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Reference of Measurements in Halacha: Difference between revisions

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Reference of Measurements in Halacha (view source)

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==Shaot Zmaniot==
==Shaot Zmaniot==
# Shaot Zmaniot are halachic hours which are calculated by dividing the daytime hours into 12. There’s a dispute of how to measure the day; some count the day from Olot Shachar until [[Tzet HaKochavim]] (Magan Avraham) <ref>Many authorities holds that the halachic hours in the day are considered 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. </ref>, and some count it from Netz until Shekiah (Gra).<ref>Many authorities hold that the halachic hours of the day are considered to begin from Netz incluing: Rambam’s Sh”t Pear Hadar 44 (as understood by Halacha Brurah (Shaar Tzion 58:17), Rav Chaim Drok (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, Shaar Tzion 233:10, and Kaf HaChaim 233:7), Levush (233:1,267), Shaarei Knesset Hagedolah 58:8, Tosfot [[Yom Tov]] (Pesachim 2:3), and Biur HaGra 459:2.</ref>
# Shaot Zmaniot are halachic hours which are calculated by dividing the daytime hours into 12. There’s a dispute of how to measure the day; some count the day from Olot Shachar until [[Tzet HaKochavim]] (Magan Avraham) <ref>Many authorities holds that the halachic hours in the day are considered 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. </ref>, and some count it from HaNetz until Shekiah (Gra).<ref>Many authorities hold that the halachic hours of the day are considered to begin from HaNetz incluing: Rambam’s Sh”t Pear Hadar 44 (as understood by Halacha Brurah (Shaar Tzion 58:17), Rav Chaim Drok (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, Shaar Tzion 233:10, and Kaf HaChaim 233:7), Levush (233:1,267), Shaarei Knesset Hagedolah 58:8, Tosfot [[Yom Tov]] (Pesachim 2:3), and Biur HaGra 459:2.</ref>
## According to Sephardim, regarding Deoritta laws (including [[Kriyat Shema]]) one should be strict for the opinion of the Magen Avraham. <ref>  In conclusion, Minchat Cohen (Mevoh Hashemesh 2:9), Erech HaShulchan 433, Halichot Olam (vol 1, Vaera 3), and Yalkut Yosef (vol 1, pg 98) write that one should be strict for the opinion of the Magen Avraham for Deoritta issues, for example [[Kriyat Shema]]. </ref>
## According to Sephardim, regarding Deoritta laws (including [[Kriyat Shema]]) one should be strict for the opinion of the Magen Avraham. <ref>  In conclusion, Minchat Cohen (Mevoh Hashemesh 2:9), Erech HaShulchan 433, Halichot Olam (vol 1, Vaera 3), and Yalkut Yosef (vol 1, pg 98) write that one should be strict for the opinion of the Magen Avraham for Deoritta issues, for example [[Kriyat Shema]]. </ref>
## Among Ashkenazim, some are strict to hold like the Magen Avraham, unless there is an serious need, in which case one may hold like the Gra. <ref>Rabbi Yechiel Michel Tukachinsky in Sefer Eretz Yisrael (pg 18#3) writes that the minhag of Israel is to follow the magen avraham and only under pressure may one rely on the Gra.</ref>However, some are lenient to rely on the Gra. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 77-79) says that many follow the opinion of the Gra in calculating the time for Sof [[Kriyat Shema]]. </ref>
## Among Ashkenazim, some are strict to hold like the Magen Avraham, unless there is an serious need, in which case one may hold like the Gra. <ref>Rabbi Yechiel Michel Tukachinsky in Sefer Eretz Yisrael (pg 18#3) writes that the minhag of Israel is to follow the magen avraham and only under pressure may one rely on the Gra.</ref>However, some are lenient to rely on the Gra. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 77-79) says that many follow the opinion of the Gra in calculating the time for Sof [[Kriyat Shema]]. </ref>
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* [http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 21-23) mentions in passing that MeSheYakir is about 40 or 50 minutes before sunrise.
* [http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 21-23) mentions in passing that MeSheYakir is about 40 or 50 minutes before sunrise.
