Rambam Laws of Prayer Chapter 3 — Times of Prayer

Introduction

Says the holy Rambam, Laws of Prayer Chapter 3. This is the donation of the righteous rabbi, the wise one, the generous one, the donor, R’ Yoel, may he be healthy, R’ Yoel Wertzberger. I should know, the titles are according to how much one pays. But further… it was the great righteous gaon, the great gaon. In any case, to figure out outside what one needs to do, and whoever dedicates a shiur, it’s a segulah that it should be able to drag along that shiur, that shiur, one chapter of Rambam, 500 dollars, whoever wants to dedicate, can write in, send a link or a message, and we’ll announce it at the beginning of the shiur, and one will go to a bright Gan Eden. Okay.

The times of prayer, yes… very good.

We learned in Chapter 1, yes, that there is… that is also essentially times, and one must pray three times a day. There are two things, that also mentioned approximately the times, but… we should say that the Sages established both a certain amount of prayers a day, and also that the prayers should belong in a certain time, and now we’re going to learn precisely which time is the subject.

Halacha 1 — Time of Shacharit Prayer

The Rambam says, the morning prayers, and the Mincha prayer? Or, we’re going to see the times of each prayer! Shacharit when is it… One should begin to pray at sunrise. It’s a mitzvah… like the Laws of Reciting Shema, he said… ah, very good something like that… one should a bit before sunrise, yes? Reciting Shema. Reciting Shema one should finish at sunrise. So Reciting Shema should be a bit at dawn. And prayer comes right after that, the Rambam doesn’t yet mention the matter of juxtaposing redemption to prayer, later he’ll mention it. It has a bit after Reciting Shema comes the prayer of the morning. When is sunrise? Until when is the time? Until the end of the fourth hour, until the end of the fourth hour. It’s also in the Rambam’s mitzvot, which means the mitzvah ideally is to pray at sunrise, and the time is until the end of the fourth hour. The third hour of the day.

Vatikin — The Baal Shem Tov’s Approach

It’s a great matter to pray in the morning, vatikin. The Gemara calls it vatikin, the Rambam doesn’t bring this language. But this is the essential mitzvah of prayer, to pray at sunrise. And if one doesn’t have time then, one can say Avinu, as they learned earlier.

And this is the question, whether to finish Avinu at sunrise or the longer prayer later? Ah, the essential thing is the time. The essential thing is the time. So presumably the essential thing is the time, to give to the time. But perhaps there’s a leniency that one can forgo when one catches at night, and one can say Avinu, or one can say it later. Nu, ask a rabbi what is better.

The Baal Shem Tov said that one must pray in the morning, because the later the day becomes, yes, the city becomes full of foolishness. In today’s times there’s 24/7 foolishness, perhaps it doesn’t matter, I don’t know. Perhaps only in the Baal Shem Tov’s times there wasn’t yet foolishness in the morning.

Alright. The Baal Shem Tov also said that one must even pray individually as vatikin, he preferred it, he said that it’s better.

Reward of a Mitzvah is a Mitzvah — The First Thoughts of the Morning

Now, I think that what one must begin the day with Reciting Shema and with prayer is very connected with what you spoke about, that the reward of a mitzvah is a mitzvah according to the Rambam, that when a person… that is, the first thoughts of the morning turn the cycle for the whole day. Because what you think in the morning, you have the most chances that it will copy itself again and again, because prayers copy themselves. You think of something, there’s a trick for visiting the sick, one goes to visit someone, it just comes to you again to visit the sick. So in the morning you think of the Almighty, you say Shema Yisrael, later when you see a Jew, it will just come into your head Shema Yisrael.

It Begins When One Stands Up

It’s also very different, we who are accustomed that one prepares for prayer, we’ll soon see the laws that one must prepare, the Rambam will bring it in Chapter 5 I think. But the mitzvah of prayer, it begins when one stands up, okay, one was already in the mikveh, whatever, if one needs to, one has already done all the preparations, but it begins, it’s a great thing.

If One Passed and Prayed After Four Hours

He says, and if one passed and prayed after four until midday, after four hours, until from four hours, let’s say, from ten o’clock until twelve o’clock like that, yes, from four until midday, which is midday until six hours, one has fulfilled the obligation of prayer, he was indeed fulfilling the obligation of prayer, but one has not fulfilled the obligation of prayer in its time, but the mitzvah of prayer in its time is until four hours.

What does the obligation of prayer mean? The Torah obligation of prayer? Prayer from the Torah is obviously that he fulfilled. The obligation of prayer also means rabbinic prayer. There’s such a thing called Shacharit. Shacharit in its time means until four hours, and Shacharit not in its time means until midday. Because no, you can pray the whole day, there’s Mincha, there are such things.

I perhaps said a bit in my language, that the opinion is that when they established three times a day to pray, they said that the first should be until midday. Afterwards when they established clearer times, they made it that it should be until ten, which is four.

Just as the Mitzvah of Prayer is from the Torah, So Too is it a Mitzvah from Their Words

The Rambam says, just as the mitzvah of prayer is from the Torah, so too is it a mitzvah from their words to pray it in its time that the Sages and Prophets established for it. There are two things in prayer: there’s a part that’s from the Torah, and there’s a part that’s rabbinic. Both are mitzvot. He wants to bring out, how can it be that one hasn’t fulfilled the obligation of prayer? He prayed to you, Almighty, what did he do? But the explanation is, just as there’s a mitzvah from the Torah to pray, there’s a mitzvah rabbinically to pray at the right time. What happened to my video? Why did it run away? What exploded?

