Chapter 34: The laws of Tashlumin[1]

1. General rules of Tashlumin:[2]

If one did not Daven Shemoneh Esrei of Shacharis, Mincha or Maariv prior to its proper time [i.e. midday, nightfall, Alos Hashachar], whether due to negligence or matters beyond his control, then he may no longer Daven Shemoneh Esrei of that prayer. However, in certain circumstances, we permit and obligate the person to make up the prayer as a Tashlumin. In this law we will discuss the general criteria necessary to be met to pray the Tashlumin prayer.

Missed the Tefila due to Shogeg or Oness versus advertently:[3] The concept of Tashlumin and making up a prayer which was missed, only applies if one had unwillingly or mistakenly missed the prayer [i.e. Shogeg or Oness]. However, if one willingly [i.e. Meizid] transgressed praying a prayer within its proper time [i.e. Shacharis before midday, Mincha before nightfall, Maariv before Alos Hashachar], then he may not make up the prayer, and the prayer is considered lost. Nevertheless, if one wishes, he can make up the prayer as a Nedava, and is not required to novelize something new in his prayer when doing so.

Definition of Meizid versus Shogeg:[4] Regarding the definition of an advertent missed prayer versus one that was missed by mistake, the rule is as follows: It is only considered that one has missed a prayer advertently, Bemeizid, when he does so brazenly with foreknowledge. However, one who was preoccupied with monetary matters to prevent monetary loss, then although he transgressed the law by missing Zman Tefila which is forbidden to be done even to prevent monetary loss, nonetheless, he is not considered to have transgressed Bemeizid and hence may make up the prayer as Tashlumin. Likewise, a person who missed the prayer due to being drunk is not considered to have transgressed Bemeizid and hence may make up the prayer as Tashlumin. Likewise, a person who missed the prayer due to being preoccupied and he thought that he still had time remaining to Daven after he would finish his activity, is not considered to have transgressed Bemeizid and hence may make up the prayer as Tashlumin. This applies even if one was preoccupied with matters which are prohibited to be done once time of prayer has arrived and he transgressed, nonetheless, he may make up the missed prayer as Tashlumin.

Making it up by the next prayer:[5] It is only possible for one to make up a previously missed prayer within the time period of the next prayer, such as to make up a missed Shacharis Shemoneh Esrei by Davening Mincha twice, and making up a missed Mincha Shemoneh Esrei by Davening Maariv Shemoneh Esrei twice. Even on a day of a Musaf prayer, it is possible to make up a missed Shacharis Shemoneh Esrei by Davening Mincha Shemoneh Esrei twice. However, one cannot make up a missed Shacharis Shemoneh Esrei by Davening Maariv Shemoneh Esrei twice, and cannot make up a missed Mincha Shemoneh Esrei by Davening Shacharis Shemoneh Esrei twice. Nevertheless, even in a case that one has lost his ability to make up the missed Shemoneh Esrei as Tashlumin, it is proper to make up the prayer as a Nedava, and is to novelize something new in his prayer when doing so as is always the rule by a Nedava.

The makeup prayer is always the second prayer:[6] Whenever one is praying Shemoneh Esrei twice in order to make up a previous missed prayer, the first Shemoneh Esrei is to be prayed with intent to fulfill the current prayers obligation, while the second prayer is to be prayed with intent to fulfill the Tashlumin missed prayer.

If Davened the first Shemoneh Esrei as Tashlumin:[7] In the event that one switched the order and prayed his first Shemoneh Esrei with intent to make up the previous missed prayer, and his second Shemoneh Esrei to fulfill his obligation of his current prayer, then according to some opinions he doesn’t fulfill his obligation of the missed prayer, and therefore in such a case he should repeat Shemoneh Esrei as a Tnaiy Nedava, and novelize some matter in his prayer [such as to add a personal prayer in Shema Koleinu]. The one exception to this rule is when there is a new addition said for the night prayer, in which case we rule that if he had intention to make up his missed Mincha with his first Maariv Shemoneh Esrei, and mentioned the nighttime addition [i.e. Ata Chonantanu, Yaleh Veyavo, etc] in his first Shemoneh Esrei and omitted it from his second Shemoneh Esrei, then according to all opinions he does not fulfill his obligation of Tashlumin, and he must repeat the Tashlumin for Mincha.

Eating a meal prior to Davening the Tashlumin prayer:[8] It is forbidden for one who is obligated in making up a previous prayer as Tashlumin to eat a meal prior to Davening the Tashlumin prayer. However, in the event that he already began the meal, he is not required to stop eating in order to Daven the Tashlumin prayer so long as there still time left to Daven the Tashlumin prayer after the meal.

