Today in Judaism: Today is: Thursday, Shvat 29, 5774 · January
30, 2014
Today in Jewish History:
• Columbia Tragedy; Israeli Astronaut Perishes (2003)
On the morning of February 1, 2003, the Columbia Space Shuttle,
returning from its STS-107 mission, was destroyed upon re-entry, 16 minutes
before its scheduled landing. All its crew members perished, including Ilan
Ramon, a combat pilot in the Israeli Air Force, who was the first Israeli
astronaut. Prior to his departing to space on Space Shuttle Columbia, where his
mission included the manning of a multispectral camera for recording desert
aeroso, he arranged to take Kosher food and he took along a Kiddush cup and a
copy of the Torah.
Links: Pride, Pain and the Suddenness of Life.
Daily Quote
It's not the mouse who's the thief, but the mousehole--Talmud,
Gittin 45a
Daily Study
Chitas and Rambam for today:
Chumash: Parshat Terumah, 5th Portion (Exodus 26:31-26:37) with
Rashi
• Chapter 26
31. "And you shall make a dividing curtain of blue, purple,
and crimson wool, and twisted fine linen; the work of a master weaver he shall
make it, in a [woven] cherubim design. לא. וְעָשִׂיתָ פָרֹכֶת תְּכֵלֶת וְאַרְגָּמָן
וְתוֹלַעַת שָׁנִי וְשֵׁשׁ מָשְׁזָר מַעֲשֵׂה חשֵׁב יַעֲשֶׂה אֹתָהּ כְּרֻבִים:
a dividing curtain: Heb. פָּרֹכֶת. [This is] a word denoting a
dividing curtain. In the language of the Sages [it is called] פַּרְגוֹד (Chag.
15a), something that separates between the king and the people.
פרכת: לשון מחיצה הוא, ובלשון חכמים פרגוד, דבר המבדיל בין המלך ובין
העם:
blue, purple: Each type was doubled in each thread with six
strands. — [from Yoma 71b]
תכלת וארגמן: כל מין ומין היה כפול, בכל חוט וחוט ששה חוטין:
the work of a master weaver: Heb. מַעִשֵׂה חשֵׁב I have already
explained (verse 1) that this is weaving of two walls, and the designs on both
sides of it are unlike one another.
מעשה חשב: כבר פירשתי שזו היא אריגה של שני קירות, והציורין שמשני עבריה
אינן דומין זה לזה:
cherubim: He shall make designs of creatures.
כרובים: ציורין של בריות יעשה בה:
32. "And you shall place it on four pillars of acacia wood,
overlaid with gold, their hooks [shall be] gold, on four silver sockets. לב.
וְנָתַתָּה אֹתָהּ עַל אַרְבָּעָה עַמּוּדֵי שִׁטִּים מְצֻפִּים זָהָב וָוֵיהֶם זָהָב
עַל אַרְבָּעָה אַדְנֵי כָסֶף:
four pillars: inserted into four sockets, with hooks attached to
them [the pillars], bent on the top [in order] to place upon them a pole around
which the top of the dividing curtain was wound. These hooks are the וָוִין
[mentioned in the next verse, given this name] because they are made in the
shape of [the letter] “vav” (ו). The dividing curtain was ten cubits long,
corresponding to the width of the Mishkan [from north to south], and ten cubits
wide, like the height of the planks. [It was] spread out at the one-third
[point] of the Mishkan [from east to west], so that from it [the dividing
curtain] toward the [Mishkan’s] interior were ten cubits, and from it [the
dividing curtain] toward the exterior were twenty cubits. Hence, the Holy of
Holies was ten [cubits] by ten [cubits], as it is said: “And you shall place
the dividing curtain beneath the clasps” (verse 33), which join the two sets of
the curtains of the Mishkan, the width of the set being twenty cubits. When he
[Moses] spread them on the roof the Mishkan from the entrance [all the way] to
the west, it [the first set of curtains] ended after two-thirds of the [way
into the] Mishkan. The second set covered [the remaining] third of the Mishkan
with the remainder [of the curtains] hanging over its rear to cover the planks.
ארבעה עמודי שטים: תקועים בתוך ארבעה א-דנים ואונקליות קבועין בהן עקומים
למעלה להושיב עליהן כלונס שראש הפרוכת כרוך בה, והאונקליות הן הווין, שהרי כמין ווין
הן עשוים, והפרכת ארכה עשר אמות לרחבו של משכן, ורחבה עשר אמות כגבהן של קרשים, פרוסה
בשלישית של משכן, שיהא הימנה ולפנים עשר אמות, והימנה ולחוץ עשרים אמה, נמצא בית קדשי
הקדשים עשר על עשר, שנאמר ונתת את הפרכת תחת הקרסים, המחברים את שתי חוברות של יריעות
המשכן, ורוחב החוברת עשרים אמה, וכשפרשה על גג המשכן מן הפתח למערב, כלתה בשני שלישי
המשכן, והחוברת השניה כסתה שלישו של משכן, והמותר תלוי לאחוריו לכסות את הקרשים:
33. "And you shall place the dividing curtain beneath the
clasps. You shall bring there on the inner side of the dividing curtain the Ark
of the Testimony, and the dividing curtain shall separate for you between the
Holy and the Holy of Holies. לג. וְנָתַתָּה אֶת הַפָּרֹכֶת תַּחַת הַקְּרָסִים
וְהֵבֵאתָ שָׁמָּה מִבֵּית לַפָּרֹכֶת אֵת אֲרוֹן הָעֵדוּת וְהִבְדִּילָה הַפָּרֹכֶת
לָכֶם בֵּין הַקֹּדֶשׁ וּבֵין קֹדֶשׁ הַקֳּדָשִׁים:
34. "And you shall place the ark cover over the Ark of the
Testimony in the Holy of Holies. לד. וְנָתַתָּ אֶת הַכַּפֹּרֶת עַל אֲרוֹן הָעֵדֻת
בְּקֹדֶשׁ הַקֳּדָשִׁים:
35. "And you shall place the table on the outer side of the
dividing curtain and the menorah opposite the table, on the southern side of
the Mishkan, and you shall place the table on the northern side. לה. וְשַׂמְתָּ
אֶת הַשֻּׁלְחָן מִחוּץ לַפָּרֹכֶת וְאֶת הַמְּנֹרָה נֹכַח הַשֻּׁלְחָן עַל צֶלַע הַמִּשְׁכָּן
תֵּימָנָה וְהַשֻּׁלְחָן תִּתֵּן עַל צֶלַע צָפוֹן:
And you shall place the table: The table was in the north, drawn
away from the northern wall [of the Mishkan by] two and one-half cubits. The
menorah was [placed] in the south, drawn away from the southern wall [by] two
and one-half cubits. The golden altar was placed opposite the space between the
table and the menorah, drawn a short distance toward the east. They [the table,
menorah, and golden altar] were all situated in the inner half of the Mishkan.
How was this? The length of the Mishkan from the entrance to the dividing curtain
was twenty cubits. The altar, the table, and the menorah were drawn away from
the entrance toward the western side ten cubits. — [from Yoma 33b]
ושמת את השלחן: שלחן בצפון, משוך מן הכותל הצפוני שתי אמות ומחצה. ומנורה
בדרום משוכה מן הכותל הדרומי שתי אמות ומחצה. ומזבח הזהב נתון כנגד אויר שבין שלחן
למנורה, משוך קמעא כלפי המזרח, וכולם נתונים מן חצי המשכן ולפנים. כיצד, אורך המשכן
מן הפתח לפרכת עשרים אמה, המזבח והשלחן והמנורה משוכים מן הפתח לצד מערב עשר אמות:
36. "And you shall make a screen for the entrance of the
tent, of blue, purple, and crimson wool, and twisted fine linen the work of an
embroiderer. לו. וְעָשִׂיתָ מָסָךְ לְפֶתַח הָאֹהֶל תְּכֵלֶת וְאַרְגָּמָן וְתוֹלַעַת
שָׁנִי וְשֵׁשׁ מָשְׁזָר מַעֲשֵׂה רֹקֵם:
And you shall make a screen: Heb. מָסָ, a curtain that is a
protector opposite the entrance, like “You made a hedge (שַׂכְךְתָּ) around
him” (Job 1:10), an expression of protection. [Note that the “samech” and the
“sin” are interchangeable.]
ועשית מסך: וילון שהוא מסך כנגד הפתח, כמו (איוב א י) שכת בעדו, לשון
מגן:
the work of an embroiderer: The figures [on the screen] are
produced on it with needlework-just as the face [was] on one side, so was the
face on that [other] side. — [from Yoma 72b, Baraitha Melecheth HaMishkan, ch.
4]
מעשה רקם: הצורות עשויות בו מעשה מחט, כפרצוף של עבר זה כך פרצוף של
עבר זה:
an embroiderer: Heb. רֹקֵם, the name of the craftsman, not the
name of the craft. Its Aramaic translation is עוֹבַד צַיָיר, work of an artist,
but not עוֹבֵד צִיוּר, work of artistry. The measurements of the screen were
the same as the measurements of the dividing curtain, [namely] ten cubits by
ten cubits. — [from Baraitha Melecheth HaMishkan, ch. 4]
רקם: שם האומן, ולא שם האומנות, ותרגומו עובד צייר. מדת המסך כמדת הפרוכת,
עשר אמות על עשר אמות:
37. "You shall make for the screen five pillars of acacia
and overlay them with gold, their hooks [shall be] gold, and you shall cast for
them five copper sockets. לז. וְעָשִׂיתָ לַמָּסָךְ חֲמִשָּׁה עַמּוּדֵי
שִׁטִּים וְצִפִּיתָ אֹתָם זָהָב וָוֵיהֶם זָהָב וְיָצַקְתָּ לָהֶם חֲמִשָּׁה אַדְנֵי
נְחשֶׁת:
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Tehillim: Chapters 140 - 144
• Chapter 140
David composed this psalm against his slanderers, especially the
chief conspirator Doeg. Anyone confronted by slanderers should recite this
psalm.
1. For the Conductor, a psalm by David.
2. Rescue me from the evil man, protect me from the man of
violence,
3. who devise evil schemes in their heart; every day they gather
for wars.
4. They sharpen their tongues like a serpent; the spider's venom
is forever under their lips.
5. Guard me, Lord, from the hands of the wicked, protect me from
the man of violence-those who plot to cause my steps to slip.
6. Arrogant ones have hidden a snare for me, and ropes; they
spread a net by my path, they set traps for me continually.
7. I said to the Lord, "You are my God!" Listen, O
Lord, to the voice of my pleas.
8. God, my Lord, the strength of my deliverance, You sheltered
my head on the day of armed battle.
9. Grant not, O Lord, the desires of the wicked; fulfill not his
scheme, make it unattainable forever.
10. As for the head of my besiegers, let the deceit of their own
lips bury them.
11. Let burning coals fall upon them; let it cast them down into
the fire, into deep pits, never to rise again.
12. Let not the slanderous man be established in the land; let
the evil of the man of violence trap him until he is overthrown.
13. I know that the Lord will execute judgement for the poor,
justice for the needy.
14. Indeed, the righteous will extol Your Name; the upright will
dwell in Your presence.
Chapter 141
This psalm teaches an important lesson: One should pray for
Divine assistance that his mouth not speak that which is not in his heart. The
gatekeeper only allows the gate to be opened for a purpose; let it be the same
with one's lips.
1. A psalm by David. O Lord, I have called You, hasten to me;
listen to my voice when I call to You.
2. Let my prayer be set forth as incense before You, the raising
of my hands as an afternoon offering.
3. O Lord, place a guard for my mouth, keep watch over the door
of my lips.
4. Do not incline my heart to a bad thing-to perform deeds in
wickedness, with men, doers of evil; let me not partake of their delicacies.
5. Let the righteous one strike me with kindness and let him
rebuke me; like the finest oil, let my head not refuse it. For as long [as I
live], my prayer is [to preserve me] from their harm.
6. For their judges have slipped because of their [hearts of]
rock, though they heard my words and they were pleasant.
7. As one who chops and splinters [wood] on the ground, so have
our bones been scattered to the mouth of the grave.
8. For to You, God, my Lord, are my eyes; in You I take shelter;
do not pour out my soul.
9. Protect me from the hands of the snare they laid for me, and
from the traps of the evildoers.
10. Let the wicked fall into their own nets together, until I
pass over.
Chapter 142
David composed this psalm while hiding from Saul in a cave, at
which time he had cut off the corner of Saul's garment (to prove that he was
able to kill him but did not wish to do so). He declared, "Where can I
turn, and where can I run? All I have is to cry out to You!"
1. A maskil1 by David, when he was in the cave, a prayer.
2. With my voice I will cry out to the Lord; with my voice I
will call to the Lord in supplication.
3. I will pour out my plea before Him; I will declare my
distress in His presence.
4. When my spirit is faint within me, You know my path. In the
way in which I walk, they have hidden a snare for me.
5. Look to my right and see, there is none that will know me;
every escape is lost to me. No man cares for my soul.
6. I cried out to You, O Lord; I said, "You are my refuge,
my portion in the land of the living.”
7. Listen to my song of prayer, for I have been brought very
low. Deliver me from my pursuers, for they are too mighty for me.
8. Release my soul from confinement, so that it may acknowledge
Your Name. Because of me, the righteous will crown [You] when You will deal
graciously with me.
Chapter 143
1. A psalm by David. O Lord, hear my prayer, lend Your ear to my
supplications. With Your faithfulness answer me, and with Your righteousness.
2. Do not enter into judgment with Your servant, for no living
being would be vindicated before You.
3. For the enemy has pursued my soul; he has crushed my life to
the ground; he has set me down in dark places, like those who are eternally
dead.
4. Then my spirit became faint within me; my heart was dismayed
within me.
5. I remembered the days of old; I meditated on all Your deeds;
I spoke of Your handiwork.
6. I spread out my hands to You; like a languishing land my soul
yearns after You, Selah.
7. Answer me soon, O Lord, my spirit is spent; hide not Your
face from me, lest I become like those who descend into the pit.
8. Let me hear Your kindness in the morning, for have I trusted
in You. Let me know the way in which I should walk, for to You I have lifted my
soul.
9. Deliver me from my enemies, O Lord. I have concealed [my
troubles from all, save] You.
10. Teach me to do Your will, for You are my God. Let Your good
spirit lead me in an even path.
11. For the sake of Your Name, O Lord, give me life; in Your
righteousness, take my soul out of distress.
12. And in Your kindness, cut off my enemies and obliterate all
those who oppress my soul, for I am Your servant.
Chapter 144
After triumphing in all his wars, David composed this psalm in
praise of God.
1. By David. Blessed be the Lord, my Rock, Who trains my hands
for battle and my fingers for war.
2. My source of kindness and my fortress, my high tower and my
rescuer, my shield, in Whom I take refuge; it is He Who makes my people submit
to me.
3. O Lord, what is man that You have recognized him; the son of
a mortal, that You are mindful of him?
4. Man is like a breath; his days are like a passing shadow.
5. O Lord, incline Your heavens and descend; touch the mountains
and they will become vapor.
