When Does Shabbat End?: Difference between revisions
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The Vilna Goan (Gra)<ref>Biur HaGra OC 261:12</ref> explained that the Gemara Pesachim 94a was merely describing a time of night for when travelers could no longer travel. However, for halachic purposes nightfall begins after the twilight, which is three quarters mil. Similarly, this interpretation is subject to further debate as how to understand the time of four mil, whether it is measured in seasonal minutes (shaot zmaniyot) or astronomical degrees. No one who accepts the opinion of the Gra assumes that it is fixed minutes.<ref>Gra 261:12 at the beginning notes that all of the times in the Gemara are all according to the sun appears on the horizon in Bavel and it would need to be extrapolated to the rest of the world. Biur Halacha 261:2 s.v. sh'hu in citing the Gra, Magen Avraham, and Minchat Cohen clearly and explicitly interprets that the Gra would voche for shaot zmaniyot, seasonal minutes. However, based on Rabbi Belsky [https://www.myzmanim.com/read/degrees.aspx myzmanim.com ("Degrees" accessed August 5 2020)] there is another approach that calculates the times for the Vilna Goan based on degrees below horizon. As opposed to shaot zmaniyot which takes into account the season or the year, degrees below horizon takes into account the latitude of location in question, though not the longitude or season of the year. This is also the view of [https://www.yutorah.org/sidebar/lecture.cfm/857432/rabbi-hershel-schachter/halachos-associated-with-zmanei-hayom/ Rav Hershel Schachter (Halachos Associated with Zmanim, min 72-74)] and Rabbi Levy in Zmanim Bhalacha. | The Vilna Goan (Gra)<ref>Biur HaGra OC 261:12</ref> explained that the Gemara Pesachim 94a was merely describing a time of night for when travelers could no longer travel. However, for halachic purposes nightfall begins after the twilight, which is three quarters mil. Similarly, this interpretation is subject to further debate as how to understand the time of four mil, whether it is measured in seasonal minutes (shaot zmaniyot) or astronomical degrees. No one who accepts the opinion of the Gra assumes that it is fixed minutes.<ref>Gra 261:12 at the beginning notes that all of the times in the Gemara are all according to the sun appears on the horizon in Bavel and it would need to be extrapolated to the rest of the world. Biur Halacha 261:2 s.v. sh'hu in citing the Gra, Magen Avraham, and Minchat Cohen clearly and explicitly interprets that the Gra would voche for shaot zmaniyot, seasonal minutes. However, based on Rabbi Belsky [https://www.myzmanim.com/read/degrees.aspx myzmanim.com ("Degrees" accessed August 5 2020)] there is another approach that calculates the times for the Vilna Goan based on degrees below horizon. As opposed to shaot zmaniyot which takes into account the season or the year, degrees below horizon takes into account the latitude of location in question, though not the longitude or season of the year. This is also the view of [https://www.yutorah.org/sidebar/lecture.cfm/857432/rabbi-hershel-schachter/halachos-associated-with-zmanei-hayom/ Rav Hershel Schachter (Halachos Associated with Zmanim, min 72-74)] and Rabbi Levy in Zmanim Bhalacha. | ||
*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> | *Zmanim KHalacha p. 43 quotes Hacham Ovadia as holding that the minutes for [[Alot HaShachar]] do not depend on location but rather shaot zmaniyot. Orchot Maran v. 3 pp. 326-335 records and disccuses this position of Hacham Ovadia. 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> | ||
===Rav Tukachinsky's Approach=== | ===Rav Tukachinsky's Approach=== | ||
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. | Rabbi Yechiel Michel Tukachinsky<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=6656&pgnum=30 Ben Hashemashot 2:8 p. 29]. See Rav Dovid Yosef in Orchot Maran v. 3 p. 343 who disagrees with this and other approaches based on seeing the stars. He advocates for either follow the Gra or Rabbenu Tam and anything in between is baseless.</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. | ||
