Mishneh Torah, The Order of Prayer 1

Sugya Map

This sugya from Rambam's Mishneh Torah delineates a fascinating, and at first glance, somewhat anomalous, inclusion within a halachic code: a detailed enumeration of minhagim (customs) for morning and evening prayers, prior to the core takanot of Shema and Tefillah.

• Issue: The nature and halachic weight of pre-core-prayer recitations, referred to broadly as Pesukei Dezimra (Verses of Praise) and related texts. The Rambam records a sprawling collection of Mishnayot, Gemarot, and various Scriptural verses as "customs" ("נהגו העם") recited before the formal blessings of Shema and Shemoneh Esrei.
• Nafka Mina(s):
  • Are these customary recitations halachically binding, or merely laudatory additions?
  • What is the relationship between these minhagim and the takanat chachamim (rabbinic enactment) of formal prayer? Can one skip them in she'at ha'dachak (a time of pressing need)?
  • How does the Rambam's recording of such extensive minhagim align with his usual concise, prescriptive style in Halacha?
  • What is the underlying theological or pedagogical purpose of these diverse texts?
• Primary Sources:
  • Mishneh Torah, Hilchot Tefillah U'Birkat Kohanim 1:2-10 ¹
  • Mishneh Torah, Hilchot Tefillah U'Birkat Kohanim 7:11 ²
  • Mishnah Peah 1:1, Shabbat 127a (for "אלו דברים") ³
  • Bavli Berachot 31a (for Rabbi Zeira's statement) ⁴

Text Snapshot

The core of our sugya begins with the Rambam's characteristic opening:

נָהֲגוּ הָעָם לוֹמַר בְּכָל יוֹם שַׁחֲרִית אַחַר קְרִיאַת פָּרָשַׁת צַו וּבִרְכַּת כֹּהֲנִים מִשְׁנָה זוֹ: "אֵלּוּ דְּבָרִים שֶׁאֵין לָהֶם שִׁעוּר: הַפֵּאָה, וְהַבִּכּוּרִים, וְהָרְאִיּוֹן, וּגְמִילוּת חֲסָדִים, וְתַלְמוּד תּוֹרָה. אֵלּוּ דְּבָרִים שֶׁאָדָם אוֹכֵל פֵּרוֹתֵיהֶם בָּעוֹלָם הַזֶּה, וְהַקֶּרֶן קַיֶּמֶת לוֹ לָעוֹלָם הַבָּא: כִּבּוּד אָב וָאֵם, וּגְמִילוּת חֲסָדִים, וְהַשְׁכָּמַת בֵּית הַמִּדְרָשׁ, וְהַכְנָסַת אוֹרְחִים, וּבִקּוּר חוֹלִים, וְהַכְנָסַת כַּלָּה, וּלְוָיַת הַמֵּת, וְהַשְׁלָמַת בֵּין אָדָם לַחֲבֵרוֹ, וְתַלְמוּד תּוֹרָה כְּנֶגֶד כֻּלָּם." אָמַר רַבִּי זֵירָא: "בָּנוֹת יִשְׂרָאֵל הֶחְמִירוּ עַל עַצְמָן שֶׁאֲפִלּוּ רוֹאוֹת טִפַּת דָּם כְּחַרְדָּל, יוֹשְׁבוֹת עָלֶיהָ שִׁבְעָה נְקִיִּים." תָּנוּ רַבָּנָן בְּבֵית אֵלִיָּהוּ: כָּל הַלּוֹמֵד הֲלָכוֹת בְּכָל יוֹם מֻבְטָח לוֹ שֶׁהוּא בֶּן עוֹלָם הַבָּא, שֶׁנֶּאֱמַר: "הֲלִיכוֹת עוֹלָם לוֹ" – אַל תִּקְרָא הֲלִיכוֹת אֶלָּא הֲלָכוֹת. אָמַר רַבִּי אֶלְעָזָר בְּשֵׁם רַבִּי חֲנִינָא: "תַּלְמִידֵי חֲכָמִים מַרְבִּין שָׁלוֹם בָּעוֹלָם, שֶׁנֶּאֱמַר: "וְכָל בָּנַיִךְ לִמּוּדֵי ה' וְרַב שְׁלוֹם בָּנָיִךְ."

