The Time of Tefillas Maariv
[1] (Halacha 1100)
In the summer days in northern countries, tzeis hakochavim is very late, and many daven Maariv before tzeis hakochavim.
Question: What is the basis for permitting davening before tzeis hakochavim, and what are its conditions? And for a person who is in a place where the minyan davens before tzeis hakochavim, is it preferable that he daven with the minyan, or that he daven alone after tzeis hakochavim?
Answer: This subject is lengthy and concerns the mitzvah of Krias Shema and the time of the Maariv tefillah, and we will see the details of this in the coming halachos. In this halacha we will look at it from the aspect of the time of the tefillah.
The Mishnah in Maseches Brochos1 brings the dispute between Rabbi Yehudah and the Chachamim: 'The Mincha tefillah is until the evening; Rabbi Yehudah says, until plag haMincha. The evening tefillah has no fixed time.'
And continuing from this, the Gemara says2: 'The Mincha tefillah is until the evening, etc. .. Rav Chisda said: Let us see — since Rav would daven the Shabbos tefillah on Erev Shabbos while it was still day, learn from this that the halacha follows Rabbi Yehudah. On the contrary, since Rav Huna and the Rabbanan would not daven until nightfall, learn from this that the halacha does not follow Rabbi Yehudah! Now that the halacha was not stated either like this master or like that master, one who acts like this master has acted [properly], and one who acts like that master has acted [properly]'.
> Thus Rabbi Yehudah and the Chachamim disagree whether the end of the time of the Mincha tefillah and the beginning of the Maariv tefillah is at plag haMincha, or whether the end of the time of the Mincha tefillah and the beginning of the Maariv tefillah is in the evening3, 4; the halacha was not decided, and one may conduct himself according to either of the two approaches.
The Rambam5 wrote: 'The evening tefillah, even though it is not obligatory, for one who davens it, its time is from the beginning of the night.'
The Rishonim wrote [in the name of the Geonim] that although in principle one may conduct himself either like the Chachamim or like Rabbi Yehudah, a fixed practice is required, and one may not daven one time this way and another time that way — that is, on one day to daven Mincha after plag in accordance with the words of the Chachamim, and on another day to daven Maariv at this time in accordance with the words of Rabbi Yehudah — as the Ra'aviyah wrote6: 'And we conclude that one who acts like this master has acted [properly], and one who acts like that master has acted [properly]; meaning, one who conducts himself all his days like one of them, we do not protest against him — but not that he act sometimes like Rabbi Yehudah and sometimes like the Rabbanan, for these would be two stringencies that contradict each other regarding the Mincha tefillah and the Maariv tefillah'.
And so wrote Rabbeinu Yonah7: '"One who acts like this master has acted [properly], and one who acts like that master has acted [properly]" — even though it appears from here that if he wishes he may daven Maariv from plag haMincha onward, since according to Rabbi Yehudah from then onward it is not the time of the Mincha tefillah, and according to the Rabbanan he may daven Mincha until the evening — even so, a person should not act in a manner in which his practices contradict one another. For if he sometimes davens Mincha from plag haMincha onward like the Rabbanan, and sometimes davens Maariv at that same time before sunset like Rabbi Yehudah, his words are found to contradict one another, for sometimes he judges it as day and sometimes he judges it as night. Rather, he should act at all times either like the Rabbanan, davening Mincha until sunset and the Maariv tefillah afterwards, or like Rabbi Yehudah, always davening the Mincha tefillah only until plag haMincha and davening Maariv afterwards whenever he wishes, even before sunset. And now, since our custom is to daven the Mincha tefillah after plag haMincha like the Rabbanan, we should not daven the Maariv tefillah before sunset like Rabbi Yehudah, but rather do everything like the Rabbanan. However, b'dieved, if he davened the Maariv tefillah from plag haMincha onward with the intention of fulfilling his obligation, he has fulfilled it, and we do not obligate him to daven again. From the mouth of my teacher, the Rav, may his light shine.'
And the Rosh8 wrote: 'The Gaon wrote9 that one who davens Maariv early can then daven Mincha only until plag haMincha, like Rabbi Yehudah, for if the view of Rabbi Yehudah holds, that of the Rabbanan does not, and if that of the Rabbanan holds, that of Rabbi Yehudah does not. Therefore, if he davened the Mincha tefillah until the evening, he can no longer advance the evening tefillah to plag haMincha, for it is impossible for him to act one time like Rabbi Yehudah and one time like the Rabbanan.'
However, there are Rishonim who wrote that insofar as it is not on the same day, this is not considered two contradictory practices (tarti desasri), as the Ra'ah wrote10, cited in the Ohel Moed there: 'Explanation: However, this is where he does not conduct himself like both of them at once; but when he conducts himself like both of them at once — that he davens Mincha after eleven hours less a quarter, like the Rabbanan, and also davens the Maariv tefillah at that same hour before dark, which is like Rabbi Yehudah, whereas according to the Rabbanan, wherever it is the time of the Mincha tefillah it is certainly not the time of the Maariv tefillah — in this case he is certainly negligent, for these two contradict one another, and both are not possible, and there must necessarily be an error in one of them. And one who follows both leniently, that is, at once, is necessarily negligent, and it is like that which we say in Chullin: "[one who follows] the leniencies of Beis Shammai and the leniencies of Beis Hillel is wicked", and we explained it there as referring to two things that contradict one another. And even though in that case in Chullin, even one after the other, two contradictory things are forbidden — there it concerns Torah law; but here, with tefillah, which is Rabbinic, one after the other is permitted, while at once it is certainly forbidden, for he is necessarily negligent in one of them.'
And so wrote the Meiri11: '.. And they learned from here that since we have the practice to daven Mincha in the evening, we should not daven the Maariv tefillah at plag haMincha; and those who would daven the Shabbos tefillah on Erev Shabbos would never delay Mincha until this time. And I do not agree with this view at all; rather, on one day it is not fitting for him to daven both Mincha and Maariv in it, but from day to day there is no concern at all, and there is no issue here of two things that contradict one another, for in Rabbinic matters we are not concerned. And this is like two paths, one impure and one pure, where two people walked, this one on one and that one on the other: if they come to ask at the same time, both are impure, and if one after the other, both are pure.'
And the Mordechai12 wrote: 'And even according to the words of the commentators that one who wishes may act today like Rabbi Yehudah and tomorrow act like the Rabbanan, nevertheless on one day we do not act with two leniencies that contradict one another'.
The Rosh13 cited that according to the words of Rabbeinu Tam, 'it may be said that regarding tefillah they were lenient', and one acts with 'two leniencies that contradict one another'.
> Thus we have seen that the halacha was not determined regarding the end of the time of Mincha and the beginning of the time of Maariv — whether it is at plag haMincha like Rabbi Yehudah or in the evening like the Chachamim — but the Rishonim wrote not to act in two contradictory ways (tarti desasri): to daven Mincha at a time that is the time of Maariv according to the words of the Chachamim, and also to daven Maariv at this same time according to the view of Rabbi Yehudah. And there are two approaches in this: whether the problem of tarti desasri applies in general, or only when it is done on the same day. And in the next halacha we will see further details of this, and likewise regarding Krias Shema.
Notes:
1 26a ↩
2 27a ↩
3 In the coming halachos we will see what time is considered evening — whether sunset or tzeis hakochavim ↩
4 It should be noted that some explained the words of the Chachamim in another manner; see Pnei Yehoshua, Brochos 2b; 27a ↩
5 Hilchos Tefillah, chapter 3, halacha 6. And see the Kesef Mishneh, halacha 6 and halacha 7, who explains the words of the Rambam, that he does not rule like the Chachamim ↩
6 Brochos, siman 83 ↩
7 Brochos 18b in the pages of the Rif ↩
8 Brochos, chapter 4, siman 3. See also the words of the Rosh at the beginning of Brochos, that there should not be tarti desasri between tefillah and Krias Shema. And we will discuss this in the coming halachos ↩
9 In the Ohel Moed, Sha'ar HaTefillah, Derech 2, Nesiv 2, he wrote this in the name of Rav Hai Gaon ↩
10 Brochos 27a ↩
11 Brochos 26b ↩
12 Moed Katan, remez 923. And see also Brochos, remez 89 ↩
13 Beginning of Brochos. Cited in the Beis Yosef, siman 233. (However, perhaps the intent of the Rosh is only regarding tefillah in relation to Krias Shema, and not two tefillos; and see the next halacha, and this requires further study) ↩
[2] (Halacha 1101)
In the previous halacha we saw the words of the Gemara and the Rishonim, that the halacha was not established as to when the end of the time of Mincha and the beginning of the time of Maariv is — whether it is at plag haMincha or in the evening; but it is important that the one davening not do tartei desasrei — that is, that he not daven Mincha at the time of Maariv according to the Chachamim and also daven Maariv according to the opinion of Rabbi Yehudah.
Question: What is the law bedieved and in a pressing situation?
Bedieved: Rabbeinu Yonah wrote1: 'However, bedieved, if he davened the tefillah of Maariv with the intention to fulfill his obligation from plag haMincha onward, he has fulfilled it, and we do not obligate him to go back and daven again. From the mouth of my teacher the Rav, may his light shine'.
A pressing situation: In the Ohel Mo'ed2 he wrote: 'And the Ba'al HaShlamah said that now that they have adopted the practice, out of pressing circumstances, of sometimes acting like Rabbi Yehudah and sometimes like the Rabbanan, it is proper, for it is no worse than one who rises early to set out on the road, who advances and recites'.
The Beis Yosef3 cited the above and wrote: 'And now the general public is accustomed to be lenient in this, and even though they daven the tefillah of Mincha after plag haMincha, they do not refrain from davening Maariv at that same time as well; and even though these are two leniencies that contradict each other, possibly they rely on what the Rosh wrote at the beginning of Brochos according to the opinion of Rabbeinu Tam, and this is his wording: "However, it is somewhat difficult, for regarding the tefillah of Mincha we act like the Rabbanan and sometimes daven the tefillah of Mincha after plag haMincha, and regarding Krias Shema we consider it night like Rabbi Yehudah, and these are two leniencies that contradict each other; and what we say below, 'one who acted like this master has acted validly', its explanation is that the halacha was not decided either like Rabbi Yehudah or like the Rabbanan; whoever wishes may do everything like Rabbi Yehudah or everything like the Rabbanan, but not that he should take hold of the leniency of both. And one may say that regarding tefillah they were lenient"'4.
In practice the Mechaber wrote5: 'One who davened the tefillah of Mincha from six and a half hours onward has fulfilled his obligation. And its main time is from nine and a half hours onward until night according to the Rabbanan, and according to Rabbi Yehudah until plag haMincha, which is until the end of eleven hours less a quarter .. And we conclude: one who acted like this master has acted validly, and one who acted like that master has acted validly, provided that he always acts like one of them: that if he acts like the Rabbanan and davens Mincha until night, he can no longer daven Maariv from plag haMincha onward; and if he acts like Rabbi Yehudah and davens Maariv from plag haMincha onward, he must be careful not to daven Mincha at that time. And now that the custom is to daven the tefillah of Mincha until night, one should not daven the tefillah of Maariv before sunset; and if bedieved he davened the tefillah of Maariv from plag haMincha onward, he has fulfilled his obligation. And in a pressing situation, he may daven the tefillah of Maariv from plag haMincha onward'.
And the Rema wrote in a gloss: 'And for us, in these countries, where the custom is to daven Maariv from plag haMincha, one should not daven Mincha afterwards; and bedieved or in a pressing situation, he has fulfilled his obligation if he davens Mincha until night, that is, until tzeis hakochavim'.
And the Magen Avraham wrote6: 'Always like one of them — this means that he should not practice sometimes this way and sometimes that way, and all the more so that he should not, on one day, daven Mincha after plag haMincha and Maariv before tzeis hakochavim'.
