V’sain Tal Umatar - Timing

Q. This Sunday evening, December 4, 2022 (which is the sixtieth day after the halachic calculation of the autumnal equinox), Klal Yisrael in the diaspora will begin reciting Visain Tal Umatar, a prayer for rain, in the Shemona Essrai of Maariv. In Israel, the Jewish community began to say Visain Tal Umatar more than a month earlier on the seventh day of Cheshvon. Why is there a difference between Israel and the diaspora? The Talmud (Taanis 10a) explains that Israel is a mountainous region which needs much rain, and therefore Visain Tal Umatar is recited in the early fall. On the other hand, Bavel (Babylonia) is a low-lying country , and rain was not needed until late fall. The Talmud concludes that the diaspora follows the same schedule as Bavel. Can you explain why we in the U.S. follow the minhag of Bavel when our weather patterns are completely different, and we are in need of rain even in early autumn?

A. Rashi (ibid) explains that the diaspora begins reciting Visain Tal Umatar in late autumn because they follow the customs of Bavel. Apparently, Rashi's position is that the Talmudic scholars of old instituted that the diaspora should follow Babylonian tradition because Bavel had the largest Jewish community at that time, and that ruling remains permanently binding even though the location of the Jewish community has changed.

Rabbeinu Asher, the 13th century posek who composed the definitive halachic work known as the Rosh, writes (Taanis 1:4 ) that he does not understand why the diaspora should follow minhag-Bavel, when our climate and the need for rain is completely different than Bavel. Furthermore, the Rosh reports that when he was in Provance, he observed that they recited Visain Tal Umatar in the month of Cheshvon (as was done in Israel), and he concludes, "It is very correct in my eyes".

Rabbeinu Asher lived in Germany and was a close disciple of the Maharam Mi'Rutenberg. The Maharam was unjustly imprisoned and died in jail after seven years. After the death of the Maharam, Rabbeinun Asher feared for his own life. He fled Germany and settled in the Provance region of France. It was then that he observed the minhag quoted above. Subsequently, Rabbeinu Asher travelled to Toledo Spain, and there he was invited to serve as the head of the Jewish community. In his responsa (4:10), the Rosh described a scene that took place in his synagogue on Pesach, in 1312. There were drought conditions for the past few months, and the Rosh decided that now was the time to change the custom in Spain and continue to say Mashiv horuach (the prayer for rain) during Pesach and Visain Tal Umatasr in Cheshvon. This created an uproar in the synagogue because it was contrary to the minhag, and the Rosh backed down from promoting this position, so as not to divide the community.

Rav Yosef Kairo writes in the Bais Yosef (Orach Chaim 117) that since the position of the Rosh was not accepted as normative practice, the basic halacha remains that Visain Tal Umatar is not recited in the diaspora until the sixtieth day after the autumnal equinox. However, if one inserted Visain Tal Umatar in Shemoneh Essrai before that time, and he lives in a country that needs rain in the summer, Shemoneh Esrai is not repeated since according to the Rosh he davened correctly. Still, it is preferable to repeat Shemoneh Essrai as a voluntary teffila (teffilas nedavah) and say Visain Beracha instead. Rav Yosef Kairo ruled that way as well in the Shulchan Aruch (Orech Chaim 117:2).The Mishnah Berurah (117:13) adds that the areas where we live require rain during the fall, and they have the status discussed above. The Aruch Hashulchan (117:7) writes that due to our lack of concentration, we avoid davening tefilas nidava . Piskei Teshuvos (117:4) also cites many later poskim who follow this ruling.

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.