Shulchan Aruch: Chapter 108 - One who has not Prayed due to an Error or due to Forces beyond his Control

SECTION 108 [Laws Relating to] One who has not Prayed due to an Error or due to Forces beyond his Control. (1-18)

1 A person who did not recite the Morning [Shemoneh Esreh] inadvertently or was prevented from doing so by forces beyond his control must recite the Afternoon [Shemoneh Esreh] twice, the first as the Afternoon [Shemoneh Esreh] and the second as compensation1 [for the Morning Shemoneh Esreh].2 For one must give precedence to the Afternoon Service, which is the immediate obligation, over the Shemoneh Esreh that is recited as compensation.

If one reversed the order and intended that the first [Shemoneh Esreh] should compensate, he has not discharged his obligation concerning the compensatory Shemoneh Esreh, and he must repeat it after the Shemoneh Esreh that was the immediate obligation. (The rationale is that [the Sages] instituted [the possibility for] compensation only when one is involved with the Shemoneh Esreh that was the immediate obligation. At that time, one may compensate for whatever he omitted in his prayers. He cannot do this beforehand or afterwards, as will be explained.3) This also applies whenever a Shemoneh Esreh must be recited as compensation.4

There are those who question [the above ruling], maintaining that one is not required to repeat Shemoneh Esreh unless [by the content of his prayer] he explicitly revealed his intention that the second Shemoneh Esreh should be considered obligatory and the first should be considered as compensatory. For example, on Saturday night he included the passage beginning Atah Chonantanu5 in the second Shemoneh Esreh, but not [as would have been appropriate] in the first, as will be explained.6 One should give weight to their words and introduce a new element when he repeats Shemoneh Esreh. In such an instance, all authorities agree that there is no cause for concern as to a blessing having been recited in vain,7 as was explained in sec. 107:1.

2 One who did not recite the Afternoon [She­moneh Esreh] inadvertently, or was prevented from doing so by forces beyond his control, must recite the Evening [Shemoneh Esreh] twice, the first as the Evening [Shemoneh Esreh] and the second as compensation.2 Though the prayers correspond to the sacrifices,8 [in the case of the prayers] we do not apply the principle that since the day has passed, the sacrifice can no longer be [offered].9 [The rationale is that] the prayers are requests for [G‑d’s] mercies,10 and whenever one prays, he will be rewarded for praying, though he will not be rewarded for praying at the appropriate time.

3 One who did not recite the Evening [She­moneh Esreh] inadvertently, or was prevented from doing so by forces beyond his control, must recite the Morning [She­moneh Esreh] twice, the first as the Morning [She­moneh Esreh] and the second as compensation.2 He is forbidden to eat until he has recited the second [Shemoneh Esreh],11 but if he began [eating], he is not required to stop.12

4 With regard to the recitation of the Shema, by contrast, there are authorities who maintain that compensation cannot be made. All authorities agree that compensation cannot be made for [the failure to recite] the blessings of the Shema, as was explained in sec. 58[:11].

5 It is desirable not to recite a compensatory Shemoneh Esreh directly after the Morning Shemoneh Esreh. Instead, one should separate the two by reciting the Ashrei prayer13 (that follows the Tachanun prayers14), so that he will embark on the recitation of the compensatory Shemoneh Esreh, too, out of the Torah’s words of consolation, as will be explained in sec. 234:2.15

Similarly, when one recites the Afternoon [Shemoneh Esreh] twice or the Evening [Shemoneh Esreh] twice, it is desirable to recite Ashrei between one Shemoneh Esreh and the other, even though according to the letter of the law, it is sufficient to wait merely as long as it takes to walk four cubits, as was explained in sec. 105. Nevertheless, the Zohar16 cautioned that one should not recite the psalm beginning Tehillah LeDavid17 after the Afternoon or Evening Services18 unless one recites it as if he is reading the Torah and not as an obligation.19

6 If one is required to recite the Morning [Shemoneh Esreh] twice or the Afternoon [Shemoneh Esreh] twice and he is [serving] as a sheliach tzibbur, he fulfills his obligation by his repetition of the Shemoneh Esreh aloud.

