מֵאֵימָתַי קוֹרִין אֶת שְׁמַע בְּעַרְבִית. מִשָּׁעָה שֶׁהַכֹּהֲנִים נִכְנָסִים לֶאֱכֹל בִּתְרוּמָתָן, עַד סוֹף הָאַשְׁמוּרָה הָרִאשׁוֹנָה, דִּבְרֵי רַבִּי אֱלִיעֶזֶר. וַחֲכָמִים אוֹמְרִים, עַד חֲצוֹת. רַבָּן גַּמְלִיאֵל אוֹמֵר, עַד שֶׁיַּעֲלֶה עַמּוּד הַשָּׁחַר. מַעֲשֶׂה שֶׁבָּאוּ בָנָיו מִבֵּית הַמִּשְׁתֶּה, אָמְרוּ לוֹ, לֹא קָרִינוּ אֶת שְׁמַע. אָמַר לָהֶם, אִם לֹא עָלָה עַמּוּד הַשַּׁחַר, חַיָּבִין אַתֶּם לִקְרוֹת. וְלֹא זוֹ בִּלְבַד, אֶלָּא כָּל מַה שֶּׁאָמְרוּ חֲכָמִים עַד חֲצוֹת, מִצְוָתָן עַד שֶׁיַּעֲלֶה עַמּוּד הַשָּׁחַר. הֶקְטֵר חֲלָבִים וְאֵבָרִים, מִצְוָתָן עַד שֶׁיַּעֲלֶה עַמּוּד הַשָּׁחַר. וְכָל הַנֶּאֱכָלִים לְיוֹם אֶחָד, מִצְוָתָן עַד שֶׁיַּעֲלֶה עַמּוּד הַשָּׁחַר. אִם כֵּן, לָמָּה אָמְרוּ חֲכָמִים עַד חֲצוֹת, כְּדֵי לְהַרְחִיק אֶת הָאָדָם מִן הָעֲבֵרָה:
From which time may the Shema be recited in the evenings? From the time that the Cohanim have gone in to eat their terumah [Cohanim who became unclean and who immersed may not eat terumah until "their sun has set"; that is, until the stars have appeared. The reason "From the time the stars have appeared" is not stated is that we might thereby be apprised of an incidental learning, viz., if the Cohanim become defiled with the type of uncleanliness where their cleansing entails an offering (such as zav or metzora), the want of this expiatory offering does not prevent them from eating terumah, it being written (Leviticus 22:7): "And when the sun has set vetaher ('and the day has ended'), he may eat of the holy things" — the setting of the sun is a prerequisite for his eating terumah, but his expiatory offering is not], until the end of the first watch. [the first third of the night, the night being divided into three watches. From that point on, it is not considered the time of the recital of the Shema of reclining, and it does not satisfy (Deuteronomy 6:7): "…when you lie down." And before the stars come out, too, it is daytime, and not the time of lying down. And those who are beforehand and recite the evening Shema while it is still day, rely in this on R. Yehudah, who says (26a) that the Minchah prayer may be recited until midway through the afternoon, an hour and a quarter before the night. And it is ruled that one may follow R. Yehudah in this regard — that immediately upon the expiration of the time for the Minchah prayer, the time for the recital of the evening Shema begins.] These are the words of R. Eliezer. And the sages say: Until midnight. R. Gamliel says: Until the appearance of the morning star. [For the entire night is considered the time of lying down. And the halachah is in accordance with R. Gamliel, the sages, too, agreeing with him, having said "Until midnight" only to keep one far from transgression. However, ab initio, when the time of the recital of Shema of the Mishnah arrives —- that is, when the stars appear — one is forbidden to repast, and, it goes without saying, to sleep, until he recites the Shema and prays.] It once happened that his sons came late from a feast [The sons of R. Gamliel heard that the sages had said: "Until midnight," and this is what they said to him: Do the sages differ from you, saying: "Until midnight," specifically, and not afterwards? (and "one against many, the halachah is according to the many"), or do the sages hold with you, but say "until midnight" to keep one far from transgression? And he answered: The sages hold with me, and say: "Until midnight" to keep one far from transgression; and you are obliged to recite it.], and they said to him: We did not yet recite the Shema. He told them: If the morning star has not yet appeared, it is incumbent upon you to recite it. And not this alone [(This is still R. Gamliel speaking to his sons)] did they say, but wherever the sages say "until midnight," the mitzvah obtains until the appearance of the morning star. The mitzvah of burning the fats [of the offerings] and the pieces [of the daily afternoon burnt-offering — It is a mitzvah to offer up the pieces the entire night, viz. (Leviticus 6:2): "It is the burnt-offering upon its firewood on the altar all the night until the morning."] obtains until the appearance of the morning star. And the mitzvah of eating all of those offerings which must be eaten in one day [such as a thank-offering, a sin-offering, a guilt-offering, and the like, which are eaten a day and a night — the time for eating them is until the appearance of the morning star; and it is that which brings them to the status of nothar (left beyond the designated time and requiring to be burned)], ("the mitzvah, etc.") obtains until the appearance of the morning star. If so, why did the sages say: "Until midnight"? [in respect to the recital of the Shema and the eating of offerings. But they did not say "until midnight" at all in respect to the burning of the fats and the pieces, having mentioned this here only to apprise us that the mitzvah of all things designated for the night obtains the entire night.] To keep one far from transgression. [that he not come to eat them after the appearance of the morning star and incur kareth ("cutting-off"); and, similarly, with the recital of the Shema, that he not say "I still have time" and miss the designated time].
