Birchot Kriyat Shema
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Revision as of 06:57, 27 December 2009 by ChachamY (Created page with 'Hilchot Kiryat Shema U’Birchoteha ==Obligation == # There’s a Torah obligation to say Shema once in the morning and once at night as it says “VeDibarta Bam…BeShovkacha …')
Hilchot Kiryat Shema U’Birchoteha
- 1 Obligation
- 2 Earliest time and Vatikin
- 3 Can one say Shema at Olot HaShachar(72 minutes in Shaot Zmaniot before Netz)?
- 4 Saying Shema of Arvit after Netz and then Shema of Shacharit afterwards
- 5 When to say it if one missed Vatikin (Netz)
- 6 Lastest time
- 7 Making up Shema after the entire day passes
- 8 The time of the Magan Avraham and Gra
- 9 Saying Shema without Tefilin
- 10 Obligation to say Brachot Kriyat Shema
- 11 Brachot Yotzer Or
- 12 Making a mistake in Yotzer Or
- 13 Interruptions
- 14 How Kriyat Shema is to be Read
- 15 Saying without Brachot
- 16 The Kedusha of Yotzer and Uva Letzion
- 17 Shomea KeOneh
- 18 Sources
- 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. 
Earliest time and Vatikin
- The best way to do the mitzvah (called Vatikin) is to say Shema a little before Netz so that one can juxtapose Geulah to Tefilah and start Shemona Esreh at Netz. </ref> S”A 58:1 rules that it’s the most preferable way to do the mitzvah like the Rambam (Kriyat Shema 1:11-12) and most rishonim. </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. 
Can one say Shema at Olot HaShachar(72 minutes in Shaot Zmaniot before Netz)?
- 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 (even earlier than one is able to recognize an acquaintance from 4 amot). 
- 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 
- 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. 
- In a Shat HaDachak at Olot HaShachar, one can only say Shema with the Bracha of Ahavat Olam/ Ahava Rabba. When the time for Shema comes, meaning an hour before Netz, one can Lechatchila say Yotzer Or. If one also says Yotzer Or after Olot he has what to rely on. 
- 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. 
Saying Shema of Arvit after Netz and then Shema of Shacharit afterwards
- 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. 
- 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 ) even if it’s a Shat HaDachak since he already established that time as night by saying Shema of Arvit. 
- If one usually prays at Vatikin saying Shema of Shacharit right before Netz, if one had an ones and had to say Shema of Arvit after Olot, before Mesheyakir, one should say Shema of Shacharit before Netz with a stipulation “If one can say Shema twice before Netz, I want to fulfill Shema of Shacharit with this reading, if one can’t say two Shema’s before Netz I don’t want fulfill my obligation of Shema of Shacharit but only to juxtapose Shema to Shemona Esreh” and then after Netz one should repeat Shema. 
When to say it if one missed Vatikin (Netz)
- If one doesn’t say Shema at Netz one should say it as soon as possible. However one shouldn’t say it earlier beyachid if one can say it later with a minyan before the latest time for Shema. 
- The latest time for Kriyat Shema is the end of the third hour (in Shaot Zmaniot ) which is a quarter of the day. 
- If one didn’t say Shema before the third hour, one can still say it with Brachot until the end of the forth hour; but one doesn’t fulfill Shema in it’s proper time. 
- If one didn’t say Shema before the forth hour one should say it without Brachot until the end of the day. Ashkenazim can say it with Brachot until Chatzot if it was an ones. 
- One can rely on the time of the Gra to make the Brachot Shema until the end of the forth hour. 
Making up Shema after the entire day passes
- If one didn’t say Shema during the day there’s no way to make-up by saying it twice during the night and certainly one shouldn’t say it twice at night with Brachot. 
The time of the Magan Avraham and Gra
- There’s a dispute of how to measure the day, some count the day from Olot Shachar until Tzet HaKochavim (Magan Avraham) and some count it from Netz/Zerichat Hashemesh until Shekiah (Gra). By Deoritta laws (including Kiryat Shema) one should be strict like the time of M”A, but if it’s Shat Hadachak one has what to rely on to go like the time of the Gra. 
- One shouldn’t say Kriyat Shema without the Brachot, however if one will miss the time, one should say it without Brachot, and then when one gets up to Shema again one should say it with the Brachot. 
- If one’s in doubt whether one could finish Shema with Brachot in time, one should say Shema without Brachot with the following stipulation: “If I won’t complete Shema with Brachot in it’s time, I intend to fulfill my obligation to say Shema now. If I will be able to complete Shema with Brachot in it’s time, my reading now should be like reading Torah and I want to fulfill my obligation only with my reading with Brachot later on.” 
- Similarly, if one can say Shema by the time of M”A without Brachot one should say it then and repeat it with Brachot by the time of the Gra with the following stipulation: “If halacha follows those who count 3 hours from Olot Hashachar, I intend to fulfill my obligation to say Shema now. If halacha follows those who count 3 hours from Netz, my reading now should be like reading Torah and I want to fulfill my obligation only with my reading with Brachot later on.” 
- One should say Shema on time even if one will have to pray Beyachid (without a minyan). 
Saying Shema without Tefilin
- If one doesn’t have Talit and Tefilin and is going to miss the time for Kriyat Shema one should say Kriyat Shema with Brachot in time and then repeat it with Talit Tefilin without Brachot. The same is true even if one is unsure whether one will miss the time for Kriyat Shema. 
- If there’s no fear of missing the time for Kriyat Shema one should put on Talit and Tefilin before saying Shema. 
