Mishneh Torah (Moznaim)
Featuring a modern English translation and a commentary that presents a digest of the centuries of Torah scholarship which have been devoted to the study of the Mishneh Torah by Maimonides.
Mishneh Torah (Moznaim)
Featuring a modern English translation and a commentary that presents a digest of the centuries of Torah scholarship which have been devoted to the study of the Mishneh Torah by Maimonides.
Sefer HaMitzvot (Positive Commandment 155) and Sefer HaChinuch (Mitzvah 31) count this as one of the Torah’s 613 mitzvot.
Sefer HaMitzvot states: “With this mitzvah, we are commanded to make statements ... that acknowledge the greatness and glory of this day, and how it is distinguished from the days that precede it and those that follow it.”
Although the Sabbath is by nature a holy day, this mitzvah requires that we consciously—and verbally—acknowledge this holiness. As the Rambam mentions in Halachah 6, our Sages required that this acknowledgement be recited over a cup of wine. Nevertheless, according to the Torah itself, it is sufficient to make these statements in the prayer service.
As the Rambam states in Hilchot Avodat Kochavim 12:3, this mitzvah is incumbent on women as well as on men. This concept is derived as follows: In the first mention of the Ten Commandments (Exodus, Chapter 20), we are commanded to “remember” (zachor) the Sabbath. In Moses’ review of that event (Deuteronomy, Chapter 5), however, he uses the expression, shamor, “observe.”
Sh’vuot 20b teaches that these two terms were related by God “in a single breath”—i.e., they are two complementary expressions of respect for the Sabbath. Accordingly, all the individuals obligated to keep the mitzvah of “Observe” must also keep the mitzvah of “Remember.” Since women are obligated to keep the mitzvah of “Observe”—i.e., to adhere to the prohibitions against forbidden labor—they are also obligated to “Remember” the Sabbath (Berachot 20b ).
As the Rambam clearly states in Sefer HaMitzvot (loc. cit. ), his intent is that the mitzvah of remembering the Sabbath encompasses both kiddush and havdalah. The Maggid Mishneh cites opinions that maintain that the mitzvah to “remember the Sabbath” applies only at the commencement of the Sabbath, but not at its conclusion. According to this view, the obligation to recite havdalah is Rabbinic in origin, without any connection to the Biblical commands, “Remember” and “Observe.”
Among the practical distinction between these two approaches is the conception of a woman’s obligation to recite havdalah. According to the Rambam, there is no difference between a woman’s obligation and that of a man. The other view, by contrast, allows for the conception that women are not obligated to recite the havdalah prayer.
The Shulchan Aruch ( Orach Chayim 296:8) cites both opinions (but appears to favor the Rambam’s view). The Ramah suggests that a woman should fulfill her obligation by listening to a man’s recitation of this prayer. When this is not possible, a woman should recite the havdalah herself. A man who has fulfilled his obligation should not, however, recite the prayer for the sake of a woman (Shulchan Aruch HaRav 296:19; Mishnah Berurah 296:35-36).
Although the Sabbath is part of the internal rhythm of creation, it was given to the Jewish people alone as a heritage to observe and make part of their lives.
For in the narrative of creation, God rested on the Sabbath day.
ln the Bible, the term “convocation of holiness” refers to the festivals. The Sabbath is the first and foremost of these holy days. Therefore, in Leviticus, Chapter 23, when the festivals are mentioned, the Sabbath is mentioned first.
In the Guide for the Perplexed, Vol. II, Chapter 31, the Rambam explains the connection between the exodus from Egypt and the Sabbath. In Egypt, the Jews were slaves and unable to control when they could cease work and rest. By ceasing work every week, they recall God's kindness in delivering them. The Ramban (in his Commentary on the Torah, Deuteronomy 5:15) offers a different explanation. The exodus from Egypt expresses God's infinite power. If a person doubts the narrative of creation, he can resolve those questions by considering the historical evidence of the miracles of the exodus.
Herein, there is a unique homiletic point. God’s choice of the Jewish people is expressed, not in granting them dominion over other nations or bestowing inordinate resources of wealth and prosperity upon them, but rather in granting them the Sabbath and its atmosphere of holiness and peace. Rav Zerachiah HaLevi notes that the three times God’s desire and favor are mentioned this passage refer to the three dimensions of the Jews’ connection with the Sabbath: the Sabbath of creation, the Sabbath of the exodus, and “the age that is all Sabbath and rest for life everlasting”—i.e., the era of the Redemption.
All four of the distinctions mentioned are reflected in the transition from the Sabbath to the weekdays. For, as we progress from day to night on the eve between the Sabbath and the days of activity that follow, the Jews—and not the people of the world at large—pass from an atmosphere of restful holiness to involvement with the mundane details of their existence.
For this marks the transition from the weekdays to the Sabbath. More particularly, the most select way of performing the mitzvah is to recite the kiddush shortly after nightfall (Shulchan Aruch HaRav 271:16).
Note that the Shulchan Aruch (Orach Chayim 271:8) describes the recitation of the blessing at this time as compensation for the mitzvah of sanctifying the Sabbath at night.
When reciting kiddush during the day, one should recite the entire blessing usually recited on Friday night. The passage Vayechulu should not, however, be recited (Ramah, Orach Chayim, loc. cit. ).
Until sunset. Between sunset and the appearance ofthree stars on Saturday night, the blessing should be recited without mentioning God’s name (Mishnah Berurah 271:39).
In Talmudic times, this situation was wont to occur because wine was scarce. People would often be unable to obtain wine on Saturday night, but would be able to secure it the following day.
