The Maariv Prayer
Rabbi Aryeh Citron
Parsha Halacha
Sponsored by Reb Shmuel Rohr in memory of his mother Perel bas Reb Meir HaLevi, Yahtzeit 7th of Iyyar. May her Neshama have an Aliyah
The Maariv Prayer
In the Torah portion of Emor, we read about the laws of Shabbat and the Holidays[1]. Our sages taught[2] that the three major Holidays correspond to our three Patriarchs. Pesach corresponds to Avraham Avinu (Abraham) who served Matzot to his Angelic guests.[3] Shavu’ot (the holiday of the giving of the Torah) corresponds to Yitzchak Avinu (Isaac) as the Shofar that G-d blew on Mount Sinai was made of the left horn of the ram sacrificed in Yitzchak’s stead at Mt. Moriah.[4] Finally Sukkot is associated with Yaakov who built Sukkot (booths) for his animals.[5]
Our patriarchs were also the ones who instituted our daily prayers.[6] Avraham was the first to daven (pray) Shacharit (the morning prayers),[7] Yitzchak was the first to daven Mincha (the afternoon prayers),[8] while Yaakov was the first to daven Maariv.[9]
Avraham who represents kindness established the prayer associated with new beginnings (the morning prayer). Yitzchak, who is associated with strength, established the afternoon prayer which is prayed at a time of heavy involvement in mundane matters. Finally, Yaakov, who was the first Jew to go into exile, established the night time prayer as a lesson to the Jewish People, that even when all hope seems lost, one should still pray. G-d hears our pleas and can save us even from the most dire straits.[10]
Although the patriarchs prayed at these times, they did not compose the language of the prayers that we have today. The text of our prayers was (mostly) composed by the Men of the Great Assembly (the members of the Sanhedrin at the beginning of the Second Temple Era).[11]
The exact time for the prayers was also established by those sages. When establishing the prayers, they followed the schedule of the daily sacrifices in the Holy Temple.[12] The morning and afternoon prayers correspond to the morning and afternoon Tamid (daily burnt offering), and the evening prayer corresponds to the fats and limbs of those sacrifices which were burnt on the Altar during the night. They also added the Musaf prayer which corresponds to the extra sacrifices of the Holy days.[13]
A Voluntary Prayer?
The morning and afternoon prayers were established as mandatory prayers paralleling the morning and afternoon Tamid sacrifices which were mandatory. The evening prayer, however, was originally established as a voluntary prayer.[14] This due to the fact that there were no sacrifices actually slaughtered at night. Though the fats and limbs of the sacrifices offered during the day were burned on the altar throughout the night, if these were lost or contaminated and never burned, the sacrifice was still valid (as long as the blood had been sprinkled on the altar during the day).[15]
In addition, although Yaakov Avinu prayed Maariv, his original intention was to pray Mincha (the afternoon prayer). It was only because the sun set early[16], that he instead prayed after nightfall. We learn from this that even though Yaakov prayed Maariv, he did not consider it as important as the other prayers.[17]
In the Zohar[18], the question is posed to Rabbi Shimon Bar Yochai: “Since Yaakov was the בחיר האבות (the worthiest of the Patriarchs), why is his prayer voluntary?” Rabbi Shimon Bar Yochai explained that the prayer of Maariv is the fusion of the (spiritual accomplishments of) the morning and afternoon prayers. If one prays these two prayers, then the prayer of Maariv becomes voluntary.
According to the Alter Rebbe[19], the reason this prayer was voluntary is because it represents an exalted level that cannot be expressed as a command. Rather it was something the Jewish people instinctively knew was important and therefor began to pray of their own accord.
