08. Connecting Settled Areas

    As long as the houses in a city are contiguous, meaning that they are not farther away from one another than the size of a karpif (a large courtyard, approximately 32 m long), they are considered part of one area for the purpose of assessing the teĥum. If they are separated from one another by more space than that, they are not considered part of one area, and each house’s teĥum Shabbat is then calculated separately.[9]

    If the houses in a city are contiguous, then even if one house is out of alignment, as long as it is not more than 32 m from the next house, the teĥum’s square or rectangle expands to include the unaligned house. If there are additional houses after this one, the teĥum expands to include them as well; this can continue even if it means that the teĥum extends outside the city proper for a distance that would take days to walk. As long as each house is not separated from the next by more than 32 m, the teĥum extends to include them. However, if a house is more than 32 m away, it is not included within the rectangle.

    If the distance between two adjacent neighborhoods is greater than the size of two large courtyards (i.e., over 64 m), then each neighborhood is considered a town in its own right. We square each on its own, and then 2,000 amot are measured in each direction from that square. In contrast, if the distance separating the two neighborhoods is 64 m or less, they are considered one area and we square them together. There must be at least fifty residents living in an area for a group of houses to be defined as a neighborhood (Eruvin 60a). Even if there are fewer than fifty people, as long as the area contains three courtyards, each of which joins two homes together, or six homes, each of which has a courtyard, the area is still considered a neighborhood (MB 398:38; Ĥazon Ish OĤ 110:19).

    If an area is enclosed by a wall or an eruv, all its homes and neighborhoods are considered one area. This is true even when the wall or eruv is farther than a karpif’s length from the last house, and even if there is a large distance between the homes and neighborhoods.


    [9]. The shi’ur of a karpif is 70 amot and four tefaĥim. Following the updated calculation described in n. 1, this is 32.224 m, and the size of two large courtyards is 64.448 m. For the sake of simplification, we use the rounded-off measurements of 32 m and 64 m.

    09. Overlapping Squares

    When the squares or rectangles formed around two cities overlap, even when there is no joint eruv, the overlapping area connects the cities. We draw a new rectangle around the entire area to include both cities. The residents of both cities may then walk 2,000 amot beyond the joint rectangle.

    However, if the distance separating the corners of the two rectangles is greater than 4,000 amot, as we have seen (section 7), we do not square the entire area. Rather, each city is assigned a standard teĥum of 2,000 amot beyond its rectangle in each direction.

    10. The Status of Large Cities

    If a highway within a city is more than 64 m wide and bisects the entire city, then the city is viewed as divided in two, and the teĥum Shabbat for residents of each of the two sections is calculated separately. This is also the case for a wide-open area such as a park or large garden. If it is more than 64 m wide and bisects the entire city, then the city is viewed as divided in two, and the teĥum Shabbat for each of the two sections is calculated separately.

    At first glance, it would seem that the Ayalon Highway divides Tel Aviv into two cities. Nevertheless, since there is an eruv that encompasses all of Tel Aviv and the nearby cities, the eruv unites the different sections. Additionally, if a highway bisects a city but the rectangles drawn around each section overlap, then the overlapping area joins together the sections and we draw a new rectangle around the entire area, as explained above. Additionally, one could argue that since it is intended that all a city’s residents will make use of a highway, park, or large garden, they are considered part of the city and do not actually divide it.

    Others disagree, maintaining that these factors – an eruv, usage by all city residents, and overlapping rectangles – cannot join together the two sections formed by a highway or park that bisects a city. The primary position is the lenient one. However, it is proper to be stringent and avoid walking more than twelve mil beyond the highway, since some say that traveling beyond twelve mil is forbidden by Torah law (see section 1 above).[10]


    [10]. As mentioned above, two cities or neighborhoods do not join together if they are separated by 64 m, which is double the size of a city’s outskirts (SA 398:7). Rema adds that if the entire length of a city is bisected with at least this much space, then the city is viewed as divided in two. Similarly, if a park that is more than 64 m wide stretches the entire length of a city, it divides the city, and each part is considered its own city. R. Ephraim Ariel Buchwald in his book Kiryat Ariel presents a ruling of R. Yosef Shalom Elyashiv that the Ayalon Highway, Namir Highway (north of the Yarkon River), and the Yarkon itself – each of which is over 64 m wide – divide Tel Aviv into five cities.Nevertheless, for several reasons it seems that these highways and the river do not divide the city. First of all, the Tel Aviv eruv encloses all these parts, joining them together into one city. When the halakha speaks of a bisected city being divided in two, it is referring to a situation in which the walls have been breached. If the city is walled, however, it is still considered one area. Furthermore, even if the eruv happens to be down and in practice one may not carry in the area, as long as the majority of the eruv is still standing, the city may still be considered one area. Orĥot Shabbat states this in ch. 28 n. 163 in the name of R. Shmuel Auerbach, who derives it from the laws of sacrifices (certain types of which had to be eaten within the walls of Jerusalem), for which a wall whose breaches cover less length than its standing parts is effective (Tosafot, BM 53b).

    If the road bisecting a city is not straight, the rectangles drawn around each section can overlap, thus uniting the city even if there is no eruv. This opinion was expressed by R. Shalom Noaĥ Segal Weiss in Tikun Eruvin 2:5:39 (p. 211) and n. 156 (pp. 236-237). Maĥazeh Avraham OĤ 70 states that even if the rectangles do not touch each other, as long as the distance between them is less than 64 m, they are considered joined.

    Another justification for leniency is that the shi’ur of 64 m – double the size of a city’s outskirts – was based on the standards in talmudic times. However, now that cities are much more sprawling, the entire area that serves the city’s residents should be considered part of the city’s outskirts. This can be derived from the law of a city that is situated next to a stream. If the bank of the stream that is closer to the city has a balcony that is four amot wide, the entire stream is considered part of the city, and the city’s teĥum is measured from the farther bank. This would seem to be the case even when the width of the stream is greater than 64 m. MB 398:46 cites Ritva (Eruvin 61a, s.v. “ve-Ra”Ĥ z”l”) that since “this stream is in front of the whole city and is fit to be used by all the city’s residents, we can consider it an extension of the city even though it is not habitable.” We may also add the possibility raised by MA (398:13) that from the status of the stream we can extrapolate to any place that the city residents use. If so, urban highways are a part of the city even if they are very wide, since their purpose is to be used by the city’s residents. This would also be the case with public parks and gardens. R. Michael Bleicher writes along these lines in Teĥum Shabbat U-medidato, p. 24. (Nevertheless, we see from Rema, cited at the beginning of this note, that the definition of a city is based on physical criteria, not on whether the two sections share a municipality.)

    In practice, since the law is rabbinic, we may be lenient, whether based on the rationale that the city has an eruv, or on the rationale that the rectangles drawn around each section overlap. Each rationale is sufficient on its own, and they are even stronger when considered together. Even when distances greater than twelve mil are involved, where some Rishonim maintain that a Torah prohibition applies, we may be lenient based on these rationales. However, if there is no great need, it is proper to defer to the stringent opinion.

    11. Traveling Beyond the Teĥum and Items Arriving from Beyond the Teĥum

    One who traveled beyond the boundaries of the teĥum, whether knowingly or unknowingly, forfeits his 2,000 amot and may now only move within his four amot (SA 405:1; n. 1 above). Should he need to move his bowels, he may walk to a place where he will be able do so privately. Afterward, he may distance himself from this place enough to avoid the foul smell, so that he may recite prayers and berakhot, but he may not move more than four amot from that spot (SA 406:1).

    One who traveled beyond the teĥum knowingly and reached an area enclosed by a wall or eruv is nonetheless limited to his four amot. Even if he is now inside a house, he may not move more than four amot. In contrast, if he traveled beyond the teĥum unknowingly or under duress, he may walk freely within the enclosed area (SA 405:6; BHL s.v. “aval”).

    If one traveled beyond the teĥum in order to save a life, the Sages ordained that upon completing his mission, he may walk 2,000 amot in each direction. If this new teĥum overlaps his original teĥum, he may return home, and he retains his original teĥum as though he never left (Eruvin 44b). In certain cases he may even return to his original place regardless of teĥumin, as explained above in 27:10 and n. 12).

    If one is traveling on a plane that, due to unforeseen circumstances, lands in an airport on Shabbat, his teĥum Shabbat is established upon his landing, and he may not go farther than 2,000 amot in any direction.[11] Since an airport is generally surrounded by a fence and often contains an area for sleeping, the whole airport is considered his four amot, and he can walk another 2,000 amot beyond it. However, if the airport is not surrounded by a fence, then his mekom shevita is established the moment the plane touches down. If the plane then taxies on the runway for another 2,000 amot, he has gone beyond his teĥum, and he may not move any farther than his four amot. This means he must remain on the plane until Shabbat ends. If the crew or security personnel insist that he leave, or if he needs to leave in order to use the bathroom, he may do so. If he then reaches an enclosed area, he may move around within it, since the only reason he originally traveled beyond his teĥum is that he was forced to do so (SA 405:6). If his flight was for the sake of a mitzva, then even if the plane taxies for a full kilometer and the airport is not fenced in, he may still walk 2,000 amot from the airplane door (SA 248:4; MB ad loc. 32).

    One whose boat docked on Shabbat may leave the boat and walk 2,000 amot in each direction. This is because until reaching the port, the boat was more than ten tefaĥim above the ocean floor, so teĥum Shabbat did not apply to it. Only once he sets foot on dry land is his teĥum established. If the port is fenced in, he may walk 2,000 amot beyond the enclosure (SA 404:1; n. 3 above).

    One who traveled beyond his teĥum and then returned inside his teĥum unknowingly or due to circumstances beyond his control may still walk within his teĥum (SA 406:1). However, if he traveled beyond the teĥum knowingly, then even if he returned unknowingly, he forfeits his teĥum, though he may still walk throughout the city (SA 405:8).

    Just as one may not travel beyond his teĥum on Shabbat, he also may not move his possessions outside the teĥum. If he took fruit beyond the teĥum unknowingly, even though they may not be carried more than four amot, they may be eaten. If he did so knowingly, the fruit may not be eaten (SA 405:9; MB ad loc. 52; see above, ch. 26 n. 6).

    If a non-Jew brought fruit from outside the teĥum on Shabbat, as long as he brought them for himself or for another non-Jew, a Jew may eat the fruit. However, one may not carry them more than four amot. If the non-Jew brought the fruit into a home or a site that is enclosed by a fence or an eruv, one may carry the fruit within the enclosed area. In contrast, if the non-Jew brought the fruit for a Jew, that Jew and the members of his household may not eat the fruit until enough time has passed after Shabbat for the fruit to have been brought then (SA 325:8).[12]


    [11]. See n. 3 above, which discusses the Sages’ uncertainty about whether the prohibitions of teĥumin apply to airspace more than ten tefaĥim above land. The plane in this case has flown more than twelve mil on Shabbat; therefore, according to Rambam and those who follow his position, who maintain that traveling beyond twelve mil on Shabbat is prohibited by Torah law, one who lands on Shabbat should be stringent and stay within his four amot. However, according to most poskim, traveling beyond one’s teĥum is never prohibited by Torah law, so we may be lenient cases of uncertainty. Therefore, we do not have to worry about teĥumin above ten tefaĥim. The passenger’s teĥum is established only once his plane lands, after which he has 2,000 amot in each direction, as I wrote in the main text. In any case, even according to Rambam, since the passenger’s arrival on Shabbat was unintentional, he may walk through the entire airport as long as it is enclosed by a fence (see Rema 248:4; MB ad loc. 32; Yaskil Avdi 8:20:62; Yalkut Yosef 248:4).[12]. Two sets of laws apply to objects that arrive from outside the teĥum. The first is the standard laws of teĥum Shabbat. Objects carried outside of their teĥum are considered the same as people who left their teĥum unknowingly or due to circumstances out of their control, since objects have no will of their own. Therefore, if the objects arrived in an enclosed area, they may be carried throughout the enclosed area. However, if they were brought to a place that is not enclosed, they may be moved only four amot. If they are returned to their original place, they revert to their original status.

    The second set of laws relates to benefiting from prohibited actions done on Shabbat, and the intent of the person transporting the fruits determines their status. If he did so knowingly, no one may benefit from his actions, and the fruit may not be eaten. If he brought them unknowingly, then since the prohibition itself is rabbinic, they may be eaten (Pri Megadim; BHL 318:1, s.v. “ha-mevashel”; see Harĥavot 26:4:1). If a non-Jew brought the fruit from outside the teĥum for himself or for another non-Jew, a Jew may eat them; but if he brought them for a Jew, that Jew and his household may not eat the fruit until enough time has elapsed for the fruit to have been brought to them permissibly after Shabbat.

    The Sages established that the laws of teĥumin also apply to objects belonging to non-Jews, and such objects acquire a mekom shevita wherever they are when Shabbat began. If it was permitted to carry objects belonging to non-Jews without limit, people might mistakenly come to believe that objects belonging to Jews are also not subject to the laws of teĥum Shabbat. Ownerless items, however, are not subject to teĥumin restrictions (SA 401:1).

    12. Eruv Teĥumin

    If one wants to walk on Shabbat to a place that lies beyond his teĥum, he can render it permissible by making an eruv teĥumin before Shabbat, that is, by establishing his mekom shevita at the place where he puts the eruv. By placing this eruv, he merges the old teĥum (which would not have allowed him to go where he wants) with the new teĥum (which will allow him to go there) – this is why it is called an eruv (which literally means “merging”) teĥumin. However, the distance that the eruv teĥumin affords him in one direction is lost in the opposite direction. For example, if one places the eruv teĥumin 2,000 amot to the east of his home, he may now walk 4,000 amot eastward (2,000 amot from his home to the eruv and 2,000 amot beyond the eruv), but he may no longer walk westward at all.

    There are two ways to shift one’s mekom shevita. The first is by simply walking 2,000 amot in the desired direction before Shabbat begins and staying there for the onset of Shabbat. As long as one is there during the entire period of bein ha-shmashot, that becomes his place, and his teĥum Shabbat is now calculated from that point. He does not need to verbalize anything for this to take effect. It is enough for him to intend to establish his teĥum from that point. In contrast, if one is hiking in a field during bein ha-shmashot but does not intend to establish his mekom shevita there, his mekom shevita remains his home (SA 409:7; MB ad loc. 29).[13]

    The second way is to set aside two meals’ worth of food at that place and recite the declaration for making an eruv teĥumin, along with a berakha, as will be explained in the next section. An eruv teĥumin should be made only for the purpose of a mitzva – for example in order to attend a Torah lecture or a mitzva celebration. If one makes an eruv teĥumin for some other purpose, it is still effective be-di’avad (SA 415:1).

