Okay, rabotai, my teachers, we’re in siman reish-ayin-alef, discussing kiddush (sanctification). Nobody argues that one has to make kiddush on Friday night or that one has to make kiddush on wine. The machloket, the argument, is whether this obligation is de’oraita, from the Torah, or derabbanan, rabbinic.
If you remember, yesterday we saw the shitot (opinions). We saw the shitat haRambam in the 29th chapter of Hilchot Shabbat, halachah vav, and he clearly said that it is miderabbanan. Kos yayin is derabbanan. Nobody argues, either, that zachor—it says, “Zachor et yom haShabbat lekadesho” (Remember the Sabbath day, to sanctify it)—means there is an inyan (matter) of mentioning Shabbat verbally. You mention it verbally in the amidah, the prayer. On Friday night, if you pray the amidah, you yotze, fulfill the obligation, de’oraita.
On the other side of the Rambam, we saw the shitat Rashi in Masechet Berachot. When it says there “mitzvat aseh shehazman grama (time-bound positive commandment),” Rashi says “lekadesh al hayayin” and calls it a mitzvat aseh. We saw the Ran. They brought a re’ayah from the Ran that he must also hold that it is de’oraita, because he asks: How could ner Chanukah override kiddush? When the Gemara said that you have enough for ner Chanukah or for kiddush, what did we say the Gemara said? “Ner Chanukah adif” (the Chanukah lamp takes precedence). How could ner Chanukah be adif, take precedence? Kiddush is de’oraita.
That was the Ran’s question: “What do you mean? How can you say Chanukah goes before kiddush? Kiddush is de’oraita; ner Chanukah is derabbanan.” So he answered, “No, don’t worry. You’re making it on the pat.” But you see what? It’s de’oraita, pat. From his question, we see that he holds it is de’oraita. So it’s a machloket. Midei machloket lo yatza.
We have to read one more paragraph, dalet, in the Aruch HaShulchan: “Vezeh leshon Bahag,” the words of Ba’al Halachot Gedolot. You see, rabotai, reish-ayin-alef dalet. The Bahag, one of the rishonim (early authorities), says: “Mechayevinan lekidushei.” You tumble the words—that’s how I read them; you tumble the words. “Mechayevinan lekidushei leyoma deShabeta o leyomei tava bitzelota.” You have to make kiddush in the tzelota, in the prayer, at night and in the morning, “ve’al kasa dechamra.” And what is a kasa dechamra? A cup of wine.
“Dichtiv: Zachor et yom haShabbat lekadesho, zochrehu al hayayin bechnisato. Mikan samchu chachamim lekiddush hayom min haTorah.” What does the Bahag hold, rabotai? No—medayek. “Mikan samchu chachamim.” It’s an asmachta (scriptural allusion). The rabbis relied on this verse, “Zachor et yom haShabbat lekadesho”: “Mikan samchu chachamim.” What does “samchu chachamim” mean? Just say, “Mikan de’oraita”—is chayav to make kiddush al hayayin. No, “samchu chachamim.” “Samchu” means it’s an asmachta. It’s derabbanan.
“Ein li ela”—let’s continue—“ein li ela Shabbat.” That’s amazing. “Chag HaMatzot minayin?” How do we know you have to make kiddush on Pesach? “Talmud lomar: Lema’an tizkor et yom tzeitkha me’eretz Mitzrayim.” “Tizkor,” “Zachor et yom haShabbat lekadesho,” “lema’an tizkor et yom tzeitkha me’eretz Mitzrayim”—that’s Pesach. “Chag HaShavuot minayin?” “Talmud lomar: Vezacharta ki eved hayita beMitzrayim.” “Chag HaSukkot minayin?” “Talmud lomar: Vezacharta.” Boom, boom, boom! He brought three pesukim: “Vezacharta,” “tizkor”—that’s the shalosh regalim. No! All those are whatever Shabbat is. Whatever he said—“mikan samchu chachamim”—understand?
“Ve’af al gav demit’akar bekidusha tzarich le’idkurei bitzelota.” Even though you mentioned kiddush, the sanctification of Shabbat, you have to mention it in the prayers, “uvevirkat hamazon” (Grace after Meals). Continue, continue. “Mai ta’ama?” How do you know you have to mention it in the prayers and in the birkat hamazon on Shabbat? “Zachor vezacharta, ki eved, terein kera’ei ketivei.” Basically, every zachor he finds, he learns another chiddush on it. One zachor is for kiddush, another is for birkat hamazon, one is for the amidah, and one is for Pesach, one for Shavuot, and one for Sukkot. “Ve’atu moadot yalfin” from Shabbat. How do we learn the moadot from Shabbat? “Mah Shabbat bitfillah ve’al hakos”—just as on Shabbat it has to be in the prayer and over the cup, “af Yom Tov bitfillah ve’al hakos.” “Ad kan leshono.”
Now, how come he didn’t learn Rosh HaShanah? What about Rosh HaShanah? We make kiddush. “Velo velo ka chashiv Rosh Hashanah, de’ein tzarich derashah, devehedya ikri zichron teruah.” Clearly, Rosh HaShanah is called zichron. What is this whole derashah of the Bahag? Every time he found a zachor, he added another holiday. But Rosh HaShanah clearly says the word zichron, so for sure you have to make kiddush on Rosh HaShanah. “Vechevan dehaderashah omer leshon zichron, peshita deRosh Hashanah dami bezeh leShabbat.”
Now here’s the line: “Umileshono mashma dehavi miderabbanan, sheharei omer, mikan samchu.” Rabotai, is everybody awake today? Okay, good. “Mikan samchu.” You see “mikan samchu”? That means what? Miderabbanan. All right, do you include the whole kiddush, not just al hayayin? Everything? Kiddush. Yes, kiddush.
“Ve’od, demashvei Shabbat leYom Tov.” Not only that, but the Bahag compared Shabbat to Yom Tov, “vekiddush beYom Tov vaddai dehavi miderabbanan.” Nobody argues about that: kiddush is derabbanan, “kemo shekatav haMaggid Mishneh sham, din yud-tet.” “Metukan yud-tet,” if you change it. So add the Bahag to the list of miderabbanan rabbis.
