Talk:Relative hour

Challenge

@Davidbena: I don't have a problem in general. But when you start stating "The traditional Jewish way of calibrating the time of day is to reckon the "first hour" of the day with the rise of dawn (Hebrew: עמוד השחר‎)...", there's a problem. In particular, as you well know, Magen Avraham holds the way you have stated, but the Vilna Gaon holds that we reckon the variable hours from sunrise to sunset. So you need to work those issues into the article. StevenJ81 (talk) 15:43, 24 May 2017 (UTC)

I am aware of the other opinions with respect to Jewish tradition, but I have written the one used by the vast majority of Jews here in Israel. I have thought about adding another section that brings down some of the other conflicting views, and which are less known. Be well.Davidbena (talk) 15:54, 24 May 2017 (UTC)

By the way, it is not just the Vilna Gaon who thinks a day starts from sunrise, but also Rabbi Hai Gaon. However, their words have been rejected by Israel's latter exponents of Jewish law.Davidbena (talk) 15:56, 24 May 2017 (UTC)

Steven, I have since changed the wording of the paragraph. Instead of "traditional Jewish way," I wrote "conventional Jewish way."Davidbena (talk) 16:02, 24 May 2017 (UTC)

When you say "...have been rejected by Israel's latter exponents of Jewish law", do you mean עם ישראל or ארץ ישראל? I do not think the majority of people in חו"ל necessarily hold by the MA. If anything, I think many people hold לחומרא: by MA (etc.) in the morning, by GR"A (etc.) in the afternoon. I think that the GR"A's opinion is certainly as widely known as the one you cite, regardless of whether the majority hold the other way. StevenJ81 (talk) 18:01, 24 May 2017 (UTC)

I mean worldwide. Few hold that a day begins at sunrise, without taking into account Rambam's views and the Mechaber's view of a day starting at dawn. Of course, I'm speaking about לדינא, rather than לחומרא, since there are actually many strictures that communities take upon themselves, especially with respect to the Shabbat. Nevertheless, there are many divergent opinions about this subject, but the primary sources actually come from the Jerusalem Talmud (Berakhot 1:1), and from two places in the Babylonian Talmud (Shabbat 34b-35a, and Pesahim 94a). Rabbi Ovadiah Yosef, in his seminal works Halikhot 'Olam (vol. 3, p. 140) and Hazon Ovadiah (vol. 1, pp. 264-ff.) has written explicitly that we reject the opinion of Pesahim 94a in favor of Shabbat 34b-35a. As for the opinion of Magen Avraham and others, I will insert their opinions in either a footnote or a new section.Davidbena (talk) 19:10, 24 May 2017 (UTC)

Steven, what sort of "chumrot" (strictures) practised by American Jewry would you like to see me mention in this article? Please be specific.Davidbena (talk) 19:20, 24 May 2017 (UTC)

I wish to call your attention to this edit. If you can find the source for the GR"A, I'd be much obliged.Davidbena (talk) 19:46, 24 May 2017 (UTC)

I don't especially have any "chumrot" I need to mention, and I'm no big fan of them myself. But I would make two points:

• At least over here, the opinion you quote in the name of "most exponents of Jewish law" is invariably ascribed to the Magen Avraham, while the other opinion is quoted in the name of the GR"A, Rav Hai Gaon, or the Ba'al HaTanya. It seems to me that if you really think that "most exponents of Jewish law" say this, you need a source to support that. Otherwise, simply quote it in the name of the MA, and most people will accept it as WP:BLUE.
• To clarify what I said before, there are people who follow the Magen Avraham in the morning, while others follow the GR"A. But I don't personally know anyone who follows the Magen Avraham in the afternoon lechatchila. In both cases, people are following the earlier time "just in case". StevenJ81 (talk) 21:02, 24 May 2017 (UTC)

Steven, you may wish to see this edit, where I have added a cross-reference after the place that I wrote "most exponents of Jewish law", in compliance with your request.Davidbena (talk) 02:49, 25 May 2017 (UTC)

Thank you. I think you're in good shape now. (It's really interesting that the Ashkenazi community in Israel does not follow the GR"A, since it does in so many other matters.) I'm going to mark the article as "B-Class" now. StevenJ81 (talk) 13:34, 25 May 2017 (UTC)

