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Lemaan Yishmeu (Halacha Institute) · Episode 255 · 22 Sivan 5785 · 35:37

Tefillas Tashlumin - Rabbi Avraham Mizrachi shlita

Episode description

In this class, Rabbi Avraham Mizrachi shlita will explain the laws of make-up prayers: who is obligated to say them, when a missed prayer can be made up, at what point in the prayer service this is done, making up a prayer on special dates, voluntary prayers, and more... To visit the Machon Halacha website, click here. For hundreds more video classes, visit the 'Halacha Media' website. For our YouTube channel, click here.

Machine translation into English of the automatic Hebrew transcript.

00:02 Speaker 1 You’re listening to the “Lema’an Yishme’u” podcast from Machon Halacha Chabad.

00:09 Speaker 2 In this class, with Hashem’s help, we’ll continue our study of the laws of prayer. This class will focus on the laws of making up a missed prayer. Our Sages instituted that someone who did not say a particular prayer has another opportunity to make it up. We’ll go through the details of this law: who is obligated to make up a prayer, when it must be said, which prayer can be made up, and what the law is for someone who missed a prayer deliberately, was preoccupied, or was under the influence of alcohol at the time of prayer and could not pray. We’ll also discuss making up prayers on Shabbos and Rosh Chodesh. Let’s begin with the first question: who is obligated to make up a prayer? The halachic definition is someone who made a mistake or was prevented by circumstances beyond their control from saying one of the daily prayers. What does “made a mistake” mean? For example, someone thought he had already prayed when he had not. This can happen to a person who regularly prays with a particular minyan but, on a certain day, did not pray with that minyan. Without his usual routine to remind him, the time for prayer passed. He thought he had prayed, but it turned out that he had not. Another example is someone who mistakenly failed to pray. This can happen because of a lack of halachic knowledge: a person prayed but made a mistake in his prayer that required him to repeat it. He did not know that law, so he did not repeat the prayer. Meanwhile, its time passed and the time for the next prayer arrived. These are common examples of someone who made a mistake and did not pray. There are also situations in which halacha defines a person as having been prevented from praying by circumstances beyond his control. For example, someone could not pray at the proper time because, G-d forbid, he was ill. He was not well enough to pray,

02:42 Speaker 2 Or perhaps he himself was able to pray, but his surroundings did not allow it. As we learned in earlier classes, the place must be suitable for prayer. If the place was not suitable and for that reason he did not pray, he was prevented from doing so. Or a person was so preoccupied with certain concerns that he could not pray at the proper time. A common, classic example is someone traveling who planned to reach a place where he could pray on time, but traffic and road conditions prevented him from getting there. He is occupied with driving and cannot pray, and cannot even pull over to pray. There are situations where the road conditions do not allow that. He wants to pray, but his circumstances do not allow him to. He is considered to have been prevented from praying, and we’ll explain the law that applies to him later. Another example that halacha treats as someone prevented from praying, who must say an additional prayer to make it up, is a person who could not pray because he was drunk. For example, the time for prayer arrived and someone felt like saying a little l’chaim before praying. He was sure he had plenty of time: before the time for prayer ended, he would certainly sober up and pray. But in practice, he drank, got carried away, and by the time the window for prayer was closing, the drinking had affected him. When he remembered to pray, there was not enough time for him to sober up and pray properly, so he could not pray. Although he had apparently begun drinking knowingly when it was already time to pray, the reason he ultimately missed the prayer was that the drinking left him unable to pray. He is therefore considered to have been prevented from praying. He may make up the prayer, and in fact must make it up at the next prayer. A similar example is someone preoccupied with his affairs,

