The gemara beginnig on 8b and continuing onto 9a, states that one can recite the krias shema of evening or of morning during the period of time between alos hashachar and neitz hachama. This is because there are a small percentage of people who are then getting up already and a small percentage of people who are still sleeping. So, the gemara concludes that the small percentage is sufice to rely on bishas hadchak. On 9a in the mishna were taught that since kings (a small percentage os society) arise up until 3 hours into the day, we therfore may recite krias shema up until that time. This time though even lechatchila. Why do we rely now on the samll percentage lechatchilas where as earlier we only rely on it bsahs hadchak? Is a small percentage suffice to rely on or not?
Shmuel Wagner, Lakewood, NJ
You ask why, regarding the period between Amud ha'Shachar, R. Shimon permits reciting the night Keri'as Shema Bedi'eved (I am confining my remarks to the second Lashon for clarity sake) based on the fact that some people are still sleeping at that moment. Yet exactly the same argument --that kings are still sleeping until late morning-- permits reciting the morning Shema up until three hours - Lechatchilah?
It seems to me that the Gemara itself answers the question, when it says 'Really it is considered day, and it is only called night because ... '. True, some people may well be sleeping, but this clashes with the fact that it is daytime, which ought to be reserved for the morning Shema. Consequently, the argument that 'some people are still sleeping' only works Bedi'eved.
On the other hand, the fact that some people are still sleeping up to three hours works in conjunction with the fact that it is daytime and an appropriate time for the Shema of the day. Consequently, it is permitted Lechatchilah. That is, "sleeping time" and "waking time" are not the sole criteria for when to say Shema. It is clear that a second factor is involved: one Shema should be said at night and one by day . (Otherwise, we should be allowed to say the "sleeping" Shema until the third hour of the day.)
Kov Tuv,
R. Eliezer Chrysler
R. Eliezer Chrysler