Rabotai (gentlemen), we’re in siman (section) kuf chet of Shulchan Aruch (Code of Jewish Law). This is a long, famous siman. Kuf chet? Kuf chet. It has 12 se'ifim (paragraphs).
Alef: “Ta'ah o ne'enas velo hitpallel Shacharit, mitpallel Minchah shtayim” (if someone erred or was prevented from praying Shacharit, he prays Minchah twice). If a person made a mistake or had a situation beyond his control and didn’t pray Shacharit, he can pray Minchah twice. “Harishonah Minchah, vehasheniyah letashlumin” (the first is Minchah, and the second is the makeup prayer). The first Amidah is for Minchah, and the second is the makeup prayer. “Ve'im hiphach, lo yatza yedei tefillah shehi tashlumin” (if he reversed the order, he has not fulfilled the makeup prayer). If you prayed the tashlumin first, you have not fulfilled the tashlumin. You have fulfilled the Minchah prayer, which you prayed second, so now you have to pray a third tefillah. “Vetzarich lachazor ulehitpallel otah” (and he must go back and pray it). Good. “Vechen hadin bechol makom shetzarich lehitpallel tefillat tashlumin” (the same rule applies whenever one must pray a makeup prayer). Whenever you have to pray tefillat tashlumin, you always pray the primary prayer first, and the second one is the makeup prayer.
Bet: “Ta'ah velo hitpallel Minchah, mitpallel Arvit shtayim” (if he erred and did not pray Minchah, he prays Arvit twice). You didn’t pray Minchah, so you can pray Arvit twice, even though it’s a different day. “Harishonah Arvit, vehasheniyah letashlumin” (the first is Arvit, and the second is the makeup prayer). “Ta'ah velo hitpallel Arvit, mitpallel Shacharit shtayim” (if he erred and did not pray Arvit, he prays Shacharit twice). “Harishonah Shacharit vehabet letashlumin” (the first is Shacharit, and the second is the makeup prayer). After you say the Yotzer blessing in Shacharit and pray the Amidah, “yomar Ashrei” (he should say Ashrei) to separate the prayers, and afterward he prays the second Amidah to make up Arvit. Right? So Maran is telling you to put Ashrei between the two Amidot.
Gimel: “Ha demashlimin hatefillah shehifsid, davka bizman tefillah” (the prayer one makes up must be made up at the time of a prayer). You can only make up a tefillah at the time of a tefillah. “Aval besha'ah she'ein zman tefillah, lo” (but not at a time when it is not the time for prayer). You can’t just make up a tefillah randomly. You can only make it up along with a primary tefillah, meaning at the time of a tefillah.
Dalet: “Ein tashlumin ella latefillah hasemuchah bilvad” (one makes up only the prayer immediately preceding the current one). You can only make up one prayer that you missed: the last prayer you missed. If you didn’t pray either Shacharit or Minchah, you can make up only Minchah. You cannot make up Shacharit. You pray Arvit twice, not three times. The second Amidah is to make up Minchah. “Aval Shacharit ein lah tashlumin” (but Shacharit has no makeup prayer). You missed it. The same applies to the other prayers.
Halachah heh: Even though we just said that you can make up only the last prayer you missed, if you want to make up the other missed prayers as voluntary prayers, and add something new to each tefillah, that is permitted. We learned this yesterday. He is saying that you can pray them as nedavah (voluntary prayer), as long as you add an extra request in each tefillah. Maran advises that you keep a ledger. If a person didn’t pray for two weeks, he might have, you know, 20 tefillot that he owes. He can pray 20 Amidot as nedavah, as long as he adds something new.
Vav: If the whole day passed and you didn’t pray Musaf, there is no tashlumin. If the day passed and you didn’t pray Musaf, you missed it.
Zayin: If someone intentionally missed a tefillah, there is no tashlumin for it, even with the next tefillah. If he wants, he can pray it as nedavah. If he missed a prayer intentionally, he can pray it as nedavah, and he does not need to add something new if he prays it along with the next tefillah.
Chet: A person had time to pray but didn’t, because he thought he would still have time after finishing whatever he was doing. He miscalculated, and meanwhile the time passed. The same applies to someone who was occupied with earning money and didn’t want to suffer a loss. He lost the tefillah because of that. The same applies to someone who was drunk and didn’t pray. All of these are considered circumstances beyond one’s control, because he didn’t intentionally say, “I’m not praying.” He thought he would have more time and would pray later, but he got caught up in business because of a customer; or he got drunk, and it was beyond his control, meaning that once he was drunk, he couldn’t pray. All these cases have tashlumin. But the Rama reminds us: “Lechatchilah lo ya'avor zman tefilah mishum hefsed mamon” (ideally, one should not let the time for prayer pass because of financial loss). You shouldn’t miss a tefillah because of monetary loss. Obviously, you should choose to pray.
