Siman 58

The Rambam wrote in the first chapter of Laws of Kiryat Shema, halacha 11: What is its time during the day for its commandment? That one should begin to recite it before the sunrise, in order that he finishes reciting and blessing the final blessing with the sunrise. And this measure is like a tenth of an hour before the sun rises. And if he delayed and recited Kiryat Shema after the sun rose – he has fulfilled his obligation, for its season is until the end of three hours of the day for one who transgressed and delayed. And one who preceded and recited Kiryat Shema after the dawn rises, even though he finished before the sunrise – he has fulfilled his obligation. And in a time of pressing need, such as if he was rising early to set out on a journey – he may recite it ab initio from when the dawn rises. Thus far his words. And according to his words, the primary time of Kiryat Shema from the Torah is a little before the sunrise, in a manner that he finishes the final blessing of Kiryat Shema, which is the blessing of "Ga'al Yisrael," exactly with the sunrise, in order that he begins the Shemoneh Esrei prayer immediately after the sunrise, as it is written: "They shall fear You with the sun," and it refers to prayer. And so the vatikin did, as is explained in Berakhot (9b). And even though "Others" say there that the time of Kiryat Shema is from when he sees his fellow at a distance of four amot and recognizes him, and Rav Huna said the halacha is like "Others," nevertheless, Abaye said afterward: regarding tefillin like "Others," regarding Kiryat Shema like the vatikin..., see there. And the halacha is like Abaye, and also the approach of the Rif is so.

The approach of our teacher Tam and our teacher Chananel in the Tosafot of Yoma (37b) is that the primary time for the recitation of Shema according to the Torah is after the sunrise, as is proven from Yoma there. And the verse "They shall fear You with the sun" refers to the recitation of Shema, for the recitation of Shema is also termed "fear." The vatikin would indeed precede the time slightly, because they desired to begin the Shemoneh Esrei prayer immediately after the sunrise, and Abaye also holds this way. And that which was said regarding the recitation of Shema "like the vatikin," is merely a sign that the time is at the moment of sunrise, except that the vatikin preceded it slightly. There is no concern in this, for after the fact one fulfills the obligation immediately after the dawn. It emerges that according to this approach and the approach of the Rambam – the time for the recitation of Shema of "others" is completely rejected. This is not the opinion of most of the poskim, as will be explained.

This is the wording of the Tur: From when is its time? From when one can see his friend, with whom he is slightly familiar, at a distance of four amot and recognize him. And it continues until the end of three hours. And the choice fulfillment of the mitzvah is to recite it like the vatikin, who would intend to recite it slightly before the sunrise, so that he finishes it and its blessings with the sunrise, and joins the prayer to it immediately at the sunrise. And so wrote the Rambam… and whoever is able to do so—his reward is very great, and it is guaranteed to him that he is a member of the World to Come, and he will not be harmed all that day. Thus far his words. And this is the opinion of the Tosafot and the Rosh and most of the poskim, that the time is from when one can see his friend with whom he is slightly familiar at a distance of four amot and recognize him. For if he is very familiar with him, even at night he would recognize him, and if he is not familiar with him at all, certainly even afterwards he would not recognize him. Rather, it is with one who is slightly familiar, and so it is stated in the Yerushalmi. And this time is much earlier than the sunrise. And that which he wrote "And so wrote the Rambam," it does not refer to the entire matter but rather to the mitzvah of the vatikin (Kesef Mishneh). And according to the opinion of the Tur, our teachers the authors of the Shulchan Aruch ruled, because most of the poskim hold so.

