The Biblical obligation to recite the Shema prayer twice daily—once before retiring at night and once upon waking in the morning—is well established.1 According to the plain reading of all halachic codifiers, the morning Shema must be said within a specific time frame, after which the opportunity to perform the mitzvah passes. An interesting comment from the Kesef Mishnah (Rabbi Yosef Karo, author of the Shulchan Aruch, 1488-1575), however, seems to turn this on its head.

Maimonides begins his Laws of Kriat Shema by setting out the basics:

We [are obligated to] recite the Shema twice daily - in the evening and in the morning - as [Deuteronomy 6:7] states: “...when you lie down and when you rise” - i.e., when people are accustomed to sleep, this being the night, and when people are accustomed to rising, this being daytime.

He sets out the parameters for the timing of the nighttime Shema:2

When is the [ideal] time for the recitation of Shema at night? The commandment [starts] from the time of the appearance of the stars [and should be recited before] midnight.

If one erred and delayed and recited it before dawn, he has fulfilled his obligation. This is because the Sages only stated that [one must recite the Shema] before midnight to distance oneself from negligent wrongdoing.3

And the timing for the daytime Shema:4

When is the proper time [for the recitation of the Shema] during the day? The commandment is that one should start reading before sunrise to conclude and recite the last blessing with the sunrise. A person who delays and reads the Shema after the sun rises fulfills his obligation, for the proper time is until the end of the third hour of the day for one who errs and delays.

One who recites [the Shema] after [the end of] the third hour, even if he was unavoidably detained, fails to fulfill his obligation to recite the Shema at its proper time. He can be compared to one who is reading words of Torah. He should recite the blessings preceding it and after it all day, even if he delayed and recited it after [the end of] the third hour.

Between Night and Day

The obvious discrepancy cannot be overlooked. The nighttime Shema may be recited at any point throughout the night, whereas the daytime Shema must be said within the first three hours of daylight. Any later, and the opportunity is lost.

The obligation to say Shema every morning and every evening comes from the same verse: “... when you lie down and when you rise.” So why does the word בְשָׁכְבְּךָ (“when you lie down”) encompass the entire night, whereas the word בְקוּמֶךָ (“when you rise”) is taken to mean only the hours at which people typically wake up?

The Kesef Mishnah poses this question and concludes that even the morning Shema may be recited at any point during the day, which is why Maimonides writes that one may recite the blessings all day.5 If reciting Shema late meant it no longer fulfilled the mitzvah and was simply “reading words of Torah,” why recite the blessings? According to Kesef Mishnah’s reading, the requirement to recite the Shema before the third hour falls into the category of rabbinic law. The Sages established that Shema and its blessings should ideally be recited directly before the Amidah, which can be said until the fourth hour of the day (or, under certain circumstances, midday). Kriat Shema itself, however, on a Biblical level, may be recited at any point throughout the day.

Furthermore, he notes that the stipulation to recite the Shema by the third hour is not derived from the aforementioned verse (and is therefore not of Biblical origin). Instead, the Sages merely uncovered a subtle indication in the verse which alludes to the law they established. This is referred to as an asmachta.6

“Like Studying Torah”

Nevertheless, some unresolved difficulties remain. Maimonides himself writes that one who recites Shema after the third hour “is likened to one who is studying Torah,” clearly implying that saying Shema beyond that time does not fulfill one’s obligation. Moreover, he writes, “One who recites [the Shema] after [the end of] the third hour … does not fulfill his obligation to recite the Shema at its proper time.” In light of this, how can the Kesef Mishnah say that on a Biblical level the time extends throughout the entire day?!

To address the first issue, we might offer the following interpretation: Maimonides’ statement, “He can be compared to one who is reading words of Torah,” does not categorically mean that the person fails to fulfill his basic obligation of reciting Kriat Shema. According to Rabbenu Manoach (c. 1300-1400), this implies that just as one may study Torah the entire day, Kriat Shema may be recited the entire day.7

And concerning the second issue, Maimonides adds a critical phrase: “One does not fulfill his obligation to recite the Shema at its proper time.” This can be understood to mean that although one does not fulfill the element of reciting Kriat Shema in its ideal time, one does still fulfill the basic obligation of Kriat Shema.8 Similarly, Shacharit (morning prayers) should ideally be recited before the fourth hour of the day, but if missed, one can still pray up until midday. In such a situation, an individual satisfies their prayer obligation but does not fulfill the requirement to pray within the ideal timeframe.9 Although Maimonides does not articulate this, it seems to be the Kesef Mishnah’s understanding.

The Mainstream Approach

Most other halachic codifiers argue strongly against the Kesef Mishnah’s novel interpretation.

Firstly, it is very difficult to assert that Maimonides draws the same conclusion with regard to both the nighttime and daytime Shema, and yet only articulates this position in relation to the nighttime Shema. If it is true that the ideal time enacted by the Sages (which has a specific time limit) and the biblically sanctioned time (which spans the entire night or day) pertains to both the daytime Shema and the nighttime Shema, surely that is something Maimonides would have clearly stated.

Secondly, the author of the Kesef Mishnah himself, in his Code of Jewish Law, rules that one may only recite the blessings of Kriat Shema until the fourth hour of the day10 (or until midday in cases of necessity).11 If the mitzvah extends throughout the day, why assign a time limit to the blessings?

Additionally, the Magen Avraham12 (Rabbi Avraham Gombiner, 1635-1682) points out that the blessings of Kirat Shema are not inherently linked to Kriat Shema itself.13 As such, the fact that Kriat Shema and its blessings may be recited after the end time for reciting the actual Kriat Shema does not imply that one fulfills their obligation of Kriat Shema with this late recital, contrary to the Kesef Mishnah’s inference. The blessings are simply recited in the sequence of the prayer and are not intrinsically connected to Kriat Shema.

He further points out that if the Kesef Mishnah were correct in his assertion that one may fulfill the obligation of reciting Kriat Shema at any point throughout the entire day, then it would no longer be considered “a mitzvah bound by time.” The Talmud, however, clearly defines Kriat Shema as a time-bound mitzvah, which is why women are not obligated.14

So Why the Difference?

In response to the Kesef Mishnah’s original question about the different interpretation of the words in the same verse referring to the daytime and nighttime Shema, the Magen Avraham suggests a simple solution.

For the evening Shema, the term used to indicate the time frame is “when you lie down.” Since one is essentially lying down for the entire duration of their sleep, it makes sense that the evening Shema can be recited throughout the night. When it comes to the daytime Shema, on the other hand, the term used is “when you rise.” Rising is a one-and-done event. You cannot convincingly argue that one is in a state of rising the entire day. One is “awake,” “standing,” or “sitting,” and so on, but not “rising.” Therefore, daytime Shema is limited to the morning hours when people are still getting up. In fact, the reason Kriat Shema can be recited until the third hour is due to the luxury princes enjoy, being able to sleep in until that time. After a certain time, all are awake, and the time for rising has passed.

In fact, the Magen Avraham writes that this distinction is clearly articulated in the Sefer Hachinuch:

The term “when you rise” does not imply the entire day, like the term “when you lie down” implies the entire night. Because it is not regular for a healthy person to rise from his bed at the end or even in the middle of the day.15

Summary

Kesef Mishnah made the case in his comments to Maimonides that one should be able to recite Kriat Shema the entire day— at least on a biblical level. However, he does not reference this in his Code of Jewish Law. This, and the fact that he limits the recital of the blessings of Kriat Shema until the latest time for prayer, not to mention the other issues we noted, leads us to the inevitable conclusion that the final law is that even on a biblical level, Kriat Shema must be recited before the end of the third hour of the day.