The Mitzvah of Kiddush on Shabbat Part II

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May 24 2006
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Last week's issue discussed the timeframe of Kiddush as well as the concept of Kiddusha Rabbah, the daytime Kiddush. This week's issue will focus on the types of wine that may be used for Kiddush as well as the permissibility of using non-wine items for Kiddush.

The Use of Cooked Wine for Kiddush
The Gemara, Baba Batra 97a, states that the wine that is used for Kiddush must be fit for the wine libations on the Altar of the Beit HaMikdash. The Mishna, Menachot 86b, states that cooked wine (yayin mevushal) is not fit for libation upon the Altar. As such, Rambam, Hilchot Shabbat 29:14, rules that one may not used cooked wine for Kiddush. Furthermore, Rashi, Teshuvot Rashi no. 88, rules that the proper beracha on cooked wine is Shehakol and not Borei P'ri HaGafen. Following either opinion would invalidate most kosher wines and grape juices which are both pasteurized and cooked.

What most people rely on is the opinion of Tosafot, Baba Batra 97a, s.v. Ileima, that the beracha on cooked wine is Borei P'ri HaGafen and one may recite Kiddush on cooked wine. While Shulchan Aruch, Orach Chaim 272:8, sides with the opinion of Rambam, Rama, ad loc., rules that cooked wine is valid is valid for Kiddush. Furthermore, Rama adds that even if one has non-cooked wine, but the cooked wine is better, one should use the cooked wine.

Mishna Berurah 272:23, does note that if the non-cooked wine is equivalent or superior to the cooked wine, it is preferable to use the non-cooked wine in order to fulfill the mitzvah according to Rambam. Nevertheless, R. Yehoshua Y. Neuwirth, Shemirat Shabbat KeHilchata ch. 47, note 91, suggests that if someone prefers to use cooked wine in order to avoid the prohibition of stam yeinam (the prohibition to benefit from non-cooked wine that was handled by a non-Jew), cooked-wine is, by definition, superior to any non-cooked wine.

Rav Ovadia Yosef, Yechave Da'at 2:35, suggests that although Shulchan Aruch rules in accordance with the opinion of Rambam, Sefaradim – who follow the rulings of Shulchan Aruch – may still recite Kiddush on cooked wine. His leniency is based on the opinion of R. Shimon Ben Tzemach, Tashbetz 1:85, who maintains that Rambam only invalidates cooked wine if the wine is worsened through the cooking process. R. Yosef feels that one may combine the opinion of Tashbetz with the opinion of Tosafot and allow recitation of Kiddush on cooked wine for Sefaradim based on the principle of sfek-sfeika (double-doubt).

Rama's leniency does not necessarily extend to pasteurized grape juice. The Gemara, Berachot 36a, states that the reason why a unique beracha of Borei P'ri HaGafen is recited on wine is due to its ability to provide simcha (happiness). Ostensibly, it is the alcoholic content of the wine that gives it its unique beracha. Grape juice, which is non-alcoholic, should not receive the beracha of Borei P'ri HaGafen. However, the Gemara, Baba Batra, 97a, states explicitly that one can recite Kiddush using the juice of freshly squeezed grapes. How does one resolve the apparent discrepancy?

R. Shlomo Z. Auerbach, Minchat Shlomo no. 4, suggests that the reason why the beracha of Borei P'ri HaGafen includes grape juice is because of its potential to ferment. Although this logic would not apply to pasteurized grape juice where the fermentation process is suspended, R. Auerbach claims that the pasteurization itself is not significant enough to remove the Borei P'ri HaGafen status from the grape juice. If, however, the grape juice is converted into concentrate (grape powder) and then reconstituted (by adding water), the new compound is considered significantly different than the original grape juice and since it doesn't have the potential to become alcoholic, the proper beracha is Shehakol. R. Yitzchak Weiss, Minchat Yitzchak, 8:14, disagrees with R. Auerbach, and maintains that one may recite Borei P'ri HaGafen on grape juice from concentrate.

