Question: As I came into the synagogue, they were about to recite Keri’at Shema. I had as yet not put on my tefillin. What should one do in that situation?
A Reader
Via E-mail
Answer: True, it is best to don the tefillin when reciting the Shema because the very text of the first parasha of the Shema (Deuteronomy 6:8) states: “And you are to wear them [tefillin] as a sign on your hand and as frontlets between your eyes.” To recite the Keri’at Shema when not wearing them would seem to be incongruous. But let’s leave that for later. Indeed, halacha stipulates that one join in with the congregation even without wearing tefillin, at the minimum to recite the first verse, beginning “Shema Yisrael,” and “Baruch Shem k’vod.” As we discuss this halacha further, there will be more clarity.
The Mechaber (Orach Chayyim 62:5) rules that the chazzan should raise his voice as he recites Shema Yisrael in order that the congregation hear so that they enthrone the Heavenly Name in unison. This rule, the Biur Halacha states (ad loc sv kedai sheyishmeu), does not apply only to those who are joining the chazzan in tefillah, but even to one who is not praying now but will do so later. He cites Pri Megadim who cautions that such a person take care not to discharge his obligation; rather he should only discharge his obligation when he first recites the Shema with its blessings – the Birkot Keri’at Shema. This rule, contends the Mechaber (infra Orach Chayyim 65:2) in the name of the name of the Rosh (who cites Halachot Gedolot), implies that an individual who had previously recited the Shema should repeat it together with the chazzan and the congregation, and he rules as such, as we will see further.
“A person who previously recited the Shema arrived at the synagogue, and he found the congregation [about] to begin reciting the Shema. He is required to recite with them the first verse so that it not appear as if he wishes not to assume the yoke of Heaven together with his fellows. Such is also [in the event] where he is in the synagogue and reciting supplications or verses and at a point where it is permissible to interrupt [he should also recite the Shema], but if he is at a point [during the tefillah] where one may not interrupt, namely from Baruch She’amar and onwards, he should not interrupt [to recite the Shema but should continue saying the words in the siddur that he was reciting]. However, when the congregation recites the first verse of the Shema, he should chant the words he was then saying in the same intonation as that of the congregation, so that it would appear that he was reciting the Shema with them.”
The Mechaber (Orach Chayyim 65:3) continues: “If he had already recited the Shema and he arrived at the synagogue, it would be proper that he recite the entire Keri’at Shema [all three chapters] and receive his reward as one who is reading from [studying] the Torah.” Magen Avraham (ad loc sk4) cites Bach who rules that he interrupts to join the congregation even if he is in the midst of the Birkot Keri’at Shema – the blessings of the Shema.
Shulchan Aruch HaRav (ad loc sk2) sharply disagrees and rules that one is not do so, as he states in the strongest of terms that one who interrupts while in the midst of Birkat Keri’at Shema must be shown our contempt.
Aruch HaShulchan (Orach Chayyim 65:sk6) comments on this ruling )but not in such strong terms) as he simply states, “We do not do so. On the other hand, for one who is in the midst of Pesukei D’zimra [even after he has recited Baruch She’amar], he is to interrupt to join with them.”
Mishna Berurah (Orach Chayyim 65:sk 10) now cites one authority that disagrees slightly with the above statement of the Mechaber that it would be only proper to recite all three chapters of the Shema (but is not required): the Gaon of Vilna, who rules that it is an absolute requirement to recite all three chapters of the Shema. Yet Mishna Berurah (citing Derech HaChayyim) contends that we need not opt for such stringency and that if he is in the midst of Pesukei D’zimra, he need only recite the first the verse of Shema Yisrael and Baruch Shem along with them.
(To be continued)
