diff --git "a/json/Halakhah/Mishneh Torah/Sefer Ahavah/Mishneh Torah, Reading the Shema/English/merged.json" "b/json/Halakhah/Mishneh Torah/Sefer Ahavah/Mishneh Torah, Reading the Shema/English/merged.json" new file mode 100644--- /dev/null +++ "b/json/Halakhah/Mishneh Torah/Sefer Ahavah/Mishneh Torah, Reading the Shema/English/merged.json" @@ -0,0 +1,89 @@ +{ + "title": "Mishneh Torah, Reading the Shema", + "language": "en", + "versionTitle": "merged", + "versionSource": "https://www.sefaria.org/Mishneh_Torah,_Reading_the_Shema", + "text": [ + [ + "We [are obligated to] recite the Shema twice daily - in the evening and in the morning1as [Deuteronomy 6:7] states: \"...when you lie down and when you rise\" - In Sefer HaMitzvot (Positive Commandment 10), the Rambam mentions the beginning of this verse, ודברת בם... (And you shall speak of them...) as the source for the mitzvah of Kri'at Shema.
Nevertheless, his statements in this halachah do not necessarily represent a change of mind. Here, the Rambam is not interested in the actual source for the mitzvah itself (which is the case in Sefer HaMitzvot), but in stating our obligation to recite the Shema twice daily, once at night and once in the daytime. This is derived from the end of the verse, as mentioned by the Rambam.2The obligation to recite the Shema at night is mentioned first both in the Mishnah,Berachot 1:1 and here in the Mishneh Torah, following the pattern mentioned in the verse quoted above: \"...when you lie down and when you rise.\"
Berachot 3a understands this order as parallel to the creation of the world itself which began: ויהי ערב ויהי בקר (And then there was night and there was day..., Genesis 1:5 . (See also the Rambam's commentary on the Mishnah, Berachot 1:1.)
i.e., when people are accustomed to sleep - this being the night - and when people are accustomed to rise - this being daytime. - The Mishnah (Berachot 10b) records a disagreement between the school of Shammai and the school of Hillel regarding the laws derived from the verse: \"... and when you lie down and when you rise.\"
Both agree that the Shema is recited twice daily, once at night and once in the morning. However, based on the above verse, Beit Shammai obligates one to recline while reciting Kri'at Shema at night, and to stand while reciting it in the morning. Beit Hillel holds that the verse simply establishes the general times at which the Shema is recited, as stated by the Rambam in this halachah; i.e., at the time that people sleep and at the time that they are accustomed to wake up. - as [Deuteronomy 6:7] states: \"...when you lie down and when you rise\" - i.e., when people are accustomed to sleep - this being the night - and when people are accustomed to rise, this being daytime.", + "And what is it that one recites?1There are various opinions as to what constitutes the positive commandment of Kri'at Shema. Sefer HaChinuch (Commandment 419) states clearly that the Torah obligates us to read only the first verse of the Shema - i.e., Shema Yisrael. The reading of the rest of the three sections was instituted by the Sages.
Rabbenu Yonah understands that the whole first section constitutes the Torah obligation. (See Beit Yosef, Orach Chayim 63 at the end.) There is also an opinion that the obligation to recite the first two sections originates in the Torah. (See Shulchan Aruch HaRav, Orach Chayim 58.) However, in practice, everyone ultimately agrees that one must recite all three sections mentioned by the Rambam in this halachah (Berachot 13a). These three sections:
\"Hear O Israel...\" (Deuteronomy 6:4-9),
\"And if you will listen...\" (Deuteronomy 11:13-21),and
\"And God said...\" (Numbers2For, as explained, each of these paragraphs contains fundamental concepts central to the Jewish faith.
Note Sefer HaChinuch (Commandment 420) who quotes the Rambam, not to explain the order of Kri'at Shema, but rather to clarify why the Sages included these three sections in the Shema.
we begin with the section of \"Hear O Israel...\" - Berachot 13a, 14b, offers two different explanations regarding the order of Kri'at Shema. The Rambam, however, does not quote either explicitly, but rather seems to suggest his own reason.
The Kessef Mishneh holds that the Rambam's explanation of the order of the first two sections, \"Hear O Israel\" and \"And if you will listen,\" is in fact consistent with the Mishnah in Berachot 13a. Regarding the last section, the Rambam desired to supply us with both the reason for its inclusion and its placement after the second section (even though the third section precedes it in the Torah itself). 15:37-41).
We begin with the section of \"Hear O Israel\" since it contains [the concept of] the unity of God,3The statement \"God is our Lord, God is one\" implies not only that there is only one God, but all creation is one with Him. See Shulchan Aruch, Orach Chayim 61:6. [the commandment of] loving Him4\"And you shall love God, your Lord, with all your heart, with all your soul and with all your strength\" (Deuteronomy 6:5). and the study of Torah,5\"... and you shall teach your children and speak of them\" (Deuteronomy 6:7).
It must be noted that in Hilchot Talmud Torah, the Rambam quotes Deuteronomy 11:19 (a verse in the second section of the Shema), as the source for the mitzvah of Torah study. it being a fundamental principle upon which everything is based.6This refers to the concept of the unity of God. (See Hilchot Yesodei HaTorah 1:6.)
After it, [we read] \"And if you will listen...,\" since it contains the imperative to fulfill the rest of the commandments,7\"And if you will listen to all my commandments...\" (Deuteronomy 11:13 . This section also contains the commandment of loving God (verse 13) and the study of Torah (verse 19). It is, however, the mention of \"all the commandments\" which distinguishes this section as separate and unique from the first section.
and finally the portion of tzitzit, since it also contains the imperative of remembering all the commandments - \"And you shall see them (tzitzit - the fringes on the corners of four-cornered garments) and remember all the commandments of God and do them\" (Numbers 15:39).
Rashi, in his commentary on the above verse, explains how tzitzit serve as a reminder of all the Torah's commandments. The numerical value of the Hebrew word ציצית is 600 (צ = 90 י = 10 צ = 90 י = 10 ת = 400) There are also eight strings and five knots. Therefore, by looking at the tzitzit, one is reminded of the 613 divine commandments. and finally the portion of tzitzit, since it also contains the imperative of remembering all the commandments.", + "The commandment of tzitzit is not obligatory at night.1Numbers 15:39 states: \"And you shall see them...\" - implying that tzitzit must only be worn when they can be seen, i.e., daytime. Accordingly, there is no obligation to wear tzitzit at night. See Hilchot Tzitzit 3:7-8. Nevertheless, we recite [the section describing] it at night because it contains mention of the exodus from Egypt.2\"I am God, your Lord, who took you out of the land of Egypt to be your Lord, I am God, your Lord\" (Numbers 15:41 .
The Kessef Mishneh explains that the mention of the exodus can itself be understood as the reason for the inclusion of this section in Kri'at Shema. The Rambam, however, mentions tzitzit as the basis for the presence of this section in Kri'at Shema (see Halachah 2), since it is the tzitzit that cause us to remember all the commandments.
We are commanded to mention the exodus both during the day and at night3See Berachot 12b.
It is interesting to note that in Sefer HaMitzvot, the Rambam does not count the mentioning of the exodus from Egypt as one of the 613 commandments in the Torah, nor does he mention it elsewhere in the Mishneh Torah.
The Rambam does, however, count the commandment of the telling of the story of the exodus on the fifteenth of Nisan - i.e., Passover night - as one of the mitzvot. See Sefer HaMitzvot (Positive Commandment 157), Sefer HaChinuch (Mitzvah 21), and Hilchot Chametz U'Matzah, Chapters 7 and 8.
According to some opinions, one can differentiate between the two obligations as follows: A person can fulfill his daily obligation with simply a thought about the exodus, whereas on Pesach night the mitzvah can be performed only through the verbal description of the redemption from Egypt. (See Sha'agat Aryeh, 13.)
This would explain the omission of this commandment from Sefer HaMitzvot. A commandment that can be fulfilled with a thought alone and not an explicit statement or action is not \"worthy\" of inclusion in the list of 613 commandments of the Torah. (See the Rambam's explanation of the commandment to remember Amalek: Positive Commandment 189).
The Aruch HaShulchan, however, disagrees with this opinion. In Orach Chayim 67, he states that even the daily obligation requires an explicit statement. Nevertheless, he explains that it was not chosen as one of the 613 commandments because the obligation to remember the exodus twice daily is not stated in the form of a command in the Torah to \"Remember,\" but rather, as a reason for another mitzvah (the mitzvah of matzah): \"In order that you shall remember...\" (Deuteronomy 16:3 . as [Deuteronomy 16:3] states: \"In order that you shall remember the day of your leaving the land of Egypt all the days of your4The word \"all\" includes even the nighttime.
The Zohar (Parshat Vayakhel 216b) explains the mystical significance of mentioning the exodus from Egypt after proclaiming the unity of God. life.\"
Reading these three sections in this order constitutes the recitation of the Shema.5The Jerusalem Talmud (Berachot 1:5) mentions that the sections of Kri'at Shema also contain a reference to each of the 10 utterances of the revelation at Mount Sinai (Exodus 20:1-14), thus representing a complete statement of Jewish spirituality and values.", + "When reciting the Shema, after completing the first verse, one says quietly \"Blessed be the name of the glory of His Kingdom forever.\"1This phrase is recited quietly because it is not part of the section of the Shema as it appears in the Torah, but rather was recited by Jacob in Egypt, as explained later in this halachah.
It is, however, pronounced loudly on Yom Kippur. Pirkei D'rabbi Eliezer explains that the angels praise God with this verse. On Yom Kippur, we are as pure as angels and thus, emulate their practice (Hagahot Maimoniot).
