Halachos of Shabbos

Halachos of Shabbos23

Halachos of ShabbosAn Elucidation of the Positive Commandments of Shabbos

Yosef Brecher

Table of Contents

I Erev Shabbos Preparation3II Hadlokas Nairos4A. Reasons for Hadlaka4B. Time4C. Procedure5D. Who is obligated to Light?7E. Where to Light8F. A guest in Another’s Home8E. Electric Lights10III Hadlokas Nairos on Yom Tov12IV Shabbos Acceptance13A. Tosfos Shabbos13B. Maariv14C. Krias Shma15V Kiddush at Night16A. Basic Obligation16B. Who is obligated?17C. Time17D. Prohibition to Eat Before Kiddush18E. Covering the Bread18F. Filling the Cup of Wine19G. Drinking the Cup of Wine20H. Standing or Sitting21I. Type of Wine22J. Kiddush Be’mokom Seudah23K. Arvus - Exempting others in their Kiddush Obligation26VI Kiddush Shabbos Day26A. Basic Obligation26B. Who is obligated?26C. Time26D. Prohibition to Eat Before Kiddush26E. Covering the bread27F. Filling the Cup of Wine27G. Drinking the Cup of Wine27H. Standing or Sittting27I. Type of Wine27

Future Topics:

· Wine

· Bitzius Hapas

· Brachos during the meal, desert

· Mayim Achronim

· Benching - mezuman

· Seuda shelishis

· Havdala

I. Erev Shabbos Preparation

(1) It is proper for a person to wash his entire body with hot water on ערב שבת[footnoteRef:1] but there is no obligation to do so[footnoteRef:2]. Someone washing himself on ערב שבת should be very careful not to do so immediately before the onset of [footnoteRef:3]שבת as there can be possible חילול שבת involved in brushing and drying one’s hair. [1: ש''ע רס'-א'] [2: מ''ב רס' ס''ק א'] [3: שם]

(2) It is also proper for a person to shampoo his hair[footnoteRef:4] and cut it if it is too long[footnoteRef:5]. [4: ש''ע רס-א' ] [5: רמ''א רס'-א']

(3) One should also cut his nails on [footnoteRef:6]ערב שבת. [6: ש''ע רס'-א]

a) The מנהג is to be careful not to cut finger or toe nails on Thursday[footnoteRef:7]. [7: מ''ב רס'- ו' – Nails begin to sprout three days after they are cut. Consequently, if someone cuts his nails on Thursday new nails will begin to grow on Shabbos. This is considered to be a lack of respect for the Shabbos. ]

b) The Mishna Berura writes (רס'-ס''ק ו') that some are careful not to cut their toe and finger nails on the same day, preferring to cut their toe nails on Thursday night and finger nails on [footnoteRef:8]ערב שבת. [8: ש''ע רסא'-א' – This practice has its root in קבלה. ]

(4) After showering, one should get dressed in his Shabbos clothes[footnoteRef:9]. These clothes should preferably be special clothes that are nicer than the clothes he normally wears during the week[footnoteRef:10]. [9: רמ''א רס''ב-ג'] [10: ש''ע רסב'-ב']

(5) The table should be set for Shabbos early so that when the men return from davening everything will be ready to begin the סעודת שבת[footnoteRef:11]. [11: ש''ע רסב'- א']

(6) One should remind his wife, in a soft tone, to light the Shabbos candles.[footnoteRef:12] [12: ש''ע רסא'-ב']

II. Hadlokas NairosA. Reasons for Hadlaka

(1) There are three reasons given to explain the reason for Hadlakas Nairos:

a) כבוד שבת - Honoring Shabbos; it is an honor for the שבת to eat the meal in a room that has adequate lighting.[footnoteRef:13] [13:

רש''י שבת דף כה: ד''ה חובה – Rashi explains that it is considered an honor for Shabbos to eat the meal with an illumination that makes it feel “as if it is day.”]

b) עונג שבת - Shabbos Enjoyment; Shabbos is more enjoyable when the Shabbos meal has adequate lighting[footnoteRef:14]. [14: תוס' שבת דף כה: ד''ה הדלקת נר בשב חובה]

c) שלום בית - Domestic peace; members of the household will not stumble and argue in the darkness[footnoteRef:15] . [15: גמ' שבת כג:]

B. Time

(1) The מנהג is to light the נרות 18[footnoteRef:16] or 20[footnoteRef:17] minutes before שקיעה. [16: It is not clear, however, what the source for this מנהג is. There is a מצוה to add some time from the “mundane to the holy” (see Chapter II – A and the notes there). This is accomplished by accepting the Shabbos earlier than we have to; while it is still day time on Friday. There is a מחלוקת, though, when daytime ends and בין השמשות begins. The opinion of Rabeinu Tam is that בין השמשות begins 3 ¼ mil after sunset. The Shulchan Aruch (רסא'- ב') follows this opinion and as a result writes that one should accept Shabbos sometime after sunset but before 3 ¼ mil have passed. By doing so, he has accepted Shabbos before the onset of בין השמשות. The Vilna Gaon, however, argues on ר''ת and holds that בין השמשות begins immediately after sunset. The Biur Halacha (שם ד''ה יש אומרים שצריך וכו') explains that according to the Gaon, Shabbos should be accepted some time before sunset so as to accept Shabbos while it’s still day time. Indeed R’ Moshe Feinstein (או''ח ח''ב סי' ו') explains that this is the reason for our מנהג to accept Shabbos 18 minutes before sunset. There is another opinion, though, as to when the time of בין השמשות begins. The יראים writes that בין השמשות begins ¾ of a mil before sunset. According to this opinion it would be forbidden to do any מלאכה starting from well before שקיעה. Rabbi Yonansan Shtieff (שו''ת מהר''י שטייף סי' א') explains that this is the source of our practice to light the candles 18 minutes before שקיעה; we want to be careful that even according to the opinion of the יראים we are not doing any מלאכה on Shabbos.] [17: Rabbi Moshe Feinstein (אג''מ או''ח ח''א סי' צ''ו) brings this as the accepted מנהג “[in America] and in most places.” This מנהג, however, would seem to be more logical according to the understanding of R’ Shteiff in explaining our current מנהג (see note 16 above). If the reason we light 18 minutes before שקיעה is to accommodate the opinion of the יראים, as R’ Shtieff explains, then 18 minutes would constitute exactly 3/4 of a mil before שקיעה (assuming the most stringent view concerning the length of a mil – 24 minutes). Lighting the candles 18 minutes before שקיעה would therefore leave no extra time to fulfill the concept of adding from the “mundane to the holy”. It would seem that the מנהג to wait 20 minutes deals with this issue by adding 2 minutes from daytime to the Shabbos. If, however, the reason for our מנהג of 18 minutes is to accommodate the opinion of the Gaon, which is how R’ Moshe explains it, it is harder to see what is gained by waiting 20 minutes as opposed to 18.]

(2) If a woman wishes to accept Shabbos early she may light the Shabbos candles and accept Shabbos as early as plag hamincha.[footnoteRef:18] [18: רסג'-ד' (See later Chapter II – A) - The time for פלג המנחה is 1 ¼ “hours” before the end of the day. These “hours” are not 60 minute hours but rather 1/12 of the total minutes in a given day. The Mishna Berura (שם – ס''ק יט') writes that there is a disagreement as to what is considered a “day” for these purposes. The ש''ע holds that the day is from עלות השחר until צאת הכוכבים, while the גר''א holds that the day starts at נץ החמה and goes until שקיעה. See also Rama (רלג' – א').]

(3) A woman who is accepting Shabbos at its regular time, though, should not light the candles too much before שקיעה because by doing so she is making it unclear whether her candles are specifically for the honor of Shabbos or not.[footnoteRef:19] A woman who did, however, light candles earlier than she accepted Shabbos need did fulfill her mitzvah בדיעבד and need not light again[footnoteRef:20]. [19: ש''ע רסג'-ד' – When exactly is considered “too early” would be dependent on the מחלוקת as to when בין השמשות begins. According to all opinions, one should not light a significant amount of time before the beginning of בין השמשות. ] [20: מ''ב רס''ג ס''ק כ' ]

C. Procedure

(1) Although the mitzvah of Hadlaka can be fulfilled with only one candle, some have the מנהג to light two candles corresponding to זכור and [footnoteRef:21]שמור. Others are נוהג to light one candle for every member of the family[footnoteRef:22]. [21: ש''ע רסג'-א'] [22: This מנהג can be found in the ספר ליקוטי מהרי''ח. Rabbi Menashe Klien gives a possible explanation for this practice: The ש''ע writes that if a woman is negligent and forgot to light shabbos candles she must start an additional candle every week from then on. In earlier times, a woman who had given birth was in an extremely weakened state and often would miss lighting her Shabbos candles. This would in turn require her to light an additional candle every week from that point on. Eventually, the מנהג became to add a candle for every new birth, regardless of whether the newborns mother missed candle lighting or not. This explanation is problematic, though, because most would argue that only a woman who misses lighting because of her own negligence must add an additional candle. Surely a woman who has just given birth is not considered to be a transgressor but rather an אונס, or, someone who committed an עבירה for reasons that are beyond their control. ]

(3) If possible, women should be dressed in their Shabbos clothing when lighting the candles[footnoteRef:23]. The Mishna Berura warns, however, that if a woman is running late it is better that she light Shabbos candles on time, in her weekday clothes, rather than risk Shabbos desecration by lighting too late[footnoteRef:24]. [23: מ''ב רסב'-יא' ] [24: מ''ב שם ]

(4) There is a מנהג that a woman should give some charity before lighting her candles[footnoteRef:25]. [25: קיצור שולחן ערוך סי' עה' סעיף ב', בן איש חי שנה שני' ריש פרשת נח - The Ben Ish Chai writes that the time of lighting the candles is a time of atonement. He therefore suggests giving charity as an aid to achieve atonement.]

