Mincha - Nefilas Apayim

QUESTION: We began mincha late and the shliach tzibur will not finish chazaras hashatz until after shkia. Do we still say nefilas apayim (tachanun)?

ANSWER: Shulchan Aruch (OC 131:3) writes that one does not say nefilas apayim at night. The Beis Yosef explains that this is based on Kabbalistic sources. Although tachanun is not said at night, the Mishnah Berurah (131:17) writes that it may be said during bein ha’shmashos (twilight), presumably because it is not yet nighttime. Bein ha’shmashos is the time between shkia (sunset) and tzeis hakochavim (nightfall). There are various opinions how long bein ha’shmashos lasts and when tzais hakochovim begins. The shortest calculation for bein ha’shmashos is that it ends 13½ minutes after sunset, which is the position of the Geonim. Thus, if one follows the Mishnah Berurah that one may recite tachanun during bein ha’shmashos, tachanun can be recited until 13½ minutes after sunset. Teshuvos V'Hanhagos (3:53) writes that the minhag of Eretz Yisroel is not to say tachanun after shkia, and there is basis for this position in the writings of the Vilna Gaon. Some communities outside of Israel also follow this custom. Each community should follow their accepted minhag.

The Magen Avrohom (234:1) points out that if we finish mincha after tzeis hakochavim, the chazzon can no longer say “Tiskabel” at the end of Kaddish. “Tiskabel” means that we ask G-d to accept our prayers that we recited in Shemoneh Esrei. After nightfall is a different day and it is no longer appropriate to make that request.

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.