Laws of the Maariv Prayer
Rabbi Aryeh Citron
Parsha Halacha
Parshat Eikev
Sponsored anonymously
Co-sponsored by Shloimy Herz and family in honor of the birth of their son. May the bris be in a good time and may he give them much nachas.
Laws of the Maariv Prayer (II)
If You Will Listen
This week’s Torah portion includes the second paragraph of the Shema which begins with the words: “Vehaya Im Shamo’ah.”[1] This paragraph discusses the reward we receive for fulfilling G-d’s commandments as well as the punishment should we, G-d forbid, not do so.
In the words of the Torah: “And it will be, if you listen to My commandments that I command you this day… I will give the rain of your land at its time … and you will gather in your grain, your wine, and your oil…I will give grass in your field for your livestock, and you will eat and be satisfied.
“Beware, lest your hearts turn astray, and you turn and worship foreign gods… The L-rd will be angry with you, and He will close off the heavens, and there will be no rain… and you will quickly be destroyed from the good land that the L-rd is giving you.”
Keep the Mitzvot in Exile
Even after being punished and exiled from our land, we are exhorted to continue observing the mitzvot. As the Torah continues: “And you shall set these words of Mine upon your heart and upon your soul, and bind them … as (Tefillin) between your eyes. And you shall teach them …when you lie down and when you rise. And you shall inscribe them upon the doorposts of your house and upon your gates.”
Rashi explains that we must continue to observe the mitzvot while in exile in order that they be familiar to us when we are redeemed and once again live in the Holy land (in the Messianic Era).[2]
Reading the Shema
One of the Mitzvot mentioned here is the mitzvah of reciting the Shema in the morning and in the evening.
The commentaries question why this mitzvah need be included here as it is already found in last week’s Torah portion. Several answers are given:
1) We learn from this verse that this paragraph must be recited as part of the daily recital of the Shema (Kri’at Shema).[3] (It is the second paragraph of the Shema.)
2) Some say that this verse is not referring to the mitzvah of reciting the Shema but rather to the Mitzvah of studying Torah which must be done by day and night.[4]
3) The Chatam Sofer[5] explains that this verse alludes to the fact that the Jewish people will keep the Mitzvot throughout the trials and tribulations of their history.
· “When you are sitting in your home” is referring to the Holy Temple Era.
· “When you are going in your way” is referring to the travels of the Jewish people through their painful exiles.
· “When you are lying down” refers to the times in exile when all is peaceful.
· “And when you rise up” refers to the Messianic era, may it come speedily.
The evening Shema is usually read as part of the Maariv (evening) prayer, while the morning Shema is part of the Shacharit (morning) prayers. The rest of this article will therefore focus on the laws of that prayer.
For part one of this article go to: http://yeshivahcollege.org/parsha.php?reg=34
See there regarding women praying Maariv.
Earliest Time for Maariv
There are two opinions as to the times for praying the afternoon and evening prayers (Mincha and Maariv).
· According to Rabbi Yehudah one may only pray (daven) Mincha up until Plag HaMincha (approximately one hour and a quarter before sunset)[6] and may daven Maariv from that time on. Rabbi Yehudah was of the opinion that the afternoon Tamid (upon which the Mincha prayer was based) was only sacrificed up until this time.[7] In addition, Yakov Avinu, who established the Maariv prayer, prayed before sunset.[8]
The law is that one may follow either opinion[11] as long as they are consistent,[12] i.e., one who consistently davens Mincha before Plag HaMincha, may consider the time after Plag HaMincha to be nighttime (for this purpose) and may daven Mariv at that time, even before sunset. One who generally davens Mincha after Plag HaMincha, considers that time to be daytime and may therefore not daven Maariv until actual nightfall. In a situation of need, however, one may daven Maariv early even if they usually daven Mincha at that time on other days.[13] Similarly, for the purpose of the mitzvah of accepting Shabbat early, one may daven Mariv early on Friday afternoon.[14] In these cases, however, one must take care to daven Mincha on that day before Plag HaMincha. Otherwise, they will be following opposing views on the same day.[15]
Despite this, in some communities it is customary to daven Mincha after Plag HaMincha and Maariv soon afterwards, even before sunset. They do so because otherwise they will lose the minyan for Maariv.[16]
The above argument only applies to the Amidah prayer of Maariv, whereas, the correct time for the reading of Shema is after the stars come out.[17]
The Time to Read the Shema
Therefore, if one davens Maariv early, he must repeat the three paragraphs[18] of Shema after dark.[19]
One who generally davens Maariv after dark and finds himself in a shul in which Maariv is davened before nightfall, should, according to some opinions, daven with that minyan and repeat the Shema later.[20] Others say that in such a case it is preferable to postpone Maariv until nightfall even if he will not have a minyan at that time. By doing so one will be davening in the right time (for them) and saying the Shema (together with its brachot) in the right time.[21]
The Latest Time for Maariv
· If possible, one should say the Shema (and daven Maariv) as soon as the stars come out in order to fulfill the mitzvah in an enthusiastic and expeditious manner.[22]
· Although by Torah law, one may read the Shema at any time during the night, the sages decreed that one should read it before midnight. This was to ensure that people not postpone it and forget to read it altogether. For this purpose, midnight is defined as halfway between sunset and sunrise (otherwise known as chatzot).
