Kiddush Part 2
Based on a shiur by Rav Yosef Zvi Rimon
Translated by David Silverberg
[This shiur is a continuation of last week's mailing.]
The Time for Kiddush Be-di'avad
The Gemara writes in Masekhet Pesachim (105a): "Rabbi Chiya's sons said: One who did not recite havdala on Motza'ei Shabbat may recite havdala anytime throughout the week; similarly, one who did not recite kiddush on Shabbat eve may recite kiddush anytime throughout the day." Thus, be-di'avad one who did not recite kiddush on Friday night may recite it anytime over the course of Shabbat. However, the Rama comments (271:8) that in such a situation one does not begin kiddush with va-yekhulu, because this paragraph, which tells of God's cessation of "work" after six days of creation, is relevant only on Shabbat eve, when God ended the work of creation.
Does this halakha apply only if one mistakenly forgot to recite kiddush, or even to a person who intentionally neglected to recite kiddush on Friday night? Rav Amram Gaon claimed that only when one forgot to recite kiddush Friday night may he do so the following day, whereas the Rambam (Hilkhot Shabbat 29:4) applies this halakha even in cases of intentional neglect. The Bach explains that this debate revolves around the very nature of the halakha permitting one to recite kiddush throughout Shabbat day. According to Rav Amram Gaon, this halakha parallels the institution of "tashlumin" with regard to prayer. Just as a person who forgets to recite shacharit, for example, may make up the missed tefila by reciting mincha twice, similarly, one who forgets kiddush is given the opportunity to make it up during Shabbat day. Therefore, this halakha applies only in cases where one forgets, just as the rule of "tashlumin" for prayer is limited to instances of a forgotten tefila. The Rambam, by contrast, maintains that essentially, the time for kiddush extends throughout Shabbat, only le-khatechila one must endeavor to recite it Friday night. Therefore, even when a person intentionally fails to recite kiddush, he may recite it on Shabbat day.
We might add that this debate perhaps hinges on the aforementioned question concerning the very nature of kiddush. If kiddush parallels kiddush ha-chodesh, then it stands to reason that the ability to recite it on Shabbat day constitutes "tashlumin" – making amends for a missed recitation, rather than a recitation in the primary time-frame. If, however, kiddush serves as a proclamation of the unique sanctity of Shabbat, then possibly the entire Shabbat is suitable for this proclamation. Therefore, the Rambam, consistent with his position concerning the nature of kiddush, allows its recitation on Shabbat day even in cases of intentional neglect.
As for the final halakha, the Shulchan Arukh adopts the Rambam's position, permitting the recitation of kiddush throughout Shabbat, regardless of the circumstances surrounding its omission Friday night.
Eating Before Kiddush
The Gemara in Masekhet Pesachim (105) establishes that one may not eat from the onset of Shabbat until the recitation of kiddush, or from the time Shabbat ends until the recitation of havdala. May one drink water during these periods? The Gemara there in Pesachim explicitly permits drinking water before havdala. The Rambam formulates this halakha as follows: "It is forbidden for a person to eat or drink once the day becomes holy [meaning, once Shabbat arrives] until he recites kiddush, and similarly once the day departs… until he recites havdala. Drinking water is permissible." The straightforward reading of this passage indicates that the final clause, permitting drinking water, applies to both kiddush and havdala. The Rashba, however (teshuvot, 3:264), claims that the Gemara permits drinking water before havdala, but not before kiddush. He argues that given the stringency of kiddush, which exceeds that of havdala, had the leniency concerning water applied to kiddush, the Gemara would have mentioned it in the context of kiddush, rather than havdala. We would have then naturally extended the provision to havdala, whose rules are generally more lenient than those of kiddush. The fact that the Gemara chooses to mention the leniency specifically regarding havdala clearly indicates that it applies only to havdala, and not to kiddush. Furthermore, the Talmud Yerushalmi (Pesachim 10:1) records that Rabbi Yudan posed the question of whether one may drink to quench his thirst before kiddush, and he was answered in the negative. Although the Yerushalmi does not mention explicitly that Rabbi Yudan referred to water, this is certainly implied by the Gemara's response, which forbade drinking altogether, and did not allow for quenching one's thirst by drinking water.
