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04 – The Extent of One’s Obligation to Pray in a Minyan

It is a rabbinic mitzvah (mitzvah mi’drabbanan) to pray in a minyan. The Chachamim obligate a person to make an effort to walk to a minyan, even if it is far from his house, approximately the walking distance of a mil (960 meters or approximately .597 miles), which takes about 18 minutes (Mishnah Berurah 90:52). If he is traveling, and within 72 minutes (approximately the time required to walk four mils) will arrive at a place that has a minyan, even if he planned to stop to rest, he must continue traveling in order to pray in a minyan. However, if the minyan is not on his way, he must only go out of his way up to a walking distance of 18 minutes in order to pray in a minyan (Shulchan Aruch 90:16)

According to many poskim, whoever normally travels by car must, in order to pray, drive to a minyan as far as 18-minutes away. Similarly, someone who is traveling by car and knows that within 72 minutes he will arrive at a place that has a minyan, must continue onward to that minyan (see the note).^[4]

A person, who must urgently secure his business or property or otherwise suffer monetary loss, is permitted to pray individually in order to prevent personal loss. However, businessmen and craftsmen must stop working in order to pray in a minyan, despite the fact that while they go to pray in a minyan they cannot continue to work and make money. Only if a mishap occurs, which if they do not handle, will cause them to lose a great deal of money, in that particular instance, they are permitted to pray individually (Mishnah Berurah 90:29).^[5]

A person who needs to travel in order to attend to urgent matters or for medical care and by praying in a minyan will not arrive at his desired destination on time, is permitted to pray individually, since otherwise he will suffer a loss.

[4]. The question is whether the obligation of a mil is measured by time or distance, and from this we can derive whether or not there is an obligation to travel up to 18 minutes by car to a minyan. The Bei’ur Halachah 163:1, s.v. “B’richuk,” writes regarding attaining water for washing one’s hands (before eating bread) within the walking distance of four mils before him, that we measure by time and not by distance. That is also what is written in the Mishnah Berurah 249:1 concerning traveling on Erev Shabbat. By contrast, the Mishnah Berurah 92:17, on the subject of washing one’s hands before prayer, and 110:30, about tefillat haderech (the traveler’s prayer), writes that it is measured according to distance and that is also what is written in Pitchei Teshuvah, Yoreh De’ah 112:6. Tefillah K’Hilchatah 8:12 and Avnei Yashfeh 6:5-6 maintain that this obligation refers to time and whoever has a car must travel up to 18 minutes. In practice, one who is traveling on his way is obligated to continue up to 72 minutes, which is similar to what is written in Bei’ur Halachah 163:1. However, if he is in his house, there is disagreement as to whether or not he is obligated to travel 18 minutes by car. It is best to be stringent, though those who act according to the lenient opinion have on whom to rely. Nonetheless, all of these laws pertain only to a temporary situation, but in a permanent one, every Jew must set up his home no more than a distance of an 18-minute walk from a synagogue. If he has no choice and is compelled to live farther away, it is proper for him to accept upon himself to walk or drive farther in order to pray in a minyan.

Kaf HaChaim 90:107 writes according to Binyan Olam that within a city, a person must walk more than a mil, and the measure of a mil is specified only when one needs to walk outside the city, as in the laws of techumei Shabbat (Shabbat boundaries). However, the Chayei Adam, Mishnah Berurah 90:52, Aruch HaShulchan 90:20, and many others maintain that even in the city one must walk no more than a mil. Since the mitzvah of a minyan is rabbinic, the halachah goes according to those who are lenient. This refers to walking, but regarding driving there is more room to be stringent, since anyway there are poskim who are stringent about driving and obligate going to a minyan according to time and not distance.

[5]. The Magen Avraham 671:12 writes that when a person is preoccupied with thoughts of his business, he is exempt from going to pray in a minyan. This implies that if an opportunity arises to gain a large sum of money, far beyond what he usually earns, he is permitted to go according to those who are lenient and pray individually. However, even for a great profit he may not conduct business before he recites Shacharit. See Mishnah Berurah 90:29.

05 – Priorities Pertaining to Prayer in a Minyan

A person who finds it difficult to have kavanah when praying in a congregation, but succeeds in retaining the basic kavanah with which he fulfills his obligation, must pray in a minyan, even if he concentrates better while praying individually. As long as he has kavanah for the first berachah of Shemoneh Esrei, he must pray in a minyan (Igrot Moshe, Orach Chaim, part 3, 7). Moreover, in the long-term, consistent praying with a congregation usually strengthens one’s kavanah and connection to matters of sanctity.

A talmid chacham (Torah scholar) whose learning is his profession, must try to pray in a minyan, even though the walk to synagogue to pray in a minyan causes him to lose time from his learning. Though, in principle, he is allowed to pray individually, he must be scrupulous to pray in a congregation, so that people will not learn from him to belittle the matter of communal prayer. Only on rare occasions, when he is in the middle of an important subject of study and the walk to a minyan will greatly disturb his learning, is he permitted to be lenient and pray individually (based on the Rama 90:18).

With regard to one who teaches Torah to others and is unable to both pray in a minyan as well as teach his class, it is better that he pray individually and not cancel his class, for the communal learning of Torah overrides praying in a minyan (Mishnah Berurah 90:56).

It is preferable to pray with a congregation rather than take part in the meal of a brit milah (Kaf HaChaim 90:67). However, in a case in which the host of the seudah (meal) is likely to be insulted if a particular person does not attend, it is better that he pray individually and participate in the seudat mitzvah in order to prevent a rift.

When a person has two options: to pray individually “vatikin” at sunrise (netz) or to pray in a minyan later, most poskim maintain that it is preferable to pray in a minyan (see also further in this book 11:9).^[6]

[6].When the question is whether to pray in a minyan before netz or individually at netz, the Acharonim are divided. I have written in chapter 11, note 12, that on a regular basis it seems preferable to pray in a minyan. When the minyan prays after the conclusion of the first four hours of the day according to the Gra (see further in this book 11:12), then it is preferable to pray individually prior to that time. If the minyan prays within the four hours according to the Gra and after the four hours according to the Magen Avraham, then the Acharonim disagree as to which is better. Even in that case it seems preferable on a regular basis to pray in a minyan.

The Eshel Avraham Butshatsh 102 writes that it is permissible to pass in front of a person praying in order to pray in a minyan and hear Kaddish, but merely in order to pray in one’s own seat, it is forbidden. Additionally, it goes without saying that even when the minyan is conducted in a different nusach, he is required to pray in it, and so writes Avnei Yashfeh 7:17.

06 – Who Can Be Counted in a Minyan?

A minyan is a gathering of ten male Jews of sound mind and responsibility to join together for matters of sanctity. A minor, who is not yet of full sound mind and competence, does not count as part of the minyan. When he reaches the age at which he is obligated to fulfill the mitzvot (bar mitzvah), he is counted as part of the minyan.

There are some Rishonim who maintain that in extenuating circumstances (b’sha’at hadchak), nine adults may include a minor who is holding a Chumash in his hand as part of their minyan. However, in the opinion of most poskim, even in extenuating circumstances, a minor may not be considered part of the minyan, and that is how we practice. Nevertheless, in a situation in which the minyan will be canceled completely unless he is counted, possibly causing some of the members to distance themselves from Judaism, he can be counted as part of the minyan.^[7]

Similarly, a shoteh (deranged person), who is not of sound mind – for example, one who takes off his clothes and ruins them – cannot be counted as part of a minyan. Regarding one who temporarily loses his sanity but afterwards returns to his senses, when he loses his sanity – he cannot be included as part of the minyan and when he regains his sanity – he may be counted (Chagigah 3b; Bei’ur Halachah 55:8). Likewise, one who is drunk like Lot, and does not know what is being done to him, may not be included in a minyan. L’chatchilah, it is preferable not to count a drunken person who is incapable of speaking before the King as part of the minyan (Kaf HaChaim 55:14; and see further in this book 5:11).
Since a person who is deaf-mute does not have a way of communicating with the world, the Chachamim say that he is considered a shoteh and he is exempt from fulfilling the mitzvot. Therefore, he may not be counted as part of the minyan (Chagigah 2b; Shulchan Aruch 55:8). The poskim disagree as to whether or not the status of a deaf-mute person changes, if he was taught to communicate with his surroundings, either by sign language or by reading and writing. Since joining a minyan is a rabbinic mitzvah, the halachah follows those poskim who are lenient, and therefore he may be counted in a minyan.

^[8]

[7]. The Amora’im are divided as to whether or not a minor may be counted as part of the minyan. The Rishonim dispute this as well, as brought in the Beit Yosef, Orach Chaim 55:4. The overwhelming majority of the Rishonim, including the Rambam, Ramban, Rashba, and Rosh, write that he may not be counted. However, Rabbeinu Tam, the Razah, and others write that we may be lenient in extenuating circumstances. Yabia Omer, part 4, 9, summarizes the issue and concludes that it is prohibited for a minor to be included even in extenuating circumstances. Nonetheless, the Maharsham, responsa 3:164, and Igrot Moshe, Orach Chaim, part 2, 18, permit it in extenuating circumstances because the law of prayer in a minyan is rabbinic and in certain situations we can rely on a minority of poskim.
The definition of an adult is one who has reached thirteen years of age and two hairs have grown in. Yet, practically we are not strict about this because praying in a minyan is a rabbinic obligation and we rely on the presumption that he has two hairs. Even if in actuality he does not, perhaps he did and they shed. See Mishnah Berurah 55, passages 31 and 40.

[8]. According to the Tzemach Tzedek 73 and Divrei Chaim, part 2, Even HaEzer, 72, even if the deaf-mute is a very wise person, he is exempt from the mitzvot. According to Maharsham, part 2, 140, and Nachalat Tzvi, he is considered a competent person for all intents and purposes. A few Acharonim write that because minyan is a rabbinic ruling, we may rely on those who are lenient and count him, as it is written in the responsa of Nachalat Binyamin 31 and Yechaveh Da’at 2:6. In a minyan of this kind, it is better not to have the chazan repeat the Amidah, for some poskim maintain that if there are not nine people answering, the berachot are close to being in vain. See further on this topic in Nishmat Avraham, Orach Chaim 1, 55:2, and Encyclopedia of Jewish Medical Ethics, entry “deafness.” Additionally, if the person who is deaf-mute was taught to make sounds that are comprehensible to most people, according to all opinions, he may be counted in a minyan (Halichot Shlomo 22:26).

07 – Is a Person Praying the Amidah Counted as Part of the Minyan?

To comprise a minyan, it is not necessary for all ten men to be able to participate in saying the matters of sanctity. Even when a few of those participating cannot respond to the chazan, they still complete the minyan. For example, if a few of them have not yet finished reciting the Amidah of Ma’ariv, even though they cannot respond to Kaddish and Barchu, the Shechinah dwells among them because there are ten Jews present. As a result, they are permitted to recite matters of sanctity. Likewise, a deaf person who does not hear the chazan, or a mute person who cannot respond, can each still complete a minyan. There must be at least five people present who answer the chazan, since together with the chazan, they make up a majority.

In the opinion of some prominent Acharonim, the ruling that even one who cannot answer may be counted as part of the minyan refers to Kaddish and other matters of sanctity. However, regarding Chazarat HaShatz, it is necessary to have nine people who will actually answer Amen to the chazan, for without nine, his berachot will be in vain (Shulchan Aruch HaRav 55:7; Ben Ish Chai, Vayechi 6). Nonetheless, according to many poskim, although l’chatchilah it is necessary that nine people answer Amen to Chazarat HaShatz, in principle, even those who do not answer Amen count, and the chazan may start Chazarat HaShatz even before all nine have finished praying. Similarly, it is permitted to repeat the Amidah in a minyan in which people regularly engage in idle chatter during Chazarat HaShatz, even if there might not be nine people answering Amen to the berachot, since b’dieved even those who do not answer still count as part of the minyan (Magen Avraham; Eliyah Rabbah).

In order to avoid uncertainty, in a place where many people chatter and there is concern that there will not be nine people answering Amen to the chazan when he repeats the Amidah, the chazan should stipulate in his heart that if the ruling is according to those who maintain that nine people are needed to answer, then his Chazarat HaShatz will be considered a voluntary prayer (tefillat nedavah). Since a person is permitted to pray a voluntary prayer, according to all opinions his berachot will not be in vain (Mishnah Berurah 124:19).^[9]

[9].At first glance it seems that there is a contradiction in what the Shulchan Aruch writes, for in section 55:6-8, he rules that a person who is praying, a person who is sleeping, and a deaf person are also counted in a minyan, despite the fact that they cannot answer Amen after the chazan. Whereas in section 124:4, he writes based on the Rosh, “And if there are not nine people who have kavanah during the chazan’s recital of berachot, his berachot are close to being said in vain.” In the opinion of most poskim, among them Magen Avraham, Derishah, and others, even those who cannot respond to the chazan are counted as part of the minyan. Therefore the Shulchan Aruch emphasizes “are close to being,” meaning that in actuality his berachot are not said in vain. That is what is implied from the Beit Yosef in section 55 who brings the words of the Maharil and the Ram, maintaining that a person who is sleeping and someone who is praying can be counted for Chazarat HaShatz. (There disagreement is about how many people that do not actually answer can be counted. The most lenient opinion allows up to four. Regarding one who is sleeping, we may not be lenient with more than one, Mishnah Berurah 55:32.)In contrast to them, the Taz 55:4 and 124:2 is inclined to say that only those who answer are counted in the minyan. The Graz 55:7 and Ben Ish Chai, Vayechi 6, differentiate between all the matters of sanctity about which the Shulchan Aruch writes in section 55 that even one who does not answer counts, and Chazarat HaShatz about which the Shulchan Aruch writes in section 124 that it is necessary to have nine people answer.

In extenuating circumstances, when there are people who extend their prayers and it is difficult to wait for them to finish, it is possible to heed the advice of the Mishnah Berurah 124:19 – that the chazan stipulates that if the ruling is according to those who maintain that it is necessary for nine people to answer, then his prayer is considered a voluntary prayer (tefillat nedavah). In the Musaf prayer and Shabbat and festival prayers, the chazan cannot make this stipulation because on Shabbat and festivals a voluntary prayer may not be recited. Instead, when he is concerned that nine people will not respond to him, either he should rely on the majority of poskim who say there is no need to have nine people answer or he should not pray the silent Amidah with them and this way he can recite the Amidah repetition without doubt, for he himself is fulfilling his obligation through this prayer.

On weekdays, when the minyan is smaller, we can rely on the advice given further in this book (19:5) that the minyan may pray the abridged Chazarat HaShatz and the chazan recites the first three berachot out loud in order to say Kedushah.

According to almost all opinions, a person who prays word for word with the chazan is counted as part of the minyan even though he does not answer Amen.

08 – Counting a Non-Religious Jew as Part of the Minyan

A Jew who has sinned, for example, by eating forbidden foods, committing adultery, or transgressing other biblical commandments, is still counted as part of the minyan. Despite the fact that he sinned, in his inner core he surely desires to be a part of the holy objectives of Am Yisrael. As the Chachamim say (Sanhedrin 44a), “A Jew, even one who has sinned, is still a Jew.” However, a person who sins in order to purposely incite God’s wrath does not count as part of a minyan, since he himself demonstrates that he does not belong to the Torah or to Israel (Mishnah Berurah 55:46-47).

