Halacha
הלכה א
הַקוֹרֵא אֶת שְׁמַע רוֹחֵץ יָדָיו בַּמַּיִם קֹדֶם שֶׁיִּקְרָא. הִגִּיעַ זְמַן קְרִיאָתָהּ וְלֹא מָצָא מַיִם קֹדֶם שֶׁיִּקְרָא לֹא יְאַחֵר קְרִיאָתָהּ וְיֵלֵךְ לְבַקֵּשׁ מַיִם אֶלָּא מְקַנֵּחַ יָדָיו בֶּעָפָר אוֹ בִּצְרוֹר אוֹ בְּקוֹרָה וְכַיּוֹצֵא בָּהֶן וְקוֹרֵא:
כסף משנה
1.
One who recites the Shema should wash his hands with water1Rabbi Yochanan says: A person who wants to accept upon himself the kingship of Heaven in the most complete fashion should see to his bodily needs, wash his hands, put on tefillin, recite the Shema and pray. Rav Chiyya bar Abba equates this process with the building of the altar and the bringing of sacrifices, based on the verse in Psalms 26:6: "I wash my hands in innocence and I encompass Your altar, O God" (Berachot 14a-15a). before reciting it.2This is the case even if one's hands are not obviously dirty, because hands tend to touch the covered parts of one's body, and thus, require the washing of hands.The Rambam holds that a blessing is recited after one washes one's hands before Kri'at Shema. (See Hilchot Berachot 6:2.) The requirement to wash our hands upon rising in the morning was established by the Sages as a preparation for Kri'at Shema and the Amidah. A blessing was instituted for this act and, therefore, a blessing is recited every time that one washes his hands before Kri'at Shema or the Amidah. (Rabbenu Asher also shares this position. See his notes to the ninth chapter of Berachot.)
The Rashba explains, however, that the blessing על נטילת ידים was instituted as one of the many blessings that one recites upon rising in the morning (ברכות השחר). In response to receiving anew his soul from Heaven, one is obligated to praise and thank God. In that context, the Sages also instituted the requirement that he sanctify himself for his day's worship, just as the priests in the Temple did - i.e., by washing his hands with water from a vessel. There is, however, no intrinsic connection between the washing of hands, and Kri'at Shema and the Amidah. Therefore, the blessing is recited only in the morning upon rising.
The Shulchan Aruch, Orach Chayim 92:5 and 233:2 agrees with the Rashba and does not require a blessing upon washing hands in preparation for Kri'at Shema and the Amidah. (See also Beit Yosef on Tur Orach Chayim 7, Magen Avraham, the Mishnah Berurah on Orach Chayim 4:1, and the Shulchan Aruch HaRav, Orach Chayim 4:1.)
If the time for reciting the Shema arrives3See Chapter 1, Halachah 11. According to the Rambam's position, this refers to ten minutes before sunrise. The differing opinions will interpret it to mean that the third hour of the morning will soon pass. and he cannot find water, he should not delay his recitation in order to search for water.4In contrast, in Hilchot Tefillah 4:2 and 4:3, the Rambam obligates one to travel a substantial distance (up to 4 kilometers) to find water in order to wash his hands before the Amidah. Rabbenu Manoach explains that, in the latter instance, the law is stricter because there is a longer time during which one may recite the Amidah - until the end of the fourth hour. Hence, we need not worry that he will miss the proper time.
The Kessef Mishneh adds that we are stricter regarding the time of Kri'at Shema since it is a Torah obligation. Were a person obligated to travel great distances in search of water, he might miss the proper time of Kri'at Shema simply in order to fulfill the Rabbinic ordinance regarding washing his hands. Rather, he should clean his hands with earth, a stone, or a beam [of wood]5Berachot 15a explains that Psalms 26:6, the verse from which the obligation to wash is derived, does not state "I wash my hands in water," but rather binikayon, in innocence or cleanliness. Thus, anything useful for cleaning the hands may be used, although water is most preferable. or a similar object, and then recite.6Berachot 15a uses the expression “anything that cleans.” Therefore, rough clothing is also useful for this purpose (Kessef Mishneh), as is cleaning one's hands by rubbing them against the wall (Shulchan Aruch, Orach Chayim 92:6).
הלכה ב
אֵין קוֹרִין לֹא בְּבֵית הַמֶּרְחָץ וְלֹא בְּבֵית הַכִּסֵּא אַף עַל פִּי שֶׁאֵין בּוֹ צוֹאָה וְלֹא בְּבֵית הַקְּבָרוֹת וְלֹא בְּצַד הַמֵּת עַצְמוֹ וְאִם הִרְחִיק אַרְבַּע אַמּוֹת מִן הַקֶּבֶר אוֹ מִן הַמֵּת מֻתָּר לִקְרוֹת. וְכָל מִי שֶׁקָּרָא בְּמָקוֹם שֶׁאֵין קוֹרִין בּוֹ חוֹזֵר וְקוֹרֵא:
כסף משנה
2.
One should not recite the Shema in a bathhouse1When describing the proper environment for an army camp, Deuteronomy 23:15 states: "He shall not see any nakedness among you." Implied is that nakedness, and also a place where people undress even if no naked people are there, is not appropriate for "God to walk among you." Hence, neither Shema nor the Amidah can be recited there. See halachot 16-19. or latrine2even if there is no fecal material in it - Berachot 26a and Shabbat 10a explain that even without the presence of fecal matter, a latrine is not a fit place for prayer. - even if there is no fecal material in it - nor in a graveyard or next to a corpse.3Berachot 18a. Proverbs 17:5 states: "The one who mocks the poor (rash) reproaches his Creator." The Talmud also explains that this term also refers to the dead and derives many halachot regarding conduct in the presence of a corpse from this verse. It is forbidden to wear tefillin or carry a Torah scroll in a graveyard, since one would, in a certain sense, be mocking the dead, who are unable to perform mitzvot. This is the case regarding Kri'at Shema also. If he distances himself four cubits from the grave or the corpse, he is permitted to recite it.4Sotah 43b teaches us that a corpse "occupies" a space of four cubits regarding Kri'at Shema. Anyone who recites in an improper place must recite the Shema again.5The Kessef Mishneh explains that the Rambam's position is based on the notion of קנסוהו רבנן i.e., that the Rabbis disallowed the Kri'at Shema even in a case where one was unaware of the impropriety of the place, so that people would exercise greater care in this matter.The Ra'avad differs with one aspect of the Rambam's decision. He maintains that although it is certainly forbidden to read the Shema in the presence of a corpse or in a graveyard, the violation of this prohibition does not override the fact that one did recite the Shema. Therefore, he need not repeat it. The Shulchan Aruch, Orach Chayim 71:7, agrees with the Rambam. (See the Mishnah Berurah also.)
