Shulchan Arukh, Orach Chayim 108:11-109:1

Hook

Imagine the hushed reverence of a synagogue in Salonica, the air thick with the scent of incense and ancient parchment, as the chazzan begins a melody that has echoed through generations. It’s a melody not just of words, but of memory, of a people who have carried their sacred texts and traditions across continents and through centuries. This is the vibrant tapestry of Sephardi and Mizrahi Torah, a heritage rich with a unique blend of intellectual rigor, poetic artistry, and deeply ingrained customs.

Context

Place

This rich tradition finds its roots in the vibrant Jewish communities that flourished across the Iberian Peninsula, North Africa, the Ottoman Empire, and the lands of the Middle East – regions often collectively referred to as Sephardi and Mizrahi. From the bustling souks of Baghdad to the intellectual centers of Cordoba, these communities developed distinct liturgical practices, legal interpretations, and a profound connection to the written word.

Era

The period we are exploring spans centuries, from the Golden Age of Spanish Jewry (roughly 10th-12th centuries) through the Renaissance and into the modern era. This era witnessed immense intellectual blossoming, the codification of Jewish law, and the continuous innovation and adaptation of traditions in response to diverse cultural and political landscapes. The Shulchan Arukh, the foundational legal code we are referencing, was compiled in the 16th century, drawing upon the vast legal discussions of previous generations, and its interpretation and application by Sephardi and Mizrahi scholars have shaped our understanding of Jewish practice.

Community

The Sephardi and Mizrahi communities, while sharing a common lineage and many core traditions, were not monolithic. They comprised diverse linguistic groups (Ladino, Judeo-Arabic, Arabic, Persian, etc.), distinct social structures, and unique regional customs. This inherent diversity is a source of strength and beauty, reflecting the myriad ways in which Jewish life has been lived and Torah understood across the globe. Our exploration today, while focusing on a specific legal passage, acknowledges this broader context of vibrant, multifaceted Jewish life.

Text Snapshot: Shulchan Arukh, Orach Chayim 108:11-109:1

The passages from the Shulchan Arukh before us delve into a practical, yet profound, aspect of Jewish observance: Tefillah, prayer, and specifically, what happens when one misses it. This section, particularly S'ifim 11 through 17 of Chapter 108, addresses the concept of make-up prayers, or Teshuvah (return/repentance) in the context of prayer.

S'if 11: The Principle of Make-Up Prayer

"If one erred or was forced [by circumstance] and did not pray the morning prayer, one should pray the afternoon prayer twice: the first is the afternoon prayer, and the second as a make-up. If one inverted [the order], one has not fulfilled one obligation in prayer for the prayer which is a make-up, and one needs to go back and pray it [again]. And the same law applies in every case in which one must pray a make-up prayer."

This opening s'if lays down the fundamental rule: if you miss a prayer due to an honest mistake or extenuating circumstances, you can "catch up" by praying the next prayer twice. The first recitation is for the current prayer time, and the second is a make-up for the one you missed. Crucially, the order matters. Praying the make-up prayer first is invalid; you must pray the current prayer first, then the make-up. This highlights the importance of order and intention in fulfilling the obligation.

S'if 12: Extending the Principle

"If one erred and did not pray the afternoon prayer, one should pray the evening prayer twice: the first is for the evening prayer, and the second is for the make-up. If one erred and did not pray the evening prayer, one should pray the morning prayer (i.e. Amidah) twice: the first for the morning prayer, and the second as a make-up. After one says "Yotzeir" [the blessings of the Recitation of the Sh'ma in the morning prayer] and the Eighteen Blessings (i.e. the Amidah), one should say Ashrei and then afterwards pray the Eighteen Blessings for the make-up evening prayer. [And similarly, when one prays the evening prayer twice because one did not pray the afternoon prayer, one should say Ashrei between one prayer [i.e. Amidah] and [the other] prayer.] [Sefer Mitzvot Katan and the Rivash - Siman 140]"

This s'if extends the principle to the other prayer times. Missing Mincha (afternoon prayer) requires praying Maariv (evening prayer) twice. Missing Maariv requires praying Shacharit (morning prayer) twice. It also introduces a practical detail: after completing the first Amidah, one should recite Ashrei (a psalm of praise) before commencing the make-up Amidah. This pause is significant, allowing for a clear separation between the two prayers and a moment of reflection.

