Did You Sleep Last Night?

In hospital environments, it is common for people to stay awake throughout the night. Medical and nursing staff are frequently required to work overnight shifts, ensuring continuous patient care and the ability to meet urgent needs at all hours. Additionally, patients themselves are often called for imaging studies and other procedures during the night, disrupting the prospect of extended rest. Many patients also experience pain that makes it difficult, if not impossible, for them to fall asleep. Furthermore, parents and companions of patients may find it challenging to rest due to the uncomfortable, often unfamiliar conditions in the hospital setting. These scenarios raise Halachic questions, the most common regarding the obligations of Netilas Yadayim and Birchos haShachar if someone did not sleep at night.

The Shulchan Aruch rules (O.C. 4:13):

If he was awake all night, it is doubtful whether he must wash his hands in the morning to Daven and to remove the Ru’ach Ra’a from his hands.

The Rema adds:

            He should wash them without a Bracha (Rosh, Klal 4, Rashba 191).

In the Beis Yosef, the Mechaber explains (cited by the Mishna Berura ibid. 27-28 and Biur Halacha ibid. s.v. “Yitlem”) that the uncertainty surrounding the obligation to wash Netilas Yadayim in this scenario stems from a Machlokes Rishonim as to the reason for Netilas Yadayim in the morning:

            According to the Rosh, a person’s hands are “Askaniyos” (naturally inclined toward touching and handling various objects – including typically covered areas of the body – during sleep), and it is impossible that they would not have touched an unclean area of the body during the night. Therefore, Netilas Yadayim is required to allow one to Daven and recite Krias Shema. If so, one who did not sleep, or only slept a Sheinas Arai (a brief sleep), would not require Netilas Yadayim as there is no certainty that he would have touched a part of the body that requires washing the hands.

However, according to the Rashba, the reason for Netilas Yadayim is that when a person awakens, he is like a Berya Chadasha (a new creation), and he must thank Hashem for creating him anew so that he can serve Him and bless Him. This is the basis for both Birchas haShachar and Netilas Yadayim; he must emulate the Kohanim who would wash themselves at the Kiyor before beginning the Avoda.

According to the Rashba, even one who did not sleep requires Netilas Yadayim. Although he did not experience the awakening that is associated with being recreated, Chaza”l did not distinguish between those who slept and those who did not. We can also argue that the Netila celebrates the renewal of people in general each morning, even if one did not experience it personally.

Another reason for Netilas Yadayim is to remove the Ru’ach Ra’a that settles on a person at night. It is unclear whether this is caused by sleep, meaning those who stayed awake may not need Netila, or whether it is simply due to nighttime itself.

            The Halacha follows the Rema, and one should wash without a Bracha. The Poskim dismiss the position of the Bach, who holds that one should recite a Bracha (see the Magen Avraham, ibid. 12 and Taz ibid. 9). They also assert that the Mechaber agrees with the Rema, due to Safek Brachos l’Hakel. This is also the position of the Mekubalim; see the Halacha Berura in the name of Sha’ar haKavanos (1b), the Chida (Birkei Yosef 46:12) and Rashash (Nehar Shalom 20b) et al. The view of the Gra (Ma’asei Rav) is that one should recite a Bracha.^[1]

Lechatchila, a person should defecate^[2] (urination alone does not trigger the requirement for Netilas Yadayim with a Bracha) before Davening and touch one of the usually covered areas of the body (“Mekomos haMechusim”), such as the thigh (see the Shulchan Aruch ibid. 21), or scratch his hair (ibid.). Then he should perform Netilas Yadayim with a Bracha and recite Asher Yatzar. (Based on the Mishna Berura, ibid. 30, and Biur Halacha ibid. 4, s.v. “v’Yitlem”. The Kaf haChaim, however, disagrees. See Halacha Berura ibid. 41). Touching Mekomos haMechusim is sufficient to require the Bracha of Netilas Yadayim, but to avoid a doubt about Asher Yatzar he should relieve himself, as stated above.

Regarding the other Birchos haShachar, Sefardim hold that a person recites all Birchos haShachar even if he did not sleep (Ben Ish Chai, Shana Rishona, v’Zos haBracha 3, Kaf haChaim 46:49, Or l’Tzion 2:4:9, Halacha Berura 46:23). The Ashkenazi Poskim rule that there is a Safek about Asher Yatzar, Elokai Neshama, haMa’avir Sheina, and Birchos haTorah.

The Minhag of Ashkenazim is to recite Asher Yatzar at Shacharis even if one did not relieve himself (Rema 4:1). However, if he did not sleep, there is a Safek about this (Mishna Berura ibid. 3, citing the Pri Megadim), hence it is better to relieve oneself before Shacharis, as above. (In fact, it is better to do this even if one slept; see Mishna Berura ibid. 4). According to the Sefardim, a person does not recite Asher Yatzar unless he relieves himself (as implied by the Beis Yosef and Mechaber, as noted by many Poskim).

There is a Safek regarding reciting Elokai Neshama and haMa’avir Sheina if one did not sleep. This is because the Nusach of these Brachos explicitly mentions a person’s own sleep (unlike the other Birchos haShachar, see below). Therefore, someone who did not sleep should ask somebody else to be Motzi him (Mishna Berura 46:24). The Sefer Ishei Yisrael (5, footnote 43) quotes R’ Chaim Kanievsky and R’ Yehoshua Neuwirth Zichronam l’Vracha as ruling that the Safek applies even if a person slept during the previous day or after Alos haShachar.

