Kriyat Shema: Difference between revisions

# 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>

== Earliest time and Vatikin==

# The earliest time for shema or Brachot shema is when one can recognize an acquaintance from 4 [[amot]] away called [[Tzitzit#mesheyakir| 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 [[Shemoneh Esrei]] 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 [[Shemoneh Esrei]] and will not be able to juxtapose Geulah to Tefilah. <ref> 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.   

* 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.  

# If one is in extenuating circumstances so that one will not be able to say Kriyat Shema (even just to say the first פסוק of Shema and the following one until Ad Livavecha) after MeSheYakir with any Kavana (proper intent) because one will be traveling, one may say it after Olot Hashachar. <Ref>S”A 58:3. Sh”t Ish Matzliach 1:15 writes that nowadays when we travel in cars, trains, and airplanes this leniency doesn’t apply. However, the Halacha Brurah (Birur Halacha 58:10) writes that this halacha is still applicable to those who have to catch a plane very early and will not be able to say Shema with Kavana (and also it’ll be difficult to put on Talit and Tefillin at that time). </ref>

# Even in extenuating circumstances one may not make a Bracha upon putting on Talit and Tefillin any time before MeSheyakir; rather one should put on Talit and Tefillin without a Bracha and after MeSheyakir has arrived one may make the Brachot. <Ref>Mishna Brurah 58:16, Halacha Brurah 58:9 </ref>

==Can one say Shema at [[Olot HaShachar]]?==

# 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]] (72 minutes in Shaot Zmaniot before Netz earlier than one is able to recognize an acquaintance from 4 amot). <ref> 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. </ref>

# 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. <ref> 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. </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 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. </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 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). </ref>

# 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. <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. 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. </ref>

# One should read the first Pasuk out loud by everyone in the congregation in order to inspire Kavana. <Ref> S”A 61:4 and Rama 61:26. </ref> 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. <Ref> 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. </ref>

# 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. <Ref> 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. </ref>

==Kissing Tefilin and Tzitzit during Shema==