[Avodah] Birchos HaTorah after parshas HaTamid

[Dov Kay]

A couple of weeks ago, we discussed the ideal time for saying Birchos HaTorah (BHT).  We clarified that the original minhag Ashkenaz was to say it immediately before parshas HaTamid, after birchos HaShachar, and I mentioned that I thought this was also minhag HaGra.  R. Wolpoe disagreed, arguing that it was inconsistent the Gra's well known position in OH 47 that one must make BHT on hirhurei Torah (contra the Mechaber).  He then argued, IIRC, that the attribution of this position (ie BHT before parshas HaTamid) comes from the Maasei Rav and was therefore unreliable as compared with Biur HaGra.
 
I must correct this position.  The Biur HaGra to OH 46:8 makes it abundantly clear that the practice of saying BHT immediately before parshas haTamid is to be found in all old siddurim "mimei avoseinu", and is endorsed by the Ramban in the Yad, R. Amram Gaon and the Avudraham, among others.  I think the problem with relying on Biur HaGra to determine the Gra's halakhic positions is that he is often just giving a source for the position of the SA or Rema under discussion without endorsing that position.  In this case, however, there is no such uncertainty, as the Gra is ma'arich on this point and clearly sees the shift of BHT to just after Elokai Neshama (or Asher Yatzar, l'fi the Rema) as a later development and erroneous.  It seems odd to me that R. M. Sternbuch, who describes himself as nin v'neched m'haGra in all his seforim, writes somewhere that BHT should be said as soon as possible after waking, without even referencing the Gaon's view.
 
As against R. Wolpoe, I do not think there is any contradiction between the Gra’s positions regarding hirhurei Torah and BHT.  The latter is clearly based on the question whether divrei Torah said b’derech tefillah also require BHT (the subject of OH 46:8).  The Mechaber says “yesh lochush” for the opinion they do and the Rema says that the custom is that they don’t.  The Gra paskens that they do not.  This is a different question from whether hirhurei Torah b’derech limud, as opposed to b’derech tefillah, require BHT.
I hope this clarifies matters.  
 
Kol tuv
Dov Kay
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