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Text replace - "Safek Brachot LeHakel" to "Safek Brachot LeHakel"
==Who's exempt?==
# Women are exempt from Brachot [[Kriyat Shema]]. <ref> Magan Avraham 70:1 writes that women are exempt from the Brachot [[Kriyat Shema]] since it’s a time-bound mitzvah. Bear Heitev 70:1, S”A HaRav 70:1, Mishna Brurah 70:2, Kaf HaChaim 70:1, and Halacha Brurah 70:2 agree. Halacha Brurah (Birur Halacha 70:2) writes that this should be dependant on a dispute in the rishonim whether on Derabbanan’s there’s an exemption of Mitzvah Ashe SheZman Grama [This is the general dispute between Tosfot (Brachot 20b D”H Tefillah, Pesachim 108b D”H Af, Megillah 24 D”H Mi) who writes that women are exempt from Derabban time bound mitzvot and Rashi (quoted by Tosfot Brachot 20b) holds that women are obligated in Derabbanan time bound mitzvot.] </ref>
# Ashkenazim can voluntarily say Brachot [[Kriyat Shema]], while Sephardim may not make any Bracha that they aren’t obligated to make. <Ref> Even though the Pri Megadim (Ashel Avraham 296:11) writes that Brachot which don’t entail any action can not be volunteered including Brachot [[Kriyat Shema]], the Yeshuot Yacov 422:6 argues that any Bracha that’s is preparation for a mitzvah may be volunteered but not a Bracha that is the complete mitzvah such as [[Havdalah]] . The S”A HaRav 70:1, Mishna Brurah 70:2, and Aruch HaShulchan 70:1 rule that Ashkenazic women are permitted to voluntarily say Brachot [[Kriyat Shema]]. Concerning Sephardim, the Sh”t Or Letzion 2:5 pg 55 writes that since Brachot [[Kriyat Shema]] are praise women are permitted to volunteer to say them, while Sh”t Yabea Omer 8:8 and Sh”t Otzrot Yosef 4:3 argue on that Brachot can’t be volunteered even such a case. Halacha Brurah (Birur Halacha 70:3) explains that for Sephardim there’s a triple safek to permit women to make the Bracha: 1) perhaps women are obligated in Derabbanan time bound mitzvot (like Rashi and not Tosfot Brachot 20b), 2) perhaps women may volunteer a non-action Bracha that they are exempt from (like the Yeshuot Yacov and not Pri Megadim) and 3) perhaps on a Bracha that’s not of the form Vetzivanu women may volunteer the Bracha (like Rosh (Kedushin 31a) and not Rabbenu Tam). Nonetheless, Halacha Brurah concludes that the second and third Safek are really one Safek (as in Sh”t Yabea Omer 2:6:9) and on a double Safek we still say [[Safek Brachot LeHakel]]. </ref>
# According to Ashkenazim, some say there is an obligation to say the Brachot after shema (Emet Veyasiv, Emet VeEmunah, Haskivenu) because of the mitzvah to remember Egypt. However, according to Sephardim it’s not an obligation to say any of the Brachot [[Kriyat Shema]]. <Ref> However, the Magan Avraham 70:1 writes that women are obligated to say the Bracha of Emet VeYatziv since the obligation of remembering leaving Egypt is a mitzvah that’s not time-bound. The Solet Belulah 70:1, S”A HaRav 70:1, Siddur Bet Ovad (Kriyat Shema Arvit 1-2), and Mishna Brurah 70:2 agree with the Magan Avraham. However, the Sh”t Shagat Aryeh 12 writes that women are exempt from the mitzvah of remembering leaving Egypt since it’s a time bound mitzvah since the mitzvah of the day is different from the nighttime mitzvah. The Nezirut Shimshon 67, Limudei Hashem 142, and Aruch HaShulchan 70 agree with the Shagat Aryeh. Sh”t Shevet HaLevi 6:12 writes that according to Ashkenazim since there are those who say that it’s an obligation and even if it’s not an obligation it can be said voluntarily (as Rama 589:6 writes), there is nothing to loose by saying the Bracha. However, Sephardim hold that if a person is exempt from a Bracha one may not make the Bracha voluntarily (as S”A 589:6 writes). Therefore, Sh”t Yabea Omer O”C 2:20, Halacha Brurah 70:2 and Sh”t Shevet HaLevi 6:12 hold that Sephardic women aren’t obligated to say the Bracha (at least there’s a doubt) and so it shouldn’t be said voluntarily. </ref>
==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. So rules 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 Yishaya. 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==