· If one did not say the Shema before midnight, he can still read it (and fulfill the mitzvah) until dawn.[23]
· Some say that one must also daven the Maariv Amidah before midnight (if at all possible).[24] Others say that, even in the first place, one may daven the Maariv amidah until dawn as long as one says the Shema before chatzot.[25]
· If, for reasons beyond one’s control, he did not say the evening Shema, and dawn has already broken, one may say the evening Shema after dawn until daybreak. In such a case, one may also say the blessings before and after the Shema, besides the blessing of Hashkiveinu which speaks about lying down to go to sleep.[26]
· If one did not say the Shema before dawn as a result of negligence, he cannot make it up. Concerning this it says: “It is a deficiency that cannot be made up.”[27]
o Some say that in this case, one may also pray the Maariv Amidah at this time,[28] whereas others say that the latest time to pray the Amidah is dawn.[29] In practice, one may begin the Amidah as long as it is before dawn even if he will not manage to finish it until after dawn.[30]
Before Maariv
· One may not begin a meal, take a nap, or begin any other time-consuming activity within a half hour before the stars (will) come out. This is because we are afraid that the meal or other activity will last a long time and one will forget to read the Shema.
· One may learn Torah during this time.[31]
· If one already began eating before this time, he may continue his meal and say the Shema (and daven Maariv) when he is finished.[32]
· One who started eating after the above-mentioned time, must stop and wait until he can read the Shema, do so, and may then continue eating.[33]
· One who has a fixed time for davening with a minyan may eat before that time as we assume he will remember to daven and say the Shema.[34] Even in such a case, however, one should not begin a large feast or take a nap before davening.[35]
· Some say that one may appoint a friend (who has not yet davened) to remind him to daven and may then begin a meal (or a similar activity) before davening Maariv or saying the Shema.[36] Others say this may only be done in order to fulfill a Mitzvah.[37]
The Order of Maariv
The order of Maariv is as follows[38]:
· Vehu Rachum etc.
o In this prayer we ask the Almighty to forgive us for the sins of the previous day. This is especially needed in the evening which is a time of judgment[39] and does not have a sacrifice (of its own) to atone for sins. This verse was recited by people who were receiving lashes. In some communities, it was customary for people to (voluntarily) receive lashes in the evening in order to receive atonement for the sins of that day.[40]
o In most communities this verse is not recited on Shabbat (Friday night) as Gehinom (purgatory) does not operate on Shabbat.[41]
· Shir Hamalos and Half Kaddish
o In some communites, Psalm 132(Shir HaMa’a lot Hinei Barchu) is recited before Maariv.[42] This is in order to study some Torah before Maariv as alluded to in the Talmud.[43] This chapter was chosen as it speaks about standing in G-d’s house at night and blessing Him.[44] The communities that daven Maariv before dark do not say this chapter.[45] After reciting these verses, a Half-Kaddish is recited before Barchu.
