Siman 89

The Rambam wrote at the beginning of the Laws of Prayer: It is a positive commandment to pray every day, as it is said: "And you shall serve the Lord your God." By tradition they learned that this service is prayer, as it is said: "And to serve Him with all your heart." The sages said: Which is the service of the heart? This is prayer. The number of prayers is not from the Torah, the text of the prayer is not from the Torah, and prayer does not have a fixed time from the Torah. Therefore, women and slaves are obligated in prayer, because it is a positive commandment that is not caused by time. Rather, the obligation of this commandment is as follows: that a person should supplicate and pray every day, and declare the praise of the Holy One, blessed be He, and afterwards ask for his needs that he requires through request and supplication, and afterwards give praise and thanks to Hashem for the good He has bestowed upon him. Each person according to his ability. Thus far the wording of the Rambam.

And behold, according to the opinion of the Rambam, prayer every day is a positive commandment, as he explained this in the Sefer HaMitzvot, commandment 5. And in the Sifrei they said so. And the Ramban disagrees with him there, and he holds that prayer is midirabbanan, as is well known throughout the Shulchan Aruch that prayer is derabbanan. And according to the opinion of the Rambam, this refers to the formulation and times of the prayer. And that which they said, if one is in doubt whether he prayed or did not pray, he does not return and pray (21a) – this is also regarding the fixed prayer. Furthermore: since the doubt is regarding one prayer, if so, he prayed two prayers and fulfilled his obligation from the Torah. And so too regarding a ba'al keri, of whom they said there that he should not pray, this refers to the fixed prayer. But he may supplicate before Hashem for his needs without mentioning the Name of Havayah, and he fulfills his obligation from the Torah. And so too when they said women are obligated in prayer – it is not regarding the fixed prayer, but rather that they are obligated to supplicate before Hashem with prayer and supplications. And more will be explained regarding this with the help of Heaven in siman 106.

However, one must ask: From where did the Rambam derive that the obligation of prayer from the Torah is that first one should declare the praise of the Holy One, blessed be He, and afterwards ask for his needs, and afterwards give praise and thanks? From where did he derive this? For we only learned this from "And you shall serve...". And it seems to me from that which we say (32a): A person should always arrange the praise of the Omnipresent, and afterwards pray. And we learned this from our teacher Moses, see there. If so, it follows that when the Torah commanded to pray—it follows that it commanded to first arrange the praise of the Holy One, blessed be He. And from that which we say there (34a): The first ones are similar to a servant who arranges praise..., the middle ones are similar to a servant who requests a reward from his master, the last ones are similar to a servant who received the reward and takes his leave and goes. That is to say: that he gives thanks to his master. And since it is an obligation before flesh and blood to do so, all the more so before the King of kings, the Holy One, blessed be He. For this reason the Men of the Great Assembly also enacted thus, and if so, when the Torah obligated prayer—it follows that it obligated this as well.

And it seems to my humble opinion that even according to the Ramban, the intention is not that its primary obligation is rabbinic, and that from the Torah there is no obligation at all to pray. For this is not a logical reasoning at all. Rather, he says that this is not counted in the enumeration of the mitzvot, and its law is like all rabbinic laws where their doubt is ruled leniently. And this is to me like what the Ramban himself wrote regarding the shevut prohibitions of Shabbat, for that which we hold that buying and selling on Shabbat is rabbinic, the intention is not that from the Torah it is permitted to sit in a shop on Shabbat, for if so, this is not Shabbat. And behold, Nehemiah cried out about this, that they were desecrating the Shabbat. Rather, the intention is that certainly the prohibition is from the Torah, but it does not enter into the categories of melachot such that one would be liable for stoning for it. But the prohibition is from the Torah. So wrote the Ritva in the name of the Ramban.