So now, halachah lema’aseh (practical halachah): Is kiddush al hayayin de’oraita or derabbanan? I don’t know how you would answer that question. The only way you can answer it is: machloket rishonim. If you just look at your Mishnah Berurah as a reference—in reish-ayin-alef, I’m not going to read it, it’s too long—you’ll see what kind of question this is. Open reish-ayin-alef in the Mishnah Berurah, and look at the Bi’ur Halachah. Look at the first Bi’ur Halachah miyad. You see how long it is? Turn the page; it goes the whole way down. You never saw a Bi’ur Halachah like this. It’s incredible. And what is all this back and forth? Yes, de’oraita; not de’oraita; yes, derabbanan; rishonim. And lema’aseh? No, bedi’avad, safek lo yatza (doubtfully fulfilled). You can’t answer the question, because it’s—
So you’re going to ask me, “Okay, what’s the difference, Rabbi? De’oraita, derabbanan—I still have to go to shul on Friday night, and I still have to pray.” Okay, no problem. Open the Ben Ish Chai, shanah sheniyah, parashat Bereshit. Yes, sir. Open the Ben Ish Chai, Bereshit, yud. Bereshit, yud. Let’s see what the great Ben Ish Chai says, Rabbenu Yosef Chaim of Baghdad. Sammy Esses, are you with us? Do you want to read it, honey?
“Mitzvat aseh min haTorah lekadesh bidevarim, shene’emar: Zachor et yom haShabbat lekadesho. Uferashuhu: Zachrehu zichirot Shabbat bekiddush. Vezeh tzarich lezochro bechnisato, bechnisato bekiddush, uviytzi’ato behavdalah.”
First he says what nobody argues about: you have to mention Shabbat verbally when you enter it and when you leave it, zachor. Here it says, “zachrehu zichirot Shabbat bekiddush,” which sounds like even kiddush is de’oraita. Then he says, “veyesh omerim shehavdalah midivrei soferim, ve’ein tzarich min haTorah ela bechnisato.” Some say, “No, havdalah could be miderabbanan, as we’ll see, but the main thing is entering Shabbat.” “Velachen min haTorah yotze adam yedei chovato bitfillat Arvit Shabbat.” Oh, now he’s clear: “Min haTorah yotze” in the tefillah of Arvit. And then, “verak chachameinu zichronam liverachah tiknu lekadesh al hayayin.” Beferush: the Ben Ish Chai says that the rabbis instituted doing it over wine.
“Mihu yesh omerim kol sheyesh lo yayin eino yotze min haTorah yedei chovat kiddush bitfillah.” But some say no: if you have wine, kiddush is de’oraita. “Gam yesh omerim kol she’eino mechaven bitfillah latzet yedei chovat kiddush eino yotze min haTorah.” Another problem. Some say that if you didn’t have kavanah (intention) in the amidah—which most people probably don’t; they’re just praying, and didn’t have kavanah to yotze the de’oraita—it also doesn’t count.
So he also says “yesh omrim”; he didn’t tell you what he holds. “Uvehalachah lema’aseh”? It doesn’t say. He just gives you shitot. No problem.
We have our siddur, right? Fantastic. Now this is the amazing part of the siddur. If you look in our siddur, there’s a leshem yichud. I’m sure most of you guys, tzaddikim (righteous people), say leshem yichud. “Ashreichem Yisrael.” It’s a leshem yichud from the Ben Ish Chai. In our siddur it’s on page 489, from the Ben Ish Chai. Listen to the leshem yichud and to the problem we have here: “Leshem yichud Kudsha berich Hu ushchinteh, hineh anachnu ba’im lekayem mitzvat aseh de’oraita lekadesh et yom haShabbat.” De’oraita? “Mitzvat aseh de’oraita lekadesh Shabbat,” “ulkayem mitzvat aseh derabbanan lekadesh al hayayin.” “Al hayayin,” okay.
Ah, so he’s already ruling halachah in the leshem yichud? No, I understand what he’s saying. I don’t know what he’s saying. I thought it was a machloket. “No, but it’s a position, you know.” But in the Ben Ish Chai’s halachah, he didn’t take any position, chabibi! There he didn’t take any position. There he said “yesh omrim, yesh omrim, yesh omrim,” and here he comes and tells you flat out, “ulkayem mitzvat aseh derabbanan lekadesh al hayayin,” period! Rambam! He established a position. But there, in the halachah, he gave me shitot. No problem.
Continue, open the Ben Ish Chai, rabotai, kaf-tet. The same Bereshit? The same Bereshit. So tell him it’s derabbanan from the leshem yichud, at least. I don’t know why he committed. What was he talking about there? He said, “veyesh omrim sheyatza de’oraita bitfilah vekiddush hu derabbanan,” and, “veyesh omrim shezeh de’oraita.” In the halachah he didn’t commit.
Look at halachah kaf-tet, rabotai. It’s a big one, by the way. He tells you how to be Jewish on Friday night. Look what he says here. “Ve’achar kach yatchil.” You see it on page yod-alef, “ve’achar kach yatchil.” The paragraph? Yes. “Ve’achar kach yatchil beseder hakiddush, ye’areh me’at mayim vechulei, kodem sheyissod seder hakiddush yomar ‘leshem yichud Kudsha berich Hu ushchinteh, hineh anachnu ba’im lekayem mitzvat aseh de’oraita lekadesh et haShabbat.’”
I don’t know why it’s a mitzvat aseh de’oraita if he already prayed Arvit. Maybe he didn’t. Oh, are we talking about guys who didn’t pray Arvit? This is a normal guy. He’s saying leshem yichud, but he didn’t pray Arvit? The Ben Ish Chai says what to do—don’t pray Arvit? Who doesn’t know? He prayed Arvit. Of course he prayed Arvit. So, “hineh anachnu ba’im lekayem mitzvat aseh de’oraita lekadesh et haShabbat,” which we probably fulfilled de’oraita in the tefillah, according to some shitot, “ulkayem mitzvat aseh derabbanan lekadesh al hayayin kemo shepeirshu raboteinu zachor et yom haShabbat.”
So this is the leshem yichud. Chacham Ovadia is upset with this leshem yichud. This is the paper I want you to read today. What you’re going to read today is from Halichot Olam, the Rabbi’s book on the Ben Ish Chai. Oh, sorry. Look what he says at the top, under halachah, me’ikar hadin. Jack, are you reading? “Me’ikar hadin ein tzorech lomar kodem hakiddush leshem yichud.”