05:06 Speaker 2 Even if he began attending to them after the time for prayer had arrived—which is not the right thing to do. When the time for prayer arrives, a person should attend to prayer, not turn to unrelated business. Nevertheless, he went about his errands and concerns, went into the bank to take care of things, and so on. He was sure he would keep prayer in mind, stop what he was doing to pray, and then continue. That was his original plan. But in practice, he got caught up in his affairs and became so absorbed in them that he forgot about prayer. By the time he remembered, after finishing what he was doing, the time for prayer had already passed. Again, the point is that he did not pray because he forgot, for one reason or another. Even though he chose to involve himself in those activities during the time for prayer, since the actual reason he missed the prayer was forgetfulness, he is considered to have been prevented from praying. He may, and must, make up the prayer. This is different from someone who is considered to have missed it deliberately. A person who deliberately did not pray cannot, strictly speaking, make up the prayer. “Deliberately” means dismissing it without any valid reason at all. He knew it was time to pray and was able to pray, but chose to put it off: “I still have time. I’ll carry on and pray later.” In practice, the time for prayer passed and he had not prayed. This is considered deliberate because he put off the prayer dismissively, treating it lightly. He cannot make up the prayer he missed. So far, we’ve defined who is obligated to make up a prayer and who is not. In the next section, with Hashem’s help, we’ll discuss when a prayer can be made up. We are talking about the three daily prayers: Maariv, Shacharis, and Mincha. If someone did not say Maariv for one of the reasons we mentioned in the previous section, and the time for Shacharis has arrived, at that prayer

07:46 Speaker 2 He makes up the Maariv prayer of the previous night. Strictly speaking, it is not possible to make up several missed prayers. In other words, if someone forgot Maariv and also forgot Shacharis, we do not say that at Mincha he should make up both Maariv and Shacharis by praying three times. That is not how it works. The obligation and the opportunity to make up a prayer apply to one prayer, and only at the prayer immediately following the one that was missed. A missed Maariv is made up at Shacharis; a missed Shacharis is made up at Mincha; and a missed Mincha is made up at Maariv. But if, for example, someone forgot both Shacharis and Mincha, he can no longer make up Shacharis at Maariv, because another prayer has passed in between. Mussaf is an exception. If someone prayed neither Shacharis nor Mussaf, he can still make up Shacharis at Mincha. Mussaf, as its name indicates, is an additional prayer. It is not part of the sequence of Shacharis, Mincha, and Maariv, so we do not count it as another prayer having passed. Only Shacharis has passed, and he can still make it up at Mincha. In practical terms, at what point in the service does he make up the prayer he missed? If he forgot Maariv and is to make it up at Shacharis the next morning, then if he is praying alone, he says the entire Shacharis service as usual. He says the Shemoneh Esrei and also Tachanun, including Nefilas Apayim. When he reaches Ashrei in the Ashrei U’va Letziyon section, he says Ashrei and then says an additional Shemoneh Esrei to make up for the previous night’s Maariv. The reason is that we want some separation between the two Amidah prayers. Strictly speaking,

10:32 Speaker 2 The time it takes to walk four amos is the minimum pause between one Shemoneh Esrei and the next. Beyond that, we also want to gain what we discussed in earlier classes: one should begin the Amidah after reciting comforting verses from the Torah, so that a person enters prayer with joy. The psalm “Ashrei yoshvei veisecha,” “Tehillah LeDavid,” is suited to that. In Shacharis, we already say Ashrei after Shemoneh Esrei, before Uva Letzion. So after saying that second Ashrei in Shacharis, one says the Amidah to make up for the previous evening’s Maariv. Likewise, if Shacharis was the prayer he missed, then at Mincha he says the regular Mincha prayer—Ashrei and Shemoneh Esrei—and before saying a second Shemoneh Esrei to make up Shacharis, he says the psalm “Ashrei yoshvei veisecha.” The same applies at Maariv. However, the Alter Rebbe offers a sort of compromise regarding saying Ashrei after Mincha and after Maariv, where there is a dispute between the straightforward approach and the Kabbalists: he says to recite “Ashrei yoshvei veisecha” as one reading Torah, not as an obligation. Another point: if he is praying Shacharis with a minyan, and he repeats Shemoneh Esrei right after Ashrei as we said one does when praying alone, the congregation will meanwhile continue with the prayers and say Kaddish and so on, and he will not be able to respond. So the proper thing is to finish all of Shacharis, including the Kaddishes, and only afterward say the Shemoneh Esrei with which he is to make up the preceding Maariv. There is another way to say the second Shemoneh Esrei, and it is useful when, for example, he needs to make up Shacharis at Mincha, and the first Mincha Shemoneh Esrei he says is already close to sunset. It may happen that if

