Ma'ariv - Before Sunset

OU Kosher

QUESTION: Can I daven Ma’ariv before sunset or must Ma’ariv be later?

ANSWER: The Mishna (Berachos 4:1) cites a dispute about the earliest time for ma’ariv. Rebbi Yehuda maintains that one can daven Mincha only until plag ha’Mincha (one and a quarter halachic hours before the end of the day), and Ma’ariv can be recited immediately afterwards. The Rabbanan disagree. In their opinion one can daven Mincha until the evening, and Ma’ariv may be recited only after that time. The Gemara (Berachos 27a) concludes that the halacha is undecided, and one may follow either opinion. 

There is a major dispute between the poskim regarding the ruling of the Gemara that one may follow either opinion. Rabbeinu Tam, quoted by Tosofos (Berachos 2a), maintains that one may follow the opinion of the Rabbanan and daven mincha after plag ha’Mincha, and immediately afterwards daven Ma’ariv before nightfall in accordance with the opinion of Rebbi Yehuda. The Ri objects that one cannot follow the opinion of Rabbanan for Mincha and Rebbi Yehuda for Ma’ariv on the same day, since the times for Mincha and Ma’ariv are linked together and the two positions are mutually exclusive of each other. (In halachic parlance, the two positions are tartai disasri.) There are two variations of the position of the Ri. Rabbeinu Yonah writes that an individual must be consistent and follow the same position all the time. One who follows the opinion of Rebbi Yehuda must always daven Mincha before plag, and those who follow the opinion of the Rabbanan must always daven Ma’ariv at night. On the other hand, the Mordechai writes that one must consistently follow the same position each day, but on separate days a person can change back and forth. In summary, there are three interpretations of the statement of the Gemara that one may choose to follow either Rebbi Yehudah or Rabbanan:  

  • Rabbeinu Yona: one must always be consistent.
  • Mordechai: one must follow one position each day, but it is permissible to switch positions on different days.
  • Rabbeinu Tam: one may change positions even on the same day.

What is halacha? The Shulchan Aruch (OC 233:1) writes that nowadays, the common custom is to daven mincha until sunset which follows the Rabbanan, and therefore one should be consistent and never daven Ma’ariv before the evening. This follows the opinion of the Ri, as interpreted by Rabbeinu Yona, that a person must always be consistent. However, the Shulchan Aruch concludes that if there is a pressing need, one may change positions and daven Ma’ariv before sunset. The Mishnah Berurah (233:11) quotes the Olas Tamid and Elya Rabah that one can only daven Ma’ariv before sunset if he davened mincha before plag on that particular day. This is in line with the Mordechai. However, Mishnah Berurah concludes by quoting the Magen Avraham who writes that if a minyan has assembled to daven Mincha and cannot return after shkia for Ma’ariv, the custom is to allow davening both Mincha and Ma’ariv before shkia so as not to inconvenience the tzibur. In other words, in order to daven with a minyan, one may follow Rabbeinu Tam and switch positions even during the same day. 

In response to our original question about davening Maariv before sunset, ordinarily we should not do so because we generally daven Mincha until sunset, which is the position of Rabbanan, and the Shulchan Aruch rules like Rabbeinu Yonah that a person must always be consistent. However, if there is a pressing need and he davened Mincha before plag, one can daven Ma’ariv before nightfall, as we may rely on the Mordechai and allow a person to change positions on a different day. Finally, if necessary to daven with a minyan, the Magen Avraham permits one to daven Mincha after plag and Ma’ariv before sunset. This follows Rabbeinu Tam who allowed changing positions even the same day, 

In the next Halacha Yomis we will see that the Mishnah Berurah rejects this last position of the Magen Avraham.

____________________________________________________

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.