Ask the Rav: 1) Forgot Mashiv Haruach and remembered right away; 2) No spit by Aleinu; 3) During prayer thought time of Shema had passed

1. Question: [Monday, 15^th Mar Cheshvan, 5781]

If one forgot to say Mashiv Haruach Umorid Hageshem, and remembered at the end of the blessing prior to saying Hashem’s name. Should he go back and say it, should he say it then, or she just continue?

Answer:

According to the rulings of Admur, if one recited Morid Hatal as accustomed by Nussach Sefarad, then one is not to go back to Morid Hageshem, and is not even to say it in the area that he remembered, and is rather to continue from there even if he did not yet say Hashem’s name in the concluding blessing.

Sources: Admur 114:6 in parentheses; Implication of Beis Yosef 114 as brought in P”M 114 A”A 7; See Chikrei Halachos 7:11 that this matter is in truth unclear from the Poskim, and hence Admur placed it in parentheses

2. Question: [Monday, 15^th Mar Cheshvan, 5781]

If one is accustomed to spit by Aleinu as is the Chabad custom, what should he do if his mouth is dry and does not have the ability to spit?

Answer:

Seemingly, one is to do nothing, and is not required to create saliva in order to spit, as the whole reason behind the Chabad custom of spitting is so one does not benefit from it  [unlike the wording in the Taz who writes it’s too show disdain for idol worship] and hence if there is no spit then there is no benefit, and there is thus no need to create.

Sources: Taz Yoreh Deah 179:5; Ketzos Hashulchan 24:11; Hayom Yom 9th Teves; Awl Minhagim Umikoroseihem [Bloy] p. 65

3. Question: [Monday, 15^th Mar Cheshvan, 5781]

What is the law if one said Shema in Shacharis [before Shemoneh Esrei] thinking that the time had already passed and then quickly looked it up and saw that he had five minutes left? Should he say it again having in mind to fulfill his Biblical obligation even though he has already moved on with the prayer and is prior to Shemoneh Esrei or should he just continue and is considered to have fulfill his obligation being the practically he said it within the time?

Answer:

If he did not have explicit intent to fulfill his Biblical obligation neither when he said prior to Hodu, within Karbanos, nor in Davening, being that he thought that the time had already passed, then he does not fulfill his obligation and must repeat it within the time. Thus, in this case you should immediately stop and go back and recite Shema a second time with intent to fulfill the biblical obligation. One is to then repeat from there until Shemoneh Esrei. If one had already said the first paragraph before Davening with intent to fulfill his obligation, then he is only to repeat from the second paragraph of Vehaya.

Sources: See Admur 60:5 that if the lack of intent to fulfill the mitzvah was even by the first verse of Shema than ever agrees that he must repeat from their while if the lack of intent to fulfill the mitzvah was only by the later paragraphs them is debated whether he must repeat it and practically he should repeat it to suspect for those opinions who say that it is biblical. Regarding whether in truth is required to repeat from there until the start of Shemoneh Esrei, see Piskeiy Teshuvos 66 footnote 44 leaves this matter in question however seemingly one should repeat from there.