And they learned what? That there’s a mitzvah to pray in its time. Good.

Discussion — What Does “Just as… So Too” Mean?

He says, I’ve already hinted. He’s going to learn when is the time of Mincha. He says, they already learned. Ah, this is interesting. Here the question is, why does the Rambam say I’ve already hinted? I need to make a list of what he already said. Why does he say I’ve already hinted? He already told me. Interesting. What did he already say? Yes? Mincha prayer. Yes, you see it? Should you say?

I’m still a bit pondering on this when the Rambam says just as… so too is it a mitzvah. Does he mean to say that it’s something of an essence? To say that the obligation is the same importance as the essential mitzvah of prayer? You shouldn’t think that the Sages… it’s only some recommendation, or it’s only a beautification in the essential mitzvah of prayer. As if, you might think like this that the essential mitzvah of prayer from the Torah is once a day, a person could think that there’s once a day, one can fulfill with once a day, and there’s a recommendation from the Sages to pray three times. He says, no, as if the obligation is the three. It means, if someone only prayed Shacharit, did he also not… what, did he not fulfill anything rabbinically? He fulfilled a Torah mitzvah of prayer, and he fulfilled a third of the rabbinic mitzvah. As if, I’m saying, something must be in the “just as,” that the Rambam means more than you’re just saying that they added a rabbinic mitzvah.

I mean, I feel that he wants to bring out, what does “hasn’t fulfilled” mean? Because “hasn’t fulfilled” is strange. I think, let’s say, he’s presumably not fulfilling. He explains, there’s an extra mitzvah. If someone would make a list, the Rambam doesn’t make a list of rabbinic mitzvot, but if he would make a list of rabbinic mitzvot, there would be one positive Torah commandment to pray each day, and one positive rabbinic commandment to pray at the time they established.

I mean to ask, is this more London language? Later he says, if one doesn’t do it in the manner that the Sages set it up, one can say that rabbinically one didn’t at all… as long as one didn’t pray three times a day, one didn’t do the Torah mitzvah in the manner that the Sages set it up. Is this what he means by “just as”?

It could be a practical difference, as you say, in Choshen Mishpat, whether one can say that one hasn’t fulfilled such things. But I don’t believe what it would mean to say that one hasn’t fulfilled prayer. Let’s say, for example, it could be relevant, let’s say, one wants to make a doubt, some law in doubt. Is to say that one must be stringent even on a doubt whether one prayed the three prayers of the day? It’s certain that not. One says that doubt is not, rabbinic doubt is lenient. But I’m saying, if this is the only way to fulfill the Torah obligation, because one cannot deviate from the formula the Sages coined… Yes, but one doesn’t say so. The deed stands explicitly, the commentators saw, the commentators even on the blessings of Reciting Shema, the commentators that it means rabbinically regarding doubt.

I need to think about the “just as.” Although he added, he added the Sages and Prophets. One notices that he adds Prophets too. Prophets come in. He means to say the future prophets of the Men of the Great Assembly who would establish, but he wants to seemingly give it importance. This is what he seemingly wants to say. He wants to give it importance that it’s not just Sages, also Prophets. Perhaps according to Kabbalah it means that one can receive better in the prophecy of prayer when one prays it in its time. Who knows already.

Halacha 2 — Time of Mincha Prayer

The early Sages said that Mincha prayer corresponding to the time of the daily afternoon offering they established its time. Ah, so they established the time of Mincha prayer at the time of the daily afternoon offering. Ah, this is the time. Perhaps he’s now coming to the afternoon. And every day whenever one wants. The morning daily offering they made… the afternoon daily offering. Whenever one wants from the end of the day. The morning daily offering is essentially also seemingly, they offered it from sunrise until midday approximately.

Discussion — Why by Shacharit Didn’t He Say Corresponding to the Morning Daily Offering?

But why by Shacharit didn’t he say that then the Mincha is the time of the morning daily offering? Okay. Did he start with Maariv? No, he didn’t say that it’s the time of Shacharit. Mincha prayer corresponding to the time of the daily afternoon offering they established its time, and the measure of the daily offering was sacrificed. There’s a thing, I heard that the Rambam holds that the first morning prayer is not about then is the morning Mincha, but it has to do with sunrise. Like Rabbi Achinu Shimon is brought in Ein Yaakov. When did they sacrifice the morning daily offering? Did it have to be after sunrise? I don’t know. I think it’s the same law. Because it says facing east, and the Rambam says yes, then is already… he brings it. I don’t remember exactly now. There’s a Gemara in Yoma page 28. I don’t remember exactly the times. I don’t know.

Mincha Gedolah

Nine and a half hours from the beginning of the day. It means a bit late afternoon. And this is called Mincha Gedolah. The Rambam says, and because on the eve of Passover that falls on the eve of Shabbat, they slaughtered the daily offering… there were times when they slaughtered the daily offering earlier. When the Talmud asks about the eve of Passover that falls on Shabbat, when one can no longer slaughter, one can no longer do any sacrificial service when it becomes Shabbat, and one must fit in very many Passover offerings, they slaughtered at six and a half. The explanation is, when it’s not the eve of Shabbat, there’s still a bit of time, because one can still

Halacha 2 (Continued) — Time of Mincha Prayer: Mincha Gedolah and Mincha Ketanah

Speaker 1:

You see yes exactly, it says yes in the Gemara both come against. It’s interesting that the Rambam says there only sunrise. Perhaps because the standing causes. I don’t know.