Tet: If a person did not pray Minchah on Friday, the eve of Shabbat, he prays Arvit twice, although it is now a different Amidah. Both are Shabbat Arvit prayers. The first is for Arvit, and the second is tashlumin. In fact, that is a chiddush (novel insight) in itself: you are making up an Amidah with a different Amidah.
The Rama says the same applies if someone did not pray Minchah on the eve of Rosh Chodesh. Let’s say you didn’t pray Minchah on the eve of Rosh Chodesh. That Minchah does not have ya'aleh veyavo, but now you have to pray Arvit twice with ya'aleh veyavo. He prays the Rosh Chodesh prayer twice. If he did not mention ya'aleh veyavo the first time but mentioned it the second time, that shows that his kavanah (intention) was for Minchah, and therefore he reversed the order. If he said ya'aleh veyavo in the first Amidah and not the second, it shows that he intended to pray the tashlumin first, so he has to pray again. But if he did not mention ya'aleh veyavo in either prayer, that is okay, because it is okay even if he forgot ya'aleh veyavo in Arvit. Or, if he mentioned it the first time but not the second, he does not have to go back. Only when it is clear that the first prayer was for the tashlumin does he have to repeat it.
Halachah yud: If you forgot Minchah on Shabbat, you pray twice on Motza'ei Shabbat: once for Arvit and once for Minchah. You make havdalah in the first one, meaning Atah chonantanu, because that Amidah is for Arvit. You do not make havdalah in the second one, because that one makes up Minchah. If you did not make havdalah in the first one, that shows that you put the tashlumin first. If you made havdalah in the second one, the second Amidah does not count for him, and he has to pray a third Amidah. The first one does not count for him. But if he made havdalah in both, or did not make havdalah in either, he has fulfilled his obligation, because neither case shows his kavanah.
Yud-alef: Let’s say a person made a mistake in the Minchah of Shabbat and prayed the regular Amidah instead of the Shabbat prayer. He prayed the 18 blessings and did not mention Shabbat. He has to pray twice on Motza'ei Shabbat. He has to make up that Amidah, even though he isn’t really going to gain anything. He already prayed the Amidah on Shabbat, but he didn’t mention Shabbat; he just prayed the regular 18 blessings. So now he will make it up by praying another regular 18 blessings without Shabbat. The point is that the Amidah he prayed does not count for anything. Since it does not count, he owes an Amidah. Therefore, on Motza'ei Shabbat, he has to pray Arvit twice. The same rule applies: he prays twice on Motza'ei Shabbat and does not make havdalah in the second Amidah. You make havdalah in the first Amidah, which is the obligation, and you don’t say havdalah in the second one, which is for Minchah.
He should pray that second Amidah as nedavah. Really, he isn’t gaining anything: he already prayed the Amidah, and all he missed was Shabbat, which he cannot add on Motza'ei Shabbat. So he isn’t accomplishing very much. There is a machloket (dispute) among the rishonim (early authorities) about this type of Amidah, so he should pray it as nedavah, and he does not need to add something new.
Maran gives another case: the same applies if he did not mention ya'aleh veyavo in the Minchah of Rosh Chodesh. Let’s say you prayed the Amidah at Minchah on Rosh Chodesh but forgot ya'aleh veyavo. We know that if you forget ya'aleh veyavo, you have to repeat the Amidah. He did not repeat it, so now he owes an Amidah. He has to pray Arvit twice. What will he gain by praying Arvit twice? He already prayed the Amidah; he just missed ya'aleh veyavo, which you cannot say on Motza'ei Rosh Chodesh. So this case is also a machloket, and he says to pray the second Amidah as nedavah.
Lastly, yud-bet: “Hato'eh umazkir me'ora she'ar yamim bitefilah shelo bizmanah lo havei hefsekah” (one who mistakenly mentions an event belonging to another day in a prayer does not interrupt the prayer). If a person mentions something in the Amidah that doesn’t belong there—for example, he prays the Amidah today and says Al Hanisim—someone might say, “What? That’s not Purim today.” He might be mixed up and think it is Purim. It does not break his Amidah. Or he says ya'aleh veyavo even though it is not the right time; it is not considered an interruption. However, if he realizes that he made a mistake while saying it, of course he should stop and not continue. It is interesting that because it is a legitimate text that he is saying, it is not considered an interruption.
