Kiddush

From Halachipedia

Obligation

  1. Kiddish is a biblical command as it 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. [1] In addition, Chazal instituted that Kiddish be made over a cup of wine. [2]
  2. Some authorities hold that the Biblical obligation is discharged with the prayer in Shul and the Kiddish at home is entirely Derabbanan. [3]

Kiddish at night

  1. The text of Kiddish includes Yom HaShishi, which are pesukim describing Shabbat, and two Brachot, Borei Peri HaGafen, and Mekadesh HaShabbat. [4]

Kiddish during the day

  1. The text of Kiddish during the day is just Borei Pri Hagefen. [5]
  2. It's forbidden to taste anything before Kiddish. [6]
  3. It's permissible to drink water before Shacharit on Shabbat day since the obligation of Kiddish doesn't apply until one prayed. [7]

Timing

  1. Ideally, one should say Kiddush as soon as one gets home from Shul on Friday night.[8]
  2. If one missed Kiddush on Friday night, it can and should be made up at any point during Shabbat day, which means that one would recite the longer Friday-night version of Kiddush on Shabbat day. [9]

Women

  1. 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.[10]

Sources

  1. Rambam (Hilchot Shabbat 29:1) writes that there's 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 to me that Tosfot (Nazir 4a D"H My Hee; first opinion) holds that the mitzvah of Kiddish is Derabbanan and the pasuk of Zachor is only an asmachta.]
  2. Pesachim 106a states that the Kiddish is supposed to be said over a cup of wine. Tosfot(D"H 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 Deorittah, but drinking it is Derabbanan.
  3. Magan Avraham 271 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 Arvit prayer in Shul. This is quoted as halacha by the Bear Hetiev 271:2. However, Mishna Brurah 271:2 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.
  4. Rambam (Hilchot Shabbat 29:7) writes that the order of Kiddish is Vayichulu (which are pesukim said based on Minhag), the Borei Pri Hagefen and then Mikdash HaShabbat (the text of which can be found in Rambam 29:2).
  5. Pesachim 106a writes that the primary Kiddish is at night but there's also a Kiddish of the day. Even though it seems to be Deorittah as the gemara learns it from a pasuk, the Rishonim agree that the pasuk is only an asmachta (Ravad and Magid Mishna (Hilchot Shabbat 29:10), quoted by Bear Heitiv 289:2) and the obligation of Kiddish during the day is only Rabbinic. The gemara concludes that the text of such a Kiddish is just Borei Pri HaGefen. Rambam (Hilchot Shabbat 29:10) and S"A 289:1 rule this as halacha.
  6. Rambam (Hilchot Shabbat 29:10) and S"A 289:1 rule that since there's an obligation to make Kiddish it's forbidden to eat anything before Kiddish just like the Kiddish of Friday night.
  7. Tur writes in the name of his father, the Rosh, and S"A 289:1
  8. Pesachim 106a learns that the primary way to do Kiddish, a remembrance of Shabbat is with wine on Friday night because that's the beginning of the day (in the Jewish calendar). Shulchan Aruch, O”C 271:1
  9. The Gemara Pesachim 105a rules that if one missed saying Kiddish on Friday night one can make it up through the rest of Shabbat. Rambam (Hilchot Shabbat 29:4), Tur and S"A 271:8 rule like the gemara pesachim. This is agree upon by the achronim including Ben Ish Hai (Bereshit, 19) and Hacham Ovadia Yosef, in Halichot Olam.
  10. 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. So rules the S"A 271:2.