# If one started the bracha of Yotzer with “Baruch atta Hashem…Asher Bidvaro Mariv Aravim” (the words usually said by Brachot Shema of Arvit) and concluded with “HaMariv Aravim” one doesn’t fulfill his obligation and must repeat the bracha of Yotzer. <Ref> Brachot 12a (according to Rashi, other Rishonim explain it differently) says that if one started with Yotzer Or and concluded with Mariv Aravim one doesn’t fulfill his obligation but if one started with Mariv Aravim and concluded with Yotzer Meorot one fulfills his obligation because the bracha follows the conclusion (whenever the conclusion has it’s own Baruch). Implied from all the Rishonim (see Bet Yosef 59:2) who discuss the Gemara is that if one started with Mariv Aravim and concluded with it one doesn’t fulfill his obligation. So rules Halacha Brurah 59:7. </ref>
# If one concludes “HaMariv Aravim” even if he mentioned Yotzer Or in the beginning of the bracha one doesn’t fulfill his obligation and must repeat the bracha. <ref> Pri Chadash 671:2 writes that the Rif holds if one said Yotzer Or in the beginning then even if he concludes with Mariv Aravim he fulfills his obligation. However, this opinion is in conflict of all the Rishonim and Achronim who agree that the conclusion is needs to be correct but disagree as to whether also the beginning needs to be correct (Bet Yosef 59:2). The Mamer Mordechai 59:3 and Halacha Brurah 59:8 argue with the Pri Chadash’s proof. </ref>
# If one concluded with “Yotzer HaMeorot” but started the bracha of Yotzer with “Baruch atta Hashem…Asher Bidvaro Mariv Aravim” (the words usually said by Brachot Shema of Arvit), there’s a dispute whether one fulfills his obligation and so one shouldn’t repeat the bracha ([[Safek Brachot LeHakel]]). <Ref> See previous note. Bet Yosef gives two explanations in the Tur. The first explanation (which is the opinion of the Rosh Brachot 1:14), is that one needs both the beginning and conclusion of the Bracha to mention Yotzer Or to fulfill one’s obligation. S”A 59:2 (along with Rama’s comment) rules that if one didn’t say the beginning of the Bracha and the conclusion correctly one doesn’t fulfill his obligation and so he must repeat. So holds the Prisha 59:3. Derisha 59:1, Levush 59:2, Bach 59, Hagahot Maralach 59:1, Taz 59:1, Magan Avraham 59:1, Chemed Moshe 59:1, Mamer Mordechai 59:4, Shulchan Aruch HaRav 59:1, and Kaf HaChaim 59:15. The second explanation is that as long as the conclusion is correct one fulfills his obligation. The Bet Yosef says that this is also the opinion of the Rashba (Brachot 12a) in name of Rashi. So holds the Gra 59:4, and Erech Lechem 59. Halacha Brurah says that this is also the opinion of the Rambam (according to Talmedei Rabbenu Yonah 6a, Rabbenu Manoach, and Sefer HaBatim against the Kesef Mishna’s understanding of the Rambam), Rif (according to Hashlama, Sefer Meorot (Brachot 12a), and Rashbetz against the implication that the Rosh and Bet Yosef didn’t quote the Rif), the Rivavan Rid, Nemukei Yosef and Meiri in name of Yesh Omrim. Mishna Brurah (Biur Halacha D”H VeLo Amar) adds that this is the opinion of Ramban (who was explaining the Yerushalmi Brachot 1:4). Therefore, Halacha Brurah and Ish Matzliach on Mishna Brurah conclude because of a [[Safek Brachot LeHakel ]] even against S”A (based on the opinion of the Chida in Sh”t Chaim Shoel 2:248) and so we don’t repeat the bracha. </ref>
# If one concluded “Yotzer HaMeorot” and said the words “Yotzer Or” in the beginning of the Bracha (even not within Toche Kedei Dibur of the phrase “Bidvaro Mariv Aravim”) one fulfills his obligation. <Ref> S”A 59:2 says it counts as a mentioning of the beginning is one remembers “Meyad”(immediately). Bach 59, Perisha 59:3, Pri Chadash 59:2 say that if one forgot to mention in the first phrase “Asher Bidvaro Mariv Aravim” and remembers immediately meaning within Toche Kadei Dibbur it’s considered as mentioning it in the beginning. If only remembers later on it doesn’t count as a mentioning in the beginning. So explains the Pri Megadim (M”Z 59:1) the