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Special Tefilla to say before and after learning

2019-07-01T03:25:20Z

Yabadi: grammatical error

==Obligation==

#There is an obligation to say the prayer before learning so that Hashem will help him not to make a mistake while learning and after one learns to thank Hashem for one’s portion in Torah. <ref>*The Mishna Brachot 28b records the practice of Rabbi Nechuneyah Ben HaKanah to pray before learning that Hashem will help him not to make a mistake in learning and after learning to thank Hashem for his portion in Torah. Then the Gemara continues to delineate the text of the prayer. The Rif 19a, Rambam (Brachot 10:23), Rosh (Brachot 4:12), Tur and S”A 110:8 bring these prayers as halacha. [There are slight differences in the versions between these poskim, see there.]
*The Rambam in Pirush Mishnayot (Brachot 4:2) writes that this prayer is an obligation and infers it from the language of the Gemara which says “the text a person says is as follows” and not “Rabbi Nechuniya used to say the following”. This is quoted by the Rabbenu Manoach (Brachot 10:23). The Mishna Brurah 110:36 quotes this as halacha.</ref> Nonetheless those who don’t say it regularly have what to rely on but one should be careful to say it daily. <ref>Yalkut Yosef (Tefillah vol 2 pg 15), Piskei Teshuvot 110:10. [See the Aruch HaShulchan 110:16 who defends those who don’t say it because they aren’t involved in giving a halachic ruling and those who are giving a ruling are at home and not in the Bet Midrash.]</ref>
#Even if one learned all day to oneself one should still say both these prayers, however, the one before learning should be said without the lines:וישמחו בי חברי and ולא יכשלו חברי בדבר הלכה ואשמח בהם<ref>Mishna Brurah 110:35 and 37 </ref>

==Procedure of saying these Tefillot==

#One Tefillah before learning and one after learning suffices for the whole day. <ref>Piskei Teshuvot 110:10, Magen Avraham 110:16 </ref>
#One may say these prays while sitting or standing. There’s no obligation to bow, face Yerushalayim, or fall on one’s face while saying these prayers. <ref>The Rambam in Pirush Mishnayot (Brachot 4:2), Rabbenu Manoach (Brachot 10:23), Mishna Brurah 110:36, Yalkut Yosef (Tefillah vol 2 pg 15) </ref>
#It is permitted to say this tefillah before learning even on Shabbat since it is a spiritual request.<ref>Torat HaYeshiva 8:1, Halichot Shlomo Tefillah 14:11. See Mishna Brurah 188:9</ref>

==The text of the Tefillah==

#The text of the prayer before learning is: יהי רצון מלפניך ה' אלהי, שלא תארע דבר תקלה על ידי, ולא אכשל בדבר הלכה וישמחו בי חברי. ולא אומר על טמא טהור, ולא על טהור טמא. ולא יכשלו חברי בדבר הלכה ואשמח בהם. <ref>Gemara Brachot 28b, S”A 110:8, Aruch HaShulchan 110:8. Aruch HaShulchan 110:8 explains that the phrase ולא אכשל בדבר הלכה וישמחו בי חברי means that I shouldn't make a mistake in halacha and my friend should be happy that I avoided making a mistake. See, however, Rashi on Gemara Brachot 28b.</ref>
#The text of the prayer after learning is: מודה אני לפניך ה' אלהי, ששמת חלקי מיושבי בית המדרש, ולא שמת חלקי מיושבי קרנות. שאני משכים והם משכימים: אני משכים לדברי תורה, והם משכימים לדברים בטלים. אני עמל והם עמלים: אני עמל ומקבל שכר, והם עמלים ואין מקבלים שכר. אני רץ והם רצים: אני רץ לחיי העולם הבא, והם רצים לבאר שחת.<ref>Gemara Brachot 28b, S”A 110:8, Aruch HaShulchan 110:8 </ref>
#These prayers do not have a conclusion of a Bracha such as Baruch Atta. <ref>The Rambam in Pirush Mishnayot (Brachot 4:2), Rabbenu Manoach (Brachot 10:23), Yalkut Yosef (Tefillah vol 2 pg 15) </ref>

