Issue Number 4 --- 21 Menachem Av, 5754
Compiled and Published by Kollel Menachem - Lubavitch (Melbourne, Australia) in the zechus of the Lubavitcher Rebbe, o.b.m.
Kiddush on the night of Shabbos has many halachic aspects of which the following are treated here:
The Gemora (Pesochim 106a) learns from the verse "Remember the Shabbos day to sanctify it..." [1] that one is required to remember Shabbos at its commencement at night. Rashi and Rashbam explain that the phrase "to sanctify it" teaches that kiddush is required at the time that Shabbos acquires its sanctity, i.e. at its beginning.
Tosfos [2] states that this interpretation of the verse is definitive and the basis of a Torah obligation to make kiddush.
The Rambam rules similarly. [3] The Ramban [4] explains that the reason for making kiddush at night is that anything requiring sanctification, such as the new month and yovel (fiftieth year), is sanctified at its commencement.
The Chinuch [5], explains that the reason for sanctifying Shabbos through kiddush is to emphasise its greatness and distinction from other days.
Most halachic authorities, including the Mogen Avrohom [6], Alter Rebbe [7] and Mishna Brura [8], hold that one fulfils the Torah obligation for kiddush merely by reading the appropriate section about Shabbos. It is only that the Rabbis ruled that kiddush should be said over wine.
The Mogen Avrohom [9] rules that one has fulfilled the Torah obligation for kiddush by reading it within the usual Friday night davening.
Rabbi Akiva Eiger [10] states that even mentioning Shabbos e.g. shabboso tovo ("good Shabbos"), is sufficient to fulfil the Torah requirement.
The Pri Megodim [11] rules that the entire blessing including its conclusion "Boruch atto Hashem mekkadesh hashabbos" is required.
The Sdei Chemed [12] brings proof, that a blessing is not essential to fulfil the Torah obligation, from the Rashba [13] who states that in kiddush the sanctity of Shabbos is remembered by reading the verses "vayechulu" ([the heaven and earth] were completed...) [14] or "veshomru" ([and the Children of Israel] kept [the Shabbos]...) [15].
The Chasam Sofer [16] reasons that even though technically one could fulfil the Torah obligation for kiddush in davening, once, however, the Rabbis instituted that it be said over wine, one wishes to fulfil the obligation with the Rabbinical requirement. Therefore, it is considered as though one had in mind not to fulfil the obligation of kiddush during davening, rather while saying the kiddush over the wine, as instituted by the Rabbis. He concludes, therefore, that kiddush on wine nowadays is a Torah obligation.
Similarly, the Tosfos Shabbos [17] rules that one only fulfils the Torah obligation for kiddush during davening if one specifically had in mind to do so. If one davened without any explicit intention in this regard he is taken not to have fulfilled his obligation for kiddush since he is presumed to intend to make kiddush in his home.
The Psicho Kolleles of the Pri Megodim [18] rules that wherever the Rabbis stipulated that a mitzva has to be performed in a certain manner, one has not fulfilled even the Torah obligation if one purposely did not perform it in that manner - only if one was compelled for some reason not to follow the Rabbinical requirements, would one have fulfilled the Torah obligation.
The Minchas Chinuch [19] rules that one cannot fulfil the Torah obligation for kiddush in davening since in the form of the tefillah there is no mention of the exodus from Egypt (required for kiddush according to the Gemora Pesochim 117b), unlike the kiddush on wine, where it is mentioned.
The Gemora (Pesochim 105a) learns the prohibition of eating before kiddush from the law regarding ma'aser (removing the tithe from produce). One is usually permitted to eat a casual snack from untithed produce. Once, however, Shabbos enters, an obligation is fixed to take the tithe, and even a snack is considered as a full meal, and is forbidden until the tithe is taken. Similarly, once Shabbos enters, an obligation to make kiddush is fixed and one is not permitted to eat or drink (even water) before kiddush. Even though there are other mitzvos where only a meal is prohibited prior to performing them, as distinct from tasting food, nevertheless kiddush is stricter since the essential time to perform it is at the very beginning of Shabbos.
The Minchos Elozor [20] is of the opinion that the prohibition against eating before kiddush is only from nightfall, not from bein hashmoshos (the period between sunset and nightfall). This is similar to the situation before havdoloh, where it is prohibited only to eat from nightfall, and there is no need to object those who start seudo shlishis on Shabbos during bein hashmoshos.