Obligation to say Brachot Kriyat Shema
- Along with the Kriyat Shema one says seven Brachot of praise  are said as follows: by Shacharit, two Brachot prior to Shema and one after Shema, and by Arvit, two Brachot before Shema and two after Shema. 
- These Brachot are Derbanan. 
Brachot Yotzer Or
- In the Bracha of Yotzer we mention that Hashem created light and darkness in the phrase “Yotzer Or UBoreh Choshech”. 
- Some have the practice to kiss their Tefilin Shel Yad while saying “Yotzer Or UBoreh Choshech” and to keep one’s hand one the Tefilin through the entire phrase. Mekubalim have the practice not to kiss their Tefilin Shel Rosh in the Brachot Kriyat Shema. 
Making a mistake in Yotzer Or
- If one started the bracha of Yotzer with “Baruch atta Hashem…Asher Bidvaro Mariv Aravim” (the words usually said by Brachot Shema of Arvit) and concluded with “HaMariv Aravim” one doesn’t fulfill his obligation and must repeat the bracha of Yotzer. 
- If one concludes “HaMariv Aravim” even if he mentioned Yotzer Or in the beginning of the bracha one doesn’t fulfill his obligation and must repeat the bracha. 
- If one concluded with “Yotzer HaMeorot” but started the bracha of Yotzer with “Baruch atta Hashem…Asher Bidvaro Mariv Aravim” (the words usually said by Brachot Shema of Arvit), there’s a dispute whether one fulfills his obligation and so one shouldn’t repeat the bracha (Safek Brachot LeHakel). 
- If one concluded “Yotzer HaMeorot” and said the words “Yotzer Or” in the beginning of the Bracha (even not within Toche Kedei Dibur of the phrase “Bidvaro Mariv Aravim”) one fulfills his obligation. 
- If one needs to repeat the bracha of Yotzer Or (because of a mistake) it should be said immediately. However if one didn’t realize the mistake until after the next bracha of Ahavat Olam then one should only say it after Shemona Esrah. Ashkenazim have what to rely on to say Yotzer Or after Ahavat Olam before Shema. 
- If one is unsure whether he’s in middle of Brachot Yotzer Or or Ahavat Olam such as he was caught saying “HaGadol Hagibor VeHanorah” which appears in both Brachot and was unsure which he was saying, he should return the Hagol Hagibor of the first bracha. Yet, one has what to rely on to continue with the second Bracha. </ref> Sh”t Pri HaAretz 1:3 rules that one should return to the first bracha. Sh”t Mateh Efraim Arditi 2 pg 3b, Sh”t Kol Eliyahu 2:4, Petach Dvir 60:3 concur. Halacha Brurah 59:17 supports this from the Meiri (Brachot 16a), Nemukei Yosef (16a), and Piskei Riaz (Brachot 2:3(3)) who write the law if one is unsure while in middle of Kriyat Shema he should return the earlier mention of the similar words and conclude “so too by Brachot of Shema before and after.” Halacha Brurah concludes that in our case there isn’t an issue of Safek Brachot LeHakel since according to some Rishonim if one doesn’t say the first bracha at all and only said the second one would be making a bracha levatala because both are necessary. In our case there is a safek whether to go back and perhaps say an extra bracha that’s unnecessary or to continue and perhaps be actively making the second bracha levatala. Nonetheless, many Achronim rule that a person should continue from the second bracha because of Safek Brachot LeHakel including Yad Aharon (Hagot Tur 60), Bear Heteiv 60:1, Sh”t Kriyat Chana 1, Shalmei Tzibbur 91c, Kesher Gudal 10:8, Hagot Rabbi Akiva Eiger 64:3, Sh”t Nishmat Chaim 6, Chesed LeAlafim 60:5, and Ben Ish Chai Shemot 4. </ref>
- If one hears Kedusha, one can only answer “Kadosh Kadosh…” and “Baruch Kavod…”, but not “Yimloch Hashem…” 
- One can’t answer Baruch Hu Ubaruch Shemo 
- One can’t answer the Kedusha of Brachat Yotzer or Uva Letzion. 
- One can’t interrupt for the Vayavor and the 13 midot. 
- One should answer only the first three words of Modim Derabanan, “Modim Anachnu Lach” and the rest one should just recite it in thought. 
- If one finished Yotzer Or or Ahavat Olam, Minhag Sephardim is that one shouldn’t answer amen to the bracha of Shaliach Tzibbur (or anyone else who finishes the bracha). Lechatchila one should complete the bracha together with the Shaliach Tzibbur so that one doesn’t have to get into the dispute whether one should make an amen or not. Minhag Ashkenaz is to answer amen after the bracha of the Shaliach Tzibbur but concerning Ahavat Olam it’s lechatchila to complete it with the Shaliach Tzibbur so as not to het into the dispute. 
==Kissing Tefilin and Tzitzit during Shema==
- When one says “UKeshartem LeOt Al Yadecha” one should kiss the Tefilin Shel Yad. When one says “Vehayu LeTotafot Ben Eiynecha” one should kiss the Tefilin Shel Rosh. 
- When one says “UReetem Oto” (in the third paragraph of Shema) one should kiss the two front tzitiyot. 
How Kriyat Shema is to be Read
- One should read the first Pasuk out loud by everyone in the congregation in order to inspire Kavana.  The rest of Shema should preferably be said out loud individually but if the congregation wants otherwise one can say it quietly as along as it’s loud enough to be heard by oneself. 
- One should read Kriyat Shema with the tune of Torah reading. So is the Minhag of Sephardim and some Ashkenzim, however some Ashkenazim have the Minhag to not say it with the tune. However one should still pasue in the proper places not to mess up the meaning of the words. 
