Sephardic law and customs

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Sephardic rabbi and philosopher Maimonides

Sephardic law and customs are the law and customs of Judaism which are practiced by Sephardim or Sephardic Jews (lit. "Jews of Spain"); the descendants of the historic Jewish community of the Iberian Peninsula, what is now Spain and Portugal. Many definitions of "Sephardic" also include Mizrahi Jews, most of whom follow the same traditions of worship as those which are followed by Sephardic Jews. The Sephardi Rite is not a denomination nor is it a movement like Orthodox Judaism, Reform Judaism, and other Ashkenazi Rite worship traditions. Thus, Sephardim comprise a community with distinct cultural, juridical and philosophical traditions.[1]

Sephardim are, primarily, the descendants of Jews from the

crypto-Jews, fleeing in the following few centuries. In religious parlance as well as in modern Israel, the term is broadly used in reference to all Jews who have Ottoman or other Asian or North African backgrounds, whether or not they have any historic link to Spain, but some prefer to distinguish Sephardim proper from Mizraḥi Jews.[2]

For the purposes of this article, there is no need to distinguish Iberian Sephardi and Mizrahi Jews, as their religious practices are basically similar: whether or not they are "Spaniard Jews" they are all "Jews of the Spanish rite". There are three reasons for this convergence, which are explored in more detail below:

  • Both groups follow general
    Ashkenazic
    tradition.
  • The Spanish rite was an offshoot of the Babylonian-Arabic family of Jewish rites and retained a family resemblance to the other rites of that family.
  • Following the expulsion the Spanish exiles took a leading role in the Jewish communities of Western Asia (the Middle East) and North Africa, who modified their rites to bring them still nearer to the Spanish rite, which by then was regarded as the standard.
The Shulchan Aruch, a universal code of Jewish law, reflects Sephardic laws and customs.

Law

Jewish law is based on the

colleges
in Babylonia.

The Gaonic period

The two principal colleges,

Yehudai Gaon and the Halachot Gedolot by Simeon Kayyara
.

Spain

The learning of the Gaonim was transmitted through the scholars of

Nissim Gaon, to Spain, where it was used by Isaac Alfasi in his Sefer ha-Halachot (code of Jewish law), which took the form of an edited and abridged Talmud. This in turn formed the basis for the Mishneh Torah of Maimonides. A feature of these early Tunisian and Spanish schools was a willingness to make use of the Jerusalem Talmud
as well as the Babylonian.

Developments in France and Germany were somewhat different. They too respected the rulings of the

Yaakov Moelin. Further instances of Ashkenazic custom were contributed by the penitential manual of Eleazar of Worms and some additional stringencies on sheḥitah (the slaughter of animals) formulated in Jacob Weil
's Sefer Sheḥitot u-Bediqot.

The learning of the Tosafists, but not the literature on Ashkenazic customs as such, was imported into Spain by Asher ben Yeḥiel, a German-born scholar who became chief rabbi of Toledo and the author of the Hilchot ha-Rosh - an elaborate Talmudic commentary, which became the third of the great Spanish authorities after Alfasi and Maimonides. A more popular résumé, known as the Arba'ah Turim, was written by his son, Jacob ben Asher, though he did not agree with his father on all points.

The Tosafot were also used by the scholars of the Catalan school, such as

Solomon ben Adret, who were also noted for their interest in Kabbalah. For a while, Spain was divided between the schools: in Catalonia the rulings of Nahmanides and ben Adret were accepted, in Castile those of the Asher family and in Valencia those of Maimonides. (Maimonides' rulings were also accepted in most of the Arab world, especially Yemen, Egypt and the Land of Israel
.)

After the expulsion

Following the expulsion of the Jews from Spain, Jewish law was codified by

Solomon ben Adret
), some of whose opinions had Ashkenazi origins. The Bet Yosef is today accepted by Sephardim as the leading authority in Jewish law, subject to minor variants drawn from the rulings of later rabbis accepted in particular communities.