The people have the custom to recite every day in the morning, after reading the Parashat Tzav and the Priestly Blessing, the following Mishnah: "These are the things that have no fixed measure: the corners of the field (left for the poor), the first fruits, the offerings brought on the festivals, acts of kindness, and the study of Torah. These are the things for which a person enjoys the fruits in this world, while the principal remains for them in the World to Come: honoring one's father and mother, acts of kindness, early attendance at the house of study, hospitality to guests, visiting the sick, providing for a bride, escorting the dead, peace between a person and their fellow, and the study of Torah is equivalent to them all." Rabbi Zeira said, "The daughters of Israel took it upon themselves strictly that even if they see a drop of blood as small as a mustard seed, they will sit upon it for seven clean days." It was taught in the school of Eliyahu: Anyone who recites laws every day is assured that they are destined for the World to Come, as it is said, 'The ways of the world are His'—do not read 'ways' (halikhot) but 'laws' (halakhot). Rabbi Elazar said in the name of Rabbi Hanina: "Scholars increase peace in the world, as it is said, 'All your children shall be taught of the Lord, and great shall be the peace of your children.'" ⁵

Dikduk/Leshon Nuance

The phrase "נהגו העם" (the people customarily recite) is pivotal. It signifies a practice that developed organically within the community, rather than a formal takanah (enactment) by a Beit Din. This contrasts with the Rambam's typical articulation of chiyuvim (obligations). The Steinsaltz commentary on this phrase notes its connection to Hilchot Tefillah 7:11 ⁶, where the Rambam discusses Pesukei Dezimra more explicitly. The diverse content, including halachot (laws) and aggadot (homiletic teachings) like Rabbi Zeira's statement ⁷, further emphasizes the minhag aspect, as these are not typically included in core seder tefillah codifications. The "Parashat Tzav and the Priestly Blessing" mentioned at the outset are themselves minhagim, though perhaps less universally established or precisely defined than Pesukei Dezimra in many traditions.

Readings

Rambam: Minhag as Hachanah for Tefillah

The Rambam, while initiating this discussion with "נהגו העם," provides a crucial lens into his understanding of these recitations in Hilchot Tefillah U'Birkat Kohanim 7:11:

כְּבָר נָהֲגוּ הַכֹּל לוֹמַר מִזְמוֹרֵי תְהִלּוֹת וּפְסוּקִים שֶׁל שֶׁבַח קֹדֶם בָּרְכוּ וְאַחַר כָּךְ אוֹמְרִים בָּרְכוּ וְאַחַר כָּךְ קוֹרְאִין קְרִיאַת שְׁמַע וּמִתְפַּלְּלִין. וְאֵלּוּ הַפְּסוּקִים שֶׁל שֶׁבַח הֵם הַנִּקְרָאִים פְּסוּקֵי דְּזִמְרָא. וּמְבָרְכִין עֲלֵיהֶן לְפָנֵיהֶן וּלְאַחֲרֵיהֶן. בָּרוּךְ שֶׁאָמַר לִפְנֵיהֶן וְיִשְׁתַּבַּח לְאַחֲרֵיהֶן. וְלֹא יַפְסִיק בֵּין יִשְׁתַּבַּח לְיוֹצֵר.