Davening the second prayer in close approximation to the first prayer:[9] One is required to pray the Tashlumin Shemoneh Esrei in close proximity to the Shemoneh Esrei that was prayed for the current prayer obligation as one can only make up a previously missed prayer while he is still involved in the prayer that is obligatory at the moment. However, if one delayed a long time after finishing his obligatory Shemoneh Esrei for the current prayer, then he may no longer make up a previously missed prayer by Davening Tashlumin.

Making an interval between the two Shemoneh Esrei’s:[10] Although, one is required to Daven the second Shemoneh Esrei in close proximity to the first Shemoneh Esrei, nonetheless, one is required to make a slight break in between. From the letter of the law, it suffices to wait the amount of time it takes to walk four cubits prior to beginning the second Shemoneh Esrei however, the custom is to recite Ashreiy in between, as explained next.

Repeating Ashreiy before the Tashlumin Shemoneh Esrei:[11] When Davening Shemoneh Esrei a second time after as Tashlumin, they should be separated with the recital of Ashreiy, in order to pray the second Shemoneh Esrei after words of consolement of Torah. Nonetheless, according to the Zohar, it is not proper to ever recite the Psalm of Ashreiy/Tehilas Ledavid after Mincha or Maariv as an obligation prayer, and rather it is only to be read like one who reads from Scripture. [Accordingly, after Mincha or Maariv, one should recite Ashreiy after stipulating that he is not reciting Ashreiy as an obligation but rather as a voluntary reading of verses from scripture.] In the event that one is in a rush, such as if the time for the prayer is passing, then one can skip the recital of Ashreiy and suffice with waiting the amount of time it takes to walk four cubits and then begin his second Shemoneh Esrei.

Being the Chazan:[12] In the event that one needs to make up a Tashlumin prayer and he is serving as the Chazan for the current prayer, then upon his recital of the repetition he is to have in mind to fulfill his Tashlumin prayer with it, in addition to his intent to repeat the prayer for the sake of fulfilling the obligation of those who are not expert in the prayer. [When Davening Chazaras Hashatz as a Chiyuv of Tashlumin, one is not obligated to recite Elokaiy Nitzor quietly at the end of his repetition, although he should take three steps back.[13]]

2. The detailed prayers for which Tashlumin may be made up for missing:[14]

Missed Shacharis:[15] If by mistake or due to matters beyond his control one did not Daven Shemoneh Esrei of Shacharis prior to midday, then he is to make up the prayer as Tashlumin by Davening Shemoneh Esrei of Mincha twice. If he had willingly transgressed praying it prior to midday, then he may not make up the Shacharis prayer as Tashlumin by Davening Shemoneh Esrei of Mincha twice, and the prayer is considered lost.

Missed Mincha: If by mistake or due to matters beyond his control one did not Daven Shemoneh Esrei of Mincha prior to nightfall, then he is to make up the prayer as Tashlumin by Davening Shemoneh Esrei of Maariv twice. If he had willingly transgressed praying it prior to nightfall, then he may not make up the Mincha prayer as Tashlumin by Davening Shemoneh Esrei of Maariv twice, and the prayer is considered lost.

Missed Maariv: If by mistake or due to matters beyond his control one did not Daven Shemoneh Esrei of Maariv prior to nightfall, then he is to make up the prayer as Tashlumin by Davening Shemoneh Esrei of Shacharis twice. If he had willingly transgressed praying it prior to Alos Hashachar, then he may not make up the Maariv prayer as Tashlumin by Davening Shemoneh Esrei of Shacharis twice, and the payer is considered lost.

Missed Mincha of Erev Shabbos:[16] If by mistake or due to matters beyond his control one did not Daven Shemoneh Esrei of Mincha of Erev Shabbos prior to nightfall, then he is to make up the prayer as Tashlumin by Davening Shabbos Shemoneh Esrei of Maariv twice.

