Kiddush: Difference between revisions
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==Obligation== | ==Obligation== | ||
#The mitzvah of Kiddush is a | #The mitzvah of Kiddush is a biblical commandment alluded to in the Ten Commandments. The Torah says, "זכור את יום השבת לקדשו" meaning "remember [[Shabbat]] to sanctify it," and one fulfills it by saying the text of [[Kiddish]] on Friday night.<ref>Rambam Sefer Hamitzvot Aseh 155, [[Chinuch]] 31, Smag Aseh 29, Sefer Hamitzvot of Rav Saadia Gaon Aseh 33 all count the mitzva to sanctify the [[shabbat]] with words based on this pasuk. | ||
*Rambam (Hilchot [[Shabbat]] 29:1) writes that there is a positive biblical commandment to remember [[Shabbat]] based on the pasuk "זכור את יום השבת לקדשו" (Shemot 20:7). In 29:4, he writes that the primary time for the mitzvah is Friday night. Kitzur Shulchan Aruch 77:1 rules like the opinion of the Rambam. [However, it seems that Tosfot (Nazir 4a s.v. My Hee; first opinion) holds that the mitzvah of [[Kiddish]] is Derabbanan and the pasuk of Zachor is only an asmachta]. Tosafot Pesachim 106a “zochrayhu” states two opinions: 1) the cup of wine is diRabanan; 2) the cup of wine is diorayta, but the drinking is dirabanan.</ref> Many authorities consider Kiddush of [[Yom Tov]] to be Derabbanan, yet it shares all the same halachas of Kiddush of [[Shabbat]].<ref>Mishna Brurah 271:2, Nitei Gavriel ([[Yom Tov]] vol 2, 29:1)</ref>In addition, Chazal instituted that [[Kiddish]] be made over a cup of wine.<ref>Pesachim 106a states that the [[Kiddish]] is supposed to be said over a cup of wine. Tosfot (s.v. Zochrayhu; first opinion) and Rambam (Hilchot [[Shabbat]] 29:6) write that saying [[Kiddish]] over the cup of wine is Derabbanan. Tosfot's second opinion holds saying [[Kiddish]] over a cup of wine is Deoraittah, but drinking it is Derabbanan. </ref> | *Rambam (Hilchot [[Shabbat]] 29:1) writes that there is a positive biblical commandment to remember [[Shabbat]] based on the pasuk "זכור את יום השבת לקדשו" (Shemot 20:7). In 29:4, he writes that the primary time for the mitzvah is Friday night. Kitzur Shulchan Aruch 77:1 rules like the opinion of the Rambam. [However, it seems that Tosfot (Nazir 4a s.v. My Hee; first opinion) holds that the mitzvah of [[Kiddish]] is Derabbanan and the pasuk of Zachor is only an asmachta]. Tosafot Pesachim 106a “zochrayhu” states two opinions: 1) the cup of wine is diRabanan; 2) the cup of wine is diorayta, but the drinking is dirabanan.</ref> Many authorities consider Kiddush of [[Yom Tov]] to be Derabbanan, yet it shares all the same halachas of Kiddush of [[Shabbat]].<ref>Mishna Brurah 271:2, Nitei Gavriel ([[Yom Tov]] vol 2, 29:1)</ref>In addition, Chazal instituted that [[Kiddish]] be made over a cup of wine.<ref>Pesachim 106a states that the [[Kiddish]] is supposed to be said over a cup of wine. Tosfot (s.v. Zochrayhu; first opinion) and Rambam (Hilchot [[Shabbat]] 29:6) write that saying [[Kiddish]] over the cup of wine is Derabbanan. Tosfot's second opinion holds saying [[Kiddish]] over a cup of wine is Deoraittah, but drinking it is Derabbanan. </ref> | ||
#Some authorities hold that the | #Some authorities hold that the biblical obligation is discharged with the [[prayer]] in Shul and that the [[Kiddish]] at home is entirely Derabbanan.<ref>Magen Avraham 271:1 writes that since the Rambam and Tosfot hold that the Deorittah part of [[Kiddish]] is that it is stated orally, one should be able to fulfill this obligation with one's [[Maariv]] [[prayer]] in Shul. This is quoted as halacha by the Bear Hetiev 271:2. However, there is a great discussion in the achronim and many argue on the Magen Avraham (Mishna Brurah 271:2 (based on the Tosfet [[Shabbat]] 271:3) argues that since one doesn't have intention to fulfill the obligation of Zachor, the [[prayer]] in shul doesn't fulfill the obligation of [[Kiddish]]). There is a dispute whether a women's lighting [[Shabbat]] candles can fulfill [[Kiddish]] Deoritta, Sh"t Mishneh Halachot 7:37 holding that it can fulfill the Deoritta obligation, while Sh"t Az Nidabru 12:1 strongly disagrees. </ref> | ||
==Amount to Drink== | ==Amount to Drink== | ||
