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Author:  Aryeh Leib Perles
E-mail:  alperles@hotmail.com
Date:  9/11/2003 11:14:00 AM
Subject:  early Shabbos continued
Message:     I have spent many hours on the topic of early Shabbos, and if I'm proven wrong, I'll never again daven Maariv before sunset, but there are two distinct points that you must address to disprove me
1. The Mogen Avrohom in 233:1 letter 7, says that when there is an issue of tircha d'tziburah, tircha d'tziburah overrides tircha d'tziburah.
(True that the way the Mishna Berurah in 233:1: sif kotton 11, this is only permitted if tefillah b'tzibur is at stake because in 267:2 sif kotton gimel and Biur Halochoh D"H UVFLAG, the Chofetz Chaim finds it hard to follow the Derech Hachayim who allows tarti d'sosri on Fridays just because of tircha d'tziburah. The Mishna Berurah and Biur Halochoh conclude that the Derech Hachayim has no backing from the achronim (i.e. Mogen Avrohom), so we see that according to the Chofetz Chaim you need tefillah b'tzibur to be at stake. However, I don't know if all Poskim learn up the Mogen Avrohom the way the Chofetz Chaim does. Furthermore, the Oruch Hashulchan holds acoording to the Robonon (who hold Zman Mincha and Maariv are not dependent on Plag, rather on nightfall )one can daven Maariv after Plag.( Oruch Hashulchan (235:3)
   2. Even if we take the Mishna Berura's approach that tefillah b'tzibur must be at stake, FRIDAY NIGHT IS A DIFFERENT BALL GAME, AS THE MISHNA BERURAH SAYS EXPLICITLY IN 267:2 SIF KATAN 3.sincethere is a Mitzvah to add to Shabbos, one can and should daven Maariv before sunset for Tosefes Shabbos. Though the Mishna Berurah commends this ancient custom, which was common custom throughout the year even on the winter Shabbosos when Shabbos is very early, by the time of the Chofetz Chaim people were already accustomed to davening Minchah at the end of the day which is apparent in Biur Halochoh 263:4 D"H "V'gom Lo Y'ocher." So, you might quote Reb Moshe Feinstein in Igros Moshe: Orach Chayim 3, Siman 38, where he concludes that a woman is not bound by her husband's early acceptance of Shabbos since it is not done for Tosefes Shabbos, rather to eat dinner at a more civilized time ( since this is only done during the summer months). Even so, the Mishna Berurah brings down in 527:1 SIF KOTTON 3, to daven an early Maariv on Shabbos which follows Yom Tov so that if a perosn started cooking for Shabbos late in the day, all the food will be fully cooked bfore sunset (this sounds like 45 minutes to an hour before sunset to me), and it's not for the sake of Tosefes Shabbos either.
So, it's for a d'var Mitzvah! So, when a person wants to eat Friday night at 8:00 PM, instead of 9:30 PM, because it''s more convenient, it's Oneg Shabbos, which is also a D'var Mitzvah (even if you'll question the Tosefes Shabbos issue as does Reb Moshe ZT"L)
        Chazak U'baruch in advance!
   
Reply:  A lot of words, but what about the basic Halachah. The Rishonim and the Shulchan Aruch and the RAM"A and practically everyone else hold that you cannot change from night to night to pray one night Arbit before sunset and another night Mincha after Plag. It must be always like one. The fact that there is an opinion that allows it, does not make it the Halachah. Address this one point. Don't get caught up in a whole Chabura.
AA

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