A Reevaluation of the Texts Part III,A Final Word To

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A Reevaluation of the Texts Part III,A Final Word To Bein hashemashot: A Reevaluation of the Texts Part III Bein hashemashot: A Reevaluation of the Texts Part III by: Dr. William Gewirtz This is the third of four posts, from a draft of a forthcoming monograph by Dr. William Gewirtz that addresses the period of bein hashemashot, the most fundamental area of dispute in the area of zemanim. What is proposed is an astronomically accurate hybrid position between the diametrically opposed conceptual views of the geonim and Rabbeinu Tam. That position justifies, to varying degrees, the practice of countless generations of European Jewry that started Shabbat well after sunset on Friday evening. Though often ignored in modern times, practical equivalents of this hybrid position have had major adherents throughout the generations. Our goal is to demonstrate that such a position is not just plausible, but in fact the preferred reading of the gemara in Shabbat, the primary text concerning bein hashemashot. The attached PDF (click here to download) contains the 9 main sections of the monograph. Sections 5, 7 and 8, focused on reading the text of the gemara in Shabbat consistent with observation, detail the core thesis. This post is a commentary on each of the nine sections; unlike the PDF, it takes much wider latitude for conjecture. The next and last post summarizes some major areas of suggested innovation, contrasting the approach taken with an illustrative example of contemporary psak (the various rulings on zemanim of R. Feinstein), before making some closing observations. Commentary on the 9 sections: 1. How many mil does one walk during the period from sunrise to sunset? What is the time required to walk a mil? – 18, 22.5, 24 minutes, etc. Except for Rambam and R. Ovadiah Bartenura, few maintain 24 minutes. Both of the other major opinions have significant support. Some geonim and rishonim likely maintained an 18 minute interval. However, many if not almost all later rishonim, particular those following Ramban, adhere to 22.5 minutes. Interestingly, by the time of the Shulchan Aruch most authorities are united around 18 minutes, with a small number of achronim strongly supporting 22.5 minutes. When I started studying this topic, I was convinced by the overwhelming arguments presented by Prof. Levi based on both the text of the gemara and the opinion of many rishonim, that 22.5 minutes should be strongly preferred. However, 18 minutes also appears well supported. Geography (the distance from Modiin to Jerusalem, for example) seems to support more mil walked per day (even 40 being difficult.) As well, the assumed similarity of the fractions 1/10th and 1/6th used by the gemara in Pesachim would place the twilight period of either the time to walk 4 or 5 mil outside of the daytime period of the time to walk 40 or 30 mil; 5 mil external from 30 mil (1/6th) should imply that 4 mil is external from 40 mil (1/10th.) Arguments in favor of 18 minutes from anyone maintaining 72 minutes, almost all of R. Yosef’s examples, while not conclusive are highly likely. An assumed added vav in the text of the gemara in Pesachim (Our text of the gemara reads “teidah…“u”mealot hashachar” in the second such phrase addressing the interval between dawn and sunrise. The vav does not appear in certain older texts.) when referring to the twilight periods might have been intended to clarify or to lend further support to 18 minutes. Since it is clear that many if not almost all rishonim supported 22.5 minutes, the change to 18 minutes is puzzling. As we demonstrated, a basic mathematical/logical error allowed many to misread the opinion of all chachmai sforad as not necessarily supporting 22.5 minutes. That error and the limited availability of many of their writings are certainly major contributors for the dominance of 18 minutes as the time to walk a mil. However, I suspect that this might also be an example of the impact on halakhic reasoning from the increasing availability of clocks beginning in the 15th century. Clocks made 90 minutes as the time that three stars appear untenable in central and southern Europe; as a result, perhaps, opinion shifted to a somewhat more reasonable 72 minutes and the associated time to walk a mil of 18 minutes. Prior to the widespread use of clocks, it is likely that observation of the skies, as opposed to either 72 or 90 minutes, was used to determine the end of Shabbat. 