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Halachot Related to Coronavirus/COVID-19 Pandemic

2020-04-08T20:42:20Z

Ezralevy: /* Tefillah */

[[Image:3D medical animation corona virus.jpg|right|300px]]
All rabbinim agree that one should be cautious with all the health guidelines and social distancing<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 34)] interestingly describes the sources in general about the Jewish view on handshaking and whether it is a [[Chukot Hagoyim]]. The poskim hold that in it isn't however, at this time it is forbidden because of the health concerns.</ref> set up by the government and other local institutions in order to stay safe and help prevent getting others sick.<ref>[https://www.torahanytime.com/#/lectures?v=104843 Rav Yitzchak Yosef], [http://www.torahweb.org/torah/docs/rsch/RavSchachter-with-doctors_Mar-15-2020.pdf Rav Hershel Schachter], Rav Asher Weiss (Teleconference March 22 2020), [https://www.ou.org/covid19/ OU (March 20 2020)], [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 53)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.jpost.com/israel-news/leader-of-ultra-orthodox-world-calls-for-lone-prayer-due-to-coronavirus-622805 Rav Chaim Kanievsky], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)], and RCBC letters. An article on [https://www.kikar.co.il/abroad/354170.html kikar.co.il] describes how the gedolim are currently davening privately including: the Gerre rebbe, Rav Shalom Kohen, Rav Gershon Edelstein, Rav Moshe Shternbuch, Rav Yitzchak Yosef, Sanser Rebbe, Rav Bakshi Doron, Rav Dovid Yosef, Bavian Rebbe, and Rav Sheiner.

*Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.</ref> Coronavirus, as it causes a serious health threat to some people, inhibits any social gatherings and semachot, and has severely damaged the economy and livelihood of certain people, poses a serious challenge to everyone. We all need to daven and take advantage of the circumstances in order to best serve Hashem. As a thoughtful Jew, it is incumbent upon a person to take to heart some important lessons of life and re-strengthen himself in his commitments. <ref>Rambam Taniyot 1:1-3, [https://www.torahanytime.com/#/lectures?a=105844 Rav Reuven Epstein] emphasizes that we need to take a lesson from corona since it overtly a hardship for Jews and humanity and a sign from Hashem. [https://www.yutorah.org/lectures/lecture.cfm/949185/rabbi-menachem-penner/shema-everything-is-from-hashem/ Rabbi Penner] discussed how we can revitalize our strength in mitzvot at this time based on better appreciating the lessons of Shema. Rav Asher Weiss (Teleconference March 22, 2020) introduced his shiur by discussing how we can strengthen our commitment to [[Ben Adam Lchavero]]. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha)] wrote many lengthy pieces on the hashkafic questions related to COVID19.</ref> Additionally, on a practical level, COVID19 has many implications for people, and below is a small collection of the relevant halachot.

==[[Tefillah]]==
When davening at home one should be cognizant of the following ideas:

#The best time to pray is Netz. According to many poskim this is equivalent to praying with a minyan.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz], Laws of Praying Beyachid (Adar 5780) by Rabbi Yonatan Nacson p. 1 citing Yalkut Yosef 89:1</ref>
#A person should daven in a [[makom kavuah]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] and [https://www.star-k.org/videos.php Rabbi Moshe Heinemann around minutes 5-7]</ref>
#It is preferable to daven with two people instead of one.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 2, page 41). Rav Asher Weiss adds that there is no distinction between a man or a woman in this situation, so praying with one's wife or daughter is equally preferable to praying with one's son. </ref>
#A person should daven in front of a wall so that there's no distractions in front of him.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref>
#A person can and should daven near a window that serves as a means of being inspired to look towards heaven.<ref>Shulchan Aruch 90:4 writes that there should be windows in a place where one davens. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] suggested that the same should be done for when we daven at home to daven in a place where there is a window.</ref>
#A person can daven [[Shemona Esrei]] aloud if it helps his kavana. It also serves as a role model for children.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref>
#A person shouldn't daven in a room that is usually used for frivolity.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref>
#A person shouldn't daven in front of an open bathroom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]</ref>
#At a time of a plague such as our times it is advisable to say [[ketoret]] which has the power to end a plague.<ref>Laws of Praying Beyachid by Rabbi Nacson p. 2, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] citing Rabbi Akiva Eiger teshuva 71</ref>
#According to some, at this time a person should recite Avinu Malkenu in [[Shacharit]] and [[Mincha]],<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rav Schachter</ref> while others emphasize how one must focus on Teshuvah and reciting all parts of the regular seder haTefillah first.<ref>[https://www.torahanytime.com/#/lectures?v=104864 Rav Bention Mutzafi (55:10)]</ref> Avinu Malkenu should not be recited during [[Nissan]].<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] stated that one should not recite Avinu Malkenu during Nissan. See Divrei Yatziv OC 75 for different minhagim about saying Avinu Malkenu during Nissan. See discussion page.</ref>
#Eating a meal before davening when the time comes to daven a certain tefillah should be avoided since generally we are lenient about this since we go to established minyanim but for when that isn't possible we should be more strict about this.<ref>Mishna Shabbat 9b, [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz]. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 5-7 says that if one sets an alarm, that should be sufficient</ref> See details here about [[Eating before Davening| eating]] and [[Other Activities before Davening| doing activities before davening]].
#When davening as a family, in a temporary fashion, some hold that it isn't necessary to have a [[mechitza]] and the men and women can simply daven on different sides of the room.<ref>Igrot Moshe 5:12:1 writes that regarding a Shabbos Sheva Brachos since it is just the family and it is a temporary situation no mechitza is necessary.</ref> See [[Mechitza]] for more details.
#A person shouldn't forget to recite [[Birkat Halevana]] by themselves when they see the moon. It can be said from indoors. See [[Birkat Halevana]] page for details.

===Parts of Davening to Skip===

#On Friday night an individual doesn't recite [[Shabbat_Davenings#Me.27ayn_Sheva |Magen Avot]] after Shemona Esrei of Maariv.<ref>Laws of Praying Beyachid p. 10 citing Shulchan Aruch O.C. 268:8</ref> However, one should recite Vayechulu.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 24:45. At around 34 minutes, he clarifies that this can be done even by yourself, though normally we try to say it with at least two </ref>
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref>

==Minyan via Porches or Technology==

#It is forbidden to have a minyan in person whether it is in a shul, shteibel, home, or backyard.<ref>[https://www.ou.org/covid19/ OU]. [https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] writes that a person shouldn't try to make a minyan on his lawn spread out even if there's a small remote chance of spreading the virus. He also held that making a minyan with ten people standing on different balconies or porches doesn't count as a minyan. [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] writes that certainly a person should not attend a minyan because of the danger and one may not rely on the zechut of a minyan to protect him, one needs to be safe. Rav Asher Weiss agrees that one must pray alone in order to avoid potential danger (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, page 36). </ref> There is an exemption from tefila in a minyan due to the danger of the pandemic.<ref>Rav Asher Weiss (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 16, Subchapter 1, page 40).</ref>
#If there ten people standing on their own porches and can see one another, some say that one can not create a minyan in such a manner, while others hold that one can.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950656/rabbi-hershel-schachter/piskei-corona-14-forming-a-minyan-outside/ Rav Schachter (Piskei Corona #14)] holds that it isn't a valid minyan. However, Rav Shternbuch (teshuva Nissan 8 5780) held that it is a valid minyan. To satisfy all the opinions the shaliach tzibur should have in mind that when he does chazarat hashatz that he could be praying a voluntary tefillah. They can't join if they're across the street and within ten tefachim of the ground. The shaliach tzibur needs to be able to see everyone. For kriyat hatorah that is done with porches initially one should call up the baal koreh or anyone on his porch, then one can even call up to an aliya someone on another porch as long as he can hear the baal koreh. The kohanim should leave before retzah because they can't say birkat kohanim. Someone davening alone doesn't have to hear kriyat hatorah since it is an obligation of the community and not individual. Rav Asher Weiss (Teleconference with Aguda, April 2 2020) was also inclined to hold that it is possible to make a minyan with people on porches who can see each other.

*Mishna Brurah 55:48 based on Rashba responsa 1:96 holds that one can learn from the laws of zimmun that if people can see each other they can join for minyan.

Rav Asher Weiss writes that a minyan can be created between men praying from their respective porches in order to prevent the grave danger of congregating in closer proximity, and kadish and kedusha may be recited (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 18, Subchapter 2, page 53)</ref>
#You can't create a minyan with a video (e.g. zoom or skype) or phone call but one can join a minyan of ten men in one room with a video or phone call in order to answer [[dvarim shebekedusha]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref>
#It isn't considered a minyan for people to join together to daven on a video conference but it is still spiritually valuable.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]. Rav Asher Weiss says that it is appropriate to fix a time for people to pray together remotely. Rav Asher adds it will help ascertain that prayer is done properly, on time and with concentration. Nonetheless, chazarat hashatz and devarim shebikdusha must be omitted. (Minchat Asher, Volume on coronavirus, Inyane Tefila section, Chapter 17, pages 45-46)</ref>

===Answering [[Amen]]===

#Even if there is a time delay between the person reciting the bracha and the one answering it that wouldn't be considered an [[Amen Yetoma]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], Rabbi Nacson in Laws of Praying Beyachid p. 4 based on Yalkut Yosef 5775 ed Yamim Noraim p. 17, Yabia Omer 1:19:18, Chazon Ovadia Purim p. 56</ref>

===Megillah===

#There is a major dispute if a person could fulfill their mitzvah of listening to the megillah on the phone or through watching a live streamed video. Some rabbanim advised this,<ref>Rav Schachter cited by [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)] and Rav Aviner agreed.</ref> while others hold that one can't fulfill one's mitzvah at all.<ref>Rav Dovid Feinstein cited by [http://podcast.headlinesbook.com/e/coronavirus-what-the-halacha-tells-us/ Rabbi Fink] and [https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)]</ref> See this topic explained more fully here: [[Brachot_Through_a_Microphone]].

==Netilat Yadayim==

#If a person wants to wash his hands with soap and wash [[Netilat Yadayim for a meal]], one should first wash Netilat Yadyaim for the meal, dry the hands, recite the bracha, and then wash one's hands with soap and then recite the Hamotzei.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 30-34)]</ref>

==Shabbat Davening==
===Friday Night===

#Although the reason for reciting Shalom Alechem on a Friday night is that the angels accompany you home from shul and you welcome them to your home, if one was unable to attend shul on a Friday night, he would still sing Shalom Alechem.<ref>[https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 28:30 in the name of Rav Moshe Feinstein, because Hashem will not punish you by not sending the angels when you weren't able to attend</ref>

===Davening for the Sick===

#It is generally prohibited to daven on Shabbat for our needs or for the well-being of a sick person. However, if the person is in a state of mortal danger one may daven for his well-being on Shabbat.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref> See [[Shabbat_Davenings#Personal_Requests]] for all of the details of this topic.

===[[Kriyat Hatorah]]===

#A person who is at home and can't be at shul should nonetheless read the parsha from a chumash between Shacharit and Mussaf as a way of remembering the concept of kriyat hatorah. He can use that reading as part of his reading of [[Shenayim Mikra Vechad Targum]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] quoting Rabbi Willig. [https://www.star-k.org/videos.php Rabbi Moshe Heinemann] around minutes 7-10 agrees that you should do so on Shabbat, but that it is not necessary on Monday and Thursday. </ref> Some think this doesn't accomplish anything.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)]</ref>
#When the congregation misses a kriyat hatorah they can make it up by reading two parshiyot next week in Shul. However, if they miss multiple weeks there is a discussion if they should or could make up all of the parshiyot that they missed.<ref>[https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Rabbi Aryeh Lebowitz] based on Rama and Magen Avraham</ref>
#A person should not move a sefer torah out of a Shul for a home minyan.<ref>[https://drive.google.com/file/d/14IUOs2OOMhloqYwnbv3iKGrWS6GbYGId/view?usp=drivesdk Rabbi Yonatan Nacson in Laws of Praying Byachid (p. 10)] citing Rav Asher Weiss</ref> See [[Respecting_a_Sefer_Torah#Transporting_a_Sefer_Torah]] for more details.
#There still is an obligation of [[Shenayim Mikra Vechad Targum]] when the there is no congregation doing the Kriyat Hatorah in shul.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950291/rabbi-hershel-schachter/piskei-corona-8-krias-hatorah/ Rav Schachter (Piskei Corona #8)</ref>
#One doesn't recite [[Baruch Shemey]] when praying by oneself since it is part of the activity of removing the Sefer Torah.<ref>Mishna Brurah 134:13</ref>

===Anim Zemirot===

#A person davening alone doesn't have to recite Anim Zemirot.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951536/rabbi-hershel-schachter/piskei-corona-24-anim-zmiros-without-a-minyan/ Rav Schachter (Piskei Corona #24)] explains that anim zemirot was instituted only for a minyan, and according to Rav Soloveitchik was considered a [[dvar shebekedusha]].</ref>

==[[Hagomel]]==

#A person who was quarantined and got out of quarantine doesn't recite Hagomel since they were in no danger.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref>
#A person needs to recite [[hagomel]] in front of a [[minyan]] of ten men. Some suggest that this can be recited before ten people listening on a video or phone call and can answer amen. Even though they aren't present, the minyan in this context is purely to publicize the idea so it is permissible.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards middle)]</ref> Others disagree and as long as the minyan isn't in the same room one can not recite hagomel.<ref>Divrei Dovid 4:3</ref>
#According to Ashkenazim, if a person is ill with a sickness to the point that he is a choleh sheyesh bo sakana, a concern of mortal danger, he should recite Hagomel, but if he less sick than that there is no need to recite Hagomel.<ref>Rama 219:8, [http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2015, min 11)]</ref> Sephardic tradition is to recite Hagomel anytime someone was sick in bed such as with a flu or bad cold even for a short period of time.<ref>[https://itorah.com/global-search/birkat%20hagomel Rabbi Mansour ("Saying Birkat Hagomel Within 3 Days and Laws of Birkat Hagomel Following A Sickness")]</ref>

==[[Bedikat Chametz]] and [[Biur Chametz]]==

#A person should do bedikat chametz after praying by oneself at Tzet Hakochavim and then immediately begin the bedika. They should not have a meal within a half hour of the bedika.<ref>[https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 1-5)],[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Meir Elbaz (min 17-8)]</ref>
#Because one can't do a large communal Chametz burning because gatherings aren't safe and even doing it with a few people at a time can look to non-Jews as unsafe. Rather one should just do biur chametz with a Kezayit by flushing it down the toilet.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]. [https://www.jpost.com/Israel-News/Chief-Rabbis-Dont-leave-home-to-burn-chametz-for-Passover-623072 Rav Yitzchak Yosef and Rav David Lau] said that one should not go outside to burn chametz or kasher pots.</ref>
#A person should sell chametz in the house or office if he left there before he had the chance to do a bedikat chametz. By selling the chametz there he is absolving himself of having to do bedikat chametz.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950401/rabbi-dan-cohen-rabbi-meir-gavriel-elbaz/pesach-prep-simplified/ Rav Elbaz (min 26)], Rav Asher Weiss (Teleconference, March 29 2020 11am)</ref>

==Selling [[Chametz]]==

#If a person doesn't usually [[sell chametz]] and is afraid that if he doesn't sell chametz one year he isn't going to have food afterwards he can sell his chametz. He wouldn't require a [[hatarat nedarim]].<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 20)], [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 9-11)]. [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)] explained the reason why the hatarat nedarim isn't necessary. [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at around 46:45 agrees that if there is a big loss one can be lenient and sell chametz and it would not require hatarat nedarim, although he isn't so sure that it would be a big loss to an individual.</ref>
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref>
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref>
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after pesach.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref>

==Buying for Pesach==

#If you have raw chicken or raw meat you don't have to worry that it is chametz even if it was processed in a place where there was chametz. You can simply wash it off to solve any question.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 11-15)]</ref>

==Kitniyot==

#Out of a concern of the coronavirus, this year some poskim permit taking vitamins which have additives of [[kitniyot]] in order to stay healthy and to strength one's immune system.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref>
#Someone with Crohn's disease and needs to drink an enriched milk with kiniyot additives for his health can do so on Pesach. Also, he can do so within 6 hours after eating meat (see [[Waiting between Meat and Milk]]).<ref>[https://www.yutorah.org/lectures/lecture.cfm/950289/rabbi-hershel-schachter/piskei-corona-7-kitniyos/ Rav Schachter (Piskei Corona #7)]</ref>

==[[Kashering for Pesach]]==

#Some poskim allow [[kashering a dishwasher]] for Pesach even though there are plastic and other materials in there that are questionable to kosher. One should wait 24 hours without using it and then use with just hot water and no soap. According to Ashkenazim this should be used to kosher it from Chametz but not from meat to parve or milk or vice versa.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-3-Mar-26-2020.pdf Rav Herschel Schachter (teshuva Rosh Chodesh Nissan 5780)]</ref>
#Some hold that one can kasher plastic, while others disagree. See on the [[Kashering_the_Kitchen_for_Pesach#Which_materials_can_be_kashered.3F]] page.

==Pesach Davening==
===Hallel Pesach Night===

#There is a custom of Sephardic and some Ashkenazic communities to recite Hallel Pesach night in Shul. However, being that the current situation demands that a person needs to remain inside there is no way to fulfill this minhag and should not recite Hallel after davening. Rather one should only recite it at the Seder.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Hershel Schachter (Piskei Corona #9)]</ref> Some Ashkenazic poskim would allow reciting a bracha.<ref>Rav Asher Weiss (Minchat Asher Corona p. 73-4) writes that a person who has the practice to recite the Hallel the night of the seder after davening can do so with a bracha even when davening individually.</ref>
#According to Sephardim, one should recite Hallel the night of the seder after davening with a bracha even though one is davening at home.<ref>Yachava Daat 5:34, Teshuva written by Rabbi Mordechai Lebhar author of Magen Avot (Erev Shabbat Hagadol 5780), Kaf Hachaim 487:38-42</ref>

===Shir Hashirim on Chol Hamoed===

#Ashkenazim generally have the custom to read Shir Hashirim on Shabbat Chol Hamoed Pesach. This year since there is no minyanim available, when one davens at home individually, there is no obligation to read Shir Hashirim. One may do so but it isn't in fulfillment of the minhag.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950655/rabbi-hershel-schachter/piskei-corona-13-shir-hashirim-on-chol-hamoed-pesach/ Rav Schachter (Piskei Corona #13)]</ref>

===Tefillat HaTal===

#One can recite the piyut for tal on Pesach was only instituted for a congregation, however if one wants to recite it one may do so.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref>
#In Mussaf everyone should stop saying [[Mashiv Haruach Umorid Hageshem]] and instead recite Morid Hatal because one is davening individually and one may not change from the practice of saying Mashiv Haruach of the congregation until the Shaliach Tzibur has done so and this year there are no minyanim switching at mussaf. After Mussaf, starting with Mincha, one should follow their regular minhag if they usually recite Morid Hatal or not.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950285/rabbi-hershel-schachter/piskei-corona-9-hallel-on-pesach-night-and-tefillas-tal/ Rav Schachter (Piskei Corona #9)]</ref> See [[Mashiv_HaRuach_UMorid_HaGeshem#When_to_Stop_Morid_Hageshem_and_Start_Tal]] for the background.
#For Sephardim, one may begin to recite Morid Hatal in Mussaf even though he praying individually and there is no minyan nearby.<ref>Kaf Hachaim 114:8 and Halacha Brurah v. 6 p. 145 rule that the primary halacha is that there's no prohibition to begin to start to say Morid Hatal before the Shaliach Tzibbur. It is only forbidden for an individual to begin Mashiv Haruach Umorid Hageshem before the congregation does. This is the approach of the Bet Yosef citing the Ran, Pri Chadash, and Maamar Mordechai, unlike the Raavad cited by the Tur 114:2. However, in a regular year, the Kaf Hachaim and Halacha Brurah recommend being strict for the Raavad to have the Shaliach Tzibur announce before the Mussaf that everyone should begin to say Morid Hatal.</ref>

==Machine Matza==

#It is permitted under extenuating circumstances to use [[machine matza]] for the mitzvah of eating matzah on the seder night.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. This is acceptable for Sephardim as well even with a bracha as described by Rav Ovadia Yosef in Yachava Daat 1:14 and Chazon Ovadia (Pesach Hilchot Leil Haseder 5763 Edition p. 76). [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that one should really used hand baked matzah but if one can't acquire any then one can use machine matzah. [https://yeshiva-university.zoom.us/rec/play/uMB7I-D--j83ToDAtgSDUaJ7W9Xueqis0nRK-6FfmUm0VSMBZ1qjYLIbZbHenouY882eTH8fEnI5K7DA?startTime=1585587811000&_x_zm_rtaid=5PWyeRatQdGWZ2q1UH7K6w.1585657713810.05dafc99f0c11cb46ffb1a63ddd87e47&_x_zm_rhtaid=904 Rav Willig (min 2)] has a similar approach.</ref>
#Some say that there's no concern to have the hand baked matzot this year.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 19) said that there's no concern to use the hand-baked matzot since they were baked earlier in the year. His personal minhag is to have only hand baked matzot. In terms of using machine matzah he felt that it is only a chumra not to use them even for the mitzvah of motzei matzah and one could use them if there's no other option.</ref>

==[[Eruv Tavshilin]] and [[Eruv Chatzerot]]==

#A rabbi should establish an eruv tavshilin on behalf of his whole community. Even though usually he acquires it to another person who isn't a family member on behalf of the community, this year because of social distancing one can acquire it to one's wife. <ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)]</ref>
#An eruv tavshilin works to allow cooking from Yom Tov to Shabbat even though it isn't possible to have guests in most cases.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that usually we use the concept of ''hoil'', since guests might arrive who can eat the food one cooked, to permit cooking from one day of Yom Tov to Shabbat. However, this year that seems not to be applicable. Rav Schachter explained based on the Maharam Chalavah that ''hoil'' doesn't necessitate that one actually have guests or even have the ability to have guests, it is rather a halachic principle since objectively it is possible to have guests the eruv is effective.</ref>
#The communal eruv chatzerot continues to be effective even though the communal box of matzah's might not be accessible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951181/rabbi-hershel-schachter/piskei-corona-19-eruv-tavshillin-and-eruv-chatzeiros-and-social-distancing/ Rav Schachter (Piskei Corona #19)] explained that since theoretically it is possible to get the box alone for a few minutes it isn't completely inaccessible (see Har Tzvi OC 2:16).</ref>
#It is permissible to wear a surgical mask on Shabbat outside and it isn't [[carrying]] as long as it is fastened well and won't fall off.<ref>[https://itorah.com/daily-halacha/lecture/may-one-wear-a-surgical-mask-on-shabbat-in-a-public-domain/3803 Rabbi Mansour]</ref>

==Birchat Ha'ilanot==

#One can recite birkat hailanot from indoors if one can see the trees but one may not recite them by seeing the trees on a video.<ref>Ateret Paz p. 154-6</ref> See the [[Birchat HaIlanot]] for more details and sources.

==[[Tanit Bechorot]]==

#A person should try to finish a short masecheta to make his own siyum.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref> Some say that learning one masechta with Bartenura is sufficient.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref>
#Many poskim say that he can rely on a siyum over the phone or video livestream.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)]. [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]. [https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 1-4)] explained that Rav Schachter and Rav Shlomo Zalman Auerbach hold that it is enough to listen and join with the siyum over the phone or video call. However, other poskim don't like this leniency. Rav Asher Weiss (Teleconference March 22 2020, min 7) agreed that one can be yotzei with a siyum over the phone or video for the tanit bechorot. [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 6)] agreed that this year you can be yotzei the siyum over the phone since it is an extenuating circumstance. [https://youtu.be/Yo6IJi2V-bw Rav Avigdor Nevinsal] agreed that you can be part of a siyum over the phone and the meal one has afterwards is a seudat mitzvah. [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim] holds that it is better to make a siyum oneself even on a tractate of mishna but if that's not possible one can listen on the phone.</ref>
#Some say that in the event one can't make one's own siyum or even hear someone else's, one doesn't need to fast this year in order to maintain strength in this time of a health crisis.<ref>[https://itorah.com/daily-halacha/lecture/ta-anit-bechorot-during-the-coronavirus-pandemic/3802 Rabbi Mansour]</ref>

==Birkat Halevana==

#Ideally one should recite birkat halevana outdoors.<ref>Rama 426:4</ref> If one can not do so one can recite Birkat Halevana from inside but initially one should open the window.<ref>Pri Megadim M"Z 426:4, Mishna Brurah 426:21</ref> See the [[Birkat HaLevana]] page.

==Chol Hamoed==

#One can't buy stocks or sell them on Chol Hamoed, however, if not selling them could lead to a loss of one's original capital that one invested one can sell it.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref>

See [[Chol Hamoed]] for many details.

==Using Zoom for the Seder==

#Although a minority of rabbis allow using Zoom for this emergency situation in a very extenuating circumstance where an elderly single person is alone for the seder away from family because of the quarantines to use technology to leave a video conference going for Yom Tov to join with a family seder,<ref>[http://www.israelnationalnews.com/News/News.aspx/277764 Rabbi Eliyahu Abergel and other rabbis]</ref> most rabbis consider this to be a breach of halacha.<ref>Rav Asher Weiss (Teleconference March 22 2020 11am, min 39; teshuva in Minchat Asher Corona pp. 75-6), [http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 20-22)], [https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]. Rav Willig's held that it is absolutely forbidden and it is a tremendous zilzul Shabbat besides questions of others prohibitions of Shabbat.</ref> There is a discussion if the firstgroup of rabbis retracted.<ref>[https://vosizneias.com/2020/03/24/the-heter-for-zoom-at-the-seder-is-incorrect-and-should-be-retracted/ Rabbi Yair Hoffman] describes how 3 of the original signers of the lenient ruling would only permit under life and death needs and not in general. However, [https://www.jpost.com/israel-news/zoom-passover-seder-rabbis-hit-back-at-critics-622494 another article] describes how some of the original rabbis who were lenient confirmed their opinions.</ref>
#It is suggested to perform a pre-pesach zoom seder for people who you can't invite to your seder in order to share divrei torah, songs, and the experience of the seder before Yom Tov.<ref>[https://www.inn.co.il/News/News.aspx/432065 Rav Yosef Tzvi Rimon]</ref>
#For someone who is clinically depressed to the point that there is a concern of suicide or just losing one's mind it is permitted to use a phone to call him to cheer him up and check on him. However, if there's a way to check the patient before Pesach one should do so.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Herschel Schachter (teshuva Adar 29 5780)]. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 24)] agrees that we violate Shabbat for someone who is suicidal but they can use the phone.</ref> A person should check with his rabbi in each case.
#A person should recite Ha lachma anya this year as one would any other year, even though that phrase is a call for inviting guests and this year that is impossible.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951299/rabbi-hershel-schachter/piskei-corona-21-can-we-say-kol-dichfin-this-year-/ Rav Schachter (Piskei Corona #21)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref>

==[[Sefirat Haomer]]==

#If someone couldn't get a hair cut because the barbers were all closed before Pesach, then if one reached the point when it very noticeably long and people would tell him to get a haircut he can take a haircut during [[Sefira]]. Today it can be estimated that if it has been more than 2 months since his last haircut he can take a haircut during the Sefira.<ref>https://www.yutorah.org/lectures/lecture.cfm/950659/rabbi-hershel-schachter/piskei-corona-16-haircuts-on-chol-hamoed-and-sefira/ Rav Schachter (Piskei Corona #16)</ref>

==Mikveh==

#Each community rabbi needs to decide these sort of questions however in theory it is possible for the Mikva to remain open and allow women who aren't having symptoms or aren't quarantined to go to Mikva. They should be extra careful about hygiene and prepare completely at home, go to the Mikva where there is no contact with anyone besides a brief contact with the water which has chemicals for cleanliness. Then upon returning home there are poskim who allow the woman to take a shower when she gets home to clean herself off.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/950654/rabbi-hershel-schachter/piskei-corona-12-showering-after-the-mikvah/ Rav Hershel Schachter (Piskei Corona #12)], [https://www.torahanytime.com/#/lectures?v=105574 Rabbi Shay Tahan]. Rav Asher Weiss (March 29 2020) said it is obviously permitted to overlook the chumra of not showering when the woman returns from mikveh at these times.</ref>
#On Shabbat, if a woman goes to mikveh she can not take a hot shower when she gets back since turning on the hot water is causing cold water to enter the boiler and cook. Rather she should either decide to take a completely cold shower or delay the mikveh until Motzei Shabbat. She should also not decide not to take a shower at all because one shouldn't do something unsafe when there's an option to delay going to mikveh.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref>
#On Yom Tov, according to those who are lenient to permit [[showering on Yom Tov]], when a woman returns from the mikveh should do so. Rav Schachter's opinion is that it is only permitted to take a shower on Yom Tov with water that is just hot enough to remove the chill from the water (less than lukewarm). If she decides she doesn't want to take such a shower, she should delay going to mikveh until after Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]</ref>
#The OU has established [https://www.ou.org/covid-19-and-the-mikvah-recommended-protocols/?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=Mikvah%20Guidance%20(1)&utm_content=&spMailingID=32100310&spUserID=MTM2NTc0Mjg0NTYwS0&spJobID=1683098314&spReportId=MTY4MzA5ODMxNAS2 health guidelines] in order to allow a mikveh to remain open.
#The RCBC also stated that Mikva's are remaining open for the time.<ref>[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter on yeshivaworld.com]</ref>
#The men's mikveh's should be closed at this time. Even if a person is careful to go to mikveh each day he can fulfill this custom by taking a 5 minute shower.<ref>Rav Asher Weiss (Teleconference March 22 2020, min 12)</ref> See [[Preparations_for_Davening#Going_to_Mikveh]] for details.

==Tevilat Kelim==

#Each community should decide whether or not close the kli mikveh out of a safety concern. You can do the [[tevilat kelim]] in the ocean.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref>
#Alternatively, one can use tevilat kelim in the mikvah while wearing gloves, then throw out the gloves, wash off the kelim with soap and water. If the community has other procedures for safety one should observe them.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 3-4)]</ref>
#As a last resort one can avoid tevilat kelim by giving the pots to a non-Jew and borrowing them back. One can rely on this until the virus passes.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949232/rabbi-aryeh-lebowitz/hilchos-pesach-shiur-04-pesach-with-covid-19/ Rav Aryeh Lebowitz (min 5-9)], [https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] said that one could rely upon this if there was no other option. [https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 14-16)] allows selling the kelim to a non-Jew. Rav Yosef Tzvi Rimon (teshuva dated Nisan 1 5780) recommended this.</ref> If one can't sell or gift the pots to a non-Jew oneself one can do so online through [https://nirshamti.co.il/e-%D7%98%D7%91%D7%99%D7%9C%D7%94/ Zomet].
#Another option is for a person to declare the pots that need tevilat kelim to be ownerless (hefker) in front of 3 Jews. One has to have full intent that the pots are ownerless and if someone took them one would have no claim upon them. If these Jews can't be there in person it is sufficient if they are present through social media technology but they should be people who live in the neighborhood. They should then leave the pots outside their house for a few minutes so that if someone wanted to take them they could. <ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 1)], [https://itorah.com/daily-halacha/lecture/if-one-has-new-utensils-which-he-is-unable-to-immerse/3801 Rabbi Mansour]</ref> Others disagree.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 5-12)] said that one shouldn't use the solution to make the pots hefker since you're using the kelim. See Sefer Tevilat Kelim p. 84 based on Maharil Diskin. See S"A Harav 445:1 that hefker that isn't meaningful since you plan to reacquire it isn't a solution. However, Rav Elyashiv and Rav Soloveitchik allowed it in extenuating circumstances. Rav Asher Weiss (Minchat Asher Corona p. 72) writes that one should avoid using new pots and relying on this leniency to mafkir but in an extenuating circumstance one can rely on it.</ref>
#If there's are no solutions, some poskim would allow using the pots without tevilat kelim in this extenuating circumstance.<ref>Rav Asher Weiss (Teleconference, March 22 2020 11am), Rav Yosef Tzvi Rimon (Teshuva dated Nisan 1 5780)</ref>
#Regarding a seder plate and kos shel eliyahu requiring tevilah, see [[Tevilat Kelim]] page.

==[[Brit Milah]]==

#A Brit Milah can be done without a minyan since gatherings aren't safe.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref>
#A grandfather or someone else involved in a brit milah via zoom can recite the naming of the baby but he should not recite the bracha of asher kidash yadid mbeten.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref>

==Naming a Girl==

#Although normally we try to name a baby girl at an aliya to the Torah, a person doesn't need a minyan in order to name a girl and under the circumstances should do so without delay.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Neventzal], [https://www.yutorah.org/lectures/lecture.cfm/950292/rabbi-hershel-schachter/piskei-corona-11-krias-shem-for-a-baby-girl/ Rav Schachter (Piskei Corona Teshuva #11)], [https://vimeo.com/399141271 Rabbi Moshe Heinemann] at about 16:45</ref>

==Bar Mitzvah's==

#[https://www.torahanytime.com/#/lectures?v=105558 A message for Bar Mitzvah Boys in the Lockdown by Rabbi Pesach Krohn]
#A bar mitzvah boy who missed the opportunity to read his parsha in shul when he became bar mitzvah'ed when it is next possible to go to shul he can add his parsha as a hosafa and read it then. Additionally, the haftorah can follow that hosafa.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards end)]</ref>
#The father of a Bar Mitzvah boy who couldn't layn should wait until he can do something that shows he's Bar Mitzvah like layn or daven as Shaliach Tzibbur to make such a bracha.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref>

==Weddings==

#Ideally a wedding shouldn't be pushed off if both parties are ready even though it means having a tiny wedding.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal], [https://www.kimizion.org/maamar/5780_5784/keter.pdf (Keter Yitanu Lecha p. 38)]</ref>
#A rabbi should not officiate at a wedding that isn't abiding by the CDC guidelines of health because he is furthering unsafe practices.<ref>[https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (towards beginning)]</ref>
#It has been asked whether or not the poskim are more lenient this year regarding weddings during [[Sefira]] but the answer is that it is not determined because the situation is still unclear.<ref>[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref> Some are lenient but it is best to schedule for [[Rosh Chodesh]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/950230/rabbi-eliyahu-ben-chaim/passover-with-covid-19/ Rav Ben Chaim]</ref>
#If in this dire situation it isn't possible to have a minyan, it is possible to have a wedding nonetheless without [[Sheva Brachot]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951180/rabbi-hershel-schachter/piskei-corona-18-getting-married-with-less-than-10-men-present/ Rav Schachter (Piskei Corona #18)] explained that although it isn't possible to recite Sheva Brachot and seemingly they forbid the couple to each other without Sheva Brachot in this extenuating circumstance one can rely upon the opinion that the wedding is valid and they are permitted even without Sheva Brachot (see Nodeh Beyehuda EH 1:56). For birkat erusin certainly having a minyan isn't critical (Shulchan Aruch E.H. 34:4) although it is preferable and in this circumstance unnecessary. From Bet Shmuel 64:4 it appears to be a dispute between the Shulchan Aruch and Rama whether one is allowed to have a wedding at all if it is extremely difficult to get a minyan, the Rama being lenient. </ref>
#A minyan for [[sheva brachot]] can not be created via Zoom. Additionally, one can't recite a bracha of sheva brachot for the couple via Zoom.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951300/rabbi-hershel-schachter/piskei-corona-22-participating-in-a-simcha-via-zoom/ Rav Schachter (Piskei Corona #22)]</ref>

==[[Fast Days]]==

#If the rabbis declare a half fast day until [[Chatzot]] according to Ashkenazim an individual can recite [[Anenu]] in Mincha Shemona Esrei<ref>Rama 562:1 writes that Ashkenazim hold that even for an incomplete fast one can recite anenu. Mishna Brurhah 562:48 references this Rama in discussing a fast that was accepted to fast until chatzot. The Mishna Brurah 562:7 cites a debate as to whether one should omit the words צום תעניתנו while reciting עננו in such a scenario as many poskim argue that a half fast is not considered a fast and therefore one would not want to risk speak falsely, particularly when he is speaking to Hashem.

*[https://www.theyeshivaworld.com/news/israel-news/1841977/hagaon-harav-chaim-kanievsky-calls-to-fast-for-half-a-day-on-erev-rosh-chodesh.html Rav Chaim Kanievsky] declared a half fast on Erev Rosh Chodesh Nissan 5780.</ref> assuming he is still fasting when he prays Mincha.<ref>Mishna Brurah 562:6</ref> According to Sephardim one can only recite anenu if one fasts the entire day.<ref>Shulchan Aruch 562:10-11 holds that a incomplete fast is not considered a fast with respect to saying anenu. Therefore if one only fasts until chatzot one should not recite anenu.</ref>
#A person should accept the fast from the day before, as is traditionally done at mincha time. If one didn't do so, according to Sephardim one shouldn't recite anenu, but according to Ashkenazim one can recite anenu.<ref>Shulchan Aruch and Rama 562:5</ref>

==Mezuzah==

#A person should not kiss any mezuzah, or any siddur or chumash of a shul or a public area at this time because of concern of spreading COVID19.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 35)], [https://www.jpost.com/israel-news/chief-rabbi-of-israel-due-to-coronavirus-stop-kissing-the-mezuzah-619753 Chief Rabbi Rabbi David Lau]</ref>

==Shalom Bayit==

#It is critical to be mindful of other people when everyone is under stress and no one is completely comfortable. [https://www.yutorah.org/lectures/lecture.cfm/949205/dr-david-pelcovitz-dr-rona-novick-rabbi-aryeh-lebowitz-rabbi-dr-ari-berman/living-learning-and-thriving-in-the-era-of-covid-19/ Dr. Pelcovitz] discusses the implications quarantine can have Shalom Bayit.
#It is forbidden for a couple to have [[tashmish]] at a night of famine<ref>Gemara Tanit 11a, Shulchan Aruch O.C. 240:12</ref> since everyone is in distress it is incumbent on everyone to take upon himself an aspect of distress.<ref>Mishna Brurah 574:9</ref> The same is true for any time of societal distresses.<ref>Rama 240:12 based on Yerushalmi Tanit. Olot Tamid 240:6 (cited by Kaf Hachaim 240:85) understands the Rama to apply to any type of tragedy that we would declare a fast over.</ref> Others disagree.<ref>Shaarei Knesset Hagedola (Hagahot Tur 240:5) writes that tashmish is only forbidden during a famine, plague of the crops, locusts and the like which cause a famine but not for other tragedies or troubles. Kaf Hachaim 240:85 rules like the Shaarei Knesset Hagedola either because that is the explanation of the Yerushalmi or we don't follow the Yerushalmi.</ref>
#It is permitted to have tashmish on mikvah night.<ref>Shulchan Aruch O.C. 574:11 writes that it is permitted for a couple to have tashish on mikva night. Mishna Brurah 574:11 cites the Magen Avraham who argues with Shulchan Aruch but then he cites the Bigdei Yesha and Nahar Shalom who are lenient and there's what to rely on to follow Shulchan Aruch. Mishna Brurah concludes that certainly one can be lenient at a time when it isn't a famine and it is just another time of distress in the world.</ref>
#It is permitted to have tashmish for a couple who didn't yet fulfill [[pru urevu]].<ref>Shulchan Aruch O.C. 240:12, 574:4, Mishna Brurah 240:47</ref> Once his wife is pregnant this leniency doesn't apply.<ref>Mishna Brurah 574:12</ref>
#If he has a strong yetzer hara and there is a concern of [[hashchatat zera]] it is permitted.<ref>Mishna Brurah 240:46</ref>
#There is what to rely upon to have tashmish at a time of war and there is no midat chasidut to be strict, especially for young couples even for someone who fulfilled pru urevu.<ref>Tzitz Eliezer 13:21</ref>
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref>

==Laid off Workers and Cancelled Contracts Because of Corona==

#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise.

*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref>
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref>
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref> The same is true of a hotel or pesach program that was cancelled.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)] writes that it is important to reach a peshara, compromise, with respect to the question of how much a person should be paid in return for the pesach programs that were cancelled.</ref>

==Yeshiva Tuition==
See previous section about the background for this question.

#Even though the question of whether a person should pay tuition while it is closed is subject to debate a person should make sure to pay in full as the yeshivot do not have enough money and it is critical to give tzedaka at this time, which is a great merit to protect oneself from any danger.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)</ref>

==[[Bikur Cholim]]==

#A person doesn't have to and shouldn't visit someone who has a virus that contagious such as corona.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai (min 3)] explains that although the Rama in a teshuva and Knesset Hagedola hold that one should visit the sick even if they have a contagious disease, the Shulchan Gavoha and others disagree and that is the halacha.</ref>
#A person fulfills the mitzvah of bikur cholim on the phone according to many poskim.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Shlomo Aviner (Keter Yitnu Lecha p. 34)] citing Igrot Moshe YD 1:223 and Tzitz Eliezer 8:5. Rav Aviner added that the main idea of bikur cholim is to do what is best for the patient and in our context that is to call.</ref>
#Someone who is praying for a mortally ill patient to get better and doesn't know if he is still alive should pray for his well-being and not specifically for him to get better.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951537/rabbi-hershel-schachter/piskei-corona-25-davening-for-the-sick/ Rav Schachter (Piskei Corona #25)]</ref>

==Burial and Mourning==
===Burial===

#Each place should follow the guidelines that are in place for safety. If a minyan isn't possible, then the next thing that is to try to have is Jews doing the burial. If they don't even let that, then afterwards a Jew should check that the burial by the non-Jews was done properly in the ground.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Mordechai Willig (min 26-8)]. [https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)] said that they should specifically have as few people as possible for the burial and maybe just the workers and that too fulfills the mitzvah of burial.</ref> It is forbidden to cremate and it is still considered not dangerous to properly do a burial with no tahara and minimal involvement of the fewest people or simply the cemetery workers.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref>
#At this time the chevra kadisha should not perform a tahara for the deceased since it could lead to danger.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951298/rabbi-hershel-schachter/piskei-corona-20-tahara-for-meisim/ Rav Schachter (Piskei Corona #20)]</ref>
#A person who was buried in America because of the corona virus but was planned to be buried in Israel can later when the virus isn't an issue be reburied in Israel, even though generally we don't rebury someone who was buried.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref> See the topic of [[Laws_and_Customs_of_a_Funeral#Under_What_Circumstances_is_it_Permitted_to_Move_Someone_Buried.3F|reburying a corpse]] in general.
#Regarding burials on Yom Tov and Yom Tov Sheni, see [https://www.yutorah.org/lectures/lecture.cfm/951790/rabbi-hershel-schachter/piskei-corona-28-guidelines-for-burial-on-shabbos-and-yom-tov/ Rav Schachter's Guidlines for burial on Shabbat and Yom Tov]

===Kriyah===

#The rabbi could do the [[Kriyah]] for the mourner with gloves and a mask or he can simply tell the mourner to do it.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 29)]</ref>

===Avelut===

#A person who is no going to be involved in the burial anymore because the deceased was given to the chevra kaddisha then he is not considered an [[Onen]] anymore and should begin [[Avelut]] (mourning). However, if he is going to call relatives to tell them about the levaya then he is still an [[Onen]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>. If he is going to watch the burial with Zoom or listen on the phone it is unclear if he is still an Onen.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)] isn't certain if a person involved in the burial merely because he is watching via Zoom is still considered an Onen. [https://www.yutorah.org/sidebar/lecture.cfm/839779/rabbi-asher-bush/%d7%94%d7%aa%d7%97%d7%9c%d7%aa-%d7%90%d7%91%d7%99%d7%9c%d7%95%d7%aa-%d7%9c%d7%9e%d7%99-%d7%a9%d7%90%d7%99%d7%a0%d7%95-%d7%a0%d7%9e%d7%a6%d7%90-%d7%91%d7%a7%d7%91%d7%95%d7%a8%d7%aa-%d7%90%d7%91%d7%99%d7%95-%d7%95%d7%9e%d7%a9%d7%aa%d7%aa%d7%a3-%d7%a2-%d7%99-%d7%94%d7%98%d7%9c%d7%a4%d7%95%d7%9f/ Rav Asher Bush] wrote based on MPeninei Harav p. 202 that he considers someone phoning into a burial to not be an Onen unless they're going to ask him questions about the burial.</ref>
#On [[Erev Pesach]] if someone is buried before [[Chatzot]] (midday) the relatives should observe [[Avelut]] (mourning) before Chatzot and then at Chatzot it is considered like a Yom Tov and the rest of the [[Shiva]] is cancelled. If the person is buried after [[Chatzot]] they should observe Avelut before Yom Tov and then the Yom Tov will come and cancel the rest of [[Shiva]].<ref>[https://www.yutorah.org/sidebar/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>
#A mourner shouldn't eat his first meal after the burial, the [[Seudat Havrah]], from his own food; other should provide that food. If at this time when people are concerned for COVID19 and might not send food, if the mourner knows that he isn't going to be sent food, he can eat the first meal from his own food.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951535/rabbi-hershel-schachter/piskei-corona-23-temporary-burial-in-chu-l-and-issues-of-aveilus/ Rav Schachter (Piskei Corona #23)]</ref>

===Kaddish and Iyluy Neshama===

#Under the circumstances a person can not recite the kaddish because minyanim aren't available. Therefore, a person should take upon himself to learn mishnayot for the deceased.<ref>Rav Asher Weiss (Minchat Asher Corona pp. 58-9)</ref>

See [[Practices_in_the_Mourner%27s_House#Iyluy_Neshama]] and [[Kaddish]] pages.

==[[Kibbud Av Vem]]==

#If one's parents ask him to do something which the department of health has deemed unsafe a person should not listen to his parents in such a case and that isn't a breach of Kibbud Av Vem.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-2-Mar-25-2020.pdf Rav Schachter (Teshuva Adar 29 5780)], [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal]</ref>

==Violating Shabbat for [[Pikuach Nefesh]]==
'''On Shabbat or Yom Tov, if anyone has any concern whatsoever that they are in serious danger because of deteriorating health, they should immediately call a doctor or [[Going_to_and_Staying_in_the_Hospital_on_Shabbat|go to the hospital]].'''

#It is a well established halacha that it is not only permitted but even a mitzvah to violate [[Shabbat]] in order to safe a life or to remove a situation that presents even a slight chance of danger.<ref>Shulchan Aruch O.C. 328:13</ref> The question is how to define the threshold of danger.<ref>[http://nleresources.com/2020/03/rav-asher-weiss-coronavirus-in-halacha/#.XnoNOIjYrIU Rav Asher Weiss (March 15 2020, min 18-22) to Beit Midrash Gavoha] explained that the definition of danger in order to violate Shabbat isn't defined by statistics. For vaccinations we assume that it is a sakana not to vaccinate even though the odds of dying because of the measles is low. Since it is preventable it is incumbent upon us to vaccinate. He concludes that as long as it is a natural phenomenon and there is an action that we can do to prevent deaths we must do so.</ref>
#In certain cases of emergency regarding corona virus it would be allowed to violate Shabbat.<ref>[https://www.theyeshivaworld.com/news/headlines-breaking-stories/1841156/harav-zilberstein-answer-telephone-on-shabbos-if-awaiting-results-of-coronavirus-test.html Rav Zilberstein] allowed a patient to answer the phone on Shabbat with a [[shinuy]] only to hear the results of a test and answer questions for epidemiological investigation. If the test results that show that a patient has the virus are produced on Shabbat it is incumbent for the health department to deal with the quarantine then and it is permitted to answer the phone for that.</ref> Obviously every single case is different and one should learn the laws of Pikuach Nefesh from a rabbi in advance.
#If a person is discharged from the hospital on Shabbat and they need him to leave because of the lack of space that they have because of the numbers of people who are ill, his family member can drive to get him. They should do a [[Shinuy]] when turning on the car like turning the key with one's weaker hand, or pressing the button on the key with one's knuckle. Also, when turning off the car one should use a Shinuy.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950282/rabbi-hershel-schachter/piskei-corona-6-pikuach-nefesh-on-shabbos/ Rav Schachter (Piskei Corona #6)]</ref>
#If a relative is in the hospital and the family members would call the hospital that would indicate to the doctors and nurses that the family cares and the patient will receive better treatment, it is permissible to do so on Shabbat or Yom Tov.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951791/rabbi-hershel-schachter/piskei-corona-29-calling-the-hospital-on-shabbos-or-yom-tov-to-advocate-for-relatives/ Rav Schachter (Piskei Corona #29)]</ref>

==Doctors Working in the Hospital==

#Regarding the larger issue of halachic triage see [https://www.yutorah.org/lectures/lecture.cfm/951531/rabbi-hershel-schachter/piskei-corona-15-triage-in-medical-decisions-updated-/ Rav Schachter (Piskei Corona #15 Updated)]. Here is a relevant [https://docs.google.com/document/d/1CtQ_XHzQarzg_0PEQODCO1ATKlM_cEmvPsXa8kdpgJA/edit sourcesheet on Halachic Triage]. [https://aiayk.org/pesachaudio/ Rav Asher Weiss (Teleconference April 6 2020, min 5-15)] discusses triage in halacha and what doctors should do.<ref>Rav Asher feels that there are only two factors that we consider for halachic triage: give precedence to someone who is in immediate danger, and give treatment to whoever has a better chance for survival. Age or spiritual need for the community are not factors for precedence.

*Rav Asher says that for choleh shebifanenu the knowledge that another choleh is going to come in soon is considered pikuach nefesh if will with certainty be helpful. Therefore, if an older patient comes into the hospital but they know a younger patient is going to come in, they can consider them as though they came in together and treat according to who is in immediate danger and who has the better chance to live. Rav Schachter felt the same way in his teshuva.
*If a hospital has a certain regulation, does he need to disregard the hospital protocols? Rav Asher Weiss felt that the doctors should not disregard hospital protocol, for multiple reasons but partly because if he doesn't he'll lose his license and having more able doctors at this time is pikuach nefesh.
*Pulling a patient off a ventilator because someone entered the hospital who has a better chance of living, Rav Asher (min 27) felt is forbidden. Rather the doctor should say that he feels uncomfortable to do this and should let another doctor do it. Rav Schachter felt that one should try to convince the older patient to sign a DNR at that point in order to save the younger patient.</ref>
#A doctor may and is encouraged to perform a life saving procedure if he is wearing the correct protective gear.<ref>[https://aiayk.org/pesachaudio/ Rav Asher Weiss (Aguda Teleconference, April 6, 2020, min 18-22)] explains that you can’t put yourself in danger. However, you can if you’re saving someone from an immediate danger and you’re putting yourself in minimal danger then it is a middat chasidut to do so. Therefore, a doctor should do mechanical ventilation CPR on a COVID19 patient if he has the correct protective gear.

*Rav Asher (min 33) allowed sharing ventilators when the doctors see fit in order to save another life because moving a patient from a single ventilator to a shared ventilator isn't considered doche nefesh mipnei nefesh since it isn't proven to be dangerous to use a shared ventilator. He also cited the Chazon Ish regarding turning the arrow to the side killing fewer people to save more people.
*Rav Asher (min 38) said that a doctor who isn't in that particular field or is retired or has vacation doesn't have to volunteer but his doing so would be a middat chasidut. However, if he is endangering himself such as if he's over 70, he is immune compromised, or has a family member who is, then he shouldn't volunteer.</ref>
#A doctor returning from the hospital on Shabbat and needs to shower for health reasons so as not to catch the corona virus on his body or clothing, may do so. If he can manage with a cold shower, he should do so. If he can't, he may turn on the hot water with a [[shinuy]].<ref>[https://www.yutorah.org/lectures/lecture.cfm/951538/rabbi-hershel-schachter/piskei-corona-26-showering-when-returning-home-from-the-hospital-or-the-mikvah-on-shabbos-or-yom-tov/ Rav Schachter (Piskei Corona #26)]. See there for how he distinguishes this from the woman returning from the mikveh on Shabbat.</ref>

==[[Mesira]] and Rodef==

#If your doctor actually ascertains that there is a sakanat nefashot, mortal danger, involved with a certain large gathering that someone is doing then it is permitted to tell the authorities. However, otherwise it is forbidden because of informing upon another Jew ([[mesira]]). This can be a very difficult measure to actually properly assess.<ref>[https://www.dropbox.com/s/tgm9gww30vkgw7s/_Rabbi_Willig_Shailos_03_25_2020_.mp3?dl=0 Rav Willig (min 41)]</ref>
#Some hold that if a person is supopsed to be in quarentine and they are not they are considered a rodef. However, obviously one should first speak to him and convince him to do what is safe.<ref>[https://www.kimizion.org/maamar/5780_5784/keter.pdf Rav Aviner (Keter Yitnu Lecha p. 36)] citing Rav Zilberstein</ref>

==Links==

*[https://youtu.be/Yo6IJi2V-bw Rav Nevinsal Q&A about Corona]
*[https://rabbidunner.com/coronavirus-qa-with-rav-hershel-schachter/ Transcription of Q&A with Rav Schachter by Rabbi Dunner]
*[https://www.theyeshivaworld.com/news/featured/1839350/no-shul-yeshivas-shabbos-guests-levayos-shiva-vaad-harabanim-of-bergen-county-releases-letter.html RCBC letter calling for the closing of Shuls and Schools]
*[http://www.torahweb.org/ TorahWeb] hosts many resources for Corona halacha including Rav Schachter's Teshuvot
*[http://www.kolcorona.com/ KolCorona.com] a Torah resource, initiated by Rabbi Reuven Taragin, for those affected by Corona

==Sources==
<references />
[[Category:Orach Chaim]]

Reference of Measurements in Halacha

2019-08-09T01:25:59Z

Ezralevy: /* Olot HaShachar */

[[Image:Measuring Tools.png|200px|right]]
There are many different [[measurements]] used in the Torah and classical Rabbinic Seforim, which are important for daily living. An example is the specific amount of wine that [[Kiddush]] is made on: One [[Revi'it]]. If one doesn't know how much a [[Revi'it]] is, how can one fulfill the Mitzvah properly?
The modern day equivalents for many Hebrew [[measurements]] are discussed below.
In addition, discussed below are many Halachic times which also matter for everyday use.
==Food or Drink==
===Kezayit===

#According to Ashkenazim, all sizes are measured in volume and not weight.<ref>Mishna Brurah 456:3, Vezot HaBracha (pg 6) </ref> However, according to Sephardim the actual halacha is that measures are in volume but the minhag is to follow the measures in weight. <ref>See Yalkut Yosef (Klalei [[Brachot]] pg 195-202) who discusses this at length. However, see Or Letzion (Vol. 3, Introduction) who argues that the custom to use weight is only for foods which have similar density to water, but for other foods (like Matza) one would use volume. Halacha Brurah 210:2 rules that the kezayit is measured by volume and not weight. See Otzrot Yosef 8:9. </ref>
#There’s a dispute in the Rishonim whether the [[Kezayit]] (olive size) is a half or third of a [[KeBaytzah]] (egg size), and regarding [[Bracha Achrona]] and Deoritta Mitzvot, the halacha follows the opinion that a [[Kezayit]] is half a KeBeytzah. <ref>*Mishna Brurah 486:1 writes that the Tosfot holds a [[Kezayit]] is half of a KeBeitzah with the shell and the Rambam holds it is a third of a KeBeitzah (see Tosfot (Yoma 80b s.v. Agav), Rambam (Eiruvin 1:9)). S”A 486 rules like Tosfot. Rav Avraham Chaim Noeh (Shiurei Torah 3:12) argues that Tosfot holds half a KeBeitzah without the shell.
*What's the halacha? Mishna Brurah 486:1 rules that for Deoritta Mitzvot and [[Bracha Achrona]], one should eat the size of half a KeBeitzah, but for Derabbanan Mitzvot, one third suffices. He adds that since one has to make a Bracha on [[maror]], one should eat half a KeBeitzah.
*Chazon Ish 39:17 decided that we could be lenient like the Rambam. see below for an exact amount according to Chazon Ish</ref>
#According to Rav Chaim Noeh, the [[Kezayit]] for Deoritta measures (eating [[Matzah]]) and [[Bracha Achrona]] is 27cc. The Chazon Ish’s opinion is that the [[Kezayit]] is 33.3 grams (1.3 oz). <ref>*The Tzlach (Pesachim 116b) holds that the modern day eggs are half the size of those in the days of Chazal. However, Rav Noeh (Shiurei Torah Shaar 3) argues that the modern day eggs have not changed from the days of Chazal. Mishna Brurah 486:1 writes that for the mitzvah deoraitta of [[matza]], one should follow the stringent view of the Tzlach. see Rav Shlomo Wahrman (Orot Haesach 28) who explains why there is no need to say that the eggs have shrunk since the times of the Gemara. see also Maaseh Rav 74, where it says that the Gra accepted the position of the Tzlach.
*Practically, how much is a [[Kezayit]]?
**(1) Rav Chaim Noeh in Shiurei Torah (3:11, pg 191, 5707) writes that for Deoritta Mitzvot one should eat 28.8cc, however, in Shiurei Tzion (p. 70, 5709) he writes that it is 27cc. Vezot HaBracha (Birur Halacha 1) explains that Rav Chaim Noeh retracted from his original ruling.
**(2) Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) quotes the Chazon Ish that a [[Kezayit]] is 2/3 of a modern egg and an egg can possibly be up to 55cc. Therefore, Vezot HaBracha (Birur Halacha 1) writes that the Chazon Ish holds that 33.3cc is a [[Kezayit]]. The Chazon Ish's opinion of [[Kezayit]] is partially based on the opinion of the Tzlach. see also Chazon Ish in Hilchot [[Shabbat]] 39.
**(3) Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Kezayit]] is 31.2cc. [However, Rabbi Bodner in Halachos of K’zayis (p. 24) writes that Rav Dovid Feinstein told him that Rav Moshe never measured the eggs himself and it was his student who calculated 1.1oz, but that if his calculations were more precise he should use those. Therefore, Rabbi Bodner rules, based on his own calculations, that a [[Kezayit]] is 27.2cc.]
**(4) Rav Mordechai Willig ([http://www.yutorah.org/lectures/lecture.cfm/760487/Rabbi_Mordechai_I_Willig/How_Much_Matza_Do_You_Need_to_Eat Pesach To-Go, Nisan 5771], p. 60) is of the opinion that the size in volume of a kezayis is 22.5 cubic centimeters.
</ref>
##The minhag of the world and many other authorities is to follow Rav Chaim Noeh’s opinion. <ref>Vezot HaBracha (pg 6, Birur 1, pg 221) quotes Rav Elyashiv and Rav Shlomo Zalman saying that for [[Bracha Achrona]] the widely accepted measurement of the [[Kezayit]] is according to Rav Chaim Noeh. Vezot HaBracha also mentions that such is the minhag of the world. </ref>
#If one ate between a third and a half a [[KeBaytzah]] one should not make a Bracha achrona because of safek [[Brachot]]. Therefore, one should have less than a third and not make a Bracha achrona or more than a half and make a Bracha achrona. <ref>Mishna Brurah 486:1 </ref>
#On Mitzvot Deoritta such as eating [[Matzah]] one must be strict to hold a [[Kezayit]] is a half a [[KeBaytzah]]. However, regarding מצות Derabbanan it’s preferable to hold that a [[Kezayit]] is a half a kebaytzah, however, one may rely on the opinion that a [[Kezayit]] is a third a kebaytzah. <ref>Mishna Brurah 486:1 </ref>
#One needs to make sure that he does not count air in the food as part of the shiur of kezayis. If one has a food that is hollow, a kezayis of that food is considered when the food would be pressed.<ref>Rama 486:1 </ref>

===Kedi Achilat Pras===

#See [[Kedi Achilat Pras]] (the time in which a [[Kezayit]] is considered eaten together)

===KeBaytzah===

#According to Rav Chaim Noeh, the KeBaytzah is 55cc, and according to the Chazon Ish, it is 100cc. <ref>Vezot HaBracha pg 6 </ref>

===Revi'it===

#A Reviyit is a [[KeBaytzah]] and a half.<ref>Mishna Brurah 486:1 </ref> Therefore, Rav Chaim Noeh holds that the [[Reviyit]] is 86 grams (3 oz),<ref>Shiurei Tzion (p. 69)</ref> the Chazon Ish holds that the [[Reviyit]] is 150 grams (5.3 oz).<ref>Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) according to the rulings of the Chazon Ish </ref>, and some quote Rav Moshe as saying the Revi'it is 3.3 oz. <ref>Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Reviyit]] is 3.3 oz.</ref>
#With regards to drinking [[the four cups of wine]], see the [[Required Amount of Matzah and Wine for the Seder]] page.

===Kedei Shtiyat Reviyit===

#See Kedei Shtiyat Revi'it (the time in which a Revi'it is considered drunk together).

==Length==
===Amah, Tefach, Etzbah===
{| class="wikitable sortable"
!
!Amah
!Tefach
!Etzbah
|-
|Rav Moshe Feinstein<ref>Sh”t Igrot Moshe O”C 1:136. writes that the [[Amah]] is 21.25 inches and one can be strict to hold that it is 23 inches. Similarly, the Aruch Hashulchan YD 286:21 writes that 4 amot is one Russian ''sazhen'' which is the equivalent of 7 feet (see [https://en.wikipedia.org/wiki/Obsolete_Russian_units_of_measurement Wikipedia's page on Russian measurements]) meaning that the amah is 21 inches. [https://asif.co.il/download/kitvey-et/kol/kol-30/1-29.pdf Dr. Gideon Freedman in Kol Bramah v. 4 p. 229] proves that the Aruch Hashulchan YD 201:3 and Mishna Brurah 358:7 both hold that the amah is 21 inches. The Aruch Hashulchan says that an amah is three quarters of a arshin and an arshin is 71.12 cm. The Mishna Brurah ties 53 russian arshins to 70.83 amot. See there for the calculations.</ref>
|21.25 in. (53.98 cm)
|3.54 in. (9.00 cm)
|0.89 in. (2.25 cm)
|-
|Rav Chaim Noeh<ref>Shiurei Torah (by Rav Chaim Noeh, Siman 3 Seif 25 pg 249) </ref>
|18.90 in. (48 cm)
|3.15 in. (8 cm)
|0.79 in. (2 cm)
|-
|Chazon Ish<ref>Shiurin shel Torah (pg 3) by the Steipler quoting the Chazon Ish but admitting that these are approximate measures because of the need to publicize the measures but not an accurate calculation. </ref>
|24 in. (60.96 cm)
|4 in. (10.16 cm)
|1 in. (2.54 cm)
|}

===Mil===

#When [[Mil]] is given in terms of time, some consider it 18 minutes, some 22.5 minutes, and some 24 minutes. <ref>Shulchan Aruch 459:2 writes that the [[mil]] is 18 minutes. Rama 261:1 agrees. Beiur Halacha 459:2 s.v. Haviy quotes some who consider it 22.5 minutes and others who say that it is 24 minutes.</ref>
#When [[Mil]] is given in terms of distance it is equal to 2000 [[Amot]]. <ref>Rashi Yoma 67a s.v. shivah and Tosfot Shabbat 34b s.v. safek write that a mil is 2000 amot. Shulchan Aruch 261:2 writes that 3/4 of a [[mil]] is equal to 1500 [[amot]], implying a [[mil]] is 2000 [[amot]]. [http://www.yeshiva.org.il/midrash/shiur.asp?id=15883#3b Rabbi Melamed on yeshiva.org.il] writes that a [[mil]] is 2000 [[amot]].</ref>

==Money==
===Prutah===

#A [[prutah]] is 1/40 of a gram of silver (which is about a few cents). However, the [[prutah]] with regards to the mitzvah of returning a lost object is discussed [[Returning_Lost_Objects#Worth_a_Prutah| here]]. <ref>S”A CM 88:1 says a [[prutah]] is a half of a pearl of barley. Shiurei Torah (Rav Chaim Noeh pg 177) and Shiurei HaMitzvot (Chazon Ish pg 65) say a [[prutah]] is 1/40 of a gram of silver (which currently is about 2.3 cents). Halachos of [[Chanukah]] (Rabbi Shimon Eider, pg 38) quotes Rav Moshe Feinstein saying that a [[prutah]] is 2 or 3 cents and not just one penny. See Halachos of Other People’s Money (Rabbi Bodner pg 150) who quotes Rav Moshe regarding a [[prutah]] for the mitzvah of returning a lost object. </ref>

===Asara Zehuvim===

#If someone steals someone else's mitzvah they should pay them the 10 zehuvim, which is equal to 1200 grams of silver (roughly $650 but varies).<ref>Rav Chaim Noeh (Shiurei Torah p. 379 ch. 3 n. 45) writes that the 10 zehuvim are equal to 250 silver dinar which are 1200 grams of silver.</ref>

==Time==
===Shaot Zmaniot===

#[[Shaot Zmaniot]] are halachic hours which are calculated by dividing the daytime hours into 12. There’s a dispute of how to measure the day; some count the day from Olot HaShachar until [[Tzet HaKochavim]] (Magen Avraham) <ref>Many authorities holds that the halachic hours in the day are considered from Olot including: Sh”t Trumat HaDeshen 1, Levush 267, Minchat Cohen (Mevoh Shemesh 2:6) in name of Tosfot Ramban and Rashba, Bach (431), Taz 433, Pri [[Chadash]] 443, Magen Avraham 58:1, 433:3, Eliyah Raba 58:2, Mizbe’ach Adama 4a, Mikraeh Kodesh 158b, Mateh Yehuda 433, Sh”t Chaim Shal 2:38(70), Tov Ayin 18:38, Sh”t Teshuva MaAhava 1:25, Shalmei Tzibbur 93c, Chesed Alafim 58:5, Chaye Adam 21:3,27:1, Kitzur Shulchan Aruch 17:1, Magen Giborim (Shiltei Hagiborim 58:3), and Rav Poalim O”C 2:2. </ref>, and some count it from [[HaNetz]] until [[Shekiah]] (Gra).<ref>Many authorities hold that the halachic hours of the day are considered to begin from [[HaNetz]] incluing: Rambam’s Sh”t Pear Hadar 44 (as understood by Halacha Brurah (Shaar Tzion 58:17), Rav Chaim Drok (Noam 9 pg 235), and Orot Chaim 320 against the Yetsiat Mitzmayim (Sefaka Deyoa pg 115)), Siddur Rav Sadyah Goan pg 12, Minchat Cohen Mevoh Hashemesh 2:6 in name of Goanim, Rambam, Rabbenu Yonah, Hagahot Maimon, and Mordechai (Pri [[Chadash]] rejects his proofs), Shiltei Hagiborim on the Mordechai ([[Brachot]] 4:3) (as understood by Magen Avraham 233:3, Shaar Tzion 233:10, and Kaf HaChaim 233:7), Levush (233:1,267), Shaarei Knesset Hagedolah 58:8, Tosfot [[Yom Tov]] (Pesachim 2:3), and Biur HaGra 459:2.</ref>
##According to Sephardim, regarding Deoritta laws (including [[Kriyat Shema]]) one should be strict for the opinion of the Magen Avraham. <ref>In conclusion, Minchat Cohen (Mevoh Hashemesh 2:9), Erech HaShulchan 433, Halichot Olam (vol 1, Vaera 3), and Yalkut Yosef (vol 1, pg 98) write that one should be strict for the opinion of the Magen Avraham for Deoritta issues, for example [[Kriyat Shema]]. </ref>
##Among Ashkenazim, some are strict to hold like the Magen Avraham, unless there is an serious need, in which case one may hold like the Gra. <ref>Rabbi Yechiel Michel Tukachinsky in Sefer Eretz Yisrael (pg 18#3) writes that the minhag of [[Israel]] is to follow the magen avraham and only under pressure may one rely on the Gra.</ref> However, some are lenient to rely on the Gra. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 77-79) says that many follow the opinion of the Gra in calculating the time for Sof [[Kriyat Shema]]. </ref>

===Olot HaShachar===

#Many rishonim hold that [[Olot HaShachar]] is 72 minutes before sunrise on a "perfect day" (when sunrise and sunset are exactly 12 hours apart) in Jerusalem which is equivalent to when the sun is 16 degrees below the horizon for everywhere in the world, however, others hold that [[Olot HaShachar]] is 90 minutes on a perfect day which is 19.78 degrees below the horizon. <ref>*The Rosh (Brachot 4:1) writes that Olot for the korban tamid and Shacharit is after the rays of the sun begin to show and also the Eastern part of the sky began to become light. This is also the opinion of the Rabbenu Yerucham cited by Bet Yosef 89:1. Shulchan Aruch 89:1 codifies their opinion. Magen Avraham 89:3 argues that many rishonim hold that Olot is once the rays of the sun begin to show even though the Eastern part of the sky isn't light. Torat Yoma 28a siman 11 writes that the Rambam Pirush Mishnayot Yoma 3:1 and Ritva Yoma 28a hold like the Rosh and Rabbenu Yerucham, while Rashi sides with the Magen Avraham. Practically, the Mishna Brurah (Biur Halacha 89:1 s.v. v'im) writes that one shouldn't be lenient for the Magen Avraham as the Eliya Rabba, Mateh Yehuda, and Gra argue with the Magen Avraham. Therefore, Olot is once the rays of the sun began to show and also the Eastern part of the sky became light.
*Sefer Zmanim KeHilchatam (Rabbi Berstein, pg 347) writes that 72 minutes on a perfect day in Jerusalem is equal to when the sun is 16 degrees below the horizon and 90 minutes is equal to 19.78 degrees below the horizon. He personally rules that one should be strict for both of these opinions for Deoritta halachas and those derabbanan halachas where safek is lechumra. He tries to prove that this is the opinion of the Mishna Brurah (92:3, Beiur Halacha 163:1 s.v. Berachok). However, he totally rejects the opinion that [[Olot HaShachar]] is 120 minutes before sunrise. [It is noteworthy that astronomical dawn is the time when the Sun is at 18 degrees below the horizon and before then the sky is absolutely dark ([timeanddate.com https://www.timeanddate.com/astronomy/different-types-twilight.html]).]
*He also quotes Rabbi Tukachinsky who held like the opinion of 90 minutes.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 65-7) says that we assume that [[Olot HaShachar]] depends on degrees below horizon and the specific times vary according to one’s location. Similarly, [http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 19-21) mentioned in passing that [[Olot HaShachar]] is assumed to be 72 minutes before sunrise, varying according to the longitude and latitude.</ref>
# According to Sepharadim, Alot HaShachar is 72 minutes before sunrise.<ref> Yalkut Yosef, Kitzur Shulchan Aruch, Siman 58, Seif 3. </ref> These minutes are proportional to the length of the day,<ref> Yalkut Yosef, Pesuke DeZimra and Keriat Shema, pages 432-433 based on Rambam, Perush Mishnayot, Masechet Berachot, Perek 1.</ref> and do not depend on current location.<ref>Zmanim KHalacha, page 43, quoting Hacham Ovadia zt"l. Hence, 72 minutes would be 1.2 multiplied by the day's shaa zmanit. Rabbi Yehuda Levi, author of Zmanim KHalacha, argues with Hacham Ovadia on the same page. He writes that the 72 minutes are not calculated based on the shaot zmaniot and do depend on current location. Rabbi Levi's difficulties stem from the Rambam's language and astronomic calculation. In the Berachot (1:1), Rambam uses a unique Arabic term when referring to alot hashachar, one that is not used in reference to zman Kriyat Shema (Berachot 1:5) or a the time of a mil (Pesachim 3:2). Furthermore, in the winter, it starts to become light earlier than it starts to become light the spring and the fall, despite having shorter shaot zmaniot in the winter; given this reality, it is difficult to justify calculating alot hashachar strictly according to shaot zmaniot. Therefore, Rabbi Levi maintains that alot hashachar's calculation is determined by degrees below the horizon.</ref>

===MeSheyakir===

#There is a wide range of opinions precisely when Misheyakir occurs in Jerusalem on a perfect day, when there is exactly 12 daylight hours and every seasonal hour consists of 60 minutes. The three opinions include: 35 minutes before sunrise,<ref>Rav Moshe Feinstein in Le-Torah ve-Hora'ah Vol. 3:7 and in Iggeros Moshe OC 4:6 holds of 35 minutes. Rav Yaakov Kamenetsky in Emes liyaakov OC 58:1 rules that it is 36 minutes before sunrise. Zmanei Halacha LeMaaseh (pg 19) holds of 40 minutes before sunrise. </ref> 60 minutes before sunrise,<ref>Rav Tukaczinsky in Sefer Eretz Yisrael 1:4 (pg 18), Kaf HaChaim 18:18, Sh"t Binyan Tzion 2:16 hold of 60 minutes before sunrise. Nivreshet (vol 1, pg 43) holds of 52 minutes.</ref> and 66 minutes before sunrise.<ref>Rav Ovadya Yoseh in Yechave Daat 2:8</ref>
#The various opinions would then have to be extrapolated according to the region of the world and time of year.<ref>*There are two factors at work here: First, the processes of daybreak and nightfall occur faster at places near the equator than places further away from the equator. Second, the speed of these processes are also affected by the seasons.
*A common solution would be to use seasonal minutes. In order to calculate a seasonal hour, one would need to add up all the daytime minutes and then divide by 12 to get the number of minutes that are in each seasonal hour. For instance, if there were 11 hours of daylight, each seasonal hour would consist of 55 minutes. To further complicate matters, there are two ways of counting the daytime minutes: The Magen Avraham counts from dawn until nightfall with the emergence of 3 stars, whereas the Gra counts from sunrise to sunset.
*Another means for calculation, which has only recently been implemented, is to compare the level of brightness by using the relative position of the sun. For instance, it has been determined that 60 minutes before sunrise on a perfect day in Jerusalem the sun is 12.9 degrees below the horizon. Therefore, if one wanted to find the equivalent time anywhere in the world during any season, he would simply determine at what time the sun will be 12.9 degrees below the horizon in that locale on that day and that would be the extrapolated Meshiyakir.</ref> Thus, according to the commonly accepted opinion that Meshiyakir is between 50 and 60 minutes before sunrise in Jerusalem - In New York, depending on the time of the year, it could be anywhere from 56-73 minutes before sunrise.<ref>MyZmanim.com. These figures are determined using MyZmanim’s earliest published position of 11.5 degrees below the horizon. Unfortunately, MyZmanim.com only offers calculations based upon 10.2 degrees, 11 degrees, and 11.5 degrees but not 12.9 degrees. It is unfortunate because 12.9 degrees correlates to Rav Tukaczinsky’s 60 minutes before sunrise which, although is a very lenient position is also well collaborated and accepted.

*[http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 21-23) mentions in passing that [[MeSheYakir]] is about 40 or 50 minutes before sunrise.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 68-70) says that Rav Moshe held [[MeSheYakir]] is between 35-40 minutes before sunrise and seems to agree with him, although he mentions that some say it’s 55 minutes before sunrise.</ref>

===HaNetz HaChama (Sunrise)===

#[[HaNetz HaChama]] is sunrise which is halachically the same as the astronomical calculation of sunrise.<ref>*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunrise is the same as the sunrise calculated by the naval observatory which is when the sun begins to rise. Halacha Brurah 58:7 proves that netz is astronomical sunrise when the upper edge of the sun is on the horizon as opposed to the opinion of the Divrei Dovid 36 and Ben Ish Chai Vayishlach no. 4 that it is 2.6 minutes earlier.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 72-77) says that sunset should be determined as though the mountains to the east and west are at sea level and do not block the visibility of the sun. However, the elevation of the place one is currently located is taken into consideration and if one is in a valley the sunset is a little later (less than 5 minutes) than what would have been visible. Yet, he adds, that most opinions hold that regarding sunrise both one’s location’s elevation and surrounding mountains are taken into consideration.</ref> This is the standard time printed for netz such as on myzmanim.com.

===Chatzot===

#[[Chatzot]] is midday and midnight, always separated by 12 hours.<ref>Mishna Brurah 1:9 writes that [[chatzot]] at night is always 12 hours after [[chatzot]] of day for any place in the world.</ref>

===Mincha Gedola===

#Mincha Gedola is six and a half halachic hours (Shaot Zmaniot) after sunrise.<ref>Rashi (Pesachim 107a s.v. mincha gedola), Rambam (Tefillah 3:2)</ref>

===Mincha Ketana===

#Mincha Ketana is nine and a half halachic hours (Shaot Zmaniot) after sunrise.<ref>Rashi (Pesachim 107b s.v. oh), Rambam (Tefillah 3:2)</ref>

===Shekiyah (Sunset)===

#[[Shekiyah]] is sunset which, in general, is halachically the same as the astronomical calculation of sunset. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunset is the same as the sunset calculated by the naval observatory which is when the sun has completely set. </ref>

===Tzet HaKochavim (Emergence of the stars)===

#There's a major dispute when Tzet HaKochavim is: Rabbenu Tam assumes that it's about 72 minutes after [[Shekiyah]] and the Gra assumes that it's three quarters of a [[mil]] after [[Shekiyah]], varying according to one's location. <ref>Rabbi Hershel Schachter on [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha# yutorah.org (min 43-5)] explains that many practice like the Gra regarding Tzet HaKochavim on [[Motzei Shabbat]]. See Biur HaGra and Mishna Brurah 261. Pri Megadim assumes that according to Rabbenu Tam, 72 minutes is a fixed time, but Mishna Brurah writes that it varies according to one's location.</ref>

===Bein HaShemashot===

#[[Bein HaShemashot]] is the time period between certain daytime and certain nighttime. In many halachot, it is considered a ''safek,'' or doubt, whether it is considered day or night and has many practical ramifications. There is a major dispute regarding the length of this period. <ref>*'''(1) Gemara [[Shabbat]]''' 34b says [[Bein HaShemashot]] is considered as a doubt whether it is considered daytime or nighttime. When is [[Bein HaShemashot]]? Rabbi Yehuda says that [[Bein HaShemashot]] starts from [[Shekiyah]] and concludes when the entire ball of the sun has set. Rabbi Yose, however, says that [[Bein HaShemashot]] is as short as the blink of an eye, though R. Yose also agrees that there is a doubt (Tosfot 34b s.v. Rabbi Yose). R. Nechemya says that it is from [[Shekiyah]] and lasts the length of time it takes to walk a half [[mil]]. [Note, a mil is 2000 amot (see above).]
*'''Explanation of Rabbi Yehuda's opinion:''' Rabba explains Rabbi Yehuda as saying that [[Bein HaShemashot]] starts from [[Shekiyah]] even though the sky is still red, while Rav Yosef says [[Bein HaShemashot]] starts from when the sun already set. It follows, says the Gemara, that according to Rabba the span of [[Bein HaShemashot]] is 3/4 of a [[mil]] and according to Rav Yosef [[Bein HaShemashot]] is 2/3 of a [[mil]].
*'''Who do we follow, Rabba or Rav Yosef, in explaining Rabbi Yehuda?''' The Rif (15a) writes that since it is unclear whether halacha follows Rav Yosef or Rabba, one should be strict to follow Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Then he says that it seems halacha should follow Rabba because halacha always follows Rabba with three exceptions and this isn't one of them. Similarly, Rambam ([[Shabbat]] 5:4) rules like Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Rabbenu Yonah (quoted by Rosh [[Shabbat]] 2:23) argues that since they're not arguing about which logic is correct but about what Rav Yehuda said the halacha follows both Rabba and Rav Yosef, whichever way will be a stringency. Therefore, in context of [[accepting Shabbat]], Rama 261:1 rules like Rabba that [[Bein HaShemashot]] is 3/4 of a [[mil]].
*'''Explanation of Rabbi Yose's opinion:''' Shmuel ([[Shabbat]] 35a) says that Rav Yose’s concept of [[Bein HaShemashot]] takes place after the [[Bein HaShemashot]] already finished. Tosfot ([[Shabbat]] 34b s.v. Rabbi Yose) explains that even according to Rabbi Yose there’s a window of time when there is an uncertainty whether it is day or night but it isn’t as long as it is for Rabbi Yehuda. Rosh (Shabbat 2:23) discusses whether Rabbi Yose's [[Bein HaShemashot]] begins immediately after Rabbi Yehuda's or a while afterwards and doesn't come to a clear conclusion. Rashi to 35a s.v. Bein HaShemashot DeRabbi Yose seems to hold that it is right after R. Yehuda's period.
*'''Who does the halacha follow? Rabbi Yehuda or Rabbi Yose''' The Briatta ([[Shabbat]] 34b) says that in regards to practical ramifications [[Bein HaShemashot]] is always considered day as a stringency and night as a stringency. Rif ([[Shabbat]] 14b) and Rambam ([[Shabbat]] 5:4) codify this Briatta. Shulchan Aruch 261:1 rules that during [[Bein HaShemashot]] one may not do anything one may not do on [[Shabbat]] with some exceptions (see there). Therefore, Rabbi Yochanan ([[Shabbat]] 35a) says that we follow Rabbi Yehuda regarding [[Shabbat]] as a stringency and Rabbi Yose regarding Trumah as a stringency. Rif (15a) and Rosh 2:23 codify Rabbi Yochanan as halacha.
*'''(2) Gemara Pesachim''' 94a records Rabbi Yochanan's statement that an average person can walk 30 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and 5 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]] (according to Rashi s.v. Ovav). The Gemara challenges this and explains really an average person can walk 32 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and only 4 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]].
*'''The opinion of Rabbenu Tam:''' Tosfot (Pesachim 94a s.v. Rabbi Yehuda and [[Shabbat]] 35a s.v. Trei) is bothered how the Gemara [[Shabbat]] seems to say that from [[Shekiyah]] until [[Tzet HaKochavim]] a person can walk 3/4 of a [[mil]] (according to the Rabba) and the Gemara Pesachim says a person can walk 4 [[mil]]. Rabbenu Tam answers that the Gemara [[Shabbat]] was referring to the end of the [[Shekiyah]] and from then until [[Tzet HaKochavim]] is 3/4 of a [[mil]], while the Gemara Pesachim is discussing the beginning of [[Shekiyah]] which takes 4 [[mil]] until [[Tzet HaKochavim]]. Ramban (cited by [[Maggid]] Mishna), [[Maggid]] Mishna ([[Shabbat]] 5:4), and Ran ([[Shabbat]] 15a) agree. The Ran ([[Shabbat]] 15a) explains that according to Rabbenu Tam there's two Shekiyot. After the first it is still considered daytime until 3.25 [[mil]] after the beginning of the [[Shekiyah]]. [[Bein HaShemashot]], which is uncertain day or night, spans 3/4 of a [[mil]] and begins from the beginning of the second [[Shekiyah]]. See Beiur Halacha 261 s.v. Metechila who explains that the first [[Shekiyah]] is when the sun sets from our vision, and the second [[Shekiyah]] is when the light from the sun leaves the sky.
*'''Does halacha follow Rabbenu Tam?''' The Shulchan Aruch 261:2 rules in accordance with Rabbenu Tam and states that from the beginning of the [[Shekiyah]] until [[Bein HaShemashot]] there's 3.25 [[mil]] and then [[Bein HaShemashot]] itself is .75 of a [[mil]], which is equivalent to the time it takes to walk 1500 [[amot]]. Beiur Halacha 261 s.v. Metechila writes that for sure one should be strict for the Gra not to do any melacha after sunset.
*'''(3) Shmuel's opinion:''' Then, Shmuel ([[Shabbat]] 35b) says that [[Bein HaShemashot]] is as long as two stars are seen in the sky, but if there’s only one star, it’s day, and if it’s three, then it’s night. The Gemara then clarifies that the stars which were discussed are medium size stars. Similarly, the Yerushalmi ([[Brachot]], cited by Ran 15a) says that [[Shabbat]] concludes when three stars can be seen in one area and not spread out. The Rambam ([[Shabbat]] 5:4) rules like Shmuel that when three medium size stars are seen it is certain nighttime. The Kesef Mishna ([[Shabbat]] 5:4) is bothered why the Rambam said that [[Bein HaShemashot]] begins from [[Shekiyah]] and ends when three stars are seen, choosing the opinion of Rabba for the beginning of [[Bein HaShemashot]] and Shmuel for the end of [[Bein HaShemashot]]. He answers that really Rabba and Shmuel agree and just describe it differently. This may also be the intent of the Rif (15a) and Rosh 2:23 who say that halacha follows Rabba as a stringency and also quote Shmuel without anyone arguing. See Or Letzion Vol. 1 YD 1:10 who offers a novel interpretation of the opinion of the Rambam that he holds like Rabbi Yose (see there for the halachic implications). See also Beur Halacha 416 who paskens like Rabbi Yose MeIkar HaDin, as well, and Chazon Ovadia Shabbat Vol. 1 pp. 264.</ref>
#The Gemara rules that if one does a Melacha on [[Shabbos]] for the duration of Bein Hashemashos on Friday evening and Saturday evening, one has certainly violated [[Shabbos]], and must bring a sin-offering. <ref>[[Shabbos]] 35b, Rambam (Hilchot [[Shabbos]] 5:4). This is because if one treats [[Bein Hashemashot]] as day, one broke [[Shabbos]] on Saturday evening. If one treats [[Bein Hashemashot]] as night, one violated [[Shabbos]] on Friday evening. </ref>
#Therefore, one cannot perform Melacha during [[Bein Hashemashot]]. <ref>Mishnah [[Shabbos]] 34b </ref>

==Miscellaneous==
===Toch Kedei Dibbur===

#[[Kedei Dibbur]] is the time it takes to say Shalom Alecha Rebbe. <ref>Kitzur Shulchan Aruch (Klalim s.v. Kedei)</ref>
#[[Toch Kedei Dibbur]] is less than the time it takes to say Shalom Alecha Rebbe.<ref>Kitzur Shulchan Aruch (Klalim s.v. Kedei)</ref>

===Kdei Aniva===

#There are several opinions about how long Kdei Aniva is, however, one doesn't need to be strict to consider it to be longer than 2 gudalin. <ref>How long is kdei aniva? There’s several opinions about this topic:

*Smag- long enough to loop around all the rest of the 7 strings.
*Chayei Adam, Kitzur Shulchan Aruch 9:13- 4 gudalin, Beiur Halacha: 2 gudalin, Eliya Rabba (paskening like Rif and Rosh)- long enough to loop around just 1 string (very short).
*The Beiur Halacha concludes that there’s no need to be strict for more than 2 gudalin. And he says if you have no choice, you can rely on the Eliya Rabba. see [http://ph.yhb.org.il/07-08-11/ Peninei Halacha]</ref>
#How long is the shiur of 2 godlin in practical terms? Chazon Ish : 5 cm, Rav Chaim Naeh: 4 cm. Rav Mordechai Eliyahu (comments to Kitzur 9:13) writes that Kedi Anivah is 4 cm.

===Yad Soledet Bo===

#For purposes of cooking on Shabbat and Kashrut, Yad Soledet Bo is certainly hotter than 113 degrees Fahrenheit. <ref>Shemirat Shabbat Kehilchata (ch. 1, note 3), Badei Hashulchan 92:151</ref> Others are concerned for anything over 110 degrees Fahrenheit and over 160 degrees is certainly yad soledet bo. <ref>Igrot Moshe (OC 4:74 Bishul no. 3), The Laws of Kashrut p. 111). [https://www.yutorah.org/sidebar/lecture.cfm/788227/rabbi-hershel-schachter/kashrus-in-the-home/ Rav Hershel Schachter ("Kashrus in the Home" 2012, about min 30)] quotes Rav Soloveitchik that yad soledet bo is at least 140 degrees and no more than 160 degrees.</ref>

==Links==

*[http://www.yutorah.org/lectures/lecture.cfm/763395/Rabbi_Michael_Taubes/_Parshas_Eikev_How_Big_is_a_Kezayis_ How Big is a Kezayis] by Rabbi Michael Taubes

==Sources==
<references />
[[Category:Brachot]]

Reference of Measurements in Halacha

2019-08-09T01:23:21Z

Ezralevy: /* Olot HaShachar */

[[Image:Measuring Tools.png|200px|right]]
There are many different [[measurements]] used in the Torah and classical Rabbinic Seforim, which are important for daily living. An example is the specific amount of wine that [[Kiddush]] is made on: One [[Revi'it]]. If one doesn't know how much a [[Revi'it]] is, how can one fulfill the Mitzvah properly?
The modern day equivalents for many Hebrew [[measurements]] are discussed below.
In addition, discussed below are many Halachic times which also matter for everyday use.
==Food or Drink==
===Kezayit===

#According to Ashkenazim, all sizes are measured in volume and not weight.<ref>Mishna Brurah 456:3, Vezot HaBracha (pg 6) </ref> However, according to Sephardim the actual halacha is that measures are in volume but the minhag is to follow the measures in weight. <ref>See Yalkut Yosef (Klalei [[Brachot]] pg 195-202) who discusses this at length. However, see Or Letzion (Vol. 3, Introduction) who argues that the custom to use weight is only for foods which have similar density to water, but for other foods (like Matza) one would use volume. Halacha Brurah 210:2 rules that the kezayit is measured by volume and not weight. See Otzrot Yosef 8:9. </ref>
#There’s a dispute in the Rishonim whether the [[Kezayit]] (olive size) is a half or third of a [[KeBaytzah]] (egg size), and regarding [[Bracha Achrona]] and Deoritta Mitzvot, the halacha follows the opinion that a [[Kezayit]] is half a KeBeytzah. <ref>*Mishna Brurah 486:1 writes that the Tosfot holds a [[Kezayit]] is half of a KeBeitzah with the shell and the Rambam holds it is a third of a KeBeitzah (see Tosfot (Yoma 80b s.v. Agav), Rambam (Eiruvin 1:9)). S”A 486 rules like Tosfot. Rav Avraham Chaim Noeh (Shiurei Torah 3:12) argues that Tosfot holds half a KeBeitzah without the shell.
*What's the halacha? Mishna Brurah 486:1 rules that for Deoritta Mitzvot and [[Bracha Achrona]], one should eat the size of half a KeBeitzah, but for Derabbanan Mitzvot, one third suffices. He adds that since one has to make a Bracha on [[maror]], one should eat half a KeBeitzah.
*Chazon Ish 39:17 decided that we could be lenient like the Rambam. see below for an exact amount according to Chazon Ish</ref>
#According to Rav Chaim Noeh, the [[Kezayit]] for Deoritta measures (eating [[Matzah]]) and [[Bracha Achrona]] is 27cc. The Chazon Ish’s opinion is that the [[Kezayit]] is 33.3 grams (1.3 oz). <ref>*The Tzlach (Pesachim 116b) holds that the modern day eggs are half the size of those in the days of Chazal. However, Rav Noeh (Shiurei Torah Shaar 3) argues that the modern day eggs have not changed from the days of Chazal. Mishna Brurah 486:1 writes that for the mitzvah deoraitta of [[matza]], one should follow the stringent view of the Tzlach. see Rav Shlomo Wahrman (Orot Haesach 28) who explains why there is no need to say that the eggs have shrunk since the times of the Gemara. see also Maaseh Rav 74, where it says that the Gra accepted the position of the Tzlach.
*Practically, how much is a [[Kezayit]]?
**(1) Rav Chaim Noeh in Shiurei Torah (3:11, pg 191, 5707) writes that for Deoritta Mitzvot one should eat 28.8cc, however, in Shiurei Tzion (p. 70, 5709) he writes that it is 27cc. Vezot HaBracha (Birur Halacha 1) explains that Rav Chaim Noeh retracted from his original ruling.
**(2) Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) quotes the Chazon Ish that a [[Kezayit]] is 2/3 of a modern egg and an egg can possibly be up to 55cc. Therefore, Vezot HaBracha (Birur Halacha 1) writes that the Chazon Ish holds that 33.3cc is a [[Kezayit]]. The Chazon Ish's opinion of [[Kezayit]] is partially based on the opinion of the Tzlach. see also Chazon Ish in Hilchot [[Shabbat]] 39.
**(3) Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Kezayit]] is 31.2cc. [However, Rabbi Bodner in Halachos of K’zayis (p. 24) writes that Rav Dovid Feinstein told him that Rav Moshe never measured the eggs himself and it was his student who calculated 1.1oz, but that if his calculations were more precise he should use those. Therefore, Rabbi Bodner rules, based on his own calculations, that a [[Kezayit]] is 27.2cc.]
**(4) Rav Mordechai Willig ([http://www.yutorah.org/lectures/lecture.cfm/760487/Rabbi_Mordechai_I_Willig/How_Much_Matza_Do_You_Need_to_Eat Pesach To-Go, Nisan 5771], p. 60) is of the opinion that the size in volume of a kezayis is 22.5 cubic centimeters.
</ref>
##The minhag of the world and many other authorities is to follow Rav Chaim Noeh’s opinion. <ref>Vezot HaBracha (pg 6, Birur 1, pg 221) quotes Rav Elyashiv and Rav Shlomo Zalman saying that for [[Bracha Achrona]] the widely accepted measurement of the [[Kezayit]] is according to Rav Chaim Noeh. Vezot HaBracha also mentions that such is the minhag of the world. </ref>
#If one ate between a third and a half a [[KeBaytzah]] one should not make a Bracha achrona because of safek [[Brachot]]. Therefore, one should have less than a third and not make a Bracha achrona or more than a half and make a Bracha achrona. <ref>Mishna Brurah 486:1 </ref>
#On Mitzvot Deoritta such as eating [[Matzah]] one must be strict to hold a [[Kezayit]] is a half a [[KeBaytzah]]. However, regarding מצות Derabbanan it’s preferable to hold that a [[Kezayit]] is a half a kebaytzah, however, one may rely on the opinion that a [[Kezayit]] is a third a kebaytzah. <ref>Mishna Brurah 486:1 </ref>
#One needs to make sure that he does not count air in the food as part of the shiur of kezayis. If one has a food that is hollow, a kezayis of that food is considered when the food would be pressed.<ref>Rama 486:1 </ref>

===Kedi Achilat Pras===

#See [[Kedi Achilat Pras]] (the time in which a [[Kezayit]] is considered eaten together)

===KeBaytzah===

#According to Rav Chaim Noeh, the KeBaytzah is 55cc, and according to the Chazon Ish, it is 100cc. <ref>Vezot HaBracha pg 6 </ref>

===Revi'it===

#A Reviyit is a [[KeBaytzah]] and a half.<ref>Mishna Brurah 486:1 </ref> Therefore, Rav Chaim Noeh holds that the [[Reviyit]] is 86 grams (3 oz),<ref>Shiurei Tzion (p. 69)</ref> the Chazon Ish holds that the [[Reviyit]] is 150 grams (5.3 oz).<ref>Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) according to the rulings of the Chazon Ish </ref>, and some quote Rav Moshe as saying the Revi'it is 3.3 oz. <ref>Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Reviyit]] is 3.3 oz.</ref>
#With regards to drinking [[the four cups of wine]], see the [[Required Amount of Matzah and Wine for the Seder]] page.

===Kedei Shtiyat Reviyit===

#See Kedei Shtiyat Revi'it (the time in which a Revi'it is considered drunk together).

==Length==
===Amah, Tefach, Etzbah===
{| class="wikitable sortable"
!
!Amah
!Tefach
!Etzbah
|-
|Rav Moshe Feinstein<ref>Sh”t Igrot Moshe O”C 1:136. writes that the [[Amah]] is 21.25 inches and one can be strict to hold that it is 23 inches. Similarly, the Aruch Hashulchan YD 286:21 writes that 4 amot is one Russian ''sazhen'' which is the equivalent of 7 feet (see [https://en.wikipedia.org/wiki/Obsolete_Russian_units_of_measurement Wikipedia's page on Russian measurements]) meaning that the amah is 21 inches. [https://asif.co.il/download/kitvey-et/kol/kol-30/1-29.pdf Dr. Gideon Freedman in Kol Bramah v. 4 p. 229] proves that the Aruch Hashulchan YD 201:3 and Mishna Brurah 358:7 both hold that the amah is 21 inches. The Aruch Hashulchan says that an amah is three quarters of a arshin and an arshin is 71.12 cm. The Mishna Brurah ties 53 russian arshins to 70.83 amot. See there for the calculations.</ref>
|21.25 in. (53.98 cm)
|3.54 in. (9.00 cm)
|0.89 in. (2.25 cm)
|-
|Rav Chaim Noeh<ref>Shiurei Torah (by Rav Chaim Noeh, Siman 3 Seif 25 pg 249) </ref>
|18.90 in. (48 cm)
|3.15 in. (8 cm)
|0.79 in. (2 cm)
|-
|Chazon Ish<ref>Shiurin shel Torah (pg 3) by the Steipler quoting the Chazon Ish but admitting that these are approximate measures because of the need to publicize the measures but not an accurate calculation. </ref>
|24 in. (60.96 cm)
|4 in. (10.16 cm)
|1 in. (2.54 cm)
|}

===Mil===

#When [[Mil]] is given in terms of time, some consider it 18 minutes, some 22.5 minutes, and some 24 minutes. <ref>Shulchan Aruch 459:2 writes that the [[mil]] is 18 minutes. Rama 261:1 agrees. Beiur Halacha 459:2 s.v. Haviy quotes some who consider it 22.5 minutes and others who say that it is 24 minutes.</ref>
#When [[Mil]] is given in terms of distance it is equal to 2000 [[Amot]]. <ref>Rashi Yoma 67a s.v. shivah and Tosfot Shabbat 34b s.v. safek write that a mil is 2000 amot. Shulchan Aruch 261:2 writes that 3/4 of a [[mil]] is equal to 1500 [[amot]], implying a [[mil]] is 2000 [[amot]]. [http://www.yeshiva.org.il/midrash/shiur.asp?id=15883#3b Rabbi Melamed on yeshiva.org.il] writes that a [[mil]] is 2000 [[amot]].</ref>

==Money==
===Prutah===

#A [[prutah]] is 1/40 of a gram of silver (which is about a few cents). However, the [[prutah]] with regards to the mitzvah of returning a lost object is discussed [[Returning_Lost_Objects#Worth_a_Prutah| here]]. <ref>S”A CM 88:1 says a [[prutah]] is a half of a pearl of barley. Shiurei Torah (Rav Chaim Noeh pg 177) and Shiurei HaMitzvot (Chazon Ish pg 65) say a [[prutah]] is 1/40 of a gram of silver (which currently is about 2.3 cents). Halachos of [[Chanukah]] (Rabbi Shimon Eider, pg 38) quotes Rav Moshe Feinstein saying that a [[prutah]] is 2 or 3 cents and not just one penny. See Halachos of Other People’s Money (Rabbi Bodner pg 150) who quotes Rav Moshe regarding a [[prutah]] for the mitzvah of returning a lost object. </ref>

===Asara Zehuvim===

#If someone steals someone else's mitzvah they should pay them the 10 zehuvim, which is equal to 1200 grams of silver (roughly $650 but varies).<ref>Rav Chaim Noeh (Shiurei Torah p. 379 ch. 3 n. 45) writes that the 10 zehuvim are equal to 250 silver dinar which are 1200 grams of silver.</ref>

==Time==
===Shaot Zmaniot===

#[[Shaot Zmaniot]] are halachic hours which are calculated by dividing the daytime hours into 12. There’s a dispute of how to measure the day; some count the day from Olot HaShachar until [[Tzet HaKochavim]] (Magen Avraham) <ref>Many authorities holds that the halachic hours in the day are considered from Olot including: Sh”t Trumat HaDeshen 1, Levush 267, Minchat Cohen (Mevoh Shemesh 2:6) in name of Tosfot Ramban and Rashba, Bach (431), Taz 433, Pri [[Chadash]] 443, Magen Avraham 58:1, 433:3, Eliyah Raba 58:2, Mizbe’ach Adama 4a, Mikraeh Kodesh 158b, Mateh Yehuda 433, Sh”t Chaim Shal 2:38(70), Tov Ayin 18:38, Sh”t Teshuva MaAhava 1:25, Shalmei Tzibbur 93c, Chesed Alafim 58:5, Chaye Adam 21:3,27:1, Kitzur Shulchan Aruch 17:1, Magen Giborim (Shiltei Hagiborim 58:3), and Rav Poalim O”C 2:2. </ref>, and some count it from [[HaNetz]] until [[Shekiah]] (Gra).<ref>Many authorities hold that the halachic hours of the day are considered to begin from [[HaNetz]] incluing: Rambam’s Sh”t Pear Hadar 44 (as understood by Halacha Brurah (Shaar Tzion 58:17), Rav Chaim Drok (Noam 9 pg 235), and Orot Chaim 320 against the Yetsiat Mitzmayim (Sefaka Deyoa pg 115)), Siddur Rav Sadyah Goan pg 12, Minchat Cohen Mevoh Hashemesh 2:6 in name of Goanim, Rambam, Rabbenu Yonah, Hagahot Maimon, and Mordechai (Pri [[Chadash]] rejects his proofs), Shiltei Hagiborim on the Mordechai ([[Brachot]] 4:3) (as understood by Magen Avraham 233:3, Shaar Tzion 233:10, and Kaf HaChaim 233:7), Levush (233:1,267), Shaarei Knesset Hagedolah 58:8, Tosfot [[Yom Tov]] (Pesachim 2:3), and Biur HaGra 459:2.</ref>
##According to Sephardim, regarding Deoritta laws (including [[Kriyat Shema]]) one should be strict for the opinion of the Magen Avraham. <ref>In conclusion, Minchat Cohen (Mevoh Hashemesh 2:9), Erech HaShulchan 433, Halichot Olam (vol 1, Vaera 3), and Yalkut Yosef (vol 1, pg 98) write that one should be strict for the opinion of the Magen Avraham for Deoritta issues, for example [[Kriyat Shema]]. </ref>
##Among Ashkenazim, some are strict to hold like the Magen Avraham, unless there is an serious need, in which case one may hold like the Gra. <ref>Rabbi Yechiel Michel Tukachinsky in Sefer Eretz Yisrael (pg 18#3) writes that the minhag of [[Israel]] is to follow the magen avraham and only under pressure may one rely on the Gra.</ref> However, some are lenient to rely on the Gra. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 77-79) says that many follow the opinion of the Gra in calculating the time for Sof [[Kriyat Shema]]. </ref>

===Olot HaShachar===

#Many rishonim hold that [[Olot HaShachar]] is 72 minutes before sunrise on a "perfect day" (when sunrise and sunset are exactly 12 hours apart) in Jerusalem which is equivalent to when the sun is 16 degrees below the horizon for everywhere in the world, however, others hold that [[Olot HaShachar]] is 90 minutes on a perfect day which is 19.78 degrees below the horizon. <ref>*The Rosh (Brachot 4:1) writes that Olot for the korban tamid and Shacharit is after the rays of the sun begin to show and also the Eastern part of the sky began to become light. This is also the opinion of the Rabbenu Yerucham cited by Bet Yosef 89:1. Shulchan Aruch 89:1 codifies their opinion. Magen Avraham 89:3 argues that many rishonim hold that Olot is once the rays of the sun begin to show even though the Eastern part of the sky isn't light. Torat Yoma 28a siman 11 writes that the Rambam Pirush Mishnayot Yoma 3:1 and Ritva Yoma 28a hold like the Rosh and Rabbenu Yerucham, while Rashi sides with the Magen Avraham. Practically, the Mishna Brurah (Biur Halacha 89:1 s.v. v'im) writes that one shouldn't be lenient for the Magen Avraham as the Eliya Rabba, Mateh Yehuda, and Gra argue with the Magen Avraham. Therefore, Olot is once the rays of the sun began to show and also the Eastern part of the sky became light.
*Sefer Zmanim KeHilchatam (Rabbi Berstein, pg 347) writes that 72 minutes on a perfect day in Jerusalem is equal to when the sun is 16 degrees below the horizon and 90 minutes is equal to 19.78 degrees below the horizon. He personally rules that one should be strict for both of these opinions for Deoritta halachas and those derabbanan halachas where safek is lechumra. He tries to prove that this is the opinion of the Mishna Brurah (92:3, Beiur Halacha 163:1 s.v. Berachok). However, he totally rejects the opinion that [[Olot HaShachar]] is 120 minutes before sunrise. [It is noteworthy that astronomical dawn is the time when the Sun is at 18 degrees below the horizon and before then the sky is absolutely dark ([timeanddate.com https://www.timeanddate.com/astronomy/different-types-twilight.html]).]
*He also quotes Rabbi Tukachinsky who held like the opinion of 90 minutes.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 65-7) says that we assume that [[Olot HaShachar]] depends on degrees below horizon and the specific times vary according to one’s location. Similarly, [http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 19-21) mentioned in passing that [[Olot HaShachar]] is assumed to be 72 minutes before sunrise, varying according to the longitude and latitude.</ref>
# According to Sepharadim, Alot HaShachar is 72 minutes before sunrise.<ref> Yalkut Yosef, Kitzur Shulchan Aruch, Siman 58, Seif 3. </ref> These minutes are proportional to the length of the day,<ref> Yalkut Yosef, Pesuke DeZimra and Keriat Shema, pages 432-433 based on Rambam, Perush Mishnayot, Masechet Berachot, Perek 1.</ref> and do not depend on current location.<ref>Zmanim KHalacha, page 43, quoting Hacham Ovadia zt"l. Hence, 72 minutes would be 1.2 multiplied by the day's shaa zmanit. Rabbi Yehuda Levi, author of Zmanim KHalacha, argues with Hacham Ovadia on the same page. He writes that the 72 minutes are not calculated based on the shaot zmaniot and do depend on current location. Rabbi Levi's difficulties stem from the Rambam's language and astronomic calculation. In the first mishna of masechet berachot, Rambam uses a unique Arabic term when referring to alot hashachar, one that is not used in reference to Kriyat Shema (Berachot 1:5) or a mil (Pesachim 3:2). Furthermore, in the winter, it starts to become light earlier than it starts to become light the spring and the fall, despite having shorter shaot zmaniot in the winter; given this reality, it is difficult to justify calculating alot hashachar strictly according to shaot zmaniot. Therefore, Rabbi Levi maintains that alot hashachar's calculation is determined by degrees below the horizon.</ref>

===MeSheyakir===

#There is a wide range of opinions precisely when Misheyakir occurs in Jerusalem on a perfect day, when there is exactly 12 daylight hours and every seasonal hour consists of 60 minutes. The three opinions include: 35 minutes before sunrise,<ref>Rav Moshe Feinstein in Le-Torah ve-Hora'ah Vol. 3:7 and in Iggeros Moshe OC 4:6 holds of 35 minutes. Rav Yaakov Kamenetsky in Emes liyaakov OC 58:1 rules that it is 36 minutes before sunrise. Zmanei Halacha LeMaaseh (pg 19) holds of 40 minutes before sunrise. </ref> 60 minutes before sunrise,<ref>Rav Tukaczinsky in Sefer Eretz Yisrael 1:4 (pg 18), Kaf HaChaim 18:18, Sh"t Binyan Tzion 2:16 hold of 60 minutes before sunrise. Nivreshet (vol 1, pg 43) holds of 52 minutes.</ref> and 66 minutes before sunrise.<ref>Rav Ovadya Yoseh in Yechave Daat 2:8</ref>
#The various opinions would then have to be extrapolated according to the region of the world and time of year.<ref>*There are two factors at work here: First, the processes of daybreak and nightfall occur faster at places near the equator than places further away from the equator. Second, the speed of these processes are also affected by the seasons.
*A common solution would be to use seasonal minutes. In order to calculate a seasonal hour, one would need to add up all the daytime minutes and then divide by 12 to get the number of minutes that are in each seasonal hour. For instance, if there were 11 hours of daylight, each seasonal hour would consist of 55 minutes. To further complicate matters, there are two ways of counting the daytime minutes: The Magen Avraham counts from dawn until nightfall with the emergence of 3 stars, whereas the Gra counts from sunrise to sunset.
*Another means for calculation, which has only recently been implemented, is to compare the level of brightness by using the relative position of the sun. For instance, it has been determined that 60 minutes before sunrise on a perfect day in Jerusalem the sun is 12.9 degrees below the horizon. Therefore, if one wanted to find the equivalent time anywhere in the world during any season, he would simply determine at what time the sun will be 12.9 degrees below the horizon in that locale on that day and that would be the extrapolated Meshiyakir.</ref> Thus, according to the commonly accepted opinion that Meshiyakir is between 50 and 60 minutes before sunrise in Jerusalem - In New York, depending on the time of the year, it could be anywhere from 56-73 minutes before sunrise.<ref>MyZmanim.com. These figures are determined using MyZmanim’s earliest published position of 11.5 degrees below the horizon. Unfortunately, MyZmanim.com only offers calculations based upon 10.2 degrees, 11 degrees, and 11.5 degrees but not 12.9 degrees. It is unfortunate because 12.9 degrees correlates to Rav Tukaczinsky’s 60 minutes before sunrise which, although is a very lenient position is also well collaborated and accepted.

*[http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 21-23) mentions in passing that [[MeSheYakir]] is about 40 or 50 minutes before sunrise.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 68-70) says that Rav Moshe held [[MeSheYakir]] is between 35-40 minutes before sunrise and seems to agree with him, although he mentions that some say it’s 55 minutes before sunrise.</ref>

===HaNetz HaChama (Sunrise)===

#[[HaNetz HaChama]] is sunrise which is halachically the same as the astronomical calculation of sunrise.<ref>*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunrise is the same as the sunrise calculated by the naval observatory which is when the sun begins to rise. Halacha Brurah 58:7 proves that netz is astronomical sunrise when the upper edge of the sun is on the horizon as opposed to the opinion of the Divrei Dovid 36 and Ben Ish Chai Vayishlach no. 4 that it is 2.6 minutes earlier.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 72-77) says that sunset should be determined as though the mountains to the east and west are at sea level and do not block the visibility of the sun. However, the elevation of the place one is currently located is taken into consideration and if one is in a valley the sunset is a little later (less than 5 minutes) than what would have been visible. Yet, he adds, that most opinions hold that regarding sunrise both one’s location’s elevation and surrounding mountains are taken into consideration.</ref> This is the standard time printed for netz such as on myzmanim.com.

===Chatzot===

#[[Chatzot]] is midday and midnight, always separated by 12 hours.<ref>Mishna Brurah 1:9 writes that [[chatzot]] at night is always 12 hours after [[chatzot]] of day for any place in the world.</ref>

===Mincha Gedola===

#Mincha Gedola is six and a half halachic hours (Shaot Zmaniot) after sunrise.<ref>Rashi (Pesachim 107a s.v. mincha gedola), Rambam (Tefillah 3:2)</ref>

===Mincha Ketana===

#Mincha Ketana is nine and a half halachic hours (Shaot Zmaniot) after sunrise.<ref>Rashi (Pesachim 107b s.v. oh), Rambam (Tefillah 3:2)</ref>

===Shekiyah (Sunset)===

#[[Shekiyah]] is sunset which, in general, is halachically the same as the astronomical calculation of sunset. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunset is the same as the sunset calculated by the naval observatory which is when the sun has completely set. </ref>

===Tzet HaKochavim (Emergence of the stars)===

#There's a major dispute when Tzet HaKochavim is: Rabbenu Tam assumes that it's about 72 minutes after [[Shekiyah]] and the Gra assumes that it's three quarters of a [[mil]] after [[Shekiyah]], varying according to one's location. <ref>Rabbi Hershel Schachter on [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha# yutorah.org (min 43-5)] explains that many practice like the Gra regarding Tzet HaKochavim on [[Motzei Shabbat]]. See Biur HaGra and Mishna Brurah 261. Pri Megadim assumes that according to Rabbenu Tam, 72 minutes is a fixed time, but Mishna Brurah writes that it varies according to one's location.</ref>

===Bein HaShemashot===

#[[Bein HaShemashot]] is the time period between certain daytime and certain nighttime. In many halachot, it is considered a ''safek,'' or doubt, whether it is considered day or night and has many practical ramifications. There is a major dispute regarding the length of this period. <ref>*'''(1) Gemara [[Shabbat]]''' 34b says [[Bein HaShemashot]] is considered as a doubt whether it is considered daytime or nighttime. When is [[Bein HaShemashot]]? Rabbi Yehuda says that [[Bein HaShemashot]] starts from [[Shekiyah]] and concludes when the entire ball of the sun has set. Rabbi Yose, however, says that [[Bein HaShemashot]] is as short as the blink of an eye, though R. Yose also agrees that there is a doubt (Tosfot 34b s.v. Rabbi Yose). R. Nechemya says that it is from [[Shekiyah]] and lasts the length of time it takes to walk a half [[mil]]. [Note, a mil is 2000 amot (see above).]
*'''Explanation of Rabbi Yehuda's opinion:''' Rabba explains Rabbi Yehuda as saying that [[Bein HaShemashot]] starts from [[Shekiyah]] even though the sky is still red, while Rav Yosef says [[Bein HaShemashot]] starts from when the sun already set. It follows, says the Gemara, that according to Rabba the span of [[Bein HaShemashot]] is 3/4 of a [[mil]] and according to Rav Yosef [[Bein HaShemashot]] is 2/3 of a [[mil]].
*'''Who do we follow, Rabba or Rav Yosef, in explaining Rabbi Yehuda?''' The Rif (15a) writes that since it is unclear whether halacha follows Rav Yosef or Rabba, one should be strict to follow Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Then he says that it seems halacha should follow Rabba because halacha always follows Rabba with three exceptions and this isn't one of them. Similarly, Rambam ([[Shabbat]] 5:4) rules like Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Rabbenu Yonah (quoted by Rosh [[Shabbat]] 2:23) argues that since they're not arguing about which logic is correct but about what Rav Yehuda said the halacha follows both Rabba and Rav Yosef, whichever way will be a stringency. Therefore, in context of [[accepting Shabbat]], Rama 261:1 rules like Rabba that [[Bein HaShemashot]] is 3/4 of a [[mil]].
*'''Explanation of Rabbi Yose's opinion:''' Shmuel ([[Shabbat]] 35a) says that Rav Yose’s concept of [[Bein HaShemashot]] takes place after the [[Bein HaShemashot]] already finished. Tosfot ([[Shabbat]] 34b s.v. Rabbi Yose) explains that even according to Rabbi Yose there’s a window of time when there is an uncertainty whether it is day or night but it isn’t as long as it is for Rabbi Yehuda. Rosh (Shabbat 2:23) discusses whether Rabbi Yose's [[Bein HaShemashot]] begins immediately after Rabbi Yehuda's or a while afterwards and doesn't come to a clear conclusion. Rashi to 35a s.v. Bein HaShemashot DeRabbi Yose seems to hold that it is right after R. Yehuda's period.
*'''Who does the halacha follow? Rabbi Yehuda or Rabbi Yose''' The Briatta ([[Shabbat]] 34b) says that in regards to practical ramifications [[Bein HaShemashot]] is always considered day as a stringency and night as a stringency. Rif ([[Shabbat]] 14b) and Rambam ([[Shabbat]] 5:4) codify this Briatta. Shulchan Aruch 261:1 rules that during [[Bein HaShemashot]] one may not do anything one may not do on [[Shabbat]] with some exceptions (see there). Therefore, Rabbi Yochanan ([[Shabbat]] 35a) says that we follow Rabbi Yehuda regarding [[Shabbat]] as a stringency and Rabbi Yose regarding Trumah as a stringency. Rif (15a) and Rosh 2:23 codify Rabbi Yochanan as halacha.
*'''(2) Gemara Pesachim''' 94a records Rabbi Yochanan's statement that an average person can walk 30 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and 5 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]] (according to Rashi s.v. Ovav). The Gemara challenges this and explains really an average person can walk 32 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and only 4 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]].
*'''The opinion of Rabbenu Tam:''' Tosfot (Pesachim 94a s.v. Rabbi Yehuda and [[Shabbat]] 35a s.v. Trei) is bothered how the Gemara [[Shabbat]] seems to say that from [[Shekiyah]] until [[Tzet HaKochavim]] a person can walk 3/4 of a [[mil]] (according to the Rabba) and the Gemara Pesachim says a person can walk 4 [[mil]]. Rabbenu Tam answers that the Gemara [[Shabbat]] was referring to the end of the [[Shekiyah]] and from then until [[Tzet HaKochavim]] is 3/4 of a [[mil]], while the Gemara Pesachim is discussing the beginning of [[Shekiyah]] which takes 4 [[mil]] until [[Tzet HaKochavim]]. Ramban (cited by [[Maggid]] Mishna), [[Maggid]] Mishna ([[Shabbat]] 5:4), and Ran ([[Shabbat]] 15a) agree. The Ran ([[Shabbat]] 15a) explains that according to Rabbenu Tam there's two Shekiyot. After the first it is still considered daytime until 3.25 [[mil]] after the beginning of the [[Shekiyah]]. [[Bein HaShemashot]], which is uncertain day or night, spans 3/4 of a [[mil]] and begins from the beginning of the second [[Shekiyah]]. See Beiur Halacha 261 s.v. Metechila who explains that the first [[Shekiyah]] is when the sun sets from our vision, and the second [[Shekiyah]] is when the light from the sun leaves the sky.
*'''Does halacha follow Rabbenu Tam?''' The Shulchan Aruch 261:2 rules in accordance with Rabbenu Tam and states that from the beginning of the [[Shekiyah]] until [[Bein HaShemashot]] there's 3.25 [[mil]] and then [[Bein HaShemashot]] itself is .75 of a [[mil]], which is equivalent to the time it takes to walk 1500 [[amot]]. Beiur Halacha 261 s.v. Metechila writes that for sure one should be strict for the Gra not to do any melacha after sunset.
*'''(3) Shmuel's opinion:''' Then, Shmuel ([[Shabbat]] 35b) says that [[Bein HaShemashot]] is as long as two stars are seen in the sky, but if there’s only one star, it’s day, and if it’s three, then it’s night. The Gemara then clarifies that the stars which were discussed are medium size stars. Similarly, the Yerushalmi ([[Brachot]], cited by Ran 15a) says that [[Shabbat]] concludes when three stars can be seen in one area and not spread out. The Rambam ([[Shabbat]] 5:4) rules like Shmuel that when three medium size stars are seen it is certain nighttime. The Kesef Mishna ([[Shabbat]] 5:4) is bothered why the Rambam said that [[Bein HaShemashot]] begins from [[Shekiyah]] and ends when three stars are seen, choosing the opinion of Rabba for the beginning of [[Bein HaShemashot]] and Shmuel for the end of [[Bein HaShemashot]]. He answers that really Rabba and Shmuel agree and just describe it differently. This may also be the intent of the Rif (15a) and Rosh 2:23 who say that halacha follows Rabba as a stringency and also quote Shmuel without anyone arguing. See Or Letzion Vol. 1 YD 1:10 who offers a novel interpretation of the opinion of the Rambam that he holds like Rabbi Yose (see there for the halachic implications). See also Beur Halacha 416 who paskens like Rabbi Yose MeIkar HaDin, as well, and Chazon Ovadia Shabbat Vol. 1 pp. 264.</ref>
#The Gemara rules that if one does a Melacha on [[Shabbos]] for the duration of Bein Hashemashos on Friday evening and Saturday evening, one has certainly violated [[Shabbos]], and must bring a sin-offering. <ref>[[Shabbos]] 35b, Rambam (Hilchot [[Shabbos]] 5:4). This is because if one treats [[Bein Hashemashot]] as day, one broke [[Shabbos]] on Saturday evening. If one treats [[Bein Hashemashot]] as night, one violated [[Shabbos]] on Friday evening. </ref>
#Therefore, one cannot perform Melacha during [[Bein Hashemashot]]. <ref>Mishnah [[Shabbos]] 34b </ref>

==Miscellaneous==
===Toch Kedei Dibbur===

#[[Kedei Dibbur]] is the time it takes to say Shalom Alecha Rebbe. <ref>Kitzur Shulchan Aruch (Klalim s.v. Kedei)</ref>
#[[Toch Kedei Dibbur]] is less than the time it takes to say Shalom Alecha Rebbe.<ref>Kitzur Shulchan Aruch (Klalim s.v. Kedei)</ref>

===Kdei Aniva===

#There are several opinions about how long Kdei Aniva is, however, one doesn't need to be strict to consider it to be longer than 2 gudalin. <ref>How long is kdei aniva? There’s several opinions about this topic:

*Smag- long enough to loop around all the rest of the 7 strings.
*Chayei Adam, Kitzur Shulchan Aruch 9:13- 4 gudalin, Beiur Halacha: 2 gudalin, Eliya Rabba (paskening like Rif and Rosh)- long enough to loop around just 1 string (very short).
*The Beiur Halacha concludes that there’s no need to be strict for more than 2 gudalin. And he says if you have no choice, you can rely on the Eliya Rabba. see [http://ph.yhb.org.il/07-08-11/ Peninei Halacha]</ref>
#How long is the shiur of 2 godlin in practical terms? Chazon Ish : 5 cm, Rav Chaim Naeh: 4 cm. Rav Mordechai Eliyahu (comments to Kitzur 9:13) writes that Kedi Anivah is 4 cm.

===Yad Soledet Bo===

#For purposes of cooking on Shabbat and Kashrut, Yad Soledet Bo is certainly hotter than 113 degrees Fahrenheit. <ref>Shemirat Shabbat Kehilchata (ch. 1, note 3), Badei Hashulchan 92:151</ref> Others are concerned for anything over 110 degrees Fahrenheit and over 160 degrees is certainly yad soledet bo. <ref>Igrot Moshe (OC 4:74 Bishul no. 3), The Laws of Kashrut p. 111). [https://www.yutorah.org/sidebar/lecture.cfm/788227/rabbi-hershel-schachter/kashrus-in-the-home/ Rav Hershel Schachter ("Kashrus in the Home" 2012, about min 30)] quotes Rav Soloveitchik that yad soledet bo is at least 140 degrees and no more than 160 degrees.</ref>

==Links==

*[http://www.yutorah.org/lectures/lecture.cfm/763395/Rabbi_Michael_Taubes/_Parshas_Eikev_How_Big_is_a_Kezayis_ How Big is a Kezayis] by Rabbi Michael Taubes

==Sources==
<references />
[[Category:Brachot]]

When Does Shabbat End?

2019-08-09T00:46:14Z

Ezralevy: /* Sources */

{{Stub}}

#According to Sephardim, a Yireh Shamayim should be strict to refrain from Melacha until 72 minutes after sunset like Rabbenu Tam.<ref>Yalkut Yosef 293:3</ref> These 72 minutes are proportional to the length of the day, and do not depend on current location.<ref>Zmanim KHalacha, page 43, quoting Hacham Ovadia zt"l. Hence, 72 minutes would be 1.2 multiplied by the day's shaa zmanit.</ref>
#According to Sephardim, it is permitted for someone who keeps Rabbenu Tam time to ask someone who doesn't keep Rabbenu Tam time to do Melacha for him.<ref>Yalkut Yosef 293:11</ref>

==Sources==
<references />
[[Category:Shabbat]]

Reference of Measurements in Halacha

2019-08-09T00:44:15Z

Ezralevy: /* Olot HaShachar */

[[Image:Measuring Tools.png|200px|right]]
There are many different [[measurements]] used in the Torah and classical Rabbinic Seforim, which are important for daily living. An example is the specific amount of wine that [[Kiddush]] is made on: One [[Revi'it]]. If one doesn't know how much a [[Revi'it]] is, how can one fulfill the Mitzvah properly?
The modern day equivalents for many Hebrew [[measurements]] are discussed below.
In addition, discussed below are many Halachic times which also matter for everyday use.
==Food or Drink==
===Kezayit===

#According to Ashkenazim, all sizes are measured in volume and not weight.<ref>Mishna Brurah 456:3, Vezot HaBracha (pg 6) </ref> However, according to Sephardim the actual halacha is that measures are in volume but the minhag is to follow the measures in weight. <ref>See Yalkut Yosef (Klalei [[Brachot]] pg 195-202) who discusses this at length. However, see Or Letzion (Vol. 3, Introduction) who argues that the custom to use weight is only for foods which have similar density to water, but for other foods (like Matza) one would use volume. Halacha Brurah 210:2 rules that the kezayit is measured by volume and not weight. See Otzrot Yosef 8:9. </ref>
#There’s a dispute in the Rishonim whether the [[Kezayit]] (olive size) is a half or third of a [[KeBaytzah]] (egg size), and regarding [[Bracha Achrona]] and Deoritta Mitzvot, the halacha follows the opinion that a [[Kezayit]] is half a KeBeytzah. <ref>*Mishna Brurah 486:1 writes that the Tosfot holds a [[Kezayit]] is half of a KeBeitzah with the shell and the Rambam holds it is a third of a KeBeitzah (see Tosfot (Yoma 80b s.v. Agav), Rambam (Eiruvin 1:9)). S”A 486 rules like Tosfot. Rav Avraham Chaim Noeh (Shiurei Torah 3:12) argues that Tosfot holds half a KeBeitzah without the shell.
*What's the halacha? Mishna Brurah 486:1 rules that for Deoritta Mitzvot and [[Bracha Achrona]], one should eat the size of half a KeBeitzah, but for Derabbanan Mitzvot, one third suffices. He adds that since one has to make a Bracha on [[maror]], one should eat half a KeBeitzah.
*Chazon Ish 39:17 decided that we could be lenient like the Rambam. see below for an exact amount according to Chazon Ish</ref>
#According to Rav Chaim Noeh, the [[Kezayit]] for Deoritta measures (eating [[Matzah]]) and [[Bracha Achrona]] is 27cc. The Chazon Ish’s opinion is that the [[Kezayit]] is 33.3 grams (1.3 oz). <ref>*The Tzlach (Pesachim 116b) holds that the modern day eggs are half the size of those in the days of Chazal. However, Rav Noeh (Shiurei Torah Shaar 3) argues that the modern day eggs have not changed from the days of Chazal. Mishna Brurah 486:1 writes that for the mitzvah deoraitta of [[matza]], one should follow the stringent view of the Tzlach. see Rav Shlomo Wahrman (Orot Haesach 28) who explains why there is no need to say that the eggs have shrunk since the times of the Gemara. see also Maaseh Rav 74, where it says that the Gra accepted the position of the Tzlach.
*Practically, how much is a [[Kezayit]]?
**(1) Rav Chaim Noeh in Shiurei Torah (3:11, pg 191, 5707) writes that for Deoritta Mitzvot one should eat 28.8cc, however, in Shiurei Tzion (p. 70, 5709) he writes that it is 27cc. Vezot HaBracha (Birur Halacha 1) explains that Rav Chaim Noeh retracted from his original ruling.
**(2) Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) quotes the Chazon Ish that a [[Kezayit]] is 2/3 of a modern egg and an egg can possibly be up to 55cc. Therefore, Vezot HaBracha (Birur Halacha 1) writes that the Chazon Ish holds that 33.3cc is a [[Kezayit]]. The Chazon Ish's opinion of [[Kezayit]] is partially based on the opinion of the Tzlach. see also Chazon Ish in Hilchot [[Shabbat]] 39.
**(3) Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Kezayit]] is 31.2cc. [However, Rabbi Bodner in Halachos of K’zayis (p. 24) writes that Rav Dovid Feinstein told him that Rav Moshe never measured the eggs himself and it was his student who calculated 1.1oz, but that if his calculations were more precise he should use those. Therefore, Rabbi Bodner rules, based on his own calculations, that a [[Kezayit]] is 27.2cc.]
**(4) Rav Mordechai Willig ([http://www.yutorah.org/lectures/lecture.cfm/760487/Rabbi_Mordechai_I_Willig/How_Much_Matza_Do_You_Need_to_Eat Pesach To-Go, Nisan 5771], p. 60) is of the opinion that the size in volume of a kezayis is 22.5 cubic centimeters.
</ref>
##The minhag of the world and many other authorities is to follow Rav Chaim Noeh’s opinion. <ref>Vezot HaBracha (pg 6, Birur 1, pg 221) quotes Rav Elyashiv and Rav Shlomo Zalman saying that for [[Bracha Achrona]] the widely accepted measurement of the [[Kezayit]] is according to Rav Chaim Noeh. Vezot HaBracha also mentions that such is the minhag of the world. </ref>
#If one ate between a third and a half a [[KeBaytzah]] one should not make a Bracha achrona because of safek [[Brachot]]. Therefore, one should have less than a third and not make a Bracha achrona or more than a half and make a Bracha achrona. <ref>Mishna Brurah 486:1 </ref>
#On Mitzvot Deoritta such as eating [[Matzah]] one must be strict to hold a [[Kezayit]] is a half a [[KeBaytzah]]. However, regarding מצות Derabbanan it’s preferable to hold that a [[Kezayit]] is a half a kebaytzah, however, one may rely on the opinion that a [[Kezayit]] is a third a kebaytzah. <ref>Mishna Brurah 486:1 </ref>
#One needs to make sure that he does not count air in the food as part of the shiur of kezayis. If one has a food that is hollow, a kezayis of that food is considered when the food would be pressed.<ref>Rama 486:1 </ref>

===Kedi Achilat Pras===

#See [[Kedi Achilat Pras]] (the time in which a [[Kezayit]] is considered eaten together)

===KeBaytzah===

#According to Rav Chaim Noeh, the KeBaytzah is 55cc, and according to the Chazon Ish, it is 100cc. <ref>Vezot HaBracha pg 6 </ref>

===Revi'it===

#A Reviyit is a [[KeBaytzah]] and a half.<ref>Mishna Brurah 486:1 </ref> Therefore, Rav Chaim Noeh holds that the [[Reviyit]] is 86 grams (3 oz),<ref>Shiurei Tzion (p. 69)</ref> the Chazon Ish holds that the [[Reviyit]] is 150 grams (5.3 oz).<ref>Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) according to the rulings of the Chazon Ish </ref>, and some quote Rav Moshe as saying the Revi'it is 3.3 oz. <ref>Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Reviyit]] is 3.3 oz.</ref>
#With regards to drinking [[the four cups of wine]], see the [[Required Amount of Matzah and Wine for the Seder]] page.

===Kedei Shtiyat Reviyit===

#See Kedei Shtiyat Revi'it (the time in which a Revi'it is considered drunk together).

==Length==
===Amah, Tefach, Etzbah===
{| class="wikitable sortable"
!
!Amah
!Tefach
!Etzbah
|-
|Rav Moshe Feinstein<ref>Sh”t Igrot Moshe O”C 1:136. writes that the [[Amah]] is 21.25 inches and one can be strict to hold that it is 23 inches. Similarly, the Aruch Hashulchan YD 286:21 writes that 4 amot is one Russian ''sazhen'' which is the equivalent of 7 feet (see [https://en.wikipedia.org/wiki/Obsolete_Russian_units_of_measurement Wikipedia's page on Russian measurements]) meaning that the amah is 21 inches. [https://asif.co.il/download/kitvey-et/kol/kol-30/1-29.pdf Dr. Gideon Freedman in Kol Bramah v. 4 p. 229] proves that the Aruch Hashulchan YD 201:3 and Mishna Brurah 358:7 both hold that the amah is 21 inches. The Aruch Hashulchan says that an amah is three quarters of a arshin and an arshin is 71.12 cm. The Mishna Brurah ties 53 russian arshins to 70.83 amot. See there for the calculations.</ref>
|21.25 in. (53.98 cm)
|3.54 in. (9.00 cm)
|0.89 in. (2.25 cm)
|-
|Rav Chaim Noeh<ref>Shiurei Torah (by Rav Chaim Noeh, Siman 3 Seif 25 pg 249) </ref>
|18.90 in. (48 cm)
|3.15 in. (8 cm)
|0.79 in. (2 cm)
|-
|Chazon Ish<ref>Shiurin shel Torah (pg 3) by the Steipler quoting the Chazon Ish but admitting that these are approximate measures because of the need to publicize the measures but not an accurate calculation. </ref>
|24 in. (60.96 cm)
|4 in. (10.16 cm)
|1 in. (2.54 cm)
|}

===Mil===

#When [[Mil]] is given in terms of time, some consider it 18 minutes, some 22.5 minutes, and some 24 minutes. <ref>Shulchan Aruch 459:2 writes that the [[mil]] is 18 minutes. Rama 261:1 agrees. Beiur Halacha 459:2 s.v. Haviy quotes some who consider it 22.5 minutes and others who say that it is 24 minutes.</ref>
#When [[Mil]] is given in terms of distance it is equal to 2000 [[Amot]]. <ref>Rashi Yoma 67a s.v. shivah and Tosfot Shabbat 34b s.v. safek write that a mil is 2000 amot. Shulchan Aruch 261:2 writes that 3/4 of a [[mil]] is equal to 1500 [[amot]], implying a [[mil]] is 2000 [[amot]]. [http://www.yeshiva.org.il/midrash/shiur.asp?id=15883#3b Rabbi Melamed on yeshiva.org.il] writes that a [[mil]] is 2000 [[amot]].</ref>

==Money==
===Prutah===

#A [[prutah]] is 1/40 of a gram of silver (which is about a few cents). However, the [[prutah]] with regards to the mitzvah of returning a lost object is discussed [[Returning_Lost_Objects#Worth_a_Prutah| here]]. <ref>S”A CM 88:1 says a [[prutah]] is a half of a pearl of barley. Shiurei Torah (Rav Chaim Noeh pg 177) and Shiurei HaMitzvot (Chazon Ish pg 65) say a [[prutah]] is 1/40 of a gram of silver (which currently is about 2.3 cents). Halachos of [[Chanukah]] (Rabbi Shimon Eider, pg 38) quotes Rav Moshe Feinstein saying that a [[prutah]] is 2 or 3 cents and not just one penny. See Halachos of Other People’s Money (Rabbi Bodner pg 150) who quotes Rav Moshe regarding a [[prutah]] for the mitzvah of returning a lost object. </ref>

===Asara Zehuvim===

#If someone steals someone else's mitzvah they should pay them the 10 zehuvim, which is equal to 1200 grams of silver (roughly $650 but varies).<ref>Rav Chaim Noeh (Shiurei Torah p. 379 ch. 3 n. 45) writes that the 10 zehuvim are equal to 250 silver dinar which are 1200 grams of silver.</ref>

==Time==
===Shaot Zmaniot===

#[[Shaot Zmaniot]] are halachic hours which are calculated by dividing the daytime hours into 12. There’s a dispute of how to measure the day; some count the day from Olot HaShachar until [[Tzet HaKochavim]] (Magen Avraham) <ref>Many authorities holds that the halachic hours in the day are considered from Olot including: Sh”t Trumat HaDeshen 1, Levush 267, Minchat Cohen (Mevoh Shemesh 2:6) in name of Tosfot Ramban and Rashba, Bach (431), Taz 433, Pri [[Chadash]] 443, Magen Avraham 58:1, 433:3, Eliyah Raba 58:2, Mizbe’ach Adama 4a, Mikraeh Kodesh 158b, Mateh Yehuda 433, Sh”t Chaim Shal 2:38(70), Tov Ayin 18:38, Sh”t Teshuva MaAhava 1:25, Shalmei Tzibbur 93c, Chesed Alafim 58:5, Chaye Adam 21:3,27:1, Kitzur Shulchan Aruch 17:1, Magen Giborim (Shiltei Hagiborim 58:3), and Rav Poalim O”C 2:2. </ref>, and some count it from [[HaNetz]] until [[Shekiah]] (Gra).<ref>Many authorities hold that the halachic hours of the day are considered to begin from [[HaNetz]] incluing: Rambam’s Sh”t Pear Hadar 44 (as understood by Halacha Brurah (Shaar Tzion 58:17), Rav Chaim Drok (Noam 9 pg 235), and Orot Chaim 320 against the Yetsiat Mitzmayim (Sefaka Deyoa pg 115)), Siddur Rav Sadyah Goan pg 12, Minchat Cohen Mevoh Hashemesh 2:6 in name of Goanim, Rambam, Rabbenu Yonah, Hagahot Maimon, and Mordechai (Pri [[Chadash]] rejects his proofs), Shiltei Hagiborim on the Mordechai ([[Brachot]] 4:3) (as understood by Magen Avraham 233:3, Shaar Tzion 233:10, and Kaf HaChaim 233:7), Levush (233:1,267), Shaarei Knesset Hagedolah 58:8, Tosfot [[Yom Tov]] (Pesachim 2:3), and Biur HaGra 459:2.</ref>
##According to Sephardim, regarding Deoritta laws (including [[Kriyat Shema]]) one should be strict for the opinion of the Magen Avraham. <ref>In conclusion, Minchat Cohen (Mevoh Hashemesh 2:9), Erech HaShulchan 433, Halichot Olam (vol 1, Vaera 3), and Yalkut Yosef (vol 1, pg 98) write that one should be strict for the opinion of the Magen Avraham for Deoritta issues, for example [[Kriyat Shema]]. </ref>
##Among Ashkenazim, some are strict to hold like the Magen Avraham, unless there is an serious need, in which case one may hold like the Gra. <ref>Rabbi Yechiel Michel Tukachinsky in Sefer Eretz Yisrael (pg 18#3) writes that the minhag of [[Israel]] is to follow the magen avraham and only under pressure may one rely on the Gra.</ref> However, some are lenient to rely on the Gra. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 77-79) says that many follow the opinion of the Gra in calculating the time for Sof [[Kriyat Shema]]. </ref>

===Olot HaShachar===

#Many rishonim hold that [[Olot HaShachar]] is 72 minutes before sunrise on a "perfect day" (when sunrise and sunset are exactly 12 hours apart) in Jerusalem which is equivalent to when the sun is 16 degrees below the horizon for everywhere in the world, however, others hold that [[Olot HaShachar]] is 90 minutes on a perfect day which is 19.78 degrees below the horizon. <ref>*The Rosh (Brachot 4:1) writes that Olot for the korban tamid and Shacharit is after the rays of the sun begin to show and also the Eastern part of the sky began to become light. This is also the opinion of the Rabbenu Yerucham cited by Bet Yosef 89:1. Shulchan Aruch 89:1 codifies their opinion. Magen Avraham 89:3 argues that many rishonim hold that Olot is once the rays of the sun begin to show even though the Eastern part of the sky isn't light. Torat Yoma 28a siman 11 writes that the Rambam Pirush Mishnayot Yoma 3:1 and Ritva Yoma 28a hold like the Rosh and Rabbenu Yerucham, while Rashi sides with the Magen Avraham. Practically, the Mishna Brurah (Biur Halacha 89:1 s.v. v'im) writes that one shouldn't be lenient for the Magen Avraham as the Eliya Rabba, Mateh Yehuda, and Gra argue with the Magen Avraham. Therefore, Olot is once the rays of the sun began to show and also the Eastern part of the sky became light.
*Sefer Zmanim KeHilchatam (Rabbi Berstein, pg 347) writes that 72 minutes on a perfect day in Jerusalem is equal to when the sun is 16 degrees below the horizon and 90 minutes is equal to 19.78 degrees below the horizon. He personally rules that one should be strict for both of these opinions for Deoritta halachas and those derabbanan halachas where safek is lechumra. He tries to prove that this is the opinion of the Mishna Brurah (92:3, Beiur Halacha 163:1 s.v. Berachok). However, he totally rejects the opinion that [[Olot HaShachar]] is 120 minutes before sunrise. [It is noteworthy that astronomical dawn is the time when the Sun is at 18 degrees below the horizon and before then the sky is absolutely dark ([timeanddate.com https://www.timeanddate.com/astronomy/different-types-twilight.html]).]
*He also quotes Rabbi Tukachinsky who held like the opinion of 90 minutes.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 65-7) says that we assume that [[Olot HaShachar]] depends on degrees below horizon and the specific times vary according to one’s location. Similarly, [http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 19-21) mentioned in passing that [[Olot HaShachar]] is assumed to be 72 minutes before sunrise, varying according to the longitude and latitude.</ref>
# According to Sepharadim, Alot HaShachar is 72 minutes before sunrise.<ref> Yalkut Yosef, Kitzur Shulchan Aruch, Siman 58, Seif 3. </ref> These minutes are proportional to the length of the day,<ref> Yalkut Yosef, Pesuke DeZimra and Keriat Shema, pages 432-433 based on Rambam, Perush Mishnayot, Masechet Berachot, Perek 1.</ref> and do not depend on current location.<ref>Zmanim KHalacha, page 43, quoting Hacham Ovadia zt"l. Hence, 72 minutes would be 1.2 multiplied by the day's shaa zmanit.</ref>

===MeSheyakir===

#There is a wide range of opinions precisely when Misheyakir occurs in Jerusalem on a perfect day, when there is exactly 12 daylight hours and every seasonal hour consists of 60 minutes. The three opinions include: 35 minutes before sunrise,<ref>Rav Moshe Feinstein in Le-Torah ve-Hora'ah Vol. 3:7 and in Iggeros Moshe OC 4:6 holds of 35 minutes. Rav Yaakov Kamenetsky in Emes liyaakov OC 58:1 rules that it is 36 minutes before sunrise. Zmanei Halacha LeMaaseh (pg 19) holds of 40 minutes before sunrise. </ref> 60 minutes before sunrise,<ref>Rav Tukaczinsky in Sefer Eretz Yisrael 1:4 (pg 18), Kaf HaChaim 18:18, Sh"t Binyan Tzion 2:16 hold of 60 minutes before sunrise. Nivreshet (vol 1, pg 43) holds of 52 minutes.</ref> and 66 minutes before sunrise.<ref>Rav Ovadya Yoseh in Yechave Daat 2:8</ref>
#The various opinions would then have to be extrapolated according to the region of the world and time of year.<ref>*There are two factors at work here: First, the processes of daybreak and nightfall occur faster at places near the equator than places further away from the equator. Second, the speed of these processes are also affected by the seasons.
*A common solution would be to use seasonal minutes. In order to calculate a seasonal hour, one would need to add up all the daytime minutes and then divide by 12 to get the number of minutes that are in each seasonal hour. For instance, if there were 11 hours of daylight, each seasonal hour would consist of 55 minutes. To further complicate matters, there are two ways of counting the daytime minutes: The Magen Avraham counts from dawn until nightfall with the emergence of 3 stars, whereas the Gra counts from sunrise to sunset.
*Another means for calculation, which has only recently been implemented, is to compare the level of brightness by using the relative position of the sun. For instance, it has been determined that 60 minutes before sunrise on a perfect day in Jerusalem the sun is 12.9 degrees below the horizon. Therefore, if one wanted to find the equivalent time anywhere in the world during any season, he would simply determine at what time the sun will be 12.9 degrees below the horizon in that locale on that day and that would be the extrapolated Meshiyakir.</ref> Thus, according to the commonly accepted opinion that Meshiyakir is between 50 and 60 minutes before sunrise in Jerusalem - In New York, depending on the time of the year, it could be anywhere from 56-73 minutes before sunrise.<ref>MyZmanim.com. These figures are determined using MyZmanim’s earliest published position of 11.5 degrees below the horizon. Unfortunately, MyZmanim.com only offers calculations based upon 10.2 degrees, 11 degrees, and 11.5 degrees but not 12.9 degrees. It is unfortunate because 12.9 degrees correlates to Rav Tukaczinsky’s 60 minutes before sunrise which, although is a very lenient position is also well collaborated and accepted.

*[http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 21-23) mentions in passing that [[MeSheYakir]] is about 40 or 50 minutes before sunrise.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 68-70) says that Rav Moshe held [[MeSheYakir]] is between 35-40 minutes before sunrise and seems to agree with him, although he mentions that some say it’s 55 minutes before sunrise.</ref>

===HaNetz HaChama (Sunrise)===

#[[HaNetz HaChama]] is sunrise which is halachically the same as the astronomical calculation of sunrise.<ref>*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunrise is the same as the sunrise calculated by the naval observatory which is when the sun begins to rise. Halacha Brurah 58:7 proves that netz is astronomical sunrise when the upper edge of the sun is on the horizon as opposed to the opinion of the Divrei Dovid 36 and Ben Ish Chai Vayishlach no. 4 that it is 2.6 minutes earlier.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 72-77) says that sunset should be determined as though the mountains to the east and west are at sea level and do not block the visibility of the sun. However, the elevation of the place one is currently located is taken into consideration and if one is in a valley the sunset is a little later (less than 5 minutes) than what would have been visible. Yet, he adds, that most opinions hold that regarding sunrise both one’s location’s elevation and surrounding mountains are taken into consideration.</ref> This is the standard time printed for netz such as on myzmanim.com.

===Chatzot===

#[[Chatzot]] is midday and midnight, always separated by 12 hours.<ref>Mishna Brurah 1:9 writes that [[chatzot]] at night is always 12 hours after [[chatzot]] of day for any place in the world.</ref>

===Mincha Gedola===

#Mincha Gedola is six and a half halachic hours (Shaot Zmaniot) after sunrise.<ref>Rashi (Pesachim 107a s.v. mincha gedola), Rambam (Tefillah 3:2)</ref>

===Mincha Ketana===

#Mincha Ketana is nine and a half halachic hours (Shaot Zmaniot) after sunrise.<ref>Rashi (Pesachim 107b s.v. oh), Rambam (Tefillah 3:2)</ref>

===Shekiyah (Sunset)===

#[[Shekiyah]] is sunset which, in general, is halachically the same as the astronomical calculation of sunset. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunset is the same as the sunset calculated by the naval observatory which is when the sun has completely set. </ref>

===Tzet HaKochavim (Emergence of the stars)===

#There's a major dispute when Tzet HaKochavim is: Rabbenu Tam assumes that it's about 72 minutes after [[Shekiyah]] and the Gra assumes that it's three quarters of a [[mil]] after [[Shekiyah]], varying according to one's location. <ref>Rabbi Hershel Schachter on [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha# yutorah.org (min 43-5)] explains that many practice like the Gra regarding Tzet HaKochavim on [[Motzei Shabbat]]. See Biur HaGra and Mishna Brurah 261. Pri Megadim assumes that according to Rabbenu Tam, 72 minutes is a fixed time, but Mishna Brurah writes that it varies according to one's location.</ref>

===Bein HaShemashot===

#[[Bein HaShemashot]] is the time period between certain daytime and certain nighttime. In many halachot, it is considered a ''safek,'' or doubt, whether it is considered day or night and has many practical ramifications. There is a major dispute regarding the length of this period. <ref>*'''(1) Gemara [[Shabbat]]''' 34b says [[Bein HaShemashot]] is considered as a doubt whether it is considered daytime or nighttime. When is [[Bein HaShemashot]]? Rabbi Yehuda says that [[Bein HaShemashot]] starts from [[Shekiyah]] and concludes when the entire ball of the sun has set. Rabbi Yose, however, says that [[Bein HaShemashot]] is as short as the blink of an eye, though R. Yose also agrees that there is a doubt (Tosfot 34b s.v. Rabbi Yose). R. Nechemya says that it is from [[Shekiyah]] and lasts the length of time it takes to walk a half [[mil]]. [Note, a mil is 2000 amot (see above).]
*'''Explanation of Rabbi Yehuda's opinion:''' Rabba explains Rabbi Yehuda as saying that [[Bein HaShemashot]] starts from [[Shekiyah]] even though the sky is still red, while Rav Yosef says [[Bein HaShemashot]] starts from when the sun already set. It follows, says the Gemara, that according to Rabba the span of [[Bein HaShemashot]] is 3/4 of a [[mil]] and according to Rav Yosef [[Bein HaShemashot]] is 2/3 of a [[mil]].
*'''Who do we follow, Rabba or Rav Yosef, in explaining Rabbi Yehuda?''' The Rif (15a) writes that since it is unclear whether halacha follows Rav Yosef or Rabba, one should be strict to follow Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Then he says that it seems halacha should follow Rabba because halacha always follows Rabba with three exceptions and this isn't one of them. Similarly, Rambam ([[Shabbat]] 5:4) rules like Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Rabbenu Yonah (quoted by Rosh [[Shabbat]] 2:23) argues that since they're not arguing about which logic is correct but about what Rav Yehuda said the halacha follows both Rabba and Rav Yosef, whichever way will be a stringency. Therefore, in context of [[accepting Shabbat]], Rama 261:1 rules like Rabba that [[Bein HaShemashot]] is 3/4 of a [[mil]].
*'''Explanation of Rabbi Yose's opinion:''' Shmuel ([[Shabbat]] 35a) says that Rav Yose’s concept of [[Bein HaShemashot]] takes place after the [[Bein HaShemashot]] already finished. Tosfot ([[Shabbat]] 34b s.v. Rabbi Yose) explains that even according to Rabbi Yose there’s a window of time when there is an uncertainty whether it is day or night but it isn’t as long as it is for Rabbi Yehuda. Rosh (Shabbat 2:23) discusses whether Rabbi Yose's [[Bein HaShemashot]] begins immediately after Rabbi Yehuda's or a while afterwards and doesn't come to a clear conclusion. Rashi to 35a s.v. Bein HaShemashot DeRabbi Yose seems to hold that it is right after R. Yehuda's period.
*'''Who does the halacha follow? Rabbi Yehuda or Rabbi Yose''' The Briatta ([[Shabbat]] 34b) says that in regards to practical ramifications [[Bein HaShemashot]] is always considered day as a stringency and night as a stringency. Rif ([[Shabbat]] 14b) and Rambam ([[Shabbat]] 5:4) codify this Briatta. Shulchan Aruch 261:1 rules that during [[Bein HaShemashot]] one may not do anything one may not do on [[Shabbat]] with some exceptions (see there). Therefore, Rabbi Yochanan ([[Shabbat]] 35a) says that we follow Rabbi Yehuda regarding [[Shabbat]] as a stringency and Rabbi Yose regarding Trumah as a stringency. Rif (15a) and Rosh 2:23 codify Rabbi Yochanan as halacha.
*'''(2) Gemara Pesachim''' 94a records Rabbi Yochanan's statement that an average person can walk 30 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and 5 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]] (according to Rashi s.v. Ovav). The Gemara challenges this and explains really an average person can walk 32 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and only 4 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]].
*'''The opinion of Rabbenu Tam:''' Tosfot (Pesachim 94a s.v. Rabbi Yehuda and [[Shabbat]] 35a s.v. Trei) is bothered how the Gemara [[Shabbat]] seems to say that from [[Shekiyah]] until [[Tzet HaKochavim]] a person can walk 3/4 of a [[mil]] (according to the Rabba) and the Gemara Pesachim says a person can walk 4 [[mil]]. Rabbenu Tam answers that the Gemara [[Shabbat]] was referring to the end of the [[Shekiyah]] and from then until [[Tzet HaKochavim]] is 3/4 of a [[mil]], while the Gemara Pesachim is discussing the beginning of [[Shekiyah]] which takes 4 [[mil]] until [[Tzet HaKochavim]]. Ramban (cited by [[Maggid]] Mishna), [[Maggid]] Mishna ([[Shabbat]] 5:4), and Ran ([[Shabbat]] 15a) agree. The Ran ([[Shabbat]] 15a) explains that according to Rabbenu Tam there's two Shekiyot. After the first it is still considered daytime until 3.25 [[mil]] after the beginning of the [[Shekiyah]]. [[Bein HaShemashot]], which is uncertain day or night, spans 3/4 of a [[mil]] and begins from the beginning of the second [[Shekiyah]]. See Beiur Halacha 261 s.v. Metechila who explains that the first [[Shekiyah]] is when the sun sets from our vision, and the second [[Shekiyah]] is when the light from the sun leaves the sky.
*'''Does halacha follow Rabbenu Tam?''' The Shulchan Aruch 261:2 rules in accordance with Rabbenu Tam and states that from the beginning of the [[Shekiyah]] until [[Bein HaShemashot]] there's 3.25 [[mil]] and then [[Bein HaShemashot]] itself is .75 of a [[mil]], which is equivalent to the time it takes to walk 1500 [[amot]]. Beiur Halacha 261 s.v. Metechila writes that for sure one should be strict for the Gra not to do any melacha after sunset.
*'''(3) Shmuel's opinion:''' Then, Shmuel ([[Shabbat]] 35b) says that [[Bein HaShemashot]] is as long as two stars are seen in the sky, but if there’s only one star, it’s day, and if it’s three, then it’s night. The Gemara then clarifies that the stars which were discussed are medium size stars. Similarly, the Yerushalmi ([[Brachot]], cited by Ran 15a) says that [[Shabbat]] concludes when three stars can be seen in one area and not spread out. The Rambam ([[Shabbat]] 5:4) rules like Shmuel that when three medium size stars are seen it is certain nighttime. The Kesef Mishna ([[Shabbat]] 5:4) is bothered why the Rambam said that [[Bein HaShemashot]] begins from [[Shekiyah]] and ends when three stars are seen, choosing the opinion of Rabba for the beginning of [[Bein HaShemashot]] and Shmuel for the end of [[Bein HaShemashot]]. He answers that really Rabba and Shmuel agree and just describe it differently. This may also be the intent of the Rif (15a) and Rosh 2:23 who say that halacha follows Rabba as a stringency and also quote Shmuel without anyone arguing. See Or Letzion Vol. 1 YD 1:10 who offers a novel interpretation of the opinion of the Rambam that he holds like Rabbi Yose (see there for the halachic implications). See also Beur Halacha 416 who paskens like Rabbi Yose MeIkar HaDin, as well, and Chazon Ovadia Shabbat Vol. 1 pp. 264.</ref>
#The Gemara rules that if one does a Melacha on [[Shabbos]] for the duration of Bein Hashemashos on Friday evening and Saturday evening, one has certainly violated [[Shabbos]], and must bring a sin-offering. <ref>[[Shabbos]] 35b, Rambam (Hilchot [[Shabbos]] 5:4). This is because if one treats [[Bein Hashemashot]] as day, one broke [[Shabbos]] on Saturday evening. If one treats [[Bein Hashemashot]] as night, one violated [[Shabbos]] on Friday evening. </ref>
#Therefore, one cannot perform Melacha during [[Bein Hashemashot]]. <ref>Mishnah [[Shabbos]] 34b </ref>

==Miscellaneous==
===Toch Kedei Dibbur===

#[[Kedei Dibbur]] is the time it takes to say Shalom Alecha Rebbe. <ref>Kitzur Shulchan Aruch (Klalim s.v. Kedei)</ref>
#[[Toch Kedei Dibbur]] is less than the time it takes to say Shalom Alecha Rebbe.<ref>Kitzur Shulchan Aruch (Klalim s.v. Kedei)</ref>

===Kdei Aniva===

#There are several opinions about how long Kdei Aniva is, however, one doesn't need to be strict to consider it to be longer than 2 gudalin. <ref>How long is kdei aniva? There’s several opinions about this topic:

*Smag- long enough to loop around all the rest of the 7 strings.
*Chayei Adam, Kitzur Shulchan Aruch 9:13- 4 gudalin, Beiur Halacha: 2 gudalin, Eliya Rabba (paskening like Rif and Rosh)- long enough to loop around just 1 string (very short).
*The Beiur Halacha concludes that there’s no need to be strict for more than 2 gudalin. And he says if you have no choice, you can rely on the Eliya Rabba. see [http://ph.yhb.org.il/07-08-11/ Peninei Halacha]</ref>
#How long is the shiur of 2 godlin in practical terms? Chazon Ish : 5 cm, Rav Chaim Naeh: 4 cm. Rav Mordechai Eliyahu (comments to Kitzur 9:13) writes that Kedi Anivah is 4 cm.