12:47 Speaker 2 he wants to say another Shemoneh Esrei after the first, it will already be during sunset. So the recommendation in such a case is either that he himself serve as shliach tzibbur, in which case the repetition he leads counts as his make-up prayer. Of course, in that case he also needs to say “Elokai netzor” and take three steps back, because this counts as his personal Shemoneh Esrei making up Shacharis. Another option, if he is not the shliach tzibbur, is to say the repetition word for word along with the shliach tzibbur. That is, in effect, his second prayer, the make-up prayer for Shacharis. If none of this is possible because time is very tight, he should pause for the time it takes to walk about four amos and pray Shemoneh Esrei again. All this concerns exactly where the make-up prayer fits into the next prayer—Shacharis making up Maariv, and so on. In Shacharis, for example, when a person comes to make up the preceding prayer, the emphasis is that the two prayers should be close together. On the one hand, we said there must be some pause between one Amidah and the next. But on the other hand, it should not happen that a person prays the current prayer, a long time passes, and only then does he remember that he needs to say another Shemoneh Esrei for yesterday’s prayer that he missed. That is not proper. The make-up prayer needs to follow closely after the preceding prayer. The reasoning is that the whole possibility of making up the earlier prayer exists because he is already praying the obligatory prayer of the day. So while praying that obligatory prayer, he can make up the earlier prayer—or prayers—that he did not say. But if a long time has passed—and the definition of a long time is the time it takes to say the entire prayer, or an hour or two—if that much time has passed,

15:01 Speaker 2 he can no longer make up the earlier prayer, because he has gone too far beyond the time of the current prayer. We mentioned Musaf in the earlier sections. Musaf also differs from the other prayers in several respects. For one thing, after the fact, its time extends all day until sunset. But if someone did not pray Musaf, has already prayed Mincha, and finished Mincha at sunset, and then realizes he did not pray Musaf, there is no way to make up Musaf. We do not say that he should pray Maariv twice to make up for Musaf. Why? Because Musaf differs from the other prayers. The other prayers are primarily requests and supplications. And when a person makes supplications, he can do so all day—if only a person would pray all day long. But Musaf was instituted primarily because of the additional Musaf offering, in order to mention the verses about that offering. Here the rule applies: once its time has passed, its offering is void. So again, if a person prayed Mincha but not Musaf, and there is still time in the day to pray Musaf because the sun has not yet set, he should pray Musaf even though he has already prayed Mincha. But if it is now no longer possible to pray Musaf, there is no make-up prayer for it, because the whole point of Musaf is the Musaf offerings, and once their time has passed, their offering is void. Even when moving from Shabbos to a weekday, or the reverse, from a weekday to Shabbos, one can certainly make up a prayer, even if the wording is not the same as that of the prayer he missed. For example, someone did not pray Mincha on Friday—weekday Mincha, of course—and Shabbos has arrived, and it is time for Friday-night Maariv. He must pray the Amidah

