Anonymous

Kiddush: Difference between revisions

From Halachipedia
5 bytes removed ,  25 July 2013
m
no edit summary
No edit summary
mNo edit summary
Line 2: Line 2:
Before eating on [[Shabbat]] or [[Yom Tov]], both during the nighttime and daytime, '''Kiddush''' is recited over a cup of wine (preferably). The relevant halachot are detailed below:
Before eating on [[Shabbat]] or [[Yom Tov]], both during the nighttime and daytime, '''Kiddush''' is recited over a cup of wine (preferably). The relevant halachot are detailed below:
==Obligation==
==Obligation==
# The mitzvah of Kiddish 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 (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.] </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, Nitai 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>
# 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 (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.] </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, Nitai 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> Magan 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 Magan 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> Magan 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 Magan 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==
Line 68: Line 68:


== Women ==
== Women ==
# The Mitzvah of Kiddush is exceptional 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 swiching the terms "Zachor" and "Shamor" implying that anyone who is obligated in the negative commands is also obligated in the positive ones. S"A 271:2 and Kitzur S"A 77:4 codify this as the halacha. A woman's obligation applies both at night (Mishna Berura 271:3) and during the day (Mishna Berura 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 swiching the terms "Zachor" and "Shamor" implying that anyone who is obligated in the negative commands is also obligated in the positive ones. S"A 271:2 and Kitzur S"A 77:4 codify this as the halacha. A woman's obligation applies both at night (Mishna Berura 271:3) and during the day (Mishna Berura 289:6). Maharam Chalava pesachim 106a "bayom mai" disagrees and says that women aren't obligated during the day </ref>
# Since women are obligation on a biblical level, they should either listen to they husband or 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 Magan Avraham that one fulfills the Deorittah obligation in prayer, if a man and women both have already prayed, they are 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 Aravim). 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>
# Since women are obligation on a biblical level, they should either listen to their husband or 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 Magan Avraham that one fulfills the Deorittah obligation in prayer, if a man and women both have already prayed, they are 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 Aravim). 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>
# A women can fulfill the obligation of her husband and family. <ref> S"A 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, Magan 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 doesn't fulfill the obligation of men not in her family because it's not entirely appropriate. </ref>
# A women can fulfill the obligation of her husband and family. <ref> S"A 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, Magan 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 doesn't fulfill the obligation of men not in her family because it's not entirely appropriate. </ref>