S'if 13: The Time Constraint

"[This statement] that one can complete [i.e. make-up] the [Amidah] prayer that one missed applies specifically during the time of [the next Amidah] prayer, but when it is not the time of [that next Amidah] prayer, one may not."

This is a critical limitation. The ability to make up a missed prayer is strictly tied to the time of the immediately following prayer. If you miss Shacharit and it's already Mincha time, you can make up Shacharit during Mincha. However, if you miss Shacharit and it's already Maariv time, you can no longer make up Shacharit. The window of opportunity closes with the commencement of the next prayer's designated time.

S'if 14: The Rule of Adjacency

"There are no make-up prayers other than for the prayer immediately adjoining that prayer; so that if one erred and did not pray the morning prayer and [also] the afternoon prayer, one [only] prays the evening prayer twice [with] the latter prayer as a make-up for the afternoon prayer, but for the morning prayer there is no make-up; and the same goes for all the rest of the prayers."

This s'if reinforces the strict adjacency rule. If you miss two consecutive prayers, say Shacharit and Mincha, you can only make up the latter one (Mincha) during Maariv. The earlier missed prayer (Shacharit) has no make-up. This emphasizes the importance of not letting multiple prayer times slip by.

S'if 15: The Voluntary Prayer Option

"Even though there are no make-up prayers other than for the prayer immediately adjoining that prayer, and (other) prayers that one missed [i.e. one skipped two or more as mentioned above] do not have a make-up; if one wants to pray that one [i.e. the one that cannot be make-up anymore] as a voluntary prayer and one will innovate something [new] into it, one is allowed to and it is proper to do so."

This offers a glimmer of hope for those who have missed more than one prayer. While a formal make-up is not possible, one can still pray the missed prayer as a Nefilah (voluntary prayer). However, to distinguish it from an obligatory prayer and to ensure it is accepted as voluntary, one must introduce something new into it – a slight change in wording or intention. This reflects a beautiful principle of spiritual flexibility.

S'if 16: The Additional Prayer

"If the whole day passed and one did not pray the additional prayer [on Shabbat, Festivals, and Rosh Chodesh], there is no make-up for it."

The Musaf prayer, offered on Shabbat, festivals, and Rosh Chodesh, is an exception to the make-up rule. If one misses it entirely, there is no opportunity to make it up later. This highlights the unique status of Musaf as a prayer intrinsically linked to the specific day.

S'if 17: Intentional Omission

"[If] it was on purpose and one did not pray [an Amidah], there is no make-up for it. Even at the prayer that is immediately adjoining it. And if one wanted, one may pray it as a voluntary prayer and one does need an innovation of something new [in it] if one prayed it at the prayer time immediately adjoining it."

This is a stark pronouncement: intentional omission, keshatz u'm'rua (deliberately and carelessly), carries no make-up option. Even if you intentionally skip a prayer, and the time for the next prayer arrives, you cannot make up the intentionally skipped one. However, similar to S'if 15, one can still pray it as a voluntary prayer with the required innovation. This underscores the importance of sincere effort in prayer.

S'ifim 18-21: Extenuating Circumstances and Specific Cases

The subsequent s'ifim (18-21) delve into specific scenarios:

• S'if 18: Defines "extenuating circumstances" to include being preoccupied with urgent monetary needs to avoid loss, or even being drunk (though this is a severe lapse). These individuals do have a make-up opportunity, emphasizing that the law is not always rigid, but considers human frailty and unavoidable circumstances.
• S'if 19 & 20: Address the specific cases of missing Mincha on the eve of Shabbat or Rosh Chodesh. These are complex situations involving special insertions (Ya'aleh V'yavo) for the new month and Shabbat. The rule is to pray the evening prayer twice, with the second being the make-up. Errors in mentioning these special insertions can necessitate re-praying, highlighting the detailed nature of liturgical observance.
• S'if 21: Deals with missing Mincha on Shabbat. This requires praying twice after Shabbat ends, with specific instructions on how to differentiate between the Shabbat prayer and the weekday make-up prayer, particularly regarding the inclusion of Atah Chonantanu.

