Kriyat Shema: Difference between revisions

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==Obligation ==
==Obligation ==
# There’s a Torah obligation to say Shema once in the morning and once at night as it says “VeDibarta Bam…BeShovkacha Uvkumecha”. <ref> There’s a dispute in the Gemara (Brachot 21a) whether Shema is Deoritta. The Rishonim are in dispute of what we hold. Rav Amram Goan 1:21 pg 102b, Tosfot (Sukkah 11a D”H Rav Amram, Sotah 32a D”H Kriyat Shema Utefilah, 32b S”H Urebbe), Teshuvat HaRosh 4:21 hold it’s only derabanan. However Piskei HaRosh (Brachot 3:15), Rif 12a, Rambam Hilchot Kriyat Shema 2:13, Tur and S”A 67:1 all hold it’s a deoritta. </ref>
# There’s a Torah obligation to say Shema once in the morning and once at night as it says “VeDibarta Bam…BeShovkacha Uvkumecha”. <ref> There’s a dispute in the Gemara (Brachot 21a) whether Shema is Deoritta. The Rishonim are in dispute of what we hold. Rav Amram Goan 1:21 pg 102b, Tosfot (Sukkah 11a D”H Rav Amram, Sotah 32a D”H Kriyat Shema Utefilah, 32b S”H Urebbe), Teshuvat HaRosh 4:21 hold it’s only derabanan. However Piskei HaRosh (Brachot 3:15), Rif 12a, Rambam Hilchot Kriyat Shema 2:13, Tur and S”A 67:1 all hold it’s a deoritta. </ref>
# There’s a dispute about how much of Shema is Deoritta and we hold only the first pasuk is Deoritta and next three paragraphs are Derabbanan. <ref>Even among the Rishonim who hold Shema is Deoritta there are many different opinions on how much of it is deoritta. The Ramban (Milchamot Rosh Hashana 3e) says it’s just the first pasuk, Talmedei Rabbenu Yonah 7b in name of the Rif says it’s the first paragraph. However Baal Hamaor and Raavad argue that the Rif holds it’s only the first pasuk. Ohel Moed 21a quotes that Rabbenu tam holds all three paragraphs are deoritta. Pri Chadash 67 D”H Ume’atta says the Rambam holds the first two paragraphs are deoritta, while Sh”t Shagat Aryeh (Siman 2) argues Rambam only holds the first paragraph and the Sh”t Rashba 1:320 says the Rambam holds it’s just the first pasuk. The Bet Yosef 63e rules that only the first pasuk is Deoritta. </ref>
# There’s a dispute about how much of Shema is Deoritta and we hold only the first pasuk is Deoritta and next three paragraphs are Derabbanan. <ref>Even among the Rishonim who hold Shema is Deoritta there are many different opinions on how much of it is deoritta. The Ramban (Milchamot [[Rosh Hashana]] 3e) says it’s just the first pasuk, Talmedei Rabbenu Yonah 7b in name of the Rif says it’s the first paragraph. However Baal Hamaor and Raavad argue that the Rif holds it’s only the first pasuk. Ohel Moed 21a quotes that Rabbenu tam holds all three paragraphs are deoritta. Pri Chadash 67 D”H Ume’atta says the Rambam holds the first two paragraphs are deoritta, while Sh”t Shagat Aryeh (Siman 2) argues Rambam only holds the first paragraph and the Sh”t Rashba 1:320 says the Rambam holds it’s just the first pasuk. The Bet Yosef 63e rules that only the first pasuk is Deoritta. </ref>
== Earliest time and Vatikin==
== Earliest time and Vatikin==
# The ideal time for Shema is to say Shema a little before Netz (sunrise) so that one can juxtapose Geulah to Tefilah and start [[Shemona Esreh]] at Netz. This is the practice of the Vatikin (those who fulfill the מצות early and in the proper time).<ref> S”A 58:1 rules that it’s the most preferable way to do the mitzvah like the Rambam (Kriyat Shema 1:11-12) and most rishonim. </ref>
# The ideal time for Shema is to say Shema a little before Netz (sunrise) so that one can juxtapose Geulah to Tefilah and start [[Shemona Esreh]] at Netz. This is the practice of the Vatikin (those who fulfill the מצות early and in the proper time).<ref> S”A 58:1 rules that it’s the most preferable way to do the mitzvah like the Rambam (Kriyat Shema 1:11-12) and most rishonim. </ref>

Revision as of 14:18, 4 March 2012

Obligation

  1. There’s a Torah obligation to say Shema once in the morning and once at night as it says “VeDibarta Bam…BeShovkacha Uvkumecha”. [1]
  2. There’s a dispute about how much of Shema is Deoritta and we hold only the first pasuk is Deoritta and next three paragraphs are Derabbanan. [2]