Saying without Brachot
- Lechatchila one should say the Brachot before Shema but if one said Shema without Brachot one must still say Brachot Kriyat Shema. When he repeats the Brachot he should say Shema again. 
The Kedusha of Yotzer and Uva Letzion
- The Minhag is to be lenient to say the Kedusha of Yotzer and Uva Letzion privately without the minyan. However it’s proper that when says by oneself one should say it with the Torah reading tune.  If there’s one is praying in a minyan that already said Kedushat Yotzer (for example one is late) one can be lenient to say it individually even without the Torah reading tune. 
- One must sit for Kedushat Yotzer and if one was previously standing one should sit. Ashkenazim hold that it’s preferable to sit but not necessary. 
- One should kiss his Tefilin Shel Yad during Kedushat Yotzer. 
- The congregation should say it out loud and if an individual says it he should say it quietly. 
- 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.  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,  (2) a minyan is present, 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. 
- 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.  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. 
- 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.
- S”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.
- 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.
- 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.
- 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.
- S”A 58:3 says in Shat HaDachak one can even say Yotzer Or from Olot HaShachar based on Rashba (Brachot 8b). However Magan Avraham 58:5 argues that the Rashba only holds that way because he holds that one must say the Brachot in order but since S”A 60 holds that can say it out of order one shouldn’t say Yotzer Or after Olot. The Gra agrees and says that so is the opinion of the Rambam (Tamidin UMusafin 6:4). So rules Buir Hetiev 58:5, Pri Megadim A”A 58:5, Shulchan Aruch HaRav 58:6, Magan Giborim 58:6, and Mishna Brurah 58:17. However some Rishonim allow Yotzer to be said at Olot including Rokeach 320 pg 210, Nemukei Yosef Brachot 8b, Orchot Chaim (Kriyat Shema 6), and Sefer HaBatim (Kriyat Shema 2:7). Also some Achronim argue with the Magan Avraham including Eliyah Raba 58:7, Levush 58:3, Shulchan HaGavoha 58:9, Siddur Bet Ovad (Kriyat Shema 5), and Kaf HaChaim 58:19.
- 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.
- 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.
- 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.
- Rosh (Brachot 1:9) writes that logically one should 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.
- Sh”t Ish Matzliach on Mishna Brurah 58 says that it should work without a stipulation because of Safek Sefeka whether the law is like the Rosh and one can’t say Shema twice after Olot, or not and whether this law only applies from Olot to Mesheyakit or until Netz. Yet he concludes that it’s preferable one make a stipulation. Halacha Brurah 58:13 argues on the Safek Safeka but seemingly doesn’t argue on the stipulation.
- Halacha Brurah 58:8 says that one should wait for a minyan if one won’t miss the time for Shema. So holds Sh”T Nodea BeYehuda (Kama O”C 3), Mishna Brurah 58:5, Sh”t Eleph Lacha Shlomo O”C 47 that only one will miss the time of Shema should one say it Beyachid.
- S”A 58, 89:1 based on Rambam in Sh”t Pear Hadar 44 writes that all times of Chazal are Shaot Zmaniot and in Hilchot Tefilah 3 (where he equates 4 hours with a third of the day). So holds the Meiri Brachot 9b, Rav Ovadyah MeBarentura, and Sh”t Maharil 163. However Tosfot HaRosh Brachot 3b D”H Kiyvan writes to calculate the hours equally all year round. The Achronim rule like S”A including Pri Chadash 58:2, Sh”t Shagat Aryeh 5e, Shulchan Gavoha 58:13, SHulchan Aruch HaRav 58:3, Chaye Adam 21:3, Kitzur Shulchan Aruch 17:1, Sh”t Rav Poalim 2:2,3,19, Ben Ish Chai Vaera 5, Sh”t Chesed LeAvraham Teomim Kama O”C 7, Mishna Brurah 58:5.
- Brachot 9b has a dispute of the latest time for Shema. The Gemara 10b rules like Rabbi Yehoshua who says that it’s the 3rd hour. So hold the Rambam(Kriyat Shema 1:11), Tur, and S”A 58:6. Rambam, Meiri Brachot 9b, Talmedei Rabbenu Yonah 4b hold that after Netz until the 3rd hour is only bedieved (after the fact. However implied from majority of Rishonim(including Tur and S”A) is that it’s even Lechatchila. Machsor Vitri (1 pg 7), Yerayim 13, Roke’ach 320, Ravyah 1:15, Rabbenu Yehonatan Melunil (Brachot 1), Siddur Rav Amram 1:15-6 rule the ending time is the beginning of the third hour. However S”A 58:6 rules it’s the end of the 3rd hour based on majority of Rishonim including Tosfot (Avofda Zara 4b D”H Betelat), Smag (Asin 18), Smak 104, Rambam (Kriyat Shema 1:11), Meharam Rikatani 5, Piskei Rid (Brachot 10b), Piskei Riaz, Eshkol 1:5, Chinuch 420, Meiri (Brachot 9b), Sefer HaBatim (Shema 2:6), Orchot Chaim (Shema 5), Rashbetz (Brachot 10b).
