NYP no. 5765.2 - Central Conference of American Rabbis

CCAR RESPONSA

5765.2

Times for the Shacharit Service

She’elah

A congregant has asked that a Sabbath morning service, during which her daughter will lead the congregation in worship as a Bat Mitzvah, will read Torah, haftarah and offer a devar torah, begin as late in the morning as possible, perhaps as late as 11:30 AM or even 12 noon. She makes this request so that her elderly and ill father, the grandfather of the Bat Mitzvah, will be able to participate and to fully appreciate the service and the efforts of his granddaughter, as she demonstrates her commitment to Judaism as a young Jewish adult. He is suffering from a severe illness and is not fully aware until late in the morning or early afternoon. The family and the Bat Mitzvah want to participate in a Sabbath morning service, as they feel that it is more rewarding than the shorter minchah, afternoon service.

Our congregation does not normally have a Sabbath morning or afternoon service. The Friday eve service is the “flagship” service of our Temple. Sabbath morning services are held only when a Bar Mitzvah or a Bat Mitzvah leads our congregation in worship. Such Sabbath morning services have begun as early as 10:00 AM or as late as 11:00 AM. (Rabbi Harry D. Rothstein, Utica, NY)

Teshuvah

This she’elah, in addition to the particular case it addresses, raises a more general issue. It is the common custom (minhag) for Reform congregations in North America to begin their Shabbat morning services (shacharit) at 10:00 AM or later. This custom is no accident, and it did not emerge for reasons of mere convenience. We have established it in order to facilitate a larger attendance at worship services, which enables more people[1] to fulfill the mitzvah of tefilah betzibur, the traditional Jewish preference for public over private prayer.[2] Yet alongside this positive goal, our late starting times ensure that the congregation will recite the central rubrics of the morning liturgy – the shema and the tefilah – at an hour later than is prescribed for them according to the codified halakhah. This fact might lead to two conclusions. On the one hand, it might suggest that our prayers, because we say them “late,” are invalid in the eyes of Jewish law. On the other hand, it might raise the suspicion that Reform Judaism is indifferent to the question of proper times for prayer, which would mean that it is of no consequence whether this synagogue schedules its morning service at 11:30 AM, at noon, or even later.

Both these conclusions, in our view, are erroneous. To establish this point, we want first to consider the general issue: does the Jewish legal and liturgical tradition offer support for our minhag to begin services late in the morning? We will then turn to the case at hand: given that we do begin our services during the late morning, do we nonetheless recognize a time limit, a terminus ad quem beyond which a morning service should not begin? And if so, should we insist upon that time limit in a difficult case such as this one?

1. The Morning Shema. The shema, according to our Rabbinic tradition, is to be recited “when you lie down and when you rise up” (Deuteronomy 6:7), that is, in the evening and in the morning.[3] Although the precise time for the recitation of the morning shema is the subject of a dispute in the Mishnah,[4] the settled halakhah is that one must recite it by the end of “the third hour” of the day, the time by which the vast majority of the community have “arisen” from sleep.[5] The hour to which our sources refer is a “temporal hour” (sha`ah zemanit), that is, a segment consisting of one-twelfth of the period of daylight on a particular day. Thus, the “end of the third hour” is equivalent to the first quarter of the daylight period.[6] As we note above, few Reform congregations ever recite the shema before that time.

The tradition, however, is more complex than the above might indicate. For one thing, although one should recite the morning shema before the end of the third hour, it is not forbidden to recite it afterwards. The Mishnah states that “one who recites it (after the third hour) loses nothing; he is as one who reads (the shema) in the Torah,” fulfilling the mitzvah of Torah study if not the mitzvah of reciting the shema at its proper time.[7] Moreover, one is encouraged to recite the shema even though one has missed its “deadline,” for “it is good to accept upon oneself the yoke of the Kingdom of Heaven” at any time of day.[8]Maimonides declares that if one has not recited the shema before the end of the third hour, one may recite it along with its accompanying blessings (Yotzer Or, Ahavah Rabah, and Emet Ve-yatziv)[9] throughout the day.[10] Other scholars do not go so far, but they nonetheless allow the recitation of the shema and its accompanying blessings until noon, the latest acceptable time for the recitation of the tefilah (see below).[11] Although these rulings are controversial,[12] they raise the possibility that the entire day is the “proper time” for the fulfillment of the mitzvah.[13] This interpretation is suggested by R. Yosef Karo, the author of the Shulchan Arukh, in his commentary to Rambam’s Mishneh Torah. In Karo’s view, Rambam holds that the “by the end of the third hour” rule is a Rabbinic stringency imposed upon the basic Toraitic (de’oraita) standard, which requires only that the shema be said during the daytime, the time of “rising up.”[14]

Most authorities do not accept this interpretation of Maimonides; for them, the “proper time” for reciting the morning shema, even according to the Torah, is the first quarter of the day.[15] Yet the undeniable existence of this interpretation, along with the fact that it is not forbidden to recite the shema and its blessings after the end of the third hour, offers support for our Reform practice to recite the shema after 10:00 AM. Given the positive reasons for which we schedule our services later in the morning, we believe that we stand upon solid traditional ground.

