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May one recite Shema near a woman with uncovered hair?

The Shulhan Aruch (O.H. 75:2) rules that it is prohibited to recite Shema in sight of a married woman with uncovered hair, but it is permissible to do so near an unmarried girl. The Rama (ibid.) adds that it is also permissible to recite Shema near a woman wearing a wig and this is echoed by Rabbi Ovadia Yosef (Yabia Omer, vol. V, Even HaEzer, § 5) even though he normally does not permit wigs.

The Aruch HaShulhan (O.H. § 75) discusses the trend in his time of married women to leave their hair uncovered, and since it was so common, he also permits reading Shema near them.

The Shulhan Aruch (ibid:3) also says that one should be careful not to recite Shema within earshot of a woman singing, or of a recording of a woman singing. Although the voice of a woman who is singing is likened to her nakedness (Erva), the Gemara (Berachot 24b) refers to actual body parts which are normally covered as part of its prohibition of reciting Shema or other holy things. As such, the Shulhan Aruch says that one should be careful, and does not say that it is forbidden outright. Based on this, Rabbi Ben Zion Abba Shaul (Or Lezion, vol. I, § 8 and vol. II, ch. 6, § 13) says that if the voice of a woman singing is audible, one may recite Shema or recite blessings, so long as one does not concentrate on the singing and that he does not know the woman or what she looks like. If one knows the woman or what she looks like, such that he can have impure thoughts while reciting Shema, or if one is actively listening to a woman singing, even if he does not know her, then one is not permitted to recite Shema or other holy things.

Summary:   One may recite Shema in view of a woman with uncovered hair or with a wig. One may recite Shema if there is the voice a woman singing in the background, as long as one does not concentrate on the singing and does not know what the woman looks like.

The Mishna (Berachot 2:1) discusses in which circumstances one may interrupt the reading of Keriat Shema and distinguishes between different parts of the Shema. Based on this discussion, the Shulhan Aruch (O.H. 66:1) rules that if one is in between sections of the Shema, one is allowed to greet a distinguished individual and one may respond to the greeting of any person. When one is within a section of the Shema, however, one may only greet a person that one fears, such as one’s father or rabbi, and one may only respond to the greeting of a distinguished person.

It should be noted that in the context of this discussion, Keriat Shema refers to the Shema that is recited with blessings, such as during Shaharit and Arvit. If one is reading only the actual verses of Shema with no blessings, such as if one is repeating it after Tzet HaKochavim, although one should accord it the proper honor and try not to interrupt it, it does not have the same status as Shema that is said with blessings.

Nowadays, this is less applicable since people tend to understand that one is reading Shema and not only forego any honor, but also do not expect one to interrupt one’s prayer. Furthermore, unlike Talmudic times during which people feared Roman generals and the like, nowadays thankfully this is not the case. That said, there are situations in which this may be applicable, such as interrupting Shema for one’s non-Jewish boss, and each case should be dealt with individually

One area which is more applicable, however, is if one needs to recite a blessing or respond to the prayer while reading Shema. The Shulhan Aruch (ibid:2-3) says the if one forgot to don one’s Talit or Tefilin, one may stop in between sections and done them with a blessing. Furthermore, one may respond to Kaddish, Kedusha and Barechu even within a section. One may respond to Modim but may only say the word “Modim”.

Another circumstance is if one needs to recite a blessing which is limited in time, such as if one hears thunder and needs to respond immediately. The Mishna Berura (M.B., O.H. 66:19) records a disagreement in such a case. One opinions says that should not lose the opportunity to recite a time-limited blessing and therefore one may interrupt the Shema. Another opinion says that when one is reading Keriat shema, one is already praising Hashem and therefore it is unnecessary to interrupt the Shema to recite another praise. The HIDA (Kesher Gudal, § 9:19) and the Bet Oved side with the latter opinion and it appears that the Sephardic approach is to not interrupt the Shema even for a fleeting blessing.   I

In general, Keriat Shema may be interrupted when someone’s honor is involved, such as if one needs to respond to someone so as not to disrespect or embarrass them, or in order to praise Hashem by responding to certain parts of the prayer. The Kaf Hahaim (K.H., O.H. 66:7) adds that another permitted circumstance would be to prevent someone from performing a sinful act. When it comes to the loss of money however, such as responding to one’s financial advisor while reciting Keriat Shema, it does not appear to permissible to do so, even if the sum is great.

