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Author:  Al
E-mail:  alperles@hotmail.com
Date:  8/5/2004 10:17:00 PM
Subject:  BIRCHOS KRIAS SHMA: ROUND 2
Message:  The Sefer Tefillah K'Hilchoso is written by a Talmid Chacham, Rav Yitzchok Yaakov Fuchs, who lives in Kiryat Matersdorf, Yerushalayim.

It's funny because we had a give-and-take one year ago on the topic of dacening Maariv before sunset on Friday nights. At the conclusion of that argument, I clearly undersood your point. The Shulchan Aruch holds you cannot switch back from night to night. The Magen Avraham offers a Chidush that Friday night is different which the Mishna Berurah accepts (granted he does not applaud that custom).   You said that since the Mogen Avraham is a big Chidush, not mentioned anywhere else in Shas and Poskim, it does not become Halachah automatically. Fine.

But over here, (Birkas Krias Shma) your whole premise is based on the Diyuk in the Mishna Berurah. When the Mishna Merurah says(58 Sif Kotton-5) "AND AT THE LEAST HE SHOULD SAY SHMA BEFORE DAVENING", you are suggesting "AT THE LEAST" as
opposed to what? As opposed to davening b'yichidus, and saying Shma with its brachos- b'zman.

But, Rabbi Abadi, with all due respect, the Mishna Berurah himself says AS OPPOSED TO- AS OPPOSED TO MAKING A BREAK-AWAY MINYAN, WHICH WOULD BE THE OPTIMUM.

I'm not making a diyuk- I'm quoting the Mishna Berurah verbatum. And the Biur Halacha says this explicitly (the last one in 46) THAT THE RAMA'S ADVICE TO SAY SHMA BEFORE DAVENING APPLIES WHEN MISSING EITHER THE MOGEN AVRAHAM'S OR GRA/BAAL HATANYA'S ZMAN IS AT STAKE.

Haven't we switched places, one year later, and you are the one making diyukim. No sarcasm intended.
          As a "TIRGIMA RAVA ALIBA D'ABAYAY"
By the way, when I learned in Yeshiva by Rav Scheinberg Shlitah, he told us that the GRA held you cannot say Birkas Krias Shma after Zman Krias Shma, and he always encouraged us to daven with the Yeshiva Minyan. In Eretz Yisroel they make the 1st Zman during davening, which means that Shachris gets as early as 6:50 AM Shabbos morning, when Standard Time begins in Yerushalayim in September.

So, let's say the GRA holds it overrides Tefillah Btzibur. It is clear from the Biur Halacha that the Chofetz Chaim does not agree.

Thanks again.
       

            
   
Reply:  "your whole premise is based on the Diyuk in the Mishna Berurah"

Not true! We don't learn that way. We don't determine Halachot based on Diyukim in Acharonim. We may have used it as a source to help others look into the issue, but never to determine a Halachah.


I'm sorry that I am not going to continue this discussion. It is really not relevant what the Mishnah Berura held here. If you feel that he held different than the way I read it, that is fine. The Halachah is determined by our Posek in our generation. The Mishnah Berurah is not necessarily a requirement for us to follow, more than the GR"a or any other Acharonim. In reality, a Posek must ultimately make his own Psak, even if completely disagrees with other Acharonim. The GR"A himself would even disagree with Rishonim.


This concept that the Mishnah Berura is the final say, is not the way our Torah describes Psak Halachah. That is just Yeshivish distortion.
AA

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