Mincha - Latest Time

QUESTION: What is the latest time that one may daven mincha?

ANSWER: Halacha recognizes a number of time periods at the end of each day:

Shkia – sunset

Bein hashmoshos – twilight, which halacha treats as a safek yom safek laila (possibly day, possibly night.)

Tzais hakochavim, the appearance of stars, which is definitely night

The position of the Mishnah Berurah (233:2 and 233:14) is that mincha may only be recited during the daytime which concludes with bein hashmoshos (twilight). There is a major dispute when bein hashmoshos begins. The Geonim and the Gra maintain that the day ends at shkiah (sunset), and after sunset is the period of bein hashmoshos. On the other hand, Rabbeinu Tam is of the opinion that bein hashmoshos begins approximately 15 minutes before tzais hakochavim which is when stars appear, and until then, the halacha views this period of time as daytime even though the sun has set. (This dispute is discussed at length by the Mishnah Berurah in the Beiur Halacha 261:2.) It follows that according to the Geonim and the Gra, mincha must be recited before sunset, while according to Rabbeinu Tam, mincha can be recited until about 15 minutes before the stars appear. The Mishnah Berurah (233:14) rules that lichatchila one must daven mincha before sunset, as most poskim concur with the Gra and the Geonim. If one did not daven before sunset, bidieved, the Mishnah Berurah (ibid) allows one to daven until 15 minutes before tzais hakochavim, in accordance with the position of Rabbeinu Tam. The Beiur Halacha (233 s.v. d’haynu) writes that one who davens mincha after sunset should have the following thought in mind. “If it is now too late to daven mincha, this tefilla should be considered ma’ariv, and the next tefilla should be a makeup for mincha that was missed”. The Mishnah Berurah (ibid 14) also maintains that it is preferable to daven mincha before sunset without a minyan, rather than daven after sunset with a minyan. 

The Aruch Hashulchan (233:9) suggests that since mincha was instituted in place of the afternoon korban tamid, mincha must be recited before sunset. This is based on the Gemara Zevachim (56a) which states that the blood of the korban tamid must be poured on the mizbe'ach (altar) before sunset, otherwise it becomes invalidated. According to this approach, even according to Rabbeinu Tam who maintains that the early part of bein hashmoshos is still daytime, nonetheless mincha cannot be recited after sunset. The Aruch Hashulchan notes that the Shulchan Aruch appears to allow one to daven mincha after shkia, but the Aruch Hashulcha recommends against davening mincha after sunset. Thus, the Mishnah Berurah and the Aruch Hashulchan both concur that lichatchila, one should daven mincha before sunset.

The Pischei Teshuvos (233:6) quotes other poskim who have a dissenting position and hold that we pasken like Rabbeinu Tam, and one may daven mincha lichatchila until 15 minutes before tzais hakochavim. Many Chasidim follow this position and schedule mincha after sunset like Rabbeinu Tam, while the non-Chassidic world generally follows the p’sak of the Mishnah Berurah like the Gra and daven mincha before sunset. Furthermore, even in non-Chassidic circles, there are poskim who disagree with the Mishnah Berurah and write that even if the halacha generally follows the Gra, it is preferable to daven mincha with a minyan after sunset, rather than daven without a minyan before sunset (See Pischei Teshuvos 233 footnote 40).

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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.