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1 [1] **FROM WHEN DOES ONE RECITE SHEMA ETC?** All opinions mentioned in our Mishna agree that Shema is to be recited after the stars are visible. It was the common custom during Rashi’s times that people prayed Maariv before nightfall. In view of what is clearly stated in the Mishna, how can we defend the custom?
Rashi quotes Talmud Yerushalmi to support his opinion. **So is it found in Yerushalmi: If **one **recited **Shema **before this **time mentioned in our Mishna, **he has not fulfilled **his obligation.
Yerushalmi continues: **If so, why do we recite Shema in the synagogue**, when we are saying the Marriv prayer before the stars appear and when we are definitely not fulfilling the mitzvah? That is done **in order to stand **before Hashem **in prayer having first said some words of Torah. **That first recital is not a fulfillment of the mitzvah of reciting Shema, but does serve as a vehicle from which we stand before Hashem in prayer, having fulfilled the all-important mitzvah of Torah study.
Tosfos asks a series of four questions attacking Rashi’s explanation: The first: **His explanation **that we fulfill the reciting of Shema with the Shema that we recite when going to sleep **is bewildering! But the people, when going to sleep are accustomed to reciting only the first paragraph **of Shema - שמע and ואהבת**, and if so, **that it is the recital with which we will fulfill our obligation to recite Shema, **we should read all three paragraphs?**
The second question: **There is another difficulty. That one is required when reciting **Shema **to also recite two **berachos **before **Shema **and two **berachos **after **Shema **at night? **Tosfos assumes that the berachos of Shema should be recited with the Shema that is recited for the fulfillment of the Mitzvah. According to Rashi, this should be recited when we are about to go to sleep, but in reality the berachos of Shema are recited together with the early Maariv prayer?
The third question: **Furthermore, the Shema recited when one goes to bed is only because of the **mazikin **as [the Gemara] soon says (5a). **The Gemara there also says **and if he is a scholar he does not need **to recite Shema when he goes to sleep. This is understandable if the purpose of that Shema is to protect one from mazikin. Presumably a scholar who is always learning does not need that protection. However, if the recital is in order to fulfill the mitzvah of Shema, scholars are also obligated to fulfill the mitzvah.
On 4b there is a dispute between R’ Yochonon and R’ Yehoshua ben Levi about the proper order of reciting Shema and saying Maariv. R’ Yochonon holds as we do that reciting Shema is first followed by tefilas Maariv. R’ Yehoshua ben Levi disagrees. He holds that we first say tefilas Maariv and then recite Shema. The particulars of the disagreement are discussed later on 4b.
The fourth question: **There is another difficulty: For if so, **that Rashi is correct and we fulfill the mitzvah of reciting Shema when we go to bed after tefilas Maariv, **we are ruling in favor of R’ Yehoshua ben Levi who says that the prayers **of Shacharis, Mincha and Maariv were instituted to be said **in between. The explanation **of in between: **Between the two recitals of **Shema **, **all prayers are to be said **between reciting** Shema **in the morning and reciting **Shema **in the evening.**
However, **we rule in accordance with R’ Yochonon who says later (4b): Who is a son of the world to come? One who recites the **beracha of **redemption, **גאל ישראל **of the Maariv prayers immediately before the **Shemoneh Esrai of Maariv. The beracha of גאל ישראל together with the other berachos recited in the evening prayers are collectively called the berachos of Shema. When we recite the Shema before Shmoneh Esrai of Maariv the beracha of redemption is said before Shmoneh Esrai, thus we are fulfilling the dictum of R’ Yochonon who says that one who does this is worthy of the world to come. If we would recite Shema after Shmoneh Esrai we would not be fulfilling R’ Yochonon’s dictum. This is proof that Shema is meant to be recited before Shmoneh Esrai, which contradicts Rashi’s position that we actually fulfill the recital of Shema when saying it as we are about to go to sleep. Rashi’s proposal seems to be in line with R’ Yehoshua ben Levi.