7 Compensation for a Shemoneh Esreh that was omitted is possible only at the time of the Shemoneh Esreh (adjacent to it), but not at a time that is not [associated with] prayer. For example, if one waited a long time after reciting the prayer service that was an immediate obligation, he may not pray again to compensate for the prayer that he missed. [The rationale is that the Sages] ordained that one may compensate for a prayer that he missed only while he is involved with a prayer that is a current obligation. At such a time, since he is involved with prayer, he may go back and compensate for what he transgressed20 [by omitting] his prayers.21

8 [The Sages] ordained compensation only for the immediately preceding Shemoneh Esreh. For example, if one erred and recited neither the Morning nor the Afternoon [Shemoneh Esreh], he should recite the Evening Shemoneh Esreh twice, the second serving as compensation for the Afternoon Shemoneh Esreh, which immediately precedes the Evening Shemoneh Esreh. There is, however, no way to compensate for the Morning Shemoneh Esreh. Similar concepts apply with regard to other Shemoneh Esreh prayers.

Nevertheless, if someone erred and did not recite the Morning Shemoneh Esreh on Shabbos, he should recite the Afternoon Shemoneh Esreh twice, even though [the preferred time for] the Shemoneh Esreh of Mussaf has passed.22[The rationale is that] Mussaf is different from the Morning and Afternoon prayers, which were instituted in place of the daily offerings.23 They are therefore considered as adjacent to each other even though the Shemoneh Esreh of Mussaf is interposed between them, because it is an entirely different matter.

9 [True,] compensation is possible only for the Shemoneh Esreh that immediately precedes the Shemoneh Esreh [being recited], and no compensation can be made for other prayers that were omitted. Nevertheless, if one desires to recite those Shemoneh Esreh prayers as freewill offerings, adding a new element to them as was explained in sec. 107[:1], he is permitted to do so and, [indeed,] it is proper to do so. Accordingly, if someone was sick or imprisoned in a place that was not clean,24 it is proper that when he is released he should recite all the Shemoneh Esreh prayers that he missed, making a fresh addition to each of them. If he was released from prison on Rosh Chodesh, he should include Yaaleh veyavo25 in each Shemoneh Esreh. (If, however, he was released on Shabbos, he should not compensate for [those prayers] as freewill offerings until the following day, for the reason explained in sec. 107[:1]).

10 If the entire day passed and one did not recite Mussaf, there is no possibility for compensation. How could one read [the verses describing] the sacrifices when the time for Mussaf has passed? Moreover, the seven blessings of [the Shemoneh Esreh of] Mussaf were ordained solely according [to the motif],26 “We will render [the prayer of] our lips in place of [the sacrifice of] bullocks.” In this instance, it is certainly [appropriate to say that] since the time has passed, the sacrifice can no longer be [offered]. With regard to other prayers, by contrast, [since] they are requests for mercy,27 [we say,] “If only a person would pray all day long!”28

11 [The possibility of] compensating [for an omitted Shemoneh Esreh] was instituted only when [the omission] was inadvertent or due to forces beyond one’s control.29 If, by contrast, one willfully did not recite a Shemoneh Esreh, he cannot compensate for it even at the time of the Shemoneh Esreh that immediately follows it. Concerning such [an omission] may be applied the verse,30 “A wrong that cannot be righted.” Nevertheless, if he desires, he may recite this [Shemoneh Esreh] as a freewill offering. [In this instance,] he is not required to add a new element. [The rationale is that] were he to have omitted it inadvertently, he would have been obligated to recite it as compensation without adding a new element. Hence, now that he is praying as a freewill offering, the one who intentionally [failed to pray] acts as one who did so inadvertently. He is rewarded for praying in supplication and requesting mercy. He is not granted the reward of one who prays as a mitzvah, but rather that of one who prays voluntarily.

12 One is not considered as having omitted [the recitation of the Shemoneh Esreh] willfully unless he does so brazenly, without being preoccupied with anything. If, by contrast, one was preoccupied in averting a financial loss and thus failed to pray, then even though he acted contrary to the law, for it is forbidden to allow the time for pray to pass because of a financial loss, he is not considered as having transgressed willfully and wantonly and hence unable to compensate for his [failure to] pray.

Similarly, if one was drunk and did not know the time, he is considered to have been prevented [from praying] by forces beyond his control. [This applies] even when he began drinking after the time for prayer had begun, because he thought he would have time to pray after the effects of the small amount of wine that he began drinking with a settled mind had worn off. Afterwards, his heart was drawn to drinking and he forgot about praying and became so intoxicated that there was no time for the effects of the wine to wear off before the time for prayer passed.

