Jump to navigation Jump to search
18 bytes removed ,  19:26, 25 April 2014
no edit summary
==Obligation to say Brachot [[Kriyat Shema]]==
# Along with the [[Kriyat Shema]] one says seven [[Brachot]] of praise <ref> In total there are seven [[Brachot]] of thanks and praise, which the Yerushalmi ([[Brachot]] 1:5) says is based on the pasuk “Shevah BaYom Hilalticha Al Mishpatei Tzidkatach” (Tehilim 119:164) “Seven times a day I praise you with the laws of your righteousness” meaning one says seven [[Brachot]] of praise along with words of Torah, i.e. Shema. This connection is brought down by Rashi ([[Brachot]] 11a), Rishonim on [[Brachot]] 11a, and Tur 58. </ref> are said as follows: by [[Shacharit]], two [[Brachot]] prior to Shema and one after Shema, and by [[Arvit]], two [[Brachot]] before Shema and two after Shema. <Ref>Mishna in [[Brachot]] 11a says that one makes two before Shema and one afterwards by [[Shacharit]] and two before and two afterwards by [[Arvit]]. This is also the opinion of Rambam ([[Kriyat Shema]] 1:5), and Tur 58. </ref>
# These [[Brachot]] are Derbanan. <ref> Kol Bo (Siman 5e and 122) say that [[Brachot]] Pesukei Dezimrah are Derabanan but [[Brachot]] [[Kriyat Shema]] are Deoritta. So writes Rabbenu Yosef ben Pelet and Rabbenu Yishayaagree. However, it seems(lacking explicit sources) that we hold Le’halacha that the [[Brachot]] are Derabbanan as many times the Achronim use the idea of [[Safek Brachot LeHakel]] by these [[Brachot]] as well. </ref>
==Brachot Yotzer Or==
# One can’t interrupt for the Vayavor and the 13 midot. <Ref> Sh”t Otzrot Yosef 4:4 </ref>
# One should answer only the first three words of Modim s.v. Shoel; Megilah 18b s.v. Nekot), Ravyah 1:47, Mordechai ([[Brachot]] 40), Talmedei Rabbenu Yonah 7b, Shibolei HaLeket ([[Brachot]], end of 15), Bach 66 in name of Smak 104, and Rosh 2:5. [However, Rosh ([[Brachot]] 2:5) and Rabbenu Yerucham (2:3 pg 24a) quote Maharam MeRotenburg who forbids Dvarim Shebekedusha.] Talmedei Rabbenu Yonah 7b say that one shouldn’t say Modim Derabban but rather only bow with the congregation. Bet Yosef 66:3 quotes Trumat HaDeshen 2 who says that one can answer Modim Derabbanan. Bet Yosef concludes that saying the word “Modim” wouldn’t be forbidden even according to Talmedei Rabbenu Yonah. The Achronim explain that the S”A 66:3 who says one should only say the word “Modim” and not the entire paragraph meant one should answer the first three words. So comments Levush 66, Lechem Chamudot, Taz 66:3, Olat Tamid 66:8, Magan Avraham 66:6, Kitzur Shulchan Aruch 16:3, Chaye Adam 20:4, Ben Ish Chai (Shemot 6), Kaf Hachaim 66:22, Mishna Brurah 66:20, and Halacha Brurah 66:16. </ref>
# If one finished Yotzer Or or Ahavat Olam, Minhag Sephardim is that one shouldn’t answer [[amen]] to the bracha of Shaliach Tzibbur (or anyone else who finishes the bracha). Lechatchila one should complete the bracha together with the Shaliach Tzibbur so that one doesn’t have to get into the dispute whether one should make an [[amen]] or not. Minhag Ashkenaz is to answer [[amen]] after the bracha of the Shaliach Tzibbur but concerning Ahavat Olam it’s lechatchila to complete it with the Shaliach Tzibbur so as not to het into the dispute. <Ref> S”A 59:4 and Rama 61:3. Bet Yosef 59:4 writes that the Rosh (Teshuvat HaRosh 4:19)would finish Yotzer Or early in order to answer [[amen]] to the bracha of the Shaliach Tzibbor. Bet Yosef says that implied from the [[teshuva]] is the even after Ahavat Olam he would answer [[Amen]]. However Rabbenu Yonah in name of Rambam ([[Brachot]] 1:17), Ramban, and Razah says that one can’t interrupt between the bracha and Shema. Bet Yosef concludes that the Minhag is not to answer [[amen]] (and so writes Maharik (Shoresh 42)agrees), but to remove oneself from dispute one should read the bracha together with the Shaliach Tzibbur. Rama 