And it must be understood: regarding what do all these disagree? For since after the fact one fulfills the obligation from amud hashachar, because after amud hashachar it is day for all matters in the Torah. If so, from where do we derive other measures? According to the approach of our teacher Tam and our teacher Chananel, it works well, for regarding all mitzvot we learned in a mishnah at the end of the second chapter of Megillah that all mitzvot of the day, their mitzvah is ab initio from hanetz, and if one performed them from amud hashachar – it is valid, because the primary strength of the day is at the rising of the sun. Also according to the approach of the Rambam it is not so difficult, for since the primary time for prayer is from hanetz, as it is written, "They shall fear You with the sun," and it is a great mitzvah to join geulah to prayer, therefore they begin before hanetz so that he finishes with hanetz, as I have written. But according to the Tur and most of the poskim, that the measure is from when one sees his friend..., and so too all the measures of the Tannaim in the mishnah there, and they are between amud hashachar and hanetz, from where do we derive them?

However, the explanation of the matter is this: for the positive commandment of the recitation of Shema is not similar to all other commandments. For all commandments that apply by day apply the entire day, and all commandments that apply by night apply the entire night and no more. But regarding the recitation of Shema the matter is different, for the recitation of Shema of the day only applies until three hours of the day and no more. And the recitation of Shema of the night not only applies the entire night but even applies to the day as well, for which reason the sages said that sometimes when one recited after the break of dawn he fulfills his obligation for the recitation of Shema of the night (Berakhot 8b), and as I have written below in siman 235. And the reason for the matter: since the Torah wrote regarding the recitation of Shema "when you lie down and when you rise" — the Torah was meticulous regarding the time of lying down and the time of rising. And since there are people in the world who sleep even after the break of dawn — it is considered as that of the night even though the break of dawn is considered day regarding every other matter. And so they said in the Gemara there: because there are people who sleep at this hour, see there (9a). And it is also considered for the recitation of Shema of the day, because there are people who rise from their beds at this hour (ibid. 8b). But after three hours of the day it is not the way at all to sleep, and even the sons of kings rise from their beds at the end of three hours, it is no longer called "when you rise." And therefore the recitation of Shema of the night continues even after the night until the sunrise, for then everyone rises from their beds. But until the sunrise there are those who lie on their beds. And the recitation of Shema of the day is only until three hours, for then the entire world rises from their beds. And in this the Tannaim argue regarding the ideal: when is the time that most of the world rises from their beds, so that it shall be called "when you rise"? This one says thus, and that one says thus. And we hold like the others, for then is the time for most of the world to rise from their beds.

And with this, that which exists regarding the commandment of the recitation of Shema, ab initio and ex post facto, is understood. For ab initio one should recite from the time he sees his fellow at a distance of four amot or another measure, and ex post facto until three hours. This is because certainly ab initio one must fulfill "and when you rise" according to the majority of the world, but ex post facto if there are only some people who are rising now, like the sons of kings—he has fulfilled his obligation. And one should not ask: Why do we not say that the entire day is considered "and when you rise" just as the entire night is considered "and when you lie down," as indeed our teacher, the Beit Yosef, questioned in his great book? For they are not comparable: for lying down is aptly called so as long as one is lying, but rising is only recognizable when he rises, but afterward it is not called "rising" but rather "standing" or "sitting" or "walking" (Magen Avraham subsection 7, and Taz end of subsection 4). And for this, our teacher, the Beit Yosef, wrote in section 2 that if one did not recite the recitation of Shema before the sunrise, he should hasten to recite it quickly as much as he can. Thus far his words. And the reason is because then, in any event, there are more people rising from their beds in the world than there are afterward.

And there are those who asked: Just as one fulfills the obligation of the evening Shema after amud ha-shachar, because there are people who are still lying in their beds and we apply the verse "and when you lie down," if so, one should fulfill the obligation of the evening Shema until three hours into the day, for there are sons of kings who are still lying in their beds? And there is one who answered that they are lying down but are not sleeping, and therefore we certainly apply to them "and when you rise" and not "and when you lie down" (Magen Avraham, subsection 6, in the name of the Milchamot). And there is one who answered that it is understandable regarding the daytime Shema—we certainly follow "and when you rise" of the sons of kings even though they are a minority, since it is fully day. However, regarding the evening Shema, to recite it during the day—we do not follow the minority of the sons of kings (ibid. in the name of the Rashba). This is not the case after amud ha-shachar, when many are still sleeping in their beds and the day has not yet dawned—it is certainly called "and when you lie down."