===Yad Soledet Bo===

#For purposes of cooking on Shabbat and Kashrut, Yad Soledet Bo is certainly hotter than 113 degrees Fahrenheit. <ref>Shemirat Shabbat Kehilchata (ch. 1, note 3), Badei Hashulchan 92:151</ref> Others are concerned for anything over 110 degrees Fahrenheit and over 160 degrees is certainly yad soledet bo. <ref>Igrot Moshe (OC 4:74 Bishul no. 3), The Laws of Kashrut p. 111). [https://www.yutorah.org/sidebar/lecture.cfm/788227/rabbi-hershel-schachter/kashrus-in-the-home/ Rav Hershel Schachter ("Kashrus in the Home" 2012, about min 30)] quotes Rav Soloveitchik that yad soledet bo is at least 140 degrees and no more than 160 degrees.</ref>

==Links==

*[http://www.yutorah.org/lectures/lecture.cfm/763395/Rabbi_Michael_Taubes/_Parshas_Eikev_How_Big_is_a_Kezayis_ How Big is a Kezayis] by Rabbi Michael Taubes

==Sources==
<references />
[[Category:Brachot]]

Reference of Measurements in Halacha

2019-08-09T00:40:34Z

Ezralevy: /* Olot HaShachar */

[[Image:Measuring Tools.png|200px|right]]
There are many different [[measurements]] used in the Torah and classical Rabbinic Seforim, which are important for daily living. An example is the specific amount of wine that [[Kiddush]] is made on: One [[Revi'it]]. If one doesn't know how much a [[Revi'it]] is, how can one fulfill the Mitzvah properly?
The modern day equivalents for many Hebrew [[measurements]] are discussed below.
In addition, discussed below are many Halachic times which also matter for everyday use.
==Food or Drink==
===Kezayit===

#According to Ashkenazim, all sizes are measured in volume and not weight.<ref>Mishna Brurah 456:3, Vezot HaBracha (pg 6) </ref> However, according to Sephardim the actual halacha is that measures are in volume but the minhag is to follow the measures in weight. <ref>See Yalkut Yosef (Klalei [[Brachot]] pg 195-202) who discusses this at length. However, see Or Letzion (Vol. 3, Introduction) who argues that the custom to use weight is only for foods which have similar density to water, but for other foods (like Matza) one would use volume. Halacha Brurah 210:2 rules that the kezayit is measured by volume and not weight. See Otzrot Yosef 8:9. </ref>
#There’s a dispute in the Rishonim whether the [[Kezayit]] (olive size) is a half or third of a [[KeBaytzah]] (egg size), and regarding [[Bracha Achrona]] and Deoritta Mitzvot, the halacha follows the opinion that a [[Kezayit]] is half a KeBeytzah. <ref>*Mishna Brurah 486:1 writes that the Tosfot holds a [[Kezayit]] is half of a KeBeitzah with the shell and the Rambam holds it is a third of a KeBeitzah (see Tosfot (Yoma 80b s.v. Agav), Rambam (Eiruvin 1:9)). S”A 486 rules like Tosfot. Rav Avraham Chaim Noeh (Shiurei Torah 3:12) argues that Tosfot holds half a KeBeitzah without the shell.
*What's the halacha? Mishna Brurah 486:1 rules that for Deoritta Mitzvot and [[Bracha Achrona]], one should eat the size of half a KeBeitzah, but for Derabbanan Mitzvot, one third suffices. He adds that since one has to make a Bracha on [[maror]], one should eat half a KeBeitzah.
*Chazon Ish 39:17 decided that we could be lenient like the Rambam. see below for an exact amount according to Chazon Ish</ref>
#According to Rav Chaim Noeh, the [[Kezayit]] for Deoritta measures (eating [[Matzah]]) and [[Bracha Achrona]] is 27cc. The Chazon Ish’s opinion is that the [[Kezayit]] is 33.3 grams (1.3 oz). <ref>*The Tzlach (Pesachim 116b) holds that the modern day eggs are half the size of those in the days of Chazal. However, Rav Noeh (Shiurei Torah Shaar 3) argues that the modern day eggs have not changed from the days of Chazal. Mishna Brurah 486:1 writes that for the mitzvah deoraitta of [[matza]], one should follow the stringent view of the Tzlach. see Rav Shlomo Wahrman (Orot Haesach 28) who explains why there is no need to say that the eggs have shrunk since the times of the Gemara. see also Maaseh Rav 74, where it says that the Gra accepted the position of the Tzlach.
*Practically, how much is a [[Kezayit]]?
**(1) Rav Chaim Noeh in Shiurei Torah (3:11, pg 191, 5707) writes that for Deoritta Mitzvot one should eat 28.8cc, however, in Shiurei Tzion (p. 70, 5709) he writes that it is 27cc. Vezot HaBracha (Birur Halacha 1) explains that Rav Chaim Noeh retracted from his original ruling.
**(2) Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) quotes the Chazon Ish that a [[Kezayit]] is 2/3 of a modern egg and an egg can possibly be up to 55cc. Therefore, Vezot HaBracha (Birur Halacha 1) writes that the Chazon Ish holds that 33.3cc is a [[Kezayit]]. The Chazon Ish's opinion of [[Kezayit]] is partially based on the opinion of the Tzlach. see also Chazon Ish in Hilchot [[Shabbat]] 39.
**(3) Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Kezayit]] is 31.2cc. [However, Rabbi Bodner in Halachos of K’zayis (p. 24) writes that Rav Dovid Feinstein told him that Rav Moshe never measured the eggs himself and it was his student who calculated 1.1oz, but that if his calculations were more precise he should use those. Therefore, Rabbi Bodner rules, based on his own calculations, that a [[Kezayit]] is 27.2cc.]
**(4) Rav Mordechai Willig ([http://www.yutorah.org/lectures/lecture.cfm/760487/Rabbi_Mordechai_I_Willig/How_Much_Matza_Do_You_Need_to_Eat Pesach To-Go, Nisan 5771], p. 60) is of the opinion that the size in volume of a kezayis is 22.5 cubic centimeters.
</ref>
##The minhag of the world and many other authorities is to follow Rav Chaim Noeh’s opinion. <ref>Vezot HaBracha (pg 6, Birur 1, pg 221) quotes Rav Elyashiv and Rav Shlomo Zalman saying that for [[Bracha Achrona]] the widely accepted measurement of the [[Kezayit]] is according to Rav Chaim Noeh. Vezot HaBracha also mentions that such is the minhag of the world. </ref>
#If one ate between a third and a half a [[KeBaytzah]] one should not make a Bracha achrona because of safek [[Brachot]]. Therefore, one should have less than a third and not make a Bracha achrona or more than a half and make a Bracha achrona. <ref>Mishna Brurah 486:1 </ref>
#On Mitzvot Deoritta such as eating [[Matzah]] one must be strict to hold a [[Kezayit]] is a half a [[KeBaytzah]]. However, regarding מצות Derabbanan it’s preferable to hold that a [[Kezayit]] is a half a kebaytzah, however, one may rely on the opinion that a [[Kezayit]] is a third a kebaytzah. <ref>Mishna Brurah 486:1 </ref>
#One needs to make sure that he does not count air in the food as part of the shiur of kezayis. If one has a food that is hollow, a kezayis of that food is considered when the food would be pressed.<ref>Rama 486:1 </ref>

===Kedi Achilat Pras===

#See [[Kedi Achilat Pras]] (the time in which a [[Kezayit]] is considered eaten together)

===KeBaytzah===

#According to Rav Chaim Noeh, the KeBaytzah is 55cc, and according to the Chazon Ish, it is 100cc. <ref>Vezot HaBracha pg 6 </ref>

===Revi'it===

#A Reviyit is a [[KeBaytzah]] and a half.<ref>Mishna Brurah 486:1 </ref> Therefore, Rav Chaim Noeh holds that the [[Reviyit]] is 86 grams (3 oz),<ref>Shiurei Tzion (p. 69)</ref> the Chazon Ish holds that the [[Reviyit]] is 150 grams (5.3 oz).<ref>Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) according to the rulings of the Chazon Ish </ref>, and some quote Rav Moshe as saying the Revi'it is 3.3 oz. <ref>Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Reviyit]] is 3.3 oz.</ref>
#With regards to drinking [[the four cups of wine]], see the [[Required Amount of Matzah and Wine for the Seder]] page.

===Kedei Shtiyat Reviyit===

#See Kedei Shtiyat Revi'it (the time in which a Revi'it is considered drunk together).

==Length==
===Amah, Tefach, Etzbah===
{| class="wikitable sortable"
!
!Amah
!Tefach
!Etzbah
|-
|Rav Moshe Feinstein<ref>Sh”t Igrot Moshe O”C 1:136. writes that the [[Amah]] is 21.25 inches and one can be strict to hold that it is 23 inches. Similarly, the Aruch Hashulchan YD 286:21 writes that 4 amot is one Russian ''sazhen'' which is the equivalent of 7 feet (see [https://en.wikipedia.org/wiki/Obsolete_Russian_units_of_measurement Wikipedia's page on Russian measurements]) meaning that the amah is 21 inches. [https://asif.co.il/download/kitvey-et/kol/kol-30/1-29.pdf Dr. Gideon Freedman in Kol Bramah v. 4 p. 229] proves that the Aruch Hashulchan YD 201:3 and Mishna Brurah 358:7 both hold that the amah is 21 inches. The Aruch Hashulchan says that an amah is three quarters of a arshin and an arshin is 71.12 cm. The Mishna Brurah ties 53 russian arshins to 70.83 amot. See there for the calculations.</ref>
|21.25 in. (53.98 cm)
|3.54 in. (9.00 cm)
|0.89 in. (2.25 cm)
|-
|Rav Chaim Noeh<ref>Shiurei Torah (by Rav Chaim Noeh, Siman 3 Seif 25 pg 249) </ref>
|18.90 in. (48 cm)
|3.15 in. (8 cm)
|0.79 in. (2 cm)
|-
|Chazon Ish<ref>Shiurin shel Torah (pg 3) by the Steipler quoting the Chazon Ish but admitting that these are approximate measures because of the need to publicize the measures but not an accurate calculation. </ref>
|24 in. (60.96 cm)
|4 in. (10.16 cm)
|1 in. (2.54 cm)
|}

===Mil===

#When [[Mil]] is given in terms of time, some consider it 18 minutes, some 22.5 minutes, and some 24 minutes. <ref>Shulchan Aruch 459:2 writes that the [[mil]] is 18 minutes. Rama 261:1 agrees. Beiur Halacha 459:2 s.v. Haviy quotes some who consider it 22.5 minutes and others who say that it is 24 minutes.</ref>
#When [[Mil]] is given in terms of distance it is equal to 2000 [[Amot]]. <ref>Rashi Yoma 67a s.v. shivah and Tosfot Shabbat 34b s.v. safek write that a mil is 2000 amot. Shulchan Aruch 261:2 writes that 3/4 of a [[mil]] is equal to 1500 [[amot]], implying a [[mil]] is 2000 [[amot]]. [http://www.yeshiva.org.il/midrash/shiur.asp?id=15883#3b Rabbi Melamed on yeshiva.org.il] writes that a [[mil]] is 2000 [[amot]].</ref>

==Money==
===Prutah===

#A [[prutah]] is 1/40 of a gram of silver (which is about a few cents). However, the [[prutah]] with regards to the mitzvah of returning a lost object is discussed [[Returning_Lost_Objects#Worth_a_Prutah| here]]. <ref>S”A CM 88:1 says a [[prutah]] is a half of a pearl of barley. Shiurei Torah (Rav Chaim Noeh pg 177) and Shiurei HaMitzvot (Chazon Ish pg 65) say a [[prutah]] is 1/40 of a gram of silver (which currently is about 2.3 cents). Halachos of [[Chanukah]] (Rabbi Shimon Eider, pg 38) quotes Rav Moshe Feinstein saying that a [[prutah]] is 2 or 3 cents and not just one penny. See Halachos of Other People’s Money (Rabbi Bodner pg 150) who quotes Rav Moshe regarding a [[prutah]] for the mitzvah of returning a lost object. </ref>

===Asara Zehuvim===

#If someone steals someone else's mitzvah they should pay them the 10 zehuvim, which is equal to 1200 grams of silver (roughly $650 but varies).<ref>Rav Chaim Noeh (Shiurei Torah p. 379 ch. 3 n. 45) writes that the 10 zehuvim are equal to 250 silver dinar which are 1200 grams of silver.</ref>

==Time==
===Shaot Zmaniot===

#[[Shaot Zmaniot]] are halachic hours which are calculated by dividing the daytime hours into 12. There’s a dispute of how to measure the day; some count the day from Olot HaShachar until [[Tzet HaKochavim]] (Magen Avraham) <ref>Many authorities holds that the halachic hours in the day are considered from Olot including: Sh”t Trumat HaDeshen 1, Levush 267, Minchat Cohen (Mevoh Shemesh 2:6) in name of Tosfot Ramban and Rashba, Bach (431), Taz 433, Pri [[Chadash]] 443, Magen Avraham 58:1, 433:3, Eliyah Raba 58:2, Mizbe’ach Adama 4a, Mikraeh Kodesh 158b, Mateh Yehuda 433, Sh”t Chaim Shal 2:38(70), Tov Ayin 18:38, Sh”t Teshuva MaAhava 1:25, Shalmei Tzibbur 93c, Chesed Alafim 58:5, Chaye Adam 21:3,27:1, Kitzur Shulchan Aruch 17:1, Magen Giborim (Shiltei Hagiborim 58:3), and Rav Poalim O”C 2:2. </ref>, and some count it from [[HaNetz]] until [[Shekiah]] (Gra).<ref>Many authorities hold that the halachic hours of the day are considered to begin from [[HaNetz]] incluing: Rambam’s Sh”t Pear Hadar 44 (as understood by Halacha Brurah (Shaar Tzion 58:17), Rav Chaim Drok (Noam 9 pg 235), and Orot Chaim 320 against the Yetsiat Mitzmayim (Sefaka Deyoa pg 115)), Siddur Rav Sadyah Goan pg 12, Minchat Cohen Mevoh Hashemesh 2:6 in name of Goanim, Rambam, Rabbenu Yonah, Hagahot Maimon, and Mordechai (Pri [[Chadash]] rejects his proofs), Shiltei Hagiborim on the Mordechai ([[Brachot]] 4:3) (as understood by Magen Avraham 233:3, Shaar Tzion 233:10, and Kaf HaChaim 233:7), Levush (233:1,267), Shaarei Knesset Hagedolah 58:8, Tosfot [[Yom Tov]] (Pesachim 2:3), and Biur HaGra 459:2.</ref>
##According to Sephardim, regarding Deoritta laws (including [[Kriyat Shema]]) one should be strict for the opinion of the Magen Avraham. <ref>In conclusion, Minchat Cohen (Mevoh Hashemesh 2:9), Erech HaShulchan 433, Halichot Olam (vol 1, Vaera 3), and Yalkut Yosef (vol 1, pg 98) write that one should be strict for the opinion of the Magen Avraham for Deoritta issues, for example [[Kriyat Shema]]. </ref>
##Among Ashkenazim, some are strict to hold like the Magen Avraham, unless there is an serious need, in which case one may hold like the Gra. <ref>Rabbi Yechiel Michel Tukachinsky in Sefer Eretz Yisrael (pg 18#3) writes that the minhag of [[Israel]] is to follow the magen avraham and only under pressure may one rely on the Gra.</ref> However, some are lenient to rely on the Gra. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 77-79) says that many follow the opinion of the Gra in calculating the time for Sof [[Kriyat Shema]]. </ref>

===Olot HaShachar===

#Many rishonim hold that [[Olot HaShachar]] is 72 minutes before sunrise on a "perfect day" (when sunrise and sunset are exactly 12 hours apart) in Jerusalem which is equivalent to when the sun is 16 degrees below the horizon for everywhere in the world, however, others hold that [[Olot HaShachar]] is 90 minutes on a perfect day which is 19.78 degrees below the horizon. <ref>*The Rosh (Brachot 4:1) writes that Olot for the korban tamid and Shacharit is after the rays of the sun begin to show and also the Eastern part of the sky began to become light. This is also the opinion of the Rabbenu Yerucham cited by Bet Yosef 89:1. Shulchan Aruch 89:1 codifies their opinion. Magen Avraham 89:3 argues that many rishonim hold that Olot is once the rays of the sun begin to show even though the Eastern part of the sky isn't light. Torat Yoma 28a siman 11 writes that the Rambam Pirush Mishnayot Yoma 3:1 and Ritva Yoma 28a hold like the Rosh and Rabbenu Yerucham, while Rashi sides with the Magen Avraham. Practically, the Mishna Brurah (Biur Halacha 89:1 s.v. v'im) writes that one shouldn't be lenient for the Magen Avraham as the Eliya Rabba, Mateh Yehuda, and Gra argue with the Magen Avraham. Therefore, Olot is once the rays of the sun began to show and also the Eastern part of the sky became light.
*Sefer Zmanim KeHilchatam (Rabbi Berstein, pg 347) writes that 72 minutes on a perfect day in Jerusalem is equal to when the sun is 16 degrees below the horizon and 90 minutes is equal to 19.78 degrees below the horizon. He personally rules that one should be strict for both of these opinions for Deoritta halachas and those derabbanan halachas where safek is lechumra. He tries to prove that this is the opinion of the Mishna Brurah (92:3, Beiur Halacha 163:1 s.v. Berachok). However, he totally rejects the opinion that [[Olot HaShachar]] is 120 minutes before sunrise. [It is noteworthy that astronomical dawn is the time when the Sun is at 18 degrees below the horizon and before then the sky is absolutely dark ([timeanddate.com https://www.timeanddate.com/astronomy/different-types-twilight.html]).]
*He also quotes Rabbi Tukachinsky who held like the opinion of 90 minutes.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 65-7) says that we assume that [[Olot HaShachar]] depends on degrees below horizon and the specific times vary according to one’s location. Similarly, [http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 19-21) mentioned in passing that [[Olot HaShachar]] is assumed to be 72 minutes before sunrise, varying according to the longitude and latitude.</ref>
# According to Sepharadim, Alot HaShachar is 72 minutes before sunrise.<ref> Yalkut Yosef, Kitzur Shulchan Aruch, Siman 58, Seif 3. </ref> These minutes are proportional to the length of the day,<ref> Yalkut Yosef, Pesuke DeZimra and Keriat Shema, pages 432-433 based on Rambam, Perush Mishnayot, Masechet Berachot, Perek 1.</ref> and do not depend on current location.<ref>Zmanim KHalacha, page 43, quoting Hacham Ovadia zt"l.</ref>

===MeSheyakir===

#There is a wide range of opinions precisely when Misheyakir occurs in Jerusalem on a perfect day, when there is exactly 12 daylight hours and every seasonal hour consists of 60 minutes. The three opinions include: 35 minutes before sunrise,<ref>Rav Moshe Feinstein in Le-Torah ve-Hora'ah Vol. 3:7 and in Iggeros Moshe OC 4:6 holds of 35 minutes. Rav Yaakov Kamenetsky in Emes liyaakov OC 58:1 rules that it is 36 minutes before sunrise. Zmanei Halacha LeMaaseh (pg 19) holds of 40 minutes before sunrise. </ref> 60 minutes before sunrise,<ref>Rav Tukaczinsky in Sefer Eretz Yisrael 1:4 (pg 18), Kaf HaChaim 18:18, Sh"t Binyan Tzion 2:16 hold of 60 minutes before sunrise. Nivreshet (vol 1, pg 43) holds of 52 minutes.</ref> and 66 minutes before sunrise.<ref>Rav Ovadya Yoseh in Yechave Daat 2:8</ref>
#The various opinions would then have to be extrapolated according to the region of the world and time of year.<ref>*There are two factors at work here: First, the processes of daybreak and nightfall occur faster at places near the equator than places further away from the equator. Second, the speed of these processes are also affected by the seasons.
*A common solution would be to use seasonal minutes. In order to calculate a seasonal hour, one would need to add up all the daytime minutes and then divide by 12 to get the number of minutes that are in each seasonal hour. For instance, if there were 11 hours of daylight, each seasonal hour would consist of 55 minutes. To further complicate matters, there are two ways of counting the daytime minutes: The Magen Avraham counts from dawn until nightfall with the emergence of 3 stars, whereas the Gra counts from sunrise to sunset.
*Another means for calculation, which has only recently been implemented, is to compare the level of brightness by using the relative position of the sun. For instance, it has been determined that 60 minutes before sunrise on a perfect day in Jerusalem the sun is 12.9 degrees below the horizon. Therefore, if one wanted to find the equivalent time anywhere in the world during any season, he would simply determine at what time the sun will be 12.9 degrees below the horizon in that locale on that day and that would be the extrapolated Meshiyakir.</ref> Thus, according to the commonly accepted opinion that Meshiyakir is between 50 and 60 minutes before sunrise in Jerusalem - In New York, depending on the time of the year, it could be anywhere from 56-73 minutes before sunrise.<ref>MyZmanim.com. These figures are determined using MyZmanim’s earliest published position of 11.5 degrees below the horizon. Unfortunately, MyZmanim.com only offers calculations based upon 10.2 degrees, 11 degrees, and 11.5 degrees but not 12.9 degrees. It is unfortunate because 12.9 degrees correlates to Rav Tukaczinsky’s 60 minutes before sunrise which, although is a very lenient position is also well collaborated and accepted.

*[http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 21-23) mentions in passing that [[MeSheYakir]] is about 40 or 50 minutes before sunrise.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 68-70) says that Rav Moshe held [[MeSheYakir]] is between 35-40 minutes before sunrise and seems to agree with him, although he mentions that some say it’s 55 minutes before sunrise.</ref>

===HaNetz HaChama (Sunrise)===

#[[HaNetz HaChama]] is sunrise which is halachically the same as the astronomical calculation of sunrise.<ref>*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunrise is the same as the sunrise calculated by the naval observatory which is when the sun begins to rise. Halacha Brurah 58:7 proves that netz is astronomical sunrise when the upper edge of the sun is on the horizon as opposed to the opinion of the Divrei Dovid 36 and Ben Ish Chai Vayishlach no. 4 that it is 2.6 minutes earlier.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 72-77) says that sunset should be determined as though the mountains to the east and west are at sea level and do not block the visibility of the sun. However, the elevation of the place one is currently located is taken into consideration and if one is in a valley the sunset is a little later (less than 5 minutes) than what would have been visible. Yet, he adds, that most opinions hold that regarding sunrise both one’s location’s elevation and surrounding mountains are taken into consideration.</ref> This is the standard time printed for netz such as on myzmanim.com.

===Chatzot===

#[[Chatzot]] is midday and midnight, always separated by 12 hours.<ref>Mishna Brurah 1:9 writes that [[chatzot]] at night is always 12 hours after [[chatzot]] of day for any place in the world.</ref>

===Mincha Gedola===

#Mincha Gedola is six and a half halachic hours (Shaot Zmaniot) after sunrise.<ref>Rashi (Pesachim 107a s.v. mincha gedola), Rambam (Tefillah 3:2)</ref>

===Mincha Ketana===

#Mincha Ketana is nine and a half halachic hours (Shaot Zmaniot) after sunrise.<ref>Rashi (Pesachim 107b s.v. oh), Rambam (Tefillah 3:2)</ref>

===Shekiyah (Sunset)===

#[[Shekiyah]] is sunset which, in general, is halachically the same as the astronomical calculation of sunset. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunset is the same as the sunset calculated by the naval observatory which is when the sun has completely set. </ref>

===Tzet HaKochavim (Emergence of the stars)===

#There's a major dispute when Tzet HaKochavim is: Rabbenu Tam assumes that it's about 72 minutes after [[Shekiyah]] and the Gra assumes that it's three quarters of a [[mil]] after [[Shekiyah]], varying according to one's location. <ref>Rabbi Hershel Schachter on [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha# yutorah.org (min 43-5)] explains that many practice like the Gra regarding Tzet HaKochavim on [[Motzei Shabbat]]. See Biur HaGra and Mishna Brurah 261. Pri Megadim assumes that according to Rabbenu Tam, 72 minutes is a fixed time, but Mishna Brurah writes that it varies according to one's location.</ref>

===Bein HaShemashot===

#[[Bein HaShemashot]] is the time period between certain daytime and certain nighttime. In many halachot, it is considered a ''safek,'' or doubt, whether it is considered day or night and has many practical ramifications. There is a major dispute regarding the length of this period. <ref>*'''(1) Gemara [[Shabbat]]''' 34b says [[Bein HaShemashot]] is considered as a doubt whether it is considered daytime or nighttime. When is [[Bein HaShemashot]]? Rabbi Yehuda says that [[Bein HaShemashot]] starts from [[Shekiyah]] and concludes when the entire ball of the sun has set. Rabbi Yose, however, says that [[Bein HaShemashot]] is as short as the blink of an eye, though R. Yose also agrees that there is a doubt (Tosfot 34b s.v. Rabbi Yose). R. Nechemya says that it is from [[Shekiyah]] and lasts the length of time it takes to walk a half [[mil]]. [Note, a mil is 2000 amot (see above).]
*'''Explanation of Rabbi Yehuda's opinion:''' Rabba explains Rabbi Yehuda as saying that [[Bein HaShemashot]] starts from [[Shekiyah]] even though the sky is still red, while Rav Yosef says [[Bein HaShemashot]] starts from when the sun already set. It follows, says the Gemara, that according to Rabba the span of [[Bein HaShemashot]] is 3/4 of a [[mil]] and according to Rav Yosef [[Bein HaShemashot]] is 2/3 of a [[mil]].
*'''Who do we follow, Rabba or Rav Yosef, in explaining Rabbi Yehuda?''' The Rif (15a) writes that since it is unclear whether halacha follows Rav Yosef or Rabba, one should be strict to follow Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Then he says that it seems halacha should follow Rabba because halacha always follows Rabba with three exceptions and this isn't one of them. Similarly, Rambam ([[Shabbat]] 5:4) rules like Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Rabbenu Yonah (quoted by Rosh [[Shabbat]] 2:23) argues that since they're not arguing about which logic is correct but about what Rav Yehuda said the halacha follows both Rabba and Rav Yosef, whichever way will be a stringency. Therefore, in context of [[accepting Shabbat]], Rama 261:1 rules like Rabba that [[Bein HaShemashot]] is 3/4 of a [[mil]].
*'''Explanation of Rabbi Yose's opinion:''' Shmuel ([[Shabbat]] 35a) says that Rav Yose’s concept of [[Bein HaShemashot]] takes place after the [[Bein HaShemashot]] already finished. Tosfot ([[Shabbat]] 34b s.v. Rabbi Yose) explains that even according to Rabbi Yose there’s a window of time when there is an uncertainty whether it is day or night but it isn’t as long as it is for Rabbi Yehuda. Rosh (Shabbat 2:23) discusses whether Rabbi Yose's [[Bein HaShemashot]] begins immediately after Rabbi Yehuda's or a while afterwards and doesn't come to a clear conclusion. Rashi to 35a s.v. Bein HaShemashot DeRabbi Yose seems to hold that it is right after R. Yehuda's period.
*'''Who does the halacha follow? Rabbi Yehuda or Rabbi Yose''' The Briatta ([[Shabbat]] 34b) says that in regards to practical ramifications [[Bein HaShemashot]] is always considered day as a stringency and night as a stringency. Rif ([[Shabbat]] 14b) and Rambam ([[Shabbat]] 5:4) codify this Briatta. Shulchan Aruch 261:1 rules that during [[Bein HaShemashot]] one may not do anything one may not do on [[Shabbat]] with some exceptions (see there). Therefore, Rabbi Yochanan ([[Shabbat]] 35a) says that we follow Rabbi Yehuda regarding [[Shabbat]] as a stringency and Rabbi Yose regarding Trumah as a stringency. Rif (15a) and Rosh 2:23 codify Rabbi Yochanan as halacha.
*'''(2) Gemara Pesachim''' 94a records Rabbi Yochanan's statement that an average person can walk 30 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and 5 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]] (according to Rashi s.v. Ovav). The Gemara challenges this and explains really an average person can walk 32 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and only 4 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]].
*'''The opinion of Rabbenu Tam:''' Tosfot (Pesachim 94a s.v. Rabbi Yehuda and [[Shabbat]] 35a s.v. Trei) is bothered how the Gemara [[Shabbat]] seems to say that from [[Shekiyah]] until [[Tzet HaKochavim]] a person can walk 3/4 of a [[mil]] (according to the Rabba) and the Gemara Pesachim says a person can walk 4 [[mil]]. Rabbenu Tam answers that the Gemara [[Shabbat]] was referring to the end of the [[Shekiyah]] and from then until [[Tzet HaKochavim]] is 3/4 of a [[mil]], while the Gemara Pesachim is discussing the beginning of [[Shekiyah]] which takes 4 [[mil]] until [[Tzet HaKochavim]]. Ramban (cited by [[Maggid]] Mishna), [[Maggid]] Mishna ([[Shabbat]] 5:4), and Ran ([[Shabbat]] 15a) agree. The Ran ([[Shabbat]] 15a) explains that according to Rabbenu Tam there's two Shekiyot. After the first it is still considered daytime until 3.25 [[mil]] after the beginning of the [[Shekiyah]]. [[Bein HaShemashot]], which is uncertain day or night, spans 3/4 of a [[mil]] and begins from the beginning of the second [[Shekiyah]]. See Beiur Halacha 261 s.v. Metechila who explains that the first [[Shekiyah]] is when the sun sets from our vision, and the second [[Shekiyah]] is when the light from the sun leaves the sky.
*'''Does halacha follow Rabbenu Tam?''' The Shulchan Aruch 261:2 rules in accordance with Rabbenu Tam and states that from the beginning of the [[Shekiyah]] until [[Bein HaShemashot]] there's 3.25 [[mil]] and then [[Bein HaShemashot]] itself is .75 of a [[mil]], which is equivalent to the time it takes to walk 1500 [[amot]]. Beiur Halacha 261 s.v. Metechila writes that for sure one should be strict for the Gra not to do any melacha after sunset.
*'''(3) Shmuel's opinion:''' Then, Shmuel ([[Shabbat]] 35b) says that [[Bein HaShemashot]] is as long as two stars are seen in the sky, but if there’s only one star, it’s day, and if it’s three, then it’s night. The Gemara then clarifies that the stars which were discussed are medium size stars. Similarly, the Yerushalmi ([[Brachot]], cited by Ran 15a) says that [[Shabbat]] concludes when three stars can be seen in one area and not spread out. The Rambam ([[Shabbat]] 5:4) rules like Shmuel that when three medium size stars are seen it is certain nighttime. The Kesef Mishna ([[Shabbat]] 5:4) is bothered why the Rambam said that [[Bein HaShemashot]] begins from [[Shekiyah]] and ends when three stars are seen, choosing the opinion of Rabba for the beginning of [[Bein HaShemashot]] and Shmuel for the end of [[Bein HaShemashot]]. He answers that really Rabba and Shmuel agree and just describe it differently. This may also be the intent of the Rif (15a) and Rosh 2:23 who say that halacha follows Rabba as a stringency and also quote Shmuel without anyone arguing. See Or Letzion Vol. 1 YD 1:10 who offers a novel interpretation of the opinion of the Rambam that he holds like Rabbi Yose (see there for the halachic implications). See also Beur Halacha 416 who paskens like Rabbi Yose MeIkar HaDin, as well, and Chazon Ovadia Shabbat Vol. 1 pp. 264.</ref>
#The Gemara rules that if one does a Melacha on [[Shabbos]] for the duration of Bein Hashemashos on Friday evening and Saturday evening, one has certainly violated [[Shabbos]], and must bring a sin-offering. <ref>[[Shabbos]] 35b, Rambam (Hilchot [[Shabbos]] 5:4). This is because if one treats [[Bein Hashemashot]] as day, one broke [[Shabbos]] on Saturday evening. If one treats [[Bein Hashemashot]] as night, one violated [[Shabbos]] on Friday evening. </ref>
#Therefore, one cannot perform Melacha during [[Bein Hashemashot]]. <ref>Mishnah [[Shabbos]] 34b </ref>

==Miscellaneous==
===Toch Kedei Dibbur===

#[[Kedei Dibbur]] is the time it takes to say Shalom Alecha Rebbe. <ref>Kitzur Shulchan Aruch (Klalim s.v. Kedei)</ref>
#[[Toch Kedei Dibbur]] is less than the time it takes to say Shalom Alecha Rebbe.<ref>Kitzur Shulchan Aruch (Klalim s.v. Kedei)</ref>

===Kdei Aniva===

#There are several opinions about how long Kdei Aniva is, however, one doesn't need to be strict to consider it to be longer than 2 gudalin. <ref>How long is kdei aniva? There’s several opinions about this topic:

*Smag- long enough to loop around all the rest of the 7 strings.
*Chayei Adam, Kitzur Shulchan Aruch 9:13- 4 gudalin, Beiur Halacha: 2 gudalin, Eliya Rabba (paskening like Rif and Rosh)- long enough to loop around just 1 string (very short).
*The Beiur Halacha concludes that there’s no need to be strict for more than 2 gudalin. And he says if you have no choice, you can rely on the Eliya Rabba. see [http://ph.yhb.org.il/07-08-11/ Peninei Halacha]</ref>
#How long is the shiur of 2 godlin in practical terms? Chazon Ish : 5 cm, Rav Chaim Naeh: 4 cm. Rav Mordechai Eliyahu (comments to Kitzur 9:13) writes that Kedi Anivah is 4 cm.

===Yad Soledet Bo===

#For purposes of cooking on Shabbat and Kashrut, Yad Soledet Bo is certainly hotter than 113 degrees Fahrenheit. <ref>Shemirat Shabbat Kehilchata (ch. 1, note 3), Badei Hashulchan 92:151</ref> Others are concerned for anything over 110 degrees Fahrenheit and over 160 degrees is certainly yad soledet bo. <ref>Igrot Moshe (OC 4:74 Bishul no. 3), The Laws of Kashrut p. 111). [https://www.yutorah.org/sidebar/lecture.cfm/788227/rabbi-hershel-schachter/kashrus-in-the-home/ Rav Hershel Schachter ("Kashrus in the Home" 2012, about min 30)] quotes Rav Soloveitchik that yad soledet bo is at least 140 degrees and no more than 160 degrees.</ref>

==Links==

*[http://www.yutorah.org/lectures/lecture.cfm/763395/Rabbi_Michael_Taubes/_Parshas_Eikev_How_Big_is_a_Kezayis_ How Big is a Kezayis] by Rabbi Michael Taubes

==Sources==
<references />
[[Category:Brachot]]

Reference of Measurements in Halacha

2019-08-02T01:29:25Z

Ezralevy: /* Olot HaShachar */

[[Image:Measuring Tools.png|200px|right]]
There are many different [[measurements]] used in the Torah and classical Rabbinic Seforim, which are important for daily living. An example is the specific amount of wine that [[Kiddush]] is made on: One [[Revi'it]]. If one doesn't know how much a [[Revi'it]] is, how can one fulfill the Mitzvah properly?
The modern day equivalents for many Hebrew [[measurements]] are discussed below.
In addition, discussed below are many Halachic times which also matter for everyday use.
==Food or Drink==
===Kezayit===

#According to Ashkenazim, all sizes are measured in volume and not weight.<ref>Mishna Brurah 456:3, Vezot HaBracha (pg 6) </ref> However, according to Sephardim the actual halacha is that measures are in volume but the minhag is to follow the measures in weight. <ref>See Yalkut Yosef (Klalei [[Brachot]] pg 195-202) who discusses this at length. However, see Or Letzion (Vol. 3, Introduction) who argues that the custom to use weight is only for foods which have similar density to water, but for other foods (like Matza) one would use volume. Halacha Brurah 210:2 rules that the kezayit is measured by volume and not weight. See Otzrot Yosef 8:9. </ref>
#There’s a dispute in the Rishonim whether the [[Kezayit]] (olive size) is a half or third of a [[KeBaytzah]] (egg size), and regarding [[Bracha Achrona]] and Deoritta Mitzvot, the halacha follows the opinion that a [[Kezayit]] is half a KeBeytzah. <ref>*Mishna Brurah 486:1 writes that the Tosfot holds a [[Kezayit]] is half of a KeBeitzah with the shell and the Rambam holds it is a third of a KeBeitzah (see Tosfot (Yoma 80b s.v. Agav), Rambam (Eiruvin 1:9)). S”A 486 rules like Tosfot. Rav Avraham Chaim Noeh (Shiurei Torah 3:12) argues that Tosfot holds half a KeBeitzah without the shell.
*What's the halacha? Mishna Brurah 486:1 rules that for Deoritta Mitzvot and [[Bracha Achrona]], one should eat the size of half a KeBeitzah, but for Derabbanan Mitzvot, one third suffices. He adds that since one has to make a Bracha on [[maror]], one should eat half a KeBeitzah.
*Chazon Ish 39:17 decided that we could be lenient like the Rambam. see below for an exact amount according to Chazon Ish</ref>
#According to Rav Chaim Noeh, the [[Kezayit]] for Deoritta measures (eating [[Matzah]]) and [[Bracha Achrona]] is 27cc. The Chazon Ish’s opinion is that the [[Kezayit]] is 33.3 grams (1.3 oz). <ref>*The Tzlach (Pesachim 116b) holds that the modern day eggs are half the size of those in the days of Chazal. However, Rav Noeh (Shiurei Torah Shaar 3) argues that the modern day eggs have not changed from the days of Chazal. Mishna Brurah 486:1 writes that for the mitzvah deoraitta of [[matza]], one should follow the stringent view of the Tzlach. see Rav Shlomo Wahrman (Orot Haesach 28) who explains why there is no need to say that the eggs have shrunk since the times of the Gemara. see also Maaseh Rav 74, where it says that the Gra accepted the position of the Tzlach.
*Practically, how much is a [[Kezayit]]?
**(1) Rav Chaim Noeh in Shiurei Torah (3:11, pg 191, 5707) writes that for Deoritta Mitzvot one should eat 28.8cc, however, in Shiurei Tzion (p. 70, 5709) he writes that it is 27cc. Vezot HaBracha (Birur Halacha 1) explains that Rav Chaim Noeh retracted from his original ruling.
**(2) Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) quotes the Chazon Ish that a [[Kezayit]] is 2/3 of a modern egg and an egg can possibly be up to 55cc. Therefore, Vezot HaBracha (Birur Halacha 1) writes that the Chazon Ish holds that 33.3cc is a [[Kezayit]]. The Chazon Ish's opinion of [[Kezayit]] is partially based on the opinion of the Tzlach. see also Chazon Ish in Hilchot [[Shabbat]] 39.
**(3) Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Kezayit]] is 31.2cc. [However, Rabbi Bodner in Halachos of K’zayis (p. 24) writes that Rav Dovid Feinstein told him that Rav Moshe never measured the eggs himself and it was his student who calculated 1.1oz, but that if his calculations were more precise he should use those. Therefore, Rabbi Bodner rules, based on his own calculations, that a [[Kezayit]] is 27.2cc.]
**(4) Rav Mordechai Willig ([http://www.yutorah.org/lectures/lecture.cfm/760487/Rabbi_Mordechai_I_Willig/How_Much_Matza_Do_You_Need_to_Eat Pesach To-Go, Nisan 5771], p. 60) is of the opinion that the size in volume of a kezayis is 22.5 cubic centimeters.
</ref>
##The minhag of the world and many other authorities is to follow Rav Chaim Noeh’s opinion. <ref>Vezot HaBracha (pg 6, Birur 1, pg 221) quotes Rav Elyashiv and Rav Shlomo Zalman saying that for [[Bracha Achrona]] the widely accepted measurement of the [[Kezayit]] is according to Rav Chaim Noeh. Vezot HaBracha also mentions that such is the minhag of the world. </ref>
#If one ate between a third and a half a [[KeBaytzah]] one should not make a Bracha achrona because of safek [[Brachot]]. Therefore, one should have less than a third and not make a Bracha achrona or more than a half and make a Bracha achrona. <ref>Mishna Brurah 486:1 </ref>
#On Mitzvot Deoritta such as eating [[Matzah]] one must be strict to hold a [[Kezayit]] is a half a [[KeBaytzah]]. However, regarding מצות Derabbanan it’s preferable to hold that a [[Kezayit]] is a half a kebaytzah, however, one may rely on the opinion that a [[Kezayit]] is a third a kebaytzah. <ref>Mishna Brurah 486:1 </ref>
#One needs to make sure that he does not count air in the food as part of the shiur of kezayis. If one has a food that is hollow, a kezayis of that food is considered when the food would be pressed.<ref>Rama 486:1 </ref>

===Kedi Achilat Pras===

#See [[Kedi Achilat Pras]] (the time in which a [[Kezayit]] is considered eaten together)

===KeBaytzah===

#According to Rav Chaim Noeh, the KeBaytzah is 55cc, and according to the Chazon Ish, it is 100cc. <ref>Vezot HaBracha pg 6 </ref>

===Revi'it===

#A Reviyit is a [[KeBaytzah]] and a half.<ref>Mishna Brurah 486:1 </ref> Therefore, Rav Chaim Noeh holds that the [[Reviyit]] is 86 grams (3 oz),<ref>Shiurei Tzion (p. 69)</ref> the Chazon Ish holds that the [[Reviyit]] is 150 grams (5.3 oz).<ref>Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) according to the rulings of the Chazon Ish </ref>, and some quote Rav Moshe as saying the Revi'it is 3.3 oz. <ref>Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Reviyit]] is 3.3 oz.</ref>
#With regards to drinking [[the four cups of wine]], see the [[Required Amount of Matzah and Wine for the Seder]] page.

===Kedei Shtiyat Reviyit===

#See Kedei Shtiyat Revi'it (the time in which a Revi'it is considered drunk together).

==Length==
===Amah, Tefach, Etzbah===
{| class="wikitable sortable"
!
!Amah
!Tefach
!Etzbah
|-
|Rav Moshe Feinstein<ref>Sh”t Igrot Moshe O”C 1:136. writes that the [[Amah]] is 21.25 inches and one can be strict to hold that it is 23 inches. Similarly, the Aruch Hashulchan YD 286:21 writes that 4 amot is one Russian ''sazhen'' which is the equivalent of 7 feet (see [https://en.wikipedia.org/wiki/Obsolete_Russian_units_of_measurement Wikipedia's page on Russian measurements]) meaning that the amah is 21 inches. [https://asif.co.il/download/kitvey-et/kol/kol-30/1-29.pdf Dr. Gideon Freedman in Kol Bramah v. 4 p. 229] proves that the Aruch Hashulchan YD 201:3 and Mishna Brurah 358:7 both hold that the amah is 21 inches. The Aruch Hashulchan says that an amah is three quarters of a arshin and an arshin is 71.12 cm. The Mishna Brurah ties 53 russian arshins to 70.83 amot. See there for the calculations.</ref>
|21.25 in. (53.98 cm)
|3.54 in. (9.00 cm)
|0.89 in. (2.25 cm)
|-
|Rav Chaim Noeh<ref>Shiurei Torah (by Rav Chaim Noeh, Siman 3 Seif 25 pg 249) </ref>
|18.90 in. (48 cm)
|3.15 in. (8 cm)
|0.79 in. (2 cm)
|-
|Chazon Ish<ref>Shiurin shel Torah (pg 3) by the Steipler quoting the Chazon Ish but admitting that these are approximate measures because of the need to publicize the measures but not an accurate calculation. </ref>
|24 in. (60.96 cm)
|4 in. (10.16 cm)
|1 in. (2.54 cm)
|}

===Mil===

#When [[Mil]] is given in terms of time, some consider it 18 minutes, some 22.5 minutes, and some 24 minutes. <ref>Shulchan Aruch 459:2 writes that the [[mil]] is 18 minutes. Rama 261:1 agrees. Beiur Halacha 459:2 s.v. Haviy quotes some who consider it 22.5 minutes and others who say that it is 24 minutes.</ref>
#When [[Mil]] is given in terms of distance it is equal to 2000 [[Amot]]. <ref>Rashi Yoma 67a s.v. shivah and Tosfot Shabbat 34b s.v. safek write that a mil is 2000 amot. Shulchan Aruch 261:2 writes that 3/4 of a [[mil]] is equal to 1500 [[amot]], implying a [[mil]] is 2000 [[amot]]. [http://www.yeshiva.org.il/midrash/shiur.asp?id=15883#3b Rabbi Melamed on yeshiva.org.il] writes that a [[mil]] is 2000 [[amot]].</ref>

==Money==
===Prutah===

#A [[prutah]] is 1/40 of a gram of silver (which is about a few cents). However, the [[prutah]] with regards to the mitzvah of returning a lost object is discussed [[Returning_Lost_Objects#Worth_a_Prutah| here]]. <ref>S”A CM 88:1 says a [[prutah]] is a half of a pearl of barley. Shiurei Torah (Rav Chaim Noeh pg 177) and Shiurei HaMitzvot (Chazon Ish pg 65) say a [[prutah]] is 1/40 of a gram of silver (which currently is about 2.3 cents). Halachos of [[Chanukah]] (Rabbi Shimon Eider, pg 38) quotes Rav Moshe Feinstein saying that a [[prutah]] is 2 or 3 cents and not just one penny. See Halachos of Other People’s Money (Rabbi Bodner pg 150) who quotes Rav Moshe regarding a [[prutah]] for the mitzvah of returning a lost object. </ref>

===Asara Zehuvim===

#If someone steals someone else's mitzvah they should pay them the 10 zehuvim, which is equal to 1200 grams of silver (roughly $650 but varies).<ref>Rav Chaim Noeh (Shiurei Torah p. 379 ch. 3 n. 45) writes that the 10 zehuvim are equal to 250 silver dinar which are 1200 grams of silver.</ref>

==Time==
===Shaot Zmaniot===

#[[Shaot Zmaniot]] are halachic hours which are calculated by dividing the daytime hours into 12. There’s a dispute of how to measure the day; some count the day from Olot HaShachar until [[Tzet HaKochavim]] (Magen Avraham) <ref>Many authorities holds that the halachic hours in the day are considered from Olot including: Sh”t Trumat HaDeshen 1, Levush 267, Minchat Cohen (Mevoh Shemesh 2:6) in name of Tosfot Ramban and Rashba, Bach (431), Taz 433, Pri [[Chadash]] 443, Magen Avraham 58:1, 433:3, Eliyah Raba 58:2, Mizbe’ach Adama 4a, Mikraeh Kodesh 158b, Mateh Yehuda 433, Sh”t Chaim Shal 2:38(70), Tov Ayin 18:38, Sh”t Teshuva MaAhava 1:25, Shalmei Tzibbur 93c, Chesed Alafim 58:5, Chaye Adam 21:3,27:1, Kitzur Shulchan Aruch 17:1, Magen Giborim (Shiltei Hagiborim 58:3), and Rav Poalim O”C 2:2. </ref>, and some count it from [[HaNetz]] until [[Shekiah]] (Gra).<ref>Many authorities hold that the halachic hours of the day are considered to begin from [[HaNetz]] incluing: Rambam’s Sh”t Pear Hadar 44 (as understood by Halacha Brurah (Shaar Tzion 58:17), Rav Chaim Drok (Noam 9 pg 235), and Orot Chaim 320 against the Yetsiat Mitzmayim (Sefaka Deyoa pg 115)), Siddur Rav Sadyah Goan pg 12, Minchat Cohen Mevoh Hashemesh 2:6 in name of Goanim, Rambam, Rabbenu Yonah, Hagahot Maimon, and Mordechai (Pri [[Chadash]] rejects his proofs), Shiltei Hagiborim on the Mordechai ([[Brachot]] 4:3) (as understood by Magen Avraham 233:3, Shaar Tzion 233:10, and Kaf HaChaim 233:7), Levush (233:1,267), Shaarei Knesset Hagedolah 58:8, Tosfot [[Yom Tov]] (Pesachim 2:3), and Biur HaGra 459:2.</ref>
##According to Sephardim, regarding Deoritta laws (including [[Kriyat Shema]]) one should be strict for the opinion of the Magen Avraham. <ref>In conclusion, Minchat Cohen (Mevoh Hashemesh 2:9), Erech HaShulchan 433, Halichot Olam (vol 1, Vaera 3), and Yalkut Yosef (vol 1, pg 98) write that one should be strict for the opinion of the Magen Avraham for Deoritta issues, for example [[Kriyat Shema]]. </ref>
##Among Ashkenazim, some are strict to hold like the Magen Avraham, unless there is an serious need, in which case one may hold like the Gra. <ref>Rabbi Yechiel Michel Tukachinsky in Sefer Eretz Yisrael (pg 18#3) writes that the minhag of [[Israel]] is to follow the magen avraham and only under pressure may one rely on the Gra.</ref> However, some are lenient to rely on the Gra. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 77-79) says that many follow the opinion of the Gra in calculating the time for Sof [[Kriyat Shema]]. </ref>

===Olot HaShachar===

#Many rishonim hold that [[Olot HaShachar]] is 72 minutes before sunrise on a "perfect day" (when sunrise and sunset are exactly 12 hours apart) in Jerusalem which is equivalent to when the sun is 16 degrees below the horizon for everywhere in the world, however, others hold that [[Olot HaShachar]] is 90 minutes on a perfect day which is 19.78 degrees below the horizon. <ref>*The Rosh (Brachot 4:1) writes that Olot for the korban tamid and Shacharit is after the rays of the sun begin to show and also the Eastern part of the sky began to become light. This is also the opinion of the Rabbenu Yerucham cited by Bet Yosef 89:1. Shulchan Aruch 89:1 codifies their opinion. Magen Avraham 89:3 argues that many rishonim hold that Olot is once the rays of the sun begin to show even though the Eastern part of the sky isn't light. Torat Yoma 28a siman 11 writes that the Rambam Pirush Mishnayot Yoma 3:1 and Ritva Yoma 28a hold like the Rosh and Rabbenu Yerucham, while Rashi sides with the Magen Avraham. Practically, the Mishna Brurah (Biur Halacha 89:1 s.v. v'im) writes that one shouldn't be lenient for the Magen Avraham as the Eliya Rabba, Mateh Yehuda, and Gra argue with the Magen Avraham. Therefore, Olot is once the rays of the sun began to show and also the Eastern part of the sky became light.
*Sefer Zmanim KeHilchatam (Rabbi Berstein, pg 347) writes that 72 minutes on a perfect day in Jerusalem is equal to when the sun is 16 degrees below the horizon and 90 minutes is equal to 19.78 degrees below the horizon. He personally rules that one should be strict for both of these opinions for Deoritta halachas and those derabbanan halachas where safek is lechumra. He tries to prove that this is the opinion of the Mishna Brurah (92:3, Beiur Halacha 163:1 s.v. Berachok). However, he totally rejects the opinion that [[Olot HaShachar]] is 120 minutes before sunrise. [It is noteworthy that astronomical dawn is the time when the Sun is at 18 degrees below the horizon and before then the sky is absolutely dark ([timeanddate.com https://www.timeanddate.com/astronomy/different-types-twilight.html]).]
*He also quotes Rabbi Tukachinsky who held like the opinion of 90 minutes.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 65-7) says that we assume that [[Olot HaShachar]] depends on degrees below horizon and the specific times vary according to one’s location. Similarly, [http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 19-21) mentioned in passing that [[Olot HaShachar]] is assumed to be 72 minutes before sunrise, varying according to the longitude and latitude.</ref>
# According to Sepharadim, Alot HaShachar is 72 minutes before sunrise.<ref> Yalkut Yosef, Kitzur Shulchan Aruch, Siman 58, Seif 3. </ref> These minutes are proportional to the length of the day,<ref> Yalkut Yosef, Pesuke DeZimra and Keriat Shema, pages 432-433 based on Rambam, Perush Mishnayot, Masechet Berachot, Perek 1.</ref> and do not depend on current location.<ref>Zmanim KHalacha, page 43.</ref>

===MeSheyakir===

#There is a wide range of opinions precisely when Misheyakir occurs in Jerusalem on a perfect day, when there is exactly 12 daylight hours and every seasonal hour consists of 60 minutes. The three opinions include: 35 minutes before sunrise,<ref>Rav Moshe Feinstein in Le-Torah ve-Hora'ah Vol. 3:7 and in Iggeros Moshe OC 4:6 holds of 35 minutes. Rav Yaakov Kamenetsky in Emes liyaakov OC 58:1 rules that it is 36 minutes before sunrise. Zmanei Halacha LeMaaseh (pg 19) holds of 40 minutes before sunrise. </ref> 60 minutes before sunrise,<ref>Rav Tukaczinsky in Sefer Eretz Yisrael 1:4 (pg 18), Kaf HaChaim 18:18, Sh"t Binyan Tzion 2:16 hold of 60 minutes before sunrise. Nivreshet (vol 1, pg 43) holds of 52 minutes.</ref> and 66 minutes before sunrise.<ref>Rav Ovadya Yoseh in Yechave Daat 2:8</ref>
#The various opinions would then have to be extrapolated according to the region of the world and time of year.<ref>*There are two factors at work here: First, the processes of daybreak and nightfall occur faster at places near the equator than places further away from the equator. Second, the speed of these processes are also affected by the seasons.
*A common solution would be to use seasonal minutes. In order to calculate a seasonal hour, one would need to add up all the daytime minutes and then divide by 12 to get the number of minutes that are in each seasonal hour. For instance, if there were 11 hours of daylight, each seasonal hour would consist of 55 minutes. To further complicate matters, there are two ways of counting the daytime minutes: The Magen Avraham counts from dawn until nightfall with the emergence of 3 stars, whereas the Gra counts from sunrise to sunset.
*Another means for calculation, which has only recently been implemented, is to compare the level of brightness by using the relative position of the sun. For instance, it has been determined that 60 minutes before sunrise on a perfect day in Jerusalem the sun is 12.9 degrees below the horizon. Therefore, if one wanted to find the equivalent time anywhere in the world during any season, he would simply determine at what time the sun will be 12.9 degrees below the horizon in that locale on that day and that would be the extrapolated Meshiyakir.</ref> Thus, according to the commonly accepted opinion that Meshiyakir is between 50 and 60 minutes before sunrise in Jerusalem - In New York, depending on the time of the year, it could be anywhere from 56-73 minutes before sunrise.<ref>MyZmanim.com. These figures are determined using MyZmanim’s earliest published position of 11.5 degrees below the horizon. Unfortunately, MyZmanim.com only offers calculations based upon 10.2 degrees, 11 degrees, and 11.5 degrees but not 12.9 degrees. It is unfortunate because 12.9 degrees correlates to Rav Tukaczinsky’s 60 minutes before sunrise which, although is a very lenient position is also well collaborated and accepted.

*[http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 21-23) mentions in passing that [[MeSheYakir]] is about 40 or 50 minutes before sunrise.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 68-70) says that Rav Moshe held [[MeSheYakir]] is between 35-40 minutes before sunrise and seems to agree with him, although he mentions that some say it’s 55 minutes before sunrise.</ref>

===HaNetz HaChama (Sunrise)===

#[[HaNetz HaChama]] is sunrise which is halachically the same as the astronomical calculation of sunrise.<ref>*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunrise is the same as the sunrise calculated by the naval observatory which is when the sun begins to rise. Halacha Brurah 58:7 proves that netz is astronomical sunrise when the upper edge of the sun is on the horizon as opposed to the opinion of the Divrei Dovid 36 and Ben Ish Chai Vayishlach no. 4 that it is 2.6 minutes earlier.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 72-77) says that sunset should be determined as though the mountains to the east and west are at sea level and do not block the visibility of the sun. However, the elevation of the place one is currently located is taken into consideration and if one is in a valley the sunset is a little later (less than 5 minutes) than what would have been visible. Yet, he adds, that most opinions hold that regarding sunrise both one’s location’s elevation and surrounding mountains are taken into consideration.</ref> This is the standard time printed for netz such as on myzmanim.com.

===Chatzot===

#[[Chatzot]] is midday and midnight, always separated by 12 hours.<ref>Mishna Brurah 1:9 writes that [[chatzot]] at night is always 12 hours after [[chatzot]] of day for any place in the world.</ref>

===Mincha Gedola===

#Mincha Gedola is six and a half halachic hours (Shaot Zmaniot) after sunrise.<ref>Rashi (Pesachim 107a s.v. mincha gedola), Rambam (Tefillah 3:2)</ref>

===Mincha Ketana===

#Mincha Ketana is nine and a half halachic hours (Shaot Zmaniot) after sunrise.<ref>Rashi (Pesachim 107b s.v. oh), Rambam (Tefillah 3:2)</ref>

===Shekiyah (Sunset)===

#[[Shekiyah]] is sunset which, in general, is halachically the same as the astronomical calculation of sunset. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunset is the same as the sunset calculated by the naval observatory which is when the sun has completely set. </ref>

===Tzet HaKochavim (Emergence of the stars)===

#There's a major dispute when Tzet HaKochavim is: Rabbenu Tam assumes that it's about 72 minutes after [[Shekiyah]] and the Gra assumes that it's three quarters of a [[mil]] after [[Shekiyah]], varying according to one's location. <ref>Rabbi Hershel Schachter on [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha# yutorah.org (min 43-5)] explains that many practice like the Gra regarding Tzet HaKochavim on [[Motzei Shabbat]]. See Biur HaGra and Mishna Brurah 261. Pri Megadim assumes that according to Rabbenu Tam, 72 minutes is a fixed time, but Mishna Brurah writes that it varies according to one's location.</ref>

===Bein HaShemashot===

#[[Bein HaShemashot]] is the time period between certain daytime and certain nighttime. In many halachot, it is considered a ''safek,'' or doubt, whether it is considered day or night and has many practical ramifications. There is a major dispute regarding the length of this period. <ref>*'''(1) Gemara [[Shabbat]]''' 34b says [[Bein HaShemashot]] is considered as a doubt whether it is considered daytime or nighttime. When is [[Bein HaShemashot]]? Rabbi Yehuda says that [[Bein HaShemashot]] starts from [[Shekiyah]] and concludes when the entire ball of the sun has set. Rabbi Yose, however, says that [[Bein HaShemashot]] is as short as the blink of an eye, though R. Yose also agrees that there is a doubt (Tosfot 34b s.v. Rabbi Yose). R. Nechemya says that it is from [[Shekiyah]] and lasts the length of time it takes to walk a half [[mil]]. [Note, a mil is 2000 amot (see above).]
*'''Explanation of Rabbi Yehuda's opinion:''' Rabba explains Rabbi Yehuda as saying that [[Bein HaShemashot]] starts from [[Shekiyah]] even though the sky is still red, while Rav Yosef says [[Bein HaShemashot]] starts from when the sun already set. It follows, says the Gemara, that according to Rabba the span of [[Bein HaShemashot]] is 3/4 of a [[mil]] and according to Rav Yosef [[Bein HaShemashot]] is 2/3 of a [[mil]].
*'''Who do we follow, Rabba or Rav Yosef, in explaining Rabbi Yehuda?''' The Rif (15a) writes that since it is unclear whether halacha follows Rav Yosef or Rabba, one should be strict to follow Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Then he says that it seems halacha should follow Rabba because halacha always follows Rabba with three exceptions and this isn't one of them. Similarly, Rambam ([[Shabbat]] 5:4) rules like Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Rabbenu Yonah (quoted by Rosh [[Shabbat]] 2:23) argues that since they're not arguing about which logic is correct but about what Rav Yehuda said the halacha follows both Rabba and Rav Yosef, whichever way will be a stringency. Therefore, in context of [[accepting Shabbat]], Rama 261:1 rules like Rabba that [[Bein HaShemashot]] is 3/4 of a [[mil]].
*'''Explanation of Rabbi Yose's opinion:''' Shmuel ([[Shabbat]] 35a) says that Rav Yose’s concept of [[Bein HaShemashot]] takes place after the [[Bein HaShemashot]] already finished. Tosfot ([[Shabbat]] 34b s.v. Rabbi Yose) explains that even according to Rabbi Yose there’s a window of time when there is an uncertainty whether it is day or night but it isn’t as long as it is for Rabbi Yehuda. Rosh (Shabbat 2:23) discusses whether Rabbi Yose's [[Bein HaShemashot]] begins immediately after Rabbi Yehuda's or a while afterwards and doesn't come to a clear conclusion. Rashi to 35a s.v. Bein HaShemashot DeRabbi Yose seems to hold that it is right after R. Yehuda's period.
*'''Who does the halacha follow? Rabbi Yehuda or Rabbi Yose''' The Briatta ([[Shabbat]] 34b) says that in regards to practical ramifications [[Bein HaShemashot]] is always considered day as a stringency and night as a stringency. Rif ([[Shabbat]] 14b) and Rambam ([[Shabbat]] 5:4) codify this Briatta. Shulchan Aruch 261:1 rules that during [[Bein HaShemashot]] one may not do anything one may not do on [[Shabbat]] with some exceptions (see there). Therefore, Rabbi Yochanan ([[Shabbat]] 35a) says that we follow Rabbi Yehuda regarding [[Shabbat]] as a stringency and Rabbi Yose regarding Trumah as a stringency. Rif (15a) and Rosh 2:23 codify Rabbi Yochanan as halacha.
*'''(2) Gemara Pesachim''' 94a records Rabbi Yochanan's statement that an average person can walk 30 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and 5 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]] (according to Rashi s.v. Ovav). The Gemara challenges this and explains really an average person can walk 32 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and only 4 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]].
*'''The opinion of Rabbenu Tam:''' Tosfot (Pesachim 94a s.v. Rabbi Yehuda and [[Shabbat]] 35a s.v. Trei) is bothered how the Gemara [[Shabbat]] seems to say that from [[Shekiyah]] until [[Tzet HaKochavim]] a person can walk 3/4 of a [[mil]] (according to the Rabba) and the Gemara Pesachim says a person can walk 4 [[mil]]. Rabbenu Tam answers that the Gemara [[Shabbat]] was referring to the end of the [[Shekiyah]] and from then until [[Tzet HaKochavim]] is 3/4 of a [[mil]], while the Gemara Pesachim is discussing the beginning of [[Shekiyah]] which takes 4 [[mil]] until [[Tzet HaKochavim]]. Ramban (cited by [[Maggid]] Mishna), [[Maggid]] Mishna ([[Shabbat]] 5:4), and Ran ([[Shabbat]] 15a) agree. The Ran ([[Shabbat]] 15a) explains that according to Rabbenu Tam there's two Shekiyot. After the first it is still considered daytime until 3.25 [[mil]] after the beginning of the [[Shekiyah]]. [[Bein HaShemashot]], which is uncertain day or night, spans 3/4 of a [[mil]] and begins from the beginning of the second [[Shekiyah]]. See Beiur Halacha 261 s.v. Metechila who explains that the first [[Shekiyah]] is when the sun sets from our vision, and the second [[Shekiyah]] is when the light from the sun leaves the sky.
*'''Does halacha follow Rabbenu Tam?''' The Shulchan Aruch 261:2 rules in accordance with Rabbenu Tam and states that from the beginning of the [[Shekiyah]] until [[Bein HaShemashot]] there's 3.25 [[mil]] and then [[Bein HaShemashot]] itself is .75 of a [[mil]], which is equivalent to the time it takes to walk 1500 [[amot]]. Beiur Halacha 261 s.v. Metechila writes that for sure one should be strict for the Gra not to do any melacha after sunset.
*'''(3) Shmuel's opinion:''' Then, Shmuel ([[Shabbat]] 35b) says that [[Bein HaShemashot]] is as long as two stars are seen in the sky, but if there’s only one star, it’s day, and if it’s three, then it’s night. The Gemara then clarifies that the stars which were discussed are medium size stars. Similarly, the Yerushalmi ([[Brachot]], cited by Ran 15a) says that [[Shabbat]] concludes when three stars can be seen in one area and not spread out. The Rambam ([[Shabbat]] 5:4) rules like Shmuel that when three medium size stars are seen it is certain nighttime. The Kesef Mishna ([[Shabbat]] 5:4) is bothered why the Rambam said that [[Bein HaShemashot]] begins from [[Shekiyah]] and ends when three stars are seen, choosing the opinion of Rabba for the beginning of [[Bein HaShemashot]] and Shmuel for the end of [[Bein HaShemashot]]. He answers that really Rabba and Shmuel agree and just describe it differently. This may also be the intent of the Rif (15a) and Rosh 2:23 who say that halacha follows Rabba as a stringency and also quote Shmuel without anyone arguing. See Or Letzion Vol. 1 YD 1:10 who offers a novel interpretation of the opinion of the Rambam that he holds like Rabbi Yose (see there for the halachic implications). See also Beur Halacha 416 who paskens like Rabbi Yose MeIkar HaDin, as well, and Chazon Ovadia Shabbat Vol. 1 pp. 264.</ref>
#The Gemara rules that if one does a Melacha on [[Shabbos]] for the duration of Bein Hashemashos on Friday evening and Saturday evening, one has certainly violated [[Shabbos]], and must bring a sin-offering. <ref>[[Shabbos]] 35b, Rambam (Hilchot [[Shabbos]] 5:4). This is because if one treats [[Bein Hashemashot]] as day, one broke [[Shabbos]] on Saturday evening. If one treats [[Bein Hashemashot]] as night, one violated [[Shabbos]] on Friday evening. </ref>
#Therefore, one cannot perform Melacha during [[Bein Hashemashot]]. <ref>Mishnah [[Shabbos]] 34b </ref>

==Miscellaneous==
===Toch Kedei Dibbur===

#[[Kedei Dibbur]] is the time it takes to say Shalom Alecha Rebbe. <ref>Kitzur Shulchan Aruch (Klalim s.v. Kedei)</ref>
#[[Toch Kedei Dibbur]] is less than the time it takes to say Shalom Alecha Rebbe.<ref>Kitzur Shulchan Aruch (Klalim s.v. Kedei)</ref>

===Kdei Aniva===

#There are several opinions about how long Kdei Aniva is, however, one doesn't need to be strict to consider it to be longer than 2 gudalin. <ref>How long is kdei aniva? There’s several opinions about this topic:

*Smag- long enough to loop around all the rest of the 7 strings.
*Chayei Adam, Kitzur Shulchan Aruch 9:13- 4 gudalin, Beiur Halacha: 2 gudalin, Eliya Rabba (paskening like Rif and Rosh)- long enough to loop around just 1 string (very short).
*The Beiur Halacha concludes that there’s no need to be strict for more than 2 gudalin. And he says if you have no choice, you can rely on the Eliya Rabba. see [http://ph.yhb.org.il/07-08-11/ Peninei Halacha]</ref>
#How long is the shiur of 2 godlin in practical terms? Chazon Ish : 5 cm, Rav Chaim Naeh: 4 cm. Rav Mordechai Eliyahu (comments to Kitzur 9:13) writes that Kedi Anivah is 4 cm.

===Yad Soledet Bo===

#For purposes of cooking on Shabbat and Kashrut, Yad Soledet Bo is certainly hotter than 113 degrees Fahrenheit. <ref>Shemirat Shabbat Kehilchata (ch. 1, note 3), Badei Hashulchan 92:151</ref> Others are concerned for anything over 110 degrees Fahrenheit and over 160 degrees is certainly yad soledet bo. <ref>Igrot Moshe (OC 4:74 Bishul no. 3), The Laws of Kashrut p. 111). [https://www.yutorah.org/sidebar/lecture.cfm/788227/rabbi-hershel-schachter/kashrus-in-the-home/ Rav Hershel Schachter ("Kashrus in the Home" 2012, about min 30)] quotes Rav Soloveitchik that yad soledet bo is at least 140 degrees and no more than 160 degrees.</ref>

==Links==

*[http://www.yutorah.org/lectures/lecture.cfm/763395/Rabbi_Michael_Taubes/_Parshas_Eikev_How_Big_is_a_Kezayis_ How Big is a Kezayis] by Rabbi Michael Taubes

==Sources==
<references />
[[Category:Brachot]]

Reference of Measurements in Halacha

2019-08-02T01:28:43Z

Ezralevy: /* Olot HaShachar */

[[Image:Measuring Tools.png|200px|right]]
There are many different [[measurements]] used in the Torah and classical Rabbinic Seforim, which are important for daily living. An example is the specific amount of wine that [[Kiddush]] is made on: One [[Revi'it]]. If one doesn't know how much a [[Revi'it]] is, how can one fulfill the Mitzvah properly?
The modern day equivalents for many Hebrew [[measurements]] are discussed below.
In addition, discussed below are many Halachic times which also matter for everyday use.
==Food or Drink==
===Kezayit===

#According to Ashkenazim, all sizes are measured in volume and not weight.<ref>Mishna Brurah 456:3, Vezot HaBracha (pg 6) </ref> However, according to Sephardim the actual halacha is that measures are in volume but the minhag is to follow the measures in weight. <ref>See Yalkut Yosef (Klalei [[Brachot]] pg 195-202) who discusses this at length. However, see Or Letzion (Vol. 3, Introduction) who argues that the custom to use weight is only for foods which have similar density to water, but for other foods (like Matza) one would use volume. Halacha Brurah 210:2 rules that the kezayit is measured by volume and not weight. See Otzrot Yosef 8:9. </ref>
#There’s a dispute in the Rishonim whether the [[Kezayit]] (olive size) is a half or third of a [[KeBaytzah]] (egg size), and regarding [[Bracha Achrona]] and Deoritta Mitzvot, the halacha follows the opinion that a [[Kezayit]] is half a KeBeytzah. <ref>*Mishna Brurah 486:1 writes that the Tosfot holds a [[Kezayit]] is half of a KeBeitzah with the shell and the Rambam holds it is a third of a KeBeitzah (see Tosfot (Yoma 80b s.v. Agav), Rambam (Eiruvin 1:9)). S”A 486 rules like Tosfot. Rav Avraham Chaim Noeh (Shiurei Torah 3:12) argues that Tosfot holds half a KeBeitzah without the shell.
*What's the halacha? Mishna Brurah 486:1 rules that for Deoritta Mitzvot and [[Bracha Achrona]], one should eat the size of half a KeBeitzah, but for Derabbanan Mitzvot, one third suffices. He adds that since one has to make a Bracha on [[maror]], one should eat half a KeBeitzah.
*Chazon Ish 39:17 decided that we could be lenient like the Rambam. see below for an exact amount according to Chazon Ish</ref>
#According to Rav Chaim Noeh, the [[Kezayit]] for Deoritta measures (eating [[Matzah]]) and [[Bracha Achrona]] is 27cc. The Chazon Ish’s opinion is that the [[Kezayit]] is 33.3 grams (1.3 oz). <ref>*The Tzlach (Pesachim 116b) holds that the modern day eggs are half the size of those in the days of Chazal. However, Rav Noeh (Shiurei Torah Shaar 3) argues that the modern day eggs have not changed from the days of Chazal. Mishna Brurah 486:1 writes that for the mitzvah deoraitta of [[matza]], one should follow the stringent view of the Tzlach. see Rav Shlomo Wahrman (Orot Haesach 28) who explains why there is no need to say that the eggs have shrunk since the times of the Gemara. see also Maaseh Rav 74, where it says that the Gra accepted the position of the Tzlach.
*Practically, how much is a [[Kezayit]]?
**(1) Rav Chaim Noeh in Shiurei Torah (3:11, pg 191, 5707) writes that for Deoritta Mitzvot one should eat 28.8cc, however, in Shiurei Tzion (p. 70, 5709) he writes that it is 27cc. Vezot HaBracha (Birur Halacha 1) explains that Rav Chaim Noeh retracted from his original ruling.
**(2) Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) quotes the Chazon Ish that a [[Kezayit]] is 2/3 of a modern egg and an egg can possibly be up to 55cc. Therefore, Vezot HaBracha (Birur Halacha 1) writes that the Chazon Ish holds that 33.3cc is a [[Kezayit]]. The Chazon Ish's opinion of [[Kezayit]] is partially based on the opinion of the Tzlach. see also Chazon Ish in Hilchot [[Shabbat]] 39.
**(3) Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Kezayit]] is 31.2cc. [However, Rabbi Bodner in Halachos of K’zayis (p. 24) writes that Rav Dovid Feinstein told him that Rav Moshe never measured the eggs himself and it was his student who calculated 1.1oz, but that if his calculations were more precise he should use those. Therefore, Rabbi Bodner rules, based on his own calculations, that a [[Kezayit]] is 27.2cc.]
**(4) Rav Mordechai Willig ([http://www.yutorah.org/lectures/lecture.cfm/760487/Rabbi_Mordechai_I_Willig/How_Much_Matza_Do_You_Need_to_Eat Pesach To-Go, Nisan 5771], p. 60) is of the opinion that the size in volume of a kezayis is 22.5 cubic centimeters.
</ref>
##The minhag of the world and many other authorities is to follow Rav Chaim Noeh’s opinion. <ref>Vezot HaBracha (pg 6, Birur 1, pg 221) quotes Rav Elyashiv and Rav Shlomo Zalman saying that for [[Bracha Achrona]] the widely accepted measurement of the [[Kezayit]] is according to Rav Chaim Noeh. Vezot HaBracha also mentions that such is the minhag of the world. </ref>
#If one ate between a third and a half a [[KeBaytzah]] one should not make a Bracha achrona because of safek [[Brachot]]. Therefore, one should have less than a third and not make a Bracha achrona or more than a half and make a Bracha achrona. <ref>Mishna Brurah 486:1 </ref>
#On Mitzvot Deoritta such as eating [[Matzah]] one must be strict to hold a [[Kezayit]] is a half a [[KeBaytzah]]. However, regarding מצות Derabbanan it’s preferable to hold that a [[Kezayit]] is a half a kebaytzah, however, one may rely on the opinion that a [[Kezayit]] is a third a kebaytzah. <ref>Mishna Brurah 486:1 </ref>
#One needs to make sure that he does not count air in the food as part of the shiur of kezayis. If one has a food that is hollow, a kezayis of that food is considered when the food would be pressed.<ref>Rama 486:1 </ref>

===Kedi Achilat Pras===

#See [[Kedi Achilat Pras]] (the time in which a [[Kezayit]] is considered eaten together)

===KeBaytzah===

#According to Rav Chaim Noeh, the KeBaytzah is 55cc, and according to the Chazon Ish, it is 100cc. <ref>Vezot HaBracha pg 6 </ref>

===Revi'it===

#A Reviyit is a [[KeBaytzah]] and a half.<ref>Mishna Brurah 486:1 </ref> Therefore, Rav Chaim Noeh holds that the [[Reviyit]] is 86 grams (3 oz),<ref>Shiurei Tzion (p. 69)</ref> the Chazon Ish holds that the [[Reviyit]] is 150 grams (5.3 oz).<ref>Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) according to the rulings of the Chazon Ish </ref>, and some quote Rav Moshe as saying the Revi'it is 3.3 oz. <ref>Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Reviyit]] is 3.3 oz.</ref>
#With regards to drinking [[the four cups of wine]], see the [[Required Amount of Matzah and Wine for the Seder]] page.

===Kedei Shtiyat Reviyit===

#See Kedei Shtiyat Revi'it (the time in which a Revi'it is considered drunk together).

==Length==
===Amah, Tefach, Etzbah===
{| class="wikitable sortable"
!
!Amah
!Tefach
!Etzbah
|-
|Rav Moshe Feinstein<ref>Sh”t Igrot Moshe O”C 1:136. writes that the [[Amah]] is 21.25 inches and one can be strict to hold that it is 23 inches. Similarly, the Aruch Hashulchan YD 286:21 writes that 4 amot is one Russian ''sazhen'' which is the equivalent of 7 feet (see [https://en.wikipedia.org/wiki/Obsolete_Russian_units_of_measurement Wikipedia's page on Russian measurements]) meaning that the amah is 21 inches. [https://asif.co.il/download/kitvey-et/kol/kol-30/1-29.pdf Dr. Gideon Freedman in Kol Bramah v. 4 p. 229] proves that the Aruch Hashulchan YD 201:3 and Mishna Brurah 358:7 both hold that the amah is 21 inches. The Aruch Hashulchan says that an amah is three quarters of a arshin and an arshin is 71.12 cm. The Mishna Brurah ties 53 russian arshins to 70.83 amot. See there for the calculations.</ref>
|21.25 in. (53.98 cm)
|3.54 in. (9.00 cm)
|0.89 in. (2.25 cm)
|-
|Rav Chaim Noeh<ref>Shiurei Torah (by Rav Chaim Noeh, Siman 3 Seif 25 pg 249) </ref>
|18.90 in. (48 cm)
|3.15 in. (8 cm)
|0.79 in. (2 cm)
|-
|Chazon Ish<ref>Shiurin shel Torah (pg 3) by the Steipler quoting the Chazon Ish but admitting that these are approximate measures because of the need to publicize the measures but not an accurate calculation. </ref>
|24 in. (60.96 cm)
|4 in. (10.16 cm)
|1 in. (2.54 cm)
|}

===Mil===

#When [[Mil]] is given in terms of time, some consider it 18 minutes, some 22.5 minutes, and some 24 minutes. <ref>Shulchan Aruch 459:2 writes that the [[mil]] is 18 minutes. Rama 261:1 agrees. Beiur Halacha 459:2 s.v. Haviy quotes some who consider it 22.5 minutes and others who say that it is 24 minutes.</ref>
#When [[Mil]] is given in terms of distance it is equal to 2000 [[Amot]]. <ref>Rashi Yoma 67a s.v. shivah and Tosfot Shabbat 34b s.v. safek write that a mil is 2000 amot. Shulchan Aruch 261:2 writes that 3/4 of a [[mil]] is equal to 1500 [[amot]], implying a [[mil]] is 2000 [[amot]]. [http://www.yeshiva.org.il/midrash/shiur.asp?id=15883#3b Rabbi Melamed on yeshiva.org.il] writes that a [[mil]] is 2000 [[amot]].</ref>

==Money==
===Prutah===

#A [[prutah]] is 1/40 of a gram of silver (which is about a few cents). However, the [[prutah]] with regards to the mitzvah of returning a lost object is discussed [[Returning_Lost_Objects#Worth_a_Prutah| here]]. <ref>S”A CM 88:1 says a [[prutah]] is a half of a pearl of barley. Shiurei Torah (Rav Chaim Noeh pg 177) and Shiurei HaMitzvot (Chazon Ish pg 65) say a [[prutah]] is 1/40 of a gram of silver (which currently is about 2.3 cents). Halachos of [[Chanukah]] (Rabbi Shimon Eider, pg 38) quotes Rav Moshe Feinstein saying that a [[prutah]] is 2 or 3 cents and not just one penny. See Halachos of Other People’s Money (Rabbi Bodner pg 150) who quotes Rav Moshe regarding a [[prutah]] for the mitzvah of returning a lost object. </ref>

===Asara Zehuvim===

#If someone steals someone else's mitzvah they should pay them the 10 zehuvim, which is equal to 1200 grams of silver (roughly $650 but varies).<ref>Rav Chaim Noeh (Shiurei Torah p. 379 ch. 3 n. 45) writes that the 10 zehuvim are equal to 250 silver dinar which are 1200 grams of silver.</ref>

==Time==
===Shaot Zmaniot===

#[[Shaot Zmaniot]] are halachic hours which are calculated by dividing the daytime hours into 12. There’s a dispute of how to measure the day; some count the day from Olot HaShachar until [[Tzet HaKochavim]] (Magen Avraham) <ref>Many authorities holds that the halachic hours in the day are considered from Olot including: Sh”t Trumat HaDeshen 1, Levush 267, Minchat Cohen (Mevoh Shemesh 2:6) in name of Tosfot Ramban and Rashba, Bach (431), Taz 433, Pri [[Chadash]] 443, Magen Avraham 58:1, 433:3, Eliyah Raba 58:2, Mizbe’ach Adama 4a, Mikraeh Kodesh 158b, Mateh Yehuda 433, Sh”t Chaim Shal 2:38(70), Tov Ayin 18:38, Sh”t Teshuva MaAhava 1:25, Shalmei Tzibbur 93c, Chesed Alafim 58:5, Chaye Adam 21:3,27:1, Kitzur Shulchan Aruch 17:1, Magen Giborim (Shiltei Hagiborim 58:3), and Rav Poalim O”C 2:2. </ref>, and some count it from [[HaNetz]] until [[Shekiah]] (Gra).<ref>Many authorities hold that the halachic hours of the day are considered to begin from [[HaNetz]] incluing: Rambam’s Sh”t Pear Hadar 44 (as understood by Halacha Brurah (Shaar Tzion 58:17), Rav Chaim Drok (Noam 9 pg 235), and Orot Chaim 320 against the Yetsiat Mitzmayim (Sefaka Deyoa pg 115)), Siddur Rav Sadyah Goan pg 12, Minchat Cohen Mevoh Hashemesh 2:6 in name of Goanim, Rambam, Rabbenu Yonah, Hagahot Maimon, and Mordechai (Pri [[Chadash]] rejects his proofs), Shiltei Hagiborim on the Mordechai ([[Brachot]] 4:3) (as understood by Magen Avraham 233:3, Shaar Tzion 233:10, and Kaf HaChaim 233:7), Levush (233:1,267), Shaarei Knesset Hagedolah 58:8, Tosfot [[Yom Tov]] (Pesachim 2:3), and Biur HaGra 459:2.</ref>
##According to Sephardim, regarding Deoritta laws (including [[Kriyat Shema]]) one should be strict for the opinion of the Magen Avraham. <ref>In conclusion, Minchat Cohen (Mevoh Hashemesh 2:9), Erech HaShulchan 433, Halichot Olam (vol 1, Vaera 3), and Yalkut Yosef (vol 1, pg 98) write that one should be strict for the opinion of the Magen Avraham for Deoritta issues, for example [[Kriyat Shema]]. </ref>
##Among Ashkenazim, some are strict to hold like the Magen Avraham, unless there is an serious need, in which case one may hold like the Gra. <ref>Rabbi Yechiel Michel Tukachinsky in Sefer Eretz Yisrael (pg 18#3) writes that the minhag of [[Israel]] is to follow the magen avraham and only under pressure may one rely on the Gra.</ref> However, some are lenient to rely on the Gra. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 77-79) says that many follow the opinion of the Gra in calculating the time for Sof [[Kriyat Shema]]. </ref>

===Olot HaShachar===

#Many rishonim hold that [[Olot HaShachar]] is 72 minutes before sunrise on a "perfect day" (when sunrise and sunset are exactly 12 hours apart) in Jerusalem which is equivalent to when the sun is 16 degrees below the horizon for everywhere in the world, however, others hold that [[Olot HaShachar]] is 90 minutes on a perfect day which is 19.78 degrees below the horizon. <ref>*The Rosh (Brachot 4:1) writes that Olot for the korban tamid and Shacharit is after the rays of the sun begin to show and also the Eastern part of the sky began to become light. This is also the opinion of the Rabbenu Yerucham cited by Bet Yosef 89:1. Shulchan Aruch 89:1 codifies their opinion. Magen Avraham 89:3 argues that many rishonim hold that Olot is once the rays of the sun begin to show even though the Eastern part of the sky isn't light. Torat Yoma 28a siman 11 writes that the Rambam Pirush Mishnayot Yoma 3:1 and Ritva Yoma 28a hold like the Rosh and Rabbenu Yerucham, while Rashi sides with the Magen Avraham. Practically, the Mishna Brurah (Biur Halacha 89:1 s.v. v'im) writes that one shouldn't be lenient for the Magen Avraham as the Eliya Rabba, Mateh Yehuda, and Gra argue with the Magen Avraham. Therefore, Olot is once the rays of the sun began to show and also the Eastern part of the sky became light.
*Sefer Zmanim KeHilchatam (Rabbi Berstein, pg 347) writes that 72 minutes on a perfect day in Jerusalem is equal to when the sun is 16 degrees below the horizon and 90 minutes is equal to 19.78 degrees below the horizon. He personally rules that one should be strict for both of these opinions for Deoritta halachas and those derabbanan halachas where safek is lechumra. He tries to prove that this is the opinion of the Mishna Brurah (92:3, Beiur Halacha 163:1 s.v. Berachok). However, he totally rejects the opinion that [[Olot HaShachar]] is 120 minutes before sunrise. [It is noteworthy that astronomical dawn is the time when the Sun is at 18 degrees below the horizon and before then the sky is absolutely dark ([timeanddate.com https://www.timeanddate.com/astronomy/different-types-twilight.html]).]
*He also quotes Rabbi Tukachinsky who held like the opinion of 90 minutes.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 65-7) says that we assume that [[Olot HaShachar]] depends on degrees below horizon and the specific times vary according to one’s location. Similarly, [http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 19-21) mentioned in passing that [[Olot HaShachar]] is assumed to be 72 minutes before sunrise, varying according to the longitude and latitude.</ref>
# According to Sepharadim, Alot HaShachar is 72 minutes before sunrise.<ref> Yalkut Yosef, Kitzur Shulchan Aruch, Siman 58, Seif 3. </ref> These minutes are proportional to the length of the day,<ref> Yalkut Yosef, Pesuke DeZimra and Keriat Shema, pages 432-433 based on Rambam, Perush Mishnayot, Masechet Berachot, Perek 1.</ref> and do not depend on current location. <ref> Zmanim KHalacha, page 43.</ref>

===MeSheyakir===

#There is a wide range of opinions precisely when Misheyakir occurs in Jerusalem on a perfect day, when there is exactly 12 daylight hours and every seasonal hour consists of 60 minutes. The three opinions include: 35 minutes before sunrise,<ref>Rav Moshe Feinstein in Le-Torah ve-Hora'ah Vol. 3:7 and in Iggeros Moshe OC 4:6 holds of 35 minutes. Rav Yaakov Kamenetsky in Emes liyaakov OC 58:1 rules that it is 36 minutes before sunrise. Zmanei Halacha LeMaaseh (pg 19) holds of 40 minutes before sunrise. </ref> 60 minutes before sunrise,<ref>Rav Tukaczinsky in Sefer Eretz Yisrael 1:4 (pg 18), Kaf HaChaim 18:18, Sh"t Binyan Tzion 2:16 hold of 60 minutes before sunrise. Nivreshet (vol 1, pg 43) holds of 52 minutes.</ref> and 66 minutes before sunrise.<ref>Rav Ovadya Yoseh in Yechave Daat 2:8</ref>
#The various opinions would then have to be extrapolated according to the region of the world and time of year.<ref>*There are two factors at work here: First, the processes of daybreak and nightfall occur faster at places near the equator than places further away from the equator. Second, the speed of these processes are also affected by the seasons.
*A common solution would be to use seasonal minutes. In order to calculate a seasonal hour, one would need to add up all the daytime minutes and then divide by 12 to get the number of minutes that are in each seasonal hour. For instance, if there were 11 hours of daylight, each seasonal hour would consist of 55 minutes. To further complicate matters, there are two ways of counting the daytime minutes: The Magen Avraham counts from dawn until nightfall with the emergence of 3 stars, whereas the Gra counts from sunrise to sunset.
*Another means for calculation, which has only recently been implemented, is to compare the level of brightness by using the relative position of the sun. For instance, it has been determined that 60 minutes before sunrise on a perfect day in Jerusalem the sun is 12.9 degrees below the horizon. Therefore, if one wanted to find the equivalent time anywhere in the world during any season, he would simply determine at what time the sun will be 12.9 degrees below the horizon in that locale on that day and that would be the extrapolated Meshiyakir.</ref> Thus, according to the commonly accepted opinion that Meshiyakir is between 50 and 60 minutes before sunrise in Jerusalem - In New York, depending on the time of the year, it could be anywhere from 56-73 minutes before sunrise.<ref>MyZmanim.com. These figures are determined using MyZmanim’s earliest published position of 11.5 degrees below the horizon. Unfortunately, MyZmanim.com only offers calculations based upon 10.2 degrees, 11 degrees, and 11.5 degrees but not 12.9 degrees. It is unfortunate because 12.9 degrees correlates to Rav Tukaczinsky’s 60 minutes before sunrise which, although is a very lenient position is also well collaborated and accepted.

*[http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 21-23) mentions in passing that [[MeSheYakir]] is about 40 or 50 minutes before sunrise.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 68-70) says that Rav Moshe held [[MeSheYakir]] is between 35-40 minutes before sunrise and seems to agree with him, although he mentions that some say it’s 55 minutes before sunrise.</ref>

===HaNetz HaChama (Sunrise)===

#[[HaNetz HaChama]] is sunrise which is halachically the same as the astronomical calculation of sunrise.<ref>*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunrise is the same as the sunrise calculated by the naval observatory which is when the sun begins to rise. Halacha Brurah 58:7 proves that netz is astronomical sunrise when the upper edge of the sun is on the horizon as opposed to the opinion of the Divrei Dovid 36 and Ben Ish Chai Vayishlach no. 4 that it is 2.6 minutes earlier.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 72-77) says that sunset should be determined as though the mountains to the east and west are at sea level and do not block the visibility of the sun. However, the elevation of the place one is currently located is taken into consideration and if one is in a valley the sunset is a little later (less than 5 minutes) than what would have been visible. Yet, he adds, that most opinions hold that regarding sunrise both one’s location’s elevation and surrounding mountains are taken into consideration.</ref> This is the standard time printed for netz such as on myzmanim.com.

===Chatzot===

#[[Chatzot]] is midday and midnight, always separated by 12 hours.<ref>Mishna Brurah 1:9 writes that [[chatzot]] at night is always 12 hours after [[chatzot]] of day for any place in the world.</ref>

===Mincha Gedola===

#Mincha Gedola is six and a half halachic hours (Shaot Zmaniot) after sunrise.<ref>Rashi (Pesachim 107a s.v. mincha gedola), Rambam (Tefillah 3:2)</ref>

===Mincha Ketana===

#Mincha Ketana is nine and a half halachic hours (Shaot Zmaniot) after sunrise.<ref>Rashi (Pesachim 107b s.v. oh), Rambam (Tefillah 3:2)</ref>

===Shekiyah (Sunset)===

#[[Shekiyah]] is sunset which, in general, is halachically the same as the astronomical calculation of sunset. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunset is the same as the sunset calculated by the naval observatory which is when the sun has completely set. </ref>

===Tzet HaKochavim (Emergence of the stars)===

#There's a major dispute when Tzet HaKochavim is: Rabbenu Tam assumes that it's about 72 minutes after [[Shekiyah]] and the Gra assumes that it's three quarters of a [[mil]] after [[Shekiyah]], varying according to one's location. <ref>Rabbi Hershel Schachter on [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha# yutorah.org (min 43-5)] explains that many practice like the Gra regarding Tzet HaKochavim on [[Motzei Shabbat]]. See Biur HaGra and Mishna Brurah 261. Pri Megadim assumes that according to Rabbenu Tam, 72 minutes is a fixed time, but Mishna Brurah writes that it varies according to one's location.</ref>

===Bein HaShemashot===

#[[Bein HaShemashot]] is the time period between certain daytime and certain nighttime. In many halachot, it is considered a ''safek,'' or doubt, whether it is considered day or night and has many practical ramifications. There is a major dispute regarding the length of this period. <ref>*'''(1) Gemara [[Shabbat]]''' 34b says [[Bein HaShemashot]] is considered as a doubt whether it is considered daytime or nighttime. When is [[Bein HaShemashot]]? Rabbi Yehuda says that [[Bein HaShemashot]] starts from [[Shekiyah]] and concludes when the entire ball of the sun has set. Rabbi Yose, however, says that [[Bein HaShemashot]] is as short as the blink of an eye, though R. Yose also agrees that there is a doubt (Tosfot 34b s.v. Rabbi Yose). R. Nechemya says that it is from [[Shekiyah]] and lasts the length of time it takes to walk a half [[mil]]. [Note, a mil is 2000 amot (see above).]
*'''Explanation of Rabbi Yehuda's opinion:''' Rabba explains Rabbi Yehuda as saying that [[Bein HaShemashot]] starts from [[Shekiyah]] even though the sky is still red, while Rav Yosef says [[Bein HaShemashot]] starts from when the sun already set. It follows, says the Gemara, that according to Rabba the span of [[Bein HaShemashot]] is 3/4 of a [[mil]] and according to Rav Yosef [[Bein HaShemashot]] is 2/3 of a [[mil]].
*'''Who do we follow, Rabba or Rav Yosef, in explaining Rabbi Yehuda?''' The Rif (15a) writes that since it is unclear whether halacha follows Rav Yosef or Rabba, one should be strict to follow Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Then he says that it seems halacha should follow Rabba because halacha always follows Rabba with three exceptions and this isn't one of them. Similarly, Rambam ([[Shabbat]] 5:4) rules like Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Rabbenu Yonah (quoted by Rosh [[Shabbat]] 2:23) argues that since they're not arguing about which logic is correct but about what Rav Yehuda said the halacha follows both Rabba and Rav Yosef, whichever way will be a stringency. Therefore, in context of [[accepting Shabbat]], Rama 261:1 rules like Rabba that [[Bein HaShemashot]] is 3/4 of a [[mil]].
*'''Explanation of Rabbi Yose's opinion:''' Shmuel ([[Shabbat]] 35a) says that Rav Yose’s concept of [[Bein HaShemashot]] takes place after the [[Bein HaShemashot]] already finished. Tosfot ([[Shabbat]] 34b s.v. Rabbi Yose) explains that even according to Rabbi Yose there’s a window of time when there is an uncertainty whether it is day or night but it isn’t as long as it is for Rabbi Yehuda. Rosh (Shabbat 2:23) discusses whether Rabbi Yose's [[Bein HaShemashot]] begins immediately after Rabbi Yehuda's or a while afterwards and doesn't come to a clear conclusion. Rashi to 35a s.v. Bein HaShemashot DeRabbi Yose seems to hold that it is right after R. Yehuda's period.
*'''Who does the halacha follow? Rabbi Yehuda or Rabbi Yose''' The Briatta ([[Shabbat]] 34b) says that in regards to practical ramifications [[Bein HaShemashot]] is always considered day as a stringency and night as a stringency. Rif ([[Shabbat]] 14b) and Rambam ([[Shabbat]] 5:4) codify this Briatta. Shulchan Aruch 261:1 rules that during [[Bein HaShemashot]] one may not do anything one may not do on [[Shabbat]] with some exceptions (see there). Therefore, Rabbi Yochanan ([[Shabbat]] 35a) says that we follow Rabbi Yehuda regarding [[Shabbat]] as a stringency and Rabbi Yose regarding Trumah as a stringency. Rif (15a) and Rosh 2:23 codify Rabbi Yochanan as halacha.
*'''(2) Gemara Pesachim''' 94a records Rabbi Yochanan's statement that an average person can walk 30 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and 5 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]] (according to Rashi s.v. Ovav). The Gemara challenges this and explains really an average person can walk 32 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and only 4 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]].
*'''The opinion of Rabbenu Tam:''' Tosfot (Pesachim 94a s.v. Rabbi Yehuda and [[Shabbat]] 35a s.v. Trei) is bothered how the Gemara [[Shabbat]] seems to say that from [[Shekiyah]] until [[Tzet HaKochavim]] a person can walk 3/4 of a [[mil]] (according to the Rabba) and the Gemara Pesachim says a person can walk 4 [[mil]]. Rabbenu Tam answers that the Gemara [[Shabbat]] was referring to the end of the [[Shekiyah]] and from then until [[Tzet HaKochavim]] is 3/4 of a [[mil]], while the Gemara Pesachim is discussing the beginning of [[Shekiyah]] which takes 4 [[mil]] until [[Tzet HaKochavim]]. Ramban (cited by [[Maggid]] Mishna), [[Maggid]] Mishna ([[Shabbat]] 5:4), and Ran ([[Shabbat]] 15a) agree. The Ran ([[Shabbat]] 15a) explains that according to Rabbenu Tam there's two Shekiyot. After the first it is still considered daytime until 3.25 [[mil]] after the beginning of the [[Shekiyah]]. [[Bein HaShemashot]], which is uncertain day or night, spans 3/4 of a [[mil]] and begins from the beginning of the second [[Shekiyah]]. See Beiur Halacha 261 s.v. Metechila who explains that the first [[Shekiyah]] is when the sun sets from our vision, and the second [[Shekiyah]] is when the light from the sun leaves the sky.
*'''Does halacha follow Rabbenu Tam?''' The Shulchan Aruch 261:2 rules in accordance with Rabbenu Tam and states that from the beginning of the [[Shekiyah]] until [[Bein HaShemashot]] there's 3.25 [[mil]] and then [[Bein HaShemashot]] itself is .75 of a [[mil]], which is equivalent to the time it takes to walk 1500 [[amot]]. Beiur Halacha 261 s.v. Metechila writes that for sure one should be strict for the Gra not to do any melacha after sunset.
*'''(3) Shmuel's opinion:''' Then, Shmuel ([[Shabbat]] 35b) says that [[Bein HaShemashot]] is as long as two stars are seen in the sky, but if there’s only one star, it’s day, and if it’s three, then it’s night. The Gemara then clarifies that the stars which were discussed are medium size stars. Similarly, the Yerushalmi ([[Brachot]], cited by Ran 15a) says that [[Shabbat]] concludes when three stars can be seen in one area and not spread out. The Rambam ([[Shabbat]] 5:4) rules like Shmuel that when three medium size stars are seen it is certain nighttime. The Kesef Mishna ([[Shabbat]] 5:4) is bothered why the Rambam said that [[Bein HaShemashot]] begins from [[Shekiyah]] and ends when three stars are seen, choosing the opinion of Rabba for the beginning of [[Bein HaShemashot]] and Shmuel for the end of [[Bein HaShemashot]]. He answers that really Rabba and Shmuel agree and just describe it differently. This may also be the intent of the Rif (15a) and Rosh 2:23 who say that halacha follows Rabba as a stringency and also quote Shmuel without anyone arguing. See Or Letzion Vol. 1 YD 1:10 who offers a novel interpretation of the opinion of the Rambam that he holds like Rabbi Yose (see there for the halachic implications). See also Beur Halacha 416 who paskens like Rabbi Yose MeIkar HaDin, as well, and Chazon Ovadia Shabbat Vol. 1 pp. 264.</ref>
#The Gemara rules that if one does a Melacha on [[Shabbos]] for the duration of Bein Hashemashos on Friday evening and Saturday evening, one has certainly violated [[Shabbos]], and must bring a sin-offering. <ref>[[Shabbos]] 35b, Rambam (Hilchot [[Shabbos]] 5:4). This is because if one treats [[Bein Hashemashot]] as day, one broke [[Shabbos]] on Saturday evening. If one treats [[Bein Hashemashot]] as night, one violated [[Shabbos]] on Friday evening. </ref>
#Therefore, one cannot perform Melacha during [[Bein Hashemashot]]. <ref>Mishnah [[Shabbos]] 34b </ref>

==Miscellaneous==
===Toch Kedei Dibbur===

#[[Kedei Dibbur]] is the time it takes to say Shalom Alecha Rebbe. <ref>Kitzur Shulchan Aruch (Klalim s.v. Kedei)</ref>
#[[Toch Kedei Dibbur]] is less than the time it takes to say Shalom Alecha Rebbe.<ref>Kitzur Shulchan Aruch (Klalim s.v. Kedei)</ref>

===Kdei Aniva===

#There are several opinions about how long Kdei Aniva is, however, one doesn't need to be strict to consider it to be longer than 2 gudalin. <ref>How long is kdei aniva? There’s several opinions about this topic:

*Smag- long enough to loop around all the rest of the 7 strings.
*Chayei Adam, Kitzur Shulchan Aruch 9:13- 4 gudalin, Beiur Halacha: 2 gudalin, Eliya Rabba (paskening like Rif and Rosh)- long enough to loop around just 1 string (very short).
*The Beiur Halacha concludes that there’s no need to be strict for more than 2 gudalin. And he says if you have no choice, you can rely on the Eliya Rabba. see [http://ph.yhb.org.il/07-08-11/ Peninei Halacha]</ref>
#How long is the shiur of 2 godlin in practical terms? Chazon Ish : 5 cm, Rav Chaim Naeh: 4 cm. Rav Mordechai Eliyahu (comments to Kitzur 9:13) writes that Kedi Anivah is 4 cm.

===Yad Soledet Bo===

#For purposes of cooking on Shabbat and Kashrut, Yad Soledet Bo is certainly hotter than 113 degrees Fahrenheit. <ref>Shemirat Shabbat Kehilchata (ch. 1, note 3), Badei Hashulchan 92:151</ref> Others are concerned for anything over 110 degrees Fahrenheit and over 160 degrees is certainly yad soledet bo. <ref>Igrot Moshe (OC 4:74 Bishul no. 3), The Laws of Kashrut p. 111). [https://www.yutorah.org/sidebar/lecture.cfm/788227/rabbi-hershel-schachter/kashrus-in-the-home/ Rav Hershel Schachter ("Kashrus in the Home" 2012, about min 30)] quotes Rav Soloveitchik that yad soledet bo is at least 140 degrees and no more than 160 degrees.</ref>

==Links==

*[http://www.yutorah.org/lectures/lecture.cfm/763395/Rabbi_Michael_Taubes/_Parshas_Eikev_How_Big_is_a_Kezayis_ How Big is a Kezayis] by Rabbi Michael Taubes

==Sources==
<references />
[[Category:Brachot]]

Reference of Measurements in Halacha

2019-08-02T00:57:26Z

Ezralevy: /* Olot HaShachar */

[[Image:Measuring Tools.png|200px|right]]
There are many different [[measurements]] used in the Torah and classical Rabbinic Seforim, which are important for daily living. An example is the specific amount of wine that [[Kiddush]] is made on: One [[Revi'it]]. If one doesn't know how much a [[Revi'it]] is, how can one fulfill the Mitzvah properly?
The modern day equivalents for many Hebrew [[measurements]] are discussed below.
In addition, discussed below are many Halachic times which also matter for everyday use.
==Food or Drink==
===Kezayit===

#According to Ashkenazim, all sizes are measured in volume and not weight.<ref>Mishna Brurah 456:3, Vezot HaBracha (pg 6) </ref> However, according to Sephardim the actual halacha is that measures are in volume but the minhag is to follow the measures in weight. <ref>See Yalkut Yosef (Klalei [[Brachot]] pg 195-202) who discusses this at length. However, see Or Letzion (Vol. 3, Introduction) who argues that the custom to use weight is only for foods which have similar density to water, but for other foods (like Matza) one would use volume. Halacha Brurah 210:2 rules that the kezayit is measured by volume and not weight. See Otzrot Yosef 8:9. </ref>
#There’s a dispute in the Rishonim whether the [[Kezayit]] (olive size) is a half or third of a [[KeBaytzah]] (egg size), and regarding [[Bracha Achrona]] and Deoritta Mitzvot, the halacha follows the opinion that a [[Kezayit]] is half a KeBeytzah. <ref>*Mishna Brurah 486:1 writes that the Tosfot holds a [[Kezayit]] is half of a KeBeitzah with the shell and the Rambam holds it is a third of a KeBeitzah (see Tosfot (Yoma 80b s.v. Agav), Rambam (Eiruvin 1:9)). S”A 486 rules like Tosfot. Rav Avraham Chaim Noeh (Shiurei Torah 3:12) argues that Tosfot holds half a KeBeitzah without the shell.
*What's the halacha? Mishna Brurah 486:1 rules that for Deoritta Mitzvot and [[Bracha Achrona]], one should eat the size of half a KeBeitzah, but for Derabbanan Mitzvot, one third suffices. He adds that since one has to make a Bracha on [[maror]], one should eat half a KeBeitzah.
*Chazon Ish 39:17 decided that we could be lenient like the Rambam. see below for an exact amount according to Chazon Ish</ref>
#According to Rav Chaim Noeh, the [[Kezayit]] for Deoritta measures (eating [[Matzah]]) and [[Bracha Achrona]] is 27cc. The Chazon Ish’s opinion is that the [[Kezayit]] is 33.3 grams (1.3 oz). <ref>*The Tzlach (Pesachim 116b) holds that the modern day eggs are half the size of those in the days of Chazal. However, Rav Noeh (Shiurei Torah Shaar 3) argues that the modern day eggs have not changed from the days of Chazal. Mishna Brurah 486:1 writes that for the mitzvah deoraitta of [[matza]], one should follow the stringent view of the Tzlach. see Rav Shlomo Wahrman (Orot Haesach 28) who explains why there is no need to say that the eggs have shrunk since the times of the Gemara. see also Maaseh Rav 74, where it says that the Gra accepted the position of the Tzlach.
*Practically, how much is a [[Kezayit]]?
**(1) Rav Chaim Noeh in Shiurei Torah (3:11, pg 191, 5707) writes that for Deoritta Mitzvot one should eat 28.8cc, however, in Shiurei Tzion (p. 70, 5709) he writes that it is 27cc. Vezot HaBracha (Birur Halacha 1) explains that Rav Chaim Noeh retracted from his original ruling.
**(2) Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) quotes the Chazon Ish that a [[Kezayit]] is 2/3 of a modern egg and an egg can possibly be up to 55cc. Therefore, Vezot HaBracha (Birur Halacha 1) writes that the Chazon Ish holds that 33.3cc is a [[Kezayit]]. The Chazon Ish's opinion of [[Kezayit]] is partially based on the opinion of the Tzlach. see also Chazon Ish in Hilchot [[Shabbat]] 39.
**(3) Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Kezayit]] is 31.2cc. [However, Rabbi Bodner in Halachos of K’zayis (p. 24) writes that Rav Dovid Feinstein told him that Rav Moshe never measured the eggs himself and it was his student who calculated 1.1oz, but that if his calculations were more precise he should use those. Therefore, Rabbi Bodner rules, based on his own calculations, that a [[Kezayit]] is 27.2cc.]
**(4) Rav Mordechai Willig ([http://www.yutorah.org/lectures/lecture.cfm/760487/Rabbi_Mordechai_I_Willig/How_Much_Matza_Do_You_Need_to_Eat Pesach To-Go, Nisan 5771], p. 60) is of the opinion that the size in volume of a kezayis is 22.5 cubic centimeters.
</ref>
##The minhag of the world and many other authorities is to follow Rav Chaim Noeh’s opinion. <ref>Vezot HaBracha (pg 6, Birur 1, pg 221) quotes Rav Elyashiv and Rav Shlomo Zalman saying that for [[Bracha Achrona]] the widely accepted measurement of the [[Kezayit]] is according to Rav Chaim Noeh. Vezot HaBracha also mentions that such is the minhag of the world. </ref>
#If one ate between a third and a half a [[KeBaytzah]] one should not make a Bracha achrona because of safek [[Brachot]]. Therefore, one should have less than a third and not make a Bracha achrona or more than a half and make a Bracha achrona. <ref>Mishna Brurah 486:1 </ref>
#On Mitzvot Deoritta such as eating [[Matzah]] one must be strict to hold a [[Kezayit]] is a half a [[KeBaytzah]]. However, regarding מצות Derabbanan it’s preferable to hold that a [[Kezayit]] is a half a kebaytzah, however, one may rely on the opinion that a [[Kezayit]] is a third a kebaytzah. <ref>Mishna Brurah 486:1 </ref>
#One needs to make sure that he does not count air in the food as part of the shiur of kezayis. If one has a food that is hollow, a kezayis of that food is considered when the food would be pressed.<ref>Rama 486:1 </ref>

===Kedi Achilat Pras===

#See [[Kedi Achilat Pras]] (the time in which a [[Kezayit]] is considered eaten together)

===KeBaytzah===

#According to Rav Chaim Noeh, the KeBaytzah is 55cc, and according to the Chazon Ish, it is 100cc. <ref>Vezot HaBracha pg 6 </ref>

===Revi'it===

#A Reviyit is a [[KeBaytzah]] and a half.<ref>Mishna Brurah 486:1 </ref> Therefore, Rav Chaim Noeh holds that the [[Reviyit]] is 86 grams (3 oz),<ref>Shiurei Tzion (p. 69)</ref> the Chazon Ish holds that the [[Reviyit]] is 150 grams (5.3 oz).<ref>Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) according to the rulings of the Chazon Ish </ref>, and some quote Rav Moshe as saying the Revi'it is 3.3 oz. <ref>Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Reviyit]] is 3.3 oz.</ref>
#With regards to drinking [[the four cups of wine]], see the [[Required Amount of Matzah and Wine for the Seder]] page.

===Kedei Shtiyat Reviyit===

#See Kedei Shtiyat Revi'it (the time in which a Revi'it is considered drunk together).

==Length==
===Amah, Tefach, Etzbah===
{| class="wikitable sortable"
!
!Amah
!Tefach
!Etzbah
|-
|Rav Moshe Feinstein<ref>Sh”t Igrot Moshe O”C 1:136. writes that the [[Amah]] is 21.25 inches and one can be strict to hold that it is 23 inches. Similarly, the Aruch Hashulchan YD 286:21 writes that 4 amot is one Russian ''sazhen'' which is the equivalent of 7 feet (see [https://en.wikipedia.org/wiki/Obsolete_Russian_units_of_measurement Wikipedia's page on Russian measurements]) meaning that the amah is 21 inches. [https://asif.co.il/download/kitvey-et/kol/kol-30/1-29.pdf Dr. Gideon Freedman in Kol Bramah v. 4 p. 229] proves that the Aruch Hashulchan YD 201:3 and Mishna Brurah 358:7 both hold that the amah is 21 inches. The Aruch Hashulchan says that an amah is three quarters of a arshin and an arshin is 71.12 cm. The Mishna Brurah ties 53 russian arshins to 70.83 amot. See there for the calculations.</ref>
|21.25 in. (53.98 cm)
|3.54 in. (9.00 cm)
|0.89 in. (2.25 cm)
|-
|Rav Chaim Noeh<ref>Shiurei Torah (by Rav Chaim Noeh, Siman 3 Seif 25 pg 249) </ref>
|18.90 in. (48 cm)
|3.15 in. (8 cm)
|0.79 in. (2 cm)
|-
|Chazon Ish<ref>Shiurin shel Torah (pg 3) by the Steipler quoting the Chazon Ish but admitting that these are approximate measures because of the need to publicize the measures but not an accurate calculation. </ref>
|24 in. (60.96 cm)
|4 in. (10.16 cm)
|1 in. (2.54 cm)
|}

===Mil===

#When [[Mil]] is given in terms of time, some consider it 18 minutes, some 22.5 minutes, and some 24 minutes. <ref>Shulchan Aruch 459:2 writes that the [[mil]] is 18 minutes. Rama 261:1 agrees. Beiur Halacha 459:2 s.v. Haviy quotes some who consider it 22.5 minutes and others who say that it is 24 minutes.</ref>
#When [[Mil]] is given in terms of distance it is equal to 2000 [[Amot]]. <ref>Rashi Yoma 67a s.v. shivah and Tosfot Shabbat 34b s.v. safek write that a mil is 2000 amot. Shulchan Aruch 261:2 writes that 3/4 of a [[mil]] is equal to 1500 [[amot]], implying a [[mil]] is 2000 [[amot]]. [http://www.yeshiva.org.il/midrash/shiur.asp?id=15883#3b Rabbi Melamed on yeshiva.org.il] writes that a [[mil]] is 2000 [[amot]].</ref>

==Money==
===Prutah===

#A [[prutah]] is 1/40 of a gram of silver (which is about a few cents). However, the [[prutah]] with regards to the mitzvah of returning a lost object is discussed [[Returning_Lost_Objects#Worth_a_Prutah| here]]. <ref>S”A CM 88:1 says a [[prutah]] is a half of a pearl of barley. Shiurei Torah (Rav Chaim Noeh pg 177) and Shiurei HaMitzvot (Chazon Ish pg 65) say a [[prutah]] is 1/40 of a gram of silver (which currently is about 2.3 cents). Halachos of [[Chanukah]] (Rabbi Shimon Eider, pg 38) quotes Rav Moshe Feinstein saying that a [[prutah]] is 2 or 3 cents and not just one penny. See Halachos of Other People’s Money (Rabbi Bodner pg 150) who quotes Rav Moshe regarding a [[prutah]] for the mitzvah of returning a lost object. </ref>

===Asara Zehuvim===

#If someone steals someone else's mitzvah they should pay them the 10 zehuvim, which is equal to 1200 grams of silver (roughly $650 but varies).<ref>Rav Chaim Noeh (Shiurei Torah p. 379 ch. 3 n. 45) writes that the 10 zehuvim are equal to 250 silver dinar which are 1200 grams of silver.</ref>

==Time==
===Shaot Zmaniot===

#[[Shaot Zmaniot]] are halachic hours which are calculated by dividing the daytime hours into 12. There’s a dispute of how to measure the day; some count the day from Olot HaShachar until [[Tzet HaKochavim]] (Magen Avraham) <ref>Many authorities holds that the halachic hours in the day are considered from Olot including: Sh”t Trumat HaDeshen 1, Levush 267, Minchat Cohen (Mevoh Shemesh 2:6) in name of Tosfot Ramban and Rashba, Bach (431), Taz 433, Pri [[Chadash]] 443, Magen Avraham 58:1, 433:3, Eliyah Raba 58:2, Mizbe’ach Adama 4a, Mikraeh Kodesh 158b, Mateh Yehuda 433, Sh”t Chaim Shal 2:38(70), Tov Ayin 18:38, Sh”t Teshuva MaAhava 1:25, Shalmei Tzibbur 93c, Chesed Alafim 58:5, Chaye Adam 21:3,27:1, Kitzur Shulchan Aruch 17:1, Magen Giborim (Shiltei Hagiborim 58:3), and Rav Poalim O”C 2:2. </ref>, and some count it from [[HaNetz]] until [[Shekiah]] (Gra).<ref>Many authorities hold that the halachic hours of the day are considered to begin from [[HaNetz]] incluing: Rambam’s Sh”t Pear Hadar 44 (as understood by Halacha Brurah (Shaar Tzion 58:17), Rav Chaim Drok (Noam 9 pg 235), and Orot Chaim 320 against the Yetsiat Mitzmayim (Sefaka Deyoa pg 115)), Siddur Rav Sadyah Goan pg 12, Minchat Cohen Mevoh Hashemesh 2:6 in name of Goanim, Rambam, Rabbenu Yonah, Hagahot Maimon, and Mordechai (Pri [[Chadash]] rejects his proofs), Shiltei Hagiborim on the Mordechai ([[Brachot]] 4:3) (as understood by Magen Avraham 233:3, Shaar Tzion 233:10, and Kaf HaChaim 233:7), Levush (233:1,267), Shaarei Knesset Hagedolah 58:8, Tosfot [[Yom Tov]] (Pesachim 2:3), and Biur HaGra 459:2.</ref>
##According to Sephardim, regarding Deoritta laws (including [[Kriyat Shema]]) one should be strict for the opinion of the Magen Avraham. <ref>In conclusion, Minchat Cohen (Mevoh Hashemesh 2:9), Erech HaShulchan 433, Halichot Olam (vol 1, Vaera 3), and Yalkut Yosef (vol 1, pg 98) write that one should be strict for the opinion of the Magen Avraham for Deoritta issues, for example [[Kriyat Shema]]. </ref>
##Among Ashkenazim, some are strict to hold like the Magen Avraham, unless there is an serious need, in which case one may hold like the Gra. <ref>Rabbi Yechiel Michel Tukachinsky in Sefer Eretz Yisrael (pg 18#3) writes that the minhag of [[Israel]] is to follow the magen avraham and only under pressure may one rely on the Gra.</ref> However, some are lenient to rely on the Gra. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 77-79) says that many follow the opinion of the Gra in calculating the time for Sof [[Kriyat Shema]]. </ref>

===Olot HaShachar===

#Many rishonim hold that [[Olot HaShachar]] is 72 minutes before sunrise on a "perfect day" (when sunrise and sunset are exactly 12 hours apart) in Jerusalem which is equivalent to when the sun is 16 degrees below the horizon for everywhere in the world, however, others hold that [[Olot HaShachar]] is 90 minutes on a perfect day which is 19.78 degrees below the horizon. <ref>*The Rosh (Brachot 4:1) writes that Olot for the korban tamid and Shacharit is after the rays of the sun begin to show and also the Eastern part of the sky began to become light. This is also the opinion of the Rabbenu Yerucham cited by Bet Yosef 89:1. Shulchan Aruch 89:1 codifies their opinion. Magen Avraham 89:3 argues that many rishonim hold that Olot is once the rays of the sun begin to show even though the Eastern part of the sky isn't light. Torat Yoma 28a siman 11 writes that the Rambam Pirush Mishnayot Yoma 3:1 and Ritva Yoma 28a hold like the Rosh and Rabbenu Yerucham, while Rashi sides with the Magen Avraham. Practically, the Mishna Brurah (Biur Halacha 89:1 s.v. v'im) writes that one shouldn't be lenient for the Magen Avraham as the Eliya Rabba, Mateh Yehuda, and Gra argue with the Magen Avraham. Therefore, Olot is once the rays of the sun began to show and also the Eastern part of the sky became light.
*Sefer Zmanim KeHilchatam (Rabbi Berstein, pg 347) writes that 72 minutes on a perfect day in Jerusalem is equal to when the sun is 16 degrees below the horizon and 90 minutes is equal to 19.78 degrees below the horizon. He personally rules that one should be strict for both of these opinions for Deoritta halachas and those derabbanan halachas where safek is lechumra. He tries to prove that this is the opinion of the Mishna Brurah (92:3, Beiur Halacha 163:1 s.v. Berachok). However, he totally rejects the opinion that [[Olot HaShachar]] is 120 minutes before sunrise. [It is noteworthy that astronomical dawn is the time when the Sun is at 18 degrees below the horizon and before then the sky is absolutely dark ([timeanddate.com https://www.timeanddate.com/astronomy/different-types-twilight.html]).]
*He also quotes Rabbi Tukachinsky who held like the opinion of 90 minutes.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 65-7) says that we assume that [[Olot HaShachar]] depends on degrees below horizon and the specific times vary according to one’s location. Similarly, [http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 19-21) mentioned in passing that [[Olot HaShachar]] is assumed to be 72 minutes before sunrise, varying according to the longitude and latitude.</ref>
# According to Sepharadim, Alot HaShachar is 72 minutes before sunrise.<ref> Yalkut Yosef, Kitzur Shulchan Aruch, Siman 58, Seif 3. </ref> These minutes are proportional to the length of the day.<ref> Yalkut Yosef, Pesuke DeZimra and Keriat Shema, pages 432-433 based on Rambam, Perush Mishnayot, Masechet Berachot, Perek 1.</ref>

===MeSheyakir===

#There is a wide range of opinions precisely when Misheyakir occurs in Jerusalem on a perfect day, when there is exactly 12 daylight hours and every seasonal hour consists of 60 minutes. The three opinions include: 35 minutes before sunrise,<ref>Rav Moshe Feinstein in Le-Torah ve-Hora'ah Vol. 3:7 and in Iggeros Moshe OC 4:6 holds of 35 minutes. Rav Yaakov Kamenetsky in Emes liyaakov OC 58:1 rules that it is 36 minutes before sunrise. Zmanei Halacha LeMaaseh (pg 19) holds of 40 minutes before sunrise. </ref> 60 minutes before sunrise,<ref>Rav Tukaczinsky in Sefer Eretz Yisrael 1:4 (pg 18), Kaf HaChaim 18:18, Sh"t Binyan Tzion 2:16 hold of 60 minutes before sunrise. Nivreshet (vol 1, pg 43) holds of 52 minutes.</ref> and 66 minutes before sunrise.<ref>Rav Ovadya Yoseh in Yechave Daat 2:8</ref>
#The various opinions would then have to be extrapolated according to the region of the world and time of year.<ref>*There are two factors at work here: First, the processes of daybreak and nightfall occur faster at places near the equator than places further away from the equator. Second, the speed of these processes are also affected by the seasons.
*A common solution would be to use seasonal minutes. In order to calculate a seasonal hour, one would need to add up all the daytime minutes and then divide by 12 to get the number of minutes that are in each seasonal hour. For instance, if there were 11 hours of daylight, each seasonal hour would consist of 55 minutes. To further complicate matters, there are two ways of counting the daytime minutes: The Magen Avraham counts from dawn until nightfall with the emergence of 3 stars, whereas the Gra counts from sunrise to sunset.
*Another means for calculation, which has only recently been implemented, is to compare the level of brightness by using the relative position of the sun. For instance, it has been determined that 60 minutes before sunrise on a perfect day in Jerusalem the sun is 12.9 degrees below the horizon. Therefore, if one wanted to find the equivalent time anywhere in the world during any season, he would simply determine at what time the sun will be 12.9 degrees below the horizon in that locale on that day and that would be the extrapolated Meshiyakir.</ref> Thus, according to the commonly accepted opinion that Meshiyakir is between 50 and 60 minutes before sunrise in Jerusalem - In New York, depending on the time of the year, it could be anywhere from 56-73 minutes before sunrise.<ref>MyZmanim.com. These figures are determined using MyZmanim’s earliest published position of 11.5 degrees below the horizon. Unfortunately, MyZmanim.com only offers calculations based upon 10.2 degrees, 11 degrees, and 11.5 degrees but not 12.9 degrees. It is unfortunate because 12.9 degrees correlates to Rav Tukaczinsky’s 60 minutes before sunrise which, although is a very lenient position is also well collaborated and accepted.

*[http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 21-23) mentions in passing that [[MeSheYakir]] is about 40 or 50 minutes before sunrise.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 68-70) says that Rav Moshe held [[MeSheYakir]] is between 35-40 minutes before sunrise and seems to agree with him, although he mentions that some say it’s 55 minutes before sunrise.</ref>

===HaNetz HaChama (Sunrise)===

#[[HaNetz HaChama]] is sunrise which is halachically the same as the astronomical calculation of sunrise.<ref>*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunrise is the same as the sunrise calculated by the naval observatory which is when the sun begins to rise. Halacha Brurah 58:7 proves that netz is astronomical sunrise when the upper edge of the sun is on the horizon as opposed to the opinion of the Divrei Dovid 36 and Ben Ish Chai Vayishlach no. 4 that it is 2.6 minutes earlier.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 72-77) says that sunset should be determined as though the mountains to the east and west are at sea level and do not block the visibility of the sun. However, the elevation of the place one is currently located is taken into consideration and if one is in a valley the sunset is a little later (less than 5 minutes) than what would have been visible. Yet, he adds, that most opinions hold that regarding sunrise both one’s location’s elevation and surrounding mountains are taken into consideration.</ref> This is the standard time printed for netz such as on myzmanim.com.

===Chatzot===

#[[Chatzot]] is midday and midnight, always separated by 12 hours.<ref>Mishna Brurah 1:9 writes that [[chatzot]] at night is always 12 hours after [[chatzot]] of day for any place in the world.</ref>

===Mincha Gedola===

#Mincha Gedola is six and a half halachic hours (Shaot Zmaniot) after sunrise.<ref>Rashi (Pesachim 107a s.v. mincha gedola), Rambam (Tefillah 3:2)</ref>

===Mincha Ketana===

#Mincha Ketana is nine and a half halachic hours (Shaot Zmaniot) after sunrise.<ref>Rashi (Pesachim 107b s.v. oh), Rambam (Tefillah 3:2)</ref>

===Shekiyah (Sunset)===

#[[Shekiyah]] is sunset which, in general, is halachically the same as the astronomical calculation of sunset. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunset is the same as the sunset calculated by the naval observatory which is when the sun has completely set. </ref>

===Tzet HaKochavim (Emergence of the stars)===

#There's a major dispute when Tzet HaKochavim is: Rabbenu Tam assumes that it's about 72 minutes after [[Shekiyah]] and the Gra assumes that it's three quarters of a [[mil]] after [[Shekiyah]], varying according to one's location. <ref>Rabbi Hershel Schachter on [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha# yutorah.org (min 43-5)] explains that many practice like the Gra regarding Tzet HaKochavim on [[Motzei Shabbat]]. See Biur HaGra and Mishna Brurah 261. Pri Megadim assumes that according to Rabbenu Tam, 72 minutes is a fixed time, but Mishna Brurah writes that it varies according to one's location.</ref>

===Bein HaShemashot===

#[[Bein HaShemashot]] is the time period between certain daytime and certain nighttime. In many halachot, it is considered a ''safek,'' or doubt, whether it is considered day or night and has many practical ramifications. There is a major dispute regarding the length of this period. <ref>*'''(1) Gemara [[Shabbat]]''' 34b says [[Bein HaShemashot]] is considered as a doubt whether it is considered daytime or nighttime. When is [[Bein HaShemashot]]? Rabbi Yehuda says that [[Bein HaShemashot]] starts from [[Shekiyah]] and concludes when the entire ball of the sun has set. Rabbi Yose, however, says that [[Bein HaShemashot]] is as short as the blink of an eye, though R. Yose also agrees that there is a doubt (Tosfot 34b s.v. Rabbi Yose). R. Nechemya says that it is from [[Shekiyah]] and lasts the length of time it takes to walk a half [[mil]]. [Note, a mil is 2000 amot (see above).]
*'''Explanation of Rabbi Yehuda's opinion:''' Rabba explains Rabbi Yehuda as saying that [[Bein HaShemashot]] starts from [[Shekiyah]] even though the sky is still red, while Rav Yosef says [[Bein HaShemashot]] starts from when the sun already set. It follows, says the Gemara, that according to Rabba the span of [[Bein HaShemashot]] is 3/4 of a [[mil]] and according to Rav Yosef [[Bein HaShemashot]] is 2/3 of a [[mil]].
*'''Who do we follow, Rabba or Rav Yosef, in explaining Rabbi Yehuda?''' The Rif (15a) writes that since it is unclear whether halacha follows Rav Yosef or Rabba, one should be strict to follow Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Then he says that it seems halacha should follow Rabba because halacha always follows Rabba with three exceptions and this isn't one of them. Similarly, Rambam ([[Shabbat]] 5:4) rules like Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Rabbenu Yonah (quoted by Rosh [[Shabbat]] 2:23) argues that since they're not arguing about which logic is correct but about what Rav Yehuda said the halacha follows both Rabba and Rav Yosef, whichever way will be a stringency. Therefore, in context of [[accepting Shabbat]], Rama 261:1 rules like Rabba that [[Bein HaShemashot]] is 3/4 of a [[mil]].
*'''Explanation of Rabbi Yose's opinion:''' Shmuel ([[Shabbat]] 35a) says that Rav Yose’s concept of [[Bein HaShemashot]] takes place after the [[Bein HaShemashot]] already finished. Tosfot ([[Shabbat]] 34b s.v. Rabbi Yose) explains that even according to Rabbi Yose there’s a window of time when there is an uncertainty whether it is day or night but it isn’t as long as it is for Rabbi Yehuda. Rosh (Shabbat 2:23) discusses whether Rabbi Yose's [[Bein HaShemashot]] begins immediately after Rabbi Yehuda's or a while afterwards and doesn't come to a clear conclusion. Rashi to 35a s.v. Bein HaShemashot DeRabbi Yose seems to hold that it is right after R. Yehuda's period.
*'''Who does the halacha follow? Rabbi Yehuda or Rabbi Yose''' The Briatta ([[Shabbat]] 34b) says that in regards to practical ramifications [[Bein HaShemashot]] is always considered day as a stringency and night as a stringency. Rif ([[Shabbat]] 14b) and Rambam ([[Shabbat]] 5:4) codify this Briatta. Shulchan Aruch 261:1 rules that during [[Bein HaShemashot]] one may not do anything one may not do on [[Shabbat]] with some exceptions (see there). Therefore, Rabbi Yochanan ([[Shabbat]] 35a) says that we follow Rabbi Yehuda regarding [[Shabbat]] as a stringency and Rabbi Yose regarding Trumah as a stringency. Rif (15a) and Rosh 2:23 codify Rabbi Yochanan as halacha.
*'''(2) Gemara Pesachim''' 94a records Rabbi Yochanan's statement that an average person can walk 30 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and 5 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]] (according to Rashi s.v. Ovav). The Gemara challenges this and explains really an average person can walk 32 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and only 4 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]].
*'''The opinion of Rabbenu Tam:''' Tosfot (Pesachim 94a s.v. Rabbi Yehuda and [[Shabbat]] 35a s.v. Trei) is bothered how the Gemara [[Shabbat]] seems to say that from [[Shekiyah]] until [[Tzet HaKochavim]] a person can walk 3/4 of a [[mil]] (according to the Rabba) and the Gemara Pesachim says a person can walk 4 [[mil]]. Rabbenu Tam answers that the Gemara [[Shabbat]] was referring to the end of the [[Shekiyah]] and from then until [[Tzet HaKochavim]] is 3/4 of a [[mil]], while the Gemara Pesachim is discussing the beginning of [[Shekiyah]] which takes 4 [[mil]] until [[Tzet HaKochavim]]. Ramban (cited by [[Maggid]] Mishna), [[Maggid]] Mishna ([[Shabbat]] 5:4), and Ran ([[Shabbat]] 15a) agree. The Ran ([[Shabbat]] 15a) explains that according to Rabbenu Tam there's two Shekiyot. After the first it is still considered daytime until 3.25 [[mil]] after the beginning of the [[Shekiyah]]. [[Bein HaShemashot]], which is uncertain day or night, spans 3/4 of a [[mil]] and begins from the beginning of the second [[Shekiyah]]. See Beiur Halacha 261 s.v. Metechila who explains that the first [[Shekiyah]] is when the sun sets from our vision, and the second [[Shekiyah]] is when the light from the sun leaves the sky.
*'''Does halacha follow Rabbenu Tam?''' The Shulchan Aruch 261:2 rules in accordance with Rabbenu Tam and states that from the beginning of the [[Shekiyah]] until [[Bein HaShemashot]] there's 3.25 [[mil]] and then [[Bein HaShemashot]] itself is .75 of a [[mil]], which is equivalent to the time it takes to walk 1500 [[amot]]. Beiur Halacha 261 s.v. Metechila writes that for sure one should be strict for the Gra not to do any melacha after sunset.
*'''(3) Shmuel's opinion:''' Then, Shmuel ([[Shabbat]] 35b) says that [[Bein HaShemashot]] is as long as two stars are seen in the sky, but if there’s only one star, it’s day, and if it’s three, then it’s night. The Gemara then clarifies that the stars which were discussed are medium size stars. Similarly, the Yerushalmi ([[Brachot]], cited by Ran 15a) says that [[Shabbat]] concludes when three stars can be seen in one area and not spread out. The Rambam ([[Shabbat]] 5:4) rules like Shmuel that when three medium size stars are seen it is certain nighttime. The Kesef Mishna ([[Shabbat]] 5:4) is bothered why the Rambam said that [[Bein HaShemashot]] begins from [[Shekiyah]] and ends when three stars are seen, choosing the opinion of Rabba for the beginning of [[Bein HaShemashot]] and Shmuel for the end of [[Bein HaShemashot]]. He answers that really Rabba and Shmuel agree and just describe it differently. This may also be the intent of the Rif (15a) and Rosh 2:23 who say that halacha follows Rabba as a stringency and also quote Shmuel without anyone arguing. See Or Letzion Vol. 1 YD 1:10 who offers a novel interpretation of the opinion of the Rambam that he holds like Rabbi Yose (see there for the halachic implications). See also Beur Halacha 416 who paskens like Rabbi Yose MeIkar HaDin, as well, and Chazon Ovadia Shabbat Vol. 1 pp. 264.</ref>
#The Gemara rules that if one does a Melacha on [[Shabbos]] for the duration of Bein Hashemashos on Friday evening and Saturday evening, one has certainly violated [[Shabbos]], and must bring a sin-offering. <ref>[[Shabbos]] 35b, Rambam (Hilchot [[Shabbos]] 5:4). This is because if one treats [[Bein Hashemashot]] as day, one broke [[Shabbos]] on Saturday evening. If one treats [[Bein Hashemashot]] as night, one violated [[Shabbos]] on Friday evening. </ref>
#Therefore, one cannot perform Melacha during [[Bein Hashemashot]]. <ref>Mishnah [[Shabbos]] 34b </ref>

==Miscellaneous==
===Toch Kedei Dibbur===

#[[Kedei Dibbur]] is the time it takes to say Shalom Alecha Rebbe. <ref>Kitzur Shulchan Aruch (Klalim s.v. Kedei)</ref>
#[[Toch Kedei Dibbur]] is less than the time it takes to say Shalom Alecha Rebbe.<ref>Kitzur Shulchan Aruch (Klalim s.v. Kedei)</ref>

===Kdei Aniva===

#There are several opinions about how long Kdei Aniva is, however, one doesn't need to be strict to consider it to be longer than 2 gudalin. <ref>How long is kdei aniva? There’s several opinions about this topic:

*Smag- long enough to loop around all the rest of the 7 strings.
*Chayei Adam, Kitzur Shulchan Aruch 9:13- 4 gudalin, Beiur Halacha: 2 gudalin, Eliya Rabba (paskening like Rif and Rosh)- long enough to loop around just 1 string (very short).
*The Beiur Halacha concludes that there’s no need to be strict for more than 2 gudalin. And he says if you have no choice, you can rely on the Eliya Rabba. see [http://ph.yhb.org.il/07-08-11/ Peninei Halacha]</ref>
#How long is the shiur of 2 godlin in practical terms? Chazon Ish : 5 cm, Rav Chaim Naeh: 4 cm. Rav Mordechai Eliyahu (comments to Kitzur 9:13) writes that Kedi Anivah is 4 cm.

===Yad Soledet Bo===

#For purposes of cooking on Shabbat and Kashrut, Yad Soledet Bo is certainly hotter than 113 degrees Fahrenheit. <ref>Shemirat Shabbat Kehilchata (ch. 1, note 3), Badei Hashulchan 92:151</ref> Others are concerned for anything over 110 degrees Fahrenheit and over 160 degrees is certainly yad soledet bo. <ref>Igrot Moshe (OC 4:74 Bishul no. 3), The Laws of Kashrut p. 111). [https://www.yutorah.org/sidebar/lecture.cfm/788227/rabbi-hershel-schachter/kashrus-in-the-home/ Rav Hershel Schachter ("Kashrus in the Home" 2012, about min 30)] quotes Rav Soloveitchik that yad soledet bo is at least 140 degrees and no more than 160 degrees.</ref>

==Links==

*[http://www.yutorah.org/lectures/lecture.cfm/763395/Rabbi_Michael_Taubes/_Parshas_Eikev_How_Big_is_a_Kezayis_ How Big is a Kezayis] by Rabbi Michael Taubes

==Sources==
<references />
[[Category:Brachot]]

Reference of Measurements in Halacha

2019-08-02T00:50:25Z

Ezralevy: /* Olot HaShachar */

[[Image:Measuring Tools.png|200px|right]]
There are many different [[measurements]] used in the Torah and classical Rabbinic Seforim, which are important for daily living. An example is the specific amount of wine that [[Kiddush]] is made on: One [[Revi'it]]. If one doesn't know how much a [[Revi'it]] is, how can one fulfill the Mitzvah properly?
The modern day equivalents for many Hebrew [[measurements]] are discussed below.
In addition, discussed below are many Halachic times which also matter for everyday use.
==Food or Drink==
===Kezayit===

#According to Ashkenazim, all sizes are measured in volume and not weight.<ref>Mishna Brurah 456:3, Vezot HaBracha (pg 6) </ref> However, according to Sephardim the actual halacha is that measures are in volume but the minhag is to follow the measures in weight. <ref>See Yalkut Yosef (Klalei [[Brachot]] pg 195-202) who discusses this at length. However, see Or Letzion (Vol. 3, Introduction) who argues that the custom to use weight is only for foods which have similar density to water, but for other foods (like Matza) one would use volume. Halacha Brurah 210:2 rules that the kezayit is measured by volume and not weight. See Otzrot Yosef 8:9. </ref>
#There’s a dispute in the Rishonim whether the [[Kezayit]] (olive size) is a half or third of a [[KeBaytzah]] (egg size), and regarding [[Bracha Achrona]] and Deoritta Mitzvot, the halacha follows the opinion that a [[Kezayit]] is half a KeBeytzah. <ref>*Mishna Brurah 486:1 writes that the Tosfot holds a [[Kezayit]] is half of a KeBeitzah with the shell and the Rambam holds it is a third of a KeBeitzah (see Tosfot (Yoma 80b s.v. Agav), Rambam (Eiruvin 1:9)). S”A 486 rules like Tosfot. Rav Avraham Chaim Noeh (Shiurei Torah 3:12) argues that Tosfot holds half a KeBeitzah without the shell.
*What's the halacha? Mishna Brurah 486:1 rules that for Deoritta Mitzvot and [[Bracha Achrona]], one should eat the size of half a KeBeitzah, but for Derabbanan Mitzvot, one third suffices. He adds that since one has to make a Bracha on [[maror]], one should eat half a KeBeitzah.
*Chazon Ish 39:17 decided that we could be lenient like the Rambam. see below for an exact amount according to Chazon Ish</ref>
#According to Rav Chaim Noeh, the [[Kezayit]] for Deoritta measures (eating [[Matzah]]) and [[Bracha Achrona]] is 27cc. The Chazon Ish’s opinion is that the [[Kezayit]] is 33.3 grams (1.3 oz). <ref>*The Tzlach (Pesachim 116b) holds that the modern day eggs are half the size of those in the days of Chazal. However, Rav Noeh (Shiurei Torah Shaar 3) argues that the modern day eggs have not changed from the days of Chazal. Mishna Brurah 486:1 writes that for the mitzvah deoraitta of [[matza]], one should follow the stringent view of the Tzlach. see Rav Shlomo Wahrman (Orot Haesach 28) who explains why there is no need to say that the eggs have shrunk since the times of the Gemara. see also Maaseh Rav 74, where it says that the Gra accepted the position of the Tzlach.
*Practically, how much is a [[Kezayit]]?
**(1) Rav Chaim Noeh in Shiurei Torah (3:11, pg 191, 5707) writes that for Deoritta Mitzvot one should eat 28.8cc, however, in Shiurei Tzion (p. 70, 5709) he writes that it is 27cc. Vezot HaBracha (Birur Halacha 1) explains that Rav Chaim Noeh retracted from his original ruling.
**(2) Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) quotes the Chazon Ish that a [[Kezayit]] is 2/3 of a modern egg and an egg can possibly be up to 55cc. Therefore, Vezot HaBracha (Birur Halacha 1) writes that the Chazon Ish holds that 33.3cc is a [[Kezayit]]. The Chazon Ish's opinion of [[Kezayit]] is partially based on the opinion of the Tzlach. see also Chazon Ish in Hilchot [[Shabbat]] 39.
**(3) Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Kezayit]] is 31.2cc. [However, Rabbi Bodner in Halachos of K’zayis (p. 24) writes that Rav Dovid Feinstein told him that Rav Moshe never measured the eggs himself and it was his student who calculated 1.1oz, but that if his calculations were more precise he should use those. Therefore, Rabbi Bodner rules, based on his own calculations, that a [[Kezayit]] is 27.2cc.]
**(4) Rav Mordechai Willig ([http://www.yutorah.org/lectures/lecture.cfm/760487/Rabbi_Mordechai_I_Willig/How_Much_Matza_Do_You_Need_to_Eat Pesach To-Go, Nisan 5771], p. 60) is of the opinion that the size in volume of a kezayis is 22.5 cubic centimeters.
</ref>
##The minhag of the world and many other authorities is to follow Rav Chaim Noeh’s opinion. <ref>Vezot HaBracha (pg 6, Birur 1, pg 221) quotes Rav Elyashiv and Rav Shlomo Zalman saying that for [[Bracha Achrona]] the widely accepted measurement of the [[Kezayit]] is according to Rav Chaim Noeh. Vezot HaBracha also mentions that such is the minhag of the world. </ref>
#If one ate between a third and a half a [[KeBaytzah]] one should not make a Bracha achrona because of safek [[Brachot]]. Therefore, one should have less than a third and not make a Bracha achrona or more than a half and make a Bracha achrona. <ref>Mishna Brurah 486:1 </ref>
#On Mitzvot Deoritta such as eating [[Matzah]] one must be strict to hold a [[Kezayit]] is a half a [[KeBaytzah]]. However, regarding מצות Derabbanan it’s preferable to hold that a [[Kezayit]] is a half a kebaytzah, however, one may rely on the opinion that a [[Kezayit]] is a third a kebaytzah. <ref>Mishna Brurah 486:1 </ref>
#One needs to make sure that he does not count air in the food as part of the shiur of kezayis. If one has a food that is hollow, a kezayis of that food is considered when the food would be pressed.<ref>Rama 486:1 </ref>

===Kedi Achilat Pras===

#See [[Kedi Achilat Pras]] (the time in which a [[Kezayit]] is considered eaten together)

===KeBaytzah===

#According to Rav Chaim Noeh, the KeBaytzah is 55cc, and according to the Chazon Ish, it is 100cc. <ref>Vezot HaBracha pg 6 </ref>

===Revi'it===

#A Reviyit is a [[KeBaytzah]] and a half.<ref>Mishna Brurah 486:1 </ref> Therefore, Rav Chaim Noeh holds that the [[Reviyit]] is 86 grams (3 oz),<ref>Shiurei Tzion (p. 69)</ref> the Chazon Ish holds that the [[Reviyit]] is 150 grams (5.3 oz).<ref>Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) according to the rulings of the Chazon Ish </ref>, and some quote Rav Moshe as saying the Revi'it is 3.3 oz. <ref>Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Reviyit]] is 3.3 oz.</ref>
#With regards to drinking [[the four cups of wine]], see the [[Required Amount of Matzah and Wine for the Seder]] page.

===Kedei Shtiyat Reviyit===

#See Kedei Shtiyat Revi'it (the time in which a Revi'it is considered drunk together).

==Length==
===Amah, Tefach, Etzbah===
{| class="wikitable sortable"
!
!Amah
!Tefach
!Etzbah
|-
|Rav Moshe Feinstein<ref>Sh”t Igrot Moshe O”C 1:136. writes that the [[Amah]] is 21.25 inches and one can be strict to hold that it is 23 inches. Similarly, the Aruch Hashulchan YD 286:21 writes that 4 amot is one Russian ''sazhen'' which is the equivalent of 7 feet (see [https://en.wikipedia.org/wiki/Obsolete_Russian_units_of_measurement Wikipedia's page on Russian measurements]) meaning that the amah is 21 inches. [https://asif.co.il/download/kitvey-et/kol/kol-30/1-29.pdf Dr. Gideon Freedman in Kol Bramah v. 4 p. 229] proves that the Aruch Hashulchan YD 201:3 and Mishna Brurah 358:7 both hold that the amah is 21 inches. The Aruch Hashulchan says that an amah is three quarters of a arshin and an arshin is 71.12 cm. The Mishna Brurah ties 53 russian arshins to 70.83 amot. See there for the calculations.</ref>
|21.25 in. (53.98 cm)
|3.54 in. (9.00 cm)
|0.89 in. (2.25 cm)
|-
|Rav Chaim Noeh<ref>Shiurei Torah (by Rav Chaim Noeh, Siman 3 Seif 25 pg 249) </ref>
|18.90 in. (48 cm)
|3.15 in. (8 cm)
|0.79 in. (2 cm)
|-
|Chazon Ish<ref>Shiurin shel Torah (pg 3) by the Steipler quoting the Chazon Ish but admitting that these are approximate measures because of the need to publicize the measures but not an accurate calculation. </ref>
|24 in. (60.96 cm)
|4 in. (10.16 cm)
|1 in. (2.54 cm)
|}

===Mil===

#When [[Mil]] is given in terms of time, some consider it 18 minutes, some 22.5 minutes, and some 24 minutes. <ref>Shulchan Aruch 459:2 writes that the [[mil]] is 18 minutes. Rama 261:1 agrees. Beiur Halacha 459:2 s.v. Haviy quotes some who consider it 22.5 minutes and others who say that it is 24 minutes.</ref>
#When [[Mil]] is given in terms of distance it is equal to 2000 [[Amot]]. <ref>Rashi Yoma 67a s.v. shivah and Tosfot Shabbat 34b s.v. safek write that a mil is 2000 amot. Shulchan Aruch 261:2 writes that 3/4 of a [[mil]] is equal to 1500 [[amot]], implying a [[mil]] is 2000 [[amot]]. [http://www.yeshiva.org.il/midrash/shiur.asp?id=15883#3b Rabbi Melamed on yeshiva.org.il] writes that a [[mil]] is 2000 [[amot]].</ref>

==Money==
===Prutah===

#A [[prutah]] is 1/40 of a gram of silver (which is about a few cents). However, the [[prutah]] with regards to the mitzvah of returning a lost object is discussed [[Returning_Lost_Objects#Worth_a_Prutah| here]]. <ref>S”A CM 88:1 says a [[prutah]] is a half of a pearl of barley. Shiurei Torah (Rav Chaim Noeh pg 177) and Shiurei HaMitzvot (Chazon Ish pg 65) say a [[prutah]] is 1/40 of a gram of silver (which currently is about 2.3 cents). Halachos of [[Chanukah]] (Rabbi Shimon Eider, pg 38) quotes Rav Moshe Feinstein saying that a [[prutah]] is 2 or 3 cents and not just one penny. See Halachos of Other People’s Money (Rabbi Bodner pg 150) who quotes Rav Moshe regarding a [[prutah]] for the mitzvah of returning a lost object. </ref>

===Asara Zehuvim===

#If someone steals someone else's mitzvah they should pay them the 10 zehuvim, which is equal to 1200 grams of silver (roughly $650 but varies).<ref>Rav Chaim Noeh (Shiurei Torah p. 379 ch. 3 n. 45) writes that the 10 zehuvim are equal to 250 silver dinar which are 1200 grams of silver.</ref>

==Time==
===Shaot Zmaniot===

#[[Shaot Zmaniot]] are halachic hours which are calculated by dividing the daytime hours into 12. There’s a dispute of how to measure the day; some count the day from Olot HaShachar until [[Tzet HaKochavim]] (Magen Avraham) <ref>Many authorities holds that the halachic hours in the day are considered from Olot including: Sh”t Trumat HaDeshen 1, Levush 267, Minchat Cohen (Mevoh Shemesh 2:6) in name of Tosfot Ramban and Rashba, Bach (431), Taz 433, Pri [[Chadash]] 443, Magen Avraham 58:1, 433:3, Eliyah Raba 58:2, Mizbe’ach Adama 4a, Mikraeh Kodesh 158b, Mateh Yehuda 433, Sh”t Chaim Shal 2:38(70), Tov Ayin 18:38, Sh”t Teshuva MaAhava 1:25, Shalmei Tzibbur 93c, Chesed Alafim 58:5, Chaye Adam 21:3,27:1, Kitzur Shulchan Aruch 17:1, Magen Giborim (Shiltei Hagiborim 58:3), and Rav Poalim O”C 2:2. </ref>, and some count it from [[HaNetz]] until [[Shekiah]] (Gra).<ref>Many authorities hold that the halachic hours of the day are considered to begin from [[HaNetz]] incluing: Rambam’s Sh”t Pear Hadar 44 (as understood by Halacha Brurah (Shaar Tzion 58:17), Rav Chaim Drok (Noam 9 pg 235), and Orot Chaim 320 against the Yetsiat Mitzmayim (Sefaka Deyoa pg 115)), Siddur Rav Sadyah Goan pg 12, Minchat Cohen Mevoh Hashemesh 2:6 in name of Goanim, Rambam, Rabbenu Yonah, Hagahot Maimon, and Mordechai (Pri [[Chadash]] rejects his proofs), Shiltei Hagiborim on the Mordechai ([[Brachot]] 4:3) (as understood by Magen Avraham 233:3, Shaar Tzion 233:10, and Kaf HaChaim 233:7), Levush (233:1,267), Shaarei Knesset Hagedolah 58:8, Tosfot [[Yom Tov]] (Pesachim 2:3), and Biur HaGra 459:2.</ref>
##According to Sephardim, regarding Deoritta laws (including [[Kriyat Shema]]) one should be strict for the opinion of the Magen Avraham. <ref>In conclusion, Minchat Cohen (Mevoh Hashemesh 2:9), Erech HaShulchan 433, Halichot Olam (vol 1, Vaera 3), and Yalkut Yosef (vol 1, pg 98) write that one should be strict for the opinion of the Magen Avraham for Deoritta issues, for example [[Kriyat Shema]]. </ref>
##Among Ashkenazim, some are strict to hold like the Magen Avraham, unless there is an serious need, in which case one may hold like the Gra. <ref>Rabbi Yechiel Michel Tukachinsky in Sefer Eretz Yisrael (pg 18#3) writes that the minhag of [[Israel]] is to follow the magen avraham and only under pressure may one rely on the Gra.</ref> However, some are lenient to rely on the Gra. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 77-79) says that many follow the opinion of the Gra in calculating the time for Sof [[Kriyat Shema]]. </ref>

===Olot HaShachar===

#Many rishonim hold that [[Olot HaShachar]] is 72 minutes before sunrise on a "perfect day" (when sunrise and sunset are exactly 12 hours apart) in Jerusalem which is equivalent to when the sun is 16 degrees below the horizon for everywhere in the world, however, others hold that [[Olot HaShachar]] is 90 minutes on a perfect day which is 19.78 degrees below the horizon. <ref>*The Rosh (Brachot 4:1) writes that Olot for the korban tamid and Shacharit is after the rays of the sun begin to show and also the Eastern part of the sky began to become light. This is also the opinion of the Rabbenu Yerucham cited by Bet Yosef 89:1. Shulchan Aruch 89:1 codifies their opinion. Magen Avraham 89:3 argues that many rishonim hold that Olot is once the rays of the sun begin to show even though the Eastern part of the sky isn't light. Torat Yoma 28a siman 11 writes that the Rambam Pirush Mishnayot Yoma 3:1 and Ritva Yoma 28a hold like the Rosh and Rabbenu Yerucham, while Rashi sides with the Magen Avraham. Practically, the Mishna Brurah (Biur Halacha 89:1 s.v. v'im) writes that one shouldn't be lenient for the Magen Avraham as the Eliya Rabba, Mateh Yehuda, and Gra argue with the Magen Avraham. Therefore, Olot is once the rays of the sun began to show and also the Eastern part of the sky became light.
*Sefer Zmanim KeHilchatam (Rabbi Berstein, pg 347) writes that 72 minutes on a perfect day in Jerusalem is equal to when the sun is 16 degrees below the horizon and 90 minutes is equal to 19.78 degrees below the horizon. He personally rules that one should be strict for both of these opinions for Deoritta halachas and those derabbanan halachas where safek is lechumra. He tries to prove that this is the opinion of the Mishna Brurah (92:3, Beiur Halacha 163:1 s.v. Berachok). However, he totally rejects the opinion that [[Olot HaShachar]] is 120 minutes before sunrise. [It is noteworthy that astronomical dawn is the time when the Sun is at 18 degrees below the horizon and before then the sky is absolutely dark ([timeanddate.com https://www.timeanddate.com/astronomy/different-types-twilight.html]).]
*He also quotes Rabbi Tukachinsky who held like the opinion of 90 minutes.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 65-7) says that we assume that [[Olot HaShachar]] depends on degrees below horizon and the specific times vary according to one’s location. Similarly, [http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 19-21) mentioned in passing that [[Olot HaShachar]] is assumed to be 72 minutes before sunrise, varying according to the longitude and latitude.</ref>
# According to Sepharadim, Alot HaShachar is 72 minutes before sunrise.<ref> Yalkut Yosef, Kitzur Shulchan Aruch, Siman 58, Seif 3. </ref> These minutes are proportional to the length of the day.<ref> Yalkut Yosef, Pesuke DeZimra and Keriat Shema, pages 432-433 based on Rambam, Perush Mishnayot, Masechet Berachot, Perek 1 and Rambam, Pe'er HaDor, Siman 44. Rambam writes that Hazal are always referring to [[shaot zmaniot]] when they mention hours. </ref>

===MeSheyakir===

#There is a wide range of opinions precisely when Misheyakir occurs in Jerusalem on a perfect day, when there is exactly 12 daylight hours and every seasonal hour consists of 60 minutes. The three opinions include: 35 minutes before sunrise,<ref>Rav Moshe Feinstein in Le-Torah ve-Hora'ah Vol. 3:7 and in Iggeros Moshe OC 4:6 holds of 35 minutes. Rav Yaakov Kamenetsky in Emes liyaakov OC 58:1 rules that it is 36 minutes before sunrise. Zmanei Halacha LeMaaseh (pg 19) holds of 40 minutes before sunrise. </ref> 60 minutes before sunrise,<ref>Rav Tukaczinsky in Sefer Eretz Yisrael 1:4 (pg 18), Kaf HaChaim 18:18, Sh"t Binyan Tzion 2:16 hold of 60 minutes before sunrise. Nivreshet (vol 1, pg 43) holds of 52 minutes.</ref> and 66 minutes before sunrise.<ref>Rav Ovadya Yoseh in Yechave Daat 2:8</ref>
#The various opinions would then have to be extrapolated according to the region of the world and time of year.<ref>*There are two factors at work here: First, the processes of daybreak and nightfall occur faster at places near the equator than places further away from the equator. Second, the speed of these processes are also affected by the seasons.
*A common solution would be to use seasonal minutes. In order to calculate a seasonal hour, one would need to add up all the daytime minutes and then divide by 12 to get the number of minutes that are in each seasonal hour. For instance, if there were 11 hours of daylight, each seasonal hour would consist of 55 minutes. To further complicate matters, there are two ways of counting the daytime minutes: The Magen Avraham counts from dawn until nightfall with the emergence of 3 stars, whereas the Gra counts from sunrise to sunset.
*Another means for calculation, which has only recently been implemented, is to compare the level of brightness by using the relative position of the sun. For instance, it has been determined that 60 minutes before sunrise on a perfect day in Jerusalem the sun is 12.9 degrees below the horizon. Therefore, if one wanted to find the equivalent time anywhere in the world during any season, he would simply determine at what time the sun will be 12.9 degrees below the horizon in that locale on that day and that would be the extrapolated Meshiyakir.</ref> Thus, according to the commonly accepted opinion that Meshiyakir is between 50 and 60 minutes before sunrise in Jerusalem - In New York, depending on the time of the year, it could be anywhere from 56-73 minutes before sunrise.<ref>MyZmanim.com. These figures are determined using MyZmanim’s earliest published position of 11.5 degrees below the horizon. Unfortunately, MyZmanim.com only offers calculations based upon 10.2 degrees, 11 degrees, and 11.5 degrees but not 12.9 degrees. It is unfortunate because 12.9 degrees correlates to Rav Tukaczinsky’s 60 minutes before sunrise which, although is a very lenient position is also well collaborated and accepted.

