Counting Sefirat HaOmer After Shekiah: Is 5 Minutes Too Late?

Hi, I don’t know if I can continue to count the sefirah with a bracha since I remembered to count Sefirat Haomer about 5 minutes after shekiah, does that still count, or was it already too late?

Thank you for your question.

The answer:

Since you remembered within 13.5 minutes after the time of shekiah, you may continue counting the next day with a bracha.

The answer explained:

I would like to introduce you to the halacha regarding the 13.5 minutes after shekiah, when, in certain cases, we say that it helps if you remember within that time. We'll also have to understand why specifically 13.5 minutes.

The Chiddush of safek sefeika (double safek) by Sefirat Ha’omer.

We know that there is a major dispute among the poskim whether a person who forgot to count one day may continue to count with a bracha for the remaining days of the Sefirah.

The opinion of the Behag, brought in Tosafot in tractate Menachot 61a, is that a person who forgot to count one day may not continue counting the rest of the days with a bracha, since it is written שבע שבתות תמימות תהיינה —one should count seven complete weeks. Since he missed a day, it is no longer considered complete, and therefore, he should continue counting without a bracha.

The opinion of the Ri, brought in the Rosh ad loc., is that even if one missed a day of counting the Sefirah, one may continue to count with a bracha, since each day is a separate mitzvah. Therefore, the next day is not affected by the previous day and may still be counted with a bracha.

The Shulchan Aruch writes the halacha as follows:

שולחן ערוך אורח חיים הלכות פסח סימן תפט סעיף ח

אם שכח לברך באחד מהימים, בין יום ראשון בין משאר ימים, סופר בשאר ימים בלא ברכה;

Shulchan Aruch Orach Chaim, Laws of Pesach, Siman 489, Se’if 8:

If one forgot to recite the blessing (count) on one of the days — whether on the first night or on any of the other nights — he continues to count on the subsequent nights without a blessing.

The Pri Chadash and other commentaries explain that the opinion of the Shulchan Aruch is that, since there is a machlokes between the Behag and the Ri, it is considered a safek le’halacha , and therefore, we apply the rule safek berachot lekulah (in cases of doubt regarding blessings, we are lenient).

The Pri Chadash goes on to explain that in a case where one is in doubt whether he counted that day or not, he may continue to count with a bracha on the following nights, as brought in the Shulchan Aruch. The reason for this is that it is considered a safek sefeika —a double doubt—which permits continuing with a bracha.

Safek #1: The halacha may not follow the Behag; it might follow the Ri, who allows one to continue counting with a bracha.
Safek #2: The person is unsure whether he counted or not, so it is possible that he did count the day earlier.

And so, the Pri Chadash says that since it is a safek sefeika , one may continue to count with a bracha.

Thirteen and a half minutes:

With regard to shekiah, there is a machlokes brought in the Gemara, tractate Shabbos 34b, about the exact time of shekiah.

Rabbi Yehudah says that it is the amount of time it takes a person to walk ¾ of a mil, and throughout this time it is safek yom, safek layla —meaning it is an in-between time.

Rabbi Yosie says that until the time it takes to walk ¾ of a mil, it is still considered day, and only a short time afterward does shekiah happen in an instant. (approximately the time it takes to walk 50 amot).

The Shulchan Aruch writes that the halacha is like both opinions le’chumrah.

The Shulchan Aruch states that the time it takes to walk a mil is 18 minutes; therefore, ¾ of a mil would be 13.5 minutes.

Therefore, if someone remembered to count the Sefirah within 13.5 minutes, we can consider it a safek sefeika :

Safek #1 : Perhaps the halacha follows the Ri, and even if one forgot to count one day, he may continue to count the remaining days with a bracha.
Safek #2 : Perhaps the halacha is like Rabbi Yosie, that until 13.5 minutes after shekiah, it is still considered day.

Based on the above, and as we mentioned earlier, since the Pri Chadash writes that one may continue to count with a bracha in a case of safek sefeika , the same would apply in our case, one may continue to count the rest of the Sefirah with a bracha.

Wishing you well.

Tosafot, Menachot 61a
Rosh, ad loc.
Shulchan Aruch, Orach Chaim 489:8
Pri Chadash
Shabbos 34b
Shulchan Aruch OC Siman 459 And Siman 261