So first of all, he protects us Aleppians. He says you don’t have to say leshem yichud. You know, from achiya zeh? You don’t have to say it. “Why do I have to say leshem yichud?” It’s nice preparation for the mitzvah (commandment), because his shitah is that for any mitzvah that has a berachah (blessing), the berachah is the preparation. The berachah itself is the preparation. Before you put on tefillin, you make a berachah, so verbally you’re preparing for the mitzvah when you say the berachah. Though we make a berachah of this thing? We say what? You can say it, honey; you don’t have to say it.
Look what he’s saying: “me’ikar hadin ein tzorech lomar kodem hakiddush leshem yichud.” Why, Jack? Continue: “ki haberachah atzmah hi hakavanah shel hamitzvah.” Finished. The berachah itself is the kavanah. What, you need a verbal preparation? The berachah itself is the verbal preparation. What more do you want than that? “Vechen bechol hamitzvot shemevarech aleihem over la’asiyatan, haberachah atzmah hi hakavanah shel hamitzvah.” That’s the kavanah. That’s the preparation; that’s the kavanah.
“Mikol makom harotzeh lomar leshem yichud.” No problem, Mike; that’s for you guys. Like us, if you want to say leshem yichud, it gives you a little extra heck, gets you a little more excited. No problem. However, “lo yomar bo devarim hashuniyim bemachloket.” Bediyuk! But don’t say things in the leshem yichud that are subject to machloket. “Kegon she’omer leshem yichud vechulei hareni va lekayem mitzvat aseh min haTorah lekadesh vechulei.” “Veharei leda’at rov haposkim kvar yatza yedei chovah min haTorah bitfilat Arvit!” How could you say in the leshem yichud, “hareni ba lekayem mitzvat aseh de’oraita”?
He’s taking a—Not only is he taking a stand. Can anybody tell you that’s the bottom line? Maybe it’s not de’oraita. Maybe you already prayed Arvit. Maybe it’s derabbanan. “Vechen keshe’omer ulevasof al kos yayin veharei yesh omerim shekidush al hayayin...” They go the other way! And you took the position that yayin is derabbanan? Why? What about shitat Rashi? Shitat Rashi is de’oraita. So why did you commit?
Look at the bottom. At the bottom, he gives the interpretation. “Hineh.” You see those words? “Ha-Ramach, ha-Ramach.” See that word? “Ha-Ramach” in chaf-bet at the bottom. “Ha-Ramach”? Chaf-bet at the bottom. Yes, “hineh.” Leave the black words. The black words are just a quote from the Ben Ish Chai. “Hineh ha-Ramach.” Who’s ha-Ramach? The Ben Ish Chai. How does that stand for Ben Ish Chai? Right, “ha-Rav ha-mechaber,” the author.
“Atzmo katav le’el dechashinan lemi shesover sheyotzim yedei chovat kiddush min haTorah bitfilah.” Right! We saw yud-tet. In yud-tet, the Ben Ish Chai said that what? It’s possible that you were yotze. We saw in yud-tet that it could be you were yotze. So he himself suspects that maybe you were yotze in the tefillah. Therefore he says, “vechen badin sheken da’at kamah poskim rishonim ha-Rashba veha-” the Rid “besefer ha-Machria, vechach katav haMagen Avraham verov ha’achronim.” Good. Most acharonim say you were yotze.
“Ve’im ken, lamah leh le’ula’eh nafsheh biflugta.” Right! Why would he enter a plugta, a dispute? So that leshem yichud, by the way, is in all the siddurim. Chacham Ovadia has a—By the way, do you want to get a Chacham Ovadia siddur? “Ve’od ayen be-Bi’ur Halachah shekatav delo yatza miflugta.” Bingo! That’s the Bi’ur Halachah I showed you. “Bi’ur Halachah: lo yatza miflugta.” He says it’s still in limbo. You need Eliyahu ha-Navi to tell us which halachah to follow. It’s such a machloket.
“Bifrat”—yes, let’s see if it’s Chacham Ovadia. Is it Chacham Ovadia? Yes. That’s it. “Uchmo chen kidush al hayayin yesh omerim dehavei min haTorah.” Min haTorah. Whose opinion is min haTorah? Rashi. Rashi! Rashi in Masechet Berachot, as we saw. And who else says min haTorah? The Ran. So why did you say derabbanan? “Velachen shev al ta’aseh adif.” “Ela yomer kidush al hayayin.” Period!
What do you mean, no more kiddush? No kiddush? No, that’s not going to happen. But we need the other one. So this is a very, very important yesod that Chacham Ovadia is giving us here. By the way, sometimes more is less, because you’re adding more words here, and the words you’re adding detract. You’re detracting because it’s an argument. It’s a problem. So Chacham Ovadia says—and anyway, the whole leshem yichud was extra—Can I etch that out of my book? Etch it? I don’t know if you etch it, but I would put it in parentheses, so you know those words you shouldn’t say. We don’t have any Chavot Da’at, something like that? Wow.
“Lekayem mitzvat—” No, no, no! “Lekayem,” “lekayem,” “lekayem,” but why can’t you say mitzvat? Not aseh! Aseh is de’oraita! Sefirat ha-Omer. That’s his next line! That’s his next line here. When it comes to Sefirat ha-Omer, he’s bothered by the leshem yichud, because in the Sefirat ha-Omer it says, “hareni ba lekayem mitzvat aseh shel Sefirat ha-Omer.” Most opinions say that Sefirat ha-Omer bazman hazeh is derabbanan; some say de’oraita. So he says, “Hey! What are you committing to in the leshem yichud?”
Read the next line, Jack; continue reading: “Ve’agav yesh leha’ir kmo chen benosach leshem yichud Kudsha Berich Hu kodem Sefirat ha-Omer dehineh leda’at rov haposkim shebazman hazeh havei miderabbanan. Veha’omerim harenu ba’im lekayem mitzvat aseh shel Sefirat ha-Omer kmo shekatuv baTorah usfartem lachem mimacharat.” “Ela lomar lekayem rak et hamitzvot mitzvat Sefirat ha-Omer!”