==Emergence of the Stars (Rav Tukachinsky)== | ==Emergence of the Stars (Rav Tukachinsky)== | ||
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* Rabbi Dr. Leo Levy in Zmanim Khalacha p. 19-20 makes the point that it is clear that the Gra is correct in his calculation and even the intention of the Trumat Hadeshen 123, Shulchan Aruch 459, and Rama 261 was that as well. The only way to maintain a 18 minute mil is if you calculate that there’s 12 hours from olot until tzet and that’s 40 mil, but then the 12 hours and resulting minutes are ‘large’ minutes from olot to tzet. Therefore, that would be equal to 22.5 in our minutes measured with 12 equal hours during the day and 12 during the night on the perfect day. This is also the opinion of the Gra 459:5 and Chatom Sofer OC 80. Chok Yaakov 459 makes this same point as the Gra. The reason that the Gra thought that he was attacking the Trumat Hadeshen is because he isn’t clear and used the language of an hour and could have been understood to be referring to our shorter hours. The only question he has is on the Pri Megadim, Mishna Brurah, and later poskim who quoted the shitah of 18 minutes. Yodei Binah v. 4 p. 90 and Birkat Arev 17:1 p. 79 agree with Zmanim Khalacha on this point. | * Rabbi Dr. Leo Levy in Zmanim Khalacha p. 19-20 makes the point that it is clear that the Gra is correct in his calculation and even the intention of the Trumat Hadeshen 123, Shulchan Aruch 459, and Rama 261 was that as well. The only way to maintain a 18 minute mil is if you calculate that there’s 12 hours from olot until tzet and that’s 40 mil, but then the 12 hours and resulting minutes are ‘large’ minutes from olot to tzet. Therefore, that would be equal to 22.5 in our minutes measured with 12 equal hours during the day and 12 during the night on the perfect day. This is also the opinion of the Gra 459:5 and Chatom Sofer OC 80. Chok Yaakov 459 makes this same point as the Gra. The reason that the Gra thought that he was attacking the Trumat Hadeshen is because he isn’t clear and used the language of an hour and could have been understood to be referring to our shorter hours. The only question he has is on the Pri Megadim, Mishna Brurah, and later poskim who quoted the shitah of 18 minutes. Yodei Binah v. 4 p. 90 and Birkat Arev 17:1 p. 79 agree with Zmanim Khalacha on this point. | ||
* See [[Talk:When Does Shabbat End?]] for the Derech Yashara's argument based on the Leket Yosher. Orot Chaim 6:5 supports the 18 minute mil based on Moed Katan 21b and the rishonim there. | * See [[Talk:When Does Shabbat End?]] for the Derech Yashara's argument based on the Leket Yosher. Orot Chaim 6:5 supports the 18 minute mil based on Moed Katan 21b and the rishonim there. | ||
* 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 | * 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 Shulchan Aruch meant longer hours. Rather it is a dispute Shulchan Aruch and Gra and we follow the Shulchan Aruch. Or Torah 5759 v. 380 p. 811 disputes Rav Mazuz's article and Rav Mazuz responds there. | ||
* Rav Dovid Yosef in Ki Ba Hashemesh (end of ch. 3, pp. 33-34) addresses this issue at great length with no clear resolution. He suggests the same idea as Rav Mazuz but finds that it is very difficult. He leaves the question and maintains that the halacha is nonetheless 18 minute mil. | * Rav Dovid Yosef in Ki Ba Hashemesh (end of ch. 3, pp. 33-34) addresses this issue at great length with no clear resolution. He suggests the same idea as Rav Mazuz but finds that it is very difficult. He leaves the question and maintains that the halacha is nonetheless 18 minute mil. | ||
</ref> Others define a mil as 24 minutes, making Shabbat end 96 minutes after sunset.<ref>Magen Avraham 459:3. 96 minutes- Satmar Rebbe (Zemirot Divrei Yoel) and Shu"t Beit Avi (3:117). The 24 minute mil is based on the opinion of the Rambam (Rambam Korban Pesach 5:8 and Pirush Mishnayot Pesachim 9:1) described below.</ref> | </ref> Others define a mil as 24 minutes, making Shabbat end 96 minutes after sunset.<ref>Magen Avraham 459:3. 96 minutes- Satmar Rebbe (Zemirot Divrei Yoel) and Shu"t Beit Avi (3:117). The 24 minute mil is based on the opinion of the Rambam (Rambam Korban Pesach 5:8 and Pirush Mishnayot Pesachim 9:1) described below.</ref> | ||