Those are the twelve halachot in Shulchan Aruch. Be'ezrat Hashem, tomorrow we’ll start reading Chacham David and see some of the chiddushim that come out of these twelve halachot. We read all twelve se'ifim yesterday. Now we need to do Halachah Berurah (Clear Halachah). There’s surely a lot on this. Let’s go one case at a time. We have to get all these cases clear.
If someone erred or was prevented from praying one tefillah, the sages instituted that he make it up at the time of the next tefillah. If you didn’t say Shacharit, you pray Minchah twice. The first is for Minchah, and the second is tashlumin. If you didn’t pray Minchah, you pray Arvit twice: the first is for Arvit, and the second is for Minchah. If you didn’t pray Arvit, you pray Shacharit twice: the first is for Shacharit, and the second is for Arvit. That is straightforward.
Tefilat tashlumin is an Amidah. Keri'at Shema uvirchoteha (recitation of the Shema and its blessings) has no makeup prayer. Pesukei Dezimrah (verses of praise) has no makeup prayer. As we said, “avar zemano” (its time has passed) or “me'uvat lo yuchal litkon”—certain things you can’t fix.
If somebody was completely exempt from tefillah—for example, God forbid, somebody was an onen (a mourner before burial)—he does not have to make up the tefillah. You only have to make up a tefillah if you were obligated to pray and were then prevented from doing so. But if you did not have to pray in the first place, there is no reason you have to make it up.
Still, here is an interesting case: if someone became an onen after the time for Shacharit had begun, say he became an onen at 8:00 in the morning, the obligation of Shacharit was already upon him. Once the obligation was upon him, it temporarily goes away because he is an onen, but he has to make up the tefillah because he had been obligated. If the burial takes place after the time has passed, he has to pray Minchah twice. But some say he does not. In that case, he makes a tenai (stipulation), a tenai nedavah (stipulation that it be voluntary). He prays Minchah, and before praying the second Amidah, he says, “If I am obligated to pray this as tashlumin, it is tashlumin. If not, it is nedavah.” If the burial is at night, then no: he misses it. That’s correct. They do not wear tefillin on the first day, regardless. Once he has not worn them, and it is the day of death and burial, he does not wear tefillin for the rest of the day.
A woman who is accustomed to praying three times each day—the righteous women among us—only has to pray once a day according to the law, as we learned. If one time she forgot and did not pray, she also has tashlumin. So a woman can also pray Minchah twice if, for example, she got caught up and couldn’t pray Shacharit.
Now let’s say you have a chazan. This happens a lot. For whatever reason, a chazan did not pray Arvit; he was prevented from doing so and fell asleep. He woke up in the morning. Since he is the chazan, he could have kavanah in the chazarah that it should count as the tefillah he missed. He could have a double kavanah: he could have kavanah for the tzibbur, pray the silent Amidah, and then pray the Shacharit chazarah with kavanah to cover his Arvit.
Not only that, but he could pray with the sheli'ach tzibbur (prayer leader). The same applies to an individual who did not pray Arvit: he is permitted to pray the tashlumin for Arvit during the Shacharit chazarah. Let’s say you want to pray that tashlumin with a minyan; you can pray word for word with the chazan during the chazarah, and that can be your tashlumin.
Could he also fulfill someone else’s obligation for Shacharit, even though during his chazarah he is intending to pray Arvit? If he has kavanah for both, he has kavanah for his own Arvit and to fulfill the obligation of those who need Shacharit. As we said yesterday, if he says nesachim, he cannot fulfill the tzibbur’s obligation. Right, he has kavanah for both.
An individual who did not pray Arvit is better off praying the tashlumin himself. Technically, if he wants to listen to the chazarah, he can tell the chazan, “Listen, I need to make up Arvit because I missed it last night. When you pray the Amidah of the chazarah, have me in mind.” But he is saying it is better to do it yourself, not to rely on that, because it is hard to listen to every single word. If you talk, you ruin it. Therefore, it is better to pray it yourself.
When the sheli'ach tzibbur reaches Kedushah, he should answer Kedushah with the tzibbur, but not “Baruch Hu uvaruch Shemo.” If you are relying on the chazan’s chazarah, you can’t say “Baruch Hu uvaruch Shemo”; you just have to answer amen. That is only, again, when you did not pray Shacharit.