So that’s what about if we had Sefirat ha-Omer mitzvat? That, I’m sure. That’s the shitah, and that’s the way we do the leshem yichud. If you’re going to say the leshem yichud, rabotai, you have to make this adjustment in it. Okay, that’s the first chiddush of the day.
Now we get into the next subject, which is very, very important. Let’s begin outside, and then we’re going to read the Aruch HaShulchan in halachah heh. Are ladies obligated in kiddush? “Mitzvot aseh shehazman grama.” Very good. Shabbat is, lech’orah, a mitzvat aseh shehazman grama; it comes from time, at the time. Kiddush is a mitzvat aseh: zachor, it’s a positive commandment. So Joey’s right. Logically speaking, it’s been drilled into our heads for a hundred years already: mitzvat aseh shehazman grama, ladies are exempt.
However, very good, David. The Gemara comes along and makes a derashah: since Shabbat is also a negative commandment, shamor is a negative commandment, and ladies are obligated in the negative commandments—and since zachor and shamor were said together, as we say in Lecha Dodi, “zachor veshamor bedibur echad” (Remember and observe were said in one utterance)—whoever is chayav, obligated, in shamor is chayav in zachor. The ladies who are chayav in shamor are chayav in zachor. Therefore, ladies are chayav in kiddush mide’oraita, like the men. So far, so good?
Okay, beautiful. In a perfect world, what would happen? The men go to shul and pray Arvit. So already, let’s say—we don’t know, but we have to take all opinions into account—let’s say he fulfilled his mitzvat aseh mide’oraita in the tefillah. Let’s say he had kavanah. I’m not going to make the guy a bad guy. He had kavanah; he knows, he came to the shiurim, and he said, “You know what? I’m having kavanah.” Let’s talk realistically: ladies don’t usually pray Arvit. Let’s be realistic. They read Shir Hashirim, they read Perek Shirah, what the chamor says, but they don’t always say Arvit. No problem. So the lady is still chayav in kiddush mide’oraita, correct? The man is only chayav miderabbanan. How do you make kiddush?
“Go slow.” Ah, very good! Let her make kiddush! We’ll see about that. But let’s talk about a normal world. What happens? The husband comes and makes kiddush. Nobody ever sat and thought for a second: hold on, we’re on different footing here, rabotai. The husband is only at the miderabbanan level. How could he be motzi somebody who is on a de’oraita level? But if you’re on a lower level, how could you be motzi somebody who’s on a?
Now, if the lady prayed Arvit, I’m not talking about that case: if the lady prayed Arvit, she’s a tzadeket, so she’s also de’oraita. Everybody at the table is miderabbanan; I have no problem. Or if nobody prayed Arvit, everybody’s de’oraita; I have no question. “Say Shabbat Shalom.” Oh, so do I have to do that, by the way? Do I have to say, “Hey, Shabbat Shalom”? Okay, no problem. Go slow. This is the setup I’m giving you so you understand how halachah works. She’s miderabbanan, he’s miderabbanan, and she’s de’oraita. They’re on different levels.
Now, if you’re going to tell me, “Oh, you’re right, Rabbi. Absolutely right, that’s a good point. A husband really could not make kiddush for his wife on Friday night,” then you’ve created a debacle in every Jewish home in Am Yisrael. Now what do we do for kiddush? You understand? If that comes out halachah lema’aseh, we’re all in trouble.
Okay, now begin the Aruch. Who’s going to read for us here? Sonny, do you want to read this? “Nashim chayavot bekiddush.” Is it chet or heh? “Nashim chayavot bekiddush hayom, devar Torah, af al pi shehi mitzvat aseh, mitzvat aseh shehazman grama, mishum de’itkash zachor veshamor. Vehani neshei, ho’il de’itanhu bishmirah, deshomer hu belo ta’aseh, velo ta’aseh, ve’af nashim metzuvot.”
The ladies are chayavot in shamor, so they are also included in zachor. Okay, “vechatav.” “Vechatav Rabbeinu haBeit Yosef bise’if bet, shemotzi’ot et ha’anashim.” Listen to Michael! Not only are they chayav, they can make kiddush for the men! They’re equal! Bediyuk! Kemotam! So if the lady wants to make kiddush on Friday night, she went to the enlightened yeshivot, they told her, “Equal rights, you’re like everybody else,” and she still has the tefillin marks on her arm from the morning, and she wants to make kiddush for the yeshivah, for the family, Maran Beit Yosef says, “You’re equal.” What do you mean? You can—“No, no, you’re on a lower level.” Not a lower level: de’oraita, de’oraita. No problem. But Maran Beit Yosef—not Conservative, chas veshalom.
Continue: “Va’afilu lehasovrim dekiddush al hakos miderabbanan, umide’oraita yotz’in bitfilah.” But even according to the opinion that says kiddush over the cup is only derabbanan, while the de’oraita is fulfilled through tefillah, “mikol makom shavim ha’anashim hanashim lechol hatikkun rabbanan ke’ein de’oraita, vegam nashim ken, demin haTorah yotz’ot bitfilah, ve’al hakos mechuyavot miderabbanan.” Good! So he says, “Don’t worry. Whatever you say about the men, you say about the ladies.” Just as it’s derabbanan for the men who prayed Arvit, it’s also derabbanan for the ladies who prayed Arvit. Therefore he says, “No problem.”
“Ve’im ken, omdim bechada darga.” What’s chada darga? They’re on the same step. “Lehotzi’am”—period! “Veyeshe sherotzim lomar she’einan motzi’ot anashim kemo Megillah vechaddomeh.” We’ll learn later, when we start learning hilchot Purim, whether ladies can read the Megillah for the men. He says there that the rabbis who were against ladies reading the Megillah were against it because the Megillah is usually read in public. It’s not mechubad for the tzibbur to have a lady get up and give her rendition of Megillat Ester in public. But kiddush—who makes kiddush in the house? Who’s making kiddush in the seminar? So that’s okay.
He says, “ve’eino ikkar,” “devesham keivan deverabbim hu, zila milta.” The Megillah is zila milta. It’s not mechubad to say it in public; it’s not kavod, whatever. “Vechen katvu nos’ei Shulchan Aruch.” Okay, so far, all this halachah has said that ladies are obligated, which I accept, and if ladies are on equal footing, for sure they can do it. They can be the mekaddesh, the mekaddeshet. Understand?