6. Flash one bolt of lightning and You will scatter them; send
out Your arrows and You will confound them.
7. Stretch forth Your hands from on high, rescue me and deliver
me out of many waters, from the hand of strangers,
8. whose mouth speaks deceit and whose right hand is a right
hand of falsehood.
9. God, I will sing a new song to You, I will play to You upon a
harp of ten strings.
10. He who gives victory to kings, He will rescue David, His
servant, from the evil sword.
11. Rescue me and deliver me from the hand of strangers, whose
mouth speaks deceit and whose right hand is a right hand of falsehood.
12. For our sons are like plants, brought up to manliness in
their youth; our daughters are like cornerstones, fashioned after the fashion
of a palace.
13. Our storehouses are full, overflowing with all manner of
food; our sheep increase by the thousands, growing by the tens of thousands in
our open fields.
14. Our leaders bear the heaviest burden; there is none who
break through, nor is there bad report, nor outcry in our streets.
15. Happy is the nation for whom this is so. Happy is that
nation whose God is the Lord.
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Tanya: Likutei Amarim, middle of Chapter 25
• Lessons in Tanya
• Today's Tanya Lesson
Thursday, Shevat 29, 5774 · January 30, 2014
Likutei Amarim, middle of Chapter 25
ויחוד זה למעלה הוא נצחי לעולם ועד, כי הוא יתברך ורצונו למעלה מהזמן
In the upper spheres, this union between the soul and G‑d is eternal. For G‑d, blessed be
He, and His Will transcend time, and thus the union with G‑d and His Will also transcends time and is eternal.
וכן גילוי רצונו שבדבורו שהיא התורה הוא נצחי
So too even in this world His revealed Will, as expressed in His
Word — the Torah, is also eternal,
וכמו שכתוב: ודבר אלקינו יקום לעולם, ודבריו חיים וקיימים כו‘, ולא יחליף ולא
ימיר דתו לעולמים כו’
as it is written: 1 “But the Word of our G‑d shall stand forever”; and2 “His words live and endure
(eternally)”; and3 “He will never alter or exchange His law.”
Since the revelation of G‑d’s Will as
expressed in the Torah is beyond time, the union of the soul with G‑d that Torah and mitzvot effect is likewise eternal.
אלא שלמטה הוא תחת הזמן, ובאותה שעה לבדה שעוסק בה בתורה או במצוה
Here below, however, this union is within the limits of time,
for in this world the soul is under the dominion of time, and the soul is
united with G‑d only while
it is engaged in Torah study or in the performance of a mitzvah.
כי אחר כך אם עוסק בדבר אחר, נפרד מהיחוד העליון למטה והיינו כשעוסק
בדברים בטלים לגמרי שאין בהם צורך כלל לעבודת ה‘
For if he engages afterwards in anything else he becomes
separated, here below, from this Supernal union (— that is, if he occupies
himself with absolutely unnecessary matters that are in no way useful in the
service of G‑d).
ואף על פי כן, כשחוזר ושב לעבודת ה’ אחר כך, לתורה
ולתפלה, ומבקש מחילה מה‘ על שהיה אפשר לו לעסוק אז בתורה ולא עסק, ה’ יסלח לו
Nevertheless, when he repents and resumes his service of G‑d through Torah study or prayer, and he asks forgiveness of G‑d for not having studied Torah at the time of his occupation in
vain matters when he could have done so, G‑d forgives
him.
כמאמר רז״ל: עבר על מצות עשה ושב, לא זז משם עד שמוחלין לו
As our Sages have said, 4 “If one neglected to perform a
positive precept and repented, he is pardoned forthwith,” and is thus reunited
even here below, with G‑d and His
Will.
ולזה תקנו ברכת סלח לנו שלש פעמים בכל יום על עון ביטול תורה, שאין
אדם ניצול ממנו בכל יום
For this reason i.e., because such a request for forgiveness is
immediately effective in reuniting the soul to G‑d, so that it
will not be parted from Him even momentarily, the Sages ordained that the
blessing beginning “Forgive us...,” in which we beg forgiveness for the sin of
neglecting the study of the Torah, be recited as often as three times daily,
since no one escapes this sin even a single day.
וכמו התמיד שהיה מכפר על מצות עשה
This [blessing] is like the daily burnt-offering sacrificed in
the Holy Temple, that atoned for neglect of the positive precepts.
Yet it may be argued: Since this sin is repeated constantly,
begging forgiveness for it is similar to saying, “I will sin and repent, sin
and repent.” Our Sages have said5 that in such a case, G‑d does not grant the sinner the opportunity to repent; why then
should the request beginning “Forgive us…” be effective in the case of
neglecting Torah study? The Alter Rebbe now differentiates between the two
cases.
ואין זה אחטא ואשוב, אלא אם כן שבשעת החטא ממש הוא סומך על התשובה ולכך
חוטא, כמו שכתוב במקום אחר
This is not the same as saying, “I will sin and repent, sin and
repent,” unless at the very time when one commits the sin he relies on
subsequent repentance, and sins because of it, as explained elsewhere.
Since he perverted the idea of repentance by using it as an
excuse for sinning, he is not given the opportunity to practice it. However, in
our case of the oft-repeated sin of neglecting to study Torah, the offender
does not rely on teshuvah at the time of his sin, and he is therefore granted
the opportunity to ask for forgiveness thrice daily in the blessing of “Forgive
us."
* * *
At any rate, we see that the union of the soul with G‑d that is effected through the mitzvot is eternal. When one
considers that he would gladly give up his life so as not to be (even
momentarily) parted from G‑d by
practicing idolatry, he will realize that he surely ought to exert himself in
performing the mitzvot which bind him to G‑d forever.
The Alter Rebbe has thus demonstrated how being aware of one’s
willingness to sacrifice his life for G‑d, affects
both the areas of “turning away from evil” and “doing good,” i.e., the observance
of the negative and positive commandments respectively. It follows that this
awareness should constantly be on one’s mind, so that he will always be ready
to apply it to his performance of the mitzvot.
FOOTNOTES
1. Yeshayahu 40:8.
2. From the prayer
following the morning Shema.
3. From the medieval hymn
Yigdal, based on the Thirteen Principles of Faith formulated by Rambam.
4. Yoma 86a.
5. Ibid. 85b.
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Rambam:
• Sefer Hamitzvos:
P10, P5
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3
chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is
repeated a few days consecutively while the exploration of the same Mitzvah
continues in the in-depth track.
Positive Commandment 10
The Shema
"And you shall talk of them ... when you lie down and when
you rise up"—Deuteronomy 6:7.
We are commanded to recite the Shema twice daily: morning and
night. Women are not obligated in this time-bound mitzvah.
The 10th mitzvah is that we are commanded to recite the Shema1
daily, both in the evening and in the morning.
The source of this commandment is G‑d's statement (exalted be He),2 "And you shall speak of
them when you sit in your house [and when you walk on the road, when you lie
down and when you rise.]"
The details of this mitzvah have been explained in the tractate
Berachos. There3 it is explained that reciting Shema is a Biblical
requirement.4
The Tosefta5 explains [regarding the mitzvah of prayer]:
"Just as the Torah established the time for reciting Shema, so our Sages
established a time for prayer." The meaning of this statement is as
follows: Although prayer itself is ordained by the Torah, as explained above,6
the set times for prayer are not. The Sages established the times for prayer.
This is also the meaning of the statement,7 "The prayers were established
to correspond to the tamid sacrifices."8 This means that the Sages
established the times of prayer to correspond to the times of the sacrifices.9
Women are not obligated in this mitzvah.
FOOTNOTES
1. Deut. 6:4.
2. Deut. 6:7.
3. Berachos 21a.
4. The Rambam brings this
to prove that this mitzvah, since it is Biblical in origin, counts among the
613.
5. Berachos, beginning of
Ch. 3.
6. P5.
7. Berachos 26a.
8. See P39.
9. These passages prove
that not only is the recital of Shema itself ordained by the Torah, but that
the times are also ordained by the Torah. This makes reciting Shema a mitzvah
she'ha'zman groma — a mitzvah connected with a set time — from which women are
exempt. See Yad HaLevi on Sefer Hamitzvos, P10, note 1.
Positive Commandment 5
Prayer
"And you shall serve the L-rd, your G-d"—Exodus 23:25.
We are commanded countless times throughout the Torah to serve
G-d. Although this is a general commandment, it does contain a very specific
application: prayer, service of the heart as expressed through the mouth.
The 5th mitzvah is that we are commanded to serve G‑d (blessed be He). This commandment is repeated many times: And
you shall serve G‑d, your L‑rd";1 "And you shall serve Him";2 "And to
serve Him."3
Although this commandment is of a general nature,4 as explained
in the Fourth Principle,5 [and apparently should not be included in the count
of the 613 mitzvos,] nevertheless it has a specific quality, since it is the
commandment to pray.
[We see that "service" is not just a general command
from the following statements:] The Sifri6 says, "The verse, 'And to serve
Him' means prayer." The Sages also said, "The verse, 'And to serve
Him' means Torah study.
In the Mishnah of Rabbi Eliezer, the son of Rabbi Yosi
HaG'lili,7 the Sages said, "What is the biblical source to include prayer
among the mitzvos? From the verse, 'You shall fear G‑d, your L‑rd, and you
shall serve Him.' "8
They also said,9 "Serve Him through His Torah; serve Him in
His Temple." This [statement, 'serve Him in His Temple,'] means that one's
goal should be to pray in the Temple or in the direction of the Temple, as King
Solomon explained.10
FOOTNOTES
1. Ex. 23:25.
2. Deut. 13:5. Some
versions of Sefer Hamitzvos include here Deut. 6:13, "And you shall serve
Him."
3. Deut. 11:13.
4. I.e.
"serving" G‑d includes
performance of all the mitzvos, rather than a specific act.
5. In the Introductory
section of Sefer Hamitzvos. This Principle states that a mitzvah must be of a
specific nature in order to be counted among the 613 mitzvos.
6. Deut 11:13.
7. Also quoted in Migdal
Oz, beginning of Hilchos Tefilah.
8. Deut. 10:20.
9. Sifri Medrash Tenaim.
10. Kings I, 8:23,35.
Chronicles II, 6:32.
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• 1 Chapter: Kelim Chapter 14
Chapter 14
Halacha 1
Any entity that protects from ritual impurity as a sealed covering
in a structure that is impure because of a human corpse, protects from ritual
impurity as a sealed covering in the inner space of an earthenware container.
If it can prevent an entity from contracting ritual impurity from a severe form
of impurity, i.e., a structure that is impure because of a human corpse, it can
be assumed that it will also prevent impurity in the more lenient instance of
an earthenware container. Any entity that does not protect from ritual impurity
in a structure that is impure because of a human corpse, does not protect from
ritual impurity in the inner space of an earthenware container.
Halacha 2
Just as a sealed covering does not prevent impurity from
escaping in a structure that is impure because of] a human corpse, so too, it
does not prevent impurity from escaping into the inner space of an earthenware
container.
What is implied? If a pot was filled with food and liquids and
sealed closed and placed in an impure oven, the pot and its contents are pure.
When the pot contained the carcass of a crawling animal or impure liquids, even
though it is sealed closed, if it is placed in the inner space of an oven, the
oven contracts impurity. Similar laws apply
in all analogous situations.
in all analogous situations.
Halacha 3
When an impure ring was enclosed within a brick or an impure
needle was enclosed within a block of wood that fell into the inner space of an
earthenware container, it contracts impurity. Even though a loaf of bread that
is terumah that would touch this wood or brick
would be pure, these articles impart impurity to an earthenware container by
virtue of their presence in its inner space.
Halacha 4
When a rooster swallows the carcass of a crawling animal or
flesh from a human corpse and falls into the inner space of an oven, the oven
is pure. If the rooster dies there, the oven contracts impurity. The rationale
is that the fact that these entities were swallowed by a living being generates
protection from the impurity in an earthenware container, just as it generates
protection from impurity in a structure that is impure because of a human
corpse.
Halacha 5
Entities in a person's mouth or in the folds of his body are not
considered as swallowed.
What is implied? A person had impure liquids in his mouth. If he
closes his mouth and inserts his head into the inner space of an earthenware
container, he imparts impurity to it. Similarly, if a pure person who had food
and liquids in his mouth inserted his head into the inner space of an impure
oven, the food and the liquids in his mouth contract impurity. If he had a
lentil-sized portion of the carcass of a crawling animal and inserted it in the
inner space of an oven, the oven contracts impurity even though the source of
impurity is found in the folds of the person's body.
Halacha 6
When a sponge absorbed impure liquids, even though its surface
is dry, if it fell into the inner space of an earthenware container, it imparts
impurity to the container, because ultimately, the impurity will emerge.
Similar laws apply to a piece of turnip or a reed.
When shards that were used for impure liquids became dry and
fell into the inner space of an earthenware container, they do not impart
impurity to it. If they fell into an oven and it was heated, they impart
impurity to it, because ultimately, the liquids will emerge.
When does the above apply? With regard to impure liquids of a
lesser severity. When, however, the impurity of the liquids is severe, e.g.,
the blood of a woman in the nidah state or her urine, if it is possible
that they will emerge and the person is concerned that they emerge, they impart
impurity to the oven even if was not heated. If he is not concerned that they
emerge, they do not impart impurity until the oven is heated and the liquid
emerges.
Similarly, when new olive dregs that come from impure liquids
are used as kindling fuel for an oven, it contracts impurity, for, ultimately,
the liquids will emerge. If, however, the olive dregs are old, the oven is
pure. When are dregs considered old? After twelve months. When, however, it is
known that liquids will emerge from the dregs when the oven will be heated, the
oven contracts impurity when heated even if the dregs are three years old.
Halacha 7
Even though an earthenware container was divided with a
partition extending from its rim until its bottom, if impurity enters the inner
space of one of the portions, the entire container contracts impurity. The
rationale is that it is not common practice for people to divide earthenware
containers as they divide structures. Therefore, if an oven is divided with
boards or curtains and the carcass of a crawling animal is found in one place,
the entire oven is impure.
Halacha 8
When a container in which impurity was located was inserted into
the inner space of an earthenware container, if the edge of the impure
container extends outside the earthenware container, the earthenware container
is ritually pure even though the impurity is positioned inside of it, for Leviticus
11:33 states:
"Into whose inner space one of these will fall." Implied is that the
presence of impurity in the inner space of a container conveys impurity but not
its presence in the inner space of a container in the inner space of a second
container.
Halacha 9
A similar concept applies if there was an impure earthenware
container and another container holding food or liquids was inserted into its
inner space. If the edges of the other container extend beyond the impure
earthenware container, the food and the liquids remain pure. This is derived
from the continuation of the above verse: "Everything in its inner space
shall contract impurity," i.e., "in its inner space," and not in
the inner space of a container in its inner space.