The question of whether Maariv is voluntary or mandatory was once a dispute amongst the sages of the Mishna.[20] Rabbi Shimon Bar Yochai posed this question to Rabbi Yehoshua and later to the entire Sanhedrin.[21] The dispute that ensued caused a rift amongst the sages of Israel that led to the installation of a new leader. This in turn caused a great increase in Torah learning.[22] It has been said that the hidden meaning behind this argument was whether or not the Jewish people were considered to be in a state of Exile at that time.[23]
Despite the above, the Jewish people accepted upon themselves the prayer of Maariv as an obligation.[24]
Additionally, even when the prayer was voluntary, if an individual began to pray it, this prayer would become an obligation for him.[25] For this reason, the Talmud says that if one missed Maariv they must make it up by praying the Shacharit Amidah twice.[26] This is referring to one who usually davens Maariv.[27]
There are those who maintain that this prayer was always mandatory and that it was only referred to as voluntary because it was considered less significant than other mitzvot.[28] If there was another mitzvah to be fulfilled at the time[29] one would do that mitzvah and not pray Maariv (or pray later if it would still be possible).[30]
Practical Application
As explained above, the Jewish people have now accepted Maariv as a mandatory prayer. Despite this, since it started as a voluntary prayer there are certain leniencies regarding this prayer that still apply today. It seems that when the Jewish People accepted this mitzvah as an obligation, they still intended for it to have certain leniencies. These include the following:
· Some say that the reason we some are lenient regarding praying Maariv early (see Shulchan Aruch O.C. 235) is because Maariv is a voluntary prayer.[31]
· In some communities an extra bracha (blessing) is added to Maariv called Baruch Hashem Le’olam.[32] This is despite the fact that one is not supposed to interrupt between the blessing of Ga’al Yisrael and the amidah.[33] Various explanations have been given for this custom.[34] Tosfot says that we are lenient regarding this interruption since the Maariv prayer is voluntary.[35]
· The sages did not institute a repetition of the Maariv Amidah. The purpose of repeating the Amidah in the morning and afternoon prayers is so that those who did not know how to pray could fulfill their obligation by simply listening. Since the evening prayer is not mandatory, whoever does not know how to pray does not need to make it up.[36] Although we have now accepted Maariv as obligatory, we do not institute a repetition of the Maariv Amidah since nowadays the repetition of the Amidah is not actually utilized by anyone to fulfill their obligation.[37]
· On Friday night a mini repetition of the Amidah was instituted. This is called Me’ein shevah. (a miniature of seven blessings). Usually a person who knows how to pray may not fulfill their obligation by simply listening to the repetition of the Amidah. Since the Maariv prayer is voluntary, even one who knows how to pray may fulfill the Friday night Maariv by simply listening to this (mini) repetition. In this case, it is best to say this repetition with the chazzan word for word.[38]
o This is relevant when Rosh Chodesh is on Friday and not on Shabbat. If one forgot to say ya’aleh veyavoh during Mincha of Erev Shabbat and only realized when it was already Maariv time, there are differing opinions. Some say they must pray Maariv twice, while others say they may not pray twice.[39] By davening Maariv once and then listening to the Chazzan’s repitition as explained above, they can fulfill both opinions.
· Although some say that women are obligated to pray Shachrit and Mincha, all agree that they need not pray Maariv. This prayer was never accepted by women as an obligation.[40]
o It is interesting to note that it seems that in the past women would customarily pray Maariv during the week, and would only omit it on Motzei Shabbat.[41]
· The Rashba writes that the reason it is customary for the Shamash (Shul attendant) to interrupt in the middle of Maariv and announce Ya’aleh Veyavo (on Rosh Chodesh) is because Maariv is a voluntary prayer.[42]
o Please note that the Alter Rebbe rules that the Chazzan should not interrupt for this announcement.[43]
With Hashem’s help the other laws of the Maariv prayer will be explained in a future e-mail.
[1] Deut. Chapter 23
[2] Tur O.C. 417 in the name of his brother Rav Yehudah. See Likutei Torah Bamidbar, 14, side 3 for a deeper connection between each Patriarch and the holiday associated with them
[3] See Gen 18, 6 See Seder Olam, quoted in Tos. on Rosh HaShana 11a D.H. Elah
[4] See commentaries on Avot, 5, 5
[5] Gen 33, 17
[6] Brachot 26b, Bereishit Rabbah, 68, 9
[7] Gen, 19, 27 See Seforno that Avraham wanted to pray for the people of Sedom
[8] Ibid, 24, 63 See Ba’al HaTurim that Isaac was praying for a good wife
[9] Ibid 28, 11 See Pardes Yosef on the verse that Yaakov was praying for Divine protection and assistance to build a Jewish home in the “exile” of Charan.
[10] Pardes Yosef, ibid, Likuttei Torah, Bamidbar, 76, side a
[11] Maharsha on Brachot ibid For more on the Anshei Knesset HaGedolah, see: http://www.ou.org/about/judaism/anshei.htm
[12] This despite the fact that the sacrifices were still being offered in the Holy Temple at that time and would continue to be offered for hundreds of years after that time.