Earliest time and Vatikin

  1. The ideal time for Shema is to say Shema a little before Netz (sunrise) so that one can juxtapose Geulah to Tefilah and start Shemona Esreh at Netz. This is the practice of the Vatikin (those who fulfill the מצות early and in the proper time).[3]
  2. The earliest time for shema or Brachot shema is when one can recognize an acquaintance from 4 amot away called Mesheyakir, which is one hour (in Shaot Zmaniot) before Netz HaChama. Preferably, one should say it later since some hold the earliest time is closer to Netz HaChama. Additionally, the earliest time for Shemona Esreh is Netz HaChama unless it’s a Shat HaDachak (pressing need) and so one will need to wait a long time between saying Shema and Shemona Esreh and will not be able to juxtapose Geulah to Tefilah. [4]
  3. If one is in extenuating circumstances so that one will not be able to say Kriyat Shema (even just to say the first פסוק of Shema and the following one until Ad Livavecha) after MeSheYakir with any Kavana (proper intent) because one will be traveling, one may say it after Olot Hashachar. [5]
  4. Even in extenuating circumstances one may not make a Bracha upon putting on Talit and Tefillin any time before MeSheyakir; rather one should put on Talit and Tefillin without a Bracha and after MeSheyakir has arrived one may make the Brachot. [6]

Latest time

  1. The latest time to say Kriyat Shema is the end of the third hour of the day (in Shaot Zmaniot). [7]

Can one say Shema at Olot HaShachar?

  1. If one has a pressing need meaning that he traveling to a dangerous place or that he’s traveling and the group won’t wait for him at all, and one knows that he will not be able to have kavana to say the first parsha of Shema later, one can say Shema at Olot HaShachar (72 minutes in Shaot Zmaniot before Netz earlier than one is able to recognize an acquaintance from 4 amot). [8]
  2. If one will be traveling to work at dawn and will not be in a place where it’s possible to say Shema with Kavana one can say Shema at Olot [9]
  3. If one know that one will not be able to have any Kavana when the time comes for Shema he is allowed to say it from Olot. [10]
  4. In a Shat HaDachak at Olot HaShachar, one can only say Shema with the Bracha of Ahavat Olam/ Ahava Rabba. When the time for Shema comes, meaning an hour before Netz, one can Lechatchila say Yotzer Or. If one also says Yotzer Or after Olot he has what to rely on. [11]
  5. If one said Shema at Olot HaShachar even though it wasn’t a Shat HaDachak has fulfilled his obligation Bedieved unless one is regular to say Shema at Olot HaShachar when it’s not a Shat HaDachak. If one’s regular to say it more than once a month at Olot when not a Shat HaDachak one doesn’t fulfill his oblkigation and must repeat at the proper time. [12]

Saying Shema of Arvit after Netz

  1. If due to an Ones (extenuating circumstance) like a sickness one missed saying Shema at the beginning of night one can say Shema of Arvit with brachot until Netz however one doesn’t say the bracha of Hashkivenu after Olot HaShachar. [13]
  2. If due to an Ones one said Shema of Arvit after Olot then one can’t Shema of Shacharit before Netz (not even at the time of MeSheyakir, an hour before Netz [14]) even if it’s a Shat HaDachak since he already established that time as night by saying Shema of Arvit. [15]
  3. If one usually prays at Vatikin saying Shema of Shacharit right before Netz, if one had an ones and had to say Shema of Arvit after Olot, before Mesheyakir, one should say Shema of Shacharit before Netz with a stipulation “If one can say Shema twice before Netz, I want to fulfill Shema of Shacharit with this reading, if one can’t say two Shema’s before Netz I don’t want fulfill my obligation of Shema of Shacharit but only to juxtapose Shema to Shemona Esreh” and then after Netz one should repeat Shema. [16]

When to say it if one missed Vatikin (Netz)

  1. If one doesn’t say Shema at Netz one should say it as soon as possible. However one shouldn’t say it earlier beyachid if one can say it later with a minyan before the latest time for Shema. [17]

Lastest time

  1. The latest time for Kriyat Shema is the end of the third hour (in Shaot Zmaniot [18]) which is a quarter of the day. [19]
  2. If one didn’t say Shema before the third hour, one can still say it with Brachot until the end of the forth hour; but one doesn’t fulfill Shema in it’s proper time. [20]
  3. If one didn’t say Shema before the forth hour one should say it without Brachot until the end of the day. Ashkenazim can say it with Brachot until Chatzot if it was an ones. [21]
  4. One can rely on the time of the Gra to make the Brachot Shema until the end of the forth hour. [22]

Making up Shema after the entire day passes

  1. If one didn’t say Shema during the day there’s no way to make-up by saying it twice during the night and certainly one shouldn’t say it twice at night with Brachot. [23]

