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Daily Moroccan Halachot
Rabbi Mordechai Lebhar, author Magen Avot
Redacted by Dr. Emile Amzallag
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It is learned from the verse (Amos 4:12) “Hikon Likrat Elokecha Israel” (lit. “prepare yourself to meet your God, O Israel”) that one must prepare oneself for prayer. From here, the Shulhan Aruch (O.H. 91:2) rules that one must wear a belt to separate one’s heart from one’s reproductive organs before praying. In some communities, a special belt, known as a Gartel, is worn prior to praying. Rabbi Ben Zion Abba Shaul (Or Lezion, vol. II, ch. 7, § 13) mentions several reasons why adding an extra belt is not necessary. Firstly, people in previous generations wore Jellabas or other robe-like clothing which may have appeared unkempt, and thus needed to be gathered together with a belt before prayer. Nowadays, however, people’s attire is generally well-fitted and does not require a belt to look orderly. Secondly, there are different items which people normally wear which can act as a separator between one’s upper and lower body, such as a normal belt, underwear and an undershirt. The Mishna Berura (M.B., O.H. 91:11) adds that one should not pray in a the clothes with which one sleeps, that is, pyjamas. Summary: One should pray in a decent manner, which includes the way one dresses. One need not wear a Gartel. The Shulhan Aruch (O.H. 90:23) says that it is not proper to pray in from of garments that have drawings on them since they can distract from one’s concentration. The Rama (ibid.) adds that one should not pray from a Siddur with any drawings, for the same reason. The Shulhan Aruch says that if one has no choice but to pray in front of a drawing, one should Rabbi Yitzhak Ben Oualid (Vayomer Yitzhak, vol. I, Orah Haim, § 10) applies this Halacha to the Parochet (the curtain that covers the Hechal) and says that it should not contain elaborate drawings as it may detract from the concentration of the congregants. [There is a separate discussion regarding praying in front of images and three-dimensional objects from the standpoint of Avoda Zara]. Rabbi Moshe Malka (Mikve Hamayim, Yore De’ah, § 19), on the other hand, does cite opinions which permit a Parochet even with elaborate drawings, so long as there are no three-dimensional images. Some rabbis have a middle-of-the-road approach and allow a Parochet with a very basic design but nothing more. Placing pictures of rabbis in the sanctuary is inappropriate as it may also detract from one’s concentration. The Mishna Berura (M.B., O.H. 90:71) discusses the propriety of praying in front of a mirror and says that when doing so it appears as if one is praying to an image of oneself. As such one should not pray in front of a mirror, even if one prays with one’s eyes closed. Rabbi Ben Zion Abba Shaul (Or Lezion, vol. II, ch. 7, § 11) rules that one may pray in front of a window since, unlike a mirror, one’s reflection is not so apparent. However praying in front of a picture of a rabbi, he says, is not appropriate, even if one closes one’s eyes. Similarly, if one prays at home, one should not pray in front of a family photo or the like. Thus in designing a synagogue, one should keep in mind to minimize the artistry that is used in the sanctuary. If images need to be used, they should at least be placed high up. Rabbi Shlomo Zalman Auerbach (commentary to Rabbi Avigdor Nebenzahl’s glosses to the Mishna Berura) says that people tend to look in all directions while praying so even placing images high up may be problematic. Summary: One should not pray in front of anything that may detract from one’s concentration, such as an elaborate image, a mirror or a picture of somebody.
As mentioned previously, one may not eat prior to praying Shaharit (except for certain drinks and circumstances), but this prohibition only takes effect at Alot Hashahar. The Shulhan Aruch (O.H. 89:5) says that one may eat in the middle of the night but that one should stop as of Alot Hashahar. Nonetheless, the Zohar (Parashat Vayakhel) says that eating before Shaharit, even if it is done before Alot Hashahar, is akin to sorcery. Based on this, the HIDA (Birke Yosef, § 89) rules that after sleeping one should not eat prior to praying, no matter the time. The Kaf HaHaim (K.H., O.H. 89:28) says that one should not even drink prior to praying. The Mishna Berura (M.B., O.H. 89:28) and the Ben Ish Hai (Parashat Nitzavim), however, are lenient and say that drinking is permitted, even according to the Zohar. Rabbi Ben Zion Abba Shaul (Or Lezion, vol. II, ch. 7, § 8), says that one should be strict and not eat in the middle of the night prior to praying, unless one feels ill. Nevertheless, Rabbi Ovadia Yosef (Yabia Omer, vol. V, § 22:5) writes that, according to the Gemara, there is no prohibition of eating before Alot Hashahar. Indeed, he points out that many are lenient when it comes to eating while reciting Bakashot before dawn. Furthermore, Rabbi Shalom Messas often cites the Radbaz (Shu’t HaRadbaz ), who says that when there is a disagreement between Kabbalah and a non-Kabbalistic Talmud Bavli, the Halacha follows the Talmud Bavli. Rabbi Ovadia Yosef (Hazon Ovadia, Ta’aniot, pg. 10) thus rules that one may eat before Alot Hashahar. Regarding a fast which begins at Alot Hashahar, one may wake up before this time in order to eat. It is necessary for one to stipulate before going to sleep that if one wakes up prior to Alot Hashahar, one will not accept the fast at that time and that one could eat. One need not make a stipulation if one wishes to drink before the fast. Summary: One may eat before Alot Hashahar. One a fast day, one should stipulate that if one wakes up before Alot Hashahar, one will not yet accept the fast and thus be able to eat.