And in my humble opinion, it appears that there is no basis for this question. For it will be explained that when one recites the Shema of the night after the rise of dawn—he may not then recite the Shema of the day, as our teacher, the Beit Yosef, wrote in section 5, and this is his wording: If one was under duress and did not recite the evening Shema until the rise of dawn, since the sun has not yet sparkled—he recites Shema, and fulfills through it his obligation for the evening Shema. And if he was under duress at that hour to set out on a journey [to a place] of bands of wild beasts and bandits—he may not then recite Shema a second time to fulfill through it his obligation for the day Shema, for since he made that hour night—it is impossible to turn back and make it day. Thus far his words. And now, it is automatically impossible in any way to recite Shema after the sparkling of the sun for the obligation of the night, for if so, he would not be able to recite the morning Shema. For since you made it night, how can you make it day? And all the time after the sparkling of the sun is in one status. And all the more so if he recites the evening Shema during the three hours—no time at all will remain for the morning Shema, for after three hours the time has passed. And if we were to say that he should then recite the morning Shema before the sparkling of the sun, and the evening Shema after the sparkling—this is certainly impossible to precede the time of the morning Shema before the evening Shema of last night. Therefore, this question has no place at all. (See Magen Avraham subsection 6, who wrote in the name of the Milchamot, and this is his wording: And regarding the morning Shema, even though we require morning and it is not all day, since it is written "and when you rise"... And furthermore: because they established the parsha of tzitzit, as it is written: "and you shall see it"—therefore they established its time from when one can recognize between tekhelet... Thus far his words. And I do not understand: for is "morning" written regarding Shema? And furthermore: for we hold like the Acherim, and not from when one can recognize between tekhelet..., and it requires further study. And according to what we explained in section 7, it works out well with simplicity. And be precise and you will find it easy.)

One who is under duress, such as one who must set out on a journey in a place of bands of wild beasts and bandits, such that he will not be able to stand or to have kavanah even for the first parsha, and even until "upon your heart." And even according to what will be explained in siman 63, that the primary kavanah is in the first verse, nevertheless it is explained there that it is forbidden to recite in a temporary manner. And according to the opinion of the Bahag in the Tur there, one requires kavanah until "upon your heart." And if so, in such a dangerous place, when he walks it will certainly be in a temporary manner (see Magen Avraham subsection 4). And similarly, if the caravan is traveling quickly and they do not wish to wait for him at all—he may recite it with its berakhot from when the amud hashachar rises, and he may also say the berakhah of "Yotzer Or." And there are those who say that he should not say "Yotzer Or" then (ibid. subsection 5). But if he is not traveling in a place of bands of wild beasts and bandits, and also the members of the caravan are not so hurried, even if he sets out on the journey after the amud hashachar has risen—he does not recite it until its time arrives. And nevertheless, bediavad, if he already recited it from when the amud hashachar rose, even though he was not under duress—he has fulfilled his obligation. And if he recited it without berakhot—he must return to recite it in its time with the berakhot, and see below in siman 60. And similarly, if there is an urgent matter in the city such that they are compelled to recite Keriat Shema as early as possible, such as when there is a deceased person, or a brit milah, or on the day of Hoshana Rabbah when they increase supplications—they may recite it immediately after the amud hashachar. And similarly those who pray at the light of morning on the first day of Shavuot (ibid. subsection 3).

