More Discussions for this daf
1. Freeing one's self 2. Afflictions of Love 3. Tenth son
4. Davening 5. Aba Shaul was upset for only two things in his life 6. Keri'at Shema Al ha'Mitah
7. Exemptions to the Bedtime Shema 8. Yisurim Shel Ahavah 9. The tooth borne by Rebbi Yochanan
10. Reference Gemara 11. Forced to sell 12. Al Tikrei
13. correction Afflictions of Love 14. Loss of Children 15. Olam HaBa
16. TALMID CHOCHUM 17. Rav Yochanan and the bone of his tenth son
DAF DISCUSSIONS - BERACHOS 5

Dov asks:

Rabbi Yosi and Abaye assert that a Talmid Chacham needs not recite the bedtime Shema. This is the ruling of the Rif and Rosh. In the introduction to the Beis Yosef, Rav Yosef Karo writes that whenever the Rif and the Rosh are in agreement, he will rule like them. So why is this halacha omitted from the Beis Yosef and the Shulchan Aruch?

It is not feasible to explain the omission based on the fact that we are lacking Talmidei Chachamim of sufficient caliber today for two reasons:

1. The Shulchan Aruch does indeed bring laws that are exclusive to those who are Toraso Oomnaso as we see in Orach Chaim 106:2 and 146:2, Yoreh Deah 243:2, and Choshen Mishpat 4:2.

2. It seems from Abaye that even a Talmid Chacham who is constantly learning must recite a pasuk of rachamim. But there is nothing unique about the Talmid Chacham in this regard. Even one who is not a Talmid Chacham should be entitled to recite an appropriate pasuk and is exempt from the bedtime Shema.

So why does Rav Yosef Karo omit the exemption from the obligation of the bedtime Shema?

Thank you in advance,

Dov, Ramat Beit Shemesh

The Kollel replies:

Dear Dov,

The first question to answer here is why did the Rambam leave out the caveat of the Talmid Chacham? If we understand that then we will understand why the Shulchan Aruch left it out. After that we will answer your question: why did the Shulchan Aruch seem to rule like the Rambam against the Rif and the Rosh?

If one examines the Rambam (Hilchos Tefilah, 7:2) one sees that the Rambam allows someone who cannot stay awake to read one Pasuk of Krias Shema or one Pasuk of Rachamim. The Rambam doesn't distinguish between a Talmid Chacham and a layman. Where did the Rambam get this from? What is his Mekor? The Netziv z"l, in his Sefer Meromei Sadeh, says that his Mekor is the Gemara in Berachos (4b) that says that a Talmid Chacham doesn't have to say Krias Shema but he at least has to say one Pasuk of Rachamim. How could this be? The Rambam does not mention the term Talmid Chacham.

The answer, says the Netziv, is this Gemara is based on another Gemara in Bava Basra (10a) that says that Talmidei Chachamim push themselves to remain awake to study Torah (and therefore they usually are involuntarily overcome with sleep). So according to the Netziv our Gemara in Berachos is not giving a special Heter to Talmidei Chachamim not to say Krias Shema. If they go to bed normally they should say Krias Shema Al haMita like everyone else. The Gemara is just telling us what they should do if they don't have the stamina to say Krias Shema properly - which is usually the case with Talmidei Chachamim. But in fact the same would apply to non-Talmidei Chachamim who are falling asleep and can't say the whole thing (the Netziv adds, however, that it is not appropriate for non-Talmidei Chachamim to put themselves in this situation where they can only say one Pasuk. But Talmidei Chamchamim, since they are pushing themselves to say up to learn more Torah, it is appropriate).

Now to answer your question: it is certainly possible that the Rif and the Rosh agree with this interpretation of the Gemara even if it is not the simple Pshat. They simply quote the Gemara verbatim. So we don't have to say that the Shulchan Aruch is taking sides with the Rambam against the Rif and the Rosh. Everyone agrees that there is no special Heter for a Talmid Chacham not to say Krias Shema. The Gemara was just telling us what anyone does when they can't stay awake. The question that remains, though, is why didn't the Shulchan Aruch mention this Din of the Rambam of one who can't stay awake? This requires further investigation.

Kol Tuv,

Yonasan Sigler

This is not a Psak Halachah