Jerusalem Talmud Berakhot
Today, no Cohen may eat any Terumah and the minimal amount set apart for Terumah must be burned; it is ritually unclean from the start since nowadays everybody is defiled by the impurity of dead bodies. That impurity can be removed only by sprinkling with water treated with the ashes of the Red Heifer (Num. 19). The Mishnah was edited approximately between 200 and 220 C. E. It must be assumed that the rules of the Mishnah are intended to be practical. It follows that 130 years after the destruction of the Temple there were still places in Israel where the Cohanim could purify themselves by the ashes of the Red Heifer (in Galilee which was only minimally damaged by the two wars with the Romans.), until the end of the first night watch4The night is divided either into three (Babylonian) or four (Roman) watches. are the words of Rebbi Eliezer5The name of R. Eliezer is attached only to the statement about the night watch. The start of the time of the evening Shema is accepted by everybody. Rebbi Eliezer ben Hyrcanus was one of the foremost students of Rabban Yoḥanan ben Zakkai, the founder of the Synhedrion of Jabneh after the destruction of the Temple. He was the most conservative of all teachers of his time and reputed to transmit old traditions most reliably.. But the Sages say until midnight. Rabban Gamliel says until the first sign of dawn6It will be seen that the difference between Rabban Gamliel and the other sages is practical rather than theoretical. They agree that “when you are lying down” means “all the time that you are lying on your bed” and not “when you are ready to go to bed”. The latter interpretation is that of R. Eliezer..
It happened that his (Rabban Gamliel’s) sons returned from a wedding feast and told him: We did not recite the Shema‘. He said to them: If dawn has not yet come then you are obligated to recite.
Not only that, but everywhere the Sages said “until midnight”, the obligation is to the start of dawn. The obligation of burning fats and limbs on the altar [and eating of the Passover sacrifice] is until the start of dawn.134This entire Mishnah, and the following one, are still the words of Rabban Gamliel. In the Venice print and the Leyden manuscript, the Passover sacrifice is not mentioned in the Mishnah preceding the chapter but it is in the Mishnah repeated before the Halakhah. The Biblical precept is to burn the remaining parts of the sacrifices on the altar “the entire night until morning” (Lev. 6:1).
In the interpretation of the Mishnah, there is a fundamental disagreement between Rashi and Maimonides. Rashi (Berakhot 2a, s. v. להרחיק) כדי writes: “Concerning burning of the fats, the Sages did not restrict it to ‘until midnight’ at all and it is mentioned here only to emphasize that everything that has to be done in the night is kasher the entire night.” Maimonides, in his commentary on the Mishnah, writes: “They said about all of these activities ‘until midnight’, even though there would be time until the first signs of dawn, as a ‘fence’ that no one should come to act under pressure and prolong his actions until after the start of dawn; that is what they said ‘In order to remove people from sin.’ ” And he formulates this in his code (Maäse haqorbanot 4:2): “In order to avoid wilful transgression, the Sages said to bring to the altar the parts that have to be burned only until midnight.”
Neither the Yerushalmi nor the Babli discuss the burning of sacrifices during the night. However, as Rebbi Ḥuna points out in the following paragraph, in his opinion the entire discussion in the Mishnah is about Rabbinic precepts, rather than Biblical commandments. This is compatible only with the point of view of Maimonides. It is a well known principle that Maimonides follows the Yerushalmi in all points in which there is no contrary opinion indicated in the Babli; he will take the silence of the Babli in this matter as an endorsement of the interpretation of the Yerushalmi.
All sacrifices that can be eaten during one full day only could be eaten until the first dawn. In that case, why did the Sages say, only until midnight? In order to remove people from sin.
Jerusalem Talmud Berakhot
There is a fundamental disagreement between the two Talmudim in the interpretation of R. Meïr’s opinion. The Babli quotes a second version of R. Meïr, “from the time that the Cohanim immerse themselves in order to eat Terumah.” Since the Cohanim have to concentrate on their status of purity between immersion and eating, in order not to touch unclean matter inadvertently, it is clear that they will immerse themselves at or shortly after sunset, when it is still clearly day and no stars are visible, and start to eat at the earliest moment which can be declared to be night. Hence, the other version of R. Meïr, that people start to eat Friday nights, must also mean an early time. Since people return from work early on Fridays, being notified of the approaching Sabbath by the sounding of trumpets (Babli Šabbat35b), they will eat early. In particular in Babylonia, where synagogues were out in the fields, Friday evening services were held so that people could return to town before the unlit roads became completely dark. In Israel, on the other hand, synagogues were in towns and often the sermon was held on Friday evening. It is told in Lev. rabba 9(9) that R. Meïr was preaching Friday evenings and even women came to hear the sermon at that time. Hence, the Sabbath meal was late. In Israel, R. Meïr’s pronouncement was taken to indicate a very late time.: “From the time that people enter their houses Friday evening to eat their meal.” We have stated: “Their opinions are almost identical.” Come and see: “From the time that the priests enter to eat their Terumah” is still daylight and the stars start to appear9As noted in the preceding comment, the Cohanim start to eat when it is no longer day, but before it is completely dark. The exact definition of “day,” “twilight,” “night” will be given later in the present section., “from the time that people enter their houses Friday evening to eat their meal” is one or two hours into the night. You want to say that the two opinions are almost identical? Rebbi Yose10This R. Yose is the late Galilean Amora R. Yose (probably, ben Zabida), not the Tanna R. Yose ben Ḥalaphta. said: Explain it by people in hamlets who usually leave the roads when there still is some daylight because they are afraid of wild beasts.