According to some poskim, one who desecrates the Shabbat in public, even if he does it for his own pleasure, is considered an idol worshiper and does not count as part of the minyan (Mishnah Berurah 55:46). However, in recent generations, a few prominent poskim have taught that if a person who desecrates the Shabbat wants to be part of a minyan, we can include him. This is because today, the status of one who desecrates the Shabbat is different. In the past, when all of Israel observed the Shabbat, anyone who dared to publicly desecrate the Shabbat, even if he did it for his own pleasure, outwardly defied all of Israel and was therefore deemed as one who sins intentionally to arouse anger. However, in recent times, when unfortunately many Jews do not keep the Shabbat, its observance is not a measure of a Jew’s identification with his heritage, and therefore, if he himself wants to be part of the minyan, he may be counted. Still, it is not proper to appoint him as chazan.^[10]

[10].Melamed L’hoil, Orach Chaim 29 and Binyan Tziyon HaChadashot 23 rule to count a person who desecrates the Shabbat as part of a minyan. That is also how my teacher and rabbi, Rav Avraham Elkanah Shapira, ztz”l, ruled in practice. The foundation for their rationale is brought in Igrot Ra’ayah, part 1, 138, that the atmosphere of these generations entices people to sin almost against their will and therefore, sinners today are considered nearly annusim. Similarly, the Chazon Ish, Orach Chaim 87:14 and Yoreh De’ah 2:28, writes that most non-religious Jews have the status of tinok shenishbah (a child who was captured and raised among gentiles) and not mumar lehachis (a sinner who intentionally defies the Torah). Many other Acharonim have also dealt with this issue. There are those who are stringent, see Ishei Yisrael 15:16. Nevertheless, we have already learned that prayer in a minyan is a rabbinic ruling and the halachah goes according to those who are lenient.

09 – How Is a Person Counted in a Minyan?

As we have learned, a minyan is a gathering of ten Jewish males who are of sound mind. In order for them to join as a minyan, they must be together in one place. If nine of them are in the synagogue and one is outside or in an adjacent room, they are not considered a minyan. If the person outside the synagogue is standing next to the door or window, and his face is visible, according to most poskim he can be counted as part of the minyan, because their eye contact unites them. It is not necessary for everyone to see him, rather it is sufficient for only some to see him. Nevertheless, there are poskim who maintain that eye contact cannot be used to link a person to a minyan, and only if he inserts his head into the window will he be considered present with them and thus be counted in the minyan. L’chatchilah, we are to be stringent about this, but in extenuating circumstances, when he cannot come inside and join them, we may rely on most poskim who are lenient and count him as long as his face is visible.^[11]

Someone whose face is not visible to those praying inside the synagogue, but is in the ancillary room of the synagogue, does not complete the minyan. Even so, if a minyan already exists without him, when he prays with them he is considered to be praying in a minyan.^[12]

Ten people who are standing in a field, as long as they can see and hear one another, are considered a minyan (Minchat Yitzchak 2:44).

When there is a minyan of ten inside the synagogue, anyone who hears the chazan may respond. For instance, a sick person who is bedridden and hears the congregation’s prayers from his house, though he is not regarded as one who is praying in a minyan, he may answer Amen, since not even a steel barrier can separate a Jew from the Shechinah that dwells with the minyan (Shulchan Aruch 55:20). Similarly, if he hears the sound of the shofar blowing or the megillah reading from the synagogue, he can have kavanah to fulfill the mitzvah by hearing it.

A person who hears a chazan via a live broadcast on the radio or television may answer Amen after him. However, he cannot fulfill his obligation by listening to the megillah reading on the radio or television, because he is not hearing the actual voice of the chazan himself.^[13]

In summary, there are four levels of joining together for matters of sanctity: 1. When a person is situated in the same place as the people praying or he is visible to them (according to most poskim) he can complete a minyan. 2. A person who is in the ancillary room of the synagogue but is not visible to the people praying cannot complete the minyan. If, however, there is a minyan without him, he is considered to be praying in a minyan. 3. One who is in a different room or outside the synagogue is not considered praying in a minyan, but may fulfill his obligation by hearing the chazan. 4. One who hears the chazan on the radio may answer Amen, but cannot fulfill his obligation by hearing him.

[11]. It is implied in the Shulchan Aruch 55:14, that anyone who is visible, even if he is in a different domain, can be counted. That is what the Beit Yosef says in the name of Orchot Chaim who quotes Rav Hai Gaon and the Rashba. Additionally, it is enough that a few of them can see him, as is clarified in the ruling of zimun (literally, invitation, three people blessing Birkat HaMazon together) Orach Chaim 195:1. However, the Sheyarei Knesset HaGedolah, Hagahot on the Beit Yosef 6, writes that according to the Shulchan Aruch, only if he brings his face into the space of the window can he be counted. So it is written in Kaf HaChaim 55:70, based on some Acharonim. The Mishnah Berurah 55:52 essentially rules according to the lenient opinion, and therefore, one who prays in the women’s section, if his face is visible, is counted as part of the minyan. However, he writes that l’chatchilah it is good to follow the stringent opinion, and hence it is better that he actually enter the synagogue in order to complete the minyan.

[12]. The Mishnah Berurah 55:58 writes, based on the Radbaz, that one who prays in a room in which the only entrance is through the synagogue, even if he is not visible to those praying and therefore does not complete the minyan, he is indeed considered as praying in a minyan since the room in which he is present is ancillary to the room in which they are praying. According to this, a person who prays in the women’s section, even though he does not show his face and he does not complete a minyan, is considered to be praying in a minyan. The reason for this is that the women’s section is auxiliary to the synagogue, and although it has its own separate entrance, in its essence it is subsidiary to the synagogue. However, l’chatchilah, it is good to actually enter the synagogue to pray because there are those who are stringent concerning this matter and do not equate the women’s section with the inner room to which the Radbaz refers (Halichot Shlomo 5:12).

[13]. Yechaveh Da’at 2:68. Ishei Yisrael 15, note 69, writes that Rabbi Shlomo Zalman Auerbach extracts from the Shulchan Aruch that whoever is not present with them “may answer,” but is not obligated to answer. However, in the name of the Chazon Ish, he writes that one is obligated to answer. If there is an idol worshiper or a statue of idol worship standing between the chazan and the one who hears him, or if there is excrement located there, he may not answer Amen after the chazan. But if he listens to the radio, we do not fear that the radio waves pass through filthy places, since the voice is recreated through a receiver. That is also the reason why we may not fulfill our obligation of prayer or hearing megillah reading by listening to the radio, because the sound that is coming out of the radio is considered a different voice.

10 – A Diminished Minyan

When the recital of Kaddish in a minyan has begun, and a few men leave in the middle, if most of the minyan remains (at least six including the chazan) the Kaddish may be completed. This rule applies to all prayers that require a minyan; if they started to pray with ten people and most of the minyan remained, they conclude the prayer that they started, but do not begin a new prayer (Shulchan Aruch 55:2). It is prohibited to walk out and disband the minyan in the middle of matters of sanctity. However, in situations in which it is necessary, one is permitted to leave before the start of the next part of the prayers.

If a minyan began Chazarat HaShatz, and part of the minyan left but most remained, those remaining may say Kedushah and conclude the repetition of the Amidah. However, they do not say Birkat Kohanim because it is a mitzvah by itself. Concerning Kaddish Titkabal after the prayer service, the poskim are divided. The Sephardic custom is not to recite it since it is considered to be the start of a new prayer. According to the Ashkenazic custom it is considered to be the end of the prayer service because in it, we ask that our prayers be accepted. Therefore, in Shacharit and Minchah, if there are ten men at the start of Chazarat HaShatz, they may recite Kaddish Titkabal. (In Shacharit they also recite the Half Kaddish before Ashrei.) In Ma’ariv, if there is a minyan at the beginning of the silent Shemoneh Esrei and six men remain, they recite Kaddish Titkabal (Shulchan Aruch 55:3; Mishnah Berurah there).

01 – The Mitzvah to Pray in a Synagogue

When a person prays in a synagogue with a congregation, his prayer is heard (see Berachot 6a). Even someone who missed praying in a minyan has a mitzvah to pray in the synagogue, since it is a permanent and special place of holiness in where prayer is more accepted (Shulchan Aruch 90:9).

However, when the minyan is held in a different place, it is preferable to pray with the minyan rather than individually in the synagogue. If there is a small minyan in the synagogue and a larger minyan elsewhere, although there is merit to praying in the company of many, the value of praying in a synagogue is greater (Pri Megadim; Mishnah Berurah 90:27-28).

Every community has an obligation to fulfill the mitzvah of building a synagogue which will be their mini-sanctuary (mikdash me’at) and where people can pray in a minyan. As it is written (Ezekiel 11:16), “I have been for them a small sanctuary,” and Rabbi Yitzchak interpreted, “These are synagogues and study halls” (Megillah 29a).

Reish Lakish says whoever has a synagogue in his city and does not pray there is called a bad neighbor. Moreover, he brings exile upon himself and his descendants. Those who arrive early to synagogue to recite Shacharit and are late to leave after praying Ma’ariv merit long life (Berachot 8a; Shulchan Aruch 90:11).

It is a mitzvah to run to synagogue just as it is a mitzvah to run to perform every mitzvah, in order to express one’s passion for matters of sanctity, as it says (Hosea 6:3), “We will race on in order to know Hashem.” Likewise, when one leaves the synagogue, he should walk slowly, so that he not appear happy to leave the synagogue (Shulchan Aruch 90:12).

02 – Establishing a Regular Place to Pray

It is a mitzvah to choose a synagogue and pray there regularly. One should not change his place of prayer needlessly. This was the custom of Avraham Avinu who designated a place to pray, as it is written (Genesis 19:27), “Avraham woke up early in the morning [to go] to the place where he had stood before God,” implying that he had a regular place where he would stand before Hashem. The designation of a place of prayer illustrates that one’s connection to Hashem is absolute. Everything else in the world can change, but one’s connection to Hashem is the most permanent and stable reality and should therefore transpire in a permanent place. The Chachamim say, “Whoever assigns a set place to pray, the God of Avraham helps him, and his enemies fall beneath him” (Berachot 6b, 7b; see Maharal, Netiv HaAvodah, chapter 4).

However, it is not sufficient to designate a synagogue in which to pray. According to most poskim, even within the synagogue, every person must designate a permanent place to pray (Shulchan Aruch 90:19). The primary importance of establishing a place to pray pertains to the recital of the Amidah prayer (Ben Ish Chai, Miketz 4). When there are benches that move back and forth slightly, it is not necessary to measure one’s seat in centimeters, rather the whole radius of four amot (approximately two meters; approx. 6.56 ft) is considered one place. However, when every person has his own chair, l’chatchilah it is best to sit specifically in one’s regular seat and to pray the Amidah near it.^[1]

Sometimes a guest sits in the seat of one who prays in the synagogue regularly. If there is no reason to suspect that the guest will be insulted, he may be asked to move to another seat. However, if there is a chance he may be hurt, it is better to sit elsewhere instead of possibly humiliating him. Ideally, the gabba’im (synagogue coordinators) should greet the guests and find them seats.

The mitzvah to establish a set place to pray does not obligate a Jew to live his whole life in the same location in order to continue praying in his designated seat. Rather, if a person needs to move to another home, or thinks he may be able to pray with more kavanah in a different synagogue, he should change his place of prayer, and choose a new regular seat for himself.

If a minyan does not assemble in one’s regular place of prayer, he should go pray elsewhere, for the virtue of praying in a minyan is more important than the virtue of establishing a regular place to pray.^[2] If, while one is praying in his regular seat, his concentration is disrupted by children playing nearby, it is preferable to switch to a different seat for the duration of that prayer service (Aruch HaShulchan 90:22; Kaf HaChaim 118).

A person who needs to recite Shacharit in one area and Minchah and Ma’ariv in another and designates one place to pray Shacharit and a different place for Minchah and Ma’ariv is still considered one who has established a place for prayer. Similarly, one who needs to designate a place in one synagogue on Shabbat and in another on weekdays is still considered establishing a place for prayer (Halichot Shlomo 5, note 2).

[1]. The Mishnah Berurah 90:60, based on the Magen Avraham, writes that within four amot is considered one place, because ones place cannot be measured exactly. However, it seems that when each person is assigned his own specific seat, the feeling of the permanent place pertains to that particular chair, as is written in the responsa of Yosef Ometz, 30. Nonetheless, if a guest takes a person’s place and there is an empty seat next to him, in order not to make the guest feel bad, he should sit in the empty seat alongside the guest, since as long as he is within four amot, he is considered to be sitting in his regular seat.

[2]. However, the Eshel Avraham Butshatsh, Tinyana Edition, 90:19, is uncertain about this ruling. In extenuating circumstances, one may rely on that uncertainty and pray in his permanent place rather than in a minyan. Also see Halichot Shlomo 5:2, who writes that if a person is late for prayer, it is preferable that he skip Pesukei d’Zimrah in order to pray in his regular synagogue, instead of going to a different place where he could pray all of Pesukei d’Zimrah.

03 – In Which Synagogue Is It Preferable to Pray?

When a person chooses a permanent synagogue, he must take into consideration several factors. If the choice is between a beit midrash (study hall) and a synagogue, it is better that he establish his place in a beit midrash, for it is holier, and prayers recited there are more accepted (Shulchan Aruch 90:18). Even when there are fewer people praying in the beit midrash than in the synagogue, the beit midrash is preferable (Mishnah Berurah 90:55). However, if he cannot assign a set seat for himself in the beit midrash, it is better that he designate a place in the synagogue.

When he has the option of praying in either of two synagogues, he should choose the one that offers more Torah classes, since it is considered more like a beit midrash. In addition, it is preferable to join the congregation that places greater emphasis on Torah study.

If there are two synagogues, one in which many people pray and the other in which few pray, a person should prefer the one with many, for “B’rov am hadrat Melech” (“In a multitude of people is a King’s glory.”) However, if it is difficult to hear the chazan clearly in the larger synagogue, it is better to choose a synagogue in which one can properly hear the chazan (Mishnah Berurah 90:28). Therefore, as a general rule, it is best that synagogues be as large as possible, so as to augment the respect of Heaven. Nevertheless, there is a limit, since when there are more than a few hundred congregants it is difficult to hear the chazan clearly.

If in one synagogue people regularly chatter during prayer and in another they don’t, a person should opt for the synagogue that shows more respect for prayer, for he will be able to concentrate better there (Sefer Chassidim 770).

The most important element of prayer is one’s kavanah. Therefore, above all other rules established by the Chachamim, the place in which one can personally concentrate better is the appropriate place to choose (see Radvaz, part 3, 472).

Similarly, it is proper for a person to pick a synagogue in which the congregation prays in his family’s nusach. However, if he knows that in a different synagogue he will have more kavanah, he should choose the synagogue in which he can have proper kavanah (see further in this book 6:3).

A person is rewarded for every step he takes on his way to synagogue. Therefore, even if the preferred synagogue is farther away from his house, he should not be concerned with the trouble that it takes to walk there, because he is rewarded greatly for each step.^[3]

[3]. We learn about the reward gained for steps taken to come to pray from the story of a widow who walked to Rabbi Yochanan’s distant beit midrash (Sotah 22a). It is implied from many Acharonim, among them the Mishnah Berurah 90:37, that if a person has to choose between two synagogues, all things being equal, there is an enhancement of the mitzvah in opting for the one farther away in order to merit the reward for steps taken. However, some Acharonim write that only if the farther synagogue is preferable anyway – whether it is because it has more people, or because it is a beit midrash, or because he can concentrate better there – he gains the reward for steps taken to walk there. However, when there is no advantage in going to the farther one, he does not receive reward for his steps taken to walk there (Petach Einayim, Sotah 22a; Divrei Malkiel 5:19; Maharshag 1:27).

