Is tefilla a mitzvah deoraisa or derabanon?
ומנא לן דבתפלה דתניא (דברים יא, יג) לאהבה את ה' אלהיכם ולעבדו בכל לבבכם איזו היא עבודה שהיא בלב הוי אומר זו תפלה וכתיב בתריה (דברים יא, יד) ונתתי מטר ארצכם בעתו יורה ומלקוש
Mishnah: When is the time, one should begin to mention “the Power of rains?” Rabbi Eliezer says from the first day of the holiday Rabbi Yehushua says From the last day of the Festival Rabbi Yehushua said {to Rabbi Eliezer} Since the rain on Succot is a sign of curse, why should it be mentioned in the prayers? Rabbi Eliezer said {to Rabbi Yehushua} Never did I say that one must pray for the rain, but only that it should be mentioned in the following words, "He causes the winds to blow, and the rain to fall in the proper season." He said {Rabbi Yehushua to Rabbi Eliezer} Then should this mention not be be said throughout the year?
(א) מצות עשה להתפלל בכל יום שנאמר ועבדתם את ה' אלהיכם, מפי השמועה למדו שעבודה זו היא תפלה שנאמר ולעבדו בכל לבבכם אמרו חכמים אי זו היא עבודה שבלב זו תפלה, ואין מנין התפלות מן התורה, ואין משנה התפלה הזאת מן התורה, ואין לתפלה זמן קבוע מן התורה.
(ב) ולפיכך נשים ועבדים חייבין בתפלה לפי שהיא מצות עשה שלא הזמן גרמא אלא חיוב מצוה זו כך הוא שיהא אדם מתחנן ומתפלל בכל יום ומגיד שבחו של הקדוש ברוך הוא ואחר כך שואל צרכיו שהוא צריך להם בבקשה ובתחנה ואחר כך נותן שבח והודיה לה' על הטובה שהשפיע לו כל אחד לפי כחו.
(1) It is a positive commandment to pray every day, as it is written: "You shall worship the Lord your God" (Ex. 23:25). By tradition, they learned that this worship is prayer, as it says: "and to worship God with all of your heart" (Deut. 11:13)—the sages said what is worship of the heart? This is prayer. The number of prayers is not biblical, the form of prayer is not biblical, and prayer has no biblically fixed time.
(2) Therefore, women and slaves are obligated in prayer because it is a positive commandment lacking a fixed time, but the obligation of this commandment is as follows: a person should supplicate and pray every day and relate the praise of God, and afterwards ask for their needs as a request and a supplication, and afterwards give praise and thanks to God for the good that has been bestowed upon them, each person according to their ability.
וא"ר יוסי בר' חנינא משום ראב"י מאי דכתיב (ויקרא יט, כו) לא תאכלו על הדם לא תאכלו קודם שתתפללו על דמכם (א"ד) א"ר יצחק א"ר יוחנן א"ר יוסי בר' חנינא משום ראב"י כל האוכל ושותה ואח"כ מתפלל עליו הכתוב אומר (מלכים א יד, ט) ואותי השלכת אחרי גויך אל תקרי גויך אלא גאיך אמר הקב"ה לאחר שנתגאה זה קבל עליו מלכות שמים:
R. Hanan said : Even if the lord of dreams[7] inform a man that he will die on the morrow, he should not despair of [the divine] mercy; as it is said, "For through the multitude of dreams and vanities there are also many words ; but fear thou God" (Eccles. v. 6)[1], Immediately, "Then Hezekiah turned his face to the wall [kir] and prayed unto the Lord" (Is. xxxviii. 2). What means kir? R. Simeon b. Lakish said: [He prayed][2] from the chambers [kirot] of his heart; as it is said, "My bowels, my bowels! I writhe in pain! the chambers of my heart, etc." (Jer. iv. 19). R. Levi[3] declared : [He prayed][2] in connection with the "wall," saying before Him, "Lord of the Universe, if Thou didst bring back to life the child of the Shunammite woman who but made 'a little chamber on the roof[4],' how much more so [shouldest Thou spare my life], seeing that my forefather Solomon overlaid the whole Temple with silver and gold!" "Remember now, O Lord, I beseech Thee, how I have walked before Thee in truth and with a whole heart, and have done that which is good in Thy sight" (Is. xxxviii. 