It is preferable to separate clearly between the end of \"Blessed be the name\" - i.e., the words לעולם ועד - forever, and the beginning of the next section, ואהבת (And you shall love...) (Tur, Orach Chayim 61). He then continues to read the first section in its normal fashion: \"And you shall love God, your Lord...\"
Why do we read it in this fashion?2i.e., Why do we include this verse of \"Blessed be the name...,\" since it is not part of the section of the Torah beginning with \"Shema Yisrael...\" It is our tradition that when the patriarch, Jacob, gathered all his sons together in Egypt close to his death,3See Genesis, Chapter 49. he commanded and urged them regarding the Unity of God and the path of God upon which Abraham and Isaac, his father, had tread.4This narrative can be found in Pesachim 56a.
He asked them: \"My sons, perhaps there are dregs among you, one who does not stand with me in the Unity of God?\"5What would cause Jacob to have such a doubt regarding his children? One of the greatest merits of Jacob is that he - unlike Avraham, who fathered Yishmael, and Yitzchak, who had Esau as a son - had only righteous children.
Pesachim (ibid.) explains that Jacob desired to reveal the secret of the end of days to his children, but that this knowledge suddenly left him. He was worried that perhaps his sudden lack of understanding was due to the imperfect state of his children and therefore, felt compelled to ask them about their faith in the One God.
The Rambam omits all these particulars, since they are not relevant to the matter at hand - namely, the source of the custom of saying \"Blessed be the name...\" after \"Shema Yisrael...\" This is comparable to the manner in which Moses, our teacher, said to us: \"Lest there be among you a man or woman [whose heart turns this day from God...]\"6The Rambam adds this in order to teach us the nature of Jacob's doubts. He was not casting aspersions on the behavior of his sons, since he knew that their deeds were righteous. He was, however, worried that perhaps one of them had a mistaken understanding regarding the unity of God. This is in line with the verse the Rambam quotes. Moses is not chastising the Jewish people for their actions, but rather warning them of the possibility that there might be someone with a lack of faith that could lead to blasphemy later (Kessef Mishneh). (Deuteronomy 29:17).
They all answered and said: \"Listen, Israel,7Jacob is also called by that name (Genesis 32:29). God is our Lord, God is One,\" i.e., listen to us, Israel, our father, God is our Lord, God is One.8God is our Lord, God is One,\" i.e., listen to us, Israel, our father, God is our Lord, God is One.
The wise elder responded:9Praising God for the fortune of having righteous children; \"Blessed be the Name of the Glory of His Kingdom forever.\" Therefore, the Jews are accustomed to utter the praise that Israel, the wise elder, uttered after this verse. \"Blessed be the Name of the Glory of His Kingdom forever.\" Therefore, the Jews are accustomed to utter the praise that Israel, the wise elder, uttered after this verse.", + "Blessings are recited before and after Kri'at Shema.1See the Mishnah, Berachot 11a. In the day, one recites two blessings before it and one after it. At night, one recites two blessings before and two blessings after it.2There are a total of seven blessings associated with the reading of the Shema, three in the day and four at night. The Jerusalem Talmud (Berachot 1:5) bases this on the verse \"Seven (times) in the day will I praise you\" (Psalms 119:164).
The Tanya, Chapter 49, discusses the reasons for these blessings at length, noting that, on the surface, they are not related to the Shema at all. That text explains that the basic intent of Kri'at Shema is to attain the love for God as described in the verse, \"And you shall love God, your Lord, with all your heart, with all your soul and with all your strength.\"
To reach such a level, one must first contemplate the greatness of God. Accordingly, in the first blessing, we outline the praises of God uttered by the angels, who are of supreme intelligence and spiritual wisdom. These lofty creatures proclaim God's greatness and abnegate themselves completely to Him, stating that He transcends even their ability to understand.
Then, in the second blessing, we describe God's great love for the Jewish people, as manifested by His giving us His Torah and choosing us as His people.
Having contemplated such ideas, we are prepared to reciprocate God's love for us by proclaiming our love for Him. We recognize His infinite Greatness and Unity, see His Providence in the events of our life, and internalize our intellectual understanding into an emotional outpouring for our Creator.", + "The first blessing preceding [the Shema] in the day [begins: \"Blessed are You, God...], the One who forms the light and creates darkness,...\" The second blessing [begins with]: \"With everlasting love, You have loved us...\"
[The Shema] is followed by [the section beginning] \"True and certain...\"
The1affirming the truth of the statements mentioned in the Shema. first blessing preceding [the Shema] at night [begins: \"Blessed are You, God...], the One who brings the evening,...\" and the second [begins] \"With everlasting love, You have loved Your people Israel.\" The first blessing after [the Shema] is [the section begining] \"True and faithful...\"2These blessings parallel the content of the three blessings recited in the morning. and the second [begins] \"Lay us down...\"3in preparation for going to sleep.", + "The first blessing preceding [the Shema], both in the day and at night, begins \"Blessed [are You, God, our Lord...]\" and concludes \"Blessed [are You, God]...\"1The first blessing in a series of blessings generally possesses a p'tichah, as well as a chatimah. Other examples of this are the first blessing in the silent Amidah prayer and the blessing with which we begin grace after meals. The rest of the blessings all conclude with \"Blessed [are]...,\" but do not begin \"Blessed [are]...\"2A blessing which immediately follows another as part of a series of blessings is not introduced with a p'tichah (Berachot 46a). The paragraphs of \"True and certain\" and \"True and faithful\" are also considered as blessings that follow another blessing, even though the Kri'at Shema itself would seem to constitute an interruption. Therefore, these blessings need not begin with a p'tichah, but simply conclude with the standard chatimah: Blessed are You, God (Rashi, Berachot 36a).
[The Rambam discusses only the concepts of p'tichah and chatimah and omits the second category of blessings mentioned in the Mishnah and Tosefta (i.e., long and short blessings). This seems to indicate that he equated a long blessing with that which has a p'tichah and a chatimah, and a short blessing with one that has only a chatimah (Kessef Mishneh). In fact, in his commentary on the Mishnah (Berachot 11a), the Rambam writes that even a long blessing has a p'tichah and chatimah, and a short one has only one of the above.
In contrast, Rashi (Berachot 11a) holds that the distinction between long and short blessings is a matter of length only, irrespective of p'tichot and chatimot. He defines the blessing of אמת ואמונה - \"True and faithful\" - (the first blessing after Kri'at Shema at night) as a long blessing, and \"Lay us down\" (the last blessing after Kri'at Shema at night) to be a short blessing, even though they both have only a chatimah and no p'tichah.]
These blessings and all the rest of the blessings familiar to the Jewish people were instituted by Ezra, the scribe, and his court.3This is a general statement. In particular, there are some blessings that were not established by Ezra, but rather by the Sages of the Mishnah. See Hilchot Tefillah 2:1 and Hilchot Berachot 2:1. One may not detract from them or add to them.
In every instance that they decreed to conclude with \"Blessed...,\"4e.g., all the blessings of Kri'at Shema, the silent Amidah prayer and grace after meals. (See the introduction to this halachah in order to understand the following laws fully.) one may not omit this conclusion. Where they decreed not to conclude [with \"Blessed...\"], one may not conclude with it.5e.g., blessings for food and preceding the performance of commandments. Where they decreed not to begin6e.g., all blessings that follow another in a series of blessings, such as the silent Amidah or the blessings before Kri'at Shema. with \"Blessed,\" one may not begin with it. Where they decreed to begin [with \"Blessed...\"],7e.g., the first blessings of Kri'at Shema, the silent Amidah prayer and grace after meals. one may not omit it.
The general principle is that anyone who deviates from the set form of blessings established by the Sages is mistaken and must recite the blessing again in its proper form.8This decision is based on the Mishnah (Berachot 11a).
In Hilchot Berachot (1:5-6), the Rambam writes that a person who mentions the central ideas contained in the p'tichah - i.e., the name of God and His sovereignty - even were he to deviate from the set form of the blessing, would fulfill his obligation.
We must understand the present halachah in this context. Only when one deviates from the p'tichah or chatimah of a blessing does the Rambam require the recitation of another blessing. However, a person who maintains the nature of the p'tichah and chatimah, but changes the wording of the rest of the blessing, fulfills his obligation as long as the basic intent of the blessing remains.
Anyone who does not say [the paragraph of] \"True and certain...\" in the morning prayer or [the paragraph of] \"True and faithful...\" in the evening prayer9Berachot 12a derives this from Psalms 92:3: \"To relate Your lovingkindness in the morning and Your faithfulness at night.\" Rashi explains that ויציב אמת, \"True and certain\" (which is recited after Kri'at Shema in the morning) is necessary, since it tells of God's infinite lovingkindness in taking our forefathers out of Egypt and splitting the Red Sea.
אמת ואמונה (True and faithful) (which is recited at night) chronicles our hopes and beliefs regarding our future, that God will fulfill His promise to redeem us from the exile and restore us to a vibrant life of freedom. The Tur (Orach Chayim 66) explains that אמת ואמונה (True and faithful) could also refer to our faith that God will return our soul, which we put in His trust every night, to us. does not fulfill his obligation.10Rav Hai Gaon holds that the blessings of Kri'at Shema are an integral and necessary part of the fulfillment of the commandment. Therefore, he explains Berachot 12a as saying that one who does not say Emet v'yatziv has not fulfilled his obligation of Kri'at Shema and must therefore recite it again. The Rambam appears to accept this opinion.
However, the vast majority of the Rishonim are of the opinion that a person can fulfill his obligation to recite the Shema even if he does not recite the blessings. The above passage, therefore, is to be understood as teaching that one has not performed the mitzvah in its proper fashion if he omits the blessings.
