Kiddush II: Practical Issues קידוש (ב): למעשה

For Rav said: just as Shabbat makes [eating] established for [obligation in] tithing [so that produce must be tithed before eating], so Shabbat makes [eating] established [for obligation in] kiddush.

So it makes [eating] established [for obligation in] kiddush- That it is prohibited to taste [food] until he recites kiddush, therefore from when it becomes dark it is automatically considered a Shabbat meal.

It is prohibited to taste anything prior to reciting kiddush, even water.

…It is a mitzva to recite the beracha on wine on Shabbat before he eats the second meal [the first daytime meal], and this is called kiddusha rabba, he recites only borei peri ha-gafen and drinks, and afterwards washes his hands and feasts, and it is prohibited for a person to taste anything before reciting kiddush.

“It is prohibited for a person to taste anything before he recites kiddush” Avraham says: By my life, if he said this based on reasoning, then he never reasoned a poorer reason than this in his life, and since they [the sages] called it kiddusha rabba it came to him [Rambam] thus. But it is nothing, for the day was already sanctified over wine when it came in before he tasted [anything]…

That they should not taste [food] before it etc. And women are also included in this matter, for in every matter of Shabbat men and women are equal [later authorities].

It is prohibited for him to occupy himself with his needs or to go on the road until he recites the Shemoneh Esrei prayer (Rema: there are those who are lenient after they say a few berachot before they say baruch she-amar, and it is good to be stringent with this)(Terumat Ha-Deshen 18) and not to eat and not to drink, but it is is permissible to drink water before prayer, whether on a weekday or on Shabbat or Yom Tov, and so food and drink for medical purposes are permissible. The thirsty and the hungry are in the category of the ill if he has the ability to focus his thoughts he should pray, and if not, if he wants, he shouldn’t pray until he eats and drinks.

…To drink water in the morning before prayer is permitted, since the obligation of kiddush is not yet incumbent on him.

The obligation of kiddush – And someone to whom it is permitted to eat and drink before tefilla, as when it is for healing and as above 89:3, it is simple that he needs to recite kiddush first.

All nights of Yom Tov, and on the night of Yom Kippur, we say she-hechiyyanu. And on the seventh of Pesach, we don’t recite the beracha of she-hechiyyanu, since it is not a festival in its own right, and one has already recited the beracha over time at the beginning of Pesach.

Rabba said: When I was at the beit midrash of Rav Huna it was asked of us: What is [the halacha regarding] saying time [she-hechiyyanu] on Rosh Ha-shana and on Yom Kippur?…Rav and Shemuel, for they both said: One only says time [she-hechiyyanu] on the three pilgrimage festivals…In any case, do we require a cup [of wine]?…The halacha is: one recites time [she-hechiyyanu] on Rosh Ha-shana and on Yom Kippur, and the halacha is: time [she-hechiyyanyu], one recites it even in the marketplace.

For whenever it is possible [to recite] over a cup [of wine], it is fitting to say it in order with the other berachot [of kiddush] over a cup.

We say in the last chapter of Berachot in the Yerushalmi: One who lights a candle on the nights of Yom Tov says: “Who has sanctified us with His commandments and commanded us to light a candle in honor of Yom Tov” and does not need to say time [she-hechiyyanu].”