Kiddush on Non-Wine Items
The Gemara, Pesachim 106b, records that Rav would sometimes recite Kiddush on bread instead of using wine. The Gemara, Pesachim 107a, also has a discussion regarding the use of other beverages for Kiddush. There are various opinions in the Rishonim regarding the propriety of non-wine items for Kiddush. Rabbeinu Tam (cited in Rabbeinu Asher, Pesachim 10:17) maintains that one cannot recite Kiddush using bread. Rambam, Hilchot Shabbat 29:9, permits the use of bread for Kiddush. However, Rambam ibid, 29:17, does not allow the use of other beverages for Kiddush. Rabbeinu Asher, op. cit., rules that if one does not have wine, he should use bread for Kiddush at nighttime and chamar medinah (a beverage that serves as a replacement for wine in that locale) for the daytime Kiddush. The reason he gives is that the most befitting item to use in place of wine is bread. Therefore, bread is the best replacement at the nighttime Kiddush. However, during the daytime, since the only beracha recited is the beracha on the item used for Kiddush, the HaMotzi recited as Kiddush will not be perceived as Kiddush, but rather as the start of an ordinary meal. Therefore, it is not proper to use bread for the daytime Kiddush and one should use chamar medinah.

Shulchan Aruch, Orach Chaim 272:9, and Rama, ad loc., rule in accordance with the opinion of Rabbeinu Asher. R. Ovadia Yosef, Yabia Omer Orach Chaim 3:19, notes that while Shulchan Aruch's ruling may provide the same conclusion as Rabbeinu Asher, perhaps it is due to a different reason. R. Yosef suggests that Shulchan Aruch doesn't totally disregard the opinion of Rambam that other beverages are invalid for Kiddush. Therefore, at the nighttime Kiddush, where recitation of Kiddush on other beverages would constitute a beracha l'vatalah (a blessing recited in vain) according to Rambam, one may only use bread as a replacement for the wine. However, at the daytime Kiddush, since the only beracha recited is the beracha on the beverage and there is no concern for beracha l'vatalah, one does not have to be concerned for the opinion of Rambam.

Chamar medinah is defined as a wine replacement for that locale. Rambam, Hilchot Shabbat 29:17 (who does allow chamar medinah for Havdalah), explains that the leniency of chamar medinah is only applicable in a place where most of the city drinks that beverage "as its wine." As such, Magen Avraham 272:6, rules that in a place where wine is available one cannot use chamar medinah as a wine replacement. Taz, Orach Chaim 272:6, justifies the practice of reciting Kiddush using chamar medinah. He claims that since wine is more expensive than chamar medinah, it is as if there is no wine available. Taz concludes that it is nevertheless a mitzvah min hamuvchar (a preferable way to perform the mitzvah) to use wine even if it is more expensive. Taz's opinion notwithstanding, Mishna Berurah 272:24, rules that even if wine is more expensive, one should not use chamar medinah for Kiddush.

There are those who have the custom to recite Kiddush on whiskey. This custom is most likely based on the ruling of R. Avraham Danzig, Chayei Adam, Hilchot Shabbat 6:18, who rules that one who prefers whiskey over wine may recite the daytime Kiddush on whiskey provided that the cup contains a revi'it (approximately 3.3 ounces) and that he drinks a cheekful of the whiskey. Chayei Adam does imply that even if whiskey is preferable to wine, there is still a mitzvah min hamuvchar to use wine. Chayei Adam's opinion is accepted by Mishna Berurah 272:30.

Rashbam, Pesachim 107a, s.v. Chamar, rules that water can never become chamar medinah. Based on this exclusion, contemporary Poskim discuss whether drinks such as coffee, tea, milk, juice and soda are considered chamar medinah (See Igrot Moshe, Orach Chaim 2:72 and Yabia Omer op. cit.). It should be noted that these drinks would most likely not be included in Chayei Adam's leniency to use chamar medinah. If one considers these drinks to be chamar medinah, their use would only be justified in a situation where there is no wine available.

Halacha:

References: Bava Batra: 97a  

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