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Kiddush: Difference between revisions
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==Women== | ==Women== | ||
#The Mitzvah of | #The Mitzvah of kiddush is unique in that women are obligated even though it is a [[Mitzvat Aseh She’Hazman Grama]] (positive time-bound mitzvah), based on a Talmudic derivation that since women are obligated by the prohibitions of [[Shabbat]], they are also obligated in the positive commandments of the day.<ref>On [[Berachot]] 20b, Rava says that women are obligated in [[Kiddish|Kiddush]] on a Deoraita level because the torah compares the positive and negative commandments of [[Shabbat]] by interchanging the terms "Zachor" and "Shamor" implying that anyone who is obligated in the negative commands is also obligated in the positive ones. Shulchan Aruch 271:2 and Kitzur Shulchan Aruch 77:4 codify this as the halacha. A woman's obligation applies both at night (Mishna Brurah 271:3) and during the day (Mishna Brurah 289:6). Maharam Chalava pesachim 106a "bayom mai" disagrees and says that women aren't obligated during the day, but we don't pasken this way. </ref> | ||
#Since women are obligated on a biblical level, they should either listen to their husband or hear another adult make [[Kiddish|kiddush]] and answer [[Amen]], or say it themselves.<ref>Since women are obligated in [[Kiddish]] on a biblical level, they can definitely make [[Kiddish]] for themselves. Additionally since a man is obligated, a women can fulfill her obligation with the man's [[Kiddish]] as they both have a | #Since women are obligated on a biblical level, they should either listen to their husband or hear another adult make [[Kiddish|kiddush]] and answer [[Amen]], or say it themselves.<ref>Since women are obligated in [[Kiddish|Kiddush]] on a biblical level, they can definitely make [[Kiddish|Kiddush]] for themselves. Additionally, since a man is obligated, a women can fulfill her obligation with the man's [[Kiddish|Kiddush]] as they both have a Deoraitah obligation. According to the Magen Avraham that one fulfills the Deoraitah obligation in [[prayer]], if a man and women have both already prayed, they can fulfill each other's obligation since they have equal obligations. However, if the man prayed and the women didn't, then the man is obligated on a Rabbinical level and the women is obligated on a biblical level. If so, asks Rav Yechezkel Landau in Dagul Mirvavah 271:2, perhaps the women can't fulfill her obligation with the man's reading, since he isn't obligated to the same degree that she is. However, perhaps she can still fulfill her obligation through his recitation since men are able to fulfill the obligation of others based on the principle of Kol Yisroel Arevim Zeh LaZeh (the Jewish people are guarantors for one another to fulfill the mitzvot). This second side is not simple though, because the Rosh ([[Brachot]] 3:13, last line) writes that women aren't included in Arevim, and so perhaps a man wouldn't be able to fulfill her obligation based on this principle. The Dagul Mirvava leaves his question unanswered. The Kitzur Shulchan Aruch 77:4 writes that it's preferable that women say the [[kiddish|kiddush]] along with the one making [[Kiddish|kiddush]] so that they are fulfilling their own obligation. However, the Sh"t Rabbi Akiva Eiger 1:7 argues that certainly women are included in Arevim Zeh LaZeh, and explains that the Rosh was only talking about mitzvot that women are exempt from. But here the women is obligated in the mitzvah of kiddush in general, so even a man who has davenned already and only has a rabbinic obligation, can fulfill the biblical obligation of a woman who has not davenned. See also Haga'ot Rebbe Akiva Eiger on Magen Avraham 271:2 who says the same thing. Aruch HaShulchan 271:6 and Chazon Ovadyah ([[Shabbat]] vol 2 pg 24) concur. </ref> | ||
#Technically a woman can fulfill the obligation of her husband and family though it isn't advised.<ref>Shulchan Aruch 271:2 writes that since women are obligated in [[Kiddish]] on a | ##A minor can't make kiddush for an adult woman, since she is biblically obligated in the mitzvah, whereas the minor is only rabbinically obligated.<ref>Mishna Brurah 271:3</ref> | ||
##A person who is questionably still a minor (i.e. a 13-year-old son whose physical signs of maturity have not been verified) also should not make kiddush for an adult woman.<ref>Mishna Brurah 271:3 explains that even though there is a chazaka (lit: presumption) that a 13-year-old already has simanei gadlus (i.e. 2 pubic hairs), nonetheless we are only willing to rely upon this chazaka with respect to rabbinic laws, but not with respect to biblical laws. Here, since women are biblically obligated in kiddush, they should not rely upon this chazaka and cannot assume that the child is truly a halachic adult. </ref> | |||
#Technically a woman can fulfill the obligation of her husband and family, though it isn't advised.<ref>Shulchan Aruch 271:2 writes that since women are obligated in [[Kiddish|Kiddush]] on a Deoraitah level, they can fulfill the obligation of a man. Even though the Maharshal and Bach argue with this, the Taz, Magen Araham, Gra, Mishna Brurah 271:4 all agree with Shulchan Aruch that a women can fulfill the obligation of a man. Nonetheless, Eliyah Rabbah, Derech Chaim, and Mishna Brurah 271:4 write that it's preferable that a women not fulfill the obligation of men not in her family because it's not entirely appropriate. </ref> | |||
==Children== | ==Children== | ||