Three hours are a quarter of the day when the day and night are equal. And at all times we measure by a quarter of the day; thus when the day is sixteen hours long, the time for the recitation of Shema is until four hours, and in the winter when the day is eight hours, the time for the recitation of Shema is only two hours into the day. According to this, in our countries which are toward the north of the world, the time for the recitation of Shema ends in the summer at the half-point of the eighth hour even if we calculate from the sunrise, as is explained in the calendars. Therefore, one must be careful in the summer to begin the prayer no later than when the clock indicates seven hours, so they will reach the recitation of Shema before the middle of the eighth. But in the winter, the time for the recitation of Shema extends until the tenth hour and a little more, as is explained in the calendars. (And the Taz, in small subsection 1, brought from the Beit Yosef that in the winter when the day is short one must hurry, see there. And this refers to their countries. Examine it and you will find it simple.)

That which we have written, that in every season we calculate a quarter of the day, and this is what is called "seasonal hours," meaning: that the day is always twelve hours and the night is twelve hours, and the hours are only equal on days when the day and the night are equal. But when the day is longer than the night—an hour of the day is larger than that of the night, and when the night is longer than the day—an hour of the night is larger than the day. So wrote the Rambam in the Commentary on the Mishnah in the first chapter of Berakhot, see there. And that which is said in the Zohar Vayakhel (page 195b) that if an hour is added to the night it is an hour added from the day, see there—this is regarding the Garden of Eden where the Holy One, Blessed be He, delights there with the righteous as is explained there. And there the day and the night are equal in hours, and not regarding the laws of the Torah for us. For if it were not so, would we say in the winter on Friday afternoon that it is permitted to perform labor until after the sixth hour after midday, and on Saturday night we would forbid performing labor until after the sixth hour? This is a wonder. And Heaven forbid to say so. (And so it is implied in the Magen Avraham, siman 1, subsection 4. And so wrote the Yad Ephraim there in the name of the kabbalist our teacher, the Rashash.)

However, there is a question regarding this: Granted that this is certainly so for all laws of the Torah, nevertheless, regarding the matter of Keriat Shema, where it is written "when you lie down and when you rise," do not the lying down and the rising remain unchanged whether the day lengthens or shortens? That is to say: when the day and night are equal, the time for Keriat Shema is until after the ninth hour, which is three hours into the day, because the sons of kings sleep until three hours. If so, is it possible that during the Tammuz season, when a quarter of the day is at the middle of the eighth hour, the sons of kings would rise then? Behold, they sleep until after the ninth hour. If so, let the time for Keriat Shema always be until after the ninth hour, for we read "when you rise" at that time? And I saw one of the great authorities who considered saying so. (Mishkenot Yaakov, siman 76, and he wrote "were I not afraid," see there.)

However, in truth, this is not a question at all, and the laws of the Torah shall never change; that is to say, to look according to the custom of the place. Regarding matters that depend on day and night, the Torah commanded us that each person in the place where he is, when it is day for him—he shall observe the laws of the day even if in another place it is night, and when it is night for him—he shall observe the laws of the night even if in another place it is still day. And regarding this it is said: "It is a Shabbat to Hashem in all your dwellings." That is to say: you shall accept the Shabbat in every place where you dwell, so that when Friday in your place reaches night—it is Shabbat for you, even if in another place it is still Friday. And conversely: on Saturday night when it is night—it is a weekday for you, even if in another place it is still Shabbat. And so too regarding the recitation of Shema, as the Torah said "when you lie down and when you rise"—it does not depend on each individual when he lies down and when he rises, but rather the time of lying down for most of the world and the time of rising for most of the world. And our sages, of blessed memory, estimated that at the time of sunrise most of the world rises from their beds, and there are those who rise from dawn, and the sons of kings sleep until three hours, which is a quarter of the day. And we do not pay attention to the fact that there are several cities where at sunrise everyone is still sleeping and the like. And according to this, it is as if the Torah said that at sunrise you shall recite Shema, and until a quarter of the day is the time for the recitation of Shema. And then automatically, in each and every place according to where it stands on the globe, when the sun rises there, it is the time for the recitation of Shema. And when a quarter of the day passes there, the time for the recitation of Shema has passed, just as with Shabbat. And we do not pay attention to whether they have already stood up there or are still sleeping, for the Torah was not given according to the custom of people, but rather it is a decree: thus and so shall you do in the day and in the night. And automatically, whenever it is day for someone—the commandment of the day is upon him, and at night—the commandment of the night is upon him.

