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Kriyat Shema: Difference between revisions

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#The latest time for Kriyat Shema is the end of the third hour (in [[Shaot Zmaniot]] <ref>S”A 58, 89:1 based on Rambam in Sh”t Pear Hadar 44 where he writes that all times of Chazal are [[Shaot Zmaniot]]. The opinion of the Rambam is also found in Pirush Mishnayot Brachot ch. 1 and in Hilchot Tefilah 3 where he equates 4 hours with a third of the day. This is also the opinion of the Meiri [[Brachot]] 9b, Rav Ovadyah MeBarentura, and Sh”t Maharil 163. However Tosfot HaRosh [[Brachot]] 3b s.v. Kiyvan writes to calculate the hours equally all year round. See Peni Yehoshua on Brachot who supports the approach of the Tosfot Harosh. 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, and Kaf Hachaim 58:3. </ref>) which is a quarter of the day. <ref>[[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 [[HaNetz]] 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 s.v. 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).</ref>
#The latest time for Kriyat Shema is the end of the third hour (in [[Shaot Zmaniot]] <ref>S”A 58, 89:1 based on Rambam in Sh”t Pear Hadar 44 where he writes that all times of Chazal are [[Shaot Zmaniot]]. The opinion of the Rambam is also found in Pirush Mishnayot Brachot ch. 1 and in Hilchot Tefilah 3 where he equates 4 hours with a third of the day. This is also the opinion of the Meiri [[Brachot]] 9b, Rav Ovadyah MeBarentura, and Sh”t Maharil 163. However Tosfot HaRosh [[Brachot]] 3b s.v. Kiyvan writes to calculate the hours equally all year round. See Peni Yehoshua on Brachot who supports the approach of the Tosfot Harosh. 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, and Kaf Hachaim 58:3. </ref>) which is a quarter of the day. <ref>[[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 [[HaNetz]] 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 s.v. 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).</ref>
#Even though the primary time for the latest time of Shema is the third hour of the day according to the Gra, one should be strict for Magen Avraham to say before the third hour according to his calculation.<ref>Exactly how to calculate the end of the third hour is an argument of the poskim. The gra says that the day begins at sunrise and ends at sunset while the Magen Avraham says days begins at alot hashachar and ends at tzet hakochavim. Mishna Brurah 58:4 quotes both opinions and doesn’t make a ruling. Aruch hashulchan 58:14, Chazon Ish OC 13:3-4, Sh”t [http://www.hebrewbooks.org/pdfpager.aspx?req=14673&st=&pgnum=67 Iggerot Moshe OC 1:24], YD 3:129:3, Sh”t Minchat Yitzchak 3:71, all accept the later time of the Gra as the primary opinion. Igrot Moshe YD 4:48:4 writes that although the Gra is primary a person should be strict for the Magen Avraham. See Igrot Moshe 1:24 where he writes that on the charts you should print the Gra's times since that is the primary times. See however, Sh”t Teshuvot viHanhagot 1:56 quoting Rav Aharon Kotler and Orchos Rabbeinu 1:53 quoting the Steipler.  </ref>
#Even though the primary time for the latest time of Shema is the third hour of the day according to the Gra, one should be strict for Magen Avraham to say before the third hour according to his calculation.<ref>Exactly how to calculate the end of the third hour is an argument of the poskim. The gra says that the day begins at sunrise and ends at sunset while the Magen Avraham says days begins at alot hashachar and ends at tzet hakochavim. Mishna Brurah 58:4 quotes both opinions and doesn’t make a ruling. Aruch hashulchan 58:14, Chazon Ish OC 13:3-4, Sh”t [http://www.hebrewbooks.org/pdfpager.aspx?req=14673&st=&pgnum=67 Iggerot Moshe OC 1:24], YD 3:129:3, Sh”t Minchat Yitzchak 3:71, all accept the later time of the Gra as the primary opinion. Igrot Moshe YD 4:48:4 writes that although the Gra is primary a person should be strict for the Magen Avraham. See Igrot Moshe 1:24 where he writes that on the charts you should print the Gra's times since that is the primary times. See however, Sh”t Teshuvot ViHanhagot 1:56 quoting Rav Aharon Kotler and Orchos Rabbeinu 1:53 quoting the Steipler.  </ref>
#The latest time for the nighttime Shema is [[Chatzot]]. However, if didn't say before Chatzot one can still say it until [[Olot Hashachar]].<ref>Mishna Brachot 2a</ref>


==Latest Time for Brachot Kriyat Shema==
==Latest Time for Brachot Kriyat Shema==


#If one didn’t say Shema before the third hour, one can still say it with [[Brachot]] until the end of the fourth hour; but one doesn’t fulfill Shema in it’s proper time. <ref>[[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. This is also the opinion of 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. </ref>
#If one didn’t say Shema before the third hour, one can still say it with [[Brachot]] until the end of the fourth hour; but one doesn’t fulfill Shema in it’s proper time. <ref>[[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. This is also the opinion of 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. </ref>
#If one didn’t say Shema before the fourth 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. <ref>Halacha Brurah goes according to S”A that after the fourth hour one can make the [[Brachot]]. However Mishna Brurah (Beiur Halacha s.v. Korah Bli Bracha) says one can rely on the Mishkanot Yacov O”C 80 and Maharil to say it with [[Brachot]] until [[Chatzot]]. </ref>
#If one didn’t say Shema before the fourth 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 (unforeseen circumstance). <ref>Halacha Brurah goes according to S”A that after the fourth hour one can make the [[Brachot]]. However Mishna Brurah (Beiur Halacha s.v. Korah Bli Bracha) says one can rely on the Mishkanot Yacov O”C 80 and Maharil to say it with [[Brachot]] until [[Chatzot]]. </ref> Woman have the same halacha as men with respect to this halacha.<ref>Peninei Tefillah 139 cited by Dirshut 58 fnt. 28 quotes Rav Elyashiv as saying that women too if in an unforeseen circumstance can say brachot kriyat Shema after 4 hours until chatzot. </ref>
#After the fact one make the [[Brachot]] Shema until the end of the fourth hour according to the Gra.  <ref>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. </ref>
#After the fact one make the [[Brachot]] Shema until the end of the fourth hour according to the Gra.  <ref>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. </ref>


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#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]]. <ref>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. </ref>
#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]]. <ref>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. </ref>
#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.”  <ref>see next note </ref>
#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.”  <ref>see next note </ref>
#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 [[HaNetz]], my reading now should be like reading Torah and I want to fulfill my obligation only with my reading with [[Brachot]] later on.”  <ref>Hagahot 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. </ref>
# If you are concerned that if you daven with the congregation you will miss sof zman Shema according to the Magen Avraham then you should say Shema beforehand (during Lolam Yehey Adam) with kavana. According to Ashkenazim this can be done without any stipulation and according to Sephardim one should do this with a stipulation that “if the halacha is like the Magen Avraham I want to fulfill my obligation now and if not I don’t”.<ref>Biur Halacha 46 s.v. vyotzei writes that one should say Shema during Lolam Yehey Adam without brachot in order to not to miss Shema according to the Magen Avraham. His logic is that either the Magen Avraham is right and it is critical to say Shema then. Or even if the Gra zmanim are correct, perhaps the Bet Yosef is right and you can always say Shema without brachot early even though one is going to say it in tefillah later before sof zman kriyat Shema.
* The Sephardic opinion is based on: Hagahot 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. </ref>
#One should say Shema on time even if one will have to pray Beyachid (without a [[minyan]]). <ref>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. </ref>
#One should say Shema on time even if one will have to pray Beyachid (without a [[minyan]]). <ref>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. </ref>