Kiryat Shema vs. Kriyat Shema

User:StevenJ81, as for your question, "Why would Kiryat be correct?", there are some communities in Israel (namely, the Yemenite Jews), who say Kiryat Shema (קִרְיַת שְׁמַע) instead of Kriyat Shema (קְרִיַּת שמע), and is merely an adaptation of the tongue. Ordinarily, however, in regular usage of, let's say, "reading a book, etc.", everyone does make use of the word "kriyah" (verb: "reading"). You may wish to see the following sources for the variant Kiryat Shema: See Yosef Amar Halevi, Talmud Bavli Menuqad, vol. 1, Jerusalem 1980, s.v. Berakhoth 21a (in glosses), et al.; Shelomo Morag, The Traditions of Hebrew and Aramaic of the Jews of Yemen (ed. Yosef Tobi), in Article entitled: The Samaritan and Yemenite Traditions of Hebrew: Points of Contact, Tel-Aviv 2001, p. 222, § 3.4 ISBN 965-7247-00-4. I hope this was helpful. If you feel it is relevant to restore the original edit, I'll leave it to your discretion, as the former edit is the more ancient way of pronunciation, whereas the spelling/pronunciation that you suggest is the modern way of saying it (besides the Yemenites who still adhere to the old practice). Be well.Davidbena (talk) 23:37, 25 July 2018 (UTC)

Talmudic sources (English and Hebrew original)

In the Jerusalem Talmud (Berakhot 1:1), we read the following account:

"Said Rabbi Hanina: From ayelet hashachar (i.e. appearance of two beams of light resembling columns rising up from the eastern sky at night) until the East [sky] begins to show light, a man is able to walk four [biblical] miles From the moment the East [sky] begins to show light until the [actual] sunrise [over the horizon], he is able to proceed another four [biblical] miles. Whence do we know that from [the time] the East [sky] begins to show light until the [actual] sunrise [over the horizon] one is able to traverse four [biblical] miles? As it is written: 'As the morning dawned, [the angels urged Lot],' etc. (Gen. 19:15). Moreover, it is written [elsewhere]: 'The sun had risen on the earth when Lot came to Zoar' (Gen. 19:23). Now from Sodom to Zoar there are four [biblical] miles. [Actually], there were more! Said Rabbi Ze'ira: The angel was making the way shorter for them."

Original Hebrew: אמר ר' חנינא מאיילת השחר עד שיאור המזרח אדם מהלך ארבעת מילין. משיאור המזרח עד שתנץ החמה ארבעת מיל. ומניין משיאור המזרח עד שתנץ החמה ארבעת מיל? דכתיב וכמו השחר עלה וגו'. וכתיב השמש יצא על הארץ ולוט בא צוערה. ומן סדום לצוער ארבעת מיל. ומן סדום לצוער ארבעת מיל. יותר הוון. אמר ר' זעירא המלאך היה מקדר לפניהן הדרך‎

Commentary of R. Solomon Sirilio:

"[Where it says]: 'from ayelet hashachar,' the sense is explained in what follows, meaning to say, two horn-like beams [of light], etc. [Where it says]: 'the East [sky] begins to show light,' the sense is to the break of dawn (Hebrew: עלה עמוד השחר). [Where it says]: 'As it is written: As the morning dawned, [the angels urged Lot],' the sense [here] is that the darkness of the night had gone away, and the East [sky] began to show brightness. [Where it says]: 'The sun had risen on the earth,' the sense [here] is that the sun broke-out [over the horizon] and shone upon the tops of the mountains. Now Lot used to dwell in the city of Sodom, as it is written in the scripture (Gen. 19:1). [Where it says]: 'Actually, there were more,' it is as we are accustomed to say in the chapter, mī she-haya ṭamei (BT, Pesahim 93b), 'Said Hanina: As for myself, I have seen that place and it was five [biblical] miles.' [Where it says]: 'was making the way shorter for them,' it is similar to saying מגדר‎, shortening and cutting-away the path before them, as it is written: 'then the angels hastened Lot,' meaning, they urged him along, but any other man does not walk [such great distance at a short time], but only four [biblical] miles." (END QUOTE)

The Jerusalem Talmud (ibid.) goes on to say:

"Whence do we know that from ayelet hashachar until the East [sky] begins to show light a man is able to traverse four [biblical] miles? It is because the Hebrew word כמו‎, meaning "as", and said [here] twice, refers to a thing similar to another analogous situation. Said Rabbi Yose, the son of Rabbi Bun, this so-called ayelet hashachar, he that says that it is [the planet] Venus, he is mistaken. There are times when it comes out before [these two beams of light appear in the eastern sky], and there are times when it comes out later. So, then, what shall we say now? It is rather two horn-like beams of light that go up from the East and illuminate."

