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Kiddush: Difference between revisions

From Halachipedia
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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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