Chapter 37: Maariv[1]

1. The Mitzvah:

Shemoneh Esrei:[2] The Shemoneh Esrei prayer of Maariv is voluntary. Nonetheless, all the Jewish people have accepted this prayer as an actual obligation.

Shema:[3] It is a Biblical command for men to read the nighttime Shema.

2. Who is obligated in Maariv?[4]

Women: Women are exempt from the saying of the evening Shema and are likewise exempt from the Maariv Shemoneh Esrei, which is in any event a voluntary prayer which although became accepted by man as an obligation, was never accepted by women to be recited, and indeed most women are not accustomed to say it. [However, according to some opinions[5], they remain obligated in reciting the paragraph of Vayomer and the blessing of Emes Vaemuna until after Goal Yisrael and the paragraph of Hashkiveinu in order to fulfill their obligation of remembering the Exodus daily both by night and day. See also Chapter 46 for all the details of the prayers that women are obligated or exempt from!]

Children:[6] Children who are above the age of Chinuch [i.e. 6-7 years old] are obligated to be educated to pray Shemoneh Esrei of Maariv.[7] Furthermore, once a child has reached the age of Chinuch, it is proper to educate him in the saying of Kerias Shema and its blessings both by day and night. Accordingly, it is proper for a father to make sure that his son Davens the entire Maariv, from when he reaches the age of Chinuch. The age of Chinuch is from the age that the child understands the meaning of the Mitzvah. [This is approximately from age 6-7. Other Poskim rule it is between age 9-10. Practically, it all depends on the child’s maturity.] If one’s child who has reached the age of Chinuch is sleeping, some Poskim  rule that in such a case one may rely on the lenient opinion and not wake him. See chapter 47 for all the details of the prayers that children are obligated or exempt from!

3. The time of the nighttime Shema:[8]

See Chapter 3 Halacha 6 for further details on this subject!

Start time for nighttime Shema: The time for the nighttime Shema begins from when three small stars become apparent in the sky. At this point nighttime has definitely arrived. On a cloudy day in which it is not possible to tell how many stars are out, then one should wait until he is certain that my time has arrived.

If read Shema before nighttime: In the event the one read the Shema prior to nightfall, but after the time of Plag Hamincha, such as if one Davened Maariv prior to nightfall, then one is to repeat its reading after nightfall without its blessings. One is to repeat all three paragraphs of the Shema after nightfall.

The end time for reading the Shema: Initially, one is to read the Shema immediately upon nightfall and so is considered the greatest way of fulfilling the mitzvah. At the very least, one is to say the Shema prior to midnight due to a rabbinical decree against pushing it off until morning lest one forget to say it. Nonetheless, Bedieved, if midnight has already passed and he has yet to read it, then he is to read it until morning.

Reading after Alos Hashachar:[9] One must read the Shema prior to Alos Hashachar and if he reads it after this time he does not fulfill his obligation. However, if one did not read the night Shema prior to Alos Hashachar due to reasons beyond his control, such as if he was sick or drunk, then the Sages permitted him to still read it even past Alos Hashachar and fulfill his Biblical obligation. In such a case, it may be read up until sunrise. In such a case one is to read the before and after blessings of the Shema together with the Shema, with exception to the blessing of Hashkiveinu which is not to be recited once it is after Alos Hashachar being that is no longer a time for people to go to sleep. In such a case, one is not to read the morning Shema until after sunrise. [Thus, one who due to reasons beyond his control did not yet Daven Maariv and Alos has already arrived, is to Daven Maariv until the blessing of Goal Yisrael. He does not recite the blessing of Hashkiveinu, nor does he Daven Shemoneh Esrei of Maariv. Rather, in the morning after Shacharis he should Daven Shemoneh Esrei again as a Tashlumin for Maariv.] If however he did not read the Shema prior to Alos due to negligence and reasons that were within his control [and according to some opinions even if this was due to mere forgetfulness], the sages removed his ability of fulfilling his Biblical obligation of reading the Shema, although if he chooses he may read it without its blessings like a person who reads verses from the Torah.

4. The time for the Maariv prayer:[10]

See Chapter 3 Halacha 6 for further details on this subject!

The start time: The main time for the Maariv prayer begins from nightfall and so is the widespread custom of Ashkenazi Jewry today and so is the custom of Chabad to delay praying Maariv until after nightfall. As stated in the previous chapter, the custom is to study Chassidus or Iyun Yaakov after Mincha, until the time of nightfall arrives.

