Halacha According to the Sephardic Practice: Simchat Torah and Shemini Atzeret

From the book series Laws of the Holidays by Rabbi Yonatan Nacson; used with permission.

Sitting in the Sukkah on the Seventh Day of Sukkot

1. One may not take down his sukkah on Hoshana Rabbah. However, one may remove his valuables and necessary furniture for Yom Tov after Minchah Ketanah.[1]
2. One who will need to eat in his sukkah on Shemini Atzeret should remove four tefachim by four tefachim of schach. While this does not invalidate the sukkah, it serves as enough of a reminder that one is not sitting in the sukkah in order to fulfill a mitzvah.[2]
3. After the chag, one may sleep and eat in the sukkah even if he did not remove any of the schach.[3]
4. Before leaving the sukkah for the last time before Simchat Torah, it is customary to recite:

יהי רצון שנזכה לישב בסכה של לויתן.[4]

Using the Sukkah and Its Decorations on Shemini Atzeret

5. The sukkah and its decorations may not be used on Shemini Atzeret. Even if Shabbat is on motzaei Yom Tov, one may not use the sukkah or its decorations until motzaei Shabbat.[5]
6. If one is afraid that the decorations will get damaged or stolen if he leaves them in the sukkah on Shemini Atzeret and Simchat Torah, he may remove them on Hoshana Rabbah.[6]

Tefillot for Shemini Atzeret

7. If one remembers on Shemini Atzeret night that he forgot to recite Yaaleh VeYavo during the last Minchah of Chol HaMoed, he does not have to repeat the Amidah that night, since one does not gain by reciting the Amidah The poskim dispute whether one has fulfilled his obligation of reciting Minchah on Chol HaMoed without Yaaleh VeYavo, and even according to those poskim who hold that one did not fulfill his obligation, a tefillah nedavah would normally be required. However, there is no way fix this mistake, since one may not recite a tefillah nedavah on Yom Tov.[7]
8. On Shemini Atzeret night, chapter 12 of Tehillim (LaMenatze’ach al HaSheminit) is recited before Arvit.[8]
9. Throughout Shemini Atzeret, one should recite et yom Shemini chag haAtzeret hazeh during the Amidah.[9] If one accidentally said et yom chag haSukkot hazeh, he must return to the beginning of the berachah of Atah Bachartanu, even if he realized his mistake during the berachah of Retzeh. However, if one already finished the Amidah and has moved his feet, he must recite the Amidah [10] The same is true for a ben chutz laAretz on both days of Yom Tov.[11]
10. One must repeat Kiddush on Shemini Atzeret if he accidentally recited the Kiddush for Sukkot.[12]
11. If one is unsure if he recited VeHasi’enu after Yaaleh VeYavo, or if he continued with veAtah berachamecha harabim like one regularly would during Chol HaMoed or Rosh Chodesh, he should go back to the beginning of VeHasienu. If one has already finished the Amidah, he must recite it again.[13]
12. Even those who regularly stand during the Kaddish before Barechu on Friday night do not have to stand during Kaddish on the night of Shemini Atzeret.[14]

Kiddush for Shemini Atzeret

13. One should not recite Kiddush for Shemini Atzeret until tzet hakochavim.[15]
14. During Kiddush, Shehecheyanu is recited because Shemini Atzeret is considered its own holiday, separate from Sukkot.[16]
15. A ben chutz laAretz must eat in the sukkah on Shemini Atzeret without reciting a Lishev BaSukkah.[17]
16. If a ben chutz laAretz who is in Eretz Yisrael for Shemini Atzeret will feel lonely and uncomfortable sitting in the sukkah by himself while his host, who is a ben Eretz Yisrael, sits inside the house, or if it will be an inconvenience for one’s host to come outside to the sukkah to bring his guest food, then even a ben chutz laAretz may eat indoors along with his host on Shemini Atzeret.[18]
17. If a ben Eretz Yisrael is in chutz laAretz during Shemini Atzeret, he must eat in the sukkah along with the bnei chutz laAretz unless he is alone in a place where bnei chutz laAretz will not see him.[19]

