Tashlumin

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General rules

  1. If one forgot to say Shacharit one should say Mincha twice, the first for Mincha and the second as a makeup (Tashlumin) of Shacharit. [1]
  2. If one forgot to say Mincha one should say Arvit twice, the first for Arvit, the second as a makeup (Tashlumin) of Mincha. [2]
  3. If one forgot to say Arvit one should say Shacharit twice, the first for Shacharit, the second as a makeup (Tashlumin) of Arvit. [3]

    Procedure of Tashlumin

  4. In general, one shouldn't make any interruption in between the original Shemonah Esrei and the Tashlumin [4]besides for certain prayers which are mentioned in the following halachot:
  5. If one needs to say Tashlumin for Arvit one should say Shacharit Shemona Esrei, Tachanun, and Ashrei and then the Tashlumin Shemona Esrei.[5]
  6. If one needs to say Tashlumin for Shacharit one should say Mincha Shemona Esrei say Ashrei and then say the Tashlumin Shemona Esreh.[6]
  7. If one needs to say Tashlumin for Shacharit one should wear tefillin for mincha, both for the mincha shemona esrei as well as the tashlumin shemona esrei. [7]
  8. If one needs to say Tashlumin for Mincha, according to some poskim, one should say Arvit Shemona Esreh and Ashrei and then the Tashlumin, while others say that one should just say Avrit Shemona Esreh and then Tashlumin after waiting the time it takes to walk 4 amot. [8]
  9. If one forgot to daven the Tashlumin prayer at the next davening, most poskim assume that one can no longer make up that tefillah. However, some poskim say that one can still make up that tefillah.[9] Therefore, some suggest that one make a stipulation if one is obligated to offer a tashlumin it should count as a tashlumin and if not it should count as a voluntary tefillah. [10]

    Having intent to specify the second as Tashlumin

  10. Preferably, one should have intent to specify the first one to be for the current Tefillah and the second as the makeup (Tashlumin) of the previous Tefillah.
  11. If one had no specific intent when praying the two Shemoneh Esreis one fulfills one’s obligation. [11]
  12. If one mistakenly had intent that the first one would be Tashlumin and the second for current Tefillah one didn’t fulfill one’s obligation with the Tashlumin. However, some say that one should stipulate that if one isn’t obligated that one is praying a voluntary prayer. [12]

    Tashlumin for Mussaf

  13. There is no makeup (Tashlumin) if one missed saying Mussaf. [13]
  14. Some say that there's no Tashlumin if one missed Neilah of Yom Kippur, while others disagree. [14]

    Women

  15. A woman who usually prays three times a day and misses a prayer unintentionally the same halacha of Tashlumin applies and she should pray the next Tefillah twice, the second as the makeup (Tashlumin). [15]

    Using Chazarat HaShatz

  16. If the Shaliach Tzibbur has to pray a second prayer as Tashlumin, he should intend that the Chazarat HaShatz should counts as Tashlumin. [16]
  17. According to Ashkenazim, an individual who has to pray Tashlumin listening to Chazarat HaShatz will not fulfill one’s obligation rather one must pray oneself. However, after the fact one does fulfill one’s obligation for Tashlumin of Arvit/Mariv but not for any other prayer. [17]
  18. According to Sephardim, an individual who has to pray Tashlumin has the option to listen intently (to every word) to Chazarat HaShatz with intent to fulfill his obligation of Tashlumin, however, it’s preferable to pray Tashlumin (a second prayer) oneself. [18]
    1. If one does listen to the Chazarat HaShatz to fulfill one’s obligation one should answer Kedusha and Amen but not answer Baruch Hu UBaruch Shemo. [19]

      If one forgot to say Mincha on Friday afternoon

  19. If one forgot to say Mincha on Friday one should say Arvit on Friday night, two Shemoneh Esreis of Shabbat, the first one for Arvit and the second as a makeup for Mincha (Tashlumin). [20]

    If one forgot to say Mincha on Shabbat afternoon

  20. If one forgot to say Mincha on Shabbat afternoon he should recite "Atta Chonantanu" in his first Amida in Arvit for Motzae Shabbat but omit it in his second. However, if one said "Atta Chonantanu" in both Amidot, he is still yotze. [21] The same is true if he didn't recite it in either one. [22] However, if he recited it only in the second, then he showed that the second wasn't a make up for Mincha, so he must pray a third time to make up for Mincha, unless he really had in mind that the first was for arbit and the second for tashlumin, but just mistakenly recited atta chonantanu in the wrong one [23]