> Thus we have seen that the Mechaber ruled that one must be careful not to do tartei desasrei [and they explained his intent, that this applies even if it is not on the same day], but bedieved, and in a pressing situation, one is lenient in this.
However, in the words of the Mechaber and the Rema it was not mentioned whether one is also lenient for the sake of a minyan and the like; but we find poskim who mentioned this, like the words of the Beis Yosef, as written in the Erech Lechem of the Mahariks"h: 'And some say that regarding tefillah they were lenient even lechatchilah, and therefore one should not rebuke those who practice the leniency'.
And in the sefer Bishlemei Tzibbur7, after he cited the words of the Beis Yosef that the general public is accustomed to be lenient to daven both tefillos in a manner of tartei desasrei, he wrote: 'And so it appears to be the opinion of the Arizal, for we wrote above that he was very careful to daven Mincha only at sunset, and he himself wrote, regarding "the night consists of three watches", that one should daven at a time that is closer to day than to night, for all three tefillos must be by day, and Krias Shema he should recite afterwards at tzeis hakochavim .. And how would he do two leniencies that contradict each other? Perforce one must say that he relied on the opinion of Rabbeinu Tam of blessed memory, that regarding tefillah they were lenient'.
The Magen Avraham8 also wrote: 'And now the custom is to daven Mincha and Maariv adjacent to each other, because they hold like the Rabbanan9; and the fact that they daven Maariv before night is because of pressing circumstances, for it is a burden to gather the tzibbur a second time; and so it is in the Tur, siman 235. And an individual who did not daven in the beis haknesses should wait until night; and see what is written in siman 90, se'if 9. And one must be careful not to daven Maariv before plag haMincha, as written above'.
And in the Siddur Derech Chaim10 he wrote: 'However, with a tzibbur, since it is a burden to go and gather them, they were lenient in this, and the custom is to daven both together; but an individual should be careful in this, unless in a pressing situation; and all the more so, bedieved he has fulfilled his obligation'.
And see also in the Mishnah Berurah11: 'And all this is if he davens as an individual; but a tzibbur that davened Mincha, where, when they go home, it will be a burden to gather them a second time for the tefillah of Maariv, and the tefillah of the tzibbur will be entirely nullified — the Acharonim were lenient that it is permitted to daven Maariv adjacent to Mincha; and see below in siman 235, se'if 1'.
However, in the Mishnah Berurah regarding Shabbos12 he wrote: '.. And some say that with a tzibbur one may be lenient to daven Maariv from bein hashmashos, even if he davened Mincha after plag haMincha; and it appears to me that one should rely on this only when he davens Maariv at least during bein hashmashos and in a pressing situation, but not when it is still definitely day; and he should recite Krias Shema again when it is definitely night; and see the Biur Halacha'. And there in the Biur Halacha he wrote: 'What we wrote, that one should not rely, etc., is because all the Acharonim did not mention this leniency, and their reason is that since on the rest of the weekdays we are accustomed to daven at its proper time according to the law, because this leniency has no source in the Shas, how can we rely on this leniency on Shabbos'.
> Thus we have seen that it was ruled in practice that one should not do tartei desasrei from day to day, but bedieved or in a pressing situation one fulfills his obligation, and some permitted it for the sake of a minyan13. In the next halacha we will see whether one may be lenient for the sake of Shabbos, and the words of the Alter Rebbe on this.
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Notes:
1 Brochos 18b in the pages of the Rif ↩
2 Sha'ar HaTefillah, derech 2, nesiv 2 ↩
3 Orach Chaim, siman 233 ↩
4 However, one should seemingly remark on the proof of the Beis Yosef from the words of the Rosh, for seemingly the plain meaning of the words of the Rosh regarding the opinion of Rabbeinu Tam (they concern tartei desasrei between "sometimes davening" Mincha and Krias Shema, and he explained) is that they held primarily like Rabbi Yehudah, and therefore they recite Krias Shema after the plag, except that sometimes they davened Mincha after the plag, because they relied on being lenient "regarding tefillah". But from where can one learn to be lenient regarding tartei desasrei when both concern tefillah, on the same day and in one continuous sequence? ↩
5 Siman 233, se'if 1 ↩
6 Se'if katan 5. [And see also the words of the Magen Avraham in siman 267, se'if katan 1: 'For the Mordechai wrote that one may do it one time this way and one time that way; and even though we do not hold so, nevertheless on Erev Shabbos one may rely on him'] ↩
7 P. 160, Perek Zman HaMincha 4. Cited in the Sha'arei Teshuvah, Orach Chaim, siman 235, se'if katan 2 ↩
8 Siman 1, se'if katan 7. And see the Machatzis HaShekel ↩
9 However, see the Magen Avraham, siman 235, se'if katan 2, and the Machatzis HaShekel there. This requires further study ↩
10 Siman 48, se'if 2 ↩
11 Siman 233, se'if katan 11 ↩
12 Siman 267, se'if katan 3 ↩
13 And in the coming halachos we will see that some were particular to daven at the proper time ↩
[3] (Halacha 1102)
Shabbos
In the previous halacha we saw that it was ruled not to do tarti desasri, even from day to day, meaning that one who is not always careful not to daven Mincha before plag haMincha should not daven Maariv before nightfall.
Question: A person who during the week is not careful to daven Mincha before plag haMincha — on Friday night, for the sake of accepting Shabbos, is it permitted for him to daven Maariv from plag haMincha?
Answer: We have already seen the words of the Gemara in Brochos1 that Rav davened the tefillah of Leil Shabbos before Shabbos began.
And so too it is brought in the Yerushalmi2 regarding several Amoraim who davened early, and afterwards it is written there: 'Rabbi Chanina said: Rabbi Yishmael b'Rabbi Yosi drew me to a certain inn and said to me: Here Father davened [the tefillah] of Leil Shabbos on Erev Shabbos. Rabbi Ami said: Rabbi Yochanan disagrees, but he did not need to disagree about this [=Rabbi Yochanan disagreed with this, but he did not need to disagree about it] — why? Because one adds from the mundane onto the holy'.
> Thus it is explained in the Yerushalmi that even Rabbi Yochanan, who disagrees regarding an early Maariv tefillah, would not have needed to disagree regarding Leil Shabbos, because of the law that one adds from the mundane onto the holy.
The Rambam3 wrote: 'The evening tefillah, even though it is not obligatory, for one who davens it, its time is from the beginning of the night .. One who davens a tefillah before its time has not fulfilled his obligation, and he goes back and davens it in its time. And if he davened the Shacharis tefillah under pressing circumstances after dawn had broken, he has fulfilled [his obligation]. And he may daven the Maariv tefillah of Leil Shabbos on Erev Shabbos before the sun sets, and likewise he may daven Maariv of Motzei Shabbos on Shabbos, since the Maariv tefillah is optional and one is not exacting about its time, provided that he reads Krias Shema in its time, after tzeis hakochavim'.
From the wording of the Rambam it appears4 that even though the time of Maariv is at the beginning of the night, on Leil Shabbos one may daven it earlier.
However, the Tur5 wrote: 'And the Ritz Gias wrote: since all of Klal Yisroel have adopted the practice according to the Rabbanan, that Maariv is davened only once it has become dark, one should not daven [the tefillah] of Shabbos on Erev Shabbos, nor [that] of Motzei Shabbos on Shabbos'.
But the Beis Yosef6 wrote: 'And as for the halacha, since the Rambam and the Rosh agree to one view, that is how we rule, and not like the Ritz ibn Gias'7.
As halacha, the Mechaber wrote8: 'One davens Maariv earlier than on weekdays, and at plag haMincha one may light and accept Shabbos with the Maariv tefillah and eat immediately'.
And the commentators explained9 the words of the Mechaber, who wrote that one davens Maariv earlier than on weekdays, that he means that even one who on a weekday davens Mincha after plag — and therefore, so that there should not be tarti desasri, in principle he should not daven Maariv before nightfall on any day — nevertheless, for the sake of the mitzvah of tosefes Shabbos he is permitted to daven it earlier.
And the Magen Avraham10 wrote regarding the intent of the Bahag: '.. Afterwards I found that the Bahag11 wrote, and this is his wording: For Rav davened [the tefillah] of Shabbos on Erev Shabbos, and Rabbi Yirmiyah davened behind him a weekday tefillah, and he did not stop Rabbi Yirmiyah; learn from this that it is not [that] only until plag haMincha we daven Mincha and from then on Maariv that Rav said, since he did not stop Rabbi Yirmiyah, who was davening Mincha. And Rav holds thus: if he wishes to daven [the tefillah] of Shabbos on Erev Shabbos, he davens it, meaning one adds from the mundane onto the holy. End of his words. And one must say that according to him, initially [the Gemara] wished to deduce from Rav that the halacha follows Rabbi Yehudah; but according to the conclusion that if one wishes he acts like this master etc., he may daven early on Erev Shabbos even though on weekdays he acts like the Rabbanan. And this is also the view of the Rambam, for one who examines there, unlike what is written in the Kesef Mishneh .. And furthermore, the Mordechai12 wrote that one may act one way at one time and the other way at another time. And even though we do not hold so, nevertheless on Erev Shabbos one may rely on him. However, at the end of Moed Katan13 he wrote that on one day one should not do two leniencies that contradict one another, and therefore one must be careful on Erev Shabbos to daven Mincha before plag haMincha. And all this is for those whose practice is to daven Maariv at night; and see what is written in siman 233. And in the Writings14 it is brought that the Arizal would daven Maariv at night even on Erev Shabbos'.
And this is the wording of the Alter Rebbe15: 'And the practice is to daven Maariv earlier than on weekdays, and this is proper, in order to accept Shabbos as early as possible, provided only that it is from plag haMincha onward, as explained in simanim 261 and 263. And even those who daven Maariv at its time, at tzeis hakochavim, all the weekdays, may daven early on Erev Shabbos from plag haMincha onward, in accordance with the words of Rabbi Yehudah, who says that from plag haMincha onward it is night with regard to tefillah. And even though at times, on other days, he davens Mincha at that time, and these are two leniencies that contradict one another, as explained in siman 23[3], we are not concerned about this with regard to the Maariv tefillah of Shabbos, since there is a mitzvah when he davens it while it is still day, for he adds from the mundane onto the holy. However, he must be careful not to daven Mincha on that very day after plag haMincha, so that he does not do two leniencies that contradict one another at one time .. Nevertheless, if he wishes to daven the Shabbos tefillah, too, at night, he may do so, and he should add from the mundane onto the holy without tefillah; and even one who davens Maariv while it is still day may accept tosefes Shabbos before the tefillah'.
> Thus we have seen that the poskim wrote that even though it is not proper to act in tarti desasri, for the sake of the mitzvah of tosefes Shabbos one may daven the tefillah of Leil Shabbos from plag haMincha, even if he sometimes davens Mincha at this time. But he should be careful on that day to daven Mincha before plag. And in the coming halachos we will see [the halacha] regarding Krias Shema, and the minhag regarding early tefillah.
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Notes:
1 27a ↩
2 Brochos, chapter 4, halacha 1 ↩
3 Hilchos Tefillah, chapter 3, halachos 6 - 7 ↩
4 However, the Kesef Mishneh wrote: 'And not specifically [the tefillah] of Shabbos .. for the same applies every day, only that our master copied the wording of the Gemara'. And see the Magen Avraham, that seemingly this contradicts what is written in the Beis Yosef below ↩
5 Orach Chaim, siman 293 ↩
6 Orach Chaim, siman 267 ↩
7 That is, the Beis Yosef holds that it is evident from the words of the Rambam that only on Shabbos is it permitted to daven early ↩
8 Shulchan Aruch, Orach Chaim, siman 267, se'if 2 ↩
9 See Tosfos Shabbos, se'if katan 1, and Machatzis HaShekel on the Magen Avraham, se'if katan 1 ↩
10 Siman 267, se'if katan 1 ↩
11 Siman 1, page 46 ↩
12 Brochos, remez 89 ↩
13 Remez 923 ↩
14 Shaar HaKavanos, inyan Kabbalas Shabbos; see Kaf HaChaim, Orach Chaim, there, se'if katan 3 ↩
15 Shulchan Aruch, Orach Chaim, there, se'if 2 ↩
[4] (Halacha 1103)
In the previous halachos we saw the discussion in the Mishnah, the Gemara and the Rishonim regarding the beginning of the time of the Maariv tefillah, and we saw that the Gemara said that the halacha was not determined in this matter, and it is possible to daven Maariv already from plag haMincha, provided that it is not in a manner of tarti desasri.