Davening by Plag Hamincha: Bedieved if one Davened Maariv after the time of Plag Hamincha [i.e. one hour and 15 minutes Zemaniyos prior to sunset], then he fulfills his obligation and is not required to repeat the Maariv prayer later on that night although he must repeat the Shema, without its blessings, upon the arrival of Tzeis Hakochavim. Furthermore, if there was worry that there will not be a Minyan after nightfall, then it is even initially permitted for one to Daven Maariv starting from Plag Hamincha.

Davening Maariv with a Minyan during Pelag Hamincha versus Davening in private after nightfall?[11] One who normally Davens Maariv after nightfall who is present by a Minyan that Davens Maariv after Pelag Hamincha, is to Daven with them [if a Minyan will not be available later on], and then repeat Shema, without its blessings, upon arrival of Tzeis Hakochavim. However, he is not to repeat Shemoneh Esrei of Maariv even though the Minyan Davened much time prior to night, unless he is very meticulous in all other matters of piety. [However, this law only applies to those who on occasion daven Maariv after Pelag Hamincha, in which case here too they should Daven with the Minyan. However, one who is accustomed to always Daven Maariv after nightfall is not required to Daven beforehand with the Minyan even if this will cause him to not be able to Daven with a Minyan later on.[12] Thus, in the above example, he may delay Davening Maariv until nightfall even though he will have to Daven in private.]

May one Daven Mincha and Maariv within Plag Hamincha?[13] It is forbidden to Daven both Mincha and Maariv on a single day within the period of Plag Hamincha and hence whenever one plans on Davening Maariv after the time of Plag Hamincha he is to make sure to Daven Mincha prior to the time of Plag Hamincha. [Some Poskim however are lenient to allow a congregation to Daven both prayers one after the other within the period of Plag Hamincha, if it will be difficult to gather the congregation again afterwards for Maariv. Other Poskim however rule one may only be lenient to do so if one will Daven Maariv after sunset. There are communities that follow the former opinion and Daven both Mincha and Maariv within Plag Hamincha. It is never permitted for an individual that is not part of a Minyan to Daven both Mincha and Maariv within Plag Hamincha, as stated above.]

The end time for Maariv: It is permitted for one to Daven Maariv up until Alos Hashachar, although initially one is required to recite the paragraph of Shema prior to midnight, as stated above in the previous Halacha. After Alos Hashachar has arrived one may no longer recite the Shemoneh Esrei prayer of Maariv, and one is able to make it up as a Tashlumin prayer after Shacharis. Many Poskim[14] rule that even if he delayed its prayer due to reasons beyond his control, in which case we rule that one can make up the section of Shema and its blessings after Alos, as explained in the previous Halacha, nevertheless, he cannot Daven Shemoneh Esrei. [Thus, even one who did not yet Daven Maariv due to reasons beyond his control and Alos has already arrived, he is to only Daven Maariv until the blessing of Goal Yisrael. He does not recite the blessing of Hashkiveinu, nor does he Daven Shemoneh Esrei of Maariv. Rather, in the morning after Shacharis he should Daven Shemoneh Esrei again as a Tashlumin for Maariv.]

5. Eating before Maariv:[15]

Starting from half an hour prior to nightfall, it is forbidden for one to begin eating a meal. However, it is permitted for one to eat a snack prior to Maariv. This includes any amount of fruits and any amount of non-alcoholic beverages. One may even eat up to a Kibeitza [55 grams] of bread or Mezonos[16] and up to 55 mL of alcoholic beverages, but not more.

Transgressed and began meal: One who already began eating is obligated to stop eating as soon as nighttime arrives, and to recite the Shema. He, however, is not required to Daven Maariv at this moment if he already began eating the meal [as opposed to mere washing for the meal] and can suffice with reciting the Shema without its blessings, if he will have time to Daven Maariv at the conclusion of the meal. However, if he has yet to begin actually eating the meal, even if he already washed his hands for the meal then he is required to immediately Daven Maariv prior to beginning to eat. In the event that he already said the blessing of Al Netilas Yadayim on the washing, then he should recite the blessing of Hamotzi and eat a Kezayis of bread, and then stop and Daven Maariv.

Begun meal during daytime: If one began eating his meal during daytime, prior to the half hour before nightfall being reached, then he is not required to stop his meal and recite the Shema upon the arrival of nightfall, so long as there is enough time to recite it after the meal.

Snack: It is permitted for one to eat a snack prior to Maariv. This includes any amount of fruits and any amount of non-alcoholic beverages. One may even eat up to a Kibeitza [55 grams] of bread and up to 55 mL of alcoholic beverages, but not more.

