1. When is the beginning time for Kerias Shema in the evening, according to the Mishna?

***   From the time that a Kohen who was tamei can begin to eat terumah (the Gemora will say that this is referring to the time that the stars come out at night).

2. When is the end time for Kerias Shema in the evening, according to the Mishna?
   
    ***  After the first ashmora (the night is divided up into three or four parts)
    ***  By chatzos (midnight)
    ***  At dawn

3. What was the incident that took place between Rabban Gamliel and his children?

***   Rabban Gamliel's children arrived home late at night from a feast. They told their father that they had not yet recited Kerias Shema. He said to them: If it is not yet dawn, you may still recite the Shema. And furthermore, whenever the sages said until chatzos, the mitzvah can be fulfilled until dawn.

4. Which mitzvos does the Mishna say can be performed until dawn?

    *** Kerias Shema
    *** The burning of the fats and the limbs
    *** Kodoshim that must be eaten for one day

5. According to Rashi, which mitzvos did the Chachamim decree that they should be performed before chatzos?

    *** Kerias Shema
    *** Kodoshim that must be eaten for one day

Rashi says: The Chachamim said until chatzos by Kerias Shema and by the mitzvah of eating korbanos; however the burning of the fats could be done all night.

Why didn’t Rashi say “the burning of the fats and the limbs”?

The בית הלוי explains: The burning of the fats only could be done all night, and there was no need for the חכמים to make a decree as a preventive measure that they can only be brought on the מזבח until חצות. This was because there already was a Biblical decree in place that the fats from all the sacrificial offerings brought during the day should be brought onto the מזבח before the afternoon קרבן תמיד was brought. If there wasn’t time, they could be brought up afterwards. Once there was a time לכתחילה, the חכמים didn’t feel that there was a necessity to issue another גזירה that they should be burned before חצות. However, regarding “the limbs” of the afternoon תמיד, there was no Biblical time לכתחילה, and therefore, the חכמים decreed that they should be brought up before חצות, for otherwise, the Kohanim might forget and not bring up them up at all.

6. According to Rashi, does one fulfill the mitzvah of reciting Kerias Shema before the proper time?

***   No

7. How does he explain why Kerias Shema is recited in Shul before the proper time?

***    The Yerushalmi says: One should only begin to pray after first studying Torah. This is similar to reciting ashrei before davening mincha.

8. When do we fulfill our mitzvah of reciting Kerias Shema in the evening, according to Rashi?

***   When we say it prior to going to sleep

Tosfos asks four questions on Rashi’s ruling. 1) The custom is to recite only the first פרשה of שמע when we go to sleep; isn’t the מצוה to recite all three? 2) According to Rashi, what happened to the מצוה of reciting the brochos before and after reciting קריאת שמע? 3) Isn’t the only reason that we recite קריאת שמע by our beds to chase away the demons? This is why the Gemora states that a Torah scholar is exempt from reciting that שמע. 4) It emerges according to Rashi that we are ruling according to Rabbi Yehoshua ben Levi who states that the Shemoneh Esrei’s of Shacharis and Maariv are supposed to be in between the קריאת שמע of the morning and the evening (in other words, in the morning, we recite שמע and then Shemoneh Esrei, and in the evening, we say Shemoneh Esrei and only then recite שמע). This is problematic because the halacha seems to follow Rabbi Yochanan who maintains that one is regarded as a בן עולם הבא if he recites שמע with the גאולה (redemption), and immediately says Shemoneh Esrei afterwards?

It is noteworthy that the Rosh cites different Rishonim who hold that according to Rashi, one should recite a blessing prior to saying shema by his bed similar to any other mitzvah.

Tosfos cites the opinion of Rabbeinu Tam, who holds that we fulfill our mitzvah by reciting the shema in Shul. He asks: How can we recite it so early? He answers: It is because we hold in accordance with Rabbi Yehudah who maintains that we can daven mincha until plag hamincha, which is one hour and fifteen minutes before sunset, and immediately afterwards, we can daven maariv. The Rosh adds that after plag hamincha, it is considered night in respect to davening maariv and reciting kerias shema. Tosfos asks: How can we daven mincha close to sunset, when it is after plag hamincha? He answers: it is because we rule according to the Chachamim, who say that one can daven mincha until sunset, and the Gemora (27a) rules: Since we have not learned if the halacha follows Rabbi Yehudah or the Chachamim, one is permitted to do according to either of them. Tosfos challenges this explanation: It emerges that we are doing two leniencies that contradict each other. We are davening maariv after plag because we hold that the time for mincha has passed according to Rabbi Yehudah, and nevertheless, we are davening mincha in that same time frame based on the opinion of the Chachamim. How can we justify our actions? The Rosh answers this question by saying that in respect to tefillah, which is only Rabbinical, we can be lenient. The Rosh, however, asks on Rabbeinu Tam that we never find that the time after plag hamincha should be regarded as night according to Rabbi Yehudah in respect to kerias shema. It is only in respect to tefillah because tefillah corresponds to the korbanos, and the time for the afternoon tamid was only until plag hamincha. This should not be applicable in regards to kerias shema which is dependent on the time that one goes to sleep, and nothing whatsoever to do with the korbanos!?