    If one forgot to say Arvit on Motzae Shabbat

  21. If one forgot to say Arvit on Motzae Shabbat one should not say "Atta Chonantanu" in his Tashlumin, unless he missed Havdala, in which case he would recite it in the second shemoneh esrei. [24]

    If one forgot to say Mincha before Rosh Chodesh

  22. If one forgot to say Mincha before Rosh Chodesh one should say Arvit on Rosh Chodesh, two Shemoneh Esreis with Yaaleh VeYavo, the first one for Arvit and the second as a makeup for Mincha (Tashlumin). [25]
  23. If one forgot to say Mincha before Rosh Chodesh one should say Arvit on Rosh Chodesh, two Shemoneh Esreis with Yaaleh VeYavo. However, if one did said Yaaleh VeYavo in the second but not the first, one has not fulfilled one’s obligation. [26] However, according to Sephardim some say that one should make a stipulation that if one isn’t obligated that one prays voluntarily. [27]

    If one forgot to say Mincha on Rosh Chodesh

  24. If one forgot to say Mincha on Rosh Chodesh and only remembers after RoshRabbi Asher ben Yechiel (1250-1327), often referred to by the acronym of his name, Rosh, one of the more prominent Ashkenazic Rishonim, born in Germany, died in Spain, author of commentary published in the back of the gemaras, father of the Tur. Chodesh, he should say Tashlumin at Avrit even though there's no mention of Yaaleh VeYavo. One should stipulate if I'm obligated to say this prayer, this should fulfill my obligation, and if not, this should serve as a voluntary prayer.[28]

    Mourner

  25. A person who became a mourner after the time for Shacharit or Mincha began and didn’t yet pray, some say that one is obligated to make Tashlumin (after the burial), and some say that one isn't obligated. [29]