==Sources==
<references />

Tearing Keriya

2019-06-20T04:15:57Z

Yabadi: /* Talmid Chacham */

If one's relative passed away, one is obligated to tear one's garments as an act of [[mourning]].<ref>Kitzur S”A 195:1. The Rosh Moed Katan 3:44 quotes the Raavad as holding that tearing keriya is biblical, while the Ramban argues that it is only rabbinic. The Shach 340:2 cites the opinion of the Ramban.</ref> This obligation is called Keriyah (lit. tearing). The details of this halacha are discussed below.
==Procedure==
===Standing===

#One must tear Keriyah while standing. If one did it seated, one didn't fulfill one's obligation and so, one should tear one's garment again<ref>Shulchan Aruch 340:1, Kitzur Shulchan Aruch 195:1</ref> without a bracha.<ref>Rav Mordechai Eliyahu's comment on Kitzur Shulchan Aruch 195:1</ref>
#A elder or disabled person who can't stand, should tear Keriyah while seated. <ref>Rav Mordechai Eliyahu's comment on Kitzur Shulchan Aruch 195:1</ref>

===Where on the garment to rip===

#One should tear the front of the shirt from the collar downward (vertically) and not across. If one tore the back, the bottom, or the side one didn't fulfill his obligation.<ref>Shulchan Aruch YD 340:2, Kitzur Shulchan Aruch 195:2</ref>
#One must tear the garment where it was originally complete and not an area which was only sewn together. <ref>Kitzur Shulchan Aruch 195:2</ref>
#One who is [[mourning]] a parent should tear on the left side of one's body so as to uncover one's heart, but one who is [[mourning]] any other relative should tear on the right side of one's body. If one did otherwise, after the fact one fulfilled one's obligation either way.<ref>Kitzur Shulchan Aruch 195:4</ref>

===How to do the tear===

#For a parent one must tear with one’s hands and for another relative one can tear with one’s hands or with knife. Even for a parent the minhag is to start with a knife and then the person tears downward a tefach.<ref>Kitzur Shulchan Aruch 195:5, Chazon Ovadia (Aveilut v. 1 p. 229), Rav Mordechai Eliyahu's comment on Kitzur Shulchan Aruch 195:3</ref>
#The Sephardic minhag is that someone else does the kriyah for the mourner and he recites the bracha.<ref>Birkei Yosef 340:12, Chazon Ovadia (Aveilut v. 1 p. 229)</ref>

===Which Garments to Tear===

#One who is [[mourning]] any relative other than a parent should tear should tear one's outer garment such as one's shirt, but not an outer garment which one only wears sometimes such as a coat or jacket. <ref>Shulchan Aruch rules that one doesn't have to tear kriyah on an outer garment. The Taz 340:5 explains that this outer garment is something only worn for modesty in a shul or outdoors but not in a private house. The Nekudat Hakesef argues that the outer garment is only exempt if it is something worn for modesty just in shul but if it is a garment always worn in the street even if it isn't worn at home it is still obligated in kriyah. Kitzur Shulchan Aruch 195:3 rules like the Shach and writes that one who is [[mourning]] a relative other than a parent doesn't rip one's outer garment which one sometimes goes in the street with and sometimes not. Rav Mordechai Eliyahu's comment on Kitzur Shulchan Aruch 195:4 writes that such a mourner should rip his shirt and not his coat. [http://www.yutorah.org/sidebar/lecture.cfm/880233/rabbi-mordechai-i-willig/aveilut-shiur-20-keriya-on-the-seventh-day-after-changing-hilchot-keriya-tefillin-first-day/ Rabbi Mordechai Willig (Aveilut Shiur 20)] explained that since people don't always wears a jacket inside or even in the street it is considered an outer garment that doesn't need to be ripped. </ref>
#One who is [[mourning]] a parent should tear one's outer garment as well as any undershirt that one is wearing until one reveals the skin covering one's heart. One does not need to tear a outer garment which one only wears sometimes such as a coat or jacket. <ref>Kitzur S”A 195:3 writes that one who is [[mourning]] a parent should rip one's outer garment as well as all inner garments until one reveals one's heart, but one doesn't need to rip a coat which sometimes wears. Rav Mordechai Eliyahu's comment on Kitzur S”A 195:4 writes that such a mourner should rip his shirt and not his coat. </ref>
#If one only tore some of the garments which one was obligated to tear, one has not fulfilled his obligation. <ref>Kitzur S”A 195:3</ref>

