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==Introduction==
==Introduction==
The Talmud has several different statements about when the nighttime begins for all purposes including when Shabbat ends. The clearest  statement on the matter is that of Shmuel in Gemara Shabbat 35b; once three medium stars are visible in the sky it is considered night. This time period is called ''Tzeit Hakochavim'', the emergence of the stars. Though, there are multiple Gemaras that comment on the time span between sunset and Tzeit HaKochavim. The Gemara Shabbat 34b records the opinion of Rabbi Yehuda that night only begins after a period of twilight which elapses from ''shekiya'' (sunset) for another two thirds of a mil or three quarters of a mil. Additionally, Rabbi Yosi disagrees and thinks twilight is minimal, literally "the length of time it takes to bat an eyelash", though not precisely that amount of time. Finally, the Gemara Pesachim 94a indicates that nightfall doesn't begin until 4 mil after ''shekiya''. There are three main approaches in the rishonim and achronim as how to resolve these statements of the Talmud in a cohesive manner.  
The Talmud has several different statements about when the nighttime begins for all purposes including when Shabbat ends. The clearest  statement on the matter is that of Shmuel in Gemara Shabbat 35b; once three medium stars are visible in the sky it is considered night. This time period is called ''Tzeit Hakochavim'', the emergence of the stars. Though, there are multiple Gemaras that comment on the time span between sunset and Tzeit HaKochavim. The Gemara Shabbat 34b records the opinion of Rabbi Yehuda that night only begins after a period of twilight which elapses from ''shekiya'' (sunset) for another two thirds of a mil or three quarters of a mil. Additionally, Rabbi Yosi disagrees and thinks twilight is minimal, literally "the length of time it takes to bat an eyelash", though not precisely that amount of time. Finally, the Gemara Pesachim 94a indicates that nightfall doesn't begin until 4 mil after ''shekiya''. There are three main approaches in the rishonim and achronim as how to resolve these statements of the Talmud in a cohesive manner.  
 
===Rabbenu Tam's Answer===
Rabbenu Tam<ref>Tosfot Pesachim 94a s.v. Rabbi Yehuda, [[Tosafot]] on Shabbat 35a, [https://www.hebrewbooks.org/pdfpager.aspx?req=47991&st=&pgnum=333 Sefer HaYashar 221])</ref> held that there are two ''shekiya's''; the first is astronomical sunset and afterwards it is nighttime for korbanot purposes, but otherwise it is still day until the second ''shekiya'', which occurs three and a quarter mil after sunset. Then there is a duration of twilight of Rabbi Yehuda that is at most three quarters of a mil. For all purposes besides korbanot nighttime begins four mil after shekiya. This is also the understanding of most rishonim and Shulchan Aruch. This method would not allow relying on the emergence of stars method because the stars under discussion are subject to interpretation.<ref>The Bei'ur Halacha (293:1 s.v. ad cites the Minchat Cohen who is of the opinion that even Rabbeinu Tam, who holds that Shabbat should end 72 minutes after sunset (the time it takes to walk 4 mil), would concede that if three small stars in close proximity to each other are visible, Shabbat is over even if 72 minutes have not yet elapsed. This is in contrast to Rav Ovadia Yosef (Shu"t Yabia Omer 2:21) and the Orot HaChaim's opinion that Rabbeinu Tam and Shulchan Aruch are really stating the same position. The Orot HaChaim explains that the stars being mentioned in the Shulchan Aruch are ones that are closer to the western horizon where the sun sets, which apparently take longer to become visible.</ref> Those who rely upon that are described below. Rabbenu Tam's approach is subject to further debate as how to understand the time of four mil, whether it is measured in fixed minutes,<ref>Biur Halacha 261:2 s.v. sh'hu citing the Pri Megadim</ref> seasonal minutes (shaot zmaniyot),<ref>Biur Halacha 261:2 s.v. sh'hu citing Minchat Cohen and Biur Halacha concurs.</ref> or astronomical degrees.  
Rabbenu Tam<ref>Tosfot Pesachim 94a s.v. Rabbi Yehuda, [[Tosafot]] on Shabbat 35a, [https://www.hebrewbooks.org/pdfpager.aspx?req=47991&st=&pgnum=333 Sefer HaYashar 221])</ref> held that there are two ''shekiya's''; the first is astronomical sunset and afterwards it is nighttime for korbanot purposes, but otherwise it is still day until the second ''shekiya'', which occurs three and a quarter mil after sunset. Then there is a duration of twilight of Rabbi Yehuda that is at most three quarters of a mil. For all purposes besides korbanot nighttime begins four mil after shekiya. This is also the understanding of most rishonim and Shulchan Aruch. This method would not allow relying on the emergence of stars method because the stars under discussion are subject to interpretation.<ref>The Bei'ur Halacha (293:1 s.v. ad cites the Minchat Cohen who is of the opinion that even Rabbeinu Tam, who holds that Shabbat should end 72 minutes after sunset (the time it takes to walk 4 mil), would concede that if three small stars in close proximity to each other are visible, Shabbat is over even if 72 minutes have not yet elapsed. This is in contrast to Rav Ovadia Yosef (Shu"t Yabia Omer 2:21) and the Orot HaChaim's opinion that Rabbeinu Tam and Shulchan Aruch are really stating the same position. The Orot HaChaim explains that the stars being mentioned in the Shulchan Aruch are ones that are closer to the western horizon where the sun sets, which apparently take longer to become visible.</ref> Those who rely upon that are described below. Rabbenu Tam's approach is subject to further debate as how to understand the time of four mil, whether it is measured in fixed minutes,<ref>Biur Halacha 261:2 s.v. sh'hu citing the Pri Megadim</ref> seasonal minutes (shaot zmaniyot),<ref>Biur Halacha 261:2 s.v. sh'hu citing Minchat Cohen and Biur Halacha concurs.</ref> or astronomical degrees.  
 
