Where Is It Permissible to Recite Brachot?: Difference between revisions
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Where Is It Permissible to Recite Brachot? (view source)
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#If someone is standing with just their private part in the water while their heart and head are out of the water one can recite a bracha. One should be careful that one's eyes don't see one's erveh while one is reciting the bracha.<ref>Rama 74:2 writes that since the water serves as a barrier between one's private area and one's heart or eyes if one only has one's private area in the water with one's heart and head out one could recite a bracha even if the water is clear. Pri Chadash 74:2 argues vehemently that this isn't a solution if the water is clear. Mishna Brurah 74:13 and Aruch Hashulchan 74:12 accept the Rama. Mishna Brurah just adds that obviously one may not look at one's ervah while reciting the bracha.</ref> | #If someone is standing with just their private part in the water while their heart and head are out of the water one can recite a bracha. One should be careful that one's eyes don't see one's erveh while one is reciting the bracha.<ref>Rama 74:2 writes that since the water serves as a barrier between one's private area and one's heart or eyes if one only has one's private area in the water with one's heart and head out one could recite a bracha even if the water is clear. Pri Chadash 74:2 argues vehemently that this isn't a solution if the water is clear. Mishna Brurah 74:13 and Aruch Hashulchan 74:12 accept the Rama. Mishna Brurah just adds that obviously one may not look at one's ervah while reciting the bracha.</ref> | ||
#It doesn't matter if any other part of one's body besides the heart and eyes are in view of one's private area, but if any part of the body is touching the private area one may not recite a bracha or learn Torah.<ref>Gemara Brachot 25b, Shulchan Aruch 74:5</ref> | #It doesn't matter if any other part of one's body besides the heart and eyes are in view of one's private area, but if any part of the body is touching the private area one may not recite a bracha or learn Torah.<ref>Gemara Brachot 25b, Shulchan Aruch 74:5</ref> | ||
#For a man if his organ is touching his legs he shouldn't say brachot but after the fact the bracha counts.<ref>Mishna Brurah 74:20</ref> | |||
For a man if his organ is touching his legs he shouldn't say brachot but after the fact the bracha counts.<ref>Mishna Brurah 74:20</ref> | |||
===Definition of Divrei Kedusha=== | ===Definition of Divrei Kedusha=== | ||
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#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.<ref>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. | #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.<ref>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 | *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.</ref> | ||
#It is equally forbidden whether it is in Hebrew or any other language.<ref>Mishna Brurah 76:2</ref> | #It is equally forbidden whether it is in Hebrew or any other language.<ref>Mishna Brurah 76:2</ref> | ||
#One should avoid performing mitzvot in a bathroom as doing so would be disgraceful, however, if there's no other option, such as giving someone who asks for tzedaka, it is permitted.<ref>Biur Halacha 588:2 s.v. shema quotes the Mateh Efraim that one shouldn't do any mitzvot in a disgraceful place such as a bathroom or in front of feces. He explains that either it is because since one needs kavnaa for a mitzvah that is similar to think of Torah. Also, he says it is disgraceful to do mitzvot in a dirty a place. Dirshu 76:1 quotes Halichot Shlomo (Tefillah Dvar Halacha 2:36) who writes that this is only initially that one shouldn't do mitzvot in such a place but if one is going to miss the opportunity otherwise one can do the mitzvot there. Also, they quote Rav Chaim Kanievsky (Derech Emunah Maaser 9:51) that it only applies to a obligatory mitzvah but a mitzvah that is optional can be done in a bathroom. Rav Nevinsal (on Biur Halacha 1:1) writes that shouldn't think about the six mitzvot temidiyot in the bathroom since it is disgraceful. (See also Bikkurei Yakov 644:1 who writes that performing any mitzvah requires Birchat Hatorah which is similar to the first explanation of the Biur Halacha.) </ref> | #One should avoid performing mitzvot in a bathroom as doing so would be disgraceful, however, if there's no other option, such as giving someone who asks for tzedaka, it is permitted.<ref>Biur Halacha 588:2 s.v. shema quotes the Mateh Efraim that one shouldn't do any mitzvot in a disgraceful place such as a bathroom or in front of feces. He explains that either it is because since one needs kavnaa for a mitzvah that is similar to think of Torah. Also, he says it is disgraceful to do mitzvot in a dirty a place. Dirshu 76:1 quotes Halichot Shlomo (Tefillah Dvar Halacha 2:36) who writes that this is only initially that one shouldn't do mitzvot in such a place but if one is going to miss the opportunity otherwise one can do the mitzvot there. Also, they quote Rav Chaim Kanievsky (Derech Emunah Maaser 9:51) that it only applies to a obligatory mitzvah but a mitzvah that is optional can be done in a bathroom. Rav Nevinsal (on Biur Halacha 1:1) writes that shouldn't think about the six mitzvot temidiyot in the bathroom since it is disgraceful. (See also Bikkurei Yakov 644:1 who writes that performing any mitzvah requires Birchat Hatorah which is similar to the first explanation of the Biur Halacha.) </ref> | ||
