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One who forgot to say Hamelech Hamishpat:^[1]

In Shemoneh Esrei of Aseres Yimei Teshuvah the tenth blessing of Hashiva Shofteinu concludes with the words “Hamelech Hamishpat” in place of “Melech Ohave Tzedaka Umishpat”.^[2] [This emphasizes that Hashem is the King that is currently in judgment at this time.^[3]] If one did not conclude with ‘Hamelech Hamishpat’, or is in doubt as to how he concluded, then some Poskim[4] rule he nevertheless does not need to repeat Shemoneh Esrei.[5] Other Poskim[6] however rule one must return to the blessing of Hashiva and say the proper conclusion of Hamelech Hamishpat, and if he has already concluded Shemoneh Esrei, he must repeat Shemoneh Esrei from the beginning.[7] Practically, if he already began the next blessing, he is to continue Shemoneh Esrei and is not to go back to the blessing of Hashiva.[8] However, in such a case, it is proper to repeat Shemoneh Esrei [from the beginning^[9]] as a Toras Nedava after he concludes his prayers.^[10] There is no need to novelize anything in one’s Nedava prayer as is always the rule upon repeating a prayer due to doubt.^[11]

Remembered prior to beginning the next blessing: If he remembered prior to beginning the next blessing, then if the amount of time to say “Shalom Alecha Rebbe” has not passed since he concluded the blessing, he is to correct himself and say “Hamelech Hamishpat”. He is then to continue regularly from there. If, however, this amount of time has already passed, then he is not to correct himself and is rather to continue Shemoneh Esrei as usual. After he concludes his Shemoneh Esrei it is proper to repeat Shemoneh Esrei as a Toras Nidava as stated above.

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[1] Admur 582/2; Brachos 12b

Background:

There is a dispute in Rishonim and Poskim regarding if omitting Hamelech Hamishpat requires the repetition of Shemoneh Esrei. Admur ibid records both opinions and states as follows: Some opinions [Rama 118/1] rule that one does not need to repeat Shemoneh Esrei if he mistakenly said Melech Oheiv. The reason for this is because in these words as well the term king/Melech is mentioned. Other opinions [Michaber 582/1; Rif Rambam] however rules one must return to the blessing of Hashiva and say the proper conclusion of Hamelech Hamishpat, and if he has already concluded Shemoneh Esrei he must repeat Shemoneh Esrei from the beginning. Their reasoning is because the normal wording emphasizes Tzedakah more than Mishpat and during Aseres Yimei Teshuvah one is required to mention and focus on Mishpat and not Tzedakah. Practically Admur concludes “Safek Brachos Lihakel” and therefore we do not return to the blessing of Hashiva Shofteinu. Nevertheless, after concluding Shemoneh Esrei one is to pray again as a Tefilas Nedava. [Admur ibid; and so concludes Taz ibid]

Other Opinions: Some Poskim rule one does not fulfill his obligation and must thus repeat Shemoneh Esrei. [Michaber 582/1; Beis Yosef 582; Rif; Rambam; Rosh; Tosafus; Levush; Peri Chadash 582/1; Birkeiy Yosef 118/2; 582/1; Mamar Mordechai 118/2; Shalmei Tzibur 312] Others rule that one fulfills his obligation and there is no need at all to repeat Shemoneh Esrei even as a Nedava. [Rama 118/1; Darkei Moshe 582/3; Ravaya; Reb Yechiel [brother of Tur]; Hagahos Maimanis; Rashba; Bach; M”A 582/1; Mateh Moshe; Shlah] Practically the Poskim conclude that Safek Brachos Lihakel and one is thus not to repeat Shemoneh Esrei. [Kneses Hagedola 582/2; Elya Raba 582/5; Admur ibid; Chayeh Adam 24/16; Kitzur SHU”A 129/3; Ben Ish Chaiy Netzavim 19; Derech Hachaim 2; M”B 118/3; 582/6; Kaf Hachaim 118/2 and 582/8]

Ruling of Sefaradim: Some Sefaradi Poskim rule that although according to the Michaber one must return to that blessing or repeat Shemoneh Esrei, nevertheless in this instance that there are so many Poskim that argue we apply the rule of Safek Brachos Lihakel even against the ruling of the Michaber. Hence even those of Sefaradic Jewry do not repeat Shemoneh Esrei. [Ben Ish Chaiy Netzavim 19; Kaf Hachaim 118/2] Others however rule that the majority of Sefaradi Poskim agree with the Michaber and hence the Sefaradim are to follow his ruling and return to Hashiva or repeat Shemoneh Esrei. This applies even during the Chazan’s repetition. [Yabia Omer 2/10; 7/51; Piskeiy Teshuvos 582/1]

[2] Admur 582/2; 118/1

[3] Admur 118/1

[4] Rama 118/1; Darkei Moshe 582/3; Ravaya; Reb Yechiel [brother of Tur]; Hagahos Maimanis; Rashba; Bach; M”A 582/1; Mateh Moshe; Shlah

[5] The reason: The reason for this is because in these words as well the term king/Melech is mentioned. [Admur ibid]

[6] Michaber 582/1; Beis Yosef 582; Rif; Rambam; Rosh; Tosafus; Levush; Peri Chadash 582/1; Birkeiy Yosef 118/2; 582/1; Mamar Mordechai 118/2; Shalmei Tzibur 312

[7] The reason: Their reasoning is because the normal wording emphasizes Tzedakah more than Mishpat and during Aseres Yimei Teshuvah one is required to mention and focus on Mishpat and not Tzedakah. [Admur ibid]

[8] Admur ibid; Kneses Hagedola 582/2; Elya Raba 582/5; Chayeh Adam 24/16; Kitzur SHU”A 129/3; Ben Ish Chaiy Netzavim 19; Derech Hachaim 2; M”B 118/3; 582/6; Kaf Hachaim 118/2 and 582/8

The reason: As “Safek Brachos Lihakel” and therefore we do not return to the blessing of Hashiva Shofteinu. [Admur ibid]

[9] Implication in Admur ibid; 107/2

The reason: One cannot repeat the prayer as a Nedava only from the blessing of Hashiva, having it combine with the first half which was valid, as one cannot have the prayer be partially a Nedava and partially an obligation, just like a Karban cannot be half of each. Thus if in if in truth we rule that his first Shemoneh Esrei was valid it ends up that his current blessings from Hashiva are in vain and not a valid Nedava. [107/2]

Other Opinions: Some Poskim rule that one is to only repeat from Hashiva as a Nedava. [Rav Medini in Or Li 30] The Poskim however negate his opinion based on the above. [Yabia Omer 2/10]

[10] Admur ibid; Taz 582/1

The reason: As according to the second opinion he has not fulfilled his obligation. [ibid]

Other opinions: Some Poskim rule that one is not to repeat the prayer as a Nedava being that a Nedava requires a lot of concentration. [Kaf Hachaim 118/2]

[11] Admur ibid and 107/1