#847: A Double Davening in Doubt
There are times when we are required to recite Shemoneh Esreh (the silent Amidah prayer), even though by doing so, there is a possibility that we are saying the same tefillah a second time. This is the case for a person who cannot recall whether they have davened Shacharis or Mincha on a weekday. For although there is a general principle of safek midivrei sofrim l’hakel (we are lenient when in doubt regarding Rabbinic law—see Halachah #802), our Sages say, “Halevei sheyispalel adam kol hayom kulo” (If only a person would daven [voluntarily] all day long).
Wherefore to Daven?
Our daily tefillos (prayers) were instituted as a substitute for the korbanos tamid (daily sacrifices) in the Beis Hamikdash. A morning tamid and an evening tamid, which are categorized as olos chovah (obligatory burnt offerings), are replaced by the tefillos chovah (obligatory prayers) of Shacharis and Mincha. (Maariv commemorates the burning of the leftovers of the evening tamid, which occurred at night.)
In addition to olas chovah, there exists the opportunity for an individual to bring an olas nedavah (voluntary sacrifice). A person may likewise pray Shemoneh Esreh whenever they desire as a tefillas nedavah (voluntary prayer)—as long as at least one new request is added with respect to the lav (Biblical prohibition) of bal tosif (not to add [to the mitzvos]). Without the distinction of a unique tefillah to highlight it as a tefillas nedavah, davening a second time would resemble the act of sacrificing an extra korban tamid.
(The general practice of adding tefillah nedavah has been discontinued, since many people nowadays are sadly unable to summon proper kavanah. As the Shulchan Aruch states, an individual who wishes to daven tefillas nedavah must acknowledge in himself an eagerness and confidence to concentrate throughout Shemoneh Esreh from beginning to end. If, however, they cannot concentrate properly, we apply the tochachah—rebuke—of Yeshayahu the Prophet [1:11]: “Of what value to Me are your many offerings?” If only we were able to concentrate during the three obligatory prayers every day! However, this admonition only applies when davening a tefillas nedavah spontaneously. When halachah dictates a a repetition of a tefillah, it is no different than when we daven regularly—despite our lack of confidence in our ability to have sufficient kavanah.)
How to Daven?
Although it is not the common practice today to add voluntary tefillos, it is a concept that is utilized when doubt arises whether an individual davened or not.* When saying Shemonah Esreh in this situation, a person must stipulate mentally or verbally that if this recital is a repetition it should be considered a tefillas nedavah. Nothing else needs to be added to the tefillah; the doubtful situation itself creates a distinction. If they began to pray and it comes to light that the tefillah was indeed already recited, it is nonetheless completed.
(However, if someone began Shemoneh Esreh as a tefillas chovah—certain they hadn’t yet davened—but then remembers that they already recited it, the davening must be terminated, as it was never intended as a nedavah. A tefillah cannot be half-nedavah and half-chovah.)
When to Daven?
Reciting a (possibly) second Shemonah Esreh when in doubt does not apply to Shabbos or Yom Tov tefillos or any day’s Mussaf, as no voluntary korbonos are brought on Shabbos and Yom Tov nor is there is there a nedavah concept for korban mussaf. (This can be understood two ways: a mussaf is a communal korban, and a tefillas nedavah only individual; also, mussaf is categorized as a korban chatas—a sin offering—and only olos nedavah are acceptable.)
Regarding Maariv, slightly different rules apply. There are poskim who suggest that there is no requirement to recite this tefillah when in doubt, since Maariv is reshus ([originally instituted as an] optional prayer), but their view is not the accepted halachah; we do recite Shemoneh Esreh and bear in mind the possibility of it being counted as a tefillas nedavah. In consideration of those who do not require Maariv repeated, however, it is recommended that something should be added to the prayer’s text so it qualifies as a true tefillas nedavah.
On account of these dissenting opinions, there is room for leniency for someone who finds the repetition of Maariv too difficult.
*Some maintain that even when in doubt, we should refrain from repeating Shemonah Esreh for the reason outlined above: there is hardly sufficient kavanah for obligatory prayers. However, this is not the accepted halachah.