2. The Morning Tefilah. The Mishnah records the following dispute: “The morning tefilah (tefilat hashachar) is recited until noon; Rabbi Yehudah says it is recited until the end of the fourth hour.”[16] The argument centers over a disagreement as to when the tamid shel shachar, the public morning sacrifice brought daily in the Temple, was offered at noon or by the end of the fourth hour.[17] The halakhah is decided according to R. Yehudah;[18] hence, the morning tefilah must be recited before the end of the first third of the daytime. Again, many Reform services would miss this deadline, reciting the tefilah later than its set time. On the other hand, one who recites the tefilah after the fourth hour but before noon – the mid-point of the daylight hours – fulfills the mitzvah of prayer, even though he or she does not achieve the merit of praying at the set time.[19] Reform congregations do recite the tefilah prior to noon.

Further, we would note that the traditional set times for the tefilot are not relevant in a Reform Jewish context. Each of the fixed prayers – shacharit, minchah, arvit, and musaf – is scheduled to correspond to a sacrifice or a related event at the ancient Temple.[20] Reform Judaism has long since abandoned this connection.[21] We have instead returned to a different, earlier understanding of prayer times,[22] one that schedules prayer not according to activities in the Temple but according to “astronomical” criteria, to the time of day. The Talmud itself cites Daniel’s custom to pray three times daily and suggests with the Psalmist that these times are “evening, morning, and afternoon.”[23] We pray at these times of day, in other words, not because our ancestors brought sacrifices at those hours but because they are regarded as natural and proper times to turn to God with words of praise and supplication. If morning is one of those times, then we should define it in the way it is customarily defined in our culture, not by its association with the tamid shel shachar: “morning” is that part of the day prior to noon. And as we have noted, we begin our services later in the morning in order to enable more people to attend them and to fulfill the mitzvah of public prayer.

3. Service Times and Exceptional Circumstances. Our Reform custom to hold services in the late morning is therefore a valid expression of Jewish liturgical tradition, reflecting both its letter and its spirit. Our discussion implies, however, that our morning service at any rate be held in the morning, a requirement that would seem to pose a hardship to the family at the center of our she’elah. Can their special needs be satisfied within a principled understanding of our own Reform liturgical practice? We offer the following comments and suggestions.

(1) The set schedule for synagogue services should not be altered for the convenience of individual members. It is especially important to make this point in connection with the observance of Bar/Bat Mitzvah, a minhag that tends to overwhelm the regular weekly observance of Shabbat in our congregations. The Shabbat service is a synagogue service, a communal event, and not a private simchah.[24] To change the starting time for the benefit of the Bat Mitzvah’s family would tend to give the opposite impression.

(2) In this case, however, the congregation does not have a regular Shabbat morning service. The community assembles on Saturday mornings, at either 10:00 AM or 11:00 AM, only when the service is held in conjunction with a Bar/Bat Mitzvah observance. Given that these services by their nature are special events, there would be no objection to scheduling them later than the usual starting time, provided that they remain morning services, that is, the congregation should be able to recite both the shema and the tefilah before noon. This suggests a starting time of no later than 11:30 AM.

(3) If the grandfather cannot be brought to the synagogue by that hour, the service might pause briefly between the tefilah and the Torah reading in order to give him time to arrive.[25]

(4) Alternately, the Bat Mitzvah observance might be scheduled at minchah.[26] Although the family feels that a Shabbat morning service is a more “rewarding” experience, a bit of liturgical creativity can lend a similar feel to the minchah service. The young person might read a bit more Torah than is normally read at minchah,[27] and she may also recite her haftarah, albeit without the blessings.[28]

(5) Finally, all the above applies only if it is truly impossible or unfeasible for the grandfather to be awakened early to be brought to the synagogue. In the event that he can arrive by the normal starting time, we should not delay the beginning of services.