As mentioned previously, the Shulhan Aruch (O.H. 90:9) says that if one cannot pray at the synagogue, one should try and pray at the time that the congregation typically prays. The Mishna Berura (M.B., O.H. 90:32) says that one can choose a time as long as there is one congregation in one’s city that prays at that time. Evidently, in large cities, one would have many options of when to pray alone since there is sure to be a Minyan somewhere. As to what justifies praying alone, the Mishna Berura (ibid:29) says that if one is ill, or even if one is tired but is not ill, one is exempt from praying with a Minyan. As well, if one will sustain a financial loss by attending a Minyan, such as leaving a potential client in order to attend a Minyan, one may pray alone. Additionally, the Mishna Berura (110:12) says that if one’s employer does not permit one to leave work to pray with a Minyan, one may pray alone. Missing Minyan so that one can make more of a profit, however, is not permitted. Summary: If one cannot pray with a Minyan, one should pray at the time that the congregation usually prays. One is exempt from a Minyan in order to prevent a financial loss, or if one is not permitted by one’s employer to attend one.
The Shulhan Aruch (O.H. 90:9) says that one should make an effort to pray both at the synagogue and with a Minyan. Regarding praying in a synagogue, the Kaf HaHaim (K.H., O.H., 90:78), citing the Yerushalmi (Berachot 4:6), says that when one prays at the synagogue it is as though one is offering an unblemished sacrifice in a pure vessel. As such, even if one cannot pray with a Minyan it is much more beneficial to pray at the synagogue than to pray, say, at one’s home. Regarding praying with a Minyan, it is said (Berachot 8a on Iyov 36:5) that Hashem does not turn back the prayers that were recited in a Minyan. The Shulhan Aruch goes on to say that if one cannot pray at the synagogue, one should pray at the time at which the congregation typically prays. The Kaf HaHaim (ibid:59), quoting the Shelah HaKadosh, questions how it is that Hashem does not turn away the prayer of a Minyan, but that many times it appears as though the community’s prayers remain unanswered. The Shelah, who references Rabbi Moshe di Trani (Bet E-lohim), answers by using the the blessing of “Goel Israel” from the Amida as an example. Even though this blessing is recited innumerable times a day and the complete Redemption has not yet occurred, there are many smaller redemptions that take place all the time, such as the Jewish people being redeemed from countless plots on the part of the nations of the world. Thus, just because a prayer does not result in something tangible or in an expected way is not proof that Hashem is not answering the Minyan’s prayers. Additionally, there are instances when Hashem does not necessarily act on those prayers, but rather keeps them, as it were, and then decides if they will be fulfilled or not. Finally, there is a view that all prayers are always heard and that sometimes they will only be answered in the times of Mashiah. From this the idea is reinforced that praying is a Mitzvah incumbent on everyone, regardless of the outcome. Interestingly, even though praying with a Minyan is of utmost importance, the Kaf HaHaim (ibid.) says that there are two instances in which praying alone are equally powerful. The first is when one prays during the Aseret Yeme Teshuva, as this is an especially auspicious time. The other is when one cries sincerely while praying alone. The Ben Ish Hai (Od Yosef Hai, Parashat Yitro, §2) writes that the closer to the Temple Mount one prays, the more likely one’s prayers will be answered. As such, the Kotel is an especially powerful place, particularly in light of the fact that he Midrash (Bamidbar) says that when one prays there with a Minyan, Hashem Presence is found there. Summary: There are many benefits to praying in a synagogue and with a Minyan. The Shulhan Aruch (O.H. 89:3) rules that one may not engage in one’s affairs prior to praying in the morning. The Shulhan Aruch is not referring to those activities in which one must engage in order to prepare for prayer, such as washing up, driving to the synagogue and the like. Rabbi Ben Zion Abba Shaul (Or Lezion, vol. II, ch. 45) says that stopping by a store on the way to the synagogue in order to buy a needed item is permissible and may even be considered a Mitzvah. Rabbi Shlomo Zalman Auerbach (quoted in Tefila Kehilchata, ch. 6) says that one may engage in simple Melachot (labors) such as placing one’s clothing into the washing machine. If one must engage in some sort of work or personal affair, one should at the very least recite all of the Birkot HaShahar. Similarly, after Birkot Hashahar one can quickly answer a work-related email or text as long as it mostly effortless and does not lead to an engaging exchange (c.f Eshel Avraham 89). More