    When making an eruv teĥumin, one must place it within 2,000 amot of his home. This way his home will be within the teĥum of the eruv, and he may then walk from his home to the eruv. If his home is outside the eruv’s teĥum, the eruv is ineffective, and his teĥum is measured from his home.[14]

    One can actually use an eruv teĥumin to travel 5,600 amot, not just 4,000 amot. Since the mekom shevita where he sets aside the eruv is temporary (unlike a city, as above in section 6), he may have in mind for the new teĥum created by the eruv to be oriented so that the square’s diagonal faces his desired direction. He thus gains the additional corners.


    [13]. The Sages allow a traveler who wishes to establish his mekom shevita someplace further along the way to do so by merely verbalizing this wish. This special leniency is effective as long as two conditions are met. First, it must be possible for him to reach that location before dark if he hurries. Second, at the moment when Shabbat begins, he must be within 2,000 amot of the location (SA 409:11). However, if he intends to establish his mekom shevita somewhere beyond his 2,000 amot, he loses his teĥum Shabbat, and he may not move beyond his four amot, since he cannot establish the desired location as his mekom shevita, as he is beyond its teĥum, and he cannot establish his current location as his mekom shevita either, since he pushed it out of his mind. This is the opinion of Rashba, Rosh (Eruvin 4:13), and Tur (409:11). However, according to Rambam, whenever one fails to establish his mekom shevita at his desired location, he establishes it at his current location instead. SA cites Rambam as a secondary opinion (“yesh omrim”).If one is traveling and wishes to establish his place verbally, he must specify the four amot that he intends as his mekom shevita. An example of such a verbalization might be “The four amot surrounding such-and-such tree trunk.” If he did not delineate the area precisely, according to most Rishonim the entire uncertain area is included in his mekom shevita. If he said, “My place for Shabbat is under that tree,” but half the tree is outside his 2,000 amot, he has not established a mekom shevita, and he is left with only his four amot. As mentioned in the previous paragraph, according to Rambam, whenever one does not specify his mekom shevita adequately, rendering his desired teĥum ineffective, his current location becomes his mekom shevita instead, and his teĥum is 2,000 amot from there. Under pressing circumstances, one may rely on this opinion.

    [14]. At first glance, it would seem that in most large cities, setting aside an eruv teĥumin is ineffective. After all, we saw in section 4 that when one is outside the city at the start of Shabbat, we do not include the whole city in his four amot. He may travel within the city only as far as his 2,000 amot allow. If so, when one’s home is more than 2,000 amot from the eruv that one makes, the eruv is ineffective, and his status is the same as that of any other resident of the city. Indeed, this is how Beit Me’ir, Maĥatzit Ha-shekel, and Olat Shabbat understand SA 408:1, and so states Eliya Rabba 408:8 as well. According to MA and MB 408:3, 7, 10, SA agrees that one’s mekom shevita in such a case is indeed the location where he set aside the eruv. Since he was in his home when Shabbat began, he may walk within the city in the direction of the eruv, but once he has left the city, he may not return home. According to Rema, since this person’s home is in the city, if he placed an eruv outside the city, he has a connection to both places; therefore, in addition to the 2,000 amot granted him by his eruv, the whole city is considered four amot and he may walk freely within it. Even after he leaves the city, he may return to it and walk within it. BHL’s discussion of this matter concludes with an endorsement of MA’s understanding of SA (408:1, s.v. “raĥok”). However, many rule in accordance with Rema, including Baĥ, Noda Bi-Yehuda (Mahadura Tinyana 49), and AHS. SHT ad loc. 11 states that one should not object to those who are lenient in accordance with Rema. Since the laws of teĥum Shabbat are completely rabbinic, when necessary one may rely on Rema.

    13. Placing the Eruv Teĥumin and Reciting the Berakha

    One who wishes to make an eruv by placing food must set aside two meals’ worth of food. If bread is used, it must amount to the volume of six eggs, which is approximately 300 ml. (Others maintain that it must amount to the volume of eight eggs.) If one wishes to use food that is eaten together with bread, it is sufficient to use the amount of that food that would normally be spread on or eaten together with six eggs’ volume of bread (SA 409:7). If the eruv is meant to serve several people, two meals’ worth of food must be left for each person. If a large number of people are involved and one would like to minimize the bulkiness of the eruv, he may use olive oil, chocolate spread, or peanut butter, as relatively small quantities of these foods are used with a large amount of bread. One may also use a revi’it (75 ml) of vinegar, which is enough to use as a dip or dressing for two meals’ worth of vegetables (MB 386:35; 409:36). Drinks may also be used for the eruv as long as there are two revi’iyot (150 ml) per person (SA 386:6). Salt and water may not be used for the eruv (Eruvin 26a).[15]

    The food must belong to the person who plans to make use of the eruv, as he uses this food to establish his mekom shevita. When the eruv is meant for several people, the food’s owner must arrange for each person to acquire some of the food, making all of them partners in it. This is accomplished by means of third person, who lifts up the food with the intent to acquire it on behalf of all those who need to use the eruv (SA 413:1).

    If the food set aside for the eruv was eaten before bein ha-shmashot, the eruv is ineffective. However, after bein ha-shmashot the eruv may be eaten, because once one has established his mekom shevita during bein ha-shmashot, it remains in effect for all of Shabbat (Rema 394:2). If the eruv was left in a place where it could not be accessed during bein ha-shmashot without transgressing a Torah law (for example, if a boulder would need to be rolled away to retrieve it), the eruv is ineffective (SA 394:3; 409:3-4).

    When setting aside the eruv, one should recite the following berakha: “Blessed are You, Lord our God, King of the universe, Who sanctified us with His mitzvot and commanded us regarding the mitzva of eruv” (“asher kideshanu be-mitzvotav ve-tzivanu al mitzvat eruv”). One should follow this with the declaration: “With this eruv it shall be permitted to me to walk 2,000 amot from this place in every direction.” Bedi’avad, even if he simply said: “This shall be an eruv,” it is effective. But if he said nothing at all, he has not established an eruv (SA 415:4; MB ad loc. 15).

    When the eruv is meant to serve several people, their names should be explicitly mentioned as part of the declaration. One must also take care that the eruv contains two meals’ worth of food for each person who needs to rely on it (SA 415:4). If he would like the eruv to be effective for multiple Shabbatot, he should add at the end of the declaration the phrase “for all Shabbatot of the year.” Then, as long as the eruv remains in existence, it is effective (MB ad loc. 16).

    An eruv may be placed by a shali’aĥ (emissary or proxy). However, a minor, a non-Jew, or one who does not believe in the mitzva of eruv cannot serve as a shali’aĥ. The shali’aĥ must recite the berakha and the declaration. If he said nothing, the eruv is not effective (SA 409:8). However, it is effective if the owner of the eruv declares: “With the eruv that my shali’aĥ is setting aside, I will be permitted to walk 2,000 amot from the eruv in every direction” (BHL s.v. “ve-yomar”).

    One cannot place an eruv on behalf of another without the other person’s knowledge. One may place an eruv for his minor children, and the teĥum that it establishes is binding for them. Similarly, one may place an eruv for members of his household who are over the age of bar or bat mitzva. However, if upon hearing that there is an eruv teĥumin they object and state that they do not want it, the teĥum that it establishes is not binding for them. A child who is under the age of six is considered secondary to his mother, so an eruv that is effective for the mother is effective for her child as well (SA 414:1-2).


    [15]. Eruvin 26a states that one may use a saltwater mixture for an eruv, and Rambam writes this as well (MT, Laws of Eruvin 1:8). However, based on the continuation of the Gemara, Tosafot ad loc. s.v. “aval” state that this is limited to a case in which oil is mixed in with the saltwater. SA 386:5 presents Rambam’s opinion, and then cites Tosafot as a secondary opinion. MB ad loc. 29 states that the halakha follows the lenient first opinion.

    14. Establishing a Conditional Eruv for All Local Residents

    One may place an eruv conditionally. For example, if one knows that on Shabbat two Torah scholars will be lecturing in two nearby towns, but he has yet to decide if he will attend the lecture to the east, the one to the west, or neither, he places one eruv in the east and one in the west and stipulates in his mind that on Shabbat he will decide which teĥum to use, the one based on his home, on the eruv in the west, or on the eruv in the east. Once he has made his decision, though, he is bound by his chosen teĥum. If he did not make a conscious decision but merely started walking in accordance with only one specific teĥum, he has thus established his teĥum and may no longer change his mind and walk in accordance with a different teĥum (Eruvin 82a; SA 413:1; MB ad loc. 8).[16]

    One may volunteer to place an eruv on behalf of all residents of a locale. He then declares: “With this eruv it shall be permitted for all local residents and their guests to walk 2,000 amot from this place in every direction.” Anyone who is aware of the existence of this eruv before Shabbat, even if he did not decide that the site of the eruv is his mekom shevita, may decide on Shabbat that he wishes to walk in that direction and may rely on the communal eruv. However, one who was unaware of the eruv’s existence before Shabbat may not rely on it (SA 413:1).

    If there are so many local residents that the person placing the eruv cannot leave two meals’ worth of food for each one of them, then as long as he knows that there will be no more than twenty people who will want to rely on the eruv, he may place two meals’ worth of food for twenty people and declare: “With this eruv it shall be permissible for anyone who wishes to walk 2,000 amot from this place in every direction for all Shabbatot of the year.” This allows all who are interested in relying upon his eruv to do so, on condition that they are aware of its existence before the Shabbat they rely on it (SA 413:1; BHL s.v. “le-khol eĥad”). It seems that when it is clear that someone will make use of the eruv, the berakha should be recited, but when it is uncertain whether anyone will make use of it, no berakha should be recited.

    If one places an eruv unconditionally, his teĥum is determined by the location of the eruv. He may not change his mind and follow the teĥum measured from his home.


    [16]. The Tanna’im disagree about this law. According to the Sages and R. Yehuda in the Mishna (Eruvin 36b), a stipulation is effective when placing an eruv, based on the principle of retroactive clarification (“yesh breira”). In this case, it means that when one decides which eruv he wants to use, it clarifies retroactively which of the two potential eruvin he set aside before Shabbat was the true eruv. The beraita mentions that some maintain that retroactive clarification is ineffective (Eruvin 36b and 37b). The Talmud in Beitza 38a cites the opinion of R. Oshaya that for Torah laws retroactive clarification is ineffective, while for rabbinic laws it is effective. This is the opinion of most poskim, including Rambam, Rabbeinu Tam, Rosh, Ramban, Ran, and SA YD 331:11. SA 413:1 and MB ad loc. 7 conclude similarly. Therefore, one may set aside multiple eruvin and then decide on Shabbat which eruv he will use to establish his teĥum. (Some disagree: Ri maintains that retroactive clarification is effective even for Torah laws, while Maharam of Rothenburg as quoted in Mordechai maintains that it is ineffective even for rabbinic laws.)SA 413:1 uses the expression, “It all depends on his stipulation.” This implies that if one places an eruv conditionally, such as by saying: “If the Torah scholar comes to the east, my eruv will be in the east,” and then the Torah scholar comes to the east, the person’s teĥum is set and cannot be changed.

    01. Prayer

    Prayer is one of the principal expressions of belief in God. People are not perfect; they are flawed and they long to improve themselves. They therefore turn to the Creator of the world in prayer.

    Human imperfection is apparent on two levels. Most people feel a need to pray to God only when their daily routines are disrupted. For example, when someone is ill or injured and her pain intensifies, when she understands that all the doctors in the world cannot guarantee her health and well-being, and only God, in Whose hands is the soul of every living thing, can cure her and grant her a long happy life – then she prays to God from the depth of her heart to heal her. So it is, whenever a calamity befalls a person, her livelihood suffers, enemies rise against her, or her close friends turn their backs on her. She then understands how the good things in her life hang in the balance and she turns to God to help and save her. However, when daily routines function in their usual proper manner, most people do not detect anything missing and generally do not feel a need to pray to God.   

    Those who delve more deeply understand that even their everyday lives are not perfect. Even when they are healthy and earning a steady income, their family life is good, their friends are loyal, and the situation in their country is stable, perceptive people sense their existential inadequacy. They know that their lives are finite, and even if all goes well, there will come a day when they will die of old age. Now, too, when they are young and strong, they are unable to comprehend everything in their lives, and not everything turns out the way they intended. They cannot achieve all of their aspirations or fully attain even one goal. Out of this sense of inadequacy, they turn to God, the God of the heavens and the earth, the only One Who can redeem them from their imperfection. By connecting with God in prayer, people begin the process of fulfillment and redemption.

    02. The Prayers of Our Ancestors and Prophets

    We learn in the Tanakh that whenever our ancestors and the prophets needed help, they turned to God in prayer.

    The patriarch Avraham stood in prayer and begged that Sodom not be destroyed. God answered him that if there were ten righteous people in Sodom the city would be saved. But ten righteous people were not to be found there, and Sodom was demolished (Bereishit 18). Childless for many years, the patriarch Yitzĥak and matriarch Rivka prayerfully pleaded with God and were answered with the birth of Yaakov and Esav (Bereishit 25). The patriarch Yaakov prayed for God to save him from his brother, Esav, who set out against him with four hundred warriors, and he was answered and saved (Bereishit 32). Following the sin of the Golden Calf, God’s wrath was kindled against the people of Israel, and our teacher Moshe prayed intensely until God canceled the terrible decree that He had threatened to visit on His people (Shemot 32). When Miriam, Moshe’s sister, fell ill with leprosy, Moshe stood and prayed, “Kel na refa na la” (“O God, please heal her!”), and she was healed (Bamidbar 12). To turn back a heaven-sent plague, Aharon used the incense to pray, and the plague ceased (Bamidbar 17). After the army of Israel was defeated by Ai, God heard Yehoshua’s prayers and guided him to rectify the sin of Akhan, after which they won their next battles (Yehoshua 7). When the Philistines waged war against Israel, Shmuel cried out to God for help on behalf of the nation. God answered his prayer, and Israel struck and vanquished the Philistines (1 Shmuel 7). King David of Israel would often pray to God; his prayers eventually became the book of Tehilim. After King Shlomo finished building the Temple, he prayed that the Divine Presence (Shekhina) dwell therein, and that all people who pray there would be answered; God acceded to his prayer (1 Melakhim 8-9). When Eliyahu the Prophet fought against the false prophets of Ba’al on Mount Carmel, he prayed that fire would descend from the sky and so it transpired (1 Melakhim 18). Likewise, Elisha the Prophet prayed to God that He revive the son of the Shunamite woman, and the boy came back to life (2 Melakhim 4). When King Ĥizkiyahu faced death from his disease, he too prayed to God and was cured (2 Melakhim 20).