And so I say, how is it possible to say that we should not pray at all to our Father in Heaven? For service is one of the three pillars of the world. And now, in our many iniquities, since we have no Sanctuary, we have nothing left but prayer. And we are like the eyes of servants toward the hand of their masters; how is it possible that we should not supplicate before Him, may He be blessed, every day? And furthermore, I bring proof from the Ramban himself, who wrote there, and this is his wording: And the essence of the verse "and to serve Him with all your heart" – is a positive commandment that our service to God, may He be exalted, should be with all our hearts. That is to say: with desired intention..., like the matter of "and you shall love...". For the commandment is to love Hashem with every heart... Thus far his words. And if so, it follows automatically that prayer is included in this, for this is service with desired intention. And how can we depict the love of Hashem if we do not pray to Him at all? And furthermore: it is known that the position of the Ramban is that the blessing of the Torah before [studying] it is a positive commandment from the Torah, as I wrote at the beginning of siman 47, see there. And this is the wording of the Ramban there: That we were commanded to give thanks to His name for the great good that He did for us by giving His Torah to us... Thus far his words. And if so, how is it possible to say that we are not obligated to give thanks to His name, may He be exalted, for the kindnesses and for the miracles that He does for us at every time and every hour? And how shall we not seek His mercy every day for our creation and for our sustenance? Is there a greater obligation than this? Rather, certainly as I have written, there is an obligation from the Torah to pray every day, but it does not enter into the count of the commandments.

And more than this, it appears in my humble opinion according to the view of the Ramban that it is not counted among the specific mitzvot, because it is high above high, for prayer is like one standing before the King and speaking with Him face to face, as it were. Therefore, it is specifically performed standing with awe and fear, and in it we sanctify His holiness, may He be blessed, during the repetition of the shaliach tzibbur like the supernal angels. And our sages, of blessed memory, called it "matters that stand at the height of the world," and that from the prayers crowns of glory are made for Him, may He be blessed, as is explained in the Midrashim. And it includes all the mitzvot, like the spinal cord which sustains the entire body of a person, and it is not included in the total of the 248 limbs and 365 sinews because it is not specific but rather it is general. Likewise, the matter of prayer is not included in the specific mitzvot, because prayer is a general matter. And so it is according to the hidden wisdom (and likewise brain, heart, and liver).

And King David, peace be upon him, said, "Evening, and morning, and at noon, will I complain, and moan; and He hath heard my voice." And he said: "Let my prayer be set forth as incense before Thee" – behold, prayer is as significant as incense. And Daniel the righteous, even while in a position of greatness, would pray three times a day, as it is written: "And three times a day he kneeled upon his knees, and prayed, and gave thanks before his God." And he risked his life for prayer, as it was because of this that they cast him into the lions' den. And not for naught did the Men of the Great Assembly toil, among whom were several prophets and one hundred and twenty elders. And they arranged for us the order of prayer in their holy spirit, and every single word stands at the height of the universe. And Heaven forbid that we should change from their version even by the tip of a yod. And all the more so those heretics who changed the version of the prayer from the Holy Tongue to a foreign tongue, and they have no portion in the God of Israel and in His holy Torah. And their pride is like their folly, for how could a human in our generations dare to change from what the fathers of the world, the one hundred and twenty elders, established, and among them several prophets: Haggai, Zechariah, and Malachi, Ezra and Nehemiah, and Zerubbabel and Joshua son of Jehozadak the High Priest, as the Semag wrote in mitzvah 19? See there, and likewise the Rambam there. And the small variations between the Ashkenaz version and the Sefard version – this is not a change, for both were received from time immemorial. And behold, they are all equal in the number of blessings and in the primary matters, and both these and those are the words of the living God. And we have already written regarding this in siman 68, see there.

And they instituted the first three as praise to Hashem, and the last three as thanksgiving, and the middle ones contain the request for all the needs in the world, as the Rambam wrote there: for they are like archetypes for every individual's desires, and for all the needs of the community. Thus far his words. And one who examines those holy prayers will find in them wondrous matters even according to the plain meaning, and all the more so that they certainly alluded in each and every blessing to matters that stand at the height of the universe. And it was not for nothing that the sages said that prayer is a need of the Most High.

And they enacted that the number of prayers should correspond to the number of sacrifices: two prayers every day corresponding to the two daily offerings, the morning daily offering and the afternoon daily offering. And every day that has a musaf sacrifice, such as Shabbat, Yom Tov, and Rosh Chodesh, they enacted a third prayer and it is called the musaf prayer. The morning prayer corresponds to the morning daily offering, and the mincha prayer corresponds to the afternoon daily offering. And they likewise enacted that a person should pray one prayer at night and it is called the arvit prayer, corresponding to the limbs of the afternoon daily offering which continue to be consumed all night, as it is said: "It is the burnt offering on the flame... all night." As David said: "Evening, morning, and afternoon I shall speak...", and like Daniel who prayed three times a day as I have written. And the arvit prayer is not an obligation like the shacharit and mincha prayers, since it does not have a sacrifice of its own. Nevertheless, all of Israel in all their places of dwelling have accustomed themselves to pray arvit, and they have accepted it upon themselves as an obligation.