Missed Mincha of Erev Rosh Chodesh:[17] If by mistake or due to matters beyond his control one did not Daven Shemoneh Esrei of Mincha of Erev Rosh Chodesh prior to nightfall, then he is to make up the prayer as Tashlumin by Davening Shemoneh Esrei of Maariv twice with saying Yaleh Veyavo in each Shemoneh Esrei. If one recited Ya’aleh Veyavo in the first Shemoneh Esrei, but forgot to recite it in the second Shemoneh Esrei, he nevertheless fulfills his obligation. Furthermore, even if he forgot to recite Ya’aleh Veyavo in both prayers, he nevertheless fulfills his obligation. If however he forgot to recite it in the first Shemoneh Esrei and recited it in the second Shemoneh Esrei, then if he omitted it from the first Shemoneh Esrei intentionally, he must repeat the Tashlumin for Mincha. However, if he simply forgot to say it in his first Shemoneh Esrei then he fulfills his obligation. 

Missed Mincha on Shabbos:[18] If one did not Daven Mincha on Shabbos and is Davening Tashlumin on Motzei Shabbos he is to recite Ata Chonantanu only in the first Shemoneh Esrei. If he recited it in both Shemoneh Esrei or omitted it in both Shemoneh Esrei he has nevertheless fulfilled his obligation. If he recited it only in the second Shemoneh Esrei, then if he omitted it from the first Shemoneh Esrei intentionally, he must repeat the Tashlumin for Mincha. If he simply forgot to say it, he has fulfilled his obligation.

Missed Maariv on Motzei Shabbos:[19] If on Sunday morning one realizes he forgot to Daven Maariv and is therefore after Shacharis going to Daven Tashlumin of Maariv, then in his second Shemoneh Esrei he is to recite Havdalah of Ata Chonantanu as he usually does by Maariv of Motzei Shabbos.[20] [If he recited it in his first Shemoneh Esrei, he has fulfilled his obligation, so long as he did not do so with intention to Daven the Maariv Shemoneh Esrei with this first prayer.[21]]

Missed Musaf:[22] If one forgot to Daven Musaf throughout the entire day, until nightfall, he cannot make up the prayer with a Tashlumin Shemoneh Esrei as is usually done for other prayers.

Missed morning or evening Shema:[23] If one did not read the morning or evening Shema then some Poskim rule that one can make it up by the next Shema period just as is the law regarding Shacharis. For example, he can make it up at night by first reading the evening Shema and then repeating the Shema for the sake of the day Shema. The same applies for making up the evening Shema that if he did not read it in the evening then he can make it up in the morning by reading it twice. Other Poskim however rule that Shema is not similar to prayer and it cannot be made up if one missed it. (Practically, the main opinion follows this approach that it cannot be made up.) [Nonetheless, there is nothing to lose in being stringent and repeating the saying of Shema as Tashlumin after Shacharis or Maariv, and in worst case scenario it will be considered as if one read from the Torah.]

3. How to Daven the Tashlumin?[24]

Making up Tashlumin of Shacharis in Mincha: The Tashlumin of Shemoneh Esrei for a missed Shacharis is prayed after Mincha Shemoneh Esrei, in close proximity to it. Prior to praying it, one is to recite Tachanun for after Mincha, and then repeat the recital of Ashreiy [stipulating that he is not reciting Ashreiy as an obligation but rather as a voluntary reading of verses from scripture], after which one is to begin his second Shemoneh Esrei as Tashlumin for Shacharis. If, however, one is Davening with a Minyan, then he is to delay Davening his Tashlumin Shemoneh Esrei until after Chazaras Hashatz and Tachanun [and until after all Kadeishim are completed, at which time Ashreiy is then to be repeated and then followed by Shemoneh Esrei of the Tashlumin.[25]] In the event that the time for the prayer is passing and one does not have time to wait until then, then one may begin his second Shemoneh Esrei together with the Chazan upon him beginning his repetition. Alternatively, in such a case, he himself is to serve as Chazan and recite the repetition with intent to also fulfill his Tashlumin prayer.

Making up Tashlumin of Mincha in Maariv: The Tashlumin of Shemoneh Esrei for a missed Mincha is prayed after Maariv Shemoneh Esrei, in close proximity to it. Prior to praying it, one is to repeat the recital of Ashreiy [stipulating that he is not reciting Ashreiy as an obligation but rather as a voluntary reading of verses from scripture], after which one is to begin his second Shemoneh Esrei as Tashlumin for Mincha. [If, however, one is Davening with a Minyan, then he is to delay Davening his Tashlumin Shemoneh Esrei until after all Kadeishim are completed, in which case Ashreiy is then to be repeated and then followed by Shemoneh Esrei of the Tashlumin.[26]]

Making up Tashlumin of Maariv in Shacharis: The Tashlumin of Shemoneh Esrei for a missed Maariv is prayed after Shachris Shemoneh Esrei, in close proximity to it. Prior to praying it, one is to recite Tachanun and Ashreiy, and is then to Daven his Tashlumin Shemoneh Esrei, prior to saying Lamnatzeiach and Uva Letziyon which is to be recited after he completes his Tashlumin Shemoneh Esrei. If, however, one is Davening with a Minyan, then he is to delay Davening his Tashlumin Shemoneh Esrei until after all the Kadeishim are completed, in which case Ashreiy is then to be repeated and is then followed by Shemoneh Esrei of the Tashlumin.