===How far to tear===

#If one is [[mourning]] any relative other than a parent one should tear the length of a [[Tefach]] and not more because of a concern of Baal Tashchit. <ref>Shulchan Aruch YD 340:3, Kitzur Shulchan Aruch 195:3</ref>
#One who is [[mourning]] one's parents should tear until the skin covering one's heart is revealed. <ref>Shulchan Aruch YD 340:3, Kitzur Shulchan Aruch 195:3</ref>
#If one is wearing an already torn garment when one is tearing kriyah for a relative other than a parent it is sufficient to rip a little bit unless he is still in the middle of [[shiva]] mourning for the relative from whom he tore the shirt the first time, in which case one has to rip a [[tefach]] for the other relative.<ref>Shulchan Aruch YD 340:3</ref>

==When to tear Keriyah==

#Ideally a person should tear kriyah immediately or as soon as possible after the person dies or he hears about it.<ref>Kitzur Shulchan Aruch 195:1, Chazon Ovadia (Aveilut v. 1 p. 226)</ref> The minhag, however, is to tear kriyah after the burial or before the seudat havrah. This minhag has what to rely upon.<ref>Chazon Ovadia (Aveilut v. 1 p. 226) writes that the Sephardic minhag to tear kriyah after the burial has what to rely upon. Rav Mordechai Eliyahu's comment on Kitzur S”A 195:2 confirms this minhag.</ref>
#If someone's relative died he doesn't tear keriya on Yom Tov even the second day.<ref>Rambam (Aveilut 11:1), Shulchan Aruch YD 399:13</ref>
#On Chol Hamoed it is permitted to tear kriyah for a relative for whom one has an obligation to tear kriyah.<ref>Shulchan Aruch YD 401:2</ref>

==Keriyah for women==

#A woman who is [[mourning]] a parent should tear Keriyah on the inner garment first, turn that tear to the side, and then tear the outer garment so as not to reveal the skin covering her heart.<ref>Kitzur Shulchan Aruch 195:3</ref>
#While the minhag of some Sephardi women is not to tear Keriyah at all out of concern for tziniut<ref>Rav Mordechai Eliyahu comments on Kitzur Shulchan Aruch 195:5</ref>, many poskim hold that this is in error.<ref>Moed Katan 22b explicitly states that women have to tear kriyah but for a parent she should tear her inner garment and then turn it and then tear the outer garment. Chazon Ovadia (Aveilut v. 1 p. 236) writes that any rabbi who tells women that they don't need to tear kriyah is mistaken and need to be rebuked harshly.</ref>

==For whom does one tear Keriyah==

#For any relative for whom a person is supposed to mourn he must tear kriyah. These include: A mother, father, son, daughter, brother, sister, and wife.<ref>Shulchan Aruch YD 340:1, 374:4</ref>
#Additionally, if one of the seven relatives are in mourning one should tear kriyah before those relatives to join them. The Ashkenazic minhag is not to tear for a relative's relative today.<ref>Shulchan Aruch and Rama YD 340:4</ref>

===A Good Person===

#Someone who has a good reputation, isn't suspected of any aveirah or omission of a mitzvah, even if he isn't great in torah one should tear kriyah if he knew about it between the death and the burial.<ref>Shulchan Aruch YD 340:6</ref> The Ashkenazic minhag is not to tear kriyah on a good person unless one was present at the death.<ref>Rama YD 340:6</ref>