What is implied? When a bee-hive shaped container, a basket, a
pot, a flask, or the like contained the carcass of a crawling animal and then
one lowered the basket or the like into the inner space of a barrel or into the
inner space of an oven, even though the carcass of the crawling animal is
positioned inside the inner space of the barrel or the oven since the edge of
the basket or the flask extends above the edge of the barrel or the edge of the
oven, the barrel or the oven is pure. In such a situation, if there were pure
food or liquids in a flask, in a pot, or the like and one lowered them into the
inner space of an impure oven or barrel, the food and liquids are pure.
If, however, the bee-hive shaped container, the basket, the
flask, or the like had a hole, they do not save entities from ritual impurity.
Instead, if they contained the carcass of a crawling animal and they were
lowered into the inner space of a pure earthenware container, it contracts
impurity. If there were pure food or liquids and one lowered them into the
inner space of an impure earthenware container, the food and the liquids
contract impurity.
How large must the hole be for these laws to apply?
In keilim that can be purified by immersion:
large enough for an olive to fall out. If it was an earthenware container made
to hold foods, the measure of the hole is: enough for olives to fall out. If it
was intended to hold liquids, the measure is: enough for liquids to seep in
when the container is placed in them. If it was made for both these purposes,
it is judged stringently and when this earthenware container has a hole large
enough for liquids to seep in, it does not save entities from impurity when
inserted in the inner space of an earthenware container.
?
In keilim that can be purified by immersion:
large enough for an olive to fall out. If it was an earthenware container made
to hold foods, the measure of the hole is: enough for olives to fall out. If it
was intended to hold liquids, the measure is: enough for liquids to seep in
when the container is placed in them. If it was made for both these purposes,
it is judged stringently and when this earthenware container has a hole large
enough for liquids to seep in, it does not save entities from impurity when
inserted in the inner space of an earthenware container.
Halacha 10
The following rules apply if one sealed a hole in an earthenware
container with tar. If the carcass of a crawling animal was in such a container
and it was lowered into the inner space of a pure oven, the oven contracts
impurity. For a sealed covering does not protect entities from contracting
impurity, as we explained.
If, however, this container held pure food or liquids and it was
lowered into the inner space of an impure oven, the food and the liquids are
pure, because the hole has been sealed. When holes in all other types of
containers were sealed close with tar and the like, they do not protect their
contents from contracting ritual impurity from an earthenware container.
Halacha 11
When a bee-hive shaped container has an opening, even though the
opening was closed with straw, it no longer protects its contents from
contracting impurity from an earthenware container, because it is not a
container.
Halacha 12
Although a flask or stone container was opened to the extent
that a pomegranate would fall from them - and thus they were no longer
considered in the category of keilim - they still save entities from
contracting impurity due to their presence in the inner space of an earthenware
container, provided the opening is above the outer edge of the earthenware
container and the receptacle is lowered within the inner space of the earthenware
container.
Halacha 13
When a simple hide or the like is hanging into the inner space
of an earthenware container or into the inner space of an oven and there is a
carcass of a crawling animal on the hide, the oven contracts impurity. If the
carcass was inside the oven, any food or liquids on the hide are impure. The
rationale is that the only type of entity that can prevent impurity from
spreading due to the inner space of an earthenware container is a container
that has a receptacle, e.g., a basket, a bin, or a flask.
Halacha 14
When there is impurity in the inner space of an earthenware
container and there was another pure earthenware container turned upside and
resting on the impure container, even though their inner space is combined, the
impure one is impure and the pure one is pure. This same ruling applies if the
impurity was attached to the wall of one container and it was overturned and
resting on a pure container. The rationale is that the impurity itself has not
entered the inner space of the pure earthenware container.
Therefore, if a barrel that was filled with pure liquids was
found below an oven and the carcass of a crawling animal fell into the oven,
the barrel and the liquids are pure, even though the inner space of the oven is
combined with the inner space of the barrel. Similarly, if the barrel is turned
facing the opening of the oven and its mouth opens to the inner space of the
oven, even the liquid at the base of the barrel is pure.
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• 3 Chapters: Kri'at Shema Chapter Three, Kri'at Shema Chapter
Four, Tefilah and Birkat Kohanim Chapter One
Chapter Three
In the second chapter, the Rambam discussed various halachot
regarding the proper state of mind necessary for the reciting of the Shema. In Chapter 3, the
discussion centers on the proper physical surroundings required for the
performance of the mitzvah and those situations that preclude its fulfillment.
Deuteronomy 23:10-15 discusses the laws regarding army
camps, giving as a fundamental guiding principle: "God walks among your
camp, therefore,... your camp must be holy" (ibid..,
15). Included in that guideline is the obligation for every soldier to carry a
spade in order to cover his excrement (ibid..
23:14). (See Positive Commandments 192 and 193 in Sefer HaMitzvot of the Rambam,Hilchot Melachim 6:14-15.)
..,
15). Included in that guideline is the obligation for every soldier to carry a
spade in order to cover his excrement (ibid..
23:14). (See Positive Commandments 192 and 193 in Sefer HaMitzvot of the Rambam,Hilchot Melachim 6:14-15.)
Since these laws were instituted because "God walks among
your camp," it follows that they are also relevant when the Jews attempt
to relate to God through prayer. Thus, these verses also serve as the source
for the laws regarding the prohibition of reciting the Shema in the presence of feces as discussed
in this chapter.
Commenting on the above verses, the Sifri states: "From here, we are taught
that one should not recite the Shema next to the soakings of the clothes
washers" - i.e., that one should not recite the Shema in a place where there is a foul odor
or an unclean substance.
Halacha 1
One who recites the Shema should wash his hands with water
before reciting it.
If the time for reciting the Shema arrives and he cannot find water, he
should not delay his recitation in order to search for water. Rather, he should
clean his hands with earth, a stone, or a beam [of wood] or a similar object,
and then recite.
Halacha 2
One should not recite the Shema in a bathhouse or latrine - even if
there is no fecal material in it - nor in a graveyard or next to a corpse. If
he distances himself four cubits from the grave or the corpse, he is permitted
to recite it. Anyone who recites in an improper place must recite the Shema again.
Halacha 3
The Shema may be recited facing, but not inside,
a latrine that has been newly built, but not used as of yet. [In contrast,] the Shema may be recited in a new bathhouse.
In the case of two buildings, one of which was designated for
use as a latrine and, concerning the other, the owner said: "And
this..." - a doubt remains regarding the latter: whether it also was
appropriated for a similar use or not.
Therefore, one should not deliberately recite the Shema there. However, after the fact, if he
recited it there, he has fulfilled his obligation.
If the owner said: "Also this," both have been
designated for this use, and theShema may
not be recited in them.
It is permissible to recite the Shema in the courtyard of the bathhouse,
i.e., the place where people stand clothed.
Halacha 4
Not only Kri'at Shema, but nothing pertaining to
matters of sanctity may be uttered in a bathhouse or latrine, even in a
language other than Hebrew.
Not only speech, but even thoughts pertaining to the words of
Torah are forbidden in a bathhouse, latrine or other unclean places - i.e., a
place where feces or urine is found.
Halacha 5
Secular matters may be discussed in a latrine, even in Hebrew.
Similarly, the terms used to express Divine attributes, such as merciful,
gracious, faithful and the like, may be uttered in a latrine.
However, the specific names of the Almighty - i.e., those which
may not be erased - may not be mentioned in a latrine or bathhouse that has been
used. If a situation arises where it is necessary to restrain someone from
wrongdoing, this should be done, even in Hebrew and even concerning matters of
sanctity.
Halacha 6
The Shema may not be recited in the presence of
human feces, or in the presence of dog or pig excrement while skins are soaking
in it, or in the presence of any other feces like these that have a foul odor.
This is also the case regarding human urine, but not animal urine.
One need not distance oneself from the feces or urine of a child
unable to eat the weight of an olive of grain cereal, in the time in which an
adult could eat an amount equivalent to the weight of three eggs.
Halacha 7
One may not recite the Shema next to feces, even if they are as dry
as a shard. However, if they were so dry that, if thrown away, they would
crumble, one may recite the Shema facing them.
If urine that has been soaked up into the ground is still
sufficiently wet to moisten one's hand, the Shema should not be recited facing it. If it
has dried sufficiently, the Shema may be recited.
Halacha 8
How far must a person distance himself from feces or urine in
order to recite theShema? Four cubits. This applies when they are at his
side or behind him, but if they are in front of him, he should move until he
cannot see them, and then recite [the Shema].
Halacha 9
When does the above apply?
When he is in an enclosure with them, and they are on the same level. However,
if they are 10 handbreadths higher or lower than he, he may sit next to them
and recite the Shema,
since there is a space separating them.
?
When he is in an enclosure with them, and they are on the same level. However,
if they are 10 handbreadths higher or lower than he, he may sit next to them
and recite the Shema,
since there is a space separating them.
The above applies provided no foul smell reaches him. Similarly,
if he were to cover the feces or urine with a vessel, it would be considered as
buried, even though it would still be in the room, and it is permitted to
recite [the Shema] next to
it.
Halacha 10
A person who is separated from feces by a glass partition, may
recite theShema next to
them even if he can still see them. If a quarter log of water is added to the urine of one
micturition, the Shema may be recited within four cubits of
it.
Halacha 11
If feces are found in a hole in the ground, a person may stand
with his shoe over the hole and recite the Shema.
However, his shoe may not touch the feces.
If one finds very small feces, the size of a drop, he may
expectorate thick saliva upon it to cover it, and then recite the Shema.
When there is a residue of feces on one's skin or one's hands
are dirty from the washroom, if - because of the small quantity or its dryness
- there is no foul odor, he may recite the Shema,
since there is no foul odor.
However, if it is still in its place, even if not visible when
he stands, since it is visible when he sits, he is forbidden to recite the Shema until he cleans himself very well.
This is because of the moist nature and foul smell of the feces.
Many Geonim taught that one is forbidden to recite
the Shema if one's hands are soiled, and it is
proper to heed their teaching.
Halacha 12
[When the source of] a foul odor has substance, one may distance
himself four cubits and recite the Shema provided the odor has subsided. If it
has not subsided, he should distance himself further until it ceases.
If [the odor] is not emanating from an actual substance - e.g.,
it is the result of someone passing gas - he should distance himself until the
odor ceases and [then] recite.
It is forbidden to recite the Shema in front of a cesspool or chamber pot,
even if it is empty and has no foul smell, as it is similar to a latrine.
Halacha 13
It is forbidden to recite the Shema while facing moving excreta - e.g.,
excreta floating on the water. The mouth of a pig is regarded as moving
excreta. Therefore, the Shema may not be recited facing it, until it
has moved four cubits away.
Halacha 14
A person who reaches an unclean place while he is walking and
reciting theShema, should not place his hand over his mouth and
[continue] his recitation. Rather, he should stop reciting until he has passed
this particular place.
Similarly, if one is reciting [the Shema] and passes gas, he
should stop until the odor subsides and resume his recitation afterwards. The
same applies to one studying Torah.
When another person passes gas, even though one should stop
reciting theShema, he need not interrupt his Torah study.
Halacha 15
A person is permitted to continue reciting the Shema if a doubt arises whether feces or
urine is found in the house in which he is located.
In contrast, a person reading the Shema in a garbage heap is not permitted to
continue reading if a doubt arises regarding the presence of feces until he
checks [that it is clean] because a garbage heap may be presumed to contain
feces. If the doubt exists only regarding urine, however, the Shema may be recited even in a garbage heap.
Halacha 16
Just as it is forbidden to recite the Shema where there are feces or urine until
one distances himself from it, so, too, the Shema may not be recited in the presence of
nakedness, unless one turns his face away.
This applies also to a non-Jew or a child. Even if a glass
partition separates him from them - since he sees them - he must turn his face
away in order to recite the Shema.
Any part of a woman's body is regarded as ervah. Therefore, one
should not gaze at a woman, even his wife, while reciting the Shema. If even a handbreadth of
her body is uncovered, he should not recite the Shema facing her.
Halacha 17
Just as one may not recite the Shema in the presence of another's nakedness,
so, too, is he forbidden to do so when he himself is naked. Therefore, one may
not recite the Shema when he is naked until he covers his
nakedness.
If his loins are covered with cloth, leather or sack, even
though the rest of his body is exposed, he may recite the Shema, as long as his heel does
not touch his genitalia.
If he is lying under his sheet, but is otherwise naked, he
should make a separation by placing his sheet below his heart, and [then]
recite the Shema. He
should not, however, make a separation from his neck [downward] and recite,
because his heart will see his nakedness, and it is as if he is reciting
without any loin covering.
Halacha 18
When two people are lying under one sheet, each is forbidden to
recite theShema even if he
has covered himself below his heart, unless the sheet also separates between
them in a manner that prevents their bodies from touching from the loins
downward.
If he is sleeping with his wife, children or other young members
of his household, their bodies are considered like his own, and he is not
affected by them. Therefore, even though his body is touching theirs, he may
turn away his face, separate below his heart and recite [the Shema].
Halacha 19
Until when is one considered a child concerning this matter? A
boy, until 12 years and one day; a girl, until 11 years and one day.
[When they reach that age, they are only excluded when] their
physical characteristics are like those of adults - i.e., developed breasts and
pubic hair. From this time onwards, one may not recite the Shema unless he has first separated himself
from them with the sheet.
However, if they have not yet developed breasts or pubic hair,
he may still recite [the Shema while lying] in physical contact with
them, and need not separate from them until the boy is 13 years and one day,
and the girl 12 years and one day.
Commentary Halacha 1
One who recites the Shema should wash his hands with
water - Rabbi Yochanan says: A
person who wants to accept upon himself the kingship of Heaven in the most
complete fashion should see to his bodily needs, wash his hands, put on tefillin, recite the Shema and pray. Rav Chiyya bar Abba equates
this process with the building of the altar and the bringing of sacrifices,
based on the verse in Psalms 26:6:
"I wash my hands in innocence and I encompass Your altar, O God" (Berachot 14a-15a).
before reciting it. - This
is the case even if one's hands are not obviously dirty, because hands tend to
touch the covered parts of one's body, and thus, require the washing of hands.
The Rambam holds that a blessing is recited after one washes
one's hands before Kri'at Shema. (See Hilchot Berachot 6:2.) The requirement to wash our
hands upon rising in the morning was established by the Sages as a preparation
for Kri'at Shema and the Amidah. A blessing was
instituted for this act and, therefore, a blessing is recited every time that
one washes his hands before Kri'at Shema or the Amidah. (Rabbenu Asher also
shares this position. See his notes to the ninth chapter of Berachot.)
The Rashba explains, however, that the blessing על נטילת ידים
was instituted as one of the many blessings that one recites upon rising in the
morning (ברכות השחר). In response to receiving anew his soul from Heaven, one
is obligated to praise and thank God. In that context, the Sages also
instituted the requirement that he sanctify himself for his day's worship, just
as the priests in the Temple did - i.e., by washing his hands with water from a
vessel. There is, however, no intrinsic connection between the washing of
hands, and Kri'at Shema and theAmidah. Therefore,
the blessing is recited only in the morning upon rising.
