Tashlumin: Difference between revisions

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# If one forgot to say [[Arvit]] one should say [[Shacharit]] twice, the first for [[Shacharit]], the second as a makeup (Tashlumin) of [[Arvit]]. <Ref>S”A 108:2 based on the Gemara [[Brachot]] 26a </ref>
# If one forgot to say [[Arvit]] one should say [[Shacharit]] twice, the first for [[Shacharit]], the second as a makeup (Tashlumin) of [[Arvit]]. <Ref>S”A 108:2 based on the Gemara [[Brachot]] 26a </ref>
# If someone was involved in a mitzvah from the beginning to the end of the time of a Tefillah he was exempt from that Tefillah then he doesn't need to recite Tashlumin afterwards.<ref>The Derisha YD 341:3 writes that someone who was Osek in a Mitzvah is exempt from Tefillah and if he missed a Tefillah because of the mitzvah he doesn't have any tashlumin just like an Onen. The Taz YD 341:5 disagrees saying that missing a Tefillah because of a mitzvah is just like an other extenuating circumstance for which you missed a tefillah which would obligate a Tashlumin. The Nekudat Hakesef 341 agrees with the Derisha. Mishna Brurah 93:8 rules like the Derisha. Steipler in Kehilat Yakov Brachot ch. 15 explains that the Derisha holds that when one is dealing with a mitzvah there's a complete exemption from the mitzvah so that it was like you weren't obligated and as such there is no tashlumin, however, the Taz holds that the exemption is just like something that prevents you from a mitzvah and as such there is a tashlumin. He compares this to the dispute between Tosfot and Ran whether someone doing a mitzvah can involve himself in a second mitzvah that he can do simultaneously. </ref>  
# If someone was involved in a mitzvah from the beginning to the end of the time of a Tefillah he was exempt from that Tefillah then he doesn't need to recite Tashlumin afterwards.<ref>The Derisha YD 341:3 writes that someone who was Osek in a Mitzvah is exempt from Tefillah and if he missed a Tefillah because of the mitzvah he doesn't have any tashlumin just like an Onen. The Taz YD 341:5 disagrees saying that missing a Tefillah because of a mitzvah is just like an other extenuating circumstance for which you missed a tefillah which would obligate a Tashlumin. The Nekudat Hakesef 341 agrees with the Derisha. Mishna Brurah 93:8 rules like the Derisha. Steipler in Kehilat Yakov Brachot ch. 15 explains that the Derisha holds that when one is dealing with a mitzvah there's a complete exemption from the mitzvah so that it was like you weren't obligated and as such there is no tashlumin, however, the Taz holds that the exemption is just like something that prevents you from a mitzvah and as such there is a tashlumin. He compares this to the dispute between Tosfot and Ran whether someone doing a mitzvah can involve himself in a second mitzvah that he can do simultaneously. </ref>  
# For example, someone who is a doctor healing a Jewish patient and missed the entire period of a Tefillah from beginning to end, since he was dealing with a mitzvah he doesn't need to recite Tashlumin afterwards.<ref>Rav Shlomo Zalman Auerbach cited in Nishmat Avraham 38:6 writes that someone who is healing a Jewish patient is doing a mitzvah and as such he is exempt from Tefillah and if he's involved with that mitzvah from the beginning of the time of the Tefillah to the end then he doesn't even need to recite Tashlumin in accordance with the Derisha YD 341:3. He also cites Rav Zilberstein who explains that even if he doesn't have intention for a mitzvah nonetheless he is practically doing the mitzvah of Hashavat Aveidah and as such the exemption applies.</ref>
# For example, someone who is a doctor healing a Jewish patient and missed the entire period of a Tefillah from beginning to end, since he was dealing with a mitzvah he doesn't need to recite Tashlumin afterwards.<ref>Rav Shlomo Zalman Auerbach cited in Nishmat Avraham 38:6 writes that someone who is healing a Jewish patient is doing a mitzvah and as such he is exempt from Tefillah and if he's involved with that mitzvah from the beginning of the time of the Tefillah to the end then he doesn't even need to recite Tashlumin in accordance with the Derisha YD 341:3. He also cites Rav Zilberstein who explains that even if he doesn't have intention for a mitzvah nonetheless he is practically doing the mitzvah of Hashavat Aveidah and as such the exemption applies. Minchat Asher 1:121 agrees that if the doctor was involved in pikuach nefesh the entire time of the tefillah he was exempt and he doesn't have to daven tashlumin. However, a doctor in the office seeing patients isn't considered osek bmitzvah because primarily he is doing his job to be paid. </ref>


