Who is obligated in the Mitzvah of Davening?[1]

Women:

See Chapter 46 for all the details of the prayers that women are obligated or exempt from!

Praying in times of need:[2] Women are Biblically obligated to pray to Hashem in a time of distress or need [just like men].[3] 

Shemoneh Esrei of Shacharis and Mincha:[4] According to all opinions, women are obligated to pray to G-d at least once a day. However, it is disputed amongst the Poskim as to whether women are obligated to Daven Shemoneh Esrei of Shachris and Mincha. Some Poskim[5] rule that daily prayer, irrelevant of time or dialect or amount, is a Biblical obligation [even if one is not in need]. Accordingly, women are Biblically obligated to pray daily.[6] Nevertheless, precisely due to this opinion, majority of women are not accustomed to Daven Shemoneh Esrei by Shacharis and Mincha on a constant daily basis and rather they suffice with saying a request from Hashem of their choosing immediately upon awakening in the morning, in proximity to the daily washing.[7] It is possible according to this viewpoint that the Sages never obligated them to pray the set prayers of Shacharis and Mincha.[8] However, other Poskim[9] rule there is no Biblical obligation to Daven each day and rather the main Mitzvah of prayer is a Rabbinical obligation, having been established by the Anshei Kneses Hagedola. Now, they established for one to say 18 blessings in the correct order, and that it is obligatory to say it in the morning and by Mincha, and voluntary to say it by night. Accordingly, women are obligated to Daven daily Shemoneh Esrei of Shacharis and Mincha.[10] Practically, the main ruling follows the latter opinion [and women are obligated to Daven daily Shemoneh Esrei of Shacharis and Mincha].[11] However, they are exempt from Davening Maariv.[12]

Kerias Shema:[13] Women are exempt from reading the Shema, although are nonetheless to read the first verse of Shema to accept upon themselves the yoke of heaven. If they wish, they may recite the Shema with its blessings and so is the initial custom.

Zechiras Yetzias Mitzrayim:[14] Women are obligated to remember the exodus daily just like men.[15]

Birchas Shema:[16] Women are exempt from reciting the before blessings of Shema, although are obligated to recite the blessing of Emes Veyatziv, until Goal Yisrael, which is recited after the Shema in order to remember the exodus which is a Biblical obligation. If they wish, they may recite the Shema with all of its blessings and so is the initial custom.

Children:

See chapter 47 for all the details of the prayers that children are obligated or exempt from!

Personal prayers-Educating children to Daven to Hashem for things that they want: It is important that parents and educators educate children even from a young age to direct their prayers to G-d, and that G-d listens to their prayers and that they should be encouraged to request from G-d daily for things that they want the need, in addition to the regular Davening.

Shema:[17] Once a child has reached the age of Chinuch, it is proper to educate him in the saying of Kerias Shema and its blessings both by day and night. Accordingly, it is proper for a father to make sure that his son recites the morning Shema before Sof Zman Kerias Shema, and that he Davens the entire Maariv, from when he reaches the age of Chinuch.

Shemoneh Esrei of Shacharis, Mincha, and Maariv:[18]  Children who are above the age of Chinuch [i.e. 6-7 years old] are obligated to be educated to pray Shemoneh Esrei both by evening [i.e. Mincha and Maariv] and morning [i.e. Shacharis]. This law is only in reference to the prayer of Shemoneh Esrei, however, whether children are obligated or exempt from the other prayers which are added to Shacharis, such as Pesukei Dezimra and Shema and its blessings, will be explained each in their area.

Gentiles:[19]

Gentiles are not commanded in the mitzvah to pray to G-d, although may choose to do so, and are considered to fulfill an un-commanded mitzvah when doing so.

Reshaim:[20]

Even Reshaim are obligated to Daven.

Baal Keri:[21]

See chapter 7 Halacha 9 for the full details of this matter!

