When faced with a tartei disasrei on Erev Shabbos and no other minyan options, what is the best way to proceed?

The Mishnah[1] records two opinions regarding the time of Mincha and Maariv. According to Rabanan, sunset is the break point, Mincha must be before sunset and Maariv after sunset. R’ Yehuda’s view is that Plag Hamincha (1.25 hours before sunset) is the dividing line, with Mincha before and Maariv after. The Gemara[2] states that there is no definitive halacha and either opinion may be followed. Nevertheless, many Rishonim assume that due to the concept of תרתי דסתרי there are limitations in following both opinions. The Meiri[3] mentions three views on this matter. Some Rishonim believe that every individual must choose one opinion to follow and thus one can’t daven Maariv after Plag one day of the week if he davens Mincha after Plag Hamincha on another day.[4] However, the Meiri himself believes thatתרתי דסתרי is only an issue on one particular day. Lastly, he quotes those who believe that even on the same day one need not be concerned with תרתי דסתרי and thus one can daven Mincha after Plag and then daven Maariv before sunset.

The Shulchan Aruch[5] cites the gemara that there is no definitive Psak and either opinion can be followed, והוא שיעשה לעולם כחד מינייהו. The Mishna Berura[6] cites the Magen Avraham that this includes from one day to the next.[7] The Shulchan adds that even if one follows the opinion of the Rabanan, בשעת הדחק one may daven Maariv after Plag in accordance with the opinion of R’ Yehuda. The Mishna Berura[8] writes that this leniency holds true only on different days but תרתי דסתרי on any one day is not permitted. Nevertheless, he does add that if a minyan davened Mincha after Plag and they will be unable to gather a minyan after sunset, they may daven Maariv prior to sunset – something that is not normally allowed, as this is an internal contradiction on the same day.[9]

While on weekdays most people follow the view of Rabanan and wait until sunset to daven Maariv, on Friday night it is very common to daven Maariv early. In fact, the Shulchan Aruch[10] suggests davening early on Friday night. This is based upon the gemara[11] that it is meritorious to accept Shabbos early to fulfill תוספת שבת.[12] In fact, the gemara [13] records that Rav would daven Friday night Maariv early. However, the Vilna Gaon[14] believes that davening at the proper time is most important, and one should not join an early minyan. He adds that the same is true on Friday night and one should daven Maariv after dark.[15] In fact, R’ Elyashiv[16] and R’ Shlomo Zalman[17] expressed their displeasure with the early Friday night Minyanim based on the view of the Vilna Gaon. Nevertheless, the common custom is to daven early on Friday night. But in this scenario, one must be careful to avoid תרתי דסתרי.

The Magen Avraham[18] cites Rishonim who believe that only those who always daven Mincha before Plag may daven Maariv on Friday night before sunset, thereby avoiding תרתי דסתרי even from one day to another.[19] However, he writes that because it is admirable to begin Shabbos early and daven early on Friday afternoon, even if one doesn’t always daven Mincha before Plag, one can daven Maariv early so long as one davened Mincha before Plag that day. The Mishnah Berurah[20] cites the Magen Avraham, but he then cites the Derech Chaim, who was lenient to allow for תרתי דסתרי on Friday night for a tzibbur. The Mishnah Berura is willing to rely on this only if there are no other options and Maariv is during בין השמשות and not before sunset. It emerges that one who is in a situation where the only minyan available is תרתי דסתרי, he should try to find an early Mincha minyan before Plag, and if that is not possible, he should daven Mincha alone and join the minyan for Kabbolas Shabbos and Maariv.[21]

[1] Brachos 26a.

[2] Brachos 27a.

[3] Brachos 27a d.h. Mah.

[4] The Beis Yosef (233) cites the ספר השלמה who writes that בשעת הדחק may one follow the Rabanan on some days and other days follow R’ Yehuda.

[5] 233:1.

[6] 233:6.

[7] See however the language of the Beis Yosef (d.h. V’hu) where he is open to תרתי דססתרי from one day to another.

[8] 233:11.

[9] My father Shlit’a believes that even this leniency is only applicable if one davens Maariv after Shkiyah. See Am Mordechai Brachos 17:4.

[10] 267:2.

[11] Shabbos 118b.

[12] The Aruch Hashulchan (4) adds that it is imperative to daven Maariv early on Friday night as a way of protecting the Shabbos. Should an individual or a Shul begin Maariv after dark there is a danger that people may unwittingly continue to do melachah after sunset. He suggests (3) that because Maariv corresponds to the burning of the leftover fats of the Korbanos, and that is not done on Friday night, it is optimal to daven Friday night Maariv prior to nightfall.

[13] Brachos 27b.

[14] Ma’aseh Rav 65.

[15] He certainly agrees that Tosefes Shabbos is important, but Maariv should be later. See “Early Shabbos: Eating Before Davening?”

[16] Koveitz Teshuvos 1:23.

[17] Halichos Shlomo Tefillah, 14 footnote 10.

[18] 267:1.

[19] In fact, Rashba (Brachos 27a d.h. Hashta) writes that Rav, who davened early on Friday night, davened Mincha before Plag every day.

[20] 267:3.

[21] See Sha’ar Hatziun (235:16).