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Birchot Kriyat Shema: Difference between revisions

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==Shomea KeOneh==
==Shomea KeOneh==
# One must say Brachot Kriyat quietly with the Shaliach Tzibbur. However Bedieved, if one was able to concentrate on all of the words of the Shaliach Tzibbur (even though the Brachot are very long), one can fulfill his obligation because of Shomea KeOnah. <Ref>Shomea KeOneh by all Brachot is brought down in Tur and S”A 25:10 based on Sukkah 38b, Yerushlami Megilah 2, and Rambam (Brachot 1:11). The Bet Yosef 59 says that it also applies to Brachot Kriyat Shema. He quotes Sh”t HaRosh 4:19 who says if it weren’t for the concern that a person can’t concentrate on the entire long Bracha, it’d be preferable to hear the bracha rather than make it yourself because Ahavat Olam is a request for Torah learning. Yet, by other Brachot, Tosfot (Sukkah 38b, Brachot 21b) writes that it is preferable to say the bracha by oneself rather than hear it from someone else (because of Mitzvah Bo Yoter MeBeShlucho). S”A 59:4 rules like the Rosh that one should say the Brachot quietly by oneself. But Bedieved one can fulfill one’s obligation as the Rama 59:4 writes. </ref> The three stipulations for Shomea KeOneh to work are (1) that the one listening has intent to fulfill his obligation and the one reading has intent to fulfill the obligation of others, <ref> Concerning listening to Shofar blowing, see Rosh Hashana 28b, 33b, Rambam Shofar 2:4, Tur and S”A 589:8. </ref> (2) a minyan is present,<ref> Talmedei Rabbenu Yonah 13b writes that even though one can fulfill Kedushat Yotzer individually one can only fulfill Brachot Kriyat Shema with a Minyan because one can’t be Poress Al Shema (according to Talmedei Rabbenu Yonah means fulfilling someone else’s obligation of Kriyat Shema) without a minyan. So writes Ritva (Megilah 23b), Rambam (Tefilah 8:5 according to the explanation of the Kesef Mishna), and Rama 59:4. Ran 13b, Rashba (Brachot 21b) and Gra 59:10 write that according to those who hold a minyan is needed for Kedushat Yotzer one clearly needs a minyan for Brachot Kriyat Shema. Nonetheless, the Bet Yosef quotes the Mahari Avuhav who says that others (Rashi and other Rishonim on Megilah 23b) argue on the Rabbenu Yonah’s explanation of Poress Al Shema. Rashi says Poress Al Shema is a way that a group where everyone already prayed can make a Brachot Kriyat Shema if there’s a minyan. Therefore according to Rashi one shouldn’t need a minyan to fulfill the obligation of others. S”A doesn’t bring the qualification of Talmedei Rabbenu Yonah in S”A and perhaps doesn’t agree to it and prefers the explanation of the Mahari Avuhav. Nonetheless, Halacha Brurah 59:14 writes that since no other Achronim write that the S”A here doesn’t agree with the Rama one should be strict like the Rama. The Achronim (Magan Avraham 59:5, Avudraham (Brachot Kriyat Shema), Sh”t Maharm El Ashkar 10, Machsit HaShekel 59:5, Shulchan Aruch HaRav 59:4, Mishna Brurah 59:15, Kaf HaChaim 59:27, and Halacha Brurah 59:14) rule that one needs a minyan (like Rama) to fulfill the obligation of someone who isn’t an fluent in the Brachot.  </ref> and (3) the one reading hasn’t yet fulfilled his obligation. Otherwise, it only works for someone who doesn’t know how to make Brachot. Bedieved one fulfills his obligation even if the one listening knows how to make the Brachot. <Ref> Halacha Brurah 59:14 writes just like Brachot HaMitzvah, Shevach, and Hodah, Brachot Kriyat Shema Bedieved can be fulfilled with the reading someone who already fulfill his obligation. However Brachot HaNehenin one doesn’t fulfill his obligation unless the one making the bracha is obligated for himself. If one hasn’t fulfill his obligation then Shomea KeOneh works without limitation, however if the one reading has fulfilled his obligation there’s a dispute whether he can fulfill the obligation of someone who know how to make the Brachot. Bahag (Hilchot Kidush VeHavdalah) writes that Shomea KeOneh is limited to where the person listening doesn’t know how to make it himself. Sh”t Geonim Shaarei Teshuva 116, Sh”t Rambam Pear Hadar 75, Kol Bo 31, Itur (Matzah UMaror pg 136b), and Orchot Chaim (Kiddush HaYom 14, 16) concur. However, Or Zaruh 2:262, Sh”t Maharam MeRotenburg (Prague 111), Hagot Asheri (Rosh Hashana 3e), Mordechai (Rosh Hashana 721), and Ran (Rosh Hashana 34a) hold that it works whether the one listening knows how to make the bracha or not. Bet Yosef 594 quotes the Mordechai as halacha but S”A 273 rules like the Bahag, concerning this see Sh”t Or Li 41. Yet, Halacha Brurah 59:14 and Buir Halacha (273 D”H Vehu; see Mishna Brurah 585:5) write that one Bedieved someone who knows how to make Brachot can fulfill his obligation. </ref>
# One must say Brachot Kriyat quietly with the Shaliach Tzibbur. However Bedieved, if one was able to concentrate on all of the words of the Shaliach Tzibbur (even though the Brachot are very long), one can fulfill his obligation because of Shomea KeOnah. <Ref>Shomea KeOneh by all Brachot is brought down in Tur and S”A 25:10 based on Sukkah 38b, Yerushlami Megilah 2, and Rambam (Brachot 1:11). The Bet Yosef 59 says that it also applies to Brachot Kriyat Shema. He quotes Sh”t HaRosh 4:19 who says if it weren’t for the concern that a person can’t concentrate on the entire long Bracha, it’d be preferable to hear the bracha rather than make it yourself because Ahavat Olam is a request for Torah learning. Yet, by other Brachot, Tosfot (Sukkah 38b, Brachot 21b) writes that it is preferable to say the bracha by oneself rather than hear it from someone else (because of Mitzvah Bo Yoter MeBeShlucho). S”A 59:4 rules like the Rosh that one should say the Brachot quietly by oneself. But Bedieved one can fulfill one’s obligation as the Rama 59:4 writes. </ref> The three stipulations for Shomea KeOneh to work are (1) that the one listening has intent to fulfill his obligation and the one reading has intent to fulfill the obligation of others, <ref> Concerning listening to Shofar blowing, see [[Rosh Hashana]] 28b, 33b, Rambam Shofar 2:4, Tur and S”A 589:8. </ref> (2) a minyan is present,<ref> Talmedei Rabbenu Yonah 13b writes that even though one can fulfill Kedushat Yotzer individually one can only fulfill Brachot Kriyat Shema with a Minyan because one can’t be Poress Al Shema (according to Talmedei Rabbenu Yonah means fulfilling someone else’s obligation of Kriyat Shema) without a minyan. So writes Ritva (Megilah 23b), Rambam (Tefilah 8:5 according to the explanation of the Kesef Mishna), and Rama 59:4. Ran 13b, Rashba (Brachot 21b) and Gra 59:10 write that according to those who hold a minyan is needed for Kedushat Yotzer one clearly needs a minyan for Brachot Kriyat Shema. Nonetheless, the Bet Yosef quotes the Mahari Avuhav who says that others (Rashi and other Rishonim on Megilah 23b) argue on the Rabbenu Yonah’s explanation of Poress Al Shema. Rashi says Poress Al Shema is a way that a group where everyone already prayed can make a Brachot Kriyat Shema if there’s a minyan. Therefore according to Rashi one shouldn’t need a minyan to fulfill the obligation of others. S”A doesn’t bring the qualification of Talmedei Rabbenu Yonah in S”A and perhaps doesn’t agree to it and prefers the explanation of the Mahari Avuhav. Nonetheless, Halacha Brurah 59:14 writes that since no other Achronim write that the S”A here doesn’t agree with the Rama one should be strict like the Rama. The Achronim (Magan Avraham 59:5, Avudraham (Brachot Kriyat Shema), Sh”t Maharm El Ashkar 10, Machsit HaShekel 59:5, Shulchan Aruch HaRav 59:4, Mishna Brurah 59:15, Kaf HaChaim 59:27, and Halacha Brurah 59:14) rule that one needs a minyan (like Rama) to fulfill the obligation of someone who isn’t an fluent in the Brachot.  </ref> and (3) the one reading hasn’t yet fulfilled his obligation. Otherwise, it only works for someone who doesn’t know how to make Brachot. Bedieved one fulfills his obligation even if the one listening knows how to make the Brachot. <Ref> Halacha Brurah 59:14 writes just like Brachot HaMitzvah, Shevach, and Hodah, Brachot Kriyat Shema Bedieved can be fulfilled with the reading someone who already fulfill his obligation. However Brachot HaNehenin one doesn’t fulfill his obligation unless the one making the bracha is obligated for himself. If one hasn’t fulfill his obligation then Shomea KeOneh works without limitation, however if the one reading has fulfilled