Introduction

The Gemara (Berachos 25b and Shabbos 150a) explains that the verse (Devarim 23:15) וְלֹא יִרְאֶה בְךָ עֶרְוַת דָּבָר – “[Hashem] shall not see a shameful thing among you” teaches that one may not recite a davar shebekudashah (a matter of sanctity) within the presence of unconcealed ervah,327 which is the halachic term used to refer to the human reproductive organs and their surrounding area. Some examples of devarim shebekudashah include Kerias Shema, tefillah, and speaking words of Torah.328 Chazal329 expanded this prohibition, and forbade one to recite devarim shebekudashah should any part of the body that is normally covered be visible. This is referred to as tefach meguleh (an exposed tefach330).

I. The Presence of Ervah

A davar shebekudashah may not be recited within the presence of the ervah of one’s own body, nor may it be recited in the presence of the ervah of another person, whether Jew or non-Jew.331 Specifically, this includes any male above the age of nine,332 and any female333 above the age of three.334

The halachah considers three scenarios to be “within the presence” of ervah.335

1. One who can visibly see ervah, whether that of their own body, or that of another person.

2. One whose heart is in proximity to ervah,336 (whether their own or that of another person337) even when the ervah is covered, termed לִבּוֹ רוֹאֶה אֶת הָעֶרְוָה – “his heart sees the ervah.”338 An example of this is one wearing only a long nightgown or hospital gown that covers the ervah but is wearing nothing (for example a belt, or the underwear waistband) serving as a partition between his heart and this part of the body. Another example is one standing in a mikveh, in a manner that only his head is above the water.339

The Poskim disagree whether the issue of לִבּוֹ רוֹאֶה אֶת הָעֶרְוָה is one that is relevant to a woman, and the accepted halachah is in accordance with the opinion maintaining that it is not a problem. It is preferable, however, that a woman nevertheless not recite a davar shebekudashah, for example a berachah, without first creating a partition between her heart and ervah, such as by placing her folded arms upon her body.340

3. A situation in which one’s own ervah is uncovered, even when not visible to him, and there is a partition between this area and his heart. For example, one whose ervah is uncovered may not recite a davar shebekudashah even if he were to be wearing a belt, and blindfold himself.341

Although reciting devarim shebekudashah is forbidden in all of these scenarios, a difference arises in a situation of bedieved, where one recited Kerias Shema, or davened, in the presence of ervah. If these devarim shebekudashah were said in a scenario where the ervah was visible (scenarios 1 and 3), they must be repeated.342 If, however, a davar shebikedushah was recited in a scenario where the ervah was not actually visible, but was in proximity to his heart without appropriate separation, the halachah varies depending in different devarim shebekudashah. Kerias Shema (and its accompanying berachos) must be repeated. Shemoneh Esrei, however, need not be said again.343

It is forbidden to recite devarim shebekudashah when ervah (or tefach meguleh) is visible in any manner. This includes:

1. When the ervah is in a different domain.344
2. When it is behind glass or another transparent cover.345
3. When the ervah is visible via a mirror.346

327 See Aruch Hashulchan (74:1-2) for an explanation of Chazal’s extrapolation of this halachah from this verse.

328 Magen Avraham 85:2; Beiur Halachah’s introduction to Chapter 74.

329 Berachos 24a. Berachos 24a, as explained by Shulchan Aruch Harav (73:1) and Chazon Ish (16:8). Cf. Nishmas Adam 4:1, who suggests that this may be included in the Biblical prohibition. See also Mishnah Berurah 75:1,5.

330 A tefach is a basic unit of halachic measurement measuring four etzba’os (fingerbreadths). Its equivalent in contemporary measurements ranges between 3.1–4 inches/8–10.2 cm, approximately.

331 Shulchan Aruch 75:4.

332 Rema ad loc. with Mishnah Berurah 23.

333 See Rema 74:4 with Mishnah Berurah 16.

334 Rema 75:4 with Mishnah Berurah 23.

335 See Beiur Halachah, Introduction to 74.

336 Shulchan Aruch 74:1.

337 Rema 74:1, with Mishnah Berurah 6.

338 Mishnah Berurah 74:1.

339 See Mishnah Berurah 74:16.

340 Shulchan Aruch 74:4 with Mishnah Berurah ibid.

341 Mishnah Berurah 74:4.

342 Mishnah Berurah 74:5.

343 Mishnah Berurah ibid. as explained by Halichos Shlomo, Tefillah, 20:10, Devar Halachah 19.

344 Based on Mishnah Berurah 75:29.

345 Shulchan Aruch 75:5 and Mishnah Berurah 25. One who recited Kerias Shema under these circumstances must recite it a second time (Mishnah Berurah 26). Cf. Kaf Hachaim (75:38), who rules that bedieved one fulfilled their obligation.

346 Chazon Ish cited in Orchos Rabbeinu I (5774 ed.), Kerias Shema 19 (p. 100). Cf. Salmas Chaim (Machon Keren Re’eim ed.) Even Ha’ezer 75.