There is one who says that we calculate the quarter of the day from amud hashachar (Magen Avraham subsection 1). According to this, in our countries during the summer, the time for Keriat Shema will pass after the seventh half-hour, because for us in the summer, the time from amud hashachar until hanetz is a long duration. However, the great ones of the generation have already lengthily rejected this matter, and they brought clear proofs that we calculate from hanetz (the Gra in siman 459, and the Grashz in his siddur). The Levush likewise wrote this later in siman 233, and so we hold as the primary ruling. Similarly, the time for Keriat Shema is printed in the calendars according to the calculation of netz hachamah, and would that we should stand by this calculation. And in our many iniquities, it has become like a permitted thing to pass the time of Keriat Shema, especially in the summer. In any event, when one sees that the time will pass – he should recite Keriat Shema even without the blessings. Even though this is not entirely according to the enactment of the sages, who enacted it specifically with the blessings, nevertheless, he fulfills his obligation from the Torah. And even if he does not have tefillin available now – he should recite without tefillin, for our sages, of blessed memory, did not say "anyone who recites Keriat Shema without tefillin is as if he testifies false testimony against himself" (14b) except when he has tefillin now, but not that the time for Keriat Shema should pass because of this. Several great ones wrote likewise (Levush and Ma'adanei Yom Tov, and see Taz). And they wrote that he should also recite it with its blessings, see there.

Kriat Shema is a positive commandment from the Torah to recite it twice each day, once in the morning and once in the evening. The Rambam counted it in the enumeration of the commandments, and this is the opinion of most of our teachers. And even those who hold that Kriat Shema is rabbinic also admit that there is an obligation and a positive commandment from the Torah to recite "when you lie down and when you rise up." Rather, they hold that from the Torah one also fulfills the obligation with other passages of the Torah (Tosefot Ri in the third chapter, and Sha'agat Aryeh siman 1), and the rabbis instituted the recitation of these three passages. However, we hold that Kriat Shema itself is from the Torah. And some say that only the first verse is from the Torah (Kesef Mishneh and Magen Avraham at the beginning of siman 67). And some say that the first passage is from the Torah (Sha'agat Aryeh siman 2). And some say that "And it shall come to pass if you surely hearken" is also from the Torah (Pri Chadash at the beginning of siman 67). And from Rashi at the beginning of Berakhot it is implied that only the first passage is from the Torah, but from the Tosefot and the Rosh there it is implied that all of them are from the Torah, see there. (And in any case, regarding a doubt if one recited—he recites all of them according to all opinions. And it will be explained in siman 67 with the help of Heaven.)

From the words of the Rambam at the beginning of the Laws of Kiryat Shema, it appears to me that he holds that all of them are from the Torah. For first he wrote: It is a positive commandment to recite Kiryat Shema twice a day. And afterwards he wrote: And what is it? One recites these three parashiot… and we precede by reciting the parasha of "Shema," because it contains the unification of the Name, the love of Him, and the study of Him, which is the great principle upon which everything depends. And after it "Vehaya Im Shamoa," because it contains the command regarding all the rest of the mitzvot. And afterwards the parasha of tzitzit, because it also contains the remembrance of all the mitzvot… and these three parashiot in this order—this is what is called "Kiryat Shema." Thus far his words. And besides the fact that the surface of his wording implies that all of them are from the Torah, there is also this: for if we were to say that only the first parasha is from the Torah, or only the first verse, why must he state a reason for the precedence of the first over the second? Let him say it is because the first is mid'oraita. And also regarding the second preceding tzitzit, let him say it is because the third is d'rabbanan. Furthermore: it is known that his way throughout his great composition is to explain what is d'oraita and what is d'rabbanan. And if he held that they are not all from the Torah, he should have explained that this one is d'oraita and this one is d'rabbanan. Rather, certainly he holds that all of them are from the Torah. And as for our holy teacher only reciting "Shema Yisrael" (13b), it is because according to the law he was entirely exempt. For even one who is occupied with the needs of the public is exempt, as I wrote in siman 70, certainly our holy teacher who was teaching Torah to the students, as Rashi wrote there. Rather, despite all this, he would recite the first verse, because there is no interruption to the study of Torah in this. And that which is while standing is only the first verse, because it requires extra kavanah, as is understood.

