KHH-#213- Kiddush at the Pesach Seder, Rabbi Eliezer Lerner

Kol Hashoneh Halachot #213

      R. Eliezer Lerner

Kiddush at the Pesach Seder

Grape Juice

For Kiddush during the year the Shulchan Aruch (O.C. 272:2, 8) permits using non-alcoholic or cooked wine. Accordingly, grape juice is not a problem. What is the halacha regarding Kiddush recited at the Seder?  Two issues need to be examined:

On Yom Tov there is a mitzvah of Simcha. The Gemara (Pesachim 109a) states: Ain Simcha Elah B’yayin. To fulfill the mitzvah of Simcha one needs to drink an alcoholic wine, not just grape juice. (Hilchot Chol HaMoed /Zichron Shlomo – Piskei Rav Moshe Feinstein. See, however, Halichot Shlomo, Moadim – Pesach, p. 217) Does the mitzvah to drink Four Cups need to fulfill the requirement of Simchat Yom Tov?  The Gemara (Pesachim 108b) states that if a person drank all Four Cups at once, he fulfilled the requirement of “yayin”, but not the requirement of the Four Cups. According to the Rashbam & Tosafot, the requirement of “yayin” refers to the mitzvah of Simchat Yom Tov. Tosafot further explains that one might have thought that one could not fulfill the mitzvah of the Simcha independently of the mitzvah of the Four Cups. The Gemara’s conclusion is that this is possible. (See, however, Mikra'ai Kodesh, Pesach, volume 2  chapter 35)

The Gemara (ibid.) also states that if one drank Four Cups of undiluted wine, he fulfilled the mitzvah of the Four Cups, but not the requirement of Freedom. [In the time of the Gemara, wine in its natural state was a strong thick syrup which was normally diluted with three parts water to one part wine.] The Rashbam explains that undiluted wine lacks importance and detracts from one completely fulfilling the mitzvah of the Four Cups. Rav Moshe Feinstein compares grape juice to undiluted wine (since both lack importance), & therefore concludes that one should not use grape juice for the Four Cups. (See Haggadah Kol Dodi, pp. 16-17) One could, however, distinguish between the two types of wine. The Rambam (Hilchot Chametz U’matzah 7:9) writes that the taste of the Four Cups should be pleasant to the palate of the one drinking. If so, one could argue that undiluted wine is objectively unpleasant, whereas many people enjoy drinking grape juice. (See Nefesh HaRav p.185; Halichot Shlomo, ibid.)

In practice, some Gedolei Yisrael (Brisker Rav, Chazon Ish, Tchebiner Rav) drank grape juice for the Four Cups. (Tshuvot V’Hanhagot 2:243).  Others (Rav Isser Zalman Meltzer, Rav Yaakov Kaminetsky, the Steipler) drank wine. (Haggadah: Arzei HaLevanon)  

Before Nightfall

According to the Gemara Brachot (27b), people are allowed to daven Maariv late Friday afternoon prior to sunset and recite Kiddush.  This is also the psak in Shulchan Aruch (267:2). Does the same apply to Kiddush on the first night of Pesach?

The Mishna at the beginning of the tenth chapter of Pesachim states that one may not eat in the later part of the afternoon of Erev Pesach until nightfall. Tosafot explain that the mitzvah of eating matzah on the first night of Pesach can be fulfilled only after nightfall. The Torah clearly states that the Korban Pesach must be consumed at night (V’achlu Et Habasar Ba’lyla Hazeh – Shmot 12:8) and the Torah also connects eating matzah to eating the Korban Pesach. The Shulchan Aruch (472:1) adds that one must refrain from reciting the Kiddush until nightfall. The reason, explains the Magen Avraham, is that drinking the Kiddush wine is part of the Rabbinic obligation to drink four cups of wine. If the Torah mitzvot (Korban Pesach, eating matzah) require waiting until nightfall, so does the Rabbinic mitzvah of the Four Cups. The Taz seems to offer an alternate explanation. Kiddush needs to take place at the time when one can fulfill the mitzvah of matzah. Why? Rav Soloveichik explains that the recitation of Kiddush is a partial fulfillment of the mitzvah of Sipur Yitziat Mitzrayim. That mitzvah can be fulfilled only during the time that there is an obligation to eat matzah. (Haggadah: Siach HaGrid)

Standing or Sitting

As is well known, there are different customs concerning standing/sitting for the Friday night Kiddush. Some stand for the entire Kiddush. Others sit for Kiddush. And there are many who stand for part of Kiddush & sit down in the middle. (See Shulchan Aruch O.C. 271:10)

The Gemara (Pesachim 108a) requires “hehsaiba” (leaning as a sign of freedom) for the mitzvah of Four Cups. According to the Meiri, this includes not only the drinking of the wine, but also the various parts of the Haggadah that are recited “over” the Four Cups, including Kiddush. The Tosafot & Rambam (Hilchot Chametz U’matzah 7:8) disagree, requiring “hehsaiba” only for the drinking.

A number of Achronim (Chok Yaakov 473:4; Igrot Moshe O.C. 5:16:8) write that even those who normally stand for Kiddush should sit at the Seder as a sign of freedom. (See Mishna Brurah 473:3) The Kaf HaChayim (474:2) & others, however, disagree.  

Reciting Kiddush Individually   

Common practice is for one person to recite Kiddush on Friday night on behalf of everyone. The participants who listen fulfill their obligation via Shomai’a K’oneh. This method is preferable because B’rov Am Hadrat Melech. (See Brachot 53a) Nevertheless, some have the custom on the night of the Seder that each person recites Kiddush. Why?