==Procedure of Tashlumin==
==Procedure of Tashlumin==
# In general, one shouldn't make any interruption in between the original Shemonah Esrei and the Tashlumin <ref>Mishna Brurah 108:11 writes that preferably one shouldn't make any interruption even to learn in between the original Shemona Esrei and the Tashlumin. </ref>besides for certain [[prayers]] which are mentioned in the following halachot:
# In general, one shouldn't make any interruption in between the original Shemonah Esrei and the Tashlumin <ref>Mishna Brurah 108:11 writes that preferably one shouldn't make any interruption even to learn in between the original Shemona Esrei and the Tashlumin. </ref>besides for certain [[prayers]] which are mentioned in the following halachot:
# If one needs to say Tashlumin for [[Arvit]] one should say [[Shacharit]] Shemona Esrei, [[Tachanun]], and Ashrei and then the Tashlumin Shemona Esrei.<Ref>Shulchan Aruch 108:2. The Mishna Brurah 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.</ref>
# If one needs to say Tashlumin for [[Arvit]] one should say [[Shacharit]] Shemona Esrei, [[Tachanun]], and Ashrei and then the Tashlumin Shemona Esrei.<Ref>Shulchan Aruch 108:2. The Mishna Brurah 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.</ref>
# If one needs to say Tashlumin for [[Shacharit]] one should say [[Mincha]] Shemona Esrei say Ashrei and then say the Tashlumin [[Shemona Esreh]].<Ref>The Taz 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 Rama 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 Taz gives for saying Ashrei prior to Tashlumin is in order to prepare for [[davening]] with supplicatory words of Torah. The Mishna Brurah 108:13 agrees.</ref>
# If one needs to say Tashlumin for [[Shacharit]] one should say [[Mincha]] Shemona Esrei say Ashrei and then say the Tashlumin [[Shemona Esreh]].<Ref>The Taz 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 Rama 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 Taz gives for saying Ashrei prior to Tashlumin is in order to prepare for [[davening]] with words of Torah. The Mishna Brurah 108:13 agrees.</ref>
# 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. <ref>[http://www.hebrewbooks.org/pagefeed/hebrewbooks_org_50533_35.pdf Birur Halacha 108:2]</ref>
# 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. <ref>[http://www.hebrewbooks.org/pagefeed/hebrewbooks_org_50533_35.pdf Birur Halacha 108:2] explains that really since one didn't get to daven with tefillin yet that day one should daven Shemona Esrei of Mincha with Tefillin. Even though he doesn't have to wear them for the Tashlumin since he already kept the minhag to wear them for one Tefillah a day it isn't right to take them off between the Mincha and the Tashlumin so that they are put close together.</ref>
# 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]]. <ref>Rama 108:2 writes that if one say saying Tashlumin for [[mincha]] one should say Ashrei between [[Arvit]] and the Tashlumin. Mishna Brurah 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 Brurah 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 Brurah 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. </reF>
# 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]]. <ref>Rama 108:2 writes that if one say saying Tashlumin for [[mincha]] one should say Ashrei between [[Arvit]] and the Tashlumin. Mishna Brurah 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 Brurah 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 Brurah 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. </reF>
# 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.<ref>Shulchan Aruch 108:4</ref> 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. <ref>Yalkut Yosef 108:15</ref>
# 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.<ref>Shulchan Aruch 108:4</ref> 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. <ref>Yalkut Yosef 108:15</ref>
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## In such a situation, if one accidentally said [[Yaaleh VeYavo]] in the second but not the first, one has not fulfilled one’s obligation. <ref> The Rama 108:9 writes that if one said [[Yaaleh VeYavo]] in the second but not first [[Shmoneh 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 Rama 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 [[Shmoneh 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 Brurah 108:27. </ref> However, according to Sephardim some say that one should make a stipulation that if one isn’t obligated that one prays voluntarily. <Ref>The Yeshuot Yacov 108:11 argues that one has fulfilled one’s obligation because one only said [[Yaaleh VeYavo]] in the second [[Shmoneh Esrei]] because initially it is the proper thing to say [[Yaaleh VeYavo]] in the second [[Shmoneh Esrei]]. According to this one could answer (Halacha Brurah, 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 [[Shmoneh Esrei]]. Therefore, the Halacha Brurah 108:27 writes that one should repeat one’s [[Shmoneh Esrei]] on condition that if one isn’t obligated that it should be a voluntary [[prayer]]. </ref>
## In such a situation, if one accidentally said [[Yaaleh VeYavo]] in the second but not the first, one has not fulfilled one’s obligation. <ref> The Rama 108:9 writes that if one said [[Yaaleh VeYavo]] in the second but not first [[Shmoneh 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 Rama 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 [[Shmoneh 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 Brurah 108:27. </ref> However, according to Sephardim some say that one should make a stipulation that if one isn’t obligated that one prays voluntarily. <Ref>The Yeshuot Yacov 108:11 argues that one has fulfilled one’s obligation because one only said [[Yaaleh VeYavo]] in the second [[Shmoneh Esrei]] because initially it is the proper thing to say [[Yaaleh VeYavo]] in the second [[Shmoneh Esrei]]. According to this one could answer (Halacha Brurah, 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 [[Shmoneh Esrei]]. Therefore, the Halacha Brurah 108:27 writes that one should repeat one’s [[Shmoneh Esrei]] on condition that if one isn’t obligated that it should be a voluntary [[prayer]]. </ref>


