Brochos (26b below) says Yaakov instituted Maariv & brings this possuk. Rashi on the possuk itself notes that “he lodged there” and “because the sun had come” are the wrong way around. Reason: sun suddenly set, unexpectedly (see Rashi below). Yaakov’s tefillah was before this (וַיִּפְגַּע בַּמָּקוֹם is at start of possuk).
Recap of order:
· Davens “Maariv”
· Sun starts to set quickly & unexpectedly so-
· Gets ready for the night
Question: how can Yaakov daven Maariv before the sun had set? Zman tefillah b’dieved seems a strange place for Gm’ Brochos to learn the zmanei tefillah! (We actually have a word for davening in late afternoon before sunset. It’s called “Mincha”.)
Sources:
יעקב תקן תפלת ערבית שנאמר ויפגע במקום וילן שם
יא. וַיִּפְגַּע בַּמָּקוֹם וַיָּלֶן שָׁם כִּי בָא הַשֶּׁמֶשׁ וַיִּקַּח מֵאַבְנֵי הַמָּקוֹם וַיָּשֶׂם מְרַאֲשֹׁתָיו וַיִּשְׁכַּב בַּמָּקוֹם הַהוּא:
כי בא השמש: היה לו לכתוב ויבא השמש וילן שם. כי בא השמש, משמע ששקעה לו חמה פתאום שלא בעונתה כדי שילין שם:
Thanks Yehuda. I had a quick look at the Chasam Sofer. This seems to create more problems!
1. You can’t offer fats of Friday on Shabbos, ok. Why does that mean you can’t daven Maariv for Fri night after nacht? We do! (Is that a tashlumin comment? Why is that relevant here?)
2. These mekoros (your chasam sofer and Maurice’s Daas Zekeinim) confirm that Yaakov davened before nightfall, which strengthens my question: how can we learn institution of davening Maariv time from an episode where someone did not daven at maariv time?
3. If it was “Shabbos”, this throws up many more problems: how could Yaakov arrange the stones, move the stone in the morning, anoint it with oil (where’d he get it from, by the way? Made it?), then continue his journey in the day – carrying, walking chutz l’techum… (Apologies for getting involved in the “Did the Ovos keep Torah?” question, but to the extent that “it was Shabbos”, as Chasam Sofer understands, and hilchos korbonos & their zmanim were in effect, the rest of Shabbos must also have been chal).
I recently learnt the sugya and came across a yalkut shemoni (I think) that says the he must have davened a lot earlier as he intended to go back that day (only Hashem made the Sun set earlier).
He therefore must have davened as second time which would have been maariv.
To be fair not sure if this actually answers the question but hopefully an interesting insight on the sugya