And likewise they instituted a prayer after the mincha prayer on a public fast day close to the setting of the sun, in order to add supplication and request on account of the fast. And it is called the "ne'ilah" prayer, meaning: the gates of heaven are locked before the sun and it is hidden (Rambam). And we do not pray it except on Yom Kippur alone, for we hold (Pesachim 54b): there is no public fast in the diaspora. And even Tisha B'Av is not like a public fast regarding the matter of ne'ilah (ibid.). And it results that on every day there are three prayers, and on Shabbat and Yom Tov and Rosh Chodesh four, and on Yom Kippur five. And they further said in the Gemara (Berakhot 26b) that Avraham instituted the shacharit prayer, and Yitzchak instituted the mincha prayer, and Yaakov the arvit prayer. And we derive this from verses, see there. And so it is in the Yerushalmi at the beginning of the chapter "Tefilat HaShachar." And it also implies there that prayer is an obligation from the Torah, from the verse "and to serve Him" according to the opinion of the Rambam, see there.

Our teacher, the Beit Yosef, wrote in section 1: The commandment of the time of the morning prayer is that one should begin with the sunrise, as it is written: "They shall fear You with the sun." And if one prayed from when the amud hashachar rose and the face of the east was illuminated – he has fulfilled his obligation. Its time extends until the end of four hours, which is a third of the day. Thus far his words. And such is the wording of the Tur, who wrote: The time of the morning prayer begins from when the amud hashachar rose and the face of the east was illuminated... see there. And such is the wording of the Rosh at the beginning of the chapter "Tefillat HaShachar," and this is his wording: And the beginning of its time appears to be from when the flash of the morning rose and the face of the east was illuminated. See there. It is clear from their words that the amud hashachar is the illumination of the face of the east, and before this it is night. And so wrote Rashi at the beginning of the third chapter of Yoma. And so wrote one of the great ones in his commentary on the Mishnayot at the beginning of Berakhot (the Gra in Shenot Eliyahu), and this is his wording there: Rabban Gamliel says: Until the amud hashachar rises – that is the illumination of the face of the east. Thus far his words. And that which is explained at the beginning of the third chapter of Yoma, that the illumination of the entire east is after the amud hashachar, that is the illumination of the entire east, which is the spreading of complete day. But the plain illumination of the east is the amud hashachar. (And the words of the Magen Avraham in subsection 3 are very puzzling. And in his opinion that passage in Yoma is the illumination of the east, see there. And it is not so, for on account of the light of the moon they continued there until the entire east was illuminated, and it is not relevant here. And also what he questioned in subsection 2 regarding the Rambam – the Gra answered there, see there. Examine and you will find it simple.)

But in Midrash Rabbah Bereshit (parashah 50) it is stated: Rabbi Chanina said: From the time the amud hashachar rises until the east is illuminated—four mil. And from the illumination of the east until the sun shines—four mil. See there. And this statement is also found in the Yerushalmi at the beginning of the third chapter of Yoma and the beginning of the first chapter of Berachot. And in the Yerushalmi they used the expression "ayelet hashachar," see there. (And the Gra in Shenot Eliyahu there wrote that "amud hashachar" is not "ayelet hashachar," and his intention is to the Yerushalmi. But I wonder: for in the Midrash it says "amud hashachar"? And so wrote the Matnot Kehunah there, that it is the same thing, see there. And perhaps he holds that since we say in our Shas in Pesachim 94a that from amud hashachar until the sunrise is four mil, and according to the Yerushalmi and the Midrash it is eight mil—conclude from this that our Shas does not hold so. And in my humble opinion it is not so, and we have resolved with this the system of our teacher Tam which will be explained in siman 261 in our work "Or Liyesharim" on Sefer HaYashar of our teacher Tam, siman 181, see there. Examine it and you will find it simple.)

The sages taught in the Mishnah (beginning of the fourth chapter): The morning prayer is until midday. Rabbi Yehuda says: until four hours. And the halacha was decided in the Gemara according to Rabbi Yehuda. And the Rif wrote: And even though the view of the Rabbis who say "until midday" is not the law, in a case where one erred and prayed after four hours – they give him the reward for prayer, but they do not give him the reward for prayer in its proper time. Thus far his words, and the Rambam wrote similarly in the third chapter of the Laws of Prayer. And the wording of the Tur is as follows: And if he transgressed and did not pray until four hours – he should pray until midday. Even though he does not have the reward like a prayer in its proper time, there is at least the reward for prayer. Thus far his words, and such is the wording of our teacher, the Beit Yosef, in section 1. However, he wrote: And if he erred or transgressed..., see there. And our teacher, the Rema, wrote: And after midday it is forbidden to pray the morning prayer. Thus far his words. (And the wording of the Rambam is like the Beit Yosef, see there.)