Because on the eve of Passover… he said that one must pray two Minchas, this is the main point. The main point is that Mincha was the time nine and a half hours from the beginning of the day, it means a bit late afternoon, and this is called Mincha Ketanah. Because… the Rambam says, because on the eve of Passover that falls on the eve of Shabbat, they slaughtered the daily offering… there were times when they slaughtered the daily offering earlier. What does this mean? When the afternoon daily offering of the eve of Passover which is also the eve of Shabbat, when one can no longer do any sacrificial service when it becomes Shabbat, and one must fit in very many Passover offerings, they slaughtered at six and a half. This is when it’s not the eve of Shabbat there’s still a bit of time because one can still do certain labors into the holiday, but the eve of Shabbat there’s less time, so they gave two hours. They said that one who prays after six and a half has fulfilled, because there are days when then they already slaughter the afternoon daily offering, one can already therefore reckon that this is also called the time of the afternoon daily offering. The afternoon daily offering is at least not invalid then, they do it when necessary. Therefore they said that one who prays after six and a half has fulfilled, after six and a half hours of the day, it means already early afternoon. And from this time has arrived the time of its obligation, when the time has come, it means also more obligatory. Just as for example a person won’t be available after nine and a half, his time is when he must… when he’s already obligated in the matter, just as there’s a matter for example that one shouldn’t do any fixed thing before one prays, is from six and a half. This is called Mincha Gedolah. Simply to make a greater, longer time. Yes, from six and a half until night, instead of only from nine and a half until night. Right?

Speaker 2:

Yes.

Discussion: Why Are There Two Times for Mincha?

Speaker 1:

This is the secret of two Minchas. Why are there two times for Mincha? There aren’t two times for Shacharit. That is, technically yes there are, there’s until 4 hours, afterwards there’s until midday. And it’s also good seemingly for the same reasons, because post facto, ideally one must light the…

Speaker 2:

Yes, all three then have ideally and post facto. Like the first Mishnah of to distance a person from transgression, all three have ideally and post facto.

Speaker 1:

It’s not to distance, yes.

Speaker 2:

From Reciting Shema.

Speaker 1:

Right, but here it’s not to distance a person from transgression. Yes, that’s a different thing. It comes out that all three have ideally and post facto. Interesting, that by the time of prayer they inserted a mechanism of ideally and post facto.

Speaker 2:

What is this? This is a thing of every day. Many different situations occur, it’s hard to say that everyone must be.

Speaker 1:

Yes, it’s a small mini version of “corresponding to the forefathers they established them” the words of Torah, yes? You have an option here. Because you see the reason that doesn’t come at sunrise.

There are three levels. For Shacharit there are three levels, just like by Reciting Shema in the morning, three levels. Mincha, we’ll see, you’ll see why we learn two levels.

The Rema’s Custom of Two Minchas

Speaker 1:

Now, there’s an interesting custom that the Rema knew, and he brings down, that there are too many prayers in a day. There were many Jews who held that there are too few prayers in a day. And they inserted a Mincha custom that one prays two Mincha prayers. Many people. That is, there are two Minchas, they thought a new interpretation, not the real interpretation, but two Minchas. Mincha Gedolah, and afterwards they pray Mincha Ketanah. Yes, the prayers, the people who love to pray, and they found an opportunity.

They prayed two. Then Mincha prayer became voluntary. Aha. The Rema says, “Some Geonim ruled that it’s not proper to pray voluntary except the large one.” That when one prays a voluntary prayer, the voluntary prayer should be at the later time.

Speaker 2:

The opposite, the earlier time.

Discussion: Which Mincha Should Be Voluntary and Which Obligatory?

Speaker 1:

The earlier time. So that what is the main time, then should be the main prayer. And Mincha Ketanah should be the voluntary one. It’s only an enactment that they saw that here there’s an opportunity on the eve of Passover, therefore they made that one can also then. The Kabbalists held that one must always pray the main prayer should be prayed when it’s the main time, and the voluntary one should be prayed in the large one. What’s the practical difference? One must add something by the voluntary prayer.

Speaker 2:

Against something that isn’t frequent every day. Ah, no, he also says that it fits very well the frequent time of the afternoon Mincha with the infrequent time of the afternoon Mincha. A voluntary prayer is a prayer from time to time, it doesn’t come with the same regularity. So then when it’s certain times, it could be like the eve of Passover. It could be the eve of Passover is only a… it shows the idea that one can do it early. Presumably throughout the year other reasons occur why one should make one’s own custom.

English Translation

Speaker 1:

Practically, in the Beit HaMikdash (Temple) there was indeed a machine, everything worked punctually there. There were no Hasidic stories there. Therefore, I say that when it says that one can do it on erev Pesach (Passover eve), it’s clear that it was established that this is the time, and we see that it’s permitted. But in practice, it was only done on erev Pesach, because then it’s not tadir (frequent). It doesn’t align with the regular frequent practice.