The Rosh and other Rishonim followed the Rashba's position, and this is the ruling of the Shulchan Arukh (271:3). The Mishna Berura notes that nevertheless, one may rinse his mouth before kiddush.
With regard to men, the prohibition against eating begins at sundown, but different views exist as to when the prohibition takes effect for women. According to some views, a woman may drink water during the period in between candle lighting and sundown.
Returning to havdala, we should note that although, as we saw, one may drink water before havdala, some Kabbalists forbade doing so for Kabbalistic reasons.
The Gemara in Masekhet Pesachim (106b) records a debate as to whether a person forfeits the mitzva of kiddush if he eats before reciting kiddush. The Shulchan Arukh (271:7) rules that one may still recite kiddush even if he ate beforehand.
If a person remembers only after he finished his meal that he had not recited kiddush, he should recite kiddush at that point and should preferably eat a kezayit of bread. The reason for eating bread with kiddush involves the rule of "kiddush be-makom se'uda," a topic with which we will iy"H deal in a future shiur.
Standing/Sitting During Kiddush
Tosefot in Masekhet Berakhot (43a) question the common practice that one person recites havdala on behalf of several or many listeners, who fulfill their obligation through his recitation. Since everybody stands during havdala, the gathering lacks the kevi'ut (establishment as a unified group) required to enable the recitation of havdala to fulfill the obligation on behalf of everyone assembled. Tosefot explain that the very fact that all those gathered came together for the recitation of havdala suffices to establish the required kevi'ut. Nevertheless, Tosefot conclude, people should preferably sit for the recitation of havdala.
Thus, according Tosefot, people should sit for havdala in order for the listeners to fulfill their obligation through the recitation. The Vilna Gaon cites Tosefot's comments and adds, "and this is correct." It is unclear whether his approval refers to Tosefot's conclusion, that people should preferably sit, or to their reluctant justification of the practice to stand. The Sha'ar Ha-tziyon (271:51) remains undecided on this issue of how to interpret the Gaon's comment, but in the Mishna Berura (271:46) he writes that in the Gaon's view, one should preferably sit. He concludes that le-khatechila one should make a point of sitting. On the other hand, Rav Chayim of Volozhin testified to the fact that Vilna Gaon personally recited havdala while standing.
In any event, the Mishna Berura writes that in order to maintain a sense of kevi'ut during kiddush, nobody should walk about while it is recited; everyone should rather remain standing in his place.
The Arizal writes in Sha'ar Ha-kavanot that one must stand during kiddush, and he implies that one should then sit and drink while sitting. This is indeed the widespread practice among the Sefaradim. The Sefer Ha-manhig (Shabbat, 6), by contrast, maintains that one should recite the paragraph of "va-yekhulu" while standing, and recite the rest of kiddush while sitting. This appears to be the straightforward reading of the Shulchan Arukh. The Rama, however, writes (271:10): "The custom is to sit even while reciting 've-yekhulu.' However, one stands just a bit when beginning kiddush out of respect for the [Divine] Name. For we begin with, 'yom ha-shishi va-yekhulu,' and the Name is alluded to [in this phrase] by way of the first letters." The Mishna Berura explains that although the recitation of "va-yekhulu" constitutes testimony to God's having created the world, and testimony must be delivered while standing, one fulfills the "testimony" aspect of "va-yekhulu" through the recitation of this paragraph in the arvit prayer. Therefore, the recitation of "va-yekhulu" at kiddush does not serve as testimony, and it may be recited sitting.
Halakhot Pertaining to the Kiddush Cup
The Gemara in Masekhet Berakhot (51a) discusses the requirements concerning the cup used for birkat ha-mazon, and enumerates ten different halakhot: 1) "Hadacha" - its interior must be rinsed. 2) "Shetifa" - its exterior must be rinsed. 3) "Chai" – the wine must be diluted. 4) "Malei" - the cup must be full. 5) "Itur" – the cup must be surrounded (according to one view in the Gemara, it must be surrounded by people; according to a different view, with other cups). 6) "Ituf" – one must wrap himself in a talit. 7) One must hold the cup with both hands. 8) One must then place it in his right hand. 9) One lifts it one handbreadth above the table. 10) One must look at it during the recitation.