One possibility is that Kiddush is also a fulfillment of the mitzvah of Sipur Yitziat Mitzrayim and therefore each individual should recite Kiddush. This explanation, however, is somewhat lacking since the mitzvah of Sipur Yitziat Mitzrayim can also be fulfilled through Shomai’a K’oneh. (See Pesachim 116b; Rambam, Hilchot Chametz U’matzah 8:2)

This, however, raises the question why in many homes each person recites the Haggadah. One suggestion is that not everyone might have the proper kavannah necessary to fulfill the mitzvah via Shomai’a K’oneh. This then might also explain why the Kiddush is also recited separately. Why is this done only on the Seder night? One might suggest that on Friday night there often isn’t enough wine for each member of the family to recite Kiddush. But on Lail HaSeder, everyone already has their own cup to fulfill the Rabbinic mitzvah of the Four Cups, and therefore has the ability to recite their own Kiddush. An addition explanation may be found in the next discussion.

Women & Birchat Shehechiyanu

With the onset of Yom Tov, there is an obligation to recite the bracha of Shehechiyanu. Although the Gemara Eruvin (40b) states that the bracha can be recited even in the “marketplace”, the custom is to recite the bracha at the end of Kiddush. (See Pesachim 102b-103a) Nevertheless, many women have the custom to recite Shehechiyanu when lighting the Yom Tov candles. (See Mishna Brurah 263:23)

Shehechiyanu may be recited only once and a woman who said the bracha when lighting, may not repeat the bracha at Kiddush. What should a woman do if she is not reciting the Kiddush, but listening to a man’s Kiddush where the bracha will be said? May the woman answer Amen to the bracha of Shehechiyanu? After all, as far as she is concerned, this is an unnecessary bracha, and answering Amen might be considered an interruption between Kiddush & drinking the wine.

Rav Zvi Pesach Frank (Har Zvi O.C. 1:154) and Shmirat Shabbat K’hilchata (44:4) advise the woman to refrain from answer Amen. (This might be an additional explanation to the question posed above. In order to eliminate the possibility of an inadvertent automatic Amen response, the custom developed that everyone recites Kiddush. Of course, the women need to remember not to repeat the bracha of Shehechiyanu.)

However, Rav Moshe Feinstein (Igrot Moshe O.C. 4:101:1) & Rav Shlomo Zalman Auerbach (MInchat Shlomo 2:58:2) disagree. Answering Amen to a bracha that isn’t an interruption for the person reciting it is also not considered an interruption for the person listening.

Amount of Wine One Needs to Drink

Generally, one is required to drink K’malai Lugmav when reciting Kiddush. (This is the equivalent of a majority of a Rivee’it for the average person (Shulchan Aruch O.C. 271:13). According to Rav Chaim Na'eh, a Rivee’it is approx. 3 ounces. According to the Chazon Ish – approx. 5 ounces.)

How much does one need to drink from each of the Four Cups, including Kiddush? First we must clarify a basic point. During the year when one person recites Kiddush for many, it is not necessary for everyone to drink (although it is commendable). If the person reciting Kiddush (or at least one person listening) drinks K’malai Lugmav the mitzvah has been fulfilled (Shulchan Aruch O.C. 271:14). Does the same halacha apply to Seder Night?

Tosafot (Pesachim 99b) raises the possibility that Kiddush Lail HaSeder is like Kiddush Friday night. Only one person must drink. However, the Rambam (Hilchot Chametz U’matzah 7:7) & Shulchan Aruch (472) disagree. Everyone must drink. Shomai’a K’oneh works if the mitzvah is just to recite something (e.g. Kiddush Friday night). But if the mitzvah is to drink Four Cups, each individual must fulfill the mitzvah. Accordingly, the mitzvah is to drink each cup of wine or at least the majority of each cup. [The minimum size cup is a Rivee’it.] (See Shulchan Aruch 472:9; Mishna Brurah ad loc.)

The Chazon Ish (Seder HaAruch, chapter 45 note 18) would drink a full cup for the first & fourth cup, and a majority of the cup for the second & third. Why? One could suggest that he held that a majority of the cup suffices. However, we recite a bracha achrona on the wine after the fourth cup. If one drinks less than a Rivee’it, it’s questionable whether a bracha achrona may be recited. Therefore the whole cup (which is at least a Rivee’it) should be consumed in order to be certain that the bracha achrona is valid.

Why did the Chazon Ish drink a full First Cup? See the following discussion

Kiddush B’Makom Seudah

The Gemara Pesachim (101a) requires that Kiddush be recited together with a meal. Not only must the Kiddush & the meal be in the same geographic location, but the meal should begin immediately after the Kiddush. (Shulchan Aruch O.C. 273:3)

Seder Night presents a problem. Kiddush is at the beginning of the Seder, yet the meal does not begin until after Maggid. Generally, there is a long break between Kiddush & the Seudah. How are we properly fulfilling the mitzvah? The Shulchan Aruch (O.C. 273:5) brings the opinion of the Geonim that one can fulfill this mitzvah of Seudah by drinking a Rivee'it of wine. This might explain the Chazon Ish’s custom of drinking the entire First Cup. (See Shmirat Shabbat K’hilchata 47:9; note 58)

This issue, however, may not be so problematic. According to Rav Shlomo Zalman Auerbach (Minchat Shlomo 1:18:10), any interruption between Kiddush & the Seudah which is necessary for the Seudah is not considered to be an interruption. Sipur Yitziat Mitzrayim must take place when "Matzah & Maror are in front of you”, & therefore is not a hefsaik. Additionally, Rav Auerbach explains that one should not recite a bracha achrona on the Kiddush wine. The Kiddush is considered the introduction to the meal and therefore the wine will be included in the Birchat Hamazon recited after the meal. Reciting a bracha achrona right after Kiddush will signify that the Kiddush is not really connected to the meal. If so, one would be lacking the necessary requirement of Kiddush B’makom Seudah.