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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===In Front of an Unclad Person=== | ===In Front of an Unclad Person=== | ||
#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.<ref>Shulchan Aruch 75:1</ref> 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.<ref>Mishna Brurah 75:2</ref> | #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.<ref>Shulchan Aruch O.C. 75:1</ref> 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.<ref>Mishna Brurah 75:2</ref> Nowadays, in a place where most women regularly uncover their hair, although it is forbidden for them to do so, many poskim hold it is permissible to recite Divrei Kedusha in its presence.<ref>Aruch Hashulchan 75:7, Igrot Moshe OC 1:43, Yalkut Yosef 75:5 quoting Rav Ovadia Yosef</ref> Others disagree.<ref>Mishna Brurah 75:10</ref> | ||
#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]].<ref>Shulchan Aruch 75:6, Mishna Brurah 75:29, Yechave Daat 2:5</ref> According to some Ashkenazim, he must turn all the way around.<ref>Mishna Brurah 75:29</ref> 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. <ref>Mishna Brurah 75:1</ref> Regarding learning Torah, Ashkenazim are lenient to allow learning if one closes one's eyes or turns away one's face.<ref>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.</ref> | #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]].<ref>Shulchan Aruch 75:6, Mishna Brurah 75:29, Yechave Daat 2:5</ref> According to some Ashkenazim, he must turn all the way around.<ref>Mishna Brurah 75:29</ref> 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. <ref>Mishna Brurah 75:1</ref> Regarding learning Torah, Ashkenazim are lenient to allow learning if one closes one's eyes or turns away one's face.<ref>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.</ref> | ||
#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.<ref>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. </ref> | #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.<ref>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. </ref> | ||
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*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> | *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 | #It is forbidden to listen to a bracha or another dvar shebekedusha with intention to fulfill the mitzvah through [[Shomea Koneh]] while in the presence of someone dressed inappropriately.<ref>Mishna Brurah 75:29</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 kavana 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> | |||
==Sources== | ==Sources== | ||