The Shulchan
Aruch, Orach Chayim 92:5 and
233:2 agrees with the Rashba and does not require a blessing upon washing hands
in preparation for Kri'atShema
and the Amidah. (See also Beit Yosef on Tur
Orach Chayim 7, Magen Avraham, the Mishnah Berurah on Orach
Chayim 4:1, and the Shulchan Aruch HaRav, Orach Chayim 4:1.)
If the time for reciting the Shema arrives - See Chapter 1, Halachah 11. According
to the Rambam's position, this refers to ten minutes before sunrise. The
differing opinions will interpret it to mean that the third hour of the morning
will soon pass.
and he cannot find water, he should not delay his recitation in
order to search for water. - In
contrast, in Hilchot Tefillah 4:2 and 4:3, the Rambam obligates one
to travel a substantial distance (up to 4 kilometers) to find water in order to
wash his hands before the Amidah.
Rabbenu Manoach explains that, in the latter instance, the law is stricter
because there is a longer time during which one may recite the Amidah - until the end of the fourth hour.
Hence, we need not worry that he will miss the proper time.
The Kessef
Mishneh adds that we are
stricter regarding the time of Kri'at Shema since it is a Torah obligation.
Were a person obligated to travel great distances in search of water, he might
miss the proper time of Kri'at Shema simply in order to fulfill the
Rabbinic ordinance regarding washing his hands.
Rather, he should clean his hands with earth, a stone, or a beam
[of wood] - Berachot 15a explains that Psalms 26:6,
the verse from which the obligation to wash is derived, does not state "I
wash my hands in water," but rather binikayon,
in innocence or cleanliness. Thus, anything useful for cleaning the hands may
be used, although water is most preferable.
or a similar object, and then recite. - Berachot 15a uses the expression “anything that
cleans.” Therefore, rough clothing is also useful for this purpose (Kessef
Mishneh), as is cleaning one's hands by rubbing them against the wall (Shulchan
Aruch, Orach Chayim 92:6).
Commentary Halacha 2
One should not recite the Shema in a bathhouse - When describing the proper environment
for an army camp, Deuteronomy
23:15 states: "He
shall not see any nakedness among you." Implied is that nakedness, and
also a place where people undress even if no naked people are there, is not
appropriate for "God to walk among you." Hence, neither Shema nor the Amidah can be recited there. See halachot
16-19.
or latrine - even if there is no fecal material in it - Berachot 26a andShabbat 10a explain that even without the
presence of fecal matter, a latrine is not a fit place for prayer.
nor in a graveyard or next to a corpse. - Berachot 18a. Proverbs 17:5states:
"The one who mocks the poor (rash) reproaches his Creator."
The Talmud also explains that this term also refers to the dead and derives
many halachot regarding conduct in the presence of a corpse from this verse. It
is forbidden to wear tefillin or carry a Torah scroll in a
graveyard, since one would, in a certain sense, be mocking the dead, who are
unable to perform mitzvot. This is the case regarding Kri'at Shema also.
If he distances himself four cubits from the grave or the
corpse, he is permitted to recite it. - Sotah 43b teaches us that a corpse
"occupies" a space of four cubits regarding Kri'at Shema.
Anyone who recites in an improper place must recite the Shema again. -The Kessef Mishneh explains that the Rambam's position is
based on the notion of קנסוהו רבנן i.e., that the Rabbis disallowed the Kri'at Shema even in a case where one was
unaware of the impropriety of the place, so that people would exercise greater
care in this matter.
The Ra'avad differs with one aspect of the Rambam's decision. He
maintains that although it is certainly forbidden to read the Shema in the presence of a corpse or in a
graveyard, the violation of this prohibition does not override the fact that
one did recite the Shema.
Therefore, he need not repeat it. TheShulchan Aruch, Orach Chayim 71:7, agrees with the Rambam. (See theMishnah
Berurah also.)
Commentary Halacha 3
The Shema may be recited facing, but not
inside,a latrine that has been newly built, but not used as of yet. - The designation alone of a building
for such a purpose attaches a stigma to it such that it is unfit for the Shema to be recited inside it.
Shabbat 10a raises the
question of praying in such a building and does not resolve the issue. The
Ra'avad therefore disagrees with the Rambam and feels that such a doubt should
be dealt with leniently - i.e., that we should allow one to pray inside such a
building.
[In contrast,] the Shema may be recited in a new
bathhouse. - Rav Adda bar Ahava
states: "One may pray in a bathhouse." The Talmud explains that he
was referring to a new bathhouse. Rashi explains that this means that it has
been designated as such but no one has ever bathed there (Shabbat 10a).
The Sages felt the stigma attached to a bathhouse was not as
severe as that attached to a latrine and hence, were more lenient.
In the case of two buildings, one of which was designated for
use as a latrine and, concerning the other, the owner said: "And
this..." - a doubt remains regarding the latter: whether it also was
appropriated for a similar use or not. - Nedarim 7a mentions this case within the
context of the Talmudic concept of yad (“a handle”) of a vow or other
significant utterance. This term refers to expressions that are not completely
self-explanatory and leave room for doubt. Just as the handle of a cup is not
the essential part of the cup, and yet when one grabs the handle the whole cup
itself follows, so, too, a statement can be made which in itself is incomplete
or unclear, but seems to contain within it an intimation of a complete idea. In
our case, it is unclear whether the word וזה refers also to a latrine or to
another idea altogether.
Therefore, one should not deliberately recite the Shema there - since perhaps the expression וזה does indeed make it appear as if he actually said
the word "latrine."
make it appear as if he actually said
the word "latrine."
However, after the fact, if he recited it there, he has
fulfilled his obligation. - Rav
explains that this is based on the idea of ספק דרבנן לקולא (that a doubt
concerning a rabbinic ordinance is dealt with leniently).
If the owner said "Also this," both have been
designated for this use, and the Shema may not be recited in them. - Nedarim 7a deals explicitly with this case and
understands "Also this" as clearly referring to a latrine.
It is permissible to recite the Shema in the courtyard of the
bathhouse -In contrast to the previous cases in this halachah, this applies to
the courtyard of a bathhouse which is being used.
i.e. the place where people stand clothed. - Shabbat 10a distinguishes between the middle
room where some people are clothed and others naked, and the courtyard of the
bathhouse, where everyone is clothed. Only there, in the courtyard, is one
permitted to recite the Shema.In
the middle room one is prohibited from reciting Kriat Shema even if there are no naked
people there at the time (Shulchan Aruch HaRav Orach Chayim 84:1).
Commentary Halacha 4
Not only Kri'at Shema,
but nothing pertaining to matters of sanctity - e.g., Torah study or prayers,
may be uttered in a bathhouse or latrine, even in a language
other than Hebrew. - Berachot 24b quotes various verses which equate
such utterances with very serious transgressions.
Not only speech but even thoughts pertaining to the words of
Torah are forbidden in a bathhouse, latrine or other unclean places - Psalms 12:7states:
"The words of God are pure words." Therefore, it is improper for them
to be uttered or contemplated in a place of filth (Sefer Chassidim 546).
i.e., a place where feces or urine is found. - Zevachim 102b relates that Rabbi Elazar ben
Rabbi Shimon thought of a halachah while at the latrine. The Talmud then asks
how he could have done such a thing, since such thought is forbidden. They
explain that a state that is unavoidable (anus is different.
Rashi explains that Rabbi Elazar was so immersed in his Torah
study that he thought about it even against his will. Rabbenu Manoach quotes
the Ra'avad as saying that in such a case, thoughts of Torah are permitted when
at the latrine.Sefer Chassidim (loc.
cit..) advises that people should force themselves to think of mundane
matters in order to avoid thoughts of Torah in unclean places. (SeeMagen
Avraham, Orach Chayim 85.)
Commentary Halacha 5
Secular matters may be discussed in a latrine, even in Hebrew. - TheMagen Avraham (Orach Chayim 85) quotes Sefer Chassidim (994) which states that one should
accustom oneself to act piously and not speak Hebrew at the latrine. The Ramah (Orach Chayim 3:2) mentions that it is preferable
not to speak at all at the latrine.
Similarly, the terms used to express Divine attributes, - The terms used to praise God, but
which are not His specific names and may therefore be erased (Hilchot
Yesodei HaTorah 6:5).
such as merciful, - רחום
in Hebrew. The Ra'avad disagrees with the Rambam and states that since this
attribute is used as a name only in relation to God, it may not be uttered in
the latrine. Rabbenu Yonah quotes Psalms 112:4 as a source that uses the term רחום in
relation to a righteous person, thereby refuting the Ra'avad. The Shulchan Aruch, Orach Chayim 85:2 accepts the Rambam's position.
gracious, faithful and the like, may be uttered in a latrine. - when they are not used to refer to
Him, but are mentioned in the course of one's speech.
However, the specific names of the Almighty i.e., those which
may not be erased. - In Hilchot Yesodei HaTorah (ibid..)
the Rambam gives a larger list than appears here and includes descriptive terms
used to refer to God, e.g., the Great One, the Mighty One, and other names.
..)
the Rambam gives a larger list than appears here and includes descriptive terms
used to refer to God, e.g., the Great One, the Mighty One, and other names.
The Kessef
Mishneh expresses surprise at
the exclusion of the term שלום.Shabbat 10b
explicitly mentions it as forbidden to be uttered in the bathhouse - all the
more so at the latrine - since it is specifically used as a name of God (Judges 6:24).
The Magen Avraham (Orach
Chayim 95) also forbids the
utterance of שלום in such places.
may not be mentioned in a latrine or bathhouse that has been
used -This refers only to the bathhouse for these statements may not be recited
in a latrine even though it has not been used.
If a situation arises where it is necessary to restrain someone
from wrongdoing, this should be done, even in Hebrew and even concerning
matters of sanctity. - Shabbat 40b quotes an instance in which Rabbi
Meir explicitly mentioned a halachah in the bathhouse in order to stop a pupil
from transgressing. Accordingly, it distinguishes between distancing someone
from wrongdoing, which is permitted, and uttering other words of Torah, which
is forbidden (as mentioned).
Commentary Halacha 6
The Shema may not be recited in the presence of
human feces - even if it emits no foul odor. (See Rashi on Berachot 25a.)
or in the presence of dog or pig excrement while skins are
soaking in it - Skins were
frequently soaked in feces in the process of making them into leather.
Berachot 25a quotes two beraitot. One prohibits the Shema to be read near the excrement of dogs
and pigs, and the other prohibits Kri'at Shema in the presence of these
excrements only when skins are soaking in them. Ravvah prefers the second
source, and the Rambam decides halachah in accordance with Ravvah's position.
Rashi explains that the idea of soaking skins applies only to
the excrement of dogs and pigs, since it is a common practice to soak skins in
them, but not to human feces, which is not used for such a purpose.
or in the presence of any other feces like these that have a
foul odor. -This includes chicken or donkey dung (Kessef Mishneh based on the Jerusalem Talmud, Berachot 3:5).
This is also the case regarding human urine but not animal
urine. - I.e., the Shema may be recited next to it. The Ra'avad
disagrees with the Rambam and quotes the Jerusalem Talmud, which includes
donkey urine as one of those items that prohibit Kri'at Shema. The Kessef Mishneh explains that the Talmud on which the
Rambam based his decision most probably mentioned donkey dung (as mentioned in
the previous comment) and not donkey urine. TheShulchan Aruch, Orach Chayim 79:6 reflects the position of the
Ra'avad.
Rabbenu Asher points out that the Rambam mentions animal urine
alone as not being problematic, thereby indicating that animal dung (e.g., cow
or horse excrement) would be problematic. Rabbenu Asher himself sees no room to
prohibit animal dung, since it is never mentioned in the Talmud as problematic.
The Kessef Mishneh holds that the Rambam's position is
that animal dung is prohibited only if its smell causes discomfort, and that
the extent of this discomfort is somewhat subjective. Therefore, the Rambam did
not mention it explicitly.
The Shulchan
Aruch, Orach Chayim 79:4
rules in accordance with this understanding of the Rambam. (This is not
surprising, since the Kessef
Mishnehand the Shulchan
Aruch were both written by
Rav Yosef Karo.)
One need not distance oneself from the feces or urine of a child
unable to eat the weight of an olive, - The
weight of a זית (an olive's size) cannot be determined by weighing an average
olive today. Rather, it is dependent on the measure established by the Sages,
and this is the subject of debate by the Rabbinic authorities. The Pri Chadash (Orach Chayim 486) explains that the Rambam
considers an olive as one third the size of an egg (כביצה, a more familiar
Talmudic measure). In terms of modern measurements, this olive size would be
between 16.6 and 24 grams, according to various Halachic opinions.
Tosefot (Chullin 103a) differs, and defines a 18תיזכ
(the size of an olive) as one half the size of an egg (between 25.6 and 36
grams according to the various opinions).
of grain cereal - There
are five types of grain cereal - wheat, barley, oats, spelt and rye (See Hilchot Chametz U'Matzah 5:1).
in the time in which an adult could eat an amount equivalent to
the weight of three eggs. - This
measure (אכילת פרס in Hebrew) is significant in halachah. Just as the Torah
requires a specific quantity, the size of an olive, as regards many of the
mitzvot and prohibitions concerning eating, it also specifies a limited period
in which this amount of food must be consumed: 18ידכ סרפáתליכא - the time it
takes to eat this measure.
This measure is also a point of Rabbinic controversy. Here and
in Hilchot Ma'achalot Asurot 14:8, the Rambam defines 18תליכא סרפ
as three eggs. Rashi (Pesachim 44a)
takes a more lenient view, defining it as four eggs.
This halachah is based on the principle that it is unnecessary
to distance oneself from a child's feces or urine which does not have a foul
odor. Thus while a child's sole source of nourishment is nursing, there is no
prohibition. However, grains emit a foul odor after being digested (Rashi on Succah 42b). Therefore, once the child begins
eating them, the Shema may not be recited in the soiled
child's presence.
Commentary Halacha 7
One may not recite the Shema next to feces even if they are
as dry as a shard. However, if they were so dry that if thrown away - Berachot 25a defines this as feces which when
either: a) rolled, or b) thrown, they will not crumble. At such a time, they
are regarded like a shard. The Rambam chooses the stricter of these two
opinions - i.e., that if thrown it still retains its shape and is, therefore,
forbidden (Kessef Mishneh).
it would crumble - Rabbenu
Manoach states that it must really crumble and not just break into two pieces.
one may recite the Shema facing them. - However, if they still emit a foul
odor, the Shema may not be recited next to them, as
mentioned in Halachah 12 in regard to a foul smell emanating from a substance (Kessef
Mishneh).
If urine that has been soaked up into the ground is still
sufficiently wet to moisten one's hand, the Shema should not be recited facing
it. -Berachot 25a-b
records the disagreement between Rabbi Yosse and the Sages regarding the degree
of moistness necessary to be problematic. The Sages require that the hand be
moist enough so that it itself would dampen something it came into contact
with, while Rabbi Yosse requires moisture only on the hand itself. The Rambam
decides the halachah in accordance with the position of Rabbi Yosse.
If it has dried sufficiently, the Shema may be recited. - even if a mark is still visible on the
ground (Berachot 25a).
