Tefillat Arvit (2)

Introduction:

 

Last week, we began our study of the evening prayer, Tefillat Arvit.  We focused upon the mitzva of the evening Keriat Shema, questioning whether one may fulfill the obligation as early as pelag ha-mincha, 1¼ seasonal hours before day's end (Rabbeinu Tam), or only after tzet ha-kokhavim, when the stars come out (Rishonim, Shulchan Arukh). 

 

Furthermore, we analyzed the relationship between Birkot Keriat Shema and Shema itself.  Should we view the blessings as birkot ha-mitzva, the blessings upon the performance of a commandment; or as birkot ha-shevach, blessings of praise for our enjoyment of God's creation; or as both?

 

Our discussion revolved around the ancient practice of Ashkenazic communities to recite Tefillat Arvit early, after pelag ha-mincha, most likely due to the difficulties of assembling a minyan (quorum) for prayer later in the evening.  Assuming that one may recite the Shemoneh Esreh of Arvit before dark, can we justify reciting Birkot Keriat Shema during a time in which one cannot fulfill the mitzva of Shema?

 

We encountered a number of responses to this practice.  On the one hand, Rabbeinu Tam concedes that the proper time for Keriat Shema may actually begin after pelag ha-mincha, thereby removing any conflict between the blessings and the performance of the mitzva.  Others (Rav Hai Gaon, Riva) insist that although the Shemoneh Esreh of Arvit may be recited earlier, Keriat Shema WITH its blessings should only be recited after dark!  Alternatively, the Vilna Gaon (Gra) argues that one should never recite Arvit before dark, even at the price of sacrificingtefilla be-tzibbur (communal prayer). 

 

Others reconcile the practice to recite the entire service with the understanding that one cannot fulfill the obligation to recite Shema until after dark.  For example, the Rashba suggests that the blessings are actually birkot ha-shevach, not birkot ha-mitzva.  Rav Amram Gaon apparently agrees, but insists that one should still recite a special birkat ha-mitzva before reciting the Shema on one's bed!  Others (Or Zarua citing the Ri) suggest that the blessings said earlier may actually still cover the Keriat Shema recited again after dark.  Finally, the Me'iri suggests that the blessings fulfill a dual function: they offer praise for the solar cycle and the Torah, and they ALSO function as birkot ha-mitzva for Keriat Shema.

 

This week, we will challenge the very assumption of the ancient Ashkenazic custom, and we will question whether Tefillat Arvit may indeed be recited before dark.

 

The Proper Time for Tefillat Arvit: Rabbi Yehuda and Rabbanan

 

The Mishna (Berakhot 4:1) presents a debate between Rabbi Yehuda and Rabbanan regarding the proper time for the afternoon prayer: "Tefillat Mincha [can be said] until evening; Rabbi Yehuda says, 'Until pelag ha-mincha.'"

 

As we shall see, the Rishonim assume that the earliest time for Tefillat Arvit begins when Tefillat Mincha may no longer be recited.  Interestingly, the Arukh Ha-shulchan (235:3-5) insists that while Rabbi Yehuda and Rabbanan debate whether one may recite Mincha after pelag ha-mincha, all agree that Tefillat Arvit may be recited earlier.  He argues that since Arvit is derived from the burning of the limbs and fats in the Temple, which would actually begin during the day, Tefillat Arvit may certainly also be recited during the day.  Despite his forceful arguments, the simple reading of the Gemara and the Rishonim, seems to contradict his understanding. 

 

The Gemara (27a) continues:

 

Seeing that Rav would recite the evening prayer of Shabbat while it was still day, we must conclude that the halakha follows Rabbi Yehuda!

On the contrary, from the fact that Rav Huna and our rabbis would not pray until nighttime, we may conclude that the halakha does not follow Rabbi Yehuda!  

Seeing then that it has not been stated definitively that the law follows either one or the other: if one follows the one he is right, and if one follows the other he is right.

 

The Gemara concludes that since there are different opinions regarding the earliest time that one may recite Tefillat Arvit, one may follow either opinion. 

