Contemplating: Is it a Form of Speaking?
There are a plethora of medical conditions and traumas that can, unfortunately, rob a person of speech. With this reality, a person has many difficulties interacting and communicating with others. Out of these many terrible implications for a mute, how does one go about mitzvos of Bein Adam L’Makom? What are ways that one can be yotzai tefilla and kriyas shema?
An ideal solution would be to have someone else be yotzai in these mitzvos. However, this is often not the most practical option, as being a shliach for someone requires many factors. However, a potential alternative approach one can use is the concept of Hirhur—the concept of thinking and contemplating the words of Tefila without enunciating them.
The Mishna in Brachos (20b) states that a Ba’al Keri (a person who experienced a seminal emission) can recite Kriyas Shema in his mind without reciting a Bracha before or after. There is a machlokes in the Gemara if the Mishna is establishing whether he can fulfill the mitzvah. The machlokes boils down to is Hirhur Kdibur (contemplating is considered receding the words out loud)? Rav Chisda explains that it must be Hirhur Lo Kdibur because how can a Baal Keri possibly recite Kriyas Shema in his state of tumah? Ravina holds that Hirhur Kdibur because the Mishnah states that the Baal Keri can utilize Hirhur to be Yotzai Kriyas Shema. The subject is discussed at length amongst the Rishonim and Achronim; however, the Rambam adopted by the Rema (O.C. 94:6 and M.B. ibid 21) establishes that under certain circumstances, one can be Yotzai Kriyas Shema with Hirhur Bdeived (I.e. hirhur kidibur bdeieved).
What are the above circumstances?
If one is a choleh (i.e., an ones) and in an area that is fit for Davening (i.e., not completely soiled by excrement or urine), he is Yotzei Bedi’eved. He would not need to Daven again, even if he recovers within the Zman Tefila, given that he was in a situation of Ones at that time (O.C. 62:4). The Mishna Berura (ibid. 9) adds further that if he is in a completely soiled area, he should not contemplate the text of kriyas shema but think of his obligation in the mitzvah. Hashem will see into his heart and grant him a reward for the thought.
However, let’s say time passes before the end of zman Kriyas Shema, and he is not considered an Ones; would he have to recite Shema again? It's a machlokes amongst poskim on interpreting the Shulchan Aruch’s Lashon. Is it that one is Yotzai with Hirhur Bdeived, or is it that it's a nice thing? The majority of poskim hold that one does not have to repeat it. Still, it is better to do so in order to satisfy the rulings of the Pri Chadash and Mishnah Berura. The Pri Chadash states that since me’Ikar haDin, a person does not fulfill his obligation through Hirhur (i.e. Hirhur Lo Kdibur), if the situation of Ones passes before the end of the Zman Krias Shema, he should recite it again, despite having already “recited” it through Hirhur. The Mishna Berura, as stated above, adds that the Shulchan Aruch’s ruling was not that it fulfilled the mitzvah but that one received a reward for having the thought.
Adapted from Rabbi Yossi Sprung on medicalhalacha.org