Speaker 2:

It’s not just erev Pesach, it’s also erev Pesach that falls on Shabbat. Yes, regular erev Pesach was a bit later. Therefore, I say that it appears to become something not tadir. So, there can be other reasons why it should be not tadir. I don’t know, the korban (sacrifice) became invalid for offering, whatever, there are presumably situations when… It happens, anything can be, I don’t know. But simply, therefore the prayer of…

Speaker 1:

Okay, okay, anyway, what you’re saying is a derash (homiletical interpretation), the simple peshat (plain meaning) of the Rambam is that therefore it’s less optimal. Optimally one should pray Mincha and Maariv close to Mincha time, and the normal time is Mincha Ketana. I understand what you’re saying, it’s a nice Torah thought, but I don’t know.

Speaker 2:

Corresponding to something that isn’t tadir every day. I agree, but Mincha Gedola is obligatory, and only at Mincha Gedola has one already prayed the obligatory prayer, “he should not pray the Ketana except as optional.” Yes, but one can’t do two. Okay. I don’t understand exactly what the difference is, but there is a difference. They learned earlier that for a voluntary prayer one must add something. But besides that I don’t know that there’s a difference. I mean in halacha there comes a big difference that when one must make Shabbat, one must complete the Mincha prayer. I’m talking about completion, completion is also such a law, that first one prays the prayer simply. Wait, let’s see. Yes, but what’s the difference? Okay, but here we’re talking about one person who prays two Minchas. He prays two Minchas, which should he make optional and which should he make obligatory. He says, that which is the optimal time, that should be the obligatory prayer.

Times of Mincha Gedola and Mincha Ketana

Speaker 1:

“And the Sages learned from here that the time of Mincha Gedola is from six and a half hours until nine and a half hours, and the time of Mincha Ketana is from nine and a half hours until there remains from the day an hour and a quarter.” Until there remains an hour and a quarter of the day. Ah, that means the end of Mincha also has two times. And then it becomes… That is plag hamincha, half of Mincha Gedola. That means Mincha Ketana means, says the Rambam, from nine and a half until another hour and a quarter in practice. Means nine and a half, ten and a half, yes? Yes. But until there remains from the day an hour and a quarter, until then one may pray Mincha. The optimal time. “And he has…” There’s another time “until the sun sets.” Well, there’s another opportunity until the sun sets. Very good. There are also basically three times, just as he said for Shacharit.

Halacha 5 — Time of Musaf Prayer

Speaker 1:

The Musaf prayer, now, when does one pray Musaf? We learned earlier about Musaf, what is the time of Musaf? “Its time is after the Shacharit prayer until seven hours of the day. One who prays after seven hours, even though he sinned,” yes, he sinned, he should have prayed Mincha before seven hours of the day, “but he fulfilled his obligation because its time is all day.” Poshe’a (sinner), he continues like that… There are perhaps different levels. But I say, interestingly he didn’t use the word poshe’a until here. Very good. Which appears that the previous level isn’t… Ah, by Musaf it’s more of a transgression. Wait, wait, perhaps poshe’a means literally, even if he did it deliberately. Things that one may only do like a makeup prayer. If someone was a poshe’a, not just negligent, says the Rambam, if I remember correctly, that one cannot make a makeup prayer. Or other things, one cannot… But here, even a poshe’a, even if he deliberately didn’t pray until seven hours, he may still pray Mincha afterward, because the essential time of Musaf is all day. But optimally one must pray it until seven hours.

Discussion: Poshe’a by Musaf and by Mincha Ketana

Speaker 2:

You say for example by Mincha Ketana, “and he has to pray it until the sun sets,” is even if someone deliberately delayed? There it’s something of a poshe’a, I don’t know. Because this is more important. Perhaps it’s an important thing to pray Musaf at the right time. No, that’s when one failed to bring the Musaf sacrifice. Perhaps after seven hours it’s no longer optimal to bring the Musaf sacrifice or something. One goes against the halacha. So it’s the same thing.

Halacha 6 — Time of Maariv Prayer

Speaker 1:

The Maariv prayer, evening, “even though it’s not obligatory,” the Rambam said earlier that this is a prayer that was added, it’s not from the essential halacha. One doesn’t have to pray it. It’s a voluntary prayer. But this prayer, it also has a time. “And he has to pray it from the beginning of the night until dawn rises.” Okay, so that’s a whole night. Here there are no levels. By Kriat Shema there were levels, but here there aren’t.

Discussion: The Language “Yesh Lo” and the Matter of After Midnight

Speaker 2:

What is Ne’ila? When is the time of Ne’ila? The language “yesh lo” (he has) earlier is also more post facto, he has like the right. Not “yesh lo” is this is his obligation. “Yesh lo” means he has a right to do. He doesn’t even say optimally, he doesn’t even say that it’s something else. He only says one can do it. And what’s the other option? One doesn’t have to pray at all. That’s the point. You don’t have to pray Maariv at all. You want to pray Maariv, a whole night you can pray. There’s a discussion about praying after midnight. Here is the matter about after midnight. But by Kriat Shema he said, he doesn’t say about Maariv. Not about prayer. But Kriat Shema one must… Ah, you mean the Shemoneh Esrei? What should be done? Later… What should the matter of “redemption adjacent to prayer” be? Now, until now we haven’t seen, we only have such a thing. Until now we’ve only learned essential laws, which are the laws that we’ve seen.

Halacha 6 (Continued) — Time of Ne’ila Prayer

Speaker 1:

The Ne’ila prayer, the Ne’ila of Yom Kippur or of a fast day, “its time is close to sunset.” Okay, that means when does one begin? A bit before… A bit before so that the end should be still before sunset. He says that one who prays a prayer before its time.

