Davening Early Ma’ariv\ Parashat Eschanon
In the Kinnos of Tisha B’av we read about the Asarah Harugei Malchus, the Ten Martyrs, one of which was Rabbi Akiva. As is referred to in the Kinnah, Rabbi Akiva’s Neshamah left him with the word אחד of the Shemah. The Parshah of Shemah, which appears in this week’s Parshah of Va’eschanan, has been the last words on the lips of thousands of Jews throughout the ages who were killed על קידוש השם.
In the Parsha of Shema itself the Torah commands us to recite the Shema daily, in the day and the night. The first Mishnayos in Brachos teach us of the time slot (zman) that we have within to recite it. The time of year that the zman of the evening Krias Shema is very relevant to be aware of is in the summer months, when nightfall can be quite late. In these months, there are those accustomed to davening Ma’ariv earlier than zman Krias Shemah, especially on Shabbos when many prefer to make “early Shabbos”. In the winter as well, there are plenty of places where Ma’ariv is scheduled immediately after Mincha, not waiting for nightfall in between. This Minhag, to Daven Ma’ariv early, dates back thousands of years and is actually the topic of the very first Sugyah in Shas. We will try to give a concise overview of this expansive topic.
The Mishnah in the beginning of Brachos is clear that one only fulfills his obligation by reciting the Shemah after nightfall - צאת הכוכבים, the appearance of three small stars, (which is around 15/20 minutes after sunset – this, though, is a topic unto itself). The Rishonim grapple with the fact that the Minhag was for Shuls to daven Ma’ariv earlier than that, rousing the question of how is everyone fulfilling their obligation? Rashi writes that one is Yotzei (fulfils his obligation) by reciting קריאת שמע על המטה before he goes to sleep. Many other Rishonim have a number of issues with this ruling and maintain that it is insufficient justification for the Minhag.
Rabbeinu Tam reasons that the same way the Rabbi Yehuda, later in the Mesechta, argues that one can daven the Ma’ariv Shemoneh Esrei from the earlier time of Plag Hamincha (around 1 ¼ hours before sunset), so too one can fulfil Krias Shemah after that time. Since the Gemarah allows for one to follow R’ Yehuda’s opinion with regard to Shemoneh Esrei, one may do so for Krias Shemah as well. Many Rishonim take great issue with Rabbeinu Tam’s opinion, saying that we cannot deduce Krias Shemah from Tefillah. Aside from this, relying on R’ Yehudah would, according to most opinions, require one to do so in a steady manner. At the very least, to Daven Mincha after Plag Hamincha and then to daven Ma’ariv immediately following would be self-contradictory for as, according to R’ Yehuda Mincha must be recited before Plag Hamincha.
Although there is also another opinion in Tosfos which allows for one to recite Krias Shemah slightly beforehand, many Rishonim conclude that one only fulfils the Mitzvah by reciting Krias Shemah after nightfall, צאת הכוכבים.
The Shulchan Aruch in סימן רל"ה סע' א' rules that one must recite Krias Shemah after צאת הכוכבים. If, however, the Minyan is Davening beforehand, he should Daven together with them and then repeat the Shemah (itself, without the Brachos) again after nightfall. The Mishnah Berurah writes that one is only required to repeat the first two parshios, Shemah and Ve’hoyo (והיה אם שמוע), but adds in the name of the Sha’gas Aryeh that a ירא שמים (a G-d fearing individual) should repeat the last parsha (ויאמר) as well. In סימן רל"ג סע' א' the Shulchan Aruch rules that one must be steady with regard to either always Davening Mincha before Plag Hamincha or always davening Ma’ariv after nightfall. In a case of real necessity, though, one may vary from his usual custom. The Mishna Berurah stipulates that he should still not do so, to contradict himself with Mincha and Ma’ariv, on the very same day. This holds true for a private individual. If, however, it is difficult for a Minyan to gather everyone together again later to Daven Ma’ariv at the appropriate time, they may Daven Mincha and Ma’ariv back-to-back for the sake of Tefillah B’tzibbur (the Mitzvah to Daven with a Minyan). Of course, everyone must repeat Krias Shemah again later, as per the above.
The Magen Avraham in סימן רס"ז, makes an important exception. He writes that even if someone generally Davens Ma’ariv only after nightfall, he may still daven Ma’ariv early on Shabbos. This is what allows one who usually Davens Ma’ariv at the ideal time to still make “early Shabbos”. Although there are those who are lenient in the matter, the Magen Avraham and Mishna Berurah rule that one should still be careful to Daven mincha before Plag Hamincha on that day itself. If a Minyan finds this difficult, the ruling above would apply. In any case, one must be careful on Shabbos as well to repeat the Shemah again after nightfall.
There are those, though, who are very diligent to never Daven Ma’ariv early, following the ruling of the Vilna Ga’on as cited in the Bi’ur Halachah in סימן רל"ה סע' א (ד"ה ואם).
