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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