==If one forgot to say Mincha on [[Rosh Chodesh]]==
==If One Forgot to Say Mincha on [[Rosh Chodesh]]==
# If someone forgot Yaaleh Veyavo at mincha of a one day Rosh Chodesh or the second day of a two day Rosh Chodesh and didn’t realize until it was the night, he should recite Tashlumin for Mincha at Arvit without Yaaleh Veyavo but he 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.<Ref> Tosfot Brachot 26b s.v. taah cites Rabbenu Yehuda who says that if someone forgot Yaaleh Veyavo at mincha of Rosh Chodesh he doesn’t need to repeat the Shemona Esrei at Arvit since he gains nothing by saying Tashlumin that night since it isn’t Rosh Chodesh anymore. However, the Tosfot cites the Rabbenu Moshe and Rif who argue that a Shemona Esrei without the Yaaleh Veyavo on Rosh Chodesh is like it isn’t a Shemona Esrei and so one should do Tashlumin at night for mincha. The Tosfot Rabbenu Yehuda, Tosfot Harosh, Rashba Brachot 26b s.v. katvu, Meiri Brachot 26b s.v. shachach all agree with Rabbenu Yehuda. Rabbenu Yonah Brachot 18a s.v. taah writes that since it is a dispute one should recite Tashlumin with a stipulation that it is voluntary. Rosh Brachot 4:2 agrees. Shulchan Aruch 108:11 codifies the Rabbenu Yonah’s compromise. Mishna Brurah 108:33 explains that for the second Shemona Esrei one should stipulate and say if I'm obligated to say this prayer, this should fulfill my obligation, and if not, this should serve as a voluntary prayer.</ref>
# If someone forgot Yaaleh Veyavo at mincha of a one day Rosh Chodesh or the second day of a two day Rosh Chodesh and didn’t realize until it was the night, he should recite Tashlumin for Mincha at Arvit without Yaaleh Veyavo but he 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.<Ref> Tosfot Brachot 26b s.v. taah cites Rabbenu Yehuda who says that if someone forgot Yaaleh Veyavo at mincha of Rosh Chodesh he doesn’t need to repeat the Shemona Esrei at Arvit since he gains nothing by saying Tashlumin that night since it isn’t Rosh Chodesh anymore. However, the Tosfot cites the Rabbenu Moshe and Rif who argue that a Shemona Esrei without the Yaaleh Veyavo on Rosh Chodesh is like it isn’t a Shemona Esrei and so one should do Tashlumin at night for mincha. The Tosfot Rabbenu Yehuda, Tosfot Harosh, Rashba Brachot 26b s.v. katvu, Meiri Brachot 26b s.v. shachach all agree with Rabbenu Yehuda. Rabbenu Yonah Brachot 18a s.v. taah writes that since it is a dispute one should recite Tashlumin with a stipulation that it is voluntary. Rosh Brachot 4:2 agrees. Shulchan Aruch 108:11 codifies the Rabbenu Yonah’s compromise. Mishna Brurah 108:33 explains that for the second Shemona Esrei one should stipulate and say if I'm obligated to say this prayer, this should fulfill my obligation, and if not, this should serve as a voluntary prayer.</ref>
# If Rosh Chodesh was a Friday then one shouldn’t do Tashlumin on Shabbat since one may not recite voluntary prayers on Shabbat.<Ref>Mishna Brurah 108:36</ref>
# If Rosh Chodesh was a Friday then one shouldn’t do Tashlumin on Shabbat since one may not recite voluntary prayers on Shabbat.<Ref>Mishna Brurah 108:36</ref>
==If One Forgot to Say Ten Tal Umatar Lbracha on Friday Afternoon==
# If someone forgot to say Ten Tal Umatar Lbracha on Friday afternoon in mincha and only realized after it was too late for mincha some say that one should repeat say Tashlumin at Arvit of Shabbat to fulfill his obligation of Mincha.<ref>Rav Chaim Soloveitchik (Brachot 26b) wrote that the dispute in Tosfot regarding Yaaleh Veyavo is only relevant there since perhaps a Shemona Esrei without Yaaleh Veyavo counts and if one doesn't gain by repeating Shemona Esrei there's no point to say Tashlumin, however, Ten Tal Umatar Lbracha is integral to the Shemona Esrei and if one forgot it it is as though one didn't pray at all.</ref> Others hold that one shouldn't repeat the Shemona Esrei at Arvit since one doesn't gain saying Ten Tal Umatar Lbracha in the Tashlumin Shemona Esrei.<ref>Har Tzvi 54, Rav Shlomo Zalman Auerbach (Halichot Shlomo 8 fnt. 82) cited by Dirshu 108:73</ref>