Keriat HaTorah on Shemini Atzeret

23. The Ashkenazic custom is to read the Torah both on the night of Simchat Torah as well as during the day. However, the custom for Sephardim is only to read the Torah during the day. Therefore, a Sephardi should not receive an aliyah at night if he is praying with an Ashkenazic minyan.[20]
24. During Shacharit for bnei Eretz Yisrael, three sifrei Torah are taken out. The first sefer Torah is used to read from the beginning of parashat Vezot Haberachah until the end of the Torah. The second sefer Torah is used to read from the beginning of parashat Bereshit until asher bara E-lohim laasot. The third sefer Torah is used to read part of parashat Pinchas (Bamidbar 29:35). The haftarah is then read from Vayehi acharei mot Moshe (Yehoshua 1:1).[21]
25. For bnei chutz laAretz, only two sifrei Torah are taken out. From the first sefer Torah, the parashah of Kol HaBechor (Devarim 15:19) is read with only five aliyot. If the first day of Yom Tov is on Shabbat, seven aliyot are called up to the Torah, and the parashah begins with Aser te’aser (Devarim 14:22). For Maftir, part of parashat Pinchas (Bamidbar 29:35) is read, and the haftarah is read from Melachim I (8:54–67).[22]
26. On Simchat Torah, many aliyot are generally distributed. Therefore, it is customary to repeat the aliyah of U’leAsher Amar (Devarim 33:24) so that that everyone may receive an aliyah.[23]
27. If there are many people in the congregation, many sifrei Torah may be taken out and read from in different spots in the synagogue so that everyone may receive an aliyah more quickly. However, one should make sure that there are at least ten people at each Torah reading.[24]
28. It is customary in many communities to give an aliyah to all of the children together, while spreading a tallit over them. One of the children recites the berachah, and reads from the Torah on behalf of all of them. After the aliyah, the rabbi or chazzan of the community blesses the children with the pasuk “HaMalach HaGoel Oti…” (Bereshit 48:16), and also adds the pesukim of Birkat HaKohanim.[25]
29. On Simchat Torah it is permissible to spread a tallit over the heads of the children who get an Aliyah or the Chattan Torah.[26]
30. There are three “chatanim” on Simchat Torah, chatan me’onah, chatan Torah, and chatan Bereshit. Chatan me’onah reads from Devarim 33:27-29.[27] Chatan Torah is the aliyah before the person who is called up for the aliyah in which the end of parashat Vezot Haberachah is read is called chatan Torah. The one who is called up for the aliyah in which Bereshit is read is called chatan Bereshit. Many congregations customarily auction off these aliyot. However, these aliyot should primarily be given to upstanding individuals who are involved in the community, or to talmidei chachamim.[28]
31. The nicest sefer Torah should be used for reading Vezot Haberachah since many berachot will be recited over it, and it is the Torah that the chatan Torah receives an aliyah, which is the most respected aliyah of the day.[29]
32. Even an avel may be chatan Torah.[30]
33. One who is not married is permitted to receive chatan Torah.[31]
34. Two brothers or a father and son may receive the aliyot of chatan Torah and chatan Bereshit, even though two brothers or a father and son may not normally receive two adjacent aliyot.[32] Similarly, two kohanim or two leviim may receive the aliyot of chatan Torah and chatan Bereshit. Even a third kohen or levi may receive Maftir.[33]
35. Chatan Torah and chatan Bereshit should not receive any aliyot However, if they did, they may still receive the aliyot of the chatan Torah or chatan Bereshit. If a kohen will receive the aliyah of chatan Torah, and there are no other kohanim in the synagogue, he may lechatchilah receive both aliyot of Kohen and chatan Torah.[34]
36. A ben Eretz Yisrael may not receive an aliyah on Yom Tov sheni (Simchat Torah) in a chutz laAretz[35]
37. A ben chutz laAretz may receive an aliyah, even Chatan Torah, on his first day of Yom Tov (Shemini Atzeret) in Eretz Yisrael.[36]
38. After completing parashat Vezot Haberachah, some communities have the custom to recite Hadran alach Orayta kaddishta.[37] Similarly, before starting parashat Bereshit, some communities have the custom to recite the words basimana tava.[38] However, these customs should be avoided so that one should not make an interruption between reading the end and the beginning of the Torah. Therefore, the chatan Bereshit should immediately begin reciting the berachah upon the Torah after the chatan Torah has finished his berachah upon his aliyah.[39]
39. After Bereshit is read, Kaddish is recited.[40] Another Kaddish is recited after Maftir.[41]

Tikkun Hageshem

35. After the sifrei Torah are put away, the chazzan begins to recite Tikkun HaGeshem, to commence the recitation of mashiv haruach umorid hageshem during the Mussaf Amidah.[42]
36. If one forgot to say mashiv haruach and said morid hatal, he does not have to repeat the Amidah. However, if one did not yet say Hashem’s Name in the berachah of Mechayeh HaMetim, he should return to mashiv haruach.[43]

