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If One Forgets or Doesn't Remember If He Counted The Omer

The Terumat Ha’deshen (Rabbi Yisrael Isserlin, Austria, 1390-1460), in his responsa, addresses the situation of a person who cannot remember whether or not he counted the Omer on one of the days of the Omer period. It is well-known that if a person missed a day of counting, then on the subsequent nights of the Omer he counts without a Beracha. The question addressed by the Terumat Ha’deshen is whether or not this applies also to a person who is unsure whether or not he counted one day. Must he now count without a Beracha, in case he actually missed a day of counting, or do we treat this case differently, since the individual is not certain that he missed a day?

The Terumat Ha’deshen ruled in such a case, the individual continues counting with a Beracha. He explains that this situation is one of "Sefek Sefeka," or a "double doubt." The first doubt is whether or not he indeed missed a day of counting. But even if he did miss a day, there is still a question as to whether or not this affects his counting on the subsequent nights. There are some authorities who maintain that each night’s counting constitutes an independent Misva and is unaffected by the counting on previous nights. Normally, because of the different views that exist in this regard, one who missed a day of counting continues counting without a Beracha. But if a person does not know for certain that he missed a day, then we have two points of uncertainty, and therefore, the Terumat Ha’deshen rules, since there are two possible reasons for him to continue counting, he may count with a Beracha.

This Halacha also applies in a case where one does not remember whether he counted correctly. For example, a person thought in his mind that it was the twenty-fifth night of the Omer, but then he heard the Hazan count twenty-six days. After leaving the synagogue, the person could not remember whether he counted the number that he had in his mind, or the correct number that he heard from the Hazan. (Ideally, of course, he should then count again, without a Beracha. The question we address here is if he did not count again that night or the next day.) This instance, too, is a situation of "Sefek Sefeka": he may have counted correctly, and even if he did not count correctly, it is possible that Halacha follows the view that the Misva on each night is independent of the Misva on the previous nights. Therefore, he continues counting with a Beracha.

A third situation of "Sefek Sefeka" relevant to the Sefirat Ha’omer involves a person who forgot to count the Omer one evening, and he wakes up in the middle of the night and remembers that he forgot to count. He cannot determine, however, whether it is already Alot Ha’shahar (daybreak). Halacha allows counting with a Beracha until Alot Ha’shahar, but if one did not count the Omer before that point, then he counts without a Beracha (but the following night he resumes counting with a Beracha). If one is unsure whether Alot Ha’shahar has arrived, then he counts with a Beracha, because of the rule of "Sefek Sefeka." It is possible that it is still nighttime, such that he may count with a Beracha, and even if Alot Ha’shahar has already passed, it is possible that Halacha follows the view that one may count the Omer with a Beracha even during the day. Therefore, in such a case, one may count the Omer with a Beracha. This is the ruling of Hacham Ovadia Yosef, as recorded in Yalkut Yosef (listen to audio recording for precise citation).

The Beracha over Sefirat Ha’omer differs in this regard from other Berachot. Normally, we do not recite a Beracha in situations where it is uncertain whether the Beracha is warranted, even in cases of "Sefek Sefeka," where there are two possibilities that warrant the recitation. This point is made by Rav David Pardo (1718-1792), in his work Michtam Le’David, where he discusses the principle of "Safek Berachot Le’hakel" – which means that we do not recite Berachot in situations of uncertainty. Rav David Pardo notes that at first glance, this rule is superfluous. After all, nearly all Berachot are required only Mi’de’rabbanan (on the level of Rabbinic enactment, as opposed to Torah law), and there is already a famous rule of "Safek De’Rabbanan Le’kula," which means that with regard to obligations required Mi’de’rabbanan, we may assume the lenient possibility in situations of uncertainty. Seemingly, then, there was no need for the Sages to establish the rule of "Safek Berachot Le’hakel," since in any event most Berachot are required Mi’de’rabbanan, and Rabbinic obligations are treated leniently in situations of doubt. One answer to this question is that the rule of "Safek Berachot Le’hakel" establishes that one may not recite a Beracha in situations of uncertainty, even if he wishes to do so, as opposed to other Rabbinic obligations, where it is permissible and even praiseworthy to act stringently. Additionally, however, Rabbi David Pardo explains that the rule of "Safek De’Rabbanan Le’kula" applies only when there is a single point of uncertainty. If there are two points of uncertainty, such that there are two possible reasons for the obligation to apply, then one must act stringently and full the obligation, even though it is Rabbinic in origin. In the case of Berachot, however, we refrain from reciting a Beracha even if there are two possible factors warranting its recitation.

Generally speaking, then, we do not recite a Beracha in any situation of uncertainty, even in cases of "Sefek Sefeka" where there are two points of uncertainty, each of which presents the possibility that the Beracha is required.

When it comes to Sefirat Ha’omer, however, one recites the Beracha in situations of "Sefek Sefeka." This distinction is due to the position of the Rambam (Rabbi Moshe Maimonides, Spain-Egypt, 1135-1204), who was of the opinion that Sefirat Ha’omer constitutes a Torah obligation even nowadays, in the absence of the Bet Ha’mikdash. Although Halacha does not accept this view, and we generally treat Sefirat Ha’omer as a Rabbinically-ordained obligation nowadays, nevertheless, the possibility that it applies on the level of Torah obligation changes the way we handle situations of uncertainty. As Sefirat Ha’omer may entail a Torah obligation, we treat it as a bona fide requirement in situations of Sefek Sefeka and thus one recites a Beracha in such cases.

Summary: One who missed an entire day of counting during the Omer does not recite a Beracha when he counts on subsequent nights. If one is uncertain whether he counted on a certain day, or whether he counted correctly on a certain day, then he continues counting with a Beracha. A person who did not count at night but remembers during the next day, he counts without a Beracha and then resumes counting with a Beracha that night. If a person wakes up in the middle of the night and realizes that he had not counted the Omer, and he cannot ascertain whether Alot Ha’shahar (daybreak) has passed, he counts with a Beracha.

 


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