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That which the Machaber writes in the first siman of Shulchan Aruch:

יתגבר כארי לעמוד בבוקר לעבודת בוראו, שיהא הוא מעורר השחר

From here could one say that if one doesn't get up by alos hashachar he is not following what it says in Shulchan Aruch and is being ovar on this Halacha? Or is the Shulchan Aruch simply telling us this is the proper thing to do (however if one wouldn't do it they wouldn't be "ovar" on anything.) Is there a proof one way or the other? Putting aside what the Rema adds in that at least a person shouldn't be ovar the zman tefillah, meaning they shouldn't get up so late. Unless one would say the Rema is not coming to argue but rather to explain what the Shulchan Aruch means and that this is really only good advice.

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Qitzur Shulchan Aruch Yalqut Yosef, which states Halakhah le-Ma'aseh for Sephardi Jews, in 1:1 says "ולכן יתגבר כארי לעמוד בבוקר לעבודת בוראו, שיהא הוא מעורר השחר ... ועל כל פנים לא יאחר זמן תפלה וקריאת שמע". This suggests the Rema was explaining the Mechaber's statement as proper conduct and not a Chiyuv ( especially considering Sephardi Jews don't, by and large, follow the Rema). –  Tamir Evan Nov 1 '12 at 10:09
    
@TamirEvan this was a possibility I was considering thanks for pointing out a reliable source! –  Yehoshua Nov 1 '12 at 10:11
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1 Answer

Both the Tur and Shulchan Aruch Harav use the word צריך which seems like its an obligation. However see Mishmeres Sholom and Pischei Teshuva (and see Mishna Berura S"K 9) who explain that many G-d fearing Jews are not strict about this nowdays because our sleeping habits have changed since the time of Shulchan Aruch and we no longer go to sleep as early and therefore do not have to wake up as early.

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Can you post the lashon of the SA HaRav? Perhaps I'm missing where it is... –  Yehoshua Oct 31 '12 at 10:16
    
@Yehoshua OC 1:1: "וכן צריך כל אדם בבקר להתגבר על יצרו כאריה לקום משינתו קודם אור הבקר" –  Michoel Oct 31 '12 at 10:25
    
Pelah! What you're quoting is from what we have of the "2nd version" of the SA HaRav. It starts at Siman 1 and goes until Siman 4 (only the beginning.) In the "1st version" he doesn't write this! –  Yehoshua Oct 31 '12 at 10:29
    
Hacham Yishak writes that in some cases when the Posekim use the word צריך it isn't an obligation. –  Hacham Gabriel Jul 5 '13 at 19:04
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