The Gemara then cites Rabbi Yochanan who maintains that only the first four requirements apply. The Rambam follows this position of Rabbi Yochanan, whereas the Shulchan Arukh (183) codifies all these requirements with the exception of "itur" and "ituf." The Magen Avraham writes that the Kabbalists insist upon all ten requirements. The Mishna Berura rules that the first four requirements apply on the level of strict Halakha, whereas the remaining six are considered a mitzva min ha-muvchar (highest level of performance, but not required according to strict Halakha).
Do these rules apply to the kiddush cup, as well? The Rambam rules (Hilkhot Shabbat 29:7) that the first four requirements apply to the kiddush cup, and, furthermore, one must hold the cup with his right hand and lift it a handbreadth above the table. The Shulchan Arukh writes (271:10), "One recites kiddush over a full cup of wine, which is not 'pagum,' and it requires all that the cup used for birkat ha-mazon requires."
We will now explain these requirements in greater detail.
Rinsing: Although some people have the practice of actually rinsing the kiddush cup before kiddush, Rabbenu Yona writes that strictly speaking, if the cup had been rinsed after it was last used and then placed in the closet, one need not rinse it again before kiddush.
"Chai": Different views exist as to what this requirement entails. Some explain that one must pour some water into the wine even if it has already been diluted (Shulchan Arukh), or, according to others, only if it had not been previously diluted (Rama). A different approach entirely appears in Rashi's commentary to Masekhet Berakhot (41a), according to which this disqualification refers to wine that had just now been taken from the barrel. The Rama therefore writes that one must remove the wine from the bottle just prior to kiddush. Rabbenu Yona offers yet another explanation, claiming that "chai" refers not to the wine but to the cup, meaning, the cup must be whole and not broken. The Shulchan Arukh brings this view, as well.
In light of this halakha, Rav Moshe Feinstein rules in Iggerot Moshe (39:3) that one may not use a disposable cup for kiddush, since it does not satisfy this criterion of "wholeness." Be-di'avad, however, if one has no other cup for kiddush, he may use a disposable cup. The Tzitz Eliezer takes issue with this ruling, and holds that we may, indeed, consider a disposable cup "whole," and it may therefore be used for kiddush even on the level of le-khatechila.
"Malei": The Shulchan Arukh rules that the cup must be full for kiddush. The Taz observes the practice of many not to fill the cup entirely, and suggests that they do this to prevent spilling. The Mishna Berura (271:42) writes that be-di'avad, one fulfills the obligation even if the cup is not completely full, provided that it contains at least a revi'it of wine.
The Gemara in Masekhet Pesachim (105b) rules that if a person sips from the cup before kiddush, it becomes "pagum" (literally, "deficient") and may not be used. Rashi writes, however, that be-di'avad, if one has no other cup for kiddush he may use a "kos pagum."
Why does sipping from the cup disqualify it for kiddush? It appears at first glance from the Gemara's discussion that the problem involves the prerequisite amount of wine. Once someone tastes some wine from the cup, the cup will no longer contain the minimum required amount. Rav Hai Gaon writes this explicitly. Tosefot, however, disagree, and explain that the very fact that someone tastes from the cup renders it unworthy for use as a kiddush cup. The Rambam (Hilkhot Shabbat 29:16) likewise implies that sipping from the cup infringes upon the honor of kiddush.
Avudraham and the Shulchan Arukh rule that pouring some wine – rather than tasting – does not disqualify the cup for kiddush.
If someone does sip from the cup, then according to the Yerei'im, he may still use the cup if he first adds more wine to replenish the lost wine. The Maharam of Rutenberg, by contrast, held that one must pour the wine back into the bottle. In his view, each drop from the cup that falls into the bottle is "battel" ("nullified") by the wine in the bottle, and thus one may then use the wine in the bottle for kiddush.
The Shulchan Arukh (182) follows the opinion of the Yerei'im. However, the Magen Avraham and Mishna Berura point out that this entire discussion applies only be-di'avad. Preferably, one should add some wine into the cup and then pour it back into the bottle, thereby satisfying both views.