Both the Tur and the Shulchan Aruch (Orach Chayim 66:10) reflect this understanding. They add the word \"properly\" at the end of this halachah: \"One who does not say Emet v'yatziv, etc., does not fulfill his obligation properly. He need not, however, recite the Shema again.”", + "One who recites the second blessing1e.g., Ahavat Olam

before the first - e.g., yotzer or,
Even in such an instance, the second blessing should be recited without a p'tichah, since it usually follows another blessing (Kessef Mishneh). See also Magen Avraham on Orach Chayim 60:3. before the first, whether in the day or at night, or whether the transposed blessings are recited before or after Kri'at Shema,2i.e., even if he recites all the blessings after reciting the Shema. fulfills his obligation, since there is no absolute order to the blessings.3\"And what does it mean that blessings are not an integral and necessary requirement? This refers to the order of the blessings\" (Berachot 12a).
A person who begins with \"...the One who forms the light...\"4i.e., \"Blessed are You, God, our Lord, King of the universe, who forms the light and creates the darkness (חושך וצר אור ובורא), this being the proper p'tichah for the first blessing before Kri'at Shema in the morning. and concludes with \"...the One who brings the evenings\"5i.e., Blessed are You O God, who brings the evenings (המעריב ערבים), this being the proper chatimah for the first blessing at night. in the morning prayer does not fulfill his obligation.6As explained later in this halachah, all the blessings are ultimately defined by their chatimah. In this case, the chatimah is that of the evening blessings and is therefore inappropriate here.
Were he to begin with \"...the One who brings the evenings\"7i.e., \"Blessed are You O God, our Lord, King of the universe, who, through His word, makes evenings fall (אשר בדברו מעריב ערבים),\" this being the proper p'tichah for the first blessing at night. and conclude with \"...the One who forms the light\",8the conclusion of which is \"Blessed are You O God, who forms the lights (יוצר המאורות),\" this being the proper chatimah for the first blessing in the morning he would fulfill his obligation.9since the chatimah is proper. Were he to begin with \"...the One who brings the evenings\"10i.e., \"Blessed are You O God, our Lord, King of the Universe, who through His word, makes evenings fall (אשר בדברו מעריב ערבים) ,\" this being the p'tichah for the first blessing at night ...and conclude with \"...the One who forms the light\"11i.e., \"Blessed are You O God, the One who forms the lights (יוצר המאורות),\" this being the proper chatimah for the first blessing in the day. in the evening, he would not fulfill his obligtation.12since the chatimah is inappropriate.
If he begins with \"...the One who forms light\"13i.e., \"Blessed are You O God, our Lord, King of the Universe, who forms light and creates darkness (יוצר אור ובורא חושך),\" this being the p'tichah for the first blessing in the day. and concludes with \"...the One who brings the evenings\"14i.e., \"Blessed are You O God, the One who brings the evenings המעריב ערבים,\" this being the chatimah for the first blessing at night. - he fulfills his obligation since all blessings are defined by their conclusions.15i.e., by their chatimot. This entire halachah is based on Berachot 12a. That passage discusses whether the p'tichah or chatimah is the ultimate defining feature of a blessing and reaches this conclusion.
The Shulchan Aruch, Orach Chayim 59:2 explains that though the chatimah is the primary determining factor, the text of the blessing must also be appropriate.
Thus, were one to recite the whole paragraph of \"... The One who brings the evenings\" and then say \"Blessed are You O God, who forms the lights,\" he would not fulfill his obligation regarding the first blessing of Kri'at Shema in the morning, even though he recited the proper chatimah.", + "When is the [proper] time for the recitation of Shema at night? The commandment [starts] from the time of the appearance of the stars1The Mishnah (Berachot 2a) states that the time for the recitation of the Shema begins at the hour when a priest who has become ritually impure may immerse in a mikveh and resume eating terumah. The Talmud explains that this is the time when the stars appear.
Tosafot (Berachot 2a) holds that the Shema may be recited earlier, during the last hour before sunset. This is based on the understanding that Rabbi Yehudah, who disagrees with the majority opinion regarding the proper time for the afternoon prayer, also disagrees about the proper time for the evening prayer and Kri'at Shema contained therein. (See Tur, Orach Chayim 235.) This will be discussed at length in Hilchot Tefilah 3:6.
There are several different positions regarding the precise definition of צאת הכוכבים (the appearance of the stars). It generally refers to the appearance of three medium-sized stars. The Shulchan Aruch, Orach Chayim 235:1 requires the sighting of three small stars before reciting Kri'at Shema at night. The Magen Avraham explains that the basic halachah is indeed that three medium sized stars constitute the time of צאת הכוכבים, but that the Shulchan Aruch obligated one to wait for smaller stars in order to diminish the possibility of error regarding the recitation of Kri'at Shema at night.
There are three basic positions regarding the actual time of צאת הכוכבים (the appearance of the stars). Shabbat 34b determines that it refers to the time that it takes one to walk 3/4 of a mil after sunset.
The other two positions are found in Pesachim 94a: one defines צאת הכוכבים as the amount of time needed to walk four mil after sunset, and the other, as the time necessary to walk five mil.
There are two different methods of determining the time it takes to walk a mil. The Rambam, Commentary to the mishnah, Pesachim 3:2, maintains that it takes 24 minutes to walk a mil. However, the most widely held opinion - and the opinion accepted regarding halachah l'ma'aseh - is that the measure of time is 18 minutes.
Therefore, according to Shabbat 34b, the appearance of the stars is 13 1/2 (3/4 x 18) minutes after sunset. Both the Vilna Gaon and the Shulchan Aruch HaRav maintain that צאת הכוכבים is determined in this fashion. Thus, the proper local time may be calculated by extrapolation based on the amount of light visible 13 1/2 minutes after sunset in Eretz Yisrael on the day of the Equinox. Generally, people wait up to 36 minutes after sunset in order to be certain.
According to Pesachim 94a, the appearance of the stars will be either 72 (4 x 18) minutes or 90 (5 x 18) minutes after sunset. Rabbenu Tam strongly suggests adhering to the position that צאת הכוכבים takes place 72 minutes after sunset. Though some authorities support the 90-minute position, Rabbi Moshe Feinstein (Iggerot Moshe, Orach Chayim, Vol. 1, Siman 24), mentions only the position of the Vilna Gaon and the Shulchan Aruch HaRav, on the one hand, and Rabbenu Tam on the other. [and continues] until midnight.2There are three positions recorded in the Mishnah in Berachot 2a regarding the time until which one may recite the Shema at night.
Rabbi Eliezer says until the end of the first of the three watches of the Temple - i.e., one third of the night, which is until approximately 9:30 pm. The Sages say until midnight, and Rabban Gamliel says until dawn. The Mishnah then explains that the Sages' opinion is, in effect, that one may recite the Shema until dawn, but that they mentioned midnight as a preferred time in order to distance people from transgression. This is the source of this halachah in the Rambam.
The Rosh and the Tur (Orach Chayim 235) hold that the halachah follows Rabban Gamliel's position, and that a priori (לכתחילה), a person may read the Shema at night until dawn. The Rambam sees the Sages' position as halachically valid, and therefore one may rely on Rabban Gamliel only after the fact (בדיעבד). The Shulchan Aruch, Orach Chayim 235:3 quotes the Rambam's position. (See also Mishnah Berurah 235:34-35.)
A person who transgresses and delays - the Rabbinic decree that the Shema should be read before midnight.
A person who transgresses and delays fulfills his obligation if he recites [the Shema] before dawn.3In his commentary on the Mishnah (Berachot 1:1), the Rambam defines dawn (עלות השחר) as the light that radiates from the east before sunrise.
There are three major positions regarding this time. All are based on Pesachim 94a which defines the time from dawn until sunrise as that in which a person can walk either 4 mil (according to one opinion) or 5 mil (according to the other).
As mentioned above, there are two opinions regarding the measure of time it takes to walk a mil: 18 minutes or 24 minutes. Thus, Rav Shneur Zalman of Liadi defines dawn as 120 (5 x 24) minutes before sunrise. The most widely held view is that it is 90 (5 x 18) minutes before sunrise, while the Beit Yosef holds that dawn is 72 (4 x 18) minutes before sunrise. This is the opinion of the Rambam, as stated in his commentary on the Mishnah (Berachot 1:1.) [The Sages established the limit] of midnight only in order to distance us from negligent wrongdoing.4Berachot 1:1 lists other instances where the Sages established similar guidelines, e.g., partaking of sacrificial meat, burning sacrificial limbs.", + "One who reads the Shema [of the night] after dawn, [but] before sunrise,1the last possible time that could be defined as night does not fulfill his obligation unless he was unavoidably detained2e.g., drunk or sick, or in a similar situation. -
Rabbi Shimon bar Yochai said in the name of Rabbi Akiva: \"Sometimes a person can recite the Shema twice in the day, once before sunrise and once after sunrise, and fulfill his obligation - once for the day and once for the night.\"Rabbi Yehoshua ben Levi says: \"The law follows [the statement of] Rabbi Shimon in the name of Rabbi Akiva.\" Rav Zeira says: \"This is so, provided that he does not say [the paragraph of] \"Lay us down\" (Berachot 8b-9a).
The Talmud explains that Rabbi Shimon's statement only applies when a person is unavoidably detained. The evening Shema must be recited \"when you lie down.\" The Torah left the definition of that term to the Rabbis. The latter maintained that a person who intentionally delays the recitation of the Shema cannot recite it after dawn. However, they were more lenient in regard to a person who was unavoidably detained and gave him until sunrise. - e.g., drunk or sick, or in a similar situation. A person who was so detained and reads [the Shema] at this time does not recite [the blessing of] \"Lay us down.\"3for this is not a time when a person lays himself down to sleep. Nevertheless, one does recite the other blessings related to Kri'at Shema at night (two before and one after it).", + "When is the proper time [for the recitation of the Shema] during the day? The commandment is that one should start to read before sunrise1The Mishnah, (Berachot 9b) records a disagreement regarding the time of Kri'at Shema in the morning.