===Vilna Goan's Answer===
The Vilna Goan (Gra)<ref>Biur HaGra OC 261:12</ref> explained that the Gemara Pesachim 94a was merely describing a time of night for when travelers could no longer travel. However, for halachic purposes nightfall begins after the twilight, which is three quarters mil. Similarly, this interpretation is subject to further debate as how to understand the time of four mil, whether it is measured in seasonal minutes (shaot zmaniyot) or astronomical degrees. No one who accepts the opinion of the Gra assumes that it is fixed minutes.<ref>Gra 261:12 at the beginning notes that all of the times in the Gemara are all according to the sun appears on the horizon in Bavel and it would need to be extrapolated to the rest of the world. Biur Halacha 261:2 s.v. sh'hu in citing the Gra, Magen Avraham, and Minchat Cohen clearly and explicitly interprets that the Gra would voche for shaot zmaniyot, seasonal minutes. However, based on Rabbi Belsky [https://www.myzmanim.com/read/degrees.aspx myzmanim.com ("Degrees" accessed August 5 2020)] there is another approach that calculates the times for the Vilna Goan based on degrees below horizon. As opposed to shaot zmaniyot which takes into account the season or the year, degrees below horizon takes into account the latitude of location in question, though not the longitude or season of the year. This is also the view of Rav Hershel Schachter and Rabbi Levy in Zmanim Bhalacha.
The Vilna Goan (Gra)<ref>Biur HaGra OC 261:12</ref> explained that the Gemara Pesachim 94a was merely describing a time of night for when travelers could no longer travel. However, for halachic purposes nightfall begins after the twilight, which is three quarters mil. Similarly, this interpretation is subject to further debate as how to understand the time of four mil, whether it is measured in seasonal minutes (shaot zmaniyot) or astronomical degrees. No one who accepts the opinion of the Gra assumes that it is fixed minutes.<ref>Gra 261:12 at the beginning notes that all of the times in the Gemara are all according to the sun appears on the horizon in Bavel and it would need to be extrapolated to the rest of the world. Biur Halacha 261:2 s.v. sh'hu in citing the Gra, Magen Avraham, and Minchat Cohen clearly and explicitly interprets that the Gra would voche for shaot zmaniyot, seasonal minutes. However, based on Rabbi Belsky [https://www.myzmanim.com/read/degrees.aspx myzmanim.com ("Degrees" accessed August 5 2020)] there is another approach that calculates the times for the Vilna Goan based on degrees below horizon. As opposed to shaot zmaniyot which takes into account the season or the year, degrees below horizon takes into account the latitude of location in question, though not the longitude or season of the year. This is also the view of Rav Hershel Schachter and Rabbi Levy in Zmanim Bhalacha.
*Zmanim KHalacha p. 43 quotes Hacham Ovadia as holding that the minutes for [[Alot HaShachar]] do not depend on location but rather shaot zmaniyot. Rabbi Yehuda Levi, author of Zmanim KHalacha, argues with Hacham Ovadia on the same page. He writes that the 72 minutes are not calculated based on the shaot zmaniot and do depend on current location. Rabbi Levi's difficulties stem from the [[Rambam]]'s language and astronomic calculation. In the Peirush HaMishnah to Berachot (1:1), Rambam uses a unique Arabic term when referring to [[Alot HaShachar]], one that is not used in reference to zman Kriyat Shema (Berachot 1:5) or a the time of a mil (Pesachim 3:2). Furthermore, in the winter, it starts to become light earlier than it starts to become light in the spring and the fall, despite having shorter shaot zmaniot in the winter; given this reality, it is difficult to justify calculating [[Alot HaShachar]] strictly according to shaot zmaniot. Therefore, Rabbi Levi maintains that [[Alot HaShachar]]'s calculation is determined by degrees below the horizon. </ref>
*Zmanim KHalacha p. 43 quotes Hacham Ovadia as holding that the minutes for [[Alot HaShachar]] do not depend on location but rather shaot zmaniyot. Rabbi Yehuda Levi, author of Zmanim KHalacha, argues with Hacham Ovadia on the same page. He writes that the 72 minutes are not calculated based on the shaot zmaniot and do depend on current location. Rabbi Levi's difficulties stem from the [[Rambam]]'s language and astronomic calculation. In the Peirush HaMishnah to Berachot (1:1), Rambam uses a unique Arabic term when referring to [[Alot HaShachar]], one that is not used in reference to zman Kriyat Shema (Berachot 1:5) or a the time of a mil (Pesachim 3:2). Furthermore, in the winter, it starts to become light earlier than it starts to become light in the spring and the fall, despite having shorter shaot zmaniot in the winter; given this reality, it is difficult to justify calculating [[Alot HaShachar]] strictly according to shaot zmaniot. Therefore, Rabbi Levi maintains that [[Alot HaShachar]]'s calculation is determined by degrees below the horizon. </ref>
 
