The mitzvah of zechirat Shabbat, the mitzvah of mentioning the sanctity of Shabbat on the day of Shabbat is one of the mitzvot listed in the Ten Commandments. Although this mitzvah is generally associated with the obligation to recite Kiddush on Friday night, several components of the Ma'ariv prayer also relate to the mitzvah of zechirat Shabbat. This article will address the relationship between the Ma'ariv prayer and the mitzvah of zechirat Shabbat.

Can the Mitzvah be Fulfilled by Reciting the Ma'ariv Prayer?
The Gemara, Pesachim 106a, cites a Beraita that derives from the verse (Shemot 20:7) "Zachor et yom HaShabbat L'kadsho" that the mitzvah of zechirat Shabbat must be performed using a cup of wine. Although the Gemara does imply that there is a biblical requirement to use a cup of wine for Kiddush, Tosafot, ad loc., s.v. Zochreihu, note that the Gemara, Nazir 4a, states that on the Torah level, a nazir's prohibition of drinking wine is not in direct conflict with the mitzvah of Kiddush. This leads Tosafot to conclude that the Beraita never meant to cite the verse as a source for a biblical requirement to fulfill the mitzvah of zechirat Shabbat using wine. Rather, the Beraita uses the verse as a hint (asmachta) to the idea that wine should be used when fulfilling the mitzvah of zechirat Shabbat and the obligation to use wine is only rabbinic. [Tosafot's interpretation of the passage in Nazir is contingent on an emendation to the text of the Gemara as presented by Tosafot, Nazir 4a s.v. Mai.] Rambam, Hilchot Shabbat 29:6, also states that there is no biblical requirement to recite Kiddush using wine. Tosafot, Pesachim op. cit., alternatively suggest that the biblical mitzvah of zechirat Shabbat does in fact require wine. However, drinking the wine is not a biblical requirement and the only biblical requirement is to hold the wine while mentioning Shabbat. As such, the biblical requirement of Kiddush poses no conflict for the nazir.

Magen Avraham 271:1, rules in accordance with the Rishonim that are of the opinion that there is no Torah obligation to recite Kiddush using a cup of wine. He further suggests that one can fulfill the biblical requirement of zechirat Shabbat by reciting the Ma'ariv prayer. However, other Acharonim dispute Magen Avraham for a number of reasons. First, R. Akiva Eger, Glosses to Shulchan Aruch, ad loc., notes that there are other Rishonim who are of the opinion that there is a biblical requirement to use wine for the mitzvah of zechirat Shabbat. Second, the Gemara, Pesachim 117b, rules that the mitzvah of zechirat Shabbat includes a requirement to mention yetziat Mitzrayim. Minchat Chinuch no. 31, understands that this requirement is biblical in nature. He notes that since there is no mention of yetziat Mitzrayim in the Ma'ariv prayer, one cannot fulfill the biblical mitzvah of zechirat Shabbat by reciting Ma'ariv. Third P'ri Megadim, Peticha Kolelet 3:8, suggests that even if the biblical mitzvah of zechirat Shabbat does not demand the use of wine, the rabbinic requirement to recite Kiddush using a cup of wine was formulated such that if one does not use wine, he does not even fulfill the biblical mitzvah.

Mishna Berurah, Bi'ur Halacha 271:1 s.v. Miyad, notes that the question of whether one can fulfill the biblical mitzvah of zechirat Shabbat in the Ma'ariv service is significant for an adult who wants to fulfill the mitzvah of Kiddush by listening to the Kiddush of a minor. In general, one cannot fulfill a mitzvah by listening to someone else who is not obligated in that mitzvah (Mishna, Rosh HaShanah 29a). The same holds true for someone who wants to fulfill a biblical mitzvah by listening to someone whose obligation is only rabbinic (Gemara, Berachot 20b). A minor's obligation in mitzvot is only rabbinic. Therefore, an adult cannot fulfill a biblical mitzvah by listening to a minor (ibid). However, regarding Kiddush, if the adult fulfills the biblical mitzvah of zechirat Shabbat by reciting the Ma'ariv prayer (as per Magen Avraham's opinion), the obligation to recite Kiddush is only rabbinic and he can fulfill the mitzvah by listening to a minor.