    One of the prayers that left a lasting impression on all generations is the prayer of Ĥana. Barren for years she would often pray at the Mishkan (Tabernacle) in Shilo and was the first to refer to God in her prayer by the holy name “Tzevakot” (“Lord of Hosts”). Eventually, she merited a son, none other than Shmuel the Prophet (1 Shmuel 2). Shmuel the Prophet is said to have been equal to Moshe and Aharon. Through Moshe and Aharon, the word of God was revealed in the transcendental miraculous existence of the Jews in the desert, and through Shmuel, the word of God was revealed in the tangible reality of the people of Israel living in Eretz Yisrael. Shmuel unified the nation, founded the kingdom of David, mentored a generation of prophets in Israel, and inspired the building of the Temple. It was difficult to bring Shmuel’s great and lofty soul down to earth, and Ĥana had to pray intensely until she was worthy of giving birth to him. Her prayer is so important that the Sages learn numerous laws from it (Berakhot 31a and see below, 12:6).

    03. The Effect of Prayer

    God established a law in creation: when we awaken ourselves to approach the Almighty and request a blessing from Him, He, in turn, is aroused from above to bestow good on us, according to our needs and the world’s needs. This is mentioned in the Zohar in many places.

    In other words, even when an individual or the world is worthy of God’s bounty, it is sometimes withheld until man knows his predicament and prays to God from the depths of their hearts.

    There are two types of prayer. The first is for the continuous existence of the world; without prayer, the world would cease to exist. This kind of prayer parallels the Tamid sacrifice, the merit of which sustains the heavens and the earth (see Ta’anit 27b). 

    The second type of prayer concerns specific circumstances, such as when disaster strikes and people pray for salvation, or when people pray for something they desire.

    Every prayer has an influential effect, as Rabbi Ĥanina says, “The prayers of one who prays for a long time do not return unanswered” (Berakhot 32b). Sometimes the effect is immediate, and at other times in the distant future; sometimes the prayer is answered completely, other times partially. As the Sages say (Devarim Rabba 8:1), “Great is prayer before God. Rabbi Elazar says, ‘If you want to know the power of prayer – if it does not accomplish all it is meant to do, it at least achieves half.’” God is the One Who knows how to help and support a person. Sometimes, for various reasons, one’s misfortune is for her own good, and therefore God does not accept her prayer. Nevertheless, her prayer benefits her, and its blessing will be revealed in one way or another.

    Even the most righteous people, whose prayers were generally accepted, sometimes went unanswered. No one was greater than Moshe, whose prayerful intercession on Israel’s behalf after the sins of the Golden Calf and the Spies annulled decrees of destruction and gained forgiveness (Shemot 32 and Bamidbar 14). Yet when Moshe begged to be permitted to enter Eretz Yisrael, God said to him, “Enough! Do not talk to me further about this matter” (Devarim 3:26) 

    Therefore, one must make great efforts in prayer and not assume that since she is praying, God must grant her request. Rather, she should continue praying, knowing that God hears her prayers and that her prayers are most certainly beneficial, though we do not know how much, when, and in what way.

    04. Is Prayer a Biblical Obligation?

    The Rishonim disagree about whether there is a Torah commandment to pray every day. According to Rambam (Sefer Ha-mitzvot, mitzva 5), there is a biblical commandment to pray daily, as the Torah states (Shemot 23:25), “Serve God your Lord,” and (Devarim 6:13) “Revere the Lord your God and serve Him.” Although these verses contain a general commandment to serve God, they also include a specific commandment to pray. The Sages interpreted “service” (avoda) to mean worship through prayer, as it is written:  “Love God your Lord and serve Him with all your heart” (Devarim 11:13), and they explained (Ta’anit 2a), “What is serving with the heart? It must mean prayer.” By praying daily, one fulfills her biblical obligation to pray. To fulfill one’s obligation, one must begin with praise to God, then petition God for her needs, and conclude by thanking God for the good He has bestowed upon her. The Torah does not specify how long one’s prayers must be. Therefore, some shorten their prayers and others lengthen them, yet they all fulfill their biblical obligation (MT, Laws of Prayer 1:2-3). Later, the Men of the Great Assembly formulated a set prayer text, as will be explained below (section 6).

    However, according to Ramban (Glosses to Rambam’s Sefer Ha-mitzvot), there is no biblical obligation to pray every day, because, in his opinion, the extrapolation from the verses that Rambam mentions is not a bona fide exegesis, but merely an asmakhta (reference). Rather, the Men of the Great Assembly instituted daily prayers but based their enactment on biblical verses. Ramban maintains that only in times of trouble is there a biblical commandment to pray to God, as we learn from the mitzva of the trumpets (ĥatzotzrot), where it says (Bamidbar 10:9), “When you go to war against an enemy that attacks you in your land, you shall sound a teru’a (short blasts) on the trumpets. You will then be recalled before the Lord your God and will be delivered from your enemies.”

    Thus, according to all opinions, there is a biblical obligation to pray in times of trouble. Therefore, anyone who finds herself or her friend in a state of crisis is required to add a special request for assistance in her prayer, since it is a biblical commandment to petition God to save her from that trouble. It is certainly a mitzva to pray communally when the public or the nation is in danger. The Sages even instituted fast days for that purpose.

    Next, we will continue to study the order of the prayer service instituted by the Men of the Great Assembly, and in chapter 2 we will learn which specific prayers are incumbent on women.

    05. The Institution of Prayer by the Men of the Great Assembly

    The Men of the Great Assembly instituted the prayers and the blessings (Berakhot 33a). They set the wording of the Shemoneh Esrei and formulated all the berakhot, including those recited before and after the recitation of Shema (Birkhot Keri’at Shema) and Birkhot Ha-nehenin (blessings recited upon deriving pleasure from something). They also instituted the recitation of the three daily prayers, Shaĥarit, Minĥa, and Ma’arivShaĥarit and Minĥa as obligations and Ma’ariv as a voluntary prayer. 1 

    The members Ezra the Scribe’s court, established at the beginning of the Second Temple period, are called the Men of the Great Assembly (Anshei Knesset Ha-gedola). This was the greatest beit din ever convened in Jewish history. It was comprised of 120 elders, among them prophets and sages such as, Ĥagai, Zechariah, Malachi, Daniel, Ĥanania, Mishael, Azaria, Neĥemia b. Ĥakhalia, Mordechai Balshan, and Zerubavel, as well as many other sages, the last one being Shimon Ha-tzaddik (Rambam, Introduction to Mishneh Torah).

    During the time of the First Temple, the Jewish people attained superior spiritual accomplishments: the Shekhina dwelled in the Temple and the great scholars of Israel achieved prophecy. Nevertheless, grave sins like idolatry, forbidden sexual relations, and murder proliferated amongst the masses, ultimately causing the Temple’s destruction and the exile of the people of Israel. Therefore, when Israel was able to rebuild the Temple, the Men of the Great Assembly constituted a large beit din, set safeguards for the Torah, made enactments, and formulated and arranged prayers and berakhot. They created a full framework for Jewish life, giving expression to Torah values in an organized and established manner within everyday living, thereby distancing the nation from sin and bringing them closer to serving God.

    Of course, even in the First Temple era, Israel prayed to God and thanked Him for all the good and blessing they received. However, those prayers did not have a set formula. Since it had no set formula, righteous and devout people would pray and recite berakhot with great kavana (focus), but the masses would minimally fulfill their duties with shallow prayers. Passionate prayer from the heart in one’s own words is the ideal form of prayer, but in actuality, the routine demands of everyday life wear us out, and without regular fixed prayers, the public gradually drifts away from worshipful prayer and eventually from God. Following the establishment of the prayers and their fixed wording, all of Israel started to pray, and as a result, faith in God intensified. That is what sustained the nation’s devotion that even two thousand years of exile could not extinguish.

    Moreover, during the time of the First Temple many people mistakenly regarded the offering of korbanot as idolatrous acts possessing magical powers, able to grant good fortune in matters such as livelihood, health, and the abolishment of evil decrees. The prophets severely condemned this misguided notion and taught that a korban in its essence, is an expression of the people’s desire to get closer to God through total devotion. That is the primary purpose of humanity in this world, as The torah states (Devarim 10:12): “What does God want of you? Only that you revere the Lord your God, follow all His ways, love Him, and serve the Lord your God with all your heart and with all your soul.” When the person who brings the offering does not demonstrate true devotion to God nor the desire to improve, not only is the offering ineffective, but it is repulsive in God’s eyes, as it is written: “‘Why do I need all your sacrifices?’ God asks. ‘I am sated with your burnt offerings of rams and the fat of fed beasts, and I have no desire for the blood of cattle, sheep, and goats. When you appear before Me, who asked you to do this, trampling My courts? Do not bring any more vain meal offerings; incense is offensive to Me…’” (Yeshayahu 1:11-13). By instituting the prayers, the Men of the Great Assembly restored the proper priorities to the worship of God, reminding us that faith, focus, and devotion are primary. These values indeed find their clear expression in the prayers, as R. Elazar said, “Prayer is greater than sacrifices” (Berakhot 32b). By emphasizing our kavana, we pray to God that He rebuild the Temple speedily in our time so that we may express our devotion to Him fully – through both prayer and sacrifice.

    1. In Megilla 17b-18a, it is told that Shimon Ha-Pekuli formulated and arranged the Shemoneh Esrei in the presence of Rabban Gamliel. A beraita is then cited, which explains the order of the berakhot on the basis of biblical verses. A question is then raised there: If the Men of the Great Assembly instituted it what was left for Shimon Ha-Pekuli to arrange? The Gemara answers that it was forgotten until Shimon Ha-Pekuli reestablished it. We may ask, how can they have forgotten the prayers that they were obligated to recite every day? Shita Mekubetzet (on Berakhot 28b) states an answer: they merely forgot the order of the berakhot, which is what Shimon Ha-Pekuli then restored. In R. Ĥananel and Meiri’s version of the Gemara, there is no mention that Shimon formulated any part of Shemoneh Esrei, so the question does not even arise.

    06. The Fixed Formula (Nusaĥ)

    Establishing a uniform formula that is repeated thrice daily in prayer has a certain disadvantage. Prayer is likely to become routine and one may lose the kavana that is aroused when one prays to God in her own words. On the other hand, had the Sages not established a fixed formula, though the righteous would utter beautiful and sincere prayers from the depths of their hearts, most people would recite hurried and brief and defective prayers.

    Rambam explains (MT, Laws of Prayer 1:4) that especially after the destruction of the First Temple and the exile of Israel among the nations, this problem has intensified. Many Jews lost their proficiency in holy tongue (the Hebrew of the siddur), in which it is proper to pray. Moreover, they did not have any appropriate formulas for prayer in other languages. Therefore, the Men of the Great Assembly established the wording for all the berakhot and prayers so that all Israel would be fluent in them and so that the theme of each berakha would be stated articulately even by those who are otherwise unable to do so.

    Another advantage to a fixed wording of prayer is that it includes all the general and specific needs for which it is proper to pray. Without a standard formula, everyone would presumably pray for one specific thing. Doctors would pray for the health of their patients, farmers would pray for rain, and with time, every Jew would pray only for the things close to her heart while remaining disconnected from the table of collective aspirations. The Sages therefore instituted eighteen berakhot, which incorporate all of the Jewish people’s material and spiritual aspiration. Thus, three times a day, everyone who prays balances and unifies her personal ambitions with the general needs of the nation.  

    In addition to whatever we understand of the fixed prayers, there are innumerable profound allusions, some of which are explained within the Jewish mystical tradition. As R. Ĥayim of Volozhin writes (Nefesh Ha-Ĥayim 2:10):

    The enlightened will understand on their own why 120 sages, among them prophets, were needed to formulate a small plea or short prayer. Through Divine inspiration and supreme prophecy they grasped the order of creation and the deep mysteries of divine chariot (“the merkava”). This is why they enacted and formulated the berakhot and the prayers using these specific words – for they observed and apprehended how the light of each individual word refracts, and how each word is quite necessary to properly rectify the multiplicity of supernal worlds and powers and to bring harmony to the merkava. 

    He further writes (ibid. 2:13) that all the profound meanings revealed by Arizal and other saintly figures are only a drop in the sea compared to the profound innermost meaning of the Men of the Great Assembly, who instituted the prayers. Through the prophecy and divine inspiration that manifested itself upon them when they formulated the prayers and berakhot, they successfully encapsulated the rectification (tikun) of all worlds in such a way that every day new tikunim are drawn forth each day.

    07. Instituting Three Prayers

    In addition to the special prayers that our forefathers said in times of trouble, they also set times in which they prayed to God (Berakhot 26b). Avraham established Shaĥarit. It was he who first illuminated the world with his faith, and accordingly he established a prayer said while the sun rises. Yitzĥak established Minĥa. He continued on the path of his father Avraham. Sometimes it is easier forge a new path than it is to stay on the same one. Yitzĥak’s strength was that he remained on the path of faith. This corresponds to Minĥa, which expresses continuity, for the whole day is sustained by the power of faith. Yaakov established Ma’ariv because he endured many hardships and vicissitudes, emerging stronger from each and every one. He therefore established the nighttime prayer, since even in the dark, when reality is obscured, it is possible to connect to God and to reveal the supreme eternal light. 

    Once the patriarchs invented these prayers, there were devout and righteous people who followed in their path and prayed Shaĥarit, Minĥa, and Ma’ariv. As King David said (Tehilim 55:1718), “As for me, I call out to God, and the Lord saves me. Evening, morning, and noon, I express my grief and moan aloud, and He hears my voice.”

    Following the custom of our forefathers, the Men of the Great Assembly established the three prayers, Shaĥarit and Minĥa as obligatory, and Ma’ariv as voluntary. They were instituted to correspond to the communal offerings, since their purpose was to express the inner significance of the sacrifices. Since the morning and afternoon Tamid sacrifices were obligatory, Shaĥarit and Minĥa are obligatory prayers. Ma’ariv corresponds to the burning of the fats and organs on the altar at night. Since failure to bring the latter did not prevent the fulfillment of the mitzva, so too Ma’ariv was also deemed voluntary. However, as time passed, men took upon themselves to recite Ma’ariv as an obligation. On Shabbat, festivals, and Rosh Ĥodesh, we were commanded to bring a musaf sacrifice; hence, the Sages established the recitation of the Musaf prayer to represent it. Women are exempt from praying Musaf (according to most poskim, as detailed below, 2:9).

    Since the prayers were instituted to correspond to the sacrifices, the times of the prayers were set according to the times of the offerings (as explained below, 8:1 and 18:1). In the next chapter we will learn which prayers are obligatory for women and which are optional.

    08. Kavana and Those Who Find it Difficult to Concentrate

    Prayer is considered avoda she-ba-lev (worship of the heart); therefore its essence is dependent upon kavana.

    This is what the pious and people of deeds would do: They would meditate and concentrate on their prayers until all physicality fell away and the power of the mind would gain strength, to the point that they were on the verge of prophecy. If another thought would intrude on their prayer, they would be still until that thought passes” (SA 98:1).

    There are two kinds of kavana in prayer: One is a general kavana, where the person praying stands before the Supreme King of kings filled with awe and love; the second is a specific kavana – concentrating on the words she utters.

