Be'ezrat Hashem, we're starting hilchot tefillah (Laws of prayer). Maran says it’s not very complicated here: zman tefillat hashachar, the time to pray Shacharit (morning prayer), mitzvatah means this is the best, the best way to do it, Albert, sheyatchil im hanetz hachamah (that he begin with sunrise). You should start the amidah (standing prayer) with netz (sunrise), kidichtiv (as it says), yira'ucha im shemesh (may they fear You with the sun). They should see you with the sun, or they should fear you with the sun. Now, that’s lechatchilah (ideally).
Let’s see the Mishnah Berurah. Im hanetz, hi hasha'ah shehachamah matchelat lizro'ach berashei heharim (the time when the sun begins to shine on the tops of the mountains). That’s when the sun first starts shining on the tops of the mountains. We had a whole discussion; if you look in Ish Matzliach, he says to look in siman (section) 58. There’s a whole discussion about it. Vera'ui venachon lehizaher bazeh lechatchilah (it is proper and correct to be careful about this ideally): a person should be careful to pray at netz, af bimei haselichot (penitential prayers), even during selichot.
What’s so special about selichot? Since be'etzem (in essence), the right time for selichot is bimei ha'ashmorot (the watches of the night), so really, for selichot you have to get there before alot hashachar (dawn). You should finish the selichot before alot hashachar. So you go, and then you have to wait until netz. It’s a full 72 minutes, right? So it’s a long time. Lechatchilah, that’s what you should do. Vegam bachoref (and also in the winter), when people get up early and come to the Beit HaKeneset (synagogue), because they can’t sleep anymore, yamtinu milhitpalel ad hanetz (they should wait to pray until sunrise). They should wait to pray until netz, as discussed earlier in siman 58, se'if (subsection) 1.
But when a person gets up to travel, or in a similar case of pressure or circumstances beyond his control, when he is permitted to pray earlier, as we’ll say in se'if 8, at least he should wait before making a berachah (blessing) on the tefillin (phylacteries). He should wait until he can recognize a friend he sees regularly from a distance of four amot (cubits). Before that, it is forbidden to make a berachah on them, as discussed earlier in siman 30, se'if 1. See the Mishnah Berurah there; there’s a long discussion about exactly how to determine that.
The Pri Megadim writes in siman 694 that on the holiday of Shavu'ot, when people stay up all night, they are allowed to pray before netz. Because if they go home early in the morning, it will be difficult for them to gather a second time. Why don’t they learn straight through? I don’t know. In any case, one should be careful not to recite keri'at Shema (recitation of the Shema) so early. You shouldn’t say Shema so early—that is, before one can see and recognize a friend he sees regularly from a distance of four amot—because that is forbidden ideally, as discussed earlier in siman 58.
It’s funny, because over there he was lenient on Hoshana Rabbah and allowed them to pray early because they had to start early. So why, why can’t he allow it here? I understand: over there he is lenient about saying keri'at Shema early because you have nefishei rachamei (abundant mercy). So too here—let the person say keri'at Shema early, as you let him say it early on Hoshana Rabbah.
Okay. Now Maran continues: ve'im hitpalel mishe'alah amud hashachar vehe'ir penei hamizrach yatza (if he prayed from when dawn rose and the eastern horizon became light, he has fulfilled his obligation). Maran says, what is the beginning of the time? Im hitpalel mishe'alah amud hashachar vehe'ir penei hamizrach yatza. Now, if you look in the Tur, the Tur actually seems to give two separate times. On one hand, he says the beginning of the time is he'ir penei hamizrach, and if you prayed mishe'alah amud hashachar (from when dawn rose), you have fulfilled your obligation. It sounds like they’re two different times.
The Rambam also clearly says that the beginning of the time is from amud hashachar (dawn), and if you prayed then, you have fulfilled your obligation; mitzvatah im hanetz hachamah (the best way to do it is at sunrise). Here Maran seems to say that the two times the Tur gives separately are the same time, unless you say that he means you need to proceed through two different stages: you have to reach amud hashachar and then he'ir penei hamizrach. Let’s see what the Mishnah Berurah says about amud hashachar: hu mah shematchil hashachar lehavrik (it is when the morning begins to shine). The morning starts shining, bemiktzato me'at me'at (a little at a time).