4. Tashlumin by missed additions:[27]

If one omitted one of the additions that are necessary to be recited within Shemoneh Esrei on relevant occasions, for which one must repeat Shemoneh Esrei for its omission, and he forgot to repeat Shemoneh Esrei and only remembered after the time for the next prayer already arrived, then he must repeat Shemoneh Esrei as Tashlumin after the next Shemoneh Esrei prayer. Now, the question is raised regarding what one is to do in the event that the next prayer does not contain the addition for which the previous prayer must be repeated due to its omission. The following are the detailed laws of this matter:

1. Yaaleh Veyavo:

Tashlumin of Maariv Rosh Chodesh in Shacharis:[28] If one who did not Daven Maariv on Rosh Chodesh and Davened Tashlumin by Shacharis, forgot to say Ya’aleh Veyavo in his second Tashlumin Shemoneh Esrei, he must repeat the Tashlumin Shemoneh Esrei.[29]

Tashlumin if forgot to recite Ya’aleh Veyavo in Mincha:[30] If one forgot to recite Ya’aleh Veyavo in Mincha of Rosh Chodesh and only remembered by Maariv of that night, then if that night is not the second night of Rosh Chodesh it is disputed as to whether he is to Daven Maariv a second time as Tashlumin. Practically, this dispute has not been arbitrated and hence in order to remove oneself from doubt he is to Daven the second Shemoneh Esrei of Maariv as a Tefilas Nedava. It is not required to novelize any matter in this second Shemoneh Esrei. [If however that night is Friday night then he is not to Daven Maariv a second time at all, even as a Nedava.] If that night is the second night of Rosh Chodesh, then he needs to Daven Maariv a second time as Tashlumin according to all.[31]

1. Mincha of Shabbos or Yom Tov:[32]

If one accidentally Davened a weekday Shemoneh Esrei for Mincha of Shabbos or Yom Tov and hence did not fulfill his obligation, and only remembered on Motzei Shabbos, then it is debated as to whether one is required to Daven Maariv a second time as Tashlumin, as one will be praying the same prayer as he prayed for the mistaken Shabbos Mincha and will hence not gain anything from the repeated prayer. Practically, this dispute has not been arbitrated and hence in order to remove oneself from doubt he is to Daven the second Shemoneh Esrei of Maariv as a Tefilas Nedava. It is not required to novelize any matter in this second Shemoneh Esrei.

1. Visein Tal Umatar Livracha:

If forgot to say Visein Tal in winter:[33] If one forgot to recite Visein Tal Umatar in Mincha and only remembered by Maariv of that night, then he is to Daven Maariv a second time as Tashlumin.

Tashlumin if omitted Visein Tal Umatar by Mincha of Erev Shabbos:[34] If one forgot to recite Visein Tal Umatar in Mincha of Erev Shabbos and only remembered by Maariv of that night, then it is disputed as to whether he is to Daven Maariv a second time as Tashlumin. Practically, this dispute has not been arbitrated and hence on Friday night he is not to Daven Maariv a second time at all, even as a Nedava.

Tashlumin if recited Visein Tal Umatar by Mincha of Vav Cheshvan:[35] If one recited Visein Tal Umatar in Mincha of the 6th of MarCheshvan and only remembered by Maariv of that night, then it is disputed as to whether he is to Daven Maariv a second time as Tashlumin. Practically, this dispute has not been arbitrated and hence in order to remove oneself from doubt he is to Daven the second Shemoneh Esrei of Maariv as a Tefilas Nedava. It is not required to novelize any matter in this second Shemoneh Esrei.

1. Forgot Hamelech Hakadosh:[36]

If one forgot to recite Hamelech Hakadosh during Aseres Yimei Teshuvah and only remembered by the time to the next prayer arrived, then he should Daven an additional Shemoneh Esrei as Tashlumin by the next prayer. 

