Chapter 10: Erva- Davening or learning in face of immodesty[1]

1. The Biblical prohibition:[2]

It is Biblically forbidden for one to pray, say the Shema, or learn Torah, within the sight of the Erva, which is defined as human genitals.

The source in scripture: This prohibition is derived from the verse in Scripture “Vehayah Machanecha Kadosh Velo Yiraeh Ervas Davar.”

Sight of actual Erva- The laws regarding Davening or learning within view of genitals:[3]

2. Biblical prohibition of seeing Erva:

It is Biblically forbidden for one to pray or learn Torah within sight of human genitals.

Women: This prohibition applies to both men and women.

Thinking words of Torah while Erva is revealed: It is permitted to think words of Torah in view of the Erva as the prohibition only applies towards verbalizing the words of Torah. This applies whether one is in view of his own Erva or is in view of the Erva of another person. However, he may not fulfill his obligation of a blessing by hearing it said by someone else if he is in view of an Erva, as one who hears a blessing is considered to have verbalized it.

Rabbinical prohibition of heart seeing Erva: The Sages added that not only is it forbidden for one’s eyes to see the Erva during prayer or learning Torah, but it is even forbidden for one’s heart to see the Erva during prayer or learning Torah, as will be explained in B.

1. Type of genitalia under the prohibition:

One’s own versus another’s: The prohibition against seeing the genitals while praying or studying Torah applies whether one sees his own genitals, or sees the genitals of another.

Gender-Male versus female: The prohibition against seeing the genitals while praying or studying Torah applies to both men and women, and to the genitals of both men and women. Hence, it is forbidden for a man to learn Torah or pray if he’s in view of either a man’s genitals or a woman’s genitals, and it is forbidden for a woman to learn Torah or pray if she is in view of either a man’s genitals or a woman’s genitals.

Gentiles-Erva of a Gentile: The genitals of a gentile is considered Erva just like that of a Jew. Thus, it is forbidden for a man or woman to learn Torah or pray if he or she is in view of any human genitals, whether Jew or Gentile.

Age-Erva of a child/Katan: The genitals of a child, is not considered a Halachic Erva until the age of nine years old [for a boy and three years old for a girl]. Nonetheless, one is not to hold onto the Erva of a child while saying a blessing even if the child is a newborn.

Davening and Torah learning when one’s child is undressed: One may learn and Daven in the presence of an undressed daughter until she reaches age 3, after which one is prohibited from learning and Davening in her presence if she is undressed. Even prior to this age, one should avoid looking at her during the actual prayer or learning. By a boy, however, one has until age 9.

Animal-Erva of an animal: The genitals of an animal is not considered a Halachic Erva and one may thus learn Torah and Daven in view of it.

Pubic Hair: The pubic hair of a man is not considered an Erva, and one may thus pray and learn Torah within its view, [such as if hair is protruding from one’s zipper area].

1. Turning around, closing eyes:

Whenever an actual Erva is revealed, it does not help for the Erva to not be within his vision, such as to close his eyes, or to be in the dark, or even if one is blind, even in such a case it nevertheless remains forbidden for him to learn or Daven opposite the Erva. This applies even regarding another person’s Erva, and certainly by one’s own Erva of which we rule that it must always be covered during learning and Davening, even if one turns his face away. By another person’s Erva, one must turn to the side until the Erva is no longer opposite him, and only then may he learn and daven.

Covering one’s Erva: One’s Erva is Biblically required to be covered in all cases. This applies even if one covers his heart and closes his eyes, or turns his face away from his Erva, nevertheless the Erva must be covered while praying or learning Torah. The allowance to close one’s eyes and turn around is only applicable by another person’s Erva.

3. Libo Roeh Es Haerva-Separating between one’s heart and genitals by Davening and Torah learning:[4]

The Sages added that not only is it forbidden for one’s eyes to see the Erva [i.e. genitals] during prayer or Torah learning, but it is even forbidden for one’s heart to see the Erva during prayer or learning Torah. Meaning, that if there is no separation between the heart and one’s genitals, then it is forbidden to say Shema or learn Torah.

Under blanket: Thus, if a man is naked under his blanket, he may not say Shema or learn Torah until he makes a separation between his heart and genitals.

A nightgown: Likewise, if a man is wearing a male nightgown without any undergarments then he may not say Shema or learn Torah until he makes a separation between his heart and genitals.