Umashma midivrei hamechaber (and it is implied by the words of the author): it seems from Maran that kodem he'ir (before it becomes light), even after the fact, one has not fulfilled the obligation. Vechen hiskimu harbeh acharonim (many later authorities agreed), unlike the Magen Avraham; see the Bi'ur Halachah. Meaning, the Magen Avraham says, as I told you, that he'ir penei hamizrach is a separate time from alot hashachar. He'ir penei hamizrach is fine; if you prayed even before he'ir penei hamizrach, bedi'avad (after the fact), it’s good. He from He wants to say from Maran sounds like you need both. And there’s no hint in the Beit Yosef that you should say that.
Ve'ayen beVi'ur Halachah (and see the Bi'ur Halachah). No, and the Mishnah Berurah is saying it’s not the same time. Let’s see. Penei hamizrach, right? The Mishnah Berurah doesn’t put it in order, but let’s see the second one: penei hamizrach. Mishe'alah amud hashachar—what is alah amud hashachar? Mavrik: it starts to shine. Penei hamizrach: ube'inan shehe'ir penei kol hamizrach, the whole east has to be light. So now you have two times: me'at me'at (a little at a time) and he'ir penei hamizrach. Yes. Velo sagi bemah shehivrik hashachar kinekudah bilvad (it is not enough for dawn to have brightened like a mere point).
So according to this, it’s not enough to pray after amud hashachar. You really have to pray after he'ir penei kol hamizrach, which, seemingly, is before misheyakir et chaveiro berichuk arba amot (he can recognize his friend from a distance of four cubits). So how long does that take? It doesn’t say. It says in Chidushei Rabbi Akiva Eiger: de'af shehakechavim nir'im adayin baraki'a (even though the stars can still be seen in the sky), mikol makom yom hu (nevertheless, it is day). That’s day. Yatza: you have fulfilled your obligation bedi'avad. He says you have fulfilled your obligation bedi'avad, ve'afilu shelo bish'at hadechak (even when it is not a pressing circumstance). Even when it’s not a pressing circumstance, he has fulfilled his obligation, if he had—yeah.
Uvish'at hadechak (in a pressing circumstance), such as when someone gets up early to travel, or a similar case of pressure or circumstances beyond his control, he may do so even ideally, as discussed later in se'if 8. So now it’s like an in-between, in-between state. The Mishnah Berurah is making four levels: before amud hashachar, lo yatza (he has not fulfilled his obligation)—not fulfilled, no matter what. At amud hashachar, if you pray because you have to travel, yatza (he has fulfilled his obligation). At he'ir penei hamizrach, you have fulfilled your obligation bedi'avad even without a pressing circumstance. It’s bedi'avad, but it doesn’t require a pressing circumstance. Netz is lechatchilah. Sorry, yeah.
So there are two levels of bedi'avad: there’s a pressing-circumstance bedi'avad and a not-pressing-circumstance bedi'avad. Right? Because here, in se'if 1, Maran says, “Amud hashachar, he'ir penei hamizrach, yatza.” In se'if 8, Maran says, “Uvish'at hadechak, kegon shetzarich lehashkim laderech, yachol lehitpallel mishe'alah amud hashachar” (in a pressing circumstance, such as when he needs to get up early to travel, he may pray from when dawn rises). He hasn’t said anything yet about he'ir penei hamizrach. That’s very difficult. Very difficult. Any times? No. We don’t know.
“Ve'afilu shelo bish'at hadechak, uvish'at hadechak, kegon bemashkim latzet laderech vechi hai gavna, she'ar afilu lechatchilah”—even when it is not a pressing circumstance, and in a pressing circumstance, such as when one gets up to travel, and similar cases of pressure, even ideally. See there. “Veda, dedivrei haShulchan Aruch (and know that the words of the Shulchan Aruch) einam amurim rak le'inyan chovat mitzvat tefillah bilvad” (are stated only regarding the obligation of prayer). “Deyatza bah achar shehe'ir hamizrach” (he has fulfilled his obligation after the eastern horizon became light), because “devezeh kevar higi'a zemanah” (its time has already arrived), “denitkenah keneged hatamid” (for it was instituted corresponding to the daily offering).
