Kiddush: Difference between revisions
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*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 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 | #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]]. Chatom Sofer OC 1:17 and 1:21 emphasizes that since a person intends to fulfill the mitzvah properly according to the halacha it is like one had intent not to fulfill one's biblical mitzvah in davening. 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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==Listening to Kiddush== | ==Listening to Kiddush== | ||
===Waiting to Drink=== | |||
#Those who are listening to the kiddush shouldn't drink until the making the kiddush drinks.<ref>Gemara Brachot 47a</ref> However, if they each have their own cup they may drink without waiting.<ref>Yerushalmi Brachot 6:1, Tosfot Brachot 47a s.v. ein, Tosfot Pesachim 106a s.v. gachin, Rashba Brachot 47a s.v. amar, Maharam Chalavah Pesachim 106a s.v. chazyey, Shulchan Aruch 271:16</ref> | #Those who are listening to the kiddush shouldn't drink until the one making the kiddush drinks.<ref>Gemara Brachot 47a</ref> However, if they each have their own cup they may drink without waiting.<ref>Yerushalmi Brachot 6:1, Tosfot Brachot 47a s.v. ein, Tosfot Pesachim 106a s.v. gachin, Rashba Brachot 47a s.v. amar, Maharam Chalavah Pesachim 106a s.v. chazyey, Shulchan Aruch 271:16</ref> | ||
===How Much to Drink=== | |||
#Those listening don't need to drink a melo lugmav and any amount is sufficient.<ref>The Levush 271:14 writes that those listening should drink a melo lugmav. However, the Maggid Mishna Shabbat 29:7 writes that those listening only need to drink a bit and not melo lugmav. The Taz 271:17, Eliya Rabba 271:29, and Mishna Brurah 271:71 follow the Maggid Mishna.</ref> | #Those listening don't need to drink a melo lugmav and any amount is sufficient.<ref>The Levush 271:14 writes that those listening should drink a melo lugmav. However, the Maggid Mishna Shabbat 29:7 writes that those listening only need to drink a bit and not melo lugmav. The Taz 271:17, Eliya Rabba 271:29, and Mishna Brurah 271:71 follow the Maggid Mishna.</ref> | ||
===Should Those Listening Also Drink?=== | |||
#Those listening to kiddush don't have to drink to fulfill their obligation but it is a mitzvah for them to drink.<ref>Eruvin 40b and Pesachim 108b imply that only the one drinking needs to drink and no one else but Pesachim 106a and perhaps 108b imply that everyone listening should drink. The Rosh Pesachim 10:16 writes that although each person listening to kiddush doesn't need to drink wine to fulfill his obligation, there is nonetheless an added mitzvah to do so. Maharam Chalavah Pesachim 101a holds those listening don't need to drink. Tosfot Pesachim 99b s.v. lo originally assumes that those listening to the kiddush don't need to drink but afterwards questions that assumption. The Rambam Shabbat 29:7 implies that there is an obligation for everyone to drink. Maggid Mishna 29:7 just adds that those listening don't need to drink a melo lugmav. Shulchan Aruch OC 271:14 rules like the Rosh that as long as the one reciting kiddush drinks that is sufficient for everyone to fulfill their obligation but it is a mitzvah for them to drink. Mishna Brurah 271:83 agrees.</ref> They don't need their own cup and may drink from the cup of kiddush.<ref>Shulchan Aruch 271:14</ref> It isn't considered invalid for kiddush after the one reciting the kiddush drank and then they drink.<ref>Shaar Hatziyun 271:89 explains that even though if those listening had their own cup they should ensure that the cup should be valid for kiddush and not drunk from beforehand, however, if they are drinking from the kiddush cup after the one who recited kiddush drank it isn't considered invalid as their drinking is considered part of the original drinking of the one who recited kiddush.</ref> | #Those listening to kiddush don't have to drink to fulfill their obligation but it is a mitzvah for them to drink.