- Brachot 9b says if one missed the time for Kriyat Shema one can read it with Brachot. Rambam (Kriyat Shema 1:13), Rif (Brachot 9b), Bahag, Shiltei Giborim (Brachot 10b in name of Smag, Ravyah 25 pg 14, Sefer Chinuch 420, Rid (Brachot 10b), and Riaz Brachot 1:1(7) hold that one can make the Brachot the entire day. However the Rosh Brachot 1:10 quotes Rav Hai Goan that one can only say the Brachot until the 4th hour. So holds Rabbenu Chananel (Brachot 10b), Or Zaruha 1:16, Siddur Rav Sadyah Goan 13, Meiri (Brachot 10b), Ravan 139, Tur and S”A 58:6. Most Achronim agree with S”A including Levush 58:6, Bach, Taz 58:4, Petach Dvir 2 pg 18a in name of Rav Chaim Vital, Shulchan Gavoha 58:12, Siddur Yavetz , Gra 58:15, Pri Megadim M”Z 58:4, Shulchan Aruch HaRav 58:10, Chaye Adam 21:3, Kaf HaChaim 58:25, and Halacha Brurah 58:14. However some argue on S”A allow one to say Brachot all day including Sh”t Radvaz 2:156, Pri Chadash 58:6, Rav Chaim Ben Atar in Rishon LeTzion (Brachot 10b), Sh”t Chaim Shal 2:38(70), Keshur Gudal 6:4, and Erech HaShulchan 58:3.
- Halacha Brurah goes according to S”A that after the forth hour one can make the Brachot. However Mishna Brurah (Buir Halacha D”H Korah Bli Bracha) says one can rely on the Mishkanot Yacov O”C 80 and Maharil to say it with Brachot until Chatzot.
- Yalkut Yosef 1:109 and Halacha Brurah 58:14 based on a Safek Safeka with many Rishonim that allow one to make the Brachot all day and that Brachot Kriyat Shema may be Deoritta as well as the fact that many Rishonim that say to count the time of the Gra. Even though most of the time a Safek Safeka isn’t enough to make Brachot (Sh”t Yachave Daat 5:21 in the note) here it’s sufficient.
- The Bet Yosef brings two opinions on the issue: the Kol Bo says some say there’s a way to make up Shema during the night and the Sefer Hashlama holds one can’t make it up the next day. S”A 58:7 writes “If one didn’t say Shema during the day some say one should say Shema twice during the night and if one didn’t say Shema during the night one should say Shema during the day twice and some argue” . The general rule is that when S”A quotes two opinions both with the language “some say” we follow the second one. [Sh”t Avodat Girshoni 114, Knesset HaGedolah (Klalei HaPoskim 62), Sh”t Ginat Veradim (Choshen Mishpat 5:11), Sh”t Bet David O”C 114, and Shulchan Gavoha 17] In our topic Birkei Yosef 58:6, Erech Lechem 58, Levush 108:2, Gra 58:17, Erech HaShulchan 58:4, Shemen HaMoar 58, Shalmei Tzibbor pg 170b, Shulchan Aruch HaRav 58:11, 108:4, Chaye Adam 27:7, Bet Ovad (Tashlumin Achar Arvit 21), Mishna Brurah 58:29, Kaf HaChaim 58:27, and Halacha Brurah 58:15 rule that there’s no way to make up Shema past the day. However, Pri Chadash 58:7, Nachalat Tzvi 108:8, Mekor Chaim 58:7, 80:1, Eliyah Raba 58:12, and Eliyahu Zuta 108:2 say that one should repeat it during the night without Brachot.
- Many are strict to count from Olot including: Sh”t Trumat HaDeshen 1, Levush 267 ,Minchat Cohen (Mevoh Shemesh 2:6) in name of Tosfot Ramban and Rashba, Bach (431), Taz 433, Pri Chadash 443, Magan Avraham 58:1, 433:3, Eliyah Raba 58:2, Mizbe’ach Adama 4a, Mikraeh Kodesh 158b, Mateh Yehuda 433, Sh”t Chaim Shal 2:38(70), Tov Ayin 18:38, Sh”t Teshuva MaAhava 1:25, Shalmei Tzibbur 93c, Chesed Alafim 58:5, Chaye Adam 21:3,27:1, Kitzur Shulchan Aruch 17:1, Magan Giborim (Shiltei Hagiborim 58:3), and Rav Poalim O”C 2:2. || Majority hold that we count from Netz incluing: Rambam’s Sh”t Pear Hadar 44 (as understood by Halacha Brurah (Shaar Tzion 58:17), Rav Chaim Drok in Noam 9 pg 235, and Orot Chaim 320 against the Yetsiat Mitzmayim (Sefaka Deyoa pg 115)), Siddur Rav Sadyah Goan pg 12, Minchat Cohen Mevoh Hashemesh 2:6 in name of Goanim, Rambam Rabbenu Yonah, Hagot Maimon, and Mordechai (Pri Chadash rejects his proofs), Shiltei Hagiborim on the Mordechai (Brachot 4:3) (as understood by Magan Avraham 233:3, Mishna Brurah (Shaar Tzion 233:10), and Kaf HaChaim 233:7), Levush (233:1,267), Shaarei Knesset Hagedolah 58:8, Tosfot Yom Tov (Pesachim 2:3), Rambam Perush Mishnayot, and Biur HaGra 459:2. In conclusion, Minchat Cohen (Mevoh Hashemesh 2:9), Erech HaShulchan 433, Halichot Olam 1Vaera 3, and Yalkut Yosef 1 pg 98 write that one should be strict to count from Olot in matters of Deoritta and so by Kiryat Shema one should follow the time of Magan Avraham.
- Sefer Meorot (Beginning of Brachot), Bet Yosef 46, Darkei Moshe 58:3 and Rama 58:4 say that one should say the Shema in it’s time and then repeat it with Brachot. Sh”t Mishkenot Yacov O”C 80 challenges this.