* 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> | * 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. Sefer Hayashar (Chidushim 221) and Yereyim 274 also have the text of 5 mil. 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> | ||
===Answering the Questions for Rabbeinu Tam=== | ===Answering the Questions for Rabbeinu Tam=== | ||
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The other major position that sought to resolve the contradiction in Gemaras was that of the [[Geonim]] and the [[Vilna Gaon]] (Gr"a) who held that there is only one halachic sunset, which occurs at natural sunset. The 0.75 mil the Gemara was referring to is the time that it takes 3 medium sized stars to appear in the sky, which is nighttime on a Torah level. We are then required to wait longer until 3 small stars appear<ref>Shulchan Aruch, Orach Chaim 293:3</ref> to appear to end Shabbat. When the Gemara was speaking about 4 mil, it is referring to when all the stars appear in the sky, which does not have halachic significance.<ref>Bei'ur HaGra and Bei'ur Halacha, Orach Chaim 261:2 and Mishna Berurah 293:3</ref> This position maintains that Tzeit HaKochavim occurs after 0.75 mil after sunset, long before the 4 mil presented by Rabbeinu Tam. | The other major position that sought to resolve the contradiction in Gemaras was that of the [[Geonim]] and the [[Vilna Gaon]] (Gr"a) who held that there is only one halachic sunset, which occurs at natural sunset. The 0.75 mil the Gemara was referring to is the time that it takes 3 medium sized stars to appear in the sky, which is nighttime on a Torah level. We are then required to wait longer until 3 small stars appear<ref>Shulchan Aruch, Orach Chaim 293:3</ref> to appear to end Shabbat. When the Gemara was speaking about 4 mil, it is referring to when all the stars appear in the sky, which does not have halachic significance.<ref>Bei'ur HaGra and Bei'ur Halacha, Orach Chaim 261:2 and Mishna Berurah 293:3</ref> This position maintains that Tzeit HaKochavim occurs after 0.75 mil after sunset, long before the 4 mil presented by Rabbeinu Tam. | ||
Many [[Rishonim]] and [[Geonim]]<ref>Maharam Alshaker 96 quoting letters from Rav Hai Goan, Rav Sherira Goan, and Rav Nissin Goan as all holding that ben hashemashot begins at shekiya.</ref> agree with the opinion of the Vilna Goan including the Ri<ref>Mayim Chaim of the Pri Chadash (5704 edition p. 116 s.v. ubemet) writes that Tosfot Pesachim 2a s.v. veha citing the Ri holds like the Geonim and Gra. Be'er Avraham (Pesachim 2a) agrees and asks why the earlier Poskim didn’t quote this Tosfot as a proof. Derech Yeshara Ben Hashemashot p. 124 and Ish Matzliach (MB v. 3 Kuntres Ben Hashemashot p. 91) also cite this proof. The First Lubevitcher Rebbe (the Alter Rebbe / Baal HaTanya) in Piskei HaSiddur (cited by Hazmanim Bhalacha 2:41:9) also says Tosfot Pesachim 2a holds like Geonim. The Hazmanim Bhalacha tries to avoid this reading in Tosfot but is confronted with a challenged by the text of the Tosfot Rash Mshantz and leaves it unresolved.</ref> | Many [[Rishonim]] and [[Geonim]]<ref>Maharam Alshaker 96 quoting letters from Rav Hai Goan, Rav Sherira Goan, and Rav Nissin Goan as all holding that ben hashemashot begins at shekiya.</ref> agree with the opinion of the Vilna Goan including the Ri<ref>Mayim Chaim of the Pri Chadash (5704 edition p. 116 s.v. ubemet) writes that Tosfot Pesachim 2a s.v. veha citing the Ri holds like the Geonim and Gra. Be'er Avraham (Pesachim 2a) agrees and asks why the earlier Poskim didn’t quote this Tosfot as a proof. Derech Yeshara Ben Hashemashot p. 124 and Ish Matzliach (MB v. 3 Kuntres Ben Hashemashot p. 91) also cite this proof. The First Lubevitcher Rebbe (the Alter Rebbe / Baal HaTanya) in Piskei HaSiddur (cited by Hazmanim Bhalacha 2:41:9) also says Tosfot Pesachim 2a holds like Geonim. The Hazmanim Bhalacha tries to avoid this reading in Tosfot but is confronted with a challenged by the text of the Tosfot Rash Mshantz and leaves it unresolved.