Summary:  Generally speaking one need not interrupt Shema out of fear or honor to greet another person. One may interrupt Shema in order to don one’s Talit or Tefilin if one forgot to do so, or to respond to Barechu, Kaddish, Kedusha or the first word of Modim. One should not interrupt the Shema for a fleeting blessing.

How is Gelila performed?

Before the Torah is read, it is opened to the current Parasha and raised for all congregants to see.  This is commonly known as Hagba’a (lit. “raising”), but in the Moroccan community it is referred to as Gelila (lit. “rolling”). The Torah scrolls used in Morocco were traditionally those that would have two wooden rods (known as Atze Haim) and were placed in an embroidered covering, such as those used in the Ashkenazic community, and whoever performed Gelila would do so with the writing facing him. Interestingly, it appears that Sifre Torah were made this way even in the Talmudic times [see Magen Avot O.H 147].

TThis has implications when one is reading from a Torah scroll that set in a hard box, which is used in many Sephardic communities. The Rama (O.H. 147:4) writes that when one raises the Torah for Gelila, one should do so in the manner practiced in the Moroccan community, that is, while facing the writing of the Torah. Due to the way that box Torah scrolls open, however, it is difficult to do it in this manner and as a result they are commonly raised such that the writing is facing away from the person lifting it. Nevertheless, Rabbi Yosef Sharbit (Orhot Yosher, vol. II, § 14) says that even with a box Torah, one should raise it so that one is facing the writing. Therefore, if reading from a box Sefer Torah, it is proper to accord the honor of Gelila to someone who has the strength and coordination to raise it this way. It goes without saying that if this is not possible and there is a risk of dropping the Torah, then it may be raised with the writing facing away from the person.  

Summary: The Moroccan custom is that Gelila is done such that the writing is facing the person raising the Torah, even when using a box Sefer Torah.

The Shulhan Aruch (Orah Haim, 69:1) discusses a case in which people prayed Shaharit individually because there was no Minyan and then a tenth person joins them. In such a case, one person can serve as a Shaliah Tzibur of sorts, and recite Kaddish, Barechu and the first blessing of Yotzer and thus everyone present could at least merit reciting those portions of the prayer with a Minyan. This procedure is known as Prisa (lt. “slicing”), since one is slicing the prayer into smaller parts, as it were. Rabbi David ben Zimra (Shu”t HaRadbaz, vol. IV, §241) rejects this approach and says that once everyone prayed individually, those parts of the prayer that require a Minyan cannot be recited.The Mishna Berura (M.B., O.H. 69:1) and the Ben Ish Hai (Rav Pe’alim, vol. II, Orah Haim, § 26) concur with the Radbaz. Although Rabbi Ovadia Yosef (Halichot Olam, vol. I, pg. 197) seems to side with the Shulhan Aruch’s ruling, the mainstream Sephardic approach is that Prisa is not performed, since the recital of these blessings might be done in vain. Furthermore, Rabbi Shalom Messas (Shemesh Umagen, vol. III, § 18-21) writes that the Moroccan custom is also not like the Shulhan Aruch.

There is, however, a custom which is universally practiced among Sephardic communities in which a person who missed the prayer with a Minyan can recite out loud the first three blessings of the Amida including Kedusha with the congregants who already prayed. Although it is not practical to wait for the person to recite Barechu and everything after it, this procedure affords one who arrived late the opportunity to recite Kedusha with a Minyan.  The Radbaz in this case would agree with this custom since the person did not yet pray and is allowed to recite Kedusha so long as there is a Minyan to respond. The Ben Ish Hai (ibid.) and the Kaf HaHaim (K.H., O.H. 69:1, 7), citing the Ma’amar Mordechai concur and indeed this is the Sephardic and Moroccan custom.

Summary: The Moroccan custom is unlike the Shulhan Aruch and that Prisa is not performed if a Minyan is formed after the congregants already prayed individually. The Moroccan and Sephardic custom is that if one missed the prayer with a Minyan, one may recite the first three blessings of Amida and the Kedusha with those that already prayed.

There is a question among the Poskim as to whether the custom to stand up during the Aliyah of the Ten Commandments (Aseret Hadibrot) on Shavuot is appropriate or not. This custom, prominent among Moroccans, Ashkenazim and others, dates back to at least the time of the Rambam, who disagreed with it.  The basis of the Rambam’s resistance to this Minhag was that it may appear to the congregants that only the Ten Commandments are important while the remainder of the Torah is superfluous.
 
