Siman 74

It is written: "When you go out as a camp... for the Lord your God walks in the midst of your camp... and your camp shall be holy, and He shall not see among you an unseemly thing...". And it is explained that in every place where there is the sanctity of the Name, such as in the war camp where the Ark and the Name placed therein were within the camp, as is explained in the Tosefta of Sotah, chapter seven, on the verse "for the Lord your God walks in the midst of your camp" – this refers to the Name that is in the Ark. And it is likewise explained in Sotah (42b). And they were commanded regarding two things: that the camp be holy, and anyone who needed to go out for his orifices was forced to go outside the camp, as is explicit in the Torah there. Behold, that excrement is forbidden to be seen in a holy place. And the second: that no nakedness shall be seen in a holy place. And even if we interpret "unseemly thing" as referring to transgressions, as Onkelos translated, nevertheless, since the verse designated transgression with the term "nakedness" – all the more so is nakedness forbidden to be seen.

And since the Torah forbade them even in a camp, it is a fortiori for a man who stands and prays, or recites Shema, or recites a blessing, who mentions the Holy Name many times and directs his heart to Hashem, that the place surrounding him must be clean of these two things: from excrement and from nakedness. For all that surrounds him is certainly like the camp of the Shekhinah at the time of the act. And our teachers, of blessed memory, in Shabbat (150a) inferred from the language of the Torah that in one detail excrement is more stringent than nakedness: for regarding excrement the Torah said, "and your camp shall be holy," and it follows that it is forbidden even in the contemplation of Torah. But regarding "nakedness" it is written "matter [davar]," from which we learn that speech is forbidden, but contemplation is permitted; see there. And this is the foundation for many laws that will be explained in this matter. And any type of Torah study, whether the Written Torah or the Oral Torah, whether Midrash or Zohar, or other holy books—it is forbidden to study them while one of these two things is present. For all words of Torah are His Holy Names, as is known, and we read regarding them, "and your camp shall be holy, and He shall see no unseemly thing [ervat davar] in you."

We have learned from this that at the time one recites Shema, or prays, or recites a blessing, or studies Torah – it is forbidden for any type of revealed ervah to be before his eyes, whether of a male or of a female. And this is "that He see no unseemly thing (ervat davar) in you," meaning "in you" – in your camp of the Shekhinah, ervah shall not be seen, and all the more so when his own ervah is revealed even if he does not see it. And likewise, if he closes his eyes so as not to see the ervah of his fellow, it is of no avail, for therefore it is written "there shall not be seen (yera'eh) in you an ervat davar" and it is not written "you shall not see (tireh) an ervat davar." And this is its explanation: The one who sees shall not see in you an ervat davar, at the time that the Lord your God walks in the midst of your camp. (Rashba, Berakhot 24a in the name of the Ra'avad.)

Behold, this prohibition is from the Torah. However, one does not receive lashes for it because it is a negative commandment that does not involve an action (Pri Megadim in the Mishbetzot Zahav at the beginning of this siman). Regarding excrement, it is a positive commandment of "and your camp shall be holy" (ibid.). These prohibitions are more severe than other prohibitions, as this involves a disgrace to Heaven, as is understood. His prayer is an abomination and he must repeat the prayer, and likewise regarding the recitation of Shema. There are detailed laws regarding this, and they will be explained in siman 76.

Regarding the matter of "his heart seeing the nakedness," there is a dispute in the Gemara (24b), and most of the poskim ruled that it is forbidden. The explanation of the matter: for example, he is dressed and his nakedness is not revealed, and there is no issue here of "no naked thing shall be seen in you." However, between the heart and the nakedness there is no separation, and it is called "the heart seeing the nakedness," and it is also forbidden. And the reason: since the Torah was particular that in the camp of the Shekhinah nakedness shall not be seen, and the heart is the primary camp of the Shekhinah of a person at the time he prays and recites Kriyat Shema, for the thought of holiness is in the heart, therefore there must be a separation between it and the nakedness. And this is rabbinic, and after the fact he has fulfilled his obligation, for in truth there is no revelation of nakedness here at all. And it seems to me that regarding Talmud Torah there is no concern for "his heart seeing the nakedness," and we have not found in the Gemara or the poskim this law except for Kriyat Shema and prayer. And it seems that for all blessings there is also this concern, since he mentions the Name of Heaven explicitly—it is like Kriyat Shema and prayer. And I saw one who wrote that for Kriyat Shema he repeats and recites when his heart saw the nakedness (Siddur Derech HaChaim). And in my humble opinion it is not so, for we have not found repetition except for excrement and revealed nakedness. And so it is implied from the Rishonim who did not mention this. (And see Pri Megadim, siman 71, subsection 5, who made it dependent on the dispute of whether an action performed against a prohibition is effective. And I do not know what one matter has to do with the other.)