The Polish rabbi Moses Isserles, while acknowledging the merits of the Shulḥan Aruch, felt that it did not do justice to Ashkenazi scholarship and practice. He accordingly composed a series of glosses setting out all respects in which Ashkenazi practice differs, and the composite work is today accepted as the leading work on Ashkenazi halachah. Isserles felt free to differ from Caro on particular points of law, but in principle he accepted Caro's view that the Sephardic practice set out in the Shulḥan Aruch represents standard Jewish law while the Ashkenazi practice is essentially a local custom.

So far, then, it is meaningless to speak of "Sephardic custom": all that is meant is Jewish law without the particular customs of the Ashkenazim. For this reason, the law accepted by other non-Ashkenazi communities, such as the

Morocco
.

An important body of customs grew up in the

the list of usages below
they are distinguished by an L sign.

Liturgy

Origins

For the outline and early history of the Jewish liturgy, see the articles on

Jewish services. At an early stage, a distinction was established between the Babylonian ritual and that used in Palestine, as these were the two main centres of religious authority: there is no complete text of the Palestinian rite, though some fragments have been found in the Cairo Genizah.[3]

Most scholars maintain that

Yehudai Gaon and Pirqoi ben Baboi,[8] the communities of Palestine, and Diaspora communities such as Kairouan
which had historically followed Palestinian usages, had adopted Babylonian rulings in most respects, and Babylonian authority was accepted by Jews throughout the Arabic-speaking world.

Early attempts at standardizing the liturgy which have been preserved include, in chronological order, those of

David Abudirham (c. 1340), who was concerned to ensure conformity with the rulings of halachah, as understood by the authorities up to and including Asher ben Yehiel. Despite this convergence, there were distinctions between the liturgies of different parts of the Iberian peninsula: for example the Lisbon and Catalan rites were somewhat different from the Castilian rite, which formed the basis of the later Sephardic tradition. The Catalan rite was intermediate in character between the Castilian rite and that of Provence: Haham Gaster classified the rites of Oran and Tunis in this group.[11]

Post-expulsion

After the expulsion from Spain, the Sephardim took their liturgy with them to countries throughout the Arab and

Romaniot and one Ashkenazi synagogue).[12]

In a process lasting from the 16th through the 19th century, the native Jewish communities of most Arab and Ottoman countries adapted their pre-existing liturgies, many of which already had a family resemblance with the Sephardic, to follow the Spanish rite in as many respects as possible. Some reasons for this are:

  1. The Spanish exiles were regarded as an elite and supplied many of the Chief Rabbis to the countries in which they settled, so that the Spanish rite tended to be favoured over any previous native rite;
  2. The invention of printing meant that Siddurim were printed in bulk, usually in Italy, so that a congregation wanting books generally had to opt for a standard "Sephardi" or "Ashkenazi" text: this led to the obsolescence of many historic local rites, such as the Provençal rite;
  3. R. Joseph Caro's Shulḥan Aruch
    presupposes a "Castilian rite" at every point, so that that version of the Spanish rite had the prestige of being "according to the opinion of Maran";
  4. The
    Chaim Joseph David Azulai
    ).
  5. The influence of Isaac Luria's Kabbalah, see the next section.

Lurianic Kabbalah

The most important theological, as opposed to practical, motive for harmonization was the Kabbalistic teachings of Isaac Luria and Ḥayim Vital. Luria himself always maintained that it was the duty of every Jew to abide by his ancestral tradition, so that his prayers should reach the gate in Heaven appropriate to his tribal identity.[13] However he devised a system of usages for his own followers, which were recorded by Vital in his Sha'ar ha-Kavvanot in the form of comments on the Venice edition of the Spanish and Portuguese prayer book.[14] The theory then grew up that this composite Sephardic rite was of special spiritual potency and reached a "thirteenth gate" in Heaven for those who did not know their tribe: prayer in this form could therefore be offered in complete confidence by everyone.

Further Kabbalistic embellishments were recorded in later rabbinic works such as the 18th century Ḥemdat Yamim (anonymous, but sometimes attributed to

Ḥayim Palaggi
.

