1)

HOW LONG MAY ONE DELAY BEFORE SAYING KRI'AS SHEMA AT NIGHT? [Kri'as Shema: night :time]

(a)

Gemara

1.

(Mishnah): Male Kohanim eat the meat of Chatas within the hangings (or the Azarah of the Beis ha'Mikdash), in any way, that day and until midnight.

2.

Berachos 2a (Mishnah) Question: When do we say Keri'as Shema at night?

3.

Answer #1 (R. Eliezer): It is from the time when Kohanim may eat Terumah until the end of the first Mishmar (three or four hours into the night).

4.

Answer #2 (Chachamim): The time extends until midnight.

5.

Answer #3 (R. Gamliel): The time extends until dawn.

6.

A case occurred, and R. Gamliel's sons returned from a wedding after midnight. (They had not said Shema.) He told them 'you must say it now. In fact, wherever Chachamim said "until midnight," the Torah Mitzvah is until dawn.

7.

Chelev and limbs may be burned on the Mizbe'ach until dawn. Any Korban that may be eaten for one day and a night is permitted until dawn. Chachamim said "until midnight" to distance people from transgression.

8.

4b: Chachamim hold like R. Gamliel. They say "until midnight" to distance people from transgressing;

i.

(Beraisa): Chachamim made a fence, lest one come home and say, 'I will eat and sleep a bit, and later I will say Shema and pray.' Perhaps he will sleep the entire night! Rather, when he returns, he goes to the Beis ha'Keneses, learns, reads Shema and prays. Afterwards, he eats. Anyone who transgresses Chachamim's words is Chayav Misah.

9.

8b (Rav Yehudah): The Halachah follows R. Gamliel.

10.

(Beraisa - R. Shimon citing R. Akiva): One can read Shema (after dawn and) before sunrise, and fulfill his obligation for the night Shema.

11.

(Rav Acha bar Chinena): The Halachah follows this opinion.

12.

9a (R. Yitzchak bar Yosef): Rav Acha inferred this from an episode in which two Rabanan got drunk (and did not say Shema before dawn). R. Yehoshua ben Levi said 'in pressed circumstances, we may rely on R. Shimon.'

13.

Surely, R. Gamliel's sons heard this Halachah from their father before this episode! They asked 'do Chachamim argue with you? If so, they are the majority, so the Halachah follows them. Or, do they agree with you, and midnight is only a deadline mid'Rabanan to distance people from Aveirah?' R. Gamliel answered 'they agree with me.'

14.

Question: The Mishnah implies that R. Gamliel said that the Mitzvah of Kri'as Shema is only until midnight. R. Gamliel did not say this!

15.

Answer: He told his sons that even Chachamim, who say until midnight, agree that the Torah Mitzvah is until dawn. They say until midnight to distance people from transgressing.

(b)

Rishonim

1.

Rif (Berachos 2a): The Halachah is, one is Yotzei the evening Shema before dawn. This is b'Di'eved. Even if he was Mezid, he was Yotzei, but it is forbidden. Chachamim made a fence lest one transgress. One who disobeys is Chayav Misah. R. Shimon's Heter to be Yotzei Kri'as Shema after dawn is only in pressed circumstances, e.g. he was drunk or sick. Then we said that one may rely on R. Shimon. If he was Mezid, he was not Yotzei.

i.

R. Yonah (1a DH v'Chachamim): Chachamim and R. Gamliel argue only about a fence. R. Gamliel does not make a fence. All agree that l'Chatchilah one must read immediately at Tzeis ha'Kochavim. The Beraisa discusses one who returns home even before the time for Shema. He should learn until Tzeis ha'Kochavim. The argument is about b'Di'eved. Chachamim say that even b'Di'eved one is Yotzei only until midnight, due to a fence. R. Gamliel says that he is Yotzei until the entire night.

2.

Rambam (Hilchos Kri'as Shema 1:9): The Mitzvah of Kri'as Shema at night is from Tzeis ha'Kochavim until midnight. If one transgressed and read it afterwards, before dawn, he was Yotzei. Chachamim said "until midnight" only to distance people from negligence.

3.