- see next note
- Hagot Rabbi Akiva Eiger 46:9 based on S”A 489:3 concerning Sefirat HaOmer. Yalkut Yosef 1 pg 120 supports this based on a Shibolei Haleket 48. So says Sh”t Avnei Nezer O”C 2:449, Sh”t Tzitz Eliezer 7:4, and Halacha Brurah 58:4.
- Sh”T Nodea BeYehuda (Kama O”C 3), Mishna Brurah 58:5, Sh”T Eleph Lacha Shlomo O”C 47, and Halacha Brurah 58:5.
- Brachot 14b says there that Rav said Shema and then put on Talit and Tefilin because the person who was bringing his talit and Tefilin forgot to bring it by the time for Shema. So rules Levush 58:2, Sharei Knesset Gedolah 58:9, Olot Tamid 58:1, Eliyah Raba 58:5, Mishna Brurah 58:5, and Kaf HaChaim 58:11. Mishna Brurah 58:5 and Halacha Brurah 58:5 rule that one should also say Shema without Tefilin if there’s a doubt one will miss the time.
- Gemara Brachot says that saying Shema without Tefilin is like testifying against oneself because the parsha of Shema includes the command to wear Tefilin. Olot Tamid 58:1, Eliyah Raba 58:5, Kaf HaChaim 58:11, Halacha Brurah 58:5, and Mishna Brurah 58:5 rule that if there’s no fear of missing the time for Shema one shouldn’t say Shema without Tefilin.
- In total there are seven Brachot of thanks and praise, which the Yerushalmi (Brachot 1:5) says is based on the pasuk “Shevah BaYom Hilalticha Al Mishpatei Tzidkatach” (Tehilim 119:164) “Seven times a day I praise you with the laws of your righteousness” meaning one says seven Brachot of praise along with words of Torah, i.e. Shema. This connection is brought down by Rashi (Brachot 11a), Rishonim on Brachot 11a, and Tur 58.
- Mishna in Brachot 11a says that one makes two before Shema and one afterwards by Shacharit and two before and two afterwards by Arvit. So rules Rambam (Kriyat Shema 1:5), and Tur 58.
- Kol Bo (Siman 5e and 122) say that Brachot Pesukei Dezimrah are Derabanan but Brachot Kriyat Shema are Deoritta. So writes Rabbenu Yosef ben Pelet and Rabbenu Yishaya. However, it seems(lacking explicit sources) that we hold Le’halacha that the Brachot are Derabbanan as many times the Achronim use the idea of Safek Brachot LeHakel by these Brachot as well.
- Brachot 11b, Tur and S”A 59:1 who gives gives the reason that we say Hashem also created darkness so that the heretics don’t say that G-d who created light didn’t create darkness (based on Talmedei Rabbenu Yonah 5b).
- Shaar Kavanot (Yotzer UKriyat Shema pg 18d, 19a, Nusach Tefilah pg 51b) writes both practices. It’s brought down in the Achronim including the Kaf Hachaim Palagi 14:2, Chesed LeAlafim 59:1, Minchat Aharon 13:1, Ben Ish Chai (Shemot 1, Beshalach 1), Kaf HaChaim Sofer 59:2 and Halacha Brurah 59:2. Od Yosef Chai (shemot 3) writes not to remove one’s hand from the Tefilin until one says UBoreh Choshech.
- Brachot 12a (according to Rashi, other Rishonim explain it differently) says that if one started with Yotzer Or and concluded with Mariv Aravim one doesn’t fulfill his obligation but if one started with Mariv Aravim and concluded with Yotzer Meorot one fulfills his obligation because the bracha follows the conclusion (whenever the conclusion has it’s own Baruch). Implied from all the Rishonim (see Bet Yosef 59:2) who discuss the Gemara is that if one started with Mariv Aravim and concluded with it one doesn’t fulfill his obligation. So rules Halacha Brurah 59:7.
- Pri Chadash 671:2 writes that the Rif holds if one said Yotzer Or in the beginning then even if he concludes with Mariv Aravim he fulfills his obligation. However, this opinion is in conflict of all the Rishonim and Achronim who agree that the conclusion is needs to be correct but disagree as to whether also the beginning needs to be correct (Bet Yosef 59:2). The Mamer Mordechai 59:3 and Halacha Brurah 59:8 argue with the Pri Chadash’s proof.
- See previous note. Bet Yosef gives two explanations in the Tur. The first explanation (which is the opinion of the Rosh Brachot 1:14), is that one needs both the beginning and conclusion of the Bracha to mention Yotzer Or to fulfill one’s obligation. S”A 59:2 (along with Rama’s comment) rules that if one didn’t say the beginning of the Bracha and the conclusion correctly one doesn’t fulfill his obligation and so he must repeat. So holds the Prisha 59:3. Derisha 59:1, Levush 59:2, Bach 59, Hagot Maralach 59:1, Taz 59:1, Magan Avraham 59:1, Chemed Moshe 59:1, Mamer Mordechai 59:4, Shulchan Aruch HaRav 59:1, and Kaf HaChaim 59:15. The second explanation is that as long as the conclusion is correct one fulfills his obligation. The Bet Yosef says that this is also the opinion of the Rashba (Brachot 12a) in name of Rashi. So holds the Gra 59:4, and Erech Lechem 59. Halacha Brurah says that this is also the opinion of the Rambam (according to Talmedei Rabbenu Yonah 6a, Rabbenu Manoach, and Sefer HaBatim against the Kesef Mishna’s understanding of the Rambam), Rif (according to Hashlama, Sefer Meorot (Brachot 12a), and Rashbetz against the implication that the Rosh and Bet Yosef didn’t quote the Rif), the Rivavan Rid, Nemukei Yosef and Meiri in name of Yesh Omrim. Mishna Brurah (Biur Halacha D”H VeLo Amar) adds that this is the opinion of Ramban (who was explaining the Yerushalmi Brachot 1:4). Therefore, Halacha Brurah and Ish Matzliach on Mishna Brurah conclude because of a Safek Brachot LeHakel even against S”A (so says Chida in Sh”t Chaim Shoel 2:248) we don’t repeat the bracha.
