Q. If one davens Maariv right after the Shekia, (sunset, at that time the arrival of night is still in doubt) can he make a T’nai (conditional statement) that he only wants to be yotze (comply) with Shema he is saying now, only if he forgets to read it later again when it is certainly night, otherwise he would prefer to be yotze later on when it is certainly night. Is that a correct condition to have in mind?
A. Horav Shlomo Miller’s Shlit’a opinion is that no conditional statement is necessary since it is anyway the reality of the situation of the time after the Shekia that is considered doubtful night or day. Therefore, if it was indeed still day he would not comply and the repetition is essential. However, if that time is already night he will not have to repeat.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller and Horav Aharon Miller Shlit’a