Okay, continue, Sonny. “Venir’eh lehorot. De’eimatai motzi’in zeh et zeh.” When do we say ladies can be motzi the men and the men can be motzi the ladies? When is all this said? “Keshesheneihem hitpallelu.” Ah! When they both prayed Arvit. So that means what? They’re on the same step. Or “sheneihem lo hitpallelu”—they didn’t pray, and therefore they’re on the same step. “Aval im ha’echad hitpallel vehasheni lo hitpallel, ein motzi yedei chovat mi shelo hitpallel sheyitpallel.”
That happens all day long: the husband prayed and the lady did not. “Ein motzi yedei chovat mi shelo hitpallel sheyitpallel,” according to the opinions that say people fulfill the de’oraita through tefillah. “Ve’im ken,” therefore, if you already prayed, “mi shehitpallel chiyyuvo rak miderabbanan,” while “umi shelo hitpallel chiyyuvo min haTorah,” “velo ati derabbanan u’mappik de’oraita.” It’s a problem.
Now we’re stuck, because if you’re going to tell me the husband is always derabbanan and most of the time the lady is de’oraita, “ulefi zeh lo matzanu yadeinu veragleinu bechol hamishpachot.” Now what are we going to do with all our families? “Shehaba’al habayit mekaddesh umotzi ishto uvnotav vechalotav, af al pi shelo hitpallelu.” That’s the Aruch’s question. How does this happen in all the Jewish homes of Yisrael? On Friday night the husband comes home. He doesn’t take a survey: “Okay, who’s derabbanan? Raise your hand. Who’s de’oraita? Raise your hand. Okay, we’ll wait for the other wives to go pray Arvit. We’ll start with all the guests: Did you pray Arvit yet? Did you pray Arvit yet?” He comes home and makes kiddush. How could it be?
So he says the famous rule. What’s the rule? Look at me, rabotai. The rule is, “Kol Yisrael arevim zeh lazeh”—all of the Jewish people are guarantors for each other. What does that mean? Very good question. I have no idea. “Kol Yisrael arevim zeh lazeh”—what does that mean? Right, that’s nice for a seminar: “Kol Yisrael arevim zeh lazeh,” and you sing together, “Hineh mah tov u’mah na’im shevet achim gam yachad.” But there are halachic ramifications.
All of the Jewish people are guarantors for each other. That means when we accepted the Torah al Har Sinai, I didn’t accept it only for myself; I accepted it as a guarantor for my friend, so that if my friend needs my help to do the mitzvah, I can help them do it even though I’ve already done the mitzvah. That’s what I’m telling you.
Halachah: I blew shofar (ram’s horn) on Rosh HaShanah. I blew the shofar; I’m done. Somebody comes along and says, “Rabbi, I didn’t hear shofar today.” What’s my obligation? I did shofar. My obligation is zero. What’s his obligation? Torah. Can I blow shofar for him? Yes. What do you mean? Mine is zero. How can a zero fulfill a de’oraita? “Kol Yisrael arevim zeh lazeh.” Since I’m obligated in shofar—meaning I had the chiyuv, obligation, on me; I’m not a monkey, I’m a human being, I’m chayav in shofar—I can blow the shofar a thousand times. Better, I can blow it 600,000 times. I can go to every house in Klal Yisrael...
Bediyuk. I can knock on the door: “Did you hear shofar today?” “No.” With berachot! With berachot! “But, Rabbi, you already did the mitzvah. You’re zero.” “Kol Yisrael arevim zeh lazeh.” I accepted two obligations: for myself and for Am Yisrael. Once you say there’s a law of “Kol Yisrael arevim zeh lazeh,” I have my answer. What do I care if the man is only derabbanan and she’s de’oraita? Even if the man were zero, he could be motzi! “Kol she-ken,” all the more so, if he’s only—because this is a mitzvah, and with mitzvot, even though you’ve already fulfilled your obligation, you can fulfill it for others. So there’s no problem with the husband making kiddush for the lady mi-din arvut.
“Say again: What din allows me to do this?” We thought—we didn’t know the din of arvut. We thought you had to be on equal levels: both prayed, or both didn’t pray. But if he prayed and she didn’t, there’s a problem.
I’ll tell you even better: he already made kiddush. He made kiddush and ate. He came home; his wife was upstairs, she wasn’t feeling well, and she came down: “Honey, could you make kiddush for me?” Now he’s zero. He’s not even derabbanan. It doesn’t matter: “Kol Yisrael arevim zeh lazeh.” “But is it better if she does it?” Not better; zero. “Kol Yisrael arevim zeh lazeh” is a din. No problem.
So look what he says inside: “Omnam ha-emet d’zehu rak b’virkat hanehenin u-v’virkat hamazon.” This is only when do I say I cannot fulfill somebody’s obligation? When it comes to a berachah on food, for example. I cannot say, “Rabbi, I want to drink the coffee. Say the berachah for me.” I’m sitting here without coffee in front of me. You have the coffee in front of you. I say, “Baruch Atah Hashem Elokeinu Melech ha-olam she-hakol nihyah bidvaro.” You drink, and I sit here. Okay, now I go back to the Gemara. No, you can’t do that. Birkat hanehenin, you have to have hana’ah. You cannot make a berachah.
Now, if I also have coffee in my hand, and you say, “Rabbi, make the berachah for all of us,” and we’re all drinking, of course. Beautiful. No problem, because that’s a mitzvah. Kiddush is a mitzvah. Kiddush is not birkat hanehenin. I answered your question. Listen to what I’m telling you; don’t confuse it. When it comes to kiddush, kiddush is a mitzvah. Therefore, the husband can make kiddush even though he’s on a lower level, and he can fulfill the lady’s obligation.
Continue: “Lachen b’virkat hamitzvot she-echad yachol l’hotzi et chavero af she-kvar yatza y’dei chovato.” Even though he already fulfilled his obligation. “Mita’am d’chol Yisrael arevim zeh ba-zeh kide’ita b’sof perek kama d’Rosh Hashanah v’lachen ish v’ishah yecholim l’hotzi zeh et zeh b’chol gavna.” Follow me so far, rabotai?