    People are innately different from one another. Some can focus effortlessly, and though they repeat the same words every day, it is easy for them to follow each word and mean them. Others naturally find it difficult to concentrate, and the more familiar a subject is to them, the harder it is for them to focus on it. Try as they might to have kavana, their thoughts wander from one matter to the next. Despite great effort to have kavana while reciting Avot (the first berakha of Shemoneh Esrei), their minds are flying away, and suddenly they find themselves saying Selaĥ Lanu (the seventh berakha). They attempt to refocus, but their minds wander off again. Before they know it, they are already bowing for Modim (the seventeenth berakha).

    Even in the time of the Talmud there were Amora’im who lamented the difficulty of focusing during prayer. Y. Berakhot 2:4 records that R. Ĥiya says that he was never able to have kavana throughout his entire prayer. Once, when he tried to concentrate for the duration of his prayer, he began wondering, right in the middle, whether Minister A or Minister B is more important in the king’s eyes. Shmuel said, “I counted newly hatched chicks while I was praying.” R. Bon bar Ĥiya said: “While I was praying I counted the rows of the building.” R. Matania said, “I am grateful for my head, for even when I am not paying attention to what I am saying, it knows by itself to bow at Modim.” The statements of these leading Amora’im teach us that it is difficult to have kavana from the beginning of the prayer service until the end. Even though we must try as hard as we can to concentrate, one should not lose heart when she does not focus properly. Even one who daydreamt throughout most of her prayer should not despair; rather, she should strive to have kavana while reciting the remaining berakhot.

    One should not say, “If I do not have kavana, perhaps it is better not to pray.” Rather, the very fact that she stood before God in prayer expresses something very profound – her sincere desire to connect to God and to pray before Him. Every person is measured according to her nature, and at times, someone who finds it difficult to concentrate, yet struggles and succeeds in having kavana for a number of blessings, is more praiseworthy than someone for whom focus comes easily through the entire prayer service. Moreover, people who find it easy to concentrate on the routine prayers generally pray without any particular passion, even on special occasions, or when a tragedy befalls them. However, those individuals who find it difficult to concentrate on the routine words usually succeed in attaining higher levels of kavana in exceptional circumstances.

    It is said in the name of Arizal that kavana is like the wings upon which prayer soars heavenward and is accepted. When one prays without kavana, her prayer lacks the wings with which to ascend, and so it waits until she utters one prayer with kavana, whereupon all the prayers that she recited without kavana ascend to God together with the prayer that achieved kavana. The reason for this is clear: The very fact that she chose to pray demonstrates that she wants to connect to God, to praise Him, and ask Him for her needs. She simply failed to have kavana. However, the moment she succeeds in having kavana, she opens the gate for all her prayers to ascend.

    In practice, one who has kavana during the first berakha of the Shemoneh Esrei fulfills her obligation, even if she did not have kavana for the rest of the prayer (SA 63:4, 101:1; below, 12:8).

    01. A Brief Outline of Women’s Obligation

    According to most poskim, women and men are equal regarding the obligation to pray, and therefore women are obligated to recite Shemoneh Esrei of Shaĥarit and Minĥa, while Ma’ariv remains voluntary. Others maintain that women are only obligated to recite the Amida (the term for the silent standing prayer, used interchangeably with “Shemoneh Esrei”), once a day, preferably Shaĥarit, so that the day begins with prayer. Still others maintain that women need only recite a brief prayer, and that Birkhot Ha-shaĥar and Birkhot Ha-Torah are sufficient to discharge this obligation.

    Le-khatĥila, it is best for women to follow the opinion of most poskim and recite Shaĥarit and Minĥa every day. Still, a woman who only prays once fulfills her obligation, and in extenuating circumstances, just Birkhot Ha-Torah and Birkhot Ha-shaĥar suffice. A woman who is fully engrossed in caring for her children is permitted le-khatĥila to fulfill her obligation by reciting only Birkhot Ha-Torah and Birkhot Ha-shaĥar.

    In any case, even a woman who prays Shemoneh Esrei must recite Birkhot Ha-Torah and Birkhot Ha-shaĥar (see below, 6:1 n. 1; 7:3 n. 3).

    Some women are accustomed to recite the passages of the sacrificial offerings (Korbanot), and some poskim even say that women are required to recite the passage of the Tamid. Nevertheless, the halakha is that they are not obligated to do so (see below, ch. 15 n. 1).

    Additionally, there are poskim who say that women must recite Pesukei De-zimra (verses, mainly from Tehilim, that praise God) in preparation for the Amida; however, in practice they are not required to recite them (see below, 15:4).

    Women are exempt from the recitation of Shema and its berakhot, since these prayers are time-bound and women are exempt from positive time-bound mitzvot (see chapter 3). Nevertheless, a woman who recites these passages is praiseworthy. There is an opinion that women are obligated in the daytime and nighttime mitzvot of remembering the Exodus from Egypt, and according to this opinion it is best that they fulfill this mitzva by reciting Emet Ve-yatziv in Shaĥarit and Emet Ve-emuna in Ma’ariv. However, most poskim maintain that they are not obligated to do so. Although women are exempt from reciting Shema, it is good for every woman to recite the first two verses, “Shema Yisrael” and “Barukh Shem,” daily, so that she accepts upon herself the yoke of heaven (see below, 16:1).

    Women are exempt from the recitation of all the prayers of supplication and the passages recited after the Amida.

    Women must say the bedtime Shema and recite the Ha-mapil blessing (as explained below, chapter 19 n. 1).

    Women are exempt from praying Musaf of Shabbat, festivals, and Rosh Ĥodesh. Some poskim say that just as women must pray Shaĥarit and Minĥa, so too they must pray Musaf, and although, le-khatĥila, it is proper to follow their opinion, the opinion of most poskim prevails, and women are exempt from Musaf. Regarding the recitation of Hallel, all opinions agree that women are exempt (see below, section 9).

    Some poskim maintain that women have an obligation to fulfill the mitzva of Torah reading on Shabbat; however, in practice, the halakha follows most poskim who maintain that women are exempt from hearing the Shabbat Torah reading (below, section 10).

    02. According to Most Poskim Women Are Obligated to Pray Shaĥarit and Minĥa

    The Sages of the Mishna say that women are obligated in the mitzva of prayer (Berakhot 20b). According to most poskim, this mishna means the prayers instituted by the Sages apply to men and women alike. Of the three daily prayers enacted by the Sages, Shaĥarit and Minĥa are obligatory and Ma’ariv is voluntary. However, as time went on, men accepted upon themselves to pray Ma’ariv as an obligation. Women, on the other hand, did not, and therefore, for them, Ma’ariv remains voluntary.

    It would seem, based on the rule that exempts women from positive time-bound mitzvot, that women should be exempt from prayer, since the obligation to pray is dependent upon time – Shaĥarit in the morning and Minĥa in the afternoon. However, because the purpose of the Amida is to request God’s mercy, and women need to request mercy just like men, the Sages instituted the Amida for men and women alike, and women are obligated to pray Shaĥarit and Minĥa.

    Women must also pray Shaĥarit and Minĥa on Shabbatot and festivals. Even though the thirteen intermediate petitionary berakhot of the weekday, which constitute the essence of the supplication for mercy, are not recited, the Shabbat and festival Amidot nevertheless  include appeals for mercy like “kadsheinu be-mitzvotekha ve-ten ĥelkeinu be-Toratekha…” (“Sanctify us with Your mitzvot and grant us our share in Your Torah…”). 1

    1. According to Ramban, who maintains that the mitzva of prayer is a rabbinic decree, everything instituted by the Sages regarding prayer applies to men and women alike, and that is the meaning behind the Mishna’s statement in Berakhot 20b that women are obligated to pray. The Gemara explains that since women also need mercy, they are required to pray even though the obligation is time-bound. Likewise, Rashi, Rosh, and Ra’ah maintain that women must pray because the purpose of prayer is to request mercy; hence, women are required to pray both Shaĥarit and Minĥa. MA 106:2 and MB 106:4 state that this is the opinion of most poskim. SAH 106:2 rules this way as well. (According to Rashi, there is the additional reason that women are exempt from time-bound positive Torah mitzvot but obligated in time-bound positive rabbinic enactments.)

      According to Rambam, who maintains that the mitzva of prayer is biblical, women are obligated, since the Torah does not specify a particular time for prayer. According to Rif and Rambam, there is a version of the Gemara which explains women’s obligation to pray “because it is a positive mitzva that is not time-bound.” Based on this, many poskim have explained that women are obligated to recite one prayer, like the biblical command (see below, n. 2). In contrast, several prominent Aĥaronim maintain that Rambam obligates women to pray both Shaĥarit and Minĥa, but that Ma’ariv is voluntary. In their view, since the basis for the obligation of prayer is the same for both men and women, and the Sages established that the mitzva of prayer is fulfilled by reciting two obligatory prayers, women are also required to do so. See Maharam ben Ĥaviv in Kapot Temarim, Sha’agat Aryeh §14, Erekh Ha-shulĥan, Or Le-Tziyon 2:7:24, Yad Peshuta on MT, Laws of Prayer 1:1, and Maĥazeh Eliyahu §19. All these Aĥaronim maintain that, in practice, women must pray Shaĥarit and Minĥa, since both Rambam and Ramban agree on this matter.

      See Berur Halakha (Zilber) OĤ 2:106, which states that many Rishonim agree with Rambam and maintain that prayer is a biblical commandment. Presumably, this contradicts what MB 106:4 states, namely, that according to most poskim women are obligated to pray both prayers. However, in keeping with what we have seen, many poskim maintain that even according to Rambam, women are obligated in both prayers.

    03. The Poskim Who Maintain that Women Are Obligated to Pray One Daily Prayer

    Some poskim say that according to Rambam, women are only obligated to pray once daily because in Rambam’s opinion, the mitzva of prayer is rooted in the biblical commandment to turn to God in prayer daily. Since this mitzva is not dependent on time, women are obligated to fulfill it. Women are only exempt from time-bound positive mitzvot, but are required to fulfill mitzvot that are independent of time. Although every day brings with it a new mitzva to pray, nevertheless, prayer is not considered a time-bound mitzva as all days are equal, without exception for festivals, Shabbat, and weekdays. Additionally, within the 24-hour period itself, the Torah did not fix a specific time for prayer; hence the biblical commandment to pray is a daily mitzva that is not dependent on time.

    It follows, then, that the rabbinic enactment that men pray three times daily does not apply to women; rather, women are biblically obligated to pray only one prayer daily. However, since the Sages established a fixed prayer formula, women must fulfill their biblical commandment to pray by reciting the Shemoneh Esrei instituted by the Sages. Additionally, since the Sages set fixed times for prayer, women must pray during one of those times, be it during the time for Shaĥarit, Minĥa, or Ma’ariv. 1

    1. As we saw in the previous note, according to the interpretation of Rif and Rambam, the Gemara states that women are obligated in prayer because it is a mitzva that is not time-bound. Biblically, there is an obligation to pray every day and the whole day is valid for prayer; therefore it is not bound by time. Many Aĥaronim, among them Baĥ and Pri Ĥadash, understand Rambam’s and Rif’s opinion to mean that women must pray once a day. Many poskim (such as Pri Megadim) maintain that SA also rules accordingly. This is the ruling and explanation given in Yabi’a Omer 6:17 and Yeĥaveh Da’at 3:7, where other Rishonim and Aĥaronim who also take this stance are mentioned.

    04. The Poskim Who Maintain that Women Fulfill Their Obligation with Birkhot Ha-shaĥar and Birkhot Ha-Torah

    There are lenient poskim who maintain that according to Rambam’s opinion women are only bound by the biblical command, that is, they are required to recite some sort of prayer every day. They fulfill this mitzva with any petition to God. Therefore, when the Sages instituted the recitation of three prayers in the specific wording of eighteen berakhot, the enactment applied to men but not to women.

    Some poskim question how is it possible to fulfill one’s obligation with any sort of petition, for according to Rambam (MT, Laws of Prayer 1:2) even the sequence of the prayers is biblically mandated; one must begin by praising God, then beseechingly and imploringly make requests, and conclude by giving praise and thanks to God. This indicates that when the prayer is not recited in this order, one’s obligation is not fulfilled. So how is it possible for women to fulfill their biblical obligation with any kind of request (Pri Megadim, Magen Giborim)? A few Aĥaronim explain that women may fulfill their obligation of prayer by reciting Birkhot Ha-Torah and Birkhot Ha-shaĥar, for Birkhot Ha-Torah open with praise, “Blessed are You, Lord our God, King of the universe, Who has sanctified us with His mitzvot,” continue with words of request, “Please Lord, our God, make pleasant the words of Your Torah in our mouths…and may we and our offspring…know Your Name and study Your Torah…,” and end with thanksgiving, “Blessed are You, Lord our God, King of the universe, Who selected us from among all the nations and gave us His Torah.”

    The same is true of Birkhot Ha-shaĥar. In all of the blessings there is praise, followed by request in Ha-ma’avir Sheina, “May it be Your will…that You accustom us to [study] Your Torah and attach us to Your mitzvot, and do not bring to error…,” and at the conclusion, thanks, “Blessed are you God, Who bestows beneficial kindnesses upon His people Israel.” 1

    1. MA 106:2 states that perhaps according to Rambam it is possible to fulfill the mitzva with any kind of a request, noting that it is upon this assumption that women who suffice with some sort of request in the morning, rely. (It is noteworthy that also in Birkat Ha-mazon and in Me-ein Shalosh there is praise, request, and thanks, and women who recite those berakhot during the day fulfill their biblical obligation of prayer.) However, MA adds that according to most poskim, women must pray Shaĥarit and Minĥa. Likewise, MB 106:4 concurs that although many women rely on the reasoning that it is possible to fulfill the mitzva with any kind of a request, it is best that they pray two prayers, as in the opinion of most poskim. R. Shlomo Zalman Auerbach also states that women customarily practice leniently by fulfilling their obligation with a brief prayer (Halikhot Shlomo 2, n. 5). However, it can be inferred from all of the above-mentioned poskim that le-khatĥila one should not rely on a brief prayer.  

    05. The Practical Halakha

    Le- khatĥila it is best for women to recite the Amida of both Shaĥarit and Minĥa every day. If they pray only once a day, they have fulfilled their obligation. Even though, according to most poskim, women are obligated to pray both Shaĥarit and Minĥa, since this is a rabbinic ruling, women who wish to act leniently are permitted le-khatĥila to rely upon the poskim who maintain that women must pray only one daily prayer. It is best that the one prayer recited be Shaĥarit, so that one begins the day with prayer. A woman who missed Shaĥarit may recite Minĥa, and be-di’avad, if she missed Minĥa, she may pray Ma’ariv.