59:4 (and in Darkei Moshe 59:6) writes that the Minhag Ashkenaz is like the Rosh to finish early and answer [[Amen]]. Halacha Brurah (see Otzrot Yosef 4:8) adds that even Ashkenazim should preferably finish Ahavat Olam with the Shaliach Tzibbur to remove oneself from the dispute especially since the Tur (in name of Ramo (with a hey)) implies it’s not an obligation to finish early but only if one did then one can answer [[amen]]. [Interesting point: Bet Yosef makes a few implications from the Teshuvat HaRosh: 1) if one did finish the bracha together with the Shaliach Tzibbor it’s forbidden to answer [[amen]] because of [[Brachot]] 45b which says one shouldn’t answer [[amen]] after one’s own bracha. 2) One can’t listen to the entire bracha from the Shaliach tzibbor and then answer [[amen]] because one might remove his concentration and loose out on the bracha. Yet if one reads the bracha even if one looses concentration he still is considered as if he said the whole bracha. 3) (Bet Yosef’s first answer) The Rosh held that the practice of Rabbenu Yonah to read the whole bracha to oneself and only the end listen to the Shaliach Tzibbor also had the issue of loosing concentration when listening.] </ref>
==Saying without Brachot==
==Shomea KeOneh==
# One must say [[Brachot]] Kriyat quietly with the Shaliach Tzibbur. However Bedieved, if one was able to concentrate on all of the words of the Shaliach Tzibbur (even though the [[Brachot]] are very long), one can fulfill his obligation because of Shomea KeOnah. <Ref>[[Shomea KeOneh]] by all [[Brachot]] is brought down in Tur and S”A 25:10 based on [[Sukkah]] 38b, Yerushlami Megilah 2, and Rambam ([[Brachot]] 1:11). The Bet Yosef 59 says that it also applies to [[Brachot]] [[Kriyat Shema]]. He quotes Sh”t HaRosh 4:19 who says if it weren’t for the concern that a person can’t concentrate on the entire long Bracha, it’d be preferable to hear the bracha rather than make it yourself because Ahavat Olam is a request for Torah learning. Yet, by other [[Brachot]], Tosfot ([[Sukkah]] 38b, [[Brachot]] 21b) writes that it is preferable to say the bracha by oneself rather than hear it from someone else (because of Mitzvah Bo Yoter MeBeShlucho). S”A 59:4 rules like the Rosh that one should say the [[Brachot]] quietly by oneself. But Bedieved one can fulfill one’s obligation as the Rama 59:4 writes. </ref> The three stipulations for [[Shomea KeOneh]] to work are (1) that the one listening has intent to fulfill his obligation and the one reading has intent to fulfill the obligation of others, <ref> Concerning listening to [[Shofar]] blowing, see [[Rosh Hashana]] 28b, 33b, Rambam [[Shofar]] 2:4, Tur and S”A 589:8. </ref> (2) a [[minyan]] is present,<ref> Talmedei Rabbenu Yonah 13b writes that even though one can fulfill Kedushat Yotzer individually one can only fulfill [[Brachot]] [[Kriyat Shema]] with a [[Minyan]] because one can’t be Poress Al Shema (according to Talmedei Rabbenu Yonah means fulfilling someone else’s obligation of [[Kriyat Shema]]) without a [[minyan]]. So writes Ritva (Megilah 23b), Rambam (Tefilah 8:5 according to the explanation of the Kesef Mishna), and Rama 59:4agree. Ran 13b, Rashba ([[Brachot]] 21b) and Gra 59:10 write that according to those who hold a [[minyan]] is needed for Kedushat Yotzer one clearly needs a [[minyan]] for [[Brachot]] [[Kriyat Shema]]. Nonetheless, the Bet Yosef quotes the Mahari Avuhav who says that others (Rashi and other Rishonim on Megilah 23b) argue on the Rabbenu Yonah’s explanation of Poress Al Shema. Rashi says Poress Al Shema is a way that a group where everyone already prayed can make a [[Brachot]] [[Kriyat Shema]] if there’s a [[minyan]]. Therefore according to Rashi one shouldn’t need a [[minyan]] to fulfill the obligation of others. S”A doesn’t bring the qualification of Talmedei Rabbenu Yonah in S”A and perhaps