- S”A 59:2 says it counts as a mentioning of the beginning is one remembers “Meyad”(immediately). Bach 59, Perisha 59:3, Pri Chadash 59:2 say that if one forgot to mention in the first phrase “Asher Bidvaro Mariv Aravim” and remembers immediately meaning within Toche Kadei Dibbur it’s considered as mentioning it in the beginning. If only remembers later on it doesn’t count as a mentioning in the beginning. So explains the Pri Megadim (M”Z 59:1) the words of S”A. However, Mamer Mordechai 59:4, Mishna Brurah (Biur Halacha D”H Venizkar Meyad), Shalmei Tzibbur 90a, Kaf HaChaim 59:16, and Halacha Brurah 59:7 explain that S”A used the word “Meyad” as the usual case as it seems from Bet Yosef and so one only needs to remember anytime before the bracha at the conclusion.
- S”A 60:2 rules that one can say Shema without Brachot and then later say the Brachot. Therefore, Magan Avraham 59:1 says if one needs to repeat the bracha and one already said the bracha of Ahavat Olam one shouldn’t interrupt there with Yotzer Or but rather should say it after Shemona Esreh. So holds Beir Heteiv 59:2, Machsit HaShekel 59:1, Kesher Gudal 1:4, Shalmei Tzibbur 90a, Shulchan Aruch HaRav 59:1, Siddur Bet Ovad (Dinei Kriyat Shema 4), and Halacha Brurah 59:8. However the Eliyah Raba 59:2 argues that it’s not an interruption and needs to be said before Shema. So rules Derech HaChaim in name of the Rashba, Kaf HaChaim 59:17, and Mishna Brurah 59:2. However Halacha Brurah and Sh”t Tehila LeDavid 59:5 say that the Eliyah Raba says it’s not an interruption only according to Rashba (Brachot 11b) who says that Ahavat Olam isn’t a Brachot HaMitzah. However, Ramban (Likutei HaRamban beginning of Brachot D”H Kavar Haya) disagrees and holds it’s a Birkat HaMitzvah. Thus, one should not interrupt like the Magan Avraham. [The first explanation of the Bet Yosef 59 says that the Rosh (Sh”t HaRosh 4:19) holds Ahavat Olam isn’t a Birkat HaMitzvah and Rambam (Brachot 1:17) holds it is a Birkat HaMitzvah.]
- By Birchot Shema, Rosh brachot 2:5 quotes Maharam MeRutenberg who says even though the gemara (Brachot 13b) allows an interruption of greeting one who is due respect still one can’t interrupt one praise of Hashem with another. The Rosh argues that one can answer kaddish or kedusha and brings a proof from Brachot 21a that only in Shemona Esreh one can’t answer dvarim shebekedusha. So rules Tur and S”A 66:3 that one in kiryat Shema one can interrupt for Kaddish, kedusha and baruchu.. Since regularly Shulchan Aruch 125:1 holds one doesn’t say the entire passage of Kedusha and the Arizal (Shaar Kavanot 3 of Chazarat Amida pg 39a) holds one does say the entire passage, in a place where one can’t interrupt then one shouldn’t say the entire passage, so holds Kaf Hachaim of Rabbi Chaim Sofer 66:18. Concerning Yimloch, the Divrei Chamudot Brachot 2:23 says Yimloch isn’t one of the relevant pasukim said by Yishya and Yichezkel from the angels. Magan Avraham 66:6 supports this with a Tosefta and we hold not like the Hagat Yesh Nochlin (azharat tefilah 12 D”H vechen le’inyan). So holds Eliyah Raba 66:5, Yad Aharon 66 Hagot Hatur, Shulchan Aruch HaRav 66:5,Shalmei Tzibbur 96, Chaye Adam 20:4, Sh”t Chatom Sofer Kovetz teshuvot 4, Kitzur Shulchan Aruch 16:3, Mishna Brurah 66:17, Sh”t Yabea Omer O”C 2:4, Sh”t Yechava Daat 6:3, Halichot Olam 1 Shemot 5 D”H VeDah. However the Gra 66:10 argues based on many rishonim (such as Ravya Brachot 66, Orchot Chaim Tefilah 78) that Yimloch is part of Kedusha. Therefore one should refrain from saying Yimloch during Brachot Kiyat Shema.
- Magan Avraham 124:9 says any time one isn’t allow to talk one can’t answer Baruch Hu UBaruch Shemo, therefore seemingly in Pesukei DeZimrah and Brachot Kriyat Shema one can’t answer it (according to Rif and Rosh (Brachot, Ein Omdin) who say not to interrupt with speech from Brauch Shamar until after Shemona Esreh). Bear Heteiv 66:9, Chida in Tov Ayin 18:35, Shulchan Aruch HaRav 124:8, Sh”t Zechur LeYitzchak Harari 7, implied by Mishna Brurah 51:8, and Halacha Brurah 51:16 forbid answering Baruch Hu UBaruch Shemo. However, Kaf HaChaim Palagi 18:13, however holds that one can answer it even in Brachot Kriyat Shema.