===Rav Tukachinsky's Approach===
Rabbi Yechiel Michel Tukachinsky<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=6656&pgnum=30 Ben Hashemashot 2:8 p. 29]</ref> disagreed with the earlier approaches that used either time based methods of four mil or three quarter mil. With respect to the Gemara Pesachim he accepted the Vilna Goan's argument that it wasn't relevant to the determination of halachic night. Also, he understood that really Rabbi Yosi's twilight starts slightly later than that of Rabbi Yehuda's twilight. The only method that a person could use to calculate when night begins is the emergence of three stars.<ref>Tosfot Shabbat 35b s.v. elah’s asks why Shmuel needed to state that the halacha follows Rabbi Yosi with respect to the kohanim not being able to eat trumah if the only discrepancy between Rabbi Yehuda and Rabbi Yosi is minimal, the bat of an eye. Tosfot answers that in fact Rabbi Yosi’s Ben Hashemashot doesn’t begin immediately after Rabbi Yehuda’s, it only begins a little bit or much later. Gra OC 261:12 at the end argues that the Gemara Shabbat 35a is pretty clear that in fact Rabbi Yosi’s Ben Hashemashot starts immediately after that of Rabbi Yehuda’s. Rather the answer to Tosfot’s question is that kohanim can eat Trumah during Ben Hashemashot, however, since we follow Rabbi Yosi they can’t eat until after Rabbi Yehuda’s Ben Hashemashot. Rabbi Yechiel Michel Tukachinsky in Sefer Ben Hashemashot 2:8 notes that the Gra’s opinion is against almost all the rishonim and our text of the Gemara, which the Gra needed to emend. Accordingly he rejects the conclusion of the Gra and sides with Tosfot and others that the Ben Hashemashot of Rabbi Yosi is not immediately after that of Rabbi Yehuda’s. In fact it starts a while later. Therefore, he holds that nighttime begins with the emergence of three stars and is irrelevant to the Ben Hashemashot of 3/4 mil elapsing.</ref> To literally look up at the stars and decide when Shabbat is over could only be applied practically by someone who is an expert in this area as there are many preconditions to using this method and their determinations are complex.<ref>Biur Halacha 293:2 s.v. shiyru concludes that someone who isn't an expert in the matter of determining when the sky is equally dark on the Western side and that it isn't a cloudy day in order to then check when three stars emerge should not rely on this method. Furthermore, in Biur Halacha 261:2 s.v. sh'hu writes that only on the days when it is very long to follow the 4 mil of Rabbenu Tam according to shaot zmaniyot then one can rely upon the method looking at the stars with all of its conditions. Nonetheless, in Biur Halacha 293:2 s.v. ad he directly asks the question as to why Shulchan Aruch cites both the opinion of Rabbenu Tam that one must wait four mil and also the emergence of the stars method from the gemara. He first answers that if someone doesn't know when four mil elapses such as if he doesn't have a watch then he can use the stars method, however, if he knows he must wait four mil even after the stars emerged. Alternatively, he cites the Minchat Cohen who says that even Rabbenu Tam  would allow breaking Shabbat after the emergence of stars if that were to happen before four mil. Biur Halacha ends by saying that even the Minchat Cohen would concede that it is proper to wait for the Gra's condition that the Western part of the sky be darkened equally since it is within 4 mil. Besides this statement he does not give any statement whether one should rely on the Minchat Cohen. (See Dirshu 293:9 who quotes the Biur Halacha 261:2 s.v. sh'hu to be suggesting always to wait for four mil initially and not rely on the stars method. However, from seeing the language of that Biur Halacha as well as the one in 293:2 s.v. ad their interpretation seems questionable.)</ref> These include: the stars need to be in close proximity and not spread out,<ref>Shulchan Aruch Orach Chaim 293:2 based on Ran and Yerushalmi</ref> they need to be small stars,<ref>Shulchan Aruch Orach Chaim 293:2. Mishna Brurah 293:3 explains that although in theory three medium stars suffices but since no one today is enough of an expert to make such a determination we need to use three small stars. Mishna Brurah 293:4 cites the Tiferet Yisrael Shabbat ch. 2 that in addition to three small stars one needs to see three medium stars, however the Mishna Brurah proceeds to challenges this. He concludes that if one follows the Gra in Likutim that the sky needs to be dark to the point that the entire Western side is equally dark and not red at all then one need not be concerned for the Tiferet Yisrael.</ref> the three stars can only be relied upon if the Western part of the sky has darkened to the point that the area right above the horizon is as dark as the area far above the horizon.<ref>Mishna Brurah 293:4 citing the Gra in Likutim, Biur Halacha 293:2 s.v. ad, Biur Halacha 261:2 s.v. sh'hu </ref> Nonetheless, only an The best way to apply this opinion is to take the determination of when stars are visible by an expert and then extrapolate based on degrees below horizon to the rest of the world.
