Update: Thanks to Adderabbi for linking in the comments to his summary of the issue.

AP reported Friday that Hertz, the rental car company, is firing 26 Somali Muslim employees at Seattle-Tacoma International Airport because they refuse to clock out for their daily prayer breaks. The Teamsters local union that represents the workers says that the company agreed during negotiations last year that the employees would not need to clock out. Hertz says that the failure of many employees to return promptly after their prayers had created an unfair work environment.

Below is a short summary of this question from Rabbinic sources and what modern Israeli law has to say about whether employees should be given time off for prayer.

On Berachot 16a there is a discussion of this question:

תנו רבנן: הפועלים שהיו עושין מלאכה אצל בעל הבית – קורין קריאת שמע ומברכין לפניה ולאחריה, ואוכלין פתן ומברכין לפניה ולאחריה, ומתפללין תפלה של שמונה עשרה אבל אין יורדין לפני התיבה ואין נושאין כפיהם. והתניא: מעין שמונה עשרה! – אמר רב ששת, לא קשיא: הא – רבן גמליאל, הא רבי יהושע. – אי רבי יהושע, מאי איריא פועלים, אפילו כל אדם נמי! – אלא, אידי ואידי רבן גמליאל, ולא קשיא: כאן – בעושין בשכרן, כאן – בעושין בסעודתן. והתניא: הפועלים שהיו עושים מלאכה אצל בעל – הבית קורין קריאת שמע ומתפללין, ואוכלין פתן ואין מברכים לפניה, אבל מברכין לאחריה שתים, כיצד – ברכה ראשונה כתקונה, שניה – פותח בברכת הארץ וכוללין בונה ירושלים בברכת הארץ; במה דברים אמורים – בעושין בשכרן, אבל עושין בסעודתן או שהיה בעל הבית מיסב עמהן – מברכין כתיקונה.

A. Our rabbis have taught on Tannaite authority:
B. Workers who were at work at a household [take time to] recite the Shema and recite the benedictions before it and after it,
C. and eat their bread and recite the benedictions before it [the meal] and after it [cf. T. Ber. 5:24],
D. and recite [three times daily] the Prayer of eighteen [blessings].
E. But they do not descend before the ark [to lead the recitations of the Prayer in a synagogue].
F. And they do not lift up their hands [in the priestly benediction] [T. Ber. 2:9].
G. But has it not been taught on Tannaite authority: “[They say not the complete Prayer but only] an abbreviation of the eighteen benedictions”?
H. Said R. Sheshet, “There is no contradiction. The one position represents the position of Rabban Gamaliel, the other of R. Joshua [at M. Ber. 4:3].”
I. If it is R. Joshua’s view [represented at G], why specify that the rule applies to workers? [In Joshua’s view, the same law] pertains even to ordinary people.
J. Rather, both positions represent the view of Rabban Gamaliel, and there still is no contradiction between the two statements, for the statement [permitting the workers to say only the abbreviated version] speaks of workers who are laboring for a wage, while the other speaks of workers who are working for their keep [and the latter may take longer in reciting the Prayer].
K. And [in proof of the foregoing distinction] has it not been taught on Tannaite authority: Workers who were at work at a household take time to recite the Shema and recite the benedictions before it and after it and eat their bread but do not recite a benediction before it but they do recite the benedictions after it, stating both required blessings. How so? They recite the first of the two blessings as it is laid down, and in the second one, one opens with a blessing for the Land, then including “who builds Jerusalem” in the blessing of the Land. Under what circumstances [does this rule apply]? It applies to workers who are working for a wage, but in the case of those who are working for their keep, or with whom the householder was joined in the meal, one says the entire blessing as it has been laid down. (trans. Neusner)

R. Yosef Karo codies the law in the Shulḥan Arukh (OH 110:2). The challenge is to translate his terms of reference to the modern workplace.

הפועלים שעושין מלאכה אצל בע”ה, אם אינו נותן להם שכר חוץ מסעודתן, מתפללין י”ח, אבל אין יורדין לפני התיבה ואין נושאין כפיהם; ואם נותן להם שכר, מתפללין הביננו. והאידנא, אין דרך להקפיד בכך, ומסתמא אדעתא דהכי משכירין אותם שיתפללו י”ח.

Workers who are working at the home of a homeowner, if he doesn’t give them a salary outside of meals, they pray the eighteen blessings [i.e. the amidah], but they do not act as a prayer nor do they recite the priestly blessing. If he gives them a salary, then they pray [the shortened prayer] haveneinu. At present, there is no way to be strict about this, and the default is that they are hired [with the understanding] that they will pray the eighteen blessings.

The Mishneh Berurah (sub. par. 12) attempted to find a balance between allowing a worker to fully participate in prayer, yet also not to take too much time away from his work:

שיתפללו י”ח – וה”ה כל נוסח התפילה כשאר כל אדם וכתב הלחם חמודות דה”ה שמותרים לילך לבהכ”נ להתפלל בעשרה ועיין במ”א דזה דוקא במקום שאין דרך בעלי בתים להקפיד בכך ומ”מ אין יורדין לפני התיבה כ”כ הפמ”ג ובפר”ח איתא דהאידנא יורדין ג”כ לפני התיבה ונ”ל דאין להחמיר אם עי”ז לא יתאחר הזמן יותר:

Other authorities emphasized that how workers should behave is determined by what is the accepted practice (“מנהג המקום”).