This last point deserves emphasis. We want to do everything we can to respond to this family’s special situation. At the same time, a large part of becoming a Bat Mitzvah is the acceptance of Jewish communal responsibilities. One of those responsibilities is to participate in the religious rituals of the community, observances that are created by our tradition and defined by a set of rules. Among these rules are the set times for the recitation of the shema and the tefilah. There is flexibility in the way we interpret and apply these rules, but because the rules possess substance and meaning for us, there are limits to that flexibility. This is a reality that should be recognized by all members of the community, including the bat mitzvah and her family on her special day.

NOTES

“A numerous people is the glory of the king” (Proverbs 14:28). From this, the Sages infer that it is better to pray in a larger rather than in a smaller assembly. See B. Berakhot 53a and Megilah 27b; Magen Avraham, Orach Chayim 90, no. 15; Mishnah Berurah, Orach Chayim 687, no. 7.

“‘May my prayer to You be at a time of favor’ (Psalms 69:14). When is this ‘time of favor’? When the community prays together”; B. Berakhot 7b-8a. Thus, “one must join the community to pray, and one must not pray alone when one is able to pray with a congregation”; Yad, Tefilah 8:1 See also Shulchan Arukh Orach Chayim 90:9.

See M. Berakhot 1:3. As we shall see, the word “morning” may not be precise; it may be permissible to recite the Shema at any time during daylight hours. Still, the sources all speak of keri’at shema shel shacharit, that is, the morning shema.

M. Berakhot 1:2. The other opinion in the Mishnah holds that the shema must be recited by sunrise. This is now recognized as the standard of the “vatikin” (i.e., those who are particularly stringent in their observance of the mitzvot; Bartenura to M. Berakhot 3:5 and M. Dema’i 6:6) rather than the standard applied to all. Since sunrise is the earliest time that the tefilah may be recited, those who are particularly strict seek to recite the shema right at sunrise, so that the two rubrics may be recited together (B. Berakhot 9b: keday sheyismokh ge’ulah letefilah).

B. Berakhot 10b (Shmuel declares that the halakhah follows the viewpoint of R. Yehudah in the Mishnah); Yad, Keri’at Shema 1:11; Shulchan Arukh Orach Chayim 58:1.

Shulchan Arukh loc. cit. On the sha`ah zemanit, see Rambam’s commentary to M. Berakhot 1:2. Some authorities rule that we begin to measure these twelve temporal hours at dawn (see Magen Avraham, Orach Chayim 58, no. 1), while others say that the daytime for this purpose begins with sunrise (Bi’ur HaGRA, Orach Chayim 459, no. 2).

M. Berakhot 1:2; Yad, Keri’at Shema 1:12 and Tur, Orach Chayim 58.

Mishnah Berurah, Orach Chayim 58, no. 27.

M. Berakhot 1:4. “Ahavah Rabah” is the name of the second berakhah in the Ashkenazic rite; Sefardim begin that benediction with the words Ahavat Olam, as they (and all other rites) do in the evening.

Yad, Keri’at Shema 1:13. The Talmud (Berakhot 10b) explains the Mishnaic phrase “one who recites it (after the third hour) loses nothing” as: one does not lose the opportunity to say the benedictions that accompany the shema. Rambam cites this explanation in his Commentary to M. Berakhot 1:2. See also Sefer HaChinukh, mitzvah 420.

Chidushey HaRashba, Berakhot 10b, citing “Tosafot”, and Mishnah Berurah, Orach Chayim 58, in Bi’ur Halakhah, s.v. kor’ah belo birkhoteha.

Most authorities hold that it is forbidden to recite the accompanying blessings of the shema after the end of the fourth hour – i.e., one-third – of the day. This ruling is attributed to Hai Gaon; see Hilkhot HaRosh, Berakhot 1:10 and Chidushey HaRashba, Berakhot 10b, who explain that Hai arrives at his “fourth hour” limit by linking the shema to the tefilah, which according to the accepted halakhah (see below) is to be recited by the end of the fourth hour. The Tur and the Shulchan Arukh, Orach Chayim 58:6 adopt this position as well, as do “most of the acharonim” (the authorities who have flourished since the publication of the Shulchan Arukh); see Mishnah Berurah, Orach Chayim 58, in Bi’ur Halakhah, s.v. kor’ah belo birkhoteha.

The theory is that, were it unacceptable to recite the shema past the third (or fourth) hour, it would be forbidden to recite the blessings. A blessing recited at an inappropriate time is considered a berakhah levatalah, quite possibly an instance of taking God’s name in vain (see note 26, below). A number of the authorities cited in the preceding note make this very point in limiting the recitation of the blessings to the fourth hour or to noontime.