17:59 Speaker 2 of Friday-night Maariv twice. The first time is his obligatory Friday-night prayer, and the second time he makes up the Mincha he missed on Friday. This is so even though the texts differ and the number of blessings differs. Since Shabbos has now begun, the prayer said now is the Shabbos prayer. He says it twice: the first time for the Shabbos prayer, and the second time as the Shabbos prayer in place of the Mincha he forgot. The reverse is also true. If he missed Shabbos-afternoon Mincha, and the time for Maariv on Motzaei Shabbos has arrived, he again prays Motzaei Shabbos Maariv twice. Once for Motzaei Shabbos Maariv, which is the current prayer, and then another Shemoneh Esrei, with eighteen blessings. Even though the Shabbos Mincha he missed has only seven blessings, he says the entire weekday Shemoneh Esrei to make up the Shabbos Mincha he forgot. Here we need to pay attention to something very important. When a person makes up a prayer—we mentioned this earlier, and we will emphasize it again—he first prays the current obligatory prayer. Once he is praying an obligatory prayer, he can also make up another prayer he missed along the way. But not the reverse: he cannot first say the make-up prayer and only afterward pray the obligatory one. That does not work. Sometimes this has a practical halachic consequence, as in the case we will discuss now. We mentioned someone who did not pray Shabbos Mincha and needs to pray Motzaei Shabbos Maariv twice. And we know that in the Motzaei Shabbos prayer there is the addition of

20:09 Speaker 2 Atah Chonantanu, which is the distinction between sacred and ordinary time in the prayer. He should say Atah Chonantanu in the first Shemoneh Esrei he prays, which is the Maariv prayer of Motzaei Shabbos. But when he says Shemoneh Esrei a second time to make up for Minchah, he does not say Atah Chonantanu. The reason is very simple. First, he is saying this Shemoneh Esrei for Shabbos Minchah; and second, there is no reason to say Atah Chonantanu twice. Once you have said Atah Chonantanu in the first Shemoneh Esrei, you have made the distinction between sacred and ordinary time. By saying it once, you have already entered ordinary time. Now, if a person deliberately reverses the order and, in his first Shemoneh Esrei on Motzaei Shabbos, does not say Atah Chonantanu because he thinks he should first make up the prayer he missed—Shabbos Minchah—then, in his thinking, there is no reason to say Atah Chonantanu in a prayer for Shabbos, so he leaves it out. In his second Shemoneh Esrei, he does say Atah Chonantanu for the distinction made on Motzaei Shabbos. Since he knowingly reversed the order, saying the makeup prayer first and the obligatory prayer afterward, the makeup prayer does not count. He must pray Shemoneh Esrei a third time, as the makeup prayer, without Atah Chonantanu. So the prayers that count are his second prayer, with Atah Chonantanu—which is Maariv for Motzaei Shabbos—and his third prayer, without Atah Chonantanu, which makes up for Shabbos Minchah. If his mistake in these Motzaei Shabbos prayers was different—for example, if he said Atah Chonantanu both in the first and

22:26 Speaker 2 in the second, or, alternatively, did not say Atah Chonantanu in either one—he does not need to go back and say another prayer. From here, let’s move on to a few more complicated cases involving makeup prayers. For example, on the night of Rosh Chodesh, one is supposed to pray Maariv with Yaaleh Veyavo, of course. In the case before us, the person did not pray Maariv on the night of Rosh Chodesh at all. I’m not talking about someone who prayed and forgot Yaaleh Veyavo; we’re talking about someone who skipped the entire Maariv prayer that night. When Shacharis on Rosh Chodesh arrives, he is supposed to pray Shemoneh Esrei twice: the first time for Shacharis, and the second to make up for Maariv. What happens if this person forgets Yaaleh Veyavo in his makeup prayer, the second time he prays Shemoneh Esrei at Shacharis? We have a dilemma. On the one hand, this prayer is meant to make up for Maariv on the night of Rosh Chodesh, and we know that if someone forgets Yaaleh Veyavo on the night of Rosh Chodesh, he does not repeat the prayer. So we might have thought that since this is a makeup prayer for Maariv, leaving out Yaaleh Veyavo is not a problem. But that is not the halachah. Since he is making up the prayer now, during the day of Rosh Chodesh, and on Rosh Chodesh day one is obligated to mention Rosh Chodesh in every prayer, he must pray a third time and say Yaaleh Veyavo. Even though this second Shemoneh Esrei was making up for Maariv, that does not change the fact that he is now praying during the day of Rosh Chodesh and did not say Yaaleh Veyavo. Another interesting case is similar to the one we mentioned earlier regarding Atah Chonantanu. What happens when a person did not pray Minchah on the eve of Rosh Chodesh? That prayer does not include Yaaleh Veyavo, of course. Rosh Chodesh has not

