Shulchan Aruch: Chapter 63 - [License] to Sit During Recitation of Shema, but not to Sleep

SECTION 63 [The License] to Sit During the Recitation of the Shema, but not to Sleep. (1–10)

1 A person may recite the Shema in whatever position he is, whether standing, sitting, lying down, walking, or riding on an animal, as implied by the phrase,1 “and while you are walking on [your] way.” If so, why does the verse state, “when you lie down and when you rise”? [To teach that the Shema must be recited] at the time people lie down and rise.2

Nevertheless, it is forbidden to recite the Shema when lying flat3 — either face down or on one’s back — even if one is lying in a manner which is not prohibited lest he develop an erection, e.g., even if he is tilted slightly on his side. Rather, he must turn on his side entirely. [Otherwise it is forbidden to recite the Shema,] because one would be accepting the sovereignty of Heaven in a lordly and arrogant manner. [An exception is made if] he is obese and cannot turn on his side or if he is sick.

Some authorities maintain that license was not granted [to recite the Shema lying down] even when one is lying on his side except when lying undressed under his sheet, because [the Sages] did not trouble him to rise and get dressed. [Otherwise, one must recite it sitting or standing.] The halachah follows the first opinion.

2 A person who is sitting, but desires to be stringent with himself and stand so that he will recite [the Shema] standing is called a transgressor, for he violates the words of the Sages. Though [this] is one of the positions in which the Sages permitted one to read the Shema, their interpretation [of the relevant verse] sees no superiority whatsoever in standing over sitting. For by saying “when you rise,” the verse does not at all speak about standing but about the time one rises. [Hence, by] being stringent and standing, one would make it appear that the Sages’ words and their interpretation of the verse are of no concern to him. [For this,] he is deserving of death [by the hand of Heaven].4

This does not at all resemble other stringencies that we observe for a particular reason even though the Sages ruled leniently. For [in those instances,] even the Sages would agree that there is a superior quality in the stringency because of the [given] reason; it is only that they did not desire [to impose] that stringency.5

3 To whom does the above apply? To a person who was sitting and then stands. If, by contrast, a person was walking and wished to stand still and recite all three passages of the Shema so that he could concentrate effectively, he is permitted [to do so]. [Indeed,] may blessings light upon him — for he is standing only in order to [increase his] concentration, whereas a person who is sitting is able to concentrate as effectively as one who stands.

Accordingly, those whose custom on Yom Kippur is to say Baruch shem kevod malchuso leolam vaed while standing are permitted to do so when they reach the recitation of the Shema.6 Though one could concentrate [equally] while sitting [he is permitted to stand], because what motivates him is not the obligation of reciting the Shema, but [the holiness of] the day.

4 If a person wished to recite all three passages of the Shema while walking, he may do so, except for the first verse;7 he must stop walking and stand (or sit) and [then] recite it, in order to concentrate properly. The same applies to a person riding on an animal. He must bring it to a halt [for the recitation of this verse], because he cannot concentrate as well while preoccupied with its progress. If, however, he is sitting in a wagon, he need not bring it to a halt.8

5 Even though the initial and preferred option is that one concentrate [while reciting] all three passages, the basic [requirement for] concentration relates to the first verse, which expresses one’s acceptance of the Kingdom of Heaven.9 It also relates to Baruch shem kevod malchuso leolam vaed, for this, too, expresses one’s acceptance of the Kingdom of Heaven. By contrast, the text from VeAhavta onwards is expressed as a command.10

Accordingly, if a person recited the Shema but did not concentrate for the first verse or for Baruch shem kevod malchuso leolam vaed, he must go back and recite them again. Certain authorities maintain that [after the fact, one has fulfilled his obligation even if he performed a mitzvah] without concentration. In this instance, however, even they agree that if one did not concentrate he has not fulfilled his Scriptural obligation, as explained in sec. 60[:5].

When a person [in such a situation] recites the verse Shema Yisrael a second time, he should read it in a hushed tone if he is [praying] with a congregation, so that he not appear to be accepting two authorities.11 If he did not realize that he had not paid attention until he completed the entire passage, he should go back to its beginning. [The first verse] cannot be recited at the point at which he made his realization, for if so he would be reciting [the passage] in incorrect sequence and hence would not fulfill his obligation, as will be explained in sec. 64[:1].

6 If a person was sleeping, we cause him discomfort and rouse him until he has recited the first verse while completely awake so that he can concentrate.12 From this point onward, we do not cause him discomfort so that he will be able to recite while completely awake, for even if he recites it while dozing off, he has [after the fact] fulfilled his obligation. Though by initial preference one is required to concentrate throughout the entire [recitation], we do not trouble him and cause him discomfort because of this, for he is falling asleep against his will. We do, however, cause him discomfort until he recites the entire [Shema] while enunciating the words.

The above applies not only to falling asleep against one’s will, but likewise to any other unavoidable factor that prevents one from concentrating from VeAhavta onwards. We do not trouble him to concentrate because the obstacle is beyond his control.13

7 While a person is reciting the Shema, he should not wink to a friend, make motions with his lips, nor point with his fingers, even for the sake of a mitzvah.14 [To one who] does this, [the Sages apply the verse],15 “It was not Me that you called, O Yaakov...,” because it appears that he is reading casually — whereas the Torah states,16 “And you shall speak of [these words],” which the Sages17 understood as implying, “Do this in earnest.”18

To what does the above apply? To the first passage. Since it begins with the acceptance of the sovereignty of Heaven, [the Sages] required that one treat it in earnest. From this point onward, it is permitted to [make gestures] when this is required to some extent for a mitzvah,19 i.e., in a situation resembling the incident17 in which a student was reviewing a mishnah in the presence of his teacher while the latter was reciting the second passage of the Shema. When the student erred and read “Zechariah ben Kapotal,” his teacher motioned [that he should correct himself and] read “Kabotal.”

8 If one was involved in his work and wished to recite the Shema, he should pause from his work until he has read the first passage of the Shema20 so that he not be reciting it casually. [This applies] even when he is able to concentrate.

9 Craftsmen, and similarly their employer, who are working at the top of a tree or at the top row of a building, may read the Shema in that place. They are not required to climb down. Nevertheless, they must pause from their work while [reciting] the first passage, as explained [above].

10 A porter may recite the Shema even though his burden is on his shoulder, because he is able to concentrate.21 However, he should not begin [its recitation] while he is loading or unloading his burden, because [then] his mind is not at ease.