It has already become the custom for everyone to recite Psalms and verses of praise before Barkhu, and afterwards they recite Barkhu, and afterwards they read the Shema and pray. These verses of praise are called Pesukei Dezimra. And blessings are recited over them, before them and after them: Baruch She'amar before them, and Yishtabach after them. And one should not interrupt between Yishtabach and Yotzer. ⁸

The chiddush here is multifaceted. First, the Rambam elevates the minhag to a universal "כבר נהגו הכל" (everyone has already accustomed themselves), implying a consensus that imbues it with significant weight, almost akin to a takanah from a practical standpoint. Second, he formalizes Pesukei Dezimra by establishing specific blessings ("ברוך שאמר" and "ישתבח") that frame them, clearly indicating they are not mere optional recitations but an integral, structured part of the prayer service. Third, the prohibition of interruption ("ולא יפסיק בין ישתבח ליוצר") connects Pesukei Dezimra directly to the subsequent blessings of Shema, creating a semichut (juxtaposition) that underscores their preparatory function. For the Rambam, Pesukei Dezimra are not just pleasant additions; they are hachanah (preparation) to achieve the proper mindset and kavanah (intention) for the core mitzvot of Shema and Tefillah. The texts in Perek 1 are examples of the content of this hachanah.

Ramban: The Antiquity and Status of Pesukei Dezimra

The Ramban, in his Torat Ha'Adam, Sha'ar Ha'Acharon, Inyan Pesukei Dezimra, also addresses this custom. While acknowledging their antiquity, he approaches their status with a slightly different nuance. He quotes from the Yerushalmi and Geonim to establish the long-standing practice of Pesukei Dezimra, but his emphasis often lies on their Kabbalistic significance and their role in elevating one's soul through shirah (song) and hallel (praise) before engaging in direct supplication.

The Ramban's chiddush lies in his distinction between the ikar (essential) elements of tefillah (Shema and Shemoneh Esrei) and these preparatory praises. He views Pesukei Dezimra as an ancient minhag of Chassidim Rishonim (early pious ones), which then became widespread. While he certainly advocates for their recitation, his framework often suggests they are a ma'aleh (enhancement) rather than a chiyuv in the same vein as the core prayers. He might argue that the minhag is rooted in a desire to emulate the heavenly host who praise God constantly, thereby creating an appropriate spiritual atmosphere. He also delves into the idea that praise itself is a form of avodah that prepares the Shechina to receive our prayers. This subtle distinction hints that while the Rambam sees Pesukei Dezimra as intrinsically linked to the seder of prayer, the Ramban might view them as a distinct, albeit crucial, avodah of shirah that precedes and sets the stage for tefillah, but is not necessarily halachically indispensable to the chiyuv of tefillah itself in the most fundamental sense.

Friction

Kushya: The Paradox of Minhag and Chiyuv

The most potent kushya emerges from the apparent tension between the Rambam's presentation in Perek 1 and Perek 7. In Perek 1, the plethora of texts – from Mishnayot on Peah to aggadot about niddah – are introduced with the phrase "נהגו העם" ⁹. This typically denotes a non-obligatory custom, often varying by locale. Yet, in Perek 7, the Rambam describes Pesukei Dezimra as a universal custom ("כבר נהגו הכל") ¹⁰ that is framed by formal blessings ("ברוך שאמר" and "ישתבח") ¹¹, and crucially, he prohibits interruption between Yishtabach and Yotzer ¹². This prohibition of interruption, known as semichat geulah l'tefillah (juxtaposing redemption to prayer), is a hallmark of core halachic obligations.

How can a diverse collection of texts, introduced as mere custom, suddenly morph into a structured, universally accepted practice with strict halachic parameters? If they are truly just minhag, why does the Rambam give them such detailed attention and effectively elevate them to a quasi-obligatory status, even linking them to the fundamental concept of semichat geulah? The sheer volume of material in Perek 1, much of it non-halachic in content, seems incongruous with the Rambam's typical conciseness when codifying chiyuvim.

Terutz: Evolution of Minhag into Kabbalah

The resolution lies in understanding the dynamic nature of minhag within Halacha.