But if you did not pray Shacharit, you do not fulfill the obligation of tashlumin by listening to the sheli'ach tzibbur’s Minchah chazarah. Why not? Seemingly, just as I can fulfill my obligation through the Shacharit chazarah for the Arvit I missed, why can’t I fulfill it through the Minchah chazarah for the Shacharit I missed? Lechem David says, “Sorry, it doesn’t work.” Why doesn’t it work? Look at what Chida says: if someone did not pray Arvit, he can indeed fulfill the obligation of tashlumin by listening to the sheli'ach tzibbur’s Shacharit chazarah. He relies on what Maran wrote later, concerning someone who erred and did not say ya'aleh veyavo in Shacharit and intended to fulfill his obligation through the sheli'ach tzibbur’s chazarah.
Normally, we say that the sheli'ach tzibbur fulfills the obligation only for people who are not baki (knowledgeable), not for people who are baki. This person is baki. He prayed; in the first case Maran is discussing, the person prayed but forgot ya'aleh veyavo. He really prayed the Amidah; he just forgot ya'aleh veyavo, so he can rely on the sheli'ach tzibbur’s chazarah. Here, by contrast, he did not pray Arvit at all. Seemingly, that should be worse. But in any case, since he did not pray Arvit because of an error or circumstances beyond his control, it is okay. And there is another reason: tefillat Arvit is reshut (optional). Ah, that is the key. Since tefillat Arvit was originally established as reshut, we can be lenient and allow him to rely on the chazarah. That is not so with Shacharit, which is an obligation; we will not let you rely on the chazarah. The same applies to Minchah. The point is that only for tefillat Arvit can we allow you to rely on the sheli'ach tzibbur’s Shacharit chazarah, which is a big chiddush. But not for Minchah, because Shacharit is an obligation. The chazarah should not fulfill the obligation of those who are baki. Pray yourself. That is the big chiddush here.
Someone who comes to pray tefillat tashlumin must first pray the tefillah that is his obligation. We do the obligation first, and then the tashlumin. If, for example, you missed Shacharit, you pray Minchah twice. The first is for Minchah, and the second is for Shacharit. If you reversed the order—even just in your thoughts, without saying so verbally, and even inadvertently—and prayed the first one for tashlumin and the second for the obligation, the second one fulfills the obligation, and then you have to pray a third one.
In any case, if you reversed the order only in your thoughts, Lechem David writes that it is better to make a tenai. Some say that having the thought already does not ruin it; some say it is only a problem if you actually said, “This is my tashlumin first.” If you only thought it, some say you are fine. So he says to pray again, but make it a tenai nedavah.
If he prayed two tefillot without specifying, and without thinking about which one was which, then we say Hashem will arrange the kavanot for him. If you left it unspecified, the Creator will write the check.
Here is a beautiful case. Someone forgot or was prevented from praying Shacharit and prayed Minchah twice. In the first tefillah, he forgot to say barech aleinu or ya'aleh veyavo. Now this person is really in trouble. The law is that he has to go back, but it is enough for him to go back and pray one tefillah for the purpose of making that tefillah his Minchah. It is better for him to go back and also pray the tashlumin tefillah with a tenai nedavah.
So a person who forgot or was prevented from praying Shacharit prayed Minchah twice. Then he realized, “Whoa, I forgot ya'aleh veyavo in my first Amidah.” Now he has to pray that first Amidah again. But that means the tashlumin came before the obligation, so he has to do it again: four Amidot. What a guy! “Halavai sheyitpalel adam kol hayom” (if only a person would pray all day). But he says that’s it; it’s a Guinness World Record. The guy prayed four Amidot in a row. The point is, it’s not Yom Kippur. The point is that he should pray it as nedavah, meaning with a tenai, because some say he prayed them in order. He just forgot ya'aleh veyavo and is now putting that prayer at the end. Some say that is okay, but he should make a tenai nedavah.
If someone was prevented from praying Arvit and then delayed praying Shacharit until after the fourth hour from the beginning of the day, he should pray the Arvit tashlumin with a tenai nedavah. We know that the time for Shacharit is until four hours. Let’s say he did not pray Arvit, and now it is after the fourth hour of the day. He prays the Arvit tashlumin with a tenai nedavah. We know that until midday he gets reward for prayer, but not reward for praying at its proper time. Therefore, after four hours he can pray the Arvit, but as a tenai nedavah.