(5) Some are of the opinion that a woman should first make the ברכה[footnoteRef:26] on the Hadlaka and then light her candles[footnoteRef:27]. We follow a second opinion, however, that holds that if a woman would recite the ברכה first, the ברכה itself would be viewed as an acceptance of Shabbos, making her subsequent lighting of the candles into a forbidden act. A woman should therefore first light the candles and only then recite its blessing. Nevertheless, a woman should be careful not to have any benefit from the candles until after she has recited the blessing on them[footnoteRef:28]. It is for this reason that a woman should cover her eyes immediately after lighting the candles and leave them covered until after she has completed the blessing[footnoteRef:29]. [26: ש''ע רסג'-ה',''ברוך אתה ה' אלהנו מלך העולם אשר קדשנו במצותיו וצונו להדליק נר של שבת''] [27: רמ''א רסג'-ה' – This is due to the rule that ברכה should always be made "עובר לעשיעתן" or “before [the mitzvah] is done.”] [28: רמ''א רסג' – ה' – Even those of the opinion that a woman should first light the candles and only then recite a ברכה, still wish to accommodate the general rule that a ברכה is made עובר לעשיעתן. As a result, they explain that a woman should use her hands to shield either the candles, or, her eyes, until after the ברכה has been recited. By doing so, a woman is showing that she is not bringing these candles into her reality until after she has recited a ברכהon them. In this way, the ברכה can be viewed as having been recited before the candle lighting rather than after.] [29: שם ]

(5) Some therefore hold that a woman who clearly stipulates that she does not wish to accept Shabbos with the recitation of her ברכה should in fact recite the ברכה before lighting her candles[footnoteRef:30]. In addition, in the event that a man is lighting the candles, he should first recite the ברכה and then light the candles, because men generally do not accept Shabbos with the lighting of the candles but rather do so later in shul[footnoteRef:31]. Others, however, hold that in order to maintain one uniform practice in all cases, even one who is clearly not accepting Shabbos with his candle lighting should nevertheless first light the candles and only then recite the ברכה[footnoteRef:32]. [30: The Biur Halacha (רסג'-ה' ד''ה אחר ההדלקה) brings this as the opinion of Rabbi Akiva Eiger] [31: רמ''א רסג'- י' - The Rama writes that our custom is that when a woman lights her candles she is considered to have accepted Shabbos upon herself unless she stipulates otherwise. All other members of the house, however, are only considered to have accepted Shabbos later, with their recitation of "ברכו" in the beginning of Maariv (see chap. II-A3).] [32: The Biur Halacha ((רסג'-ה' ד''ה אחר ההדלקה brings this as the opinion of the Divrei Chaim.]

(6) After lighting her candles, a woman should gaze at them and pray that Hashem grant her sons that will shine and excel in Torah learning[footnoteRef:33]. [33: מ''ב רסג' – ס''ק ב' - The פסוק writes "כי נר מצוה ותורה אור", our Chazal understood this as a reference to the connection between Torah and lighting Shabbos candles, “By way of the candle of Shabbos will come the light of the Torah.”]

D. Who is obligated to Light?

(1) Every adult member of כלל ישראל is obligated to light the Shabbos candles[footnoteRef:34]. If a person is a member of a household, however, he can fulfill his obligation by relying on the candle lighting of any one member of that household[footnoteRef:35]. [34: ש''ע רסג' – ב'] [35: שמירת שבת כהלכתו בשם שולחן הרב סי' רסג' סעיף טו']

(2) Aside from the individual obligation to light candles (that can be discharged through the lighting of any member of one’s household), there is also an obligation that any room that is to be used on Shabbos must have proper illumination[footnoteRef:36]. If one has multiple rooms that require such illumination, he does not recite a ברכה on each room that lights with candles but rather recites only one ברכה on all of the rooms together[footnoteRef:37]. [36: ביאור הלכה רס''ג – ו' ד''ה בחורים כו' – The Biur Halacha explains that aside from the individual mitzvah to light candles in honor of the Shabbos, there is also a mitzvah to keep the rooms of one’s house illuminated so as to promote שלום בית, or, domestic tranquility. Even if one is lighting candles solely for the purpose of שלום בית (i.e. the woman of the house has already fulfilled his obligation to light candles for the honor of Shabbos) this lighting still requires a ברכה. If one is lighting candles to illuminate a room in his home, though, then he can rely on the ברכה that his wife made when she lit the candles for the “honor of Shabbos”.] [37: ביאור הלכה שם]

(3) Although both men and women must have Shabbos candles lit in their home, the מצוה to light was especially placed on the woman of the house[footnoteRef:38]. [38: ש''ע רסג'-ג' – The באר היטב quotes the opinion that although the woman lights the candles it is proper for the man to prepare them. There are two reasons given to explain why this mitzvah especially pertains to women. (1) Since women generally look after household matters, the mitzvah of lighting shabbos candles in the house was placed specifically on them. (2) The Midrash tells us that Adam was “the light of the world.” When Chava persuaded him to sin she was therefore extinguishing this light. The women were given the mitzvah of lighting the house for Shabbos to atone for the light that Chava extinguished.]

E. Where to Light

(1) One should preferably light in the place where the Shabbos meal is taking place[footnoteRef:39]. [39: רמ''א רסג'- י', וכל איתא במשנה ברורה רס''ג ס''ק לט' בשם המגן אברהם - The reason for this seems to be because when the candles illuminate the shabbos meal both reasons of נר שבת (see earlier Chap. II-A) are being accomplished - “honoring Shabbos” by eating with the candles, and “שלום בית” by giving light to a place that requires it. ]

(2) If someone cannot light in the room where the Shabbos meal is taking place (i.e. the meal is taking place on the outdoor patio), then he can recite a ברכה by lighting a candle that is giving light to a place that needs it.[footnoteRef:40] One who is doing this should be sure that there is enough oil in this candle to last until after the meal is over, so that he can return to use the room that contains the candles[footnoteRef:41]. [40: Although these candles are not increasing the “honor of Shabbos” (because they are not candles that are enabling him to eat his meal in day-like illumination), they are nevertheless fulfilling the concept of שלום בית. ] [41: ש''ע רסג' סיעף ט' – The Shulchan Aruch writes that if he does not make is back to his house and benefit from the lights then he has made a ברכה לבטלה on the candle lighting. This is because the candles did not serve any purpose; they did not add to the “honor of Shabbos” (the Shabbos meal was not made lighter by these candles), and they did not illuminate any rooms that needed light (which would have been a fulfillment of the concept of שלום בית).]

F. A guest in Another’s Home

(1) A person who is a temporary guest in another’s home and is married (or, lives full-time at his parent’s home), can fulfill his personal obligation to light Shabbos candles by relying on the candles lighting that his wife/mother is preforming at her home – even though he is currently a guest in another home[footnoteRef:42]. [42: רסג'- ו' ובמ''ב ס''ק כח, וע''ש בביאור הלכה ד''ה בחורים – Although the halacha only speaks specifically about a husband being יוצא together with his wife, the Shmiras Shabbos Kehilchaso (פרק מה'-ג' ס''ק יב') writes that the same would apply to a children that are still leaving at their mother’s house.]

(2) If a person’s host has given him a private room that requires illumination in order to be used on Shabbos, then it is the guest’s obligation to light candles in that room[footnoteRef:43]. Even someone who is married, and has a wife lighting for him at home, is still obligated to recite a ברכה when he lights[footnoteRef:44]. [43: ביאור הלכה רס''ג – ו' ד''ה בחורים כו – see note 35 above.] [44: ביאור הלכה שם- Since he is not in the same house as his wife he cannot rely on her ברכה.]

(3) Someone who is away for the entire Shabbos, does not have his own living quarters that require illumination[footnoteRef:45] and is not married, should fulfill his mitzvah to light together with his host. If he is eating together with his host than he can be considered a temporary member of that household and fulfill his mitzvah with that household (just as a husband fulfills his obligation together with his wife)[footnoteRef:46]. If he is eating separately from the host, however, he is not considered to be a temporary a member of the household and should therefore make himself a partner in the candle lighting of his host. This is accomplished by either buying part ownership of the candles from the host,[footnoteRef:47] or, by accepting part ownership of the candles as a present from the host.[footnoteRef:48] [45: In truth this scenario is not very common today; virtually all guests are given their own, private bedroom. Nevertheless, this halacha would still be relevant, if, for instance, the host is not comfortable with a guest lighting candles in a bedroom. In such a situation, a guest must be sure to exempt himself from the obligation to light candles in his private room by turning on any electric lights that are needed in order to allow him to use his room comfortably over shabbos. (See below E-1 about whether one can fulfill his obligation to light Shabbos candles using the electric lights themselves.)] [46: שמירת שבת כהלכתו בשם שו''ע הרב סי' רס''ג סוסע' ט', ובקצוה''ש סי' עד', ועיין עוד במשנה ברורה רס''ג ס''ק לג' – The Shmiras Shabbos Kehelchaso explains that although regarding the mitzvah of menorah we do not consider a temporary guest as a member of his host’s household, by נר שבת we do consider him to be part of that household and he can therefore fulfill his obligation together with the host.] [47: ש''ע רסג' – ז' ] [48: מ''ב רסג' – ס''ק לד' ]

