Chapter 2: Detailed laws of Shema 2

1.       Mishneh 1: Kavanah and speaking during Shema

• Reading Shema from the Torah: One who was in the midst of reading from the Torah [before the portion of Shema] and the time of the [morning or night] reading of Shema arrived, then if he reads the Shema with intent to fulfill the Mitzvah, the Mitzvah is fulfilled, otherwise, the Mitzvah is not fulfilled. [Practically, we rule that all Biblical Mitzvos require Kavana to be Yotzei them, and hence one who read the Shema without intent to be Yotzei the Mitzvah, is not Yotzei.[1] According to all this applies at the very least to the first verse of Shema Yisrael. It is debated amongst the Poskim if this applies also to the paragraphs of Vihavta and Vehaya Im Shamoa.[2]]
• Speaking while reciting Shema: Dispute: Rebbe Meir: Between the paragraphs of Shema, one may greet someone out of respect and answer to a greeting [of people, out of respect]. In the middle of a paragraph, one may only greet someone out of fear, and answer to a greeting [of people only out of fear]. Rebbe Yehuda: In the middle of a paragraph, one may greet someone out of fear, and answer to a greeting [of all people] out of respect. Between the paragraphs of Shema, one may greet someone out of respect and answer to a greeting [of all people]. [We rule like Rebbe Yehudah.[3] Practically, however, today we are no longer accustomed to make an interval to greet another, or answer to a greeting during the Shema, or its blessings.[4]]

2.       Mishneh 2: Bein Haperakim[5] and understanding the order of Shema:

• The following are the areas of Bein Haperakim:
  1. Between the first blessing of Shema and the second blessing.
  2. Between the second blessing and Shema.
  3. Between Shema and Vehaya Im Shamoa.
  4. Between Vehaya Im Shamoa and Vayomer.
  5. Between Vayomer and Emes Veyatziv: Dispute: Tana Kama says it is Bein Haperakim; Rebbe Yehuda says one may not make an interval in-between. [Practically, we rule like Rebbe Yehuda, and that between Vayomer and Emes is not judged as Bein Haperakim and furthermore we rule that one may not make any interval between the words Hashem Elokeichem and the two words of Emes Veyatziv.[6]]
• Understanding the order of the paragraphs of Shema: Rebbe Yehoshua Ben Karcha stated: Shema precedes Vehaya Im Shamoa in order so we accept upon ourselves the yoke of Heaven, and only then accept upon ourselves the detailed commands. Vehaya Im Shamoa precedes the paragraph of Vayomer as [the Mitzvos discussed in] Vehaya applies by both day and night, while the [Mitzvah of Tzitzis discussed in Vayomer] applies only at night. [Practically, this order is only Lechatchila. However, Bedieved if one read the paragraphs in the wrong order, he nevertheless fulfills his obligation.[7]]

3.       Mishneh 3: How to read the Shema:

• Read in low tone without hearing words: Dispute: Tana Kama: One fulfills his obligation if he read the Shema quietly, even if his own ears could not hear his voice. Rebbe Yossi: He does not fulfill his obligation, unless his ears could hear his voice. [Practically, we initially rule like the Tana Kama, that one must say it loud enough for his own ears to hear, however Bedieved we rule like Rebbe Yossi that one fulfills his obligation even if his own ears could not hear his voice.[8]]
• Read with improper vowelization: Dispute: Rebbe Yossi: One who read the Shema with incorrect pronunciation is Yotzei. Rebbe Yehuda: He is not Yotzei. [Practically, we initially rule like the Rebbe Yehuda, that one must say it with proper pronunciation, however Bedieved we rule like Rebbe Yossi that one fulfills his obligation even if he did not do so.[9]]
• Read in wrong order: One who reads the Shema in the wrong order does not fulfill his obligation. [This refers to one who read the words or sentences within a single paragraph in the wrong order, such as he preceded one sentence to another. However, if one read the paragraphs in the wrong order, Bedieved he fulfills his obligation.[10]]
• Made a mistake:[11] If one made a mistake in the reading [such as he skipped a word], then he is to return to the area of the mistake.

