The Proper Times for Prayer (3)

  • Rav David Brofsky




            Last week, we learned that one who inadvertently misses a Tefilla must recite the next Tefilla twice.  For example, one who misses Tefillat Aravit, says Shacharit twice; once to fulfill the obligation of Shacharit, and again, to compensate for the missed Tefillat Aravit.


            We questioned the purpose of this Tefillat Tashlumin: is Tefillat Tashlumin an attempt to "make up" the missed prayer, or possibly to fulfill one's base requirement to pray THREE times each day, regardless of when. 


            This week, we will continue our discussion of Tefillat Tashlumin, and question its nature and character, and summarize a number of the practical halakhot of Tashlumin.


The Nature of a Tefillat Tashlumin:


            The Acharonim raise the following question: Are we to view the Tefillat Tashlumin as an attempt to 'replace' the missed Tefilla, in which case we would expect the Tashlumin prayer to share the characteristics of the missed Tefilla? Alternatively, may we suggest that the purpose of the additional Tefilla is to 'compensate' for the missed prayer, in which case the one need merely repeat, or duplicate, the current prayer?


            Seemingly, the Gemara (Berakhot 26b) may answer our question.  The Gemara rules that even one who missed Mincha on Shabbat should recited the Tefillat Aravit twice.  Furthermore, one should insert havdala in the first Tefilla, as that Tefilla is the true Tefillat Aravit. 


            How is it possible to replace the Mincha of Shabbat, a seven-blessing prayer, with the nineteen blessing weekday Shemoneh Esrei!?


            If Tefillat Tashlumin is simply intended to be an EXTRA Tefilla, offered in lieu of the missed Tefilla, EVEN the Tefilla of Motzei Shabbat, which is different than the Shabbat Tefilla, should suffice. 


            However, if the Tashlumin prayer is indeed intended to replace the missed Tefilla, then the dissimilarity between the two prayers should concern us. 


            Tosafot (Berakhot 26b) raise this difficulty:


"… And if you were to ask, doesn't he pray more than he is obligated to, as he only needed to recite seven blessings and he is reciting eighteen!"


They answer:


"… Do not be concerned by this, as even on Shabbat theoretically one should recite the entire Shemoneh Esrei, except that they didn't require one to because of the extra effort involved, so it would seem that if he says all eighteen blessings (on Motzei Shabbat) he has merely gained the entire Tefilla (he missed)…"


Apparently Tosafot view the Tefillat Tashlumin as a replacement for the missed Tefilla, and are therefore concerned by the lack of similarity between the missed prayer and its replacement.  Therefore, they explain that theoretically one should recite all nineteen berakhot even on Shabbat itself, if not for the extra effort entailed.  In other words, the Mincha of Shabbat and the Tefillat Aravit of Motzei Shabbat may differ in form, but are fundamentally the same prayer, and therefore the second Aravit may replace the missed Shabbat Mincha. 


When Should One Recite the Tefillat Tashlumin?


            This question may also impact upon another issue: When should the Tefillat Tashlumin be recited?


            Interestingly, the Gemara, cited above, does NOT say that one who missed Shacharit should pray twice, but rather, that one who misses Shacharit should recite MINCHA TWICE.  That MIGHT support the position cited above which viewed the Tefillat Tashlumin as merely a second Tefillat Aravit.


            If so, what does this imply about the relationship between the missed Tefilla and the current one?  Must the missed Tefilla be recited immediately after the current one? 


            Rashi (Berakhot 26a s.v. ba-Mincha) implies that one who misses Shacharit may recite the Tashlumin "after chatzot" - even though technically Mincha cannot be recited until a half an hour after Mincha!  Apparently, Rashi views the recitation of the missed Tefilla during the next Tefilla's time as only coincidental, but not inherent to the nature of the Tefillat Tashlumin.


Others, however, disagree, and posit that the Tefillat Tashlumin MUST be recited in conjunction with the current prayer.  If so, one should only recite a Tashlumin for Shacharit after six and a half hours, the earliest time for Mincha. 