It is permitted for a Bal Keri to Daven after cleaning the semen off from his body. However, so long as he still has semen on his [body or outer clothing] it is forbidden for him to Daven. [It is not obligatory for one to immerse in a Mikveh before Davening. Nonetheless, some meticulous individuals would wash their lower halves of the body in the morning prior to Davening. Furthermore, it is customary of Chassidim to immerse in a Mikveh prior to saying blessings, Davening, or performing Mitzvos, if one is a Bal Keri.  However, if there is no Mikveh available, then certainly one should not nullify the Mitzvah of Davening due to this. In such a case, one can simply take a shower in place of going to Mikveh, prior to Davening

The original decree: All those who are impure, including due to if the impurity is being expelled from their body such as a Zav, Zavah and the like, may read Kerias Shema and Daven [Shemoneh Esrei, even without immersing in a Mikveh beforehand].[22] This, however, is with exception to a Baal Keri, of which Ezra [the Sofer] instituted to exclude from the above group of impure people [who may Daven and learn without immersion] and prohibited a Baal Keri from learning Torah [whether written or oral, including Gemara and Halacha[23]] or reading Kerias Shema or Davening [Shemoneh Esrei, until he immersed in a Mikveh].[24] The reason for this institution was so Torah scholars abstain from being intimate with their wives on a constant basis like chickens.[25]

The abolishment of the decree and the ruling today: The above institution of Ezra [the scribe] did not become accepted amongst the majority of the Jewish people [in his days].[26] This [later] led to the complete nullification of this institution, in order to prevent it from leading to Bittul Torah and to prevent it from causing a nullification of the Mitzvah of Peru Urevu.[27] Due to these reasons [the sages] reverted to the original law that even a Baal Keri may learn Torah or read Kerias Shema or Daven [Shemoneh Esrei] without immersing beforehand and without requiring him to bathe himself with nine Kavim of water.[28] Practically, so is the widespread custom to not be particular in this matter. (Accordingly, a man immersing [to purify himself] from a seminal discharge is not even a complete Rabbinical obligation.[29]) [Nonetheless, although this is the final ruling[30], there are many Poskim[31] who are stringent in this matter and rule but even today there remains an obligation to immerse from the state of Keri prior to Davening, and the abolishment of the decree was only in regards to being allowed to study Torah prior to immersion. Furthermore, according to the ruling of Kabbalah, Tevilas Ezra remains an obligation even today.[32] Furthermore, according to all purifying oneself from the state of Keri assists want to attain levels of purity, and elevates his prayer.[33]]

The custom of Chassidim and Anshei Maaseh: Despite the above letter of the law ruling, it is the custom of Chassidim and Anshei Maaseh to be very particular in Tevilas Ezra and to make sure to immerse in the morning prior to prayer if one is a Baal Keri.[34] Indeed the Rambam testifies of himself that he never nullified this immersion of Tevilas Ezra.[35]

One who is unclothed:

One may not Daven Shemoneh Esrei if his chest is revealed. See chapter 8 Halacha 2 for the full details of this matter!

Bowel issues; diarrhea; flatulence:

If a person is very gassy, then it is better that he does not daven Shacharis Shemoneh Esrei in this state and he is to rather Daven Tashlumin of Shacharis after Mincha. See chapter 7 Halacha 6 for the full details of this matter!

May one who is attached to a catheter Daven? Yes. It is Mutar to Daven, wear Tefillin, learn Torah etc while attached to a catheter, being that the urine is covered. It is best for the urine bag to also be covered.

Sick:[36]

One who is sick to the point that he cannot concentrate at all on his prayer, is exempt from praying although he is still to recite at the very least the first verse of the Shema. If he cannot manage to tilt completely to his side due to his sickness or weakness, then he may recite the Shema while tilting slightly to his side. A sick person may Daven Shemoneh Esrei in a sitting position.

Onen:

The Onen is exempt from reading the Shema [in morning or evening] and is exempt from Davening. Furthermore, even if the Onen desires to be stringent upon himself and read Shema, it is Rabbinically forbidden for him to do so. See chapter 48 Halacha 1 for the full details of this matter!

Avel/Mourner:

A mourner is obligated in prayer just like any other person. See chapter 48 for the full details of this matter!