    Sources

  1. Rabbi Yochanan in Gemara Brachot 26a establishes that one has the ability to makeup a prayer that one missed. This halacha is quoted and discussed in detail in the Tur and S”A 108:1. The Halacha BrurahRabbi David Yosef (1957- ), sephardic posek in Yerushalayim. The author of Halacha Brurah, a commentary on Shulchan Aruch, Torat Hamoadim, on the laws of the [[holidays]] and Torat Hatahara, on the laws of Taharat Hamishpacha. Son of Chacham Ovadia Yosef and brother of Rabbi Yitzchak Yosef (Shaar HaTziyun 108:1) writes that the rabbis instituted Tashlumin as an obligation and it’s not just voluntary.
  2. S”A 108:2 based on the Gemara Brachot 26a
  3. S”A 108:2 based on the Gemara Brachot 26a
  4. Mishna BrurahRabbi Yisrael Meir Kagan (1838 – 1933), known popularly as The Chofetz Chaim from his book on the laws of [[Lashon Hara]], was an influential Lithuanian Rabbi, author of the Mishna Brurah as well as the Beur Halacha which is in more detail and the Shaar Hatziyun which quotes sources 108:11 writes that preferably one shouldn't make any interruption even to learn in between the original Shemona Esrei and the Tashlumin.
  5. Shulchan Aruch 108:2. The Mishna BrurahRabbi Yisrael Meir Kagan (1838 – 1933), known popularly as The Chofetz Chaim from his book on the laws of [[Lashon Hara]], was an influential Lithuanian Rabbi, author of the Mishna Brurah as well as the Beur Halacha which is in more detail and the Shaar Hatziyun which quotes sources 108:13 explains that the reason we insert Ashrei between the two Shemona Esrei's is in order to prepare for davening with supplicatory words of Torah. Additionally, one has to say Ashrei before Uva Letzion anyway, so it might as well be said between the Shemona Esrei's.
  6. The TazRabbi David Halevi (1586-1667), Rav and Rosh Yeshiva in Poland, author of Taz, the Turei Zahav, on SA, son-in-law of the Bach. 108:3 explains that if one missed Shacharit and is repeating Mincha, one should say Ashrei in between the two Shemona Esrei's. He explains that the RamaRabbi Moshe Isserles (1525-1572), Rabbi in Cracow, Poland, major ashkenazic halachic authority. Author of Darkei Moshe on the Tur, Sh"t Harama a set of responsa, and most famously the haghot on the SA. didn't even need to mention this case because it is clear that one has to say Ashrei to makeup the missed Ashrei at Shacharit. Nonetheless, the first reason that the TazRabbi David Halevi (1586-1667), Rav and Rosh Yeshiva in Poland, author of Taz, the Turei Zahav, on SA, son-in-law of the Bach. gives for saying Ashrei prior to Tashlumin is in order to prepare for davening with supplicatory words of Torah. The Mishna BrurahRabbi Yisrael Meir Kagan (1838 – 1933), known popularly as The Chofetz Chaim from his book on the laws of [[Lashon Hara]], was an influential Lithuanian Rabbi, author of the Mishna Brurah as well as the Beur Halacha which is in more detail and the Shaar Hatziyun which quotes sources 108:13 agrees.
  7. Birur Halacha 108:2
  8. RamaRabbi Moshe Isserles (1525-1572), Rabbi in Cracow, Poland, major ashkenazic halachic authority. Author of Darkei Moshe on the Tur, Sh"t Harama a set of responsa, and most famously the haghot on the SA. 108:2 writes that if one say saying Tashlumin for mincha one should say Ashrei between Arvit and the Tashlumin. Mishna BrurahRabbi Yisrael Meir Kagan (1838 – 1933), known popularly as The Chofetz Chaim from his book on the laws of [[Lashon Hara]], was an influential Lithuanian Rabbi, author of the Mishna Brurah as well as the Beur Halacha which is in more detail and the Shaar Hatziyun which quotes sources 108:14 explains that one should say Ashrei as a makeup for the Ashrei that was supposed to have been said before Mincha. However, Mishna BrurahRabbi Yisrael Meir Kagan (1838 – 1933), known popularly as The Chofetz Chaim from his book on the laws of [[Lashon Hara]], was an influential Lithuanian Rabbi, author of the Mishna Brurah as well as the Beur Halacha which is in more detail and the Shaar Hatziyun which quotes sources 108:14 quotes the achronim in the name of the mekubalim that one shouldn't say Ashrei at Arvit. Kitzur Shulchan Aruch 21:1 just writes that at Arvit one should only wait the time it takes to walk 4 amot and not say Ashrei. Nonetheless, Shulchan Aruch 105:1 writes that one must wait at least the time it takes to walk 4 amot between two Shemona Esrei's. Mishna BrurahRabbi Yisrael Meir Kagan (1838 – 1933), known popularly as The Chofetz Chaim from his book on the laws of [[Lashon Hara]], was an influential Lithuanian Rabbi, author of the Mishna Brurah as well as the Beur Halacha which is in more detail and the Shaar Hatziyun which quotes sources 105:1 explains that even if one doesn't say Ashrei at Arvit one must still make the time for 4 amot between the Shemona Esrei and Tashlumin.
