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Should I Daven For Rain When We Need It? also...Davening For Rain In The Southern Hemisphere

By Rabbi Yirmiyahu Kaganoff

Posted on 10/21/18

Whereas in chutz la’aretz we do not recite vesein tal umatar (the prayer for rain added to the bracha of Boreich Aleinu in the weekday shmoneh esrei) until the evening of December fourth (the exact date varies upon the particular year), people in Eretz Yisroel begin reciting this prayer on the Seventh of Marcheshvan. This difference in practice leads to many interesting shaylos. One, which is discussed in an article that is posted on the website RabbiKaganoff.com, concerns someone who is traveling during this time period from Eretz Yisroel to chutz la’aretz or vice versa.


There is halachic discussion regarding the question whether the two passages that we recite in the shemoneh esrei, mashiv haruach umorid hagashem and vesein tal umatar, should be recited according to local conditions. This week’s article discusses the general topic and emphasizes the questions germane to it in the northern hemisphere. Following this articel, below, you will find the history and question concerning what one does in the southern hemisphere.


Should I daven for rain when we need it?


By Rabbi Yirmiyohu Kaganoff


Question:


If a city’s residents need rain at a different time in the year, when do they recite vesein tal umatar?


Introduction


Although we are all aware that we begin reciting mashiv haruach umorid hagashem on Shemini Atzeres and vesein tal umatar either on the evening of December fourth in chutz la’aretz) or on the Seventh of Marcheshvan in Eretz Yisroel, and that we cease reciting both mashiv haruach umorid hagashem and vesein tal umatar on the first day of Pesach, most people are surprised to discover that there is an extensive halachic controversy whether this is the correct procedure in most of the world. Specifically, as we will soon see, there are some early authorities who rule that one should pray for rain whenever it is usual to have rain in the region where one is located. Although we do not rule this way, there are ramifications for someone who errs and recites the wrong prayer in such locations.


Local needs


If a city’s residents need rain at a different time in the year, when do they recite vesein tal umatar? The Gemara (Taanis 14b) raises this question, citing the following story:


“The people of the city of Nineveh (in contemporary Iraq) sent a shaylah to Rebbe: Our city requires rain, even in the middle of the summer. Should we be treated like individuals and recite vesein tal umatar in the brocha of Shma Koleinu, or like a community, and recite it during the brocha of Boreich Aleinu (birchos hashanim)? Rebbe responded that they are considered individuals and should request rain during the brocha of Shma Koleinu.”


The Gemara subsequently demonstrates that the tanna Rabbi Yehudah disagreed with Rebbe, and contended that they should recite vesein tal umatar in the brocha of birchos hashanim.


This controversy recurred in the times of the early amora’im, approximately one hundred years later, when the disputants were Rav Nachman and Rav Sheishes. Rav Sheishes contended, like Rebbe, that the Nineveh residents should recite vesein tal umatar in shomei’a tefillah, whereas Rav Nachman ruled that they should recite it in birchos hashanim, following Rabbi Yehudah. The question is then resolved finally by the Gemara, which concludes that it should be recited in shomei’a tefillah, and this is the conclusion of all halachic authorities.


Why not add?


Germane to understanding this passage of Gemara, a concern is raised by the rishonim. There is a halacha that one can add to the supplication brochos of the shemoneh esrei personal requests appropriate to the theme of that brocha. For example, one may include a prayer for the recovery of an individual during the brocha of refa’einu, or a request for assistance in one’s Torah study in the brocha of chonein hadaas. The Gemara (Avodah Zarah 8a) rules that someone who needs livelihood may add a personal supplication for this to the brocha of birchos hashanim. The question is that if one may add his personal request for parnasah, why can the people of Nineveh not add their own personal requests for rain at this point in the davening?


The rishonim present two answers to this question:


1. Since rain can be harmful in other places, one may not pray for rain in birchos hashanim for one’s own needs when rain may be detrimental in a different locale. A request for livelihood is different, since fulfilling it is never harmful to someone else.