*[http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 21-23) mentions in passing that [[MeSheYakir]] is about 40 or 50 minutes before sunrise.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 68-70) says that Rav Moshe held [[MeSheYakir]] is between 35-40 minutes before sunrise and seems to agree with him, although he mentions that some say it’s 55 minutes before sunrise.</ref>

===HaNetz HaChama (Sunrise)===

#[[HaNetz HaChama]] is sunrise which is halachically the same as the astronomical calculation of sunrise.<ref>*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunrise is the same as the sunrise calculated by the naval observatory which is when the sun begins to rise. Halacha Brurah 58:7 proves that netz is astronomical sunrise when the upper edge of the sun is on the horizon as opposed to the opinion of the Divrei Dovid 36 and Ben Ish Chai Vayishlach no. 4 that it is 2.6 minutes earlier.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 72-77) says that sunset should be determined as though the mountains to the east and west are at sea level and do not block the visibility of the sun. However, the elevation of the place one is currently located is taken into consideration and if one is in a valley the sunset is a little later (less than 5 minutes) than what would have been visible. Yet, he adds, that most opinions hold that regarding sunrise both one’s location’s elevation and surrounding mountains are taken into consideration.</ref> This is the standard time printed for netz such as on myzmanim.com.

===Chatzot===

#[[Chatzot]] is midday and midnight, always separated by 12 hours.<ref>Mishna Brurah 1:9 writes that [[chatzot]] at night is always 12 hours after [[chatzot]] of day for any place in the world.</ref>

===Mincha Gedola===

#Mincha Gedola is six and a half halachic hours (Shaot Zmaniot) after sunrise.<ref>Rashi (Pesachim 107a s.v. mincha gedola), Rambam (Tefillah 3:2)</ref>

===Mincha Ketana===

#Mincha Ketana is nine and a half halachic hours (Shaot Zmaniot) after sunrise.<ref>Rashi (Pesachim 107b s.v. oh), Rambam (Tefillah 3:2)</ref>

===Shekiyah (Sunset)===

#[[Shekiyah]] is sunset which, in general, is halachically the same as the astronomical calculation of sunset. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunset is the same as the sunset calculated by the naval observatory which is when the sun has completely set. </ref>

===Tzet HaKochavim (Emergence of the stars)===

#There's a major dispute when Tzet HaKochavim is: Rabbenu Tam assumes that it's about 72 minutes after [[Shekiyah]] and the Gra assumes that it's three quarters of a [[mil]] after [[Shekiyah]], varying according to one's location. <ref>Rabbi Hershel Schachter on [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha# yutorah.org (min 43-5)] explains that many practice like the Gra regarding Tzet HaKochavim on [[Motzei Shabbat]]. See Biur HaGra and Mishna Brurah 261. Pri Megadim assumes that according to Rabbenu Tam, 72 minutes is a fixed time, but Mishna Brurah writes that it varies according to one's location.</ref>

===Bein HaShemashot===

#[[Bein HaShemashot]] is the time period between certain daytime and certain nighttime. In many halachot, it is considered a ''safek,'' or doubt, whether it is considered day or night and has many practical ramifications. There is a major dispute regarding the length of this period. <ref>*'''(1) Gemara [[Shabbat]]''' 34b says [[Bein HaShemashot]] is considered as a doubt whether it is considered daytime or nighttime. When is [[Bein HaShemashot]]? Rabbi Yehuda says that [[Bein HaShemashot]] starts from [[Shekiyah]] and concludes when the entire ball of the sun has set. Rabbi Yose, however, says that [[Bein HaShemashot]] is as short as the blink of an eye, though R. Yose also agrees that there is a doubt (Tosfot 34b s.v. Rabbi Yose). R. Nechemya says that it is from [[Shekiyah]] and lasts the length of time it takes to walk a half [[mil]]. [Note, a mil is 2000 amot (see above).]
*'''Explanation of Rabbi Yehuda's opinion:''' Rabba explains Rabbi Yehuda as saying that [[Bein HaShemashot]] starts from [[Shekiyah]] even though the sky is still red, while Rav Yosef says [[Bein HaShemashot]] starts from when the sun already set. It follows, says the Gemara, that according to Rabba the span of [[Bein HaShemashot]] is 3/4 of a [[mil]] and according to Rav Yosef [[Bein HaShemashot]] is 2/3 of a [[mil]].
*'''Who do we follow, Rabba or Rav Yosef, in explaining Rabbi Yehuda?''' The Rif (15a) writes that since it is unclear whether halacha follows Rav Yosef or Rabba, one should be strict to follow Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Then he says that it seems halacha should follow Rabba because halacha always follows Rabba with three exceptions and this isn't one of them. Similarly, Rambam ([[Shabbat]] 5:4) rules like Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Rabbenu Yonah (quoted by Rosh [[Shabbat]] 2:23) argues that since they're not arguing about which logic is correct but about what Rav Yehuda said the halacha follows both Rabba and Rav Yosef, whichever way will be a stringency. Therefore, in context of [[accepting Shabbat]], Rama 261:1 rules like Rabba that [[Bein HaShemashot]] is 3/4 of a [[mil]].
*'''Explanation of Rabbi Yose's opinion:''' Shmuel ([[Shabbat]] 35a) says that Rav Yose’s concept of [[Bein HaShemashot]] takes place after the [[Bein HaShemashot]] already finished. Tosfot ([[Shabbat]] 34b s.v. Rabbi Yose) explains that even according to Rabbi Yose there’s a window of time when there is an uncertainty whether it is day or night but it isn’t as long as it is for Rabbi Yehuda. Rosh (Shabbat 2:23) discusses whether Rabbi Yose's [[Bein HaShemashot]] begins immediately after Rabbi Yehuda's or a while afterwards and doesn't come to a clear conclusion. Rashi to 35a s.v. Bein HaShemashot DeRabbi Yose seems to hold that it is right after R. Yehuda's period.
*'''Who does the halacha follow? Rabbi Yehuda or Rabbi Yose''' The Briatta ([[Shabbat]] 34b) says that in regards to practical ramifications [[Bein HaShemashot]] is always considered day as a stringency and night as a stringency. Rif ([[Shabbat]] 14b) and Rambam ([[Shabbat]] 5:4) codify this Briatta. Shulchan Aruch 261:1 rules that during [[Bein HaShemashot]] one may not do anything one may not do on [[Shabbat]] with some exceptions (see there). Therefore, Rabbi Yochanan ([[Shabbat]] 35a) says that we follow Rabbi Yehuda regarding [[Shabbat]] as a stringency and Rabbi Yose regarding Trumah as a stringency. Rif (15a) and Rosh 2:23 codify Rabbi Yochanan as halacha.
*'''(2) Gemara Pesachim''' 94a records Rabbi Yochanan's statement that an average person can walk 30 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and 5 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]] (according to Rashi s.v. Ovav). The Gemara challenges this and explains really an average person can walk 32 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and only 4 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]].
*'''The opinion of Rabbenu Tam:''' Tosfot (Pesachim 94a s.v. Rabbi Yehuda and [[Shabbat]] 35a s.v. Trei) is bothered how the Gemara [[Shabbat]] seems to say that from [[Shekiyah]] until [[Tzet HaKochavim]] a person can walk 3/4 of a [[mil]] (according to the Rabba) and the Gemara Pesachim says a person can walk 4 [[mil]]. Rabbenu Tam answers that the Gemara [[Shabbat]] was referring to the end of the [[Shekiyah]] and from then until [[Tzet HaKochavim]] is 3/4 of a [[mil]], while the Gemara Pesachim is discussing the beginning of [[Shekiyah]] which takes 4 [[mil]] until [[Tzet HaKochavim]]. Ramban (cited by [[Maggid]] Mishna), [[Maggid]] Mishna ([[Shabbat]] 5:4), and Ran ([[Shabbat]] 15a) agree. The Ran ([[Shabbat]] 15a) explains that according to Rabbenu Tam there's two Shekiyot. After the first it is still considered daytime until 3.25 [[mil]] after the beginning of the [[Shekiyah]]. [[Bein HaShemashot]], which is uncertain day or night, spans 3/4 of a [[mil]] and begins from the beginning of the second [[Shekiyah]]. See Beiur Halacha 261 s.v. Metechila who explains that the first [[Shekiyah]] is when the sun sets from our vision, and the second [[Shekiyah]] is when the light from the sun leaves the sky.
*'''Does halacha follow Rabbenu Tam?''' The Shulchan Aruch 261:2 rules in accordance with Rabbenu Tam and states that from the beginning of the [[Shekiyah]] until [[Bein HaShemashot]] there's 3.25 [[mil]] and then [[Bein HaShemashot]] itself is .75 of a [[mil]], which is equivalent to the time it takes to walk 1500 [[amot]]. Beiur Halacha 261 s.v. Metechila writes that for sure one should be strict for the Gra not to do any melacha after sunset.
*'''(3) Shmuel's opinion:''' Then, Shmuel ([[Shabbat]] 35b) says that [[Bein HaShemashot]] is as long as two stars are seen in the sky, but if there’s only one star, it’s day, and if it’s three, then it’s night. The Gemara then clarifies that the stars which were discussed are medium size stars. Similarly, the Yerushalmi ([[Brachot]], cited by Ran 15a) says that [[Shabbat]] concludes when three stars can be seen in one area and not spread out. The Rambam ([[Shabbat]] 5:4) rules like Shmuel that when three medium size stars are seen it is certain nighttime. The Kesef Mishna ([[Shabbat]] 5:4) is bothered why the Rambam said that [[Bein HaShemashot]] begins from [[Shekiyah]] and ends when three stars are seen, choosing the opinion of Rabba for the beginning of [[Bein HaShemashot]] and Shmuel for the end of [[Bein HaShemashot]]. He answers that really Rabba and Shmuel agree and just describe it differently. This may also be the intent of the Rif (15a) and Rosh 2:23 who say that halacha follows Rabba as a stringency and also quote Shmuel without anyone arguing. See Or Letzion Vol. 1 YD 1:10 who offers a novel interpretation of the opinion of the Rambam that he holds like Rabbi Yose (see there for the halachic implications). See also Beur Halacha 416 who paskens like Rabbi Yose MeIkar HaDin, as well, and Chazon Ovadia Shabbat Vol. 1 pp. 264.</ref>
#The Gemara rules that if one does a Melacha on [[Shabbos]] for the duration of Bein Hashemashos on Friday evening and Saturday evening, one has certainly violated [[Shabbos]], and must bring a sin-offering. <ref>[[Shabbos]] 35b, Rambam (Hilchot [[Shabbos]] 5:4). This is because if one treats [[Bein Hashemashot]] as day, one broke [[Shabbos]] on Saturday evening. If one treats [[Bein Hashemashot]] as night, one violated [[Shabbos]] on Friday evening. </ref>
#Therefore, one cannot perform Melacha during [[Bein Hashemashot]]. <ref>Mishnah [[Shabbos]] 34b </ref>

==Miscellaneous==
===Toch Kedei Dibbur===

#[[Kedei Dibbur]] is the time it takes to say Shalom Alecha Rebbe. <ref>Kitzur Shulchan Aruch (Klalim s.v. Kedei)</ref>
#[[Toch Kedei Dibbur]] is less than the time it takes to say Shalom Alecha Rebbe.<ref>Kitzur Shulchan Aruch (Klalim s.v. Kedei)</ref>

===Kdei Aniva===

#There are several opinions about how long Kdei Aniva is, however, one doesn't need to be strict to consider it to be longer than 2 gudalin. <ref>How long is kdei aniva? There’s several opinions about this topic:

*Smag- long enough to loop around all the rest of the 7 strings.
*Chayei Adam, Kitzur Shulchan Aruch 9:13- 4 gudalin, Beiur Halacha: 2 gudalin, Eliya Rabba (paskening like Rif and Rosh)- long enough to loop around just 1 string (very short).
*The Beiur Halacha concludes that there’s no need to be strict for more than 2 gudalin. And he says if you have no choice, you can rely on the Eliya Rabba. see [http://ph.yhb.org.il/07-08-11/ Peninei Halacha]</ref>
#How long is the shiur of 2 godlin in practical terms? Chazon Ish : 5 cm, Rav Chaim Naeh: 4 cm. Rav Mordechai Eliyahu (comments to Kitzur 9:13) writes that Kedi Anivah is 4 cm.

===Yad Soledet Bo===

#For purposes of cooking on Shabbat and Kashrut, Yad Soledet Bo is certainly hotter than 113 degrees Fahrenheit. <ref>Shemirat Shabbat Kehilchata (ch. 1, note 3), Badei Hashulchan 92:151</ref> Others are concerned for anything over 110 degrees Fahrenheit and over 160 degrees is certainly yad soledet bo. <ref>Igrot Moshe (OC 4:74 Bishul no. 3), The Laws of Kashrut p. 111). [https://www.yutorah.org/sidebar/lecture.cfm/788227/rabbi-hershel-schachter/kashrus-in-the-home/ Rav Hershel Schachter ("Kashrus in the Home" 2012, about min 30)] quotes Rav Soloveitchik that yad soledet bo is at least 140 degrees and no more than 160 degrees.</ref>

==Links==

*[http://www.yutorah.org/lectures/lecture.cfm/763395/Rabbi_Michael_Taubes/_Parshas_Eikev_How_Big_is_a_Kezayis_ How Big is a Kezayis] by Rabbi Michael Taubes

==Sources==
<references />
[[Category:Brachot]]

Reference of Measurements in Halacha

2019-08-02T00:31:50Z

Ezralevy: /* Olot HaShachar */

[[Image:Measuring Tools.png|200px|right]]
There are many different [[measurements]] used in the Torah and classical Rabbinic Seforim, which are important for daily living. An example is the specific amount of wine that [[Kiddush]] is made on: One [[Revi'it]]. If one doesn't know how much a [[Revi'it]] is, how can one fulfill the Mitzvah properly?
The modern day equivalents for many Hebrew [[measurements]] are discussed below.
In addition, discussed below are many Halachic times which also matter for everyday use.
==Food or Drink==
===Kezayit===

#According to Ashkenazim, all sizes are measured in volume and not weight.<ref>Mishna Brurah 456:3, Vezot HaBracha (pg 6) </ref> However, according to Sephardim the actual halacha is that measures are in volume but the minhag is to follow the measures in weight. <ref>See Yalkut Yosef (Klalei [[Brachot]] pg 195-202) who discusses this at length. However, see Or Letzion (Vol. 3, Introduction) who argues that the custom to use weight is only for foods which have similar density to water, but for other foods (like Matza) one would use volume. Halacha Brurah 210:2 rules that the kezayit is measured by volume and not weight. See Otzrot Yosef 8:9. </ref>
#There’s a dispute in the Rishonim whether the [[Kezayit]] (olive size) is a half or third of a [[KeBaytzah]] (egg size), and regarding [[Bracha Achrona]] and Deoritta Mitzvot, the halacha follows the opinion that a [[Kezayit]] is half a KeBeytzah. <ref>*Mishna Brurah 486:1 writes that the Tosfot holds a [[Kezayit]] is half of a KeBeitzah with the shell and the Rambam holds it is a third of a KeBeitzah (see Tosfot (Yoma 80b s.v. Agav), Rambam (Eiruvin 1:9)). S”A 486 rules like Tosfot. Rav Avraham Chaim Noeh (Shiurei Torah 3:12) argues that Tosfot holds half a KeBeitzah without the shell.
*What's the halacha? Mishna Brurah 486:1 rules that for Deoritta Mitzvot and [[Bracha Achrona]], one should eat the size of half a KeBeitzah, but for Derabbanan Mitzvot, one third suffices. He adds that since one has to make a Bracha on [[maror]], one should eat half a KeBeitzah.
*Chazon Ish 39:17 decided that we could be lenient like the Rambam. see below for an exact amount according to Chazon Ish</ref>
#According to Rav Chaim Noeh, the [[Kezayit]] for Deoritta measures (eating [[Matzah]]) and [[Bracha Achrona]] is 27cc. The Chazon Ish’s opinion is that the [[Kezayit]] is 33.3 grams (1.3 oz). <ref>*The Tzlach (Pesachim 116b) holds that the modern day eggs are half the size of those in the days of Chazal. However, Rav Noeh (Shiurei Torah Shaar 3) argues that the modern day eggs have not changed from the days of Chazal. Mishna Brurah 486:1 writes that for the mitzvah deoraitta of [[matza]], one should follow the stringent view of the Tzlach. see Rav Shlomo Wahrman (Orot Haesach 28) who explains why there is no need to say that the eggs have shrunk since the times of the Gemara. see also Maaseh Rav 74, where it says that the Gra accepted the position of the Tzlach.
*Practically, how much is a [[Kezayit]]?
**(1) Rav Chaim Noeh in Shiurei Torah (3:11, pg 191, 5707) writes that for Deoritta Mitzvot one should eat 28.8cc, however, in Shiurei Tzion (p. 70, 5709) he writes that it is 27cc. Vezot HaBracha (Birur Halacha 1) explains that Rav Chaim Noeh retracted from his original ruling.
**(2) Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) quotes the Chazon Ish that a [[Kezayit]] is 2/3 of a modern egg and an egg can possibly be up to 55cc. Therefore, Vezot HaBracha (Birur Halacha 1) writes that the Chazon Ish holds that 33.3cc is a [[Kezayit]]. The Chazon Ish's opinion of [[Kezayit]] is partially based on the opinion of the Tzlach. see also Chazon Ish in Hilchot [[Shabbat]] 39.
**(3) Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Kezayit]] is 31.2cc. [However, Rabbi Bodner in Halachos of K’zayis (p. 24) writes that Rav Dovid Feinstein told him that Rav Moshe never measured the eggs himself and it was his student who calculated 1.1oz, but that if his calculations were more precise he should use those. Therefore, Rabbi Bodner rules, based on his own calculations, that a [[Kezayit]] is 27.2cc.]
**(4) Rav Mordechai Willig ([http://www.yutorah.org/lectures/lecture.cfm/760487/Rabbi_Mordechai_I_Willig/How_Much_Matza_Do_You_Need_to_Eat Pesach To-Go, Nisan 5771], p. 60) is of the opinion that the size in volume of a kezayis is 22.5 cubic centimeters.
</ref>
##The minhag of the world and many other authorities is to follow Rav Chaim Noeh’s opinion. <ref>Vezot HaBracha (pg 6, Birur 1, pg 221) quotes Rav Elyashiv and Rav Shlomo Zalman saying that for [[Bracha Achrona]] the widely accepted measurement of the [[Kezayit]] is according to Rav Chaim Noeh. Vezot HaBracha also mentions that such is the minhag of the world. </ref>
#If one ate between a third and a half a [[KeBaytzah]] one should not make a Bracha achrona because of safek [[Brachot]]. Therefore, one should have less than a third and not make a Bracha achrona or more than a half and make a Bracha achrona. <ref>Mishna Brurah 486:1 </ref>
#On Mitzvot Deoritta such as eating [[Matzah]] one must be strict to hold a [[Kezayit]] is a half a [[KeBaytzah]]. However, regarding מצות Derabbanan it’s preferable to hold that a [[Kezayit]] is a half a kebaytzah, however, one may rely on the opinion that a [[Kezayit]] is a third a kebaytzah. <ref>Mishna Brurah 486:1 </ref>
#One needs to make sure that he does not count air in the food as part of the shiur of kezayis. If one has a food that is hollow, a kezayis of that food is considered when the food would be pressed.<ref>Rama 486:1 </ref>

===Kedi Achilat Pras===

#See [[Kedi Achilat Pras]] (the time in which a [[Kezayit]] is considered eaten together)

===KeBaytzah===

#According to Rav Chaim Noeh, the KeBaytzah is 55cc, and according to the Chazon Ish, it is 100cc. <ref>Vezot HaBracha pg 6 </ref>

===Revi'it===

#A Reviyit is a [[KeBaytzah]] and a half.<ref>Mishna Brurah 486:1 </ref> Therefore, Rav Chaim Noeh holds that the [[Reviyit]] is 86 grams (3 oz),<ref>Shiurei Tzion (p. 69)</ref> the Chazon Ish holds that the [[Reviyit]] is 150 grams (5.3 oz).<ref>Rav Chaim Kanievsky in Shiurin Shel Torah (p. 66) according to the rulings of the Chazon Ish </ref>, and some quote Rav Moshe as saying the Revi'it is 3.3 oz. <ref>Vezot HaBracha (Birur Halacha 1) quotes Haggadat Kol Dodi which quotes Rav Moshe Feinstein as saying that a [[Reviyit]] is 3.3 oz.</ref>
#With regards to drinking [[the four cups of wine]], see the [[Required Amount of Matzah and Wine for the Seder]] page.

===Kedei Shtiyat Reviyit===

#See Kedei Shtiyat Revi'it (the time in which a Revi'it is considered drunk together).

==Length==
===Amah, Tefach, Etzbah===
{| class="wikitable sortable"
!
!Amah
!Tefach
!Etzbah
|-
|Rav Moshe Feinstein<ref>Sh”t Igrot Moshe O”C 1:136. writes that the [[Amah]] is 21.25 inches and one can be strict to hold that it is 23 inches. Similarly, the Aruch Hashulchan YD 286:21 writes that 4 amot is one Russian ''sazhen'' which is the equivalent of 7 feet (see [https://en.wikipedia.org/wiki/Obsolete_Russian_units_of_measurement Wikipedia's page on Russian measurements]) meaning that the amah is 21 inches. [https://asif.co.il/download/kitvey-et/kol/kol-30/1-29.pdf Dr. Gideon Freedman in Kol Bramah v. 4 p. 229] proves that the Aruch Hashulchan YD 201:3 and Mishna Brurah 358:7 both hold that the amah is 21 inches. The Aruch Hashulchan says that an amah is three quarters of a arshin and an arshin is 71.12 cm. The Mishna Brurah ties 53 russian arshins to 70.83 amot. See there for the calculations.</ref>
|21.25 in. (53.98 cm)
|3.54 in. (9.00 cm)
|0.89 in. (2.25 cm)
|-
|Rav Chaim Noeh<ref>Shiurei Torah (by Rav Chaim Noeh, Siman 3 Seif 25 pg 249) </ref>
|18.90 in. (48 cm)
|3.15 in. (8 cm)
|0.79 in. (2 cm)
|-
|Chazon Ish<ref>Shiurin shel Torah (pg 3) by the Steipler quoting the Chazon Ish but admitting that these are approximate measures because of the need to publicize the measures but not an accurate calculation. </ref>
|24 in. (60.96 cm)
|4 in. (10.16 cm)
|1 in. (2.54 cm)
|}

===Mil===

#When [[Mil]] is given in terms of time, some consider it 18 minutes, some 22.5 minutes, and some 24 minutes. <ref>Shulchan Aruch 459:2 writes that the [[mil]] is 18 minutes. Rama 261:1 agrees. Beiur Halacha 459:2 s.v. Haviy quotes some who consider it 22.5 minutes and others who say that it is 24 minutes.</ref>
#When [[Mil]] is given in terms of distance it is equal to 2000 [[Amot]]. <ref>Rashi Yoma 67a s.v. shivah and Tosfot Shabbat 34b s.v. safek write that a mil is 2000 amot. Shulchan Aruch 261:2 writes that 3/4 of a [[mil]] is equal to 1500 [[amot]], implying a [[mil]] is 2000 [[amot]]. [http://www.yeshiva.org.il/midrash/shiur.asp?id=15883#3b Rabbi Melamed on yeshiva.org.il] writes that a [[mil]] is 2000 [[amot]].</ref>

==Money==
===Prutah===

#A [[prutah]] is 1/40 of a gram of silver (which is about a few cents). However, the [[prutah]] with regards to the mitzvah of returning a lost object is discussed [[Returning_Lost_Objects#Worth_a_Prutah| here]]. <ref>S”A CM 88:1 says a [[prutah]] is a half of a pearl of barley. Shiurei Torah (Rav Chaim Noeh pg 177) and Shiurei HaMitzvot (Chazon Ish pg 65) say a [[prutah]] is 1/40 of a gram of silver (which currently is about 2.3 cents). Halachos of [[Chanukah]] (Rabbi Shimon Eider, pg 38) quotes Rav Moshe Feinstein saying that a [[prutah]] is 2 or 3 cents and not just one penny. See Halachos of Other People’s Money (Rabbi Bodner pg 150) who quotes Rav Moshe regarding a [[prutah]] for the mitzvah of returning a lost object. </ref>

===Asara Zehuvim===

#If someone steals someone else's mitzvah they should pay them the 10 zehuvim, which is equal to 1200 grams of silver (roughly $650 but varies).<ref>Rav Chaim Noeh (Shiurei Torah p. 379 ch. 3 n. 45) writes that the 10 zehuvim are equal to 250 silver dinar which are 1200 grams of silver.</ref>

==Time==
===Shaot Zmaniot===

#[[Shaot Zmaniot]] are halachic hours which are calculated by dividing the daytime hours into 12. There’s a dispute of how to measure the day; some count the day from Olot HaShachar until [[Tzet HaKochavim]] (Magen Avraham) <ref>Many authorities holds that the halachic hours in the day are considered from Olot including: Sh”t Trumat HaDeshen 1, Levush 267, Minchat Cohen (Mevoh Shemesh 2:6) in name of Tosfot Ramban and Rashba, Bach (431), Taz 433, Pri [[Chadash]] 443, Magen Avraham 58:1, 433:3, Eliyah Raba 58:2, Mizbe’ach Adama 4a, Mikraeh Kodesh 158b, Mateh Yehuda 433, Sh”t Chaim Shal 2:38(70), Tov Ayin 18:38, Sh”t Teshuva MaAhava 1:25, Shalmei Tzibbur 93c, Chesed Alafim 58:5, Chaye Adam 21:3,27:1, Kitzur Shulchan Aruch 17:1, Magen Giborim (Shiltei Hagiborim 58:3), and Rav Poalim O”C 2:2. </ref>, and some count it from [[HaNetz]] until [[Shekiah]] (Gra).<ref>Many authorities hold that the halachic hours of the day are considered to begin from [[HaNetz]] incluing: Rambam’s Sh”t Pear Hadar 44 (as understood by Halacha Brurah (Shaar Tzion 58:17), Rav Chaim Drok (Noam 9 pg 235), and Orot Chaim 320 against the Yetsiat Mitzmayim (Sefaka Deyoa pg 115)), Siddur Rav Sadyah Goan pg 12, Minchat Cohen Mevoh Hashemesh 2:6 in name of Goanim, Rambam, Rabbenu Yonah, Hagahot Maimon, and Mordechai (Pri [[Chadash]] rejects his proofs), Shiltei Hagiborim on the Mordechai ([[Brachot]] 4:3) (as understood by Magen Avraham 233:3, Shaar Tzion 233:10, and Kaf HaChaim 233:7), Levush (233:1,267), Shaarei Knesset Hagedolah 58:8, Tosfot [[Yom Tov]] (Pesachim 2:3), and Biur HaGra 459:2.</ref>
##According to Sephardim, regarding Deoritta laws (including [[Kriyat Shema]]) one should be strict for the opinion of the Magen Avraham. <ref>In conclusion, Minchat Cohen (Mevoh Hashemesh 2:9), Erech HaShulchan 433, Halichot Olam (vol 1, Vaera 3), and Yalkut Yosef (vol 1, pg 98) write that one should be strict for the opinion of the Magen Avraham for Deoritta issues, for example [[Kriyat Shema]]. </ref>
##Among Ashkenazim, some are strict to hold like the Magen Avraham, unless there is an serious need, in which case one may hold like the Gra. <ref>Rabbi Yechiel Michel Tukachinsky in Sefer Eretz Yisrael (pg 18#3) writes that the minhag of [[Israel]] is to follow the magen avraham and only under pressure may one rely on the Gra.</ref> However, some are lenient to rely on the Gra. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 77-79) says that many follow the opinion of the Gra in calculating the time for Sof [[Kriyat Shema]]. </ref>

===Olot HaShachar===

#Many rishonim hold that [[Olot HaShachar]] is 72 minutes before sunrise on a "perfect day" (when sunrise and sunset are exactly 12 hours apart) in Jerusalem which is equivalent to when the sun is 16 degrees below the horizon for everywhere in the world, however, others hold that [[Olot HaShachar]] is 90 minutes on a perfect day which is 19.78 degrees below the horizon. <ref>*The Rosh (Brachot 4:1) writes that Olot for the korban tamid and Shacharit is after the rays of the sun begin to show and also the Eastern part of the sky began to become light. This is also the opinion of the Rabbenu Yerucham cited by Bet Yosef 89:1. Shulchan Aruch 89:1 codifies their opinion. Magen Avraham 89:3 argues that many rishonim hold that Olot is once the rays of the sun begin to show even though the Eastern part of the sky isn't light. Torat Yoma 28a siman 11 writes that the Rambam Pirush Mishnayot Yoma 3:1 and Ritva Yoma 28a hold like the Rosh and Rabbenu Yerucham, while Rashi sides with the Magen Avraham. Practically, the Mishna Brurah (Biur Halacha 89:1 s.v. v'im) writes that one shouldn't be lenient for the Magen Avraham as the Eliya Rabba, Mateh Yehuda, and Gra argue with the Magen Avraham. Therefore, Olot is once the rays of the sun began to show and also the Eastern part of the sky became light.
*Sefer Zmanim KeHilchatam (Rabbi Berstein, pg 347) writes that 72 minutes on a perfect day in Jerusalem is equal to when the sun is 16 degrees below the horizon and 90 minutes is equal to 19.78 degrees below the horizon. He personally rules that one should be strict for both of these opinions for Deoritta halachas and those derabbanan halachas where safek is lechumra. He tries to prove that this is the opinion of the Mishna Brurah (92:3, Beiur Halacha 163:1 s.v. Berachok). However, he totally rejects the opinion that [[Olot HaShachar]] is 120 minutes before sunrise. [It is noteworthy that astronomical dawn is the time when the Sun is at 18 degrees below the horizon and before then the sky is absolutely dark ([timeanddate.com https://www.timeanddate.com/astronomy/different-types-twilight.html]).]
*He also quotes Rabbi Tukachinsky who held like the opinion of 90 minutes.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 65-7) says that we assume that [[Olot HaShachar]] depends on degrees below horizon and the specific times vary according to one’s location. Similarly, [http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 19-21) mentioned in passing that [[Olot HaShachar]] is assumed to be 72 minutes before sunrise, varying according to the longitude and latitude.</ref>
# According to Sepharadim, Alot HaShachar is 72 minutes before sunrise, and these minutes are proportional to the length of the day.<ref> Yalkut Yosef, Kitzur Shulchan Aruch, Siman 58, Seif 3 </ref>

===MeSheyakir===

#There is a wide range of opinions precisely when Misheyakir occurs in Jerusalem on a perfect day, when there is exactly 12 daylight hours and every seasonal hour consists of 60 minutes. The three opinions include: 35 minutes before sunrise,<ref>Rav Moshe Feinstein in Le-Torah ve-Hora'ah Vol. 3:7 and in Iggeros Moshe OC 4:6 holds of 35 minutes. Rav Yaakov Kamenetsky in Emes liyaakov OC 58:1 rules that it is 36 minutes before sunrise. Zmanei Halacha LeMaaseh (pg 19) holds of 40 minutes before sunrise. </ref> 60 minutes before sunrise,<ref>Rav Tukaczinsky in Sefer Eretz Yisrael 1:4 (pg 18), Kaf HaChaim 18:18, Sh"t Binyan Tzion 2:16 hold of 60 minutes before sunrise. Nivreshet (vol 1, pg 43) holds of 52 minutes.</ref> and 66 minutes before sunrise.<ref>Rav Ovadya Yoseh in Yechave Daat 2:8</ref>
#The various opinions would then have to be extrapolated according to the region of the world and time of year.<ref>*There are two factors at work here: First, the processes of daybreak and nightfall occur faster at places near the equator than places further away from the equator. Second, the speed of these processes are also affected by the seasons.
*A common solution would be to use seasonal minutes. In order to calculate a seasonal hour, one would need to add up all the daytime minutes and then divide by 12 to get the number of minutes that are in each seasonal hour. For instance, if there were 11 hours of daylight, each seasonal hour would consist of 55 minutes. To further complicate matters, there are two ways of counting the daytime minutes: The Magen Avraham counts from dawn until nightfall with the emergence of 3 stars, whereas the Gra counts from sunrise to sunset.
*Another means for calculation, which has only recently been implemented, is to compare the level of brightness by using the relative position of the sun. For instance, it has been determined that 60 minutes before sunrise on a perfect day in Jerusalem the sun is 12.9 degrees below the horizon. Therefore, if one wanted to find the equivalent time anywhere in the world during any season, he would simply determine at what time the sun will be 12.9 degrees below the horizon in that locale on that day and that would be the extrapolated Meshiyakir.</ref> Thus, according to the commonly accepted opinion that Meshiyakir is between 50 and 60 minutes before sunrise in Jerusalem - In New York, depending on the time of the year, it could be anywhere from 56-73 minutes before sunrise.<ref>MyZmanim.com. These figures are determined using MyZmanim’s earliest published position of 11.5 degrees below the horizon. Unfortunately, MyZmanim.com only offers calculations based upon 10.2 degrees, 11 degrees, and 11.5 degrees but not 12.9 degrees. It is unfortunate because 12.9 degrees correlates to Rav Tukaczinsky’s 60 minutes before sunrise which, although is a very lenient position is also well collaborated and accepted.

*[http://www.ou.org/webcast_kosher Rav Yisrael Belsky] (OU Kosher Webcast, 2011, min 21-23) mentions in passing that [[MeSheYakir]] is about 40 or 50 minutes before sunrise.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 68-70) says that Rav Moshe held [[MeSheYakir]] is between 35-40 minutes before sunrise and seems to agree with him, although he mentions that some say it’s 55 minutes before sunrise.</ref>

===HaNetz HaChama (Sunrise)===

#[[HaNetz HaChama]] is sunrise which is halachically the same as the astronomical calculation of sunrise.<ref>*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunrise is the same as the sunrise calculated by the naval observatory which is when the sun begins to rise. Halacha Brurah 58:7 proves that netz is astronomical sunrise when the upper edge of the sun is on the horizon as opposed to the opinion of the Divrei Dovid 36 and Ben Ish Chai Vayishlach no. 4 that it is 2.6 minutes earlier.
*[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 72-77) says that sunset should be determined as though the mountains to the east and west are at sea level and do not block the visibility of the sun. However, the elevation of the place one is currently located is taken into consideration and if one is in a valley the sunset is a little later (less than 5 minutes) than what would have been visible. Yet, he adds, that most opinions hold that regarding sunrise both one’s location’s elevation and surrounding mountains are taken into consideration.</ref> This is the standard time printed for netz such as on myzmanim.com.

===Chatzot===

#[[Chatzot]] is midday and midnight, always separated by 12 hours.<ref>Mishna Brurah 1:9 writes that [[chatzot]] at night is always 12 hours after [[chatzot]] of day for any place in the world.</ref>

===Mincha Gedola===

#Mincha Gedola is six and a half halachic hours (Shaot Zmaniot) after sunrise.<ref>Rashi (Pesachim 107a s.v. mincha gedola), Rambam (Tefillah 3:2)</ref>

===Mincha Ketana===

#Mincha Ketana is nine and a half halachic hours (Shaot Zmaniot) after sunrise.<ref>Rashi (Pesachim 107b s.v. oh), Rambam (Tefillah 3:2)</ref>

===Shekiyah (Sunset)===

#[[Shekiyah]] is sunset which, in general, is halachically the same as the astronomical calculation of sunset. <ref>[http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha Rav Hershel Schachter on yutorah.org] (min 69-72) says that sunset is the same as the sunset calculated by the naval observatory which is when the sun has completely set. </ref>

===Tzet HaKochavim (Emergence of the stars)===

#There's a major dispute when Tzet HaKochavim is: Rabbenu Tam assumes that it's about 72 minutes after [[Shekiyah]] and the Gra assumes that it's three quarters of a [[mil]] after [[Shekiyah]], varying according to one's location. <ref>Rabbi Hershel Schachter on [http://www.yutorah.org/lectures/lecture.cfm/728553/Rabbi_Hershel_Schachter/Shiur_on_Zmanim_in_Halacha# yutorah.org (min 43-5)] explains that many practice like the Gra regarding Tzet HaKochavim on [[Motzei Shabbat]]. See Biur HaGra and Mishna Brurah 261. Pri Megadim assumes that according to Rabbenu Tam, 72 minutes is a fixed time, but Mishna Brurah writes that it varies according to one's location.</ref>

===Bein HaShemashot===

#[[Bein HaShemashot]] is the time period between certain daytime and certain nighttime. In many halachot, it is considered a ''safek,'' or doubt, whether it is considered day or night and has many practical ramifications. There is a major dispute regarding the length of this period. <ref>*'''(1) Gemara [[Shabbat]]''' 34b says [[Bein HaShemashot]] is considered as a doubt whether it is considered daytime or nighttime. When is [[Bein HaShemashot]]? Rabbi Yehuda says that [[Bein HaShemashot]] starts from [[Shekiyah]] and concludes when the entire ball of the sun has set. Rabbi Yose, however, says that [[Bein HaShemashot]] is as short as the blink of an eye, though R. Yose also agrees that there is a doubt (Tosfot 34b s.v. Rabbi Yose). R. Nechemya says that it is from [[Shekiyah]] and lasts the length of time it takes to walk a half [[mil]]. [Note, a mil is 2000 amot (see above).]
*'''Explanation of Rabbi Yehuda's opinion:''' Rabba explains Rabbi Yehuda as saying that [[Bein HaShemashot]] starts from [[Shekiyah]] even though the sky is still red, while Rav Yosef says [[Bein HaShemashot]] starts from when the sun already set. It follows, says the Gemara, that according to Rabba the span of [[Bein HaShemashot]] is 3/4 of a [[mil]] and according to Rav Yosef [[Bein HaShemashot]] is 2/3 of a [[mil]].
*'''Who do we follow, Rabba or Rav Yosef, in explaining Rabbi Yehuda?''' The Rif (15a) writes that since it is unclear whether halacha follows Rav Yosef or Rabba, one should be strict to follow Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Then he says that it seems halacha should follow Rabba because halacha always follows Rabba with three exceptions and this isn't one of them. Similarly, Rambam ([[Shabbat]] 5:4) rules like Rabba that [[Bein HaShemashot]] begins at [[Shekiyah]]. Rabbenu Yonah (quoted by Rosh [[Shabbat]] 2:23) argues that since they're not arguing about which logic is correct but about what Rav Yehuda said the halacha follows both Rabba and Rav Yosef, whichever way will be a stringency. Therefore, in context of [[accepting Shabbat]], Rama 261:1 rules like Rabba that [[Bein HaShemashot]] is 3/4 of a [[mil]].
*'''Explanation of Rabbi Yose's opinion:''' Shmuel ([[Shabbat]] 35a) says that Rav Yose’s concept of [[Bein HaShemashot]] takes place after the [[Bein HaShemashot]] already finished. Tosfot ([[Shabbat]] 34b s.v. Rabbi Yose) explains that even according to Rabbi Yose there’s a window of time when there is an uncertainty whether it is day or night but it isn’t as long as it is for Rabbi Yehuda. Rosh (Shabbat 2:23) discusses whether Rabbi Yose's [[Bein HaShemashot]] begins immediately after Rabbi Yehuda's or a while afterwards and doesn't come to a clear conclusion. Rashi to 35a s.v. Bein HaShemashot DeRabbi Yose seems to hold that it is right after R. Yehuda's period.
*'''Who does the halacha follow? Rabbi Yehuda or Rabbi Yose''' The Briatta ([[Shabbat]] 34b) says that in regards to practical ramifications [[Bein HaShemashot]] is always considered day as a stringency and night as a stringency. Rif ([[Shabbat]] 14b) and Rambam ([[Shabbat]] 5:4) codify this Briatta. Shulchan Aruch 261:1 rules that during [[Bein HaShemashot]] one may not do anything one may not do on [[Shabbat]] with some exceptions (see there). Therefore, Rabbi Yochanan ([[Shabbat]] 35a) says that we follow Rabbi Yehuda regarding [[Shabbat]] as a stringency and Rabbi Yose regarding Trumah as a stringency. Rif (15a) and Rosh 2:23 codify Rabbi Yochanan as halacha.
*'''(2) Gemara Pesachim''' 94a records Rabbi Yochanan's statement that an average person can walk 30 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and 5 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]] (according to Rashi s.v. Ovav). The Gemara challenges this and explains really an average person can walk 32 [[mil]] from [[HaNetz HaChama]] until [[Shekiyah]] and only 4 [[mil]] from [[Shekiyah]] until [[Tzet HaKochavim]].
*'''The opinion of Rabbenu Tam:''' Tosfot (Pesachim 94a s.v. Rabbi Yehuda and [[Shabbat]] 35a s.v. Trei) is bothered how the Gemara [[Shabbat]] seems to say that from [[Shekiyah]] until [[Tzet HaKochavim]] a person can walk 3/4 of a [[mil]] (according to the Rabba) and the Gemara Pesachim says a person can walk 4 [[mil]]. Rabbenu Tam answers that the Gemara [[Shabbat]] was referring to the end of the [[Shekiyah]] and from then until [[Tzet HaKochavim]] is 3/4 of a [[mil]], while the Gemara Pesachim is discussing the beginning of [[Shekiyah]] which takes 4 [[mil]] until [[Tzet HaKochavim]]. Ramban (cited by [[Maggid]] Mishna), [[Maggid]] Mishna ([[Shabbat]] 5:4), and Ran ([[Shabbat]] 15a) agree. The Ran ([[Shabbat]] 15a) explains that according to Rabbenu Tam there's two Shekiyot. After the first it is still considered daytime until 3.25 [[mil]] after the beginning of the [[Shekiyah]]. [[Bein HaShemashot]], which is uncertain day or night, spans 3/4 of a [[mil]] and begins from the beginning of the second [[Shekiyah]]. See Beiur Halacha 261 s.v. Metechila who explains that the first [[Shekiyah]] is when the sun sets from our vision, and the second [[Shekiyah]] is when the light from the sun leaves the sky.
*'''Does halacha follow Rabbenu Tam?''' The Shulchan Aruch 261:2 rules in accordance with Rabbenu Tam and states that from the beginning of the [[Shekiyah]] until [[Bein HaShemashot]] there's 3.25 [[mil]] and then [[Bein HaShemashot]] itself is .75 of a [[mil]], which is equivalent to the time it takes to walk 1500 [[amot]]. Beiur Halacha 261 s.v. Metechila writes that for sure one should be strict for the Gra not to do any melacha after sunset.
*'''(3) Shmuel's opinion:''' Then, Shmuel ([[Shabbat]] 35b) says that [[Bein HaShemashot]] is as long as two stars are seen in the sky, but if there’s only one star, it’s day, and if it’s three, then it’s night. The Gemara then clarifies that the stars which were discussed are medium size stars. Similarly, the Yerushalmi ([[Brachot]], cited by Ran 15a) says that [[Shabbat]] concludes when three stars can be seen in one area and not spread out. The Rambam ([[Shabbat]] 5:4) rules like Shmuel that when three medium size stars are seen it is certain nighttime. The Kesef Mishna ([[Shabbat]] 5:4) is bothered why the Rambam said that [[Bein HaShemashot]] begins from [[Shekiyah]] and ends when three stars are seen, choosing the opinion of Rabba for the beginning of [[Bein HaShemashot]] and Shmuel for the end of [[Bein HaShemashot]]. He answers that really Rabba and Shmuel agree and just describe it differently. This may also be the intent of the Rif (15a) and Rosh 2:23 who say that halacha follows Rabba as a stringency and also quote Shmuel without anyone arguing. See Or Letzion Vol. 1 YD 1:10 who offers a novel interpretation of the opinion of the Rambam that he holds like Rabbi Yose (see there for the halachic implications). See also Beur Halacha 416 who paskens like Rabbi Yose MeIkar HaDin, as well, and Chazon Ovadia Shabbat Vol. 1 pp. 264.</ref>
#The Gemara rules that if one does a Melacha on [[Shabbos]] for the duration of Bein Hashemashos on Friday evening and Saturday evening, one has certainly violated [[Shabbos]], and must bring a sin-offering. <ref>[[Shabbos]] 35b, Rambam (Hilchot [[Shabbos]] 5:4). This is because if one treats [[Bein Hashemashot]] as day, one broke [[Shabbos]] on Saturday evening. If one treats [[Bein Hashemashot]] as night, one violated [[Shabbos]] on Friday evening. </ref>
#Therefore, one cannot perform Melacha during [[Bein Hashemashot]]. <ref>Mishnah [[Shabbos]] 34b </ref>

==Miscellaneous==
===Toch Kedei Dibbur===

#[[Kedei Dibbur]] is the time it takes to say Shalom Alecha Rebbe. <ref>Kitzur Shulchan Aruch (Klalim s.v. Kedei)</ref>
#[[Toch Kedei Dibbur]] is less than the time it takes to say Shalom Alecha Rebbe.<ref>Kitzur Shulchan Aruch (Klalim s.v. Kedei)</ref>

===Kdei Aniva===

#There are several opinions about how long Kdei Aniva is, however, one doesn't need to be strict to consider it to be longer than 2 gudalin. <ref>How long is kdei aniva? There’s several opinions about this topic:

*Smag- long enough to loop around all the rest of the 7 strings.
*Chayei Adam, Kitzur Shulchan Aruch 9:13- 4 gudalin, Beiur Halacha: 2 gudalin, Eliya Rabba (paskening like Rif and Rosh)- long enough to loop around just 1 string (very short).
*The Beiur Halacha concludes that there’s no need to be strict for more than 2 gudalin. And he says if you have no choice, you can rely on the Eliya Rabba. see [http://ph.yhb.org.il/07-08-11/ Peninei Halacha]</ref>
#How long is the shiur of 2 godlin in practical terms? Chazon Ish : 5 cm, Rav Chaim Naeh: 4 cm. Rav Mordechai Eliyahu (comments to Kitzur 9:13) writes that Kedi Anivah is 4 cm.

===Yad Soledet Bo===

#For purposes of cooking on Shabbat and Kashrut, Yad Soledet Bo is certainly hotter than 113 degrees Fahrenheit. <ref>Shemirat Shabbat Kehilchata (ch. 1, note 3), Badei Hashulchan 92:151</ref> Others are concerned for anything over 110 degrees Fahrenheit and over 160 degrees is certainly yad soledet bo. <ref>Igrot Moshe (OC 4:74 Bishul no. 3), The Laws of Kashrut p. 111). [https://www.yutorah.org/sidebar/lecture.cfm/788227/rabbi-hershel-schachter/kashrus-in-the-home/ Rav Hershel Schachter ("Kashrus in the Home" 2012, about min 30)] quotes Rav Soloveitchik that yad soledet bo is at least 140 degrees and no more than 160 degrees.</ref>

==Links==

*[http://www.yutorah.org/lectures/lecture.cfm/763395/Rabbi_Michael_Taubes/_Parshas_Eikev_How_Big_is_a_Kezayis_ How Big is a Kezayis] by Rabbi Michael Taubes

==Sources==
<references />
[[Category:Brachot]]

Abiding by Civilian Law

2019-07-23T01:14:22Z

Ezralevy: /* Paying Taxes */

In general, there is a halachic principle called dina d'malkuta dina, which means that Halacha demands obedience to the laws made by civil authorities. However, it's important to note that this principle is limited and is discussed at length by the modern day Rabbinic authorities.<ref>[http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf See article by Rabbi Ari Wasserman]</ref>
==Source==

#Many assume that dina d'malchusa is binding from the Torah.<ref>Rashi Gittin 9b s.v. “chutz,” Meiri Nedarim 28a. Vilna Gaon C.M. 369:34</ref> Some say dina d'malchusa is Rabbinic in nature<ref>Beis Shmuel C.M. 28:3</ref>
#The Gemara says Dina D'Malchusa Dina ("the law of the land is the law").<ref>Baba Kama 113a, Nedarim 28a, Gittin 10b, Bava Basra 54b. The principle of dina di'alchusa dina is accepted as the halacha (Ritva Nedarim 28a says that there's no opinion in the Gemara that argues with it). Rambam Hilchot Gezelot 5:11 and Shulchan Aruch Choshen Mishpat 369:6 codify this principle as halacha regarding the taxes of the government. Shulchan Aruch C.M. 104:2 quotes this with regards to paying debts. </ref>
##Some explain this is a social contract.<ref>Rambam Hilchot Gezelah Vaveidah 5:18 and Rashbam Bava Basra 54b s.v. "Viahamar Shmuel" writes that the taxes and laws of the king are binding because the people accept it upon themselves. The Terumas HaDeshen 341 notes that this is true even if you voted against this government. Legislation is part of the way government runs and by living in the country, you establish that you accept its laws. Avnei Nezer YD 312:12 elaborates on this idea and explains that it is based on the phrase על ממלכתו הוא ובניו בקרב ישראל (Devarim 17:20) that the authority of a king derives from the consent of his people. An expression of how dina d'malchusa is based on the people is that the people of that country accept to use the coins of that king, and the Rambam says this shows their acceptance of the king. (Gra C.M. 369:9). </ref>
##Others explain that the land belongs to the king.<ref>Ran Nedarim 28a s.v. "Bamoches" says because the land belongs to the king, he can make the laws, and if you don't abide he can kick you out of his land. Shitah Mekubetzes Nedarim 28a explains that this is just like all property owners who can insist on standards on their property. Chatam Sofer 1:44 writes that the Ran is only referring to taxes that are against the will of the people, but laws related to custom and manners even the Ran agrees that these are binding because the people agree to the king's dominion. [http://www.daat.ac.il/daat/kitveyet/shana/ariel2-1.htm Rav Yakov Arieli] extends the Chatom Sofer to any taxes that are for the benefit of the people such as money spent on highways and bridges.</ref>
##Others explain that the king has dominion over all property in the country.<ref>Rabbenu Yona (Aliyot of Rabbenu Yona Bava Basra 54b s.v. "Umi Amar") says this works like hefker beis din hefker, that the king has dominion over all property. </ref>
##Others explain that the Torah has a concept of a king, and that only makes sense if we must follow his laws.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121). Mabit (Kiryat Sefer Gezela 5:14). Meiri (Nedarim 28a) and the Vilna Gaon (C.M. 369:34) say that this is derived from the laws of a king derived from Sefer Shmuel Alef Perek 8.</ref>
#Dina D'Malchusa is determined based on how a law is enforced, not how it is written on the books<ref>Rav Asher Weiss (Shut Michas Asher 2:123) with regards to building a succah against the zoning laws that if the police don't enforce them, it is not a violation of dina d'malchusa. [http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf Article by Rabbi Ari Wasserman] quoting from Rav Pinchas Scheinberg with regards to speeding. Speeding is forbidden under dina d'malchusa, but the definition of speeding is dependent on how it is enforced, not the posted speed limit. Rabbi Aryeh Lebowitz quotes both sides of this discussion at 8:30 in this shiur <nowiki>https://www.yutorah.org/lectures/lecture.cfm/781443/rabbi-aryeh-lebowitz/ten-minute-halacha-obeying-traffic-laws/</nowiki></ref>
#Dina D'Malchusa is subject to interpretation based on logic.<ref>Rav Asher Weiss (Shut Michas Asher 2:123) says that late at night one can run a red light when you can clearly see that there is nobody coming and nobody looking who may learn from your behavior as the law didn't intend to prohibit this.</ref>

==To Who Does it Apply==

#Dina d'malchusa dina applies to all appointed officials who are keeping to the local laws, not just the king.<ref>Shut Rashba 1:637</ref>
#Some say Dina D'malchusa doesn't apply when there is an interaction between two Jews.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quotes the Chazon Ish who holds like Rabbenu Yonah Bava Batra 54 that dina d'malchusa is only between a Jew and a non-Jew</ref> Others argue that it applies between all people.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quoting Rama C.M. 369 </ref>

==To Which Laws Does it Apply==

#There is a discussion as to which laws one is obligated to follow the dina d'malchusa:
##Some say that dina d'malchusa dina only applies to laws related directly to the land (i.e. real estate).<ref>Rama C.M. 369:8. Rav Asher Weiss (Shut Minchas Asher 2:121:4:3) suggests that this works nicely with the opinion of the Ran quoted above that dina d'malchusa works because the land belongs to the king. However, according to the Rashbam quoted above that dina d'malchusa is a social contract, one could argue that there is no reason to distinguish between laws related to the land and other laws. However, he suggests that even according to the Ran, you don't have to distinguish as since the land belongs to him, he makes the rules</ref>
##Some say that dina d'malchusa dina applies to all financial matters<ref>Ra’aviah brought in Beis Yosef C.M. 369</ref>
##Some say that dina d'malchusa dina applies to government legislation, but not to rulings of the secular court. <ref>Sema 369:21 trying to resolve a contradiction between Rama C.M. 369:8 where he says dina d'malchusa applies across the board and 369:11 where he limits it to things which are beneficial for the king or for the good of the people, but not about going to secular court</ref>
##Some say that dina d'malchusa dina applies to government legislation and rulings of the secular court as long as they are for the benefit of society, but personal matters are not under the jurisdiction of dina d'malchusa.<ref>Rav Moshe Feinstein (Igros Moshe C.M. 2:62) quotes the Sema's explanation and disagrees discussing bankruptcy laws. See Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121:4:4) where he applies dina d'malchusa to cases such as traffic laws, sanitation laws, and mandatory inoculation.</ref>
#Dina D'malchusa is ineffective in causing an Asmachta to be binding.<ref>Emek Hamishpat 1:31:18 citing Maharsham in Mishpat Shalom 207:15</ref>
#We do not say Dina D'Malchusa when it contradicts the laws of the Torah.<ref>Shach C.M. 73:39. Rav Asher Weiss Minchas Asher 2:122 explains that this means we don't follow the dina d'malchusa when it contradicts with Torah values. Chazon Ish C.M. Likutim 16:1 questions this as all cases are against Torah Law. Teshuva MiAhava 1:117 discusses a case when there is a law that only certain rabbis can officiate at weddings and a different rabbi officiates. He concludes that the marriage is binding, but he did the wrong thing as dina d'malchusa is binding. Similarly, Rav Asher Weiss (Shut Michas Asher 2:123) discusses building a succah on your property when it is against zoning laws. He says although you have fulfilled your mitzvah of succah, you violated dina d'malchusa unless this is something the police know about and don't enforce</ref>

==Where Does it Apply==

#Dina d'malchuta dina applies to democracies such as the United States.<ref>Halachos of Other People's Money pg. 34. see note 71 where he quotes from Rav Yosef Eliyahu Henkin (Writings of Rav Yosef Eliyahu Henkin 96:8), Rav Shlomo Zalman Auerbach (Maadanei Eretz 20:8), Rav Moshe Feinstein (Igrot Moshe CM 2:62), Shevet Halevi 2:58. This makes sense with the Rashbam and Rambam that dina d'malchusa is a social contract. One could argue that according to the Ran that the reason for dina d'malchusa is that the king owns the land, this shouldn't apply to a democracy. However, Pe’as Sadecha (165) writes that even according to the Ran, dina d’malchusa dina applies because in a democracy the country belongs to the people, and their elected representatives have the same power as a king to legislate. </ref>
#Some say that dina d'malchusa doesn't apply in Israel. However, most authorities rule that it does apply.<ref>Ran Nedarim 28a s.v. Bamoches writes that Dina Dmalchusa is based on the fact that the king owns the land and everyone has to abide by his law. However, in Israel where Hashem gave the land to the Jewish people, there is no Dina Dmalchuta. This is quoted in Darkei Moshe CM 369:3 and Gra 369:35. Emek Hamishpat 1:31:18 writes that in his opinion we follow the Ran. The Chasam Sofer C.M. 44 says that according to the Rashbam, dina d'malchusa still applies. The Rambam (Hilchos Gezeilah 5:11), Tur and Shulchan Aruch (Choshen Mishpat 369:6) all rule against the Ran. This is also the opinion of Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121).</ref>

==Paying Taxes==
# There is an obligation to pay a standardized tax.<ref>Mordechai, Gittin, Perek Hameivi Get 325; Rambam Hilchot Gezela 5:12, Shulchan Aruch Choshen Mishpat 369:7. Meiri Baba Kama 113b applies to a progressive tax system, even if that tax is not in keeping with halachic methods. See Mishneh Halachot 12:445 who is of the opinion that avoiding paying taxes is only considered hafkat halvato, not paying up a loan, and not stealing.</ref>
# There is no obligation to pay unfair taxes. An unfair tax is defined as a tax that is inconsistent, as it varied subjectively from person to person.<ref> Shulchan Aruch C.M. 369:6. Rama adds that a tax that is unique for Jews is considered a legitimate tax. </ref>
# One who does not pay taxes violates a Torah commandment of “lo tigzol” (Vayikra 19:13), as one is stealing from the government.<ref> Shulchan Aruch C.M. 369:6. Rabbi Menashe Klein writes that tax evasion is equivalent to hafkaat halvaa, withholding payment for debt, which is only prohibited in case of chillul hashem (Mishneh Halachot, Chelek 12, Siman 445). </ref>
# One who violates tax laws of a country with a legitimate system of taxes is obligated to pay the resulting fines. <ref> Shulchan Aruch Choshen Mishpat 369:7; Rambam, Hilchos Melachim 4:1, Hilchos Gezeilah 5:12 </ref>
# A Jew is permitted to work a tax agency and turn in Jews found guilty.<ref> Shevet Halevi, Chelek 2, Siman 18 </ref>
# It is prohibited to avoid paying taxes in a democracy such as the United States.<ref> Shu"t Igrot Moshe CM 2:29, Shu"t Shevet Halevi 2:58, [https://www.torahweb.org/torah/special/2005/rsch_taxes.html Rav Hershel Schachter]. see there where Rav Schachter writes that taxes nowadays would not only be binding because of dina dimalchuta dina. Paying taxes is also your obligation to the partnership because taxes are used to provide services to the citizens (fire, police, military, garbage, mail etc). All the people of the city, state, country have to contribute to provide for that. Thus, one who withholds his taxes is not only taking from the government. He is taking from the other citizens, which inevitably includes other Jews. </ref>
# According to some poskim, patronizing a Jewish merchant who cheats on his taxes violates the Biblical prohibition of lifnei iver.<ref> [https://www.jlaw.com/Commentary/payingtaxes.html Eli Clark] quoted from Rav Hershel Schachter </ref>

==Examples==

#If a person or company went bankrupt they do not have an enduring obligation to pay off their debt because bankruptcy laws are established and reasonable laws of the government.<ref>Igrot Moshe CM 2:62, Halachos of Other People’s Money p. 34 fnt. 71. Rav Moshe explains that since the bankruptcy laws are for the betterment of society which the Rama 369:8 writes is binding.</ref>
#If there’s a civil law to hand in a lost object that is found to a government official one must oblige because of Dina Dmalchuta Dina.<ref>Rama 259:7, Pitchei Choshen Aveidah 2:22</ref> See [https://www.law.cornell.edu/wex/lost_property common law on Cornell.edu].
#Some write that if a person has a contract with a penalty that is an asmachta even though it is binding in a secular court dina dmalchuta doesn’t make it binding between two Jews.<ref>Emek Mishpat v. 1 p. 260 writes that one should not assume that dina dmalchuta obligates a person to pay a contractual penalty. He explains that they are an asmachta and dina dmalchuta doesn't apply in Israel (Ran Nedarim 28a, Darkei Moshe 369:3, Gra 369:35). Also, he adds that Mishpat Shalom 207:15 writes that dina dmaclhuta doesn't make an asmachta binding. Also, Chazon Ish CM likkutim 16:11 writes that dina dmalchuta isn't applicable for a contractual penalty since dina dmalchuta doesn’t apply between two Jews.</ref>

==Stealing from the Government==

#see [[Being Careful With Other People's Money#Stealing_from_the_Government|Stealing from the government]]

==See Also==
[[Secular Court]]
==Sources==
<references />

Abiding by Civilian Law

2019-07-23T01:13:59Z

Ezralevy: /* Paying Taxes */

In general, there is a halachic principle called dina d'malkuta dina, which means that Halacha demands obedience to the laws made by civil authorities. However, it's important to note that this principle is limited and is discussed at length by the modern day Rabbinic authorities.<ref>[http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf See article by Rabbi Ari Wasserman]</ref>
==Source==

#Many assume that dina d'malchusa is binding from the Torah.<ref>Rashi Gittin 9b s.v. “chutz,” Meiri Nedarim 28a. Vilna Gaon C.M. 369:34</ref> Some say dina d'malchusa is Rabbinic in nature<ref>Beis Shmuel C.M. 28:3</ref>
#The Gemara says Dina D'Malchusa Dina ("the law of the land is the law").<ref>Baba Kama 113a, Nedarim 28a, Gittin 10b, Bava Basra 54b. The principle of dina di'alchusa dina is accepted as the halacha (Ritva Nedarim 28a says that there's no opinion in the Gemara that argues with it). Rambam Hilchot Gezelot 5:11 and Shulchan Aruch Choshen Mishpat 369:6 codify this principle as halacha regarding the taxes of the government. Shulchan Aruch C.M. 104:2 quotes this with regards to paying debts. </ref>
##Some explain this is a social contract.<ref>Rambam Hilchot Gezelah Vaveidah 5:18 and Rashbam Bava Basra 54b s.v. "Viahamar Shmuel" writes that the taxes and laws of the king are binding because the people accept it upon themselves. The Terumas HaDeshen 341 notes that this is true even if you voted against this government. Legislation is part of the way government runs and by living in the country, you establish that you accept its laws. Avnei Nezer YD 312:12 elaborates on this idea and explains that it is based on the phrase על ממלכתו הוא ובניו בקרב ישראל (Devarim 17:20) that the authority of a king derives from the consent of his people. An expression of how dina d'malchusa is based on the people is that the people of that country accept to use the coins of that king, and the Rambam says this shows their acceptance of the king. (Gra C.M. 369:9). </ref>
##Others explain that the land belongs to the king.<ref>Ran Nedarim 28a s.v. "Bamoches" says because the land belongs to the king, he can make the laws, and if you don't abide he can kick you out of his land. Shitah Mekubetzes Nedarim 28a explains that this is just like all property owners who can insist on standards on their property. Chatam Sofer 1:44 writes that the Ran is only referring to taxes that are against the will of the people, but laws related to custom and manners even the Ran agrees that these are binding because the people agree to the king's dominion. [http://www.daat.ac.il/daat/kitveyet/shana/ariel2-1.htm Rav Yakov Arieli] extends the Chatom Sofer to any taxes that are for the benefit of the people such as money spent on highways and bridges.</ref>
##Others explain that the king has dominion over all property in the country.<ref>Rabbenu Yona (Aliyot of Rabbenu Yona Bava Basra 54b s.v. "Umi Amar") says this works like hefker beis din hefker, that the king has dominion over all property. </ref>
##Others explain that the Torah has a concept of a king, and that only makes sense if we must follow his laws.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121). Mabit (Kiryat Sefer Gezela 5:14). Meiri (Nedarim 28a) and the Vilna Gaon (C.M. 369:34) say that this is derived from the laws of a king derived from Sefer Shmuel Alef Perek 8.</ref>
#Dina D'Malchusa is determined based on how a law is enforced, not how it is written on the books<ref>Rav Asher Weiss (Shut Michas Asher 2:123) with regards to building a succah against the zoning laws that if the police don't enforce them, it is not a violation of dina d'malchusa. [http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf Article by Rabbi Ari Wasserman] quoting from Rav Pinchas Scheinberg with regards to speeding. Speeding is forbidden under dina d'malchusa, but the definition of speeding is dependent on how it is enforced, not the posted speed limit. Rabbi Aryeh Lebowitz quotes both sides of this discussion at 8:30 in this shiur <nowiki>https://www.yutorah.org/lectures/lecture.cfm/781443/rabbi-aryeh-lebowitz/ten-minute-halacha-obeying-traffic-laws/</nowiki></ref>
#Dina D'Malchusa is subject to interpretation based on logic.<ref>Rav Asher Weiss (Shut Michas Asher 2:123) says that late at night one can run a red light when you can clearly see that there is nobody coming and nobody looking who may learn from your behavior as the law didn't intend to prohibit this.</ref>

==To Who Does it Apply==

#Dina d'malchusa dina applies to all appointed officials who are keeping to the local laws, not just the king.<ref>Shut Rashba 1:637</ref>
#Some say Dina D'malchusa doesn't apply when there is an interaction between two Jews.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quotes the Chazon Ish who holds like Rabbenu Yonah Bava Batra 54 that dina d'malchusa is only between a Jew and a non-Jew</ref> Others argue that it applies between all people.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quoting Rama C.M. 369 </ref>

==To Which Laws Does it Apply==

#There is a discussion as to which laws one is obligated to follow the dina d'malchusa:
##Some say that dina d'malchusa dina only applies to laws related directly to the land (i.e. real estate).<ref>Rama C.M. 369:8. Rav Asher Weiss (Shut Minchas Asher 2:121:4:3) suggests that this works nicely with the opinion of the Ran quoted above that dina d'malchusa works because the land belongs to the king. However, according to the Rashbam quoted above that dina d'malchusa is a social contract, one could argue that there is no reason to distinguish between laws related to the land and other laws. However, he suggests that even according to the Ran, you don't have to distinguish as since the land belongs to him, he makes the rules</ref>
##Some say that dina d'malchusa dina applies to all financial matters<ref>Ra’aviah brought in Beis Yosef C.M. 369</ref>
##Some say that dina d'malchusa dina applies to government legislation, but not to rulings of the secular court. <ref>Sema 369:21 trying to resolve a contradiction between Rama C.M. 369:8 where he says dina d'malchusa applies across the board and 369:11 where he limits it to things which are beneficial for the king or for the good of the people, but not about going to secular court</ref>
##Some say that dina d'malchusa dina applies to government legislation and rulings of the secular court as long as they are for the benefit of society, but personal matters are not under the jurisdiction of dina d'malchusa.<ref>Rav Moshe Feinstein (Igros Moshe C.M. 2:62) quotes the Sema's explanation and disagrees discussing bankruptcy laws. See Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121:4:4) where he applies dina d'malchusa to cases such as traffic laws, sanitation laws, and mandatory inoculation.</ref>
#Dina D'malchusa is ineffective in causing an Asmachta to be binding.<ref>Emek Hamishpat 1:31:18 citing Maharsham in Mishpat Shalom 207:15</ref>
#We do not say Dina D'Malchusa when it contradicts the laws of the Torah.<ref>Shach C.M. 73:39. Rav Asher Weiss Minchas Asher 2:122 explains that this means we don't follow the dina d'malchusa when it contradicts with Torah values. Chazon Ish C.M. Likutim 16:1 questions this as all cases are against Torah Law. Teshuva MiAhava 1:117 discusses a case when there is a law that only certain rabbis can officiate at weddings and a different rabbi officiates. He concludes that the marriage is binding, but he did the wrong thing as dina d'malchusa is binding. Similarly, Rav Asher Weiss (Shut Michas Asher 2:123) discusses building a succah on your property when it is against zoning laws. He says although you have fulfilled your mitzvah of succah, you violated dina d'malchusa unless this is something the police know about and don't enforce</ref>

==Where Does it Apply==

#Dina d'malchuta dina applies to democracies such as the United States.<ref>Halachos of Other People's Money pg. 34. see note 71 where he quotes from Rav Yosef Eliyahu Henkin (Writings of Rav Yosef Eliyahu Henkin 96:8), Rav Shlomo Zalman Auerbach (Maadanei Eretz 20:8), Rav Moshe Feinstein (Igrot Moshe CM 2:62), Shevet Halevi 2:58. This makes sense with the Rashbam and Rambam that dina d'malchusa is a social contract. One could argue that according to the Ran that the reason for dina d'malchusa is that the king owns the land, this shouldn't apply to a democracy. However, Pe’as Sadecha (165) writes that even according to the Ran, dina d’malchusa dina applies because in a democracy the country belongs to the people, and their elected representatives have the same power as a king to legislate. </ref>
#Some say that dina d'malchusa doesn't apply in Israel. However, most authorities rule that it does apply.<ref>Ran Nedarim 28a s.v. Bamoches writes that Dina Dmalchusa is based on the fact that the king owns the land and everyone has to abide by his law. However, in Israel where Hashem gave the land to the Jewish people, there is no Dina Dmalchuta. This is quoted in Darkei Moshe CM 369:3 and Gra 369:35. Emek Hamishpat 1:31:18 writes that in his opinion we follow the Ran. The Chasam Sofer C.M. 44 says that according to the Rashbam, dina d'malchusa still applies. The Rambam (Hilchos Gezeilah 5:11), Tur and Shulchan Aruch (Choshen Mishpat 369:6) all rule against the Ran. This is also the opinion of Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121).</ref>

==Paying Taxes==
# There is an obligation to pay a standardized tax.<ref>Mordechai, Gittin, Perek Hameivi Get 325; Rambam Hilchot Gezela 5:12, Shulchan Aruch Choshen Mishpat 369:7. Meiri Baba Kama 113b applies to a progressive tax system, even if that tax is not in keeping with halachic methods. See Mishneh Halachot 12:445 who is of the opinion that avoiding paying taxes is only considered hafkat halvato, not paying up a loan, and not stealing.</ref>
# There is no obligation to pay unfair taxes. An unfair tax is defined as a tax that is inconsistent, as it varied subjectively from person to person.<ref> Shulchan Aruch C.M. 369:6. Rama adds that a tax that is unique for Jews is considered a legitimate tax. </ref>
# One who does not pay taxes violates a Torah commandment of “lo tigzol” (Vayikra 19:13), as one is stealing from the government.<ref> Shulchan Aruch C.M. 369:6. *Rabbi Menashe Klein writes that tax evasion is equivalent to hafkaat halvaa, withholding payment for debt, which is only prohibited in case of chillul hashem (Mishneh Halachot, Chelek 12, Siman 445).* </ref>
# One who violates tax laws of a country with a legitimate system of taxes is obligated to pay the resulting fines. <ref> Shulchan Aruch Choshen Mishpat 369:7; Rambam, Hilchos Melachim 4:1, Hilchos Gezeilah 5:12 </ref>
# A Jew is permitted to work a tax agency and turn in Jews found guilty.<ref> Shevet Halevi, Chelek 2, Siman 18 </ref>
# It is prohibited to avoid paying taxes in a democracy such as the United States.<ref> Shu"t Igrot Moshe CM 2:29, Shu"t Shevet Halevi 2:58, [https://www.torahweb.org/torah/special/2005/rsch_taxes.html Rav Hershel Schachter]. see there where Rav Schachter writes that taxes nowadays would not only be binding because of dina dimalchuta dina. Paying taxes is also your obligation to the partnership because taxes are used to provide services to the citizens (fire, police, military, garbage, mail etc). All the people of the city, state, country have to contribute to provide for that. Thus, one who withholds his taxes is not only taking from the government. He is taking from the other citizens, which inevitably includes other Jews. </ref>
# According to some poskim, patronizing a Jewish merchant who cheats on his taxes violates the Biblical prohibition of lifnei iver.<ref> [https://www.jlaw.com/Commentary/payingtaxes.html Eli Clark] quoted from Rav Hershel Schachter </ref>

==Examples==

#If a person or company went bankrupt they do not have an enduring obligation to pay off their debt because bankruptcy laws are established and reasonable laws of the government.<ref>Igrot Moshe CM 2:62, Halachos of Other People’s Money p. 34 fnt. 71. Rav Moshe explains that since the bankruptcy laws are for the betterment of society which the Rama 369:8 writes is binding.</ref>
#If there’s a civil law to hand in a lost object that is found to a government official one must oblige because of Dina Dmalchuta Dina.<ref>Rama 259:7, Pitchei Choshen Aveidah 2:22</ref> See [https://www.law.cornell.edu/wex/lost_property common law on Cornell.edu].
#Some write that if a person has a contract with a penalty that is an asmachta even though it is binding in a secular court dina dmalchuta doesn’t make it binding between two Jews.<ref>Emek Mishpat v. 1 p. 260 writes that one should not assume that dina dmalchuta obligates a person to pay a contractual penalty. He explains that they are an asmachta and dina dmalchuta doesn't apply in Israel (Ran Nedarim 28a, Darkei Moshe 369:3, Gra 369:35). Also, he adds that Mishpat Shalom 207:15 writes that dina dmaclhuta doesn't make an asmachta binding. Also, Chazon Ish CM likkutim 16:11 writes that dina dmalchuta isn't applicable for a contractual penalty since dina dmalchuta doesn’t apply between two Jews.</ref>

==Stealing from the Government==

#see [[Being Careful With Other People's Money#Stealing_from_the_Government|Stealing from the government]]

==See Also==
[[Secular Court]]
==Sources==
<references />

Abiding by Civilian Law

2019-07-23T01:13:31Z

Ezralevy: /* Paying Taxes */

In general, there is a halachic principle called dina d'malkuta dina, which means that Halacha demands obedience to the laws made by civil authorities. However, it's important to note that this principle is limited and is discussed at length by the modern day Rabbinic authorities.<ref>[http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf See article by Rabbi Ari Wasserman]</ref>
==Source==

#Many assume that dina d'malchusa is binding from the Torah.<ref>Rashi Gittin 9b s.v. “chutz,” Meiri Nedarim 28a. Vilna Gaon C.M. 369:34</ref> Some say dina d'malchusa is Rabbinic in nature<ref>Beis Shmuel C.M. 28:3</ref>
#The Gemara says Dina D'Malchusa Dina ("the law of the land is the law").<ref>Baba Kama 113a, Nedarim 28a, Gittin 10b, Bava Basra 54b. The principle of dina di'alchusa dina is accepted as the halacha (Ritva Nedarim 28a says that there's no opinion in the Gemara that argues with it). Rambam Hilchot Gezelot 5:11 and Shulchan Aruch Choshen Mishpat 369:6 codify this principle as halacha regarding the taxes of the government. Shulchan Aruch C.M. 104:2 quotes this with regards to paying debts. </ref>
##Some explain this is a social contract.<ref>Rambam Hilchot Gezelah Vaveidah 5:18 and Rashbam Bava Basra 54b s.v. "Viahamar Shmuel" writes that the taxes and laws of the king are binding because the people accept it upon themselves. The Terumas HaDeshen 341 notes that this is true even if you voted against this government. Legislation is part of the way government runs and by living in the country, you establish that you accept its laws. Avnei Nezer YD 312:12 elaborates on this idea and explains that it is based on the phrase על ממלכתו הוא ובניו בקרב ישראל (Devarim 17:20) that the authority of a king derives from the consent of his people. An expression of how dina d'malchusa is based on the people is that the people of that country accept to use the coins of that king, and the Rambam says this shows their acceptance of the king. (Gra C.M. 369:9). </ref>
##Others explain that the land belongs to the king.<ref>Ran Nedarim 28a s.v. "Bamoches" says because the land belongs to the king, he can make the laws, and if you don't abide he can kick you out of his land. Shitah Mekubetzes Nedarim 28a explains that this is just like all property owners who can insist on standards on their property. Chatam Sofer 1:44 writes that the Ran is only referring to taxes that are against the will of the people, but laws related to custom and manners even the Ran agrees that these are binding because the people agree to the king's dominion. [http://www.daat.ac.il/daat/kitveyet/shana/ariel2-1.htm Rav Yakov Arieli] extends the Chatom Sofer to any taxes that are for the benefit of the people such as money spent on highways and bridges.</ref>
##Others explain that the king has dominion over all property in the country.<ref>Rabbenu Yona (Aliyot of Rabbenu Yona Bava Basra 54b s.v. "Umi Amar") says this works like hefker beis din hefker, that the king has dominion over all property. </ref>
##Others explain that the Torah has a concept of a king, and that only makes sense if we must follow his laws.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121). Mabit (Kiryat Sefer Gezela 5:14). Meiri (Nedarim 28a) and the Vilna Gaon (C.M. 369:34) say that this is derived from the laws of a king derived from Sefer Shmuel Alef Perek 8.</ref>
#Dina D'Malchusa is determined based on how a law is enforced, not how it is written on the books<ref>Rav Asher Weiss (Shut Michas Asher 2:123) with regards to building a succah against the zoning laws that if the police don't enforce them, it is not a violation of dina d'malchusa. [http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf Article by Rabbi Ari Wasserman] quoting from Rav Pinchas Scheinberg with regards to speeding. Speeding is forbidden under dina d'malchusa, but the definition of speeding is dependent on how it is enforced, not the posted speed limit. Rabbi Aryeh Lebowitz quotes both sides of this discussion at 8:30 in this shiur <nowiki>https://www.yutorah.org/lectures/lecture.cfm/781443/rabbi-aryeh-lebowitz/ten-minute-halacha-obeying-traffic-laws/</nowiki></ref>
#Dina D'Malchusa is subject to interpretation based on logic.<ref>Rav Asher Weiss (Shut Michas Asher 2:123) says that late at night one can run a red light when you can clearly see that there is nobody coming and nobody looking who may learn from your behavior as the law didn't intend to prohibit this.</ref>

==To Who Does it Apply==

#Dina d'malchusa dina applies to all appointed officials who are keeping to the local laws, not just the king.<ref>Shut Rashba 1:637</ref>
#Some say Dina D'malchusa doesn't apply when there is an interaction between two Jews.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quotes the Chazon Ish who holds like Rabbenu Yonah Bava Batra 54 that dina d'malchusa is only between a Jew and a non-Jew</ref> Others argue that it applies between all people.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quoting Rama C.M. 369 </ref>

==To Which Laws Does it Apply==

#There is a discussion as to which laws one is obligated to follow the dina d'malchusa:
##Some say that dina d'malchusa dina only applies to laws related directly to the land (i.e. real estate).<ref>Rama C.M. 369:8. Rav Asher Weiss (Shut Minchas Asher 2:121:4:3) suggests that this works nicely with the opinion of the Ran quoted above that dina d'malchusa works because the land belongs to the king. However, according to the Rashbam quoted above that dina d'malchusa is a social contract, one could argue that there is no reason to distinguish between laws related to the land and other laws. However, he suggests that even according to the Ran, you don't have to distinguish as since the land belongs to him, he makes the rules</ref>
##Some say that dina d'malchusa dina applies to all financial matters<ref>Ra’aviah brought in Beis Yosef C.M. 369</ref>
##Some say that dina d'malchusa dina applies to government legislation, but not to rulings of the secular court. <ref>Sema 369:21 trying to resolve a contradiction between Rama C.M. 369:8 where he says dina d'malchusa applies across the board and 369:11 where he limits it to things which are beneficial for the king or for the good of the people, but not about going to secular court</ref>
##Some say that dina d'malchusa dina applies to government legislation and rulings of the secular court as long as they are for the benefit of society, but personal matters are not under the jurisdiction of dina d'malchusa.<ref>Rav Moshe Feinstein (Igros Moshe C.M. 2:62) quotes the Sema's explanation and disagrees discussing bankruptcy laws. See Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121:4:4) where he applies dina d'malchusa to cases such as traffic laws, sanitation laws, and mandatory inoculation.</ref>
#Dina D'malchusa is ineffective in causing an Asmachta to be binding.<ref>Emek Hamishpat 1:31:18 citing Maharsham in Mishpat Shalom 207:15</ref>
#We do not say Dina D'Malchusa when it contradicts the laws of the Torah.<ref>Shach C.M. 73:39. Rav Asher Weiss Minchas Asher 2:122 explains that this means we don't follow the dina d'malchusa when it contradicts with Torah values. Chazon Ish C.M. Likutim 16:1 questions this as all cases are against Torah Law. Teshuva MiAhava 1:117 discusses a case when there is a law that only certain rabbis can officiate at weddings and a different rabbi officiates. He concludes that the marriage is binding, but he did the wrong thing as dina d'malchusa is binding. Similarly, Rav Asher Weiss (Shut Michas Asher 2:123) discusses building a succah on your property when it is against zoning laws. He says although you have fulfilled your mitzvah of succah, you violated dina d'malchusa unless this is something the police know about and don't enforce</ref>

==Where Does it Apply==

#Dina d'malchuta dina applies to democracies such as the United States.<ref>Halachos of Other People's Money pg. 34. see note 71 where he quotes from Rav Yosef Eliyahu Henkin (Writings of Rav Yosef Eliyahu Henkin 96:8), Rav Shlomo Zalman Auerbach (Maadanei Eretz 20:8), Rav Moshe Feinstein (Igrot Moshe CM 2:62), Shevet Halevi 2:58. This makes sense with the Rashbam and Rambam that dina d'malchusa is a social contract. One could argue that according to the Ran that the reason for dina d'malchusa is that the king owns the land, this shouldn't apply to a democracy. However, Pe’as Sadecha (165) writes that even according to the Ran, dina d’malchusa dina applies because in a democracy the country belongs to the people, and their elected representatives have the same power as a king to legislate. </ref>
#Some say that dina d'malchusa doesn't apply in Israel. However, most authorities rule that it does apply.<ref>Ran Nedarim 28a s.v. Bamoches writes that Dina Dmalchusa is based on the fact that the king owns the land and everyone has to abide by his law. However, in Israel where Hashem gave the land to the Jewish people, there is no Dina Dmalchuta. This is quoted in Darkei Moshe CM 369:3 and Gra 369:35. Emek Hamishpat 1:31:18 writes that in his opinion we follow the Ran. The Chasam Sofer C.M. 44 says that according to the Rashbam, dina d'malchusa still applies. The Rambam (Hilchos Gezeilah 5:11), Tur and Shulchan Aruch (Choshen Mishpat 369:6) all rule against the Ran. This is also the opinion of Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121).</ref>

==Paying Taxes==
# There is an obligation to pay a standardized tax.<ref>Mordechai, Gittin, Perek Hameivi Get 325; Rambam Hilchot Gezela 5:12, Shulchan Aruch Choshen Mishpat 369:7. Meiri Baba Kama 113b applies to a progressive tax system, even if that tax is not in keeping with halachic methods. See Mishneh Halachot 12:445 who is of the opinion that avoiding paying taxes is only considered hafkat halvato, not paying up a loan, and not stealing.</ref>
# There is no obligation to pay unfair taxes. An unfair tax is defined as a tax that is inconsistent, as it varied subjectively from person to person.<ref> Shulchan Aruch C.M. 369:6. Rama adds that a tax that is unique for Jews is considered a legitimate tax. </ref>
# One who does not pay taxes violates a Torah commandment of “lo tigzol” (Vayikra 19:13), as one is stealing from the government.<ref> Shulchan Aruch C.M. 369:6. *Rabbi Menashe Klein writes that tax evasion is equivalent to hafkaat halvaa, withholding payment for debt, which is only prohibited in case of chillul hashem (Mishneh Halachot, Chelek 12, Siman 445).</ref>
# One who violates tax laws of a country with a legitimate system of taxes is obligated to pay the resulting fines. <ref> Shulchan Aruch Choshen Mishpat 369:7; Rambam, Hilchos Melachim 4:1, Hilchos Gezeilah 5:12 </ref>
# A Jew is permitted to work a tax agency and turn in Jews found guilty.<ref> Shevet Halevi, Chelek 2, Siman 18 </ref>
# It is prohibited to avoid paying taxes in a democracy such as the United States.<ref> Shu"t Igrot Moshe CM 2:29, Shu"t Shevet Halevi 2:58, [https://www.torahweb.org/torah/special/2005/rsch_taxes.html Rav Hershel Schachter]. see there where Rav Schachter writes that taxes nowadays would not only be binding because of dina dimalchuta dina. Paying taxes is also your obligation to the partnership because taxes are used to provide services to the citizens (fire, police, military, garbage, mail etc). All the people of the city, state, country have to contribute to provide for that. Thus, one who withholds his taxes is not only taking from the government. He is taking from the other citizens, which inevitably includes other Jews. </ref>
# According to some poskim, patronizing a Jewish merchant who cheats on his taxes violates the Biblical prohibition of lifnei iver.<ref> [https://www.jlaw.com/Commentary/payingtaxes.html Eli Clark] quoted from Rav Hershel Schachter </ref>

==Examples==

#If a person or company went bankrupt they do not have an enduring obligation to pay off their debt because bankruptcy laws are established and reasonable laws of the government.<ref>Igrot Moshe CM 2:62, Halachos of Other People’s Money p. 34 fnt. 71. Rav Moshe explains that since the bankruptcy laws are for the betterment of society which the Rama 369:8 writes is binding.</ref>
#If there’s a civil law to hand in a lost object that is found to a government official one must oblige because of Dina Dmalchuta Dina.<ref>Rama 259:7, Pitchei Choshen Aveidah 2:22</ref> See [https://www.law.cornell.edu/wex/lost_property common law on Cornell.edu].
#Some write that if a person has a contract with a penalty that is an asmachta even though it is binding in a secular court dina dmalchuta doesn’t make it binding between two Jews.<ref>Emek Mishpat v. 1 p. 260 writes that one should not assume that dina dmalchuta obligates a person to pay a contractual penalty. He explains that they are an asmachta and dina dmalchuta doesn't apply in Israel (Ran Nedarim 28a, Darkei Moshe 369:3, Gra 369:35). Also, he adds that Mishpat Shalom 207:15 writes that dina dmaclhuta doesn't make an asmachta binding. Also, Chazon Ish CM likkutim 16:11 writes that dina dmalchuta isn't applicable for a contractual penalty since dina dmalchuta doesn’t apply between two Jews.</ref>

==Stealing from the Government==

#see [[Being Careful With Other People's Money#Stealing_from_the_Government|Stealing from the government]]

==See Also==
[[Secular Court]]
==Sources==
<references />

Abiding by Civilian Law

2019-07-23T00:35:47Z

Ezralevy: /* Paying Taxes */

In general, there is a halachic principle called dina d'malkuta dina, which means that Halacha demands obedience to the laws made by civil authorities. However, it's important to note that this principle is limited and is discussed at length by the modern day Rabbinic authorities.<ref>[http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf See article by Rabbi Ari Wasserman]</ref>
==Source==

#Many assume that dina d'malchusa is binding from the Torah.<ref>Rashi Gittin 9b s.v. “chutz,” Meiri Nedarim 28a. Vilna Gaon C.M. 369:34</ref> Some say dina d'malchusa is Rabbinic in nature<ref>Beis Shmuel C.M. 28:3</ref>
#The Gemara says Dina D'Malchusa Dina ("the law of the land is the law").<ref>Baba Kama 113a, Nedarim 28a, Gittin 10b, Bava Basra 54b. The principle of dina di'alchusa dina is accepted as the halacha (Ritva Nedarim 28a says that there's no opinion in the Gemara that argues with it). Rambam Hilchot Gezelot 5:11 and Shulchan Aruch Choshen Mishpat 369:6 codify this principle as halacha regarding the taxes of the government. Shulchan Aruch C.M. 104:2 quotes this with regards to paying debts. </ref>
##Some explain this is a social contract.<ref>Rambam Hilchot Gezelah Vaveidah 5:18 and Rashbam Bava Basra 54b s.v. "Viahamar Shmuel" writes that the taxes and laws of the king are binding because the people accept it upon themselves. The Terumas HaDeshen 341 notes that this is true even if you voted against this government. Legislation is part of the way government runs and by living in the country, you establish that you accept its laws. Avnei Nezer YD 312:12 elaborates on this idea and explains that it is based on the phrase על ממלכתו הוא ובניו בקרב ישראל (Devarim 17:20) that the authority of a king derives from the consent of his people. An expression of how dina d'malchusa is based on the people is that the people of that country accept to use the coins of that king, and the Rambam says this shows their acceptance of the king. (Gra C.M. 369:9). </ref>
##Others explain that the land belongs to the king.<ref>Ran Nedarim 28a s.v. "Bamoches" says because the land belongs to the king, he can make the laws, and if you don't abide he can kick you out of his land. Shitah Mekubetzes Nedarim 28a explains that this is just like all property owners who can insist on standards on their property. Chatam Sofer 1:44 writes that the Ran is only referring to taxes that are against the will of the people, but laws related to custom and manners even the Ran agrees that these are binding because the people agree to the king's dominion. [http://www.daat.ac.il/daat/kitveyet/shana/ariel2-1.htm Rav Yakov Arieli] extends the Chatom Sofer to any taxes that are for the benefit of the people such as money spent on highways and bridges.</ref>
##Others explain that the king has dominion over all property in the country.<ref>Rabbenu Yona (Aliyot of Rabbenu Yona Bava Basra 54b s.v. "Umi Amar") says this works like hefker beis din hefker, that the king has dominion over all property. </ref>
##Others explain that the Torah has a concept of a king, and that only makes sense if we must follow his laws.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121). Mabit (Kiryat Sefer Gezela 5:14). Meiri (Nedarim 28a) and the Vilna Gaon (C.M. 369:34) say that this is derived from the laws of a king derived from Sefer Shmuel Alef Perek 8.</ref>
#Dina D'Malchusa is determined based on how a law is enforced, not how it is written on the books<ref>Rav Asher Weiss (Shut Michas Asher 2:123) with regards to building a succah against the zoning laws that if the police don't enforce them, it is not a violation of dina d'malchusa. [http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf Article by Rabbi Ari Wasserman] quoting from Rav Pinchas Scheinberg with regards to speeding. Speeding is forbidden under dina d'malchusa, but the definition of speeding is dependent on how it is enforced, not the posted speed limit. Rabbi Aryeh Lebowitz quotes both sides of this discussion at 8:30 in this shiur <nowiki>https://www.yutorah.org/lectures/lecture.cfm/781443/rabbi-aryeh-lebowitz/ten-minute-halacha-obeying-traffic-laws/</nowiki></ref>
#Dina D'Malchusa is subject to interpretation based on logic.<ref>Rav Asher Weiss (Shut Michas Asher 2:123) says that late at night one can run a red light when you can clearly see that there is nobody coming and nobody looking who may learn from your behavior as the law didn't intend to prohibit this.</ref>

==To Who Does it Apply==

#Dina d'malchusa dina applies to all appointed officials who are keeping to the local laws, not just the king.<ref>Shut Rashba 1:637</ref>
#Some say Dina D'malchusa doesn't apply when there is an interaction between two Jews.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quotes the Chazon Ish who holds like Rabbenu Yonah Bava Batra 54 that dina d'malchusa is only between a Jew and a non-Jew</ref> Others argue that it applies between all people.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quoting Rama C.M. 369 </ref>

==To Which Laws Does it Apply==

#There is a discussion as to which laws one is obligated to follow the dina d'malchusa:
##Some say that dina d'malchusa dina only applies to laws related directly to the land (i.e. real estate).<ref>Rama C.M. 369:8. Rav Asher Weiss (Shut Minchas Asher 2:121:4:3) suggests that this works nicely with the opinion of the Ran quoted above that dina d'malchusa works because the land belongs to the king. However, according to the Rashbam quoted above that dina d'malchusa is a social contract, one could argue that there is no reason to distinguish between laws related to the land and other laws. However, he suggests that even according to the Ran, you don't have to distinguish as since the land belongs to him, he makes the rules</ref>
##Some say that dina d'malchusa dina applies to all financial matters<ref>Ra’aviah brought in Beis Yosef C.M. 369</ref>
##Some say that dina d'malchusa dina applies to government legislation, but not to rulings of the secular court. <ref>Sema 369:21 trying to resolve a contradiction between Rama C.M. 369:8 where he says dina d'malchusa applies across the board and 369:11 where he limits it to things which are beneficial for the king or for the good of the people, but not about going to secular court</ref>
##Some say that dina d'malchusa dina applies to government legislation and rulings of the secular court as long as they are for the benefit of society, but personal matters are not under the jurisdiction of dina d'malchusa.<ref>Rav Moshe Feinstein (Igros Moshe C.M. 2:62) quotes the Sema's explanation and disagrees discussing bankruptcy laws. See Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121:4:4) where he applies dina d'malchusa to cases such as traffic laws, sanitation laws, and mandatory inoculation.</ref>
#Dina D'malchusa is ineffective in causing an Asmachta to be binding.<ref>Emek Hamishpat 1:31:18 citing Maharsham in Mishpat Shalom 207:15</ref>
#We do not say Dina D'Malchusa when it contradicts the laws of the Torah.<ref>Shach C.M. 73:39. Rav Asher Weiss Minchas Asher 2:122 explains that this means we don't follow the dina d'malchusa when it contradicts with Torah values. Chazon Ish C.M. Likutim 16:1 questions this as all cases are against Torah Law. Teshuva MiAhava 1:117 discusses a case when there is a law that only certain rabbis can officiate at weddings and a different rabbi officiates. He concludes that the marriage is binding, but he did the wrong thing as dina d'malchusa is binding. Similarly, Rav Asher Weiss (Shut Michas Asher 2:123) discusses building a succah on your property when it is against zoning laws. He says although you have fulfilled your mitzvah of succah, you violated dina d'malchusa unless this is something the police know about and don't enforce</ref>

==Where Does it Apply==

#Dina d'malchuta dina applies to democracies such as the United States.<ref>Halachos of Other People's Money pg. 34. see note 71 where he quotes from Rav Yosef Eliyahu Henkin (Writings of Rav Yosef Eliyahu Henkin 96:8), Rav Shlomo Zalman Auerbach (Maadanei Eretz 20:8), Rav Moshe Feinstein (Igrot Moshe CM 2:62), Shevet Halevi 2:58. This makes sense with the Rashbam and Rambam that dina d'malchusa is a social contract. One could argue that according to the Ran that the reason for dina d'malchusa is that the king owns the land, this shouldn't apply to a democracy. However, Pe’as Sadecha (165) writes that even according to the Ran, dina d’malchusa dina applies because in a democracy the country belongs to the people, and their elected representatives have the same power as a king to legislate. </ref>
#Some say that dina d'malchusa doesn't apply in Israel. However, most authorities rule that it does apply.<ref>Ran Nedarim 28a s.v. Bamoches writes that Dina Dmalchusa is based on the fact that the king owns the land and everyone has to abide by his law. However, in Israel where Hashem gave the land to the Jewish people, there is no Dina Dmalchuta. This is quoted in Darkei Moshe CM 369:3 and Gra 369:35. Emek Hamishpat 1:31:18 writes that in his opinion we follow the Ran. The Chasam Sofer C.M. 44 says that according to the Rashbam, dina d'malchusa still applies. The Rambam (Hilchos Gezeilah 5:11), Tur and Shulchan Aruch (Choshen Mishpat 369:6) all rule against the Ran. This is also the opinion of Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121).</ref>

==Paying Taxes==
# There is an obligation to pay a standardized tax.<ref>Mordechai, Gittin, Perek Hameivi Get 325; Rambam Hilchot Gezela 5:12, Shulchan Aruch Choshen Mishpat 369:7. Meiri Baba Kama 113b applies to a progressive tax system, even if that tax is not in keeping with halachic methods. See Mishneh Halachot 12:445 who is of the opinion that avoiding paying taxes is only considered hafkat halvato, not paying up a loan, and not stealing.</ref>
# There is no obligation to pay unfair taxes. An unfair tax is defined as a tax that is inconsistent, as it varied subjectively from person to person.<ref> Shulchan Aruch C.M. 369:6. Rama adds that a tax that is unique for Jews is considered a legitimate tax. </ref>
# One who does not pay taxes violates a Torah commandment of “lo tigzol” (Vayikra 19:13), as one is stealing from the government.<ref> Shulchan Aruch C.M. 369:6 </ref>
# One who violates tax laws of a country with a legitimate system of taxes is obligated to pay the resulting fines. <ref> Shulchan Aruch Choshen Mishpat 369:7; Rambam, Hilchos Melachim 4:1, Hilchos Gezeilah 5:12 </ref>
# A Jew is permitted to work a tax agency and turn in Jews found guilty.<ref> Shevet Halevi, Chelek 2, Siman 18 </ref>
# It is prohibited to avoid paying taxes in a democracy such as the United States.<ref> Shu"t Igrot Moshe CM 2:29, Shu"t Shevet Halevi 2:58, [https://www.torahweb.org/torah/special/2005/rsch_taxes.html Rav Hershel Schachter]. see there where Rav Schachter writes that taxes nowadays would not only be binding because of dina dimalchuta dina. Paying taxes is also your obligation to the partnership because taxes are used to provide services to the citizens (fire, police, military, garbage, mail etc). All the people of the city, state, country have to contribute to provide for that. Thus, one who withholds his taxes is not only taking from the government. He is taking from the other citizens, which inevitably includes other Jews. </ref>
# According to some poskim, patronizing a Jewish merchant who cheats on his taxes violates the Biblical prohibition of lifnei iver.<ref> [https://www.jlaw.com/Commentary/payingtaxes.html Eli Clark] quoted from Rav Hershel Schachter </ref>

==Examples==

#If a person or company went bankrupt they do not have an enduring obligation to pay off their debt because bankruptcy laws are established and reasonable laws of the government.<ref>Igrot Moshe CM 2:62, Halachos of Other People’s Money p. 34 fnt. 71. Rav Moshe explains that since the bankruptcy laws are for the betterment of society which the Rama 369:8 writes is binding.</ref>
#If there’s a civil law to hand in a lost object that is found to a government official one must oblige because of Dina Dmalchuta Dina.<ref>Rama 259:7, Pitchei Choshen Aveidah 2:22</ref> See [https://www.law.cornell.edu/wex/lost_property common law on Cornell.edu].
#Some write that if a person has a contract with a penalty that is an asmachta even though it is binding in a secular court dina dmalchuta doesn’t make it binding between two Jews.<ref>Emek Mishpat v. 1 p. 260 writes that one should not assume that dina dmalchuta obligates a person to pay a contractual penalty. He explains that they are an asmachta and dina dmalchuta doesn't apply in Israel (Ran Nedarim 28a, Darkei Moshe 369:3, Gra 369:35). Also, he adds that Mishpat Shalom 207:15 writes that dina dmaclhuta doesn't make an asmachta binding. Also, Chazon Ish CM likkutim 16:11 writes that dina dmalchuta isn't applicable for a contractual penalty since dina dmalchuta doesn’t apply between two Jews.</ref>

==Stealing from the Government==

#see [[Being Careful With Other People's Money#Stealing_from_the_Government|Stealing from the government]]

==See Also==
[[Secular Court]]
==Sources==
<references />

Kiddush Hashem

2019-07-19T00:38:40Z

Ezralevy: /* Chillul Hashem */

= The Three Cardinal Sins =
==Idolatry==
# According to the [[Rambam]], one should proclaim "Allahu Akbar" instead of giving his life up, if given the ultimatum, since Islam is not [[Avodah Zarah]].<ref>[http://www.daat.ac.il/daat/mahshevt/mekorot/kidush-2.htm Iggeret HaShmad] (also known as Maamar Kiddush Hashem). See Shu"t Sridei Esh vol. 1 Siman 90:2</ref> However, the [[Radbaz]] considers abandoning or denying foundations of our religion to be Yehareg ve'Al Yaavor, even in private, for the persecutor's own benefit, at a time when there is no decree against Judaism.<ref>Shu"t HaRadbaz vol. 4 Siman 92 (1163)</ref>

= Other Mitzvot =
Whereas violation of the three cardinal sins constitutes a Chillul Hashem and one must therefore give up his life to avoid it, violation of other Mitzvot does not, unless it means certain criteria, in which, the gravity of the sin is so great that it also warrants giving up one's life.<ref>Beit Yosef Yoreh Deah 157:1</ref>
# Based on the narrative of Yehudah and Tamar, Chazal advise one to rather jump into a fiery furnace than humiliate his fellow in public. Some Rishonim take this literally as an additional Mitzvah to sacrifice one's life instead of violating,<ref>Berachot 43b, Tosafot Sotah 10b s.v. Noach Lo who writes that though the list is always of three cardinal sins it only records but is not limited to those sins explicated in the Torah. The Brisker Rav (ad loc) postulates that it could be a Middat Chassidut if not for Tosafot's difficulty seemingly indicating it's a Din. Rabbeinu Yonah (Shaarei Teshuvah 3:139) considers is a subcategory ("Avak") of murder. See [http://hebrewbooks.org/pdfpager.aspx?req=15096&st=&pgnum=90&hilite= Shu"t Minchat Shlomo vol. 1 Siman 7] at length.</ref> while others argue Chazal were exaggerating to make a point and did not mean we should take the Halacha literally.<ref>Meiri Berachot 43b, Rav Hershel Schachter (Berachot 5778 #85). See also Yabia Omer vol. 6 Yoreh Deah 13:12 and [http://www.hebrewbooks.org/pdfpager.aspx?req=21282&st=&pgnum=141&hilite= Shu"t Bnei Banim 1:41]</ref> Others accept the Gemara as Halacha but qualify it to any embarrassment equivalent to the eteral humiliation of Yehudah from Tamar. Only in such instances must one die rather than embarrass his fellow in public, and, since we are incapable of measuring such embarrassment, we cannot consider such an avenue.<ref>[http://www.otzar.org/wotzar/book.aspx?181545&pageid=P0329 He'arot HaGris Elyashiv Berachot 43b]. See also Hearot [http://www.otzar.org/wotzar/book.aspx?181545&pageid=P0329 to Ketubot 67b] and [http://www.otzar.org/wotzar/book.aspx?181537&pageid=P0218 to Bava Metzia 59a]</ref>
# According to some, fabricating or lying about the laws of the Torah outright is also Yehareg ve'Al Ya'avor;<ref>Yam Shel Shlomo (Bava Kamma 4:9, 38a), quoted by Shu"t Iggerot Moshe (Orach Chaim vol. 2 Siman 51, Even HaEzer vol. 3 Siman 18, Orach Chaim vol. 5 Siman 28:21) and Be'Ikvei HaTzon page 23. See the relevant thread in the [http://forum.otzar.org/viewtopic.php?f=7&t=29889 Otzar HaChocham forums], where some question if Rav Moshe accepted this LeMaaseh.</ref> although, some disagree<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=15100&st=&pgnum=125 Shu"t Yad Eliyahu Siman 48]. See [http://din.org.il/2016/07/24/%D7%90%D7%9E%D7%AA-%D7%95%D7%A9%D7%A7%D7%A8-%D7%9C%D7%A9%D7%A7%D7%A8-%D7%9C%D7%A6%D7%A8%D7%9B%D7%99%D7%9D-%D7%A9%D7%9C-%D7%94%D7%A4%D7%A1%D7%93%D7%99%D7%9D-%D7%95%D7%A8%D7%95%D7%95%D7%97/אמת ושקר – לשקר לצרכים של הפסדים ורווחים] by R' Yehoshua Pfeffer</ref> Some say that the former is only true if the Halacha is unanimous, but if there is more than one view, one may present the minority opinion and not surrender his life.<ref>Shu"t Rabbi Akiva Yosef (Schlesinger, Orach Chaim Siman 50)</ref> Some say that the Maharshal only meant it with respect to the Beit Din HaGadol, whose word defines Torah SheBaal Peh.<ref>Maskil leDavid (Lau, vol. 2 Siman 51)</ref>
== Shmad/Persecution ==
# Even if the ones trying to uproot Jewish practices are the Jews themselves, such as the Reform, the situation would be considered one of Shmad.<ref>Shu"t Avnei Nezer Choshen Mishpat 103 writes how abolishing the Minhag of calling up Olim by their names to get an Aliyah would be an application of this din.</ref>

== In Presence of a Minyan ==

== For the Non-Jew's Benefit ==
== Mitzvot Aseh ==

=Beracha=
# According to the Shelah, when sacrificing oneself for Kiddush Hashem, one recites the Beracha "Lekadesh Shemo BaRabbim" - "ברוך אתה יקוק אלוקינו מלך העולם אשר קדשנו במצותיו וצונו לקדש שמו ברבים"<ref>Pitchei Teshuva Yoreh Deah 157:6, [http://www.hebrewbooks.org/pdfpager.aspx?req=22145&st=&pgnum=29 Shu"t Mimaamakim vol. 2 Siman 4]. See also [https://judaism.stackexchange.com/questions/22512/does-one-make-a-blessing-if-preparing-to-die-al-kiddush-hashem/22515#22515 Mi Yodea]</ref>

= Chillul Hashem =
# The Torah states "You shall not desecrate My Holy Name"<ref>(Vayikra 22:32)</ref>, and this is counted as one of the 613 mitzvot.<ref> Rambam, Sefer Hamitzvot, Negative Commandment #63; Sefer HaChinuch, Parashat Emor, Mitzvah #295 </ref>
===Examples===

=Non Jews=
# Although Bnei Noach are not obligated in Kiddush Hashem, they are permitted to give up their lives at will in such situations.<ref>Yabia Omer vol. 6 Yoreh Deah 13:12</ref>

=Further Reading=
* Yabia Omer vol. 6 Yoreh Deah Siman 13 - "בדין קידושי ה'"
=Sources=
{{Reflist|30em}}
[[Category: Yoreh Deah]]

Kiddush Hashem

2019-07-19T00:33:36Z

Ezralevy: /* Chillul Hashem */

= The Three Cardinal Sins =
==Idolatry==
# According to the [[Rambam]], one should proclaim "Allahu Akbar" instead of giving his life up, if given the ultimatum, since Islam is not [[Avodah Zarah]].<ref>[http://www.daat.ac.il/daat/mahshevt/mekorot/kidush-2.htm Iggeret HaShmad] (also known as Maamar Kiddush Hashem). See Shu"t Sridei Esh vol. 1 Siman 90:2</ref> However, the [[Radbaz]] considers abandoning or denying foundations of our religion to be Yehareg ve'Al Yaavor, even in private, for the persecutor's own benefit, at a time when there is no decree against Judaism.<ref>Shu"t HaRadbaz vol. 4 Siman 92 (1163)</ref>

= Other Mitzvot =
Whereas violation of the three cardinal sins constitutes a Chillul Hashem and one must therefore give up his life to avoid it, violation of other Mitzvot does not, unless it means certain criteria, in which, the gravity of the sin is so great that it also warrants giving up one's life.<ref>Beit Yosef Yoreh Deah 157:1</ref>
# Based on the narrative of Yehudah and Tamar, Chazal advise one to rather jump into a fiery furnace than humiliate his fellow in public. Some Rishonim take this literally as an additional Mitzvah to sacrifice one's life instead of violating,<ref>Berachot 43b, Tosafot Sotah 10b s.v. Noach Lo who writes that though the list is always of three cardinal sins it only records but is not limited to those sins explicated in the Torah. The Brisker Rav (ad loc) postulates that it could be a Middat Chassidut if not for Tosafot's difficulty seemingly indicating it's a Din. Rabbeinu Yonah (Shaarei Teshuvah 3:139) considers is a subcategory ("Avak") of murder. See [http://hebrewbooks.org/pdfpager.aspx?req=15096&st=&pgnum=90&hilite= Shu"t Minchat Shlomo vol. 1 Siman 7] at length.</ref> while others argue Chazal were exaggerating to make a point and did not mean we should take the Halacha literally.<ref>Meiri Berachot 43b, Rav Hershel Schachter (Berachot 5778 #85). See also Yabia Omer vol. 6 Yoreh Deah 13:12 and [http://www.hebrewbooks.org/pdfpager.aspx?req=21282&st=&pgnum=141&hilite= Shu"t Bnei Banim 1:41]</ref> Others accept the Gemara as Halacha but qualify it to any embarrassment equivalent to the eteral humiliation of Yehudah from Tamar. Only in such instances must one die rather than embarrass his fellow in public, and, since we are incapable of measuring such embarrassment, we cannot consider such an avenue.<ref>[http://www.otzar.org/wotzar/book.aspx?181545&pageid=P0329 He'arot HaGris Elyashiv Berachot 43b]. See also Hearot [http://www.otzar.org/wotzar/book.aspx?181545&pageid=P0329 to Ketubot 67b] and [http://www.otzar.org/wotzar/book.aspx?181537&pageid=P0218 to Bava Metzia 59a]</ref>
# According to some, fabricating or lying about the laws of the Torah outright is also Yehareg ve'Al Ya'avor;<ref>Yam Shel Shlomo (Bava Kamma 4:9, 38a), quoted by Shu"t Iggerot Moshe (Orach Chaim vol. 2 Siman 51, Even HaEzer vol. 3 Siman 18, Orach Chaim vol. 5 Siman 28:21) and Be'Ikvei HaTzon page 23. See the relevant thread in the [http://forum.otzar.org/viewtopic.php?f=7&t=29889 Otzar HaChocham forums], where some question if Rav Moshe accepted this LeMaaseh.</ref> although, some disagree<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=15100&st=&pgnum=125 Shu"t Yad Eliyahu Siman 48]. See [http://din.org.il/2016/07/24/%D7%90%D7%9E%D7%AA-%D7%95%D7%A9%D7%A7%D7%A8-%D7%9C%D7%A9%D7%A7%D7%A8-%D7%9C%D7%A6%D7%A8%D7%9B%D7%99%D7%9D-%D7%A9%D7%9C-%D7%94%D7%A4%D7%A1%D7%93%D7%99%D7%9D-%D7%95%D7%A8%D7%95%D7%95%D7%97/אמת ושקר – לשקר לצרכים של הפסדים ורווחים] by R' Yehoshua Pfeffer</ref> Some say that the former is only true if the Halacha is unanimous, but if there is more than one view, one may present the minority opinion and not surrender his life.<ref>Shu"t Rabbi Akiva Yosef (Schlesinger, Orach Chaim Siman 50)</ref> Some say that the Maharshal only meant it with respect to the Beit Din HaGadol, whose word defines Torah SheBaal Peh.<ref>Maskil leDavid (Lau, vol. 2 Siman 51)</ref>
== Shmad/Persecution ==
# Even if the ones trying to uproot Jewish practices are the Jews themselves, such as the Reform, the situation would be considered one of Shmad.<ref>Shu"t Avnei Nezer Choshen Mishpat 103 writes how abolishing the Minhag of calling up Olim by their names to get an Aliyah would be an application of this din.</ref>

== In Presence of a Minyan ==

== For the Non-Jew's Benefit ==
== Mitzvot Aseh ==

=Beracha=
# According to the Shelah, when sacrificing oneself for Kiddush Hashem, one recites the Beracha "Lekadesh Shemo BaRabbim" - "ברוך אתה יקוק אלוקינו מלך העולם אשר קדשנו במצותיו וצונו לקדש שמו ברבים"<ref>Pitchei Teshuva Yoreh Deah 157:6, [http://www.hebrewbooks.org/pdfpager.aspx?req=22145&st=&pgnum=29 Shu"t Mimaamakim vol. 2 Siman 4]. See also [https://judaism.stackexchange.com/questions/22512/does-one-make-a-blessing-if-preparing-to-die-al-kiddush-hashem/22515#22515 Mi Yodea]</ref>

= Chillul Hashem =
# The Torah states "You shall not desecrate My Holy Name"<ref>(Vayikra 22:32)</ref>, and this is counted as one of the 613 mitzvot.<ref> Rambam, Sefer Hamitzvot, Negative Commandment #63; Sefer HaChinuch, Parashat Emor, Mitzvah #295 </ref>

=Non Jews=
# Although Bnei Noach are not obligated in Kiddush Hashem, they are permitted to give up their lives at will in such situations.<ref>Yabia Omer vol. 6 Yoreh Deah 13:12</ref>

=Further Reading=
* Yabia Omer vol. 6 Yoreh Deah Siman 13 - "בדין קידושי ה'"
=Sources=
{{Reflist|30em}}
[[Category: Yoreh Deah]]

Abiding by Civilian Law

2019-07-17T01:47:02Z

Ezralevy: /* Paying Taxes */

In general, there is a halachic principle called dina d'malkuta dina, which means that Halacha demands obedience to the laws made by civil authorities. However, it's important to note that this principle is limited and is discussed at length by the modern day Rabbinic authorities.<ref>[http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf See article by Rabbi Ari Wasserman]</ref>
==Source==

#Many assume that dina d'malchusa is binding from the Torah.<ref>Rashi Gittin 9b s.v. “chutz,” Meiri Nedarim 28a. Vilna Gaon C.M. 369:34</ref> Some say dina d'malchusa is Rabbinic in nature<ref>Beis Shmuel C.M. 28:3</ref>
#The Gemara says Dina D'Malchusa Dina ("the law of the land is the law").<ref>Baba Kama 113a, Nedarim 28a, Gittin 10b, Bava Basra 54b. The principle of dina di'alchusa dina is accepted as the halacha (Ritva Nedarim 28a says that there's no opinion in the Gemara that argues with it). Rambam Hilchot Gezelot 5:11 and Shulchan Aruch Choshen Mishpat 369:6 codify this principle as halacha regarding the taxes of the government. Shulchan Aruch C.M. 104:2 quotes this with regards to paying debts. </ref>
##Some explain this is a social contract.<ref>Rambam Hilchot Gezelah Vaveidah 5:18 and Rashbam Bava Basra 54b s.v. "Viahamar Shmuel" writes that the taxes and laws of the king are binding because the people accept it upon themselves. The Terumas HaDeshen 341 notes that this is true even if you voted against this government. Legislation is part of the way government runs and by living in the country, you establish that you accept its laws. Avnei Nezer YD 312:12 elaborates on this idea and explains that it is based on the phrase על ממלכתו הוא ובניו בקרב ישראל (Devarim 17:20) that the authority of a king derives from the consent of his people. An expression of how dina d'malchusa is based on the people is that the people of that country accept to use the coins of that king, and the Rambam says this shows their acceptance of the king. (Gra C.M. 369:9). </ref>
##Others explain that the land belongs to the king.<ref>Ran Nedarim 28a s.v. "Bamoches" says because the land belongs to the king, he can make the laws, and if you don't abide he can kick you out of his land. Shitah Mekubetzes Nedarim 28a explains that this is just like all property owners who can insist on standards on their property. Chatam Sofer 1:44 writes that the Ran is only referring to taxes that are against the will of the people, but laws related to custom and manners even the Ran agrees that these are binding because the people agree to the king's dominion. [http://www.daat.ac.il/daat/kitveyet/shana/ariel2-1.htm Rav Yakov Arieli] extends the Chatom Sofer to any taxes that are for the benefit of the people such as money spent on highways and bridges.</ref>
##Others explain that the king has dominion over all property in the country.<ref>Rabbenu Yona (Aliyot of Rabbenu Yona Bava Basra 54b s.v. "Umi Amar") says this works like hefker beis din hefker, that the king has dominion over all property. </ref>
##Others explain that the Torah has a concept of a king, and that only makes sense if we must follow his laws.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121). Mabit (Kiryat Sefer Gezela 5:14). Meiri (Nedarim 28a) and the Vilna Gaon (C.M. 369:34) say that this is derived from the laws of a king derived from Sefer Shmuel Alef Perek 8.</ref>
#Dina D'Malchusa is determined based on how a law is enforced, not how it is written on the books<ref>Rav Asher Weiss (Shut Michas Asher 2:123) with regards to building a succah against the zoning laws that if the police don't enforce them, it is not a violation of dina d'malchusa. [http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf Article by Rabbi Ari Wasserman] quoting from Rav Pinchas Scheinberg with regards to speeding. Speeding is forbidden under dina d'malchusa, but the definition of speeding is dependent on how it is enforced, not the posted speed limit. Rabbi Aryeh Lebowitz quotes both sides of this discussion at 8:30 in this shiur <nowiki>https://www.yutorah.org/lectures/lecture.cfm/781443/rabbi-aryeh-lebowitz/ten-minute-halacha-obeying-traffic-laws/</nowiki></ref>
#Dina D'Malchusa is subject to interpretation based on logic.<ref>Rav Asher Weiss (Shut Michas Asher 2:123) says that late at night one can run a red light when you can clearly see that there is nobody coming and nobody looking who may learn from your behavior as the law didn't intend to prohibit this.</ref>

==To Who Does it Apply==

#Dina d'malchusa dina applies to all appointed officials who are keeping to the local laws, not just the king.<ref>Shut Rashba 1:637</ref>
#Some say Dina D'malchusa doesn't apply when there is an interaction between two Jews.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quotes the Chazon Ish who holds like Rabbenu Yonah Bava Batra 54 that dina d'malchusa is only between a Jew and a non-Jew</ref> Others argue that it applies between all people.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quoting Rama C.M. 369 </ref>

==To Which Laws Does it Apply==

#There is a discussion as to which laws one is obligated to follow the dina d'malchusa:
##Some say that dina d'malchusa dina only applies to laws related directly to the land (i.e. real estate).<ref>Rama C.M. 369:8. Rav Asher Weiss (Shut Minchas Asher 2:121:4:3) suggests that this works nicely with the opinion of the Ran quoted above that dina d'malchusa works because the land belongs to the king. However, according to the Rashbam quoted above that dina d'malchusa is a social contract, one could argue that there is no reason to distinguish between laws related to the land and other laws. However, he suggests that even according to the Ran, you don't have to distinguish as since the land belongs to him, he makes the rules</ref>
##Some say that dina d'malchusa dina applies to all financial matters<ref>Ra’aviah brought in Beis Yosef C.M. 369</ref>
##Some say that dina d'malchusa dina applies to government legislation, but not to rulings of the secular court. <ref>Sema 369:21 trying to resolve a contradiction between Rama C.M. 369:8 where he says dina d'malchusa applies across the board and 369:11 where he limits it to things which are beneficial for the king or for the good of the people, but not about going to secular court</ref>
##Some say that dina d'malchusa dina applies to government legislation and rulings of the secular court as long as they are for the benefit of society, but personal matters are not under the jurisdiction of dina d'malchusa.<ref>Rav Moshe Feinstein (Igros Moshe C.M. 2:62) quotes the Sema's explanation and disagrees discussing bankruptcy laws. See Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121:4:4) where he applies dina d'malchusa to cases such as traffic laws, sanitation laws, and mandatory inoculation.</ref>
#Dina D'malchusa is ineffective in causing an Asmachta to be binding.<ref>Emek Hamishpat 1:31:18 citing Maharsham in Mishpat Shalom 207:15</ref>
#We do not say Dina D'Malchusa when it contradicts the laws of the Torah.<ref>Shach C.M. 73:39. Rav Asher Weiss Minchas Asher 2:122 explains that this means we don't follow the dina d'malchusa when it contradicts with Torah values. Chazon Ish C.M. Likutim 16:1 questions this as all cases are against Torah Law. Teshuva MiAhava 1:117 discusses a case when there is a law that only certain rabbis can officiate at weddings and a different rabbi officiates. He concludes that the marriage is binding, but he did the wrong thing as dina d'malchusa is binding. Similarly, Rav Asher Weiss (Shut Michas Asher 2:123) discusses building a succah on your property when it is against zoning laws. He says although you have fulfilled your mitzvah of succah, you violated dina d'malchusa unless this is something the police know about and don't enforce</ref>

==Where Does it Apply==

#Dina d'malchuta dina applies to democracies such as the United States.<ref>Halachos of Other People's Money pg. 34. see note 71 where he quotes from Rav Yosef Eliyahu Henkin (Writings of Rav Yosef Eliyahu Henkin 96:8), Rav Shlomo Zalman Auerbach (Maadanei Eretz 20:8), Rav Moshe Feinstein (Igrot Moshe CM 2:62), Shevet Halevi 2:58. This makes sense with the Rashbam and Rambam that dina d'malchusa is a social contract. One could argue that according to the Ran that the reason for dina d'malchusa is that the king owns the land, this shouldn't apply to a democracy. However, Pe’as Sadecha (165) writes that even according to the Ran, dina d’malchusa dina applies because in a democracy the country belongs to the people, and their elected representatives have the same power as a king to legislate. </ref>
#Some say that dina d'malchusa doesn't apply in Israel. However, most authorities rule that it does apply.<ref>Ran Nedarim 28a s.v. Bamoches writes that Dina Dmalchusa is based on the fact that the king owns the land and everyone has to abide by his law. However, in Israel where Hashem gave the land to the Jewish people, there is no Dina Dmalchuta. This is quoted in Darkei Moshe CM 369:3 and Gra 369:35. Emek Hamishpat 1:31:18 writes that in his opinion we follow the Ran. The Chasam Sofer C.M. 44 says that according to the Rashbam, dina d'malchusa still applies. The Rambam (Hilchos Gezeilah 5:11), Tur and Shulchan Aruch (Choshen Mishpat 369:6) all rule against the Ran. This is also the opinion of Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121).</ref>

==Paying Taxes==
# There is an obligation to pay a standardized tax.<ref>Mordechai, Gittin, Perek Hameivi Get 325; Rambam Hilchot Gezela 5:12, Shulchan Aruch Choshen Mishpat 369:7. Meiri Baba Kama 113b applies to a progressive tax system, even if that tax is not in keeping with halachic methods. See Mishneh Halachot 12:445 who is of the opinion that avoiding paying taxes is only considered hafkat halvato, not paying up a loan, and not stealing.</ref>
# There is no obligation to pay taxes if the tax is an unfair tax. An unfair tax is a tax that is inconsistent for different people.<ref> Shulchan Aruch C.M. 369:6. Rama adds that a tax that is unique for Jews is considered a legitimate tax. </ref>
# One who does not pay taxes violates a Torah commandment of “lo tigzol” (Vayikra 19:13), as one is stealing from the government.<ref> Shulchan Aruch C.M. 369:6 </ref>
# One who violates tax laws of a country with a legitimate system of taxes is obligated to pay the resulting fines. <ref> Shulchan Aruch Choshen Mishpat 369:7; Rambam, Hilchos Melachim 4:1, Hilchos Gezeilah 5:12 </ref>
# A Jew is permitted to work a tax agency and turn in Jews found guilty.<ref> Shevet Halevi, Chelek 2, Siman 18 </ref>
# It is prohibited to avoid paying taxes in a democracy such as the United States.<ref> Shu"t Igrot Moshe CM 2:29, Shu"t Shevet Halevi 2:58, [https://www.torahweb.org/torah/special/2005/rsch_taxes.html Rav Hershel Schachter]. see there where Rav Schachter writes that taxes nowadays would not only be binding because of dina dimalchuta dina. Paying taxes is also your obligation to the partnership because taxes are used to provide services to the citizens (fire, police, military, garbage, mail etc). All the people of the city, state, country have to contribute to provide for that. Thus, one who withholds his taxes is not only taking from the government. He is taking from the other citizens, which inevitably includes other Jews. </ref>
# According to some poskim, patronizing a Jewish merchant who cheats on his taxes violates the Biblical prohibition of lifnei iver.<ref> [https://www.jlaw.com/Commentary/payingtaxes.html Eli Clark] quoted from Rav Hershel Schachter </ref>

==Examples==

#If a person or company went bankrupt they do not have an enduring obligation to pay off their debt because bankruptcy laws are established and reasonable laws of the government.<ref>Igrot Moshe CM 2:62, Halachos of Other People’s Money p. 34 fnt. 71. Rav Moshe explains that since the bankruptcy laws are for the betterment of society which the Rama 369:8 writes is binding.</ref>
#If there’s a civil law to hand in a lost object that is found to a government official one must oblige because of Dina Dmalchuta Dina.<ref>Rama 259:7, Pitchei Choshen Aveidah 2:22</ref> See [https://www.law.cornell.edu/wex/lost_property common law on Cornell.edu].
#Some write that if a person has a contract with a penalty that is an asmachta even though it is binding in a secular court dina dmalchuta doesn’t make it binding between two Jews.<ref>Emek Mishpat v. 1 p. 260 writes that one should not assume that dina dmalchuta obligates a person to pay a contractual penalty. He explains that they are an asmachta and dina dmalchuta doesn't apply in Israel (Ran Nedarim 28a, Darkei Moshe 369:3, Gra 369:35). Also, he adds that Mishpat Shalom 207:15 writes that dina dmaclhuta doesn't make an asmachta binding. Also, Chazon Ish CM likkutim 16:11 writes that dina dmalchuta isn't applicable for a contractual penalty since dina dmalchuta doesn’t apply between two Jews.</ref>

==Stealing from the Government==

#see [[Being Careful With Other People's Money#Stealing_from_the_Government|Stealing from the government]]

==See Also==
[[Secular Court]]
==Sources==
<references />

Abiding by Civilian Law

2019-07-17T01:37:37Z

Ezralevy: /* Paying Taxes */

In general, there is a halachic principle called dina d'malkuta dina, which means that Halacha demands obedience to the laws made by civil authorities. However, it's important to note that this principle is limited and is discussed at length by the modern day Rabbinic authorities.<ref>[http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf See article by Rabbi Ari Wasserman]</ref>
==Source==

#Many assume that dina d'malchusa is binding from the Torah.<ref>Rashi Gittin 9b s.v. “chutz,” Meiri Nedarim 28a. Vilna Gaon C.M. 369:34</ref> Some say dina d'malchusa is Rabbinic in nature<ref>Beis Shmuel C.M. 28:3</ref>
#The Gemara says Dina D'Malchusa Dina ("the law of the land is the law").<ref>Baba Kama 113a, Nedarim 28a, Gittin 10b, Bava Basra 54b. The principle of dina di'alchusa dina is accepted as the halacha (Ritva Nedarim 28a says that there's no opinion in the Gemara that argues with it). Rambam Hilchot Gezelot 5:11 and Shulchan Aruch Choshen Mishpat 369:6 codify this principle as halacha regarding the taxes of the government. Shulchan Aruch C.M. 104:2 quotes this with regards to paying debts. </ref>
##Some explain this is a social contract.<ref>Rambam Hilchot Gezelah Vaveidah 5:18 and Rashbam Bava Basra 54b s.v. "Viahamar Shmuel" writes that the taxes and laws of the king are binding because the people accept it upon themselves. The Terumas HaDeshen 341 notes that this is true even if you voted against this government. Legislation is part of the way government runs and by living in the country, you establish that you accept its laws. Avnei Nezer YD 312:12 elaborates on this idea and explains that it is based on the phrase על ממלכתו הוא ובניו בקרב ישראל (Devarim 17:20) that the authority of a king derives from the consent of his people. An expression of how dina d'malchusa is based on the people is that the people of that country accept to use the coins of that king, and the Rambam says this shows their acceptance of the king. (Gra C.M. 369:9). </ref>
##Others explain that the land belongs to the king.<ref>Ran Nedarim 28a s.v. "Bamoches" says because the land belongs to the king, he can make the laws, and if you don't abide he can kick you out of his land. Shitah Mekubetzes Nedarim 28a explains that this is just like all property owners who can insist on standards on their property. Chatam Sofer 1:44 writes that the Ran is only referring to taxes that are against the will of the people, but laws related to custom and manners even the Ran agrees that these are binding because the people agree to the king's dominion. [http://www.daat.ac.il/daat/kitveyet/shana/ariel2-1.htm Rav Yakov Arieli] extends the Chatom Sofer to any taxes that are for the benefit of the people such as money spent on highways and bridges.</ref>
##Others explain that the king has dominion over all property in the country.<ref>Rabbenu Yona (Aliyot of Rabbenu Yona Bava Basra 54b s.v. "Umi Amar") says this works like hefker beis din hefker, that the king has dominion over all property. </ref>
##Others explain that the Torah has a concept of a king, and that only makes sense if we must follow his laws.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121). Mabit (Kiryat Sefer Gezela 5:14). Meiri (Nedarim 28a) and the Vilna Gaon (C.M. 369:34) say that this is derived from the laws of a king derived from Sefer Shmuel Alef Perek 8.</ref>
#Dina D'Malchusa is determined based on how a law is enforced, not how it is written on the books<ref>Rav Asher Weiss (Shut Michas Asher 2:123) with regards to building a succah against the zoning laws that if the police don't enforce them, it is not a violation of dina d'malchusa. [http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf Article by Rabbi Ari Wasserman] quoting from Rav Pinchas Scheinberg with regards to speeding. Speeding is forbidden under dina d'malchusa, but the definition of speeding is dependent on how it is enforced, not the posted speed limit. Rabbi Aryeh Lebowitz quotes both sides of this discussion at 8:30 in this shiur <nowiki>https://www.yutorah.org/lectures/lecture.cfm/781443/rabbi-aryeh-lebowitz/ten-minute-halacha-obeying-traffic-laws/</nowiki></ref>
#Dina D'Malchusa is subject to interpretation based on logic.<ref>Rav Asher Weiss (Shut Michas Asher 2:123) says that late at night one can run a red light when you can clearly see that there is nobody coming and nobody looking who may learn from your behavior as the law didn't intend to prohibit this.</ref>

==To Who Does it Apply==

#Dina d'malchusa dina applies to all appointed officials who are keeping to the local laws, not just the king.<ref>Shut Rashba 1:637</ref>
#Some say Dina D'malchusa doesn't apply when there is an interaction between two Jews.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quotes the Chazon Ish who holds like Rabbenu Yonah Bava Batra 54 that dina d'malchusa is only between a Jew and a non-Jew</ref> Others argue that it applies between all people.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quoting Rama C.M. 369 </ref>

==To Which Laws Does it Apply==

#There is a discussion as to which laws one is obligated to follow the dina d'malchusa:
##Some say that dina d'malchusa dina only applies to laws related directly to the land (i.e. real estate).<ref>Rama C.M. 369:8. Rav Asher Weiss (Shut Minchas Asher 2:121:4:3) suggests that this works nicely with the opinion of the Ran quoted above that dina d'malchusa works because the land belongs to the king. However, according to the Rashbam quoted above that dina d'malchusa is a social contract, one could argue that there is no reason to distinguish between laws related to the land and other laws. However, he suggests that even according to the Ran, you don't have to distinguish as since the land belongs to him, he makes the rules</ref>
##Some say that dina d'malchusa dina applies to all financial matters<ref>Ra’aviah brought in Beis Yosef C.M. 369</ref>
##Some say that dina d'malchusa dina applies to government legislation, but not to rulings of the secular court. <ref>Sema 369:21 trying to resolve a contradiction between Rama C.M. 369:8 where he says dina d'malchusa applies across the board and 369:11 where he limits it to things which are beneficial for the king or for the good of the people, but not about going to secular court</ref>
##Some say that dina d'malchusa dina applies to government legislation and rulings of the secular court as long as they are for the benefit of society, but personal matters are not under the jurisdiction of dina d'malchusa.<ref>Rav Moshe Feinstein (Igros Moshe C.M. 2:62) quotes the Sema's explanation and disagrees discussing bankruptcy laws. See Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121:4:4) where he applies dina d'malchusa to cases such as traffic laws, sanitation laws, and mandatory inoculation.</ref>
#Dina D'malchusa is ineffective in causing an Asmachta to be binding.<ref>Emek Hamishpat 1:31:18 citing Maharsham in Mishpat Shalom 207:15</ref>
#We do not say Dina D'Malchusa when it contradicts the laws of the Torah.<ref>Shach C.M. 73:39. Rav Asher Weiss Minchas Asher 2:122 explains that this means we don't follow the dina d'malchusa when it contradicts with Torah values. Chazon Ish C.M. Likutim 16:1 questions this as all cases are against Torah Law. Teshuva MiAhava 1:117 discusses a case when there is a law that only certain rabbis can officiate at weddings and a different rabbi officiates. He concludes that the marriage is binding, but he did the wrong thing as dina d'malchusa is binding. Similarly, Rav Asher Weiss (Shut Michas Asher 2:123) discusses building a succah on your property when it is against zoning laws. He says although you have fulfilled your mitzvah of succah, you violated dina d'malchusa unless this is something the police know about and don't enforce</ref>

==Where Does it Apply==

#Dina d'malchuta dina applies to democracies such as the United States.<ref>Halachos of Other People's Money pg. 34. see note 71 where he quotes from Rav Yosef Eliyahu Henkin (Writings of Rav Yosef Eliyahu Henkin 96:8), Rav Shlomo Zalman Auerbach (Maadanei Eretz 20:8), Rav Moshe Feinstein (Igrot Moshe CM 2:62), Shevet Halevi 2:58. This makes sense with the Rashbam and Rambam that dina d'malchusa is a social contract. One could argue that according to the Ran that the reason for dina d'malchusa is that the king owns the land, this shouldn't apply to a democracy. However, Pe’as Sadecha (165) writes that even according to the Ran, dina d’malchusa dina applies because in a democracy the country belongs to the people, and their elected representatives have the same power as a king to legislate. </ref>
#Some say that dina d'malchusa doesn't apply in Israel. However, most authorities rule that it does apply.<ref>Ran Nedarim 28a s.v. Bamoches writes that Dina Dmalchusa is based on the fact that the king owns the land and everyone has to abide by his law. However, in Israel where Hashem gave the land to the Jewish people, there is no Dina Dmalchuta. This is quoted in Darkei Moshe CM 369:3 and Gra 369:35. Emek Hamishpat 1:31:18 writes that in his opinion we follow the Ran. The Chasam Sofer C.M. 44 says that according to the Rashbam, dina d'malchusa still applies. The Rambam (Hilchos Gezeilah 5:11), Tur and Shulchan Aruch (Choshen Mishpat 369:6) all rule against the Ran. This is also the opinion of Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121).</ref>

==Paying Taxes==
# There is an obligation to pay a standardized tax.<ref>Mordechai, Gittin, Perek Hameivi Get 325; Rambam Hilchot Gezela 5:12, Shulchan Aruch Choshen Mishpat 369:7. Meiri Baba Kama 113b applies to a progressive tax system, even if that tax is not in keeping with halachic methods. See Mishneh Halachot 12:445 who is of the opinion that avoiding paying taxes is only considered hafkat halvato, not paying up a loan, and not stealing.</ref>
# There is no obligation to pay taxes if the tax is an unfair tax. An unfair tax is a tax that is inconsistent for different people.<ref> Shulchan Aruch C.M. 369:6. Rama adds that a tax that is unique for Jews is considered a legitimate tax. </ref>
# One who does not pay taxes violates a Torah commandment of “lo tigzol” (Vayikra 19:13), as one is stealing from the government.<ref> Shulchan Aruch C.M. 369:6 </ref>
# One who violates tax laws of a country with a legitimate system of taxes is obligated to pay the resulting fines. <ref> Shulchan Aruch Choshen Mishpat 369:7 </ref>
# A Jew is permitted to work a tax agency and turn in Jews found guilty.<ref> Shevet Halevi, Chelek 2, Siman 18 </ref>
# It is prohibited to avoid paying taxes in a democracy such as the United States.<ref> Shu"t Igrot Moshe CM 2:29, Shu"t Shevet Halevi 2:58, [https://www.torahweb.org/torah/special/2005/rsch_taxes.html Rav Hershel Schachter]. see there where Rav Schachter writes that taxes nowadays would not only be binding because of dina dimalchuta dina. Paying taxes is also your obligation to the partnership because taxes are used to provide services to the citizens (fire, police, military, garbage, mail etc). All the people of the city, state, country have to contribute to provide for that. Thus, one who withholds his taxes is not only taking from the government. He is taking from the other citizens, which inevitably includes other Jews. </ref>
# According to some poskim, patronizing a Jewish merchant who cheats on his taxes violates the Biblical prohibition of lifnei iver.<ref> [https://www.jlaw.com/Commentary/payingtaxes.html Eli Clark] quoted from Rav Hershel Schachter </ref>

==Examples==

#If a person or company went bankrupt they do not have an enduring obligation to pay off their debt because bankruptcy laws are established and reasonable laws of the government.<ref>Igrot Moshe CM 2:62, Halachos of Other People’s Money p. 34 fnt. 71. Rav Moshe explains that since the bankruptcy laws are for the betterment of society which the Rama 369:8 writes is binding.</ref>
#If there’s a civil law to hand in a lost object that is found to a government official one must oblige because of Dina Dmalchuta Dina.<ref>Rama 259:7, Pitchei Choshen Aveidah 2:22</ref> See [https://www.law.cornell.edu/wex/lost_property common law on Cornell.edu].
#Some write that if a person has a contract with a penalty that is an asmachta even though it is binding in a secular court dina dmalchuta doesn’t make it binding between two Jews.<ref>Emek Mishpat v. 1 p. 260 writes that one should not assume that dina dmalchuta obligates a person to pay a contractual penalty. He explains that they are an asmachta and dina dmalchuta doesn't apply in Israel (Ran Nedarim 28a, Darkei Moshe 369:3, Gra 369:35). Also, he adds that Mishpat Shalom 207:15 writes that dina dmaclhuta doesn't make an asmachta binding. Also, Chazon Ish CM likkutim 16:11 writes that dina dmalchuta isn't applicable for a contractual penalty since dina dmalchuta doesn’t apply between two Jews.</ref>

==Stealing from the Government==

#see [[Being Careful With Other People's Money#Stealing_from_the_Government|Stealing from the government]]

==See Also==
[[Secular Court]]
==Sources==
<references />

Abiding by Civilian Law

2019-07-17T01:37:12Z

Ezralevy: /* Paying Taxes */

In general, there is a halachic principle called dina d'malkuta dina, which means that Halacha demands obedience to the laws made by civil authorities. However, it's important to note that this principle is limited and is discussed at length by the modern day Rabbinic authorities.<ref>[http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf See article by Rabbi Ari Wasserman]</ref>
==Source==

#Many assume that dina d'malchusa is binding from the Torah.<ref>Rashi Gittin 9b s.v. “chutz,” Meiri Nedarim 28a. Vilna Gaon C.M. 369:34</ref> Some say dina d'malchusa is Rabbinic in nature<ref>Beis Shmuel C.M. 28:3</ref>
#The Gemara says Dina D'Malchusa Dina ("the law of the land is the law").<ref>Baba Kama 113a, Nedarim 28a, Gittin 10b, Bava Basra 54b. The principle of dina di'alchusa dina is accepted as the halacha (Ritva Nedarim 28a says that there's no opinion in the Gemara that argues with it). Rambam Hilchot Gezelot 5:11 and Shulchan Aruch Choshen Mishpat 369:6 codify this principle as halacha regarding the taxes of the government. Shulchan Aruch C.M. 104:2 quotes this with regards to paying debts. </ref>
##Some explain this is a social contract.<ref>Rambam Hilchot Gezelah Vaveidah 5:18 and Rashbam Bava Basra 54b s.v. "Viahamar Shmuel" writes that the taxes and laws of the king are binding because the people accept it upon themselves. The Terumas HaDeshen 341 notes that this is true even if you voted against this government. Legislation is part of the way government runs and by living in the country, you establish that you accept its laws. Avnei Nezer YD 312:12 elaborates on this idea and explains that it is based on the phrase על ממלכתו הוא ובניו בקרב ישראל (Devarim 17:20) that the authority of a king derives from the consent of his people. An expression of how dina d'malchusa is based on the people is that the people of that country accept to use the coins of that king, and the Rambam says this shows their acceptance of the king. (Gra C.M. 369:9). </ref>
##Others explain that the land belongs to the king.<ref>Ran Nedarim 28a s.v. "Bamoches" says because the land belongs to the king, he can make the laws, and if you don't abide he can kick you out of his land. Shitah Mekubetzes Nedarim 28a explains that this is just like all property owners who can insist on standards on their property. Chatam Sofer 1:44 writes that the Ran is only referring to taxes that are against the will of the people, but laws related to custom and manners even the Ran agrees that these are binding because the people agree to the king's dominion. [http://www.daat.ac.il/daat/kitveyet/shana/ariel2-1.htm Rav Yakov Arieli] extends the Chatom Sofer to any taxes that are for the benefit of the people such as money spent on highways and bridges.</ref>
##Others explain that the king has dominion over all property in the country.<ref>Rabbenu Yona (Aliyot of Rabbenu Yona Bava Basra 54b s.v. "Umi Amar") says this works like hefker beis din hefker, that the king has dominion over all property. </ref>
##Others explain that the Torah has a concept of a king, and that only makes sense if we must follow his laws.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121). Mabit (Kiryat Sefer Gezela 5:14). Meiri (Nedarim 28a) and the Vilna Gaon (C.M. 369:34) say that this is derived from the laws of a king derived from Sefer Shmuel Alef Perek 8.</ref>
#Dina D'Malchusa is determined based on how a law is enforced, not how it is written on the books<ref>Rav Asher Weiss (Shut Michas Asher 2:123) with regards to building a succah against the zoning laws that if the police don't enforce them, it is not a violation of dina d'malchusa. [http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf Article by Rabbi Ari Wasserman] quoting from Rav Pinchas Scheinberg with regards to speeding. Speeding is forbidden under dina d'malchusa, but the definition of speeding is dependent on how it is enforced, not the posted speed limit. Rabbi Aryeh Lebowitz quotes both sides of this discussion at 8:30 in this shiur <nowiki>https://www.yutorah.org/lectures/lecture.cfm/781443/rabbi-aryeh-lebowitz/ten-minute-halacha-obeying-traffic-laws/</nowiki></ref>
#Dina D'Malchusa is subject to interpretation based on logic.<ref>Rav Asher Weiss (Shut Michas Asher 2:123) says that late at night one can run a red light when you can clearly see that there is nobody coming and nobody looking who may learn from your behavior as the law didn't intend to prohibit this.</ref>

==To Who Does it Apply==

#Dina d'malchusa dina applies to all appointed officials who are keeping to the local laws, not just the king.<ref>Shut Rashba 1:637</ref>
#Some say Dina D'malchusa doesn't apply when there is an interaction between two Jews.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quotes the Chazon Ish who holds like Rabbenu Yonah Bava Batra 54 that dina d'malchusa is only between a Jew and a non-Jew</ref> Others argue that it applies between all people.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quoting Rama C.M. 369 </ref>

==To Which Laws Does it Apply==

#There is a discussion as to which laws one is obligated to follow the dina d'malchusa:
##Some say that dina d'malchusa dina only applies to laws related directly to the land (i.e. real estate).<ref>Rama C.M. 369:8. Rav Asher Weiss (Shut Minchas Asher 2:121:4:3) suggests that this works nicely with the opinion of the Ran quoted above that dina d'malchusa works because the land belongs to the king. However, according to the Rashbam quoted above that dina d'malchusa is a social contract, one could argue that there is no reason to distinguish between laws related to the land and other laws. However, he suggests that even according to the Ran, you don't have to distinguish as since the land belongs to him, he makes the rules</ref>
##Some say that dina d'malchusa dina applies to all financial matters<ref>Ra’aviah brought in Beis Yosef C.M. 369</ref>
##Some say that dina d'malchusa dina applies to government legislation, but not to rulings of the secular court. <ref>Sema 369:21 trying to resolve a contradiction between Rama C.M. 369:8 where he says dina d'malchusa applies across the board and 369:11 where he limits it to things which are beneficial for the king or for the good of the people, but not about going to secular court</ref>
##Some say that dina d'malchusa dina applies to government legislation and rulings of the secular court as long as they are for the benefit of society, but personal matters are not under the jurisdiction of dina d'malchusa.<ref>Rav Moshe Feinstein (Igros Moshe C.M. 2:62) quotes the Sema's explanation and disagrees discussing bankruptcy laws. See Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121:4:4) where he applies dina d'malchusa to cases such as traffic laws, sanitation laws, and mandatory inoculation.</ref>
#Dina D'malchusa is ineffective in causing an Asmachta to be binding.<ref>Emek Hamishpat 1:31:18 citing Maharsham in Mishpat Shalom 207:15</ref>
#We do not say Dina D'Malchusa when it contradicts the laws of the Torah.<ref>Shach C.M. 73:39. Rav Asher Weiss Minchas Asher 2:122 explains that this means we don't follow the dina d'malchusa when it contradicts with Torah values. Chazon Ish C.M. Likutim 16:1 questions this as all cases are against Torah Law. Teshuva MiAhava 1:117 discusses a case when there is a law that only certain rabbis can officiate at weddings and a different rabbi officiates. He concludes that the marriage is binding, but he did the wrong thing as dina d'malchusa is binding. Similarly, Rav Asher Weiss (Shut Michas Asher 2:123) discusses building a succah on your property when it is against zoning laws. He says although you have fulfilled your mitzvah of succah, you violated dina d'malchusa unless this is something the police know about and don't enforce</ref>

==Where Does it Apply==

#Dina d'malchuta dina applies to democracies such as the United States.<ref>Halachos of Other People's Money pg. 34. see note 71 where he quotes from Rav Yosef Eliyahu Henkin (Writings of Rav Yosef Eliyahu Henkin 96:8), Rav Shlomo Zalman Auerbach (Maadanei Eretz 20:8), Rav Moshe Feinstein (Igrot Moshe CM 2:62), Shevet Halevi 2:58. This makes sense with the Rashbam and Rambam that dina d'malchusa is a social contract. One could argue that according to the Ran that the reason for dina d'malchusa is that the king owns the land, this shouldn't apply to a democracy. However, Pe’as Sadecha (165) writes that even according to the Ran, dina d’malchusa dina applies because in a democracy the country belongs to the people, and their elected representatives have the same power as a king to legislate. </ref>
#Some say that dina d'malchusa doesn't apply in Israel. However, most authorities rule that it does apply.<ref>Ran Nedarim 28a s.v. Bamoches writes that Dina Dmalchusa is based on the fact that the king owns the land and everyone has to abide by his law. However, in Israel where Hashem gave the land to the Jewish people, there is no Dina Dmalchuta. This is quoted in Darkei Moshe CM 369:3 and Gra 369:35. Emek Hamishpat 1:31:18 writes that in his opinion we follow the Ran. The Chasam Sofer C.M. 44 says that according to the Rashbam, dina d'malchusa still applies. The Rambam (Hilchos Gezeilah 5:11), Tur and Shulchan Aruch (Choshen Mishpat 369:6) all rule against the Ran. This is also the opinion of Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121).</ref>

==Paying Taxes==
# There is an obligation to pay a standardized tax.<ref>Mordechai, Gittin, Perek Hameivi Get 325; Rambam Hilchot Gezela 5:12, Shulchan Aruch Choshen Mishpat 369:7. Meiri Baba Kama 113b applies to a progressive tax system, even if that tax is not in keeping with halachic methods. See Mishneh Halachot 12:445 who is of the opinion that avoiding paying taxes is only considered hafkat halvato, not paying up a loan, and not stealing.</ref>
# There is no obligation to pay taxes if the tax is an unfair tax. An unfair tax is a tax that is inconsistent for different people.<ref> Shulchan Aruch C.M. 369:6. Rama adds that a tax that is unique for Jews is considered a legitimate tax. </ref>
# One who does not pay taxes violates a Torah commandment of “lo tigzol” (Vayikra 19:13), as one is stealing from the government.<ref> Shulchan Aruch C.M. 369:6 </ref>
# One who violates tax laws of a country with a legitimate system of taxes is obligated to pay the resulting fines. <ref> Shulchan Aruch Choshen Mishpat 369:7 </ref>
# A Jew is permitted to work a tax agency and turn in Jews found guilty.<ref> Shevet Halevi, Chelek 2, Simar 18 </ref>
# It is prohibited to avoid paying taxes in a democracy such as the United States.<ref> Shu"t Igrot Moshe CM 2:29, Shu"t Shevet Halevi 2:58, [https://www.torahweb.org/torah/special/2005/rsch_taxes.html Rav Hershel Schachter]. see there where Rav Schachter writes that taxes nowadays would not only be binding because of dina dimalchuta dina. Paying taxes is also your obligation to the partnership because taxes are used to provide services to the citizens (fire, police, military, garbage, mail etc). All the people of the city, state, country have to contribute to provide for that. Thus, one who withholds his taxes is not only taking from the government. He is taking from the other citizens, which inevitably includes other Jews. </ref>
# According to some poskim, patronizing a Jewish merchant who cheats on his taxes violates the Biblical prohibition of lifnei iver.<ref> [https://www.jlaw.com/Commentary/payingtaxes.html Eli Clark] quoted from Rav Hershel Schachter </ref>