An anonymous position sees the earliest possible time as when one can distinguish between techelet (blue-green) and white. Rabbi Eliezer says: Between green and blue-green - i.e., later - and that the time lasts until sunrise. Rabbi Yehoshua says that one may recite the Shema \"until three hours.\"
The Talmud then adds various other opinions and quotes Abaye as saying that the Shema should be recited כותיקין - i.e., one should finish reciting the Shema as the sun rises, in order to start the silent Amidah with the sunrise.
The Rambam clearly prefers this position and establishes 6 minutes as a reasonable amount of time to recite the Shema and the blessing after it, in order to start the Amidah at the proper time. The Magen Avraham (Orach Chaim 58:1) explains that all opinions agree that the commandment to recite Shema in the morning begins at dawn. The only disagreement revolves around the optimum time to recite Kri'at Shema. The Vilna Gaon differs and explains that the Rambam holds that Abaye's position states the actual time of the beginning of the commandment itself and that it may be recited earlier only in extraordinary circumstances. in order to conclude and recite the last blessing with the sunrise.2i.e., אמת ויציב (True and certain...), which concludes: Blessed are You O God, who redeemed Israel. This measure [of time] is one-tenth of an hour before the sun rises.3This is based on the verse in Psalms 72:5, \"May they fear You with the sun\" - i.e., may they show their fear for You with the Amidah as the sun rises (Berachot 9b). The Talmud promises that anyone who recites the Shema and the Amidah at this time is guaranteed a place in the World to Come.
A person who delays and reads the Shema after the sun rises fulfills his obligation, for the proper time is until the end of the third hour of the day4These do not refer to normal 60-minute hours, but are based on a different calculation. These hours are שעות זמניות - \"seasonal hours,\" i.e., 1/12 of the duration of the daylight hours. The day and night are each divided into 12 equal parts, and each \"hour\" is 1/12 of that time.
For example, if there were 18 hours of daylight and 6 hours of darkness on a given day, each \"hour\" of the day would be 18/12 hours (or 90 minutes), and each \"hour\" of the night would be 6/12 hour (or 30 minutes).
There is a disagreement regarding how to calculate the durations of daylight and nighttime. The Magen Avraham holds that daylight is divided into 12 equal parts from dawn until the appearance of the stars. The Shulchan Aruch HaRav and the Vilna Gaon hold that daylight is determined from sunrise to sunset.
Therefore, the end of the third hour according to the Magen Avraham is earlier than that of the Shulchan Aruch HaRav and the Vilna Gaon, and even though each \"hour\" is longer, it is calculated from dawn, which is at least 72 minutes before sunrise. (See the commentary on Halachah 9.) for one who transgresses and delays.5The use of the term \"transgresses\" (מי שעבר) is most striking in this context. We must say that the Rambam understands Rabbi Yehoshua's position as secondary and that, at the outset, one should recite the Shema 6 minutes before sunrise. Indeed, in his responsa, he writes that it it is preferable to read the Shema without a minyan before sunrise, than to wait until after sunrise to recite it together with a minyan.
The majority of Rishonim (see Rabbenu Asher on Berachot 9b and Beit Yosef, Orach Chayim 58) disagree with the Rambam and understand that although reciting Kriat Shema just prior to sunrise is the most desirable method of fulfilling one's obligation (מצוה מן המובחר), the actual commandment is from before sunrise (i.e., the time at which one can recognize his friend 6 feet away) to the end of the third hour. (See Shulchan Aruch, Orach Chayim 58:1 and the definition there regarding the proper time for the commandment.)", + "One who is overhasty and recites the Shema of the morning prayers after dawn, even though he finishes before sunrise, fulfills his obligation.1This implies that this is not most desirable. Rather, prefarably, the Shema should be read immediately before sunrise, and any other time is clearly considered second best. In extraordinary circumstances2e.g., one who rises early in order to travel - and a delay would cause him aggravation and prevent him from concentrating on his prayers
Rabbenu Manoach cites other examples when leniency is granted, among them a day when there is a burial or a bris, or Hoshanah Rabbah, when the prayer service is extended. - e.g., one who rises early in order to travel - one may recite it at the outset from dawn.3i.e., generally, reciting the Shema at dawn is undesirable, but in this instance, the Sages considered this as the most preferable option.", + "One who recited [the Shema] after [the end of] the third hour, even if he was unavoidably detained, does not fulfill his obligation to recite the Shema at its proper time.1The morning Shema must be recited \"when you rise\" (Deuteronomy 6:7 . The latest time of rising is understood as the end of the third hour, the time that royalty rises (Berachot 9b). Even if a particular individual rises afterwards, he is considered as an exception and no leniency is granted.
The Kessef Mishneh questions why Kri'at Shema may be read in the daytime until only the end of the third hour.Just as the obligation to recite the Shema at night lasts the entire night because the entire night is a time of lying down, so too, the Shema of the daytime should be recited all day, since the entire day is a time of being up.
The Taz (58:6) distinguishes between the nighttime, all of which is indeed a time of lying down, and the daytime. There are many acts that one does during the day - e.g., walking, sitting and eating - while rising is generally done at the beginning of the day. He can be compared to one who studies Torah.2The Shema is also a passage in Torah. Furthermore, by reading the Shema, one accepts the yoke of heaven. Nevertheless, the reward received by a person who reads the Shema at the proper time is greater (Berachot 10b).
When a person reads the Shema at such a time...
He should recite the blessings3mentioned in Halachot 5-7. preceding it and after it all day,4Rabbenu Asher differs and limits the time when the blessings can be recited. He is unsure whether the limit is midday or until the end of the fourth hour, that being the end of the time for the morning prayers. In conclusion, he quotes Rav Hai Gaon who states that one may recite the blessings only until the end of the fourth hour - i.e., one third of the day. Rabbenu Chanan'el is also of this opinion.
Rabbenu Manoach agrees with the Rambam and allows one to recite the blessings during the entire day. The Shulchan Aruch, Orach Chayim 58:6 follows the position of Rav Hai Gaon. even if he delays and recited it after [the end of] the third hour.5Even if one delays the Shema's recitation intentionally, he may recite the blessings." + ], + [ + "One who recites the first verse of Kri'at Shema1i.e., Shema Yisrael... - Berachot 13b mentions several opinions concerning which sections of the Shema require intention. This is dependent on the discussion (See commentary, Halachah 2) regarding the extent of the obligation to read Shema required by the Torah. Rabbi Meir understands intention to be absolutely necessary only for the first verse and this opinion is accepted by the Shulchan Aruch, Orach Chayim 60:5. - i.e., Shema Yisrael... - without intention,2The definition of the term \"intention\" is the subject of much discussion by the Rabbis.
There is a dispute among the Rishonim regarding whether the performance of commandments requires intention, i.e., must a person have in mind that he is performing the required act in fulfillment of God's command or not? The Rambam (See Hilchot Shofar 2:4 and note Hilchot Chametz U'Matzah 6:4, and the commentary of the Moznaim editions of those Halachot) maintains that it is necessary to have such an intention. This opinion is also supported by Rabbenu Yitchak Alfasi and Rabbenu Asher and is accepted as Halachah by the Shulchan Aruch (Orach Chayim 60:4, 598:8). [The dissenting opinions are held by the Rashba and others.]
However, concerning the first verse of Kri'at Shema, an extra level of concentration is required. In addition to the intent to carry out God's command, the Shema must be read in fear and awe, trembling and trepidation. One accepts upon oneself the kingship of Heaven and proclaims the unity of God. It is unthinkable that at such a time, one would not focus his attention on the words he is uttering, but would rather think of mundane matters. (See Shulchan Aruch HaRav 60:5.)
Each day one should imagine that he is reciting Shema Yisrael for the first time, and not as if he had heard it many times before (Shulchan Aruch, Orach Chayim 61:1,2).
Kri'at Shema contains 248 words (245 of the three sections, plus the three extra words of Ado-nai Elo-heichem Emet repeated upon completion of the third section). This corresponds to the 248 positive commandments in the Torah and the 248 limbs of the human body (Midrash Ne'elam; quoted by the Shulchan Aruch, Orach Chayim 61:3.) Thus, the recitation of the Shema, with its affirmation of God's kingship and Unity, imbues the totality of one's being with these fundamental concepts. does not fulfill his obligation.3and must therefore recite the Shema again. [One who recites] the rest without intention fulfills his obligation.4Needless to say, it is not desirable to read the Shema in this manner and, at the outset, one should attempt to read the entire Shema with proper concentration.
Even a person studying Torah in his usual way5i.e., even were he studying these three sections of the Torah. or proofreading these portions6i.e., he was examining these particular sections in a scroll to ensure their correctness. at the time of Kri'at Shema fulfills his obligation provided he concentrates his intention for the first verse.7i.e., he must have the unique level of intention that is required for the first verse, as mentioned above.