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[1] See Admur 108; Ketzos Hashulchan 28; Ishei Yisrael 30

[2] See Admur 108:1-3; Ketzos Hashulchan 28:1

[3] See Admur 108:11; Ketzos Hashulchan 28:4

[4] See Admur 108:12; Ketzos Hashulchan 28:4

[5] See Admur 108:8-9; Ketzos Hashulchan 28:3, 5

[6] See Admur 108:1; Ketzos Hashulchan 28:1

[7] See Admur 108:1; Ketzos Hashulchan 28:1; Piskeiy Teshuvos 108:4

[8] See Admur 108:3; Ketzos Hashulchan 28:1

[9] See Admur 108:7; Ketzos Hashulchan 28:3

[10] See Admur 108:5; Ketzos Hashulchan 28:2

[11] See Admur 108:5; 623:1; Michaber 234:2; 623:1; Rama 108:2; Zohar 3:226; Taz 108:3; M”A 108:5; Bach 108; Elya Raba 108:2-3; Levush 108; Machazik Bracha 108:5; Kesher Gudal 22:12; Rivash 140; Hagahos Semak 11:44; Chesed Lealafim 108:1; Ben Ish Chaiy Mishpatim 9; Shaar Hakolel 44:19; Kaf Hachaim 108:20; Likkutei Sichos 18:351 footnote 7; Ketzos Hashulchan 28:2

[12] See Admur 108:6; M”B 108:6; Ketzos Hashulchan 28:2; Piskeiy Teshuvos 89:6

[13] Piskeiy Teshuvos 122:3; To note however that in such a case many are accustomed to recite Elokaiy Netzor despite it being a Tircha Detzibura. Vetzaruch Iyun as to their source; See Admur 122:1 for the background of Elokaiy Netzor.

[14] Ketzos Hashulchan 28:1

[15] See Admur 89:1-2; Michaber 89:1; Rambam Tefila 3:1; Piskeiy Teshuvos 89:10; Ketzos Hashulchan 28:1

[16] Ketzos Hashulchan 28:5

[17] Admur 108:14; Rama 108:9; Kol Bo 11; Ketzos Hashulchan 28:5

[18] Admur 108:16; Ketzos Hashulchan 28:1 and 5

[19] Admur 294:2

[20] This applies even if one already said Havdalah over wine as the main institution of the Sages was to say Havdalah in prayer. [ibid]

Other Opinions: Others [Ridbaz] however argue that Ata Chonantanu is not to be recited in Tashlumin, and so concludes Kaf Hachaim [294:3; 108:50]; Mishneh Berurah 294:2

[21] Tehila Ledavid 294:1

[22] Admur 286:2 and 108:10; Michaber 108:6 and 286:1; Tosafus Brachos 26a; Ketzos Hashulchan 28:6

[23] Admur 58:11

[24] See Admur 108:5; Ketzos Hashulchan 28:2

[25] See Piskeiy Teshuvos 89:3

[26] See Piskeiy Teshuvos 89:3

[27] Ketzos Hashulchan 28:7

[28] Admur 108:15; M”A 108:12

Regarding one who needs to pray Tashlumin by Maariv of Rosh Chodesh for missing the previous Mincha of Erev Rosh Chodesh, then he must recite Ya’aleh Veyavo in both the first and second Shemoneh Esrei. [108:14; see previous Halacha]

[29] The reason: Although the second Shemoneh Esrei is a mere Tashlumin for Maariv, and in Maariv of Rosh Chodesh one is not to repeat Shemoneh Esrei if he forgot Ya’aleh Veyavo, this is only because we do not sanctify the new moon at night. However now that he is reciting this prayer during the day he has to repeat the prayer if he forgot Ya’aleh Veyavo. [Admur ibid]

[30] Admur 108:17; Michaber 108:11; Ketzos Hashulchan 28:7

[31] Admur ibid; M”A 108:16; See Biur Halacha 107 “Im”

The reason: As according to all he will gain the saying of Ya’aleh Veyavo in his Tashlumin. [Admur ibid]

[32] Admur 108:17; Michaber 108:11; Ketzos Hashulchan 28:7

[33] Admur 108:17

[34] Admur 108:17; Michaber 108:11; Ketzos Hashulchan 28:7

[35] Ketzos Hashulchan 28:7

[36] Sources: See Admur 108:17; M”A 108:16; Elya Raba 116:16; Yad Aaron; Machazik Bracha 108:9; Kesher Gudal 20; Mamar Mordechai 108:12; Ashel Avraham 108:16; Shalmei Tzibur p. 172; Beis Menucha 4; Kaf Hachaim 108:54; Or Letziyon 4:18