May one eat more than a Kebeitza of Mezonos before Maariv?[17] One may eat up until 55 grams of Mezonos foods prior to Davening Maariv even if he does not have a Shomer or set minyan that he Davens by. It is forbidden to him to eat more than this amount of Mezonos

One who has a reminder:[18] The custom today is to permit one to begin even a small meal past the time of Maariv being that the Gabaiy of the synagogue reminds everyone to come to Shul for the Minyan, and hence there is no worry that what will come to forget to Daven. However, as soon as one is called for the Minyan then and he must stop his meal and Daven. In a community in which the Gabaiy of the synagogue does not remind the congregants to come to the Minyan, then the prohibition returns to its place.

6. Activities that are forbidden to be done prior to Davening Maariv:[19]

All activities which are restricted and prohibited from being done prior to Davening Mincha are likewise prohibited from being done prior to Davening Maariv, starting from a ½ hour prior to nightfall. This includes even the study of Torah, which is restricted until one Davens Maariv.

7. Washing hands between Mincha and Maariv:[20]

If one washed his hands prior to Mincha he is not required to rewash his hands prior to Maariv, so long as he did not remove his mind from his hands in the interim period.

If one left the Shul and returned: If one did not consciously guard his hands then he is to rewash prior to Maariv. If however one made sure to guard his hands in the interim then he is not required to wash his hands a second time.

8. The Nussach of the prayer:[21]

It is customary to recite the following prior to the start of Maariv:

• Vehu Rachum
• Shir Hamalos
• Half Kaddish, when praying with a Minyan.
• Barchu, when praying with a Minyan. One is not to make an interval after Barchu is recited and is to rather immediately begin the prayer just as we rule regarding the morning Barchu.

Finishing the blessing of Oheiv Amo Yisrael quietly:[22] The Chazan [and the individual] is to conclude the blessing of Oheiv Amo Yisrael silently. [The Chazan is to say aloud the words Baruch Ata Hashem and then conclude the remaining words in silent.]

Half Kaddish before Shemoneh Esrei: After the conclusion of the blessing of Hashkiveinu, the Chazan is to recite the half Kaddish at which point the congregation is to stand up in readiness to pray Shemoneh Esrei.

Full Kaddish after Shemoneh Esrei: After the conclusion of Shemoneh Esrei, the Chazan is to recite the full Kaddish with Tiskabel.

After Shemoneh Esrei: It is customary to recite the following at the conclusion of Maariv:

• Aleinu
• Kaddish Yasom
• Barchu:[23] One may recite Barchu at the end of Davening for the sake of people that did not yet hear Barchu. Furthermore, according to Kabbalah, the Chazan is to always recite Barchu daily after Maariv. The Chabad custom, however, is not to recite Barchu at the end of Maariv during the week, even if there is a person present that did not hear it. However on Friday night the Chabad custom is to recite Barchu before Aleinu in all cases, even if everyone was present for Maariv. Each community is to follow his custom in this matter.

 

9. Laws of the prayer:

The intent by the third paragraph of Vayomer:[24] Upon reciting the verse of “Hotzeizi Eschem Meieretz Mitzrayim” within the third paragraph of Vayomer, one is to have in mind to fulfil the Mitzvah of remembering the Exodus which is a positive command required to be fulfilled daily both by day and night.

Standing up:[25] After the conclusion of the blessing of Hashkiveinu, upon the Chazan beginning the half Kaddish, the congregation is to stand up.

When to take three steps back up after Maariv:[26] Some are accustomed to simply wait the amount of time it takes to walk four Amos and then return back to their place, although most wait until the Chazan begins to say Kaddish, as this is the ruling of most of today’s Poskim. Practically, the custom in Chabad, based on the witnessed custom from the Rebbe, is to take the three steps back up only when the Chazan concludes the stanza of “Deamiran Bealma” in Kaddish.

10. The law if one said the blessing of Shacharis instead of the blessing of Maariv:[27]

If one accidentally said the Shacharis blessing of Yotzer Or instead of the Maariv blessing of Maariv Aravim, then he does not fulfill his obligation. If either the beginning or end of the blessing was mixed up with the Nussach of the blessing of Maariv, then one does not fulfill his obligation and must repeat the blessings.

Mixed up beginning of Maariv Aravim with Yotzer Or and quickly fixed himself: If by the first blessing of Kerias Shema one mistakenly began with the Shacharis blessing of Baruch Ata Hashem Elokeinu Melech Haolam Yotzer Or Uboro Choshech instead of the Maariv blessing of Baruch Ata Hashem Elokeinu Melech Haolam Asher Bidevaro Maariv Aravim, then if he remembered right away [within Kdei Dibur[28]] and fixed himself and said Asher Bidevaro Maariv Aravim, and then concluded correctly with Maariv Aravim, then he fulfills his obligation.