The time of the Magan Avraham and Gra

  1. There’s a dispute of how to measure the day, some count the day from Olot Shachar until Tzet HaKochavim (Magan Avraham) and some count it from Netz/Zerichat Hashemesh until Shekiah (Gra). By Deoritta laws (including Kiryat Shema) one should be strict like the time of M”A, but if it’s Shat Hadachak one has what to rely on to go like the time of the Gra. [24]
  2. One shouldn’t say Kriyat Shema without the Brachot, however if one will miss the time, one should say it without Brachot, and then when one gets up to Shema again one should say it with the Brachot. [25]
  3. If one’s in doubt whether one could finish Shema with Brachot in time, one should say Shema without Brachot with the following stipulation: “If I won’t complete Shema with Brachot in it’s time, I intend to fulfill my obligation to say Shema now. If I will be able to complete Shema with Brachot in it’s time, my reading now should be like reading Torah and I want to fulfill my obligation only with my reading with Brachot later on.” [26]
  4. Similarly, if one can say Shema by the time of M”A without Brachot one should say it then and repeat it with Brachot by the time of the Gra with the following stipulation: “If halacha follows those who count 3 hours from Olot Hashachar, I intend to fulfill my obligation to say Shema now. If halacha follows those who count 3 hours from Netz, my reading now should be like reading Torah and I want to fulfill my obligation only with my reading with Brachot later on.” [27]
  5. One should say Shema on time even if one will have to pray Beyachid (without a minyan). [28]

Saying Shema without Tefilin

  1. If one doesn’t have Talit and Tefilin and is going to miss the time for Kriyat Shema one should say Kriyat Shema with Brachot in time and then repeat it with Talit Tefilin without Brachot. The same is true even if one is unsure whether one will miss the time for Kriyat Shema. [29]
  2. If there’s no fear of missing the time for Kriyat Shema one should put on Talit and Tefilin before saying Shema. [30]

Who's Obligated?

  1. Women are exempt from Kriyat Shema [31] however it is proper [32] that women say the pasuk of Shema Yisrael [33] (and Baruch Shem) [34].
  2. A groom the night of his wedding is obligated to say the Kriyat Shema. [35]

Doing a task at the time of Kriyat Shema

  1. If someone started a task before the time of Kriyat Shema began (at Olot HaShachar) he may continue as long one will have time after the work to say Kriyat Shema. [36]
  2. However, if someone started a task after the time of Kriyat Shema he must stop immediately. [37]
  3. Nonetheless, if one began eating before Olot HaShachar, one must stop immediately at Olot HaShachar since one may not eat before saying Kriyat Shema. [38]

How Kriyat Shema is to be Read

  1. One should read the first Pasuk out loud by everyone in the congregation in order to inspire Kavana. [39] The rest of Shema should preferably be said out loud individually but if the congregation wants otherwise one can say it quietly as along as it’s loud enough to be heard by oneself. [40]
  2. One should read Kriyat Shema with the tune of Torah reading. So is the Minhag of Sephardim and some Ashkenzim, however some Ashkenazim have the Minhag to not say it with the tune. However one should still pasue in the proper places not to mess up the meaning of the words. [41]

Kissing Tefilin and Tzitzit during Shema

  1. There is a practice to gather all four Tzitziyot when one gets to the words “MeArbah Kanfot HaAretz” and hold them in your left hand. When one gets to third paragraph of Shema one transfers the strings into one’s right hand, while holding onto the knots with one’s left hand until “VeNemanim VeNechmadim Laad” when one kisses the tzitzit and lets go of the tzitziyot. The same applies to a lefty. Some have the practice to only hold the two front tzitiyot. [42]
  2. When one says “UKeshartem LeOt Al Yadecha” one should kiss the Tefilin Shel Yad. When one says “Vehayu LeTotafot Ben Eiynecha” one should kiss the Tefilin Shel Rosh. [43]
  3. When one says “UReetem Oto” (in the third paragraph of Shema) one should kiss the two front tzitiyot. [44]


Kavana one needs for Shema

  1. Besides Kavana that one has to fulfill the positive Mitzvah to say Shema (since we hold Mitzvot need Kavana), one needs to understand what one is saying in the first pasuk of Shema because of the Kabalat Ol Malchut Shamayim (acceptance of yoke of heaven) and Yichud Hashem (knowing the Hashem is one). [45] However, in the rest of Shema one only needs Kavana to say the words (not to be Metasek, accidentally doing the action). [46]