Original Hebrew: ומניין מאיילת השחר עד שיאור המזרח ארבעת מיל. כמו וכמו מילה מדמיא לחברתה. אמר ר' יוסי בר' בון הדא איילתא דשחרא מאן דאמר כוכבתא היא טעיא. זימנין דהיא מקדמא וזימנין דהיא מאחרא. מאי כדון. כמין תרין דוקרנין דנהור דסלקין מן מדינחא ומנהרין‎

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NOTE: According to Mishnah (Berakhot 1:1), the night ends with the rise of dawn (עלות עמוד השחר‎), at which time, the time associated with daylight ushers in. Rashi alludes to the time of day beginning at dawn (עמוד השחר‎). Maimonides defines what is meant by ʿamud ha-shaḥar (Hebrew: עמוד השחר) in Mishnah Berakhot 1:1, saying: "It is a column of light that breaks-out in the morning, and which is the light that is seen in the East corner [of the sky] before sunrise, about an hour and a fifth [of an hour] (i.e. an hour and 12 minutes) of those standard hours."

References

Davidbena (talk) 16:18, 29 July 2022 (UTC)

Duration of dusk (Heb. "bayn ha-shemashot") and the start of nightfall (Shab. 34b)

The Babylonian Talmud (Shabbat 34b–35a) discusses the duration of dusk, or what is also known as twilight (Hebrew: בין השמשות), = bayn ha-shemashot, in order to determine when the first hour of the night (darkness = חשכה‎) actually begins. This discussion was prompted by the Mishnah (Shabbat 2:7), which says: "Three things must a man say within his house when darkness is beginning to fall on the eve of Sabbath: 'Have ye tithed?' 'Have ye prepared the Erub?' and, 'Light the candle.' If it is in doubt whether darkness [has already fallen] or that there is not yet darkness, they may not set apart Tithes from what is known to be untithed, neither immerse utensils, nor light the candles, etc."

Babylonian Talmud (Shabbat 34b–35a)

"How long is the period of dusk (i.e. the intermediate time between day and night)? From sunset as long as the face of the East has a reddish glow, when the lower [horizon] is silvery (i.e. dark, no longer red) but not the upper, it is dusk (i.e. not yet nightfall). When the upper [horizon] is silvery and is the same as the lower [horizon], it is night. Such is the opinion of Rabbi Yehudah. Rabbi Nehemiah said: For as long as it takes a man to walk half a biblical mile from sunset. Rabbi Jose said: Dusk is as the twinkling of an eye, one entering and the other departing, and it is impossible to determine it. [...] They have all followed their own opinions. For it was stated: How long is the period of dusk? Rabbah said in the name of Rab Yehudah who, in turn, said in Shemuel's name: Three parts of a biblical mile. What is meant by, 'three parts of a biblical mile'? Shall we say, three half biblical miles? Then let him say, 'A biblical mile and a half'! While if it is three thirds of a biblical mile, let him say 'One biblical mile'! Hence, it must mean three quarters of a biblical mile (i.e. the time that it takes for a person to traverse in 12 minutes). While Rab Yosef said in the name Rab Yehudah who, in turn, said in Rab's name: Two parts of a biblical mile. What is 'two parts of a biblical mile'? Shall we say, two halves? [If so], let him say, 'One biblical mile'! while if it means two quarters of a biblical mile, let him say, 'Half a biblical mile'! Hence, it must mean two-thirds of a biblical mile. What is the difference between them? One half of a sixth (i.e. Rabbah's determination of the period of dusk is one twelfth of a biblical mile longer than that of Rab Yosef)." (END QUOTE)

NOTE: The fixation of the start of nightfall at the conclusion of dusk is used in conjunction with the fixation for the rise of dawn (see previous section) to determine the length of the night, although at all times that length of time is divided into 12 equal hours. In the summer months when the days are long and the nights are short, one hour of the day may be as long as 80 minutes.

