Parashat Vayetze: Ma'ariv (Evening Prayer) - Obligatory or Not?
The Weekly Mitzva
Yeshivat Har Etzion
PARASHAT
VAYEITZE
By Rav
Binyamin Tabory
Shiur
#07: Ma'ariv (Evening Prayer) - Obligatory or
Not?
On the way from Be'er Sheva to Charan, Yaakov reached what the Torah
describes simply as "the place."
(Rashi identifies it as
The Rambam (Hilkhot Tefilla 1:1 and Sefer Ha-mitzvot 4) maintains that
there is a biblical obligation to pray once daily. The Ramban (Notes to Sefer Ha-mitzvot 4)
disagrees and says that daily prayer is a Rabbinic requirement. The only biblical obligation of prayer
is at a time of crisis. Both the
Rambam and the Ramban agree that the requirement of praying THREE times daily is
merely a Rabbinic law.
The gemara (Berakhot 26b) cites the opinion of R. Yosi ben R. Chanina
that the three daily prayers were instituted by our Rabbis in accordance with
the prayers of our forefathers.
Avraham prayed and instituted shacharit, Yitzchak prayed and instituted
mincha and Yaakov prayed and instituted ma'ariv. On the other hand, R. Yehoshua ben Levi
says that our daily prayers were instituted to parallel the
The Rambam (ibid. 1:5-6) codifies the opinion that our prayers correspond
to the daily sacrifices. He adds
that the obligation of ma'ariv is not as stringent as that of shacharit and
mincha. Nevertheless, the custom of
all Jews worldwide is to pray ma'ariv, and it was therefore accepted as an
obligation.
If ma'ariv is derived from the burning of the sacrificial remains on the
altar, it stands to reason that ma'ariv is not obligatory. There is no requirement to have any
remainder from the sacrifices.
Inasmuch as this was not an obligation, it follows that ma'ariv should
not be regarded as stringent as the other prayers.
On the other hand, if ma'ariv was instituted by Yaakov, why should his
prayer be different than that of Avraham and Yitzchak? In fact, Tosafot (Yoma 87b) qualify the
nature of the ma'ariv obligation and employ this argument. They say that ma'ariv is not really
optional ("reshut"). Rather, it is
obligatory, but not as obligatory as shacharit or as mincha, and may be waived
under unusual circumstances (such as if there is a pressing mitzva to be
fulfilled). Proof of this can be
found by the fact that it was the prayer of Yaakov and therefore cannot be taken
lightly.
While Tosafot believe that ma'ariv is a basic obligation, they agree that
it is still less of an obligation than shacharit and mincha. We must understand why this prayer is
different.
Moreover, the Rambam, who said that ma'ariv is not as stringent as the
other prayers, also codified the fact that Yaakov prayed ma'ariv. He traced (Hilkhot Melakhim 9:1) the
development of six mitzvot given to Adam, the additional mitzva of Noach and the
additional mitzvot of Avraham, Yitzchak and Yaakov. The Or Same'ach (Hilkhot Tefilla 3:9)
explains that the Rambam codified thus in order to show that he feels our
prayers were instituted for both reasons.
The time constraints of prayer parallel the times of sacrifices, but the
basic obligation is also due to the prayer of our forefathers. Why, then, is the obligation of ma'ariv
not the same as the other prayers?
The Torah Temima (Bereishit 28:11) suggests an answer to this
question. He maintains that Yaakov
was not really obligated to pray ma'ariv.
In fact, the gemara (Eiruvin 65a) states that one need not pray while
traveling. What we would call today
"jet lag" would be a valid reason not to pray, as it would be difficult to have
the proper intention ("kavana") while praying. Most codifiers say that our kavana today
is not on such a high level at any time, and therefore we must pray under all
conditions. Inasmuch as Yaakov
himself was not obligated, the prayer he said was voluntary. It therefore follows, argues the Torah
Temima, that ma'ariv would never be obligatory.
Of course, the halakha nevertheless is codified that one must pray
ma'ariv. The requirement of
reciting Shema (and the berakhot before and after) is not in question here. The issue at stake here is only the
Amida, and that too is obligatory today because of the virtual acceptance of the
obligation (Rambam) or the qualification that it may be waived only under
extreme circumstances (Tosafot).
Our custom is that the chazan repeats the Amida at shacharit and mincha
but not at ma'ariv. The Rambam
(Hilkhot Tefilla 9:9) explains that since ma'ariv is not really obligatory,
there is no individual who must pray.
Therefore, not only is there no need to say the Amida for one who is
unable to do so himself (the usual rationale for the chazan's repetition of the
Amida), but it would constitute a "berakha le-vatala" - an unnecessary, wasteful
berakha.
In order to determine the proper time to pray ma'ariv, we would have to
take into account that Shema must be said at night (Mishna Berakhot 2a, Tosafot
and Rishonim ad loc.). The Amida
itself could be said at the time that the remains of the sacrifices would be on
the altar.
The Torah Temima (Vayikra 5:2) maintains that inasmuch as the remains
stayed on the altar all night, we may pray ma'ariv all night. Even though Chakhamim have generally
instituted that all nightly obligations be performed by halakhic midnight
("chatzot"), this did not apply to the remainder of sacrifices (as is evident in
the first mishna of Berakhot).
Therefore, it should not apply to ma'ariv as well.
If we follow the opinion that our prayer should correspond to Yaakov's,
we should determine when he actually prayed. Tosafot (Berakhot 26b) prove from the
gemara that Yaakov actually prayed before dark; therefore, they raise the
question of why the gemara assumes that one may pray only at nighttime. They respond that we follow the opinion
of R. Yehuda that one may pray earlier (at "pelag ha-mincha"), and that indeed
is preferable.
The mishna (Berahot 20a) says that women are obligated in prayer. Sefardi women, who follow the opinion of
the Rambam, may be obligated only in biblical prayer (once daily), whereas those
who follow Ramban and the other Rishonim would not distinguish between shacharit
and mincha (Mishna Berura 106, 2:4).
However, there is a controversy among the codifiers if a woman must pray
ma'ariv. The Mishna Berura (op.
cit.) says that women did not accept the obligation of ma'ariv and he observed
that most women do not pray ma'ariv.
The Arukh Ha-Shulchan (106:5) disagreed and said that according to the
Ashkenazi tradition, women should pray three daily
prayers.
The discussion
revolved only about the weekday obligation of ma'ariv. The question of ma'ariv on Shabbat, Yom
Tov or Motzaei Shabbat may be different, as special prayers are said
then.