(4) The מנהג is, however, that many women, who generally lights their own candles when they are in their own home, do so even when they are away at another’s[footnoteRef:49]. A woman practicing this way, however, can only recite a ברכה if her candles are increasing the amount of light in the place where the meal is taking place[footnoteRef:50], or, if they are illuminating a room that would otherwise have been dark[footnoteRef:51]. Therefore, a woman who is lighting her candles in a dining room together with other woman (i.e. at a simcha) should preferably not recite her own bracha, but rather rely on the bracha of the host (or the first woman who lights her candles there)[footnoteRef:52]. [49: כתב ר' שמחה קאהן (בספר כבוד ועונג שבת) שכן שמע מר' משה פיינשטיין, וגם כתב כן ר' משה שטרנבלוך בקובץ עולם התורה, ובספר נזר ישראל ליקוטי רימ''א סי' מ''ה סוף ח''א ] [50: In this case, her lighting is increasing the honor of Shabbos by illuminating the meal more than it would be without her candles being there. See note 51.] [51: In this case, her candles are fulfilling the concept of שלום בית by lighting a room that needed illumination. See note 51.] [52: The Shulchan Aruch writes (רסג' – ח') that if there are woman from multiple households eating together in one room some hold that each woman can light their own candles in the room, while others argue and hold only one woman can light he Shabbos candles in the room. The Rama (שם) writes that our מנהג follows the first opinion that every woman in the room can light her own candles. The Mishna Berura (שם ס''ק לה') explains that the reason for this is because as a result of their being light “in every corner [of the house]” there will be שלום בית and שמחה in the house. The Mishna Berura seems to be saying that two candles can provide enough light to render a room useable; they do not, however, fully illuminate it. As a result more than one woman can light Shabbos candles in the dining room - each additional candle creates more light in the room and thereby adds to the “honor” of the Shabbos. Indeed, the Shl”a (הובא במ''ב רסג' – ס''ק לז') writes that Rama (who allows multiple woman to light in the same room) is referring only to when each woman is lighting a separate candelabra in a separate area of the room - thereby adding light to that area. If, however, there is only a single candelabra being lit, then only one woman can light her Shabbos candles in the room. Clearly, the Shl”a feels that a woman can only light Shabbos candles if there will be a perceivable addition of light as a result of her lighting. The Mishan Berura, though, brings the Elya Raba (רסג' – ח' ס''ק יח') who argues on the Shl”a and holds that multiple woman can light the same candelabra despite their lack of contribution to the illumination of the room. He brings a proof to this from the מהרי''ל (שו''ת סימן נ''ג) who writes that on יום טוב candles can be lit in the בית הכנסת even though candles are considered ineffective during the day (שרגא בטיהרא מאי מהני''"). The Elya Raba explains that although it seems completely light, nevertheless all additional light is considered an increased benefit. It would seem that according to the Elya Raba, a woman in a public dining room can in fact light her candles together with other women (and recite a ברכה) even though the light that her candles are adding to the dining room is unperceivable. According to the Shl”a, however, a woman in this situation cannot recite a bracha on her candles as she is not noticeably increasing the light in the room. See also the Mishna Berura ( סימן רס''ג – ס''ק מה') who seems to rule like the Shl”a that a woman should not light her candles in a public dining room unless she is lighting in her own separate area that does not already have candles lit in it. The מנהג, however, seems to be that multiple women can recite a ברכה and light their candles together in a single dining room and this is the common practice in hotels and simcha halls. It is not clear though, what the justification for this מנהג is. The following are a few possible rationalizations: (1) it is based on the above opinion of the Elya Raba that a ברכה can be recited on an unperceived increase in light. (2) it is based on the concept of Rav Shlomo Zalman Aurbach (brought below in note 56) who explains that even if one cannot fulfill the mitzvah of candle lighting by adding unperceivable light to a room, one can still fulfill the mitzvah of candles lighting in a room that is already lit with electricity. This is because candles lit by the table symbolically create an “honor” for Shabbos even when their light is not necessary. (It is not clear, though, whether this is a sufficient justification for lighting in a public dining room. One can argue that only the first two candles that are lit in a room create this “honor” for Shabbos; all additional candles, however, produce no additional honor. If this is the case, lighting more than one candelabrum in a room that has sufficient light would not constitute a fulfillment of the mitzvah to light Shabbos candles. (3) the Shmiras Shabbos Kehilchaso (פרק מה' אות ו' הערה לב') brings another possible explanation: Since Jewish women have accepted to light Shabbos candles at the סעודת שבת every week, the continuation of this מנהג is itself gives satisfaction to a woman. Even a woman whose candles are not perceivably increasing the light in a room, can nevertheless light them because by doing she is increasing the satisfaction and happiness that she has on Shabbos; this alone is considered to be an honor for shabbos. Although, as we mentioned before, the מנהג seems to be to recite a bracha in a public dining room, we have written, that as a precaution, a woman lighting in this situation should preferably not recite her own bracha, but rather rely on another’s bracha. ]

(5) Someone who is eating out for the Friday night meal but is sleeping at home, should light Shabbos candles in their own home, where they are sleeping. Someone doing this, however, should ensure that the candles will still be lit when he returns home to sleep so that he can benefit from the candles.[footnoteRef:53] [53: כן כתב ר' שמחה קאהן בספר כבוד ועונג שבת בשם ר' משה פיינשטיין, ע''ש עמוד יא' ציון 23]

E. Electric Lights

(1) There are differing opinions as to whether someone is able fulfill the mitzvah of הדלקת נרות using electric lights[footnoteRef:54]. For that reason, one should only use electric candles for הדלקת נרות if he has no other choice (i.e. he is staying in a place where lighting a fire is not allowed).[footnoteRef:55] [54: הובא בפסקי תשובות סימן רס''ד - Many are of the opinion that electric lights can be used to fulfill the mitzvah of הדלקת נרות because they accomplish the primary purposes of the mitzvah: they illuminate the entire house including the place where the meal is taking place. Others, however, feel that electric lights are different than candles because they require a continuous flow of electricity to remain on (as opposed to candles that once lit require no additional maintenance to keep them burning). As a result, the ברכה of “to light the candle of Shabbos” cannot be recited. ] [55: ספר תשובות והנהגות או''ח חלק ב' סימן קנו' ]

(2) Electricity has posed a problem for the mitzvah of הדלקת נרות: Lighting candles in order to create light at the Shabbos meal (or in any room that requires light) seems unnecessary; the house already has adequate lighting from the electric lights. For what reason then, do we still light Shabbos candles? Indeed, Rabbi Moshe Shturnboch writes[footnoteRef:56] that when lighting the Shabbos candles a woman should first turn off the lights in the room in which she is lighting her candles. She should then turn back on the lights, having in mind that she is doing so לכבוד שבת. Next, she should light her Shabbos candles. Finally, she should recite the ברכה with the intention that it is applying to both the electric lights she has turned on, and, to the candles she has lit[footnoteRef:57]. [56: ספר תשובות והנהגות או''ח חלק ב' סימן קנז' ] [57: Seeספר תשובות והנהגות או''ח חלק ה' in which Rabbi Moshe Shternboch clarifies that he holds one should not turn back on the lights before lighting the candles because by doing so he is rendering the candles completely unnecessary. Rather the הדלקת נרות should be performed in the following order: Extinguish the lights in the room, light the Shabbos candles, turn back on the lights in the room, and finally recite the ברכה.]

(3) The מנהג is that women light Shabbos candles even without turning off the lights beforehand. Many פסקים use various approaches to try and defend this מנהג[footnoteRef:58]. [58: The following are some of the approaches given: (1) See note 51 above in which we bring a disagreement between the Shl”a and Elya Raba as to whether a woman can fulfill her mitzvah by lighting candles that are adding unperceivable light to the room. It would seem that the issue we are now raising would only be problematic according to the Shl”a who maintains that the Shabbos candles must result in a perceivable increase in light. According to the Elya Raba, however, there would presumably be no issue. Although the room does seem to be adequately lit by the electric lighting, nevertheless one can still light the Shabbos candles as they do result in a small, albeit unperceivable, increase in light. (2) Another approach is suggested by Rabbi Moshe Feinstein (אג''מ ח''ה סי' כ' אות ל') who writes that perhaps the Shabbos candles are necessary even when the house is already illuminated with electric candles because of the possibility of an electrical outage. In such an instance, the candles would be the only source of light for the house. Although this possibility would normally not be enough to establish a mitzvah of candle lighting for Shabbos, it is a strong enough reason to maintain the practice that has already been established. (3) The Shmiras Shabbos Kehilchaso (פמ''ג הע' קע''א ותיקונים ומלואים שם) brings another approach from Rabbi Shlomo Zalman Aurbach. Rabbi Aurbach explains that perhaps since חז''ל established a mitzvah to light Shabbos candles, these candles have become a symbol for כבוד שבת; everyone who sees them can instantly recognize their purpose. As a result, although the candles are not causing כבוד שבת by adding actual light to the room, they still fulfill their purpose of כבוד שבת just by the honor and happiness that they cause by their very presence (see, however, the Be’air Moshe (ח''ה סימן קיד' ס''ק ז') who quotes a similar opinion and argues strongly against it). (4) See note 49 above in which we bring the explanation of the Shmiras Shabbos Kehilchaso in why multiple woman can light their candles in one room even though they are not all increasing the light in the room. He uses that same reasoning to explain how a woman can light her candles in a room that is already well lit by electricity (see שם פרק מג' אות לד' הערה קעא'). (5) “The Radiance of Shabbos” quotes the sefer פני שבת as bringing another approach from the Klausenberger Rebbe. He explained that we light candles to give honor to Shabbos just as we light candles if an important person visits our home. This gesture can be accomplished even if the candles that are lit do not actually add light to the room. See also the S’mag (מ''ע ל') who writes (regarding the mitzvah to light Shabbos candles) that “lighting beautiful candles are the main honor [for Shabbos].” Perhaps these words of the S’mag can be interpreted as a support for the approach of the Klausenberger Rebbe. See also the Yerayim (סימן תכ''ט). ]

III. Hadlokas Nairos on Yom Tov

(1) In addition to the mitzvah to light candles on Erev Shabbos, there is also a mitzvah to light candles on Erev Yom Tov[footnoteRef:59]. [59: ש''ע רסג' – ה, ש''ע תקיד' – יא' ]