==Examples==

#If a person or company went bankrupt they do not have an enduring obligation to pay off their debt because bankruptcy laws are established and reasonable laws of the government.<ref>Igrot Moshe CM 2:62, Halachos of Other People’s Money p. 34 fnt. 71. Rav Moshe explains that since the bankruptcy laws are for the betterment of society which the Rama 369:8 writes is binding.</ref>
#If there’s a civil law to hand in a lost object that is found to a government official one must oblige because of Dina Dmalchuta Dina.<ref>Rama 259:7, Pitchei Choshen Aveidah 2:22</ref> See [https://www.law.cornell.edu/wex/lost_property common law on Cornell.edu].
#Some write that if a person has a contract with a penalty that is an asmachta even though it is binding in a secular court dina dmalchuta doesn’t make it binding between two Jews.<ref>Emek Mishpat v. 1 p. 260 writes that one should not assume that dina dmalchuta obligates a person to pay a contractual penalty. He explains that they are an asmachta and dina dmalchuta doesn't apply in Israel (Ran Nedarim 28a, Darkei Moshe 369:3, Gra 369:35). Also, he adds that Mishpat Shalom 207:15 writes that dina dmaclhuta doesn't make an asmachta binding. Also, Chazon Ish CM likkutim 16:11 writes that dina dmalchuta isn't applicable for a contractual penalty since dina dmalchuta doesn’t apply between two Jews.</ref>

==Stealing from the Government==

#see [[Being Careful With Other People's Money#Stealing_from_the_Government|Stealing from the government]]

==See Also==
[[Secular Court]]
==Sources==
<references />

Abiding by Civilian Law

2019-07-17T00:06:57Z

Ezralevy: /* Examples */

In general, there is a halachic principle called dina d'malkuta dina, which means that Halacha demands obedience to the laws made by civil authorities. However, it's important to note that this principle is limited and is discussed at length by the modern day Rabbinic authorities.<ref>[http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf See article by Rabbi Ari Wasserman]</ref>
==Source==

#Many assume that dina d'malchusa is binding from the Torah.<ref>Rashi Gittin 9b s.v. “chutz,” Meiri Nedarim 28a. Vilna Gaon C.M. 369:34</ref> Some say dina d'malchusa is Rabbinic in nature<ref>Beis Shmuel C.M. 28:3</ref>
#The Gemara says Dina D'Malchusa Dina ("the law of the land is the law").<ref>Baba Kama 113a, Nedarim 28a, Gittin 10b, Bava Basra 54b. The principle of dina di'alchusa dina is accepted as the halacha (Ritva Nedarim 28a says that there's no opinion in the Gemara that argues with it). Rambam Hilchot Gezelot 5:11 and Shulchan Aruch Choshen Mishpat 369:6 codify this principle as halacha regarding the taxes of the government. Shulchan Aruch C.M. 104:2 quotes this with regards to paying debts. </ref>
##Some explain this is a social contract.<ref>Rambam Hilchot Gezelah Vaveidah 5:18 and Rashbam Bava Basra 54b s.v. "Viahamar Shmuel" writes that the taxes and laws of the king are binding because the people accept it upon themselves. The Terumas HaDeshen 341 notes that this is true even if you voted against this government. Legislation is part of the way government runs and by living in the country, you establish that you accept its laws. Avnei Nezer YD 312:12 elaborates on this idea and explains that it is based on the phrase על ממלכתו הוא ובניו בקרב ישראל (Devarim 17:20) that the authority of a king derives from the consent of his people. An expression of how dina d'malchusa is based on the people is that the people of that country accept to use the coins of that king, and the Rambam says this shows their acceptance of the king. (Gra C.M. 369:9). </ref>
##Others explain that the land belongs to the king.<ref>Ran Nedarim 28a s.v. "Bamoches" says because the land belongs to the king, he can make the laws, and if you don't abide he can kick you out of his land. Shitah Mekubetzes Nedarim 28a explains that this is just like all property owners who can insist on standards on their property. Chatam Sofer 1:44 writes that the Ran is only referring to taxes that are against the will of the people, but laws related to custom and manners even the Ran agrees that these are binding because the people agree to the king's dominion. [http://www.daat.ac.il/daat/kitveyet/shana/ariel2-1.htm Rav Yakov Arieli] extends the Chatom Sofer to any taxes that are for the benefit of the people such as money spent on highways and bridges.</ref>
##Others explain that the king has dominion over all property in the country.<ref>Rabbenu Yona (Aliyot of Rabbenu Yona Bava Basra 54b s.v. "Umi Amar") says this works like hefker beis din hefker, that the king has dominion over all property. </ref>
##Others explain that the Torah has a concept of a king, and that only makes sense if we must follow his laws.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121). Mabit (Kiryat Sefer Gezela 5:14). Meiri (Nedarim 28a) and the Vilna Gaon (C.M. 369:34) say that this is derived from the laws of a king derived from Sefer Shmuel Alef Perek 8.</ref>
#Dina D'Malchusa is determined based on how a law is enforced, not how it is written on the books<ref>Rav Asher Weiss (Shut Michas Asher 2:123) with regards to building a succah against the zoning laws that if the police don't enforce them, it is not a violation of dina d'malchusa. [http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf Article by Rabbi Ari Wasserman] quoting from Rav Pinchas Scheinberg with regards to speeding. Speeding is forbidden under dina d'malchusa, but the definition of speeding is dependent on how it is enforced, not the posted speed limit. Rabbi Aryeh Lebowitz quotes both sides of this discussion at 8:30 in this shiur <nowiki>https://www.yutorah.org/lectures/lecture.cfm/781443/rabbi-aryeh-lebowitz/ten-minute-halacha-obeying-traffic-laws/</nowiki></ref>
#Dina D'Malchusa is subject to interpretation based on logic.<ref>Rav Asher Weiss (Shut Michas Asher 2:123) says that late at night one can run a red light when you can clearly see that there is nobody coming and nobody looking who may learn from your behavior as the law didn't intend to prohibit this.</ref>

==To Who Does it Apply==

#Dina d'malchusa dina applies to all appointed officials who are keeping to the local laws, not just the king.<ref>Shut Rashba 1:637</ref>
#Some say Dina D'malchusa doesn't apply when there is an interaction between two Jews.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quotes the Chazon Ish who holds like Rabbenu Yonah Bava Batra 54 that dina d'malchusa is only between a Jew and a non-Jew</ref> Others argue that it applies between all people.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quoting Rama C.M. 369 </ref>

==To Which Laws Does it Apply==

#There is a discussion as to which laws one is obligated to follow the dina d'malchusa:
##Some say that dina d'malchusa dina only applies to laws related directly to the land (i.e. real estate).<ref>Rama C.M. 369:8. Rav Asher Weiss (Shut Minchas Asher 2:121:4:3) suggests that this works nicely with the opinion of the Ran quoted above that dina d'malchusa works because the land belongs to the king. However, according to the Rashbam quoted above that dina d'malchusa is a social contract, one could argue that there is no reason to distinguish between laws related to the land and other laws. However, he suggests that even according to the Ran, you don't have to distinguish as since the land belongs to him, he makes the rules</ref>
##Some say that dina d'malchusa dina applies to all financial matters<ref>Ra’aviah brought in Beis Yosef C.M. 369</ref>
##Some say that dina d'malchusa dina applies to government legislation, but not to rulings of the secular court. <ref>Sema 369:21 trying to resolve a contradiction between Rama C.M. 369:8 where he says dina d'malchusa applies across the board and 369:11 where he limits it to things which are beneficial for the king or for the good of the people, but not about going to secular court</ref>
##Some say that dina d'malchusa dina applies to government legislation and rulings of the secular court as long as they are for the benefit of society, but personal matters are not under the jurisdiction of dina d'malchusa.<ref>Rav Moshe Feinstein (Igros Moshe C.M. 2:62) quotes the Sema's explanation and disagrees discussing bankruptcy laws. See Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121:4:4) where he applies dina d'malchusa to cases such as traffic laws, sanitation laws, and mandatory inoculation.</ref>
#Dina D'malchusa is ineffective in causing an Asmachta to be binding.<ref>Emek Hamishpat 1:31:18 citing Maharsham in Mishpat Shalom 207:15</ref>
#We do not say Dina D'Malchusa when it contradicts the laws of the Torah.<ref>Shach C.M. 73:39. Rav Asher Weiss Minchas Asher 2:122 explains that this means we don't follow the dina d'malchusa when it contradicts with Torah values. Chazon Ish C.M. Likutim 16:1 questions this as all cases are against Torah Law. Teshuva MiAhava 1:117 discusses a case when there is a law that only certain rabbis can officiate at weddings and a different rabbi officiates. He concludes that the marriage is binding, but he did the wrong thing as dina d'malchusa is binding. Similarly, Rav Asher Weiss (Shut Michas Asher 2:123) discusses building a succah on your property when it is against zoning laws. He says although you have fulfilled your mitzvah of succah, you violated dina d'malchusa unless this is something the police know about and don't enforce</ref>

==Where Does it Apply==

#Dina d'malchuta dina applies to democracies such as the United States.<ref>Halachos of Other People's Money pg. 34. see note 71 where he quotes from Rav Yosef Eliyahu Henkin (Writings of Rav Yosef Eliyahu Henkin 96:8), Rav Shlomo Zalman Auerbach (Maadanei Eretz 20:8), Rav Moshe Feinstein (Igrot Moshe CM 2:62), Shevet Halevi 2:58. This makes sense with the Rashbam and Rambam that dina d'malchusa is a social contract. One could argue that according to the Ran that the reason for dina d'malchusa is that the king owns the land, this shouldn't apply to a democracy. However, Pe’as Sadecha (165) writes that even according to the Ran, dina d’malchusa dina applies because in a democracy the country belongs to the people, and their elected representatives have the same power as a king to legislate. </ref>
#Some say that dina d'malchusa doesn't apply in Israel. However, most authorities rule that it does apply.<ref>Ran Nedarim 28a s.v. Bamoches writes that Dina Dmalchusa is based on the fact that the king owns the land and everyone has to abide by his law. However, in Israel where Hashem gave the land to the Jewish people, there is no Dina Dmalchuta. This is quoted in Darkei Moshe CM 369:3 and Gra 369:35. Emek Hamishpat 1:31:18 writes that in his opinion we follow the Ran. The Chasam Sofer C.M. 44 says that according to the Rashbam, dina d'malchusa still applies. The Rambam (Hilchos Gezeilah 5:11), Tur and Shulchan Aruch (Choshen Mishpat 369:6) all rule against the Ran. This is also the opinion of Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121).</ref>

==Paying Taxes==

==Examples==

#If a person or company went bankrupt they do not have an enduring obligation to pay off their debt because bankruptcy laws are established and reasonable laws of the government.<ref>Igrot Moshe CM 2:62, Halachos of Other People’s Money p. 34 fnt. 71. Rav Moshe explains that since the bankruptcy laws are for the betterment of society which the Rama 369:8 writes is binding.</ref>
#If there’s a civil law to hand in a lost object that is found to a government official one must oblige because of Dina Dmalchuta Dina.<ref>Rama 259:7, Pitchei Choshen Aveidah 2:22</ref> See [https://www.law.cornell.edu/wex/lost_property common law on Cornell.edu].
#Some write that if a person has a contract with a penalty that is an asmachta even though it is binding in a secular court dina dmalchuta doesn’t make it binding between two Jews.<ref>Emek Mishpat v. 1 p. 260 writes that one should not assume that dina dmalchuta obligates a person to pay a contractual penalty. He explains that they are an asmachta and dina dmalchuta doesn't apply in Israel (Ran Nedarim 28a, Darkei Moshe 369:3, Gra 369:35). Also, he adds that Mishpat Shalom 207:15 writes that dina dmaclhuta doesn't make an asmachta binding. Also, Chazon Ish CM likkutim 16:11 writes that dina dmalchuta isn't applicable for a contractual penalty since dina dmalchuta doesn’t apply between two Jews.</ref>

==Stealing from the Government==

#see [[Being Careful With Other People's Money#Stealing_from_the_Government|Stealing from the government]]

==See Also==
[[Secular Court]]
==Sources==
<references />

Halachos of Interviews

2019-07-17T00:05:21Z

Ezralevy: /* Selling Oneself */

==Selling Oneself==
Arrogance vs Humility

# Based on a precedent set by Rav Moshe Feinstein, a prospective employee is required to reveal all relevant information that a interviewer would not inquire about due to reasonable mistaken assumptions, otherwise there is an issue of genevat daat (deceptive behavior).<ref> Igrot Moshe, Yore Deah, volume 1, Simanim 30-31 </ref>

==False Advertising==
# It is forbidden to make oneself look younger than one really is for a date, job, or other age-restricted pursuit.<ref>Sefer Chassidim 379.</ref> One must not allow others to believe that one is a bigger scholar than one really is.<ref>Yerushalmi Makkot 2:6.</ref> This halacha is contributed from Pa'ot Hashulchani.
===Overstating a Positive Quality===
orchot tzadikim shaar anava
===Understating or Omitting a Negative Quality===

==Wearing a Kippah==
==Taking an Interview on Shabbat==
daber dvar
==Sources==
<references/>
[[Category:Business Halacha]]

Halachos of Interviews

2019-07-16T01:27:37Z

Ezralevy: /* Selling Oneself */

==Selling Oneself==
Arrogance vs Humility

# Based on a precedent set by Rav Moshe Feinstein, a prospective employee is required to reveal all relevant information that a interviewer would not inquire about due to reasonable mistaken assumptions, otherwise there is an issue of genevat daat (deceptive behavior). <ref> Igrot Moshe, Yore Deah, volume 1, Simanim 30-31 </ref>

==False Advertising==
# It is forbidden to make oneself look younger than one really is for a date, job, or other age-restricted pursuit.<ref>Sefer Chassidim 379.</ref> One must not allow others to believe that one is a bigger scholar than one really is.<ref>Yerushalmi Makkot 2:6.</ref> This halacha is contributed from Pa'ot Hashulchani.
===Overstating a Positive Quality===
orchot tzadikim shaar anava
===Understating or Omitting a Negative Quality===

==Wearing a Kippah==
==Taking an Interview on Shabbat==
daber dvar
==Sources==
<references/>
[[Category:Business Halacha]]

Abiding by Civilian Law

2019-07-16T01:14:00Z

Ezralevy:

In general, there is a halachic principle called dina d'malkuta dina, which means that Halacha demands obedience to the laws made by civil authorities. However, it's important to note that this principle is limited and is discussed at length by the modern day Rabbinic authorities.<ref>[http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf See article by Rabbi Ari Wasserman]</ref>
==Source==

#Many assume that dina d'malchusa is binding from the Torah.<ref>Rashi Gittin 9b s.v. “chutz,” Meiri Nedarim 28a. Vilna Gaon C.M. 369:34</ref> Some say dina d'malchusa is Rabbinic in nature<ref>Beis Shmuel C.M. 28:3</ref>
#The Gemara says Dina D'Malchusa Dina ("the law of the land is the law").<ref>Baba Kama 113a, Nedarim 28a, Gittin 10b, Bava Basra 54b. The principle of dina di'alchusa dina is accepted as the halacha (Ritva Nedarim 28a says that there's no opinion in the Gemara that argues with it). Rambam Hilchot Gezelot 5:11 and Shulchan Aruch Choshen Mishpat 369:6 codify this principle as halacha regarding the taxes of the government. Shulchan Aruch C.M. 104:2 quotes this with regards to paying debts. </ref>
##Some explain this is a social contract.<ref>Rambam Hilchot Gezelah Vaveidah 5:18 and Rashbam Bava Basra 54b s.v. "Viahamar Shmuel" writes that the taxes and laws of the king are binding because the people accept it upon themselves. The Terumas HaDeshen 341 notes that this is true even if you voted against this government. Legislation is part of the way government runs and by living in the country, you establish that you accept its laws. Avnei Nezer YD 312:12 elaborates on this idea and explains that it is based on the phrase על ממלכתו הוא ובניו בקרב ישראל (Devarim 17:20) that the authority of a king derives from the consent of his people. An expression of how dina d'malchusa is based on the people is that the people of that country accept to use the coins of that king, and the Rambam says this shows their acceptance of the king. (Gra C.M. 369:9). </ref>
##Others explain that the land belongs to the king.<ref>Ran Nedarim 28a s.v. "Bamoches" says because the land belongs to the king, he can make the laws, and if you don't abide he can kick you out of his land. Shitah Mekubetzes Nedarim 28a explains that this is just like all property owners who can insist on standards on their property. Chatam Sofer 1:44 writes that the Ran is only referring to taxes that are against the will of the people, but laws related to custom and manners even the Ran agrees that these are binding because the people agree to the king's dominion. [http://www.daat.ac.il/daat/kitveyet/shana/ariel2-1.htm Rav Yakov Arieli] extends the Chatom Sofer to any taxes that are for the benefit of the people such as money spent on highways and bridges.</ref>
##Others explain that the king has dominion over all property in the country.<ref>Rabbenu Yona (Aliyot of Rabbenu Yona Bava Basra 54b s.v. "Umi Amar") says this works like hefker beis din hefker, that the king has dominion over all property. </ref>
##Others explain that the Torah has a concept of a king, and that only makes sense if we must follow his laws.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121). Mabit (Kiryat Sefer Gezela 5:14). Meiri (Nedarim 28a) and the Vilna Gaon (C.M. 369:34) say that this is derived from the laws of a king derived from Sefer Shmuel Alef Perek 8.</ref>
#Dina D'Malchusa is determined based on how a law is enforced, not how it is written on the books<ref>Rav Asher Weiss (Shut Michas Asher 2:123) with regards to building a succah against the zoning laws that if the police don't enforce them, it is not a violation of dina d'malchusa. [http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf Article by Rabbi Ari Wasserman] quoting from Rav Pinchas Scheinberg with regards to speeding. Speeding is forbidden under dina d'malchusa, but the definition of speeding is dependent on how it is enforced, not the posted speed limit. Rabbi Aryeh Lebowitz quotes both sides of this discussion at 8:30 in this shiur <nowiki>https://www.yutorah.org/lectures/lecture.cfm/781443/rabbi-aryeh-lebowitz/ten-minute-halacha-obeying-traffic-laws/</nowiki></ref>
#Dina D'Malchusa is subject to interpretation based on logic.<ref>Rav Asher Weiss (Shut Michas Asher 2:123) says that late at night one can run a red light when you can clearly see that there is nobody coming and nobody looking who may learn from your behavior as the law didn't intend to prohibit this.</ref>

==To Who Does it Apply==

#Dina d'malchusa dina applies to all appointed officials who are keeping to the local laws, not just the king.<ref>Shut Rashba 1:637</ref>
#Some say Dina D'malchusa doesn't apply when there is an interaction between two Jews.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quotes the Chazon Ish who holds like Rabbenu Yonah Bava Batra 54 that dina d'malchusa is only between a Jew and a non-Jew</ref> Others argue that it applies between all people.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quoting Rama C.M. 369 </ref>

==To Which Laws Does it Apply==

#There is a discussion as to which laws one is obligated to follow the dina d'malchusa:
##Some say that dina d'malchusa dina only applies to laws related directly to the land (i.e. real estate).<ref>Rama C.M. 369:8. Rav Asher Weiss (Shut Minchas Asher 2:121:4:3) suggests that this works nicely with the opinion of the Ran quoted above that dina d'malchusa works because the land belongs to the king. However, according to the Rashbam quoted above that dina d'malchusa is a social contract, one could argue that there is no reason to distinguish between laws related to the land and other laws. However, he suggests that even according to the Ran, you don't have to distinguish as since the land belongs to him, he makes the rules</ref>
##Some say that dina d'malchusa dina applies to all financial matters<ref>Ra’aviah brought in Beis Yosef C.M. 369</ref>
##Some say that dina d'malchusa dina applies to government legislation, but not to rulings of the secular court. <ref>Sema 369:21 trying to resolve a contradiction between Rama C.M. 369:8 where he says dina d'malchusa applies across the board and 369:11 where he limits it to things which are beneficial for the king or for the good of the people, but not about going to secular court</ref>
##Some say that dina d'malchusa dina applies to government legislation and rulings of the secular court as long as they are for the benefit of society, but personal matters are not under the jurisdiction of dina d'malchusa.<ref>Rav Moshe Feinstein (Igros Moshe C.M. 2:62) quotes the Sema's explanation and disagrees discussing bankruptcy laws. See Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121:4:4) where he applies dina d'malchusa to cases such as traffic laws, sanitation laws, and mandatory inoculation.</ref>
#Dina D'malchusa is ineffective in causing an Asmachta to be binding.<ref>Emek Hamishpat 1:31:18 citing Maharsham in Mishpat Shalom 207:15</ref>
#We do not say Dina D'Malchusa when it contradicts the laws of the Torah.<ref>Shach C.M. 73:39. Rav Asher Weiss Minchas Asher 2:122 explains that this means we don't follow the dina d'malchusa when it contradicts with Torah values. Chazon Ish C.M. Likutim 16:1 questions this as all cases are against Torah Law. Teshuva MiAhava 1:117 discusses a case when there is a law that only certain rabbis can officiate at weddings and a different rabbi officiates. He concludes that the marriage is binding, but he did the wrong thing as dina d'malchusa is binding. Similarly, Rav Asher Weiss (Shut Michas Asher 2:123) discusses building a succah on your property when it is against zoning laws. He says although you have fulfilled your mitzvah of succah, you violated dina d'malchusa unless this is something the police know about and don't enforce</ref>

==Where Does it Apply==

#Dina d'malchuta dina applies to democracies such as the United States.<ref>Halachos of Other People's Money pg. 34. see note 71 where he quotes from Rav Yosef Eliyahu Henkin (Writings of Rav Yosef Eliyahu Henkin 96:8), Rav Shlomo Zalman Auerbach (Maadanei Eretz 20:8), Rav Moshe Feinstein (Igrot Moshe CM 2:62), Shevet Halevi 2:58. This makes sense with the Rashbam and Rambam that dina d'malchusa is a social contract. One could argue that according to the Ran that the reason for dina d'malchusa is that the king owns the land, this shouldn't apply to a democracy. However, Pe’as Sadecha (165) writes that even according to the Ran, dina d’malchusa dina applies because in a democracy the country belongs to the people, and their elected representatives have the same power as a king to legislate. </ref>
#Some say that dina d'malchusa doesn't apply in Israel. However, most authorities rule that it does apply.<ref>Ran Nedarim 28a s.v. Bamoches writes that Dina Dmalchusa is based on the fact that the king owns the land and everyone has to abide by his law. However, in Israel where Hashem gave the land to the Jewish people, there is no Dina Dmalchuta. This is quoted in Darkei Moshe CM 369:3 and Gra 369:35. Emek Hamishpat 1:31:18 writes that in his opinion we follow the Ran. The Chasam Sofer C.M. 44 says that according to the Rashbam, dina d'malchusa still applies. The Rambam (Hilchos Gezeilah 5:11), Tur and Shulchan Aruch (Choshen Mishpat 369:6) all rule against the Ran. This is also the opinion of Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121).</ref>

==Examples==

#If a person or company went bankrupt they do not have an enduring obligation to pay off their debt because bankruptcy laws are established and reasonable laws of the government.<ref>Igrot Moshe CM 2:62, Halachos of Other People’s Money p. 34 fnt. 71. Rav Moshe explains that since the bankruptcy laws are for the betterment of society which the Rama 369:8 writes is binding.</ref>
#If there’s a civil law to hand in a lost object that is found to a government official one must oblige because of Dina Dmalchuta Dina.<ref>Rama 259:7, Pitchei Choshen Aveidah 2:22</ref> See [https://www.law.cornell.edu/wex/lost_property common law on Cornell.edu].
#Some write that if a person has a contract with a penalty that is an asmachta even though it is binding in a secular court dina dmalchuta doesn’t make it binding between two Jews.<ref>Emek Mishpat v. 1 p. 260 writes that one should not assume that dina dmalchuta obligates a person to pay a contractual penalty. He explains that they are an asmachta and dina dmalchuta doesn't apply in Israel (Ran Nedarim 28a, Darkei Moshe 369:3, Gra 369:35). Also, he adds that Mishpat Shalom 207:15 writes that dina dmaclhuta doesn't make an asmachta binding. Also, Chazon Ish CM likkutim 16:11 writes that dina dmalchuta isn't applicable for a contractual penalty since dina dmalchuta doesn’t apply between two Jews.</ref>

==Stealing from the Government==

#see [[Being Careful With Other People's Money#Stealing_from_the_Government|Stealing from the government]]

==See Also==
[[Secular Court]]
==Sources==
<references />

Abiding by Civilian Law

2019-07-16T00:54:33Z

Ezralevy:

In general, there is a halachic principle called dina d'malkuta dina, which means that Halacha demands obedience to the laws made by civil authorities. However, it's important to note that this principle is limited and is discussed at length by the modern day Rabbinic authorities.<ref>[http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf See article by Rabbi Ari Wasserman]</ref>
==Source==

#Many assume that dina d'malchusa is binding from the Torah.<ref>Rashi Gittin 9b s.v. “chutz,” Meiri Nedarim 28a. Vilna Gaon C.M. 369:34</ref> Some say dina d'malchusa is Rabbinic in nature<ref>Beis Shmuel C.M. 28:3</ref>
#The Gemara says Dina D'Malchusa Dina ("the law of the land is the law").<ref>Baba Kama 113a, Nedarim 28a, Gittin 10b, Bava Basra 54b. The principle of dina di'alchusa dina is accepted as the halacha (Ritva Nedarim 28a says that there's no opinion in the Gemara that argues with it). Rambam Hilchot Gezelot 5:11 and Shulchan Aruch Choshen Mishpat 369:6 codify this principle as halacha regarding the taxes of the government. Shulchan Aruch C.M. 104:2 quotes this with regards to paying debts. </ref>
##Some explain this is a social contract.<ref>Rambam Hilchot Gezelah Vaveidah 5:18 and Rashbam Bava Basra 54b s.v. "Viahamar Shmuel" writes that the taxes and laws of the king are binding because the people accept it upon themselves. The Terumas HaDeshen 341 notes that this is true even if you voted against this government. Legislation is part of the way government runs and by living in the country, you establish that you accept its laws. Avnei Nezer YD 312:12 elaborates on this idea and explains that it is based on the phrase על ממלכתו הוא ובניו בקרב ישראל (Devarim 17:20) that the authority of a king derives from the consent of his people. An expression of how dina d'malchusa is based on the people is that the people of that country accept to use the coins of that king, and the Rambam says this shows their acceptance of the king. (Gra C.M. 369:9). </ref>
##Others explain that the land belongs to the king.<ref>Ran Nedarim 28a s.v. "Bamoches" says because the land belongs to the king, he can make the laws, and if you don't abide he can kick you out of his land. Shitah Mekubetzes Nedarim 28a explains that this is just like all property owners who can insist on standards on their property. Chatam Sofer 1:44 writes that the Ran is only referring to taxes that are against the will of the people, but laws related to custom and manners even the Ran agrees that these are binding because the people agree to the king's dominion. [http://www.daat.ac.il/daat/kitveyet/shana/ariel2-1.htm Rav Yakov Arieli] extends the Chatom Sofer to any taxes that are for the benefit of the people such as money spent on highways and bridges.</ref>
##Others explain that the king has dominion over all property in the country.<ref>Rabbenu Yona (Aliyot of Rabbenu Yona Bava Basra 54b s.v. "Umi Amar") says this works like hefker beis din hefker, that the king has dominion over all property. </ref>
##Others explain that the Torah has a concept of a king, and that only makes sense if we must follow his laws.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121). Mabit (Kiryat Sefer Gezela 5:14). Meiri (Nedarim 28a) and the Vilna Gaon (C.M. 369:34) say that this is derived from the laws of a king derived from Sefer Shmuel Alef Perek 8.</ref>
#Dina D'Malchusa is determined based on how a law is enforced, not how it is written on the books<ref>Rav Asher Weiss (Shut Michas Asher 2:123) with regards to building a succah against the zoning laws that if the police don't enforce them, it is not a violation of dina d'malchusa. [http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf Article by Rabbi Ari Wasserman] quoting from Rav Pinchas Scheinberg with regards to speeding. Speeding is forbidden under dina d'malchusa, but the definition of speeding is dependent on how it is enforced, not the posted speed limit. Rabbi Aryeh Lebowitz quotes both sides of this discussion at 8:30 in this shiur <nowiki>https://www.yutorah.org/lectures/lecture.cfm/781443/rabbi-aryeh-lebowitz/ten-minute-halacha-obeying-traffic-laws/</nowiki></ref>
#Dina D'Malchusa is subject to interpretation based on logic.<ref>Rav Asher Weiss (Shut Michas Asher 2:123) says that late at night one can run a red light when you can clearly see that there is nobody coming and nobody looking who may learn from your behavior as the law didn't intend to prohibit this.</ref>

==To Who Does it Apply==

#Dina d'malchusa dina applies to all appointed officials who are keeping to the local laws, not just the king.<ref>Shut Rashba 1:637</ref>
#Some say Dina D'malchusa doesn't apply when there is an interaction between two Jews.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quotes the Chazon Ish who holds like Rabbenu Yonah Bava Batra 54 that dina d'malchusa is only between a Jew and a non-Jew</ref> Others argue that it applies between all people.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quoting Rama C.M. 369 </ref>

==To Which Laws Does it Apply==

#There is a discussion as to which laws one is obligated to follow the dina d'malchusa:
##Some say that dina d'malchusa dina only applies to laws related directly to the land (i.e. real estate).<ref>Rama C.M. 369:8. Rav Asher Weiss (Shut Minchas Asher 2:121:4:3) suggests that this works nicely with the opinion of the Ran quoted above that dina d'malchusa works because the land belongs to the king. However, according to the Rashbam quoted above that dina d'malchusa is a social contract, one could argue that there is no reason to distinguish between laws related to the land and other laws. However, he suggests that even according to the Ran, you don't have to distinguish as since the land belongs to him, he makes the rules</ref>
##Some say that dina d'malchusa dina applies to all financial matters<ref>Ra’aviah brought in Beis Yosef C.M. 369</ref>
##Some say that dina d'malchusa dina applies to government legislation, but not to rulings of the secular court. <ref>Sema 369:21 trying to resolve a contradiction between Rama C.M. 369:8 where he says dina d'malchusa applies across the board and 369:11 where he limits it to things which are beneficial for the king or for the good of the people, but not about going to secular court</ref>
##Some say that dina d'malchusa dina applies to government legislation and rulings of the secular court as long as they are for the benefit of society, but personal matters are not under the jurisdiction of dina d'malchusa.<ref>Rav Moshe Feinstein (Igros Moshe C.M. 2:62) quotes the Sema's explanation and disagrees discussing bankruptcy laws. See Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121:4:4) where he applies dina d'malchusa to cases such as traffic laws, sanitation laws, and mandatory inoculation.</ref>
#Dina D'malchusa is ineffective in causing an Asmachta to be binding.<ref>Emek Hamishpat 1:31:18 citing Maharsham in Mishpat Shalom 207:15</ref>
#We do not say Dina D'Malchusa when it contradicts the laws of the Torah.<ref>Shach C.M. 73:39. Rav Asher Weiss Minchas Asher 2:122 explains that this means we don't follow the dina d'malchusa when it contradicts with Torah values. Chazon Ish C.M. Likutim 16:1 questions this as all cases are against Torah Law. Teshuva MiAhava 1:117 discusses a case when there is a law that only certain rabbis can officiate at weddings and a different rabbi officiates. He concludes that the marriage is binding, but he did the wrong thing as dina d'malchusa is binding. Similarly, Rav Asher Weiss (Shut Michas Asher 2:123) discusses building a succah on your property when it is against zoning laws. He says although you have fulfilled your mitzvah of succah, you violated dina d'malchusa unless this is something the police know about and don't enforce</ref>

==Where Does it Apply==

#Dina d'malchuta dina applies to democracies such as the United States.<ref>Halachos of Other People's Money pg. 34. see note 71 where he quotes from Rav Yosef Eliyahu Henkin (Writings of Rav Yosef Eliyahu Henkin 96:8), Rav Shlomo Zalman Auerbach (Maadanei Eretz 20:8), Rav Moshe Feinstein (Igrot Moshe CM 2:62), Shevet Halevi 2:58. This makes sense with the Rashbam and Rambam that dina d'malchusa is a social contract. One could argue that according to the Ran that the reason for dina d'malchusa is that the king owns the land, this shouldn't apply to a democracy. However, Pe’as Sadecha (165) writes that even according to the Ran, dina d’malchusa dina applies because in a democracy the country belongs to the people, and their elected representatives have the same power as a king to legislate. </ref>
#Some say that dina d'malchusa doesn't apply in Israel. However, most authorities rule that it does apply.<ref>Ran Nedarim 28a s.v. Bamoches writes that Dina Dmalchusa is based on the fact that the king owns the land and everyone has to abide by his law. However, in Israel where Hashem gave the land to the Jewish people, there is no Dina Dmalchuta. This is quoted in Darkei Moshe CM 369:3 and Gra 369:35. Emek Hamishpat 1:31:18 writes that in his opinion we follow the Ran. The Chasam Sofer C.M. 44 says that according to the Rashbam, dina d'malchusa still applies. The Rambam (Hilchos Gezeilah 5:11), Tur and Shulchan Aruch (Choshen Mishpat 369:6) all rule against the Ran. This is also the opinion of Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121).</ref>

==Examples==

#If a person or company went bankrupt they don’t have an enduring obligation to pay off their debt.<ref>Igrot Moshe CM 2:62, Halachos of Other People’s Money p. 34 fnt. 71. Rav Moshe explains that since the bankruptcy laws are for the betterment of society which the Rama 369:8 writes is binding.</ref>
#If there’s a civil law to hand in a lost object that is found to a government official one must oblige because of Dina Dmalchuta Dina.<ref>Rama 259:7, Pitchei Choshen Aveidah 2:22</ref> See [https://www.law.cornell.edu/wex/lost_property common law on Cornell.edu].
#Some write that if a person has a contract with a penalty that is an asmachta even though it is binding in a secular court dina dmalchuta doesn’t make it binding between two Jews.<ref>Emek Mishpat v. 1 p. 260 writes that one should not assume that dina dmalchuta obligates a person to pay a contractual penalty. He explains that they are an asmachta and dina dmalchuta doesn't apply in Israel (Ran Nedarim 28a, Darkei Moshe 369:3, Gra 369:35). Also, he adds that Mishpat Shalom 207:15 writes that dina dmaclhuta doesn't make an asmachta binding. Also, Chazon Ish CM likkutim 16:11 writes that dina dmalchuta isn't applicable for a contractual penalty since dina dmalchuta doesn’t apply between two Jews.</ref>

==Stealing from the Government==

#see [[Being Careful With Other People's Money#Stealing_from_the_Government|Stealing from the government]]

==See Also==
[[Secular Court]]
==Sources==
<references />

Dina D'Malchusa Dina

2019-07-16T00:49:22Z

Ezralevy: Ezralevy moved page Dina D'Malchusa Dina to Abiding by Civilian Law

#REDIRECT [[Abiding by Civilian Law]]

Abiding by Civilian Law

2019-07-16T00:49:21Z

Ezralevy: Ezralevy moved page Dina D'Malchusa Dina to Abiding by Civilian Law

In general, there is a halachic principle called dina d'malkuta dina, which means that Halacha demands obedience to the laws made by civil authorities. However, it's important to note that this principle is limited and is discussed at length by the modern day Rabbinic authorities.<ref>[http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf See article by Rabbi Ari Wasserman]</ref>
==Source==

#Many assume that dina d'malchusa is binding from the Torah.<ref>Rashi Gittin 9b s.v. “chutz,” Meiri Nedarim 28a. Vilna Gaon C.M. 369:34</ref> Some say dina d'malchusa is Rabbinic in nature<ref>Beis Shmuel C.M. 28:3</ref>
#The Gemara says Dina D'Malchusa Dina ("the law of the land is the law").<ref>Baba Kama 113a, Nedarim 28a, Gittin 10b, Bava Basra 54b. The principle of dina di'alchusa dina is accepted as the halacha (Ritva Nedarim 28a says that there's no opinion in the Gemara that argues with it). Rambam Hilchot Gezelot 5:11 and Shulchan Aruch Choshen Mishpat 369:6 codify this principle as halacha regarding the taxes of the government. Shulchan Aruch C.M. 104:2 quotes this with regards to paying debts. </ref>
##Some explain this is a social contract.<ref>Rambam Hilchot Gezelah Vaveidah 5:18 and Rashbam Bava Basra 54b s.v. "Viahamar Shmuel" writes that the taxes and laws of the king are binding because the people accept it upon themselves. The Terumas HaDeshen 341 notes that this is true even if you voted against this government. Legislation is part of the way government runs and by living in the country, you establish that you accept its laws. Avnei Nezer YD 312:12 elaborates on this idea and explains that it is based on the phrase על ממלכתו הוא ובניו בקרב ישראל (Devarim 17:20) that the authority of a king derives from the consent of his people. An expression of how dina d'malchusa is based on the people is that the people of that country accept to use the coins of that king, and the Rambam says this shows their acceptance of the king. (Gra C.M. 369:9). </ref>
##Others explain that the land belongs to the king.<ref>Ran Nedarim 28a s.v. "Bamoches" says because the land belongs to the king, he can make the laws, and if you don't abide he can kick you out of his land. Shitah Mekubetzes Nedarim 28a explains that this is just like all property owners who can insist on standards on their property. Chatam Sofer 1:44 writes that the Ran is only referring to taxes that are against the will of the people, but laws related to custom and manners even the Ran agrees that these are binding because the people agree to the king's dominion. [http://www.daat.ac.il/daat/kitveyet/shana/ariel2-1.htm Rav Yakov Arieli] extends the Chatom Sofer to any taxes that are for the benefit of the people such as money spent on highways and bridges.</ref>
##Others explain that the king has dominion over all property in the country.<ref>Rabbenu Yona (Aliyot of Rabbenu Yona Bava Basra 54b s.v. "Umi Amar") says this works like hefker beis din hefker, that the king has dominion over all property. </ref>
##Others explain that the Torah has a concept of a king, and that only makes sense if we must follow his laws.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121). Mabit (Kiryat Sefer Gezela 5:14). Meiri (Nedarim 28a) and the Vilna Gaon (C.M. 369:34) say that this is derived from the laws of a king derived from Sefer Shmuel Alef Perek 8.</ref>
#Dina D'Malchusa is determined based on how a law is enforced, not how it is written on the books<ref>Rav Asher Weiss (Shut Michas Asher 2:123) with regards to building a succah against the zoning laws that if the police don't enforce them, it is not a violation of dina d'malchusa. [http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf Article by Rabbi Ari Wasserman] quoting from Rav Pinchas Scheinberg with regards to speeding. Speeding is forbidden under dina d'malchusa, but the definition of speeding is dependent on how it is enforced, not the posted speed limit. Rabbi Aryeh Lebowitz quotes both sides of this discussion at 8:30 in this shiur <nowiki>https://www.yutorah.org/lectures/lecture.cfm/781443/rabbi-aryeh-lebowitz/ten-minute-halacha-obeying-traffic-laws/</nowiki></ref>
#Dina D'Malchusa is subject to interpretation based on logic.<ref>Rav Asher Weiss (Shut Michas Asher 2:123) says that late at night one can run a red light when you can clearly see that there is nobody coming and nobody looking who may learn from your behavior as the law didn't intend to prohibit this.</ref>

==To Who Does it Apply==

#Dina d'malchusa dina applies to all appointed officials who are keeping to the local laws, not just the king.<ref>Shut Rashba 1:637</ref>
#Some say Dina D'malchusa doesn't apply when there is an interaction between two Jews.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quotes the Chazon Ish who holds like Rabbenu Yonah Bava Batra 54 that dina d'malchusa is only between a Jew and a non-Jew</ref> Others argue that it applies between all people.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quoting Rama C.M. 369 </ref>

==To Which Laws Does it Apply==

#There is a discussion as to which laws one is obligated to follow the dina d'malchusa:
##Some say that dina d'malchusa dina only applies to laws related directly to the land (i.e. real estate).<ref>Rama C.M. 369:8. Rav Asher Weiss (Shut Minchas Asher 2:121:4:3) suggests that this works nicely with the opinion of the Ran quoted above that dina d'malchusa works because the land belongs to the king. However, according to the Rashbam quoted above that dina d'malchusa is a social contract, one could argue that there is no reason to distinguish between laws related to the land and other laws. However, he suggests that even according to the Ran, you don't have to distinguish as since the land belongs to him, he makes the rules</ref>
##Some say that dina d'malchusa dina applies to all financial matters<ref>Ra’aviah brought in Beis Yosef C.M. 369</ref>
##Some say that dina d'malchusa dina applies to government legislation, but not to rulings of the secular court. <ref>Sema 369:21 trying to resolve a contradiction between Rama C.M. 369:8 where he says dina d'malchusa applies across the board and 369:11 where he limits it to things which are beneficial for the king or for the good of the people, but not about going to secular court</ref>
##Some say that dina d'malchusa dina applies to government legislation and rulings of the secular court as long as they are for the benefit of society, but personal matters are not under the jurisdiction of dina d'malchusa.<ref>Rav Moshe Feinstein (Igros Moshe C.M. 2:62) quotes the Sema's explanation and disagrees discussing bankruptcy laws. See Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121:4:4) where he applies dina d'malchusa to cases such as traffic laws, sanitation laws, and mandatory inoculation.</ref>
#Dina D'malchusa is ineffective in causing an Asmachta to be binding.<ref>Emek Hamishpat 1:31:18 citing Maharsham in Mishpat Shalom 207:15</ref>
#We do not say Dina D'Malchusa when it contradicts the laws of the Torah.<ref>Shach C.M. 73:39. Rav Asher Weiss Minchas Asher 2:122 explains that this means we don't follow the dina d'malchusa when it contradicts with Torah values. Chazon Ish C.M. Likutim 16:1 questions this as all cases are against Torah Law. Teshuva MiAhava 1:117 discusses a case when there is a law that only certain rabbis can officiate at weddings and a different rabbi officiates. He concludes that the marriage is binding, but he did the wrong thing as dina d'malchusa is binding. Similarly, Rav Asher Weiss (Shut Michas Asher 2:123) discusses building a succah on your property when it is against zoning laws. He says although you have fulfilled your mitzvah of succah, you violated dina d'malchusa unless this is something the police know about and don't enforce</ref>

==Where Does it Apply==

#Dina d'malchuta dina applies to democracies such as the United States.<ref>Halachos of Other People's Money pg. 34. see note 71 where he quotes from Rav Yosef Eliyahu Henkin (Writings of Rav Yosef Eliyahu Henkin 96:8), Rav Shlomo Zalman Auerbach (Maadanei Eretz 20:8), Rav Moshe Feinstein (Igrot Moshe CM 2:62), Shevet Halevi 2:58. This makes sense with the Rashbam and Rambam that dina d'malchusa is a social contract. One could argue that according to the Ran that the reason for dina d'malchusa is that the king owns the land, this shouldn't apply to a democracy. However, Pe’as Sadecha (165) writes that even according to the Ran, dina d’malchusa dina applies because in a democracy the country belongs to the people, and their elected representatives have the same power as a king to legislate. </ref>
#Some say that dina d'malchusa doesn't apply in Israel.<ref>Ran Nedarim 28a s.v. Bamoches writes that Dina Dmalchusa is based on the fact that the king owns the land and everyone has to abide by his law. However, in Israel where Hashem gave the land to the Jewish people, there is no Dina Dmalchuta. This is quoted in Darkei Moshe CM 369:3 and Gra 369:35. Emek Hamishpat 1:31:18 writes that in his opinion we follow the Ran. The Chasam Sofer C.M. 44 says that according to the Rashbam, dina d'malchusa still applies. The Rambam (Hilchos Gezeilah 5:11), Tur and Shulchan Aruch (Choshen Mishpat 369:6) all rule against the Ran. This is also the opinion of Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121).</ref>
==Examples==
# If a person or company went bankrupt they don’t have an enduring obligation to pay off their debt.<ref>Igrot Moshe CM 2:62, Halachos of Other People’s Money p. 34 fnt. 71. Rav Moshe explains that since the bankruptcy laws are for the betterment of society which the Rama 369:8 writes is binding.</ref>
# If there’s a civil law to hand in a lost object that is found to a government official one must oblige because of Dina Dmalchuta Dina.<ref>Rama 259:7, Pitchei Choshen Aveidah 2:22</ref> See [https://www.law.cornell.edu/wex/lost_property common law on Cornell.edu].
#Some write that if a person has a contract with a penalty that is an asmachta even though it is binding in a secular court dina dmalchuta doesn’t make it binding between two Jews.<ref>Emek Mishpat v. 1 p. 260 writes that one should not assume that dina dmalchuta obligates a person to pay a contractual penalty. He explains that they are an asmachta and dina dmalchuta doesn't apply in Israel (Ran Nedarim 28a, Darkei Moshe 369:3, Gra 369:35). Also, he adds that Mishpat Shalom 207:15 writes that dina dmaclhuta doesn't make an asmachta binding. Also, Chazon Ish CM likkutim 16:11 writes that dina dmalchuta isn't applicable for a contractual penalty since dina dmalchuta doesn’t apply between two Jews.</ref>

==Stealing from the Government==

#see [[Being Careful With Other People's Money#Stealing_from_the_Government|Stealing from the government]]

==See Also==
[[Secular Court]]
==Sources==
<references />

Non-muktzeh Items

2018-12-23T15:44:33Z

Ezralevy: /* Rules */

{{Okay}}
==Kli Sh’Melachto LeHeter==
===Definition===
# An item that’s primarily used for permitted purposes is called Kli Sh’Melachto LeHeter. <Ref> see further; Tiltulei [[Shabbat]] (pg 18) </ref>
# A vessel of any size or weight is considered a vessel even if it’s not usually moved during the week and isn’t [[Muktzeh]]. However, if one doesn’t move it during the week because one’s afraid of it breaking it’s considered [[Muktzeh Machmat Chisaron Kis]]. <Ref>S”A 308:2, Mishna Brurah 308:8 </ref>

===Rules===
# It’s permissible to move or touch a Kli Sh’Melachto LeHeter item for any purpose. However, even Kli Sh’Melachto LeHeter may not be moved for no purpose at all. <Ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 1; S”A 308:4 rules that a Kli Sh’Melachto LeHeter may be moved even for purposes that serve the vessel itself such as to prevent it from breaking or being stolen. Tiltulei [[Shabbat]] (pg 18) explains that this type of purposes includes any purpose for the movement (as is evident by the inverse case). However, concludes S”A, it’s forbidden to move Kli Sh’Melachto LeHeter for no purpose. Kitzur Shulchan Aruch 85:8 agrees. The gemara (Shabbos 123b) quotes a tosefta discussing the historical development of the prohibition of tiltul keilim. The gemara explains that virtually all keilim were included in the initial prohibition and these keilim could not be moved even litzorech gufo or litzorech mikomo. However, as time went on, chazal ultimately permitted movement of a kli shemilachto li’isur litzorech gufo or litzorech mikomo and a kli shemilachto liheter even meichama l’tzeil (see gemara there for a dissenting opinion not accepted lihalacha.) <br/> The Beis Yosef (308:4) quotes the Maggid Mishna (shabbos 25:3) who infers from the Rambam that while a kli shemilachto liheter is the most lenient type of kli, it may not be moved shelo ltzarich klal. The Maggid Mishna explains that this emerges from the gemara, as the gemara’s phraseology “meichama ltzeil” seems to limit the permissibility to cases that protect the item. <br/> A further proof that a kli shemilachto liheter cannot be moved shelo litzorech klal is brought from the gemara’s conclusion on 124a that the shelves containing the lechem hapanim could not be moved in order to freshen the bread since the bread will not become stale in the interim if these shelves are not handled. This indicates that one needs a sufficient tzorech in order to move a kli shemilachto liheter (see Chiddushei haRan 124a and Ridvaz on Rambam Tmidim Umusafim 5:11.)<br/> The Mishna Brurah 308:23 records a lenient opinion that allows the movement of silverware and the like which are constantly handled, as these keilim were never included in the prohibition of tiltul keilim. This leniency is based on Tosfos 123b d’h miktzoa who considers it untenable that chazal would have ever prohibited moving such everyday items. The Mishna Brurah admits that the Rambam seems to prohibit even such movement (see Shaar Hatzion 21.) <br/> The Dirshu Mishna Brurah’s footnote 29 quotes some poskim who permit those who move items out of nervous habit or to help concentrate while learning to do so on Shabbos, as this is considered a tzorech. See also Aruch Hashulchan 308:15 who rules that any movement which a person performs intentionally must have some purpose and is therefore permitted. </ref> However, foods and seforim may be moved even without purpose as these items are not muktzah at all. Hacham Ovadia clarifies that foods which are prohibited to eat on shabbat are also prohibited to handle (tiltul). <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 22 </ref>
# It’s permissible to move a Kli Sh’Melachto LeHeter for purposes that serve the vessel itself such as prevent it from breaking or being stolen. <Ref> S”A 308:4; Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 1 </ref>
# Some say that it's permissible to move a Kli Sh'Melachto LeHeter if one has pleasure in moving it. <ref>Aruch HaShulchan 308:15, Minchat [[Shabbat]] 88:53 says that Kli Sh'Melachto LeHeter may be moved if there's pleasure in moving it. Chazon Ovadyah (vol 3, pg 7) relies on this in regards to silverware where there's another dispute if it's considered like food or like [[Kli SheMelachto LeHeter]]. See also Avnei Nezer OC 403. However, Yalkut Yosef ([[Shabbat]] vol 2 pg 457, Sherit Yosef pg 418) was strict regarding silverware for no purpose.</ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter without any intent as that’s considered moving it for no purpose. <Ref> Aruch HaShulchan 308:15, Tiltulei [[Shabbat]] (pg 18) </ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter for a need for after [[Shabbat]] as that’s considered moving it for no purpose (for [[Shabbat]]) <ref> Mishna Brurah 308:21 </ref>

===Examples===
* air freshener <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* alarm clocks <ref> Shemirat [[Shabbat]] KeHilchata 28:54 </ref>
* artificial plants <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* (baby) rattle as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur </ref>
* baseball bat, glove and mit <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* binoculars <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers binoculars Kli Sh’Melachto LeHeter </ref>
* blech <ref> Tiltulei [[Shabbat]] (pg 33) </ref>
* blocks (toy) <ref> Sefer Tiltulei [[Shabbat]] (pg 24) in name of Rav Moshe Feinstein since they are designated for children’s use and other permitted uses. So agrees Shalmei Yehuda (pg 90) as long as the blocks don’t connect they are considered Kli Sh’Melachto LeHeter. </ref>
* books of secular wisdom <ref>S”A 307:17 writes that it’s forbidden to learn secular wisdom on [[Shabbat]] and some permit. Mishna Brurah 307:65 comments that the minhag is to be lenient. Regarding [[Muktzeh]] 308:50 writes that some say it’s not [[Muktzeh]] and some say it may be [[Muktzeh]]. Mishna Brurah 308:164 writes that the Gra holds that both opinions would be lenient and also references his comment in 307. Hacham Ovadia Yosef (Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 31) differentiates between books of wisdom and medicine versus history books. He maintains that the former is not muktze at all because some say that they are permissible to read on Shabbat but the latter is muktze because they are not permissible to read on Shabbat. </ref>
* broom which have bristles that do not break<ref> S”A 308:49 writes that a broom isn’t [[Muktzeh]], however, Mishna Brurah 308:168 writes that it’s considered [[Kli Sh’Melachto LeIssur]] because one may not use a broom on [[Shabbat]] even on a tiled floor. Nowadays, however, Sefer Tiltulei [[Shabbat]] (Rav Bodner pg 29) considers brooms which have bristles that do not break to be Kli Sh’Melachto LeHeter since it’s permitted to broom a tiled floor where most of the homes of the city have tiled floors (Beiur Halacha 337:2 s.v. VeYesh; Sefer Hilchot [[Shabbat]] (vol 2 pg 51, [[Choresh]] note 115, by Rabbi Eider) in name of Rabbi Moshe Feinstein writes that nowadays it’s permissible to use a broom on ground with flooring.) </ref>
* chess <ref> Shalmei Yehuda (pg 91) in name of Rav Elyashiv, Sefer Tiltulei [[Shabbat]] (pg 27). </ref>
* deodorant <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* egg-slicer <ref> Tiltulei [[Shabbat]] (pg 55 in the footnote) </ref>
* empty pots used for [[cooking]] and serving but not designated for either one <ref> Tiltulei [[Shabbat]] (pg 43 note 25(3)) quotes Kesot HaShulchan (Badei HaShulchan 108:12) who rules that if a pot is designated for both serving and [[cooking]] even if it’s mostly used for [[cooking]] it’s considered a Kli Sh’Melachto LeHeter. </ref>
* empty pots primarily used for serving but are sometimes used for [[cooking]] <ref> Tiltulei [[Shabbat]] (pg 43-4) rules that a pot that’s designated for serving and [[cooking]] but is used primarily for serving is certainly considered Kli Sh’Melachto LeHeter. </ref>
* furniture <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* hair spray <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* handball racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* insect repellent <ref> Sefer Tiltulei [[Shabbat]] (pg 109), Shalmei Yehuda (pg 179) in name of Rav Elyashiv who explained that it’s permissible to spray on [[Shabbat]] </ref>
* kitchen scissors (used to cut food or food bags) <ref>Shemirat [[Shabbat]] KeHilchata 20:16 </ref>
* magnet <ref> Tiltulei [[Shabbat]] (pg 32). see more at [[Games_on_Shabbat#Magnets | Magnets]] </ref>
* marbles <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers marbles Kli Sh’Melachto LeHeter </ref>
* microscopes <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers microscopes Kli Sh’Melachto LeHeter </ref>
* musical toy as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* perfume sprays <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* perfumes <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* pingpong racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* plastic tarp or sheet <ref> Sh"t Igrot Moshe 5:39(4) writes that it's permissible to cover the [[Sukkah]] with a plastic sheet on [[Shabbat]] and [[Yom Tov]] without an issue of Boneh by making an Ohel nor the issue of [[muktzah]]. </ref>
* racquetball racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* safety pin <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* salt shaker (even if it has rice in it) <ref> Shalmei Yehuda 6:5 writes that according to those who permit (oral ruling from Rav Elyashiv, Az Nidbaru 2:14, 4:23, Yalkut Yosef [[Shabbat]] vol 3 pg 307) having dry rice in the salt shaker and don’t consider it [[Muktzeh]] there’s no question that the shaker isn’t [[Muktzeh]]. However, says the Shalmei Yehuda, even according to those who forbid (Rav Moshe Feinstein quoted in Hilchot [[Shabbat]] by Rabbi Eider, Melachat [[Borer]] note 103, Shemirat [[Shabbat]] KeHilchata 3:60) who forbids will agree that it’s not [[Muktzeh]] since it can be used without rice. </ref>
* telescopes <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers telescopes Kli Sh’Melachto LeHeter </ref>
* tennis racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* thermos <ref> Shalmei Yehuda 6:4 writes that a thermos isn’t [[Muktzeh]] since many (Chazon Ish 37:35, Az Nidbaru 1:48-9, 3:17, Igrot Moshe 1:95, oral ruling from Rav Elyashiv) permit pouring hot water from a Kli RIshon in there and it’s not [[hatmana]]. [However, according to Sh”t Shevet HaLevi 1:93 that it’s forbidden to put hot water into a thermos, thermos should be considered a [[Kli Sh’Melachto LeIssur]].] </ref>
* toothpick <ref> Tiltulei [[Shabbat]] (pg 32) </ref>
* toy phone as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* talking doll as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* water used for [[Netilat Yadayim]] and [[Mayim Achronim]] <ref>Beiur Halacha 338:8 s.v. Asur writes that water used for [[Netilat Yadayim]] and [[Mayim Achronim]] isn’t [[Muktzeh]]. Rav Pinchas Sheinburg (his Kuntres on [[Muktzah]] in Shalmei Yehuda (pg 264-5) agrees with Beiur Halacha. However, Rav Binyamin Zilber in Brit Olam (pg 111 #30) and Sh”t Az Nidbaru 1:79(179) argues that it should be considered [[Muktzeh]]. </ref>
* wind-up toy <ref> Sefer Tiltulei [[Shabbat]] (pg 28) quoting Rav Moshe Feinstein considers wind-up toys Kli Sh’Melachto LeHeter by reasoning that even though it’s forbidden to wind up a toy the toy is not [[Muktzeh]] since they’re designated for little kids.</ref>
* whistle as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur </ref>
* wrist watch (mechanical <ref> Mishna Brurah 308:168 writes that mechanical wrist and pocket watches are non-[[Muktzeh]]. Sefer Tiltulei [[Shabbat]] (pg 20 writes that a self-winding watch is also non-[[Muktzeh]]. </ref> or electric <ref>Sefer Tiltulei [[Shabbat]] (pg 20-21) in name of Rav Moshe Feinstein writes that electric wrist watches are non-[[Muktzeh]] and one doesn’t need to cover the buttons unless one feels that one will hit a button. Menuchat Ahava 12:3 holds that one should be strict not to move an electric watch on [[Shabbat]] but the strict law is that it’s permissible. </ref>) as long as it works <ref>Shemirat [[Shabbat]] KeHilchata 28:25 and Rav Elyashiv quoted by Sefer Tiltulei [[Shabbat]] (pg 21) consider non-working watches to be [[Muktzeh]], however, Kaf HaChaim 308:277 quoted by Sefer Tiltulei [[Shabbat]] (pg 21) and Yalkut Yosef (Kitzur S”A 308) write that for a person who would wear the watch as jewelry and wear it even if it wasn’t working, the watch is considered non-[[muktzah]] </ref>

==Items that are entirely excluded from Muktzeh==
===Definition===
# Certain items that Chazal excluded from the laws of [[Muktzeh]] altogether are non-[[Muktzeh]]. <Ref> see further; Tiltulei [[Shabbat]] (pg 19) </ref>
===Rules===
# It’s permissible to move or touch a non-[[Muktzeh]] item even for no purpose at all. <Ref>S”A 308:4 rules that holy books and food may be moved for no purpose at all as they weren’t included in the gezerah of [[Muktzeh]] at all. Tiltulei [[Shabbat]] (pg 18) </ref>
===Examples===
* Food and drinks <ref> S”A 308:4; Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 9; Hacham Ovadia (Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 22) writes that foods which are prohibited to eat on shabbat are also prohibited to handle (tiltul). </ref>
* Food utensils including dishes, glasses, and silverware <ref> Mishna Brurah 308:23 rules that food utensils may be moved even for no purpose at all even though some authorities hold that food utensils are considered Kli Sh’Melachto LeHeter and not non-[[Muktzeh]]. [Since the language of Mishna Brurah is the utensils that are on the table and used often aren’t [[Muktzeh]] seemingly including serving utensils.] This is also the opinion of Tiltulei [[Shabbat]] (pg 19) (with the language of many authorities versus some authorities). Menuchat Ahava 12:2 rules leniently but adds that it's preferable to be strict. </ref>
* Sefarim (holy books which are permissible to read) <ref> S”A 308:4 writes that Kitvei Kodesh, holy books, are non-[[Muktzeh]]. Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 9 quotes this Halacha. Kitzur Shulchan Aruch 85:8 agrees. Mishna Brurah 308:22 adds that the Pri Megadim and Eliyah Rabba consider a [[megillah]] in this category even though the Pri Chadash 688:6 considers it [[Muktzeh]] (See Sharei Teshuva 308:2). The Tiltulei [[Shabbat]] (pg 32) also rules leniently. </ref>
* Some authorities permit reading books of wisdom and medicine, so they are not muktze. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 31 </ref>

===Further examples===
# Some consider the following to be exceptions to [[muktzeh]] just like the above examples.
* chairs that will be used for sitting <ref> Shalmei Yehuda 6:1 </ref>
* clothing that will be used on [[Shabbat]] <ref> Shalmei Yehuda 4:1 writes that clothing that will be used on [[Shabbat]] is considered non-[[Muktzeh]] according to all, while clothing that won’t be used on [[Shabbat]], some consider it non-[[Muktzeh]] while others consider it Kli Sh’Melachto LeHeter. Shemirat [[Shabbat]] KeHilchata 20:83 rules like the Kesot HaShulchan (Badei HaShulchan 108:7) who holds that clothing are considered non-[[muktzah]] like food. Nachalat Yisrael 1:7 (pg 3), Mechaze Eliyahu 45, and Shevut Yitzchak ([[Muktzah]] pg 85) quoting Rav Elayshiv agree. Yalkut Yosef (vol 2, pg 463) is also lenient regarding clothing. See also Meiri 124b s.v. Kli (quoted by Nachalat Yisrael by 140) who considers clothes as a Kli SheMelacha LeHeter.</ref>
* empty bottles for drinks <ref> Shalmei Yehuda 6:1 </ref>
* keys to the house <ref> Shalmei Yehuda 6:1 </ref>
* serving utensils <ref> Shalmei Yehuda 6:1 writes in the name of Rav Elyashiv and another Talmid Chacham that the exception from the laws of [[Muktzeh]] includes anything that’s always used on [[Shabbat]] such as a chair, a house key, tablecloth, empty bottle, [[Tallit]] bag. If so, certainly serving utensils are also included. </ref>
* tablecloth <ref> Shalmei Yehuda 6:1 </ref>
* [[Tallit]] bag <ref> Shalmei Yehuda 6:1 </ref>
* Medicine that is found in the house, which is permissible for a choleh she'en bo sakana, is not muktze and may be moved from sun to shade. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 19, and an example given is aspirin </ref>

==Sources==
<references/>
[[Category:Shabbat]]
[[Category:Muktzeh]]

Non-muktzeh Items

2018-12-23T15:39:45Z

Ezralevy: /* Examples */

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==Kli Sh’Melachto LeHeter==
===Definition===
# An item that’s primarily used for permitted purposes is called Kli Sh’Melachto LeHeter. <Ref> see further; Tiltulei [[Shabbat]] (pg 18) </ref>
# A vessel of any size or weight is considered a vessel even if it’s not usually moved during the week and isn’t [[Muktzeh]]. However, if one doesn’t move it during the week because one’s afraid of it breaking it’s considered [[Muktzeh Machmat Chisaron Kis]]. <Ref>S”A 308:2, Mishna Brurah 308:8 </ref>

===Rules===
# It’s permissible to move or touch a Kli Sh’Melachto LeHeter item for any purpose. However, even Kli Sh’Melachto LeHeter may not be moved for no purpose at all. <Ref>S”A 308:4 rules that a Kli Sh’Melachto LeHeter may be moved even for purposes that serve the vessel itself such as to prevent it from breaking or being stolen. Tiltulei [[Shabbat]] (pg 18) explains that this type of purposes includes any purpose for the movement (as is evident by the inverse case). However, concludes S”A, it’s forbidden to move Kli Sh’Melachto LeHeter for no purpose. Kitzur Shulchan Aruch 85:8 agrees. The gemara (Shabbos 123b) quotes a tosefta discussing the historical development of the prohibition of tiltul keilim. The gemara explains that virtually all keilim were included in the initial prohibition and these keilim could not be moved even litzorech gufo or litzorech mikomo. However, as time went on, chazal ultimately permitted movement of a kli shemilachto li’isur litzorech gufo or litzorech mikomo and a kli shemilachto liheter even meichama l’tzeil (see gemara there for a dissenting opinion not accepted lihalacha.) <br/> The Beis Yosef (308:4) quotes the Maggid Mishna (shabbos 25:3) who infers from the Rambam that while a kli shemilachto liheter is the most lenient type of kli, it may not be moved shelo ltzarich klal. The Maggid Mishna explains that this emerges from the gemara, as the gemara’s phraseology “meichama ltzeil” seems to limit the permissibility to cases that protect the item. <br/> A further proof that a kli shemilachto liheter cannot be moved shelo litzorech klal is brought from the gemara’s conclusion on 124a that the shelves containing the lechem hapanim could not be moved in order to freshen the bread since the bread will not become stale in the interim if these shelves are not handled. This indicates that one needs a sufficient tzorech in order to move a kli shemilachto liheter (see Chiddushei haRan 124a and Ridvaz on Rambam Tmidim Umusafim 5:11.)<br/> The Mishna Brurah 308:23 records a lenient opinion that allows the movement of silverware and the like which are constantly handled, as these keilim were never included in the prohibition of tiltul keilim. This leniency is based on Tosfos 123b d’h miktzoa who considers it untenable that chazal would have ever prohibited moving such everyday items. The Mishna Brurah admits that the Rambam seems to prohibit even such movement (see Shaar Hatzion 21.) <br/> The Dirshu Mishna Brurah’s footnote 29 quotes some poskim who permit those who move items out of nervous habit or to help concentrate while learning to do so on Shabbos, as this is considered a tzorech. See also Aruch Hashulchan 308:15 who rules that any movement which a person performs intentionally must have some purpose and is therefore permitted. </ref> However, foods and seforim may be moved even without purpose as these items are not muktzah at all. Hacham Ovadia clarifies that foods which are prohibited to eat on shabbat are also prohibited to handle (tiltul). <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 22 </ref>
# It’s permissible to move a Kli Sh’Melachto LeHeter for purposes that serve the vessel itself such as prevent it from breaking or being stolen. <Ref> S”A 308:4 </ref>
# Some say that it's permissible to move a Kli Sh'Melachto LeHeter if one has pleasure in moving it. <ref>Aruch HaShulchan 308:15, Minchat [[Shabbat]] 88:53 says that Kli Sh'Melachto LeHeter may be moved if there's pleasure in moving it. Chazon Ovadyah (vol 3, pg 7) relies on this in regards to silverware where there's another dispute if it's considered like food or like [[Kli SheMelachto LeHeter]]. See also Avnei Nezer OC 403. However, Yalkut Yosef ([[Shabbat]] vol 2 pg 457, Sherit Yosef pg 418) was strict regarding silverware for no purpose.</ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter without any intent as that’s considered moving it for no purpose. <Ref> Aruch HaShulchan 308:15, Tiltulei [[Shabbat]] (pg 18) </ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter for a need for after [[Shabbat]] as that’s considered moving it for no purpose (for [[Shabbat]]) <ref> Mishna Brurah 308:21 </ref>

===Examples===
* air freshener <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* alarm clocks <ref> Shemirat [[Shabbat]] KeHilchata 28:54 </ref>
* artificial plants <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* (baby) rattle as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur </ref>
* baseball bat, glove and mit <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* binoculars <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers binoculars Kli Sh’Melachto LeHeter </ref>
* blech <ref> Tiltulei [[Shabbat]] (pg 33) </ref>
* blocks (toy) <ref> Sefer Tiltulei [[Shabbat]] (pg 24) in name of Rav Moshe Feinstein since they are designated for children’s use and other permitted uses. So agrees Shalmei Yehuda (pg 90) as long as the blocks don’t connect they are considered Kli Sh’Melachto LeHeter. </ref>
* books of secular wisdom <ref>S”A 307:17 writes that it’s forbidden to learn secular wisdom on [[Shabbat]] and some permit. Mishna Brurah 307:65 comments that the minhag is to be lenient. Regarding [[Muktzeh]] 308:50 writes that some say it’s not [[Muktzeh]] and some say it may be [[Muktzeh]]. Mishna Brurah 308:164 writes that the Gra holds that both opinions would be lenient and also references his comment in 307. Hacham Ovadia Yosef (Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 31) differentiates between books of wisdom and medicine versus history books. He maintains that the former is not muktze at all because some say that they are permissible to read on Shabbat but the latter is muktze because they are not permissible to read on Shabbat. </ref>
* broom which have bristles that do not break<ref> S”A 308:49 writes that a broom isn’t [[Muktzeh]], however, Mishna Brurah 308:168 writes that it’s considered [[Kli Sh’Melachto LeIssur]] because one may not use a broom on [[Shabbat]] even on a tiled floor. Nowadays, however, Sefer Tiltulei [[Shabbat]] (Rav Bodner pg 29) considers brooms which have bristles that do not break to be Kli Sh’Melachto LeHeter since it’s permitted to broom a tiled floor where most of the homes of the city have tiled floors (Beiur Halacha 337:2 s.v. VeYesh; Sefer Hilchot [[Shabbat]] (vol 2 pg 51, [[Choresh]] note 115, by Rabbi Eider) in name of Rabbi Moshe Feinstein writes that nowadays it’s permissible to use a broom on ground with flooring.) </ref>
* chess <ref> Shalmei Yehuda (pg 91) in name of Rav Elyashiv, Sefer Tiltulei [[Shabbat]] (pg 27). </ref>
* deodorant <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* egg-slicer <ref> Tiltulei [[Shabbat]] (pg 55 in the footnote) </ref>
* empty pots used for [[cooking]] and serving but not designated for either one <ref> Tiltulei [[Shabbat]] (pg 43 note 25(3)) quotes Kesot HaShulchan (Badei HaShulchan 108:12) who rules that if a pot is designated for both serving and [[cooking]] even if it’s mostly used for [[cooking]] it’s considered a Kli Sh’Melachto LeHeter. </ref>
* empty pots primarily used for serving but are sometimes used for [[cooking]] <ref> Tiltulei [[Shabbat]] (pg 43-4) rules that a pot that’s designated for serving and [[cooking]] but is used primarily for serving is certainly considered Kli Sh’Melachto LeHeter. </ref>
* furniture <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* hair spray <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* handball racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* insect repellent <ref> Sefer Tiltulei [[Shabbat]] (pg 109), Shalmei Yehuda (pg 179) in name of Rav Elyashiv who explained that it’s permissible to spray on [[Shabbat]] </ref>
* kitchen scissors (used to cut food or food bags) <ref>Shemirat [[Shabbat]] KeHilchata 20:16 </ref>
* magnet <ref> Tiltulei [[Shabbat]] (pg 32). see more at [[Games_on_Shabbat#Magnets | Magnets]] </ref>
* marbles <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers marbles Kli Sh’Melachto LeHeter </ref>
* microscopes <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers microscopes Kli Sh’Melachto LeHeter </ref>
* musical toy as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* perfume sprays <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* perfumes <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* pingpong racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* plastic tarp or sheet <ref> Sh"t Igrot Moshe 5:39(4) writes that it's permissible to cover the [[Sukkah]] with a plastic sheet on [[Shabbat]] and [[Yom Tov]] without an issue of Boneh by making an Ohel nor the issue of [[muktzah]]. </ref>
* racquetball racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* safety pin <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* salt shaker (even if it has rice in it) <ref> Shalmei Yehuda 6:5 writes that according to those who permit (oral ruling from Rav Elyashiv, Az Nidbaru 2:14, 4:23, Yalkut Yosef [[Shabbat]] vol 3 pg 307) having dry rice in the salt shaker and don’t consider it [[Muktzeh]] there’s no question that the shaker isn’t [[Muktzeh]]. However, says the Shalmei Yehuda, even according to those who forbid (Rav Moshe Feinstein quoted in Hilchot [[Shabbat]] by Rabbi Eider, Melachat [[Borer]] note 103, Shemirat [[Shabbat]] KeHilchata 3:60) who forbids will agree that it’s not [[Muktzeh]] since it can be used without rice. </ref>
* telescopes <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers telescopes Kli Sh’Melachto LeHeter </ref>
* tennis racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* thermos <ref> Shalmei Yehuda 6:4 writes that a thermos isn’t [[Muktzeh]] since many (Chazon Ish 37:35, Az Nidbaru 1:48-9, 3:17, Igrot Moshe 1:95, oral ruling from Rav Elyashiv) permit pouring hot water from a Kli RIshon in there and it’s not [[hatmana]]. [However, according to Sh”t Shevet HaLevi 1:93 that it’s forbidden to put hot water into a thermos, thermos should be considered a [[Kli Sh’Melachto LeIssur]].] </ref>
* toothpick <ref> Tiltulei [[Shabbat]] (pg 32) </ref>
* toy phone as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* talking doll as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* water used for [[Netilat Yadayim]] and [[Mayim Achronim]] <ref>Beiur Halacha 338:8 s.v. Asur writes that water used for [[Netilat Yadayim]] and [[Mayim Achronim]] isn’t [[Muktzeh]]. Rav Pinchas Sheinburg (his Kuntres on [[Muktzah]] in Shalmei Yehuda (pg 264-5) agrees with Beiur Halacha. However, Rav Binyamin Zilber in Brit Olam (pg 111 #30) and Sh”t Az Nidbaru 1:79(179) argues that it should be considered [[Muktzeh]]. </ref>
* wind-up toy <ref> Sefer Tiltulei [[Shabbat]] (pg 28) quoting Rav Moshe Feinstein considers wind-up toys Kli Sh’Melachto LeHeter by reasoning that even though it’s forbidden to wind up a toy the toy is not [[Muktzeh]] since they’re designated for little kids.</ref>
* whistle as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur </ref>
* wrist watch (mechanical <ref> Mishna Brurah 308:168 writes that mechanical wrist and pocket watches are non-[[Muktzeh]]. Sefer Tiltulei [[Shabbat]] (pg 20 writes that a self-winding watch is also non-[[Muktzeh]]. </ref> or electric <ref>Sefer Tiltulei [[Shabbat]] (pg 20-21) in name of Rav Moshe Feinstein writes that electric wrist watches are non-[[Muktzeh]] and one doesn’t need to cover the buttons unless one feels that one will hit a button. Menuchat Ahava 12:3 holds that one should be strict not to move an electric watch on [[Shabbat]] but the strict law is that it’s permissible. </ref>) as long as it works <ref>Shemirat [[Shabbat]] KeHilchata 28:25 and Rav Elyashiv quoted by Sefer Tiltulei [[Shabbat]] (pg 21) consider non-working watches to be [[Muktzeh]], however, Kaf HaChaim 308:277 quoted by Sefer Tiltulei [[Shabbat]] (pg 21) and Yalkut Yosef (Kitzur S”A 308) write that for a person who would wear the watch as jewelry and wear it even if it wasn’t working, the watch is considered non-[[muktzah]] </ref>

==Items that are entirely excluded from Muktzeh==
===Definition===
# Certain items that Chazal excluded from the laws of [[Muktzeh]] altogether are non-[[Muktzeh]]. <Ref> see further; Tiltulei [[Shabbat]] (pg 19) </ref>
===Rules===
# It’s permissible to move or touch a non-[[Muktzeh]] item even for no purpose at all. <Ref>S”A 308:4 rules that holy books and food may be moved for no purpose at all as they weren’t included in the gezerah of [[Muktzeh]] at all. Tiltulei [[Shabbat]] (pg 18) </ref>
===Examples===
* Food and drinks <ref> S”A 308:4; Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 9; Hacham Ovadia (Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 22) writes that foods which are prohibited to eat on shabbat are also prohibited to handle (tiltul). </ref>
* Food utensils including dishes, glasses, and silverware <ref> Mishna Brurah 308:23 rules that food utensils may be moved even for no purpose at all even though some authorities hold that food utensils are considered Kli Sh’Melachto LeHeter and not non-[[Muktzeh]]. [Since the language of Mishna Brurah is the utensils that are on the table and used often aren’t [[Muktzeh]] seemingly including serving utensils.] This is also the opinion of Tiltulei [[Shabbat]] (pg 19) (with the language of many authorities versus some authorities). Menuchat Ahava 12:2 rules leniently but adds that it's preferable to be strict. </ref>
* Sefarim (holy books which are permissible to read) <ref> S”A 308:4 writes that Kitvei Kodesh, holy books, are non-[[Muktzeh]]. Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 9 quotes this Halacha. Kitzur Shulchan Aruch 85:8 agrees. Mishna Brurah 308:22 adds that the Pri Megadim and Eliyah Rabba consider a [[megillah]] in this category even though the Pri Chadash 688:6 considers it [[Muktzeh]] (See Sharei Teshuva 308:2). The Tiltulei [[Shabbat]] (pg 32) also rules leniently. </ref>
* Some authorities permit reading books of wisdom and medicine, so they are not muktze. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 31 </ref>

===Further examples===
# Some consider the following to be exceptions to [[muktzeh]] just like the above examples.
* chairs that will be used for sitting <ref> Shalmei Yehuda 6:1 </ref>
* clothing that will be used on [[Shabbat]] <ref> Shalmei Yehuda 4:1 writes that clothing that will be used on [[Shabbat]] is considered non-[[Muktzeh]] according to all, while clothing that won’t be used on [[Shabbat]], some consider it non-[[Muktzeh]] while others consider it Kli Sh’Melachto LeHeter. Shemirat [[Shabbat]] KeHilchata 20:83 rules like the Kesot HaShulchan (Badei HaShulchan 108:7) who holds that clothing are considered non-[[muktzah]] like food. Nachalat Yisrael 1:7 (pg 3), Mechaze Eliyahu 45, and Shevut Yitzchak ([[Muktzah]] pg 85) quoting Rav Elayshiv agree. Yalkut Yosef (vol 2, pg 463) is also lenient regarding clothing. See also Meiri 124b s.v. Kli (quoted by Nachalat Yisrael by 140) who considers clothes as a Kli SheMelacha LeHeter.</ref>
* empty bottles for drinks <ref> Shalmei Yehuda 6:1 </ref>
* keys to the house <ref> Shalmei Yehuda 6:1 </ref>
* serving utensils <ref> Shalmei Yehuda 6:1 writes in the name of Rav Elyashiv and another Talmid Chacham that the exception from the laws of [[Muktzeh]] includes anything that’s always used on [[Shabbat]] such as a chair, a house key, tablecloth, empty bottle, [[Tallit]] bag. If so, certainly serving utensils are also included. </ref>
* tablecloth <ref> Shalmei Yehuda 6:1 </ref>
* [[Tallit]] bag <ref> Shalmei Yehuda 6:1 </ref>
* Medicine that is found in the house, which is permissible for a choleh she'en bo sakana, is not muktze and may be moved from sun to shade. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 19, and an example given is aspirin </ref>

==Sources==
<references/>
[[Category:Shabbat]]
[[Category:Muktzeh]]

Non-muktzeh Items

2018-12-23T15:37:12Z

Ezralevy: /* Further examples */

{{Okay}}
==Kli Sh’Melachto LeHeter==
===Definition===
# An item that’s primarily used for permitted purposes is called Kli Sh’Melachto LeHeter. <Ref> see further; Tiltulei [[Shabbat]] (pg 18) </ref>
# A vessel of any size or weight is considered a vessel even if it’s not usually moved during the week and isn’t [[Muktzeh]]. However, if one doesn’t move it during the week because one’s afraid of it breaking it’s considered [[Muktzeh Machmat Chisaron Kis]]. <Ref>S”A 308:2, Mishna Brurah 308:8 </ref>

===Rules===
# It’s permissible to move or touch a Kli Sh’Melachto LeHeter item for any purpose. However, even Kli Sh’Melachto LeHeter may not be moved for no purpose at all. <Ref>S”A 308:4 rules that a Kli Sh’Melachto LeHeter may be moved even for purposes that serve the vessel itself such as to prevent it from breaking or being stolen. Tiltulei [[Shabbat]] (pg 18) explains that this type of purposes includes any purpose for the movement (as is evident by the inverse case). However, concludes S”A, it’s forbidden to move Kli Sh’Melachto LeHeter for no purpose. Kitzur Shulchan Aruch 85:8 agrees. The gemara (Shabbos 123b) quotes a tosefta discussing the historical development of the prohibition of tiltul keilim. The gemara explains that virtually all keilim were included in the initial prohibition and these keilim could not be moved even litzorech gufo or litzorech mikomo. However, as time went on, chazal ultimately permitted movement of a kli shemilachto li’isur litzorech gufo or litzorech mikomo and a kli shemilachto liheter even meichama l’tzeil (see gemara there for a dissenting opinion not accepted lihalacha.) <br/> The Beis Yosef (308:4) quotes the Maggid Mishna (shabbos 25:3) who infers from the Rambam that while a kli shemilachto liheter is the most lenient type of kli, it may not be moved shelo ltzarich klal. The Maggid Mishna explains that this emerges from the gemara, as the gemara’s phraseology “meichama ltzeil” seems to limit the permissibility to cases that protect the item. <br/> A further proof that a kli shemilachto liheter cannot be moved shelo litzorech klal is brought from the gemara’s conclusion on 124a that the shelves containing the lechem hapanim could not be moved in order to freshen the bread since the bread will not become stale in the interim if these shelves are not handled. This indicates that one needs a sufficient tzorech in order to move a kli shemilachto liheter (see Chiddushei haRan 124a and Ridvaz on Rambam Tmidim Umusafim 5:11.)<br/> The Mishna Brurah 308:23 records a lenient opinion that allows the movement of silverware and the like which are constantly handled, as these keilim were never included in the prohibition of tiltul keilim. This leniency is based on Tosfos 123b d’h miktzoa who considers it untenable that chazal would have ever prohibited moving such everyday items. The Mishna Brurah admits that the Rambam seems to prohibit even such movement (see Shaar Hatzion 21.) <br/> The Dirshu Mishna Brurah’s footnote 29 quotes some poskim who permit those who move items out of nervous habit or to help concentrate while learning to do so on Shabbos, as this is considered a tzorech. See also Aruch Hashulchan 308:15 who rules that any movement which a person performs intentionally must have some purpose and is therefore permitted. </ref> However, foods and seforim may be moved even without purpose as these items are not muktzah at all. Hacham Ovadia clarifies that foods which are prohibited to eat on shabbat are also prohibited to handle (tiltul). <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 22 </ref>
# It’s permissible to move a Kli Sh’Melachto LeHeter for purposes that serve the vessel itself such as prevent it from breaking or being stolen. <Ref> S”A 308:4 </ref>
# Some say that it's permissible to move a Kli Sh'Melachto LeHeter if one has pleasure in moving it. <ref>Aruch HaShulchan 308:15, Minchat [[Shabbat]] 88:53 says that Kli Sh'Melachto LeHeter may be moved if there's pleasure in moving it. Chazon Ovadyah (vol 3, pg 7) relies on this in regards to silverware where there's another dispute if it's considered like food or like [[Kli SheMelachto LeHeter]]. See also Avnei Nezer OC 403. However, Yalkut Yosef ([[Shabbat]] vol 2 pg 457, Sherit Yosef pg 418) was strict regarding silverware for no purpose.</ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter without any intent as that’s considered moving it for no purpose. <Ref> Aruch HaShulchan 308:15, Tiltulei [[Shabbat]] (pg 18) </ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter for a need for after [[Shabbat]] as that’s considered moving it for no purpose (for [[Shabbat]]) <ref> Mishna Brurah 308:21 </ref>

===Examples===
* air freshener <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* alarm clocks <ref> Shemirat [[Shabbat]] KeHilchata 28:54 </ref>
* artificial plants <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* (baby) rattle as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur </ref>
* baseball bat, glove and mit <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* binoculars <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers binoculars Kli Sh’Melachto LeHeter </ref>
* blech <ref> Tiltulei [[Shabbat]] (pg 33) </ref>
* blocks (toy) <ref> Sefer Tiltulei [[Shabbat]] (pg 24) in name of Rav Moshe Feinstein since they are designated for children’s use and other permitted uses. So agrees Shalmei Yehuda (pg 90) as long as the blocks don’t connect they are considered Kli Sh’Melachto LeHeter. </ref>
* books of secular wisdom <ref>S”A 307:17 writes that it’s forbidden to learn secular wisdom on [[Shabbat]] and some permit. Mishna Brurah 307:65 comments that the minhag is to be lenient. Regarding [[Muktzeh]] 308:50 writes that some say it’s not [[Muktzeh]] and some say it may be [[Muktzeh]]. Mishna Brurah 308:164 writes that the Gra holds that both opinions would be lenient and also references his comment in 307. Hacham Ovadia Yosef (Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 31) differentiates between books of wisdom and medicine versus history books. He maintains that the former is not muktze at all because some say that they are permissible to read on Shabbat but the latter is muktze because they are not permissible to read on Shabbat. </ref>
* broom which have bristles that do not break<ref> S”A 308:49 writes that a broom isn’t [[Muktzeh]], however, Mishna Brurah 308:168 writes that it’s considered [[Kli Sh’Melachto LeIssur]] because one may not use a broom on [[Shabbat]] even on a tiled floor. Nowadays, however, Sefer Tiltulei [[Shabbat]] (Rav Bodner pg 29) considers brooms which have bristles that do not break to be Kli Sh’Melachto LeHeter since it’s permitted to broom a tiled floor where most of the homes of the city have tiled floors (Beiur Halacha 337:2 s.v. VeYesh; Sefer Hilchot [[Shabbat]] (vol 2 pg 51, [[Choresh]] note 115, by Rabbi Eider) in name of Rabbi Moshe Feinstein writes that nowadays it’s permissible to use a broom on ground with flooring.) </ref>
* chess <ref> Shalmei Yehuda (pg 91) in name of Rav Elyashiv, Sefer Tiltulei [[Shabbat]] (pg 27). </ref>
* deodorant <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* egg-slicer <ref> Tiltulei [[Shabbat]] (pg 55 in the footnote) </ref>
* empty pots used for [[cooking]] and serving but not designated for either one <ref> Tiltulei [[Shabbat]] (pg 43 note 25(3)) quotes Kesot HaShulchan (Badei HaShulchan 108:12) who rules that if a pot is designated for both serving and [[cooking]] even if it’s mostly used for [[cooking]] it’s considered a Kli Sh’Melachto LeHeter. </ref>
* empty pots primarily used for serving but are sometimes used for [[cooking]] <ref> Tiltulei [[Shabbat]] (pg 43-4) rules that a pot that’s designated for serving and [[cooking]] but is used primarily for serving is certainly considered Kli Sh’Melachto LeHeter. </ref>
* furniture <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* hair spray <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* handball racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* insect repellent <ref> Sefer Tiltulei [[Shabbat]] (pg 109), Shalmei Yehuda (pg 179) in name of Rav Elyashiv who explained that it’s permissible to spray on [[Shabbat]] </ref>
* kitchen scissors (used to cut food or food bags) <ref>Shemirat [[Shabbat]] KeHilchata 20:16 </ref>
* magnet <ref> Tiltulei [[Shabbat]] (pg 32). see more at [[Games_on_Shabbat#Magnets | Magnets]] </ref>
* marbles <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers marbles Kli Sh’Melachto LeHeter </ref>
* microscopes <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers microscopes Kli Sh’Melachto LeHeter </ref>
* musical toy as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* perfume sprays <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* perfumes <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* pingpong racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* plastic tarp or sheet <ref> Sh"t Igrot Moshe 5:39(4) writes that it's permissible to cover the [[Sukkah]] with a plastic sheet on [[Shabbat]] and [[Yom Tov]] without an issue of Boneh by making an Ohel nor the issue of [[muktzah]]. </ref>
* racquetball racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* safety pin <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* salt shaker (even if it has rice in it) <ref> Shalmei Yehuda 6:5 writes that according to those who permit (oral ruling from Rav Elyashiv, Az Nidbaru 2:14, 4:23, Yalkut Yosef [[Shabbat]] vol 3 pg 307) having dry rice in the salt shaker and don’t consider it [[Muktzeh]] there’s no question that the shaker isn’t [[Muktzeh]]. However, says the Shalmei Yehuda, even according to those who forbid (Rav Moshe Feinstein quoted in Hilchot [[Shabbat]] by Rabbi Eider, Melachat [[Borer]] note 103, Shemirat [[Shabbat]] KeHilchata 3:60) who forbids will agree that it’s not [[Muktzeh]] since it can be used without rice. </ref>
* telescopes <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers telescopes Kli Sh’Melachto LeHeter </ref>
* tennis racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* thermos <ref> Shalmei Yehuda 6:4 writes that a thermos isn’t [[Muktzeh]] since many (Chazon Ish 37:35, Az Nidbaru 1:48-9, 3:17, Igrot Moshe 1:95, oral ruling from Rav Elyashiv) permit pouring hot water from a Kli RIshon in there and it’s not [[hatmana]]. [However, according to Sh”t Shevet HaLevi 1:93 that it’s forbidden to put hot water into a thermos, thermos should be considered a [[Kli Sh’Melachto LeIssur]].] </ref>
* toothpick <ref> Tiltulei [[Shabbat]] (pg 32) </ref>
* toy phone as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* talking doll as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* water used for [[Netilat Yadayim]] and [[Mayim Achronim]] <ref>Beiur Halacha 338:8 s.v. Asur writes that water used for [[Netilat Yadayim]] and [[Mayim Achronim]] isn’t [[Muktzeh]]. Rav Pinchas Sheinburg (his Kuntres on [[Muktzah]] in Shalmei Yehuda (pg 264-5) agrees with Beiur Halacha. However, Rav Binyamin Zilber in Brit Olam (pg 111 #30) and Sh”t Az Nidbaru 1:79(179) argues that it should be considered [[Muktzeh]]. </ref>
* wind-up toy <ref> Sefer Tiltulei [[Shabbat]] (pg 28) quoting Rav Moshe Feinstein considers wind-up toys Kli Sh’Melachto LeHeter by reasoning that even though it’s forbidden to wind up a toy the toy is not [[Muktzeh]] since they’re designated for little kids.</ref>
* whistle as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur </ref>
* wrist watch (mechanical <ref> Mishna Brurah 308:168 writes that mechanical wrist and pocket watches are non-[[Muktzeh]]. Sefer Tiltulei [[Shabbat]] (pg 20 writes that a self-winding watch is also non-[[Muktzeh]]. </ref> or electric <ref>Sefer Tiltulei [[Shabbat]] (pg 20-21) in name of Rav Moshe Feinstein writes that electric wrist watches are non-[[Muktzeh]] and one doesn’t need to cover the buttons unless one feels that one will hit a button. Menuchat Ahava 12:3 holds that one should be strict not to move an electric watch on [[Shabbat]] but the strict law is that it’s permissible. </ref>) as long as it works <ref>Shemirat [[Shabbat]] KeHilchata 28:25 and Rav Elyashiv quoted by Sefer Tiltulei [[Shabbat]] (pg 21) consider non-working watches to be [[Muktzeh]], however, Kaf HaChaim 308:277 quoted by Sefer Tiltulei [[Shabbat]] (pg 21) and Yalkut Yosef (Kitzur S”A 308) write that for a person who would wear the watch as jewelry and wear it even if it wasn’t working, the watch is considered non-[[muktzah]] </ref>

==Items that are entirely excluded from Muktzeh==
===Definition===
# Certain items that Chazal excluded from the laws of [[Muktzeh]] altogether are non-[[Muktzeh]]. <Ref> see further; Tiltulei [[Shabbat]] (pg 19) </ref>
===Rules===
# It’s permissible to move or touch a non-[[Muktzeh]] item even for no purpose at all. <Ref>S”A 308:4 rules that holy books and food may be moved for no purpose at all as they weren’t included in the gezerah of [[Muktzeh]] at all. Tiltulei [[Shabbat]] (pg 18) </ref>
===Examples===
* Food and drinks <ref> S”A 308:4, Hacham Ovadia (Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 22) writes that foods which are prohibited to eat on shabbat are also prohibited to handle (tiltul). </ref>
* Food utensils including dishes, glasses, and silverware <ref> Mishna Brurah 308:23 rules that food utensils may be moved even for no purpose at all even though some authorities hold that food utensils are considered Kli Sh’Melachto LeHeter and not non-[[Muktzeh]]. [Since the language of Mishna Brurah is the utensils that are on the table and used often aren’t [[Muktzeh]] seemingly including serving utensils.] This is also the opinion of Tiltulei [[Shabbat]] (pg 19) (with the language of many authorities versus some authorities). Menuchat Ahava 12:2 rules leniently but adds that it's preferable to be strict. </ref>
* Sefarim (holy books which are permissible to read) <ref> S”A 308:4 writes that Kitvei Kodesh, holy books, are non-[[Muktzeh]]. Kitzur Shulchan Aruch 85:8 agrees. Mishna Brurah 308:22 adds that the Pri Megadim and Eliyah Rabba consider a [[megillah]] in this category even though the Pri Chadash 688:6 considers it [[Muktzeh]] (See Sharei Teshuva 308:2). The Tiltulei [[Shabbat]] (pg 32) also rules leniently. </ref>
* Some authorities permit reading books of wisdom and medicine, so they are not muktze. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 31 </ref>

===Further examples===
# Some consider the following to be exceptions to [[muktzeh]] just like the above examples.
* chairs that will be used for sitting <ref> Shalmei Yehuda 6:1 </ref>
* clothing that will be used on [[Shabbat]] <ref> Shalmei Yehuda 4:1 writes that clothing that will be used on [[Shabbat]] is considered non-[[Muktzeh]] according to all, while clothing that won’t be used on [[Shabbat]], some consider it non-[[Muktzeh]] while others consider it Kli Sh’Melachto LeHeter. Shemirat [[Shabbat]] KeHilchata 20:83 rules like the Kesot HaShulchan (Badei HaShulchan 108:7) who holds that clothing are considered non-[[muktzah]] like food. Nachalat Yisrael 1:7 (pg 3), Mechaze Eliyahu 45, and Shevut Yitzchak ([[Muktzah]] pg 85) quoting Rav Elayshiv agree. Yalkut Yosef (vol 2, pg 463) is also lenient regarding clothing. See also Meiri 124b s.v. Kli (quoted by Nachalat Yisrael by 140) who considers clothes as a Kli SheMelacha LeHeter.</ref>
* empty bottles for drinks <ref> Shalmei Yehuda 6:1 </ref>
* keys to the house <ref> Shalmei Yehuda 6:1 </ref>
* serving utensils <ref> Shalmei Yehuda 6:1 writes in the name of Rav Elyashiv and another Talmid Chacham that the exception from the laws of [[Muktzeh]] includes anything that’s always used on [[Shabbat]] such as a chair, a house key, tablecloth, empty bottle, [[Tallit]] bag. If so, certainly serving utensils are also included. </ref>
* tablecloth <ref> Shalmei Yehuda 6:1 </ref>
* [[Tallit]] bag <ref> Shalmei Yehuda 6:1 </ref>
* Medicine that is found in the house, which is permissible for a choleh she'en bo sakana, is not muktze and may be moved from sun to shade. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 19, and an example given is aspirin </ref>

==Sources==
<references/>
[[Category:Shabbat]]
[[Category:Muktzeh]]

Non-muktzeh Items

2018-12-23T15:33:04Z

Ezralevy: /* Examples */

{{Okay}}
==Kli Sh’Melachto LeHeter==
===Definition===
# An item that’s primarily used for permitted purposes is called Kli Sh’Melachto LeHeter. <Ref> see further; Tiltulei [[Shabbat]] (pg 18) </ref>
# A vessel of any size or weight is considered a vessel even if it’s not usually moved during the week and isn’t [[Muktzeh]]. However, if one doesn’t move it during the week because one’s afraid of it breaking it’s considered [[Muktzeh Machmat Chisaron Kis]]. <Ref>S”A 308:2, Mishna Brurah 308:8 </ref>

===Rules===
# It’s permissible to move or touch a Kli Sh’Melachto LeHeter item for any purpose. However, even Kli Sh’Melachto LeHeter may not be moved for no purpose at all. <Ref>S”A 308:4 rules that a Kli Sh’Melachto LeHeter may be moved even for purposes that serve the vessel itself such as to prevent it from breaking or being stolen. Tiltulei [[Shabbat]] (pg 18) explains that this type of purposes includes any purpose for the movement (as is evident by the inverse case). However, concludes S”A, it’s forbidden to move Kli Sh’Melachto LeHeter for no purpose. Kitzur Shulchan Aruch 85:8 agrees. The gemara (Shabbos 123b) quotes a tosefta discussing the historical development of the prohibition of tiltul keilim. The gemara explains that virtually all keilim were included in the initial prohibition and these keilim could not be moved even litzorech gufo or litzorech mikomo. However, as time went on, chazal ultimately permitted movement of a kli shemilachto li’isur litzorech gufo or litzorech mikomo and a kli shemilachto liheter even meichama l’tzeil (see gemara there for a dissenting opinion not accepted lihalacha.) <br/> The Beis Yosef (308:4) quotes the Maggid Mishna (shabbos 25:3) who infers from the Rambam that while a kli shemilachto liheter is the most lenient type of kli, it may not be moved shelo ltzarich klal. The Maggid Mishna explains that this emerges from the gemara, as the gemara’s phraseology “meichama ltzeil” seems to limit the permissibility to cases that protect the item. <br/> A further proof that a kli shemilachto liheter cannot be moved shelo litzorech klal is brought from the gemara’s conclusion on 124a that the shelves containing the lechem hapanim could not be moved in order to freshen the bread since the bread will not become stale in the interim if these shelves are not handled. This indicates that one needs a sufficient tzorech in order to move a kli shemilachto liheter (see Chiddushei haRan 124a and Ridvaz on Rambam Tmidim Umusafim 5:11.)<br/> The Mishna Brurah 308:23 records a lenient opinion that allows the movement of silverware and the like which are constantly handled, as these keilim were never included in the prohibition of tiltul keilim. This leniency is based on Tosfos 123b d’h miktzoa who considers it untenable that chazal would have ever prohibited moving such everyday items. The Mishna Brurah admits that the Rambam seems to prohibit even such movement (see Shaar Hatzion 21.) <br/> The Dirshu Mishna Brurah’s footnote 29 quotes some poskim who permit those who move items out of nervous habit or to help concentrate while learning to do so on Shabbos, as this is considered a tzorech. See also Aruch Hashulchan 308:15 who rules that any movement which a person performs intentionally must have some purpose and is therefore permitted. </ref> However, foods and seforim may be moved even without purpose as these items are not muktzah at all. Hacham Ovadia clarifies that foods which are prohibited to eat on shabbat are also prohibited to handle (tiltul). <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 22 </ref>
# It’s permissible to move a Kli Sh’Melachto LeHeter for purposes that serve the vessel itself such as prevent it from breaking or being stolen. <Ref> S”A 308:4 </ref>
# Some say that it's permissible to move a Kli Sh'Melachto LeHeter if one has pleasure in moving it. <ref>Aruch HaShulchan 308:15, Minchat [[Shabbat]] 88:53 says that Kli Sh'Melachto LeHeter may be moved if there's pleasure in moving it. Chazon Ovadyah (vol 3, pg 7) relies on this in regards to silverware where there's another dispute if it's considered like food or like [[Kli SheMelachto LeHeter]]. See also Avnei Nezer OC 403. However, Yalkut Yosef ([[Shabbat]] vol 2 pg 457, Sherit Yosef pg 418) was strict regarding silverware for no purpose.</ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter without any intent as that’s considered moving it for no purpose. <Ref> Aruch HaShulchan 308:15, Tiltulei [[Shabbat]] (pg 18) </ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter for a need for after [[Shabbat]] as that’s considered moving it for no purpose (for [[Shabbat]]) <ref> Mishna Brurah 308:21 </ref>

===Examples===
* air freshener <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* alarm clocks <ref> Shemirat [[Shabbat]] KeHilchata 28:54 </ref>
* artificial plants <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* (baby) rattle as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur </ref>
* baseball bat, glove and mit <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* binoculars <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers binoculars Kli Sh’Melachto LeHeter </ref>
* blech <ref> Tiltulei [[Shabbat]] (pg 33) </ref>
* blocks (toy) <ref> Sefer Tiltulei [[Shabbat]] (pg 24) in name of Rav Moshe Feinstein since they are designated for children’s use and other permitted uses. So agrees Shalmei Yehuda (pg 90) as long as the blocks don’t connect they are considered Kli Sh’Melachto LeHeter. </ref>
* books of secular wisdom <ref>S”A 307:17 writes that it’s forbidden to learn secular wisdom on [[Shabbat]] and some permit. Mishna Brurah 307:65 comments that the minhag is to be lenient. Regarding [[Muktzeh]] 308:50 writes that some say it’s not [[Muktzeh]] and some say it may be [[Muktzeh]]. Mishna Brurah 308:164 writes that the Gra holds that both opinions would be lenient and also references his comment in 307. Hacham Ovadia Yosef (Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 31) differentiates between books of wisdom and medicine versus history books. He maintains that the former is not muktze at all because some say that they are permissible to read on Shabbat but the latter is muktze because they are not permissible to read on Shabbat. </ref>
* broom which have bristles that do not break<ref> S”A 308:49 writes that a broom isn’t [[Muktzeh]], however, Mishna Brurah 308:168 writes that it’s considered [[Kli Sh’Melachto LeIssur]] because one may not use a broom on [[Shabbat]] even on a tiled floor. Nowadays, however, Sefer Tiltulei [[Shabbat]] (Rav Bodner pg 29) considers brooms which have bristles that do not break to be Kli Sh’Melachto LeHeter since it’s permitted to broom a tiled floor where most of the homes of the city have tiled floors (Beiur Halacha 337:2 s.v. VeYesh; Sefer Hilchot [[Shabbat]] (vol 2 pg 51, [[Choresh]] note 115, by Rabbi Eider) in name of Rabbi Moshe Feinstein writes that nowadays it’s permissible to use a broom on ground with flooring.) </ref>
* chess <ref> Shalmei Yehuda (pg 91) in name of Rav Elyashiv, Sefer Tiltulei [[Shabbat]] (pg 27). </ref>
* deodorant <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* egg-slicer <ref> Tiltulei [[Shabbat]] (pg 55 in the footnote) </ref>
* empty pots used for [[cooking]] and serving but not designated for either one <ref> Tiltulei [[Shabbat]] (pg 43 note 25(3)) quotes Kesot HaShulchan (Badei HaShulchan 108:12) who rules that if a pot is designated for both serving and [[cooking]] even if it’s mostly used for [[cooking]] it’s considered a Kli Sh’Melachto LeHeter. </ref>
* empty pots primarily used for serving but are sometimes used for [[cooking]] <ref> Tiltulei [[Shabbat]] (pg 43-4) rules that a pot that’s designated for serving and [[cooking]] but is used primarily for serving is certainly considered Kli Sh’Melachto LeHeter. </ref>
* furniture <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* hair spray <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* handball racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* insect repellent <ref> Sefer Tiltulei [[Shabbat]] (pg 109), Shalmei Yehuda (pg 179) in name of Rav Elyashiv who explained that it’s permissible to spray on [[Shabbat]] </ref>
* kitchen scissors (used to cut food or food bags) <ref>Shemirat [[Shabbat]] KeHilchata 20:16 </ref>
* magnet <ref> Tiltulei [[Shabbat]] (pg 32). see more at [[Games_on_Shabbat#Magnets | Magnets]] </ref>
* marbles <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers marbles Kli Sh’Melachto LeHeter </ref>
* microscopes <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers microscopes Kli Sh’Melachto LeHeter </ref>
* musical toy as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* perfume sprays <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* perfumes <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* pingpong racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* plastic tarp or sheet <ref> Sh"t Igrot Moshe 5:39(4) writes that it's permissible to cover the [[Sukkah]] with a plastic sheet on [[Shabbat]] and [[Yom Tov]] without an issue of Boneh by making an Ohel nor the issue of [[muktzah]]. </ref>
* racquetball racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* safety pin <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* salt shaker (even if it has rice in it) <ref> Shalmei Yehuda 6:5 writes that according to those who permit (oral ruling from Rav Elyashiv, Az Nidbaru 2:14, 4:23, Yalkut Yosef [[Shabbat]] vol 3 pg 307) having dry rice in the salt shaker and don’t consider it [[Muktzeh]] there’s no question that the shaker isn’t [[Muktzeh]]. However, says the Shalmei Yehuda, even according to those who forbid (Rav Moshe Feinstein quoted in Hilchot [[Shabbat]] by Rabbi Eider, Melachat [[Borer]] note 103, Shemirat [[Shabbat]] KeHilchata 3:60) who forbids will agree that it’s not [[Muktzeh]] since it can be used without rice. </ref>
* telescopes <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers telescopes Kli Sh’Melachto LeHeter </ref>
* tennis racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* thermos <ref> Shalmei Yehuda 6:4 writes that a thermos isn’t [[Muktzeh]] since many (Chazon Ish 37:35, Az Nidbaru 1:48-9, 3:17, Igrot Moshe 1:95, oral ruling from Rav Elyashiv) permit pouring hot water from a Kli RIshon in there and it’s not [[hatmana]]. [However, according to Sh”t Shevet HaLevi 1:93 that it’s forbidden to put hot water into a thermos, thermos should be considered a [[Kli Sh’Melachto LeIssur]].] </ref>
* toothpick <ref> Tiltulei [[Shabbat]] (pg 32) </ref>
* toy phone as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* talking doll as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* water used for [[Netilat Yadayim]] and [[Mayim Achronim]] <ref>Beiur Halacha 338:8 s.v. Asur writes that water used for [[Netilat Yadayim]] and [[Mayim Achronim]] isn’t [[Muktzeh]]. Rav Pinchas Sheinburg (his Kuntres on [[Muktzah]] in Shalmei Yehuda (pg 264-5) agrees with Beiur Halacha. However, Rav Binyamin Zilber in Brit Olam (pg 111 #30) and Sh”t Az Nidbaru 1:79(179) argues that it should be considered [[Muktzeh]]. </ref>
* wind-up toy <ref> Sefer Tiltulei [[Shabbat]] (pg 28) quoting Rav Moshe Feinstein considers wind-up toys Kli Sh’Melachto LeHeter by reasoning that even though it’s forbidden to wind up a toy the toy is not [[Muktzeh]] since they’re designated for little kids.</ref>
* whistle as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur </ref>
* wrist watch (mechanical <ref> Mishna Brurah 308:168 writes that mechanical wrist and pocket watches are non-[[Muktzeh]]. Sefer Tiltulei [[Shabbat]] (pg 20 writes that a self-winding watch is also non-[[Muktzeh]]. </ref> or electric <ref>Sefer Tiltulei [[Shabbat]] (pg 20-21) in name of Rav Moshe Feinstein writes that electric wrist watches are non-[[Muktzeh]] and one doesn’t need to cover the buttons unless one feels that one will hit a button. Menuchat Ahava 12:3 holds that one should be strict not to move an electric watch on [[Shabbat]] but the strict law is that it’s permissible. </ref>) as long as it works <ref>Shemirat [[Shabbat]] KeHilchata 28:25 and Rav Elyashiv quoted by Sefer Tiltulei [[Shabbat]] (pg 21) consider non-working watches to be [[Muktzeh]], however, Kaf HaChaim 308:277 quoted by Sefer Tiltulei [[Shabbat]] (pg 21) and Yalkut Yosef (Kitzur S”A 308) write that for a person who would wear the watch as jewelry and wear it even if it wasn’t working, the watch is considered non-[[muktzah]] </ref>

==Items that are entirely excluded from Muktzeh==
===Definition===
# Certain items that Chazal excluded from the laws of [[Muktzeh]] altogether are non-[[Muktzeh]]. <Ref> see further; Tiltulei [[Shabbat]] (pg 19) </ref>
===Rules===
# It’s permissible to move or touch a non-[[Muktzeh]] item even for no purpose at all. <Ref>S”A 308:4 rules that holy books and food may be moved for no purpose at all as they weren’t included in the gezerah of [[Muktzeh]] at all. Tiltulei [[Shabbat]] (pg 18) </ref>
===Examples===
* Food and drinks <ref> S”A 308:4, Hacham Ovadia (Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 22) writes that foods which are prohibited to eat on shabbat are also prohibited to handle (tiltul). </ref>
* Food utensils including dishes, glasses, and silverware <ref> Mishna Brurah 308:23 rules that food utensils may be moved even for no purpose at all even though some authorities hold that food utensils are considered Kli Sh’Melachto LeHeter and not non-[[Muktzeh]]. [Since the language of Mishna Brurah is the utensils that are on the table and used often aren’t [[Muktzeh]] seemingly including serving utensils.] This is also the opinion of Tiltulei [[Shabbat]] (pg 19) (with the language of many authorities versus some authorities). Menuchat Ahava 12:2 rules leniently but adds that it's preferable to be strict. </ref>
* Sefarim (holy books which are permissible to read) <ref> S”A 308:4 writes that Kitvei Kodesh, holy books, are non-[[Muktzeh]]. Kitzur Shulchan Aruch 85:8 agrees. Mishna Brurah 308:22 adds that the Pri Megadim and Eliyah Rabba consider a [[megillah]] in this category even though the Pri Chadash 688:6 considers it [[Muktzeh]] (See Sharei Teshuva 308:2). The Tiltulei [[Shabbat]] (pg 32) also rules leniently. </ref>
* Some authorities permit reading books of wisdom and medicine, so they are not muktze. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 31 </ref>

===Further examples===
# Some consider the following to be exceptions to [[muktzeh]] just like the above examples.
* chairs that will be used for sitting <ref> Shalmei Yehuda 6:1 </ref>
* clothing that will be used on [[Shabbat]] <ref> Shalmei Yehuda 4:1 writes that clothing that will be used on [[Shabbat]] is considered non-[[Muktzeh]] according to all, while clothing that won’t be used on [[Shabbat]], some consider it non-[[Muktzeh]] while others consider it Kli Sh’Melachto LeHeter. Shemirat [[Shabbat]] KeHilchata 20:83 rules like the Kesot HaShulchan (Badei HaShulchan 108:7) who holds that clothing are considered non-[[muktzah]] like food. Nachalat Yisrael 1:7 (pg 3), Mechaze Eliyahu 45, and Shevut Yitzchak ([[Muktzah]] pg 85) quoting Rav Elayshiv agree. Yalkut Yosef (vol 2, pg 463) is also lenient regarding clothing. See also Meiri 124b s.v. Kli (quoted by Nachalat Yisrael by 140) who considers clothes as a Kli SheMelacha LeHeter.</ref>
* empty bottles for drinks <ref> Shalmei Yehuda 6:1 </ref>
* keys to the house <ref> Shalmei Yehuda 6:1 </ref>
* serving utensils <ref> Shalmei Yehuda 6:1 writes in the name of Rav Elyashiv and another Talmid Chacham that the exception from the laws of [[Muktzeh]] includes anything that’s always used on [[Shabbat]] such as a chair, a house key, tablecloth, empty bottle, [[Tallit]] bag. If so, certainly serving utensils are also included. </ref>
* tablecloth <ref> Shalmei Yehuda 6:1 </ref>
* [[Tallit]] bag <ref> Shalmei Yehuda 6:1 </ref>

==Sources==
<references/>
[[Category:Shabbat]]
[[Category:Muktzeh]]

Non-muktzeh Items

2018-12-23T15:32:47Z

Ezralevy: /* Rules */

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==Kli Sh’Melachto LeHeter==
===Definition===
# An item that’s primarily used for permitted purposes is called Kli Sh’Melachto LeHeter. <Ref> see further; Tiltulei [[Shabbat]] (pg 18) </ref>
# A vessel of any size or weight is considered a vessel even if it’s not usually moved during the week and isn’t [[Muktzeh]]. However, if one doesn’t move it during the week because one’s afraid of it breaking it’s considered [[Muktzeh Machmat Chisaron Kis]]. <Ref>S”A 308:2, Mishna Brurah 308:8 </ref>

===Rules===
# It’s permissible to move or touch a Kli Sh’Melachto LeHeter item for any purpose. However, even Kli Sh’Melachto LeHeter may not be moved for no purpose at all. <Ref>S”A 308:4 rules that a Kli Sh’Melachto LeHeter may be moved even for purposes that serve the vessel itself such as to prevent it from breaking or being stolen. Tiltulei [[Shabbat]] (pg 18) explains that this type of purposes includes any purpose for the movement (as is evident by the inverse case). However, concludes S”A, it’s forbidden to move Kli Sh’Melachto LeHeter for no purpose. Kitzur Shulchan Aruch 85:8 agrees. The gemara (Shabbos 123b) quotes a tosefta discussing the historical development of the prohibition of tiltul keilim. The gemara explains that virtually all keilim were included in the initial prohibition and these keilim could not be moved even litzorech gufo or litzorech mikomo. However, as time went on, chazal ultimately permitted movement of a kli shemilachto li’isur litzorech gufo or litzorech mikomo and a kli shemilachto liheter even meichama l’tzeil (see gemara there for a dissenting opinion not accepted lihalacha.) <br/> The Beis Yosef (308:4) quotes the Maggid Mishna (shabbos 25:3) who infers from the Rambam that while a kli shemilachto liheter is the most lenient type of kli, it may not be moved shelo ltzarich klal. The Maggid Mishna explains that this emerges from the gemara, as the gemara’s phraseology “meichama ltzeil” seems to limit the permissibility to cases that protect the item. <br/> A further proof that a kli shemilachto liheter cannot be moved shelo litzorech klal is brought from the gemara’s conclusion on 124a that the shelves containing the lechem hapanim could not be moved in order to freshen the bread since the bread will not become stale in the interim if these shelves are not handled. This indicates that one needs a sufficient tzorech in order to move a kli shemilachto liheter (see Chiddushei haRan 124a and Ridvaz on Rambam Tmidim Umusafim 5:11.)<br/> The Mishna Brurah 308:23 records a lenient opinion that allows the movement of silverware and the like which are constantly handled, as these keilim were never included in the prohibition of tiltul keilim. This leniency is based on Tosfos 123b d’h miktzoa who considers it untenable that chazal would have ever prohibited moving such everyday items. The Mishna Brurah admits that the Rambam seems to prohibit even such movement (see Shaar Hatzion 21.) <br/> The Dirshu Mishna Brurah’s footnote 29 quotes some poskim who permit those who move items out of nervous habit or to help concentrate while learning to do so on Shabbos, as this is considered a tzorech. See also Aruch Hashulchan 308:15 who rules that any movement which a person performs intentionally must have some purpose and is therefore permitted. </ref> However, foods and seforim may be moved even without purpose as these items are not muktzah at all. Hacham Ovadia clarifies that foods which are prohibited to eat on shabbat are also prohibited to handle (tiltul). <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 22 </ref>
# It’s permissible to move a Kli Sh’Melachto LeHeter for purposes that serve the vessel itself such as prevent it from breaking or being stolen. <Ref> S”A 308:4 </ref>
# Some say that it's permissible to move a Kli Sh'Melachto LeHeter if one has pleasure in moving it. <ref>Aruch HaShulchan 308:15, Minchat [[Shabbat]] 88:53 says that Kli Sh'Melachto LeHeter may be moved if there's pleasure in moving it. Chazon Ovadyah (vol 3, pg 7) relies on this in regards to silverware where there's another dispute if it's considered like food or like [[Kli SheMelachto LeHeter]]. See also Avnei Nezer OC 403. However, Yalkut Yosef ([[Shabbat]] vol 2 pg 457, Sherit Yosef pg 418) was strict regarding silverware for no purpose.</ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter without any intent as that’s considered moving it for no purpose. <Ref> Aruch HaShulchan 308:15, Tiltulei [[Shabbat]] (pg 18) </ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter for a need for after [[Shabbat]] as that’s considered moving it for no purpose (for [[Shabbat]]) <ref> Mishna Brurah 308:21 </ref>

===Examples===
* air freshener <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* alarm clocks <ref> Shemirat [[Shabbat]] KeHilchata 28:54 </ref>
* artificial plants <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* (baby) rattle as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur </ref>
* baseball bat, glove and mit <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* binoculars <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers binoculars Kli Sh’Melachto LeHeter </ref>
* blech <ref> Tiltulei [[Shabbat]] (pg 33) </ref>
* blocks (toy) <ref> Sefer Tiltulei [[Shabbat]] (pg 24) in name of Rav Moshe Feinstein since they are designated for children’s use and other permitted uses. So agrees Shalmei Yehuda (pg 90) as long as the blocks don’t connect they are considered Kli Sh’Melachto LeHeter. </ref>
* books of secular wisdom <ref>S”A 307:17 writes that it’s forbidden to learn secular wisdom on [[Shabbat]] and some permit. Mishna Brurah 307:65 comments that the minhag is to be lenient. Regarding [[Muktzeh]] 308:50 writes that some say it’s not [[Muktzeh]] and some say it may be [[Muktzeh]]. Mishna Brurah 308:164 writes that the Gra holds that both opinions would be lenient and also references his comment in 307. Hacham Ovadia Yosef (Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 31) differentiates between books of wisdom and medicine versus history books. He maintains that the former is not muktze at all because some say that they are permissible to read on Shabbat but the latter is muktze because they are not permissible to read on Shabbat. </ref>
* broom which have bristles that do not break<ref> S”A 308:49 writes that a broom isn’t [[Muktzeh]], however, Mishna Brurah 308:168 writes that it’s considered [[Kli Sh’Melachto LeIssur]] because one may not use a broom on [[Shabbat]] even on a tiled floor. Nowadays, however, Sefer Tiltulei [[Shabbat]] (Rav Bodner pg 29) considers brooms which have bristles that do not break to be Kli Sh’Melachto LeHeter since it’s permitted to broom a tiled floor where most of the homes of the city have tiled floors (Beiur Halacha 337:2 s.v. VeYesh; Sefer Hilchot [[Shabbat]] (vol 2 pg 51, [[Choresh]] note 115, by Rabbi Eider) in name of Rabbi Moshe Feinstein writes that nowadays it’s permissible to use a broom on ground with flooring.) </ref>
* chess <ref> Shalmei Yehuda (pg 91) in name of Rav Elyashiv, Sefer Tiltulei [[Shabbat]] (pg 27). </ref>
* deodorant <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* egg-slicer <ref> Tiltulei [[Shabbat]] (pg 55 in the footnote) </ref>
* empty pots used for [[cooking]] and serving but not designated for either one <ref> Tiltulei [[Shabbat]] (pg 43 note 25(3)) quotes Kesot HaShulchan (Badei HaShulchan 108:12) who rules that if a pot is designated for both serving and [[cooking]] even if it’s mostly used for [[cooking]] it’s considered a Kli Sh’Melachto LeHeter. </ref>
* empty pots primarily used for serving but are sometimes used for [[cooking]] <ref> Tiltulei [[Shabbat]] (pg 43-4) rules that a pot that’s designated for serving and [[cooking]] but is used primarily for serving is certainly considered Kli Sh’Melachto LeHeter. </ref>
* furniture <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* hair spray <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* handball racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* insect repellent <ref> Sefer Tiltulei [[Shabbat]] (pg 109), Shalmei Yehuda (pg 179) in name of Rav Elyashiv who explained that it’s permissible to spray on [[Shabbat]] </ref>
* kitchen scissors (used to cut food or food bags) <ref>Shemirat [[Shabbat]] KeHilchata 20:16 </ref>
* magnet <ref> Tiltulei [[Shabbat]] (pg 32). see more at [[Games_on_Shabbat#Magnets | Magnets]] </ref>
* marbles <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers marbles Kli Sh’Melachto LeHeter </ref>
* microscopes <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers microscopes Kli Sh’Melachto LeHeter </ref>
* musical toy as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* perfume sprays <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* perfumes <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* pingpong racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* plastic tarp or sheet <ref> Sh"t Igrot Moshe 5:39(4) writes that it's permissible to cover the [[Sukkah]] with a plastic sheet on [[Shabbat]] and [[Yom Tov]] without an issue of Boneh by making an Ohel nor the issue of [[muktzah]]. </ref>
* racquetball racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* safety pin <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* salt shaker (even if it has rice in it) <ref> Shalmei Yehuda 6:5 writes that according to those who permit (oral ruling from Rav Elyashiv, Az Nidbaru 2:14, 4:23, Yalkut Yosef [[Shabbat]] vol 3 pg 307) having dry rice in the salt shaker and don’t consider it [[Muktzeh]] there’s no question that the shaker isn’t [[Muktzeh]]. However, says the Shalmei Yehuda, even according to those who forbid (Rav Moshe Feinstein quoted in Hilchot [[Shabbat]] by Rabbi Eider, Melachat [[Borer]] note 103, Shemirat [[Shabbat]] KeHilchata 3:60) who forbids will agree that it’s not [[Muktzeh]] since it can be used without rice. </ref>
* telescopes <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers telescopes Kli Sh’Melachto LeHeter </ref>
* tennis racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* thermos <ref> Shalmei Yehuda 6:4 writes that a thermos isn’t [[Muktzeh]] since many (Chazon Ish 37:35, Az Nidbaru 1:48-9, 3:17, Igrot Moshe 1:95, oral ruling from Rav Elyashiv) permit pouring hot water from a Kli RIshon in there and it’s not [[hatmana]]. [However, according to Sh”t Shevet HaLevi 1:93 that it’s forbidden to put hot water into a thermos, thermos should be considered a [[Kli Sh’Melachto LeIssur]].] </ref>
* toothpick <ref> Tiltulei [[Shabbat]] (pg 32) </ref>
* toy phone as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* talking doll as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* water used for [[Netilat Yadayim]] and [[Mayim Achronim]] <ref>Beiur Halacha 338:8 s.v. Asur writes that water used for [[Netilat Yadayim]] and [[Mayim Achronim]] isn’t [[Muktzeh]]. Rav Pinchas Sheinburg (his Kuntres on [[Muktzah]] in Shalmei Yehuda (pg 264-5) agrees with Beiur Halacha. However, Rav Binyamin Zilber in Brit Olam (pg 111 #30) and Sh”t Az Nidbaru 1:79(179) argues that it should be considered [[Muktzeh]]. </ref>
* wind-up toy <ref> Sefer Tiltulei [[Shabbat]] (pg 28) quoting Rav Moshe Feinstein considers wind-up toys Kli Sh’Melachto LeHeter by reasoning that even though it’s forbidden to wind up a toy the toy is not [[Muktzeh]] since they’re designated for little kids.</ref>
* whistle as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur </ref>
* wrist watch (mechanical <ref> Mishna Brurah 308:168 writes that mechanical wrist and pocket watches are non-[[Muktzeh]]. Sefer Tiltulei [[Shabbat]] (pg 20 writes that a self-winding watch is also non-[[Muktzeh]]. </ref> or electric <ref>Sefer Tiltulei [[Shabbat]] (pg 20-21) in name of Rav Moshe Feinstein writes that electric wrist watches are non-[[Muktzeh]] and one doesn’t need to cover the buttons unless one feels that one will hit a button. Menuchat Ahava 12:3 holds that one should be strict not to move an electric watch on [[Shabbat]] but the strict law is that it’s permissible. </ref>) as long as it works <ref>Shemirat [[Shabbat]] KeHilchata 28:25 and Rav Elyashiv quoted by Sefer Tiltulei [[Shabbat]] (pg 21) consider non-working watches to be [[Muktzeh]], however, Kaf HaChaim 308:277 quoted by Sefer Tiltulei [[Shabbat]] (pg 21) and Yalkut Yosef (Kitzur S”A 308) write that for a person who would wear the watch as jewelry and wear it even if it wasn’t working, the watch is considered non-[[muktzah]] </ref>

==Items that are entirely excluded from Muktzeh==
===Definition===
# Certain items that Chazal excluded from the laws of [[Muktzeh]] altogether are non-[[Muktzeh]]. <Ref> see further; Tiltulei [[Shabbat]] (pg 19) </ref>
===Rules===
# It’s permissible to move or touch a non-[[Muktzeh]] item even for no purpose at all. <Ref>S”A 308:4 rules that holy books and food may be moved for no purpose at all as they weren’t included in the gezerah of [[Muktzeh]] at all. Tiltulei [[Shabbat]] (pg 18) </ref>
===Examples===
* Food and drinks <ref> S”A 308:4, Hacham Ovadia (Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 22) writes that food which are prohibited to eat on shabbat are also prohibited to handle (tiltul). </ref>
* Food utensils including dishes, glasses, and silverware <ref> Mishna Brurah 308:23 rules that food utensils may be moved even for no purpose at all even though some authorities hold that food utensils are considered Kli Sh’Melachto LeHeter and not non-[[Muktzeh]]. [Since the language of Mishna Brurah is the utensils that are on the table and used often aren’t [[Muktzeh]] seemingly including serving utensils.] This is also the opinion of Tiltulei [[Shabbat]] (pg 19) (with the language of many authorities versus some authorities). Menuchat Ahava 12:2 rules leniently but adds that it's preferable to be strict. </ref>
* Sefarim (holy books which are permissible to read) <ref> S”A 308:4 writes that Kitvei Kodesh, holy books, are non-[[Muktzeh]]. Kitzur Shulchan Aruch 85:8 agrees. Mishna Brurah 308:22 adds that the Pri Megadim and Eliyah Rabba consider a [[megillah]] in this category even though the Pri Chadash 688:6 considers it [[Muktzeh]] (See Sharei Teshuva 308:2). The Tiltulei [[Shabbat]] (pg 32) also rules leniently. </ref>
* Some authorities permit reading books of wisdom and medicine, so they are not muktze. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 31 </ref>

===Further examples===
# Some consider the following to be exceptions to [[muktzeh]] just like the above examples.
* chairs that will be used for sitting <ref> Shalmei Yehuda 6:1 </ref>
* clothing that will be used on [[Shabbat]] <ref> Shalmei Yehuda 4:1 writes that clothing that will be used on [[Shabbat]] is considered non-[[Muktzeh]] according to all, while clothing that won’t be used on [[Shabbat]], some consider it non-[[Muktzeh]] while others consider it Kli Sh’Melachto LeHeter. Shemirat [[Shabbat]] KeHilchata 20:83 rules like the Kesot HaShulchan (Badei HaShulchan 108:7) who holds that clothing are considered non-[[muktzah]] like food. Nachalat Yisrael 1:7 (pg 3), Mechaze Eliyahu 45, and Shevut Yitzchak ([[Muktzah]] pg 85) quoting Rav Elayshiv agree. Yalkut Yosef (vol 2, pg 463) is also lenient regarding clothing. See also Meiri 124b s.v. Kli (quoted by Nachalat Yisrael by 140) who considers clothes as a Kli SheMelacha LeHeter.</ref>
* empty bottles for drinks <ref> Shalmei Yehuda 6:1 </ref>
* keys to the house <ref> Shalmei Yehuda 6:1 </ref>
* serving utensils <ref> Shalmei Yehuda 6:1 writes in the name of Rav Elyashiv and another Talmid Chacham that the exception from the laws of [[Muktzeh]] includes anything that’s always used on [[Shabbat]] such as a chair, a house key, tablecloth, empty bottle, [[Tallit]] bag. If so, certainly serving utensils are also included. </ref>
* tablecloth <ref> Shalmei Yehuda 6:1 </ref>
* [[Tallit]] bag <ref> Shalmei Yehuda 6:1 </ref>

==Sources==
<references/>
[[Category:Shabbat]]
[[Category:Muktzeh]]

Non-muktzeh Items

2018-12-23T15:31:33Z

Ezralevy: /* Examples */

{{Okay}}
==Kli Sh’Melachto LeHeter==
===Definition===
# An item that’s primarily used for permitted purposes is called Kli Sh’Melachto LeHeter. <Ref> see further; Tiltulei [[Shabbat]] (pg 18) </ref>
# A vessel of any size or weight is considered a vessel even if it’s not usually moved during the week and isn’t [[Muktzeh]]. However, if one doesn’t move it during the week because one’s afraid of it breaking it’s considered [[Muktzeh Machmat Chisaron Kis]]. <Ref>S”A 308:2, Mishna Brurah 308:8 </ref>

===Rules===
# It’s permissible to move or touch a Kli Sh’Melachto LeHeter item for any purpose. However, even Kli Sh’Melachto LeHeter may not be moved for no purpose at all. <Ref>S”A 308:4 rules that a Kli Sh’Melachto LeHeter may be moved even for purposes that serve the vessel itself such as to prevent it from breaking or being stolen. Tiltulei [[Shabbat]] (pg 18) explains that this type of purposes includes any purpose for the movement (as is evident by the inverse case). However, concludes S”A, it’s forbidden to move Kli Sh’Melachto LeHeter for no purpose. Kitzur Shulchan Aruch 85:8 agrees. The gemara (Shabbos 123b) quotes a tosefta discussing the historical development of the prohibition of tiltul keilim. The gemara explains that virtually all keilim were included in the initial prohibition and these keilim could not be moved even litzorech gufo or litzorech mikomo. However, as time went on, chazal ultimately permitted movement of a kli shemilachto li’isur litzorech gufo or litzorech mikomo and a kli shemilachto liheter even meichama l’tzeil (see gemara there for a dissenting opinion not accepted lihalacha.) <br/> The Beis Yosef (308:4) quotes the Maggid Mishna (shabbos 25:3) who infers from the Rambam that while a kli shemilachto liheter is the most lenient type of kli, it may not be moved shelo ltzarich klal. The Maggid Mishna explains that this emerges from the gemara, as the gemara’s phraseology “meichama ltzeil” seems to limit the permissibility to cases that protect the item. <br/> A further proof that a kli shemilachto liheter cannot be moved shelo litzorech klal is brought from the gemara’s conclusion on 124a that the shelves containing the lechem hapanim could not be moved in order to freshen the bread since the bread will not become stale in the interim if these shelves are not handled. This indicates that one needs a sufficient tzorech in order to move a kli shemilachto liheter (see Chiddushei haRan 124a and Ridvaz on Rambam Tmidim Umusafim 5:11.)<br/> The Mishna Brurah 308:23 records a lenient opinion that allows the movement of silverware and the like which are constantly handled, as these keilim were never included in the prohibition of tiltul keilim. This leniency is based on Tosfos 123b d’h miktzoa who considers it untenable that chazal would have ever prohibited moving such everyday items. The Mishna Brurah admits that the Rambam seems to prohibit even such movement (see Shaar Hatzion 21.) <br/> The Dirshu Mishna Brurah’s footnote 29 quotes some poskim who permit those who move items out of nervous habit or to help concentrate while learning to do so on Shabbos, as this is considered a tzorech. See also Aruch Hashulchan 308:15 who rules that any movement which a person performs intentionally must have some purpose and is therefore permitted. </ref> However, foods and seforim may be moved even without purpose as these items are not muktzah at all.
# It’s permissible to move a Kli Sh’Melachto LeHeter for purposes that serve the vessel itself such as prevent it from breaking or being stolen. <Ref> S”A 308:4 </ref>
# Some say that it's permissible to move a Kli Sh'Melachto LeHeter if one has pleasure in moving it. <ref>Aruch HaShulchan 308:15, Minchat [[Shabbat]] 88:53 says that Kli Sh'Melachto LeHeter may be moved if there's pleasure in moving it. Chazon Ovadyah (vol 3, pg 7) relies on this in regards to silverware where there's another dispute if it's considered like food or like [[Kli SheMelachto LeHeter]]. See also Avnei Nezer OC 403. However, Yalkut Yosef ([[Shabbat]] vol 2 pg 457, Sherit Yosef pg 418) was strict regarding silverware for no purpose.</ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter without any intent as that’s considered moving it for no purpose. <Ref> Aruch HaShulchan 308:15, Tiltulei [[Shabbat]] (pg 18) </ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter for a need for after [[Shabbat]] as that’s considered moving it for no purpose (for [[Shabbat]]) <ref> Mishna Brurah 308:21 </ref>

===Examples===
* air freshener <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* alarm clocks <ref> Shemirat [[Shabbat]] KeHilchata 28:54 </ref>
* artificial plants <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* (baby) rattle as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur </ref>
* baseball bat, glove and mit <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* binoculars <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers binoculars Kli Sh’Melachto LeHeter </ref>
* blech <ref> Tiltulei [[Shabbat]] (pg 33) </ref>
* blocks (toy) <ref> Sefer Tiltulei [[Shabbat]] (pg 24) in name of Rav Moshe Feinstein since they are designated for children’s use and other permitted uses. So agrees Shalmei Yehuda (pg 90) as long as the blocks don’t connect they are considered Kli Sh’Melachto LeHeter. </ref>
* books of secular wisdom <ref>S”A 307:17 writes that it’s forbidden to learn secular wisdom on [[Shabbat]] and some permit. Mishna Brurah 307:65 comments that the minhag is to be lenient. Regarding [[Muktzeh]] 308:50 writes that some say it’s not [[Muktzeh]] and some say it may be [[Muktzeh]]. Mishna Brurah 308:164 writes that the Gra holds that both opinions would be lenient and also references his comment in 307. Hacham Ovadia Yosef (Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 31) differentiates between books of wisdom and medicine versus history books. He maintains that the former is not muktze at all because some say that they are permissible to read on Shabbat but the latter is muktze because they are not permissible to read on Shabbat. </ref>
* broom which have bristles that do not break<ref> S”A 308:49 writes that a broom isn’t [[Muktzeh]], however, Mishna Brurah 308:168 writes that it’s considered [[Kli Sh’Melachto LeIssur]] because one may not use a broom on [[Shabbat]] even on a tiled floor. Nowadays, however, Sefer Tiltulei [[Shabbat]] (Rav Bodner pg 29) considers brooms which have bristles that do not break to be Kli Sh’Melachto LeHeter since it’s permitted to broom a tiled floor where most of the homes of the city have tiled floors (Beiur Halacha 337:2 s.v. VeYesh; Sefer Hilchot [[Shabbat]] (vol 2 pg 51, [[Choresh]] note 115, by Rabbi Eider) in name of Rabbi Moshe Feinstein writes that nowadays it’s permissible to use a broom on ground with flooring.) </ref>
* chess <ref> Shalmei Yehuda (pg 91) in name of Rav Elyashiv, Sefer Tiltulei [[Shabbat]] (pg 27). </ref>
* deodorant <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* egg-slicer <ref> Tiltulei [[Shabbat]] (pg 55 in the footnote) </ref>
* empty pots used for [[cooking]] and serving but not designated for either one <ref> Tiltulei [[Shabbat]] (pg 43 note 25(3)) quotes Kesot HaShulchan (Badei HaShulchan 108:12) who rules that if a pot is designated for both serving and [[cooking]] even if it’s mostly used for [[cooking]] it’s considered a Kli Sh’Melachto LeHeter. </ref>
* empty pots primarily used for serving but are sometimes used for [[cooking]] <ref> Tiltulei [[Shabbat]] (pg 43-4) rules that a pot that’s designated for serving and [[cooking]] but is used primarily for serving is certainly considered Kli Sh’Melachto LeHeter. </ref>
* furniture <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* hair spray <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* handball racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* insect repellent <ref> Sefer Tiltulei [[Shabbat]] (pg 109), Shalmei Yehuda (pg 179) in name of Rav Elyashiv who explained that it’s permissible to spray on [[Shabbat]] </ref>
* kitchen scissors (used to cut food or food bags) <ref>Shemirat [[Shabbat]] KeHilchata 20:16 </ref>
* magnet <ref> Tiltulei [[Shabbat]] (pg 32). see more at [[Games_on_Shabbat#Magnets | Magnets]] </ref>
* marbles <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers marbles Kli Sh’Melachto LeHeter </ref>
* microscopes <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers microscopes Kli Sh’Melachto LeHeter </ref>
* musical toy as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* perfume sprays <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* perfumes <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* pingpong racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* plastic tarp or sheet <ref> Sh"t Igrot Moshe 5:39(4) writes that it's permissible to cover the [[Sukkah]] with a plastic sheet on [[Shabbat]] and [[Yom Tov]] without an issue of Boneh by making an Ohel nor the issue of [[muktzah]]. </ref>
* racquetball racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* safety pin <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* salt shaker (even if it has rice in it) <ref> Shalmei Yehuda 6:5 writes that according to those who permit (oral ruling from Rav Elyashiv, Az Nidbaru 2:14, 4:23, Yalkut Yosef [[Shabbat]] vol 3 pg 307) having dry rice in the salt shaker and don’t consider it [[Muktzeh]] there’s no question that the shaker isn’t [[Muktzeh]]. However, says the Shalmei Yehuda, even according to those who forbid (Rav Moshe Feinstein quoted in Hilchot [[Shabbat]] by Rabbi Eider, Melachat [[Borer]] note 103, Shemirat [[Shabbat]] KeHilchata 3:60) who forbids will agree that it’s not [[Muktzeh]] since it can be used without rice. </ref>
* telescopes <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers telescopes Kli Sh’Melachto LeHeter </ref>
* tennis racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* thermos <ref> Shalmei Yehuda 6:4 writes that a thermos isn’t [[Muktzeh]] since many (Chazon Ish 37:35, Az Nidbaru 1:48-9, 3:17, Igrot Moshe 1:95, oral ruling from Rav Elyashiv) permit pouring hot water from a Kli RIshon in there and it’s not [[hatmana]]. [However, according to Sh”t Shevet HaLevi 1:93 that it’s forbidden to put hot water into a thermos, thermos should be considered a [[Kli Sh’Melachto LeIssur]].] </ref>
* toothpick <ref> Tiltulei [[Shabbat]] (pg 32) </ref>
* toy phone as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* talking doll as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* water used for [[Netilat Yadayim]] and [[Mayim Achronim]] <ref>Beiur Halacha 338:8 s.v. Asur writes that water used for [[Netilat Yadayim]] and [[Mayim Achronim]] isn’t [[Muktzeh]]. Rav Pinchas Sheinburg (his Kuntres on [[Muktzah]] in Shalmei Yehuda (pg 264-5) agrees with Beiur Halacha. However, Rav Binyamin Zilber in Brit Olam (pg 111 #30) and Sh”t Az Nidbaru 1:79(179) argues that it should be considered [[Muktzeh]]. </ref>
* wind-up toy <ref> Sefer Tiltulei [[Shabbat]] (pg 28) quoting Rav Moshe Feinstein considers wind-up toys Kli Sh’Melachto LeHeter by reasoning that even though it’s forbidden to wind up a toy the toy is not [[Muktzeh]] since they’re designated for little kids.</ref>
* whistle as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur </ref>
* wrist watch (mechanical <ref> Mishna Brurah 308:168 writes that mechanical wrist and pocket watches are non-[[Muktzeh]]. Sefer Tiltulei [[Shabbat]] (pg 20 writes that a self-winding watch is also non-[[Muktzeh]]. </ref> or electric <ref>Sefer Tiltulei [[Shabbat]] (pg 20-21) in name of Rav Moshe Feinstein writes that electric wrist watches are non-[[Muktzeh]] and one doesn’t need to cover the buttons unless one feels that one will hit a button. Menuchat Ahava 12:3 holds that one should be strict not to move an electric watch on [[Shabbat]] but the strict law is that it’s permissible. </ref>) as long as it works <ref>Shemirat [[Shabbat]] KeHilchata 28:25 and Rav Elyashiv quoted by Sefer Tiltulei [[Shabbat]] (pg 21) consider non-working watches to be [[Muktzeh]], however, Kaf HaChaim 308:277 quoted by Sefer Tiltulei [[Shabbat]] (pg 21) and Yalkut Yosef (Kitzur S”A 308) write that for a person who would wear the watch as jewelry and wear it even if it wasn’t working, the watch is considered non-[[muktzah]] </ref>

==Items that are entirely excluded from Muktzeh==
===Definition===
# Certain items that Chazal excluded from the laws of [[Muktzeh]] altogether are non-[[Muktzeh]]. <Ref> see further; Tiltulei [[Shabbat]] (pg 19) </ref>
===Rules===
# It’s permissible to move or touch a non-[[Muktzeh]] item even for no purpose at all. <Ref>S”A 308:4 rules that holy books and food may be moved for no purpose at all as they weren’t included in the gezerah of [[Muktzeh]] at all. Tiltulei [[Shabbat]] (pg 18) </ref>
===Examples===
* Food and drinks <ref> S”A 308:4, Hacham Ovadia (Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 22) writes that food which are prohibited to eat on shabbat are also prohibited to handle (tiltul). </ref>
* Food utensils including dishes, glasses, and silverware <ref> Mishna Brurah 308:23 rules that food utensils may be moved even for no purpose at all even though some authorities hold that food utensils are considered Kli Sh’Melachto LeHeter and not non-[[Muktzeh]]. [Since the language of Mishna Brurah is the utensils that are on the table and used often aren’t [[Muktzeh]] seemingly including serving utensils.] This is also the opinion of Tiltulei [[Shabbat]] (pg 19) (with the language of many authorities versus some authorities). Menuchat Ahava 12:2 rules leniently but adds that it's preferable to be strict. </ref>
* Sefarim (holy books which are permissible to read) <ref> S”A 308:4 writes that Kitvei Kodesh, holy books, are non-[[Muktzeh]]. Kitzur Shulchan Aruch 85:8 agrees. Mishna Brurah 308:22 adds that the Pri Megadim and Eliyah Rabba consider a [[megillah]] in this category even though the Pri Chadash 688:6 considers it [[Muktzeh]] (See Sharei Teshuva 308:2). The Tiltulei [[Shabbat]] (pg 32) also rules leniently. </ref>
* Some authorities permit reading books of wisdom and medicine, so they are not muktze. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 31 </ref>

===Further examples===
# Some consider the following to be exceptions to [[muktzeh]] just like the above examples.
* chairs that will be used for sitting <ref> Shalmei Yehuda 6:1 </ref>
* clothing that will be used on [[Shabbat]] <ref> Shalmei Yehuda 4:1 writes that clothing that will be used on [[Shabbat]] is considered non-[[Muktzeh]] according to all, while clothing that won’t be used on [[Shabbat]], some consider it non-[[Muktzeh]] while others consider it Kli Sh’Melachto LeHeter. Shemirat [[Shabbat]] KeHilchata 20:83 rules like the Kesot HaShulchan (Badei HaShulchan 108:7) who holds that clothing are considered non-[[muktzah]] like food. Nachalat Yisrael 1:7 (pg 3), Mechaze Eliyahu 45, and Shevut Yitzchak ([[Muktzah]] pg 85) quoting Rav Elayshiv agree. Yalkut Yosef (vol 2, pg 463) is also lenient regarding clothing. See also Meiri 124b s.v. Kli (quoted by Nachalat Yisrael by 140) who considers clothes as a Kli SheMelacha LeHeter.</ref>
* empty bottles for drinks <ref> Shalmei Yehuda 6:1 </ref>
* keys to the house <ref> Shalmei Yehuda 6:1 </ref>
* serving utensils <ref> Shalmei Yehuda 6:1 writes in the name of Rav Elyashiv and another Talmid Chacham that the exception from the laws of [[Muktzeh]] includes anything that’s always used on [[Shabbat]] such as a chair, a house key, tablecloth, empty bottle, [[Tallit]] bag. If so, certainly serving utensils are also included. </ref>
* tablecloth <ref> Shalmei Yehuda 6:1 </ref>
* [[Tallit]] bag <ref> Shalmei Yehuda 6:1 </ref>

==Sources==
<references/>
[[Category:Shabbat]]
[[Category:Muktzeh]]

Non-muktzeh Items

2018-12-23T15:28:46Z

Ezralevy: /* Examples */

{{Okay}}
==Kli Sh’Melachto LeHeter==
===Definition===
# An item that’s primarily used for permitted purposes is called Kli Sh’Melachto LeHeter. <Ref> see further; Tiltulei [[Shabbat]] (pg 18) </ref>
# A vessel of any size or weight is considered a vessel even if it’s not usually moved during the week and isn’t [[Muktzeh]]. However, if one doesn’t move it during the week because one’s afraid of it breaking it’s considered [[Muktzeh Machmat Chisaron Kis]]. <Ref>S”A 308:2, Mishna Brurah 308:8 </ref>

===Rules===
# It’s permissible to move or touch a Kli Sh’Melachto LeHeter item for any purpose. However, even Kli Sh’Melachto LeHeter may not be moved for no purpose at all. <Ref>S”A 308:4 rules that a Kli Sh’Melachto LeHeter may be moved even for purposes that serve the vessel itself such as to prevent it from breaking or being stolen. Tiltulei [[Shabbat]] (pg 18) explains that this type of purposes includes any purpose for the movement (as is evident by the inverse case). However, concludes S”A, it’s forbidden to move Kli Sh’Melachto LeHeter for no purpose. Kitzur Shulchan Aruch 85:8 agrees. The gemara (Shabbos 123b) quotes a tosefta discussing the historical development of the prohibition of tiltul keilim. The gemara explains that virtually all keilim were included in the initial prohibition and these keilim could not be moved even litzorech gufo or litzorech mikomo. However, as time went on, chazal ultimately permitted movement of a kli shemilachto li’isur litzorech gufo or litzorech mikomo and a kli shemilachto liheter even meichama l’tzeil (see gemara there for a dissenting opinion not accepted lihalacha.) <br/> The Beis Yosef (308:4) quotes the Maggid Mishna (shabbos 25:3) who infers from the Rambam that while a kli shemilachto liheter is the most lenient type of kli, it may not be moved shelo ltzarich klal. The Maggid Mishna explains that this emerges from the gemara, as the gemara’s phraseology “meichama ltzeil” seems to limit the permissibility to cases that protect the item. <br/> A further proof that a kli shemilachto liheter cannot be moved shelo litzorech klal is brought from the gemara’s conclusion on 124a that the shelves containing the lechem hapanim could not be moved in order to freshen the bread since the bread will not become stale in the interim if these shelves are not handled. This indicates that one needs a sufficient tzorech in order to move a kli shemilachto liheter (see Chiddushei haRan 124a and Ridvaz on Rambam Tmidim Umusafim 5:11.)<br/> The Mishna Brurah 308:23 records a lenient opinion that allows the movement of silverware and the like which are constantly handled, as these keilim were never included in the prohibition of tiltul keilim. This leniency is based on Tosfos 123b d’h miktzoa who considers it untenable that chazal would have ever prohibited moving such everyday items. The Mishna Brurah admits that the Rambam seems to prohibit even such movement (see Shaar Hatzion 21.) <br/> The Dirshu Mishna Brurah’s footnote 29 quotes some poskim who permit those who move items out of nervous habit or to help concentrate while learning to do so on Shabbos, as this is considered a tzorech. See also Aruch Hashulchan 308:15 who rules that any movement which a person performs intentionally must have some purpose and is therefore permitted. </ref> However, foods and seforim may be moved even without purpose as these items are not muktzah at all.
# It’s permissible to move a Kli Sh’Melachto LeHeter for purposes that serve the vessel itself such as prevent it from breaking or being stolen. <Ref> S”A 308:4 </ref>
# Some say that it's permissible to move a Kli Sh'Melachto LeHeter if one has pleasure in moving it. <ref>Aruch HaShulchan 308:15, Minchat [[Shabbat]] 88:53 says that Kli Sh'Melachto LeHeter may be moved if there's pleasure in moving it. Chazon Ovadyah (vol 3, pg 7) relies on this in regards to silverware where there's another dispute if it's considered like food or like [[Kli SheMelachto LeHeter]]. See also Avnei Nezer OC 403. However, Yalkut Yosef ([[Shabbat]] vol 2 pg 457, Sherit Yosef pg 418) was strict regarding silverware for no purpose.</ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter without any intent as that’s considered moving it for no purpose. <Ref> Aruch HaShulchan 308:15, Tiltulei [[Shabbat]] (pg 18) </ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter for a need for after [[Shabbat]] as that’s considered moving it for no purpose (for [[Shabbat]]) <ref> Mishna Brurah 308:21 </ref>

===Examples===
* air freshener <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* alarm clocks <ref> Shemirat [[Shabbat]] KeHilchata 28:54 </ref>
* artificial plants <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* (baby) rattle as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur </ref>
* baseball bat, glove and mit <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* binoculars <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers binoculars Kli Sh’Melachto LeHeter </ref>
* blech <ref> Tiltulei [[Shabbat]] (pg 33) </ref>
* blocks (toy) <ref> Sefer Tiltulei [[Shabbat]] (pg 24) in name of Rav Moshe Feinstein since they are designated for children’s use and other permitted uses. So agrees Shalmei Yehuda (pg 90) as long as the blocks don’t connect they are considered Kli Sh’Melachto LeHeter. </ref>
* books of secular wisdom <ref>S”A 307:17 writes that it’s forbidden to learn secular wisdom on [[Shabbat]] and some permit. Mishna Brurah 307:65 comments that the minhag is to be lenient. Regarding [[Muktzeh]] 308:50 writes that some say it’s not [[Muktzeh]] and some say it may be [[Muktzeh]]. Mishna Brurah 308:164 writes that the Gra holds that both opinions would be lenient and also references his comment in 307. Hacham Ovadia Yosef (Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 31) differentiates between books of wisdom and medicine versus history books. He maintains that the former is not muktze at all because some say that they are permissible to read on Shabbat but the latter is muktze because they are not permissible to read on Shabbat. </ref>
* broom which have bristles that do not break<ref> S”A 308:49 writes that a broom isn’t [[Muktzeh]], however, Mishna Brurah 308:168 writes that it’s considered [[Kli Sh’Melachto LeIssur]] because one may not use a broom on [[Shabbat]] even on a tiled floor. Nowadays, however, Sefer Tiltulei [[Shabbat]] (Rav Bodner pg 29) considers brooms which have bristles that do not break to be Kli Sh’Melachto LeHeter since it’s permitted to broom a tiled floor where most of the homes of the city have tiled floors (Beiur Halacha 337:2 s.v. VeYesh; Sefer Hilchot [[Shabbat]] (vol 2 pg 51, [[Choresh]] note 115, by Rabbi Eider) in name of Rabbi Moshe Feinstein writes that nowadays it’s permissible to use a broom on ground with flooring.) </ref>
* chess <ref> Shalmei Yehuda (pg 91) in name of Rav Elyashiv, Sefer Tiltulei [[Shabbat]] (pg 27). </ref>
* deodorant <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* egg-slicer <ref> Tiltulei [[Shabbat]] (pg 55 in the footnote) </ref>
* empty pots used for [[cooking]] and serving but not designated for either one <ref> Tiltulei [[Shabbat]] (pg 43 note 25(3)) quotes Kesot HaShulchan (Badei HaShulchan 108:12) who rules that if a pot is designated for both serving and [[cooking]] even if it’s mostly used for [[cooking]] it’s considered a Kli Sh’Melachto LeHeter. </ref>
* empty pots primarily used for serving but are sometimes used for [[cooking]] <ref> Tiltulei [[Shabbat]] (pg 43-4) rules that a pot that’s designated for serving and [[cooking]] but is used primarily for serving is certainly considered Kli Sh’Melachto LeHeter. </ref>
* furniture <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* hair spray <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* handball racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* insect repellent <ref> Sefer Tiltulei [[Shabbat]] (pg 109), Shalmei Yehuda (pg 179) in name of Rav Elyashiv who explained that it’s permissible to spray on [[Shabbat]] </ref>
* kitchen scissors (used to cut food or food bags) <ref>Shemirat [[Shabbat]] KeHilchata 20:16 </ref>
* magnet <ref> Tiltulei [[Shabbat]] (pg 32). see more at [[Games_on_Shabbat#Magnets | Magnets]] </ref>
* marbles <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers marbles Kli Sh’Melachto LeHeter </ref>
* microscopes <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers microscopes Kli Sh’Melachto LeHeter </ref>
* musical toy as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* perfume sprays <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* perfumes <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* pingpong racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* plastic tarp or sheet <ref> Sh"t Igrot Moshe 5:39(4) writes that it's permissible to cover the [[Sukkah]] with a plastic sheet on [[Shabbat]] and [[Yom Tov]] without an issue of Boneh by making an Ohel nor the issue of [[muktzah]]. </ref>
* racquetball racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* safety pin <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* salt shaker (even if it has rice in it) <ref> Shalmei Yehuda 6:5 writes that according to those who permit (oral ruling from Rav Elyashiv, Az Nidbaru 2:14, 4:23, Yalkut Yosef [[Shabbat]] vol 3 pg 307) having dry rice in the salt shaker and don’t consider it [[Muktzeh]] there’s no question that the shaker isn’t [[Muktzeh]]. However, says the Shalmei Yehuda, even according to those who forbid (Rav Moshe Feinstein quoted in Hilchot [[Shabbat]] by Rabbi Eider, Melachat [[Borer]] note 103, Shemirat [[Shabbat]] KeHilchata 3:60) who forbids will agree that it’s not [[Muktzeh]] since it can be used without rice. </ref>
* telescopes <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers telescopes Kli Sh’Melachto LeHeter </ref>
* tennis racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* thermos <ref> Shalmei Yehuda 6:4 writes that a thermos isn’t [[Muktzeh]] since many (Chazon Ish 37:35, Az Nidbaru 1:48-9, 3:17, Igrot Moshe 1:95, oral ruling from Rav Elyashiv) permit pouring hot water from a Kli RIshon in there and it’s not [[hatmana]]. [However, according to Sh”t Shevet HaLevi 1:93 that it’s forbidden to put hot water into a thermos, thermos should be considered a [[Kli Sh’Melachto LeIssur]].] </ref>
* toothpick <ref> Tiltulei [[Shabbat]] (pg 32) </ref>
* toy phone as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* talking doll as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* water used for [[Netilat Yadayim]] and [[Mayim Achronim]] <ref>Beiur Halacha 338:8 s.v. Asur writes that water used for [[Netilat Yadayim]] and [[Mayim Achronim]] isn’t [[Muktzeh]]. Rav Pinchas Sheinburg (his Kuntres on [[Muktzah]] in Shalmei Yehuda (pg 264-5) agrees with Beiur Halacha. However, Rav Binyamin Zilber in Brit Olam (pg 111 #30) and Sh”t Az Nidbaru 1:79(179) argues that it should be considered [[Muktzeh]]. </ref>
* wind-up toy <ref> Sefer Tiltulei [[Shabbat]] (pg 28) quoting Rav Moshe Feinstein considers wind-up toys Kli Sh’Melachto LeHeter by reasoning that even though it’s forbidden to wind up a toy the toy is not [[Muktzeh]] since they’re designated for little kids.</ref>
* whistle as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur </ref>
* wrist watch (mechanical <ref> Mishna Brurah 308:168 writes that mechanical wrist and pocket watches are non-[[Muktzeh]]. Sefer Tiltulei [[Shabbat]] (pg 20 writes that a self-winding watch is also non-[[Muktzeh]]. </ref> or electric <ref>Sefer Tiltulei [[Shabbat]] (pg 20-21) in name of Rav Moshe Feinstein writes that electric wrist watches are non-[[Muktzeh]] and one doesn’t need to cover the buttons unless one feels that one will hit a button. Menuchat Ahava 12:3 holds that one should be strict not to move an electric watch on [[Shabbat]] but the strict law is that it’s permissible. </ref>) as long as it works <ref>Shemirat [[Shabbat]] KeHilchata 28:25 and Rav Elyashiv quoted by Sefer Tiltulei [[Shabbat]] (pg 21) consider non-working watches to be [[Muktzeh]], however, Kaf HaChaim 308:277 quoted by Sefer Tiltulei [[Shabbat]] (pg 21) and Yalkut Yosef (Kitzur S”A 308) write that for a person who would wear the watch as jewelry and wear it even if it wasn’t working, the watch is considered non-[[muktzah]] </ref>