One who is in the midst of a Mitzvah:[37]

Anyone who is actively involved in a Mitzvah is exempt from Davening. This applies even towards the Shema, that if one is doing a Mitzvah during the time of Kerias Shema then he is not obligated to stop in order to recite it or Tefila. This applies even if the time of Shema and Tefila will pass. However, initially, it is forbidden for them to begin the Mitzvah near the time that Kerias Shema arrives. Now, if he is able to perform both Mitzvos simultaneously, without any trouble or effort, then it is best to do so and fulfill both Mitzvos.

One who is learning Torah:[38] One who is learning Torah remains obligated to say Shema and Daven. In today’s times, this applies even for someone who is defined as Toraso Umenaso. However, if he is in the midst of teaching Torah to others, then he is only required to stop for the saying of the Shema, and is not required to stop to Daven even if the time of prayer will pass.

One who is involved in matters on behalf of the public:[39] Anyone who is involved in performing an activity for the sake of the public is exempt from Shema and Davening. Nonetheless, in today’s times, even one was involved in public activity is to stop for the sake of saying the Shema, unless the activity itself involves a mitzvah such as to save the public from a monetary loss in which case he can suffice with simply reading the first verse of Shema and Baruch Sheim.

Chasan/wedding:[40]

In today’s times, the Chasan is obligated to Daven during Sheva Brachos, just like on any other day of the year. The custom today is for the Chasan and relatives to stop and Daven and wear Tefillin as usual on the morning after the wedding, even if they are still in the midst of the celebration meal.

Drunk:

It is forbidden for someone who is drunk to Daven Shemoneh Esrei until he becomes sober. See chapter 6 Halacha 2 for the full details of this matter!

Traveling:

One who is traveling remains obligated in prayer. However, in certain circumstances, he is only required to recite an abridged prayer, as explained in chapter 27 Halacha 8B.

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[1] See Admur 106:1-4 and 70:1-5; Admur 101:5; Kaf Hachaim 70 and 106; Piskeiy Teshuvos 70 and 106; Tefila Kehilchasa 1:8-35

[2] See Admur 106:1

[3] The reason: As prayer is a positive command that is not dependent on time, as only the times of prayer is Rabbinical while the main Mitzvah of prayer is Biblical. This is learned from the verse “Uliavdo Bechol Levavchem:And you shall serve Him with all your heart”, and what service is in the heart, prayer.

[4] Admur 106:2

[5] 1^st opinion in Admur 106:2; Rambam

[6] The reason: As prayer is a positive command that is not dependent on time, as only the times of prayer is Rabbinical while the main Mitzvah of prayer is Biblical. This is learned from the verse “Uliavdo Bechol Levavchem:And you shall serve Him with all your heart”, and what service is in the heart, prayer. [Admur ibid] Thus prayer is not a time dependent command, and there is no clause under which women can be exempted under.

[7] Admur ibid; M”A 106:2; M”B 106:4; See P”M 106 A”A 2

The reason: This request suffices to fulfill their Biblical obligation being that the Biblical obligation of prayer does not carry any specific dialect or time. Furthermore, it is possible that even the Sages did not obligate them to Daven any further. [Admur ibid; M”A ibid] The explanation is as follows: The Biblical command of prayer is not time dependent and hence applicable to women. However the Rabbinical aspect of prayer, which is the amount and times is not applicable to women being it is time dependent. [P”M ibid]

[8] Admur ibid; M”A ibid

[9] 2nd opinion in Admur 106:2; M”A 106:2 that so rule majority of Rishonim; Ramban in Hasagos Sefer Hamitzvos 5; Rashi Brachos

[10] Admur ibid

The reason: Although according to this opinion, Davening Shacharis and Mincha is a time dependent positive Rabbinical command of which women are exempt from fulfilling, as they are exempt from all time dependent positive commands even if Rabbinical, such as Hallel and Kiddush Levana, nevertheless, the Sages obligated them to Daven Shacharis and Mincha being that prayer is a request of mercy. [Admur ibid]