The HIDA (LeDavid Emet 7:5 and in Tov Ayin 11) does not share the Rambam’s concern because on Shavuot there are other portions of the Torah that are read in addition to the Ten Commandments, which proves that all of the Torah is important. Furthermore, the Rama rules (Orah Haim 1:5) that if it is the only portion being read, the Ten Commandments should not be read in public, out of concern that heretics will claim that only that portion is true. Rabbi Shalom Messas (Shemesh Umagen O.H. 1: 57), Rabbi Yehudah Ayash (Mateh Yehudah 1:6) and Rabbi Moshe Feinstein (Igrot Moshe, O.H. 4:22) all allay the concern regarding heretics because, nowadays a heretic is unlikely to believe only part of the Torah is true, but rather deny the entire Torah, Ten Commandments included.
 
Although there are some that follow the approach of the Rambam, such as Rav Ovadia Yosef, standing up during Aseret Hadibrot is a longstanding tradition and is the custom among Moroccans.   However it is noteworthy to mention that the HIDA writes that is considered disrespectful for a portion of congregants to sit during Aseret Hadibrot in a community whose Minhag is to stand. Rav Ovadia Yosef (Yehave Daat 6:8) says that such people should at least stand at the beginning of the Aliyah so that the community acts uniformly.
 
Summary: The Moroccan custom is to stand up during the Aliyah of Aseret Hadibrot on Shavuot. It is improper to sit down in a community that stands up.
 

The Gemara (Berachot 10b) records a debate between Bet Hillel and Bet Shammai regarding the words “Beshochbecha uvkumecha” (lit. “when you lie and when you arise”) and its application the the recital of Shema. Bet Shammai understands that Shema should be recited while in lying position at night, whereas in the morning, it should be recited while standing up. Bet Hillel, on the other hand, interprets the words to mean that the Shema should be recited at the time that people tend to lie down, that is, at night and also at the time when people arise, that is, in the morning. The accepted Halacha follows the opinion of Bet Hillel.

The Shulhan Aruch (O.H. 63:2) writes that if one wishes to be strict and specifically stand up while reciting Shema in the morning, he is considered to be a sinner, because he disregards the Halacha that the Sages accepted. Nevertheless, the Ben Ish Hai (Parashat Vaera, § 15) and the Mishna Berura (M.B., O.H. 63:5) say that if one wishes to stand because it will enhance one’s focus, then it is permissible. Similarly, if one stands up for Shema because it will prevent one from becoming tired in the prayer, for example, and one’s fellow congregants know that one is not doing it to follow the opinion of Bet Shammai, then it is also allowed.

The Shulhan Aruch (ibid:1) also says that although one may recite Shema while walking, while riding an animal or while reclining, one should not do so while lying flat on one’s back or on one’s stomach as it is appears irreverent. Therefore, if one is sick in bed and one wishes not to miss the time for Shema, one should turn to one’s side or at least raise one’s body to recite it.  Similarly, if one is walking and wishes to recite Shema, the Shulhan Aruch (ibid:3) says that one should stop and recite at least the first verse while stationary. The Ben Ish Hai (ibid., § 14) and others say that one should be stringent and remain stationary until at least the words “Al Levavecha”. Furthermore, if one is at work or the like, one should stop what one is doing to recite Shema with the proper focus and decorum.

Summary: One may recite Shema in the morning while standing up as long as it not because one is specifically following the opinion of Bet Shammai. Although one may recite Shema in different positions, it is preferable to do so in a manner befitting this Mitzvah.

The Shulhan Aruch (O.H. 58:1) says that the time for reciting Keriat Shema in the morning begins from when there is sufficient sunlight that one can recognize one’s close friend within four Amot. There are different opinions as to when this is, and the range is between thirty to sixty minutes before sunrise. The time for reading Shema extends till three hours into the day. The optimal time to read Keriat Shema and its blessings is a little bit before sunrise such that one can recite the Amida right at sunrise.