3). What means "I have done that which is good in Thy sight"? Rab Judah said in the name of Rab : He joined the Ge'ullah to the Tefillah[5]. R. Levi said : He hid the Book of Remedies[6]. The Rabbis have taught : Six acts did King Hezekiah perform ; of three [the Rabbis] approved, and of three they disapproved. Of three they approved, viz. he hid the Book of Remedies, and they approved; he broke the brazen serpent[7], and they approved; he dragged his father's bones upon a bed of ropes[8], and they approved. But of three of his acts they disapproved, viz. he stopped up the waters of Gihon[9], and they disapproved ; he cut down the doors of the Temple and sent them to the King of Assyria[10], and they disapproved ; he intercalated Nisan in Nisan[1], and they disapproved. Did not Hezekiah know of the teaching, "This month shall be unto you the beginning of months" (Exod. xii, 2), i.e. this month and none other shall be Nisan[2]? But he erred in the teaching of Samuel who said : We do not intercalate the year on the 30th day of Adar, since that day may possibly be fixed as Nisan. Hezekiah thought that we do not say "since that day may possibly be fixed as Nisan[3]." R. Johanan said in the name of R. Jose b. Zimra : Whoever refers to his own merit [when praying], the merit of others is referred to [in the answer to the petition]; and whoever refers to the merit of others, his own merit is referred to. Moses referred to the merit of others; as it is said, "Remember Abraham, Isaac and Israel, Thy servants" (ibid, xxxii. 13), and his own merit was referred to ; as it is said, "Therefore He said that He would destroy them, had not Moses His chosen stood before Him in the breach, to turn back His wrath, lest He should destroy them" (Ps. cvi. 23). Hezekiah referred to his own merit; as it is written, "Remember now, O Lord, I beseech Thee, how I have walked before Thee" (Is. xxxviii. 3), and the merit of others was referred to ; as it is said, "For I will defend this city, for Mine own sake, and for My servant David's sake" (ibid, xxxvii. 35). This agrees with the statement of R. Joshua b. Levi who said : What means that which is written, "Behold, for my peace I had great bitterness" (Is. xxxviii. 17)? Even when the Holy One, blessed be He, sent him peace, it was bitter for him[1]. "Let us make, I pray thee, a little chamber on the roof" (II Kings iv. 10)[2]. Rab and Samuel [discuss its meaning]. One says : It was an open chamber which they roofed in ; the other says : It was a large verandah' which they divided into two [by erecting a wall]. This is all very well according to him who says it was a verandah, since it is written kir "a wall" ; but for him who says it was an upper chamber, what means kir? He takes it to mean "they roofed it." It is all very well according to him who says it was an upper chamber, since it is written 'aliyyah "upper chamber" ; but for him who says it was a verandah, what means 'aliyyah? He takes it to mean the finest [me'ullah] of the rooms. "And let us set for him there a bed, and a table, and a stool and a candlestick" (ibid.). Abbai (another version : Rab Isaac[4]) said : Whoever wishes to take advantage [of an offer of hospitality] may do so like Elisha ; and whoever does not wish to accept may do so[5] like Samuel of Ramah ; as it is said, "And his return was to Ramah, for there was his house" (I Sam. vii. 17)[6], and R. Johanan[7] said : Wherever he went, he took his house with him. "And she said to her husband. Behold now, I perceive that this is a holy man of God" (II Kings iv. 9). R. Jose b. R. Hannina said : From here [we learn] that a woman can better estimate [the character of] a guest than a man. "A man of God[8]." How did she know it? Rab and Samuel [offer explanations]. One says: She never saw a fly pass over his table[1]; the other says: She spread a linen sheet upon his bed and never found it stained with seminal emission. "A holy man." R. Jose b. R. Hannina said : He is holy, but not his servant : as it is said, "Gehazi came near to thrust her away" (ibid. v. 27). R. Simeon b. Lakish[2] said: He seized her by the breast[3]. "That passeth by us continually" (ibid. v. 9). R. Jose b. R. Hannina