Zmanei HaYom Part II

By Rabbi Joshua Flug

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I.

Introduction- In Zmanei HaYom Part I, we discussed the basics of how zmanim are calculated. In Part II, we will discuss some of the more advanced questions regarding zmanim. Fulfillment of Mitzvos During Bein HaShmashos a. There are certain mitzvos that are fulfilled in the evening whose beginning/end time is ambiguous. b. The End of a Fast i. The Gemara states that any fast where one doesn't experience sunset is not considered a fast. {} ii. Rabbeinu Asher (c. 1250-1327) writes that it really means tzeis hakochavim. {} iii. Rabbeinu Asher also quotes Rabbeinu Yonah (d. 1263) that it may refer to the skiyah shniah (see Zmanei HaYom Part I). {} iv. Shulchan Aruch follows the opinion of Rabbeinu Asher. {} 1. R. Yechiel M. Epstein (1829-1908) writes that if one relies on Rabbeinu Yonah, }{ . 2. R. Moshe Feinstein (1895-1986) also writes that one can rely on Rabbeinu Yonah if fasting is difficult. According to R. Moshe, that would be 41 minutes after shkiya, assuming his 50 minute model. {} 3. R. Gavriel Tzinner presents a number of different opinions regarding when to end a fast. Some rely partially on the opinion of the Vilna Gaon (Geonim) and end earlier than 50 minutes. {} c. Sefiras Ha'omer i. Rashba (1235-1310) writes that one should not fulfill sefiras ha'omer until tzeis hakochavim. {} ii. R. David Avudraham (14th century) writes that there are those who are lenient to fulfill the mitzvah during bein hashmashos because (in the absence of a korban ha'omer) it is a mitzvah d'rabanan (according to most Rishonim). {} iii. Shulchan Aruch presents both opinions in different se'ifim as if there is no machlokes. {} 1. Mishna Berurah writes that while one can fulfill the mitzvah during bein hashmashos, it is preferable to fulfill the mitzvah after tzeis. {} 2. R. Chaim Y.D. Azulai (Chida 1724-1807) writes that one can rely on the opinion of the Vilna Gaon regarding tzeis of sefiras ha'omer. {}

II.

d. Chanukah i. The Gemara states that the mitzvah begins }{ . 1. R. Ya'akov ben Asher (1269-1343) writes that this doesn't mean shkiyah but rather, the end of shkiyah which is tzeis. {} 2. The Vilna Gaon presents two other opinions on the matter: a. First he presents Rashba (1235-1310) that we follow the first shkiyah and not the second shkiyah. The Gaon is ostensibly referring to the opinion of Halachos Gedolos quoted in Rashba (Rashba seems to agree with Tur) who states that on Erev Shabbos, one can light after shkiyah but before Shabbos starts. This will only work if one follows Rabbeinu Tam for the calculation of bein hashmashos but still assumes that Chanukah lighting takes place after astronomical sunset. {} b. Second, he presents the opinion of Mordechai (1250-1298) who denies the concept of two shkiyahs. {} While this comment is not related to Chanukah, the Gaon writes that this opinion is correct, alluding to the fact that this issue is related to the general dispute regarding calculation of tzeis hakochavim. {} 3. How Contemporary Poskim Deal with the Vilna Gaon's opinion a. R. Yechiel M. Tukascinski (1874-1955) writes that since we follow the Vilna Gaon, one should light at sunset. {} b. R. Moshe Shternbuch writes R. Avraham Yeshaya Karelitz (Chazon Ish 1878-1953) lit twenty minutes after sunset because during the first half hour, one fulfills the mitzvah b'dieved. {} c. R. Moshe Feinstein (1895-1986) writes that one should light ten minutes after sunset. [This may be based on R. Moshe's calculation that the Vilna Gaon's tzeis in NY is 9 minutes after shkiyah.] {} III. The Issue of Davening Ma'ariv before Sh'kiyah a. There is a machlokes tannaim about that latest time for Mincha and (ostensibly) the earliest time for Ma'ariv. According to R. Yehuda, the cutoff time is plag hamincha. According to Rabanan, the cutoff time is the evening. {} [Evening can refer to sh'kiah or tzeis. This is a topic beyond the scope of this presentation.] b. The Gemara then discusses which opinion we should follow: {}