· Barchu
o After one responds to Barchu, it is considered that they have begun the blessings of the Shema and they may not interrupt.[46] If one did not yet say Vehu Rachum etc. before Barchu, he should not say it afterwards but should rather begin the blessings of the Shema immediately.[47]
· The Blessings of Shema and the Shema
o If one mistakenly finished the bracha of shomer amo Yisrael la’ad during the week as one does on Friday night (Hapores Sukkat Shalom), one need not repeat it.[48]
· Baruch Hashem Le’Olam
o This blessing is added in many communites before the Amidah. Originally it was added so that the latecomers could catch up and leave the synagogue with everybody. (There was a time that Shuls were located outside of the and it would be dangerous to walk home alone after dark. The latecomers would skip this bracha so that they could catch up with the minyan.)[49] Some say it was recited instead of the Maariv Amidah. After the community would daven Mincha, when it was too early for Maariv, they replaced the Maariv Amidah with this blessing. This was permissible since Maariv was considered an optional prayer at that time.[50] (The blessing mentions G-d’s name 18 times which corresponds to the 18 blessings of the Amidah.) They did not want to wait and daven after dark, since the Shuls were outside the city (as explained) and it was dangerous to wait. Although we have now accepted Maariv as an obligation (see http://www.yeshivahcollege.org/parsha.php?reg=34) , many continue to recite this blessing.[51] The custom of the Sefardim, the Arizal, and of all Jews in Eretz Yisrael is to omit this blessing since the above reasons no longer apply.
o If one who normally says this blessing is in a Shul where it is not said, he may say it quietly if he will still be able to begin the Amidah with the minyan.[52]
o One who normally does not say this blessing who is in a Shul where it is said, should prolong the other blessings of the Shema so it is not obvious that he is deviating from the custom of that place.[53]
· Half Kaddish
o This Kaddish was originally intended as the completion of the blessing mentioned above (Baruch Hashem Le’Olam).[54] Even in communities that no longer say this blessing, the Kaddish is still recited.
· Silent Amidah
· Kadish Titkabel
o During the Sefirat Ha’Omer weeks, the Omer is counted at this point.
o On Friday night, Vayechulu and me’eyn sheva are recited at this point. See http://yeshivahcollege.org/parsha.php?reg=20 for more information on the Friday night Maariv.
· Aleinu, Kadish Yatom (and Barchu)
o In some communities, Barchu is recited again for people who may have come late and missed it the first time.[55]
§ Some have a custom to omit this Barchu on Shabbat and Yom Tov when everybody comes to Shul before Barchu.[56] According to the Arizal, however, there is a specific reason to say this Barchu on Friday night.[57] Thus the Chabad custom is to omit this Barchu during the week and say it specifically on Friday night.[58]
o If one is the chazzan (or is saying kaddish) in a Shul that normally says Barchu, he must say it even if he usually does not do so.[59] Similarly, if one is in a Shul where Barchu is not recited at this point, he should not recite it even if he is the Chazzan or is saying Kaddish.
Yakov and the Maariv Prayer
Yakov Avinu (the Patriarch Jacob) established the Maariv prayer on his way to the house of Lavan.[60] This prayer symbolizes the ability to find G-dliness in the exile, even in the darkest moments.[61] In the merit of this unwavering commitment to serving G-d, we will soon experience the building of the Third Bait HaMikdash which also corresponds to Yakov Avinu.[62]
[1] Deut. 11, 13 - 21
[2] On verse 18, from the Sifri
The Ramban questions this Rashi: Since these Mitzvot are not related to the Land of Israel, why is it necessary for the Torah to teach us that they must be observed in exile? See Gur Aryeh on the verse
[3] Rambam, Laws of Kriat Shema, 1, 1 and 2, see Pri Chadash O.C. 67
[4] Rashi, Brachot, 2a, D.H. Ad Sof. See Brachot 21a, Sha’agat Aryeh Siman 2
[5] On the verse
[6] The optimal time for davening Mincha begins at Mincha Ketana which is two and a half hours before sunset. Halfway through this time is known as Plag Hamincha (lit. half of Mincha). The hours we are referring to are Halachic hours which are 1/12 of the day. The size of these hours therefore varies depending on time of year and on one’s location.
[7] Brachot 26 a and b
[8] Tos. D.H. Yakov, Brachot 26b This is based on the Gemara (Chullin 91b) that after Yakov prayed Maariv, G-d made the sun set early.