  9. Shulchan Aruch 108:4
  10. Yalkut YosefRabbi Yitzchak Yosef (b. 1952), sephardic Chief Rabbi of Israel, son of Rav Ovadia Yosef and brother of Rabbi David Yosef, is the author of Yalkut Yosef, which is a encyclopedic work of Sephardic halacha. 108:15
  11. Beiur Halacha 108:1 s.v. VeIm Hiyfech, Kaf HaChaim 108:3, Yalkut YosefRabbi Yitzchak Yosef (b. 1952), sephardic Chief Rabbi of Israel, son of Rav Ovadia Yosef and brother of Rabbi David Yosef, is the author of Yalkut Yosef, which is a encyclopedic work of Sephardic halacha. (Kitzur S”A 108:1)
    • The halacha that the first one is supposed to be Mincha and the second Tashlumin for Shacharit is based on the Briatta on the top of Brachot 26b which says that if one forgot to say Mincha of Shabbat one should say Arvit on Motzei Shabbat twice the first one with Havdalah (Atta Chonatanu) and the second without Havdalah and if one switched the order one has not fulfilled one’s obligation. The implication is that whenever one makes Tashlumin one should put the Shemoneh Esrei one is obligated in presently first and then the Tashlumin and if one did the opposite one hasn’t fulfilled one’s obligation. This is the ruling of the Tur, Darkei Moshe, and S”A 108:1. Many Achronim agree with this opinion including Eliyah Rabba 108:1, Ben Ish ChaiRabbi Yosef Chaim (1832 – 1909) was a leading Sephardic Rabbi, author of the Ben Ish Chai as well as Sh"t Rav Pealim, and Rabbi of Baghdad. (Mishpatim #9), and Nahar Shalom 108:2.
    • However, the Magen AvrahamRabbi Avraham Gombiner Halevi (1637-1683), Rav in poland, author of Magen Avraham on SA OC. 108:2 questions S”A saying that explicit intent isn’t indicative but rather the only time when one doesn’t fulfill one’s obligation is when one adds a prayer into one of the Shemoneh Esreis which clearly reveals that one meant the Tashlumin to be first. The TazRabbi David Halevi (1586-1667), Rav and Rosh Yeshiva in Poland, author of Taz, the Turei Zahav, on SA, son-in-law of the Bach. 108:2, Chaye 27:4, ChidaRabbi Chaim Yosef David Azulai ben Isaac Zerachia (1724 – 1806) was a Jerusalem born Sephardic rabbinical scholar. He is the author of Machzik Bracha, Birkei Yosef, [[Shem HaGedolim]] and many other books. in Kesher Gudal 22:11 agree with the Magen AvrahamRabbi Avraham Gombiner Halevi (1637-1683), Rav in poland, author of Magen Avraham on SA OC..
    • In conclusion, the S”A HaRav 108:1 and Pri MegadimRabbi Yosef Teomim (1727-1792), Galician Rabbi, Author of Pri Megadim: Mishbetzot Zahav on the Taz, Eshel Avraham on the Magen Avraham, and Siftei Daat on the Shach. Also author of Porat Yosef on yevamot and ketubot as well as ginat veradim on gemara. (A”A 108:2) write that one should be concerned for the opinion of the Magen AvrahamRabbi Avraham Gombiner Halevi (1637-1683), Rav in poland, author of Magen Avraham on SA OC. and if one makes a mistake and has intent that the first one should be the Tashlumin then one should pray again voluntarily. However, the Beiur Halacha 108:1 s.v. VeIm Hiyfech writes that the halacha follows S”A. The Yalkut YosefRabbi Yitzchak Yosef (b. 1952), sephardic Chief Rabbi of Israel, son of Rav Ovadia Yosef and brother of Rabbi David Yosef, is the author of Yalkut Yosef, which is a encyclopedic work of Sephardic halacha. (108:1, Tefillah pg 566, Sherit Yosef vol 3 pg 75) writes that the primary halacha follows the S”A however it’s preferable to stipulate that if one isn’t obligated that one is praying a voluntary prayer.
  12. Tosfot (Brachot 26a s.v. Iybah) writes that there’s no tashlumin for Mussaf because you can’t say the (pesukim or inyan of) Korbanot at night and Mussaf was instituted as a remembrance of Korbanot and not a request of mercy. Rabbenu Yonah 18a D”G Taah(2), and RoshRabbi Asher ben Yechiel (1250-1327), often referred to by the acronym of his name, Rosh, one of the more prominent Ashkenazic Rishonim, born in Germany, died in Spain, author of commentary published in the back of the gemaras, father of the Tur. 4:1 agree. This is the ruling of Tur and S”A 108:6. Kitzur Shulchan Aruch 21:8 concurs.