And that which our teacher, the Beit Yosef, wrote in siman 63, section 6: One who recites Shema—he may not wink with his eyes... in the first parasha, which is the essence of the acceptance of the yoke of the kingdom of Heaven. Thus far his words. — This is no proof that the rest are d'rabbanan, for he explained the reason as being because it is the essence of the acceptance of the yoke of the kingdom of Heaven. That is to say: in it, this is disgraceful, but not in the rest. Furthermore: in truth, the Rambam did not write "the first parasha," see there (as the Magen Avraham wrote there in subsection 10). And behold, it is explained there that craftsmen may recite at the top of a tree and do not need to descend. And if it should enter your mind that there are parashiot that are d'rabbanan, why did they not be lenient with craftsmen that they should not recite them, just as they were lenient regarding the blessing of "HaTov VeHaMeitiv" in Birkat HaMazon, as I wrote in siman 191? Rather, it is certain that in Shema, all of them are from the Torah. However, this could be rejected, for since one is permitted to engage in work during the second chapter—there is no neglect of work in this. And another proof: from the fact that the sages required one to be meticulous with the letters in all the parashiot, as I wrote in siman 61. And if it were d'rabbanan—they would not have been concerned to be so meticulous, just as with all of the reading of the Torah which is d'rabbanan and they were not as concerned as they were with the recitation of Shema. And it is more wondrous to me: how is it possible to say that they are not all from the Torah? For if so, at the beginning of the second chapter where it is taught in the Mishnah: Why does "Shema" precede... — and if only "Shema" is d'oreita or the first parasha, why is a reason needed for this? And as I wrote regarding the Rambam, it is obvious that the one which is from the Torah must be preceded. And so too for the one who holds that two parashiot are d'oreita but not the parasha of tzitzit, why is a reason needed there for the precedence of "Vehaya Im Shamoa" to "Vayomer"? See there. Rather, it is certain that all of them are from the Torah.

The sages taught in the Mishnah (9b): One who recites from this point onward has not lost out, like a person who reads from the Torah. For he is like a person who reads one of all the portions in the Torah. And even though he has not fulfilled the obligation of the recitation of Shema, he has a receipt of reward like one who occupies himself with Torah (Rashi). And it is explained in the Gemara: What is the meaning of "has not lost out"? He has not lost out on the blessings. That is to say: that he may, even after the time, recite the blessings of "Yotzer Or" and "Ahavah Rabbah" before the recitation of Shema, and "Ga'al Yisrael" after the recitation of Shema. However, the Rashba and the Rosh wrote in the name of Rav Hai Gaon that this is only until the fourth hour, until a third of the day, which is the time of prayer. But after the time of prayer—it is forbidden to say the blessings. And if he blessed—it is a blessing in vain, and he violates "You shall not take." And the Tur and the Shulchan Aruch in section 6 ruled accordingly. But the Rambam at the end of the first chapter wrote that all day long he may bless, see there. And it is not understood: for since "has not lost out" refers to the blessings, what is the meaning of "like a person who reads from the Torah"? What is the connection of blessings to Torah? And according to the Gaon it is settled, for this refers to after a third of the day. But according to the Rambam it is difficult and requires further study. And one who recites it in its time is superior to one who reads from the Torah. (Gemara ibid. And know that the Tosafot of Rabbi Yitzchak raised a difficulty regarding the language "has not lost out," and they answered regarding the matter that he may recite by heart, see there. And it requires great study, for the Gemara asks and answers regarding the matter of the blessings.)