Rosh (Berachos 1:9): The Mitzvah is until dawn. One need not be stringent until midnight for Kri'as Shema like for other matters. Chachamim argue only about a fence, and R. Gamliel does not require this. However, one may not eat or sleep (some texts - drink) beforehand, lest sleep overcome him. R. Gamliel taught that one is Yotzei until dawn when there is no Ones. R. Shimon taught that one is Yotzei until sunrise when there is Ones. R. Gamliel's sons were not Anusim.

i.

Rashba (Berachos 9a DH u'Vnei): R. Gamliel permits waiting until shortly before dawn to read Shema. Even Chachamim only require reading before midnight. One may learn or work until shortly before then. However, both forbid eating and sleeping beforehand, for they lead to negligence. Even if he began, he must interrupt. The same applies to everything forbidden (before Minchah, e.g.) entering a bathhouse or a haircut. Other matters do not lead to negligence; they are permitted. The Yerushalmi supports this. R. Yosi said that one may learn, but he must pay read Shema before midnight. So it seems to me. However, the Rif and other Gedolim forbid delaying. Once the time comes, he must read, like the Beraisa connotes.

(c)

Poskim

1.

Shulchan Aruch (OC 235:3): L'Chatchilah, one must recite Kri'as Shema immediately at Tzeis ha'Kochavim. Its time is until midnight. If one transgressed and did not read it until dawn, he was Yotzei.

i.

Beis Yosef (DH u'Mah and DH Aval): The Tur, Rosh and Rashba permit waiting until shortly before dawn to read Shema. The Rambam and Semag say that the Mitzvah l'Chatchilah is to read before midnight. They hold that we rule like R. Gamliel against R. Eliezer, who says that the Mitzvah is until the end of the first Mishmar, but not against Chachamim, who say that the Mitzvah is until midnight to distance people from Aveirah. We follow the majority against an individual. Bechoros 9a connotes that R. Gamliel's sons thought that the Halachah does not follow their father when Chachamim disagree. R. Gamliel obligated them only because Chachamim agree. Therefore, the Halachah follows Chachamim, who enacted to read it immediately at Tzeis ha'Kochavim.

ii.

Beis Yosef (DH umi'Chlal): This shows that even before the time, one may not eat. It seems that this is a half hour beforehand, like we say about Minchah. The Mordechai (Shabbos 224) says that if one began to eat after dark before praying Ma'ariv, he must interrupt to say Shema. If he began eating earlier, when it was permitted, he need not interrupt. Also the Ran (Shabbos 4a fh Hilkach) says that one must interrupt Torah Mitzvos such as Kri'as Shema if he began after the time came, even if there is to do so after eating.

iii.

Gra (DH u'Zmanah): The Yerushalmi says that R. Gamliel argues with Chachamim, and he acted like his opinion. (In other cases) R. Meir, R. Akiva and R. Shimon argued with Chachamim, but they did not act like their opinions. The Yerushalmi explains that there, they were able to fulfill Divrei Chachamim. Here R. Gamliel could not, for midnight already passed. This is unlike the Rosh (who says that Chachamim permit l'Chatchilah to wait until midnight, and b'Di'eved after midnight). The Rambam says that Chachamim hold that even b'Di'eved one does not read after midnight, for he is not Yotzei. Chachamim can enact to uproot a Torah Mitzvah through telling people to be passive. However, the Bavli connotes otherwise. (Rather, Chachamim agree that one is Yotzei after midnight.) However, we can say that the first Tana holds that he is not Yotzei. The Halachah follows R. Gamliel b'Di'eved, especially because the Rambam always leans to follow the Yerushalmi (when it can be resolved with the Bavli).

iv.

Mishnah Berurah (26): One should read immediately at Tzeis ha'Kochavim, for zealous people do Mitzvos promptly.

v.

Kaf ha'Chayim (23): If one was teaching at the time, he does not interrupt until he finishes teaching. However, if he began teaching after the time came, he interrupts to say Shema and pray, and then resumes teaching.

vi.

Mishnah Berurah (27): One who delays until midnight transgressed Divrei Chachamim. There is no Isur to delay until midnight, just he is not zealous. However, if he eats or engages in distracting labors, letter of the law it is forbidden from when the time came.

vii.

Mishnah Berurah (29): One who was negligent may read until dawn. If he was Anus, he may read until sunrise.

viii.

Bi'ur Halachah (DH u'Zmanah): Many Rishonim hold like the Rambam, but also many hold like the Rosh. In pressed circumstances, e.g. he is teaching Torah, one may rely on the Rosh and delay until after midnight.

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