Mixed up beginning of Maariv Aravim with Yotzer Or and eventually fixed himself: If he did not fix himself right away [within Kdei Dibur] and say Maariv Aravim after mistakenly saying Yotzer Or Uboro Choshech, but eventually corrected himself and concluded the blessing correctly with the words Maariv Aravim of the Maariv blessing, then he does not fulfill his obligation, and must repeat the blessing of Maariv Aravim.

Mixed up the conclusion of Maariv Aravim with Yotzer Or: If one mistakenly concluded the blessing of Maariv Aravim with the Shacharis blessing of Baruch Ata Hashem Yotzer Hameoros, instead of the Maariv concluding blessing of Baruch Ata Hashem HaMaariv Aravim, then he does not fulfill his obligation, and must repeat the blessing of Maariv Aravim from its beginning. If, however, he recognized his error right away and quickly corrected himself within Kdei Dibbur and correctly concluded with the words HaMaariv Aravim, then he fulfills his obligation.[29]

Remembered only by blessing of Ahavas Olam: If one only remembered his error of mixing up his blessing of HaMaariv Aravim with the Shacharis blessing of Yotzer Or, after her already began the blessing of Ahavas Olam, then if he has yet to conclude the blessing of Ahavas Olam, then he is to go back and repeat from the start of the blessing of Maariv Aravim and then once again say Ahavas Olam. If, however, he already concluded the blessing of Ahavas Olam, or already said the words Baruch Ata Hashem, then he is to continue with Shema, and repeat the blessing of Maariv Aravim after concluding Shemoneh Esrei.

Said Ahavas Olam of Shacharis instead of Maariv:[30] If one accidentally said the blessing of Ahavas Olam of Shacharis instead of that of Maariv, and concluded with the words of Habocher Beamo Yisrael Beahava instead of Oheiv Amo Yisrael, then he nevertheless fulfills his obligation.

Said Emes Veyatziv instead of Emes Vaemuna:[31] If one accidentally said the paragraph of Emes Veyatziv of Shacharis instead of Emes Vaemuna of Maariv, then he nevertheless fulfills his obligation. However, if one remembered prior to completing the blessing of Goal Yisrael, then he is to go back and recite from the beginning of Emes Vaemuna. If he already said Hashem’s name in the blessing, then he is to simply conclude with Goal Yisrael and continue.

11. Hefsek in Shema and Birchas Shema:[32]

The laws of making an interval in the middle of Shema of Maariv, and within or in between its blessings, follow the same as those of Shacharis, as explained in length in chapter 17 Halacha 4, with exception to between the blessing of Goal Yisrael and the start of Shemoneh Esrei, as will be explained below.[33] The following is a summary of these laws:

1. The general laws:

Making gestures: It is forbidden for one to make any gestures to another individual in middle of the first paragraph of Shema. One may not make a gesture to his friend using his eyes [such as to wink at him] or his lips or his fingers. This applies even if it is being done for the sake of a Mitzvah. However, from the second paragraph and onwards one may make a gesture to another individual for the sake of even a slight Mitzvah.

Torah learning and other activity:[34] It is forbidden for one to involve himself in any activity that requires concentration in the middle of the reading of the Shema. This applies, even to a mitzvah activity. This applies, even during the second or third paragraph of the Shema. Thus, it is forbidden for one to stop to study Torah in middle of the Shema. Furthermore, this prohibition applies not just during the recital of the Shema, but also during the recital of the blessings of the Shema, or during the recital of any blessing, as one may not remove his mind from the content of the blessing that he is saying.

Amen: One may not answer Amen in middle of Kerias Shema or its blessings, including in-between the paragraphs, for any blessing, with exception to the blessings of the Shema, as will now be explained, and with exception to between the blessing of Goal Yisrael and the start of Shemoneh Esrei, as will be explained below.

Amen for Maariv Aravim:[35] One may answer Amen for the blessing of Maariv Aravim if one has already concluded the blessing and has yet to begin the next blessing, and hears the conclusion of the blessing said by the Chazan or another individual. Accordingly, one should hurry and conclude the blessing prior to the Chazzan in order so he can answer Amen to his blessing.

