From the Rav’s Desk: 1) The order of Tashlumin for Maariv in Shacharis; 2) Eating food and drink that entered a cemetery

1. Question: [Monday, 14^th Iyar 5781]

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: On the one hand, one is required to pray the Tashlumin Shemoneh Esrei in close proximity to the original Shemoneh Esrei and therefore initially one should not delay until after the entire prayer is finished. Nonetheless, even so, it is proper to make a break in between with the saying of Ashreiy in order so the second Shemoneh Esrei follow after verses of Torah.

Sources: See Admur 108:7 that the second prayer must be in close proximity to the first; Michaber 108:2 to say Ashreiy first; Admur 108:5 “Take a break in between by saying ashreiy after Tachanun.”; 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

2. Question: [Monday, 14^th Iyar 5781]

Is it permitted for one to enter food and drink into a cemetery and if it was entered is it permitted for to be eaten afterwards or must it be discarded?

Answer:

Yes. It is permitted to enter food and drink into a cemetery, and it is certainly permitted to eat it afterwards, after leaving the cemetery. However, inside the cemetery it is forbidden to eat and drink.

Explanation: Although we find an explicit prohibition against eating and drinking in a cemetery, there is no source for prohibiting entering food into it, or eating and drinking food that entered into it, and on the contrary, we find the Talmud discussing making a Eiruv Techumin within a cemetery. Seemingly, the fact that there are some people who think that food and drink that entered a cemetery may not be consumed, is simply due to misconception or due to them attributing to it impurity just as the hands must be washed after leaving the cemetery and just as we avoid bringing food into a bathroom. Whatever the case, there is no room to be stringent and discard the food that entered a cemetery and likely doing so would transgress Bal Tashchis.

Sources: See Y.D. 368:1; Poskim in Nitei Gavriel Aveilus 92:4 footnote 5; See Eiruvin 31a “One may make an Eiruv for a Kohen with Tahor Terumah in a cemetery” thus proving there is no issue of impurity entering the food.