Summary: The Times of All Prayers

Speaker 1:

Okay, until now, let’s just make it clear. We’ve learned the times of Shacharit, Mincha, Maariv. Each one of them, or at least two of them, have three times. Shacharit, the mitzvah is to pray at sunrise. Post facto, if one didn’t pray, you see? Sorry, optimally one may, and afterward there’s a second let’s say

Review of Prayer Times

Speaker 1:

Okay, you know, when does one hold a bit before? A bit before so that the end should be still before sunset.

Says the Rambam: “One who prays a prayer before its time has not fulfilled his obligation.” Until now we’ve only learned, let’s just make it clear. We’ve learned the times of Shacharit, Mincha, Maariv. Each one of them has at least two of them have three times.

Shacharit, the mitzvah is to pray at sunrise, post facto after four hours. Sorry, post facto optimally one may still until four hours. Do you understand it that way? I don’t know what’s the correct precision, but in any case for Shacharit the mitzvah is from sunrise, the time is, the mitzvah time passes until four hours. One can pray until midday, but not fulfilling prayer in its time, fulfilling prayer not in its time. Right?

Mincha, its mitzvah is Mincha Ketana until plag hamincha. The Rambam rules this way, there’s a question whether this is the halacha, but this is how the Rambam rules. Yes, we don’t conduct ourselves this way, everyone conducts Mincha optimally later. But this is how the Rambam rules. And afterward there’s also Mincha Gedola which is its time, yes, post facto one can pray Mincha Gedola. And also Mincha Ketana has that one can pray later until sunset, not just until plag hamincha. Right? These are the three times that exist for Mincha.

Musaf we learned only one time until seven hours, but one can pray the whole day, even as a poshe’a. Maariv we learned only one time a whole night. Ne’ila also only one time until sunset.

Halacha 7: One Who Prays Before Its Time

Speaker 1:

And now we’re going to learn if one didn’t pray at its time. Right? What does one do? The Rambam: “One who prays a prayer before its time,” if one prayed too early. Yes, the Rambam holds that praying too early is worse than praying too late. Right? Because the time hasn’t come at all yet. “One who prays a prayer before its time,” here we’ve heard a rule of Shacharit Musaf, generally but “before its time,” that if he prays Mincha too early he hasn’t fulfilled. “He returns and prays it at its time.” That comes at its time, and now it’s preventing.

But Shacharit does have a time. The Mashgiach always used to say, you’re not punctual, that’s why you came a few minutes late, but why doesn’t it happen sometimes that you come a few minutes early? Yes. It’s not fair, when the time came it wasn’t yet born, it was still before its time, he hasn’t fulfilled his obligation. Now it’s post facto.

Shacharit in Emergency from Dawn

Speaker 1:

“And one prays the Shacharit prayer in emergency after dawn rises.” If one prayed the Shacharit prayer in emergency before its time. The essence of Shacharit is its time from sunrise, but post facto if one prayed from dawn one has fulfilled. Shacharit one can indeed pray, that means not exactly before its time. Yes, that’s apparently the word. Here also a bit, the same thing by Maariv, we’ll see. Here is a post facto before its time also, that means the time is a bit earlier also, yes.

Maariv of Erev Shabbat and Motzaei Shabbat

Speaker 1:

“And he has to pray the Maariv prayer of Shabbat night on erev Shabbat before the sun sets.” One may pray Maariv before sunset also. Erev Shabbat one can also pray Maariv before sunset. “Maariv of Motzaei Shabbat on Shabbat.” Apparently one shouldn’t fear that Shabbat becomes… Is it either the weekday or Shabbat Maariv one must be more careful about nightfall. And during the week it’s simply so, because one can pray Maariv early.

Ah, I meant the opposite, I meant that he says so because Shabbat is being made, that means, it happens because Shabbat is the issue. I meant that he says so because simply other nights are obvious, where there’s no question of which Shemoneh Esrei one should pray and the like. Here a person would think, it’s not yet Shabbat, how can you already pray the text of the prayer of Shabbat? The answer is that one can already accept Shabbat. No, the Rambam doesn’t say that one should already accept Shabbat now. He says now simply… But here there’s a problem, what does one pray? Which text does one pray? He doesn’t say here, he doesn’t say what one should pray. He doesn’t say that. Simply when he says Shabbat night, he means one prays the text of Shabbat.

But he says “and needless to say” other nights which is more obvious. Even Shabbat which is a bit complicated, because one moves a weekday prayer into Shabbat, it’s not the word about the text. He doesn’t say that in “needless to say,” he didn’t put that in. But he says it’s obvious.

“And similarly one prays Maariv of Motzaei Shabbat on Shabbat.” He grasps the first two things where there’s the whole matter is because Maariv is “not precise in its time,” one can pray earlier, one can pray later. Because by the Shacharit prayer, which is obligatory, its mitzvah is stated that one should do it at a certain time. The Maariv prayer is more flexible with time, therefore one can pray… This is the Rambam’s explanation. One can pray earlier, earlier than sunset.

But the Shacharit prayer is only in emergency after the east brightens. One cannot say that sunset is the same thing as after the east brightens. It’s already moved a few minutes from the ideal time.

Yes, but not clear that… By Maariv it’s less important to me. It is indeed only post facto, only in pressing circumstances for the same reason. This is the continuation, you’re learning the same continuation of the times of post facto.

Discussion: Vatikin by Maariv?