said in the name of R. Eliezer b. Jacob : Whoever invites a disciple of the wise as a guest to his house and lets him enjoy his possessions, the Scriptures ascribe it to him as though he had brought continual offerings[4]. R. Jose b. R. Hannina also said in the name of R. Eliezer b. Jacob : Let not a man stand on an elevated place and pray, but let him pray in a lowly place[5]; as it is said, "Out of the depths have I called Thee, O Lord" (Ps. cxxx. 1 ). There is a teaching to the same effect : Let not a man stand upon a chair, or a stool, or any elevated place to pray, but let him pray in a lowly place, because there can be no haughtiness before the Omnipresent ; as it is said, "Out of the depths have I called Thee, O Lord," and it is said, "A prayer of the afflicted, when he fainteth" (ibid. cii. 1). R. Jose b. R. Hannina also said in the name of R. Eliezer b. Jacob : Whoever prays must direct his feet ; as it is said, "And their feet were straight feet" (Ezek. i. 7)[6]. [7]R. Jose b. R. Hannina also said in the name of R. Eliezer b. Jacob : What means that which is written, "Ye shall not eat with the blood" (Lev. xix, 26)? [It means], Ye shall not eat before you have prayed for your life'. There are some who declare that R. Isaac stated that R. Johanan said^ in the name of R. Eliezer b. Jacob : Whoever eats and drinks and afterwards otFers his prayers, concerning him the Scriptures say, "Thou hast cast Me behind thy back" (I Kings xiv. 9). Read not geweka "thy back," but geeka "thy pride." The Holy One, blessed be He, says, "After this person has exalted himself, he receives upon himself the kingdom of Heaven[3]." R. Joshua said : Until the third hour. Rab Judah said in the name of Samuel : The Halakah is in accord with R. Joshua. He who reads from that time onward incurs no loss. Rab Hisda said in the name of Mar 'Ukba : Provided he does not say "Blessed... Who formest light[4]." Against this view I quote : He who reads [the Shema'] from that time onward incurs no loss ; he is regarded as one reading in the Torah, but he must precede it with two benedictions and follow it with one ! This refutation of Rab Hisda's view remains unshaken. Some declare: Rab Hisda said in the name of Mar 'Ukba : What means he incurs no loss? He loses none of the benedictions[5]. There is a teaching to the same effect : He who reads [the Shema'] from that time onward incurs no loss ; he is regarded as one reading in the Torah, but he must precede it with two benedictions and follow it with one. R. Manni said : Greater is he who reads the Shema' in its proper time than one who occupies himself with Torah ; for the Mishnah states : He who reads from that time onward incurs no loss, he is regarded as one reading in the Torah ; hence it is to be deduced that he who reads [the Shema'] in its proper time is superior. MISHNAH III Bet Shammai say : In the evening a man should recline and read [the Shema'], and in the morning he should stand up [to read it] ; as it is said, "When thou liest down and when thou risest up" (Deut. vi. 7). But Bet Hillel say : A man reads it after his own manner[1]; as it is said, "And when thou walkest by the way" (ibid.). If so, why is it said, "When thou liest down and when thou risest up" ? [That means], At the time when people lie down and rise up. R. Tarphon said : I was once journeying by the way and I reclined to read [the Shema'], according to the view of Bet Shammai, and I placed myself in danger on account of robbers. They said to him : Thou didst justly incur a penalty for thyself, in that thou didst transgress the view of Bet Hillel.
Why is the Ramban unhappy with the Rambam?
ותנן היה עומד בתפלה ונזכר שהוא בעל קרי לא יפסיק אלא יקצר טעמא דאתחיל הא לא אתחיל לא יתחיל שאני תפלה דלית בה מלכות שמים והרי ברכת המזון לאחריו דלית בה מלכות שמים ותנן על המזון מברך לאחריו ואינו מברך לפניו אלא ק"ש וברכת המזון דאורייתא ותפלה דרבנן: ....