- Sh”t Yabea Omer 5:7(2) says not to answer because of the Rishonim who hold that it’s not a Dvar Shebekedusha (Ravya 1:2,66, Talmedei Rabbenu Yonah 13a in name of some Geonim, Hagot Maymonit Tefilah 7:90 in name of Rashi, Sh”t Maharam 143, Mordechai Brachot 69, Rosh (Brachot 3:18, Megilah 3:7), Tur 59, Orchot Chaim (Din Kedusha Meyushav 1), Ritva Megilah 23b). Sh”t Otzrot Yosef 4:4 rules that even in Pesukei Dezimrah one shouldn’t answer it for the same reason.
- Sh”t Otzrot Yosef 4:4
- S”A 66:3 says that one can interrupt Kriyat Shema with Dvarim Shebekedusha like the Tosfot (Brachot 13b D”H Shoel; Megilah 18b D”H Nekot), Ravyah 1:47, Mordechai (Brachot 40), Talmedei Rabbenu Yonah 7b, Shibolei HaLeket (Brachot, end of 15), Bach 66 in name of Smak 104, and Rosh 2:5. [However, Rosh (Brachot 2:5) and Rabbenu Yerucham (2:3 pg 24a) quote Maharam MeRotenburg who forbids Dvarim Shebekedusha.] Talmedei Rabbenu Yonah 7b say that one shouldn’t say Modim Derabban but rather only bow with the congregation. Bet Yosef 66:3 quotes Trumat HaDeshen 2 who says that one can answer Modim Derabbanan. Bet Yosef concludes that saying the word “Modim” wouldn’t be forbidden even according to Talmedei Rabbenu Yonah. The Achronim explain that the S”A 66:3 who says one should only say the word “Modim” and not the entire paragraph meant one should answer the first three words. So comments Levush 66, Lechem Chamudot, Taz 66:3, Olat Tamid 66:8, Magan Avraham 66:6, Kitzur Shulchan Aruch 16:3, Chaye Adam 20:4, Ben Ish Chai (Shemot 6), Kaf Hachaim 66:22, Mishna Brurah 66:20, and Halacha Brurah 66:16.
- S”A 59:4 and Rama 61:3. Bet Yosef 59:4 writes that the Rosh (Teshuvat HaRosh 4:19)would finish Yotzer Or early in order to answer amen to the bracha of the Shaliach Tzibbor. Bet Yosef says that implied from the teshuva is the even after Ahavat Olam he would answer Amen. However Rabbenu Yonah in name of Rambam (Brachot 1:17), Ramban, and Razah says that one can’t interrupt between the bracha and Shema. Bet Yosef concludes that the Minhag is not to answer amen (and so writes Maharik (Shoresh 42)), but to remove oneself from dispute one should read the bracha together with the Shaliach Tzibbur. Rama 59:4 (and in Darkei Moshe 59:6) writes that the Minhag Ashkenaz is like the Rosh to finish early and answer Amen. Halacha Brurah (see Otzrot Yosef 4:8) adds that even Ashkenazim should preferably finish Ahavat Olam with the Shaliach Tzibbur to remove oneself from the dispute especially since the Tur (in name of Ramo (with a hey)) implies it’s not an obligation to finish early but only if one did then one can answer amen. [Interesting point: Bet Yosef makes a few implications from the Teshuvat HaRosh: 1) if one did finish the bracha together with the Shaliach Tzibbor it’s forbidden to answer amen because of Brachot 45b which says one shouldn’t answer amen after one’s own bracha. 2) One can’t listen to the entire bracha from the Shaliach tzibbor and then answer amen because one might remove his concentration and loose out on the bracha. Yet if one reads the bracha even if one looses concentration he still is considered as if he said the whole bracha. 3) (Bet Yosef’s first answer) The Rosh held that the practice of Rabbenu Yonah to read the whole bracha to oneself and only the end listen to the Shaliach Tzibbor also had the issue of loosing concentration when listening.]
- S”A 61:25
- S”A 61:25
- S”A 61:4 and Rama 61:26.
- Halacha Brurah 61:9 based on S”A 61:26 who says that there is a practice for everyone to say it quietly and there’s a practice to say it out loud.
- Talmidei Rabbenu Yonah 8b says that one must say Kriyat Shema with the Torah reading tune. So rules the Tur and S”A 61:24. Rama adds that the Minhag Ashkenaz is not to say it with the tune but some are strict in this regard.
- S”A 60:2 rules that one can say Shema without Brachot and then later say the Brachot. It’s a dispute between the Bahag (End of first perek of Brachot), Rosh (Brachot 2:1), Rashba (Brachot 12a), Meiri (Brachot 11b) and Mahari Avuhav (quoted by Bet Yosef) who say that one can say Shema without Brachot and Rav Hai Goan (quoted by the Rosh), Tosfot(Brachot 13a D”H Haya Koreh), and Sefer Eshkol 1:6 pg 12 who say one can’t say Shema without Brachot. S”A rules that one doesn’t need to say the Brachot together with Shema (since he already said Shema) based on Rashba (Brachot 12a D”H UShma Minah), and Orchot Chaim (Kriyat Shema 14). But S”A adds that it’s preferable to say it together with Shema.
