Q) Can I daven ma’ariv before night?
A)The Shulchan Aruch[1] brings two views regarding the time limit for davening Mincha: according to the Rabbonon the time limit is nightfall, and according to Rebbi Yehuda the time limit is plag hamincha (i.e. 1¼ variable hours before nightfall).
The Shulchan Aruch rules that either of these two opinions are completely acceptable to follow – but one must be consistent and always follow the same opinion. This means that one can choose to daven Mincha after plag hamincha (until nightfall) – but then one must only daven Ma’ariv after nightfall (in line with the view of Rabonon). Or, alternatively, one can choose to daven Ma’ariv from plag hamincha – but needs to ensure to daven Mincha before plag hamincha (in line with the view of Rebbi Yehuda).
The Mishna Berura[2] explains the Shulchan Aruch to mean that even on two separate days one needs to maintain consistency and follow only one of the two opinions, and one may not “pick and choose” and daven Mincha after plag hamincha on one day, and daven Ma’ariv before nightfall on another day (because this is considered as if one is following two conflicting opinions).
The Shulchan Aruch[3] continues that in an ex post facto situation, where one did in fact follow two conflicting opinions – he has fulfilled his obligation of tefilla. Also, if there are extenuating circumstances, one may choose to daven tarti d’sasri – l’chatchiloh. (Rav Mordechai Eliyahu maintained that the minhag of Sephardim is to daven b’tzibbur tarti d’sasri l’chatchiloh – even without extenuating circumstances).
The Mishna Berura[4] explains that the permissibility of the Shulchan Aruch (that one may l’chatchiloh daven tarti d’sasri) is referring to two separate days. On the same day however, despite extenuating circumstances one may not daven tarti d’sasri.
The Mishna Berura continues that this applies to an individual. However, regarding a tzibbur that has difficulty gathering a minyan for Ma’ariv we find various Acharonim who are lenient and allow a tzibur to daven Ma’ariv after Mincha [despite tarti d’sasri].
[1] או”ח רל”ג א’
[2] שם ס”ק ו’
[3] שם
[4] שם ס”ק י”א
.