Rabbi Yechiel Michel Tukachinsky<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=6656&pgnum=30 Ben Hashemashot 2:8 p. 29]</ref> disagreed with the earlier approaches that used either time based methods of four mil or three quarter mil. With respect to the Gemara Pesachim he accepted the Vilna Goan's argument that it wasn't relevant to the determination of halachic night. Also, he understood that really Rabbi Yosi's twilight starts slightly later than that of Rabbi Yehuda's twilight. The only method that a person could use to calculate when night begins is the emergence of three stars.<ref>Tosfot Shabbat 35b s.v. elah’s asks why Shmuel needed to state that the halacha follows Rabbi Yosi with respect to the kohanim not being able to eat trumah if the only discrepancy between Rabbi Yehuda and Rabbi Yosi is minimal, the bat of an eye. Tosfot answers that in fact Rabbi Yosi’s Ben Hashemashot doesn’t begin immediately after Rabbi Yehuda’s, it only begins a little bit or much later. Gra OC 261:12 at the end argues that the Gemara Shabbat 35a is pretty clear that in fact Rabbi Yosi’s Ben Hashemashot starts immediately after that of Rabbi Yehuda’s. Rather the answer to Tosfot’s question is that kohanim can eat Trumah during Ben Hashemashot, however, since we follow Rabbi Yosi they can’t eat until after Rabbi Yehuda’s Ben Hashemashot. Rabbi Yechiel Michel Tukachinsky in Sefer Ben Hashemashot 2:8 notes that the Gra’s opinion is against almost all the rishonim and our text of the Gemara, which the Gra needed to emend. Accordingly he rejects the conclusion of the Gra and sides with Tosfot and others that the Ben Hashemashot of Rabbi Yosi is not immediately after that of Rabbi Yehuda’s. In fact it starts a while later. Therefore, he holds that nighttime begins with the emergence of three stars and is irrelevant to the Ben Hashemashot of 3/4 mil elapsing.</ref> To literally look up at the stars and decide when Shabbat is over could only be applied practically by someone who is an expert in this area as there are many preconditions to using this method and their determinations are complex.<ref>Biur Halacha 293:2 s.v. shiyru concludes that someone who isn't an expert in the matter of determining when the sky is equally dark on the Western side and that it isn't a cloudy day in order to then check when three stars emerge should not rely on this method. Furthermore, in Biur Halacha 261:2 s.v. sh'hu writes that only on the days when it is very long to follow the 4 mil of Rabbenu Tam according to shaot zmaniyot then one can rely upon the method looking at the stars with all of its conditions. Nonetheless, in Biur Halacha 293:2 s.v. ad he directly asks the question as to why Shulchan Aruch cites both the opinion of Rabbenu Tam that one must wait four mil and also the emergence of the stars method from the gemara. He first answers that if someone doesn't know when four mil elapses such as if he doesn't have a watch then he can use the stars method, however, if he knows he must wait four mil even after the stars emerged. Alternatively, he cites the Minchat Cohen who says that even Rabbenu Tam  would allow breaking Shabbat after the emergence of stars if that were to happen before four mil. Biur Halacha ends by saying that even the Minchat Cohen would concede that it is proper to wait for the Gra's condition that the Western part of the sky be darkened equally since it is within 4 mil. Besides this statement he does not give any statement whether one should rely on the Minchat Cohen. (See Dirshu 293:9 who quotes the Biur Halacha 261:2 s.v. sh'hu to be suggesting always to wait for four mil initially and not rely on the stars method. However, from seeing the language of that Biur Halacha as well as the one in 293:2 s.v. ad their interpretation seems questionable.)</ref> These include: the stars need to be in close proximity and not spread out,<ref>Shulchan Aruch Orach Chaim 293:2 based on Ran and Yerushalmi</ref> they need to be small stars,<ref>Shulchan Aruch Orach Chaim 293:2. Mishna Brurah 293:3 explains that although in theory three medium stars suffices but since no one today is enough of an expert to make such a determination we need to use three small stars. Mishna Brurah 293:4 cites the Tiferet Yisrael Shabbat ch. 2 that in addition to three small stars one needs to see three medium stars, however the Mishna Brurah proceeds to challenges this. He concludes that if one follows the Gra in Likutim that the sky needs to be dark to the point that the entire Western side is equally dark and not red at all then one need not be concerned for the Tiferet Yisrael.</ref> the three stars can only be relied upon if the Western part of the sky has darkened to the point that the area right above the horizon is as dark as the area far above the horizon.<ref>Mishna Brurah 293:4 citing the Gra in Likutim, Biur Halacha 293:2 s.v. ad, Biur Halacha 261:2 s.v. sh'hu </ref> Nonetheless, only an The best way to apply this opinion is to take the determination of when stars are visible by an expert and then extrapolate based on degrees below horizon to the rest of the world.


