In the beginning of this week’s parshah the Torah writes about Yaakov Avinu’s departure from his father’s house. The pasuk says, “Vayifga bamakom – and he met the place.” The Gemara in Brachos 26b explains that the word “vayifga” means to daven, and that it was at this point that Yaakov Avinu instituted the tefillah of Ma’ariv.
The Gemara in Berachos 27b says that although all of the tefillos are mandatory, the tefillah of Ma’ariv is rishus (voluntary). Tosafos (Brachos 26a) points out that one may not opt not to daven Ma’ariv unless there is an adequate reason, i.e. another time-sensitive mitzvah.
One scenario that this has a bearing on halacha described in the Gemara Berachos 21a. the Gemara discusses when one is in the middle of davening Shemoneh Esrei and realizes that he had already davened that tefillah. The Gemara says that he should stop davening immediately, even if he is in the middle of a brachah. Even though one may daven a tefillas nedavah (a voluntary tefillah) whenever he desires, he must stop in the middle since he initially began davening under the impression that the tefillah was obligatory. The Tosafos HaRash explains that just as there are no korbanos that are part obligatory and part voluntary, so too there cannot be a tefillah that is part obligatory and part voluntary.
Based on this, the Rambam (Hilchos Tefillah 10:6) revealed a tremendous chiddush. He said that the halachah that when one realizes in the middle of shemoneh esrei that he has already davened that tefillah – should not apply when the tefillah that one is davening is ma’ariv. The reason for this is that since the tefillah of ma’ariv is voluntary by nature, it can connect to a tefillas nedavah. Therefore, if one was in the middle of davening ma’ariv and realized that he had already davened ma’ariv, he may continue davening as a nedavah if he desires. Since both tefillos are voluntary, they should be able to connect as one voluntary tefillah.
The Raavad disagrees with this p’sak and, as explained by the Kesef Mishnah, argued that for many generations Klal Yisrael have accepted upon themselves an obligation to daven ma’ariv. Even the Rambam himself writes (Hilchos Tefillah 1:6) that all of Yisrael, wherever they are, have accepted to daven ma’ariv involuntarily. So how can the Rambam say that the tefillah of ma’ariv can connect with a tefillas nedavah – since they are both voluntary, when we treat it as an obligatory tefillah?
Rav Chaim Soloveitchik, zt’l, in his sefer on the Rambam, suggests the following approach: Although Klal Yisrael has accepted upon themselves to daven ma’ariv involuntarily, nevertheless the type of tefillah remains the same. Since the tefillah of ma’ariv was instituted as a voluntary tefillah, it remains that type of tefillah in its essence. In other words, one can have an obligation to daven a voluntary type of tefillah. The obligation to daven a particular tefillah does not affect the nature or the type of tefillah that it is in its essence. Therefore the tefillah of ma’ariv can connect with a tefillas nedavah since they are both voluntary tefillos in essence.
On the other hand, the Raavad believes that whether one is obligated to daven a certain tefillah will affect the type of tefillah that it is. Therefore since we have accepted upon ourselves to daven ma’ariv involuntarily, the tefillah becomes an obligatory tefillah and can no longer connect to a tefillas nedavah.
The Rambam (HilchosTefillah 1:10) writes that there are some gaonim who were of the opinion that one may not daven a tefillas nedavah on Shabbos since we do not bring a korban nedavah on Shabbos. The implication from the Rambam is that he agrees with this view. This, however, raises the following question: how can one daven ma’ariv on Shabbos if, according to the Rambam, it is a voluntary tefillah in essence?
I want to suggest that although ma’ariv is a voluntary tefillah in its essence, it differs from a nedavah. The similarity that ma’ariv shares with a tefillas nedavah is that they are both voluntary, and therefore they can be connected. However the Gemara in Brachos 26b says that all of the teffilos correspond to different korbanos – Shacharis corresponds to the tamid shel shachar, Minchah to the tamid shel bein ha’arbaim, and Ma’ariv to the aimurim of the korbanos, which even if they are not brought, the korban is effective. It is for this reason that Ma’ariv is a rishus.
Therefore, even though ma’ariv is voluntary, it corresponds to the aimurim, which are brought even on Shabbos. A korban nedavah, however, is not brought on Shabbos, and therefore one cannot daven a tefillas nedavah on Shabbos.
It would appear to me that the Rambam’s ruling that one may continue davening Ma’ariv even if he realizes that he has already done so does not apply on Shabbos. Since one cannot daven a tefillas nedavah on Shabbos, he cannot end the shemoneh esrei with a tefillas nedavah.
It should be noted that we do not pasken like the Rambam regarding this halachah rather each tefillah is treated equally and if one realizes in middle of davening any tiffela that he has already davened that tefillah he should stop.