Where Is It Permissible to Recite Brachot?

From Halachipedia

Chazal learn from the pasuk "Vehaya Machanecha kadosh" that when Hashem's presence is with us, such as when one is involved with a dvar shebekedusha, such as kriyat shema, tefillah, or learning, one must make sure that one's area is clean, meaning, that there isn't any unclad area of a person or revealed feces where one is.[1] The details of what is considered an unclad area of the body and what is considered feces are described below.

Learning or Thinking Torah in Unclean Areas

  1. It is forbidden to even think words of Kedusha in an area where there is uncovered urine, human feces, or something that stinks. [2]
  2. If urine was absorbed into the ground or clothing, if there still is a moisture to the urine, one may not learn next to it unless it was diluted with a Reviyit of water.[3]
  3. If there is feces on one's body, one may not involve oneself in Divrei Kedusha even if it is covered.[4]
  4. One may speak Hebrew in the bathroom, but it is a pious practice not to. [5]
  5. If a baby soiled a diaper but they are still wearing it if you don't smell it the feces are considered covered and it is permitted to learn or make brachot nearby.[6]
  6. It is forbidden to learn or think Torah in a bathhouse. Even in the changing room next to the bathing room one may not learn Torah but one may think Torah. If there's no one unclothed in the changing room at the time there is a dispute if one may recite brachot there.[7]

Definition of Divrei Kedusha

  1. For the purposes of learning or reciting anything of Kedusha before Ervah, in a bathroom or near feces, this includes Kriyat Shema, Tefillah, learning Torah, brachot, or anything of kedusha.[8]
  2. It is equally forbidden whether it is in Hebrew or any other language.[9]

Definition of an Unclad Person

  1. If an area of one Tefach on a part of a woman's body that is usually covered is exposed, including a married woman's hair, it is considered nakedness regarding which it is forbidden to involve oneself in Divrei Kedusha.[10] Areas that may be exposed (unless there is a local custom to be more strict) are the face, hands, and legs up to the knee.[11]
  2. If one is facing such a woman, according to Sephardim, he may close his eyes or turn his head, in order to recite a bracha.[12] According to some Ashkenazim, he must turn all the way around.[13] Other Ashkenazic poskim hold that turning around is only necessary when one is facing the actual Ervah (unlike areas which are only covered because of local practice, such as forearms and forelegs) of a woman, but in the case of a Tefach of skin or hair, closing one's eyes or turning his head is sufficient. [14] Regarding learning Torah, Ashkenazim are lenient to allow learning if one closes one's eyes or turns away one's face.[15]
  3. If one sees an image of an improperly dressed woman on television, even though she herself is not physically present, he may not make a bracha while looking at her and must follow the above protocol.[16]

Saying Hashem's Name In Vain

  1. It is forbidden to say Hashem's name in vain. This includes any name that is specific to Hashem, whether it is in Hebrew or in any language. [17]
  2. It is permitted to say Hashem's name in a form of praise or as one is learning. Certainly it is permitted to recite Hashem's name in a bracha when it is needed.[18]
  3. It is forbidden to recite Hashem's name when one is reading bracha in the while of one's learning a gemara, rambam, or shulchan aruch.[19]
  4. It is permitted to read Hashem's name as part of a pasuk while learning gemara or midrash.[20] Ashkenazim have the practice not to say Hashem's name when reading a pasuk in the gemara or when reading a half pasuk.[21] Sephardim have the practice to say Hashem's name as part of a pasuk while learning gemara.[22]