2. How long is the period from sunset to tzait (kol) hakochavim (or equivalently alot hashachar to sunrise) in the Middle East around the time of the equinox? – 72 minutes, 90 minutes, 96 minutes, 120 minutes, etc. 96 minutes, four intervals of 24 minutes, referenced in a number of tshuvot, is unsupportable since whoever would maintain a time to walk a mil of 24 minutes must also consider the period from alot hashachar to sunrise as the time to walk 5 and not 4 mil. 120 minutes, while theoretically possible, is rarely encountered in halakha and is inconsistent with the point at which total darkness occurs in the Middle East, approximately 80 minutes after sunset. While both 72 and 90 minutes intervals are good approximations to 80 minutes, I maintain a slight preference for 72 minutes for four reasons: (How adherents of Rabbeinu Tam’s approach reconciled the difference in the length of the interval between dawn and sunrise versus sunset and three stars is unclear. The former would suggest 90 minutes in Europe, the opinion of many later rishonim who lived there. On the other hand, the latter would support 72 minutes. I suspect that given the subjective nature of determining what constitutes the first light and the additional stringencies of three small, adjacent stars, the difference may have become less evident. With the advent of clocks, 72 minutes was perhaps easier to assume if one number had to be chosen for both. This in turn may have made observation yet less authoritative.) 1. The amount of light present at 72 minutes is so minimal that it was likely disregarded in halakha. 2. R. Saadyah Gaon and Rambam, who both lived in the Middle East, support 72 minutes. 3. The simple meaning of 1/10th of the (720 minute) day is 72 minutes; assuming 1/10th to mean 90/900 requires a unique variant of the notion of milebar adding two intervals of 90 minutes to 720. 4. Around the winter solstice in Jerusalem, using an adjusted (or even fixed) 90 minutes in calculating according to the Magen Avraham, results in plag haminkha after sunset. In the winter, when the daytime period is approximately 10 hours and the sun is 20 degrees below the horizon about 96 minutes after sunset, plag haminkha (1.25*66 ~ 83 minutes) occurs approximately 13 minutes after sunset. 3. How is the period from alot hashachar to sunrise or its equivalent from sunset to tzait (kol) hakochavim to be adjusted at different locations and during different seasons (if at all)? Prior to the widespread use of clocks, latitude and season (and perhaps even altitude) based adjustments were made naturally. The invention of clocks and the subsequent growth of time based expressions of halakha reduced the dependence on observation as have been documented by Prof. Stern.( Time and Process in Ancient Judaism. ) Many calendars exhibit inconsistent behavior, defining misheyakir, for example, based on physical observation, while maintaining an unadjusted period for alot hashachar, a position that creates anomalies at most European latitudes. In practical terms, the end of a day of the week, when defined either by a measure of darkness or the more common appearance of three stars naturally embed both latitude and seasonal adjustments. However, except for a few isolated exceptions, those who wait 72 minutes after sunset for the end of Shabbat never made upward adjustments. (To my knowledge, no major figure except R. Soloveitchik (and perhaps some family members) applied and practiced precise latitude and seasonal adjustments to lengthen the end of Shabbat when following the opinion of Rabbeinu Tam.) By waiting 72 minutes, they would naturally wait longer than those watching for darkness or the appearance of stars at least until the point that one is approximately 50 degrees latitude or greater from the equator, regardless of the time of year. At latitudes below 50 degrees, even a depression angle of 8.5 degrees, that exceeds the observance of (almost) all communities, would equate to less than 72 minutes. As a result, 72 minutes after sunset remained invariant. Given the location of the vast majority of Jewish communities between 55 degrees north latitude and the equator, those who observed 72 minutes had limited physical motivation to make either latitude or seasonal adjustments; three stars, most often even small ones, are visible by that time. (To the contrary, not just were intervals not adjusted upwards, those who maintained the position of Rabbeinu Tam, either waited exactly 72 minutes or less, not more. As noted previously and first mentioned explicitly by R. Avraham Pimential in the 17th century sefer Minkhat Kohen and practiced in many communities, those following the opinion of Rabbeinu Tam actually reduced 72 minutes (often to around 50 minutes) based on the observation of three stars. I have never read an explanation of how this was reconciled with the calculation for the time of alot hashachar for those following the Rabbeinu Tam. A more traditional view of the Rabbeinu Tam’s position was to wait until 72 minutes after sunset.) (Even for St. Petersburg and certain communities in Scandinavia, given significant variance in how to interpret three small stars, smaller depression angles (but still greater than that which would equate to three medium stars) would allow 72 minutes to remain viable.
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