04 – One May Not Pray in a High Place

A person who stands before HaKadosh Baruch Hu in prayer should know that his life is dependent on Hashem’s kindness, and should therefore stand before Him humbly. That is what the Chachamim meant when they said (Berachot 10b), “A person may not stand on a chair, on a stool, nor on any other high place and pray, because there is no haughtiness before the Omnipresent, as it says (Psalms 130:1), ‘From the depths I called You, Hashem.’” In contrast, a synagogue must be built on the highest location in the city, in order to confer respect and superiority to the synagogue (Shabbat 11a; Peninei Halachah Likutim I 6:4). However, the person praying must stand before God in humility, and therefore standing on a high place is forbidden. The Talmud (Ta’anit 23b) relates a story about Rabbi Yonah who was known as a righteous person whose prayers were answered. When he was requested to pray for rain, he went to a low place in order to fulfill the words, “From the depths I called You, Hashem.” There he prayed until he was answered and rain began to fall. For that reason it is customary in some congregations to lower the chazan’s place, which explains why the chazan is described as “descending before the ark.”

As a rule, the Chachamim prohibited an elevated place higher than three tefachim (24 cm; approx. 9.45 in) above the ground. However, in practice, it is forbidden to pray even on a less elevated place, for two reasons. First, a person standing on a stepstool or rock, even only one tefach in height, is worried about losing his balance and cannot have the proper kavanah while praying. Second, if the floor is even, elevating oneself on pillows, cushions, or anything else, suggests a sense of haughtiness and it is improper to pray in such a manner. Nevertheless, praying on rugs and mats which are normally laid out on the floor is permitted l’chatchilah. Likewise, whoever prays on uneven ground may stand on the elevated parts, as long as they are not three tefachim higher than the rest of their surroundings.^[4]

A sick or elderly person who has trouble getting out of bed may pray in bed, even though it is elevated from the ground.

If the high place stands on its own – for instance, it is wider than four amot by four amot (approximately two meters by two meters or 6.56 ft x 6.56 ft) – one is permitted to pray on it, because it is not measured in relation to other places, rather it is considered its own domain. Therefore, when a synagogue has two levels, if the higher floor is at least four amot by four amot, it is permissible to pray on it.

Even an area which is smaller than four amot is considered to be its own domain if it is surrounded by partitions, and it is permissible to pray on it. This is the law regarding congregations in which it is customary to build a bimah (pulpit) in the center of the synagogue on which the chazan stands. If the bimah is surrounded by partitions, or is larger than four amot by four amot, then it is permissible to pray on it, since we do not measure its height in relation to other parts of the synagogue. However, someone who prays there does not fulfill the enhancement of the mitzvah in the verse, “From the depths I called You, Hashem.” Even so, these congregations prefer to build a bimah for the chazan and forsake the enhancement of “descending before the ark” so that the congregation can hear the chazan’s voice clearly.^[5]

[4]. The poskim are divided regarding whether or not it is permitted to stand on a utensil, bench, or anything similar, less than three tefachim high. The Bach and Taz say it is allowed, while Mahari Abuhav, Eliyah Rabbah, and others maintain that it is prohibited. See the Mishnah Berurah 90:2 and Kaf HaChaim 3. According to all poskim, when there is a feeling of fear and instability one may not pray. If he is on cushions and pillows most poskim say it is prohibited because it looks like haughtiness, as brought by the Mishnah Berurah 614:9 and Kaf HaChaim 21, and even the Bach agrees with this. When the ground is not level, there is no prohibition against praying on any spot lower than three tefachim as long as there is no feeling of instability. B’dieved, even one who prays on a high place (more than three tefachim) fulfills his obligation, as explained by the Pri Megadim, Mishbetzot Zahav 90:1, based on the Rambam. According to this, it is clear why the law permits the chazan to stand on a chair and make his voice heard when necessary (Shulchan Aruch 90:1).

[5]. Kaf HaChaim 90:14 writes that according to the Rambam, the bimah must be surrounded by four partitions, and according to Ben Ish Chai, Yitro 3, three are sufficient. The Aruch HaShulchan 90:3 writes that even if it is only surrounded by partitions on two sides, it is permissible to pray there, for it looks like a place of its own.

05 – One Should Enter Two “Doorways”

The Chachamim teach, “A person should always enter through two doorways in the synagogue… and then pray” (Berachot 8a). There are three interpretations of this statement and all were accepted as halachah (Shulchan Aruch 90:20).

The first explanation of Chazal’s words is that one must enter inside the synagogue at least a distance equal to the width of two small doorways (approximately 64 cm or 25.2 in), since one who prays next to the entrance makes it seem that prayer is a burden to him and that he is standing there in order to leave immediately (Rashi). However, if a person’s permanent seat is near the entrance, he is permitted to pray there, for everyone knows that that is his spot and he is not standing there in order to exit quickly (Talmidei Rabbeinu Yonah).

Based on this, it is clear that l’chatchilah one should not pray in the entrance hall of the synagogue, for if Chazal say not to pray inside the synagogue near the entrance, all the more so, one should not pray in the hallway adjacent to it.

The second explanation is that one should not sit close to the entrance, so as not to look outside and be distracted from ones prayers (Maharam of Rotenberg). Accordingly, it is also not proper to sit next to a window facing outside.

The third explanation is that the person coming to pray must pause a few seconds, equivalent to the amount of time it takes to enter two doorways, before beginning to pray, in order to devote his thoughts to prayer (brought by the Rosh).

Additionally, Chazal’s words here allude to two spiritual doorways through which a person must pass before he starts praying. In the first doorway, he must rid his mind of worldly matters troubling him, and in the second doorway, he must direct his kavanah to serving Hashem (see Maharal Netiv HaAvodah, chapter 5).

06 – Nothing Should Separate a Person from the Wall While Praying

Ideally there should be nothing standing between a person praying the Amidah and the wall, so that nothing distracts him from praying. Permanent furniture standing against the wall, such as a cupboard, is not considered to be a partition, and l’chatchilah, one may pray next to it (Shulchan Aruch 90:21; Mishnah Berurah 63:65).

Pieces of furniture which were made for praying purposes, like tables and shtenders (lecterns), are not considered partitions (Mishnah Berurah 90:66).^[6]

There are those who say that people can also be considered partitions. However, this opinion is nothing more than an enhancement of the mitzvah, for it is impossible for all the congregants in the synagogue to pray facing a wall (see Mishnah Berurah 90:69). Rav Avraham Yitzhak HaCohen Kook, interpreted this ruling as not to pray behind a person who is not engaged in prayer; however, praying behind one who is engaged in prayer is permitted l’chatchilah (Tov Ra’ayah Berachot 5b).

It is not proper to pray in front of artwork lest it be a distraction (Shulchan Aruch 90:23). Therefore, the synagogue wall across from which people pray should not be decorated with artwork. However, if the artwork is above eye level it is permitted, for then there is no concern that people will be distracted by it while praying (Magen Avraham 90:37; Mishnah Berurah 71).

It is permissible to decorate the parochet (curtain) and the aron kodesh in the accepted manner, for people are accustomed to the decorations on them and the artwork does not distract them from praying.

It is forbidden to pray in front of a mirror, so as not to appear as one who is bowing down to his own image. Therefore, even if a person were to close his eyes, it is still forbidden to pray in front of a mirror (Mishnah Berurah 71). L’chatchilah, one should not pray at night in front of a window in which his image is reflected, since looking at his image will likely disturb his kavanah. However, if he were to close his eyes or look into the siddur, he would be permitted to pray there. Since the window does not reflect his image clearly, he does not appear to be bowing down to his reflection. In any case, it is good to install curtains over the windows facing the people praying, in order to cover the windows before the Ma’ariv service.^[7]

[6].The Mishnah Berurah 90:64 writes that even if the object separating the person from the wall is at a distance of four amot from him, it is still considered a partition. However, according to the Pri Megadim and the Magen Giborim, it is not. The Rama 90:20 holds that only something higher than ten tefachim (80 cm; approx. 31.5 in) and wider than four tefachim (30 cm; approx. 11.81 in) can be considered a partition. The Kaf HaChaim writes in the opinion of the Shulchan Aruch that even something smaller than that is a partition. The Mishnah Berurah 68 cites the opinions of the Pri Chadash and Ma’amar Mordechai who also disagree with the Rama.

Regarding what the Taz writes, that all furniture connected to prayer are not considered partitions, the Or L’Tzion, part 2, 7:10, writes that this is true only when they are being used for prayer. However, if a person is not using the shtender in front of him, it is indeed considered a partition. Nevertheless, it is customary not to rule this way since shtenders are made to be used in prayer and they are considered permanent furniture, as written in the Mishnah Berurah 90:68.

[7]. The source for not praying in front of a mirror so as not to appear as bowing down to his own image is in the Radbaz 106. Many Acharonim cite it, including the Mishnah Berurah 90:71 and Kaf HaChaim 138. However, Maharsham in Da’at Torah 90:23 is uncertain regarding this prohibition because when praying in front of a mirror, one’s reflection is also bowing down to him, and therefore he is lenient in extenuating circumstances. As for a window in which the reflection of a person’s image is not clear, even according to the Radbaz, there is no prohibition. So writes Or L’Tzion, part 2, 7:11 and this is what we practice as well. See Yalkut Yosef, part 2, pp. 227-229.

07 – One May Not Pray Near His Primary Rabbi

A person may not recite the Amidah prayer too close to his primary rabbi, for if he prays alongside him, he presents himself as his rabbi’s equal. An even greater prohibition exists against praying in front of one’s rabbi, so as not to appear arrogant (yohara). Nor may one pray behind his rabbi, for should the rabbi finish praying before he does, the rabbi will feel uncomfortable when he cannot take three steps backwards. Furthermore, the student may appear as though he is bowing down to his rabbi (Shulchan Aruch 90:24; Mishnah Berurah 74).

Who is considered a person’s primary rabbi? The one who teaches him most of his wisdom.^[8] The same ruling applies in relation to a prominent Torah leader of the generation.

If the student distances himself by four amot (approximately two meters or 6.56 ft), it is permissible. However, if he prays behind his rabbi, he must distance himself four amot and another three steps (approximately 60 cm or 23.62 in), so that even if he were to extend his prayer, his rabbi would be able to take three steps backwards.

There are those who say that all these rulings refer to a situation in which the rabbi and his student are praying individually, or in a congregation where the student is the one who chooses to pray next to his rabbi. But if the gabba’im seat the student near his rabbi, or if that is the only vacant seat left in the synagogue, he is allowed to pray there, and there is no question of arrogance on the part of the student. In extenuating circumstances, one may rely on this opinion, but l’chatchilah, a person should try not to establish his seat close to his rabbi.^[9]

[8]. His primary rabbi is the person from whom he gained most of his wisdom. The Rambam implies that this means most of his Torah learning. Maharik 169, explains that the person who showed him the path of truth and integrity and taught him how to decide halachic issues is considered his primary rabbi. The Shach, Yoreh De’ah 242:12, based on the Rivash and the Shulchan Aruch, explains that a person can have a number of primary rabbis in different areas of Torah, such as Tanach, Gemara, and Agadah. Similarly, the Aruch HaShulchan 242:19 writes that a person can have a few primary rabbis, one that taught him his comprehensive knowledge, and another, his sharpness, and a third, how to bring matters to a proper halachic conclusion.The responsa of Divrei Malkiel 2:74 clarifies that the entire distinction between a primary rabbi from whom one gained most of his knowledge and a non-primary rabbi only applies when he is not learning from him, but during the time period that a person is learning from a certain rabbi, that teacher has the status of his primary rabbi. According to this, the rosh yeshivah and the ram who teaches him are thought of as his primary rabbis (see the Rama, Yoreh De’ah 242:6). Consequently, the Aruch HaShulchan, Yoreh De’ah 242:29, writes that a primary rabbi who has been appointed the mara d’atra, the local rabbi to teach and to judge, is considered by the people of that place to be the primary rabbi.

[9]. The Rama 90:24 mentions the opinion of the Sefer HaMeorot and Ohel Mo’ed who say that when his permanent seat is near his rabbi, it is permissible. In practice, the Rama writes that it is good to be stringent and not to pray behind one’s rabbi, in order not to cause him grief. However, the custom is to be lenient, as written in the Mishnah Berurah 77. The Bei’ur Halachah cites the Eliyah Rabbah based on the Levush, that in practice it is correct to be stringent. The Beit Yosef writes that the stringent opinion should be taken under consideration with regard to prayer in a congregation (where there are permanent seats) and he therefore does not mention the lenient opinion in the Shulchan Aruch. This is also what the Kaf HaChaim 143 writes.If his rabbi is behind him, the Beit Yosef, Orach Chaim 90:24, writes that one must be stringent even farther away than four amot, since even then this can be expressed as arrogance (yohara) towards his rabbi. The Shulchan Aruch in Orach Chaim does not mention this, but in Yoreh De’ah 242:16, states explicitly that even when his rabbi is behind him, four amot are sufficient. That seems to be the opinion of the Rama as well who refers to Yoreh De’ah. Therefore, in practice, the Shulchan Aruch retracted what he wrote in the Beit Yosef. However, the Kaf HaChaim 144 writes that one should be stringent when he can.Additionally, the ruling regarding one’s father is like the law concerning one’s primary rabbi, as brought by the Mishnah Berurah 73, in the name of the Chayei Adam. However, fathers are usually happy that their children pray next to them. Therefore, anyone who knows that his father wants him to sit next to him is permitted to sit there and fulfills a mitzvah by doing so, for when a father relinquishes his honor, his honor is relinquished. But one may not pray behind his father or in front of him, unless his father explicitly tells him he may pray there.

08 – A Proper Place to Pray

One should pray in a room with windows, and l’chatchilah it is good that a window facing Jerusalem be open (Shulchan Aruch 90:4). When someone is in a place with no windows, he should pray in a well-lit place, since some explain that the reason for praying in a room with windows is that the light settles the thoughts of the person praying (Talmidei Rabbeinu Yonah).

In a synagogue, there are those who enhance the mitzvah by building twelve windows (Shulchan Aruch 90:4). The windows should be high, so that it is possible to see the sky and not see things that may distract people from the prayer service.

A person should not recite the Amidah in open areas, and one who prays in an open place is called insolent (Berachot 34b). The reason for this is that in an open area one’s thoughts scatter, and in a closed and modest place the King’s awe is upon him, and his heart is humbled (Shulchan Aruch 90:5). Furthermore, in an open space, people may pass by him and disturb his concentration.

Those who are traveling are allowed to pray along their way, and if there are trees there, it is better to pray between them (Mishnah Berurah 90:11). Similarly, it is preferable to pray next to a wall and not in a completely open area (Eshel Avraham Butshatsh 90:5). It is even better to pray in a courtyard surrounded by walls, since the main principle is to have a nearby partition, even without a ceiling (Mishnah Berurah 90:12).

One may pray in the plaza of the Kotel (the Western Wall) because it is surrounded by walls on three sides. Moreover, the exalted holiness of the site strengthens one’s love and awe of Hashem causing one’s prayer to be said with more kavanah. Yitzchak Avinu practiced this way as well. He recited Minchah on Mount Moriah, the gateway of prayer, which was then an open field, as it says, “Yitzchak went out to meditate in the field” (Genesis 24:63; Berachot 26b).

When it is not possible to pray in a synagogue, for instance, when it is occupied by a different minyan, it is permitted to pray behind the synagogue, on condition that one faces the direction of the synagogue and Jerusalem. It is also permitted to pray alongside the synagogue when facing Jerusalem. However, it is forbidden to pray in front of the synagogue because if he faces the direction of Jerusalem, his back will be disrespectfully turned towards the synagogue, and if he faces the synagogue, his back will be turned to Jerusalem (Shulchan Aruch 90:7).