They instituted prayer—this is what the Rosh says—keneged hatamid (corresponding to the daily offering), “ushchitat hatamid haytah techef mishehe'ir hamizrach” (and the slaughter of the daily offering took place as soon as the eastern horizon became light). Right, what did they say? “Amar lahem hamemuneh, higi'a, omer barkai,” right? And the other one says, “Matya ben Shmuel: he'ir penei kol hamizrach ad shebeChevron vehu omer hen” (Matya ben Shmuel: the whole eastern horizon became light as far as Hebron, and he said, “Yes”). So you see that the time is he'ir penei hamizrach. That’s lechatchilah.
“Aval le'inyan keri'at Shema shekodemet latefillah lo ayirei hamechaber besiman zeh” (but regarding the recitation of Shema, which precedes prayer, the author does not discuss it in this section). It’s not telling you about the time for keri'at Shema. See earlier, in siman 58, in the Mishnah Berurah, se'if katan 19: “Delo yatza bazeh yedei chovat keri'at Shema af bedi'avad” (he has not fulfilled the obligation of reciting Shema this way, even after the fact). If he said keri'at Shema before misheyakir, he has not fulfilled his obligation if he regularly does so. In a pressing circumstance, we say he has fulfilled his obligation. “Ad sheyakir et chaveiro haragil imo ketzat berichuk arba amot” (until he can recognize a friend he sees regularly from a distance of four cubits). This is later than the time of he'ir hamizrach.
Especially when he wants to put on tefillin and make a blessing on them, “devaddai ein levarech ad sheyagi'a hazman demisheyakir” (one certainly may not make the blessing until the time of misheyakir arrives). So technically, you could fulfill the obligation of prayer at he'ir penei hamizrach. Maybe it’s the same as amud hashachar, depending on how you want to do it, right? But to put on tefillin and say keri'at Shema, you have to wait at least until misheyakir chaveiro. Whatever that means, it could be 20 minutes after alot hashachar, it could be 12 minutes, it could be 6 minutes. That’s a whole other discussion, like we had at the time.
Now, let’s see the Bi'ur Halachah. “Ve'im hitpallel mishe'alah amud hashachar.” Amud hashachar is called “mah shematchil ha'or lehitnotzetz bif'at hamizrach” (when the light begins to glimmer at the eastern edge). You see the light shining in the east. “Kodem henetz hachamah keshi'ur sha'ah vechomesh sha'ah” (before sunrise by an amount of an hour and a fifth): 72 minutes. It’s not as some people mistakenly think, that amud hashachar is kochva detzafra (the morning star). That is a long time earlier, as it says in the Yerushalmi, chapter 1 of Berachot.
It seems from Maran that before he'ir hamizrach, which has to be sometime after alot hashachar, even if amud hashachar has risen, one has not fulfilled the obligation even bedi'avad. It seems so, too, from the words of Rabbeinu Yerucham. The Magen Avraham and the Pri Chadash hold that if one prayed from amud hashachar, he has fulfilled the obligation bedi'avad, because it is day, as it says in se'if 8. The Pri Megadim questions this. Although, in essence, it seems that he holds like them—even though, according to the basic law, it seems that way—he asks, why shouldn’t it be true? “Demin haTorah yom hu” (because according to Torah law, it is day). Everybody knows that, according to Torah law, the day starts at amud hashachar. So why would you say that bedi'avad, if you prayed at amud hashachar, it’s no good, right? “Af kodem shehe'ir penei hamizrach lechol davar keivan she'alah hashachar” (even before the eastern horizon became light, for every matter, once dawn has risen).
That’s why, in se'if 8, Maran says it is permitted ideally to pray from amud hashachar in a pressing circumstance. In any case, when there is no pressing circumstance, he leans toward proving from the words of the Rambam, regarding prayer, that even bedi'avad one has not fulfilled the obligation from amud hashachar. He wants to say that the Rambam holds you have not fulfilled the obligation from amud hashachar. I don’t know; it’s hard to say that. The Rambam says explicitly that you have fulfilled the obligation.