)2) While on Erev Shabbos the מנהג is light the candles first and only then recite the ברכה, on Yom Tov some argue and hold a woman should first recite the ברכה and then light the candles[footnoteRef:60]. [60: This argument is attributed to the wife of the author of the Drisha and Prisha. Her opinion was related to us by her son in his introduction to the Tur (הקדמת בן המחבר פרישה ודרישה, נמצא בריש יורה דעה חלק א'). Her reasoning is as follows: As we explained above (II-C-5 and note 28), our מנהג is that a woman should not recite a ברכה before lighting the Shabbos candles because by doing so she is accepting Shabbos upon herself and forbidding her subsequent candles lighting. On Yom Tov, however, accepting Yom Tov before candle lighting does not present an issue: it is permissible to light a candle (לצורך יום טוב) on Yom Tov. A woman should therefore first recite the blessing of "להדליק נר של יום טוב'' and then light the Yom Tov candles (as is the proper order according to the general rule that a ברכה is recited עובר לעשייתן). The Magen Avrohom (רסג' – ס''ק יב'), however, brings this opinion and argues that although the reasoning of the Drisha’s wife may be correct in regards to Yom Tov, it is not proper for us to have a different procedure for candles lighting of Shabbos and Yom Tov. Since the ברכה for candle lighting on Shabbos must be recited only after the lighting, the same should be done regarding the Yom Tov lighting. He brings two proofs to this idea: (1) The Shulchan Aruch (קנח' – יא') writes that although under normal circumstances one should recite the ברכה of ''על נטילת ידים'' before one washes his hands, the מנהג is to recite the ברכה only after washing them. This is because sometimes a person washes his hands because they are truly soiled. In such a case, that person is unfit to recite a ברכה before his hands are cleaned. We therefore are נוהג that one who is washing hands that are not soiled should first wash his hands and only then recite the ברכה. The Magen Avrohom points out that instead of singling out the case of a person with soiled hands as an exception to the general practice of נטילת ידים, we choose to apply one uniform rule to all cases pertaining to all case of reciting a ברכה on נטילת ידים. (2) The second proof the Magen Avrohom brings to this concept is from Tosfos (פסחים דף ז: ד''ה על הטבילה) who writes that it is okay for a woman to first immerse in the mikvah and only then recite a ברכה on that immersion. The reason for this is because since a person preforming a טבילה in order to convert to Judaism must first immerse in the mikvah and only then can he recite the ברכה (before he immerses in the mikvah he is not a Jew and therefore cannot recite a ברכה), the same order can apply to a woman and her immersion in the mikvah. Once again, we see that as opposed to rendering the conversion case as an exception to the general practice of reciting the ברכה before the immersion, we instead choose to enact a uniform rule by all cases of reciting a ברכה on immersion. Based on these proofs, the Magen Avrohom argues on the Drisha’s wife and holds that even on Yom Tov a woman should first light the candles and then recite the ברכה. The Dagul Meiruvava (שם), however, defends the opinion of the Drisha’s wife. The proofs that the Magen Avrohom brings, he argues, are not comparable to our case. By נטילת ידים it is logical to have the same procedure for the ברכה that is recited in a case where the washer’s hands and when they are clean. This is because in both these cases the same exact ברכה is recited. It is logical that the same procedure should apply to the ברכה that is recited before the immersion of a convert and that of a woman; in both cases the same exact ברכה is recited. In our case, however, the wording to the ברכה that we recite on lighting candles for Shabbos is different than that of Yom Tov. It is therefore entirely plausible, the Dagul Meiruvava explains, to enact a different procedure for these two different ברכות. (He further asks that according to the reasoning of the Magen Avrohom that we do not differentiate between the procedure of lighting candles for Shabbos and Yom Tov, despite the difference in their ברכות, the same procedure should apply to all candle lighting – even that of Chanuka. Since this is certainly not the case, he writes, it is clear the Magen Avrohom’s logic is flawed.) The Dagul Meiruvava ends by saying that the הלכה should be in accordance with the Drisha’s wife whose “heart carries wisdom”. See also the Chayai Adam (הל' שבת כלל ה' סיעף יא') who writes that on Yom Tov it is his opinion that every man should instruct his wife to first recite a ברכה and then light the candles. ]

IV. Shabbos Acceptance A. Tosfos Shabbos

(1) One can accept Shabbos upon himself Friday afternoon before nightfall[footnoteRef:61]. The earliest time a person can accept Shabbos is plag hamincha[footnoteRef:62]. [61: ש''ע או''ח רסז' – ב' - The Gemara (ראש השנה דף ט.) derives this concept from Yom Kippur. The Torah first writes (ויקרא כג’-כז') “But on the tenth day of this month it is the Day of Atonement; etc.” and then writes (שם פסוק לב’) “It is a day of complete rest for you and you shall afflict yourselves; on the ninth of the month in the evening etc”. The Gemara reconciles these two verses by explaining that there is mitzvah to “add from the mundane to the holy”; Yom Kippur actually should start in the afternoon of the ninth day a short time before nightfall. Additionally, the Gemara there learns from the word “תשביתו” that this concept applies to Shabbos as well. Not all agree, however, that the concept of Tosfos Shabbos is actually מן התורה. The Maggid Mishna (הל' שביתות עשור פ''א ה''ו) explains that the opinion of the Rambam there is that the concept of Tosfos Shabbos applies only to Yom Kippur and not to the weekly Shabbos. On a regular Shabbos, he maintains, the Rambam held that there is only a Rabbinic concept of Tosfos Shabbos. See also the Kesef Mishna (הל' שבת פ''א ה''ג) who goes even further, explaining that according to the Rambam there is no concept of Tosfos shabbos at all on a weekly Shabbos; not even מדרבנן. ] [62: שם – The Tur (או''ח רסז') bases this Halacha on the opinion of Tosfos (ברכות דף כז. ד''ה דרב צלי של שבת בערב שבת). The gemara there writes “רב צלי של שבת בערב שבת”, “Rav would daven [maariv] of Shabbos on Erev Shabbos”. The gemara seems to understand this statement to mean that Rav would daven maariv as early as plag hamincha (the gemara suggests that by davening early Rav was acting in accordance with the opinion of Rav Yehuda who holds that the night begins after plag hamincha). Tosfos is bothered: The gemara (שבת דף כג:) says that one cannot light Shabbos candles earlier than a short time before night fall. If Rav would daven maariv as early as plag hamincha, when would he light the Shabbos candles? Tosfos answers that the gemara only says that one cannot light candles earlier in a case where he is not accepting Shabbos until night fall. If, however, someone wishes to accept Shabbos earlier he can then light his Shabbos candles earlier – right before he accepts the Shabbos. It seems clear from this Tosfos that one can accept Shabbos as early as plag hamincha. See also Rosh (שם פרק ד' סימן ו') who clearly writes, “Rav would daven [maariv] of Shabbos on Erev Shabbos – from plag hamincha…and he would light his [Shabbos] candles before he would daven, and would accept Shabbos while it was still daytime”.]

(2) Plag hamincha is 1 ¼ hours before the end of the day[footnoteRef:63]. [63: רמ''א רלג' – א' – See above note 18 ]

(3) If a woman does not accept Shabbos early, she is considered to have accepted Shabbos at the time of her lighting[footnoteRef:64]. [64: רמ''א רס''ג – י' ]

(4) A woman can stipulate, even in her mind, that she does not wish to accept Shabbos with her candle lighting, but rather later with the actual onset of Shabbos[footnoteRef:65]. A woman should only stipulate this, however, if there is an [important] need to do so[footnoteRef:66]. [65: רמ''א רס''ג – י' ] [66: מ''ב רס''ג ס''ק מד' - It is not clear, though, what constitutes “an [important] need”. The Mishna Berura (שם ס''ק כא') brings two examples of situations that would justify a woman’s stipulating not to accept Shabbos with her lighting: (1) A woman who is getting married Friday night after nightfall and is nervous that she may need to do some last minute preparations right before Shabbos – after she has lit the candles. In this case she may stipulate that she does not want to accept Shabbos until actual nightfall. (2) A woman who has to go to the Mikvah Friday evening may stipulate that she is not accepting Shabbos until after she is completely finished her טבילה. See also Titz Eliezer (חלק י' סימן יט') who writes that a woman who wishes to light candles and then take a taxi to the כותל מערבי may do so because the spiritual gain of accepting Shabbos at the כותל is enough to be considered an important need. The Shmiras Shabbos Kehilchaso (פרק מג' הערה קלז') writes that he heard from Rabbi Shlomo Zalman Aurbach that going to the כותל Friday night is in fact not considered an important enough reason for a woman to not accept Shabbos with her canddle lighting. ]

(5) A man who does not accept Shabbos early, however, is considered to have accepted shabbos when he recites מזמור שיר"” before maariv[footnoteRef:67]. [67: ש''ע רסא' – ד' – See also the Mishna Berura (שם ס''ק לא') who brings the opinion of the Derech Chuchma that today that the מנהג is to recite לכה דודי Friday night, one is considered to have accepted Shabbos with the words “באוי כלה באוי כלה” that appear at the end of לכה דודי. ]

B. Maariv

(1) The מנהג is that on Friday night maariv is davened earlier than it is davened during the week; even someone who normally davens maariv only after nightfall may daven maariv Friday night any time after plag hamincha[footnoteRef:68]. [68: ש''ע רסז' – ב'- There is a מחלקת in the Mishna (ברכות דף כו.) as to until what time can one daven mincha. The Rabanan hold it can be davened “until the evening”, and Rabbi Yehuda holds that it can be davened “until plag hamincha”. The gemara (שם כו: , כז.) also makes it clear that all agree that the time to daven maariv immediately follows the time to daven maariv. This is made evident by the gemara’s suggestion that Rav davened maariv before nightfall because he agreed with the opinion of Rabbi Yehuda. Apparently, because Rabbi Yehuda holds that the time for mincha ends at plag hamincha, it therefore follows that the time for maariv begins immediately thereafter – before nightfall. After failing to decide on the superiority of one opinion over the other, the Gemara ends off proclaiming, “[one] who does like [Rabbi Yehuda] can do so, and [one] who does like [the Rabanan] can do so”. This means that one can choose one of two options: (1) Follow Rabbi Yehuda – daven mincha before plag mincha and maariv after plag hamincha. (2) Follow the Rabanan – daven mincha up until nightfall and maariv after nightfall. The Shulchan Aruch is telling us that even someone who has the מנהג to generally follow the opinion of the Rabanan and daven maariv only after nightfall can choose to follow the opinion of Rabbi Yehuda on Friday night. The Mishna Berura (רסז' – ס''ק ב') explains that the reason for this halacha is that since our מנהג is to accept Shabbos with the recitation of “ברכו” in the beginning of maariv, we daven maariv earlier so that we will accept Shabbos earlier (at least before the onset of בין השמשות but sometimes as early as immediately following plag hamincha).]