09 – Areas Free from Excrement and Foul Odors

It is forbidden to say or think matters of sanctity in a place that contains feces or other foul smells, as it is written (Deuteronomy 23:14-15), “You will return and cover your excrement. This is because God your Lord walks among you in your camp…Your camp must therefore be holy.” This law consists of many details, and we will learn a few of them.

Anything within four amot (approximately two meters or 6.56 ft) of a person is considered to be within the confines of his camp. Hence, if there is excrement in his four amot, his camp is not holy and he is forbidden to pray there. If the excrement is in front of him, as long as he sees it, he is not allowed to pray. If the smell spreads, he must distance himself by four amot from where the smell ends.^[10] Even one whose sense of smell is impaired is required to distance himself like others who smell the odor (Shulchan Aruch 79:1).

The above law regarding human excrement applies to anything rancid whose stench causes people to be revolted. Therefore, one must distance himself from a carcass and from malodorous animal excrement, just as he must distance himself from human feces (Mishnah Berurah 79:23). Foul-smelling vomit follows the same law as excrement. But if the vomit does not smell bad, there are those who are lenient and do not consider it like feces (see Mishnah Berurah 76:20 and Ishei Yisrael 51:12).

If a person recited Shema or the Amidah within four amot of feces, he did not fulfill his obligation and the Shema or the Amidah must be repeated. Even if he was unaware that there was excrement there, but there was a fair chance that the place would contain excrement, and he neglected to check its cleanliness before beginning to pray, he did not fulfill his obligation. However, if the place was unlikely to contain excrement, b’dieved he fulfilled his obligation (Shulchan Aruch 76:8; Mishnah Berurah 31).

The poskim are divided regarding a person who recited the berachot of Keriat Shema and other berachot within four amot of excrement. Some say that because he transgressed a biblical prohibition, he did not fulfill his obligation and he must go back and recite the berachot again (Mishnah Berurah 185:7; Bei’ur Halachah there). Others maintain that it is only necessary to be stringent concerning the recital of Shema and the Amidah, but concerning other berachot, b’dieved he fulfilled his obligation (Chayei Adam 3:33; Kitzur Shulchan Aruch 5:10; Kaf HaChaim 76:37, 185:14). Since it is a matter of dispute, one may not go back and repeat the berachah.

[10]. When the odor spreads to another domain, or when the excrement is covered (for example, feces in a diaper), it is forbidden to recite matters of sanctity in any place that it can be smelled. The poskim disagree as to whether or not one must move four amot away from the place that the smell dissipated. The Rashba says that it is not necessary to move four amot away because it is considered a foul odor that does not have substance, but according to the Roke’ach, it is a bad smell that does have substance. The Acharonim also differ on this matter. (The Yalkut Yosef, part 1, p. 130, note 16 writes that one may be lenient, for that is the opinion of most Acharonim.) Additionally, see the Mishnah Berurah’s introduction to section 79, the seventh law, as well as Mishnah Berurah 79:17, 76:3, and Kaf HaChaim 79:1, where it is implied that l’chatchilah one should be stringent.

10 – Additional Laws

A person is permitted to pray facing the bathroom, as long as the door is closed and no foul odor reaches him. However, if the door is open, he is prohibited from praying there (Mishnah Berurah 83:5).

Feces of young infants do not emit a stench and therefore the law regarding them is unlike that of excrement. When a child reaches the age that he can eat a kezayit (an olive’s volume of food) produced from grain in the amount of time it takes to eat half a loaf of bread (approximately 6-7 minutes), it is necessary to distance oneself from his excrement, just as one is obligated to do regarding an adult’s feces (Shulchan Aruch 81:1). There are those who write that this starts at one year of age. All this pertains to extenuating circumstances; l’chatchilah it is good to distance oneself from the excrement of a baby of any age, even one who is eight days old (Mishnah Berurah 81:3; Kaf HaChaim 1:6).

When praying near a baby at least one year old who defecates in his diaper, it is proper to initially verify that no foul odor is present. As long as no foul odor exists, it is permissible to pray next to him, for even if he did defecate, since he is covered in a diaper and clothing, and no scent reaches the person reciting matters of sanctity, there is no prohibition to pray there (see Halichot Shlomo, Tefillah 20:4-5). If a bad smell did reach the one praying and despite this he continued to pray, he must go back and repeat his prayer.

At times, a sewer near the synagogue emits a bad smell which may reach the synagogue, in which case it is prohibited to pray inside. Occasionally, closing the windows that face the sewer helps, but when the foul odor lingers, spraying air freshener can be used to eliminate it. In the past, people would offset the smell by burning a garment (Kaf HaChaim 79:20).

The laws concerning distancing oneself from different odors depend on the accepted local norms. In the past, sewage, including feces and urine, would flow down the sides of the streets and the air in the densely populated cities was full of foul odors. Even so, prayers would be recited in the synagogues and in the houses near the sewage canals. Because everyone was accustomed to them, those routine smells were not considered foul. Only on summer days, or when the sewage canals were blocked, would the foul odor intensify and people would not pray where it existed (see Mishnah Berurah 79:5). However, nowadays, sewage is drained, the air is purer, and we are more sensitive to bad smells, hence, wherever we sense a foul odor by today’s standards, it is forbidden to pray.

In rural areas with barns, the smell that wafts from the barns to the houses and the synagogue is not offensive to those who live there. However, in the city, this odor may be considered foul, and it would be prohibited to pray as long as it persists. Those who are guests in communities like these should follow the custom of the place.

People who pray outside must be careful not to pray in close proximity to garbage bins that smell. Even when the garbage cans do not emit a foul odor, it is proper not to pray within four amot of them or when they are directly in front of the person.

11 – The Prohibition of Reciting Matters of Sanctity in Front of “Ervah”

It is prohibited to recite matters of sanctity in front of ervah (nakedness), as it says (Deuteronomy 23:15), “Your camp must be holy. Let Him not see any ervah among you and turn away from you.” Regarding a man who sees another man, or a woman who sees another woman, it is prohibited to recite matters of sanctity only in front of the specific organs of ervah itself (the private organs). However, concerning a man who sees a woman, the Chachamim teach (Berachot 24b), “A tefach of a woman is considered ervah.” What they meant is that it is forbidden to reveal any part of a woman’s body which is normally covered, and that if a part is exposed, one is prohibited from reciting matters of sanctity in front of it. (The specifications of this law are explained in Shulchan Aruch, Orach Chaim section 75 and in Penieni Halachah, Likutim Mishpachah 6:3-6).

Although we must educate girls to dress modestly starting from a young age, the prohibition against reciting matters of sanctity in front of a tefach that is normally covered begins from the time the girl starts to mature.

Likewise, regarding the hair on one’s head, the Chachamim teach (Berachot 24a), “A woman’s hair is ervah.” This refers to a married woman, for if her hair is not covered, one may not recite matters of sanctity before her. (The specifications concerning the laws of hair covering are clarified in Peninei Halachah, Likutim Mishpachah 6:14-15.)

Regarding one who must pray, recite berachot, or learn Torah, and there is a woman facing him who is revealing a tefach of areas that are normally covered, l’chatchilah, he should turn away so that he cannot see her. If he cannot turn away, he must look into his siddur, or close his eyes, and only then say the matters of sanctity (Shulchan Aruch 75:6; Mishnah Berurah, paragraphs 1 and 29).

Concerning hair covering, some Acharonim write that since, unfortunately, many married woman do not cover their hair, uncovered hair does not arouse impure thoughts, and b’dieved one may recite matters of sanctity in front of it. This only pertains to hair, regarding which the rule is more lenient than other normally covered parts, as single women are not obligated to cover their hair. However, concerning the normally covered parts of the body, as we have learned, one may not be lenient. Only in extenuating circumstances may one close his eyes or look in a siddur without looking at the exposed part (Aruch HaShulchan 75:7; Ben Ish Chai, Bo 12; Igrot Moshe, part 1, 44; see Peninei Halachah, Likutim Mishpachah 6:16).

Similarly, one may not recite matters of sanctity near a woman who is singing (Shulchan Aruch 75:3). However, according to some Acharonim, b’dieved, hearing a female singer on the radio does not prohibit reciting matters of sanctity (see Peninei Halachah ibid., 6:11).

01 – An Appropriate Prayer Leader

The chazan leads the prayer service. Sometimes, the whole congregation says the prayers together with him while he sets the pace; other times, he recites the prayers and the congregation responds Amen, such as in Chazarat HaShatz (repetition of the Amidah) and the recital of the Kaddish prayers. Hence, the chazan must be an upright, highly regarded, humble, amiable person, who has a pleasant voice and is accustomed to reading the Torah, Nevi’im (Prophets) and Ketuvim (Sacred Writings) (Ta’anit 16a; Shulchan Aruch 53:4).

We must be especially meticulous about this on the High Holy Days, and on fast days, when we pray to Hashem and beg Him to forgive us for our sins, save us from our troubles, and bring our redemption closer. For if there is fault in the chazan, the congregation’s prayer will not ascend properly (Rama 581:1).

During Chazal’s time, it was forbidden to write siddurim because only the written Torah (Torah Shebichtav) was permitted to be written down. Anything that was transmitted by word of mouth, including the prayers and blessings instituted by the Chachamim, was forbidden to be put into writing (Temurah 14b). At that time the chazan’s task was very important because all the prayers had to be recited aloud in order to fulfill the obligations of the congregation. Therefore, the congregation designated one chazan for this honorable task, and all the laws that apply to appointing the chazan on fast days also pertained to the regular chazan. L’chatchilah, each and every person in the congregation would have to agree to the chazan‘s appointment, since he fulfilled everyone’s obligation. However, today, when everyone has a siddur, the chazan‘s job is less important and selecting a permanent chazan for the whole year is no longer customary. Instead, every day a different person can lead the prayer service; therefore we are less meticulous in choosing a chazan (Shulchan Aruch 53:19; Mishnah Berurah 53:53).

Even so, when appointing chazanim, the gabba’im (synagogue coordinators) must try to choose decent people who abide by the Torah and observe the mitzvot. They should be people whom the congregation agrees to have as its prayer leaders, for the chazanim are the ones who repeat the Amidah and recite the Kaddish prayers on its behalf (see Kaf HaChaim 53:86). Additionally, on Shabbat and festivals, when it is customary that the chazanim sing and chant part of the prayer service, the chazanim should be musically gifted with pleasant voices.

02 – Chazanut for the Sake of Heaven

While singing, the chazanim must have kavanah for the sake of Heaven, but if they prolong their chazanut (cantillation) and their only intention is to show off their beautiful voices, the Torah writes about them, “It raises its voice against Me, therefore I have hated it” (Jeremiah 12:8). They are using the holy prayer service to arrogantly boast as if on a stage. Even a person whose only intent is for the sake of Heaven should not excessively extend his cantillation so as not to burden the congregation (Rashba; Shulchan Aruch 53:11).

While chanting the prayers, the chazanim are prohibited from repeating any words of the berachot and Kaddish, because doing so changes the nusach that the Chachamim established. If the repetition of the words alters the meaning of the berachah, those words are considered to be an interruption (hefsek) and the chazan must recite the berachah again from the beginning. However, if the meaning does not change, b’dieved he does not need to recite the berachah again, because he did not interrupt its recital with another matter (see Igrot Moshe, Orach Chaim, part 2, 22; Yabia Omer, part 6, 7).

One must be strict not to appoint a singer who is accustomed to singing indecent songs to be a regular chazan, or a chazan for the High Holy Days (Rama 53:25).

The poskim disagree whether or not it is permitted to use melodies of offensive songs for prayers and liturgy. In practice, when the congregation is not familiar with the vulgar song’s lyrics, it is customary to be lenient and adjust the melody to suit the prayer. But if the congregation recognizes the song, its tune may not be used for prayer, because when people sing it, they will be reminded of the crude theme of the song and their concentration is likely to be disrupted.^[1]

[1]. Yabia Omer, part 6, Orach Chaim 7, summarizes that according to the Ma’aseh Roke’ach and Rabbi Chaim Palaggi , it is forbidden to use non-Jewish tunes for prayer. By contrast, Maharam Lunzanu and the Birkei Yosef (section 570) permit it, and this was done by many great Jewish leaders. That is also what the Yabia Omer rules in practice. Still, the Tzitz Eliezer 13, 12 is stringent in this matter. Regarding melodies that were composed for the sake of idol worship, most poskim rule stringently (Sefer Chassidim 238; Bach, old responsa 127). However, the responsa of Krach shel Romi is lenient and relays that there were prominent leaders who listened to Christian melodies and employed them even for the High Holy Days’ prayers, but as mentioned, most poskim are stringent against this. See Tzitz Eliezer there, who emerges strongly against his words. In summary, most poskim are of the opinion that if the secular vulgar songs are not familiar to the congregation, there is no prohibition against using their melodies. However, melodies of decent secular songs, although recognized, are permissible to use.

03 – Appointing a Chazan

The chazan is the emissary of the congregation, and therefore a person is prohibited from taking hold of the chazanut unless he is asked to do so by the congregation or by the gabbai as its representative. Hence, one may not respond Amen to a person who appointed himself to be chazan against the congregation’s wishes (Rama 53:22).

When the gabbai asks someone in the congregation to lead the prayer service, it is polite to initially decline, so as not to appear as one who desires to flaunt his voice. However, when the gabbai insists, he should prepare himself to ascend, but wait to see if there is another person more appropriate than he. If he is asked a third time, he should comply and begin to pray. However, if an important person asks him to ascend, he should accept immediately, for it is not proper to refuse a distinguished individual (Shulchan Aruch 53:16). Additionally, when the gabbai asks a person who declined in the previous prayer service to ascend, he should consider it a second request and ready himself to stand, but wait to see that there is no one more appropriate. If asked again, he should concur immediately.

If a person is able to lead the prayer service but declines more than the Chachamim instructed, he offends the respect due to the prayer and to Heaven (kevod Shamayim). Likewise, a person whom Hashem endowed with a talent for singing and a pleasant voice should not decline on Shabbat and festivals since the prayers on those days are rich with song and melody. If he refuses to pray out of stubbornness or laziness, and does not praise Hashem with his voice, it would have been better for him not to have come into this world (Sefer Chassidim 768). The Chachamim said about Navot the Israelite, who had an exceptionally pleasant voice, that he would ascend to the Temple in Jerusalem for the three pilgrimage festivals (shalosh regalim) and all of Israel would gather to hear him. The one time he stayed home to guard his vineyard, he was punished – lawless people testified that he rebelled against the king and he was put to death (Pesikta Rabbati 25).

04 – Indecent Attire and the Importance of a Beard

The Chachamim say (Megillah 24a) that a poche’ach, a person whose clothes do not cover his body in a respectable manner, may not read from the Torah nor lead the prayer service. Therefore, a person wearing a sleeveless shirt or shorts may not be appointed chazan.

If his sleeves are very short and do not reach near his elbow, he should cover his arms until his elbow with his tallit. However, one whose short sleeves almost reach his elbow may serve as chazan.^[2]

Likewise, the Chachamim state that a person whose beard is not yet full may not be appointed a regular chazan, since it is disrespectful towards the congregation and the prayer service to select someone who has not yet completely matured. However, on a temporary basis, even an adolescent whose beard has not yet started to grow may lead the prayer service.

An eighteen year-old whose beard has started to grow slightly may be appointed a regular chazan. Similarly, appointing a twenty year-old whose beard has not yet sprouted is permissible, since it is clear to all that he is an adult and there is no disgrace to the congregation or to the prayer service (Shulchan Aruch 53:6-8).