doesn’t agree to it and prefers the explanation of the Mahari Avuhav. Nonetheless, Halacha Brurah 59:14 writes that since no other Achronim write that the S”A here doesn’t agree with the Rama one should be strict like the Rama. The Achronim (Magan Avraham 59:5, Avudraham ([[Brachot]] [[Kriyat Shema]]), Sh”t Maharm El Ashkar 10, Machsit HaShekel 59:5, Shulchan Aruch HaRav 59:4, Mishna Brurah 59:15, Kaf HaChaim 59:27, and Halacha Brurah 59:14) rule that one needs a [[minyan]] (like Rama) to fulfill the obligation of someone who isn’t an fluent in the [[Brachot]]. </ref> and (3) the one reading hasn’t yet fulfilled his obligation. Otherwise, it only works for someone who doesn’t know how to make [[Brachot]]. Bedieved one fulfills his obligation even if the one listening knows how to make the [[Brachot]]. <Ref> Halacha Brurah 59:14 writes just like [[Brachot]] HaMitzvah, Shevach, and Hodah, [[Brachot]] [[Kriyat Shema]] Bedieved can be fulfilled with the reading someone who already fulfill his obligation. However [[Brachot HaNehenin]] one doesn’t fulfill his obligation unless the one making the bracha is obligated for himself. If one hasn’t fulfill his obligation then [[Shomea KeOneh]] works without limitation, however if the one reading has fulfilled his obligation there’s a dispute whether he can fulfill the obligation of someone who know how to make the [[Brachot]]. Bahag (Hilchot Kidush VeHavdalah) writes that [[Shomea KeOneh]] is limited to where the person listening doesn’t know how to make it himself. Sh”t Geonim Shaarei [[Teshuva]] 116, Sh”t Rambam Pear Hadar 75, Kol Bo 31, Itur ([[Matzah]] UMaror pg 136b), and Orchot Chaim ([[Kiddush]] HaYom 14, 16) concur. However, Or Zaruh 2:262, Sh”t Maharam MeRotenburg (Prague 111), Hagahot Asheri ([[Rosh Hashana]] 3e), Mordechai ([[Rosh Hashana]] 721), and Ran ([[Rosh Hashana]] 34a) hold that it works whether the one listening knows how to make the bracha or not. Bet Yosef 594 quotes the Mordechai as halacha but S”A 273 rules like the Bahag, concerning this see Sh”t Or Li 41. Yet, Halacha Brurah 59:14 and Beiur Halacha (273 s.v. Vehu; see Mishna Brurah 585:5) write that one Bedieved someone who knows how to make [[Brachot]] can fulfill his obligation. </ref>
# If the Shliach Tzibbor was fulfilling the congregation their obligation and because of a mistake had be replaced in middle of [[Brachot]] Yotzer Or, if it was before Kedushat Yotzer the second Shaliach should start again from the beginning of the Bracha. However if first Shaliach already said [[Kedusha]] the second one should just begin from right after Kedushat Yotzer. <Ref> S”A 59:5 based on the Yerushalmi ([[Brachot]] 5:3). Bet Yosef asks why Rambam left this halacha out and suggests that it goes against the Bavli as the Sh”t Rashba 1:35 suggests. Bet Yosef concludes that one may rely on the Yerushalmi and Darkei Moshe argues that since Poskim brought down the Yerushalmi it’s a Bracha Levatala not to follow the Yerushalmi and have the second Shaliach start from the beginning of the bracha. Machasit HaShekel 59:6 (against the Magan Avraham) writes that even S”A in his wording agrees with Darkei Moshe and retracted from his opinion in Bet Yosef that it’s only if one wants one can rely on the Yerushalmi. </ref> However (nowadays) if the Shliach isn’t fulfill the obligation of others because everyone is saying the [[Brachot]] to themselves, then the second Shliach just continues from where the first left off. <Ref> Chaye Adam 29:6, Mishna Brurah 59:29, Halacha Brurah 59:16, Yalkut Yosef 1 pg 113 hold that nowadays when the Shaliach doesn’t fulfill the obligation of others the second should just continue from where the first left off. Yet Sh”t Rav ELiyahu Gutmacher O”C 10 pg 18 argues that the Tur implies it applies even nowadays. Yalkut Yosef argues and concludes because of Safek [[Brachot]] the