Forgotten Berachos - Before Swallowing

QUESTION: I accidentally took a sip of juice without first saying a beracha, but I remembered before swallowing. What should I do?

ANSWER: Shulchan Aruch (OC 172:1) writes that you should swallow the drink, and no beracha is said. This is because berachos on foods must be said “over l’asiyasan” (before the action), otherwise the beracha is lost. The Rema disagrees. According to Rema, so long as you remembered that you needed to say a beracha while the drink was still in your mouth, you may swallow the drink and recite the beracha afterwards. It is still considered “over l’asiyasan” to some extent because the person wanted to say the beracha before swallowing but could not do so because the liquid was in his mouth. However, if one only remembered to say a beracha after swallowing, all agree that a beracha rishona may no longer be said. The Mishnah Berurah (172:5) writes that the halacha follows the opinion of Shulchan Aruch rather than the Rema.

One may ask why do we permit swallowing the food without reciting a beracha if It is forbidden to eat foods without reciting a beracha? The Magen Avrohom (172:1) explains that a drink in one’s mouth is no longer viewed as edible, since no one else would drink it anymore. Therefore, there is no requirement to recite a beracha on such food. Although, one may not do this lichatchila, but since it was done inadvertently, at this point swallowing the drink is not considered a violation of the halacha. The Mishnah Berurah (172:2) writes if one has more drink and will not go thirsty, it is preferable to spit out the drink, and recite a beracha on the next sip. However, if one finds this difficult, there is room to be lenient (see Beiur Halacha).

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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.