Siman 110

The sages taught in the Mishnah (28b): Rabban Gamliel says: Every single day a person prays eighteen. Rabbi Yehoshua says: An abridgment of eighteen. Rabbi Akiva says: If his prayer is fluent in his mouth, he prays eighteen, and if not, an abridgment of eighteen. And the halacha is according to Rabbi Akiva (the Rambam and the Bartenura in the commentary on the Mishnah). And it is explained in the Gemara: What is "an abridgment of eighteen"? This is the prayer of "Havineni," where one says the first three and the last three, but indeed includes the middle blessings in one blessing in this version: Give us understanding, O Hashem our God, to know Your ways, and circumcise our hearts to fear You, and forgive us so that we may be redeemed, and distance us from our pains, and satisfy us with the pastures of Your land, and gather our dispersed from the four [corners], and those who stray from Your knowledge shall be judged, and upon the wicked wave Your hand, and the righteous shall rejoice in the building of Your city and in the restoration of Your Sanctuary, and in the flourishing of the horn of David Your servant, and in the preparing of a lamp for the son of Yishai Your anointed. Before we call, You shall answer. Blessed are You, Hashem, Who hears prayer. See there. For in this, all the middle blessings are included, as Rashi and the Tosafot of Ri explained, see there.

And behold, in the Gemara there it is stated: Abaye cursed one who prays "Havineni." The Smag and the Hagahot Maimoniyot (chapter two) wrote that this refers to one who accustoms himself to always do so without any extenuating circumstance. Thus far his words. And the Rif wrote: And the rabbis say: These words apply in a time of pressing need, but not in a time of pressing need – one does not pray "Havineni." Thus far his words. This is the wording of the Rambam at the beginning of chapter two: In every prayer of every day – a person prays these nineteen blessings in order. In what case are these words said? When he finds his mind focused and his tongue quick to recite. But if he was preoccupied and pressed, or if his tongue was unable to pray – he prays the first three, and one blessing that is the essence of all the middle ones, and the last three, and he has fulfilled his obligation. And this is the blessing they instituted…: "Havineni…". Thus far his words. And according to his words, that which Rabbi Akiva said: If it is fluent…, and if not he should pray the essence of the eighteen, this "if not" is explained thus: either it is not fluent in his mouth due to his tongue being unable, or due to preoccupation and pressure.

And the Tur wrote: And these words apply in a time of pressing need, such as when he is on a journey or the like. And when he arrives at his home – he does not need to return and pray another time. But when it is not a time of pressing need, one should not say it. Thus far his words. And he did not mention that his speech was too limited to pray, even though this is the primary explanation of the Mishnah; it appears to me that because nowadays the text is in all the prayer books – it is not relevant to say that his speech was too limited to pray. And only in the time of the Shas, when they would pray by heart, was it relevant to say that it was not fluent in his mouth, but not in this time when we pray from prayer books. And our teacher, the Beit Yosef, also did not mention this, see there. Rather, he wrote it in a different language, and this is his wording in section 1: In a time of pressing need, such as when he is on a journey or was standing in a place where he is preoccupied, and fears that they will interrupt him or that he will not be able to pray a long prayer with kavanah – he prays... and he must say it standing... Thus far his words. And that which he wrote "and fears that they will interrupt him" refers to "a journey," meaning: that wayfarers will interrupt him. And that which he wrote "or that he will not be able to pray with kavanah" refers to "standing in a place where he is preoccupied."

And that which he wrote, that one must say it standing, meaning: even though in siman 94 it was explained that for one who is traveling they permitted him to pray while he is walking, that is when he wishes to pray the Shemoneh Esrei in its proper form, which is long, and if he stands he will have confusion. Therefore, they permitted him to pray while walking. But if he wishes to pray "Hevinenu," which is short – he is specifically obligated to pray standing. And know that our sages, of blessed memory, said there that one does not pray "Hevinenu" on Saturday nights or the nights following Yamim Tovim, because one must say Havdalah in "Chonen HaDa'at." And similarly, not during the rainy season because one must say "tal u-matar." And even though these too could be included in "Hevinenu" obviously, nevertheless we concern ourselves lest he become confused (Gemara). Meaning: since it is an occasional prayer, if at times he also makes changes in it – he will become confused. And it is brought in the Gemara there that confusion only applies to "tal u-matar" because it is in the middle of "Hevinenu." But Havdalah he can include and will not become confused, because it is at its beginning. And it remained in the Gemara as a difficulty: why should he not include it? See there. And the Rashba wrote in the name of the Gaon that wherever the Shas did not say "tiyuvta" – the law is not rejected, and such is the halacha. (And for the resolution to this see Beit Yosef, and Bach, and Magen Avraham subsection 6. And in my humble opinion it is not a difficulty at all: for certainly according to Shmuel who says this, he holds that in this too he will come to be confused. However, the Shas says to Rav Bibi who mentioned the rainy season, why did he not also mention Saturday night? Because he holds that regarding Havdalah confusion does not apply. But Shmuel does not hold so. And you should know that there is a dispute regarding the reasoning of confusion: for in the Yerushalmi there it actually says regarding the rainy season that he should include it, see there. And if so, it does not hold of the reasoning of confusion even regarding "tal u-matar." And it is no wonder if Shmuel and Rav Bibi also disagree regarding Havdalah, and the halacha is like Shmuel. And in the Yerushalmi there it says that in the blessing of "Hevinenu," when he finishes the last three, he should say: "Blessed is Hashem for He has heard the voice of my supplications." See there.)

