(RabbiKaganoff.com)
Question #1:
Why do we daven maariv on Friday evenings in the summer well before sunset, yet the rest of the week and in the winter we daven mincha immediately before sunset and maariv always after sunset?
Question #2:
Why is there no repetition of shmoneh esrei for maariv?
Introduction:
In citing the source for our three daily prayers, the Gemara quotes two approaches. Rabbi Yosi ben Chanina explains that our three daily prayers were founded by our forefathers: Avraham instituting shacharis, Yitzchak, mincha, and Yaakov, maariv. The source for Yaakov’s having introduced maariv is in the second verse of this week’s parsha, where it says vayifga bamakom, and the Gemara explains the word vayifga to mean he prayed. The Gemara also cites Rabbi Yehoshua ben Levi’s statement that shacharis and mincha were established by the Anshei Keneses HaGedolah (the great leaders of Klal Yisrael who lived during the time of thebuilding and the beginning of the Second Beis Hamikdash) to correspond to the offerings that were brought every morning and afternoon in the Beis Hamikdash (seeBamidbar 28:1-8), whereas maariv corresponds to the burning of the remaining parts of these offerings that transpired at night (Brachos 26b).
What we call “maariv” actually fulfills three different mitzvos, and the above-quoted Gemara is referring to only one of these mitzvos, the part called the tefillah, which are the prayers we recite as shmoneh esrei. (The avos did not establish the shmoneh esrei itself, but the concept that one should daven three times a day. All agree that the text of the shmoneh esrei was created by the Anshei Keneses HaGedolah.)
The other two mitzvos that we fulfill when we pray maariv are kerias shma, whose recital is required min haTorah every morning and night (Brachos 2a), and thebirchos kerias shma, which Chazal instituted to surround the shma with brachos (Mishnah, Brachos 11a). These brachos, together with the shma, constitute the part of the davening between borchu and the shmoneh esrei. (Ashkenazim in chutz la’aretz add another bracha that begins with the words Baruch Hashem LeOlam,between the birchos kerias shma and the kaddish that precedes the shmoneh esrei.)
Although we are very familiar with the order in which we recite the different parts of maariv, we should be aware that at the time of the Gemara, this order was a topic of dispute between Rabbi Yochanan, whose opinion we follow, and Rabbi Yehoshua ben Levi, who contended that the shmoneh esrei of maariv should be recited before shma and the birchos kerias shma, so that we recite shma closer to the time one retires (Brachos 4b).
Why is there no maariv repetition?
As a preamble to answering this question, we must first examine a famous event that occurred shortly after the destruction of the Beis Hamikdash, after the main Sanhedrin and its associated yeshiva had been forced to evacuate Yerushalayim and reestablish itself in the city of Yavneh. To understand this anecdote properly, we must be aware of the historical context: the Beis Hamikdash, which had been the central focus of all organized Torah life, had been recently destroyed, and there was concern as to whether an organized Jewish community could maintain itself without it.
Rabbi Shimon bar Yochai, then a young student in the Yeshiva, posed the following query: Is maariv (referring to the tefillah part) reshus, usually translated as “optional,” or is it required? First, he brought his inquiry to the great scholar, Rabbi Yehoshua, the rebbe of Rabbi Akiva, who ruled that tefillas arvis reshus. Afterwards, Rabbi Shimon shared his question with Rabban Gamliel, who was the Rosh Yeshiva and the head of the Sanhedrin, who responded tefillas arvis chovah,the maariv prayer is obligatory.
Rabbi Shimon noted that he had previously heard Rabbi Yehoshua’s opinion to the contrary, to which Rabban Gamliel responded that Rabbi Shimon should wait until all the scholars had arrived in the Beis Hamedrash. At that moment, Rabbi Shimon repeated his inquiry, and Rabban Gamliel immediately answered tefillas arvis chovah. Then Rabban Gamliel asked whether anyone disputed this, to which Rabbi Yehoshua responded in the negative. At this point, Rabban Gamliel challenged Rabbi Yehoshua, announcing that it has been reported that Rabbi Yehoshua had ruled that tefillas arvis reshus, and instructing Rabbi Yehoshua to arise, so that they could hear the testimony that he had indeed ruled it to be only reshus. At this point, Rabbi Yehoshua acknowledged that he had indeed ruled this way, and Rabban Gamliel then continued the lecture, without granting Rabbi Yehoshua permission to resume his seat.