הלכה ג
בֵּית הַכִּסֵּא הֶחָדָשׁ שֶׁהוּכַן וַעֲדַיִן לֹא נִשְׁתַּמֵּשׁ בּוֹ מֻתָּר לִקְרוֹת קְרִיאַת שְׁמַע לְנֶגְדּוֹ אֲבָל לֹא בְּתוֹכוֹ. מֶרְחָץ הֶחָדָשׁ מֻתָּר לִקְרוֹת בְּתוֹכוֹ. הָיוּ שְׁנֵי בָּתִּים זִמֵּן אֶחָד מֵהֶם לְבֵית הַכִּסֵּא וְאָמַר עַל הַשֵּׁנִי וְזֶה. הֲרֵי הַשֵּׁנִי סָפֵק אִם הִזְמִינוֹ לְכָךְ אִם לֹא. לְפִיכָךְ אֵין קוֹרִין בּוֹ לְכַתְּחִלָּה וְאִם קָרָא יָצָא. אָמַר גַּם זֶה הֲרֵי שְׁנֵיהֶם מְזֻמָּנִין וְאֵין קוֹרְאִין בָּהֶן. חֲצַר הַמֶּרְחָץ וְהוּא הַמָּקוֹם שֶׁבְּנֵי אָדָם עוֹמְדִין בּוֹ לְבוּשִׁין מֻתָּר לִקְרוֹת בּוֹ קְרִיאַת שְׁמַע:
כסף משנה
3.
The Shema may be recited facing, but not inside, a latrine that has been newly built, but not used as of yet.1The designation alone of a building for such a purpose attaches a stigma to it such that it is unfit for the Shema to be recited inside it.Shabbat 10a raises the question of praying in such a building and does not resolve the issue. The Ra'avad therefore disagrees with the Rambam and feels that such a doubt should be dealt with leniently - i.e., that we should allow one to pray inside such a building. [In contrast,] the Shema may be recited in a new bathhouse.2Rav Adda bar Ahava states: "One may pray in a bathhouse." The Talmud explains that he was referring to a new bathhouse. Rashi explains that this means that it has been designated as such but no one has ever bathed there (Shabbat 10a).
The Sages felt the stigma attached to a bathhouse was not as severe as that attached to a latrine and hence, were more lenient.
In the case of two buildings, one of which was designated for use as a latrine and, concerning the other, the owner said: "And this..."3a doubt remains regarding the latter: whether it also was appropriated for a similar use or not. - Nedarim 7a mentions this case within the context of the Talmudic concept of yad (“a handle”) of a vow or other significant utterance. This term refers to expressions that are not completely self-explanatory and leave room for doubt. Just as the handle of a cup is not the essential part of the cup, and yet when one grabs the handle the whole cup itself follows, so, too, a statement can be made which in itself is incomplete or unclear, but seems to contain within it an intimation of a complete idea. In our case, it is unclear whether the word וזה refers also to a latrine or to another idea altogether. - a doubt remains regarding the latter: whether it also was appropriated for a similar use or not.
Therefore, one should not deliberately recite the Shema there.4since perhaps the expression וזה does indeed make it appear as if he actually said the word "latrine." However, after the fact, if he recited it there, he has fulfilled his obligation.5Rav explains that this is based on the idea of ספק דרבנן לקולא (that a doubt concerning a rabbinic ordinance is dealt with leniently).
If the owner said: "Also this," both have been designated for this use, and the Shema may not be recited in them.6Nedarim 7a deals explicitly with this case and understands "Also this" as clearly referring to a latrine.
It is permissible to recite the Shema in the courtyard of the bathhouse,7In contrast to the previous cases in this halachah, this applies to the courtyard of a bathhouse which is being used. i.e., the place where people stand clothed.8Shabbat 10a distinguishes between the middle room where some people are clothed and others naked, and the courtyard of the bathhouse, where everyone is clothed. Only there, in the courtyard, is one permitted to recite the Shema.In the middle room one is prohibited from reciting Kriat Shema even if there are no naked people there at the time (Shulchan Aruch HaRav Orach Chayim 84:1).
הלכה ד
וְלֹא קְרִיאַת שְׁמַע בִּלְבַד אֶלָּא כָּל עִנְיָן שֶׁהוּא מִדִּבְרֵי הַקֹּדֶשׁ אָסוּר לְאָמְרוֹ בְּבֵית הַמֶּרְחָץ וּבְבֵית הַכִּסֵּא וַאֲפִלּוּ אֲמָרוֹ בִּלְשׁוֹן חֹל. וְלֹא לְאָמְרוֹ בִּלְבַד אֶלָּא אֲפִלּוּ לְהַרְהֵר בְּלִבּוֹ בְּדִבְרֵי תּוֹרָה בְּבֵית הַכִּסֵּא וּבְבֵית הַמֶּרְחָץ וּבִמְקוֹם הַטִּנֹפֶת וְהוּא הַמָּקוֹם שֶׁיֵּשׁ בּוֹ צוֹאָה וּמֵי רַגְלַיִם אָסוּר:
כסף משנה
4.
Not only Kri'at Shema, but nothing pertaining to matters of sanctity1e.g., Torah study or prayers, may be uttered in a bathhouse or latrine, even in a language other than Hebrew.2Berachot 24b quotes various verses which equate such utterances with very serious transgressions.Not only speech, but even thoughts pertaining to the words of Torah are forbidden in a bathhouse, latrine or other unclean places3Psalms 12:7 states: "The words of God are pure words." Therefore, it is improper for them to be uttered or contemplated in a place of filth (Sefer Chassidim 546). - i.e., a place where feces or urine is found.4Zevachim 102b relates that Rabbi Elazar ben Rabbi Shimon thought of a halachah while at the latrine. The Talmud then asks how he could have done such a thing, since such thought is forbidden. They explain that a state that is unavoidable (anus is different.
Rashi explains that Rabbi Elazar was so immersed in his Torah study that he thought about it even against his will. Rabbenu Manoach quotes the Ra'avad as saying that in such a case, thoughts of Torah are permitted when at the latrine. Sefer Chassidim (loc. cit..) advises that people should force themselves to think of mundane matters in order to avoid thoughts of Torah in unclean places. (See Magen Avraham, Orach Chayim 85.)
הלכה ה
דְּבָרִים שֶׁל חֹל מֻתָּר לְאָמְרָן בִּלְשׁוֹן קֹדֶשׁ בְּבֵית הַכִּסֵּא. וְכֵן הַכִּנּוּיִים כְּגוֹן רַחוּם וְחַנּוּן וְנֶאֱמָן וְכַיּוֹצֵא בָּהֶן מֻתָּר לְאָמְרָן בְּבֵית הַכִּסֵּא. אֲבָל הַשֵּׁמוֹת הַמְיֻחָדִים וְהֵן הַשֵּׁמוֹת שֶׁאֵינָן נִמְחָקִין אָסוּר לְהַזְכִּירָן בְּבֵית הַכִּסֵּא וּבְבֵית הַמֶּרְחָץ יָשָׁן. וְאִם נִזְדַּמֵּן לוֹ לְהַפְרִישׁ מִן דָּבָר הָאָסוּר בְּבֵית הַמֶּרְחָץ אוֹ בְּבֵית הַכִּסֵּא מַפְרִישׁ וַאֲפִלּוּ בִּלְשׁוֹן קֹדֶשׁ וּבְעִנְיְנֵי קֹדֶשׁ:
כסף משנה
5.
