Talmud Bavli
Talmud Bavli

Halakhah for Berakhot 69:24

Peninei Halakhah, Women's Prayer

Women and men alike must recite Birkhot Ha-shaḥar in order to thank God for all the good that is renewed daily.1The straightforward meaning of Tur and SA 46:4 indicates that women are obligated to recite Birkhot Ha-shaḥar, which is what MB 70:2 and AHS 70:1 state explicitly. However, MB cites the opinion of Rashba and Derekh Ha-ḥayim (cited in MB 52:10 and BHL ad loc.) that since the time for reciting Birkhot Ha-shaḥar is limited to the first four seasonal hours, like the time allotted for the Amida of Shaḥarit, their recitation is time-bound, and women are exempt. Nevertheless, MB concludes, according to the custom outlined by Rema in 17:2, women may extend the obligation to themselves and recite the blessings.
In practice, it is clear that women are required to recite Birkhot Ha-shaḥar, and that is even the Sephardic practice. There are several reasons for this, each of which is sufficient to determine the halakha. First the halakhic ruling is that the time of Birkhot Ha-shaḥar lasts the entire day (as clarified below in section 5 and stated in Yeḥaveh Da’at 4:4). Second, these are blessings of thanksgiving, in which women are obligated just as men, for it is forbidden for any person to derive pleasure from this world without reciting a blessing (Berakhot 35a). Responsa Maḥazeh Eliyahu §13, based on the rationale of Turei Even and Ḥokhmat Shlomo, maintains that Birkhot Ha-shaḥar are not considered time-bound mitzvot even according to Derekh Ha-ḥayim, yet the reality that we wake up in the morning dictates that they be recited at that time, immediately when we begin to derive that pleasure. (Or Le-Tziyon 2:4:1 states that women are indeed exempt from Birkhot Ha-shaḥar because they are time-bound; however, it is good that women recite them since they are berakhot of praise and thanksgiving. According to the reasons we have just outlined, women are in fact obligated.) Also, as we have already seen above (2:4-5), it is possible be-di’avad to fulfill the obligation of prayer with Birkhot Ha-shaḥar.
There are two berakhot that were instituted in keeping with the men’s behavior, but since they include general praise for Israel, women are also required to recite them, as we will see below in section 4. The first is Ozer Yisrael Bi-gevura, which was instituted upon the girding of a belt used to separate between one’s heart and one’s nakedness (Rema 46:1), a law that pertains to men, as explained below (10:7). The second is Oter Yisrael Be-tifara, instituted for men’s head-covering (MB 46:9), as explained below, 10:5-6.
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Tur

The laws of morning blessings
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Sefer HaChinukh

From the laws of the commandment is that which they, may their memory be blessed, said (Berakhot 35a) that one who wants to redeem the fourth year plant, redeems it like the second tithe, which [can be] redeemed - meaning to say, that he redeems it with money and brings [that] up to Jerusalem. And if he redeems it himself, he adds a fifth. As so is the law with the second tithe, from that which it is written about it (Leviticus 27:31), "And if a man surely redeems his tithes." But one who redeems the second tithe for others, does not add a fifth. And he does not redeem [the fourth year plant] until it reaches the season of the tithe; as it is stated about it (Leviticus 19:25), "to increase its produce for yourselves" - and they, may their memory be blessed, expounded (Sifra, Kedoshim, Section 3:10), "Until it becomes produce" - meaning to say that it reaches the season of the tithe, and that is a third of its ripeness. And according to Rambam (Mishneh Torah, Laws of Second Tithes and Fourth Year's Fruit 9:2), may his memory be blessed, we do not redeem it when it is attached [to the tree], like the tithe. But others explain (Rash on Orlah 5:5) that we redeem it even attached. And it is called money of the Higher Realm, like the tithe. And therefore it cannot be acquired as a gift - unless he gave it when it is still unripe fruit, as the obligation has not yet rested upon it, as we said. And its law in the other things - such as eating, drinking and anointment - is like the tithe. And on the commandment of the second tithe in Parshat Reeh Anochi (Sefer HaChinukh 473), we will write more about it at length with God's help.
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Sefer HaChinukh

And this commandment is practiced at the time of the [Temple] in the Land by males and females, but not outside the Land. And so wrote Rambam, may his memory be blessed (Mishneh Torah, Laws of Second Tithes and Fourth Year's Fruit 9:1): "In the same way as there is no second tithe in Syria, so is there no fourth year plant in Syria." To here [are his words]. And all the more so outside of the Land. But there are some of our rabbis who instructed (see Tosafot s.v. ouleman on Berakhot 35a) us today that the obligation of this commandment is even now in the Land; and [that] even outside the Land, fourth year vineyard is practiced rabbinically. And according to this, every man should now redeem the fruits of his fourth year vineyard upon the worth of a small coin or more. They also said that we recite a blessing over the redemption and, afterwards, we throw the redemption into the Dead Sea - meaning to say a desolate place - so that no creature benefit from it, as it is [still] holy today, rabbinically. And afterwards he eats the fruit of his vineyard. But fourth year plants are not practiced at all outside the Land, even rabbinically. And one who transgresses this commandment and does not bring up the fruits or their redemption to Jerusalem at the time of the [Temple] - or does not redeem it in the Land, according to the opinion of some commentators, even today - has violated this positive commandment, and has not desired blessing. And one who fulfills it will be blessed.
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Sefer HaChinukh

It is from the roots of the commandment [that it is] since the main nourishment of the creatures is from grains. And therefore it is fitting to offer from them a sacrifice to God who gave them, before the creatures benefit from them. And [it is] similar to that which they, may their memory be blessed, said about [something] resembling this (Berakhot 35a), "Anyone who benefits from this world without a blessing has misappropriated." And all of this is to prepare ourselves that we should be fitting to receive from His goodness - and as I wrote in this book many times. And at the time of the [Temple], on the sixteenth of Nissan, we would offer the sacrifice of the omer from the new grain barley grain, since it is the grain that comes out first [before] the wheat. And it permits [us to benefit from] all of the grains.
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