The influence of the Lurianic-Sephardic rite extended even to countries outside the Ottoman sphere of influence such as Iran (Persia). (The previous Iranian rite was based on the Siddur of Saadia Gaon.[15]) The main exceptions to this tendency were:

There were also Kabbalistic groups in the Ashkenazic world, which adopted the Lurianic-Sephardic ritual, on the theory of the thirteenth gate mentioned above. This accounts for the "Nusach Sefard" and "Nusach Ari" in use among the Hasidim, which is based on the Lurianic-Sephardic text with some Ashkenazi variations.

19th century

From the 1840s on a series of prayer-books was published in

Ladino
, but also had a wider distribution.

An important influence on Sephardic prayer and custom was the late 19th century Baghdadi rabbi known as the

Bet El yeshivah. These rulings and observations form the basis of the Baghdadi rite: both the text of the prayers and the accompanying usages differ in some respects from those of the Livorno editions. The rulings of the Ben Ish Ḥai have been accepted in several other Sephardic and Oriental communities, such as that of Jerba
.

Present day

In the Sephardic world today, particularly in Israel, there are many popular prayer-books containing this Baghdadi rite, and this is what is currently known as Minhag Edot ha-Mizraḥ (the custom of the Oriental congregations). Other authorities, especially older rabbis from North Africa, reject these in favour of a more conservative Oriental-Sephardic text as found in the 19th century Livorno editions; and the Shami Yemenite and Syrian rites belong to this group. Others again, following R. Ovadia Yosef, prefer a form shorn of some of the Kabbalistic additions and nearer to what would have been known to R. Joseph Caro, and seek to establish this as the standard "Israeli Sephardi" rite for use by all communities.[16] The liturgy of the Spanish and Portuguese Jews differs from all these (more than the Eastern groups differ from each other), as it represents an older form of the text, has far fewer Kabbalistic additions and reflects some Italian influence. The differences between all these groups, however, exist at the level of detailed wording, for example the insertion or omission of a few extra passages: structurally, all Sephardic rites are very similar.

Instances of Sephardic usage

Code Description
L Sephardic usage derived from Lurianic Kabbalah (some of these are accepted by Greek and Turkish Sephardim and Mizrahi Jews but not by Western communities such as the Spanish and Portuguese Jews)
P Sephardic usage inherited from
Ashkenazic usage is Babylonian
B Sephardic usage conforming to the
Ashkenazic usage is Palestinian

Tefillin

  • Most Sephardi groups do not put on tefillin during Ḥol ha-Mo`ed (the middle days of festivals). L
  • They say only one blessing to cover the tefillin of the arm and the head, rather than one for each. However they say the second blessing if they are interrupted and have to say something after placing the arm tefillin.
  • Sephardim wind the tefillin strap anti-clockwise (for a right-handed person). The form of the knot and of the wrappings round the hand are also different from that of the Ashkenazim.
  • The letter shin on the head tefillin has a different calligraphy than on the Ashkenazi tefillin.
  • The script used in Torah scrolls, tefillin and mezuzot is different from the Ashkenazic and nearer to the printed square characters.[17]

Tzitzit

  • It's not a Sephardi practice to let the tzitziyot of the tzitzit katan hang out.
  • In the tzitzit, each winding loops through the preceding one, and the pattern of windings between the knots is either 10-5-6-5 (in some communities, L) or 7-8-11-13 (in others, per Shulḥan `Arukh).[18]