ור' אלעזר אמר ספק קרא קריאת שמע ספק לא קרא חוזר וקורא ק"ש ספק התפלל ספק לא התפלל אינו חוזר ומתפלל ורבי יוחנן אמר ולואי שיתפלל אדם כל היום כולו:
But Tefillah is also a matter with which the Community is engaged, and there is a Mishnaic teaching: If he was standing in the Tefillah and recollected that he is a Ba'al Keri, he should not interrupt [his prayer] but shorten it[1]. The reason is because he had already commenced it ; hence, if he had not commenced it, he should not do so ! It is different with Tefillah, because it contains no reference to the Kingdom of Heaven. But in the Grace after meals there is also no reference to the Kingdom of Heaven, and yet our Mishnah declares : At his meal, he says the Grace after but not the Grace before ! Quite so ; but the reading of the Shema' and the Grace after meals are ordained by the Torah, whereas Tefillah is ordained by the Rabbis. Rab Judah said[2] : Whence is it that Grace after meals is ordained by the Torah? As it is said, "And thou shalt eat and be satisfied and bless the Lord thy God" (Deut. viii. 10). Whence is it that the benediction to be uttered before reading the Torah is ordained by the Torah[3]? As it is said, "For I will proclaim the name of the Lord : ascribe ye greatness unto our God" (ibid. xxxii. 3)[4]. R. Johanan said : We derive the injunction to utter a benediction after reading the Torah from the Grace after meals by a fortiori argument, and the injunction to say Grace before meals from the benediction over the reading of the Torah by a similar method of reasoning. We derive the injunction to utter a benediction after reading the Torah from the Grace after meals by a fortiori argument : If a meal which requires no benediction before it requires one after it, is it not right that the reading of the Torah, which does require a benediction before it, should require one after it ! And we derive the injunction to say Grace after meals from the benediction over the reading of the Torah by a similar method of reasoning : If the reading of the Torah, which requires no benediction after it[1], requires one before it, is it not right that a meal, which does require a benediction after it, should require one before it ! One can, however, object to this reasoning : Why is Grace answered squired after a meal? Because it has been enjoyed[2]. Why is a benediction required over the reading of the Torah ? Because it is life eternal. Moreover there is a teaching in our Mishnah: At his meal, he says the Grace after but not the Grace before ! The refutation [remains unanswered]. Rab Judah said[3] : If one is in doubt whether he has read the Shema' or not, he does not repeat it ; if he is in doubt whether he said "True and firm[4]" or not, he does repeat it. What is the reason ? Because the reading of the Shema' is ordained by the Rabbis, but saying "True and firm" by the Torah. Rab Joseph quoted in objection : "When thou liest down and when thou risest up" (Deut. vi. 7)[5]! Abbai answered him: That is written with reference to words of Torah[6]. We have a teaching in our Mishnah : A Ba'al Keri meditates upon [the wording of the Shema'] in his heart and says neither the benediction before nor after. At his meal, he says the Grace after [in his heart] but not the Grace before. But if it enter thy mind that "True and firm" is ordained by the Torah, then he should say the benediction after the Shema' ! And for what reason should he say this benediction ? If because it contains a reference to the Exodus from Egypt[7], he has already mentioned that in the Shema'[8] ! Then let him say this benediction and there will be no necessity for the other[9] ! The reading of the Shema' is more important because it contains two things[10]. R. Eleazar said : If one is in doubt whether he has read the Shema' or not, he should repeat it ; but if he is in doubt whether he has said the Tefillah or not, he need not repeat it. But R. Johanan said: Would that a man could pray all day[1]. Rab Judah also said in the name of Samuel : If a man was standing in the Tefillah and recollected that he had already said it, he must stop even in the middle of a benediction. But it is not so ! For lo, Rab Nahman has said : When we were at the school of Rabbah b. Abbuha we asked him, "How is it with those young disciples who made a mistake and said the week-day Tefillah on the Sabbath, should they finish it[2]?" And he replied, "They should finish the whole of that benediction[3]" ! Now is this analogy correct? In the latter instance[4], he was at any rate under the obligation [to say the Tefillah] and the Rabbis did not trouble him out of regard for the Sabbath ; but in the former case[5], he had already said the prayer. Rab Judah also said in the name of Samuel : Should one have already said the Tefillah and then enter a Synagogue and find the Congregation saying it, if he is able to add anything new to the prayer, he may repeat it ; but if not, he should not repeat it. It was necessary [to have both this and the former teaching of Rab Judah in the name of Samuel] ; for if he had given us only the first teaching, [we might have argued,] To whom does this apply ? To a person who said the Tefillah alone and is repeating it alone ;
השגות הרמב"ן לספר המצוות לרמב"ם מצות עשה ה
ואם אולי יהיה מדרשם בתפלה עיקר מה"ת נמנה אותו במניינו שלהרב ונאמר שהיא מצוה לעת הצרות שנאמין שהוא יתברך ויתע' שומע תפלה והוא המציל מן הצרות בתפלה וזעקה.