If that happens on Shabbat, you are stuck, because on Shabbat you are not allowed to pray nedavah. If a person forgot Arvit on Friday night and now it is Shabbat morning, after the fourth hour, have a good day. That is a problem. There is no nedavah on Shabbat. These are great cases.
If the person did not pray Minchah and then delayed praying Arvit until midnight, he still has tashlumin all night. You can pray Arvit all night; there is no cutoff. That is for Shema. Whether he prays Arvit and the Minchah tashlumin after midnight, or prays Arvit before midnight and the Minchah tashlumin after midnight, that is fine. I don’t care if you prayed Arvit after midnight; you can make up Minchah after midnight. It is not like Shacharit. You cannot make up Shacharit after four hours, but with Arvit, you can make up Minchah even after midnight, because you have all night.
If someone forgot Shacharit and delayed praying Minchah until close to sunset, here is the case: he is praying Minchah right before the time ends and won’t be able to pray two tefillot, because by the time he gets to the second Amidah, the time will be over. He prays Minchah, because that is the obligation, even though by doing so he will lose the Shacharit tefillah entirely, since it will no longer be possible to pray the tashlumin.
I would have argued: in this case, maybe pray the tashlumin first and then pray Minchah, and you can keep the ball moving. But they can’t do that. You have to pray the obligation first. Therefore, even in a case where praying the obligation first means that you will lose the tashlumin entirely, they are saying you can’t intentionally miss the obligation. You never miss it on purpose. There is no makeup for that. Yes, but here I would have no choice; it’s like circumstances beyond my control, because if I pray the obligation, I lose my tashlumin. I would have thought that maybe I’m like someone who is prevented from praying. But to fix it—“It’s not okay, but I want to fix it”—by praying this obligation, I can’t fix it anymore. Kaparat avonot (atonement for sins), sorry, you can’t fix it.
If someone forgot Arvit and prays Shacharit twice, he should say Ashrei before the tashlumin. The rule is that if you did not pray Arvit and now want to pray Shacharit twice, you should not pray two Amidot literally one after the other. You should put Ashrei between them. According to some poskim (halachic authorities), even when one prays Shacharit tashlumin at Minchah, or Arvit tashlumin at Minchah, he says Ashrei before the tashlumin. However, according to some of the mekubalim (mystics), one should not say Ashrei after Minchah at all, whether praying Minchah twice or Arvit twice. It is enough to sit for a little while between the prayers.
When someone prays Shacharit twice, there are different opinions. In practice, when a person is praying Shacharit twice today, after the first Amidah, when does he add the second one? Does he miss the chazarah? What about viduy (confession)? What about Ledavid? One opinion is that he prays the tashlumin immediately after the obligatory tefillah, before viduy and nefilat apayim (the falling on one’s face). Another opinion is that he first says viduy and nefilat apayim, and afterward prays the tashlumin. Those are both options.
You might say that Shacharit is the obligation, but you are really making up Arvit, which is reshut, so you should have no problem using the chazarah at that point. No, you can, but that is another option too. He is discussing someone who wants to pray by himself. Even if you are losing a kaddish or an amen? Right, you can pray immediately. In any case, he should not interrupt or wait a long time. The point is that you shouldn’t delay too much. Either pray right away or after viduy, since viduy is connected to the tefillah. After finishing the Arvit tashlumin, continue: say Ashrei, Lamnatze'ach, Uva Letziyon, and finish the tefillah.
Ideally, it is proper to pray the tashlumin immediately after the obligatory tefillah, as we are about to say. You really shouldn’t have too much of a break in between. After praying the obligation, you should not first eat. Technically, you might say, “Beautiful, I prayed Shacharit; now I’ll have breakfast, and then I’ll pray the tashlumin.” No, no, no, no, Rabotai.
In any case, after the fact, if he interrupted to do other things—for example, he went to work, went to eat, or did something else—even if he delayed for a long time, he may pray the tashlumin as long as it is still the time for the primary tefillah. A person prayed Shacharit, didn’t know the halachah, and said, “Beautiful.” He went downstairs, had breakfast, they sang pizmonim (liturgical songs), and he did everything. Now he comes upstairs and says, “I’m going to pray my tashlumin now.” “You ate breakfast first?” After the fact, they tell him, “Don’t do that again. Next time, pray them back-to-back.” But after the fact, you are okay. He should make a tenai first, because since he delayed, he should make a tenai nedavah.