Revision as of 15:52, 5 August 2020

Twilight.jpg

There are a number of different positions regarding how much time after sunset on Shabbat day does Shabbat end.

Introduction

The Talmud has several different statements about when the nighttime begins for all purposes including when Shabbat ends. The clearest statement on the matter is that of Shmuel in Gemara Shabbat 35b; once three medium stars are visible in the sky it is considered night. This time period is called Tzeit Hakochavim, the emergence of the stars. Though, there are multiple Gemaras that comment on the time span between sunset and Tzeit HaKochavim. The Gemara Shabbat 34b records the opinion of Rabbi Yehuda that night only begins after a period of twilight which elapses from shekiya (sunset) for another two thirds of a mil or three quarters of a mil. Additionally, Rabbi Yosi disagrees and thinks twilight is minimal, literally "the length of time it takes to bat an eyelash", though not precisely that amount of time. Finally, the Gemara Pesachim 94a indicates that nightfall doesn't begin until 4 mil after shekiya. There are three main approaches in the rishonim and achronim as how to resolve these statements of the Talmud in a cohesive manner.

Rabbenu Tam's Answer

Rabbenu Tam[1] held that there are two shekiya's; the first is astronomical sunset and afterwards it is nighttime for korbanot purposes, but otherwise it is still day until the second shekiya, which occurs three and a quarter mil after sunset. Then there is a duration of twilight of Rabbi Yehuda that is at most three quarters of a mil. For all purposes besides korbanot nighttime begins four mil after shekiya. This is also the understanding of most rishonim and Shulchan Aruch. This method would not allow relying on the emergence of stars method because the stars under discussion are subject to interpretation.[2] Those who rely upon that are described below. Rabbenu Tam's approach is subject to further debate as how to understand the time of four mil, whether it is measured in fixed minutes,[3] seasonal minutes (shaot zmaniyot),[4] or astronomical degrees.

Vilna Goan's Answer

The Vilna Goan (Gra)[5] explained that the Gemara Pesachim 94a was merely describing a time of night for when travelers could no longer travel. However, for halachic purposes nightfall begins after the twilight, which is three quarters mil. Similarly, this interpretation is subject to further debate as how to understand the time of four mil, whether it is measured in seasonal minutes (shaot zmaniyot) or astronomical degrees. No one who accepts the opinion of the Gra assumes that it is fixed minutes.[6]

Rav Tukachinsky's Approach

Rabbi Yechiel Michel Tukachinsky[7] disagreed with the earlier approaches that used either time based methods of four mil or three quarter mil. With respect to the Gemara Pesachim he accepted the Vilna Goan's argument that it wasn't relevant to the determination of halachic night. Also, he understood that really Rabbi Yosi's twilight starts slightly later than that of Rabbi Yehuda's twilight. The only method that a person could use to calculate when night begins is the emergence of three stars.[8] To literally look up at the stars and decide when Shabbat is over could only be applied practically by someone who is an expert in this area as there are many preconditions to using this method and their determinations are complex.[9] These include: the stars need to be in close proximity and not spread out,[10] they need to be small stars,[11] the three stars can only be relied upon if the Western part of the sky has darkened to the point that the area right above the horizon is as dark as the area far above the horizon.[12] Nonetheless, only an The best way to apply this opinion is to take the determination of when stars are visible by an expert and then extrapolate based on degrees below horizon to the rest of the world.

Emergence of the Stars (Rav Tukachinsky)

According to this position, anything that is stipulated in the Gemara (see below) about the amount of time between sunset and Tzeit HaKochavim is only applicable to Bavel (Babylonia) and Israel during the Tishrei and Nissan equinoxes, not for the rest of the world nor during any other time of the year. The astronomical method uses the time that it takes to see the three small stars in Israel and the position of the sun at this time to extrapolate a calculation for when Shabbat should end for the rest of the world. In Jerusalem, during the Tishrei and Nissan equinoxes, it takes approximately 32 minutes in the winter and 38 minutes in the summer (in the United States and Europe, 50-60 minutes[13]) after sunset to see these three stars in the sky. At this time, the sun has set 8.5 degrees below the horizon. Therefore, Shabbat ends when the sun has set 8.5 degrees below the horizon in every other location in the world at any other time during the year [14][15]

The amount of time it will take for the sun to set 8.5 degrees varies by locale, and, therefore, the time between sunset and Tzeit HaKochavim is not uniform across different regions.

Four Mil (Rabbeinu Tam)

The Astronomical Method (As Degrees)

Based on the Gemara's above there are a number of Rishonim that try to reconcile the different statements, the most notable of the opinions being that of Rabbeinu Tam who concludes that there is not one but two sunsets that halacha recognizes. The first of them is the natural sunset, which marks the beginning of the sun's setting. Then, 3.25 mil later, a second, halachic, sunset occurs, lasting for 0.75 mil, after which is Tzeit HaKochavim. The first 3.25 mil, for halachic purposes, is completely considered halachic day as there is still some daylight in the sky[16], while the final 0.75 mil is ambiguous as to whether is considered halachic day or night (Bein HaShemashot) since the light is diminished. The Gemara in Pesachim is referring to the time between the first sunset and Tzeit HaKochavim and the Gemara in Shabbat is referring to the time between the second sunset and Tzeit HaKochavim.

For those who follow Rabbeinu Tam's position, Tzeit HaKochavim and the end of Shabbat occur at a uniform 4 mil after natural sunset for all locales.[17] The only difference among the different interpretations of Rabbeinu Tam's position is how long to define a mil, which has ramifications for how long 4 mil would be and when Shabbat would end.

