Derech Emunim
The Halachos of Answering Amen
According to the Shulchan Aruch, someone who has finished the brachah of "Habocher B’Amo Yisrael b’ahavah" [or "Ohev Amo Yisrael" – in Maariv] before the sha"tz, should not answer amen after this brachah when he hears it from the sha"tz, because one should not stop between this brachah and Krias Shema. Some say that even one who is after the brachah of "Yotzer Hame’oros" [or "Hama’ariv Aravim" in Maariv] should not answer amen, when he hears someone finishing this brachah. But the Rema differs and holds that one who is after the brachos that precede Krias Shema is permitted to answer amen like the din of one who is between the chapters of Krias Shema and its brachos. But in any case, the poskim wrote that one who is after the brachah of Habocher B’Amo Yisrael b’ahavah should not pause to answer amen after the brachos, unless he hears this brachah.
In order to be yotzei all the opinions, the poskim wrote that lechatchilah, one should try to finish the brachah of Habocher B’Amo Yisrael b’ahavah together with the shaliach tzibbur, because then all agree that he should not answer amen, because a person does not answer amen after his own brachah.
1 The Bais Yosef (Orach Chaim 59) brings a dispute in the Rishonim regarding the definition of the Birchos Krias Shema: According to the Rambam (Brachos 1:17), the brachos that are recited before Krias Shema are like the other birchos hamitzvos that are recited before doing a mitzvah, and therefore, one should not stop between them and Krias Shema [see Me’iri (Brachos 11b) that one who does not know how to recite the brachos of Krias Shema should recite before saying Shema: "Asher kidshanu bemitzvosav vetzivanu likro es Shema"]. But the Rosh (in Shu"t Klal 4:19, cited by the Tur ibid) differs and holds that the brachos of Krias Shema are brachos of shevach, praise, that were instituted in their own right, and Chazal arranged that we recite them before Krias Shema, and therefore they do not have the din of birchas hamitzvos. As such, one is permitted to pause between them and Krias Shema to answer amen (and see Mishnah Berurah 59:24-25). The Bais Yosef ruled l’halachah according to the Rambam that the din of the brachos of Krias Shema are like a brachah of a mitzvah, and that is how the Shulchan Aruch rules (ibid 4): "And he should not answer amen after the end of ‘Habocher b’Amo Yisrael b’ahavah’ because it is a hefsek."
2 The Mishnah Berurah (ibid 24; Biur Halachah ibid) wrote that the Shulchan Aruch was only strict about a pause between Krias Shema and the brachah that is adjacent to it, right before it. But one who is after the brachah of "Yotzer" [or "Hama’ariv Aravim"] may answer amen even according to the Shulchan Aruch, as one who is between the perakim of Krias Shema and its brachos [and see the Ramban (Brachos 11b) that wrote clearly that only the brachah immediately adjacent to Krias Shema has the din of a birchas hamitzvah, but the one before that is a birchas shevach]. But the Kaf Hachaim (59:26) holds that according to the Shulchan Aruch, one should not stop to answer amen after the two brachos preceding Krias Shema, because they both have the din of a brachah on a mitzvah (and see there that he lists many poskim who hold this, and that is also what is derived from the words of the Shulchan Aruch himself, in his sefer Bais Yosef (ibid)). And the Shu"t Yabia Omer (Vol. III, Orach Chaim 6:5) concurs.
The Kaf Hachaim (ibid) adds that although the Shulchan Aruch adopted the opinion like those who hold that one should not stop to answer amen after these two brachos, it is still preferable lechatchilah for the tzibbur to finish these brachos together with the sha"tz, and then all agree that they should not answer amen because a person does not answer amen to his own brachah.
This whole discussion is only regarding the answering of amen after the brachah that the mispallel finished, and regarding the other amenim that are permitted to answer between the chapters of Krias Shema and the brachos, because those amens and other words of kedushah that are permitted to answer even in the middle of Krias Shema and its brachos, are also permitted for one who is in between the brachos and Krias Shema (Kessef Mishneh, Krias Shema 2:17, in the name of Rabbeinu Yona, cited in the Pri Chadash 66 1 and the Kaf Hachaim ibid 27).
3 The Rema (Orach Chaim 61:3) rules according to the Rosh (ibid) that the brachos of Krias Shema are not like the brachos of a mitzvah, and therefore, one is permitted to stop to answer amen in between them and Krias Shema, and the Mishnah Berurah (ibid 25) wrote that the Acharonim concurred on this l’halachah.
4 Mishnah Berurah (59:24) in the name of the Derech Hachaim (Dinei Krias Shema 18). But from the Pri Megadim (51 Eshel Avraham 3) it seems that even one who is in between the brachah of Ahavah and Krias Shema can answer every amen that was permitted to answer for one who is in between the chapters of Krias Shema and its brachos, and see sefer Halachos Yom Beyom (Tefillah Vol. II Chapter 6:30) that the Gra concurs. The Derech Hachaim (ibid) writes that those amens and words of kedushah that one is permitted to answer even if he is in the middle of the chapters of Krias Shema and its brachos, are also permitted to be paused for between the brachah of Ahavah and Krias Shema. And it appears that the Mishnah Berurah did not cite these words because they are the simple explanation, as explained previously in comment 51 that even according to the Shulchan Aruch one is permitted to answer them.
5 Even though according to the Rema (61 3) it is correct lechatchilah to finish the brachah of "Habocher" before the chazzan in order to answer amen after him, in any case, the Shelah wrote (Maseches Tamid Ner Mitzvah 47) that even according to those who hold that the brachos prior to Krias Shema do not have the din of birchas hamitzvah, still, one should not pause between the brachah of Habocher and Krias Shema, because one should not stop between the "ahavah" mentioned in the brachah and the "yirah" in accepting the Ol Malchus Shamayim in Krias Shema. In light of this, the Acharonim wrote (Eliyah Rabbah ibid 4; Shaarei Teshuvah ibid 5) that lechatchilah it is good for the tzibbur to finish the brachah of "Habocher B’Amo Yisrael b’ahavah" together with the sha"tz. Then, all agree, that he should not answer amen, because a person does not answer amen to his own brachah. But if he finished this brachah before the sha"tz, he should answer amen, as per the Rema, and the Mishnah Berurah (ibid 25) concurs.
And on the other hand, there are Acharonim who applied the words of the Rema lechatchilah, and did not mention the Shelah that is written according to Toras Hasod, and see sefer Halachos Yom Beyom (45) that lists the opinions of the Acharonim who hold this way. See sefer Mekor Chaim (61 3) which writes that on the contrary, one should be careful to answer amen after the brachah of "Habocher B’Amo Yisrael" because most of the world is not careful to answer amen to this brachah and immediately begin Krias Shema.
The Eshel Avraham (by Rav A. D. of Butchatch, ibid 4) wrote that someone who recited Krias Shema without its brachos before davening in order to fulfill his obligation (see Shulchan Aruch 60 2, and in the Nosei Keilim ibid) that when a person then repeats Krias Shema in the brachos, in the order of the tefillah, he does not have to be strict not to answer between the brachah of Habocher and Krias Shema, because he is not fulfilling the mitzvah of Krias Shema now, all agree that the brachos preceding it are not considered birchos hamitzvos.