Secular matters may be discussed in a latrine, even in Hebrew.1The Magen Avraham (Orach Chayim 85) quotes Sefer Chassidim (994) which states that one should accustom oneself to act piously and not speak Hebrew at the latrine. The Ramah (Orach Chayim 3:2) mentions that it is preferable not to speak at all at the latrine. Similarly, the terms used to express Divine attributes,2The terms used to praise God, but which are not His specific names and may therefore be erased (Hilchot Yesodei HaTorah 6:5). such as merciful,3רחום in Hebrew. The Ra'avad disagrees with the Rambam and states that since this attribute is used as a name only in relation to God, it may not be uttered in the latrine. Rabbenu Yonah quotes Psalms 112:4 as a source that uses the term רחום in relation to a righteous person, thereby refuting the Ra'avad. The Shulchan Aruch, Orach Chayim 85:2 accepts the Rambam's position. gracious, faithful and the like, may be uttered in a latrine.4when they are not used to refer to Him, but are mentioned in the course of one's speech.However, the specific names of the Almighty - i.e., those which may not be erased5In Hilchot Yesodei HaTorah (ibid..) the Rambam gives a larger list than appears here and includes descriptive terms used to refer to God, e.g., the Great One, the Mighty One, and other names.
The Kessef Mishneh expresses surprise at the exclusion of the term שלום. Shabbat 10b explicitly mentions it as forbidden to be uttered in the bathhouse - all the more so at the latrine - since it is specifically used as a name of God (Judges 6:24 . The Magen Avraham (Orach Chayim 95) also forbids the utterance of שלום in such places. - may not be mentioned in a latrine or bathhouse that has been used.6This refers only to the bathhouse for these statements may not be recited in a latrine even though it has not been used. If a situation arises where it is necessary to restrain someone from wrongdoing, this should be done, even in Hebrew and even concerning matters of sanctity.7Shabbat 40b quotes an instance in which Rabbi Meir explicitly mentioned a halachah in the bathhouse in order to stop a pupil from transgressing. Accordingly, it distinguishes between distancing someone from wrongdoing, which is permitted, and uttering other words of Torah, which is forbidden (as mentioned).
הלכה ו
צוֹאַת הָאָדָם וְצוֹאַת כְּלָבִים וַחֲזִירִין בִּזְמַן שֶׁיֵּשׁ בְּתוֹכָן עוֹרוֹת וְכָל צוֹאָה שֶׁרֵיחָהּ רַע כְּגוֹן אֵלּוּ אָסוּר לִקְרוֹת קְרִיאַת שְׁמַע כְּנֶגְדָּן. וְכֵן כְּנֶגֶד מֵי רַגְלַיִם שֶׁל אָדָם. אֲבָל מֵי רַגְלַיִם שֶׁל בְּהֵמָה קוֹרִין כְּנֶגְדָּן. קָטָן שֶׁאֵינוֹ יָכוֹל לֶאֱכל כְּזַיִת דָּגָן בִּכְדֵי שֶׁיֹּאכַל הַגָּדוֹל כִּשְׁלֹשָׁה בֵּיצֵי דָּגָן אֵין מַרְחִיקִין לֹא מִצּוֹאָתוֹ וְלֹא מִמֵּי רַגְלָיו:
כסף משנה
6.
The Shema may not be recited in the presence of human feces, or in the presence of dog or pig excrement while skins are soaking in it,1Skins were frequently soaked in feces in the process of making them into leather.Berachot 25a quotes two beraitot. One prohibits the Shema to be read near the excrement of dogs and pigs, and the other prohibits Kri'at Shema in the presence of these excrements only when skins are soaking in them. Ravvah prefers the second source, and the Rambam decides halachah in accordance with Ravvah's position.
Rashi explains that the idea of soaking skins applies only to the excrement of dogs and pigs, since it is a common practice to soak skins in them, but not to human feces, which is not used for such a purpose. or in the presence of any other feces like these that have a foul odor.2This includes chicken or donkey dung (Kessef Mishneh based on the Jerusalem Talmud, Berachot 3:5). This is also the case regarding human urine, but not animal urine.3I.e., the Shema may be recited next to it. The Ra'avad disagrees with the Rambam and quotes the Jerusalem Talmud, which includes donkey urine as one of those items that prohibit Kri'at Shema. The Kessef Mishneh explains that the Talmud on which the Rambam based his decision most probably mentioned donkey dung (as mentioned in the previous comment) and not donkey urine. The Shulchan Aruch, Orach Chayim 79:6 reflects the position of the Ra'avad.
Rabbenu Asher points out that the Rambam mentions animal urine alone as not being problematic, thereby indicating that animal dung (e.g., cow or horse excrement) would be problematic. Rabbenu Asher himself sees no room to prohibit animal dung, since it is never mentioned in the Talmud as problematic. The Kessef Mishneh holds that the Rambam's position is that animal dung is prohibited only if its smell causes discomfort, and that the extent of this discomfort is somewhat subjective. Therefore, the Rambam did not mention it explicitly.
The Shulchan Aruch, Orach Chayim 79:4 rules in accordance with this understanding of the Rambam. (This is not surprising, since the Kessef Mishneh and the Shulchan Aruch were both written by Rav Yosef Karo.)
One need not distance oneself from the feces or urine of a child unable to eat the weight of an olive4The weight of a זית (an olive's size) cannot be determined by weighing an average olive today. Rather, it is dependent on the measure established by the Sages, and this is the subject of debate by the Rabbinic authorities. The Pri Chadash (Orach Chayim 486) explains that the Rambam considers an olive as one third the size of an egg (כביצה, a more familiar Talmudic measure). In terms of modern measurements, this olive size would be between 16.6 and 24 grams, according to various Halachic opinions.
Tosefot (Chullin 103a) differs, and defines a 18תיזכ (the size of an olive) as one half the size of an egg (between 25.6 and 36 grams according to the various opinions). of grain cereal,5There are five types of grain cereal - wheat, barley, oats, spelt and rye (See Hilchot Chametz U'Matzah 5:1). in the time in which an adult could eat an amount equivalent to the weight of three eggs.6This measure (אכילת פרס in Hebrew) is significant in halachah. Just as the Torah requires a specific quantity, the size of an olive, as regards many of the mitzvot and prohibitions concerning eating, it also specifies a limited period in which this amount of food must be consumed: 18ידכ סרפáתליכא - the time it takes to eat this measure.
This measure is also a point of Rabbinic controversy. Here and in Hilchot Ma'achalot Asurot 14:8, the Rambam defines 18תליכא סרפ as three eggs. Rashi (Pesachim 44a) takes a more lenient view, defining it as four eggs.
This halachah is based on the principle that it is unnecessary to distance oneself from a child's feces or urine which does not have a foul odor. Thus while a child's sole source of nourishment is nursing, there is no prohibition. However, grains emit a foul odor after being digested (Rashi on Succah 42b). Therefore, once the child begins eating them, the Shema may not be recited in the soiled child's presence.
הלכה ז
הָיְתָה צוֹאָה יְבֵשָׁה כְּחֶרֶשׂ אָסוּר לִקְרוֹת כְּנֶגְדָּהּ. וְאִם הָיְתָה יְבֵשָׁה יוֹתֵר מֵחֶרֶשׂ עַד שֶׁאִם זְרָקָהּ תִּתְפָּרֵךְ הֲרֵי הִיא כְּעָפָר וּמֻתָּר לִקְרוֹת כְּנֶגְדָּהּ. מֵי רַגְלַיִם שֶׁנִּבְלְעוּ בַּקַּרְקַע אִם הָיוּ מַרְטִיבִין הַיָּד אָסוּר לִקְרוֹת כְּנֶגְדָּן וְאִם לָאו מֻתָּר:
כסף משנה
7.
