Question on Tashlumin for Maariv

If I forgot and did not Daven Maariv the previous night, what is the proper order of Tashlumin for the Maariv prayer? When should the second Shemoneh Esrei be prayed after Shacharis?

Answer:

The Tashlumin Shemoneh Esrei for Maariv which is prayed after Shacharis Shemoneh Esrei is to be prayed after Tachanun and Ashreiy, prior to Lamnatzeiach and Uva Letziyon. If, however, one is Davening with the minyan, then it is to only be prayed after all Kadeishim are completed, in which case Ashreiy is then to be repeated and then followed by Shemoneh Esrei of the Tashlumin.

Explanation:

We rule regarding Tashlumin (the makeup prayer) that it be recited in close proximity to the primary Shemoneh Esrei. For example, when one needs to make up the Maariv Shemoneh Esrei that was missed the night before, it must be recited immediately after completing the Shacharis Shemoneh Esrei, and it must be done in close connection to it.

The question arises: What is considered “close proximity”? Does it mean that as soon as one takes three steps back from the first Shemoneh Esrei, one should immediately step forward again and begin the second?

The answer is no. Nonetheless, even so, the Poskim write that it is proper to make a break between the two Shemoneh Esreis with the saying of Ashreiy in order so the second Shemoneh Esrei follow after verses of Torah. During Shacharis, this pause is accomplished by reciting Ashrei after Tachanun. Based on this, the ruling is that one should recite Ashrei after Tachanun and then recite the makeup Shemoneh Esrei before saying Lamnatzeach, or Uva Letziyon. This is the practical directive found in the Shulchan Aruch Harav, Mishnah Berurah, Kaf Hachaim and Ketzos Hashulchan.

However, some poskim rule that the makeup Shemoneh Esrei should be delayed until after U’va L’Tzion, and some even hold that it should be delayed until after the entire davening is completed. When davening with a minyan, one should follow this latter view: wait until the minyan finishes the entire tefillah, then recite Ashrei, and only afterward say the makeup Shemoneh Esrei.

Sources:

See regarding that the second prayer must be in close proximity to the first: Admur 108:7; Michaber 108:3; Beis yosef 108; Rashba Brachos 26a; Rambam Tefila 3:8; Tzemach Tzedek 194; Aruch Hashulchan 108:14

See regarding saying Ashreiy between the two prayers: Admur 108: [See also Admur 131:2]; Michaber 108:2; Semak 11:44;

See regarding saying Tachanun before Ashreiy and then Davening the Tashlumin: Admur 108:5 in parentheses “Take a break in between by saying ashreiy (after Tachanun).”; M”A 108:4; Olas Tamid 108:3;  Lechem Chamudos Brachos 4:5; [Not mentioned in Michaber ibid] Ketzos Hashulchan 28:2 “Daven Shemoneh Esrei of Tashlumin after Ashreiy, before Lamnatzeiach Yeancha. Although when prayed together with the minyan then one is to wait until after all Kadeishim are completed, and then afterwards say Ashreiy and then Daven Shemoneh Esrei”; M”B 108:11-12 that 1) must pray it right away and cant even learn in between, 2) Chazaras Hashatz is not a Hefsek; 3) Tachanun is said first; Kaf Hachaim 108:10; Piskeiy Teshuvos 108:3 footnote 34; Other Opinions: See however Aruch Hashulchan 108:12 that one can delay until after Uva Letziyon; See Shulchan hatahor 108 who holds that according to Kabbalah one is to only praise the Tashlumin Shemoneh Esrei after one finishes praying the entire prayer of Shacharis and so can be implied from Biur Halacha 47:7