2. This is the version of the prayer that Chazal instituted for the winter months, and they established a different text for the summer months. Therefore, reciting vesein tal umatar in birchos hashanim during the summer conflicts with the text that Chazal established for this brocha, which is called matbei’a she’tav’uh chachamim. One is not permitted to change the text of Chazal’s established prayers, although one may add personal supplications to them.


The Rambam


When the Rambam cites the halachic conclusion of the story of the people of Nineveh, he modifies the story by replacing the reference to Nineveh with “distant islands of the sea.” Let us see the entire context of his ruling: “The entire rainy season (autumn and winter), one recites morid hagashem in the second brocha, and in the sunny season (spring and summer) one recites morid hatal. When does he begin reciting morid hagashem? From the musaf prayer of the last day of Sukkos until shacharis of the first day of Pesach. From musaf of the first day of Pesach one begins to recite morid hatal. From the seventh of Marcheshvan, we begin to ask for rain in birchos hashanim for as long a time as one still says mashiv haruach umorid hagashem. This is true in Eretz Yisroel, but in Shinar (Mesopotamia), Syria, Egypt and nearby places whose climate is similar, one should ask for rain from sixty days after the equinox. Places that require rain in the summer, such as distant islands of the sea, ask for rain -- when they require it -- in shomei’a tefillah” (Rambam, Hilchos Tefillah 2:15-17).


Germany and Spain


Why the Rambam mentions “distant islands of the sea” became an important factor in a related issue a bit more than one hundred years after his passing, during the lifetime of the Rosh. The Rosh was born in Germany and spent most of his life there. As an adult with grown children, he fled Germany because of persecutions, first spending a few months in Montpelier, in the area of southern France bordering on the Mediterranean Sea known as the Provence. He subsequently decided that he was not happy with the level of Jewish observance in the Provence, and he traveled onward to Barcelona, Spain, where he became the personal houseguest of the Rashba. Later, the rav of Toledo, the largest community of its time in central Spain, passed on, and the rabbinate of that prominent community, in which lived, apparently, many prominent talmidei chachamim, was offered to the Rosh, who accepted it. Shortly after his arrival in Toledo, the following event transpired:


“And it was in the year 5073 after the creation of the world (corresponding to the Common Era year 1313), that it rained very little the entire winter, and the community declared a fast day to beseech Hashem for rain. On the first night of Pesach after maariv, the Rosh was sitting in the entrance to his house with some of his disciples standing about him, when he declared:


“Now is the time to raise a matter that has always bothered me: Why don’t we continue reciting vesein tal umatar until Shavuos?” What bothered the Rosh is that, although in Eretz Yisroel rain is disadvantageous in the summer, in Europe, where he lived his entire life, rain was not only helpful in the summer, but it was essential. Since rain was important after Pesach, they should recite mashiv haruach umorid hagashem and vesein tal umatar even in the summer months.


Subsequently, the Rosh penned a lengthy responsum advocating this position. He rallied the following proof: When analyzing a dispute quoted in the Gemara, we ordinarily assume that the two differing authorities disputed concerning a relatively minor issue and held as closely as possible to one another’s position. The specific application of this principle is as follows: Both Rabbi Yehudah (the tanna) and Rav Nachman (the amora) held that the city of Nineveh should recite vesein tal umatar in the brocha of birchos hashanim. On the other hand, Rebbe and Rav Sheishes contended that the city of Ninevah should recite vesein tal umatar in shomei’a tefillah, because a city should not have its own practice of reciting vesein tal umatar in birchos hashanim when everyone else is not requesting rain in their tefilos. However, reasoned the Rosh, the dispute among these great scholars regards only a city. A large region or country should recite vesein tal umatar in birchos hashanim according to all opinions, just as we see that the practices of Eretz Yisroel and Bavel were not the same, but each country followed its own needs. Therefore, since Nineveh’s needs were analogous to those of central Spain, everyone would agree that in Spain, one should recite mashiv haruach umorid hagashem and vesein tal umatar according to the regional climate conditions.