Speaker 2:

If yes, does it mean to say that there’s no concept of vatikin also regarding Maariv. If vatikin is that the matter of “doing a mitzvah at its time,” perhaps there is, it’s not a mitzvah. Only in the early morning, because rising early in the morning is indeed a mitzvah. It’s indeed a mitzvah, it’s indeed a mitzvah. Why shouldn’t there be a mitzvah? Because the whole thing is optional.

Speaker 1:

And in general, perhaps zerizin makdimin (the diligent are early) is indeed there. I don’t know.

The Yerushalmi says “it’s not precise in its time,” which is earlier, which is good. One should pray on time. “And if he prayed after sunset he has fulfilled.” This is the Rambam’s explanation of why one can pray erev Shabbat earlier. Because the whole thing is optional, one can do it even before that also. There are others who learn differently, that there’s a dispute of Rabbi Yehuda, okay, a whole thing. But this is the Rambam’s explanation.

Speaker 2:

One would say that it could be that there’s an extra thing, that when one wants and should do some mitzvah early is because it’s a battle against sleeping, against laziness. Yes, the Shulchan Aruch begins with that. He brings the verses in Proverbs. “And Abraham rose early in the morning,” also the whole thing of learning Torah, zerizin makdimin, “and they rose early in the morning.” One specifically wants to do a mitzvah. By Maariv when one is engaged in Torah it’s not only the matter of overcoming, that the whole reason why a person shouldn’t pray on time is because he’s sleeping.

Speaker 1:

Yes, but I haven’t seen that it should be the… I already know that the essential thing of praying Shacharit early is because one gets up. It’s true that one must get up, but it’s simply because it’s then an important time. Why shouldn’t one be able to say Maariv early? Because one doesn’t have time essentially, so it’s less important.

Halacha 8: Law of One Who Prays After Its Time

Deliberately Has No Makeup

Speaker 1:

Okay. However it is, first one must make such an order before its time, right? How one prays a prayer before its time, right? What is if someone prays after its time? This happens very little by Hasidic Jews, because as the Mashgiach used to say. But what is if after its time? “Anyone whose time of prayer has passed and he didn’t pray, if deliberately he has no remedy and has no makeup.”

Well, good. Deliberately, you specifically didn’t pray? Really, too bad, it’s over. You had an option of being forced, you could have something. One who doesn’t know is inadvertent, but… No, the word is, one cannot… I don’t know why you say inadvertent. What does deliberately mean? He refrained from praying? He did this deliberately? He was indeed past the time of prayer, not forgot, wasn’t forced, he simply didn’t pray. Okay, such a person, without him having a makeup. What is this a thing? He always had some reason.

I just want to understand what deliberately means here. Deliberately doesn’t mean to anger, deliberately doesn’t mean with contempt. Deliberately means he didn’t pray. Why didn’t he pray? He was too busy, he forgot. What does it mean, why? And what will happen? Now you have guilty feelings, you’re going to dig that you want to pray a makeup? Take from yourself, go find a rabbi, do teshuva (repentance), and start coming back to pray with all these things. What can he dig? He didn’t pray, he didn’t hold by praying earlier, now he wants to pray. I don’t understand why someone has a remedy, what prevents me that he should pray again? Makeup is such a thing.

Discussion: Difference Between Makeup and Voluntary Prayer

Speaker 2:

I also don’t understand what it means. In practice, a voluntary prayer one can anyway. I’m talking about his intention, he should believe. Everything is anyway a custom, right? All these laws are customs, it’s not simple that a court that obligates. It’s all things that are customs. One should believe that one fulfilled Shacharit. If he did it deliberately, he doesn’t believe that he fulfilled Shacharit, he must make a makeup. Does that mean the contradiction?

Speaker 1:

I just asked like that, right? One must understand the difference between a voluntary prayer and makeup. What is the difference between a voluntary prayer and makeup? What is the difference? If it was deliberate, and now he says, “Okay, I don’t have makeup, but I want to pray now a voluntary prayer.” If he didn’t have a need, he only had something else that’s called a voluntary prayer?

And makeup means that he had some thing called a need.

I had a thought, I’ll switch in my head, that I won’t think of makeup, I’ll think of voluntary prayer.

Speaker 2:

What’s the difference between the two? By voluntary prayer it says that one should add something. True, true, true. But also that is perhaps only optimally, I don’t know if it’s actually preventing. And if not, he must pray something, something I’m missing here in these laws.

Inadvertently or Under Duress — He Makes Up

English Translation

Speaker 1:

Okay, so he says, the Rambam, this is a Gemara, but it was stated as halacha (law), just as the Gemara says about this, he cannot pay. But if it was b’shogeg (unintentional), or it was an ones (unavoidable circumstance) or a ta’us (error), yes, he pays it back, meshalem (compensates). One who prays at the time of prayer adjacent to it, he is mashlem (makes up) that prayer at the next prayer time. Then he says mashlem, he pays back. What does he do? First he makes the later prayer, he says first the prayer that he is now obligated in, and afterwards he prays the tashlumim (makeup prayer). Afterwards he pays it back. Very good.

Law 9: Examples of Tashlumim

Speaker 1:

He explains, how? If one erred and did not pray Shacharis (morning prayer) until after midday has passed, until chatzos (midday) has passed, afterwards one can no longer pray, but he must pray Mincha (afternoon prayer) twice. The first is the current prayer that one is now obligated in, the prayer of Mincha, and the second is tashlumim for Shacharis.

If one erred and did not pray Mincha until the sun has set, until it has become completely night, he prays Maariv (evening prayer) twice, the first is Maariv, and the second is tashlumim for Mincha.