The Alter Rebbe [21] and Mishna Brura [22], however, rule that it is prohibited to eat before kiddush from bein hashmoshos. The Alter Rebbe [23] explains that the situation with regard to kiddush is different from havdoloh in that it is impossible to conclude the Shabbos during bein hashmoshos, while one is required to observe the halachos of Shabbos on Friday already from the beginning of bein hashmoshos. Accordingly, this is halachically the commencement of Shabbos and the time for kiddush. Where one "brings in" Shabbos while it is still day, before bein hashmoshos, one may also not eat before kiddush. It should be noted that "bringing in Shabbos earlier" according to the Alter Rebbe [24] is through davening Maariv or - in the case of a woman - lighting the Shabbos candles, for these represent the acceptance of Shabbos upon oneself in all its aspects, including the obligation of kiddush, before which one may not eat. However, acceptance of tosfos Shabbos (accepting Shabbos early through cessation of prohibited work - m'locho) does not include every aspect of Shabbos and does not prohibit one from eating before kiddush.
The Toras Shabbos [25] rules that candle lighting is not sufficient to prohibit eating before kiddush, whereas davening Maariv early does achieve this.
The Mincha Chadosho [26], however, rules that for practical purposes a woman should not eat or drink after candle lighting except water if she were thirsty since there are authorities - upon whom one may rely in this case - who generally permit drinking water before kiddush.
The Maharsham [27] rules that only if she is in great discomfort may she drink water after lighting candles, as long as it is before bein hashmoshos.
The Shulchan Aruch [28] states that one should place a cloth on the table under the challah, and a second cloth on top of the challah. Three reasons have been given for this. First, the Gemora [29] states that one may not bring in the table [of food] until after kiddush. The She'iltos [30] explains that this is to show that the meal is brought in honour of Shabbos. Tosfos [31] explains that it would be impractical for us, who have large tables, to wait until after kiddush to bring in the table. Therefore, the table is already in place but the bread is covered.
A second reason [32] is that bread takes precedence over wine in the order of blessings. It is therefore covered so as not to be "embarrassed" in that the blessing over the wine is said first.
Thirdly, Tosfos mentions that the cloths under and over the challah symbolise the layers of dew under and over manna in the desert.
The different reasons have practical implications. The Mogen Avrohom [33] suggests that according to the second reason (of priority of blessings), one would be permitted to uncover the challah as soon as one had completed "borei pri hagofen" (the blessing on wine in the middle of kiddush). According to the first reason, however, one would have to wait until after kiddush is finished.
The Mishna Brura [34] and the Nimukei Orach Chayim [35] suggest that according to the third reason one should keep the challah covered right up until after hamotzi for the manna has no intrinsic connection to kiddush in particular.
The Oruch Hashulchan [36] says that this is the general custom.
The Rivevos Ephraim [37] writes that if one is making kiddush for a number of people who have their own challos, they all should cover their challah even if they are seated at a separate table. If, however, each one is making kiddush separately there is no need to cover his challah while someone else is making kiddush, for none of the three reasons apply: (a) it does not show that it comes in honour of Shabbos, since the one making kiddush will not eat from that challah; (b) nor is there a problem of embarrassing the challah since the other will not be eating from it; (c) since the one making kiddush will not be eating from it, no remembrance of the manna is required.
The Kitzur Shulchan Oruch [38] rules that even mezonos (e.g. cake or biscuits) that one intends eating after kiddush must be covered during kiddush.
The Eshel Avrohom [39] writes that perhaps one may not need to do so, however, one may need to cover sliced challah that one will eat during the meal.
[1] Shemos 20:8
[2] Shavuos 20b; Sotah 32a
[3] Hilchos Shabbos 29:1
[4] Shemos ibid
[5] Mitzvah 31
[6] 271:1
[7] 271:1
[8] 271:2
[9] ibid [10] ibid
[11] ibid, Mishbetzei Zohav,1
[12] Ma'areches HaKlolim, zayin 13
[13] Responsa, Vol 4, 295
[14] Bereshis 2:1
[15] Shemos 31:16
[16] Responsa Orach Chayim 15; 17; 21
[17] 271:3
[18] ibid
[19] Mitzvah 31
[20] Responsa Vol 1, 33; Vol 2,11:1
[21] ibid 9
[22] ibid 11
[23] ibid Kuntres Acharon 3
[24] 271:9
[25] 271:6
[26] 77:2
[27] Da'as Torah 271:4
[28] Orach Chayim 271:9
[29] Pesachim 100b
[30] Yisro, sheila 54
[31] Pesachim ibid
[32] Tur, 271
[33] 271:20
[34] ibid 41
[35] ibid 2
[36] ibid 22
[37] Vol 1, Orach Chayim 200
[38] 51:5
[39] 182
The above is not intended to decide halachic questions, but rather to clarify them in a clear and concise form. Please refer all your practical questions to your local Rabbi.
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