* [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 68-70) says that Rav Moshe held MeSheYakir is between 35-40 minutes before sunrise and seems to agree with him, although he mentions that some say it’s 55 minutes before sunrise.</ref>
* [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 68-70) says that Rav Moshe held MeSheYakir is between 35-40 minutes before sunrise and seems to agree with him, although he mentions that some say it’s 55 minutes before sunrise.</ref>
==Netz HaChama (Sunrise)==
==HaNetz HaChama (Sunrise)==
# Netz HaChama is sunrise which, in general, is halachically the same as the astronomical calculation of sunrise.<ref>
# HaNetz HaChama is sunrise which, in general, is halachically the same as the astronomical calculation of sunrise.<ref>
* [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunrise is the same as the sunrise calculated by the naval observatory which is when the sun begins to rise.  
* [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunrise is the same as the sunrise calculated by the naval observatory which is when the sun begins to rise.  
* [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 72-77) says that sunset should be determined as though the mountains to the east and west are at sea level and do not block the visibility of the sun. However, the elevation of the place one is currently located is taken into consideration and if one is in a valley the sunset is a little later (less than 5 minutes) than what would have been visible. Yet, he adds, that most opinions hold that regarding sunrise both one’s location’s elevation and surrounding mountains are taken into consideration. </ref>
* [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 72-77) says that sunset should be determined as though the mountains to the east and west are at sea level and do not block the visibility of the sun. However, the elevation of the place one is currently located is taken into consideration and if one is in a valley the sunset is a little later (less than 5 minutes) than what would have been visible. Yet, he adds, that most opinions hold that regarding sunrise both one’s location’s elevation and surrounding mountains are taken into consideration. </ref>
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* '''Explanation of Rabbi Yose's opinion:''' Shmuel (Shabbat 35a) says that Rav Yose’s concept of Ben HaShemashot takes place after the Ben HaShemashot already finished. Tosfot (Shabbat 34b s.v. Rabbi Yose) explains that even according to Rabbi Yose there’s a window of time when there is an uncertainty whether it is day or night but it isn’t as long as it is for Rabbi Yehuda. Rosh 2:23 discusses whether Rabbi Yose's Ben HaShemashot begins immediately after Rabbi Yehuda's or a while afterwards and doesn't come to a clear conclusion.
* '''Explanation of Rabbi Yose's opinion:''' Shmuel (Shabbat 35a) says that Rav Yose’s concept of Ben HaShemashot takes place after the Ben HaShemashot already finished. Tosfot (Shabbat 34b s.v. Rabbi Yose) explains that even according to Rabbi Yose there’s a window of time when there is an uncertainty whether it is day or night but it isn’t as long as it is for Rabbi Yehuda. Rosh 2:23 discusses whether Rabbi Yose's Ben HaShemashot begins immediately after Rabbi Yehuda's or a while afterwards and doesn't come to a clear conclusion.
* '''Who does the halacha follow? Rabbi Yehuda or Rabbi Yose''' The Briatta (Shabbat 34b) says that in regards to practical ramifications Ben HaShemashot is always considered day as a stringency and night as a stringency. Rif (Shabbat 14b) and Rambam (Shabbat 5:4) codify this Briatta. S"A 261:1 rules that during Ben HaShemashot one may not doing anything one may not do on Shabbat with some exceptions (see there). Rabbi Yochanan (Shabbat 35a) says that we follow Rabbi Yehuda regarding Shabbat as a stringency and Rabbi Yose regarding Trumah as a stringency. Rif (15a) and Rosh 2:23 codify Rabbi Yochanan as halacha.
* '''Who does the halacha follow? Rabbi Yehuda or Rabbi Yose''' The Briatta (Shabbat 34b) says that in regards to practical ramifications Ben HaShemashot is always considered day as a stringency and night as a stringency. Rif (Shabbat 14b) and Rambam (Shabbat 5:4) codify this Briatta. S"A 261:1 rules that during Ben HaShemashot one may not doing anything one may not do on Shabbat with some exceptions (see there). Rabbi Yochanan (Shabbat 35a) says that we follow Rabbi Yehuda regarding Shabbat as a stringency and Rabbi Yose regarding Trumah as a stringency. Rif (15a) and Rosh 2:23 codify Rabbi Yochanan as halacha.