He [the questioner] was correct, in my humble opinion, to protest the custom of women who recite the beracha of she-hechiyyanu over lighting the candle of Yom Tov, and his claims are great since it [the custom] is not mentioned by any halachic authority…And further, that it is no better than the beracha of she-hechiyyanu on making a sukka, which is mentioned in the Talmud and we rely on [the she-hechiyyanu] of kiddush. Therefore, certainly it is a good question, and by master’s life that from the day on which I stood on my own cognizance it was also an astonishing matter in my eyes and I wanted to reprove my wife, for this reason. And even so, I did not take action and I left her her custom which was held in her hand, for in truth a concern of a beracha in vain (as his honor thought) is not [present] here in my humble opinion. For if she wished not to discharge the obligation of the beracha of time [she-hechiyyanu] through her husband, then who would reprove her for reciting a beracha for herself, a beracha in which she is obligated without a doubt (“for these women, since they are included in keeping and remembering” and in simchat Yom Tov, it is clear that they must also recite the beracha of time [she-hechiyyanu])? And even without the lighting, she can recite she-hechiyyanu immediately at the onset of Yom Tov, for we maintain that time [she-hechiyyanu], one can say even in the marketplace, but where there is a cup, we attach it [the beracha] to it [the cup]. Nevertheless, it is also not a beracha in vain in such a case, because the day brings about [the obligation] in the beracha of time [she-hechiyyanu], as was mentioned. And it is no worse because she attaches it to lighting a candle. And it is fine, because it [the candle-lighting] comes first and with it the honor of Yom Tov and its rejoicing are recognizable. Therefore, I said to myself: Allow them [women] their custom, which is an inheritance to them from their fathers and they acted thus before the great ones of blessed memory…And it would be fitting in my eyes (to teach favorably of the custom) to recite the beracha, were I to find a support and basis in the words of the halachic authorities of blessed memory. But I still haven’t seen a single known book of halachic rulings that mention it. Therefore, it is difficult in my eyes that women make their own custom without an established foundation.

…Our women also recite the beracha of she-hechiyyanu at the time of lighting candles on Yom Tov and one should not protest them, for on the whole on the evening of Yom Tov they light really at evening time, and she-hechiyyanu applies to Yom Tov. And there are those who raise questions with this, and [we should] allow the daughters of Israel their custom. And on Yom Kippur, there are those who recite the beracha and those who don’t recite the beracha and our custom has been to recite the beracha.

For women who have the custom to recite the beracha of time [she-hechiyyanu] over candle-lighting, if she recites kiddush for herself for whatever reason, she cannot recite the beracha of time [she-hechiyyanu] again over kiddush, for she has become exempt through the beracha that she recited over the candle.

One must go back and light – Even a shali’ach tzibbur who recited the beracha in synagogue must go back and light [Chanuka candles] in his home, for there is an obligation on each person to light [Chanuka candles] in his home, and in any case he should not repeat the beracha of she-hechiyyanu in his home unless he lights to discharge the obligation of his wife and members of his household.

Women who have the practice not to perform labor on Motza’ei Shabbat, it is not a [valid] custom. Until tefillot end, it is a [valid] custom. On Mondays and on Thursdays, it is not a [valid] custom. Until a fast day ends, it is a [valid] custom. On the day of Hoshana Rabba, it is not a [valid] custom. From the time of mincha and onward, it is a [valid] custom. On Rosh Chodesh, it is a [valid] custom. Rabbi Ze’ira said: Women who have the practice not to weave from when Av begins, it is a [valid] custom.

…These women, since they are included in “keeping” they are included in “remembering” and they discharge the obligation of men, since they are obligated on a Torah level like them.

For Shemuel said: Kiddush is only in the location of a meal.

Indeed, kiddush is obligatory on a Torah level, as is explicit in the third chapter ofBerachot (20b). And no one disputes this. And that statement in the fifth chapter of Berachot: Rabbi Chiyya son of Rabbi Abba said Rabbi Yochanan said: The men of the Great Assembly enacted for Israel berachot and tefillot, kiddushes and havdalas. Perforce, it is not referring to the very essence of the things…rather that their essence is a matter of Torah law…kiddush is to mention it [Shabbat] as it comes in, as a sort of praise and tribute, like their statement (Shabbat 119): Rabbi Chanina would say, let’s go out and welcome Shabbat the queen. And he would praise and say: Come bride, come bride, and the like, reading verses regarding the sanctity of Shabbat, reading va-yechulu [the end of creation] or “and the children of Israel kept Shabbat” and the like. And each and every person says what occurs to him in the matters of its [Shabbat’s] praise and sanctity, by heart and without holding any object, neither his cup nor his bread. They [the men of the Great Assembly] came and they established one text for all in the location of the meal and with an object. And they enacted that they mention [Shabbat’s] sanctity over wine, since we only recite song over wine. And they enacted to mention it in prayer and they established for it the fourth beracha [of the Shabbat amida].