Mezuzah

Liturgy

  • In many of the prayers, Sephardim preserve
    Biblical Hebrew: examples are "Naqdishakh" (not "Naqdishkha") and "ha-Gefen" (not "ha-Gafen").[19]
  • Sephardim read/chant most of the prayers end to end out loud, unlike the Ashkenazi practice that the Hazan reads the first line out loud, followed by silent reading, and finishing up by reading the last few lines out loud before moving to the next prayer.
  • Sephardim start Mincha with Patach Eliyahu, Leshem Yihud, Ma Yedidot,L Korban HaTamid, and Parashat HaKtoret before Ashrei. While Patach Eliyahu is sometimes omitted, the other prayers are standard practice by most Sephardim.
  • Friday evening, most Sephardi groups (but not the Spanish and Portuguese) sing the Shir hashirim between Minha and Kabbalat Shabbat. L
  • The order of the prayers in the Zemirot differs from the Ashkenazi practice and has some additional prayers included.
  • Close to the end of the
    Weekly Maqam
    in the Eastern communities.
  • Before the `Amida they don't say Tzur Yisrael.
  • The second blessing before the Shema begins "Ahavat `Olam" (and not "Ahavah Rabbah") in all services.
  • Many Sephardim don't take 3 steps back and 3 steps forward before the `Amida nor bend their knees.
  • In the summer months they use the words Morid ha-Ṭal in the second blessing of the ``Amida. P
  • The Qedushah of the morning service begins "Naqdishakh ve-Na`ariṣakh", and the Qedushah of
    musaf (the additional service for Shabbat
    and festivals) begins "Keter Yitenu L'kha".
  • There are separate summer and winter forms for the "Birkat ha-Shanim".
  • There is no
    minḥah
    (the afternoon service) on any day. P
  • In most communities, Kohanim say the Birkat ha-Kohanim every day during Shaharit and Musaf even outside of Israel, unlike the Ashkenazi practice to say it only on the major Festivals. However, in Spanish and Portuguese communities, it is recited only on festivals like Ashkenazim, and in some communities, it is done on Shabbat but not during the week.
  • The last blessing of the `Amidah is "Sim Shalom" (and not "Shalom Rav") in all services.
  • In most communities (except for Spanish and Portuguese) since the times of the Ari, the short Tahanun includes the Vidui, the Thirteen Attributes, and Psalm 25, among others.L The order of the long Tahanun varies based on the particular rite and includes 3 additional Thirteen Attributes. Most communities stand for the beginning of
    Tahanun
    (including the Vidui, the Thirteen Attributes) and sit erect (without resting their head on their arm) for Psalm 25, but customs vary between communities.
  • When taking out the Torah on shabbat, most Sephardic communities recite Ata horeta ladaat.
  • Some of the haftara readings are different than the Ashkenazi practice.
  • Close to the end of the Musaf service, Sephardim read Kol Yisrael before Ein Keloheinu.
  • The Hazan calls Barechu before the `Aleinu.
  • After Aleinu, some Sephardim say Uvtorateha Hashem Elokeinu katuv leimor Shema` ...
  • Most Sephardim sit for Kaddish unless they were standing previously.
  • The Kaddish is longer and the congregation responds Amen after Berich hu.
  • Adon Olam has an extra stanza (and is longer still in Oriental communities[20]).
  • Shalom Aleichem has an extra stanza.
  • The verses recited at the beginning of
    Havdala
    are different from the Ashkenazi practice.
  • The blessing before Hallel concludes with לגמור את ההלל, rather than לקרא את ההלל.

Torah scroll

  • In many communities (mostly Mizrahi rather than Sephardi proper) the Torah scroll is kept in a tiq (wooden or metal case) instead of a velvet mantle.
  • They lift the Torah scroll and display it to the congregation before the Torah reading rather than after.[21] B

Synagogue

  • Typically, the Torah reading platform, which Sephardim generally call Teva/Teba, is traditionally not in the front of the sanctuary but in the center or back of it.
  • In Middle Eastern communities, the Torah is read on a horizontal box also called the Teva/Teba rather than a slanted table as the Ashkenazic or Western Sephardic tradition.
  • The ark where the Torah scrolls are stored is called Hekhal (also Hekhal kodesh in the Greek and Turkish communities), rather than Aron kodesh.