The Kessef Mishneh explains that intention of any kind is necessary for only the first verse and, afterwards, one could continue studying or proofreading in a normal fashion, provided he reads the words properly. The Magen Avraham also supports this position (Orach Chayim 60:5).", + "A person may recite [the Shema] as he is,1This is based on Hillel's interpretation of the verse \"...and when you walk on the way\" (Deuteronomy 6:7). (See the commentary on Chapter 1 Halachah 1 for further elucidation.) whether standing, walking, lying down2Berachot 11a expands the mishnah's teachings in this manner. or riding on the back of an animal.3Kiddushin 33b equates riding on the back of an animal with walking. It is forbidden to recite the Shema while lying face down on the ground or flat on one's back with his face pointing upwards.4Rashi (Berachot 13b) explains that these positions are improper because they imply an attitude of haughtiness which is inappropriate at the time one must accept the yoke of Heaven. However, one may recite it lying on his side.5He should be completely on his side, since Berachot (ibid.) also forbids reciting the Shema while turned slightly over onto one's side, unless extraordinary circumstances prevail, as explained by the Rambam in this halachah.
A particularly obese person who cannot turn over onto his side or a sick person should lean slightly to the side and [then] recite it.6Rabbenu Manoach states that it is forbidden for anyone else to read in such a fashion as mentioned above. They should sit upright in a position evoking awe and fear while reciting the Shema.", + "A person who is walking on foot must stop for the first verse.1in order to concentrate his attention.
Berachot 13b mentions two opinions regarding the extent of the Shema one must recite before he may continue on his way:that of Rav Yehudah which requires the first two verses of the Shema to be recited standing;and that of Rabbi Yochanan which requires the entire Shema to be recited in a stationary position.
Rav Yitzchak Alfasi explains that the actual halachah does not follow either of these positions, but rather is in accordance with the view of Rabbi Meir that only the first verse requires absolute intention. (See Halachah 1.)
The Shulchan Aruch, Orach Chayim 63:3 also accepts this decision. He may recite the rest while walking.2for, as stated above, concentrated attention is not an absolute prerequisite for reading these passages. If one is sleeping, we should disturb him by awakening him until he reads the first verse.3Berachot, op. cit., explains that one unavoidably overcome by sleep after having recited the first verse has fulfilled his obligation. The Kessef Mishneh notes that the majority of the Rishonim hold that this is the case on the condition that he nevertheless manages to recite the rest of the Shema, albeit in a drowsy state.
Thus, our halachah mentions the necessity of alertness for the first verse within the context of the halachot of the intention required to read the Shema. In Halachah 12, the Rambam discusses sleepiness within the context of the need for proper enunciation of the words of the Kri'at Shema. That halachah supports the Kessef Mishneh's position that one fulfills one's obligation only if he also recites the rest of the Shema. From that point on, if he is overcome by sleep, we are not obligated to disturb him.4A careful reading of the Rambam’s words leads one to support the position of the Kessef Mishneh just mentioned. After the first verse, the Rambam mentions only that we need not disturb the person, but he does not write that we should not awaken him. This could mean that although we are not obligated to disturb him to such an extent that he is aroused to a state of full alertness, we are obligated to awaken him so that he can finish Kri'at Shema before going back to sleep. (See Shulchan Aruch, Orach Chayim 63:5.)", + "A person who is involved in work must stop while he recites the whole first section.1Rav Yitzchak Alfasi explains that this applies even according to the halachically accepted position of Rabbi Meir, that utmost concentration is necessary for the first verse only. (See the commentary on Halachah 1.)
The obligation to have proper concentration and the necessity that one's recitation of the Shema not appear haphazard are two different halachic requirements. Artisans2employed by others, whose time, therefore, is not their own. Even so they must interrupt their work in order to recite Kri'at Shema.
[Parenthetically, we can derive an important concept regarding business ethics from this halachah. If there is a question whether an artisan can interrupt his work to fulfill his fundamental religious obligations, surely, he must serve his employer faithfully at other times.] must also interrupt their work for the first section, in order that their recitation should not be haphazard.3i.e., a casual matter, regarded lightly. See the commentary to Halachah 8. They may recite the rest while working4This applies both to a person working for himself as well as to a paid artisan. in their normal manner. Even one standing in a tree or on top of a wall may read [the Shema] where he is,5Despite the obvious difficulties this poses regarding his ability to concentrate, the Rambam allows a worker to remain in the tree or on the wall and recite the Shema.
Rabbenu Manoach holds that only the workers may remain in the tree. In contrast, a foreman who is there to encourage his work force, must descend from the tree and recite it on the ground. The Tur and the Shulchan Aruch, Orach Chayim 63:8 both disagree with this and allow both of them to recite it while in the tree. reciting the blessings before and after it.6The obligation to recite the Shema also includes the obligation to recite its blessings (Kessef Mishneh on Halachah 5).", + "A person who is studying Torah when the time to recite the Shema arrives should stop to recite the Shema1Shabbat 9b, 11a states that a person should interrupt his Torah study for Kri'at Shema, but not for the Amidah prayers. This refers even to Sages like Rabbi Shimon bar Yochai who would never interrupt their Torah study except to perform mitzvot which could not be performed by others. The acceptance of the yoke of God's kingship in the Shema is fundamentally necessary even for a person with such an all encompassing commitment to Torah.
Similarly, as stated above, Berachot 10b states that the recitation of the Shema at its proper time is preferable to the study of Torah. with the blessings before and after it.2See the commentary at the end of the previous halachah. One who is involved in community matters should not stop,3The Jerusalem Talmud (Berachot 5:1) equates involvement in community matters to the study of Torah, in terms of granting an exemption from prayer. The Tosefta, (Berachot 1:4) relates:
Rabbi Yehudah says: Once I was following Rabbi Akiva and Rabbi Elazar ben Azariah. The time of Kri'at Shema arrived (but they did not perform the mitzvah). I was under the impression that they felt unable to. They were, however, involved in community matters.
(See also Tosefta Berachot 2:6.) but rather finishes his work4Berachot 11a derives this concept from the verse \"when you walk on your way\" (Deuteronomy 6:7 . This implies that \"on your way,\" i.e., while you are involved in your activities, you must read the Shema. In contrast, if you are involved in matters of communal import, there is no obligation. and reads the Shema if there is still time left.5This implies that even were the time of Kri'at Shema to pass without him reciting the Shema, he need not interrupt his activities (Kessef Mishneh).", + "A person who is eating, is in the bathhouse, is having a haircut, is working with skins1The Mishnah (Shabbat 9b) prohibits one to start eating, have a haircut, work skins, etc., close to the time of the afternoon prayer. However, the Mishnah adds that were one to start doing one of these prohibited actions, he need not stop. The Rambam also applies these principles to Kri'at Shema (Lechem Mishneh). The Ra'avad (based on Sukkah 38a) differs and holds that a person must interrupt his meal in order to read the Shema. or is involved in court,2i.e., if he is one of the judges. should complete [his task] and recite the Shema afterwards. If he fears that the time for its recitation3There is a question whether the Rambam refers to 6 minutes before sunrise, the optimum time to recite the Shema, or the end of the third hour of the day beyond which one does not fulfill the mitzvah (See Chapter 1, Halachah 11-13). According to other authorities, the latter view would be followed. will pass, and, [therefore,] stops to recite it, he has acted in a praiseworthy fashion.4i.e., as long as he is able both to complete what he is doing and to recite the Shema before the end of the proper time for Kri'at Shema, he may complete his task.
There is an apparent difficulty with the Rambam's statements. Halachah 5 states that one must interrupt Torah study in order to recite the Shema, and yet, in this halachah, such mundane matters as eating and haircuts are deemed sufficient reasons to postpone Kri'at Shema.
The Kessef Mishneh explains that the study of Torah is interrupted, since, indeed, the recitation of the Shema need not be understood as an interruption at all. Since Kri'at Shema is in itself a section of the Torah, its reading can be likened to the study of Torah. However, in the case of the mundane activities mentioned in our halachah, Kri'at Shema would involve a complete interruption. Therefore, it is not necessary to stop.", + "A person who immerses in a ritual bath and is able to come up and dress before sunrise, should do so, and [then] recite [the Shema].1This is based on the Mishnah in Berachot 22b. If he is afraid that perhaps the sun will rise2as mentioned in Chapter 1, Halachah 11, the optimum time to recite the Shema in the morning is shortly before sunrise. before he can recite the Shema,3i.e., before he can dress himself and recite the Shema. he should cover himself with the water in which he stands and recite the Shema.4These statements reinforce the explanation given in the commentary to Chapter 1, Halachah 11, that the recitation of the Shema after sunrise is only allowed after the fact (בדעיבד). Here, the Rambam states that it is preferable to read the Shema while naked in the water, then to get out, dress, and recite after that time has passed.
He should not cover himself with putrid water that has an unpleasant odor5Berachot 24b equates one who recites the Shema in a place with an unpleasant odor to one who has profaned the word of God. One who stops reciting in such a place is praised, and Deuteronomy 32:47 says about him \"... in those words, your days will be lengthened\". Chapter 3 deals with many halachot regarding the recitation of the Shema in unclean surroundings. or with water that has been used for soaking flax6In the Hebrew text of the Rambam and in the Mishnah, the term used is מי משרה (water of soaking). This is understood as water used for soaking flax or canvas, which has a bad smell (Rashi, Berachot 25b). or with water so clean that his nakedness is visible.7Chapter 3, Halachot 16 and 17, explain how it is forbidden to read the Shema in the presence of \"nakedness.\" However, he may cover himself with murky water that has no unpleasant odor and recite [the Shema] where he is.8See Berachot 25a.
", + "While reciting the Shema, one should not gesture with his eyes or lips, or point with his fingers,1Yoma 19b distinguishes between the first section of Kri'at Shema and the second in this regard, forbidding these activities only during the recitation of the first section. Indeed, in Halachah 4 which also deals with a \"haphazard\" recitation of the Shema, the Rambam, himself makes such a distinction.