            However, the relationship between the current Tefilla and the Tefillat Tashlumin remains unclear.  One the one hand, one might simply suggest that the most appropriate time to recite the Tashlumin is upon completion of the current obligatory prayer.  The Rashba (Berakhot 26a), for example, explains that Tashlumin should be said "specifically during the time of Tefilla, while he is engaged in prayer, he returns and makes up was he has missed in his prayers…"


            However, one who views the Tefillat Tashlumin as a "repeat" of the present prayer would naturally insist that it be recited during the time of, and immediately following, the current prayer. 


            Interestingly, the Mishna Berura (108:15) cites the Peri Megadim who insists that that one who misses Tefillat Aravit MUST recite the Tefillat Tashlumin within the first four hours of the morning.  Since after the fourth hour one does not receive "reward" for Tefilla bi-zemana (see last week's shiur), it cannot be considered an appropriate time for Tashlumin.  Similarly, one who missed Mincha may only recite Tashlumin until chatzot, as one may only recite Tefillat Aravit after chatzot be-di'avad.


            The Arukh Ha-shulchan (108:14) strongly disagrees, and insists that the Tefillat Tashlumin may even, although not optimally, be recited until the sixth hour.


            How soon after the current Tefilla must the Tashlumin be recited?


            We already questioned whether the Gemara insists upon proximity of the Tefillat Tashlumin to the current Tefilla.  However, even according to the Rashba, who demands that one recite the second Tefilla in proximity to the first, in order to insure that the Tashlumin is recited "while he is involved in Tefilla," what if one went off onto one's ways before reciting the second Tefilla? May one then recite the Tashlumin, "unattached," and not in conjunction with a correct Tefilla?


            The Mishna Berura (108:15) cites those who posit that Tashlumin may ONLY be recited immediately following the current prayer, yet rules that be-di'avad it may even be recited alone, yet during the TIME of the current Tefilla.


            How long should one wait, lechatchila, between the obligatory Tefilla to the compensatory Tefilla?


The Gemara (Berakhot 30a) records:


"What interval should be left between one Tefilla and another? — R. Huna and R. Chisda gave different answers: one said, long enough for him to fall into a suppliant frame of mind; the other said, long enough to fall into an interceding frame of mind… "


Tosafot explain, based on the Yerushalmi, that one should would the amount of time it takes to walk four amot.  Therefore, as the Shulchan Arukh (105) rules, one who recites Shacharit, and Mussaf alone, without a minyan, should wait at least as long as it takes to walk four amot between Tefillot.


            Regarding a Tefillat Tashlumin, however, the Shulchan Arukh (108:2) recommends that the second Tefilla be recited after the first Shemoneh Esrei, Tachanun and Ashrei.  The Mishna Berura points out the one should not interrupt between the Shemoneh Esrei and Tachanun, and Ashrei should precede the second Tefilla, in order to pray from the "comfort of Torah."   Furthermore, one who missed Shacharit should recite Ashrei a second time, after the first Shemoneh Esrei, before repeating the Tefilla. 


            As for one who misses Mincha, the Rema writes that one should recite Ashrei before the second Tefilla.   The Mishna Berura (14) notes that the kabbalists opposed reciting Ashrei at night, and writes that one may act in accordance with either opinion. 


Who is Obligated to Recite a Tefillat Tashlumin?


The Gemara (Berakhot 26a) teaches:


"… 'That which is crooked cannot be made straight, and that which is wanting cannot be numbered': 'That which is crooked cannot be made straight' - this applies to one who omitted Shema of the evening or Shema of the morning or the Tefilla of the evening or the Tefilla of the morning… R. Yitzchak said in the name of R. Yochanan: With what case are we dealing here? With one who omitted deliberately.  R. Ashi said: The proof of this is that it says 'omitted,' and it does not say, 'erred.'  This proves it…"


The Gemara apparently believes that only one who unintentionally missed a Tefilla may recite a Tefillat Tashlumin.