Question: When is the time of Krias Shema, and how does this fit with the time of the Maariv tefillah that we saw in the previous halachos?
Answer: Regarding the beginning of the time of the evening Krias Shema, the Mishnah at the beginning of Maseches Brochos says: 'From when does one recite the Shema in the evening? From the time that the Kohanim enter to eat their terumah'. And in the Gemara1 there, additional opinions were brought regarding the beginning of the time.
And in the Talmud Yerushalmi2 it is stated: 'It was taught: one who recites it before then has not fulfilled his obligation. If so, why does one recite it in the shul? Rabbi Yosi said: one does not recite it in the shul in order to fulfill one's obligation, but rather in order to stand in tefillah out of words of Torah'.
The Rosh3 wrote that they asked Rav Hai Gaon regarding the practice of reciting Krias Shema and davening before the time, and the implication of his words is that this was not a proper or common thing; and in his responsum he answered: 'In Eretz Yisroel they do so: they daven Maariv and afterwards recite the Shema in its time, and they are not concerned about juxtaposing Geulah to the Maariv tefillah; and we see that Krias Shema in its proper time, that is, at tzeis hakochavim, is preferable to juxtaposing Geulah to tefillah, where it is not possible to daven [otherwise]'.
Thus, according to the view of Rav Hai Gaon, there is room to daven Maariv early, on condition that Krias Shema and its brochos are recited only at night (as was the practice in Eretz Yisroel), and not that Krias Shema with its brochos be recited early, even though by doing so they would gain the juxtaposition of Geulah to tefillah.
In the time of our masters the Rishonim, the usual practice in Ashkenaz was to daven Maariv, including the recitation of Krias Shema, while it was still day, in the shul; and we find in the words of the Rishonim several explanations to explain the minhag, and how the matters fit together — that on the one hand it is possible to daven Maariv already from plag haMincha, while on the other hand the beginning of the time of Krias Shema, which is recited before the tefillah, is only later — as follows:
a) Rashi4 brought the Yerushalmi and wrote: 'If so, why does one recite it in the shul? In order to stand in tefillah out of words of Torah. And so it is taught in a Baraisa in Yerushalmi Brochos. And therefore it is incumbent upon us to recite it once it has become dark, and with the recitation of the first parsha that a person recites on his bed, he has fulfilled [his obligation]'.
> Thus, according to the view of Rashi, those who daven early indeed do not fulfill their obligation of the mitzvah of Krias Shema, and they fulfill it with Krias Shema on the bed5.
However, the Tosafos there raised several difficulties against Rashi and wrote two explanations, one in the name of Rabbeinu Tam and one in the name of the Ri:
b) Rabbeinu Tam — 'Rabbeinu Tam explained that, on the contrary, the Krias Shema of the shul is the principal one. And if you will ask: how do we recite it so long while it is still day? One can answer that we hold like Rabbi Yehudah, who said in Perek Tefillas HaShachar that the time of the Mincha tefillah is until plag haMincha, that is, eleven hours less a quarter, and immediately when the time of Mincha ends, the time of Maariv begins'.
And this is the wording of the Rosh6: 'From then on it is night with regard to (the Maariv tefillah), and the same applies with regard to Krias Shema. And we say below: one who acts like this master has acted [properly], and one who acts like that master has acted [properly]. And we also say below: Rav davened [the tefillah] of Shabbos on Erev Shabbos; evidently it is considered night with regard to the evening tefillah, and the same applies with regard to Krias Shema'.
> Thus, according to the view of Rabbeinu Tam, since the halacha was ruled that one may act according to the words of Rabbi Yehudah and daven Maariv from plag haMincha, this implies that the time of Krias Shema is also from plag haMincha, and one fulfills the obligation with the early recitation in the shul.
c) The Ri — 'The Ri says that certainly the Krias Shema of the shul is the principal one, and we who daven Maariv while it is still day hold like those Tannaim of the Gemara who say: from the time that the day becomes sanctified, and also from the time that people enter to recline, that is, the meal of Erev Shabbos, which was while it was still day; and from that time it is the time of tefillah'.
The Tur7 brought the three explanations and wrote: 'Nevertheless, even according to the explanation of the Ri, one should not hurry to recite it so long while it is still day, before tzeis hakochavim, for it is a small amount [of time] between the Tannaim of the Mishnah and the Tannaim of the Baraisa8'.
> That is, according to the view of the Ri, we rely on the opinion of the Tannaim in the Gemara who wrote that the time of Krias Shema is before tzeis hakochavim, [but one should not recite Krias Shema early, from the time of plag haMincha, but rather closer to tzeis hakochavim].
> Thus we have seen the different opinions in explaining the minhag to daven early in the shul, even though the obligation of Krias Shema is seemingly after plag haMincha. [For some relied on the Krias Shema of the early tefillah, and some did not rely on it. And in the next halacha we will see how the poskim ruled as halacha].
--------------
Notes:
1 2b ↩
2 Brochos, chapter 1, halacha 1 ↩
3 Brochos, chapter 1, siman 1 ↩
4 Brochos 2a ↩
5 Based on this, the Rishonim discussed the bracha; briefly: a. Whether one makes a bracha on Krias Shema on the bed, with which one fulfills the mitzvah, as the Rosh wrote, Brochos, chapter 1, siman 1: '.. And so wrote Rav Amram z"l, that one must make the bracha "asher kideshanu b'mitzvosav v'tzivanu" on Krias Shema when he recites it before [going to] his bed', and this is not the place [to elaborate]. b. How one makes the brochos of Krias Shema on the early Krias Shema, as the Rashba wrote, Shu"t, part 1, siman 47: 'If so, how do we recite it with its brochos? Do not wonder, for the brochos of Krias Shema are not actual brochos of Krias Shema like Birchas HaTorah and the brochos over mitzvos .. rather, they are brochos that were instituted on their own, only that they instituted to say them before Krias Shema and after it .. for the brochos are not brochos of the recitation, and if he said them before the time of Shema, there is nothing wrong with that'. And see Rabbeinu Yonah regarding these two discussions ↩
6 Brochos, chapter 1, siman 1 ↩
7 Orach Chaim, siman 235 ↩
8 And the Maharlach explained: 'That is to say, whereas according to the explanation of Rabbeinu Tam one may hurry to recite it even an hour and a quarter before tzeis hakochavim, like Rabbi Yehudah, [who holds] that from plag haMincha it is night, *but according to the explanation of the Ri, who ruled like the Tannaim of the Baraisa, one should not hurry* etc.' ↩
[5] (Halacha 1104)
In the previous halacha we saw differing opinions among the Rishonim as to whether one may rely on Krias Shema recited before tzeis hakochavim, and we saw that according to the view of Rabbeinu Tam one may say Krias Shema already from plag haMincha.
There are Rishonim1 who ruled like Rabbeinu Tam in practice, as the Raavyah2 wrote: 'And if so, perforce Krias Shema precedes the Maariv tefillah, which is an hour and a quarter before nightfall. However, we must be as precise as we possibly can, so as not to delay [past] the time of the Mincha tefillah and not to advance the evening tefillah and Krias Shema [too early] .. And those who delay reciting Krias Shema and davening the Maariv tefillah until night appear to be [acting with] arrogance, for anyone who does something he does not need to do is called a hedyot, as stated in the Yerushalmi of our tractate, chapter 2. But for those who are accustomed to abstinence in other matters as well, for them it does not appear as arrogance'3.
On the other hand, many Rishonim ruled like the opinions that the time is tzeis hakochavim [like the view of Rav Hai Gaon and Rashi], as the Tur4 wrote in the name of the Ritz Gias: 'And the Ritz Gias wrote: since all of Klal Yisroel have adopted the practice according to the Rabbanan, that Maariv is davened only once it has become dark, one should not daven [the tefillah] of Shabbos on Erev Shabbos, nor [that] of Motzei Shabbos on Shabbos'5.
And the Rokeach6 wrote: 'I heard from Rabbi Y.B.A. [that] he would recite Krias Shema with the congregation when they davened by day, [and] daven the Maariv tefillah with them, for a person's tefillah is heard only with the congregation; and at tzeis hakochavim he would recite Krias Shema on his bed with its brochos. But the essence of the mitzvah is to daven Krias Shema with its brochos and to juxtapose Geulah to tefillah after tzeis hakochavim'.
And some wrote that the minhag of early tefillah is only due to the concern for a minyan, as the Rosh7 wrote: 'Out of necessity they adopted this practice, because the congregation gathers for the Mincha tefillah, and if they would not recite the Shema and daven the evening tefillah until tzeis hakochavim, each one would go home, and it would be a burden for them to gather afterwards, and they would not daven with the congregation. Therefore the people adopted the practice of reciting the Shema and davening before tzeis hakochavim, and they relied on those Tannaim, as I explained, even though initially one should not recite Krias Shema until tzeis hakochavim, like the unattributed Mishnah'.
And along these lines the Kolbo8 wrote: 'From when does one recite the Shema in the evening? From the time of tzeis hakochavim, and one who does so before then has not fulfilled [his obligation], unless [it is] with a shliach tzibbur in a place where there is a chaver ir; and the reason is because of "עת לעשות לה' הפרו תורתך" ("It is a time to act for Hashem; they have made void Your Torah"), for if they would break off between the Mincha tefillah and the Maariv tefillah and each man would go to his tent, they would become lax or forget to return and daven in its time, which is tzeis hakochavim, and its recitation would be entirely nullified. But in a place where there is no chaver ir, an individual who davens would do well to delay and recite it in its time, which is tzeis hakochavim, and not advance it before this'.
And the Tur9 wrote: 'And from when is the time of the evening Krias Shema? As we learned: from the time that the Kohanim enter to eat their terumah, that is, tzeis hakochavim; so wrote Rav Alfas. And so wrote Rav Paltoi: one who recites Krias Shema before he has seen three stars, if he intended for this [to fulfill his obligation], has not fulfilled his obligation, and he should go back and recite [it] and daven; and if he did not intend for this, and erred and davened, he should not go back and daven. And so wrote Rav Amram. And even if he recited it during bein hashmashos, which is a doubt whether it is day or night, it is stated in the Yerushalmi that he goes back and recites it. And so explained Rashi, that its time is from tzeis hakochavim'.
And as halacha, the Mechaber wrote10: 'The time of Krias Shema at night is from the time of the emergence of three small stars, and if it is a cloudy day, he should wait until the doubt leaves his heart'.
The Alter Rebbe11 brought that the common minhag is like Rabbeinu Tam, but in practice he wrote that the main [view] is like the opinions that one should not recite it before nightfall: 'The common minhag is to recite the evening Krias Shema from plag haMincha onward, because they rely on those who say that from plag haMincha onward, just as it is like night with regard to the Maariv tefillah according to Rabbi Yehudah, so it is like night with regard to the evening Krias Shema; and if so, the same applies, according to their words, that it is like night with regard to Sefiras HaOmer according to Rabbi Yehudah. Nevertheless, one must go back and count when the time arrives, because the main [view] is like those who say that from plag haMincha it is not considered night, even according to Rabbi Yehudah, except with regard to tefillah alone, but not with regard to other matters whose mitzvah is at night, as explained in siman 235'.
