There are certain mitzvot, namely tzitzit, tefillin, K'riat Sh'ma Shel Shacharit and Tefillat Shacharit that may not be performed at night. One must wait until the morning to perform these mitzvot. At certain times of the year, depending on their location, many people find themselves starting their day while it is still dark outside. The question arises: when is the earliest time that one may perform these mitzvot? This problem will be exacerbated next week, when the recent legislation to start daylight savings time earlier than usual takes effect for the first time. This article will discuss the timeframe for each of these mitzvot and what one may do in difficult situations.

Introduction
There are three significant moments in the transition from night to day. The first is alot hashachar, dawn. According to some Poskim, alot hashachar is fixed at 72 minutes prior to sunrise, while others assume that it is fixed at 90 minutes prior to sunrise. Other Poskim assume that alot hashachar fluctuates based on the season. [See R. Avraham C. Adas, Be'er Chaim ch. 3, who records the various opinions.] The second is misheyakir, defined as the time when there is enough light for one to recognize his friend from a four amot distance. R. Ya'akov C. Sofer, Kaf HaChaim 18:18, and R. Moshe Feinstein, Igrot Moshe, Orach Chaim 4:6, both note that it is difficult to provide a fixed time for when misheyakir occurs. R. Sofer states that the practice in Jerusalem is to standardize misheyakir and assume that within an hour of sunrise is misheyakir. R. Feinstein states that in New York City it is generally 35-40 minutes before sunrise. The third moment is sunrise.

The Earliest Time for Donning a Talit
The Gemara, Menachot 43a, states that a nighttime garment is exempt from tzitzit. Rabbeinu Asher, Hilchot Tzitzit no. 1, cites Rabbeinu Tam, that the exemption of a nighttime garment is defined by the garment. If one wears a garment that is normally worn during the day or during the day and night, one fulfills the mitzvah of tzitzit with that garment whether it is worn during the day or night. According to Rabbeinu Tam, if one dons a talit at night, he may recite a beracha and he does fulfill the mitzvah. However, Rambam, Hilchot Tzitzit 3:7, maintains that the exemption of the nighttime garment is defined by the time itself. During the day one can fulfill the mitzvah with all types of garments. At night, there is no fulfillment of the mitzvah. According to Rambam, one may not recite a beracha upon donning a talit at night.

Rambam does not define the point in time when it is considered daytime for the purpose of the mitzvah of tzitzit. Tur, Orach Chaim 18, suggests that misheyakir is the critical moment. Mordechai, Megillah no. 801, contends that the critical time is alot hashachar.

Rama, Orach Chaim 18:1, rules that out of deference to both the opinion of Rambam and Rabbeinu Asher, one should not recite a beracha unless one is wearing a daytime garment during the day. Shulchan Aruch, Orach Chaim 18:3, rules that one should not recite a beracha until misheyakir. Rama rules that one may recite a beracha after alot hashachar. However, Mishna Berurah, 18:10, rules that one should not rely on the opinion of Rama unless there is no other choice. [It should be noted that Rama, Orach Chaim 18:3, (based on Tosafot, Menachot 36a s.v. U'K'sheyagia) rules that one may don a talit prior to that time and when the time comes to recite the beracha, one can recite the beracha and then touch his tzitzit.]

The Earliest Time for Donning Tefillin
There are two issues regarding donning tefillin at night. First, the Gemara, Berachot 9b, states that the earliest time one can fulfill the mitzvah of tefillin is misheyakir. Second, the Gemara, Menachot 36b, states that it is prohibited to don tefillin at night. Rashi, ad loc., s.v. V'Ain explains that there is a concern that if a person dons tefillin at night, he may fall asleep with his tefillin on and do something inappropriate for someone wearing tefillin.