[9] See Sidur HaRav, Seder Hachnasat Shabbat and Rama 233, 1, but see Mishnah Berurah, 233, 17 who cites opinions that one may not daven Mincha after sunset. At the very latest, he rules, one may daven Mincha up to 15 minutes before the stars come out. Regarding praying Mincah on Erev Shabbat after sunset, see Eretz Zvi of the Kozhiklover Rav, Siman 60
[10] Brachot ibid
[11] Brachot 27a
[12] O.C. 233, 1
[13] Ibid and Mishna Berurah 11
[14] Shulchan Aruch HaRav 267, 2 But see Magen Avraham 267, 1 that the Arizal would daven Maariv after nightfall even on Friday night.
[15] Shulchan Aruch HaRav ibid, O.C. ibid, Mishnah Berurah, 11
[16] Mishnah Berurah ibid, 11
[17] See Tur, O.C. 233 but see Tos D.H Brachot 2a that Rabbeinu Tam holds that one may also read the Shema early.
[18] Mishnah Berurah 235, 11 in the name of the Sha’agat Aryeh Siman 3. See Magen Avraham 235, 2 who holds that only the first two paragraphs need be repeated.
[19] If one does this every night, they may simply recite the Shema before going to bed with the intention of doing the Mitzvah. We do not fear they will forget to have this intention, since they do this on a nightly basis. If one does not do this every night, one must recite the Shema at the earliest opportunity and should not wait until later, because we fear they may forget to have this intention when they read the Shema later (Shulchan Aruch HaRav, Kuntres Acharon to Siman 267).
[20] O.C. 235, 1
[21] Tzemach Tzedek, Chidushim al HaShas page 2
[22] O.C. ibid, 3, Mishna Berurah, 26
[23] O.C. 235, 3 See Brachot 2a and Bi’ur Halacha, 235, D.H. UZmanah
[24] Aruch HaShulchan 235, 12
[25] Ketzot HaShulchan 27, 13
[26] O.C. 235, 4
[27] Ecclesiastes 1, 15 See Brachot 26a. But see Shulchan Aruch HaRav 58, 11 that some say that one who accidentally missed reading the Shema in the right time may make it up by saying the Shema twice during the next time of reciting the Shema.
[28] Aruch HaShulchan, ibid 19
[29] Mishnah Berurah, ibid, 34
[30] Piskei Teshuvot 236, 12
[31] Brachot 4b
[32] O.C. 235, 2
[33] Ibid
[34] See Rama 232, 2, Sha’ar HaTziyun, 235, 19
[35] Piskei Teshuvot 232, 3
[36] See Mishnah Berurah 235, 18, and 692, 16, Piskei Teshuvot 235, 7
[37] See ibid, note 49, Kuntres Acharon 2 on Shulchan Aruch HaRav 431
[38] One should wash their hands before Maariv as before any of the other prayers, even if they just finished learning (Rama 233, 2). If one washed before davening Mincha and remained in the Beit HaMidrash the entire time, they need not wash again (Mishnah Berurah 233, 16).
It is not customary to give Tzedakah before praying Maariv as it is customary to give before Shacharit and Mincha. This is because nighttime is a time of din gamur (strict judgment).
If a poor person asks for tzedakah in the evening, certainly one should give them (Siddur Reb Yakov Emden)
[39] Ibid
[40] Tur, Bait Yosef and Bach, Siman 237
[41] Zohar Parshat Terumah page 135
[42] Siddur HaArizal
[43] Brachot 4b
[44] Elyah Rabbah, end of Siman 237
[45] Siddur Otzar HaTefilot
[46] Mishnah Berurah, 236, 1
[47] Yabi’ah Omer, 2, 5
[48] Responsa of Rivevot Efrayim, 1, 174
[49] Tos. D.H. De’amar Brachot 4b
[51] Rosh, Brachot Chapter 1, Siman 5, Mishnah Berurah 236, 5. See also Aruch HaShulchan 236, 8 who reconciles these opinions.
[52] Piskei Teshuvot 236, 7
[53] Ibid
[54] Tur ibid
[55] See O. C. 133
[56] Rama, ibid
[57] Pri Etz Chayim, Sha’ar HaShabbat, beginning of chapter 14
[58] Siddur HaRav
[59] Piskei Teshuvot 133
[60] See Gen.
[61] Sefat Emmet 1873, 1877, 1884
[62] Ibid, 1887