At the end of his responsum, the Rosh notes that he was unsuccessful in changing the practice of his community, and that he, himself, eventually stopped reciting these prayers after Pesach. We see clearly that he had not changed his opinion. However, since he was not successful in changing the accepted practice, he did not want there to be divergent approaches in the same community.


The Rosh contended that he could prove that the Rambam also held as he did, that one should recite the prayers mashiv haruach umorid hagashem and vesein tal umatar according to the need of the local region. In the Rambam’s commentary to the Mishnah Taanis, while explaining the laws that we have shared above, he adds: “All these laws apply in Eretz Yisroel and the lands that are similar to it… However, in other lands, one should recite vesein tal umatar at the time that rain is beneficial for that place, and, in that time, one should follow the practice of (Eretz Yisroel on) the 7th of Marcheshvan (meaning that one should begin reciting vesein tal umatar when local conditions warrant it). This is because there are lands in which it does not begin to rain until Nissan. In lands in which the summer is in Marcheshvan and rain, then, is not good for them, but it is deadly and destructive, how can the people of such a place ask for rain in Marcheshvan? – this is a lie!” (Since rain is now detrimental for them, why are they asking for it?)


Rambam points


In reverse order, the Rambam made two halachic points:


1. One should not pray for rain when it is detrimental to the local needs.


Note that I have not found any halachic authority who disputes this ruling, although, in truth, virtually every other rishon is mum on this topic.


2. In places where rain is beneficial at a different time of the year, one should recite vesein tal umatar at the time that it is beneficial for the local needs.


Contradiction in Rambam


At this point, we will examine how the Rosh explains the Rambam in a way that sustains his opinion. The Rosh notes that the Rambam’s statement in his commentary to the Mishnah in Taanis appears to conflict with what he wrote in Hilchos Tefillah, “Places that require rain in the summer, such as distant islands of the sea, ask for rain -- when they require it -- in shomei’a tefillah” (Rambam, Hilchos Tefillah 2:15-17). Yet, the Rambam in the Mishnah commentary states that they should treat their rainy season as Eretz Yisroel treats the 7th of Marcheshvan, which means that they should recite vesein tal umatar in birchos hashanim, not in shomei’a tefillah.


The Rosh resolves this contradiction in the Rambam’s position by explaining that there is a difference between a city and a region. A city with exceptional needs should recite vesein tal umatar only in shomei’a tefillah. However, an entire region or country, such as Spain or Germany, should recite vesein tal umatar in birchos hashanim, during the part of the year that this region requires rain.


Kesef Mishneh and Toras Chayim


Not all authorities accept the Rosh’s approach to explaining the Rambam. Several point out that if the Rambam meant to distinguish between a city and a region, he should have said so. Rather, they contend that the Rambam meant that if, in your location, there is now a need for rain, one should include vesein tal umatar in your daily weekday davening. Where in the prayer one recites this depends on what part of the year it is: Between the 7th of Marcheshvan and Pesach, one should say it in birchos hashanim. If it is after Pesach, one should recite it in shomei’a tefillah.


Disagree with Rosh


Several rishonim disagree with the Rosh, contending that it is not permitted to recite vesein tal umatar in birchos hashanim at times that Chazal ruled we should not. They rule, further, that someone who does recite vesein tal umatar in birchos hashanim at those times did not fulfill his mitzvah to daven and is required to repeat the shemoneh esrei (Rabbeinu Yonah, Brochos 19b; Ritva, Taanis 3b). Thus, we understand why the Rosh’s position, that mashiv haruach umorid hagashem and vesein tal umatar should be recited after Pesach in Europe, was not accepted.


The Shulchan Aruch (Orach Chayim 117:2) rules that the halacha does not follow the Rosh. He records that all communities begin reciting mashiv haruach umorid hagashem on Shemini Atzeres, and records only two practices regarding vesein tal umatar, the same two expressly mentioned in the Gemara. No other regional distinctions are recognized.