This continued for a short while, until the students objected to Rabban Gamliel’s highhanded treatment of Rabbi Yehoshua. The lecture was stopped, and thedecision was reached to remove Rabban Gamliel from his position as Rosh Yeshiva and as head of the Sanhedrin, and to install Rabbi Elazar ben Azaryah in his stead. Eventually, all understood that although the consensus was that Rabban Gamliel was wrong for his strong tactics, his motives were completely sincere. He had been ruling with an iron fist to maintain a central authority for Torah in Klal Yisrael, out of concern that in the absence of such strong authority, the centrality of Torah leadership over Klal Yisrael might dissipate. Eventually, Rabban Gamliel was returned to his position, with Rabbi Elazar ben Azaryah serving as rosh yeshivaand the head of the Sanhedrin one week in four (Brachos 27b- 28a).
Is maariv optional?
Ultimately, the halachic conclusion is that maariv is a reshus. Is maariv really optional? Can one decide, every night, if he wants to skip maariv?
The rishonim already note a ruling that appears to contravene the statement that maariv is optional. Someone who missed maariv must recite a makeup prayer, called a tefillas tashlumim, after the next morning’s shacharis. However, this ruling appears to contradict the statement that tefillas arvis reshus. If maariv is optional, why must someone make up the missed prayer?
In response to this question, Tosafos explains that when the Gemara states that maariv is reshus, it does not mean that it is optional, but that it is less obligatory than other requirements. For example, should one need to choose between fulfilling two different mitzvos in a situation where one cannot fulfill both of them, maariv is pushed aside (Tosafos, Brachos 26a s.v. Ta’ah). In all other circumstances, one is obligated to recite maariv.
The Rif answers the question in a different way. He explains that, indeed, maariv is technically not obligatory. However, someone who decided to recite maariv this evening makes it obligatory on himself and must pray correctly, even if he needs to pray a makeup.
Must a woman daven maariv?
Does any other halachic distinction result from this difference of opinion between Tosafos and the Rif? It seems that a difference results regarding whether, according to those authorities who rule that women are obligated to daven shacharis and mincha daily, a woman must also daven maariv daily. According toTosafos, who contends that maariv is obligatory, a woman should be required to daven maariv daily. This ruling is stated by the Aruch Hashulchan (106:7). However, other authorities rule that women are not obligated to daven maariv, since they never accepted it as a responsibility (Graz 106:2; Mishnah Berurah 106:4; cf. Magen Avraham 299:16). This approach reflects the opinion of the Rif that, although maariv was originally reshus, since men daven maariv regularly, they must continue to do so, but women, who for the most part do not regularly daven maariv, are exempt from doing so (see Shach, Yoreh Deah 375:14).
Why should Yaakov lose out?
This previous discussion should arouse a question in every one of our readers. Since Yaakov Avinu introduced tefillas maariv, why is it treated “second rate” – why is maariv reshus, and only the tefillos founded by Avraham and Yitzchak obligatory?
Why is maariv different?
To answer this question, let us revert to our previous discussion – where I noted that there were two approaches, one contending that the daily prayers were instituted by our forefathers, and the other maintaining that the prayers were created to correspond to the daily offerings. According to both of these approaches, we can explain why maariv is treated somewhat differently from shacharis and mincha.
According to the interpretation that the forefathers instituted the daily prayers, although Yaakov was the first to daven maariv, he had not intended to daven so late, but Hashem caused the sun to set suddenly, giving Yaakov no choice but to daven after nightfall. Since this davening was performed not as Yaakov’s first choice, but because he had no other option, the prayer instituted this way is reshus (Pnei Yehoshua, Brachos 26b s.v. Mihu).