We find ourselves learning that one who lies naked, even if he covers himself with a tallit over his entire body and over his head – it is forbidden due to the sight of nakedness. That is to say: there is no separation between his eyes and the nakedness. And even if he covers himself up to his neck, for then there is a separation between his eyes and the nakedness, nevertheless it is forbidden because "his heart sees the nakedness," and he must interpose between his heart and the nakedness. This is what our teacher, the Beit Yosef, wrote in section 1: If one was sleeping naked in his tallit – he must interpose with the tallit over his heart and then he may recite, because it is forbidden for his heart to see the nakedness. Thus far his words. And consequently, such is the law when he lies in his tunic and his body is covered, that he requires a separation between his heart and the nakedness. (And the Beit Yosef employed the term "naked" because in the Gemara there it deals with such a case, see the Tur and the Drisha.)

It is simple that when one lies naked, even if he places a partition over his heart – it is of no avail when his entire body is naked from his heart and below, as this constitutes the actual seeing of "ervah." However, if he is covered from his heart and below until the end of the body, even though from his heart and above he is naked – we have no concern regarding the recitation of Shema and other brachot, for there is no revelation of ervah from his heart and above. It is only regarding prayer that one must also cover from his heart and above, for this is like standing before the King and is not the way of the land. This is what our teacher, the Beit Yosef, wrote in section 6: If his cloak was girded upon his loins, to cover him from his loins and below, even though from his loins and above he is naked – it is permitted to recite Shema. But to pray is forbidden until he covers his heart. Thus far his words. And also from behind him, corresponding to his heart, must be covered for the reason we explained (and so wrote the Taz, subsection 5).

Our teacher, the Rema, wrote in section 1 that the same law applies if his heart sees the nakedness of his fellow—it is forbidden. Thus far his words, and so wrote the Tur. And it requires clarification. There is one who explained, for example, where two are standing in water, and the heart of one does not see his own nakedness because it is covered by a garment. However, he sees the nakedness of his fellow which is not covered, and it is forbidden to recite. And even though his eyes are out of the water and he is looking outside, and they do not see the nakedness but his heart sees the nakedness of his fellow—it is also forbidden (Bach). And behold, this explanation does not sit well according to what our teachers, the authors of the Shulchan Aruch, ruled below at the end of siman 75, that closing the eyes is effective regarding the nakedness of his fellow, see there. And all the more so in a case like this, where his eyes are out of the water and he is looking outside. And it is true that there are those who disagree with this law there, as will be explained there. However, in any event, the intention of our teacher, the Rema, cannot be explained thus according to their system there.

And there is one who explained [this] when there is no interruption between his heart and the nakedness of his fellow (Magen Avraham, subsection 1). For example, when they are sleeping under one garment naked and they are not touching one another, and his own nakedness is covered with a garment and his head is outside the shirt (Pri Megadim), and only his heart sees the nakedness of his fellow. But the essence of this law is perplexing: for from where do we derive to be stringent regarding his heart seeing the nakedness of his fellow? Behold, this prohibition is rabbinic. And it is explicitly implied from Rashi (24a, starting with the words "And even") and from Tosafot (starting with the word "Two") that there is no concern in this, see there. (And the words of the Ateret Zekenim—there is no reason at all in his words, see there.)

And in my humble opinion, a different intention appears in their words. For in truth, in the words of the Tur and the Shulchan Aruch, these matters were not explained in detail, namely that "his eye seeing the ervah" is a Torah prohibition and his heart is rabbinic. Rather, they were brief and said that "his heart seeing the ervah" is forbidden, and in this they included everything, as is clear to the one who examines it. Regarding the matter of seeing the ervah of his fellow, they did not mention it at all in this siman, and only in siman 75 did they write that it is forbidden to recite over against the ervah of others. Therefore, here they included this law with brevity of words, and said that his heart seeing the ervah of his fellow is forbidden. And their intention is not specifically regarding the heart, but rather to say: that if his heart is over against the ervah of his fellow, namely that they are lying face to face naked, even though there is a separation for his heart, nevertheless the ervah of his fellow is revealed over against his face. And this is similar to the law explained in siman 73, that there must be a separation of a garment between the two of them, see there. But their intention is not that his heart seeing the ervah of his fellow is exactly the same as seeing his own ervah.

It is stated in Sukkah (10a): One who stands in a house naked—he may not extend his head out through the window and recite Kriyat Shema. For since a house constitutes a permanent dwelling—his head is nullified relative to the majority of his body, and it is as if his head is in the house and he sees the nakedness. And it is not similar to one who extends his head out of his shirt. And such is the law when he lies naked in a kilah, which refers to curtains spread around the bed—he may not extend his head out of the kilah and recite Kriyat Shema when the kilah is ten high, as it is a significant place like a house, and it is as if his head is inside the kilah. But if it is not ten high—it is like a shirt, and he may extend his head out of the kilah and recite Kriyat Shema. So it is in the Gemara there. And the Shas here is not concerned with "his heart sees the nakedness" (Tosafot ibid.). That is to say: it is not dealing with this matter, and he can make a partition between his heart and the nakedness. And it is a wonder that the poskim did not bring this law at all. (The Magen Avraham wrote that it is because we hold "his heart sees the nakedness" is forbidden, see there. And it requires further study: what is the connection between this and that? And in the Yerushalmi "HaRoeh" Halacha 2, this law was questioned regarding a house and a tower in the matter of berakhot, see there. And since in our Shas it is simple that it is forbidden—one need not be concerned for the Yerushalmi. And the Eliyah Rabbah wrote that perhaps one can distinguish between berakhot and Kriyat Shema, see there. And it is not understood. And it requires great study regarding the Rosh in "HaRoeh" who brought the Yerushalmi, for behold the Shas disagrees with it, and aside from the precision of the Magen Avraham? And the Magen Avraham brought from the Yerushalmi only a tower of wood. But in truth, even regarding a house it was questioned in the Yerushalmi there, and it requires further study. And be precise and you will find it easy.)