All agree that Shema can be fulfilled on a biblical level up until the end of the third Halachic hour (Sha’a Zmanit) of the day, however, there is a classic debate as to what the starting point of the day is. The Magen Avraham (M.A., O.H. 58:1) holds that the beginning of the day is reckoned from Alot Hashahar (dawn), the time in which the earliest rays of sunshine can be seen on the horizon. The Vilna Gaon, on the other hand, says that the day begins at sunrise. Since dawn is around seventy two minutes before sunrise, then there is a significant difference as to the latest time that one is able to fulfil the Mitzvah of Shema. The HIDA (Haim Sha’al) writes that the Sephardic custom is to follow the opinion of the Magen Avraham since this appears to be the position of the Shulhan Aruch. Rabbi Ben Zion Abba Shaul (Or Lezion, vol. II, ch. 6, § 1) concurs.

Nevertheless, Rabbi Yedidya Monsenego (Pirhe Shoshanim, § 9), Rabbi Yosef Messas (Otzar Hamichtavim, vol. III, § 1825), Rabbi Yitzhak Hazan (Yehave Da’at, vol I, § 11) and Rabbi Moshe Malka (Mikve Hamayim, vol. IV, §  8) all write that the accepted custom in Morocco was to rely on the later time of the Vilna Gaon specifically on Shabbat. That being said, since it is a biblical commandment it is praiseworthy to read Shema prior to the end of the third hour according to the Magen Avraham if one is able to. Interestingly, there is a point early in the Korbanot section of Shaharit in which Shema is recited through which one could fulfil one’s obligation . Indeed, Rabbi Baruch Toledano says that even on Shabbat when the later opinion could be relied upon, by reading the Shema in the Korbanot one has the opportunity to fulfil the commandment according to the earlier opinion.

Summary: Regarding the latest time to recite Shema in the morning, the Sephardic custom is to follow the opinion of the Magen Avraham. The Moroccan custom is that one may rely upon the time of the Vilna Gaon on Shabbat.

Should Yishtabah be recited during Barechu?

The Shulhan Aruch (O.H. 57:1) records a practice in which the congregation says several verses, beginning with the word “Yishtabah”, while the Shaliah Tzibur stretches out the recital of “Barechu,” such as on Shabbat or holidays. This is a prevalent custom in the Moroccan community and the full text of can be found in all Moroccan Siddurim next to Barechu. The Rosh (§ 4:19), the Tur (O.H. § 57) and the Avudraham all write that this custom existed and was prevalent in Spain in the era of the early Rishonim. Furthermore, the Arizal (Sha’ar Hakavanot, pg. 51) encourages the recital of Yishtabah when Barechu is being said.

The Magen Avraham (M.A., O.H. 57:3), posits that one should listen to Barechu being recited by the Shaliah Tzibur and therefore one may only say the words of Yishtabah when the words of  Barechu are being stretched in singing. Rabbi Baruch Toledano, contrary to the mainstream Moroccan practice, concurs with the Magen Avraham. The aforementioned Rishonim who cite this custom do not make a distinction as to when Yishtabah should  be said, and as such, the prevalent Moroccan custom is to recite Yishtbah even when the Shaliah Tzibur is saying the words of Barechu. Additionally, Rabbi Ya’akov Hillel (Mekabtziel, vol.XXXI, pg.121) says that from the language of the Arizal, he seems to imply that Yishtbah should be said specifically when the Shaliah Tzibur is saying the words of Barechu.

This is similar to the custom of reciting Kedusha in sync with the Shaliah Tzibur, even though one may have thought that one should be silent and listen to him recite it. One way to reconcile this is that one gives validity to the a blessing or prayer when one listens silently and responds to it. So too in this case, by reciting the verses one is actively aware of what the Shaliah Tzibur is saying even though one is not silently listening and, indeed, these verses are a validation of what the Shaliah Tzibur is saying. Furthermore, the Gemara (Rosh Hashana 27a) says that although two simultaneous voices are incomprehensible, when whatever is being listened to is dear to someone, there is no deficiency in making out those two voices.

This custom should be strengthened as it has bona fide sources and because its words praise Hashem and give great honor to the recital of Barechu and to the subsequent blessings of Shema. Although Yishtabah could be recited anytime Barechu is said, it is typically done one Shabbat and holidays when there is a tendency for the Shaliah Tzibur to chant, thus giving the congregants ample time to say all the verses.

Summary: The Moroccan custom is to recite the verses of Yishtabah while the Shaliah Tzibur recites Barechu.

 Does one prostrate during Kaddish and Barechu?

