Birchot Kriyat Shema: Difference between revisions

==Who's exempt?==

# Ashkenazi women can voluntarily say [[Brachot]] [[Kriyat Shema]], while Sephardim may not make any Bracha that they aren’t obligated to make. <Ref> Even though the Pri Megadim (Ashel Avraham 296:11) writes that [[Brachot]] which don’t entail any action can not be volunteered including [[Brachot]] [[Kriyat Shema]], the Yeshuot Yacov 422:6 argues that any Bracha that’s is preparation for a mitzvah may be volunteered but not a Bracha that is the complete mitzvah such as [[Havdalah]] . The S”A HaRav 70:1, Mishna Brurah 70:2, and Aruch HaShulchan 70:1 rule that Ashkenazic women are permitted to voluntarily say [[Brachot]] [[Kriyat Shema]]. Concerning Sephardim, the Sh”t Or Letzion 2:5 pg 55 writes that since [[Brachot]] [[Kriyat Shema]] are praise women are permitted to volunteer to say them, while Sh”t Yabia Omer 8:8 and Sh”t Otzrot Yosef 4:3 argue on that [[Brachot]] can’t be volunteered even such a case. Halacha Brurah (Birur Halacha 70:3) explains that for Sephardim there’s a triple safek to permit women to make the Bracha: 1) perhaps women are obligated in Derabbanan time bound mitzvot (like Rashi and not Tosfot [[Brachot]] 20b), 2) perhaps women may volunteer a non-action Bracha that they are exempt from (like the Yeshuot Yacov and not Pri Megadim) and 3) perhaps on a Bracha that’s not of the form Vetzivanu women may volunteer the Bracha (like Rosh (Kedushin 31a) and not Rabbenu Tam). Nonetheless, Halacha Brurah concludes that the second and third Safek are really one Safek (as in Sh”t Yabia Omer 2:6:9) and on a double Safek we still say [[Safek Brachot LeHakel]]. </ref>

# According to Ashkenazim, some say there is an obligation to say the [[Brachot]] after shema (Emet Veyasiv, Emet VeEmunah, Haskivenu) because of the mitzvah to remember Egypt. However, according to Sephardim it’s not an obligation to say any of the [[Brachot]] [[Kriyat Shema]]. <Ref> However, the Magan Avraham 70:1 writes that women are obligated to say the Bracha of Emet VeYatziv since the obligation of remembering leaving Egypt is a mitzvah that’s not time-bound. The Solet Belulah 70:1, S”A HaRav 70:1, Siddur Bet Ovad ([[Kriyat Shema]] [[Arvit]] 1-2), and Mishna Brurah 70:2 agree with the Magan Avraham. However, the Sh”t Shagat Aryeh 12 writes that women are exempt from the mitzvah of remembering leaving Egypt since it’s a time bound mitzvah since the mitzvah of the day is different from the nighttime mitzvah. The Nezirut Shimshon 67, Limudei Hashem 142, and Aruch HaShulchan 70 agree with the Shagat Aryeh. Sh”t Shevet HaLevi 6:12 writes that according to Ashkenazim since there are those who say that it’s an obligation and even if it’s not an obligation it can be said voluntarily (as Rama 589:6 writes), there is nothing to loose by saying the Bracha. However, Sephardim hold that if a person is exempt from a Bracha one may not make the Bracha voluntarily (as S”A 589:6 writes). Therefore, Sh”t Yabia Omer O”C 2:20, Halacha Brurah 70:2 and Sh”t Shevet HaLevi 6:12 hold that Sephardic women aren’t obligated to say the Bracha (at least there’s a doubt) and so it shouldn’t be said voluntarily. </ref>

# If one started the bracha of Yotzer with “Baruch atta Hashem…Asher Bidvaro [[Mariv]] Aravim” (the words usually said by [[Brachot]] Shema of [[Arvit]]) and concluded with “HaMariv Aravim” one doesn’t fulfill his obligation and must repeat the bracha of Yotzer. <Ref> [[Brachot]] 12a (according to Rashi, other Rishonim explain it differently) says that if one started with Yotzer Or and concluded with [[Mariv]] Aravim one doesn’t fulfill his obligation but if one started with [[Mariv]] Aravim and concluded with Yotzer Meorot one fulfills his obligation because the bracha follows the conclusion (whenever the conclusion has it’s own Baruch). Implied from all the Rishonim (see Bet Yosef 59:2) who discuss the Gemara is that if one started with [[Mariv]] Aravim and concluded with it one doesn’t fulfill his obligation. This is also the opinion of Halacha Brurah 59:7. </ref>

# If one concludes “HaMariv Aravim” even if he mentioned Yotzer Or in the beginning of the bracha one doesn’t fulfill his obligation and must repeat the bracha. <ref> Pri [[Chadash]] 671:2 writes that the Rif holds if one said Yotzer Or in the beginning then even if he concludes with [[Mariv]] Aravim he fulfills his obligation. However, this opinion is in conflict of all the Rishonim and Achronim who agree that the conclusion is needs to be correct but disagree as to whether also the beginning needs to be correct (Bet Yosef 59:2). The Mamer Mordechai 59:3 and Halacha Brurah 59:8 argue with the Pri [[Chadash]]’s proof. </ref>