words of S”A. However, Mamer Mordechai 59:4, Mishna Brurah (Biur Halacha D”H Venizkar Meyad), Shalmei Tzibbur 90a, Kaf HaChaim 59:16, and Halacha Brurah 59:7 explain that S”A used the word “Meyad” as the usual case as it seems from Bet Yosef and so one only needs to remember anytime before the bracha at the conclusion. </ref>
# If one needs to repeat the bracha of Yotzer Or (because of a mistake) it should be said immediately. However if one didn’t realize the mistake until after the next bracha of Ahavat Olam then one should only say it after Shemona Esrah. Ashkenazim have what to rely on to say Yotzer Or after Ahavat Olam before Shema. <Ref> S”A 60:2 rules that one can say Shema without Brachot and then later say the Brachot. Therefore, Magan Avraham 59:1 says if one needs to repeat the bracha and one already said the bracha of Ahavat Olam one shouldn’t interrupt there with Yotzer Or but rather should say it after [[Shemoneh Esrei]]. So holds Beir Heteiv 59:2, Machsit HaShekel 59:1, Kesher Gudal 1:4, Shalmei Tzibbur 90a, Shulchan Aruch HaRav 59:1, Siddur Bet Ovad (Dinei [[Kriyat Shema]] 4), and Halacha Brurah 59:8. However the Eliyah Raba 59:2 argues that it’s not an interruption and needs to be said before Shema. So rules Derech HaChaim in name of the Rashba, Kaf HaChaim 59:17, and Mishna Brurah 59:2. However Halacha Brurah and Sh”t Tehila LeDavid 59:5 say that the Eliyah Raba says it’s not an interruption only according to Rashba (Brachot 11b) who says that Ahavat Olam isn’t a Brachot HaMitzah. However, Ramban (Likutei HaRamban beginning of Brachot D”H Kavar Haya) disagrees and holds it’s a Birkat HaMitzvah. Thus, one should not interrupt like the Magan Avraham. [The first explanation of the Bet Yosef 59 says that the Rosh (Sh”t HaRosh 4:19) holds Ahavat Olam isn’t a Birkat HaMitzvah and Rambam (Brachot 1:17) holds it is a Birkat HaMitzvah.] </ref>
# If one is unsure whether he’s in middle of Brachot Yotzer Or or Ahavat Olam such as he was caught saying “HaGadol Hagibor VeHanorah” which appears in both Brachot and was unsure which he was saying, he should return the Hagol Hagibor of the first bracha. Yet, one has what to rely on to continue with the second Bracha. <ref> Sh”t Pri HaAretz 1:3 rules that one should return to the first bracha. Sh”t Mateh Efraim Arditi 2 pg 3b, Sh”t Kol Eliyahu 2:4, Petach Dvir 60:3 concur. Halacha Brurah 59:17 supports this from the Meiri (Brachot 16a), Nemukei Yosef (16a), and Piskei Riaz (Brachot 2:3(3)) who write the law if one is unsure while in middle of [[Kriyat Shema]] he should return the earlier mention of the similar words and conclude “so too by Brachot of Shema before and after.” Halacha Brurah concludes that in our case there isn’t an issue of [[Safek Brachot LeHakel ]] since according to some Rishonim if one doesn’t say the first bracha at all and only said the second one would be making a bracha levatala because both are necessary. In our case there is a safek whether to go back and perhaps say an extra bracha that’s unnecessary or to continue and perhaps be actively making the second bracha levatala. Nonetheless, many Achronim rule that a person should continue from the second bracha because of [[Safek Brachot LeHakel ]] including Yad Aharon (Hagahot Tur 60), Bear Heteiv 60:1, Sh”t Kiryat Chana 1, Shalmei Tzibbur 91c, Kesher Gudal 10:8, Hagahot Rabbi Akiva Eiger 64:3, Sh”t Nishmat Chaim 6, Chesed LeAlafim 60:5, and Ben Ish Chai Shemot 4. </ref>
== Interruptions==
# If one said Shema without Brachot, later one can say the Brachot without Shema, but it’s preferable when one says the Brachot to repeat Shema. <Ref> S”A 60:2 rules that one can say Shema without Brachot and then later say the Brachot based on Rashba (Brachot 12a D”H UShema Minah), and Orchot Chaim (Kriyat Shema 14). S”A adds that in his opinion when one says the Brachot one should also say Shema. Divrei Chamudot (Brachot 2:3) explains that it’s in order to maintain the order of prayer. Gra 60:6 explains to precede [[Shemoneh Esrei]] with words of Torah. Sefer Meorot (Brachot 12a) discusses whether one can say Ahavat