* '''(2) Gemara Pesachim''' 94a records Rabbi Yochanan's statement that an average person can walk 30 mil from Netz HaChama until Shekiyah and 5 mil from Shekiyah until [[Tzet HaKochavim]] (according to Rashi D”H Ovav). The Gemara challenges this and explains really an average person can walk 32 mil from Netz HaChama until Shekiyah and only 4 mil from Shekiyah until [[Tzet HaKochavim]].  
* '''(2) Gemara Pesachim''' 94a records Rabbi Yochanan's statement that an average person can walk 30 mil from HaNetz HaChama until Shekiyah and 5 mil from Shekiyah until [[Tzet HaKochavim]] (according to Rashi D”H Ovav). The Gemara challenges this and explains really an average person can walk 32 mil from HaNetz HaChama until Shekiyah and only 4 mil from Shekiyah until [[Tzet HaKochavim]].  
* '''The opinion of Rabbenu Tam:''' Tosfot (Pesachim 94a D”H Rabbi Yehuda and Shabbat 35a s.v. Trei) is bothered how the Gemara Shabbat seems to say that from Shekiyah until [[Tzet HaKochavim]] a person can walk 3/4 of a mil (according to the Rabba) and the Gemara Pesachim says a person can walk 4 mil. Rabbenu Tam answers that the Gemara Shabbat was referring to the end of the Shekiyah and from then until [[Tzet HaKochavim]] is 3/4 of a mil, while the Gemara Pesachim is discussing the end of Shekiyah which takes 4 mil until [[Tzet HaKochavim]]. Ramban (cited by Maggid Mishna), Maggid Mishna (Shabbat 5:4), and Ran (Shabbat 15a) agree. The Ran (Shabbat 15a) explains that according to Rabbenu Tam there's two Shekiyot. After the first it is still considered daytime until 3.25 mil after the beginning of the Shekiyah. Ben HaShemashot, which is uncertain day or night, spans .75 of a mil and begins from the beginning of the second Shekiyah. See Biur Halacha 261 s.v. Metechila explains that the first Shekiyah is when the sun sets from our vision, and the second Shekiyah is when the light from the sun leaves the sky.
* '''The opinion of Rabbenu Tam:''' Tosfot (Pesachim 94a D”H Rabbi Yehuda and Shabbat 35a s.v. Trei) is bothered how the Gemara Shabbat seems to say that from Shekiyah until [[Tzet HaKochavim]] a person can walk 3/4 of a mil (according to the Rabba) and the Gemara Pesachim says a person can walk 4 mil. Rabbenu Tam answers that the Gemara Shabbat was referring to the end of the Shekiyah and from then until [[Tzet HaKochavim]] is 3/4 of a mil, while the Gemara Pesachim is discussing the end of Shekiyah which takes 4 mil until [[Tzet HaKochavim]]. Ramban (cited by Maggid Mishna), Maggid Mishna (Shabbat 5:4), and Ran (Shabbat 15a) agree. The Ran (Shabbat 15a) explains that according to Rabbenu Tam there's two Shekiyot. After the first it is still considered daytime until 3.25 mil after the beginning of the Shekiyah. Ben HaShemashot, which is uncertain day or night, spans .75 of a mil and begins from the beginning of the second Shekiyah. See Biur Halacha 261 s.v. Metechila explains that the first Shekiyah is when the sun sets from our vision, and the second Shekiyah is when the light from the sun leaves the sky.
* '''Does halacha follow Rabbenu Tam?''' The S"A 261:2 rules in accordance with Rabbenu Tam and states that from the beginning of the Shekiyah until Ben HaShemashot there's 3.25 mil and then Ben HaShemashot itself is .75 of a mil, which is equivalent to the time it takes to walk 1500 amot. Biur Halacha 261 s.v. Metechila writes that for sure one should be strict for the Gra not to do any melacha after sunset.  
* '''Does halacha follow Rabbenu Tam?''' The S"A 261:2 rules in accordance with Rabbenu Tam and states that from the beginning of the Shekiyah until Ben HaShemashot there's 3.25 mil and then Ben HaShemashot itself is .75 of a mil, which is equivalent to the time it takes to walk 1500 amot. Biur Halacha 261 s.v. Metechila writes that for sure one should be strict for the Gra not to do any melacha after sunset.  
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