These s'ifim demonstrate the meticulous nature of Jewish law, where even the most specific circumstances are considered, and practical guidance is provided to navigate them. They reveal a legal system that is both precise and compassionate, seeking to ensure that the spiritual obligation of prayer is met, even in the face of human fallibility.

Minhag/Melody

The Melodic Resonance of "Ashrei" and the Power of Teshuvah

The Shulchan Arukh, in S'if 12, instructs us: "After one says 'Yotzeir' [the blessings of the Recitation of the Sh'ma in the morning prayer] and the Eighteen Blessings (i.e. the Amidah), one should say Ashrei and then afterwards pray the Eighteen Blessings for the make-up evening prayer." The inclusion of Ashrei before a make-up Amidah is not merely a procedural step; it carries profound liturgical and communal significance, particularly within the Sephardi and Mizrahi traditions.

Ashrei (Psalm 145) is a cornerstone of daily Jewish prayer, universally recited. Its placement here, between the current prayer and the make-up prayer, serves multiple purposes. First, it acts as a deliberate pause, a moment to transition from the completed obligation to the supplemental one. It allows the individual to mentally shift gears, acknowledging the fulfillment of the present, and preparing for the rectification of the past.

However, the specific melody and recitation of Ashrei can reveal deeper communal and regional nuances. While the words are constant, the musical interpretation often varies. In many Sephardi and Mizrahi communities, the recitation of Ashrei is not a simple, unadorned reading. It is often chanted with a specific niggun (melody), a melodic phrase that carries its own spiritual weight and historical lineage. These melodies are often passed down orally, from generation to generation, and can differ significantly between communities in places like Morocco, Egypt, Yemen, or Turkey.

Consider the Ashrei melody sung in a Moroccan synagogue. It might be characterized by a more flowing, melismatic style, perhaps incorporating maqamat (musical modes) that evoke a sense of longing or introspection. In contrast, an Iraqi Jewish rendition might be more rhythmically defined, with a more direct and powerful delivery. These melodic variations are not mere aesthetic choices; they are integral to the prayer experience, shaping the emotional and spiritual resonance of the words.

Furthermore, the inclusion of Ashrei before a make-up prayer in Sephardi and Mizrahi practice can be seen as an embodiment of Teshuvah itself. The psalm begins with "Ashrei yoshvei veitekha" – "Happy are those who dwell in Your house." This sentiment of finding solace and connection in divine presence is central to the concept of returning to God. By reciting Ashrei before the make-up prayer, the individual is, in essence, re-establishing their connection with God and reaffirming their desire to be in His presence, even after an error. This act of reciting Ashrei can be viewed as a melodic prayer for forgiveness and acceptance, a musical plea for the efficacy of the make-up prayer.

The Sefer Mitzvot Katan and the Rivash, cited in the Shulchan Arukh, support the inclusion of Ashrei between prayers. This points to a tradition that valued not only the legalistic correctness of make-up prayers but also the spiritual and emotional journey involved. The Ashrei serves as a spiritual bridge, connecting the present moment of prayer with the need for rectification, all within a framework of melodic beauty and communal tradition.

The melodic heritage of Sephardi and Mizrahi Jewry is vast and largely uncodified in written form, relying on the living transmission of niggunim and maqamat. This makes it a particularly precious aspect of the tradition. When one hears Ashrei chanted in a Sephardi or Mizrahi style, it is not just a recitation of a psalm; it is an immersion in a rich cultural and spiritual legacy, a melodic embodiment of Teshuvah and a testament to the enduring power of prayer. The very act of reciting Ashrei with a specific melody before a make-up prayer becomes a profound statement of faith, a melodic affirmation that even in moments of error, we can return to God with joy and hope.

Contrast

The Nuance of Make-Up Prayers: Ashkenazi and Sephardi/Mizrahi Approaches

The meticulousness with which the Shulchan Arukh addresses the intricacies of make-up prayers offers a fertile ground for understanding the subtle yet significant differences in Jewish practice. While the core obligation to pray three times a day and the concept of making up missed prayers are universally accepted, the specific methodologies and interpretations can vary between Ashkenazi and Sephardi/Mizrahi traditions. These differences, far from indicating superiority, highlight the richness of Jewish legal discourse and the diverse ways communities have internalized and applied Halakha.

