Asher Yatzar - Order of Priority

QUESTION: Chazal often established an order of priority (in Talmudic literature this is known as “kedima”) for the recitation of berachos. If one completed a meal and used the bathroom, which beracha should be recited first: the beracha acharona on the food or Asher Yatzar?

ANSWER: The Magen Avrohom (165:3) quotes the Maharshal that if one is required to recite Borei Nefashos (or Al Hamichya) and Asher Yatzar, Asher Yatzar is recited first. This is based on the principle of “tadir kodem,” that the more common mitzvah takes precedence. The beracha of Asher Yatzar is more common because it is recited multiple times every day, while a person does not necessarily recite Borei Nefashos (or Al Hamichya) on a daily basis – perhaps he will only recite Birkas Hamazon. Rebbi Akiva Eiger (annotations to Shulchan Aruch, 7:1) is uncertain if this logic applies to Birkas Hamazon and Asher Yatzar as well. Does Birkas Hamazon takes precedence over Asher Yatzar since it is a Torah obligation, or do we recite Asher Yatzar first since it is more common? He leaves the question unresolved. The Kaf Hachaim (7:1) takes a definitive stand and rules that Asher Yatzar should be recited before other berachos, albeit for a totally different reason. When Asher Yatzar is not recited immediately, it is often forgotten and not recited. Therefore, in all situations, Asher Yatzar should be recited first.

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