11 - The Times of Keriat Shema and Shacharit

[15]. There are those who wish to say that the Ashkenazic custom follows the Gra, and that Sephardim practice like the Magen Avraham. Indeed, the Chida writes that where he lived the people were accustomed to follow the Magen Avraham and, in contrast, the Igrot Moshe, Orach Chaim 1:24 writes that in Lithuania they practiced like the Gra also regarding Keriat Shema. However, the Yalkut Yosef 58:3; 89:6 writes that the Sephardic minhag is not necessarily like the Magen Avraham. Additionally, in Ashkenaz, many were stringent l’chatchilah concerning Keriat Shema and practiced like the Magen Avraham (Mishnah Berurah 58:4).

[16]. The explanation that the time of Shacharit lasts b’dieved until chatzot is brought by the Beit Yosef, and that is the opinion of the majority of poskim. However, some say that Rabbi Yehudah does not accept the Chachamim’s opinion and “after four hours” is the time of tashlumim (reciting a prayer that was missed). If so, whoever purposely did not pray during the first four hours may not pray tashlumim, in accord with the opinion of the Ra’avan, Pri Chadash, and the Gra. The Mishnah Berurah 89:6 is apprehensive about this, and therefore writes that one who intentionally did not pray during the first four hours of the day may pray until chatzot as a voluntary prayer (tefillat nedavah). (The Rashba is more stringent and writes in his responsa that after four hours one may not pray at all.)Concerning the half hour after chatzot, see Beirur Halachah, Berachot, the beginning of chapter 4. According to the Beit Yosef and the Rama 89:1, it is forbidden to pray Shacharit in that half-hour. However, since some maintain that it is permitted to pray Shacharit at that time, if one mistakenly prayed, he does not recite tashlumim (Mishnah Berurah 89:7).

[17].The Shulchan Aruch rules like the Rosh and the Tur who maintain that the time of Birkot Keriat Shema only lasts for four hours. So write the Ben Ish Chai, Va’era 5 and Rav Eliyahu in his siddur. That is also the opinion of the Yalkut Yosef 58:6, as discussed at length. The Mishnah Berurah supports his words on the opinion of the Rambam and the Pri Chadash who maintain that Birkot Keriat Shema may be recited the whole day, and the opinion of the Mishkenot Yaakov 77 who says that the law concerning them is like the law regarding the Amidah, that b’dieved they can be recited until noon. The Maharil writes that this is the custom (Ashkenaz). The Bei’ur Halachah deduces that in a case in which a person did not recite them due to circumstances beyond his control, he may recite them until chatzot. Although many Ashkenazic poskim rule stringently like the Shulchan Aruch, among them the Graz and the Chayei Adam, nevertheless many Ashkenazim also rely on the Mishnah Berurah, as written in Halichot Shlomo 7:15 and Ishei Yisrael 18:7.Yalkut Yosef  58:6 writes that concerning the matter of Birkot Keriat Shema it is permissible to practice like the Gra. Although this is a case of doubt regarding berachot and presumably it would be proper to refrain from reciting them during a time that is controversial, in accordance with the rule that states that when there is uncertainty concerning a matter of berachot, we are lenient (safek berachot l’hakel), nevertheless, since some poskim maintain that the time of Birkot Keriat Shema lasts the whole day and others say until chatzot, therefore one may at least be lenient to recite them until four hours like the Gra rules.

[18].According to the majority of poskim, only the recital of the first verse is a biblical obligation and therefore the Beit Yosef and the Rama section 46:9 write that it is good to say the first verse of Shema in the Korbanot passages so as to fulfill one’s obligation of Keriat Shema with its recital. The Mishnah Berurah 46:31 writes that some say the whole first paragraph must be recited, while others say the first two paragraphs (because according to the Pri Chadash both are biblical obligations). Ideally a person should recite all three paragraphs, because according to the Pri Chadash it is good to fulfill one’s obligation of remembering the Exodus during the time that one recites Keriat Shema.

However, according to the Gra, based on the Ra’ah, it is not proper to fulfill one’s obligation of reciting Keriat Shema without its blessings. Nevertheless, in this case, in order to fulfill the obligation of reciting it within Magen Avraham’s time frame, it is better to recite it earlier by itself (Bei’ur Halachah 46:9, s.v. “V’Yotzeh”). Whoever sees that the congregation is going to miss the time of Keriat Shema according to the Magen Avraham by a few minutes, Shut Binyan Olam, Orach Chaim 4, writes that he may say it earlier with its berachot and wait at “Shirah Chadashah” for the congregation, thereby meriting the recital of Keriat Shema with its berachot within the time of the Magen Avraham, as well as prayer in a minyan.

Rabbi Akiva Eiger writes that a person who is uncertain as to whether he will succeed in reciting Keriat Shema with its berachot according to the time of the Magen Avraham must recite it before then with a stipulation that if the halachah is like the Gra’s approach or if the congregation ends up reciting Keriat Shema on time, he does not intend to fulfill his obligation with that recital, and will instead fulfill his obligation with the Shema that he will recite together with its berachot. However, Da’at Torah and Oneg Yom Tov 3 write that a stipulation cannot be effective for a biblical commandment. Indeed, the Acharonim are in disagreement regarding this. Most poskim mention in practice the advice given by Rabbi Akiva Eiger, as written in Yalkut Yosef 58:5 and Ishei Yisrael 18:18.

[19]. Minchat Yitzchak 3:71 writes that it is preferable to pray in a minyan at the time specified by the Gra. So writes the Avnei Yashfeh 8:12. By contrast, it is the opinion of Rabbi Shlomo Zalman Auerbach (brought by Ishei Yisrael 18, note 40) that it is preferable to pray individually at the time specified by the Magen Avraham. Likewise, regarding the Sephardic minhag, there is disagreement. Minchat Yitzchak writes there that according to Sephardim as well it is preferable to pray in a minyan, However, Rav Abba Shaul writes that Sephardim practice according to the Magen Avraham and it is preferable that they pray individually instead of in a minyan after the time of the Magen Avraham. The Yalkut Yosef 89:6 writes that whoever always practices according to the Magen Avraham and knows that he will have kavanah throughout the entire Amidah, it is preferable that he prays individually within the time of the Magen Avraham. However, if he cannot concentrate well, it is best that he prays with the congregation, for then his prayer is heard.Chazarat HaShatz must be concluded within the first four hours of the day (Mishnah Berurah 124:7). The Or L’Tzion, part 2, 7:25 writes in a footnote that one may not start Chazarat HaShatz after four hours have passed. Bei’ur Halachah 124:2 s.v. “Sheya’avor” is uncertain regarding this, for perhaps since the time of prayer lasts b’dieved until chatzot, it is possible to recite Chazarat HaShatz even after the conclusion of four hours.

[20]. When a person prays earlier than the congregation because the minyan is late, some say he should pray outside the synagogue, and others say that because they are not practicing in accordance with halachah, he is permitted to pray earlier in their presence. See Mishnah Berurah 90:35. It seems that if by his praying earlier in front of the congregation, the people will learn from him and pray earlier too, it is best that he prays in front of them, However, if they will not learn from his example, it is preferable that he prays individually elsewhere.