 

This conclusion is quite stunning, as generally, in cases of doubt, the Gemara will either rule in accordance with the majority (Rabbanan, in this case), or accept one opinion based upon the rules of halakhic decision-making.  What is the Gemara's intention in stating that if one follows either opinion, "he is right"? 

 

The Rishonim disagree as to how to "follow" the opinion of Rabbi Yehuda or Rabbanan, regarding the consistency of one's decision.  Must one choose one opinion and follow it forever?  Or may one change from day to day?  May one even follow both opinions on the same day, as apparently was the practice in many areas in Europe?

 

Some Rishonim note that another mishna may provide a model for relying on different options which, depending upon the circumstances, may or may not create a tartei de-satrei (paradox).

 

The Mishna (Taharot 5:5) teaches:

 

If there are two paths, one pure (tahor) and the other impure (tameh) [but we do not know which is which], and he walks down one of them and then prepares pure food (taharot), after which his friend comes and walks down the other path and then prepares taharot, Rabbi Yehuda says that if they inquire separately, the food is pure; if, however, they inquire simultaneously, they are both impure.  Rabbi Yosei declares them impure in either case.

 

In this case, there are two paths in a given place, under one of which is a corpse, which would render anyone who walks on it tameh, ritually impure; this impurity would then extend to any food that the traveler prepares.  If there is one traveler, we can assume that the path he has chosen is the tahor one, so that the food he has touched is unaffected.  However, what do we do when there are two travelers, one for each path?  Logically, one of them must be tameh; according to Rabbi Yosei, since we cannot choose between them, they are both impure.  However, according to Rabbi Yehuda, whether or not we consider the two scenarios to be inherently contradictory depends upon the way the question is asked. 

 

Similarly, the Me'iri (27a) rules that one may follow the opinion of Rabbi Yehuda on one day, reciting Mincha BEFORE pelag ha-mincha and Arvit before dark, and, on another day, follow the view of Rabbanan, reciting Mincha until the day's end and Arvit immediately afterwards.  He explains that even if one switches daily, one's behavior is still akin to the case in which the two questions are dealt with separately.  Only when one attempts to rely upon both Rabbi Yehuda and Rabbanan on the SAME day do we render his decision invalid; it is as if he presents both scenarios to the same halakhic authority!

 

Most Rishonim disagree.  The Talmidei Rabbeinu Yona (18b, Rif) and Rosh (4:3) imply that one should not change back and forth; rather one should choose one opinion, either that of Rabbi Yehuda or Rabbanan, to follow consistently.  Apparently, these Rishonim understand that even if one follows Rabbi Yehuda's opinion on some days and Rabbanan's on others, this behavior is still akin to inquiring regarding the two paths simultaneously.

 

The Rishonim record that the custom in Ashkenazic communities is to recite Tefillat Arvit after pelag ha-mincha (Rishonim on Berakhot 2a; Terumat Ha-deshen 1; and Teshuvot Ha-Maharil Ha-chadashot 45).  Therefore, Tefillat Mincha should be recited before pelag ha-mincha.  In Sephardic communities, however, the custom is to recite Arvit at night (Talmidei Rabbeinu Yona, Berakhot 18b), and therefore Mincha may be recited until dark. 

 

The Acharonim relate that in recent generations, the communities have actually "reversed" their customs, and therefore while many Sephardic communities recite Arvit early, Ashkenazic communities, especially from Eastern Europe, recite Arvit only after dark. 

 

Rav Yosef Karo, in his Shulchan Arukh (233:1), rules:

 

We conclude that "if one follows the one he is right, and if one follows the other he is right," which means that one should always adhere to one of the opinions; and if he follows the position of Rabbanan, he may recite Mincha until nightfall and may not recite Arvit after pelag ha-mincha; and if he follows Rabbi Yehuda, he recites Arvit after pelag ha-mincha and should be careful not to recite Mincha during that time.

 

While he records that that the custom is to recite Arvit after dark, the Rema, reflecting Ashkenazic practice, writes that the custom in his area is to recite Arvit during the day, after pelag ha-mincha. 

