Mincha Immediately Before Shkia

QUESTION: Many minyanim daven Mincha right before shkia (sunset) and Ma’ariv immediately afterwards during bein hashmashos (twilight). What is the source of this custom?

ANSWER: One might think that the minhag to daven Ma’ariv after shkia is based on the Magen Avrohom that we cited in the last Halacha Yomis. The Magen Avrohom quoted by the (Mishnah Berurah 233:11) writes that many have the custom to daven Mincha after plag followed immediately by Ma’ariv when it is difficult to reassemble the congregation for Ma’ariv. As we explained, the Magen Avrohom follows Rabbeinu Tam in these circumstances to facilitate davening with a minyan. Nonetheless, the Magen Avraham is not the source of this minhag to daven Ma’ariv after shkia, as there is no mention of shkia in the Magen Avraham. In fact, the Magen Avraham implies that one may daven Ma’ariv even before sunset when davening with a minyan, and that is clearly the way the Chofetz Chaim understood the Magen Avraham as well (Beiur Halacha 267: s.v. U’bplag). What then is the source of this custom to wait until shkia?

The source appears to be the Mishnah Berurah in Beiur Halacha (s.v. U’bplag) who rejects the Magen Avrohom’s leniency to daven Mincha after plag immediately followed by Ma’ariv because it is not supported by other poskim and has no Talmudic source. (Interestingly, the Mishnah Berurah cites the Magen Avraham in 233:11 without offering any challenge.) However, the Mishnah Berurah writes that in cases of necessity one may daven Ma’ariv after shkia (sunset) during the period of bein ha’shmashos (twilight). The Mishnah Berurah compares davening Ma’ariv after shkia during bein ha’shmashos to reciting sfiras ha’omer after shkia during bein ha’shmashos. In both instances we are dealing with a mitzvah di’rabonon, and the principle of safek di’rabonon likula (we are lenient when dealing with an uncertainty related to a Rabbinic mitzvah) applies. Thus, the minhag to daven Mincha right before shkia follows Rabbanon, and Ma’ariv is recited during bein ha’shmoshos as allowed by the Mishnah Berurah because of safek di’rabonon likula.

Rav Moshe Sternbuch (Teshuvos V’Hanhagos 1:85) has an original explanation for this custom. He writes that according to Rabbeinu Yona and the Vilna Gaon, Ma’ariv may be recited immediately after shkia even lichatchila. This is because Mincha was instituted to correspond to the afternoon korban which could only be brought until shkia. A korban is invalid during bein ha’shmashos. The time for Ma’ariv begins immediately after Mincha ends; even though bein ha’shmashos (twilight) might still be day, it is the time for Ma’ariv. However, there is a separate reason that it is better to daven Ma’ariv after it is dark: if one davens during bein ha’shmashos, he might forget to repeat kerias shema after nightfall. 

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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.