(2) Preferably, one who is davening maariv before nightfall on Friday night should be careful to daven mincha before plag hamincha[footnoteRef:69]. If he cannot do so, he should at least try to daven maariv after the onset of [footnoteRef:70]בין השמשות. [69: מ''ב רסז' – ס''ק ג' - As we explained in the previous note, there are there are two opinions as to when the zman for mincha ends and the time for maariv begins: : (1) Rabbi Yehuda – one can daven mincha until plag mincha and maariv any time after plag hamincha. (2) Rabanan – one can daven mincha up until nightfall and maariv after nightמחfall. The halacha is that one can choose to follow either opinion – completely. The Mishna Berura therefore warns that someone who is davening maariv before nightfall on Friday night, in accordance with the opinion of Rabbi Yehuda, cannot also daven mincha after plag hamincha, in accordance with the opinion of the Rabanan. Doing so, would constitute performing “תרתי דסתרי”, or, “two [things] that contradict [each other]”. Rather, one davening maariv before plag hamincha must also be careful to daven mincha before plag hamincha so that he is completely in line with the opinion of Rabbi Yehuda. See also Tosfos (ברכות דף ב. ד''ה מאימתי קורין) and Shulchan Aruch (סימן רלג' –א') who also write that one should avoid “תרתי דסתרי”. ] [70: שם - At least during this time is not definitely night – even according to the Rabanan. (See the Biur Halacha –ובפלג וכו' שם ד''ה.)]

(3) Agreeing that it is surely not ideal, there are those that defend the practice of davening mincha after plag hamincha and maariv before nightfall[footnoteRef:71]. [71: שם - The Mishna Berura (רסז' – ס''ק ג) alludes to the opinion of the Magen Avrohom (רלג' – ס''ק ז') who holds that the מנהג is be מיקל and daven mincha after plag hamincha and maariv after nightfall because “it is difficult to gather the people twice”. See also the Bais Yosef (סימן רלג') who also writes that today the מנהג is to be מיקל in this matter. He adds that perhaps we can rely on the Rosh (ברכות סימן א') who writes that one can daven maariv before nightfall (even if he has davened mincha late) “because for davening we are מיקל”. See also Biur Halacha (רסז' – ב' ד''ה ובפלג)]

C. Krias Shma

(1) One who davens maariv before nightfall on Friday night should repeat it later that night[footnoteRef:72]. [72: ביאור הלכה (רסז' –ב' ד''ה ובפלג וכו') – The Biur Halacha quotes the Shulchan Aruch (סימן רלה' – א') who writes that one who recites shma while before nightfall must repeat it later that night. In truth this is a matter of dispute: The Mishna (ברכות ב.) writes “from when do we recite the shma – from when the kohanim enter to eat their Terumah”. The Gemara there explains that this is referring to the time of צאת הכוכבים, or, nightfall. Based on this Mishna, however, Rashi (שם ד''ה עד סוף האשמורה וכו') is bothered with what had become the common practice of his time. The מנהג was to daven maariv before צאת הכוכבים (in accordance with the opinion of Rabbi Yehuda, see note 64 and 64 above), but if shma must be recited after nightfall, Rashi asks, how can we daven maariv, and thus shma, before nightfall? Rashi answers that when maariv is recited before nightfall the shma that is recited at that time does not satisfy the mitzvah of קריאת שמע של ערבית but rather is just a part of the maariv service. As a result, one who davens early must then repeat krias shma later that night on order to properly fulfill the mitzvah of reciting shma at night. Tosfos (שם ד''ה מאימתי קורין וכו'), however, argues on this Rashi. Tosfos finds it difficult to assume that the krias shma recited at shul is not a fulfillment of the mitzvah of shma and therefore brings two approaches as to how this shma can fulfill the mitzvah even though it was recited before nightfall: (1) Rabeinu Tam explains that we can fulfill the mitzvah of shma even before nightfall by relying on the opinion of Rabbi Yehuda (cited above note 64, 65). Rabbi Yehuda holds that the time to daven maariv, and thus the time considered in halacha to be night, begins immediately after plag hamincha. As a result one who recites shma at this time can be considered to have fulfilled the mitzvah of reciting shma at night, albeit only according to Rabbi Yehuda. (2) Rabeinu Yitzchok is bothered by the approach of Rabeinu Tam because the מנהג of the time was to daven mincha after plag hamincha and maariv before. As we explained above (note 65) this represenringsts a “תרתי דסתרי” – following to contradictory halachic opinions at once. Even if this can be justified for the sake of davening maariv with a minyan (see above note 66), Rabeinu Yitzchok seems to feel we cannot rely on a “תרתי דסתרי” to fulfill the mitzvah of shma which is מדאורייתא. He therefore explains that our מנהג is to rely on the other opinions (brought by the gemara ברכות ב.,ב:) who hold that the zman for shma actually begins earlier than nightfall. Interestingly, the ruling of the Shulchan Aruch is actually not exactly in line with any of the above opinions. While he definitely does not hold like Tosfos and consider the Krias Shma recited before night to be a valid fulfillment of his obligation, he also does not completely agree with the opinion of Rashi who holds that one who davens early can rely on the Shma that he will recite before going to sleep (קריאת שמע על המיטה). He instead writes that one who davens early should repeat Krias Shma as soon as the zman arrives. Indeed, the Taz (רלה' – אות ב') expresses this very question on the ruling of the Shulchan Aruch and writes that, in his opinion, one can certainly fully rely on the opinion of Rashi (and wait to fulfill the obligation of Krias Shma with his recitation of קריאת שמע על המטה). ]

(2) Preferably, one should not begin his meal within a half hour of the zman for Krias Shma (nightfall)[footnoteRef:73]. [73: מ''ב רסז' – ס''ק ו' - See, however, the Mishna Berura earlier (רלה' – ס''ק יט') that brings the opinion of the “Achronim” who hold that if one davened Maariv early there is no prohibition for him to begin a meal within a half hour of nightfall. This would seem to contradict his ruling later (רסז' – ס''ק ו') in regards to Friday night? The Sharei Tzion (רלה' – אות כד') asks this apparent contradiction and references his words later (שערי ציון רסז' – אות יא'). There he explains that there is a difference between the weekday and Friday night. If someone regularly davens Maariv early even during the week, he is showing that he is relying on the opinion of Rabbi Yehuda (see above note 72). For such a person, it is not as important that he repeat Shma immediately after nightfall as he very well may have fulfilled his obligation already during Maariv. It is in regards to such a person that the Mishna Berura writes (רלה'-יט') that one who davened Maariv already can eat a meal within a half hour of nightfall. Someone who normally davens Maariv after nightfall, however, and is only davening early Friday night because he wishes to accept Shabbos early (see above IV – B and note there), is in a different category. He is someone that normally holds like the opinion of the Rabanan that Maariv can only be davened after nightfall. As a result, even though he is being lenient in regards to his Maariv, this same leniency does not apply to the Krias Shma. It is regards to this person that the Mishna Berura writes (רסז'-ו') that one who davens Maariv early should not begin a meal within a half hour of nightfall lest he forget to repeat Shma.]

V. Kiddush at NightA. Basic Obligation

(1) There is a מצות עשה to sanctify the onset of Shabbos with Kiddush[footnoteRef:74]. This Kiddush should include a reference to .יציאת מצרים[footnoteRef:75] [74: רמב''ם הל' שבת כט' – א' ומקורו הוא מגמ' פסחים קו. ''זכור את יום השבת לקדשו זוכרהו על היין'', וע''ע בגמ' ברכות כ:] [75: גמ' פסחים קיז: - The טור writes this הלכה and wonders what is the connection between Shabbos and יציאת מצרים. He brings the Ramban (ע' רמב''ן דברים ה' – טו') that explains that Shabbos and יציאת מצרים are related because they both testify to the existence of the creator. See Rambam (הל' שבת כט'-ב') who brings the exact format of Kiddush. As to where this exact format, which does not appear in the גמ', originates from, see the Magid Mishna (שם) who simply says this format “is [well] known”. ]

(2) There is a mitzvah to recite the Kiddush over a cup of wine[footnoteRef:76]. [76: The Rambam (הל' שבת פכ''ט) and Tosfos (פסחים קו. ד''ה זוכרהו) both write that the mitzvah to recite Kiddush over wine is a mitzvah מדרבנן. The Rambam explains that the mitzvah מדאורייתא can be fulfilled just by mentioning how great and holy the day of Shabbos is. Based on these opinions, the Magen Avrohom (או''ח סימן רעא' – א') explains that the “Kiddush” that one recites during davening on Friday night is sufficient to fulfill the mitzvah דאורייתא of Kiddush. As a result, if someone already davened maariv Friday night, and finds himself unsure as to whether he has fulfilled the mitzvah to recite Kiddush on wine or not, he can follow the rule of "ספק דרבנן להקל" and should not recite the Kiddush again. The Mishna Berura (רעא' – ס''ק ב') and Biur Halacha (שם ד''ה מיד), however, take issue with this ruling for several reasons: (1) The Shulchan Aruch rules (או''ח סימן ס' – ד') that “מצות צריכות כונה”, “mitzvohs require intent [in order to fulfill them]. Most people do not have intent to fulfill their mitzvah of Kiddush during davening. (2) The Biur Halacha brings the opinion of other ראשונים that hold that the mitzvah to recite Kiddush on wine is actually a mitzvah .מדאורייתאThis opinion is also brought by Tosfos (פסחים קו. ד''ה זוכרהו על היין). (3) The Gemara (פסחים דף קיז') writes that one must mention יציאת מצרים together with the Shabbos Kiddush. It would seem the Kiddush recited during davening contains no such reference. See also the Rabbi Akiva Eiger (סימן רעא' – א' ד''ה וכ''מ בתוס' שכתבו דלר''ת) who writes that מדאורייתא one can even fulfill the Kiddush obligation by saying “good shabbos”.]