Minchah

37. During Minchah of Shemini Atzeret that occurs on Shabbat, bnei Eretz Yisrael read from parashat Bereshit, and bnei chutz laAretz read from parashat Vezot Haberachah.[44]

Hakafot

38. On the night of Simchat Torah, after praying Arvit, it is customary to sing, dance, and circle the bimah seven times with sifrei Torah in honor of completing the Torah.[45]
39. Even though dancing and clapping are generally forbidden on Shabbat and Yom Tov, one may dance and clap on Simchat Torah, even when it is on Shabbat, since Simchat Torah is an exception to the general rule.[46]
40. The hakafot should be done counter-clockwise (starting from the east, to north, west, and then south).[47]
41. One may not play music on Simchat Torah. Similarly, one may not shake the rimonim on the sefer Torah to hear them jingle.[48]
42. Throughout the hakafot, someone should be holding the sefer Torah.[49]
43. It is customary to dance with the sifrei Torah in the streets.[50]
44. During the hakafot, if one is too tired to stand, for example, if he is ill or elderly, then he may sit between hakafot. However, if he is able, he should stand during the hakafot and while the sifrei Torah are being put away.[51]
45. A sefer Torah should not be given to a minor or one who may possibly drop it.[52]
46. An avel may circle the bimah for the hakafot, but he should not dance.[53]

48. Some communities in chutz laAretz have the custom to do hakafot on both Shemini Atzeret and Simchat Torah.[54]
49. Many communities have the custom to do hakafot after Minchah and on motzaei Simchat Torah.[55

Tachanun during Tishrei

49. Many congregations have the custom to refrain from reciting Tachanun from after Yom Kippur until the second of Cheshvan.[56]

[1]. Shulchan Aruch 666:1; Mishnah Berurah 666:2; Kaf HaChayim 666:2.

[2]. Shulchan Aruch 666:1; Shaar HaTziyun 666:2; Birkei Yosef 666:2; Yalkut Yosef, Kitzur Shulchan Aruch 666:2. See Ben Ish Chai, Vezot Haberachah 1:16, which states that simply spreading a tarp over the schach does not invalidate the sukkah since it is difficult to tell when eating in the sukkah that one is sitting in a pasul sukkah.

[3]. Yabia Omer 9:62; Chazon Ovadia, Sukkot, p. 481.

[4]. Rama 567:1.

[5]. Shulchan Aruch 667:1; Kaf HaChayim 667:6.

[6]. Chazon Ovadia, Sukkot, p. 92.

[7]. See Yabia Omer, vol. 4, O.C. §51, which discusses this subject at length; and Yalkut Yosef, Sukkah, pages 743–752.

[8]. Sofrim 19:2; Chazon Ovadia, Sukkot, p. 451.

[9]. See Mishnah Berurah 668:3–4 regarding saying chag Shemini Atzeret — it cites several poskim who argue with the Rama 668:1, which states that one should not call Shemini Atzeret a chag. See also Birkei Yosef 668:1; Moed LeChol Chai 25:4; Kaf HaChayim 668:4; Ben Ish Chai, Vezot Haberachah 1:12; and Chazon Ovadia, Sukkot, p. 451, which state that the Sephardic custom is to say שמיני חג העצרת הזה.

[10]. Birkei Yosef 668:2; Chayim Shaal, vol. 1, 74:10; Yosef Ometz 668:8; Moed LeChol Chai 25:3; Yafeh LaLev 668:2; Sdei Chemed, Yom Tov 2:2; Yabia Omer 4:51 & 10:49; Chazon Ovadia, Sukkot, p. 451; Igrot Moshe, O.C. 3:97. This is unlike Halichot Shlomo, Sukkot, p. 243 and Tzitz Eliezer, vol. 10, 28:2. See also Rav Pe’alim 4:6 and Ben Ish Chai, Vezot Haberachah 1:12. Chazon Ovadia, Sukkot, p. 451 adds that one should also stipulate that if he is not obligated to repeat the Amidah, he is doing so as a tefillah nedavah.

[11]. See Kaf HaChayim 668:3, which states that if a ben chutz laAretz made a mistake and accidentally said chag haSukkot, he does not have to repeat the Amidah. However, Chazon Ovadia, Sukkot, p. 454 says that since we have an established calendar, even a ben chutz laAretz must repeat the Amidah, since we are no longer uncertain regarding which days are chag. See also Ohr LeTzion, vol. 4, 40:1.

[12]. Chazon Ovadia, Sukkot, p. 451.

[13]. Chazon Ovadia, Sukkot, p. 454.