Indeed, the Lechem Mishneh explains that the Rambam relies on his statements in Halachah 4. Rabbenu Manoach explains that the Rambam did not clarify the matter explicitly lest he cheapen the value of the second section in the eyes of his reader. The Kessef Mishneh adds that although making such gestures in the second section is not as \"improper\" as during the first, doing so is, nevertheless, prohibited. in order that his reading not be haphazard.2Rabbi Acha notes ודברת בם (\"and you shall speak of them\") implies making these words a matter of primary importance, and not regarding them as haphazard (Yoma, op. cit.). If one were to do this, although he does fulfill his obligation, he has acted improperly.3Yoma ( op. cit.) refers to Isaiah 43:22: \"And you have not called upon Me, Jacob,\" implying that such a casual reading of the Shema is not considered as calling to God.
The Maharsha explains an added implication of the above verse. Rashi, in his commentary to Genesis 46:29, relates that when Jacob was first reunited with Joseph he made no response because he was reciting the Shema at that time. Surely, one who gestures while reading the Shema has certainly not achieved the level of devotion.
One should recite the Shema so that his words are audible to himself.4This is derived from the word Shema - literally \"hear\" - in the first verse. It implies that one should make audible to himself that which he says (Berachot 15a). [However, even] if he does not do this, he fulfills his obligation.5The entire latter portion of this halachah is based on Berachot 15a:
One who recites the Shema so that the words are not audible to himself has fulfilled his obligation. Rabbi Yosse says that he has not fulfilled his obligation. If he reads, but does not enunciate clearly: Rabbi Yosse says that he has fulfilled his obligation. Rabbi Yehudah says that he has not.
The Talmud concludes (ibid. 15b) that the halachah is in accordance with the lenient position in both cases - i.e., the anonymous opinion in the first case and Rabbi Yosse in the second.
Rav Yitzchak Alfasi adds that this is only after the fact. A priori (לכתחילה), one must read in such a way as to be audible to himself and enunciate the letters clearly. The Rambam follows this view.
Nevertheless, one must at least mouth the words of Kri'at Shema, even if he does not pronounce them loudly enough that they are audible to himself. Thought is not regarded like speech. (See the commentary on Halachah 3.) Therefore, one who does not even move his lips, but just thinks about the words as he \"reads\" them, does not fulfill his obligation (Shulchan Aruch, Orach Chayim 62:3). One must enunciate the letters clearly.6Berachot 15b derives this from the word ולמדתם- \"And you shall teach them.\" It can be divided into two words ולמד תם, implying that your teaching (ולמד) must be תם - perfect. [However, even] if he does not do this, he fulfills his obligation.7Berachot ibid. notes that if a person reads the Shema with proper enunciation, \"Gehinom will be cooled off for him.\"", + "How must one enunciate? He must be careful not to pronounce [a letter with] a strong dagesh as if there were no dagesh,1e.g., were one to say vedivarta vam instead of the proper pronunciation, vedibarta bam (Deuteronomy 6:7). or [a letter with] no dagesh as if there were one.2e.g., בכל לבבך (Deuteronomy 6:5 bekol lebabcha instead of the proper pronunciation, bechol levavcha. Nor should one pronounce the silent sheva3e.g., to say bechol levavecha instead of bechol levavcha. or silence the pronounced sheva.4e.g., to pronounce בכל נפשך (Deuteronomy 6:5 bechol nafshcha instead of bechol nafsh'cha.
Therefore - since one must enunciate every word carefully
Therefore, one must pause between two words in which the first word ends with the same letter with which the second word begins.5lest the two be heard as a single word. For example, when reading בכל לבבך (bechol levavcha) (Deuteronomy 6:5), one should pause slightly between בכל (bechol) and לבבך (levavcha). [One should act] similarly in the cases of ואבדתם מהרה (va'avad'tem meheirah) (Deuteronomy 11:17) and הכנף6Berachot 15b mentions even more cases of problematic words. The Shulchan Aruch, Orach Chayim 61:20 quotes all the examples found in the Talmud. There are other cases in Kri'at Shema where this problem arises, such as veahavta et (Deuteronomy 6:5). In all these cases care must be exercised to separate the words clearly.
It is interesting to note that the Rambam mentions one example from each of the three sections of Kri'at Shema, in order to teach us that enunciation is equally important in all the sections. פתיל (hacanaf p'til) (Numbers 15:38).
One must also pronounce distinctly the zayin of תזכרו (tizkeru) (Numbers7in order that he not say tiscaru - i.e., in order that he not declare: \"you will garner reward.\" This halachah also applies to the zayin in uz'chartem (Numbers 15:36 (Kessef Mishneh). (See also the Shulchan Aruch, Orach Chayim 61:17.) 15:40).
One should sufficiently elongate the dalet in אחד (echad) (Deuteronomy 6:4) in order to proclaim God's sovereignty over the Heaven and the Earth, and all four directions. The chet in אחד (echad, ibid.) should not be8Berachot 13b relates:
Sumkos says: Anyone who lengthens the pronunciation of echad, his days and years are lengthened.Rav Acha bar Ya'akov understands that to refer to the dalet [of Echad]. Rav Ashi says that this is on condition that he not shorten the chet.Rav Yirmiah was sitting before Rav Chiyyah bar Abba and noticed that he severely lengthened [his dalet]. He said to him that once he had proclaimed God, King above and below and to the four directions of the Heavens, he need not continue [to prolong the dalet].
The Maharsha mentions that the chet (numerical value of eight) corresponds to the Earth and the seven levels of Heaven, and the dalet (numerical value of four) corresponds to the four directions. shortened so that the word sounds like איחד (ee-chad).9If one pronounces a long aleph and a short chet, he will say something that sounds like ee-chad (not one) - i.e., he would seem to be proclaiming exactly the opposite of echad. The Shulchan Aruch, Orach Chayim 61 records more halachot regarding the proper way of reciting the Shema.
It must be emphasized that the elongation of the dalet and the chet should not distort the proper pronunciation of the word.", + "A person may recite the Shema in any language he understands.1Berachot 13a records a disagreement between Rabbi Yehudah Hanasi, who holds that the Shema must be read as it is - i.e., in lashon hakodesh - and the Sages, who hold that it may be recited in any language. The latter explain that the word Shema - literally, \"hear,\" - indicates the acceptability of any language that one hears - i.e., understands. One who recites in a foreign language must be as scrupulous in his enunciation as if he were reciting it in the Holy Tongue.2i.e., although a person is allowed to read the Shema in a foreign language, he must still fulfill all the halachic requirements of enunciation, and, therefore, careful translation, as prescribed in Halachah 9 (Kessef Mishneh).
The Ra'avad disagrees with the Rambam and prohibits one from reading the Shema in a foreign language. Since any translation is a commentary, he feels that it is impossible to read with the necessary care. The Shulchan Aruch, Orach Chayim 62:2 quotes the Rambam's opinion as halachah.
Nevertheless, the Mishnah Berurah (62:3) points out that although the halachah is indeed that one may recite the Shema, grace after meals, the silent Amidah, and Kiddush on Shabbat in any language, at present, it is highly preferable to say them all in Hebrew. This is even the case for someone who does not understand Hebrew since a proper translation is very difficult, and the true meaning of the prayers will be lost. He points out that certain words (e.g., totafot) are indeed impossible to translate.", + "One who reads [the Shema] out of order does not fulfill his obligation. This refers to the order of the verses.1The Mishnah (Berachot 15a) states that one who recites the Shema out of order does not fulfill his obligation. The Rambam understands this to refer only to placing verse 2 before verse 1, but not to placing section 2 before section 1, as he states in the continuation of this halacha. However, were one to reverse the order of the sections,2described in Chapter 1, Halachah 2 even though it is not permitted,3for the order established by our Sages should be followed I hold4This expression implies that this is the Rambam's opinion although he has no definite support for it from our Sages' teachings. that he does fulfill his obligation, since these sections are not sequential in the Torah.5i.e., the sections do not appear in the Shema in the same order as they are in the Torah itself.
To recite a verse and then repeat it again is improper. One who reads a word and then repeats it, such as one who recites Shema, Shema, should be silenced.6Berachot 33b distinguishes between one who repeats a whole verse and one who repeats the word Shema, as the Rambam discusses immediately after this.
A person who repeats a verse has acted improperly, but is not silenced. Rashi explains that, although he has acted frivolously and has seemingly scorned the verse, he has not indicated the existence of two rulers with such a reading. In contrast, the repetition of Shema [or Modim (We thank You) - the examples cited explicitly in the Mishnah - appears to indicate that one is paying respect to two kings, 18וóח.
Rabbi Moshe Feinstein points out (Iggerot Moshe, Orach Chayim, Vol. II, Responsa 22) that even in the course of singing prayers, one should not repeat words as cantors are prone to do, even though it does not constitute an interruption per se.", + "If one reads intermittently,1i.e., he recites part of the Shema and then stops, and then continues reciting, and stops again, etc. he fulfills his obligation, even if he pauses between each reading an amount of time sufficient to complete the entire Kri'at Shema.2This halachah is mentioned with regard to the reading of Megillat Esther on Purim in the Mishnah in Megillah 17a. In his commentary on that Mishnah, the Rambam explains that the one who reads intermittently fulfills his obligation even if he pauses long enough to finish the whole Megillah.
Berachot 24b applies that halachah not only to the reading of the Megillah, which is a Rabbinic ordinance, but also to the recitation of the Shema, which is a Torah obligation. See also Hilchot Shofar 3:5.
The Shulchan Aruch, Orach Chayim 65:1 quotes the Rambam's statements as halachah. The Ramah adds, however, that were one to be unavoidably detained during the recitation of the Shema for a period long enough to finish the entire Kri'at Shema, he must recite it again. Such an interruption is considered significant, since even if he had wanted to finish the Shema, he would have been unable to do so.
