When one loses a family member it is customary to recite mourner’s kaddish to elevate their souls during the year of their passing. An interesting question can arrise to those that are involved in kiruv. A child who was not-yet observant lost a parent and did not recite kaddish during the year of mourning. Years later he becomes observant and now wishes to recite kaddish for a year in order to “make up” for the kaddish prayers he did not recite during the year after their passing. Is this permitted to be done or is there a halachic problem involved.

Section 1: The View Not To Recite Kaddish
The reason to prohibit reciting kaddish in this instance is based upon a teaching of the Rama (Y.D. 376:4) who explains that the Talmudic Sages teach that the maximum that a very wicked person is punished in the afterlife in gehinom is 12 months. The public recitation of kaddish shields the departed soul from this punishment. Hence, kaddish is recited during the first year after a parent’s passing. However, the custom is to recite kaddish for 11 months only. Saying kaddish the entire 12 months would give the impression that the deceased was a very wicked person who needs protection the entire 12 months.
If reciting kaddish during the twelfth month is avoided because it gives off the impression that the parent was wicked and is still being punished. All the more so that reciting the kaddish years later would imply that the parent is still in need of protection from punishment and should be prohibited.
Indeed, Rav Avraham Yitzchak Hakohen Kook zt”l (Shu”t Daas Cohen 217) was asked regarding a child saying kaddish in the instance where, due to confusion, it is unclear whether the child is currently in the tenth month after the parent’s passing or in the twelfth. He rules that the child should not do so, since there is a possibility that he is in the twelfth month it would be inappropriate to recite kaddish. It would be safe to assume that in our situation, Rav kook would advise against reciting kaddish.

Section 2: The View To Recite Kaddish
Rav Yaakov Hillel shlit”a (Vayeishev Hayam 1:18) discusses this very question and he maintains that one should recite kaddish and that it is based upon the teachings of the Ari z”l.
The Ari z”l explains that Kaddish helps the departed not just to alleviate the punishment of Gehinnom, but also to elevate the soul in Gan Eden. It is for this reason that we recite kaddish on Shabbos and Yom Tov, despite the fact that all souls receive a respite from Gehinnom on Shabbos and Yom Tov.
The Ari z”l disagrees with the Rama and maintains that kaddish should be said in the twelfth month as well. This can be easily understood with the fact that the Ari z”l feels that kaddish is meant to not only alleviate the soul from the punishments of Gehinnom but to elevate the soul in Gan Eden. The Chida cites the view of the Ari z”l and writes that many recite kaddish into the twelfth month, but only refrain from the doing so the last week of the year of mourning.
Previously, we cited the Talmudic Sages who teach that the maximum that a very wicked person is punished in the afterlife in gehinom is twelve months. However, according to the Ari z”l not everyone goes to gehinom immediately after one passes. There are evil people that are not worthy of beginning the “cleanse” of gehinnom right away. And it would be possible for one’s year of punishment to begin time after the person’s passing. Refer to Hebrew footnotes for further elaboration of this view.
Based upon the above views of the Ari z”l, Harav Yaakov Hillel shlit”a maintains that in our situation one should recite Kaddish for his parent, despite the fact that it has been years since the passing. One should not worry that it gives off the impression that the parent was wicked and is still being punished since kaddish is effective in elevating the soul once it is peaceful in Gan Eden. In addition, it is possible that the twelve months of Gehinnom began years after the passing and soul is currently in gehinnom and in need of protection. A similar ruling was given to the author by Hagaon Rav Yitzchak Meir Morgenstern shlit”a.

Conclusion of the Poskim
The poskim address the following halachic question. A child who was not-yet observant lost a parent and did not recite kaddish during the year of mourning. Years later he becomes observant and now wishes to recite kaddish for a year in order to “make up” for the kaddish prayers he did not recite during the year after their passing.
Some poskim prohibit the recitation of kaddish based upon a teaching of the Rama who explains that the Talmudic Sages teach that the maximum that a very wicked person is punished in the afterlife in gehinom is 12 months. The public recitation of kaddish shields the departed soul from this punishment. Hence, kaddish is recited during the first year after a parent’s passing. However, the custom is to recite kaddish for 11 months only. Saying kaddish the entire 12 months would give the impression that the deceased was a very wicked person who needs protection the entire 12 months.
Rav Avraham Yitzchak Hakohen Kook zt”l was asked regarding a child saying kaddish in the instance where, due to confusion, it is unclear whether the child is currently in the tenth month after the parent’s passing or in the twelth. He rules that the child should not do so, since there is a possability that he is in the twelth month it would be inappropriate to recite kaddish. It would be safe to assume that in our situation, Rav kook would advise against reciting kaddish. A similar restrictive view can be found in the sefer Shvus Yaakov (2:39).
However, Rav Yaakov Hillel shlit”a maintains that kaddish should be recited and one need not worry that it gives off the impression that the parent was wicked and is still being punished. He bases this on the teaching of the Ari z”l that kaddish is effective in elevating the soul even once it is peaceful in Gan Eden. A similar ruling was given to the author by Hagaon Rav Yitzchak Meir Morgenstern shlit”a. For practical halacha, a rabbi should be consulted.