Other limbs: The other limbs of the body, other than the heart, may see the Erva, as only the heart and eyes were prohibited. Thus, it is permitted for a person to pray or study Torah if his thighs or hand sees his Ervah.

Valid separating entities: The following are considered a valid form of separation between the heart and Erva:

• Pressing one’s hand over the blanket or nightgown in the area that is below one’s heart.
• Wearing pants.
• Wearing a belt.
• Embrace one’s body under the sheet: If one embraces one’s body while under the sheet by wrapping and pressing his arms under his chest, then it is a valid separation between his heart and genitals.

The above separations are only valid if one’s genitals are covered in a way that he cannot see them, otherwise it remains biblically forbidden to pray or study Torah as stated above. Thus, it does not suffice to press a cloth under one’s chest to separate between his heart and genitals, if his genitals remain uncovered.

In clean water, with chest above water: If one is naked inside water [such as a swimming pool, or river, or ocean] then if one’s heart is above the water, the water acts as a separation and one may learn Torah and say blessings.

In clean water, with chest within water: If one’s heart is within the water, then if the water is clear, one is required to cover his heart with a cloth. Using one’s hand to cover himself is not valid. However, if one embraces himself with both arms, then it is a valid separation.

In dirty water: If the water is dirty, then it is permitted to learn Torah and say blessings even if one’s heart is in water.

In putrid water: However, if the water smells putrid [or one is in an unclean area] then it is forbidden to learn or Daven. 

May one pray without a shirt? It is permitted to recite Shema without a shirt. However, it is forbidden to Daven Shemoneh Esrei without a shirt.

4. Genitals resting on skin and body:

Although there is no prohibition for one’s limbs, other than one’s eyes and heart, to see genitals, nonetheless it is forbidden to learn Torah or Daven when any limb touches the genitals. Thus, it is forbidden to pray or study Torah if the penis touches any part of one’s body, including one’s thigh. Thus, one needs the separation of a cloth between his thigh and the penis while learning Torah or Davening.

Testes: However, the testis may rest on the body while one learns Torah or Davens, even though the testis is also considered part of the Erva and must Biblically be covered. This applies whether by one’s own genitals or by another person’s genitals.

Immodesty-Men learning or Davening in view of the body of a woman:[5]

5. The general rule:

The Sages prohibited a man from learning Torah or Davening in the view of certain parts of a woman’s body, even if her genitals remains covered.

Wife: The above prohibition applies even against a husband seeing the body of his wife uncovered, and applies even during the days that she is pure.

1. The body parts:

General rule-normally covered parts of body: Any area of a woman’s body that is normally covered, is prohibited from being in a man’s view when he studies Torah or prays, if it is uncovered more than one Tefach [8 cm].

Face and arm, up until elbow: The face and the arms, up until the elbow, of a woman does not need to be covered if it is a normally uncovered area of the body, and hence one may Daven and learn Torah in its view.

Above elbow: It is forbidden to daven or learn in view of a woman that has one Tefach [8 cm] above her elbow revealed. This prohibition applies whether to the body of one’s wife or to a woman who is not one’s wife. This prohibition applies even in areas where women are accustomed to uncover these parts of the body. If less than a Tefach of the skin in this area is revealed, then there is no prohibition to pray or learn Torah in its view.

Thigh-Above knee: It is forbidden to daven or learn Torah in view of the skin of a woman from the area of the knees and above. Thus, it is forbidden to daven or learn Torah in view of a woman who is wearing a short skirt which shows her knees and the area above it. This prohibition applies by any amount of revealed skin, even if there is less than a Tefach of skin revealed from the knee and above. [This applies even in areas in which dressings this way is normal amongst the secular population.]

Legs: According to majority of Poskim, and the ruling of Admur, women and girls are required to cover their legs and feet with socks/stockings when out in public or in the presence of other men. Thus, according to majority of Poskim, and the ruling of Admur, it is forbidden for a man to learn Torah or Daven in the view of a legs or feet of a woman which are uncovered. Even those who are lenient to not cover the feet and/or legs, must cover it when in a community that is stringent.

Women is nursing:  When a woman is nursing her child with revealed breasts, a man must be careful not to look at her while learning or Davening. This applies even to one’s wife.

1. The hair of a woman:[6]

The hair of a woman is an Erva, and hence one may not learn Torah or Daven in view of the hair of a married woman [or widow or divorcee]. [This applies to even if only a single strand of hair of the head is revealed.]