And know that there is one who says that when the time is passing—one should pray "Hevinenu" (Magen Avraham, subsection 1, in the name of Knesset HaGedolah). And from this it appears that he holds that if one began the prayer before the end of the time for prayer, and it extended until after the time—it is not called having prayed in its time. For certainly his intention is that now the time has not yet passed, for if not so, what difference does it make? And therefore he holds that one should pray "Hevinenu" and conclude within the time, whereas with all eighteen blessings he would conclude after the time. And in my humble opinion, it appears from Tosafot Berakhot (7a, in the heading beginning "She'ilmalei") that we follow the beginning, and if one began during the time for prayer it is called "prayer in its time" even though he concludes it after the time. See there.

If one prayed the "Havineinu" prayer not in a time of pressing need, some say he has fulfilled his obligation (Olat Tamid), and some say he has not fulfilled his obligation (Eliyah Rabbah). It appears to me that the primary view is like the first opinion, for it has already been explained that Abaye cursed one who prays "Havineinu" – this refers to one who is not in a time of pressing need. And if it entered your mind that he did not fulfill his obligation, a curse would not be relevant in this case, and he should have said that he did not fulfill his obligation. Rather, certainly he fulfilled his obligation, but he did not act properly and therefore he cursed him. However, in our times, we have never heard of anyone who would pray "Havineinu." The reason is simple: granted in their days when they would concentrate much during prayer – they instituted "Havineinu" for times when one could not concentrate. But nowadays, in any event, we do not concentrate so much, as I have written several times. If so, why do we need "Havineinu"? (And it would be proper to habituate soldiers who are rushed for their service to pray "Havineinu".)

From the law of the Gemara (16a), laborers who are performing work for a homeowner, if he only provides them with food and not monetary wages—they pray all eighteen blessings. But if he pays them—they pray "Havineinu." And even when he does not give them money, nevertheless they do not descend before the amud, and they do not lift their hands if they are kohanim in places where they ascend the duchan every day. And learn from this that they are obligated immediately after Kedushah to return to their work, for if not so, what is the difference regarding their descending before the ark and their duchan, since even without this they would remain until after the prayer? And there is reason to doubt if he provides food also for his wife and children, whether it is like one who takes a wage or not. And likewise the opposite: if he gives them a wage and not food, and the wage is only sufficient for his food, whether it is like one who takes a wage or not. And all this is regarding a daily wage, but when one works by contract—there is no difference to the homeowner, and he shall pray in full like all of Israel. And our teachers wrote that nowadays it is not the way to be particular about this, and in every case he prays in full, for presumably they hire themselves out with this in mind. And there is reason to doubt if nowadays one makes a condition with the laborer that he should not pray anything but "Havineinu," whether it is effective or not. For seemingly it is effective, but one could say that it is not within his power to uproot him from his prayer against the custom. However, whether a laborer is permitted in this time to go to the beit knesset to pray—it depends on the custom of the place (Magen Avraham, subsection 7) if they did not stipulate explicitly. Siman 110, section 8: Our Rabbis taught (29b): One who walks in a place of bands of wild animals and bandits—prays a short prayer: "The needs of Your people are many, and their knowledge is short. May it be Your will before You, Hashem our God, that You give to each and every one according to his sustenance, and to every body its sufficiency. Blessed are You, Hashem, Who hears prayer." And it requires neither the first three nor the last three, and it is not similar to "Havineinu" through which one fulfills the obligation of prayer. But with this one does not fulfill the obligation of prayer, and when he reaches a settlement and his mind is cooled from the fear—he returns and prays all eighteen. And if he did not pray—his law is as if he forgot to pray entirely, as I wrote in siman 108 that this short prayer does not exempt the commandment of prayer. And therefore they permitted him to pray it while he is walking, and only if he wanted to stand—he stands. And if you ask: if so, why should he pray it at all, should he not pray at his destination where he will rest the entire prayer? It seems to me that our sages, of blessed memory, were concerned that perhaps he would not reach his destination during the entire time of prayer, and therefore they said that in any event he should pray this prayer. And it further seems to me that even if he reached his destination after four hours—he should pray the entire prayer until midday. However, if he came after midday—he is exempt through this, and he does not need to pray Mincha twice. And know that in the Rif the version after "its sufficiency" is—"and do that which is good in Your eyes," see there. And so it is in the Rosh and in the Rambam and in the Tur, see there. (See Magen Avraham, subsection 8, who wrote that in the case of one walking, in any event he must return and pray, as I wrote in siman 94. Thus far his words. And I am wondered, for the Magen Avraham himself there in subsection 11 disagrees with this, see there.)