The rule we mentioned—that ideally he is not permitted to interrupt between the obligatory tefillah and the tashlumin—applies even if he wants to finish saying Ashrei and Uva Letziyon. Let’s say he isn’t going to have breakfast; he just wants to finish his tefillah. He wants to pray Shacharit, finish Uva Letziyon, and then go do whatever he wants. He shouldn’t do that either. The most he should wait, as we said, is until after viduy, and then he should pray the tashlumin. He should say Ashrei and Uva Letziyon after the tefillah. Again, that applies even if he only intends to finish his prayer.
According to the basic law, one makes up only the tefillah immediately preceding the obligatory tefillah. But if he missed more than one tefillah, as we discussed yesterday, then according to the basic law he can make up only the last one. For example, if a person was sick in the hospital and couldn’t pray for a week or so, he doesn’t pray Minchah three times or four times. The same applies if he didn’t pray Arvit.
In any case, here is the chiddush: if he wants to make up even several tefillot that he missed, one after another, he is permitted to do so, and it is proper. Keep track of them. Before he makes up a tefillah, he should make a tenai. Say, “If I am obligated, I am obligated; if not, let it be nedavah.” He has to add something new to these tefillot.
There was a man who would run on Shabbat from shul to shul to hear kaddish. His custom was to go from netz hachamah (sunrise) until the last minyan of Shacharit, whether on Shabbatot or weekdays. He was a serious guy, a talmid chacham (Torah scholar). People wondered what he was doing. He had a ledger with him and kept track, marking things off. They asked him what had happened. He said, “Lo aleinu” (may it not happen to us), he had been in the Holocaust, and for four years he hadn’t heard kaddish. He kept an exact record of how many kaddishim he had missed. So now he went around to make sure he caught all those kaddishim. These are great tzadikim (righteous people); they don’t want to miss out.
Here you have guys who walk out in the middle of a kaddish. They can’t even stay for the kaddish they are already in; they run out and don’t even answer amen. So, regarding tefillot, he is saying it is good to keep a ledger, so that at the end of 120, all your tefillot are recorded and you didn’t miss any. But you have to add something new to each one. In this case, you have to add something new. Could there be a situation where you don’t have to add something new? Everything is new every second in life: thoughts and feelings. Well, that is a chiddush. That is a chiddush.
When someone makes up several tefillot one after another, he first makes up the prayer immediately preceding the present one, and afterward the one before that. With your kavanah, you always go backward. You start with the one you missed yesterday, then the day before. You don’t start by making up the one from a year ago. You make up yesterday’s tefillah first and work backward: “Now I’m making up Shacharit of Tuesday; now I’m making up Arvit of Monday night; now I’m making up Minchah of Monday afternoon; now I’m making up Shacharit of Monday morning; now I’m making up Arvit of Sunday night.” You work your way backward until the first tefillah you missed.
The rule we mentioned—that if someone missed several tefillot, he is permitted to pray them with a tenai nedavah and add something new—applies when this happens on a weekday. On Shabbat, when one does not pray nedavah, he is permitted to make up only the tefillah immediately preceding it. Therefore, he should wait until after Shabbat to make up the other tefillot, praying them as nedavah and adding something new. You can’t do this on Shabbat, because you’re not allowed to pray nedavah on Shabbat. But you can wait until after Shabbat and then pray them as nedavah.
If someone did not pray Musaf, that is a problem. There is no tashlumin for Musaf. Similarly, if he did not pray Shacharit or Musaf, and midday passed, he cannot make up Shacharit by praying Musaf twice. Musaf is not a regular tefillah; it is a korban (offering).
If someone forgot or was prevented from praying Shacharit on Shabbat or Rosh Chodesh, and then prayed Musaf, he can still pray Shacharit, as long as it is still its time. Let’s say someone did not pray Shacharit and prayed Musaf; he can go back and pray Shacharit. That is if the time is still precisely right.
If someone prayed Musaf and then forgot or was prevented from praying Shacharit until its time had passed, he still prays Minchah twice. You might argue that it is not the next prayer, because he prayed Musaf in between. The teaching is that Musaf does not break up the sequence. When we say “immediately preceding,” we mean immediately preceding among similar types of tefillot. And not only that: Musaf does not break up Shacharit, because Shacharit and Minchah are similar tefillot. Musaf is an exception, so it does not break them up.
No, Minchah is still available. Right, but you still have time for Musaf. If you woke up at Minchah time, you still have time for Musaf. You have until sunset for Musaf. So technically, you’re still okay.
