The Daily Halacha Moment - Hamelech Hakadosh/HaMishpat 👑
״כל השונה הלכות בכל יום - מובטח לו שהוא בן עולם הבא״ (נידה עג ע״א, מגילה כח:)
“Anyone who studies Halachot every day is guaranteed that he is destined for the world-to-come” (Megilla 28b, Niddah 73a)
Question:
What does one do if one forgot to say haMelech haKadosh/HaMishpat?
Answer:
Beginning from Arvit of Rosh HaShanah until after Yom Kippur, one must recite HaMelech haKadosh instead of haKel haKadosh in the Amidah, at the conclusion of the berachah of Atah Kadosh. [1] If one forgot to recite the words haMelech haKadosh and has not yet started to recite the next berachah, then one should correct himself toch kedei dibbur (within about three seconds[2]) and continue praying. [3]
If one already began his recitation of the berachah after haMelech haKadosh and then realized that he forgot to say the words haMelech haKadosh, one must return to the beginning of Shemoneh Esrei. Similarly, one who already finished Shemoneh Esrei and realized that he forgot to recite haMelech haKadosh must repeat Shemoneh Esrei. The same is true if one is unsure if he said haMelech haKadosh. [4] If one forgot to say haMelech haMishpat, he may correct himself within approximately three seconds after reciting the berachah, as long as he has not yet started the next berachah (the berachah of LaMinim) [5]
The Sefardic custom is: If one finished Shemoneh Esrei
and realizes that he did not say haMelech haMishpat, or is unsure if he said it, he must repeat Shemoneh Esrei [6] One who realizes that he did not say haMelech haMishpat and did not yet finish reciting Shemoneh Esrei should return to the berachah of Hashivah Shoftenu and continue from there. [7]
The Ashkenazic custom, however, follows the Rama, O.C. 118:1 (See also Mishnah Berurah there), which is that one should not repeat Shemoneh Esrei if one forgot to say haMelech haMishpat because one already said melech when reciting melech ohev tzedakah u’mishpat.
Adapted From R' Yonatan Nacsons "Laws Of The Holidays"
Sources:
[1]. See Berachot 12b; Shulchan Aruch 582:1.
[2]. See Magen Avraham 206:4; Mishnah Berurah §7; Ben Ish Chai, Balak 1:3; and Chazon Ovadia, Yamim Nora’im, p. 190.
[3]. Shulchan Aruch §2; Yabia Omer 7:51; Chazon Ovadia, Yamim Nora’im, p. 190; Yalkut Yosef, Yamim Nora’im, p. 194, 10 & p. 468; Ohr LeTzion, vol. 4, 6:1.
[4]. Shulchan Aruch §1; _Chazon Ovadia, Yamim
Nora’im_, p. 190 & and in the footnotes on p. 192; Yabia Omer 7:51; Yalkut Yosef, Yamim Nora’im, pages 194–195 & 468. One must even go back if he knows that he intended to recite haMelech haKadosh, but is unsure if he actually said it.
[5]. Shulchan Aruch, O.C. 582:2; Moed LeChol Chai 13:28; Chazon Ovadia, Yamim Nora’im, p. 190; Yalkut Yosef, Yamim Nora’im, p. 479
[6]. Shulchan Aruch, O.C. 582:1. If one is unsure whether he said haMelech haMishpat, he should repeat Shemoneh Esrei with a stipulation that if he is obligated to repeat it, this tefillah should fulfill his obligation, but if he is not obligated, then this tefillah should be a tefillah nedavah.
[7]. Shulchan Aruch, O.C. 582:1. See also Yabia Omer 2:8–10 and ibid., vol. 10, 54:20, which discusses this subject at length; Halichot Olam, vol. 2, p. 250; Yechaveh Daat 1:57; Chazon Ovadia, Yamim Nora’im, p. 194.
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