  13. Chazon Ovadya (Yamim Noraim, Hilchot Neilah) writes that there's no Tashlumin for Neilah, while the Or Letzion argues that there is Tashlumin for Neilah.
  14. Halacha BrurahRabbi David Yosef (1957- ), sephardic posek in Yerushalayim. The author of Halacha Brurah, a commentary on Shulchan Aruch, Torat Hamoadim, on the laws of the [[holidays]] and Torat Hatahara, on the laws of Taharat Hamishpacha. Son of Chacham Ovadia Yosef and brother of Rabbi Yitzchak Yosef 108:3
  15. Magen AvrahamRabbi Avraham Gombiner Halevi (1637-1683), Rav in poland, author of Magen Avraham on SA OC. 108:1, Mishna BrurahRabbi Yisrael Meir Kagan (1838 – 1933), known popularly as The Chofetz Chaim from his book on the laws of [[Lashon Hara]], was an influential Lithuanian Rabbi, author of the Mishna Brurah as well as the Beur Halacha which is in more detail and the Shaar Hatziyun which quotes sources 108:4, Halacha BrurahRabbi David Yosef (1957- ), sephardic posek in Yerushalayim. The author of Halacha Brurah, a commentary on Shulchan Aruch, Torat Hamoadim, on the laws of the [[holidays]] and Torat Hatahara, on the laws of Taharat Hamishpacha. Son of Chacham Ovadia Yosef and brother of Rabbi Yitzchak Yosef 108:4, Kitzur S"A 22:9
  16. Mishna BrurahRabbi Yisrael Meir Kagan (1838 – 1933), known popularly as The Chofetz Chaim from his book on the laws of [[Lashon Hara]], was an influential Lithuanian Rabbi, author of the Mishna Brurah as well as the Beur Halacha which is in more detail and the Shaar Hatziyun which quotes sources 108:5
  17. Halacha BrurahRabbi David Yosef (1957- ), sephardic posek in Yerushalayim. The author of Halacha Brurah, a commentary on Shulchan Aruch, Torat Hamoadim, on the laws of the [[holidays]] and Torat Hatahara, on the laws of Taharat Hamishpacha. Son of Chacham Ovadia Yosef and brother of Rabbi Yitzchak Yosef 108:5
  18. Halacha BrurahRabbi David Yosef (1957- ), sephardic posek in Yerushalayim. The author of Halacha Brurah, a commentary on Shulchan Aruch, Torat Hamoadim, on the laws of the [[holidays]] and Torat Hatahara, on the laws of Taharat Hamishpacha. Son of Chacham Ovadia Yosef and brother of Rabbi Yitzchak Yosef 108:5
  19. S”A 108:9
  20. Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, Volume 1, Page 97, Yalkut YosefRabbi Yitzchak Yosef (b. 1952), sephardic Chief Rabbi of Israel, son of Rav Ovadia Yosef and brother of Rabbi David Yosef, is the author of Yalkut Yosef, which is a encyclopedic work of Sephardic halacha. Tefilla vol. 1 pg. 595
  21. Yalkut YosefRabbi Yitzchak Yosef (b. 1952), sephardic Chief Rabbi of Israel, son of Rav Ovadia Yosef and brother of Rabbi David Yosef, is the author of Yalkut Yosef, which is a encyclopedic work of Sephardic halacha. Tefilla vol. 1 pg. 595
  22. Yalkut YosefRabbi Yitzchak Yosef (b. 1952), sephardic Chief Rabbi of Israel, son of Rav Ovadia Yosef and brother of Rabbi David Yosef, is the author of Yalkut Yosef, which is a encyclopedic work of Sephardic halacha. Tefilla vol. 1 pg. 595
  23. Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, Vol. 1 pg. 97, Yalkut YosefRabbi Yitzchak Yosef (b. 1952), sephardic Chief Rabbi of Israel, son of Rav Ovadia Yosef and brother of Rabbi David Yosef, is the author of Yalkut Yosef, which is a encyclopedic work of Sephardic halacha. Tefilla vol. 1 pg. 599, Mishna BrurahRabbi Yisrael Meir Kagan (1838 – 1933), known popularly as The Chofetz Chaim from his book on the laws of [[Lashon Hara]], was an influential Lithuanian Rabbi, author of the Mishna Brurah as well as the Beur Halacha which is in more detail and the Shaar Hatziyun which quotes sources 294:2