There are differing practices regarding Birchos haTorah. According to the Ashkenazim, it is doubtful whether to recite them. A person should ask someone else to be Motzi him and then recite some P’sukim afterwards as a form of Limud haTorah.  Alternatively, he should not recite them but intend to fulfill his obligation to recite Birchos haTorah when he recites Ahava Raba before Krias Shema and then learn something immediately after Davening (Mishna Berura 46:28). If he slept a Sheinas Keva on his bed on the previous day, he may recite Birchos haTorah (Mishna Berura ibid. in the name of R’ Akiva Eger. However, this is only if he did not learn Torah immediately after Ma’ariv. If he did, then the Bracha of Ahavas Olam in Ma’ariv has already exempted the obligation of Birchos haTorah that resulted from his daytime sleep.)

However, according to the Sefardim, he may always recite Birchos haTorah, even if he did not sleep during the previous day (Kaf haChaim 47:26, Yabia Omer 5:6, Or l’Tzion 2:4:9).

Regarding the remaining Birchos haShachar, the Shulchan Aruch rules (46:8) that one who is not obligated in Birchos haShachar (such as one who slept in his clothes and should ostensibly not recite the Bracha of “Malbish Arumim”) should not do so. The Rema disagrees because the Bracha does not relate only to him individually but to the world at large. Even the Sefardim follow the Rema‘s ruling. Accordingly, one who did not sleep should recite Birchos haShachar (see Kaf haChaim ibid. 49, Or l’Tzion 2:4:9, Halacha Berura 47:23).

A person who slept while wearing Tzitzis should not recite a Bracha on them in the morning. Instead, he should intend to exempt them with the Bracha on the Talis Gadol. (This is due to the rule of Safek Brachos l’Hakel. According to the Shulchan Aruch (O.C. 8:16), one should recite a Bracha because night is not the Zman for Tzitzis, thus constituting a Hefsek that necessitates a new Bracha. The Mishna Berura, ibid. 42, cites a Machlokes haPoskim about this, and concludes that, due to the Safek, one should not recite a Bracha. The Halacha Berura 8:22 states that this is also the conclusion of many Sefardi Poskim, despite the Shulchan Aruch’s position.)

Sheinas Arai (Brief Sleep)

Many in the hospital attempt to sleep for a short period, either sitting in a chair or briefly on a bench or sofa. This is considered a Sheinas Arai (Shulchan Aruch, 44:1). As to the length of sleep that constitutes a Sheinas Keva, there are several views among the Poskim (see the Biur Halacha 4:16). Many conclude that it is at least a half hour (Halichos Shlomo, Tefila 6:1, Or l’Tzion 2:1:7 et al.).

According to the Mishna Berura, one who only slept a Sheinas Arai is subject to the same Halachos as one who did not sleep at all (4:27). The Kaf haChaim records a Machlokes over this point but concludes that Safek Brachos l’Hakel. Therefore, a person should ideally relieve himself, touch Mekomos haMechusim, then perform Netilas Yadayim with a Bracha and Asher Yatzar. The Halacha Berura states (4, Birur Halacha 20) that while one who did not sleep at all should not recite the Bracha of Al Netilas Yadayim, even after touching Mekomos haMechusim, one who slept a Sheinas Arai may recite a Bracha.

Regarding other Birchos haShachar for someone who slept only a Sheinas Arai, according to the Ashkenazim:

Birchos haTorah: The Mishna Berura states that a Sheinas Arai is not different than not sleeping at all. A person should ask somebody else to be Motzi him. To be obligated in Birchos haTorah, there needs to be a Hefsek from the previous period. A Sheinas Arai does not constitute a Hefsek.

Elokai Neshama and haMa’avir Sheina: The Mishna Berura indicates (46:24) that the determinative factor is whether one slept for “Shishim Neshimos” (literally “sixty breaths”, which is approximately thirty minutes) during the night. During sleep of this duration, the Neshama is considered to have departed and subsequently returned upon awakening. One who slept for this length of time must say the Birchos haShachar, even if the sleep was otherwise in an Arai fashion. On the other hand, if he did not sleep for this long, it would be as if he had not slept at all. This same distinction presumably applies to the Chiyuv of reciting Asher Yatzar upon awakening, since the underlying rationale also follows this distinction (as the reasoning – namely, the degree of Hefsek created by sleep – also applies, as the Mishna Berura 4:3 implies).

The Halacha that sleeping while sitting is a Sheinas Arai only applies to one who is accustomed to sleeping in a bed. If a person’s medical condition always compels him to sleep upright, it is considered a Sheinas Keva (this conclusion may be drawn from R’ Elyashiv’s ruling, cited in Peninei Tefila by R’ Ben Tzion Kook, p50). This also applies to sleeping upright on a plane, since this is the regular way to sleep while traveling.

R’ Chaim Pinchas Sheinberg zt”l wrote an essay on this subject (quoted in Kovetz “Tzohar” – Elul 5760, Ohel Baruch p450):

The main distinction between a Sheinas Keva that requires a new Bracha and a Sheinas Arai [that does not] is whether one intended to sleep or feel asleep unwittingly. But certainly, there are times when one plans to sleep but it is considered a Sheinas Arai, and times when one sleeps – even not in a bed – and it is considered a Sheinas Keva. That is, if he intended to fall into a deep sleep, it is regarded as a Sheinas Keva even if he is not in bed.

The same should apply to one who accompanies a patient to the hospital. Since often the only option is to sleep in a chair beside the patient’s bed, this would be considered a Sheinas Keva.

[1] There is disagreement among the Poskim as to whether “Serugim” (washing the hands in alternation) is necessary in the case of one who did not sleep.

[2] There is a Machlokes Achronim as to whether Netila is only required when a person wipes himself (Kaf haChaim 7) or even when he does not (Artzos haChaim 4, haMe’ir laAretz 14, and the implication of the Mishna Berura). This has practical ramifications when a patient is unable to wipe himself.