> Thus the main [view] as halacha is that the time of Krias Shema is at night, and not like the words of Rabbeinu Tam and the Ri, and one does not fulfill the obligation of its recitation in the shuls in which they daven Maariv before tzeis hakochavim.
And some wrote that therefore it is proper that the tefillah, too, be at night, as the Shelah12 wrote: 'In chutz laaretz, in the lands of Poland and Bohemia and the entire kingdom, and in Ashkenaz, where the practice is to daven Maariv while it is still broad daylight, nevertheless new ones have recently come, and there is a holy fellowship who join together to daven Maariv in its time, as I saw in the city and mother in Yisroel, in 'Prague'. Fortunate is one who joins them, for a mitzvah in its time is beloved13. Nevertheless, even if it is not possible all the days of the year, it is proper for one who has an awakening in his heart to join them during the days of the Sefirah, for then one mitzvah brings another mitzvah: Krias Shema in its time, and also Sefiras HaOmer with the congregation14'.
And so wrote the Divrei Chamudos15: 'And recently it has newly come about here, in the holy community of Prague and the holy community of Vienna, that many gather for Maariv to daven with the congregation in its time'.
The Alter Rebbe, too, in a responsum16 mentioned this minhag: 'And similarly we find several halachos about which the poskim, Rishonim or Acharonim, disagreed, and in the generations before us the fathers of our fathers followed the opinion of the lenient ones, and in these generations those who follow the stringent practice have greatly multiplied, such as chodosh and the Maariv tefillah in its time, and many similar [cases]'.
And in the Shulchan Aruch17 he wrote that an individual must daven in its time: 'But for Maariv one must wait until tzeis hakochavim, for they were lenient to daven while it is still day only because of the burden on the congregation, since it is impossible to gather them again for the Maariv tefillah at night if they separate from one another after the Mincha tefillah, as written in siman 235; but those who daven as individuals must daven in its time'18.
> Thus we have seen that, because of the virtue of tefillah with the congregation, the practice was to prefer davening early with the congregation at the expense of Krias Shema in its time; but nevertheless the poskim held that it is proper for the tefillah to be in its time19 [and therefore an individual should daven in its time]20. And in the next halacha we will see further details regarding this.
Notes:
1 See also Tosafos, Brochos 26b, s.v. Yaakov tikein, who wrote: 'And according to what we explained, that we hold like Rabbi Yehudah, who said until plag haMincha, it is well, and our minhag is good, for on the contrary, it is good to daven a little while it is still day'. And see also the Shelah, Chullin, Perek Derech Chaim Tochachas Mussar ↩
2 Brochos, siman 1. Brought in the Mordechai, Brochos, remez 1, and in the Hagahos Maimonios, Hilchos Tefillah, chapter 3, os 8 ↩
3 And see Piskei Tosafos, Menachos, chapter 3, os 118: 'Rabbeinu Tam explained: those who delay on Shabbos after seudah shlishis, or who delay until dark and [then] recite [Krias Shema], daven and eat, are not acting properly; and the minhag of our fathers is Torah. And the beginning of the eleventh hour is the time of Maariv, and Geulah and Krias Shema [come] before [it], and they would recite Krias Shema while it was still day, corresponding to twelve hours. And Rav davened [the tefillah] of Shabbos on Erev Shabbos, and all the more so on a weekday, for then they recite [it], and on this he relied. And one who deviates is called a hedyot; and from lack of knowledge they make the Torah like two Torahs, and are stringent with the lenient and lenient with the stringent' ↩
4 Orach Chaim, siman 293 ↩
5 Although the Ritz Gias is speaking regarding the time of tefillah and not Krias Shema, nevertheless the source of Rabbeinu Tam for an early Krias Shema is to rely on the words of Rabbi Yehudah and not like the Rabbanan ↩
6 Hilchos Tefillah, siman 326. Brought in the Hagahos Maimonios there ↩
7 Brochos, chapter 1, siman 1 ↩
8 Siman 10 ↩
9 Orach Chaim, siman 235 ↩
10 Siman 235, se'if 1 ↩
11 Siman 489, se'if 12. The Magen Avraham in siman 235, se'if katan 2, wrote: 'And people now have adopted the practice like Rabbeinu Tam .. but every person should be stringent for himself' ↩
12 Maseches Pesachim, Perek Ner Mitzvah ↩
13 Pesachim 68b ↩
14 It appears that this is on account of Krias Shema ↩
15 Brochos, chapter 4, siman 3 ↩
16 End of siman 7 ↩
17 Orach Chaim, siman 90, se'if 10 ↩
18 Seemingly, from the fact that he cited siman 235 and not siman 233, it appears that his intent is on account of Krias Shema ↩
19 And see also Eishel Avraham (Butchach), siman 235; Mishnah Berurah, Biur Halacha, siman 267, se'if 2 ↩
20 And see also Biur Halacha, siman 235, se'if 1: 'And in Maaseh Rav, os 65, he wrote that it is better to daven Maariv in its time alone, if he is unable to gather ten at the time of Krias Shema, and even on Shabbos his view there is that he should daven specifically in its time'. And Biur Halacha, siman 267, se'if 2: 'For we are accustomed, on the other weekdays, to daven in its time, as is the law' ↩
[6] (Halacha 1105)
Question: What is the practical conduct regarding early tefillah?
Answer: In the previous halachos we saw three principles regarding an early Maariv tefillah, before tzeis hakochavim:
a) One should not daven in a manner of tarti desasri1 (meaning, one who sometimes davens Mincha after plag should not daven Maariv before plag; and certainly on the same day he should not daven Mincha after plag and Maariv early).
b) Even when there is no tarti desasri, because of Krias Shema in its time one must daven Maariv at night; only that for the sake of davening with a minyan they were lenient to daven while it is still day, because of the burden on the congregation.
c) For the sake of the mitzvah of tosefes Shabbos it is permitted to daven early and to do tarti desasri, but not contradictions on the same day (so that even one who sometimes davens Mincha after plag may daven Maariv early on Friday night, on condition that on Friday he davens Mincha before plag).
★ ★ ★
Question: a. For the sake of davening with a minyan2, must one daven even though there will be tarti desasri? b. In a case where there is no tarti desasri, is it nevertheless possible to prefer davening alone at the [proper] time over davening early with the congregation? c. And what is the minhag on Erev Shabbos?
Answer: a. The Rosh3 wrote: 'It seemed to him [=to Rav Hai] that it is better to daven his tefillah with the congregation from plag haMincha onward, like Rabbi Yehudah, than to daven alone and juxtapose Geulah to tefillah .. However, it seems that one who acts thus must be careful not to daven the Mincha tefillah from plag haMincha onward, since he considers it night with regard to the evening tefillah'.
The Mechaber4 brought the words of Rav Hai, and in the Biur HaGra5 he wrote: 'That is, for one who acts like Rabbi Yehudah, as written in siman 233, se'if 1'.
And the Tzemach Tzedek, in his Chiddushim on Shas6, wrote: 'It seemingly implies that if his minhag is to daven Mincha until nightfall, then even though he enters [a place with] a congregation that davens Maariv and Krias Shema before tzeis hakochavim, he need not daven with them7 .. and Rav Hai is speaking about one who acts like Rabbi Yehudah; and so wrote the Gra, siman 235, se'if katan 5: "And if the congregation etc." — that is, for one who acts like Rabbi Yehudah'.
> Thus, even for the sake of davening with a minyan, one need not daven in a manner that is tarti desasri, even if it is not on the same day.
b. But the Tzemach Tzedek adds and introduces a novel point regarding the second detail mentioned above as well — Krias Shema in its time: that even without tarti desasri (for example, one who does not daven Mincha after plag), he has no obligation to advance Krias Shema before its time for the sake of davening with a minyan. And what they wrote, that one should daven with the congregation and before nightfall, refers to one who is accustomed to daven Maariv before nightfall.
And this is the wording of the Tzemach Tzedek there: '.. Tefillah in its time, and juxtaposing Geulah to tefillah, and reciting the brochos of Krias Shema in their time — one can say that this is preferable to davening with the congregation not in its time and reciting the brochos of Krias Shema not in their time. And see the Magen Avraham, siman 89, se'if 9, se'if katan 19, and this is his wording: "And the Shelah wrote, page 128: And in Ashkenaz, where the practice is to daven Maariv early, as written in siman 235, an individual who lives in a village or [is] on the road must wait until tzeis hakochavim. End of his words." This seemingly implies [that this is] specifically when he is an individual and is unable to daven with a congregation, but when he is in the city it is preferable to daven with the congregation, even before tzeis hakochavim, and he should rely on fulfilling the obligation of Krias Shema in its time with Krias Shema on the bed, as mentioned above, se'if 1. It appears that this is for one who is accustomed thus, to daven Maariv with the congregation before tzeis hakochavim. But one who wishes to adopt the practice of davening Krias Shema and the Maariv tefillah after tzeis hakochavim — one can say that he may adopt this practice even in Ashkenaz. And there is also a proof from what is written in the Shulchan Aruch, siman 89, se'if 18, in the Hagah: "And some say that even without ten it is preferable etc." — thus at times they permit davening alone on account of some proper reason. Likewise the reasons mentioned above — tefillah in its time, for one who acts like the Rabbanan and not like Rabbi Yehudah; and Krias Shema and its brochos in their time; and juxtaposing Geulah to tefillah — appear to be equally weighty as well. And a further proof from what is written in the Beis Yosef, siman 236, s.v. V'nireh shemi shenichnas, who concluded that tefillah with the congregation is preferable to the law of juxtaposing Geulah to the tefillah of Maariv; and the Rema wrote in the Darkei Moshe there, se'if katan 3, in the name of a responsum of the Rashba, siman 236: "Specifically regarding the Maariv tefillah, which is optional, did the Gaon say [this], but regarding that of Shacharis, juxtaposing Geulah to tefillah is preferable. End of his words." And if so, also regarding the Maariv tefillah, where there are additional reasons — namely, tefillah after tzeis hakochavim, and reciting the brochos of Krias Shema and Krias Shema in their time — one can say that this is preferable to tefillah with the congregation. And all the more so when combined with the reason that the Maariv tefillah is optional and not obligatory; if so, also with regard to tefillah with the congregation one can say that one may be more lenient with it than with an obligatory tefillah ..'.
> Thus, even in a place where there is a minyan and they daven early, one may be careful about [reciting] Krias Shema with [its] brochos in its time, and afterwards Shemoneh Esrei [even though because of this he will daven alone]8.
c. Davening the tefillah of Leil Shabbos early: In the previous halacha we saw the words of the Alter Rebbe9, who wrote: 'And the practice is to daven Maariv earlier than on weekdays, and this is proper, in order to accept Shabbos as early as possible .. Nevertheless, if he wishes to daven the Shabbos tefillah, too, at night, he may do so, and he should add from the mundane onto the holy without tefillah'.
However, in practice the accepted minhag among Anash is not to daven early10. And we find regarding our Rebbeim that at this time they would say Chassidus, and only later did they daven11.
In Beis Chayeinu - 770, the Rebbe established that Kabbalas Shabbos should be one hour after candle lighting12, and in later years three quarters of an hour13.
[Rabbi Kasriel Kastel14 related, regarding groups that were brought for Shabbosos to Crown Heights, that they wrote to the Rebbe the program for a summer Shabbos, and in it they wrote that they would daven Kabbalas Shabbos and Maariv while it was still day, so that they would have more time for the Shabbos seudah, and that they had received permission for this from the Rav of the neighborhood, Rabbi Dworkin; and the Rebbe answered: 'But this is not the Chabad minhag here'.]