==Mourner==
==Mourner==

Latest revision as of 16:09, 30 March 2022

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]
  4. If someone was involved in a mitzvah from the beginning to the end of the time of a Tefillah he was exempt from that Tefillah then he doesn't need to recite Tashlumin afterwards.[4]
  5. For example, someone who is a doctor healing a Jewish patient and missed the entire period of a Tefillah from beginning to end, since he was dealing with a mitzvah he doesn't need to recite Tashlumin afterwards.[5]

Procedure of Tashlumin

  1. In general, one shouldn't make any interruption in between the original Shemonah Esrei and the Tashlumin [6]besides for certain prayers which are mentioned in the following halachot:
  2. If one needs to say Tashlumin for Arvit one should say Shacharit Shemona Esrei, Tachanun, and Ashrei and then the Tashlumin Shemona Esrei.[7]
  3. If one needs to say Tashlumin for Shacharit one should say Mincha Shemona Esrei say Ashrei and then say the Tashlumin Shemona Esreh.[8]
  4. 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. [9]
  5. 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. [10]
  6. 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.[11] 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. [12]

Having intent to specify the second as Tashlumin

  1. 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.
  2. If one had no specific intent when praying the two Shmoneh Esreis one fulfills one’s obligation. [13]
  3. 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. [14]

Tashlumin for Mussaf

  1. There is no makeup (Tashlumin) if one missed saying Mussaf. [15]
  2. Some say that there's no Tashlumin if one missed Neilah of Yom Kippur, while others disagree. [16]

Women

  1. 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). [17]

Using Chazarat HaShatz

  1. If the Shaliach Tzibbur has to pray a second prayer as Tashlumin, he should intend that the Chazarat HaShatz should counts as Tashlumin. [18]
  2. 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. [19]
  3. 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. [20]
    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. [21]

If one forgot to say Mincha on Friday afternoon

  1. If one forgot to say Mincha on Friday one should say Arvit on Friday night, two Shmoneh Esreis of Shabbat, the first one for Arvit and the second as a makeup for Mincha (Tashlumin). [22]

If one forgot to say Mincha on Shabbat afternoon

  1. 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. [23] The same is true if he didn't recite it in either one. [24] 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 [25]

If one forgot to say Arvit on Motzae Shabbat

  1. 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. [26]

If one forgot to say Mincha before Rosh Chodesh

  1. If one forgot to say Mincha before Rosh Chodesh one should say Arvit on Rosh Chodesh, two Shmoneh Esreis with Yaaleh VeYavo, the first one for Arvit and the second as a makeup for Mincha (Tashlumin). [27]
    1. In such a situation, if one accidentally said Yaaleh VeYavo in the second but not the first, one has not fulfilled one’s obligation. [28] However, according to Sephardim some say that one should make a stipulation that if one isn’t obligated that one prays voluntarily. [29]