The Magen Avraham points out that the Ramah's position would apply only in the case that one were unavoidably detained by the need to relieve himself, or that he suddenly found himself in a place unfit for the recitation of Kri'at Shema. (The halachot concerning these laws are discussed in Chapter 3.)
This refers to the one who recites it in order.3as required by the previous halachah. If one recites it while drowsy4i.e., not fully awake, but not fast asleep - he fulfills his obligation - See Berachot 13b. - i.e., not fully awake, but not fast asleep - he fulfills his obligation, as long as he was fully awake while reciting the first verse.5i.e., in order that he recite the first verse with the intense concentration required by Halachah 3.", + "One who is unsure whether or not he recited the Shema,1Berachot 21a records a disagreement between Rabbi Yehudah and Rabbi Elazar. Rabbi Yehudah says that one who is doubtful regarding whether or not he recited the Shema need not read it again, since Kri'at Shema is a Rabbinical ordinance and we follow the rule a doubt in a Rabbinical ordinance leads to a lenient response.
Rabbi Elazar says that he must recite the Shema in such a situation of doubt because Kri'at Shema is a Torah obligation. Therefore, the principle - ספק דאורייתא לחומרא [a doubt regarding a Torah Law leads to a strict response] - should be followed.
Rabbenu Yitzchak Alfasi and Rabbenu Asher also follow Rabbi Elazar's opinion. should recite it with the blessings before and after it.2The Rashba in Responsum 320 explains that although the blessings are of Rabbinic origin and, therefore, we should not require one to say them in a situation of doubt (see above, לקולא ספק דרבנן), the proper recitation of the Shema is inseparable from its blessings. Therefore, since we obligate one in doubt to recite the Shema, this entails the recitation of the Shema in its normal fashion - i.e., with its blessings. (See Kessef Mishneh.) However, if he is sure that he recited the Shema, but is in doubt regarding whether he recited the blessings before and after it, he need not recite the blessings again.3Since he has definitely fulfilled the Torah obligation of Kri'at Shema, we invoke the aforementioned rule of לקולא ספק דרבנן with regard to the blessings, which alone are of Rabbinic origin. (See Hilchot Berachot 8:12.)
A person who made a mistake while reciting [the Shema]4i.e., if one skipped over or mispronounced a word or verse should return to the point of his mistake.5and then continue to read in order, from that verse until the end of Kri'at Shema, in accordance with Halachah 11 in this chapter. See Tosefta, Berachot 2:4. If one becomes confused and forgets which section he has just completed,6i.e., finding himself at a point where it is natural to pause (e.g., between the first section and the second), he becomes confused and forgets exactly what he has finished saying and where he must resume reading. he should return to the first section7i.e., \"And you shall love God, your Lord\" (Deuteronomy 6:5) - Berachot 16a states that when one errs in the middle of a section, he returns to the beginning of the section. Were he to become confused between sections, he returns to the first section.
Rashi explains that returning to the first section means to the pause between the first two sections, i.e., one would begin reading from ViHayah Im Shamoa, the second section in Kri'at Shema. The Tur, Orach Chayim 64 also explains the halachah in this fashion.
The Rambam, however, understands that the Gemara obligates one to return to the beginning of the first section. The Beit Yosef explains that both Rashi and the Rambam agree that one must return to the point of the first pause in Kri'at Shema. The Rambam, however, holds that the first pause one makes while reading the Shema is not between the first two sections. Rather, it is after the recitation of ברוך שם כבוד מלכותו לעולם ועד. This signifies the transition between one's acceptance of the kingship of Heaven and the beginning of the recitation of the Shema.
The Shulchan Aruch, Orach Chayim 61:14 states the halachah that one must pause between ברוך שם and ואהבת. However, its decision regarding the law under discussion (ibid. 64:3) reflects Rashi's position. - i.e., \"And you shall love God, your Lord\" (Deuteronomy 6:5).", + "A person who errs in the middle of a section and is unaware of where he paused,1See the commentary on the previous halachah which discusses this expression. should return to the beginning of that section.2This is so only if he is completely unaware of where he erred. However, were he to be absolutely sure that he recited part of a particular section, he should start reciting again from after that point (Kessef Mishneh).
One who recited וכתבתם (uch'tavtam)3This halachah is found in the continuation of Berachot 16a, quoted above. but does not know whether or not he recited uch'tavtam of [the section of] \"Shema\"4i.e., of the first section, which begins with Shema Yisrael. or of [the section of] והיה אם שמוע (And if you will listen),5i.e., the second section of Kri'at Shema, which begins with these words. should return to uch'tavtam of \"Shema.\"6In their commentary to the Shulchan Aruch, Orach Chayim 64:4, both the Taz and the Magen Avraham explain that this problem does not arise with the word וקשרתם \"And you shall bind,\" which also appears in both of the first two sections of Kri'at Shema.
In the first section, this word is written with a kamatz וקשרתם (And you [singular] shall bind them), whereas in the second section it is written with a segol וקשרתם (And you [plural] shall bind...).\" However, if his doubt arises only after having recited למען ירבו ימיכם (In order that your days be multiplied) (Deuteronomy 11:21), he need not return, because [we assume] he has recited in accordance with the natural pattern of his speech.7i.e., we assume he recited למען in its proper place, at the end of the second section of Shema.", + "[The following rules apply when] one encounters other people or is approached by them while reciting the Shema.1Having discussed in the previous halachot the proper reaction to unintentional interruptions in Kri'at Shema, the Rambam now discusses when one must purposefully interrupt his reading of the Shema in order to greet people or respond to their greetings.
These halachot are based on the Mishnah (Berachot 13a):
\"Between sections, one may initiate greetings out of respect, and respond. In the middle [of a section], one may initiate greetings out of fear, and respond,\" these are the words of Rabbi Meir.Rabbi Yehudah says: \"In the middle [of a section] one may initiate contact out of respect, and respond out of fear. Between sections, one may initiate out of respect and respond to anyone's greeting.\" If he is between sections,2This term is defined in Halachah 17. he should stop and greet those he is obligated to honor3i.e., he may initiate the contact. This follows Rabbi Yehudah's position in the Mishnah quoted above. - e.g., his father,4The Rambam explains the term mipnai hakavod (out of respect) used in the Mishnah as referring to those one is obligated to honor according to Torah Law; i.e., one's parents in response to the command \"Honor your father and your mother\" (Exodus 20:12 ... his teacher5i.e., one who taught him Torah. Hilchot Talmud Torah 5:1 states:
Just as a person is commanded to honor his father and fear him, so too, is he obligated to honor and fear his teacher. Indeed, his teacher deserves more than his father. His father brought him into the life of this world, while his teacher... brings him to the life of the world to come. or anyone greater than he in learning.6Hilchot Talmud Torah 6:1 states:
It is a mitzvah to glorify any Torah Sage even though he is not one's teacher. He may return the greetings of any person who initiates the friendly exchange.
", + "If one is in the middle [of a section], he may stop and initiate an exchange of greetings only with someone of whom he is afraid1e.g., a king or tyrant. - The term מפני היראה (out of fear) used in the abovementioned Mishnah refers to a king or tyrant - i.e., someone of whom one is physically afraid.
Rashi explains fear as referring to someone who one is afraid will kill him. Rabbenu Asher takes issue with Rashi's explanation of fear. He points out that it is unnecessary for the Mishnah to inform us that in the case of פיקוח נפש (a life-threatening situation), one may interrupt Kri'at Shema. Even violation of the Shabbat is permitted in such instances.
Therefore, Rabbenu Asher explains \"out of fear\" as referring to one's father or rabbi: איש את אימו ואת אביו תיראו (Every person must revere his mother and father) (Leviticus 19:3 . We also learn in Pirkei Avot 4:12 and Pesachim 108a that the fear of one's rabbi is similar to the fear of Heaven. See also Hilchot Talmud Torah 5:1.
The Shulchan Aruch, Orach Chayim 66:1 accepts Rashi's position regarding honor and Rabbenu Asher's interpretation of fear. He also mentions the Rambam's understanding of \"out of fear,\" as referring to a king or tyrant - this refers to one who is likely to cause pain or sorrow (Kessef Mishneh). - e.g., a king or tyrant. However, he may return the greetings of those he is obligated to honor2e.g., his father or his teacher. - See the commentary on the previous halachah.
The Mishnah Berurah, Orach Chayim 66:1 explains that at present, one should never greet [or return greetings of] anyone during Kri'at Shema, or even during פסוקי דזמרא, the verses of praise that precede Kri'at Shema and its blessings, unless it is clear that such a person will be insulted. Since people do not expect one to interrupt Kri'at Shema in order to greet them, such an insult is extremely rare indeed.
One should, however, interrupt at any point [except in the middle of the verses שמע ישראל and ברוך שם כבוד] in order to respond to Kaddish (יהא שמיה רבא), Kedushah (קדוש קדוש קדוש), Barchu and Modim. (See Shulchan Aruch, Orach Chayim 66:3, the Mishnah Berurah there and Shulchan Aruch HaRav, Orach Chayim 66:2.)
In his responsa, the Rambam also forbids the inclusion of hymns within the blessings [as is Ashkenazic custom on festivals], considering them as an interruption. - e.g., his father or his teacher.", + "These are the intervals between the sections: between the first blessing and the second; between the second [blessing] and Shema;1This decision is based on the principle that the blessings before the Shema - though necessary to develop the meditative consciousness necessary for the correct intention during Shema - are not considered as directly related to the Shema itself.