===Talmid Chacham===

#For a chacham or talmid chacham who could answer a question of halacha in any area of torah one should tear kriyah when one hears about his death and if one missed that then when they eulogize him. This kriyah is until one reveals one's heart. Ashkenazim hold that this only applies to a talmid chacham who one learned from.<ref>Shulchan Aruch and Rama YD 340:7</ref>
#The minhag is not to tear Keriyah upon hearing about the passing of a Talmid Chacham unless it is one's Rebbe Muvhak.<ref>Shach YD 340:17, Yalkut Yosef YD 9:15</ref>
#A rebbe muvhak is someone who whom you learned the majority of your learning whether it is in tanach, mishna, or gemara. This kriyah is until one exposes one's heart and some say one tefach.<ref>Shulchan Aruch YD 340:8</ref>
#The minhag is not to tear kriyah for a chevrusa from whom one learned from.<ref>Rama YD 340:8</ref>

===Patient at time of death===
see Nishmas Avraham vol 1 oc 223:6 and vol 2 Y.D 340:2 for lengthy discussion

#While the Talmud and the Shulchan Aruch clearly state that a person is obligated to rend one’s garments when present at the passing<ref>The Bet Yosef Y.D 340:6 notes that the Ramban and the Rosh cite the Raavad that this includes from the time of death to the time of burial (also Ritva Moed Katan 25a, see Prishah on the Tur note 10). However, the Rama Y.D 340:5 citing the Raavya limits it to the simple interpretation of being present at the time of death, and the practice is to be lenient (Rambam Avel 9:11 seems to hold this way as well).</ref> of another Jew<ref>The gemara in Moed Katan 25a praises one who mourns an “adam kasher” and states that in fact it is an obligation. Similarly, the gemara says that if a person was standing by a Jew at the time of death then again there is a requirement to mourn and tear keriya. Tur Y.D 340 cites R Yonah that so long as the person is not suspected of sinning, one rends his garment. He further cites the Maharam Rutenburg who maintains that the enactment includes Jews who at times violate commandments for pleasure or out of laziness, but not apostate Jews. The Shulchan Aruch Y.D 340:5 writes in accordance with R' Yonah, whereas the Rama writes in accordance with the Maharam Rutenburg. The Rambam (Avel 9:11) seems to understand that the gemara was not relating to the previous statement when it cited the law that one rend one’s garment over the passing of another Jew, and thus rules that this applies to all Jews. The Nishmas Avraham Vol 1 (O.C 223 note 6) write that for this enactment to apply, the deceased must be one who is not suspect on any transgressions. See there for further discussion.<br />
The gemara explains that the reason for this enactment is because when a Jew dies it is like a sefer Torah was burned. There is a version of Rashi which elaborates that this line means that the person could have learned more Torah. Some explain that according to Rashi this enactment does not apply to women (Ramban, Ritva, Tur). However, others explain that even Rashi would agree that this enactment applies to women (Rashba, Beit Yosef).</ref>, the common practice is to be lenient<ref>There are three reasons brought down for the leniency today: 1) the takanah is waived so that people will stand there at the time of death (Shulchan Gavoha YD 339:4, Gesher Hachayim 14:9); 2) the sick person waives the takanah so that people will be there at the time of death (Shut Torat Chesed OC 17:6); 3) practically we cannot allow so much garment rending; otherwise people will run out of clothing and die of cold (Shulchan Gavohah YD 339:4 based on Rama YD 340:7; also Kaf Hachayim OC 547:25). The Nishmas Avraham (vol 2 YD 340:2) holds that there should be a chiyuv as these reasons are weak and the rabbis never worried about such things. However from what he writes in OC 223:6 it is clear that he does not believe that one who does not rend one’s garments is mistaken, nor is it clear that he would advise one to rend, based on common practice not to do so.<br /> Rav Schachter ([http://www.halachipedia.com/documents/5776/Halachos_for_Professionals.pdf oral communication cited in Halachos for Professionals]) said regarding similar laws of kriya on non-relatives, like a rebbe muvhak, that one should only observe these laws nowadays if his actions will not seem out of place or disproportionate to his relationship with the person or otherwise inappropriate; however if it would not seem out of place or cause stress to the mourners then such expressions would be appropriate.</ref>, especially for doctors and nurses.<ref>The Nishmas Avraham discusses poskim who are lenient not to tear since the coat that they wear on top is not their own (Tzitz Eliezer vol 13 35:4). He himself holds on principle that one would be required to rend the garment underneath for two reasons: first, because some say that if one rends the lower garment one still fulfills his obligation, and second as the white doctors’ coat does not count as an upper garment, rather the lower garment (the doctor’s personal shirt) would count as the upper garment (Rabbi Neuwirth, Rabbi Shlomo Zalman Auerbach). It would seem that today even the Nishmas Avraham would agree not to rend for doctors and nurses who wear scrubs and their lower garments are also not their own. (See Shulchan Aruch YD 340:34) </ref>
#One who does rend his garments when present at the time of death need not tear a full tefach for each passing, rather one tefach for the first and then add on a little bit (kol shehu) for each subsequent passing.<ref>Igros Moshe CM vol 2 73:10</ref>

