New York – Making an Early Shabbos – A Halachic Analysis

New York – In our shul, as in many places, throughout the summer they accept Shabbos early. They announce in shul that everyone should remember to recite the Shema once again after the z’man. But what about Kiddush? Many people make Kiddush before the sun even sets. Shouldn’t they have to make Kiddush again, at least after sunset?

There are a few underlying issues which we will touch upon briefly.

First Approach. There is something called tosefes Shabbos—adding onto Shabbos. There is a wide debate as to whether tosefes Shabbos is a biblical concept. If it is, then when you make Shabbos early, it is Shabbos from a biblical perspective too, and therefore there is no problem.

The Rosh (Psachim 10:2) and the Ohr Zaruah (Hilchos Erev Shabbos 14) hold that it is biblical, while the Rambam (Shabbos 29:11) holds that it is only rabbinic. The Mordechai (Megilah 2:798) holds a middle ground position that before Shabbos it is rabbinic but after Shabbos it is biblical.

The Mordechai cites this very concept you bring up as a proof that a rabbinic mitzvah can come and cause you to fulfill a biblical mitzvah! The Mordechai is clearly working with the notion that tosefes Shabbos is still the mechanism that allows one to fulfill the obligation, albeit, he holds that tosefes Shabbos is rabbinic.

Second Approach. We also find another approach in the Rambam itself (Shabbos 29:11). He writes, if we read him carefully, that the obligation of Kiddush, emanating from “Zachor es yom HaShabbos lekadsho”—remember the Shabbos to keep it holy—may even be fulfilled (get ready for this, I hope you are sitting down) slightly before Shabbos. Yes, that’s right. The Rambam writes that one fulfills the obligation of Kiddush—even before Shabbos—but only a short time before Shabbos.

Third Approach. There is another approach that we find in Tosfos, both in Brachos (27a “D’Rav”) and in Psachim (99a “Ad”). The Tosfos write that one fulfills the mitzvah of Kiddush when recited early, according to the position of Rabbi Yehudah. If we recall, there is a famous debate regarding the latest time one may daven Minchah and the earliest time one may daven Maariv (Mishnah in Brachos 26a). According to Rabbi Yehudah, we may only daven Minchah until plag haMinchah (10 and 3/4 hours of the day) and we may begin Maariv immediately after plag haMinchah. According to the Chachomim, we may daven Minchah until evening and we may only daven Maariv after evening—not before. How do we ultimately rule in the debate between Rabbi Yehudah and the Chachomim? We rule like either one of them, according to the Gemara—(but not both in the same day, as we will explain later).
According to the simple reading of Tosfos, it seems that early Kiddush on Friday night is only according to Rabbi Yehudah and not the Chachomim.

Conclusion. There are three answers. The first is that tosefes Shabbos is biblical. The second is that the Rambam holds the mitzvah of Kiddush can be made even before biblical Shabbos. And the third is that it goes in accordance with Rabbi Yehudah and we may pasken like him. As far as these three answers, how do we pasken? The Mishnah Berurah paskens that tosefes Shabbos is deOraysa—biblical. So there would be no need to re-recite the Kiddush.

Davening Early In General:
Regarding the debate we have just mentioned between Rav Yehudah and the Chachomim, the Gemara tells us that one may choose either opinion.

Most Rishonim understand the Gemara that we cannot be inconsistent. We cannot do a tartei d’sasrei—an internal contradiction—by ruling like both opinions in the same day. We cannot daven Minchah after plag in accordance with the Chachomim and then daven Maariv before evening like Rabbi Yehudah.

Some people are careful to always daven in accordance with the Chachomim. However, the Magen Avraham points out that on Shabbos one may daven earlier like the opinion of Rabbi Yehudah because there is a mitzvah to add onto Shabbos from the week. One should be careful, however, to daven Minchah before the plag. The Mishnah Berurah (267:3) cites the opinion of the Derech HaChaim that when dealing with a tzibbur one may be lenient and daven Maariv while it is yet day even though one has davened Minchah after the plag. The Mishnah Berurah, however, rejects this position (in both the Mishnah Berurah and the Biur Halacha). He writes that it would only be permitted b’shaas hadchak—when one is in a bind and even then Maariv must only be said during bein hashemashos at the earliest.

It is interesting to note that numerous shuls, for some reason, are going with the Derech HaChaim during these summer months rather than the Mishnah Berurah. Since regarding all other issues we generally rule like the Mishnah Berurah, a question arises: How can they do this?

One rationale perhaps is that they feel that they are not really arguing with the Mishnah Berurah. Firstly, the shuls that do it feel bad about it. The reason they are lenient is because people do not want to start the Friday evening meal so late. It may take away from their oneg Shabbos. Rashi in Yevamos (93a) writes that oneg Shabbos is a biblical obligation, as does the Rashba both on Yevamos and in his responsa (1:127). The Rivash (Responsa 513) also rules that it is biblical. Even though the Rambam (Shabbos 36:1) holds that it is only rabbinic, the views of the other Rishonim may make it fit into the criterion of sha’as hadchak. It could be that in Europe, from an economical and logistical point of view, it was not viewed as oneg Shabbos to accept Shabbos earlier.

But what about the Maariv part during bein hashemashos? Many of those shuls that make early Shabbos and are not careful to daven Minchah before the plag still do not daven Maariv during bein hashemashos. How can they do this? Perhaps they may rely on a number of factors:

1. The first Tosfos in Brachos, “VeAimasai” as well as the Rashba there, seem to hold that one is permitted to do an action that contains the internal contradiction in regard to tefillah. Even though this position is rejected by the Mishnah Berurah (MB 233: and 235), this view may be perhaps used in conjunction with other views.

2. It could be that the aforementioned ruling of tosefes Shabbos being a biblical concept may change the issue of Maariv and allow it to be recited early.

3. It could be that we may accept the view of the Derech HaChaim on account of the shaas hadchak.

This is not to suggest that a shul should do this ideally, it is just to provide a limud z’chus for those that do it.

It should also be noted that there are two ways to calculate the plag Minchah. According to the Gra, plag haMinchah is calculated as 10 and 3/4 hours between sunrise and sunset. According to the Magen Avraham, it is calculated as 10 and 3/4 hours between dawn and when the stars come out. When I posed the question to Rav Dovid Feinstein a number of years ago, he suggested that a shul may use either plag Minchah and it would not be considered tartei d’sasrei, an internal contradiction.

The author can be reached at [email protected].