</ref>, [[Rambam]],<ref>The Maharam Alshaker 96 proves that the Rambam (Shabbat 5:4) agrees with the Geonim that Ben Hashemashot is all of 0.75 mil and begins immediately after shekiya. In fact he says that the Rif, Rambam, and Rosh agree on this. One of his proofs is from Rav Avraham Ben Harambam's work "Alkafiya" where is clear that Ben Hashemashot starts immeidately at shekiya. Yabia Omer OC 2:21:4 disagrees and tries to show that the Rambam Pirush Mishnayot (Shabbat 2:6) holds like Rabbenu Tam. Ish Matzliach (Kuntres Ben Hashemashot MB v. 3) thoroughly tries to disprove Yabia Omer's contention and show that the Rambam thinks like the Geonim. Or Letzion 1 YD 10 also explains that the Rambam follows the Geonim. | ||
* The Yabia Omer and Or Letzion's dispute focus mostly around the Rambam Kiddush Hachodesh 2:9 where he says that the bet din can declare the new month until one star appears after the sunset as it is still day. Yabia Omer infers that he accepts Rabbenu Tam since he is holding that ben hashemashot does not start right after sunset. However, the Or Letzion answers that he is just following the opinion of Rabbi Yosi who holds that it is still daytime until the end of Ben Hashemashot of Rabbi Yehuda for another 0.75 of a mil. Since he is writing a halacha just for Bet Din he can follow the strict halacha like Rabbi Yehuda. However, in Rambam Shabbat 5:4 which indicates that it is day until sunset is because we're strict like Rabbi Yehuda regarding halachot that apply to everyone. | * The Yabia Omer and Or Letzion's dispute focus mostly around the Rambam Kiddush Hachodesh 2:9 where he says that the bet din can declare the new month until one star appears after the sunset as it is still day. Yabia Omer infers that he accepts Rabbenu Tam since he is holding that ben hashemashot does not start right after sunset. However, the Or Letzion answers that he is just following the opinion of Rabbi Yosi who holds that it is still daytime until the end of Ben Hashemashot of Rabbi Yehuda for another 0.75 of a mil. Since he is writing a halacha just for Bet Din he can follow the strict halacha like Rabbi Yehuda. However, in Rambam Shabbat 5:4 which indicates that it is day until sunset is because we're strict like Rabbi Yehuda regarding halachot that apply to everyone. | ||
* Rambam Trumot 7:2 according to | * Rambam Trumot 7:2 according to some versions states explicitly that from sunset until tzeit hakochavim is around 20 minutes. Rav Chaim Kanievsky in Derech Emunah 7:21 concludes that most poskim hold that the Rambam indeed holds like the Geonim and Gra and not Rabbenu Tam. In fnt. 34 he explains that the Rambam held that it is around 20 minutes because he held of the 24 minute mil (Rambam Pirush Mishnayot 9:1, Korban Pesach 5:8) and 3/4 of 24 minutes is 18 minutes. However, Rav Tukachinsky ([https://www.hebrewbooks.org/pdfpager.aspx?req=6656&st=&pgnum=52 Ben Hashemashot p. 51]) argues that this is the incorrect text of the Rambam which was added from the Smag. The Smag who said 20 minutes also held like Rabbenu Tam (Asin 32) so he meant 20 minutes after shekiya sheniya.</ref> and Rabbenu Prachya.<Ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=16107&st=&pgnum=49 Rabbenu Prachya Ben Rabbenu Nissim (Shabbat 34b s.v. mshetishkeh)], who largely based his commentary on the Rambam and was Rabbi of Egypt in the early thirteenth century, implies that ben hashemashot begins when the sun dips below the horizon.</ref> Some say Rashi holds this as well.<ref>Maharam Alshaker 96 marshals the Rashi Shabbat 35a s.v. karmel as a proof to his position. See Rashba Shabbat 35a and Ramban Torat Adam who endeavor to make the gemara fit with Rabbenu Tam but in doing so reject Rashi, though not necessarily because they thought he disagreed with Rabbenu Tam.</ref> Many achronim and poskim hold of this approach.<ref>Maharam Alshakar 96, Shach YD 266:11, Gra YD 262:9, Gra OC 261, Graz (Piskei Hasiddur), Maharshag 1:38:1, Chazon Ish (Orchot Rabbenu v. 1 p. 127) all cited by Dor Hamelaktim v. 1 p. 413.</ref> Many contemporary poskim state and confirm that the minhag is like the Gra.<ref>Dor Hamelaktim v. 1 p. 415 quotes the Har Tzvi cited in Tzitz Eliezer 17:2:4, Rav Shlomo Zalman Auerbach (Halichot Shlomo Chanuka 16:31), Rav Elyashiv (Tzohar 13:53:3), Tzitz Eliezer 17:2, Yabia Omer 7:41:2, Rav Nevinsal (Byitzchak Yikareh 261:3), and Shemesh Umagen 1:5, 2:18 writes that the minhag is like the Gra.</ref> | ||