References

  1. ↑ There’s a dispute in the Gemara (Brachot 21a) whether Shema is Deoritta. The Rishonim are in dispute of what we hold. Rav Amram Goan 1:21 pg 102b, Tosfot (Sukkah 11a D”H Rav Amram, Sotah 32a D”H Kriyat Shema Utefilah, 32b S”H Urebbe), Teshuvat HaRosh 4:21 hold it’s only derabanan. However Piskei HaRosh (Brachot 3:15), Rif 12a, Rambam Hilchot Kriyat Shema 2:13, Tur and S”A 67:1 all hold it’s a deoritta.
  2. ↑ Even among the Rishonim who hold Shema is Deoritta there are many different opinions on how much of it is deoritta. The Ramban (Milchamot Rosh Hashana 3e) says it’s just the first pasuk, Talmedei Rabbenu Yonah 7b in name of the Rif says it’s the first paragraph. However Baal Hamaor and Raavad argue that the Rif holds it’s only the first pasuk. Ohel Moed 21a quotes that Rabbenu tam holds all three paragraphs are deoritta. Pri Chadash 67 D”H Ume’atta says the Rambam holds the first two paragraphs are deoritta, while Sh”t Shagat Aryeh (Siman 2) argues Rambam only holds the first paragraph and the Sh”t Rashba 1:320 says the Rambam holds it’s just the first pasuk. The Bet Yosef 63e rules that only the first pasuk is Deoritta.
  3. ↑ S”A 58:1 rules that it’s the most preferable way to do the mitzvah like the Rambam (Kriyat Shema 1:11-12) and most rishonim.
  4. ↑ S”A 58:1,3.
    • Brachot 9b records the dispute between Abaye who holds the time for Shema is shortly before Netz as the practice of the Vatikin and Rav Huna who allows from when one can recognize an acquaintance from 4 amot.
    • There are three approaches in the Rishonim how we hold. Rambam (Keriyat Shema 1:11-12) holds like Abaye that one can say it shortly before Netz and in Shat HaDachak one can say it from Olot Hashachar. The Bet Yosef 58, Bach 58, and Pri Chadash 58:1 hold that the Rif agrees with the Rambam.
    • Rosh (Brachot 1:10), Talmedei Rabbenu Yonah 4b, and Rashba 9b hold that Lechatchila one can say it at Olot but it’s preferable to wait until shortly before Netz. So agree majority of the Goenim and Rishonim including Siddur Rav Amram Goan 15 pg 90, Siddur Rashi 8-9, Sefer Chinuch 420, Tosfot Yoma 37b D”H Abaye, Ramban (Milchamot beginning of Brachot), Or Zaruh (Kiryat Shema 1:13), Meiri (Brachot 9b), Nemukei Yosef (Brachot 9b), Rashbetz (Brachot 9b), Ritva (Brachot 9b, Yoma 37b), and Tur 58.
    • Rabbenu Chananel (Brachot 9b) holds one should say Vatakin by saying Shema specifically at Netz and not shortly before. So holds Bal Hamoar (Beginning of Brachot), Roke’ach 3320 pg 211, and Avudraham (Shacharit Chol 1) who says Rabbenu Hai Goan would say the brachot before Netz and Shema only at Netz, and Rabbenu Tam (Sefer Yashar Sh”t 8:1) holds like Rabbenu Chananel but for a different reason.
    • S”A 58 and Bach 58 hold like majority of the Rishonim. So holds most Achronim. Yet Pri Chadash 58:1, Chisdei David (beginning of Brachot), Ohel Moed (Kiryat Shema 3) argue on S”A and hold like Rambam and Rif. However, Birkei Yosef 58:2 explains that S”A didn’t rule like Rif and Rambam even though usually S”A rules like the majority of the pillars of halacha who are the Rif, Rambam, and Rosh, here he wasn’t sure of the opinion of the Rif as the Rosh and Talmedei Rabbenu Yonah don’t mention his opinion.
    • Sh”t Ish Matzliach O”C 1:15 pg 42 D”h Vehalah explains that S”A ruled like the Rosh because it was the prevalent Minhag. Concerning Brachot Kriyat Shema, Mishna Brurah 58:1 says based on Rashi (Brachot 11b D”H Yotzer Or) the Brachot Kriyat Shema can also only be said when one can recognize an acquaintance from 4 amot. So rules Halacha Brurah 58:2.
  5. ↑ S”A 58:3. Sh”t Ish Matzliach 1:15 writes that nowadays when we travel in cars, trains, and airplanes this leniency doesn’t apply. However, the Halacha Brurah (Birur Halacha 58:10) writes that this halacha is still applicable to those who have to catch a plane very early and will not be able to say Shema with Kavana (and also it’ll be difficult to put on Talit and Tefillin at that time).
  6. ↑ Mishna Brurah 58:16, Halacha Brurah 58:9
  7. ↑ S”A 58:1