Out of season


Notwithstanding that he rejects the halachic conclusion of the Rosh, the Shulchan Aruch discusses the following question. Someone who recites mashiv haruach umorid hagashem or vesein tal umatar when he should not must repeat the davening. This presents us with an intriguing question: Someone in Germany or Spain recites mashiv haruach umorid hagashem or vesein tal umatar during or after Pesach. According to the Shulchan Aruch, they have recited something that they should not have, whereas the Rosh contends that they have followed the correct procedure. The question is whether we accept the opinion of the Rosh to the extent of not repeating the shemoneh esrei in this situation. Indeed, Rav Yitzchak Abuhav, a highly respected authority, contended that one should not repeat the shemoneh esrei, out of respect for the Rosh’s position.


In his Beis Yosef commentary on the Tur, the author of the Shulchan Aruch was inclined to reject the Rosh’s ruling completely, to the extent of requiring the repetition of shemoneh esrei. However, because of the position of Rav Yitzchak Abuhav, the Beis Yosef modified his position, contending that someone who recited mashiv haruach umorid hagashem or vesein tal umatar in Spain or Germany on or after Pesach should repeat the shemoneh esrei as a donated prayer, called a tefillas nedavah, which may be recited when it is uncertain whether repeating the prayer is required. The Rema concludes, like Rav Yitzchak Abuhav, that one should not repeat the shemoneh esrei in this situation.


The Bach


There is yet another complication to this issue, based on a comment of the Bach. A different passage of Gemara is concerned about a concept called “bothering Heaven,” meaning asking for a miraculous deliverance when unnecessary, noting that people who have davened under these unusual circumstances have been punished as a result. The Bach mentions a longstanding practice not to add vesein tal umatar to the davening on dates not included in what Chazal established, even when there was a local need for rain. He writes that the custom was to include selichos and other prayers but not to add the specific words of vesein tal umatar. He further records that two great Torah leaders once added vesein tal umatar, and both passed away within the year, which was attributed to the fact that they had inserted vesein tal umatar into prayers when they should not have.


There is a major difficulty posed by these comments of the Bach. We learned above that the residents of Nineveh asked in which brochathey should recite vesein tal umatar, because of their local need for rain. No one questioned that they could recite vesein tal umatar, which seems to run counter to what the Bach stated.


The Taz explains that the Bach’s concerns are only about reciting vesein tal umatar in the repetition of the shemoneh esrei, but not in the private tefillah, and that the people of Nineveh recited vesein tal umatar only in their private tefillos, but not during the chazzan’s repetition. The Elya Rabbah, an early acharon, takes issue with the Taz’s approach, contending that the people of Nineveh certainly recited vesein tal umatar both in their private prayers and in the public ones. The Elya Rabbah suggests an alternative approach: The concern raised by the Bach is only when the need for rain is not that great. When there is a major need for rain, as no doubt existed for the people of Nineveh, there is no concern about bothering Heaven.


Conclusion


Rashi (Breishis 2:5) points out that until Adam Harishon appeared, there was no rain in the world. Rain fell and grasses sprouted only after Adam was created, understood that rain was necessary for the world, and prayed to Hashem for rain.  Whenever we pray for rain, we must always remember that the essence of prayer is drawing ourselves closer to Hashem.


***


Davening For Rain In The Southern Hemisphere


Question #1: Mixed Messages


“How can you have two shullen in the same city, one saying vesein tal umatar, and the other not, on the same day?”


Question #2: Western Travelers


How early did western mankind begin traveling in the southern hemisphere?


Question #3: South of the Border


“What do Buenos Aires, Melbourne, Montivedeo, Recife, and Wellington and Auckland, New Zealand have in common, but not Johannesburg, Perth, and Santiago, Chile?”


Introduction


Although we are all aware that we cease reciting both mashiv haruach umorid hagashem and vesein tal umatar on the first day of Pesach, most people are surprised to discover that there is a halachic controversy whether this is the correct procedure in America. This has halachic ramifications both for people in the United States and certainly for those who live in South America, particularly those living in Argentina, Chile and Brazil, which are in the southern hemisphere. We will also discover that there is a major dispute among halachic authorities as to when people living in South Africa, Australia, New Zealand and other parts of the southern hemisphere should recite mashiv haruach umorid hagashem and vesein tal umatar, in what part of shemoneh esrei they should recite vesein tal umatar, and when they recite tefilas tal and tefilas geshem.