The application of the Gra's opinion of 3/4 mil practically is generally understood to be done by degrees below horizon. The reason for this opinion is that it would account for the difference in the places of the world and standardize how dark it is to be considered nighttime. This is the approach of myzmanim.com, Rav Tukachinsky,<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=6656&st=&pgnum=43 Ben Hashemashot p. 42] writes that 4 mil is 22.5 degrees below horizon. [https://www.hebrewbooks.org/pdfpager.aspx?req=6656&st=&pgnum=73 Ben Hashemashot p. 72] writes 4.5 degrees below horizon for the Gra.</ref> Rav Schachter,<ref>[https://www.yutorah.org/sidebar/lecture.cfm/884254/rabbi-hershel-schachter/berachos-2-2ab-haerev-shemesh-showering-after-mikveh-bein-hashmashos-birkat-kerias-shema-/ Rav Schachter (Brachot 2a, min 47)]</ref> and Rav Belsky<ref>[https://www.myzmanim.com/read/degrees.aspx Myzmanim.com] holds by degrees below horizon based on Rav Belsky.</ref>.<ref>Gra 261:12 states that the time for nightfall depends on one's location and the Gemara was only talking about the horizon in Bavel. Birur Halacha Tinyana p. 96 advocates for this position of extrapolating times based on degrees below horizon. He bases it on the Minchat Cohen 2:5 and Biur Halacha 261:2 s.v. kodem and 293:1 s.v. ad who discuss having an earlier tzeit based on observing stars. | The application of the Gra's opinion of 3/4 mil practically is generally understood to be done by degrees below horizon. The reason for this opinion is that it would account for the difference in the places of the world and standardize how dark it is to be considered nighttime. This is the approach of myzmanim.com, Rav Tukachinsky,<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=6656&st=&pgnum=43 Ben Hashemashot p. 42] writes that 4 mil is 22.5 degrees below horizon. [https://www.hebrewbooks.org/pdfpager.aspx?req=6656&st=&pgnum=73 Ben Hashemashot p. 72] writes 4.5 degrees below horizon for the Gra.</ref> Rav Schachter,<ref>[https://www.yutorah.org/sidebar/lecture.cfm/884254/rabbi-hershel-schachter/berachos-2-2ab-haerev-shemesh-showering-after-mikveh-bein-hashmashos-birkat-kerias-shema-/ Rav Schachter (Brachot 2a, min 47)]</ref> and Rav Belsky<ref>[https://www.myzmanim.com/read/degrees.aspx Myzmanim.com] holds by degrees below horizon based on Rav Belsky.</ref>.<ref>Gra 261:12 states that the time for nightfall depends on one's location and the Gemara was only talking about the horizon in Bavel. Birur Halacha Tinyana p. 96 advocates for this position of extrapolating times based on degrees below horizon. He bases it on the Minchat Cohen 2:5 and Biur Halacha 261:2 s.v. kodem and 293:1 s.v. ad who discuss having an earlier tzeit based on observing stars. | ||
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#According to Sephardim, it is permitted for someone who keeps Rabbenu Tam time to ask someone who doesn't keep Rabbenu Tam time to do Melacha for him.<ref>Yalkut Yosef 293:11</ref> | #According to Sephardim, it is permitted for someone who keeps Rabbenu Tam time to ask someone who doesn't keep Rabbenu Tam time to do Melacha for him.<ref>Yalkut Yosef 293:11</ref> | ||
==Mitzvah of Extending Shabbat== | |||
#How does one fulfill Tosefet Shabbat in the end of Shabbat? Mishna Brurah 293:1 writes that the technical halacha is that one fulfills Tosefet Shabbat by not doing melacha until nighttime, it is proper to nonetheless not to delay praying maariv in order to extend Shabbat. The Mishna Brurah supports this point from the Bach 293:1 and Pri Megadim M”Z 293:1. The Rama 293:3 adds to this by writing that they should extend the Vhu Rachum and Barchu in order to fulfill Tosefet Shabbat. | |||
==Sources== | ==Sources== | ||
<references /> | <references /> | ||
[[Category:Shabbat]] | [[Category:Shabbat]] | ||