If One Forgot to Say Mincha on Rosh Chodesh

  1. If someone forgot Yaaleh Veyavo at mincha of a one day Rosh Chodesh or the second day of a two day Rosh Chodesh and didn’t realize until it was the night, he should recite Tashlumin for Mincha at Arvit without Yaaleh Veyavo but he 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.[30]
  2. If Rosh Chodesh was a Friday then one shouldn’t do Tashlumin on Shabbat since one may not recite voluntary prayers on Shabbat.[31]

If One Forgot to Say Ten Tal Umatar Lbracha on Friday Afternoon

  1. If someone forgot to say Ten Tal Umatar Lbracha on Friday afternoon in mincha and only realized after it was too late for mincha some say that one should repeat say Tashlumin at Arvit of Shabbat to fulfill his obligation of Mincha.[32] Others hold that one shouldn't repeat the Shemona Esrei at Arvit since one doesn't gain saying Ten Tal Umatar Lbracha in the Tashlumin Shemona Esrei.[33]

Mourner

  1. 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. [34]

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 Brurah (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. ↑ The Derisha YD 341:3 writes that someone who was Osek in a Mitzvah is exempt from Tefillah and if he missed a Tefillah because of the mitzvah he doesn't have any tashlumin just like an Onen. The Taz YD 341:5 disagrees saying that missing a Tefillah because of a mitzvah is just like an other extenuating circumstance for which you missed a tefillah which would obligate a Tashlumin. The Nekudat Hakesef 341 agrees with the Derisha. Mishna Brurah 93:8 rules like the Derisha. Steipler in Kehilat Yakov Brachot ch. 15 explains that the Derisha holds that when one is dealing with a mitzvah there's a complete exemption from the mitzvah so that it was like you weren't obligated and as such there is no tashlumin, however, the Taz holds that the exemption is just like something that prevents you from a mitzvah and as such there is a tashlumin. He compares this to the dispute between Tosfot and Ran whether someone doing a mitzvah can involve himself in a second mitzvah that he can do simultaneously.
  5. ↑ Rav Shlomo Zalman Auerbach cited in Nishmat Avraham 38:6 writes that someone who is healing a Jewish patient is doing a mitzvah and as such he is exempt from Tefillah and if he's involved with that mitzvah from the beginning of the time of the Tefillah to the end then he doesn't even need to recite Tashlumin in accordance with the Derisha YD 341:3. He also cites Rav Zilberstein who explains that even if he doesn't have intention for a mitzvah nonetheless he is practically doing the mitzvah of Hashavat Aveidah and as such the exemption applies. Minchat Asher 1:121 agrees that if the doctor was involved in pikuach nefesh the entire time of the tefillah he was exempt and he doesn't have to daven tashlumin. However, a doctor in the office seeing patients isn't considered osek bmitzvah because primarily he is doing his job to be paid.
  6. ↑ Mishna Brurah 108:11 writes that preferably one shouldn't make any interruption even to learn in between the original Shemona Esrei and the Tashlumin.
  7. ↑ Shulchan Aruch 108:2. The Mishna Brurah 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.
  8. ↑ The Taz 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 Rama 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 Taz gives for saying Ashrei prior to Tashlumin is in order to prepare for davening with words of Torah. The Mishna Brurah 108:13 agrees.
  9. ↑ Birur Halacha 108:2 explains that really since one didn't get to daven with tefillin yet that day one should daven Shemona Esrei of Mincha with Tefillin. Even though he doesn't have to wear them for the Tashlumin since he already kept the minhag to wear them for one Tefillah a day it isn't right to take them off between the Mincha and the Tashlumin so that they are put close together.
  10. ↑ Rama 108:2 writes that if one say saying Tashlumin for mincha one should say Ashrei between Arvit and the Tashlumin. Mishna Brurah 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 Brurah 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 Brurah 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.
  11. ↑ Shulchan Aruch 108:4
  12. ↑ Yalkut Yosef 108:15
  13. ↑ Beiur Halacha 108:1 s.v. VeIm Hiyfech, Kaf HaChaim 108:3, Yalkut Yosef (Kitzur S”A 108:1)
  14. ↑
