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יואל אפרים בן אברהם עוזיאל זלצמן ז”ל

Question: My neighborhood has a minyan that begins Maariv of Motzei Shabbat 15 minutes before the time for the end of Shabbat in standard calendars. Considering I don’t remember seeing such minyanim, is it permitted to daven so early? Is it okay for me to join?

Answer: We will start our discussion with the fundamental halachic principles.

One halachic component of Maariv on Motzei Shabbat is the tefillah of Maariv, like every night. There are legitimate opinions that one can daven Maariv from plag haMincha (long before sunset—Brachot 27a). However, the more accepted practice (Erev Shabbat may be different) is to wait until the day is over. For some (especially Sephardim), this is from sunset, but it is better to wait until tzeit hakochavim (nightfall) (see Mishna Berura 233:9), which is at least around 14 minutes after sunset, but most communities who wait for tzeit during the week assume it is between 18 and 25 minutes after sunset (not the 35 plus minutes for the end of Shabbat). From a tefillah perspective, this is true also on Motzei Shabbat.

The issue is the Shabbat element. The need for tosefet Shabbat is not only in the beginning of Shabbat but also at its end (see Beit Yosef, Orach Chayim 293; Mishna Berura 293:5). However, it is a short time, and the main reason for the significantly later time than “weekday tzeit hakochavim” on our calendars is out of concern, in such a serious matter, that our assumed tzeit hakochavim is too early. Fundamentally, both tosefet and special concern do not apply to Maariv (see Mishna Berura 293:1), and, therefore, it is permitted according to basic halacha to daven Maariv a little early.

Does Havdala (Ata Chonantanu) in Shemoneh Esrei complicate matters? The Shulchan Aruch (Orach Chayim 293:3, based on Brachot 27b) allows davening Maariv toward the end of Shabbat, if there is sufficient need. This includes Havdala in Shemoneh Esrei and likely even Havdala over wine (without making the bracha on light or doing melacha). The Maharshal—accepted by many poskim (see Mishna Berura 293:9)—objected to davening so early because it looks strange to daven Maariv of Motzei Shabbat on Shabbat and because it could confuse people into doing melacha too early. However, we do not find that type of concern to Maariv at a normal Maariv time and when Shabbat is likely over meikar hadin. It does not look strange, and the concern for doing melacha is much less of a problem—at least if Shemoneh Esrei is over only after melacha is permitted.

In practice, though, the codified minhag (Shulchan Aruch ibid. 1; see Mishna Berura 1) is not to daven Maariv before Shabbat is considered out. The Beit Yosef (ad loc.) connects the idea to the Gemara (Shabbat 118b) that praises those who extend Shabbat longer than necessary. Let us put the connection in perspective. Davening Maariv is one of the strongest ways to usher in a new day (see Shulchan Aruch, Orach Chayim 261:4, regarding accepting Shabbat and Mishna Berura 188:32, regarding precluding saying “Retzei” at Shabbat’s end). Therefore, besides Ata Chonantanu, davening Maariv ends Shabbat to the extent possible, which somewhat negates tosefet Shabbat. The Pri Megadim (MZ 293:1) presents the same basic idea in other terms: we don’t want it to look as if Shabbat is a burden. There are also minhagim such as stretching out Vehu Rachum (Rama, Orach Chayim 293:3) and the halachic discussions of, perhaps, doing Chanukah lights before Havdala (see Mishna Berura 681:3) to extend elements of Shabbat a little longer.

Therefore, the minyan you refer to is not forbidden, but standard practice and sources view it as against the minhag and distasteful under normal circumstances. When one has a pressing need, it is legitimate to end Maariv at the time one can do melacha, and it is then a good question whether to daven at home or whether a large community should provide a “side minyan”—due to the likelihood that there will be enough people with special needs. We do not pass judgment on an individual who takes part or a community that has such a minyan, but it would be unusual for a proper shul to have its main minyan early.

Rabbi Mann is a dayan for Eretz Hemdah and a staff member of Yeshiva University’s Gruss Kollel in Israel. He is a senior member of the Eretz Hemdah responder staff, editor of Hemdat Yamim and the author of “Living the Halachic Process Volumes 1 and 2” and “A Glimpse of Greatness.”