[The obligation of] kiddush on a Torah level is without wine and our sages enacted [saying it] over wine…And it seems to me that on a Torah level, the kiddush that he said in tefilla suffices, for in the verse it is written “remember Shabbat” and behold he has mentioned it. And [the requirement of] kiddush in the location of a meal, our sages enacted…

In my humble opinion, it is proven thus from [the fact] that we don’t recite kiddush on Yom Kippur that falls out on Shabbat in order to discharge the Torah-level obligation of kiddush. Perforce that it is because we discharge the obligation in tefilla…And also it would seem not specifically prayer, but anyone who mentions Shabbat, and says “Good Shabbos” would also discharge the obligation, for in any case he mentioned Shabbat. Explore it and you’ll find it simple.

I am very astonished at the later authorities, see Magen Avraham 271:1, who wrote that through the tefilla of Shabbat one discharges the obligation of kiddush, for [making it] on wine is only a rabbinic obligation…And to me it is very surprising, since in the text of tefilla on the night of Shabbat we don’t mention yetzi’at Mitzrayim, [so] we certainly don’t discharge our Torah obligation at all. And it is an explicit undisputed Amoraic statement that is learned from a gezeira shava, perforce certainly if one did not mention yetzi’at Mitzrayim in kiddush in whichever text that one says in honor of the day, one has not discharged the Torah obligation at all, and we do not discharge the Torah obligation [of kiddush] through tefilla on Shabbat at all…

For mitzvot require intentionality to discharge the obligation in performing the mitzva, and presumably it is not the way of the world to intend to discharge the positive commandement of “zachor” in tefilla, since one has wine or bread and can recite kiddush over them later with a beracha in accordance with the halacha, and it is better to discharge the Torah-level commandment then than to discharge it now without a cup and not in the location of the meal.

Perhaps it is possible to say that since one mentions the verse of “Israel kept the Shabbat” etc. immediately after hashkiveinu, which is an extended beracha of redemption, this suffices on a Torah level [for kiddush including mention of yetizi’at Mitzrayim], for it includes praise of the Shabbat day and even though one still did not mention the sanctity of the day…This is what seems to me to harmonize the words of Magen Avraham because of the difficulty of the question [of omitting mention of yetzi’at Mitzrayim]. But in any case, for halacha it requires study, for perhaps the intention of the gemara was that one mention yetzi’at Mitzrayim within kiddush, and in the text of our prayer we have not found this, and for all of the above reasons we wrote inside [the Mishna Berura] that one should question this a great deal…

Indeed, what I am in doubt about is even with a man who recites kiddush and discharges the obligations of his wife and household members, if the women did not pray Ma’ariv and the man already prayed Ma’ariv. And if so the man isn’t obligated on a Torah level, but the women who did not pray are obligated on a Torah level; if so do they discharge their obligation through hearing from the man? Although with all berachot even one who has discharged the obligation can discharge it for others as is written in Rosh Ha-shana 29a, this is on the rationale of areivut, that all of Israel are guarantors for each other as Rashi wrote there. But behold Rosh wrote…that a woman is not included in areivut, Therefore, she can only discharge [the obligation of] someone whose obligation is rabbinic. I am in doubt as to whether “a woman is not included in areivut” means that she is not a guarantor for others, but men, who accepted areivut at Mount Gerizim and Mount Eival also became guarantors for the women. If so, a man can clearly discharge a woman’s obligation even when he has already discharged his obligation. Or perhaps, just as women did not enter into guarantorship, thus men did not accept areivut for women…

A person discharges the Torah-level obligation through the Shabbat Ma’ariv prayer and only our sages enacted to recite kiddush over wine. Nevertheless, there are those who say that whoever has wine does not discharge their Torah-level obligation through kiddush in tefilla. Also, there are those who say that whoever does not have intention in tefilla to discharge their obligation in kiddush, does not discharge the Torah obligation [through tefilla].

A person can recite kiddush for others even though he does not eat with them, for it is the location of the meal for them. And even though with the beracha of wine he cannot discharge the obligation of others if he does not benefit along with them [from the wine], since this bore peri ha-gafen is an obligation for kiddush, it is like kiddush at night and he can discharge their obligation even though he does not [personally] benefit [from the wine by drinking]. Rema: Even with kiddush on Shabbat morning it is permissible to do so…And this is when they don’t know [how to recite kiddush].

It seems in my humble opinion that after the fact he discharges the obligations of others in in all situations, for all berachot, even if he has discharged his obligation, he discharges the obligation even of experts…