And it is possible that the reason for this is also based on what we saw from the words of the Tzemach Tzedek, that even for the sake of davening with a minyan one is not obligated to daven early, before the time, and he may wait in order to daven and recite Krias Shema in its time; if so, the same applies regarding accepting tosefes Shabbos — especially since, with regard to tosefes Shabbos, if he wishes to daven the Shabbos tefillah, too, at night, he may do so, and he should add from the mundane onto the holy without tefillah. If so, there is a virtue in delaying the tefillah so that he can daven at the proper time.
Notes:
1 However, we saw in halacha number 1104 that some had the practice of permitting this for the sake of maintaining a minyan ↩
2 The discussion is about an individual who wishes to join an existing minyan, and not as in the previous note ↩
3 Brochos, chapter 1, siman 1 ↩
4 Orach Chaim, siman 235, se'if 1 ↩
5 Os 5 ↩
6 Brochos 1, 3, se'if 2 ↩
7 Seemingly, were it not for the words of the Tzemach Tzedek and the Gra, one could seemingly have understood the words of the Rosh as referring to tarti desasri on the same day, and not from day to day ↩
8 But in a place where, as a result of this, there would be no minyan at all, seemingly it is not proper to cancel the minyan altogether for this purpose ↩
9 Shulchan Aruch, Orach Chaim, siman 267, se'if 2 ↩
10 So wrote Kitzur Halachos from the Shulchan Aruch of the Alter Rebbe, siman 267, note 5; Nesivim B'Sdeh HaShlichus, part 1, chapter 10, note 1; Shulchan Aruch of the Alter Rebbe with Biurei Halacha, os 13, and in Mekoros V'Hosafos, os 38; Shulchan Aruch of the Alter Rebbe with Dover Shalom, os 17; Halacha L'Maaseh, part 1, chapter 15, os 1. And some have come out with a novel claim, arguing that this does not have the status of a minhag, especially since it contradicts the words of the Alter Rebbe, who wrote regarding davening early 'and this is proper'; but their words are not reasonable, for, as mentioned above, the Alter Rebbe wrote 'and this is proper, *in order to accept Shabbos as early as possible'*, and in the same se'if he brings another way to accept Shabbos early, even without tefillah. If so, even for those who are careful to accept Shabbos early, it is proper to accept Shabbos early, and he can daven at night, and thereby he will also gain the tefillah in its time. [And regarding the very matter of advancing Shabbos as much as possible, we will discuss, with Hashem's help, at another opportunity whether this is our minhag] ↩
11 See Ketzos HaShulchan, siman 77, Badei HaShulchan, se'if katan 15, and in the notes printed at the end of part 3, regarding the conduct of the Rebbe Rashab. And the Rebbe Rayatz (Igros Kodesh, vol. 11, p. 228) writes: 'Thank G-d, every Shabbos Kodesh I say Chassidus at the time of Kabbalas Shabbos' ↩
12 Halichos U'Minhagei Shabbos Kodesh, chapter 4, p. 36, and in note 5, that the Rebbe established this and informed his secretary, Rabbi Chaim Mordechai Aizik Hodakov ↩
13 And see Orchos Menachem, Shabbos Kodesh, p. 30, note 46 ↩
14 Shlichus K'Halacha, p. 96 ↩
[7] (Halacha 1107)
In the previous halachos we saw that some have the practice to daven early; likewise we saw that as halacha one should not rely on the Krias Shema [recited] at the time of the early tefillah.
Question: What must one who davens early do in order to fulfill the obligation of Krias Shema in its time?
Answer: In the words of the poskim (some of which were brought in the previous halachos) we find several solutions for Krias Shema:
a) The Rosh1 wrote in the name of Rav Hai Gaon: 'And he answered: In Eretz Yisroel they do so: they daven Maariv and afterwards recite the Shema in its time, and they are not concerned about juxtaposing Geulah to the Maariv tefillah; and we see that Krias Shema in its proper time, that is, at tzeis hakochavim, is preferable to juxtaposing Geulah to tefillah, where it is not possible to daven [otherwise]. And if he davens the first [tefillah], with the congregation, as optional, and the second as obligatory, it is well'.
> Thus, according to the view of Rav Hai, [one who davens early for the sake of davening with a minyan] would do better not to say Krias Shema at the early tefillah, but rather only afterwards, at tzeis hakochavim, should he recite it with its brochos (even though he then does not juxtapose Geulah to tefillah), and it is preferable to daven the Shemoneh Esrei tefillah again.
The Rosh himself2 wrote this regarding the minhag of Rav, who would daven the tefillah of Leil Shabbos early: 'Rav davened [the tefillah] of Shabbos on Erev Shabbos from plag haMincha onward, and after tzeis hakochavim he would recite Krias Shema in its proper time; and even though he did not juxtapose Geulah to tefillah, since he intended for the mitzvah of adding from the mundane onto the holy, he was not concerned about the juxtaposition'.
> That is, the Rosh brought this option of reciting Krias Shema and its brochos at night with regard to Leil Shabbos, and the reason that he is not concerned about juxtaposing Geulah to tefillah is on account of the mitzvah of tosefes Shabbos.
b) Rashi3 brought the Yerushalmi that one who recites early in the shul has not fulfilled his obligation, and that the reason for the early recitation in the shul is in order to stand in tefillah out of words of Torah; and he wrote that 'it is incumbent upon us to recite it once it has become dark, and with the recitation of the first parsha that a person recites on his bed, he has fulfilled [his obligation]'.
> Thus, according to the view of Rashi, since one recites Krias Shema once more on the bed [even though this is without its brochos, nevertheless with this] one fulfills the obligation of Krias Shema.
c) Rabbeinu Yonah4 brought the aforementioned words of the Yerushalmi, and that one must recite it again at home, but he wrote: 'Every person must be careful regarding its recitation and not rely on the recitation that he recites on his bed, for several reasons. First, because the one on his bed he recites after eating and drinking, and the obligatory Krias Shema should initially be recited before eating, as we wrote above. Furthermore, since he thinks that the one on his bed is only to drive away the mazikin, as [stated] below (5a), at times he is not concerned and does not recite it. Furthermore, he does not intend to fulfill with it the obligation from the Torah, and mitzvos require intent .. And because of all these reasons, one must not rely on fulfilling the obligation with the one that is recited close to [going to] bed; and one must likewise not rely on the one in the shul. Rather, this is how the matter is: in the shul he should recite Krias Shema with its brochos and daven, and not intend to fulfill the obligation of Krias Shema with that recitation, but rather to stand in tefillah out of words of Torah, and he fulfills [the obligation of] reciting the brochos; and afterwards, when he is at home, before he eats, after tzeis hakochavim, he should recite it and intend to fulfill his obligation with it .. And Rav Amram z"l wrote that at the time he recites it he should make the bracha "asher kideshanu b'mitzvosav v'tzivanu likro Krias Shema"; and my teacher the Rav says that this is not correct, for we have not found this bracha anywhere, and therefore it seems to him more correct that he should say Ahavas Olam, which was instituted alongside it ..'. And he discussed the brochos at length.
> Thus, according to the view of Rabbeinu Yonah, one should not rely on Krias Shema on the bed, and one should recite Krias Shema again when its time arrives, with the bracha of Ahavas Olam.
d) Rabbeinu Yonah wrote an additional way: 'And one who wishes to be stringent with himself can act in another, more correct way: that in the shul he should recite Krias Shema and the brochos without the closing and opening, and daven with the congregation, and that tefillah he should daven as a voluntary offering, for indeed the limbs and fats of a voluntary olah are also offered all night; and afterwards, at home, he should recite Krias Shema after tzeis hakochavim with its brochos, with the openings and closings, and daven [it] as the obligatory [tefillah], and with this everything will be in order'.
> Thus we have seen four ways regarding Krias Shema for those who daven early.
As halacha, the Mechaber wrote5: 'And if he recited it before then, he goes back and recites it without brochos; and if the congregation recites Krias Shema early, while it is still day, he should recite Krias Shema and its brochos with them and daven with them, and when the time arrives, he recites Krias Shema without brochos'.
And the Rema wrote in the Hagah: 'However, he should not go back and daven at night, even though the congregation davens very much earlier than nightfall, unless he is accustomed to other [practices of] abstinence and piety, for then it does not appear as arrogance that he goes back and davens'6.
The Shelah wrote7: 'And a G-d-fearing person fulfills both: he should daven with the congregation, recite Krias Shema with its brochos and daven, and not separate from them; and afterwards, at tzeis hakochavim, he should recite Krias Shema from its beginning to its end, precisely and without a bracha. And this way is the choicest way of the three ways mentioned in the words of Rabbeinu Yonah at the beginning of Brochos. And since his intent is for the sake of Heaven, he should say, in both [cases]: For the sake of the unification of the Holy One, blessed be He, and His Shechinah, through that Hidden and Concealed One'.
> Thus, as halacha, the Mechaber wrote that one who davens early with the congregation should say the brochos of Krias Shema and recite Krias Shema with them, and recite Krias Shema once again at tzeis hakochavim, without brochos. In the next halacha we will see what the Acharonim wrote in explaining the words of the Mechaber, and the words of the Alter Rebbe.
--------------
Notes:
1 Brochos, chapter 1, siman 1 ↩
2 Brochos, chapter 4, siman 6 ↩
3 Brochos 2a ↩
4 Brochos 1a; brought in the Beis Yosef, Orach Chaim, siman 235 ↩
5 Shulchan Aruch, Orach Chaim, siman 235, se'if 1 ↩
6 In the Marei Mekomos, the Mordechai at the beginning of Brochos is also cited; but it should be noted that the Mordechai (from the Raavyah) did not write this regarding one who goes back and davens, but rather regarding the late tefillah itself. And see the Biur Halacha, s.v. U'miyhu lo yachzor ↩
7 Maseches Chullin, Perek Derech Chaim Tochachas Mussar ↩
[8] (Halacha 1108)
In the previous halacha we saw that the Mechaber wrote that one who davens early should recite Krias Shema with the congregation, and recite it again at night, at tzeis hakochavim.
Question: Which is the principal Krias Shema according to the Mechaber?
Answer: The Taz and the Magen Avraham disagree regarding the view of the Mechaber. The Taz1 wrote: 'Rabbeinu Yonah wrote that one who wishes to fulfill his obligation should recite Krias Shema with its brochos and daven, but should not intend to fulfill the obligation of Krias Shema with that recitation .. and after tzeis hakochavim he recites it and intends to fulfill his obligation .. But the approach written here in the Shulchan Aruch has no place, for if he wished to rule according to the approach of Rabbeinu Yonah, he should have mentioned here that in the shul one should intend not to fulfill his obligation with what he recites and davens there. It appears that the author of the Shulchan Aruch retracted from all the approaches mentioned in the Beis Yosef, and chose for himself this approach: that in the shul one recites and davens with intent to fulfill the obligation, and to be extra careful (lirvacha d'milsa) one recites it a second time, without a bracha, at tzeis hakochavim .. Therefore, it seems to my humble opinion that in truth, whoever is concerned to act in the best manner in this matter should recite Krias Shema on his bed and intend to fulfill his obligation with it, and not merely because of the mazikin; and he need recite only two parshiyos, since he already recited it and fulfilled his obligation in the shul, as the Beis Yosef wrote in the name of Rabbeinu Yonah according to his approach. This is more correct than the approach of the Shulchan Aruch, for with the approach of the Shulchan Aruch it is nearly certain that at the time of tzeis hakochavim he may forget to recite it, particularly since he has already recited it and fulfilled his obligation and needs only to repeat it to be extra careful, as written. This is not so at the time of lying down, when there is an impetus to recite it because of the mazikin, and in this a person is not apt to forget. So it seems to my humble opinion correct for anyone who wishes to fulfill it in the more careful manner. I later found in the sefer Mateh Moshe2 that the Maharshal recited all three parshiyos on his bed'.
