עין יעקב (Well of Jacob — Aggadic Talmud, Vilna 1883)

Some Innovations from Tractate Berakhot

By the Author of the Commentaries Ein Yosef, Anaf Yosef, and Yad Yosef

Ibid. Folio 2a "It happened that his sons came home from the house of the banquet... and we did not read for him the shema the 'Hear O Israel' prayer, etc." It is written in the book Kol Chokhmah Voice of Wisdom, may his memory be for a blessing, in the chapter "Because he ceased, he has makeup prayers, even in the morning," end of quote. The meaning therein is:

The following passage discusses the halakhic implications of missing the evening Shema and the subsequent ability to "make up" the missed prayers during the morning service, specifically addressing the interaction between the obligation of Shema (Biblical) and the prayers (Rabbinic).

If they the sons said that they were busy with the banquet, then certainly they are also exempt from the prayers, as the Shema is a commandment from the Torah the Five Books of Moses, while these prayers are of Rabbinic origin. And regarding that which it says that the evening prayer is optional: this is not certain. See in the Chiddushei Rash Innovations of Rabbi Shlomo, folio 50, where it is written that the commandment is [derived] from the obligation... as they did not return to the prayer because the prayer has a makeup time in the morning. But it is difficult: if, in truth, in the [book] Rav Chanoch Zundel The author of the commentaries in section 5, and the Chiddushei Tiferet Binyamin Innovations of the Glory of Benjamin, [it says] that one who went along the way and cannot stop in fear of bandits may pray as he walks, and until the 23rd hour referring to a specific temporal calculation for prayer times... this is not accepted. [It says] that this does not avail them for makeup prayers at all, even for the obligatory prayer, as per the aforementioned responsa. And the Kesef Mishneh section 5 is difficult. Therefore, it appears to me to resolve this in another way.

And from this, also what the Rambam Maimonides doubted in chapter 10 of the Laws of Shema, that Shema is from the Torah, and [he was] in doubt regarding the [evening] rest. And the Ra'avad wrote on this that he was confused in the blessings, end of quote. And the reason for this in the end of the section is that this is not in accordance with the words of the Remaz Rabbi Moshe Zacuto in chapter 5. And it is impossible to understand. If it is difficult why they did not return to the prayer as aforementioned. Also, it is difficult why it is necessary [to say] "the 23rd hour" This refers to the dispute over whether prayer times extend until the end of the night or only until dawn... this relates only to the Shema at the river. Also, it is difficult what the Nimukei Yosef wrote, that so many prayers were established to inform that they are permitted at night, even though there was a possibility to make it a time of silence, as per the chapter of Megillah the scroll of Esther. And one cannot say as in the Sefer Mitzvot Katan Small Book of Commandments chapter 14, folio 3, that in Bavel Babylonia they were changed in the entrance, etc., see there.

That it is specifically that which is forbidden on the days of the second, and so also in the book Kol Chokhmah. Therefore, it appears that the innovation of the chapter of "The evening service" The opening chapter of Tractate Berakhot is that the prayer in the evening is against the chalalim internal organs/remains and the eivrim limbs. And according to this, one can say that because the Sages said that the prayer is against the limbs and the organs, [therefore it is permitted] until the break of dawn. And according to this, whoever is still praying the evening prayer, which is against the limbs and the organs, it is not proper for his sons to be at the 23rd hour to ask for the evening prayer, as this is specifically regarding the evening prayer. Therefore, the Sages said that they were not at the river, etc., because they did not say "the Sages say until the break of dawn" [to mean] until he is standing, but even if the primary [time of] the prayer is against the limbs and organs, it is still possible for him also to pray because its time has not yet passed. However, it is still difficult that which was ruled in the Shulchan Aruch Code of Jewish Law that the Sages did not say "until the break of dawn." Because the words of the Nimukei Yosef section [are] that even all night they are fit for the words of the Sages in the morning. And similar to this wrote the Tiferet Yisrael. Also, it is not difficult why they said "the Sages say Megillah scroll of Esther, and the sacrifices and the burnt offerings are for all the night." It is enough to say that "all the night" is interpreted [as] bedi'avad post-facto. And the Chiddushim Innovations say that they were fit for the limbs of the whole night. And the explanation of the B'neira is that which the Shulchan Aruch wrote [concerning] the intention of the Tamid continual daily sacrifice is for the whole night, and it is not valid eivrim limbs until the dawn rises... This [confirms] that "the whole night" is interpreted as bedi'avad.

And it is not [as] they said to pray for the whole night... [text continues detailing the complex interaction between sacrificial times and prayer timing] ...and it is known that the Sages instituted prayer [corresponding] to the sacrifices. Therefore, it is logical to say that the evening prayer [is equivalent to] the burning of the limbs and organs, even if the prayer itself is considered bedi'avad should one miss the initial time. And this is correct and true.

See the Benveniste of the Shem HaGedolim Name of the Great Ones, section 30, Tractate Berakhot 2d, [where it discusses] the Shema in all ways, [my] eyes see. And after that, from that which it says further on folio 3 regarding the Pesach Passover [offering] of the Sabbath in the Tosafot commentaries, that the tanna rabbinic teacher mentions [it] before the sacrifice of the Tamid continual sacrifice, and not before the evening Shema. And the Sivan Bnei HaSir [claims] that [one] does not need to attach [them] in the case of avodah zarah idolatry... [text continues with a technical discussion on the order of prayers and the proximity of redemption to prayer].