#Once a child has reached the age of [[chinuch]], they are required to hear the kiddush on [[Shabbat]]. Therefore in the event that the child did not hear kiddush, an adult may repeat kiddush on his behalf, even though the adult had already fulfilled | #Once a child has reached the age of [[chinuch]], they are required to hear the kiddush on [[Shabbat]]. Therefore in the event that the child did not hear kiddush, an adult may repeat kiddush on his behalf, even though the adult had already fulfilled his own obligation.<ref>Children in Halacha pg. 39 </ref> | ||
==Sitting or | ==Sitting or Standing for Kiddush== | ||
#Many have the practice to sit for | #Many have the practice to sit for kiddush. However, some have a Minhag to stand for [[Kiddish|kiddush]].<ref>*(1) Sources that one should sit: The Mishnah in Brachot 42a implies that in order to make a bracha on behalf of another, the two parties need to be kove'ah (established). Tosfos 42a s.v. Heseibu explains that even though in the times of the mishnah, keviyut (establishment / permanence) was achieved via reclining, for us this is achieved through sitting down. Tosfot Brachot 43a s.v. Ho'il writes that it is preferable that one should sit for havdala, since one must sit in order to fulfill the boreh pri hagafen bracha on behalf of another. However, the minhag in the times of Tosfot was clearly to stand, so he defends the minhag by suggesting that since everyone is focused on the person making the bracha in order to hear the havdalah, this can be viewed as keviyut with respect to both the havdalah and the boreh pri hagafen. Nonetheless, he concludes that it is preferable to sit. Additionally, the Rambam (Hilchot Succah 6:12) writes that one the first night of [[Sukkot]] one should say [[Kiddish|kiddush]] standing so that one can make the bracha of LeShev BaSukkah before sitting down, implying that during the rest of the year one should say [[Kiddish|kiddush]] sitting. | ||
*(2) Reasons one should sit: Mishna Brurah 271:46 brings the reason of the Kol Bo that one should sit as a part of [[Kiddish]] BeMakom | *(2) Reasons one should sit: Mishna Brurah 271:46 brings the reason of the Kol Bo that one should sit as a part of [[Kiddish|kiddush]] BeMakom Seuda (making [[Kiddish|kiddush]] in the place one will eat), and the reason of the Gra (citing Tosfot; see above) that because sitting represents an established setting and one is able to fulfill the obligation of others only is such a setting. Mishna Brurah extrapolates from the Gra's reasoning that even those listening should preferably sit (not just the one making kiddush), and that if they are moving about during [[Kiddish|kiddush]] then they certainly don't fulfill their obligation. Chaye Adam ([[Shabbat]] 6:13) writes that it's preferable to sit during [[Kiddish|kiddush]] so that one can see the cup (like the Rama writes 271:10 that one should look at the cup) and one's family as one makes [[Kiddish|kiddush]]. | ||
*(3) Practices: | *(3) Practices: Shulchan Aruch 271:10 rules that one should stand for Vayichulu, implying that one should sit for the rest of [[Kiddish|kiddush]]. However, Arizal (quoted by Aruch HaShulchan 271:21) held one should stand for [[Kiddish|kiddush]] out of respect for the [[Shabbat]] queen (similar to the reason Ashkenazim stand for [[Havdalah]], see Mishna Brurah 296:27). Lastly, Rama 271:10 writes that one is permitted to stand for the entire [[Kiddish|kiddush]], but that it's preferable to sit. Sh"t Igrot Moshe 5:16 writes that even the Rama only writes that it's permissible to stand for [[Kiddish|kiddush]] but that preferably one should sit, and so if one doesn't have a custom one should follow the Shulchan Aruch.</ref> | ||
#For [[Shabbat]] day, the accepted custom is to sit.<ref>Rav Moshe Shternbuch (Teshuvot V’hanhagot #254) writes that even those who stand for Friday night | ##Regardless, one should stand for Vayichulu.<ref>Shulchan Aruch 271:10 rules that one should stand for Vayichulu. Mishna Brurah 271:45 explains that the one should stand for Vayichulu because it acts as a testimony that Hashem created the world, which in court would require one to stand. Rama 271:10 writes that the Minhag was to sit for Vayichulu except for the beginning of Vayichulu (during the words of Yom HaShishi Vayichulu HaShamayim because the first letter of those four words spell Hashem's name). Mishna Brurah 271:47 explains that one can sit for Vayichulu because since one stood while it's said in shul, it can be said seated during [[Kiddish|kiddush]]. Nonetheless, Mishna Brurah 268:19 writes that the minhag is like Shulchan Aruch to stand for Vayichulu. See further Rabbi Lebowitz's article on [download.yutorah.org/2009/1109/735392.pdf yutorah.org].</ref> | ||
#For [[Yom Tov]] | #For [[Shabbat]] day, the accepted custom is to sit.<ref>Rav Moshe Shternbuch (Teshuvot V’hanhagot #254) writes that even those who stand for Friday night kiddush should sit for [[Shabbat]] day kiddush, because the reason of standing for the testimony of Vayichulu and then remaining standing for the [[Shabbat]] queen doesn't apply, as there is no Vayichulu nor a [[Shabbat]] queen to greet. </ref> | ||
#For [[Yom Tov]] kiddush, many have the custom to sit,<ref>Sh"t Igrot Moshe 5:16 writes that the only reason to stand the entire [[Kiddish|kiddush]] on [[Shabbat]] is because once one is standing for Vayichulu one can continue standing for the rest of the [[Kiddish|kiddush]]. However, since there's no Vayichulu on [[Yom Tov]], it follows that one should sit according to all opinions. </ref> but some have the practice to stand.<ref>Aruch HaShulchan 271:24, Nitei Gavriel ([[Yom Tov]] vol 2, 29:18)</ref> | |||
==What to use for Kiddush== | ==What to use for Kiddush== | ||