But first we need to study the Talmudic sources on the topic. The early halachic sources discuss two special inserts to our davening, mashiv haruach umorid hagashem, “He who causes the wind to blow and the rain to fall,” and vesein tal umatar, “grant dew and rain upon the face of the earth.” The first is praise of Hashem and, therefore, it is inserted into the second brocha of our davening, both on weekdays and Shabbos, since the first three brochos of the shemoneh esrei are devoted to praise. The second is a prayer beseeching Hashem to provide rain, and as such is recited in birchas hashanim, the appropriate brocha of the weekday shemoneh esrei. Should one forget to recite vesein tal umatar in its appropriate place in birchas hashanim, one may still recite it during the brocha of shomei’a tefillah.


Missed them


Should one forget to recite either mashiv haruach umorid hagashem or vesein tal umatar when required, one is obligated to repeat the shemoneh esrei. However, there is a halachic difference between the two that is already noted by the Tur. Should one recite morid hatal, praising Hashem for providing dew, rather than mashiv haruach umorid hagashem, one is not required to repeat the shemoneh esrei. Nevertheless, when it is the time to recite vesein tal umatar, someone who prayed only for dew would be required to repeat the shemoneh esrei.


Mashiv haruach umorid hagashem


The Mishnah (Taanis 2a) cites a dispute between Rabbi Eliezer and Rabbi Yehoshua concerning when one begins to recite mashiv haruach umorid hagashem, Rabbi Eliezer contending that we begin on the first day of Sukkos, whereas Rabbi Yehoshua maintains that we begin on Shemini Atzeres. The Gemara explains that Rabbi Eliezer’s basis is that there are two mitzvos observed on Sukkos that are associated with our need for rain, the ceremony of nisuch hamayim, which involves the pouring of water on the mizbeiach in the Beis Hamikdash, and the taking of the lulav, esrog, hadasim and aravos. In Rabbi Eliezer’s opinion, these mitzvos demonstrate that we should praise Hashem on Sukkos for His role as Rainmaker.


Both Rabbi Eliezer and Rabbi Yehoshua agree that we do not want it to rain on Sukkos itself, because this makes it difficult or even impossible to observe the mitzvah of sukkah. As the Mishnah (Sukkah 28b) records, rain on Sukkos can be compared to a servant bringing his master a gift that the master pours into the servant’s face. We build a sukkah hoping to serve Hashem by observing His mitzvah, and then it rains on our party! For this reason, Rabbi Yehoshua says that we do not begin reciting mashiv haruach umorid hagashem until there is no longer a mitzvah of living in the sukkah.


Rabbi Eliezer agrees that we do not request rain during Sukkos, but he contends that reciting mashiv haruach umorid hagashem is appropriate, since it is praise of Hashem and not a request for rain. Rabbi Yehoshua responds that, even so, it is inappropriate for us to praise Hashem as Rainmaker at a time when rain is considered a siman kelalah, a sign of a curse, because it demonstrates that Hashem has rejected our observance of His mitzvos. The Gemara rules according to Rabbi Yehoshua.


Beginning Vesein tal umatar


Regarding when to begin reciting vesein tal umatar, the Mishnah (Taanis 10a) records a dispute between an anonymous tanna, who contends that we begin on the third day of Marcheshvan, and Rabban Gamliel, who says that we begin on the seventh day of Marcheshvan. This is fifteen days after Sukkos, which allows those who traveled for Yom Tov to Yerushalayim by foot to return home before it begins to rain. The Gemara rules that the halacha accords with Rabban Gamliel’s opinion.


Continuing this discussion, the Gemara quotes a beraisa stating that the Mishnah expresses the practice that is followed in Eretz Yisroel. However, in “the exile,” they begin praying for rain many weeks later, on the day the Gemara calls “sixty days after the equinox,” the details of which we will leave for a different time. Rashi explains that in Bavel, which is located in a river valley, there is less need for rain than in Eretz Yisroel. Too much rain in Bavel could cause dangerous flooding, and therefore they begin praying for rain later.