One prominent area of distinction lies in the handling of prayers missed on Shabbat or Yom Tov, particularly when it comes to the prayer recited after Shabbat or Yom Tov concludes. Let's examine the case of missing Mincha on Shabbat. The Shulchan Arukh (108:19) states: "If one erred and did not pray the afternoon prayer on Shabbat, one should pray it upon the [immediately after the end of] Shabbat (two weekday prayers); one separates [Shabbat from weekday i.e. the insertion of 'ata chonantanu' into the 4th blessing of the Amidah] in the first, but one does not separate in the second. If one did not separate in the first, but separated in the second, the second prayer counts, but the first prayer does not count. If one separated in both of them, or did not separate in either of them, one has fulfilled one's obligation [for both recitations of the Amidah]."

This passage is particularly rich for analysis. It mandates praying two weekday Amidahs after Shabbat ends: the first to make up the missed Shabbat Mincha, and the second as the regular weekday Maariv prayer. The critical element is the inclusion of Atah Chonantanu (a phrase distinguishing Shabbat from weekdays) in the fourth blessing. This phrase must be recited in the first Amidah (the make-up for Shabbat Mincha) but not in the second (the weekday Maariv). The logic is that the first prayer is a substitution for a Shabbat prayer, and thus requires the Shabbat distinction. The second prayer is a regular weekday prayer, and therefore should not include the Shabbat distinction. If the order is reversed or the distinction is omitted where it should be, or included where it shouldn't be, it can invalidate one or both prayers, necessitating further clarification and potential re-prayer.

Now, let's consider a common Ashkenazi practice, as reflected in commentaries like the Mishnah Berurah. While the Shulchan Arukh is authoritative for all, Ashkenazi poskim often emphasize the importance of avoiding safek (doubt) and ensuring clarity. In the case of a missed Shabbat Mincha, an Ashkenazi approach might lean towards praying the make-up prayer with Atah Chonantanu, and then the regular weekday Maariv prayer without it. However, there can be variations in how strictly the "two weekday prayers" are interpreted. Some might argue that the second prayer should be a standard weekday Maariv. The emphasis for many Ashkenazi authorities is on clearly demarcating the end of Shabbat and the beginning of the weekday, and ensuring the make-up prayer is indeed a make-up for the Shabbat prayer.

The Turei Zahav (the Taz) and the Magen Avraham, both pivotal commentaries on the Shulchan Arukh that are highly respected in both traditions, grapple with the nuances of these make-up prayers. The Taz on 108:11 discusses the case of missing Mincha on Shabbat and praying Maariv twice. He notes a debate between the Tosafot and Rabbenu Yitzchak (R"i) and the "wise men of Provence." R"i suggests that since one has already prayed the Amidah, what is gained by praying it again without the Shabbat mention? The Provençal sages, however, believe that a prayer offered without the proper Shabbat mention is as if it wasn't prayed at all. This leads to the conclusion that one should re-pray it as a voluntary offering (nedavah). The Magen Avraham (108:15) echoes this, stating that the first prayer (without Shabbat mention) is "as if it didn't exist" (ke'maan d'leitai hu), and therefore one prays the second as a voluntary offering.

The Ba'er Hetev on 108:16 further elaborates on the debate regarding praying the make-up prayer as nedavah. It points to Radbaz who states that if one was prevented from praying Mincha on Shabbat, one prays two prayers after Shabbat: one obligatory and one for make-up, and crucially, one should not say Atah Chonantanu in either, even though one has not yet recited Havdalah (the separation ceremony for Shabbat). The reasoning is that the make-up prayer is for a prayer that should have been said on Shabbat, but the second is a regular weekday prayer. The Mishnah Berurah (108:33) discusses praying as nedavah, explaining that one should stipone the prayer with a condition, saying, "If I am obligated, this is for obligation, and if not, it is for a voluntary offering." This is a common Ashkenazi method for navigating halakhic uncertainty.