(ט) וְכִֽי־תָבֹ֨אוּ מִלְחָמָ֜ה בְּאַרְצְכֶ֗ם עַל־הַצַּר֙ הַצֹּרֵ֣ר אֶתְכֶ֔ם וַהֲרֵעֹתֶ֖ם בַּחֲצֹצְר֑וֹת וֲנִזְכַּרְתֶּ֗ם לִפְנֵי֙ יְהוָ֣ה אֱלֹֽהֵיכֶ֔ם וְנוֹשַׁעְתֶּ֖ם מֵאֹיְבֵיכֶֽם׃
(9) And when ye go to war in your land against the adversary that oppresseth you, then ye shall sound an alarm with the trumpets; and ye shall be remembered before the LORD your God, and ye shall be saved from your enemies.
ומן התפלין וחייבין בתפלה ובמזוזה ובברכת המזון: גמ' וחייבין בתפלה: דרחמי נינהו מהו דתימא הואיל וכתיב בה (תהלים נה, יח) ערב ובקר וצהרים כמצות עשה שהזמן גרמא דמי קמ"ל:
and from Tefillin; but they are under the obligation of Tefillah, Mezuzah and Grace after meals. GEMARA Why are the reading of the Shema' and Tefillin different [from the others] ? Because they are commands[1] the observance of which depends upon a certain point of time, and women are exempt from all commands of this class. Tefillah, Mezuzah and Grace after meals, being commands the observance of which does not depend upon a certain point of time, are obligatory upon women[2]. That the reading of the Shema' [is not obligatory upon women] is self-evident, because it is a command the observance of which depends upon a certain point of time, and women are exempt from all commands of this class! [Why, then, does the Mishnah mention it ?] Thou mightest say that since it contains a reference to the Kingdom of Heaven [it should be read by women] ; therefore it informs us [they are exempt]. And from Tefillin. This too is evident ! Thou mightest say that since Tefillin are to be compared with Mezuzah[3] [they should be obligatory upon women] ; therefore it informs us [they are exempt]. But they are under the obligation of Tefillah ; [obviously] because this is prayer! [not translated] But thou mightest say that since it is written thereby, "Evening and morning and at noonday" (Ps. lv. 18), it is like a command the observance of which depends upon a certain point of time [and women are exempt]; therefore it informs us [the obligation is theirs]. And Mezuzah. This is evident ! But thou mightest say that since it is to be compared with the study of Torah[4], [being exempt from the latter they are likewise exempt from the former] ; therefore it informs us [that women have the duty of fixing the Mezuzah]. And Grace after meals. This too is evident ! But thou mightest say that since it is written thereby, "When the Lord shall give you in the evening flesh to eat and in the morning bread to the full" (Exod. xvi. 8), it is like a command the observance of which depends upon a certain point of time [and women are exempt]; therefore it informs us [that it is obligatory]. Rab Adda b. Ahabah said : Women are under the obligation to recite the Sanctitication [1] of the [Sabbath] day by the ordinance of the Torah. But why, since it is a command the observance of which is dependent upon a certain point of time, and women are exempt from all commands of this class ! Abbai answered : [The Sanctification by women] is a Rabbinical ordinance. Rab said to him : But lo, [Rab Adda] mentioned it was "by the ordinance of the Torah" ! And further, let us make all commands [of this class] obligatory upon women by Rabbinic authority ! But, said Raba, [the correct reason why they have to "sanctify" the Sabbath is because] the Scriptures declare, "Remember the Sabbath day to keep it holy" (Exod. xx. 8) and "Observe the Sabbath to keep it holy" (Deut. v. 12) — everyone who has to "observe[2]" must likewise "remember[3]"; and since women must "observe," so must they "remember." Rabina asked Raba : Is the recital of the Grace after meals by women an ordinance from the Torah or the Rabbis ? What is the point at issue ? It is whether they have the power of exempting others[4]. It