Birchot Kriyat Shema: Difference between revisions

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Hilchot Kiryat Shema U’Birchoteha
==Who's exempt?==
 
==Obligation ==
# 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>
 
==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>
# 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.  
# 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>
 
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>
# 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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