Torah service

  • The blessing after the `Aliya may include Torato before Torat emet.
  • After an `Aliya, the `oleh is congratulated by other congregants with Hazak uvaruch rather than Yasher koach and the ole responds with Hazak ve'ematz.
  • Most Sephardim remain seated when the 10 Commandments are being read. However Western Sephardim (UK and the Netherlands) stand, similar to Ashkenazim.

Kashrut

  • Sephardim distinguish rice from kitniyyot.
    • While Mizrachi Jews generally eat rice on Passover, many Spanish, Portuguese, Greek, Turkish, and North African Sephardim do not.
    • Most Sephardim regard it as permissible to eat fresh
      legumes
      and seeds such as green beans and fresh peas or maize) on Passover.
    • The custom of eating dried legumes on Passover varies between communities, it is independent of the custom of eating rice.
    • Some Greek and Turkish Sephardim have the custom to also avoid potatoes on Passover.
  • Many Sephardim avoid eating fish with milk, as in Eastern Mediterranean countries this is widely considered to be unhealthy (by non-Jews as well as Jews). Ashkenazim and Western Sephardim argue that this practice originated from a mistake in the Bet Yosef, and that the prohibition really concerned the eating of fish with meat.[22]
  • The laws of sheḥitah are in some respects stricter and in other respects less strict than those of Ashkenazim (modern kashrut authorities try to ensure that all meat complies with both standards).
  • The Sephardi definition of bread is significantly stricter than the Ashkenazi one. Many challot consumed by Ashkenazim on Shabbat contain too much egg, sugar, raisin, even chocolate to Sephardi standards and are considered cake (uga, עוגה) rather than bread (lechem, לחם). Therefore the hamotzi lechem (המוציא לחם) blessing cannot be said over it and in turn the kiddush is not valid. Ashkenazi hosts are encouraged to be sensitive to this difference when having Sephardi guests over.

Holidays

Yamim Noraim

Hanukkah

  • Only one set of Hanukkah lights is lit in each household.
  • The shammash is generally lit after the other Hanukkah lights and after singing Hannerot hallalu, instead of being used to light them (which would be impractical, given that the lights are traditionally oil lamps rather than candles).

Passover

  • Sephardim only say blessings over the first and third cups of Passover wine, instead of over all four.
  • The items on the
    Ashkenazim
    ). L

Counting of the `Omer period

  • During the Counting of the `Omer period, observant Sephardi men avoid cutting their hair and shaving/cutting their beard for 34 days, rather than 33, as the Ashkenazi practice.

Life cycle

Birth and naming

Marriage

  • The bride does not traditionally circle the groom.

Bereavement

Given names

  • Sephardim often name their children after living grandparents, which is a great respect. On the other hand, Ashkenazim never name their children after a living person.

Bibliography

Rabbinic works

Halachah

Kabbalah

  • Vital, Ḥayim, Sha'ar ha-Kavvanot (vol. 8 of the 15 volume collected writings)
  • anon., Ḥemdat Yamim
  • Algazi, Yisrael, Shalme Tsibbur and Shalme Ḥagigah

Local customs

Prayer books

See List of Sephardic prayer books.