Based on this, some Acharonim write (Pri Megadim; Bei’ur Halachah) that a young boy who has lost one of his parents may not be a regular chazan for Shacharit and Minchah, rather he should suffice with saying Kaddish. But for Ma’ariv, in which there is no Chazarat HaShatz, even one whose beard has not yet grown in completely may lead the prayer service regularly.^[3]

[2].Rashi interprets “poche’ach” as one whose thighs are showing. It is from here we learn that one’s legs must be covered at least until the knee. I do not distinguish here between above the knee and below it, because today most people do not usually stand in front of important individuals with knee-length pants, and therefore the chazan is prohibited from wearing such pants. However, in kibbutzim or youth organizations, where the people regularly wear shorts even when they approach respected people, it is permissible for the chazan to wear pants that only reach the knee.

Concerning the upper limbs: The Rif, Rambam, and Tur maintain that a poche’ach is one whose shoulders are exposed. Therefore, if one wears a shirt with very short sleeves yet his shoulders are covered, he may be appointed chazan. That is how the Mishnah Berurah 53:39 rules. However, the Shulchan Aruch 53:13 rules based on the Itur, and so rules the Bach, that even if one’s arms are showing, he is considered a poche’ach. According to this, the chazan must be wearing sleeves that reach his elbow. However, it seems that even according to the Shulchan Aruch it is not necessary to measure exactly, but near the elbow is also considered until the elbow itself. There are those who are stringent that the chazan must wear long sleeves because it is accepted and modest to go before prominent people in that manner (Yaskil Avdi, part 7, p. 329). Nevertheless, since the Rif, Rambam, and most poskim are completely lenient regarding arms, one may be lenient and permit sleeves that reach close to the elbow. Those who seek to glorify the mitzvah cover their entire arm with a long sleeve. My rabbi and teacher, HaRav Tzvi Yehudah HaKohen Kook, would meticulously insist that the chazanim wore long sleeves.

[3].In Chullin 24b it is written, “Once a person’s beard has filled in he is fit to become an emissary of the community and descend before the ark.” The Tosafot ask: but didn’t we learn in Megillah 24a that even a 13-year-old boy may descend before the ark? They answer that he may be a chazan temporarily, but not on a regular basis, nor for fast days. That is also the opinion of most of the Rishonim. However, the Ramban and the Ran maintain that one whose beard has not yet filled in may not serve as chazan even temporarily, and only if no one else there can lead, a 13-year-old may be appointed. Additionally, although one who shaves is considered someone whose beard has filled in, my rabbi and teacher, Rav Tzvi Yehudah Kook, was accustomed to enhance the mitzvah by only appointing a fully bearded person to be chazan. (Perhaps in doing so he also intended to encourage the yeshiva boys to grow beards of their own).

Concerning a young boy who is mourning the death of one of his parents, the Pri Megadim and Bei’ur Halachah 53:6 s.v. “Yuchal,” write that he may not be a regular chazan. Shut Shivat Tzion 18 writes that where he lived the minhag was not to be strict about this. Instead they let the mourning youths lead the services throughout the whole year, since the congregation relinquishes its honor. However, it should be noted that only according to the Rambam a congregation can relinquish its honor, but according to the Rosh, a congregation does not have the authority to do so (because there is also the matter of the respect of Heaven, kevod Shamayim). Furthermore, the Acharonim discuss the case of a yeshiva of young adults. Beit Baruch 29:45 maintains that because all of them are young, they surely relinquish their honor. Again, his words are justified based solely on the opinion of the Rambam. Moreover, if there are 15 and 16-year-olds present, there are almost always some there whose beards have filled in. Since this is a matter of uncertainty, the rabbi of the yeshiva must determine what is best according to the situation at hand.

The Magen Avraham, brought by the Mishnah Berurah 53:25, writes that it is not necessary to testify whether or not a 13-year-old has two hairs, for we rely on the presumption (chazakah) that he has. However, the Pri Megadim writes that according to the Rambam, who maintains that prayer is a biblical commandment, testimony is necessary. Nevertheless, it seems that since today the chazan does not fulfill a person’s obligation to pray for him, all poskim agree that testimony is unnecessary.

05 – The Mourner’s Prayer

A person mourning the death of one of his parents says Kaddish during the first year. Saying Kaddish is of great value to the deceased; it saves him from the judgment of Gehinnom, for since his son, whom he left behind in this world, is sanctifying God by reciting this prayer, his merits increase. One must say Kaddish even for completely righteous parents, as well as for someone who was killed for the sanctification of God’s Name. Concerning righteous parents, though they are already promised life in the next world, their sons’ Kaddish elevates their souls and causes them to be at peace. Certainly, one must recite Kaddish for evil parents since they are in great need of Kaddish which diminishes the judgment of Gehinnom. We even say Kaddish for someone who committed suicide. Although the Chachamim teach that we do not mourn for him and he does not have a share in the next life, the Kaddish that his sons recite for him helps repair his soul slightly.^[4]

If the son knows how to lead the services, he should be the chazan on weekdays, since this benefits the deceased even more. If it is difficult for him, he should try to lead the prayer service from Ashrei after Tachanun until the end of the service. It is especially good for him to be the chazan for Ma’ariv, since at that time the judgments from Gehinnom intensify. This is particularly true on Motza’ei Shabbat, when the souls return to Gehinnom after their respite during Shabbat. It is important to note that according to the Ashkenazic minhag, on Shabbat and festivals, those in mourning say Kaddish but do not lead the services (Rama, Yoreh De’ah 376:4). Even on Rosh Chodesh and Chanukah, it is customary that the mourners do not lead the services.^[5]

This only applies when the son knows how to be the chazan, but if he does not know how to say the words properly, or his voice is unusual, or he excessively shortens or extends his prayer, it is preferable for him not to be the chazan. Rather, he should suffice with saying Kaddish. If he insists on being chazan against the wishes of the congregation, instead of sanctifying God’s Name, he desecrates the Name of Heaven and causes pain to the deceased. In general, mourners must know that despite the importance of serving as the chazan and the recital of Kaddish, the most meaningful and beneficial acts children can do in order to aid the ascent of their dead parents’ souls are to increase their Torah learning, their giving of charity, and their fulfillment of other mitzvot.

There were certain communities in which, over time, more and more people did not know how to lead the prayer service, and therefore they established that mourners should not lead the services. However, for Ma’ariv, it is proper not to prevent mourners who are capable of being chazanim from leading the prayer service (Mishnah Berurah 53:61).

[4].In Masechet Sofrim, chapter 19, it is written that people in mourning say Kaddish. Or Zarua, part 2, end of section 50, brings a story about a dead person who suffered greatly because of the sins he committed while he was alive. Rabbi Akiva saw him and wanted to save him from his suffering. He found out that he had a son who was completely uneducated, so Rabbi Akiva put great effort into teaching him until he could say Kaddish for his father. Afterwards, the dead person appeared to Rabbi Akiva and said to him, “Rabbi, let your mind be at ease in the Garden of Eden just like you put my mind to rest and saved me from the judgment of Gehinnom.” Here we see that the Kaddish indeed helps evil people (Beit Yosef, Yoreh De’ah 376). The Chatam Sofer (Even HaEzer, end of section 69), writes that a person who commits suicide does not have a share in the World to Come, but can be saved from the judgment of Gehinnom through prayer, in the same manner that David prayed for his son Avshalom (See Yabia Omer part 6, Yoreh De’ah 36). On a parallel but distinct note, the Maharil (responsa 96) writes that Kaddish is said for righteous people as well.

One who needs to say Kaddish but arrives late to pray: if the congregation finished the Shir Shel Yom (Psalm of the Day) while he is still in the middle of saying Pesukei d’Zimrah, he may interrupt to recite Mourner’s Kaddish, if there will not be another chance to say it. However, for Kaddish d’Rabbanan one may not interrupt (Maharshag 1:48; Yabia Omer, part 7, 10).

[5]. The Bei’ur Halachah section 132 writes that on days that we do not say Lamenatze’ach, mourners do not lead the prayer service (Maharil 22). By contrast, the Mishnah Berurah writes in section 581:7 that on Rosh Chodesh a mourner may lead the Shacharit, Minchah, and Ma’ariv services, but for Hallel and Musaf, someone else should be the chazan. However, he wrote regarding Chanukah in section 683:1, that a mourner should not lead the Shacharit service. There are those who have the custom that even on Tu B’av, Tu Bishvat, Purim Katan, and Lag BaOmer, mourners do not serve as chazan, but the widespread minhag is what I wrote above.

06 – The Duration of the Kaddish Recital and the Yahrtzeit Day

According to Ashkenazic custom, a mourner leads the services and says Kaddish for eleven months after a parent’s death. This is because the judgment of evil people in Gehinnom is twelve months, and if a mourner recites Kaddish for the deceased for a full twelve months, it will seem as though he was considered evil (Rama, Yoreh De’ah 376:4). The Sephardic custom is to stop for the first week of the twelfth month and then continue to lead the services and say Kaddish until the anniversary of the death (yahrtzeit) (Birkei Yosef there). Kaddish recited after learning, which is not within the framework of prayer, may be said by the mourners throughout the whole twelfth month (Rav Pe’alim, part 4, Yoreh De’ah 32). However, for one who was known to be an evil person, such as someone who committed suicide or an apostate, Kaddish is recited for the full twelve months (Pitchei Teshuvah, Yoreh De’ah 376:9).

It is also customary to say Kaddish and lead the prayer service on the day of the yahrtzeit. According to Sephardic custom, one begins to say Kaddish from the Friday prior to the anniversary until the yahrtzeit day. Additionally, one who is well-liked by the congregation should also be chazan (Kaf HaChaim 55:23). Even among Ashkenazim there are those who have the custom of leading the services on the Shabbat before the yahrtzeit and for the Ma’ariv prayer at the close of that Shabbat (Pnei Baruch 39:2). However, they cannot preempt a mourner in his year of mourning or someone who has a yahrtzeit on that specific day (Piskei Teshuvot 132:26). The yahrtzeit is set according to the day the person died and not the day he or she was buried. Even at the end of the first year, the yahrtzeit is established based on the day of the person’s death.^[6]

[6]. Whereas for mourning purposes the day of the burial starts the count of the seven days of shivah, the 30 days (sheloshim), and the 12 months of mourning, the yahrtzeit is always the date on which the person died. There are those who have the custom to commemorate the first yahrtzeit on the burial date. However, the primary minhag is to commemorate it on the date of the person’s death even that first year, as brought by Pnei Baruch 39:35 and Yalkut Yosef, chapter 7, 22:3. In a leap year, according to the Shulchan Aruch (Orach Chaim 568:7), the yahrtzeit is in Adar II, and according to the Rama it is in Adar I. When a person dies on the first day of Rosh Chodesh Adar II, which is the 30th of Adar I, in a non-leap year, the yahrtzeit falls out on the first day of Rosh Chodesh Adar, which is the 30th of Shevat (Mishnah Berurah 568:42, and see Pnei Baruch 39:36-37). For the remaining halachot regarding the recital of Kaddish, see Pnei Baruch 34 and Yalkut Yosef, part 7, 23.

07 – Order of Precedence

In the past, it was customary in Ashkenaz that only one person recited Kaddish. When there were several mourners who needed to say Kaddish, it became necessary to establish an order of precedence. However, today most Ashkenazim and all Sephardim follow the custom that everyone who must say Kaddish recites it together. Even if the entire congregation recites Kaddish and there is no one there to answer Amen, that does not invalidate the Kaddish. However, lechatchilah it is preferable that there be at least two people there who can respond Amen (Kaf HaChaim 55:31). When two or more people recite Kaddish, they should try to say it in unison and should therefore stand next to each other. If the synagogue is large and it is difficult for them to gather in one place, each person may recite Kaddish in his place and those around him answer Amen.

When there are two mourners who know how to lead the prayer service and both are acceptable to the congregation, it is necessary to follow an order of precedence. This is the rule: one who is in the middle of the first seven days of mourning (shivah) takes precedence over one who is in his first thirty days (sheloshim), and someone who is in his first thirty days has priority over one who is in his year of mourning. One who is commemorating a yahrtzeit is equivalent to being in the first thirty days of mourning. If there are two mourners who are equal in status, they should divide the three daily prayers between them. They can even split the Shacharit service in such a way that one recites the main part of the prayer until after Tachanun, and the other leads from Ashrei until the conclusion of the prayer service, and then the following day they switch (Bei’ur Halachah 132, Ma’amar Kaddishin).

08 – Saying Kaddish for a Person Who Does Not Have an Adult Son

A minor whose mother or father died says Kaddish for his parent though he has not yet reached the age of mitzvot (bar mitzvah). Mourner’s Kaddish was instituted for that purpose, since a child cannot lead the prayer service in order to facilitate the ascent of his parent’s soul. Therefore, the Chachamim instituted Kaddish (Rama, Yoreh De’ah 376:4). Even if the minor has not yet reached the age of understanding, the Kaddish is read to him; the young orphan repeats the Kaddish word for word, and the congregation answers Amen. (According to the Ari, it is important to be strict and have an adult say the Mourner’s Kaddish with the minor, because that Kaddish is included in the twelve Kaddishim that are necessary to hear every day. See further in this book 23:10.)

In the case of a man or woman who was not privileged to leave behind a son, a God-fearing grandson may say Kaddish for him or her the whole year. This is possible even if the deceased has a son who is not God-fearing and does not go to synagogue to recite Kaddish. A grandson from a son takes precedence over a grandson from a daughter. If the deceased does not have a grandson yet, but has a son-in-law, the son-in-law should say Kaddish. The grandson and son-in-law are permitted to say Kaddish only when one of their own parents is deceased, or if their parents agree to his reciting Kaddish while they are living. However, someone whose parents are strict that he not say Kaddish while they are both alive may not recite the Kaddish for his grandparent or in-law.

When the deceased does not have a son, grandson, or son-in-law, the father of the deceased recites the Kaddish. If his father is also dead, the brother or nephew says Kaddish.

When none of these relatives can say Kaddish for the deceased, part of the inheritance money should be used to hire a God-fearing person to recite Kaddish for him. It is good to hire someone who is engrossed in Torah. If there is someone in the family who is occupied with Torah study, he takes precedence over a stranger. The monetary compensation for the Kaddish is important in order to ensure the fulfillment of its recital. Furthermore, by employing someone who is involved in Torah or a poor person who has children to support, the deceased will acquire more merit.^[7]

If a minor who already reached the age of understanding passes away, his father must say Kaddish for him or her (Pitchei Teshuvah, Yoreh De’ah 376:3). There are those who have the custom to say Kaddish even for a small baby (see Pnei Baruch 34:30).

One who hires himself out to recite Kaddish may do so for a number of people, on condition that he ends up saying at least one Kaddish a day for each of the deceased (Igrot Moshe, Yoreh De’ah, part 1, 254, and see Pnei Baruch 34:23-28).

It is proper for an adopted son to say Kaddish for his adoptive parents. All the more so, if the adoptive parent does not have another son, it is a mitzvah for the adopted son to say Kaddish (Yalkut Yosef, part 7, 23:13). It is also good for a righteous convert (ger tzedek) to say Kaddish for his gentile parents (Yalkut Yosef, part 7, 23:14, and Piskei Teshuvot 132:20).

[7]. Even when the deceased has a daughter, a man should be hired to say Kaddish. However, throughout the generations, there were places where the daughter would say Kaddish, either in her home or in the room adjacent to the synagogue, if there were no living son. Additionally, there are those who ruled that if the daughter is younger than 12 years of age, she should recite Kaddish in the synagogue. Nevertheless, the accepted minhag (custom) is that women do not say Kaddish. The Chavot Yair, responsa 222 states that we must object to women saying Kaddish so as not to undermine the power of minhagim, as also written in Yalkut Yosef, part 7, 23:11, Pnei Baruch 34:20, and Piskei Teshuvot 132:33.

01 – Emotional Preparation

Prayer is intended to elevate and strengthen people. Therefore, knowing that one is about to be uplifted and brought closer to Hashem, a person must approach prayer out of joy and not while in a state of sadness or apathy.