The same applies to one who was involved in a business matter and did not pray while he had time to pray because he thought he would still have time after he concluded that transaction, but in the interim forgot about his prayers and continued his business activities until the time for prayer passed. He, too, is not considered to have willfully [neglected prayer], for one who forgets is considered as one prevented by forces beyond his control and he may compensate for his omission. [This applies] even if the business transaction was of the type forbidden once the time for prayer arrives, and he began involvement in this activity when it was forbidden. [He is granted this leniency] since he did not omit the prayer brazenly, but rather thought that he could pray after he completed the transaction and later forgot.

13 If a person came to the synagogue close to [the time for] the Evening Service and went to lead the congregation31 in prayer, reciting the Evening Service while it is still day,32 even though he had not yet recited the Afternoon Service he should not be likened to someone who intentionally did not pray,33 because the time for the Afternoon Service has not yet passed.34 He should therefore recite the Afternoon Service immediately.

Even if one would argue that he cannot recite the Afternoon Service at that time since he has already deemed it night by reciting the Evening Service, [he should] nevertheless [recite another Shemoneh Esreh. At the very least, he will be considered as having recited] the Evening Shemoneh Esreh twice, [the first for the Evening Service,] and the second as compensation for the Afternoon Service.

If [that evening] is Rosh Chodesh, he should include Yaaleh veyavo25 in the second Shemoneh Esreh as well, for he has already accepted Rosh Chodesh.

14 If one erred and did not recite the Afternoon Service on Friday, he should recite the Shemoneh Esreh of Shabbos Evening twice,35 the first as the Evening Shemoneh Esreh and the second as compensation [for the Afternoon Shemoneh Esreh].36 If he recited the second Shemoneh Esreh as a weekday prayer, he has not fulfilled his obligation to make compensation, for there can be no Shemoneh Esreh on Shabbos that does not mention Shabbos.37

Similarly, if one did not recite the Afternoon Service on the day before Rosh Chodesh, in the evening he should recite the Shemoneh Esreh38 of Rosh Chodesh twice. If, however, he included Yaaleh veyavo in the first Shemoneh Esreh and did not do so in the second Shemoneh Esreh or he omitted it in both of them, he need not repeat Shemoneh Esreh. [The reason is that] it is not necessary to repeat Shemoneh Esreh in order to mention Rosh Chodesh in the Evening Shemoneh Esreh, because the new month is not sanctified at night, as will be explained in sec. 422.39

If, however, one included [Yaaleh veyavo] in the second [Shemoneh Esreh], but not in the first, he must go back and recite Shemoneh Esreh again as compensation. [The rationale:] He indicated that he had intended that the first Shemoneh Esreh should serve as compensation for the Afternoon Service on the day preceding Rosh Chodesh — and hence, he did not mention Rosh Chodesh in it — and that the second would be the Evening Shemoneh Esreh of Rosh Chodesh. And, as explained above,40 if one recites a compensatory Shemoneh Esreh before the Shemoneh Esreh which is the immediate obligation, this is not considered as compensation.

The above applies when one [omitted Yaaleh veyavo in the first Shemoneh Esreh] intentionally. If, however, he [merely] forgot to include [Yaaleh veyavo] in the first [Shemoneh Esreh], he is not required to repeat it, as will be explained.41

15 If one erred and did not recite the Evening Service of Rosh Chodesh, and hence recited the Morning Shemoneh Esreh twice but forgot to recite Yaaleh veyavo in the second [Shemoneh Esreh], he is required to recite Shemoneh Esreh again. [It is true that the second Shemoneh Esreh] is compensation for the Evening Shemoneh Esreh, and [as a rule] the evening Shemoneh Esreh is not repeated if Rosh Chodesh is [not] mentioned — but that is because the new month is not sanctified at night. Here, by contrast, since he is now reciting She­moneh Esreh by day, he must repeat it [in the event of such an omission].