Amen for Oheiv Amo Yisrael:[36]  It is disputed amongst the Poskim if one is to answer Amen to the blessing of Oheiv Amo Yisrael. Practically, the Ashkenazi custom is for the congregation to answer Amen to the blessing of Ahavas Olam said by the Chazan. According to this approach, one should hurry and conclude the blessing prior to the Chazzan in order so he can answer Amen to his blessing.[37] The Sephardi custom, however, is not to answer Amen. Due to the dispute and discrepancy, many of both Sephardi and Ashkenazi background conclude the blessing together with the Chazan in order to avoid the need to answer Amen. The Chabad custom is to avoid the situation through having the blessing concluded in silent [by both the Chazan and other individual congregants in order not to cause others to make an interval to answer this Amen between the end of the blessing and Shema]. Thus, the Chazan is to say aloud the words Baruch Ata Hashem and then conclude the remaining words in silent.

Amen of Goal Yisrael and Haskiveinu:[38] One may answer Amen after Goal Yisrael or Hashkiveinu if one has already concluded the blessing and has yet to begin the next blessing, and hears the conclusion of the blessing said by the Chazan or another individual. Accordingly, one should hurry and conclude the blessing prior to the Chazzan in order so he can answer Amen to his blessing. Furthermore, after the blessing of Hashkiveinu it is permitted for one to answer Amen even if he concluded it together with the Chazan or together with another person who said it out loud.

Making an interval after the blessing of Goal Yisrael or Hashkiveinu:[39] It is forbidden for one to talk between the blessing of Goal Yisrael and the start of Shemoneh Esrei of Maariv. Some Poskim rule, and so is the Chabad custom[40], that it is forbidden to make an interval to recite any verses between Hashkiveinu and the start of Shemoneh Esrei, and hence we do not recite the blessing of Baruch Hashem Leolam or Veshamru on Friday night. [However, according to Ashkenazi custom, it is permitted to recite certain verses between Hashkiveinu and the start of Shemoneh Esrei, such as the blessing of Baruch Hashem Leolam, and Veshamru on Shabbos. Furthermore, some Poskim[41] rule that it is permitted for one to make an interval to answer Amen, or for a Davar Shebekedusha, after concluding the blessing of Goal Yisrael or after concluding the blessing of Hashkiveinu, prior to beginning Shemoneh Esrei of Maariv. Certainly, one may answer Amen for the blessing of the Chazan, as stated above.  However, so long as one is to the middle of the blessing, it follows the same laws as the Shema and its before blessings regarding making an interval.]

Announcing Ya’aleh Veyavo, or Visein Tal Umaarar, or Al Hanisim, before Shemoneh Esrei:[42] One may not announce prior to Shemoneh Esrei of Maariv [and certainly of Shacharis] that the paragraph of Ya’aleh Veyavo or Visein Tal Umaarar or Al Hanisim is to be said in Shemoneh Esrei. [Nevertheless, upon the Chazan reaching Ya’aleh Veyavo or Visein Tal Umaarar or Al Hanisim he is to recite these words aloud. One may likewise bang on the table and the like, prior to Shemoneh Esrei to remind the congregation, and so is the widespread custom.]

Barchu: One may answer for Barchu in middle of Kerias Shema and its blessings. One is to say the words “Baruch Hashem Hamevorach Leolam Vaed.” However, one should not answer Amen after the Chazan repeats this stanza out loud.

Answering for Kaddish:[43] One may answer for certain stanzas of Kaddish in middle of Kerias Shema and its blessings. One may recite Amen Yihei Shemei Raba, and the Amen of Damiran Bealma. One is to say the words Amen Yihei Shemei Raba up until the word Yisbareich, including the word Yisbareich. One is to stop Davening when Kaddish is being said and pay attention to the words until the words of Damiran Bealma recited, after which one is to answer Amen and he may then resume his prayers.

Thunder and lightning: One may recite the blessing over thunder or lightning in middle of Kerias Shema and its blessings. One may stop to say the blessing even if he is in middle of a verse of Shema.

Middle of verse:[44] Whenever one may stop to answer a Davar Shebekedusha, one may do so even in middle of a verse. Nonetheless, it is initially best for one to wait at the end of an episode in the verse, and then answer if possible, in order not to make an interval in middle of an episode. For example, in the verse of Visamtem one can stop between the words Nafshichem and Ukishartem, which is a different topic, however one should not stop between the words leading up to Nafshichem being that this is all a single topic. Nonetheless, if one is unable to arrange to answer between the two topics in a single verse, then he may answer even the middle of a single topic. Nonetheless, in such a case one should restart from the beginning of that verse.

By end of blessing:[45] Whenever one stops to answer a Davar Shebekedusha right before the concluding blessing of a paragraph, such as right before the words Baruch Ata Hashem, then one is to go back to the start of that topic and restart from one or two verses prior to the concluding sentence. For example, in the blessing of Maariv Aravim one should restart from the verse of Borei Yim Valayla, while in the blessing of Ahavas Olam one should restart from the verse of Ki Heim Chayeinu.