    Women accustomed to recite only Birkhot Ha-shaĥar and Birkhot Ha-Torah have on whom to rely if necessary; however this is not proper practice, because according to the vast majority of poskim, women have an obligation to pray the Amida at least once a day.

    06. Women Occupied with the Care of Their Children

    Women who are busy tending to their young children and occupied with managing the household are permitted le-khatĥila to fulfill the mitzva of prayer by reciting only Birkhot Ha-shaĥar and Birkhot Ha-Torah. As we learned (section 4 above), some poskim maintain that in principle women can fulfill the obligation of prayer with Birkhot Ha-shaĥar and Birkhot Ha-Torah. Although under normal circumstances it is not proper to rely on this opinion, nonetheless women who are taking care of their children are permitted le-khatĥila to fulfill their obligation with Birkhot Ha-shaĥar and Birkhot Ha-Torah. Similarly R. Aryeh Leib, the son of R. Yisrael Meir Kagan (the Ĥafetz Ĥayim), attests that his mother hardly prayed at all in the years that her children were under her care. She said that her husband told her that she is exempt from prayer because she is busy raising her children. 1.” Still, it is possible that women follow the principle of the law, for since during the years in which they are busy tending to their children they are greatly hassled, much more than one who has just returned from a trip. Therefore they do not customarily pray the Amida. See similarly Responsa Maĥazeh Eliyahu 20:5 in the name of Ĥazon Ish. Moreover, there is a rule that one who is engaged in the performance of one mitzva is exempt from the performance of another mitzva, and a woman who is caring for her children is engrossed in the continuous mitzva of ĥesed (loving-kindness). Therefore she is exempt from the mitzva of prayer which requires the effort of concentration. (This is according to Ran, as cited in BHL 38:8, s.v. “Im Tzarikh,” that even if one could exert himself and succeed in fulfilling two mitzvot simultaneously, the Torah does not compel one who is engaged in the performance of one mitzva to perform the other mitzva as well.)

    We have already seen (section 4) that women fulfill their obligation of prayer by reciting Birkhot Ha-Torah and Birkhot Ha-shaĥar, for those berakhot incorporate praise, request, and thanksgiving. Additionally, berakhot do not demand as much kavana as the Amida, in which one stands before the King of kings. Hence, one’s preoccupations do not significantly prevent one from reciting Birkhot Ha-Torah and Birkhot Ha-shaĥar, and therefore all women must accustom themselves to recite them every day. ]

    Even if a woman raising her children decides to go to work out of the need to help support the family financially, or sends her children to daycare, nursery, kindergarten, and school, and remains home to organize the house and rest a bit, since overall she is tired and busy with the care of her children, she may fulfill the obligation of prayer by only reciting Birkhot Ha-shaĥar and Birkhot Ha-Torah. If it is possible for her to have kavana in the Amida, it is better that she prays the Amida. Every woman may determine for herself if the burden of caring for her children is so stressful that she cannot pray Shemoneh Esrei. If this decision is too difficult for her to make by herself, she may consult a rabbi or rabbanit.

    However, it is not proper for a woman who goes to work, not out of financial necessity, but because she has leisure time, to rely upon the lenient opinion. Instead, she should be strict to pray Shemoneh Esrei every day, in addition to Birkhot Ha-Torah and Birkhot Ha-shaĥar. 2

    A woman, who, while caring for her children, prayed only a brief daily prayer must take care to resume praying Shemoneh Esrei every day once her children are grown and the burden of caring for the house has diminished.

    1. That is the prevalent minhag, attested to by R. Aryeh Leib in Siĥot He-Ĥafetz Ĥayim, 1:27. There are two reasons for this. First, in extenuating circumstances it is possible to rely le-khatĥila on the reasoning of MA. Second, some explain that the constant stress of tending to children’s needs falls under the same category of things that negate one’s kavana, for, in principle, one who is preoccupied is exempt from the mitzva of prayer. As the Sages say (Eruvin 65a), “One who returns from a journey is exempt from prayer for three days, and the same applies to other preoccupations.” Similarly, SA 108:2 states that one should not pray where or when his kavana will be disrupted. However, in practice, SA concludes, “Nowadays we are not cautious about this, because we do not have that much kavana in our prayers today [anyway
    2. However, there are different levels of preoccupation generated by the burden of running a household, depending on several factors: the number of children, their personalities and ages, whether they are in daycare, and how much assistance the woman has. Nevertheless, it is clear that if a woman is blessed with many children, even if she sends her children to daycare and does not work, the burden upon her is heavy and stressful, and she may fulfill her obligation le-khatĥila with Birkhot Ha-shaĥar and Birkhot Ha-Torah. If a working woman is able to pray while seated on her way to work, there is uncertainty about whether it is preferable that she prays Shemoneh Esrei sitting or that she suffices with a short prayer, as explained below 12:14. A woman who wants to pray the Amida while sitting on a regular basis may do so.

    07. The Rules Governing Which Mitzvot are Incumbent upon Women

    As a rule, women and men are equally obligated to perform the mitzvot, with the exception of time-bound positive mitzvot, from most of which women are exempt, as the Sages say in the Mishna (Kiddushin 29a), “Concerning all positive time-bound mitzvot, men are obligated and women are exempt.”

    The following are positive, time-determined mitzvot from which women are exempt: 1) The recitation of Shema each day and night (including the mitzva to remember the Exodus from Egypt, see below, 16:3); 2) tefillin of the head; 3) tefillin of the arm; 4) tzitzit; 5) sukka; 6) lulav; 7) shofar; and 8) counting the Omer. 1

    There are other positive time-bound mitzvot that are incumbent upon women: 1) Eating matza on Pesaĥ night (Pesaĥim 43b); 2) rejoicing on the holidays (Pesaĥim 109a); 3) sanctifying Shabbat (by making kiddush; Berakhot 20b); and 4) affliction on Yom Kippur (Sukka 28b).

    According to most poskim, women are exempt from rabbinic time-bound mitzvot as well, for all laws enacted by the Sages were established to resemble biblical laws. Therefore, women are exempt from the recitation of Hallel on Rosh Ĥodesh. On the other hand, some poskim maintain that women must fulfill the rabbinic time-bound mitzvot. Nonetheless, everyone agrees that mitzvot that were instituted by the Sages as a result of a miraculous event are obligatory for women, for they too participated in the same miracle. These mitzvot are: 1) Four cups of wine on the night of the Seder; 2) reading Megilat Esther on Purim; and 3) lighting Ĥanuka candles. 2

    However, concerning all other mitzvot, there is no difference between men and women, and as explained later in that mishna (Kiddushin 29a), “All positive mitzvot that are not time-bound – both men and women must fulfill.” A few examples include: affixing a mezuza to one’s doorpost, tithing terumot and ma’asrot, and giving loans and tzedaka.

    Further, the Sages say there: “Regarding all negative mitzvot, whether they are time-bound or not time-bound, both women and men are obligated.” For example, women are commanded just like men to heed the prohibition of ĥametz on Pesaĥ and of eating and drinking on Yom Kippur. Despite the fact that these prohibitions are dependent on time, women’s obligation is the same as men’s because they are negative mitzvot (mitzvotlo ta’aseh”).

    Some mitzvot lo ta’aseh pertain solely to men: bal takif (the prohibition against cutting the hair from the corner of one’s head), bal tashĥit (the prohibition against destroying the corners of one’s beard), and the prohibition on kohanim coming into contact with corpses (Kiddushin ad loc.). 3

    In the next chapter, we will explain the reason for the difference between men and women concerning positive time-bound mitzvot.

    1. There are a few other mitzvot from which women are exempt for different reasons: 1. Torah study (for the sake of learning; however, in order to live a life of Torah women must learn. See below 7:2); 2. writing a Torah scroll; 3. betrothal (kiddushin); 4. procreation (these last two mitzvot are actively performed by the man); 5. brit mila (circumcision); and 6. pidyon ha-ben (the redemption of the first-born male). This list is based on Rambam’s Sefer Ha-mitzvot, at the end of his enumeration of the positive mitzvot. However, there is disagreement regarding some of the laws; for example, Sha’agat Aryeh §35 states that women have an obligation to write a Torah scroll.
    2. According to most poskim, including, She’iltot, Tosafot, Ran, Ritva, and Ra’ah, women are exempt from rabbinic time-bound mitzvot, whereas according to Rashi, Rabbeinu Tam, and Manhig, women must fulfill positive time-bound mitzvot instituted by the Sages.
    3. The mishna in Kiddushin discusses individual personal mitzvot that women perform nowadays, but there are other general mitzvot that are different for men and women, such as testifying as a witness, in which only men are obligated, and the mitzva of war for the purpose of conquering our land, which pertains to men, although women are commanded to assist the men in fulfilling that mitzva.

      In contrast, the mitzva of nida (the laws of family purity) pertains solely to women. Furthermore, women possess the initial entitlement to perform certain mitzvot before men, such as hafrashat ĥalla (tithing dough) and lighting Shabbat candles.

    08. Are Women Permitted to Recite Blessings on Time-Bound Mitzvot?

    A woman who wishes to voluntarily fulfill the positive time-bound mitzvot receives reward for doing so, although it is not the same as a man’s reward. As R. Ĥanina states, “Greater is the [reward for] one who is commanded to do and does than one who is not commanded and does” (Kiddushin 31a). Ritva explains that the reason for this is that one who is commanded to perform a mitzva encounters the resistance of his; therefore his reward is greater, as the Sages say, “lefum tza’ara agra” (according to the torment is the reward) (m. Avot 5:23).

    However, the Rishonim disagree about whether a woman may recite a berakha on positive time-bound mitzvot. According to Rambam and several other Rishonim, women are forbidden to do so, for included in the berakha are the words, “Who has sanctified us in His mitzvot and commanded us” (“asher kideshanu be-mitzvotav ve-tzivanu”). How can women say “commanded us” (“ve-tzivanu”) when they were not commanded? Would this not be a needles berakha (berakha le-vatala)? SA 589:6 rules against reciting a berakha, and this is the widespread practice among Sephardim.

    However, according to Rabbeinu Tam and most Rishonim, women may recite berakhot on positive time-bound mitzvot, for indeed, to a certain extent, those mitzvot pertain to them as well, as evidenced by the fact that they receive reward for fulfilling them. Regarding the phrasing of the berakha, there is no concern, because the word in the berakha is not “ve-tzivani (“commanded me,” in the singular), rather “ve-tzivanu” (“commanded us,” in the plural), referring to the entire Jewish people, of which women are part. They may therefore praise and thank God for sanctifying Israel through this mitzva. Rema rules accordingly, and this is the practice among Ashkenazim. 1

    Time-dependent berakhot of praise and thanksgiving, like the berakhot of Pesukei De-zimra and Birkhot Keri’at Shema, may even be recited by Sephardic women, since they do not contain the word “ve-tzivanu,” and indeed there is a mitzva for them to recite these berakhot. Nevertheless, R. Ovadia Yosef maintains that according to Sephardic custom women are not permitted to recite these berakhot because they are exempt from the recitation of those passages of prayer. He therefore asserts that in schools where both Ashkenazic and Sephardic girls study, it is the teachers’ obligation to instruct the Sephardic girls not to recite the conclusion of Birkhot Pesukei De-zimra and Birkhot Keri’at Shema. Still, the opinion of many poskim is that even according to the Sephardic custom it is permissible and even a mitzva for women to recite the Pesukei De-zimra blessings and Birkhot Keri’at Shema since they are berakhot of praise and thanksgiving. This is the common practice, so teachers need not instruct Sephardic girls to practice differently than their Ashkenazic peers, especially when such a thing will lead to confusion in the classroom. 2

    1. It seems that the common practice in medieval France, Germany, and Provence was that women were permitted to recite blessings on positive time-bound mitzvot. This is also the opinion of Rabbeinu Tam (Tosafot, RH 33a; Eruvin 96a), R. Zeraĥya Halevi, Ritz Gi’at, Ramban (on Kiddushin 31a), Ran, Rashba, Ritva, Me’iri, and many others. In contrast, those who maintain that these berakhot should not be recited base themselves on halakhic argument, not on an attempt to justify common practice. Rambam, Smag, and Or Zaru’a thus question how women can say “ve-tzivanu.” Moreover, Raavad and Or Zaru’a further maintain that the halakha is in accordance with the opinion that there is no (voluntary) mitzva for women to perform these actions, and the berakha is therefore prohibited. According to Rid, women should not recite berakhot because if they do, they will consider themselves obligated, thereby transgressing the prohibition of “bal tosif” (adding to the laws of the Torah).

      In practice, SA (589:6), which tends to rule leniently in cases of uncertainty concerning a berakha, states that women must not recite these berakhot, whereas Rema ruled, based on the prevalent Ashkenazic custom, that women do recite a berakha. Even though SA teaches not to recite berakhot on these mitzvot, many Sephardic poskim write, based on prevailing practice, that women do recite berakhot on positive time-bound mitzvot. So state Ĥida and Zekhor Le-Avraham (cited by Kaf Ha-ĥayim 17:4 and 589:23), and Rav Pe’alim, Sod Yesharim 1:12 regarding the berakha on shaking the lulav. This is also how the family of R. Ovadia Hadaya practiced. R. Messas (Shemesh U-magen 2:72:3) writes in Morocco the custom was that women did not recite these berakhot, but a Sephardic woman whose custom was to recite them may continue in her practice. In Yeĥaveh Da’at 1:68 and Yabi’a Omer 1:39-42 and 5:43, R. Ovadia Yosef strongly reinforces the Sephardic custom not to bless and even mentions that there are Ashkenazic poskim who teach not to recite the blessing, among them Ĥakham Zvi and Divrei Ĥayim. In conclusion, every ethnic group should continue to follow its own custom until this matter is resolved by the Sanhedrin, which will be established, with God’s help, speedily in our time.

    2.   Yeĥaveh Da’at 3:3 states that Sephardic women must not recite the berakhot of Pesukei De-zimra and so states Yabi’a Omer 2:6 regarding Birkhot Keri’at Shema, because the law concerning these blessings resembles the law regarding the recitation of berakhot on positive time-bound mitzvot. However, according to many Sephardic poskim (Kaf Ha-ĥayim 70:1; Responsa Or Le-Tziyon part 2, p. 44, which states that R. Ezra Attia, the Rosh Yeshiva of Yeshivat Porat Yosef, rules thus; R. Messas in Shemesh U-magen 3:63:5; Halikhot Shlomo 7:2; Tzitz Eliezer 9:2; R. Ovadia Hadaya, and R. Mordechai Eliyahu), there is a difference between berakhot recited upon the performance of a mitzva and berakhot of praise and thanksgiving; not only are women permitted to recite the latter, but it is even preferable that they do so. That was the practice of righteous women in the past, and that is how women practice in most schools today. This is also the consensus of virtually all Ashkenazic poskim, as outlined in SAH 70:1 and AHS 70:1. MB 70:2 even cites an opinion which states that women are obligated to recite Pesukei De-zimra. Since many Sephardic poskim also maintain that it is best that women recite these berakhot, so as not to augment distinction between the girls and increase dissention between the ethnic groups, it is proper to teach everyone to recite the blessings. Moreover, the principle that we act leniently in uncertain matters of berakhot does not apply where there is a prevailing custom. Nevertheless, girls who know that the women in their family are strict not to recite these berakhot should be strict themselves. Girls who are unsure of their family’s custom should practice like the rest of the girls in their class.