Wife: This applies even to one’s own wife.

Gentile women: The hair of a gentile women is not an Erva.

A Besula-Single woman: One may learn and daven within sight of the hair of a Besula [a virgin who was never married]. [The same applies for a woman who was never married, even if she is a Beula. However, a widow or divorcee must cover her hair]

Sideburns: Some Poskim rule that the hair of the sideburns is not considered an ervah in those areas that it is common to reveal it. Other Poskim however rule that the hair of sideburns is considered an ervah and hence one may not Daven or learn in their view, with exception to one’s wife.

Sheital: A Sheital/wig is a valid head covering and one may learn Torah and Daven in view of a Sheital.

1. See through clothing and coverings:[7]

Glass interval: It is forbidden to learn or Daven in view of a woman whose above-mentioned areas of the body are revealed, even if there is glass separating between the women and oneself, and even if the woman is in a different room.

See-through clothing: If a woman is wearing sheer, see-through clothing, over the above-mentioned areas of the body which are required to be covered, then it is considered as if it is uncovered, and it remains forbidden to learn Torah or Daven if it is within one’s view.

1. Whose body:

From what age of a girl may a man not learn or Daven in view of her body? Some Poskim rule that starting from age three a girl is required to dress modestly, and it is thus forbidden for a man to Daven or learn Torah in her presence from age three and onwards if she is not modestly dressed. Other Poskim, however, rule the necessity of dressing modestly and the prohibition of learning Torah and Davening in her presence does not begin at age three but rather at a later age, when the girl’s body is developed enough to cause men to have attraction to them [i.e. age 6-7]. Nevertheless, even in their opinion, it is proper to educate a girl to dress modestly from age three. Practically, the Rebbe concludes like the former opinion that according to Halacha girls must be educated from age three in the laws of modesty.

Until what age may girls be present in the men’s side of the shul? Some write that one is to abstain girls from being present in the men’s section beginning from age three and onwards, even if they are dressed modestly. The Rebbe however writes that the prevalent custom [Maaseh Rav], based on the consensus of Gedolei Yisrael, is to permit young girls to come to shul with their fathers and join them in the men’s section [so long as they are dressed modestly]. This applies even if the girls are past the age of three, until they reach the age of Chinuch and understanding regarding this matter. From age three, it is forbidden for an immodestly dressed girl to be present in the men’s section.

May a man Daven or learn within sight of his daughter, sister or mother who is not fully dressed? It is forbidden for a man to learn Torah or pray or say a blessing within sight of an adult relative who has part of her body uncovered which must normally be covered due to Tznius. This includes all relatives, whether it be one’s mother, daughter, sister or wife. A girl is considered an adult in this regard when any of the signs of adulthood are present, whether age [11 years old], puberty [hair], or maturity [shame]. [Thus, if the legs/feet, upper arm , or chest of these women are viewable, he may not Daven or learn until he turns away.]

Children relatives: Some Poskim rule that it is permitted to learn Torah and Daven in view of a daughter [granddaughter, sister ] who is not modestly covered, if the girl is below the age of adulthood, as defined above [i.e. below age 11 and has not reached puberty or maturity].  Other Poskim however argue and rule it is forbidden to Daven and learn in view of the improperly clothed female relative just like any other girl.  [Accordingly, once a daughter or sister have reached the age of three and above one may no longer Daven or learn in their view when they are not properly covered.]

1. Turning around, closing eyes:

Not staring and turning around: In the event that one desires to learn or Daven and there is a woman present who has the above parts of her body revealed, it is disputed amongst the Poskim if it is necessary to turn one’s face away from the woman in order to be allowed to learn or Daven, or if so long as one is not staring [i.e. concentrating] at the uncovered areas of her body, then he may learn and Daven even if it is within his sight. Practically, one is to turn around, although in a time of need, he may rely on the lenient opinion that so long as he is not concentrating on the uncovered areas, he may learn and Daven.

Closing the eyes: According to the lenient opinion, it suffices for one to close the eyes and in a time of need one may rely on this.

Actual Erva-Genitals: The above leniency only applies when the body of a woman is not properly covered, as defined above. However, if an actual Erva [of a man or woman] is revealed, it does not help for the Erva to not be within his vision, such as to close his eyes, or if he is the dark, or even if he is blind, and even in such a case it nevertheless remains forbidden for him to learn or Daven opposite the Erva. This applies whether by one’s own Erva or by another person’s Erva. One must rather turn to the side until the Erva is no longer opposite him, and only then may he learn and daven. 

