Birchot Kriyat Shema: Difference between revisions

# 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]]. Ritva (Megilah 23b), Rambam (Tefilah 8:5 according to the explanation of the Kesef Mishna), and Rama 59:4 agree. 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 (Magen 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), Hagahot 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 Beiur Halacha (273 s.v. Vehu; see Mishna Brurah 585:5) write that one Bedieved someone who knows how to make [[Brachot]] can fulfill his obligation. </ref>