According to the approach that our prayers correspond to the daily offerings, shacharis and mincha each represent the daily korban tamid that was offered in theBeis Hamikdash. Maariv represents the remaining parts of the daily tamid that were burnt the following night on the mizbei’ach. Since this step in the processing ofthe korban is non-essential, the prayer was also not required (Rashi, Shabbos 9b, s.v. Lemaan).
Repetition of maariv
With this background, we can now answer the question we raised above: Why does maariv not include a chazzan‘s repetition of shmoneh esrei, whereas there is one for both shacharis and mincha? The answer is that although today maariv is obligatory, it is not the same level of requirement as are shacharis and mincha. Since everyone is required to daven shacharis and mincha, Chazal were concerned that unlettered individuals would be unable to fulfill the mitzvah. Chazal therefore instituted the repetition of the tefillah, so that those unable to daven otherwise would be able to fulfill their requirement by listening to the chazzan‘s prayer. However, since maariv is reshus, Chazal were less concerned that the unlettered would be unable to fulfill this responsibility, and therefore, they did not institute a repetition.
When do we daven maariv?
Having established that maariv is indeed obligatory, our next question is: When is the earliest time that one may begin maariv? Indeed, although the Mishnahestablishes times for the other prayers, it leaves the time for maariv fairly vague. The accepted halachah is that once the time for davening mincha is over, one maydaven maariv (Tosafos, Brachos 2a).
So, now, we need to resolve: Until when can one daven mincha?
The Mishnah records a dispute between the Tana’im regarding this question. According to the Sages, one is allowed to daven mincha until “the evening,” while according to Rabbi Yehudah, the last time for mincha is “plag hamincha,” which I will soon explain. The dispute between them is dependent on how late one may offer the afternoon korban tamid. According to Rabbi Yehudah, one may offer it only until plag hamincha; whereas according to the Sages, one may offer it until evening (Brachos 26b).
So, we now know. According to Rabbi Yehudah, one may daven mincha until plag hamincha, and maariv after plag hamincha, whereas the Sages contend that one may daven mincha until “evening,” and maariv afterwards.
When is evening?
Of course, now we need to find out when is “evening,” when is plag hamincha, and whether we rule like the Sages or like Rabbi Yehudah.
The authorities dispute whether “evening,” here, means shortly before tzeis hakochavim, nightfall (see Rama 233:1 and Mishnah Berurah #14) or whether it means sunset (Rabbeinu Yonah; authorities cited by Shaarei Tziyun 233:18). According to the first approach, the Sages hold that one may daven mincha until nightfall, but one may not daven maariv until after nightfall. According to the second approach, one may not daven mincha after sunset, but one may daven maariv then.
When is plag hamincha?
Rabbi Yehudah ruled that the latest time to daven mincha is a point in time called plag hamincha. When is plag hamincha? According to the most commonly accepted interpretation, plag hamincha is calculated by dividing the time between sunrise and sunset into 48 “quarter-hour” segments. The point of time that is five of those segments prior to sunset is plag hamincha. Obviously, each segment will not be exactly fifteen minutes, but will vary according to the length of the day. An easier way to express this is to say that plag hamincha is 1 1/4 “halachic hours” (in Hebrew, sha’os zemaniyos) before sunset, where a “halachic hour” is defined as a twelfth of the time between sunrise and sunset. (There are other authorities who calculate the halachic hours and plag hamincha from halachic dawn, alos hashachar, until nightfall, tzeis hakochavim. In their opinion, plag hamincha is considerably later in the day than it is according to the first opinion quoted.)
Do we rule like the Sages or like Rabbi Yehudah?