16 If one erred and did not recite the Afternoon Service on Shabbos, he should recite a weekday Shemoneh Esreh twice on Saturday night. He should include Havdalah42 in the first Shemoneh Esreh, but not in the second, for it is sufficient to recite Havdalah once. [In this,] there is a difference from the requirement to mention Rosh Chodesh in every Shemoneh Esreh recited on that day; hence one must also mention Rosh Chodesh in a Shemoneh Esreh recited as compensation on that day, as has been explained.43

If one recited Havdalah in both of them, he has fulfilled his obligation. Similarly, if he did not recite Havdalah in either of them, he is not required to repeat Shemoneh Esreh. She­moneh Esreh is not repeated in order to enable the inclusion of Havdalah, since Havdalah can be recited afterwards over a cup of wine, as will be explained in sec. 294[:3].

If, however, one did not recite Havdalah in the first Shemoneh Esreh, but did so in the second, the second Shemoneh Esreh is considered as the Shemoneh Esreh of the Evening Service and the first one is of no consequence;35 he must recite Shemoneh Esreh again in compensation for the Afternoon Shemoneh Esreh. [The rationale:] He indicated that he had intended that the first Shemoneh Esreh compensate for the Shabbos Afternoon Service, and that was why he did not recite Havdalah in it. In the second Shemoneh Esreh, he intended that it be the Shemoneh Esreh of Saturday night.44

[The above applies] when he intentionally did not include Havdalah [in the first Shemoneh Esreh.] If, however, he forgot to recite Havdalah at that time, he need not repeat [Shemoneh Esreh], for [his omission] is not considered as having revealed his intent, since it was inadvertent.

17 If one erred in the Shabbos Afternoon Service and recited Shemoneh Esreh without mentioning Shabbos, he has not fulfilled his obligation and he must recite Shemoneh Esreh again if he remembered while it was still day.45 If, however, he did not remember until after nightfall, he is not required to recite the Evening Shemoneh Esreh twice. For when reciting the Evening Service, too, he will merely recite a weekday Shemoneh Esreh as he recited during the Afternoon Service. Thus he will gain nothing by this compensation.

Other authorities maintain, however, that since he did not fulfill his obligation in the Afternoon Service, it is as if he had not prayed at all, in which instance he is required to recite the Evening Shemoneh Esreh twice. Since [the two views] are of equal weight [and thus the matter is unresolved], in order to be free of doubt he should recite the second Shemoneh Esreh as a freewill offering. He need not introduce a new element, for nothing could be more innovative than reciting She­moneh Esreh because of a doubt, as explained in sec. 107[:1].

Similar laws apply if one omitted Yaaleh veyavo in the Afternoon Service of Rosh Chodesh and the following night is not Rosh Chodesh. If, however, the following night is also Rosh Chodesh, all authorities agree that one should recite the Evening Service twice, for he will gain something by mentioning Yaaleh veyavo in the compensatory Shemoneh Esreh. The same applies with regard to [the recitation of the compensatory Shemoneh Esreh] on the second night of a festival.46

The above likewise applies if one forgot to say vesein tal umatar [in the blessing for material prosperity]47 or mashiv haruach... [in the second blessing],48 for he will be able to recite them in the compensatory Shemoneh Esreh.49

18 [The following rules apply if one] erred and mentioned an event concerning another day at an inappropriate time; e.g., he recited Yaaleh veyavo when it was neither Rosh Chodesh nor Chol HaMoed, or he recited the Shemoneh Esreh of a Shabbos or of a festival on an ordinary weekday. If he remembered [and realized] that he erred, he should stop even in the midst of a blessing. If he did not remember until after he had completed the blessing, or the entire Shemoneh Esreh, some authorities maintain that the mention of an event concerning another day is not considered as an interruption in the midst of prayer that would require one to return to the beginning of Shemoneh Esreh or to the beginning of the blessing which he interrupted [by making this addition].

However, other authorities maintain that the law governing such a person is [the same] as if he had made an interruption by speaking in the midst of Shemoneh Esreh, in which instance he is required to return to the beginning [of Shemoneh Esreh] or to the beginning of the blessing in which he made the interruption — in the spirit of the explanations given in sec. 104[:4]. (With regard to determining the law to be applied:) [As a rule, whenever there is] a doubt [whether it is necessary to recite] a blessing [or not], we rule leniently.50 [Hence, the blessing should not be recited.]51 With regard to prayer, however, [there is a contrary principle]:52 “If only a person would pray all day long!” Hence, in all places [where the supports for each opinion] are of equal weight, one should recite another Shemoneh Esreh as a freewill offering. One is not required to add a new element to it, as explained [above].53