“Omnam yoter mizeh” (but more than that): we find in the Eliyah Rabbah, the Mateh Yehudah, and the Gra—not here, but in his book Shenot Eliyahu—that all of them agreed, “de'ad sheya'ir hamizrach afilu bedi'avad eino yotze” (until the eastern horizon becomes light, one has not fulfilled the obligation, even after the fact), because “de'adayin hu bikhlal lailah ad sheya'ir hamizrach” (it is still considered night until the eastern horizon becomes light). Now, that doesn’t seem to be the truth. It’s hard to understand where they get that from.
“Vechol haposkim shekatvu mishe'alah amud hashachar be'eizeh inyan, hainu he'ir hamizrach” (all the halachic authorities who wrote “from when dawn rises” in some context meant when the eastern horizon became light). Meaning, to a certain degree, you could say that about Maran, right? “Alah amud hashachar vehe'ir penei hamizrach”—maybe it’s the same time. But if you’re going to say that’s the same time, then again, that’s 72 minutes. I know that amud hashachar is 72 minutes before, so if alah amud hashachar is he'ir penei hamizrach, then that’s 72 minutes. So what difference does it make to me?
“Vechen mah sheshaninu biMegillah, vechulam she'asu mishe'alah amud hashachar kasher, hainu he'ir hamizrach” (and likewise, what we learned in Megillah, that all actions performed from when dawn rises are valid, means when the eastern horizon became light). Okay, if that’s the case, it doesn’t affect us. Meaning, if you’re eyeballing it and trying to figure out when amud hashachar is, then you have to know: no, it’s not enough to have a little light; you have to have he'ir penei hamizrach. But if I’m going by a calendar and I know that it’s 72 minutes, or the equivalent of 72 minutes, then what’s the difference? I know when it is.
“Gam matzati achar kach besefer Magen Gibborim shemetzaded lehachri'a ken lahalachah kehaEliyah Rabbah” (I also later found in the book Magen Gibborim that he leans toward ruling this way, like the Eliyah Rabbah). That amud hashachar and he'ir penei hamizrach are the same. It’s surprising that he didn’t mention that the Gra also holds this way and brought proof for it from the Yerushalmi. That’s what it sounds like in the Yerushalmi there. See Shenot Eliyahu.
“Nafka mina mizeh lechammah halachot shebaTorah” (this has practical consequences for several laws in the Torah). And likewise, what it says later, in se'if 8, that in a pressing circumstance one may ideally pray from amud hashachar, also means when the eastern horizon has become light. But again, it doesn’t necessarily have to mean he'ir penei kol hamizrach. It could mean that something has become light in penei hamizrach, and that’s the same thing.
“VehaMechaber samach bizeh al dele'il bereish hasiman de'achar shehe'ir davka” (the author relied here on what was said earlier at the beginning of the section, that it is specifically after it has become light). That is, alot hashachar is he'ir penei hamizrach. So if you explain that it means the same thing, it works much better in Maran: “Debish'at hadechak lechatchilah eino kal mishelo bish'at hadechak bedi'avad” (ideally in a pressing circumstance is no less lenient than after the fact when there is no pressing circumstance). “Veyussar bizeh mah shetama haPri Megadim” (this removes the difficulty raised by the Pri Megadim).
The Pri Megadim, then, doesn’t seem to have four times; there are three times: amud hashachar, so two times, amud hashachar and netz. Likewise, earlier, in siman 58, se'if 3 and 4, it also seems that it is specifically after the eastern horizon becomes light. That's alot, amud hashachar. See earlier, in siman 58, in the Bi'ur Halachah, where I brought the words of the Rashba, who also holds like haRirba, the Gra, and the Mateh Yehudah.
“Uledina, bevaddai yesh lachush lechol hanei rabvata bechol davar shemitzvato bayom, im asahu kodem shehe'ir hamizrach, lachazor vela'asoto le'achar shehe'ir” (in practice, one should certainly take into account all these great authorities in any matter whose mitzvah is performed during the day; if one did it before the eastern horizon became light, one should do it again after it becomes light).