==Sources==
<references />
[[Category:Mourning]]

Where Is It Permissible to Recite Brachot?

2019-06-20T03:58:48Z

Yabadi: /* Learning or Thinking Torah in Unclean Areas */

Chazal learn from the pasuk "והיה מחניך קדוש" "Your camp should be holy"<ref>Devarim 23:15</ref> 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 Torah]], 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.<ref>Shabbat 150a, Brachot 25a, Kitzur Shulchan Aruch 5:1</ref> 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==
===In a Bathroom or Bathroom===

#It is forbidden to learn Torah or recite Brachot in a bathroom.<ref>Gemara Brachot 26a, Shulchan Aruch 83:4</ref> The poskim say that this is also true with modern bathrooms.<ref>Igrot Moshe EH 1:114</ref>
#It is permitted to recite a bracha outside a bathroom even if the door is open.<ref>Igrot Moshe EH 1:114</ref>
#One may speak Hebrew in the bathroom, but it is a pious practice not to. <ref>Shulchan Aruch 85:2, Mishna Brurah 85:9</ref>
#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.<ref>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.</ref>

===In Front of Feces or Urine===

#It is forbidden to recite or even think words of [[Kedusha]] in an area where there is uncovered urine, human feces, or something that stinks. <ref>Shulchan Aruch 85:2, Kitzur Shulchan Aruch 5:2</ref> One may not learn in front of human feces as far as one can see it and if it is on the side or behind oneself it is permitted to recite words of Kedusha if one is 4 amot from where it doesn't smell.<ref>Rav Chisda in brachot 25a holds that one needsd to distance from feces 4 amot from where the smell stopped. The Rosh (Brachot 3:46) and Rif Brachot 16b hold like Rav Chisda while the Rambam (Kriyat Shema 3:12) held like Rav Huna that as long as one can't smell it is permitted to learn Torah. Shulchan Aruch 79:1 holds like the Rosh and Rif.

*Rava in Brachot 25a states that if the feces is in front of oneself one can't say Shema even if it is far away. The Rambam (Kriyat Shema 3:8) writes that having the feces on one's side is the equivalent to having it behind oneself. Shulchan Aruch 79:1 accepts the Rambam.</ref>
##If a person can't smell he needs to distance himself from feces as far as someone who could smell.<ref>Rosh Brachot 3:46, Tur and Shulchan Aruch 79:1</ref>
##If a person is blind or it is dark and can't see the feces one still needs to distance oneself from the feces as far as someone who could see when it was light.<ref>Yerushalmi Brachot 3:5, Rosh Brachot 3:46, Tur and Shulchan Aruch 79:1</ref>
#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.<ref>Kitzur Shulchan Aruch 5:2</ref>
#If there is feces on one's body, one may not involve oneself in Divrei [[Kedusha]] even if it is covered.<ref>Kitzur Shulchan Aruch 5:3</ref>
#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.<ref>[http://www.yutorah.org/sidebar/lecture.cfm/891935/rabbi-hershel-schachter/berachos-56-25ab-modern-bathrooms-tzoah-libo-roeh-es-haervah-glass-akum-issur-chal-al-issur/ Rav Hershel Schachter (Brachot Shiur 56 around min 85)]</ref>