Terutz 1: The Weight of an Established Custom

The Rambam's use of "נהגו העם" in Perek 1 describes the genesis of the practice – it began as a popular custom. However, over time, a minhag that becomes universally accepted ("כבר נהגו הכל" in Perek 7) accrues significant halachic weight, often becoming indistinguishable from a takanah (rabbinic enactment) in its practical application ¹³. The Magid Mishneh on Hilchot Tefillah 7:11 indeed states that this minhag is "קדמון ופשט בכל ישראל" (ancient and spread throughout all of Israel), giving it the force of a chiyuv. The diversity of texts in Perek 1 reflects the organic, accretive development of this minhag over generations. The Rambam, as a codifier, records the minhag as it existed in his time, acknowledging its traditional roots and its eventual formalization. The semichah (juxtaposition) between Yishtabach and Yotzer emphasizes that once these praises become an established part of the seder tefillah, they function as a necessary hachanah (preparation) that must seamlessly lead into the core prayers, creating a unified flow of avodah. The minhag of Pesukei Dezimra is not optional, but a kabbalah (received tradition) that defines the seder.

Terutz 2: Hachanah as a Fundamental Principle

Furthermore, the underlying principle of hachanah (preparation) for tefillah is deeply rooted in rabbinic thought ¹⁴. The Gemara discusses the need for kavanah (intention) and yishuv ha'da'at (settled mind) before prayer. Pesukei Dezimra, with their themes of praise, awe, and submission, are the quintessential hachanah. Even if not a chiyuv in the strict sense of de'Rabbanan, the minhag to recite them fulfills a fundamental spiritual requirement. The Rambam, in his systematic approach, codifies how this hachanah is performed according to established practice. The texts in Perek 1 are examples of what constitutes this preparation, while Perek 7 details the structural elements (blessings, non-interruption) that formalize this preparatory stage into a coherent part of the seder tefillah. The minhag of Pesukei Dezimra is thus a hechsher mitzvah (a preparation for a mitzvah), and as such, carries significant halachic import, even if its specific content began as a fluid custom.

Intertext

Talmud Yerushalmi – The Necessity of Preparation

The concept of hachanah for prayer is not unique to the Rambam's codification of Pesukei Dezimra. The Talmud Yerushalmi provides a profound underpinning for this idea:

רַבִּי יוֹחָנָן אוֹמֵר: לְעוֹלָם אַל תְּהִי תְּפִילָתְךָ קַלָּה בְּעֵינֶיךָ, שֶׁכָּל הַמֵּקֵל בִּתְפִילָתוֹ אֵין תְּפִילָתוֹ נִשְׁמַעַת.

Rabbi Yochanan says: Never let your prayer be light in your eyes, for anyone who treats their prayer lightly, their prayer is not heard. ¹⁵

This Yerushalmi teaching emphasizes the gravity and seriousness required for prayer. Pesukei Dezimra, as described by the Rambam, serve precisely this function: they are a structured means to avoid treating prayer "lightly." By engaging in extensive praise and contemplation of God's greatness, one cultivates the necessary yirah (awe) and kavanah (intention) to ensure their subsequent supplications are heard. The diverse texts listed in Perek 1, from ethical Mishnayot to the Yigdal-like pronouncements of God's unity, all contribute to this spiritual conditioning, ensuring the heart and mind are attuned before directly addressing the Creator.

Zohar – Elevating through Song

A mystical parallel to the importance of Pesukei Dezimra can be found in the Zohar, which frequently discusses the power of shirah (song) and hallel (praise) in the supernal realms.

כָּל אִינוּן שְׁבָחִין וְזִמְרָתִין דְּאִתְעֲבִיד בְּעַלְמָא תַּתָּאָה, כּוּלְּהוּ סַלְּקִין וְאִתְחַבְּרוּן לְעֵילָּא, וְאִתְעֲבִיד מִנַּיְיהוּ עֲטָרָא לְרֵישָׁא דְּמַלְכָּא.