Accordingly, though it is forbidden to make an interruption between the recitation of a blessing before a mitzvah and the actual fulfillment of the mitzvah, these interruptions are permitted between the blessings before the Shema and the Shema. Some communities maintain that the blessings before the Shema are similar to the blessings before other mitzvot and do not allow such interruptions. between the first and second sections of Kri'at Shema; between the second and third sections of Kri'at Shema.
Between these sections, one initiates an exchange with one whom it is his duty to honor and responds to the greetings of anyone.2as explained above in Halachah 15. However, the interval between the end of the third section of Kri'at Shema and [the paragraph beginning with] Emet v'yatziv is considered the middle of a section,3Berachot 14b explains the significance of the proximity of the end of Kri'at Shema, א-להיכם אני ה', to the word Emet. This is based on a verse in Jeremiah 10:10 א-להיכם אמת ‘ה and proclaims that \"God, your Lord, is true.\" Thus, these words do not represent a break between sections, but rather a continuum. and one may interrupt only to greet one of whom one is afraid, or to respond to the greetings of someone one is obligated to honor.4as explained in the previous halachah." + ], + [ + "One who recites the Shema should wash his hands with water1Rabbi 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.2This 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 the Amidah. 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'at Shema 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 arrives3See 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.4In 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]5Berachot 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.6Berachot 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).", + "One should not recite the Shema in a bathhouse1When 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 latrine2even if there is no fecal material in it - Berachot 26a and Shabbat 10a explain that even without the presence of fecal matter, a latrine is not a fit place for prayer. - even if there is no fecal material in it - nor in a graveyard or next to a corpse.3Berachot 18a. Proverbs 17:5 states: \"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.4Sotah 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.5The 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. The Shulchan Aruch, Orach Chayim 71:7, agrees with the Rambam. (See the Mishnah Berurah also.)", + "The Shema may be recited facing, but not inside, a latrine that has been newly built, but not used as of yet.1The 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.2Rav 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...\"3a 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. - 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.4since perhaps the expression וזה does indeed 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.5Rav 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.6Nedarim 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,7In 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.8Shabbat 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).", + "Not only Kri'at Shema, but nothing pertaining to matters of sanctity1e.g., Torah study or prayers, may be uttered in a bathhouse or latrine, even in a language other than Hebrew.2Berachot 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 places3Psalms 12:7 states: \"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.4Zevachim 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. (See Magen Avraham, Orach Chayim 85.)", + "Secular matters may be discussed in a latrine, even in Hebrew.1The Magen 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,2The 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,3רחום 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.4when 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 erased5In 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 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.6This 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.7Shabbat 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).", + "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,1Skins 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.2This 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.3I.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. The Shulchan 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 Mishneh and 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 olive4The 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,5There 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.6This 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.", + "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,1Berachot 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). they would crumble,2Rabbenu Manoach states that it must really crumble and not just break into two pieces. one may recite the Shema facing them.3However, 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.4Berachot 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.5even if a mark is still visible on the ground (Berachot 25a).", + "How far must a person distance himself from feces or urine in order to recite the Shema? Four cubits.1This halachah is based on the Mishnah (Berachot 22b). In modern measure, a cubit is 48 centimeters according to Shiurei 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 move2Berachot 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].3Even 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.", + "When does the above apply?1i.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 handbreadths2i.e., approximately 80 centimeters according to Shiurei Torah or 96 centimeters according to the Chazon Ish. higher or lower than he,3he 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.4Rabbenu 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.5This 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.6See Berachot 25b.", + "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.1Berachot 25b equates this with a case where the feces are covered. If a quarter log of water2a 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.3I.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'iot for 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.", + "If feces are found in a hole in the ground,1See Berachot 25b. a person may stand with his shoe over the hole and recite the Shema.2This 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.3After 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 may expectorate thick saliva upon it to cover it, and then recite the Shema.4See Berachot 25b.
When there is a residue of feces on one's skin or one's hands are dirty from the washroom, if5because 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. - because of the small quantity or its dryness - there is no foul odor, he may recite the Shema, since there is no foul odor.6This 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,7i.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.8See Yoma 30a.
Many Geonim taught that one is forbidden to recite the Shema if one's hands are soiled,9The position of Rabbenu Chananel mentioned above. and it is proper to heed their teaching.10Even 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).", + "[When the source of] a foul odor has substance,1e.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 Shema2Berachot 25a 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.3Rabbenu 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.4Rashi 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 substance5e.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. - 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,6in 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.7Rashi (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.", + "It is forbidden to recite the Shema while facing moving excreta1Berachot 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.2Berachot 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.3Some 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.", + "A person who reaches an unclean place1I.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.2Berachot 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!\"
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 subsides3for 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.4Berachot 25a equates the two.
When another person passes gas, even though one should stop reciting the Shema, he need not interrupt his Torah study.5Rashi (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.", + "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.1Rashi (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.2This 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.3The 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.", + "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,1The 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 one turns his face away.2Since 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-Jew3See Berachot 25b. The Torah Temimah explains that this prohibition even applies regarding the nakedness of primitive peoples who carry on their daily affairs unclothed. or a child.4The 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 them5since 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. - since he sees them - he must turn his face away in order to recite the Shema.
Any part of a woman's body6that is usually covered is regarded as ervah. Therefore, one should not gaze at a woman, even his wife,7with 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.8Berachot 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.
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.\"", + "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.1This 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.2For 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,3Though 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.4I.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 separation5between 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.6Berachot 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.", + "When two people are lying under one sheet,1without clothing each is forbidden to recite the Shema even if he has covered himself below his heart,2and thus, his heart does not see his own nakedness. unless the sheet also separates between them in a manner that prevents their bodies from touching3Berachot 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 beraitot quoted 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, the Shulchan 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.4in 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,5See the following Halachah for a definition of this term. their bodies are considered like his own, and he is not affected by them.6i.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,7The 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 heart8so that his heart will not see his own nakedness and recite [the Shema].", + "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.1Rashi 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 adults2This 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.3Based 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. 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 them4as 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.5At 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." + ], + [ + "Women,1Berachot 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.
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 and Kiddushin 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. slaves and children2I.e., boys under the age of 13 years and one day. They are minors and exempt from all the Torah's commandments. are exempt from Kri'at Shema. We should teach children to recite it at the proper time3The 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 the commandments.4According 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 duty5Berachot 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 the Shema, because his preoccupation is not with regard to a commandment. is exempt from all commandments,6This 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.7I.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,8The Mishnah, Berachot 16a, 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 the Shema 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.9as 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 the Shema.
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.\"
However, if he delays until Saturday night after the wedding10This 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... 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.11I.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 the Shema 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.", + "However, one who marries a woman who is not a virgin is obligated to recite the Shema,1on his wedding night because even though he, too, is involved in the performance of a mitzvah,2the mitzvah of procreation it is not so distracting.3for there is no question of the woman's virginity. The same principle applies to similar cases.", + "One who is bereaved of a relative for whom he is obligated to mourn1Leviticus 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 Eivel 2:1. is exempt from Kri'at Shema2and all the other mitzvot of the Torah (Hilchot Eivel 4:6). until he has buried him,3The 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. because his attention is distracted from reciting [the Shema].4I.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.
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 the Shema. It is a sign of disrespect to the departed for their relatives to recite the Shema before they have been buried.
A person who is watching a body5I.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.6Since 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].7As 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.8See 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.", + "A body should not be taken out for burial close to the time for reciting the Shema,1Rashi, Berachot 19a, explains that doing so will prevent many people from reciting the Shema. unless the deceased was a great man.2Berachot, 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 the Shema, 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,3to the burial anyone required to [carry] the coffin4e.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 - 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,5I.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].6The 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 Berachot 17b 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 פטוריםthe 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].7because, 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.
", + "Should they be involved in eulogies when the time for Kri'at Shema arrives,1See Berachot 19a. if they are in the presence of the deceased they should withdraw2in order not to recite the Shema in his presence (See Halachah 3) singly and recite,3but not all at once, because this is lacking in respect for the deceased. and then return to the eulogy.4and then return to the eulogy.
If the deceased is not present, all the people should recite the Shema5I.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.6This 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).", + "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.1The 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,2directly before the mourners they should do so. If not, they should not start3the recitation of the Shema.
The above is conditional upon there being enough time afterwards to recite the Shema. 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.4Rabbenu 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 on Mishnah 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.
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. In Hilchot 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 line5i.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. - 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.", + "Anyone who has an exemption from Kri'at Shema, but nevertheless desires to be strict with himself and recite, may do so.1The 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.2The 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. However, if this exempted person is in a confused state, he is not permitted to recite [the Shema] until he composes himself.3If 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 the Shema would be acting haughtily by intimating that usually he has a very high level of concentration. The Shulchan Aruch, Orach Chayim 70:3 accepts Tosafot'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 the Shema despite their passing.", + "All those ritually impure are obligated to read the Shema and recite the blessings before and after it in their impure state.1The 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 themselves2by immersing in the mikveh that day3before 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 שרץ (crawling animal),4Leviticus 11:39 deems such a person as ritually impure. a menstrual woman,5Leviticus 15:19 states that not only a menstrual women, but anyone or anything she touches contracts ritual impurity. a6The 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. זבה, or the couch on which these people have laid,7See Leviticus 15:10 which explains that even that which is sat upon by someone impure, may not be touched. and the like.8e.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 emission9Leviticus 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.10This 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 impure11who were not prevented from reading the Shema. until he immersed himself in a mikveh.12Berachot 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 it13See 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.14i.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 Torah15Berachot 22a 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.16I.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. 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." + ] + ], + "versions": [ + [ + "Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007", + "https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI" + ] + ], + "heTitle": "משנה תורה, הלכות קריאת שמע", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Ahavah" + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file