==Sitting or standing for Kiddish==
==Sitting or standing for Kiddush==
# Many have the practice to site for Kiddish, however, some have a Minhag to stand for Kiddish. <ref> (1)  
# Many have the practice to sit for Kiddush, however, some have a Minhag to stand for Kiddish. <ref> (1)  
* Sources that one should sit: Tosfot 43a writes that to be included in Kiddish one should sit. [Additionally, from the discussion of the Rambam (Hilchot Succah 6:12) writes that one the first night of [[Sukkot]] one should say the Kiddish standing so that one can make the bracha of LeShev BaSukkah before sitting down, implying that during the rest of the year one should say Kiddish sitting.]  
* Sources that one should sit: Tosfot 43a writes that to be included in Kiddish one should sit. [Additionally, from the discussion of the Rambam (Hilchot Succah 6:12) writes that one the first night of [[Sukkot]] one should say the Kiddish standing so that one can make the bracha of LeShev BaSukkah before sitting down, implying that during the rest of the year one should say Kiddish sitting.]  
* (2) Reasons one should sit: Mishna Brurah 271:46 brings the reason of the Kol Bo that one should sit as a part of Kiddish BeMakom Sueda making Kiddish in the place one will eat, and the reason of the Gra that because sitting represents an established setting and one is able to fulfill the obligation of others only is such a setting. Mishna Brurah extrapolates from the Gra's reasoning that even those who listen should preferably sit, and if they are not only standing but even moving here and there during Kiddish one certainly doesn't fulfill his/her obligation. Chaye Adam ([[Shabbat]] 6:13) writes that it's preferable to sit during Kiddish so one can see the cup (like the Rama writes 271:10 that one should look at the cup) and one's family as one makes Kiddish.  
* (2) Reasons one should sit: Mishna Brurah 271:46 brings the reason of the Kol Bo that one should sit as a part of Kiddish BeMakom Sueda making Kiddish in the place one will eat, and the reason of the Gra that because sitting represents an established setting and one is able to fulfill the obligation of others only is such a setting. Mishna Brurah extrapolates from the Gra's reasoning that even those who listen should preferably sit, and if they are not only standing but even moving here and there during Kiddish one certainly doesn't fulfill his/her obligation. Chaye Adam ([[Shabbat]] 6:13) writes that it's preferable to sit during Kiddish so one can see the cup (like the Rama writes 271:10 that one should look at the cup) and one's family as one makes Kiddish.  
* (3) Practices: Therefore, S"A 271:10 rules that one should stand for Vayichulu implying that one should sit for the rest of Kiddish. However, Arizal (quoted by Aruch HaShulchan 271:21) held one should stand for Kiddish out of respect for the [[Shabbat]] queen (similar to the reason Ashkenazim stand for Havdalah, see Mishna Brurah 296:27). Lastly, Rama 271:10 writes that one is permitted to stand for the entire Kiddish, but it's preferable to sit for Kiddish.  Sh"t Igrot Moshe 5:16 writes that even the Rama only writes that it's permissible to stand for Kiddish but preferably one should sit, and so if one doesn't have a custom one should follow the S"A. </ref> Nonetheless, one should stand for Vayichulu. <ref> S"A 271:10 rules that one should stand for Vayichulu. Mishna Brurah 271:45 explains that the one should stand for Vayichulu because it acts as a testimony which in court would require one to stand. Rama 271:10 writes that the Minhag was to sit for Vayichulu except for the beginning of Vayichulu (during the words of Yom HaShishi Vayichulu HaShamayim because the first letter of those words spell Hashem's name). Mishna Brurah 271:47 explains that one can sit for Vayichulu because once one stood while it's said in Shul it can be said seated during Kiddish. Nonetheless, Mishna Brurah 268:19 writes that the minhag is like S"A to stand for Vayichulu. See further Rabbi Lebowitz's article on [download.yutorah.org/2009/1109/735392.pdf yutorah.org].</ref>
* (3) Practices: Therefore, S"A 271:10 rules that one should stand for Vayichulu implying that one should sit for the rest of Kiddish. However, Arizal (quoted by Aruch HaShulchan 271:21) held one should stand for Kiddish out of respect for the [[Shabbat]] queen (similar to the reason Ashkenazim stand for Havdalah, see Mishna Brurah 296:27). Lastly, Rama 271:10 writes that one is permitted to stand for the entire Kiddish, but it's preferable to sit for Kiddish.  Sh"t Igrot Moshe 5:16 writes that even the Rama only writes that it's permissible to stand for Kiddish but preferably one should sit, and so if one doesn't have a custom one should follow the S"A. </ref> Nonetheless, one should stand for Vayichulu. <ref> S"A 271:10 rules that one should stand for Vayichulu. Mishna Brurah 271:45 explains that the one should stand for Vayichulu because it acts as a testimony which in court would require one to stand. Rama 271:10 writes that the Minhag was to sit for Vayichulu except for the beginning of Vayichulu (during the words of Yom HaShishi Vayichulu HaShamayim because the first letter of those words spell Hashem's name). Mishna Brurah 271:47 explains that one can sit for Vayichulu because once one stood while it's said in Shul it can be said seated during Kiddish. Nonetheless, Mishna Brurah 268:19 writes that the minhag is like S"A to stand for Vayichulu. See further Rabbi Lebowitz's article on [download.yutorah.org/2009/1109/735392.pdf yutorah.org].</ref>
# For [[Shabbat]] day, the accepted custom is to sit. <ref> Rav Moshe Shternbuch (Teshuvot V’hanhagot #254) writes that even those who stand for Friday night Kiddish should sit for [[Shabbat]] day Kiddish because the reason of standing for Vayichulu and continuing doesn't apply as there is no Vayichulu, nor is there a [[Shabbat]] queen to greet. </ref>
# For [[Shabbat]] day, the accepted custom is to sit. <ref> Rav Moshe Shternbuch (Teshuvot V’hanhagot #254) writes that even those who stand for Friday night Kiddush should sit for [[Shabbat]] day Kiddish because the reason of standing for Vayichulu and continuing doesn't apply as there is no Vayichulu, nor is there a [[Shabbat]] queen to greet. </ref>
# For [[Yom Tov]] Kiddish, many have the custom to sit, <ref> Sh"t Igrot Moshe 5:16 writes that the only reason to stand the entire Kiddish on [[Shabbat]] is because once one is standing for Vayichulu one can continue standing for the rest of the Kiddish, however since there's no Vayichulu on [[Yom Tov]] one must sit according to all opinions. </ref>but some have the practice to stand.<ref>Aruch HaShulchan 271:24, Nitai Gavriel (Yom Tov vol 2, 29:18</ref>
# For [[Yom Tov]] Kiddush, many have the custom to sit, <ref> Sh"t Igrot Moshe 5:16 writes that the only reason to stand the entire Kiddish on [[Shabbat]] is because once one is standing for Vayichulu one can continue standing for the rest of the Kiddish, however since there's no Vayichulu on [[Yom Tov]] one must sit according to all opinions. </ref>but some have the practice to stand.<ref>Aruch HaShulchan 271:24, Nitai Gavriel (Yom Tov vol 2, 29:18</ref>


==If there is no wine or grape juice==
==If there is no wine or grape juice==