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#One should begin to eat something immediately after [[Kiddish]]. After the fact, as long as one had intent to eat immediately one doesn't need to make [[Kiddish]] again even if one made a long interruption and had a Hesech HaDaat (interruption of thought). However, if one didn't have intent to eat right away and then made an interruption of 72 minutes a new Kiddush is needed.<ref>Preferably, Rama 273:3 writes that one should make one's meal immediately after [[Kiddish]]. Mishna Brurah 273:12 explains that preferably, one should eat one's meal right after [[Kiddish]] without waiting. However, Bedieved, Mishna Brurah 273:12 and Piskei Teshuvot 273:3 based on Aruch HaShulchan 263:1 write that one shouldn't make a new [[Kiddish]] even if one had a long break or made a change in place and returned to the place of the [[Kiddish]]. On the other hand, if one didn't have in mind to eat immediately and then made an interruption, Mishna Brurah 273:14 writes that a new Kiddush is needed. Halichot Olam (vol 3, pg 3) defines this interruption as 72 minutes. </ref> | #One should begin to eat something immediately after [[Kiddish]]. After the fact, as long as one had intent to eat immediately one doesn't need to make [[Kiddish]] again even if one made a long interruption and had a Hesech HaDaat (interruption of thought). However, if one didn't have intent to eat right away and then made an interruption of 72 minutes a new Kiddush is needed.<ref>Preferably, Rama 273:3 writes that one should make one's meal immediately after [[Kiddish]]. Mishna Brurah 273:12 explains that preferably, one should eat one's meal right after [[Kiddish]] without waiting. However, Bedieved, Mishna Brurah 273:12 and Piskei Teshuvot 273:3 based on Aruch HaShulchan 263:1 write that one shouldn't make a new [[Kiddish]] even if one had a long break or made a change in place and returned to the place of the [[Kiddish]]. On the other hand, if one didn't have in mind to eat immediately and then made an interruption, Mishna Brurah 273:14 writes that a new Kiddush is needed. Halichot Olam (vol 3, pg 3) defines this interruption as 72 minutes. </ref> | ||
##Even though Kiddush should be recited immediately prior to the meal, if there is a halachic need related to the meal to delay it, it is permitted to delay for that reason. For example, the Kiddush at the seder on Pesach is made much in advance of the meal but it is acceptable since the Maggid is a necessary prerequisite to the meal.<ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=15 (Kol Sinai Tevet 5724 p. 15)] writes that Maggid doesn't make the Kiddush before the meal not adjacent to the meal because the Maggid is necessary for the meal as we need to speak about the Matzah (''Lechem Shonim Alav Devarim Harbeh''). Halichot Shlomo of Rav Shlomo Zalman Auerbach (Moadim v. 2 p. 248 9:14) agrees and explains that the Maggid is intrinsically part of the meal and such was the establishment of chazal. See Rav Chaim Palagi Haggadah regarding how Maggid is an extension of Kiddush (like the Rif cited by Avudraham why there's no bracha on Maggid since Kiddush already fulfills the mitzvah of Maggid).</ref> | ##Even though Kiddush should be recited immediately prior to the meal, if there is a halachic need related to the meal to delay it, it is permitted to delay for that reason. For example, the Kiddush at the seder on Pesach is made much in advance of the meal but it is acceptable since the Maggid is a necessary prerequisite to the meal.<ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=15 (Kol Sinai Tevet 5724 p. 15)] writes that Maggid doesn't make the Kiddush before the meal not adjacent to the meal because the Maggid is necessary for the meal as we need to speak about the Matzah (''Lechem Shonim Alav Devarim Harbeh''). Halichot Shlomo of Rav Shlomo Zalman Auerbach (Moadim v. 2 p. 248 9:14) agrees and explains that the Maggid is intrinsically part of the meal and such was the establishment of chazal. See Rav Chaim Palagi Haggadah regarding how Maggid is an extension of Kiddush (like the Rif cited by Avudraham why there's no bracha on Maggid since Kiddush already fulfills the mitzvah of Maggid).</ref> | ||
#In order to have [[Kiddish]] in the place where one eats and that the [[Kiddish]] is considered a proper [[Kiddish]], one must eat at least a [[kezayit]] of [[mezonot]], bread, or a [[reviyit]] of wine.