            Who is considered to have "unintentionally" missed a Tefilla?


            The Beit Yosef cites the Nemukei Yosef (Bava Kama 10a) who questions whether one who miscalculated how much time he had to pray, and the proper time for Tefilla passed, is considered to have intentionally missed Tefilla, and must recite a Tefillat Tashlumin, or not.


            The Beit Yosef rules that one is only considered to have "intentionally" missed Tefilla if one "omits a Tefilla with contempt, without any hindrance…"


            Furthermore, he cites the Terumat Ha-deshen (5) who addressed a case in which a person went to a non-Jew to collect a debt, and became involved in a long discussion which he could not leave without risking financial loss.  He stayed with this non-Jew until the time for Tefilla passed.  Is this person considered to have intentionally, or unintentionally missed prayer?


            He responded the in this case this person is viewed as if he unintentionally missed prayer ("dami le-ones"), and proved that in general when someone does not perform a mitzva out of concern for financial loss, they are to be forced. 


            Finally, the Beit Yosef also adds that one who was unable to pray because of drunkenness is also considered to be forced and must offer a Tefillat Tashlumin.


            The Shulchan Arukh (108:8) rules in that in all three cases, i.e. one who missed Tefilla because he mistakenly thought he had more time to pray, or out of concern for financial loss, or drunkenness, one must pray a Tefillat Tashlumin. 


            Interestingly, the Rema adds preferably one should not let financial loss prevent one from praying on time.  The Arukh Ha-shulchan questions this ruling, noting that since even in order to fulfill a mitzva mi-de'oraita, such as etrog, one is not permitted to squander one's money (see Tosafot Bava Kama 9b), certainly regarding a mitzva de-rabbanan, such as prayer!


            Therefore, he concludes that the Rema intends to include a case in which one MAY loose money, but not a case in which one will CERTAINLY loose money. 


One Who Intentionally Does Not Pray:


            Interestingly, regarding one who intentionally omits a Tefilla, the Rambam (Hilkhot Tefilla 3:8) rules, based on the Gemara (Berakhot 26a) that one who intentionally omits a Tefilla "has no means of restitution" (ein lo takanna).


The Rosh (Berakhot 4:2), however, records:


"This is the language of the Gaon- 'One who intentionally omits is the 'crooked who is unable to repair,' and he only receives the reward of rachamei (mercy), as (Tashlumin) is merely reshut (optional), however the reward of the mitzva he does not receive'- this implies that if he wishes to recite the intentionally missed Tefilla as Tashlumin, he may and he receives the rewards of 'mercy'…"


The Acharonim debate the nature of this Tefilla.  On the one hand, the Shulchan Arukh (108:7) rules in accordance with this opinion, and even writes:


"…If he wants to offer a voluntary prayer (Tefillat Nedava) he may, and he does not need to add (chiddush- to add a personal request in at least one of the middle berakhot) if he recites it with the adjacent prayer…"


Apparently, they understand that there are two types of Tefillat Tashlumin.  One who unintentionally or mistakenly misses a Tefilla is obligated to make up the missed prayer, and receives reward of an obligatory prayer.  One, however, who intentionally omits a prayer, may still make up the missed prayer, but it is viewed as a lower form of Tashlumin, as 'That which is crooked may never be repaired….'


            The Gr"a, however, as well as the Bach, disagree.  They argue that just as we learned that one who UNINTENTIONALLY misses two Tefillot may NOT offer a Tefillat Tashlumin for the first prayer, yet may recite a Tefillat Nedava with a chiddush, here, where one INTENTIONALLY missed a prayer, certainly must add a chiddush to his Tefillat Nedava! The Mishna Berura (108:22) cites their view.


            Apparently, the Shulchan Arukh maintains that as long as one recites the missed prayer during the next Tefilla, it still retains the character of a Tefillat Tashlumin, as opposed to a Tefillat Nedava.


Next week we will explore the laws of Tefillat Nedava.