4.       Mishneh 4: Workers reading Shema:[12]

• The workers who are involved in picking fruits from the top of a tree, or who are working on top of a stone ledge, read the Shema in that position and are not required to descend. However, to Daven Shemoneh Esrei, they must descend. [They must likewise stop doing any work while they read the first paragraph.[13]]

5.       Mishneh 5: Chasan reading Shema:[14]

• A Chasan [who married a virgin] is exempt from reading the Shema on the first night after the wedding, until Motzei Shabbos [for a total of four nights, as they were accustomed to marrying virgins on Wednesdays], or until the Beilas Mitzvah takes place [whichever comes first]. [Practically, today we rule that a Chasan is obligated to read the Shema just like everyone else.[15]]
• Raban Gamliel read Shema: When Raban Gamliel got married he read the Shema on the first night. When asked by his students that he himself taught them that a Chasan is exempt, he answered that he refuses to nullify the acceptance of the Yoke of Heaven for even one hour.

6.       Mishneh 6: Bathing during Shiva:

• When Raban Gamliel’s wife passed away he bathed himself that night. When asked by his students that he himself taught them that an Avel is prohibited in bathing, he answered that he is not like other people as he is an Istanis [very pampered]. [An Istanis is defined as one who constantly feels very cold and has a history of colds. Such a person is permitted to bathe his entire body in hot water even during Shiva as it is done for medical reasons and not for pleasure. However, not every person can claim that he is an Istanis, but rather only those who are well known for their extra measure of cleanliness and that if they do not bathe they will suffer tremendously and come down with an ailment.[16]]

7.       Mishneh 7: Comforting owner of slave:

• When Tabi, the Canaanite slave of Raban Gamliel died, he received comforting [Nichum Aveilum in a Shura/row, as is commonly done after the burial]. When asked by his students that he himself taught them that one is not to be comforted after the passing of a slave, he answered that Tabi is not like other slaves as he is a Kosher individual.

8.       Mishnayos 8-Chasan reading Shema:

• May a Chasan be stringent to read the Shema on the first night? Tana Kama: A Chasan may be stringent to read the Shema on the first night. Raban Shimon Ben Gamliel: Not every person can choose to be stringent. [The Rishonim debate as like whom we rule.[17] Practically, today we rule that a Chasan is obligated to read the Shema just like everyone else, as stated above in Mishneh 5.]

[1] Admur 60:5 and Michaber 60:4 that so is main opinion; Rambam Shofar 2:4

[2] See Admur ibid; Michaber 60:5

[3] Admur 66:1; Michaber 66:1

[4] See Admur 66:1 that if the person is not particular he is not be answered; M”A 66:1; M”B 66:2; Kaf Hachaim 66:4; Piskeiy Teshuvos 66:1

[5] Brachos 13a; Michaber 66:5; Admur 66:7

[6] Admur ibid; Michaber ibid only regarding the word Emes

[7] Admur 64:1; Michaber 64:1; Rambam Shema 2:11

[8] Admur 62:2; Michaber 62:3; Brachos 15a-b

[9] Admur 62:1; Michaber 62:1; Brachos 15b

[10] Admur 64:1; Michaber 64:1; Rambam Shema 2:11

[11] Admur 64:2; Michaber 64:2

[12] Brachos 16a; Admur 63:9; Michaber 63:8

[13] Brachos ibid; Tur 63; Admur 63

[14] Brachos 16a; Michaber 70:3; Admur 70:3

[15] Admur ibid; Michaber ibid; Tosafus Brachos ibid; Tur 70 in name of Maharam Merothenberg

[16] Michaber Y.D. 381:3; Tosafus Moed Katan

[17] See Tur 70:3 that the Rosh and Rabbeinu Chananel rule like Raban Shimon Ben Gamliel while the Rif and Maharam Merothenberg and Rambam rule like the Tana Kama; The Beis Yosef 70 rules like the Rif and so he understands to be the opinion of the Tur. However, some Poskim learn that the Tur rules like his father the Rosh. [See Mahariy Ben Lev 15; Rashdam C.M. 250]