(Mishnah - Beis Shamai): At night, one should [lie down and] lean [on his side] and recite [Shma]. In the morning, he should stand to say it -- "uv'Shachbecha uv'Kumecha";

Beis Hillel says, one should recite in whatever position he is -- "uv'Lechtecha va'Derech."

Question: If so, what do we learn from "uv'Shachbecha uv'Kumecha"?

Answer: We recite at the time that [most] people lie down and rise.

(Gemara) Question: [Our Mishnah teaches how] Beis Hillel fulfill two verses (theirs, and Beis Shamai's). How do Beis Shamai fulfill "b'Shivtecha b'Veisecha uv'Lechtecha va'Derech"?

Answer: "B'Shivtecha b'Veisecha" excludes one who is engaging in Mitzvos. "Uv'Lechtecha va'Derech" excludes a Chasan. (Even when not engaging in the Mitzvah, he is exempt due to distraction.)

(Beraisa): A case occurred in which R. Elazar ben Azaryah and R. Yishmael were staying in a place. R. Elazar ben Azaryah was reclining and R. Yishmael was erect. When the time for [the morning] Shma came, R. Elazar straightened himself and R. Yishmael reclined.

R. Elazar ben Azaryah (to R. Yishmael): [If one] said to a man in the market 'how nice is your long beard', and he says "it will be shaved off" [this is like you did]!

I was reclining, and I straightened up (to fulfill "uv'Kumecha"), and you, who were erect, reclined!

R. Yishmael: You straightened up like Beis Shamai. I reclined like Beis Hillel!

Also, perhaps Talmidim will see me [erect] and they will fix the Halachah permanently like Beis Shamai's words!

(Mishnah - R. Tarfon): I was on the road and leaned to say Shma, like Beis Shamai -- I endangered myself due to bandits.

Chachamim: You were liable to bring guilt to yourself (die), for you transgressed Beis Hillel's words!

(Gemara - Talmidim citing R. Yochanan): Divrei Sofrim are close to Divrei Torah and dear like Divrei Torah - "v'Chikech k'Yein ha'Tov."

(Shimon bar Vah citing R. Yochanan): Divrei Sofrim are close to Divrei Torah and dearer than Divrei Torah - "Ki Tovim Dodecha mi'Yayin."

Support (R. Ba bar Kohen citing R. Yudah bar Pazi): Divrei Sofrim are dearer than Divrei Torah, for R. Tarfon, had he not read [Keri'as Shma], he would have transgressed only an Aseh. Through transgressing Beis Hillel (who permit to recite Shma while traveling), he became Chayav Misah due to "u'Foretz Gader Yishchenu Nachash."

Note: It seems that Divrei Sofrim is whatever Chachamim expounded, even if it is Torah law. Below we say that one who says that there are five boxes in Tefilin, he adds to Divrei Sofrim. (PF)

(Beraisa - R. Yishmael): Divrei Torah have Isur and Heter. There are lenient laws and stringent laws. However, Divrei Sofrim are all stringent;

Proof (Mishnah): If one says that there is no Mitzvah of Tefilin, to transgress Divrei Torah, he is exempt [from the law of Zaken Mamrei. If he says that] there are five boxes, to add to Divrei Sofrim, he is liable.

(R. Chinena brei d'Rav Ada citing R. Tanchum bar R. Chiya): Divrei Zekenim (Chachamim) are more stringent than Divrei Nevi'im, for it says "Al Tatifu Yatifun Lo Yatifu la'Eleh Lo Yisag Kelimos", and it says "Atif Lecha la'Yayin vela'Shechar..." (Hash-m did not want to give Divrei Nevi'im to unworthy people, but he gave Divrei Zekenim in any case.)

A Navi and Chacham, what do they resemble? It is like a king who sent two agents to a country. He wrote about one of them "if he does not show my signet and stamp, do not believe him." He wrote about the other "even if he does not show my signet, believe him without a signet or stamp."

So it says about a Navi, "v'Nasan Elecha Os Oh Mofes." However, it says here [about Chachamim] "Al Pi ha'Torah Asher Yorucha."

Limitation: [R. Tarfon was liable for transgressing Beis Hillel] after the Bas Kol (voice from Heaven) went out [and said that the Halachah follows Beis Hillel], but before the Bas Kol [it was different];

Anyone who wants to be stringent on himself to follow the stringencies of Beis Shamai and the stringencies of Beis Hillel [even when they are inconsistent], it says about this "veha'Kesil ba'Choshech Yelech"(a fool walks in darkness).

If one follows the leniencies of both, he is called a Rasha;

Rather, one should follow the stringencies and leniencies of this [academy], or the stringencies and leniencies of this one.

This is before the Bas Kol. However, after the Bas Kol, the Halachah follows Beis Hillel, and anyone who transgresses the words of Beis Hillel is Chayav Misah.