Those who accept Rabbenu Tam's position include at least 20 rishonim: Tosfot (Pesachim 94a s.v. Rabbi Yehuda, Shabbat 35a s.v. Trei, and Zevachim 56a s.v. minayin), Ramban (Torat Haadam Avelut Yeshana n. 105 s.v. vrayiti), Maggid Mishna (Shabbat 5:4), Ran (on Rif Shabbat 15a), Sefer Hatrumah (Hilchot Tefillin) and Shulchan Aruch O.C. 261:2. Yabia Omer OC 2:21:1-3 also cites that this is the position of the Ran Yoma 81b, Ritva Shabbat 35a, Meiri Shabbat 35a, Smag Asin 32, Roke'ach 51, Mordechai Shabbat 35a, Rashba Brachot 2b, Orchot Chaim Yom Kippurim n. 3 citing Rav Hai Goan, Baal Hameor Brachot beginning and Arvei Pesachim s.v. Rav Chinana, Raah on Brachot 27a, Ohel Moed Shabbat 2:7, Rabbenu Peretz on Smak 96, Rosh Tanit 1:12, Rosh Yoma 8:8, and Tosfot Harosh Brachot 2b. In Chazon Ovadia Shabbat v. 1 p. 269 he adds the Raavad, Raavan respona 2, and Rabbenu Yerucham.

Shaot Zmaniyot

Fixed Minutes

Interpretations and Derivatives of Rabbeinu Tam's Position

  • The most standard of these positions is that a mil is 18 minutes.[18] Therefore, communities should end Shabbat 72 minutes after natural sunset.[19]
  • Others interpret Rabbeinu Tam slightly differently and state that Tzeit HaKochavim occurs not 72 natural minutes but 72 halachic minutes (1.2 halachic hours per Sha'ot Zemaniot)[20] after natural sunset. [21]
  • There are those fundamentally agree with Rabbeinu Tam's 4 mil opinion, but define a mil as more than 18 minutes. Some define a mil as 22.5 minutes, making Tzeit HaKochavim 90 minutes after sunset. Others define a mil as 24 minutes, making Shabbat end 96 minutes after sunset.[22] Finally, some of those of who hold of a 24 minute mil maintain Tzeit HaKochavim occurs two hours after sunset. [23]

Three Quarter Mil (Gra)

According to Degrees

The other major position that sought to resolve the contradiction in Gemaras was that of the Geonim and the Vilna Gaon (Gr"a) who held that there is only one halachic sunset, which occurs at natural sunset. The 0.75 mil the Gemara was referring to is the time that it takes 3 medium sized stars to appear in the sky, which is nighttime on a Torah level. We are then required to wait longer until 3 small stars appear[24] to appear to end Shabbat. When the Gemara was speaking about 4 mil, it is referring to when all the stars appear in the sky, which does not have halachic significance.[25] This position maintains that Tzeit HaKochavim occurs at a time before the 4 mil presented by Rabbeinu Tam. Many Rishonim and Geonim agree with the opinion of the Vilna Goan including the Ri[26] and Rambam.[27]

According to Shaot Zmaniyot

Halacha

  • Many shuls have the custom to wait 40-42 minutes after sunset to end Shabbat.[28]
  • Rav Moshe Feinstein held that Shabbat ends at a maximum of 50 minutes after sunset as by then, the stars that will usually appear in the night sky are out by then.[29]
  • There are poskim that made pesakim for the land of Israel specifically. The more lenient positions held that Shabbat ends 24 minutes after sunset in the winter and 30 in the summer in Israel.[30] Those who were more stringent held that Shabbat should end 45-50 minutes after sunset in Israel.[31]
  • Rav Yosef Dov HaLevi Soloveitchik (1903-1993) held that Shabbat ends 30 minutes after sunset for New York and Boston, though he privately would wait longer. [32]

Asking Someone Else to Do Melacha

  1. According to Sephardim, it is permitted for someone who keeps Rabbenu Tam time to ask someone who doesn't keep Rabbenu Tam time to do Melacha for him.[33]