Okay, let’s see. He says the Kaf Hachayim rules like the Magen Avraham, that you don’t need he'ir hamizrach. He says that the Erech Hashulchan quoted the Ramban saying that. Well, lema'aseh (in practice), 72 minutes is clearly good enough. It doesn’t make a difference, seemingly. It could be before 72 on certain days, depending on the day, but we generally say it’s 72, yeah.
Let’s see the end. “Venimshach zmanah”—oh, sorry—“venimshach zmanah.” The second line: “venimshach zmanah,” the time continues, “ad sof arba sha'ot” (until the end of four hours), “shehu shlish hayom” (which is a third of the day). Let’s see the Mishnah Berurah. “Ve'im hayom aroch shemoneh esreh sha'ot” (if the day is 18 hours long), then “haveh shesh sha'ot al hayom” (that makes six hours in the day), so you have six hours for zman tefillah (the time for prayer). From alot? That’s a question: do you start from alot or from…?
“Ucheshehayom aroch tesha sha'ot” (and when the day is nine hours long), like today, “haveh shalosh sha'ot” (that makes three hours), so the whole zman tefillah will be three hours. “Dele'olam mesh'arin sha'ot ellu lefi inyan hayom” (these hours are always calculated according to the length of the day). Is it a quarter of the day? It’s a third of the day, sorry. “Vehen nikra'im sha'ot zmaniyot” (and these are called proportional hours). That’s why he calls them sha'ot zmaniyot. “Shehayom mitchalek lishnem asar chalakim” (the day is divided into twelve parts).
“Ve'inyan hashlish hu shetefillat hashachar” (and the reason for the third is that it relates to the morning prayer). Why is that? It is “neged korban tamid” (corresponding to the daily offering). The prayer of Shacharit is corresponding to the tamid (daily offering). “Ule'olam lo icharu oto melehakriv le'achar shlish hayom” (they never delayed offering it until after a third of the day). “Vetzarich ligmor hatefillat shemoneh esreh betoch shlish hayom” (one must finish the Amidah prayer within a third of the day). The Mishnah Berurah is of the opinion that you have to finish before a third of the day. Halachah Berurah says that Chacham Ovadiah holds that as long as you started before, you’re good. That’s Chacham Ovadiah’s position.
“O avar”—he means that he did so deliberately. Now it says, “Ve'im ta'ah” (if he made a mistake), “o avar” (or transgressed), “vehitpallel achar arba sha'ot ad chatzot” (and prayed after four hours until midday). “Af al pi she'ein lo sechar ketefillah bizmanah” (although he does not receive the reward of prayer at its proper time), “sechar tefillah miha ika” (he does receive reward for prayer). Let’s see the Mishnah Berurah. “O avar, retzono lomar shebemezid, shehihah tefillah bemezid ad she'avar zmanah ve'achar kach hitpallel” (“or transgressed” means he deliberately delayed prayer until its time had passed and then prayed). “Af al pi chen, yatza yedei chovat tefillah” (even so, he has fulfilled the obligation of prayer), even though it was not at its proper time.
“Vehu hadin shelechatchilah, im lo hitpallel mikodem, tzarich lehitpallel achar arba sha'ot ad chatzot” (the same applies ideally: if he did not pray earlier, he must pray after four hours until midday). He just doesn’t receive the reward for praying at its proper time. “Vetov sheyitpallel az betorat nedavah” (it is better to pray then as a voluntary prayer), because there are poskim (halachic authorities) who hold that if one deliberately waited until after four hours, “shuv lo mati lehitpallel kelal” (he can no longer pray at all). They hold that if it was deliberate, he has to pray two Minchah (afternoon prayer) prayers. Even though Maran holds that he may pray Shacharit after its proper time without a voluntary-prayer condition, since there are Rishonim who hold that he is not allowed to pray, he should pray conditionally as a voluntary prayer. “Al ken yitpallel veyitneh, she'im mitzad hadin hu patur hu betorat nedavah” (therefore, he should pray with a condition: if, according to the law, he is exempt, it should be a voluntary prayer).