(Beraisa): A Bas Kol went out and said 'these and these are words of Elokim ChayimyyyChiya. However, the Halachah follows Beis Hillel.

Question: Where did the Bas Kol go out?

Answer #1 (R. Bivi: citing R. Yochanan): The Bas Kol went out in Yavneh.

(Mishnah): In the morning one says two Berachos before Shma and one afterwards. In the evening one says two Berachos before Shma and two afterwards;

One of them (of the two afterwards) is long, and the other is short;

Where Chachamim said that a long Berachah should be said, one may not say a short Berachah, and vice-versa.

[Where Chachamim said] to be Chosem (to end the Berachah with "Baruch..."), it is forbidden not to be Chosem. Where they said not to be Chosem, one may not.

(Gemara - R. Simon citing R. Shmuel bar Nachman): [The extra Brachah at night] is based "v'Hagisa Bo Yomam va'Laylah" - the Hegiyos (Parshiyos and Brachos) of the day and night should be equal. (In Eretz Yisrael, they said only the first two Parshiyos of Keri'as Shma at night, so they added a fourth Brachah, so the total number will be seven, like in the morning.)

(R. Yosi bar Avin citing R. Yehoshua ben Levi): It is based on "Sheva ba'Yomam Hilalticha Al Mishpetei Tzidkecha" (the total number of Brachos in the day should be seven. (RASHBA, Teshuvah 51 - he did not say like R. Simon, for he holds that we say all three Parshiyos also at night.)

(Rav Nachman citing R. Mana): Anyone who fulfills "Sheva ba'Yomam Hilalticha"; it is as if he fulfilled "v'Hagisa Bo Yomam va'Laylah."

Question: Why do we recite these two Parshiyos (Shma and v'Hayah Im Shamo'a) every day [morning and evening? He did not ask about Parshas Tzitzis; it is in order to fulfill remembering Yetzi'as Mitzrayim - CHAREDIM.]

Remark: R. Levi and R. Simon argue about this.

Answer #1 (R. Simon): It is because lying down and rising are written in them.

Answer #2 (R. Levi): It is because the 10 Dibros are included in them;

"Anochi Hash-m Elokecha" is included in "Shma Yisrael Hash-m Elokeinu." "Lo Yihyeh Lecha Elohim Acherim Al Panai" [is included in] "Hash-m Echad";

"Lo Sisa Es Shem Hash-m Elokecha la'Shav" - "v'Ahavta Es Hash-m Elokecha" - one who loves the king does not swear in his name falsely.

"Zachor Es Yom ha'Shabbos Lekadsho" - "Lema'an Tizkeru [v'Asisem Es Kol Mitzvosai]";

(Rebbi): This refers to Mitzvas Shabbos, which is as important as all the Mitzvos of the Torah. "V'Es Shabbos Kodshecha Hodata Lahem u'Mitzvos v'Chukim v'Sorah Tzivisa..." teaches that [Shabbos] is as important as all the Mitzvos of the Torah.

"Kaved Es Avicha v'Es Imecha" (the Torah promises long life for this) - "Lema'an Yirbu Yemeichem vi'Ymei Veneichem."

"Lo Sirtzach" - "va'Avadtem Meherah." Whoever kills, he is killed.

"Lo Sin'af" - "v'Lo Sasuru Acharei Levavchem v'Acharei Eineichem";

(R. Levi): The heart and eye are two brokers of sin.

It says "Tenah Veni Libcha Li v'Eineicha Derachai Titzornah" - Hash-m said, if you give to Me your heart and eyes, I know that you are to Me.

"Lo Signov" - "v'Asafta Deganecha", and not your colleague's grain. (MASA D'YERUSHALAYIM asks that that "Lo Signov" refers to kidnapping, like Rashi says (Shmos 20:13, based on Bavli Sanhedrin 86a and Mechilta)! According to our text of the Yerushalmi (Sanhedrin 8:3, 11:2) "Lo Signov" is a warning for the first theft of a Ben Sorer u'Moreh; perhaps it forbids all monetary theft. However, TZAFNAS PANE'ACH and R. MEIR SIMCHAH prove that the text should say that "Lo Signovu" (in Parshas Kedoshim) forbids the first theft, and the Lav for the second theft is "Lo Signov" in Aseres ha'Dibros, which has Misas Beis Din; it forbids also kidnapping.

"Lo Sa'aneh v'Re'acha Ed Shaker" - "Ani Hash-m Elokeichem", and it says "Hash-m Elokim Emes";

Question: What is 'Emes'? (Why do we say that it is Hash-m's signet?)

Answer (R. Avun): He is Elokim Chayim and Melech Olam. (Emes is the acronym of Elokim Melech Tamid.)

(R. Levi): Hash-m said, if you testified about your colleague false testimony, I consider it as if you testified about Me, that I did not create Shamayim and Aretz.

"Lo Sachmod Beis Re'echa" - "u'Chsavtam Al Mezuzas Beisecha" - your house, and not your colleague's house.