The Gemara, Menachot 36a, states that if someone must begin his day before the proper time for donning tefillin, he may don the tefillin, and when the proper time comes, he may recite a beracha while adjusting his tefillin. Rabbeinu Peretz, in his Hagahot L'Sefer Mitzvot Katan (Mitzvah 153, 14a note 4) explains that the prohibition of donning tefillin at night only applies before one goes to sleep. After someone wakes up, he may don tefillin, even if it is nighttime. Nevertheless, he must wait until misheyakir in order to recite a beracha. Mishna Berurah 30:13, rules that if one accidentally recited a beracha before the proper time, he should not repeat the beracha when misheyakir arrives.

Rabbeinu Peretz adds a novel idea that since it is permissible to don the tefillin before misheyakir, it is also permissible to recite a beracha. Shulchan Aruch, Orach Chaim 30:3, clearly rules that one may not recite a beracha. Mishna Berurah, Bi'ur Halacha 30:3, s.v. U'K'sheyagia, rules that there are those who don tefillin prior to misheyakir, in accordance with the opinion of Rabbeinu Peretz, but there is no justification for relying on his opinion. However, R. Moshe Feinstein, Igrot Moshe, Orach Chaim 1:10, rules that if one's occupation does not allow him to don tefillin at the proper time, he may rely on the opinion of Rabbeinu Peretz and he is not required to find another occupation.

The Earliest Time for K'riat Sh'ma and Tefillah
The Gemara, Berachot 9b, states that the ideal time for Tefillat Shacharit is to begin the Amidah at the moment of sunrise. This is the practice of the Vatikin (Rashi ad loc., s.v. Vatikin, describes the Vatikin as humble people who have a love for mitzvot). The Gemara states that the Vatikin would finish K'riat Sh'ma and its berachot immediately prior to sunrise.

Rambam, Hilchot Tefillah 3:7, states that one may only recite the Shacharit prayer before sunrise if he is in a pressing situation. In that pressing situation, one may begin the prayer at alot hashachar. According to Rambam, the Vatikin are praiseworthy for starting the Amidah at the first possible moment. Rabbeinu Asher, Berachot 4:1, implies that it is permissible to pray before sunrise as long as it is after alot hashachar. The praiseworthiness of starting one's Amidah at sunrise is not due to sunrise serving as the first moment to pray. Rather, it is based on the verse (Tehillim 72:5) "yira'ucha im shamesh (they shall fear you with sunrise) which the Gemara, ibid, attributes as the source of the practice of the Vatikin. There is something inherently special about starting one's prayers at sunrise.

Mishna Berurah, Bi'ur Halacha 89:1 s.v. Yatza, notes that most Acharonim are of the opinion that ideally, one should not start the Amidah before sunrise unless he is in a pressing situation. He does present the view of P'ri Chadash, Orach Chaim 89:1, who follows Rabbeinu Asher's opinion that sunrise is only significant for those who are following the Vatikin. Otherwise, one may begin the Amidah before sunrise.

Regarding K'riat Sh'ma, the Gemara, Berachot 9b, states that in a pressing situation one may occasionally recite K'riat Sh'ma at alot hashachar. However, in a normal situation, one may only recite K'riat Sh'ma after misheyakir. Nevertheless, there is a dispute regarding the berachot that precede and follow K'riat Sh'ma. Rashba, Berachot 9a, s.v. K'tzaro, is of the opinion that one may recite the berachot of K'riat Sh'ma at alot hashachar. Rashba's opinion is codified by Shulchan Aruch, Orach Chaim 58:3. Magen Avraham 58:5, disagrees and maintains that one may not recite the berachot of K'riat Sh'ma until misheyakir.

Mishna Berurah 58:17, sides with the opinion of Magen Avraham. The practical significance of this ruling is that one should not begin the berachot of K'riat Sh'ma until misheyakir. Following the Shulchan Aruch would allow one in a pressing situation to time the prayers to end at misheyakir. By doing so, he may fulfill the mitzvah of K'riat Sh'ma and tefillah and still recite a beracha on the talit and tefillin when misheyakir arrives. R. Moshe Feinstein, op. cit., allows one to rely on the opinion of Shulchan Aruch in a pressing situation.