Heard Shema:[46] If one heard the congregation reciting the Shema while he is in middle of Birchas Shema, then he is not to stop to recite the words of Shema. Rather, he is to read whatever he is up to in the same Niggun as the Shema is recited by the congregation [and should cover his eyes while doing so[47]].

Asher Yatzar:[48] One may not recite Asher Yatzar in middle of the Shema or Birchas Shema.

Interval in sentence of Shema and Baruch Sheim:[49] One may not make an interval in the middle of saying the Pasuk of Shema or Baruch Sheim for any matter, including any Davar Shebekedusha. This applies likewise between the verse of Shema and Baruch Sheim. Thus, from the first word of Shema one may not make an interval until one finishes the verse of Baruch Sheim Kevod Malchuso.

Interval between Elokeichem and Emes:[50] One may not make an interval for any matter between the words Hashem Elokeichem and Emes.

1. A long Hefsek-From where to restart the Shema or blessings of Shema if one made a long interval in the middle:[51]

Not due to a Halachic impediment: If one stopped in middle of the reading of the Shema or the reading of Birchas Shema, then so long as this stop was not due to a Halachic prohibition which forbade him from continuing his Davening [i.e. one using the bathroom or due to the finding of feces in the vicinity], then he is to continue from wherever he left off. This applies even if much time passed in between, including if enough time has passed for him to have recited the entire Shema in the interim. This applies even if one transgressed and talked in between for the amount of time it takes to say the entire Shema, nevertheless, he does not need to restart from the beginning. Certainly, this applies by a silent interval, that he is to restart from where he left off.

Due to a Halachic impediment: If, however, one stopped his prayer due to a Halachic impediment which prohibits him from Davening, such as if he had to go to the bathroom, or he found feces in the area that he was praying, then if the interval was long enough for the individual to be able to read the entire Shema within the interim, or if he was holding by the Shema blessings and the interval was long enough to recite the entire blessing, then he is required to repeat from the beginning of the Shema, or from the beginning of that blessing of Birchas Shema if that is where he is holding in prayer.

C. Definition of Bein Haperakim:[52]

Bein Haperakim, between the chapters, is defined as follows:

1. Between Hamaariv Aravim and Ahavas Olam.
2. Between Oheiv Amo Yisrael and Shema.
3. Between Uvisharecha and Vehaya Im Shamoa.
4. Between Al Haretz and Vayomer.

12. Davening Shemoneh Esrei together with the Minyan:[53]

A. Davening Shemoneh Esrei together with the Minyan:[54]

The main aspect of Davening with a Minyan is to begin Shemoneh Esrei together with the Minyan at exactly the same time. Accordingly, one should begin Davening Shemoneh Esrei of Maariv together with the Minyan.[55] If the Minyan already began Shemoneh Esrei, then one may begin Shemoneh Esrei right away. If, however, one will not be able to finish Shemoneh Esrei prior to the Chazan reaching Kaddish after Shemoneh Esrei, then one should wait until after the Kaddish of after Shemoneh Esrei to begin his Shemoneh Esrei.

1. Lost Minyan in middle:[56]

Lost Minyan before Shemoneh Esrei: If there was a Minyan for the beginning of the prayer of Maariv and people left in middle hence causing them to lose the Minyan, then so long as there are six people remaining which is the majority of a Minyan, the Chazan may recite the half Kaddish prior to Shemoneh Esrei [however he may not say the Kaddish of after Shemoneh Esrei].

Lost Minyan after Shemoneh Esrei: If there was a Minyan for the beginning of the prayer of Shemoneh Esrei and people left in middle hence causing them to lose the Minyan, then so long as there are six people remaining which is the majority of a Minyan, the Chazan may recite the full Kaddish with Tiskabel after Shemoneh Esrei].

1. What is one to do if he arrived to Shul right before Shemoneh Esrei of Maariv?[57]

According to the letter of the law, one who arrives to Shul late for Maariv [and will not be able to attend another Minyan later] is to skip Shema and its blessings in order to begin Shemoneh Esrei together with the Minyan, and is to recite Shema with its blessings after Davening. However, according to Kabbalah, one is always to recite Maariv in its correct order, and so is the Chabad custom.

13. Last two people remaining in Shul after Maariv:[58]

In areas where people are fearful to walk alone, then the last two people remaining in Shul after Maariv may not leave each other, and hence if one of them has already completed his Shemoneh Esrei, there is an obligation for one to do a kindness to the remaining Davener and wait until his friend finishes Shemoneh Esrei prior to leaving the Shul, as his friend may fear going home alone. If, however, his friend is delayed in finishing his Shemoneh Esrei due to having arrived late to Shul, or due to adding additional prayers and supplications of his own, then there is no obligation for one to wait on his behalf, although it is considered an act of piety to do so.