is quite right if thou sayest it is from the Torah ; then one who is enjoined by the Torah [to keep the observance] comes and exempts one [whose observance is likewise commanded] by the Torah. But if thou sayest it is from the Rabbis, then it is not a compulsory observance, and one who is not under the obligation [to keep the observance] cannot exempt others. How is it then ? Come and hear : It has indeed been stated : A son [who is a minor] may say Grace for his father, a slave for his master, and a woman for her husband ; but the Sages declare : May a curse alight upon the man for whom his wife or his son says Grace ! This[5] is quite right if thou sayest that it is from the Torah; then one who is enjoined by the Torah [to keep the observance] comes and exempts one [whose observance is likewise commanded] by the Torah. But if thou sayest it is from the Rabbis, then one who is enjoined by the Rabbis [to keep the observance] comes and exempts one [whose observance is commanded] by the Torah ! Also, according to thy reason, is a minor under the obligation [to say Grace][6] ? Nay, with what case are we here dealing ? With one who, for instance, has eaten the minimum quantity ordained by the Rabbis [as making the saying of Grace necessary][1] ; and thus one who is enjoined by the Rabbis [to say Grace][2] comes and exempts one [whose observance is likewise commanded] by the Rabbis[3]. Rab 'Awira expounded (sometimes he said it in the name of R. Ammi and sometimes in the name of R. Assi) : The ministering angels spake before the Holy One, blessed be He, "Lord of the universe ! It is written of Thee in Thy Torah, 'Who regardeth not persons[4] nor taketh reward' (Deut. x. 17); but dost Thou not regard the person of Israel, for it is written, 'The Lord lift up His countenance upon thee' (Num. vi. 26)?" He replied to them, "And should I not regard the person of Israel, for whom I wrote in the Torah, 'And thou shalt eat and be satisfied and bless the Lord thy God' (Deut. viii. 10), but they are strict with themselves [and bless] even with a quantity of food equal in size to an olive or an egg?" MISHNAH A Ba'al Keri meditates upon [the wording of the Shema'] in his heart and says neither the benediction before nor after[5]. At his meal, he says the Grace after [in his heart] but not the Grace before. R. Judah declares : He says Grace before and after. GEMARA Rabina said : [The statement of the Mishnah] means to say that meditation is the equivalent of speech ; for if it enter thy mind that it is not the equivalent of speech, why should he meditate! How is it then? Meditation is the equivalent of speech. Let him, then, utter the words with his lips ! No ; it is as we find at Mount Sinai[6]. But Rab Hisda said : Meditation is not the equivalent of speech ; for if it enter thy mind that it is the equivalent of speech, let him utter the words with his lips ! How is it then ? Meditation is not the equivalent of speech. Why, then, should he meditate? R. Eleazar said : So that the whole world should not be engaged upon the reading of the Shema', whereas he sits idle. Then let him read some other chapter ! Rab Adda b. Ahabah replied : With that wherewith the Community is engaged [should he like-wise be engaged].
ווחייבין בתפלה - דתפלה רחמי היא ומדרבנן היא ותקנוה אף לנשים ולחנוך קטנים:
הכי גרסינן תפלה דרחמי נינהו - ולא גרס פשיטא דהא לאו דאורייתא היא
מגן אברהם סימן קו
כ"כ הרמב"ם דס"ל דתפלה מ"ע דאורייתא היא דכתיב ולעבדו בכל לבבכם וכו' אך מדאורייתא די בפעם אחד ביום ובכל נוסח שירצה ולכן נהגו רוב נשים שאין מתפללות בתמידות משום דאומרי' מיד בבוקר סמוך לנטילה איזה בקשה ומדאורייתאדי בזה ואפשר שגם חכמים לא חייבום יותר והרמב"ן סובר תפלה דרבנן וכן דעת רוב הפוסקים ועיין בתוס' דברכות דף כ' ריש ע"ב ובסמ"ק כ' שמצו' להתפלל בעת צרה: