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Torah and Rabbinic Level Kiddush Obligations
We might fulfill our obligation to recite Kiddush on a Di’Oraita (Torah) level during our Friday night Tefillah. Our discussion begins with an outline of the Torah and Rabbinic-level Kiddush obligations.
Pesachim 106a interprets the Pasuk (Shemot 20:8) “Zachor Et Yom HaShabbat LiKadesho, recall (or mention) Shabbat to make it holy”, to be teaching that we must say Kiddush on wine at Shabbat’s start. Tosafot (Pesachim 106a s.v. Zochreihu) and the Rambam (Hilchot Shabbat 29:1 and 6) agree that the wine requirement is a Rabbinic addition. On a DiOraita level, it suffices to sanctify Shabbat with “words of praise and sanctification.”
The Bi’ur Halachah (271 s.v. MiYad) notes that many Rishonim note this view. Significantly, he mentions no dissenting views.
The Magen Avraham – Yotzei MeDi’Oraita with Friday Night Arvit
The Magen Avraham (271:1) sets forth a surprising Chiddush (innovation), arguing that one fulfills his Torah-level obligation to recite Kiddush with Friday night Tefillah. The Dagul MeiRivava, Pri Megadim, and Rabi Akiva Eiger agree (though the Taz, Orach 271:19, seems to disagree).
The Gemara (Berachot 33b) might support the Magen Avraham, as it states that there is Kiddush in both Tefillah and on wine, just as with Havdala.
The Mishnah Berurah (271:2) and Yalkut Yosef (Orach Chaim 271:5) write that, according to this view, if one is unsure whether he said Kiddush over wine, he does not repeat it, since Safek DiRabbanan LiKula, one is lenient regarding rabbinic matters.
The Minchat Chinuch – The Missing Zecher LiYetzi’at Mitzrayim
However, the Minchat Chinuch (31:5) vigorously questions the Magen Avraham, citing Pesachim 117b’s requirement to mention Yetzi’at Mitzrayim in Kiddush. The Minchat Chinuch wonders how Friday night Tefillah suffices for one’s Torah-level obligation to recite Kiddush, since it does not mention Yetzi’at Mitzrayim. The Aruch Hashulchan (Orach Chaim 271:3) also presents this argument.
The Bi’ur Halacha (271 s.v. Miyad) writes, though, that there are three possible defenses of the Magen Avraham. First, is that mentioning Yetzi’at Mitzrayim in Kiddush may be only a Rabbinic requirement. Second, is that mentioning Yetzi’at Mitzrayim in Kri’at Shema on Friday night might suffice to fulfill the obligation to say it with Kiddush.
The Bi’ur Halacha mentions our requirement of Semichat Ge’ulah LiTefilla, connecting Ge’ulah and Tefilla, as sufficing to connect Kri’at Shema’s mention of Yetzi’at Mitzrayim with Friday night Tefilah’s praise of Shabbat.
Finally, the Bi’ur Halacha suggests that perhaps the Gemara means that Zecher LeYetzi’at Mitzrayim is required for Kiddush on the Kos, rather than for Kiddush in Tefilla.
Interestingly, the Minchat Chinuch concedes that when Shabbat occurs on Yom Tov, one is Yotzei Kiddush on a Di’Oraita level with Arvit since then Yetzi’at Mitzrayim is mentioned in Tefilla.
Kavanah
The Mishnah Berurah and Bi’ur Halacha raise a second objection to the Magen Avraham’s Chiddush – the absence of Kavanah, intention to fulfill Kiddush in Friday night Tefillah. He notes the Shulchan Aruch (Orach Chaim 60:4), which codifies the opinion that Mitzvot Tzrichot Kavanah: one must intend to fulfill a Mitzvah to satisfy his obligation to perform it.
The Kaf HaChaim (271:9) defends the Magen Avraham, arguing that since one’s intention is to pray the Shabbat evening Tefillah, which must include Shabbat and its praises, it turns out he does intend to praise Shabbat and thereby fulfills a Torah-level obligation to say Kiddush.
Separating Di’Oraita and DiRabbanan
The Minchat Chinuch (31:3) raises another intriguing argument against the Magen Avraham. He raises the possibility that, once Chazal instituted Rabbinic requirements, one cannot separate Torah-level from Rabbinic obligations. Thus, since one has not fulfilled Kiddush’s Rabbinic requirement, one does not fulfill his Torah-level obligation either.