 

Reciting Mincha and Arvit before Dark:

 

Despite the apparent agreement that one should be consistent in one's choice whether to follow the opinion of Rabbi Yehuda or Rabbanan, some Posekim still permit one to follow a different opinion under certain circumstances.

 

Regarding a situation categorized as "be-diavad" (ex post facto) or "bi-shat ha-dechak" (in extenuating circumstances) Rav Yosef Karo (OC 293:1) writes that while those who are accustomed to reciting Mincha until dark should not recite Arvit after pelag ha-mincha, however, be-diavad or bi-shat ha-dechak, reciting Arvit after pelag ha-mincha is valid.  The Rema concurs, citing the opposite scenario. 

 

Furthermore, the Magen Avraham (267:1) argues that on Shabbat, even one who generally recites Arvit after dark may accept Shabbat early and recite Arvit after pelag ha-mincha.  Indeed, Rav Yosef Karo (267:2) recommends reciting Arvit early on Erev Shabbat!  (He notes that the Ritz Ghiyyat, cited by the Tur, OC 293, disagrees.)

 

This stands in contrast to the opinion of Rav Hai Gaon, cited above, who permits one to recite the Shemoneh Esreh, yet rules that one should recite Shema with its Berakhot after dark. 

 

Furthermore, the Vilna Gaon (see Bei'ur Halakha 235:1) disagrees, insisting that one should always recite Arvit after dark, even at the expense of tefilla be-tzibbur.  Most Acharonim reject the Gra's insistence that one only recite Arvit after dark (OC 235:1; Sha'ar Ha-tziyyun 235:16; and Iggerot Moshe, OC 2:60).  Interestingly, the Mishna Berura suggests (235:12) reciting Shemoneh Esreh with the congregation and reciting Keriat Shema with its Berakhot after dark.  The Mishna Berura (11) notes that one should not recite BOTH Mincha and Arvit between pelag and nightfall, as we shall discuss.

 

Thus, it seems that the values of tefilla be-tzibbur and starting Shabbat early may permit one to rely temporarily upon the opinion one normally does not follow.

 

May one ever recite BOTH Mincha and Arvit between pelag ha-mincha and nightfall?  While the Talmidei Rabbeinu Yona (Berakhot 18b) rule that be-diavad one has fulfilled one's obligation, they do not indicate whether at times this may be permitted le-khatechila, ab initio.

 

In Beit Yosef (233), Rav Yosef Karo records that the custom is to be lenient and to recite Mincha and Arvit between pelag ha-mincha and night.  While he finds great difficulty with this practice, he suggests that perhaps "regarding prayer they were lenient."

 

The Mishna Berura (267:3; Bei'ur Halakha ad loc.; 233:11) cites Rav Yaakov of Lisa who suggests that a tzibbur may follow both opinions and recite BOTH Mincha and Arvit after pelag ha-mincha, in order to pray with a minyan.  Rabbi Yitzchak Yosef, in his Yalkut Yosef (235:1), also defends this practice.

 

This issue is especially pertinent in communities which make "early Shabbat" during the summer months, reciting Tefillat Arvit long before sunset.  While clearly the preferred manner is to pray Mincha BEFORE pelag ha-mincha and Arvit afterwards, many communities set one fixed time for Mincha and Arvit, in which case both prayers are usually recited after pelag ha-mincha.  Apparently the justification for such a practice lies in the opinion cited above, which permits one to follow both Rabbi Yehuda and Rabbanan even on the same day, in order to preserve communal prayer. 

 

While there may be justification for a community to recite Mincha and Arvit before night when delaying Arvit might entail abolishing the community's evening prayers, whether an individual who happens upon such a minyan should pray Mincha and Arvit during the day, or wait until evening and then recite Tefillat Arvit alone, is subject to debate. 

 

 

Next week, we will address the case of a latecomer at Tefillat Arvit, as well as the activities prohibited before reciting it.  We will also discuss the obligation of Tefillat Arvit in the context of the Talmud's statement that it is "optional."

, full_html, This week, we will challenge the very assumption of the ancient Ashkenazic custom, and we will question whether Tefillat Arvit may indeed be recited before dark.