==Items that are entirely excluded from Muktzeh==
===Definition===
# Certain items that Chazal excluded from the laws of [[Muktzeh]] altogether are non-[[Muktzeh]]. <Ref> see further; Tiltulei [[Shabbat]] (pg 19) </ref>
===Rules===
# It’s permissible to move or touch a non-[[Muktzeh]] item even for no purpose at all. <Ref>S”A 308:4 rules that holy books and food may be moved for no purpose at all as they weren’t included in the gezerah of [[Muktzeh]] at all. Tiltulei [[Shabbat]] (pg 18) </ref>
===Examples===
* Food and drinks <ref> S”A 308:4 </ref>
* Food utensils including dishes, glasses, and silverware <ref> Mishna Brurah 308:23 rules that food utensils may be moved even for no purpose at all even though some authorities hold that food utensils are considered Kli Sh’Melachto LeHeter and not non-[[Muktzeh]]. [Since the language of Mishna Brurah is the utensils that are on the table and used often aren’t [[Muktzeh]] seemingly including serving utensils.] This is also the opinion of Tiltulei [[Shabbat]] (pg 19) (with the language of many authorities versus some authorities). Menuchat Ahava 12:2 rules leniently but adds that it's preferable to be strict. </ref>
* Sefarim (holy books which are permissible to read) <ref> S”A 308:4 writes that Kitvei Kodesh, holy books, are non-[[Muktzeh]]. Kitzur Shulchan Aruch 85:8 agrees. Mishna Brurah 308:22 adds that the Pri Megadim and Eliyah Rabba consider a [[megillah]] in this category even though the Pri Chadash 688:6 considers it [[Muktzeh]] (See Sharei Teshuva 308:2). The Tiltulei [[Shabbat]] (pg 32) also rules leniently. </ref>
* Some authorities permit reading books of wisdom and medicine, so they are not muktze. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 31 </ref>

===Further examples===
# Some consider the following to be exceptions to [[muktzeh]] just like the above examples.
* chairs that will be used for sitting <ref> Shalmei Yehuda 6:1 </ref>
* clothing that will be used on [[Shabbat]] <ref> Shalmei Yehuda 4:1 writes that clothing that will be used on [[Shabbat]] is considered non-[[Muktzeh]] according to all, while clothing that won’t be used on [[Shabbat]], some consider it non-[[Muktzeh]] while others consider it Kli Sh’Melachto LeHeter. Shemirat [[Shabbat]] KeHilchata 20:83 rules like the Kesot HaShulchan (Badei HaShulchan 108:7) who holds that clothing are considered non-[[muktzah]] like food. Nachalat Yisrael 1:7 (pg 3), Mechaze Eliyahu 45, and Shevut Yitzchak ([[Muktzah]] pg 85) quoting Rav Elayshiv agree. Yalkut Yosef (vol 2, pg 463) is also lenient regarding clothing. See also Meiri 124b s.v. Kli (quoted by Nachalat Yisrael by 140) who considers clothes as a Kli SheMelacha LeHeter.</ref>
* empty bottles for drinks <ref> Shalmei Yehuda 6:1 </ref>
* keys to the house <ref> Shalmei Yehuda 6:1 </ref>
* serving utensils <ref> Shalmei Yehuda 6:1 writes in the name of Rav Elyashiv and another Talmid Chacham that the exception from the laws of [[Muktzeh]] includes anything that’s always used on [[Shabbat]] such as a chair, a house key, tablecloth, empty bottle, [[Tallit]] bag. If so, certainly serving utensils are also included. </ref>
* tablecloth <ref> Shalmei Yehuda 6:1 </ref>
* [[Tallit]] bag <ref> Shalmei Yehuda 6:1 </ref>

==Sources==
<references/>
[[Category:Shabbat]]
[[Category:Muktzeh]]

Non-muktzeh Items

2018-12-23T15:27:05Z

Ezralevy: /* Examples */

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==Kli Sh’Melachto LeHeter==
===Definition===
# An item that’s primarily used for permitted purposes is called Kli Sh’Melachto LeHeter. <Ref> see further; Tiltulei [[Shabbat]] (pg 18) </ref>
# A vessel of any size or weight is considered a vessel even if it’s not usually moved during the week and isn’t [[Muktzeh]]. However, if one doesn’t move it during the week because one’s afraid of it breaking it’s considered [[Muktzeh Machmat Chisaron Kis]]. <Ref>S”A 308:2, Mishna Brurah 308:8 </ref>

===Rules===
# It’s permissible to move or touch a Kli Sh’Melachto LeHeter item for any purpose. However, even Kli Sh’Melachto LeHeter may not be moved for no purpose at all. <Ref>S”A 308:4 rules that a Kli Sh’Melachto LeHeter may be moved even for purposes that serve the vessel itself such as to prevent it from breaking or being stolen. Tiltulei [[Shabbat]] (pg 18) explains that this type of purposes includes any purpose for the movement (as is evident by the inverse case). However, concludes S”A, it’s forbidden to move Kli Sh’Melachto LeHeter for no purpose. Kitzur Shulchan Aruch 85:8 agrees. The gemara (Shabbos 123b) quotes a tosefta discussing the historical development of the prohibition of tiltul keilim. The gemara explains that virtually all keilim were included in the initial prohibition and these keilim could not be moved even litzorech gufo or litzorech mikomo. However, as time went on, chazal ultimately permitted movement of a kli shemilachto li’isur litzorech gufo or litzorech mikomo and a kli shemilachto liheter even meichama l’tzeil (see gemara there for a dissenting opinion not accepted lihalacha.) <br/> The Beis Yosef (308:4) quotes the Maggid Mishna (shabbos 25:3) who infers from the Rambam that while a kli shemilachto liheter is the most lenient type of kli, it may not be moved shelo ltzarich klal. The Maggid Mishna explains that this emerges from the gemara, as the gemara’s phraseology “meichama ltzeil” seems to limit the permissibility to cases that protect the item. <br/> A further proof that a kli shemilachto liheter cannot be moved shelo litzorech klal is brought from the gemara’s conclusion on 124a that the shelves containing the lechem hapanim could not be moved in order to freshen the bread since the bread will not become stale in the interim if these shelves are not handled. This indicates that one needs a sufficient tzorech in order to move a kli shemilachto liheter (see Chiddushei haRan 124a and Ridvaz on Rambam Tmidim Umusafim 5:11.)<br/> The Mishna Brurah 308:23 records a lenient opinion that allows the movement of silverware and the like which are constantly handled, as these keilim were never included in the prohibition of tiltul keilim. This leniency is based on Tosfos 123b d’h miktzoa who considers it untenable that chazal would have ever prohibited moving such everyday items. The Mishna Brurah admits that the Rambam seems to prohibit even such movement (see Shaar Hatzion 21.) <br/> The Dirshu Mishna Brurah’s footnote 29 quotes some poskim who permit those who move items out of nervous habit or to help concentrate while learning to do so on Shabbos, as this is considered a tzorech. See also Aruch Hashulchan 308:15 who rules that any movement which a person performs intentionally must have some purpose and is therefore permitted. </ref> However, foods and seforim may be moved even without purpose as these items are not muktzah at all.
# It’s permissible to move a Kli Sh’Melachto LeHeter for purposes that serve the vessel itself such as prevent it from breaking or being stolen. <Ref> S”A 308:4 </ref>
# Some say that it's permissible to move a Kli Sh'Melachto LeHeter if one has pleasure in moving it. <ref>Aruch HaShulchan 308:15, Minchat [[Shabbat]] 88:53 says that Kli Sh'Melachto LeHeter may be moved if there's pleasure in moving it. Chazon Ovadyah (vol 3, pg 7) relies on this in regards to silverware where there's another dispute if it's considered like food or like [[Kli SheMelachto LeHeter]]. See also Avnei Nezer OC 403. However, Yalkut Yosef ([[Shabbat]] vol 2 pg 457, Sherit Yosef pg 418) was strict regarding silverware for no purpose.</ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter without any intent as that’s considered moving it for no purpose. <Ref> Aruch HaShulchan 308:15, Tiltulei [[Shabbat]] (pg 18) </ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter for a need for after [[Shabbat]] as that’s considered moving it for no purpose (for [[Shabbat]]) <ref> Mishna Brurah 308:21 </ref>

===Examples===
* air freshener <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* alarm clocks <ref> Shemirat [[Shabbat]] KeHilchata 28:54 </ref>
* artificial plants <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* (baby) rattle as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur </ref>
* baseball bat, glove and mit <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* binoculars <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers binoculars Kli Sh’Melachto LeHeter </ref>
* blech <ref> Tiltulei [[Shabbat]] (pg 33) </ref>
* blocks (toy) <ref> Sefer Tiltulei [[Shabbat]] (pg 24) in name of Rav Moshe Feinstein since they are designated for children’s use and other permitted uses. So agrees Shalmei Yehuda (pg 90) as long as the blocks don’t connect they are considered Kli Sh’Melachto LeHeter. </ref>
* books of secular wisdom <ref>S”A 307:17 writes that it’s forbidden to learn secular wisdom on [[Shabbat]] and some permit. Mishna Brurah 307:65 comments that the minhag is to be lenient. Regarding [[Muktzeh]] 308:50 writes that some say it’s not [[Muktzeh]] and some say it may be [[Muktzeh]]. Mishna Brurah 308:164 writes that the Gra holds that both opinions would be lenient and also references his comment in 307. Hacham Ovadia Yosef (Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 31) differentiates between books of wisdom and medicine versus history books. He maintains that the former is not muktze at all because some say that they are permissible to read on Shabbat but the latter is muktze because they are not permissible to read on Shabbat. </ref>
* broom which have bristles that do not break<ref> S”A 308:49 writes that a broom isn’t [[Muktzeh]], however, Mishna Brurah 308:168 writes that it’s considered [[Kli Sh’Melachto LeIssur]] because one may not use a broom on [[Shabbat]] even on a tiled floor. Nowadays, however, Sefer Tiltulei [[Shabbat]] (Rav Bodner pg 29) considers brooms which have bristles that do not break to be Kli Sh’Melachto LeHeter since it’s permitted to broom a tiled floor where most of the homes of the city have tiled floors (Beiur Halacha 337:2 s.v. VeYesh; Sefer Hilchot [[Shabbat]] (vol 2 pg 51, [[Choresh]] note 115, by Rabbi Eider) in name of Rabbi Moshe Feinstein writes that nowadays it’s permissible to use a broom on ground with flooring.) </ref>
* chess <ref> Shalmei Yehuda (pg 91) in name of Rav Elyashiv, Sefer Tiltulei [[Shabbat]] (pg 27). </ref>
* deodorant <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* egg-slicer <ref> Tiltulei [[Shabbat]] (pg 55 in the footnote) </ref>
* empty pots used for [[cooking]] and serving but not designated for either one <ref> Tiltulei [[Shabbat]] (pg 43 note 25(3)) quotes Kesot HaShulchan (Badei HaShulchan 108:12) who rules that if a pot is designated for both serving and [[cooking]] even if it’s mostly used for [[cooking]] it’s considered a Kli Sh’Melachto LeHeter. </ref>
* empty pots primarily used for serving but are sometimes used for [[cooking]] <ref> Tiltulei [[Shabbat]] (pg 43-4) rules that a pot that’s designated for serving and [[cooking]] but is used primarily for serving is certainly considered Kli Sh’Melachto LeHeter. </ref>
* furniture <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* hair spray <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* handball racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* insect repellent <ref> Sefer Tiltulei [[Shabbat]] (pg 109), Shalmei Yehuda (pg 179) in name of Rav Elyashiv who explained that it’s permissible to spray on [[Shabbat]] </ref>
* kitchen scissors (used to cut food or food bags) <ref>Shemirat [[Shabbat]] KeHilchata 20:16 </ref>
* magnet <ref> Tiltulei [[Shabbat]] (pg 32). see more at [[Games_on_Shabbat#Magnets | Magnets]] </ref>
* marbles <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers marbles Kli Sh’Melachto LeHeter </ref>
* microscopes <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers microscopes Kli Sh’Melachto LeHeter </ref>
* musical toy as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* perfume sprays <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* perfumes <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* pingpong racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* plastic tarp or sheet <ref> Sh"t Igrot Moshe 5:39(4) writes that it's permissible to cover the [[Sukkah]] with a plastic sheet on [[Shabbat]] and [[Yom Tov]] without an issue of Boneh by making an Ohel nor the issue of [[muktzah]]. </ref>
* racquetball racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* safety pin <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* salt shaker (even if it has rice in it) <ref> Shalmei Yehuda 6:5 writes that according to those who permit (oral ruling from Rav Elyashiv, Az Nidbaru 2:14, 4:23, Yalkut Yosef [[Shabbat]] vol 3 pg 307) having dry rice in the salt shaker and don’t consider it [[Muktzeh]] there’s no question that the shaker isn’t [[Muktzeh]]. However, says the Shalmei Yehuda, even according to those who forbid (Rav Moshe Feinstein quoted in Hilchot [[Shabbat]] by Rabbi Eider, Melachat [[Borer]] note 103, Shemirat [[Shabbat]] KeHilchata 3:60) who forbids will agree that it’s not [[Muktzeh]] since it can be used without rice. </ref>
* telescopes <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers telescopes Kli Sh’Melachto LeHeter </ref>
* tennis racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* thermos <ref> Shalmei Yehuda 6:4 writes that a thermos isn’t [[Muktzeh]] since many (Chazon Ish 37:35, Az Nidbaru 1:48-9, 3:17, Igrot Moshe 1:95, oral ruling from Rav Elyashiv) permit pouring hot water from a Kli RIshon in there and it’s not [[hatmana]]. [However, according to Sh”t Shevet HaLevi 1:93 that it’s forbidden to put hot water into a thermos, thermos should be considered a [[Kli Sh’Melachto LeIssur]].] </ref>
* toothpick <ref> Tiltulei [[Shabbat]] (pg 32) </ref>
* toy phone as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* talking doll as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* water used for [[Netilat Yadayim]] and [[Mayim Achronim]] <ref>Beiur Halacha 338:8 s.v. Asur writes that water used for [[Netilat Yadayim]] and [[Mayim Achronim]] isn’t [[Muktzeh]]. Rav Pinchas Sheinburg (his Kuntres on [[Muktzah]] in Shalmei Yehuda (pg 264-5) agrees with Beiur Halacha. However, Rav Binyamin Zilber in Brit Olam (pg 111 #30) and Sh”t Az Nidbaru 1:79(179) argues that it should be considered [[Muktzeh]]. </ref>
* wind-up toy <ref> Sefer Tiltulei [[Shabbat]] (pg 28) quoting Rav Moshe Feinstein considers wind-up toys Kli Sh’Melachto LeHeter by reasoning that even though it’s forbidden to wind up a toy the toy is not [[Muktzeh]] since they’re designated for little kids.</ref>
* whistle as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur </ref>
* wrist watch (mechanical <ref> Mishna Brurah 308:168 writes that mechanical wrist and pocket watches are non-[[Muktzeh]]. Sefer Tiltulei [[Shabbat]] (pg 20 writes that a self-winding watch is also non-[[Muktzeh]]. </ref> or electric <ref>Sefer Tiltulei [[Shabbat]] (pg 20-21) in name of Rav Moshe Feinstein writes that electric wrist watches are non-[[Muktzeh]] and one doesn’t need to cover the buttons unless one feels that one will hit a button. Menuchat Ahava 12:3 holds that one should be strict not to move an electric watch on [[Shabbat]] but the strict law is that it’s permissible. </ref>) as long as it works <ref>Shemirat [[Shabbat]] KeHilchata 28:25 and Rav Elyashiv quoted by Sefer Tiltulei [[Shabbat]] (pg 21) consider non-working watches to be [[Muktzeh]], however, Kaf HaChaim 308:277 quoted by Sefer Tiltulei [[Shabbat]] (pg 21) and Yalkut Yosef (Kitzur S”A 308) write that for a person who would wear the watch as jewelry and wear it even if it wasn’t working, the watch is considered non-[[muktzah]] </ref>

==Items that are entirely excluded from Muktzeh==
===Definition===
# Certain items that Chazal excluded from the laws of [[Muktzeh]] altogether are non-[[Muktzeh]]. <Ref> see further; Tiltulei [[Shabbat]] (pg 19) </ref>
===Rules===
# It’s permissible to move or touch a non-[[Muktzeh]] item even for no purpose at all. <Ref>S”A 308:4 rules that holy books and food may be moved for no purpose at all as they weren’t included in the gezerah of [[Muktzeh]] at all. Tiltulei [[Shabbat]] (pg 18) </ref>
===Examples===
* Food and drinks <ref> S”A 308:4 </ref>
* Food Utensils including dishes, glasses, and silverware <ref> Mishna Brurah 308:23 rules that food utensils may be moved even for no purpose at all even though some authorities hold that food utensils are considered Kli Sh’Melachto LeHeter and not non-[[Muktzeh]]. [Since the language of Mishna Brurah is the utensils that are on the table and used often aren’t [[Muktzeh]] seemingly including serving utensils.] This is also the opinion of Tiltulei [[Shabbat]] (pg 19) (with the language of many authorities versus some authorities). Menuchat Ahava 12:2 rules leniently but adds that it's preferable to be strict. </ref>
* Sefarim (holy books which are permissible to read) <ref> S”A 308:4 writes that Kitvei Kodesh, holy books, are non-[[Muktzeh]]. Kitzur Shulchan Aruch 85:8 agrees. Mishna Brurah 308:22 adds that the Pri Megadim and Eliyah Rabba consider a [[megillah]] in this category even though the Pri Chadash 688:6 considers it [[Muktzeh]] (See Sharei Teshuva 308:2). The Tiltulei [[Shabbat]] (pg 32) also rules leniently. </ref>
* Some authorities permit reading books of wisdom and medicine, so they are not muktze. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 31 </ref>

===Further examples===
# Some consider the following to be exceptions to [[muktzeh]] just like the above examples.
* chairs that will be used for sitting <ref> Shalmei Yehuda 6:1 </ref>
* clothing that will be used on [[Shabbat]] <ref> Shalmei Yehuda 4:1 writes that clothing that will be used on [[Shabbat]] is considered non-[[Muktzeh]] according to all, while clothing that won’t be used on [[Shabbat]], some consider it non-[[Muktzeh]] while others consider it Kli Sh’Melachto LeHeter. Shemirat [[Shabbat]] KeHilchata 20:83 rules like the Kesot HaShulchan (Badei HaShulchan 108:7) who holds that clothing are considered non-[[muktzah]] like food. Nachalat Yisrael 1:7 (pg 3), Mechaze Eliyahu 45, and Shevut Yitzchak ([[Muktzah]] pg 85) quoting Rav Elayshiv agree. Yalkut Yosef (vol 2, pg 463) is also lenient regarding clothing. See also Meiri 124b s.v. Kli (quoted by Nachalat Yisrael by 140) who considers clothes as a Kli SheMelacha LeHeter.</ref>
* empty bottles for drinks <ref> Shalmei Yehuda 6:1 </ref>
* keys to the house <ref> Shalmei Yehuda 6:1 </ref>
* serving utensils <ref> Shalmei Yehuda 6:1 writes in the name of Rav Elyashiv and another Talmid Chacham that the exception from the laws of [[Muktzeh]] includes anything that’s always used on [[Shabbat]] such as a chair, a house key, tablecloth, empty bottle, [[Tallit]] bag. If so, certainly serving utensils are also included. </ref>
* tablecloth <ref> Shalmei Yehuda 6:1 </ref>
* [[Tallit]] bag <ref> Shalmei Yehuda 6:1 </ref>

==Sources==
<references/>
[[Category:Shabbat]]
[[Category:Muktzeh]]

Non-muktzeh Items

2018-12-23T15:23:04Z

Ezralevy: /* Examples */

{{Okay}}
==Kli Sh’Melachto LeHeter==
===Definition===
# An item that’s primarily used for permitted purposes is called Kli Sh’Melachto LeHeter. <Ref> see further; Tiltulei [[Shabbat]] (pg 18) </ref>
# A vessel of any size or weight is considered a vessel even if it’s not usually moved during the week and isn’t [[Muktzeh]]. However, if one doesn’t move it during the week because one’s afraid of it breaking it’s considered [[Muktzeh Machmat Chisaron Kis]]. <Ref>S”A 308:2, Mishna Brurah 308:8 </ref>

===Rules===
# It’s permissible to move or touch a Kli Sh’Melachto LeHeter item for any purpose. However, even Kli Sh’Melachto LeHeter may not be moved for no purpose at all. <Ref>S”A 308:4 rules that a Kli Sh’Melachto LeHeter may be moved even for purposes that serve the vessel itself such as to prevent it from breaking or being stolen. Tiltulei [[Shabbat]] (pg 18) explains that this type of purposes includes any purpose for the movement (as is evident by the inverse case). However, concludes S”A, it’s forbidden to move Kli Sh’Melachto LeHeter for no purpose. Kitzur Shulchan Aruch 85:8 agrees. The gemara (Shabbos 123b) quotes a tosefta discussing the historical development of the prohibition of tiltul keilim. The gemara explains that virtually all keilim were included in the initial prohibition and these keilim could not be moved even litzorech gufo or litzorech mikomo. However, as time went on, chazal ultimately permitted movement of a kli shemilachto li’isur litzorech gufo or litzorech mikomo and a kli shemilachto liheter even meichama l’tzeil (see gemara there for a dissenting opinion not accepted lihalacha.) <br/> The Beis Yosef (308:4) quotes the Maggid Mishna (shabbos 25:3) who infers from the Rambam that while a kli shemilachto liheter is the most lenient type of kli, it may not be moved shelo ltzarich klal. The Maggid Mishna explains that this emerges from the gemara, as the gemara’s phraseology “meichama ltzeil” seems to limit the permissibility to cases that protect the item. <br/> A further proof that a kli shemilachto liheter cannot be moved shelo litzorech klal is brought from the gemara’s conclusion on 124a that the shelves containing the lechem hapanim could not be moved in order to freshen the bread since the bread will not become stale in the interim if these shelves are not handled. This indicates that one needs a sufficient tzorech in order to move a kli shemilachto liheter (see Chiddushei haRan 124a and Ridvaz on Rambam Tmidim Umusafim 5:11.)<br/> The Mishna Brurah 308:23 records a lenient opinion that allows the movement of silverware and the like which are constantly handled, as these keilim were never included in the prohibition of tiltul keilim. This leniency is based on Tosfos 123b d’h miktzoa who considers it untenable that chazal would have ever prohibited moving such everyday items. The Mishna Brurah admits that the Rambam seems to prohibit even such movement (see Shaar Hatzion 21.) <br/> The Dirshu Mishna Brurah’s footnote 29 quotes some poskim who permit those who move items out of nervous habit or to help concentrate while learning to do so on Shabbos, as this is considered a tzorech. See also Aruch Hashulchan 308:15 who rules that any movement which a person performs intentionally must have some purpose and is therefore permitted. </ref> However, foods and seforim may be moved even without purpose as these items are not muktzah at all.
# It’s permissible to move a Kli Sh’Melachto LeHeter for purposes that serve the vessel itself such as prevent it from breaking or being stolen. <Ref> S”A 308:4 </ref>
# Some say that it's permissible to move a Kli Sh'Melachto LeHeter if one has pleasure in moving it. <ref>Aruch HaShulchan 308:15, Minchat [[Shabbat]] 88:53 says that Kli Sh'Melachto LeHeter may be moved if there's pleasure in moving it. Chazon Ovadyah (vol 3, pg 7) relies on this in regards to silverware where there's another dispute if it's considered like food or like [[Kli SheMelachto LeHeter]]. See also Avnei Nezer OC 403. However, Yalkut Yosef ([[Shabbat]] vol 2 pg 457, Sherit Yosef pg 418) was strict regarding silverware for no purpose.</ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter without any intent as that’s considered moving it for no purpose. <Ref> Aruch HaShulchan 308:15, Tiltulei [[Shabbat]] (pg 18) </ref>
# It’s forbidden to move a Kli Sh’Melachto LeHeter for a need for after [[Shabbat]] as that’s considered moving it for no purpose (for [[Shabbat]]) <ref> Mishna Brurah 308:21 </ref>

===Examples===
* air freshener <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* alarm clocks <ref> Shemirat [[Shabbat]] KeHilchata 28:54 </ref>
* artificial plants <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* (baby) rattle as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur </ref>
* baseball bat, glove and mit <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* binoculars <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers binoculars Kli Sh’Melachto LeHeter </ref>
* blech <ref> Tiltulei [[Shabbat]] (pg 33) </ref>
* blocks (toy) <ref> Sefer Tiltulei [[Shabbat]] (pg 24) in name of Rav Moshe Feinstein since they are designated for children’s use and other permitted uses. So agrees Shalmei Yehuda (pg 90) as long as the blocks don’t connect they are considered Kli Sh’Melachto LeHeter. </ref>
* books of secular wisdom <ref>S”A 307:17 writes that it’s forbidden to learn secular wisdom on [[Shabbat]] and some permit. Mishna Brurah 307:65 comments that the minhag is to be lenient. Regarding [[Muktzeh]] 308:50 writes that some say it’s not [[Muktzeh]] and some say it may be [[Muktzeh]]. Mishna Brurah 308:164 writes that the Gra holds that both opinions would be lenient and also references his comment in 307. </ref>
* broom which have bristles that do not break<ref> S”A 308:49 writes that a broom isn’t [[Muktzeh]], however, Mishna Brurah 308:168 writes that it’s considered [[Kli Sh’Melachto LeIssur]] because one may not use a broom on [[Shabbat]] even on a tiled floor. Nowadays, however, Sefer Tiltulei [[Shabbat]] (Rav Bodner pg 29) considers brooms which have bristles that do not break to be Kli Sh’Melachto LeHeter since it’s permitted to broom a tiled floor where most of the homes of the city have tiled floors (Beiur Halacha 337:2 s.v. VeYesh; Sefer Hilchot [[Shabbat]] (vol 2 pg 51, [[Choresh]] note 115, by Rabbi Eider) in name of Rabbi Moshe Feinstein writes that nowadays it’s permissible to use a broom on ground with flooring.) </ref>
* chess <ref> Shalmei Yehuda (pg 91) in name of Rav Elyashiv, Sefer Tiltulei [[Shabbat]] (pg 27). </ref>
* deodorant <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* egg-slicer <ref> Tiltulei [[Shabbat]] (pg 55 in the footnote) </ref>
* empty pots used for [[cooking]] and serving but not designated for either one <ref> Tiltulei [[Shabbat]] (pg 43 note 25(3)) quotes Kesot HaShulchan (Badei HaShulchan 108:12) who rules that if a pot is designated for both serving and [[cooking]] even if it’s mostly used for [[cooking]] it’s considered a Kli Sh’Melachto LeHeter. </ref>
* empty pots primarily used for serving but are sometimes used for [[cooking]] <ref> Tiltulei [[Shabbat]] (pg 43-4) rules that a pot that’s designated for serving and [[cooking]] but is used primarily for serving is certainly considered Kli Sh’Melachto LeHeter. </ref>
* furniture <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* hair spray <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* handball racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* insect repellent <ref> Sefer Tiltulei [[Shabbat]] (pg 109), Shalmei Yehuda (pg 179) in name of Rav Elyashiv who explained that it’s permissible to spray on [[Shabbat]] </ref>
* kitchen scissors (used to cut food or food bags) <ref>Shemirat [[Shabbat]] KeHilchata 20:16 </ref>
* magnet <ref> Tiltulei [[Shabbat]] (pg 32). see more at [[Games_on_Shabbat#Magnets | Magnets]] </ref>
* marbles <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers marbles Kli Sh’Melachto LeHeter </ref>
* microscopes <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers microscopes Kli Sh’Melachto LeHeter </ref>
* musical toy as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* perfume sprays <ref> Tiltulei [[Shabbat]] (pg 30) </ref>
* perfumes <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* pingpong racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* plastic tarp or sheet <ref> Sh"t Igrot Moshe 5:39(4) writes that it's permissible to cover the [[Sukkah]] with a plastic sheet on [[Shabbat]] and [[Yom Tov]] without an issue of Boneh by making an Ohel nor the issue of [[muktzah]]. </ref>
* racquetball racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* safety pin <ref> Tiltulei [[Shabbat]] (pg 31) </ref>
* salt shaker (even if it has rice in it) <ref> Shalmei Yehuda 6:5 writes that according to those who permit (oral ruling from Rav Elyashiv, Az Nidbaru 2:14, 4:23, Yalkut Yosef [[Shabbat]] vol 3 pg 307) having dry rice in the salt shaker and don’t consider it [[Muktzeh]] there’s no question that the shaker isn’t [[Muktzeh]]. However, says the Shalmei Yehuda, even according to those who forbid (Rav Moshe Feinstein quoted in Hilchot [[Shabbat]] by Rabbi Eider, Melachat [[Borer]] note 103, Shemirat [[Shabbat]] KeHilchata 3:60) who forbids will agree that it’s not [[Muktzeh]] since it can be used without rice. </ref>
* telescopes <ref> Sefer Tiltulei [[Shabbat]] (pg 28) considers telescopes Kli Sh’Melachto LeHeter </ref>
* tennis racket <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* thermos <ref> Shalmei Yehuda 6:4 writes that a thermos isn’t [[Muktzeh]] since many (Chazon Ish 37:35, Az Nidbaru 1:48-9, 3:17, Igrot Moshe 1:95, oral ruling from Rav Elyashiv) permit pouring hot water from a Kli RIshon in there and it’s not [[hatmana]]. [However, according to Sh”t Shevet HaLevi 1:93 that it’s forbidden to put hot water into a thermos, thermos should be considered a [[Kli Sh’Melachto LeIssur]].] </ref>
* toothpick <ref> Tiltulei [[Shabbat]] (pg 32) </ref>
* toy phone as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* talking doll as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein </ref>
* water used for [[Netilat Yadayim]] and [[Mayim Achronim]] <ref>Beiur Halacha 338:8 s.v. Asur writes that water used for [[Netilat Yadayim]] and [[Mayim Achronim]] isn’t [[Muktzeh]]. Rav Pinchas Sheinburg (his Kuntres on [[Muktzah]] in Shalmei Yehuda (pg 264-5) agrees with Beiur Halacha. However, Rav Binyamin Zilber in Brit Olam (pg 111 #30) and Sh”t Az Nidbaru 1:79(179) argues that it should be considered [[Muktzeh]]. </ref>
* wind-up toy <ref> Sefer Tiltulei [[Shabbat]] (pg 28) quoting Rav Moshe Feinstein considers wind-up toys Kli Sh’Melachto LeHeter by reasoning that even though it’s forbidden to wind up a toy the toy is not [[Muktzeh]] since they’re designated for little kids.</ref>
* whistle as long as it’s moved without it making noise <ref> Sefer Tiltulei [[Shabbat]] (pg 26) in name of Rav Moshe Feinstein, however, Shalmei Yehuda (pg 91) in name of Rav Elyashiv considers this Kli SheMelachto LeIssur </ref>
* wrist watch (mechanical <ref> Mishna Brurah 308:168 writes that mechanical wrist and pocket watches are non-[[Muktzeh]]. Sefer Tiltulei [[Shabbat]] (pg 20 writes that a self-winding watch is also non-[[Muktzeh]]. </ref> or electric <ref>Sefer Tiltulei [[Shabbat]] (pg 20-21) in name of Rav Moshe Feinstein writes that electric wrist watches are non-[[Muktzeh]] and one doesn’t need to cover the buttons unless one feels that one will hit a button. Menuchat Ahava 12:3 holds that one should be strict not to move an electric watch on [[Shabbat]] but the strict law is that it’s permissible. </ref>) as long as it works <ref>Shemirat [[Shabbat]] KeHilchata 28:25 and Rav Elyashiv quoted by Sefer Tiltulei [[Shabbat]] (pg 21) consider non-working watches to be [[Muktzeh]], however, Kaf HaChaim 308:277 quoted by Sefer Tiltulei [[Shabbat]] (pg 21) and Yalkut Yosef (Kitzur S”A 308) write that for a person who would wear the watch as jewelry and wear it even if it wasn’t working, the watch is considered non-[[muktzah]] </ref>

==Items that are entirely excluded from Muktzeh==
===Definition===
# Certain items that Chazal excluded from the laws of [[Muktzeh]] altogether are non-[[Muktzeh]]. <Ref> see further; Tiltulei [[Shabbat]] (pg 19) </ref>
===Rules===
# It’s permissible to move or touch a non-[[Muktzeh]] item even for no purpose at all. <Ref>S”A 308:4 rules that holy books and food may be moved for no purpose at all as they weren’t included in the gezerah of [[Muktzeh]] at all. Tiltulei [[Shabbat]] (pg 18) </ref>
===Examples===
* Food and drinks <ref> S”A 308:4 </ref>
* Food Utensils including dishes, glasses, and silverware <ref> Mishna Brurah 308:23 rules that food utensils may be moved even for no purpose at all even though some authorities hold that food utensils are considered Kli Sh’Melachto LeHeter and not non-[[Muktzeh]]. [Since the language of Mishna Brurah is the utensils that are on the table and used often aren’t [[Muktzeh]] seemingly including serving utensils.] This is also the opinion of Tiltulei [[Shabbat]] (pg 19) (with the language of many authorities versus some authorities). Menuchat Ahava 12:2 rules leniently but adds that it's preferable to be strict. </ref>
* Sefarim (holy books which are permissible to read) <ref> S”A 308:4 writes that Kitvei Kodesh, holy books, are non-[[Muktzeh]]. Kitzur Shulchan Aruch 85:8 agrees. Mishna Brurah 308:22 adds that the Pri Megadim and Eliyah Rabba consider a [[megillah]] in this category even though the Pri Chadash 688:6 considers it [[Muktzeh]] (See Sharei Teshuva 308:2). The Tiltulei [[Shabbat]] (pg 32) also rules leniently. </ref>
* Some authorities permit reading books of wisdom and medicine, so they are not muktze. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 3, Page 31 </ref>

===Further examples===
# Some consider the following to be exceptions to [[muktzeh]] just like the above examples.
* chairs that will be used for sitting <ref> Shalmei Yehuda 6:1 </ref>
* clothing that will be used on [[Shabbat]] <ref> Shalmei Yehuda 4:1 writes that clothing that will be used on [[Shabbat]] is considered non-[[Muktzeh]] according to all, while clothing that won’t be used on [[Shabbat]], some consider it non-[[Muktzeh]] while others consider it Kli Sh’Melachto LeHeter. Shemirat [[Shabbat]] KeHilchata 20:83 rules like the Kesot HaShulchan (Badei HaShulchan 108:7) who holds that clothing are considered non-[[muktzah]] like food. Nachalat Yisrael 1:7 (pg 3), Mechaze Eliyahu 45, and Shevut Yitzchak ([[Muktzah]] pg 85) quoting Rav Elayshiv agree. Yalkut Yosef (vol 2, pg 463) is also lenient regarding clothing. See also Meiri 124b s.v. Kli (quoted by Nachalat Yisrael by 140) who considers clothes as a Kli SheMelacha LeHeter.</ref>
* empty bottles for drinks <ref> Shalmei Yehuda 6:1 </ref>
* keys to the house <ref> Shalmei Yehuda 6:1 </ref>
* serving utensils <ref> Shalmei Yehuda 6:1 writes in the name of Rav Elyashiv and another Talmid Chacham that the exception from the laws of [[Muktzeh]] includes anything that’s always used on [[Shabbat]] such as a chair, a house key, tablecloth, empty bottle, [[Tallit]] bag. If so, certainly serving utensils are also included. </ref>
* tablecloth <ref> Shalmei Yehuda 6:1 </ref>
* [[Tallit]] bag <ref> Shalmei Yehuda 6:1 </ref>

==Sources==
<references/>
[[Category:Shabbat]]
[[Category:Muktzeh]]

Havdalah

2018-12-13T16:31:34Z

Ezralevy: /* Wine or other drinks */

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[[Image:Havdalah.jpg|200px|right]]
Havdalah is the ceremony of separation between every [[Shabbat]] and weekday, [[Yom Tov]] and weekday, or [[Shabbat]] and [[Yom Tov]]. It is recited over a cup of wine, at night, immediately following the end of [[Shabbat]].
==Obligation==

#There's a dispute whether Havdalah is Deoritta or Derabbanan. <ref>Rambam (Hilchot [[Shabbat]] 29:1) writes that the command of "Zachor Et Yom Ha[[Shabbat]]" (Shemot 20:7) includes the positive mitzvahs of [[Kiddish]] and Havdalah every week. Other Rishonim that agree with Rambam include Ravi’ah [[Brachot]] 3:1, Ritvah as quoted by the Nimukei Yosef Pesachim 55, and Sefer Hachinuch Mitvah 31. However, Tosfot (Tosfot Nazir 4a s.v. My Hee in name of Rabbenu Tam) and the Rosh (Sh"t 11:3) hold that Havdalah is Derabbanan. Mishna Brurah 296:1 quotes both opinions and adds that if one said Havdalah in [[Tefillah]] the Havdalah on the wine is certainly Derabbanan.</ref>

===Havdalah for Yom Tov===

#After [[Yom Tov]], which is followed by a regular weekday or a day of [[Chol HaMoed]], one should say Havdalah. However, if a [[Yom Tov]] is followed by a [[Shabbat]], there is no Havdalah. <ref>Mishna Chullin 26b, Gemara [[Shabbat]] 114b, Rambam [[Shabbat]] 5:21 and 29:18, Shulchan Aruch 491:1</ref>
#Havdalah at the end of [[Yom Tov]] only consists of the Bracha of HaMavdil and there is no bracha of [[Besamim]] or Ner. <ref>Shulchan Aruch 491:1, Mishna Brurah 491:1</ref>

===When Motzei Shabbat is a Yom Tov===

#If motzei shabbat is yom tov, one may use the Yom Tov candles for havdalah.<ref>Or Letzion (v. 3, 18:6)</ref>
#It is preferable not to hold the two candles together. <ref>Or Letzion (v. 3, 18:6) based on Biur Halacha 514:2 s.v. veyechabeh</ref>

==Who is Obligated==
===Women===
There's a dispute whether women are obligated in Havdalah.

#Nonetheless, according to Sephardim women may make the it for themselves. <ref>Sh"t Yechave Daat 4:27. Rambam (Hilchot [[Shabbat]] 29:1) writes that the Havdalah is a positive command just like [[Kiddish]]. [[Maggid]] Mishna (Hilchot [[Shabbat]] 29:1) implies from the Rambam that women are obligated in Havdalah just like they are obligated in [[Kiddish]]. [[Maggid]] Mishna suggests that even according to those who argue on the Rambam, women can be obligated if the rabbis instituted Havdalah to be just like [[Kiddish]]. Orchot Chaim (Hilchot Havdalah 18; quoted by Bet Yosef 296:8) writes that because there's a dispute whether women are obligated women shouldn't make Havdalah for themselves. Nonetheless, Shulchan Aruch 296:8 rules as Stam (anonymous opinion) that women are obligated in Havdalah. </ref>
#Some Ashkenazim hold that women should not recite [[Havadalah]] for themselves, while many others say that if a woman can not find someone to hear Havdalah from, she should recite Havdalah for herself. <ref>The Rama 296:8 states that women shouldn't recite Havdalah for themselves. The Bach argues that for Ashkenazim there is an additional reason to permit women to make the bracha considering that Ashkenazim allow one to make a bracha even for Mitzvot that one is not obligated in such as [[lulav]]. Magen Avraham 296:11 agrees. Mishna Brurah 296:35 concludes that a woman should not recite Havdalah for herself unless she can't find someone to hear Havdalah from. In 296:36 he writes that certainly a woman should recite it for herself if she can't find someone else to recite for her, or the only person available to say it for her already fulfilled his obligation. See [http://www.yutorah.org/lectures/lecture.cfm/740210/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Havdalah_for_Women audio shiur] by Rabbi Aryeh Lebowitz.</ref> Some say that a woman can even say the beracha on the fire. <ref>Sh"t Iggerot Moshe CM 2:47:2, Sh"t Tzitz Eliezer 14:43, Sh"t Yechave Daat 4:27 </ref> Others disagree. <ref>Shemirat [[Shabbat]] Kihilchita 58:16 </ref>

===Children===

#Once a child has reached the age of [[Chinuch]] (5 or 6) the parents should train him in hearing havdalah <ref>Yalkut Yosef Dinei [[Chinuch]] Katan pg. 177 </ref>

==Havdalah in Davening==

#See the [[Atta Chonantanu]] page.
#If [[Motzei Shabbat]] is a [[Yom Tov]], in middle of Atta Bechartanu, one should insert VeTodiyanu in place of [[Atta Chonantanu]]. <ref>Shulchan Aruch 491:2, Mishna Brurah 491:4. see [[Atta_Chonantanu#VeTodienu | Vetodienu]] </ref>

==The order of Havdalah==

#The order of the [[Brachot]] of Havdalah is Yayin (Hagefen), [[Besamim]], Ner (Meorei HaEsh), Havdalah (Hamavdil). <ref>Shulchan Aruch 296:1 </ref>
#The custom is to add several pesukim prior to Havdalah for a good sign. For the full Ashkenazic text see [https://docs.google.com/viewer?url=http%3A%2F%2Fimage.aish.com%2Fmisc%2Fhavdallah.pdf here]. For the full Sephardic text see [http://www.daat.ac.il/daat/shabat/zmirot/motsaey-2.htm here]. <ref>*The Ashkenazic custom is to say the following text before Havdalah: הנה אל ישועתי אבטח ולא אפחד כי עזי וזמרת יה יהוה ויהי לי לישועה: ושאבתם מים בששון ממעיני הישועה: ליהוה הישועה על עמך ברכתך סלה: יהוה צבאות עמנו משגב לנו אלהי יעקב סלה: יהוה צבאות אשרי אדם בטח בך: יהוה הושיעה המלך יעננו ביום קראנו: ליהודים היתה אורה ושמחה וששן ויקר, כן תהיה לנו: כוס ישועות אשא ובשם יהוה אקרא:
*The source for the Ashkenazic text is the following: the Rama 296:1 writes that before the Bracha of Havdalah one should say Yishaya 12:2-3, Ester 8:16, Tehillim 116:13. The Aruch HaShulchan 296:8 adds 4 more pesukim after the ones in Yishaya from Tehillim 3:9, 46:8, 84:13, and 20:10. He also adds that after Ester 8:16 one should say 'כן תהיה לנו'.
*The Sephardic custom is to say the following text before Havdalah: כוס ישועות אשא ובשם ה' אקרא: אנא ה' הושיעה נא אנא ה' הצליחה נא: הצליחנו הצליח דרכינו הצליח לימודינו וכו' ושלח ברכה רוחה והצלחה בכל מעשה ידינו כדכתיב ישא ברכה מאת ה' וצדקה מאלהי ישענו: ליהודים היתה אורה ושמחה וששק ויקר: וכתיב ויהי דוד לכל דרכיו משכיל וה' עמו, כן יהיה עמנו תמיד: ונח מצא חן בעיני ה', כן נמצא חן ושכל טוב בעיני אלוקים ואדם: אלהא דמאיר עננו: ואתם הדבקים בה' אלוקיכם חיים כולכם היום:
*The source for the Sephardic text is the following: Yalkut Yosef ([[Shabbat]], vol 1, pg 449-50) writes that the Sephardic minhag is to say the following order before Havdalah: Tehillim 116:13, 118:25, a [[prayer]] beginning with הצליחנו and ending with a Tehillim 24:5, Ester 8:16, Shamuel (vol 1, 18:14), Beresheet 6:8, a [[prayer]] beginning with אלהא דמאיר, and Devarim 4:4.</ref>

==Havdalah recited by the cantor==

#The cantor recites Havdalah in the synagogue on behalf of those who have no wine or who will not recite Havdalah for himself in his home. Whoever wishes to can listen to the cantor's Havdalah in the synagogue and fulfill his obligation, even thought the listener is not holding a cup of wine. It is a widespread minhag ion our times for the cantor to recite Havdalah in synagogue, and there is no need to protest the custom. It should be made clear to the congregation, however, that everyone must recite Havdalah at home on behalf of his family members who have not heard it in the synagogue, even though he himself did hear it. <ref>Yalkut Yosef, Siman 295, Halacha 1 </ref>
#The cantor must sit down when he recites Havdalah in the synagogue, and all those of he congregation who wish to fulfill their obligation by listening to him must sit while he recites it. <ref>Yalkut Yosef, Siman 295, Halacha 2 </ref>
#The opinion of the Geonim is that whoever recites [[Kiddush]] or Havdalah must drink at least melo lugmav of the wine, and if he does not he has not fulfilled his obligation of [[Kiddush]] or of Havdalah . This opinion should be followed in practice, and therefore the person who is chosen to recite Havdalah in the synagogue must be someone who will be able to drink melo lugmav. If the only person capable of reciting Havdalah is someone who cannot drink that much wine, then he should recite Havdalah , taste a sip of the wine, and then give it to another person who can drink melo lugmav. He should inform that person beforehand that he should have in mind when listening to the blessing of boreh peri hagefen that he will drink from the cup afterward.<ref>Yalkut Yosef, Siman 295, Halacha 3 </ref>
#if someone is not sure whether or not he will have wine available for Havdalah, he should listen to the cantor recite Havdalah in the synagogue, but he should stipulate in his mind that he wishes to fulfill his obligation only if he has no wine at home, but that if he does find wine at home he does not wish to fulfill his obligation in the synagogue. Then, if he finds that there is wine available at home, he may recite Havdalah for himself in accordance with the condition he made. <ref>Yalkut Yosef, Siman 295, Halacha 4 </ref>

==Wine or other drinks==
#If one has wine, wine has precedence over any other drink. <ref>Mishan Brurah 296:8</ref> Red wine should be used, but white wine is permissible if only white wine is available. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82 </ref>
#One may use grape juice for Havdalah.<ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 408 writes that grape juice is practically like wine and is thus more preferable than chamar medina; Chazon Ovadia v. 1 p. 99 writes that grape juice is fit for kiddush and havdalah based on the Gemara Bava Batra 97a. He ends that even though it is pasteurized it is still like wine for all intents and purposes since it tastes like non-fermented wine (Shulchan Aruch O.C. 272:3). This is also in Yalkut Yosef 202 fnt. 8. Listen to [https://www.torahanytime.com/#/lectures?v=64191 Rav Yitzchak Yosef (Motzei Shabbat Matot Masei 5778 min 36)] who seems to contradict this as he says that grape juice is unfit for havdalah.</ref>
===If there is no wine or grape juice===
#If one doesn't have wine then one should use Chamar Medina, such as beer or cognac, but one may not use soda, coffee, tea, orange juice, lemonade, or water for Havdalah.<ref>Shulchan Aruch 296:2 writes that one may make Havdalah on beer if it is Chamar Medina or other drinks besides for water. Birkei Yosef 296:3 clarifies that the Shulchan Aruch's language of "or other drinks" didn't mean to include milk and oil, but rather he meant other types of Chamar Medina and exclude water even if the people of the town only drink water. Sh"t Igrot Moshe 2:75 rules that soda is just like water, isn't Chamar Medina, and thus, can not be used for Havdalah. Sh"t Vayan Avraham (Izrael) Siman 34 (pg 63) writes that he remembers in the holocaust the question arose whether lemonade could be used for Havdalah and he concludes that it just like water and can’t be used for Havdalah. Yalkut Yosef 296:8 writes that one may not use coffee, tea, orange juice, or soda for Havdalah, but one if there's no wine in the city, one may use beer or cognac which are considered Chamar Medina; Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 408 specifies that coffee, tea, milk, and fruit juice are not considered chamar medina, and therefore one may not make havdalah with them.</ref>

==Besamim==
see [[Besamim]]

#The Ashkenaz minhag is to make Boreh Minei Besamim (בורא מיני בשמים) which is the general Bracha for nice smells at Havdalah no matter what’s being used for besamim. However, according to Sephardim, one should make the appropriate Bracha for that besamim. <ref>Mishna Brurah 297:1, Vezot HaBracha (pg 181, chapter 19) </ref>

==Fire==

#A person needs to be able to benefit from the fire in order to recite the bracha over it. Therefore, some turn off the electric lights when making Havdalah, but others hold that the strict halacha doesn't require turning off the lights.<ref>[https://www.torahanytime.com/#/lectures?v=64191 Rav Yitzchak Yosef (Motzei Shabbat Matot Masei 5778 min 49)] said that the strict halacha doesn't require a person to turn off the electric lights since if all that is required is that if the lights were to be off it would be possible to benefit from the candle and see the difference between coins which is possible from a distance.</ref>
#Some poskim allow one to use an electric light in place of a Havdala candle in a time of need.<ref>Shaarim Metzuyanim Behalachah 96:6, Az Nidberu 8:2, Rivevot Ephraim 3:599. see also Mishpitei Uziel OC 1:9 </ref> In fact, it is reported that Rabbi Chaim Ozer Grodzinsky would always use an electric bulb for Havdala in order to demonstrate how strongly he felt that electricity is to be treated exactly like fire from the perspective of halacha.<ref>Shaarim Metzuyanim Behalachah 96:6. Sh"t Nachalat Shimon 15 says this was the practice of Rav Chaim Soloveitchik </ref>
#Nevertheless, there are those authorities who discourage the use of an electric light for Havdala. Among their opposition to is the fact that the blessing recited upon the Havdala candle includes the word "fire" which seems to imply the need for actual fire, not merely light. As such a light bulb would not be acceptable according to this view.<ref>Har Tzvi 2:114, Sh"t Yechave Daat 2:39, Maharshag 2:107, Kitzur S"A of Rabbi Raphael Baruch Toledano pg. 323 </ref> Even among the authorities who permit the use of electric lighting when needed many would disqualify the use of fluorescent bulbs as they work differently than standard light bulbs. <ref>Hachashmal L’or Hahalacha 3:88 </ref>

==Saying Havdalah Early==

#If one is has an extreme need such as a need to travel to the end of the [[Techum]] for the purpose of a mitzvah after [[Shabbat]] one may pray [[Arvit]] starting from Plag [[Mincha]] (ten and three quarter hours into the day). In such a case one may also say Havdalah early but one may not say the Bracha on the candle (Meorei HaEsh). Even in such a case it is certainly forbidden to do Melacha (activity which is forbidden on [[Shabbat]]) until [[Tzet HaKochavim]]. <ref>Shulchan Aruch O.C. 293:3 </ref>

==Until When Can One Say Havdalah?==

#If one forgot to say Havdalah on Motzei Shabbat one can say it until Tuesday.<ref>Shulchan Aruch and Rama O.C. 299:6. Even though Rav Ovadia in Yabia Omer 6:48:13 was concerned about Safek Brachot and wrote that one couldn't say it after Sunday in Yabia Omer 7:47 he retracted and followed Shulchan Aruch since the machloket is about the Mitzvah and not the bracha. Yalkut Yosef 299:7 writes that one who recites the bracha past Sunday isn't scorned, however, on the [https://www.torahanytime.com/#/lectures?v=64191 Motzei Shabbat (Matot Masei 5778 min 44-47)] shiur he seemed to support the last ruling of Rav Ovadia.</ref>

==Standing or Sitting for Havdalah==

#According to Sephardim, one should sit during Havdalah. However, the Ashkenazic minhag is to stand during [[Havadalah]]. <ref>Tosfot 43a writes that to be included in [[Kiddish]] one should sit and then asks on those who stand during [[Havadalah]] because of the same issue. Therefore, Shulchan Aruch 296:6 rules that one should sit during Havdalah. However, Rama 296:6 and the Gra (Maaseh Rav pg 103, #150) write that the Ashkenazic practice is to stand for Havdalah. Mishna Brurah 296:27 explains that the reason for the Ashkenazic minhag is to escort the [[Shabbat]] queen out and escorting must be done standing. He adds that one can fulfill the obligation of others even when standing because everyone is assembled expressed for that purpose and has Kavana to fulfill their obligation. Rav Moshe Feinstein (Teshuva Siman 3 quoted in back of Radiance of [[Shabbos]]) writes that his personal minhag was to sit like his father's minhag but because of the rishonim who hold that one may stand one should not change one's minhag. </ref>

==Doing Work before making Havdalah==

#Before one says Havdalah, one may not doing any Melacha. If one made Havdalah in [[Tefillah]], one may do Melacha. If one needs to do Melacha before saying Havdalah in [[Tefillah]], one should say "HaMavdil Ben Kodesh LeChol" (which is not a bracha) and then do Melacha. <ref>Shulchan Aruch 299:10. Rav Schachter (Eretz HaTzvi p. 57) permits preparing the wine for Havdalah because [[Hachana]] isn’t considered a Melacha and may be done after [[Shabbat]] before Havdalah. </ref>However, one may not eat until one made Havdalah over a cup of wine.<ref>Mishna Brurah 299:1</ref>
#It is permissible to use a non-religious Jewish taxi driver on [[Motzei Shabbat]] even though the taxi-driver didn't make Havdalah.<ref>Sh"t Tzitz Eliezer 12:37 writes that saying "Have a good week" does not fulfill the mitzvah of Havdalah. Sh"t Tzitz Eliezer 11:34 and 12:38 writes that there's no an issue of asking an non-religious Jew to do work for him after [[Shabbat]] since they aren't going to say Havdalah anyway, the prohibition not to do work before Havdalah doesn't set in. [http://www.dailyhalacha.com/displayRead.asp?readID=308 Rabbi Mansour on dailyhalacha.com] explains this ruling. See also [http://www.yutorah.org/lectures/lecture.cfm/735734/Rabbi_Aryeh_Lebowitz/Taking_a_Taxi_in_Israel_on_Motzai_Shabbos Rabbi Aryeh Lebowitz on yutorah.org].</ref>

==Links==

*[http://www.yutorah.org/lectures/lecture.cfm/839837/rabbi-shay-schachter/understanding-havdalah-on-motzai-shabbos/ Understanding Havdalah on Motzai Shabbos by Rabbi Shay Schachter]
*[http://www.yutorah.org/lectures/lecture.cfm/813392/rabbi-hershel-schachter/havdalah/ Havdalah] by Rabbi Hershel Schachter

==Sources==
<references />
[[Category:Prayer]]
[[Category:Shabbat]]

Kiddush

2018-12-13T16:22:03Z

Ezralevy: /* What to use for Kiddush? */

{{Good}}
[[Image:Kiddush Cup.JPG|200px|right]]
Before eating on [[Shabbat]] or [[Yom Tov]], both during the nighttime and daytime, '''Kiddush''' is recited over a cup of wine (preferably). The relevant halachot are detailed below:
==Obligation==
# The mitzvah of Kiddush is a Biblical commandment alluded to in the Ten Commandments. The Torah says, "זכור את יום השבת לקדשו" meaning "remember [[Shabbat]] to sanctify it," and one fulfills it by saying the text of [[Kiddish]] on Friday night. <ref> Rambam Sefer Hamitzvot Aseh 155, [[Chinuch]] 31, Smag Aseh 29, Sefer Hamitzvot of Rav Saadia Gaon Aseh 33 all count the mitzva to sanctify the [[shabbat]] with words based on this pasuk.
* Rambam (Hilchot [[Shabbat]] 29:1) writes that there is a positive biblical commandment to remember [[Shabbat]] based on the pasuk "זכור את יום השבת לקדשו" (Shemot 20:7). In 29:4, he writes that the primary time for the mitzvah is Friday night. Kitzur Shulchan Aruch 77:1 rules like the opinion of the Rambam. [However, it seems that Tosfot (Nazir 4a s.v. My Hee; first opinion) holds that the mitzvah of [[Kiddish]] is Derabbanan and the pasuk of Zachor is only an asmachta]. Tosafot Pesachim 106a “zochrayhu” states two opinions: 1) the cup of wine is diRabanan; 2) the cup of wine is diorayta, but the drinking is dirabanan. </ref> Many authorities consider Kiddush of [[Yom Tov]] to be Derabbanan, yet it shares all the same halachas of Kiddush of [[Shabbat]]. <Ref>Mishna Brurah 271:2, Nitei Gavriel ([[Yom Tov]] vol 2, 29:1)</ref>In addition, Chazal instituted that [[Kiddish]] be made over a cup of wine. <ref> Pesachim 106a states that the [[Kiddish]] is supposed to be said over a cup of wine. Tosfot (s.v. Zochrayhu; first opinion) and Rambam (Hilchot [[Shabbat]] 29:6) write that saying [[Kiddish]] over the cup of wine is Derabbanan. Tosfot's second opinion holds saying [[Kiddish]] over a cup of wine is Deoraittah, but drinking it is Derabbanan. </ref>
# Some authorities hold that the Biblical obligation is discharged with the [[prayer]] in Shul and that the [[Kiddish]] at home is entirely Derabbanan. <ref> Magen Avraham 271:1 writes that since the Rambam and Tosfot hold that the Deorittah part of [[Kiddish]] is that it is stated orally, one should be able to fulfill this obligation with one's [[Maariv]] [[prayer]] in Shul. This is quoted as halacha by the Bear Hetiev 271:2. However, there is a great discussion in the achronim and many argue on the Magen Avraham (Mishna Brurah 271:2 (based on the Tosfet [[Shabbat]] 271:3) argues that since one doesn't have intention to fulfill the obligation of Zachor, the [[prayer]] in shul doesn't fulfill the obligation of [[Kiddish]]). There is a dispute whether a women's lighting [[Shabbat]] candles can fulfill [[Kiddish]] Deoritta, Sh"t Mishneh Halachot 7:37 holding that it can fulfill the Deoritta obligation, while Sh"t Az Nidabru 12:1 strongly disagrees. </ref>
==Amount to Drink==
# The [[Kiddush]] cup itself must contain the volume of at least a reviis of one in order to be valid. The amount of a reviis is open to dispute. According to Rav Chaim Naeh, 3.2 fluid ounces is sufficient. According to Rav Moshe Feinstein, on Friday night one needs 4.42. During the day, Rav Moshe requires only 3.3 fluid ounces. <ref>Haggadat Kol Dodi, Mishna Brurah 183:9, Shaar HaTziyun 183:14</ref>
# In order to fulfill this obligation, one should drink most of a cup that contains at least a [[reviit]]. Some say one should only drink a Melo Lugmav (a cheekful) and some say one should preferably drink a [[Revi'it]].<ref>
* What is the minimum amount of wine one should drink for [[Kiddish]]? Shulchan Aruch 271:13 writes that for kiddush one must drink a Melo Lugmav, which is a cheekful and is the equivalent of the majority of a [[Revi'it]]. Kitzur Shulchan Aruch 77:9 agrees. Kaf HaChaim 271:83 and Or Letzion (vol 2, 20:22) write that it's preferable to drink a complete [[Reviyit]]. On the other hand, Beiur Halacha 174:6 s.v. VeChen writes that since there's a dispute whether the [[Birkat HaMazon]] will exempt the [[Bracha Achrona]] of the wine, one should preferably drink only a Melo Lugmav and not a [[Reviyit]]. Then he ends off by referencing the Shulchan Aruch's ruling in 190:3 and says that one should have intent that the [[Birkat HaMazon]] will exempt the wine before the meal. Yalkut Yosef ([[Shabbat]] vol 1, p 274) simply writes that one must drink a Melo Lugav and doesn't say it's preferable to drink a [[Reviyit]].
* See also Shulchan Aruch 190:3 who writes that because there is a dispute whether one is obligated to make a [[Bracha Achrona]] for a [[Kezayit]] or a [[Reviyit]] of wine, one shouldn't enter into that dispute and for a Kos Shel Bracha, when one needs to drink more than a Melo Lugmav, one's only option is to drink more than a [[Reviyit]]. Kaf HaChaim 271:84 quotes the Pri Megadim who explains that this doesn't apply to Kiddush before a meal since the [[Birkat HaMazon]] exempts the wine from a [[Bracha Achrona]].
* Mishna Brurah 272:30 rules that the obligation to have most of a [[Revi'it]] applies regardless of which drink you use for kiddush. Rav Tzvi [[Pesach]] Frank in Har Tzvi 1:159, however, says that since the Taz (210:1) holds that one would be obligated to say a beracha acharona on less than a [[Revi'it]] of liquor because less than that already is considered to be significant enough for a beracha acharona, the same would apply for how much you need to drink for [[kiddish]]. In regards to [[Bracha Achrona]], Mishna Brurah 190:14 based on the Magen Avraham 190 also writes that there's no difference between wine and other drinks in opposition to the Taz's opinion in that regard as well. </ref>
# For [[Kiddish]], the [[Revi'it]] should be considered to be 4.4oz. <ref>Haggadah Kol Dodi (Rabbi Dovid Feinstein, 5730, pg 4) writes that the [[Revi'it]] for kiddush on [[Shabbat]] (using the method of measuring finger-widths) should be 4.42 oz.</ref>

==Kiddish in Shul==
# In the days of the gemara, the Rabbis instituted saying [[Kiddish]] in shul for the travelers who would eat and drink in the Shul. Nowadays, when guests don't eat their meals in shul, some say that its proper not to say Kiddush in shul, while others uphold this minhag to say Kiddush in shul on Friday night. <ref>The Gemara Pesachim 100b discusses the custom to recite kiddush on Friday night in shul. The Tur 269 writes that saying Kiddush in shul was only established in order to fulfill the obligation of Kiddush for the guests who would eat their meal in shul. He says that nowadays that guests don't eat their meal in shul one shouldn't say Kiddush in shul. The Beit Yosef 269 quotes the Rabbenu Yonah, Ran, and Rashba who defend this practice of saying Kiddush in shul even if guests don't even their meal in shul. Additionally, the Rambam (Sh"t Harambam 37) writes that this minhag shouldn't be discontinued because all establishments that the rabbis made must remain even if the reason no longer applies. Rashba responsa 1:37 and Maharam Chalavah Pesachim 101a agree. Nonetheless, the Bet Yosef writes that the more proper minhag is not to say Kiddush in Shul. Shulchan Aruch 269:1 rules that some have this practice to say Kiddush in shul, but its better not to. Mishna Brurah 269:5 writes that the common minhag is to say Kiddush in shul and one shouldn't uproot it. Yalkut Yosef 269:2 writes that if there are some in shul who will not say Kiddush at their homes at all, it is not just justified but even encouraged to say Kiddush in shul, but otherwise a shul who doesn't yet have that and doesn't yet have an established minhag, shouldn't say the kiddush in shul. He continues that whatever shul already has the minhag to say it, they should not be stopped because this minhag has its basis.
* Sh"t Yachin Uboaz 118 writes that that the Rashbetz wouldn't answer [[amen]] to the kiddush in shul because of the safek beracha livatala.</ref>
# This minhag applies to [[Shabbat]] and [[Yom Tov]] except for the first day of [[Yom Tov]] of [[Pesach]] (and second in Chutz LaAretz). <ref>Mishna Brurah 269:5, BeYitchak Yikare adds second day in chutz la'aretz </ref>
# The one making [[Kiddish]] in shul shouldn't drink from the wine but rather give it to children to drink. Some say that the children should be below the age of [[chinuch]] (6 or 7) while others say that it's better to give it a child above that age. If it is not possible to find a child to drink the wine, an adult should drink it but should make sure to drink a [[Reviyit]] or more, say a [[Bracha Achrona]], and have intent to fulfill the mitzvah of [[kiddish]]. <Ref>Shulchan Aruch 269, Mishna Brurah 269:1, Yalkut Yosef 269:2. The Magen Avraham 269:1 explains that it is permitted to have the child drink the kiddush wine even though his meal isn't there and it is like eating before kiddush. He explains it is permitted for a child to eat before kiddush for several reasons: 1) Since eating before kiddush is a prohibition implied from a mitzvah it isn't an issue of feeding something forbidden to children. (Yalkut Mefarshim on Ran Yoma 3a agrees.) 2) Since the prohibition is only related to time and not intrinsic to the food it is permitted to feed to children. (Meor Yisrael Ymoa 78b agrees.) 3) According to the Geonim it is permitted to just have the cup of kiddush without the meal there and for children that is sufficient to rely upon. 4) According to the Rashba and Ran it is permitted to feed a child a rabbinic prohibition. </ref>
# The minhag is to stand for [[kiddish]] in shul. <ref> Rama 269:1 </ref>

==Kiddish at night==
# On Friday night, one should hurry home after shul to bring in the [[Shabbat]] and not taryy in conversation at shul. <ref> Yalkut Yosef [[Shabbat]] 1 271:1 </ref>
# Kiddush at night is considered greater than the Kiddush of the day.<ref> The Ran on Gemarah Pesachim 106a says that the [[Kiddish]] of the night is Deoritta while that of the day is Derabbanan. </ref> Therefore, if one has two bottles of wine the better bottle should be used for Kiddush at night. (However, the day is considered greater in general and should have the better selection by everything else). <ref> Gemarah Pesachim (105a)</ref>
# The text of [[Kiddish]] includes Yom HaShishi, which are pesukim describing [[Shabbat]], and two [[Brachot]], Borei Peri HaGafen, and Mekadesh Ha[[Shabbat]]. <ref> Rambam (Hilchot [[Shabbat]] 29:7) writes that the order of [[Kiddish]] is Vayichulu (which are pesukim said based on Minhag), the Borei Pri Hagefen and then Mikdash Ha[[Shabbat]] (the text of which can be found in Rambam 29:2). </ref>
# When reciting [[Kiddush]] on Friday night, we say the words "ויהי ערב ויהי בקר" - "Vayihi erev vayihi boker" quietly before saying "יום הששי" Yom Hashishi. While we generally avoid reciting Pesukim in ways which differ from their presentation in the Torah<ref>Tanit 27b, [[Megillah]] 22a. "כל פסוקא דלא פסקיה משה אנן לא פסקינן".</ref>, nonetheless we only say the second part, and don't say the first part of the Pasuk quietly because Chazal understand the words "טוב מאד" as a reference to death. However, there is debate whether one is allowed to say only part of a Pasuk so some are careful to add the rest of the Pasuk ''Vayar Elokim Et Kol Asher Asa Vehini Tov Meod, Veyihi Erev Vayihi Boker Yom Hashishi''.<ref>Rama 271:10, Levush 271:10, Aruch HaShulchan 271:25, Chatom Sofer OC 10. Chatom Sofer OC 1:51 explains the minhag is based on the fact that we want to mention yom hashishi before vayichulu hashamayim since there’s an acrostic of Hashem’s name of the first letter of each of those four words. But since we don’t want to mention only two words from a pasuk since it is meaningless we include a whole phrase. However, we don’t want to say the whole pasuk since the midrash says that there’s a reference to death in the beginning of the pasuk. [http://www.havabooks.co.il/sms.asp?cat=6 Rav Aviner] Nefesh Harav (p. 159) quotes Rav Soloveitchik as having the practice to say the beginning part of the pasuk quietly to himself. He also cites this as the practice of the Steipler (Orchot Rabbenu v. 1 p. 109).</ref>

==Kiddish of the day==
# The text of [[Kiddish]] during the day is just Borei Pri Hagefen. <ref> The Gemara Pesachim 106a states that the primary [[Kiddish]] is at night, but there's also a [[Kiddish]] of the day. Even though it seems to be Deorittah as the gemara learns it from a pasuk, the Rishonim agree that the pasuk is only an asmachta (Ravad and Magid Mishna (Hilchot [[Shabbat]] 29:10), quoted by Bear Heitiv 289:2) and the obligation of [[Kiddish]] during the day is only Rabbinic. The gemara concludes that the text of such a [[Kiddish]] is just Borei Pri [[HaGefen]]. Rambam (Hilchot [[Shabbat]] 29:10) and Shulchan Aruch 289:1 rule this as halacha. </ref> However, many have the minhag to say Pesukim before saying the Bracha. Some say two paragraphs<ref> Siddur </ref>, "Veshamaroo" and "Zachor" and others have the minhag to add another paragraph before these starting with "Im tashiv Mishabbos Raglecha" which are the Pesukim in Yeshaya which inlude the Pasuk from which the obligation of making Kiddush is derived. Many skip to the last sentence of "Zachor" starting with "Al cen berach" before saying the bracha on the wine.
# It's forbidden to taste anything before [[Kiddish]]. <ref> Rambam (Hilchot [[Shabbat]] 29:10) and Shulchan Aruch 289:1 rule that since there's an obligation to make [[Kiddish]] it's forbidden to eat anything before [[Kiddish]] just like the [[Kiddish]] of Friday night. </ref>
# If one is thirsty it is permissible to drink water before [[Shacharit]] on [[Shabbat]] day since the obligation of [[Kiddish]] doesn't apply until one prayed. <ref> Tur writes in the name of his father, the Rosh, and Shulchan Aruch 289:1 </ref>
# Someone who is sick and needs to eat before davening on Shabbat, according to Ashkenazim should recite Kiddush beforehand unless one doesn't eat a kezayit of mezonot within a kdei achilat pras,<ref>Mishna Brurah (Biur Halacha 289:1 s.v. chovat) and Igrot Moshe OC 2:26:2 write that someone who is sick and needs to eat before davening on Shabbat should make kiddush unless he doesn't need to eat pat haba bekisnin. Piskei Teshuvot 289:8 note 63 writes that the best option is for the sick person not to have a kezayit of pat haba bekisnin within a kedi achilat pras which wouldn't obligate kiddush.</ref> while according to Sephardim it isn't necessary.<Ref>Yabia Omer OC 8:31 and Or Letzion 2:20:14 write that someone who is sick and needs to eat before davening on Shabbat does not need to make kiddush. See also Kaf Hachaim 276:28 who is lenient in extenuating circumstances. See Chazon Ovadia (Shabbat v. 2 p. 149) where Rav Ovadia recommends that a sick person who needs to eat bread or pat haba bekisnin before davening should recite kiddush.</ref>

==Pouring Off==
# A person shouldn’t pour off to the other cups between the kiddush and drinking. If he is sick and worried about others drinking from his cup he can pour off but should make sure to leave a reviyit in the cup when he drinks.<ref>
* Piskei Teshuvot 271:32 quotes the Mishnat Yosef 4:35 who says that initially one shouldn't pour off before drinking because one should drink from a cup with a reviyit and also so that it shouldn't look like a disgrace to the mitzvah (bizuy mitzvah, see Mishna Brurah 296:4 and Eliya Rabba 271:23). However, if he’s sick he can pour off some and then drink from the cup which still has a reviyit. [https://www.yutorah.org/sidebar/lecture.cfm/898548/rabbi-hershel-schachter/berachos-92-47a-kiddusha-rabba-ii-bracha-al-hakos-ad-sheyitom-hamevarech-answering-amen/ Rav Hershel Schachter (Brachot Shiur 92 min 44)] agreed that one shouldn’t pour off so much that there’s not a reviyit left before you drink. He holds like the Magen Avraham as will be explained.
* Should the cup one drinks from have a reviyit? Tosfot Pesachim 105b s.v. shema writes that one must drink from a cup that has a reviyit and not pour off some of the cup into another cup and drink. Agudah Pesachim 10:84 and Ritva Pesachim 105b s.v. shema agree. Magen Avraham 271:24 rules like Tosfot. Mishna Brurah 271:51 agrees. Shulchan Aruch 271:11 seems not to hold like Tosfot but see Eliya Rabba 271:23 who defends Shulchan Aruch but also accepts Tosfot. Korban Netanel Pesachim 10:200 writes that in fact the Rosh, Rabbenu Yerucham, and Shulchan Aruch disagree with Tosfot and you don’t have to drink from a cup with a reviyit. Netiv Chaim 271:11 agrees. Rabbi Akiva Eiger Pesachim 105b discusses whether the proof of the Korban Netanel is conclusive.</ref>
# The one reciting kiddush doesn't have to pour off into their cups unless their cups are invalid for kiddush as they drank from them already. In such a case the one reciting kiddush can pour off from his cup into the others so that they are considered valid for kiddush.<ref>Tosfot Pesachim 106a s.v. gachin, Tosfot Brachot 47a s.v. ein, Rosh Pesachim 10:16, Rosh Brachot 7:15, Shulchan Aruch OC 271:17</ref>
==Listening to Kiddush==
# Those who are listening to the kiddush shouldn't drink until the making the kiddush drinks.<ref>Gemara Brachot 47a</ref> However, if they each have their own cup they may drink without waiting.<ref>Yerushalmi Brachot 6:1, Tosfot Brachot 47a s.v. ein, Tosfot Pesachim 106a s.v. gachin, Rashba Brachot 47a s.v. amar, Maharam Chalavah Pesachim 106a s.v. chazyey, Shulchan Aruch 271:16</ref>
# Those listening don't need to drink a melo lugmav and any amount is sufficient.<ref>The Levush 271:14 writes that those listening should drink a melo lugmav. However, the Maggid Mishna Shabbat 29:7 writes that those listening only need to drink a bit and not melo lugmav. The Taz 271:17, Eliya Rabba 271:29, and Mishna Brurah 271:71 follow the Maggid Mishna.</ref>
# Those listening to kiddush don't have to drink to fulfill their obligation but it is a mitzvah for them to drink.<ref>
Eruvin 40b and Pesachim 108b imply that only the one drinking needs to drink and no one else but Pesachim 106a and perhaps 108b imply that everyone listening should drink. The Rosh Pesachim 10:16 writes that although each person listening to kiddush doesn't need to drink wine to fulfill his obligation, there is nonetheless an added mitzvah to do so. Maharam Chalavah Pesachim 101a holds those listening don't need to drink. Tosfot Pesachim 99b s.v. lo originally assumes that those listening to the kiddush don't need to drink but afterwards questions that assumption. The Rambam Shabbat 29:7 implies that there is an obligation for everyone to drink. Maggid Mishna 29:7 just adds that those listening don't need to drink a melo lugmav. Shulchan Aruch OC 271:14 rules like the Rosh that as long as the one reciting kiddush drinks that is sufficient for everyone to fulfill their obligation but it is a mitzvah for them to drink. Mishna Brurah 271:83 agrees.</ref> They don't need their own cup and may drink from the cup of kiddush.<ref>Shulchan Aruch 271:14</ref> It isn't considered invalid for kiddush after the one reciting the kiddush drank and then they drink.<ref>Shaar Hatziyun 271:89 explains that even though if those listening had their own cup they should ensure that the cup should be valid for kiddush and not drunk from beforehand, however, if they are drinking from the kiddush cup after the one who recited kiddush drank it isn't considered invalid as their drinking is considered part of the original drinking of the one who recited kiddush.</ref>
# If those listening want to have their own cup to fulfill this added mitzvah to drink wine after kiddush they may do so. If they do so they should have a cup that is valid for kiddush and we view it as though they are all reciting their own kiddush over their cup of wine.<ref>Rosh Pesachim 10:16 writes that the wine in each person's cup has to be fixed and not drunk from beforehand in order for them to use it for drinking at kiddush even though they aren't reciting the kiddush. He explains that since they are listening to kiddush and going to drink wine from their own cup it is considered as though they are reciting their own kiddush over their own cup. If so that cup should be valid for kiddush. Tosfot Pesachim 106a s.v. hava, Tosfot Brachot 47a s.v. ein, Rashba Brachot 47a s.v. amar, Tur 182:4, and Ohel Moed 6:6 cited by Bet Yosef 182:2 agree. The Shulchan Aruch OC 271:17 accepts the Rosh.
* The Tiferet Shmuel on Rosh Pesachim 10:15:10 seems to have another understanding of the Rosh in which he assumes that those who are listening to the kiddush and have their own cups don't need their cups to be valid for kiddush and may be drunk from beforehand (like the Raah). However, the Divrei Chamudot Pesachim 10:15:36 understood the Rosh as above.</ref> Some disagree.<ref>The Raah cited by Bet Yosef 182:4 writes that those listening don't have to have valid cups for kiddush. The Shulchan Aruch 182:4 cites that opinion as a minority view.</ref>
# Some say that for kiddush by day those listening to kiddush must drink from the kiddush cup.<ref>
[https://www.yutorah.org/sidebar/lecture.cfm/856129/rabbi-hershel-schachter/inyonei-sefiras-haomer-nowadays-women-before-kiddush-beit-din-bein-hashmashos-shomea-keoneh/ Rav Schachter Inyonei Sefirat Haomer 5776 towards the very end] quoted the Torah Temimah, Netsiv, and Rav Velve Soloveitchik that one doesn’t fulfill one’s obligation if one doesn’t drink wine at the kiddush of the day specifically since it really is only a birchat hanehenin and not a bracha of a mitzvah. However, in [https://www.yutorah.org/sidebar/lecture.cfm/898548/rabbi-hershel-schachter/berachos-92-47a-kiddusha-rabba-ii-bracha-al-hakos-ad-sheyitom-hamevarech-answering-amen/ Brachot Shiur 92 (min 23)] he quoted that Rav Chaim was upset with this chiddush of the Netsiv and not everyone has to drink at the daytime kiddush. Teshuvot Vehanhagot 3:243 cites this dispute between the Brisker Rav and Rav Chaim.</ref>

==Eating before Mussaf==
# <div id="eatingbeforemussaf"></div> Once the time for [[Mussaf]] (from [[Olot HaShachar]]) it’s forbidden to eat a meal (more than a [[KeBaytzah]] of bread) before praying [[Mussaf]], however, it’s permissible to have a [[KeBaytzah]] of bread or a lot of fruit. <Ref>The Gemara [[Brachot]] 28b writes that the halacha doesn’t follow Rav Huna who says that it’s forbidden to taste any food before praying [[Mussaf]]. The Tur 286:3 writes that even though we don’t hold like Rav Huna we only permit have a snack but a meal is forbidden. The Bet Yosef quotes the Raavad, Rashba, and perhaps the Rabbenu Yerucham who agree. S”A 286:3 writes that it’s forbidden to eat a meal before praying [[Mussaf]] but it’s permissible to have a snack. The Magen Avraham 286:2 writes that the snack is the same as before [[Mincha]] where S”A 232:3 writes that one may have a [[KeBaytzah]] of bread and a lot of fruit but not more. Kitzur Shulchan Aruch 77:15 agrees. See Rav Mordechai Eliyahu's comment on Kitzur Shulchan Aruch 77:15 where he writes that we only rely on this in situations of pressing need.</ref>
# The custom is to be lenient to permit eating even more than a Kabaytzah of baked [[Mezonot]] (cakes and cookies) before [[Mussaf]] after having made [[Kiddish]]. <Ref>Shaar HaTziyun 286:7 writes that the measure for a meal before [[mussaf]] in regards to baked [[mezonot]] is the same as by [[Sukkah]]. Mishna Brurah 639:15-6 (regarding [[Sukkah]]) quotes some who say that if one establishes a meal out of the [[Pas HaBah Bekisnin]] certainly it requires a [[Sukkah]]. However, if one didn’t have it as a meal if one had more than a [[KeBaytzah]] then there’s a dispute whether one needs a [[Sukkah]] and if one eats less than a [[KeBaytzah]] then certainly it doesn’t require a [[Sukkah]]. Nonetheless, Halichot Shlomo ([[Tefillah]] 14:9, pg 179-80) writes that the minhag is to lenient to have even more than a Kabaytzah of baked [[mezonot]]. </ref>
# If one does eat before [[Mussaf]] one must first do [[Kiddish]] and have a [[Revi'it]] of wine or eat a [[Kezayit]] of baked [[mezonot]] (cakes and cookies) in order to fulfill [[Kiddish]]. <Ref>Magen Avraham 286:1, Beiur Halacha 286:3 s.v. Achilat, Mishna Brurah 286:7, Shemirat [[Shabbat]] KeHilchata 52:17</ref>

==The Cup for Kiddish==
# Some authorities say that one may not use a plastic or paper cup for [[Kiddish]], however, many authorities permit but agree that it's preferable to use a real cup. <ref> Sh"t Igrot Moshe O"C 3:39 forbids using a plastic or paper cup as they aren't considered a nice cup and it's worse off than a broken cup (which is forbidden by Shulchan Aruch 183:3. Mishna Brurah 183:11 says that even if it is just the base that is cracked one should still be strict.) The Radiance of [[Shabbos]] (page 44) points out that this doesn't depend on the quality of the plastic at all. [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 min 25-30)] agrees with Rav Moshe.
* However, Sh"t Tzitz Eliezer 12:23 differentiates between a cup that would be used for hot liquids and could be reused and one that's ruined after it's first use. Even if one personally doesn't reuse it, it is still considered a kli. This is true for kiddush, [[havdala]], and [[netilat yadayim]]. Sh"t Beer Moshe 5:55 on the other hand, only allows cup that are commonly reused and therefore only permits plastic cups and not paper cups, or small shot glasses because those are rarely reused.
* Sh"t Az Nidabru 6:49 is the most lenient allowing any disposal cup, however, it's still preferable to use a better cup as a hidur mitzvah. Shevut Yitzchak (vol 1, 4:5, pg 48) in name of Rav Elyashiv and Chazon Ovadyah ([[Shabbat]] vol 2 p. 56) concur with the lenient opinion. See further: [http://www.yutorah.org/lectures/lecture.cfm/727120/Rabbi_Aryeh_Lebowitz/kiddush_with_disposable_cups Rabbi Aryeh Lebowitz on yutorah.org]. Although many poskim, say that using two plastic cups doesn't help at all, see [http://www.yeshiva.org.il/ask/?id=62394 Rav Dov Lior] for the explanation of that practice, though he writes that he doesn't necessarily think that it helps the issue. </ref> After the fact one fulfilled one's obligation even if one holds one shouldn't use a disposable cup.<ref> Mishna Brurah 183:10 writes that the entire concept of having a cup for kiddush that is complete is important initially but after the fact isn't critical and one fulfills one's obligation. Therefore, [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 min 25-30)] explained that Rav Moshe who invalidated a disposable cup for kiddush because it is like it is already broken would agree that after the fact one fulfilled one's obligation.
* Rashba 51a s.v. ha writes that if a person doesn’t have one of the four major rules of a kos shel bracha a person doesn’t fulfill their obligation, the others are enhancements initially. Meiri 51a s.v. asara quote some who said that they are all only critical initially. Mishna Brurah 183:10 implies that we follow the Meiri. Maaseh Rav n. 86 follows the Rashba that it would prevent fulfilling one's obligation.</ref>
# The cup of [[Kiddish]] should be rinsed out before being used if it isn't already clean. <ref> The Gemara Brachot 51a establishes that the kos shel bracha should be cleaned on the inside and outside before it is used. Shulchan Aruch OC 183:1 codifies this gemara but adds that it is only necessary if the cup is dirty but if it is clean it doesn't need to be cleaned out. Chaye Adam ([[Shabbat]] 6:13) agrees. Mishna Brurah 183:3 writes that it is proper to clean it out unless it is completely clean. </ref> According to Kabbalah one should still clean out the cup in the inside and outside even if it is clean.<ref>Kaf Hachaim 183:4</ref>
# Some say it is a nice practice to surround the kiddush cup with six small cups of wine. The minhag isn't concerned for this opinion.<ref>Gra in Maaseh Rav n. 174 states that it is nice to have six small cups surrounding the main kiddush cup. His reason is that this is the practice of Itur of the Gemara Brachot 51a and even though the gemara says we don't have that practice the gemara only meant that it isn't critical but it is still a nice practice. Kaf Hachaim 183:3 writes that it isn't our practice since we try to follow the other explanation of Itur is having talmidei chachamim around the table, which isn't always possible but when it is that's the main method to add significance to the kiddush. </ref>
# The kiddush cup should be full.<ref>Gemara Brachot 51a, Shulchan Aruch OC 183:2</ref> If a person is afraid of spilling it is sufficient that it is almost full such as leaving it a quarter of an inch below the top.<ref>Taz 183:4 writes that the practice of not filling up the cup to the very top is because of a concern that it will spill and make a mess. Kaf Hachaim 183:13 adds to the Taz that it isn't considered not full if it is almost full. Similarly, Rabbenu Yonah 37b s.v. al writes that even if the cup isn't completely full it is considered full for a kos shel bracha. [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 beginning)] quoting Rav Shlomo Zalman Auerbach</ref>

==Eating before Kiddish==
# Kiddush has to be made before eating/drinking because the Pasuk says "VeKarasa LiShabbos Oneg" <ref> Isiah </ref> "And you shall call to the [[Shabbos]] a delight", which the Rabbanan learn to mean that there has to be a "calling" to the [[Shabbos]], meaning saying Kiddush, prior to it being "a delight", refering to eating/drinking. <ref> Tosfot and Rosh Pesachim 110a</ref>
# It's Rabbinically <ref> Mishna Brurah 271:11 writes that the prohibition is only Rabbinic. </ref> forbidden to eat anything even water <ref> [[Maggid]] Mishna (Hilchot [[Shabbat]] 29:5) explains that the Rambam holds drinking water before [[Kiddish]] is permitted, while the Rashba (Sh"t 3:264) forbids it. Hagahot Maimon 29:5 in name of Maharam as well as the Tur 271:4 also forbid. Bet Yosef says that the Rambam is unclear and may hold that even water is forbidden. Shulchan Aruch 271:4 rules that even water is forbidden. </ref> before making [[Kiddish]] once the time for [[Kiddish]] has come. <ref> Pesachim 106b records a dispute whether one who tasted food before [[Kiddish]] can still make [[Kiddish]]. Bet Yosef 271:4 implies from there that Lechatchila, it's forbidden to eat or drink before [[Kiddish]]. Rambam (Hilchot [[Shabbat]] 29:5), Tur and Shulchan Aruch 271:4 all rule that it's forbidden to eat before making [[Kiddish]]. </ref> This applies to the nighttime and daytime Kiddush.<ref>Kitzur Shulchan Aruch 77:13</ref>
# If one takes [[Shabbat]] upon oneself early, it's forbidden to eat before making [[Kiddish]]. <ref> Magen Avraham in name of the Bach writes that it's forbidden to eat before making [[Kiddish]] if one accepted [[Shabbat]] early. </ref> Therefore, one can accept [[Shabbat]] early, make [[Kiddish]], and eat even before praying [[Arvit]] as long as it's not within a half hour of the time to say [[Arvit]]. <ref> Magen Avraham 271:5 writes that one is allowed to accept [[Shabbat]] early, and then make [[Kiddish]] to permit eating, all before praying [[Arvit]]. Beir Heitev 271:4 quotes this as halacha. Kitzur Shulchan Aruch 77:4 and Mishna Brurah 271:11 limit the permit to eat to when one is more than a half hour before nightfall as is the halacha everyday of not eating before [[Arvit]]. </ref>
# If one doesn't pray or take [[Shabbat]] upon oneself early The time that the prohibition begins from [[Bein HaShemashot]]. <ref> Magen Avraham 271, Mishna Brurah 271:11 and Ben Ish Chai Beresheet 17 write that the prohibition begins at [[Bein HaShemashot]]. </ref>
# Rinsing out one's mouth is permitted since one doesn't intend to get benefit from the water. <ref> Magen Avraham 271:5 writes that rinsing out one's mouth is permitted as it isn't called drinking. Bear Hetiev 271:4 and Mishna Brurah agree. However, Ben Ish Chai Beresheet 17 is more stringent and only permits if one was fasting and only during [[Bein HaShemashot]]. </ref>

== Timing==
#Ideally, one should say Kiddush as soon as one gets home from Shul on Friday night.<ref> Pesachim 106a learns that the primary way to do [[Kiddish]], a remembrance of [[Shabbat]] is with wine on Friday night because that's the beginning of the day (in the Jewish calendar). Shulchan Aruch, O”C 271:1 </ref>
#One can say [[Kiddish]] before nightfall if one accepts upon oneself [[Shabbat]] early. <ref> Magen Avraham writes that [[Kiddish]] can be made during the day if one accepts upon oneself [[Shabbat]] early. Many achronim including Kitzur Shulchan Aruch 77:2 and Mishna Brurah 271:11 concur. </ref>
#If one missed Kiddush on Friday night, it can and should be made up at any point during [[Shabbat]] day, which means that one would recite the longer Friday-night version of Kiddush on [[Shabbat]] day. <ref> The Gemara Pesachim 105a rules that if one missed saying [[Kiddish]] on Friday night one can make it up through the rest of [[Shabbat]]. Rambam (Hilchot [[Shabbat]] 29:4), Tur and Shulchan Aruch 271:8 rule like the gemara pesachim. This is agree upon by the achronim including Aruch HaShulchan 271:21, Ben Ish Hai (Bereshit 19), and Hacham Ovadia Yosef, in Halichot Olam. Aruch HaShulchan and Ben Ish Chai write that even if the person ate intentionally one should still make [[Kiddish]] the next day. Additionally, achronim including the Chaye Adam ([[Shabbat]] 6:2), Aruch HaShulchan 271:21, and Ben Ish Chai (Beresheet 19) hold that we don't say Vayichulu if the [[Kiddish]] is said during the day since Vayichulu was instituted for the incoming of [[Shabbat]]. [This finds it's source in the Magid Mishna (Hilchot [[Shabbat]] 29:4).] </ref>
# If one forgot to say [[Kiddish]] on Friday night and only remembered during [[Bein HaShemashot]] of Saturday, one should say [[Kiddish]] then with [[Shem UMalchut]], however, according to Ashkenazim as long as one davened any of the [[Shabbat]] [[prayers]], if one needs to make Kiddush during [[Bein HaShemashot]] it should be done without Shem Umalchut. <ref> Ben Ish Chai Beresheet 19 writes that one could argue that according to the Magen Avraham, once one prayed on [[Shabbat]] the obligation of [[Kiddish]] is only Derabbanan and whenever there is a doubt about a Derabbanan obligation one may be lenient (Safek Derabbanan Lekula). If this was the case, one should say that if it is [[Bein HaShemashot]] one no longer needs to say Kiddush. However, the Ben Ish Chai rejects such an argument because some commentators limit the Magen Avraham to a case where one doesn't have wine or one specifically had Kavana in [[davening]] to fulfill one's obligation. Therefore, the Ben Ish Chai rules that one can still make [[Kiddish]] during [[Bein HaShemashot]] with a Bracha because of the rule Safek Deorittah LeChumra just like if there's a doubt concerning [[Birkat HaMazon]]. Halichot Olam (vol 3, pg 25-7) agrees. However, the Mishna Brurah 271:39 (Shaar Hatziyun 47) rules that if one did say Tefillot [[Shabbat]] and it's [[Bein HaShemashot]], one should make the bracha without [[Shem UMalchut]]. See [http://www.dailyhalacha.com/Display.asp?ClipID=1866 Rabbi Mansour on Dailyhalacha.com]. </ref>

==Washing before or after Kiddish==
# One should make [[Kiddish]] before washing for bread. However, Bedieved, if one did wash with a bracha before making [[Kiddish]], according to Sephardim, one should make [[Kiddish]] on bread and not on wine. <ref>
* Tur 271:12 quotes Rav Amram Goan (Siddur vol 2, [[Siman 17]]) who wrote that one should make [[Kiddish]] on wine and then wash for bread, however, if one washed first one should make [[Kiddish]] on bread in accordance with Rav Bruna in Pesachim 106b. Rambam (Hilchot [[Shabbat]] 29:9-10) and the Ran in explaining the Rif (22a) concur. The Maharam MeRotenburg's (quoted by the Tur 271:12) practice was to make Kiddush before washing. Shulchan Aruch 271:12 rules that one should make Kiddush and then wash, however, if one washed first one should make Kiddush on the bread.
* Kaf HaChaim 271:76 adds that the Arizal (Shaar Kavanot 71c) agrees because the order should be kept as [[Kiddish]] being the completion of [[prayer]] and washing as the start of the meal. Gra 271:12, Maamer Mordechai 271:16, and Yalkut Yosef ([[Shabbat]] vol 1 pg 273) concur with Shulchan Aruch. Therefore, Sephardim shouldn't change from the ruling of Shulchan Aruch even Bedieved. However, the Kaf HaChaim 271:77 argues that Bedieved one should say [[Kiddish]] on wine because one has what to rely on. </ref> According to Ashkenazim, Bedieved one can make still make the [[Kiddish]] on wine and then have the bread. <ref> However, the Rashbam (Pesachim 106b), and Baal HaMoar (Pesachim 21b s.v. Amar Rav Bruna) explain the gemara differently than the Ran and say that lechatchila one should make [[Kiddish]] first, however if one doesn't one can still make [[Kiddish]] on wine. Rabbenu Tam (Pesachim 106b s.v. Mekadesh) and the Ri (Pesachim 106b s.v. Zimnin) hold that even Lechatchila one should wash before making [[Kiddish]] on wine. Hagahot Maimon 29:100, Sh"t Rashba 1:752, Rokeach (115), and Mordechai (Pesachim 106b; pg 37c) side with Rabbenu Tam and Ri. Such was the minhag of the Rosh (quoted by Tur 271:12) and the minhag of Ashkenaz as writes the Rama 271:12. The Taz 271:14 and Chaye Adam ([[Shabbat]] 6:12) rule that the Rama is only bedieved. Therefore, Mishna Brurah 271:62 writes that since many achronim side with Shulchan Aruch and one satisfies all opinions one should make [[Kiddish]] first, however Bedieved one can rely on the Rama to make [[Kiddish]] on wine if one did in fact wash first. Kaf HaChaim 271:77 adds in the name of the Bach that if one didn't make the bracha on [[Netilat yadayim]] one should make [[Kiddish]] on wine and then rewash so that one doesn't loose the [[Kiddish]] over wine. </ref>
# Nonetheless, some Ashkenazim have the Minhag (specifically German Jews) to specifically wash before making [[Kiddish]] over wine and they have what to rely on. <ref> See previous note. Rama 271:12 writes that such was the minhag of Ashkenaz to wash before [[Kiddish]]. The Bet Yosef 271:12 comments that he saw some Sephardim who had such a practice but sternly disagreed based on the Rif and Rambam. </ref>
# There is no difference concerning the order between the one making the [[Kiddish]] and other members of the family. <ref> Magen Avraham 271:26 in name of Hagahot Mordechai (it seems that he means Mordechai pg 37b), Bach 271:11 (s.v. VeleInyan) distinguish between the one making [[Kiddish]] and the other members of the family for whom [[Kiddish]] won't be an interruption. Kaf HaChaim 271:79 argues that there's no difference between the one making [[Kiddish]] and the other family members. </ref>
# If one's minhag is to wash first, it's forbidden to dilute the wine between the washing and [[Kiddish]] as that would be an interruption between washing and the meal. Some say one also shouldn't pour the wine from the bottle between washing and the meal as it constitutes an interruption. <ref> Magen Avraham 271:27 writes that even according to Rabbenu Tam (Pesachim 106 s.v. Mekadesh) that Lechatchila one can wash before [[Kiddish]], explains that Bet Hillel ([[Brachot]]) says to make [[Kiddish]] first in the case where one has to dilute the wine becasue diluting wine takes precision and is definitely an interruption. Magen Avraham adds that according to the stringent opinion in Shulchan Aruch 166:1 (which is the Tur based on the Yerushalmi) one should be strict not to make any interruption. The Magen Avraham is brought as halacha by the Tosfet [[Shabbat]] 271:34 and Kaf HaChaim 271:78. </ref>
# If by accident one washed one's hands for bread before [[Kiddish]], according to Sephardim one should make [[Kiddish]] on bread <ref>Shulchan Aruch 271:12 </ref> unless one person of the group hasn't yet washed and can perform [[Kiddish]] over wine for everyone else (by saying it aloud while they listen)<ref>Menuchat Ahava (vol 1 pg 143) [http://www.dailyhalacha.com/Display.asp?PageIndex=9&ClipID=960 see dailyhalacha] </ref> and according to Ashkenazim one should make [[Kiddish]] on wine. <ref>Mishna Brurah 271:62 </ref>

==Eating in the place one made Kiddish (Kiddush Bimakom Seuda)==
# In the place where one made [[Kiddish]] one should make sure to have a meal there.<ref>Shmuel in Gemara Pesachim 101a says that one should only say Kiddush in the place where one is going to have a meal. The Rosh (Pesachim 10:5) says that this is based on the pasuk "VeKarata LeShabbat Oneg" which Chazal explain with "Kriyah" as a reference to Kiddush and "Oneg" to the meal and so the pasuk means, in the place of Oneg one should have Kriyah. Shulchan Aruch 273:4 and Kitzur Shulchan Aruch 77:14 codify this as the halacha.</ref> This applies both for the nighttime and daytime Kiddush.<ref>Kitzur Shulchan Aruch 77:14</ref>
# One should begin to eat something immediately after [[Kiddish]]. After the fact, as long as one had intent to eat immediately one doesn't need to make [[Kiddish]] again even if one made a long interruption and had a Hesech HaDaat (interruption of thought). However, if one didn't have intent to eat right away and then made an interruption of 72 minutes a new Kiddush is needed. <ref> Preferably, Rama 273:3 writes that one should make one's meal immediately after [[Kiddish]]. Mishna Brurah 273:12 explains that preferably, one should eat one's meal right after [[Kiddish]] without waiting. However, Bedieved, Mishna Brurah 273:12 and Piskei Teshuvot 273:3 based on Aruch HaShulchan 263:1 write that one shouldn't make a new [[Kiddish]] even if one had a long break or made a change in place and returned to the place of the [[Kiddish]]. On the other hand, if one didn't have in mind to eat immediately and then made an interruption, Mishna Brurah 273:14 writes that a new Kiddush is needed. Halichot Olam (vol 3, pg 3) defines this interruption as 72 minutes. </ref>
## Even though Kiddush should be recited immediately prior to the meal, if there is a halachic need related to the meal to delay it, it is permitted. For example, the Kiddush at the seder on Pesach is made much in advance of the meal but it is acceptable since the Maggid is a necessary prerequisite to the meal.<Ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=15 (Kol Sinai Tevet 5724 p. 15)] writes that Maggid doesn't make the Kiddush before the meal not adjacent to the meal because the Maggid is necessary for the meal as we need to speak about the Matzah (Lechem Shonim Alav Devarim Harbeh). Halichot Shlomo of Rav Shlomo Zalman Auerbach (Moadim v. 2 p. 248 9:14) agrees and explains that the Maggid is intrinsically part of the meal and such was the establishment of chazal. See Rav Chaim Palagi Haggadah regarding how Maggid is an extension of Kiddush (like the Rif cited by Avudraham why there's no bracha on Maggid since Kiddush already fulfills the mitzvah of Maggid).</ref>
# In order to have [[Kiddish]] in the place where one eats and that the [[Kiddish]] is considered a proper [[Kiddish]], one must eat at least a [[Kezayit]] of [[mezonot]], bread, or a reviyit of wine. <ref> Shulchan Aruch 273:5 writes in name of the Geonim that one can fulfill the obligation to eat in the place of where one makes [[Kiddish]] by eating bread or wine. Magen Avraham 273:10 and Mishna Brurah 273:21 rule that a [[Kezayit]] is needed to fulfill this obligation. Mishna Brurah 273:25 comments that certainly [[mezonot]] fulfills the obligation as it's more significant than wine. Mishna Brurah 273:25 writes in name of Hagahot Rabbi Akiva Eiger and Tosefet [[Shabbat]] that wine doesn't fulfill one's obligation according to many and so one should only rely on this in cases of need. Piskei Teshuvot writes that it seems that there's a dispute between the Magen Avraham 273:11 and the Shaarei Teshuva 289:1 whether one can fulfill one's fulfill with [[mezonot]] that's not Pat HaBah Bekisnin. The Mishna Brurah 273:25 holds like the Magen Avraham and one can fulfill one's obligation by having any [[mezonot]]. Shemirat [[Shabbat]] KeHilchato 52:24, Sh"t Az Nidabru 8:31, Kiddush KeHilchato (pg 195), Sh"t Or Letzion (vol 2, 20:28), and Yalkut Yosef ([[Shabbat]] vol 1 pg 196; Halichot Olam (Vol 3, pg 1)) agree. </ref> Even though theoretically this applies also at night, one should be strict at night not to rely on this.<ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=13 (Kol Sinai Tevet 5724 p. 13)] writes that since some disagree with the geonim we shouldn't rely on them at night when Kiddush is Biblical.</ref>
# If someone is reciting kiddush in one room and someone else is hearing the kiddush in another room if the person listening to the kiddush is going to eat his meal in the room where he is that is considered kiddush in the place of the meal. The reason is that the one fulfilling his obligation of kiddush needs to be in the room where he is going to eat his meal and not where the person making kiddush is.<ref>Maharam Chalavah Pesachim 101a explains that they used to make kiddush in shul and people in a nearby room would hear the kiddush and fulfill their obligation and eat there. It is considered kiddush in the place where they're going to eat since they're fulfilling their obligation and they're the ones eating. The location of the making kiddush doesn't impact that. Tosfot Pesachim 101a s.v. dochlu implies otherwise. Nonetheless, the Bet Yosef 273:6 cites the Rabbenu Yerucham, Smag, and Hagahot Maimoniyot who agreed with Maharam Chalavah. Shulchan Aruch OC 273:6 holds like Maharam Chalavah. Rabbi Akiva Eiger 273:2 explains that those listening to the kiddush are like making kiddush themselves.</ref>

== Women ==
# The Mitzvah of Kiddush is unique in that women are obligated even though it is a Mitzvat Aseh She’Hazman Grama, based on a Talmudic derivation that since women are obligated by the prohibitions of [[Shabbat]], they are also obligated in the positive commandments of the day.<ref>On [[Berachot]] 20b, Rava says that women are obligated in [[Kiddish]] on a Deoritta level because the torah compares the positive and negative commandments of [[Shabbat]] by switching the terms "Zachor" and "Shamor" implying that anyone who is obligated in the negative commands is also obligated in the positive ones. Shulchan Aruch 271:2 and Kitzur Shulchan Aruch 77:4 codify this as the halacha. A woman's obligation applies both at night (Mishna Brurah 271:3) and during the day (Mishna Brurah 289:6). Maharam Chalava pesachim 106a "bayom mai" disagrees and says that women aren't obligated during the day </ref>
# Since women are obligated on a biblical level, they should either listen to their husband or hear another adult make [[Kiddish]] and answer [[Amen]], or say it themselves. <ref> Since women are obligated in [[Kiddish]] on a biblical level, they can definitely make [[Kiddish]] for themselves. Additionally since a man is obligated, a women can fulfill her obligation with the man's [[Kiddish]] as they both have a Deorittah obligation. According the Magen Avraham that one fulfills the Deorittah obligation in [[prayer]], if a man and women have both already prayed, they can fulfill each other's obligation since they have equal obligations. However, if the man prayed and the women didn't, then the man is obligated on a Rabbinical level and the women is obligated on a Biblical level. If so, Rav Yechezkel Landau in Dagul Mirvavah 271:2 asks, whether the women can't fulfill her obligation with the man's reading, or perhaps she can because nonetheless, men are able to fulfill the obligation of others using Arevim Zeh LaZeh (the side is also not definite because the Rosh ([[Brachot]] 3:13 last line) writes that women aren't included in Arevim). He leaves it unanswered and the Kitzur Shulchan Aruch 77:4 writes that it's preferable that women say the [[kiddish]] along with the one making [[Kiddish]] so that they are fulfilling their own obligation. However, the Sh"t Rabbi Akiva Eiger 1:7 argues that certainly women are included in Arevim Zeh LaZeh (and explains that the Rosh was talking about mitzvot that women are exempt from) and so a man with a Derabbanan obligation can fulfill a woman's obligation even if she is has a Deorittah obligation. Aruch HaShulchan 271:6 and Chazon Ovadyah ([[Shabbat]] vol 2 pg 24) concur. </ref>
# Technically a woman can fulfill the obligation of her husband and family though it isn't advised. <ref> Shulchan Aruch 271:2 writes that since women are obligated in [[Kiddish]] on a Deorittah level, they can fulfill the obligation of a man who also has such an obligation. Even though the Maharshal and Bach argue with this, the Taz, Magen Araham, Gra, Mishna Brurah 271:4 all agree with Shulchan Aruch that a women can fulfill the obligation of a man. Nonetheless, Eliyah Rabbah, Derech Chaim, and Mishna Brurah 271:4 write that it's preferable that a women not fulfill the obligation of men not in her family because it's not entirely appropriate. </ref>

==Children==
# Once a child has reached the age of [[chinuch]], they are required to hear the kiddush on [[Shabbat]]. Therefore in the event that the child did not hear kiddush, an adult may repeat kiddush on his behalf, even though the adult had already fulfilled this own obligation. <ref> Children in Halacha pg. 39 </ref>
==Sitting or standing for Kiddush==
# Many have the practice to sit for Kiddush, however, some have a Minhag to stand for [[Kiddish]]. <ref>
* (1) Sources that one should sit: Tosfot 43a writes that to be included in [[Kiddish]] one should sit. [Additionally, from the discussion of the Rambam (Hilchot Succah 6:12) writes that one the first night of [[Sukkot]] one should say the [[Kiddish]] standing so that one can make the bracha of LeShev BaSukkah before sitting down, implying that during the rest of the year one should say [[Kiddish]] sitting.]
* (2) Reasons one should sit: Mishna Brurah 271:46 brings the reason of the Kol Bo that one should sit as a part of [[Kiddish]] BeMakom Sueda making [[Kiddish]] in the place one will eat, and the reason of the Gra that because sitting represents an established setting and one is able to fulfill the obligation of others only is such a setting. Mishna Brurah extrapolates from the Gra's reasoning that even those who listen should preferably sit, and if they are not only standing but even moving here and there during [[Kiddish]] one certainly doesn't fulfill his/her obligation. Chaye Adam ([[Shabbat]] 6:13) writes that it's preferable to sit during [[Kiddish]] so one can see the cup (like the Rama writes 271:10 that one should look at the cup) and one's family as one makes [[Kiddish]].
* (3) Practices: Therefore, Shulchan Aruch 271:10 rules that one should stand for Vayichulu implying that one should sit for the rest of [[Kiddish]]. However, Arizal (quoted by Aruch HaShulchan 271:21) held one should stand for [[Kiddish]] out of respect for the [[Shabbat]] queen (similar to the reason Ashkenazim stand for [[Havdalah]], see Mishna Brurah 296:27). Lastly, Rama 271:10 writes that one is permitted to stand for the entire [[Kiddish]], but it's preferable to sit for [[Kiddish]]. Sh"t Igrot Moshe 5:16 writes that even the Rama only writes that it's permissible to stand for [[Kiddish]] but preferably one should sit, and so if one doesn't have a custom one should follow the Shulchan Aruch. </ref> Nonetheless, one should stand for Vayichulu. <ref> Shulchan Aruch 271:10 rules that one should stand for Vayichulu. Mishna Brurah 271:45 explains that the one should stand for Vayichulu because it acts as a testimony which in court would require one to stand. Rama 271:10 writes that the Minhag was to sit for Vayichulu except for the beginning of Vayichulu (during the words of Yom HaShishi Vayichulu HaShamayim because the first letter of those words spell Hashem's name). Mishna Brurah 271:47 explains that one can sit for Vayichulu because once one stood while it's said in Shul it can be said seated during [[Kiddish]]. Nonetheless, Mishna Brurah 268:19 writes that the minhag is like Shulchan Aruch to stand for Vayichulu. See further Rabbi Lebowitz's article on [download.yutorah.org/2009/1109/735392.pdf yutorah.org].</ref>
# For [[Shabbat]] day, the accepted custom is to sit. <ref> Rav Moshe Shternbuch (Teshuvot V’hanhagot #254) writes that even those who stand for Friday night Kiddush should sit for [[Shabbat]] day [[Kiddish]] because the reason of standing for Vayichulu and continuing doesn't apply as there is no Vayichulu, nor is there a [[Shabbat]] queen to greet. </ref>
# For [[Yom Tov]] Kiddush, many have the custom to sit, <ref> Sh"t Igrot Moshe 5:16 writes that the only reason to stand the entire [[Kiddish]] on [[Shabbat]] is because once one is standing for Vayichulu one can continue standing for the rest of the [[Kiddish]], however since there's no Vayichulu on [[Yom Tov]] one must sit according to all opinions. </ref>but some have the practice to stand.<ref>Aruch HaShulchan 271:24, Nitei Gavriel ([[Yom Tov]] vol 2, 29:18</ref>

==What to use for Kiddush==
# One should use a full cup<ref>Gemara Brachot 51a, Shulchan Aruch 271:10. [http://www.yutorah.org/lectures/lecture.cfm/799059/Rabbi_Hershel_Schachter/Hilchos_Shabbos_4_-_Inyonei_Kiddush_and_Havdalah Rav Schachter ("Hilchos Shabbos 4", min 33-5)] based on Rabbenu Yonah holds that if the cup is two thirds full it is considered full.</ref> of wine for Kiddush. Some say that grape juice is considered equally suitable as wine<ref>Yachave Daat 2:35 writes that one can use grape juice for kiddush, and Hacham Ovadia's opinion is also found in Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 81. Or Letzion 2:20:18, Yesodei Yeshurun 3:214-215 and Mishneh Halachot 13:38 agree. [http://www.yutorah.org/lectures/lecture.cfm/799059/Rabbi_Hershel_Schachter/Hilchos_Shabbos_4_-_Inyonei_Kiddush_and_Havdalah Rav Schachter ("Hilchos Shabbos 4", min 90-2)] quotes Rav Moshe as allowing grape juice for Kiddush but saying it is best to avoid the dispute. An [http://www.torahlab.org/doitright/using_grape_juice_for_kiddush/ article on TorahLab.org] writes that the majority of poskim hold grape juice is fit for Kiddush.</ref>, while others disagree.<ref>Shemirat Shabbat Kehilchata 53:2 citing Rav Shlomo Zalman Auerbach concludes that preferably one shouldn't use grape juice for kiddush. Laws of Brachos p. 316 writes that one shouldn't use grape juice for kiddush.</ref> Regarding grape juice from concentrate see [[Grape_Juice_and_Wine#Beracha]].
# It is better to use red wine for Kiddush.<ref>Mishna Brurah 271:10; Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82</ref> If only white wine is available then one may make kiddush on it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82 </ref> If one has white wine it is preferable to use it for Shabbat day as opposed to Kiddush on Friday night.<ref>[http://www.yutorah.org/lectures/lecture.cfm/798611/Rabbi_Hershel_Schachter/Hilchos_Shabbos_3_-_Choleh_BeShabbos_&_Kiddush Rav Schachter ("Hilchos Shabbos 3" min 73)] quoting Rabbi Akiva Eiger</ref>
# One may only make kiddush on wine that is proper for nisuch on the mizbeach, therefore, malodorous wine may not be used. However, malodorous wine can be fixed by adding other wine to it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 78 </ref> Wine that has been sweetened with honey may still be used for kiddush (even though honey is an issue for nisuch on the mizbeach), the same ruling applies for all sweet wines. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 119 </ref>
# Mevushal wine may be used for kiddush. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 115 </ref>
# If wine tastes like wine but smells like vinegar then it is permissible for making kiddush, but if wine tastes like vinegar but smells like wine then it is prohibited for making kiddush. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82, based on Rambam, Hilchot Shabbat, Perek 29, Halachot 15 and 17, and S"A, Orach Chaim, 272:3 </ref>
# Ideally, one should not make kiddush on wine that has been left open overnight, nevertheless, bediavad one has fulfilled the obligation if he/she made kiddush on it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 78 </ref>
# It is permissible to use wine that was left open as long as it was stored in a closet or refrigerator. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 78 </ref>
===If there is no wine or grape juice===
# If one doesn't have wine on Friday night, kiddush should be recited on the bread and one should keep one's hands on the bread throughout the kiddush. <ref> Shulchan Aruch 272:9 writes that some say one should say kiddush on chamar medina, some say not to say kiddush at all, and some who say that bread should be used for kiddush because of its importance. Rama 279:2 comments that the minhag is like the last opinion. Kaf HaChayim 272:50 and Yalkut Yosef 272:16 write that Shulchan Aruch holds like the last opinion. Mishnah Brurah 272:28 says to put your hands on the [[challah]]. Rav Avigdor Neventzahl in his commentary on Mishna Brurah (Biyitzchak Yikare 272:28) says that one should actually hold the [[challah]]. </ref>
# If there's no wine available for [[Shabbat]] lunch one should use Chamar Medina for kiddush. If one doesn't even have Chamar Medina, one should just say hamotzi and eat the bread, and if he doesn't even have bread one may eat without [[Kiddish]]. <ref> Shulchan Aruch 289:2, Mishna Brurah 289:10. The logic behind not using bread for [[kiddish]] during the day is explained by Mishna Brurah 272:31 that if one were to recite the daytime [[kiddish]] over bread, it would be the same procedure as if he wasn't saying kiddush at all. Therefore, to make it apparent that we are saying [[kiddish]] also, we say a beracha that wouldn't normally be recited, even if that is a [[shehakol]]. As for the definition of chamar medina Mishnah Brurah 272:24 says that even beer is only permitted in a place where it is a common drink. Mishna Brurah 272:25 prohibits the use of milk or oil, and Mishna Brurah 272:30 permits the use of liquor. Rav Avigdor Neventzahl in Biyitzchak Yikare footnote 25 says that according to Rav Shlomo Zalman Auerbach milk is not allowed even in places where it is commonly used like Switzerland. He also says that juice, tea, or coffee maybe permitted but soda is definitely not because it is just like water. Rav Moshe Feinstein in Iggerot Moshe OC 2:75 defines chamar medina as something you would serve to guests who you want to show respect to. Also see [[Shevet Halevi]] 3:26 and 5:32 where Rav Vosner says even where you have wine, chamar medina can be used because in the times of the gemara, wine was far more widespread. Today however, most people do not drink wine so often so other drinks are not inferior to wine for [[kiddish]]. </ref>
# According to Sephardim, one should only use Chamar Medina for [[Shabbat]] lunch if the wine isn't available in the city and chamar medina is a popular drink in that city. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 124 </ref> If chamar medina is just expensive then one should use wine. <ref>Yalkut Yosef ([[Shabbat]], vol 1, pg 289) </ref> According to Ashkenazim, if the wine is expensive one may use Chamar Medina for the daytime [[Kiddish]] and one who uses wine is fulfilling a preferred mitzvah. <Ref>Mishna Brurah 272:29 </ref>
# One may not use soda for [[Kiddish]] because soda isn't considered Chamar Medina.<ref>Sh"t Igrot Moshe 2:75 rules that soda is just like water and can not be used for [[Kiddish]].</ref>

==Beracha Acharona for Kiddush==
# One should not say a breach acharona after kiddush, even though a reviit of wine was consumed, because saying birkat amazon at the end of the sueda covers kiddush.
==Mistakes in Kiddush of Yom Tov==
# In Kiddush of Yom Tov if someone said Mikadesh Yisrael and didn’t add Ve’hazmanim he didn’t fulfill his obligation.<ref> The Gemara Pesachim 117b has a dispute between the elders of Pumpedita and Rava in tefillah whether you should say Mikadesh Yisrael or Mikadesh Yisrael Vehazmanim on Yom Tov. In Kiddush everyone agrees that you should recite Mikadesh Yisrael Vehazmanim. Magen Avraham 487:1 writes that if in Kiddush someone only say Mikadesh Yisrael he didn’t fulfill his obligation. Kaf Hachaim 487:17 and Zichron Yonah Avodat Halevim 30:1 agree.</ref>
# In Kiddush of Yom Tov if someone said Mikadesh Hashabbat instead of Mikadesh Yisrael Ve’hazmanim he didn’t fulfill his obligation unless he fixed it within toch kdei dibbur.<ref>Regarding Tefillah, Shulchan Aruch 487:1 and Mishna Brurah 487:5 hold that the Shabbat conclusion doesn’t fulfill the obligation of the Yom Tov one. Mishna Brurah holds that it can be fixed within a toch kdei dibbur. Magen Avraham 487:2 implies that the same is true of kiddush. Zichron Yonah 30:2 writes so explicitly.</ref>
# If someone said the Yom Tov Kiddush for the main text of the bracha which mentions Yom Tov in the middle and then concluded with Mikadesh Hashabbat one doesn’t fulfill his obligation.<ref>Regarding Tefillah, the Magen Avraham 487:2 writes that mentioning Yom Tov in the middle is sufficient even with a wrong conclusion but he seems to retract that opinion. Mishna Brurah 487:4 concludes that one doesn’t fulfill one’s obligation. Zichron Yonah 30:2 applies this to Kiddush.</ref>
# If you forgot to say Shehechiyanu you can say it afterwards anytime during the Yom Tov, for Pesach and Sukkot until the end of the 7 days.<ref>Eruvin 40b, Mishna Brurah 473:1, Zichron Yonah 30:4</ref>
# In Kiddush of Yom Tov that fell out on Shabbat includes both Shabbat and Yom Tov. If one only said the kiddush of Shabbat or Yom Tov one doesn’t fulfill one’s obligation.<Ref>Shulchan Aruch 487:1 writes that if one said Shabbat kiddush on Yom Tov one doesn’t fulfill one’s obligation. Zichron Yonah 30:6 writes that if on Shabbat Yom Tov one said either the Shabbat or Yom Tov kiddush separately and not both one didn’t fulfill one’s obligation. Rivevot Efraim 4:117 agrees.</ref>
# If one said the middle of the kiddush correctly and in the conclusion he made a mistake and only mentioned Shabbat according to many poskim one fulfilled one’s obligation. If one said the middle of the kiddush correctly and in the conclusion he made a mistake and only mentioned Yom Tov according to many Ashkenazic poskim one didn’t fulfill one’s obligation but according to Sephardim one did fulfill one’s obligation.<ref>Regarding Tefillah there is a dispute between the Knesset Hagedola who holds that concluding with one of the two conclusions is sufficient and the Pri Chadash who disagrees. Biur Halacha 487:1 makes a compromise and says that if he mentioned Shabbat that is sufficient but if he only mentioned Yom Tov that is insufficient. Kaf Hachaim 487:20 holds that in all cases out of doubt he shouldn’t repeat the bracha. Zichron Yonah 30:7 applies this discussion to Kiddush.</ref>
# If one mentioned Yom Tov in Kiddush but not the specific one there’s a dispute if one fulfilled one’s obligation.<ref>Leket Shichacha Vtaut p. 397 writes that the Bet Yehuda 4 holds that one fulfills one's obligation if one mentioned Yom Tov but just didn't mention which Yom Tov it was, but the Mishna Brurah 427:11 holds that one doesn't fulfill one's obligation. Shemirat Shabbat Khilchata v. 2 p. 110 holds like the Mishna Brurah.</ref>

==Questions and Answers==
# Is it permissible to have [[Kiddish]] before [[Mussaf]]? [[Kiddush#eatingbeforemussaf|click here]]

== Sources ==
{{Reflist|2}}
[[Category:Brachot]]
[[Category:Holidays]]
[[Category:Pesach]]
[[Category:Shabbat]]
[[Category:Sukkot]]

Kiddush

2018-12-13T16:19:56Z

Ezralevy: /* Mistakes in Kiddush of Yom Tov */

{{Good}}
[[Image:Kiddush Cup.JPG|200px|right]]
Before eating on [[Shabbat]] or [[Yom Tov]], both during the nighttime and daytime, '''Kiddush''' is recited over a cup of wine (preferably). The relevant halachot are detailed below:
==Obligation==
# The mitzvah of Kiddush is a Biblical commandment alluded to in the Ten Commandments. The Torah says, "זכור את יום השבת לקדשו" meaning "remember [[Shabbat]] to sanctify it," and one fulfills it by saying the text of [[Kiddish]] on Friday night. <ref> Rambam Sefer Hamitzvot Aseh 155, [[Chinuch]] 31, Smag Aseh 29, Sefer Hamitzvot of Rav Saadia Gaon Aseh 33 all count the mitzva to sanctify the [[shabbat]] with words based on this pasuk.
* Rambam (Hilchot [[Shabbat]] 29:1) writes that there is a positive biblical commandment to remember [[Shabbat]] based on the pasuk "זכור את יום השבת לקדשו" (Shemot 20:7). In 29:4, he writes that the primary time for the mitzvah is Friday night. Kitzur Shulchan Aruch 77:1 rules like the opinion of the Rambam. [However, it seems that Tosfot (Nazir 4a s.v. My Hee; first opinion) holds that the mitzvah of [[Kiddish]] is Derabbanan and the pasuk of Zachor is only an asmachta]. Tosafot Pesachim 106a “zochrayhu” states two opinions: 1) the cup of wine is diRabanan; 2) the cup of wine is diorayta, but the drinking is dirabanan. </ref> Many authorities consider Kiddush of [[Yom Tov]] to be Derabbanan, yet it shares all the same halachas of Kiddush of [[Shabbat]]. <Ref>Mishna Brurah 271:2, Nitei Gavriel ([[Yom Tov]] vol 2, 29:1)</ref>In addition, Chazal instituted that [[Kiddish]] be made over a cup of wine. <ref> Pesachim 106a states that the [[Kiddish]] is supposed to be said over a cup of wine. Tosfot (s.v. Zochrayhu; first opinion) and Rambam (Hilchot [[Shabbat]] 29:6) write that saying [[Kiddish]] over the cup of wine is Derabbanan. Tosfot's second opinion holds saying [[Kiddish]] over a cup of wine is Deoraittah, but drinking it is Derabbanan. </ref>
# Some authorities hold that the Biblical obligation is discharged with the [[prayer]] in Shul and that the [[Kiddish]] at home is entirely Derabbanan. <ref> Magen Avraham 271:1 writes that since the Rambam and Tosfot hold that the Deorittah part of [[Kiddish]] is that it is stated orally, one should be able to fulfill this obligation with one's [[Maariv]] [[prayer]] in Shul. This is quoted as halacha by the Bear Hetiev 271:2. However, there is a great discussion in the achronim and many argue on the Magen Avraham (Mishna Brurah 271:2 (based on the Tosfet [[Shabbat]] 271:3) argues that since one doesn't have intention to fulfill the obligation of Zachor, the [[prayer]] in shul doesn't fulfill the obligation of [[Kiddish]]). There is a dispute whether a women's lighting [[Shabbat]] candles can fulfill [[Kiddish]] Deoritta, Sh"t Mishneh Halachot 7:37 holding that it can fulfill the Deoritta obligation, while Sh"t Az Nidabru 12:1 strongly disagrees. </ref>
==Amount to Drink==
# The [[Kiddush]] cup itself must contain the volume of at least a reviis of one in order to be valid. The amount of a reviis is open to dispute. According to Rav Chaim Naeh, 3.2 fluid ounces is sufficient. According to Rav Moshe Feinstein, on Friday night one needs 4.42. During the day, Rav Moshe requires only 3.3 fluid ounces. <ref>Haggadat Kol Dodi, Mishna Brurah 183:9, Shaar HaTziyun 183:14</ref>
# In order to fulfill this obligation, one should drink most of a cup that contains at least a [[reviit]]. Some say one should only drink a Melo Lugmav (a cheekful) and some say one should preferably drink a [[Revi'it]].<ref>
* What is the minimum amount of wine one should drink for [[Kiddish]]? Shulchan Aruch 271:13 writes that for kiddush one must drink a Melo Lugmav, which is a cheekful and is the equivalent of the majority of a [[Revi'it]]. Kitzur Shulchan Aruch 77:9 agrees. Kaf HaChaim 271:83 and Or Letzion (vol 2, 20:22) write that it's preferable to drink a complete [[Reviyit]]. On the other hand, Beiur Halacha 174:6 s.v. VeChen writes that since there's a dispute whether the [[Birkat HaMazon]] will exempt the [[Bracha Achrona]] of the wine, one should preferably drink only a Melo Lugmav and not a [[Reviyit]]. Then he ends off by referencing the Shulchan Aruch's ruling in 190:3 and says that one should have intent that the [[Birkat HaMazon]] will exempt the wine before the meal. Yalkut Yosef ([[Shabbat]] vol 1, p 274) simply writes that one must drink a Melo Lugav and doesn't say it's preferable to drink a [[Reviyit]].
* See also Shulchan Aruch 190:3 who writes that because there is a dispute whether one is obligated to make a [[Bracha Achrona]] for a [[Kezayit]] or a [[Reviyit]] of wine, one shouldn't enter into that dispute and for a Kos Shel Bracha, when one needs to drink more than a Melo Lugmav, one's only option is to drink more than a [[Reviyit]]. Kaf HaChaim 271:84 quotes the Pri Megadim who explains that this doesn't apply to Kiddush before a meal since the [[Birkat HaMazon]] exempts the wine from a [[Bracha Achrona]].
* Mishna Brurah 272:30 rules that the obligation to have most of a [[Revi'it]] applies regardless of which drink you use for kiddush. Rav Tzvi [[Pesach]] Frank in Har Tzvi 1:159, however, says that since the Taz (210:1) holds that one would be obligated to say a beracha acharona on less than a [[Revi'it]] of liquor because less than that already is considered to be significant enough for a beracha acharona, the same would apply for how much you need to drink for [[kiddish]]. In regards to [[Bracha Achrona]], Mishna Brurah 190:14 based on the Magen Avraham 190 also writes that there's no difference between wine and other drinks in opposition to the Taz's opinion in that regard as well. </ref>
# For [[Kiddish]], the [[Revi'it]] should be considered to be 4.4oz. <ref>Haggadah Kol Dodi (Rabbi Dovid Feinstein, 5730, pg 4) writes that the [[Revi'it]] for kiddush on [[Shabbat]] (using the method of measuring finger-widths) should be 4.42 oz.</ref>

==Kiddish in Shul==
# In the days of the gemara, the Rabbis instituted saying [[Kiddish]] in shul for the travelers who would eat and drink in the Shul. Nowadays, when guests don't eat their meals in shul, some say that its proper not to say Kiddush in shul, while others uphold this minhag to say Kiddush in shul on Friday night. <ref>The Gemara Pesachim 100b discusses the custom to recite kiddush on Friday night in shul. The Tur 269 writes that saying Kiddush in shul was only established in order to fulfill the obligation of Kiddush for the guests who would eat their meal in shul. He says that nowadays that guests don't eat their meal in shul one shouldn't say Kiddush in shul. The Beit Yosef 269 quotes the Rabbenu Yonah, Ran, and Rashba who defend this practice of saying Kiddush in shul even if guests don't even their meal in shul. Additionally, the Rambam (Sh"t Harambam 37) writes that this minhag shouldn't be discontinued because all establishments that the rabbis made must remain even if the reason no longer applies. Rashba responsa 1:37 and Maharam Chalavah Pesachim 101a agree. Nonetheless, the Bet Yosef writes that the more proper minhag is not to say Kiddush in Shul. Shulchan Aruch 269:1 rules that some have this practice to say Kiddush in shul, but its better not to. Mishna Brurah 269:5 writes that the common minhag is to say Kiddush in shul and one shouldn't uproot it. Yalkut Yosef 269:2 writes that if there are some in shul who will not say Kiddush at their homes at all, it is not just justified but even encouraged to say Kiddush in shul, but otherwise a shul who doesn't yet have that and doesn't yet have an established minhag, shouldn't say the kiddush in shul. He continues that whatever shul already has the minhag to say it, they should not be stopped because this minhag has its basis.
* Sh"t Yachin Uboaz 118 writes that that the Rashbetz wouldn't answer [[amen]] to the kiddush in shul because of the safek beracha livatala.</ref>
# This minhag applies to [[Shabbat]] and [[Yom Tov]] except for the first day of [[Yom Tov]] of [[Pesach]] (and second in Chutz LaAretz). <ref>Mishna Brurah 269:5, BeYitchak Yikare adds second day in chutz la'aretz </ref>
# The one making [[Kiddish]] in shul shouldn't drink from the wine but rather give it to children to drink. Some say that the children should be below the age of [[chinuch]] (6 or 7) while others say that it's better to give it a child above that age. If it is not possible to find a child to drink the wine, an adult should drink it but should make sure to drink a [[Reviyit]] or more, say a [[Bracha Achrona]], and have intent to fulfill the mitzvah of [[kiddish]]. <Ref>Shulchan Aruch 269, Mishna Brurah 269:1, Yalkut Yosef 269:2. The Magen Avraham 269:1 explains that it is permitted to have the child drink the kiddush wine even though his meal isn't there and it is like eating before kiddush. He explains it is permitted for a child to eat before kiddush for several reasons: 1) Since eating before kiddush is a prohibition implied from a mitzvah it isn't an issue of feeding something forbidden to children. (Yalkut Mefarshim on Ran Yoma 3a agrees.) 2) Since the prohibition is only related to time and not intrinsic to the food it is permitted to feed to children. (Meor Yisrael Ymoa 78b agrees.) 3) According to the Geonim it is permitted to just have the cup of kiddush without the meal there and for children that is sufficient to rely upon. 4) According to the Rashba and Ran it is permitted to feed a child a rabbinic prohibition. </ref>
# The minhag is to stand for [[kiddish]] in shul. <ref> Rama 269:1 </ref>

==Kiddish at night==
# On Friday night, one should hurry home after shul to bring in the [[Shabbat]] and not taryy in conversation at shul. <ref> Yalkut Yosef [[Shabbat]] 1 271:1 </ref>
# Kiddush at night is considered greater than the Kiddush of the day.<ref> The Ran on Gemarah Pesachim 106a says that the [[Kiddish]] of the night is Deoritta while that of the day is Derabbanan. </ref> Therefore, if one has two bottles of wine the better bottle should be used for Kiddush at night. (However, the day is considered greater in general and should have the better selection by everything else). <ref> Gemarah Pesachim (105a)</ref>
# The text of [[Kiddish]] includes Yom HaShishi, which are pesukim describing [[Shabbat]], and two [[Brachot]], Borei Peri HaGafen, and Mekadesh Ha[[Shabbat]]. <ref> Rambam (Hilchot [[Shabbat]] 29:7) writes that the order of [[Kiddish]] is Vayichulu (which are pesukim said based on Minhag), the Borei Pri Hagefen and then Mikdash Ha[[Shabbat]] (the text of which can be found in Rambam 29:2). </ref>
# When reciting [[Kiddush]] on Friday night, we say the words "ויהי ערב ויהי בקר" - "Vayihi erev vayihi boker" quietly before saying "יום הששי" Yom Hashishi. While we generally avoid reciting Pesukim in ways which differ from their presentation in the Torah<ref>Tanit 27b, [[Megillah]] 22a. "כל פסוקא דלא פסקיה משה אנן לא פסקינן".</ref>, nonetheless we only say the second part, and don't say the first part of the Pasuk quietly because Chazal understand the words "טוב מאד" as a reference to death. However, there is debate whether one is allowed to say only part of a Pasuk so some are careful to add the rest of the Pasuk ''Vayar Elokim Et Kol Asher Asa Vehini Tov Meod, Veyihi Erev Vayihi Boker Yom Hashishi''.<ref>Rama 271:10, Levush 271:10, Aruch HaShulchan 271:25, Chatom Sofer OC 10. Chatom Sofer OC 1:51 explains the minhag is based on the fact that we want to mention yom hashishi before vayichulu hashamayim since there’s an acrostic of Hashem’s name of the first letter of each of those four words. But since we don’t want to mention only two words from a pasuk since it is meaningless we include a whole phrase. However, we don’t want to say the whole pasuk since the midrash says that there’s a reference to death in the beginning of the pasuk. [http://www.havabooks.co.il/sms.asp?cat=6 Rav Aviner] Nefesh Harav (p. 159) quotes Rav Soloveitchik as having the practice to say the beginning part of the pasuk quietly to himself. He also cites this as the practice of the Steipler (Orchot Rabbenu v. 1 p. 109).</ref>

==Kiddish of the day==
# The text of [[Kiddish]] during the day is just Borei Pri Hagefen. <ref> The Gemara Pesachim 106a states that the primary [[Kiddish]] is at night, but there's also a [[Kiddish]] of the day. Even though it seems to be Deorittah as the gemara learns it from a pasuk, the Rishonim agree that the pasuk is only an asmachta (Ravad and Magid Mishna (Hilchot [[Shabbat]] 29:10), quoted by Bear Heitiv 289:2) and the obligation of [[Kiddish]] during the day is only Rabbinic. The gemara concludes that the text of such a [[Kiddish]] is just Borei Pri [[HaGefen]]. Rambam (Hilchot [[Shabbat]] 29:10) and Shulchan Aruch 289:1 rule this as halacha. </ref> However, many have the minhag to say Pesukim before saying the Bracha. Some say two paragraphs<ref> Siddur </ref>, "Veshamaroo" and "Zachor" and others have the minhag to add another paragraph before these starting with "Im tashiv Mishabbos Raglecha" which are the Pesukim in Yeshaya which inlude the Pasuk from which the obligation of making Kiddush is derived. Many skip to the last sentence of "Zachor" starting with "Al cen berach" before saying the bracha on the wine.
# It's forbidden to taste anything before [[Kiddish]]. <ref> Rambam (Hilchot [[Shabbat]] 29:10) and Shulchan Aruch 289:1 rule that since there's an obligation to make [[Kiddish]] it's forbidden to eat anything before [[Kiddish]] just like the [[Kiddish]] of Friday night. </ref>
# If one is thirsty it is permissible to drink water before [[Shacharit]] on [[Shabbat]] day since the obligation of [[Kiddish]] doesn't apply until one prayed. <ref> Tur writes in the name of his father, the Rosh, and Shulchan Aruch 289:1 </ref>
# Someone who is sick and needs to eat before davening on Shabbat, according to Ashkenazim should recite Kiddush beforehand unless one doesn't eat a kezayit of mezonot within a kdei achilat pras,<ref>Mishna Brurah (Biur Halacha 289:1 s.v. chovat) and Igrot Moshe OC 2:26:2 write that someone who is sick and needs to eat before davening on Shabbat should make kiddush unless he doesn't need to eat pat haba bekisnin. Piskei Teshuvot 289:8 note 63 writes that the best option is for the sick person not to have a kezayit of pat haba bekisnin within a kedi achilat pras which wouldn't obligate kiddush.</ref> while according to Sephardim it isn't necessary.<Ref>Yabia Omer OC 8:31 and Or Letzion 2:20:14 write that someone who is sick and needs to eat before davening on Shabbat does not need to make kiddush. See also Kaf Hachaim 276:28 who is lenient in extenuating circumstances. See Chazon Ovadia (Shabbat v. 2 p. 149) where Rav Ovadia recommends that a sick person who needs to eat bread or pat haba bekisnin before davening should recite kiddush.</ref>

==Pouring Off==
# A person shouldn’t pour off to the other cups between the kiddush and drinking. If he is sick and worried about others drinking from his cup he can pour off but should make sure to leave a reviyit in the cup when he drinks.<ref>
* Piskei Teshuvot 271:32 quotes the Mishnat Yosef 4:35 who says that initially one shouldn't pour off before drinking because one should drink from a cup with a reviyit and also so that it shouldn't look like a disgrace to the mitzvah (bizuy mitzvah, see Mishna Brurah 296:4 and Eliya Rabba 271:23). However, if he’s sick he can pour off some and then drink from the cup which still has a reviyit. [https://www.yutorah.org/sidebar/lecture.cfm/898548/rabbi-hershel-schachter/berachos-92-47a-kiddusha-rabba-ii-bracha-al-hakos-ad-sheyitom-hamevarech-answering-amen/ Rav Hershel Schachter (Brachot Shiur 92 min 44)] agreed that one shouldn’t pour off so much that there’s not a reviyit left before you drink. He holds like the Magen Avraham as will be explained.
* Should the cup one drinks from have a reviyit? Tosfot Pesachim 105b s.v. shema writes that one must drink from a cup that has a reviyit and not pour off some of the cup into another cup and drink. Agudah Pesachim 10:84 and Ritva Pesachim 105b s.v. shema agree. Magen Avraham 271:24 rules like Tosfot. Mishna Brurah 271:51 agrees. Shulchan Aruch 271:11 seems not to hold like Tosfot but see Eliya Rabba 271:23 who defends Shulchan Aruch but also accepts Tosfot. Korban Netanel Pesachim 10:200 writes that in fact the Rosh, Rabbenu Yerucham, and Shulchan Aruch disagree with Tosfot and you don’t have to drink from a cup with a reviyit. Netiv Chaim 271:11 agrees. Rabbi Akiva Eiger Pesachim 105b discusses whether the proof of the Korban Netanel is conclusive.</ref>
# The one reciting kiddush doesn't have to pour off into their cups unless their cups are invalid for kiddush as they drank from them already. In such a case the one reciting kiddush can pour off from his cup into the others so that they are considered valid for kiddush.<ref>Tosfot Pesachim 106a s.v. gachin, Tosfot Brachot 47a s.v. ein, Rosh Pesachim 10:16, Rosh Brachot 7:15, Shulchan Aruch OC 271:17</ref>
==Listening to Kiddush==
# Those who are listening to the kiddush shouldn't drink until the making the kiddush drinks.<ref>Gemara Brachot 47a</ref> However, if they each have their own cup they may drink without waiting.<ref>Yerushalmi Brachot 6:1, Tosfot Brachot 47a s.v. ein, Tosfot Pesachim 106a s.v. gachin, Rashba Brachot 47a s.v. amar, Maharam Chalavah Pesachim 106a s.v. chazyey, Shulchan Aruch 271:16</ref>
# Those listening don't need to drink a melo lugmav and any amount is sufficient.<ref>The Levush 271:14 writes that those listening should drink a melo lugmav. However, the Maggid Mishna Shabbat 29:7 writes that those listening only need to drink a bit and not melo lugmav. The Taz 271:17, Eliya Rabba 271:29, and Mishna Brurah 271:71 follow the Maggid Mishna.</ref>
# Those listening to kiddush don't have to drink to fulfill their obligation but it is a mitzvah for them to drink.<ref>
Eruvin 40b and Pesachim 108b imply that only the one drinking needs to drink and no one else but Pesachim 106a and perhaps 108b imply that everyone listening should drink. The Rosh Pesachim 10:16 writes that although each person listening to kiddush doesn't need to drink wine to fulfill his obligation, there is nonetheless an added mitzvah to do so. Maharam Chalavah Pesachim 101a holds those listening don't need to drink. Tosfot Pesachim 99b s.v. lo originally assumes that those listening to the kiddush don't need to drink but afterwards questions that assumption. The Rambam Shabbat 29:7 implies that there is an obligation for everyone to drink. Maggid Mishna 29:7 just adds that those listening don't need to drink a melo lugmav. Shulchan Aruch OC 271:14 rules like the Rosh that as long as the one reciting kiddush drinks that is sufficient for everyone to fulfill their obligation but it is a mitzvah for them to drink. Mishna Brurah 271:83 agrees.</ref> They don't need their own cup and may drink from the cup of kiddush.<ref>Shulchan Aruch 271:14</ref> It isn't considered invalid for kiddush after the one reciting the kiddush drank and then they drink.<ref>Shaar Hatziyun 271:89 explains that even though if those listening had their own cup they should ensure that the cup should be valid for kiddush and not drunk from beforehand, however, if they are drinking from the kiddush cup after the one who recited kiddush drank it isn't considered invalid as their drinking is considered part of the original drinking of the one who recited kiddush.</ref>
# If those listening want to have their own cup to fulfill this added mitzvah to drink wine after kiddush they may do so. If they do so they should have a cup that is valid for kiddush and we view it as though they are all reciting their own kiddush over their cup of wine.<ref>Rosh Pesachim 10:16 writes that the wine in each person's cup has to be fixed and not drunk from beforehand in order for them to use it for drinking at kiddush even though they aren't reciting the kiddush. He explains that since they are listening to kiddush and going to drink wine from their own cup it is considered as though they are reciting their own kiddush over their own cup. If so that cup should be valid for kiddush. Tosfot Pesachim 106a s.v. hava, Tosfot Brachot 47a s.v. ein, Rashba Brachot 47a s.v. amar, Tur 182:4, and Ohel Moed 6:6 cited by Bet Yosef 182:2 agree. The Shulchan Aruch OC 271:17 accepts the Rosh.
* The Tiferet Shmuel on Rosh Pesachim 10:15:10 seems to have another understanding of the Rosh in which he assumes that those who are listening to the kiddush and have their own cups don't need their cups to be valid for kiddush and may be drunk from beforehand (like the Raah). However, the Divrei Chamudot Pesachim 10:15:36 understood the Rosh as above.</ref> Some disagree.<ref>The Raah cited by Bet Yosef 182:4 writes that those listening don't have to have valid cups for kiddush. The Shulchan Aruch 182:4 cites that opinion as a minority view.</ref>
# Some say that for kiddush by day those listening to kiddush must drink from the kiddush cup.<ref>
[https://www.yutorah.org/sidebar/lecture.cfm/856129/rabbi-hershel-schachter/inyonei-sefiras-haomer-nowadays-women-before-kiddush-beit-din-bein-hashmashos-shomea-keoneh/ Rav Schachter Inyonei Sefirat Haomer 5776 towards the very end] quoted the Torah Temimah, Netsiv, and Rav Velve Soloveitchik that one doesn’t fulfill one’s obligation if one doesn’t drink wine at the kiddush of the day specifically since it really is only a birchat hanehenin and not a bracha of a mitzvah. However, in [https://www.yutorah.org/sidebar/lecture.cfm/898548/rabbi-hershel-schachter/berachos-92-47a-kiddusha-rabba-ii-bracha-al-hakos-ad-sheyitom-hamevarech-answering-amen/ Brachot Shiur 92 (min 23)] he quoted that Rav Chaim was upset with this chiddush of the Netsiv and not everyone has to drink at the daytime kiddush. Teshuvot Vehanhagot 3:243 cites this dispute between the Brisker Rav and Rav Chaim.</ref>

==Eating before Mussaf==
# <div id="eatingbeforemussaf"></div> Once the time for [[Mussaf]] (from [[Olot HaShachar]]) it’s forbidden to eat a meal (more than a [[KeBaytzah]] of bread) before praying [[Mussaf]], however, it’s permissible to have a [[KeBaytzah]] of bread or a lot of fruit. <Ref>The Gemara [[Brachot]] 28b writes that the halacha doesn’t follow Rav Huna who says that it’s forbidden to taste any food before praying [[Mussaf]]. The Tur 286:3 writes that even though we don’t hold like Rav Huna we only permit have a snack but a meal is forbidden. The Bet Yosef quotes the Raavad, Rashba, and perhaps the Rabbenu Yerucham who agree. S”A 286:3 writes that it’s forbidden to eat a meal before praying [[Mussaf]] but it’s permissible to have a snack. The Magen Avraham 286:2 writes that the snack is the same as before [[Mincha]] where S”A 232:3 writes that one may have a [[KeBaytzah]] of bread and a lot of fruit but not more. Kitzur Shulchan Aruch 77:15 agrees. See Rav Mordechai Eliyahu's comment on Kitzur Shulchan Aruch 77:15 where he writes that we only rely on this in situations of pressing need.</ref>
# The custom is to be lenient to permit eating even more than a Kabaytzah of baked [[Mezonot]] (cakes and cookies) before [[Mussaf]] after having made [[Kiddish]]. <Ref>Shaar HaTziyun 286:7 writes that the measure for a meal before [[mussaf]] in regards to baked [[mezonot]] is the same as by [[Sukkah]]. Mishna Brurah 639:15-6 (regarding [[Sukkah]]) quotes some who say that if one establishes a meal out of the [[Pas HaBah Bekisnin]] certainly it requires a [[Sukkah]]. However, if one didn’t have it as a meal if one had more than a [[KeBaytzah]] then there’s a dispute whether one needs a [[Sukkah]] and if one eats less than a [[KeBaytzah]] then certainly it doesn’t require a [[Sukkah]]. Nonetheless, Halichot Shlomo ([[Tefillah]] 14:9, pg 179-80) writes that the minhag is to lenient to have even more than a Kabaytzah of baked [[mezonot]]. </ref>
# If one does eat before [[Mussaf]] one must first do [[Kiddish]] and have a [[Revi'it]] of wine or eat a [[Kezayit]] of baked [[mezonot]] (cakes and cookies) in order to fulfill [[Kiddish]]. <Ref>Magen Avraham 286:1, Beiur Halacha 286:3 s.v. Achilat, Mishna Brurah 286:7, Shemirat [[Shabbat]] KeHilchata 52:17</ref>

==The Cup for Kiddish==
# Some authorities say that one may not use a plastic or paper cup for [[Kiddish]], however, many authorities permit but agree that it's preferable to use a real cup. <ref> Sh"t Igrot Moshe O"C 3:39 forbids using a plastic or paper cup as they aren't considered a nice cup and it's worse off than a broken cup (which is forbidden by Shulchan Aruch 183:3. Mishna Brurah 183:11 says that even if it is just the base that is cracked one should still be strict.) The Radiance of [[Shabbos]] (page 44) points out that this doesn't depend on the quality of the plastic at all. [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 min 25-30)] agrees with Rav Moshe.
* However, Sh"t Tzitz Eliezer 12:23 differentiates between a cup that would be used for hot liquids and could be reused and one that's ruined after it's first use. Even if one personally doesn't reuse it, it is still considered a kli. This is true for kiddush, [[havdala]], and [[netilat yadayim]]. Sh"t Beer Moshe 5:55 on the other hand, only allows cup that are commonly reused and therefore only permits plastic cups and not paper cups, or small shot glasses because those are rarely reused.
* Sh"t Az Nidabru 6:49 is the most lenient allowing any disposal cup, however, it's still preferable to use a better cup as a hidur mitzvah. Shevut Yitzchak (vol 1, 4:5, pg 48) in name of Rav Elyashiv and Chazon Ovadyah ([[Shabbat]] vol 2 p. 56) concur with the lenient opinion. See further: [http://www.yutorah.org/lectures/lecture.cfm/727120/Rabbi_Aryeh_Lebowitz/kiddush_with_disposable_cups Rabbi Aryeh Lebowitz on yutorah.org]. Although many poskim, say that using two plastic cups doesn't help at all, see [http://www.yeshiva.org.il/ask/?id=62394 Rav Dov Lior] for the explanation of that practice, though he writes that he doesn't necessarily think that it helps the issue. </ref> After the fact one fulfilled one's obligation even if one holds one shouldn't use a disposable cup.<ref> Mishna Brurah 183:10 writes that the entire concept of having a cup for kiddush that is complete is important initially but after the fact isn't critical and one fulfills one's obligation. Therefore, [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 min 25-30)] explained that Rav Moshe who invalidated a disposable cup for kiddush because it is like it is already broken would agree that after the fact one fulfilled one's obligation.
* Rashba 51a s.v. ha writes that if a person doesn’t have one of the four major rules of a kos shel bracha a person doesn’t fulfill their obligation, the others are enhancements initially. Meiri 51a s.v. asara quote some who said that they are all only critical initially. Mishna Brurah 183:10 implies that we follow the Meiri. Maaseh Rav n. 86 follows the Rashba that it would prevent fulfilling one's obligation.</ref>
# The cup of [[Kiddish]] should be rinsed out before being used if it isn't already clean. <ref> The Gemara Brachot 51a establishes that the kos shel bracha should be cleaned on the inside and outside before it is used. Shulchan Aruch OC 183:1 codifies this gemara but adds that it is only necessary if the cup is dirty but if it is clean it doesn't need to be cleaned out. Chaye Adam ([[Shabbat]] 6:13) agrees. Mishna Brurah 183:3 writes that it is proper to clean it out unless it is completely clean. </ref> According to Kabbalah one should still clean out the cup in the inside and outside even if it is clean.<ref>Kaf Hachaim 183:4</ref>
# Some say it is a nice practice to surround the kiddush cup with six small cups of wine. The minhag isn't concerned for this opinion.<ref>Gra in Maaseh Rav n. 174 states that it is nice to have six small cups surrounding the main kiddush cup. His reason is that this is the practice of Itur of the Gemara Brachot 51a and even though the gemara says we don't have that practice the gemara only meant that it isn't critical but it is still a nice practice. Kaf Hachaim 183:3 writes that it isn't our practice since we try to follow the other explanation of Itur is having talmidei chachamim around the table, which isn't always possible but when it is that's the main method to add significance to the kiddush. </ref>
# The kiddush cup should be full.<ref>Gemara Brachot 51a, Shulchan Aruch OC 183:2</ref> If a person is afraid of spilling it is sufficient that it is almost full such as leaving it a quarter of an inch below the top.<ref>Taz 183:4 writes that the practice of not filling up the cup to the very top is because of a concern that it will spill and make a mess. Kaf Hachaim 183:13 adds to the Taz that it isn't considered not full if it is almost full. Similarly, Rabbenu Yonah 37b s.v. al writes that even if the cup isn't completely full it is considered full for a kos shel bracha. [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 beginning)] quoting Rav Shlomo Zalman Auerbach</ref>