Now that we have discussed the dispute between the Sages and Rabbi Yehudah, we need to know how we rule, so that we can determine when is the latest time formincha and the earliest time for maariv. Most disputes in the Gemara are resolved either by the Gemara itself or by the early halachic authorities. However, in regard to this dispute, the Gemara notes that different amora’im followed differing approaches – some of them following the Sages and others following Rabbi Yehudah. After noting this, the Gemara then concludes with a unique ruling — that one can choose which opinion he wants to follow (Brachos 27a). One who wishes to daven maariv after plag hamincha, following the opinion of Rabbi Yehudah, may do so, and someone who would rather recite mincha after plag haminchamay follow the opinion of the Sages and do so.
Now our question is:
How consistent must I be? May I follow Rabbi Yehudah’s approach one day and the Sages approach on a different day? What about on the same day – may I davenmincha after plag hamincha following the Sages, and then daven maariv before sunset, following Rabbi Yehudah?
Most rishonim rule that one must consistently follow one of these two opinions. In other words, if one decides to daven maariv before sunset, following Rabbi Yehudah, then he must be consistent and always daven mincha before plag. Once he follows Rabbi Yehudah’s ruling in this matter, he may no longer daven minchaafter plag, and to do so is contradictory (Rabbeinu Yonah, Brachos 18b, s.v. de’avad; Rosh, Brachos 4:3; Tur, Beis Yosef, and Shulchan Aruch 233). Being inconsistent is referred to as following a path that is tarti desasri ahadadi, two approaches that contradict one another, since neither Rabbi Yehudah nor the Sages approve of what he is doing, albeit for different reasons.
Some authorities permit following Rabbi Yehudah on one day and the Sages on a different day, providing one is not inconsistent by davening mincha after plag andmaariv before sunset on the same day (Hashlamah and Mordechai, both quoted by Beis Yosef 233).
Notwithstanding this discussion, the frequent practice was to daven mincha and then maariv, both after plag hamincha and before sunset, which appears to be inconsistent according to all opinions. Nevertheless, the poskim acknowledge that this was commonly done and suggest different reasons why this practice was accepted, or at least tolerated. Some explain that had this approach not been accepted, many communities would be unable to have a regular minyan consistently, or that many individuals would not daven maariv altogether, since they would not wait in shul until the later time to daven maariv, and would not daven maarivafterwards. As a result, either for the sake of tefillah betzibur or to guarantee that more people daven maariv, many authorities allowed the tarti desasri, but ruled that someone davening privately (beyechidus) must wait until nightfall to daven maariv (Magen Avraham 233:7).
We should note that, according to the accepted halachah, one who davens maariv before nightfall should recite the full shma over again after nightfall (Shulchan Aruch Orach Chayim 235:1). This is for two different reasons. Firstly, although Rabbi Yehudah ruled that the cutoff time between mincha and maariv is plaghamincha, this is only germane to the shmoneh esrei parts of our davening, whose timing is dependent on the daily tamid offerings as mentioned above. However,the mitzvah of reading shma must be fulfilled at the time people retire for the evening, as the Torah says beshachbecha, and few people retire for the evening before it gets dark. Since the time for reciting the evening shma is when most people might consider it bedtime, one cannot not fulfill this mitzvah until nightfall, according to most opinions. (However, see opinion of Rabbeinu Tam quoted by Tosafos, Brachos 2a.)
Secondly, the requirements of davening at a specific time and reciting the birchos kerias shma are rabbinic in nature, rather than Torah mandated, which allows some leniency. However, regarding the Torah requirement of reading the shma, we should follow the stricter approach and recite it again after it is definitely nightfall.
I’ll share one anecdote to show how far we should be concerned that one recites shma after it is dark. One gadol I knew, from the previous generation, who established his community in America, was concerned that baalei batim would not recite shma after dark, and thus not fulfill the mitzvah min hatorah properly. He also knew that if the break between mincha and maariv was too long, many would not attend shul regularly. He thus established in his community that they beganmincha after sunset, followed by a fifteen minute shiur and then maariv, so that people would daven maariv in its correct time. Although this approach is not themost commonly accepted, we should all be aware of the many considerations that a rav or posek must have in mind.
hudah Hachassid and the Shidduchin crisis in future weeks.
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