Often I fall asleep putting my kids to sleep. If I wake up a few hours later and want to say Kriyas Shma al hamita before going to my bed – do I need to say Birkas HaTorah before I say Kriyas Shema Al Hamita?
Answer:
The matter of saying pesukim by way of davening, before Birkas Ha-Torah, is a dispute among authorities. The Shulchan Aruch (46:9) writes that one should not do this, but the Rema writes that it is fine to do this, citing the custom of reciting selichos before Birkas Ha-Torah. The Mishnah Berurah (27), however, points out that the general custom is actually to say Birkas Ha-Torah before selichos.
[Note that the Gemara writes in Nedarim that reciting the Shema is a fulfillment of the obligation of Torah study.]
However, in your case there is room to doubt whether the sleep (with your clothes on, without going to bed) is considered a sheinas keva, and in a similar case the Eishel Avraham (47) recommends saying the berachah in Aramaic: “Berich Rachmana, malka de-alma, de-yahiv lan oraisa.”
A similar ruling was given by the Kehillas Yaakov (Orchos Rabbeinu p. 141).