Secondary literature

See also

Notes

  1. ^ Kahn, Margi Lenga. "Celebrating Sephardic traditions". stljewishlight.com. STL Jewish Light. Archived from the original on 28 July 2020. Retrieved 27 July 2020.
  2. ^ "Jewish Custom". myjewishlearning.com. My Jewish Learing.
  3. ^ Ezra Fleischer, Eretz-Yisrael Prayer and Prayer Rituals as Portrayed in the Geniza Documents (Hebrew), Jerusalem 1988. There is an attempted reconstruction of the Eretz Yisrael rite by David Bar-Hayim of the Machon Shilo.
  4. ^ Leopold Zunz, Die gottesdienstlichen Vorträge der Juden, historisch entwickelt, Frankfurt am Main 1892
  5. .
  6. ^ Moses Gaster, preface to the Book of Prayer of the Spanish and Portuguese Jews' Congregation, London, 1901: reprinted in 1965 and subsequent editions.
  7. ^ Lewin, B. M., Otzar Ḥilluf Minhagim.
  8. Tarbiẕ
    vol. 2 pp. 383-405; Mann, R.E.J. vol. 20 pp. 113-148. It is reprinted in Toratan shel Geonim.
  9. ^ S. Zucker and E. Wust, "The oriental origin of 'Siddur R. Shlomo b. R. Natan' and its erroneous ascription to North Africa" Kiryat Sefer 64 (1992-3) pp 737-46, argue that this prayer book in fact originated in western Iran. This theory is rejected by S. Reif, Problems with Prayers p. 348. See also U. Ehrlich, "The Contribution of Genizah Texts to the Study of Siddur Rabbi Solomon ben Nathan", in B. Outhwaite and S. Bhayro (eds) From a Sacred Source: Genizah Studies in Honour of Professor Stefan C. Reif (Leiden 2011) pp 134-5.
  10. ^ For both points, see Louis Ginzberg, Geonica.
  11. ^ Preface to the Book of Prayer of the Spanish and Portuguese Jews' Congregation, London, above.
  12. ^ Michael Molho, Usos y costumbres de los judíos de Salonica.
  13. ^ "There are many differences between the [various] prayer books, between the Sefardi rite, the Catalonian rite, the Ashkenazi rite, and the like. Concerning this matter, my master [the Ari] of blessed memory told me that there are twelve windows in heaven corresponding to the twelve tribes, and that the prayer of each tribe ascends through its own special gate. This is the secret of the twelve gates mentioned at the end of [the book of] Yechezkel. There is no question that were the prayers of all the tribes the same, there would be no need for twelve windows and gates, each gate having a path of its own. Rather, without a doubt it necessarily follows that because their prayers are different, each and every tribe requires its own gate. For in accordance with the source and root of the souls of that tribe, so must be its prayer rite. It is therefore fitting that each and every individual should maintain the customary liturgical rite of his forefathers. For you do not know who is from this tribe and who from that tribe. And since his forefathers practiced a certain custom, perhaps he is from that tribe for whom this custom is appropriate, and if he comes now and changes it, his prayer may not ascend [to heaven], when it is not offered in accordance with that rite. (Sha'ar ha-Kavvanot, 'Inyan Nusach ha-Tefillah)" Navon, Chaim (Rav); Strauss, translated by David. "The various rites of Jewish liturgy". The Israel Koschitzky Virtual Beit Midrash. Yeshivat Har Etzion. Archived from the original on 2 August 2014. Retrieved 9 March 2015.
  14. ^ Many of the usages attributed to Isaac Luria were not his inventions, but older minority views on Jewish practice, which he revived and justified on Kabbalistic grounds. Some were adopted from the Ḥaside Ashkenaz or the Ashkenazi rite.
  15. ^ Shelomo Tal, Nosaḥ ha-Tefillah shel Yehude Paras.
  16. ^ The diagnostic usage of the Yosef group is the saying of the blessing over the Shabbat candles before instead of after lighting them, in accordance with the Shulchan Aruch; see Azuz, "Kabbala and Halacha".
  17. Walhaz and the use of Hebrew "lo'ez"). For some reason the Shulḥan `Arukh sets out the traditional Ashkenazic script instead. A third script, associated with Isaac Luria
    , is used by Hasidim.
  18. .
  19. ^ This was also the case in Ashkenazi communities until the Renaissance, when scholars such as Shabbetai Sofer published prayer books with the text deliberately altered to meet the standard of Biblical Hebrew as set by the Masoretes.
  20. ^ Except in those communities where (for Kabbalistic reasons) it is not used at all.
  21. ^ Some Mizraḥi communities do not lift it at all, as the tiq is held open while scroll is carried to and from the Hekhal (or 'Aron').
  22. ^ Moses Isserles, Darkhe Mosheh, Yoreh De'ah 87; David HaLevi Segal, Ture Zahav on same passage.
  23. ^ "Wrapped in the Flag of Israel - University of Nebraska Press". Nebraska Press. Retrieved 18 February 2020.

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