second Shaliach shouldn’t return to the beginning. </Ref>
# This bracha is instated as the second bracha before Shema. The Rishonim argue whether this bracha is a Birchat HaMitzvah (Bracha over a Mitzvah) or Birchat HaShevach (Bracha of praise). <Ref> Rambam ([[Brachot]] 1:17) says not to interrupt between Ahavat Olam and Shema to answer [[amen]] just like one doesn’t interrupt between making a bracha and doing the action upon which you made the bracha. This implies that Ahavat Olam is a Birchat HaMitzvah (as says the Bet Yosef 59 in his first answer). Ramban (Likutim beginning of [[Brachot]]) and Talmedei Rabbenu Yonah 33b s.v. ULeInyan in name of Rambam, Ramban, and Ramo (spelled with a hey). However, Sh”t Rashba 1:47 in name of the Geonim says that they are their own [[Brachot]] but not [[Brachot]] hamitzvah of Shema because otherwise we should make the bracha with the words “Asher Kidishanu…Likro Et Shema”. Meiri ([[Brachot]] 11a) writes that if one only knows the [[Brachot]] and not Shema or has a Siddur with only the [[Brachot]] one can say the [[Brachot]] because they are made for their own topics, the first for the day and light and the second for Torah. Also the Rosh holds it’s not a Brichat HaMitzvah according to the first answer of Bet Yosef 59. Halacha Brurah (Birur Halacha 60:1) argues that some Rishonim (Tosfot ([[Brachot]] 11b) and Sefer Meorot([[Brachot]] 12a)) also hold that it’s similar to [[Brachot]] HaMitzvah in that [[Brachot]] are integral to the mitzvah but the mitzvah can be fulfilled without the [[Brachot]] and not totally [[Brachot]] hamitzvah in that the [[Brachot]] can be said after Shema. </ref>
# The Sephardim start the bracha with the words “Ahavat Olam” and Ashkenazim with the words “Ahava Rabba”. <Ref> Zohar(Vayakel og 202b, Pekudei 260b), Rif ([[Brachot]] 12a), Rambam ([[Kriyat Shema]] 1:6), Shiltei Giborim ([[Brachot]] 11b) in name of Bahag, Arizal (Shaar Kavanot 19a), and S”A 60:1 record the name of the Bracha as Ahavat Olam. However, Roke’ach (Siman 320), Shiltei Giborim ([[Brachot]] 11b) in name of many Geonim, Tosfot ([[Brachot]] 11b s.v. VeRabanan), Ravyah([[Brachot]] 34), Or Zaruh 1:25, Smag Assin 19, Rosh 1:12, and Rama 60:1. </ref>
# The bracha doesn’t begin with the words “Baruch Atta Hashem” because it’s a bracha connected to a previous bracha. <ref>[[Brachot]] 46a writes that [[Brachot]] that follow a previous one don’t begin with Baruch. Talmedei Rabbenu Yonah 1a say that Ahavat Olam is a bracha connected with the previous bracha and even if it’s said out of order one doesn’t being with Baruch since it’s established as a connected bracha. So writes Orchot Chaim ([[Barchu]] 2), Kol Bo 8, Tur and S”A 60:1agree. However, Sh”t Rashba 317-8 argues that it’s not a bracha connected to the earlier one since it can be said out of order but it doesn’t begin with Baruch since it’s a short bracha and just ends with Baruch. Interestingly, Meiri ([[Brachot]] 11b) says since it’s a connected bracha only when it’s said together with the previous bracha do you not being with Baruch but if it’s said alone one must begin with Baruch. Magan Avraham 60:2 rules like Talmedei Rabbenu Yonah that even if the bracha is said alone it’s said without Baruch. Sh”t Igrot Moshe O”C 3:81 says that since one is allowed to interrupt between the [[Brachot]] for [[amen]] and even to greet someone who deserves respect, clearly Ahavat Olam is considered a connected bracha even when said alone. Sh”t Yabia Omer E”H 4:7 and Sh”t Tzitz Eliezer 6:2 discuss the dispute in the Achronim whether there’s an issue of interruption in the [[sheva Brachot]] at a wedding since the Minhag is for a different person to say each bracha and still some of the [[Brachot]] are considered connected [[Brachot]] for which we don’t being with Baruch. </ref>
==Whether the Brachot are Me’akev ==

Navigation menu