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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 (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>
#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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===Should Those Listening Also Drink?===
===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 1:2:64.</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>


===Everyone with their Own Cup===
===Everyone with their Own Cup===
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