Birchot Kriyat Shema: Difference between revisions

# 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>

# 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>

# 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>