The Minchat Chinuch seeks to prove his argument from the Mishnah (Sukkah 2:7), which states that if a majority of a man ate while most of his body was in the Sukkah but the table was outside, he does not fulfill the Mitzvah (and see Tosafot Brachot 11a s.v. Tani and Sukkah 3a s.v. Di’Amar).
Significantly, the Bi’ur Halacha does not cite this concern of the Minchat Chinuch, possibly indicating his rejection of this approach.
Kiddush on Wine Possibly Di’Oraita
Interestingly, the Aruch HaShulchan (Orach Chaim 271:2) notes a weakness in the Magen Avraham’s argument, pointing to a significant group of Rishonim who believe that Kiddush on wine (or bread) is a Torah-level requirement. These include Rashi to Berachot 20b (s.v. Kiddush HaYom), the Mefaresh to Nazir 4a (s.v. V’Harei), the Ran to Shabbat (10a in the pages of the Rif, s.v. Amar Rava), and Pesachim 22a in the pages of the Rif, s.v. Zochreihu), the Ohr Zaru’a (25), and the Ra’avan.
A Thirteen-Year-Old Saying Kiddush
One is not considered an adult according to Halachah merely upon reaching age twelve or thirteen. The appearance of two pubic hairs (Shtei Sa’arot) is the determining factor. One becomes an adult at Bar or Bat Mitzvah since Rava articulates a principle (Chazakah DeRava; Niddah 48b) that assumes that the two hairs have appeared by the age of Bar or Bat Mitzvah.
Ashkenazic Poskim (Magen Avraham 39:1, Mishnah Berurah 271:3, and Aruch HaShulchan Orach Chaim 199:4) caution, however, that we may rely on Chazakah DeRava only for rabbinic requirements (such as almost all Torah readings). However, regarding Di’Oraita requirements, we may not rely on this assumption. Thus, we permit a Bar Mitzvah boy to serve as the Sheliach Tzibbur because the Sheliach Tzibbur executes responsibilities (e.g., Chazarat HaShatz) that are of a rabbinic nature. However, such a person cannot serve as a witness to a wedding or Get, recite Kiddush on behalf of adults or adjust a Tefillin Shel Rosh knot until he has facial hair (see, for example, Shulchan Aruch Even HaEzer 141:25 and Choshen Mishpat 35:1). This is because we have a Safeik as to whether the individual is among the significant minority of people who has reached the age of Bar Mitzvah but has not yet physically matured.
However, the Bi’ur Halacha writes that if one prayed Arvit, he can be Yotzei Kiddush from a thirteen-year-old boy without facial hair, due to a Sifeik Sifeika (double doubt). One possibility is that the boy is physically mature; the other is that the Magen Avraham is correct. The Bi’ur Halacha writes that although he posed many questions on the Magen Avraham, Midei Sifeika Lo Nafka, the Magen Avraham still might be true. Thus, the Magen Avraham’s view is a worthy component of a Sifek Sifeika.
When to have Kavanah to be Yotzei Kiddush Di’Oraita in Arvit
The Mishnah Berurah (271:2) writes that it is preferable not to have in mind to fulfill Kiddush on a D’Oraiata level in Tefilla. By waiting until Kiddush on wine, one fulfills the Di’Oraita Mitzva optimally – on wine, right before a meal (Kiddush BiMakom Se’uda), and a proper Nusach which includes Yetzi’at Mitzrayim.
However, there are at least four exceptions. The Chatam Sofer (Orach Chaim 271:1) writes that on Yom Kippur, one should bear in mind to fulfill Kiddush in Arvit, since one will not say Kiddush on a Kos. Significantly, we mention Zecher LiYetzi’at Mitzrayim in the Yom Kippur Amida.
Another exception would be if one expects to hear Kiddush from a boy without facial hair. In such a case, he should also add the words Zecher LiYetzi’at Mitzrayim to his Amida. Yalkut Yosef writes the same regarding when he expects to hear Kiddush from someone not well-versed in Halachah and might not have Kavana to be Motzi his listeners with his Kiddush.
One last example is someone who does not have wine or bread upon which to say Kiddush. He should have Kavana to be Yotzei Kiddush MeDoraita in Tefillah, since he will not be able to recite Kiddush on a Kos.
Conclusion
One may wonder why Torah learners emphasize determining whether a Mitzvah is a Torah or Rabbinic level obligation. This discussion illustrates the myriad Nafka Minot, practical differences, regarding the level of obligation. Thus, the question of whether an activity is a Torah or Rabbinic obligation is often the first issue addressed regarding that Mitzvah, for it opens the doors to a multitude of practical ramifications regarding its character and scope.