Kriyat Shema: Difference between revisions

From Halachipedia
m (Text replace - "Buir Halacha" to "Beiur Halacha")
m (Text replace - " D(.*)H " to " s.v. ")
Line 1: Line 1:
==Obligation ==
==Obligation ==
# There’s a Torah obligation to say Shema once in the morning and once at night as it says “VeDibarta Bam…BeShovkacha Uvkumecha”. <ref> The sources for Kriyat Shema is found in Devarim 6:7. 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 deoraitta. </ref>
# There’s a Torah obligation to say Shema once in the morning and once at night as it says “VeDibarta Bam…BeShovkacha Uvkumecha”. <ref> The sources for Kriyat Shema is found in s.v. Rav Amram, Sotah 32a s.v. 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 deoraitta. </ref>
# There’s a dispute about how much of Shema is Deoritta and we hold only the first pasuk is Deoritta and next three paragraphs are Derabbanan. <ref>Even among the Rishonim who hold Shema is Deoritta there are many different opinions on how much of it is deoraitta. 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 deoraitta. Pri Chadash 67 D”H Ume’atta says the Rambam holds the first two paragraphs are deoraitta, 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>
# There’s a dispute about how much of Shema is s.v. Ume’atta says the Rambam holds the first two paragraphs are deoraitta, 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==
== Earliest time and Vatikin==
# The ideal time for Shema is to say Shema a little before HaNetz (sunrise) so that one can juxtapose Geulah to Tefilah and start [[Shemoneh Esrei]] at HaNetz. This is the practice of the Vatikin (those who fulfill the מצות early and in the proper time).<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 to say Shema a little before HaNetz (sunrise) so that one can juxtapose Geulah to Tefilah and start [[Shemoneh Esrei]] at HaNetz. Mishna Brurah 58:6 and Kitzur S"A 17:1 concur. </ref>
# The ideal time for Shema is to say Shema a little before HaNetz (sunrise) so that one can juxtapose Geulah to Tefilah and start [[Shemoneh Esrei]] at HaNetz. This is the practice of the Vatikin (those who fulfill the מצות early and in the proper time).<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 to say Shema a little before HaNetz (sunrise) so that one can juxtapose Geulah to Tefilah and start [[Shemoneh Esrei]] at HaNetz. Mishna Brurah 58:6 and Kitzur S"A 17:1 concur. </ref>
Line 7: Line 7:
* Brachot 9b records the dispute between Abaye who holds the time for Shema is shortly before HaNetz as the practice of the Vatikin and Rav Huna who allows from when one can recognize an acquaintance from 4 amot.   
* Brachot 9b records the dispute between Abaye who holds the time for Shema is shortly before HaNetz 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 HaNetz 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.  
* 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 HaNetz 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 HaNetz. 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 (Kriyat Shema 1:13), Meiri (Brachot 9b), Nemukei Yosef (Brachot 9b), Rashbetz (Brachot 9b), Ritva (Brachot 9b, Yoma 37b), and Tur 58.  
* 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 HaNetz. 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 s.v. Abaye, Ramban (Milchamot beginning of Brachot), Or Zaruh (Kriyat 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 HaNetz 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 HaNetz and Shema only at HaNetz, and Rabbenu Tam (Sefer Yashar Sh”t 8:1) holds like Rabbenu Chananel but for a different reason.  
* Rabbenu Chananel (Brachot 9b) holds one should say Vatakin by saying Shema specifically at HaNetz 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 HaNetz and Shema only at HaNetz, 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 (Kriyat 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.  
* 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 (Kriyat 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. This is also the opinion of Halacha Brurah 58:2.  
* Sh”t Ish Matzliach O”C 1:15 pg 42 s.v. Yotzer Or) the Brachot Kriyat Shema can also only be said when one can recognize an acquaintance from 4 amot. This is also the opinion of Halacha Brurah 58:2.  
* Rav Moshe Feinstein in Iggeros Moshe OC 4:6 rules that misheyakir is 35 minutes before sunrise. Rav Yaakov Kamenetsky in Emes liyaakov OC 58:1 rules that it is 36 minutes before sunrise. </ref>
* Rav Moshe Feinstein in Iggeros Moshe OC 4:6 rules that misheyakir is 35 minutes before sunrise. Rav Yaakov Kamenetsky in Emes liyaakov OC 58:1 rules that it is 36 minutes before sunrise. </ref>
# 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>
# 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>
# 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]]?==
==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 HaNetz 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 HaNetz. 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 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 HaNetz 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 s.v. LeIyan Hafsaka), Ramban (Milchamot Brachot), and Talmidei Rabbenu Yonah (2b s.v. 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 s.v. 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 HaNetz. 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 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 <ref> 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. </ref>
# 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 <ref> 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. </ref>
# 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. <ref> 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. </ref>
# 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. <ref> 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. </ref>
Line 30: Line 30:


== Latest time==
== Latest time==
# 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 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 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). 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 Iggerot Moshe OC 1:24, YD 3:129:3, Sh”t Minchat Yitzchak 3:71, all seem to accept the later time of the Gra. 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 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 s.v. 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 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). 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 Iggerot Moshe OC 1:24, YD 3:129:3, Sh”t Minchat Yitzchak 3:71, all seem to accept the later time of the Gra. See however, Sh”t Teshuvot viHanhagot 1:56 quoting Rav Aharon Kotler and Orchos Rabbeinu 1:53 quoting the Steipler.  </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>
# 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>
# 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. <Ref> Halacha Brurah goes according to S”A that after the forth hour one can make the Brachot. However Mishna Brurah (Beiur 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. </ref>
# 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. <Ref> Halacha Brurah goes according to S”A that after the forth 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>
# One can rely on the time of the Gra to make the Brachot Shema until the end of the forth hour.  <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>
# One can rely on the time of the Gra to make the Brachot Shema until the end of the forth hour.  <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>


Line 51: Line 51:
==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 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>
# 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 s.v. 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>