All those praises and songs that are made in the lower world, they all ascend and connect above, and from them a crown is made for the head of the King. ¹⁶

The Zohar presents shirah as a potent spiritual act that affects the divine realms, creating a "crown for the King." From this perspective, Pesukei Dezimra are not merely preparatory for human kavanah; they are an essential avodah that "awakens" the divine presence and "sweetens" judgments, creating a propitious environment for the prayers that follow. The lengthy, diverse collection of praises found in Rambam's Perek 1, therefore, can be understood as providing ample material for this mystical elevation, aligning the worshipper with the celestial choirs that constantly praise God. This Kabbalistic understanding lends immense significance to the minhag of Pesukei Dezimra, transforming it from a mere custom into a fundamental act of cosmic repair and divine connection.

Psak/Practice

The Rambam's detailed description of these minhagim in Perek 1, coupled with his formalization in Perek 7, profoundly shaped subsequent halacha. The Shulchan Aruch (Orach Chayim 51:1) unequivocally codifies the recitation of Pesukei Dezimra as standard practice, preceding Borchu and the blessings of Shema. He states, "יזהר לאמרם בכוונה" (One should be careful to say them with kavanah). ¹⁷

The Mishnah Berurah (51:1, Biur Halacha s.v. "נהגו") elaborates on this, explaining that while Pesukei Dezimra are indeed a minhag, they are a minhag vatikin (an ancient and established custom) that has gained the force of a chiyuv. Therefore, one should not skip them unless there is a pressing need (she'at ha'dachak), such as being late for tefillah b'tzibbur (communal prayer) and needing to catch up to Borchu or Shema to maintain semichat geulah l'tefillah. Even then, one should try to recite at least a minimal Pesukei Dezimra (e.g., Baruch She'amar, Ashrei, Yishtabach) ¹⁸. This reflects a meta-psak heuristic where deeply ingrained and universally accepted minhagim, especially those serving as hachanah for core mitzvot, effectively become mandatory obligations, albeit with some flexibility in extreme circumstances.

Takeaway

Rambam's Perek 1 beautifully captures the organic, multifaceted minhagim that form the spiritual preparation for formal prayer, demonstrating how a "custom" can evolve into a foundational component of avodat Hashem. These diverse texts, particularly Pesukei Dezimra, are understood as essential hachanah for achieving proper kavanah and connecting with the Divine, ultimately gaining significant halachic weight.

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¹ Mishneh Torah, Hilchot Tefillah U'Birkat Kohanim 1:2-10. ² Mishneh Torah, Hilchot Tefillah U'Birkat Kohanim 7:11. ³ Mishnah Peah 1:1; Bavli Shabbat 127a. ⁴ Bavli Berachot 31a. ⁵ Mishneh Torah, Hilchot Tefillah U'Birkat Kohanim 1:2. ⁶ Steinsaltz on Mishneh Torah, The Order of Prayer 1:2:1 s.v. "נהגו העם". ⁷ Steinsaltz on Mishneh Torah, The Order of Prayer 1:2:14 s.v. "אמר רבי זירא". ⁸ Mishneh Torah, Hilchot Tefillah U'Birkat Kohanim 7:11. ⁹ Mishneh Torah, Hilchot Tefillah U'Birkat Kohanim 1:2. ¹⁰ Mishneh Torah, Hilchot Tefillah U'Birkat Kohanim 7:11. ¹¹ Ibid. ¹² Ibid. ¹³ See Shu"t Rivash 195, discussing the strength of minhag. ¹⁴ See Bavli Berachot 30b, "אין עומדין להתפלל אלא מתוך כובד ראש." ¹⁵ Talmud Yerushalmi, Berachot 1:5, 3c. ¹⁶ Zohar, Parshat VaYikra 10a (and similar ideas throughout Zohar Chadash, Midrash Ha'Ne'elam). ¹⁷ Shulchan Aruch, Orach Chayim 51:1. ¹⁸ Mishnah Berurah 51:1, Biur Halacha s.v. "נהגו".