If one Davens the Tashlumin before the Tefillah, (e.g. Tashlumin for Mincha before Maariv – and that was his Kavanah), is one Yotzei either Teffilah? Should he Daven either one again, as a Teffilas Nedavah?
Answer:
The wording of the Baraisa (Berachos 26b) is that one does not fulfill one’s obligation even on a bedieved level, and that after davening the Tefillah of the time, one would have to daven the Tashlumin again.
Poskim try to explain why this is the case. The Levush (Orach Chaim 110) writes that the reason is because of tadir ve-she’eino tadir, tadir kodem (we can explain that because of this halachah, it follows that the original enactment of Tashlumin applies only after the correct Tefillah of the time. See also Eliyah Rabba (110); Taz (110:10); Peri Megadim.
Therefore, one is not yotzei either Tefillah, and must daven again twice.