However, the Magen Avraham3 wrote: 'And he recites it without brochos. He should not rely on the Krias Shema on his bed, firstly because he recites it after eating and drinking, and the obligatory Krias Shema should, l'chatchilah, be recited before eating; and furthermore, he does not intend to fulfill his obligation with it. See siman 60, se'if 4. Nevertheless, it suffices that he recite the first two parshiyos, since he mentioned the Exodus from Egypt in the shul (Talmidei Rabbeinu Yonah). The world has now adopted the practice according to Rabbeinu Tam, that one fulfills the obligation with the Krias Shema recited in the shul even though it is still somewhat daytime. But every person should be stringent for himself and recite the entire Krias Shema on his bed, or at least two parshiyos, and intend to fulfill his obligation with it. In the summer he should be careful to recite it after tzeis hakochavim, and even though he eats beforehand he fulfills his obligation, as Rashi wrote. See what is written in siman 267. The vasikin are accustomed to recite it immediately at tzeis hakochavim; see what is written in se'if 2'.
From the words of the Magen Avraham it appears that he explained the words of the Mechaber as holding that the principal fulfillment of the obligation is the Krias Shema at tzeis hakochavim, but he added that the world does not practice so; yet he concluded that every person should be stringent and intend to fulfill his obligation with the Krias Shema on the bed, and the vasikin are accustomed to recite it at tzeis hakochavim.
The Ma'amar Mordechai4 wrote likewise: 'It seems clear to me that the view of Maran z"l is that one does not fulfill his obligation with the Krias Shema that he recited in the shul while it was still day. For even regarding the Ma'ariv tefillah he ruled above in siman 233 that from plag hamincha until tzeis hakochavim it is day, and one should not daven Ma'ariv at that time except b'dieved or in a pressing situation, see there; but regarding Krias Shema, for which we require the time of lying down, one does not fulfill it even b'dieved, in accordance with the view of most poskim cited in the Beis Yosef (and furthermore, here it is different, since he does so regularly, we do not judge it as b'dieved). Therefore he required one to repeat it when it becomes dark in order to fulfill the obligation, and this is from the essential law, not merely to be extra careful, for otherwise he should have said "and it is good to recite it when the time arrives"'.
> Thus the Acharonim disagree regarding the view of the Mechaber as to whether the first Krias Shema is the principal one, or the Krias Shema after tzeis hakochavim; but in practice they wrote that one must recite it again, and that is the principal one5.
In the previous halacha we saw that some mentioned another option: to daven without reciting Krias Shema and the brochos of Krias Shema, and at night to recite the brochos of Krias Shema and Krias Shema.
The Magen Avraham6 wrote regarding one who is compelled, for the sake of a mitzvah, to daven the Motzei Shabbos tefillah early: 'Nevertheless, he should wait to recite Krias Shema until tzeis hakochavim, even though he does not juxtapose geulah to tefillah [Tur and Rambam]. See siman 235, that for us we recite Krias Shema before night [Darkei Moshe]; and according to what is written in siman 90, se'if 9, an individual should recite Krias Shema at night, and this is the principal view'.
The implication of his words is that he preferred the option (which we saw in Halacha 1107 in the words of the Rosh) of davening early but reciting Krias Shema with the brochos later (even though he will not juxtapose geulah to tefillah).
The Alter Rebbe, in the Shulchan Aruch, mentioned in two places both options: a) to recite Krias Shema again afterwards; b) to daven Ma'ariv without the brochos of Krias Shema and Krias Shema, and at tzeis hakochavim to recite Krias Shema7, as follows:
A. Regarding Friday night8 he wrote: 'One must also be careful to recite Krias Shema, as written in siman 235. He may also recite it at night with its brochos, and while it is still day daven only the Shabbos tefillah, without Krias Shema and its brochos; and although he does not juxtapose geulah to tefillah, this does not matter, since his intent is for the mitzvah of adding from the weekday onto the holy'.
B. Regarding Motzei Shabbos9 he wrote: 'Likewise, one must repeat Krias Shema at tzeis hakochavim when traveling on the road, and he does not fulfill his obligation with what he recited while it was still day, even though with Havdalah he does fulfill his obligation and need not repeat Havdalah even if a cup becomes available to him on the road. If he wishes, he may daven the Shemoneh Esrei alone while it is still day, without Krias Shema and its brochos, and when it becomes dark for him on the road he recites Krias Shema with its brochos; and although he does not juxtapose geulah to tefillah, there is no concern, since his intent is for a matter of mitzvah'.
[In the Kuntres Acharon there, the Alter Rebbe questions the Magen Avraham, who wrote that the principal halacha is to wait and recite Krias Shema with the brochos afterwards at night: why did he not write the option of reciting Krias Shema early with the brochos and only repeating Krias Shema, even though he wrote so in siman 267].
> Thus we have seen the various options, and that the poskim held that when one recites Krias Shema twice, the principal one is the Krias Shema he recites at night, and with it he fulfills his obligation. In the next halacha we will see the laws that follow from this being the principal Krias Shema.
Notes:
1 Orach Chaim siman 235, s"k 2 ↩
2 Siman 390 ↩
3 Ibid., s"k 2 ↩
4 Ibid., s"k 2 ↩
5 For although the Taz wrote, regarding the view of the Mechaber, that the principal Krias Shema is the first, in practice he holds that the latter is the principal one; and as mentioned above, the Magen Avraham and other Acharonim disagreed with him even regarding the view of the Mechaber. In practice, this also appears to be the view of the Alter Rebbe, cited below ↩
6 Siman 293, s"k 5 ↩
7 In these two cases the Alter Rebbe wrote that since his intent is for a matter of mitzvah, there is no concern that he does not juxtapose geulah to tefillah. Regarding one who davens early in order to daven with a minyan, since siman 235 of the Alter Rebbe's Shulchan Aruch has not reached us, it is difficult to know his view: whether there too he holds that (since he davens early for the sake of a minyan) there is the option of only davening with them and afterwards reciting the brochos and Krias Shema (as mentioned above in the words of the Rosh in the name of Rav Hai Gaon; see also what Rabbeinu Yonah wrote: '..here too, even though he does not juxtapose geulah to tefillah, since he davens with the congregation it is permitted'), or whether there, halachically, he has only the option of reciting it again later without brochos, for the Magen Avraham in siman 235, s"k 2, also mentioned only reciting Krias Shema again ↩
8 Siman 267, se'if 2 ↩
9 Siman 293, se'if 2 ↩
[9] (Halacha 1109)
In the previous halacha we saw that one who davens Ma'ariv before tzeis hakochavim must recite Krias Shema again.
Question: a) Is it permitted to eat before the additional recitation? b) May one rely on the Krias Shema recited before going to sleep?
Answer: a) In the previous halachos we saw the words of Rashi, who wrote: 'And with the recitation of the first parsha that a person recites on his bed, he has fulfilled his obligation'.
However, Rabbeinu Yonah1 wrote: 'He should not rely on the recitation that he recites on his bed, for several reasons: First - because the one on his bed he recites after eating and drinking, and the obligatory Krias Shema should, l'chatchilah, be recited before eating, as we wrote above. Furthermore - since he thinks that the one on his bed is only to drive away the mazikin, as below, at times he is not concerned and does not recite it. Furthermore - he does not intend to fulfill his Torah obligation with it, and mitzvos require intent .. Furthermore - even without this intent, one requires intent of the heart to accept upon himself the yoke of the Kingdom of Heaven with awe, and with the one on his bed he does not have this in mind. Furthermore - the obligatory Krias Shema must be said with a bracha, and one must recite at least the first two parshiyos, which contain the yoke of the Kingdom of Heaven and the yoke of the mitzvos, whereas the Krias Shema on the bed is said without a bracha and only the first parsha is said. For all these reasons one must not rely on fulfilling the obligation with the one recited close to going to bed, and one must likewise not rely on the one in the shul'.
> Thus the Rishonim disagree whether one may rely on the Krias Shema before sleep, or whether one must make sure to recite it again at tzeis hakochavim.
In explaining the view that one may rely on the Krias Shema on the bed and eat beforehand, the Beis Yosef2 wrote regarding one who davens early on Friday night: 'And if you will ask: even though he may eat immediately and fulfill the Shabbos seudah, nevertheless there should be a prohibition to eat before reciting Krias Shema, as we say at the beginning of Brochos: one should not say "I will go home and eat a little and drink a little, and afterwards I will recite Krias Shema." One can answer that since there are great authorities who rule that from plag hamincha onward is the time of Krias Shema, as the Rosh wrote at the beginning of Brochos — even though, because there are those who hold that its time is not until tzeis hakochavim, he repeats it once it becomes dark — nevertheless it is not considered eating before Krias Shema. So it seems to me'.
The Divrei Chamudos3 wrote: 'To me this is a great strain, all the more so according to what our master wrote above, that after tzeis hakochavim he would recite Krias Shema in its proper time and would not juxtapose geulah to tefillah; we learn from this that he said it with the brochos at night and did not recite Krias Shema at all beforehand. Therefore it seems to me that indeed even on Shabbosos and Yamim Tovim there is a prohibition against eating before Krias Shema. However, the prohibition on account of Krias Shema, I already wrote in the first chapter, se'if 44, in the name of the Beis Yosef himself, applies only within about half an hour beforehand, as they said regarding the Mincha tefillah. Accordingly, whoever accepted Shabbos upon himself before this half hour may eat, even though he is careful and recites Krias Shema at tzeis hakochavim to fulfill the obligation of Krias Shema in its time. It is with reference to this that our master wrote in the chapter Arvei Pesachim that it is permitted; and the purpose there was to exclude the matzah of Pesach nights, and he was not dealing there with the matter of the prohibition related to the time of Krias Shema. Rather, since one may eat on Shabbosos and Yamim Tovim even before it becomes dark, it rightly teaches there regarding Erev Pesach "until it becomes dark," which is not so on Shabbosos and Yamim Tovim, for there one finds that he eats even before it becomes dark, namely when he accepted Shabbos and begins eating before the half hour preceding tzeis hakochavim'.
> Thus, according to the Beis Yosef it is permitted to eat before the second Krias Shema, but the Divrei Chamudos wrote to prohibit it unless one began eating while it was permitted — that is, more than half an hour before tzeis hakochavim.
b) In the previous halacha we saw that the Taz and the Magen Avraham disagreed in understanding the words of the Mechaber, and so too they disagreed in practical halacha as to whether it is preferable to fulfill the obligation with the Krias Shema on the bed, or whether it is preferable to recite it again immediately at tzeis hakochavim.
The Taz4 wrote: 'We should have instituted that one indeed recite three parshiyos before going to bed, and then there would be no difficulty at all from what Tosafos asked on Rashi, only the difficulty that we recite it without brochos, and the difficulty that we act according to Rabbi Yehoshua ben Levi, and this is not resolved even according to the approach of the Shulchan Aruch. One cannot say that with the approach I mentioned there is a concern lest he eat and drink and sleep and miss Krias Shema, as we say that one should not say "I will eat a little," etc.; this is not so, for if so Tosafos should have raised this difficulty on Rashi's explanation; rather, certainly in this there is no concern, as I wrote with the help of Hashem. Therefore, it seems to my humble opinion that in truth, whoever is concerned to act in the best manner in this matter should recite Krias Shema on his bed and intend to fulfill his obligation with it, and not merely because of the mazikin, and he need recite only two parshiyos, since he already recited it and fulfilled his obligation5 in the shul, as the Beis Yosef wrote in the name of Rabbeinu Yonah according to his approach. This is more correct than the approach of the Shulchan Aruch, for with the approach of the Shulchan Aruch it is nearly certain that at the time of tzeis hakochavim he may forget to recite it, particularly since he has already recited it and fulfilled his obligation and needs only to repeat it to be extra careful, as written; this is not so at the time of lying down, when there is an impetus to recite it because of the mazikin, and in this a person is not apt to forget. So it seems to my humble opinion correct for anyone who wishes to fulfill it in the more careful manner'.