And even though the Rif and the Rambam did not mention "until midday," nevertheless their intention is such, since they approach it from the reasoning of the sages, and they only said "until midday." And after midday the law is thus: if he transgressed intentionally, he has no compensation at all. And if he erred or was prevented by circumstances, he prays two during mincha, and it will be explained in siman 108. And the Rif did not mention this because he was not yet dealing with this law. Therefore, the Rambam and the Shulchan Aruch added: "erred or transgressed," because regarding "transgressed," this law is not applicable. And our teacher, the Rema, who wrote that after midday he should not pray, his intention was regarding "transgressed" and not regarding "erred," and he relied on what follows. Furthermore: for there he prays mincha first, as I have written there. And such is the conclusion of the great authorities (Magen Avraham subsection 5, and Taz subsection 1), and so one should rule.

Once the time for prayer has arrived, which is from the rise of dawn (ibid. subsection 6), it is forbidden for a person to go early to his fellow's door to greet him with "shalom," because the name of the Holy One, Blessed be He, is "Shalom." And thus they said in Berakhot (14a): Anyone who greets his fellow with "shalom" before he prays—it is as if he made him a bamah. That is to say: for prayer is in place of a sacrifice, and this one who receives the presence of his fellow before he receives the presence of the Shekhinah in prayer is like one who goes to sacrifice on a bamah and leaves the Sanctuary of Hashem (Maharsha). And the Tur wrote that this is specifically when he goes early to his door. But if he happened upon him—he may greet him with "shalom." Thus far his words.

This is the wording of our teacher, the Beit Yosef, in section 2: Once he has reached... but it is permitted to say to him: "Good morning to my master." And even this is not permitted except when he needs to go to see to some business. But if he is only going to greet him before prayer, even this wording is forbidden. And it is likewise forbidden to bow to him when he arrives early at his door. And some say that bowing is forbidden even without arriving early at his door. And if he began to recite the blessings afterward—one need not be so concerned. And if he does not arrive early at his door but rather encounters him on the way—it is permitted to give him a greeting. And some say that even when finding one's fellow in the marketplace—he should only say to him "Good morning to my master," so that he will take to heart that it is forbidden to delay with other matters at all until he prays. Thus far his words.

And his words are not understood in what he wrote previously: "And even this is not permitted except... but...". And it is difficult: for when one is not going to greet him, even "shalom" is permitted, as he himself concludes. And one cannot say that he wrote this according to the opinion of the "there are those who say," for if so, it is entirely redundant, and he should have said concisely that to arrive early at his door is forbidden even to say "tzafra demari tav." And when encountering him on the way, there are those who say it is permitted to say to him even "shalom," and there are those who say only "tzafra...". And I saw one who explained that this is what he means: that even this is not permitted except when he is going to see to some business, and incidentally he goes to his friend's door, where it is permitted to say to him "tzafra...". But "shalom" in such a case is forbidden (ibid. subsection 7). That is to say: that even according to the opinion that permits giving "shalom" when encountering him on the way, nevertheless, in such a case it is forbidden. And in my humble opinion, it does not imply this, for if so, the essence of his words is missing from the book. Furthermore: since ultimately he is arriving early at his door, what does it matter to me if he went for this or went for business? And furthermore I am astonished: for how is it permitted to go for business before the prayer, for further on it will be explained that it is forbidden to do any business before the prayer. And it requires great study.

