Comparing Shema to Terumah

Why does the Mishna compare the mitzvah of shema with the mitzvah of eating terumah? (The Gemora below will say that we learn a halacha regarding terumah from here.) The Iglei Tal brings an explanation from his father. A Kohen who is tamei immerses himself in a mikvah and must wait until nightfall to be considered tahor, and only then, is he permitted to eat terumah. We see from here that the stain of the tumah remains with him the entire day. This is true in respect to kedusha as well. One who recites kerias shema in the morning is accepting the yoke of Heaven upon himself. This impression remains with a person the entire day even though he is preoccupied with other matters. At nightfall, he loses this inspiration, and he must accept the yoke of Heaven again. It is because of this that the Arizal says that one does not recite kerias shema by mincha time. It is not necessary because we are still inspired from the morning’s shema.

Decree of Chatzos

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 Beis HaLevi explains: The burning of the fats only could be done all night, and there was no need for the Chachamim to make a decree as a preventive measure that they can only be brought on the Altar until chatzos. 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 Altar before the afternoon tamid was brought. If there wasn’t time, they could be brought up afterwards. Once there was an initial time set up, the Chachamim didn’t feel that there was a necessity to issue another decree that they should be burned before chatzos. However, regarding “the limbs” of the afternoon tamid, there was no Biblical time set up, and therefore, the Chachamim decreed that they should be brought up before chatzos, for otherwise, the Kohanim might forget and not bring up them up at all.

Ve’toher

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: U’va hashemesh v’toher. The Gemora proves that the word “v’toher” means that the day has passed.

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: U’va hashemesh v’toher, 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: U’va hashemesh v’toher, 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.)

Halacha Regarding the Time to Recite Kerias Shema in the Evening

Rashi cites a Yerushalmi that the reason why we recite kerias shema in Shul before the proper time is because one should always stand up to recite shemoneh esrei immediately after words of Torah. This is similar to saying ashrei before davening mincha.

The mitzvah of reciting kerias shema at night is fulfilled when we recite kerias shema prior to going to sleep.

Tosfos asks four questions on Rashi’s ruling. 1) The custom is to recite only the first parshah of kerias shema when we go to sleep; isn’t the mitzvah to recite all three? 2) According to Rashi, what happened to the mitzvah of reciting the brochos before and after reciting kerias shema? 3) Isn’t the only reason that we recite kerias shema by our beds to chase away the demons? This is why the Gemora states that a Torah scholar is exempt from reciting that kerias shema. 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 kerias shema of the morning and the evening (in other words, in the morning, we recite kerias shema and then Shemoneh Esrei, and in the evening, we say Shemoneh Esrei and only then recite kerias shema). This is problematic because the halacha seems to follow Rabbi Yochanan who maintains that one is regarded as a ben olam habah if he recites kerias shema with the 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.