Tashlumin for a missed Shema prayer by Maariv or Shacharis

I Missed Shema—Can I Make It Up in the next prayer as Tashlumin?

Question
Last night I came home exhausted and ended up falling asleep before davening Maariv, and I also didn’t say Kriyas Shema al HaMitah. Is there any way for me to do tashlumin in Shacharis to make up the missed nighttime Shema? Can I make it up the same way we do tashlumin for a missed Shemoneh Esrei? If I say the current Shema and then repeat it again for the missed one, does that count?

 

Answer:
Practically, we rule that a missed Shema cannot be made up and hence there does not exist a concept of Tashlumin for a missed Shema prayer. Nonetheless, one may repeat it as a stringency, and have it at least count as Torah study. Practically, it is recommended to do so out of consideration for the more stringent viewpoint.

Explanation:
Some Poskim compare Shema to Shemoneh Esrei and rule that if a person missed the morning or evening Shema, they may “make it up” by reciting the next Shema twice—first for the previous obligation and then a second time for the current one (for example, reciting Shema twice at night to compensate for a missed morning Shema, the first time for Shacharis and the second for Maariv). However, many authorities disagree and rule that Shema is not like prayer and cannot be made up once its halachic time has passed. The reason for this is because Shemoneh Esrei is a prayer of supplication to God by which we rule that if only one would pray the entire day and it is permitted for one to make requests from God at any time. However, the Shema prayer is explicitly dependent on a specific time of waking and sleeping as written in Scripture and hence how can one make up the Shema of the morning at night if it is no longer morning. Indeed, the Talmud states on this exact scenario that one who misses saying the Shema on time has done a sin the cannot be fixed. Practically, the main ruling follows this latter view that Shema cannot be compensated through tashlumin. Nevertheless, there is no downside to repeating Shema afterward as a stringency to take into account the stringent opinion, as well as that at minimum, it will be considered as having read words of Torah and hence one has nothing to lose. Nonetheless, all this refers specifically to the actual Shema prayer however the blessings of Shema that were not recited cannot be made up in any way or according to any opinion and doing so is a blessing in vain.

Sources:

Admur 58:11 “If one did not recite the daytime Shema, some say that it can be made up at night—by first reciting the regular nighttime Shema and then reciting the morning Shema afterward. Similarly, if one did not recite the evening Shema, it can be made up in the morning, just as with prayer: if one did not pray Maariv, one prays two Shemoneh Esreis during Shacharis. But others say that Shema is not comparable to prayer. Prayer is a request for mercy, which can be made at any time, whereas the Torah specifically designated Shema: one for the time of lying down and one for the time of rising. How, then, can one recite the “lying‑down” Shema at the time of rising, or the “rising” Shema at the time of lying down? Regarding this it is said, “A distortion cannot be corrected.” (And this is the primary halachic opinion.) All of this applies only to the Shema itself. But regarding its blessings, all agree that they may only be recited in their proper times—for how can one say Yotzer Or in the evening, or HaMa’ariv Aravim in the morning? Likewise, the final blessings are linked to the first ones and must also be recited at their designated times.”

Poskim who rule that a missed Shema has Tashlumin: 1st opinion in Admur ibid; Michaber 58:7; M”A 58:8; Hashlama and Meoros Brachos 26a in name of Reb Asher Ben Mehsulam of Lunil; Hamichtam Brachos 26a; Orchos Chaim Shema 21; Kol Bo 10 in name of Rabbeinu Chaim; Ravayah Megillah 571; Sefer Habatim Shema 2:7; Beis Yosef 672 in name of Rokeiach 226; Peri Chadash 58:7; Nachals Tzevi 108:8; Elya Raba 58:12; Makor Chaim, 58:7; Magen Goborim 58:14

Poskim who rule that a missed Shema does not have Tashlumin: 2nd opinion in Admur ibid, Michaber ibid, Hashlama and Meoros ibid; Hamichtam ibid; Orchos Chaim and Kol Bo ibid

Final ruling like second opinion: Admur ibid in parentheses; Levush 108; Gra; Birkeiy yosef; M”B 58:29

May nonetheless choose to say again and is encouraged to do so: Gra 58:17; Leket Hakemach Hachdash 58:23; Chesed Lealafim; Piskeiy Teshuvos 58:13

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