And it appears in my humble opinion that this is the explanation: for seemingly, according to the language of the Shas, it implies that the prohibition is only because of "shalom," but to arrive early at the door of his fellow there is no prohibition. And indeed, there is one who holds so, that he may arrive early at the door of his fellow and say to him: "Good morning, my master" (Tosafot Ri in the name of the rabbis of Provence). But our teacher, the Beit Yosef, holds that to arrive early at his door is prohibited even without any speech. For so ruled the Ri (see Beit Yosef), that what was written there—that it is prohibited to arrive early even with the saying of "Good morning..."—the intention is not that without the saying it is permitted. For it is impossible to say so, as the saying of "Good morning..." is nothing, but rather that is the way of the matter. But the essence of the prohibition is to arrive early at the door of his fellow. And the measure of the words of our teacher, the Beit Yosef, is thus: and even this is not permitted except when he needed to go to see some business, meaning some matter. And it is a matter of a mitzvah, and his intention is not for actual business. And so it is explained from the source of the law (see Beit Yosef). But if he is only going to greet him, even this language is prohibited. Meaning: even this language which is nothing, nevertheless it is prohibited because the greeting itself is prohibited. And when he goes for some business and encounters him—it is permitted even with the saying of "shalom" according to the first opinion that follows. However, it is not dealing with this, and this is not what it comes to inform us. But the main point it comes to inform us is that there is a prohibition in the greeting alone. And so one should instruct.

And know that regarding what our teacher, the Beit Yosef, wrote, that after the blessings one need not be so concerned—his intention was not regarding the saying of "shalom" but rather regarding the matter of bowing (Taz, subsection 2), or regarding the saying of "shalom" when he does not go specifically to his door. But when he goes specifically to his door explicitly—it is proven in the Gemara there that it is forbidden to say "shalom" (Magen Avraham, subsection 8). And likewise, to go specifically to his door alone and say "may my master's morning be good"—is also permitted. And this is why he was precise to say "one need not be so concerned," meaning: that if there are not both things, going specifically to his door and the saying of "shalom," it is permitted. But with both things—it is forbidden. And know that in any place where it is forbidden to say "shalom"—it is forbidden even with one whom he is accustomed to greeting with "shalom." And it further appears to me that even according to the "there are those who say" that even in the marketplace it is forbidden to say shalom, this is when he initiates with "shalom." But if his fellow said "shalom" to him, such as if he had already prayed—it is permitted for him to respond "shalom." For responding is more lenient than initiating, as is proven in the Gemara, see there.

It is stated in the Gemara (14a): A person is forbidden to attend to his affairs before he prays, as it is said: "Righteousness shall go before him, and he shall set his footsteps on the way." Rashi explained: "Righteousness" refers to prayer, which justifies him before his Creator. And afterwards, he sets his footsteps toward the ways of his affairs. Thus far his words. And they further said there: That anyone who prays and afterwards sets out on a journey, the Holy One, Blessed be He, fulfills his affairs for him, as it is said: "Righteousness shall go before him..." And the version of the Rif and the Rosh even in the first statement is: "A person is forbidden to set out on a journey before he prays," see there. And the Tur and the Shulchan Aruch in section 3 wrote both things, and this is their wording: It is forbidden for him to engage in his needs or to go on a journey until he prays the Shemoneh Esrei prayer. See there. And certainly it is so, for even according to our version, a journey is also included in his affairs. And the plain meaning of the verse "and he shall set his footsteps on the way" refers to a journey. And the wording of the Rambam in chapter six, law 4, is as follows: It is forbidden for a person to taste anything or to do work from the time the dawn rises until he prays the Shacharit prayer... and he shall not set out on a journey before he prays. Thus far his words. And it appears that his version in the Gemara was like the Rif, but work he derived from the verse "and Me you have cast behind your back," from which we derive the prohibition of tasting, as will be explained. And work is also thus, for he casts the work of Heaven behind his back and engages in his own work. And it is also explained in the Gemara (5b) that prayer must be adjacent to his bed. And the Tosafot explained that it is forbidden to do work before the prayer, see there. And it is simple that it is not specifically work, but rather the same law applies to any kind of business, for what difference is there between this and that.

And in the book Terumat HaDeshen (siman 18), they asked him regarding those people who pray until "Baruch She'amar" and go about their business, and afterwards pray, whether it is permitted to do so? And he replied that it is forbidden, for the intent of the Gemara is regarding the Shemoneh Esrei prayer, as the Rambam, the Tur, and the Shulchan Aruch wrote. He concluded there in his responsum that he saw those who do so, and it is not according to the law of the Shas. And based on this, our teacher, the Rema, wrote that there are those who are lenient after they have said some of the blessings before they have said "Baruch She'amar." And it is good to be stringent in this. Thus far his words. And it is not understood who these "there are those who are lenient" are. For if his intention is regarding certain people who are lenient in this, if so, he should not have said "and it is good to be stringent," which implies that it is merely a stringency, whereas according to the fundamental law it is so, as the Terumat HaDeshen wrote. And thus he should have said, "And there are those who are lenient... and one should not be lenient in this." And it requires further study. And in truth, the Levush wrote so, see there. And such is the primary ruling in law.