However, there’s an opinion of the great Yechezkel Landau. He wrote a sefer called Dagul Meravavah. Yechezkel Landau says a blockbuster chiddush. He says, “Yes, ‘Kol Yisrael arevim zeh lazeh’—that’s only men to men, not men to ladies.” The law of arvut doesn’t cross genders. Exactly.
So you’re stuck again according to the Dagul Meravavah. You’re right. We don’t—What, if we don’t hold “Kol Yisrael arevim zeh lazeh”? You’re right. Didn’t I tell you I can go from shofar to shofar to shofar, but not for a lady? He has proofs. “Oh, so how did he do it in his house?” Okay, according to the Dagul Meravavah, pray Arvit. He has to make this whole circuit, like you said, take a survey.
Now look what he says: “Deyesh mi sherotzeh lomar de’ishah einah bichlal arvut.” Oh my gosh. Even his own wife? Even his own wife, he’s talking about! Make that a she’elah of the sheva berachot, but bottom line, yes, even his wife. “Vedavar tamu’a hu.” Wow. So the Aruch says, “Whoa, davar tamu’a hu.” He’s not the only one who says “davar tamu’a hu.”
Rabotai, it’s your lucky day. Open up Shulchan Aruch. Open up these books over here, these big books. You’ve graduated into the big leagues. Congratulations to the class. Open up the Shulchan Aruch part of this book. What’s that, the end part? Reish-ayin-alef, right? Reish-ayin-alef. I’ll tell you where we’re going to read: the beginning of reish-ayin-alef in the Shulchan Aruch section. We’re going to read the opinion of a great rabbi called Rabbi Akiva Eiger. It’s on shin-yud-bet. Does anybody have the same book? Shin-yud-bet in the book here. Got it, Ronnie? Michael, are you good? Do you see “Haggahot Rabbi Akiva Eiger”? “Haggahot Rabbi Akiva Eiger” at the bottom there? Everybody find it? You got it? Page shin-yud-bet. “Haggahot Ra’a.”
There was a great rabbi from Posen, I don’t know, 200 years ago, Rabbi Akiva Eiger, gaon shebige’onim. Look what he writes here. “Besefer”—you see the top line? Dagul Meravavah. Who’s the Dagul Meravavah? Yechezkel Landau. “Katav de’ish shekvar hitpalel Arvit eino yachol lehotzi bekiddush le’ishah shelo hitpalelah Arvit, vehu eino mechuyav bedavar mide’oraita,” “de’af debirkat mitzvot im yatza motzi”—even though normally we say that if a person performed the mitzvah, he can fulfill it for somebody else—“ha ta’ama mishum dekulam arevim zeh lazeh.” The reason he can fulfill it for somebody else is “Kol Yisrael arevim,” as Rashi wrote in Rosh Hashanah. “Vaharei haRosh perek gimmel deBerachot de’ishah einah bichlal arvut.” He found a Ra’ash. He found a Ra’ash that says ladies aren’t part of this arvut, “lachen einah motzi’ah ela lemi shechiyuvo miderabbanan.” Finish. That’s the Dagul Meravavah. He quotes him. The point is, there’s a Ra’ash he found—we’ll have to see what this Ra’ash is talking about—but he found a Ra’ash that says ladies aren’t included in arvut. Have a good day.
Rabbi Akiva Eiger comes along and says, “Hold it, hold it. Let’s break it down slowly.” When you say ladies aren’t included in arvut, is that both ways, or is it one way? Maybe it means—Exactly. No, maybe we can fulfill their obligations, but they can’t fulfill ours. Right. Maybe men are type O: men can fulfill anybody’s obligation, man or woman, because we’re the men! It’s a question. A woman—I’m not leaving—but a woman, maybe it’s different. Maybe she can’t fulfill a man’s obligation when he’s on a higher level. If her kiddush was derabbanan and his was de’oraita, maybe she can’t go up. But maybe we can do it.
That’s what he’s going to say now: “Uvazeh yesh lehistapek,” Rabbi Akiva Eiger’s question: “deyesh lomar nashim ein arevim be’ad acherim,” maybe ladies can’t fulfill others’ obligations, “aval anashim arevim gam al hanashim, ayein sham.” I’m sorry, that’s part of the Dagul Meravavah. Yechezkel Landau himself goes back and forth: is it both ways, or is it one way? Do you follow so far?
“Ule’aniyut da’ati,” Rabbi Akiva Eiger comes and says, “according to my humble opinion, ein chiluk bein anashim lenashim le’inyan arvut.” He says, “What are you talking about? There’s no difference. ‘Kol Yisrael arevim zeh lazeh.’ Ladies to men, men to ladies; it doesn’t matter. Velo matzinu beshum duchta devenashim ein hadin de’im yatza motzi.” He says we never saw such a thing. We never saw such a thing.
Now he brings a proof from the Gemara in Berachot. Do you remember that Gemara? What was the story there? You have a Berachot there? Do we have a Gemara Berachot? Yes, get it. “No, we don’t have a broad, we’ve got a Get that out over there.” “Veharei gabei Yanai malka umalketa.” What daf is that? It’s in the—Yes. This is an amazing story, and Rabbi Akiva Eiger brings a proof from it. Let’s see. He doesn’t quote the daf, but let’s look here. What did you say, the sixth perek? Or is it in the birkat hamazon perek? Listen to the story there. Do you want to try to find it? Yes, just find it in two seconds.
Listen to the story: Yanai the king was sitting with his wife. They were eating bread. Rabbi Shimon ben Shetach came and sat with them. Huh? He was his brother-in-law, very good. So they’re sitting together now, three people. Two of them are eating bread, the king and his wife. The Rabbi wasn’t eating anything. They tell him, kavod, to make zimun (invitation to bless) for them. He makes zimun, then begins saying birkat hamazon for them.
So now the Gemara has a question: What are you talking about? How could he make the berachah for them? Daf mem-chet. “Yanai malka umalketa kerichu rifta bahadei hadadi.” They were eating bread together, having lunch. “Umidekatlinhu rabbanan lo havei inshei leberuchei lehu.” There were no more rabbis; they had killed all the rabbis. They were on a rabbi witch hunt. So they didn’t have any rabbi to make birkat hamazon for them. They didn’t have the sheets, they didn’t know it by heart, they didn’t have the credit card of the Ben Ish Chai, so they didn’t know how to make birkat hamazon.