B. Who is obligated?

(1) Men as well as Women are obligated to recite Kiddush[footnoteRef:77]. [77: ש''ע רעא' – ב' - Although Kiddush is a מצות עשה שהזמן גרמא the Gemara (ברכה דף כ:) learns that just like woman are included in “שמור”(they must keep the Shabbos), they are also obligated in “זכור” (the mitzvah of Kiddush).]

(2) Children who are old enough to understand the concept of Shabbos are obligated to fulfill the mitzvah of Kiddush[footnoteRef:78]. [78: ש''ע שמג'-א' ומ''ב שם ]

C. Time

(1) One should hurry and recite Kiddush soon after accepting Shabbos[footnoteRef:79]. [79: ש''ע רעא' – א' - See the Biur Halacha (שם ד''ה מיד) who discusses whether this halacha applies only to one accepting shabbos at nightfall, or, even to someone who is accepting shabbos earlier. ]

(2) If someone accepts Shabbos early he can recite Kiddush even before nightfall[footnoteRef:80]. [80: ביאור הלכה רעא' – א' ד'''ה מיד, וכן הוא משמעות הש''ע שם – The Magen Avrohom (או''ח רסז' – ס''ק א') brings the Mordechai (מגילה פ''ב) that asks: According to the opinion of the Rambam (quoted above in note 58) that there is no concept of Tosfos Shabbos מן התורה, how then can one fulfill the obligation of Kiddush, a mitzvah דאורייתא, before nightfall; according to the Torah it is not yet Shabbos and therefore not yet the time for Kiddush of Shabbos? The Mordechai answers that since the person reciting Kiddush on Friday afternoon is a person that eventually (i.e. in a few hours) be חייב in Kiddush מן התורה , he therefore preform this mitzvah even before he is actually commanded to do so. See also the Minchas Chinuch (מצוה לא') who answers the question of the Mordechai differently: The Rambam (הל' שבת פרק כט' הלכה יא') writes that there is a mitzvah to recite Kiddush during the day “as shabbos comes in” and after shabbos “as shabbos goes out”. The words of the Rambam make it clear, explains the Minchas Chinuch, that the mitzvah is not to recite Kiddush “on shabbos itself”, but rather “as shabbos come in”. If someone accepts Shabbos early, although מן התורה it is not shabbos at all, one can still recite Kiddush on the shabbos that is soon to arrive.]

D. Prohibition to Eat Before Kiddush

(1) Once Shabbos has begun, a person may not eat or drink anything until he has recited Kiddush[footnoteRef:81]. [81: ש''ע רעא – ד' - It is not clear, however, what the source for this הלכה is. The Be’er Haitaiv (שם אות ד') references the Gemara in Pesachim (דף קו:) that discusses whether someone who eats [before making Kiddush] can still recite Kiddush that night, or, must he wait until the next morning to do so. This Gemara clearly seems to suggest that it is forbidden to eat before reciting Kiddush. The Gaon (ש''ע רעא' – ד' ד''ה אסר לטעום), however, cites a different Gemara as the source for this הלכה: The Gemara in Pesachim (דף קה.) brings a rule "כשם שהשבת קובעת למעשר כך שבת קובעת לקידוש''. This means that just as when the sun sets on Friday night it is automatically considered to be Shabbos in regards to the laws of Ma’aser (any food that one eats on Shabbos is considered to be "קבע" and "עראי"), so too it is automatically considered to be Shabbos regarding Kiddush. This statement is understood by the Rishonim (see Rashi and Tosfos there) as referring to the prohibition to eat anything after sunset until Kiddush is recited. Regardless of the source, though, it is clear that the prohibition to eat prior to Kiddush is stricter than the prohibition to eat prior to other Mitzvahs דאורייתא. Once the zman for Krias Shma has been reached, for example, it is prohibited for a person to begin a meal for fear that he will become preoccupied with it and forget to recite Krias Shma ( ). It is not, however, forbidden to eat a light snack. Why is it then that regarding the mitzvah of Kiddush (and Havdala) it is forbidden to taste any food whatsoever before one has fulfilled his mitzvah? The Shulchan Aruch Harav (הל' שבת רעא' – ט') explains the distinction: By other mitzvahs the concern is only that the entire zman for the mitzvah will pass without it being fulfilled. To avoid this concern we need only to prohibit beginning an entire meal after the onset of the zman for the mitzvah. By Kiddush and Havdala on the other hand, the mitzvah is to sanctify and separate the day of Shabbos “as it is entering and leaving”. The concern, therefore, is not that one may miss the entire zman of the mitzvah but rather it is that one may miss the proper time for the mitzvah – in the beginning and end of Shabbos. By Kiddush and Havdala, we must therefore prohibit any eating whatsoever once the proper time for the mitzvah has begun.]

E. Covering the Bread

(1) Before one recites Kiddush he should cover the bread (challah) that is on the table[footnoteRef:82]. [82: ש''ע רעא' – ט' - There are three basic reasons that are brought to explain this הלכה: (1) The Rashbam and Tosfos ):פסחים דף ק) explain that we cover the bread before Kiddush so that “the meal should come out into the glory of Shabbos”. In other words, we want to delay bringing food to the table, which signals the beginning of the meal, until the Shabbos has been formally sanctified through the Kiddush. The bread, which is already on the table, should therefore at least be covered until after the Kiddush. (2) Tosfos (ibid) brings another explanation: The הלכה that we must have two breads (לחם משנה) at every Shabbos meal is learned from the verses in the Torah that are speaking about the Manna (מן) that the Jews ate in the desert (שבת דף קיז:) Consequently, there is a הלכה to place a cover on the bread similar to the way the Manna was covered with dew. (3) The Tur (סימן רעא') brings another reason from the ירושלמי: Normally the הלכה is that if someone has bread and wine in front of him, he should, out of respect for the bread, first recite a blessing on the bread and only then on the wine. Before the Shabbos meal, however, we do the opposite; we first make a blessing on the wine of Kiddush and only then recite a המוציא on the bread. We therefore cover the bread while reciting the ברכה on the wine so as to shield it from the disrespect that we are according it. Each of the above mentioned reasons has halachic ramifications. The Magen Avrohom writes רעא'- ס''ק כ')) that if the reason for covering the bread is because we are reciting a ברכה on the wine before reciting a ברכה on the bread (reason #3 above), then it is only necessary to keep the bread covered until the ברכה of בורא פרי הגפן is recited. Once this ברכה has been recited though, the bread can be uncovered even before the Kiddush it completed. If, however, the reason for covering the bread is ““the meal should come out into the glory of Shabbos” (reason #1 above), then, the Magen Avrohom writes (שם), that one should not uncover the bread until the Kiddush has been completely finished and the Shabbos, and the meal, have been sanctified. Lastly, if we cover the bread as remembrance for the Manna (מן) that the Jews ate in the desert (reason #2 above), then there is disagreement as to how long the bread must remain covered. The Pri Magadim (משבצות זהב סימן רעא' – ס''ק יב') writes that if the reason for covering is only in remembrance of the Manna then one must only keep the bread covered for a short time; certainly keeping it covered until the ברכה of בורא פרי הגפן is sufficient. The Mishna Berura (רעג' – ס''ק מא'), however, brings the opinion of the Chai Adam (הל' שבת ו' – יג') who argues and writes that if one is covering the bread for the reason of remembering the Manna, then he should keep the bread covered until the actual המוציא blessing is recited. Another possible difference between these reasons is whether one must cover only the bread that is on the table, or, must all foods that are the table be covered also. According to reason 2 and 3 above, it would seem obvious that one must only cover the bread on the table; all other foods may remain uncovered. According to the first reason, though, that we cover the bread so that the meal begins only after the Shabbos has been sanctified by the Kiddush, it would seem that there is no reason to differentiate between bread and all other foods. Just as we cover the bread and reveal it only after the Kiddush has been recited, the same should be practiced regarding any other foods that are on the table. See, however, the Shmiras Shabbos Kehilchoso (פרק מז' אות קכא') who writes that in the opinion of Rabbi Shlomo Zalman Aurbach covering the bread so that the meal begins only after the Shabbos has been sanctified, is only applicable during the Friday night Kiddush. Once the Shabbos has been sanctified by the Friday night Kiddush, it is no longer important that we delay bringing out the food for the Shabbos day meal until after the Kiddush of Shabbos day has been recited. This would mean that during the Shabbos day meal one definitely need not cover any food on the table other than the bread. ]

F. Filling the Cup of Wine

(1) When reciting Kiddush, one should use a non-disposable, undamaged cup[footnoteRef:83]. [83: The Shulchan Aruch (רעא' – ג' ) writes that the cup of Kiddush has the same requirements as the cup used for Birchas Hamazon. The Shulchan Aruch writes in the halachos of Birchas Hamazon (קפג' – ג') that one must make sure to use a cup that is “whole”. The Magen Avrohom (שם ד''ה כוס שלם) adds that preferably one should not even use a cup whose base is damaged. Rabbi Moshe Fienstien (א''ג או''ח ח''ג סימן לט') writes that we see from the Shulchan Aruch and Magen Avrohom (ibid.) that one must recite Kiddush on a cup that is “נאה”, or, beautiful. Clearly, he writes, a disposable cup would not fit this description and should therefore not be used for Kiddush. Rabbi Moshe does add, though, that if one does not have any other cup for Kiddush other than a disposable cup then “perhaps [one] can be lenient [and use the disposable cup].]