      It is my humble opinion that as a general rule, in a place in which people from all different ethnic communities live together, when there is difference between the different customs of the different ethnic groups, each ethnic group should be instructed to practice according to its own custom, rather than having everyone follow the opinion of the majority of poskim. However, when within one ethnic group the law is settled and in the other there is disagreement, it is best that everyone practices according to the majority, so as not to increase conflict among the Jewish people.

    09. Musaf and Hallel

    It is a biblical commandment to bring additional communal korbanot (sacrificial offerings) on specific special occasions to honor the sanctity of those times. These offerings are called “musafim” (additions). To correspond to these offerings, the Sages instituted the recitation of the Musaf prayer on those days: Shabbat, Rosh Ĥodesh, festivals, and Ĥol Ha-mo’ed.

    The poskim disagree about whether women must pray Musaf. Some say that since in Musaf a request for mercy is made, it is therefore similar to the other obligatory prayers, which are obligatory for women as well according to Ramban. Furthermore, since these prayers were instituted in honor of the sanctity of the day, just like women are commanded to say kiddush on Shabbat, so too they must pray Musaf (Magen Giborim). Others say that because the Musaf prayer is time-dependent, women are exempt (Tzlaĥ). In practice, because this is a rabbinic mitzva, the halakha follows the lenient opinion, and women are not obligated to pray Musaf, although one who wishes to may do so and it is to her credit. On Rosh Hashana and Yom Kippur, it is proper that every woman prays Musaf, since the primary request for mercy on the Days of Awe is made in the Musaf prayer. 1

    The Sages instituted the recitation of Hallel for men on holidays and on Ĥanuka. It is also customary to recite Hallel on Rosh Ĥodesh. Because the recitation of Hallel is dependent on time, women are exempt, although one who wishes to recite it is praised. As noted, Sephardic women do not make a berakha on the Hallel, whereas Ashkenazic women do. 2

    1. The crux of this disagreement may hinge on the dispute between Ramban and Rambam. According to Ramban, women must recite all prayers instituted by the Sages, including Musaf, whereas according to Rambam, they are only obligated in one daily prayer but exempt from Musaf, for which time is a determinative factor. One may argue that even according to Ramban women are exempt from praying Musaf because women are only obligated to recite prayers whose essence is for mercy, and the essence of the Musaf prayer is the fact that it corresponds to the korban musaf and not that it is a request for mercy. Moreover, since the korban musaf was taken from the half-shekel that was given as a donation to the Temple (maĥatzit ha-shekel), and women are exempt from the mitzva to give half a shekel, they are therefore also exempt from praying Musaf. Conversely, one might argue that in Musaf a request for mercy is made and therefore it pertains to women just like men. Furthermore, women also were granted atonement by bringing the musaf offering, and therefore they too must pray Musaf. As a rule we are lenient regarding rabbinic uncertainties, and therefore women are exempt from praying Musaf; however, if they wish to recite it, they may. (Still, Yalkut Yosef part 1, p.187, states that it is best that they fulfill their obligation by hearing the ĥazan recite the prayer, because these berakhot are dependent on time, and according to him, even though they are not technically considered berakhot recited upon mitzvot, it is necessary in this case to be cautious not to recite a berakha le-vatala. Nonetheless, he agrees that if they pray by themselves, they have on whom to rely, especially concerning Musaf of the Days of Awe and  Ne’ila. Kaf Ha-ĥayim 286:7 states that the custom is that women pray Musaf just as they pray Shaĥarit.)
    2. See above n. 9. As noted, even among the Sephardic poskim there are those who maintain that women are permitted to recite a blessing, whereas some Ashkenazic poskim say that it is preferable not to recite a blessing. So state Yaavetz and Yeshu’ot Yaakov 422:6. See below, ch. 23 n. 9.

    10. Torah Reading

    All agree that women are exempt from Torah reading on weekdays and holidays; however, on Shabbat, according to MA 282:6, women must hear the Torah reading, for the Sages instituted that the whole Torah must be heard through the course of the year. Nevertheless, according to the overwhelming majority of poskim, women are exempt from Torah reading on Shabbat, since this is a time-dependent mitzva. This is indeed the practical halakha. Still, if she is able, it is good that a woman hear the Torah reading on Shabbat, since all poskim agree that although she is exempt, if she hears it, she fulfills a mitzva and receives credit for it. 1 (The disagreement about whether a woman must hear Parshat Zakhor will be addressed in 23:5 below.)

    During hagbaha (the lifting of the Torah) it is a mitzva for both men and women to see the script, bow, and recite “Ve-zot ha-Torah…” (“This is the Torah…”) (SA 144:2). Some women are accustomed to acting stringently and refrain from looking at the Torah scroll when menstruating, while others are lenient. Those who wish to be lenient are permitted, since technically there is no prohibition against this. 2

     

    1. Megilla 23a states: “Every Jew can be counted among the seven people called up to the Torah, even a minor and even a woman, but the Sages say that a woman does not read the Torah out of consideration for the dignity of the congregation (kevod ha-tzibur).” MA 282:7 states that from the fact that women can be included in principle among the seven people called up to the Torah, it can be inferred that they are also obligated in Torah reading. This is explained in Sofrim 18:4, where it is implied that they are even obligated to hear the haftara. Even though women are not obligated in the mitzva of Torah study, MA maintains that the Sages also instituted the reading for women so that they will hear the whole Torah, just like they are obligated in the mitzva of hak’hel. However, most poskim disagree, and some reinterpret MA to mean that it is advisable for women to hear the reading but not compulsory. This can be inferred from Tosafot and Rosh, as well as other Rishonim. See also Mor U-ketzi’a and AHS 282:11. MB 12 adds that there are places where women customarily leave the synagogue at the time of Torah reading. 
    2. Rema 88:1 writes that some women customarily do not enter the synagogue during menstruation (yet once the blood ceases, although they have not yet immersed in the mikveh, this stringency does not apply). Some poskim permit everything, and this is the accepted position. Nevertheless, people are stringent in practice, and only on the Days of Awe does everyone customarily attend the synagogue. MB 88:7 states that women customarily attend the synagogue but do not gaze at the Torah scroll while it is being lifted. It is clear that in principle it is permitted for a woman who is menstruating to look at the Torah scroll, SA YD 282:9 states that all people in a state of impurity, even nidot, may hold the Torah scroll and read from it. Many women practice this le-khatĥila and even at the time of their menstrual cycles look at the Torah while it is being lifted. See Yalkut Yosef part 1, p. 135, and below 9:7 n. 5.

    01. Men and Women – Mutually Complementary

    As a rule, there is equality between the sexes. Men and women are all created in the divine image, and the uniqueness of the Jewish people inheres in Jewish women and men alike. The Torah was given to all Israel, men and women alike (see below, 7:1). The Sages derive from the verse “These are the laws that you must set before them” (Shemot 21:1) that “The Torah equated woman to man concerning all the laws in the Torah” (Kiddushin 35a).

    Nonetheless, it is impossible to ignore the specific differences between men and women, whether innate physical and emotional differences or halakhic differences like those regarding positive time-bound mitzvot. These dissimilarities enable man and woman to complement each other.

    In order to unveil the divine ideal in this world, revelation must occur through two complementary facets. Every individual creature is limited, and therefore cannot grasp divine perfection, but the people of Israel as a collective allows divine perfection to be manifest in the world. This indicates the tremendous importance of a unified Israel, because only the Jewish people, in all its components, can receive the Torah and with it rectify the world. Just as there is a difference between souls, so do the words of the Torah have multiple meanings, as it is written: “God said one thing from which I have heard two” (Tehilim 62:12) and: “Indeed, My word is like fire, like a hammer shattering rock” (Yirmiyahu 23:29). The Sages extrapolate, “Just as this hammer fragments into sparks, so too each and every statement that came from God’s mouth refracts into seventy languages” (Shabbat 88b). “Just as this hammer is divided into many fragments, so one verse of scripture generates many meanings (Sanhedrin 34a). Likewise, it is said about the disagreements between Beit Hillel and Beit Shamai, and all other rabbinic disputes, “These and those are the words of the living God” (Eruvin 13b).

    The most significant human reciprocal completion is the one between male and female, for with it human beings can reveal the divine image within them and achieve perfection. Not only concerning humanity, but in all of creation, from the sublime realms down to this earth, there is a division into male and female; neither sex can exist and endure independently, without the completion of the other. This fundamental principle is clarified at length in the wisdom of the Kabbala. That is what R. Elazar meant when he said: “Every man without a woman is not a [complete] person, as it is written: ‘Male and female He created them, and He blessed them and called them man’ (Bereishit 5:2)” (Yevamot 63a). Likewise, the Sages teach us: “Every man without a woman is inundated by unhappiness, without blessing, without goodness…without Torah, without fortification” (Yevamot 62b).

    Just as the dissimilarity between men and women enables them to marry and have children, so too the spiritual and emotional difference between them allows them to unite so that they may complete and enrich one another spiritually.

    Based on this, it is possible to grasp to some extent the basic reason for the halakhic differences between the mitzvot given to men and those given to women.

    02. Why Women Are Exempt from Positive Time-Bound Mitzvot

    The simple and conventional reason why women are exempt from positive time-bound mitzvot is so that they can fulfill their destiny of building the family home. An enormous responsibility is placed upon women: to create and sustain the family, upon which our personal and national future is founded. This responsibility stems from their innate constitution as child-bearers and nursing mothers, as well as from their feminine and maternal character, which possesses unique qualities suitable for building and nurturing a family. The responsibility of managing the house and raising and educating the children often demands a devotion that extends to all hours of the day and night. Were women to be given the responsibility of fulfilling the positive time-bound mitzvot, which require one to cease all regular activity, they would be unable to tend to their family’s needs properly (based on Abudraham and Sefer Ĥasidim §1011).

    This view can also explain why women are exempt from the mitzva of Torah study. Torah study demands a great deal of dedication, both in adolescence, when acquiring the tools for Torah study, and subsequently throughout one’s entire life, when devoting hours every day to Torah study. If women were to be commanded to study Torah, they would not be able to devote themselves to building a family. Although women undoubtedly must learn Torah in order to live by its guidance, they are not obligated to study Torah for the sake of inquiry, theoretical profundity, and comprehensive knowledge. Thus, women are relieved of the constant pressure that accompanies men, who are commanded to commit themselves to continuous advancement in their knowledge of Torah.

    This illustrates the cardinal value of family. In order to foster the family, the Torah exempted women from the mitzva of Torah study and the positive time-bound mitzvot.

    It must be added that the very law that women are exempt from the mitzva of Torah study and time-bound positive mitzvot suggests that women, by nature, have less of a need for those mitzvot and that they can achieve personal completion without them (as will be explained below in section 5; see also Yalkut Shimoni, Shmuel §78). Based on this, we can learn that even a woman who does not bear the burden of family is exempt from these mitzvot.

    03. Intellect and Emotion

    My teacher, R. Zvi Yehuda  Kook, regularly emphasized the principle that men and women are equal. However, after positing that key precept, he would occasionally dwell on the differences between man and woman: “The element of intellect is more discernible in men. By contrast, human emotion is more prominent in women” (Siĥot Ha-Ritzya, Bamidbar p. 413). Of course, men also have feelings and women are also intelligent, but in general men incline more toward the intellect and women toward emotion. This approach has recently been reinforced by various research studies on the brain and mind, from which it emerges that there are two types of intelligence, intellectual (IQ) and emotional (EQ).

    As a result of this distinction, in certain areas the man is more active, whereas the woman is more passive. After the intellect arrives at conclusions, it produces and constructs, whereas emotion is characterized by perceiving impressions from surrounding events; it does not initiate them, rather is impacted by them. Thus, we find that the Torah sages of earlier generations described men as being more inclined to influence and women as being more apt to receive.

    These two complementary traits allow us to connect wholly to the Divine ideal, grow stronger in faith, live a Torah existence, and rectify the world under the Almighty’s sovereignty.

    Through the analytical and discerning intellect, we establish the principles with which we govern our lives, and via spontaneous, raw emotion we are able to better absorb the faith and vitality of the Torah.

    In the following paragraphs I will attempt to further refine this concept based on the words of Rav Kook and his son, R. Zvi Yehuda. 1

    1. For more, see Siĥot Ha-Ritzyah, Bereishit pp. 77-78; Bamidbar pp. 411-416; discourse 9 – man and woman; Olat Re’iyah vol. 1, pp. 71-72; Ein Ayah, Berakhot 7:46. See also Shabbat 33b; Tanĥuma Vayera §22; BM 59a; Nida 45b.

    04. The Virtue of Men and Intellect

    Intelligence is what separates human beings from all other living creatures. It enables man to investigate, reach conclusions, plan action, and make significant changes in the world. It allows people to cooperate, organize themselves as a community, and achieve tremendous accomplishments. Thus, it governs humanity and society. With it, the core principles and fundamental beliefs upon which human life rests are established. From this perspective, intelligence is collective. Emotion, however, is individual, consistent with one’s personal impressions and not in keeping with what general rules and principles dictate. Intellect allots every notion an established universal definition, and when those ideas are perceived emotionally, they indeed refract into innumerable hues, according to each person’s individual character. Even within the same person, ideas are perceived in varying ways, based on shifting moods.

    Based on this, we can understand the virtue of the mitzva of Torah study, which is performed by the intellect. Through meticulous and methodical study, an intellectual Torah worldview, with which it is possible to lead the world and rectify it, takes shape. This is also the purpose of the positive time-bound mitzvot: they champion, in a focused manner, important ideas that guide the people of Israel with their light. The recitation of Shema, for example, reminds us of the fundamentals of Torah and faith; tzitzit remind us of all the mitzvot and make us wary of the evil inclination; thus, all the time-bound mitzvot highlight Torah values that must govern our lives.

    Within this framework, we can also understand why leadership tends to be placed in the hands of men – kings, rabbinical court judges, judges, enforcers, and military men. As the Sages say: “There is no more kosher (upright) a woman among women, than a woman who does the will of her husband” (Eliya Rabba §10; Yalkut Shimoni, Melakhim 42).