Babylonian Talmud (Shabbat 35a)

"Rabbah, the son of Bar Hannah, has said in Rabbi Yochanan's name: The halachah is as Rabbi Yehudah in respect to the Sabbath (i.e. one must take into account 13.5 minutes after sunset for night to usher-in on the start of the Sabbath), and the halachah is as Rabbi Jose in respect to terumah (i.e. 12 minutes after sunset is all that is needed when a priest is permitted to eat of his terumah)." (END QUOTE)

It is to be noted here also that Rabbeinu Asher writes on this episode, stating the following: "They (i.e. Rabbah and Rab Yosef) are divided over the [accurate] transmission of this oral teaching, but both bring down the same teaching in the name of Rab Yehudah. Rather, [with one] we are to apply the stringent ruling. With respect to the Sabbath, we practise in accordance with Rabbah's [teaching], [namely], that from sunset [for the entire duration of 13.5 minutes] (which is dusk) we do not light the [Sabbath] candle. But with respect to an individual who took upon himself a fast [on a certain day], its period of dusk is permitted, while dusk is not considered [dusk] until the lower [horizon] becomes silvery [in color], in accordance with Rab Yosef. [...] The halachah is as Rabbi Jose in respect to terumah, meaning, when the priests [of Aaron's lineage] are permitted to eat their terumah (i.e. 12 minutes after sunset)." (END QUOTE)

References

--- Davidbena (talk) 11:33, 31 July 2022 (UTC)

A divergent opinion regarding the time period of "bayn ha-shemashot" (Pes. 94a)

There is a divergent opinion in the Babylonian Talmud (Pesahim 94a), an opinion followed by Rabbeinu Tam, and whence it is learned that the duration of the time of dusk (Hebrew: בין השמשות), = bayn ha-shemashot, is equivalent to the time it takes for a man to walk 31⁄4 biblical miles, or what is 58.5 minutes. As noted, this teaching contradicts that in BT Shabbat 34a–35a (see previous section), besides being rejected by the geonim (Sherira Gaon and Hai Gaon), by Isaac Alfasi, by Maimonides, by his son, Abraham ben Moses Maimon, by Nissim Gaon, by Yaakov de Castro, by Isaac of Corbeil (Sefer Mitzvot Ḳatan), by Rabbi David ibn Zimra (Radbaz), and by Chaim Yosef David Azulai (Chida). Rabbeinu Tam's ruling concerning the period of dusk is, however, mentioned and accepted by well-over forty exponents of Jewish law, among whom being Abraham ibn Daud (Ravad I), Nachmanides (Ramban), Shlomo ibn Aderet (Rashba), Aharon HaLevi, Asher ben Jehiel (Rosh / Rabbeinu Asher), Nissim of Gerona (RaN), Yom Tov of Seville (Ritva), Mordechai ben Hillel (the Mordechai), Moses ben Jacob of Coucy (SMaG), Eleazar of Worms (Rokeach), Menachem Meiri (Meiri), Rabbenu Yerucham, as well as by Rabbi Yosef Karo (Maran) himself (Shulhan Arukh, Orach Chaim § 261:2), who posits in accordance with their view, even in such cases where one is to act leniently. It is to be noted here, however, that Rabbi Yosef Karo also rules in accordance with the teaching of Rabbi Yehudah in BT Shabbat 34b–35a. (In practice, however, the vast majority of Sephardic Jewish communities will follow the instructions given in BT Shabbat 34b for the time known as bayn ha-shemashot).

Babylonian Talmud (Pesahim 94a)

"Said Rabbah, the son of Bar Hannah: Rabbi Yohanan said: 'How far does an average man walk in a day? Ten parasangs. From the break of dawn (מעלות השחר‎) to sunrise [a man walks] five biblical miles; from sunset until the appearance of the [night] stars, [a man walks] five biblical miles'." (END QUOTE)

It is to be noted here that in the same Talmudic passage (Pes. 94a), another opinion puts these distances at four biblical miles, instead of at five biblical miles.

