When Does Shabbat End?: Difference between revisions

*Zmanim KHalacha p. 43 quotes Hacham Ovadia as holding that the minutes for [[Alot HaShachar]] do not depend on location but rather shaot zmaniyot. Rabbi Yehuda Levi, author of Zmanim KHalacha, argues with Hacham Ovadia on the same page. He writes that the 72 minutes are not calculated based on the shaot zmaniot and do depend on current location. Rabbi Levi's difficulties stem from the [[Rambam]]'s language and astronomic calculation. In the Peirush HaMishnah to Berachot (1:1), Rambam uses a unique Arabic term when referring to [[Alot HaShachar]], one that is not used in reference to zman Kriyat Shema (Berachot 1:5) or a the time of a mil (Pesachim 3:2). Furthermore, in the winter, it starts to become light earlier than it starts to become light in the spring and the fall, despite having shorter shaot zmaniot in the winter; given this reality, it is difficult to justify calculating [[Alot HaShachar]] strictly according to shaot zmaniot. Therefore, Rabbi Levi maintains that [[Alot HaShachar]]'s calculation is determined by degrees below the horizon.</ref>

Rabbi Yechiel Michel Tukachinsky<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=6656&pgnum=30 Ben Hashemashot 2:8 p. 29]</ref> disagreed with the earlier approaches that used either time based methods of four mil or three quarter mil. With respect to the Gemara Pesachim he accepted the Vilna Goan's argument that it wasn't relevant to the determination of halachic night. Also, he understood that really Rabbi Yosi's twilight starts slightly later than that of Rabbi Yehuda's twilight. The only method that a person could use to calculate when night begins is the emergence of three stars.<ref>Tosfot Shabbat 35b s.v. elah’s asks why Shmuel needed to state that the halacha follows Rabbi Yosi with respect to the kohanim not being able to eat trumah if the only discrepancy between Rabbi Yehuda and Rabbi Yosi is minimal, the bat of an eye. Tosfot answers that in fact Rabbi Yosi’s Ben Hashemashot doesn’t begin immediately after Rabbi Yehuda’s, it only begins a little bit or much later. Gra OC 261:12 at the end argues that the Gemara Shabbat 35a is pretty clear that in fact Rabbi Yosi’s Ben Hashemashot starts immediately after that of Rabbi Yehuda’s. Rather the answer to Tosfot’s question is that kohanim can eat Trumah during Ben Hashemashot, however, since we follow Rabbi Yosi they can’t eat until after Rabbi Yehuda’s Ben Hashemashot. Rabbi Yechiel Michel Tukachinsky in Sefer Ben Hashemashot 2:8 notes that the Gra’s opinion is against almost all the rishonim and our text of the Gemara, which the Gra needed to emend. Accordingly he rejects the conclusion of the Gra and sides with Tosfot and others that the Ben Hashemashot of Rabbi Yosi is not immediately after that of Rabbi Yehuda’s. In fact it starts a while later. Therefore, he holds that nighttime begins with the emergence of three stars and is irrelevant to the Ben Hashemashot of 3/4 mil elapsing.</ref> To literally look up at the stars and decide when Shabbat is over could only be applied practically by someone who is an expert in this area as there are many preconditions to using this method and their determinations are complex.<ref>Biur Halacha 293:2 s.v. shiyru concludes that someone who isn't an expert in the matter of determining when the sky is equally dark on the Western side and that it isn't a cloudy day in order to then check when three stars emerge should not rely on this method. Furthermore, in Biur Halacha 261:2 s.v. sh'hu writes that only on the days when it is very long to follow the 4 mil of Rabbenu Tam according to shaot zmaniyot then one can rely upon the method looking at the stars with all of its conditions. Nonetheless, in Biur Halacha 293:2 s.v. ad he directly asks the question as to why Shulchan Aruch cites both the opinion of Rabbenu Tam that one must wait four mil and also the emergence of the stars method from the gemara. He first answers that if someone doesn't know when four mil elapses such as if he doesn't have a watch then he can use the stars method, however, if he knows he must wait four mil even after the stars emerged. Alternatively, he cites the Minchat Cohen who says that even Rabbenu Tam  would allow breaking Shabbat after the emergence of stars if that were to happen before four mil. Biur Halacha ends by saying that even the Minchat Cohen would concede that it is proper to wait for the Gra's condition that the Western part of the sky be darkened equally since it is within 4 mil. Besides this statement he does not give any statement whether one should rely on the Minchat Cohen. (See Dirshu 293:9 who quotes the Biur Halacha 261:2 s.v. sh'hu to be suggesting always to wait for four mil initially and not rely on the stars method. However, from seeing the language of that Biur Halacha as well as the one in 293:2 s.v. ad their interpretation seems questionable.)</ref> These include: the stars need to be in close proximity and not spread out,<ref>Shulchan Aruch Orach Chaim 293:2 based on Ran and Yerushalmi</ref> they need to be small stars,<ref>Shulchan Aruch Orach Chaim 293:2. Mishna Brurah 293:3 explains that although in theory three medium stars suffices but since no one today is enough of an expert to make such a determination we need to use three small stars. Mishna Brurah 293:4 cites the Tiferet Yisrael Shabbat ch. 2 that in addition to three small stars one needs to see three medium stars, however the Mishna Brurah proceeds to challenges this. He concludes that if one follows the Gra in Likutim that the sky needs to be dark to the point that the entire Western side is equally dark and not red at all then one need not be concerned for the Tiferet Yisrael.</ref> the three stars can only be relied upon if the Western part of the sky has darkened to the point that the area right above the horizon is as dark as the area far above the horizon.<ref>Mishna Brurah 293:4 citing the Gra in Likutim, Biur Halacha 293:2 s.v. ad, Biur Halacha 261:2 s.v. sh'hu </ref> The best way to apply this opinion is to take the determination of when stars are visible by an expert and then extrapolate based on degrees below horizon to the rest of the world.