engaging labors such as actively doing the laundry or sitting down to do work-related activities is not permitted. Summary: One may not work or engage in one’s affairs prior to praying in the morning. One may engage in simple tasks, as needed, prior to praying. Based on the Gemara’s ruling, the Shulhan Aruch (O.H. 89:1) states that the ideal time to pray in the morning is at sunrise. Practically speaking, this means that the earlier parts of Shaharit should be timed and recited such that one begins the Amida right at sunrise. The Shulhan Aruch continues and says that if one prays as early as when the eastern horizon begins to light up, one still fulfils one’s obligation ex post facto. The Shulhan Aruch (ibid:8) mentions cases when there are extenuating circumstances, such is if one must travel very early. In such a case, one may pray as of Amud HaShahar (dawn). Another contemporary example is if one lives in a part of the world in which sunrise is relatively late and one must pray earlier at dawn in order to arrive at work on time. There is a discussion regarding one who is not faced with pressing circumstances but can only find a Minyan that prays at dawn. On one hand, the Gemara says that the optimal time to fulfil the Mitzvah of the morning prayer is at sunrise. On the other hand, there is great benefit to praying in a quorum. Rabbi Yitzhak Blazer (Pri Yitzhak, § 2) says that in such a case one should pray at dawn with a Minyan. Rabbi Ben Zion Abba Shaul (Or Lezion, vol. II, ch. 7, § 4) cites the Pri Hadash, who unlike the Shulhan Aruch, says that one may optimally pray when the eastern horizon is lit up, which is approximately 50 minutes before sunrise. However, he says that if the Minyan is praying at the beginning of dawn, which ranges between 72 and 90 minutes before sunrise depending on the opinion, then it is preferable to pray alone at sunrise. On the other hand, Rabbi Ovadia Yosef (Yabia Omer, vol. IX, 9:108,45), quoting the Rambam (Teshuvot HaRambam, § 26), follows the Shulhan Aruch more literally and says that any time before sunrise is not optimal. Therefore, in such a situation, he rules it would be preferable for the individual to pray alone at sunrise and not with the Minyan earlier. Due to the importance the Gemara ascribes to the time of sunrise, it appears that this is the proper practice. Summary: One should pray Shaharit at sunrise. In extenuating circumstances, one may pray as early as Alot HaShahar. If one is not pressed for time but can only find a Minyan before sunrise, it is preferable to pray alone at sunrise. The Gemara (Bava Kama 82a) records ten enactments that Ezra instituted and one of them was that a man who had a seminal emission had to immerse in a Mikve before praying and learning. The rationale for this was to prevent men, especially Torah scholars, from overly engaging in relations with their wives and it acted as a deterrent. In future generations, this enactment was rescinded since it was proved to be too difficult to abide by. Therefore, the Shulhan Aruch (O.H. 88:1) rules that if one experienced a seminal emission, whether accidental or deliberate, one may learn Torah or pray without first going to the Mikve. Nevertheless, the Elya Rabba writes that there is a custom to be stringent and to go to the Mikve if one had a seminal emission. If one is not able to go to the Mikve, then one can have nine Kav (roughly 12 liters) of water poured on one’s body by someone else. Nowadays, if one wishes to be stringent but one cannot go to a Mikve, Rabbi Shmuel Wosner (Vol I:22) and Rabbi Ovada Yosef (Yabia Omer, vol. IV, § 88:3) say that a shower can act as having water poured on one’s body. Even though it is of Halachic importance to have water poured on to one’s body by someone else (Ko’ah Gavra), one may rely on the opinion of the Raavad that it is not essential for the pouring of the 9 Kav. In the same vein, a man would be able to immerse in a swimming pool, preferably when the filter is not on and while immersing under the filter hole . It should be emphasized that this only works for a man’s immersion, however a woman’s obligation to purify in a Mikve is a different category immersion altogether and a pool would not suffice. If one cannot even shower but wishes to learn and pray in a enhanced state of purity, the Kaf KaHaim (K.H., O.H. 76:21), quoting the Emet LeYa’akov, says that based on Kabbalah, there is a special way to wash one’s hands forty times to achieve the same goal. Interestingly, the HIDA (More Be’etzba, Tziporen Shamir, § 7) writes that there is a tradition that the negative force of the an accidental seminal emission is dissipated if one goes to the Mikve, confesses one’s sins and repents. Summary: Strictly speaking one does not need to immerse in a Mikve following a seminal emission. If one wishes to be stringent, there are different methods of achieving a higher level of purity. As