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 explained: And how do we reciteShema when it is still daytime and do not wait until the stars come out, as the Gemara explainsthat this is the time when Kohanim begin come to eat their Terumah? For this reason Rashi explains that theShema that is recited when we go to bed is the primaryfulfillment of the mitzvah of Shema, and that isrecited after the stars appear. Rashi quotes Talmud Yerushalmi to support his opinion. So is it found in Yerushalmi: Ifone recitedShema before thistime mentioned in our Mishna, he has not fulfilledhis 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 standbefore 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 explanationthat 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 paragraphof 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 recitingShema to also recite twoberachos beforeShema and twoberachos afterShema **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 themazikin¹ **as [the Gemara] soon says (5a).**The Gemara there also says and if he is a scholar he does not needto 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 prayersof Shacharis, Mincha and Maariv were instituted to be said in between. The explanationof in between: Between the two recitals ofShema **,**all prayers are to be said between reciting Shema in the morning and recitingShema 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 theberacha of **redemption,**גאל ישראל of the Maariv prayers immediately before theShemoneh 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. For this reason Rabainu Tam explains that to the contrary, the recital ofShema in the synagoguebefore Shmoneh Esrai is the primaryrecital. This decision requires that we must once again examine our custom to recite Shema together with tefilas Maariv before nightfall. If you ask: How do we reciteShema so early when it is still day? We can answer: That we rule in accordance with R’ Yehudah who says in Perek Tefilas Hashachar (26a) that the time for tefilasMinchah is till the midpoint of theMinchah period, which is ten and three quarter hoursinto the hours of the day. For example when sunrise and sunset are at 6 o’clock a.m. and p.m., ten and three quarter hours is at 4:45 p.m. Immediately after the end of the time for prayingMinchah at 4:45 p.m., the time fortefilas Maariv **begins.**Since this is the time for tefilas Maariv we may assume that it is also the time for recital of Shema, which must be done before saying tefilas Maariv as discussed earlier. 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 praytefilas Minchah close to nightfall and even after the midpoint of theminchah? We can answer: That we rule in accordance with the Rabonon who say thattefilas Minchah may be said until the evening. [The Gemara] says later (27a): Now that we have not learned that the halachafollows the Rabonon who hold one may pray Minchah after the midpoint of the minchah (4:45 p.m.) or that the halacha follows R’ Yehudawho 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 difficultywith our custom because it seems that we are practicing two leniencies that are contradictory, because for whatever reason we prayMaariv immediately after the midpoint of theMinchah (after 4:45 p.m.), must be because we rule that the timefor praying Minchah has ended in accordance with R’ Yehudah, and immediatelyafterwards is the time forMaariv , but as far as the time prayingMinchah itselfis 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. Therefore R’I says that certainly the recital of Shemathat we recite in the Synagogue is the primaryrecital of Shema with which we fulfill our obligation, not the Shema we recite as we go to sleep. And we who sayMaariv prayers while it is still daybefore the appearance of the stars, that is because we hold like thoseTanoim mentioned in the Gemara(2b) who say thatthe correct time to recite Shema is at the time that the day is sanctifiedon Shabos, which is well before the appearance of the stars. 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 reclineand 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. There is also prooffrom the Gemara later on 27a, that Rav prayed thetefilah of Shabos on the eve of Shabos and most probably he also recited Shemaat that time. This too seems to indicate that we rule that the correct time to recite Shema is not like our Mishna, which says that the time is the appearance of the stars, but rather sometime earlier. From all those proofs it seems that the recital of Shema in the synagogue is the primaryrecital and that is for the purpose of fulfilling our obligation to recite Shema. The recital at the time we go to sleep is not for the purpose of fulfilling our obligation, rather to ward off evil spirits. 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 reciteShema 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 reciteShema before they prayed as we customarily reciteAshrey beforethe Minchah prayer, and that recital ofShema is only in order to comebefore Hashem in prayer havingfirst **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 recitesShema as he is about to go to bed should not recite aberacha that Hashem commanded us to recite Shema, since he has already fulfilled this mitzvah earlier during Maariv andfor the same reason **he only needs to recite the first paragraph,**that serves to ward off the evil spirits.

footnotes: ¹ Evil spirits that may attack a person while he is asleep.

[THE TANNA] SHOULD FIRST TEACH [US OF THE OBLIGATION TO RECITE KERIAS SHEMA] IN THE MORNING. There must be a reason why the Gemara suggests that the Kerias Shema of the morning should be taught first. Tosfos explains: Just as we find withthe daily tamid offerings, where the verse lists the morningtamid **first.**So too, the Mishna should follow the lead of the Torah and discuss the Kerias Shema obligation of the morning first.

