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Tashlumin: Difference between revisions
From Halachipedia
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==Basic== | ==Basic== | ||
# If one forgot to say Shacharit one should say | # If one forgot to say Shacharit one should say [[Mincha]] twice, the first for [[Mincha]] and the second as a makeup (Tashlumin) of shacharit. <Ref> The basic halacha that there is an ability to makeup a prayer is found in the Tur and S”A 108:1 quoting the Briatta on Gemara Brachot 26a. The Halacha Brurah (Shaar HaTzion 108:1) writes that the rabbis instituted Tashlumin as an obligation and it’s not just voluntary. </ref> | ||
# If one forgot to say Mincha one should say Arvit twice, the first for Arvit, the second as a makeup (Tashlumin) of Mincha. <Ref>S”A 108:2 based on the Gemara Brachot 26a </ref> | # If one forgot to say Mincha one should say Arvit twice, the first for Arvit, the second as a makeup (Tashlumin) of Mincha. <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 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> | ||
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# If one had no specific intent when praying the two [[Shemoneh Esrei]]s one fulfills one’s obligation. <ref>Biur Halacha 108:1 D”H VeIm Hiyfech, Kaf HaChaim 108:3, Yalkut Yosef (Kitzur S”A 108:1) </ref> | # If one had no specific intent when praying the two [[Shemoneh Esrei]]s one fulfills one’s obligation. <ref>Biur Halacha 108:1 D”H VeIm Hiyfech, Kaf HaChaim 108:3, Yalkut Yosef (Kitzur S”A 108:1) </ref> | ||
# 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. <Ref> | # 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. <Ref> | ||
* 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 | * 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 Chai (Mishpatim #9), and Nahar Shalom 108:2. | ||
* However, the Magan 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 [[Shemoneh Esrei]]s 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 Magan Avraham. | * However, the Magan 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 [[Shemoneh Esrei]]s 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 Magan 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 Magan 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 Biur Halacha 108:1 D”H 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. </ref> | * 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 Magan 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 Biur Halacha 108:1 D”H 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. </ref> | ||
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==If one forgot to say Mincha before Rosh Chodesh== | ==If one forgot to say Mincha before Rosh Chodesh== | ||
# If one forgot to say Mincha before [[Rosh Chodesh]] one should say Arvit on Rosh Chodesh, two [[Shemoneh Esrei]]s with [[Yaaleh VeYavo]], the first one for Arvit and the second as a makeup for Mincha (Tashlumin). <Ref>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]] Magan 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 [[Shemoneh Esrei]]s. Halacha Brurah 108:27 (quotingn his father Rav Ovadyah) also agrees with Mishna Brurah. </ref> | # If one forgot to say Mincha before [[Rosh Chodesh]] one should say Arvit on Rosh Chodesh, two [[Shemoneh Esrei]]s with [[Yaaleh VeYavo]], the first one for Arvit and the second as a makeup for Mincha (Tashlumin). <Ref>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]] Magan 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 [[Shemoneh Esrei]]s. Halacha Brurah 108:27 (quotingn his father Rav Ovadyah) also agrees with Mishna Brurah. </ref> | ||
# If one forgot to say Mincha before [[Rosh Chodesh]] one should say Arvit on Rosh Chodesh, two [[Shemoneh Esrei]]s with [[Yaaleh VeYavo]]. However, if one did 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 [[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 Rama is based on a comparison to the law of the Gemara Brachot 26b that if one forgot | # If one forgot to say Mincha before [[Rosh Chodesh]] one should say Arvit on Rosh Chodesh, two [[Shemoneh Esrei]]s with [[Yaaleh VeYavo]]. However, if one did 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 [[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 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 [[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 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 [[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 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 [[Shemoneh Esrei]]. Therefore, the Halacha Brurah 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. </ref> | ||
==Mourner== | ==Mourner== | ||
# 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. <ref> Mishna Brurah 71, Magan 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. </ref> | # 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. <ref> Mishna Brurah 71, Magan 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. </ref> | ||