25:02 Speaker 2 begun yet, but he did not pray that Minchah at all. He needs to pray Maariv on Rosh Chodesh twice: the first time for Rosh Chodesh Maariv, and the second to make up for the Minchah he missed on the eve of Rosh Chodesh. Ideally, of course, he should say Yaaleh Veyavo both times: in the first Maariv, for Maariv itself, and in the second, which makes up for Minchah on the eve of Rosh Chodesh, even though he would not have said Yaaleh Veyavo in that Minchah. Since it is now Rosh Chodesh, he follows the Rosh Chodesh text and says Yaaleh Veyavo twice. What happens if he did not do it properly and did not say Yaaleh Veyavo both times? We distinguish between the cases using the same reasoning we applied to Atah Chonantanu. If he did not say Yaaleh Veyavo in either the first or the second prayer, he does not repeat them. The familiar rule is that if Yaaleh Veyavo is omitted from Maariv on the night of Rosh Chodesh, one does not repeat the prayer. That is because the night of Rosh Chodesh is not the time for sanctifying the new month, so after the fact, one does not repeat the prayer for having omitted Yaaleh Veyavo. Thus, in our case, where he did not say Yaaleh Veyavo in either Maariv prayer, he does not repeat them. If he said Yaaleh Veyavo in both, he did it correctly. But what if he reversed the order? In his first Maariv prayer, he did not say Yaaleh Veyavo because he thought he should first make up Minchah from the eve of Rosh Chodesh, which did not include Yaaleh Veyavo. Then, in his second Maariv prayer, he did say Yaaleh Veyavo, thinking he was now praying the prayer due at that time. Once again, the ruling we discussed for Motzaei Shabbos applies: since he reversed the order and prayed the makeup prayer before the obligatory prayer, the makeup prayer does not

27:01 Speaker 2 count, and he must pray Maariv on the night of Rosh Chodesh a third time. To sum up, his middle prayer, with Yaaleh Veyavo, counts as Maariv for Rosh Chodesh, followed by another Maariv prayer. Ideally, of course, he should say Yaaleh Veyavo in that prayer too. If he forgets it the third time, it is not a problem, because if one forgets Yaaleh Veyavo on the night of Rosh Chodesh, one does not repeat the prayer. In principle, the subject of a voluntary prayer has its own section in the Shulchan Aruch, section 107. We’ll explain the basic idea, since it also relates to our topic. When the Beis Hamikdash stood, in addition to obligatory offerings—both communal and individual—there were voluntary offerings. If a person wanted to bring an offering voluntarily, an olah offering, he could certainly bring it to the Beis Hamikdash, and it would be accepted favorably. Of course, voluntary offerings could be brought only on weekdays, not on Shabbos or Yom Tov, when only obligatory offerings were brought. Likewise with prayers: prayers correspond to the offerings. There are obligatory prayers. Shacharis corresponds to the morning tamid offering, and Minchah to the afternoon tamid offering. Maariv corresponds to the limbs and fats that had not been burned during the day. What happens if someone has already prayed and wants to pray again voluntarily, as a voluntary prayer? Strictly speaking, this is possible. If only a person would pray all day long! The issue is that it should not look as though he is simply repeating the same prayer a second time. That would be like someone wanting to bring the morning tamid offering twice, which is not acceptable because of the prohibition against adding to the mitzvah: “The one lamb you shall offer in the morning”—without adding another. So, too, in prayer: if he repeats the same prayer after having already prayed it and fulfilled his obligation, it will look as though he is repeating his obligatory prayer. That is why the rule was stated that in a prayer of