And it is simple that specifically his own affairs are forbidden, but the affairs of Heaven are permitted. And it is not only necessary to say regarding collecting tzedakah or another mitzvah, but even to prepare the needs of Shabbat on the eve of Shabbat and the needs of Yom Tov on Yom Tov. For it is for this reason they said in Megillah (23a) that on Yom Tov they delay coming to the beit knesset. And so it is explicit in Masechet Soferim (chapter 18), and so wrote the great Acharonim (Pri Chadash and Sha'arei Teshuva). And so too regarding setting out on a journey for a matter of a mitzvah—it is permitted even before the prayer. And there are those who permit even for a voluntary matter if the caravan does not wish to wait (Magen Avraham subsection 10). And all the more so regarding one who sets out before the light of day, for it is permitted in any case (see Taz subsection 3).

It is forbidden to eat or drink before the prayer. And thus our sages, of blessed memory, said (10b): "You shall not eat over the blood" – do not eat before you have prayed for your blood. And regarding anyone who eats and drinks and afterwards prays, the verse says of him: "And Me you have cast behind your back" – do not read "your back" [gevcha] but rather "your pride" [geecha]. The Holy One, Blessed be He, said: After this one has acted pridefully, he accepted upon himself the Kingdom of Heaven. And the Tur and the Shulchan Aruch wrote that it is permitted to drink water before the prayer, for regarding water, pride is not applicable. And it is permitted both on a weekday and on Shabbat and Yom Tov, for even though it is forbidden to taste anything before Kiddush, nevertheless, before the prayer the obligation of Kiddush has not yet devolved upon him. And the Rosh acted so in practice as the Tur wrote, and so wrote the Hagahot Maimoniyot and other great authorities. And their reason is: since our sages, of blessed memory, expounded "your pride" – this is not applicable to water, for there is no pride here. However, from the words of the Rambam who wrote "it is forbidden to taste" – it implies that any tasting is forbidden. But most of our teachers do not hold accordingly. And such is the simple custom to drink hot water with the herb called "tea" before the prayer. And in most cases it aids in cleanliness, as is known. And there are those who forbade drinking it with sugar, and I do not know the reason, for is there the status of "eating" in this? Behold, it is only to flavor the hot water a little. And there are those who permitted drinking with sugar when the sugar is in his mouth, but to place it in the hot water and make sweet water – is forbidden (see Ba'er Heitev subsection 11 and Mishnah Berurah). And it is not the primary view. But with milk it seems to me that it is forbidden, for milk is satiating. Furthermore: it comes from blood, for blood is decomposed and becomes milk, and "before you have prayed for your blood" is applicable to this. But the world conducts itself with permissibility even with milk, because it only comes to flavor the water. And also coffee is permitted to drink, even though it appears that coffee is satiating, nevertheless the great authorities wrote that it is permitted (see there in the Ba'er Heitev). And there is reason to doubt whether it is permitted to drink seltzer water or lemonade when one is not drinking for medicinal purposes, for for medicinal purposes it is obvious that it is permitted as will be explained. And it appears that there is no difference between plain water and these waters.

Our teacher, the Beit Yosef, wrote that foods and drinks for medicinal purposes are permitted. Thus far his words. And his intention is not regarding one who is completely ill, for that is a simple matter even if there is no danger. Rather, the intention is for one who takes it for medicine, and he is not ill but rather like those with minor pains. Or even if he has no pain at all but rather to strengthen himself, such as during the spring days when they take medicines to strengthen the body and the sinews. And if there are in these medicines even types of complete food and drink—it is permitted, for since he does this for medicine, there is no issue of pride in this. And even if he can do it after the prayer—it is permitted. Therefore, one who has weakness of the heart may eat before the prayer, for this is for medicine. (See Magen Avraham subsection 12, and Chayei Adam and Mishnah Berurah.)

The Rambam wrote in the fifth chapter: One who is thirsty or hungry is included among the sick. If he has the ability to focus his mind – he should pray. And if not – he should not pray until he eats and drinks. Thus far his words. And it implies that it is forbidden for him to pray until he eats and drinks. However, our teacher, the Beit Yosef, in section 4 wrote: If he desired, he should not pray until he eats and drinks. See there. And he explained his reason in his great book: Because in any case we do not focus so much, therefore we do not protest against him if he desires to pray before he eats and drinks, see there. And it is obvious that this is in a manner where it will not harm his health when he does not eat immediately. But if there is a concern of harm to the body – it is simple that it is forbidden for him to pray until he eats and drinks, as it is written: "And you shall guard your souls."

