פירוש על ברכות 3:16

From what time do we read the shema at night? From the time that the Kohanim (priests) enter to eat their Trumah (holy food). Kohanim that became defiled, and then immersed (in the mikvah), and the sun has set [reseting their purity], then they are allowed to eat Trumah.

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 recite Shema when it is still daytime and do not wait until the stars come out, as the Gemara explains that this is the time when Kohanim begin come to eat their Terumah? For this reason Rashi explains that the Shema that is recited when we go to bed is the primary fulfillment of the mitzvah of Shema, and that is recited after the stars appear.
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 mazikin¹Evil spirits that may attack a person while he is asleep. 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.
For this reason Rabainu Tam explains that to the contrary, the recital of Shema in the synagogue before Shmoneh Esrai is the primary recital. 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 recite Shema 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 tefilas Minchah is till the midpoint of the Minchah period, which is ten and three quarter hours into 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 praying Minchah at 4:45 p.m., the time for tefilas 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 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.
Therefore R’I says that certainly the recital of Shema that we recite in the Synagogue is the primary recital of Shema with which we fulfill our obligation, not the Shema we recite as we go to sleep. And we who say Maariv prayers while it is still day before the appearance of the stars, that is because we hold like those Tanoim mentioned in the Gemara (2b) who say that the correct time to recite Shema is at the time that the day is sanctified on 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 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.
There is also proof from the Gemara later on 27a, that Rav prayed the tefilah of Shabos on the eve of Shabos and most probably he also recited Shema at 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 primary recital 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 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.

Rashi says that we are not Yotzei Keri'as Shema in the Beis ha'Keneses during the day. We say it only to enter Shemoneh Esre amidst Divrei Torah. One is Yotzei Shema through the first paragraph during Keri'as Shema Al ha'Mitah. The Yerushalmi says so. The Riva, Ritz Gei'us and Rav Amram Gaon agreed. R. Tam says that we are Yotzei in the Beis ha'Keneses, we hold like R. Yehudah. The Gemara said that one who did like either opinion was fine. This is difficult. The Gemara said so about Tefilah, which corresponds to Korbanos. Minchah was never offered after Plag ha'Minchah! Rather, we hold like other Tana'im who hold that the time for Shema is before Tzeis ha'Kochavim. We are lenient like R. Yehudah regarding Tefilah because it would be hard to gather people again. L'Chatchilah, one should say Shema after Tzeis ha'Kochavim, like our Stam Mishnah. Rav Hai Gaon said that in Eretz Yisrael we pray Ma'ariv, and afterwards we say Shema in its time, even though we lose Semichus Ge'ulah l'Tefilah. However, he must pray Minchah before Plag ha'Minchah.

UNTIL THE END OF THE FIRST WATCH- A third of the night, as will be explained in the Gemara (p. 3a), and from then on the time has passed for it is not the time of lying down, and is not referred to in the words "Bishachbicha". Also, before this period is not considered the time for lying down. Therefore, if one read the Shema before, he does not fulfill his obligation. If so, why do we read the Shema in the Synagogue? In order to stand in Tefilah, in connection with words of Torah as is taught in the Briata in the Jerusalem Talmud Berachot. Therefore one would have to read again after it gets dark. [In this case] Reading the first section of the Shema at bed time suffices.

Until dawn - The entire night is called the time of laying down.

For the meaning of Hebrew and Aramaic terms, see Glossary.

Who bad become ritually unclean and, after bathing, waited until the evening before they could eat "of the holy things" (cf. Lev. xxii. 4-7).

Whether the night is divisible into three or four watches will be discussed in the Gemara below : see pp. 6, 9 f.

The majority of the Rabbis.

According to Maimonides, in his Commentary on the Mishnah, this refers to the first light which becomes visible in the East, about 1 1/5 hours before actual sunrise. Cf. Pesah. 93 b.

Cf. Leviticus vi. and vii.

Cf. ibid. vii. 15 ff.

Lit. Where does the Tanna stand that he teaches, From what time ?

Two deductions are drawn from the verse : (1) The law of reading the Shema' since the Israelite is commanded "to talk of them" (viz. "these words which I command thee this day") on lying down and rising up ; (2) The right order is "lying down" and "rising up," i.e. evening and morning.

Hence the Jews reckon the day as commencing with the evening that precedes. See T. A. II. p. 418.

See below, p. 70.

In Mishnah II of this chapter, p. 55.

By defining the time for reading the evening Shema' as the time when the priests partake of their Terumah, the Mishnah wishes it to be understood that the priests who have been unclean regain their privilege at sunset (when the Shema' is read) whether they bring their sin-offering or not.

The Gemara requires the translation "it (the day) is clean," i.e. ended, and not "he (the man) shall be clean" from his impurity.

Meaning, the fact that the sun had not set.

I.e. the appearance of the stars.