[11] Admur ibid and 101:5 and 47:10; M”A ibid in name of Poskim

[12] The reason: As the prayer of Maariv was initially established as a voluntary prayer. Now, although the Jewish people have accepted this prayer upon themselves as an obligation, nevertheless the women have not accepted this prayer upon themselves and majority of them do not Daven Maariv [even] on Motzei Shabbos. [Admur ibid]

[13] Admur 70:1; 106:2

[14] Admur 70:1; M”A 70:1; M”B 70:2; Siddur Beis Oved; See Kaf Hachaim 70:1

Other opinions: Some Poskim rule that women are Biblically exempt from the Mitzvah of remembering the exodus daily. [P”M 70 A”A 1 that they are only Rabbinically obligated; Shagas Aryeh 12; Aruch Hashulchan 70:4; Beis Yitzchak 12; Shut Rav Akiva Eiger 5; See Piskeiy Teshuvos 70:1 footnote 4]

[15] The reason: As it is not a time-dependent command being that the obligation applies daily by night and day. [Admur ibid]

[16] See Admur 70:1; Piskeiy Teshuvos 70:1

[17] Admur 70:2

[18] See Admur 106:1-4 and 70:1-5; Kaf Hachaim 70 and 106; Piskeiy Teshuvos 70 and 106; Tefila Kehilchasa 1:8-35

[19] See Igros Moshe O.C. 2:25; Tefila Kehilchasa 1:8

[20] Derech Mitzvosecha Shoresh Mitzvah Hatefila 1

[21] See Admur 88:1

Saying a blessing for Tevilas Ezra: See Encylopedia Talmudit 18 Erech Tevila p. 422 in length for a debate in Rishonim and Poskim if a blessing may be recited by Tevilas Ezra even today after it has become nullified. Practically, we do not do so.

[22] Admur ibid; Michaber 88:1; Tur 88:1; Rambam Kerias Shema 4:8 and Tefila 4:4; Mishneh Brachos 26a and Rif and Rosh 3:58

[23] Siddur Yaavetz Hanhagas Haboker Seder Baal Keri 5; See Brachos 22a and Encyclopedia Talmudit Vol. 4 Erech Baal Keri p. 141

[24] Admur ibid; Michaber ibid; Rambam ibid; Bava Kama 82b [Torah learning]; Brachos 20b-21a [Prayer and Kerias Shema]

When was the decree against Davening made: See Bava Kama ibid who mentions only Torah learning in the decree of Ezra. Rambam Tefila 4:4 indeed explains that Ezra only prohibited Torah learning and only later did the Beis Din who came after him extend the prohibition even to Davening. However, see Bach 88:1 who writes that Ezra is the one who established the decree against both Torah learning and Davening, and so can be implied from the wording of Admur ibid [although possibly he hints in his wording to the approach of the Rambam] See Kesef Mishneh on Rambam ibid who questions this statement of the Rambam, stating that a) The original decree against learning Torah also includes Davening and hence there is no need for a new Beis Din to remake this decree and b) we find no source for such a statement that a later Beis Din came and extended it to Tefila. The Kesef Mishneh attempts to answer that perhaps the Rambam means to say that a later Beis Din uprooted the decree from Torah learning and it only remain regarding Davening.

[25] Admur ibid; Michaber ibid; Rambam Tefila 4:5; Brachos 22a

[26] Admur Rambam ibid and ibid

[27] Admur ibid; 613:19 “In today’s times that Takanas Ezra became nullified”; Michaber ibid; M”A 88:1; Ittur; Kol Bo; Shiltei Giborim; Rav Nachman Bar Yitzchak and Zeiri Brachos ibid; See Encyclopedia Talmudit Vol. 4 Erech Baal Keri p. 146

[28] Admur ibid; Michaber ibid; Tur ibid; Rambam Tefila 4:5; Yerushalmi Yuma 8:1; 1^st opinion in Rif Brachos ibid and Eshkol 1:22; Bahag Brachos 3; Baal Haittur in name of Rav Amram and RavTzemahc Gaon; See Encyclopedia Talmudit Vol. 4 Erech Baal Keri p. 145 footnote 276

[29] Admur 326:7; Machatzis Hashekel on M”A 326:8; M”B 326:24; Vetzaruch Iyun if this is a retraction or contradiction of Admur 88:1 which implies that there is no obligation at all, and thus the wording of not a complete Rabbinical obligation is not accurate.