Sources

  1. ↑ Tosfot Pesachim 94a s.v. Rabbi Yehuda, Tosafot on Shabbat 35a, Sefer HaYashar 221)
  2. ↑ The Bei'ur Halacha (293:1 s.v. ad cites the Minchat Cohen who is of the opinion that even Rabbeinu Tam, who holds that Shabbat should end 72 minutes after sunset (the time it takes to walk 4 mil), would concede that if three small stars in close proximity to each other are visible, Shabbat is over even if 72 minutes have not yet elapsed. This is in contrast to Rav Ovadia Yosef (Shu"t Yabia Omer 2:21) and the Orot HaChaim's opinion that Rabbeinu Tam and Shulchan Aruch are really stating the same position. The Orot HaChaim explains that the stars being mentioned in the Shulchan Aruch are ones that are closer to the western horizon where the sun sets, which apparently take longer to become visible.
  3. ↑ Biur Halacha 261:2 s.v. sh'hu citing the Pri Megadim
  4. ↑ Biur Halacha 261:2 s.v. sh'hu citing Minchat Cohen and Biur Halacha concurs.
  5. ↑ Biur HaGra OC 261:12
  6. ↑ Gra 261:12 at the beginning notes that all of the times in the Gemara are all according to the sun appears on the horizon in Bavel and it would need to be extrapolated to the rest of the world. Biur Halacha 261:2 s.v. sh'hu in citing the Gra, Magen Avraham, and Minchat Cohen clearly and explicitly interprets that the Gra would voche for shaot zmaniyot, seasonal minutes. However, based on Rabbi Belsky myzmanim.com ("Degrees" accessed August 5 2020) there is another approach that calculates the times for the Vilna Goan based on degrees below horizon. As opposed to shaot zmaniyot which takes into account the season or the year, degrees below horizon takes into account the latitude of location in question, though not the longitude or season of the year. This is also the view of Rav Hershel Schachter and Rabbi Levy in Zmanim Bhalacha.
    • Zmanim KHalacha p. 43 quotes Hacham Ovadia as holding that the minutes for Alot HaShachar do not depend on location but rather shaot zmaniyot. Rabbi Yehuda Levi, author of Zmanim KHalacha, argues with Hacham Ovadia on the same page. He writes that the 72 minutes are not calculated based on the shaot zmaniot and do depend on current location. Rabbi Levi's difficulties stem from the Rambam's language and astronomic calculation. In the Peirush HaMishnah to Berachot (1:1), Rambam uses a unique Arabic term when referring to Alot HaShachar, one that is not used in reference to zman Kriyat Shema (Berachot 1:5) or a the time of a mil (Pesachim 3:2). Furthermore, in the winter, it starts to become light earlier than it starts to become light in the spring and the fall, despite having shorter shaot zmaniot in the winter; given this reality, it is difficult to justify calculating Alot HaShachar strictly according to shaot zmaniot. Therefore, Rabbi Levi maintains that Alot HaShachar's calculation is determined by degrees below the horizon.
  7. ↑ Ben Hashemashot 2:8 p. 29
  8. ↑ Tosfot Shabbat 35b s.v. elah’s asks why Shmuel needed to state that the halacha follows Rabbi Yosi with respect to the kohanim not being able to eat trumah if the only discrepancy between Rabbi Yehuda and Rabbi Yosi is minimal, the bat of an eye. Tosfot answers that in fact Rabbi Yosi’s Ben Hashemashot doesn’t begin immediately after Rabbi Yehuda’s, it only begins a little bit or much later. Gra OC 261:12 at the end argues that the Gemara Shabbat 35a is pretty clear that in fact Rabbi Yosi’s Ben Hashemashot starts immediately after that of Rabbi Yehuda’s. Rather the answer to Tosfot’s question is that kohanim can eat Trumah during Ben Hashemashot, however, since we follow Rabbi Yosi they can’t eat until after Rabbi Yehuda’s Ben Hashemashot. Rabbi Yechiel Michel Tukachinsky in Sefer Ben Hashemashot 2:8 notes that the Gra’s opinion is against almost all the rishonim and our text of the Gemara, which the Gra needed to emend. Accordingly he rejects the conclusion of the Gra and sides with Tosfot and others that the Ben Hashemashot of Rabbi Yosi is not immediately after that of Rabbi Yehuda’s. In fact it starts a while later. Therefore, he holds that nighttime begins with the emergence of three stars and is irrelevant to the Ben Hashemashot of 3/4 mil elapsing.
  9. ↑ Biur Halacha 293:2 s.v. shiyru concludes that someone who isn't an expert in the matter of determining when the sky is equally dark on the Western side and that it isn't a cloudy day in order to then check when three stars emerge should not rely on this method. Furthermore, in Biur Halacha 261:2 s.v. sh'hu writes that only on the days when it is very long to follow the 4 mil of Rabbenu Tam according to shaot zmaniyot then one can rely upon the method looking at the stars with all of its conditions. Nonetheless, in Biur Halacha 293:2 s.v. ad he directly asks the question as to why Shulchan Aruch cites both the opinion of Rabbenu Tam that one must wait four mil and also the emergence of the stars method from the gemara. He first answers that if someone doesn't know when four mil elapses such as if he doesn't have a watch then he can use the stars method, however, if he knows he must wait four mil even after the stars emerged. Alternatively, he cites the Minchat Cohen who says that even Rabbenu Tam would allow breaking Shabbat after the emergence of stars if that were to happen before four mil. Biur Halacha ends by saying that even the Minchat Cohen would concede that it is proper to wait for the Gra's condition that the Western part of the sky be darkened equally since it is within 4 mil. Besides this statement he does not give any statement whether one should rely on the Minchat Cohen. (See Dirshu 293:9 who quotes the Biur Halacha 261:2 s.v. sh'hu to be suggesting always to wait for four mil initially and not rely on the stars method. However, from seeing the language of that Biur Halacha as well as the one in 293:2 s.v. ad their interpretation seems questionable.)