Sources

  1. ↑ Kitzur Shulchan Aruch 5:1
  2. ↑ Shulchan Aruch 85:2, Kitzur Shulchan Aruch 5:2
  3. ↑ Kitzur Shulchan Aruch 5:2
  4. ↑ Kitzur Shulchan Aruch 5:3
  5. ↑ Shulchan Aruch 85:2, Mishna Brurah 85:9
  6. ↑ Rav Hershel Schachter (Brachot Shiur 56 around min 85)
  7. ↑ In the days of chazal there were three chambers of a bathhouse; the outermost room was used for rinsing and sweating, the middle one for changing and lounging, and the inner one for bathing. The gemara Shabbat 10a explains that it is forbidden to learn Torah in either the middle or inner rooms. That is codified in Shulchan Aruch 84:1. Rama adds that thinking Torah is permitted in the middle room and not the inner one.
    • Is learning in the middle room permitted if no one unclothed there? Bet Yosef 45:2 implies it is permitted and Bach 84:1 says forbidden. The Mishna Brurah 84:3 cites the dispute between the Bach and Bet Yosef. Perisha 45:2, Taz 84:2 (as understood by Mishna Brurah 84:3), Shulchan Aruch Harav 84:1, and Magen Giborim S”G 84:2 are strict. Magen Avraham 45:2, Eliya Rabba 84:1, Birkei Yosef 85:10, Maharsham in Daat Torah 84:1, and Bet Yehuda OC 10 are lenient. Taharat Habayit v. 3 p. 232-3 is lenient. He writes that it seems to be a dispute between Rashi who is lenient and the Meiri.
  8. ↑ Mishna Brurah 76:2 writes that it is obvious that for all purposes of saying Torah in a place of Ervah, bathroom, or feces it is equally applicable whether it is learning Torah, reciting Shema, Tefillah, or anything of Kedusha. Aruch Hashulchan 76:1 adds brachot as another example. Regarding not saying Torah in a bathroom, the Rambam (Kriyat Shema 3:4) writes that Kriyat Shema is the same as any other divrei kedusha and even thinking Torah in a bathroom is forbidden. He says the same for a place that is unclean because of feces or urine.
    • However, the Tosfot (Eruvin 64a s.v. shikor) and Rosh Eruvin 6:5 have a doubt whether reciting Brachot are treated like davening Tefillah near feces after the fact. The Ramban (Brachot 22b) clarifies that Tosfot never even considered if it is permitted to recite a bracha near feces. That is obviously forbidden. In fact, any Torah, bracha, tefillah, shema, or concept of Torah ("Inyan Shel Torah") is forbidden Biblically as the Torah says "והיה מחניך קדש" and doesn't specify Shema or Tefillah, so obviously it also applies to brachot. Rather Tosfot was in doubt regarding after the fact if the bracha in a dirty counts or needs to be said again. Even on that point, the Ramban writes that it is clear that one doesn't fulfill one's obligation even after the fact and there's no distinction between brachot and any other Torah. The only distinction that is relevant is that it is forbidden to recite shema near someone who passed gas but permitted to learn Torah. The Ramban writes that this is only because learning near passed gas is only rabbinic and chazal didn't want their enactment to cause people not to learn Torah but it would be forbidden to recite brachot or say shema near the gas. He concludes with the Yerushalmi Trumot 6:1 that it is forbidden to recite brachot near ervah. The Shulchan Aruch 185:5 cites the Tosfot but the Mishna Brurah 185:7 cites the Ramban.
  9. ↑ Mishna Burrah 76:2
  10. ↑ Shulchan Aruch 75:1
  11. ↑ Mishna Brurah 75:2
  12. ↑ Shulchan Aruch 75:6, Mishna Brurah 75:29, Yechave Daat 2:5
  13. ↑ Mishna Brurah 75:29
  14. ↑ Mishna Brurah 75:1
  15. ↑ Rav Shlomo Zalman Auerbach (Byitzchak Yikra 84:1 cited by Dirshu 75:1) explained that learning Torah is less severe than davening and it is permitted to rely on the Rambam that closing one's eyes is sufficient.
  16. ↑ Yechave Daat 4:7 writes that she does not physically have to be present, because the whole prohibition is in place to prevent one from having inappropriate thoughts, which are all too possible when watching an improperly dressed woman on TV. Of course, one must be wary, as to bringing TV into ones home in the first place, which exposes one's children to a great variety of inappropriate content and inhibits their ability to grow as good wholesome Jewish children.
  17. ↑ Kitzur Shulchan Aruch 6:3
  18. ↑ Kitzur Shulchan Aruch 6:3
  19. ↑ Magen Avraham 215:6, Eliyah Rabba 215:4, Birkei Yosef 215:4, Mishna Brurah 215:14, Yabia Omer 6:38:2. See Sheilat Yavetz 81 who permits. Maharam in Tashbetz Katan 119 says not to say Hashem when reading Hashem's name in the gemara.
  20. ↑ Chaye Adam 5:2, Mishna Brurah 215:4, Birkei Yosef 215:5, Yabia Omer 6:38:2. Sheilat Yavetz 81 writes that his father admonished him for not saying Hashem's name when learning a pasuk in the gemara. He rejects the suggestion that it is forbidden since the it is forbidden to say a pasuk by heart and so it is better not to say Hashem's name because if that were the case it would be forbidden to say any part of the pasuk. He entertains the idea that the reason the gemara only quotes partial pesukim is in order to avoid the issue of quoting a complete pasuk by heart but he doesn't like that idea based on gittin 6b. Rather since we're concerned about forgetting Torah it is permitted to write it down. If so, it is permitted to read the pesukim and from the gemara.
  21. ↑ Aruch Hashulchan 215:2 writes that it is proper not to say Hashem's name when explaining pesukim as one is learning. The Dirshu (Mishna Brurah 215:16) quotes the Steipler (Karyana Digarta 1:132) who recommended saying Hashem when learning gemara or a half pasuk. They also cite Rav Elyashiv (Shiurei Brachot p. 634) saying that the minhag is not to say Hashem's name (Adonay) when learning gemara out of extra respect but it is say the other names of Hashem such as Elokim. Such was the practice of Rav Elyashiv.
  22. ↑ Birkei Yosef 215:5, Yabia Omer OC 3:14. Yabia Omer explicitly writes that it is permitted and one shouldn't be strict not to say it. Or Letzion 2:14:34 writes that it is permitted to say Hashem's name as part of a pasuk in the gemara as long as the part of the pasuk is meaningful in it of itself such as a phrase but not just two words out of context.
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