i. The Gemara initially suggests that we follow R. Yehuda's opinion because Rav used to recite Ma'ariv of Shabbos on Erev Shabbos. This proves that he was of the opinion that one can recite Ma'ariv after plag hamincha. ii. The Gemara concludes that since there is no clear conclusion, one can follow either opinion. c. Rabbeinu Asher writes that when the Gemara states that one can follow either opinion it means that one chooses one of the opinions and follows that opinion forever. If someone chooses Rabanan's opinion, he can never recite Ma'ariv before plag hamincha. If someone chooses R. Yehuda's opinion, he can never recite Mincha after plag hamincha. {} Nevertheless, the Rishonim present some exceptions to this rule. i. Rabbeinu Yonah (d.1263) notes that if one normally follows Rabanan, but accidentally recited Ma'ariv early, he is not required to repeat Ma'ariv. {} ii. R. Shmuel ben Meshulam (14th century) notes that in a pressing situation, one may switch opinions on a one-time basis. {} iii. Beis Yosef notes that there are those who follow Rabanan for the time of Mincha and R. Yehuda for Ma'ariv. Even though this is self contradictory, perhaps they were lenient when it comes to zmanei tefillah. {} iv. Shulchan Aruch codifies the opinion of Rabbeinu Asher with the first two exceptions. {} 1. R. Avraham Gombiner (c. 1633-1683) writes that if one normally follows the opinion of Rabanan, he may nevertheless recite Ma'ariv early on Erev Shabbos. The reason he gives is that in order to fulfill the mitzvah of Tosefes Shabbos, one may be more lenient. {} 2. R. Ya'akov of Lisa (1760-1832) takes this one step further. He suggests that since we allow for flexibility when it comes to a d'var mitzvah, a congregation may recite Mincha and Ma'ariv at selfcontradictory times because otherwise it is too difficult to gather a minyan. {} a. Mishna Berurah is reluctant to rely on this leniency. {} b. R. Baruch Simon has a lengthy article justifying the practice of accepting Shabbos early and reciting Mincha and Ma'ariv between plag and sh'kiyah. [Click here to access the article.] IV. Zmanim in Places that don't have sunset or tzeis a. As one moves towards the North Pole or the South Pole, the zmanim become more extreme with the seasons such that certain northern places such as Alaska, Copenhagen, or Stockholm don't have actual tzeis during the summer and even further north, there is no sunset in the summer and no sunrise in the winter.

i. The Star-K has an article summarizing the issues here. b. This issue is raised by R. Ya'akov Emden (1697-1776) who refers us to the sugya about someone who is lost in the desert and doesn't know when Shabbos is. The Gemara recommends that he count six days and the seventh day is Shabbos. The Gemara qualifies this by stating that in reality, he must keep each day as Shabbos, but if he does that he will never get out of the desert. Therefore, each day, he does what is necessary to help him get out of the desert and on the seventh day he makes kiddush and havdalah to make one day recognizable as Shabbos. {} i. R. Emden writes that if one is in a place where there is no sunrise and sunset, he should count from the place where he left and observe Shabbos based on that location. {} ii. R. Yisrael Lipschitz (1782-1860) discusses the issue in more depth and states the following: {} 1. If one lives in a place where there is sunrise and sunset, that is sufficient for determining when Shabbos is as well as the zmanei hayom. The only issues that arise is with regards to as well as . 2. If there is no sunrise and sunset, one can follow the place where one came from regarding Shabbos. He does note that this will present a problem in that someone who comes from America will keep one set of zmanim and someone who comes from Europe will keep a different set of zmanim such that if these two people are there together, they will have two different days of Shabbos. He seems to resolve the problem by stating that their obligation to observe Shabbos may not be biblical in nature as it is based on safek and there certainly is no chatas brought if one accidentally violated Shabbos on the North Pole. iii. R. Yeshaya HaLevi Horowitz (the Shelah 1565-1630) rules that one should calculate Shabbos as well as the zmanei tefillah from the place where one left. {} iv. R. Chaim Elazar Shapira (the Munkatcher Rebbe, 1871-1937) presents the possibility of having to keep the entire summer as Shabbos if one arrives there on Shabbos. He also notes an important distinction between this case and the case of the desert: In the desert case, the fellow is lost and there are even provisions to help this person get out of the desert as soon as possible. In this case, the person wants to remain there when in fact, he should also try his best to avoid the situation and if in the situation, get out as soon as possible. {} v. R. Yekusiel Halberstam (1905-1994) has a lengthy teshuva about this issue (click here to access entire teshuva). Some of the points he raises: 1. He presents a number of sources that seem to say that even without actual sunrise and sunset, there is a concept of , such

that every twenty four hours is a new day. We see this regarding the first three days of creation (with the absence of the sun and the moon) as well as the mabul when, according to the Midrash, sunrise and sunset were suspended. {} 2. He notes that if one were to reject the concept of it would be logical to follow rather than the place where one comes from. The only reason why don't all follow is that within there are different zmanim. {} 3. While it is appealing to say that if one follows the Vilna Gaon (Geonim) there are less problematic areas, he contends that if there is no full tzeis of Rabbeinu Tam, both sides agree (he thinks they agree l'chumra). {}

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