<ref>Shulchan Aruch O.C. 273:5 writes in name of the Geonim that one can fulfill the obligation to eat in the place of where one makes [[Kiddish]] by eating bread or wine. Magen Avraham 273:10 and Mishna Brurah 273:21 rule that a [[Kezayit]] is needed to fulfill this obligation. Mishna Brurah 273:25 comments that certainly [[mezonot]] fulfills the obligation as it's more significant than wine. Rabbi Akiva Eiger (on MA 273:11) points out that Magen Avraham 188:9 quotes Rabbenu Yonah Brachot 36b s.v. birkat who disagrees with the logic of the Bet Yosef 273:5 in explaining the geonim. Mishna Brurah 273:25 writes in name of Hagahot Rabbi Akiva Eiger and Tosefet [[Shabbat]] that wine doesn't fulfill one's obligation according to many and so one should only rely on this in cases of need. Piskei Teshuvot writes that it seems that there's a dispute between the Magen Avraham 273:11 and the Shaarei Teshuva 289:1 whether one can fulfill one's fulfill with [[mezonot]] that's not Pat HaBah Bekisnin. The Mishna Brurah 273:25 holds like the Magen Avraham and one can fulfill one's obligation by having any [[mezonot]]. Shemirat Shabbat KeHilchato 52:24, Sh"t Az Nidabru 8:31, Kiddush KeHilchato (pg 195), Sh"t Or Letzion (vol 2, 20:28), and Yalkut Yosef ([[Shabbat]] vol 1 pg 196; Halichot Olam (Vol 3, pg 1)) agree. </ref> Even though theoretically this applies also at night, one should be strict at night not to rely on this and to make sure to have a egg's volume of bread (once one has done this, he may finish his meal in a different location).<ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=13 (Kol Sinai Tevet 5724 p. 13)] writes that since some disagree with the geonim we shouldn't rely on them at night when Kiddush is | #In order to have [[Kiddish]] in the place where one eats and that the [[Kiddish]] is considered a proper [[Kiddish]], one must eat at least a [[kezayit]] of [[mezonot]], bread, or a [[reviyit]] of wine.<ref>Shulchan Aruch O.C. 273:5 writes in name of the Geonim that one can fulfill the obligation to eat in the place of where one makes [[Kiddish]] by eating bread or wine. Magen Avraham 273:10 and Mishna Brurah 273:21 rule that a [[Kezayit]] is needed to fulfill this obligation. Mishna Brurah 273:25 comments that certainly [[mezonot]] fulfills the obligation as it's more significant than wine. Rabbi Akiva Eiger (on MA 273:11) points out that Magen Avraham 188:9 quotes Rabbenu Yonah Brachot 36b s.v. birkat who disagrees with the logic of the Bet Yosef 273:5 in explaining the geonim. Mishna Brurah 273:25 writes in name of Hagahot Rabbi Akiva Eiger and Tosefet [[Shabbat]] that wine doesn't fulfill one's obligation according to many and so one should only rely on this in cases of need. Piskei Teshuvot writes that it seems that there's a dispute between the Magen Avraham 273:11 and the Shaarei Teshuva 289:1 whether one can fulfill one's fulfill with [[mezonot]] that's not Pat HaBah Bekisnin. The Mishna Brurah 273:25 holds like the Magen Avraham and one can fulfill one's obligation by having any [[mezonot]]. Shemirat Shabbat KeHilchato 52:24, Sh"t Az Nidabru 8:31, Kiddush KeHilchato (pg 195), Sh"t Or Letzion (vol 2, 20:28), and Yalkut Yosef ([[Shabbat]] vol 1 pg 196; Halichot Olam (Vol 3, pg 1)) agree. </ref> Even though theoretically this applies also at night, one should be strict at night not to rely on this and to make sure to have a egg's volume of bread (once one has done this, he may finish his meal in a different location).<ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=13 (Kol Sinai Tevet 5724 p. 13)] writes that since some disagree with the geonim we shouldn't rely on them at night when Kiddush is biblical. Mishna Brurah (Shaar Hatziyun 273:29) questions whether or not we should rely on the geonim for the kiddush at night and leaves it unresolved.</ref> | ||
#If someone is reciting kiddush in one room and someone else is hearing the kiddush in another room if the person listening to the kiddush is going to eat his meal in the room where he is that is considered kiddush in the place of the meal. The reason is that the one fulfilling his obligation of kiddush needs to be in the room where he is going to eat his meal and not where the person making kiddush is.<ref>Maharam Chalavah Pesachim 101a explains that they used to make kiddush in shul and people in a nearby room would hear the kiddush and fulfill their obligation and eat there. It is considered kiddush in the place where they're going to eat since they're fulfilling their obligation and they're the ones eating. The location of the making kiddush doesn't impact that. Tosfot Pesachim 101a s.v. dochlu implies otherwise. Nonetheless, the Bet Yosef 273:6 cites the Rabbenu Yerucham, Smag, and Hagahot Maimoniyot who agreed with Maharam Chalavah. Shulchan Aruch OC 273:6 holds like Maharam Chalavah. Rabbi Akiva Eiger 273:2 explains that those listening to the kiddush are like making kiddush themselves.