Olam after saying Shema and concludes that one can (like S”A). See further Sh”t Maharil Diskin 2:22. Yotzer Or clearly can be said after [[Shemoneh Esrei]] as in Brachot 12a that says in the Beit HaMikdash they would say [[Shemoneh Esrei]] and only when the time for Yotzer Or came would they say that bracha (quoted by Magan Avraham 59:1). </ref>
# The order of the Brachot aren’t Me’akev. Lechatchila one should say them in order, but if one said the Ahavat Olam first and then Yotzer Or one fulfills his obligation. <Ref> Brachot 12a concludes that the order of the Brachot isn’t Me’akev. Rambam (Kriyat Shema 1:8), Tur and S”A 60:3 bring this down as halacha. The language that it’s not Me’akev implies that Lechatchila one shouldn’t change the order. However, Sefer Meorot (Brachot 12a), Rashba (Brachot 11a D”H Achat), and Ohel Moed (Kriyat Shema 4 pg 36a) hold that one can change the order even Lechatchila. Nonetheless, Halacha Brurah 60:9 argues that this is only according to the opinion that the Ahavat Olam are Brachot HaShevach and not Brachot HaMitzvah, but according to the Rishonim who hold it’s Brachot HaMitzvah would say that Ahavat Olam should be said right before Shema. Additionally, Lechatchila one should say it in order to satisfy the opinion of the Meiri (Brachot 11b) who holds that Ahavat Olam should start with Baruch if it’s said alone. Additionally, Kaf HaChaim 60:9 says that according to the Zohar (Pekudei 260b) and Arizal (Shaar Kavanot, Yotzer 18d) one is changing the order of the upper worlds by saying it out of order. </ref>
# If one only has a Siddur with one or two of the Brachot and not the others or one only knows some of the Brachot, one shouldn’t say them at all because there’s a Safek Brachot Lehakel since some Rishonim hold that saying the Brachot altogether is Me’akev. The same applies if one is very close to the end of Zman [[Shemoneh Esrei]] after which one can’t say the Brachot, one shouldn’t only say some of the Brachot. <Ref> Mishna Brurah 60:6 rules that if someone only says one bracha one fulfills his obligation for that bracha. In Buir Halacha D”H Im Hikdim he explains that according to S”A that one can say Shema without Brachot certainly one can say only one bracha and even according to Rav Hai Goan that one can’t say Shema without Brachot that’s only by a Tzibbur and not an individual. However, Halacha Brurah 60:10 argues strongly that the topics of saying without Brachot and saying one Bracha without another Bracha are unrelated as is evident in the fact that the Sefer Hashlama and Meorot (Brachot 12a) are uncertain whether one fulfills his obligation if he only says one bracha, even though they clearly rule like S”A unlike Rav Hai that one can say Shema with Brachot. Additionally, there is a dispute in the Rishonim and Achronim about this topic. Rabbenu Avraham Aleshvili (Brachot 12a), Ritva (Brachot 12a), Meiri (Brachot 11b), Rashbetz (Brachot 13a), and Pri Chadash 60:1 hold that if one only made one bracha, one fulfills the obligation for that bracha. On the other hand, Rabbenu Chananel (Brachot 12a), Ravyah 1:36, Or Zaruh 1:25 in name of the Rach and Sefer Eshkol (pg 104), and Rambam (according to Pri Megadim M”Z 60:1 and Sh”t Shagat Aryeh 26 D”S VeKivan) hold that one doesn’t fulfill any obligation if one only makes one bracha. [These Rishonim don’t differentiate between an individual and a Tzibbur according to the opinion of Rav Hai seemingly because this topic is unrelated to the opinion of Rav Hai. However Ohel Moed 1:4 pg 36a does differentiate like the connection of the Mishna Brurah to the opinion of Rav Hai.] Pri Chadash 60:2 implies from S”A that only the order isn’t Me’akev but actually saying all the Brachot is Me’akev (and then argues on S”A). Chida (Machzik Bracha 60:1, Kiseh Eliyah 60:1 support S”A against Pri Chadash that saying all the Brachot is Me’akev. Therefore, concludes the Halacha Brurah because of the dispute on the issue and we hold [[Safek Brachot LeHakel ]] one shouldn’t only say one bracha. </ref>
==Sources==
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