[14]. See Chazon Ovadia, Sukkot, p. 456, in the footnotes, which cites the sefer Bet HaSho’evah, which states that according to the Siddur HaAri, one does not have to stand during the Kaddish before Barechu on Yom Tov night.

[15]. Moed LeChol Chai 25:65; Birkei Yosef 668:5; Ben Ish Chai, Vezot Haberachah 1:13; Chazon Ovadia, Sukkot, p. 469.

[16]. Shulchan Aruch 668:1; Mishnah Berurah 668:8.

[17]. Shulchan Aruch 668:1; Chazon Ovadia, Sukkot, p. 479.

[18]. Yechaveh Daat 2:76; Chazon Ovadia, Sukkot, p. 479; Yalkut Yosef, Arbaat HaMinim, p. 906; Yom Tov, p. 132; Ohr LeTzion, vol. 3, 23:11; Yom Tov Sheni KeHilchato 2:14, in footnotes; Halichot Shlomo, Sukkot 12:18; Shalmei Moed, p. 179; Kovetz Halachot, Sukkot, p. 233; Minchat Yitzchak, vol. 9, 54:2, p. 66.

[19]. Birkei Yosef 668:4.

[20]. Teshuvot HaRishon LeTzion, vol. 1, p. 218; Yalkut Yosef, Arbaat HaMinim, pp. 864–866; Chazon Ovadia, Sukkot, p. 457.

[21]. Shulchan Aruch 668:2.

[22]. Shulchan Aruch 668:2; Kaf HaChayim 668:25. The Ashkenazic custom is always to begin from Aser taaser. See Mishnah Berurah 668:12.

[23]. Chazon Ovadia, Sukkot, p. 469.

[24]. Chazon Ovadia, Sukkot, p. 471.

[25] See Shalmei Tzibbur 17:3. Sukkat Tzion, p. 376 brings sources that report that this custom dates back more than 500 years. See also Chazon Ovadia, Sukkot, p. 478, and Yalkut Yosef, Arbaat HaMinim, p. 878.

[26] Chazon Ovadia, Shabbat, vol. 5, p.297; ibid., Sukkot, p. 478; Yabia Omer 7:55; Halichot Olam, vol. 4, p. 5.

[27] See Sukkat Tzion, p. 378, for Kabbalistic reasons for chatan me’onah.

[28]. Rama 669:1; Mishnah Berurah 669:1–2; Kaf HaChayim 669:10. Chazon Ovadia, Sukkot, p. 472 adds that even if the person is a baal teshuvah, he may receive the aliyah of Chatan Torah, since he is no different from any other religious person, especially if he is a talmid chacham.

[29] Sukkat Tzion, p. 369.

[30]. See Chazon Ovadia, Sukkot, p. 473, which permits an avel to be chatan Torah, but he should not sing too much or make a large meal in honor of receiving this aliyah.

[31] Yaskil Avdi 7:41.

[32]. Yechaveh Daat 3:50; Chazon Ovadia, Sukkot, p. 474; Halachah Berurah, vol. 7, p. 214.

[33]. Levush 135:10; Magen Avraham 135:16; Pri Megadim, Eshel Avraham 135:16; Chayei Adam 31:21; Mishnah Berurah 135:36; Kaf HaChayim 135:61; Yaskil Avdi 8:30; Yechaveh Daat 3:50; Chazon Ovadia, Sukkot, p. 476; Halachah Berurah, vol. 7, p. 117.

[34]. Chayim Shaal, vol. 2, 38:72; Chazon Ovadia, Sukkot, p. 477.

[35]. Chayim Shaal 1:13; LeDavid Emet §30; Moed LeChol Chai 25:27; Yabia Omer, vol. 9, 53:2; ibid., siman 65; ibid. 81:23; ibid., vol. 10, siman 50; Chazon Ovadia, Sukkot, p. 483.

[36]. Moed LeChol Chai 25:27; Chazon Ovadia, Sukkot, p. 484; Yabia Omer 11:70.

[37]. Kaf HaChayim 669:6.

[38]. Rav Pe’alim, vol. 3, O.C. §42.

[39]. Moed LeChol Chai 25:25; Yabia Omer, vol. 10, §55, “He’arot al Rav Pe’alim” 3:33; 11:71; Chazon Ovadia, Sukkot, p. 470.

[40] Some people have the custom that only the chatan Torah recites Kaddish (see Sukkat Tzion, p. 387). I had the merit of receiving chatan Bereshit along with Chacham David Yosef who had received chatan Torah, and he instructed me to recite kaddish along with him. This custom is also cited by Ki Ba Moed, p. 279. See also Yalkut Yosef, Arbaat HaMinim, p. 891, who brings both customs.