    05. The Superiority of Women and Emotion

    By contrast, emotion, which receives and is impressed upon, is able to grasp faith more naturally and spontaneously. From this standpoint, women are closer to the Divine ideal and are more universal. It is through the manifestation of the divine universal, which sustains the world, that all of the fundamental parameters that the intellect discerns and delineates is drawn. This virtue of women is embedded in the material from which she was created. Whereas man was created from dust, woman was created from a more refined substance – man’s rib. Since the substance from which the woman was created is of higher quality, she is more capable of naturally perceiving the divine ideal. Feminine intuition is closer to faith, and therefore even without the intervention of intellectual Torah analysis, and without the mediation of specific time-bound mitzvot, women can connect profoundly to the Torah and its purpose. In contrast, men require the study of Torah and the time-bound mitzvot in order to firmly establish their connection to faith and Torah.

    Likewise, we find that in all the great events which occurred to the Jewish people, the great virtue of women was manifested, for they preceded men in choosing the path of faith. It seems, then, that masculine intellectual analysis is sufficient under normal circumstances; however, where additional spirituality and more faith are required, it is specifically the feminine attributes which are necessary. “R. Akiva preached, ‘In the merit of righteous women, the people of Israel left Egypt’” (Yalkut Shimoni, Tehilim 795, and see Rashi on Shemot 38:8). At the giving of the Torah on Mount Sinai, the women were addressed first (Rashi on Shemot 19:3, based on a midrash). Similarly, we learn how to honor the Torah from women (below, 7:1). Men even learn Torah in the merit of women’s profound insight (see Berakhot 17a and below, 7:1). Additionally, women did not participate in the sin of the Golden Calf (Pirkei De-Rabbi Eliezer §45) or the sin of the Spies (Tanĥuma Pinĥas §7). Concerning the future, the Sages say “Generations are only redeemed in the merit of its righteous women” (Midrash Zuta, Ruth 4:11). 1

    The virtue of woman also finds expression in the holy language of Hebrew. Many universal ideas are expressed in the feminine form: ĥadashot (news), nifla’ot (wonders), netzurot (secrets), and nisgavot (sublime ideas). Also, emuna (faith), Torah, mitzva (commandment), tefila (prayer), segula (uniqueness), Yahadut (Judaism), kehuna (priesthood), and melukha (royalty), are in the feminine form. As noted, this is because the feminine nature is closer to divinity (Siĥot Ha-Ritzya, Bereishit p. 77). 2

    This same trait that enables women to integrate and accept the divine idea also allows them to accept masculine principles and apply them to life. Men are more able to define the ideas, but women are better able to apply them in life. The conception of a fetus originates with the man, but it is the woman who actually develops it in her womb, gives birth to it, nurses it, and raises it. Therefore, women constitute the essence of the home and it is they who merit managing the grand ideal of constructing the family.

    1. It seems that from the standpoint of the human intellectual virtue, men are more universal, whereas from the standpoint of the perception of the divine idea and faith, as expressed via intuitive vitality, women are more universal. Therefore, women grasp momentous historical divine processes to a greater degree.
    2. Perhaps, therefore, when discussing the principle of Jewish tradition, it is said (Mishlei 1:8), “Do not forsake the Torah of your mother,” for the primary building block of education is the construction of the natural universal connection with God and his Torah, a quality more prominent in women. In contrast, the father’s guidance centers on detailed and prescriptive guidelines, and since sometimes it is difficult for one to completely identify with those limiting and restricting teachings, it comes with an aspect of reproof – “Listen, my son, to the rebuke of your father” (ibid.).

    06. A Hierarchy of Virtues

    First there must be an acknowledgment of the value of the Torah and its study and an awareness of the virtue of the time-bound mitzvot, which illuminate every-day life. It is man’s job to be responsible for the preservation of the universal values expressed through these mitzvot, and to declare them publicly at the established times, as the Torah commands. By recognizing the value of the male role, women can transmit the light within these mitzvot to all strata of life.

    At first glance, it seems that the status of men is higher than that of women; men rule and influence while women receive and are acted upon. However, in the longer term, feminine influence becomes stronger. The Sages teach (Bereishit Rabba 17:7), “There is a tale of a ĥasid (pious man) who was married to a certain ĥasida (righteous woman), and they did not have any children together. They said: ‘We are not helping God at all.’ So they got divorced. The man went and married an evil woman who, in turn, made him evil. The woman went and married an evil man and she made him righteous. We thus learn that everything stems from the woman.”

    Man’s human aspects are more pronounced; intellect is indeed the pinnacle of humanity. Woman’s ability to receive divinity is more pronounced. Therefore, even though it is the husband who is commanded to learn Torah and establish the values, the general attitude toward those values is more affected by woman; her righteousness or wickedness radiates onto her husband. In the long term, the broader approach to faith is more influential. Therefore, if the woman is righteous and she and her husband have a good relationship, it follows that her husband will also eventually become a righteous person, and if she is evil, her husband will presumably also be wicked.

    There are allusions to this idea within the mystical tradition: Initially the man’s advantage is more apparent, but in the future, the advantage of women will be more apparent, as alluded in the verse (Yirmiyahu 31:21), “ For God has created something new on earth: A woman courts a man.” In this world, our gaze is external, and therefore the advantages of man, the one who learns and leads, are greater than those of woman. However, in the future we will gain a more profound vision and then the virtue of faith and intuitive perception will be revealed, such that the status of men and women will become equal. In the World to Come, the virtue of faith and the Divine perception will be so evident that the status of woman will be greater than that of man. Even then, there will be a place and a need for learning as well as for rigorous definitions, yet the feminine emotional aspect will take primacy.

    It can be said that after Adam’s original sin and the introduction of the evil inclination into human beings, it is more difficult to rely upon one’s intuition and natural emotions; hence, the primary struggle with the evil inclination is guided by one’s intellect, which must control and direct emotion. However, as the world becomes rectified and faith and morals become a common legacy, the concern that natural emotion will erupt in a misguided and destructive manner lessens. As a result, impediments to emotional expression will be removed, its merit revealed, and with it, the virtue of women.

    We should not say that the World to Come is so remote from us that it has no influence on our lives at all, because even today it is buried deeply inside of us. The external soul corresponds to this world, the internal spirit corresponds to the future, and the innermost soul corresponds to the World to Come. Therefore, even today, the deeper we delve, the more we find women’s influence. However, the arrangement is such that woman’s humility in accepting man’s virtue and influence allows her to express more and more of her own virtue.

    It is possible to expand upon this topic, but this is not the place. We shall only briefly allude to the fact that the relationship between the sun which radiates and the moon which receives resembles the male/female relationship. Initially, they were both equal, but as a result of the moon’s arrogance, it was diminished. However, in truth, at the heart of the matter, its virtue is great, for it receives the light here in this world. To a certain extent, this is also the relationship between the heavens and the earth; at first glance, the skies are more exalted, but upon second glance, the purpose of creation was for the earth and the final outcome was conceived at the outset. This is also the relationship between the tribe of Yehuda and the tribe of Yosef. On one hand, Yehuda reigned; however, the most cherished and beloved son was Yosef, who was beautiful like a woman, and who was capable of revealing all the highest ideals within this world, in beauty and splendor.

    07. Love and Partnership

    On its own, every attribute is deficient. The discerning, studying intellect is liable to lose the vitality that stems from its connection to the divine. Likewise, due to its constant involvement in principles and rules, it is liable to lose touch with real life. In contrast, emotional intuition, when it comes to organize life in the world, is likely to get carried away and err, straying from the precise law.

    Consequently, the task of setting rules and principles was given to men, who are commanded to occupy themselves in Torah and to fulfill positive time-bound mitzvot, thereby laying the foundations of Jewish life. Women, on the other hand, express the general connection to faith and the tangible life of Torah, by virtue of which men connect to natural faith and better comprehend the value of the analytic principles.

    On the surface, it seems that the task of men is more important; on account of these virtues, they are worthy of the mitzva of Torah study as well as the positive time-bound mitzvot, and consequently, men are given leadership and authority. After all, one who is occupied with Torah principles must lead and guide others. However, looking deeper, we see that the value of women is actually greater. Although it is true that men are more engaged with principles and leadership, the building of a family, which is the most significant element in life, was placed in the hands of women. Moreover, the purpose of creation is to receive divine illumination within actual life and to experience it with the utmost intensity. Women are more attuned to this.

    Specifically because of women’s quality of humility, she is able to receive the divine and absorb the illumination that stems from Torah study and from positive time bound mitzvot. This, in turn, enables her to express her great virtues. It is thus no coincidence that man’s virtues are more noticeable, while women’s are internal and concealed. “The king’s daughter is all glorious within” (Psalms 45:14). This also allows us to understand the meaning of the berakha of She’asani Ki-rtzono (as explained below, 6:2).

    When the uniqueness of each sex is blurred or subjected to struggle and hostility, man and woman are unable to make each other more productive. Young couples have difficulty building their families, and existing family structures deteriorate and collapse.

    On the other hand, when we understand the value of each sex, thereby allowing for a greater connection and love, the divine Presence dwells with the couple (Sota 17a), faith and joy increase in the world, and the intellectual and emotional elements develop and integrate. The people of Israel, with all its families, thus continues to grow, speaking God’s praise in the world.

    08. Prayer: Communal and Personal Elements

    Based on what we have learned, it is possible to better comprehend the significance of women’s prayer. Two elements come into play in prayer, one personal and one collective. The personal is the individual’s appeal to the source of life, to her God, to petition Him for mercy. The collective element gives expression to the permanent connection between God and the Jewish people, thereby sanctifying His name in the world and drawing blessings down upon His creation. The collective element of prayer is the perpetuation of the sacrificial rites in the Temple, and therefore the prayers were instituted to correspond to the daily Tamid offerings.

    Sometimes there is some tension between the personal and collective aspects of prayer. From the individual perspective, prayer should theoretically be poured out from the heart with no limitations, without any fixed formulas or set times, so that it can spontaneously and emotionally express one’s yearning and longing to be close to God. That is how people prayed during First Temple era. However, the Men of the Great Assembly, in their enactments, emphasized the collective element, for they understood that without a fixed prayer rite, most people would become stuck in their routines and would not recite even a personal prayer. Moreover, personal feelings are often flawed and deficient. However, when one prays with a community, his prayers are complemented and perfected by virtue of the collective. Therefore they instituted the recital of prayers at set times, corresponding to the bringing of the Tamid offering in the Temple. They established a fixed formula for prayer, including in it all the values important to the people of Israel as a whole. They composed the prayers in the plural and instituted communal prayer – in a synagogue with a minyan – for the essence of Israel’s greatness is that they can express sanctity publicly, thus revealing God’s name in the world and bringing it closer to perfection.

    As a result of the emphasis on the collective and fixed aspects of prayer, the personal component, with its intense and fervent passion, is liable to be pushed aside. This is the meaning of R. Shimon’s warning: “Do not make your prayer fixed, but [make it] a plea for mercy and supplication before God”(Avot 2:13). Rabbi Eliezer similarly said: “If one renders his prayer fixed, his prayer is not supplication” (Berakhot 28b).

    Nevertheless, the Sages emphasized the collective component in their enactment, thereby instituting the fundamentals of faith within life. From this standpoint, prayer is a continuation of the Temple service, and just as the korbanot expressed the connection that the Jewish people and the entire world have with God, so too the prayers give public expression to this connection in every Jewish community. Even in the Temple Mount precincts, there was a synagogue for prayer in the time of the Second Temple. Although this emphasis is likely to result in the sidelining of personal feeling, the general impact of fixed public prayer on the entire world as well as each individual is tremendous. Therefore, the Sages preferred to set a defined framework for prayer (see 1:8 above). 1

    1.   In recent generations, the greatest Ĥasidic leaders tried to find ways to reintroduce long-neglected personal feelings and kavana into prayer, even sacrificing halakhic details to this end. Some introduced melodies into prayer, which is not halachically problematic whatsoever. Others repeated words over and over until they felt that they had enough kavana, a practice which poses a halachic problem. Some would shout their prayers, which also goes against the Sages’ guidance. Some delayed the time of prayers until they felt that they were sufficiently prepared to concentrate properly; if in the interim the deadline for prayer passes, this goes completely against halakha. Still others would pray alone so as to arouse kavana (on the value of minyan, see Peninei Halakha: Prayer 2:1,2, and 5). Consequently, opposition to their practices arose. However, they insisted that individual kavana is so important that they warrant ignoring halakhic details. In actuality, after a few generations, most Ĥasidim returned to observance of halakhic rules in accordance with Jewish tradition.

    09. Women’s Prayer

    In contradistinction to the aforementioned, in women’s prayer, the personal element is more pronounced. Because women are exempt from time-bound positive mitzvot, they do not need to recite Pesukei De-zimra, the Shema and the berakhot associated with it, or the other passages that men recite in their prayers. Although women must use the text of Shemoneh Esrei instituted by the Men of the Great Assembly, since their prayer rite is shorter, there is less concern that routine will erode their kavana. In practice, even with regard to Shemoneh Esrei, women may decide whether to recite it twice daily in accordance with the stringent view, or once daily in accordance with the lenient opinion (see above, 2:5).

    Moreover, since a woman need not pray in a synagogue and with a minyan, she may pray when she feels she will be able have more kavana. Likewise, the pace of her prayer is not dictated by that of the communal prayer. It thus emerges that the personal, petitionary element is more prominent in a women’s prayer. Furthermore, the Sages instituted that men who do not know how to pray may come to synagogue and fulfill their obligation by hearing the ĥazan‘s repetition of the Amida (Ĥazarat Ha-shatz), whereas women who do not know how to pray need not hear Ĥazarat Ha-shatz. The simple explanation for this is that it is impossible to burden women with this, but perhaps in women’s prayer, kavana is more prominent and halakhic details less so. Thus, a woman who does not know how to recite the fixed liturgy may pray in her own words as best as she can, for the essence of women’s prayer is to ask God for mercy. 1

     

    1. According to Ramban, women must pray daily to request mercy on behalf of themselves. Some say, based on a different version of the Gemara, that Rambam agrees. However, the general, public element, corresponding to the Tamid offerings and the sanctity of the Temple (of which the synagogue is a miniature version) is more prominent in the Sages’ enactments for men. Additionally, men must recite the Shema and its berakhot. In contrast, for women, the first principle of prayer – praise, petition, and thanksgiving – remain. We also saw (2:4 above) that women who are preoccupied with raising their children are exempt from prayer, as they cannot have the proper kavana, though for men in the same situation, the poskim are not lenient. Again we find that regarding women there is more of an emphasis on kavana and the request for mercy, whereas concerning men, preservation of the framework for expression of the divine Presence in prayer is preserved.