If one erred and did not pray Maariv until dawn has risen, he prays Shacharis twice, the first is Shacharis, and the second is tashlumim for Maariv. He says such a thing about Maariv, which is not an obligation, and we immediately say tashlumim. Very good.

Law 10: Missed Two Prayers

Speaker 1:

If one erred and did not pray neither this prayer nor the prayer adjacent to it, so he thinks, that now a person can have the ability and think, “I have accumulated tashlumim to make.” He says, “No, my dear one, one only makes up the last one alone.” One can only pray one prayer of tashlumim adjacent to the next one. One cannot drag debts from three prayers. So, if one erred and did not pray Shacharis and not Mincha, he prays Maariv twice, one doesn’t need three. Seemingly tashlumim for Mincha, but for Shacharis one tashlumim, it is already avar yomo (its day has passed), its day has already passed and one can no longer be mashlem.

The Rama says that he doesn’t agree, he sees that he is the Rama presumably, but…

Law 10 (Continued) — Making Up Only the Last One

The Rambam says no, one makes up only the last one. He can only pray one prayer of tashlumim adjacent to the next one. One cannot drag debts from three prayers. So, if one erred and did not pray Shacharis, he prays Maariv twice. He doesn’t pray three. He prays Maariv and tashlumim for Mincha, but for Shacharis one tashlumim, it is already avar yomo, its day has already passed, and one can no longer be mashlem.

The Objection of the Raavad – One Can Make Up More Than One Prayer

The Raavad says that he doesn’t agree, he sees that this is the Rambam’s opinion, but the Rambam has no proof. He doesn’t see anywhere in the Gemara like this. The Rambam understands that this means one can only be mashlem once. There were other chachmei Provence (sages of Provence), I thought here that by korbanos (sacrifices) it’s not like this.

Digression: Tashlumim by Korbanos

By korbanos, does one make up korbanos? The daily offerings of Shabbos on Shabbos, have no tashlumim. But no, I’m speaking of tashlumim after Yom Tov, there is the law of tashlumim, but one is mashlem the time. It’s called another thing, but it has no connection. But then one brings all the ways with the libations of the year, and indeed that is the time. After that, the time is to bring the libations on Atzeres, on Shavuos. But on the daily offerings of Shabbos on Shabbos, indeed, does tashlumim help? Or perhaps this never happened. By prayer they said that one can add tashlumim.

Continuation of the Raavad’s Objection

The Raavad however, may his sins be forgiven, that if one wants, he can be mashlem yes more than one prayer. That means, if there was an ones and the like, a person was in a hospital, I don’t know what, he couldn’t pray for half a year, it ends according to the Raavad, if he wants, he can now try the six hundred Minchas and the six hundred Shemoneh Esreis, one for each day that he missed. The Raavad says, he doesn’t rule neither prohibition nor permission, whoever wants can conduct himself this way. I don’t know what the Shulchan Aruch says.

And the Raavad says, he does agree with the Rambam that if one prayer time has already passed and he wasn’t mashlem, then he is already like one who nullifies intentionally, then he indeed cannot. But in general there were the chachmei Provence, the provinces where the Raavad lived, there they said that one can indeed be mashlem as many prayers, more than one prayer. They didn’t agree with the…

And they make a big thing, that each person should be mashlem there his hundreds of tashlumim that he has to do.

Why by Krias Shema There Is No Tashlumim

It’s interesting, for example by Krias Shema (recitation of the Shema) there is no law of tashlumim. A person missed the time of Krias Shema in the morning, he cannot now be mashlem, he cannot read Krias Shema twice at night. Something there is a law in the… something there is a… I don’t know what it has to do with this. Also the name “tashlumim” is called… it’s a name, I mean, that doesn’t exist in the language, but we use it in korbanos. Here there is tashlumim.

Speaker 2: Where does it say tashlumim in korbanos?

Speaker 1: I know what you mean. Seven days you shall eat matzos, it’s called by Chazal (our Sages) that one brings tashlumim from the festival offerings of Yom Tov. Tashlumim d’rishon, yes, there it says tashlumim d’rishon. Seven days, the seven days is a tashlumim, it’s called a tashlumim. The seven days of Yom Tov, true, the tashlumim d’rishon is a very good thing that you say, but then it’s different.

Tashlumim means one pays. Tashlumim means one pays, yes? Like one is not mashlem. So, what does one pay? He was obligated yesterday, he hasn’t yet come with his payment. He held himself for a debt until now, he was indebted, he was a debtor.

Speaker 2: So what is the payment?

Speaker 1: And also, he brings the Raavad… By Krias Shema there is no such law. There is such a law that has to do with the fact that prayer is a rabbinical enactment. From the Torah, why is there no law of tashlumim by Krias Shema? Because Krias Shema must be in the morning and at night, that morning and that night. By prayer, as you said, there is such a concept of three prayers a day, this is seemingly the point. Three prayers a day, there is a number of prayers is also a concept, many prayers. Besides the time there is also the number. If this is not… By Krias Shema there is also a number, that it should be twice, when you lie down and when you rise, but there isn’t the thing of a tashlumim.