* R Meir Mazuz in Or Torah 5745 ch. 92 and Or Torah Tevet 5755 p. 262 disagrees with the point of the Zmanim Khalacha within the Trumat Hadeshen. His answer is that the median day of the Trumat Hadeshen is in fact in the middle of the winter when the ‘day’ (which halachically is defined by olot to tzet) is equal to the night. That day there’s 40 mil, 12 hours, and a 18 minute mil. That’s the calculations of all the poskim who didn’t specify that they were discussing the 75 min hour. Also the Gra say it is a big mistake and not that the S”A meant longer hours. Rather it is a dispute S"A and Gra and we follow the S"A. Or Torah 5759 v. 380 p. 811 disputes Rav Mazuz's article and Rav Mazuz responds there.

* Finally, some of those of who hold of a 24 minute mil maintain Tzeit HaKochavim occurs two hours after sunset.<ref>Uvdot V'Hanhagot L'Beit Brisk (Vol. 4, page 54) in the name of the Brisker Rav.</ref> This position is based on the Rambam's position that a mil is 24 minutes and on those who maintain there are not four but five mil for Tzeit HaKochavim.<ref>24 mins/mil * 5 mil = 120 mins. The Rambam (Pirush Mishnayot Pesachim 9:1 and Korban Pesach 5:8) holds of the 24 minute mil and that there is 5 mil from shekiya until tzet. Tosfot Pesachim 11b s.v. echad also has the text that it is 5 mil from shekiya until tzet but the Gra OC 459 emends the text of Tosfot to say 4 mil. Those who have 4 mil: Tosfot Shabbat 35a s.v. talta, Tosfot Zevachim s.v. minyan, Tosfot Pesachim 94a s.v. Rabbi Yehuda, Ramban Torat Adam, Rashba Shabbat 34b, Rabbenu Dovid Pesachim 12a s.v. dyahavinan, and most of all the rishonim who agree with Rabbenu Tam.</ref>