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In the beginning of this week’s parshah, Parshas Vayeitzei, the Torah writes about Yaakov Avinu’s departure from his father’s house in Be’er Sheva. The pasuk says, “Vayifga bamakom – and he met the place.” This pasuk carries many deeper levels of understanding aside from the pashut p’shat.

Rashi explains that the “place” that the pasuk is referring to is Har Hamoriah. The Gemara in Chullin 91b explains that Yaakov had actually passed Har Hamoriah and reached Charan. However he then realized that he had passed Har Hamoriah and turned around to go back. At that point Hashem lifted the mountain and brought it to Yaakov; hence the wording “and he met the place.”

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The Gemara in Berachos 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 reshus (voluntary). Tosfos (Berachos 26a) points out that one may not decide not to daven Ma’ariv unless there is an adequate reason, i.e. another time-sensitive mitzvah.

Rashi in Shabbos 9b writes that the reason why the tefillah of Ma’ariv is a reshus is because it was instituted corresponding to the burning of the eimurim from the korbanos – which was performed at night. The burning of the eimurim was not me’akev (if it was not brought the korban would still be valid).

The Netziv (Hemek Shela 8:1) writes that the Gemara in Berachos 26b brings a dispute regarding the origin of our obligation to daven. According to one opinion the Avos where misaken the tefillos. And according to another opinion tefillah was instituted to correspond to the korbanos. If Ma’ariv is only considered optional because it corresponds to the eimurim, then according to the opinion that Yaakov Avinu instituted Ma’ariv,it should be mandatory.

However, it is evident from Tosafos and the Rosh in Shabbos that even according to the opinion that Yaakov instituted Ma’ariv, it is nevertheless voluntary.

Tosafos in Brachos 4b asks if Ma’ariv is voluntary why does the Gemara require that we should be someich ge’ulah l’tefillah (recite Shema right before Shemoneh Esrei)? Tosafos answers that even though Ma’ariv is voluntary when one is davening Ma’ariv he must be someich ge’ulah l’tefillah.

The Netziv in Meishiv Davar (1:12) explains this Tosafos: Every tefillah requires that one recite Shema before it. Therefore, even if one need not daven Ma’ariv if he is davening it he must recite Shema before hand.

The Steipler Gaon, zt”l, (K’hilos Yaakov, Berachos 2) asks on this explanation the following question: Why is there not an obligation to recite Shema before Minchah? Doesn’t every tefillah require that one recite Shema before it?

He answers based on the opinion of the Shagas Aryeh (3) that one needs to be someich ge’ulah l’tefillah only during a time of ge’ulah. Since the ge’ulah of Mitzrayim occurred during the night and the following morning, we need be someich ge’ulah l’tefillah only during those times, and not during Minchah.

This explanation does not resolve why we do not have to be someich ge’ulah l’tefillah before tefillas Musaf.

Some have suggested that the source that we must be someich ge’ulah l’tefillah is derived from pesukim that discuss asking Hashem for bakashos. Therefore, in a tefillah that we do not ask for bakashos, such as Musaf, there is no need to be someich ge’ulah l’tefillah.

This is also the reason why according to some, one need not be someich ge’ulah l’tefillah on Shabbos. Since on Shabbos we do not ask bakashos, that type of tefillah is not required to be preceded by Shema. (The halachah is that on Shabbos we are required to be someich ge’ulah l’tefillah.)

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Rabbi Fuchs learned in Yeshivas Toras Moshe, where he became a close talmid of Rav Michel Shurkin, shlit”a. While he was there he received semicha from Rav Zalman Nechemia Goldberg, shlit”a. He then learned in Mirrer Yeshiva in Brooklyn, and became a close talmid of Rav Shmuel Berenbaum, zt”l. Rabbi Fuchs received semicha from the Mirrer Yeshiva as well. After Rav Shmuel’s petira Rabbi Fuchs learned in Bais Hatalmud Kollel for six years. He is currently a Shoel Umaishiv in Yeshivas Beis Meir in Lakewood, and a Torah editor and weekly columnist at The Jewish Press.