However, the Magen Avraham6 wrote: 'The world has now adopted the practice according to Rabbeinu Tam, that one fulfills the obligation with the Krias Shema recited in the shul even though it is still somewhat daytime. But every person should be stringent for himself and recite the entire Krias Shema on his bed, or at least two parshiyos, and intend to fulfill his obligation with it. In the summer he should be careful to recite it after tzeis hakochavim, and even though he eats beforehand he fulfills his obligation, as Rashi wrote; see what is written in siman 267. The vasikin are accustomed to recite it immediately at tzeis hakochavim'.
In Hilchos Shabbos7 he wrote: 'In any event, those who are accustomed to daven Ma'ariv on Erev Shabbos while it is still day, nevertheless, when half an hour before the time of Krias Shema arrives, they are prohibited from beginning to eat, for they have not fulfilled their obligation at all with the daytime Krias Shema'.
> Thus we have seen that the Taz and the Magen Avraham wrote that it is proper to intend to fulfill the obligation with the Krias Shema on the bed, and with this there is no concern about eating before Krias Shema8. However, the Taz held that this solution is the better solution, while the Magen Avraham held that it is preferable to recite it at tzeis hakochavim and not to wait for the Krias Shema on the bed. In the next halacha we will see the words of the Alter Rebbe.
Notes:
1 1a in the pages of the Rif ↩
2 Orach Chaim siman 267 ↩
3 Brochos, chapter 4, siman 6 ↩
4 Orach Chaim siman 235, s"k 2 ↩
5 In several printings, in place of the words 'and fulfilled his obligation', it is written: 'the Exodus from Egypt' ↩
6 Ibid., s"k 2 ↩
7 Siman 267, s"k 2 ↩
8 However, in siman 267 he wrote regarding those who daven early on Friday night that they are prohibited from eating; in the next halacha we will see what the Alter Rebbe explained in this matter ↩
[10] (Halacha 1110)
In the previous halacha we saw the words of the poskim regarding one who davens Ma'ariv early, that he must recite Krias Shema again; and the poskim disagreed as to which Krias Shema is preferable (whether to recite it again at tzeis hakochavim, or to accustom oneself to have intent with the Krias Shema on the bed), and likewise whether he is permitted to eat before the Krias Shema.
Question: What is the view of the Alter Rebbe on these laws?
Answer: These laws are principally in Shulchan Aruch Orach Chaim siman 235, and since we have not merited this siman in the Alter Rebbe's Shulchan Aruch, it is difficult to know clearly what is preferable in his view1. However, from his words below it appears that one who always davens early may accustom himself to have intent with the Krias Shema on the bed, and then he may also eat, as the Taz explained, as follows:
In the laws of bringing in Shabbos, the Alter Rebbe2 wrote: '(One who davens Ma'ariv in its proper time all the weekdays, and on Erev Shabbos davens while it is still day), (even though he also recited Krias Shema), is prohibited from beginning to eat within about half an hour of tzeis hakochavim (unless it is a pressing situation) (that the candles will go out before night), as written in siman 235 (for he has not fulfilled his obligation at all with the Krias Shema he recited while it was still day)'.
He explained his words in the Kuntres Acharon3: 'One who davens, etc. This excludes the masses who daven while it is still day all week and do not repeat two parshiyos at night, as the Magen Avraham wrote in siman 235; and even those who are stringent to recite two parshiyos on their bed eat while it is still day, as the Magen Avraham wrote there, because they rely on the view of Rashi, and Rashi's reasoning is explained in the Taz there, s"k 3. This applies only to one who is always accustomed to intend to fulfill his obligation with the Krias Shema on his bed, reciting two parshiyos; but one who davens all week at tzeis hakochavim, who does not intend to fulfill his obligation with the Krias Shema on the bed, is prohibited from eating on Erev Shabbos before the Krias Shema immediately at tzeis hakochavim. This is what the Magen Avraham intended here. The same applies to the vasikin, whom the Magen Avraham there wrote are accustomed to recite it at tzeis hakochavim all week; they too must be careful on Erev Shabbos'.
He wrote likewise in the laws of Sefiras HaOmer4: 'And if his practice is to daven Ma'ariv while it is still day and to recite all three parshiyos on his bed, even though he is permitted to eat before the Krias Shema on the bed, as explained in siman 235'.
That is, the Alter Rebbe distinguished between one who is accustomed to daven Ma'ariv early and relies on the Krias Shema on the bed (who is then permitted to eat, since he will recite it again on his bed and he is accustomed to rely on this recitation for the mitzvah of Krias Shema), and one who is accustomed to daven Ma'ariv after tzeis hakochavim and now davened early, or who is accustomed to daven early and to recite it again immediately at tzeis hakochavim5, who is then prohibited from beginning to eat within half an hour before tzeis hakochavim.
> Thus, in practice, it is prohibited to eat within half an hour before tzeis hakochavim even when one recited Krias Shema in the early tefillah. Therefore it is important that even those who daven early on Erev Shabbos not begin the seudah within the half hour before tzeis hakochavim [unless it is one who always davens early and intends to fulfill his obligation with the Krias Shema on the bed].
Question: What is the halacha regarding a person who began eating within the half hour before tzeis hakochavim?
Answer: The Mechaber6 wrote: 'It is prohibited to begin eating within half an hour of the time of the Krias Shema of Ma'ariv; and if he began eating after its time arrived, he interrupts and recites Krias Shema without its brochos, and finishes his seudah, and afterwards recites it with its brochos and davens'.
On this the Alter Rebbe7 wrote: 'For in siman 235, se'if 2, it is implied that within the half hour is called beginning while it was permitted, unlike the implication of the Ran there'.
He wrote likewise in siman 70, se'if 5, in the source references of the first printing8, that the implication of the Mechaber in the Shulchan Aruch is that only if he began once the time arrived must he interrupt; but if he began before the time arrived (even though he began at a time when it is prohibited to begin), he need not interrupt.
> Thus the Alter Rebbe explained that according to the Mechaber9, one who began eating within the half hour is considered to have begun while it was permitted, and need not interrupt.
However, the Alter Rebbe himself disagrees and holds that this is considered having begun while it was prohibited, as he notes in the source references there, to the views that disagree with the view of the Mechaber: 'Ran, Rema end of siman 652, Magen Avraham siman 431'.
Accordingly he wrote there, in these words: 'When is this said? When he began while it was prohibited, that is, he began eating within half an hour of alos hashachar'.
Similarly he wrote regarding bedikas chametz10: 'Even if he was engaged in one of all these activities before the time of the search arrived, he must interrupt when its time arrives, even if he was engaged in it while it was permitted, that is, he began to engage in it before the half hour preceding tzeis hakochavim11'.
> Thus, when one began eating more than half an hour before tzeis hakochavim, he may continue eating, and should recite Krias Shema at the conclusion of his meal. But if he began eating within the half hour before tzeis hakochavim, he must [at tzeis hakochavim12] stop eating and recite Krias Shema, [unless he is among those who are always accustomed to rely on, and have intent with, the Krias Shema on the bed].
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Notes:
1 There are two more places where the Alter Rebbe mentioned this matter: *a)* In siman 293:2 he wrote: *'tzeis hakochavim'*, but it is possible that this is because there it speaks of one traveling on the road, who will not recite the Krias Shema on the bed. *b)* In siman 481:2 he wrote: 'If, when he recited Krias Shema in the shul, it was not yet actually night, *he must repeat and recite all three parshiyos on his bed*, as explained in siman 235, see there'. However, there it speaks of one who recites it on the bed, and therefore he mentioned that if he did not recite it, he should recite it on his bed ↩
2 Siman 267, se'if 4 ↩
3 S"k 1 ↩
4 Siman 489, se'if 17 ↩
5 See also the words of the Alter Rebbe, siman 293, Kuntres Acharon s"k 1 ↩
6 Siman 235, se'if 2 ↩
7 Siman 431, Kuntres Acharon 1 ↩
8 In the new edition of the Shulchan Aruch, os 44 ↩
9 However, the Pri Megadim in Eshel Avraham s"k 4 explained the words of the Mechaber: 'half an hour before is called "arrived"' ↩
10 Siman 431, se'if 6 ↩
11 See siman 489, se'if 17, where the Alter Rebbe decided regarding Sefiras HaOmer that if one began within the half hour before the counting he need not interrupt; and see what the Divrei Nechemiah wrote to explain this in his glosses there ↩
12 The Pri Megadim, Orach Chaim siman 235, Eshel Avraham s"k 4, wrote that if one began eating while it was prohibited, he must interrupt even within the half hour before tzeis hakochavim, even though he cannot yet recite it, and he should wait until tzeis hakochavim and recite it. The Mishnah Berurah wrote likewise in siman 70, s"k 24. However, in siman 235, in the Sha'ar HaTziyun os 27, he wrote that from the words of the Rosh it is proven unlike his words, and even when one began while it was prohibited, he need not interrupt until tzeis hakochavim; and so wrote HaGaon Rav Chaim Na'eh in Ketzos HaShulchan siman 27, se'if 2 ↩
[11] (Halacha 1111)
In the previous halachos we saw that one who davens Ma'ariv before tzeis hakochavim must recite Krias Shema again after tzeis hakochavim in order to fulfill the obligation of the mitzvah of Krias Shema.
Question: Which parshiyos must one repeat and recite again1?
Answer: The Ra'ah2 wrote: 'Nevertheless it is difficult for us: how do we recite Krias Shema with its brochos while it is still day? One can say that even though the halacha certainly follows the Rabbanan of our Mishnah, since the brochos of Krias Shema are rabbinic, and Krias Shema itself is rabbinic except for the first pasuk, as is stated explicitly below, and even the parsha of tzitzis, in which the Exodus from Egypt is written, is rabbinic, as is stated below; and it is a matter involving hardship and danger for the congregation in many places to stand at night in the shul; and if they do not recite it when they are gathered, there are amei ha'aretz and many people who are not as careful as they should be, and they will come to forget and not recite it, and Krias Shema with its brochos will be neglected — therefore they followed the lenient view, since every person recites the first pasuk on his bed, which is from the Torah, and he recites it in its proper time'.
His student the Ritva3 wrote likewise: 'Since every Jew recites the first pasuk on his bed, which is from the Torah, and he recites it in its proper time and fulfills his obligation with it'.
However, Rashi4 wrote: *'And with the recitation of the first parsha that a person recites on his bed, he has fulfilled his obligation'5.
However, Tosafos there questioned Rashi's words: 'This is puzzling according to his explanation, for the world is not accustomed to recite close to lying down anything but the first parsha6, and if so, he should have had to recite three parshiyos'.
Rabbeinu Yonah7 wrote: 'When he is at home, before he eats, after tzeis hakochavim, he should recite it and intend to fulfill his obligation with it, and recite all of it with awe and with intent of the heart. And if he wishes to recite only the two parshiyos, that suffices for him. Although we say in the Yerushalmi that one must mention the Exodus from Egypt in its time, which implies that one must say the third parsha, which contains the Exodus from Egypt, at the time he recites it for the obligation, nevertheless, since he mentioned the Exodus from Egypt in the brochos at the time he recited it in the shul, we do not require him to mention it another time .. since we learned8 the remembrance of the Exodus from Egypt at night only from the inclusion of "all the days of your life," and night is not written there explicitly, but we expound it only from the superfluous word "all," we are not concerned if we do not say it at actual night; for since it is night with regard to the Ma'ariv tefillah, it is night for mentioning the Exodus from Egypt'.
> Thus we have seen that some Rishonim wrote that one relies on the first pasuk recited in the Krias Shema on the bed; some wrote that one relies on the first parsha; some held two parshiyos; and some wrote that if one fulfills the obligation with it, all three parshiyos are required.
Halachically, the Taz9 wrote: 'And he need recite only two parshiyos, since he already recited it and fulfilled his obligation in the shul, as the Beis Yosef wrote in the name of Rabbeinu Yonah according to his approach .. I later found in the sefer Mateh Moshe that the Maharshal recited all three parshiyos on his bed'10.