Thus far, we know that in Eretz Yisroel one begins recital of vesein tal umatar on the seventh of Marcheshvan, whereas in Bavel it is begun significantly later.


Southern hemisphere


All of this lengthy discussion and last week’s article are an introduction to our topic, since until now we have been discussing life in the northern hemisphere, the world north of the equator. In the era of the Mishnah, Gemara and rishonim, to the best of our knowledge, there were no Jews living south of the equator, which runs through the northern part of South America, mid-Africa, and through the Indian Ocean south of India. In today’s world, there are Jewish communities in the following countries south of the equator: Argentina, Australia, Brazil, Chile, New Zealand, South Africa and Uruguay, and, to a lesser extent, in Ecuador and Bolivia. All of these lands were unknown to the European and Middle Eastern world until the era of discovery began in the days of Columbus. Of these lands, the first discovered was probably South Africa, discovered by Vasco da Gama during his voyage that began in 1497, and then Brazil, discovered in 1500 by Pedro Cabral.


By the early seventeenth century there was already a Jewish community in Brazil that sent questions germane to when they should recite mashiv haruach umorid hagashem and vesein tal umatar. The earliest responsum was written by a prominent posek of Salonica, Rav Chayim Shabtai, who was the rav in Salonica until his passing in 1647, and whose responsa were published as Shu”t Toras Chayim. His undated responsum is addressed to someone inquiring about the practices of the Jewish community in Brazil, without identifying which city in that country. The teshuvah identifies them as being south of the equator, which is indeed where almost all of Brazil is located. The letter could not have been from the two largest Jewish communities in Brazil today, Sao Paulo and Rio de Janeiro, because neither of those cities existed yet in the 17th century, but it might have been from one of the earlier colonial cities of Belem or Recife (then called Pernambuco).


The questioner assumes that rain during their summer months, which are between Sukkos and Pesach, would be very harmful. Therefore, the Brazilian community wanted to recite mashiv haruach umorid hagashem and vesein tal umatar between Pesach and Sukkos and not recite them between Sukkos and Pesach.


In the article, “Should I daven for rain when we need it?” which I sent out last week, I mention the dispute in the Gemara whether these two prayers, mashiv haruach umorid hagashem and vesein tal umatar, are recited according to local conditions, such as those of a city whose weather pattern varies significantly from nearby locales. The Gemara’s example is the people of the city of Nineveh, where rain was necessary throughout the summer. Could they recite vesein tal umatar in Boreich aleinu, when it usually is recited, or should/must they recite it in Shema koleinu.


The halachic conclusion is that mashiv haruach umorid hagashem is never said according to local conditions, whereas vesein tal umatar is not said in the usual place in shemoneh esrei, but in the brocha of Shema koleinu.


I also discussed there the dispute among rishonim whether an entire country recites these brochos according to their local climate needs or not. The Rosh rules that they do, and thus he contended that Spain or Germany should follow local climate needs when reciting these two brochos. The Rosh further contended that the Rambam agreed with his interpretation of the halacha. We also noted that most authorities disagreed with the Rosh, and that some later authorities disagreed with the Rosh’s understanding of the Rambam’s opinion.


Contradiction in Rambam


At this point, we will examine how the Rosh explains the Rambam in a way that sustains his opinion. The Rosh noted that the Rambam’s statement in his commentary to the Mishnah in Taanis appears to conflict with what he wrote in Hilchos Tefillah, “Places that require rain in the summer, such as distant islands of the sea, ask for rain when they require it in shomei’a tefillah” (Rambam, Hilchos Tefillah 2:15-17). Yet, the Rambam in the Mishnah commentary states that they should treat their rainy season as Eretz Yisroel treats the 7th of Marcheshvan, which means that they should recite vesein tal umatar in birchas hashanim, not in shomei’a tefillah.


