(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.

(Mishnah): An appointed Kohen would tell them (the Kohanim of the Mishmar) to say one Berachah; they blessed.

Question: What Berachah did they say?

Answer (Rav Masneh citing Shmuel): It was Birkas ha'Torah (Ahavah Rabah).

They recited Aseres ha'Dibros, Shma, v'Hayah Im Shamo'a, and va'Yomer (Parshas Tzitzis).

Inference (R. Ami citing Reish Lakish): The Berachos [of Keri'as Shma] are not Me'akev [for we interrupt between Ahavah Rabah and Keri'as Shma]!

Rebuttal (R. Ba): You cannot learn from here at all, for Aseres ha'Dibros are the essence of Shma (they are not an interruption. We explained this like R. MEIR SIMCHAH, HA'GAON RAV C. KANIEVSKY, SHLITA.)

(Rav Masnah and R. Shmuel bar Nachman): It would have been proper to enact saying Aseres ha'Dibros every day. Why don't we recite them? It is due to claims of heretics, lest they say that only these were given to Moshe on Sinai.

(Rav Masnah and R. Shmuel bar Nachman): It would have been proper that we say Parshas Balak every day. Why don't we recite it? It is lest we burden the Tzibur (it is very long).

Note: There is an implied question - why would it be proper to say it every day? The main reason is because the Navi (Michah 6:5) says "remember what Balak plotted, and what Bil'am answered... in order to know Tzidkos Hash-m." The coming reasons are why we should say it more than other matters that we are commanded to remember.

Answer #1 (R. Chunah): It is because it is written in it lying down and rising.

Answer #2 (R. Yosi bei R. Bun): It is because it is written in it Yetzi'as Mitzrayim and [Hash-m's] kingship.

Answer #3 (R. Elazar): It is because it is written in Torah, Nevi'im and Kesuvim (this shows that it is very important).

(Mishnah): An appointed Kohen would tell them to say one Berachah; they blessed.

What Berachah did they say? Rav Masneh citing Shmuel said, it was Birkas ha'Torah (Ahavah Rabah).

Question: They did not bless Yotzer ha'Me'oros (the first Brachah before Shma. Why did they bless the second Brachah before Shma?)

Answer (R. Shmuel, the brother of R. BeraChiya): The luminaries did not yet come out. Will you say Yotzer ha'Me'oros?!

(Mishnah): On Shabbos they gave an extra Berachah to the departing Mishmar.

Question: What Berachah was this?

Answer (R. Chelbo): It was "the One who made His name dwell in this house should put among you Ahavah (love), Achvah (brotherhood), Shalom (peace), and Re'us (companionship)."

(Shmuel): One who rises to learn before Keri'as Shma, he must bless [Birkas ha'Torah. If he learns only] after Keri'as Shma, he need not bless [for he was Yotzei through Ahavah Rabah].

(R. Ba): This is if he learned immediately afterwards. (PANIM ME'IROS - Birkas ha'Torah is three Brachos, for Mikra, Mishnah and Talmud. Ahavah Rabah is one Brachah. Stam, it exempts only Mikra, unless he learns Mishnah and Talmud immediately. Then, he reveals that he intended it to exempt all of them.)

(R. Chunah): It seems that one must bless for Midrash, but he need not bless for Halachos (it does not resemble Mikra).

(R. Simon citing R. Yehoshua ben Levi): One must bless both for Midrash and Halachos.

(R. Chiya bar Ashi): We used to sit in front of Rav, and he obligated us to bless for both for Midrash and Halachos.

(Beraisa): One who recites with Anshei Ma'amad (Yisraelim who oversee the Avodah) was not Yotzei, for they delay [until the Tamid is totally offered. R. SHLOMO SIRILIYO - this is like the opinion that one must finish Keri'as Shma before sunrise.)

(R. Ze'ira citing R. Ami): In the days of R. Yochanan, we used to go out to a [Tefilas Tzibur on a] Ta'anis and we recited Keri'as Shma after three hours, and he did not protest against us.

R. Yosi and R. Acha went out to a Ta'anis. The Tzibur came and recited Shma after three hours. Rav Acha wanted to protest against them.

R. Yosi: They already recited in its time (R. SHLOMO SIRILIYO - through Keri'as Shma in Korbanos)! They recite it now only to enter Tefilah amidst Divrei Torah. (CHAREDIM, MAHARA FULDA - also R. Ami was Yotzei beforehand, and recited it again. R. Yochanan did not protest, like R. Yosi, and unlike R. Acha.)

R. Acha: [We should protest] due to commoners, lest they say that they recite it in its time (i.e. the time is even after three hours).