KIDDUSH FROM THE TORAH PART 2

R' Akiva Eiger brings Rishonim that disagree with those who say that Kiddush from the Torah is merely saying words in Davening. He understands the Ran to hold that Kiddush over wine is from the Torah and deduces this from the way the Ran responds to a question posed on a Gemara. The Gemara describes a case in which someone has only enough money to buy either wine for Kiddush or candles for Shabbos. The Gemara Poskins that he should buy the candles, since it is better to promote Shalom Bayis. The Ran asks how can promoting Shalom Bayis override Kiddush which is from the Torah?

He answers that the candles do not supplant Kiddush since he can still make Kiddush over bread.

It would seem from this answer that the Ran holds that making Kiddush over wine or bread is definitely from the Torah, because he otherwise could have answered very simply that by Davening he would have been Yoitze Kiddush from the Torah.

R' Akiva Eiger also brings down the Rosh that says that even saying Kiddush at your meal is from the Torah. The Gemara asks that according to Shmuel who holds that people need to make Kiddush in the place where you eat the meal , why did the Rabbanim institute making Kiddush in Shul? The Gamara answers that they made Kiddush in Shul to be Moitzie the travelers that are eating there. The Rosh asks why doesn't the Gemara answer that we say Kiddush in Shul in order to be Yoitze the Mitzvah from the Torah?

Therefore we must say that making Kiddush at the meal is from the Torah. R' Akiva Eiger asks on the Rosh that it is unnecessary to come to this conclusion since a person can be Yoitze Kiddush from the Torah at Maariv, and therefore another Kiddush is redundant.

R' Akiva Eiger brings a proof that Kiddush on wine is not from the Torah. This can readily be seen from the fact that Kiddush on wine is not made on Yom Kippur that falls on Shabbos although "remembering Shabbos" is part of the Yom Kippur Tefillah. Anyhow, in this case the drinking of the wine would have to be MiDRabanan, since if it would be from the Torah, we would need to make it over wine even on Yom Kipper, but then not drink it.

Rabbi Chaim Smulowitz 

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Hichos Kiddush part 1

MAKING KIDDUSH RIGHT AWAY
SEIF 1

The Tur writes that a person should make Kiddush when Shabbos begins. The Gemara explains the reason that the Mitzva of "remembering Shabbos" is performed at the "coming of the Shabbos," i.e. at the inauguration of Shabbos.

The Gra brings another source for making Kiddush as soon as Shabbos arrives. The Gemara in Pesachim 105a says that if someone has only enough wine for a single cup on Shabbos, he should make Kiddush on Friday night. He should not wait until the next morning where he would simultaneously fulfill the obligation of Kiddush plus drinking wine for the honor of Shabbos day.
This is true even though the Bavli holds that it is better to have food for the Shabbos day more than on Fridaynight, since the honor of the daytime is greater. Nevertheless, since Kiddush represents the arrival of Shabbos, the earlier you perform this Mitzvah (showing how eager you are for the inauguration of Shabbos), the better. So we see from these two sources that the best way to fulfill the Mitzvah of Kiddush is to perform it as early as possible.

The Magen Avraham quotes the T'Shuvos Menachem Ezarya that if a person is hungry, Kiddush can wait an hour or two in order to eat the Sudah with an appetite. Even though we normally say one must be MiKadesh right away, since "remembering Shabbos" is included in the Friday evening Tefillah, according to the Torah we could be Yoitze Kiddish with Davening. The Yerushalmi also mentions that postponing Kiddush for an hour or two in order to eat is permissable.
Rashi in the beginning of Brachos similarly implies that eating Friday night was done sometime after TZeis Hakochavim.

AN EARLY SHABBOS

The Taz explains that making Kiddush "right away" includes even those who make an early Shabbos.
Even then it is important to make Kiddush as soon as possible. The Biur Halacha argues with this.
He says that "right away at the beginning of Shabbos" indicates only after the appropriate arrival of Shabbos, meaning at nightfall.

The Biur Halacha brings another proof from Brachos 27. Rebbi Davened Maariv early Friday night, went into a bathhouse to sweat (before they made a Gezara to prohibit sweating in a bathhouse,) then he came out and taught a Perek. From here we see that Rebbi did not make Kiddush right away after he accepted an early Shabbos. The Rambam implies this same concept regarding those who accept an early Shabbos. He says that in that case people should wait right before nightfall to make Kiddush.

KIDDUSH FROM THE TORAH

The Magen Avraham in the name of the Rambam says that you are Yoitze

"remembering Shabbos" from the Torah by just saying Kiddush. Saying it over

wine is only MiDRabanan.

This is also the view of Tosfos in Sukkah, that when we Daven we are Yoitze

the Mitzva of Kiddush from the Torah. The Pri Megadim says that if someone

is not sure whether he made Kiddush on wine, it is not necessary to repeat

it. This is because he was Yoitze D'Oraisa by Davening and Kiddush on wine

is only DiRabanan. Since we are lenient by a Safeik DiRabanan, it is not

necessary to repeat Kiddush.

We see from R' Tam that the concept that you're Yoitze from the Torah with Maariv. He says when there is no wine there is no requirement to say

Kiddush at all (he doesn't hold of saying Kiddush on bread.) Why doesn't he

say one must performKiddush in order to be Yoitze Kiddush from the Torah?

Again, we must say because he holds that it is enough to be Yoitze with

Davening.

We can find another proof in Brachos 33a where the Rabbanim originally

instituted only making Havdalah during the Maariv Tefillah. When the

communities got richer, they instituted saying it on wine. At the end they

instituted saying it both in Tefillah and on wine, similar to Kiddush. Even

though he said Kiddush by Davening, it still needs to be said over wine. We

can see that the Gemara is comparing the Chiyuv of Havdalah to making

Kiddush. Just like Havdalah where a person can be Yoitze with Davening, then

the Rabbanim instituted Havdallah on wine, so too it is enough to be Yoitze

Kiddush from the Torah through Davening. This comparison is especially true

to Shitas HaRambam that Havdala is MiDoiraisa and is part of the Mitzva of

Kiddush (that you need to remember Shabbos when it comes in and when it goes

out.)

Rav Akiva Eiger brings Rishonim (as we'll explain in next Shiur) that hold

that making Kiddush over wine is from the Torah. They explain the above

mentioned Gemara in Brochos by saying when the Rabbanim instituted Havdala,

they wanted to institute it the way the Torah itself instituted Kiddush.

Just like Kiddush, since after Davening a person is not Yoitze "remembering

Shabbos" unless one says Kiddush over wine, so too in the case where Havdalah is said

in Davening, there also remains a requirement to say it over wine.

Rabbi Chaim Smulowitz

If you ever though that Tosfos was beyond you. Think again. A few more free copies of Gemara and Tosfos: Sukka 2a-11a is still available 
at
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