When Does Shabbat End?: Difference between revisions

Those who accept Rabbeinu Tam's position include at least 25 rishonim: Tosfot (Pesachim 94a s.v. Rabbi Yehuda, Shabbat 35a s.v. Trei, and Zevachim 56a s.v. minayin), Ramban (Torat Haadam Avelut Yeshana n. 105 s.v. vrayiti), Maggid Mishna (Shabbat 5:4), Ran (on Rif Shabbat 15a), [https://www.hebrewbooks.org/pdfpager.aspx?req=47991&st=&pgnum=335 Sefer Hatrumah (Hilchot Tefillin)] and Shulchan Aruch O.C. 261:2. Yabia Omer OC 2:21:1-3 also cites that this is the position of the Ran Yoma 81b, Ritva Shabbat 35a, Meiri Shabbat 35a, Smag Asin 32, Roke'ach 51, Mordechai Shabbat 35a, Rashba Brachot 2b, Orchot Chaim Yom Kippurim n. 3 citing Rav Hai Goan, Baal Hameor Brachot beginning and Arvei Pesachim s.v. Rav Chinana, Raah on Brachot 27a, Ohel Moed Shabbat 2:7, Rabbenu Peretz on Smak 96, Rosh Tanit 1:12, Rosh Yoma 8:8, and Tosfot Harosh Brachot 2b. In Chazon Ovadia Shabbat v. 1 p. 269 he adds the Raavad, Raavan respona 2, and Rabbenu Yerucham. Dor Hamelaktim v. 1 p. 412 writes that Tosfot Rid (Mehudra Telita Shababt 34b), Nemukei Yosef Shabbat 34b, Hashlama Shabbat 34b, Maharil 163, and Maharik 173 concur with Rabbeinu Tam.  

# Some say that Rabbeinu Tam was only relevant in France but he would agree that in Israel or in place closer to the equator night begins much before 4 mil. In essence Rabbeinu Tam would agree with the Gra.<ref>Bayit Neeman 1:25 s.v. umistabra writes that Rabbeinu Tam would agree with the Gra had he lived in Israel. Essentially they both agree if you see the stars Shabbat is over. The only reason he said his opinion was because he had a contradiction between the two gemara's and his answer fit with the reality he observed. The reason that the Shulchan Aruch and Pri Chadash who lived in Israel and Egypt accepted Rabbeinu Tam was because they didn't have clocks to accurately check 4 mil and also there was no better answer to the contradiction in gemara's. Rav Yosef Schwartz (Divrei Yosef 43b) and Rav Chaim Avraham Gagin (Approbation to Divrei Yosef) agreed with this position.</ref> However, others think this is untenable.

# Some say that Rabbeinu Tam held that it is necessary to see 3 stars on the lower part of the Western sky which aren't seen for much longer than most other stars. Others disagree.<ref>Orot Chaim Druk answers that and Bayit Neeman 1:25 s.v. mistabra argues that such a chiddush isn't found in the rishonim. Bayit Neeman 1:28 s.v. ureeh cites Sava Hashamayim (Rav Nissim Vidal v. 1 p. 162) who also had a similar suggestion that the sky needs to be dark enough to see 3 faint stars and argues on that as well. Bayit Neeman finally cites Rav Yonah Merzbach in Aleh Yonah p. 65 who disagreed with the Orot Chaim.</ref>

*There are poskim that made pesakim for the land of Israel specifically. The more lenient positions held that Shabbat ends 24 minutes after sunset in the winter and 30 in the summer in Israel.<ref>Ketzot HaChoshen 93:2. Shemirat Shabbat Kehilchata (ch. 20 fnt. 45) cites Rav Shlomo Zalman Auerbach as saying that the minhag is to consider it Ben Hashemashot for 25 minutes.</ref> Those who were more stringent held that Shabbat should end 45-50 minutes after sunset in Israel.<ref>Dinim V'Hanhagot 8:7 in the name of the Chazon Ish. Rav Aharon M'Belz instructed that one should wait 50 minutes after sunset in Israel. Bayit Neeman 1:28 deals with how the oral reports that the Chazon Ish for only 45 minutes after sunset fits with the letter of the Chazon Ish (Igrot 2:41) that seems to advocate following Rabbenu Tam.</ref>

* In Baghdad, the practice of the Ben Ish Chai was to keep Shabbat until 27 minutes after sunset.<ref>Ben Ish Chai (Shana Sheniya, Vayetzeh n. 1). See Bayit Neeman 1:28 p. 184 s.v. vki who explains that the Ben Ish Chai was following the star observation method. He explains that most of those who wait 45 minutes like the Chazon Ish and Ben Ish Chai (for a shorter time) do so not because of Rav Tukachinsky's approach that rejects the Gra. Rather they all accept the Gra, yet they are strict to be sure that they see three small stars in the sky.</ref>

# Some hold that we follow the Gra and one should not use the opinion of Rabbenu Tam even as a safek or as a factor in any case.<ref>Rav Hershel Schachter in Bikvei Hatzoan explains that Rabbeinu Tam's position can not be added as a factor in a halachic question since it is based on a reality and it seems to us to be incorrect. Therefore, even ''elu v'elu divrei elokim chayim'' doesn't apply. For other reasons Bayit Neeman 1:25 agrees. He also quotes Rav Shlomo Zalman Auerbach (Puah p. 138 fnt. 61) as holding that one can't use Rabbeinu Tam as a factor.</ref> However, others disagree and consider Rabbenu Tam to be a valid opinion even though it isn't the one that is accepted in practice and therefore it can be used as a factor in halacha.<ref>Rav Ovadia Yosef in Taharat Habayit v. 2 pp. 265-274 uses the opinion of Rabbeinu Tam as one factor in allowing a hefsek tahara after sunset. However, Bayit Neeman 1:25 p. 144 s.v. vod argues that Rabbeinu Tam's opinion was rejected as the halacha and therefore one may not accept it as a factor to be lenient. The only one halacha where the Bayit Neeman is willing to accept using Rabbeinu Tam to be lenient is davening mincha after sunset up to 13.5 minutes since that is the minhag. </ref>