One may not recite the Shema next to feces, even if they are as dry as a shard. However, if they were so dry that, if thrown away,1Berachot 25a defines this as feces which when either: a) rolled, or b) thrown, they will not crumble. At such a time, they are regarded like a shard. The Rambam chooses the stricter of these two opinions - i.e., that if thrown it still retains its shape and is, therefore, forbidden (Kessef Mishneh). they would crumble,2Rabbenu Manoach states that it must really crumble and not just break into two pieces. one may recite the Shema facing them.3However, if they still emit a foul odor, the Shema may not be recited next to them, as mentioned in Halachah 12 in regard to a foul smell emanating from a substance (Kessef Mishneh).If urine that has been soaked up into the ground is still sufficiently wet to moisten one's hand, the Shema should not be recited facing it.4Berachot 25a-b records the disagreement between Rabbi Yosse and the Sages regarding the degree of moistness necessary to be problematic. The Sages require that the hand be moist enough so that it itself would dampen something it came into contact with, while Rabbi Yosse requires moisture only on the hand itself. The Rambam decides the halachah in accordance with the position of Rabbi Yosse. If it has dried sufficiently, the Shema may be recited.5even if a mark is still visible on the ground (Berachot 25a).
הלכה ח
כַּמָּה יַרְחִיק אָדָם מִצּוֹאָה וּמִמֵּי רַגְלַיִם וְאַחַר כָּךְ יִקְרָא, אַרְבַּע אַמּוֹת. בַּמֶּה דְּבָרִים אֲמוּרִים בִּזְמַן שֶׁהֵם מִלַּאֲחוֹרָיו אוֹ מִצִּדָּיו אֲבָל אִם הָיוּ כְּנֶגֶד פָּנָיו מַרְחִיק מֵהֶן עַד שֶׁלֹּא יִרְאֶה אוֹתָן וְאַחַר כָּךְ יִקְרָא:
כסף משנה
8.
How far must a person distance himself from feces or urine in order to recite the Shema? Four cubits.1This halachah is based on the Mishnah (Berachot 22b). In modern measure, a cubit is 48 centimeters according to Shiurei Torah and 57.7 centimeters according to the Chazon Ish. This applies when they are at his side or behind him, but if they are in front of him, he should move2Berachot 26a modifies the Mishnah quoted on 22b.Ravvah says: "We learned (in our Mishnah) only regarding 'behind him,' but 'in front of him' - he should distance himself until he cannot see it."
The Rambam equates "its being at the side" with "behind him." The Kessef Mishneh suggests that this only applies when it is impossible to move in front of the feces. However, if he is able to walk in front of them, he must. Nevertheless, the Shulchan Aruch, Orach Chayim 79:1 states simply that "to its being at the side" is equated with "behind him."
The Magen Avraham quotes the statement of the Kessef Mishneh and mentions that if the feces were at his side and slightly in front of him, they would be considered as if they were in front. Therefore, one would be required to move until they were out of sight. until he cannot see them, and then recite [the Shema].3Even at night, he must distance himself that amount that he would move away from them in the daytime (Shulchan Aruch, Orach Chayim 79:1). This is also the case with a blind person.
הלכה ט
בַּמֶּה דְּבָרִים אֲמוּרִים כְּשֶׁהָיָה עִמָּהֶן בַּבַּיִת בְּמָקוֹם שָׁוֶה אֲבָל אִם הָיָה שָׁם מָקוֹם גָּבוֹהַּ מֵהֶן עֲשָׂרָה טְפָחִים אוֹ נָמוּךְ מֵהֶם עֲשָׂרָה טְפָחִים יוֹשֵׁב בְּצַד הַמָּקוֹם וְקוֹרֵא שֶׁהֲרֵי נִפְסָק בֵּינֵיהֶם. וְהוּא שֶׁלֹּא יַגִּיעַ לוֹ רֵיחַ רַע. וְכֵן אִם כָּפָה כְּלִי עַל הַצּוֹאָה אוֹ עַל מֵימֵי רַגְלַיִם אַף עַל פִּי שֶׁהֵן עִמּוֹ בַּבַּיִת הֲרֵי אֵלּוּ כִּקְבוּרִין וּמֻתָּר לִקְרוֹת כְּנֶגְדָּן:
כסף משנה
9.
When does the above apply?1i.e., that one must distance oneself four cubits from urine and feces. When he is in an enclosure with them, and they are on the same level. However, if they are 10 handbreadths2i.e., approximately 80 centimeters according to Shiurei Torah or 96 centimeters according to the Chazon Ish. higher or lower than he,3he is considered to be in a different place, (Berachot 25b) and... he may sit next to them and recite the Shema, since there is a space separating them.4Rabbenu Asher suggests that this leniency applies even if he can see the excrement. The Rashba, however, disagrees and states that if he can see it, he is forbidden to recite the Shema. The Shulchan Aruch, Orach Chayim 79:2 quotes both positions. The Magen Avraham suggests that closing one's eyes would be enough to allow one to recite the Shema.The above applies provided no foul smell reaches him.5This is not mentioned in the beraita in Berachot 25a. However, immediately after the halachah regarding separations, the beraita then states that a foul smell emanating from a solid substance prohibits recitation of the Shema. Hence, the Rambam associates the two halachot.
The Kessef Mishneh mentions that, based on the Rambam's position, one should be careful not to recite the Shema or pray in a house with a foul odor, even if the odor is emanating from a different house. The Shulchan Aruch, Orach Chayim 79:2 quotes this, but also mentions the positions of Rabbenu Yonah and Rabbenu Asher, that a separation is sufficient even if an odor remains.
The Magen Avraham suggests that it is best to be strict in such a case. However, he grants one leniency. Generally, one must distance oneself from an odor even if he himself cannot smell it. However, in this instance, a lack of smell would be enough to permit the reading of the Shema. Similarly, if he were to cover the feces or urine with a vessel, it would be considered as buried, even though it would still be in the room, and it is permitted to recite [the Shema] next to it.6See Berachot 25b.
הלכה י
הָיָה בֵּינוֹ וּבֵין הַצּוֹאָה מְחִצָּה שֶׁל זְכוּכִית אַף עַל פִּי שֶׁהוּא רוֹאֶה אוֹתָהּ מֵאַחֲרֵי הַזְּכוּכִית מֻתָּר לִקְרוֹת בְּצִדָּהּ. נָתַן רְבִיעִית מַיִם לְתוֹךְ מֵי רַגְלַיִם שֶׁל פַּעַם אַחַת מֻתָּר לִקְרוֹת עִמָּהֶן בְּתוֹךְ אַרְבַּע אַמּוֹת:
כסף משנה
10.
A person who is separated from feces by a glass partition, may recite the Shema next to them even if he can still see them.1Berachot 25b equates this with a case where the feces are covered. If a quarter log of water2a רביעית whose modern equivalent is 86.4 cc according to Shiurei Torah and 150 cc according to Chazon Ish. is added to the urine of one micturition, the Shema may be recited within four cubits of it.3I.e., regardless of the size of the micturition, one רביעית is sufficient (Kessef Mishneh).Rabbenu Asher explains that the Rambam mentions explicitly one micturition in order to tell us that a רביעית must be added for each micturition - i.e., two revi'iot for two, three revi'iot for three, etc.