- There’s a dispute in the Rishonim whether these kedushot are Dvar Shebekedusha that need to be said with a minyan or not. Masechet Soferim 16:12 says that these Kedushot can be said by an individual. However the Zohar (Yitro 34a quoted by Bet Yosef) says not to say it without a minyan. Rambam (Kriyat Shema 7:17) writes that an individual should skip it rather than say it without a minyan. However Sh”t Rambam 313 (Bilav Edition) writes that one an individual can say it. So writes Rabben Avraham ben HaRambam (beginning of Maseh Roke’ach) and Rabbenu Yerucham(3:2 pg 24d), and Mahari Avuhav (Tur 59) that the Rambam retracted from his opinion in Yad Chazaka. The following hold it’s a Dvar Shebekedusha: Rav Amram Goan hashalem 1:15 pg 33) in name of Rav Tzemach Goan by Kedushat Uva Lesion and Rav Saadiah Goan by Kedushat Yotzer, Shibolei HaLeket Brachot 13 in name of many Goenim, Piskei Riaz (Megilah 3:3), and Sh”t Rashba (1:7,5:9), while the following hold it can be said by an individual: Ravya 1:2,66, Talmedei Rabbenu Yonah 13a in name of some Geonim, Hagot Maymonit Tefilah 7:90 in name of Rashi, Sh”t Maharam 143, Mordechai Brachot 69, Rosh (Brachot 3:18, Megilah 3:7), Tur 59, Orchot Chaim (Din Kedusha Meyushav 1), and Ritva Megilah 23b. Some Rishonim differentiate between Yotzer which can’t be said by an individual and Kedushat Uva LeTzion which can be said by an individual including Ran (Megilah 13b), Ramban (Lekutim Beginng of Brachot D”H VaAni Evin S”A 59:3, Rabbenu Yerucham (3:3), and Rivavan (Brachot 45b). Bet Yosef 59:3 concludes even though the Minhag is to say it privately since there’s no Gemara on the topic one should follow the Zohar as halacha. Nonetheless, as by Vayavor (which is Dvar Shebekesha) one can say it privately with the Torah reading tune (Sh”t Rashba 1:211) so too by concerning Kedushat Yotzer one can say it privately with the Torah reading tune (Sh”t Trumat HaDeshen 8). S”A 59:3 writes that some say an individual can say Kedushat Yotzer and some say not to and one should be concerned for this opinion and say it with the Torah reading tune. The Rama adds that the minhag is to say it as an individual. Sh”t Radvaz 4:10 and Biur HaGra 59:5 rule that even saying with the Torah tune isn’t sufficient and an individual should just skip it. Ben Ish Chai (Od Yosef Chai Shemot 6-7) writes that the Minhag Bagdad is to say it with the Torah reading tune to satisfy the opinion of the Zohar. Kesher Gudal 10:11, Levush 59:3, Shulchan Aruch HaRav 59:2, Magan Giborim (Aleph HaMagan 59:4), Mishna Brurah 59:11, Halacha Brurah 59:10, Sh”t Yabea Omer O”C 5:7(2). The Minhag nowadays is to say it privately even without the Torah reading tune but it’s preferable to say it with the tune.
- Pri Chadash 59:3 writes that everyone agrees that if one is praying with a minyan that already said it that one can say it individually. This quoted by Pri Megadim (A”A 59:3) Magan Giborim (Aleph HaMagen 59:3), and Mishna Brurah 59:10. However the Mamer Mordechai 59:6 argues that it seems that all the poskim (including S”A) don’t make this distinction. This quoted by Shalmei Tzibbor pg 91c, Minchat Aharon 13:5, Od Yosef Chai Shemot 7, and Kaf HaChaim 59:21. Halacha Brurah 59:10 writes that since the Minhag is to be lenient in the first place to say it privately even without Torah reading tune, in such a situation one can be lenient.
- Sh”t Teshuvat HaRambam (Mekisei Nirdamim, Freedman, 33, Bilav 262) writes that it’s improper to stand for Kedushat Yotzer especially when the entire congregation is sitting (he even calls it Lo Tigodedo!). The Zohar (Trumah pg 132b) writes that one should sit for Kedushat Yotzer. This is brought down by Arizal (Shaar Kavanot 2 Chazarat HaAmida 38d), Magan Avraham 59:2, Solet Belulah 59:1, Kesher Gudal 10:10, Shalmei Tzibbor 91c, Siddur 1, Chesed LeAlafim 59:2, Sharei Teshuva 59:3, Ben Ish Chai (Shemot 2). Pri Etz Chaim (Chazarat Amida 4) and Kaf HaChaim 59:20 extend this also to Uva Letzion. Thus, Halacha Brurah 59:11 rules that one must sit even if he was previously standing. However, Sh”t Rama MePano 102 writes that if one was standing and sat for Kedusha one is making a mistake and if one was sitting and stood for Kedusha it’s recognized that he’s not wise, implying that one shouldn’t change from the position he is in already. So writes Knesset HaGedolah (who limits the Rama MePano to Kedushat Yotzer), Olot Tamit 59:1, Shulchan Aruch HaRav 59:2, and Machasit Shekel 59:2. Bear Heteiv 59:3 brings down both the Magan Avraham and Rama MePano. Based on this, Mishna Brurah 59:12 writes that it’s preferable to sit for Kedushat Yotzer.
- Ben Ish Chai (Shemot 2), and Halacha Brurah 59:11.
- Ravyah Brachot 1:66, Hagot Maimon (Tefilot Kol HaShana 3), Rama 59:3 say that Kedushat Yotzer should be said out loud. Eliyah Raba 59:4 says that this only applies with the congregation but an individual should say it quietly. Shar Teshuva 59:3 and Mishna Brurah 59:13 quote the Eliyah Raba and Shalmei Tzibbor pg 155a who says that there’s no concern for an individual to say it aloud. Halacha Brurah 59:12 rules like the Eliyah Raba because that distinction is clear in the Ramban (Lekutim beginning of Brachot D”H VeAni Evin).
- 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.
- Concerning listening to Shofar blowing, see Rosh Hashana 28b, 33b, Rambam Shofar 2:4, Tur and S”A 589:8.
- 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.
- 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.
- 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.
- 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.