IF SO, THE END [OF THE MISHNA] THAT TEACHES [US OF THE BLESSING OF SHEMA] IN THE MORNING FIRST ETC. The Gemara suggested two reasons that the Mishna spoke of the obligation to recite the evening Shema first: A) The verse about the reciting Shema states: ובשכבך ובקומך- when you lie down and when you arise, putting the evening obligation first. B) The Mishna follows the order of creation‘ויהי ערב ויהי בוקר-there was evening and there was morning’, which speaks of night before day. When the Gemara introduces a question with אי הכי-if so, it indicates that the difficulty is addressed only to the second answer just mentioned, but not to the first answer. The ‘if so’ is saying that according to the first approach A) there is no problem, but according to the second approach just introduced B), there is a problem. Tosfos explains how this works in our Gemara: It is perfectly understandable if you say thatthe order of the Mishna is based on the verse of “בשכבך-when you lie down”, if that is so, the verse is only particular about reciting Shemabut not about the blessings preceding and following recital of Shema. But if you say that the order of the Mishna is based on the verse of creation of the world, thenone should be particularto follow this order for all mattersincluding the blessings of Shema.¹ The Gemara therefore concludes its question: **If so,**that the Mishna is following the order of creation, the endof the Mishna that teaches etc.[about the blessing of Shema should also begin with the blessings of the morning.]

footnotes: ¹ See מהרש"א who raises a very fundamental question: How can Tosfos say that if we follow the verse on creation, we must always follow the order of night before day, when the verse discussing the tamid offering clearly places the morning tamid before the evening tamid? מהרש"א suggests that Tosfos holds that as far as the verse per se is concerned it may sometimes choose to follow one order and at other times follow a different order. The point that Tosfos is making is that if the Tanna chose to follow the order of creation, where night precedes day, the Tanna must be consistent and follow that order in all matters. Proof of this explanation is from the previous Tosfos, where Tosfos says that the Gemara’s question: The Tanna should first teach us about the recital of Shema in the morning is based on the verse that puts the morning tamid first. The Gemara answers: The Tanna is following the order of the verse that deals with reciting Shema, where the evening Shema is mentioned first. The Gemara does not seem to have a problem with the fact that there appears to be a contradiction between the two verses. Obviously, the verse sometimes follows one order and at other times a different order. The Gemara is concerned with discovering the order that the Tanna elected to follow.

[ONE RECITES] TWO BLESSINGS BEFORE [SHEMA] ETC. Tosfos discusses the source for the total of seven berachos recited during the day associated with the Shema.¹**(Yerushalmi) The seven blessings**recited together with Shema, four in the evening² and three in the morning,³ correspondto the verse - I have praised youwith sevenblessing during the day (Tehilim 119). But we actually recite eight Berachos each day, five during Maariv,⁴ two before Shema and three afterwards, and three during Shacharis, two before Shema and one afterwards? [The Mishna] does not reckonthe Beracha יראו עינינו as an eighth Beracha of this series, because that Beracha was instituted by the Rabananonly so thatthose of the initial minyan should wait in the synagogue for their fellowswho arrived late. It was dangerous to leave the late comers alone in the synagogue. The Rabonon instituted that those already in the synagogue recite this last Beracha, while the late arrivals catch up to the minyan, so that they recite the tefilah and leave together. Is this Beracha for everybody? This Beracha is specifically for their synagogues that were in the fieldaway from the cities, and there is a danger from theevil spirits that harmpeople who are alone,but in our synagoguesthat are located within city limits, it is not necessary to wait for theirlate arriving fellowsduring the day,⁵ only at night.

footnotes: ¹ See צל"ח who explains why Tosfos feels the need to explain this issue here, where the Gemara only quoted this Mishna as an aside. Tosfos explanation seems to belong later on 11a, where the Mishna is stated. ² המעריב ערבים and אהבת עולם before Shema. אמת ואמונה and השכיבנו after Shema. ³ יוצר אור and אהבה רבה before Shema. אמת ויציב after Shema. ⁴ We add יראו עינינו after השכיבנו. ⁵ These few words of Tosfos are very perplexing. It seems that Tosfos holds that in the synagogues out in the fields one must recite יראו עינינו even during the day and in our synagogues which are within city limits it need only be recited at night. This explanation is hardly tenable, because it would mean that יראו עינינו was recited during Talmudic times even during Shacharis. See שפת אמת who suggests that Tosfos may be speaking of an early minyan for Maariv as opposed to a later one. Only the later minyan which begins praying at night need recite יראו עינינו. The earlier minyan need not recite it. See שדה צופים by R’ Shmuel Dovid Friedman, Shlit”a who has a lengthy exposition on this Tosfos. Also see תוס' רבינו פרץ who does not have this last sentence in his text of Tosfos.

AND [THE TANNA] TEACHES US [A NEW HALAKHA: FAILURE TO BRING AN] ATONEMENT OFFERING DOES NOT PREVENT. There are three levels of purification for one who became tamei: A) One who comes in contact with a source of tumah such as an animal corpse, immerses in a mikveh and may eat regular chulin and maaser sheni food immediately. B) In order to eat Terumah one must wait until nightfall after immersion in a mikveh. C) A person who experienced a tumah that emanates from his person, such as a metzora, a niddah, a zav or a woman after childbirth, needs to bring a sacrifice during the day after their immersion in order to eat sacrificial flesh. Our Mishna is teaching us that even though those in group C) who need to wait until the next day to offer a sacrifice, do not need to wait until the next day to eat terumah. **If you ask: But [the Mishna] already taught this once in Maseches Negaim (17, 3) and it is cited in He’arael (Yevamos 74b)**in reference to a metzora who immersed in a mikveh on the seventh day of his purification process and will offer his set of sacrifices the next day, when the sun sets in the weston the seventh day, he may eatterumah, even though he will not be permitted to eat sacrificial flesh till after he offers his sacrifices on the eight day. The Mishna clearly states the ruling that under all circumstances one may eat terumah after the day he immersed himself passes. Why does our Mishna repeat this ruling? **We can answer: That it is the way of the Mishna to briefly inform us even that which is already known.**If the Mishna here had taught this ruling at length, we would have a legitimate problem with the repetition. However, since the Mishna alludes to this ruling briefly, there is no problem.