Mishna Berurah notes that based on the three objections to Magen Avraham's opinion, one should not allow a minor to recite Kiddush on behalf of an adult, even if the adult already recited the Ma'ariv prayer. However, if the child reached the age of bar-mitzvah but signs of physical maturity have not been verified, one may allow that child to recite Kiddush on behalf of an adult that already recited the Ma'ariv prayer.

The Recitation of Vay'chulu
The Gemara, Shabbat 119b, states that one should include the paragraph of Vay'chulu (B'reishit 2:1-3) in the Ma'ariv prayer. Rabbeinu Asher, Pesachim 10:15, implies that recitation of Vay'chulu constitutes an enhanced fulfillment of the mitzvah of zechirat Shabbat. Tosafot, Pesachim op. cit., note that this paragraph is inserted into the Amidah of Ma'ariv. Rambam, Hilchot Shabbat 29:7, writes that this paragraph is recited immediately prior to Kiddush. Tosafot agree that one should recite Vay'chulu at Kiddush. However, according to Tosafot the reason why it is repeated is to allow those who did not yet recite Vay'chulu to fulfill this idea.

Tosafot then note that Vay'chulu is also repeated after the silent Amidah. The reason Tosafot give is that on Yom Tov, Vay'chulu is not part of the text of the Amidah. In order to allow for the recitation of Vay'chulu and still maintain consistency with the other Shabbatot, Vay'chulu was instituted after the silent Amidah of every Shabbat whether it coincides with Yom Tov or not.

Tur, Orach Chaim 268, quotes an opinion that the paragraph of Vay'chulu that is recited after the Amidah should be recited out loud and in the standing position because it is considered testimony to the fact that G-d created the world. This opinion is codified by Shulchan Aruch, Orach Chaim 268:7.

Taz, Orach Chaim 268:5, rules that since the purpose of the repetition of Vay'chulu is testimony, this can only be fulfilled if ten people recite it together. Mishna Berurah 268:19, notes that if one cannot recite Vay'chulu together with a minyan, it should be recited in pairs so that there is an eidut element to it. Mishna Berurah, Bi'ur Halacha 268:7, adds that one should expedite his own silent Amidah in order to recite Vay'chulu with the rest of the congregation.

Chazon Ish, Orach Chaim 38:10, disagrees with Mishna Berurah on multiple points. He notes that there are really two reasons to recite Vay'chulu after the Amidah. The first is because Vay'chulu is not included in the Yom Tov Amidah. The second is to serve as testimony to the creation of the world. According to the first reason, there is no requirement to recite Vay'chulu out loud, in the standing position or with a minyan. According to the second reason, the purpose of Vay'chulu is to publicize to the world the concept of the seven days of creation. This can only be fulfilled if a minyan recites Vay'chulu together. There is nothing gained by reciting Vay'chulu in pairs. In fact, Chazon Ish rules that one should not recite Vay'chulu in pairs because it appears as if there is a need for formal testimony regarding the creation of the world. Chazon Ish further notes that according to the second reason, the obligation to recite Vay'chulu is not incumbent on any individual, but rather an obligation on the congregation. Therefore, if an individual misses the public recitation of Vay'chulu, he is exempt from the repetition of Vay'chulu according to the second reason. The only reason for him to repeat Vay'chulu is to fulfill the first reason. However, according to this reason, Vay'chulu may be recited privately and there is no requirement for a minyan (or two people). Therefore, one should not expedite his own personal Amidah in order to recite Vay'chulu with the congregation because the merits of reciting the Amidah with the proper kavanah (concentration) clearly outweigh the need to recite Vay'chulu with the congregation.

R. Shlomo Z. Auerbach, (cited in Halichot Shlomo Vol. I 14:5) offers a solution that satisfies both the opinion of Mishna Berurah and Chazon Ish. If one knows that he will not finish his own Amidah before the congregation recites Vay'chulu, he should wait in his own Amidah at Vay'chulu and when the congregation recites Vay'chulu, he should say it together with the congregation. This will allow him to recite Vay'chulu together with a minyan without having to expedite his own Amidah.