Right, seemingly, seemingly that’s the point. He says that I’m just bringing like the Raavad, that if one wants, here if one makes it a nedava (voluntary offering), which he has a chiddush (novel idea) in nedava, because one is certainly obligated in tashlumim. Nedava one can, against, it’s a question of the minute, and he believes it’s tashlumim. But if in general, if one missed, one was in a situation where he couldn’t pray for a few weeks, or in general, I don’t know, ah, in the days of Ezra I don’t know, then he can make tashlumim even more than one prayer. The Shulchan Aruch says that one may do so, at least as a nedava, and on the side that the Rambam is right, it is his tashlumim.

Interesting fact, one must say to people, that if one wants very much, I don’t know, I once heard a rabbi say to me, destruction for the World to Come. He doesn’t say, the Rambam says that if one wants, he lets you. It’s not that he tells you to. It’s the opposite.

Why Tashlumim Only Works Adjacent to Prayer Time

No, and you need to think, why must one, why does tashlumim only work? Because he brings that tashlumim must be until prayer time, it cannot be just tashlumim. First one must pray, it becomes a reality, now there is prayer time. Afterwards, when the Almighty opens the gate of heaven is already open, one pushes in a few more prayers. So, they are an eis ratzon (favorable time). So, if a person has some good few minutes, he prays a few prayers to fulfill what he also didn’t pray earlier.

I’m still not understanding better the whole play, I understand that it’s good. But we finish one more law in this chapter.

Question: Tashlumim by Other Mitzvos

One must think why by Krias Shema there isn’t, and by other mitzvos where there isn’t. How does the Rambam bring meah brachos (one hundred blessings)? Does he say a tashlumim on that? One must say today, I say one hundred and fifty, but the one who is like the mountains of holiness. Okay. Must one be mashlem so many Kaddishes? One must think. Perhaps yes. Such matters for you. Such matters for you one can be mashlem. I don’t see what.

By the way, seemingly one must say mashlem. Mashlem means like one finishes, that’s what one pays back. Okay, now one more law.

Law 11 – Mincha Before Mussaf (Tadir and She’eino Tadir)

Seven hours that it’s midday even right after Shacharis. But when both are already obligatory, so one must do the regular Mincha after Mussaf. Not regular, the… because Mincha is now a greater obligation? It’s presumably yes because of all. Seemingly how Mincha has a time and Mussaf is indeed all day. So what is the difference?

Ah, the Rambam said that they are for everyone’s liking. And he said that Mincha is before Mussaf, why? Ah, tadir v’she’eino tadir (frequent and infrequent), tadir v’she’eino tadir, already, it says in the Gemara. Tadir v’she’eino tadir. The Rambam says, but yesh mi she’omer (there are those who say), yesh mi she’omer that we do in public so that they won’t err, because now people will think that Mincha comes before Mussaf.

The Practical Halachic Ruling

Yes, good, true, and what do we actually do? That means, we pray first Shacharis, or even just on Shabbos it can happen we pray Mussaf later, already at the time of Mincha, we don’t pray before Mincha. That means, we go with this yesh mi she’omer.

Yes, but as an individual one must indeed know, if one delayed praying and he comes to shul and it’s already, how is it called, well, they’re already praying Mincha, and he hasn’t yet prayed Mussaf of Shabbos, and they’re already praying Mincha in shul, he prays first Mincha, and afterwards Mussaf. Because truly Mincha is first. We don’t hold, we don’t stop. The individual seemingly holds this halacha.

Summary of Chapter 3

Okay, until here the laws of chapter 3. What is the law? We learned the times of prayers, when each prayer has its time, and also we learned the laws, first of all, they told us that all these prayer times are rabbinic, as you say that it’s built-in that you always the servant, there are such sorts of things, and also, what happens if one missed, what one missed? Also the prayer time, right? And the completion, seemingly, the payment helps for the prayer time. That’s how I would say the analysis.

The mitzvah of Krias Shema, yes, to is the time of Krias Shema, yes, did you also understand by Krias Shema the thing? Not mixed, close to Torah. But, yes, it’s a time, in Brachos it says that the time of prayer if one didn’t fulfill, yes?

Now here we learned, for example, that we pray Shacharis through four hours, we weren’t fulfilling the obligation of prayer at its time, we did fulfill the obligation of prayer, but we weren’t fulfilling the prayer at its time. And on this, and on the prayer at its time the Rambam says that it’s a mitzvah just as it is a mitzvah to pray in general. And on this one makes the completion somehow. On what does one make the completion? On the at its time, right? Because now one makes a prayer not at its time, but one pays back, something somehow pays it back. I don’t know how the paying back works.

An Analytical Question: What Is the Nature of Tashlumim?

No, indeed not so simple. No, seemingly I would say that when one makes completion my Mincha prayer is not fulfilled, but he goes the prayer, he goes that prayer. What does it mean he prays Mincha? With what is this Mincha? I don’t grasp what it means. With what is this Mincha?

One can think like this, one can think that there is an obligation that a person should pray three times a day, and Chazal placed the obligations with our times. So you missed the time, but you still have the obligation. Or one can say no, a person has an obligation to pray at the times.

Speaker 2: Yes, but understand, I’m telling you, but understand that the tashlumim also goes over days also.

Speaker 1: True, it happens that he prayed, and he prayed, and he prayed, and he prayed Maariv with the next Shacharis, yes. However you want to count the days. But the Rambam also says here until the next, it still goes until the next according to the Rambam.

Speaker 2: Okay, but the Rambam doesn’t simply hold that he will hold three prayers in the day, he will have one day two and one day four.

Speaker 1: So I don’t know how to make it work.

Until here chapter 3, it was a smaller chapter.