References

--- Davidbena (talk) 23:39, 31 July 2022 (UTC)

Rabbis who hold the view that the day begins with sunrise, rather than from the "rise of dawn"

In Judaism, we do find that there are some rabbis who hold the view that the hours of the day are measured from Sunrise (נץ החמה‎) to the appearance of the first three medium-size stars at night, rather than from the "rise of dawn" (עלות השחר‎) to the appearance of the stars. A proponent of this view is Ahai of Shabha in his Sheiltot (composed between the years 750 CE and 760 CE). However, Ahai of Shabha makes a distinction: It is inferred from his words that in respect to prayer (Hebrew: תפלה) the "rise of dawn" marks the beginning of the day, but in respect to the burning of leaven on the eve of Passover (Hebrew: בעור חמץ), the Sunrise marks the beginning of the day. (Note: This entire teaching is derived from the Babylonian Talmud, Pesahim 12b).

Source (Sheiltot, column 122, section 74):

"The house of Israel are required to burn leaven from the fourteenth day of [the lunar month] Nisan, as it says: 'Seven days you shall eat unleavened bread. On the first day you shall remove leaven out of your houses' (Exo. 12:15). What is meant by saying 'the first day'? If we should say the first day of the feast, behold it is written, 'For seven days no leaven is to be found in your houses' (Exo. 12:19). Rather, [the intent here is to] the first day before the actual feast, and that being on the fourteenth day [of the lunar month Nisan], as it is written: 'In the first month, from the fourteenth day of the month at evening' (Exo. 12:18). [If that's the case], then why not say [burn the leaven] in the evening, from the moment the fourteenth day [of the month] ushers in? That is because it is written 'day'. So why not say [burn the leaven] in the morning? That is because the Hebrew word אך‎ = lit. "only" (Exo. 12:15) comes to intimate a division of the day [between two categories as to the laws concerning that day]. He should have made it obligatory [to remove leaven] from the seventh hour [of the day], but our rabbis have put into effect [a preventive measure] by distancing the person [from transgressing the command], making it imperative upon him to burn [his leaven] at the start of the sixth hour so that he will not [inadvertently] touch a prohibitive command in the Torah, just as it is recited [in the Mishnah]: 'Rabbi Meir says they eat [leavened bread] all throughout the fifth hour [of the day], and they burn [their leaven] at the start of the sixth hour'. What is his reason? It is because a person does not confuse and, thereby, exchange the fifth hour [of the day] with the seventh hour [of the day], seeing that in the fifth hour the sun is in the East, but in the seventh hour the sun is in the West. At the sixth hour it (i.e. the sun) is positioned somewhat overhead (בקרניתא‎)." (END QUOTE)

For the sun to be at its zenith in the 6th hour of the day would imply, by the proponents of this theory, that the 1st hour of the day be at sunrise. The Vilna Gaon speaks about this in depth. Where sunrise is used in halacha to mark the beginning of the day:

• When burning leaven (בעור חמץ‎) on the eve of Passover, it was traditionally done beginning from the 5th hour of the day, counting from sunrise (as explained above).

• When calculating the hours of the day in astrological forecasts, it was commonly practised to reckon the day as beginning with sunrise, rather than from the "rise of dawn." Not all, however, agree with this opinion, as Rashi thinks that the break of dawn is the beginning of the hours of the day in astrological calculations.

• Whenever the Sages of Israel mentioned the hours of the day in respect to the time of reciting the Shema verses in the morning, they, too, did so by enumerating the hours of the day, starting from sunrise (rather than from the break of dawn). This was done perhaps to make it easier for laymen and commoners to recognize the time when they were required to recite the Shema as a first resort, namely, from sunrise until the start of the 4th hour of the day, although the same Sages agree that if he were to recite the Shema before sunrise, after the break of dawn, he has still performed his religious duty, as the day officially begins from the break of dawn (מעלות השחר‎), some 72 minutes before sunrise. Another reason why sunrise is mentioned with respect to Ḳiryat Shema is not because the day begins with sunrise, but because Ḳiryat Shema was meant to be recited in the morning when people awake and rise-up out of their beds, as is said: "and you shall talk of them when you sit in your house, and when you walk by the way, and when you lie down, and when you rise up" (Deut. 6:7). Another opinion states that the recital of Ḳiryat Shema in the morning was meant to counter the idolaters who would begin to worship the sun at the hour of sunrise.

