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Reference of Measurements in Halacha: Difference between revisions

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(→‎Shaot Zmaniot: This Chazon Ish is a masterpiece. It is very deep and nuanced. I hope I did it justice in rendering it into English and explaining it. If you would let me know your opinion טובים השנים...)
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#[[Shaot Zmaniot|''Shaot zmaniot'']] are halachic hours which are calculated by dividing the daytime hours into 12.<ref>Rambam Peirush Hamishnayot Brachot 1:2 writes that all ''shaot'' in the Mishna are ''shaot zmaniyot.'' Rama 233:1 agrees. Gra on Shulchan Aruch O.C. 443 quotes this Rambam and supports his view from many sources.</ref>  
#[[Shaot Zmaniot|''Shaot zmaniot'']] are halachic hours which are calculated by dividing the daytime hours into 12.<ref>Rambam Peirush Hamishnayot Brachot 1:2 writes that all ''shaot'' in the Mishna are ''shaot zmaniyot.'' Rama 233:1 agrees. Gra on Shulchan Aruch O.C. 443 quotes this Rambam and supports his view from many sources.</ref>  
#Chazon Ish explains the reason that halachic hours are divided based on the daylight hours and are not 60-minute hours. ''Chazal'' did not establish halachic hours as an entity of themselves; rather, they were designed as a description of when mitzvot may be done. For example: ''Krias shema'' must be said before a quarter of the day has passed; ''chazal'' divided the day into hours to illustrate that time. Since the time for mitzvot is based on the length of daylight, the clearest way to depict this is with ''shaot zmaniyot.'' It was ''chazal's'' decision whether to make these 12 hours of daylight run from ''alot'' to ''tzet'', or from ''hanetz'' to ''shkiya.'' What their conclusion was is the subject of great debate.<ref>Chazon Ish O.C. 13 Article 1</ref>
#Chazon Ish explains the reason that halachic hours are divided based on the daylight hours and are not 60-minute hours. ''Chazal'' did not establish halachic hours as an entity of themselves; rather, they were designed as a description of when mitzvot may be done. For example: ''Kriat shema'' must be said before a quarter of the day has passed; ''chazal'' divided the day into hours to illustrate that time. Since the time for mitzvot is based on the length of daylight, the clearest way to depict this is with ''shaot zmaniyot.'' It was ''chazal's'' decision whether to make these 12 hours of daylight run from ''alot'' to ''tzet'', or from ''hanetz'' to ''shkiya.'' What their conclusion was is the subject of great debate.<ref>Chazon Ish O.C. 13 Article 1</ref>
#There’s a dispute of how to measure the day; some count the day from ''alot hashachar'' until [[Tzet HaKochavim|''tzet hakochavim'']] (Magen Avraham) <ref>Many authorities holds that the halachic hours in the day are considered 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, Magen 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, Magen Giborim (Shiltei Hagiborim 58:3), and Rav Poalim O”C 2:2. </ref>, and some count it from [[HaNetz|''hanetz'']] until [[Shekiah|''shekiah'']] (Gra).<ref>Many authorities hold that the halachic hours of the day are considered to begin from [[HaNetz]] incluing: Rambam’s Sh”t Pear Hadar 44 (as understood by Halacha Brurah (Shaar Tzion 58:17), Rav Chaim Drok (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, Hagahot Maimon, and Mordechai (Pri [[Chadash]] rejects his proofs), Shiltei Hagiborim on the Mordechai ([[Brachot]] 4:3) (as understood by Magen Avraham 233:3, Shaar Tzion 233:10, and Kaf HaChaim 233:7), Levush (233:1,267), Shaarei Knesset Hagedolah 58:8, Tosfot [[Yom Tov]] (Pesachim 2:3), and Biur HaGra 459:2.</ref>
#There’s a dispute of how to measure the day; some count the day from ''alot hashachar'' until [[Tzet HaKochavim|''tzet hakochavim'']] (Magen Avraham) <ref>Many authorities holds that the halachic hours in the day are considered 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, Magen 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, Magen Giborim (Shiltei Hagiborim 58:3), and Rav Poalim O”C 2:2. </ref>, and some count it from [[HaNetz|''hanetz'']] until [[Shekiah|''shekiah'']] (Gra).<ref>Many authorities hold that the halachic hours of the day are considered to begin from [[HaNetz]] incluing: Rambam’s Sh”t Pear Hadar 44 (as understood by Halacha Brurah (Shaar Tzion 58:17), Rav Chaim Drok (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, Hagahot Maimon, and Mordechai (Pri [[Chadash]] rejects his proofs), Shiltei Hagiborim on the Mordechai ([[Brachot]] 4:3) (as understood by Magen Avraham 233:3, Shaar Tzion 233:10, and Kaf HaChaim 233:7), Levush (233:1,267), Shaarei Knesset Hagedolah 58:8, Tosfot [[Yom Tov]] (Pesachim 2:3), and Biur HaGra 459:2.</ref>