  8. ↑ S”A 58:3. On Brachot 8b Rabbi Shimon Ben Yochai says that it’s possible to say Shema twice at night once before Olot for the obligation of night and once after Olot for the day obligation. Rif (Brachot 2b), Rambam (Kriyat Shema 1:12), Rashba (Brachot 9a D”H LeIyan Hafsaka), Ramban (Milchamot Brachot), and Talmidei Rabbenu Yonah (2b D”H Iy Nami) write that one should only say it at Olot if it’s Shat HaDachak. Bet Yosef brings the Mahari Ahavuhav who implies this from the Tur. Bet Yosef explains that Tosfot (8b D”H Lo) holds that one can’t say Shema at Olot but only at when one can recognize an acquaintance. [Bach disagrees and explains that tosfot would agree in a Shat HaDachak]. Bal HaMoar (beginning of Brachot) argues on the Rif and writes that one can’t say it until Netz. Magan Avraham 58:4 challenges S”A’s wording that one can say it early if one won’t be able to have kavana in the first paragraph because S”A 63:4 says that one only needs Kavana in the first pasuk.
  9. ↑ Sh”t Ish Matzliach O”C 1:15(57) says nowadays one shouldn’t say Shema at Olot because one is traveling early. In his comments on Mishna Brurah he writes that there’s what to be lenient if one will be on a train among goyim and will not be able to concentrate. Halacha Brurah 58:9 says that many times he was asked about working situations and he said that one can rely on S”A 58:3 to pray early because otherwise they won’t be able to pray among goyim while traveling or later.
  10. ↑ Magan Avraham 58:3, Bear Heteiv 58:4, Solet Belulah 58:3, Shalmei Tzibbur pg 93d, Shulchan Aruch HaRav 58:6, Chaye Adam 21:3, Shtilei Zetim 58:10, Mishna Brurah 58:12, Kaf HaChaim 58:14, and Halacha Brurah 58:9.
  11. ↑ S”A 58:3 says in Shat HaDachak one can even say Yotzer Or from Olot HaShachar based on Rashba (Brachot 8b). However Magan Avraham 58:5 argues that the Rashba only holds that way because he holds that one must say the Brachot in order but since S”A 60 holds that can say it out of order one shouldn’t say Yotzer Or after Olot. The Gra agrees and says that so is the opinion of the Rambam (Tamidin UMusafin 6:4). So rules Buir Hetiev 58:5, Pri Megadim A”A 58:5, Shulchan Aruch HaRav 58:6, Magan Giborim 58:6, and Mishna Brurah 58:17. However some Rishonim allow Yotzer to be said at Olot including Rokeach 320 pg 210, Nemukei Yosef Brachot 8b, Orchot Chaim (Kriyat Shema 6), and Sefer HaBatim (Kriyat Shema 2:7). Also some Achronim argue with the Magan Avraham including Eliyah Raba 58:7, Levush 58:3, Shulchan HaGavoha 58:9, Siddur Bet Ovad (Kriyat Shema 5), and Kaf HaChaim 58:19.
  12. ↑ S”A 58:4 rules that Bedieved one fulfills his obligation even though it wasn’t Shat HaDachak based on Rif (Beginning of Brachot), Rambam (Kriyat Shema 1:12), and Rosh (Brachot 1:9). A minority opinion [of Bal HaMoar and Nemukei Yosef Brachot 8b] is that one doesn’t fulfill the obligation even bedieved if it wasn’t a Shat HaDachak. However if one is regular to say Shema at Olot then one doesn’t fulfill his obligation. So holds Tur and Bet Yosef 58. Bach 58 says it was left out of S”A because it’s obvious. However Gra 58:10 argues that the Rif holds one does fulfill his obligation. Many Achronim define the time for someone regular to say Shema at Olot as someone who says it once a month including Bach, Sharei Knesset HaGedolah 58:7, Eliyah Raba 58:8, Bear Heteiv 58:6, Mishna Brurah 58:19, Kaf HaChaim 58:20, and Halacha Brurah 58:11 [against Birkei Yosef 58:6 who suggest that saying it twice or three times is called someone regular]. However if one is says it at Olot because of a Shat HaDachak one isn’t called ‘regular’ to say Shema at Olot. So says Chaye Adam 21:3, Mishna Brurah 58:19, Kaf HaChaim 58:16, and Halacha Brurah 58:11.
  13. ↑ S”A 58:5, however one doesn’t make the bracha Hashkivenu (S”A 235:4 based on Tosfot (Brachot 9a), Mordechai Brachot 1:2, Rambam (Kriyat Shema 1:10), Rosh (Brachot 1:9), and Rabbenu Yerucham 3:2.). On Brachot 8b, Rabbi Shimon Ben Yochai says that it’s possible to say Shema twice at night once before Olot for the obligation of night and once after Olot for the day obligation. Many Rishonim hold that one can only use this leniency if one didn’t say Shema because of an Ones such as an illness (or a state of total drunkenness in which one can’t say Shema) including Talmedei Rabbenu Yonah 2a in name of the Rif, Rambam (Kriyat Shema 1:10), Ravan 135, Meiri, Hagot Maimon (Kriyat Shema 1:6), Eshkol 1:5 pg 10, Rosh 1:9, Smag (Asin 18 pg 99c), and Smak 104. However some Rishonim say even if it wasn’t an ones Bedieved one fulfills his obligation including Bal HaMoar (Beginning of Brachot), Riaz (Brachot 1:1(4)), Rivivan Brachot 8b, and Ritva (Brachot 9a). S”A 58:5 and 235:4 says one can only fulfill Shema of Arvit after Olot if one was an ones. So holds the Acronim including Gra 58:14, Pri Megadim M”Z 58:3, and Halacha Brurah 58:12.
