Hilchot Shabbat: The Laws of Kiddush #8
Based on a Naaleh.com shiur by Rabbi Shimon Isaacson
The Rambam in Hilchot Shabbat discusses the laws of Kiddush. The kot (cup) should hold a minimum of a reviit. It must be washed on the outside and inside so that no residue of dirt remains. It should be filled to the top. One should hold it in the right hand and lift it up a tefach-about 3.3 inches. One should make the blessing Al Hagafen and Mekadesh HaShabbat.
The Mishne Berura adds that the kot should be picked up with both hands to show chavivot (love) for the mitzvah and then transferred to the right hand. There's a Kabbalistic custom to place it in the palm of ones hand with the fingers facing heavenward. One should gaze at the cup to enhance one's kavana (intention). The Shulchan Aruch writes that it shouldn't be a kos peguma (a broken cup). Ideally even the base shouldn't have any cracks or dents. The Mishne Berura brings the Magen Avraham quoting the Bach that a yorei shamayim (one who fears Hashem) should don a hat and jacket when making Kiddush. This is based on the Gemara that says that when a person makes a blessing on a kot shel bracha he should be wrapped.
There are three primary opinions on how large the kot must be. The Chazon Ish held that it must contain 5.3 ounces or 150 milliliters, the numerical value of kot hagun. Rav Chaim Naeh ruled that it must hold 3.2 ounces or 86 milliliters, the numerical value of kot. Rav Moshe held that it must be 4.4 ounces.
The Shulchan Aruch writes that ideally one should make Kiddush on wine that one enjoys. The wine shouldn't be pagum- touched by human lips. If it was touched by other parts of the body like one's fingers, it's fine. If a person makes Kiddush, then drinks the wine, and would then like to pour back what is left, he should add a bit of wine from the bottle to the kot and mix the new wine with the old wine and then pour it back.
The Shulchan Aruch rules that the one who made Kiddush must drink a malei lugmov-a cheek full of the wine. For the average person, this is the majority of a reviit. The mitzvah min hamuvchar is for everyone who heard the Kiddush to taste of the wine. He writes further that if the one whomade Kiddush doesn't want to drink from the wine, someone who heard the Kiddush may drink it instead. The Ritva adds that if a few people take a sip and it adds up to a malei lugmav, one has fulfilled one's obligation. Arvut (exempting others with one's blessing) applies to birchat hamitzvot 'but it doesn't apply to birchat hanehin so how can we understand this ruling?
Rav Soloveitchik suggests that perhaps Borei Pri Hagefen in Kiddush is not like the other birchat hanehin. It melds into the blessing of Mekadesh haShabbat and becomes a birchat hamitzvah. Therefore even if the one who made Kiddush doesn't drink from the wine, others can drink instead.
The Gemara in Eruvin asks, how can one make Kiddush on Yom Kippur without drinking the wine? The Gemara suggests that one should give the wine to a child. It then says that this practice is poor chinuch because the child may think that for the sake of Kiddush one may drink on Yom Kippur. Still Rashi says that someone must drink from the wine not because it's a bracha levatala (a blessing said in vain) but because it's degrading to the kot. We see that the Borei Pri Hagafen becomes a part of the mitzvah of Kiddush. Others can drink from the wine because it's not a chovot gavra (requirement on the individual) but a chovot cheftza (requirement on the object).
There are three different positions on what aspect of Kiddush is Torah mandated. The most stringent view holds that every aspect of Kiddush is d'orayta. We follow the position of the Rambam who rules that the words are d'orayta while the kot and drinking the wine is d'rabanun. The intermediate view proposed by Tosfot says that the words and the kot are d'orayta while the drinking is d'rabanun. The Pnei Yehoshua questions, how can the blessing be d'orayta and the drinking d'rabanun? If we follow the view that the bracha melds into Kiddush it becomes part of Kiddush d'orayta.
Halacha states, "Ein Kiddush eleh b'makom seudah." If one makes Kiddush without eating a meal afterwards it is considered a bracha l'vatala and one has not fulfilled one's obligation of Kiddush. The Navi in Yeshaya writes, "V'karasa l'Shabbat oneg," In the place that you call Shabbat, namely Kiddush, there your oneg should be.
Is Kiddush b'makom seudah a din of Kiddush or a din of oneg? The Rashbam brings two opinions. The first opinion holds that it's a din of oneg. Chazal wanted to create a situation where one would make Kiddush on the finest wine so they ruled that one should make Kiddush b'makom seudah. The second opinion says it's a halacha of Kiddush.
There's a disagreement between the Rabbeinu Yonah and the Rosh in Masechtos Pesachim and Rabbi Akiva Eiger in Shulchan Aruch whether din Kiddush b'makom seudah is a dorayta or d'rabbanun. If it's a din oneg then its d'rabanun, because seudat Shabbos is based on the verse in Navi. But if it's a din in Kiddush its d'orayta. The Rosh and Rav Akiva Eiger rule that it's d'orayta.
There's a discussion between the Gaonim and the Gra over what is considered a seudah (meal). The Gaonim held that anything that requires a M'ein Shalosh is fine, for example a piece of cake or a reviit of wine. The Gra ruled that a seudah requires bread. If Kiddush b'makom seudah is a din of oneg, one needs to be koveah seudah (establish the meal) by beginning with Kiddush and ending with Retzei in bentching. However the Gaonim who rule that Chazal established Kiddush b'makom seudah so that one should use good wine, hold that the meal does not require bread.
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