And know that the wording of the Tur is as follows: Even though its time extends until the third hour, if he was under duress and did not recite it – he may recite it with its blessings throughout the fourth hour… Thus far his words. And it implies that the sages did not permit him to recite the blessings except specifically when he was under duress. But if he intentionally let the time of the recitation of Shema pass – he should not bless. Our teacher, the Beit Yosef, in his great book wrote that he did not use the term specifically, see there. And I wonder: for the Rambam in the Commentary on the Mishnah also wrote, and this is his wording: He has not lost the blessings… and this is for one who forgot… Thus far his words. And also from his wording in his composition at the end of the first chapter it implies so, as he wrote: One who recites after three hours of the day, even though he was under duress – he has not fulfilled the obligation of the recitation of Shema in its proper time… Thus far his words. And regarding what our teacher, the Beit Yosef, questioned there on the Tur, from where do we know to make such a distinction, see there – I do not know. For certainly every enactment of the sages is so, and all the more so regarding a Torah positive commandment upon which the sages enacted the blessings. And even though the blessings are not connected to the recitation of Shema as will be explained, nevertheless, in the end, thus they enacted. And certainly they only enacted it if he fulfilled it according to the law of the Torah, and not when the time of the recitation of Shema has passed. And only in a case of duress did the sages permit him to recite it even afterwards with its blessings, and not when he let it pass with a rebellious soul. And it requires further study.

And know that in the Yerushalmi, the first chapter of Berakhot (halakha 5), it is explained that in a tzibbur one should not recite kariat shema at all after the time for kariat shema. And thus it is stated there: Rabbi Yose and Rabbi Acha went out for a fast. The tzibbur came and recited shema after three hours. Rav Acha sought to protest against them. Rabbi Yose said to him: Have they not already recited it in its proper time? Do they recite it now for any reason other than to stand for prayer from amidst words of Torah? He said to him: Because of the ignorant, so that they shall not say they are reciting it in its proper time. Thus far his words. Behold, in a tzibbur it is forbidden after the time for kariat shema. And I found that our teacher, the Beit Yosef, in his great work, siman 46, cited this and wrote: From the fact that it says "he sought to protest"—learn from this that he did not actually protest. See there, and it is a simple inference, obviously. And he further wrote that they would not listen to us even if we were to protest against them, see there. And this is certainly so, as is known. And there is somewhat of a proof for his first answer, for there previously the Yerushalmi cited that in the days of Rabbi Yochanan they would do so and he did not protest against them, see there. However, even if we say so, it implies explicitly that this is only when they have already recited it in its proper time, as Rabbi Yochanan answered him. And how shall we find our hands and feet in all our provinces during the summer days? And He, the Merciful One, will atone for iniquity. And it requires great study.

Below in siman 108 it will be explained that regarding prayer, if one was under duress and did not pray – he prays twice in the prayer adjacent to it. Therefore, some say that also regarding keriat shema, if he did not recite it during the day – completion is effective during the evening service, and he recites the first for the obligation and the second for the completion when he was under duress during the day. And likewise, if he did not recite it in the evening – it has completion during the day. And some disagree, for it is not similar to prayer, which is mercy and at any time one can request mercy, which is not the case regarding keriat shema where we require "lying down" and "rising up." And how can he recite for "rising up" at the time of "lying down," and for "lying down" at the time of "rising up"? And regarding this it is said: "That which is crooked cannot be made straight." And it is obvious that he should not recite the blessings (the HaGarz). And we have never heard of a ruling in accordance with the first opinion.