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| # 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 Yabea 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> | | # 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 Yabea 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> |
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| == Earliest time and Vatikin==
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| # The best way to do the mitzvah (called Vatikin) is to say Shema a little before Netz so that one can juxtapose Geulah to Tefilah and start Shemona Esreh at Netz. </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>
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| # 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. <ref> ”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. </ref>
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| ==Can one say Shema at Olot HaShachar?==
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| # 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). <ref> 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. </ref>
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| # 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 <ref> 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. </ref>
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| # 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. <ref> 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. </ref>
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| # 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. <ref> 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. </ref>
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| # 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. <ref> 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. </ref>
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| == Saying Shema of Arvit after Netz==
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| # 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. <ref> 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.</ref>
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| # 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 <ref>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. </ref>) even if it’s a Shat HaDachak since he already established that time as night by saying Shema of Arvit. <Ref> 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. </ref>
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| # 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. <Ref> 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. </ref>
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| == When to say it if one missed Vatikin (Netz)==
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| # 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. <ref> 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. </ref>
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| == Lastest time==
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| # The latest time for Kriyat Shema is the end of the third hour (in Shaot Zmaniot <ref> 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. </ref>) which is a quarter of the day. <Ref> 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). </ref>
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| # 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. <ref> 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. </ref>
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| # 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. <Ref> 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. </ref>
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| # One can rely on the time of the Gra to make the Brachot Shema until the end of the forth hour. <Ref>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. </ref>
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| ==Making up Shema after the entire day passes==
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| # 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. <Ref> 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. </ref>
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| ==The time of the Magan Avraham and Gra==
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| # 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. <ref> 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. </ref>
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| # 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. <ref> 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. </ref>
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| # 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.” <Ref> see next note </ref>
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| # 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.” <ref> 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. </ref>
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| # One should say Shema on time even if one will have to pray Beyachid (without a minyan). <ref> 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. </ref>
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| ==Saying Shema without Tefilin==
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| # 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. <ref> 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. </ref>
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| # If there’s no fear of missing the time for Kriyat Shema one should put on Talit and Tefilin before saying Shema. <ref> 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. </ref>
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| ==Obligation to say Brachot Kriyat Shema== | | ==Obligation to say Brachot Kriyat Shema== |
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| # If one only has a Siddur with one or two of the Brachot and not the others or one only knows some of the Brachot, one shouldn’t say them at all because there’s a Safek Brachot Lehakel since some Rishonim hold that saying the Brachot altogether is Me’akev. The same applies if one is very close to the end of Zman Shemona Esreh after which one can’t say the Brachot, one shouldn’t only say some of the Brachot. <Ref> Mishna Brurah 60:6 rules that if someone only says one bracha one fulfills his obligation for that bracha. In Buir Halacha D”H Im Hikdim he explains that according to S”A that one can say Shema without Brachot certainly one can say only one bracha and even according to Rav Hai Goan that one can’t say Shema without Brachot that’s only by a Tzibbur and not an individual. However, Halacha Brurah 60:10 argues strongly that the topics of saying without Brachot and saying one Bracha without another Bracha are unrelated as is evident in the fact that the Sefer Hashlama and Meorot (Brachot 12a) are uncertain whether one fulfills his obligation if he only says one bracha, even though they clearly rule like S”A unlike Rav Hai that one can say Shema with Brachot. Additionally, there is a dispute in the Rishonim and Achronim about this topic. Rabbenu Avraham Aleshvili (Brachot 12a), Ritva (Brachot 12a), Meiri (Brachot 11b), Rashbetz (Brachot 13a), and Pri Chadash 60:1 hold that if one only made one bracha, one fulfills the obligation for that bracha. On the other hand, Rabbenu Chananel (Brachot 12a), Ravyah 1:36, Or Zaruh 1:25 in name of the Rach and Sefer Eshkol (pg 104), and Rambam (according to Pri Megadim M”Z 60:1 and Sh”t Shagat Aryeh 26 D”S VeKivan) hold that one doesn’t fulfill any obligation if one only makes one bracha. [These Rishonim don’t differentiate between an individual and a Tzibbur according to the opinion of Rav Hai seemingly because this topic is unrelated to the opinion of Rav Hai. However Ohel Moed 1:4 pg 36a does differentiate like the connection of the Mishna Brurah to the opinion of Rav Hai.] Pri Chadash 60:2 implies from S”A that only the order isn’t Me’akev but actually saying all the Brachot is Me’akev (and then argues on S”A). Chida (Machzik Bracha 60:1, Kiseh Eliyah 60:1 support S”A against Pri Chadash that saying all the Brachot is Me’akev. Therefore, concludes the Halacha Brurah because of the dispute on the issue and we hold Safek Brachot LeHakel one shouldn’t only say one bracha. </ref> | | # If one only has a Siddur with one or two of the Brachot and not the others or one only knows some of the Brachot, one shouldn’t say them at all because there’s a Safek Brachot Lehakel since some Rishonim hold that saying the Brachot altogether is Me’akev. The same applies if one is very close to the end of Zman Shemona Esreh after which one can’t say the Brachot, one shouldn’t only say some of the Brachot. <Ref> Mishna Brurah 60:6 rules that if someone only says one bracha one fulfills his obligation for that bracha. In Buir Halacha D”H Im Hikdim he explains that according to S”A that one can say Shema without Brachot certainly one can say only one bracha and even according to Rav Hai Goan that one can’t say Shema without Brachot that’s only by a Tzibbur and not an individual. However, Halacha Brurah 60:10 argues strongly that the topics of saying without Brachot and saying one Bracha without another Bracha are unrelated as is evident in the fact that the Sefer Hashlama and Meorot (Brachot 12a) are uncertain whether one fulfills his obligation if he only says one bracha, even though they clearly rule like S”A unlike Rav Hai that one can say Shema with Brachot. Additionally, there is a dispute in the Rishonim and Achronim about this topic. Rabbenu Avraham Aleshvili (Brachot 12a), Ritva (Brachot 12a), Meiri (Brachot 11b), Rashbetz (Brachot 13a), and Pri Chadash 60:1 hold that if one only made one bracha, one fulfills the obligation for that bracha. On the other hand, Rabbenu Chananel (Brachot 12a), Ravyah 1:36, Or Zaruh 1:25 in name of the Rach and Sefer Eshkol (pg 104), and Rambam (according to Pri Megadim M”Z 60:1 and Sh”t Shagat Aryeh 26 D”S VeKivan) hold that one doesn’t fulfill any obligation if one only makes one bracha. [These Rishonim don’t differentiate between an individual and a Tzibbur according to the opinion of Rav Hai seemingly because this topic is unrelated to the opinion of Rav Hai. However Ohel Moed 1:4 pg 36a does differentiate like the connection of the Mishna Brurah to the opinion of Rav Hai.] Pri Chadash 60:2 implies from S”A that only the order isn’t Me’akev but actually saying all the Brachot is Me’akev (and then argues on S”A). Chida (Machzik Bracha 60:1, Kiseh Eliyah 60:1 support S”A against Pri Chadash that saying all the Brachot is Me’akev. Therefore, concludes the Halacha Brurah because of the dispute on the issue and we hold Safek Brachot LeHakel one shouldn’t only say one bracha. </ref> |
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| ==Sources== | | ==References== |
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