In reality during the times of Tosfos people usually said Minchah late in the day, even after the midpoint of the minchah. **If you ask: **Since we rely on R’ Yehudah for reciting Shema before nightfall, **how do we pray **tefilas Minchah **close to nightfall and even after the midpoint of the **minchah? **We can answer: That we rule in accordance with the Rabonon who say that **tefilas Minchah may be said **until the evening. [The Gemara] says later (27a): Now that we have not learned that the halacha **follows the Rabonon who hold one may pray Minchah after the midpoint of the minchah (4:45 p.m.) **or that the halacha follows R’ Yehuda **who says that Mincha must be prayed before the midpoint (4:45 p.m.), **one who does as [the Rabonon] fulfills his obligation and one who does like [R’ Yehudah] has fulfilled his obligation. **This halacha has been left open for all to choose how they wish to behave. Thus one may choose to say Mincha after 4:45 p.m. or choose to say Mincha before 4:45 p.m. and then say Maariv immediately after 4:45 p.m. before night fall. Those of us who wish to follow the Rabonon may do so and those of us who choose to follow R’ Yehudah may do so. At this point Tosfos seems to hold that when we choose to pray Maariv at 4:45 p.m., we may also fulfill our obligation to recite Shema at that time.
In reality it seems that during Tosfos’ times people would say tefilas Minchah after 4:45 p.m. and then recite Shema and say tefilas Maariv. There seems to be a contradiction in using the same time period for both tefilas Mincha and Maariv. **In any case there is a difficulty **with our custom because it seems that we are practicing **two leniencies that are contradictory,** because **for whatever reason we pray **Maariv **immediately after the midpoint of the **Minchah (after 4:45 p.m.), must be **because we rule that the time **for praying Minchah **has ended in accordance with R’ Yehudah, and immediately **afterwards **is the time for **Maariv **, but as far as the time praying **Minchah **itself **is concerned, **we do not rule like R’ Yehudah, rather like the Rabonon, **because we do continue to say Minchah prayers after the midpoint of the Minchah (4:45 P.M.).
Tosfos concludes that we cannot possibly say that the reason we say Maariv early is because we hold like R’ Yehudah, because in fact we do not hold like R’ Yehudah as is evident by our saying Minchah after 4:45 P.M. Tosfos must once again search for the rationale behind our custom, which was to recite Shema before the appearance of the stars which is not in accordance with the ruling of our Mishna. We must keep in mind that Tosfos was not satisfied with Rashi’s approach that we fulfill the mitzvah of reciting Shema later when we go to sleep.
Tosfos also refers to another opinion mentioned on 2b, which was well before the appearance of the stars. The Gemara on 2b mentions another time that is earlier than the appearance of the stars, **also from the time that people enter to recline **and eat their meal **which refers to the Shabos meal. That was while it was still day. From that time on is the time for saying** Maariv **prayers, **which include the recital of Shema.
But how will Tosfos deal with Yerushalmi that clearly says that the purpose of reciting Shema in the synagogue is to stand before Hashem in prayer having uttered some words of Torah, but not in order to fulfill the obligation of reciting Shema? **That which Yerushalmi says: Why did they recite **Shema **in the synagogue etc.? **[in order to come before Hashem in prayer having uttered words of Torah], which seems to be saying that the recital of Shema in the synagogue is not for the purpose of fulfilling our obligation to say Shema. **Says Rabainu Tam that it was customary for them to recite **Shema **before they prayed as we customarily recite **Ashrey **before **the Minchah **prayer, and that recital of **Shema **is only in order to come **before Hashem **in prayer having **first **said words of Torah. **Yerushalmi is not discussing the Shema recited in the Maariv prayer at all. The Shema said before tefilas Maariv is for the purpose of fulfilling one’s obligation.
It appears that those who followed Rashi’s opinion that the recital of Shema as we got to sleep is the actual fulfillment of the mitzvah would also say a beracha to the effect that they were fulfilling the commandment to recite Shema. **From this it appears that he who recites **Shema **as he is about to go to bed should not recite a **beracha that Hashem commanded us to recite Shema, since he has already fulfilled this mitzvah earlier during Maariv **and **for the same reason **he only needs to recite the first paragraph, **that serves to ward off the evil spirits.
Version: Tosafot, Translated by Jan Buckler.
License: CC-BY