Kesef Mishnah, Keri’at Shema 1:13. This interpretation proceeds from a consideration of the evening shema. Although the settled halakhah is that one must recite the evening shema before midnight, this is understood to be a Rabbinic stringency. As far as the Torah law is concerned, one fulfills one’s obligation by reciting the shema at any time during the night, because the entire night is “the time of lying down” (M. Berakhot 1:1; Yad, Keri’at Shema 1:9). Karo posits that the same is true for the morning shema: if beshokhbekha means “all night long,” then uvekumekha means “all day long.” Though the Rabbis have introduced their stringency, the Torah would permit the recitation of the shema throughout the “time of rising up,” i.e., the entire daytime period.

Both Magen Avraham (Orach Chayim 58, no. 7) and Turey Zahav (Orach Chayim 58, no. 4) reject Karo’s interpretation of the Torah’s language uvekumekha, “and when you rise up.” This, they say, does not mean “when you are awake” but rather “when you arise from sleep,” i.e., during the early part of the morning. By contrast, beshokhbekha, “and when you lie down,” can be and is interpreted to mean “when you are in bed,” i.e., the entire night. Magen Avraham notes that this insight is adopted by the earlier Sefer HaChinukh, mitzvah 420. See also R. Chizkiyah Da Silva (17th-cent. Eretz Yisrael), Peri Chadash to Orach Chayim 58, no. 1, for a detailed refutation of Karo’s theory.

M. Berakhot 4:1. The phrase ad arba sha`ot is translated “until the end of the fourth hour” according to the Talmud’s conclusion at B. Berakhot 27a.

B. Berakhot 26b; Tosefta Berakhot 3:1.

B. Berakhot 27a: the halakhah follows the individual opinion of R. Yehudah against the anonymous viewpoint because M. Eduyot 6:1 supports his position. See Yad, Tefilah 3:1 and Shulchan Arukh Orach Chayim 89:1.

See Yad and Shulchan Arukh, loc. cit.

According to the baraita in support of R. Yehoshua ben Levi in B. Berakhot 26b and Tosefta Berakhot 3:1. Although no sacrifice was offered at night, the baraita notes that the internal organs that had been placed upon the fire for the minchah offering were consumed at that time. The ne`ilah prayer on Yom Kippur corresponds to the “closing of the gates” of the Temple at the end of the day; M. Ta`anit 4:1; Tosefta Berakhot 3:2.

Witness to this is our omission of the musaf prayer. Musaf, more than any other prayer, expresses the traditional link between tefilah and the sacrifices. Indeed, it is seen as the fulfillment of Hosea 14:3: “instead of bulls, we will pay the offering of our lips”; Tosafot, Berakhot 26a, s.v. i’ba`aya.

Relevant here is a baraita in B. Berakhot 26b, cited in support of R. Yose b. R. Chanina, who holds that “the Patriarchs established the times for prayer.” This position is not the “officially” accepted narrative for the origins of the daily cycle for prayer (see Yad, Tefilah 1:5), quite possibly because it does not account for the establishment of musaf. It does show, however, that the tradition is not unanimous in determining the prayer times in accordance with the daily schedule at the Temple.

B. Berakhot 31a, on Daniel 6:11 and Psalms 55:18.

On this point, see our responsum no. 5758.9, “Transporting a Torah Scroll to a Private Bat Mitzvah Ceremony,” and responsum no. 5762.6, “Bar/Bat Mitzvah on a Festival,”

Aside form its being part of the “morning” service, there is no set hour for the reading of Torah on Shabbat. But while it would be permissible to read Torah later than 12:00 noon, those organizing the service must be cognizant of tircha detzibura, the possibility that the delay will be a burden upon the congregation.

In most cases, we discourage the practice of holding Bar/Bat Mitzvah observances at Shabbat minchah (see the responsa in the preceding note). The reason is that most of our congregations do not hold a regular weekly Shabbat minchah service, so that the Bar/Bat Mitzvah observance would perforce be a private rather than a public, congregational event. In this case, where even the Shabbat morning service would be held only when a Bar/Bat Mitzvah is being observed, the distinction between shacharit and minchah disappears.

The minchah reading normally consists of ten verses from the parashah of the subsequent Shabbat; B. Bava Kama 82a, Shulchan Arukh Orach Chayim 292:1.

Since the haftarah is normally not read on Shabbat at minchah, the recitation of the blessings would be an instance of berakhah levatalah or “an unnecessary berakhah,” and it is forbidden to recite a blessing when one is not required to do so. See Encyclopedia Talmudit, v. 4, 280-285.There is no objection, however, to reading from the Prophets without the berakhot.

If needed, please consult Abbreviations used in CCAR Responsa.