See Yechaveh Daat 4:58, which discusses this topic at length. See also Chazon Ovadia, Yamim Nora’im, p. 52 and ibid., Avelut, vol. 2, p. 12. See also Yalkut Yosef, Avelut, p. 257 and ibid., Yamim Nora’im, p. 136, 7.

[13]. Shulchan Aruch 581:4. Kaf HaChayim 581:81 adds that it is also customary to cut one’s nails. Ben Ish Chai, Netzavim 1:3 writes that one should cut one’s hair before chatzot. See also Shofar BeTzion, p. 15.

[14]. Mishnah Berurah 581:26; Kaf HaChayim 581:82. See also Shofar BeTzion, p. 24.

[15]. See Ben Ish Chai, Netzavim 1:3. Chazon Ovadia, Yamim Nora’im, p. 57 stresses that one may not recite a berachah on this tevilah, and one who does has recited a berachah levatalah. See also Yalkut Yosef, Yamim Nora’im, pp. 149–155; Torat HaMoadim, Yamim Nora’im, p. 29 and on; and Orchot Maran, vol. 1, p. 252.

See also Chazon Ovadia, Yamim Nora’im, p. 61, which adds that if one’s wife goes to the mikveh on the night of Rosh Hashanah, then one is obligated in the mitzvah of onah, and should go to the mikveh again before Shacharit on Rosh Hashanah.

[16] Ben Ish Chai, Netzavim 1:3; Shofar BeTzion, p. 26.

[17]. See Ben Ish Chai, Netzavim 1:25; Kaf HaChayim 581:100 and Yalkut Yosef, Yamim Nora’im, p. 96, in the name of Mateh Ephraim 581:51. The amount of flour necessary to fulfill the mitzvah of hafrashat challah is 1560 grams. The bread that one bakes should be used for Yom Tov.

[18]. See Birkei Yosef 581:21, also cited in Shaarei Teshuvah 581:1; Kaf HaChayim 581:12; Chazon Ovadia, Yamim Nora’im, p. 43; Yabia Omer, vol. 1, O.C. 41:18; and Yalkut Yosef, Yamim Nora’im, p. 158 and on. See also Ohr LeTzion, vol. 4, 1:8, which states that one should preferably perform hatarat kelalot, since it is more inclusive than hatarat nedarim.

[19] Kaf HaChayim 581:23.

[20] Halichot Moed, p. 90.

[21]. Halichot Olam, vol. 8, p. 70; Ohr LeTzion, vol. 4, 1:9. See also Teshuvot VeHanhagot 2:442; Halichot Moed, p. 86.

[22]. Shulchan Aruch, Y.D. 228:3 & 234:47; Ohr LeTzion, vol. 4, 1:10.

[23] Halichot Moed, p. 87. In cases of need, one can rely on the opinions who permit one to perform hatarat nedarim over the phone.

[24]. Shulchan Aruch, Y.D. 228:16; Ashrei HaIsh, vol. 3, p. 82.

[25]. Yabia Omer, vol. 2, O.C. §30; Teshuvot VeHanhagot 1:338; Ashrei HaIsh, vol. 3, p. 82. When performing hatarat nedarim, one should specify to the dayanim that he is including his wife. Halichot Shlomo, p. 7 states, however, that it suffices for a woman to rely on Kol Nidrei to annul her vows, and she does not need to have her husband perform hatarat nedarim on her behalf.

[26]. Chayei Adam 138:8.

[27] See Halichot Shlomo, Rosh Hashanah, p. 7, footnote 38.

[28] Halichot Moed, p. 89.