==Eating before Kiddish==
# Kiddush has to be made before eating/drinking because the Pasuk says "VeKarasa LiShabbos Oneg" <ref> Isiah </ref> "And you shall call to the [[Shabbos]] a delight", which the Rabbanan learn to mean that there has to be a "calling" to the [[Shabbos]], meaning saying Kiddush, prior to it being "a delight", refering to eating/drinking. <ref> Tosfot and Rosh Pesachim 110a</ref>
# It's Rabbinically <ref> Mishna Brurah 271:11 writes that the prohibition is only Rabbinic. </ref> forbidden to eat anything even water <ref> [[Maggid]] Mishna (Hilchot [[Shabbat]] 29:5) explains that the Rambam holds drinking water before [[Kiddish]] is permitted, while the Rashba (Sh"t 3:264) forbids it. Hagahot Maimon 29:5 in name of Maharam as well as the Tur 271:4 also forbid. Bet Yosef says that the Rambam is unclear and may hold that even water is forbidden. Shulchan Aruch 271:4 rules that even water is forbidden. </ref> before making [[Kiddish]] once the time for [[Kiddish]] has come. <ref> Pesachim 106b records a dispute whether one who tasted food before [[Kiddish]] can still make [[Kiddish]]. Bet Yosef 271:4 implies from there that Lechatchila, it's forbidden to eat or drink before [[Kiddish]]. Rambam (Hilchot [[Shabbat]] 29:5), Tur and Shulchan Aruch 271:4 all rule that it's forbidden to eat before making [[Kiddish]]. </ref> This applies to the nighttime and daytime Kiddush.<ref>Kitzur Shulchan Aruch 77:13</ref>
# If one takes [[Shabbat]] upon oneself early, it's forbidden to eat before making [[Kiddish]]. <ref> Magen Avraham in name of the Bach writes that it's forbidden to eat before making [[Kiddish]] if one accepted [[Shabbat]] early. </ref> Therefore, one can accept [[Shabbat]] early, make [[Kiddish]], and eat even before praying [[Arvit]] as long as it's not within a half hour of the time to say [[Arvit]]. <ref> Magen Avraham 271:5 writes that one is allowed to accept [[Shabbat]] early, and then make [[Kiddish]] to permit eating, all before praying [[Arvit]]. Beir Heitev 271:4 quotes this as halacha. Kitzur Shulchan Aruch 77:4 and Mishna Brurah 271:11 limit the permit to eat to when one is more than a half hour before nightfall as is the halacha everyday of not eating before [[Arvit]]. </ref>
# If one doesn't pray or take [[Shabbat]] upon oneself early The time that the prohibition begins from [[Bein HaShemashot]]. <ref> Magen Avraham 271, Mishna Brurah 271:11 and Ben Ish Chai Beresheet 17 write that the prohibition begins at [[Bein HaShemashot]]. </ref>
# Rinsing out one's mouth is permitted since one doesn't intend to get benefit from the water. <ref> Magen Avraham 271:5 writes that rinsing out one's mouth is permitted as it isn't called drinking. Bear Hetiev 271:4 and Mishna Brurah agree. However, Ben Ish Chai Beresheet 17 is more stringent and only permits if one was fasting and only during [[Bein HaShemashot]]. </ref>

== Timing==
#Ideally, one should say Kiddush as soon as one gets home from Shul on Friday night.<ref> Pesachim 106a learns that the primary way to do [[Kiddish]], a remembrance of [[Shabbat]] is with wine on Friday night because that's the beginning of the day (in the Jewish calendar). Shulchan Aruch, O”C 271:1 </ref>
#One can say [[Kiddish]] before nightfall if one accepts upon oneself [[Shabbat]] early. <ref> Magen Avraham writes that [[Kiddish]] can be made during the day if one accepts upon oneself [[Shabbat]] early. Many achronim including Kitzur Shulchan Aruch 77:2 and Mishna Brurah 271:11 concur. </ref>
#If one missed Kiddush on Friday night, it can and should be made up at any point during [[Shabbat]] day, which means that one would recite the longer Friday-night version of Kiddush on [[Shabbat]] day. <ref> The Gemara Pesachim 105a rules that if one missed saying [[Kiddish]] on Friday night one can make it up through the rest of [[Shabbat]]. Rambam (Hilchot [[Shabbat]] 29:4), Tur and Shulchan Aruch 271:8 rule like the gemara pesachim. This is agree upon by the achronim including Aruch HaShulchan 271:21, Ben Ish Hai (Bereshit 19), and Hacham Ovadia Yosef, in Halichot Olam. Aruch HaShulchan and Ben Ish Chai write that even if the person ate intentionally one should still make [[Kiddish]] the next day. Additionally, achronim including the Chaye Adam ([[Shabbat]] 6:2), Aruch HaShulchan 271:21, and Ben Ish Chai (Beresheet 19) hold that we don't say Vayichulu if the [[Kiddish]] is said during the day since Vayichulu was instituted for the incoming of [[Shabbat]]. [This finds it's source in the Magid Mishna (Hilchot [[Shabbat]] 29:4).] </ref>
# If one forgot to say [[Kiddish]] on Friday night and only remembered during [[Bein HaShemashot]] of Saturday, one should say [[Kiddish]] then with [[Shem UMalchut]], however, according to Ashkenazim as long as one davened any of the [[Shabbat]] [[prayers]], if one needs to make Kiddush during [[Bein HaShemashot]] it should be done without Shem Umalchut. <ref> Ben Ish Chai Beresheet 19 writes that one could argue that according to the Magen Avraham, once one prayed on [[Shabbat]] the obligation of [[Kiddish]] is only Derabbanan and whenever there is a doubt about a Derabbanan obligation one may be lenient (Safek Derabbanan Lekula). If this was the case, one should say that if it is [[Bein HaShemashot]] one no longer needs to say Kiddush. However, the Ben Ish Chai rejects such an argument because some commentators limit the Magen Avraham to a case where one doesn't have wine or one specifically had Kavana in [[davening]] to fulfill one's obligation. Therefore, the Ben Ish Chai rules that one can still make [[Kiddish]] during [[Bein HaShemashot]] with a Bracha because of the rule Safek Deorittah LeChumra just like if there's a doubt concerning [[Birkat HaMazon]]. Halichot Olam (vol 3, pg 25-7) agrees. However, the Mishna Brurah 271:39 (Shaar Hatziyun 47) rules that if one did say Tefillot [[Shabbat]] and it's [[Bein HaShemashot]], one should make the bracha without [[Shem UMalchut]]. See [http://www.dailyhalacha.com/Display.asp?ClipID=1866 Rabbi Mansour on Dailyhalacha.com]. </ref>

==Washing before or after Kiddish==
# One should make [[Kiddish]] before washing for bread. However, Bedieved, if one did wash with a bracha before making [[Kiddish]], according to Sephardim, one should make [[Kiddish]] on bread and not on wine. <ref>
* Tur 271:12 quotes Rav Amram Goan (Siddur vol 2, [[Siman 17]]) who wrote that one should make [[Kiddish]] on wine and then wash for bread, however, if one washed first one should make [[Kiddish]] on bread in accordance with Rav Bruna in Pesachim 106b. Rambam (Hilchot [[Shabbat]] 29:9-10) and the Ran in explaining the Rif (22a) concur. The Maharam MeRotenburg's (quoted by the Tur 271:12) practice was to make Kiddush before washing. Shulchan Aruch 271:12 rules that one should make Kiddush and then wash, however, if one washed first one should make Kiddush on the bread.
* Kaf HaChaim 271:76 adds that the Arizal (Shaar Kavanot 71c) agrees because the order should be kept as [[Kiddish]] being the completion of [[prayer]] and washing as the start of the meal. Gra 271:12, Maamer Mordechai 271:16, and Yalkut Yosef ([[Shabbat]] vol 1 pg 273) concur with Shulchan Aruch. Therefore, Sephardim shouldn't change from the ruling of Shulchan Aruch even Bedieved. However, the Kaf HaChaim 271:77 argues that Bedieved one should say [[Kiddish]] on wine because one has what to rely on. </ref> According to Ashkenazim, Bedieved one can make still make the [[Kiddish]] on wine and then have the bread. <ref> However, the Rashbam (Pesachim 106b), and Baal HaMoar (Pesachim 21b s.v. Amar Rav Bruna) explain the gemara differently than the Ran and say that lechatchila one should make [[Kiddish]] first, however if one doesn't one can still make [[Kiddish]] on wine. Rabbenu Tam (Pesachim 106b s.v. Mekadesh) and the Ri (Pesachim 106b s.v. Zimnin) hold that even Lechatchila one should wash before making [[Kiddish]] on wine. Hagahot Maimon 29:100, Sh"t Rashba 1:752, Rokeach (115), and Mordechai (Pesachim 106b; pg 37c) side with Rabbenu Tam and Ri. Such was the minhag of the Rosh (quoted by Tur 271:12) and the minhag of Ashkenaz as writes the Rama 271:12. The Taz 271:14 and Chaye Adam ([[Shabbat]] 6:12) rule that the Rama is only bedieved. Therefore, Mishna Brurah 271:62 writes that since many achronim side with Shulchan Aruch and one satisfies all opinions one should make [[Kiddish]] first, however Bedieved one can rely on the Rama to make [[Kiddish]] on wine if one did in fact wash first. Kaf HaChaim 271:77 adds in the name of the Bach that if one didn't make the bracha on [[Netilat yadayim]] one should make [[Kiddish]] on wine and then rewash so that one doesn't loose the [[Kiddish]] over wine. </ref>
# Nonetheless, some Ashkenazim have the Minhag (specifically German Jews) to specifically wash before making [[Kiddish]] over wine and they have what to rely on. <ref> See previous note. Rama 271:12 writes that such was the minhag of Ashkenaz to wash before [[Kiddish]]. The Bet Yosef 271:12 comments that he saw some Sephardim who had such a practice but sternly disagreed based on the Rif and Rambam. </ref>
# There is no difference concerning the order between the one making the [[Kiddish]] and other members of the family. <ref> Magen Avraham 271:26 in name of Hagahot Mordechai (it seems that he means Mordechai pg 37b), Bach 271:11 (s.v. VeleInyan) distinguish between the one making [[Kiddish]] and the other members of the family for whom [[Kiddish]] won't be an interruption. Kaf HaChaim 271:79 argues that there's no difference between the one making [[Kiddish]] and the other family members. </ref>
# If one's minhag is to wash first, it's forbidden to dilute the wine between the washing and [[Kiddish]] as that would be an interruption between washing and the meal. Some say one also shouldn't pour the wine from the bottle between washing and the meal as it constitutes an interruption. <ref> Magen Avraham 271:27 writes that even according to Rabbenu Tam (Pesachim 106 s.v. Mekadesh) that Lechatchila one can wash before [[Kiddish]], explains that Bet Hillel ([[Brachot]]) says to make [[Kiddish]] first in the case where one has to dilute the wine becasue diluting wine takes precision and is definitely an interruption. Magen Avraham adds that according to the stringent opinion in Shulchan Aruch 166:1 (which is the Tur based on the Yerushalmi) one should be strict not to make any interruption. The Magen Avraham is brought as halacha by the Tosfet [[Shabbat]] 271:34 and Kaf HaChaim 271:78. </ref>
# If by accident one washed one's hands for bread before [[Kiddish]], according to Sephardim one should make [[Kiddish]] on bread <ref>Shulchan Aruch 271:12 </ref> unless one person of the group hasn't yet washed and can perform [[Kiddish]] over wine for everyone else (by saying it aloud while they listen)<ref>Menuchat Ahava (vol 1 pg 143) [http://www.dailyhalacha.com/Display.asp?PageIndex=9&ClipID=960 see dailyhalacha] </ref> and according to Ashkenazim one should make [[Kiddish]] on wine. <ref>Mishna Brurah 271:62 </ref>

==Eating in the place one made Kiddish (Kiddush Bimakom Seuda)==
# In the place where one made [[Kiddish]] one should make sure to have a meal there.<ref>Shmuel in Gemara Pesachim 101a says that one should only say Kiddush in the place where one is going to have a meal. The Rosh (Pesachim 10:5) says that this is based on the pasuk "VeKarata LeShabbat Oneg" which Chazal explain with "Kriyah" as a reference to Kiddush and "Oneg" to the meal and so the pasuk means, in the place of Oneg one should have Kriyah. Shulchan Aruch 273:4 and Kitzur Shulchan Aruch 77:14 codify this as the halacha.</ref> This applies both for the nighttime and daytime Kiddush.<ref>Kitzur Shulchan Aruch 77:14</ref>
# One should begin to eat something immediately after [[Kiddish]]. After the fact, as long as one had intent to eat immediately one doesn't need to make [[Kiddish]] again even if one made a long interruption and had a Hesech HaDaat (interruption of thought). However, if one didn't have intent to eat right away and then made an interruption of 72 minutes a new Kiddush is needed. <ref> Preferably, Rama 273:3 writes that one should make one's meal immediately after [[Kiddish]]. Mishna Brurah 273:12 explains that preferably, one should eat one's meal right after [[Kiddish]] without waiting. However, Bedieved, Mishna Brurah 273:12 and Piskei Teshuvot 273:3 based on Aruch HaShulchan 263:1 write that one shouldn't make a new [[Kiddish]] even if one had a long break or made a change in place and returned to the place of the [[Kiddish]]. On the other hand, if one didn't have in mind to eat immediately and then made an interruption, Mishna Brurah 273:14 writes that a new Kiddush is needed. Halichot Olam (vol 3, pg 3) defines this interruption as 72 minutes. </ref>
## Even though Kiddush should be recited immediately prior to the meal, if there is a halachic need related to the meal to delay it, it is permitted. For example, the Kiddush at the seder on Pesach is made much in advance of the meal but it is acceptable since the Maggid is a necessary prerequisite to the meal.<Ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=15 (Kol Sinai Tevet 5724 p. 15)] writes that Maggid doesn't make the Kiddush before the meal not adjacent to the meal because the Maggid is necessary for the meal as we need to speak about the Matzah (Lechem Shonim Alav Devarim Harbeh). Halichot Shlomo of Rav Shlomo Zalman Auerbach (Moadim v. 2 p. 248 9:14) agrees and explains that the Maggid is intrinsically part of the meal and such was the establishment of chazal. See Rav Chaim Palagi Haggadah regarding how Maggid is an extension of Kiddush (like the Rif cited by Avudraham why there's no bracha on Maggid since Kiddush already fulfills the mitzvah of Maggid).</ref>
# In order to have [[Kiddish]] in the place where one eats and that the [[Kiddish]] is considered a proper [[Kiddish]], one must eat at least a [[Kezayit]] of [[mezonot]], bread, or a reviyit of wine. <ref> Shulchan Aruch 273:5 writes in name of the Geonim that one can fulfill the obligation to eat in the place of where one makes [[Kiddish]] by eating bread or wine. Magen Avraham 273:10 and Mishna Brurah 273:21 rule that a [[Kezayit]] is needed to fulfill this obligation. Mishna Brurah 273:25 comments that certainly [[mezonot]] fulfills the obligation as it's more significant than wine. Mishna Brurah 273:25 writes in name of Hagahot Rabbi Akiva Eiger and Tosefet [[Shabbat]] that wine doesn't fulfill one's obligation according to many and so one should only rely on this in cases of need. Piskei Teshuvot writes that it seems that there's a dispute between the Magen Avraham 273:11 and the Shaarei Teshuva 289:1 whether one can fulfill one's fulfill with [[mezonot]] that's not Pat HaBah Bekisnin. The Mishna Brurah 273:25 holds like the Magen Avraham and one can fulfill one's obligation by having any [[mezonot]]. Shemirat [[Shabbat]] KeHilchato 52:24, Sh"t Az Nidabru 8:31, Kiddush KeHilchato (pg 195), Sh"t Or Letzion (vol 2, 20:28), and Yalkut Yosef ([[Shabbat]] vol 1 pg 196; Halichot Olam (Vol 3, pg 1)) agree. </ref> Even though theoretically this applies also at night, one should be strict at night not to rely on this.<ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=13 (Kol Sinai Tevet 5724 p. 13)] writes that since some disagree with the geonim we shouldn't rely on them at night when Kiddush is Biblical.</ref>
# If someone is reciting kiddush in one room and someone else is hearing the kiddush in another room if the person listening to the kiddush is going to eat his meal in the room where he is that is considered kiddush in the place of the meal. The reason is that the one fulfilling his obligation of kiddush needs to be in the room where he is going to eat his meal and not where the person making kiddush is.<ref>Maharam Chalavah Pesachim 101a explains that they used to make kiddush in shul and people in a nearby room would hear the kiddush and fulfill their obligation and eat there. It is considered kiddush in the place where they're going to eat since they're fulfilling their obligation and they're the ones eating. The location of the making kiddush doesn't impact that. Tosfot Pesachim 101a s.v. dochlu implies otherwise. Nonetheless, the Bet Yosef 273:6 cites the Rabbenu Yerucham, Smag, and Hagahot Maimoniyot who agreed with Maharam Chalavah. Shulchan Aruch OC 273:6 holds like Maharam Chalavah. Rabbi Akiva Eiger 273:2 explains that those listening to the kiddush are like making kiddush themselves.</ref>

== Women ==
# The Mitzvah of Kiddush is unique in that women are obligated even though it is a Mitzvat Aseh She’Hazman Grama, based on a Talmudic derivation that since women are obligated by the prohibitions of [[Shabbat]], they are also obligated in the positive commandments of the day.<ref>On [[Berachot]] 20b, Rava says that women are obligated in [[Kiddish]] on a Deoritta level because the torah compares the positive and negative commandments of [[Shabbat]] by switching the terms "Zachor" and "Shamor" implying that anyone who is obligated in the negative commands is also obligated in the positive ones. Shulchan Aruch 271:2 and Kitzur Shulchan Aruch 77:4 codify this as the halacha. A woman's obligation applies both at night (Mishna Brurah 271:3) and during the day (Mishna Brurah 289:6). Maharam Chalava pesachim 106a "bayom mai" disagrees and says that women aren't obligated during the day </ref>
# Since women are obligated on a biblical level, they should either listen to their husband or hear another adult make [[Kiddish]] and answer [[Amen]], or say it themselves. <ref> Since women are obligated in [[Kiddish]] on a biblical level, they can definitely make [[Kiddish]] for themselves. Additionally since a man is obligated, a women can fulfill her obligation with the man's [[Kiddish]] as they both have a Deorittah obligation. According the Magen Avraham that one fulfills the Deorittah obligation in [[prayer]], if a man and women have both already prayed, they can fulfill each other's obligation since they have equal obligations. However, if the man prayed and the women didn't, then the man is obligated on a Rabbinical level and the women is obligated on a Biblical level. If so, Rav Yechezkel Landau in Dagul Mirvavah 271:2 asks, whether the women can't fulfill her obligation with the man's reading, or perhaps she can because nonetheless, men are able to fulfill the obligation of others using Arevim Zeh LaZeh (the side is also not definite because the Rosh ([[Brachot]] 3:13 last line) writes that women aren't included in Arevim). He leaves it unanswered and the Kitzur Shulchan Aruch 77:4 writes that it's preferable that women say the [[kiddish]] along with the one making [[Kiddish]] so that they are fulfilling their own obligation. However, the Sh"t Rabbi Akiva Eiger 1:7 argues that certainly women are included in Arevim Zeh LaZeh (and explains that the Rosh was talking about mitzvot that women are exempt from) and so a man with a Derabbanan obligation can fulfill a woman's obligation even if she is has a Deorittah obligation. Aruch HaShulchan 271:6 and Chazon Ovadyah ([[Shabbat]] vol 2 pg 24) concur. </ref>
# Technically a woman can fulfill the obligation of her husband and family though it isn't advised. <ref> Shulchan Aruch 271:2 writes that since women are obligated in [[Kiddish]] on a Deorittah level, they can fulfill the obligation of a man who also has such an obligation. Even though the Maharshal and Bach argue with this, the Taz, Magen Araham, Gra, Mishna Brurah 271:4 all agree with Shulchan Aruch that a women can fulfill the obligation of a man. Nonetheless, Eliyah Rabbah, Derech Chaim, and Mishna Brurah 271:4 write that it's preferable that a women not fulfill the obligation of men not in her family because it's not entirely appropriate. </ref>

==Children==
# Once a child has reached the age of [[chinuch]], they are required to hear the kiddush on [[Shabbat]]. Therefore in the event that the child did not hear kiddush, an adult may repeat kiddush on his behalf, even though the adult had already fulfilled this own obligation. <ref> Children in Halacha pg. 39 </ref>
==Sitting or standing for Kiddush==
# Many have the practice to sit for Kiddush, however, some have a Minhag to stand for [[Kiddish]]. <ref>
* (1) Sources that one should sit: Tosfot 43a writes that to be included in [[Kiddish]] one should sit. [Additionally, from the discussion of the Rambam (Hilchot Succah 6:12) writes that one the first night of [[Sukkot]] one should say the [[Kiddish]] standing so that one can make the bracha of LeShev BaSukkah before sitting down, implying that during the rest of the year one should say [[Kiddish]] sitting.]
* (2) Reasons one should sit: Mishna Brurah 271:46 brings the reason of the Kol Bo that one should sit as a part of [[Kiddish]] BeMakom Sueda making [[Kiddish]] in the place one will eat, and the reason of the Gra that because sitting represents an established setting and one is able to fulfill the obligation of others only is such a setting. Mishna Brurah extrapolates from the Gra's reasoning that even those who listen should preferably sit, and if they are not only standing but even moving here and there during [[Kiddish]] one certainly doesn't fulfill his/her obligation. Chaye Adam ([[Shabbat]] 6:13) writes that it's preferable to sit during [[Kiddish]] so one can see the cup (like the Rama writes 271:10 that one should look at the cup) and one's family as one makes [[Kiddish]].
* (3) Practices: Therefore, Shulchan Aruch 271:10 rules that one should stand for Vayichulu implying that one should sit for the rest of [[Kiddish]]. However, Arizal (quoted by Aruch HaShulchan 271:21) held one should stand for [[Kiddish]] out of respect for the [[Shabbat]] queen (similar to the reason Ashkenazim stand for [[Havdalah]], see Mishna Brurah 296:27). Lastly, Rama 271:10 writes that one is permitted to stand for the entire [[Kiddish]], but it's preferable to sit for [[Kiddish]]. Sh"t Igrot Moshe 5:16 writes that even the Rama only writes that it's permissible to stand for [[Kiddish]] but preferably one should sit, and so if one doesn't have a custom one should follow the Shulchan Aruch. </ref> Nonetheless, one should stand for Vayichulu. <ref> Shulchan Aruch 271:10 rules that one should stand for Vayichulu. Mishna Brurah 271:45 explains that the one should stand for Vayichulu because it acts as a testimony which in court would require one to stand. Rama 271:10 writes that the Minhag was to sit for Vayichulu except for the beginning of Vayichulu (during the words of Yom HaShishi Vayichulu HaShamayim because the first letter of those words spell Hashem's name). Mishna Brurah 271:47 explains that one can sit for Vayichulu because once one stood while it's said in Shul it can be said seated during [[Kiddish]]. Nonetheless, Mishna Brurah 268:19 writes that the minhag is like Shulchan Aruch to stand for Vayichulu. See further Rabbi Lebowitz's article on [download.yutorah.org/2009/1109/735392.pdf yutorah.org].</ref>
# For [[Shabbat]] day, the accepted custom is to sit. <ref> Rav Moshe Shternbuch (Teshuvot V’hanhagot #254) writes that even those who stand for Friday night Kiddush should sit for [[Shabbat]] day [[Kiddish]] because the reason of standing for Vayichulu and continuing doesn't apply as there is no Vayichulu, nor is there a [[Shabbat]] queen to greet. </ref>
# For [[Yom Tov]] Kiddush, many have the custom to sit, <ref> Sh"t Igrot Moshe 5:16 writes that the only reason to stand the entire [[Kiddish]] on [[Shabbat]] is because once one is standing for Vayichulu one can continue standing for the rest of the [[Kiddish]], however since there's no Vayichulu on [[Yom Tov]] one must sit according to all opinions. </ref>but some have the practice to stand.<ref>Aruch HaShulchan 271:24, Nitei Gavriel ([[Yom Tov]] vol 2, 29:18</ref>

==What to use for Kiddush?==
# One should use a full cup<ref>Gemara Brachot 51a, Shulchan Aruch 271:10. [http://www.yutorah.org/lectures/lecture.cfm/799059/Rabbi_Hershel_Schachter/Hilchos_Shabbos_4_-_Inyonei_Kiddush_and_Havdalah Rav Schachter ("Hilchos Shabbos 4", min 33-5)] based on Rabbenu Yonah holds that if the cup is two thirds full it is considered full.</ref> of wine for Kiddush. Some say that grape juice is considered equally suitable as wine<ref>Yachave Daat 2:35 writes that one can use grape juice for kiddush, and Hacham Ovadia's opinion is also found in Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 81. Or Letzion 2:20:18, Yesodei Yeshurun 3:214-215 and Mishneh Halachot 13:38 agree. [http://www.yutorah.org/lectures/lecture.cfm/799059/Rabbi_Hershel_Schachter/Hilchos_Shabbos_4_-_Inyonei_Kiddush_and_Havdalah Rav Schachter ("Hilchos Shabbos 4", min 90-2)] quotes Rav Moshe as allowing grape juice for Kiddush but saying it is best to avoid the dispute. An [http://www.torahlab.org/doitright/using_grape_juice_for_kiddush/ article on TorahLab.org] writes that the majority of poskim hold grape juice is fit for Kiddush.</ref>, while others disagree.<ref>Shemirat Shabbat Kehilchata 53:2 citing Rav Shlomo Zalman Auerbach concludes that preferably one shouldn't use grape juice for kiddush. Laws of Brachos p. 316 writes that one shouldn't use grape juice for kiddush.</ref> Regarding grape juice from concentrate see [[Grape_Juice_and_Wine#Beracha]].
# It is better to use red wine for Kiddush.<ref>Mishna Brurah 271:10; Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82</ref> If only white wine is available then one may make kiddush on it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82 </ref> If one has white wine it is preferable to use it for Shabbat day as opposed to Kiddush on Friday night.<ref>[http://www.yutorah.org/lectures/lecture.cfm/798611/Rabbi_Hershel_Schachter/Hilchos_Shabbos_3_-_Choleh_BeShabbos_&_Kiddush Rav Schachter ("Hilchos Shabbos 3" min 73)] quoting Rabbi Akiva Eiger</ref>
# One may only make kiddush on wine that is proper for nisuch on the mizbeach, therefore, malodorous wine may not be used. However, malodorous wine can be fixed by adding other wine to it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 78 </ref> Wine that has been sweetened with honey may still be used for kiddush (even though honey is an issue for nisuch on the mizbeach), the same ruling applies for all sweet wines. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 119 </ref>
# Mevushal wine may be used for kiddush. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 115 </ref>
# If wine tastes like wine but smells like vinegar then it is permissible for making kiddush, but if wine tastes like vinegar but smells like wine then it is prohibited for making kiddush. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82, based on Rambam, Hilchot Shabbat, Perek 29, Halachot 15 and 17, and S"A, Orach Chaim, 272:3 </ref>
# Ideally, one should not make kiddush on wine that has been left open overnight, nevertheless, bediavad one has fulfilled the obligation if he/she made kiddush on it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 78 </ref>
# It is permissible to use wine that was left open as long as it was stored in a closet or refrigerator. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 78 </ref>
===If there is no wine or grape juice===
# If one doesn't have wine on Friday night, kiddush should be recited on the bread and one should keep one's hands on the bread throughout the kiddush. <ref> Shulchan Aruch 272:9 writes that some say one should say kiddush on chamar medina, some say not to say kiddush at all, and some who say that bread should be used for kiddush because of its importance. Rama 279:2 comments that the minhag is like the last opinion. Kaf HaChayim 272:50 and Yalkut Yosef 272:16 write that Shulchan Aruch holds like the last opinion. Mishnah Brurah 272:28 says to put your hands on the [[challah]]. Rav Avigdor Neventzahl in his commentary on Mishna Brurah (Biyitzchak Yikare 272:28) says that one should actually hold the [[challah]]. </ref>
# If there's no wine available for [[Shabbat]] lunch one should use Chamar Medina for kiddush. If one doesn't even have Chamar Medina, one should just say hamotzi and eat the bread, and if he doesn't even have bread one may eat without [[Kiddish]]. <ref> Shulchan Aruch 289:2, Mishna Brurah 289:10. The logic behind not using bread for [[kiddish]] during the day is explained by Mishna Brurah 272:31 that if one were to recite the daytime [[kiddish]] over bread, it would be the same procedure as if he wasn't saying kiddush at all. Therefore, to make it apparent that we are saying [[kiddish]] also, we say a beracha that wouldn't normally be recited, even if that is a [[shehakol]]. As for the definition of chamar medina Mishnah Brurah 272:24 says that even beer is only permitted in a place where it is a common drink. Mishna Brurah 272:25 prohibits the use of milk or oil, and Mishna Brurah 272:30 permits the use of liquor. Rav Avigdor Neventzahl in Biyitzchak Yikare footnote 25 says that according to Rav Shlomo Zalman Auerbach milk is not allowed even in places where it is commonly used like Switzerland. He also says that juice, tea, or coffee maybe permitted but soda is definitely not because it is just like water. Rav Moshe Feinstein in Iggerot Moshe OC 2:75 defines chamar medina as something you would serve to guests who you want to show respect to. Also see [[Shevet Halevi]] 3:26 and 5:32 where Rav Vosner says even where you have wine, chamar medina can be used because in the times of the gemara, wine was far more widespread. Today however, most people do not drink wine so often so other drinks are not inferior to wine for [[kiddish]]. </ref>
# According to Sephardim, one should only use Chamar Medina for [[Shabbat]] lunch if the wine isn't available in the city and chamar medina is a popular drink in that city. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 124 </ref> If chamar medina is just expensive then one should use wine. <ref>Yalkut Yosef ([[Shabbat]], vol 1, pg 289) </ref> According to Ashkenazim, if the wine is expensive one may use Chamar Medina for the daytime [[Kiddish]] and one who uses wine is fulfilling a preferred mitzvah. <Ref>Mishna Brurah 272:29 </ref>
# One may not use soda for [[Kiddish]] because soda isn't considered Chamar Medina.<ref>Sh"t Igrot Moshe 2:75 rules that soda is just like water and can not be used for [[Kiddish]].</ref>

==Beracha Acharona for Kiddush==
# One should not say a breach acharona after kiddush, even though a reviit of wine was consumed, because saying birkat amazon at the end of the sueda covers kiddush.
==Mistakes in Kiddush of Yom Tov==
# In Kiddush of Yom Tov if someone said Mikadesh Yisrael and didn’t add Ve’hazmanim he didn’t fulfill his obligation.<ref> The Gemara Pesachim 117b has a dispute between the elders of Pumpedita and Rava in tefillah whether you should say Mikadesh Yisrael or Mikadesh Yisrael Vehazmanim on Yom Tov. In Kiddush everyone agrees that you should recite Mikadesh Yisrael Vehazmanim. Magen Avraham 487:1 writes that if in Kiddush someone only say Mikadesh Yisrael he didn’t fulfill his obligation. Kaf Hachaim 487:17 and Zichron Yonah Avodat Halevim 30:1 agree.</ref>
# In Kiddush of Yom Tov if someone said Mikadesh Hashabbat instead of Mikadesh Yisrael Ve’hazmanim he didn’t fulfill his obligation unless he fixed it within toch kdei dibbur.<ref>Regarding Tefillah, Shulchan Aruch 487:1 and Mishna Brurah 487:5 hold that the Shabbat conclusion doesn’t fulfill the obligation of the Yom Tov one. Mishna Brurah holds that it can be fixed within a toch kdei dibbur. Magen Avraham 487:2 implies that the same is true of kiddush. Zichron Yonah 30:2 writes so explicitly.</ref>
# If someone said the Yom Tov Kiddush for the main text of the bracha which mentions Yom Tov in the middle and then concluded with Mikadesh Hashabbat one doesn’t fulfill his obligation.<ref>Regarding Tefillah, the Magen Avraham 487:2 writes that mentioning Yom Tov in the middle is sufficient even with a wrong conclusion but he seems to retract that opinion. Mishna Brurah 487:4 concludes that one doesn’t fulfill one’s obligation. Zichron Yonah 30:2 applies this to Kiddush.</ref>
# If you forgot to say Shehechiyanu you can say it afterwards anytime during the Yom Tov, for Pesach and Sukkot until the end of the 7 days.<ref>Eruvin 40b, Mishna Brurah 473:1, Zichron Yonah 30:4</ref>
# In Kiddush of Yom Tov that fell out on Shabbat includes both Shabbat and Yom Tov. If one only said the kiddush of Shabbat or Yom Tov one doesn’t fulfill one’s obligation.<Ref>Shulchan Aruch 487:1 writes that if one said Shabbat kiddush on Yom Tov one doesn’t fulfill one’s obligation. Zichron Yonah 30:6 writes that if on Shabbat Yom Tov one said either the Shabbat or Yom Tov kiddush separately and not both one didn’t fulfill one’s obligation. Rivevot Efraim 4:117 agrees.</ref>
# If one said the middle of the kiddush correctly and in the conclusion he made a mistake and only mentioned Shabbat according to many poskim one fulfilled one’s obligation. If one said the middle of the kiddush correctly and in the conclusion he made a mistake and only mentioned Yom Tov according to many Ashkenazic poskim one didn’t fulfill one’s obligation but according to Sephardim one did fulfill one’s obligation.<ref>Regarding Tefillah there is a dispute between the Knesset Hagedola who holds that concluding with one of the two conclusions is sufficient and the Pri Chadash who disagrees. Biur Halacha 487:1 makes a compromise and says that if he mentioned Shabbat that is sufficient but if he only mentioned Yom Tov that is insufficient. Kaf Hachaim 487:20 holds that in all cases out of doubt he shouldn’t repeat the bracha. Zichron Yonah 30:7 applies this discussion to Kiddush.</ref>
# If one mentioned Yom Tov in Kiddush but not the specific one there’s a dispute if one fulfilled one’s obligation.<ref>Leket Shichacha Vtaut p. 397 writes that the Bet Yehuda 4 holds that one fulfills one's obligation if one mentioned Yom Tov but just didn't mention which Yom Tov it was, but the Mishna Brurah 427:11 holds that one doesn't fulfill one's obligation. Shemirat Shabbat Khilchata v. 2 p. 110 holds like the Mishna Brurah.</ref>

==Questions and Answers==
# Is it permissible to have [[Kiddish]] before [[Mussaf]]? [[Kiddush#eatingbeforemussaf|click here]]

== Sources ==
{{Reflist|2}}
[[Category:Brachot]]
[[Category:Holidays]]
[[Category:Pesach]]
[[Category:Shabbat]]
[[Category:Sukkot]]

Kiddush

2018-12-13T16:17:24Z

Ezralevy: /* If there is no wine or grape juice */

{{Good}}
[[Image:Kiddush Cup.JPG|200px|right]]
Before eating on [[Shabbat]] or [[Yom Tov]], both during the nighttime and daytime, '''Kiddush''' is recited over a cup of wine (preferably). The relevant halachot are detailed below:
==Obligation==
# The mitzvah of Kiddush is a Biblical commandment alluded to in the Ten Commandments. The Torah says, "זכור את יום השבת לקדשו" meaning "remember [[Shabbat]] to sanctify it," and one fulfills it by saying the text of [[Kiddish]] on Friday night. <ref> Rambam Sefer Hamitzvot Aseh 155, [[Chinuch]] 31, Smag Aseh 29, Sefer Hamitzvot of Rav Saadia Gaon Aseh 33 all count the mitzva to sanctify the [[shabbat]] with words based on this pasuk.
* Rambam (Hilchot [[Shabbat]] 29:1) writes that there is a positive biblical commandment to remember [[Shabbat]] based on the pasuk "זכור את יום השבת לקדשו" (Shemot 20:7). In 29:4, he writes that the primary time for the mitzvah is Friday night. Kitzur Shulchan Aruch 77:1 rules like the opinion of the Rambam. [However, it seems that Tosfot (Nazir 4a s.v. My Hee; first opinion) holds that the mitzvah of [[Kiddish]] is Derabbanan and the pasuk of Zachor is only an asmachta]. Tosafot Pesachim 106a “zochrayhu” states two opinions: 1) the cup of wine is diRabanan; 2) the cup of wine is diorayta, but the drinking is dirabanan. </ref> Many authorities consider Kiddush of [[Yom Tov]] to be Derabbanan, yet it shares all the same halachas of Kiddush of [[Shabbat]]. <Ref>Mishna Brurah 271:2, Nitei Gavriel ([[Yom Tov]] vol 2, 29:1)</ref>In addition, Chazal instituted that [[Kiddish]] be made over a cup of wine. <ref> Pesachim 106a states that the [[Kiddish]] is supposed to be said over a cup of wine. Tosfot (s.v. Zochrayhu; first opinion) and Rambam (Hilchot [[Shabbat]] 29:6) write that saying [[Kiddish]] over the cup of wine is Derabbanan. Tosfot's second opinion holds saying [[Kiddish]] over a cup of wine is Deoraittah, but drinking it is Derabbanan. </ref>
# Some authorities hold that the Biblical obligation is discharged with the [[prayer]] in Shul and that the [[Kiddish]] at home is entirely Derabbanan. <ref> Magen Avraham 271:1 writes that since the Rambam and Tosfot hold that the Deorittah part of [[Kiddish]] is that it is stated orally, one should be able to fulfill this obligation with one's [[Maariv]] [[prayer]] in Shul. This is quoted as halacha by the Bear Hetiev 271:2. However, there is a great discussion in the achronim and many argue on the Magen Avraham (Mishna Brurah 271:2 (based on the Tosfet [[Shabbat]] 271:3) argues that since one doesn't have intention to fulfill the obligation of Zachor, the [[prayer]] in shul doesn't fulfill the obligation of [[Kiddish]]). There is a dispute whether a women's lighting [[Shabbat]] candles can fulfill [[Kiddish]] Deoritta, Sh"t Mishneh Halachot 7:37 holding that it can fulfill the Deoritta obligation, while Sh"t Az Nidabru 12:1 strongly disagrees. </ref>
==Amount to Drink==
# The [[Kiddush]] cup itself must contain the volume of at least a reviis of one in order to be valid. The amount of a reviis is open to dispute. According to Rav Chaim Naeh, 3.2 fluid ounces is sufficient. According to Rav Moshe Feinstein, on Friday night one needs 4.42. During the day, Rav Moshe requires only 3.3 fluid ounces. <ref>Haggadat Kol Dodi, Mishna Brurah 183:9, Shaar HaTziyun 183:14</ref>
# In order to fulfill this obligation, one should drink most of a cup that contains at least a [[reviit]]. Some say one should only drink a Melo Lugmav (a cheekful) and some say one should preferably drink a [[Revi'it]].<ref>
* What is the minimum amount of wine one should drink for [[Kiddish]]? Shulchan Aruch 271:13 writes that for kiddush one must drink a Melo Lugmav, which is a cheekful and is the equivalent of the majority of a [[Revi'it]]. Kitzur Shulchan Aruch 77:9 agrees. Kaf HaChaim 271:83 and Or Letzion (vol 2, 20:22) write that it's preferable to drink a complete [[Reviyit]]. On the other hand, Beiur Halacha 174:6 s.v. VeChen writes that since there's a dispute whether the [[Birkat HaMazon]] will exempt the [[Bracha Achrona]] of the wine, one should preferably drink only a Melo Lugmav and not a [[Reviyit]]. Then he ends off by referencing the Shulchan Aruch's ruling in 190:3 and says that one should have intent that the [[Birkat HaMazon]] will exempt the wine before the meal. Yalkut Yosef ([[Shabbat]] vol 1, p 274) simply writes that one must drink a Melo Lugav and doesn't say it's preferable to drink a [[Reviyit]].
* See also Shulchan Aruch 190:3 who writes that because there is a dispute whether one is obligated to make a [[Bracha Achrona]] for a [[Kezayit]] or a [[Reviyit]] of wine, one shouldn't enter into that dispute and for a Kos Shel Bracha, when one needs to drink more than a Melo Lugmav, one's only option is to drink more than a [[Reviyit]]. Kaf HaChaim 271:84 quotes the Pri Megadim who explains that this doesn't apply to Kiddush before a meal since the [[Birkat HaMazon]] exempts the wine from a [[Bracha Achrona]].
* Mishna Brurah 272:30 rules that the obligation to have most of a [[Revi'it]] applies regardless of which drink you use for kiddush. Rav Tzvi [[Pesach]] Frank in Har Tzvi 1:159, however, says that since the Taz (210:1) holds that one would be obligated to say a beracha acharona on less than a [[Revi'it]] of liquor because less than that already is considered to be significant enough for a beracha acharona, the same would apply for how much you need to drink for [[kiddish]]. In regards to [[Bracha Achrona]], Mishna Brurah 190:14 based on the Magen Avraham 190 also writes that there's no difference between wine and other drinks in opposition to the Taz's opinion in that regard as well. </ref>
# For [[Kiddish]], the [[Revi'it]] should be considered to be 4.4oz. <ref>Haggadah Kol Dodi (Rabbi Dovid Feinstein, 5730, pg 4) writes that the [[Revi'it]] for kiddush on [[Shabbat]] (using the method of measuring finger-widths) should be 4.42 oz.</ref>

==Kiddish in Shul==
# In the days of the gemara, the Rabbis instituted saying [[Kiddish]] in shul for the travelers who would eat and drink in the Shul. Nowadays, when guests don't eat their meals in shul, some say that its proper not to say Kiddush in shul, while others uphold this minhag to say Kiddush in shul on Friday night. <ref>The Gemara Pesachim 100b discusses the custom to recite kiddush on Friday night in shul. The Tur 269 writes that saying Kiddush in shul was only established in order to fulfill the obligation of Kiddush for the guests who would eat their meal in shul. He says that nowadays that guests don't eat their meal in shul one shouldn't say Kiddush in shul. The Beit Yosef 269 quotes the Rabbenu Yonah, Ran, and Rashba who defend this practice of saying Kiddush in shul even if guests don't even their meal in shul. Additionally, the Rambam (Sh"t Harambam 37) writes that this minhag shouldn't be discontinued because all establishments that the rabbis made must remain even if the reason no longer applies. Rashba responsa 1:37 and Maharam Chalavah Pesachim 101a agree. Nonetheless, the Bet Yosef writes that the more proper minhag is not to say Kiddush in Shul. Shulchan Aruch 269:1 rules that some have this practice to say Kiddush in shul, but its better not to. Mishna Brurah 269:5 writes that the common minhag is to say Kiddush in shul and one shouldn't uproot it. Yalkut Yosef 269:2 writes that if there are some in shul who will not say Kiddush at their homes at all, it is not just justified but even encouraged to say Kiddush in shul, but otherwise a shul who doesn't yet have that and doesn't yet have an established minhag, shouldn't say the kiddush in shul. He continues that whatever shul already has the minhag to say it, they should not be stopped because this minhag has its basis.
* Sh"t Yachin Uboaz 118 writes that that the Rashbetz wouldn't answer [[amen]] to the kiddush in shul because of the safek beracha livatala.</ref>
# This minhag applies to [[Shabbat]] and [[Yom Tov]] except for the first day of [[Yom Tov]] of [[Pesach]] (and second in Chutz LaAretz). <ref>Mishna Brurah 269:5, BeYitchak Yikare adds second day in chutz la'aretz </ref>
# The one making [[Kiddish]] in shul shouldn't drink from the wine but rather give it to children to drink. Some say that the children should be below the age of [[chinuch]] (6 or 7) while others say that it's better to give it a child above that age. If it is not possible to find a child to drink the wine, an adult should drink it but should make sure to drink a [[Reviyit]] or more, say a [[Bracha Achrona]], and have intent to fulfill the mitzvah of [[kiddish]]. <Ref>Shulchan Aruch 269, Mishna Brurah 269:1, Yalkut Yosef 269:2. The Magen Avraham 269:1 explains that it is permitted to have the child drink the kiddush wine even though his meal isn't there and it is like eating before kiddush. He explains it is permitted for a child to eat before kiddush for several reasons: 1) Since eating before kiddush is a prohibition implied from a mitzvah it isn't an issue of feeding something forbidden to children. (Yalkut Mefarshim on Ran Yoma 3a agrees.) 2) Since the prohibition is only related to time and not intrinsic to the food it is permitted to feed to children. (Meor Yisrael Ymoa 78b agrees.) 3) According to the Geonim it is permitted to just have the cup of kiddush without the meal there and for children that is sufficient to rely upon. 4) According to the Rashba and Ran it is permitted to feed a child a rabbinic prohibition. </ref>
# The minhag is to stand for [[kiddish]] in shul. <ref> Rama 269:1 </ref>

==Kiddish at night==
# On Friday night, one should hurry home after shul to bring in the [[Shabbat]] and not taryy in conversation at shul. <ref> Yalkut Yosef [[Shabbat]] 1 271:1 </ref>
# Kiddush at night is considered greater than the Kiddush of the day.<ref> The Ran on Gemarah Pesachim 106a says that the [[Kiddish]] of the night is Deoritta while that of the day is Derabbanan. </ref> Therefore, if one has two bottles of wine the better bottle should be used for Kiddush at night. (However, the day is considered greater in general and should have the better selection by everything else). <ref> Gemarah Pesachim (105a)</ref>
# The text of [[Kiddish]] includes Yom HaShishi, which are pesukim describing [[Shabbat]], and two [[Brachot]], Borei Peri HaGafen, and Mekadesh Ha[[Shabbat]]. <ref> Rambam (Hilchot [[Shabbat]] 29:7) writes that the order of [[Kiddish]] is Vayichulu (which are pesukim said based on Minhag), the Borei Pri Hagefen and then Mikdash Ha[[Shabbat]] (the text of which can be found in Rambam 29:2). </ref>
# When reciting [[Kiddush]] on Friday night, we say the words "ויהי ערב ויהי בקר" - "Vayihi erev vayihi boker" quietly before saying "יום הששי" Yom Hashishi. While we generally avoid reciting Pesukim in ways which differ from their presentation in the Torah<ref>Tanit 27b, [[Megillah]] 22a. "כל פסוקא דלא פסקיה משה אנן לא פסקינן".</ref>, nonetheless we only say the second part, and don't say the first part of the Pasuk quietly because Chazal understand the words "טוב מאד" as a reference to death. However, there is debate whether one is allowed to say only part of a Pasuk so some are careful to add the rest of the Pasuk ''Vayar Elokim Et Kol Asher Asa Vehini Tov Meod, Veyihi Erev Vayihi Boker Yom Hashishi''.<ref>Rama 271:10, Levush 271:10, Aruch HaShulchan 271:25, Chatom Sofer OC 10. Chatom Sofer OC 1:51 explains the minhag is based on the fact that we want to mention yom hashishi before vayichulu hashamayim since there’s an acrostic of Hashem’s name of the first letter of each of those four words. But since we don’t want to mention only two words from a pasuk since it is meaningless we include a whole phrase. However, we don’t want to say the whole pasuk since the midrash says that there’s a reference to death in the beginning of the pasuk. [http://www.havabooks.co.il/sms.asp?cat=6 Rav Aviner] Nefesh Harav (p. 159) quotes Rav Soloveitchik as having the practice to say the beginning part of the pasuk quietly to himself. He also cites this as the practice of the Steipler (Orchot Rabbenu v. 1 p. 109).</ref>

==Kiddish of the day==
# The text of [[Kiddish]] during the day is just Borei Pri Hagefen. <ref> The Gemara Pesachim 106a states that the primary [[Kiddish]] is at night, but there's also a [[Kiddish]] of the day. Even though it seems to be Deorittah as the gemara learns it from a pasuk, the Rishonim agree that the pasuk is only an asmachta (Ravad and Magid Mishna (Hilchot [[Shabbat]] 29:10), quoted by Bear Heitiv 289:2) and the obligation of [[Kiddish]] during the day is only Rabbinic. The gemara concludes that the text of such a [[Kiddish]] is just Borei Pri [[HaGefen]]. Rambam (Hilchot [[Shabbat]] 29:10) and Shulchan Aruch 289:1 rule this as halacha. </ref> However, many have the minhag to say Pesukim before saying the Bracha. Some say two paragraphs<ref> Siddur </ref>, "Veshamaroo" and "Zachor" and others have the minhag to add another paragraph before these starting with "Im tashiv Mishabbos Raglecha" which are the Pesukim in Yeshaya which inlude the Pasuk from which the obligation of making Kiddush is derived. Many skip to the last sentence of "Zachor" starting with "Al cen berach" before saying the bracha on the wine.
# It's forbidden to taste anything before [[Kiddish]]. <ref> Rambam (Hilchot [[Shabbat]] 29:10) and Shulchan Aruch 289:1 rule that since there's an obligation to make [[Kiddish]] it's forbidden to eat anything before [[Kiddish]] just like the [[Kiddish]] of Friday night. </ref>
# If one is thirsty it is permissible to drink water before [[Shacharit]] on [[Shabbat]] day since the obligation of [[Kiddish]] doesn't apply until one prayed. <ref> Tur writes in the name of his father, the Rosh, and Shulchan Aruch 289:1 </ref>
# Someone who is sick and needs to eat before davening on Shabbat, according to Ashkenazim should recite Kiddush beforehand unless one doesn't eat a kezayit of mezonot within a kdei achilat pras,<ref>Mishna Brurah (Biur Halacha 289:1 s.v. chovat) and Igrot Moshe OC 2:26:2 write that someone who is sick and needs to eat before davening on Shabbat should make kiddush unless he doesn't need to eat pat haba bekisnin. Piskei Teshuvot 289:8 note 63 writes that the best option is for the sick person not to have a kezayit of pat haba bekisnin within a kedi achilat pras which wouldn't obligate kiddush.</ref> while according to Sephardim it isn't necessary.<Ref>Yabia Omer OC 8:31 and Or Letzion 2:20:14 write that someone who is sick and needs to eat before davening on Shabbat does not need to make kiddush. See also Kaf Hachaim 276:28 who is lenient in extenuating circumstances. See Chazon Ovadia (Shabbat v. 2 p. 149) where Rav Ovadia recommends that a sick person who needs to eat bread or pat haba bekisnin before davening should recite kiddush.</ref>

==Pouring Off==
# A person shouldn’t pour off to the other cups between the kiddush and drinking. If he is sick and worried about others drinking from his cup he can pour off but should make sure to leave a reviyit in the cup when he drinks.<ref>
* Piskei Teshuvot 271:32 quotes the Mishnat Yosef 4:35 who says that initially one shouldn't pour off before drinking because one should drink from a cup with a reviyit and also so that it shouldn't look like a disgrace to the mitzvah (bizuy mitzvah, see Mishna Brurah 296:4 and Eliya Rabba 271:23). However, if he’s sick he can pour off some and then drink from the cup which still has a reviyit. [https://www.yutorah.org/sidebar/lecture.cfm/898548/rabbi-hershel-schachter/berachos-92-47a-kiddusha-rabba-ii-bracha-al-hakos-ad-sheyitom-hamevarech-answering-amen/ Rav Hershel Schachter (Brachot Shiur 92 min 44)] agreed that one shouldn’t pour off so much that there’s not a reviyit left before you drink. He holds like the Magen Avraham as will be explained.
* Should the cup one drinks from have a reviyit? Tosfot Pesachim 105b s.v. shema writes that one must drink from a cup that has a reviyit and not pour off some of the cup into another cup and drink. Agudah Pesachim 10:84 and Ritva Pesachim 105b s.v. shema agree. Magen Avraham 271:24 rules like Tosfot. Mishna Brurah 271:51 agrees. Shulchan Aruch 271:11 seems not to hold like Tosfot but see Eliya Rabba 271:23 who defends Shulchan Aruch but also accepts Tosfot. Korban Netanel Pesachim 10:200 writes that in fact the Rosh, Rabbenu Yerucham, and Shulchan Aruch disagree with Tosfot and you don’t have to drink from a cup with a reviyit. Netiv Chaim 271:11 agrees. Rabbi Akiva Eiger Pesachim 105b discusses whether the proof of the Korban Netanel is conclusive.</ref>
# The one reciting kiddush doesn't have to pour off into their cups unless their cups are invalid for kiddush as they drank from them already. In such a case the one reciting kiddush can pour off from his cup into the others so that they are considered valid for kiddush.<ref>Tosfot Pesachim 106a s.v. gachin, Tosfot Brachot 47a s.v. ein, Rosh Pesachim 10:16, Rosh Brachot 7:15, Shulchan Aruch OC 271:17</ref>
==Listening to Kiddush==
# Those who are listening to the kiddush shouldn't drink until the making the kiddush drinks.<ref>Gemara Brachot 47a</ref> However, if they each have their own cup they may drink without waiting.<ref>Yerushalmi Brachot 6:1, Tosfot Brachot 47a s.v. ein, Tosfot Pesachim 106a s.v. gachin, Rashba Brachot 47a s.v. amar, Maharam Chalavah Pesachim 106a s.v. chazyey, Shulchan Aruch 271:16</ref>
# Those listening don't need to drink a melo lugmav and any amount is sufficient.<ref>The Levush 271:14 writes that those listening should drink a melo lugmav. However, the Maggid Mishna Shabbat 29:7 writes that those listening only need to drink a bit and not melo lugmav. The Taz 271:17, Eliya Rabba 271:29, and Mishna Brurah 271:71 follow the Maggid Mishna.</ref>
# Those listening to kiddush don't have to drink to fulfill their obligation but it is a mitzvah for them to drink.<ref>
Eruvin 40b and Pesachim 108b imply that only the one drinking needs to drink and no one else but Pesachim 106a and perhaps 108b imply that everyone listening should drink. The Rosh Pesachim 10:16 writes that although each person listening to kiddush doesn't need to drink wine to fulfill his obligation, there is nonetheless an added mitzvah to do so. Maharam Chalavah Pesachim 101a holds those listening don't need to drink. Tosfot Pesachim 99b s.v. lo originally assumes that those listening to the kiddush don't need to drink but afterwards questions that assumption. The Rambam Shabbat 29:7 implies that there is an obligation for everyone to drink. Maggid Mishna 29:7 just adds that those listening don't need to drink a melo lugmav. Shulchan Aruch OC 271:14 rules like the Rosh that as long as the one reciting kiddush drinks that is sufficient for everyone to fulfill their obligation but it is a mitzvah for them to drink. Mishna Brurah 271:83 agrees.</ref> They don't need their own cup and may drink from the cup of kiddush.<ref>Shulchan Aruch 271:14</ref> It isn't considered invalid for kiddush after the one reciting the kiddush drank and then they drink.<ref>Shaar Hatziyun 271:89 explains that even though if those listening had their own cup they should ensure that the cup should be valid for kiddush and not drunk from beforehand, however, if they are drinking from the kiddush cup after the one who recited kiddush drank it isn't considered invalid as their drinking is considered part of the original drinking of the one who recited kiddush.</ref>
# If those listening want to have their own cup to fulfill this added mitzvah to drink wine after kiddush they may do so. If they do so they should have a cup that is valid for kiddush and we view it as though they are all reciting their own kiddush over their cup of wine.<ref>Rosh Pesachim 10:16 writes that the wine in each person's cup has to be fixed and not drunk from beforehand in order for them to use it for drinking at kiddush even though they aren't reciting the kiddush. He explains that since they are listening to kiddush and going to drink wine from their own cup it is considered as though they are reciting their own kiddush over their own cup. If so that cup should be valid for kiddush. Tosfot Pesachim 106a s.v. hava, Tosfot Brachot 47a s.v. ein, Rashba Brachot 47a s.v. amar, Tur 182:4, and Ohel Moed 6:6 cited by Bet Yosef 182:2 agree. The Shulchan Aruch OC 271:17 accepts the Rosh.
* The Tiferet Shmuel on Rosh Pesachim 10:15:10 seems to have another understanding of the Rosh in which he assumes that those who are listening to the kiddush and have their own cups don't need their cups to be valid for kiddush and may be drunk from beforehand (like the Raah). However, the Divrei Chamudot Pesachim 10:15:36 understood the Rosh as above.</ref> Some disagree.<ref>The Raah cited by Bet Yosef 182:4 writes that those listening don't have to have valid cups for kiddush. The Shulchan Aruch 182:4 cites that opinion as a minority view.</ref>
# Some say that for kiddush by day those listening to kiddush must drink from the kiddush cup.<ref>
[https://www.yutorah.org/sidebar/lecture.cfm/856129/rabbi-hershel-schachter/inyonei-sefiras-haomer-nowadays-women-before-kiddush-beit-din-bein-hashmashos-shomea-keoneh/ Rav Schachter Inyonei Sefirat Haomer 5776 towards the very end] quoted the Torah Temimah, Netsiv, and Rav Velve Soloveitchik that one doesn’t fulfill one’s obligation if one doesn’t drink wine at the kiddush of the day specifically since it really is only a birchat hanehenin and not a bracha of a mitzvah. However, in [https://www.yutorah.org/sidebar/lecture.cfm/898548/rabbi-hershel-schachter/berachos-92-47a-kiddusha-rabba-ii-bracha-al-hakos-ad-sheyitom-hamevarech-answering-amen/ Brachot Shiur 92 (min 23)] he quoted that Rav Chaim was upset with this chiddush of the Netsiv and not everyone has to drink at the daytime kiddush. Teshuvot Vehanhagot 3:243 cites this dispute between the Brisker Rav and Rav Chaim.</ref>

==Eating before Mussaf==
# <div id="eatingbeforemussaf"></div> Once the time for [[Mussaf]] (from [[Olot HaShachar]]) it’s forbidden to eat a meal (more than a [[KeBaytzah]] of bread) before praying [[Mussaf]], however, it’s permissible to have a [[KeBaytzah]] of bread or a lot of fruit. <Ref>The Gemara [[Brachot]] 28b writes that the halacha doesn’t follow Rav Huna who says that it’s forbidden to taste any food before praying [[Mussaf]]. The Tur 286:3 writes that even though we don’t hold like Rav Huna we only permit have a snack but a meal is forbidden. The Bet Yosef quotes the Raavad, Rashba, and perhaps the Rabbenu Yerucham who agree. S”A 286:3 writes that it’s forbidden to eat a meal before praying [[Mussaf]] but it’s permissible to have a snack. The Magen Avraham 286:2 writes that the snack is the same as before [[Mincha]] where S”A 232:3 writes that one may have a [[KeBaytzah]] of bread and a lot of fruit but not more. Kitzur Shulchan Aruch 77:15 agrees. See Rav Mordechai Eliyahu's comment on Kitzur Shulchan Aruch 77:15 where he writes that we only rely on this in situations of pressing need.</ref>
# The custom is to be lenient to permit eating even more than a Kabaytzah of baked [[Mezonot]] (cakes and cookies) before [[Mussaf]] after having made [[Kiddish]]. <Ref>Shaar HaTziyun 286:7 writes that the measure for a meal before [[mussaf]] in regards to baked [[mezonot]] is the same as by [[Sukkah]]. Mishna Brurah 639:15-6 (regarding [[Sukkah]]) quotes some who say that if one establishes a meal out of the [[Pas HaBah Bekisnin]] certainly it requires a [[Sukkah]]. However, if one didn’t have it as a meal if one had more than a [[KeBaytzah]] then there’s a dispute whether one needs a [[Sukkah]] and if one eats less than a [[KeBaytzah]] then certainly it doesn’t require a [[Sukkah]]. Nonetheless, Halichot Shlomo ([[Tefillah]] 14:9, pg 179-80) writes that the minhag is to lenient to have even more than a Kabaytzah of baked [[mezonot]]. </ref>
# If one does eat before [[Mussaf]] one must first do [[Kiddish]] and have a [[Revi'it]] of wine or eat a [[Kezayit]] of baked [[mezonot]] (cakes and cookies) in order to fulfill [[Kiddish]]. <Ref>Magen Avraham 286:1, Beiur Halacha 286:3 s.v. Achilat, Mishna Brurah 286:7, Shemirat [[Shabbat]] KeHilchata 52:17</ref>

==The Cup for Kiddish==
# Some authorities say that one may not use a plastic or paper cup for [[Kiddish]], however, many authorities permit but agree that it's preferable to use a real cup. <ref> Sh"t Igrot Moshe O"C 3:39 forbids using a plastic or paper cup as they aren't considered a nice cup and it's worse off than a broken cup (which is forbidden by Shulchan Aruch 183:3. Mishna Brurah 183:11 says that even if it is just the base that is cracked one should still be strict.) The Radiance of [[Shabbos]] (page 44) points out that this doesn't depend on the quality of the plastic at all. [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 min 25-30)] agrees with Rav Moshe.
* However, Sh"t Tzitz Eliezer 12:23 differentiates between a cup that would be used for hot liquids and could be reused and one that's ruined after it's first use. Even if one personally doesn't reuse it, it is still considered a kli. This is true for kiddush, [[havdala]], and [[netilat yadayim]]. Sh"t Beer Moshe 5:55 on the other hand, only allows cup that are commonly reused and therefore only permits plastic cups and not paper cups, or small shot glasses because those are rarely reused.
* Sh"t Az Nidabru 6:49 is the most lenient allowing any disposal cup, however, it's still preferable to use a better cup as a hidur mitzvah. Shevut Yitzchak (vol 1, 4:5, pg 48) in name of Rav Elyashiv and Chazon Ovadyah ([[Shabbat]] vol 2 p. 56) concur with the lenient opinion. See further: [http://www.yutorah.org/lectures/lecture.cfm/727120/Rabbi_Aryeh_Lebowitz/kiddush_with_disposable_cups Rabbi Aryeh Lebowitz on yutorah.org]. Although many poskim, say that using two plastic cups doesn't help at all, see [http://www.yeshiva.org.il/ask/?id=62394 Rav Dov Lior] for the explanation of that practice, though he writes that he doesn't necessarily think that it helps the issue. </ref> After the fact one fulfilled one's obligation even if one holds one shouldn't use a disposable cup.<ref> Mishna Brurah 183:10 writes that the entire concept of having a cup for kiddush that is complete is important initially but after the fact isn't critical and one fulfills one's obligation. Therefore, [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 min 25-30)] explained that Rav Moshe who invalidated a disposable cup for kiddush because it is like it is already broken would agree that after the fact one fulfilled one's obligation.
* Rashba 51a s.v. ha writes that if a person doesn’t have one of the four major rules of a kos shel bracha a person doesn’t fulfill their obligation, the others are enhancements initially. Meiri 51a s.v. asara quote some who said that they are all only critical initially. Mishna Brurah 183:10 implies that we follow the Meiri. Maaseh Rav n. 86 follows the Rashba that it would prevent fulfilling one's obligation.</ref>
# The cup of [[Kiddish]] should be rinsed out before being used if it isn't already clean. <ref> The Gemara Brachot 51a establishes that the kos shel bracha should be cleaned on the inside and outside before it is used. Shulchan Aruch OC 183:1 codifies this gemara but adds that it is only necessary if the cup is dirty but if it is clean it doesn't need to be cleaned out. Chaye Adam ([[Shabbat]] 6:13) agrees. Mishna Brurah 183:3 writes that it is proper to clean it out unless it is completely clean. </ref> According to Kabbalah one should still clean out the cup in the inside and outside even if it is clean.<ref>Kaf Hachaim 183:4</ref>
# Some say it is a nice practice to surround the kiddush cup with six small cups of wine. The minhag isn't concerned for this opinion.<ref>Gra in Maaseh Rav n. 174 states that it is nice to have six small cups surrounding the main kiddush cup. His reason is that this is the practice of Itur of the Gemara Brachot 51a and even though the gemara says we don't have that practice the gemara only meant that it isn't critical but it is still a nice practice. Kaf Hachaim 183:3 writes that it isn't our practice since we try to follow the other explanation of Itur is having talmidei chachamim around the table, which isn't always possible but when it is that's the main method to add significance to the kiddush. </ref>
# The kiddush cup should be full.<ref>Gemara Brachot 51a, Shulchan Aruch OC 183:2</ref> If a person is afraid of spilling it is sufficient that it is almost full such as leaving it a quarter of an inch below the top.<ref>Taz 183:4 writes that the practice of not filling up the cup to the very top is because of a concern that it will spill and make a mess. Kaf Hachaim 183:13 adds to the Taz that it isn't considered not full if it is almost full. Similarly, Rabbenu Yonah 37b s.v. al writes that even if the cup isn't completely full it is considered full for a kos shel bracha. [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 beginning)] quoting Rav Shlomo Zalman Auerbach</ref>

==Eating before Kiddish==
# Kiddush has to be made before eating/drinking because the Pasuk says "VeKarasa LiShabbos Oneg" <ref> Isiah </ref> "And you shall call to the [[Shabbos]] a delight", which the Rabbanan learn to mean that there has to be a "calling" to the [[Shabbos]], meaning saying Kiddush, prior to it being "a delight", refering to eating/drinking. <ref> Tosfot and Rosh Pesachim 110a</ref>
# It's Rabbinically <ref> Mishna Brurah 271:11 writes that the prohibition is only Rabbinic. </ref> forbidden to eat anything even water <ref> [[Maggid]] Mishna (Hilchot [[Shabbat]] 29:5) explains that the Rambam holds drinking water before [[Kiddish]] is permitted, while the Rashba (Sh"t 3:264) forbids it. Hagahot Maimon 29:5 in name of Maharam as well as the Tur 271:4 also forbid. Bet Yosef says that the Rambam is unclear and may hold that even water is forbidden. Shulchan Aruch 271:4 rules that even water is forbidden. </ref> before making [[Kiddish]] once the time for [[Kiddish]] has come. <ref> Pesachim 106b records a dispute whether one who tasted food before [[Kiddish]] can still make [[Kiddish]]. Bet Yosef 271:4 implies from there that Lechatchila, it's forbidden to eat or drink before [[Kiddish]]. Rambam (Hilchot [[Shabbat]] 29:5), Tur and Shulchan Aruch 271:4 all rule that it's forbidden to eat before making [[Kiddish]]. </ref> This applies to the nighttime and daytime Kiddush.<ref>Kitzur Shulchan Aruch 77:13</ref>
# If one takes [[Shabbat]] upon oneself early, it's forbidden to eat before making [[Kiddish]]. <ref> Magen Avraham in name of the Bach writes that it's forbidden to eat before making [[Kiddish]] if one accepted [[Shabbat]] early. </ref> Therefore, one can accept [[Shabbat]] early, make [[Kiddish]], and eat even before praying [[Arvit]] as long as it's not within a half hour of the time to say [[Arvit]]. <ref> Magen Avraham 271:5 writes that one is allowed to accept [[Shabbat]] early, and then make [[Kiddish]] to permit eating, all before praying [[Arvit]]. Beir Heitev 271:4 quotes this as halacha. Kitzur Shulchan Aruch 77:4 and Mishna Brurah 271:11 limit the permit to eat to when one is more than a half hour before nightfall as is the halacha everyday of not eating before [[Arvit]]. </ref>
# If one doesn't pray or take [[Shabbat]] upon oneself early The time that the prohibition begins from [[Bein HaShemashot]]. <ref> Magen Avraham 271, Mishna Brurah 271:11 and Ben Ish Chai Beresheet 17 write that the prohibition begins at [[Bein HaShemashot]]. </ref>
# Rinsing out one's mouth is permitted since one doesn't intend to get benefit from the water. <ref> Magen Avraham 271:5 writes that rinsing out one's mouth is permitted as it isn't called drinking. Bear Hetiev 271:4 and Mishna Brurah agree. However, Ben Ish Chai Beresheet 17 is more stringent and only permits if one was fasting and only during [[Bein HaShemashot]]. </ref>

== Timing==
#Ideally, one should say Kiddush as soon as one gets home from Shul on Friday night.<ref> Pesachim 106a learns that the primary way to do [[Kiddish]], a remembrance of [[Shabbat]] is with wine on Friday night because that's the beginning of the day (in the Jewish calendar). Shulchan Aruch, O”C 271:1 </ref>
#One can say [[Kiddish]] before nightfall if one accepts upon oneself [[Shabbat]] early. <ref> Magen Avraham writes that [[Kiddish]] can be made during the day if one accepts upon oneself [[Shabbat]] early. Many achronim including Kitzur Shulchan Aruch 77:2 and Mishna Brurah 271:11 concur. </ref>
#If one missed Kiddush on Friday night, it can and should be made up at any point during [[Shabbat]] day, which means that one would recite the longer Friday-night version of Kiddush on [[Shabbat]] day. <ref> The Gemara Pesachim 105a rules that if one missed saying [[Kiddish]] on Friday night one can make it up through the rest of [[Shabbat]]. Rambam (Hilchot [[Shabbat]] 29:4), Tur and Shulchan Aruch 271:8 rule like the gemara pesachim. This is agree upon by the achronim including Aruch HaShulchan 271:21, Ben Ish Hai (Bereshit 19), and Hacham Ovadia Yosef, in Halichot Olam. Aruch HaShulchan and Ben Ish Chai write that even if the person ate intentionally one should still make [[Kiddish]] the next day. Additionally, achronim including the Chaye Adam ([[Shabbat]] 6:2), Aruch HaShulchan 271:21, and Ben Ish Chai (Beresheet 19) hold that we don't say Vayichulu if the [[Kiddish]] is said during the day since Vayichulu was instituted for the incoming of [[Shabbat]]. [This finds it's source in the Magid Mishna (Hilchot [[Shabbat]] 29:4).] </ref>
# If one forgot to say [[Kiddish]] on Friday night and only remembered during [[Bein HaShemashot]] of Saturday, one should say [[Kiddish]] then with [[Shem UMalchut]], however, according to Ashkenazim as long as one davened any of the [[Shabbat]] [[prayers]], if one needs to make Kiddush during [[Bein HaShemashot]] it should be done without Shem Umalchut. <ref> Ben Ish Chai Beresheet 19 writes that one could argue that according to the Magen Avraham, once one prayed on [[Shabbat]] the obligation of [[Kiddish]] is only Derabbanan and whenever there is a doubt about a Derabbanan obligation one may be lenient (Safek Derabbanan Lekula). If this was the case, one should say that if it is [[Bein HaShemashot]] one no longer needs to say Kiddush. However, the Ben Ish Chai rejects such an argument because some commentators limit the Magen Avraham to a case where one doesn't have wine or one specifically had Kavana in [[davening]] to fulfill one's obligation. Therefore, the Ben Ish Chai rules that one can still make [[Kiddish]] during [[Bein HaShemashot]] with a Bracha because of the rule Safek Deorittah LeChumra just like if there's a doubt concerning [[Birkat HaMazon]]. Halichot Olam (vol 3, pg 25-7) agrees. However, the Mishna Brurah 271:39 (Shaar Hatziyun 47) rules that if one did say Tefillot [[Shabbat]] and it's [[Bein HaShemashot]], one should make the bracha without [[Shem UMalchut]]. See [http://www.dailyhalacha.com/Display.asp?ClipID=1866 Rabbi Mansour on Dailyhalacha.com]. </ref>

==Washing before or after Kiddish==
# One should make [[Kiddish]] before washing for bread. However, Bedieved, if one did wash with a bracha before making [[Kiddish]], according to Sephardim, one should make [[Kiddish]] on bread and not on wine. <ref>
* Tur 271:12 quotes Rav Amram Goan (Siddur vol 2, [[Siman 17]]) who wrote that one should make [[Kiddish]] on wine and then wash for bread, however, if one washed first one should make [[Kiddish]] on bread in accordance with Rav Bruna in Pesachim 106b. Rambam (Hilchot [[Shabbat]] 29:9-10) and the Ran in explaining the Rif (22a) concur. The Maharam MeRotenburg's (quoted by the Tur 271:12) practice was to make Kiddush before washing. Shulchan Aruch 271:12 rules that one should make Kiddush and then wash, however, if one washed first one should make Kiddush on the bread.
* Kaf HaChaim 271:76 adds that the Arizal (Shaar Kavanot 71c) agrees because the order should be kept as [[Kiddish]] being the completion of [[prayer]] and washing as the start of the meal. Gra 271:12, Maamer Mordechai 271:16, and Yalkut Yosef ([[Shabbat]] vol 1 pg 273) concur with Shulchan Aruch. Therefore, Sephardim shouldn't change from the ruling of Shulchan Aruch even Bedieved. However, the Kaf HaChaim 271:77 argues that Bedieved one should say [[Kiddish]] on wine because one has what to rely on. </ref> According to Ashkenazim, Bedieved one can make still make the [[Kiddish]] on wine and then have the bread. <ref> However, the Rashbam (Pesachim 106b), and Baal HaMoar (Pesachim 21b s.v. Amar Rav Bruna) explain the gemara differently than the Ran and say that lechatchila one should make [[Kiddish]] first, however if one doesn't one can still make [[Kiddish]] on wine. Rabbenu Tam (Pesachim 106b s.v. Mekadesh) and the Ri (Pesachim 106b s.v. Zimnin) hold that even Lechatchila one should wash before making [[Kiddish]] on wine. Hagahot Maimon 29:100, Sh"t Rashba 1:752, Rokeach (115), and Mordechai (Pesachim 106b; pg 37c) side with Rabbenu Tam and Ri. Such was the minhag of the Rosh (quoted by Tur 271:12) and the minhag of Ashkenaz as writes the Rama 271:12. The Taz 271:14 and Chaye Adam ([[Shabbat]] 6:12) rule that the Rama is only bedieved. Therefore, Mishna Brurah 271:62 writes that since many achronim side with Shulchan Aruch and one satisfies all opinions one should make [[Kiddish]] first, however Bedieved one can rely on the Rama to make [[Kiddish]] on wine if one did in fact wash first. Kaf HaChaim 271:77 adds in the name of the Bach that if one didn't make the bracha on [[Netilat yadayim]] one should make [[Kiddish]] on wine and then rewash so that one doesn't loose the [[Kiddish]] over wine. </ref>
# Nonetheless, some Ashkenazim have the Minhag (specifically German Jews) to specifically wash before making [[Kiddish]] over wine and they have what to rely on. <ref> See previous note. Rama 271:12 writes that such was the minhag of Ashkenaz to wash before [[Kiddish]]. The Bet Yosef 271:12 comments that he saw some Sephardim who had such a practice but sternly disagreed based on the Rif and Rambam. </ref>
# There is no difference concerning the order between the one making the [[Kiddish]] and other members of the family. <ref> Magen Avraham 271:26 in name of Hagahot Mordechai (it seems that he means Mordechai pg 37b), Bach 271:11 (s.v. VeleInyan) distinguish between the one making [[Kiddish]] and the other members of the family for whom [[Kiddish]] won't be an interruption. Kaf HaChaim 271:79 argues that there's no difference between the one making [[Kiddish]] and the other family members. </ref>
# If one's minhag is to wash first, it's forbidden to dilute the wine between the washing and [[Kiddish]] as that would be an interruption between washing and the meal. Some say one also shouldn't pour the wine from the bottle between washing and the meal as it constitutes an interruption. <ref> Magen Avraham 271:27 writes that even according to Rabbenu Tam (Pesachim 106 s.v. Mekadesh) that Lechatchila one can wash before [[Kiddish]], explains that Bet Hillel ([[Brachot]]) says to make [[Kiddish]] first in the case where one has to dilute the wine becasue diluting wine takes precision and is definitely an interruption. Magen Avraham adds that according to the stringent opinion in Shulchan Aruch 166:1 (which is the Tur based on the Yerushalmi) one should be strict not to make any interruption. The Magen Avraham is brought as halacha by the Tosfet [[Shabbat]] 271:34 and Kaf HaChaim 271:78. </ref>
# If by accident one washed one's hands for bread before [[Kiddish]], according to Sephardim one should make [[Kiddish]] on bread <ref>Shulchan Aruch 271:12 </ref> unless one person of the group hasn't yet washed and can perform [[Kiddish]] over wine for everyone else (by saying it aloud while they listen)<ref>Menuchat Ahava (vol 1 pg 143) [http://www.dailyhalacha.com/Display.asp?PageIndex=9&ClipID=960 see dailyhalacha] </ref> and according to Ashkenazim one should make [[Kiddish]] on wine. <ref>Mishna Brurah 271:62 </ref>

==Eating in the place one made Kiddish (Kiddush Bimakom Seuda)==
# In the place where one made [[Kiddish]] one should make sure to have a meal there.<ref>Shmuel in Gemara Pesachim 101a says that one should only say Kiddush in the place where one is going to have a meal. The Rosh (Pesachim 10:5) says that this is based on the pasuk "VeKarata LeShabbat Oneg" which Chazal explain with "Kriyah" as a reference to Kiddush and "Oneg" to the meal and so the pasuk means, in the place of Oneg one should have Kriyah. Shulchan Aruch 273:4 and Kitzur Shulchan Aruch 77:14 codify this as the halacha.</ref> This applies both for the nighttime and daytime Kiddush.<ref>Kitzur Shulchan Aruch 77:14</ref>
# One should begin to eat something immediately after [[Kiddish]]. After the fact, as long as one had intent to eat immediately one doesn't need to make [[Kiddish]] again even if one made a long interruption and had a Hesech HaDaat (interruption of thought). However, if one didn't have intent to eat right away and then made an interruption of 72 minutes a new Kiddush is needed. <ref> Preferably, Rama 273:3 writes that one should make one's meal immediately after [[Kiddish]]. Mishna Brurah 273:12 explains that preferably, one should eat one's meal right after [[Kiddish]] without waiting. However, Bedieved, Mishna Brurah 273:12 and Piskei Teshuvot 273:3 based on Aruch HaShulchan 263:1 write that one shouldn't make a new [[Kiddish]] even if one had a long break or made a change in place and returned to the place of the [[Kiddish]]. On the other hand, if one didn't have in mind to eat immediately and then made an interruption, Mishna Brurah 273:14 writes that a new Kiddush is needed. Halichot Olam (vol 3, pg 3) defines this interruption as 72 minutes. </ref>
## Even though Kiddush should be recited immediately prior to the meal, if there is a halachic need related to the meal to delay it, it is permitted. For example, the Kiddush at the seder on Pesach is made much in advance of the meal but it is acceptable since the Maggid is a necessary prerequisite to the meal.<Ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=15 (Kol Sinai Tevet 5724 p. 15)] writes that Maggid doesn't make the Kiddush before the meal not adjacent to the meal because the Maggid is necessary for the meal as we need to speak about the Matzah (Lechem Shonim Alav Devarim Harbeh). Halichot Shlomo of Rav Shlomo Zalman Auerbach (Moadim v. 2 p. 248 9:14) agrees and explains that the Maggid is intrinsically part of the meal and such was the establishment of chazal. See Rav Chaim Palagi Haggadah regarding how Maggid is an extension of Kiddush (like the Rif cited by Avudraham why there's no bracha on Maggid since Kiddush already fulfills the mitzvah of Maggid).</ref>
# In order to have [[Kiddish]] in the place where one eats and that the [[Kiddish]] is considered a proper [[Kiddish]], one must eat at least a [[Kezayit]] of [[mezonot]], bread, or a reviyit of wine. <ref> Shulchan Aruch 273:5 writes in name of the Geonim that one can fulfill the obligation to eat in the place of where one makes [[Kiddish]] by eating bread or wine. Magen Avraham 273:10 and Mishna Brurah 273:21 rule that a [[Kezayit]] is needed to fulfill this obligation. Mishna Brurah 273:25 comments that certainly [[mezonot]] fulfills the obligation as it's more significant than wine. Mishna Brurah 273:25 writes in name of Hagahot Rabbi Akiva Eiger and Tosefet [[Shabbat]] that wine doesn't fulfill one's obligation according to many and so one should only rely on this in cases of need. Piskei Teshuvot writes that it seems that there's a dispute between the Magen Avraham 273:11 and the Shaarei Teshuva 289:1 whether one can fulfill one's fulfill with [[mezonot]] that's not Pat HaBah Bekisnin. The Mishna Brurah 273:25 holds like the Magen Avraham and one can fulfill one's obligation by having any [[mezonot]]. Shemirat [[Shabbat]] KeHilchato 52:24, Sh"t Az Nidabru 8:31, Kiddush KeHilchato (pg 195), Sh"t Or Letzion (vol 2, 20:28), and Yalkut Yosef ([[Shabbat]] vol 1 pg 196; Halichot Olam (Vol 3, pg 1)) agree. </ref> Even though theoretically this applies also at night, one should be strict at night not to rely on this.<ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=13 (Kol Sinai Tevet 5724 p. 13)] writes that since some disagree with the geonim we shouldn't rely on them at night when Kiddush is Biblical.</ref>
# If someone is reciting kiddush in one room and someone else is hearing the kiddush in another room if the person listening to the kiddush is going to eat his meal in the room where he is that is considered kiddush in the place of the meal. The reason is that the one fulfilling his obligation of kiddush needs to be in the room where he is going to eat his meal and not where the person making kiddush is.<ref>Maharam Chalavah Pesachim 101a explains that they used to make kiddush in shul and people in a nearby room would hear the kiddush and fulfill their obligation and eat there. It is considered kiddush in the place where they're going to eat since they're fulfilling their obligation and they're the ones eating. The location of the making kiddush doesn't impact that. Tosfot Pesachim 101a s.v. dochlu implies otherwise. Nonetheless, the Bet Yosef 273:6 cites the Rabbenu Yerucham, Smag, and Hagahot Maimoniyot who agreed with Maharam Chalavah. Shulchan Aruch OC 273:6 holds like Maharam Chalavah. Rabbi Akiva Eiger 273:2 explains that those listening to the kiddush are like making kiddush themselves.</ref>

== Women ==
# The Mitzvah of Kiddush is unique in that women are obligated even though it is a Mitzvat Aseh She’Hazman Grama, based on a Talmudic derivation that since women are obligated by the prohibitions of [[Shabbat]], they are also obligated in the positive commandments of the day.<ref>On [[Berachot]] 20b, Rava says that women are obligated in [[Kiddish]] on a Deoritta level because the torah compares the positive and negative commandments of [[Shabbat]] by switching the terms "Zachor" and "Shamor" implying that anyone who is obligated in the negative commands is also obligated in the positive ones. Shulchan Aruch 271:2 and Kitzur Shulchan Aruch 77:4 codify this as the halacha. A woman's obligation applies both at night (Mishna Brurah 271:3) and during the day (Mishna Brurah 289:6). Maharam Chalava pesachim 106a "bayom mai" disagrees and says that women aren't obligated during the day </ref>
# Since women are obligated on a biblical level, they should either listen to their husband or hear another adult make [[Kiddish]] and answer [[Amen]], or say it themselves. <ref> Since women are obligated in [[Kiddish]] on a biblical level, they can definitely make [[Kiddish]] for themselves. Additionally since a man is obligated, a women can fulfill her obligation with the man's [[Kiddish]] as they both have a Deorittah obligation. According the Magen Avraham that one fulfills the Deorittah obligation in [[prayer]], if a man and women have both already prayed, they can fulfill each other's obligation since they have equal obligations. However, if the man prayed and the women didn't, then the man is obligated on a Rabbinical level and the women is obligated on a Biblical level. If so, Rav Yechezkel Landau in Dagul Mirvavah 271:2 asks, whether the women can't fulfill her obligation with the man's reading, or perhaps she can because nonetheless, men are able to fulfill the obligation of others using Arevim Zeh LaZeh (the side is also not definite because the Rosh ([[Brachot]] 3:13 last line) writes that women aren't included in Arevim). He leaves it unanswered and the Kitzur Shulchan Aruch 77:4 writes that it's preferable that women say the [[kiddish]] along with the one making [[Kiddish]] so that they are fulfilling their own obligation. However, the Sh"t Rabbi Akiva Eiger 1:7 argues that certainly women are included in Arevim Zeh LaZeh (and explains that the Rosh was talking about mitzvot that women are exempt from) and so a man with a Derabbanan obligation can fulfill a woman's obligation even if she is has a Deorittah obligation. Aruch HaShulchan 271:6 and Chazon Ovadyah ([[Shabbat]] vol 2 pg 24) concur. </ref>
# Technically a woman can fulfill the obligation of her husband and family though it isn't advised. <ref> Shulchan Aruch 271:2 writes that since women are obligated in [[Kiddish]] on a Deorittah level, they can fulfill the obligation of a man who also has such an obligation. Even though the Maharshal and Bach argue with this, the Taz, Magen Araham, Gra, Mishna Brurah 271:4 all agree with Shulchan Aruch that a women can fulfill the obligation of a man. Nonetheless, Eliyah Rabbah, Derech Chaim, and Mishna Brurah 271:4 write that it's preferable that a women not fulfill the obligation of men not in her family because it's not entirely appropriate. </ref>

==Children==
# Once a child has reached the age of [[chinuch]], they are required to hear the kiddush on [[Shabbat]]. Therefore in the event that the child did not hear kiddush, an adult may repeat kiddush on his behalf, even though the adult had already fulfilled this own obligation. <ref> Children in Halacha pg. 39 </ref>
==Sitting or standing for Kiddush==
# Many have the practice to sit for Kiddush, however, some have a Minhag to stand for [[Kiddish]]. <ref>
* (1) Sources that one should sit: Tosfot 43a writes that to be included in [[Kiddish]] one should sit. [Additionally, from the discussion of the Rambam (Hilchot Succah 6:12) writes that one the first night of [[Sukkot]] one should say the [[Kiddish]] standing so that one can make the bracha of LeShev BaSukkah before sitting down, implying that during the rest of the year one should say [[Kiddish]] sitting.]
* (2) Reasons one should sit: Mishna Brurah 271:46 brings the reason of the Kol Bo that one should sit as a part of [[Kiddish]] BeMakom Sueda making [[Kiddish]] in the place one will eat, and the reason of the Gra that because sitting represents an established setting and one is able to fulfill the obligation of others only is such a setting. Mishna Brurah extrapolates from the Gra's reasoning that even those who listen should preferably sit, and if they are not only standing but even moving here and there during [[Kiddish]] one certainly doesn't fulfill his/her obligation. Chaye Adam ([[Shabbat]] 6:13) writes that it's preferable to sit during [[Kiddish]] so one can see the cup (like the Rama writes 271:10 that one should look at the cup) and one's family as one makes [[Kiddish]].
* (3) Practices: Therefore, Shulchan Aruch 271:10 rules that one should stand for Vayichulu implying that one should sit for the rest of [[Kiddish]]. However, Arizal (quoted by Aruch HaShulchan 271:21) held one should stand for [[Kiddish]] out of respect for the [[Shabbat]] queen (similar to the reason Ashkenazim stand for [[Havdalah]], see Mishna Brurah 296:27). Lastly, Rama 271:10 writes that one is permitted to stand for the entire [[Kiddish]], but it's preferable to sit for [[Kiddish]]. Sh"t Igrot Moshe 5:16 writes that even the Rama only writes that it's permissible to stand for [[Kiddish]] but preferably one should sit, and so if one doesn't have a custom one should follow the Shulchan Aruch. </ref> Nonetheless, one should stand for Vayichulu. <ref> Shulchan Aruch 271:10 rules that one should stand for Vayichulu. Mishna Brurah 271:45 explains that the one should stand for Vayichulu because it acts as a testimony which in court would require one to stand. Rama 271:10 writes that the Minhag was to sit for Vayichulu except for the beginning of Vayichulu (during the words of Yom HaShishi Vayichulu HaShamayim because the first letter of those words spell Hashem's name). Mishna Brurah 271:47 explains that one can sit for Vayichulu because once one stood while it's said in Shul it can be said seated during [[Kiddish]]. Nonetheless, Mishna Brurah 268:19 writes that the minhag is like Shulchan Aruch to stand for Vayichulu. See further Rabbi Lebowitz's article on [download.yutorah.org/2009/1109/735392.pdf yutorah.org].</ref>
# For [[Shabbat]] day, the accepted custom is to sit. <ref> Rav Moshe Shternbuch (Teshuvot V’hanhagot #254) writes that even those who stand for Friday night Kiddush should sit for [[Shabbat]] day [[Kiddish]] because the reason of standing for Vayichulu and continuing doesn't apply as there is no Vayichulu, nor is there a [[Shabbat]] queen to greet. </ref>
# For [[Yom Tov]] Kiddush, many have the custom to sit, <ref> Sh"t Igrot Moshe 5:16 writes that the only reason to stand the entire [[Kiddish]] on [[Shabbat]] is because once one is standing for Vayichulu one can continue standing for the rest of the [[Kiddish]], however since there's no Vayichulu on [[Yom Tov]] one must sit according to all opinions. </ref>but some have the practice to stand.<ref>Aruch HaShulchan 271:24, Nitei Gavriel ([[Yom Tov]] vol 2, 29:18</ref>

==What to use for Kiddush?==
# One should use a full cup<ref>Gemara Brachot 51a, Shulchan Aruch 271:10. [http://www.yutorah.org/lectures/lecture.cfm/799059/Rabbi_Hershel_Schachter/Hilchos_Shabbos_4_-_Inyonei_Kiddush_and_Havdalah Rav Schachter ("Hilchos Shabbos 4", min 33-5)] based on Rabbenu Yonah holds that if the cup is two thirds full it is considered full.</ref> of wine for Kiddush. Some say that grape juice is considered equally suitable as wine<ref>Yachave Daat 2:35 writes that one can use grape juice for kiddush, and Hacham Ovadia's opinion is also found in Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 81. Or Letzion 2:20:18, Yesodei Yeshurun 3:214-215 and Mishneh Halachot 13:38 agree. [http://www.yutorah.org/lectures/lecture.cfm/799059/Rabbi_Hershel_Schachter/Hilchos_Shabbos_4_-_Inyonei_Kiddush_and_Havdalah Rav Schachter ("Hilchos Shabbos 4", min 90-2)] quotes Rav Moshe as allowing grape juice for Kiddush but saying it is best to avoid the dispute. An [http://www.torahlab.org/doitright/using_grape_juice_for_kiddush/ article on TorahLab.org] writes that the majority of poskim hold grape juice is fit for Kiddush.</ref>, while others disagree.<ref>Shemirat Shabbat Kehilchata 53:2 citing Rav Shlomo Zalman Auerbach concludes that preferably one shouldn't use grape juice for kiddush. Laws of Brachos p. 316 writes that one shouldn't use grape juice for kiddush.</ref> Regarding grape juice from concentrate see [[Grape_Juice_and_Wine#Beracha]].
# It is better to use red wine for Kiddush.<ref>Mishna Brurah 271:10; Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82</ref> If only white wine is available then one may make kiddush on it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82 </ref> If one has white wine it is preferable to use it for Shabbat day as opposed to Kiddush on Friday night.<ref>[http://www.yutorah.org/lectures/lecture.cfm/798611/Rabbi_Hershel_Schachter/Hilchos_Shabbos_3_-_Choleh_BeShabbos_&_Kiddush Rav Schachter ("Hilchos Shabbos 3" min 73)] quoting Rabbi Akiva Eiger</ref>
# One may only make kiddush on wine that is proper for nisuch on the mizbeach, therefore, malodorous wine may not be used. However, malodorous wine can be fixed by adding other wine to it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 78 </ref> Wine that has been sweetened with honey may still be used for kiddush (even though honey is an issue for nisuch on the mizbeach), the same ruling applies for all sweet wines. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 119 </ref>
# Mevushal wine may be used for kiddush. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 115 </ref>
# If wine tastes like wine but smells like vinegar then it is permissible for making kiddush, but if wine tastes like vinegar but smells like wine then it is prohibited for making kiddush. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82, based on Rambam, Hilchot Shabbat, Perek 29, Halachot 15 and 17, and S"A, Orach Chaim, 272:3 </ref>
# Ideally, one should not make kiddush on wine that has been left open overnight, nevertheless, bediavad one has fulfilled the obligation if he/she made kiddush on it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 78 </ref>
# It is permissible to use wine that was left open as long as it was stored in a closet or refrigerator. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 78 </ref>
===If there is no wine or grape juice===
# If one doesn't have wine on Friday night, kiddush should be recited on the bread and one should keep one's hands on the bread throughout the kiddush. <ref> Shulchan Aruch 272:9 writes that some say one should say kiddush on chamar medina, some say not to say kiddush at all, and some who say that bread should be used for kiddush because of its importance. Rama 279:2 comments that the minhag is like the last opinion. Kaf HaChayim 272:50 and Yalkut Yosef 272:16 write that Shulchan Aruch holds like the last opinion. Mishnah Brurah 272:28 says to put your hands on the [[challah]]. Rav Avigdor Neventzahl in his commentary on Mishna Brurah (Biyitzchak Yikare 272:28) says that one should actually hold the [[challah]]. </ref>
# If there's no wine available for [[Shabbat]] lunch one should use Chamar Medina for kiddush. If one doesn't even have Chamar Medina, one should just say hamotzi and eat the bread, and if he doesn't even have bread one may eat without [[Kiddish]]. <ref> Shulchan Aruch 289:2, Mishna Brurah 289:10. The logic behind not using bread for [[kiddish]] during the day is explained by Mishna Brurah 272:31 that if one were to recite the daytime [[kiddish]] over bread, it would be the same procedure as if he wasn't saying kiddush at all. Therefore, to make it apparent that we are saying [[kiddish]] also, we say a beracha that wouldn't normally be recited, even if that is a [[shehakol]]. As for the definition of chamar medina Mishnah Brurah 272:24 says that even beer is only permitted in a place where it is a common drink. Mishna Brurah 272:25 prohibits the use of milk or oil, and Mishna Brurah 272:30 permits the use of liquor. Rav Avigdor Neventzahl in Biyitzchak Yikare footnote 25 says that according to Rav Shlomo Zalman Auerbach milk is not allowed even in places where it is commonly used like Switzerland. He also says that juice, tea, or coffee maybe permitted but soda is definitely not because it is just like water. Rav Moshe Feinstein in Iggerot Moshe OC 2:75 defines chamar medina as something you would serve to guests who you want to show respect to. Also see [[Shevet Halevi]] 3:26 and 5:32 where Rav Vosner says even where you have wine, chamar medina can be used because in the times of the gemara, wine was far more widespread. Today however, most people do not drink wine so often so other drinks are not inferior to wine for [[kiddish]]. </ref>
# According to Sephardim, one should only use Chamar Medina for [[Shabbat]] lunch if the wine isn't available in the city and chamar medina is a popular drink in that city. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 124 </ref> If chamar medina is just expensive then one should use wine. <ref>Yalkut Yosef ([[Shabbat]], vol 1, pg 289) </ref> According to Ashkenazim, if the wine is expensive one may use Chamar Medina for the daytime [[Kiddish]] and one who uses wine is fulfilling a preferred mitzvah. <Ref>Mishna Brurah 272:29 </ref>
# One may not use soda for [[Kiddish]] because soda isn't considered Chamar Medina.<ref>Sh"t Igrot Moshe 2:75 rules that soda is just like water and can not be used for [[Kiddish]].</ref>

==Mistakes in Kiddush of Yom Tov==
# In Kiddush of Yom Tov if someone said Mikadesh Yisrael and didn’t add Ve’hazmanim he didn’t fulfill his obligation.<ref> The Gemara Pesachim 117b has a dispute between the elders of Pumpedita and Rava in tefillah whether you should say Mikadesh Yisrael or Mikadesh Yisrael Vehazmanim on Yom Tov. In Kiddush everyone agrees that you should recite Mikadesh Yisrael Vehazmanim. Magen Avraham 487:1 writes that if in Kiddush someone only say Mikadesh Yisrael he didn’t fulfill his obligation. Kaf Hachaim 487:17 and Zichron Yonah Avodat Halevim 30:1 agree.</ref>
# In Kiddush of Yom Tov if someone said Mikadesh Hashabbat instead of Mikadesh Yisrael Ve’hazmanim he didn’t fulfill his obligation unless he fixed it within toch kdei dibbur.<ref>Regarding Tefillah, Shulchan Aruch 487:1 and Mishna Brurah 487:5 hold that the Shabbat conclusion doesn’t fulfill the obligation of the Yom Tov one. Mishna Brurah holds that it can be fixed within a toch kdei dibbur. Magen Avraham 487:2 implies that the same is true of kiddush. Zichron Yonah 30:2 writes so explicitly.</ref>
# If someone said the Yom Tov Kiddush for the main text of the bracha which mentions Yom Tov in the middle and then concluded with Mikadesh Hashabbat one doesn’t fulfill his obligation.<ref>Regarding Tefillah, the Magen Avraham 487:2 writes that mentioning Yom Tov in the middle is sufficient even with a wrong conclusion but he seems to retract that opinion. Mishna Brurah 487:4 concludes that one doesn’t fulfill one’s obligation. Zichron Yonah 30:2 applies this to Kiddush.</ref>
# If you forgot to say Shehechiyanu you can say it afterwards anytime during the Yom Tov, for Pesach and Sukkot until the end of the 7 days.<ref>Eruvin 40b, Mishna Brurah 473:1, Zichron Yonah 30:4</ref>
# In Kiddush of Yom Tov that fell out on Shabbat includes both Shabbat and Yom Tov. If one only said the kiddush of Shabbat or Yom Tov one doesn’t fulfill one’s obligation.<Ref>Shulchan Aruch 487:1 writes that if one said Shabbat kiddush on Yom Tov one doesn’t fulfill one’s obligation. Zichron Yonah 30:6 writes that if on Shabbat Yom Tov one said either the Shabbat or Yom Tov kiddush separately and not both one didn’t fulfill one’s obligation. Rivevot Efraim 4:117 agrees.</ref>
# If one said the middle of the kiddush correctly and in the conclusion he made a mistake and only mentioned Shabbat according to many poskim one fulfilled one’s obligation. If one said the middle of the kiddush correctly and in the conclusion he made a mistake and only mentioned Yom Tov according to many Ashkenazic poskim one didn’t fulfill one’s obligation but according to Sephardim one did fulfill one’s obligation.<ref>Regarding Tefillah there is a dispute between the Knesset Hagedola who holds that concluding with one of the two conclusions is sufficient and the Pri Chadash who disagrees. Biur Halacha 487:1 makes a compromise and says that if he mentioned Shabbat that is sufficient but if he only mentioned Yom Tov that is insufficient. Kaf Hachaim 487:20 holds that in all cases out of doubt he shouldn’t repeat the bracha. Zichron Yonah 30:7 applies this discussion to Kiddush.</ref>
# If one mentioned Yom Tov in Kiddush but not the specific one there’s a dispute if one fulfilled one’s obligation.<ref>Leket Shichacha Vtaut p. 397 writes that the Bet Yehuda 4 holds that one fulfills one's obligation if one mentioned Yom Tov but just didn't mention which Yom Tov it was, but the Mishna Brurah 427:11 holds that one doesn't fulfill one's obligation. Shemirat Shabbat Khilchata v. 2 p. 110 holds like the Mishna Brurah.</ref>
==Questions and Answers==
# Is it permissible to have [[Kiddish]] before [[Mussaf]]? [[Kiddush#eatingbeforemussaf|click here]]

== Sources ==
{{Reflist|2}}
[[Category:Brachot]]
[[Category:Holidays]]
[[Category:Pesach]]
[[Category:Shabbat]]
[[Category:Sukkot]]

Kiddush

2018-12-13T15:43:37Z

Ezralevy: /* What to use for Kiddush? */

{{Good}}
[[Image:Kiddush Cup.JPG|200px|right]]
Before eating on [[Shabbat]] or [[Yom Tov]], both during the nighttime and daytime, '''Kiddush''' is recited over a cup of wine (preferably). The relevant halachot are detailed below:
==Obligation==
# The mitzvah of Kiddush is a Biblical commandment alluded to in the Ten Commandments. The Torah says, "זכור את יום השבת לקדשו" meaning "remember [[Shabbat]] to sanctify it," and one fulfills it by saying the text of [[Kiddish]] on Friday night. <ref> Rambam Sefer Hamitzvot Aseh 155, [[Chinuch]] 31, Smag Aseh 29, Sefer Hamitzvot of Rav Saadia Gaon Aseh 33 all count the mitzva to sanctify the [[shabbat]] with words based on this pasuk.
* Rambam (Hilchot [[Shabbat]] 29:1) writes that there is a positive biblical commandment to remember [[Shabbat]] based on the pasuk "זכור את יום השבת לקדשו" (Shemot 20:7). In 29:4, he writes that the primary time for the mitzvah is Friday night. Kitzur Shulchan Aruch 77:1 rules like the opinion of the Rambam. [However, it seems that Tosfot (Nazir 4a s.v. My Hee; first opinion) holds that the mitzvah of [[Kiddish]] is Derabbanan and the pasuk of Zachor is only an asmachta]. Tosafot Pesachim 106a “zochrayhu” states two opinions: 1) the cup of wine is diRabanan; 2) the cup of wine is diorayta, but the drinking is dirabanan. </ref> Many authorities consider Kiddush of [[Yom Tov]] to be Derabbanan, yet it shares all the same halachas of Kiddush of [[Shabbat]]. <Ref>Mishna Brurah 271:2, Nitei Gavriel ([[Yom Tov]] vol 2, 29:1)</ref>In addition, Chazal instituted that [[Kiddish]] be made over a cup of wine. <ref> Pesachim 106a states that the [[Kiddish]] is supposed to be said over a cup of wine. Tosfot (s.v. Zochrayhu; first opinion) and Rambam (Hilchot [[Shabbat]] 29:6) write that saying [[Kiddish]] over the cup of wine is Derabbanan. Tosfot's second opinion holds saying [[Kiddish]] over a cup of wine is Deoraittah, but drinking it is Derabbanan. </ref>
# Some authorities hold that the Biblical obligation is discharged with the [[prayer]] in Shul and that the [[Kiddish]] at home is entirely Derabbanan. <ref> Magen Avraham 271:1 writes that since the Rambam and Tosfot hold that the Deorittah part of [[Kiddish]] is that it is stated orally, one should be able to fulfill this obligation with one's [[Maariv]] [[prayer]] in Shul. This is quoted as halacha by the Bear Hetiev 271:2. However, there is a great discussion in the achronim and many argue on the Magen Avraham (Mishna Brurah 271:2 (based on the Tosfet [[Shabbat]] 271:3) argues that since one doesn't have intention to fulfill the obligation of Zachor, the [[prayer]] in shul doesn't fulfill the obligation of [[Kiddish]]). There is a dispute whether a women's lighting [[Shabbat]] candles can fulfill [[Kiddish]] Deoritta, Sh"t Mishneh Halachot 7:37 holding that it can fulfill the Deoritta obligation, while Sh"t Az Nidabru 12:1 strongly disagrees. </ref>
==Amount to Drink==
# The [[Kiddush]] cup itself must contain the volume of at least a reviis of one in order to be valid. The amount of a reviis is open to dispute. According to Rav Chaim Naeh, 3.2 fluid ounces is sufficient. According to Rav Moshe Feinstein, on Friday night one needs 4.42. During the day, Rav Moshe requires only 3.3 fluid ounces. <ref>Haggadat Kol Dodi, Mishna Brurah 183:9, Shaar HaTziyun 183:14</ref>
# In order to fulfill this obligation, one should drink most of a cup that contains at least a [[reviit]]. Some say one should only drink a Melo Lugmav (a cheekful) and some say one should preferably drink a [[Revi'it]].<ref>
* What is the minimum amount of wine one should drink for [[Kiddish]]? Shulchan Aruch 271:13 writes that for kiddush one must drink a Melo Lugmav, which is a cheekful and is the equivalent of the majority of a [[Revi'it]]. Kitzur Shulchan Aruch 77:9 agrees. Kaf HaChaim 271:83 and Or Letzion (vol 2, 20:22) write that it's preferable to drink a complete [[Reviyit]]. On the other hand, Beiur Halacha 174:6 s.v. VeChen writes that since there's a dispute whether the [[Birkat HaMazon]] will exempt the [[Bracha Achrona]] of the wine, one should preferably drink only a Melo Lugmav and not a [[Reviyit]]. Then he ends off by referencing the Shulchan Aruch's ruling in 190:3 and says that one should have intent that the [[Birkat HaMazon]] will exempt the wine before the meal. Yalkut Yosef ([[Shabbat]] vol 1, p 274) simply writes that one must drink a Melo Lugav and doesn't say it's preferable to drink a [[Reviyit]].
* See also Shulchan Aruch 190:3 who writes that because there is a dispute whether one is obligated to make a [[Bracha Achrona]] for a [[Kezayit]] or a [[Reviyit]] of wine, one shouldn't enter into that dispute and for a Kos Shel Bracha, when one needs to drink more than a Melo Lugmav, one's only option is to drink more than a [[Reviyit]]. Kaf HaChaim 271:84 quotes the Pri Megadim who explains that this doesn't apply to Kiddush before a meal since the [[Birkat HaMazon]] exempts the wine from a [[Bracha Achrona]].
* Mishna Brurah 272:30 rules that the obligation to have most of a [[Revi'it]] applies regardless of which drink you use for kiddush. Rav Tzvi [[Pesach]] Frank in Har Tzvi 1:159, however, says that since the Taz (210:1) holds that one would be obligated to say a beracha acharona on less than a [[Revi'it]] of liquor because less than that already is considered to be significant enough for a beracha acharona, the same would apply for how much you need to drink for [[kiddish]]. In regards to [[Bracha Achrona]], Mishna Brurah 190:14 based on the Magen Avraham 190 also writes that there's no difference between wine and other drinks in opposition to the Taz's opinion in that regard as well. </ref>
# For [[Kiddish]], the [[Revi'it]] should be considered to be 4.4oz. <ref>Haggadah Kol Dodi (Rabbi Dovid Feinstein, 5730, pg 4) writes that the [[Revi'it]] for kiddush on [[Shabbat]] (using the method of measuring finger-widths) should be 4.42 oz.</ref>

==Kiddish in Shul==
# In the days of the gemara, the Rabbis instituted saying [[Kiddish]] in shul for the travelers who would eat and drink in the Shul. Nowadays, when guests don't eat their meals in shul, some say that its proper not to say Kiddush in shul, while others uphold this minhag to say Kiddush in shul on Friday night. <ref>The Gemara Pesachim 100b discusses the custom to recite kiddush on Friday night in shul. The Tur 269 writes that saying Kiddush in shul was only established in order to fulfill the obligation of Kiddush for the guests who would eat their meal in shul. He says that nowadays that guests don't eat their meal in shul one shouldn't say Kiddush in shul. The Beit Yosef 269 quotes the Rabbenu Yonah, Ran, and Rashba who defend this practice of saying Kiddush in shul even if guests don't even their meal in shul. Additionally, the Rambam (Sh"t Harambam 37) writes that this minhag shouldn't be discontinued because all establishments that the rabbis made must remain even if the reason no longer applies. Rashba responsa 1:37 and Maharam Chalavah Pesachim 101a agree. Nonetheless, the Bet Yosef writes that the more proper minhag is not to say Kiddush in Shul. Shulchan Aruch 269:1 rules that some have this practice to say Kiddush in shul, but its better not to. Mishna Brurah 269:5 writes that the common minhag is to say Kiddush in shul and one shouldn't uproot it. Yalkut Yosef 269:2 writes that if there are some in shul who will not say Kiddush at their homes at all, it is not just justified but even encouraged to say Kiddush in shul, but otherwise a shul who doesn't yet have that and doesn't yet have an established minhag, shouldn't say the kiddush in shul. He continues that whatever shul already has the minhag to say it, they should not be stopped because this minhag has its basis.
* Sh"t Yachin Uboaz 118 writes that that the Rashbetz wouldn't answer [[amen]] to the kiddush in shul because of the safek beracha livatala.</ref>
# This minhag applies to [[Shabbat]] and [[Yom Tov]] except for the first day of [[Yom Tov]] of [[Pesach]] (and second in Chutz LaAretz). <ref>Mishna Brurah 269:5, BeYitchak Yikare adds second day in chutz la'aretz </ref>
# The one making [[Kiddish]] in shul shouldn't drink from the wine but rather give it to children to drink. Some say that the children should be below the age of [[chinuch]] (6 or 7) while others say that it's better to give it a child above that age. If it is not possible to find a child to drink the wine, an adult should drink it but should make sure to drink a [[Reviyit]] or more, say a [[Bracha Achrona]], and have intent to fulfill the mitzvah of [[kiddish]]. <Ref>Shulchan Aruch 269, Mishna Brurah 269:1, Yalkut Yosef 269:2. The Magen Avraham 269:1 explains that it is permitted to have the child drink the kiddush wine even though his meal isn't there and it is like eating before kiddush. He explains it is permitted for a child to eat before kiddush for several reasons: 1) Since eating before kiddush is a prohibition implied from a mitzvah it isn't an issue of feeding something forbidden to children. (Yalkut Mefarshim on Ran Yoma 3a agrees.) 2) Since the prohibition is only related to time and not intrinsic to the food it is permitted to feed to children. (Meor Yisrael Ymoa 78b agrees.) 3) According to the Geonim it is permitted to just have the cup of kiddush without the meal there and for children that is sufficient to rely upon. 4) According to the Rashba and Ran it is permitted to feed a child a rabbinic prohibition. </ref>
# The minhag is to stand for [[kiddish]] in shul. <ref> Rama 269:1 </ref>

==Kiddish at night==
# On Friday night, one should hurry home after shul to bring in the [[Shabbat]] and not taryy in conversation at shul. <ref> Yalkut Yosef [[Shabbat]] 1 271:1 </ref>
# Kiddush at night is considered greater than the Kiddush of the day.<ref> The Ran on Gemarah Pesachim 106a says that the [[Kiddish]] of the night is Deoritta while that of the day is Derabbanan. </ref> Therefore, if one has two bottles of wine the better bottle should be used for Kiddush at night. (However, the day is considered greater in general and should have the better selection by everything else). <ref> Gemarah Pesachim (105a)</ref>
# The text of [[Kiddish]] includes Yom HaShishi, which are pesukim describing [[Shabbat]], and two [[Brachot]], Borei Peri HaGafen, and Mekadesh Ha[[Shabbat]]. <ref> Rambam (Hilchot [[Shabbat]] 29:7) writes that the order of [[Kiddish]] is Vayichulu (which are pesukim said based on Minhag), the Borei Pri Hagefen and then Mikdash Ha[[Shabbat]] (the text of which can be found in Rambam 29:2). </ref>
# When reciting [[Kiddush]] on Friday night, we say the words "ויהי ערב ויהי בקר" - "Vayihi erev vayihi boker" quietly before saying "יום הששי" Yom Hashishi. While we generally avoid reciting Pesukim in ways which differ from their presentation in the Torah<ref>Tanit 27b, [[Megillah]] 22a. "כל פסוקא דלא פסקיה משה אנן לא פסקינן".</ref>, nonetheless we only say the second part, and don't say the first part of the Pasuk quietly because Chazal understand the words "טוב מאד" as a reference to death. However, there is debate whether one is allowed to say only part of a Pasuk so some are careful to add the rest of the Pasuk ''Vayar Elokim Et Kol Asher Asa Vehini Tov Meod, Veyihi Erev Vayihi Boker Yom Hashishi''.<ref>Rama 271:10, Levush 271:10, Aruch HaShulchan 271:25, Chatom Sofer OC 10. Chatom Sofer OC 1:51 explains the minhag is based on the fact that we want to mention yom hashishi before vayichulu hashamayim since there’s an acrostic of Hashem’s name of the first letter of each of those four words. But since we don’t want to mention only two words from a pasuk since it is meaningless we include a whole phrase. However, we don’t want to say the whole pasuk since the midrash says that there’s a reference to death in the beginning of the pasuk. [http://www.havabooks.co.il/sms.asp?cat=6 Rav Aviner] Nefesh Harav (p. 159) quotes Rav Soloveitchik as having the practice to say the beginning part of the pasuk quietly to himself. He also cites this as the practice of the Steipler (Orchot Rabbenu v. 1 p. 109).</ref>

==Kiddish of the day==
# The text of [[Kiddish]] during the day is just Borei Pri Hagefen. <ref> The Gemara Pesachim 106a states that the primary [[Kiddish]] is at night, but there's also a [[Kiddish]] of the day. Even though it seems to be Deorittah as the gemara learns it from a pasuk, the Rishonim agree that the pasuk is only an asmachta (Ravad and Magid Mishna (Hilchot [[Shabbat]] 29:10), quoted by Bear Heitiv 289:2) and the obligation of [[Kiddish]] during the day is only Rabbinic. The gemara concludes that the text of such a [[Kiddish]] is just Borei Pri [[HaGefen]]. Rambam (Hilchot [[Shabbat]] 29:10) and Shulchan Aruch 289:1 rule this as halacha. </ref> However, many have the minhag to say Pesukim before saying the Bracha. Some say two paragraphs<ref> Siddur </ref>, "Veshamaroo" and "Zachor" and others have the minhag to add another paragraph before these starting with "Im tashiv Mishabbos Raglecha" which are the Pesukim in Yeshaya which inlude the Pasuk from which the obligation of making Kiddush is derived. Many skip to the last sentence of "Zachor" starting with "Al cen berach" before saying the bracha on the wine.
# It's forbidden to taste anything before [[Kiddish]]. <ref> Rambam (Hilchot [[Shabbat]] 29:10) and Shulchan Aruch 289:1 rule that since there's an obligation to make [[Kiddish]] it's forbidden to eat anything before [[Kiddish]] just like the [[Kiddish]] of Friday night. </ref>
# If one is thirsty it is permissible to drink water before [[Shacharit]] on [[Shabbat]] day since the obligation of [[Kiddish]] doesn't apply until one prayed. <ref> Tur writes in the name of his father, the Rosh, and Shulchan Aruch 289:1 </ref>
# Someone who is sick and needs to eat before davening on Shabbat, according to Ashkenazim should recite Kiddush beforehand unless one doesn't eat a kezayit of mezonot within a kdei achilat pras,<ref>Mishna Brurah (Biur Halacha 289:1 s.v. chovat) and Igrot Moshe OC 2:26:2 write that someone who is sick and needs to eat before davening on Shabbat should make kiddush unless he doesn't need to eat pat haba bekisnin. Piskei Teshuvot 289:8 note 63 writes that the best option is for the sick person not to have a kezayit of pat haba bekisnin within a kedi achilat pras which wouldn't obligate kiddush.</ref> while according to Sephardim it isn't necessary.<Ref>Yabia Omer OC 8:31 and Or Letzion 2:20:14 write that someone who is sick and needs to eat before davening on Shabbat does not need to make kiddush. See also Kaf Hachaim 276:28 who is lenient in extenuating circumstances. See Chazon Ovadia (Shabbat v. 2 p. 149) where Rav Ovadia recommends that a sick person who needs to eat bread or pat haba bekisnin before davening should recite kiddush.</ref>

==Pouring Off==
# A person shouldn’t pour off to the other cups between the kiddush and drinking. If he is sick and worried about others drinking from his cup he can pour off but should make sure to leave a reviyit in the cup when he drinks.<ref>
* Piskei Teshuvot 271:32 quotes the Mishnat Yosef 4:35 who says that initially one shouldn't pour off before drinking because one should drink from a cup with a reviyit and also so that it shouldn't look like a disgrace to the mitzvah (bizuy mitzvah, see Mishna Brurah 296:4 and Eliya Rabba 271:23). However, if he’s sick he can pour off some and then drink from the cup which still has a reviyit. [https://www.yutorah.org/sidebar/lecture.cfm/898548/rabbi-hershel-schachter/berachos-92-47a-kiddusha-rabba-ii-bracha-al-hakos-ad-sheyitom-hamevarech-answering-amen/ Rav Hershel Schachter (Brachot Shiur 92 min 44)] agreed that one shouldn’t pour off so much that there’s not a reviyit left before you drink. He holds like the Magen Avraham as will be explained.
* Should the cup one drinks from have a reviyit? Tosfot Pesachim 105b s.v. shema writes that one must drink from a cup that has a reviyit and not pour off some of the cup into another cup and drink. Agudah Pesachim 10:84 and Ritva Pesachim 105b s.v. shema agree. Magen Avraham 271:24 rules like Tosfot. Mishna Brurah 271:51 agrees. Shulchan Aruch 271:11 seems not to hold like Tosfot but see Eliya Rabba 271:23 who defends Shulchan Aruch but also accepts Tosfot. Korban Netanel Pesachim 10:200 writes that in fact the Rosh, Rabbenu Yerucham, and Shulchan Aruch disagree with Tosfot and you don’t have to drink from a cup with a reviyit. Netiv Chaim 271:11 agrees. Rabbi Akiva Eiger Pesachim 105b discusses whether the proof of the Korban Netanel is conclusive.</ref>
# The one reciting kiddush doesn't have to pour off into their cups unless their cups are invalid for kiddush as they drank from them already. In such a case the one reciting kiddush can pour off from his cup into the others so that they are considered valid for kiddush.<ref>Tosfot Pesachim 106a s.v. gachin, Tosfot Brachot 47a s.v. ein, Rosh Pesachim 10:16, Rosh Brachot 7:15, Shulchan Aruch OC 271:17</ref>
==Listening to Kiddush==
# Those who are listening to the kiddush shouldn't drink until the making the kiddush drinks.<ref>Gemara Brachot 47a</ref> However, if they each have their own cup they may drink without waiting.<ref>Yerushalmi Brachot 6:1, Tosfot Brachot 47a s.v. ein, Tosfot Pesachim 106a s.v. gachin, Rashba Brachot 47a s.v. amar, Maharam Chalavah Pesachim 106a s.v. chazyey, Shulchan Aruch 271:16</ref>
# Those listening don't need to drink a melo lugmav and any amount is sufficient.<ref>The Levush 271:14 writes that those listening should drink a melo lugmav. However, the Maggid Mishna Shabbat 29:7 writes that those listening only need to drink a bit and not melo lugmav. The Taz 271:17, Eliya Rabba 271:29, and Mishna Brurah 271:71 follow the Maggid Mishna.</ref>
# Those listening to kiddush don't have to drink to fulfill their obligation but it is a mitzvah for them to drink.<ref>
Eruvin 40b and Pesachim 108b imply that only the one drinking needs to drink and no one else but Pesachim 106a and perhaps 108b imply that everyone listening should drink. The Rosh Pesachim 10:16 writes that although each person listening to kiddush doesn't need to drink wine to fulfill his obligation, there is nonetheless an added mitzvah to do so. Maharam Chalavah Pesachim 101a holds those listening don't need to drink. Tosfot Pesachim 99b s.v. lo originally assumes that those listening to the kiddush don't need to drink but afterwards questions that assumption. The Rambam Shabbat 29:7 implies that there is an obligation for everyone to drink. Maggid Mishna 29:7 just adds that those listening don't need to drink a melo lugmav. Shulchan Aruch OC 271:14 rules like the Rosh that as long as the one reciting kiddush drinks that is sufficient for everyone to fulfill their obligation but it is a mitzvah for them to drink. Mishna Brurah 271:83 agrees.</ref> They don't need their own cup and may drink from the cup of kiddush.<ref>Shulchan Aruch 271:14</ref> It isn't considered invalid for kiddush after the one reciting the kiddush drank and then they drink.<ref>Shaar Hatziyun 271:89 explains that even though if those listening had their own cup they should ensure that the cup should be valid for kiddush and not drunk from beforehand, however, if they are drinking from the kiddush cup after the one who recited kiddush drank it isn't considered invalid as their drinking is considered part of the original drinking of the one who recited kiddush.</ref>
# If those listening want to have their own cup to fulfill this added mitzvah to drink wine after kiddush they may do so. If they do so they should have a cup that is valid for kiddush and we view it as though they are all reciting their own kiddush over their cup of wine.<ref>Rosh Pesachim 10:16 writes that the wine in each person's cup has to be fixed and not drunk from beforehand in order for them to use it for drinking at kiddush even though they aren't reciting the kiddush. He explains that since they are listening to kiddush and going to drink wine from their own cup it is considered as though they are reciting their own kiddush over their own cup. If so that cup should be valid for kiddush. Tosfot Pesachim 106a s.v. hava, Tosfot Brachot 47a s.v. ein, Rashba Brachot 47a s.v. amar, Tur 182:4, and Ohel Moed 6:6 cited by Bet Yosef 182:2 agree. The Shulchan Aruch OC 271:17 accepts the Rosh.
* The Tiferet Shmuel on Rosh Pesachim 10:15:10 seems to have another understanding of the Rosh in which he assumes that those who are listening to the kiddush and have their own cups don't need their cups to be valid for kiddush and may be drunk from beforehand (like the Raah). However, the Divrei Chamudot Pesachim 10:15:36 understood the Rosh as above.</ref> Some disagree.<ref>The Raah cited by Bet Yosef 182:4 writes that those listening don't have to have valid cups for kiddush. The Shulchan Aruch 182:4 cites that opinion as a minority view.</ref>
# Some say that for kiddush by day those listening to kiddush must drink from the kiddush cup.<ref>
[https://www.yutorah.org/sidebar/lecture.cfm/856129/rabbi-hershel-schachter/inyonei-sefiras-haomer-nowadays-women-before-kiddush-beit-din-bein-hashmashos-shomea-keoneh/ Rav Schachter Inyonei Sefirat Haomer 5776 towards the very end] quoted the Torah Temimah, Netsiv, and Rav Velve Soloveitchik that one doesn’t fulfill one’s obligation if one doesn’t drink wine at the kiddush of the day specifically since it really is only a birchat hanehenin and not a bracha of a mitzvah. However, in [https://www.yutorah.org/sidebar/lecture.cfm/898548/rabbi-hershel-schachter/berachos-92-47a-kiddusha-rabba-ii-bracha-al-hakos-ad-sheyitom-hamevarech-answering-amen/ Brachot Shiur 92 (min 23)] he quoted that Rav Chaim was upset with this chiddush of the Netsiv and not everyone has to drink at the daytime kiddush. Teshuvot Vehanhagot 3:243 cites this dispute between the Brisker Rav and Rav Chaim.</ref>

==Eating before Mussaf==
# <div id="eatingbeforemussaf"></div> Once the time for [[Mussaf]] (from [[Olot HaShachar]]) it’s forbidden to eat a meal (more than a [[KeBaytzah]] of bread) before praying [[Mussaf]], however, it’s permissible to have a [[KeBaytzah]] of bread or a lot of fruit. <Ref>The Gemara [[Brachot]] 28b writes that the halacha doesn’t follow Rav Huna who says that it’s forbidden to taste any food before praying [[Mussaf]]. The Tur 286:3 writes that even though we don’t hold like Rav Huna we only permit have a snack but a meal is forbidden. The Bet Yosef quotes the Raavad, Rashba, and perhaps the Rabbenu Yerucham who agree. S”A 286:3 writes that it’s forbidden to eat a meal before praying [[Mussaf]] but it’s permissible to have a snack. The Magen Avraham 286:2 writes that the snack is the same as before [[Mincha]] where S”A 232:3 writes that one may have a [[KeBaytzah]] of bread and a lot of fruit but not more. Kitzur Shulchan Aruch 77:15 agrees. See Rav Mordechai Eliyahu's comment on Kitzur Shulchan Aruch 77:15 where he writes that we only rely on this in situations of pressing need.</ref>
# The custom is to be lenient to permit eating even more than a Kabaytzah of baked [[Mezonot]] (cakes and cookies) before [[Mussaf]] after having made [[Kiddish]]. <Ref>Shaar HaTziyun 286:7 writes that the measure for a meal before [[mussaf]] in regards to baked [[mezonot]] is the same as by [[Sukkah]]. Mishna Brurah 639:15-6 (regarding [[Sukkah]]) quotes some who say that if one establishes a meal out of the [[Pas HaBah Bekisnin]] certainly it requires a [[Sukkah]]. However, if one didn’t have it as a meal if one had more than a [[KeBaytzah]] then there’s a dispute whether one needs a [[Sukkah]] and if one eats less than a [[KeBaytzah]] then certainly it doesn’t require a [[Sukkah]]. Nonetheless, Halichot Shlomo ([[Tefillah]] 14:9, pg 179-80) writes that the minhag is to lenient to have even more than a Kabaytzah of baked [[mezonot]]. </ref>
# If one does eat before [[Mussaf]] one must first do [[Kiddish]] and have a [[Revi'it]] of wine or eat a [[Kezayit]] of baked [[mezonot]] (cakes and cookies) in order to fulfill [[Kiddish]]. <Ref>Magen Avraham 286:1, Beiur Halacha 286:3 s.v. Achilat, Mishna Brurah 286:7, Shemirat [[Shabbat]] KeHilchata 52:17</ref>

==The Cup for Kiddish==
# Some authorities say that one may not use a plastic or paper cup for [[Kiddish]], however, many authorities permit but agree that it's preferable to use a real cup. <ref> Sh"t Igrot Moshe O"C 3:39 forbids using a plastic or paper cup as they aren't considered a nice cup and it's worse off than a broken cup (which is forbidden by Shulchan Aruch 183:3. Mishna Brurah 183:11 says that even if it is just the base that is cracked one should still be strict.) The Radiance of [[Shabbos]] (page 44) points out that this doesn't depend on the quality of the plastic at all. [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 min 25-30)] agrees with Rav Moshe.
* However, Sh"t Tzitz Eliezer 12:23 differentiates between a cup that would be used for hot liquids and could be reused and one that's ruined after it's first use. Even if one personally doesn't reuse it, it is still considered a kli. This is true for kiddush, [[havdala]], and [[netilat yadayim]]. Sh"t Beer Moshe 5:55 on the other hand, only allows cup that are commonly reused and therefore only permits plastic cups and not paper cups, or small shot glasses because those are rarely reused.
* Sh"t Az Nidabru 6:49 is the most lenient allowing any disposal cup, however, it's still preferable to use a better cup as a hidur mitzvah. Shevut Yitzchak (vol 1, 4:5, pg 48) in name of Rav Elyashiv and Chazon Ovadyah ([[Shabbat]] vol 2 p. 56) concur with the lenient opinion. See further: [http://www.yutorah.org/lectures/lecture.cfm/727120/Rabbi_Aryeh_Lebowitz/kiddush_with_disposable_cups Rabbi Aryeh Lebowitz on yutorah.org]. Although many poskim, say that using two plastic cups doesn't help at all, see [http://www.yeshiva.org.il/ask/?id=62394 Rav Dov Lior] for the explanation of that practice, though he writes that he doesn't necessarily think that it helps the issue. </ref> After the fact one fulfilled one's obligation even if one holds one shouldn't use a disposable cup.<ref> Mishna Brurah 183:10 writes that the entire concept of having a cup for kiddush that is complete is important initially but after the fact isn't critical and one fulfills one's obligation. Therefore, [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 min 25-30)] explained that Rav Moshe who invalidated a disposable cup for kiddush because it is like it is already broken would agree that after the fact one fulfilled one's obligation.
* Rashba 51a s.v. ha writes that if a person doesn’t have one of the four major rules of a kos shel bracha a person doesn’t fulfill their obligation, the others are enhancements initially. Meiri 51a s.v. asara quote some who said that they are all only critical initially. Mishna Brurah 183:10 implies that we follow the Meiri. Maaseh Rav n. 86 follows the Rashba that it would prevent fulfilling one's obligation.</ref>
# The cup of [[Kiddish]] should be rinsed out before being used if it isn't already clean. <ref> The Gemara Brachot 51a establishes that the kos shel bracha should be cleaned on the inside and outside before it is used. Shulchan Aruch OC 183:1 codifies this gemara but adds that it is only necessary if the cup is dirty but if it is clean it doesn't need to be cleaned out. Chaye Adam ([[Shabbat]] 6:13) agrees. Mishna Brurah 183:3 writes that it is proper to clean it out unless it is completely clean. </ref> According to Kabbalah one should still clean out the cup in the inside and outside even if it is clean.<ref>Kaf Hachaim 183:4</ref>
# Some say it is a nice practice to surround the kiddush cup with six small cups of wine. The minhag isn't concerned for this opinion.<ref>Gra in Maaseh Rav n. 174 states that it is nice to have six small cups surrounding the main kiddush cup. His reason is that this is the practice of Itur of the Gemara Brachot 51a and even though the gemara says we don't have that practice the gemara only meant that it isn't critical but it is still a nice practice. Kaf Hachaim 183:3 writes that it isn't our practice since we try to follow the other explanation of Itur is having talmidei chachamim around the table, which isn't always possible but when it is that's the main method to add significance to the kiddush. </ref>
# The kiddush cup should be full.<ref>Gemara Brachot 51a, Shulchan Aruch OC 183:2</ref> If a person is afraid of spilling it is sufficient that it is almost full such as leaving it a quarter of an inch below the top.<ref>Taz 183:4 writes that the practice of not filling up the cup to the very top is because of a concern that it will spill and make a mess. Kaf Hachaim 183:13 adds to the Taz that it isn't considered not full if it is almost full. Similarly, Rabbenu Yonah 37b s.v. al writes that even if the cup isn't completely full it is considered full for a kos shel bracha. [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 beginning)] quoting Rav Shlomo Zalman Auerbach</ref>

==Eating before Kiddish==
# Kiddush has to be made before eating/drinking because the Pasuk says "VeKarasa LiShabbos Oneg" <ref> Isiah </ref> "And you shall call to the [[Shabbos]] a delight", which the Rabbanan learn to mean that there has to be a "calling" to the [[Shabbos]], meaning saying Kiddush, prior to it being "a delight", refering to eating/drinking. <ref> Tosfot and Rosh Pesachim 110a</ref>
# It's Rabbinically <ref> Mishna Brurah 271:11 writes that the prohibition is only Rabbinic. </ref> forbidden to eat anything even water <ref> [[Maggid]] Mishna (Hilchot [[Shabbat]] 29:5) explains that the Rambam holds drinking water before [[Kiddish]] is permitted, while the Rashba (Sh"t 3:264) forbids it. Hagahot Maimon 29:5 in name of Maharam as well as the Tur 271:4 also forbid. Bet Yosef says that the Rambam is unclear and may hold that even water is forbidden. Shulchan Aruch 271:4 rules that even water is forbidden. </ref> before making [[Kiddish]] once the time for [[Kiddish]] has come. <ref> Pesachim 106b records a dispute whether one who tasted food before [[Kiddish]] can still make [[Kiddish]]. Bet Yosef 271:4 implies from there that Lechatchila, it's forbidden to eat or drink before [[Kiddish]]. Rambam (Hilchot [[Shabbat]] 29:5), Tur and Shulchan Aruch 271:4 all rule that it's forbidden to eat before making [[Kiddish]]. </ref> This applies to the nighttime and daytime Kiddush.<ref>Kitzur Shulchan Aruch 77:13</ref>
# If one takes [[Shabbat]] upon oneself early, it's forbidden to eat before making [[Kiddish]]. <ref> Magen Avraham in name of the Bach writes that it's forbidden to eat before making [[Kiddish]] if one accepted [[Shabbat]] early. </ref> Therefore, one can accept [[Shabbat]] early, make [[Kiddish]], and eat even before praying [[Arvit]] as long as it's not within a half hour of the time to say [[Arvit]]. <ref> Magen Avraham 271:5 writes that one is allowed to accept [[Shabbat]] early, and then make [[Kiddish]] to permit eating, all before praying [[Arvit]]. Beir Heitev 271:4 quotes this as halacha. Kitzur Shulchan Aruch 77:4 and Mishna Brurah 271:11 limit the permit to eat to when one is more than a half hour before nightfall as is the halacha everyday of not eating before [[Arvit]]. </ref>
# If one doesn't pray or take [[Shabbat]] upon oneself early The time that the prohibition begins from [[Bein HaShemashot]]. <ref> Magen Avraham 271, Mishna Brurah 271:11 and Ben Ish Chai Beresheet 17 write that the prohibition begins at [[Bein HaShemashot]]. </ref>
# Rinsing out one's mouth is permitted since one doesn't intend to get benefit from the water. <ref> Magen Avraham 271:5 writes that rinsing out one's mouth is permitted as it isn't called drinking. Bear Hetiev 271:4 and Mishna Brurah agree. However, Ben Ish Chai Beresheet 17 is more stringent and only permits if one was fasting and only during [[Bein HaShemashot]]. </ref>

== Timing==
#Ideally, one should say Kiddush as soon as one gets home from Shul on Friday night.<ref> Pesachim 106a learns that the primary way to do [[Kiddish]], a remembrance of [[Shabbat]] is with wine on Friday night because that's the beginning of the day (in the Jewish calendar). Shulchan Aruch, O”C 271:1 </ref>
#One can say [[Kiddish]] before nightfall if one accepts upon oneself [[Shabbat]] early. <ref> Magen Avraham writes that [[Kiddish]] can be made during the day if one accepts upon oneself [[Shabbat]] early. Many achronim including Kitzur Shulchan Aruch 77:2 and Mishna Brurah 271:11 concur. </ref>
#If one missed Kiddush on Friday night, it can and should be made up at any point during [[Shabbat]] day, which means that one would recite the longer Friday-night version of Kiddush on [[Shabbat]] day. <ref> The Gemara Pesachim 105a rules that if one missed saying [[Kiddish]] on Friday night one can make it up through the rest of [[Shabbat]]. Rambam (Hilchot [[Shabbat]] 29:4), Tur and Shulchan Aruch 271:8 rule like the gemara pesachim. This is agree upon by the achronim including Aruch HaShulchan 271:21, Ben Ish Hai (Bereshit 19), and Hacham Ovadia Yosef, in Halichot Olam. Aruch HaShulchan and Ben Ish Chai write that even if the person ate intentionally one should still make [[Kiddish]] the next day. Additionally, achronim including the Chaye Adam ([[Shabbat]] 6:2), Aruch HaShulchan 271:21, and Ben Ish Chai (Beresheet 19) hold that we don't say Vayichulu if the [[Kiddish]] is said during the day since Vayichulu was instituted for the incoming of [[Shabbat]]. [This finds it's source in the Magid Mishna (Hilchot [[Shabbat]] 29:4).] </ref>
# If one forgot to say [[Kiddish]] on Friday night and only remembered during [[Bein HaShemashot]] of Saturday, one should say [[Kiddish]] then with [[Shem UMalchut]], however, according to Ashkenazim as long as one davened any of the [[Shabbat]] [[prayers]], if one needs to make Kiddush during [[Bein HaShemashot]] it should be done without Shem Umalchut. <ref> Ben Ish Chai Beresheet 19 writes that one could argue that according to the Magen Avraham, once one prayed on [[Shabbat]] the obligation of [[Kiddish]] is only Derabbanan and whenever there is a doubt about a Derabbanan obligation one may be lenient (Safek Derabbanan Lekula). If this was the case, one should say that if it is [[Bein HaShemashot]] one no longer needs to say Kiddush. However, the Ben Ish Chai rejects such an argument because some commentators limit the Magen Avraham to a case where one doesn't have wine or one specifically had Kavana in [[davening]] to fulfill one's obligation. Therefore, the Ben Ish Chai rules that one can still make [[Kiddish]] during [[Bein HaShemashot]] with a Bracha because of the rule Safek Deorittah LeChumra just like if there's a doubt concerning [[Birkat HaMazon]]. Halichot Olam (vol 3, pg 25-7) agrees. However, the Mishna Brurah 271:39 (Shaar Hatziyun 47) rules that if one did say Tefillot [[Shabbat]] and it's [[Bein HaShemashot]], one should make the bracha without [[Shem UMalchut]]. See [http://www.dailyhalacha.com/Display.asp?ClipID=1866 Rabbi Mansour on Dailyhalacha.com]. </ref>

==Washing before or after Kiddish==
# One should make [[Kiddish]] before washing for bread. However, Bedieved, if one did wash with a bracha before making [[Kiddish]], according to Sephardim, one should make [[Kiddish]] on bread and not on wine. <ref>
* Tur 271:12 quotes Rav Amram Goan (Siddur vol 2, [[Siman 17]]) who wrote that one should make [[Kiddish]] on wine and then wash for bread, however, if one washed first one should make [[Kiddish]] on bread in accordance with Rav Bruna in Pesachim 106b. Rambam (Hilchot [[Shabbat]] 29:9-10) and the Ran in explaining the Rif (22a) concur. The Maharam MeRotenburg's (quoted by the Tur 271:12) practice was to make Kiddush before washing. Shulchan Aruch 271:12 rules that one should make Kiddush and then wash, however, if one washed first one should make Kiddush on the bread.
* Kaf HaChaim 271:76 adds that the Arizal (Shaar Kavanot 71c) agrees because the order should be kept as [[Kiddish]] being the completion of [[prayer]] and washing as the start of the meal. Gra 271:12, Maamer Mordechai 271:16, and Yalkut Yosef ([[Shabbat]] vol 1 pg 273) concur with Shulchan Aruch. Therefore, Sephardim shouldn't change from the ruling of Shulchan Aruch even Bedieved. However, the Kaf HaChaim 271:77 argues that Bedieved one should say [[Kiddish]] on wine because one has what to rely on. </ref> According to Ashkenazim, Bedieved one can make still make the [[Kiddish]] on wine and then have the bread. <ref> However, the Rashbam (Pesachim 106b), and Baal HaMoar (Pesachim 21b s.v. Amar Rav Bruna) explain the gemara differently than the Ran and say that lechatchila one should make [[Kiddish]] first, however if one doesn't one can still make [[Kiddish]] on wine. Rabbenu Tam (Pesachim 106b s.v. Mekadesh) and the Ri (Pesachim 106b s.v. Zimnin) hold that even Lechatchila one should wash before making [[Kiddish]] on wine. Hagahot Maimon 29:100, Sh"t Rashba 1:752, Rokeach (115), and Mordechai (Pesachim 106b; pg 37c) side with Rabbenu Tam and Ri. Such was the minhag of the Rosh (quoted by Tur 271:12) and the minhag of Ashkenaz as writes the Rama 271:12. The Taz 271:14 and Chaye Adam ([[Shabbat]] 6:12) rule that the Rama is only bedieved. Therefore, Mishna Brurah 271:62 writes that since many achronim side with Shulchan Aruch and one satisfies all opinions one should make [[Kiddish]] first, however Bedieved one can rely on the Rama to make [[Kiddish]] on wine if one did in fact wash first. Kaf HaChaim 271:77 adds in the name of the Bach that if one didn't make the bracha on [[Netilat yadayim]] one should make [[Kiddish]] on wine and then rewash so that one doesn't loose the [[Kiddish]] over wine. </ref>
# Nonetheless, some Ashkenazim have the Minhag (specifically German Jews) to specifically wash before making [[Kiddish]] over wine and they have what to rely on. <ref> See previous note. Rama 271:12 writes that such was the minhag of Ashkenaz to wash before [[Kiddish]]. The Bet Yosef 271:12 comments that he saw some Sephardim who had such a practice but sternly disagreed based on the Rif and Rambam. </ref>
# There is no difference concerning the order between the one making the [[Kiddish]] and other members of the family. <ref> Magen Avraham 271:26 in name of Hagahot Mordechai (it seems that he means Mordechai pg 37b), Bach 271:11 (s.v. VeleInyan) distinguish between the one making [[Kiddish]] and the other members of the family for whom [[Kiddish]] won't be an interruption. Kaf HaChaim 271:79 argues that there's no difference between the one making [[Kiddish]] and the other family members. </ref>
# If one's minhag is to wash first, it's forbidden to dilute the wine between the washing and [[Kiddish]] as that would be an interruption between washing and the meal. Some say one also shouldn't pour the wine from the bottle between washing and the meal as it constitutes an interruption. <ref> Magen Avraham 271:27 writes that even according to Rabbenu Tam (Pesachim 106 s.v. Mekadesh) that Lechatchila one can wash before [[Kiddish]], explains that Bet Hillel ([[Brachot]]) says to make [[Kiddish]] first in the case where one has to dilute the wine becasue diluting wine takes precision and is definitely an interruption. Magen Avraham adds that according to the stringent opinion in Shulchan Aruch 166:1 (which is the Tur based on the Yerushalmi) one should be strict not to make any interruption. The Magen Avraham is brought as halacha by the Tosfet [[Shabbat]] 271:34 and Kaf HaChaim 271:78. </ref>
# If by accident one washed one's hands for bread before [[Kiddish]], according to Sephardim one should make [[Kiddish]] on bread <ref>Shulchan Aruch 271:12 </ref> unless one person of the group hasn't yet washed and can perform [[Kiddish]] over wine for everyone else (by saying it aloud while they listen)<ref>Menuchat Ahava (vol 1 pg 143) [http://www.dailyhalacha.com/Display.asp?PageIndex=9&ClipID=960 see dailyhalacha] </ref> and according to Ashkenazim one should make [[Kiddish]] on wine. <ref>Mishna Brurah 271:62 </ref>

==Eating in the place one made Kiddish (Kiddush Bimakom Seuda)==
# In the place where one made [[Kiddish]] one should make sure to have a meal there.<ref>Shmuel in Gemara Pesachim 101a says that one should only say Kiddush in the place where one is going to have a meal. The Rosh (Pesachim 10:5) says that this is based on the pasuk "VeKarata LeShabbat Oneg" which Chazal explain with "Kriyah" as a reference to Kiddush and "Oneg" to the meal and so the pasuk means, in the place of Oneg one should have Kriyah. Shulchan Aruch 273:4 and Kitzur Shulchan Aruch 77:14 codify this as the halacha.</ref> This applies both for the nighttime and daytime Kiddush.<ref>Kitzur Shulchan Aruch 77:14</ref>
# One should begin to eat something immediately after [[Kiddish]]. After the fact, as long as one had intent to eat immediately one doesn't need to make [[Kiddish]] again even if one made a long interruption and had a Hesech HaDaat (interruption of thought). However, if one didn't have intent to eat right away and then made an interruption of 72 minutes a new Kiddush is needed. <ref> Preferably, Rama 273:3 writes that one should make one's meal immediately after [[Kiddish]]. Mishna Brurah 273:12 explains that preferably, one should eat one's meal right after [[Kiddish]] without waiting. However, Bedieved, Mishna Brurah 273:12 and Piskei Teshuvot 273:3 based on Aruch HaShulchan 263:1 write that one shouldn't make a new [[Kiddish]] even if one had a long break or made a change in place and returned to the place of the [[Kiddish]]. On the other hand, if one didn't have in mind to eat immediately and then made an interruption, Mishna Brurah 273:14 writes that a new Kiddush is needed. Halichot Olam (vol 3, pg 3) defines this interruption as 72 minutes. </ref>
## Even though Kiddush should be recited immediately prior to the meal, if there is a halachic need related to the meal to delay it, it is permitted. For example, the Kiddush at the seder on Pesach is made much in advance of the meal but it is acceptable since the Maggid is a necessary prerequisite to the meal.<Ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=15 (Kol Sinai Tevet 5724 p. 15)] writes that Maggid doesn't make the Kiddush before the meal not adjacent to the meal because the Maggid is necessary for the meal as we need to speak about the Matzah (Lechem Shonim Alav Devarim Harbeh). Halichot Shlomo of Rav Shlomo Zalman Auerbach (Moadim v. 2 p. 248 9:14) agrees and explains that the Maggid is intrinsically part of the meal and such was the establishment of chazal. See Rav Chaim Palagi Haggadah regarding how Maggid is an extension of Kiddush (like the Rif cited by Avudraham why there's no bracha on Maggid since Kiddush already fulfills the mitzvah of Maggid).</ref>
# In order to have [[Kiddish]] in the place where one eats and that the [[Kiddish]] is considered a proper [[Kiddish]], one must eat at least a [[Kezayit]] of [[mezonot]], bread, or a reviyit of wine. <ref> Shulchan Aruch 273:5 writes in name of the Geonim that one can fulfill the obligation to eat in the place of where one makes [[Kiddish]] by eating bread or wine. Magen Avraham 273:10 and Mishna Brurah 273:21 rule that a [[Kezayit]] is needed to fulfill this obligation. Mishna Brurah 273:25 comments that certainly [[mezonot]] fulfills the obligation as it's more significant than wine. Mishna Brurah 273:25 writes in name of Hagahot Rabbi Akiva Eiger and Tosefet [[Shabbat]] that wine doesn't fulfill one's obligation according to many and so one should only rely on this in cases of need. Piskei Teshuvot writes that it seems that there's a dispute between the Magen Avraham 273:11 and the Shaarei Teshuva 289:1 whether one can fulfill one's fulfill with [[mezonot]] that's not Pat HaBah Bekisnin. The Mishna Brurah 273:25 holds like the Magen Avraham and one can fulfill one's obligation by having any [[mezonot]]. Shemirat [[Shabbat]] KeHilchato 52:24, Sh"t Az Nidabru 8:31, Kiddush KeHilchato (pg 195), Sh"t Or Letzion (vol 2, 20:28), and Yalkut Yosef ([[Shabbat]] vol 1 pg 196; Halichot Olam (Vol 3, pg 1)) agree. </ref> Even though theoretically this applies also at night, one should be strict at night not to rely on this.<ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=13 (Kol Sinai Tevet 5724 p. 13)] writes that since some disagree with the geonim we shouldn't rely on them at night when Kiddush is Biblical.</ref>
# If someone is reciting kiddush in one room and someone else is hearing the kiddush in another room if the person listening to the kiddush is going to eat his meal in the room where he is that is considered kiddush in the place of the meal. The reason is that the one fulfilling his obligation of kiddush needs to be in the room where he is going to eat his meal and not where the person making kiddush is.<ref>Maharam Chalavah Pesachim 101a explains that they used to make kiddush in shul and people in a nearby room would hear the kiddush and fulfill their obligation and eat there. It is considered kiddush in the place where they're going to eat since they're fulfilling their obligation and they're the ones eating. The location of the making kiddush doesn't impact that. Tosfot Pesachim 101a s.v. dochlu implies otherwise. Nonetheless, the Bet Yosef 273:6 cites the Rabbenu Yerucham, Smag, and Hagahot Maimoniyot who agreed with Maharam Chalavah. Shulchan Aruch OC 273:6 holds like Maharam Chalavah. Rabbi Akiva Eiger 273:2 explains that those listening to the kiddush are like making kiddush themselves.</ref>

== Women ==
# The Mitzvah of Kiddush is unique in that women are obligated even though it is a Mitzvat Aseh She’Hazman Grama, based on a Talmudic derivation that since women are obligated by the prohibitions of [[Shabbat]], they are also obligated in the positive commandments of the day.<ref>On [[Berachot]] 20b, Rava says that women are obligated in [[Kiddish]] on a Deoritta level because the torah compares the positive and negative commandments of [[Shabbat]] by switching the terms "Zachor" and "Shamor" implying that anyone who is obligated in the negative commands is also obligated in the positive ones. Shulchan Aruch 271:2 and Kitzur Shulchan Aruch 77:4 codify this as the halacha. A woman's obligation applies both at night (Mishna Brurah 271:3) and during the day (Mishna Brurah 289:6). Maharam Chalava pesachim 106a "bayom mai" disagrees and says that women aren't obligated during the day </ref>
# Since women are obligated on a biblical level, they should either listen to their husband or hear another adult make [[Kiddish]] and answer [[Amen]], or say it themselves. <ref> Since women are obligated in [[Kiddish]] on a biblical level, they can definitely make [[Kiddish]] for themselves. Additionally since a man is obligated, a women can fulfill her obligation with the man's [[Kiddish]] as they both have a Deorittah obligation. According the Magen Avraham that one fulfills the Deorittah obligation in [[prayer]], if a man and women have both already prayed, they can fulfill each other's obligation since they have equal obligations. However, if the man prayed and the women didn't, then the man is obligated on a Rabbinical level and the women is obligated on a Biblical level. If so, Rav Yechezkel Landau in Dagul Mirvavah 271:2 asks, whether the women can't fulfill her obligation with the man's reading, or perhaps she can because nonetheless, men are able to fulfill the obligation of others using Arevim Zeh LaZeh (the side is also not definite because the Rosh ([[Brachot]] 3:13 last line) writes that women aren't included in Arevim). He leaves it unanswered and the Kitzur Shulchan Aruch 77:4 writes that it's preferable that women say the [[kiddish]] along with the one making [[Kiddish]] so that they are fulfilling their own obligation. However, the Sh"t Rabbi Akiva Eiger 1:7 argues that certainly women are included in Arevim Zeh LaZeh (and explains that the Rosh was talking about mitzvot that women are exempt from) and so a man with a Derabbanan obligation can fulfill a woman's obligation even if she is has a Deorittah obligation. Aruch HaShulchan 271:6 and Chazon Ovadyah ([[Shabbat]] vol 2 pg 24) concur. </ref>
# Technically a woman can fulfill the obligation of her husband and family though it isn't advised. <ref> Shulchan Aruch 271:2 writes that since women are obligated in [[Kiddish]] on a Deorittah level, they can fulfill the obligation of a man who also has such an obligation. Even though the Maharshal and Bach argue with this, the Taz, Magen Araham, Gra, Mishna Brurah 271:4 all agree with Shulchan Aruch that a women can fulfill the obligation of a man. Nonetheless, Eliyah Rabbah, Derech Chaim, and Mishna Brurah 271:4 write that it's preferable that a women not fulfill the obligation of men not in her family because it's not entirely appropriate. </ref>

==Children==
# Once a child has reached the age of [[chinuch]], they are required to hear the kiddush on [[Shabbat]]. Therefore in the event that the child did not hear kiddush, an adult may repeat kiddush on his behalf, even though the adult had already fulfilled this own obligation. <ref> Children in Halacha pg. 39 </ref>
==Sitting or standing for Kiddush==
# Many have the practice to sit for Kiddush, however, some have a Minhag to stand for [[Kiddish]]. <ref>
* (1) Sources that one should sit: Tosfot 43a writes that to be included in [[Kiddish]] one should sit. [Additionally, from the discussion of the Rambam (Hilchot Succah 6:12) writes that one the first night of [[Sukkot]] one should say the [[Kiddish]] standing so that one can make the bracha of LeShev BaSukkah before sitting down, implying that during the rest of the year one should say [[Kiddish]] sitting.]
* (2) Reasons one should sit: Mishna Brurah 271:46 brings the reason of the Kol Bo that one should sit as a part of [[Kiddish]] BeMakom Sueda making [[Kiddish]] in the place one will eat, and the reason of the Gra that because sitting represents an established setting and one is able to fulfill the obligation of others only is such a setting. Mishna Brurah extrapolates from the Gra's reasoning that even those who listen should preferably sit, and if they are not only standing but even moving here and there during [[Kiddish]] one certainly doesn't fulfill his/her obligation. Chaye Adam ([[Shabbat]] 6:13) writes that it's preferable to sit during [[Kiddish]] so one can see the cup (like the Rama writes 271:10 that one should look at the cup) and one's family as one makes [[Kiddish]].
* (3) Practices: Therefore, Shulchan Aruch 271:10 rules that one should stand for Vayichulu implying that one should sit for the rest of [[Kiddish]]. However, Arizal (quoted by Aruch HaShulchan 271:21) held one should stand for [[Kiddish]] out of respect for the [[Shabbat]] queen (similar to the reason Ashkenazim stand for [[Havdalah]], see Mishna Brurah 296:27). Lastly, Rama 271:10 writes that one is permitted to stand for the entire [[Kiddish]], but it's preferable to sit for [[Kiddish]]. Sh"t Igrot Moshe 5:16 writes that even the Rama only writes that it's permissible to stand for [[Kiddish]] but preferably one should sit, and so if one doesn't have a custom one should follow the Shulchan Aruch. </ref> Nonetheless, one should stand for Vayichulu. <ref> Shulchan Aruch 271:10 rules that one should stand for Vayichulu. Mishna Brurah 271:45 explains that the one should stand for Vayichulu because it acts as a testimony which in court would require one to stand. Rama 271:10 writes that the Minhag was to sit for Vayichulu except for the beginning of Vayichulu (during the words of Yom HaShishi Vayichulu HaShamayim because the first letter of those words spell Hashem's name). Mishna Brurah 271:47 explains that one can sit for Vayichulu because once one stood while it's said in Shul it can be said seated during [[Kiddish]]. Nonetheless, Mishna Brurah 268:19 writes that the minhag is like Shulchan Aruch to stand for Vayichulu. See further Rabbi Lebowitz's article on [download.yutorah.org/2009/1109/735392.pdf yutorah.org].</ref>
# For [[Shabbat]] day, the accepted custom is to sit. <ref> Rav Moshe Shternbuch (Teshuvot V’hanhagot #254) writes that even those who stand for Friday night Kiddush should sit for [[Shabbat]] day [[Kiddish]] because the reason of standing for Vayichulu and continuing doesn't apply as there is no Vayichulu, nor is there a [[Shabbat]] queen to greet. </ref>
# For [[Yom Tov]] Kiddush, many have the custom to sit, <ref> Sh"t Igrot Moshe 5:16 writes that the only reason to stand the entire [[Kiddish]] on [[Shabbat]] is because once one is standing for Vayichulu one can continue standing for the rest of the [[Kiddish]], however since there's no Vayichulu on [[Yom Tov]] one must sit according to all opinions. </ref>but some have the practice to stand.<ref>Aruch HaShulchan 271:24, Nitei Gavriel ([[Yom Tov]] vol 2, 29:18</ref>