<ref>Eruvin 40b and Pesachim 108b imply that only the one drinking needs to drink and no one else but Pesachim 106a and perhaps 108b imply that everyone listening should drink. The Rosh Pesachim 10:16 writes that although each person listening to kiddush doesn't need to drink wine to fulfill his obligation, there is nonetheless an added mitzvah to do so. Maharam Chalavah Pesachim 101a holds those listening don't need to drink. Tosfot Pesachim 99b s.v. lo originally assumes that those listening to the kiddush don't need to drink but afterwards questions that assumption. The Rambam Shabbat 29:7 implies that there is an obligation for everyone to drink. Maggid Mishna 29:7 just adds that those listening don't need to drink a melo lugmav. Shulchan Aruch OC 271:14 rules like the Rosh that as long as the one reciting kiddush drinks that is sufficient for everyone to fulfill their obligation but it is a mitzvah for them to drink. Mishna Brurah 271:83 agrees.</ref> They don't need their own cup and may drink from the cup of kiddush.<ref>Shulchan Aruch 271:14</ref> It isn't considered invalid for kiddush after the one reciting the kiddush drank and then they drink.<ref>Shaar Hatziyun 271:89 explains that even though if those listening had their own cup they should ensure that the cup should be valid for kiddush and not drunk from beforehand, however, if they are drinking from the kiddush cup after the one who recited kiddush drank it isn't considered invalid as their drinking is considered part of the original drinking of the one who recited kiddush.</ref> | ||
# | #Some say that for kiddush by day those listening to kiddush must drink from the kiddush cup.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/856129/rabbi-hershel-schachter/inyonei-sefiras-haomer-nowadays-women-before-kiddush-beit-din-bein-hashmashos-shomea-keoneh/ Rav Schachter Inyonei Sefirat Haomer 5776 towards the very end] quoted the Torah Temimah, Netsiv (see Haemek Shayla 54:4), and Rav Velve Soloveitchik that one doesn’t fulfill one’s obligation if one doesn’t drink wine at the kiddush of the day specifically since it really is only a birchat hanehenin and not a bracha of a mitzvah. However, in [https://www.yutorah.org/sidebar/lecture.cfm/898548/rabbi-hershel-schachter/berachos-92-47a-kiddusha-rabba-ii-bracha-al-hakos-ad-sheyitom-hamevarech-answering-amen/ Brachot Shiur 92 (min 23)] he quoted that Rav Chaim was upset with this chiddush of the Netsiv and not everyone has to drink at the daytime kiddush. Teshuvot Vehanhagot 3:243 cites this dispute between the Brisker Rav and Rav Chaim. See Teshuvot Vehanhagot 1:264 and Piskei Teshuvot 289 fnt. 24 for more sources.</ref> | ||
*The Tiferet Shmuel on Rosh Pesachim 10:15:10 seems to have another understanding of the Rosh in which he assumes that those who are listening to the kiddush and have their own cups don't need their cups to be valid for kiddush and may be drunk from beforehand (like the Raah). However, the Divrei Chamudot Pesachim 10:15:36 understood the Rosh as above.</ref> Some disagree.<ref>The Raah cited by Bet Yosef 182:4 writes that those listening don't have to have valid cups for kiddush. The Shulchan Aruch 182:4 cites that opinion as a minority view.</ref> | ===Everyone with their Own Cup=== | ||
# | #If those listening want to have their own cup to fulfill this added mitzvah to drink wine after kiddush they may do so. If they do so they should have a cup that is valid for kiddush and we view it as though they are all reciting their own kiddush over their cup of wine.<ref>Rosh Pesachim 10:16 writes that the wine in each person's cup has to be fixed and not drunk from beforehand in order for them to use it for drinking at kiddush even though they aren't reciting the kiddush. He explains that since they are listening to kiddush and going to drink wine from their own cup it is considered as though they are reciting their own kiddush over their own cup. If so that cup should be valid for kiddush. Tosfot Pesachim 106a s.v. hava, Tosfot Brachot 47a s.v. ein, Rashba Brachot 47a s.v. amar, Tur 182:4, and Ohel Moed 6:6 cited by Bet Yosef 182:2 agree. The Shulchan Aruch O.C. 271:17 accepts the Rosh. | ||
*The Tiferet Shmuel on Rosh Pesachim 10:15:10 seems to have another understanding of the Rosh in which he assumes that those who are listening to the kiddush and have their own cups don't need their cups to be valid for kiddush and may be drunk from beforehand (like the Raah). However, the Divrei Chamudot Pesachim 10:15:36 understood the Rosh as above.</ref> Some disagree.<ref>The Raah cited by Bet Yosef 182:4 writes that those listening don't have to have valid cups for kiddush. The Shulchan Aruch O.C. 182:4 cites that opinion as a minority view.</ref> | |||