Israeli Law explicitly allows employers to have a break for prayer. In the Hours of Work and Rest Law (Sec. 20:4) it states the following:

עובד רשאי להתפלל במהלך יום עבודתו בהתאם לדרישות דתו; זמן התפילה ייקבע במקום העבודה בהתאם לצרכי העבודה ואילוציה, ובהתחשב בדרישות דתו של העובד.

A worker is permitted to pray during the day according to the requirements of his religion. The time of prayer will be determined in his workplace as is appropriate to the needs and exigencies of work, and taking into consideration the requirements of the worker’s religion. [trans. MM]

A summary of Israeli labor legislation regarding rest can be found here. An English translation of the law that is not entirely up to date can be found here. See here for a discussion (Hebrew) of how this clause was added to the original law from 1951 and a court case that addressed this question. According to the answer given at the above link, time for prayer should be separate from other breaks that employees are entitled to. For a contrary understanding of the law see this post (Hebrew) that feels that the law only requires that an employer allow an employee to pray, but that it be on his or her own free time. Also see this (Hebrew) opinion that seems to also feel that the prayer time should be part of an already allotted rest period.

Translation:

Fear Among Organized Crime Families: The Prosecutor’s Office Will Cancel the Permission to Pray with the Sinners.

My thesis in this book is simple. Jews pray every day in holy synagogues and in ordinary places throughout the world. When they do so, they engage in sacred rituals and they recite and sing and meditate prayers that derive from six archetypes. I invite you to meet the six personalities: the performer, the mystic, the scribe, the priest, the meditator and the celebrity.

This is not a book about the origins and historical development of Jewish liturgy, but rather about different templates of Jewish liturgy and the liturgical experience. Tzvee does not believe that Jewish prayer and its texts are uniform in either theology or medium, and we should learn to welcome this diversity. He invites people to come “to the synagogue to witness a rock festival with six bands performing.

Each presentation has its own sound, lyrics and style. I will show you in the coming chapters that, in the Siddur and the synagogue, I see a book and its performances that make up a complex set of multiple voices. Sometimes, the personalities behind those voices speak to one another or perform together. Oftentimes, they sing past one another, separately and apart.

I think that this is maybe the most important lesson of the book. There is an acknowledgement and welcoming of the diverse liturgical texts and experiences that Judaism has to offer.

The author’s interest is also not limited to the liturgy of the synagogue. There is a discussion of the Passover Seder and the myriad of blessings that a person can recite during the day. By expanding the borders of what is often thought of as Jewish liturgy, i.e. limited to what is recited in the synagogue, Tzvee opens up additional avenues for people to appreciate Jewish prayer and liturgy.

I recommend God’s Favorite Prayers to anyone who is looking for a book that will help him/her gain a greater appreciation and knowledge of the different Jewish liturgical experiences and possibilities that are available.

I sent Tzvee a number of questions that he was kind enough to answer.

Q: In your book you skillfully illustrate the different types of liturgical texts and experiences that are found in Judaism. Do you envision most people being able to identify with these different types concurrently, or will they find themselves drawn to certain experiences and texts more than others?

A: Worshippers ought to be educated to use the prayers of the various archetypes to evoke the varied elements of their spiritual personalities. In actuality, some people will be eclectic and some will be one dimensional. I do believe that every Jew has the potential to activate all six archetypes in a greater or lesser degree by tuning in to the contents of our masterpiece prayers in the siddur and the machzor.

Q: And what about you personally?

A: I identify more strongly with the Scribe and less so with the Celebrity. At times I am a Meditator, especially at the end of Yom Kippur. I write about my father who fit more into the Priest archetype. In a sense, I try to describe the genetic makeup of the Jewish soul as expressed in the prayers. The application of my framework will vary according to the time, place and person.

Q: What is your opinion about new liturgical texts? Are there any that you find meaningful, and if so, why?

A: On Tisha B’Av I use the version of the Nachem paragraph that Abraham Rosenfeld wrote after the Six Day War. I do hope that bringing more substantive focus to the emotional meanings of the prayers and to their “personalities” will enable us to revise and sharpen their dramatic spiritual impact.

The first is an instrumental version by Nikmat ha-Tractor (The Tractor’s Revenge). This version was released in 1990, years before modern renditions of piyyutim became very popular.

The second version is another instrumental version performed by Eli Dali.

This is by Koby Israelite with Mor Karbasi on lead vocals.

Dates: Mondays, September 19-October 3, 7:30-9:00pm
Location: Mechon Hadar, 190 Amsterdam Avenue (@69th Street)
Price: $5 per session, $10 for whole series

Can’t make it in person? Watch live on UStream.

Session I: Meaning (September 19, 2011)
Taught by Rabbi Elie Kaunfer

Is prayer meant to be read as prose or interpreted as poetry? This session will look at the many layers beneath the text of the siddur and the mahzor and see how words and phrases have the potential to unlock deeper meanings beneath the text. Take home a methodology that will open up new pathways to make meaning from the text of prayer.

Session II: Spirit (September 26, 2011)
Taught by Rabbi Elie Kaunfer

The words are only the beginnning. How loudly we say them, how we move, where we stand and the nature of our prayer space significantly impacts the prayer experience. We will explore all of these issues by examining traditional sources, with the goal of emerging with a greater consciousness of how aesthetics are critical to prayer.

Session III: Music (October 3, 2011)
Taught by Joey Weisenberg

The printed page only has a hope of penetrating to the soul through music. In this session, we will explore the ways in which music can not only enhance prayer, but build communities who truly know how to pray together.

In Jerusalem from Sept. 19-22 will be Festival ha-Piyyut. Here is a list of performances and the schedule can be found here.

For those who are able to attend, enjoy.