  14. ↑ this is a dispute in the Achronim if one said Shema of Arvit after Olot before Mesheyakir whether one can say Shema of Shacharit after Mesheyakir before Netz. Minchat Cohen (Mevo Shemesh 1:14) and Kaf HaChaim 58:21 say that one can say one Shema before Mesheyakir and one afterwards. Eliyah Rabba 58:9, Pri Megadim M”Z 58:3, Levush 58:5, Erech HaShulchan 58:2, Chaye Adam 34:5, Ben Ish Chai Vaera 4, Mishna Brurah 58:22 and Halacha Brurah 58:13 say if one said Shema after Olot one can’t say Shema of Shacharit before Netz.
  15. ↑ Rosh (Brachot 1:9) writes that logically one should not be able to say Shema of Arvit and Shacharit in the same time period. Rather, says the Bet Yosef 58, one should say Shema of Arvit even if one will miss Shema of Shacharit, because it’s better to passively not say Shema of Shacharit than pass up Shema of Arvit actively by saying Shema of Shacharit after Olot. S”A 58:5 rules like the Rosh. However the Gra 58:14, Pri Chadash 58:5, Eliyah Rabba 58:9, argues that the Tur doesn’t quote this because he holds one can say two Shema’s in one time period. Mishna Brurah 58:21 quotes this opinion as Yesh Cholkin”(some argue). Halacha Brurah 58:13 rules like S”A.
  16. ↑ Sh”t Ish Matzliach on Mishna Brurah 58 says that it should work without a stipulation because of Safek Sefeka whether the law is like the Rosh and one can’t say Shema twice after Olot, or not and whether this law only applies from Olot to Mesheyakit or until Netz. Yet he concludes that it’s preferable one make a stipulation. Halacha Brurah 58:13 argues on the Safek Safeka but seemingly doesn’t argue on the stipulation.
  17. ↑ Halacha Brurah 58:8 says that one should wait for a minyan if one won’t miss the time for Shema. So holds Sh”T Nodea BeYehuda (Kama O”C 3), Mishna Brurah 58:5, Sh”t Eleph Lacha Shlomo O”C 47 that only one will miss the time of Shema should one say it Beyachid.
  18. ↑ S”A 58, 89:1 based on Rambam in Sh”t Pear Hadar 44 writes that all times of Chazal are Shaot Zmaniot and in Hilchot Tefilah 3 (where he equates 4 hours with a third of the day). So holds the Meiri Brachot 9b, Rav Ovadyah MeBarentura, and Sh”t Maharil 163. However Tosfot HaRosh Brachot 3b D”H Kiyvan writes to calculate the hours equally all year round. The Achronim rule like S”A including Pri Chadash 58:2, Sh”t Shagat Aryeh 5e, Shulchan Gavoha 58:13, SHulchan Aruch HaRav 58:3, Chaye Adam 21:3, Kitzur Shulchan Aruch 17:1, Sh”t Rav Poalim 2:2,3,19, Ben Ish Chai Vaera 5, Sh”t Chesed LeAvraham Teomim Kama O”C 7, Mishna Brurah 58:5.
  19. ↑ Brachot 9b has a dispute of the latest time for Shema. The Gemara 10b rules like Rabbi Yehoshua who says that it’s the 3rd hour. So hold the Rambam(Kriyat Shema 1:11), Tur, and S”A 58:6. Rambam, Meiri Brachot 9b, Talmedei Rabbenu Yonah 4b hold that after Netz until the 3rd hour is only bedieved (after the fact. However implied from majority of Rishonim(including Tur and S”A) is that it’s even Lechatchila. Machsor Vitri (1 pg 7), Yerayim 13, Roke’ach 320, Ravyah 1:15, Rabbenu Yehonatan Melunil (Brachot 1), Siddur Rav Amram 1:15-6 rule the ending time is the beginning of the third hour. However S”A 58:6 rules it’s the end of the 3rd hour based on majority of Rishonim including Tosfot (Avofda Zara 4b D”H Betelat), Smag (Asin 18), Smak 104, Rambam (Kriyat Shema 1:11), Meharam Rikatani 5, Piskei Rid (Brachot 10b), Piskei Riaz, Eshkol 1:5, Chinuch 420, Meiri (Brachot 9b), Sefer HaBatim (Shema 2:6), Orchot Chaim (Shema 5), Rashbetz (Brachot 10b).
  20. ↑ Brachot 9b says if one missed the time for Kriyat Shema one can read it with Brachot. Rambam (Kriyat Shema 1:13), Rif (Brachot 9b), Bahag, Shiltei Giborim (Brachot 10b in name of Smag, Ravyah 25 pg 14, Sefer Chinuch 420, Rid (Brachot 10b), and Riaz Brachot 1:1(7) hold that one can make the Brachot the entire day. However the Rosh Brachot 1:10 quotes Rav Hai Goan that one can only say the Brachot until the 4th hour. So holds Rabbenu Chananel (Brachot 10b), Or Zaruha 1:16, Siddur Rav Sadyah Goan 13, Meiri (Brachot 10b), Ravan 139, Tur and S”A 58:6. Most Achronim agree with S”A including Levush 58:6, Bach, Taz 58:4, Petach Dvir 2 pg 18a in name of Rav Chaim Vital, Shulchan Gavoha 58:12, Siddur Yavetz , Gra 58:15, Pri Megadim M”Z 58:4, Shulchan Aruch HaRav 58:10, Chaye Adam 21:3, Kaf HaChaim 58:25, and Halacha Brurah 58:14. However some argue on S”A allow one to say Brachot all day including Sh”t Radvaz 2:156, Pri Chadash 58:6, Rav Chaim Ben Atar in Rishon LeTzion (Brachot 10b), Sh”t Chaim Shal 2:38(70), Keshur Gudal 6:4, and Erech HaShulchan 58:3.