NOTE: The fixation of the time of sunrise (הנץ החמה‎) is used in conjunction with the fixation for the time when three medium-size stars have appeared in the night sky (צאת הכוכבים‎) to determine the overall length of the day, although at all times that length of time is divided into 12 equal hours, whether in summer or in winter.

References

-- Davidbena (talk) 14:25, 2 August 2022 (UTC)

Maimonides vs. Rabbeinu Tam (regarding "bayn ha-shemashot")

• Maimonides' view of the time known as dusk (Hebrew: בין השמשות) (= bayn ha-shemashot) differs from that of Rabbeinu Tam. According to Maimonides, the period of dusk is defined as beginning immediately after the sun has vanished completely from the western horizon. In Maimonides' own words: "...Be apprised that after the sun has set until there appears three medium-size stars and their light, that is the time of dusk ("bayn ha-shemashot"), and when three [stars] appear that is certainly night. Now there is a general rule with us which states that [the period of] dusk is a dubious [period] (i.e. not known whether it is day or night)." Maimonides' view is the same as that of Rabbi Yehudah in BT Shabbat 34b, as explained by the Meiri. Maimonides' view also happens to be the same view as that held by the geonim, as explained by Rabbi Chanokh Heynekh HaKohen Levin (in the Responsa Zikhron Yosef, responsum no. 58), namely, the beginning of dusk is to be reckoned immediately following the complete setting of the sun.

• Rabbeinu Tam, on the other hand, held the view that the period of dusk (Hebrew: בין השמשות) (= bayn ha-shemashot) actually begins when the sun is beginning to set on the western horizon, but has not yet completely vanished over the horizon. This is often referred to as the "first sunset." When the sun is fully gone down over the horizon after 13.5 minutes, this begins the critical time, a time that is often referred to as the "second sunset." Accordingly, this period of dusk continues for a total of 58.5 minutes, or what it would normally take for an average man to walk 3.25 biblical miles. According to the Chief Sephardic Rabbi, R. Ovadia Yosef, Rabbeinu Tam's view finds succour somewhat in a teaching brought down by R. Hai Gaon, who wrote that it is customary on the eve of Sabbath and on Festival days to add from the profane day of the week unto the holy day (Sabbath), starting from the time when the sun begins to set over the horizon, but has not fully gone down yet. Moreover, according to the geonim, a man is able to walk 4 biblical miles (i.e. 72 minutes) from the moment the sun begins to set until the stars come out in the night sky.

References

---Davidbena (talk) 02:09, 8 August 2022 (UTC)

Fascinating. Are you going to add this to the article? ---Lilach5 (לילך5) discuss 19:39, 8 August 2022 (UTC)

Perhaps when I finish collecting all the necessary pieces to this "puzzle" I'll condense it and incorporate some of it in the article. The matter is very complex, and there are many divergent opinions in the halacha, with each community following his own rabbinic authorities. As you can see, there is no single view on this subject.Davidbena (talk) 18:18, 9 August 2022 (UTC)

Rabbi Yosef Qafih's Commentary on Mishneh Torah (Hil. Kiryat Shema 1:11)

Rabbi Yosef Qafih, who served as a judge in Israel's Rabbinic Court of Appeals, wrote in his commentary on Maimonides' Mishneh Torah (Hil. Kiryat Shema 1:11) the following words concerning whether the day is reckoned from sunrise (הנץ החמה‎) or from the rise of dawn (עמוד השחר‎), and concludes with the following:

• Maimonides [Hil. Kiryat Shema 1:11]
  • What is its time during the day? Its prescribed [time] is for one to begin reciting [the Shema verses] before sunrise, so that he may finish reciting and can make the last blessing [of Shema] with the rise of the sun. The given time for this is about one-tenth of an hour (i.e. 6 minutes) before the sun rises [on the horizon]. If he delayed and read [the verses] after the sun had already risen he has [still] fulfilled his duty, seeing that its designated time [of recital] is until the end of [the first] three hours of the day, for anyone who transgresses and delays.