  24. Bet Yosef 422:2 quotes the Kol Bo who says that one only needs to say Yaaleh VeYavo in the first Shemoneh Esrei. The Levush 108:9, Olot Tamid 108:12, and the Bet Yosef (as it seems from the Bet Yosef there) agree with the Kol Bo. However, the Darkei Moshe 422:2 argues that one needs to say Yaaleh VeYavo Magen AvrahamRabbi Avraham Gombiner Halevi (1637-1683), Rav in poland, author of Magen Avraham on SA OC. (108:7, 10, and 12), Kitzur S”A 21:6, Chaye Adam, and other Achronim including Mishna BrurahRabbi Yisrael Meir Kagan (1838 – 1933), known popularly as The Chofetz Chaim from his book on the laws of [[Lashon Hara]], was an influential Lithuanian Rabbi, author of the Mishna Brurah as well as the Beur Halacha which is in more detail and the Shaar Hatziyun which quotes sources 108:26 hold that one should say Yaaleh VeYavo in both Shemoneh Esreis. Halacha BrurahRabbi David Yosef (1957- ), sephardic posek in Yerushalayim. The author of Halacha Brurah, a commentary on Shulchan Aruch, Torat Hamoadim, on the laws of the [[holidays]] and Torat Hatahara, on the laws of Taharat Hamishpacha. Son of Chacham Ovadia Yosef and brother of Rabbi Yitzchak Yosef 108:27 (quotingn his father Rav Ovadyah) also agrees with Mishna BrurahRabbi Yisrael Meir Kagan (1838 – 1933), known popularly as The Chofetz Chaim from his book on the laws of [[Lashon Hara]], was an influential Lithuanian Rabbi, author of the Mishna Brurah as well as the Beur Halacha which is in more detail and the Shaar Hatziyun which quotes sources.
  25. The RamaRabbi Moshe Isserles (1525-1572), Rabbi in Cracow, Poland, major ashkenazic halachic authority. Author of Darkei Moshe on the Tur, Sh"t Harama a set of responsa, and most famously the haghot on the SA. 108:9 writes that if one said Yaaleh VeYavo in the second but not first Shemoneh Esrei one has no fulfilled one’s obligation of Tashlumin and must repeat it because one has revealed that it was one’s intent to put the Tashlumin first. The RamaRabbi Moshe Isserles (1525-1572), Rabbi in Cracow, Poland, major ashkenazic halachic authority. Author of Darkei Moshe on the Tur, Sh"t Harama a set of responsa, and most famously the haghot on the SA. is based on a comparison to the law of the Gemara Brachot 26b that if one forgot Mincha on Shabbat one should say Arvit twice on Motzei Shabbat and if one said Havdalah in the second and not the first one has not fulfilled one’s obligation (because one has revealed one’s intent was to put the Tashlumin Shemoneh Esrei first). This is also found in the Kol Bo (siman 11, quoted in Bet Yosef 422:2) and is accepted by many Achronim including Mishna BrurahRabbi Yisrael Meir Kagan (1838 – 1933), known popularly as The Chofetz Chaim from his book on the laws of [[Lashon Hara]], was an influential Lithuanian Rabbi, author of the Mishna Brurah as well as the Beur Halacha which is in more detail and the Shaar Hatziyun which quotes sources 108:27.
  26. The Yeshuot Yacov 108:11 argues that one has fulfilled one’s obligation because one only said Yaaleh VeYavo in the second Shemoneh Esrei because initially it is the proper thing to say Yaaleh VeYavo in the second Shemoneh Esrei. According to this one could answer (Halacha BrurahRabbi David Yosef (1957- ), sephardic posek in Yerushalayim. The author of Halacha Brurah, a commentary on Shulchan Aruch, Torat Hamoadim, on the laws of the [[holidays]] and Torat Hatahara, on the laws of Taharat Hamishpacha. Son of Chacham Ovadia Yosef and brother of Rabbi Yitzchak Yosef, Birur Halacha 108:22) that the Kol Bo only said that one should repeat Tashlumin since he holds that one should only say Yaaleh VeYavo in the first Shemoneh Esrei. Therefore, the Halacha BrurahRabbi David Yosef (1957- ), sephardic posek in Yerushalayim. The author of Halacha Brurah, a commentary on Shulchan Aruch, Torat Hamoadim, on the laws of the [[holidays]] and Torat Hatahara, on the laws of Taharat Hamishpacha. Son of Chacham Ovadia Yosef and brother of Rabbi Yitzchak Yosef 108:27 writes that one should repeat one’s Shemoneh Esrei on condition that if one isn’t obligated that it should be a voluntary prayer.
  27. Shulchan Aruch 108:11, Mishna BrurahRabbi Yisrael Meir Kagan (1838 – 1933), known popularly as The Chofetz Chaim from his book on the laws of [[Lashon Hara]], was an influential Lithuanian Rabbi, author of the Mishna Brurah as well as the Beur Halacha which is in more detail and the Shaar Hatziyun which quotes sources 108:33
  28. Mishna BrurahRabbi Yisrael Meir Kagan (1838 – 1933), known popularly as The Chofetz Chaim from his book on the laws of [[Lashon Hara]], was an influential Lithuanian Rabbi, author of the Mishna Brurah as well as the Beur Halacha which is in more detail and the Shaar Hatziyun which quotes sources 71, Magen Giborim and Derech HaChaim hold that a person is chayav, while the Yad Efrayim (Aninut 29), Birkei Yosef 341:17, Chachmat Shlomo 71, and Sh”t Shevet HaLevi 6:11 hold that one is exempt from Tashlumin.