Commentary Halacha 8
How far must a person distance himself from feces or urine in
order to recite the Shema?
Four cubits. - This halachah is
based on the Mishnah (Berachot 22b).
In modern measure, a cubit is 48 centimeters according toShiurei Torah and 57.7 centimeters according to the Chazon Ish.
This applies when they are at his side or behind him, but if
they are in front of him, he should move - Berachot 26a modifies the Mishnah quoted on
22b.
Ravvah says: "We learned (in our Mishnah) only regarding
'behind him,' but 'in front of him' - he should distance himself until he
cannot see it."
The Rambam equates "its being at the side" with
"behind him." The Kessef
Mishneh suggests that this
only applies when it is impossible to move in front of the feces. However, if
he is able to walk in front of them, he must. Nevertheless, the Shulchan Aruch, Orach Chayim 79:1 states simply that "to its
being at the side" is equated with "behind him."
The Magen
Avraham quotes the statement
of the Kessef Mishneh and mentions that if the feces were at
his side and slightly in front of him, they would be considered as if they were
in front. Therefore, one would be required to move until they were out of
sight.
until he cannot see them, and then recite [the Shema]. - Even at night, he must distance himself
that amount that he would move away from them in the daytime (Shulchan
Aruch, Orach Chayim 79:1).
This is also the case with a blind person.
Commentary Halacha 9
When does the above apply? - i.e.,
that one must distance oneself four cubits from urine and feces.
when he is in an enclosure with them, and they are on the same
level. However, if they are 10 handbreadths - i.e.,
approximately 80 centimeters according to Shiurei
Torah or 96 centimeters
according to the Chazon Ish.
higher or lower than he - he
is considered to be in a different place, (Berachot 25b) and...
he may sit next to them and recite the Shema, since there is a
space separating them. - Rabbenu
Asher suggests that this leniency applies even if he can see the excrement. The
Rashba, however, disagrees and states that if he can see it, he is forbidden to
recite the Shema. The Shulchan Aruch, Orach Chayim 79:2 quotes both positions. The Magen Avraham suggests that closing one's eyes would
be enough to allow one to recite the Shema.
The above applies provided no foul smell reaches him. - This is not mentioned in the beraita in Berachot 25a. However, immediately after the
halachah regarding separations, the beraita then states that a foul smell
emanating from a solid substance prohibits recitation of the Shema. Hence, the Rambam
associates the two halachot.
The Kessef
Mishneh mentions that, based
on the Rambam's position, one should be careful not to recite the Shema or pray in a house with a foul odor,
even if the odor is emanating from a different house. The Shulchan Aruch, Orach Chayim 79:2 quotes this, but also mentions
the positions of Rabbenu Yonah and Rabbenu Asher, that a separation is
sufficient even if an odor remains.
The Magen
Avraham suggests that it is
best to be strict in such a case. However, he grants one leniency. Generally,
one must distance oneself from an odor even if he himself cannot smell it.
However, in this instance, a lack of smell would be enough to permit the
reading of the Shema.
Similarly, if he were to cover the feces or urine with a vessel,
it would be considered as buried, even though it would still be in the room and
it is permitted to recite [the Shema]
next to it - See Berachot 25b.
Commentary Halacha 10
A person who is separated from feces by a glass partition, may
recite the Shema next to them even if he can
still see them. - Berachot 25b equates this with a case where the
feces are covered.
If a quarter log of water - a
רביעית whose modern equivalent is 86.4 cc according to Shiurei Torah and 150 cc according to Chazon Ish.
is added to the urine of one micturition, the Shema may be recited within four
cubits of it. - I.e., regardless
of the size of the micturition, one רביעית is sufficient (Kessef Mishneh).
Rabbenu Asher explains that the Rambam mentions explicitly one
micturition in order to tell us that a רביעית must be added for each
micturition - i.e., two revi'iotfor
two, three revi'iot for three, etc.
The Kessef Mishneh explains that there is no difference
if the water is there before the micturition or is added afterwards.
Commentary Halacha 11
If feces are found in a hole in the ground - See Berachot 25b.
one may stand with his shoe over the hole and recite the Shema. - This is considered as a sufficient
covering. We do not consider his sandal to be part of his body, in which case,
the feces would not be considered covered.
The Shulchan
Aruch, Orach Chayim 76:2 adds
that there must be no foul smell from the צואה.
However, his shoe may not touch the feces. - After stating the halachah that one
may put one's shoe on top of the hole in the ground, Berachot 25b questions the law when excreta is
stuck to a person's shoe, and leaves the question unresolved (תיקו).
Accordingly, the more stringent opinion is followed.
The Rambam explains that this applies if there is any contact
between the shoe and the feces. However, the Ra'avad maintains that this only
applies when the feces are actually stuck to the shoe. The Shulchan Aruch, Orach Chayim (ibid..) 76:2 supports the
Rambam's position.
If one finds very small feces, the size of a drop he should
expectorate thick saliva upon it, to cover it, and then recite the Shema - See Berachot25b.
If there is a residue of feces on one's skin or one's hands are
dirty from the washroom, if - because of the small quantity or its dryness -
there is no foul odor - Berachot 25a states simply “if there are feces
on one's skin.” The Rambam explains this as referring to a residue of feces -
i.e., a stain, with no actual substance.
Rabbenu Asher explains that this applies when there is actual
substance on the person's skin, but it is covered by his clothing. The Shulchan Aruch, Orach Chayim 76:4 reflects the understanding of
Rabbenu Asher. However, the Magen
Avraham favors the Rambam's
position.
he may recite the Shema,
since there is no foul odor. - This
decision is disputed in Berachot, ibid.. Though most Halachic
authorities accept the decision quoted by the Rambam, Rabbenu Chananel differs.
The Shulchan Aruch HaRav 76:4 advises that one follow the
opinion of Rabbenu Chananel.
However, if it is still in its place, - i.e., his anal opening
even if not visible when he stands, since it is visible when he
sits he is forbidden to recite the Shema until he cleans himself very
well. This is because of the moist nature and foul smell of the feces. - See Yoma 30a.
Many Geonim taught that one is forbidden to
recite the Shema if one's hands are soiled - The position of Rabbenu Chananel
mentioned above.
and it is proper to heed their teaching. -Even though in strict
halachic terms one need not heed their teaching, it is fitting to do so, since
it is improper to recite the Shema with dirty hands (Kessef Mishneh).
Commentary Halacha 12
[When the source of] a foul odor has substance - e.g., feces are found on the ground
and a foul odor is emanating from them (Rashi, Berachot 25a).
one may distance himself four cubits and recite the Shema - Berachot25a records a
disagreement between Rav Huna and Rav Chisda. Rav Huna states that one must
distance himself four cubits from such a substance. Rav Chisda requires that
one must distance himself four cubits from the point where there is no foul
smell.
The Rambam holds that the halachah follows Rav Huna. In the
previous halachah, the Rambam also supported Rav Huna's position, since Rav
Chisda was a student of Rav Huna and thus, of lesser stature. In contrast, the
Ra'avad accepts Rav Chisda's position. The Shulchan
Aruch, Orach Chayim 79:1
quotes the Ra'avad's view.
provided the odor has subsided. - Rabbenu Manoach points out that this
halachah applies only in the case where the substance is to his side or behind
him. However, if the substance is in front of him, we have already learned in
Halachah 8 that he must distance himself until he can no longer see it.
If it has not subsided, he should distance himself further until
it ceases. - Rashi differs and
explains that Rav Huna allows the Shema to be recited four cubits from the
substance even if the odor has not subsided.
If [the odor] is not emanating from an actual substance - e.g., it is the result of someone
passing gas - he - does not necessarily have to distance himself four cubits.
Rather, he...
should distance himself until the odor ceases and [then] recite.
- The Ra'avad also disagrees concerning this point and requires that one
distance himself four cubits from the point at which the odor ceases. The Shulchan Aruch (ibid..) accepts the Ra'avad's
position.
It is forbidden to recite the Shema in front of a cesspool or
chamber pot, - in Hebrew גרף ועביט,
both of which are clay vessels. גרף is used for excreta and עביט for urine
(Rashi on Berachot 25b).
even if it is empty and has no foul smell as it is similar to a
latrine. -Rashi (Berachot 25b)
explains that since these two items are specifically designated for use with
feces and urine, the Shemaámay
not be recited next to them.
Among the present applications of this halachah is the need to
distance oneself from a child's potty when reciting the Shema and other prayers even if it does not
contain feces or urine.
Commentary Halacha 13
It is forbidden to recite the Shema while facing moving excreta -Berachot 25a mentions a difference of opinion
between Ravvah and Abbaye about this case. Abbaye holds that one is permitted
to recite the Shema next to moving excreta, while Ravvah
forbids it.
[The Babylonian Talmud is so full of disagreements between these
two Torah scholars that it is called the book of the arguments between Ravvah
and Abbaye. Among all these arguments, the halachah reflects Abbaye's position
only six times. Here, also, the halachah is in line with Ravvah's opinion.]
- e.g., excreta floating on the water. The mouth of a pig is
regarded as moving excreta and, - Berachot 25a explains that even if the pig has
just emerged from the water, it is forbidden to recite Kri'at Shema facing it. A pig is always
rummaging around in garbage and excrement and, therefore, is judged as moving
excreta at all times. The Shulchan
Aruch, Orach Chayim 76:3
explains that a pig has the halachic status of a cesspool.
therefore, the Shema may not be recited facing it,
until it has moved four cubits away. - Some Rishonim distinguish between moving feces and a
stationary substance since in the former case, the feces will continue to
proceed further. This would appear to be the Rambam's opinion as obvious from
the contrast between a stationary substance emitting a foul odor where we are
required to distance ourselves until it is out of sight (Halachah 8) and this
Halachah.
The Kessef
Mishneh explains that there
is no Talmudic source for this distinction. Therefore, he explains that there
is no difference between stationary and moving feces and that this halachah
only applies to feces which are behind one. If the feces are in front of one,
the Shema cannot be recited until they move out
of sight.
In the Shulchan
Aruch, Orach Chayim 76:2, Rav
Yosef Karo follows his explanation in the Kessef
Mishneh. However, the Bach and the Magen Avraham(76:2) make the
distinction between moving and stationary feces.
Commentary Halacha 14
A person who reaches an unclean place - I.e., a place where there is a foul
odor emanating from excreta or urine.
while he is walking and reciting the Shema, should not place
his hand over his mouth and [continue] his recitation. Rather, he should stop
reciting until he has passed this particular place. - Berachot 24b relates:
Rav Huna said in the name of Rabbi Yochanan: When one is walking
in an unclean place, he may place his hand over his mouth and recite the Shema.
Rav Chisda said to him: My God - if Rabbi Yochanan himself said this to me I would not listen!"
Rav Chisda said to him: My God - if Rabbi Yochanan himself said this to me I would not listen!"
The Hagahot
Maimoniot and the Kessef Mishneh both explain that in this case, the
Rambam supports the position of Rav Chisda over that of Rav Huna (as opposed to
Halachot 12 and 13), because many other sages of the Gemara also accept the
opinion of Rav Chisda.
Similarly, if one is reciting [the Shema] and passes gas,
he should stop until the odor subsides - for
this is an odor that does not emanate from a solid substance as first mentioned
in Halachah 12. The Hebrew word באשה is based on Joel 2:20.
and resume his recitation afterwards.
The same applies to one studying Torah. - Berachot 25a equates the two.
When another person passes gas, even though one should stop
reciting the Shema,
he need not interrupt his Torah study. - Rashi
(Berachot 25a) explains
the distinction between Kri'at Shema and Torah study as follows: One may
leave the room and continue reciting the Shema.
Therefore, one is obligated to stop if he remains. In contrast, a person
studying Torah needs his books and therefore, cannot continue studying if he
leaves the room. Accordingly, he need not interrupt his studies.
This also explains the distinction between his own gas and that
of a colleague. In the case of his gas, a person may leave for a moment and
then return, but as the Shulchan
Aruch, Orach Chayim 79:9
explains, we will not obligate a whole study hall to stop studying because of
the gas of a few. The Shulchan
Aruch HaRav (Orach Chayim 79:11) adds that this is considered as
a factor beyond one's control, and, therefore, does not require the
interruption of study.
The Magen
Avraham (79:15) mentions that
perhaps, if a person was studying alone and could leave the room in order to
avoid the foul odor, he should do so. The Shulchan
Aruch HaRav, however, makes no such distinction and also allows one to
continue studying.
Commentary Halacha 15
A person is permitted to continue reciting the Shema if a doubt arises whether feces
or urine is found in the house in which he is located -Rashi (Berachot 25a) explains that it is not a normal
practice to leave such materials in a house. Therefore, we may assume that the
house is clean.
In contrast, a person reading the Shema in a garbage heap is not
permitted to continue reading if a doubt arises regarding the presence of feces
until he checks [that it is clean] because a garbage heap may be presumed to
contain feces. - This applies to
a garbage heap that has no foul smell of its own, but a doubt arises regarding
the presence, or lack of, of feces (Rabbenu Manoach).
If the doubt exists only regarding urine, however, the Shema may be recited even in a
garbage heap. - The Torah forbids
reciting holy matters only in the presence of urine while it is actually being
expelled from the person. The Rabbis added an injunction prohibiting the
recitation of the Shema in the presence of urine even after
its expulsion. However, a doubt regarding such urine would produce a lenient
halachic ruling, based on the principle ספק דרבנן לקולא - a doubt in a Rabbinic
law produces a lenient response.
Commentary Halacha 16
Just as it is forbidden to recite the Shema where there are feces or urine
until one distances himself from it, so, too, the Shema may not be recited in the
presence of nakedness - The
previous halachot in this chapter have dealt with the
prohibition of reciting the Shema in the presence of unclean substances
and foul odors. As mentioned, this is a Torah prohibition based on the verse (Deuteronomy
23:15): "And your camp must be holy."
The succeeding words in that verse - ולא יראה בך ערות דבר -
"Let Him not see any nakedness among you" serve as the basis for
halachot that follow in this chapter. These halachot deal with the impropriety
of reciting the Shema in the presence of human nakedness.
unless he turns his face away. - Since the prohibition is based on the
idea of לא יראה בך (It shall not be seen to you), sight, and not physical
distance, is of primary importance.
This applies also to a non-Jew - See Berachot 25b. The Torah Temimahexplains that this
prohibition even applies regarding the nakedness of primitive peoples who carry
on their daily affairs unclothed.
or a child - The
Ramah mentions that until the age of 3 for a girl and 9 for a boy, the Shema may be recited in their presence if
they are naked. However, other opinions are not that lenient and forbid
recitation of holy words even in the presence of the nakedness of small
children. See Kitzur Shulchan
Aruch 5:15.
Even if a glass partition separates him from them - since he sees
them - he must turn his face away in order to recite the Shema. - Berachot 25b distinguishes between feces behind
a glass partition, which is permitted (see Halachah 10) and nakedness, which is
forbidden. Regarding feces, the Torah demands (Deuteronomy
23:14): “And you shall cover your excrement,” and a glass partition
fulfills this function. However, the prohibition regarding nakedness is one of
sight: לא יראה בך (It shall not be seen among you), and one sees through glass
perfectly.