his obligation there’s a dispute whether he can fulfill the obligation of someone who know how to make the Brachot. Bahag (Hilchot Kidush VeHavdalah) writes that Shomea KeOneh is limited to where the person listening doesn’t know how to make it himself. Sh”t Geonim Shaarei Teshuva 116, Sh”t Rambam Pear Hadar 75, Kol Bo 31, Itur (Matzah UMaror pg 136b), and Orchot Chaim (Kiddush HaYom 14, 16) concur. However, Or Zaruh 2:262, Sh”t Maharam MeRotenburg (Prague 111), Hagot Asheri ([[Rosh Hashana]] 3e), Mordechai ([[Rosh Hashana]] 721), and Ran ([[Rosh Hashana]] 34a) hold that it works whether the one listening knows how to make the bracha or not. Bet Yosef 594 quotes the Mordechai as halacha but S”A 273 rules like the Bahag, concerning this see Sh”t Or Li 41. Yet, Halacha Brurah 59:14 and Buir Halacha (273 D”H Vehu; see Mishna Brurah 585:5) write that one Bedieved someone who knows how to make Brachot can fulfill his obligation. </ref>
# If the Shliach Tzibbor was fulfilling the congregation their obligation and because of a mistake had be replaced in middle of Brachot Yotzer Or, if it was before Kedushat Yotzer the second Shaliach should start again from the beginning of the Bracha. However if first Shaliach already said Kedusha the second one should just begin from right after Kedushat Yotzer. <Ref> S”A 59:5 based on the Yerushalmi (Brachot 5:3). Bet Yosef asks why Rambam left this halacha out and suggests that it goes against the Bavli as the Sh”t Rashba 1:35 suggests. Bet Yosef concludes that one may rely on the Yerushalmi and Darkei Moshe argues that since Poskim brought down the Yerushalmi it’s a Bracha Levatala not to follow the Yerushalmi and have the second Shaliach start from the beginning of the bracha. Machasit HaShekel 59:6 (against the Magan Avraham) writes that even S”A in his wording agrees with Darkei Moshe and retracted from his opinion in Bet Yosef that it’s only if one wants one can rely on the Yerushalmi. </ref> However (nowadays) if the Shliach isn’t fulfill the obligation of others because everyone is saying the Brachot to themselves, then the second Shliach just continues from where the first left off. <Ref> Chaye Adam 29:6, Mishna Brurah 59:29, Halacha Brurah 59:16, Yalkut Yosef 1 pg 113 hold that nowadays when the Shaliach doesn’t fulfill the obligation of others the second should just continue from where the first left off. Yet Sh”t Rav ELiyahu Gutmacher O”C 10 pg 18 argues that the Tur implies it applies even nowadays. Yalkut Yosef argues and concludes because of Safek Brachot the second Shaliach shouldn’t return to the beginning. </Ref>
# If the Shliach Tzibbor was fulfilling the congregation their obligation and because of a mistake had be replaced in middle of Brachot Yotzer Or, if it was before Kedushat Yotzer the second Shaliach should start again from the beginning of the Bracha. However if first Shaliach already said Kedusha the second one should just begin from right after Kedushat Yotzer. <Ref> S”A 59:5 based on the Yerushalmi (Brachot 5:3). Bet Yosef asks why Rambam left this halacha out and suggests that it goes against the Bavli as the Sh”t Rashba 1:35 suggests. Bet Yosef concludes that one may rely on the Yerushalmi and Darkei Moshe argues that since Poskim brought down the Yerushalmi it’s a Bracha Levatala not to follow the Yerushalmi and have the second Shaliach start from the beginning of the bracha. Machasit HaShekel 59:6 (against the Magan Avraham) writes that even S”A in his wording agrees with Darkei Moshe and retracted from his opinion in Bet Yosef that it’s only if one wants one can rely on the Yerushalmi. </ref> However (nowadays) if the Shliach isn’t fulfill the obligation of others because everyone is saying the Brachot to themselves, then the second Shliach just continues from where the first left off. <Ref> Chaye Adam 29:6, Mishna Brurah 59:29, Halacha Brurah 59:16, Yalkut Yosef 1 pg 113 hold that nowadays when the Shaliach doesn’t fulfill the obligation of others the second should just continue from where the first left off. Yet Sh”t Rav ELiyahu Gutmacher O”C 10 pg 18 argues that the Tur implies it applies even nowadays. Yalkut Yosef argues and concludes because of Safek Brachot the second Shaliach shouldn’t return to the beginning. </Ref>