Question: I forgot that it was Rosh Chodesh and so arrived late to shul. Should I have davened shacharis while the kehilla were davening mussaf, or davened mussaf with them and davened shacharis afterwards?
Answer: The Shulchan Aruch (OC 286:1) writes that the
correct time for mussaf is after shacharis. The Rema adds
that if one davened mussaf before shacharis they
have still fulfilled their obligation.
The Gemara (Zevachim 90b) discusses which rule takes precedence,
that of tadir, the more frequent of two objects takes precedence, or mekudash,
the one of greater sanctity. R’ Yitzchak Elchanan Spector (Baer Yitzchak OC 20)
argues that if one missed davening shacharis betzibur, they
should at-least daven mussaf betzibur and daven shacharis
later. While shacharis is an everyday occurrence, and therefore tadir,
nonetheless, davening mussaf betzibur is considered mekudash,
and so should be performed now, while one can do so with a minyan. While
this applies to mussaf on Yom Tov, it does not necessarily apply to mussaf
on rosh chodesh and chol hamoed.
R’ Moshe Feinstein (Igros Moshe OC 4:68) disagrees, writing that
one must always daven shacharis before mussaf. Firstly, the Torah
refers to the korban tamid as haolah, the olah, to
emphasise that no korban precedes it (See Mishna Berura 286:5; Kaf
Hachaim OC 286:12). Additionally, the rule of tadir means that one must daven
shacharis before mussaf. Also, shacharis must be recited in
the morning, while musaf can be recited throughout the day.
R' Yitzchak Yaakov Weiss (Minchas Yitzchak 6:36) adds that one who
davens the shacharis amida while the tzibbur are
davening mussaf may even be considered as davening tefilla
betzibbur (See Rivevos Ephraim 8:345).
In conclusion, one who comes late to shul on a day when we daven
mussaf must ensure that they daven shacharis first.
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