14. How to Daven the Tashlumin?[59]

Making up Tashlumin of Mincha in Maariv: The Tashlumin of Shemoneh Esrei for a missed Mincha is prayed after Maariv Shemoneh Esrei, in close proximity to it. Prior to praying it, one is to repeat the recital of Ashreiy [stipulating that he is not reciting Ashreiy as an obligation but rather as a voluntary reading of verses from scripture], after which one is to begin his second Shemoneh Esrei as Tashlumin for Mincha. [If, however, one is Davening with a Minyan, then he is to delay Davening his Tashlumin Shemoneh Esrei until after all Kadeishim are completed, in which case Ashreiy is then to be repeated and then followed by Shemoneh Esrei of the Tashlumin.[60]]

Making up Tashlumin of Maariv in Shacharis: The Tashlumin of Shemoneh Esrei for a missed Maariv is prayed after Shachris Shemoneh Esrei, in close proximity to it. Prior to praying it, one is to recite Tachanun and Ashreiy, and is then to Daven his Tashlumin Shemoneh Esrei, prior to saying Lamnatzeiach and Uva Letziyon which is to be recited after he completes his Tashlumin Shemoneh Esrei. If, however, one is Davening with a Minyan, then he is to delay Davening his Tashlumin Shemoneh Esrei until after all the Kadeishim are completed, in which case Ashreiy is then to be repeated and is then followed by Shemoneh Esrei of the Tashlumin.

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[1] See Michaber 235-237; Ketzos Hashulchan 27; Shulchan Menachem 140-141; Ishei Yisrael 28; Tefila Kehilchasa 19

[2] See Admur 89:1; 106:2; Tur 235; Rambam Tefila 1:6

[3] See Admur 58:1

[4] See Admur 106:1-4 and 70:1-5; Kaf Hachaim 70 and 106; Piskeiy Teshuvos 70 and 106; Tefila Kehilchasa 1:8-35

[5] See Admur 70:1; M”B 70:2; Kaf Hachaim 70:1; Piskeiy Teshuvah 70:1;

[6] Admur 70:2

[7] Admur ibid “Erev Vaboker”; M”B 106:5; Salmas Chaim 36; Piskeiy Teshuvos 107:2 hat this refers to Maariv [and not Mincha], so is evident from both the wording and the fact Admur writes it prior to Boker.

[8] See Michaber 235:1; Ketzos Hashulchan 27:1, 3-4

[9] See Michaber and Rama 235:4; Rambam Tefila 3:6; M”B 235:34; Shaar Hatziyon 235:41; Kaf Hachaim 235:29-30; Ketzos Hashulchan 27:3; Piskeiy Teshuvos 235:11-12

[10] See Michaber and Rama 233:1; Mishneh Brachos 26a; Admur in Shut 7; 482:2; Admur 267 Kuntrus Achron 1; Ketzos Hashulchan 27:1, 3-4

[11] Michaber 235:1, based on Beis Yosef 235; Ketzos Hashulchan 27:4

[12] Tzemach Tzedek Chidushim Brachos 1:2; Ketzos Hashulchan 27 footnote 12; Gr”a in Maaseh Rav 65, brought in Biur Halacha 235 “Veim”

[13] See Admur 267:2; M”A 267:1; M”B 267:3; Biur Halacha 267:2 “Umiplag”; Piskeiy Teshuvos 267:2 footnote 19

[14] M”B 235:34; Rambam Tefila 3:6; Kaf Hachaim 235:25; See Shaar Hatziyon 235:42

Other opinions: Aruch Hashulchan 235:19; Hisorerus Teshuvah 1:113 [Daven Nedava]; See Maharil Diskin Kuntrus Achron 2:5-29; Piskeiy Teshuovs ibid

[15] See Michaber 235:2; Ketzos Hashulchan 27:2

[16] See M”A 235:4 and 431:4 and 692:7

[17] See M”A 235:4 and 431:4 and 692:7; Michaber 232:3 regarding Mincha and the same applies to Maariv; Piskeiy Teshuvos 232:5 Admur 286:3 and M”A 286:17 regarding Musaf; P”M 431 A”A 4 regarding Bedikas Chameitz, recorded also in Mishna Berurah 431:6.

