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Kriyat Shema: Difference between revisions
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== Saying Shema of Arvit after Netz== | == Saying Shema of Arvit after Netz== | ||
# 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, | # 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, Hagahot 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> | # 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> | ||
# 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 [[Shemoneh Esrei]]” and then after Netz one should repeat Shema. <Ref> 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. </ref> | # 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 [[Shemoneh Esrei]]” and then after Netz one should repeat Shema. <Ref> 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. </ref> | ||
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==The time of the Magan Avraham and Gra== | ==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. <ref> 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, | # 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. <ref> 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, Hagahot 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. </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> | # 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 Netz, my reading now should be like reading Torah and I want to fulfill my obligation only with my reading with Brachot later on.” <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 Netz, 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> | ||
# 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> | ||
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==Who's Obligated?== | ==Who's Obligated?== | ||
# 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 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>. | ||
# A groom the night of his wedding is obligated to say the Kriyat Shema. <ref> The Mishna (Brachot 16b) writes that a groom of a virgin was exempt from saying Kriyat Shema because he is busy with his mitzvah. However, Tosfot (Brachot 17b D”H Rav Shisha) writes that since nowadays we don’t have kavanah anyway a groom is obligated to say Kriyat Shema. This is quoted in the | # A groom the night of his wedding is obligated to say the Kriyat Shema. <ref> The Mishna (Brachot 16b) writes that a groom of a virgin was exempt from saying Kriyat Shema because he is busy with his mitzvah. However, Tosfot (Brachot 17b D”H Rav Shisha) writes that since nowadays we don’t have kavanah anyway a groom is obligated to say Kriyat Shema. This is quoted in the Hagahot Maimon (Kriyat Shema 4:2), and Mordechai 2:3. However, Rambam (Kriyat Shema 4:7) rules that a groom is exempt but is permitted to say it if he is able to concentrate. Pri Megadim (A”A 70:2) explains that S”A 70:3 rules like Tosfot that a groom is obligated in Kriyat Shema and it’s not just optional. Such is the opinion of most achronim including the Sh”t HaRama 132:1, Levush 70:3, Olat Tamid 70:6, Atert Zekenim 70:3, Bear Hetiev 70:4, S”A HaRav 70:3, Mishna Brurah 70:14, Kaf HaChaim 70:10, and Halacha Brurah 70:4. </ref> | ||
==Doing a task at the time of Kriyat Shema== | ==Doing a task at the time of Kriyat Shema== | ||
# If someone started a task before the time of Kriyat Shema began (at [[Olot HaShachar]]) he may continue as long one will have time after the work to say Kriyat Shema. <Ref> Mishna Brurah 70:23 and Halacha Brurah 70:6 </ref> | # If someone started a task before the time of Kriyat Shema began (at [[Olot HaShachar]]) he may continue as long one will have time after the work to say Kriyat Shema. <Ref> Mishna Brurah 70:23 and Halacha Brurah 70:6 </ref> | ||