# If one is unsure whether he’s in middle of [[Brachot]] Yotzer Or or Ahavat Olam such as he was caught saying “HaGadol Hagibor VeHanorah” which appears in both [[Brachot]] and was unsure which he was saying, he should return the Hagol Hagibor of the first bracha. Yet, one has what to rely on to continue with the second Bracha. <ref> Sh”t Pri HaAretz 1:3 rules that one should return to the first bracha. Sh”t Mateh Efraim Arditi 2 pg 3b, Sh”t Kol Eliyahu 2:4, Petach Dvir 60:3 concur. Halacha Brurah 59:17 supports this from the Meiri ([[Brachot]] 16a), Nemukei Yosef (16a), and Piskei Riaz ([[Brachot]] 2:3(3)) who write the law if one is unsure while in middle of [[Kriyat Shema]] he should return the earlier mention of the similar words and conclude “so too by [[Brachot]] of Shema before and after.” Halacha Brurah concludes that in our case there isn’t an issue of [[Safek Brachot LeHakel]] since according to some Rishonim if one doesn’t say the first bracha at all and only said the second one would be making a bracha levatala because both are necessary. In our case there is a safek whether to go back and perhaps say an extra bracha that’s unnecessary or to continue and perhaps be actively making the second bracha levatala. Nonetheless, many Achronim rule that a person should continue from the second bracha because of [[Safek Brachot LeHakel]] including Yad Aharon (Hagahot Tur 60), Bear Heteiv 60:1, Sh”t Kiryat Chana 1, Shalmei Tzibbur 91c, Kesher Gudal 10:8, Hagahot Rabbi Akiva Eiger 64:3, Sh”t Nishmat Chaim 6, Chesed LeAlafim 60:5, and Ben Ish Chai Shemot 4. </ref>

==  Interruptions==

# One can’t answer Baruch Hu Ubaruch Shemo <ref> Magan Avraham 124:9 says any time one isn’t allow to talk one can’t answer Baruch Hu UBaruch Shemo, therefore seemingly in [[Pesukei DeZimrah]] and [[Brachot]] [[Kriyat Shema]] one can’t answer it (according to Rif and Rosh ([[Brachot]], Ein Omdin) who say not to interrupt with speech from Brauch Shamar until after [[Shemoneh Esrei]]). Bear Heteiv 66:9, Chida in Tov Ayin 18:35, Shulchan Aruch HaRav 124:8, Sh”t Zechur LeYitzchak Harari 7, implied by Mishna Brurah 51:8, and Halacha Brurah 51:16 forbid answering Baruch Hu UBaruch Shemo. However, Kaf HaChaim Palagi 18:13, however holds that one can answer it even in [[Brachot]] [[Kriyat Shema]].</ref>

# One can’t answer the [[Kedusha]] of Brachat Yotzer or Uva Letzion. <Ref> Sh”t Yabia Omer 5:7(2) says not to answer because of the Rishonim who hold that it’s not a Dvar Shebekedusha (Ravya 1:2,66, Talmedei Rabbenu Yonah 13a in name of some Geonim, Hagahot Maymonit Tefilah 7:90 in name of Rashi, Sh”t Maharam 143, Mordechai [[Brachot]] 69, Rosh ([[Brachot]] 3:18, Megilah 3:7), Tur 59, Orchot Chaim (Din [[Kedusha]] Meyushav 1), Ritva Megilah 23b). Sh”t Otzrot Yosef 4:4 rules that even in Pesukei Dezimrah one shouldn’t answer it for the same reason. </ref>

# One can’t interrupt for the Vayavor and the 13 midot. <Ref> Sh”t Otzrot Yosef 4:4 </ref>

# If one finished Yotzer Or or Ahavat Olam, Minhag Sephardim is that one shouldn’t answer [[amen]] to the bracha of Shaliach Tzibbur (or anyone else who finishes the bracha). Lechatchila one should complete the bracha together with the Shaliach Tzibbur so that one doesn’t have to get into the dispute whether one should make an [[amen]] or not. Minhag Ashkenaz is to answer [[amen]] after the bracha of the Shaliach Tzibbur but concerning Ahavat Olam it’s lechatchila to complete it with the Shaliach Tzibbur so as not to het into the dispute. <Ref> S”A 59:4 and Rama 61:3. Bet Yosef 59:4 writes that the Rosh (Teshuvat HaRosh 4:19)would finish Yotzer Or early in order to answer [[amen]] to the bracha of the Shaliach Tzibbor. Bet Yosef says that implied from the [[teshuva]] is the even after Ahavat Olam he would answer [[Amen]]. However Rabbenu Yonah in name of Rambam ([[Brachot]] 1:17), Ramban, and Razah says that one can’t interrupt between the bracha and Shema. Bet Yosef concludes that the Minhag is not to answer [[amen]] (Maharik (Shoresh 42) agrees), but to remove oneself from dispute one should read the bracha together with the Shaliach Tzibbur. Rama 59:4 (and in Darkei Moshe 59:6) writes that the Minhag Ashkenaz is like the Rosh to finish early and answer [[Amen]]. Halacha Brurah (see Otzrot Yosef 4:8) adds that even Ashkenazim should preferably finish Ahavat Olam with the Shaliach Tzibbur to remove oneself from the dispute especially since the Tur (in name of Ramo (with a hey)) implies it’s not an obligation to finish early but only if one did then one can answer [[amen]]. [Interesting point: Bet Yosef makes a few implications from the Teshuvat HaRosh: 1) if one did finish the bracha together with the Shaliach Tzibbor it’s forbidden to answer [[amen]] because of [[Brachot]] 45b which says one shouldn’t answer [[amen]] after one’s own bracha. 2) One can’t listen to the entire bracha from the Shaliach tzibbor and then answer [[amen]] because one might remove his concentration and loose out on the bracha. Yet if one reads the bracha even if one looses concentration he still is considered as if he said the whole bracha. 3) (Bet Yosef’s first answer) The Rosh held that the practice of Rabbenu Yonah to read the whole bracha to oneself and only the end listen to the Shaliach Tzibbor also had the issue of loosing concentration when listening.] </ref>