Similarly, if someone did not pray Arvit and only realized after praying Musaf, he makes up the Arvit tefillah. Musaf is not considered an interruption between the Arvit tashlumin and Shacharit, which is the tefillah immediately following it. The person didn’t pray Arvit, then prayed Musaf the next morning. Now he can go back and make up Arvit, even though Musaf was in between.
Similarly, if someone forgot or was prevented from praying both Shacharit and Musaf, and realized immediately after midday, he can no longer pray Shacharit because its time has passed. He has to pray Minchah twice. On the other hand, he cannot yet pray Minchah, because its time begins half an hour after midday. He is really in no man’s land. Exactly. So he should pray Musaf, then go pray Minchah, and then make up the missed prayer. Right, he prays Musaf first; he starts the day with Musaf, and then goes to pray the tashlumin.
No, at twelve o’clock you can’t. From twelve to twelve-thirty you’re nowhere, as you said. But you can’t pray the tashlumin before the obligation. I understand. And you can pray only at the time of the obligation; you have to pray it at the time of the obligation too. So you have to pray it during the time of the obligation, and there is no time for it yet.
If someone did not pray Shacharit or Musaf, the rabbis today have to know all these cases by heart. When the question comes up, they have to know it. If he did not pray Shacharit or Musaf until the time for Minchah arrived, he should pray Minchah first, I guess because Minchah is more frequent, and afterward he should pray Musaf and then the tashlumin. What a beauty.
If someone forgot to mention ya'aleh veyavo in the Shacharit of Rosh Chodesh—Musaf, yes, for sure. Two obligations, then you… The point is, right. So you do the two obligations, and then go back to the tashlumin. Right, you do the two more frequent prayers.
Then he says: if someone forgot to mention ya'aleh veyavo in the Shacharit of Rosh Chodesh and realized only after praying Musaf, he has to pray Shacharit again because he forgot ya'aleh veyavo, but he already prayed Musaf. Let him stand and pray Shacharit after Musaf, since it is still the time, in order to mention ya'aleh veyavo.
Now we get to this; this is a big one. If someone was prevented from praying the tefillah of ne'ilah (closing prayer), is there tashlumin for ne'ilah? So Chacham Ovadiah—right, Chacham David says that he does not pray Arvit twice, because just as there is no tashlumin for Musaf, there is no tashlumin for ne'ilah.
If I’m not mistaken, Chacham Ben Tzion Abba Shaul has a big discussion about this in Otzrot Yosef, siman gimel. If I’m not mistaken, Chacham Ben Tzion wrote in Or Letzion that there is tashlumin. Maybe in bet. I’m sure he’ll quote Chacham Ben Tzion. They say it was a mistake. They say it was a mistake. Let’s see if he quotes Chacham Ben Tzion.
He writes: “Vezichroni shelifnei kamah shanim nasati venatati badavar bifnei hagaon Rabbi Ben Tzion Abba Shaul vehe'arti midivrei haRashba veharishonim” (I remember that several years ago I discussed the matter in front of the great Rabbi Ben Tzion Abba Shaul and showed him the words of the Rashba and the early authorities). I showed him rishonim who say you cannot make up ne'ilah, and the Sheva Tosafot, which give other reasons regarding Musaf. “Ein hachi nami defaligi ateimeih deRashba” (indeed, they disagree with the Rashba’s reasoning). He answered that he had not seen the words of the Rashba. In any case, in his opinion, Tosafot disagree with the Rashba, and he holds that there is tashlumin. Since there is a machloket among the rishonim about this, one must make a tenai nedavah. He told me that he would instruct them to correct his book in the next edition and say that one should make a tenai nedavah.
When they wrote my book again, they should add that. Here, he doesn’t say to pray the tenai nedavah. What does he say here? This question is about—I don’t know if this is the one. Is it the question about whether you can pray Arvit after four hours? Let’s see what he says. We know he discussed it. Chacham David said he discussed it. We had all these pieces here.
He writes: Tosafot Berachot say, “Lo ba'ei im ta'ah velo hitpalel tefilat Musaf deha vadai eino mitpalel be'Arvit” (there is no question about one who erred and did not pray Musaf, because certainly he does not pray it at Arvit). How would he say the korbanot? He can’t, so that is done. “Avar zemano batel, avar zemano batel korbano” (when its time has passed, its offering is lost). They also did not institute the seven blessings of Musaf except because “neshalmah farim sefateinu” (our lips will take the place of bulls). In this case, the time has passed and the offering is lost. “Ushe'ar tefilot derachamei ninhu” (the other prayers are prayers for mercy). “Arba'im tzlotah tzali ve'azil kulei yoma ve'ein kan avar zemano” (a person can pray throughout the day, and here the time has not passed).