====In Another Room====

#If feces are in a small room it is permitted to learn Torah in the large room attached to the small room even if one is within 4 amot.<ref>The Gemara Eruvin 92a establishes that if there's feces in a small room attached to a big room it is permitted to learn Torah in the big room. The reason is that the larger room which isn't completely open to the small room is a separate domain and one doesn't have to be concerned with the feces. This is codified by the Rosh Brachot 3:46, Tur and Shulchan Aruch 79:3.</ref> Even if one can see the feces it is permitted to learn Torah but it is preferable to be strict to turn away.<ref>The Rosh Brachot 3:46 understands that since the feces are in another domain it is permitted to learn Torah even if one can see them. However, the Rashba Brachot 25a argues that even one can see the feces it is always forbidden to learn. Bet Yosef 79:2 rules that the halacha follows the Rosh but it is preferable to be strict for the Rashba.</ref> Even if the feces are in another room it is an issue if one can still smell the feces.<ref>Rambam Kriyat Shema 3:9 writes that even if feces are in another domain it is still an issue if one can smell them. The Rabbenu Yonah 16b s.v. vim writes that some disagree with the Rambam since it is in another domain. Shulchan Aruch 79:2 holds like the Rambam.</ref>
#If there are feces in a large room then it is forbidden to learn Torah even in the small room attached to it until one distances oneself as though it was in the same room.<ref>Eruvin 92a, Rosh Brachot 3:46, Tur and Shulchan Aruch 79:3</ref>
#If feces are outside it is permitted to learn Torah inside the house as long as one can't smell them.<ref>Shulchan Aruch 79:2</ref>

====Animal Feces====

#Unlike human feces where it is forbidden to learn Torah as long as one can see the feces unless it is behind oneself when one can learn Torah if one is 4 amot from where it smells, for animal feces it is permitted to learn Torah as long as one is 4 amot from where it smells even if one can see it.<ref>The Gemara Brachot 25a establishes that it is permitted to say Kriyat Shema next to dog or pig feces unless they are mixed with hides. Additionally, the Yerushalmi Brachot 3:5 concludes that the only animal feces are only an issue for Kriyat Shema in a few cases including a donkey, pig, and chicken. Tur and Shulchan Aruch 79:4 conclude that in general one can say Kriyat Shema next to animal feces. Nonetheless, the Tur adds that one can't say Kriyat Shema if one can still smell it. Bet Yosef explains that the Tur is based on the halacha of nevelah and if so it really means you need to distance yourself 4 amot from the smell stops. The Maharalbach (Chidushei Hagahot 79:1) argues that animal feces are like passing gas and as long as it doesn't smell where one is it is permitted even if it is within 4 amot. Olot Tamid 79:8 agrees with Bet Yosef as Shulchan Aruch rules.</ref>
#It is permitted to recite brachot in front of dog or pig feces as long as where one is standing 4 amot from where the smell stops.<ref>Brachot 25a establishes that dog and pig feces are only an issue if they are mixed with hides when it smell profusely. Tur 79:4 adds that one should still distance oneself to a place where it doesn't smell. Bet Yosef 79:4 explains that the Tur compared it to a rotting carcass where one needs to distance oneself 4 amot from where the smell stops. Shulchan Aruch 79:4 codifies this halacha.</ref> # Feces of cats are like human feces in that it is forbidden to recite a bracha in front of oneself as far as one can see and behind oneself 4 amot.<ref>Rosh Brachot 3:46 writes that one needs to distance oneself from cat feces since it is smelly like human feces.</ref>