Any part of a woman's body - that
is usually covered
is regarded as ervah.
Therefore one should not gaze at a woman, even his wife, - with whom he is familiar, how much
more so other women
while reciting the Shema.
If even a handbreadth of her body is uncovered, he should not recite the Shema facing her. - Berachot 24a relates:
Rav Yitzchak says: A tefach (handbreadth) of a woman is ervah (nakedness).
With regard to what? With regard to gazing at it. Behold, Rav Sheshet says that anyone who stares even at the little finger of a woman is like one staring at her most private parts. Rather, it refers to his wife and to Kri'at Shema.
With regard to what? With regard to gazing at it. Behold, Rav Sheshet says that anyone who stares even at the little finger of a woman is like one staring at her most private parts. Rather, it refers to his wife and to Kri'at Shema.
Rashi interprets this to mean that a man may not recite the Shema next to his wife if a handbreadth of
her body is uncovered. Rabbenu Asher explains that this refers to any part of
his wife's body that is usually covered and clothed.
Berachot also mentions
a woman's hair and her voice as ervah.
The Lechem
Mishneh interprets this
passage to mean that since these restrictions were established with respect to one's
wife, any part of the body of a woman other than his wife would be problematic.
Thus, the Shema should not be recited in her presence.
The Shulchan
Aruch, Orach Chayim 75:1 does
not distinguish between a man's wife and another woman and forbids the recitation
of the Shema if a handbreadth of their bodies which
is usually covered is uncovered. However, the Ramah mentions the position that
even less than a handbreadth of the body of a woman other than one's wife is
considered as "nakedness."
Commentary Halacha 17
Just as one may not recite the Shema in the presence of another's
nakedness, so, too, is he forbidden to do so when he himself is naked. -This is
based on the concept that one's heart should not see his nakedness. This same
principle is expressed in Chapter 2, Halachah 7.
Therefore, one may not recite the Shema when he is naked until he
covers his nakedness. - For a
man, this means covering his genitalia.
If his loins are covered with cloth, leather or sack, even
though the rest of his body is exposed, - Though
some of these portions of the body are normally covered, they are not
considered as "nakedness." Hence...
he may recite the Shema,
as long as his heel does not touch his genitalia. - I.e., when he is sitting with his feet
tucked under himself.
Berachot 25b reports a
disagreement as to whether a heel may "see" or touch ערוה, and rules
that though the heel may see ערוה, it cannot touch it. The rationale for this
distinction is that the Torah was not given to angels. Rashi explains that this
implies that we cannot be expected to maintain such a formidable level of care,
because we were created with physical nakedness against our wills.
Rabbenu Asher and Rabbenu Yonah suggest that no part of the body
may touch one's genitalia during Kri'at Shema, and that the heel is given only
as an example. The Shulchan
Aruch, Orach Chayim 74:5
accepts this position.
If he is lying under his sheet but is otherwise naked, he should
make a separation - between his
heart and his genitalia
by placing his sheet below his heart, and [then] recite the Shema. He should not,
however, make a separation from his neck [downward] and recite, because his
heart will see his nakedness, and it is as if he is reciting without any loin
covering. - Berachot 24b relates:
One who is lying under his sheet and is unable to stick out his
head because of the cold should separate himself by placing his sheet under his
neck, and recite [the Shema];
there are those that say on his heart.
The Rambam and the vast majority of Rishonim follow the second position, because
the first opinion does not take into account the rule “One's heart shall not
see his nakedness.” If one is sleeping with no clothes on, he may separate the
top half of his body from the lower half.
Commentary Halacha 18
When two people are lying under one sheet, - without clothing
each is forbidden to recite the Shema even if he has covered himself
under his heart - and thus, his
heart does not see his own nakedness.
unless the sheet also separates between them in a manner that
prevents their bodies from touching - Berachot 24a records a difference of opinion
between Rav Yosef and Shmuel. Both agree (as the Rambam states later in this
halachah) that when sleeping in the same bed with his wife, one need only turn
his face away from her in order to recite the Shema.
However, Shmuel is of the opinion that this same halachah applies even if he
were sleeping with a person other than his wife, while Rav Yosef feels that
this dispensation is only granted in regard to one's wife.
Rashi explains the latter opinion as follows: Since a person is
accustomed to being with his wife, lying with her will not prevent him from
having proper intention while reciting the Shema.
In contrast, when he lies with a person other than his wife, he must separate
his body from that person's, lest the touching of their bodies distract him.
It is interesting to note that there is a clear dispute between
the great rabbis of Spain and North Africa (Rabbenu Yitzchak Alfasi, the Rambam
and their disciples) and the great rabbis of Germany and France (Tosafot,
Rabbenu Asher, and their disciples) concerning this halachah.
The Rabbis of France rule that even when sleeping in the same
bed as one's wife one must make a separation with the sheet before reciting the Shema. Rabbi Yitzchak explains
that the halachah is not according to either Shmuel or Rav Yosef and it is
reasonable to be particularly strict based on a beraitotquoted in the Berachot 24a. In contrast, the Rabbis of Spain
follow the Rambam's view.
Generally, in such instances, the Shulchan Aruch will rule in accordance with the
Rabbis of Spain, and the Ramah with the Rabbis of France. In this instance, theShulchan
Aruch, Orach Chayim 73:2,
after quoting both positions, suggests that it is fitting to follow the ruling
of the Rabbis of France.
from the loins downward. - in
contrast, bodily contact above this point would not induce sexual thoughts.
The Mishnah
Berurah (Orach Chayim 73:2)
points out, regarding this halachah, that were one to separate himself from
another with the sheet, he need not also turn his head away.
If he is sleeping with his wife, children or other young members
of his household, - See the
following Halachah for a definition of this term.
their bodies are like his own and he is not affected by them - i.e., he is familiar with them and
sexual thoughts are not likely to be aroused.
Therefore, even though his body is touching theirs he may turn
away his face, - The Magen Avraham 73:1 requires a person to turn away
his whole body so that only the back of his body is touching them, lest he be
bothered by sexual thoughts if the front of his body touches them.
separate below his heart - so
that his heart will not see his own nakedness
and recite [the Shema].
Commentary Halacha 19
Until when is one considered a child concerning this matter? - Berachot 24a asks this question and offers
three opinions, the first two quoted in the name of Rav Chisda. The first
opinion is that a girl is considered a child until 3 years and one day, and a
boy until 9 years and one day. Rashi explains that these are the ages at which
their sexual activity is considered significant. The second position quoted in
the name of Rav Chisda is....
A boy, until 12 years and one day; a girl, until 11 years and
one day. -Rashi explains that these are the ages when puberty begins, and from
this time onward, the youths become physically attractive. However, this
opinion does not place any conditions on that age. The Rambam continues and
makes that age conditional...
[When they reach that age, they are only excluded when] their
physical characteristics are like those of adults - This represents the third position in
the Talmud, which states that this matter in not dependent on age at all, but
rather on physical maturity. Thus, the Rambam seems to develop his halachic
ruling based on a combination of the latter two positions in the Talmud.
i.e., developed breasts and pubic hair. - Based on Ezekiel 16:7, Niddah 6:1 mentions these as signs of a
woman's physical maturity. See also Hilchot
Ishut, Chapter 2.
From this time onwards, he may not recite the Shema unless he has first separated himself
from them with the sheet - as mentioned in the first clause of the previous
halachah.
However, if they have not yet developed breasts or pubic hair,
he may still recite [the Shema while lying] in physical
contact with them, and need not separate from them - as mentioned in the second clause of
the previous halachah.
until the boy is 13 years and one day, and the girl 12 years and
one day. - At this point they are
considered adults, even if they do not have the physical characteristics of
adulthood. Rabbenu Asher quotes and supports the position of the Rambam.
Chapter Four
Halacha 1
Women, slaves and children are exempt from Kri'at Shema. We should teach
children to recite it at the proper time with the blessings before and after
it, in order to educate them regarding the commandments.
One who is preoccupied and in an anxious state regarding a
religious duty is exempt from all commandments, including Kri'at Shema. Therefore, a
bridegroom whose bride is a virgin is exempt from Kri'at Shema until he has consummated the marriage,
because he is distracted lest he not find her a virgin.
However, if he delays until Saturday night after the wedding and
does not have relations with her, he is obligated to recite the Shema from that time onward, since his mind
has settled and he is familiar with her even though they have not consummated
the marriage.
Halacha 2
However, one who marries a woman who is not a virgin is
obligated to recite theShema, because even though he, too, is involved
in the performance of a mitzvah, it is not so distracting. The same principle
applies to similar cases.
Halacha 3
One who is bereaved of a relative for whom he is obligated to
mourn is exempt from Kri'at
Shema until he has buried
him, because his attention is distracted from reciting [the Shema].
A person who is watching a body is also exempt, even if it is
not the body of a relative. When there are two watchers, one should continue
watching while the other withdraws and recites the Shema. [When the latter]
returns, the other should depart and recite [the Shema].
A gravedigger is also exempt from Kri'at Shema.
Halacha 4
A body should not be taken out for burial close to the time for
reciting theShema, unless the deceased was a great man.
If they do begin to remove the deceased and the time for
reciting the Shemaarrives
while they are accompanying the body, anyone required to [carry] the coffin -
e.g., the bearers of the coffins and their replacements and those who, in turn,
relieve the replacements - whether they are before the coffin or after it, are
exempt [from Kri'at Shema].
The rest of those accompanying the body who are not required to
[carry] the coffin are obligated [to recite the Shema].
125. Should they be involved in eulogies when the time for Kri'at Shema arrives, if they are in the presence of the deceased they should withdraw singly and recite, and then return to the eulogy.
125. Should they be involved in eulogies when the time for Kri'at Shema arrives, if they are in the presence of the deceased they should withdraw singly and recite, and then return to the eulogy.
If the deceased is not present, all the people should recite the Shema except the mourner, who remains
silent, because he is not obligated to recite theShema until he buries his relative.
Halacha 6
After the burial, the mourners return to receive condolences and
the people follow them from the gravesite to the place where they form a line
to receive condolences. If the people are able to start and finish even one
verse [of Kri'at Shema]
before they arrive at the line, they should do so. If not, they should not
start until they have consoled the mourners.
After they have taken their leave they should commence reciting.
Those standing in the inner line - i.e., they can see the faces of the mourners
- are exempt from Kri'at Shema.
Those at the outside, since they cannot see the mourner, are obligated to
recite the Shema where they are.
Halacha 7
Anyone who has an exemption from Kri'at Shema, but nevertheless
desires to be strict with himself and recite, may do so. This is conditional
upon the fact that his mind is not distracted. However, if this exempted person
is in a confused state, he is not permitted to recite [the Shema] until he composes
himself.
Halacha 8
All those ritually impure are obligated to read the Shema and recite the blessings before and
after it in their impure state. This applies even when it is possible for them
to purify themselves that day - e.g., one who has touched [the carcass of] a שרץ
(crawling animal), a menstrual woman, a זבה, or the couch on which these people
have laid, and the like.
Ezra and his colleagues decreed that a man who had a seminal
emission was forbidden to read the words of the Torah. Thus, they separated him
from the other ritually impure until he immersed himself in a mikveh. This ordinance was not
universally accepted among the Jewish people. Most were unable to observe it
and it was therefore negated.
The Jewish people accepted the custom of reading the Torah and
reciting theShema even
after a seminal emission, because the words of Torah cannot contract ritual
impurity. Rather, they stand in their state of purity forever, as [Jeremiah
23:29] states: "Are not my words like fire, declares the
Lord." Just as fire is incapable of becoming ritually impure, so, too, the
words of Torah are never defiled.
Commentary Halacha 1
Women - Berachot 20b relates:
A woman's exemption from Kri'at
Shema is obvious. It is a
time-oriented commandment [i.e., the Shema must be recited at specific times and
is thus classified as "time-oriented" (see Chapter 1, Halachot 9 to
13)], and women are exempt from all such commandments.
What might I have thought? That since [Kri'at Shema] contains the acceptance of the sovereignty of Heaven [even women would be called upon to recite it.
It [i.e., the Mishnah] teaches that this is not so and that women are indeed exempt from Kri'at Shema.
What might I have thought? That since [Kri'at Shema] contains the acceptance of the sovereignty of Heaven [even women would be called upon to recite it.
It [i.e., the Mishnah] teaches that this is not so and that women are indeed exempt from Kri'at Shema.
In terms of actual halachic ruling, the Shulchan Aruch, Orach Chayim 70:1 rules that although women have no
obligation, even rabbinic, to recite the Shema,
it is proper that they do so in order to accept upon themselves the yoke of the
sovereignty of Heaven.
Women are also exempt from the blessings before Kri'at Shema, but are obligated
to recite the blessings after it, because there is a mention of the Exodus from
Egypt, which women are also obligated to remember and mention (Magen Avraham 70:1).
The Aruch
Hashulchan (Orach Chayim 70:1) also mentions that women may
recite all the blessings of Kri'at
Shema and adds that the women
of his area (Russia in the late nineteenth and early twentieth century) were
accustomed to do so, and that they should be blessed for their meritorious
actions.
The responsa, Yabia
Omer (2:6), states that women
of Sephardic origin are not accustomed to recite the blessings. However, Kaf HaChayim rules that they may.
slaves - This refers to Canaanite slaves who have been sold to a
Jewish owner and are obligated by all the commandments that women are obligated
to perform. A halachic comparison between the two is found in Chaggigah 4a andKiddushin 23a.
The Jerusalem Talmud quotes a separate source for the exemption
of slaves: "Hear O Israel, God our Lord, God is One" (Deuteronomy
6:4). He who has no master other than the Almighty [is obligated to
recite the Shema], thus
exempting the slave, who has another master.
Chaggigah 4a also
derives the halachah in a similar fashion, albeit from a different verse.
and children - I.e.,
boys under the age of 13 years and one day. They are minors and exempt from all
the Torah's commandments.
We should teach children to recite it at the proper time - The latter point represents a
difference in opinion between Rashi and the Rambam. The Mishnah, Berachot 20a, states that children are free
from the obligation to recite the Shema.
Rashi states that they are entirely free of obligation even according to
Rabbinic law because their parents may not be available at the specific times
at which the Shema must be recited.
The Rambam and Rabbenu Tam differ and maintain that the mishnah
is only referring to the obligations according to Torah law, but according to
Rabbinic decree they are obligated. The Shulchan
Aruch, Orach Chayim 70:2
rules in accordance with the Rambam and Rabbenu Tam.
with the blessings before and after it, in order to educate them
regarding commandments - - According
to Rashi (Berachot 48a)
and the Ramban (Milchamot Hashem, Berachot 20b), there is no obligation incumbent
on the child himself. Rather, the child's father is obligated to educate him.
If he has no father, the obligation falls on his mother and on the local
Rabbinic court (Terumat Hadeshen 99).