(2) One should preferably make sure that the cup he is using is filled completely[footnoteRef:84]. [84: The Shulchan Aruch writes (רעא' – ס''ק י') “[the cup of Kiddush] requires everything that the cup of Birchas Hamazon requires”. The Rama in Hilchos Birchas Hamazon writes (סי' קפג' – ב') that one should fill up the cup of wine for Birchas Hamazon completely; the same therefore applies to the cup of Kiddush. The Mishna Berura (שם ס''ק ט'), however, writes that this only a דין לכתחילה and is not מעכב; as long as the cup contains a רביעית of wine it is sufficient. See also the Mishna Berura (קפב'- לב') who writes that if one does not have enough wine to fill the cup completely he may place pieces of bread into the cup to raise the wine level. (It would seem that the same ruling would apply to placing ice cubes into the cup of wine).]

(2) One must be sure that the cup being used for Kiddush is not pagum, or, flawed[footnoteRef:85]. A flawed cup is one that has been drunk from since it was filled up with wine[footnoteRef:86]. [85: ש''ע סימן רעא' – י' ] [86: ש''ע קפב' – ג' - See above note 82 in which we brought the Shulchan Aruch’s ruling that “[the cup of Kiddush] requires everything that the cup of Birchas Hamazon requires”. This law holds true for the rules of כוס פגום as well. ]

(3) If one has already drank from a cup and rendered it flawed, he can fix the cup by pouring more wine into the cup before reciting Kiddush[footnoteRef:87]. [87: שם סיעף ו' ]

(4) It is better to use a cup of wine that is pagum then not to use a cup of wine at all[footnoteRef:88]. [88: ש''ע קפב' – ז' ]

G. Drinking the Cup of Wine

(1) One must drink “a cheek full” from the cup of Kiddush[footnoteRef:89]. For an average person, this amount is equal to the majority of a Rivius[footnoteRef:90]. [89: ש''ע רעא' – יג' ] [90: שם - See Mishna Berura there (ס''ק סח') who writes that a Rivius is equal to 1 ½ eggs (with their hells). According to Rabbi Pinchas Bodner (Halachos of K’zayis, page 26) a half egg is equal to .96 fluid oz., a full egg is equal to 1.92 fluid oz. and 1 ½ eggs is equal to 2.88 fluid oz. of wine. See also the Mishna Berura (רעא'- ס''ק סח') who writes that there are those that feel that the eggs of our days are half as small as they were in the past. That would mean that a half egg is equal to 1.92 fluid oz., a full egg is equal to 3.84 fluid oz. and 1 ½ eggs is equal 5.76 fluid oz. See the Biur Halacha (שם ד''ה של רביעית) who writes that for a חיוב דאורייתא like Kiddush Friday night (see note 76 above) one should assume the stringent view that the eggs are smaller today than they were in the past, and, at the very least, should have 2 eggs (or 3.84 fluid oz.) of wine in his cup. ]

(2) Some hold that it is okay for someone other than the one who recited the Kiddush drinks the wine, as long as he drinks a cheek full[footnoteRef:91]. Others, however, argue and maintain that in such an instance the mitzvah of Kiddush has not been fulfilled[footnoteRef:92]. [91: ש''ע סימן רעא' – יד' ] [92: שם בשם הגאונים ]

(3) It is preferable that everyone fulfilling their mitzvah of Kiddush (the “listeners”) should drink some wine - even though they are not the one who recited the Bracha (the “reciter”)[footnoteRef:93]. [93: שם – It is not entirely clear, though, whether the mitzvah is for the listeners to drink any wine or specifically the wine upon which the Kiddush was recited. The Shulchan Aruch (רעא' – טז') seems to hold that it is acceptable for each listener to have his own non-pagum cup of wine that he drinks from after the reciter preforms the Kiddush. The Shmiras Shabbos Kehilchoso (מח'- יא'), however writes that it is better to drink from the wine of ברכה itself. A source for this preference may be from the Sifsei Chachamim (ריש פרשת וירא פסוק ט' ס''ק כ') who writes that the “main mitzvah is to drink from the cup that the ברכה was recited on”. Another possible source for the preference to drink from the actual Kiddush wine can be brought from the Gemara in Shabbos (דף קיג:). The Gemara there writes that taking large steps can diminish one’s eyesight by 1/500th. This loss of eyesight can be restored, however, “with Kiddush Friday night”. Rashi there explains that this healing takes place for, “One who drinks from the wine of Kiddush Friday night”.]

(4) It is also preferable that listeners should drink wine that is not pagum, just like the הלכה that is found regarding the reciter himself[footnoteRef:94]. [94: מ''ב רעא' – ס''ק פג' - This הלכה gives rise to a dilemma: If, after the reciter preforms Kiddush, he drinks from the cup of wine and then pours from his cup to that of the listeners, that would result in the listener’s cups being pagumim. The following are some possible ways to avoid this issue: (1) The Rosh (ברכות פרק ז' סימן טו') writes that if the listeners’ cups are not pagumim then the reciter does not need to pour from his cup into theirs after he recites Kiddush. The Shulchan Aruch codifies this ruling of the Rosh (סימן רעא' – יז'). It would seem, though, that there are two ways to understand this ruling. As we mentioned earlier (note 92) it is not clear whether the listeners are supposed to partake of the actual wine upon which Kiddush was recited. The Rosh and Shulchan Aruch (cited above) hold that if every listener would have his own cup of non-pagum wine during Kiddush then it would not be necessary for the reciter to pour from his cup into theirs. This would seem to suggest that in their opinion it is not important that all the listeners drink from a כוס של ברכה but only that they drink some non-pagum wine after Kiddush was recited. Based on this understanding, it would not be necessary for every listener to have a cup that contains a Rivius of wine and is filled to capacity. Rather, every listener would only need to have a little bit of non-pagum wine to taste after the reciter has finished Kiddush. The Shulchan Aruch Harav (סימן קצ'-ה'), however, clearly understands the opinion of the Rosh (and possibly Shulchan Aruch) differently. He explains that even according to their opinion all listeners must partake of an actual כוס של ברכה. Nevertheless, if every listener has their own cup of wine in front of them during Kiddush, then the reciter does not need to pour from his cup into theirs. This is because since they are listening to the reciter and fulfilling their mitzvah of Kiddush together with them, their cups of wine are also viewed as כוסות של ברכה. According to this understanding, the cups of wine that are in front of the listeners would need to fulfill the normal requirements of a כוס של ברכה (i.e. Rivius of wine and preferably a cup filled to capacity. (2) The Rosh and Shulchan Aruch (cited above) write that if the listeners do not have their own cups of wine then after the reciter has finished reciting Kiddush he should pour wine from his cup into the cups of the listeners. The listener should be careful, though, to distribute the wine from his cup before he drink from it so that the listeners are drinking non-pagum wine. The Shulchan Aruch Harav (cited above) explains that it not considered a hefsek for the reciter to distribute the wine between his ברכה and drinking because the distribution is necessary to facilitate the proper drinking by the listeners who are fulfilling the mitzvah of Kiddush together with him. There are, however, other possible problems with this option. The Mishna Berura (רעא' – ס''ק נא') brings the opinion of Tosfos that when drinking from a כוס של ברכה to fulfill a mitzvah, the cup must still contain a Rivius of wine at the time of his drinking. That means that if the reciter is using a cup whose capacity is only a Rivius, he cannot distribute wine from that cup into that of the listeners’ before drinking because by doing so, it would mean that there is less than a Rivius of wine in the cup at the time he is drinking from it. One can only use this option then, if he is using a cup that is significantly bigger than a Rivius, so that even after pouring from his cup into that of the listeners, there will still remain a Rivius of wine in the cup at the time he drinks from it. (3) The Mishna Berura (שערי ציון רעא' – אות פט') brings yet another option. He writes that after finishing Kiddush and drinking from his cup, the reciter can pass his cup around to the listeners to drink from. Because they are then drinking from the original cup of wine itself, this cup is not considered to be a cup that is pagum - even though the reciter has already drank from it. The Shmiras Shabbos Kehilchoso (פרק מח' – יא' אות סט'), however, brings that Rav Shlomo Zalman Aurbach took issue with this option based on the ruling of the Shulchan Aruch (סימן קע' – טז') that one should not drink from a cup and then give it to his friend to drink because of the danger this can pose. Rav Shlomo Zalman was bewildered by the apparent מנהג to disregard this הלכה when dealing with a .כוס של ברכה (4) Another possible approach would be for the reciter to add wine to the cup after he drinks from it, thus rendering the wine inside his cup non-pagum (see halacha F-3 above). This option, though, would be problematic for the same reason as the previous one was (it is forbidden for a person to give someone to drink from a cup his has already drank from).]

H. Standing or Sitting

(1) During the recitation of Kiddush, there are both reasons to sit[footnoteRef:95] and stand[footnoteRef:96]. [95: ש''ע רעא' – י' - The Mishna Berura (שם ס''ק מו') brings two reasons that one should sit during Kiddush: (1) One has to an obligation to recite Kiddush in the place of his meal (see later IV – J). Since the meal takes place while sitting at the table, the Kiddush too should take place while sitting at the table. (2) In order for one person to be יוצא others in Kiddush, it is necessary that everyone sit together as an indication that they are all joining as one to discharge their Kiddush obligation. ] [96: שם – The ש''ע writes that one should recite ויכולו standing. The Mishna Berura (שם ס''ק מה') writes that this is because ויכולו is a testimony on Hashem’s creation of the universe, and testimony should be relayed while standing.]

