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Why do the Rif and Rambam (רמב"ם) permit early travelers to recite Shema before dawn when the Gemara (גמרא) on daf 30 suggests only Tefillah should be said early? The shiur explores how the Rambam creates a new category of vasekin that makes early Shema l'chatchila for travelers. This transforms what appears to be a leniency into an obligation to accept Kabbalas Ol Malchus Shamayim before sunrise.
This shiur examines a complex halachic debate on Brachos 8b-9a regarding the proper timing for Shema and Tefillah when one is traveling (mashkim l'derech). The discussion centers on reconciling seemingly contradictory positions in the Gemara (גמרא) and major Rishonim. The Baal HaMaor raises a fundamental question against the Rif's ruling, noting that while the Gemara on daf 30 states that early travelers should only recite Tefillah early (saving Shema for later to maintain semichas geulah l'tefillah), the Rif permits saying Shema early as well. The Ramban (רמב"ן) defends the Rif by distinguishing between different types of sha'as hadchak (pressing circumstances) - arguing that daf 30 discusses a situation where only Tefillah was problematic (due to the standing requirement), while the Rif addresses cases where Shema recitation itself would be disturbed. The shiur then analyzes the Rambam (רמב"ם)'s position in Hilchos Krias Shema and Hilchos Tefillah, revealing apparent inconsistencies. In Hilchos Krias Shema, the Rambam rules that b'di'eved one fulfills the obligation from Alot HaShachar, but for travelers (sha'as hadchak), it becomes l'chatchila to recite it early. However, in Hilchos Tefillah, he maintains that even b'sha'as hadchak, early Tefillah is only b'di'eved. The analysis explores whether the Rambam's understanding differs from the Ramban's teretz, particularly regarding his apparent assumption that 'sha'as hadchak' carries the same meaning in both contexts. A major focus is the Rambam's introduction of vasekin as a new halachic category, establishing that Kabbalas Ol Malchus Shamayim must occur before netz hachama, making it an averah to delay it. This creates a chiyuv to recite Shema early when traveling, as waiting would violate the vasekin requirement. The Kesef Mishneh's attempt to source this from Rabbi Shimon ben Yochai is questioned, as that source appears to address only b'di'eved situations, not l'chatchila obligations. The shiur concludes by addressing the Baal HaMaor's fundamental challenge: if both Shema and Tefillah are being said early, why should there be any preference for saying Tefillah later, since the primary reason for delaying Tefillah (semichas geulah l'tefillah) would not be achieved anyway? Various approaches to resolve this difficulty are explored, including the possibility that different Talmudic sources reflect different underlying assumptions about the vasekin requirement.
Brachos 8b-9a
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