The Magen Avraham11 wrote: 'Every person should be stringent for himself and recite the entire Krias Shema on his bed, or at least two parshiyos, and intend to fulfill his obligation with it'.
In the laws of the Seder night12 he wrote: 'It seems to me that if he recited Krias Shema in the shul while it was day, he must recite the entire Krias Shema at night in order to fulfill his obligation, as written in siman 235'.
Rav Avraham Pinmentil, too, in his sefer Minchas Kohen13, elaborated at length to establish that one should recite all three parshiyos.
The Alter Rebbe14 wrote likewise: 'If, when he recited Krias Shema in the shul, it was not yet actually night, he must repeat and recite all three parshiyos on his bed, as explained in siman 235, see there'.
In the laws of Sefiras HaOmer15 he wrote: 'And if his practice is to daven Ma'ariv while it is still day and to recite all three parshiyos on his bed, even though he is permitted to eat before the Krias Shema on the bed, as explained in siman 235'.
> Thus, halachically, some wrote that it suffices to recite two parshiyos, and that with regard to the third parsha, of the Exodus from Egypt, he fulfilled it with the early recitation; but some wrote — and this is the view of the Alter Rebbe — that one must recite all three parshiyos. [In the halacha we will see the reasons for this, and whether one must complete the 248 words].
Notes:
1 This question is dependent upon, and also teaches us, what the Torah obligation of Krias Shema is; but what follows concerns only the words of the poskim as to which parshiyos one should recite when reciting it again, for even among those who hold that part of what we say is rabbinic, some wrote to recite it, as follows ↩
2 Brochos 5a ↩
3 Brochos 3a ↩
4 Brochos 2a ↩
5 See the Rashba there: 'And the reason we recite only the first parsha is because it is from the Torah; but as for that which is of their words, since he recited it in the shul they did not obligate him further to repeat and recite it. Our practice certainly appears to be the one held in our hands, coming from the early fathers, and it is what they said in the Yerushalmi'. And see what the Pri Chadash, Orach Chaim siman 67, discussed regarding his words ↩
6 Brochos 60b ↩
7 Brochos 1a in the pages of the Rif ↩
8 Brochos 12b ↩
9 Siman 235, s"k 2 ↩
10 In the next halacha we will see, regarding the practice of the Maharshal, the proof for our case for those who recite it at tzeis hakochavim and do not wait for the Krias Shema on the bed ↩
11 Siman 235, s"k 2 ↩
12 Siman 481, s"k 2 ↩
13 Mevo HaShemesh, Ma'amar 2, chapter 14. We will see his words in the next halacha ↩
14 Siman 481, se'if 2 ↩
15 Siman 489, se'if 17 ↩
[12] (Halacha 1113)
In the previous halacha we saw that many poskim wrote that a person who davens Ma'ariv early and afterwards recites Krias Shema again should say all three parshiyos.
Question: What is the reason for saying all three parshiyos?
Answer: The author of the Minchas Kohen1 wrote: 'It seems to me that one must recite all three of them, for even though there is no Torah obligation to recite at the time of lying down and the time of rising except the first two parshiyos, nevertheless it is a mitzvah to remember the Exodus from Egypt at night .. Accordingly, one must repeat and recite, once it becomes dark, the parsha of tzitzis, in which the Exodus from Egypt is written, for with what he mentioned while it was still day it appears that he did not fulfill his obligation, since it was not yet night. It is indeed true that if, in place of the parsha of tzitzis, he recites another parsha that speaks of the Exodus from Egypt, he fulfills his obligation; but why should he not recite the parsha of tzitzis, which contains the remembrance of the Exodus from Egypt, and recite Krias Shema as it was instituted? So it seems to me. However, I saw in the words of Rabbeinu Yonah that he wrote that if one recited Krias Shema and its brochos while it was still day, he need not repeat and say the parsha of tzitzis after tzeis hakochavim. These are the words of the Rav at the beginning of Brochos: One who recited Krias Shema and its brochos while it was still day recites it after tzeis hakochavim and intends to fulfill his obligation with it; and if he wishes to recite only the two parshiyos, that suffices, for since he mentioned the Exodus from Egypt when he recited it in the shul, we do not require him to mention it another time, etc. And although we say in the Yerushalmi that one must mention the Exodus from Egypt in its time, which implies that one must say the third parsha at the time he recites it for the obligation, nevertheless, since he mentions the Exodus from Egypt in the brochos at the time he recites it in the shul, we do not require him to mention it another time, since we learned the remembrance of the Exodus from Egypt at night only from the inclusion of "all the days of your life," and night is not written there explicitly; therefore we are not concerned if we do not say it at actual night, for since it is night with regard to the Ma'ariv tefillah .. it is also night for mentioning the Exodus from Egypt. End of his words. Accordingly, if he recited Krias Shema with its brochos from plag hamincha onward, he need repeat and recite only two parshiyos once it becomes dark. So it also appears from the words of Rashi z"l .. who wrote at the beginning of Brochos .. and with the first parsha that a person recites on his bed, he has fulfilled his obligation. And it is difficult: granted that he fulfills his obligation with the first parsha because the Rav holds that only the first parsha is from the Torah, nevertheless it is a mitzvah to mention the Exodus from Egypt at night, and if he does not recite the parsha of tzitzis he does not fulfill his obligation. Rather, it appears that he holds like Rabbeinu Yonah, that even though before tzeis hakochavim one does not fulfill the obligation of Krias Shema, nevertheless one fulfills the remembrance of the Exodus from Egypt even while it is still day, just as one fulfills his obligation with the Ma'ariv tefillah .. And what they said in the Gemara, that Rabbeinu HaKadosh would seek to teach his students a teaching containing the remembrance of the Exodus from Egypt in order to mention the Exodus from Egypt at the time of Krias Shema, one can say according to this view that this applies only by day, because "all the days of your life" is written explicitly (and granted that at whatever hour of the day one remembers the Exodus from Egypt he fulfills his Torah obligation, since there is no fixed time for it, as I wrote above, nevertheless, for the choicest fulfillment of the mitzvah, he would seek to mention the Exodus from Egypt in its time); but at night, where we derive the Exodus from Egypt from the inclusion of "all," one need not mention the Exodus from Egypt at the time of Krias Shema, but even while it is still day one fulfills the obligation. However, it seems to me that at night too it is proper, l'chatchilah, to recite the three parshiyos once it becomes dark .. in order to mention the Exodus from Egypt in its time, just as Rabbi Yehudah HaNasi would do, who would seek to mention the Exodus from Egypt in the morning at the time of Krias Shema, even though all day long he would fulfill his obligation. And even though we derive the Exodus from Egypt at night only from the inclusion of "all," nevertheless for the choicest fulfillment of the mitzvah it is proper to mention it at the time of Krias Shema, and before tzeis hakochavim is not the time of Krias Shema at all. Furthermore, in the Yerushalmi they said without qualification that one must mention the Exodus from Egypt in its time, which implies both by day and by night. And besides this, the Rashba wrote in a responsum, siman 320, that whoever recites Krias Shema in order to fulfill his obligation with it must recite all of it, as it was originally instituted, even though in his view only the first pasuk is from the Torah. And although Rashi wrote that one parsha that a person recites on his bed suffices, Tosafos already wrote on him that if one fulfills the obligation with the Krias Shema on the bed, one must recite the three parshiyos; and it appears that the reason for this is as the Rashba wrote, that whoever recites Shema to fulfill his Torah obligation with it must recite all of it, even though only one pasuk or one parsha is from the Torah. Therefore it seems to me that it is proper, l'chatchilah, to repeat and recite the three parshiyos, as we wrote'.
The Sha'agas Aryeh2 wrote: '.. Therefore the matter is clear that a person is obligated to mention the Exodus from Egypt at definite night, and even if he mentioned it during bein hashmashos he has not fulfilled his obligation, for bein hashmashos is a doubt, and we hold that a doubt in a Torah law is treated stringently, as I wrote'.
> Thus it is explained in the Acharonim that one must recite all three parshiyos in order also to fulfill the mitzvah of remembering the Exodus from Egypt [although there are additional ways to fulfill this].
Question: Must one add another three words in order to complete 248 words?
Answer: We saw the words of the Taz, who cited from the Mateh Moshe the practice of the Maharshal to say all three parshiyos, and we will see below that these words were said with regard to mentioning 248 words. For the Mateh Moshe3 wrote regarding the Krias Shema on the bed, in these words: 'The Kol Bo4 wrote that some recite the entire Krias Shema, which contains 248 words corresponding to the 248 limbs of a person, that Hashem should guard them in the merit of the recitation; and so was the practice of my teacher, the Maharshal z"l'. From his words it appears that the reason the Maharshal was particular to say all three parshiyos in the Krias Shema on the bed was on account of protection — in order to complete 248 words. [However, there it speaks of the Krias Shema on the bed, which is recited for protection; and indeed, as we saw, according to the Taz one must rely on, and intend with, the Krias Shema on the bed to fulfill the obligation of Krias Shema. But the question here also concerns a person who recites it at tzeis hakochavim because he recited Krias Shema early: must he add three words to complete 248?]
The Divrei Chamudos5 [cited by the Eliyah Rabbah6] wrote regarding our case: 'It seems to me that he should begin by saying Keil Melech Ne'eman, Shema, etc., as below in se'if 73'7.
The Rebbe8 writes: 'Regarding what was written in the aforementioned letter concerning Krias Shema, in completing the number of 248 words, and particularly at the conclusion, in what was written on this matter regarding the Krias Shema on the bed, where it seems there was an inaccuracy, I hasten to correct this, based on what I found in my notes, which was also copied in "Hayom Yom," the 28th of Adar I. These are its words: In the Krias Shema on the bed, at the conclusion of the three parshiyos, one says the word "Emes." And there, on the 17th of Iyar: In the Krias Shema that some say in the morning — before the tefillah — in order to fulfill the obligation of Krias Shema in its time, one likewise repeats the three words and concludes with the word Emes. In the Krias Shema of Rabbeinu Tam's tefillin and of Shimusha Rabbah one does not repeat, but one does say "Emes." End of quote. — And what was written regarding the Krias Shema on the bed, that one also says the word Emes, comes to negate what some explain regarding what is written in the Siddur of the Alter Rebbe for the Krias Shema on the bed, "Shema Yisrael until the end of all three parshiyos," as coming to exclude the word "Emes" — the explanation is not so; rather, his intent is that one should say all three parshiyos. Regarding completing 248 words in the Krias Shema on the bed, I have not heard explicitly, but it seems that Anash are accustomed as written in the Sha'ar HaKollel on the Siddur, chapter 36, s"k 4 — to repeat the words אני ה' אלקיכם ("I am Hashem your G-d")'.
> Thus we have seen that it is proper to say the completion to 248 words when reciting it to fulfill the obligation, and if so, the same applies to one who recites Krias Shema at night to fulfill the obligation9; and in practice, our minhag is to complete the 248 words in the Krias Shema on the bed always.
Notes:
1 Mevo HaShemesh, Ma'amar 2, chapter 14 ↩
2 (Yeshanos) Responsa, siman 8 ↩
3 Siman 390 ↩
4 Siman 9 ↩
5 Brochos, chapter 1, siman 1, os 5 ↩
6 Orach Chaim siman 235, s"k 2 ↩
7 This requires further study as to his view regarding the actual saying of the third parsha, for before this he cited the Rashba, who wrote that one may suffice with two parshiyos; and if so, in such a situation he will in any case not have 248 words ↩
8 Igros Kodesh vol. 16, p. 294 ↩
9 Accordingly, one could perhaps say that the reason for reciting all three parshiyos is not for the mention of the Exodus from Egypt, but in order to say 248 words ↩
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