##According to Sephardim, regarding Biblical laws (including [[Kriyat Shema|''kriyat shema'']]) one should be strict for the opinion of the Magen Avraham. <ref>In conclusion, Minchat Cohen (Mevoh Hashemesh 2:9), Erech HaShulchan 433, Halichot Olam (vol 1, Vaera 3), and Yalkut Yosef (vol 1, pg 98) write that one should be strict for the opinion of the Magen Avraham for Deoritta issues, for example [[Kriyat Shema]]. </ref>
##According to Sephardim, regarding Biblical laws (including [[Kriyat Shema|''kriyat shema'']]) one should be strict for the opinion of the Magen Avraham. <ref>In conclusion, Minchat Cohen (Mevoh Hashemesh 2:9), Erech HaShulchan 433, Halichot Olam (vol 1, Vaera 3), and Yalkut Yosef (vol 1, pg 98) write that one should be strict for the opinion of the Magen Avraham for Deoritta issues, for example [[Kriyat Shema]]. </ref>
##Among Ashkenazim, some are strict to hold like the Magen Avraham, unless there is a serious need, in which case one may hold like the Gra. <ref>Rabbi Yechiel Michel Tukachinsky in Sefer Eretz Yisrael (pg 18#3) writes that the minhag of [[Israel]] is to follow the magen avraham and only under pressure may one rely on the Gra.</ref> However, some are lenient to rely on the Gra. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 77-79) says that many follow the opinion of the Gra in calculating the time for Sof [[Kriyat Shema]]. </ref>
##Among Ashkenazim, some are strict to hold like the Magen Avraham, unless there is a serious need, in which case one may hold like the Gra. <ref>Rabbi Yechiel Michel Tukachinsky in Sefer Eretz Yisrael (pg 18#3) writes that the minhag of [[Israel]] is to follow the magen avraham and only under pressure may one rely on the Gra.</ref> However, some are lenient to rely on the Gra. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 77-79) says that many follow the opinion of the Gra in calculating the time for Sof [[Kriyat Shema]]. </ref>
#There are ''rishonim'' and ''poskim'' who maintain that most ''shaos'' are ''shaos shavos'' - of equal time - 60-minute hours.<ref>Terumas HaDeshen 121</ref> However, this is not the accepted halacha. One reason given for this opinion is that many halachic times are based on peoples' daily schedule. Daily schedules do not vary based on the amount of daylight hours. For example: the end time for ''krias shema'' is set based on the time that princes arise each day. Princes arise the same time each day, regardless of whether the sun rises at 5:30 or at 7:30.<ref>For further discussion see Ha'zmanim B'halacha Chap.12 n.11-17</ref>
#There are ''rishonim'' and ''poskim'' who maintain that most ''shaot'' are ''shaot shavot'' - of equal time - 60-minute hours.<ref>Terumas HaDeshen 121</ref> However, this is not the accepted halacha. One reason given for this opinion is that many halachic times are based on peoples' daily schedule. Daily schedules do not vary based on the amount of daylight hours. For example: the end time for ''kriat shema'' is set based on the time that princes arise each day. Princes arise the same time each day, regardless of whether the sun rises at 5:30 or at 7:30.<ref>For further discussion see Ha'zmanim B'halacha Chap.12 n.11-17</ref>


===Alot HaShachar===
===Alot HaShachar===
'''Halacha'''
'''Halacha'''


#Many ''rishonim'' hold that [[Alot HaShachar|''alot hashachar'']] is 72 minutes before sunrise on a "perfect day" (when sunrise and sunset are exactly 12 hours apart) in Jerusalem which is equivalent to when the sun is 16 degrees below the horizon for everywhere in the world, however, others hold that [[Alot HaShachar]] is 90 minutes on a perfect day which is 19.78 degrees below the horizon.<ref>*The Rosh (Brachot 4:1) writes that Alot for the korban tamid and Shacharit is after the rays of the sun begin to show and also the Eastern part of the sky began to become light. This is also the opinion of the Rabbenu Yerucham cited by Bet Yosef 89:1. Shulchan Aruch 89:1 codifies their opinion. Magen Avraham 89:3 argues that many rishonim hold that Alot is once the rays of the sun begin to show even though the Eastern part of the sky isn't light. Torat Yoma 28a siman 11 writes that the Rambam Pirush Mishnayot Yoma 3:1 and Ritva Yoma 28a hold like the Rosh and Rabbenu Yerucham, while Rashi sides with the Magen Avraham. Practically, the Mishna Brurah (Biur Halacha 89:1 s.v. v'im) writes that one shouldn't be lenient for the Magen Avraham as the Eliya Rabba, Mateh Yehuda, and Gra argue with the Magen Avraham. Therefore, Alot is once the rays of the sun began to show and also the Eastern part of the sky became light.