The Sephardi/Mizrahi approach, as presented in the Shulchan Arukh and its commentaries, tends to be more direct in its application of the primary ruling. The emphasis is on fulfilling the obligation as clearly as possible, even if it requires praying twice. The detailed instructions regarding the separation of Shabbat from weekday in the two prayers are paramount. The Ba'er Hetev's citation of Radbaz suggests a position where the make-up prayer for Shabbat Mincha should indeed be prayed without Atah Chonantanu, even before Havdalah, which is a more direct interpretation of the obligation to rectify the missed prayer.

Another point of contrast can be found in the handling of intentionally missed prayers (S'if 17). While both traditions agree that intentional omission forfeits the right to a make-up prayer, the Sephardi/Mizrahi approach, as elaborated in the Shulchan Arukh, clearly states that one may still pray it as a voluntary prayer with an innovation. The Mishnah Berurah (108:33) also discusses praying as nedavah for intentional omission but specifies the need for an innovation. The underlying principle of allowing a voluntary prayer with an innovation to express continued desire for spiritual connection is shared, but the emphasis and phrasing might differ.

In essence, while the fundamental legal principles are shared, the Ashkenazi tradition often emphasizes methods of disambiguation and conditional prayer to navigate potential uncertainties, whereas the Sephardi/Mizrahi tradition, as codified in the Shulchan Arukh, often presents a more direct application of the primary ruling, with detailed instructions for its implementation. This is not a matter of one being "more lenient" or "more stringent," but rather a reflection of differing methodologies in legal reasoning and the prioritization of certain principles in specific contexts. Both approaches are rooted in a deep commitment to fulfilling God's will and ensuring the sanctity of prayer.

Home Practice

Embracing the Spirit of Teshuvah in Your Daily Life

The laws of make-up prayers, while specific to the synagogue, offer a beautiful metaphor for how we can approach our own spiritual journeys and responsibilities outside of formal prayer services. The core idea is one of Teshuvah – return and rectification.

Your Home Practice:

Choose one area in your life where you feel you have fallen short or missed an opportunity – it could be a promise you didn't keep, a task you postponed, a kind word you failed to utter, or even a creative project you've neglected.

1. Acknowledge the Missed Opportunity: Simply and honestly acknowledge to yourself that you missed an opportunity or fell short. There's no need for harsh self-judgment, just gentle recognition.
2. Identify the "Make-Up" Action: What is the equivalent of praying a second Amidah? It's taking a concrete, positive action to rectify the situation. If you promised to call a friend, make that call. If you meant to read a chapter of a book, read it now. If you intended to practice a skill, dedicate 15 minutes to it.
3. Add an "Innovation": Just as the Shulchan Arukh suggests innovating something new into a voluntary prayer, try to add a small, positive element to your make-up action. This could be adding an extra touch of kindness, a moment of deeper appreciation, or a slightly different approach than you might have taken before. For instance, if you're calling that friend, add a sincere compliment or offer specific help. If you're reading, reflect on what you've learned and jot down a note.
4. Set a Time Limit: Just as make-up prayers are time-bound, set a reasonable time limit for your make-up action. This makes it manageable and encourages immediate engagement. Perhaps you'll commit to this action within the next 24 hours.

This practice mirrors the spirit of Teshuvah in the Shulchan Arukh: acknowledging a lapse, seeking to rectify it with a concrete action, and infusing that action with renewed intention and care. It's about recognizing that while we may miss opportunities, we always have the chance to return and make amends, bringing a little more light into our lives and the lives of others.

Takeaway

The intricate details of make-up prayers, as elucidated in the Shulchan Arukh, reveal a profound respect for human fallibility and a deep commitment to spiritual continuity. They teach us that while missing an obligation is a reality, the opportunity to return and rectify is always present, provided we approach it with sincerity, intention, and a willingness to learn. This tradition, rich with the history and spirit of Sephardi and Mizrahi Jewry, offers us not just legal guidelines, but a pathway to a more mindful and dedicated engagement with our spiritual lives, reminding us that even after a stumble, the journey of Teshuvah continues, illuminated by the wisdom of generations and the beauty of our shared heritage.