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Birchot Kriyat Shema: Difference between revisions
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# 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> | ||
==Who's Exempt?== | |||
# Women are exempt from Kriyat Shema <ref>S”A 70:1 explains that they are exempt because Kriyat Shema is a Mitzvah Aseh SheZman Grama. </ref> however it is proper <Ref>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. </ref> that women say the pasuk of Shema Yisrael <Ref> 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. </ref> (and Baruch Shem) <ref>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. </ref>. | |||
# Women are exempt from Brachot Kriyat Shema. <ref> Magan Avraham 70:1 writes that women are exempt from the Brachot Kriyat Shema since it’s a time-bound mitzvah. Bear Heitev 70:1, S”A HaRav 70:1, Mishna Brurah 70:2, Kaf HaChaim 70:1, and Halacha Brurah 70:2 agree. Halacha Brurah (Birur Halacha 70:2) writes that this should be dependant on a dispute in the rishonim whether on Derabbanan’s there’s an exemption of Mitzvah Ashe SheZman Grama [This is the general dispute between Tosfot (Brachot 20b D”H Tefillah, Pesachim 108b D”H Af, Megillah 24 D”H Mi) who writes that women are exempt from Derabban time bound mitzvot and Rashi (quoted by Tosfot Brachot 20b) holds that women are obligated in Derabbanan time bound mitzvot.] </ref> | |||
# Ashkenazim 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 Yabea 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 Yabea 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 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> | |||
A person who became a mourner after the time for Shacharit or Mincha began and didn’t yet pray, is obligated to make Tashlumin (after the burial). Mishna Brurah 71, Magan Giborim and Derech HaChaim hold that a person is chayav, while the Yad Efrayim (Aninut 29), Birkei Yosef 341:17, Chachmat Shlomo 71, and Sh”t Shevet HaLevi 6:11 hold that one is exempt from Tashlumin. | |||
# A groom the night of his wedding is obligated to say the Kriyat Shema. <ref> 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. </ref> | |||
# 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. <Ref> Mishna Brurah 70:23 and Halacha Brurah 70:6 </ref> | |||
# However, if someone started a task after the time of Kriyat Shema he must stop immediately. <Ref> Mishna Brurah 70:23 and Halacha Brurah 70:6 </ref> | |||
# Nonetheless, if one began eating before Olot HaShachar, one must stop immediately at Olot HaShachar since one may not eat before saying Kriyat Shema. <Ref> Mishna Brurah 70:23 and Halacha Brurah 70:6 </ref> | |||
== Earliest time and Vatikin== | == Earliest time and Vatikin== | ||
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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> | # 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> | ||
==Can one say Shema at Olot HaShachar | ==Can one say Shema at Olot HaShachar?== | ||
# 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 ( | # 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> | ||
# 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> | # 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> | ||
# 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> | # 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> | ||