Several rishonim wrote the same. So it sounds as if this applies only to Musaf, while ne'ilah, which is a prayer for mercy, seems as if it could be made up. There are no korbanot in ne'ilah, so it sounds as if, according to Tosafot, it should be okay. That is what he quotes from Tosafot.
But in the Rashba, after giving the reason that the time has passed and the offering is lost, he writes, “Ve'od nireh hata'am, dechol tefilah shehi nosefet machamat me'ora hayom” (another reason seems to be that any prayer added because of the day) “ein ra'ui lehashlimah beyom acher” (is not suitable to be made up on another day). That takes ne'ilah out of the picture. That is the Rashba; that is the inference from the Rashba.
He then says that after he had written all this, Yabia Omer, volume seven, was printed, and it argued against the aforementioned Or Letzion. Where was Chacham Ben Tzion’s discussion? It is in volume one, Orach Chayim, siman mem. Here he says there is tashlumin for Minchah and ne'ilah. “Venireh le'aniyut da'ati sheyachol lehashlim tefilat Minchah vene'ilah shel Yom HaKipurim bitefilat Arvit veyitpalel Arvit shtayim o shalosh pe'amim kedei lehashlim hatefilot shehifsid” (it seems to me that one can make up the Minchah and ne'ilah prayers of Yom Kippur with Arvit, praying Arvit twice or three times to make up the missed prayers). He allows a person to pray three tefillot. The person missed Minchah and ne'ilah and now wants to pray Arvit three times. How can he pray three? “Vera'ayah lazeh mehaTosafot shekatvu de'im ta'ah velo hitpalel Musaf ha vadai eino mitpalel be'Arvit shtayim” (the proof is from Tosafot, who wrote that if someone erred and did not pray Musaf, he certainly does not pray Arvit twice). Tosafot say that he cannot say the korbanot, and that they instituted the Musaf blessing only because “neshalmah farim sefateinu”; the time passed and the offering is lost. This implies that if not for those two reasons, he would pray Arvit twice to make up Musaf.
Even though the order of the prayers puts Musaf before Minchah, and Musaf is technically before Minchah, in any case it would be possible to make up Musaf with Arvit, even if he prayed Minchah in between. We do not say that one can make up only the prayer immediately preceding it. The reason is that, after the fact, Musaf can be prayed until evening. Since Musaf and Minchah are both within their times, they are considered connected to Arvit. That is his reasoning. But he does not answer the Rashba’s issue.
So Chacham Ovadiah, in Yabia Omer, comes along and quotes Chacham Ben Tzion, saying that he didn’t write the book. He goes strongly against him. He asks, “How can there be tashlumin?” Fine, but Chacham David argues that at least one should pray as nedavah, because some rishonim hold that one can. Seemingly, the question still needs discussion, according to all this, whether one can pray the Arvit tashlumin for ne'ilah as nedavah, because there is a doubt. That is what Chacham Ben Tzion said should be added when the book is reprinted, so we should print it. How do we do him the favor? He told Chacham David to do it, so we’ll do it for him here.
Looking in the sefer—what is it called? Halachah Berurah? Halachah Berurah. Which volume is it? I think it’s vav. Vav. In Otzrot Yosef, at the end of the sefer, page yud, it says that in the final years of the Gerbatz, he ruled that one should pray the tashlumin for ne'ilah as a tenai nedavah. Okay, after that, fix the book! The next person will be grateful to see the real opinion.
He says here that he had not seen the words of the Rashba. In any case, in his opinion, Tosafot disagree with him, and he holds that there is tashlumin for ne'ilah. Since there is a machloket, one must make a tenai nedavah. They told me he would instruct them to correct Or Letzion and say that one should make a tenai nedavah.
Now let’s see whether Chacham David came out that way. Chacham David himself says that someone who was prevented from praying ne'ilah does not have to pray Arvit twice. He does not have to pray Arvit twice. But what about nedavah? In the book, he says that if someone was prevented from praying ne'ilah until nightfall, he does not pray Arvit twice, because just as there is no tashlumin for Musaf, there is no tashlumin for ne'ilah. He doesn’t even give you the option of nedavah. He is following the Rashba. The Rashba and many rishonim. If you follow Tosafot and Chacham Ben Tzion, what difference does it make to you?
Okay, Rabotai, we’ll stop here. Baruch Hashem le'olam amen ve-amen (Blessed is God forever, amen and amen). Nice cases.