Shulchan Aruch: Chapter 269 - Laws Pertaining to [Recitation of] Kiddush in Synagogue

SECTION 269 The Laws Pertaining to [the Recitation of] Kiddush in the Synagogue (1-4)

1 The Sages of the early eras ordained that Kiddush be recited over [a cup of] wine1 in the synagogue, in order that the guests who stay in the synagogue over Shabbos who do not possess wine may fulfill their obligation.2 They reside in rooms next to the synagogue and [begin] partaking of [their meals] there directly after [hearing] this Kiddush. This Kiddush is [considered to have been recited] for them in the place of their meal3 because at the time the sheliach tzibbur would recite this Kiddush, these guests would already be in their rooms. From there, they would listen to Kiddush and fulfill their obligation.4 The congregation, by contrast, do not fulfill their obligation with this Kiddush even if they have the intent to fulfill their obligation with it, because they do not hear it in the place where they partake of their meal.5

2 Although in the present era, there are no guests who spend the Shabbos in the synagogue [for whom it is necessary to recite Kiddush] to enable them to fulfill their obligation, it is still customary to recite Kiddush on wine in the synagogue. [The rationale is that a practice] ordained by the Sages is not nullified even if the rationale for which it was ordained is no longer relevant.6 An example is the one blessing that encapsulates seven7 that is recited even in the present era although our synagogues are located in inhabited areas, as stated in sec. 268[:15].

There are those who differ and object to maintaining the custom of reciting Kiddush in the synagogue in the present era, since guests no [longer stay in the synagogue. Indeed,] the custom of not reciting Kiddush in the synagogue has spread to many countries. Nevertheless, in these countries8 where it has been [continually] practiced, the custom should not be abolished, because fundamentally, the halachah follows the first opinion.9 [In fact,] one of the leading [sages] of his generation would customarily purchase from the congregation the mitzvah that he – and no others – would [provide] wine for Kiddush.10 Similarly, at present it is also customary in some countries to purchase this right for a generous sum. (This custom should not be abolished, because it was established by many Geonim.)

3 The person who recites Kiddush in the synagogue is forbidden to taste from the cup [over which he recites Kiddush. The rationale is that] he does not fulfill his obligation with this Kiddush11 and it is forbidden to taste anything before Kiddush.12

What should he do so that the blessing Borei pri hagafen 13will not recited in vain? He should have the cup [of wine] tasted by a child who has reached the age where he is being trained in the observance of the mitzvos. The child should listen to the blessing from him and fulfill his obligation14 in that manner. Thus the blessing will not have been recited in vain. [We are not concerned about the child violating the prohibition to drink before Kiddush,] for it is permitted to feed a child before the recitation of Kiddush both at night and during the day. It is forbidden to cause him aggravation [by depriving him]. The prohibition against directly feeding him food that he is forbidden to eat applies only when the food is inherently forbidden, e.g., non-kosher meat and the like.15 When, however, the food is inherently kosher, it is just that it is forbidden to partake of it at this time; it is permitted to feed it to a child.16 [This is evident from the license granted to] feed children on Yom Kippur which applies even to a child who would not be endangered if he fasts.17

If there is no child in the synagogue, the person who recites Kiddush or another person18 must partake of the wine. He should drink a measure for which one is obligated to recite a blessing afterwards, i.e., a reviis.19For there are authorities who maintain that by doing so, one fulfills his obligation for reciting Kiddush in the place of one’s meal, as will be explained in sec. 273[:9].20 Therefore, this person should have the intent of fulfilling his obligation through this recitation of Kiddush, since otherwise, it would be forbidden for him to taste anything before Kiddush. Although [he fulfills his obligation at this time], he may recite Kiddush again in his home in order to fulfill the obligation of his wife, his children, and the members of his household if they do not know how to recite Kiddush themselves, as will be explained in [sec. 273:6].21

4 It is customary to stand when the sheliach tzibbur recites Kiddush in the synagogue. The sages of the early eras taught that this helps relieve tiredness of the knees.