The Chachamim teach (Berachot 31a; Shulchan Aruch 93:2), “One should not pray out of laughter,” because laughter nullifies one’s awe for God, and a person must pray out of fear and submission. “Nor amidst talk,” because chatter distracts a person from his inner world and prayer is supposed to emerge from the depths of one’s soul. “Nor from lightheadedness and idle words,” because prayer is based on the recognition of one’s ability to do wonders with his speech, and if a person comes to prayer with idle words, he demonstrates that he does not value his speech (see Olat Ra’ayah, part 1, p. 29).

It is good to give tzedakah before praying (Shulchan Aruch 92:10), for by doing so one approaches prayer pleased and uplifted from the mitzvah he just performed. Furthermore, when we come to pray and request kindness and compassion from Hashem, it is proper that first we ourselves show mercy on the poor. The Ari HaKadosh says that before prayer it is good to reflect upon the mitzvah, “V’ahavta l’re’acha kamocha” (“Love your fellow Jew like yourself,”) for this is a great Torah principle. The prayers are written in the plural because we are praying for the nation as a whole.

One should not begin to pray when his mind is preoccupied. Even someone who has the privilege to learn Torah before praying should try not to come to prayer immediately after learning a very complex subject of study. His mind is liable to be absorbed in thoughts of the topic that he has been studying, and he will not be able to concentrate properly on his prayer. Instead, before praying, he should learn straightforward matters of halachah, or uplifting essays on emunah (faith). B’dieved, one should not avoid praying in a minyan, even if he is preoccupied with matters of Torah or has other concerns (Shulchan Aruch 93:3; Mishnah Berurah 6).

The Chachamim instituted the recital of uplifting verses prior to praying the Amidah, so that before the Amidah people would be engrossed in inspiring and elating matters. Before Shacharit and Ma’ariv, we recite the berachah, “Ga’al Yisrael,” and before Minchah we say Ashrei (Shulchan Aruch 93:2).

The Talmud records that devout people paused to meditate a full hour before praying so that they could properly direct their hearts to their Father in Heaven (Berachot 30b; Shulchan Aruch 93:1; Mishnah Berurah 1).

02 – Washing One’s Hands

A person who prays must be in a state of purity. It is therefore a mitzvah to wash one’s hands before engaging in prayer. However, a distinction is made between a situation in which a person knows that his hands are unclean, and one in which he does not know if his hands have been dirtied.

For example, if one knows that his hands are dirty because he relieved himself, or touched normally covered parts of his body which have become soiled from perspiration, he must wash his hands before praying. According to many poskim, he must recite a berachah on this washing even before Minchah and Ma’ariv (Rambam, Rosh, Gra). However, the accepted custom is to recite a berachah solely on the washing before Shacharit, because when a person awakens in the morning, it is as if he is created anew. Regarding washing one’s hands before Minchah and Ma’ariv, even one whose hands are dirty does not recite a berachah (according to the Rashba, see further in this book 8:1).

In any case, according to all opinions, a person who dirtied his hands is obligated to wash them before he prays. L’chatchilah, he should pour water over his entire hand with a vessel. However, if he does not have a vessel, it is sufficient that he rinse his hands with water from a faucet.^[1]

In order to wash his hands before praying, if there is no water close to him, he must trouble himself and walk up to the distance of a mil, which is approximately a kilometer (960 meters or approx. .597 miles). However, if, as he is walking, the designated time for prayer will pass, or he will miss the opportunity to pray with a minyan, he can rub his hands with sand or on his clothing, in order to remove any trace of dirt from them – and then he may pray (Shulchan Aruch 92:4; Mishnah Berurah 92:20).^[2]

Regarding someone who does not know if his hands are dirty, since he doesn’t remember if he touched the parts of his body which are normally covered, the poskim are divided as to whether or not he must wash his hands before prayer. Hence, if there is water available, he should wash his hands. However, if there is no water near him, he does not need to wash his hands and he may rely on the poskim who maintain that it is only necessary to wash one’s hands before prayer if they are unclean. To be certain, one should rub his hands on his clothing (Shulchan Aruch 92:5, 233:2; Mishnah Berurah 92:26; Bei’ur Halachah s.v. “V’im”).

Concerning one who relieves himself, washes his hands in his house, and afterwards is careful not to touch the parts of his body which are normally covered, and then goes to synagogue, he need not wash his hands again before praying. Similarly, if someone who arrives at synagogue to learn and pray washes his hands before learning, and is careful not to touch the parts of his body that are normally covered, it is not necessary to wash his hands again before praying.

[1]. According to the Rishonim who maintain that it is necessary to wash one’s hands with a berachah before all prayers, one must use a washing vessel, for the Chachamim instituted the berachah of washing for prayer following the example of washing before a meal (see Rambam Berachot 6:2; Ra’ah, Rabbeinu Yerucham, and Rosh who are brought by the Beit Yosef; see Shulchan Aruch 4:7 as well). In practice we do not recite the “Al netilat yadayim” berachah before Minchah and Ma’ariv, because the rule is that when there is doubt regarding the recital of berachot, we are lenient and do not recite them (safek berachot l’hakel). Nevertheless, it is the opinion of most poskim that it is correct to be stringent and perform all the other requirements connected to washing one’s hands before a meal. Therefore, it is proper for a person whose hands are dirty to wash them with a vessel. Even a person whose hands are not dirty can enhance the mitzvah by washing them with a vessel, for perhaps the Rishonim who maintain that even a person who does not know if his hands are clean or dirty need to wash them, require using a vessel designated for pouring water over the hands. However, those who follow the lenient opinion and wash their hands without a washing cup have on whom to rely, for even concerning the washing before Shacharit, the use of a vessel is only l’chatchilah. All the more so before the other prayers, when one does not recite a berachah on the washing, and even more so when one does not know if his hands are dirty.

[2].If he is walking on his way and within the four mil ahead of him there is water, he must walk to it and only afterwards pray. The Shulchan Aruch 92:7 writes, “A dirty area is [defined as] the [normally] covered parts of a person’s body, because they contain beads of sweat. For instance, scratching one’s head [is considered touching a dirty place].” This refers to rubbing the roots of one’s hair, but if someone only touches the top of his head, he does not need to wash his hands (Shulchan Aruch HaRav; Mishnah Berurah 162:58, 164:10). Kaf HaChaim 4, small paragraphs 75 and 98, is lenient even if one scratches the roots of his hairs which are not covered with a hat, because there is no sweat there. Tzitz Eliezer, part 7, 2:14 concludes that if he washed his head and his hair is clean, even a person who scratches the roots of his hairs does not need to wash his hands.

Concerning a person who touches other normally covered parts of the body: if his body is washed clean and does not have beads of sweat on it, the Acharonim disagree as to whether or not he must wash his hands. Eshel Avraham Butshatsh 4:21 is stringent, and Yabia Omer, part 5, 1:4-5, cites poskim who are lenient. According to the Minchat Yitzchak, part 3, 26:10, those who wear short sleeves and touch their skin above their elbows need not wash their hands because that part of the body is not one which is normally covered. However he also refers to the Chazon Ish who writes that this place is defined as a normally covered part, and that people who wear short sleeves should not be taken into consideration. Mor U’Ketziah, section 4 writes that for those who wear short sleeves, above one’s elbow is not considered a normally covered part. And that is the custom.

The Rama 92:7 maintains that earwax is considered a covered part and one who touches it is obligated to trouble himself to walk up to a mil to wash his hands. The Mishnah Berurah writes that the Gra is lenient concerning this. However, Otzrot HaGra, p. 219 interprets the Gra differently, saying that he is not lenient regarding this. Similarly, one who touches mucous from his nose is surely considered someone who touches a normally covered part and must wash his hands.

Concerning learning Torah and reciting berachot: one who touched normally covered parts can b’dieved rub his hands on his clothes and subsequently learn or recite berachot, as clarified by the Shulchan Aruch 4:23 and Mishnah Berurah 4:61.

03 – Kippah and Belt

A person must prepare himself for prayer, feel awe towards God’s majesty and glory, and be happy that he is about to stand before the King of Kings in prayer. This should also be apparent in his dress; one’s clothes should be respectable, fitting for one who stands before the King.

Men are obligated to cover their heads while praying, while reciting the name of Heaven, and before entering a synagogue (Shulchan Aruch 91:3). However, in practice, based on the custom accepted in Judaism, men are careful to wear a kippah (yarmulke) all day long (Shulchan Aruch 2:6). In any case, the obligation to wear a kippah while praying, when reciting God’s name, and while in a synagogue is greater, for it is rooted in law and not just in custom.^[3]

Additionally, although there are those who say that single women must also cover their heads while praying and reciting berachot, it is customary for women not to be strict about this.^[4]

One should wear a belt while praying, for the belt creates a division between one’s upper body, including the head and heart, and one’s ervah (nakedness). In that regard, prayer is superior to other matters of sanctity, for concerning other matters of sanctity it is unnecessary to wear a belt specifically, rather any separation between one’s heart and one’s nakedness is acceptable. Therefore anyone wearing underwear has a divider between his heart and his ervah. However, out of respect for the prayer service, it is a mitzvah to wear a belt, for that is the respectful way to pray, as it is written (Amos 4:12), “Israel, prepare to meet your God.” Nevertheless, someone who normally walks around the whole day without a belt need not put one on before praying.

It is an extra pious act to always put on a belt for prayer because a belt signifies the separation between the lofty side of a person, comprised of the brain and the heart, and the lowly part of a person, containing his ervah and legs. Most people are deeply involved in their bodily desires, their brains and hearts occupied solely with matters of the moment and materialism. However, the Jewish people, who received the Torah from Heaven, are capable of overcoming their baser inclinations. They can direct their minds and hearts to superior matters, subsequently returning to the world of materialism and action in order to repair it. That is what the belt worn during prayer represents. The Chachamim even instituted a special berachah concerning this in the morning blessings – “Ozer Yisrael bigevurah” (“Who girds Israel with strength”). This explains why Chassidim enhance the mitzvah by wearing a special belt for prayer (a gartle).^[5]

[3]. A person whose kippah fell off and was blown to a distance farther than four amot may cover his head with his hand while walking to pick it up. However, while praying and reciting berachot it is not enough merely to cover one’s head with one’s hand. Since he is obligated to cover his head, one part of his body cannot be used to cover another part; although his friend’s hand may be used (Shulchan Aruch 91:4; Mishnah Berurah 91:10; Mishnah Berurah 6:11-12). Concerning the size of one’s kippah: the Igrot Moshe Orach Chaim, part 1, 1, writes that one can fulfill his obligation by wearing a kippah that does not cover the majority of his head even when saying Hashem’s Name. By contrast, the Or L’Tzion, part 2, 7:13 and Yabia Omer, part 6, 15:5 write that when praying and mentioning Hashem’s Name, which by law requires a head covering, one must wear a kippah that covers the majority of one’s head. Nonetheless, in practice, one who is lenient has on whom to rely, since it is a rabbinic ruling and regarding rabbinic rulings, the halachah follows the lenient opinion. Furthermore, in Masechet Sofrim 14:15 there is a dispute concerning whether or not one is obligated to cover one’s head when reciting a berachah. Or Zarua, part 2, 43, writes that the custom of our ancestors in France was to recite berachot bareheaded. Although according to most poskim the halachah is that we are obligated to cover our heads while reciting a berachah, in any case, the lenient opinion is incorporated to strengthen the opinion expressed in Igrot Moshe. Even so, it is good to be stringent out of respect for the prayer service. Moreover, if one wears a larger kippah during the prayer service, this is likely to cause a person to wear it throughout the whole day, thereby sanctifying God’s Name and accepting the responsibility to observe the Torah and mitzvot.

[4]. Shut Ish Matzliach 1:24-25 obligates women just the same as men in terms of head covering when reciting God’s name. The Yabia Omer, part 6, 15 writes that single women should not be prevented from reciting a berachah bareheaded; however, it is proper for them to cover their heads while praying. As we already learned in the previous note, there are even those who say that there is no obligation for a man to cover his head while praying and mentioning God’s name. Since it is a rabbinic ruling, and it is customary for women to be lenient regarding this matter, they need not change their practice. Tzitz Eliezer 12:13 writes that according to the minhag, women do not need to cover their heads. He cites the explanation given by the Chatam Sofer that since gentile women were accustomed to cover their heads in their houses of worship, there is reason to refrain from practicing as they did. All this may be further studied in Peninei Halachah, Tefillat Nashim, 10:6, note 6.

[5]. The Rishonim are divided into three opinions. The Terumah, Ran, and Hagahot Maymoniyot maintain that no matter what the situation, one must wear a belt while praying. In contrast to them, Rashi holds that one need not wear a belt at all for prayer; rather the important thing is that there be a divider between one’s heart and his ervah. The intermediate opinion is that of Rabbeinu Yerucham who maintains that one who normally wears a belt the whole day must also wear one while praying. So it is written in Shibolei Haleket 17, in the name of Rav Sa’adyah Gaon, as well as in Magen Avraham 91:1, whom many Acharonim cite as the way to practice. From the Shulchan Aruch 91:2 it can be inferred that he rules according to the stringent opinion, which is how the Mishnah Berurah 91:4 is inclined to rule as well. In any case, the minhag is according to those who are lenient, and since it is a rabbinic ruling, the ones who are lenient have the advantage. The Or L’Tzion, part 2, 7:13 explains that in the past when people wore robes without belts, they looked unkempt, but today we wear pants, and therefore it is unnecessary to be stringent regarding this. Hence, it is an extra pious act to be careful to always wear a belt while praying. The Chassidim enhance the mitzvah even more by wearing a special belt for prayer.

04 – The Appropriate Dress for Prayer

A person who finds himself in a situation in which he has no clothes is obligated to wear at least shorts and an undershirt for prayer (Berachot 25a; Shulchan Aruch 91:1). Although while reciting Shema and berachot it is sufficient, b’dieved, to only cover one’s ervah (Shulchan Aruch 74:6), while praying the Amidah before the King, one must at least cover his ervah and his heart (meaning, his front and back).^[6]

All this is b’dieved, but l’chatchilah one should enhance the mitzvah by wearing respectable clothing for prayer, so that one show at least as much honor to God as he does to human beings. Just as a person is careful to wear dignified clothing when meeting important people, so too, he must dress at least as respectably before praying. Indeed, a person who goes out once in his life to greet a king makes sure to wear his nicest clothing. However, a person who sees the king every day does not wear his fanciest garments; but he does make sure to wear clothes that suit his profession and status. Similarly, we come before the King three times a day, and we therefore dress nicely for prayer, but we save our finest apparel for Shabbatot, festivals, and joyous celebrations.

Everything depends on the custom of the place and the person. There are communities where everyone is accustomed to wearing a suit and hat to significant events, and thus they are required to dress that way for prayer as well. Likewise, in a place where it is not accepted to appear before important people in sandals without socks, certainly one must wear socks with his sandals while praying as well. Yet in places where people usually walk around in sandals without socks, and do not wear ties and hats even when approaching important people, they need not adopt different garb for prayer (based on Shulchan Aruch 91:5).

However, praying in a minyan is more important than wearing respectable clothes. Therefore, if someone who usually prays in a suit and hat finds himself in a situation in which going to his house to bring his suit and hat will cause him to miss praying in a minyan, it is better that he pray in simple attire in a minyan, for the mitzvah to pray in a minyan takes precedence over enhancing the mitzvah by wearing nice clothing (Avnei Yashfeh 1:7).