Tosfos cites the opinion of the Ri, who holds that we fulfill our mitzvah by reciting the shema in Shul. He asks: How can we recite it so early? He answers: It is because we hold in accordance with the other Tannaim mentioned later (2b) that the time for the recital of shema is even before nighttime, and at that time, one can daven maariv as well.

Tosfos concludes: Accordingly, one who recites kerias shema by his bed should not recite a brocha beforehand, and he is only obligated to recite the first parsha.

The Rosh concludes like Tosfos, but he cautions that this is only in order to justify the custom of Klal Yisroel. However, the halacha is that one should not recite kerias shema until tzeis hakochavim (when three medium stars appear in the sky).

Rav Hai Gaon was asked the following: If one finds himself in a Shul that will be davening maariv before nighttime, what should he do? He rules: He should daven Shemoneh Esrei together with them and recite shema afterwards in its proper time.

The Rashba writes that one should recite shema with the brochos, but he should have in mind that he does not want to fulfill his mitzvah of shema at that time. Afterwards, he should recite shema in its proper time.

The Mishna Berura rules that it is preferable to recite shema and daven maariv in the proper time. However, if one does daven early, he should make sure that he recites shema again afterwards in its proper time, and he should have in mind that he is fulfilling the mitzvah with that recital.

9. Why did the Tanna discuss the halacha of shema by night before discussing shema by day?

    *** The verse in the Torah mentions the mitzvah at night before the day (u'v'shach'b'cha uv'ku'me'cha).
    *** The night is mentioned before the day by the Creation of the world.

10. The Mishna said that the beginning time for קריאת שמע in the evening is at the same time that the Kohanim are permitted to eat terumah. The Gemora states that this time is tzeis hakochavim. The Gemora asks: Why didn’t the Mishna just say that the beginning time for קריאת שמע in the evening is tzeis hakochavim? The Gemora answers: it is to teach us a novelty regarding the time that the Kohanim could eat terumah. One might have thought that they could not eat terumah until the next day. Why would we have thought like that?

***   Perhaps we should wait until they offer their korbanos during the day.

11. The Gemora cites a braisa proving that the Kohanim do not have to wait until they bring their korbanos the next day. They are permitted to eat terumah immediately after tzeis hakochavim. The braisa cites the verse: ובא השמש וטהר. What are the two explanations in the word “vetohar”?

    *** The day has passed
    *** The Kohen should become tahor

Rashi learns: We would have thought that the Kohanim would be required to wait until morning when he brings his korbanos in order to eat terumah. Tosfos challenges Rashi’s explanation and disagrees. Tosfos understands the Gemora to mean the following: We might have thought that the Kohanim would be permitted to eat terumah at the beginning of sunset; the verse teaches us that they must wait until after tzeis hakochavim.

There is seemingly a contradiction in the Rambam regarding the meaning of the word “vetohar.” He writes in Hilchos Bias Mikdash (4:4) that a Kohen tamei who immerses himself in the mikvah and serves in the Beis Hamikdosh before sunset, the service is disqualified, and he is liable to be put to death because of it. He cites the verse: ובא השמש וטהר, and he explains: The sun will set, and only then will the Kohen become tahor. From here we see that the word “vetahor” is referring to the Kohen. Contrast this with the Rambam’s ruling in Hilchos Terumos (7:2) where he writes the following: A Kohen tamei is not permitted to eat terumah until after sunset and the appearance of three medium stars in the sky. He cites the verse:ובא השמש וטהר, and he explains: Until the sky is clear from the light; and only then, may he eat terumah. It is evident from here that the word “vetahor” is referring to the day, and not to the Kohen. (We have not found an answer yet.)