Mishnah. "From when do we recite the Shema..."

Mishnah. "From the time that the Kohanim enter to eat their Terumah." We have in the mishnah in Sukkah (Day 38a): "One who comes from traveling on the road and does not have a lulav in his hand to take, when he enters his house, he should take [the lulav] at his table," and Rashi explains (D''H "Yitol al Shulchano): "If he forgot and did not take before eating, one needs to stop his meal and take the lulav." (SIDE NOTE 10: And the Shulchan Aruch rules accordingly, in Siman 652, Seif 2: "It is forbidden to eat before one takes [the lulav]." See the Biur Halacha there, as this is the law regarding all things mentioned above in Siman 232, that it is forbidden before the tefillah of Minchah and see further there...) It seems from the language of the mishnah before us, it is indicated that the Kohanim would eat terumah before [reciting] Kriyat Shema even though the time for Kriyat Shema already arrived, and Tzlach brings up (ב א D''H "M'Sha'ah") that since the eating of the terumah is the service of the gift (as we have in Pesaching 73a) it is permitted for the Kohanim to eat terumah before they recite Kriyat Shema. This requires clarification, what is the difference between eating terumah before Kriyat Shema from eating a [regular] meal before taking the lulav.

See Rashi there, D''H K'dei L'harchik: "And they forbade eating before the time, in order that one should not come to eat them after Amud Hashachar and would be subject [to the punishment of] kareis, and so too by Kriyat Shema, [in order to] motivate a person so he should not say "I still have some time [to say Kriyat Shema], and all the while, Amud Hashachar [came and passed], and he missed the proper time. And the [sacrificial] fats were offered up, as it was taught, "the Sages

The Burning of the fats and limbs - Of the sacrifices that their blood is sprinkled during the day.

Their commandment - is to be brought the entire night and they do not become invalidated through "sleeping" until the morning star rises

Fats - of all (types) of sacrifices

Limbs - of a burnt offering

And all (offerings) which must be eaten that same day - for example sin offerings and guilt offerings and the lambs of atzeres and meal offerings and thanksgiving offerings

Their commandment - ie the allotted time for their being eaten

Until Dawn - And this is what brings them to become Nossar (leftover) as it says with the Todah Sacrifice "A person should not leave anything over until morning" and all of this is learnt from the Todah sacrifice.

If so why did the sages say until midnight - This is regarding Kerias Shema and eating Kodshim.

In order to distance a man from sin - And they are forbidden to eat before their time, in order that they should not come to eat them after dawn and therefore he would be liable to Kores. Similarly with reading the Shema, this is to encourage a person, so that he should not say "I still have time" and in the meantime it will get dawn and he would have missed the time. The offering of the fats that we learn here the sages did not say until midnight at all, and we did not learn here only to teach us that anything that is applied to at night is valid the entire night. Here also we learnt in a mishnah in the second chapter of Megillah. "The whole night is valid for reaping the omer and to offer up the fats and the limbs".

How is this possible - From where does the Tanna conclude the obligation to read Kerias Shema, that he began to ask here the time of reading?

[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 with the daily tamid offerings, where the verse lists the morning tamid first. So too, the Mishna should follow the lead of the Torah and discuss the Kerias Shema obligation of the morning first.

On the text it is based - And there you can learn the obligation of reading (Shema)

If you want I can say - the reason we learn evening first is to learn it from the creation of the world.

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 that the 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 Shema but 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, then one should be particular to follow this order for all matters including the blessings of Shema.¹See 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.
The Gemara therefore concludes its question: If so, that the Mishna is following the order of creation, the end of the Mishna that teaches etc. [about the blessing of Shema should also begin with the blessings of the morning.]

[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.¹See 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. (Yerushalmi) The seven blessings recited together with Shema, four in the evening²המעריב ערבים and אהבת עולם before Shema. אמת ואמונה and השכיבנו after Shema. and three in the morning,³יוצר אור and אהבה רבה before Shema. אמת ויציב after Shema. correspond to the verse - I have praised you with seven blessing during the day (Tehilim 119). But we actually recite eight Berachos each day, five during Maariv,⁴We add יראו עינינו after השכיבנו. two before Shema and three afterwards, and three during Shacharis, two before Shema and one afterwards?
[The Mishna] does not reckon the Beracha יראו עינינו as an eighth Beracha of this series, because that Beracha was instituted by the Rabanan only so that those of the initial minyan should wait in the synagogue for their fellows who 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 field away from the cities, and there is a danger from the evil spirits that harm people who are alone, but in our synagogues that are located within city limits, it is not necessary to wait for their late arriving fellows during the day,⁵These 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. only at night.

It then taught about the morning - "From when can we read the shema in the morning".

From nightfall - This is when the sun has completely set as we learn later on.

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 west on the seventh day, he may eat terumah, 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.