#Many ''rishonim'' hold that [[Alot HaShachar|''alot hashachar'']] is 72 minutes before sunrise on a "perfect day" (when sunrise and sunset are exactly 12 hours apart) in Jerusalem which is equivalent to when the sun is 16.1 degrees below the horizon anywhere in the world; however, others hold that [[Alot HaShachar]] is 90 minutes on a perfect day which is 19.78 degrees below the horizon.<ref>*The Rosh (Brachot 4:1) writes that Alot for the korban tamid and Shacharit is after the rays of the sun begin to show and also the Eastern part of the sky began to become light. This is also the opinion of the Rabbenu Yerucham cited by Bet Yosef 89:1. Shulchan Aruch 89:1 codifies their opinion. Magen Avraham 89:3 argues that many rishonim hold that Alot is once the rays of the sun begin to show even though the Eastern part of the sky isn't light. Torat Yoma 28a siman 11 writes that the Rambam Pirush Mishnayot Yoma 3:1 and Ritva Yoma 28a hold like the Rosh and Rabbenu Yerucham, while Rashi sides with the Magen Avraham. Practically, the Mishna Brurah (Biur Halacha 89:1 s.v. v'im) writes that one shouldn't be lenient for the Magen Avraham as the Eliya Rabba, Mateh Yehuda, and Gra argue with the Magen Avraham. Therefore, Alot is once the rays of the sun began to show and also the Eastern part of the sky became light.
*Sefer Zmanim KeHilchatam (Rabbi Berstein, pg 347) writes that 72 minutes on a perfect day in Jerusalem is equal to when the sun is 16 degrees below the horizon and 90 minutes is equal to 19.78 degrees below the horizon. He personally rules that one should be strict for both of these opinions for Deoritta halachas and those derabbanan halachas where safek is lechumra. He tries to prove that this is the opinion of the Mishna Brurah (92:3, Beiur Halacha 163:1 s.v. Berachok). However, he totally rejects the opinion that [[Alot HaShachar]] is 120 minutes before sunrise. [It is noteworthy that astronomical dawn is the time when the Sun is at 18 degrees below the horizon and before then the sky is absolutely dark ([timeanddate.com https://www.timeanddate.com/astronomy/different-types-twilight.html]).]
*Sefer Zmanim KeHilchatam (Rabbi Berstein, pg 347) writes that 72 minutes on a perfect day in Jerusalem is equal to when the sun is 16 degrees below the horizon and 90 minutes is equal to 19.78 degrees below the horizon. He personally rules that one should be strict for both of these opinions for Deoritta halachas and those derabbanan halachas where safek is lechumra. He tries to prove that this is the opinion of the Mishna Brurah (92:3, Beiur Halacha 163:1 s.v. Berachok). However, he totally rejects the opinion that [[Alot HaShachar]] is 120 minutes before sunrise. [It is noteworthy that astronomical dawn is the time when the Sun is at 18 degrees below the horizon and before then the sky is absolutely dark ([timeanddate.com https://www.timeanddate.com/astronomy/different-types-twilight.html]).]
*He also quotes Rabbi Tukachinsky who held like the opinion of 90 minutes.
*He also quotes Rabbi Tukachinsky who held like the opinion of 90 minutes.
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