[13] See Brachot ibid that Rabbi Yossi bar Rabbi Chanina says that the daily prayers were instituted by the Patriarchs whereas Rabbi Yehoshua Ben Levi says that they were instituted (by the rabbis) to correspond to the daily sacrifices. The Rambam quotes both opinions (Laws of Tefillah 1, 5 http://www.chabad.org/library/article_cdo/aid/920161/jewish/Chapter-One.htm and Laws of Kings 9, 1 http://www.chabad.org/library/article_cdo/aid/1188354/jewish/Chapter-9.htm ). The Kesef Mishna (on Laws of Tefillah ibid) writes that the main Halacha is that they were established to correspond to the sacrifices. The Lechem Mishna (on ibid) writes that the main Halacha is that the prayers were established by the Patriarchs. See Mareh Panim on the Talmud Yerushlamy, Brachot 4, 1 as to the Halachic differences between these opinions.
[14] Brachot 27b
[15] Tos. D.H. Veha’amar Yoma 87b
[16] See Bereishit Rabba, 68, 10 and Rashi on Gen. 28, 11
[17] Ben Yehoyadah on Brachot 26b, But see Tosfot ibid who says that Yaakov davened Maariv before sunset
[18] Parshat Chayei Sarah 133a
[19] Likkutei Torah Devarim 80, side 3
[20] Brachot 27b
[21] See Ben Yohoyada on Brachot ibid who explains that Rabbi Yehoshua only ruled that it was voluntary because he knew that Rabbi Shimon bar Yochai was a man of stature who would pray it anyways unless he was involved in another Mitzvah. (See the opinion of Tosfot, below.)
[22] See Brachot 28a
[23] See “Esther’s Plea” by Rabbi Nachman Cohen. He opines that in times of Exile all agree that Maariv (prayed by Yaakov as he began his exile) is mandatory. During Temple times, all agree that it is voluntary. The argument was whether the Era of the Second Temple was over or whether the Romans may still have given permission to rebuild it. Alternately, it is possible that Rabbi Yehoshu’ah who held that Maariv is mandatory believed (as Rabbi Akiva did) that Bar Kochva was Moshiach. Thus the exile (in his view) was already over.
[24] Rif Shabbat 4a, quoted in Tur O.C. 235, Rambam, Laws of Tefillah, 1, 6 http://www.chabad.org/library/article_cdo/aid/920161/jewish/Chapter-One.htm But see also Ritva on Brachot, ibid, who rules like Rabban Gamliel that Maariv was always mandatory. This may also be the opinion of Rav Amram Gaon, see Tos. D.H. De’amar Brachot 4b as explained in Tzemach Tzedek al HaShas, page 2, side 2
[25] Rif Brachot 19a, Baha”G, quoted in Tos. D.H. Veha’amar Yoma 87b According to the Chidushei HaRashba on Brachot 26a, this applies even if one only prayed Maariv once.
[26] Brachot ibid
[27] See Tzemach Tzedek ibid
[28] A similar definition of the word “Reshut” (i.e. a mitzvah that is not absolutely mandatory) can be found in Beitzah 36b
[29] Tos. Ibid, but see Tosfot on Shabbat 9b who says that Mariv can be postponed (or nullified) even for a mitzvah that can be done at another time or even if it causes an inconvenience.
[30] Tos. on Yoma ibid, and Tos. Brachot 26a D.H. Ta’ah, Tosfot Yeshanim on Yoma ibid
[31] Rambam, Laws of Prayer, 3, 7 http://www.chabad.org/library/article_cdo/aid/920165/jewish/Chapter-Three.htm
[32] O.C. 236, 2
[33] Rabbi Yochanan, Brachot 4b
[34] See Tosfot on ibid, D.H. De’Amar Rabbi Yochanan,
[35] D.H. VeHilchetah, Brachot 27b
[36] Rambam, ibid, 9, 9 http://www.chabad.org/library/article_cdo/aid/920172/jewish/Chapter-Nine.htm
[37] See Shulchan Aruch HaRav 124, 4
[38] Ibid 268, 18
[39] Ibid 108, 17
[40] Ibid, 106, 2
[41] Ibid, based on Magen Avraham 299, 16
[42] Quoted in Magen Avraham 236, 1
[43] Siddur HaRav, Mariv of Shabbat