====Garbage====

#One can't say any dvar shebekedusha near a bad smelling garbage even if there isn't any feces in it if the smell is a result of anything that is a result of decay or decomposition.<ref>Mishna Brurah 79:29 citing Levush. [https://www.yutorah.org/sidebar/lecture.cfm/891935/rabbi-hershel-schachter/berachos-56-25ab-modern-bathrooms-tzoah-libo-roeh-es-haervah-glass-akum-issur-chal-al-issur/ Rav Schachter (Brachot Shiur 56 beginning)] commented that you need to distance from rotting food and vomit but not from a naturally occurring bad smelling chemical like sulfur.</ref>

===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 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 is Improperly Dressed===

#If someone is wearing an undergarment that covers one's private area even if he isn't wearing other garments, strictly speaking one may recite kriyat shema, brachot, or Torah but he can't daven Shemona Esrei.<ref>Gemara Brachot 25a, Shulchan Aruch 74:6</ref> However, unless it is an extenuating circumstance one should wear respectful clothing for kriyat shema, brachot or Torah.<ref>Mishna Brurah 74:22</ref>
#If there's no separation between one's heart and one's nakedness one may not recite a bracha or learn Torah. For example, if someone is wearing a loose robe or another piece of clothing that doesn't separate between one's heart and one's private area one may not recite a bracha or learn Torah.<ref>The Gemara Brachot 25b cites a dispute if a person's heart "sees" his nakedness whether he may recite Kriyat Shema. Tosfot s.v. vehari writes the while Rabbenu Shemaya held that it was permitted the Ri disagreed. Rif Brachot 16b, Rambam Kriyat Shema 2:7, and Rosh 3:50 hold like the Ri that it is forbidden to say Kriyat Shema in such a state. Shulchan Aruch 74:1 codifies that opinion.</ref>
#If a person is standing in water unclothed with his head out of the water he needs to create a separation between his heart and his nakedness in order to recite a bracha. This can be accomplished by covering one's private area with a towel. Alternatively, if one wraps one's arms around one's chest and heart that can serve as a barrier between one's private area and one's heart. Yet merely using one's hand to cover one's chest doesn't serve as a barrier between one's heart and one's nakedness. Lastly, kicking up the water is effective only if the floor is a dirt floor but if it is tiled and the water is clear kicking up the water doesn't suffice.<ref>Rabbenu Yonah 16b s.v. aval explains that there are two issues with making a bracha unclothed; one is that one's eyes can't be in view of ervah and the second is that one's heart can't be in view of one's ervah. However, since one's nakedness is underwater and one's eyes aren't, the ervah is considered in a different domain from one's eyes. Yet, the issue of his heart seeing the ervah continues to exist. That is solved by kicking up the water so that the water is murky, by covering one's ervah with a towel, or by pressing one's a arms against one's chest to create a barrier between the heart and ervah. Shulchan Aruch 74:2-3 holds that holding one's hands against one's chest isn't a solution for creating one's heart seeing one's ervah, but wrapping one's arms around one's chest is sufficient. Mishna Brurah 73:13 explains that one's hands can cover one's heart because one's own body doesn't count as a covering but wrapping one's arms around one's chest which is an abnormal way to hold oneself it is a sufficient barrier. Mishna Brurah 74:11 quotes the Magen Avraham who holds that kicking up the water is a solution as the Gemara Brachot 25b describes only if there is dirt on the floor and kicking up the water and dirt will make the water unclear but if the water is clear and floor is tiled then kicking up water doesn't help. However, the Mishna Brurah concludes by citing the Or Zaruah that it is effective to kick up the water even if the water is clear and the floor is tiled. Aruch Hashulchan 74:12 holds like the Magen Avraham. </ref>
#Some say that there's no issue for a woman regarding the issue of her heart seeing her nakedness. Therefore, a woman would be allowed to recite a bracha while in the mikveh with their private area underwater and head out of the water. Additionally, a woman can recite a bracha while wearing a loose robe.<ref>Shulchan Aruch 74:4 citing the Orchot Chaim. Shach YD 200:1 writes that the minhag follows this opinion.</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>

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===

#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 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>
#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>

==Sources==
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[[Category:Learning Torah]]
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