29:27 Speaker 2 In a voluntary prayer, one must add something new. He needs to add a particular blessing or a particular request within a blessing, so that it is clear he is not simply repeating his previous prayer but offering a new one voluntarily. There are qualifications regarding voluntary prayer. As the Alter Rebbe’s Shulchan Aruch states clearly at the end of section 107, in paragraph 5: “If one wishes to offer a voluntary prayer, he must know himself to be diligent and careful, and be confident that he can concentrate on his prayer from beginning to end. But if he cannot concentrate properly, we apply to him the verse, ‘What need have I of your many sacrifices?’ If only he could concentrate on the three daily prayers.” In other words, there is a clear qualification here regarding voluntary prayer nowadays. It is different when the reason he is repeating the prayer is not purely voluntary: there is some question about the prayer he already said, a dispute among the halachic authorities, or some doubt. So there is a reason for the additional prayer: perhaps he did not pray the previous prayer, or perhaps he did not fulfill his obligation with it. This is called a voluntary prayer, but he does not need to add anything new to it. In such cases, there is certainly more room to require him to pray, because this is not purely voluntary; it is based on a particular dispute or doubt, as we will see in the next case. There are situations in which a person is supposed to make up a prayer he did not say properly. The problem is that even if he makes it up at the time of the next prayer, he will not really correct what went wrong in the earlier one. So the question is whether there is any point in praying twice. For example, a person made a mistake and got confused during Shabbos Minchah. Instead of saying the Shabbos Minchah text, he simply

32:04 Speaker 2 said the weekday prayer from beginning to end—a completely weekday prayer, with no mention of Shabbos at all. Of course, that prayer is not valid. If he had remembered before sunset, he would have had to say the Shabbos prayer right then. But the problem is that he remembered only after the time for Minchah had passed. So what do we tell him? To say Maariv twice? On the one hand, yes, because he has not said Shabbos Minchah. On the other hand, he did pray; he simply did not mention Shabbos in his prayer. And on Motzaei Shabbos, when he says Maariv twice, which Maariv will he say? The weekday Maariv. Once again, he will not mention Shabbos. So what have we accomplished by telling him to say Maariv twice? This is indeed a dispute among the halachic authorities. Again, the question is how we regard that weekday prayer said on Shabbos. Is it considered that he essentially prayed but failed to mention Shabbos, and that is what he must make up—something he cannot make up on Motzaei Shabbos, so “what is crooked cannot be made straight”? Or do we say that since he did not say the appropriate prayer at its proper time—he said a weekday Minchah on Shabbos—it is considered as though he did not pray at all? If he did not pray at all, then by saying Maariv twice he will indeed have said an additional prayer, making up for the one he missed entirely. In such a case, the Alter Rebbe rules that he should pray again as a voluntary prayer, even without adding anything new. This is unlike the voluntary prayer we discussed earlier, where a person has no obligation to pray at all and wants to pray again entirely of his own accord. There, he must add something new so that it does not appear that he is repeating the same prayer—a sort of violation of the prohibition against adding to the daily offering

34:17 Speaker 2 that we have already brought. But in our case, where there is doubt about his prayer, he comes to pray because of that doubt and wants to take upon himself an additional prayer. That is already considered adding something new: he is not obligated, yet he prays. The fact that he offers this prayer because of the doubt is itself a substantial new element in his prayer, and he does not need to add anything else. Musaf differs from all the other prayers in that it cannot be said as a voluntary prayer. This is not limited to Shabbos and Yom Tov; even Rosh Chodesh Musaf cannot be said voluntarily. In other words, if a person is unsure whether he said Musaf, he should not repeat it as a voluntary prayer, because Musaf is, by its very nature, an obligation and not a voluntary prayer.