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Mincha / Mariv Questions (siman 235)

Question:
Two questions re people who daven Mincha followed by Mariv as it is widespread in many Kehillos Kedoshos in Europe (and as was the established Minhag) before Nacht (after Plag)

1. The main reason quoted in the MB why there is no issue of tarte de`sassre is because of the great tircha to gather men later again – what if there is anyway a Mariv bizmanoi does the kulloh still apply? Or since men are gathering anyway this chashash is obviously not a real concern.

2. The MB quotes acharanoinm that the issur of eating before Shema does not apply if one said it earlier although one was not yoitzey. What is the explanation for this and can one rely one this acc to the Rov?

Many thanks!

Answer:

1 The custom in many kehillos is to be lenient because of the difficulty in gathering and returning for Maariv. If there is a later Maariv and one can easily attend this would certainly be praiseworthy, as the issue of “tarti disatri” [praying 2 days prayers in one time span] still exists. However for those who have difficulty the earlier minyan may be attended.

Many people who can attend a later minyan often end up missing the later Maariv and sometimes missing Mariv with a minyan or davening at all. As such one should weigh carefully whether or not to pray at the earlier minyan.

2 Once one has fulfilled his obligation of Maariv and has a set time to repeat Krias Shma, before he goes to sleep, this would permit him to eat at this point, as we are not concerned he will miss any mitzva. One may rely on this opinion when necessary, as brought by the Mishna Brura. Many poskim recommend avoiding this when possible.

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