</ref> | #If someone is reciting kiddush in one room and someone else is hearing the kiddush in another room if the person listening to the kiddush is going to eat his meal in the room where he is that is considered kiddush in the place of the meal. The reason is that the one fulfilling his obligation of kiddush needs to be in the room where he is going to eat his meal and not where the person making kiddush is.<ref>Maharam Chalavah Pesachim 101a explains that they used to make kiddush in shul and people in a nearby room would hear the kiddush and fulfill their obligation and eat there. It is considered kiddush in the place where they're going to eat since they're fulfilling their obligation and they're the ones eating. The location of the making kiddush doesn't impact that. Tosfot Pesachim 101a s.v. dochlu implies otherwise. Nonetheless, the Bet Yosef 273:6 cites the Rabbenu Yerucham, Smag, and Hagahot Maimoniyot who agreed with Maharam Chalavah. Shulchan Aruch OC 273:6 holds like Maharam Chalavah. Rabbi Akiva Eiger 273:2 explains that those listening to the kiddush are like making kiddush themselves.</ref> | ||
#If when one made kiddush, he had intention to eat in one part of the room, but ended up eating in a different side of the room, one would fulfill his obligation of kiddush, but preferably, one should eat in the same part of the room that he intended to initially<ref>Chazon Ovadia 2 pg. 126 - See footnote where Rav Ovadia clarifies that if one intended from the time he made kiddush to eat on a different side of the same room, then even eating on the other side of the room would be permitted lechatchilla.</ref> . | #If when one made kiddush, he had intention to eat in one part of the room, but ended up eating in a different side of the room, one would fulfill his obligation of kiddush, but preferably, one should eat in the same part of the room that he intended to initially<ref>Chazon Ovadia 2 pg. 126 - See footnote where Rav Ovadia clarifies that if one intended from the time he made kiddush to eat on a different side of the same room, then even eating on the other side of the room would be permitted lechatchilla.</ref> . | ||
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#The Mitzvah of Kiddush is unique in that women are obligated even though it is a [[Mitzvat Aseh She’Hazman Grama]], 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]] on a Deoritta level because the torah compares the positive and negative commandments of [[Shabbat]] by switching 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 </ref> | #The Mitzvah of Kiddush is unique in that women are obligated even though it is a [[Mitzvat Aseh She’Hazman Grama]], 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]] on a Deoritta level because the torah compares the positive and negative commandments of [[Shabbat]] by switching 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 </ref> | ||
#Since women are obligated on a biblical level, they should either listen to their husband or hear another adult make [[Kiddish]] 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 Deorittah obligation. According the Magen Avraham that one fulfills the Deorittah 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 | #Since women are obligated on a biblical level, they should either listen to their husband or hear another adult make [[Kiddish]] 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 Deorittah obligation. According the Magen Avraham that one fulfills the Deorittah 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, Rav Yechezkel Landau in Dagul Mirvavah 271:2 asks, whether the women can't fulfill her obligation with the man's reading, or perhaps she can because nonetheless, men are able to fulfill the obligation of others using Arevim Zeh LaZeh (the side is also not definite because the Rosh ([[Brachot]] 3:13 last line) writes that women aren't included in Arevim). He leaves it unanswered and the Kitzur Shulchan Aruch 77:4 writes that it's preferable that women say the [[kiddish]] along with the one making [[Kiddish]] 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 talking about mitzvot that women are exempt from) and so a man with a Derabbanan obligation can fulfill a woman's obligation even if she is has a Deorittah obligation. 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 Deorittah level, they can fulfill the obligation of a man who also has such an obligation. 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> | #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 Deorittah level, they can fulfill the obligation of a man who also has such an obligation. 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> | ||