What were they going to do? “Amar lah lidveiteih man yahiv lan gavra dimevarech lan.” He said to his wife, “Who will give us a man to make the berachah for us?” “Amrah leih ishtaba li.” She says to her husband, “Swear to me. I have a rabbi in hiding. If I bring him to you, you’re not going to kill him.” See? It’s all a setup. “De’i maitina lach gavra dela metza’arat leih”—you’re not going to torture the man if I bring him to you. “Ishtaba lah.” “Aititeih leShimon ben Shetach.” They brought him Shimon ben Shetach. “Achuha”—her brother. “Otbuh bein dideih ledidah.” They sat him between them.
“Amar leih chazit kamah yekara avidna lach.” The king said, “Look how much kavod we’re giving you.” “Amar leih lav at ka mokrat li ela Oraita.” He said, “You’re not giving me honor; Hashem is giving me honor; the Torah is giving me honor.” See, the rabbi isn’t even scared of the king.
Anyway, it says here, “Yahavu leih kasa leberuchei.” They gave him a cup to make birkat hamazon. Come on, make the zimun. So he says, “Amar heichi avarech baruch she’achal Yanai vechaverav mishelo?” What do you want me to say, “baruch she’achal Yanai”? I didn’t eat anything. You didn’t give me anything to eat. Sit down—you didn’t give me anything to eat. Come on, you make zimun. Zimun: “baruch she’achal Yanai.” “Shatyeih lehahu kasa”—he drank it. “Yahavu leih kasa achrina uvarich.” Okay.
So the Gemara asks, how did he make birkat hamazon for them? He didn’t eat anything. The Gemara says, “amar amar amar Rabbi Abba bereih deRabbi Chiyya bar Abba Shimon ben Shetach de’avad”—what he did in order to make birkat hamazon for them—“legarmeih hu de’avad.” He really did it to save his life. He really shouldn’t have made birkat hamazon. “Deha hachi amar Rabbi Chiyya bar Abba le’olam eino motzi et harabim yedei chovatan ad sheyochal kezayit dagan.” He has to eat at least a kezayit to be motzi. He didn’t eat anything.
Okay, so what does the Gemara mashma? If he had eaten a kezayit, whom could he have been motzi? The lady. Oh! If he eats a kezayit, he’s only chayav miderabbanan. They ate “kerichu rifta”; they may have been de’oraita. How could a derabbanan be motzi a de’oraita? From here Rabbi Akiva Eiger brings a re’ayah that a man fulfilling the obligation of a lady is certainly no problem. He hasn’t proved the other side yet. But man to lady is certainly no problem, and this Gemara is the heter to make kiddush for your wife on Friday night.
“This Gemara—” Which—“We knew this Gemara—” What do I care about the story? Because this Gemara allows you to make kiddush for your wife on Friday night even though you prayed and she didn’t. You see here that, when it comes to the law of arvut, the man is connected to the lady. No problem.
Look inside now. Read inside. He says, “Ve-hinei gabei Yanai Malka u-Malketa de-kherikhu rifta”—they ate lunch together—“mashma de-im hayah okhel Shimon ben Shetach kezayit,” if Shimon ben Shetach had eaten a kezayit, “shapir avadi”; it would have been fine. “Ah, ve-ha im nashim mechuyavot be-virkat ha-mazon de-oraita,” if the queen was chayav de’oraita, “eikh hayah yakhol lehotzi le-eshet Yannai de-hi mechuyevet mi-de-oraita ve-Shimon ben Shetach mi-de-rabbanan, ve-ha leit lei arvut?” How could he fulfill the obligation of Yanai’s wife if she was obligated de’oraita and Shimon ben Shetach only miderabbanan, if there’s no arvut?
“Zulat she-ne’emar”—unless you say—“de-nashim ein areivim le-acherim.” Maybe that’s what you want to say: men to ladies is certainly no problem; maybe the other way around is different, maybe ladies to men. He says, “Aval anashim areivim gam le-nashim.” “Im ken, al kol panim nifshat sefeko de-ha-Gaon ha-na’al.” At least we’ve answered the Dagul Meravavah’s question about whether it goes both ways: for sure it doesn’t go both ways. For sure a man can be motzi a lady, whatever level they’re on.
Then he says, “aval nir’eh.” The Dagul Meravavah quoted a Ra’ash, which sounds like ladies are not involved in arvut. So he’ll say this: you’re right. What the Ra’ash said outside, that ladies aren’t part of arvut, applies to a mitzvah that ladies aren’t obligated in. For example, the Megillah or certain mitzvot in which ladies only have a chiyuv derabbanan; that’s the limit of their obligation in the mitzvah. Men, for that same mitzvah, have a de’oraita obligation.
Since the maximum obligation of the lady is derabbanan, in that case a lady cannot be motzi a man, because she can never be at the de’oraita level; her limit is derabbanan. That’s what the Ra’ash was talking about. When her maximum connection to the mitzvah is derabbanan, she has no scenario in which she can be de’oraita. That’s when she can’t be motzi a man.
However, in kiddush, can a lady be de’oraita? Of course, she’s de’oraita. So even if she’s de’oraita and he’s derabbanan, there will be arvut, because she’s connected to that mitzvah just like the man is. Therefore he says the din of arvut applies both ways. That means even if the lady were the one who prayed Arvit and was derabbanan, while he was de’oraita because he didn’t pray Arvit, she would still be connected to the de’oraita. Is it possible for a lady to be chayav in kiddush de’oraita? Of course. Understand? The Ra’ash wasn’t talking about that. The Ra’ash was talking about a case where she has no de’oraita connection. What was that? Whatever, ayein sham. You’re talking about Megillah? Could be that she’s derabbanan and he’s, ayein sham, de’oraita. But understand—read it inside.