[41]. Kaf HaChayim 668:16; Chazon Ovadia, Sukkot, p. 470.

[42]. Shulchan Aruch 668:2. See Chazon Ovadia, Sukkot, p. 485.

[43]. Shulchan Aruch 114:5; Chazon Ovadia, Sukkot, p. 485, in the footnotes.

[44]. Birkei Yosef 668:8.

[45]. Rama 669:1. See also Chazon Ovadia, Sukkot, p. 464, which cites Rambam, Lulav 8:15, who writes that one should not refrain from dancing and feeling joy on Simchat Torah, even if dancing is seemingly below one’s stature. See also Lev David §32 and Moed LeChol Chai 25:40, which discuss the importance of being happy on Simchat Torah. Shalmei Tzibbur, p. 294b even says that one who is especially careful to be joyous on Simchat Torah will be blessed that his offspring will become great Torah scholars. Chacham David Yosef related to me that his grandfather, Rabbi Yaakov Ovadia, was known to dance very fervently on Simchat Torah, and it was in this merit that he merited to have Chacham Ovadia Yosef.

[46]. Rama 669:1; Mishnah Berurah 669:5; Shaar HaTziyun 669:5; Yabia Omer, vol. 7, 56:6; Chazon Ovadia, Sukkot, pages 456–457. See also Ben Ish Chai, Vezot Haberachah 1:18, which states that when clapping, one should clap his right hand over his left hand.

[47] Sukkat Tzion, p. 356.

[48]. Mishnah Berurah 339:8; Mishpetei Uziel 1:13; Yechaveh Daat 3:49; Chazon Ovadia, Sukkot, p. 458.

[49]. Chida in Tziporen Shamir §12; Lev Chayim §122, in the name of the Rashash; Chazon Ovadia, Sukkot, p. 459. See also Sukkat Tzion, p. 349, who says that some people have the custom that someone stands by the bimah and holds the sefer Torah, while the congregation dances around the bimah, and others have the custom that someone holds the sefer Torah and circles the bimah along with everyone. Each community should do as their custom.

[50]. Birkei Yosef 135:13; Lev Chayim 2:21; Yaskil Avdi, vol. 5, siman 9; ibid., vol. 6, Hashmatot, p. 294, 4; Chazon Ovadia, Sukkot, p. 460; Yabia Omer 4:15 & 7:56; Halachah Berurah, vol. 7, p. 129. This is unlike the view of Kaf HaChayim 135:77, which is stringent and states that one should not take the sifrei Torah outside.

[51]. Aruch HaShulchan 282:5; BaTzel HaChochmah 5:139; Halichot Shlomo, Sukkot 12:9, p. 243; Chazon Ovadia, Sukkot, p. 465; Ohr LeTzion, vol. 4, 40:2.

[52]. Chazon Ovadia, Sukkot, p. 463; Halichot Shlomo, Sukkot 12:10, p. 245; Ohr LeTzion, vol. 4, 40:2, end of the footnote.

[53]. Chazon Ovadia, Sukkot, p. 467; ibid., Avelut, vol. 2, p. 365; Halichot Shlomo, Sukkot 12:11; Shalmei Moed, p. 166.

[54]. Chida in Tuv Ayin §14 writes that in chutz laAretz, one should only do hakafot on Yom Tov sheni. However, Ben Ish Chai, Vezot Haberachah 1:17 states that those who have the custom to do hakafot on both days may continue their custom. See also Kaf HaChayim 668:33; Halichot Olam, vol. 2, p. 305; and Chazon Ovadia, Sukkot, p. 482.

[55]. LeDavid Emet 26:6 in the name of the Rashash; Moed LeChol Chai 25:37; Kaf HaChayim 669:30. See also Sukkat Tzion, p. 396, who reports that Rabbenu Yosef Chaim (the Ben Ish Chai) would dance more during the hakafot of Minchah than any other time throughout Simchat Torah.

[56]. See Shulchan Aruch, O.C. 131:7, which seems to imply that Tachanun is recited after Sukkot. However, Chayim Shaal 2:35; Kesher Gudal 19:17; Yafeh LaLev 131:17; Kaf HaChayim 131:98; Chazon Ovadia, Sukkot, p. 487; and Halachah Berurah, vol. 7, p. 47 state that it is customary in many communities, especially in Eretz Yisrael, to refrain from reciting Tachanun until after Rosh Chodesh Cheshvan. The Aruch HaShulchan 131:12 says that the Ashkenazic custom, however, is to recite Tachanun beginning from the day after isru chag of Sukkot.