is uncertain, see what practice the people are following.’ And the community is already accustomed to saying this benediction."
38. Tosefta, Berakhot 1.1; B. Berakhot 2b.
40. M. Berakhot 1.1.
41. Otzar Hagaonim, Berakhot#2. Since the Shema is, after all, d'oraita, it must be observed strictly. This is not the case with tefilat aravit, whose status is not even derabanan(B. Berakhot 27b ). Rav Hai notes that this procedure makes it impossible to have the tefilah follow immediately upon the ge’ulah benediction, according to R. Yochanan’s prescription(B. Berakhot 4a). Still, if the choice is between following R. Yochanan and reciting the Shema at its proper time, the latter course must be chosen. See also Tur, Orah Hayim 235, in the name of Rav Paltoi.
42. For a complete treatment of the issue from a historical as well as halakhic viewpoint, see Jacob Katz,"Md'ariv biz’mano veshelo big'mano," Zion, V. 35, 1970, pp. 35-60.
43. Deuteronomy 6.4-9.
44. Rashi , B. Berakhot 2a; s.v. ad sof ha'ashmurah harishonah. The abbreviated q’ri-at Shema at bedtime follows the Talmudic dictum(B. Berakhot 60b). Rashi may have received the theory that the q'ri-at Shema she’al hamitah is the one which fulfills the commandment from R. Hananel, whose words to this effect are cited in Sefer HaRaban(R. Eliezer b. Natan of Mainz, b. ca. 1090), ch. 122 and
171.
45. Tosafot, Berakhot 2a; s.v. me’eimatai. See also Sefer Hayashar, Hiddushim, ed. Schlesinger, ch. 422. The position of R. Tam is discussed as well in Or Zaru'a, Hilkhot Q’ri’at Shema ch. 1; Mordekhai , Berakhot , ch. 1; and R. Asher, Berakhot
1d
46. B. Berakhot 27a.
47. See R. Asher, loc. cit.