      This is consistent with what we explained in n. 2, namely, that from an intellectual standpoint, women are more private, but from the aspect of accepting faith, she is more general. The institution of prayer services with a minyan corresponding to the korbanot offers greater expression to the intellectual aspect, imparting the fundamentals of faith in the world, to which men are more suited. In contrast, kavana is more prominent among women and expressed more in personal prayer. This is the mitzva of prayer for women, in which the voluntary element is more prominent. For this reason, many basic principles of prayer were learned from the prayer of Ĥana. For further study see Peninei Halakha: Prayer 2:2, 5 as well as below, ch. 15 n. 1, which notes that women are exempt from reciting the Tamid passage because the obligation of women to pray stems from the need to request mercy, not as a replacement of the Tamid. Mabit (Beit Elokim, Sha’ar He-yesodot ch. 39) explains that until the destruction of the Temple, the divine Presence was revealed through the Temple service, and the individual’s prayer was also heard. After the destruction of the First Temple, the Men of the Great Assembly instituted prayer with a minyan so that the divine Presence would dwell among them, thereby allowing their prayer to be accepted.

    01. Wake Up Like a Lion

    “One must become strong like a lion to arise in the morning to serve his Creator, for he should be the one who awakens the dawn” (SA 1:1). The way one gets up in the morning largely indicates her spiritual and emotional state and influences her functioning throughout the entire day. One who has purpose in life wakes up driven and filled with alacrity to face a new day. She usually wakes up early in the morning so she can accomplish more throughout the day. However, one who has lost her moral bearings and sense of mission has lost the reason for living and has no challenge that makes it worth getting up in the morning. She therefore feels fatigued and distressed in the mornings. Only when left with no choice does she finally wake up, late and sluggish, to another dull and despondent day. Nevertheless, if she were to bolster her faith and arise eagerly, vitality and joy would ignite her spirit, and she would be able to start her day invigorated.

    The Aĥaronim recommend saying Moda Ani, “I thank You, living and eternal King, for You have returned my soul with compassion. Abundant is Your faithfulness” immediately upon waking up  (Seder Ha-yom, aYHaYMB 1:8). Faith gives purpose to life. If God chooses to grant someone life, it means that her existence has great value. From that conviction, one can arise in the morning with enthusiasm and strength. The Sages state that one must wake up like a lion because a lion symbolizes one who has self-esteem and self-respect and uses that insight to courageously overcome all obstacles (see R. Naĥman of Breslov’s Likutei Halakhot ad loc.).

    02. Modesty (Tzni’ut)

    Even when one is alone is her house, it is proper that she acts modestly, and covers her body. She should not say, “Here I am in the privacy of my own room; who can see me?” for God’s honor fills the whole world. She must cover her body in God’s honor and out of respect for the divine image within her. For men, every body part that one usually covers out of respect when he is among family and close friends should also be covered when he is alone. Concerning women, since the rules of modesty are defined – sleeves until the elbow and skirts until below the knee – it is proper to walk around the house in that manner even when no other person is present.

    Similarly, it is inappropriate for girls who live in a same-sex dormitory to walk around in immodest clothing. When getting dressed, it is proper for her to be strict and not change her undergarments in the room. She should change in the bathroom, shower room, or under a cover (Peninei Halakha: Prayer, ch. 7 n. 1).

    Regarding a hair covering for a married woman in her house, some say that since the laws concerning hair-covering are not as strict as those governing the covering of one’s body – after all, it is unnecessary for single women to cover their hair yet they are required to cover their bodies – then as there are no strangers in her home, she may walk around without her hair covered. Other poskim are stringent and rule that she must cover her hair even when she is alone in her house (Peninei Halakha: Collected Essays IIICollected Essays III 3:6:18). However, when she is in her bedroom alone or with her husband while in a state of purity, she need not cover her hair.  

    To explain the idea tzni’ut a bit, it is necessary to begin with the creation of mankind. When created, Adam was pure and clean, both spiritually and physically, and he did not feel any need to cover himself with clothing. However, after his sin, he began to feel ashamed of his nudity. From then on, we all cover our bodies with clothes, especially those parts connected to physical drives and disposal of waste.

    The bare body emphasizes in an extreme manner the materialistic and animalistic side of humans. However, the form of the human body, with all the details and intricacies of its limbs, also contains profound and phenomenal allusions to the soul, which the wisdom of the Kabbala discusses in great length. It is the destiny of the body to actualize all those ideas. However, following the sin, our view became more external. At first glance, we only see the corporeal component of the human body, which causes us to forget its spiritual core. Therefore, it is proper to conceal the body, to better emphasize one’s inner spirituality, which is the source of his allure, and allow refined beauty to extend over his whole body. That is what the Sages allude to when they state that modesty in particular preserves beauty, by the fact that it nourishes its eternal root (see Bamidbar Rabba 1:3).

    As we have learned, the restraint expressed by modesty emphasizes one’s spiritual component. In addition, modesty greatly contributes to the concentration of the body’s vital energies on the reinforcement of the connection between husband and wife. Modesty turns lust into love. Many people incorrectly think that tzni’ut is meant to dull beauty and the joy of life; however, the exact opposite is true. Tzni’ut preserves one’s beauty and vitality for her spouse, with whom one enters a covenant, in order to increase love, devotion, and life.

    03. Getting Dressed and Putting on Shoes: The Practice of the Pious

    The practice of the pious (minhag ĥasidim) is to begin with the right side in all matters, because the Torah attributes more importance to one’s right side (as in the ritual of sprinkling the blood of a leper’s guilt offering onto his right thumb and big toe). According to Kabbala, right signifies lovingkindness (ĥesed), and left signifies judgment (din). By favoring the right, we help ĥesed overcome din. Thus, the scrupulously pious eat with their right hands, wash and anoint the right before the left, and put on the right sleeve, pant leg, and sock before the left. When bathing, they wash the head first, and then wash the right arm before the left arm and the right leg before the left leg. When getting undressed, they first remove the article from the left side. 1

    Concerning shoes, the law is more complex. On one hand, one should begin with the right side. On the other hand, we learn from the mitzva to tie tefillin on one’s left arm, that for all matters involving tying one is to start with the left side. Therefore, one first puts on her shoes, right before left, without tying them, and when tying the laces, she starts with the left and then ties the right (Shabbat 61a; SA 2:4). 2

    One who is left-handed and left-footed begins with the right when she puts her shoes an as well as when she ties them. Since lefties tie tefillin on their right arms, the right takes precedence for tying as well. 3

    The purpose of these practices is to ensure that everything we do, even a routine act like putting on shoes, is done mindfully and meticulously. After all, everyone puts on shoes every day, and if so, why shouldn’t she do it in the most optimal way? Certainly, the order is not a sine qua non; one who puts her shoes on out of order need not take them off to put them on again in the appropriate order.

    Through these halakhot, the Sages teach us to attribute value to every act we perform. This allows us to grasp all the details of the actions that make up our lives more deeply.

     

    1. The order of precedence for washing and anointing is detailed in Shabbat 61a. The order for dressing is detailed in MA and Kaf Ha-ĥayim 2:7, in the name of Sha’ar Ha-kavanot, as well as SAH 2:4 and Kitzur SA 3:4.
    2. Halikhot Beitah 1 n. 14, expresses uncertainty about whether women, who do not put on tefillin, need to ascribe importance to the left side when tying. In his Sha’ashu’ei Zvi §3, R. Zvi Pesaĥ Frank writes that a woman may tie whichever side she prefers first. Even so, it seems that it is better that women also tie the left before the right, since the precedent from tefillin teaches that left precedes right in all matters of tying.

    3. MB 2:6, based on Bekhor Shor (and see Minĥat Yitzĥak 10:1) . This implies, therefore, that concerning putting on other clothing, even a lefty who takes on pious practices should start with her right side, just as blood would be sprinkled on a lefty’s right thumb (based on the opinion of most poskim; see Encyclopedia Talmudit, vol. 1, s.v. “iter”). However, regarding eating, we obviously do not trouble a lefty to eat with his right hand. Regarding the recitation of a berakha, it is the opinion of MB 206:18 (based on several Aĥaronim) that a lefty should hold the object on which he is reciting a berakha in his left hand. The kabbalists maintain that he should hold it in his right hand (Kaf Ha-ĥayim 206:30).

    01. The Morning Netilat Yadayim

    Yisrael 2:29 and Halikhot Shlomo 2:5).

    The essential objective of netilat yadayim before Shaĥarit is cleanliness, as it is written (Tehilim 26:6): “I wash my hands clean,” and as detailed in Berakhot 15a. The reason for washing one’s hands before a meal is purification and sanctification, similar to the washing of the kohanim’s hands in the kiyor (laver) before serving in the Temple. Although there is a difference between the objectives of the two washings, the Sages instituted the morning netilat yadayim based on the model of washing before a meal, and even the berakha has the same wording. Le-khatĥila, when washing in the morning, one should take care that all the necessary requirements for washing one’s hands before a meal are met – that there is at least a revi’it of water, that she washes with a vessel, that there is human force involved in the pouring (ko’aĥ gavra), and that the appearance of the water has not changed. Be-di’avad, even if there is no revi’it of water there, or a vessel, or human force, since the water does in fact clean one for prayer, it is the opinion of SA and Rema that Al Netilat Yadayim is recited. If the appearance of the water has changed and has become unacceptable for washing before a meal, one may use it to wash her hands for Shaĥarit, but instead recite “al nekiyut yadayim” (SA 4:1, 6, 7, and 22). However, MB, 4:7, and BHL state that according to many Aĥaronim, even if the water becomes invalid for washing before a meal, one may recite Al Netilat Yadayim when washing before Shaĥarit because the water does clean her hands enough for prayer. Kaf Ha-ĥayim 4:11 and Halakha Berura 4:12 state that one does not recite a berakha on the morning netilat yadayim if there is anything that renders it invalid for washing before a meal. ]

    02. Ru’aĥ Ra’ah (Evil Spirit)

    In addition to the reasons mentioned, the Sages of the Talmud state (Shabbat 108b) that one must be careful that her hands do not touch her mouth, nose, eyes, or ears before washing her hands in the morning because there is a ru’aĥ ra’ah (evil spirit) which rests upon one’s hands after sleep, and it is likely to damage those organs. Only after she washes her hands three times alternately will the ru’aĥ ra’ah disappear and, subsequently, the danger caused by touching any of her bodily orifices will be eliminated.

    Although the main reason for netilat yadayim is to prepare and sanctify oneself for praying Shaĥarit and for the service of a new day, and it is for this reason that the Sages instituted the berakha of al netilat yadayim, we are also careful about the ru’aĥ ra’ah and therefore take care to wash our hands three times alternately. This means that we first wash the right hand, then the left, then again the right and left, and again right and left.

    Prior to washing, one must take care not to touch those organs that open towards the inside of the body – such as the mouth, nose, ears, and eyes (SA 4:3-4; MB 13). Similarly, one must be careful not to touch food or drink before washing (MB 4:14).

    The Kabbala teaches (see Zohar 1:184b) that at night, when one falls asleep and remains inanimate, without thought or action, she experiences a taste of death and a spirit of impurity (ru’aĥ tum’a) rests upon her. This is in line with the Sages’ statement (Berakhot 57b), that sleep is one-sixtieth of death. The essence of human grandeur lies in the ability to think, feel, and engage in activities leading to the rectification of the world (tikun olam). During sleep, when dormancy spreads throughout the body, one loses, to a certain extent, the image of God (Tzelem Elokim) within her, and ru’aĥ ra’ah rests upon her. When she awakens from her sleep and her consciousness returns, the ru’aĥ ra’ah disappears, remaining solely on the extremities of her hands. By washing one’s hands three times alternately, the spirit of impurity is removed.

    In order to completely eradicate the ru’aĥ ra’ah, one must begin washing her right hand, which symbolizes the attribute of ĥesed. Therefore, one should take the washing cup initially in her right hand and pass it over to her left, so that she pours the water over the right hand first and then the left, continuing this way until she has washed each hand three times (see Kaf Ha-ĥayim 4:12). 

    Some explain that the main damage caused by the ru’aĥ ra’ah is spiritual; if one were to touch her eyes or ears before washing, her inner sense of vision and understanding would be adversely affected, and on that day she would be like a blind and deaf person concerning matters of Torah and faith. Similarly, if she were to touch her mouth or nose, the ru’aĥ ra’ah would harm her spiritual senses of eating and smelling (Kaf Ha-ĥayim 4:19, based on Solet Belula). 

    03. Ru’aĥ Ra’ah Today

    According to Zohar and the kabbalists, one must wash her hands immediately upon waking from her sleep so as not to prolong the ru’aĥ ra’ah upon her hands. They also caution against walking more than four amot before washing one’s hands in the morning. Therefore, one must prepare water before going to sleep and place it near her bed so that she can wash her hands immediately upon rising (Sha’arei Teshuva 1:2). There are those who are lenient regarding this because, in their opinion, the entire house is considered a single space of four amot. As long as one does not leave the house for more than the space of four amot, she is not considered to have walked four amot before washing (Responsa Shevut Yaakov 3:1).

    Others maintain that ru’aĥ ra’ah has been eliminated from this world. Tosafot (Yoma 77b) cites an opinion that ru’aĥ ra’ah does not dwell in “these kingdoms” (France and Germany). Leĥem Mishneh states that it is implied from Rambam, who lived in Spain and Egypt, that he, too, is not concerned about the ru’aĥ ra’ah mentioned in the Talmud (MT, Laws of Observing Yom Kippur 3:2). Maharshal one of the greatest Ashkenazic poskim of the sixteenth century, writes no ru’aĥ ra’ah is found nowadays (Yam Shel Shlomo, Ĥullin 8:31). Several other poskim agree with this approach.

    In earlier generations, spiritual and mystical power was more pronounced and intense. This was expressed on the one hand by the ability to attain greater and more transcendental experiences, emotionally and spiritually, such as prophecy, and on the other hand, by the presence of all sorts of sorcery and impure spirits. Over time, intellectual prowess took center stage at the expense of spiritual forces, and together with the cessation of prophecy, the impure spirits weakened and disappeared; their place was taken by the “evil spirits” of false and deceitful ideas. 

    Furthermore, there is an amazing tradition regarding Count Valentine Potocki, the Polish nobleman who had his heart set on joining the Jewish people and converting to Judaism. Since such a thing was prohibited in his time, he converted secretly and engrossed himself in Torah. Eventually, the Christians captured him and offered him two options: to return to Christianity or to be burned alive. The righteous convert chose to die by fire, thereby publicly sanctifying God’s name. At that moment, Vilna Gaon said that the ru’aĥ ra’ah lost some of its strength, particularly regarding the ru’aĥ ra’ah of the morning. For this reason, the students of the Vilna Gaon are lenient regarding walking four amot before washing.

    In practice, according to Ĥida, MB (1:2), and Ben Ish Ĥai, one should be careful not to walk more than four amot before washing. In contrast, there are poskim who are lenient, whether because the entire house is considered four amot or because today there is no longer any ru’aĥ ra’ah on one’s hands. Therefore, the common custom is to walk more than four amot before washing. However, even according to those who rule leniently, the custom is to be strict about anything mentioned in the Talmud, such as washing one’s hands three times and not touching bodily orifices prior to washing.

    Chapter Contents

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