Berakhot 082

36:
We continue our brief description of the starting parameters of the various Amidot, not dealt with in our current mishnah, by considering the remaining two Amidot: Arvit in the evening and Musaf, the Additional Amidah. Despite the fact that our mishnah states that Musaf may be recited "all day", custom has since determined – again under the influence of the ritual of the Bet Mikdash – that Musaf is recited after Shaĥarit – on those days when it is recited. The enigmatic statement of our mishnah concerning the Evening Amidah (that it has no fixed parameters) should give us most cause for emotional satisfaction! This innocuous, quasi-legalistic phrase enshrines the ultimate victory of Rabbi Yehoshu'a. You may recall the enormous battle that took place in the Sanhedrin between the authoritarian President, Rabban Gamli'el, and the poverty-stricken and somewhat unassuming Rabbi Yehoshu'a concerning the halakhic status of the Evening Amidah. [If you missed it or have forgotten you can check out Berakhot 008 and many subsequent shiurim!] Rabban Gamli'el was adamant that the Evening Amidah was 'compulsory', whereas Rabbi Yehoshu'a held the opposite view that it was not. In the course of the discussion Rabban Gamli'el was deposed from the presidency because of his autocratic behaviour towards the highly-respected and much-loved Rabbi Yehoshu'a. (He was swiftly re-instated.) Our mishnah records the halakhic victory of Rabbi Yehoshu'a: Arvit has no parameters – which means that it was not considered to be compulsory).

37:
However, let us not rejoice too much, since the victory of Rabbi Yehoshu'a was to some extent a Pyhrric victory. The view of Rabban Gamli'el was evidently more widespread than we have assumed. Later tradition has managed – as usual! – to effect a compromise between the two views. The halakhah may be summed up as follows: although Arvit is technically not compulsory – it being left to each individual to decide whether or not to recite it – the people of Israel have voluntarily taken it upon themselves as being quasi-compulsory. In different terms: Arvit is now compulsory, not because the rabbis say so but because the people have said so – and the rabbis have since added their 'seal of approval' to that popular decision. Thus we have an anomalous situation: Arvit is considered 'compulsory' (i.e. one of the statutory services) and it contains an Amidah; however, since technically speaking there is no one present who has a compulsory duty to perform (the whole thing being technically voluntary) the Arvit Amidah is never repeated out loud by the Cantor – since the rationale for this repetition is that there may be someone in the congregation who was not able to fulfill their duty by themselves and needs the services of the Cantor to do do: Arvit being voluntary there can be no such person present and the Cantor's repetition would be a waste of the congregation's time and a berakhah le-vatalah [a berakhah recited when it is not needed, which is taking God's name in vain].

38:
We now come to the 'deadline' parameters of these Amidot, which is the actual substance of our mishnah. The careful reader of our mishnah will note that for almost all the items mentioned in the mishnah there is a maĥloket [difference of opinion] between Rabbi Yehudah [ben-Ilai] and Tanna Kamma. ["Tanna Kamma" is the technical designation of a sage whose opinion is anonymously recorded when that opinion is in conflict with another opinion which is not anonymous. "Tanna Kamma" means literally "the first sage".]

39:
As far as the 'deadline' for the Shaĥarit Amidah is concerned we note that Tanna Kamma says that it may be recited until noon, whereas Rabbi Yehudah says that it must be recited by "the fourth hour" [until one third of the day has elapsed counting from sunrise]. In this case, once again, an halakhic compromise is reached. Ideally, Shaĥarit should be recited by the end of the fourth hour [around 10 am on a hypothetical day on which sunrise is at 6 am and sunset at 6 pm] – and this accords with the view of Rabbi Yehudah. However, in an emergency, if it were not possible to recite the Amidah by that deadline, the deadline may be extended to noon – according to the opinion of Tanna Kamma. Rabbi Yehudah's view is based on the fact that the dawn sacrifice in the Bet Mikdash was offered no later than the fourth hour (and this was only in emergencies, it ideally having been offered at dawn). The view of Tanna Kamma is based on the fact that until noon an accepted time for Minĥah, the next liturgical item of the day, has not arrived.

To be continued.