Anyone who goes out on a journey prays tefillat haderech (29b). And this is its version: May it be Your will, Hashem our God, that You lead us in peace, and direct our steps in peace, and support us in peace, and rescue us from the hand of every enemy and ambush on the way, and send blessing upon the work of our hands. And grant us favor, kindness, and mercy in Your eyes and in the eyes of all who see us. Blessed are You, Hashem, who hears prayer. And in the Rif, the version is: "and support us in peace, and return us to my home in peace," see there. And in the Tur this version is not present, but at its end he has the version: "for You hear the prayer of Your people Israel with mercy." And at its beginning he has the version: "our God and God of our fathers," see there. And it is a wonder that in the Rambam the entire law of tefillat haderech is not found. Our teacher, the Beit Yosef, already remarked on this in his great book, see there. And even though at the end of the tenth chapter of Berakhot he wrote the prayer of one who enters a city and one who leaves a city as explained at the beginning of the chapter "HaRo'eh," and he wrote there "and just as You have brought me out in peace, so lead us in peace and direct our steps..." see there, according to the version of tefillat haderech. And one could say that he intended to include them in one prayer, and also his intention was that one should conclude with "who hears prayer" even though he did not explain it so (see Beit Yosef siman 230). Nevertheless, there are several laws in the Gemara regarding this as will be explained, and why did he not explain them? And it requires further study.

One must say it in the plural: "that You lead us" and not "that You lead me," and so too for all of them. And even if he goes alone, nevertheless there are many travelers, and it is better to include oneself with the public as the prayer is heard more. There is one who wrote that "and grant me favor" should be said in the singular (Magen Avraham, subsection 10). And there is one who disagrees with this (the Hagri"v). It is a mitzvah to engage in Torah on the way, but he should not delve into halacha lest he come to be distracted (Taanit 10b). But when sitting in a wagon, he may delve into halacha. And one should not eat on the way more than years of famine, because of the disruption of the bowels (ibid.). And a person should always enter with "it is good" and exit with "it is good," and not at night (beginning of Pesachim). And from his city when he does not go alone—it is permitted to exit even at night (Tosafot ibid., and see Magen Avraham, subsection 10).

One may say tefillat haderech even while he is walking. And if it is possible for him, he should stand when he says it and not walk, and it is better to say it while standing than while sitting. However, if he was riding on an animal – they did not trouble him to descend from it, and he says it while he is riding. Nevertheless, if it is possible for him, he should stop the animal, for riding is like walking. And so too when he is sitting in a carriage, they did not trouble him to descend, and he says it while sitting in the carriage. And if it is easy to stop the horses – it is proper to do so. And those traveling in the wagons of the iron railroads should say it while standing, for there it is easy to stand, and so too when traveling in large ships. And it is simple that one must say tefillat haderech when traveling on the sea, or on rivers, or on iron railroads. And if he wishes to add further supplications and requests there, he has permission to do so, but the tefillat haderech that is in the Gemara he is obligated to say in every type of travel that exists.

One does not need to say it more than once a day, but every day that he is on the way, he is obligated to say it during the first travel of the day. Furthermore, even if his intention was to lodge there, and afterward he decided to travel further or to return to his home – he must go back and pray it another time. For since his intention was to lodge – the prayer that he said in the morning was concluded. And afterward, when he reconsiders, he must say it anew, and he concludes with "Baruch" with the Name. But when he stops to rest in some place in the middle of the day with the intent to go from there further on that same day – he does not need to say it. And if he wishes to say it without a conclusion during every travel of the day – he may say it, for without a conclusion it is nothing. But once a day he is obligated to say it with a conclusion. And there are those who err not to say it every day with a conclusion based on what was printed in some siddur to that effect, and it is a great error and was printed in error.