The Kessef Mishneh explains that there is no difference if the water is there before the micturition or is added afterwards.
הלכה יא
הָיְתָה צוֹאָה בְּגוּמָא עוֹמֵד בְּסַנְדָּלוֹ עַל הַגּוּמָא וְקוֹרֵא. וְהוּא שֶׁלֹּא יִהְיֶה סַנְדָּלוֹ נוֹגֵעַ בָּהּ. הָיְתָה כְּנֶגְדּוֹ צוֹאָה מְעוּטָה בְּיוֹתֵר כְּמוֹ טִפָּה רוֹקֵק עָלֶיהָ רֹק עָבֶה עַד שֶׁתִּתְכַּסֶּה וְקוֹרֵא. הָיְתָה נְטִישַׁת צוֹאָה עַל בְּשָׂרוֹ אוֹ יָדָיו מְטֻנָּפוֹת מִבֵּית הַכִּסֵּא וְלֹא הָיָה לָהֶן רֵיחַ רַע כְּלָל מִפְּנֵי קָטְנָן אוֹ יַבְשׁוּתָן מֻתָּר לִקְרוֹת לְפִי שֶׁאֵין לָהֶן רֵיחַ רַע. אֲבָל אִם הָיְתָה בִּמְקוֹמָהּ אַף עַל פִּי שֶׁאֵינָהּ נִרְאֵית כְּשֶׁהוּא עוֹמֵד הוֹאִיל וְנִרְאֵית כְּשֶׁהוּא יוֹשֵׁב אָסוּר לִקְרוֹת עַד שֶׁיְּקַנֵּחַ יָפֶה יָפֶה מִפְּנֵי שֶׁהַצּוֹאָה לָחָה הִיא וְיֵשׁ לָהּ רֵיחַ רַע. וְכַמָּה גְּאוֹנִים הוֹרוּ שֶׁאָסוּר לוֹ לִקְרוֹת אִם הָיוּ יָדָיו מְטֻנָּפוֹת וְכָךְ רָאוּי לַעֲשׂוֹת:
כסף משנה
11.
If feces are found in a hole in the ground,1See Berachot 25b. a person may stand with his shoe over the hole and recite the Shema.2This is considered as a sufficient covering. We do not consider his sandal to be part of his body, in which case, the feces would not be considered covered.The Shulchan Aruch, Orach Chayim 76:2 adds that there must be no foul smell from the צואה. However, his shoe may not touch the feces.3After stating the halachah that one may put one's shoe on top of the hole in the ground, Berachot 25b questions the law when excreta is stuck to a person's shoe, and leaves the question unresolved (תיקו). Accordingly, the more stringent opinion is followed.
The Rambam explains that this applies if there is any contact between the shoe and the feces. However, the Ra'avad maintains that this only applies when the feces are actually stuck to the shoe. The Shulchan Aruch, Orach Chayim (ibid..) 76:2 supports the Rambam's position.
If one finds very small feces, the size of a drop, he may expectorate thick saliva upon it to cover it, and then recite the Shema.4See Berachot 25b.
When there is a residue of feces on one's skin or one's hands are dirty from the washroom, if5because of the small quantity or its dryness - there is no foul odor - Berachot 25a states simply “if there are feces on one's skin.” The Rambam explains this as referring to a residue of feces - i.e., a stain, with no actual substance.
Rabbenu Asher explains that this applies when there is actual substance on the person's skin, but it is covered by his clothing. The Shulchan Aruch, Orach Chayim 76:4 reflects the understanding of Rabbenu Asher. However, the Magen Avraham favors the Rambam's position. - because of the small quantity or its dryness - there is no foul odor, he may recite the Shema, since there is no foul odor.6This decision is disputed in Berachot, ibid.. Though most Halachic authorities accept the decision quoted by the Rambam, Rabbenu Chananel differs. The Shulchan Aruch HaRav 76:4 advises that one follow the opinion of Rabbenu Chananel.
However, if it is still in its place,7i.e., his anal opening even if not visible when he stands, since it is visible when he sits, he is forbidden to recite the Shema until he cleans himself very well. This is because of the moist nature and foul smell of the feces.8See Yoma 30a.
Many Geonim taught that one is forbidden to recite the Shema if one's hands are soiled,9The position of Rabbenu Chananel mentioned above. and it is proper to heed their teaching.10Even though in strict halachic terms one need not heed their teaching, it is fitting to do so, since it is improper to recite the Shema with dirty hands (Kessef Mishneh).
הלכה יב
רֵיחַ רַע שֶׁיֵּשׁ לוֹ עִקָּר מַרְחִיק ד׳ אַמּוֹת וְקוֹרֵא אִם פָּסַק הָרֵיחַ. וְאִם לֹא פָּסַק הָרֵיחַ מַרְחִיק עַד מָקוֹם שֶׁפָּסַק הָרֵיחַ. וְשֶׁאֵין לוֹ עִקָּר כְּגוֹן מִי שֶׁיָּצָא מִמֶּנּוּ רוּחַ מִלְּמַטָּה מַרְחִיק עַד מָקוֹם שֶׁתִּכְלֶה הָרֵיחַ וְקוֹרֵא. גְּרָף שֶׁל רְעִי וַעֲבִיט שֶׁל מֵימֵי רַגְלַיִם אָסוּר לִקְרוֹת קְרִיאַת שְׁמַע כְּנֶגְדָּן וְאַף עַל פִּי שֶׁאֵין בָּהֶן כְּלוּם וְאֵין לָהֶם רֵיחַ רַע מִפְּנֵי שֶׁהֵם כְּבֵית הַכִּסֵּא:
כסף משנה
12.
[When the source of] a foul odor has substance,1e.g., feces are found on the ground and a foul odor is emanating from them (Rashi, Berachot 25a). one may distance himself four cubits and recite the Shema2Berachot 25a records a disagreement between Rav Huna and Rav Chisda. Rav Huna states that one must distance himself four cubits from such a substance. Rav Chisda requires that one must distance himself four cubits from the point where there is no foul smell.The Rambam holds that the halachah follows Rav Huna. In the previous halachah, the Rambam also supported Rav Huna's position, since Rav Chisda was a student of Rav Huna and thus, of lesser stature. In contrast, the Ra'avad accepts Rav Chisda's position. The Shulchan Aruch, Orach Chayim 79:1 quotes the Ra'avad's view. provided the odor has subsided.3Rabbenu Manoach points out that this halachah applies only in the case where the substance is to his side or behind him. However, if the substance is in front of him, we have already learned in Halachah 8 that he must distance himself until he can no longer see it. If it has not subsided, he should distance himself further until it ceases.4Rashi differs and explains that Rav Huna allows the Shema to be recited four cubits from the substance even if the odor has not subsided.
If [the odor] is not emanating from an actual substance5e.g., it is the result of someone passing gas - he - does not necessarily have to distance himself four cubits. Rather, he...
should distance himself until the odor ceases and [then] recite. - The Ra'avad also disagrees concerning this point and requires that one distance himself four cubits from the point at which the odor ceases. The Shulchan Aruch (ibid..) accepts the Ra'avad's position. - e.g., it is the result of someone passing gas - he should distance himself until the odor ceases and [then] recite.