===Everyone Drinking from the Same Cup=== | |||
# If the one who made kiddush drank and then gave it to everyone else at the table their drinking is considered like drinking from the cup of blessing (Heb. כוס של ברכה; trans. kos shel bracha) since it is all one series of drinking and it isn't considered as though the cup is invalidated (Heb. פגום; trans. pagum).<ref>Mishna Brurah 182:24</ref> | |||
==Eating before Mussaf== | ==Eating before Mussaf== | ||
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==Eating before Kiddish== | ==Eating before Kiddish== | ||
#Kiddush has to be | #It is forbidden to eat before Kiddush. Some explain that it is because generally it is forbidden to eat before performing a mitzvah that one is obligated in.<ref>Levush 271:4, Ateret Tzvi 271:3, Mishna Brurah 271:11</ref> Others contend that it is based on [[kavod Shabbat]], honoring Shabbat, to not eat before acknowledging and declaring the sanctity of the day.<ref>Aruch Hashulchan 271:12</ref> A third suggestion is that Kiddush has to be the rabbis derive from "VeKarasa LiShabbos Oneg" <ref>Isiah </ref> "And you shall call to the [[Shabbos]] a delight", that there has to be a "calling" to the [[Shabbos]], meaning saying Kiddush, in the same place and also prior to it being "a delight", referring to eating/drinking.<ref>Igrot Moshe OC 4:63 s.v. aval af explained based on the Rashbam and Tosfot Pesachim 101a the prohibition to eat before kiddush would be based on the idea of וקראת לשבת עונג - במקום קריאה שם תהא עונג that the meal may only be had where kiddush is recited and not elsewhere or beforehand.</ref> | ||
#It's Rabbinically<ref>Mishna Brurah 271:11 writes that the prohibition is only Rabbinic. </ref> forbidden to eat anything even water <ref>[[Maggid]] Mishna (Hilchot [[Shabbat]] 29:5) explains that the Rambam holds drinking water before [[Kiddish]] is permitted, while the Rashba (Sh"t 3:264) forbids it. Hagahot Maimon 29:5 in name of Maharam as well as the Tur 271:4 also forbid. Bet Yosef says that the Rambam is unclear and may hold that even water is forbidden. Shulchan Aruch O.C. 271:4 rules that even water is forbidden. </ref> before making [[Kiddish]] once the time for [[Kiddish]] has come.<ref>Pesachim 106b records a dispute whether one who tasted food before [[Kiddish]] can still make [[Kiddish]]. Bet Yosef 271:4 implies from there that initially it is forbidden to eat or drink before [[Kiddish]]. Rambam (Hilchot [[Shabbat]] 29:5), Tur and Shulchan Aruch 271:4 all rule that it's forbidden to eat before making [[Kiddish]]. </ref> This applies to the nighttime and daytime Kiddush.<ref>Kitzur Shulchan Aruch 77:13</ref> | #It's Rabbinically<ref>Mishna Brurah 271:11 writes that the prohibition is only Rabbinic. </ref> forbidden to eat anything even water <ref>[[Maggid]] Mishna (Hilchot [[Shabbat]] 29:5) explains that the Rambam holds drinking water before [[Kiddish]] is permitted, while the Rashba (Sh"t 3:264) forbids it. Hagahot Maimon 29:5 in name of Maharam as well as the Tur 271:4 also forbid. Bet Yosef says that the Rambam is unclear and may hold that even water is forbidden. Shulchan Aruch O.C. 271:4 rules that even water is forbidden. </ref> before making [[Kiddish]] once the time for [[Kiddish]] has come.<ref>Pesachim 106b records a dispute whether one who tasted food before [[Kiddish]] can still make [[Kiddish]]. Bet Yosef 271:4 implies from there that initially it is forbidden to eat or drink before [[Kiddish]]. Rambam (Hilchot [[Shabbat]] 29:5), Tur and Shulchan Aruch 271:4 all rule that it's forbidden to eat before making [[Kiddish]]. </ref> This applies to the nighttime and daytime Kiddush.<ref>Kitzur Shulchan Aruch 77:13</ref> | ||
#If one takes [[Shabbat]] upon oneself early, it's forbidden to eat before making [[Kiddish]].<ref>Magen Avraham 271:5 in name of the Bach writes that it's forbidden to eat before making [[Kiddish]] if one accepted [[Shabbat]] early. Mishna Brurah 271:11 agrees.</ref> | #If one takes [[Shabbat]] upon oneself early, it's forbidden to eat before making [[Kiddish]].<ref>Magen Avraham 271:5 in name of the Bach writes that it's forbidden to eat before making [[Kiddish]] if one accepted [[Shabbat]] early. Mishna Brurah 271:11 agrees.</ref> | ||