Upstairs, Hagahah: “Ve'achar chatzot” (and after midday). Once chatzot (midday) passes, it is forbidden to pray the Shacharit prayer. You can’t pray Shacharit; it’s no longer the time. The Mishnah Berurah says, “Mashma milshon haRav de'afilu techef achar chatzot” (it is implied by the wording of the Rama that even immediately after midday), “asur lehitpallel Shacharit” (it is forbidden to pray Shacharit). You can’t pray Shacharit. “Udele'el ka'i, bein avar bemezid o ta'ah beshogeg” (this refers to what was said earlier, whether he transgressed deliberately or made a mistake unintentionally).
Why? The time for Minchah hasn’t started yet. The time for Minchah is six and a half. So what? That’s no time. “Veyesh mik...” Some are lenient during the half hour after chatzot. “Uledina, mashma baPri Megadim veDerech HaChayim she'ein lazuz mipisak haRav” (in practice, it is implied by the Pri Megadim and Derech HaChayim that one should not depart from the ruling of the Rama). Likewise, it is implied by the Bi'ur HaGra. “Deve'emet, kevan dehigi'a zeman Minchah shematchilet mitchilat sheva” (in truth, once the time for Minchah has arrived, it begins at the start of the seventh hour). Really, once it’s after chatzot, it’s the time for Minchah. We’re just stringent because people can’t tell the difference.
“Ela mita'am she'ein anu beki'im, veshema yavo lit'ot” (rather, it is because we are not expert, and perhaps he will make a mistake). Maybe the person will make a mistake. “Al ken asru Chazal” (therefore, the Sages prohibited it). That’s why Chazal prohibited it. “Al ken, kesheshagag o ne'enas velo hitpalel kodem chatzot” (therefore, when he made a mistake or was prevented from praying before midday), “yamtin achar chatzot chatzi sha'ah” (he should wait half an hour after midday), “dahainu kedei sheyagi'a zeman tefilat Minchah” (that is, until the time for the Minchah prayer arrives). He should pray Minchah first, and afterward Shacharit as tashlumin (a make-up prayer)—two Minchah prayers, not the other way around.
And once that’s the case, it applies specifically when he made a mistake or was prevented from praying. But if he missed it deliberately, “ein lo takanah” (there is no remedy), because you can’t pray a make-up prayer for deliberate omission, as all of this will be explained in siman 108. However, bedi'avad, if he prayed Shacharit during that half hour after chatzot, he has fulfilled his obligation, and he does not have to pray again. Derech HaChayim—and see what Chidushei Rabbi Akiva Eiger wrote in the name of the Tzlach.
The Ish Matzliach says he thinks that if a person deliberately didn’t pray, and now it’s right after chatzot, he should pray with a tenai nedavah (condition of voluntary prayer), right? So, in any case, because he won’t be able to pray later as two Minchah prayers, pray now. This is your chance. Okay, better than nothing: tenai nedavah.
The Kaf Hachayim, Baruch, seems to be going with he'ir hamizrach. He says this is based on the wording of Maran, who says that if one prayed from amud hashachar, he'ir penei hamizrach—we’re not clear. Does he say that if one prayed at amud hashachar, he has not fulfilled his obligation? But perhaps praying at he'ir hamizrach is permitted ideally, or maybe even he'ir hamizrach is only bedi'avad. Therefore, ideally, don’t do that.
The Pri Chadash was lenient and said you could pray from he'ir penei hamizrach. Some rely on him in practice. But even the Pri Chadash agrees it is not mitzvah min hamuvchar (the choicest performance of a mitzvah). Everybody agrees that the mitzvah min hamuvchar is at netz or after. The Kaf Hachayim says it makes sense that Maran does not want you to pray ideally at he'ir penei hamizrach.
He says, “Ani atzmi” (I myself): when I was in Israel, I never prayed before netz, and even when I came to America, I tried to pray at netz. When I started teaching in school, I had to pray early so I could get to school on time to teach the children. So I got used to praying in the first minyan (prayer quorum) before netz hachamah, with the businesspeople who are in a rush. He says, and then I continue praying in that minyan. He says, even in a pressing circumstance, “adif umuvchar shelo yitpalel” (it is preferable and more choice not to pray) until one can recognize his friend from a distance of four amot. And you can put on tefillin. “Vechen anu nohagim beminyan rishon bikehilatenu” (And so we practice in the first minyan in our community).
Okay, we'll leave it here. Good night.