It is forbidden to recite the Shema in front of a cesspool or chamber pot,6in Hebrew גרף ועביט, both of which are clay vessels. גרף is used for excreta and עביט for urine (Rashi on Berachot 25b). even if it is empty and has no foul smell, as it is similar to a latrine.7Rashi (Berachot 25b) explains that since these two items are specifically designated for use with feces and urine, the Shemaámay not be recited next to them.
Among the present applications of this halachah is the need to distance oneself from a child's potty when reciting the Shema and other prayers even if it does not contain feces or urine.
הלכה יג
צוֹאָה עוֹבֶרֶת כְּגוֹן שֶׁהָיְתָה שָׁטָה עַל פְּנֵי הַמַּיִם אָסוּר לִקְרוֹת כְּנֶגְדָּהּ. וּפִי חֲזִיר כְּצוֹאָה עוֹבֶרֶת דָּמִי וְאָסוּר לִקְרוֹת כְּנֶגְדּוֹ עַד שֶׁיַּעַבְרוּ מִמֶּנּוּ אַרְבַּע אַמּוֹת:
כסף משנה
13.
It is forbidden to recite the Shema while facing moving excreta1Berachot 25a mentions a difference of opinion between Ravvah and Abbaye about this case. Abbaye holds that one is permitted to recite the Shema next to moving excreta, while Ravvah forbids it.[The Babylonian Talmud is so full of disagreements between these two Torah scholars that it is called the book of the arguments between Ravvah and Abbaye. Among all these arguments, the halachah reflects Abbaye's position only six times. Here, also, the halachah is in line with Ravvah's opinion.] - e.g., excreta floating on the water. The mouth of a pig is regarded as moving excreta.2Berachot 25a explains that even if the pig has just emerged from the water, it is forbidden to recite Kri'at Shema facing it. A pig is always rummaging around in garbage and excrement and, therefore, is judged as moving excreta at all times. The Shulchan Aruch, Orach Chayim 76:3 explains that a pig has the halachic status of a cesspool. Therefore, the Shema may not be recited facing it, until it has moved four cubits away.3Some Rishonim distinguish between moving feces and a stationary substance since in the former case, the feces will continue to proceed further. This would appear to be the Rambam's opinion as obvious from the contrast between a stationary substance emitting a foul odor where we are required to distance ourselves until it is out of sight (Halachah 8) and this Halachah.
The Kessef Mishneh explains that there is no Talmudic source for this distinction. Therefore, he explains that there is no difference between stationary and moving feces and that this halachah only applies to feces which are behind one. If the feces are in front of one, the Shema cannot be recited until they move out of sight.
In the Shulchan Aruch, Orach Chayim 76:2, Rav Yosef Karo follows his explanation in the Kessef Mishneh. However, the Bach and the Magen Avraham (76:2) make the distinction between moving and stationary feces.
הלכה יד
הָיָה קוֹרֵא וְהִגִּיעַ לִמְקוֹם הַטִּנֹּפֶת לֹא יַנִּיחַ יָדוֹ עַל פִּיו וְיִקְרָא אֶלָּא יַפְסִיק עַד שֶׁיַּעֲבֹר מֵאוֹתוֹ מָקוֹם. וְכֵן הַקּוֹרֵא שֶׁיָּצְתָה מִמֶּנּוּ רוּחַ מִלְּמַטָּה יַפְסִיק עַד שֶׁתִּכְלֶה בַּאֲשָׁהּ וְחוֹזֵר לִקְרִיאָתוֹ. וְכֵן בְּדִבְרֵי תּוֹרָה. יָצְתָה רוּחַ מֵחֲבֵרוֹ אַף עַל פִּי שֶׁמַּפְסִיק לִקְרִיאַת שְׁמַע אֵינוֹ פּוֹסֵק לְדִבְרֵי תּוֹרָה:
כסף משנה
14.
A person who reaches an unclean place1I.e., a place where there is a foul odor emanating from excreta or urine. while he is walking and reciting the Shema, should not place his hand over his mouth and [continue] his recitation. Rather, he should stop reciting until he has passed this particular place.2Berachot 24b relates: Rav Huna said in the name of Rabbi Yochanan: When one is walking in an unclean place, he may place his hand over his mouth and recite the Shema.Rav Chisda said to him: My God - if Rabbi Yochanan himself said this to me I would not listen!"
The Hagahot Maimoniot and the Kessef Mishneh both explain that in this case, the Rambam supports the position of Rav Chisda over that of Rav Huna (as opposed to Halachot 12 and 13), because many other sages of the Gemara also accept the opinion of Rav Chisda.
Similarly, if one is reciting [the Shema] and passes gas, he should stop until the odor subsides3for this is an odor that does not emanate from a solid substance as first mentioned in Halachah 12. The Hebrew word באשה is based on Joel 2:20. and resume his recitation afterwards. The same applies to one studying Torah.4Berachot 25a equates the two.
When another person passes gas, even though one should stop reciting the Shema, he need not interrupt his Torah study.5Rashi (Berachot 25a) explains the distinction between Kri'at Shema and Torah study as follows: One may leave the room and continue reciting the Shema. Therefore, one is obligated to stop if he remains. In contrast, a person studying Torah needs his books and therefore, cannot continue studying if he leaves the room. Accordingly, he need not interrupt his studies.
This also explains the distinction between his own gas and that of a colleague. In the case of his gas, a person may leave for a moment and then return, but as the Shulchan Aruch, Orach Chayim 79:9 explains, we will not obligate a whole study hall to stop studying because of the gas of a few. The Shulchan Aruch HaRav (Orach Chayim 79:11) adds that this is considered as a factor beyond one's control, and, therefore, does not require the interruption of study.
The Magen Avraham (79:15) mentions that perhaps, if a person was studying alone and could leave the room in order to avoid the foul odor, he should do so. The Shulchan Aruch HaRav, however, makes no such distinction and also allows one to continue studying.
הלכה טו
הָיָה קוֹרֵא קְרִיאַת שְׁמַע בְּבַיִת וְנִסְתַּפֵּק לוֹ אִם יֵשׁ שָׁם צוֹאָה אוֹ מֵימֵי רַגְלַיִם אוֹ אֵין שָׁם הֲרֵי זֶה מֻתָּר לִקְרוֹת. הָיָה קוֹרֵא בָּאַשְׁפָּה וְנִסְתַּפֵּק לוֹ אִם יֵשׁ שָׁם צוֹאָה אוֹ אֵין שָׁם לֹא יִקְרָא עַד שֶׁיִּבְדֹּק שֶׁחֶזְקַת הָאַשְׁפָּה שֶׁהִיא מְקוֹם הַטִּנֹּפֶת. אֲבָל סְפֵק מֵי רַגְלַיִם אֲפִלּוּ בָּאַשְׁפָּה מֻתָּר לִקְרוֹת:
כסף משנה
15.
A person is permitted to continue reciting the Shema if a doubt arises whether feces or urine is found in the house in which he is located.1Rashi (Berachot 25a) explains that it is not a normal practice to leave such materials in a house. Therefore, we may assume that the house is clean.In contrast, a person reading the Shema in a garbage heap is not permitted to continue reading if a doubt arises regarding the presence of feces until he checks [that it is clean] because a garbage heap may be presumed to contain feces.2This applies to a garbage heap that has no foul smell of its own, but a doubt arises regarding the presence, or lack of, of feces (Rabbenu Manoach). If the doubt exists only regarding urine, however, the Shema may be recited even in a garbage heap.3The Torah forbids reciting holy matters only in the presence of urine while it is actually being expelled from the person. The Rabbis added an injunction prohibiting the recitation of the Shema in the presence of urine even after its expulsion. However, a doubt regarding such urine would produce a lenient halachic ruling, based on the principle ספק דרבנן לקולא - a doubt in a Rabbinic law produces a lenient response.
