La Genèse 1:5 Halakha : Mishneh Torah, Reading the Shema, Shulchan Arukh, Choshen Mishpat, The Sabbath Epistle & Shulchan Arukh, Yoreh De'ah

The Shema is read twice every day,—in the evening and in the morning, as it is said, "and when thou liest down and when thou risest up" (Deuteronomy 6:7), the phrases in this text meaning at the time when men are lying down, that is, at night, and at the time when they have risen, that is, by day.

The time when Judges sit [in judgment] is from the morning until the end of the fifth hour.¹⁹Shab. 10a: ‘Until when do they sit in judgment? — R. Shesheth said until mealtime. R. Ḥama said, Which Biblical verse (teaches this) ? — For it is written, Woe to thee, O land, when thy king is a child, and thy princes eat in the morning! Happy art thou O land, when thy king is the son of nobles, and thy princes eat in due season, for strength and not for drunkenness! (Eccl. X, 16f) [i.e.,] in the strength of the Torah and not in the drinking of wine.’ (‘Princes’ are taken here as ‘Judges’ who first sit in judgment and then have their meal). Ibid.: ‘The sixth hour is the mealtime for scholars.’ , also O.Ḥ. § 157. Tur writes, ‘until mid-day’ and Maim. (Yad, Sanhedrin III, 1) states, ‘until the end of the sixth hour.’ Caro in B.Yos. states that this is incorrect, for the sixth hour is the mealtime for scholars and ‘after that it is like throwing a stone into a leather bottle’ (Gemara ibid.), i.e., it has no effect or is indigestible. Caro in the present ruling follows Alfasi and Asheri to San. It is quite likely that both Tur and Maim. in using the expression ‘until’ may mean ‘exclusive of’ (עד ולא עד בכלל) i.e., close to midday or close to the end of the sixth hour, so that the mealtime begins for the Judges before the sixth hour is over and is extended into the seventh hour. Eating something before the end of the sixth hour would be equivalent to partaking of something in the morning in which case it matters not if the main meal is postponed (v. Gemara ibid.) — M.E., BaḤ, ShaK. Cf. Kesef Mishneh to Yad ibid. According to Zohar, Mishpatim 122a, one must not sit in judgment after partaking of a meal. Derived from Execute justice in the morning (Jer. XX, 12) and Ye shall not eat with the blood (Lev. XIX, 26). Cf. however, M.K. 14b. Tur at the head of this chapter adds, that originally it was enacted by Ezra, the Scribe, that Courts hold their sessions on Mondays and Thursdays (B.K. 82a) for then people were present since they came to read the Torah. Today, however, all days are similar. Hence, this was not mentioned by Caro — M.E. From that time onward they are not obliged to sit.²⁰Derived from Shab. ibid. ‘R. Ammi and R. Assi were sitting and studying between the columns (of the study-house). From time to time they would knock at the side of the door and say: If there is anyone who has a lawsuit, let him enter and come in. R. Ḥisda and Rabbah, son of R. Huna were sitting in judgment all day and their hearts grew faint (Rashi: they were distressed at not being able to study. Or because they were famished), (whereupon) R. Ḥiyya b. Rab of Difta expounded to them, and the people stood about Moses from the morning unto the evening (Ex. XVIII, 13) ; Can it really enter your mind that Moses sat and judged the entire day? When was his learning done? But this teaches you, Every Judge who judges in complete truth even for one hour, the Bible text credits him as though he had become a partner to the Holy One, blessed be He, in the act of creation. Here it is written, and the people stood about Moses from the morning unto the evening, and elsewhere it is written, and there was morning and there was evening one day (Gen. I, 5).’ According to Rashi’s second interpretation they were not obliged to sit and judge throughout the entire day.

I will now examine Creation, and I will begin to respond to the one who says that the night follows the day. If this were so, why did Scripture not state explicitly “from dawn to dawn is one day?” Or “from light to dawn?” Why did it interrupt with “it was dusk” (Genesis 1:5)? From the verse “it was dusk and it was dawn” it seems that from dusk until dawn is one day, contrary to what is stated earlier, “God called light ‘day’” (ibid.).