6. Kol Isha-Hearing the voice of a woman during learning or Davening:[8]

The singing voice of a woman is [Rabbinically] an Erva. Thus, it is therefore [Rabbinically] forbidden for a man to recite Kerias Shema, or Daven, or recite words of Torah while hearing it.

Who? This prohibition applies whether she is single or married, and even towards the voice of one’s own wife [even while she is pure]. [This applies to woman of all ages, whether old or young, and to women of all levels of attraction.]

Voice of speech: The voice of a woman’s speech is not an Erva, even if she is married. One may hence learn and Daven even while hearing her speaking voice.

If one can focus despite the singing: Even by the singing voice of a woman, if one is able to concentrate on his prayer to the point that he does not even consciously hear or pay attention to her voice, then it is permitted [to learn and Daven while hearing it]. [Thus, if one hears singing and is unable to stop it, he is to strengthen his concentration and ignore the singing in order so he is able to learn/Daven.]

If one recited Shema or Davened Shemoneh Esrei while hearing the singing of a woman, must he repeat the prayer? Some Poskim rule he fulfills his obligation and is not required to repeat the prayer.

May a man Davening or learn if he can hear the recording of a woman singing? Some Poskim rule it is permitted to hear a woman sing through a radio or recording if he does not know what she looks like. Other Poskim rule it is permitted even if he knows what she looks like. Other Poskim rule it is forbidden to hear her voice in all cases, even if he does not know what she looks like. Practically, so is the final ruling. Accordingly, one is not to Daven or learn when one can hear a woman sing even through a tape or radio unless he is able to remove his mind from the singing. 

May a man Daven or learn Torah while hearing his daughter, sister, or mother singing, or Davening out loud in a song? It is debated amongst the Poskim as to whether there is a prohibition to Daven or learn Torah while hearing one’s mother, daughter, or sister singing. Practically, if one’s thoughts are disturbed by their singing voice then one is not to do so, especially if it is a sister above age 11. If, however, one can completely ignore their voice and concentrate on their Davening as if they are not present, then one may Daven while hearing their singing, especially if it is one’s mother, or sister or daughter below age 11.

7. Laws of Erva that apply towards women:[9]

Uncovered Erva: A woman who is standing may not Daven or learn Torah with uncovered genitals. If, however, she is sitting, it is permitted for her to learn and Daven.

Liba Roah Es Haerva-May a woman’s heart see her Ervah? Some say women do not need a separation between their heart and genitals. Accordingly, a woman may Daven or learn Torah if she is wearing a robe or sheet over her body, even if she is not wearing any undergarments. 

Another women’s body: It is permitted for a woman to Daven and learn Torah in view of the unclothed body of another woman, so long as she does not have view of her genitals, such as if the woman is sitting. Some Poskim, however, rule that a woman may not learn Torah or pray in the presence of another woman who is naked, even if the woman is sitting.  Practically, the main opinion follows the lenient approach. If the woman is standing, then according to all it is forbidden for her to pray or learn Torah.

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[1] See Shulchan Aruch Chapters 73-75 [Admur, Michaber, Kaf Hachaim, and Piskeiy Teshuvos]; Chayeh Adam Kelal 4; Kitzur SHU”A 5; Ketzos Hashulchan Chapter 9; Ishei Yisrael Chapters 55; Tefila Kehilchasa Chapter 2:23-26

[2] See Admur 74:1; Ketzos Hashulchan 10:1

[3] See Admur 73; 74:1-6; 75:5-10; 91:1; Ketzos Hashulchan 9:1-8

[4] See Admur 74:1-3; Kitzur SHU”A ibid; Ketzos Hashulchan 9:2

[5] See Admur 75:1, 8-9; Tzemach Tzedek 1:139; Ketzos Hashulchan 9:3-6

[6] Admur 75:4; Michaber E.H. 21:2; Ketzos Hashulchan 9:4; Rambam Issurei Biya 21:17; Tzemach Tzedek Even Haezer 139:2

[7] Admur 75:3 and 8; Ketzos Hashulchan 9:5

[8] Admur 75:6; Ketzos Hashulchan 9:7

[9] Admur 74:5; 75:2; Ketzos Hashulchan 9:9