[30] As rules Admur, Michaber and Tur; See Mishmeres Shalom 2:1 that their ruling was written with Ruach Hakodesh as Mikvaos were not available and it would have caused Jews to avoid Davening and learning Torah and Peru Urevu

[31] Rav Haiy Gaon; Rabbeinu Channanel Brachos 22a; Rabbeinu Yonah Brachos 22a; Rosh Brachos 22a; Or Zarua 1:117; Haiggur 132; Sefer Hayashar of Rabbeinu Tam 391; Tosafus Chulin 192b; Hamanhig Yom Kippur 72; Piskeiy Harid Brachos ibid; Maharam Merothenberg 221; Tosafus Rebbe Yehuda Hachassid Brachos ibid; Rokeiach 321; Haeshkol 1:22; Orchos Chaim Tefila 32; Sefer Hameoros Pesachim 7a; Siddur Yaavetz Hanhagas Haboker Seder Baal Keri 5; Likkutei Torah Parshas Savo p. 43 in name of Rif and Talmidei Rabbeinu Yonah in name of Rav Haiy Gaon that the abolishment of Tevilas Ezra was only said regarding Torah learning and not prayer; Igros Kodesh 8:153; See Divrei Yatziv 1:55 who suggests based on Rishonim that today that we have clean Mikvaos easily accessible everywhere, that it should be considered an actual obligation; See also Shevet Halevi 5:15; See Encyclopedia Talmudit Vol. 4 Erech Baal Keri p. 145 footnote 270

[32] Shaar Hakavanos Shaar Vav “After Tashmish the immersion is a must”; Torah Or Megilas Esther p. 92 “Zivug requires Tevila afterwards”

[33] See Sefer Chassidim 73; Reishis Chochmah Ahavah 11; Likkutei Torah Parshas Savo p. 43; Hisvadyus 27:92; Igros Kodesh 9:259; 27:430

[34] Rambam Tefila 4:6 that so is widespread custom in Shinar and Spain to not Daven until one immerses; Maggid Meisharim Parshas Behar in instruction of the Maggid to the Beis Yosef that “you should never nullify Tevials Ezra”; Shelah Miseches Tamid 31; Kaf Hachaim Falagi 4::1; Ben Ish Chaiy Vayeira 2 in end; Shoel Umeishiv Telisa 1:123; M”B 88:4; Kaf Hachaim 76:21; 88:5; Piskeiy Teshuvos 88 footnote 7 in name of Chofetz Chaim; Shevet Halevi 5:15; Teshuvos Vehanhagos 4:89; Betzel Hachochma 5:23; Shevet Halevi 6:28 that today no one should be lenient in this if they live in communities with Mikvaos; Lehoros Nasan 4:31; Teshuvos Vehanhagos 4:89; Koveitz Teshuvos 1:39; See Divrei Yatziv 1:55 who suggests based on Rishonim that today that we have clean Mikvaos easily accessible everywhere, that it should be considered an actual obligation; Piskeiy Teshuvos 88:1; See Avnei Nezer Y.D. 264; Moadim Uzmanim 7:1117; Teshuvos Vehanhagos 4:34;

[35] Igeres Harambam [shilat] 436, brought in Talmidei Rabbeinu Yonah Brachos 13b and Beir Heiytiv 88:1 and Shelah ibid; Igros Kodesh 9:259

[36] Tefila Kehilchasa 1:31

[37] See Admur 70:3; Kaf Hachaim 70; Piskeiy Teshuvos 70; Tefila Kehilchasa 1:24-27

[38] See Admur 38:9 and 106:4; Tefila Kehilchasa 1:22-24

[39] See Admur 70:4; Tefila Kehilchasa 1:28-

[40] See Admur 38:7; Michaber 38:8; Sukkah 26a; Tefila Kehilchasa 1:24