Tosafot (Berachot 48a) differs and explains that the
Sages placed the obligation on the minor himself. Support for this premise can
be derived from the Rambam's decision in Hilchot
Berachot 5:15-16, which
states that an adult who ate a small meal can fulfill his obligation to recite
grace by listening to a child reciting those blessings (for both are obligated
by virtue of Rabbinic decree). Though others object on the grounds that the
child himself is not obligated in the mitzvah, the Rambam states that such a
practice is acceptable.
One who is preoccupied and in an anxious state regarding a
religious duty - Berachot 16b differentiates between a
bridegroom, who is exempt because of his involvement in a mitzvah, and one
whose ship is sinking in the sea. Though the latter individual is also anxious,
he is obligated to recite theShema, because his preoccupation is not
with regard to a commandment.
is exempt from all commandments - This is based on the principle - העוסק
במצוה פטור מן המצוה - One who is involved in one commandment is exempt from
another (Sukkah 25a, Sotah 44b).
including Kri'at Shema. - I.e.,
even though it contains an acceptance of the yoke of the sovereignty of Heaven,
he is still exempt.
The phrase, Deuteronomy
6:7, ובשבתך בביתך (and while you are sitting in your house) implies
that the obligation is only incumbent on someone who is involved in his own
personal affairs - "your house." Thus, it excludes one who is
involved in the performance of a mitzvah (Berachot 11a and 16a).
Therefore, a bridegroom whose bride is a virgin is exempt from
Kri'at Shema until he has consummated the marriage - The Mishnah, Berachot16a, explains the derivation
of the bridegroom's exemption. The phrase ובלכתך בדרך - "and as you go in
your way" implies that the obligation to recite theShema only applies to someone going on
"your way," i.e., involved in his own personal affairs and not
preoccupied with the fulfillment of a mitzvah as is a bridegroom. [In his
commentary on that Mishnah, the Rambam mentions that the bridegroom is involved
in the mitzvah of being fruitful and multiplying.]
Rashi explains that this concept could not be derived from the
phrase בשבתך בביתך - "and while you are sitting in your house"
because if there were only one verse, one would have thought that only one who
is actually involved in the performance of a commandment is exempted. Thus, an
additional phrase is necessary to exempt a bridegroom, who though not
immediately involved in the performance of the mitzvah is in an anxious state,
because of the possible problems inherent in the overall situation.
because he is distracted lest he not find her a virgin. - as explained above. Rabbenu Manoach
writes in the name of the Ra'avad that the bridegroom is exempt from Kri'at Shema only if he is able to have relations
with his wife. However, if she is menstruating or sick, he is obligated to
recite theShema.
Rabbenu Manoach also discusses the different views regarding the
bridegroom's obligation to recite the Shema during the day if he does not engage
in relations the first night. He concludes that he should be obligated since
"the Jews are a holy people and the bridegroom will be able to divert his
thoughts from his wife and concentrate on reciting the Shema."
And if he delays until Saturday night after the wedding - This is dependent on the Talmudic
custom (Ketubot 2a), which
relates that virgins would marry on Wednesday night.
and does not have relations with her, he is obligated to recite
the Shema from that time onward, since - he has waited this long, we can assume
that...
his mind has settled and he is familiar with her even though
they have not consummated the marriage. - I.e.,
he is no longer nervous and distracted and can be expected to recite the Shema with the proper intention. In his
commentary on the Mishnah, the Rambam mentions that by this time, his
all-consuming desire to consummate the marriage has passed.
In this instance, the actual halachah does not reflect the
Rambam's position. The Shulchan
Aruch, Orach Chayim 70:3,
mentions that bridegrooms were originally exempt from Kri'at Shema the first three days (i.e., days and
nights) after the wedding. However, today, because of the general lack of
intention that everyone has regarding Kri'at
Shema, even the bridegroom is obligated to recite the Shema.
The Mishnah
Berurah (70:14) adds that a
bridegroom who does not recite theShema appears haughty, because his actions
appear to imply that he usually has a high level of intentions. The bridegroom
is also obligated to recite the blessings before and after Kri'at Shema and to pray as usual (Magen
Avraham; Mishnah Berurah). These positions are based on Tosafot in Berachot 17b.
Commentary Halacha 2
However, one who marries a woman who is not a virgin is
obligated to recite the Shema, - on
his wedding night
because even though he, too, is involved in the performance of a
mitzvah, - the mitzvah of
procreation
it is not so distracting. - for
there is no question of the woman's virginity.
The same principle applies to similar cases.
Commentary Halacha 3
One who is bereaved of a relative for whom he is obligated to
mourn -Leviticus 21:2-3
mentions the six relatives for whom a person is obligated to mourn: a father, a
mother, a son, a daughter, a brother, a sister. The Rabbis also added the
obligation to mourn for one's wife or husband. See Hilchot Eivel2:1.
is exempt from Kri'at Shema - and
all the other mitzvot of the Torah (Hilchot Eivel 4:6).
until he has buried him - The
Mishnah, Berachot 17b, states that one who has his dead
one "lying in front of him" is exempt from Kri'at Shema. The Talmud (ibid. 18a) explains that any relative
waiting to be buried is considered to be "lying in front of him."
This is derived from Abraham's characterization of Sarah as being in front of
him (Genesis
23:4), even though her body was not physically present.
. 18a) explains that any relative
waiting to be buried is considered to be "lying in front of him."
This is derived from Abraham's characterization of Sarah as being in front of
him (Genesis
23:4), even though her body was not physically present.
because his attention is distracted from reciting [the Shema]. - I.e., even if he is not necessarily
involved in dealing with the arrangements for the burial or the burial itself,
he is exempt, because his mind is distracted (Kessef Mishneh).
The Jerusalem Talmud (Berachot 3:1) derives this halachah from Deuteronomy 16:3: "to remember the day
you left Egypt all the days of your life." This implies "days that
you are involved with the living and not days in which you are involved with
the dead." Since the obligation to remember the Exodus (an integral part
of Kri'at Shema - see Chapter 1, Halachot 2 and 3)
does not apply on those days when one is involved in
dealing with the burial of one's loved ones, one is also exempted from reciting
the Shema.
on those days when one is involved in
dealing with the burial of one's loved ones, one is also exempted from reciting
the Shema.
Sukkah 25a explains
that the exemption of a mourner cannot be derived from that of a bridegroom
mentioned in Halachah 1. A bridegroom's lack of concentration stems from his
involvement with a mitzvah. In contrast, the mourner's inability to concentrate
is a personal matter. Rashi elaborates: Though mourning is a mitzvah, the pain
associated with mourning is not.
The Jerusalem Talmud notes that a mourner should not voluntarily
recite theShema. It is a sign of disrespect to the departed for their
relatives to recite theShema before
they have been buried.
A person who is watching the body - I.e., guarding the body from an animal
or other damage. (See Berachot 18a.)
is also exempt, even if it is not the body of a relative - Since a person involved in one
commandment is exempt from another. (See the commentary on Halachah 1.)
When there are two watchers, one should continue watching while
the other withdraws and recites the Shema. [When the latter] returns, the other
should depart and recite [the Shema]. - As
opposed to the actual mourners, the guards are obligated to recite the Shema if they are able to. Their exemption
is not based on their distracted condition, but on their involvement in the
commandment. Therefore, if another is able to guard the body for a few moments,
the guard must recite the Shema.
However, if there is no one to relieve the guard, he is not allowed to recite
the Shema (Mishnah Berurah on the Shulchan Aruch, Orach Chayim 71:3).
The watchers must remove themselves in order not to recite the Shema within 6 feet of the dead person. (See
Chapter 3, Halachah 2 and commentary.)
A gravedigger is also exempt from Kri'at Shema. - See Berachot 14b. His exemption is also based on
the principle that one involved in a commandment is exempt from another. The Mishnah Berurah (Orach Chayim 71:5) points out that even while he is
resting for a few moments, the gravedigger is still exempt, because his resting
is also part of the mitzvah, since by resting he gains strength to continue his
task.
Commentary Halacha 4
A body should not be taken out for burial close to the time for
reciting the Shema - Rashi, Berachot 19a, explains that doing so will
prevent many people from reciting the Shema.
unless the deceased was a great man. - Berachot, ibid., questions the above statement,
noting that when Rav Yosef died he was taken out for burial close to the time
of Kri'at Shema. The
Talmud answers that a great man is different - i.e., for a man of Rav Yosef's
stature, even Kri'at Shema is postponed in order to honor his
greatness.
Neither Rav Yitzchak Alfasi or Rabbenu Asher mentions this
passage, indicating that they do not feel that it is halachically relevant. The Tur (Orach Chayim 72) mentions the Rambam's view, but
adds that his father, Rabbenu Asher, did not differentiate between important
and normal people.
The Beit Yosef explains that, at present, there is no
person of a stature that we would not delay his burial in order to recite the Shema at its proper time. Therefore, the
halachah is not in force. The Shulchan
Aruch also omits reference to
it.
The Magen
Avraham mentions that the
prohibition against burying someone close to the time of Kri'at Shema relates only to Kri'at Shema in the morning. However, in the early
evening, one should first bury the body and then recite theShema, or
recite the Shema early enough to allow the burial to
take place before nightfall so that the person will be buried as close to the
day of his death as possible.
If they do begin to remove the deceased and the time for
reciting the Shema arrives while they are accompanying the body, - to the burial
anyone required to [carry] the coffin - e.g., the bearers of the
coffin and their replacements and those who, in turn, relieve the replacements,
whether they are before the coffin - I.e.,
they have yet to carry it
or after it - I.e.,
they have already carried it. It is customary for several people to carry the
coffin, in order to involve themselves in the mitzvah.
are exempt [from Kri'at Shema] - The Mishnah, Berachot 17b, states:
The bearers of the coffin, their replacements and those who in
turn will relieve the replacements, the ones before the coffin and the ones
after the coffin - the ones who are before it and are required to [carry] the
coffin are exempt. Those who are after it, even if they are required to [carry]
the coffin, are obligated [to recite the Shema]."
This certainly seems to differentiate between those before and
after the coffin, and indicates clearly that those who have already carried the
coffin are indeed obligated to recite the Shema,
unlike the halachah written by the Rambam.
Rashi explains that those who have already carried the coffin
are obligated to recite the Shema,
even though they may be needed to carry it again, because they have already
fulfilled their obligation.
There is, however, another version of the Mishnah. See Tosafot in Berachot17b
and most printed versions of the Mishnah (Rabbinic edition, Kahati, Mossad
Harav Kook edition of the Rambam's commentary on the Mishnah). It states:
The bearers of the coffin and their replacements and those who
in turn will relieve the replacements, the ones before the coffin and the ones
after the coffin - the ones who are required to [carry] the coffin - are
exempt. And those who are not required to [carry] the coffin are obligated to
recite the Shema."
The Mishnah in this form can serve as the source for the
Rambam's halachah. The "are exempt" term in the halachah refers back
to all the cases written before it, including "the ones after the
coffin."
The difference in the original Hebrew versions of the Mishnah is
simply one word. Rashi's version:
ואת שלאחר המטה את שלפני המטה צורך בהם פטורים
the Rambam's version:
ואת שלאחר המטה שלמטה צורך בהם פטורים.
ואת שלאחר המטה את שלפני המטה צורך בהם פטורים
the Rambam's version:
ואת שלאחר המטה שלמטה צורך בהם פטורים.
The rest of those accompanying the body who are not required to
[carry] the coffin are obligated [to recite the Shema], - because, as stated in the Mishnah:
"And those who are not required to [carry] the coffin are obligated to
recite the Shema."
The people are accompanying the body simply as a token of honor for the dead
person, but are not occupied in the performance of a mitzvah such that they
would be exempt from Kri'at
Shema. The Shulchan Aruch,
Orach Chayim 72:1 and Yoreh De'ah 358:1 quote the Rambam's position.
Commentary Halacha 5
Should they be involved in eulogies when the time for Kri'at
Shema arrives - See Berachot 19a.
if they are in the presence of the deceased they should withdraw
- in order not to recite the Shema in his presence (See Halachah 3)
singly and recite, - but
not all at once, because this is lacking in respect for the deceased.
and then return to the eulogy.
If the deceased is not present, all the people should recite the
Shema -I.e., there is then no problem of embarrassing the dead by performing
commandments.
except the mourner, who remains silent, because he is not
obligated to recite the Shema until he buries his relative. - This halachah also underscores the
fact that the exception for mourners is not conditional on their involvement in
the care for the deceased. In our case, the deceased is not present and the
mourner is sitting silent, and yet he is still not obligated because of his
distracted state (see Halachah 3).
Commentary Halacha 6
After the burial, when the mourners return to receive
condolences and the people follow them from the gravesite to the place where
they form a line to receive condolences. - The
people form a שורה - a line (or lines) around the mourners. Afterwards, they
offer their condolences one by one, as they pass before the mourners (Hilchot
Aivel 13:1,2). Others
interpret the שורה as two lines facing each other. The mourners then walk
between these two lines, and as they pass, the people offer their condolences.
The people are generally accustomed to say: May God comfort you
among the other mourners of Zion and Jerusalem.
If the people are able to start and finish even one verse [of
Kri'at Shema] before they arrive at the line, - directly before the mourners
they should do so. If not, they should not start - the recitation of theShema.
The above is conditional upon there being enough time afterwards
to recite theShema. However, if the third hour is passing, the Shema should be recited immediately (Kessef
Mishneh). The Ramah quotes this halachah in Shulchan Aruch, Orach Chayim 72:4. The Magen Avraham explains that one is allowed to recite
the Shema before comforting the mourners,
because he has not yet begun performing the mitzvah of comforting them.
until they have consoled the mourners. After they have taken
their leave, they should commence reciting. - Rabbenu
Yonah explains that not only the burial of the dead, but also the consoling of
the mourners is part of the commandment of גמילות חסדים (acts of
lovingkindness). In his commentary onMishnah Pe'ah 1:1, the Rambam divides acts of
lovingkindness into two categories: a) those one does with his money, such as
charity,
b) those one does with his body - e.g., comforting mourners and accompanying the dead to burial.
b) those one does with his body - e.g., comforting mourners and accompanying the dead to burial.
Rabbenu Yonah states explicitly that this is a Torah
commandment. The Rambam, however, is of the opinion that burying the dead,
comforting the mourners, and all acts of lovingkindness are Rabbinic
commandments. InHilchot Eivel 14:1,
he writes:
It is a positive commandment of Rabbinic origin to visit the
sick, comfort those mourning, take out the dead, bring in the bride, accompany
guests [from your house] and to involve oneself in those things necessary for
burial - i.e., to carry [the coffin] on his shoulders, to walk before him, to
eulogize him, to dig [the grave] and to bury him.
The Rambam's classification of these commandments as of Rabbinic
origin creates a problem for us. How are we to understand the halachot we have
just learned?
The Rambam has taught us that those involved in the burial of
the dead and the comforting of the mourners are exempt from reciting the Shema, based on the principle
that those involved in the performance of one commandment are exempt from
another. According to Rabbenu Yonah, who understands גמילות חסד (acts of
lovingkindness) to be Torah commandments, this is easily comprehended. However,
according to the Rambam, how can involvement in a Rabbinic commandment exempt
one from the fulfillment of a Torah obligation, especially one as central as Kri'at Shema?