==What to use for Kiddush?==
# One should use a full cup<ref>Gemara Brachot 51a, Shulchan Aruch 271:10. [http://www.yutorah.org/lectures/lecture.cfm/799059/Rabbi_Hershel_Schachter/Hilchos_Shabbos_4_-_Inyonei_Kiddush_and_Havdalah Rav Schachter ("Hilchos Shabbos 4", min 33-5)] based on Rabbenu Yonah holds that if the cup is two thirds full it is considered full.</ref> of wine for Kiddush. Some say that grape juice is considered equally suitable as wine<ref>Yachave Daat 2:35 writes that one can use grape juice for kiddush, and Hacham Ovadia's opinion is also found in Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 81. Or Letzion 2:20:18, Yesodei Yeshurun 3:214-215 and Mishneh Halachot 13:38 agree. [http://www.yutorah.org/lectures/lecture.cfm/799059/Rabbi_Hershel_Schachter/Hilchos_Shabbos_4_-_Inyonei_Kiddush_and_Havdalah Rav Schachter ("Hilchos Shabbos 4", min 90-2)] quotes Rav Moshe as allowing grape juice for Kiddush but saying it is best to avoid the dispute. An [http://www.torahlab.org/doitright/using_grape_juice_for_kiddush/ article on TorahLab.org] writes that the majority of poskim hold grape juice is fit for Kiddush.</ref>, while others disagree.<ref>Shemirat Shabbat Kehilchata 53:2 citing Rav Shlomo Zalman Auerbach concludes that preferably one shouldn't use grape juice for kiddush. Laws of Brachos p. 316 writes that one shouldn't use grape juice for kiddush.</ref> Regarding grape juice from concentrate see [[Grape_Juice_and_Wine#Beracha]].
# It is better to use red wine for Kiddush.<ref>Mishna Brurah 271:10; Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82</ref> If only white wine is available then one may make kiddush on it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82 </ref> If one has white wine it is preferable to use it for Shabbat day as opposed to Kiddush on Friday night.<ref>[http://www.yutorah.org/lectures/lecture.cfm/798611/Rabbi_Hershel_Schachter/Hilchos_Shabbos_3_-_Choleh_BeShabbos_&_Kiddush Rav Schachter ("Hilchos Shabbos 3" min 73)] quoting Rabbi Akiva Eiger</ref>
# One may only make kiddush on wine that is proper for nisuch on the mizbeach, therefore, malodorous wine may not be used. However, malodorous wine can be fixed by adding other wine to it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 78 </ref> Wine that has been sweetened with honey may still be used for kiddush (even though honey is an issue for nisuch on the mizbeach), the same ruling applies for all sweet wines. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 119 </ref>
# Mevushal wine may be used for kiddush. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 115 </ref>
# If wine tastes like wine but smells like vinegar then it is permissible for making kiddush, but if wine tastes like vinegar but smells like wine then it is prohibited for making kiddush. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82, based on Rambam, Hilchot Shabbat, Perek 29, Halachot 15 and 17, and S"A, Orach Chaim, 272:3 </ref>
# Ideally, one should not make kiddush on wine that has been left open overnight, nevertheless, bediavad one has fulfilled the obligation if he/she made kiddush on it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 78 </ref>
# It is permissible to use wine that was left open as long as it was stored in a closet or refrigerator. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 78 </ref>
===If there is no wine or grape juice===
# If one doesn't have wine on Friday night, kiddush should be recited on the bread and one should keep one's hands on the bread throughout the kiddush. <ref> Shulchan Aruch 272:9 writes that some say one should say kiddush on chamar medina, some say not to say kiddush at all, and some who say that bread should be used for kiddush because of its importance. Rama 279:2 comments that the minhag is like the last opinion. Kaf HaChayim 272:50 and Yalkut Yosef 272:16 write that Shulchan Aruch holds like the last opinion. Mishnah Brurah 272:28 says to put your hands on the [[challah]]. Rav Avigdor Neventzahl in his commentary on Mishna Brurah (Biyitzchak Yikare 272:28) says that one should actually hold the [[challah]]. </ref>
# If there's no wine available for [[Shabbat]] lunch one should use Chamar Medina for kiddush. If one doesn't even have Chamar Medina, one should just say hamotzi and eat the bread, and if he doesn't even have bread one may eat without [[Kiddish]]. <ref> Shulchan Aruch 289:2, Mishna Brurah 289:10. The logic behind not using bread for [[kiddish]] during the day is explained by Mishna Brurah 272:31 that if one were to recite the daytime [[kiddish]] over bread, it would be the same procedure as if he wasn't saying kiddush at all. Therefore, to make it apparent that we are saying [[kiddish]] also, we say a beracha that wouldn't normally be recited, even if that is a [[shehakol]]. As for the definition of chamar medina Mishnah Brurah 272:24 says that even beer is only permitted in a place where it is a common drink. Mishna Brurah 272:25 prohibits the use of milk or oil, and Mishna Brurah 272:30 permits the use of liquor. Rav Avigdor Neventzahl in Biyitzchak Yikare footnote 25 says that according to Rav Shlomo Zalman Auerbach milk is not allowed even in places where it is commonly used like Switzerland. He also says that juice, tea, or coffee maybe permitted but soda is definitely not because it is just like water. Rav Moshe Feinstein in Iggerot Moshe OC 2:75 defines chamar medina as something you would serve to guests who you want to show respect to. Also see [[Shevet Halevi]] 3:26 and 5:32 where Rav Vosner says even where you have wine, chamar medina can be used because in the times of the gemara, wine was far more widespread. Today however, most people do not drink wine so often so other drinks are not inferior to wine for [[kiddish]]. </ref>
# According to Sephardim, one should only use Chamar Medina for [[Shabbat]] lunch if the wine isn't available in the city but if it's just expensive one should use wine and not Chamar Medina. <ref>Yalkut Yosef ([[Shabbat]], vol 1, pg 289) </ref> According to Ashkenazim, if the wine is expensive one may use Chamar Medina for the daytime [[Kiddish]] and one who uses wine is fulfilling a preferred mitzvah. <Ref>Mishna Brurah 272:29 </ref>
# One may not use soda for [[Kiddish]] because soda isn't considered Chamar Medina.<ref>Sh"t Igrot Moshe 2:75 rules that soda is just like water and can not be used for [[Kiddish]].</ref>

==Mistakes in Kiddush of Yom Tov==
# In Kiddush of Yom Tov if someone said Mikadesh Yisrael and didn’t add Ve’hazmanim he didn’t fulfill his obligation.<ref> The Gemara Pesachim 117b has a dispute between the elders of Pumpedita and Rava in tefillah whether you should say Mikadesh Yisrael or Mikadesh Yisrael Vehazmanim on Yom Tov. In Kiddush everyone agrees that you should recite Mikadesh Yisrael Vehazmanim. Magen Avraham 487:1 writes that if in Kiddush someone only say Mikadesh Yisrael he didn’t fulfill his obligation. Kaf Hachaim 487:17 and Zichron Yonah Avodat Halevim 30:1 agree.</ref>
# In Kiddush of Yom Tov if someone said Mikadesh Hashabbat instead of Mikadesh Yisrael Ve’hazmanim he didn’t fulfill his obligation unless he fixed it within toch kdei dibbur.<ref>Regarding Tefillah, Shulchan Aruch 487:1 and Mishna Brurah 487:5 hold that the Shabbat conclusion doesn’t fulfill the obligation of the Yom Tov one. Mishna Brurah holds that it can be fixed within a toch kdei dibbur. Magen Avraham 487:2 implies that the same is true of kiddush. Zichron Yonah 30:2 writes so explicitly.</ref>
# If someone said the Yom Tov Kiddush for the main text of the bracha which mentions Yom Tov in the middle and then concluded with Mikadesh Hashabbat one doesn’t fulfill his obligation.<ref>Regarding Tefillah, the Magen Avraham 487:2 writes that mentioning Yom Tov in the middle is sufficient even with a wrong conclusion but he seems to retract that opinion. Mishna Brurah 487:4 concludes that one doesn’t fulfill one’s obligation. Zichron Yonah 30:2 applies this to Kiddush.</ref>
# If you forgot to say Shehechiyanu you can say it afterwards anytime during the Yom Tov, for Pesach and Sukkot until the end of the 7 days.<ref>Eruvin 40b, Mishna Brurah 473:1, Zichron Yonah 30:4</ref>
# In Kiddush of Yom Tov that fell out on Shabbat includes both Shabbat and Yom Tov. If one only said the kiddush of Shabbat or Yom Tov one doesn’t fulfill one’s obligation.<Ref>Shulchan Aruch 487:1 writes that if one said Shabbat kiddush on Yom Tov one doesn’t fulfill one’s obligation. Zichron Yonah 30:6 writes that if on Shabbat Yom Tov one said either the Shabbat or Yom Tov kiddush separately and not both one didn’t fulfill one’s obligation. Rivevot Efraim 4:117 agrees.</ref>
# If one said the middle of the kiddush correctly and in the conclusion he made a mistake and only mentioned Shabbat according to many poskim one fulfilled one’s obligation. If one said the middle of the kiddush correctly and in the conclusion he made a mistake and only mentioned Yom Tov according to many Ashkenazic poskim one didn’t fulfill one’s obligation but according to Sephardim one did fulfill one’s obligation.<ref>Regarding Tefillah there is a dispute between the Knesset Hagedola who holds that concluding with one of the two conclusions is sufficient and the Pri Chadash who disagrees. Biur Halacha 487:1 makes a compromise and says that if he mentioned Shabbat that is sufficient but if he only mentioned Yom Tov that is insufficient. Kaf Hachaim 487:20 holds that in all cases out of doubt he shouldn’t repeat the bracha. Zichron Yonah 30:7 applies this discussion to Kiddush.</ref>
# If one mentioned Yom Tov in Kiddush but not the specific one there’s a dispute if one fulfilled one’s obligation.<ref>Leket Shichacha Vtaut p. 397 writes that the Bet Yehuda 4 holds that one fulfills one's obligation if one mentioned Yom Tov but just didn't mention which Yom Tov it was, but the Mishna Brurah 427:11 holds that one doesn't fulfill one's obligation. Shemirat Shabbat Khilchata v. 2 p. 110 holds like the Mishna Brurah.</ref>
==Questions and Answers==
# Is it permissible to have [[Kiddish]] before [[Mussaf]]? [[Kiddush#eatingbeforemussaf|click here]]

== Sources ==
{{Reflist|2}}
[[Category:Brachot]]
[[Category:Holidays]]
[[Category:Pesach]]
[[Category:Shabbat]]
[[Category:Sukkot]]

Tzoveya

2018-12-13T15:26:33Z

Ezralevy: /* Liquids */

{{Okay}}
One of the 39 Melachot on [[Shabbat]] is [[dyeing]]. The primary prohibition is to color a material with dyes, while the [[Toldah]] is to create a liquid dye. <ref>Rambam ([[Shabbat]] 9:13-4)</ref>
==Foods==
# There's no prohibition of [[dyeing]] foods on [[Shabbat]]<ref>Shulchan Aruch 320:19, Yabia Omer 2:20, Hacham Ovadia's opinions is also found in Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 84, which says that tzevia does not apply to foods and drinks.<br />
The Shibolei HaLeket (Siman 86) quotes the Yereyim as stating that there is no violation of dyeing when adding saffron to food, even though it gives it a color, because it is dissimilar to the way dyeing is normally done. Rabbi Ribiat (39 Melachos p. 750) gives two explanations of this idea. Rav Hershel Schachter (Shabbos Shiur #16 min 55-60) suggests another reason: coloring food before you eat it could be considered part of the process of eating, derech achila. See the Shaar HaTziyun (318:65) who notes some achronim who disagree and the Yabia Omer O.C. 2:20 who defends the idea that there’s no tzoveya by food.</ref> even if one intended on [[dyeing]] the food. <ref>Mishna Brurah 320:56</ref>
# However, [[dyeing]] liquor or honey in order that it is more marketable is forbidden because of [[dyeing]] besides for performing a weekday activity on [[Shabbat]] ([[Uvda DeChol]]).<ref>Mishna Brurah 320:56, Chaye Adam (Shabbat 24:3)</ref> Additionally, put dyes in water and leaving it in the sun in order to make dye is a Biblical prohibition.<ref>Mishna Brurah 320:56</ref>

==Liquids==
# Since there's no prohibition of [[dyeing]] foods, it is permitted to pour red wine into white wine on [[Shabbat]]. <ref>Mishna Brurah 320:56; Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 84 includes that tzevia does not apply to beverages </ref> However, a case where one’s intent is to improve the esthetic appearance of the food, such as adding red wine to white wine for the Pesach Seder, may be an issue of tzoveya.<ref> Nishmat Adam 24:3, Rabbi Ribiat (p. 753). </ref> Additionally, this could potentially be considered lasting because one wants the wine to stay colored until one drinks it, thereby serving a purpose for as long as it is colored.<ref> Suggestion based on Nishmat Adam 24:3</ref>
# Some permit adding coloring to a liquid if the liquid only becomes weakly colored (not concentrated) and wouldn't be fit to dye something else. <ref>Or Letzion (v. 1, Siman 29), Kesot HaShulchan (Badei HaShulchan 146:14)</ref>
# It is permitted to use a toilet that has a colored soap that colors the incoming water when flushed. <ref>Or Letzion (v. 1, Siman 29) permitted to use a toilet that has a colored soap that colors the incoming water when flushed for 4 reasons. (1) The waters don't become a dye, but rather are weakly colored. (2) The dyes aren't permanent and are usually flushed away. (3) One doesn't intend to dye the water. (4) It is a Pesik Reisha DeLo Nicha Leh on a Derabbanan and its Koach Sheni. </ref>

==Other Items==
===Photochromic Glasses===
# Many poskim allow wearing glasses that will darken when you go out into the sun and don't think it's a problem of coloring the lenses. <ref> Igrot Moshe 3:45, Shemirat [[Shabbat]] Kehilchita (ch. 18 fnt. 70), Yalkut Yosef ([[Shabbat]] v. 3, p. 377), Sh"t Bitzel Hachochma 4:4, [http://www.dailyhalacha.com/m/halacha.aspx?id=605 Rabbi Eli Mansour].
* Shemirat Shabbat Kehilchita 18 footnote 70 writes that wearing the glasses doesn’t constitute tzoveya because the coloring is only temporary and isn’t considered as though a person is doing any action by simply wearing them in the sun.
* Orchot Shabbos 15:96 questions this second reasoning based on the Gemara Sanhedrin 77a, not considering this to be grama. Rather he permits it because dyeing means adding an external dye to a material to give a color; in this case, with photosensitive glasses, the glass itself changes colors and no external substance is being added.
* see [http://www.yutorah.org/lectures/lecture.cfm/774945/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Crocs_and_Glasses_that_Change_Color_in_the_Sun Rabbi Ayreh Lebowitz] for more on this </ref>

==Links==
* [http://www.yutorah.org/lectures/lecture.cfm/730808/Rabbi_Daniel_Stein/Meleches_Tzoveiya_-_1_-_Dyeing,_Drawing,_and_Shabbos_Cosmetics_ Meleches Tzoveiya: Dyeing, Drawing, and Shabbos Cosmetics] by Rabbi Daniel Stein
* [http://www.yutorah.org/lectures/lecture.cfm/774945/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Crocs_and_Glasses_that_Change_Color_in_the_Sun Crocs and Glasses that Change Color in the Sun] by Rabbi Aryeh Lebowitz
==Sources==
<references/>
[[Category:Orach Chaim]]
[[Category:Shabbat]]

Tzoveya

2018-12-13T15:25:16Z

Ezralevy: /* Foods */

{{Okay}}
One of the 39 Melachot on [[Shabbat]] is [[dyeing]]. The primary prohibition is to color a material with dyes, while the [[Toldah]] is to create a liquid dye. <ref>Rambam ([[Shabbat]] 9:13-4)</ref>
==Foods==
# There's no prohibition of [[dyeing]] foods on [[Shabbat]]<ref>Shulchan Aruch 320:19, Yabia Omer 2:20, Hacham Ovadia's opinions is also found in Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 84, which says that tzevia does not apply to foods and drinks.<br />
The Shibolei HaLeket (Siman 86) quotes the Yereyim as stating that there is no violation of dyeing when adding saffron to food, even though it gives it a color, because it is dissimilar to the way dyeing is normally done. Rabbi Ribiat (39 Melachos p. 750) gives two explanations of this idea. Rav Hershel Schachter (Shabbos Shiur #16 min 55-60) suggests another reason: coloring food before you eat it could be considered part of the process of eating, derech achila. See the Shaar HaTziyun (318:65) who notes some achronim who disagree and the Yabia Omer O.C. 2:20 who defends the idea that there’s no tzoveya by food.</ref> even if one intended on [[dyeing]] the food. <ref>Mishna Brurah 320:56</ref>
# However, [[dyeing]] liquor or honey in order that it is more marketable is forbidden because of [[dyeing]] besides for performing a weekday activity on [[Shabbat]] ([[Uvda DeChol]]).<ref>Mishna Brurah 320:56, Chaye Adam (Shabbat 24:3)</ref> Additionally, put dyes in water and leaving it in the sun in order to make dye is a Biblical prohibition.<ref>Mishna Brurah 320:56</ref>

==Liquids==
# Since there's no prohibition of [[dyeing]] foods, it is permitted to pour red wine into white wine on [[Shabbat]]. <ref>Mishna Brurah 320:56; Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 84 </ref> However, a case where one’s intent is to improve the esthetic appearance of the food, such as adding red wine to white wine for the Pesach Seder, may be an issue of tzoveya.<ref> Nishmat Adam 24:3, Rabbi Ribiat (p. 753). </ref> Additionally, this could potentially be considered lasting because one wants the wine to stay colored until one drinks it, thereby serving a purpose for as long as it is colored.<ref> Suggestion based on Nishmat Adam 24:3</ref>
# Some permit adding coloring to a liquid if the liquid only becomes weakly colored (not concentrated) and wouldn't be fit to dye something else. <ref>Or Letzion (v. 1, Siman 29), Kesot HaShulchan (Badei HaShulchan 146:14)</ref>
# It is permitted to use a toilet that has a colored soap that colors the incoming water when flushed. <ref>Or Letzion (v. 1, Siman 29) permitted to use a toilet that has a colored soap that colors the incoming water when flushed for 4 reasons. (1) The waters don't become a dye, but rather are weakly colored. (2) The dyes aren't permanent and are usually flushed away. (3) One doesn't intend to dye the water. (4) It is a Pesik Reisha DeLo Nicha Leh on a Derabbanan and its Koach Sheni. </ref>

==Other Items==
===Photochromic Glasses===
# Many poskim allow wearing glasses that will darken when you go out into the sun and don't think it's a problem of coloring the lenses. <ref> Igrot Moshe 3:45, Shemirat [[Shabbat]] Kehilchita (ch. 18 fnt. 70), Yalkut Yosef ([[Shabbat]] v. 3, p. 377), Sh"t Bitzel Hachochma 4:4, [http://www.dailyhalacha.com/m/halacha.aspx?id=605 Rabbi Eli Mansour].
* Shemirat Shabbat Kehilchita 18 footnote 70 writes that wearing the glasses doesn’t constitute tzoveya because the coloring is only temporary and isn’t considered as though a person is doing any action by simply wearing them in the sun.
* Orchot Shabbos 15:96 questions this second reasoning based on the Gemara Sanhedrin 77a, not considering this to be grama. Rather he permits it because dyeing means adding an external dye to a material to give a color; in this case, with photosensitive glasses, the glass itself changes colors and no external substance is being added.
* see [http://www.yutorah.org/lectures/lecture.cfm/774945/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Crocs_and_Glasses_that_Change_Color_in_the_Sun Rabbi Ayreh Lebowitz] for more on this </ref>

==Links==
* [http://www.yutorah.org/lectures/lecture.cfm/730808/Rabbi_Daniel_Stein/Meleches_Tzoveiya_-_1_-_Dyeing,_Drawing,_and_Shabbos_Cosmetics_ Meleches Tzoveiya: Dyeing, Drawing, and Shabbos Cosmetics] by Rabbi Daniel Stein
* [http://www.yutorah.org/lectures/lecture.cfm/774945/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Crocs_and_Glasses_that_Change_Color_in_the_Sun Crocs and Glasses that Change Color in the Sun] by Rabbi Aryeh Lebowitz
==Sources==
<references/>
[[Category:Orach Chaim]]
[[Category:Shabbat]]

Tzoveya

2018-12-13T15:24:13Z

Ezralevy: /* Foods */

{{Okay}}
One of the 39 Melachot on [[Shabbat]] is [[dyeing]]. The primary prohibition is to color a material with dyes, while the [[Toldah]] is to create a liquid dye. <ref>Rambam ([[Shabbat]] 9:13-4)</ref>
==Foods==
# There's no prohibition of [[dyeing]] foods on [[Shabbat]]<ref>Shulchan Aruch 320:19, Yabia Omer 2:20, Hacham Ovadia's opinions is also found in Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 84.<br />
The Shibolei HaLeket (Siman 86) quotes the Yereyim as stating that there is no violation of dyeing when adding saffron to food, even though it gives it a color, because it is dissimilar to the way dyeing is normally done. Rabbi Ribiat (39 Melachos p. 750) gives two explanations of this idea. Rav Hershel Schachter (Shabbos Shiur #16 min 55-60) suggests another reason: coloring food before you eat it could be considered part of the process of eating, derech achila. See the Shaar HaTziyun (318:65) who notes some achronim who disagree and the Yabia Omer O.C. 2:20 who defends the idea that there’s no tzoveya by food.</ref> even if one intended on [[dyeing]] the food. <ref>Mishna Brurah 320:56</ref>
# However, [[dyeing]] liquor or honey in order that it is more marketable is forbidden because of [[dyeing]] besides for performing a weekday activity on [[Shabbat]] ([[Uvda DeChol]]).<ref>Mishna Brurah 320:56, Chaye Adam (Shabbat 24:3)</ref> Additionally, put dyes in water and leaving it in the sun in order to make dye is a Biblical prohibition.<ref>Mishna Brurah 320:56</ref>

==Liquids==
# Since there's no prohibition of [[dyeing]] foods, it is permitted to pour red wine into white wine on [[Shabbat]]. <ref>Mishna Brurah 320:56; Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 84 </ref> However, a case where one’s intent is to improve the esthetic appearance of the food, such as adding red wine to white wine for the Pesach Seder, may be an issue of tzoveya.<ref> Nishmat Adam 24:3, Rabbi Ribiat (p. 753). </ref> Additionally, this could potentially be considered lasting because one wants the wine to stay colored until one drinks it, thereby serving a purpose for as long as it is colored.<ref> Suggestion based on Nishmat Adam 24:3</ref>
# Some permit adding coloring to a liquid if the liquid only becomes weakly colored (not concentrated) and wouldn't be fit to dye something else. <ref>Or Letzion (v. 1, Siman 29), Kesot HaShulchan (Badei HaShulchan 146:14)</ref>
# It is permitted to use a toilet that has a colored soap that colors the incoming water when flushed. <ref>Or Letzion (v. 1, Siman 29) permitted to use a toilet that has a colored soap that colors the incoming water when flushed for 4 reasons. (1) The waters don't become a dye, but rather are weakly colored. (2) The dyes aren't permanent and are usually flushed away. (3) One doesn't intend to dye the water. (4) It is a Pesik Reisha DeLo Nicha Leh on a Derabbanan and its Koach Sheni. </ref>

==Other Items==
===Photochromic Glasses===
# Many poskim allow wearing glasses that will darken when you go out into the sun and don't think it's a problem of coloring the lenses. <ref> Igrot Moshe 3:45, Shemirat [[Shabbat]] Kehilchita (ch. 18 fnt. 70), Yalkut Yosef ([[Shabbat]] v. 3, p. 377), Sh"t Bitzel Hachochma 4:4, [http://www.dailyhalacha.com/m/halacha.aspx?id=605 Rabbi Eli Mansour].
* Shemirat Shabbat Kehilchita 18 footnote 70 writes that wearing the glasses doesn’t constitute tzoveya because the coloring is only temporary and isn’t considered as though a person is doing any action by simply wearing them in the sun.
* Orchot Shabbos 15:96 questions this second reasoning based on the Gemara Sanhedrin 77a, not considering this to be grama. Rather he permits it because dyeing means adding an external dye to a material to give a color; in this case, with photosensitive glasses, the glass itself changes colors and no external substance is being added.
* see [http://www.yutorah.org/lectures/lecture.cfm/774945/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Crocs_and_Glasses_that_Change_Color_in_the_Sun Rabbi Ayreh Lebowitz] for more on this </ref>

==Links==
* [http://www.yutorah.org/lectures/lecture.cfm/730808/Rabbi_Daniel_Stein/Meleches_Tzoveiya_-_1_-_Dyeing,_Drawing,_and_Shabbos_Cosmetics_ Meleches Tzoveiya: Dyeing, Drawing, and Shabbos Cosmetics] by Rabbi Daniel Stein
* [http://www.yutorah.org/lectures/lecture.cfm/774945/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Crocs_and_Glasses_that_Change_Color_in_the_Sun Crocs and Glasses that Change Color in the Sun] by Rabbi Aryeh Lebowitz
==Sources==
<references/>
[[Category:Orach Chaim]]
[[Category:Shabbat]]

Tzoveya

2018-12-13T15:23:32Z

Ezralevy: /* Liquids */

{{Okay}}
One of the 39 Melachot on [[Shabbat]] is [[dyeing]]. The primary prohibition is to color a material with dyes, while the [[Toldah]] is to create a liquid dye. <ref>Rambam ([[Shabbat]] 9:13-4)</ref>
==Foods==
# There's no prohibition of [[dyeing]] foods on [[Shabbat]]<ref>Shulchan Aruch 320:19, Yabia Omer 2:20.<br />
The Shibolei HaLeket (Siman 86) quotes the Yereyim as stating that there is no violation of dyeing when adding saffron to food, even though it gives it a color, because it is dissimilar to the way dyeing is normally done. Rabbi Ribiat (39 Melachos p. 750) gives two explanations of this idea. Rav Hershel Schachter (Shabbos Shiur #16 min 55-60) suggests another reason: coloring food before you eat it could be considered part of the process of eating, derech achila. See the Shaar HaTziyun (318:65) who notes some achronim who disagree and the Yabia Omer O.C. 2:20 who defends the idea that there’s no tzoveya by food.</ref> even if one intended on [[dyeing]] the food. <ref>Mishna Brurah 320:56</ref>
# However, [[dyeing]] liquor or honey in order that it is more marketable is forbidden because of [[dyeing]] besides for performing a weekday activity on [[Shabbat]] ([[Uvda DeChol]]).<ref>Mishna Brurah 320:56, Chaye Adam (Shabbat 24:3)</ref> Additionally, put dyes in water and leaving it in the sun in order to make dye is a Biblical prohibition.<ref>Mishna Brurah 320:56</ref>
==Liquids==
# Since there's no prohibition of [[dyeing]] foods, it is permitted to pour red wine into white wine on [[Shabbat]]. <ref>Mishna Brurah 320:56; Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 84 </ref> However, a case where one’s intent is to improve the esthetic appearance of the food, such as adding red wine to white wine for the Pesach Seder, may be an issue of tzoveya.<ref> Nishmat Adam 24:3, Rabbi Ribiat (p. 753). </ref> Additionally, this could potentially be considered lasting because one wants the wine to stay colored until one drinks it, thereby serving a purpose for as long as it is colored.<ref> Suggestion based on Nishmat Adam 24:3</ref>
# Some permit adding coloring to a liquid if the liquid only becomes weakly colored (not concentrated) and wouldn't be fit to dye something else. <ref>Or Letzion (v. 1, Siman 29), Kesot HaShulchan (Badei HaShulchan 146:14)</ref>
# It is permitted to use a toilet that has a colored soap that colors the incoming water when flushed. <ref>Or Letzion (v. 1, Siman 29) permitted to use a toilet that has a colored soap that colors the incoming water when flushed for 4 reasons. (1) The waters don't become a dye, but rather are weakly colored. (2) The dyes aren't permanent and are usually flushed away. (3) One doesn't intend to dye the water. (4) It is a Pesik Reisha DeLo Nicha Leh on a Derabbanan and its Koach Sheni. </ref>

==Other Items==
===Photochromic Glasses===
# Many poskim allow wearing glasses that will darken when you go out into the sun and don't think it's a problem of coloring the lenses. <ref> Igrot Moshe 3:45, Shemirat [[Shabbat]] Kehilchita (ch. 18 fnt. 70), Yalkut Yosef ([[Shabbat]] v. 3, p. 377), Sh"t Bitzel Hachochma 4:4, [http://www.dailyhalacha.com/m/halacha.aspx?id=605 Rabbi Eli Mansour].
* Shemirat Shabbat Kehilchita 18 footnote 70 writes that wearing the glasses doesn’t constitute tzoveya because the coloring is only temporary and isn’t considered as though a person is doing any action by simply wearing them in the sun.
* Orchot Shabbos 15:96 questions this second reasoning based on the Gemara Sanhedrin 77a, not considering this to be grama. Rather he permits it because dyeing means adding an external dye to a material to give a color; in this case, with photosensitive glasses, the glass itself changes colors and no external substance is being added.
* see [http://www.yutorah.org/lectures/lecture.cfm/774945/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Crocs_and_Glasses_that_Change_Color_in_the_Sun Rabbi Ayreh Lebowitz] for more on this </ref>

==Links==
* [http://www.yutorah.org/lectures/lecture.cfm/730808/Rabbi_Daniel_Stein/Meleches_Tzoveiya_-_1_-_Dyeing,_Drawing,_and_Shabbos_Cosmetics_ Meleches Tzoveiya: Dyeing, Drawing, and Shabbos Cosmetics] by Rabbi Daniel Stein
* [http://www.yutorah.org/lectures/lecture.cfm/774945/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Crocs_and_Glasses_that_Change_Color_in_the_Sun Crocs and Glasses that Change Color in the Sun] by Rabbi Aryeh Lebowitz
==Sources==
<references/>
[[Category:Orach Chaim]]
[[Category:Shabbat]]

Havdalah

2018-12-13T15:13:47Z

Ezralevy: /* Wine or other drinks */

{{Okay}}
[[Image:Havdalah.jpg|200px|right]]
Havdalah is the ceremony of separation between every [[Shabbat]] and weekday, [[Yom Tov]] and weekday, or [[Shabbat]] and [[Yom Tov]]. It is recited over a cup of wine, at night, immediately following the end of [[Shabbat]].
==Obligation==

#There's a dispute whether Havdalah is Deoritta or Derabbanan. <ref>Rambam (Hilchot [[Shabbat]] 29:1) writes that the command of "Zachor Et Yom Ha[[Shabbat]]" (Shemot 20:7) includes the positive mitzvahs of [[Kiddish]] and Havdalah every week. Other Rishonim that agree with Rambam include Ravi’ah [[Brachot]] 3:1, Ritvah as quoted by the Nimukei Yosef Pesachim 55, and Sefer Hachinuch Mitvah 31. However, Tosfot (Tosfot Nazir 4a s.v. My Hee in name of Rabbenu Tam) and the Rosh (Sh"t 11:3) hold that Havdalah is Derabbanan. Mishna Brurah 296:1 quotes both opinions and adds that if one said Havdalah in [[Tefillah]] the Havdalah on the wine is certainly Derabbanan.</ref>

===Havdalah for Yom Tov===

#After [[Yom Tov]], which is followed by a regular weekday or a day of [[Chol HaMoed]], one should say Havdalah. However, if a [[Yom Tov]] is followed by a [[Shabbat]], there is no Havdalah. <ref>Mishna Chullin 26b, Gemara [[Shabbat]] 114b, Rambam [[Shabbat]] 5:21 and 29:18, Shulchan Aruch 491:1</ref>
#Havdalah at the end of [[Yom Tov]] only consists of the Bracha of HaMavdil and there is no bracha of [[Besamim]] or Ner. <ref>Shulchan Aruch 491:1, Mishna Brurah 491:1</ref>

===When Motzei Shabbat is a Yom Tov===

#If motzei shabbat is yom tov, one may use the Yom Tov candles for havdalah.<ref>Or Letzion (v. 3, 18:6)</ref>
#It is preferable not to hold the two candles together. <ref>Or Letzion (v. 3, 18:6) based on Biur Halacha 514:2 s.v. veyechabeh</ref>

==Who is Obligated==
===Women===
There's a dispute whether women are obligated in Havdalah.

#Nonetheless, according to Sephardim women may make the it for themselves. <ref>Sh"t Yechave Daat 4:27. Rambam (Hilchot [[Shabbat]] 29:1) writes that the Havdalah is a positive command just like [[Kiddish]]. [[Maggid]] Mishna (Hilchot [[Shabbat]] 29:1) implies from the Rambam that women are obligated in Havdalah just like they are obligated in [[Kiddish]]. [[Maggid]] Mishna suggests that even according to those who argue on the Rambam, women can be obligated if the rabbis instituted Havdalah to be just like [[Kiddish]]. Orchot Chaim (Hilchot Havdalah 18; quoted by Bet Yosef 296:8) writes that because there's a dispute whether women are obligated women shouldn't make Havdalah for themselves. Nonetheless, Shulchan Aruch 296:8 rules as Stam (anonymous opinion) that women are obligated in Havdalah. </ref>
#Some Ashkenazim hold that women should not recite [[Havadalah]] for themselves, while many others say that if a woman can not find someone to hear Havdalah from, she should recite Havdalah for herself. <ref>The Rama 296:8 states that women shouldn't recite Havdalah for themselves. The Bach argues that for Ashkenazim there is an additional reason to permit women to make the bracha considering that Ashkenazim allow one to make a bracha even for Mitzvot that one is not obligated in such as [[lulav]]. Magen Avraham 296:11 agrees. Mishna Brurah 296:35 concludes that a woman should not recite Havdalah for herself unless she can't find someone to hear Havdalah from. In 296:36 he writes that certainly a woman should recite it for herself if she can't find someone else to recite for her, or the only person available to say it for her already fulfilled his obligation. See [http://www.yutorah.org/lectures/lecture.cfm/740210/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Havdalah_for_Women audio shiur] by Rabbi Aryeh Lebowitz.</ref> Some say that a woman can even say the beracha on the fire. <ref>Sh"t Iggerot Moshe CM 2:47:2, Sh"t Tzitz Eliezer 14:43, Sh"t Yechave Daat 4:27 </ref> Others disagree. <ref>Shemirat [[Shabbat]] Kihilchita 58:16 </ref>

===Children===

#Once a child has reached the age of [[Chinuch]] (5 or 6) the parents should train him in hearing havdalah <ref>Yalkut Yosef Dinei [[Chinuch]] Katan pg. 177 </ref>

==Havdalah in Davening==

#See the [[Atta Chonantanu]] page.
#If [[Motzei Shabbat]] is a [[Yom Tov]], in middle of Atta Bechartanu, one should insert VeTodiyanu in place of [[Atta Chonantanu]]. <ref>Shulchan Aruch 491:2, Mishna Brurah 491:4. see [[Atta_Chonantanu#VeTodienu | Vetodienu]] </ref>

==The order of Havdalah==

#The order of the [[Brachot]] of Havdalah is Yayin (Hagefen), [[Besamim]], Ner (Meorei HaEsh), Havdalah (Hamavdil). <ref>Shulchan Aruch 296:1 </ref>
#The custom is to add several pesukim prior to Havdalah for a good sign. For the full Ashkenazic text see [https://docs.google.com/viewer?url=http%3A%2F%2Fimage.aish.com%2Fmisc%2Fhavdallah.pdf here]. For the full Sephardic text see [http://www.daat.ac.il/daat/shabat/zmirot/motsaey-2.htm here]. <ref>*The Ashkenazic custom is to say the following text before Havdalah: הנה אל ישועתי אבטח ולא אפחד כי עזי וזמרת יה יהוה ויהי לי לישועה: ושאבתם מים בששון ממעיני הישועה: ליהוה הישועה על עמך ברכתך סלה: יהוה צבאות עמנו משגב לנו אלהי יעקב סלה: יהוה צבאות אשרי אדם בטח בך: יהוה הושיעה המלך יעננו ביום קראנו: ליהודים היתה אורה ושמחה וששן ויקר, כן תהיה לנו: כוס ישועות אשא ובשם יהוה אקרא:
*The source for the Ashkenazic text is the following: the Rama 296:1 writes that before the Bracha of Havdalah one should say Yishaya 12:2-3, Ester 8:16, Tehillim 116:13. The Aruch HaShulchan 296:8 adds 4 more pesukim after the ones in Yishaya from Tehillim 3:9, 46:8, 84:13, and 20:10. He also adds that after Ester 8:16 one should say 'כן תהיה לנו'.
*The Sephardic custom is to say the following text before Havdalah: כוס ישועות אשא ובשם ה' אקרא: אנא ה' הושיעה נא אנא ה' הצליחה נא: הצליחנו הצליח דרכינו הצליח לימודינו וכו' ושלח ברכה רוחה והצלחה בכל מעשה ידינו כדכתיב ישא ברכה מאת ה' וצדקה מאלהי ישענו: ליהודים היתה אורה ושמחה וששק ויקר: וכתיב ויהי דוד לכל דרכיו משכיל וה' עמו, כן יהיה עמנו תמיד: ונח מצא חן בעיני ה', כן נמצא חן ושכל טוב בעיני אלוקים ואדם: אלהא דמאיר עננו: ואתם הדבקים בה' אלוקיכם חיים כולכם היום:
*The source for the Sephardic text is the following: Yalkut Yosef ([[Shabbat]], vol 1, pg 449-50) writes that the Sephardic minhag is to say the following order before Havdalah: Tehillim 116:13, 118:25, a [[prayer]] beginning with הצליחנו and ending with a Tehillim 24:5, Ester 8:16, Shamuel (vol 1, 18:14), Beresheet 6:8, a [[prayer]] beginning with אלהא דמאיר, and Devarim 4:4.</ref>

==Havdalah recited by the cantor==

#The cantor recites Havdalah in the synagogue on behalf of those who have no wine or who will not recite Havdalah for himself in his home. Whoever wishes to can listen to the cantor's Havdalah in the synagogue and fulfill his obligation, even thought the listener is not holding a cup of wine. It is a widespread minhag ion our times for the cantor to recite Havdalah in synagogue, and there is no need to protest the custom. It should be made clear to the congregation, however, that everyone must recite Havdalah at home on behalf of his family members who have not heard it in the synagogue, even though he himself did hear it. <ref>Yalkut Yosef, Siman 295, Halacha 1 </ref>
#The cantor must sit down when he recites Havdalah in the synagogue, and all those of he congregation who wish to fulfill their obligation by listening to him must sit while he recites it. <ref>Yalkut Yosef, Siman 295, Halacha 2 </ref>
#The opinion of the Geonim is that whoever recites [[Kiddush]] or Havdalah must drink at least melo lugmav of the wine, and if he does not he has not fulfilled his obligation of [[Kiddush]] or of Havdalah . This opinion should be followed in practice, and therefore the person who is chosen to recite Havdalah in the synagogue must be someone who will be able to drink melo lugmav. If the only person capable of reciting Havdalah is someone who cannot drink that much wine, then he should recite Havdalah , taste a sip of the wine, and then give it to another person who can drink melo lugmav. He should inform that person beforehand that he should have in mind when listening to the blessing of boreh peri hagefen that he will drink from the cup afterward.<ref>Yalkut Yosef, Siman 295, Halacha 3 </ref>
#if someone is not sure whether or not he will have wine available for Havdalah, he should listen to the cantor recite Havdalah in the synagogue, but he should stipulate in his mind that he wishes to fulfill his obligation only if he has no wine at home, but that if he does find wine at home he does not wish to fulfill his obligation in the synagogue. Then, if he finds that there is wine available at home, he may recite Havdalah for himself in accordance with the condition he made. <ref>Yalkut Yosef, Siman 295, Halacha 4 </ref>

==Wine or other drinks==

#If one has wine, wine has precedence over any other drink. <ref>Mishan Brurah 296:8</ref> Red wine should be used, but white wine is permissible if only white wine is available. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82 </ref>
#If one doesn't have wine, one should use Chamar Medina, such as beer or cognac, but one may not use soda, coffee, tea, orange juice, lemonade, or water for Havdalah.<ref>Shulchan Aruch 296:2 writes that one may make Havdalah on beer if it is Chamar Medina or other drinks besides for water. Birkei Yosef 296:3 clarifies that the Shulchan Aruch's language of "or other drinks" didn't mean to include milk and oil, but rather he meant other types of Chamar Medina and exclude water even if the people of the town only drink water. Sh"t Igrot Moshe 2:75 rules that soda is just like water, isn't Chamar Medina, and thus, can not be used for Havdalah. Sh"t Vayan Avraham (Izrael) Siman 34 (pg 63) writes that he remembers in the holocaust the question arose whether lemonade could be used for Havdalah and he concludes that it just like water and can’t be used for Havdalah. Yalkut Yosef 296:8 writes that one may not use coffee, tea, orange juice, or soda for Havdalah, but one if there's no wine in the city, one may use beer or cognac which are considered Chamar Medina.</ref>
#One may use grape juice for Havdalah.<ref>Chazon Ovadia v. 1 p. 99 writes that grape juice is fit for kiddush and havdalah based on the Gemara Bava Batra 97a. He ends that even though it is pasteurized it is still like wine for all intents and purposes since it tastes like non-fermented wine (Shulchan Aruch O.C. 272:3). This is also in Yalkut Yosef 202 fnt. 8. Listen to [https://www.torahanytime.com/#/lectures?v=64191 Rav Yitzchak Yosef (Motzei Shabbat Matot Masei 5778 min 36)] who seems to contradict this as he says that grape juice is unfit for havdalah.</ref>

==Besamim==
see [[Besamim]]

#The Ashkenaz minhag is to make Boreh Minei Besamim (בורא מיני בשמים) which is the general Bracha for nice smells at Havdalah no matter what’s being used for besamim. However, according to Sephardim, one should make the appropriate Bracha for that besamim. <ref>Mishna Brurah 297:1, Vezot HaBracha (pg 181, chapter 19) </ref>

==Fire==

#A person needs to be able to benefit from the fire in order to recite the bracha over it. Therefore, some turn off the electric lights when making Havdalah, but others hold that the strict halacha doesn't require turning off the lights.<ref>[https://www.torahanytime.com/#/lectures?v=64191 Rav Yitzchak Yosef (Motzei Shabbat Matot Masei 5778 min 49)] said that the strict halacha doesn't require a person to turn off the electric lights since if all that is required is that if the lights were to be off it would be possible to benefit from the candle and see the difference between coins which is possible from a distance.</ref>
#Some poskim allow one to use an electric light in place of a Havdala candle in a time of need.<ref>Shaarim Metzuyanim Behalachah 96:6, Az Nidberu 8:2, Rivevot Ephraim 3:599. see also Mishpitei Uziel OC 1:9 </ref> In fact, it is reported that Rabbi Chaim Ozer Grodzinsky would always use an electric bulb for Havdala in order to demonstrate how strongly he felt that electricity is to be treated exactly like fire from the perspective of halacha.<ref>Shaarim Metzuyanim Behalachah 96:6. Sh"t Nachalat Shimon 15 says this was the practice of Rav Chaim Soloveitchik </ref>
#Nevertheless, there are those authorities who discourage the use of an electric light for Havdala. Among their opposition to is the fact that the blessing recited upon the Havdala candle includes the word "fire" which seems to imply the need for actual fire, not merely light. As such a light bulb would not be acceptable according to this view.<ref>Har Tzvi 2:114, Sh"t Yechave Daat 2:39, Maharshag 2:107, Kitzur S"A of Rabbi Raphael Baruch Toledano pg. 323 </ref> Even among the authorities who permit the use of electric lighting when needed many would disqualify the use of fluorescent bulbs as they work differently than standard light bulbs. <ref>Hachashmal L’or Hahalacha 3:88 </ref>

==Saying Havdalah Early==

#If one is has an extreme need such as a need to travel to the end of the [[Techum]] for the purpose of a mitzvah after [[Shabbat]] one may pray [[Arvit]] starting from Plag [[Mincha]] (ten and three quarter hours into the day). In such a case one may also say Havdalah early but one may not say the Bracha on the candle (Meorei HaEsh). Even in such a case it is certainly forbidden to do Melacha (activity which is forbidden on [[Shabbat]]) until [[Tzet HaKochavim]]. <ref>Shulchan Aruch O.C. 293:3 </ref>

==Until When Can One Say Havdalah?==

#If one forgot to say Havdalah on Motzei Shabbat one can say it until Tuesday.<ref>Shulchan Aruch and Rama O.C. 299:6. Even though Rav Ovadia in Yabia Omer 6:48:13 was concerned about Safek Brachot and wrote that one couldn't say it after Sunday in Yabia Omer 7:47 he retracted and followed Shulchan Aruch since the machloket is about the Mitzvah and not the bracha. Yalkut Yosef 299:7 writes that one who recites the bracha past Sunday isn't scorned, however, on the [https://www.torahanytime.com/#/lectures?v=64191 Motzei Shabbat (Matot Masei 5778 min 44-47)] shiur he seemed to support the last ruling of Rav Ovadia.</ref>

==Standing or Sitting for Havdalah==

#According to Sephardim, one should sit during Havdalah. However, the Ashkenazic minhag is to stand during [[Havadalah]]. <ref>Tosfot 43a writes that to be included in [[Kiddish]] one should sit and then asks on those who stand during [[Havadalah]] because of the same issue. Therefore, Shulchan Aruch 296:6 rules that one should sit during Havdalah. However, Rama 296:6 and the Gra (Maaseh Rav pg 103, #150) write that the Ashkenazic practice is to stand for Havdalah. Mishna Brurah 296:27 explains that the reason for the Ashkenazic minhag is to escort the [[Shabbat]] queen out and escorting must be done standing. He adds that one can fulfill the obligation of others even when standing because everyone is assembled expressed for that purpose and has Kavana to fulfill their obligation. Rav Moshe Feinstein (Teshuva Siman 3 quoted in back of Radiance of [[Shabbos]]) writes that his personal minhag was to sit like his father's minhag but because of the rishonim who hold that one may stand one should not change one's minhag. </ref>

==Doing Work before making Havdalah==

#Before one says Havdalah, one may not doing any Melacha. If one made Havdalah in [[Tefillah]], one may do Melacha. If one needs to do Melacha before saying Havdalah in [[Tefillah]], one should say "HaMavdil Ben Kodesh LeChol" (which is not a bracha) and then do Melacha. <ref>Shulchan Aruch 299:10. Rav Schachter (Eretz HaTzvi p. 57) permits preparing the wine for Havdalah because [[Hachana]] isn’t considered a Melacha and may be done after [[Shabbat]] before Havdalah. </ref>However, one may not eat until one made Havdalah over a cup of wine.<ref>Mishna Brurah 299:1</ref>
#It is permissible to use a non-religious Jewish taxi driver on [[Motzei Shabbat]] even though the taxi-driver didn't make Havdalah.<ref>Sh"t Tzitz Eliezer 12:37 writes that saying "Have a good week" does not fulfill the mitzvah of Havdalah. Sh"t Tzitz Eliezer 11:34 and 12:38 writes that there's no an issue of asking an non-religious Jew to do work for him after [[Shabbat]] since they aren't going to say Havdalah anyway, the prohibition not to do work before Havdalah doesn't set in. [http://www.dailyhalacha.com/displayRead.asp?readID=308 Rabbi Mansour on dailyhalacha.com] explains this ruling. See also [http://www.yutorah.org/lectures/lecture.cfm/735734/Rabbi_Aryeh_Lebowitz/Taking_a_Taxi_in_Israel_on_Motzai_Shabbos Rabbi Aryeh Lebowitz on yutorah.org].</ref>

==Links==

*[http://www.yutorah.org/lectures/lecture.cfm/839837/rabbi-shay-schachter/understanding-havdalah-on-motzai-shabbos/ Understanding Havdalah on Motzai Shabbos by Rabbi Shay Schachter]
*[http://www.yutorah.org/lectures/lecture.cfm/813392/rabbi-hershel-schachter/havdalah/ Havdalah] by Rabbi Hershel Schachter

==Sources==
<references />
[[Category:Prayer]]
[[Category:Shabbat]]

Kiddush

2018-12-13T15:10:47Z

Ezralevy: /* What to use for Kiddush? */

{{Good}}
[[Image:Kiddush Cup.JPG|200px|right]]
Before eating on [[Shabbat]] or [[Yom Tov]], both during the nighttime and daytime, '''Kiddush''' is recited over a cup of wine (preferably). The relevant halachot are detailed below:
==Obligation==
# The mitzvah of Kiddush is a Biblical commandment alluded to in the Ten Commandments. The Torah says, "זכור את יום השבת לקדשו" meaning "remember [[Shabbat]] to sanctify it," and one fulfills it by saying the text of [[Kiddish]] on Friday night. <ref> Rambam Sefer Hamitzvot Aseh 155, [[Chinuch]] 31, Smag Aseh 29, Sefer Hamitzvot of Rav Saadia Gaon Aseh 33 all count the mitzva to sanctify the [[shabbat]] with words based on this pasuk.
* Rambam (Hilchot [[Shabbat]] 29:1) writes that there is a positive biblical commandment to remember [[Shabbat]] based on the pasuk "זכור את יום השבת לקדשו" (Shemot 20:7). In 29:4, he writes that the primary time for the mitzvah is Friday night. Kitzur Shulchan Aruch 77:1 rules like the opinion of the Rambam. [However, it seems that Tosfot (Nazir 4a s.v. My Hee; first opinion) holds that the mitzvah of [[Kiddish]] is Derabbanan and the pasuk of Zachor is only an asmachta]. Tosafot Pesachim 106a “zochrayhu” states two opinions: 1) the cup of wine is diRabanan; 2) the cup of wine is diorayta, but the drinking is dirabanan. </ref> Many authorities consider Kiddush of [[Yom Tov]] to be Derabbanan, yet it shares all the same halachas of Kiddush of [[Shabbat]]. <Ref>Mishna Brurah 271:2, Nitei Gavriel ([[Yom Tov]] vol 2, 29:1)</ref>In addition, Chazal instituted that [[Kiddish]] be made over a cup of wine. <ref> Pesachim 106a states that the [[Kiddish]] is supposed to be said over a cup of wine. Tosfot (s.v. Zochrayhu; first opinion) and Rambam (Hilchot [[Shabbat]] 29:6) write that saying [[Kiddish]] over the cup of wine is Derabbanan. Tosfot's second opinion holds saying [[Kiddish]] over a cup of wine is Deoraittah, but drinking it is Derabbanan. </ref>
# Some authorities hold that the Biblical obligation is discharged with the [[prayer]] in Shul and that the [[Kiddish]] at home is entirely Derabbanan. <ref> Magen Avraham 271:1 writes that since the Rambam and Tosfot hold that the Deorittah part of [[Kiddish]] is that it is stated orally, one should be able to fulfill this obligation with one's [[Maariv]] [[prayer]] in Shul. This is quoted as halacha by the Bear Hetiev 271:2. However, there is a great discussion in the achronim and many argue on the Magen Avraham (Mishna Brurah 271:2 (based on the Tosfet [[Shabbat]] 271:3) argues that since one doesn't have intention to fulfill the obligation of Zachor, the [[prayer]] in shul doesn't fulfill the obligation of [[Kiddish]]). There is a dispute whether a women's lighting [[Shabbat]] candles can fulfill [[Kiddish]] Deoritta, Sh"t Mishneh Halachot 7:37 holding that it can fulfill the Deoritta obligation, while Sh"t Az Nidabru 12:1 strongly disagrees. </ref>
==Amount to Drink==
# The [[Kiddush]] cup itself must contain the volume of at least a reviis of one in order to be valid. The amount of a reviis is open to dispute. According to Rav Chaim Naeh, 3.2 fluid ounces is sufficient. According to Rav Moshe Feinstein, on Friday night one needs 4.42. During the day, Rav Moshe requires only 3.3 fluid ounces. <ref>Haggadat Kol Dodi, Mishna Brurah 183:9, Shaar HaTziyun 183:14</ref>
# In order to fulfill this obligation, one should drink most of a cup that contains at least a [[reviit]]. Some say one should only drink a Melo Lugmav (a cheekful) and some say one should preferably drink a [[Revi'it]].<ref>
* What is the minimum amount of wine one should drink for [[Kiddish]]? Shulchan Aruch 271:13 writes that for kiddush one must drink a Melo Lugmav, which is a cheekful and is the equivalent of the majority of a [[Revi'it]]. Kitzur Shulchan Aruch 77:9 agrees. Kaf HaChaim 271:83 and Or Letzion (vol 2, 20:22) write that it's preferable to drink a complete [[Reviyit]]. On the other hand, Beiur Halacha 174:6 s.v. VeChen writes that since there's a dispute whether the [[Birkat HaMazon]] will exempt the [[Bracha Achrona]] of the wine, one should preferably drink only a Melo Lugmav and not a [[Reviyit]]. Then he ends off by referencing the Shulchan Aruch's ruling in 190:3 and says that one should have intent that the [[Birkat HaMazon]] will exempt the wine before the meal. Yalkut Yosef ([[Shabbat]] vol 1, p 274) simply writes that one must drink a Melo Lugav and doesn't say it's preferable to drink a [[Reviyit]].
* See also Shulchan Aruch 190:3 who writes that because there is a dispute whether one is obligated to make a [[Bracha Achrona]] for a [[Kezayit]] or a [[Reviyit]] of wine, one shouldn't enter into that dispute and for a Kos Shel Bracha, when one needs to drink more than a Melo Lugmav, one's only option is to drink more than a [[Reviyit]]. Kaf HaChaim 271:84 quotes the Pri Megadim who explains that this doesn't apply to Kiddush before a meal since the [[Birkat HaMazon]] exempts the wine from a [[Bracha Achrona]].
* Mishna Brurah 272:30 rules that the obligation to have most of a [[Revi'it]] applies regardless of which drink you use for kiddush. Rav Tzvi [[Pesach]] Frank in Har Tzvi 1:159, however, says that since the Taz (210:1) holds that one would be obligated to say a beracha acharona on less than a [[Revi'it]] of liquor because less than that already is considered to be significant enough for a beracha acharona, the same would apply for how much you need to drink for [[kiddish]]. In regards to [[Bracha Achrona]], Mishna Brurah 190:14 based on the Magen Avraham 190 also writes that there's no difference between wine and other drinks in opposition to the Taz's opinion in that regard as well. </ref>
# For [[Kiddish]], the [[Revi'it]] should be considered to be 4.4oz. <ref>Haggadah Kol Dodi (Rabbi Dovid Feinstein, 5730, pg 4) writes that the [[Revi'it]] for kiddush on [[Shabbat]] (using the method of measuring finger-widths) should be 4.42 oz.</ref>

==Kiddish in Shul==
# In the days of the gemara, the Rabbis instituted saying [[Kiddish]] in shul for the travelers who would eat and drink in the Shul. Nowadays, when guests don't eat their meals in shul, some say that its proper not to say Kiddush in shul, while others uphold this minhag to say Kiddush in shul on Friday night. <ref>The Gemara Pesachim 100b discusses the custom to recite kiddush on Friday night in shul. The Tur 269 writes that saying Kiddush in shul was only established in order to fulfill the obligation of Kiddush for the guests who would eat their meal in shul. He says that nowadays that guests don't eat their meal in shul one shouldn't say Kiddush in shul. The Beit Yosef 269 quotes the Rabbenu Yonah, Ran, and Rashba who defend this practice of saying Kiddush in shul even if guests don't even their meal in shul. Additionally, the Rambam (Sh"t Harambam 37) writes that this minhag shouldn't be discontinued because all establishments that the rabbis made must remain even if the reason no longer applies. Rashba responsa 1:37 and Maharam Chalavah Pesachim 101a agree. Nonetheless, the Bet Yosef writes that the more proper minhag is not to say Kiddush in Shul. Shulchan Aruch 269:1 rules that some have this practice to say Kiddush in shul, but its better not to. Mishna Brurah 269:5 writes that the common minhag is to say Kiddush in shul and one shouldn't uproot it. Yalkut Yosef 269:2 writes that if there are some in shul who will not say Kiddush at their homes at all, it is not just justified but even encouraged to say Kiddush in shul, but otherwise a shul who doesn't yet have that and doesn't yet have an established minhag, shouldn't say the kiddush in shul. He continues that whatever shul already has the minhag to say it, they should not be stopped because this minhag has its basis.
* Sh"t Yachin Uboaz 118 writes that that the Rashbetz wouldn't answer [[amen]] to the kiddush in shul because of the safek beracha livatala.</ref>
# This minhag applies to [[Shabbat]] and [[Yom Tov]] except for the first day of [[Yom Tov]] of [[Pesach]] (and second in Chutz LaAretz). <ref>Mishna Brurah 269:5, BeYitchak Yikare adds second day in chutz la'aretz </ref>
# The one making [[Kiddish]] in shul shouldn't drink from the wine but rather give it to children to drink. Some say that the children should be below the age of [[chinuch]] (6 or 7) while others say that it's better to give it a child above that age. If it is not possible to find a child to drink the wine, an adult should drink it but should make sure to drink a [[Reviyit]] or more, say a [[Bracha Achrona]], and have intent to fulfill the mitzvah of [[kiddish]]. <Ref>Shulchan Aruch 269, Mishna Brurah 269:1, Yalkut Yosef 269:2. The Magen Avraham 269:1 explains that it is permitted to have the child drink the kiddush wine even though his meal isn't there and it is like eating before kiddush. He explains it is permitted for a child to eat before kiddush for several reasons: 1) Since eating before kiddush is a prohibition implied from a mitzvah it isn't an issue of feeding something forbidden to children. (Yalkut Mefarshim on Ran Yoma 3a agrees.) 2) Since the prohibition is only related to time and not intrinsic to the food it is permitted to feed to children. (Meor Yisrael Ymoa 78b agrees.) 3) According to the Geonim it is permitted to just have the cup of kiddush without the meal there and for children that is sufficient to rely upon. 4) According to the Rashba and Ran it is permitted to feed a child a rabbinic prohibition. </ref>
# The minhag is to stand for [[kiddish]] in shul. <ref> Rama 269:1 </ref>

==Kiddish at night==
# On Friday night, one should hurry home after shul to bring in the [[Shabbat]] and not taryy in conversation at shul. <ref> Yalkut Yosef [[Shabbat]] 1 271:1 </ref>
# Kiddush at night is considered greater than the Kiddush of the day.<ref> The Ran on Gemarah Pesachim 106a says that the [[Kiddish]] of the night is Deoritta while that of the day is Derabbanan. </ref> Therefore, if one has two bottles of wine the better bottle should be used for Kiddush at night. (However, the day is considered greater in general and should have the better selection by everything else). <ref> Gemarah Pesachim (105a)</ref>
# The text of [[Kiddish]] includes Yom HaShishi, which are pesukim describing [[Shabbat]], and two [[Brachot]], Borei Peri HaGafen, and Mekadesh Ha[[Shabbat]]. <ref> Rambam (Hilchot [[Shabbat]] 29:7) writes that the order of [[Kiddish]] is Vayichulu (which are pesukim said based on Minhag), the Borei Pri Hagefen and then Mikdash Ha[[Shabbat]] (the text of which can be found in Rambam 29:2). </ref>
# When reciting [[Kiddush]] on Friday night, we say the words "ויהי ערב ויהי בקר" - "Vayihi erev vayihi boker" quietly before saying "יום הששי" Yom Hashishi. While we generally avoid reciting Pesukim in ways which differ from their presentation in the Torah<ref>Tanit 27b, [[Megillah]] 22a. "כל פסוקא דלא פסקיה משה אנן לא פסקינן".</ref>, nonetheless we only say the second part, and don't say the first part of the Pasuk quietly because Chazal understand the words "טוב מאד" as a reference to death. However, there is debate whether one is allowed to say only part of a Pasuk so some are careful to add the rest of the Pasuk ''Vayar Elokim Et Kol Asher Asa Vehini Tov Meod, Veyihi Erev Vayihi Boker Yom Hashishi''.<ref>Rama 271:10, Levush 271:10, Aruch HaShulchan 271:25, Chatom Sofer OC 10. Chatom Sofer OC 1:51 explains the minhag is based on the fact that we want to mention yom hashishi before vayichulu hashamayim since there’s an acrostic of Hashem’s name of the first letter of each of those four words. But since we don’t want to mention only two words from a pasuk since it is meaningless we include a whole phrase. However, we don’t want to say the whole pasuk since the midrash says that there’s a reference to death in the beginning of the pasuk. [http://www.havabooks.co.il/sms.asp?cat=6 Rav Aviner] Nefesh Harav (p. 159) quotes Rav Soloveitchik as having the practice to say the beginning part of the pasuk quietly to himself. He also cites this as the practice of the Steipler (Orchot Rabbenu v. 1 p. 109).</ref>

==Kiddish of the day==
# The text of [[Kiddish]] during the day is just Borei Pri Hagefen. <ref> The Gemara Pesachim 106a states that the primary [[Kiddish]] is at night, but there's also a [[Kiddish]] of the day. Even though it seems to be Deorittah as the gemara learns it from a pasuk, the Rishonim agree that the pasuk is only an asmachta (Ravad and Magid Mishna (Hilchot [[Shabbat]] 29:10), quoted by Bear Heitiv 289:2) and the obligation of [[Kiddish]] during the day is only Rabbinic. The gemara concludes that the text of such a [[Kiddish]] is just Borei Pri [[HaGefen]]. Rambam (Hilchot [[Shabbat]] 29:10) and Shulchan Aruch 289:1 rule this as halacha. </ref> However, many have the minhag to say Pesukim before saying the Bracha. Some say two paragraphs<ref> Siddur </ref>, "Veshamaroo" and "Zachor" and others have the minhag to add another paragraph before these starting with "Im tashiv Mishabbos Raglecha" which are the Pesukim in Yeshaya which inlude the Pasuk from which the obligation of making Kiddush is derived. Many skip to the last sentence of "Zachor" starting with "Al cen berach" before saying the bracha on the wine.
# It's forbidden to taste anything before [[Kiddish]]. <ref> Rambam (Hilchot [[Shabbat]] 29:10) and Shulchan Aruch 289:1 rule that since there's an obligation to make [[Kiddish]] it's forbidden to eat anything before [[Kiddish]] just like the [[Kiddish]] of Friday night. </ref>
# If one is thirsty it is permissible to drink water before [[Shacharit]] on [[Shabbat]] day since the obligation of [[Kiddish]] doesn't apply until one prayed. <ref> Tur writes in the name of his father, the Rosh, and Shulchan Aruch 289:1 </ref>
# Someone who is sick and needs to eat before davening on Shabbat, according to Ashkenazim should recite Kiddush beforehand unless one doesn't eat a kezayit of mezonot within a kdei achilat pras,<ref>Mishna Brurah (Biur Halacha 289:1 s.v. chovat) and Igrot Moshe OC 2:26:2 write that someone who is sick and needs to eat before davening on Shabbat should make kiddush unless he doesn't need to eat pat haba bekisnin. Piskei Teshuvot 289:8 note 63 writes that the best option is for the sick person not to have a kezayit of pat haba bekisnin within a kedi achilat pras which wouldn't obligate kiddush.</ref> while according to Sephardim it isn't necessary.<Ref>Yabia Omer OC 8:31 and Or Letzion 2:20:14 write that someone who is sick and needs to eat before davening on Shabbat does not need to make kiddush. See also Kaf Hachaim 276:28 who is lenient in extenuating circumstances. See Chazon Ovadia (Shabbat v. 2 p. 149) where Rav Ovadia recommends that a sick person who needs to eat bread or pat haba bekisnin before davening should recite kiddush.</ref>

==Pouring Off==
# A person shouldn’t pour off to the other cups between the kiddush and drinking. If he is sick and worried about others drinking from his cup he can pour off but should make sure to leave a reviyit in the cup when he drinks.<ref>
* Piskei Teshuvot 271:32 quotes the Mishnat Yosef 4:35 who says that initially one shouldn't pour off before drinking because one should drink from a cup with a reviyit and also so that it shouldn't look like a disgrace to the mitzvah (bizuy mitzvah, see Mishna Brurah 296:4 and Eliya Rabba 271:23). However, if he’s sick he can pour off some and then drink from the cup which still has a reviyit. [https://www.yutorah.org/sidebar/lecture.cfm/898548/rabbi-hershel-schachter/berachos-92-47a-kiddusha-rabba-ii-bracha-al-hakos-ad-sheyitom-hamevarech-answering-amen/ Rav Hershel Schachter (Brachot Shiur 92 min 44)] agreed that one shouldn’t pour off so much that there’s not a reviyit left before you drink. He holds like the Magen Avraham as will be explained.
* Should the cup one drinks from have a reviyit? Tosfot Pesachim 105b s.v. shema writes that one must drink from a cup that has a reviyit and not pour off some of the cup into another cup and drink. Agudah Pesachim 10:84 and Ritva Pesachim 105b s.v. shema agree. Magen Avraham 271:24 rules like Tosfot. Mishna Brurah 271:51 agrees. Shulchan Aruch 271:11 seems not to hold like Tosfot but see Eliya Rabba 271:23 who defends Shulchan Aruch but also accepts Tosfot. Korban Netanel Pesachim 10:200 writes that in fact the Rosh, Rabbenu Yerucham, and Shulchan Aruch disagree with Tosfot and you don’t have to drink from a cup with a reviyit. Netiv Chaim 271:11 agrees. Rabbi Akiva Eiger Pesachim 105b discusses whether the proof of the Korban Netanel is conclusive.</ref>
# The one reciting kiddush doesn't have to pour off into their cups unless their cups are invalid for kiddush as they drank from them already. In such a case the one reciting kiddush can pour off from his cup into the others so that they are considered valid for kiddush.<ref>Tosfot Pesachim 106a s.v. gachin, Tosfot Brachot 47a s.v. ein, Rosh Pesachim 10:16, Rosh Brachot 7:15, Shulchan Aruch OC 271:17</ref>
==Listening to Kiddush==
# Those who are listening to the kiddush shouldn't drink until the making the kiddush drinks.<ref>Gemara Brachot 47a</ref> However, if they each have their own cup they may drink without waiting.<ref>Yerushalmi Brachot 6:1, Tosfot Brachot 47a s.v. ein, Tosfot Pesachim 106a s.v. gachin, Rashba Brachot 47a s.v. amar, Maharam Chalavah Pesachim 106a s.v. chazyey, Shulchan Aruch 271:16</ref>
# Those listening don't need to drink a melo lugmav and any amount is sufficient.<ref>The Levush 271:14 writes that those listening should drink a melo lugmav. However, the Maggid Mishna Shabbat 29:7 writes that those listening only need to drink a bit and not melo lugmav. The Taz 271:17, Eliya Rabba 271:29, and Mishna Brurah 271:71 follow the Maggid Mishna.</ref>
# Those listening to kiddush don't have to drink to fulfill their obligation but it is a mitzvah for them to drink.<ref>
Eruvin 40b and Pesachim 108b imply that only the one drinking needs to drink and no one else but Pesachim 106a and perhaps 108b imply that everyone listening should drink. The Rosh Pesachim 10:16 writes that although each person listening to kiddush doesn't need to drink wine to fulfill his obligation, there is nonetheless an added mitzvah to do so. Maharam Chalavah Pesachim 101a holds those listening don't need to drink. Tosfot Pesachim 99b s.v. lo originally assumes that those listening to the kiddush don't need to drink but afterwards questions that assumption. The Rambam Shabbat 29:7 implies that there is an obligation for everyone to drink. Maggid Mishna 29:7 just adds that those listening don't need to drink a melo lugmav. Shulchan Aruch OC 271:14 rules like the Rosh that as long as the one reciting kiddush drinks that is sufficient for everyone to fulfill their obligation but it is a mitzvah for them to drink. Mishna Brurah 271:83 agrees.</ref> They don't need their own cup and may drink from the cup of kiddush.<ref>Shulchan Aruch 271:14</ref> It isn't considered invalid for kiddush after the one reciting the kiddush drank and then they drink.<ref>Shaar Hatziyun 271:89 explains that even though if those listening had their own cup they should ensure that the cup should be valid for kiddush and not drunk from beforehand, however, if they are drinking from the kiddush cup after the one who recited kiddush drank it isn't considered invalid as their drinking is considered part of the original drinking of the one who recited kiddush.</ref>
# If those listening want to have their own cup to fulfill this added mitzvah to drink wine after kiddush they may do so. If they do so they should have a cup that is valid for kiddush and we view it as though they are all reciting their own kiddush over their cup of wine.<ref>Rosh Pesachim 10:16 writes that the wine in each person's cup has to be fixed and not drunk from beforehand in order for them to use it for drinking at kiddush even though they aren't reciting the kiddush. He explains that since they are listening to kiddush and going to drink wine from their own cup it is considered as though they are reciting their own kiddush over their own cup. If so that cup should be valid for kiddush. Tosfot Pesachim 106a s.v. hava, Tosfot Brachot 47a s.v. ein, Rashba Brachot 47a s.v. amar, Tur 182:4, and Ohel Moed 6:6 cited by Bet Yosef 182:2 agree. The Shulchan Aruch OC 271:17 accepts the Rosh.
* The Tiferet Shmuel on Rosh Pesachim 10:15:10 seems to have another understanding of the Rosh in which he assumes that those who are listening to the kiddush and have their own cups don't need their cups to be valid for kiddush and may be drunk from beforehand (like the Raah). However, the Divrei Chamudot Pesachim 10:15:36 understood the Rosh as above.</ref> Some disagree.<ref>The Raah cited by Bet Yosef 182:4 writes that those listening don't have to have valid cups for kiddush. The Shulchan Aruch 182:4 cites that opinion as a minority view.</ref>
# Some say that for kiddush by day those listening to kiddush must drink from the kiddush cup.<ref>
[https://www.yutorah.org/sidebar/lecture.cfm/856129/rabbi-hershel-schachter/inyonei-sefiras-haomer-nowadays-women-before-kiddush-beit-din-bein-hashmashos-shomea-keoneh/ Rav Schachter Inyonei Sefirat Haomer 5776 towards the very end] quoted the Torah Temimah, Netsiv, and Rav Velve Soloveitchik that one doesn’t fulfill one’s obligation if one doesn’t drink wine at the kiddush of the day specifically since it really is only a birchat hanehenin and not a bracha of a mitzvah. However, in [https://www.yutorah.org/sidebar/lecture.cfm/898548/rabbi-hershel-schachter/berachos-92-47a-kiddusha-rabba-ii-bracha-al-hakos-ad-sheyitom-hamevarech-answering-amen/ Brachot Shiur 92 (min 23)] he quoted that Rav Chaim was upset with this chiddush of the Netsiv and not everyone has to drink at the daytime kiddush. Teshuvot Vehanhagot 3:243 cites this dispute between the Brisker Rav and Rav Chaim.</ref>

==Eating before Mussaf==
# <div id="eatingbeforemussaf"></div> Once the time for [[Mussaf]] (from [[Olot HaShachar]]) it’s forbidden to eat a meal (more than a [[KeBaytzah]] of bread) before praying [[Mussaf]], however, it’s permissible to have a [[KeBaytzah]] of bread or a lot of fruit. <Ref>The Gemara [[Brachot]] 28b writes that the halacha doesn’t follow Rav Huna who says that it’s forbidden to taste any food before praying [[Mussaf]]. The Tur 286:3 writes that even though we don’t hold like Rav Huna we only permit have a snack but a meal is forbidden. The Bet Yosef quotes the Raavad, Rashba, and perhaps the Rabbenu Yerucham who agree. S”A 286:3 writes that it’s forbidden to eat a meal before praying [[Mussaf]] but it’s permissible to have a snack. The Magen Avraham 286:2 writes that the snack is the same as before [[Mincha]] where S”A 232:3 writes that one may have a [[KeBaytzah]] of bread and a lot of fruit but not more. Kitzur Shulchan Aruch 77:15 agrees. See Rav Mordechai Eliyahu's comment on Kitzur Shulchan Aruch 77:15 where he writes that we only rely on this in situations of pressing need.</ref>
# The custom is to be lenient to permit eating even more than a Kabaytzah of baked [[Mezonot]] (cakes and cookies) before [[Mussaf]] after having made [[Kiddish]]. <Ref>Shaar HaTziyun 286:7 writes that the measure for a meal before [[mussaf]] in regards to baked [[mezonot]] is the same as by [[Sukkah]]. Mishna Brurah 639:15-6 (regarding [[Sukkah]]) quotes some who say that if one establishes a meal out of the [[Pas HaBah Bekisnin]] certainly it requires a [[Sukkah]]. However, if one didn’t have it as a meal if one had more than a [[KeBaytzah]] then there’s a dispute whether one needs a [[Sukkah]] and if one eats less than a [[KeBaytzah]] then certainly it doesn’t require a [[Sukkah]]. Nonetheless, Halichot Shlomo ([[Tefillah]] 14:9, pg 179-80) writes that the minhag is to lenient to have even more than a Kabaytzah of baked [[mezonot]]. </ref>
# If one does eat before [[Mussaf]] one must first do [[Kiddish]] and have a [[Revi'it]] of wine or eat a [[Kezayit]] of baked [[mezonot]] (cakes and cookies) in order to fulfill [[Kiddish]]. <Ref>Magen Avraham 286:1, Beiur Halacha 286:3 s.v. Achilat, Mishna Brurah 286:7, Shemirat [[Shabbat]] KeHilchata 52:17</ref>

==The Cup for Kiddish==
# Some authorities say that one may not use a plastic or paper cup for [[Kiddish]], however, many authorities permit but agree that it's preferable to use a real cup. <ref> Sh"t Igrot Moshe O"C 3:39 forbids using a plastic or paper cup as they aren't considered a nice cup and it's worse off than a broken cup (which is forbidden by Shulchan Aruch 183:3. Mishna Brurah 183:11 says that even if it is just the base that is cracked one should still be strict.) The Radiance of [[Shabbos]] (page 44) points out that this doesn't depend on the quality of the plastic at all. [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 min 25-30)] agrees with Rav Moshe.
* However, Sh"t Tzitz Eliezer 12:23 differentiates between a cup that would be used for hot liquids and could be reused and one that's ruined after it's first use. Even if one personally doesn't reuse it, it is still considered a kli. This is true for kiddush, [[havdala]], and [[netilat yadayim]]. Sh"t Beer Moshe 5:55 on the other hand, only allows cup that are commonly reused and therefore only permits plastic cups and not paper cups, or small shot glasses because those are rarely reused.
* Sh"t Az Nidabru 6:49 is the most lenient allowing any disposal cup, however, it's still preferable to use a better cup as a hidur mitzvah. Shevut Yitzchak (vol 1, 4:5, pg 48) in name of Rav Elyashiv and Chazon Ovadyah ([[Shabbat]] vol 2 p. 56) concur with the lenient opinion. See further: [http://www.yutorah.org/lectures/lecture.cfm/727120/Rabbi_Aryeh_Lebowitz/kiddush_with_disposable_cups Rabbi Aryeh Lebowitz on yutorah.org]. Although many poskim, say that using two plastic cups doesn't help at all, see [http://www.yeshiva.org.il/ask/?id=62394 Rav Dov Lior] for the explanation of that practice, though he writes that he doesn't necessarily think that it helps the issue. </ref> After the fact one fulfilled one's obligation even if one holds one shouldn't use a disposable cup.<ref> Mishna Brurah 183:10 writes that the entire concept of having a cup for kiddush that is complete is important initially but after the fact isn't critical and one fulfills one's obligation. Therefore, [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 min 25-30)] explained that Rav Moshe who invalidated a disposable cup for kiddush because it is like it is already broken would agree that after the fact one fulfilled one's obligation.
* Rashba 51a s.v. ha writes that if a person doesn’t have one of the four major rules of a kos shel bracha a person doesn’t fulfill their obligation, the others are enhancements initially. Meiri 51a s.v. asara quote some who said that they are all only critical initially. Mishna Brurah 183:10 implies that we follow the Meiri. Maaseh Rav n. 86 follows the Rashba that it would prevent fulfilling one's obligation.</ref>
# The cup of [[Kiddish]] should be rinsed out before being used if it isn't already clean. <ref> The Gemara Brachot 51a establishes that the kos shel bracha should be cleaned on the inside and outside before it is used. Shulchan Aruch OC 183:1 codifies this gemara but adds that it is only necessary if the cup is dirty but if it is clean it doesn't need to be cleaned out. Chaye Adam ([[Shabbat]] 6:13) agrees. Mishna Brurah 183:3 writes that it is proper to clean it out unless it is completely clean. </ref> According to Kabbalah one should still clean out the cup in the inside and outside even if it is clean.<ref>Kaf Hachaim 183:4</ref>
# Some say it is a nice practice to surround the kiddush cup with six small cups of wine. The minhag isn't concerned for this opinion.<ref>Gra in Maaseh Rav n. 174 states that it is nice to have six small cups surrounding the main kiddush cup. His reason is that this is the practice of Itur of the Gemara Brachot 51a and even though the gemara says we don't have that practice the gemara only meant that it isn't critical but it is still a nice practice. Kaf Hachaim 183:3 writes that it isn't our practice since we try to follow the other explanation of Itur is having talmidei chachamim around the table, which isn't always possible but when it is that's the main method to add significance to the kiddush. </ref>
# The kiddush cup should be full.<ref>Gemara Brachot 51a, Shulchan Aruch OC 183:2</ref> If a person is afraid of spilling it is sufficient that it is almost full such as leaving it a quarter of an inch below the top.<ref>Taz 183:4 writes that the practice of not filling up the cup to the very top is because of a concern that it will spill and make a mess. Kaf Hachaim 183:13 adds to the Taz that it isn't considered not full if it is almost full. Similarly, Rabbenu Yonah 37b s.v. al writes that even if the cup isn't completely full it is considered full for a kos shel bracha. [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 beginning)] quoting Rav Shlomo Zalman Auerbach</ref>

==Eating before Kiddish==
# Kiddush has to be made before eating/drinking because the Pasuk says "VeKarasa LiShabbos Oneg" <ref> Isiah </ref> "And you shall call to the [[Shabbos]] a delight", which the Rabbanan learn to mean that there has to be a "calling" to the [[Shabbos]], meaning saying Kiddush, prior to it being "a delight", refering to eating/drinking. <ref> Tosfot and Rosh Pesachim 110a</ref>
# It's Rabbinically <ref> Mishna Brurah 271:11 writes that the prohibition is only Rabbinic. </ref> forbidden to eat anything even water <ref> [[Maggid]] Mishna (Hilchot [[Shabbat]] 29:5) explains that the Rambam holds drinking water before [[Kiddish]] is permitted, while the Rashba (Sh"t 3:264) forbids it. Hagahot Maimon 29:5 in name of Maharam as well as the Tur 271:4 also forbid. Bet Yosef says that the Rambam is unclear and may hold that even water is forbidden. Shulchan Aruch 271:4 rules that even water is forbidden. </ref> before making [[Kiddish]] once the time for [[Kiddish]] has come. <ref> Pesachim 106b records a dispute whether one who tasted food before [[Kiddish]] can still make [[Kiddish]]. Bet Yosef 271:4 implies from there that Lechatchila, it's forbidden to eat or drink before [[Kiddish]]. Rambam (Hilchot [[Shabbat]] 29:5), Tur and Shulchan Aruch 271:4 all rule that it's forbidden to eat before making [[Kiddish]]. </ref> This applies to the nighttime and daytime Kiddush.<ref>Kitzur Shulchan Aruch 77:13</ref>
# If one takes [[Shabbat]] upon oneself early, it's forbidden to eat before making [[Kiddish]]. <ref> Magen Avraham in name of the Bach writes that it's forbidden to eat before making [[Kiddish]] if one accepted [[Shabbat]] early. </ref> Therefore, one can accept [[Shabbat]] early, make [[Kiddish]], and eat even before praying [[Arvit]] as long as it's not within a half hour of the time to say [[Arvit]]. <ref> Magen Avraham 271:5 writes that one is allowed to accept [[Shabbat]] early, and then make [[Kiddish]] to permit eating, all before praying [[Arvit]]. Beir Heitev 271:4 quotes this as halacha. Kitzur Shulchan Aruch 77:4 and Mishna Brurah 271:11 limit the permit to eat to when one is more than a half hour before nightfall as is the halacha everyday of not eating before [[Arvit]]. </ref>
# If one doesn't pray or take [[Shabbat]] upon oneself early The time that the prohibition begins from [[Bein HaShemashot]]. <ref> Magen Avraham 271, Mishna Brurah 271:11 and Ben Ish Chai Beresheet 17 write that the prohibition begins at [[Bein HaShemashot]]. </ref>
# Rinsing out one's mouth is permitted since one doesn't intend to get benefit from the water. <ref> Magen Avraham 271:5 writes that rinsing out one's mouth is permitted as it isn't called drinking. Bear Hetiev 271:4 and Mishna Brurah agree. However, Ben Ish Chai Beresheet 17 is more stringent and only permits if one was fasting and only during [[Bein HaShemashot]]. </ref>

== Timing==
#Ideally, one should say Kiddush as soon as one gets home from Shul on Friday night.<ref> Pesachim 106a learns that the primary way to do [[Kiddish]], a remembrance of [[Shabbat]] is with wine on Friday night because that's the beginning of the day (in the Jewish calendar). Shulchan Aruch, O”C 271:1 </ref>
#One can say [[Kiddish]] before nightfall if one accepts upon oneself [[Shabbat]] early. <ref> Magen Avraham writes that [[Kiddish]] can be made during the day if one accepts upon oneself [[Shabbat]] early. Many achronim including Kitzur Shulchan Aruch 77:2 and Mishna Brurah 271:11 concur. </ref>
#If one missed Kiddush on Friday night, it can and should be made up at any point during [[Shabbat]] day, which means that one would recite the longer Friday-night version of Kiddush on [[Shabbat]] day. <ref> The Gemara Pesachim 105a rules that if one missed saying [[Kiddish]] on Friday night one can make it up through the rest of [[Shabbat]]. Rambam (Hilchot [[Shabbat]] 29:4), Tur and Shulchan Aruch 271:8 rule like the gemara pesachim. This is agree upon by the achronim including Aruch HaShulchan 271:21, Ben Ish Hai (Bereshit 19), and Hacham Ovadia Yosef, in Halichot Olam. Aruch HaShulchan and Ben Ish Chai write that even if the person ate intentionally one should still make [[Kiddish]] the next day. Additionally, achronim including the Chaye Adam ([[Shabbat]] 6:2), Aruch HaShulchan 271:21, and Ben Ish Chai (Beresheet 19) hold that we don't say Vayichulu if the [[Kiddish]] is said during the day since Vayichulu was instituted for the incoming of [[Shabbat]]. [This finds it's source in the Magid Mishna (Hilchot [[Shabbat]] 29:4).] </ref>
# If one forgot to say [[Kiddish]] on Friday night and only remembered during [[Bein HaShemashot]] of Saturday, one should say [[Kiddish]] then with [[Shem UMalchut]], however, according to Ashkenazim as long as one davened any of the [[Shabbat]] [[prayers]], if one needs to make Kiddush during [[Bein HaShemashot]] it should be done without Shem Umalchut. <ref> Ben Ish Chai Beresheet 19 writes that one could argue that according to the Magen Avraham, once one prayed on [[Shabbat]] the obligation of [[Kiddish]] is only Derabbanan and whenever there is a doubt about a Derabbanan obligation one may be lenient (Safek Derabbanan Lekula). If this was the case, one should say that if it is [[Bein HaShemashot]] one no longer needs to say Kiddush. However, the Ben Ish Chai rejects such an argument because some commentators limit the Magen Avraham to a case where one doesn't have wine or one specifically had Kavana in [[davening]] to fulfill one's obligation. Therefore, the Ben Ish Chai rules that one can still make [[Kiddish]] during [[Bein HaShemashot]] with a Bracha because of the rule Safek Deorittah LeChumra just like if there's a doubt concerning [[Birkat HaMazon]]. Halichot Olam (vol 3, pg 25-7) agrees. However, the Mishna Brurah 271:39 (Shaar Hatziyun 47) rules that if one did say Tefillot [[Shabbat]] and it's [[Bein HaShemashot]], one should make the bracha without [[Shem UMalchut]]. See [http://www.dailyhalacha.com/Display.asp?ClipID=1866 Rabbi Mansour on Dailyhalacha.com]. </ref>

==Washing before or after Kiddish==
# One should make [[Kiddish]] before washing for bread. However, Bedieved, if one did wash with a bracha before making [[Kiddish]], according to Sephardim, one should make [[Kiddish]] on bread and not on wine. <ref>
* Tur 271:12 quotes Rav Amram Goan (Siddur vol 2, [[Siman 17]]) who wrote that one should make [[Kiddish]] on wine and then wash for bread, however, if one washed first one should make [[Kiddish]] on bread in accordance with Rav Bruna in Pesachim 106b. Rambam (Hilchot [[Shabbat]] 29:9-10) and the Ran in explaining the Rif (22a) concur. The Maharam MeRotenburg's (quoted by the Tur 271:12) practice was to make Kiddush before washing. Shulchan Aruch 271:12 rules that one should make Kiddush and then wash, however, if one washed first one should make Kiddush on the bread.
* Kaf HaChaim 271:76 adds that the Arizal (Shaar Kavanot 71c) agrees because the order should be kept as [[Kiddish]] being the completion of [[prayer]] and washing as the start of the meal. Gra 271:12, Maamer Mordechai 271:16, and Yalkut Yosef ([[Shabbat]] vol 1 pg 273) concur with Shulchan Aruch. Therefore, Sephardim shouldn't change from the ruling of Shulchan Aruch even Bedieved. However, the Kaf HaChaim 271:77 argues that Bedieved one should say [[Kiddish]] on wine because one has what to rely on. </ref> According to Ashkenazim, Bedieved one can make still make the [[Kiddish]] on wine and then have the bread. <ref> However, the Rashbam (Pesachim 106b), and Baal HaMoar (Pesachim 21b s.v. Amar Rav Bruna) explain the gemara differently than the Ran and say that lechatchila one should make [[Kiddish]] first, however if one doesn't one can still make [[Kiddish]] on wine. Rabbenu Tam (Pesachim 106b s.v. Mekadesh) and the Ri (Pesachim 106b s.v. Zimnin) hold that even Lechatchila one should wash before making [[Kiddish]] on wine. Hagahot Maimon 29:100, Sh"t Rashba 1:752, Rokeach (115), and Mordechai (Pesachim 106b; pg 37c) side with Rabbenu Tam and Ri. Such was the minhag of the Rosh (quoted by Tur 271:12) and the minhag of Ashkenaz as writes the Rama 271:12. The Taz 271:14 and Chaye Adam ([[Shabbat]] 6:12) rule that the Rama is only bedieved. Therefore, Mishna Brurah 271:62 writes that since many achronim side with Shulchan Aruch and one satisfies all opinions one should make [[Kiddish]] first, however Bedieved one can rely on the Rama to make [[Kiddish]] on wine if one did in fact wash first. Kaf HaChaim 271:77 adds in the name of the Bach that if one didn't make the bracha on [[Netilat yadayim]] one should make [[Kiddish]] on wine and then rewash so that one doesn't loose the [[Kiddish]] over wine. </ref>
# Nonetheless, some Ashkenazim have the Minhag (specifically German Jews) to specifically wash before making [[Kiddish]] over wine and they have what to rely on. <ref> See previous note. Rama 271:12 writes that such was the minhag of Ashkenaz to wash before [[Kiddish]]. The Bet Yosef 271:12 comments that he saw some Sephardim who had such a practice but sternly disagreed based on the Rif and Rambam. </ref>
# There is no difference concerning the order between the one making the [[Kiddish]] and other members of the family. <ref> Magen Avraham 271:26 in name of Hagahot Mordechai (it seems that he means Mordechai pg 37b), Bach 271:11 (s.v. VeleInyan) distinguish between the one making [[Kiddish]] and the other members of the family for whom [[Kiddish]] won't be an interruption. Kaf HaChaim 271:79 argues that there's no difference between the one making [[Kiddish]] and the other family members. </ref>
# If one's minhag is to wash first, it's forbidden to dilute the wine between the washing and [[Kiddish]] as that would be an interruption between washing and the meal. Some say one also shouldn't pour the wine from the bottle between washing and the meal as it constitutes an interruption. <ref> Magen Avraham 271:27 writes that even according to Rabbenu Tam (Pesachim 106 s.v. Mekadesh) that Lechatchila one can wash before [[Kiddish]], explains that Bet Hillel ([[Brachot]]) says to make [[Kiddish]] first in the case where one has to dilute the wine becasue diluting wine takes precision and is definitely an interruption. Magen Avraham adds that according to the stringent opinion in Shulchan Aruch 166:1 (which is the Tur based on the Yerushalmi) one should be strict not to make any interruption. The Magen Avraham is brought as halacha by the Tosfet [[Shabbat]] 271:34 and Kaf HaChaim 271:78. </ref>
# If by accident one washed one's hands for bread before [[Kiddish]], according to Sephardim one should make [[Kiddish]] on bread <ref>Shulchan Aruch 271:12 </ref> unless one person of the group hasn't yet washed and can perform [[Kiddish]] over wine for everyone else (by saying it aloud while they listen)<ref>Menuchat Ahava (vol 1 pg 143) [http://www.dailyhalacha.com/Display.asp?PageIndex=9&ClipID=960 see dailyhalacha] </ref> and according to Ashkenazim one should make [[Kiddish]] on wine. <ref>Mishna Brurah 271:62 </ref>

==Eating in the place one made Kiddish (Kiddush Bimakom Seuda)==
# In the place where one made [[Kiddish]] one should make sure to have a meal there.<ref>Shmuel in Gemara Pesachim 101a says that one should only say Kiddush in the place where one is going to have a meal. The Rosh (Pesachim 10:5) says that this is based on the pasuk "VeKarata LeShabbat Oneg" which Chazal explain with "Kriyah" as a reference to Kiddush and "Oneg" to the meal and so the pasuk means, in the place of Oneg one should have Kriyah. Shulchan Aruch 273:4 and Kitzur Shulchan Aruch 77:14 codify this as the halacha.</ref> This applies both for the nighttime and daytime Kiddush.<ref>Kitzur Shulchan Aruch 77:14</ref>
# One should begin to eat something immediately after [[Kiddish]]. After the fact, as long as one had intent to eat immediately one doesn't need to make [[Kiddish]] again even if one made a long interruption and had a Hesech HaDaat (interruption of thought). However, if one didn't have intent to eat right away and then made an interruption of 72 minutes a new Kiddush is needed. <ref> Preferably, Rama 273:3 writes that one should make one's meal immediately after [[Kiddish]]. Mishna Brurah 273:12 explains that preferably, one should eat one's meal right after [[Kiddish]] without waiting. However, Bedieved, Mishna Brurah 273:12 and Piskei Teshuvot 273:3 based on Aruch HaShulchan 263:1 write that one shouldn't make a new [[Kiddish]] even if one had a long break or made a change in place and returned to the place of the [[Kiddish]]. On the other hand, if one didn't have in mind to eat immediately and then made an interruption, Mishna Brurah 273:14 writes that a new Kiddush is needed. Halichot Olam (vol 3, pg 3) defines this interruption as 72 minutes. </ref>
## Even though Kiddush should be recited immediately prior to the meal, if there is a halachic need related to the meal to delay it, it is permitted. For example, the Kiddush at the seder on Pesach is made much in advance of the meal but it is acceptable since the Maggid is a necessary prerequisite to the meal.<Ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=15 (Kol Sinai Tevet 5724 p. 15)] writes that Maggid doesn't make the Kiddush before the meal not adjacent to the meal because the Maggid is necessary for the meal as we need to speak about the Matzah (Lechem Shonim Alav Devarim Harbeh). Halichot Shlomo of Rav Shlomo Zalman Auerbach (Moadim v. 2 p. 248 9:14) agrees and explains that the Maggid is intrinsically part of the meal and such was the establishment of chazal. See Rav Chaim Palagi Haggadah regarding how Maggid is an extension of Kiddush (like the Rif cited by Avudraham why there's no bracha on Maggid since Kiddush already fulfills the mitzvah of Maggid).</ref>
# In order to have [[Kiddish]] in the place where one eats and that the [[Kiddish]] is considered a proper [[Kiddish]], one must eat at least a [[Kezayit]] of [[mezonot]], bread, or a reviyit of wine. <ref> Shulchan Aruch 273:5 writes in name of the Geonim that one can fulfill the obligation to eat in the place of where one makes [[Kiddish]] by eating bread or wine. Magen Avraham 273:10 and Mishna Brurah 273:21 rule that a [[Kezayit]] is needed to fulfill this obligation. Mishna Brurah 273:25 comments that certainly [[mezonot]] fulfills the obligation as it's more significant than wine. Mishna Brurah 273:25 writes in name of Hagahot Rabbi Akiva Eiger and Tosefet [[Shabbat]] that wine doesn't fulfill one's obligation according to many and so one should only rely on this in cases of need. Piskei Teshuvot writes that it seems that there's a dispute between the Magen Avraham 273:11 and the Shaarei Teshuva 289:1 whether one can fulfill one's fulfill with [[mezonot]] that's not Pat HaBah Bekisnin. The Mishna Brurah 273:25 holds like the Magen Avraham and one can fulfill one's obligation by having any [[mezonot]]. Shemirat [[Shabbat]] KeHilchato 52:24, Sh"t Az Nidabru 8:31, Kiddush KeHilchato (pg 195), Sh"t Or Letzion (vol 2, 20:28), and Yalkut Yosef ([[Shabbat]] vol 1 pg 196; Halichot Olam (Vol 3, pg 1)) agree. </ref> Even though theoretically this applies also at night, one should be strict at night not to rely on this.<ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=13 (Kol Sinai Tevet 5724 p. 13)] writes that since some disagree with the geonim we shouldn't rely on them at night when Kiddush is Biblical.</ref>
# If someone is reciting kiddush in one room and someone else is hearing the kiddush in another room if the person listening to the kiddush is going to eat his meal in the room where he is that is considered kiddush in the place of the meal. The reason is that the one fulfilling his obligation of kiddush needs to be in the room where he is going to eat his meal and not where the person making kiddush is.<ref>Maharam Chalavah Pesachim 101a explains that they used to make kiddush in shul and people in a nearby room would hear the kiddush and fulfill their obligation and eat there. It is considered kiddush in the place where they're going to eat since they're fulfilling their obligation and they're the ones eating. The location of the making kiddush doesn't impact that. Tosfot Pesachim 101a s.v. dochlu implies otherwise. Nonetheless, the Bet Yosef 273:6 cites the Rabbenu Yerucham, Smag, and Hagahot Maimoniyot who agreed with Maharam Chalavah. Shulchan Aruch OC 273:6 holds like Maharam Chalavah. Rabbi Akiva Eiger 273:2 explains that those listening to the kiddush are like making kiddush themselves.</ref>

== Women ==
# The Mitzvah of Kiddush is unique in that women are obligated even though it is a Mitzvat Aseh She’Hazman Grama, based on a Talmudic derivation that since women are obligated by the prohibitions of [[Shabbat]], they are also obligated in the positive commandments of the day.<ref>On [[Berachot]] 20b, Rava says that women are obligated in [[Kiddish]] on a Deoritta level because the torah compares the positive and negative commandments of [[Shabbat]] by switching the terms "Zachor" and "Shamor" implying that anyone who is obligated in the negative commands is also obligated in the positive ones. Shulchan Aruch 271:2 and Kitzur Shulchan Aruch 77:4 codify this as the halacha. A woman's obligation applies both at night (Mishna Brurah 271:3) and during the day (Mishna Brurah 289:6). Maharam Chalava pesachim 106a "bayom mai" disagrees and says that women aren't obligated during the day </ref>
# Since women are obligated on a biblical level, they should either listen to their husband or hear another adult make [[Kiddish]] and answer [[Amen]], or say it themselves. <ref> Since women are obligated in [[Kiddish]] on a biblical level, they can definitely make [[Kiddish]] for themselves. Additionally since a man is obligated, a women can fulfill her obligation with the man's [[Kiddish]] as they both have a Deorittah obligation. According the Magen Avraham that one fulfills the Deorittah obligation in [[prayer]], if a man and women have both already prayed, they can fulfill each other's obligation since they have equal obligations. However, if the man prayed and the women didn't, then the man is obligated on a Rabbinical level and the women is obligated on a Biblical level. If so, Rav Yechezkel Landau in Dagul Mirvavah 271:2 asks, whether the women can't fulfill her obligation with the man's reading, or perhaps she can because nonetheless, men are able to fulfill the obligation of others using Arevim Zeh LaZeh (the side is also not definite because the Rosh ([[Brachot]] 3:13 last line) writes that women aren't included in Arevim). He leaves it unanswered and the Kitzur Shulchan Aruch 77:4 writes that it's preferable that women say the [[kiddish]] along with the one making [[Kiddish]] so that they are fulfilling their own obligation. However, the Sh"t Rabbi Akiva Eiger 1:7 argues that certainly women are included in Arevim Zeh LaZeh (and explains that the Rosh was talking about mitzvot that women are exempt from) and so a man with a Derabbanan obligation can fulfill a woman's obligation even if she is has a Deorittah obligation. Aruch HaShulchan 271:6 and Chazon Ovadyah ([[Shabbat]] vol 2 pg 24) concur. </ref>
# Technically a woman can fulfill the obligation of her husband and family though it isn't advised. <ref> Shulchan Aruch 271:2 writes that since women are obligated in [[Kiddish]] on a Deorittah level, they can fulfill the obligation of a man who also has such an obligation. Even though the Maharshal and Bach argue with this, the Taz, Magen Araham, Gra, Mishna Brurah 271:4 all agree with Shulchan Aruch that a women can fulfill the obligation of a man. Nonetheless, Eliyah Rabbah, Derech Chaim, and Mishna Brurah 271:4 write that it's preferable that a women not fulfill the obligation of men not in her family because it's not entirely appropriate. </ref>

==Children==
# Once a child has reached the age of [[chinuch]], they are required to hear the kiddush on [[Shabbat]]. Therefore in the event that the child did not hear kiddush, an adult may repeat kiddush on his behalf, even though the adult had already fulfilled this own obligation. <ref> Children in Halacha pg. 39 </ref>
==Sitting or standing for Kiddush==
# Many have the practice to sit for Kiddush, however, some have a Minhag to stand for [[Kiddish]]. <ref>
* (1) Sources that one should sit: Tosfot 43a writes that to be included in [[Kiddish]] one should sit. [Additionally, from the discussion of the Rambam (Hilchot Succah 6:12) writes that one the first night of [[Sukkot]] one should say the [[Kiddish]] standing so that one can make the bracha of LeShev BaSukkah before sitting down, implying that during the rest of the year one should say [[Kiddish]] sitting.]
* (2) Reasons one should sit: Mishna Brurah 271:46 brings the reason of the Kol Bo that one should sit as a part of [[Kiddish]] BeMakom Sueda making [[Kiddish]] in the place one will eat, and the reason of the Gra that because sitting represents an established setting and one is able to fulfill the obligation of others only is such a setting. Mishna Brurah extrapolates from the Gra's reasoning that even those who listen should preferably sit, and if they are not only standing but even moving here and there during [[Kiddish]] one certainly doesn't fulfill his/her obligation. Chaye Adam ([[Shabbat]] 6:13) writes that it's preferable to sit during [[Kiddish]] so one can see the cup (like the Rama writes 271:10 that one should look at the cup) and one's family as one makes [[Kiddish]].
* (3) Practices: Therefore, Shulchan Aruch 271:10 rules that one should stand for Vayichulu implying that one should sit for the rest of [[Kiddish]]. However, Arizal (quoted by Aruch HaShulchan 271:21) held one should stand for [[Kiddish]] out of respect for the [[Shabbat]] queen (similar to the reason Ashkenazim stand for [[Havdalah]], see Mishna Brurah 296:27). Lastly, Rama 271:10 writes that one is permitted to stand for the entire [[Kiddish]], but it's preferable to sit for [[Kiddish]]. Sh"t Igrot Moshe 5:16 writes that even the Rama only writes that it's permissible to stand for [[Kiddish]] but preferably one should sit, and so if one doesn't have a custom one should follow the Shulchan Aruch. </ref> Nonetheless, one should stand for Vayichulu. <ref> Shulchan Aruch 271:10 rules that one should stand for Vayichulu. Mishna Brurah 271:45 explains that the one should stand for Vayichulu because it acts as a testimony which in court would require one to stand. Rama 271:10 writes that the Minhag was to sit for Vayichulu except for the beginning of Vayichulu (during the words of Yom HaShishi Vayichulu HaShamayim because the first letter of those words spell Hashem's name). Mishna Brurah 271:47 explains that one can sit for Vayichulu because once one stood while it's said in Shul it can be said seated during [[Kiddish]]. Nonetheless, Mishna Brurah 268:19 writes that the minhag is like Shulchan Aruch to stand for Vayichulu. See further Rabbi Lebowitz's article on [download.yutorah.org/2009/1109/735392.pdf yutorah.org].</ref>
# For [[Shabbat]] day, the accepted custom is to sit. <ref> Rav Moshe Shternbuch (Teshuvot V’hanhagot #254) writes that even those who stand for Friday night Kiddush should sit for [[Shabbat]] day [[Kiddish]] because the reason of standing for Vayichulu and continuing doesn't apply as there is no Vayichulu, nor is there a [[Shabbat]] queen to greet. </ref>
# For [[Yom Tov]] Kiddush, many have the custom to sit, <ref> Sh"t Igrot Moshe 5:16 writes that the only reason to stand the entire [[Kiddish]] on [[Shabbat]] is because once one is standing for Vayichulu one can continue standing for the rest of the [[Kiddish]], however since there's no Vayichulu on [[Yom Tov]] one must sit according to all opinions. </ref>but some have the practice to stand.<ref>Aruch HaShulchan 271:24, Nitei Gavriel ([[Yom Tov]] vol 2, 29:18</ref>

==What to use for Kiddush?==
# One should use a full cup<ref>Gemara Brachot 51a, Shulchan Aruch 271:10. [http://www.yutorah.org/lectures/lecture.cfm/799059/Rabbi_Hershel_Schachter/Hilchos_Shabbos_4_-_Inyonei_Kiddush_and_Havdalah Rav Schachter ("Hilchos Shabbos 4", min 33-5)] based on Rabbenu Yonah holds that if the cup is two thirds full it is considered full.</ref> of wine for Kiddush. Some say that grape juice is considered equally suitable as wine<ref>Yachave Daat 2:35 writes that one can use grape juice for kiddush, and Hacham Ovadia's opinion is also found in Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 81. Or Letzion 2:20:18, Yesodei Yeshurun 3:214-215 and Mishneh Halachot 13:38 agree. [http://www.yutorah.org/lectures/lecture.cfm/799059/Rabbi_Hershel_Schachter/Hilchos_Shabbos_4_-_Inyonei_Kiddush_and_Havdalah Rav Schachter ("Hilchos Shabbos 4", min 90-2)] quotes Rav Moshe as allowing grape juice for Kiddush but saying it is best to avoid the dispute. An [http://www.torahlab.org/doitright/using_grape_juice_for_kiddush/ article on TorahLab.org] writes that the majority of poskim hold grape juice is fit for Kiddush.</ref>, while others disagree.<ref>Shemirat Shabbat Kehilchata 53:2 citing Rav Shlomo Zalman Auerbach concludes that preferably one shouldn't use grape juice for kiddush. Laws of Brachos p. 316 writes that one shouldn't use grape juice for kiddush.</ref> Regarding grape juice from concentrate see [[Grape_Juice_and_Wine#Beracha]].
# It is better to use red wine for Kiddush.<ref>Mishna Brurah 271:10; Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82</ref> If only white wine is available then one may make kiddush on it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82 </ref> If one has white wine it is preferable to use it for Shabbat day as opposed to Kiddush on Friday night.<ref>[http://www.yutorah.org/lectures/lecture.cfm/798611/Rabbi_Hershel_Schachter/Hilchos_Shabbos_3_-_Choleh_BeShabbos_&_Kiddush Rav Schachter ("Hilchos Shabbos 3" min 73)] quoting Rabbi Akiva Eiger</ref>
# One may only make kiddush on wine that is proper for nisuch on the mizbeach, therefore, malodorous wine may not be used. However, malodorous wine can be fixed by adding other wine to it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 78 </ref>
# If wine tastes like wine but smells like vinegar then it is permissible for making kiddush, but if wine tastes like vinegar but smells like wine then it is prohibited for making kiddush. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82, based on Rambam, Hilchot Shabbat, Perek 29, Halachot 15 and 17, and S"A, Orach Chaim, 272:3 </ref>
# Ideally, one should not make kiddush on wine that has been left open overnight, nevertheless, bediavad one has fulfilled the obligation if he/she made kiddush on it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 78 </ref>
# It is permissible to use wine that was left open as long as it was stored in a closet or refrigerator. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 78 </ref>
===If there is no wine or grape juice===
# If one doesn't have wine on Friday night, kiddush should be recited on the bread and one should keep one's hands on the bread throughout the kiddush. <ref> Shulchan Aruch 272:9 writes that some say one should say kiddush on chamar medina, some say not to say kiddush at all, and some who say that bread should be used for kiddush because of its importance. Rama 279:2 comments that the minhag is like the last opinion. Kaf HaChayim 272:50 and Yalkut Yosef 272:16 write that Shulchan Aruch holds like the last opinion. Mishnah Brurah 272:28 says to put your hands on the [[challah]]. Rav Avigdor Neventzahl in his commentary on Mishna Brurah (Biyitzchak Yikare 272:28) says that one should actually hold the [[challah]]. </ref>
# If there's no wine available for [[Shabbat]] lunch one should use Chamar Medina for kiddush. If one doesn't even have Chamar Medina, one should just say hamotzi and eat the bread, and if he doesn't even have bread one may eat without [[Kiddish]]. <ref> Shulchan Aruch 289:2, Mishna Brurah 289:10. The logic behind not using bread for [[kiddish]] during the day is explained by Mishna Brurah 272:31 that if one were to recite the daytime [[kiddish]] over bread, it would be the same procedure as if he wasn't saying kiddush at all. Therefore, to make it apparent that we are saying [[kiddish]] also, we say a beracha that wouldn't normally be recited, even if that is a [[shehakol]]. As for the definition of chamar medina Mishnah Brurah 272:24 says that even beer is only permitted in a place where it is a common drink. Mishna Brurah 272:25 prohibits the use of milk or oil, and Mishna Brurah 272:30 permits the use of liquor. Rav Avigdor Neventzahl in Biyitzchak Yikare footnote 25 says that according to Rav Shlomo Zalman Auerbach milk is not allowed even in places where it is commonly used like Switzerland. He also says that juice, tea, or coffee maybe permitted but soda is definitely not because it is just like water. Rav Moshe Feinstein in Iggerot Moshe OC 2:75 defines chamar medina as something you would serve to guests who you want to show respect to. Also see [[Shevet Halevi]] 3:26 and 5:32 where Rav Vosner says even where you have wine, chamar medina can be used because in the times of the gemara, wine was far more widespread. Today however, most people do not drink wine so often so other drinks are not inferior to wine for [[kiddish]]. </ref>
# According to Sephardim, one should only use Chamar Medina for [[Shabbat]] lunch if the wine isn't available in the city but if it's just expensive one should use wine and not Chamar Medina. <ref>Yalkut Yosef ([[Shabbat]], vol 1, pg 289) </ref> According to Ashkenazim, if the wine is expensive one may use Chamar Medina for the daytime [[Kiddish]] and one who uses wine is fulfilling a preferred mitzvah. <Ref>Mishna Brurah 272:29 </ref>
# One may not use soda for [[Kiddish]] because soda isn't considered Chamar Medina.<ref>Sh"t Igrot Moshe 2:75 rules that soda is just like water and can not be used for [[Kiddish]].</ref>

==Mistakes in Kiddush of Yom Tov==
# In Kiddush of Yom Tov if someone said Mikadesh Yisrael and didn’t add Ve’hazmanim he didn’t fulfill his obligation.<ref> The Gemara Pesachim 117b has a dispute between the elders of Pumpedita and Rava in tefillah whether you should say Mikadesh Yisrael or Mikadesh Yisrael Vehazmanim on Yom Tov. In Kiddush everyone agrees that you should recite Mikadesh Yisrael Vehazmanim. Magen Avraham 487:1 writes that if in Kiddush someone only say Mikadesh Yisrael he didn’t fulfill his obligation. Kaf Hachaim 487:17 and Zichron Yonah Avodat Halevim 30:1 agree.</ref>
# In Kiddush of Yom Tov if someone said Mikadesh Hashabbat instead of Mikadesh Yisrael Ve’hazmanim he didn’t fulfill his obligation unless he fixed it within toch kdei dibbur.<ref>Regarding Tefillah, Shulchan Aruch 487:1 and Mishna Brurah 487:5 hold that the Shabbat conclusion doesn’t fulfill the obligation of the Yom Tov one. Mishna Brurah holds that it can be fixed within a toch kdei dibbur. Magen Avraham 487:2 implies that the same is true of kiddush. Zichron Yonah 30:2 writes so explicitly.</ref>
# If someone said the Yom Tov Kiddush for the main text of the bracha which mentions Yom Tov in the middle and then concluded with Mikadesh Hashabbat one doesn’t fulfill his obligation.<ref>Regarding Tefillah, the Magen Avraham 487:2 writes that mentioning Yom Tov in the middle is sufficient even with a wrong conclusion but he seems to retract that opinion. Mishna Brurah 487:4 concludes that one doesn’t fulfill one’s obligation. Zichron Yonah 30:2 applies this to Kiddush.</ref>
# If you forgot to say Shehechiyanu you can say it afterwards anytime during the Yom Tov, for Pesach and Sukkot until the end of the 7 days.<ref>Eruvin 40b, Mishna Brurah 473:1, Zichron Yonah 30:4</ref>
# In Kiddush of Yom Tov that fell out on Shabbat includes both Shabbat and Yom Tov. If one only said the kiddush of Shabbat or Yom Tov one doesn’t fulfill one’s obligation.<Ref>Shulchan Aruch 487:1 writes that if one said Shabbat kiddush on Yom Tov one doesn’t fulfill one’s obligation. Zichron Yonah 30:6 writes that if on Shabbat Yom Tov one said either the Shabbat or Yom Tov kiddush separately and not both one didn’t fulfill one’s obligation. Rivevot Efraim 4:117 agrees.</ref>
# If one said the middle of the kiddush correctly and in the conclusion he made a mistake and only mentioned Shabbat according to many poskim one fulfilled one’s obligation. If one said the middle of the kiddush correctly and in the conclusion he made a mistake and only mentioned Yom Tov according to many Ashkenazic poskim one didn’t fulfill one’s obligation but according to Sephardim one did fulfill one’s obligation.<ref>Regarding Tefillah there is a dispute between the Knesset Hagedola who holds that concluding with one of the two conclusions is sufficient and the Pri Chadash who disagrees. Biur Halacha 487:1 makes a compromise and says that if he mentioned Shabbat that is sufficient but if he only mentioned Yom Tov that is insufficient. Kaf Hachaim 487:20 holds that in all cases out of doubt he shouldn’t repeat the bracha. Zichron Yonah 30:7 applies this discussion to Kiddush.</ref>
# If one mentioned Yom Tov in Kiddush but not the specific one there’s a dispute if one fulfilled one’s obligation.<ref>Leket Shichacha Vtaut p. 397 writes that the Bet Yehuda 4 holds that one fulfills one's obligation if one mentioned Yom Tov but just didn't mention which Yom Tov it was, but the Mishna Brurah 427:11 holds that one doesn't fulfill one's obligation. Shemirat Shabbat Khilchata v. 2 p. 110 holds like the Mishna Brurah.</ref>
==Questions and Answers==
# Is it permissible to have [[Kiddish]] before [[Mussaf]]? [[Kiddush#eatingbeforemussaf|click here]]

== Sources ==
{{Reflist|2}}
[[Category:Brachot]]
[[Category:Holidays]]
[[Category:Pesach]]
[[Category:Shabbat]]
[[Category:Sukkot]]

Kiddush

2018-12-13T15:05:42Z

Ezralevy: /* What to use for Kiddush? */

{{Good}}
[[Image:Kiddush Cup.JPG|200px|right]]
Before eating on [[Shabbat]] or [[Yom Tov]], both during the nighttime and daytime, '''Kiddush''' is recited over a cup of wine (preferably). The relevant halachot are detailed below:
==Obligation==
# The mitzvah of Kiddush is a Biblical commandment alluded to in the Ten Commandments. The Torah says, "זכור את יום השבת לקדשו" meaning "remember [[Shabbat]] to sanctify it," and one fulfills it by saying the text of [[Kiddish]] on Friday night. <ref> Rambam Sefer Hamitzvot Aseh 155, [[Chinuch]] 31, Smag Aseh 29, Sefer Hamitzvot of Rav Saadia Gaon Aseh 33 all count the mitzva to sanctify the [[shabbat]] with words based on this pasuk.
* Rambam (Hilchot [[Shabbat]] 29:1) writes that there is a positive biblical commandment to remember [[Shabbat]] based on the pasuk "זכור את יום השבת לקדשו" (Shemot 20:7). In 29:4, he writes that the primary time for the mitzvah is Friday night. Kitzur Shulchan Aruch 77:1 rules like the opinion of the Rambam. [However, it seems that Tosfot (Nazir 4a s.v. My Hee; first opinion) holds that the mitzvah of [[Kiddish]] is Derabbanan and the pasuk of Zachor is only an asmachta]. Tosafot Pesachim 106a “zochrayhu” states two opinions: 1) the cup of wine is diRabanan; 2) the cup of wine is diorayta, but the drinking is dirabanan. </ref> Many authorities consider Kiddush of [[Yom Tov]] to be Derabbanan, yet it shares all the same halachas of Kiddush of [[Shabbat]]. <Ref>Mishna Brurah 271:2, Nitei Gavriel ([[Yom Tov]] vol 2, 29:1)</ref>In addition, Chazal instituted that [[Kiddish]] be made over a cup of wine. <ref> Pesachim 106a states that the [[Kiddish]] is supposed to be said over a cup of wine. Tosfot (s.v. Zochrayhu; first opinion) and Rambam (Hilchot [[Shabbat]] 29:6) write that saying [[Kiddish]] over the cup of wine is Derabbanan. Tosfot's second opinion holds saying [[Kiddish]] over a cup of wine is Deoraittah, but drinking it is Derabbanan. </ref>
# Some authorities hold that the Biblical obligation is discharged with the [[prayer]] in Shul and that the [[Kiddish]] at home is entirely Derabbanan. <ref> Magen Avraham 271:1 writes that since the Rambam and Tosfot hold that the Deorittah part of [[Kiddish]] is that it is stated orally, one should be able to fulfill this obligation with one's [[Maariv]] [[prayer]] in Shul. This is quoted as halacha by the Bear Hetiev 271:2. However, there is a great discussion in the achronim and many argue on the Magen Avraham (Mishna Brurah 271:2 (based on the Tosfet [[Shabbat]] 271:3) argues that since one doesn't have intention to fulfill the obligation of Zachor, the [[prayer]] in shul doesn't fulfill the obligation of [[Kiddish]]). There is a dispute whether a women's lighting [[Shabbat]] candles can fulfill [[Kiddish]] Deoritta, Sh"t Mishneh Halachot 7:37 holding that it can fulfill the Deoritta obligation, while Sh"t Az Nidabru 12:1 strongly disagrees. </ref>
==Amount to Drink==
# The [[Kiddush]] cup itself must contain the volume of at least a reviis of one in order to be valid. The amount of a reviis is open to dispute. According to Rav Chaim Naeh, 3.2 fluid ounces is sufficient. According to Rav Moshe Feinstein, on Friday night one needs 4.42. During the day, Rav Moshe requires only 3.3 fluid ounces. <ref>Haggadat Kol Dodi, Mishna Brurah 183:9, Shaar HaTziyun 183:14</ref>
# In order to fulfill this obligation, one should drink most of a cup that contains at least a [[reviit]]. Some say one should only drink a Melo Lugmav (a cheekful) and some say one should preferably drink a [[Revi'it]].<ref>
* What is the minimum amount of wine one should drink for [[Kiddish]]? Shulchan Aruch 271:13 writes that for kiddush one must drink a Melo Lugmav, which is a cheekful and is the equivalent of the majority of a [[Revi'it]]. Kitzur Shulchan Aruch 77:9 agrees. Kaf HaChaim 271:83 and Or Letzion (vol 2, 20:22) write that it's preferable to drink a complete [[Reviyit]]. On the other hand, Beiur Halacha 174:6 s.v. VeChen writes that since there's a dispute whether the [[Birkat HaMazon]] will exempt the [[Bracha Achrona]] of the wine, one should preferably drink only a Melo Lugmav and not a [[Reviyit]]. Then he ends off by referencing the Shulchan Aruch's ruling in 190:3 and says that one should have intent that the [[Birkat HaMazon]] will exempt the wine before the meal. Yalkut Yosef ([[Shabbat]] vol 1, p 274) simply writes that one must drink a Melo Lugav and doesn't say it's preferable to drink a [[Reviyit]].
* See also Shulchan Aruch 190:3 who writes that because there is a dispute whether one is obligated to make a [[Bracha Achrona]] for a [[Kezayit]] or a [[Reviyit]] of wine, one shouldn't enter into that dispute and for a Kos Shel Bracha, when one needs to drink more than a Melo Lugmav, one's only option is to drink more than a [[Reviyit]]. Kaf HaChaim 271:84 quotes the Pri Megadim who explains that this doesn't apply to Kiddush before a meal since the [[Birkat HaMazon]] exempts the wine from a [[Bracha Achrona]].
* Mishna Brurah 272:30 rules that the obligation to have most of a [[Revi'it]] applies regardless of which drink you use for kiddush. Rav Tzvi [[Pesach]] Frank in Har Tzvi 1:159, however, says that since the Taz (210:1) holds that one would be obligated to say a beracha acharona on less than a [[Revi'it]] of liquor because less than that already is considered to be significant enough for a beracha acharona, the same would apply for how much you need to drink for [[kiddish]]. In regards to [[Bracha Achrona]], Mishna Brurah 190:14 based on the Magen Avraham 190 also writes that there's no difference between wine and other drinks in opposition to the Taz's opinion in that regard as well. </ref>
# For [[Kiddish]], the [[Revi'it]] should be considered to be 4.4oz. <ref>Haggadah Kol Dodi (Rabbi Dovid Feinstein, 5730, pg 4) writes that the [[Revi'it]] for kiddush on [[Shabbat]] (using the method of measuring finger-widths) should be 4.42 oz.</ref>

==Kiddish in Shul==
# In the days of the gemara, the Rabbis instituted saying [[Kiddish]] in shul for the travelers who would eat and drink in the Shul. Nowadays, when guests don't eat their meals in shul, some say that its proper not to say Kiddush in shul, while others uphold this minhag to say Kiddush in shul on Friday night. <ref>The Gemara Pesachim 100b discusses the custom to recite kiddush on Friday night in shul. The Tur 269 writes that saying Kiddush in shul was only established in order to fulfill the obligation of Kiddush for the guests who would eat their meal in shul. He says that nowadays that guests don't eat their meal in shul one shouldn't say Kiddush in shul. The Beit Yosef 269 quotes the Rabbenu Yonah, Ran, and Rashba who defend this practice of saying Kiddush in shul even if guests don't even their meal in shul. Additionally, the Rambam (Sh"t Harambam 37) writes that this minhag shouldn't be discontinued because all establishments that the rabbis made must remain even if the reason no longer applies. Rashba responsa 1:37 and Maharam Chalavah Pesachim 101a agree. Nonetheless, the Bet Yosef writes that the more proper minhag is not to say Kiddush in Shul. Shulchan Aruch 269:1 rules that some have this practice to say Kiddush in shul, but its better not to. Mishna Brurah 269:5 writes that the common minhag is to say Kiddush in shul and one shouldn't uproot it. Yalkut Yosef 269:2 writes that if there are some in shul who will not say Kiddush at their homes at all, it is not just justified but even encouraged to say Kiddush in shul, but otherwise a shul who doesn't yet have that and doesn't yet have an established minhag, shouldn't say the kiddush in shul. He continues that whatever shul already has the minhag to say it, they should not be stopped because this minhag has its basis.
* Sh"t Yachin Uboaz 118 writes that that the Rashbetz wouldn't answer [[amen]] to the kiddush in shul because of the safek beracha livatala.</ref>
# This minhag applies to [[Shabbat]] and [[Yom Tov]] except for the first day of [[Yom Tov]] of [[Pesach]] (and second in Chutz LaAretz). <ref>Mishna Brurah 269:5, BeYitchak Yikare adds second day in chutz la'aretz </ref>
# The one making [[Kiddish]] in shul shouldn't drink from the wine but rather give it to children to drink. Some say that the children should be below the age of [[chinuch]] (6 or 7) while others say that it's better to give it a child above that age. If it is not possible to find a child to drink the wine, an adult should drink it but should make sure to drink a [[Reviyit]] or more, say a [[Bracha Achrona]], and have intent to fulfill the mitzvah of [[kiddish]]. <Ref>Shulchan Aruch 269, Mishna Brurah 269:1, Yalkut Yosef 269:2. The Magen Avraham 269:1 explains that it is permitted to have the child drink the kiddush wine even though his meal isn't there and it is like eating before kiddush. He explains it is permitted for a child to eat before kiddush for several reasons: 1) Since eating before kiddush is a prohibition implied from a mitzvah it isn't an issue of feeding something forbidden to children. (Yalkut Mefarshim on Ran Yoma 3a agrees.) 2) Since the prohibition is only related to time and not intrinsic to the food it is permitted to feed to children. (Meor Yisrael Ymoa 78b agrees.) 3) According to the Geonim it is permitted to just have the cup of kiddush without the meal there and for children that is sufficient to rely upon. 4) According to the Rashba and Ran it is permitted to feed a child a rabbinic prohibition. </ref>
# The minhag is to stand for [[kiddish]] in shul. <ref> Rama 269:1 </ref>

==Kiddish at night==
# On Friday night, one should hurry home after shul to bring in the [[Shabbat]] and not taryy in conversation at shul. <ref> Yalkut Yosef [[Shabbat]] 1 271:1 </ref>
# Kiddush at night is considered greater than the Kiddush of the day.<ref> The Ran on Gemarah Pesachim 106a says that the [[Kiddish]] of the night is Deoritta while that of the day is Derabbanan. </ref> Therefore, if one has two bottles of wine the better bottle should be used for Kiddush at night. (However, the day is considered greater in general and should have the better selection by everything else). <ref> Gemarah Pesachim (105a)</ref>
# The text of [[Kiddish]] includes Yom HaShishi, which are pesukim describing [[Shabbat]], and two [[Brachot]], Borei Peri HaGafen, and Mekadesh Ha[[Shabbat]]. <ref> Rambam (Hilchot [[Shabbat]] 29:7) writes that the order of [[Kiddish]] is Vayichulu (which are pesukim said based on Minhag), the Borei Pri Hagefen and then Mikdash Ha[[Shabbat]] (the text of which can be found in Rambam 29:2). </ref>
# When reciting [[Kiddush]] on Friday night, we say the words "ויהי ערב ויהי בקר" - "Vayihi erev vayihi boker" quietly before saying "יום הששי" Yom Hashishi. While we generally avoid reciting Pesukim in ways which differ from their presentation in the Torah<ref>Tanit 27b, [[Megillah]] 22a. "כל פסוקא דלא פסקיה משה אנן לא פסקינן".</ref>, nonetheless we only say the second part, and don't say the first part of the Pasuk quietly because Chazal understand the words "טוב מאד" as a reference to death. However, there is debate whether one is allowed to say only part of a Pasuk so some are careful to add the rest of the Pasuk ''Vayar Elokim Et Kol Asher Asa Vehini Tov Meod, Veyihi Erev Vayihi Boker Yom Hashishi''.<ref>Rama 271:10, Levush 271:10, Aruch HaShulchan 271:25, Chatom Sofer OC 10. Chatom Sofer OC 1:51 explains the minhag is based on the fact that we want to mention yom hashishi before vayichulu hashamayim since there’s an acrostic of Hashem’s name of the first letter of each of those four words. But since we don’t want to mention only two words from a pasuk since it is meaningless we include a whole phrase. However, we don’t want to say the whole pasuk since the midrash says that there’s a reference to death in the beginning of the pasuk. [http://www.havabooks.co.il/sms.asp?cat=6 Rav Aviner] Nefesh Harav (p. 159) quotes Rav Soloveitchik as having the practice to say the beginning part of the pasuk quietly to himself. He also cites this as the practice of the Steipler (Orchot Rabbenu v. 1 p. 109).</ref>

==Kiddish of the day==
# The text of [[Kiddish]] during the day is just Borei Pri Hagefen. <ref> The Gemara Pesachim 106a states that the primary [[Kiddish]] is at night, but there's also a [[Kiddish]] of the day. Even though it seems to be Deorittah as the gemara learns it from a pasuk, the Rishonim agree that the pasuk is only an asmachta (Ravad and Magid Mishna (Hilchot [[Shabbat]] 29:10), quoted by Bear Heitiv 289:2) and the obligation of [[Kiddish]] during the day is only Rabbinic. The gemara concludes that the text of such a [[Kiddish]] is just Borei Pri [[HaGefen]]. Rambam (Hilchot [[Shabbat]] 29:10) and Shulchan Aruch 289:1 rule this as halacha. </ref> However, many have the minhag to say Pesukim before saying the Bracha. Some say two paragraphs<ref> Siddur </ref>, "Veshamaroo" and "Zachor" and others have the minhag to add another paragraph before these starting with "Im tashiv Mishabbos Raglecha" which are the Pesukim in Yeshaya which inlude the Pasuk from which the obligation of making Kiddush is derived. Many skip to the last sentence of "Zachor" starting with "Al cen berach" before saying the bracha on the wine.
# It's forbidden to taste anything before [[Kiddish]]. <ref> Rambam (Hilchot [[Shabbat]] 29:10) and Shulchan Aruch 289:1 rule that since there's an obligation to make [[Kiddish]] it's forbidden to eat anything before [[Kiddish]] just like the [[Kiddish]] of Friday night. </ref>
# If one is thirsty it is permissible to drink water before [[Shacharit]] on [[Shabbat]] day since the obligation of [[Kiddish]] doesn't apply until one prayed. <ref> Tur writes in the name of his father, the Rosh, and Shulchan Aruch 289:1 </ref>
# Someone who is sick and needs to eat before davening on Shabbat, according to Ashkenazim should recite Kiddush beforehand unless one doesn't eat a kezayit of mezonot within a kdei achilat pras,<ref>Mishna Brurah (Biur Halacha 289:1 s.v. chovat) and Igrot Moshe OC 2:26:2 write that someone who is sick and needs to eat before davening on Shabbat should make kiddush unless he doesn't need to eat pat haba bekisnin. Piskei Teshuvot 289:8 note 63 writes that the best option is for the sick person not to have a kezayit of pat haba bekisnin within a kedi achilat pras which wouldn't obligate kiddush.</ref> while according to Sephardim it isn't necessary.<Ref>Yabia Omer OC 8:31 and Or Letzion 2:20:14 write that someone who is sick and needs to eat before davening on Shabbat does not need to make kiddush. See also Kaf Hachaim 276:28 who is lenient in extenuating circumstances. See Chazon Ovadia (Shabbat v. 2 p. 149) where Rav Ovadia recommends that a sick person who needs to eat bread or pat haba bekisnin before davening should recite kiddush.</ref>

==Pouring Off==
# A person shouldn’t pour off to the other cups between the kiddush and drinking. If he is sick and worried about others drinking from his cup he can pour off but should make sure to leave a reviyit in the cup when he drinks.<ref>
* Piskei Teshuvot 271:32 quotes the Mishnat Yosef 4:35 who says that initially one shouldn't pour off before drinking because one should drink from a cup with a reviyit and also so that it shouldn't look like a disgrace to the mitzvah (bizuy mitzvah, see Mishna Brurah 296:4 and Eliya Rabba 271:23). However, if he’s sick he can pour off some and then drink from the cup which still has a reviyit. [https://www.yutorah.org/sidebar/lecture.cfm/898548/rabbi-hershel-schachter/berachos-92-47a-kiddusha-rabba-ii-bracha-al-hakos-ad-sheyitom-hamevarech-answering-amen/ Rav Hershel Schachter (Brachot Shiur 92 min 44)] agreed that one shouldn’t pour off so much that there’s not a reviyit left before you drink. He holds like the Magen Avraham as will be explained.
* Should the cup one drinks from have a reviyit? Tosfot Pesachim 105b s.v. shema writes that one must drink from a cup that has a reviyit and not pour off some of the cup into another cup and drink. Agudah Pesachim 10:84 and Ritva Pesachim 105b s.v. shema agree. Magen Avraham 271:24 rules like Tosfot. Mishna Brurah 271:51 agrees. Shulchan Aruch 271:11 seems not to hold like Tosfot but see Eliya Rabba 271:23 who defends Shulchan Aruch but also accepts Tosfot. Korban Netanel Pesachim 10:200 writes that in fact the Rosh, Rabbenu Yerucham, and Shulchan Aruch disagree with Tosfot and you don’t have to drink from a cup with a reviyit. Netiv Chaim 271:11 agrees. Rabbi Akiva Eiger Pesachim 105b discusses whether the proof of the Korban Netanel is conclusive.</ref>
# The one reciting kiddush doesn't have to pour off into their cups unless their cups are invalid for kiddush as they drank from them already. In such a case the one reciting kiddush can pour off from his cup into the others so that they are considered valid for kiddush.<ref>Tosfot Pesachim 106a s.v. gachin, Tosfot Brachot 47a s.v. ein, Rosh Pesachim 10:16, Rosh Brachot 7:15, Shulchan Aruch OC 271:17</ref>
==Listening to Kiddush==
# Those who are listening to the kiddush shouldn't drink until the making the kiddush drinks.<ref>Gemara Brachot 47a</ref> However, if they each have their own cup they may drink without waiting.<ref>Yerushalmi Brachot 6:1, Tosfot Brachot 47a s.v. ein, Tosfot Pesachim 106a s.v. gachin, Rashba Brachot 47a s.v. amar, Maharam Chalavah Pesachim 106a s.v. chazyey, Shulchan Aruch 271:16</ref>
# Those listening don't need to drink a melo lugmav and any amount is sufficient.<ref>The Levush 271:14 writes that those listening should drink a melo lugmav. However, the Maggid Mishna Shabbat 29:7 writes that those listening only need to drink a bit and not melo lugmav. The Taz 271:17, Eliya Rabba 271:29, and Mishna Brurah 271:71 follow the Maggid Mishna.</ref>
# Those listening to kiddush don't have to drink to fulfill their obligation but it is a mitzvah for them to drink.<ref>
Eruvin 40b and Pesachim 108b imply that only the one drinking needs to drink and no one else but Pesachim 106a and perhaps 108b imply that everyone listening should drink. The Rosh Pesachim 10:16 writes that although each person listening to kiddush doesn't need to drink wine to fulfill his obligation, there is nonetheless an added mitzvah to do so. Maharam Chalavah Pesachim 101a holds those listening don't need to drink. Tosfot Pesachim 99b s.v. lo originally assumes that those listening to the kiddush don't need to drink but afterwards questions that assumption. The Rambam Shabbat 29:7 implies that there is an obligation for everyone to drink. Maggid Mishna 29:7 just adds that those listening don't need to drink a melo lugmav. Shulchan Aruch OC 271:14 rules like the Rosh that as long as the one reciting kiddush drinks that is sufficient for everyone to fulfill their obligation but it is a mitzvah for them to drink. Mishna Brurah 271:83 agrees.</ref> They don't need their own cup and may drink from the cup of kiddush.<ref>Shulchan Aruch 271:14</ref> It isn't considered invalid for kiddush after the one reciting the kiddush drank and then they drink.<ref>Shaar Hatziyun 271:89 explains that even though if those listening had their own cup they should ensure that the cup should be valid for kiddush and not drunk from beforehand, however, if they are drinking from the kiddush cup after the one who recited kiddush drank it isn't considered invalid as their drinking is considered part of the original drinking of the one who recited kiddush.</ref>
# If those listening want to have their own cup to fulfill this added mitzvah to drink wine after kiddush they may do so. If they do so they should have a cup that is valid for kiddush and we view it as though they are all reciting their own kiddush over their cup of wine.<ref>Rosh Pesachim 10:16 writes that the wine in each person's cup has to be fixed and not drunk from beforehand in order for them to use it for drinking at kiddush even though they aren't reciting the kiddush. He explains that since they are listening to kiddush and going to drink wine from their own cup it is considered as though they are reciting their own kiddush over their own cup. If so that cup should be valid for kiddush. Tosfot Pesachim 106a s.v. hava, Tosfot Brachot 47a s.v. ein, Rashba Brachot 47a s.v. amar, Tur 182:4, and Ohel Moed 6:6 cited by Bet Yosef 182:2 agree. The Shulchan Aruch OC 271:17 accepts the Rosh.
* The Tiferet Shmuel on Rosh Pesachim 10:15:10 seems to have another understanding of the Rosh in which he assumes that those who are listening to the kiddush and have their own cups don't need their cups to be valid for kiddush and may be drunk from beforehand (like the Raah). However, the Divrei Chamudot Pesachim 10:15:36 understood the Rosh as above.</ref> Some disagree.<ref>The Raah cited by Bet Yosef 182:4 writes that those listening don't have to have valid cups for kiddush. The Shulchan Aruch 182:4 cites that opinion as a minority view.</ref>
# Some say that for kiddush by day those listening to kiddush must drink from the kiddush cup.<ref>
[https://www.yutorah.org/sidebar/lecture.cfm/856129/rabbi-hershel-schachter/inyonei-sefiras-haomer-nowadays-women-before-kiddush-beit-din-bein-hashmashos-shomea-keoneh/ Rav Schachter Inyonei Sefirat Haomer 5776 towards the very end] quoted the Torah Temimah, Netsiv, and Rav Velve Soloveitchik that one doesn’t fulfill one’s obligation if one doesn’t drink wine at the kiddush of the day specifically since it really is only a birchat hanehenin and not a bracha of a mitzvah. However, in [https://www.yutorah.org/sidebar/lecture.cfm/898548/rabbi-hershel-schachter/berachos-92-47a-kiddusha-rabba-ii-bracha-al-hakos-ad-sheyitom-hamevarech-answering-amen/ Brachot Shiur 92 (min 23)] he quoted that Rav Chaim was upset with this chiddush of the Netsiv and not everyone has to drink at the daytime kiddush. Teshuvot Vehanhagot 3:243 cites this dispute between the Brisker Rav and Rav Chaim.</ref>

==Eating before Mussaf==
# <div id="eatingbeforemussaf"></div> Once the time for [[Mussaf]] (from [[Olot HaShachar]]) it’s forbidden to eat a meal (more than a [[KeBaytzah]] of bread) before praying [[Mussaf]], however, it’s permissible to have a [[KeBaytzah]] of bread or a lot of fruit. <Ref>The Gemara [[Brachot]] 28b writes that the halacha doesn’t follow Rav Huna who says that it’s forbidden to taste any food before praying [[Mussaf]]. The Tur 286:3 writes that even though we don’t hold like Rav Huna we only permit have a snack but a meal is forbidden. The Bet Yosef quotes the Raavad, Rashba, and perhaps the Rabbenu Yerucham who agree. S”A 286:3 writes that it’s forbidden to eat a meal before praying [[Mussaf]] but it’s permissible to have a snack. The Magen Avraham 286:2 writes that the snack is the same as before [[Mincha]] where S”A 232:3 writes that one may have a [[KeBaytzah]] of bread and a lot of fruit but not more. Kitzur Shulchan Aruch 77:15 agrees. See Rav Mordechai Eliyahu's comment on Kitzur Shulchan Aruch 77:15 where he writes that we only rely on this in situations of pressing need.</ref>
# The custom is to be lenient to permit eating even more than a Kabaytzah of baked [[Mezonot]] (cakes and cookies) before [[Mussaf]] after having made [[Kiddish]]. <Ref>Shaar HaTziyun 286:7 writes that the measure for a meal before [[mussaf]] in regards to baked [[mezonot]] is the same as by [[Sukkah]]. Mishna Brurah 639:15-6 (regarding [[Sukkah]]) quotes some who say that if one establishes a meal out of the [[Pas HaBah Bekisnin]] certainly it requires a [[Sukkah]]. However, if one didn’t have it as a meal if one had more than a [[KeBaytzah]] then there’s a dispute whether one needs a [[Sukkah]] and if one eats less than a [[KeBaytzah]] then certainly it doesn’t require a [[Sukkah]]. Nonetheless, Halichot Shlomo ([[Tefillah]] 14:9, pg 179-80) writes that the minhag is to lenient to have even more than a Kabaytzah of baked [[mezonot]]. </ref>
# If one does eat before [[Mussaf]] one must first do [[Kiddish]] and have a [[Revi'it]] of wine or eat a [[Kezayit]] of baked [[mezonot]] (cakes and cookies) in order to fulfill [[Kiddish]]. <Ref>Magen Avraham 286:1, Beiur Halacha 286:3 s.v. Achilat, Mishna Brurah 286:7, Shemirat [[Shabbat]] KeHilchata 52:17</ref>

==The Cup for Kiddish==
# Some authorities say that one may not use a plastic or paper cup for [[Kiddish]], however, many authorities permit but agree that it's preferable to use a real cup. <ref> Sh"t Igrot Moshe O"C 3:39 forbids using a plastic or paper cup as they aren't considered a nice cup and it's worse off than a broken cup (which is forbidden by Shulchan Aruch 183:3. Mishna Brurah 183:11 says that even if it is just the base that is cracked one should still be strict.) The Radiance of [[Shabbos]] (page 44) points out that this doesn't depend on the quality of the plastic at all. [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 min 25-30)] agrees with Rav Moshe.
* However, Sh"t Tzitz Eliezer 12:23 differentiates between a cup that would be used for hot liquids and could be reused and one that's ruined after it's first use. Even if one personally doesn't reuse it, it is still considered a kli. This is true for kiddush, [[havdala]], and [[netilat yadayim]]. Sh"t Beer Moshe 5:55 on the other hand, only allows cup that are commonly reused and therefore only permits plastic cups and not paper cups, or small shot glasses because those are rarely reused.
* Sh"t Az Nidabru 6:49 is the most lenient allowing any disposal cup, however, it's still preferable to use a better cup as a hidur mitzvah. Shevut Yitzchak (vol 1, 4:5, pg 48) in name of Rav Elyashiv and Chazon Ovadyah ([[Shabbat]] vol 2 p. 56) concur with the lenient opinion. See further: [http://www.yutorah.org/lectures/lecture.cfm/727120/Rabbi_Aryeh_Lebowitz/kiddush_with_disposable_cups Rabbi Aryeh Lebowitz on yutorah.org]. Although many poskim, say that using two plastic cups doesn't help at all, see [http://www.yeshiva.org.il/ask/?id=62394 Rav Dov Lior] for the explanation of that practice, though he writes that he doesn't necessarily think that it helps the issue. </ref> After the fact one fulfilled one's obligation even if one holds one shouldn't use a disposable cup.<ref> Mishna Brurah 183:10 writes that the entire concept of having a cup for kiddush that is complete is important initially but after the fact isn't critical and one fulfills one's obligation. Therefore, [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 min 25-30)] explained that Rav Moshe who invalidated a disposable cup for kiddush because it is like it is already broken would agree that after the fact one fulfilled one's obligation.
* Rashba 51a s.v. ha writes that if a person doesn’t have one of the four major rules of a kos shel bracha a person doesn’t fulfill their obligation, the others are enhancements initially. Meiri 51a s.v. asara quote some who said that they are all only critical initially. Mishna Brurah 183:10 implies that we follow the Meiri. Maaseh Rav n. 86 follows the Rashba that it would prevent fulfilling one's obligation.</ref>
# The cup of [[Kiddish]] should be rinsed out before being used if it isn't already clean. <ref> The Gemara Brachot 51a establishes that the kos shel bracha should be cleaned on the inside and outside before it is used. Shulchan Aruch OC 183:1 codifies this gemara but adds that it is only necessary if the cup is dirty but if it is clean it doesn't need to be cleaned out. Chaye Adam ([[Shabbat]] 6:13) agrees. Mishna Brurah 183:3 writes that it is proper to clean it out unless it is completely clean. </ref> According to Kabbalah one should still clean out the cup in the inside and outside even if it is clean.<ref>Kaf Hachaim 183:4</ref>
# Some say it is a nice practice to surround the kiddush cup with six small cups of wine. The minhag isn't concerned for this opinion.<ref>Gra in Maaseh Rav n. 174 states that it is nice to have six small cups surrounding the main kiddush cup. His reason is that this is the practice of Itur of the Gemara Brachot 51a and even though the gemara says we don't have that practice the gemara only meant that it isn't critical but it is still a nice practice. Kaf Hachaim 183:3 writes that it isn't our practice since we try to follow the other explanation of Itur is having talmidei chachamim around the table, which isn't always possible but when it is that's the main method to add significance to the kiddush. </ref>
# The kiddush cup should be full.<ref>Gemara Brachot 51a, Shulchan Aruch OC 183:2</ref> If a person is afraid of spilling it is sufficient that it is almost full such as leaving it a quarter of an inch below the top.<ref>Taz 183:4 writes that the practice of not filling up the cup to the very top is because of a concern that it will spill and make a mess. Kaf Hachaim 183:13 adds to the Taz that it isn't considered not full if it is almost full. Similarly, Rabbenu Yonah 37b s.v. al writes that even if the cup isn't completely full it is considered full for a kos shel bracha. [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 beginning)] quoting Rav Shlomo Zalman Auerbach</ref>

==Eating before Kiddish==
# Kiddush has to be made before eating/drinking because the Pasuk says "VeKarasa LiShabbos Oneg" <ref> Isiah </ref> "And you shall call to the [[Shabbos]] a delight", which the Rabbanan learn to mean that there has to be a "calling" to the [[Shabbos]], meaning saying Kiddush, prior to it being "a delight", refering to eating/drinking. <ref> Tosfot and Rosh Pesachim 110a</ref>
# It's Rabbinically <ref> Mishna Brurah 271:11 writes that the prohibition is only Rabbinic. </ref> forbidden to eat anything even water <ref> [[Maggid]] Mishna (Hilchot [[Shabbat]] 29:5) explains that the Rambam holds drinking water before [[Kiddish]] is permitted, while the Rashba (Sh"t 3:264) forbids it. Hagahot Maimon 29:5 in name of Maharam as well as the Tur 271:4 also forbid. Bet Yosef says that the Rambam is unclear and may hold that even water is forbidden. Shulchan Aruch 271:4 rules that even water is forbidden. </ref> before making [[Kiddish]] once the time for [[Kiddish]] has come. <ref> Pesachim 106b records a dispute whether one who tasted food before [[Kiddish]] can still make [[Kiddish]]. Bet Yosef 271:4 implies from there that Lechatchila, it's forbidden to eat or drink before [[Kiddish]]. Rambam (Hilchot [[Shabbat]] 29:5), Tur and Shulchan Aruch 271:4 all rule that it's forbidden to eat before making [[Kiddish]]. </ref> This applies to the nighttime and daytime Kiddush.<ref>Kitzur Shulchan Aruch 77:13</ref>
# If one takes [[Shabbat]] upon oneself early, it's forbidden to eat before making [[Kiddish]]. <ref> Magen Avraham in name of the Bach writes that it's forbidden to eat before making [[Kiddish]] if one accepted [[Shabbat]] early. </ref> Therefore, one can accept [[Shabbat]] early, make [[Kiddish]], and eat even before praying [[Arvit]] as long as it's not within a half hour of the time to say [[Arvit]]. <ref> Magen Avraham 271:5 writes that one is allowed to accept [[Shabbat]] early, and then make [[Kiddish]] to permit eating, all before praying [[Arvit]]. Beir Heitev 271:4 quotes this as halacha. Kitzur Shulchan Aruch 77:4 and Mishna Brurah 271:11 limit the permit to eat to when one is more than a half hour before nightfall as is the halacha everyday of not eating before [[Arvit]]. </ref>
# If one doesn't pray or take [[Shabbat]] upon oneself early The time that the prohibition begins from [[Bein HaShemashot]]. <ref> Magen Avraham 271, Mishna Brurah 271:11 and Ben Ish Chai Beresheet 17 write that the prohibition begins at [[Bein HaShemashot]]. </ref>
# Rinsing out one's mouth is permitted since one doesn't intend to get benefit from the water. <ref> Magen Avraham 271:5 writes that rinsing out one's mouth is permitted as it isn't called drinking. Bear Hetiev 271:4 and Mishna Brurah agree. However, Ben Ish Chai Beresheet 17 is more stringent and only permits if one was fasting and only during [[Bein HaShemashot]]. </ref>

== Timing==
#Ideally, one should say Kiddush as soon as one gets home from Shul on Friday night.<ref> Pesachim 106a learns that the primary way to do [[Kiddish]], a remembrance of [[Shabbat]] is with wine on Friday night because that's the beginning of the day (in the Jewish calendar). Shulchan Aruch, O”C 271:1 </ref>
#One can say [[Kiddish]] before nightfall if one accepts upon oneself [[Shabbat]] early. <ref> Magen Avraham writes that [[Kiddish]] can be made during the day if one accepts upon oneself [[Shabbat]] early. Many achronim including Kitzur Shulchan Aruch 77:2 and Mishna Brurah 271:11 concur. </ref>
#If one missed Kiddush on Friday night, it can and should be made up at any point during [[Shabbat]] day, which means that one would recite the longer Friday-night version of Kiddush on [[Shabbat]] day. <ref> The Gemara Pesachim 105a rules that if one missed saying [[Kiddish]] on Friday night one can make it up through the rest of [[Shabbat]]. Rambam (Hilchot [[Shabbat]] 29:4), Tur and Shulchan Aruch 271:8 rule like the gemara pesachim. This is agree upon by the achronim including Aruch HaShulchan 271:21, Ben Ish Hai (Bereshit 19), and Hacham Ovadia Yosef, in Halichot Olam. Aruch HaShulchan and Ben Ish Chai write that even if the person ate intentionally one should still make [[Kiddish]] the next day. Additionally, achronim including the Chaye Adam ([[Shabbat]] 6:2), Aruch HaShulchan 271:21, and Ben Ish Chai (Beresheet 19) hold that we don't say Vayichulu if the [[Kiddish]] is said during the day since Vayichulu was instituted for the incoming of [[Shabbat]]. [This finds it's source in the Magid Mishna (Hilchot [[Shabbat]] 29:4).] </ref>
# If one forgot to say [[Kiddish]] on Friday night and only remembered during [[Bein HaShemashot]] of Saturday, one should say [[Kiddish]] then with [[Shem UMalchut]], however, according to Ashkenazim as long as one davened any of the [[Shabbat]] [[prayers]], if one needs to make Kiddush during [[Bein HaShemashot]] it should be done without Shem Umalchut. <ref> Ben Ish Chai Beresheet 19 writes that one could argue that according to the Magen Avraham, once one prayed on [[Shabbat]] the obligation of [[Kiddish]] is only Derabbanan and whenever there is a doubt about a Derabbanan obligation one may be lenient (Safek Derabbanan Lekula). If this was the case, one should say that if it is [[Bein HaShemashot]] one no longer needs to say Kiddush. However, the Ben Ish Chai rejects such an argument because some commentators limit the Magen Avraham to a case where one doesn't have wine or one specifically had Kavana in [[davening]] to fulfill one's obligation. Therefore, the Ben Ish Chai rules that one can still make [[Kiddish]] during [[Bein HaShemashot]] with a Bracha because of the rule Safek Deorittah LeChumra just like if there's a doubt concerning [[Birkat HaMazon]]. Halichot Olam (vol 3, pg 25-7) agrees. However, the Mishna Brurah 271:39 (Shaar Hatziyun 47) rules that if one did say Tefillot [[Shabbat]] and it's [[Bein HaShemashot]], one should make the bracha without [[Shem UMalchut]]. See [http://www.dailyhalacha.com/Display.asp?ClipID=1866 Rabbi Mansour on Dailyhalacha.com]. </ref>

==Washing before or after Kiddish==
# One should make [[Kiddish]] before washing for bread. However, Bedieved, if one did wash with a bracha before making [[Kiddish]], according to Sephardim, one should make [[Kiddish]] on bread and not on wine. <ref>
* Tur 271:12 quotes Rav Amram Goan (Siddur vol 2, [[Siman 17]]) who wrote that one should make [[Kiddish]] on wine and then wash for bread, however, if one washed first one should make [[Kiddish]] on bread in accordance with Rav Bruna in Pesachim 106b. Rambam (Hilchot [[Shabbat]] 29:9-10) and the Ran in explaining the Rif (22a) concur. The Maharam MeRotenburg's (quoted by the Tur 271:12) practice was to make Kiddush before washing. Shulchan Aruch 271:12 rules that one should make Kiddush and then wash, however, if one washed first one should make Kiddush on the bread.
* Kaf HaChaim 271:76 adds that the Arizal (Shaar Kavanot 71c) agrees because the order should be kept as [[Kiddish]] being the completion of [[prayer]] and washing as the start of the meal. Gra 271:12, Maamer Mordechai 271:16, and Yalkut Yosef ([[Shabbat]] vol 1 pg 273) concur with Shulchan Aruch. Therefore, Sephardim shouldn't change from the ruling of Shulchan Aruch even Bedieved. However, the Kaf HaChaim 271:77 argues that Bedieved one should say [[Kiddish]] on wine because one has what to rely on. </ref> According to Ashkenazim, Bedieved one can make still make the [[Kiddish]] on wine and then have the bread. <ref> However, the Rashbam (Pesachim 106b), and Baal HaMoar (Pesachim 21b s.v. Amar Rav Bruna) explain the gemara differently than the Ran and say that lechatchila one should make [[Kiddish]] first, however if one doesn't one can still make [[Kiddish]] on wine. Rabbenu Tam (Pesachim 106b s.v. Mekadesh) and the Ri (Pesachim 106b s.v. Zimnin) hold that even Lechatchila one should wash before making [[Kiddish]] on wine. Hagahot Maimon 29:100, Sh"t Rashba 1:752, Rokeach (115), and Mordechai (Pesachim 106b; pg 37c) side with Rabbenu Tam and Ri. Such was the minhag of the Rosh (quoted by Tur 271:12) and the minhag of Ashkenaz as writes the Rama 271:12. The Taz 271:14 and Chaye Adam ([[Shabbat]] 6:12) rule that the Rama is only bedieved. Therefore, Mishna Brurah 271:62 writes that since many achronim side with Shulchan Aruch and one satisfies all opinions one should make [[Kiddish]] first, however Bedieved one can rely on the Rama to make [[Kiddish]] on wine if one did in fact wash first. Kaf HaChaim 271:77 adds in the name of the Bach that if one didn't make the bracha on [[Netilat yadayim]] one should make [[Kiddish]] on wine and then rewash so that one doesn't loose the [[Kiddish]] over wine. </ref>
# Nonetheless, some Ashkenazim have the Minhag (specifically German Jews) to specifically wash before making [[Kiddish]] over wine and they have what to rely on. <ref> See previous note. Rama 271:12 writes that such was the minhag of Ashkenaz to wash before [[Kiddish]]. The Bet Yosef 271:12 comments that he saw some Sephardim who had such a practice but sternly disagreed based on the Rif and Rambam. </ref>
# There is no difference concerning the order between the one making the [[Kiddish]] and other members of the family. <ref> Magen Avraham 271:26 in name of Hagahot Mordechai (it seems that he means Mordechai pg 37b), Bach 271:11 (s.v. VeleInyan) distinguish between the one making [[Kiddish]] and the other members of the family for whom [[Kiddish]] won't be an interruption. Kaf HaChaim 271:79 argues that there's no difference between the one making [[Kiddish]] and the other family members. </ref>
# If one's minhag is to wash first, it's forbidden to dilute the wine between the washing and [[Kiddish]] as that would be an interruption between washing and the meal. Some say one also shouldn't pour the wine from the bottle between washing and the meal as it constitutes an interruption. <ref> Magen Avraham 271:27 writes that even according to Rabbenu Tam (Pesachim 106 s.v. Mekadesh) that Lechatchila one can wash before [[Kiddish]], explains that Bet Hillel ([[Brachot]]) says to make [[Kiddish]] first in the case where one has to dilute the wine becasue diluting wine takes precision and is definitely an interruption. Magen Avraham adds that according to the stringent opinion in Shulchan Aruch 166:1 (which is the Tur based on the Yerushalmi) one should be strict not to make any interruption. The Magen Avraham is brought as halacha by the Tosfet [[Shabbat]] 271:34 and Kaf HaChaim 271:78. </ref>
# If by accident one washed one's hands for bread before [[Kiddish]], according to Sephardim one should make [[Kiddish]] on bread <ref>Shulchan Aruch 271:12 </ref> unless one person of the group hasn't yet washed and can perform [[Kiddish]] over wine for everyone else (by saying it aloud while they listen)<ref>Menuchat Ahava (vol 1 pg 143) [http://www.dailyhalacha.com/Display.asp?PageIndex=9&ClipID=960 see dailyhalacha] </ref> and according to Ashkenazim one should make [[Kiddish]] on wine. <ref>Mishna Brurah 271:62 </ref>

