Greetings. I have two questions. Since there are several different times for reciting Shema from the mishna and braisas, does that mean the different Jews followed different times?!
Second, since Rabbi Yehudah allows being yotsi Shma of night of the following day after plag mincha (as does Rabbenu Tam), how does he understand "beshachbecha"?? Thanks
David Goldman, USA
1) Presumably Jews followed different times. We find in other areas of Halachah that there were different pratices according to the opinion of the local Sage. For instance, the Gemara in Shabbos 130a tells us that in the city of Rebbi Yosi ha'Glili they used to eat chicken with milk, until the Halachah was fixed for the entire Klal Yisrael that this is forbidden.
2) Tosfos (Berachos 2b, DH Omer) writes that Rebbi Yehudah does not make a Derashah from the word "b'Shochbecha." See Mitzpeh Eisan, who writes that Rebbi Yehudah follows the opinion of his teacher Rebbi Tarfon (see Nedarim 49b) who maintains (Mishnah, end of 10b) that Keri'as Shema at night must be recited lying down.
Kol Tuv,
Dovid Bloom
Thank you. I guess I did assume that Jews in different locations followed different shitas, and nothing was regimentated with standardization. But there was a shita that not eating birds with milk was also a d'oraisa (according to the Bach), so I wonder how R. Yehuda saw that.
In any event I have always wondered why the gemara always considers his views keneged all other chachamim. It sounds like he and his shitas were very very important.
In any case, I assume like in many other cases of shitas in the Talmud, the sheer ambiguity of pesukim made it possible to have different authentic shitas, and Hashem wanted it that way...
DG
1) I do not know what the Shitah of Rebbi Yehudah is concerning eating birds with milk. Tosfos (Chulin 113a, DH Basar) writes that it is only Rebbi Akiva who maintains that birds with milk are not prohibited Min ha'Torah whilst according to the Rabanan it is forbidden by the Torah. However, the Gemara (Yevamos 62b) states that Rebbi Meir, Rebbi Yehudah, Rebbi Yosi, Rebbi Shimon and Rebbi Elazar ben Shamua were all students of Rebbi Akiva. Perhaps Rebbi Yehudah followed his teacher, Rebbi Akiva, that fowl with milk is prohibited only mid'Rabanan.
2) The Gemara in Eruvin 46b states that when there is a dispute between Rebbi Meir and Rebbi Yehudah, the Halachah follows Rebbi Yehudah, but if there is a dispute between Rebbi Yehudah and Rebbi Yosi, the Halachah follows Rebbi Yosi. In addition, the Halachah follows Rebbi Yehudah when he argues with Rebbi Shimon. So it seems that Rebbi Yehudah is the second most authoritative decisor after Rebbi Yosi.
3) We see the greatness of Rebbi Yehudah from the Gemara in Nedarim 49b-50a, where we read that Rebbi Yehudah was so poor that he and his wife possessed only one nice cloak which they shared between them. On one occasion, Raban Shimon ben Gamliel announced a public fast day and everyone was expected to come to a public assembly. Rebbi Yehudah did not go because he had no suitable clothing with which to appear in public. (The Maharsha writes that his wife may have had to go out and was wearing their only cloak.) Raban Shimon ben Gamliel sent him a respectable cloak but Rebbi Yehudah did not want to accept it. He lifted up the mat he was sitting on and a miracle happened and gold coins appeared under the mat. Rebbi Yehudah told Raban Shimon ben Gamliel's emissary that he did not want to enjoy the wealth of this world, which is why he would not use the gold.
Kol Tuv,
Dovid Bloom