הלכה טז
כְּשֵׁם שֶׁאָסוּר לִקְרוֹת כְּנֶגֶד צוֹאָה וּמֵי רַגְלַיִם עַד שֶׁיַּרְחִיק כָּךְ אָסוּר לִקְרוֹת כְּנֶגֶד הָעֶרְוָה עַד שֶׁיַּחֲזִיר פָּנָיו. אֲפִלּוּ כּוּתִי אוֹ קָטָן לֹא יִקְרָא כְּנֶגֶד עֶרְוָתָן אֲפִלּוּ מְחִצָּה שֶׁל זְכוּכִית מַפְסֶקֶת הוֹאִיל וְהוּא רוֹאֶה אוֹתָהּ אָסוּר לִקְרוֹת עַד שֶׁיַּחֲזִיר פָּנָיו. וְכָל גּוּף הָאִשָּׁה עֶרְוָה לְפִיכָךְ לֹא יִסְתַּכֵּל בְּגוּף הָאִשָּׁה כְּשֶׁהוּא קוֹרֵא וַאֲפִלּוּ אִשְׁתּוֹ. וְאִם הָיָה מְגֻלֶּה טֶפַח מִגּוּפָהּ לֹא יִקְרָא כְּנֶגְדָּהּ:
כסף משנה
16.
Just as it is forbidden to recite the Shema where there are feces or urine until one distances himself from it, so, too, the Shema may not be recited in the presence of nakedness,1The previous halachot in this chapter have dealt with the prohibition of reciting the Shema in the presence of unclean substances and foul odors. As mentioned, this is a Torah prohibition based on the verse (Deuteronomy 23:15 : "And your camp must be holy."The succeeding words in that verse - ולא יראה בך ערות דבר - "Let Him not see any nakedness among you" serve as the basis for halachot that follow in this chapter. These halachot deal with the impropriety of reciting the Shema in the presence of human nakedness. unless one turns his face away.2Since the prohibition is based on the idea of לא יראה בך (It shall not be seen to you), sight, and not physical distance, is of primary importance.
This applies also to a non-Jew3See Berachot 25b. The Torah Temimah explains that this prohibition even applies regarding the nakedness of primitive peoples who carry on their daily affairs unclothed. or a child.4The Ramah mentions that until the age of 3 for a girl and 9 for a boy, the Shema may be recited in their presence if they are naked. However, other opinions are not that lenient and forbid recitation of holy words even in the presence of the nakedness of small children. See Kitzur Shulchan Aruch 5:15. Even if a glass partition separates him from them5since he sees them - he must turn his face away in order to recite the Shema. - Berachot 25b distinguishes between feces behind a glass partition, which is permitted (see Halachah 10) and nakedness, which is forbidden. Regarding feces, the Torah demands (Deuteronomy 23:14 : “And you shall cover your excrement,” and a glass partition fulfills this function. However, the prohibition regarding nakedness is one of sight: לא יראה בך (It shall not be seen among you), and one sees through glass perfectly. - since he sees them - he must turn his face away in order to recite the Shema.
Any part of a woman's body6that is usually covered is regarded as ervah. Therefore, one should not gaze at a woman, even his wife,7with whom he is familiar, how much more so other women while reciting the Shema. If even a handbreadth of her body is uncovered, he should not recite the Shema facing her.8Berachot 24a relates:
Rav Yitzchak says: A tefach (handbreadth) of a woman is ervah (nakedness).With regard to what? With regard to gazing at it. Behold, Rav Sheshet says that anyone who stares even at the little finger of a woman is like one staring at her most private parts. Rather, it refers to his wife and to Kri'at Shema.
Rashi interprets this to mean that a man may not recite the Shema next to his wife if a handbreadth of her body is uncovered. Rabbenu Asher explains that this refers to any part of his wife's body that is usually covered and clothed.
Berachot also mentions a woman's hair and her voice as ervah.
The Lechem Mishneh interprets this passage to mean that since these restrictions were established with respect to one's wife, any part of the body of a woman other than his wife would be problematic. Thus, the Shema should not be recited in her presence.
The Shulchan Aruch, Orach Chayim 75:1 does not distinguish between a man's wife and another woman and forbids the recitation of the Shema if a handbreadth of their bodies which is usually covered is uncovered. However, the Ramah mentions the position that even less than a handbreadth of the body of a woman other than one's wife is considered as "nakedness."
הלכה יז
וּכְשֵׁם שֶׁהוּא אָסוּר כְּנֶגֶד עֶרְוַת אֲחֵרִים כָּךְ הוּא אָסוּר לִקְרוֹת כְּנֶגֶד עֶרְוָתוֹ וְלֹא יִקְרָא כְּשֶׁהוּא עָרֹם עַד שֶׁיְּכַסֶּה עֶרְוָתוֹ. הָיְתָה חֲגוֹרָה שֶׁל בֶּגֶד אוֹ עוֹר אוֹ שַׂק עַל מָתְנָיו אַף עַל פִּי שֶׁשְּׁאָר גּוּפוֹ עָרֹם מֻתָּר לוֹ לִקְרוֹת קְרִיאַת שְׁמַע וְהוּא שֶׁלֹּא יִהְיֶה עֲקֵבוֹ נוֹגֵעַ בְּעֶרְוָתוֹ. הָיָה יָשֵׁן בְּטַלִּיתוֹ וְהָיָה עָרֹם חוֹצֵץ בְּטַלִּיתוֹ מִתַּחַת לִבּוֹ וְקוֹרֵא. אֲבָל לֹא יָחֹץ צַוָּארוֹ וְיִקְרָא מִפְּנֵי שֶׁלִּבּוֹ רוֹאֶה אֶת הָעֶרְוָה וְנִמְצָא כְּמִי שֶׁקּוֹרֵא בְּלֹא חֲגוֹרָה:
כסף משנה
17.
Just as one may not recite the Shema in the presence of another's nakedness, so, too, is he forbidden to do so when he himself is naked.1This is based on the concept that one's heart should not see his nakedness. This same principle is expressed in Chapter 2, Halachah 7. Therefore, one may not recite the Shema when he is naked until he covers his nakedness.2For a man, this means covering his genitalia.If his loins are covered with cloth, leather or sack, even though the rest of his body is exposed,3Though some of these portions of the body are normally covered, they are not considered as "nakedness." Hence... he may recite the Shema, as long as his heel does not touch his genitalia.4I.e., when he is sitting with his feet tucked under himself.
Berachot 25b reports a disagreement as to whether a heel may "see" or touch ערוה, and rules that though the heel may see ערוה, it cannot touch it. The rationale for this distinction is that the Torah was not given to angels. Rashi explains that this implies that we cannot be expected to maintain such a formidable level of care, because we were created with physical nakedness against our wills.