One says it after he has taken hold of the way, and he should not say it within the outskirts of the city (Magen Avraham subsection 14). And there is one who wrote that he should not say it within the city limits, and it is a puzzling matter. And likewise there is one who wrote that as soon as he has prepared himself to depart, even though he has not yet departed—he may say tefillat haderech (Ataret Zekenim). And this too is not clear. (And the proof that he brought from the first chapter of Horayot, and his intention is to page 4, see there—is nothing. And what is the connection between this and that, for there we follow his preoccupation? And on the contrary, from Eruvin 52a there is explicit proof that as long as he has not uprooted from his house—it is not called "taken hold of the way." However, if he uprooted from his house even a few paces—it is called "taken hold of the way." See there, for it says there: leave him until he descends the step. And Rashi explained that it is because he has "taken hold of the way," and therefore when he walked from his house and said tefillat haderech immediately—he has fulfilled his obligation.)

The Tur wrote: And regarding the fact that it does not open with "Baruch," the Ri explained that it is because it is merely a general prayer, where one prays to the Holy One, Blessed be He, that He lead him in peace. It is not like a blessing over pleasure, nor like the blessings established regarding an event, but rather a request for mercy. And because it contains an extension of words – one concludes it with "Baruch." And the Maharam of Rothenburg, when he would depart on a journey in the morning – would say it after the morning blessings in order to join it to the blessing of "Who bestows kindness...", so it would be a blessing adjacent to its fellow. See there. And it follows that he would also say the blessings on the way. And even when one goes in the middle of the day, he can join it to another, such as eating or drinking something and joining it to the final blessing. Or he may urinate and join it to "Asher Yatzar." And the wise man's eyes are in his head.

One should not say Tefillat HaDerekh unless he has a parsa to travel, for less than a parsa is not called a "way." Unless it is a place of danger, for then even in less than this one must say it. And if he did not say it immediately upon his departure from the city – he may say it as long as he is on the way, provided that there is not less than a parsa to the place where he wishes to rest. And from there onwards he should say it without a berakha. And ab initio he should be careful to say it within the first parsa. And a parsa is four mil, and according to the measurement of our country Russia, a parsa is four viorsts. (One who goes out on a way – it is good that he take leave of a talmid chakham who is in the city, and he should say to him: "Go to peace," and not "in peace." And he should not go on a way without sustenance, and without tefillin, and a siddur, and a book to study.)

It is stated in the Gemara (28b): Upon his entry to the beit midrash he says: May it be Your will, O Lord my God, that no mishap occur through me, and that I not stumble in a matter of halacha and my colleagues rejoice over me. And that I not say regarding "tamei" – "tahor," nor regarding "tahor" – "tamei." And may my colleagues not stumble in a matter of halacha and I rejoice over them. Thus far his words. That is to say: that they should rejoice when they correct me from an error, and likewise I regarding them. And upon his departure he says: I give thanks before You, O Lord my God, that You have set my portion among those who sit in the beit midrash, and You have not set my portion among those who sit at street corners. For I rise early and they rise early: I rise early for words of Torah, and they rise early for idle matters. I toil and they toil: I toil and receive a reward, and they toil and do not receive a reward. I run and they run: I run toward the life of the World to Come, and they run toward the pit of destruction. See there. And now they are not accustomed to this, and it appears that it is because now those who learn in the beit midrash do not issue rulings, and the rabbi who rules sits in his home. And the Ari, of blessed memory, would say it every morning, and he would say: "For the Lord gives wisdom, from His mouth come knowledge and understanding. Open my eyes that I may behold wonders from Your Torah."

However, even for one who sits alone, and especially when he is a decider of rulings, they wrote that it is proper that he say: May it be Your will, O Lord my God and God of my fathers, that You enlighten my eyes with the light of Your Torah. And save us from every stumbling block and error, whether in laws of issur v’heter or in laws of money, whether in ruling or in study. "Open my eyes that I may behold wonders from Your Torah." And that which I have already erred—stand me upon the truth. And do not snatch the word of truth utterly from my mouth. "For the Lord gives wisdom, from His mouth come knowledge and understanding" (Taz subsection 8). And the prayer "I thank You" should be said every evening by one who engages in Torah all day (Magen Avraham subsection 16).