BIRKAS KRIAS SHMA
Question
Have your Rabbi look at the Gr"a in Shulchan Aruch Orach Chaim #46 at the end. Then he can look at the Mishneh Berura #58:5. This is what you replied to someone who questioned your (father's) ruling regarding if the congregation will miss the Zman of the GRA and BAAL HATANYA),he is better off davening without a minyan, and fulfilling the mitzvah of Shma- k'tikuna. I honestly don't understand how anyone can say that this is the position of the Mishna Berurah. However, there is one Diyuk brought down in Sefer Tfilah Khilchashah- quoting the Pri Yitzchak that the RAMA and Mishna Berurah are talking about when there is a doubt if the tzibur will make the Zman Krias Shman. If it is certain;however, that the tzibur will not make the zman, then a person should daven without a Minyan. Can you please clarify if this is the logic of your father? If is not, I did my homework, and this is my conclusion. The Biur Halacha in 46 D"H KI L'FAMIM- remains (blibes) a Tzarich Iyun in the GRA, [ who supports the opinion of the RA'AH that it is best to be fulfill the Mitzvah of Krias Shma, with its accompaning brachos] whether saying Krias Shma in its proper times with the preceeding brachos get preference over Tfilah B'tzibur. It is clear from the following,that the Mishna Berurah supports the GRA and RAAH. In 46- Sif Katton 31, he says that a person should have intent not to be Yotzeh the Krias Shma of Karbanos, if he is certain the congregation will make the Zman Krias Shma. In 58- Sif Katton 5- he says that if it is probable that the tzibur will miss Zman Krias Shma, you should either MAKE A BREAKAWAY MINYAN or say Shma before davening. HE DOES NOT SAY TO DAVEN B'YICHIDUS. HE CAN'T. IT'S ONLY A SAFEK IF THE GRA MEANT THAT AND EVEN IF THE GRA MEANT THAT-IS IT CERTAIN HE WOULD PASKEN LIKE THE GRA AGAINST THE BAIS YOSEF, RAMA, AND ELIYAHU RABAH WHOM BIUR HALACHAH D'H V'YOTZEH BAZEH- (the last one in Siman 46) POINTS OUT- ARE INDIFFERENT TO FULFILLING THE MITZVAH OF KRIAS SHMA WITH THE ACCOMPANING BERACHOS? In 46,Sif Kattan 32, the Mishna Berurah mentions the option of davening without a Minyan- and he says this should be done only if the congregation will miss the Sof Zman Tefillah ( one hour later than the sof zman Krias Shma). In fact, the last Biur Halacha in 46 (that I quoted before) says EXPLICITLY ---THE OPTION OF SAYING SHMA PART OF KARBANOS APPLIES EVEN (BUT NOT EXCLUSIVELY) IF ONE FEARS THE TZIBUR WILL MISS THE FIRST ZMAN OF KRIAS SHMA, BECAUSE WE ALWAYS HAVE THE BAIS YOSEF, RAMA, AND ELIYAHU RABAH TO BACK US UP. ( I know this is a big shocker to the Litvishe yeshivos who paken that the second zman is the main one- based on Reb Moshe). ----------------------------------------------- Basically, withstanding the diyuk of the Pri Yitzchak, the Mishna Berura's position is pretty clear. However, there is an alternative brought down in the Tefillah K'hilchosoh, that a person could start davening and wait before Shmoneh Esreh- best by Ezras Avoseinu- for the tzibur to catch up. The problem of hefsek (waiting the amount of time it takes to say the Birkas Krias Shma- any place within the Brachos-generally invalidates them) wouldn't apply because you are only waiting because of Tefillah Btzibur. Thank you.
Answer
Answered by Aaron AbadiI am impressed by your research, but that is not exactly the way Halachah (Jewish Law) is determined. First of all, who is Tfilah Khilchashah? Now the main issue is that we don't make a Psak by taking a survey of the available Seforim. That is a Yeshivishe myth! The proper way to learn is to go through the Gemaras and the Rishonim thoroughly. Then the Tur/Beit Yosef, and at this point you should have a clear working understanding of the whole picture. Then learn Shulchan Aruch & Ram"a. The learning of the Acharonim is beneficial to help you work out all the loose ends. A qualified Posek would not just accept anothers Psak because he said it, but would need to make his own determination based on the way he put it all together. Looking at the Mishneh Berura and making Diyukim and such is way off the charts. In my father's Kollel in Lakewood he had to ban the Mishneh Berura, because it was getting out of hand. There is no exclusive in Torah. Now if you look at the Mishneh Berurah in #46 he is not clear on this point at all. If anything he is working on the different options. As I said, you have more than one option. The ideal choice is to pray without the Tzibbur at the correct time. "HE DOES NOT SAY TO DAVEN B'YICHIDUS. HE CAN'T. IT'S ONLY A SAFEK IF THE GRA MEANT..." Please don't make up new rules. "He can't?" What is your source for this? Who is making this new rule? If you look at the Mishneh Berura where I sent you originally, you will see that he says "you cannot wait till after the Zman in order to say Tefilah Betzibbur." Then he says "and at a minimum, say Kriat Shema beforehand." It seems like he holds like what I was saying. Don't forget, I didn't say, "whoever doesn't agree with me is a Rash"a." I was just defending myself against a Rash"a who was calling me who knows what, and was trying to revoke my Semichah. I don't know your background in learning Halachah, but you should get the proper Hadrachah and avoid being misdirected for life. It isn't easy to learn in Yeshivot Yevamot and somehow also learn how to properly learn Halachah. AA