    • 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 Shmoneh 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 Chai (Mishpatim #9), and Nahar Shalom 108:2.
    • However, the Magen Avraham 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 Shmoneh Esreis which clearly reveals that one meant the Tashlumin to be first. The Taz 108:2, Chaye 27:4, Chida in Kesher Gudal 22:11 agree with the Magen Avraham.
    • In conclusion, the S”A HaRav 108:1 and Pri Megadim (A”A 108:2) write that one should be concerned for the opinion of the Magen Avraham 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 Yosef (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.
  15. ↑ 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 Rosh 4:1 agree. This is the ruling of Tur and S”A 108:6. Kitzur Shulchan Aruch 21:8 concurs.
  16. ↑ 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.
  17. ↑ Halacha Brurah 108:3
  18. ↑ Magen Avraham 108:1, Mishna Brurah 108:4, Halacha Brurah 108:4, Kitzur Shulchan Aruch 22:9
  19. ↑ Mishna Brurah 108:5
  20. ↑ Halacha Brurah 108:5
  21. ↑ Halacha Brurah 108:5
  22. ↑ S”A 108:9
  23. ↑ Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, Volume 1, Page 97, Yalkut Yosef Tefilla vol. 1 pg. 595
  24. ↑ Yalkut Yosef Tefilla vol. 1 pg. 595
  25. ↑ Yalkut Yosef Tefilla vol. 1 pg. 595
  26. ↑ Kitzur Shulchan Aruch of Rav Rephael Baruch Toledano, Vol. 1 pg. 97, Yalkut Yosef Tefilla vol. 1 pg. 599, Mishna Brurah 294:2
  27. ↑ Bet Yosef 422:2 quotes the Kol Bo who says that one only needs to say Yaaleh VeYavo in the first Shmoneh 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 Avraham (108:7, 10, and 12), Kitzur S”A 21:6, Chaye Adam, and other Achronim including Mishna Brurah 108:26 hold that one should say Yaaleh VeYavo in both Shmoneh Esreis. Halacha Brurah 108:27 (quotingn his father Rav Ovadyah) also agrees with Mishna Brurah.
  28. ↑ The Rama 108:9 writes that if one said Yaaleh VeYavo in the second but not first Shmoneh 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 Rama 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 Shmoneh 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 Brurah 108:27.
  29. ↑ The Yeshuot Yacov 108:11 argues that one has fulfilled one’s obligation because one only said Yaaleh VeYavo in the second Shmoneh Esrei because initially it is the proper thing to say Yaaleh VeYavo in the second Shmoneh Esrei. According to this one could answer (Halacha Brurah, 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 Shmoneh Esrei. Therefore, the Halacha Brurah 108:27 writes that one should repeat one’s Shmoneh Esrei on condition that if one isn’t obligated that it should be a voluntary prayer.
  30. ↑ Tosfot Brachot 26b s.v. taah cites Rabbenu Yehuda who says that if someone forgot Yaaleh Veyavo at mincha of Rosh Chodesh he doesn’t need to repeat the Shemona Esrei at Arvit since he gains nothing by saying Tashlumin that night since it isn’t Rosh Chodesh anymore. However, the Tosfot cites the Rabbenu Moshe and Rif who argue that a Shemona Esrei without the Yaaleh Veyavo on Rosh Chodesh is like it isn’t a Shemona Esrei and so one should do Tashlumin at night for mincha. The Tosfot Rabbenu Yehuda, Tosfot Harosh, Rashba Brachot 26b s.v. katvu, Meiri Brachot 26b s.v. shachach all agree with Rabbenu Yehuda. Rabbenu Yonah Brachot 18a s.v. taah writes that since it is a dispute one should recite Tashlumin with a stipulation that it is voluntary. Rosh Brachot 4:2 agrees. Shulchan Aruch 108:11 codifies the Rabbenu Yonah’s compromise. Mishna Brurah 108:33 explains that for the second Shemona Esrei one should stipulate and say if I'm obligated to say this prayer, this should fulfill my obligation, and if not, this should serve as a voluntary prayer.
  31. ↑ Mishna Brurah 108:36
  32. ↑ Rav Chaim Soloveitchik (Brachot 26b) wrote that the dispute in Tosfot regarding Yaaleh Veyavo is only relevant there since perhaps a Shemona Esrei without Yaaleh Veyavo counts and if one doesn't gain by repeating Shemona Esrei there's no point to say Tashlumin, however, Ten Tal Umatar Lbracha is integral to the Shemona Esrei and if one forgot it it is as though one didn't pray at all.
  33. ↑ Har Tzvi 54, Rav Shlomo Zalman Auerbach (Halichot Shlomo 8 fnt. 82) cited by Dirshu 108:73
  34. ↑ Mishna Brurah 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.
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