The Tur wrote: And if he began to eat before the rise of dawn, the Rambam, of blessed memory, wrote that he does not need to stop. And my lord, my father, of blessed memory, wrote in the name of Ri that he must stop. Thus far his words. And based on this, our teacher, the Beit Yosef, wrote in section 5 that if he began to eat before the rise of dawn – he must stop. And some say that he does not need to stop. Thus far his words. And his primary opinion is that he must stop, for he wrote in his great work that what the Tur wrote in the name of the Rambam, that he does not need to stop – is an error, for he did not write this regarding the morning but only regarding Mincha. Rather, it is the opinion of the Rashba that he does not need to stop, see there. And so wrote all the commentators on the Tur. But in my humble opinion it is not so, and his intention refers to what the Rambam wrote in the second chapter of Keriat Shema: If he was engaged in eating... – he finishes, and afterwards recites Keriat Shema. And the Ra'avad disagreed with him, for since Keriat Shema is from the Torah – he must stop even if there is time to recite it afterwards. But for prayer, which is rabbinic, he should not stop, unless there will not remain time to pray, see there. And we have already written at the end of siman 70 that they do not disagree at all. For the Ra'avad is dealing with one who began in a prohibited manner, and the Rambam is dealing with one who began in a permitted manner before the light of day (and so wrote the Bach there). And it turns out that the Tur spoke well that if he began before the rise of dawn, it is the opinion of the Rambam that he does not need to stop, for even regarding Keriat Shema this is his opinion, and all the more so regarding prayer. And such is the opinion of the Ra'avad and the Rashba; if so, it is a majority of opinions for leniency. And such is the custom at weddings in the summer days when they eat into the day, while according to the opinion of the Rosh, in any case he must stop. And it is not similar to Mincha where one does not stop, for in the morning they based it on the verse "You shall not eat over the blood." And according to this opinion, at weddings they should not begin the feast if they cannot finish it by the rise of dawn. And it is possible that regarding a seudat mitzvah there is no concern. (And perhaps this is the intention of the Magen Avraham in subsection 14, who wrote that it is not certain, see there. And examine carefully and you will find it easy.) And such is the simple custom. And according to the opinion of the "some say," even if he began after the rise of dawn – he should not stop for prayer but only for Keriat Shema, and he should recite Keriat Shema and eat. And if he began before the rise of dawn – even for Keriat Shema he does not need to stop. (See Magen Avraham subsection 14 and subsection 15. And what he wrote in the name of Rabbi Chaim Vital that even at midnight one should not taste anything before he prays, see there – this is for the supremely holy and not from the law. And even in this there are those who disagree, as the Sha'arei Teshuva wrote in subsection 11 in the name of the Shevut Yaakov. And there is one who distinguishes that eating is prohibited, but drinking is permitted, as the Ba'er Heitev wrote in subsection 15. And for the law, the main point is as I have written.)

According to the opinion of Rashi in Berakhot (5b), even to study is forbidden once the time for prayer has arrived. The Tosafot and the Rosh disagree with him on this. The Rosh wrote that even according to Rashi, the prohibition is only when one studies in his beit midrash and prays there, and does not go to the synagogue to pray, for in this there is a concern that perhaps he will be preoccupied with his study and the time for the recitation of Shema and prayer will pass. However, when he goes to pray at the synagogue or the beit midrash, not in the place where he studies – it is permitted. Similarly, if he is teaching others, even if he prays there – it is permitted, for the Torah study of the many is superior. And all the more so when the hour is passing, for if they do not study now they will be idle from their study, as the merit of the many is a great thing. Indeed, our holy teacher taught his students, and when the time for the recitation of Shema arrived, he would pass his hands over his eyes and recite only the verse "Shema Yisrael" (13b). And know that our teacher, the Beit Yosef, in section 6 wrote that to teach others is permitted since the hour is passing, for if they do not study now they will be idle, see there. And it appears in my humble opinion that this is not exact. For the matter is generally so, but certainly in every case it is permitted, since the Tosafot and the Rosh disagree entirely. (And I have a difficulty with the core of the matter: From where does he know that Rashi holds this? Perhaps Abba Binyamin was stringent upon himself, and it is possible that if it were permitted by the letter of the law he would not have been stringent as to not study? And also the Tosafot of R.I. wrote that Rashi, of blessed memory, used to act accordingly. And one should not raise a difficulty against Rashi from that which is stated, that one only stands to pray from amidst a settled halakha as it is brought (ibid. 31a), for that is a brief matter and there is no concern of continuation, and not a lengthy study. And now it is customary to study in any manner according to the opinion of the Tosafot and the Rosh. And also the Rambam did not mention anything of this.)

