1) Text-based and location
The Mishnah (Berachot 2:5) teaches that the boyfriend (jatán) is exempt from reciting the Shema on the first night of your marriage —in practice rabbinic usual it was the night of Wednesday— until motzáei Shabbat (Saturday night), if it is not consummatedbecause of the concern related to the consummation. He also said that Rabban Gamliel married and yes recited the Shema on the first night; his students objected, and he replied that he will not refuse even for an instant, to accept the yoke of the Kingdom of Heaven.
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2) historical Context: why “Wednesday night”?
The fixation of wedding of the virgin on Wednesday responds to a judicial settlement old: the courts met Monday and Thursday; if there was a complaint about the virginity, the husband could go immediately to the bet din. This explains that the “first night” typical would be Wednesday, and gives framework to the account of night until Saturday.
3) Foundation halachic of the patur (exemption)
The development in the Gemara (Berachot 16a) formulates the principle: “osek be-mitzvah patur min ha-mitzvah” and, more specifically, the tirda of mitzvah (mental worry by fulfilling a mitzvah) exempt; in contrast, the concern that matters secular (tirda of reshút) non-exempt. The jatán is mentally absorbed by the bi at mitzvah (consummation of marriage), hence the exemption during the first few nights.
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4) temporal Scope of the exemption
- Mishnah: the Wednesday night until motzáei Shabbat, if you do not consummated (four nights).
- Tosefta (Berachot 1:5-6): extends the conceptual framework: the jatán and those who are busy on mitzvot they are exempt not only of the Shema, also of the Tefillah (Amidá) and even (according to some readings) of Tefillin, highlighting the general nature of the principle.
- Gemara / Rishonim: discuss if they are four nights or three days (day and night) and the condition “if you do not consummated” as a trigger that close the exemption in the act of consummating.
5) The case of Rabban Gamliel
The episode does not invalidate the rule; it displays a personal practice. Two readings the main commentators (summary academic):
- Personal piety / capacity kavaná: Rabban Gamliel is considered able to focus and he preferred not to lose the kabalat ol maljut shamáyim (acceptance of the yoke of heaven), nor even for a moment. This is the reading trowel of the Mishnah.
- Not normative model for all: part of the literature, modern analytical stresses that does not convert your conduct on duty; the Mishnah maintains the exemption by tirda of mitzvah.
6) Referrals halájicas later
- Shulchan Aruch, Orach Jaím 70:3: encodes he who marries the virgin is exempt from the Shema for three days if you do not consummated, being engaged in a mitzvah. But today —given that in general the kavaná perfect is not reached— the jatán yes recite the Shema. That is to say, the current practice is recite.
- Rambam and compendiums halájicos: the framework of exemption for tirda of mitzvah it is used for distinguish Shema (which requires kavaná acceptance of the Heavenly Kingdom) concerns of profanity that no exempt.
- Tosefta: as above, possible waiver also Amidá and Tefillin for the one who is actively engaged in a mitzvah, but the normative practice modern with regard to the jatán is restricted in most communities Shema and, in practice, recited.
7) conceptual Structure: fine points
- Kavaná as a criterion: the Shema requires a act of conscience (ok, the Celestial Kingdom). If the tirda prevents kavaná, there is exemption; if no the prevents (case Rabban Gamliel), you can recited.
- “Osek be-mitzvah” vs. “tirda of reshút”: only the occupation in a mitzvah exempt; worldly concerns (business, etc) no.
- Condition for problem resolution: consummate ends the tirda of mitzvah and, with it, no waiver.
8) Connections with other sources
- Ketubot 1:1–2a: justifies the Wednesday as day bridal typical in the Old court Monday/Thursday), so that explains the chronology mishnaica.
- Analysis of contemporary (Har Etzion / Machon Siach): clarify the duration (four nights) and the difference between tirda of mitzvah and other tirdotin addition to contextualize the story of Rabban Gamliel as personal decision not normativizante.
9) Conclusion operational
- Rule of the Mishnah: the jatán is exempt the Shema by the concern of the mitzvah of consummation, Wednesday night until motzáei Shabbat, if you do not consummated.
- Conduct of Rabban Gamliel: you have opted to recite by kavaná staff and zehidut (conscientiousness), without the repeal of the general exemption.
- Psak current (Shulchan Aruch 70:3): today it is customary to recite the Shema even on the first daygiven the realities of kavaná; exemption classic is limited in practice.
