Berakhot 035

1:
Our mishnah gives permission to labourers to recite the Shema (at this stage of our discussions we shall ignore the question of the Amidah) where they happen to be working – even at the top of a tree or the scaffolding around a building site. The Tosefta (a compendium kindred to the Mishnah) clarifies that this permission is only accorded to the workers, not to the employer, even if he or she is assisting in the work. This is explained as follows: the employer would not be able to recite the Shema with the requisite concentration, which is not the case with the workers. At first glance one would think that the difference is one of expertise; but surely an employer might acquire the same expertise and sense of security as his seasoned workers.

2:
The Talmud of Eretz-Israel gives a different rationale – in fact it raises two possibilities. Firstly, there is considerable trouble involved in climbing up the tree or the scaffold, climbing down again, and then climbing up again: why cause a worker all this trouble when he is quite comfortable reciting the Shema up there on his perch? Secondly, some trees are delicate and the unnecessary extra climbing up and down could damage the tree or its fruit. This explanation actually "kills two birds with one stone". Firstly it explains why the employer may not do what his or her workers can do: when he is at the top of the tree his mind will be on possible damage to his source of income! Secondly, it yields a rationale for the permission itself: workers may not "waste time" at the employer's expense in order to perform liturgical duties that can be properly and conscientiously expedited without doing so. Furthermore, possible loss of income to the employer (damaged trees, damaged fruit) yields sufficient halakhic warrant to require the workers to stay put at the top of the tree or scaffolding.

I have received the following from a participant who asks me to withhold their identity. (I respect their wishes, though I do not understand why they want this.)

This may be the dumbest question you've ever been asked but here goes:

As someone who grew up lacking in much Jewish education, I really don't know which prayers and paragraphs are recited in the morning or in the evening. I have been following the discussions closely with interest, but of course, they assume that we know what comes first, second etc., as well as what they are. Some guidance on this would be helpful. For example, I have a very, very old prayer book that belonged to my grandfather (or maybe great grandfather. I can't be sure.) It assumes you know what you're doing also. The evening prayers go on for 20 pages or more. Would I say all of them? Some of them? Which ones? How do I know? Are there any good books that help with dilemmas such as this?

I respond:

First of all, no question is dumb! In tractate Avot we are taught that "the shy person cannot learn" – because they won't ask questions! We are not born with this knowledge, we have to acquire it.

A first liturgical duty to oneself is to possess a prayer book ("siddur") that you are comfortable with, not one that assumes you have skills that you have not yet acquired. Not knowing where you live and what is available in that area I would not presume to advise you. I suggest two things. Firstly, if possible, check with your nearest Conservative Rabbi: she or he will be thrilled to help you choose a siddur that you can live with. But we, on the Rabin Mishnah Study Group, are a ĥavruta – a (large) group of people learning together. If you have a siddur that you really would recommend please send me a short e-mail note with its name and a brief description of its virtues. I shall collate them and publish your recommendations. After that, I shall try to give the guidance that the questioner asks for.

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Richard Friedman sends the following correction:

Regarding the disagreement in 2:3 over whether one must pronounce the words precisely in order to fulfill one's obligation, you said that accepted halacha follows R. Yehuda, who says one who fails to pronounce properly has not fulfilled one's obligation. Doesn't the Shulhan Aruch rule the other way – that, while one must pronounce properly (O.H. 61), if one does not, one has nevertheless fulfilled one's obligation (O.H. 62:1)?

I respond:

Yes I was guilty of failing to point out the difference between le-khatĥilah and be-di-avad. Preferably (le-khatĥilah) halakhah follows Rabbi Yehudah, but if one did mispronounce something unintentionally and failed to correct it (be-di-avad) one has nevertheless fulfilled one's obligation.

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