Sefirat Ha’omer – A Person Who is Unsure Whether He Counted

A famous Halacha establishes that if a person neglected to count one of the days of the Omer, he continues counting on the subsequent nights without a Bracha. The Terumat Ha’deshen raises the question of whether this would apply also to a person who cannot remember whether or not he counted one day of the Omer. Must he assume that he missed a day and must therefore omit the Bracha henceforth, or may he assume that he did count, such that they can continue counting as usual, with a Bracha? The Terumat Ha’deshen rules that a person in this case may continue counting with a Bracha, due to the principle of “Sefek Sefeka,” or a “double doubt.” There is a famous debate between the Behag and Tosefot concerning the nature of the Sefirat Ha’omer obligation. The Behag perceived Sefirat Ha’omer as a single Mitzvah that extends over a forty-nine-day period. As such, if a person neglected to count on any one of the forty-nine days, he can no longer fulfill the Mitzvah. Tosefot, however, viewed each day’s counting as a separate Mitzvah, which does not depend on any other day’s counting. As such, if a person missed a day or several days of counting, this does not affect his obligation on subsequent nights, and he therefore continues to count as usual. Thus, if a person cannot remember whether or not he counted on a certain day of the Omer, on the subsequent nights he faces a “double doubt.” First, he may have in fact counted, in which case he may continue counting with a Bracha. But in addition, even if he missed a day’s counting, perhaps Halacha follows the position of Tosefot, that a missed day has no effect on the subsequent days of the Omer. The principle of “Sefek Sefeka” establishes that one may act leniently in situations of a “double doubt,” and thus the Terumat Ha’deshen rules that in such a case one may continue counting with a Bracha. This ruling is codified by the Shulchan Aruch. It must be emphasized that this applies only to a person who cannot remember whether or not he counted on a certain day. If a person is certain that he missed a day of counting, then he continues counting without a Bracha, in deference to the Behag’s position.

 Summary: A person who forgot to count a day of the Omer continues counting on subsequent nights without a Bracha. If, however, a person is uncertain whether or not he counted on a certain day, he may continue counting as usual, with a Bracha.

By Rabbi Eli Mansour