If one is wearing disgraceful clothes, normally not worn on the street, such as dirty work clothes or shorts which he put on to work in his yard, it is better that he change his clothes, even if he will miss praying with a minyan. If he wears such clothing to pray, he will offend the respect of Heaven. Additionally, there is concern that he will not be able to concentrate on his prayer, since he will be thinking that everyone is staring at his disgraceful dress.

[6]. B’dieved, if he mistakenly prayed without an undershirt, as long as he covered his ervah he fulfilled his obligation. However, the Acharonim disagree as to whether or not a person who does not have an undershirt should pray l’chatchilah. The Bei’ur Halachah 91:1, s.v. “Yatza” maintains that he may not. The Kaf HaChaim 3 is inclined to agree with the Levush who rules that he should pray since he is considered to be in circumstances beyond his control (annus).

05 – Detailed Laws of One’s Dress for Prayer

Those whose profession requires them to wear work clothes and it is difficult for them to change before praying are permitted to pray in their work clothes, because for them, these articles of clothing are not considered disgraceful. Nevertheless, in situations in which they have time to change their clothes, they should try to come to prayer in more respectable attire.

One should not pray in pajamas (Mishnah Berurah 91:11). However, a person who is ill is permitted to pray in pajamas, because it is accepted that one who is not feeling well wears pajamas, even when important people come to visit him.

One should not stand in prayer wearing a raincoat, boots and gloves, because that is not the way to stand in front of important people (Mishnah Berurah 91:12). Yet, when it is very cold, it is permissible to pray in a raincoat and gloves, because this does not offend the respect due to prayer. Additionally, in a place where everyone regularly wears boots, one may wear them while praying.

Young boys and members of kibbutzim, who regularly walk around in shorts, even when important people come to visit them, are permitted to pray in that manner. However, the chazan must cover his legs until below the knee, because a person who wears shorts is called a poche’ach and is not allowed to lead the prayer service (see chapter 4:4).

Sometimes, a person is in a place where people normally dress less formally, such as a vacation spot; there, even those who always wear suits may wear just shirts without a jacket. In such a situation, whoever is not embarrassed to walk around without a suit, even before distinguished people, may also pray that way.

06 – One May Not Bring to Synagogue Children Who Are Likely to Disrupt

It is forbidden for a person praying to seat a baby down in front of him because there is concern that the baby will disturb his concentration (Mishnah Berurah 96:4). All the more so, during times of prayer services, one may not bring babies and small children who do not know how to pray, since they are liable to distract the people praying. Although there is an extra pious custom to bring babies to synagogue so that they can absorb the holy atmosphere of the place, that custom refers specifically to times when prayer services are not being held.

In order to emphasize the importance of this matter, I will cite the words of the Shlah HaKadosh who writes in the name of the Orchot Chaim: “Children’s chatter in synagogue is a severe prohibition. Nowadays, their coming to synagogue brings punishment on those who bring them there, for they come to desecrate the holiness of our God’s house and to laugh in it as they do in city streets. They get up to play with one another; this one plays with that one and that one hits the other. One is happy, another crying. One is talking, another screaming. One runs here, the other, there. One relieves himself in the synagogue and everyone screams, ‘Water, water!’ There is one whose father gives him a book and he throws it down on the floor or tears it into twelve different pieces. Consequently, the noise their nonsense produces causes the people praying to lose concentration and results in the desecration of Heaven’s name. Anyone who brings children to synagogue in this way does not deserve to receive a reward for this; instead, he should fear punishment. Worst of all, the children will be raised on this bad custom and foreign habit. As they grow older, they will increase their contempt for the synagogue and its sanctity, and they will show no respect for the Torah. Additionally, when a person repeatedly sins, [in his eyes] the sin becomes permitted. Therefore, when he ages, he will not abandon his ways. In conclusion, it is proper for a person not to bring very small children to synagogue, because he will [only] lose from it and not gain. However, when the child reaches the age of understanding, on the contrary; the father must bring the child to synagogue, teach him to sit in awe and fear, not let him move from his seat, and instruct him to answer Amen and [respond to] Kaddish and Kedushah” (Shnei Luchot HaBrit, Masechet Tamid Ner Mitzvah, also brought briefly by Mishnah Berurah 98:3).

One whose child begins to disrupt the congregation’s prayer must take him by the hand, bring him outside, and continue to pray there, even if he is in the middle of reciting the Amidah (see further in this book 17:15).

07 – Preventing Possible Disruptions in Prayer

While reciting the Amidah, one may not hold an object that he fears will fall, such as tefillin, a book, a full bowl, a knife, coins, or food, because he will worry that it may drop, and thus his kavanah will be disrupted (Shulchan Aruch 96:1). Even in other parts of the prayer service, like Shema and Pesukei d’Zimrah, one must be careful about this. L’chatchilah, one should not hold anything in his hand while reciting the Amidah, for it is not respectful to stand in front of Hashem while holding something extraneous (see Mishnah Berurah 96:1 and 5, based on Talmidei Rabbeinu Yonah, Taz).

Nonetheless, holding a lulav on Sukkot is permitted because it is a mitzvah to do so and it does not disrupt the kavanah in one’s prayer. Similarly, one is permitted to hold a siddur because it is necessary for prayer (Shulchan Aruch 96:1-2).

L’chatchilah, one should not recite the Amidah while standing with a knapsack on his back, for that is not a respectful way to appear before important people, and all the more so, it is not respectful to pray in that manner. However, if he is already traveling with a knapsack on his shoulders and it is more comfortable to leave it on, he may pray with it on him if it weighs less than four kabin (approximately 5.5 kilograms or 12 lbs, 1.5 oz). If the knapsack is heavier than four kabin, he is prohibited from praying while wearing it because such a load is liable to impair his kavanah (Shulchan Aruch 97:4).

Additionally, if someone holding tefillin or money fears that if he puts these items down they will be stolen, and he does not have a friend there to watch them, nor pockets in which to put them, it is preferable, b’dieved, to keep them in his hands while praying, so that he will be less troubled (Mishnah Berurah 96:6; Kaf HaChaim 7). Likewise, if someone carrying a heavy knapsack on his back is worried that it will be stolen, and he has no other choice than to carry it, he is permitted to pray while wearing it.

A soldier carrying a gun, l’chatchilah should not pray with his weapon on him, nor enter the synagogue with it, for it is inappropriate for him to pray about life and peace while wearing an instrument intended for killing. However, he may pray with it on him if he is carrying it for security reasons or guarding it from theft. If possible, he should take the magazine out of the gun, so that it will be considered less of a weapon. When, for security reasons, it is best that the gun be loaded, he is permitted to pray with the magazine inside (see Tzitz Eliezer 10:8).

A person who has a cold must wipe his nose before praying so that he needn’t do so during the prayer service. If phlegm in his throat bothers him, he should expel it before praying so that it will not distract him during the prayer service (Shulchan Aruch 92:3). If he must wipe his nose while praying, he should do so in the politest way possible. Similarly, if he needs to yawn, he should cover his mouth with his hand. This is because a person who stands in prayer must be very careful to show respect for Heaven, and all actions that are considered impolite before people are also prohibited during prayer (see Shulchan Aruch 97:1-2).

08 – One Who Must Relieve Himself While Praying

The Chachamim teach that one who needs to relieve himself, be it to urinate or to defecate, is prohibited from praying (Berachot 23a), since the need to relieve himself is likely to disrupt his kavanah. In addition, it is not proper to come to pray before HaKadosh Baruch Hu when one’s body is made repulsive by the excrement inside him. Even if he is uncertain as to whether or not he needs to relieve himself, it is proper that he try before beginning to pray (Berachot 15a). The Chachamim support their statement with the verse (Amos 4:12), “Israel, prepare to meet your God.” It is also written (Ecclesiastes 4:17), “Guard your foot when you go to the House of God,” meaning, make sure you do not need to relieve yourself at the time that you are standing to pray.

There are two levels of need: 1) a need so pressing that it is impossible to wait even the amount of time it takes to walk a parsah, which is approximately 72 minutes; 2) a need to relieve oneself, but which can be controlled for longer than 72 minutes.

If a person begins to recite the Amidah when he cannot control his need to defecate for 72 minutes, his prayer is considered an abomination and he does not fulfill his obligation. Instead, he must go back and repeat his prayer after he relieves himself. However, if he recites the Amidah when he cannot control his need to urinate for 72 minutes, although it is clear that he did not act in accordance with the law, the Acharonim are divided as to whether or not his prayer is considered an abomination. Due to the fact that it is not in our power to settle this dispute, there is no obligation to repeat the prayer, but it is good to go back and pray a voluntary prayer (tefillat nedavah) (see Bei’ur Halachah 92:1, s.v. “V’tzarich lachzor”).^[7]

If a person is able to control himself for 72 minutes, and he recites the Amidah, his prayer is considered valid because his need to relieve himself is not so urgent. In any case, l’chatchilah, even a person who can wait 72 minutes is prohibited from praying. Even if he will miss praying in a minyan because of this, he must relieve himself and pray individually. If, however, before he relieves himself, the time to pray will pass, he should pray immediately so that he will not miss praying altogether (Shulchan Aruch 92:1; Mishnah Berurah 92:5).

The estimation of a person’s ability to control himself can only be determined by the person himself. If he thought before the prayer service that he could wait 72 minutes, but after beginning to pray he was proven mistaken, his prayer is still considered valid, since at the time he started to pray he believed he could contain his need (Bei’ur Halachah 92:1, s.v. “Shiur Parsah”).

If he has doubt as to whether or not he needs to relieve himself, or if his need is very slight, as we learned, l’chatchilah he should relieve himself before the prayer service, but he should not miss out on praying with a minyan for that purpose.^[8]

[7].According to the Magen Avraham, it is not necessary to go back and repeat the prayer. However, according to the Eliyah Rabbah, one must. Many Acharonim are lenient like the Magen Avraham, such as the Shulchan Aruch HaRav 92:1 and the Aruch HaShulchan 92:1. The Kaf HaChaim 92:4 is inclined to rule this way as well. Nevertheless, the Bei’ur Halachah writes that we do not have the power to resolve this disagreement. The subsequent conclusion is that it is good to recite a voluntary prayer (tefillat nedavah).As for the reason behind this controversy, there are those who maintain that it is contingent upon the root of the prohibition. According to the Rambam, Hilchot Tefillah 4:1, it is because the need to relieve oneself disturbs one’s kavanah. If so, no distinction is made between urine and excrement and his prayer is considered an abomination. According to Rabbeinu Simchah, who is cited by the Hagahot Maymoniyot, it is because his body is in a state of repugnancy. Therefore, the prayer of a person who only needs to urinate is not considered an abomination, since urine does not have as much contamination. Likewise, the prohibition to distance oneself from urine is rabbinic, and from excrement, biblical, as written in Or L’Tzion, part 2, chapter 7, 15. Or L’Tzion links this dispute to the argument regarding whether or not one who needs to relieve himself is prohibited from learning Torah and reciting Shema. If it is because the need is a disturbance, he is only prohibited from praying the Amidah. However, if it is because his body is considered an abomination, the prohibition applies to all matters of sanctity. (Nevertheless, an argument can be made that one fulfills his obligation b’dieved if he recites matters of sanctity when he cannot control himself for 72 minutes, even according to the opinion that his body is an abomination, because he is not considered one who is standing before the King, as is explained later on.) In practice, we are careful to follow both interpretations.

[8]. The Rishonim are divided concerning a person who needs to relieve himself but can wait 72 minutes. According to Talmidei Rabbeinu Yonah, the Rambam, and Rosh, he is prohibited from reciting the Amidah, and that is what the Shulchan Aruch 92:1 rules. But the Rif, Rashi, Or Zarua, and Agudah maintain that he may pray l’chatchilah. The Chida writes in Kesher Gudal 7:32, that if in order to relieve himself he will miss praying in a minyan, he may rely on those who permit him to recite the Amidah l’chatchilah when he can wait 72 minutes. However, the Acharonim do not accept his ruling, as clarified by the Mishnah Berurah 92:5 and Kaf HaChaim 6. There are those who write that a printing error was made in the writings of the Chida. See Yechaveh Da’at 4:19, in the footnote. Nevertheless, when one’s need to relieve himself is slight, it seems that he can rely on the Chida’s reasoning, especially because there are people who always feel a slight need to relieve themselves. If, in order to relieve himself, he needs to exert himself to help push out the waste, then there is an opinion that he is not at all transgressing the prohibition, “Do not abominate oneself,” and he is permitted to pray (the notes of Rav Eliyahu to the Kitzur Shulchan Aruch 12:3, in the name of an opinion brought by the Ben Ish Chai, Vayetzei 3). L’chatchilah, a person must try to relieve himself, as explained in Berachot 15a and Shulchan Aruch 2:6.

09 – One Who Needs to Relieve Himself Before Reciting Other Matters of Sanctity

Just as one who needs to relieve himself and cannot wait 72 minutes is prohibited from reciting the Amidah, so too, he is prohibited from reciting berachot, saying Shema, and learning Torah, for it is not proper to engage in matters of sanctity when one’s body is offensive. However, there is a significant difference between the Amidah and other matters of sanctity. In the Amidah we resemble people standing in front of the King. If one does not pray in the proper manner, he disgraces the respect of Heaven and his prayer is an abomination. Therefore, when the person reciting the Amidah cannot control his need for 72 minutes, his prayer is invalid. This is not so regarding other matters of sanctity. While saying them, one is not considered to be standing before the King. Hence, b’dieved, if he recites berachot or Shema even when he is not able to control his need for 72 minutes, he fulfills his obligation (Mishnah Berurah 92:6; Bei’ur Halachah s.v. “Afilu B’Divrei Torah”; Kaf HaChaim 3).^[9]

One who can wait 72 minutes, according to most Acharonim, is permitted l’chatchilah to recite berachot and learn Torah, though there are those who say that it is preferable for him to relieve himself first (Mishnah Berurah 92:7). However, if he must exert himself in doing so, he does not need to relieve himself.

A person who starts to learn when he does not need to relieve himself, but in the course of learning feels a need, to the point where he can no longer wait 72 minutes, should l’chatchilah go and relieve himself. If he is in the middle of a subject of study, some say that he may continue to learn until he finishes that subject (Bei’ur Halachah 92:2 s.v. “Koreh”; Yalkut Yosef, part 2, p. 338), whereas others say that he should go relieve himself immediately (Kaf HaChaim 3:48). If he is teaching Torah, he should finish his class and then relieve himself, for human dignity (kevod habriyot) is so great that it overrides the rabbinic prohibition of “Do not abominate oneself” (Mishnah Berurah 92:7).

[9]. It is implied from Aruch HaShulchan 92:1, that even if the time to recite the Shema will pass, l’chatchilah he should not recite it. However, this matter requires further study since presumably it is better that he recite the Shema so that he will not miss saying it (for in this case there is no fear of reciting a berachah in vain).