The answer to this question depends on the continuation of Hilchot Eivel, ibid.:
.:
Even though all these commandments are of Rabbinic origin, they
are included [in the command] ואהבת לרעך כמוך (Love your fellow as yourself, Leviticus
19:18). All those things that you would want others to do for you in
the realm of Torah and commandments, you should do for your colleague.
Thus, the Rabbinic commandments regarding acts of lovingkindness
are the specific ways established by the sages to express the Torah commandment
of "Love your fellow as yourself." Accordingly, although these
commandments are Rabbinic in origin, since their ultimate source is found in a
Torah commandment, the rule that "one performing one commandment is exempt
from another" applies to them as well.
Those standing in the inner line - i.e., they can see the faces
of the mourners - are exempt from Kri'at Shema. Those at the outside, since
they cannot see the mourner, are obligated to recite the Shema where they are.
- This is in accordance with the beraita quoted in Berachot 19b. The Ra'avad understands, however,
that the words "inner line" in the beraita refer to the inner circle - i.e., the
family of the mourners. It is the Rambam's position which is most widely
accepted.
Commentary Halacha 7
Anyone who has an exemption from Kri'at Shema but nevertheless
desires to be strict with himself and recite, may do so. - The Mishnah (Berachot 16b) records a difference of opinion
whether a bridegroom may recite the Shema on the first night or not.
Rabban Shimon ben Gamliel states: "Not everyone who wants
to take the name may take it," (i.e., not everyone may pronounce God's
name whenever he pleases). The Sages differ and allow the Shema's recitation.
This is conditional upon the fact that his mind is not
distracted. - The Sages maintain that
a person has the potential to compose himself to the extent that he can recite
the Shema with proper intention. Rabban Shimon
ben Gamliel maintains that this is not possible for most people. Indeed,
a person who does so is considered tobe acting haughtily, implying that he has
the power to concentrate when most people cannot.
,
a person who does so is considered tobe acting haughtily, implying that he has
the power to concentrate when most people cannot.
However, if this exempted person is in a confused state, he is
not permitted to recite [the Shema] until he composes himself. - If he cannot compose himself, even the
Sages agree that the Shema should not be recited.
The Rambam follows the majority position of the Sages. Rabbenu
Asher accepts the opinion of Rabban Shimon ben Gamliel. However, Tosafot (ibid. 17b) explains that at present, our
level of concentration has changed and all bridegrooms should recite the Shema. Any bridegroom who does
not recite theShema would
be acting haughtily by intimating that usually he has a very high level of
concentration. The Shulchan
Aruch, Orach Chayim 70:3
acceptsTosafot's position.
(See also the commentary on Halachah 2.)
. 17b) explains that at present, our
level of concentration has changed and all bridegrooms should recite the Shema. Any bridegroom who does
not recite theShema would
be acting haughtily by intimating that usually he has a very high level of
concentration. The Shulchan
Aruch, Orach Chayim 70:3
acceptsTosafot's position.
(See also the commentary on Halachah 2.)
As mentioned above, a mourner should not recite the Shema for it is disrespectful to the
deceased to imply that one could still concentrate on theShema despite their passing.
Commentary Halacha 8
All those ritually impure are obligated to read the Shema and
recite the blessings before and after it in their impure state. - The Mishnah (Berachot 26a) mentions a difference of opinion
concerning this issue and the Rambam accepts the more lenient view.
This applies even when it is possible for them to purify
themselves - by immersing in the
mikveh
that day - before
the time for the Shema passes. It is not necessary to make
that effort and the person may recite the Shema in an impure state.
e.g., one who has touched [the carcass of a] a sheretz (crawling animal), - Leviticus
11:39 deems such a
person as ritually impure.
a menstrual woman - Leviticus
15:19 states that not only
a menstrual women, but anyone or anything she touches contracts ritual
impurity.
a זבה - The term
refers to a woman with a venereal disease similar to syphliss or gonorrhea. Leviticus
15:25 equates the
ritual impurity of such a woman with that of a menstrual woman.
or the couch on which these people have laid, - See Leviticus
15:10 which explains
that even that which is sat upon by someone impure, may not be touched.
and the like. - e.g.,
one who touches either a man with discharges or someone who contracts ritual
impurity by contact with a corpse.
Ezra and his colleagues decreed that a man who had a seminal
emission - Leviticus
15:16 deems such a
person as ritually impure. However, as above, that would not effect his ability
to read the Shema.
was forbidden to read the words of the Torah. - This decree was one of 10 decrees
issued by Ezra's court (Bava Kama 82a.).
Berachot 22a explains
that the decree mentioned in our halachah was designed to restrain somewhat the
physical relationships of the Torah scholars with their wives.
Thus, they separated him from the other ritually impure - who were not prevented from reading
the Shema.
until he immersed himself in a mikveh. - Berachot 22a relates that since this was only a
Rabbinic decree, certain leniencies could be observed regarding this immersion.
This ordinance was not universally accepted among the Jewish
people. Most were unable to observe it - See
also Hilchot Tefillah 4:4-6 and commentary.
It must be emphasized that though there is no need to immerse
oneself in a mikveh, it is necessary to wash for it is forbidden to recite
words of Torah with any traces of semen on his body. See Ramah, Orach Chayim 76:4.
and it was therefore negated. - i.e., because of the inability of the
Jewish people to maintain this very high level of purity, the decree was never
really accepted as law.
This explanation is significant. The Mishnah (Eduyot 1:5) teaches us that a court does not
have the jurisdiction to override the ruling of another court unless it is
greater in wisdom and number - i.e., unless the scholars are of a greater
stature and more numerous. There was no later court with the stature of Ezra's,
and, therefore, no one had the authority to abolish Ezra's ruling (Kessef
Mishneh).
The Jewish people accepted the custom of reading the Torah - Berachot22a relates that one of
Rabbi Yehudah ben Beteira's students was mumbling his words. When asked by
Rabbi Yehudah to explain his behavior, he stated that he not been able to
immerse himself after having a seminal emission. Rabbi Yehudah told him to
speak up without embarrassment for the words of Torah cannot contract ritual
impurity.
and reciting the Shema even after a seminal emission, because
the words of Torah cannot contract ritual impurity. - I.e., even one in a state of ritual
impurity may involve himself in Torah study and prayer, because the Torah is
unaffected by his impurity (Berachot, ibid.).
.).
The Kessef
Mishneh differentiates
between physical filth, which renders the recitation of the Shema impossible (as we learned in Chapter
3), and ritual impurity, which does not affect it.
Our awareness of the presence of physical filth produces a
subjective response to its somewhat disgusting nature. This response, in turn,
has ramifications regarding the honor of the Torah studied in such a place.
Ritual impurity is, however, a wholly metaphysical reality, and that particular
reality has no ability to affect the Torah.
Rather, they stand in their state of purity forever, as [Jeremiah
23:29] states: "Are not my words like fire, declares the
Lord." - Thus, the
differentiation made above has its basis, not on human logic, but on Divine
decree. Deuteronomy
23:13 teaches:
"And your camp shall be holy," forbidding the recitation of the Shema in the presence of physical filth. In
contrast, the verse from Jeremiah quoted above clearly implies the inability of
ritual impurity to exert its influence over the words of Torah (Kessef
Mishneh).
Just as fire is incapable of becoming ritually impure, so, too,
the words of Torah are never defiled. - This
decision alludes to a fundamental concept regarding the nature of Torah study.
On one hand, we see Torah study as being associated with the student, as
obvious from the law, Hilchot
Talmud Torah 5:11, that
allows a Torah scholar to forgo the honor due him. Although that honor is not
being paid to him personally, but to the Torah
knowledge he possesses, that Torah is considered his to the extent that he can
forego the honor. Nevertheless, even while Torah is associated with the person
studying it, its essential Godly nature remains intact to the extent that it
cannot contract ritual impurity.
to him personally, but to the Torah
knowledge he possesses, that Torah is considered his to the extent that he can
forego the honor. Nevertheless, even while Torah is associated with the person
studying it, its essential Godly nature remains intact to the extent that it
cannot contract ritual impurity.
Chapter One
HILCHOT TEFILLAH U'VIRKAT COHANIM
The Laws of Prayer and the Priestly Blessing
The Laws of Prayer and the Priestly Blessing
[This text describes] two positive commandments:
a) Serving God daily with prayer;
b) For the priests to bless the Jewish People each day.
The elucidation of these two commandments is contained in the following chapters:
a) Serving God daily with prayer;
b) For the priests to bless the Jewish People each day.
The elucidation of these two commandments is contained in the following chapters:
Halacha 1
It is a positive Torah commandment to pray every day, as [Exodus 23:25]
states: "You shall serve God, your Lord." Tradition teaches us that
this service is prayer, as [Deuteronomy 11:13] states: "And serve Him
with all your heart" and our Sages said: Which is the service of the
heart? This is prayer.
The number of prayers is not prescribed in the Torah, nor does
it prescribe a specific formula for prayer. Also, according to Torah law, there
are no fixed times for prayers.
Halacha 2
Therefore, women and slaves are obligated to pray, since it is
not a time-oriented commandment.
Rather, this commandment obligates each person to offer
supplication and prayer every day and utter praises of the Holy One, blessed be
He; then petition for all his needs with requests and supplications; and
finally, give praise and thanks to God for the goodness that He has bestowed
upon him; each one according to his own ability.
Halacha 3
A person who was eloquent would offer many prayers and requests.
[Conversely,] a person who was inarticulate would speak as well as he could and
whenever he desired.
Similarly, the number of prayers was dependent on each person's
ability. Some would pray once daily; others, several times.
Everyone would pray facing the Holy Temple, wherever he might
be. This was the ongoing practice from [the time of] Moshe Rabbenu until Ezra.
Halacha 4
When Israel was exiled in the time of the wicked Nebuchadnezzar,
they became interspersed in Persia and Greece and other nations. Children were
born to them in these foreign countries and those children's language was confused.
The speech of each and every one was a concoction of many
tongues. No one was able to express himself coherently in any one language, but
rather in a mixture [of languages], as [Nehemiah
13:24] states: "And their children spoke half in Ashdodit and
did not know how to speak the Jewish language. Rather, [they would speak]
according to the language of various other peoples."
Consequently, when someone would pray, he would be limited in
his ability to request his needs or to praise the Holy One, blessed be He, in
Hebrew, unless other languages were mixed in with it. When Ezra and his court
saw this, they established eighteen blessings in sequence.
The first three [blessings] are praises of God and the last
three are thanksgiving. The intermediate [blessings] contain requests for all
those things that serve as general categories for the desires of each and every
person and the needs of the whole community.
Thus, the prayers could be set in the mouths of everyone. They
could learn them quickly and the prayers of those unable to express themselves
would be as complete as the prayers of the most eloquent. It was because of
this matter that they established all the blessings and prayers so that they
would be ordered in the mouths of all Israel, so that each blessing would be
set in the mouth of each person unable to express himself.
Halacha 5
They also decreed that the number of prayers correspond to the
number of sacrifices - i.e., two prayers every day, corresponding to the two
daily sacrifices. On any day that an additional sacrifice [was offered], they
instituted a third prayer, corresponding to the additional offering.
The prayer that corresponds to the daily morning sacrifice is
called the Shacharit Prayer. The prayer that corresponds to the daily sacrifice
offered in the afternoon is called the Minchah Prayer and the prayer corresponding to
the additional offerings is called the Musaf Prayer.
Halacha 6
They also instituted a prayer to be recited at night, since the
limbs of the daily afternoon offering could be burnt the whole night, as [Leviticus 6:2]
states: "The burnt offering [shall remain on the altar hearth all night
until morning]." In this vein, [Psalms 55:18] states: "In the evening,
morning and afternoon I will speak and cry aloud, and He will hear my
voice."
The Evening Prayer is not obligatory, as are the Morning and Minchah Prayers. Nevertheless, the Jewish
people, in all the places that they have settled, are accustomed to recite the
Evening Prayer and have accepted it upon themselves as an obligatory prayer.
Halacha 7
Similarly, they instituted a prayer after the Minchah Prayer [to be recited] close to sunset
on fast days only, its purpose being to increase supplication and pleading
because of the fast.
This is called the Ne'ilah prayer, as if to say that the gates of
Heaven are closed behind the sun, which becomes hidden, since it is recited
only close to [the time of] sunset.
Halacha 8
Thus, three prayers are recited daily: the Evening Prayer, the
Morning Prayer, and the Minchah Prayer. There are four on Sabbaths,
festivals and Rosh Chodesh: the three that are recited daily and the Musaf Prayer. On Yom Kippur, there are five:
these four and the Ne'ilah prayer.
Halacha 9
The number of these prayers may not be diminished, but may be
increased. If a person wants to pray all day long, he may.
Any prayer that one adds is considered as a freewill offering.
Therefore, one must add a new idea consistent with that blessing in each of the
middle blessings. [However], making an addition of a new concept even in only
one blessing is sufficient in order to make known that this is a voluntary
prayer and not obligatory.
In the first three [blessings] and the last three [blessings],
one must never add, detract or change anything at all.
Halacha 10
The community should not recite a voluntary prayer, since the
community does not bring a freewill offering. Even an individual should not
recite the MusafPrayer
twice, once as the obligation of the day and the other as a voluntary prayer,
because the additional offering is never a freewill offering.
One of the Geonim taught that it is forbidden to recite
a voluntary prayer on Sabbaths or holidays, since freewill offerings were not
sacrificed on these days, but only the obligatory offerings of the day.
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Hayom Yom:
• Thursday, Shevat 29, 5774 · 30 January 2014
"Today's Day"
Thursday Sh'vat 29 5703
Torah lessons: Chumash:
Mishpatim, Chamishi with Rashi.
Tehillim: 140-144.
Tanya: This union is (p. 109)...as explained elsewhere. (p.
109).
The Alter Rebbe once said:
Rashi's commentary on Chumash is the "wine of Torah."
It opens the heart and uncovers one's essence-love1 and essence-fear (of G-d).
Rashi's commentary on Talmud opens the mind and uncovers the
essence-intellect.2
FOOTNOTES
1. See Supplementary
Footnotes in the printed version.
2. Rashi's genius lay (in
part) in his ability to express the essence of the Talmudic concept briefly,
succinctly, and in terms lucid to the beginning student, yet providing
illumination to the seasoned scholar. Rashi engages the core of intellect of
the student, the pre-verbal cognition that may develop into depth and breadth
of comprehension
-------
Daily Thought:
Gravity
No one has ever seen, touched or measured a particle or a wave
of gravity. Furthermore, the very notion of gravity is mystifying: masses light
years apart with nothing between them, affecting each other’s movements!
Yet we all accept there must be a cause behind the phenomena we
observe, so we call this elusive force “gravity.”
So too, there is a cause behind existence. That Cause may be
even more elusive, but the reality of its existence is at least as inescapable
and empirically evident.
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