Even though we learned in Shabbat (9b): A person should not sit before the barber close to mincha until he prays, and he should not enter the bathhouse… – nevertheless, the Rambam in chapter six and the Shulchan Aruch in section 7 wrote that it is permitted to cut hair and to enter the bathhouse close to shacharit, for they only decreed close to mincha, which is a common occurrence. Thus far their words. And it follows that regarding all that we learned there: nor to a tannery, nor to eat, nor to judge – that aside from eating, they are permitted.

Even though the primary fulfillment of its mitzvah is with the sunrise, nevertheless, one who is under duress, such as one who needs to set out on a journey early—may pray from the time the dawn has risen. And he shall wait to recite Kriat Shema until its time arrives, which is from when he recognizes a friend with whom he is somewhat familiar at a distance of four amot and recognizes him, as I wrote in siman 58. And if he cannot delay in his house until this time, so that he could then recite Kriat Shema and pray, but is rather forced to leave beforehand—therefore, he shall pray in his house immediately after the dawn rises and go on his way, and when the time for Kriat Shema arrives, he shall recite it on the way, in a manner where it is possible for him to stand for the first verse and have intention in it, as I wrote there. And even though he will not join redemption to prayer in this manner, nevertheless, it is much better that he pray in his house while standing and not join redemption to prayer, than that he pray on the way at its proper time while he is walking and join redemption to prayer. Thus ruled the Tur and the Shulchan Aruch at the end of this siman.

And even though in siman 58 it was explained that in a time of pressing need one may recite Kriyat Shema from the rise of dawn, and if so, he should recite and pray before his departure on the journey – however, this is only when on the journey it will not be possible for him to recite even one verse with kavanah while standing, such as if he is departing to a place of troops of wild beasts and bandits. But here, he is departing on a journey that is not of danger, and therefore for Kriyat Shema it is better to recite it on the journey at its proper time, and he should stand for the first verse. But regarding prayer, which specifically must be entirely while standing, and this is impossible for him on the journey – they permitted him to pray not at the primary time, provided that he prays standing in his house, even though he will not join the blessing of redemption to the prayer (Beit Yosef and Bach).

And our custom is not so (Magen Avraham, subsection 16). And it is possible because regarding this there is a dispute in the Gemara (30a), and also in the Gemara there, there are those who said "we did not see them doing so." And we hold like the other Tanna, that he should go on his way, and on the way he should recite Keriat Shema and pray, and he should join Geulah to Tefillah. And even though he will pray while he is walking, nevertheless in such a case it is better that he join Geulah to Tefillah. Furthermore: for Rashi explained the reason that Tefillah while standing is preferable: so that he may intend properly. And nowadays we do not intend properly, and therefore it is better to pray on the way (ibid.). And know that one who sits in a wagon, and the wagon is moving – it is considered like walking regarding this (Gemara), and likewise in a ship. And it is simple that if he delays in his house until he can recognize his fellow at a distance of four cubits – he should recite Keriat Shema and pray (ibid.). And one should not ask: behold it was explained in section 20 that it is forbidden to set out on a journey before Tefillah. But it was already explained in section 22 that for a matter of a mitzvah it is permitted, or if the caravan does not wish to wait, or he has another constraint such that he is forced to set out. And furthermore it is a simple matter: if he is on the way and sees that the time for Keriat Shema will pass – he should recite Keriat Shema while he is walking, and he should stand for the first verse. And even without tefillin if it is impossible for him to don tefillin. And when he arrives at the inn he should recite Keriat Shema with its blessings and pray. And even though one should not recite Keriat Shema without tefillin, nevertheless in a place where it is impossible it is different.

It is brought in the Gemara there that Rava Ashi, on the Shabbat of the festival, would deliver the discourse at the light of the morning, and would pray during the time of the discourse while seated, and all the people would slip away and pray individually. And he would not delay the discourse until after the prayer, see there. And this was in their days, when they would teach the primary laws on the Shabbat of the festival and would reprove the people, and all their deeds were for the sake of Heaven. But nowadays, this law is not applicable (Magen Avraham ibid.).