• Yosef Qafih (commentary, ibid.)
  • [note 32] "For the meaning of these hours see supra, in [Maimonides'] Mishnah Commentary, meaning to say, a quarter of the day, while a day begins from the break of dawn (מעלות השחר‎) until the coming-out of the stars, as [explained] above in note 26. As for what is written in Hil. Chametz u-matzah, I shall explain. Our Rabbi (i.e. Maimonides) has written in responsum no. 136 [sic] [134] that "all the hours mentioned by the Sages throughout the entire Talmud are relative hours (שעות זמניות‎), meaning, they are at all times 12 hours in the night, and 12 hours in the day, no matter what the day is like; if it is long, each of its hours will, accordingly, [also] be long. And if it was short, the hours [likewise] will be short. These hours are called by the astrologers 'the relative hour' (השעה הזמנית‎), or 'the stretched hour' (השעה הנטויה‎)" (End Quote). Our Rabbi goes on to mention three categories of hours, in his Mishnah commentary, namely: relative hours (סאעאת זמאנייה‎), being those that are mentioned here and as that [written] above in his commentary on the Mishnah, and here, in his responsum (סאעאת אלאעתדאל‎), these being the hours described for the days of Nisan and Tishri, where the day and the night are equal [in length]. Insofar that the hours are equal, the day being of them 12 hours, and the night being of them 12 hours, they are actually similar to [our] standard hours [of equal time], even though they, too, are apparently relative [hours]. As for these, he (i.e. Maimonides) has mentioned them in his commentary on [Mishnah] Berakhot 1:1, wherefore I have translated there 'the standard hours' [for what he wrote as] סאעאת אלאסתוי‎ (i.e. a standard hour of 60 minutes). They are the hours that are equal, of which there are 24 in the entire day. At times, the [hours of] daylight can amount to 9, while [the hours of] the night can be as much as 15, while at other times, it can be reversed. He has [also] mentioned these [hours] in [his Mishnah commentary on] Pesahim 3:2. I have made note of these three places only for an example.
    
    These [first] three hours [of the day] for reciting Kiryat Shema make-up a quarter of the day, from the break of dawn (מעלות השחר‎) until the stars come out [at night]. Likewise, [the prescribed] four [hours] given for [the morning] prayer make-up a third [part] of the day, from the break of dawn until the stars come out [at night]. Likewise, this applies to the 4 hours [in which one is allowed to eat] chametz (i.e. leaven) [on the eve of Passover]. Thus it is expressly mentioned in Pesahim 12[b] [of the Babylonian Talmud], and it is [wholly] fitting that we explicate about it more, but [the gist of the matter is that] people do not err between daytime and night-time. Behold, it is [hereby] plainly implied that the first hour of the day begins from the break of dawn. So has the Rabbi [and author of] Ḥayim Sha'al written (Part II, section 38, item 70), [namely], that the hours three and four prescribed for the recital of the Shema and for the prayer begin from the break of dawn, unlike that [opinion expressed] by the [author of] the Lavush. [For a more comprehensive look at this subject], refer to [the books] Minḥat Cohen, and Mor u'ketziah, and Lechem Shamayim, [all] belonging to the Ya'avetz, and in this manner has [his] instruction spread in all places. Look there [at his works]. Likewise do we have it as our own practice, in every matter, to count the hours from the break of dawn." (END QUOTE)

NOTE: It is implied by Rabbi Yosef Qafih's teaching that the only reason that the Talmud (Pesahim 12b) mentions the sun being positioned almost directly overhead during the sixth-hour of the day when the leaven (Heb. chametz) must already be burnt is because at Passover, which falls in the lunar month of Nisan, the hours of the day and night are equal (i.e. Spring equinox), which explains why the sun is positioned nearly directly above every man's head, even for those who count the day from the break of dawn. Rabbi Qafih's teaching is practised by the Yemenite Jewish community when reckoning the hours of the day in respect to the time of reciting Kiryat Shema, the morning prayer (Shacharit), and the hour when a person is still permitted to eat leaven on the eve of Passover, and the designated hour of its burning. Rabbi Qafih's teaching, as also the community's practice, stand at variance with the more stringent practice followed by Ashkenazi communities and some Sephardic communities, as described by Rabbi Tucazinsky, so as to distance ourselves from transgressing in matters given over to rabbinic disputes.

References

---Davidbena (talk) 23:19, 8 August 2022 (UTC)