In the Rambam’s commentary to the Mishnah Taanis, while explaining the laws that we have shared above, he adds: “All these laws apply in Eretz Yisroel and the lands that are similar to it… However, in other lands, one should recite vesein tal umatar at the time that rain is beneficial for that place, and, in that time, one should follow the practice of (Eretz Yisroel on) the 7th of Marcheshvan (meaning that they should pray for rain when it is beneficial for them). This is because there are lands in which it does not begin to rain until Nissan. In lands in which the summer is in Marcheshvan and rain then is not good for them, but it is deadly and destructive, how can the people of such a place ask for rain in Marcheshvan? – this is a lie!” (Since rain is now detrimental for them, why are they asking for it?)


Tangentially, there is an observation that results from the Rambam’s words, which is of a historical nature rather than a halachic one. The Rambam was aware that there are places in the world in which the seasons are reversed from ours, such as in the southern hemisphere. Historically, this presents a tremendous curiousity, since I have been unable to ascertain that there was settlement of Jews in the southern hemisphere until four hundred years after the Rambam’s demise! However, it appears that, in the Rambam’s day, Arab traders had already visited the eastern coast of Africa south of the equator, or, alternatively, had sailed to islands in the Indian Ocean that were south of the equator. I have not seen any historians note this point.


In view of the Rambam’s words, we can address the second of our opening questions: “How early did western mankind begin traveling in the southern hemisphere?”


From the Rambam’s comments, it is evident that this was as early as the twelfth century. It may be that Vasco de Gama was the first European to sail around the southern tip of what is today South Africa, but he was certainly not the first old world explorer to sail to the southern hemisphere!


Returning to the comments of the Rosh:


The Rosh resolves the contradiction in the Rambam’s position by explaining that there is a difference between a city and a region. A city with exceptional needs should recite vesein tal umatar only in shomei’a tefillah. However, an entire region or country, such as Spain or Germany, should recite vesein tal umatar in birchas hashanim during the part of the year that this region requires rain.


Kesef Mishneh and Toras Chayim


Not all authorities accept the Rosh’s approach to explaining the Rambam. Several point out that if the Rambam meant to distinguish between a city and a region, he should have said so. Rather, they contend that the Rambam meant that if, in your location, there is now a need for rain, one should include vesein tal umatar in your daily weekday davening. Where in the prayer one recites this depends on what part of the year it is: Between the 7th of Marcheshvan and Pesach, one should say it in birchas hashanim. If it is after Pesach, one should recite it in shomei’a tefillah.


Several rishonim rule that local conditions do not determine when one recites vesein tal umatar in birchas hashanim, contending that reciting vesein tal umatar in that part of davening after Pesach requires one to repeat the shemoneh esrei, even in a place where there is a need for rain in this part of the year (Rabbeinu Yonah, Brochos 19b; Ritva, Taanis 3b). Thus, we understand why the Rosh’s position that mashiv haruach umorid hagashem and vesein tal umatar should be recited after Pesach in Europe was not accepted.


The Shulchan Aruch (Orach Chayim 117:2) rules that the halacha does not follow the Rosh. He writes that all communities begin reciting mashiv haruach umorid hagashem on Shemini Atzeres and records only two practices regarding vesein tal umatar, the same two expressly mentioned in the Gemara. No other regional distinctions are recognized.


Thus, in essence, the people of Brazil wanted to follow the approach of the Rosh. The Toras Chayim rules that they should not follow this practice, emphasizing:


(1) The Rosh’s approach was not accepted by the other authorities.


(2) In a lengthy discussion of the Rambam’s opinion, the Toras Chayim concludes that the Rambam also does not agree with the Rosh.


(3) The Rosh himself retracted his approach when he saw that it was not followed.


Based on the claim that rain between Sukkos and Pesach was detrimental to life where these Brazilian colonists lived, the Toras Chayim ruled that they should never recite mashiv haruach umorid hagashem at all, following the Rambam that one does not recite either mashiv haruach umorid hagashem or vesein tal umatar when it is detrimental for the local needs. During the months that the Brazilians need rain, he ruled that they should recite vesein tal umatar during shomei’a tefillah, like the practice of the city of Nineveh and unlike the Rosh.


Be’ezras Hashem, I will complete this article next week…