  21. ↑ Halacha Brurah goes according to S”A that after the forth hour one can make the Brachot. However Mishna Brurah (Buir Halacha D”H Korah Bli Bracha) says one can rely on the Mishkanot Yacov O”C 80 and Maharil to say it with Brachot until Chatzot.
  22. ↑ Yalkut Yosef 1:109 and Halacha Brurah 58:14 based on a Safek Safeka with many Rishonim that allow one to make the Brachot all day and that Brachot Kriyat Shema may be Deoritta as well as the fact that many Rishonim that say to count the time of the Gra. Even though most of the time a Safek Safeka isn’t enough to make Brachot (Sh”t Yachave Daat 5:21 in the note) here it’s sufficient.
  23. ↑ The Bet Yosef brings two opinions on the issue: the Kol Bo says some say there’s a way to make up Shema during the night and the Sefer Hashlama holds one can’t make it up the next day. S”A 58:7 writes “If one didn’t say Shema during the day some say one should say Shema twice during the night and if one didn’t say Shema during the night one should say Shema during the day twice and some argue” . The general rule is that when S”A quotes two opinions both with the language “some say” we follow the second one. [Sh”t Avodat Girshoni 114, Knesset HaGedolah (Klalei HaPoskim 62), Sh”t Ginat Veradim (Choshen Mishpat 5:11), Sh”t Bet David O”C 114, and Shulchan Gavoha 17] In our topic Birkei Yosef 58:6, Erech Lechem 58, Levush 108:2, Gra 58:17, Erech HaShulchan 58:4, Shemen HaMoar 58, Shalmei Tzibbor pg 170b, Shulchan Aruch HaRav 58:11, 108:4, Chaye Adam 27:7, Bet Ovad (Tashlumin Achar Arvit 21), Mishna Brurah 58:29, Kaf HaChaim 58:27, and Halacha Brurah 58:15 rule that there’s no way to make up Shema past the day. However, Pri Chadash 58:7, Nachalat Tzvi 108:8, Mekor Chaim 58:7, 80:1, Eliyah Raba 58:12, and Eliyahu Zuta 108:2 say that one should repeat it during the night without Brachot.
  24. ↑ Many are strict to count from Olot including: Sh”t Trumat HaDeshen 1, Levush 267 ,Minchat Cohen (Mevoh Shemesh 2:6) in name of Tosfot Ramban and Rashba, Bach (431), Taz 433, Pri Chadash 443, Magan Avraham 58:1, 433:3, Eliyah Raba 58:2, Mizbe’ach Adama 4a, Mikraeh Kodesh 158b, Mateh Yehuda 433, Sh”t Chaim Shal 2:38(70), Tov Ayin 18:38, Sh”t Teshuva MaAhava 1:25, Shalmei Tzibbur 93c, Chesed Alafim 58:5, Chaye Adam 21:3,27:1, Kitzur Shulchan Aruch 17:1, Magan Giborim (Shiltei Hagiborim 58:3), and Rav Poalim O”C 2:2. || Majority hold that we count from Netz incluing: Rambam’s Sh”t Pear Hadar 44 (as understood by Halacha Brurah (Shaar Tzion 58:17), Rav Chaim Drok in Noam 9 pg 235, and Orot Chaim 320 against the Yetsiat Mitzmayim (Sefaka Deyoa pg 115)), Siddur Rav Sadyah Goan pg 12, Minchat Cohen Mevoh Hashemesh 2:6 in name of Goanim, Rambam Rabbenu Yonah, Hagot Maimon, and Mordechai (Pri Chadash rejects his proofs), Shiltei Hagiborim on the Mordechai (Brachot 4:3) (as understood by Magan Avraham 233:3, Mishna Brurah (Shaar Tzion 233:10), and Kaf HaChaim 233:7), Levush (233:1,267), Shaarei Knesset Hagedolah 58:8, Tosfot Yom Tov (Pesachim 2:3), Rambam Perush Mishnayot, and Biur HaGra 459:2. In conclusion, Minchat Cohen (Mevoh Hashemesh 2:9), Erech HaShulchan 433, Halichot Olam 1Vaera 3, and Yalkut Yosef 1 pg 98 write that one should be strict to count from Olot in matters of Deoritta and so by Kiryat Shema one should follow the time of Magan Avraham.
  25. ↑ Sefer Meorot (Beginning of Brachot), Bet Yosef 46, Darkei Moshe 58:3 and Rama 58:4 say that one should say the Shema in it’s time and then repeat it with Brachot. Sh”t Mishkenot Yacov O”C 80 challenges this.
  26. ↑ see next note
  27. ↑ Hagot Rabbi Akiva Eiger 46:9 based on S”A 489:3 concerning Sefirat HaOmer. Yalkut Yosef 1 pg 120 supports this based on a Shibolei Haleket 48. So says Sh”t Avnei Nezer O”C 2:449, Sh”t Tzitz Eliezer 7:4, and Halacha Brurah 58:4.