10 – One Who Needs to Relieve Himself in the Middle of Praying

The ruling regarding a person who does not need to relieve himself when he starts to pray, but in the middle of his prayer feels a rising need, is based on how much he needs to relieve himself, and what stage of the prayer he is in. There are three levels of need concerning this law:

One who can wait 72 minutes is permitted to finish praying.
One who estimates that he will not be able to wait 72 minutes, but does not yet have to contain the urge, and would have to exert himself slightly to relieve himself at the moment – since when he started to pray he was permitted, and his immediate need is not so great, he may finish the section that he is saying. If the need arises in the middle of Pesukei d’Zimrah, he should wait until reciting Yishtabach, thereby finishing Pesukei d’Zimrah, and then go relieve himself. If the need arises while he is reciting Birkot Keriat Shema, he may, in principle, finish the berachot. However, because he will need to relieve himself before Shemoneh Esrei, it is better not to pause between birkat Ga’al Yisrael and the Amidah. Therefore, he should relieve himself immediately upon finishing the specific berachah or paragraph that he is reciting (Mishnah Berurah 92:9; Bei’ur Halachah s.v. “Ya’amid”).^[10]
One who has to actively suppress the need to relieve himself while praying is in the most serious stage, because at this point he is transgressing the prohibition, “Do not abominate oneself” (Rama 92:2, according to Shulchan Aruch HaRav 3:11). If he is saying Pesukei d’Zimrah or Birkot Keriat Shema, he must immediately go relieve himself since interruption at that point is not so serious. However, if he is in the middle of the Amidah, where a pause at that point is serious, and if, when he began reciting the Amidah, he did not feel the need to relieve himself, he should finish praying. Only in a situation in which he is incapable of waiting at all, should he go relieve himself.^[11]

[10]. However, Shulchan Aruch HaRav 92:2 clarifies that since he was permitted to pray when he started, he may finish until the end. That is what is implied in Aruch HaShulchan 92:6-7 as well. Still, the Mishnah Berurah 92:9 and Bei’ur Halachah s.v. “Ya’amid” explain that he may continue only until the end of the particular part he is reciting, whether it is Pesukei d’Zimrah, Birkot KeriatShema, the Amidah, or the like. If he goes on to pray when he cannot wait 72 minutes, his prayer is considered an abomination. In order to avoid uncertainty, one should conduct himself according to the Mishnah Berurah. All the more so when he is violating the prohibition, “Do not abominate oneself,” for then according to the Rama, even in the middle of Pesukei d’Zimrah or Birkot KeriatShema, he must stop immediately. If at the time he reaches Birkot KeriatShema he feels a need to relieve himself and he knows that he can wait 72 minutes, he may continue to pray the Amidah, as I have written above in level 1. The reasons for this are as follows: according to all opinions, if he prays in this manner, he fulfills his obligation. Similarly, the Rif and Rashi rule that one is even permitted to pray this way l’chatchilah. The Chida writes that one may rely on these sources so that he may pray in a minyan. Finally, the Shulchan Aruch HaRav writes that if he was permitted to pray when he started, he may finish saying all the prayers.
The Bei’ur Halachah 92:1, s.v. “Hayah” is uncertain regarding the law of a chazan who feels a need to relieve himself before Chazarat HaShatz and cannot wait 72 minutes. However, concerning a communal Torah reader, he is lenient and rules that he may read, for human dignity (kevod habriyot) is so great that it takes precedence over a rabbinic prohibition. Nonetheless, regarding prayer, which is considered an abomination, he is doubtful. Thus, even if the chazan will be slightly embarrassed, it is preferable that he goes to relieve himself and has someone replace him. Only if the matter will humiliate him greatly may he continue to pray.

[11]. The Mishnah Berurah 92:11 states that according to the Rama, when he reaches the point where he will violate the prohibition, “Do not abominate oneself,” he stops even in the middle of the Amidah. According to the Magen Avraham he is permitted to continue so as not to be humiliated in front of the congregation. The Chayei Adam and Kaf HaChaim 8, maintain that he is prohibited from stopping in the middle of the Amidah. That is also the opinion of most poskim. If a person is in a situation where he cannot control his need to defecate, everyone agrees that he must go relieve himself. However, regarding urination, according to the Shulchan Aruch HaRav, he should not stop in the middle, even if the urine trickles down his knees. Kaf HaChaim 8, writes that if this concerns a lot of urine and he is praying in a congregation, he may stop so that he will not embarrass himself. According to the Chayei Adam and Mishnah Berurah 92:11, when he cannot wait, he may relieve himself even just to urinate. That is what I have written, as well.
If he must stop to defecate in the middle of the Amidah, it is reasonable to assume that he was probably prohibited from praying when he originally started and it was clear that he would not be able to wait for more than 72 minutes. Therefore, he does not fulfill the obligation for the parts of the Amidah that he already recited and he must go back to the beginning. However, if he truly thought that he would be able to wait 72 minutes, and was surprisingly attacked by such a strong urge to the point where he needed to relieve himself immediately, then if the interruption lasted the time needed to pray all of the Amidah prayer, from beginning to end, he must start the Amidah again, as explained in Shulchan Aruch 104:5 and Rama 65:1. But if the break lasted less time, he continues from the berachah at which he stopped. It seems that a person who was unsure of whether he could, at the outset, estimate his ability to wait 72 minutes, and in the end could not control his need to defecate, must repeat the Amidah because it stands to reason that he was prohibited from praying when he began to recite the Amidah. Furthermore, it is possible that concerning prayer he is considered a repulsive person, based on the logic brought by the Bei’ur Halachah 92:2, s.v. “Yoter.”

11 – One Who Is Tipsy or Drunk

A person must be clearheaded when he prays. Unlike many idol worshipers who perform their rituals using drugs and alcohol to attain a state of ecstasy, our petitions to Hashem are achieved through seriousness and deep thought. That is why the Torah commands the Kohanim not to enter the Temple and perform the divine service while inebriated (Leviticus 10:8-11). The Chachamim derive from this that one who is drunk or tipsy is prohibited from praying.

“Tipsy” is the word used to describe someone who is slightly under the influence of alcohol, and finds it somewhat difficult to concentrate and focus his thoughts, but is still capable of talking before the King. The word “drunk” is used to describe a person who drank so much that he cannot properly speak before the King.

B’dieved, one who prays while tipsy, since he is able to speak before the King, fulfills his obligation. Likewise, if he begins praying and then remembers that he is tipsy, he may finish his prayer (Eliyah Rabbah; Kaf HaChaim 99:2). However, a drunken person who mistakenly starts to pray is required to stop immediately, for the prayer of one who is intoxicated is an abomination. Even if he concludes his prayer, he does not fulfill his obligation. If he becomes sober before the permissible time to pray ends, he must go back and pray in accordance with the law (Shulchan Aruch 99:1).

The Chachamim say that a person who drinks a revi’it (86 ml; recent calculations are 75 ml) of wine is considered tipsy, and if he walks a mil (960 meters, approx. 5.97 miles) it will diminish the effect of the wine (Eiruvin 64b). However, we do not know how to compare the wine of those days to our wines today. Therefore, the rule is that any time he feels disoriented from wine or alcohol, he is considered tipsy, and when he feels his clarity of mind returning, he is permitted to pray (Shulchan Aruch 99:3; Mishnah Berurah 2).

According to the Rama, because kavanah in prayer has deteriorated throughout the generations, we are not so strict about this law, and even a person who becomes slightly inebriated is allowed to pray. This is especially true when one prays with a siddur, for then there is no need to worry that he might mix up the words of the prayer. Customarily, we rely on the Rama’s opinion when the permissible time to pray begins to expire (Mishnah Berurah 99:3, and 17, and see Kaf HaChaim 22). There are those who add that even to prevent missing prayer in a minyan, a person who is slightly tipsy is permitted to pray. On Purim, when it is a mitzvah to drink, it is customary to be lenient in allowing one who is tipsy to pray so that he will not miss praying in a minyan (see Peninei Halachah Zemanim 16:14).

Concerning Shema and its berachot, the poskim are divided. Therefore, l’chatchilah, someone who is tipsy or drunk should not recite them. Instead, he should wait until the effect of the wine wears off. If, however, the time to recite Shema is about to pass, a tipsy person should say the Shema with the berachot, and a drunken person should recite it while omitting the berachot (Rama 99:1; Mishnah Berurah 8).

A tipsy person may recite other berachot, for example, Birkot HaNehenin (the berachot one recites before deriving pleasure from something) and Asher Yatzar, but a drunken person should not recite them. Nevertheless, even a drunken person should recite berachot that he can recite only at that time. For instance, if he became drunk at a meal, he should still recite Birkat HaMazon. Similarly, if he relieves himself, he recites Asher Yatzar (Rama 99:1; Mishnah Berurah 11).

A person who has reached a state of intoxication such as Lot, and is unaware of what is happening to him, is considered a shoteh (a deranged person), and is exempt from performing all the mitzvot. Even the berachot that he did recite are considered invalid (Mishnah Berurah 99:11).

01 – The Differences in Nusach

Following the exile from the Land of Israel, and the scattering of Jewish communities, distinctions were created among the diverse ethnic groups (eidot) regarding the wording of the prayers. In the main prayers, those instituted by Anshei Knesset HaGedolah, such as Birkot Keriat Shema and the Amidah, the differences are very slight. Even in the main passages of the Korbanot (sacrificial offerings) and Pesukei d’Zimrah, which were established during the time of the Talmud and the Geonim, the disparities are minor. The modifications are more noticeable, however, in the supplements added during the period of the Rishonim, such as additions to the Korbanot passages and prayers concluding the service. What was customary to include in Spain was not necessarily accepted in Ashkenaz, and vice versa. This is especially apparent in the liturgy for the High Holy Days and Festivals, composed during the time of the Geonim and Rishonim. Hence, we find completely different piyutim (poems) in the High Holy Day prayers of the Sephardic and Ashkenazic services.

It is proper that every Jew continue in his family’s custom. Even if he knows that a certain nusach is more precise, the continuation of tradition is more important than the accuracy of one word or another.

The Ari HaKadosh clarifies the differences in wording and style between Sephardim and Ashkenazim. He explains that there are twelve windows in the heavens corresponding to the twelve tribes of Israel and the prayer of each tribe ascends through its particular gate. That is the enigma of the twelve gates mentioned at the conclusion of the book of Ezekiel (Sha’ar HaKavanot p. 50, 4; Magen Avraham 68:1; Mishnah Berurah 68:4).

Additionally, distinctions exist among the ethnic groups regarding the pronunciation of certain Hebrew letters, e.g., tzadi and kuf, as well as vowels, such as, kamatz and cholam and each group must continue its custom. If, however, people change their nusach, they still fulfill their obligation, for all the existing Jewish traditions relating to the reading of letters and vowels are permitted for prayer (Igrot Moshe Orach Chaim, part 3, 5; additionally, even regarding the wording of the Chalitzah ceremony in which, according to all opinions, every letter must be enunciated, one may fulfill his obligation in any ethnic accent).

02 – No Nusach Should Be Considered More Preferable than Another

The Chida writes in the name of the Ari that the Sephardic nusach ascends through all twelve gates. Therefore, in his opinion, Ashkenazim are permitted to switch to the Sephardic wording of prayer (see Yabia Omer 6:10; Yechaveh Da’at 3:6). However, the Chassidim claim that their nusach (Nusach Sephard-Chassidi) is of higher quality. They maintain that the prominent Chassidic authorities investigated numerous wordings and formulas of the Kabbalah, and selected the best among them. Those who pray in Nusach Ashkenaz assert that their custom is the most meticulous, for it was passed on from person to person as far back as Shimon HaPakuli. Furthermore, the foundation for the Sephardic minhag lies within the Amora’im and Geonim of Babylon, whereas the basis for the Ashkenazic minhag originates with the Amora’im and Geonim of Eretz Yisrael who were more proficient in Agadah, Chochmat HaSod, and nusachim of prayer. (Incidentally, that is the reason for the similarities between Nusach Ashkenaz and the original Yemenite nusach [Baladi], for both were influenced by the Geonim of Eretz Yisrael.) The Yemenites, too, claim that their nusach is more precise, for the Jews of Yemen, in all their years of exile, did not wander. Instead, in response to the persecution that the Arabs inflicted, the Yemenite Jews intensified their devotion to Torah and observed their customs with extra stringency. Indeed the Yemenite Torah scrolls were found to be closer in accuracy to the nusach of the precise Keter Aram Tzova.

In summary, every minhag possesses its own advantages and it is not in our power to determine which minhag is more praiseworthy. As the Chatam Sofer writes (responsa 1:15), all nusachim are equal. He maintains that the Ari composed his kavanot for Nusach Sephard-Chassidi because he was accustomed to praying in that nusach. However, if a person like the Ari were to have resided in Ashkenaz, he would have written his kavanot based on Nusach Ashkenaz.

Even if we were to know that a particular minhag is more precise, it would still be proper for each person to continue his own minhag, for even the less accurate minhag surely possesses advantages that the others do not exhibit. Only after the Sanhedrin is re-established will we be able to institute a uniform nusach, which will include the benefits of each minhag. Though, even then, there will be room for different emphases in the additional prayers and varying melodies, corresponding to the twelve gates; each community according to its ways.

03 – In What Cases Is One Permitted to Change His Nusach?

As we have learned, one must maintain his family’s minhag. The Chachamim based this statement on the verse, “Al titosh torat imecha,” meaning, “Do not abandon your mother’s teachings” (Proverbs 1:8). However, this custom is no more important than other laws, and therefore it is often superseded. For example, when a person knows for certain that he will have less kavanah praying in a synagogue that conducts services in his family’s nusach than in a synagogue in which the services are conducted in a different nusach, he should choose the one in which he can concentrate better, for kavanah is the essence of prayer.^[1] However, in a case of uncertainty, it is preferable to pray in his family’s nusach, because in the long term, chances are that he will have more kavanah praying as his family does. Sometimes, when a person is young, he does not properly value his connection to his family’s nusach, though as time passes, he discovers a deep attachment to it.

An Ashkenazi who wants to pray according to the Ari’s writings, and for that purpose wishes to switch to Nusach Sephard-Chassidi, is permitted to do so. There were some prominent individuals from Ashkenaz who did this, among them the Chatam Sofer’s rabbis, Rabbi Natan Adler, and Rabbi Pinchas, the author of the Hafla’ah. Nevertheless, their families and students continued to pray in Nusach Ashkenaz, for they understood that only a specific individual who wants to pray according to the kavanot Ha’Ari is permitted to change his nusach, but it is not proper for someone who does not pray with those kavanot to do so. However, the leaders of the Chassidic movement encouraged all their followers to switch from Nusach Ashkenaz to Nusach Sephard-Chassidi, despite the fact that most of them were not familiar with the Ari’s kavanot. Indeed, prominent rabbis have vehemently disagreed with them, wondering how they could have changed their minhag, but the eminent leaders of the Chassidic movement, who were also illustrious world figures, decided to change their custom and surely had honorable reasons. Nowadays, no one objects to their practice (see She’arim Metzuyanim BaHalachah 18:4; Igrot Moshe, Orach Chaim, part 2, 24).

If a person has a choice of two synagogues, one where the prayer service is conducted in his family’s nusach but where no Torah classes are organized, and another, which provides Torah study but where the people pray in a different nusach, he must consider his options. If he reasons that praying in the synagogue with more Torah will help him learn more, it is better that he pray there even though the service is not conducted in his family’s tradition. Likewise, in choosing a yeshiva, one should not choose a place of learning according to the nusach of the prayers. Instead, he should choose the yeshiva in which he can become more elevated in Torah and mitzvot.

Similarly, if a person must choose between two synagogues: one, where the congregation prays in his family’s nusach, but he is concerned that he will not be able to connect with the people because they are either too old, too young, or too few in number and another, where they do not pray in his family’s nusach, but there is a unified congregation with which he can better identify. If he feels that by joining the prayers of the latter synagogue, his connection to the Jewish religious community will intensify, thereby enhancing or at least sustaining his spiritual level, it is preferable that he pray there, even though the prayers are not his family’s nusach.

[1]. See Shut Maharam Shik, Choshen Mishpat 24, which states that even though the Magen Avraham writes that one should not stray from his family’s nusach, one is permitted to switch from Nusach Ashkenaz to Sephard-Chassidi if he so desires. He cites Chovot HaLevavot saying that one’s deep passion for a certain mitzvah indicates his deep connection to that mitzvah. All the more so, he is permitted to switch nusachim for the purpose of having more kavanah. The matter of the community’s significance, of which I will write later on, is of obvious importance. See Igrot Moshe Orach Chaim, part 4, 33.

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