(2) There are several prevailing customs regarding standing/sitting during Kiddush:

(a) Stand the entire Kiddush[footnoteRef:97] [97: שם – Rabbi Moshe Feinstein (אגרות משה או''ח חלק ה' אות ז') explains that the Rama’s reasoning is that once we instruct a person to stand for ויכולו, and are clearly not concerned that the standing prevents the listeners from fulfilling ויכולו together with the reciter, we allow him to continue to stand for the remainder of Kiddush. Based on this reason, Rav Moshe writes that when reciting Kiddush on Shabbos day or Yom Tov, one should sit (because there is no ויכולו in Kiddush. He writes, however, that there is another reason to stand for the entire Kiddush that is based on Kabbalah. See also the Kaf Hachaim (רעא'-סב'), the Ketzos Hashulchan (סימן עט' אות יד'), and the Aruch Hashulchan (רעא'- כד') who all bring that the opinion of the Kabbalists was to stand for the entire Kiddush. ]

(b) Stand for the first few words of Kiddush and then sit[footnoteRef:98] [98: שם – The Rama writes that this is the common practice for today but it seems that this is no longer the case. He explains that the reason for this is that we since the opening words of Kiddush contain the name of Hashem (“ויכולו, and He finished”) we stand for these words out of respect. ]

(c) Stand for the recitation of ויכולו and then sit for the remainder of Kiddush[footnoteRef:99] [99: שם – This would seem to be the most logical approach. One stands for ויכולו because it is testimony, but sits for the remainder of Kiddush to fulfill קידוש במקום סעדוה.]

I. Type of Wine

(1) Preferably one should recite Kiddush on wine that is red[footnoteRef:100], has no sugar added[footnoteRef:101], is not cooked[footnoteRef:102], and has fermented for a minimum of 40 days[footnoteRef:103]. None of the above conditions, however, are absolutely required. [100: ש''ע ערב' – ד', ומ''ב שם ס''ק י' ] [101: ש''ע שם סיעף ח' ] [102: שם ] [103: מ''ב ערב'- ס''ק ה' ]

(2) If one is not using wine, he can also recite Kiddush on grape juice[footnoteRef:104]. [104: ש''ע ערב' – ב' -This halacha is based on a statement from Rava (בבא בתרא דף צח.) “A person may squeeze a cluster of grapes and then recite Kiddush [on the juice he has extracted].” There is much discussion, however, as to what the parameters of this statement are. In order to fully appreciate this discussion we must first understand the link that exists between whether one recites the bracha of בורא פרי הגפן on a particular drink, and whether that drink can be used for Kiddush. The Shulchan Aruch (ערב' – ז') writes that a certain type of wine (שמרי יין או חרצנים שנתן עליה מים) can be used for Kiddush “if it is fit to recite the bracha of בורא פרי הגפן on them”. Clearly, the Shulchan Aruch holds that only a drink considered “wine” in regards to the bracha of בורא פרי הגפן is considered wine in regards to Kiddush. The same rule seems to be evident from the Rashbam in Baba Basra (דף צז. ד''ה אין אומר קידוש היום כו'). The Gemara there quotes a law from Rav Zutra Bar Tuvia, “We only recite Kiddush on wine that is fit to be used in the wine pouring [that took place] on the altar”. The Gemara then wonders: what beverage does Rav Zutra Bar Tuvia wish to exclude by way of his law? After a short discussion, the gemara explains that Rav Zutra was intending to exclude wine that had been stored in an unclean container and had begun to smell foul. Since such wine would not be kosher to be used on the altar, it is also no fit to be used for the mitzvah of Kiddush. The Rashbam there is bothered: Why must the Gemara search for a beverage that is excluded by Rav Zutra’s rule - it would seem that there are many drinks that are not qualified to be used in the wine pouring that takes place on the altar (i.e. orange juice)? The Rashbam answers that the Rav Zutra was only discussing beverages whose ברכה is בורא פרי הגפן. He is trying to point out that even within this category, there are still certain wines that cannot be used for Kiddush (i.e. those that are not fit to be poured on the alter). It seems clear from the Rashbam as well, that Kiddush can only be recited on drinks upon which a בורא פרי הגפן is recited. It seems then, then when trying to determine whether Kiddush can be recited on grape juice, the first question that must be addressed is whether a בורא פרי הגפן is recited on grape juice; if is not, then there is no need for further discussion.In order to determine, though, whether grape juice has the same ברכה as wine, we must first explore why wine was singled out by the חכמים to be given its own ברכה. The Gemara in Berachos (ברכות דף לה:) asks this question and answers that wine has a ברכהof בורא פרי הגפן because it has two distinct attributes: (1) It satisfies (2) It makes people happy (through intoxication). According to this reason, it would seem that grape juice, which does not cause intoxication, should not qualify to have the distinct ברכה of בורא פרי הגפן. How then, does Rava tell us (בבא בתרא דף צח.) “A person may squeeze a cluster of grapes and then recite Kiddush [on the juice he has extracted]”? The Rashbam in Bava Basra (דף צז:) seems to answer this question. He explains that the reason why grape juice is included is because, “It is destined to become wine”. Since this grape juice will eventually ferment and develop into wine, which is a drink that is unique and requires a ברכה of its own, we can also view the grape juice itself as unique and assign it the same ברכה as the wine. Indeed Rav Shlomo Zalman Aurbach (מוריה – סה' שנה יא ג-ד) clearly explains that this is the reason for Rava’s statement that grape juice can be used for Kiddush.Recent grape juice production practices have caused another complication into what the proper ברכה for grape juice is. After juice is pasteurized, it is no longer possible for that juice to ferment. If, as the Rashbam explained, the reason for Rava’s statement is that grape juice will eventually develop into wine, it would seem the grape juice we drink now, would not be included in this rule. Indeed Rav Elyashiv is quoted as ruling that one should not recite ברא פרי הגפן on grape juice that has been pastreuized; rather he should recite a שהכל ניהיה בדברו in accordance with the halacha regarding all other beverages. Rav Shlomo Zalman Aurbach (שם), however, rules that even pasteurized grape juice maintains its status as- a בורא פרי הגפן beverage. This is beacause, since there was a time – before the pasteurization - that this juice was fit to develop into wine, the juice therefore retains its בורא פרי הגפן status even once it can no longer become wine. ]

(3) If one does not have wine (or grape juice) he can recite Kiddush on bread[footnoteRef:105]. One should not, however, recite the Friday night Kiddush on any beverage other than wine (or grape juice)[footnoteRef:106]. [105: ש''ע ערב' – ט' ] [106: שם ]

J. Kiddush Be’mokom Seudah

(1) In order for one to fulfill his obligation of Kiddush one must eat a meal in the “same place” that he has recited the Kiddush[footnoteRef:107]. How do we define, though, what constitutes eating in the “same place”? [107: ש''ע רעג' – א' - The source for this הלכה can be found in the Gemara In Pesachim (דף ק:-קא.). The Gemara there brings a disagreement between Rav and Shmuel regarding reciting Kiddush in the Bais Hakneses. Rav holds that while such a Kiddush does not discharge a person’s obligation to recite a ברכה on the wine he will drink at home, it does indeed discharge his obligation to recite Kiddush on Shabbos. Shmuel, however, argues and maintains that the Kiddush recited in the Bais Hakneses cannot even discharge one’s basic Kiddush obligation. This is because Shmuel holds “אין קידוש אלא במקום סעדוה”, or, “there is no [fulfillment of the obligation of] Kiddush unless [it is recited] in the place of a meal”. As a result, since no meal is being eaten in the Shul Friday night, one cannot fulfill the mitzvah of Kiddush there. The Rashbam (פסחים קא. ד''ה אף ידי קידוש לא יצאו) explains the source for Shmuel’s opinion: The verse in Sefer Yeshaya (פרק נח') writes “וקראת לשבת עונג”, “And you shall call Shabbos enjoyment”. We infer from this verse “In the place that you call Shabbos (referring to Kiddush during which we call Shabbos a day of holiness), there shall be your enjoyment (the Shabbos meal which is considered the enjoyment of Shabbos”. See the Rosh (פרק עשירי אות ה') who brings conflicting opinions as to whether this rule is מדאורייתא or מדרבנן.]

(a) A different part of the same room: Preferably one should have in mind during Kiddush that he will be eating in a different area of the room. Even if one does not have this in mind, though, he nevertheless is considered to have fulfilled his obligation of Kiddush[footnoteRef:108]. [108: ומ''ב שם ס''ק ג' - ש''ע רעג' – א'The Gemara in Pesachim (cited in previous note) writes that at first it would assume that Shmuel’s rule of אין קידוש אלא במקום סעודה is only intending to exclude a case in which someone recited Kiddush in one house and ate the Shabbos meal in another house. Shmuel’s rule, however, would not apply to someone who recited Kiddush in one place in a house and ate his meal in another place in that same house; in this case Shmuel would agree that the Kiddush is valid. The Gemara then brings the testimony of Rav Anan Bar Tachlifa who recounts that he had been in Shmuel’s house and personally seen Shmuel recite Kiddush in the had attic and then repeat Kiddush when he decided to move the meal to the first floor. Clearly, Shmuel holds that even two rooms in one house (i.e. attic and first floor) are not considered the “same place”. Even so, it seems clear from our version of the Gemara that two different areas within the same room are considered the “same place” regarding the law of קידוש במקום סעודה. The Rif (דף כ' בדפי הרי''ף), however, has a slightly different version of this Gemara. In his version, the Gemara writes that it would assum