One who bathes naked in clear water and wishes to drink – he is not considered as having exposed nakedness, since his nakedness being in the water is considered a covering. However, he must cover his head with some covering, for it is forbidden to recite a blessing with an uncovered head. And covering with the hand is not effective regarding a blessing. And regarding the matter of "his heart seeing the nakedness," if his heart is above the water, the water constitutes a partition between his heart and the nakedness. But if his heart is below the water – he requires a partition of a garment over his heart, for behold, the heart and the nakedness are within the water, and the heart sees the nakedness. And thus our teacher Tam used to practice, to cover with a garment from his heart and below when he would bathe (Beit Yosef). And specifically with a garment, but with his hands it is not effective. And all this is in clear water. But if the water was murky in a manner that his limbs are not visible in them – it is permitted to recite while he is within them, for the water itself constitutes a partition between his heart and the nakedness. And this is on condition that they are not foul-smelling, for in foul-smelling water it is forbidden to recite any blessing. And when he sits in a spring whose floor is earth – he can make even clear water murky, by murking them with his feet. And in a vessel this is not applicable, obviously. And it appears to me that if he washed with soap in the water, and the water became white from the soap – it is like murky water. And there is one who disagrees and says that even when his heart is above the water it is not effective, and he requires the partition of a tallit over his heart (Pri Chadash). And it is not compelling at all. (And I have looked into his words and did not find in them a primary reason, see there.)

Our teacher, the Beit Yosef, wrote in section 2 that specifically with a garment, but with hands it is not considered a covering. Thus far his words, and as we have explained. And in section 3 he wrote that if a person hugs his body with his arms – we judge it as an interruption. Thus far his words. That is to say: even though it is not a covering with his hands, this is because a covering is not applicable with "kind upon its own kind." However, from the perspective of an interruption – it is effective even with "kind upon its own kind." Therefore, by hugging the hands around the body it is called an "interruption" between his heart and the ervah (Magen Avraham subsection 6 and Beit Yosef). And there are those who disagree on this, for surely a covering is superior to an interruption. And since with a covering it is not effective – all the more so with an interruption (Pri Chadash, and Ba'er Heitev subsection 8 in the name of the Maharam Tivoli). And the first opinion holds that it is not that an interruption is superior to a covering. Rather, it means: since there is something that interrupts, whatever it may be – the heart no longer "sees" the ervah. But a covering is not an interruption but rather that he covers below the heart, and how can he cover his flesh with his own flesh? (And it appears to me that this is the intent of the Taz subsection 3, see there.)

Regarding the object that separates between his heart and the nakedness, there is no need for the object to be tied like a belt. Rather, since the garment ends below the heart—it constitutes a separation. And similarly, if the garment begins below the heart, such as trousers—it constitutes a separation, as will be explained in siman 91. And only that the garment be placed upon his flesh or upon his undershirt.

We are only particular regarding "his heart seeing the nakedness," for the reason that was explained in section 5. However, regarding other limbs when they see the nakedness—we are not concerned about them, for aside from the eye and the heart, they possess no significance, as is understood. But when one of his limbs touches his own nakedness or the nakedness of his fellow—it is forbidden to recite Kriat Shema or to pray. And even his thighs, upon which the nakedness rests when he lies down—he must separate them with a garment or distance them in a manner that the organ does not touch them. There is one who permits it with his small children when he touches their nakedness. And there are those who forbid, and such is the primary ruling. Thus agreed the great authorities (Beit Yosef, and Magen Avraham subsection 9).

And know that for a woman there is no law of "the heart seeing the ervah," since her ervah is below. Therefore, when they are wearing a shift—they are permitted to recite a berakhah and to pray even though there is no separation between their heart and their ervah, for their heart does not see their ervah. And there is one who disagrees regarding this (Bach), but it is not the primary view (Taz subsection 4). However, when they are naked—it is forbidden for them to recite a berakhah and to pray, unless their ervah is pressed against the ground or they are sitting on some soft object, for then their ervah is hidden and not visible. And for a man this is not effective, because his ervah protrudes. But when they are completely naked—there is in them a revelation of ervah just as in a man.