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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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===Everyone Drinking from the Same Cup===
===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>
# 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>
===Requirements for Hearing Kiddush===
# One who hears kiddush must understand the words of the one making the blessing. <ref> Hacham Ovadia (Hazon Ovadia, Volume 2, Page 18) writes that a Sepharadi who does not understand kiddush in an Ashkenazic or Yemenite accent can not fulfill the obligation via shomea ke'one in such a way. </ref>


==Eating before Mussaf==
==Eating before Mussaf==
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