The Shulhan Aruch (O.H. 56:4) lists five instances in which the Shaliah Tzibur should bend forward while reciting Kaddish, and those are 1) Yitgadal, 2) Yehe Sheme Raba, 3)Yitbarach, 4) Berich Hu, and 5) Amen. Neverthteless, Rabbi Yosef Benaim (Noheg Behochma, pg. 191) and Rabbi Elazar Tobo (Pekudat Elazar) write that the custom in Morocco was not to be particular about this, specifically because these prostrations were not enacted by our Sages and are simply a custom.

Regarding congregants bending when “Barechu” is recited, Rabbi Ben Zion Abba Shaul (Or Lezion, vol. II, ch. 5) says similarly, that one should not bow unless enacted by our Sages and in this case it was not enacted. As such, he suggests that one should remain seated when Barechu is recited. Rabbi Shalom Messas (Shemesh Umagen, vol. III, §60 2) also says that the original Moroccan custom was also not to prostrate during Barechu.

That said, it is common for people to stand and bow, and even among those who do not, many at least do slightly rise from their seats during Barechu. The Biur Halacha (§ 113), citing Rabbi Yosef Shaul Nathanson (Magen Giborim), justifies this practice and brings proof from the Tanach (Shoftim 3:20), in which Eglon rose from his throne when Ehud told him the words of Hashem. Therefore, there appears to be a source to bow when one hears Hashem’s Name such as in Barechu. Furthermore, even though some contemporary Poskim write that one should not bow, it appears that the practice to bow is simply a sign of honor when hearing Barechu and is not a full fledged prostration which our Sages were referring to.

Summary:   The Moroccan custom is for the Shaliah Tzibur not to particular about the five prostrations during Kaddish. Although the original Moroccan custom was not to rise and bow during Barechu, the common practice is to do so or to at least rise slightly from one’s seat.

When does one stand for Kaddish?

The Rama (O.H. 56:1) writes that one should stand whenever one hears Kaddish being recited, and indeed, this is the Ashkenazic custom. On the other hand, the Mishna Berura (M.B., O.H. 56:8), citing the Sha’ar Hakavanot, says that the custom of the Arizal was to sit during Kaddish, unless he was already standing when Kaddish started to be recited, or in the Kaddish that follows the Amida. If one is already standing when Kaddish is being recited, it is considered disrespectful to sit down. Similarly, if one is standing and knows that Kaddish is about to be recited, such as immediately after the Amida, one should not sit down quickly to avoid standing during Kaddish, as this too is disrespectful. Rather, if one is already sitting, does not have to stand up specifically for the recital of Kaddish. The common Sephardic custom is in line with the Arizal’s practice.

Regarding a Sephardic person who happens to be praying among Ashkenazim, Rabbi Ben Zion Abba Shaul (Or Lezion, vol. II, ch. 5, § 9) says that one should not deviate from the local custom and should stand during Kaddish. If, however, there are people in such a communtiy who sit during Kaddish, such as the elderly or infirm, and it will not be noticeable that one sits, one may sit down during Kaddish. Rabbi Ovadia Yosef (Yehave Da’at, vol. III, § 4) concurs with this position

Regarding the Kaddish which is recited before Barechu on Friday night, the Sha’are Teshuva, citing the Mahari Saruk, says that one should stand for this Kaddish. The Be’er Hetev, understands this to actually mean that one should stand during the Kaddish recited before the Amida, when the words “Ufros Alenu” are recited. It is quoted in the name of Rabbi Haim Vital that one should stand for the Kaddish before the Amida of Shabbat night because it is at this time that one acquires an additional soul. Although the source to this is not clear, in any event, the Ben Ish Hai (Vayera) writes that it is during the Kaddish preceding Barechu that one acquires the additional soul and one should therefore stand then.

Notwithstanding, the  Moroccan custom is to sit during the Kaddish which precedes Barechu on Friday night as the source to stand during this Kaddish is not written in the original works of the Arizal and they even seem to imply the opposite, specifically that one should remain sitting for all of the Kaddish’s. Furthermore, the Kaf Hahaim (K.H., O.H. 56:53) points out that if one stands during this Kaddish because one is accepting an additional soul, then one should stand during the recital of Nishmat on Shabbat morning, when one again acquires an additional soul, and it is known that this is not the common practice. As such, it would be illogical to stand for one part of the prayer to accept the additional soul but not the other.

Summary:   The Moroccan custom is to remain seated when Kaddish is recited before Barechu on Shabbat night. Regarding this and all other recitals of Kaddish, one should not sit if one is already standing up. If one is standing, one should not quickly sit down to avoid standing up when one knows Kaddish is about to be recited.