tanach - Does Midrash count as Torah sheBichtav (Written Torah)?

The Shulchan Aruch and Rama (47:2) write: "[You] need to bless [birkas hatorah] whether for mikra (Tanach), whether for mishnah, whether for gemara. Note: (3) Whether for midrash (Tur)."

The Mishnah Brurah (se'if katan 3) explains (citing the Pri Chadash): "The mechaber also agrees [that you have to say birkas hatorah for midrash], but he holds that [midrash] is included in mikra."

The mechaber holds that midrash is mikra? Does this mean that it counts as Torah shebichtav?

Some nafkei minayhu:

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  According to the idea in kabalah not to learn Torah shebichtav at night

  
  



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  According to the rule that you have to spend a third of your time learning Torah shebichtav

  
  

Answer

The Shulchan Aruch HaRav, in Hilchot Talmud Torah Chapter 2, Halacha 1, it says:

אך פירוש המקרא ודרשות ההגדות יחשבו בכלל שליש במשנה לפי שהמשנה ג"כ פירוש התרי"ג מצות שבתורה‏

But explanations on the verses, as well as expositions and sayings are considered as "the third of Mishna", since the Mishna also explains the 613 Mitzvot in the Torah.

Footnote 33 (Almost the entire footnote is added by the editor of the new Kehot re-typeset edition) points out a statement the Baal HaTanya and the Shulchan Aruch made in Likutei Torah:

לקו"ת ויקרא ה, ד. שה"ש ג, סע"ג (דהיינו דוקא ספרא וספרי שיש בהם הלכות וגופי תורה, אבל מדרש רבה וכיו"ב שהן אגדות שעל המקרא אפשר שהן בכלל שליש במקרא, וש"נ). ‏

See Likutei Torah Vayikra 5, column 4 and Shir HaShirim 3, end of column 3 ([Which says] this refers specifically to Halachic Midrash, such as the Sifra or Sifrei, but Midrash Rabbah and the like which are Agadot on the verse, it is possible that they are included in "the third of verses", see there for sources).

One of the sources in Likutei Torah Vayikra is Rashi's explanation of Berachot 11B: According to R' Elazar, why must one bless before learning Midrash because they are "close to Mikra...since they expound verses." [Even though R' Elazar would say that one only need bless before learing Mikra]

[Note that the discussion in the Shulchan Aruch HaRav is which branch of learning does Midrash fall under, and the discussion in the Talmud is if that learning requires a blessing]

I didn't really check out the other sources brought in Likutei Torah.