Rabbenu Asher and Rabbenu Yonah suggest that no part of the body may touch one's genitalia during Kri'at Shema, and that the heel is given only as an example. The Shulchan Aruch, Orach Chayim 74:5 accepts this position.
If he is lying under his sheet, but is otherwise naked, he should make a separation5between his heart and his genitalia by placing his sheet below his heart, and [then] recite the Shema. He should not, however, make a separation from his neck [downward] and recite, because his heart will see his nakedness, and it is as if he is reciting without any loin covering.6Berachot 24b relates:
One who is lying under his sheet and is unable to stick out his head because of the cold should separate himself by placing his sheet under his neck, and recite [the Shema]; there are those that say on his heart.
The Rambam and the vast majority of Rishonim follow the second position, because the first opinion does not take into account the rule “One's heart shall not see his nakedness.” If one is sleeping with no clothes on, he may separate the top half of his body from the lower half.
הלכה יח
שְׁנַיִם שֶׁהָיוּ יְשֵׁנִים בְּטַלִּית אַחַת כָּל אֶחָד מֵהֶן אָסוּר לִקְרוֹת אַף עַל פִּי שֶׁיְּכַסֶּה מִתַּחַת לִבּוֹ עַד שֶׁתְּהֵא טַלִּית מַפְסֶקֶת בֵּינֵיהֶן עַד שֶׁלֹּא יִגַּע בְּשַׂר זֶה בִּבְשַׂר זֶה מִמָּתְנָיו וּלְמַטָּה. וְאִם הָיָה יָשֵׁן עִם אִשְׁתּוֹ אוֹ בָּנָיו וּבְנֵי בֵּיתוֹ הַקְּטַנִּים הֲרֵי גּוּפָן כְּגוּפוֹ וְאֵינוֹ מַרְגִּישׁ מֵהֶן. לְפִיכָךְ אַף עַל פִּי שֶׁבְּשָׂרוֹ נוֹגֵעַ בָּהֶם מַחֲזִיר פָּנָיו וְחוֹצֵץ מִתַּחַת לִבּוֹ וְקוֹרֵא:
כסף משנה
18.
When two people are lying under one sheet,1without clothing each is forbidden to recite the Shema even if he has covered himself below his heart,2and thus, his heart does not see his own nakedness. unless the sheet also separates between them in a manner that prevents their bodies from touching3Berachot 24a records a difference of opinion between Rav Yosef and Shmuel. Both agree (as the Rambam states later in this halachah) that when sleeping in the same bed with his wife, one need only turn his face away from her in order to recite the Shema. However, Shmuel is of the opinion that this same halachah applies even if he were sleeping with a person other than his wife, while Rav Yosef feels that this dispensation is only granted in regard to one's wife.Rashi explains the latter opinion as follows: Since a person is accustomed to being with his wife, lying with her will not prevent him from having proper intention while reciting the Shema. In contrast, when he lies with a person other than his wife, he must separate his body from that person's, lest the touching of their bodies distract him.It is interesting to note that there is a clear dispute between the great rabbis of Spain and North Africa (Rabbenu Yitzchak Alfasi, the Rambam and their disciples) and the great rabbis of Germany and France (Tosafot, Rabbenu Asher, and their disciples) concerning this halachah.
The Rabbis of France rule that even when sleeping in the same bed as one's wife one must make a separation with the sheet before reciting the Shema. Rabbi Yitzchak explains that the halachah is not according to either Shmuel or Rav Yosef and it is reasonable to be particularly strict based on a beraitot quoted in the Berachot 24a. In contrast, the Rabbis of Spain follow the Rambam's view.
Generally, in such instances, the Shulchan Aruch will rule in accordance with the Rabbis of Spain, and the Ramah with the Rabbis of France. In this instance, the Shulchan Aruch, Orach Chayim 73:2, after quoting both positions, suggests that it is fitting to follow the ruling of the Rabbis of France. from the loins downward.4in contrast, bodily contact above this point would not induce sexual thoughts.
The Mishnah Berurah (Orach Chayim 73:2) points out, regarding this halachah, that were one to separate himself from another with the sheet, he need not also turn his head away.
If he is sleeping with his wife, children or other young members of his household,5See the following Halachah for a definition of this term. their bodies are considered like his own, and he is not affected by them.6i.e., he is familiar with them and sexual thoughts are not likely to be aroused. Therefore, even though his body is touching theirs, he may turn away his face,7The Magen Avraham 73:1 requires a person to turn away his whole body so that only the back of his body is touching them, lest he be bothered by sexual thoughts if the front of his body touches them. separate below his heart8so that his heart will not see his own nakedness and recite [the Shema].
הלכה יט
עַד אֵימָתַי הֵם קְטַנִּים לְעִנְיָן זֶה עַד שֶׁיְּהֵא הַזָּכָר בֶּן שְׁתֵּים עֶשְׂרֵה שָׁנָה וְיוֹם אֶחָד וְהַנְּקֵבָה בַּת אַחַת עֶשְׂרֵה שָׁנָה וְיוֹם אֶחָד וְהוּא שֶׁיְּהֵא תַּבְנִיתָם כְּתַבְנִית גְּדוֹלִים (יחזקאל טז ז) ״שָׁדַיִם נָכוֹנוּ וּשְׂעָרֵךְ צִמֵּחַ״. וְאַחַר כָּךְ לֹא יִקְרָא עַד שֶׁתַּפְסִיק טַלִּית בֵּינֵיהֶן. אֲבָל אִם עֲדַיִן לֹא הָיוּ שָׁדַיִם נָכוֹנוּ וּשְׂעָרֵךְ צִמֵּחַ קוֹרֵא עִמָּהֶן בְּקֵרוּב בָּשָׂר וְאֵינוֹ צָרִיךְ הֶפְסֵק עַד שֶׁיִּהְיֶה הַזָּכָר בֶּן י״ג שָׁנָה וְיוֹם אֶחָד וְהַנְּקֵבָה בַּת שְׁתֵּים עֶשְׂרֵה שָׁנָה וְיוֹם אֶחָד:
כסף משנה
19.
Until when is one considered a child concerning this matter? A boy, until 12 years and one day; a girl, until 11 years and one day.1Rashi explains that these are the ages when puberty begins, and from this time onward, the youths become physically attractive. However, this opinion does not place any conditions on that age. The Rambam continues and makes that age conditional...[When they reach that age, they are only excluded when] their physical characteristics are like those of adults2This represents the third position in the Talmud, which states that this matter in not dependent on age at all, but rather on physical maturity. Thus, the Rambam seems to develop his halachic ruling based on a combination of the latter two positions in the Talmud. - i.e., developed breasts and pubic hair.3Based on Ezekiel 16:7, Niddah 6:1 mentions these as signs of a woman's physical maturity. See also Hilchot Ishut, Chapter 2.
From this time onwards, he may not recite the Shema unless he has first separated himself from them with the sheet - as mentioned in the first clause of the previous halachah. From this time onwards, one may not recite the Shema unless he has first separated himself from them with the sheet.
However, if they have not yet developed breasts or pubic hair, he may still recite [the Shema while lying] in physical contact with them, and need not separate from them4as mentioned in the second clause of the previous halachah. until the boy is 13 years and one day, and the girl 12 years and one day.5At this point they are considered adults, even if they do not have the physical characteristics of adulthood. Rabbenu Asher quotes and supports the position of the Rambam.