  28. ↑ Sh”T Nodea BeYehuda (Kama O”C 3), Mishna Brurah 58:5, Sh”T Eleph Lacha Shlomo O”C 47, and Halacha Brurah 58:5.
  29. ↑ Brachot 14b says there that Rav said Shema and then put on Talit and Tefilin because the person who was bringing his talit and Tefilin forgot to bring it by the time for Shema. So rules Levush 58:2, Sharei Knesset Gedolah 58:9, Olot Tamid 58:1, Eliyah Raba 58:5, Mishna Brurah 58:5, and Kaf HaChaim 58:11. Mishna Brurah 58:5 and Halacha Brurah 58:5 rule that one should also say Shema without Tefilin if there’s a doubt one will miss the time.
  30. ↑ Gemara Brachot says that saying Shema without Tefilin is like testifying against oneself because the parsha of Shema includes the command to wear Tefilin. Olot Tamid 58:1, Eliyah Raba 58:5, Kaf HaChaim 58:11, Halacha Brurah 58:5, and Mishna Brurah 58:5 rule that if there’s no fear of missing the time for Shema one shouldn’t say Shema without Tefilin.
  31. ↑ S”A 70:1 explains that they are exempt because Kriyat Shema is a Mitzvah Aseh SheZman Grama.
  32. ↑ S”A 70:1 writes that it’s proper that women accept upon themselves the yoke of heaven. Even though the Bach (70) holds that women are obligated to accept the yoke of heaven daily, the Mishna Brurah 70:1 and Halacha Brurah 70:1 bring many who argue and hold like S”A that it’s only proper but not an obligation.
  33. ↑ The Rama 70:1 explains it to mean the pasuk of Shema Yisrael. The Nachalat Tzvi 70:1 writes that S”A holds that women should say the first paragraph and the Levush (brought by Mishna Brurah 70:5 and Halacha Brurah 70:1) implies that S”A agrees to the Rama. Halacha Brurah 70:1 rules that both for Ashkenazim and Sephardim it’s sufficient to say the first pasuk.
  34. ↑ Levush 70:1, Chida in Kesher Gudal 11:3, and Halacha Brurah 70:1 write that women should also say Baruch Shem along with Shema Yisrael.
  35. ↑ The Mishna (Brachot 16b) writes that a groom of a virgin was exempt from saying Kriyat Shema because he is busy with his mitzvah. However, Tosfot (Brachot 17b D”H Rav Shisha) writes that since nowadays we don’t have kavanah anyway a groom is obligated to say Kriyat Shema. This is quoted in the Hagot Maimon (Kriyat Shema 4:2), and Mordechai 2:3. However, Rambam (Kriyat Shema 4:7) rules that a groom is exempt but is permitted to say it if he is able to concentrate. Pri Megadim (A”A 70:2) explains that S”A 70:3 rules like Tosfot that a groom is obligated in Kriyat Shema and it’s not just optional. Such is the opinion of most achronim including the Sh”t HaRama 132:1, Levush 70:3, Olat Tamid 70:6, Atert Zekenim 70:3, Bear Hetiev 70:4, S”A HaRav 70:3, Mishna Brurah 70:14, Kaf HaChaim 70:10, and Halacha Brurah 70:4.
  36. ↑ Mishna Brurah 70:23 and Halacha Brurah 70:6
  37. ↑ Mishna Brurah 70:23 and Halacha Brurah 70:6
  38. ↑ Mishna Brurah 70:23 and Halacha Brurah 70:6
  39. ↑ S”A 61:4 and Rama 61:26.
  40. ↑ Halacha Brurah 61:9 based on S”A 61:26 who says that there is a practice for everyone to say it quietly and there’s a practice to say it out loud.
  41. ↑ Talmidei Rabbenu Yonah 8b says that one must say Kriyat Shema with the Torah reading tune. So rules the Tur and S”A 61:24. Rama adds that the Minhag Ashkenaz is not to say it with the tune but some are strict in this regard.
  42. ↑ Halacha Brurah 24:6, 60:5
  43. ↑ S”A 61:25
  44. ↑ S”A 61:25
  45. ↑ Sh”t Rashba 1:344 writes that even though one needs Kavana by every mitzvah by Shema and Shemona Esreh one needs also to think about the words. So rules S”A 60:5
  46. ↑ Raah (Brachot 2e) writes that there’s three levels of Kavana; first is not to be Metasek to intend to do the action of the mitzvah such as reading the words of Shema even if his intention is to check that it’s written correctly, then second is Kavana to fulfill every mitzvah, and the third Kavana is to intend every word for Hashem as one is able. This is quoted by Sefer Hashlama, Sefer Meorot, Rav Avraham Alashvili, Shitah Mekubeset, Ritva all found on Brachot 13a, and Avudraham (Siddur Kol Hashana). S”A 60:5 rules that the first Kavana is sufficient for the rest of Shema and the third level of Kavana is needed for the first pasuk of Shema. So rules many Achronim including Sh”t Radvaz 4:1094, Magan Avrham 60:4, Pri Chadash 60:5, Eliyah Raba 60:3, Pri Megadim A”A 60:4, Shulchan Aruch HaRav 60:5 and Halacha Brurah 60:17.
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