It is brought down in the Zohar[1]that during the hours before sunrise there is ‘great mercy’ in the world, i.e. it is a time which is befitting for prayer. This is why the general custom is to recite the selichot during the second half of the night. The Rambam[2]too writes that the custom is to get up and pray until the sun rises[3].
According to all of the above one might think that it is merely preferable to say selichotafter midnight, but the Magen Avraham[4]and other codifiers believe that under no circumstances should selichot be recited before midnight. One of the main reasons for this is that it is not an appropriate time to be saying the 13 midot of rachamim.
On the other hand, we find that Rav Moshe Feinstein[5]rules that in certain situations selichotcan be said before midnight, as this custom is not mentioned in the Talmud. He believes this is permissible if by attempting to have selichot after midnight there is a chance that there will be no selichot at all.
R’ Moshe adds that if possible, the minyan should get together after the first third of the night[6] because according to the Shulchan Aruch[7] the change of watches[8]is a good time to pray. Currently[9],that is a few minutes before 11 pm (in Baltimore MD).
An interesting point to add is that Rabbi Ya’akov Natan Weissman writes in his book Machshavot B’eitza[10]that once it is past midnight in Israel it is an appropriate time for prayer all over the world. Other scholars[11]do not agree with this, but I still think that it is a nice thought to keep in mind.
Another option is to say selichot before mincha. Rav Ovadia Yossef (Yechaveh Da'at 1:46) believes this to be a much better alternative to having selichot before midnight.
In conclusion, I believe that on campus we must do whatever it takes to get a minyan for selichot. If that means we must schedule services before midnight – so be it[12].
[1]Chayey Sarah, p. 132b[2]Hilchot Teshuva 3:4[3] Interestingly, he writes this regarding the days between Rosh Hashana and Yom Kippur and says nothing about the days prior to Rosh Hashana.[4] OC 565 subparagraph 5[5]Igrot Moshe OC 2:105[6]i.e. a third of the time between the time of tzeit hacochavim and a lot hashachar. [7] OC 1:2[8]See Babylonian Talmud Berachot 3a[9]Elul of 5771, September 2011.[10]Kuntres Parperaot L’chochma 8 p. 74b[11]See Responsa Ya’aleh Yehuda (Asaad) OC 8[12] R’ Moshe does not address the issue of saying tachanun before midnight, but it is extremely problematic. I think that even if one decides to say it he should not lean down on his arm (see Yechaveh Da’at 10:7).
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