mentioned previously, one thing the Sages learned from the verse (Devarim 23:15) “Ve Lo Yirae Becha Ervat Davar” is that one may not say any words of Torah in the presence of one’s own or another naked body. In the same verse it also says “Vehaya Mahanecha Kadosh” (lit. “your camp shall be holy”) and from here it is learned that one may not say any holy thing, such as Keriat Shema, in the vicinity of human waste or any foul substance. Unlike being in the presence of a naked or immodest person, one may not even contemplate Torah thoughts in the vicinity of a foul substance. One practical application of this is being in the vicinity of a child in diapers. If a bad smell emanates from the child’s diaper then it would not be permitted to pray or learn Torah nearby, and one would need to distance oneself four Amot (roughly 6 ft.) from the outer limit of the bad odor. If the child is in diapers but one does not know whether the child relieved him or herself, then Rabbi Ben Zion Abba Shaul (Or Lezion, vol. II, ch.6, §14) says that as long as one does not smell anything there is a presumption that the child is clean and thus one may pray nearby. Even if the child did relieve him or herself and one cannot smell it, there are opinions that say that since the diaper acts as a covering for the waste then one may be lenient. It should be noted that a child’s waste is considered human waste only once the child eats grain-based food. If the child is still only consuming milk, then his or her waste is not considered human waste even if there is a foul odor, and one would be able to pray nearby. Certainly, if one did smell a young infant’s waste, then even though technically permissible, one may wish to still distance oneself in order to fulfil the words of the aforementioned verse. Rabbi Ben Zion Abba Shaul (ibid., § 17) also discusses reciting Keriat Shema near a sewage pipe. Since such a pipe is known to be a receptacle for human waste, even if it does not emit a bad smell one would need to recite Shema at least four Amot away. In order to be able to pray close to a sewage pipe or the like, it would need to be covered or buried in cement. Regarding toilet bowls, even though they may be completely clean, they are also considered receptacles for human waste. As such one may not pray or learn facing a toilet if the bathroom door is open and one would need to either close the door, or at least turn the opposite way. It goes without saying that it is forbidden to do such activities in the bathroom itself. Summary: One may not pray or learn Torah near human waste or receptacles for human waste, including toilets, sewage pipes or dirty diapers. If one does not smell a foul odor from a child in diapers, one may assume that they are clean. From the verse (Devarim 23:15) “Ve Lo Yirae Becha Ervat Davar,” it is learned that one may not say any words of Torah in the presence of one’s own or another naked body. This prohibition, however, only applies to uttering words of Torah, but not to thinking of them. Accordingly, the Mishna Berura (M.B., O.H. 75:29) rules that if one is naked, such as in the shower or in the Mikve, one may contemplate Divre Torah. Additionally, Rabbi Ovadia Yosef (Halichot Olam, vol. I, pg. 119) one may listen to Divre Torah while in the shower, so long as the shower is enclosed and separate from the bathroom, especially in light of the fact that nowadays, showers are considered to be clean areas. It should be noted that one may not even think of Divre Torah in a bathroom. The Kaf HaHaim (K.H., O.H. 75:28) writes that one may recite Vidui while naked in a Mikve without mentioning Hashem’s Name, and this is a common practice on the eve of Yom Kippur. Regarding answering “Amen” to a blessing in which one wishes to be included, the concept of Shome’a Ke’One states that by answering “Amen” it is similar to one actually saying the blessing, and this is not permitted in the shower or Mikve. If one hears a blessing in which one does not want to be included. Furthermore, even If one hears a blessing in which one does not want to be included, by responding “Amen” one is affirming the blessing and in a certain sense it is as though one is reciting it oneself. Therefore, even for this type of blessing one is not permitted to respond “Amen”. Summary: One may listen to or think of Divre Torah in the shower or Mikve. One may not respond “Amen” to a blessing while in the shower.“Gartel” : Obligatory
Must one wear a belt for prayer?
May one pray beside a picture of a Tzadik?
May one wake up to eat before a fast?
What if one can’t pray with a Minyan?
What if one can’t pray at Shul?
May one work before praying?
Praying before Netz
May one pray before sunrise?
Mikve for men
Must a man go to the Mikve?
Praying near human waste
Divre Torah in the Shower?
May one think of Drivre Torah in the shower?
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