Read it inside: birkat hamazon, according to the opinions that say birkat hamazon is derabbanan for ladies. Look what he says: “Lakhen nir’eh li kavanat ha-Rosh.” Read inside—I mean, it’s a beautiful pshat. “De-arvut hayah rak le-gabei mi she-mechuyav be-mitzvah zo yehei arev al acherim.” If you say that ladies are de’oraita in birkat hamazon, “be-emet, im yatze’u motzi’in anashim,” then, if they fulfilled their obligation, they can fulfill the men’s obligation. No problem. They’re connected to birkat hamazon and can fulfill the man’s obligation. “De-kheivan de-shayakhim be-mitzvah zo, yeshnam gam be-din arvut.”
“Aval be-mitzvah she-ein chayavim bah,” that is, if ladies are derabbanan in birkat hamazon, “ein lahem din arvut.” Since, in kiddush, the ladies are de’oraita, there’s arvut. Ladies can fulfill men’s obligations, men can, and that’s Rabbi Akiva Eiger’s opinion. That’s how we hold, as he argues with the Dagul Meravavah.
Therefore, lema’aseh, you don’t have to be concerned when you come home and start worrying, at least when it comes to the man making kiddush. Rabbi Akiva Eiger says you have a clear re’ayah from Yanai malka. For sure the man has arvut no matter what; it’s possible that even the lady has arvut the other way if they’re on different levels. Therefore, you don’t have to do anything.
All these things that we say—do you have Chacham Ben Tzion here? You don’t have Chacham Ben Tzion? Chacham Ben Tzion, bet, do you have it? No. All these things Chacham Ben Tzion said are only le... lechumra. Look what Chacham Ovadia writes. Look what Chacham Ovadia Yosef says here. You see, Chacham Ben Tzion said—there we are; it’s on chaf-dalet. Chaf-heh, chaf-dalet, chaf-heh. Chaf-dalet, chaf-heh.
“Hanashim motzi’ot yedei chovat kiddush et ha’anashim.” Ladies can fulfill the men’s obligation of kiddush. We’re not recommending it, Sonny. The man is sick, chas veshalom. He can’t talk, he has laryngitis, he can’t move, but he has to make kiddush. “Ho’il vehen chayavot min haTorah bemitzvat kiddush kemohem.” “Veha’ish shekvar hitpalel Arvit”—ah, here we go, he prayed Arvit—“veyatza yedei chovat kiddush min haTorah,” possibly, “af al pi chen motzi yedei chovat kiddush et ha’ishah she’adayin lo...” Clearly, Chacham Ovadia says, like Rabbi Akiva Eiger, that the man can be motzi the lady even though he prayed Arvit. “Mishum shekol Yisrael arevim zeh bazeh, umitzad ha’arvut yachol lehotzi.”
“Ve’af ishah shekiymah mitzvat kiddush al hakos”—a lady who already made kiddush over the cup—“yecholah lehotzi yedei chovat kiddush et re’utah.” She can fulfill a friend’s obligation. “Dekayma lan kol berachah, birkat hamitzvot, af al pi sheyatza, motzi.” I don’t know why he says re’utah; we’ll have to see about re’utah. It could be anybody. Which means—“Because a male friend is not considered re’utah, her friend.” Yes, re’utah means a friend, a male friend. He said, “Just motzi, motzi anyone.”
Basically, the Rav says “Kol Yisrael arevim zeh bazeh,” like Rabbi Akiva Eiger, both ways, and therefore leit dan tzarich beshesh—you don’t have to be concerned. He comes along here with a long, long arichut, a lengthy discussion. What an arichut! We don’t have the ability to go through all these pages. Look how many pages are just on this. It doesn’t end here; this is one of his long teshuvot (responsa).
Then he comes along and says at the end, “Ulefi zeh haba’al shehitpalel eino motzi.” That’s what another rabbi wanted to say. He brings the Dagul Meravavah; let him go with—“Velachen nireh li ikar vehalachah lema’aseh venireh od shegam ishah shehitpalelah yecholah lehotzi yedei chovat kiddush afilu ish shelo hitpalel.” Finish. Arvut! He says, “keda’at lahakat ha’Acharonim shehiskimu ledivrei haGaon Rabbi Akiva Eiger.”
So Rabbi Akiva Eiger is a very important Rabbi Akiva Eiger. Because of that great rabbi, we are able to make kiddush for our wives and our front, and we don’t have to worry about arvut, not arvut. Very good, thank you.
Now, Chacham Ben Tzion discussed this dilemma. He came along and said, “ha’ish shekvar hitpalel Arvit shel Shabbat,” on daf kuf-ayin-tet in Ohr LeTzion bet, “veyatza yedei chovat kiddush min haTorah,” “ha’im yachol lehotzi yedei chovat ha’ishah shelo hitpalelah?” That’s the question: the man prayed, the lady didn’t pray; he’s derabbanan, she’s de’oraita. “Gam be’ofen sheha’ishah lo hitpalelah yachol haba’al lehotzi otah yedei chovat kiddush.” Finished.
Then he adds, “umikol makom, tov sheha’ishah tomar Shabbat Shalom.” Now what happens? Once she says Shabbat Shalom, she’s de’oraita; she gets de’oraita. She gets the upgrade. Wow! So he throws in the Shabbat Shalom item as a... Chacham Ovadia didn’t throw in Shabbat Shalom. Arvut, finished, see you later. Why did he say Shabbat Shalom? “Nechleku ha’Acharonim im ishah bikhlal arvut o lo.” Not—back and forth. I’m sorry, my mistake. I said Yonatan Eybeschutz; this is Yechezkel Landau, mechilah. The Dagul Meravavah is by Yechezkel Landau, the author of Noda BiYehudah, from Prague. Correct that for the record.
“Umikol makom, tov le’ishah latzet lechol lechol hade’ot shetomar Shabbat Shalom.” Ah! Wow. “Yerachem Hashem.” “Be’emet yerachem Hashem.” “Ume’atah keshetomar Shabbat shalom,” they’re equal. Chacham Ben Tzion. That’s probably what she says Shabbat Shalom anyway. Right. Okay, so he says, what if she said Shabbat Shalom but didn’t have kavanah? When you pray like that, you don’t have kavanah either, so you’re equal too. Bottom line, that’s his way of trying to solve it. But halachah lema’aseh, even if the lady didn’t say Shabbat Shalom, and you came home and all that, the man can be motzi yedei chovah. Vechen halachah lema’aseh.
“Baruch Hashem le’olam amen ve’amen” (Blessed is God forever, amen and amen).