[18] See Piskeiy Teshuvos 235:6-8 for above details as well as the laws of a shomer; Admur 431:11 that a shomer may not be involved in the Melacha; Sichas Lag Beomar 1944 Lekutei Deburim

[19] See Michaber 232; Ketzos Hashulchan 27:2

[20] M”B 333:16

[21] Ketzos Hashulchan 27:5

[22] See Admur 59:4 and 61:3; Sefer Haminhagim p. 48 [English]

[23] See Admur 69:4; Rama 133:1; Ketzos Hashulchan 24:10

[24] Ketzos Hashulchan 19:16 and 27:5 in name of Derech Chaim

[25] See Ketzos Hashulchan 27:5

[26] See Admur 123:3; Michaber 123:2; Yuma 53b; Leket Hakemach 123:2; Piskeiy Teshuvos 123:2 footnote 20;

[27] See Admur 59:1; Ketzos Hashulchan 19:8; 27:5

[28] Ketzos Hashulchan 19 footnote 23

[29] Derech Hachaim; Ketzos Hashulchan 19:8

[30] M”B; Ketzos Hashulchan 19:10; 27:5

[31] Chayeh Adam; Mishneh Berura; Ketzos Hashulchan 27:5 and footnote 19

[32] See Admur 59:4; 63:7; 64:4; 66:4; 183:14; Siddur Admur; Ketzos Hashulchan 19:1-3

[33] See M”A 236:1; Ketzos Hashulchan 27:5; Piskeiy Teshuvos 236:5

[34] Admur 183:14; Ketzos Hashulchan 19:21

[35] Ketzos Hashulchan 19:1

[36] See Admur 59:4 and 61:3; Sefer Haminhagim p. 48 [English]

[37] Ketzos Hashulchan 19:1

[38] See Admur 66:9; Siddur Admur; Ketzos Hashulchan 19:6; 27:5

[39] See Michaber 236:2; Piskeiy Teshuvos 236:5

[40] Siddur Admur

[41] See Elya Raba 65:13 and Chesed Lealafim 65 Hagah 115 [permits answering for Kaddish, Kedusha and Barch after Goal Yisrael of Maariv]; Piskeiy Teshuvos 236:5 permits all Amens

[42] Siddur Admur; Sefer Haminhagim p. 69 [English]; Rashal brought in Kaf Hachaim 236:16; Ketzos Hashulchan 27:5

Other opinions: Some Poskim rule Ya’aleh Veyavo may be announced prior to Shemoneh Esrei of Maariv, after Kaddish. It is not considered an interval being it is done for a need of the prayer. [Michaber 236:2 based on Rashba 293; Bach 236 [see Machatzis Hashekel ibid]; Levush; Abudarham; M”A 236:1; M”B 236:7; 422:1; Derech Hachaim 33:81] However prior to Shemoneh Esrei of Shacharis, it is forbidden according to all to announce Ya’aleh Veyavo. [Derech Hachaim ibid]

The reason behind the lenient opinion: As an interval which is done for the need of the prayer is not included in the prohibition against making a Hefsek. [Implication of Michaber ibid; Igros Moshe ibid regarding Pesukei Dezimra] Now, although the Rashba writes that it is allowed due to the fact that the Shemoneh Esrei of Maariv is voluntary [see M”A ibid in name of Rashba] nonetheless, this is not the main reason in the Rashba, and the main reason is as explained above, that the allowance is due to that it is being done for the sake of the prayer. [Machatzis Hashekel ibid that Bach argues and learns the main reason of Rashba is due to that it is for the need of prayer]

[43] Ketzos Hashulchan 19:2

[44] See Siddur Admur; Admur 66:4; Ketzos Hashulchan 19:1

[45] Ketzos Hashulchan 19:1

[46] Admur 65:2; Ketzos Hashulchan 19:3

[47] Kaf Hachaim 65:7

[48] Ketzos Hashulchan 19:3

[49] Admur 66:2; Ketzos Hashulchan 19:6

[50] Admur 66:7; Ketzos Hashulchan 19:6

[51] Admur 65:1; Ketzos Hashulchan 19:23

[52] See Admur 66:6; Ketzos Hashulchan 19:5

[53] See Ketzos Hashulchan 27:6

[54] See Michaber and Rama 109:1-2; Admur 109:1-4; Ketzos Hashulchan 22:15; 26:8

[55] Admur 109:4 and Peri Megadim Ashel Avraham 109:2; Levushei Serud 109

[56] See Admur 55:4; Ketzos Hashulchan 27:5

[57] See Michaber 236:3; Admur 111:4; Ketzos Hashulchan 27:6 and footnote 28; Piskeiy Teshuvos 236:9

[58] See Admur 90:16; Ketzos Hashulchan 27:7

[59] See Admur 108:5; Ketzos Hashulchan 28:2

[60] See Piskeiy Teshuvos 89:3