  10. ↑ Shulchan Aruch Orach Chaim 293:2 based on Ran and Yerushalmi
  11. ↑ Shulchan Aruch Orach Chaim 293:2. Mishna Brurah 293:3 explains that although in theory three medium stars suffices but since no one today is enough of an expert to make such a determination we need to use three small stars. Mishna Brurah 293:4 cites the Tiferet Yisrael Shabbat ch. 2 that in addition to three small stars one needs to see three medium stars, however the Mishna Brurah proceeds to challenges this. He concludes that if one follows the Gra in Likutim that the sky needs to be dark to the point that the entire Western side is equally dark and not red at all then one need not be concerned for the Tiferet Yisrael.
  12. ↑ Mishna Brurah 293:4 citing the Gra in Likutim, Biur Halacha 293:2 s.v. ad, Biur Halacha 261:2 s.v. sh'hu
  13. ↑ Shu"t Igrot Moshe, Orach Chaim 4:62
  14. ↑ Rabbi Yechiel Michel Tukachinsky, Sefer Bein HaShemashot. Berur Halacha (Zilber) Tinyana Siman.
  15. ↑ In the New York area, this usually takes approximately 40 minutes after sunset at the equinox, and as much as 51 minutes during the summer.
  16. ↑ Under the 18 minute definition of a mil, this would consider halachic day to last until 58.5 minutes after natural sunset. Because of this, Chassidic communities that held like Rabbeinu Tam in Europe continued to do melacha even after natural sunset on Friday evening in America, because, for them, Shabbat had not started yet. Such a practice was contrary to the practice of the rest of the Orthodox community in America, as everyone else stopped doing melacha at natural sunset. Upon the controversy that ensued, Rav Aharon Kotler forged an agreement with these communities that they would begin Shabbat with everyone else at natural sunset.
  17. ↑ Teshuvot V'Hanhagot 1:268
  18. ↑ Based on Shulchan Aruch, Orach Chaim Siman 459:2
  19. ↑ 18 min/mil x 4 mil = 72 mins.
    This was the position advocated by R' Moshe Feinstein for Bnei Torah (even though he said 50 minutes was sufficient).
  20. ↑ 72 mins/(60 mins/hr) = 1.2 halachic hours.
    To determine how much time this is in natural time, divide the total number of minutes of sunlight that occurred that day (dawn to sunset) by 12, yielding the amount of minutes in an halachic hour on that particular day. Multiply the solution by 1.2 to determine how many minutes after natural sunset Shabbat should end.
  21. ↑ This was the custom of Brisk, based on a letter from the Chofetz Chaim brought in the Sefer Birur Halacha Tinyana, as well as the position of Rav Ovadia Yosef (Yalkut Yosef 293:3, Zmanim K'Halacha, page 43).
  22. ↑ 96 minutes- Satmar Rebbe (Zemirot Divrei Yoel) and Shu"t Beit Avi (3:117)
  23. ↑ Uvdot V'Hanhagot L'Beit Brisk (Vol. 4, page 54) in the name of the Brisker Rav. This position is based on the Rambam's position that a mil is 24 minutes and on those who maintain there are not four but five mil for Tzeit HaKochavim.
    24 mins/mil * 5 mil= 120 mins
  24. ↑ Shulchan Aruch, Orach Chaim 293:3
  25. ↑ Bei'ur HaGra and Bei'ur Halacha, Orach Chaim 261:2 and Mishna Berurah 293:3
  26. ↑ Mayim Chaim of the Pri Chadash (5704 edition p. 116 s.v. ubemet) writes that Tosfot Pesachim 2a s.v. veha citing the Ri holds like the Geonim and Gra. Be'er Avraham (Pesachim 2a) agrees and asks why the earlier Poskim didn’t quote this Tosfot as a proof. Derech Yeshara Ben Hashemashot p. 124 and Ish Matzliach (MB v. 3 Kuntres Ben Hashemashot p. 91) also bring this proof. The First Lubevitcher Rebbe (the Alter Rebbe / Baal HaTanya) in Piskei HaSiddur (cited by Hazmanim Bhalacha 2:41:9) also says Tosfot Pesachim 2a holds like Geonim. The Hazmanim Bhalacha tries to avoid this reading in Tosfot but is confronted with a challenged by the text of the Tosfot Rash Mshantz and leaves it unresolved.
  27. ↑ The Maharam Alshaker 96 proves that the Rambam agrees with the Geonim that Ben Hashemashot is all of 0.75 mil and begins immediately after shekiya. One of his proofs is from Rav Avraham Ben Harambam's work "Alkafiya." Yabia Omer OC 2:21:4 disagrees and tries to show that the Rambam Pirush Mishnayot (Shabbat 2:6) holds like Rabbenu Tam. Ish Matzliach (Kuntres Ben Hashemashot MB v. 3) thoroughly tries to disprove Yabia Omer's contention and show that the Rambam thinks like the Geonim. Or Letzion 1 YD 10 also explains that the Rambam follows the Geonim.
  28. ↑ This might be an American replication of the custom in Israel to wait 30 minutes, per the minhag of the Gr"a. A few minutes are added for Tosefet at the end of Shabbat. Rabbi Eli Belizyon ("Zmanei Hayom: Rabbeinu Tam vs The Geonim")
  29. ↑ Shu"t Igrot Moshe, Orach Chaim 4:62. Rav Moshe held that Binei Torah should be follow the opinion of Rabbeinu Tam. With that said, even Rabbeinu Tam would agree that in America, 50 minutes would suffice since all the stars are out by then. People should strive for 72 minutes as that was Rabbeinu Tam's opinion back in Europe, but 50 minutes is sufficient. Rabbi Yaakov Hoffman mustered evidence that in fact the minhag was always to keep Shabbat until 3 stars appeared and in practice were following the Geonim and even Rabbenu Tam never intended to institute a novel interpretation of Tzet Hakochavim.
  30. ↑ Ketzot HaChoshen 93:2
  31. ↑ Dinim V'Hanhagot 8:7 in the name of the Chazon Ish. Rav Aharon M'Belz instructed that one should wait 50 minutes after sunset in Israel.
  32. ↑ https://www.etzion.org.il/en/conclusion-shabbat-and-havdala As stated by his son in-law, Rav Aharon Lichtenstein. Privately, Rav Soloveitchik followed the opinion of Rabbeinu Tam.
  33. ↑ Yalkut Yosef 293:11
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