==Eating in the place one made Kiddish (Kiddush Bimakom Seuda)==
# In the place where one made [[Kiddish]] one should make sure to have a meal there.<ref>Shmuel in Gemara Pesachim 101a says that one should only say Kiddush in the place where one is going to have a meal. The Rosh (Pesachim 10:5) says that this is based on the pasuk "VeKarata LeShabbat Oneg" which Chazal explain with "Kriyah" as a reference to Kiddush and "Oneg" to the meal and so the pasuk means, in the place of Oneg one should have Kriyah. Shulchan Aruch 273:4 and Kitzur Shulchan Aruch 77:14 codify this as the halacha.</ref> This applies both for the nighttime and daytime Kiddush.<ref>Kitzur Shulchan Aruch 77:14</ref>
# One should begin to eat something immediately after [[Kiddish]]. After the fact, as long as one had intent to eat immediately one doesn't need to make [[Kiddish]] again even if one made a long interruption and had a Hesech HaDaat (interruption of thought). However, if one didn't have intent to eat right away and then made an interruption of 72 minutes a new Kiddush is needed. <ref> Preferably, Rama 273:3 writes that one should make one's meal immediately after [[Kiddish]]. Mishna Brurah 273:12 explains that preferably, one should eat one's meal right after [[Kiddish]] without waiting. However, Bedieved, Mishna Brurah 273:12 and Piskei Teshuvot 273:3 based on Aruch HaShulchan 263:1 write that one shouldn't make a new [[Kiddish]] even if one had a long break or made a change in place and returned to the place of the [[Kiddish]]. On the other hand, if one didn't have in mind to eat immediately and then made an interruption, Mishna Brurah 273:14 writes that a new Kiddush is needed. Halichot Olam (vol 3, pg 3) defines this interruption as 72 minutes. </ref>
## Even though Kiddush should be recited immediately prior to the meal, if there is a halachic need related to the meal to delay it, it is permitted. For example, the Kiddush at the seder on Pesach is made much in advance of the meal but it is acceptable since the Maggid is a necessary prerequisite to the meal.<Ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=15 (Kol Sinai Tevet 5724 p. 15)] writes that Maggid doesn't make the Kiddush before the meal not adjacent to the meal because the Maggid is necessary for the meal as we need to speak about the Matzah (Lechem Shonim Alav Devarim Harbeh). Halichot Shlomo of Rav Shlomo Zalman Auerbach (Moadim v. 2 p. 248 9:14) agrees and explains that the Maggid is intrinsically part of the meal and such was the establishment of chazal. See Rav Chaim Palagi Haggadah regarding how Maggid is an extension of Kiddush (like the Rif cited by Avudraham why there's no bracha on Maggid since Kiddush already fulfills the mitzvah of Maggid).</ref>
# In order to have [[Kiddish]] in the place where one eats and that the [[Kiddish]] is considered a proper [[Kiddish]], one must eat at least a [[Kezayit]] of [[mezonot]], bread, or a reviyit of wine. <ref> Shulchan Aruch 273:5 writes in name of the Geonim that one can fulfill the obligation to eat in the place of where one makes [[Kiddish]] by eating bread or wine. Magen Avraham 273:10 and Mishna Brurah 273:21 rule that a [[Kezayit]] is needed to fulfill this obligation. Mishna Brurah 273:25 comments that certainly [[mezonot]] fulfills the obligation as it's more significant than wine. Mishna Brurah 273:25 writes in name of Hagahot Rabbi Akiva Eiger and Tosefet [[Shabbat]] that wine doesn't fulfill one's obligation according to many and so one should only rely on this in cases of need. Piskei Teshuvot writes that it seems that there's a dispute between the Magen Avraham 273:11 and the Shaarei Teshuva 289:1 whether one can fulfill one's fulfill with [[mezonot]] that's not Pat HaBah Bekisnin. The Mishna Brurah 273:25 holds like the Magen Avraham and one can fulfill one's obligation by having any [[mezonot]]. Shemirat [[Shabbat]] KeHilchato 52:24, Sh"t Az Nidabru 8:31, Kiddush KeHilchato (pg 195), Sh"t Or Letzion (vol 2, 20:28), and Yalkut Yosef ([[Shabbat]] vol 1 pg 196; Halichot Olam (Vol 3, pg 1)) agree. </ref> Even though theoretically this applies also at night, one should be strict at night not to rely on this.<ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=13 (Kol Sinai Tevet 5724 p. 13)] writes that since some disagree with the geonim we shouldn't rely on them at night when Kiddush is Biblical.</ref>
# If someone is reciting kiddush in one room and someone else is hearing the kiddush in another room if the person listening to the kiddush is going to eat his meal in the room where he is that is considered kiddush in the place of the meal. The reason is that the one fulfilling his obligation of kiddush needs to be in the room where he is going to eat his meal and not where the person making kiddush is.<ref>Maharam Chalavah Pesachim 101a explains that they used to make kiddush in shul and people in a nearby room would hear the kiddush and fulfill their obligation and eat there. It is considered kiddush in the place where they're going to eat since they're fulfilling their obligation and they're the ones eating. The location of the making kiddush doesn't impact that. Tosfot Pesachim 101a s.v. dochlu implies otherwise. Nonetheless, the Bet Yosef 273:6 cites the Rabbenu Yerucham, Smag, and Hagahot Maimoniyot who agreed with Maharam Chalavah. Shulchan Aruch OC 273:6 holds like Maharam Chalavah. Rabbi Akiva Eiger 273:2 explains that those listening to the kiddush are like making kiddush themselves.</ref>

== Women ==
# The Mitzvah of Kiddush is unique in that women are obligated even though it is a Mitzvat Aseh She’Hazman Grama, based on a Talmudic derivation that since women are obligated by the prohibitions of [[Shabbat]], they are also obligated in the positive commandments of the day.<ref>On [[Berachot]] 20b, Rava says that women are obligated in [[Kiddish]] on a Deoritta level because the torah compares the positive and negative commandments of [[Shabbat]] by switching the terms "Zachor" and "Shamor" implying that anyone who is obligated in the negative commands is also obligated in the positive ones. Shulchan Aruch 271:2 and Kitzur Shulchan Aruch 77:4 codify this as the halacha. A woman's obligation applies both at night (Mishna Brurah 271:3) and during the day (Mishna Brurah 289:6). Maharam Chalava pesachim 106a "bayom mai" disagrees and says that women aren't obligated during the day </ref>
# Since women are obligated on a biblical level, they should either listen to their husband or hear another adult make [[Kiddish]] and answer [[Amen]], or say it themselves. <ref> Since women are obligated in [[Kiddish]] on a biblical level, they can definitely make [[Kiddish]] for themselves. Additionally since a man is obligated, a women can fulfill her obligation with the man's [[Kiddish]] as they both have a Deorittah obligation. According the Magen Avraham that one fulfills the Deorittah obligation in [[prayer]], if a man and women have both already prayed, they can fulfill each other's obligation since they have equal obligations. However, if the man prayed and the women didn't, then the man is obligated on a Rabbinical level and the women is obligated on a Biblical level. If so, Rav Yechezkel Landau in Dagul Mirvavah 271:2 asks, whether the women can't fulfill her obligation with the man's reading, or perhaps she can because nonetheless, men are able to fulfill the obligation of others using Arevim Zeh LaZeh (the side is also not definite because the Rosh ([[Brachot]] 3:13 last line) writes that women aren't included in Arevim). He leaves it unanswered and the Kitzur Shulchan Aruch 77:4 writes that it's preferable that women say the [[kiddish]] along with the one making [[Kiddish]] so that they are fulfilling their own obligation. However, the Sh"t Rabbi Akiva Eiger 1:7 argues that certainly women are included in Arevim Zeh LaZeh (and explains that the Rosh was talking about mitzvot that women are exempt from) and so a man with a Derabbanan obligation can fulfill a woman's obligation even if she is has a Deorittah obligation. Aruch HaShulchan 271:6 and Chazon Ovadyah ([[Shabbat]] vol 2 pg 24) concur. </ref>
# Technically a woman can fulfill the obligation of her husband and family though it isn't advised. <ref> Shulchan Aruch 271:2 writes that since women are obligated in [[Kiddish]] on a Deorittah level, they can fulfill the obligation of a man who also has such an obligation. Even though the Maharshal and Bach argue with this, the Taz, Magen Araham, Gra, Mishna Brurah 271:4 all agree with Shulchan Aruch that a women can fulfill the obligation of a man. Nonetheless, Eliyah Rabbah, Derech Chaim, and Mishna Brurah 271:4 write that it's preferable that a women not fulfill the obligation of men not in her family because it's not entirely appropriate. </ref>

==Children==
# Once a child has reached the age of [[chinuch]], they are required to hear the kiddush on [[Shabbat]]. Therefore in the event that the child did not hear kiddush, an adult may repeat kiddush on his behalf, even though the adult had already fulfilled this own obligation. <ref> Children in Halacha pg. 39 </ref>
==Sitting or standing for Kiddush==
# Many have the practice to sit for Kiddush, however, some have a Minhag to stand for [[Kiddish]]. <ref>
* (1) Sources that one should sit: Tosfot 43a writes that to be included in [[Kiddish]] one should sit. [Additionally, from the discussion of the Rambam (Hilchot Succah 6:12) writes that one the first night of [[Sukkot]] one should say the [[Kiddish]] standing so that one can make the bracha of LeShev BaSukkah before sitting down, implying that during the rest of the year one should say [[Kiddish]] sitting.]
* (2) Reasons one should sit: Mishna Brurah 271:46 brings the reason of the Kol Bo that one should sit as a part of [[Kiddish]] BeMakom Sueda making [[Kiddish]] in the place one will eat, and the reason of the Gra that because sitting represents an established setting and one is able to fulfill the obligation of others only is such a setting. Mishna Brurah extrapolates from the Gra's reasoning that even those who listen should preferably sit, and if they are not only standing but even moving here and there during [[Kiddish]] one certainly doesn't fulfill his/her obligation. Chaye Adam ([[Shabbat]] 6:13) writes that it's preferable to sit during [[Kiddish]] so one can see the cup (like the Rama writes 271:10 that one should look at the cup) and one's family as one makes [[Kiddish]].
* (3) Practices: Therefore, Shulchan Aruch 271:10 rules that one should stand for Vayichulu implying that one should sit for the rest of [[Kiddish]]. However, Arizal (quoted by Aruch HaShulchan 271:21) held one should stand for [[Kiddish]] out of respect for the [[Shabbat]] queen (similar to the reason Ashkenazim stand for [[Havdalah]], see Mishna Brurah 296:27). Lastly, Rama 271:10 writes that one is permitted to stand for the entire [[Kiddish]], but it's preferable to sit for [[Kiddish]]. Sh"t Igrot Moshe 5:16 writes that even the Rama only writes that it's permissible to stand for [[Kiddish]] but preferably one should sit, and so if one doesn't have a custom one should follow the Shulchan Aruch. </ref> Nonetheless, one should stand for Vayichulu. <ref> Shulchan Aruch 271:10 rules that one should stand for Vayichulu. Mishna Brurah 271:45 explains that the one should stand for Vayichulu because it acts as a testimony which in court would require one to stand. Rama 271:10 writes that the Minhag was to sit for Vayichulu except for the beginning of Vayichulu (during the words of Yom HaShishi Vayichulu HaShamayim because the first letter of those words spell Hashem's name). Mishna Brurah 271:47 explains that one can sit for Vayichulu because once one stood while it's said in Shul it can be said seated during [[Kiddish]]. Nonetheless, Mishna Brurah 268:19 writes that the minhag is like Shulchan Aruch to stand for Vayichulu. See further Rabbi Lebowitz's article on [download.yutorah.org/2009/1109/735392.pdf yutorah.org].</ref>
# For [[Shabbat]] day, the accepted custom is to sit. <ref> Rav Moshe Shternbuch (Teshuvot V’hanhagot #254) writes that even those who stand for Friday night Kiddush should sit for [[Shabbat]] day [[Kiddish]] because the reason of standing for Vayichulu and continuing doesn't apply as there is no Vayichulu, nor is there a [[Shabbat]] queen to greet. </ref>
# For [[Yom Tov]] Kiddush, many have the custom to sit, <ref> Sh"t Igrot Moshe 5:16 writes that the only reason to stand the entire [[Kiddish]] on [[Shabbat]] is because once one is standing for Vayichulu one can continue standing for the rest of the [[Kiddish]], however since there's no Vayichulu on [[Yom Tov]] one must sit according to all opinions. </ref>but some have the practice to stand.<ref>Aruch HaShulchan 271:24, Nitei Gavriel ([[Yom Tov]] vol 2, 29:18</ref>

==What to use for Kiddush?==
# One should use a full cup<ref>Gemara Brachot 51a, Shulchan Aruch 271:10. [http://www.yutorah.org/lectures/lecture.cfm/799059/Rabbi_Hershel_Schachter/Hilchos_Shabbos_4_-_Inyonei_Kiddush_and_Havdalah Rav Schachter ("Hilchos Shabbos 4", min 33-5)] based on Rabbenu Yonah holds that if the cup is two thirds full it is considered full.</ref> of wine for Kiddush. Some say that grape juice is considered equally suitable as wine<ref>Yachave Daat 2:35 writes that one can use grape juice for kiddush, and Hacham Ovadia's opinion is also found in Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 81. Or Letzion 2:20:18, Yesodei Yeshurun 3:214-215 and Mishneh Halachot 13:38 agree. [http://www.yutorah.org/lectures/lecture.cfm/799059/Rabbi_Hershel_Schachter/Hilchos_Shabbos_4_-_Inyonei_Kiddush_and_Havdalah Rav Schachter ("Hilchos Shabbos 4", min 90-2)] quotes Rav Moshe as allowing grape juice for Kiddush but saying it is best to avoid the dispute. An [http://www.torahlab.org/doitright/using_grape_juice_for_kiddush/ article on TorahLab.org] writes that the majority of poskim hold grape juice is fit for Kiddush.</ref>, while others disagree.<ref>Shemirat Shabbat Kehilchata 53:2 citing Rav Shlomo Zalman Auerbach concludes that preferably one shouldn't use grape juice for kiddush. Laws of Brachos p. 316 writes that one shouldn't use grape juice for kiddush.</ref> Regarding grape juice from concentrate see [[Grape_Juice_and_Wine#Beracha]].
# It is better to use red wine for Kiddush.<ref>Mishna Brurah 271:10; Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82</ref> If only white wine is available then one may make kiddush on it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82 </ref> If one has white wine it is preferable to use it for Shabbat day as opposed to Kiddush on Friday night.<ref>[http://www.yutorah.org/lectures/lecture.cfm/798611/Rabbi_Hershel_Schachter/Hilchos_Shabbos_3_-_Choleh_BeShabbos_&_Kiddush Rav Schachter ("Hilchos Shabbos 3" min 73)] quoting Rabbi Akiva Eiger</ref>
# One may only make kiddush on wine that is proper for nisuch on the mizbeach, therefore, malodorous wine may not be used. However, malodorous wine can be fixed by adding other wine to it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 78 </ref>
# If wine tastes like wine but smells like vinegar then it is permissible for making kiddush, but if wine tastes like vinegar but smells like wine then it is prohibited for making kiddush. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 82, based on Rambam, Hilchot Shabbat, Perek 29, Halachot 15 and 17, and S"A, Orach Chaim, 272:3 </ref>
# Ideally, one should not make kiddush on wine that has been left open overnight, nevertheless, one has fulfilled his obligation after the fact if he/she made kiddush on it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 78 </ref>
# It is permissible to use wine that was left open as long as it was stored in a closet or refrigerator. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 78 </ref>
===If there is no wine or grape juice===
# If one doesn't have wine on Friday night, kiddush should be recited on the bread and one should keep one's hands on the bread throughout the kiddush. <ref> Shulchan Aruch 272:9 writes that some say one should say kiddush on chamar medina, some say not to say kiddush at all, and some who say that bread should be used for kiddush because of its importance. Rama 279:2 comments that the minhag is like the last opinion. Kaf HaChayim 272:50 and Yalkut Yosef 272:16 write that Shulchan Aruch holds like the last opinion. Mishnah Brurah 272:28 says to put your hands on the [[challah]]. Rav Avigdor Neventzahl in his commentary on Mishna Brurah (Biyitzchak Yikare 272:28) says that one should actually hold the [[challah]]. </ref>
# If there's no wine available for [[Shabbat]] lunch one should use Chamar Medina for kiddush. If one doesn't even have Chamar Medina, one should just say hamotzi and eat the bread, and if he doesn't even have bread one may eat without [[Kiddish]]. <ref> Shulchan Aruch 289:2, Mishna Brurah 289:10. The logic behind not using bread for [[kiddish]] during the day is explained by Mishna Brurah 272:31 that if one were to recite the daytime [[kiddish]] over bread, it would be the same procedure as if he wasn't saying kiddush at all. Therefore, to make it apparent that we are saying [[kiddish]] also, we say a beracha that wouldn't normally be recited, even if that is a [[shehakol]]. As for the definition of chamar medina Mishnah Brurah 272:24 says that even beer is only permitted in a place where it is a common drink. Mishna Brurah 272:25 prohibits the use of milk or oil, and Mishna Brurah 272:30 permits the use of liquor. Rav Avigdor Neventzahl in Biyitzchak Yikare footnote 25 says that according to Rav Shlomo Zalman Auerbach milk is not allowed even in places where it is commonly used like Switzerland. He also says that juice, tea, or coffee maybe permitted but soda is definitely not because it is just like water. Rav Moshe Feinstein in Iggerot Moshe OC 2:75 defines chamar medina as something you would serve to guests who you want to show respect to. Also see [[Shevet Halevi]] 3:26 and 5:32 where Rav Vosner says even where you have wine, chamar medina can be used because in the times of the gemara, wine was far more widespread. Today however, most people do not drink wine so often so other drinks are not inferior to wine for [[kiddish]]. </ref>
# According to Sephardim, one should only use Chamar Medina for [[Shabbat]] lunch if the wine isn't available in the city but if it's just expensive one should use wine and not Chamar Medina. <ref>Yalkut Yosef ([[Shabbat]], vol 1, pg 289) </ref> According to Ashkenazim, if the wine is expensive one may use Chamar Medina for the daytime [[Kiddish]] and one who uses wine is fulfilling a preferred mitzvah. <Ref>Mishna Brurah 272:29 </ref>
# One may not use soda for [[Kiddish]] because soda isn't considered Chamar Medina.<ref>Sh"t Igrot Moshe 2:75 rules that soda is just like water and can not be used for [[Kiddish]].</ref>

==Mistakes in Kiddush of Yom Tov==
# In Kiddush of Yom Tov if someone said Mikadesh Yisrael and didn’t add Ve’hazmanim he didn’t fulfill his obligation.<ref> The Gemara Pesachim 117b has a dispute between the elders of Pumpedita and Rava in tefillah whether you should say Mikadesh Yisrael or Mikadesh Yisrael Vehazmanim on Yom Tov. In Kiddush everyone agrees that you should recite Mikadesh Yisrael Vehazmanim. Magen Avraham 487:1 writes that if in Kiddush someone only say Mikadesh Yisrael he didn’t fulfill his obligation. Kaf Hachaim 487:17 and Zichron Yonah Avodat Halevim 30:1 agree.</ref>
# In Kiddush of Yom Tov if someone said Mikadesh Hashabbat instead of Mikadesh Yisrael Ve’hazmanim he didn’t fulfill his obligation unless he fixed it within toch kdei dibbur.<ref>Regarding Tefillah, Shulchan Aruch 487:1 and Mishna Brurah 487:5 hold that the Shabbat conclusion doesn’t fulfill the obligation of the Yom Tov one. Mishna Brurah holds that it can be fixed within a toch kdei dibbur. Magen Avraham 487:2 implies that the same is true of kiddush. Zichron Yonah 30:2 writes so explicitly.</ref>
# If someone said the Yom Tov Kiddush for the main text of the bracha which mentions Yom Tov in the middle and then concluded with Mikadesh Hashabbat one doesn’t fulfill his obligation.<ref>Regarding Tefillah, the Magen Avraham 487:2 writes that mentioning Yom Tov in the middle is sufficient even with a wrong conclusion but he seems to retract that opinion. Mishna Brurah 487:4 concludes that one doesn’t fulfill one’s obligation. Zichron Yonah 30:2 applies this to Kiddush.</ref>
# If you forgot to say Shehechiyanu you can say it afterwards anytime during the Yom Tov, for Pesach and Sukkot until the end of the 7 days.<ref>Eruvin 40b, Mishna Brurah 473:1, Zichron Yonah 30:4</ref>
# In Kiddush of Yom Tov that fell out on Shabbat includes both Shabbat and Yom Tov. If one only said the kiddush of Shabbat or Yom Tov one doesn’t fulfill one’s obligation.<Ref>Shulchan Aruch 487:1 writes that if one said Shabbat kiddush on Yom Tov one doesn’t fulfill one’s obligation. Zichron Yonah 30:6 writes that if on Shabbat Yom Tov one said either the Shabbat or Yom Tov kiddush separately and not both one didn’t fulfill one’s obligation. Rivevot Efraim 4:117 agrees.</ref>
# If one said the middle of the kiddush correctly and in the conclusion he made a mistake and only mentioned Shabbat according to many poskim one fulfilled one’s obligation. If one said the middle of the kiddush correctly and in the conclusion he made a mistake and only mentioned Yom Tov according to many Ashkenazic poskim one didn’t fulfill one’s obligation but according to Sephardim one did fulfill one’s obligation.<ref>Regarding Tefillah there is a dispute between the Knesset Hagedola who holds that concluding with one of the two conclusions is sufficient and the Pri Chadash who disagrees. Biur Halacha 487:1 makes a compromise and says that if he mentioned Shabbat that is sufficient but if he only mentioned Yom Tov that is insufficient. Kaf Hachaim 487:20 holds that in all cases out of doubt he shouldn’t repeat the bracha. Zichron Yonah 30:7 applies this discussion to Kiddush.</ref>
# If one mentioned Yom Tov in Kiddush but not the specific one there’s a dispute if one fulfilled one’s obligation.<ref>Leket Shichacha Vtaut p. 397 writes that the Bet Yehuda 4 holds that one fulfills one's obligation if one mentioned Yom Tov but just didn't mention which Yom Tov it was, but the Mishna Brurah 427:11 holds that one doesn't fulfill one's obligation. Shemirat Shabbat Khilchata v. 2 p. 110 holds like the Mishna Brurah.</ref>
==Questions and Answers==
# Is it permissible to have [[Kiddish]] before [[Mussaf]]? [[Kiddush#eatingbeforemussaf|click here]]

== Sources ==
{{Reflist|2}}
[[Category:Brachot]]
[[Category:Holidays]]
[[Category:Pesach]]
[[Category:Shabbat]]
[[Category:Sukkot]]

Kiddush

2018-12-13T14:51:35Z

Ezralevy: /* What to use for Kiddush? */

{{Good}}
[[Image:Kiddush Cup.JPG|200px|right]]
Before eating on [[Shabbat]] or [[Yom Tov]], both during the nighttime and daytime, '''Kiddush''' is recited over a cup of wine (preferably). The relevant halachot are detailed below:
==Obligation==
# The mitzvah of Kiddush is a Biblical commandment alluded to in the Ten Commandments. The Torah says, "זכור את יום השבת לקדשו" meaning "remember [[Shabbat]] to sanctify it," and one fulfills it by saying the text of [[Kiddish]] on Friday night. <ref> Rambam Sefer Hamitzvot Aseh 155, [[Chinuch]] 31, Smag Aseh 29, Sefer Hamitzvot of Rav Saadia Gaon Aseh 33 all count the mitzva to sanctify the [[shabbat]] with words based on this pasuk.
* Rambam (Hilchot [[Shabbat]] 29:1) writes that there is a positive biblical commandment to remember [[Shabbat]] based on the pasuk "זכור את יום השבת לקדשו" (Shemot 20:7). In 29:4, he writes that the primary time for the mitzvah is Friday night. Kitzur Shulchan Aruch 77:1 rules like the opinion of the Rambam. [However, it seems that Tosfot (Nazir 4a s.v. My Hee; first opinion) holds that the mitzvah of [[Kiddish]] is Derabbanan and the pasuk of Zachor is only an asmachta]. Tosafot Pesachim 106a “zochrayhu” states two opinions: 1) the cup of wine is diRabanan; 2) the cup of wine is diorayta, but the drinking is dirabanan. </ref> Many authorities consider Kiddush of [[Yom Tov]] to be Derabbanan, yet it shares all the same halachas of Kiddush of [[Shabbat]]. <Ref>Mishna Brurah 271:2, Nitei Gavriel ([[Yom Tov]] vol 2, 29:1)</ref>In addition, Chazal instituted that [[Kiddish]] be made over a cup of wine. <ref> Pesachim 106a states that the [[Kiddish]] is supposed to be said over a cup of wine. Tosfot (s.v. Zochrayhu; first opinion) and Rambam (Hilchot [[Shabbat]] 29:6) write that saying [[Kiddish]] over the cup of wine is Derabbanan. Tosfot's second opinion holds saying [[Kiddish]] over a cup of wine is Deoraittah, but drinking it is Derabbanan. </ref>
# Some authorities hold that the Biblical obligation is discharged with the [[prayer]] in Shul and that the [[Kiddish]] at home is entirely Derabbanan. <ref> Magen Avraham 271:1 writes that since the Rambam and Tosfot hold that the Deorittah part of [[Kiddish]] is that it is stated orally, one should be able to fulfill this obligation with one's [[Maariv]] [[prayer]] in Shul. This is quoted as halacha by the Bear Hetiev 271:2. However, there is a great discussion in the achronim and many argue on the Magen Avraham (Mishna Brurah 271:2 (based on the Tosfet [[Shabbat]] 271:3) argues that since one doesn't have intention to fulfill the obligation of Zachor, the [[prayer]] in shul doesn't fulfill the obligation of [[Kiddish]]). There is a dispute whether a women's lighting [[Shabbat]] candles can fulfill [[Kiddish]] Deoritta, Sh"t Mishneh Halachot 7:37 holding that it can fulfill the Deoritta obligation, while Sh"t Az Nidabru 12:1 strongly disagrees. </ref>
==Amount to Drink==
# The [[Kiddush]] cup itself must contain the volume of at least a reviis of one in order to be valid. The amount of a reviis is open to dispute. According to Rav Chaim Naeh, 3.2 fluid ounces is sufficient. According to Rav Moshe Feinstein, on Friday night one needs 4.42. During the day, Rav Moshe requires only 3.3 fluid ounces. <ref>Haggadat Kol Dodi, Mishna Brurah 183:9, Shaar HaTziyun 183:14</ref>
# In order to fulfill this obligation, one should drink most of a cup that contains at least a [[reviit]]. Some say one should only drink a Melo Lugmav (a cheekful) and some say one should preferably drink a [[Revi'it]].<ref>
* What is the minimum amount of wine one should drink for [[Kiddish]]? Shulchan Aruch 271:13 writes that for kiddush one must drink a Melo Lugmav, which is a cheekful and is the equivalent of the majority of a [[Revi'it]]. Kitzur Shulchan Aruch 77:9 agrees. Kaf HaChaim 271:83 and Or Letzion (vol 2, 20:22) write that it's preferable to drink a complete [[Reviyit]]. On the other hand, Beiur Halacha 174:6 s.v. VeChen writes that since there's a dispute whether the [[Birkat HaMazon]] will exempt the [[Bracha Achrona]] of the wine, one should preferably drink only a Melo Lugmav and not a [[Reviyit]]. Then he ends off by referencing the Shulchan Aruch's ruling in 190:3 and says that one should have intent that the [[Birkat HaMazon]] will exempt the wine before the meal. Yalkut Yosef ([[Shabbat]] vol 1, p 274) simply writes that one must drink a Melo Lugav and doesn't say it's preferable to drink a [[Reviyit]].
* See also Shulchan Aruch 190:3 who writes that because there is a dispute whether one is obligated to make a [[Bracha Achrona]] for a [[Kezayit]] or a [[Reviyit]] of wine, one shouldn't enter into that dispute and for a Kos Shel Bracha, when one needs to drink more than a Melo Lugmav, one's only option is to drink more than a [[Reviyit]]. Kaf HaChaim 271:84 quotes the Pri Megadim who explains that this doesn't apply to Kiddush before a meal since the [[Birkat HaMazon]] exempts the wine from a [[Bracha Achrona]].
* Mishna Brurah 272:30 rules that the obligation to have most of a [[Revi'it]] applies regardless of which drink you use for kiddush. Rav Tzvi [[Pesach]] Frank in Har Tzvi 1:159, however, says that since the Taz (210:1) holds that one would be obligated to say a beracha acharona on less than a [[Revi'it]] of liquor because less than that already is considered to be significant enough for a beracha acharona, the same would apply for how much you need to drink for [[kiddish]]. In regards to [[Bracha Achrona]], Mishna Brurah 190:14 based on the Magen Avraham 190 also writes that there's no difference between wine and other drinks in opposition to the Taz's opinion in that regard as well. </ref>
# For [[Kiddish]], the [[Revi'it]] should be considered to be 4.4oz. <ref>Haggadah Kol Dodi (Rabbi Dovid Feinstein, 5730, pg 4) writes that the [[Revi'it]] for kiddush on [[Shabbat]] (using the method of measuring finger-widths) should be 4.42 oz.</ref>

==Kiddish in Shul==
# In the days of the gemara, the Rabbis instituted saying [[Kiddish]] in shul for the travelers who would eat and drink in the Shul. Nowadays, when guests don't eat their meals in shul, some say that its proper not to say Kiddush in shul, while others uphold this minhag to say Kiddush in shul on Friday night. <ref>The Gemara Pesachim 100b discusses the custom to recite kiddush on Friday night in shul. The Tur 269 writes that saying Kiddush in shul was only established in order to fulfill the obligation of Kiddush for the guests who would eat their meal in shul. He says that nowadays that guests don't eat their meal in shul one shouldn't say Kiddush in shul. The Beit Yosef 269 quotes the Rabbenu Yonah, Ran, and Rashba who defend this practice of saying Kiddush in shul even if guests don't even their meal in shul. Additionally, the Rambam (Sh"t Harambam 37) writes that this minhag shouldn't be discontinued because all establishments that the rabbis made must remain even if the reason no longer applies. Rashba responsa 1:37 and Maharam Chalavah Pesachim 101a agree. Nonetheless, the Bet Yosef writes that the more proper minhag is not to say Kiddush in Shul. Shulchan Aruch 269:1 rules that some have this practice to say Kiddush in shul, but its better not to. Mishna Brurah 269:5 writes that the common minhag is to say Kiddush in shul and one shouldn't uproot it. Yalkut Yosef 269:2 writes that if there are some in shul who will not say Kiddush at their homes at all, it is not just justified but even encouraged to say Kiddush in shul, but otherwise a shul who doesn't yet have that and doesn't yet have an established minhag, shouldn't say the kiddush in shul. He continues that whatever shul already has the minhag to say it, they should not be stopped because this minhag has its basis.
* Sh"t Yachin Uboaz 118 writes that that the Rashbetz wouldn't answer [[amen]] to the kiddush in shul because of the safek beracha livatala.</ref>
# This minhag applies to [[Shabbat]] and [[Yom Tov]] except for the first day of [[Yom Tov]] of [[Pesach]] (and second in Chutz LaAretz). <ref>Mishna Brurah 269:5, BeYitchak Yikare adds second day in chutz la'aretz </ref>
# The one making [[Kiddish]] in shul shouldn't drink from the wine but rather give it to children to drink. Some say that the children should be below the age of [[chinuch]] (6 or 7) while others say that it's better to give it a child above that age. If it is not possible to find a child to drink the wine, an adult should drink it but should make sure to drink a [[Reviyit]] or more, say a [[Bracha Achrona]], and have intent to fulfill the mitzvah of [[kiddish]]. <Ref>Shulchan Aruch 269, Mishna Brurah 269:1, Yalkut Yosef 269:2. The Magen Avraham 269:1 explains that it is permitted to have the child drink the kiddush wine even though his meal isn't there and it is like eating before kiddush. He explains it is permitted for a child to eat before kiddush for several reasons: 1) Since eating before kiddush is a prohibition implied from a mitzvah it isn't an issue of feeding something forbidden to children. (Yalkut Mefarshim on Ran Yoma 3a agrees.) 2) Since the prohibition is only related to time and not intrinsic to the food it is permitted to feed to children. (Meor Yisrael Ymoa 78b agrees.) 3) According to the Geonim it is permitted to just have the cup of kiddush without the meal there and for children that is sufficient to rely upon. 4) According to the Rashba and Ran it is permitted to feed a child a rabbinic prohibition. </ref>
# The minhag is to stand for [[kiddish]] in shul. <ref> Rama 269:1 </ref>

==Kiddish at night==
# On Friday night, one should hurry home after shul to bring in the [[Shabbat]] and not taryy in conversation at shul. <ref> Yalkut Yosef [[Shabbat]] 1 271:1 </ref>
# Kiddush at night is considered greater than the Kiddush of the day.<ref> The Ran on Gemarah Pesachim 106a says that the [[Kiddish]] of the night is Deoritta while that of the day is Derabbanan. </ref> Therefore, if one has two bottles of wine the better bottle should be used for Kiddush at night. (However, the day is considered greater in general and should have the better selection by everything else). <ref> Gemarah Pesachim (105a)</ref>
# The text of [[Kiddish]] includes Yom HaShishi, which are pesukim describing [[Shabbat]], and two [[Brachot]], Borei Peri HaGafen, and Mekadesh Ha[[Shabbat]]. <ref> Rambam (Hilchot [[Shabbat]] 29:7) writes that the order of [[Kiddish]] is Vayichulu (which are pesukim said based on Minhag), the Borei Pri Hagefen and then Mikdash Ha[[Shabbat]] (the text of which can be found in Rambam 29:2). </ref>
# When reciting [[Kiddush]] on Friday night, we say the words "ויהי ערב ויהי בקר" - "Vayihi erev vayihi boker" quietly before saying "יום הששי" Yom Hashishi. While we generally avoid reciting Pesukim in ways which differ from their presentation in the Torah<ref>Tanit 27b, [[Megillah]] 22a. "כל פסוקא דלא פסקיה משה אנן לא פסקינן".</ref>, nonetheless we only say the second part, and don't say the first part of the Pasuk quietly because Chazal understand the words "טוב מאד" as a reference to death. However, there is debate whether one is allowed to say only part of a Pasuk so some are careful to add the rest of the Pasuk ''Vayar Elokim Et Kol Asher Asa Vehini Tov Meod, Veyihi Erev Vayihi Boker Yom Hashishi''.<ref>Rama 271:10, Levush 271:10, Aruch HaShulchan 271:25, Chatom Sofer OC 10. Chatom Sofer OC 1:51 explains the minhag is based on the fact that we want to mention yom hashishi before vayichulu hashamayim since there’s an acrostic of Hashem’s name of the first letter of each of those four words. But since we don’t want to mention only two words from a pasuk since it is meaningless we include a whole phrase. However, we don’t want to say the whole pasuk since the midrash says that there’s a reference to death in the beginning of the pasuk. [http://www.havabooks.co.il/sms.asp?cat=6 Rav Aviner] Nefesh Harav (p. 159) quotes Rav Soloveitchik as having the practice to say the beginning part of the pasuk quietly to himself. He also cites this as the practice of the Steipler (Orchot Rabbenu v. 1 p. 109).</ref>

==Kiddish of the day==
# The text of [[Kiddish]] during the day is just Borei Pri Hagefen. <ref> The Gemara Pesachim 106a states that the primary [[Kiddish]] is at night, but there's also a [[Kiddish]] of the day. Even though it seems to be Deorittah as the gemara learns it from a pasuk, the Rishonim agree that the pasuk is only an asmachta (Ravad and Magid Mishna (Hilchot [[Shabbat]] 29:10), quoted by Bear Heitiv 289:2) and the obligation of [[Kiddish]] during the day is only Rabbinic. The gemara concludes that the text of such a [[Kiddish]] is just Borei Pri [[HaGefen]]. Rambam (Hilchot [[Shabbat]] 29:10) and Shulchan Aruch 289:1 rule this as halacha. </ref> However, many have the minhag to say Pesukim before saying the Bracha. Some say two paragraphs<ref> Siddur </ref>, "Veshamaroo" and "Zachor" and others have the minhag to add another paragraph before these starting with "Im tashiv Mishabbos Raglecha" which are the Pesukim in Yeshaya which inlude the Pasuk from which the obligation of making Kiddush is derived. Many skip to the last sentence of "Zachor" starting with "Al cen berach" before saying the bracha on the wine.
# It's forbidden to taste anything before [[Kiddish]]. <ref> Rambam (Hilchot [[Shabbat]] 29:10) and Shulchan Aruch 289:1 rule that since there's an obligation to make [[Kiddish]] it's forbidden to eat anything before [[Kiddish]] just like the [[Kiddish]] of Friday night. </ref>
# If one is thirsty it is permissible to drink water before [[Shacharit]] on [[Shabbat]] day since the obligation of [[Kiddish]] doesn't apply until one prayed. <ref> Tur writes in the name of his father, the Rosh, and Shulchan Aruch 289:1 </ref>
# Someone who is sick and needs to eat before davening on Shabbat, according to Ashkenazim should recite Kiddush beforehand unless one doesn't eat a kezayit of mezonot within a kdei achilat pras,<ref>Mishna Brurah (Biur Halacha 289:1 s.v. chovat) and Igrot Moshe OC 2:26:2 write that someone who is sick and needs to eat before davening on Shabbat should make kiddush unless he doesn't need to eat pat haba bekisnin. Piskei Teshuvot 289:8 note 63 writes that the best option is for the sick person not to have a kezayit of pat haba bekisnin within a kedi achilat pras which wouldn't obligate kiddush.</ref> while according to Sephardim it isn't necessary.<Ref>Yabia Omer OC 8:31 and Or Letzion 2:20:14 write that someone who is sick and needs to eat before davening on Shabbat does not need to make kiddush. See also Kaf Hachaim 276:28 who is lenient in extenuating circumstances. See Chazon Ovadia (Shabbat v. 2 p. 149) where Rav Ovadia recommends that a sick person who needs to eat bread or pat haba bekisnin before davening should recite kiddush.</ref>

==Pouring Off==
# A person shouldn’t pour off to the other cups between the kiddush and drinking. If he is sick and worried about others drinking from his cup he can pour off but should make sure to leave a reviyit in the cup when he drinks.<ref>
* Piskei Teshuvot 271:32 quotes the Mishnat Yosef 4:35 who says that initially one shouldn't pour off before drinking because one should drink from a cup with a reviyit and also so that it shouldn't look like a disgrace to the mitzvah (bizuy mitzvah, see Mishna Brurah 296:4 and Eliya Rabba 271:23). However, if he’s sick he can pour off some and then drink from the cup which still has a reviyit. [https://www.yutorah.org/sidebar/lecture.cfm/898548/rabbi-hershel-schachter/berachos-92-47a-kiddusha-rabba-ii-bracha-al-hakos-ad-sheyitom-hamevarech-answering-amen/ Rav Hershel Schachter (Brachot Shiur 92 min 44)] agreed that one shouldn’t pour off so much that there’s not a reviyit left before you drink. He holds like the Magen Avraham as will be explained.
* Should the cup one drinks from have a reviyit? Tosfot Pesachim 105b s.v. shema writes that one must drink from a cup that has a reviyit and not pour off some of the cup into another cup and drink. Agudah Pesachim 10:84 and Ritva Pesachim 105b s.v. shema agree. Magen Avraham 271:24 rules like Tosfot. Mishna Brurah 271:51 agrees. Shulchan Aruch 271:11 seems not to hold like Tosfot but see Eliya Rabba 271:23 who defends Shulchan Aruch but also accepts Tosfot. Korban Netanel Pesachim 10:200 writes that in fact the Rosh, Rabbenu Yerucham, and Shulchan Aruch disagree with Tosfot and you don’t have to drink from a cup with a reviyit. Netiv Chaim 271:11 agrees. Rabbi Akiva Eiger Pesachim 105b discusses whether the proof of the Korban Netanel is conclusive.</ref>
# The one reciting kiddush doesn't have to pour off into their cups unless their cups are invalid for kiddush as they drank from them already. In such a case the one reciting kiddush can pour off from his cup into the others so that they are considered valid for kiddush.<ref>Tosfot Pesachim 106a s.v. gachin, Tosfot Brachot 47a s.v. ein, Rosh Pesachim 10:16, Rosh Brachot 7:15, Shulchan Aruch OC 271:17</ref>
==Listening to Kiddush==
# Those who are listening to the kiddush shouldn't drink until the making the kiddush drinks.<ref>Gemara Brachot 47a</ref> However, if they each have their own cup they may drink without waiting.<ref>Yerushalmi Brachot 6:1, Tosfot Brachot 47a s.v. ein, Tosfot Pesachim 106a s.v. gachin, Rashba Brachot 47a s.v. amar, Maharam Chalavah Pesachim 106a s.v. chazyey, Shulchan Aruch 271:16</ref>
# Those listening don't need to drink a melo lugmav and any amount is sufficient.<ref>The Levush 271:14 writes that those listening should drink a melo lugmav. However, the Maggid Mishna Shabbat 29:7 writes that those listening only need to drink a bit and not melo lugmav. The Taz 271:17, Eliya Rabba 271:29, and Mishna Brurah 271:71 follow the Maggid Mishna.</ref>
# Those listening to kiddush don't have to drink to fulfill their obligation but it is a mitzvah for them to drink.<ref>
Eruvin 40b and Pesachim 108b imply that only the one drinking needs to drink and no one else but Pesachim 106a and perhaps 108b imply that everyone listening should drink. The Rosh Pesachim 10:16 writes that although each person listening to kiddush doesn't need to drink wine to fulfill his obligation, there is nonetheless an added mitzvah to do so. Maharam Chalavah Pesachim 101a holds those listening don't need to drink. Tosfot Pesachim 99b s.v. lo originally assumes that those listening to the kiddush don't need to drink but afterwards questions that assumption. The Rambam Shabbat 29:7 implies that there is an obligation for everyone to drink. Maggid Mishna 29:7 just adds that those listening don't need to drink a melo lugmav. Shulchan Aruch OC 271:14 rules like the Rosh that as long as the one reciting kiddush drinks that is sufficient for everyone to fulfill their obligation but it is a mitzvah for them to drink. Mishna Brurah 271:83 agrees.</ref> They don't need their own cup and may drink from the cup of kiddush.<ref>Shulchan Aruch 271:14</ref> It isn't considered invalid for kiddush after the one reciting the kiddush drank and then they drink.<ref>Shaar Hatziyun 271:89 explains that even though if those listening had their own cup they should ensure that the cup should be valid for kiddush and not drunk from beforehand, however, if they are drinking from the kiddush cup after the one who recited kiddush drank it isn't considered invalid as their drinking is considered part of the original drinking of the one who recited kiddush.</ref>
# If those listening want to have their own cup to fulfill this added mitzvah to drink wine after kiddush they may do so. If they do so they should have a cup that is valid for kiddush and we view it as though they are all reciting their own kiddush over their cup of wine.<ref>Rosh Pesachim 10:16 writes that the wine in each person's cup has to be fixed and not drunk from beforehand in order for them to use it for drinking at kiddush even though they aren't reciting the kiddush. He explains that since they are listening to kiddush and going to drink wine from their own cup it is considered as though they are reciting their own kiddush over their own cup. If so that cup should be valid for kiddush. Tosfot Pesachim 106a s.v. hava, Tosfot Brachot 47a s.v. ein, Rashba Brachot 47a s.v. amar, Tur 182:4, and Ohel Moed 6:6 cited by Bet Yosef 182:2 agree. The Shulchan Aruch OC 271:17 accepts the Rosh.
* The Tiferet Shmuel on Rosh Pesachim 10:15:10 seems to have another understanding of the Rosh in which he assumes that those who are listening to the kiddush and have their own cups don't need their cups to be valid for kiddush and may be drunk from beforehand (like the Raah). However, the Divrei Chamudot Pesachim 10:15:36 understood the Rosh as above.</ref> Some disagree.<ref>The Raah cited by Bet Yosef 182:4 writes that those listening don't have to have valid cups for kiddush. The Shulchan Aruch 182:4 cites that opinion as a minority view.</ref>
# Some say that for kiddush by day those listening to kiddush must drink from the kiddush cup.<ref>
[https://www.yutorah.org/sidebar/lecture.cfm/856129/rabbi-hershel-schachter/inyonei-sefiras-haomer-nowadays-women-before-kiddush-beit-din-bein-hashmashos-shomea-keoneh/ Rav Schachter Inyonei Sefirat Haomer 5776 towards the very end] quoted the Torah Temimah, Netsiv, and Rav Velve Soloveitchik that one doesn’t fulfill one’s obligation if one doesn’t drink wine at the kiddush of the day specifically since it really is only a birchat hanehenin and not a bracha of a mitzvah. However, in [https://www.yutorah.org/sidebar/lecture.cfm/898548/rabbi-hershel-schachter/berachos-92-47a-kiddusha-rabba-ii-bracha-al-hakos-ad-sheyitom-hamevarech-answering-amen/ Brachot Shiur 92 (min 23)] he quoted that Rav Chaim was upset with this chiddush of the Netsiv and not everyone has to drink at the daytime kiddush. Teshuvot Vehanhagot 3:243 cites this dispute between the Brisker Rav and Rav Chaim.</ref>

==Eating before Mussaf==
# <div id="eatingbeforemussaf"></div> Once the time for [[Mussaf]] (from [[Olot HaShachar]]) it’s forbidden to eat a meal (more than a [[KeBaytzah]] of bread) before praying [[Mussaf]], however, it’s permissible to have a [[KeBaytzah]] of bread or a lot of fruit. <Ref>The Gemara [[Brachot]] 28b writes that the halacha doesn’t follow Rav Huna who says that it’s forbidden to taste any food before praying [[Mussaf]]. The Tur 286:3 writes that even though we don’t hold like Rav Huna we only permit have a snack but a meal is forbidden. The Bet Yosef quotes the Raavad, Rashba, and perhaps the Rabbenu Yerucham who agree. S”A 286:3 writes that it’s forbidden to eat a meal before praying [[Mussaf]] but it’s permissible to have a snack. The Magen Avraham 286:2 writes that the snack is the same as before [[Mincha]] where S”A 232:3 writes that one may have a [[KeBaytzah]] of bread and a lot of fruit but not more. Kitzur Shulchan Aruch 77:15 agrees. See Rav Mordechai Eliyahu's comment on Kitzur Shulchan Aruch 77:15 where he writes that we only rely on this in situations of pressing need.</ref>
# The custom is to be lenient to permit eating even more than a Kabaytzah of baked [[Mezonot]] (cakes and cookies) before [[Mussaf]] after having made [[Kiddish]]. <Ref>Shaar HaTziyun 286:7 writes that the measure for a meal before [[mussaf]] in regards to baked [[mezonot]] is the same as by [[Sukkah]]. Mishna Brurah 639:15-6 (regarding [[Sukkah]]) quotes some who say that if one establishes a meal out of the [[Pas HaBah Bekisnin]] certainly it requires a [[Sukkah]]. However, if one didn’t have it as a meal if one had more than a [[KeBaytzah]] then there’s a dispute whether one needs a [[Sukkah]] and if one eats less than a [[KeBaytzah]] then certainly it doesn’t require a [[Sukkah]]. Nonetheless, Halichot Shlomo ([[Tefillah]] 14:9, pg 179-80) writes that the minhag is to lenient to have even more than a Kabaytzah of baked [[mezonot]]. </ref>
# If one does eat before [[Mussaf]] one must first do [[Kiddish]] and have a [[Revi'it]] of wine or eat a [[Kezayit]] of baked [[mezonot]] (cakes and cookies) in order to fulfill [[Kiddish]]. <Ref>Magen Avraham 286:1, Beiur Halacha 286:3 s.v. Achilat, Mishna Brurah 286:7, Shemirat [[Shabbat]] KeHilchata 52:17</ref>

==The Cup for Kiddish==
# Some authorities say that one may not use a plastic or paper cup for [[Kiddish]], however, many authorities permit but agree that it's preferable to use a real cup. <ref> Sh"t Igrot Moshe O"C 3:39 forbids using a plastic or paper cup as they aren't considered a nice cup and it's worse off than a broken cup (which is forbidden by Shulchan Aruch 183:3. Mishna Brurah 183:11 says that even if it is just the base that is cracked one should still be strict.) The Radiance of [[Shabbos]] (page 44) points out that this doesn't depend on the quality of the plastic at all. [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 min 25-30)] agrees with Rav Moshe.
* However, Sh"t Tzitz Eliezer 12:23 differentiates between a cup that would be used for hot liquids and could be reused and one that's ruined after it's first use. Even if one personally doesn't reuse it, it is still considered a kli. This is true for kiddush, [[havdala]], and [[netilat yadayim]]. Sh"t Beer Moshe 5:55 on the other hand, only allows cup that are commonly reused and therefore only permits plastic cups and not paper cups, or small shot glasses because those are rarely reused.
* Sh"t Az Nidabru 6:49 is the most lenient allowing any disposal cup, however, it's still preferable to use a better cup as a hidur mitzvah. Shevut Yitzchak (vol 1, 4:5, pg 48) in name of Rav Elyashiv and Chazon Ovadyah ([[Shabbat]] vol 2 p. 56) concur with the lenient opinion. See further: [http://www.yutorah.org/lectures/lecture.cfm/727120/Rabbi_Aryeh_Lebowitz/kiddush_with_disposable_cups Rabbi Aryeh Lebowitz on yutorah.org]. Although many poskim, say that using two plastic cups doesn't help at all, see [http://www.yeshiva.org.il/ask/?id=62394 Rav Dov Lior] for the explanation of that practice, though he writes that he doesn't necessarily think that it helps the issue. </ref> After the fact one fulfilled one's obligation even if one holds one shouldn't use a disposable cup.<ref> Mishna Brurah 183:10 writes that the entire concept of having a cup for kiddush that is complete is important initially but after the fact isn't critical and one fulfills one's obligation. Therefore, [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 min 25-30)] explained that Rav Moshe who invalidated a disposable cup for kiddush because it is like it is already broken would agree that after the fact one fulfilled one's obligation.
* Rashba 51a s.v. ha writes that if a person doesn’t have one of the four major rules of a kos shel bracha a person doesn’t fulfill their obligation, the others are enhancements initially. Meiri 51a s.v. asara quote some who said that they are all only critical initially. Mishna Brurah 183:10 implies that we follow the Meiri. Maaseh Rav n. 86 follows the Rashba that it would prevent fulfilling one's obligation.</ref>
# The cup of [[Kiddish]] should be rinsed out before being used if it isn't already clean. <ref> The Gemara Brachot 51a establishes that the kos shel bracha should be cleaned on the inside and outside before it is used. Shulchan Aruch OC 183:1 codifies this gemara but adds that it is only necessary if the cup is dirty but if it is clean it doesn't need to be cleaned out. Chaye Adam ([[Shabbat]] 6:13) agrees. Mishna Brurah 183:3 writes that it is proper to clean it out unless it is completely clean. </ref> According to Kabbalah one should still clean out the cup in the inside and outside even if it is clean.<ref>Kaf Hachaim 183:4</ref>
# Some say it is a nice practice to surround the kiddush cup with six small cups of wine. The minhag isn't concerned for this opinion.<ref>Gra in Maaseh Rav n. 174 states that it is nice to have six small cups surrounding the main kiddush cup. His reason is that this is the practice of Itur of the Gemara Brachot 51a and even though the gemara says we don't have that practice the gemara only meant that it isn't critical but it is still a nice practice. Kaf Hachaim 183:3 writes that it isn't our practice since we try to follow the other explanation of Itur is having talmidei chachamim around the table, which isn't always possible but when it is that's the main method to add significance to the kiddush. </ref>
# The kiddush cup should be full.<ref>Gemara Brachot 51a, Shulchan Aruch OC 183:2</ref> If a person is afraid of spilling it is sufficient that it is almost full such as leaving it a quarter of an inch below the top.<ref>Taz 183:4 writes that the practice of not filling up the cup to the very top is because of a concern that it will spill and make a mess. Kaf Hachaim 183:13 adds to the Taz that it isn't considered not full if it is almost full. Similarly, Rabbenu Yonah 37b s.v. al writes that even if the cup isn't completely full it is considered full for a kos shel bracha. [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 beginning)] quoting Rav Shlomo Zalman Auerbach</ref>

==Eating before Kiddish==
# Kiddush has to be made before eating/drinking because the Pasuk says "VeKarasa LiShabbos Oneg" <ref> Isiah </ref> "And you shall call to the [[Shabbos]] a delight", which the Rabbanan learn to mean that there has to be a "calling" to the [[Shabbos]], meaning saying Kiddush, prior to it being "a delight", refering to eating/drinking. <ref> Tosfot and Rosh Pesachim 110a</ref>
# It's Rabbinically <ref> Mishna Brurah 271:11 writes that the prohibition is only Rabbinic. </ref> forbidden to eat anything even water <ref> [[Maggid]] Mishna (Hilchot [[Shabbat]] 29:5) explains that the Rambam holds drinking water before [[Kiddish]] is permitted, while the Rashba (Sh"t 3:264) forbids it. Hagahot Maimon 29:5 in name of Maharam as well as the Tur 271:4 also forbid. Bet Yosef says that the Rambam is unclear and may hold that even water is forbidden. Shulchan Aruch 271:4 rules that even water is forbidden. </ref> before making [[Kiddish]] once the time for [[Kiddish]] has come. <ref> Pesachim 106b records a dispute whether one who tasted food before [[Kiddish]] can still make [[Kiddish]]. Bet Yosef 271:4 implies from there that Lechatchila, it's forbidden to eat or drink before [[Kiddish]]. Rambam (Hilchot [[Shabbat]] 29:5), Tur and Shulchan Aruch 271:4 all rule that it's forbidden to eat before making [[Kiddish]]. </ref> This applies to the nighttime and daytime Kiddush.<ref>Kitzur Shulchan Aruch 77:13</ref>
# If one takes [[Shabbat]] upon oneself early, it's forbidden to eat before making [[Kiddish]]. <ref> Magen Avraham in name of the Bach writes that it's forbidden to eat before making [[Kiddish]] if one accepted [[Shabbat]] early. </ref> Therefore, one can accept [[Shabbat]] early, make [[Kiddish]], and eat even before praying [[Arvit]] as long as it's not within a half hour of the time to say [[Arvit]]. <ref> Magen Avraham 271:5 writes that one is allowed to accept [[Shabbat]] early, and then make [[Kiddish]] to permit eating, all before praying [[Arvit]]. Beir Heitev 271:4 quotes this as halacha. Kitzur Shulchan Aruch 77:4 and Mishna Brurah 271:11 limit the permit to eat to when one is more than a half hour before nightfall as is the halacha everyday of not eating before [[Arvit]]. </ref>
# If one doesn't pray or take [[Shabbat]] upon oneself early The time that the prohibition begins from [[Bein HaShemashot]]. <ref> Magen Avraham 271, Mishna Brurah 271:11 and Ben Ish Chai Beresheet 17 write that the prohibition begins at [[Bein HaShemashot]]. </ref>
# Rinsing out one's mouth is permitted since one doesn't intend to get benefit from the water. <ref> Magen Avraham 271:5 writes that rinsing out one's mouth is permitted as it isn't called drinking. Bear Hetiev 271:4 and Mishna Brurah agree. However, Ben Ish Chai Beresheet 17 is more stringent and only permits if one was fasting and only during [[Bein HaShemashot]]. </ref>

== Timing==
#Ideally, one should say Kiddush as soon as one gets home from Shul on Friday night.<ref> Pesachim 106a learns that the primary way to do [[Kiddish]], a remembrance of [[Shabbat]] is with wine on Friday night because that's the beginning of the day (in the Jewish calendar). Shulchan Aruch, O”C 271:1 </ref>
#One can say [[Kiddish]] before nightfall if one accepts upon oneself [[Shabbat]] early. <ref> Magen Avraham writes that [[Kiddish]] can be made during the day if one accepts upon oneself [[Shabbat]] early. Many achronim including Kitzur Shulchan Aruch 77:2 and Mishna Brurah 271:11 concur. </ref>
#If one missed Kiddush on Friday night, it can and should be made up at any point during [[Shabbat]] day, which means that one would recite the longer Friday-night version of Kiddush on [[Shabbat]] day. <ref> The Gemara Pesachim 105a rules that if one missed saying [[Kiddish]] on Friday night one can make it up through the rest of [[Shabbat]]. Rambam (Hilchot [[Shabbat]] 29:4), Tur and Shulchan Aruch 271:8 rule like the gemara pesachim. This is agree upon by the achronim including Aruch HaShulchan 271:21, Ben Ish Hai (Bereshit 19), and Hacham Ovadia Yosef, in Halichot Olam. Aruch HaShulchan and Ben Ish Chai write that even if the person ate intentionally one should still make [[Kiddish]] the next day. Additionally, achronim including the Chaye Adam ([[Shabbat]] 6:2), Aruch HaShulchan 271:21, and Ben Ish Chai (Beresheet 19) hold that we don't say Vayichulu if the [[Kiddish]] is said during the day since Vayichulu was instituted for the incoming of [[Shabbat]]. [This finds it's source in the Magid Mishna (Hilchot [[Shabbat]] 29:4).] </ref>
# If one forgot to say [[Kiddish]] on Friday night and only remembered during [[Bein HaShemashot]] of Saturday, one should say [[Kiddish]] then with [[Shem UMalchut]], however, according to Ashkenazim as long as one davened any of the [[Shabbat]] [[prayers]], if one needs to make Kiddush during [[Bein HaShemashot]] it should be done without Shem Umalchut. <ref> Ben Ish Chai Beresheet 19 writes that one could argue that according to the Magen Avraham, once one prayed on [[Shabbat]] the obligation of [[Kiddish]] is only Derabbanan and whenever there is a doubt about a Derabbanan obligation one may be lenient (Safek Derabbanan Lekula). If this was the case, one should say that if it is [[Bein HaShemashot]] one no longer needs to say Kiddush. However, the Ben Ish Chai rejects such an argument because some commentators limit the Magen Avraham to a case where one doesn't have wine or one specifically had Kavana in [[davening]] to fulfill one's obligation. Therefore, the Ben Ish Chai rules that one can still make [[Kiddish]] during [[Bein HaShemashot]] with a Bracha because of the rule Safek Deorittah LeChumra just like if there's a doubt concerning [[Birkat HaMazon]]. Halichot Olam (vol 3, pg 25-7) agrees. However, the Mishna Brurah 271:39 (Shaar Hatziyun 47) rules that if one did say Tefillot [[Shabbat]] and it's [[Bein HaShemashot]], one should make the bracha without [[Shem UMalchut]]. See [http://www.dailyhalacha.com/Display.asp?ClipID=1866 Rabbi Mansour on Dailyhalacha.com]. </ref>

==Washing before or after Kiddish==
# One should make [[Kiddish]] before washing for bread. However, Bedieved, if one did wash with a bracha before making [[Kiddish]], according to Sephardim, one should make [[Kiddish]] on bread and not on wine. <ref>
* Tur 271:12 quotes Rav Amram Goan (Siddur vol 2, [[Siman 17]]) who wrote that one should make [[Kiddish]] on wine and then wash for bread, however, if one washed first one should make [[Kiddish]] on bread in accordance with Rav Bruna in Pesachim 106b. Rambam (Hilchot [[Shabbat]] 29:9-10) and the Ran in explaining the Rif (22a) concur. The Maharam MeRotenburg's (quoted by the Tur 271:12) practice was to make Kiddush before washing. Shulchan Aruch 271:12 rules that one should make Kiddush and then wash, however, if one washed first one should make Kiddush on the bread.
* Kaf HaChaim 271:76 adds that the Arizal (Shaar Kavanot 71c) agrees because the order should be kept as [[Kiddish]] being the completion of [[prayer]] and washing as the start of the meal. Gra 271:12, Maamer Mordechai 271:16, and Yalkut Yosef ([[Shabbat]] vol 1 pg 273) concur with Shulchan Aruch. Therefore, Sephardim shouldn't change from the ruling of Shulchan Aruch even Bedieved. However, the Kaf HaChaim 271:77 argues that Bedieved one should say [[Kiddish]] on wine because one has what to rely on. </ref> According to Ashkenazim, Bedieved one can make still make the [[Kiddish]] on wine and then have the bread. <ref> However, the Rashbam (Pesachim 106b), and Baal HaMoar (Pesachim 21b s.v. Amar Rav Bruna) explain the gemara differently than the Ran and say that lechatchila one should make [[Kiddish]] first, however if one doesn't one can still make [[Kiddish]] on wine. Rabbenu Tam (Pesachim 106b s.v. Mekadesh) and the Ri (Pesachim 106b s.v. Zimnin) hold that even Lechatchila one should wash before making [[Kiddish]] on wine. Hagahot Maimon 29:100, Sh"t Rashba 1:752, Rokeach (115), and Mordechai (Pesachim 106b; pg 37c) side with Rabbenu Tam and Ri. Such was the minhag of the Rosh (quoted by Tur 271:12) and the minhag of Ashkenaz as writes the Rama 271:12. The Taz 271:14 and Chaye Adam ([[Shabbat]] 6:12) rule that the Rama is only bedieved. Therefore, Mishna Brurah 271:62 writes that since many achronim side with Shulchan Aruch and one satisfies all opinions one should make [[Kiddish]] first, however Bedieved one can rely on the Rama to make [[Kiddish]] on wine if one did in fact wash first. Kaf HaChaim 271:77 adds in the name of the Bach that if one didn't make the bracha on [[Netilat yadayim]] one should make [[Kiddish]] on wine and then rewash so that one doesn't loose the [[Kiddish]] over wine. </ref>
# Nonetheless, some Ashkenazim have the Minhag (specifically German Jews) to specifically wash before making [[Kiddish]] over wine and they have what to rely on. <ref> See previous note. Rama 271:12 writes that such was the minhag of Ashkenaz to wash before [[Kiddish]]. The Bet Yosef 271:12 comments that he saw some Sephardim who had such a practice but sternly disagreed based on the Rif and Rambam. </ref>
# There is no difference concerning the order between the one making the [[Kiddish]] and other members of the family. <ref> Magen Avraham 271:26 in name of Hagahot Mordechai (it seems that he means Mordechai pg 37b), Bach 271:11 (s.v. VeleInyan) distinguish between the one making [[Kiddish]] and the other members of the family for whom [[Kiddish]] won't be an interruption. Kaf HaChaim 271:79 argues that there's no difference between the one making [[Kiddish]] and the other family members. </ref>
# If one's minhag is to wash first, it's forbidden to dilute the wine between the washing and [[Kiddish]] as that would be an interruption between washing and the meal. Some say one also shouldn't pour the wine from the bottle between washing and the meal as it constitutes an interruption. <ref> Magen Avraham 271:27 writes that even according to Rabbenu Tam (Pesachim 106 s.v. Mekadesh) that Lechatchila one can wash before [[Kiddish]], explains that Bet Hillel ([[Brachot]]) says to make [[Kiddish]] first in the case where one has to dilute the wine becasue diluting wine takes precision and is definitely an interruption. Magen Avraham adds that according to the stringent opinion in Shulchan Aruch 166:1 (which is the Tur based on the Yerushalmi) one should be strict not to make any interruption. The Magen Avraham is brought as halacha by the Tosfet [[Shabbat]] 271:34 and Kaf HaChaim 271:78. </ref>
# If by accident one washed one's hands for bread before [[Kiddish]], according to Sephardim one should make [[Kiddish]] on bread <ref>Shulchan Aruch 271:12 </ref> unless one person of the group hasn't yet washed and can perform [[Kiddish]] over wine for everyone else (by saying it aloud while they listen)<ref>Menuchat Ahava (vol 1 pg 143) [http://www.dailyhalacha.com/Display.asp?PageIndex=9&ClipID=960 see dailyhalacha] </ref> and according to Ashkenazim one should make [[Kiddish]] on wine. <ref>Mishna Brurah 271:62 </ref>

==Eating in the place one made Kiddish (Kiddush Bimakom Seuda)==
# In the place where one made [[Kiddish]] one should make sure to have a meal there.<ref>Shmuel in Gemara Pesachim 101a says that one should only say Kiddush in the place where one is going to have a meal. The Rosh (Pesachim 10:5) says that this is based on the pasuk "VeKarata LeShabbat Oneg" which Chazal explain with "Kriyah" as a reference to Kiddush and "Oneg" to the meal and so the pasuk means, in the place of Oneg one should have Kriyah. Shulchan Aruch 273:4 and Kitzur Shulchan Aruch 77:14 codify this as the halacha.</ref> This applies both for the nighttime and daytime Kiddush.<ref>Kitzur Shulchan Aruch 77:14</ref>
# One should begin to eat something immediately after [[Kiddish]]. After the fact, as long as one had intent to eat immediately one doesn't need to make [[Kiddish]] again even if one made a long interruption and had a Hesech HaDaat (interruption of thought). However, if one didn't have intent to eat right away and then made an interruption of 72 minutes a new Kiddush is needed. <ref> Preferably, Rama 273:3 writes that one should make one's meal immediately after [[Kiddish]]. Mishna Brurah 273:12 explains that preferably, one should eat one's meal right after [[Kiddish]] without waiting. However, Bedieved, Mishna Brurah 273:12 and Piskei Teshuvot 273:3 based on Aruch HaShulchan 263:1 write that one shouldn't make a new [[Kiddish]] even if one had a long break or made a change in place and returned to the place of the [[Kiddish]]. On the other hand, if one didn't have in mind to eat immediately and then made an interruption, Mishna Brurah 273:14 writes that a new Kiddush is needed. Halichot Olam (vol 3, pg 3) defines this interruption as 72 minutes. </ref>
## Even though Kiddush should be recited immediately prior to the meal, if there is a halachic need related to the meal to delay it, it is permitted. For example, the Kiddush at the seder on Pesach is made much in advance of the meal but it is acceptable since the Maggid is a necessary prerequisite to the meal.<Ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=15 (Kol Sinai Tevet 5724 p. 15)] writes that Maggid doesn't make the Kiddush before the meal not adjacent to the meal because the Maggid is necessary for the meal as we need to speak about the Matzah (Lechem Shonim Alav Devarim Harbeh). Halichot Shlomo of Rav Shlomo Zalman Auerbach (Moadim v. 2 p. 248 9:14) agrees and explains that the Maggid is intrinsically part of the meal and such was the establishment of chazal. See Rav Chaim Palagi Haggadah regarding how Maggid is an extension of Kiddush (like the Rif cited by Avudraham why there's no bracha on Maggid since Kiddush already fulfills the mitzvah of Maggid).</ref>
# In order to have [[Kiddish]] in the place where one eats and that the [[Kiddish]] is considered a proper [[Kiddish]], one must eat at least a [[Kezayit]] of [[mezonot]], bread, or a reviyit of wine. <ref> Shulchan Aruch 273:5 writes in name of the Geonim that one can fulfill the obligation to eat in the place of where one makes [[Kiddish]] by eating bread or wine. Magen Avraham 273:10 and Mishna Brurah 273:21 rule that a [[Kezayit]] is needed to fulfill this obligation. Mishna Brurah 273:25 comments that certainly [[mezonot]] fulfills the obligation as it's more significant than wine. Mishna Brurah 273:25 writes in name of Hagahot Rabbi Akiva Eiger and Tosefet [[Shabbat]] that wine doesn't fulfill one's obligation according to many and so one should only rely on this in cases of need. Piskei Teshuvot writes that it seems that there's a dispute between the Magen Avraham 273:11 and the Shaarei Teshuva 289:1 whether one can fulfill one's fulfill with [[mezonot]] that's not Pat HaBah Bekisnin. The Mishna Brurah 273:25 holds like the Magen Avraham and one can fulfill one's obligation by having any [[mezonot]]. Shemirat [[Shabbat]] KeHilchato 52:24, Sh"t Az Nidabru 8:31, Kiddush KeHilchato (pg 195), Sh"t Or Letzion (vol 2, 20:28), and Yalkut Yosef ([[Shabbat]] vol 1 pg 196; Halichot Olam (Vol 3, pg 1)) agree. </ref> Even though theoretically this applies also at night, one should be strict at night not to rely on this.<ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=13 (Kol Sinai Tevet 5724 p. 13)] writes that since some disagree with the geonim we shouldn't rely on them at night when Kiddush is Biblical.</ref>
# If someone is reciting kiddush in one room and someone else is hearing the kiddush in another room if the person listening to the kiddush is going to eat his meal in the room where he is that is considered kiddush in the place of the meal. The reason is that the one fulfilling his obligation of kiddush needs to be in the room where he is going to eat his meal and not where the person making kiddush is.<ref>Maharam Chalavah Pesachim 101a explains that they used to make kiddush in shul and people in a nearby room would hear the kiddush and fulfill their obligation and eat there. It is considered kiddush in the place where they're going to eat since they're fulfilling their obligation and they're the ones eating. The location of the making kiddush doesn't impact that. Tosfot Pesachim 101a s.v. dochlu implies otherwise. Nonetheless, the Bet Yosef 273:6 cites the Rabbenu Yerucham, Smag, and Hagahot Maimoniyot who agreed with Maharam Chalavah. Shulchan Aruch OC 273:6 holds like Maharam Chalavah. Rabbi Akiva Eiger 273:2 explains that those listening to the kiddush are like making kiddush themselves.</ref>

== Women ==
# The Mitzvah of Kiddush is unique in that women are obligated even though it is a Mitzvat Aseh She’Hazman Grama, based on a Talmudic derivation that since women are obligated by the prohibitions of [[Shabbat]], they are also obligated in the positive commandments of the day.<ref>On [[Berachot]] 20b, Rava says that women are obligated in [[Kiddish]] on a Deoritta level because the torah compares the positive and negative commandments of [[Shabbat]] by switching the terms "Zachor" and "Shamor" implying that anyone who is obligated in the negative commands is also obligated in the positive ones. Shulchan Aruch 271:2 and Kitzur Shulchan Aruch 77:4 codify this as the halacha. A woman's obligation applies both at night (Mishna Brurah 271:3) and during the day (Mishna Brurah 289:6). Maharam Chalava pesachim 106a "bayom mai" disagrees and says that women aren't obligated during the day </ref>
# Since women are obligated on a biblical level, they should either listen to their husband or hear another adult make [[Kiddish]] and answer [[Amen]], or say it themselves. <ref> Since women are obligated in [[Kiddish]] on a biblical level, they can definitely make [[Kiddish]] for themselves. Additionally since a man is obligated, a women can fulfill her obligation with the man's [[Kiddish]] as they both have a Deorittah obligation. According the Magen Avraham that one fulfills the Deorittah obligation in [[prayer]], if a man and women have both already prayed, they can fulfill each other's obligation since they have equal obligations. However, if the man prayed and the women didn't, then the man is obligated on a Rabbinical level and the women is obligated on a Biblical level. If so, Rav Yechezkel Landau in Dagul Mirvavah 271:2 asks, whether the women can't fulfill her obligation with the man's reading, or perhaps she can because nonetheless, men are able to fulfill the obligation of others using Arevim Zeh LaZeh (the side is also not definite because the Rosh ([[Brachot]] 3:13 last line) writes that women aren't included in Arevim). He leaves it unanswered and the Kitzur Shulchan Aruch 77:4 writes that it's preferable that women say the [[kiddish]] along with the one making [[Kiddish]] so that they are fulfilling their own obligation. However, the Sh"t Rabbi Akiva Eiger 1:7 argues that certainly women are included in Arevim Zeh LaZeh (and explains that the Rosh was talking about mitzvot that women are exempt from) and so a man with a Derabbanan obligation can fulfill a woman's obligation even if she is has a Deorittah obligation. Aruch HaShulchan 271:6 and Chazon Ovadyah ([[Shabbat]] vol 2 pg 24) concur. </ref>
# Technically a woman can fulfill the obligation of her husband and family though it isn't advised. <ref> Shulchan Aruch 271:2 writes that since women are obligated in [[Kiddish]] on a Deorittah level, they can fulfill the obligation of a man who also has such an obligation. Even though the Maharshal and Bach argue with this, the Taz, Magen Araham, Gra, Mishna Brurah 271:4 all agree with Shulchan Aruch that a women can fulfill the obligation of a man. Nonetheless, Eliyah Rabbah, Derech Chaim, and Mishna Brurah 271:4 write that it's preferable that a women not fulfill the obligation of men not in her family because it's not entirely appropriate. </ref>

==Children==
# Once a child has reached the age of [[chinuch]], they are required to hear the kiddush on [[Shabbat]]. Therefore in the event that the child did not hear kiddush, an adult may repeat kiddush on his behalf, even though the adult had already fulfilled this own obligation. <ref> Children in Halacha pg. 39 </ref>
==Sitting or standing for Kiddush==
# Many have the practice to sit for Kiddush, however, some have a Minhag to stand for [[Kiddish]]. <ref>
* (1) Sources that one should sit: Tosfot 43a writes that to be included in [[Kiddish]] one should sit. [Additionally, from the discussion of the Rambam (Hilchot Succah 6:12) writes that one the first night of [[Sukkot]] one should say the [[Kiddish]] standing so that one can make the bracha of LeShev BaSukkah before sitting down, implying that during the rest of the year one should say [[Kiddish]] sitting.]
* (2) Reasons one should sit: Mishna Brurah 271:46 brings the reason of the Kol Bo that one should sit as a part of [[Kiddish]] BeMakom Sueda making [[Kiddish]] in the place one will eat, and the reason of the Gra that because sitting represents an established setting and one is able to fulfill the obligation of others only is such a setting. Mishna Brurah extrapolates from the Gra's reasoning that even those who listen should preferably sit, and if they are not only standing but even moving here and there during [[Kiddish]] one certainly doesn't fulfill his/her obligation. Chaye Adam ([[Shabbat]] 6:13) writes that it's preferable to sit during [[Kiddish]] so one can see the cup (like the Rama writes 271:10 that one should look at the cup) and one's family as one makes [[Kiddish]].
* (3) Practices: Therefore, Shulchan Aruch 271:10 rules that one should stand for Vayichulu implying that one should sit for the rest of [[Kiddish]]. However, Arizal (quoted by Aruch HaShulchan 271:21) held one should stand for [[Kiddish]] out of respect for the [[Shabbat]] queen (similar to the reason Ashkenazim stand for [[Havdalah]], see Mishna Brurah 296:27). Lastly, Rama 271:10 writes that one is permitted to stand for the entire [[Kiddish]], but it's preferable to sit for [[Kiddish]]. Sh"t Igrot Moshe 5:16 writes that even the Rama only writes that it's permissible to stand for [[Kiddish]] but preferably one should sit, and so if one doesn't have a custom one should follow the Shulchan Aruch. </ref> Nonetheless, one should stand for Vayichulu. <ref> Shulchan Aruch 271:10 rules that one should stand for Vayichulu. Mishna Brurah 271:45 explains that the one should stand for Vayichulu because it acts as a testimony which in court would require one to stand. Rama 271:10 writes that the Minhag was to sit for Vayichulu except for the beginning of Vayichulu (during the words of Yom HaShishi Vayichulu HaShamayim because the first letter of those words spell Hashem's name). Mishna Brurah 271:47 explains that one can sit for Vayichulu because once one stood while it's said in Shul it can be said seated during [[Kiddish]]. Nonetheless, Mishna Brurah 268:19 writes that the minhag is like Shulchan Aruch to stand for Vayichulu. See further Rabbi Lebowitz's article on [download.yutorah.org/2009/1109/735392.pdf yutorah.org].</ref>
# For [[Shabbat]] day, the accepted custom is to sit. <ref> Rav Moshe Shternbuch (Teshuvot V’hanhagot #254) writes that even those who stand for Friday night Kiddush should sit for [[Shabbat]] day [[Kiddish]] because the reason of standing for Vayichulu and continuing doesn't apply as there is no Vayichulu, nor is there a [[Shabbat]] queen to greet. </ref>
# For [[Yom Tov]] Kiddush, many have the custom to sit, <ref> Sh"t Igrot Moshe 5:16 writes that the only reason to stand the entire [[Kiddish]] on [[Shabbat]] is because once one is standing for Vayichulu one can continue standing for the rest of the [[Kiddish]], however since there's no Vayichulu on [[Yom Tov]] one must sit according to all opinions. </ref>but some have the practice to stand.<ref>Aruch HaShulchan 271:24, Nitei Gavriel ([[Yom Tov]] vol 2, 29:18</ref>

==What to use for Kiddush?==
# One should use a full cup<ref>Gemara Brachot 51a, Shulchan Aruch 271:10. [http://www.yutorah.org/lectures/lecture.cfm/799059/Rabbi_Hershel_Schachter/Hilchos_Shabbos_4_-_Inyonei_Kiddush_and_Havdalah Rav Schachter ("Hilchos Shabbos 4", min 33-5)] based on Rabbenu Yonah holds that if the cup is two thirds full it is considered full.</ref> of wine for Kiddush. Some say that grape juice is considered equally suitable as wine<ref>Yachava Daat 2:35 writes that one can use grape juice for kiddush. Or Letzion 2:20:18, Yesodei Yeshurun 3:214-215 and Mishneh Halachot 13:38 agree. [http://www.yutorah.org/lectures/lecture.cfm/799059/Rabbi_Hershel_Schachter/Hilchos_Shabbos_4_-_Inyonei_Kiddush_and_Havdalah Rav Schachter ("Hilchos Shabbos 4", min 90-2)] quotes Rav Moshe as allowing grape juice for Kiddush but saying it is best to avoid the dispute. An [http://www.torahlab.org/doitright/using_grape_juice_for_kiddush/ article on TorahLab.org] writes that the majority of poskim hold grape juice is fit for Kiddush.</ref>, while others disagree.<ref>Shemirat Shabbat Kehilchata 53:2 citing Rav Shlomo Zalman Auerbach concludes that preferably one shouldn't use grape juice for kiddush. Laws of Brachos p. 316 writes that one shouldn't use grape juice for kiddush.</ref> Regarding grape juice from concentrate see [[Grape_Juice_and_Wine#Beracha]].
# It is better to use red wine for Kiddush.<ref>Mishna Brurah 271:10</ref> If one has white wine it is preferable to use it for Shabbat day as opposed to Kiddush on Friday night.<ref>[http://www.yutorah.org/lectures/lecture.cfm/798611/Rabbi_Hershel_Schachter/Hilchos_Shabbos_3_-_Choleh_BeShabbos_&_Kiddush Rav Schachter ("Hilchos Shabbos 3" min 73)] quoting Rabbi Akiva Eiger</ref>
# One may only make kiddush on wine that is proper for nisuch on the mizbeach, therefore, malodorous wine may not be used. However, malodorous wine can be fixed by adding other wine to it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 88 </ref>
# Ideally, one should not make kiddush on wine that has been left open overnight, nevertheless, one has fulfilled his obligation after the fact if he/she made kiddush on it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 88 </ref>
# It is permissible to use wine that was left open as long as it was stored in a closet or refrigerator. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 88 </ref>
===If there is no wine or grape juice===
# If one doesn't have wine on Friday night, kiddush should be recited on the bread and one should keep one's hands on the bread throughout the kiddush. <ref> Shulchan Aruch 272:9 writes that some say one should say kiddush on chamar medina, some say not to say kiddush at all, and some who say that bread should be used for kiddush because of its importance. Rama 279:2 comments that the minhag is like the last opinion. Kaf HaChayim 272:50 and Yalkut Yosef 272:16 write that Shulchan Aruch holds like the last opinion. Mishnah Brurah 272:28 says to put your hands on the [[challah]]. Rav Avigdor Neventzahl in his commentary on Mishna Brurah (Biyitzchak Yikare 272:28) says that one should actually hold the [[challah]]. </ref>
# If there's no wine available for [[Shabbat]] lunch one should use Chamar Medina for kiddush. If one doesn't even have Chamar Medina, one should just say hamotzi and eat the bread, and if he doesn't even have bread one may eat without [[Kiddish]]. <ref> Shulchan Aruch 289:2, Mishna Brurah 289:10. The logic behind not using bread for [[kiddish]] during the day is explained by Mishna Brurah 272:31 that if one were to recite the daytime [[kiddish]] over bread, it would be the same procedure as if he wasn't saying kiddush at all. Therefore, to make it apparent that we are saying [[kiddish]] also, we say a beracha that wouldn't normally be recited, even if that is a [[shehakol]]. As for the definition of chamar medina Mishnah Brurah 272:24 says that even beer is only permitted in a place where it is a common drink. Mishna Brurah 272:25 prohibits the use of milk or oil, and Mishna Brurah 272:30 permits the use of liquor. Rav Avigdor Neventzahl in Biyitzchak Yikare footnote 25 says that according to Rav Shlomo Zalman Auerbach milk is not allowed even in places where it is commonly used like Switzerland. He also says that juice, tea, or coffee maybe permitted but soda is definitely not because it is just like water. Rav Moshe Feinstein in Iggerot Moshe OC 2:75 defines chamar medina as something you would serve to guests who you want to show respect to. Also see [[Shevet Halevi]] 3:26 and 5:32 where Rav Vosner says even where you have wine, chamar medina can be used because in the times of the gemara, wine was far more widespread. Today however, most people do not drink wine so often so other drinks are not inferior to wine for [[kiddish]]. </ref>
# According to Sephardim, one should only use Chamar Medina for [[Shabbat]] lunch if the wine isn't available in the city but if it's just expensive one should use wine and not Chamar Medina. <ref>Yalkut Yosef ([[Shabbat]], vol 1, pg 289) </ref> According to Ashkenazim, if the wine is expensive one may use Chamar Medina for the daytime [[Kiddish]] and one who uses wine is fulfilling a preferred mitzvah. <Ref>Mishna Brurah 272:29 </ref>
# One may not use soda for [[Kiddish]] because soda isn't considered Chamar Medina.<ref>Sh"t Igrot Moshe 2:75 rules that soda is just like water and can not be used for [[Kiddish]].</ref>

==Mistakes in Kiddush of Yom Tov==
# In Kiddush of Yom Tov if someone said Mikadesh Yisrael and didn’t add Ve’hazmanim he didn’t fulfill his obligation.<ref> The Gemara Pesachim 117b has a dispute between the elders of Pumpedita and Rava in tefillah whether you should say Mikadesh Yisrael or Mikadesh Yisrael Vehazmanim on Yom Tov. In Kiddush everyone agrees that you should recite Mikadesh Yisrael Vehazmanim. Magen Avraham 487:1 writes that if in Kiddush someone only say Mikadesh Yisrael he didn’t fulfill his obligation. Kaf Hachaim 487:17 and Zichron Yonah Avodat Halevim 30:1 agree.</ref>
# In Kiddush of Yom Tov if someone said Mikadesh Hashabbat instead of Mikadesh Yisrael Ve’hazmanim he didn’t fulfill his obligation unless he fixed it within toch kdei dibbur.<ref>Regarding Tefillah, Shulchan Aruch 487:1 and Mishna Brurah 487:5 hold that the Shabbat conclusion doesn’t fulfill the obligation of the Yom Tov one. Mishna Brurah holds that it can be fixed within a toch kdei dibbur. Magen Avraham 487:2 implies that the same is true of kiddush. Zichron Yonah 30:2 writes so explicitly.</ref>
# If someone said the Yom Tov Kiddush for the main text of the bracha which mentions Yom Tov in the middle and then concluded with Mikadesh Hashabbat one doesn’t fulfill his obligation.<ref>Regarding Tefillah, the Magen Avraham 487:2 writes that mentioning Yom Tov in the middle is sufficient even with a wrong conclusion but he seems to retract that opinion. Mishna Brurah 487:4 concludes that one doesn’t fulfill one’s obligation. Zichron Yonah 30:2 applies this to Kiddush.</ref>
# If you forgot to say Shehechiyanu you can say it afterwards anytime during the Yom Tov, for Pesach and Sukkot until the end of the 7 days.<ref>Eruvin 40b, Mishna Brurah 473:1, Zichron Yonah 30:4</ref>
# In Kiddush of Yom Tov that fell out on Shabbat includes both Shabbat and Yom Tov. If one only said the kiddush of Shabbat or Yom Tov one doesn’t fulfill one’s obligation.<Ref>Shulchan Aruch 487:1 writes that if one said Shabbat kiddush on Yom Tov one doesn’t fulfill one’s obligation. Zichron Yonah 30:6 writes that if on Shabbat Yom Tov one said either the Shabbat or Yom Tov kiddush separately and not both one didn’t fulfill one’s obligation. Rivevot Efraim 4:117 agrees.</ref>
# If one said the middle of the kiddush correctly and in the conclusion he made a mistake and only mentioned Shabbat according to many poskim one fulfilled one’s obligation. If one said the middle of the kiddush correctly and in the conclusion he made a mistake and only mentioned Yom Tov according to many Ashkenazic poskim one didn’t fulfill one’s obligation but according to Sephardim one did fulfill one’s obligation.<ref>Regarding Tefillah there is a dispute between the Knesset Hagedola who holds that concluding with one of the two conclusions is sufficient and the Pri Chadash who disagrees. Biur Halacha 487:1 makes a compromise and says that if he mentioned Shabbat that is sufficient but if he only mentioned Yom Tov that is insufficient. Kaf Hachaim 487:20 holds that in all cases out of doubt he shouldn’t repeat the bracha. Zichron Yonah 30:7 applies this discussion to Kiddush.</ref>
# If one mentioned Yom Tov in Kiddush but not the specific one there’s a dispute if one fulfilled one’s obligation.<ref>Leket Shichacha Vtaut p. 397 writes that the Bet Yehuda 4 holds that one fulfills one's obligation if one mentioned Yom Tov but just didn't mention which Yom Tov it was, but the Mishna Brurah 427:11 holds that one doesn't fulfill one's obligation. Shemirat Shabbat Khilchata v. 2 p. 110 holds like the Mishna Brurah.</ref>
==Questions and Answers==
# Is it permissible to have [[Kiddish]] before [[Mussaf]]? [[Kiddush#eatingbeforemussaf|click here]]

== Sources ==
{{Reflist|2}}
[[Category:Brachot]]
[[Category:Holidays]]
[[Category:Pesach]]
[[Category:Shabbat]]
[[Category:Sukkot]]

Kiddush

2018-12-13T14:45:52Z

Ezralevy: /* What to use for Kiddush? */

{{Good}}
[[Image:Kiddush Cup.JPG|200px|right]]
Before eating on [[Shabbat]] or [[Yom Tov]], both during the nighttime and daytime, '''Kiddush''' is recited over a cup of wine (preferably). The relevant halachot are detailed below:
==Obligation==
# The mitzvah of Kiddush is a Biblical commandment alluded to in the Ten Commandments. The Torah says, "זכור את יום השבת לקדשו" meaning "remember [[Shabbat]] to sanctify it," and one fulfills it by saying the text of [[Kiddish]] on Friday night. <ref> Rambam Sefer Hamitzvot Aseh 155, [[Chinuch]] 31, Smag Aseh 29, Sefer Hamitzvot of Rav Saadia Gaon Aseh 33 all count the mitzva to sanctify the [[shabbat]] with words based on this pasuk.
* Rambam (Hilchot [[Shabbat]] 29:1) writes that there is a positive biblical commandment to remember [[Shabbat]] based on the pasuk "זכור את יום השבת לקדשו" (Shemot 20:7). In 29:4, he writes that the primary time for the mitzvah is Friday night. Kitzur Shulchan Aruch 77:1 rules like the opinion of the Rambam. [However, it seems that Tosfot (Nazir 4a s.v. My Hee; first opinion) holds that the mitzvah of [[Kiddish]] is Derabbanan and the pasuk of Zachor is only an asmachta]. Tosafot Pesachim 106a “zochrayhu” states two opinions: 1) the cup of wine is diRabanan; 2) the cup of wine is diorayta, but the drinking is dirabanan. </ref> Many authorities consider Kiddush of [[Yom Tov]] to be Derabbanan, yet it shares all the same halachas of Kiddush of [[Shabbat]]. <Ref>Mishna Brurah 271:2, Nitei Gavriel ([[Yom Tov]] vol 2, 29:1)</ref>In addition, Chazal instituted that [[Kiddish]] be made over a cup of wine. <ref> Pesachim 106a states that the [[Kiddish]] is supposed to be said over a cup of wine. Tosfot (s.v. Zochrayhu; first opinion) and Rambam (Hilchot [[Shabbat]] 29:6) write that saying [[Kiddish]] over the cup of wine is Derabbanan. Tosfot's second opinion holds saying [[Kiddish]] over a cup of wine is Deoraittah, but drinking it is Derabbanan. </ref>
# Some authorities hold that the Biblical obligation is discharged with the [[prayer]] in Shul and that the [[Kiddish]] at home is entirely Derabbanan. <ref> Magen Avraham 271:1 writes that since the Rambam and Tosfot hold that the Deorittah part of [[Kiddish]] is that it is stated orally, one should be able to fulfill this obligation with one's [[Maariv]] [[prayer]] in Shul. This is quoted as halacha by the Bear Hetiev 271:2. However, there is a great discussion in the achronim and many argue on the Magen Avraham (Mishna Brurah 271:2 (based on the Tosfet [[Shabbat]] 271:3) argues that since one doesn't have intention to fulfill the obligation of Zachor, the [[prayer]] in shul doesn't fulfill the obligation of [[Kiddish]]). There is a dispute whether a women's lighting [[Shabbat]] candles can fulfill [[Kiddish]] Deoritta, Sh"t Mishneh Halachot 7:37 holding that it can fulfill the Deoritta obligation, while Sh"t Az Nidabru 12:1 strongly disagrees. </ref>
==Amount to Drink==
# The [[Kiddush]] cup itself must contain the volume of at least a reviis of one in order to be valid. The amount of a reviis is open to dispute. According to Rav Chaim Naeh, 3.2 fluid ounces is sufficient. According to Rav Moshe Feinstein, on Friday night one needs 4.42. During the day, Rav Moshe requires only 3.3 fluid ounces. <ref>Haggadat Kol Dodi, Mishna Brurah 183:9, Shaar HaTziyun 183:14</ref>
# In order to fulfill this obligation, one should drink most of a cup that contains at least a [[reviit]]. Some say one should only drink a Melo Lugmav (a cheekful) and some say one should preferably drink a [[Revi'it]].<ref>
* What is the minimum amount of wine one should drink for [[Kiddish]]? Shulchan Aruch 271:13 writes that for kiddush one must drink a Melo Lugmav, which is a cheekful and is the equivalent of the majority of a [[Revi'it]]. Kitzur Shulchan Aruch 77:9 agrees. Kaf HaChaim 271:83 and Or Letzion (vol 2, 20:22) write that it's preferable to drink a complete [[Reviyit]]. On the other hand, Beiur Halacha 174:6 s.v. VeChen writes that since there's a dispute whether the [[Birkat HaMazon]] will exempt the [[Bracha Achrona]] of the wine, one should preferably drink only a Melo Lugmav and not a [[Reviyit]]. Then he ends off by referencing the Shulchan Aruch's ruling in 190:3 and says that one should have intent that the [[Birkat HaMazon]] will exempt the wine before the meal. Yalkut Yosef ([[Shabbat]] vol 1, p 274) simply writes that one must drink a Melo Lugav and doesn't say it's preferable to drink a [[Reviyit]].
* See also Shulchan Aruch 190:3 who writes that because there is a dispute whether one is obligated to make a [[Bracha Achrona]] for a [[Kezayit]] or a [[Reviyit]] of wine, one shouldn't enter into that dispute and for a Kos Shel Bracha, when one needs to drink more than a Melo Lugmav, one's only option is to drink more than a [[Reviyit]]. Kaf HaChaim 271:84 quotes the Pri Megadim who explains that this doesn't apply to Kiddush before a meal since the [[Birkat HaMazon]] exempts the wine from a [[Bracha Achrona]].
* Mishna Brurah 272:30 rules that the obligation to have most of a [[Revi'it]] applies regardless of which drink you use for kiddush. Rav Tzvi [[Pesach]] Frank in Har Tzvi 1:159, however, says that since the Taz (210:1) holds that one would be obligated to say a beracha acharona on less than a [[Revi'it]] of liquor because less than that already is considered to be significant enough for a beracha acharona, the same would apply for how much you need to drink for [[kiddish]]. In regards to [[Bracha Achrona]], Mishna Brurah 190:14 based on the Magen Avraham 190 also writes that there's no difference between wine and other drinks in opposition to the Taz's opinion in that regard as well. </ref>
# For [[Kiddish]], the [[Revi'it]] should be considered to be 4.4oz. <ref>Haggadah Kol Dodi (Rabbi Dovid Feinstein, 5730, pg 4) writes that the [[Revi'it]] for kiddush on [[Shabbat]] (using the method of measuring finger-widths) should be 4.42 oz.</ref>

==Kiddish in Shul==
# In the days of the gemara, the Rabbis instituted saying [[Kiddish]] in shul for the travelers who would eat and drink in the Shul. Nowadays, when guests don't eat their meals in shul, some say that its proper not to say Kiddush in shul, while others uphold this minhag to say Kiddush in shul on Friday night. <ref>The Gemara Pesachim 100b discusses the custom to recite kiddush on Friday night in shul. The Tur 269 writes that saying Kiddush in shul was only established in order to fulfill the obligation of Kiddush for the guests who would eat their meal in shul. He says that nowadays that guests don't eat their meal in shul one shouldn't say Kiddush in shul. The Beit Yosef 269 quotes the Rabbenu Yonah, Ran, and Rashba who defend this practice of saying Kiddush in shul even if guests don't even their meal in shul. Additionally, the Rambam (Sh"t Harambam 37) writes that this minhag shouldn't be discontinued because all establishments that the rabbis made must remain even if the reason no longer applies. Rashba responsa 1:37 and Maharam Chalavah Pesachim 101a agree. Nonetheless, the Bet Yosef writes that the more proper minhag is not to say Kiddush in Shul. Shulchan Aruch 269:1 rules that some have this practice to say Kiddush in shul, but its better not to. Mishna Brurah 269:5 writes that the common minhag is to say Kiddush in shul and one shouldn't uproot it. Yalkut Yosef 269:2 writes that if there are some in shul who will not say Kiddush at their homes at all, it is not just justified but even encouraged to say Kiddush in shul, but otherwise a shul who doesn't yet have that and doesn't yet have an established minhag, shouldn't say the kiddush in shul. He continues that whatever shul already has the minhag to say it, they should not be stopped because this minhag has its basis.
* Sh"t Yachin Uboaz 118 writes that that the Rashbetz wouldn't answer [[amen]] to the kiddush in shul because of the safek beracha livatala.</ref>
# This minhag applies to [[Shabbat]] and [[Yom Tov]] except for the first day of [[Yom Tov]] of [[Pesach]] (and second in Chutz LaAretz). <ref>Mishna Brurah 269:5, BeYitchak Yikare adds second day in chutz la'aretz </ref>
# The one making [[Kiddish]] in shul shouldn't drink from the wine but rather give it to children to drink. Some say that the children should be below the age of [[chinuch]] (6 or 7) while others say that it's better to give it a child above that age. If it is not possible to find a child to drink the wine, an adult should drink it but should make sure to drink a [[Reviyit]] or more, say a [[Bracha Achrona]], and have intent to fulfill the mitzvah of [[kiddish]]. <Ref>Shulchan Aruch 269, Mishna Brurah 269:1, Yalkut Yosef 269:2. The Magen Avraham 269:1 explains that it is permitted to have the child drink the kiddush wine even though his meal isn't there and it is like eating before kiddush. He explains it is permitted for a child to eat before kiddush for several reasons: 1) Since eating before kiddush is a prohibition implied from a mitzvah it isn't an issue of feeding something forbidden to children. (Yalkut Mefarshim on Ran Yoma 3a agrees.) 2) Since the prohibition is only related to time and not intrinsic to the food it is permitted to feed to children. (Meor Yisrael Ymoa 78b agrees.) 3) According to the Geonim it is permitted to just have the cup of kiddush without the meal there and for children that is sufficient to rely upon. 4) According to the Rashba and Ran it is permitted to feed a child a rabbinic prohibition. </ref>
# The minhag is to stand for [[kiddish]] in shul. <ref> Rama 269:1 </ref>

==Kiddish at night==
# On Friday night, one should hurry home after shul to bring in the [[Shabbat]] and not taryy in conversation at shul. <ref> Yalkut Yosef [[Shabbat]] 1 271:1 </ref>
# Kiddush at night is considered greater than the Kiddush of the day.<ref> The Ran on Gemarah Pesachim 106a says that the [[Kiddish]] of the night is Deoritta while that of the day is Derabbanan. </ref> Therefore, if one has two bottles of wine the better bottle should be used for Kiddush at night. (However, the day is considered greater in general and should have the better selection by everything else). <ref> Gemarah Pesachim (105a)</ref>
# The text of [[Kiddish]] includes Yom HaShishi, which are pesukim describing [[Shabbat]], and two [[Brachot]], Borei Peri HaGafen, and Mekadesh Ha[[Shabbat]]. <ref> Rambam (Hilchot [[Shabbat]] 29:7) writes that the order of [[Kiddish]] is Vayichulu (which are pesukim said based on Minhag), the Borei Pri Hagefen and then Mikdash Ha[[Shabbat]] (the text of which can be found in Rambam 29:2). </ref>
# When reciting [[Kiddush]] on Friday night, we say the words "ויהי ערב ויהי בקר" - "Vayihi erev vayihi boker" quietly before saying "יום הששי" Yom Hashishi. While we generally avoid reciting Pesukim in ways which differ from their presentation in the Torah<ref>Tanit 27b, [[Megillah]] 22a. "כל פסוקא דלא פסקיה משה אנן לא פסקינן".</ref>, nonetheless we only say the second part, and don't say the first part of the Pasuk quietly because Chazal understand the words "טוב מאד" as a reference to death. However, there is debate whether one is allowed to say only part of a Pasuk so some are careful to add the rest of the Pasuk ''Vayar Elokim Et Kol Asher Asa Vehini Tov Meod, Veyihi Erev Vayihi Boker Yom Hashishi''.<ref>Rama 271:10, Levush 271:10, Aruch HaShulchan 271:25, Chatom Sofer OC 10. Chatom Sofer OC 1:51 explains the minhag is based on the fact that we want to mention yom hashishi before vayichulu hashamayim since there’s an acrostic of Hashem’s name of the first letter of each of those four words. But since we don’t want to mention only two words from a pasuk since it is meaningless we include a whole phrase. However, we don’t want to say the whole pasuk since the midrash says that there’s a reference to death in the beginning of the pasuk. [http://www.havabooks.co.il/sms.asp?cat=6 Rav Aviner] Nefesh Harav (p. 159) quotes Rav Soloveitchik as having the practice to say the beginning part of the pasuk quietly to himself. He also cites this as the practice of the Steipler (Orchot Rabbenu v. 1 p. 109).</ref>

==Kiddish of the day==
# The text of [[Kiddish]] during the day is just Borei Pri Hagefen. <ref> The Gemara Pesachim 106a states that the primary [[Kiddish]] is at night, but there's also a [[Kiddish]] of the day. Even though it seems to be Deorittah as the gemara learns it from a pasuk, the Rishonim agree that the pasuk is only an asmachta (Ravad and Magid Mishna (Hilchot [[Shabbat]] 29:10), quoted by Bear Heitiv 289:2) and the obligation of [[Kiddish]] during the day is only Rabbinic. The gemara concludes that the text of such a [[Kiddish]] is just Borei Pri [[HaGefen]]. Rambam (Hilchot [[Shabbat]] 29:10) and Shulchan Aruch 289:1 rule this as halacha. </ref> However, many have the minhag to say Pesukim before saying the Bracha. Some say two paragraphs<ref> Siddur </ref>, "Veshamaroo" and "Zachor" and others have the minhag to add another paragraph before these starting with "Im tashiv Mishabbos Raglecha" which are the Pesukim in Yeshaya which inlude the Pasuk from which the obligation of making Kiddush is derived. Many skip to the last sentence of "Zachor" starting with "Al cen berach" before saying the bracha on the wine.
# It's forbidden to taste anything before [[Kiddish]]. <ref> Rambam (Hilchot [[Shabbat]] 29:10) and Shulchan Aruch 289:1 rule that since there's an obligation to make [[Kiddish]] it's forbidden to eat anything before [[Kiddish]] just like the [[Kiddish]] of Friday night. </ref>
# If one is thirsty it is permissible to drink water before [[Shacharit]] on [[Shabbat]] day since the obligation of [[Kiddish]] doesn't apply until one prayed. <ref> Tur writes in the name of his father, the Rosh, and Shulchan Aruch 289:1 </ref>
# Someone who is sick and needs to eat before davening on Shabbat, according to Ashkenazim should recite Kiddush beforehand unless one doesn't eat a kezayit of mezonot within a kdei achilat pras,<ref>Mishna Brurah (Biur Halacha 289:1 s.v. chovat) and Igrot Moshe OC 2:26:2 write that someone who is sick and needs to eat before davening on Shabbat should make kiddush unless he doesn't need to eat pat haba bekisnin. Piskei Teshuvot 289:8 note 63 writes that the best option is for the sick person not to have a kezayit of pat haba bekisnin within a kedi achilat pras which wouldn't obligate kiddush.</ref> while according to Sephardim it isn't necessary.<Ref>Yabia Omer OC 8:31 and Or Letzion 2:20:14 write that someone who is sick and needs to eat before davening on Shabbat does not need to make kiddush. See also Kaf Hachaim 276:28 who is lenient in extenuating circumstances. See Chazon Ovadia (Shabbat v. 2 p. 149) where Rav Ovadia recommends that a sick person who needs to eat bread or pat haba bekisnin before davening should recite kiddush.</ref>

==Pouring Off==
# A person shouldn’t pour off to the other cups between the kiddush and drinking. If he is sick and worried about others drinking from his cup he can pour off but should make sure to leave a reviyit in the cup when he drinks.<ref>
* Piskei Teshuvot 271:32 quotes the Mishnat Yosef 4:35 who says that initially one shouldn't pour off before drinking because one should drink from a cup with a reviyit and also so that it shouldn't look like a disgrace to the mitzvah (bizuy mitzvah, see Mishna Brurah 296:4 and Eliya Rabba 271:23). However, if he’s sick he can pour off some and then drink from the cup which still has a reviyit. [https://www.yutorah.org/sidebar/lecture.cfm/898548/rabbi-hershel-schachter/berachos-92-47a-kiddusha-rabba-ii-bracha-al-hakos-ad-sheyitom-hamevarech-answering-amen/ Rav Hershel Schachter (Brachot Shiur 92 min 44)] agreed that one shouldn’t pour off so much that there’s not a reviyit left before you drink. He holds like the Magen Avraham as will be explained.
* Should the cup one drinks from have a reviyit? Tosfot Pesachim 105b s.v. shema writes that one must drink from a cup that has a reviyit and not pour off some of the cup into another cup and drink. Agudah Pesachim 10:84 and Ritva Pesachim 105b s.v. shema agree. Magen Avraham 271:24 rules like Tosfot. Mishna Brurah 271:51 agrees. Shulchan Aruch 271:11 seems not to hold like Tosfot but see Eliya Rabba 271:23 who defends Shulchan Aruch but also accepts Tosfot. Korban Netanel Pesachim 10:200 writes that in fact the Rosh, Rabbenu Yerucham, and Shulchan Aruch disagree with Tosfot and you don’t have to drink from a cup with a reviyit. Netiv Chaim 271:11 agrees. Rabbi Akiva Eiger Pesachim 105b discusses whether the proof of the Korban Netanel is conclusive.</ref>
# The one reciting kiddush doesn't have to pour off into their cups unless their cups are invalid for kiddush as they drank from them already. In such a case the one reciting kiddush can pour off from his cup into the others so that they are considered valid for kiddush.<ref>Tosfot Pesachim 106a s.v. gachin, Tosfot Brachot 47a s.v. ein, Rosh Pesachim 10:16, Rosh Brachot 7:15, Shulchan Aruch OC 271:17</ref>
==Listening to Kiddush==
# Those who are listening to the kiddush shouldn't drink until the making the kiddush drinks.<ref>Gemara Brachot 47a</ref> However, if they each have their own cup they may drink without waiting.<ref>Yerushalmi Brachot 6:1, Tosfot Brachot 47a s.v. ein, Tosfot Pesachim 106a s.v. gachin, Rashba Brachot 47a s.v. amar, Maharam Chalavah Pesachim 106a s.v. chazyey, Shulchan Aruch 271:16</ref>
# Those listening don't need to drink a melo lugmav and any amount is sufficient.<ref>The Levush 271:14 writes that those listening should drink a melo lugmav. However, the Maggid Mishna Shabbat 29:7 writes that those listening only need to drink a bit and not melo lugmav. The Taz 271:17, Eliya Rabba 271:29, and Mishna Brurah 271:71 follow the Maggid Mishna.</ref>
# Those listening to kiddush don't have to drink to fulfill their obligation but it is a mitzvah for them to drink.<ref>
Eruvin 40b and Pesachim 108b imply that only the one drinking needs to drink and no one else but Pesachim 106a and perhaps 108b imply that everyone listening should drink. The Rosh Pesachim 10:16 writes that although each person listening to kiddush doesn't need to drink wine to fulfill his obligation, there is nonetheless an added mitzvah to do so. Maharam Chalavah Pesachim 101a holds those listening don't need to drink. Tosfot Pesachim 99b s.v. lo originally assumes that those listening to the kiddush don't need to drink but afterwards questions that assumption. The Rambam Shabbat 29:7 implies that there is an obligation for everyone to drink. Maggid Mishna 29:7 just adds that those listening don't need to drink a melo lugmav. Shulchan Aruch OC 271:14 rules like the Rosh that as long as the one reciting kiddush drinks that is sufficient for everyone to fulfill their obligation but it is a mitzvah for them to drink. Mishna Brurah 271:83 agrees.</ref> They don't need their own cup and may drink from the cup of kiddush.<ref>Shulchan Aruch 271:14</ref> It isn't considered invalid for kiddush after the one reciting the kiddush drank and then they drink.<ref>Shaar Hatziyun 271:89 explains that even though if those listening had their own cup they should ensure that the cup should be valid for kiddush and not drunk from beforehand, however, if they are drinking from the kiddush cup after the one who recited kiddush drank it isn't considered invalid as their drinking is considered part of the original drinking of the one who recited kiddush.</ref>
# If those listening want to have their own cup to fulfill this added mitzvah to drink wine after kiddush they may do so. If they do so they should have a cup that is valid for kiddush and we view it as though they are all reciting their own kiddush over their cup of wine.<ref>Rosh Pesachim 10:16 writes that the wine in each person's cup has to be fixed and not drunk from beforehand in order for them to use it for drinking at kiddush even though they aren't reciting the kiddush. He explains that since they are listening to kiddush and going to drink wine from their own cup it is considered as though they are reciting their own kiddush over their own cup. If so that cup should be valid for kiddush. Tosfot Pesachim 106a s.v. hava, Tosfot Brachot 47a s.v. ein, Rashba Brachot 47a s.v. amar, Tur 182:4, and Ohel Moed 6:6 cited by Bet Yosef 182:2 agree. The Shulchan Aruch OC 271:17 accepts the Rosh.
* The Tiferet Shmuel on Rosh Pesachim 10:15:10 seems to have another understanding of the Rosh in which he assumes that those who are listening to the kiddush and have their own cups don't need their cups to be valid for kiddush and may be drunk from beforehand (like the Raah). However, the Divrei Chamudot Pesachim 10:15:36 understood the Rosh as above.</ref> Some disagree.<ref>The Raah cited by Bet Yosef 182:4 writes that those listening don't have to have valid cups for kiddush. The Shulchan Aruch 182:4 cites that opinion as a minority view.</ref>
# Some say that for kiddush by day those listening to kiddush must drink from the kiddush cup.<ref>
[https://www.yutorah.org/sidebar/lecture.cfm/856129/rabbi-hershel-schachter/inyonei-sefiras-haomer-nowadays-women-before-kiddush-beit-din-bein-hashmashos-shomea-keoneh/ Rav Schachter Inyonei Sefirat Haomer 5776 towards the very end] quoted the Torah Temimah, Netsiv, and Rav Velve Soloveitchik that one doesn’t fulfill one’s obligation if one doesn’t drink wine at the kiddush of the day specifically since it really is only a birchat hanehenin and not a bracha of a mitzvah. However, in [https://www.yutorah.org/sidebar/lecture.cfm/898548/rabbi-hershel-schachter/berachos-92-47a-kiddusha-rabba-ii-bracha-al-hakos-ad-sheyitom-hamevarech-answering-amen/ Brachot Shiur 92 (min 23)] he quoted that Rav Chaim was upset with this chiddush of the Netsiv and not everyone has to drink at the daytime kiddush. Teshuvot Vehanhagot 3:243 cites this dispute between the Brisker Rav and Rav Chaim.</ref>

==Eating before Mussaf==
# <div id="eatingbeforemussaf"></div> Once the time for [[Mussaf]] (from [[Olot HaShachar]]) it’s forbidden to eat a meal (more than a [[KeBaytzah]] of bread) before praying [[Mussaf]], however, it’s permissible to have a [[KeBaytzah]] of bread or a lot of fruit. <Ref>The Gemara [[Brachot]] 28b writes that the halacha doesn’t follow Rav Huna who says that it’s forbidden to taste any food before praying [[Mussaf]]. The Tur 286:3 writes that even though we don’t hold like Rav Huna we only permit have a snack but a meal is forbidden. The Bet Yosef quotes the Raavad, Rashba, and perhaps the Rabbenu Yerucham who agree. S”A 286:3 writes that it’s forbidden to eat a meal before praying [[Mussaf]] but it’s permissible to have a snack. The Magen Avraham 286:2 writes that the snack is the same as before [[Mincha]] where S”A 232:3 writes that one may have a [[KeBaytzah]] of bread and a lot of fruit but not more. Kitzur Shulchan Aruch 77:15 agrees. See Rav Mordechai Eliyahu's comment on Kitzur Shulchan Aruch 77:15 where he writes that we only rely on this in situations of pressing need.</ref>
# The custom is to be lenient to permit eating even more than a Kabaytzah of baked [[Mezonot]] (cakes and cookies) before [[Mussaf]] after having made [[Kiddish]]. <Ref>Shaar HaTziyun 286:7 writes that the measure for a meal before [[mussaf]] in regards to baked [[mezonot]] is the same as by [[Sukkah]]. Mishna Brurah 639:15-6 (regarding [[Sukkah]]) quotes some who say that if one establishes a meal out of the [[Pas HaBah Bekisnin]] certainly it requires a [[Sukkah]]. However, if one didn’t have it as a meal if one had more than a [[KeBaytzah]] then there’s a dispute whether one needs a [[Sukkah]] and if one eats less than a [[KeBaytzah]] then certainly it doesn’t require a [[Sukkah]]. Nonetheless, Halichot Shlomo ([[Tefillah]] 14:9, pg 179-80) writes that the minhag is to lenient to have even more than a Kabaytzah of baked [[mezonot]]. </ref>
# If one does eat before [[Mussaf]] one must first do [[Kiddish]] and have a [[Revi'it]] of wine or eat a [[Kezayit]] of baked [[mezonot]] (cakes and cookies) in order to fulfill [[Kiddish]]. <Ref>Magen Avraham 286:1, Beiur Halacha 286:3 s.v. Achilat, Mishna Brurah 286:7, Shemirat [[Shabbat]] KeHilchata 52:17</ref>

==The Cup for Kiddish==
# Some authorities say that one may not use a plastic or paper cup for [[Kiddish]], however, many authorities permit but agree that it's preferable to use a real cup. <ref> Sh"t Igrot Moshe O"C 3:39 forbids using a plastic or paper cup as they aren't considered a nice cup and it's worse off than a broken cup (which is forbidden by Shulchan Aruch 183:3. Mishna Brurah 183:11 says that even if it is just the base that is cracked one should still be strict.) The Radiance of [[Shabbos]] (page 44) points out that this doesn't depend on the quality of the plastic at all. [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 min 25-30)] agrees with Rav Moshe.
* However, Sh"t Tzitz Eliezer 12:23 differentiates between a cup that would be used for hot liquids and could be reused and one that's ruined after it's first use. Even if one personally doesn't reuse it, it is still considered a kli. This is true for kiddush, [[havdala]], and [[netilat yadayim]]. Sh"t Beer Moshe 5:55 on the other hand, only allows cup that are commonly reused and therefore only permits plastic cups and not paper cups, or small shot glasses because those are rarely reused.
* Sh"t Az Nidabru 6:49 is the most lenient allowing any disposal cup, however, it's still preferable to use a better cup as a hidur mitzvah. Shevut Yitzchak (vol 1, 4:5, pg 48) in name of Rav Elyashiv and Chazon Ovadyah ([[Shabbat]] vol 2 p. 56) concur with the lenient opinion. See further: [http://www.yutorah.org/lectures/lecture.cfm/727120/Rabbi_Aryeh_Lebowitz/kiddush_with_disposable_cups Rabbi Aryeh Lebowitz on yutorah.org]. Although many poskim, say that using two plastic cups doesn't help at all, see [http://www.yeshiva.org.il/ask/?id=62394 Rav Dov Lior] for the explanation of that practice, though he writes that he doesn't necessarily think that it helps the issue. </ref> After the fact one fulfilled one's obligation even if one holds one shouldn't use a disposable cup.<ref> Mishna Brurah 183:10 writes that the entire concept of having a cup for kiddush that is complete is important initially but after the fact isn't critical and one fulfills one's obligation. Therefore, [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 min 25-30)] explained that Rav Moshe who invalidated a disposable cup for kiddush because it is like it is already broken would agree that after the fact one fulfilled one's obligation.
* Rashba 51a s.v. ha writes that if a person doesn’t have one of the four major rules of a kos shel bracha a person doesn’t fulfill their obligation, the others are enhancements initially. Meiri 51a s.v. asara quote some who said that they are all only critical initially. Mishna Brurah 183:10 implies that we follow the Meiri. Maaseh Rav n. 86 follows the Rashba that it would prevent fulfilling one's obligation.</ref>
# The cup of [[Kiddish]] should be rinsed out before being used if it isn't already clean. <ref> The Gemara Brachot 51a establishes that the kos shel bracha should be cleaned on the inside and outside before it is used. Shulchan Aruch OC 183:1 codifies this gemara but adds that it is only necessary if the cup is dirty but if it is clean it doesn't need to be cleaned out. Chaye Adam ([[Shabbat]] 6:13) agrees. Mishna Brurah 183:3 writes that it is proper to clean it out unless it is completely clean. </ref> According to Kabbalah one should still clean out the cup in the inside and outside even if it is clean.<ref>Kaf Hachaim 183:4</ref>
# Some say it is a nice practice to surround the kiddush cup with six small cups of wine. The minhag isn't concerned for this opinion.<ref>Gra in Maaseh Rav n. 174 states that it is nice to have six small cups surrounding the main kiddush cup. His reason is that this is the practice of Itur of the Gemara Brachot 51a and even though the gemara says we don't have that practice the gemara only meant that it isn't critical but it is still a nice practice. Kaf Hachaim 183:3 writes that it isn't our practice since we try to follow the other explanation of Itur is having talmidei chachamim around the table, which isn't always possible but when it is that's the main method to add significance to the kiddush. </ref>
# The kiddush cup should be full.<ref>Gemara Brachot 51a, Shulchan Aruch OC 183:2</ref> If a person is afraid of spilling it is sufficient that it is almost full such as leaving it a quarter of an inch below the top.<ref>Taz 183:4 writes that the practice of not filling up the cup to the very top is because of a concern that it will spill and make a mess. Kaf Hachaim 183:13 adds to the Taz that it isn't considered not full if it is almost full. Similarly, Rabbenu Yonah 37b s.v. al writes that even if the cup isn't completely full it is considered full for a kos shel bracha. [https://www.yutorah.org/sidebar/lecture.cfm/899518/rabbi-hershel-schachter/berachos-101-50b-51b-kos-shel-beracha-chay-malei-shetifa-hadacha-disposable-cups-/ Rav Hershel Schachter (Brachot Shiur 101 beginning)] quoting Rav Shlomo Zalman Auerbach</ref>

==Eating before Kiddish==
# Kiddush has to be made before eating/drinking because the Pasuk says "VeKarasa LiShabbos Oneg" <ref> Isiah </ref> "And you shall call to the [[Shabbos]] a delight", which the Rabbanan learn to mean that there has to be a "calling" to the [[Shabbos]], meaning saying Kiddush, prior to it being "a delight", refering to eating/drinking. <ref> Tosfot and Rosh Pesachim 110a</ref>
# It's Rabbinically <ref> Mishna Brurah 271:11 writes that the prohibition is only Rabbinic. </ref> forbidden to eat anything even water <ref> [[Maggid]] Mishna (Hilchot [[Shabbat]] 29:5) explains that the Rambam holds drinking water before [[Kiddish]] is permitted, while the Rashba (Sh"t 3:264) forbids it. Hagahot Maimon 29:5 in name of Maharam as well as the Tur 271:4 also forbid. Bet Yosef says that the Rambam is unclear and may hold that even water is forbidden. Shulchan Aruch 271:4 rules that even water is forbidden. </ref> before making [[Kiddish]] once the time for [[Kiddish]] has come. <ref> Pesachim 106b records a dispute whether one who tasted food before [[Kiddish]] can still make [[Kiddish]]. Bet Yosef 271:4 implies from there that Lechatchila, it's forbidden to eat or drink before [[Kiddish]]. Rambam (Hilchot [[Shabbat]] 29:5), Tur and Shulchan Aruch 271:4 all rule that it's forbidden to eat before making [[Kiddish]]. </ref> This applies to the nighttime and daytime Kiddush.<ref>Kitzur Shulchan Aruch 77:13</ref>
# If one takes [[Shabbat]] upon oneself early, it's forbidden to eat before making [[Kiddish]]. <ref> Magen Avraham in name of the Bach writes that it's forbidden to eat before making [[Kiddish]] if one accepted [[Shabbat]] early. </ref> Therefore, one can accept [[Shabbat]] early, make [[Kiddish]], and eat even before praying [[Arvit]] as long as it's not within a half hour of the time to say [[Arvit]]. <ref> Magen Avraham 271:5 writes that one is allowed to accept [[Shabbat]] early, and then make [[Kiddish]] to permit eating, all before praying [[Arvit]]. Beir Heitev 271:4 quotes this as halacha. Kitzur Shulchan Aruch 77:4 and Mishna Brurah 271:11 limit the permit to eat to when one is more than a half hour before nightfall as is the halacha everyday of not eating before [[Arvit]]. </ref>
# If one doesn't pray or take [[Shabbat]] upon oneself early The time that the prohibition begins from [[Bein HaShemashot]]. <ref> Magen Avraham 271, Mishna Brurah 271:11 and Ben Ish Chai Beresheet 17 write that the prohibition begins at [[Bein HaShemashot]]. </ref>
# Rinsing out one's mouth is permitted since one doesn't intend to get benefit from the water. <ref> Magen Avraham 271:5 writes that rinsing out one's mouth is permitted as it isn't called drinking. Bear Hetiev 271:4 and Mishna Brurah agree. However, Ben Ish Chai Beresheet 17 is more stringent and only permits if one was fasting and only during [[Bein HaShemashot]]. </ref>

== Timing==
#Ideally, one should say Kiddush as soon as one gets home from Shul on Friday night.<ref> Pesachim 106a learns that the primary way to do [[Kiddish]], a remembrance of [[Shabbat]] is with wine on Friday night because that's the beginning of the day (in the Jewish calendar). Shulchan Aruch, O”C 271:1 </ref>
#One can say [[Kiddish]] before nightfall if one accepts upon oneself [[Shabbat]] early. <ref> Magen Avraham writes that [[Kiddish]] can be made during the day if one accepts upon oneself [[Shabbat]] early. Many achronim including Kitzur Shulchan Aruch 77:2 and Mishna Brurah 271:11 concur. </ref>
#If one missed Kiddush on Friday night, it can and should be made up at any point during [[Shabbat]] day, which means that one would recite the longer Friday-night version of Kiddush on [[Shabbat]] day. <ref> The Gemara Pesachim 105a rules that if one missed saying [[Kiddish]] on Friday night one can make it up through the rest of [[Shabbat]]. Rambam (Hilchot [[Shabbat]] 29:4), Tur and Shulchan Aruch 271:8 rule like the gemara pesachim. This is agree upon by the achronim including Aruch HaShulchan 271:21, Ben Ish Hai (Bereshit 19), and Hacham Ovadia Yosef, in Halichot Olam. Aruch HaShulchan and Ben Ish Chai write that even if the person ate intentionally one should still make [[Kiddish]] the next day. Additionally, achronim including the Chaye Adam ([[Shabbat]] 6:2), Aruch HaShulchan 271:21, and Ben Ish Chai (Beresheet 19) hold that we don't say Vayichulu if the [[Kiddish]] is said during the day since Vayichulu was instituted for the incoming of [[Shabbat]]. [This finds it's source in the Magid Mishna (Hilchot [[Shabbat]] 29:4).] </ref>
# If one forgot to say [[Kiddish]] on Friday night and only remembered during [[Bein HaShemashot]] of Saturday, one should say [[Kiddish]] then with [[Shem UMalchut]], however, according to Ashkenazim as long as one davened any of the [[Shabbat]] [[prayers]], if one needs to make Kiddush during [[Bein HaShemashot]] it should be done without Shem Umalchut. <ref> Ben Ish Chai Beresheet 19 writes that one could argue that according to the Magen Avraham, once one prayed on [[Shabbat]] the obligation of [[Kiddish]] is only Derabbanan and whenever there is a doubt about a Derabbanan obligation one may be lenient (Safek Derabbanan Lekula). If this was the case, one should say that if it is [[Bein HaShemashot]] one no longer needs to say Kiddush. However, the Ben Ish Chai rejects such an argument because some commentators limit the Magen Avraham to a case where one doesn't have wine or one specifically had Kavana in [[davening]] to fulfill one's obligation. Therefore, the Ben Ish Chai rules that one can still make [[Kiddish]] during [[Bein HaShemashot]] with a Bracha because of the rule Safek Deorittah LeChumra just like if there's a doubt concerning [[Birkat HaMazon]]. Halichot Olam (vol 3, pg 25-7) agrees. However, the Mishna Brurah 271:39 (Shaar Hatziyun 47) rules that if one did say Tefillot [[Shabbat]] and it's [[Bein HaShemashot]], one should make the bracha without [[Shem UMalchut]]. See [http://www.dailyhalacha.com/Display.asp?ClipID=1866 Rabbi Mansour on Dailyhalacha.com]. </ref>

==Washing before or after Kiddish==
# One should make [[Kiddish]] before washing for bread. However, Bedieved, if one did wash with a bracha before making [[Kiddish]], according to Sephardim, one should make [[Kiddish]] on bread and not on wine. <ref>
* Tur 271:12 quotes Rav Amram Goan (Siddur vol 2, [[Siman 17]]) who wrote that one should make [[Kiddish]] on wine and then wash for bread, however, if one washed first one should make [[Kiddish]] on bread in accordance with Rav Bruna in Pesachim 106b. Rambam (Hilchot [[Shabbat]] 29:9-10) and the Ran in explaining the Rif (22a) concur. The Maharam MeRotenburg's (quoted by the Tur 271:12) practice was to make Kiddush before washing. Shulchan Aruch 271:12 rules that one should make Kiddush and then wash, however, if one washed first one should make Kiddush on the bread.
* Kaf HaChaim 271:76 adds that the Arizal (Shaar Kavanot 71c) agrees because the order should be kept as [[Kiddish]] being the completion of [[prayer]] and washing as the start of the meal. Gra 271:12, Maamer Mordechai 271:16, and Yalkut Yosef ([[Shabbat]] vol 1 pg 273) concur with Shulchan Aruch. Therefore, Sephardim shouldn't change from the ruling of Shulchan Aruch even Bedieved. However, the Kaf HaChaim 271:77 argues that Bedieved one should say [[Kiddish]] on wine because one has what to rely on. </ref> According to Ashkenazim, Bedieved one can make still make the [[Kiddish]] on wine and then have the bread. <ref> However, the Rashbam (Pesachim 106b), and Baal HaMoar (Pesachim 21b s.v. Amar Rav Bruna) explain the gemara differently than the Ran and say that lechatchila one should make [[Kiddish]] first, however if one doesn't one can still make [[Kiddish]] on wine. Rabbenu Tam (Pesachim 106b s.v. Mekadesh) and the Ri (Pesachim 106b s.v. Zimnin) hold that even Lechatchila one should wash before making [[Kiddish]] on wine. Hagahot Maimon 29:100, Sh"t Rashba 1:752, Rokeach (115), and Mordechai (Pesachim 106b; pg 37c) side with Rabbenu Tam and Ri. Such was the minhag of the Rosh (quoted by Tur 271:12) and the minhag of Ashkenaz as writes the Rama 271:12. The Taz 271:14 and Chaye Adam ([[Shabbat]] 6:12) rule that the Rama is only bedieved. Therefore, Mishna Brurah 271:62 writes that since many achronim side with Shulchan Aruch and one satisfies all opinions one should make [[Kiddish]] first, however Bedieved one can rely on the Rama to make [[Kiddish]] on wine if one did in fact wash first. Kaf HaChaim 271:77 adds in the name of the Bach that if one didn't make the bracha on [[Netilat yadayim]] one should make [[Kiddish]] on wine and then rewash so that one doesn't loose the [[Kiddish]] over wine. </ref>
# Nonetheless, some Ashkenazim have the Minhag (specifically German Jews) to specifically wash before making [[Kiddish]] over wine and they have what to rely on. <ref> See previous note. Rama 271:12 writes that such was the minhag of Ashkenaz to wash before [[Kiddish]]. The Bet Yosef 271:12 comments that he saw some Sephardim who had such a practice but sternly disagreed based on the Rif and Rambam. </ref>
# There is no difference concerning the order between the one making the [[Kiddish]] and other members of the family. <ref> Magen Avraham 271:26 in name of Hagahot Mordechai (it seems that he means Mordechai pg 37b), Bach 271:11 (s.v. VeleInyan) distinguish between the one making [[Kiddish]] and the other members of the family for whom [[Kiddish]] won't be an interruption. Kaf HaChaim 271:79 argues that there's no difference between the one making [[Kiddish]] and the other family members. </ref>
# If one's minhag is to wash first, it's forbidden to dilute the wine between the washing and [[Kiddish]] as that would be an interruption between washing and the meal. Some say one also shouldn't pour the wine from the bottle between washing and the meal as it constitutes an interruption. <ref> Magen Avraham 271:27 writes that even according to Rabbenu Tam (Pesachim 106 s.v. Mekadesh) that Lechatchila one can wash before [[Kiddish]], explains that Bet Hillel ([[Brachot]]) says to make [[Kiddish]] first in the case where one has to dilute the wine becasue diluting wine takes precision and is definitely an interruption. Magen Avraham adds that according to the stringent opinion in Shulchan Aruch 166:1 (which is the Tur based on the Yerushalmi) one should be strict not to make any interruption. The Magen Avraham is brought as halacha by the Tosfet [[Shabbat]] 271:34 and Kaf HaChaim 271:78. </ref>
# If by accident one washed one's hands for bread before [[Kiddish]], according to Sephardim one should make [[Kiddish]] on bread <ref>Shulchan Aruch 271:12 </ref> unless one person of the group hasn't yet washed and can perform [[Kiddish]] over wine for everyone else (by saying it aloud while they listen)<ref>Menuchat Ahava (vol 1 pg 143) [http://www.dailyhalacha.com/Display.asp?PageIndex=9&ClipID=960 see dailyhalacha] </ref> and according to Ashkenazim one should make [[Kiddish]] on wine. <ref>Mishna Brurah 271:62 </ref>

==Eating in the place one made Kiddish (Kiddush Bimakom Seuda)==
# In the place where one made [[Kiddish]] one should make sure to have a meal there.<ref>Shmuel in Gemara Pesachim 101a says that one should only say Kiddush in the place where one is going to have a meal. The Rosh (Pesachim 10:5) says that this is based on the pasuk "VeKarata LeShabbat Oneg" which Chazal explain with "Kriyah" as a reference to Kiddush and "Oneg" to the meal and so the pasuk means, in the place of Oneg one should have Kriyah. Shulchan Aruch 273:4 and Kitzur Shulchan Aruch 77:14 codify this as the halacha.</ref> This applies both for the nighttime and daytime Kiddush.<ref>Kitzur Shulchan Aruch 77:14</ref>
# One should begin to eat something immediately after [[Kiddish]]. After the fact, as long as one had intent to eat immediately one doesn't need to make [[Kiddish]] again even if one made a long interruption and had a Hesech HaDaat (interruption of thought). However, if one didn't have intent to eat right away and then made an interruption of 72 minutes a new Kiddush is needed. <ref> Preferably, Rama 273:3 writes that one should make one's meal immediately after [[Kiddish]]. Mishna Brurah 273:12 explains that preferably, one should eat one's meal right after [[Kiddish]] without waiting. However, Bedieved, Mishna Brurah 273:12 and Piskei Teshuvot 273:3 based on Aruch HaShulchan 263:1 write that one shouldn't make a new [[Kiddish]] even if one had a long break or made a change in place and returned to the place of the [[Kiddish]]. On the other hand, if one didn't have in mind to eat immediately and then made an interruption, Mishna Brurah 273:14 writes that a new Kiddush is needed. Halichot Olam (vol 3, pg 3) defines this interruption as 72 minutes. </ref>
## Even though Kiddush should be recited immediately prior to the meal, if there is a halachic need related to the meal to delay it, it is permitted. For example, the Kiddush at the seder on Pesach is made much in advance of the meal but it is acceptable since the Maggid is a necessary prerequisite to the meal.<Ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=15 (Kol Sinai Tevet 5724 p. 15)] writes that Maggid doesn't make the Kiddush before the meal not adjacent to the meal because the Maggid is necessary for the meal as we need to speak about the Matzah (Lechem Shonim Alav Devarim Harbeh). Halichot Shlomo of Rav Shlomo Zalman Auerbach (Moadim v. 2 p. 248 9:14) agrees and explains that the Maggid is intrinsically part of the meal and such was the establishment of chazal. See Rav Chaim Palagi Haggadah regarding how Maggid is an extension of Kiddush (like the Rif cited by Avudraham why there's no bracha on Maggid since Kiddush already fulfills the mitzvah of Maggid).</ref>
# In order to have [[Kiddish]] in the place where one eats and that the [[Kiddish]] is considered a proper [[Kiddish]], one must eat at least a [[Kezayit]] of [[mezonot]], bread, or a reviyit of wine. <ref> Shulchan Aruch 273:5 writes in name of the Geonim that one can fulfill the obligation to eat in the place of where one makes [[Kiddish]] by eating bread or wine. Magen Avraham 273:10 and Mishna Brurah 273:21 rule that a [[Kezayit]] is needed to fulfill this obligation. Mishna Brurah 273:25 comments that certainly [[mezonot]] fulfills the obligation as it's more significant than wine. Mishna Brurah 273:25 writes in name of Hagahot Rabbi Akiva Eiger and Tosefet [[Shabbat]] that wine doesn't fulfill one's obligation according to many and so one should only rely on this in cases of need. Piskei Teshuvot writes that it seems that there's a dispute between the Magen Avraham 273:11 and the Shaarei Teshuva 289:1 whether one can fulfill one's fulfill with [[mezonot]] that's not Pat HaBah Bekisnin. The Mishna Brurah 273:25 holds like the Magen Avraham and one can fulfill one's obligation by having any [[mezonot]]. Shemirat [[Shabbat]] KeHilchato 52:24, Sh"t Az Nidabru 8:31, Kiddush KeHilchato (pg 195), Sh"t Or Letzion (vol 2, 20:28), and Yalkut Yosef ([[Shabbat]] vol 1 pg 196; Halichot Olam (Vol 3, pg 1)) agree. </ref> Even though theoretically this applies also at night, one should be strict at night not to rely on this.<ref>Rav Ovadia Yosef in [http://www.hebrewbooks.org/pdfpager.aspx?req=25473&st=&pgnum=13 (Kol Sinai Tevet 5724 p. 13)] writes that since some disagree with the geonim we shouldn't rely on them at night when Kiddush is Biblical.</ref>
# If someone is reciting kiddush in one room and someone else is hearing the kiddush in another room if the person listening to the kiddush is going to eat his meal in the room where he is that is considered kiddush in the place of the meal. The reason is that the one fulfilling his obligation of kiddush needs to be in the room where he is going to eat his meal and not where the person making kiddush is.<ref>Maharam Chalavah Pesachim 101a explains that they used to make kiddush in shul and people in a nearby room would hear the kiddush and fulfill their obligation and eat there. It is considered kiddush in the place where they're going to eat since they're fulfilling their obligation and they're the ones eating. The location of the making kiddush doesn't impact that. Tosfot Pesachim 101a s.v. dochlu implies otherwise. Nonetheless, the Bet Yosef 273:6 cites the Rabbenu Yerucham, Smag, and Hagahot Maimoniyot who agreed with Maharam Chalavah. Shulchan Aruch OC 273:6 holds like Maharam Chalavah. Rabbi Akiva Eiger 273:2 explains that those listening to the kiddush are like making kiddush themselves.</ref>

== Women ==
# The Mitzvah of Kiddush is unique in that women are obligated even though it is a Mitzvat Aseh She’Hazman Grama, based on a Talmudic derivation that since women are obligated by the prohibitions of [[Shabbat]], they are also obligated in the positive commandments of the day.<ref>On [[Berachot]] 20b, Rava says that women are obligated in [[Kiddish]] on a Deoritta level because the torah compares the positive and negative commandments of [[Shabbat]] by switching the terms "Zachor" and "Shamor" implying that anyone who is obligated in the negative commands is also obligated in the positive ones. Shulchan Aruch 271:2 and Kitzur Shulchan Aruch 77:4 codify this as the halacha. A woman's obligation applies both at night (Mishna Brurah 271:3) and during the day (Mishna Brurah 289:6). Maharam Chalava pesachim 106a "bayom mai" disagrees and says that women aren't obligated during the day </ref>
# Since women are obligated on a biblical level, they should either listen to their husband or hear another adult make [[Kiddish]] and answer [[Amen]], or say it themselves. <ref> Since women are obligated in [[Kiddish]] on a biblical level, they can definitely make [[Kiddish]] for themselves. Additionally since a man is obligated, a women can fulfill her obligation with the man's [[Kiddish]] as they both have a Deorittah obligation. According the Magen Avraham that one fulfills the Deorittah obligation in [[prayer]], if a man and women have both already prayed, they can fulfill each other's obligation since they have equal obligations. However, if the man prayed and the women didn't, then the man is obligated on a Rabbinical level and the women is obligated on a Biblical level. If so, Rav Yechezkel Landau in Dagul Mirvavah 271:2 asks, whether the women can't fulfill her obligation with the man's reading, or perhaps she can because nonetheless, men are able to fulfill the obligation of others using Arevim Zeh LaZeh (the side is also not definite because the Rosh ([[Brachot]] 3:13 last line) writes that women aren't included in Arevim). He leaves it unanswered and the Kitzur Shulchan Aruch 77:4 writes that it's preferable that women say the [[kiddish]] along with the one making [[Kiddish]] so that they are fulfilling their own obligation. However, the Sh"t Rabbi Akiva Eiger 1:7 argues that certainly women are included in Arevim Zeh LaZeh (and explains that the Rosh was talking about mitzvot that women are exempt from) and so a man with a Derabbanan obligation can fulfill a woman's obligation even if she is has a Deorittah obligation. Aruch HaShulchan 271:6 and Chazon Ovadyah ([[Shabbat]] vol 2 pg 24) concur. </ref>
# Technically a woman can fulfill the obligation of her husband and family though it isn't advised. <ref> Shulchan Aruch 271:2 writes that since women are obligated in [[Kiddish]] on a Deorittah level, they can fulfill the obligation of a man who also has such an obligation. Even though the Maharshal and Bach argue with this, the Taz, Magen Araham, Gra, Mishna Brurah 271:4 all agree with Shulchan Aruch that a women can fulfill the obligation of a man. Nonetheless, Eliyah Rabbah, Derech Chaim, and Mishna Brurah 271:4 write that it's preferable that a women not fulfill the obligation of men not in her family because it's not entirely appropriate. </ref>

==Children==
# Once a child has reached the age of [[chinuch]], they are required to hear the kiddush on [[Shabbat]]. Therefore in the event that the child did not hear kiddush, an adult may repeat kiddush on his behalf, even though the adult had already fulfilled this own obligation. <ref> Children in Halacha pg. 39 </ref>
==Sitting or standing for Kiddush==
# Many have the practice to sit for Kiddush, however, some have a Minhag to stand for [[Kiddish]]. <ref>
* (1) Sources that one should sit: Tosfot 43a writes that to be included in [[Kiddish]] one should sit. [Additionally, from the discussion of the Rambam (Hilchot Succah 6:12) writes that one the first night of [[Sukkot]] one should say the [[Kiddish]] standing so that one can make the bracha of LeShev BaSukkah before sitting down, implying that during the rest of the year one should say [[Kiddish]] sitting.]
* (2) Reasons one should sit: Mishna Brurah 271:46 brings the reason of the Kol Bo that one should sit as a part of [[Kiddish]] BeMakom Sueda making [[Kiddish]] in the place one will eat, and the reason of the Gra that because sitting represents an established setting and one is able to fulfill the obligation of others only is such a setting. Mishna Brurah extrapolates from the Gra's reasoning that even those who listen should preferably sit, and if they are not only standing but even moving here and there during [[Kiddish]] one certainly doesn't fulfill his/her obligation. Chaye Adam ([[Shabbat]] 6:13) writes that it's preferable to sit during [[Kiddish]] so one can see the cup (like the Rama writes 271:10 that one should look at the cup) and one's family as one makes [[Kiddish]].
* (3) Practices: Therefore, Shulchan Aruch 271:10 rules that one should stand for Vayichulu implying that one should sit for the rest of [[Kiddish]]. However, Arizal (quoted by Aruch HaShulchan 271:21) held one should stand for [[Kiddish]] out of respect for the [[Shabbat]] queen (similar to the reason Ashkenazim stand for [[Havdalah]], see Mishna Brurah 296:27). Lastly, Rama 271:10 writes that one is permitted to stand for the entire [[Kiddish]], but it's preferable to sit for [[Kiddish]]. Sh"t Igrot Moshe 5:16 writes that even the Rama only writes that it's permissible to stand for [[Kiddish]] but preferably one should sit, and so if one doesn't have a custom one should follow the Shulchan Aruch. </ref> Nonetheless, one should stand for Vayichulu. <ref> Shulchan Aruch 271:10 rules that one should stand for Vayichulu. Mishna Brurah 271:45 explains that the one should stand for Vayichulu because it acts as a testimony which in court would require one to stand. Rama 271:10 writes that the Minhag was to sit for Vayichulu except for the beginning of Vayichulu (during the words of Yom HaShishi Vayichulu HaShamayim because the first letter of those words spell Hashem's name). Mishna Brurah 271:47 explains that one can sit for Vayichulu because once one stood while it's said in Shul it can be said seated during [[Kiddish]]. Nonetheless, Mishna Brurah 268:19 writes that the minhag is like Shulchan Aruch to stand for Vayichulu. See further Rabbi Lebowitz's article on [download.yutorah.org/2009/1109/735392.pdf yutorah.org].</ref>
# For [[Shabbat]] day, the accepted custom is to sit. <ref> Rav Moshe Shternbuch (Teshuvot V’hanhagot #254) writes that even those who stand for Friday night Kiddush should sit for [[Shabbat]] day [[Kiddish]] because the reason of standing for Vayichulu and continuing doesn't apply as there is no Vayichulu, nor is there a [[Shabbat]] queen to greet. </ref>
# For [[Yom Tov]] Kiddush, many have the custom to sit, <ref> Sh"t Igrot Moshe 5:16 writes that the only reason to stand the entire [[Kiddish]] on [[Shabbat]] is because once one is standing for Vayichulu one can continue standing for the rest of the [[Kiddish]], however since there's no Vayichulu on [[Yom Tov]] one must sit according to all opinions. </ref>but some have the practice to stand.<ref>Aruch HaShulchan 271:24, Nitei Gavriel ([[Yom Tov]] vol 2, 29:18</ref>

==What to use for Kiddush?==
# One should use a full cup<ref>Gemara Brachot 51a, Shulchan Aruch 271:10. [http://www.yutorah.org/lectures/lecture.cfm/799059/Rabbi_Hershel_Schachter/Hilchos_Shabbos_4_-_Inyonei_Kiddush_and_Havdalah Rav Schachter ("Hilchos Shabbos 4", min 33-5)] based on Rabbenu Yonah holds that if the cup is two thirds full it is considered full.</ref> of wine for Kiddush. Some say that grape juice is considered equally suitable as wine<ref>Yachava Daat 2:35 writes that one can use grape juice for kiddush. Or Letzion 2:20:18, Yesodei Yeshurun 3:214-215 and Mishneh Halachot 13:38 agree. [http://www.yutorah.org/lectures/lecture.cfm/799059/Rabbi_Hershel_Schachter/Hilchos_Shabbos_4_-_Inyonei_Kiddush_and_Havdalah Rav Schachter ("Hilchos Shabbos 4", min 90-2)] quotes Rav Moshe as allowing grape juice for Kiddush but saying it is best to avoid the dispute. An [http://www.torahlab.org/doitright/using_grape_juice_for_kiddush/ article on TorahLab.org] writes that the majority of poskim hold grape juice is fit for Kiddush.</ref>, while others disagree.<ref>Shemirat Shabbat Kehilchata 53:2 citing Rav Shlomo Zalman Auerbach concludes that preferably one shouldn't use grape juice for kiddush. Laws of Brachos p. 316 writes that one shouldn't use grape juice for kiddush.</ref> Regarding grape juice from concentrate see [[Grape_Juice_and_Wine#Beracha]].
# It is better to use red wine for Kiddush.<ref>Mishna Brurah 271:10</ref> If one has white wine it is preferable to use it for Shabbat day as opposed to Kiddush on Friday night.<ref>[http://www.yutorah.org/lectures/lecture.cfm/798611/Rabbi_Hershel_Schachter/Hilchos_Shabbos_3_-_Choleh_BeShabbos_&_Kiddush Rav Schachter ("Hilchos Shabbos 3" min 73)] quoting Rabbi Akiva Eiger</ref>
===If there is no wine or grape juice===
# If one doesn't have wine on Friday night, kiddush should be recited on the bread and one should keep one's hands on the bread throughout the kiddush. <ref> Shulchan Aruch 272:9 writes that some say one should say kiddush on chamar medina, some say not to say kiddush at all, and some who say that bread should be used for kiddush because of its importance. Rama 279:2 comments that the minhag is like the last opinion. Kaf HaChayim 272:50 and Yalkut Yosef 272:16 write that Shulchan Aruch holds like the last opinion. Mishnah Brurah 272:28 says to put your hands on the [[challah]]. Rav Avigdor Neventzahl in his commentary on Mishna Brurah (Biyitzchak Yikare 272:28) says that one should actually hold the [[challah]]. </ref>
# If there's no wine available for [[Shabbat]] lunch one should use Chamar Medina for kiddush. If one doesn't even have Chamar Medina, one should just say hamotzi and eat the bread, and if he doesn't even have bread one may eat without [[Kiddish]]. <ref> Shulchan Aruch 289:2, Mishna Brurah 289:10. The logic behind not using bread for [[kiddish]] during the day is explained by Mishna Brurah 272:31 that if one were to recite the daytime [[kiddish]] over bread, it would be the same procedure as if he wasn't saying kiddush at all. Therefore, to make it apparent that we are saying [[kiddish]] also, we say a beracha that wouldn't normally be recited, even if that is a [[shehakol]]. As for the definition of chamar medina Mishnah Brurah 272:24 says that even beer is only permitted in a place where it is a common drink. Mishna Brurah 272:25 prohibits the use of milk or oil, and Mishna Brurah 272:30 permits the use of liquor. Rav Avigdor Neventzahl in Biyitzchak Yikare footnote 25 says that according to Rav Shlomo Zalman Auerbach milk is not allowed even in places where it is commonly used like Switzerland. He also says that juice, tea, or coffee maybe permitted but soda is definitely not because it is just like water. Rav Moshe Feinstein in Iggerot Moshe OC 2:75 defines chamar medina as something you would serve to guests who you want to show respect to. Also see [[Shevet Halevi]] 3:26 and 5:32 where Rav Vosner says even where you have wine, chamar medina can be used because in the times of the gemara, wine was far more widespread. Today however, most people do not drink wine so often so other drinks are not inferior to wine for [[kiddish]]. </ref>
# According to Sephardim, one should only use Chamar Medina for [[Shabbat]] lunch if the wine isn't available in the city but if it's just expensive one should use wine and not Chamar Medina. <ref>Yalkut Yosef ([[Shabbat]], vol 1, pg 289) </ref> According to Ashkenazim, if the wine is expensive one may use Chamar Medina for the daytime [[Kiddish]] and one who uses wine is fulfilling a preferred mitzvah. <Ref>Mishna Brurah 272:29 </ref>
# One may not use soda for [[Kiddish]] because soda isn't considered Chamar Medina.<ref>Sh"t Igrot Moshe 2:75 rules that soda is just like water and can not be used for [[Kiddish]].</ref>
# One may only make kiddush on wine that is proper for nisuch on the mizbeach, therefore, malodorous wine may not be used. However, malodorous wine can be fixed by adding other wine to it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 88 </ref>
# Ideally, one should not make kiddush on wine that has been left open overnight, nevertheless, one has fulfilled his obligation after the fact if he/she made kiddush on it. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 88 </ref>
# It is permissible to use wine that was left open as long as it was stored in a closet or refrigerator. <ref> Chazon Ovadia, Hilchot Shabbat, Chelek 2, Page 88 </ref>

==Mistakes in Kiddush of Yom Tov==
# In Kiddush of Yom Tov if someone said Mikadesh Yisrael and didn’t add Ve’hazmanim he didn’t fulfill his obligation.<ref> The Gemara Pesachim 117b has a dispute between the elders of Pumpedita and Rava in tefillah whether you should say Mikadesh Yisrael or Mikadesh Yisrael Vehazmanim on Yom Tov. In Kiddush everyone agrees that you should recite Mikadesh Yisrael Vehazmanim. Magen Avraham 487:1 writes that if in Kiddush someone only say Mikadesh Yisrael he didn’t fulfill his obligation. Kaf Hachaim 487:17 and Zichron Yonah Avodat Halevim 30:1 agree.</ref>
# In Kiddush of Yom Tov if someone said Mikadesh Hashabbat instead of Mikadesh Yisrael Ve’hazmanim he didn’t fulfill his obligation unless he fixed it within toch kdei dibbur.<ref>Regarding Tefillah, Shulchan Aruch 487:1 and Mishna Brurah 487:5 hold that the Shabbat conclusion doesn’t fulfill the obligation of the Yom Tov one. Mishna Brurah holds that it can be fixed within a toch kdei dibbur. Magen Avraham 487:2 implies that the same is true of kiddush. Zichron Yonah 30:2 writes so explicitly.</ref>
# If someone said the Yom Tov Kiddush for the main text of the bracha which mentions Yom Tov in the middle and then concluded with Mikadesh Hashabbat one doesn’t fulfill his obligation.<ref>Regarding Tefillah, the Magen Avraham 487:2 writes that mentioning Yom Tov in the middle is sufficient even with a wrong conclusion but he seems to retract that opinion. Mishna Brurah 487:4 concludes that one doesn’t fulfill one’s obligation. Zichron Yonah 30:2 applies this to Kiddush.</ref>
# If you forgot to say Shehechiyanu you can say it afterwards anytime during the Yom Tov, for Pesach and Sukkot until the end of the 7 days.<ref>Eruvin 40b, Mishna Brurah 473:1, Zichron Yonah 30:4</ref>
# In Kiddush of Yom Tov that fell out on Shabbat includes both Shabbat and Yom Tov. If one only said the kiddush of Shabbat or Yom Tov one doesn’t fulfill one’s obligation.<Ref>Shulchan Aruch 487:1 writes that if one said Shabbat kiddush on Yom Tov one doesn’t fulfill one’s obligation. Zichron Yonah 30:6 writes that if on Shabbat Yom Tov one said either the Shabbat or Yom Tov kiddush separately and not both one didn’t fulfill one’s obligation. Rivevot Efraim 4:117 agrees.</ref>
# If one said the middle of the kiddush correctly and in the conclusion he made a mistake and only mentioned Shabbat according to many poskim one fulfilled one’s obligation. If one said the middle of the kiddush correctly and in the conclusion he made a mistake and only mentioned Yom Tov according to many Ashkenazic poskim one didn’t fulfill one’s obligation but according to Sephardim one did fulfill one’s obligation.<ref>Regarding Tefillah there is a dispute between the Knesset Hagedola who holds that concluding with one of the two conclusions is sufficient and the Pri Chadash who disagrees. Biur Halacha 487:1 makes a compromise and says that if he mentioned Shabbat that is sufficient but if he only mentioned Yom Tov that is insufficient. Kaf Hachaim 487:20 holds that in all cases out of doubt he shouldn’t repeat the bracha. Zichron Yonah 30:7 applies this discussion to Kiddush.</ref>
# If one mentioned Yom Tov in Kiddush but not the specific one there’s a dispute if one fulfilled one’s obligation.<ref>Leket Shichacha Vtaut p. 397 writes that the Bet Yehuda 4 holds that one fulfills one's obligation if one mentioned Yom Tov but just didn't mention which Yom Tov it was, but the Mishna Brurah 427:11 holds that one doesn't fulfill one's obligation. Shemirat Shabbat Khilchata v. 2 p. 110 holds like the Mishna Brurah.</ref>
==Questions and Answers==
# Is it permissible to have [[Kiddish]] before [[Mussaf]]? [[Kiddush#eatingbeforemussaf|click here]]

== Sources ==
{{Reflist|2}}
[[Category:Brachot]]
[[Category:Holidays]]
[[Category:Pesach]]
[[Category:Shabbat]]
[[Category:Sukkot]]