At present, the most common example of the delay of the recitation of the havdalah occurs when the fast of Tish’ah B’Av is observed on a Sunday. In that instance, havdalah is not recited until Sunday night.
The first three days of the week are still associated with the previous Sabbath. Therefore, the recitation of havdalah is still appropriate (Pesachim 106a).
There are authorities who differ, maintaining that one may not recite havdalah after sunset on Sunday. Also, the Halachot Gedolot states that a person who has eaten before reciting havdalah may no longer recite this prayer from Sunday onward. Although the later authorities do not accept these views, they do urge that the recitation of havdalah not be delayed any later than necessary.
The blessing over a flame was incorporated into the havdalah ceremony to commemorate the discovery of fire by Adam directly after the conclusion of the first Sabbath. Thus, reciting this is appropriate only on Saturday night. Similarly, when havdalah is recited from Sunday onward, the blessing over the spices is also omitted
Whenever the performance of a mitzvah is associated with a specific time, our Sages forbade partaking of a meal from the time when the obligation to perform the mitzvah begins until one actually performs it. With regard to kiddush and havdalah, however, they were more stringent and forbade even tasting food until one performs the mitzvah. They enforced this stringency because the most favorable manner of performing both these mitzvot is to do so at the beginning of the evening (Shulchan Aruch HaRav 271:9).
I.e., from sunset onwards. The procedure to be followed by a person who begins a meal before sunset and continues eating is described in Halachah 12. The restrictions mentioned in this halachah also apply to a person who accepts the Sabbath before its actual commencement (Mishnah Berurah 271: 11 ).
Needless to say, the performance of labor is not mentioned with regard to kiddush, for performing labor on the Sabbath is forbidden regardless.
The Maggid Mishneh maintains that this leniency applies both before kiddush and before havdalah. However, based on the rulings of the.Rashba, the Shulchan Aruch ( Orach Chayim 271:4, 299:1) states that drinking water before reciting kiddush is forbidden. One may, however, drink water before havdalah.
The performance of one undesirable act is not reason to perform another. As soon as one becomes conscious of the obligation to recite kiddush or havdalah, he should cease eating and fulfill the mitzvah (Shulchan Aruch, Orach Chayim 271:4).
The Magen Avraham 271: 1 explains that the Rabbinic obligation to recite kiddush over wine does not replace the Biblical commandment entirely. Accordingly, the recitation of the Sabbath prayers in the Shemoneh Esreh of the evening service represents the fulfillment of one’s obligation to sanctify the Sabbath.
Although one is also required to recite kiddush before one’s meal to fulfill the obligation instituted by our Sages, there is room for certain leniency, because one has already fulfilled one’s obligation according to the Torah. For example, a person who is certain that he has recited the evening service, but is in doubt whether or not he has recited kiddush, should not recite the latter prayer. Note, however, Sefer HaKovetz, which interprets these concepts in a different manner.
ln Hilchot Tefillah 2:12, the Rambam mentions the inclusion of havdalah in our evening prayers by the addition of the passage Attah Chonantanu to the fourth blessing of the Shemoneh Esreh.
When the Men of the Great Assembly ordained the prayers and blessings for the Jewish people, the Jewish people were needy and could not afford wine. Therefore, these Sages ordained the recitation of havdalah in prayer. Afterwards, when the fortunes of the people improved, the Sages ordained that they should recite this blessing over a cup of wine, like kiddush.
Subsequently, our people’s prosperity suffered and the Sages reinstituted the blessing into the prayer service. Nevertheless, in order to prevent the matter from being totally dependent on socio-economic factors, they established the following guidelines: A person should recite the havdalah prayers in the Shemoneh Esreh of the evening service. Afterwards, he should try to obtain wine in order to fulfill the mitzvah as the Sages prescribed. If, however, this is not possible, his recitation of the prayer in the evening service is sufficient to fulfill his obligation.
Here, the Rambam is not necessarily referring to a person who recited the passage Attah Chonantanu in the evening prayers. To be permitted to perform labor, it is sufficient to recite the phrase, “Blessed be He who distinguishes between the holy and the mundane,” without reciting God’s name or mentioning His sovereignty. lndeed, this is a frequent practice for women, who do not always recite the evening service.
But not to eat or to drink.
For we follow the principle םרוק רידת רידת וניאשו רידת Whenever a person has a choice of reciting two blessings, one frequently recited and one less frequently recited, he first recites the one that is more frequently recited.
This refers to the ritual washing before partaking of bread. The order suggested by the Rambam is quoted by the Shulchan Aruch (Orach Chayim 271:12). Significantly, the Ramah states that it is preferable to wash one’s hands and recite the blessing before reciting kiddush. (See Halachah 10 and notes.) He writes that this is the common practice in the Ashkenazic community. (Significantly, the Shulchan Aruch HaRav 271:23 and the Mishnah Berurah 271:62 differ and suggest adhering to the ruling of the Shulchan Aruch.)
A revi'it is 86.6 cubic centimeters according to Shiurei Torah and 150 cubic centimeters according to the Chazon Ish.
These are the requirements Berachot 5 la mentions with regard to a cup of blessing. In contrast to Rashi, the Rambam considers the term “cup of blessing” as referring primarily to the cup over which kiddush is recited. He does, however, also apply these principles to the cup over which grace is recited. (See Hilchot Berachot 7:15.)
Based on this distinction, the cup must also be whole, without a crack or chip; it should be filled to the brim; and no one should have drunk from the wine in the cup beforehand (Shulchan Aruch HaRav 271:18).
The Rambam is speaking about Arab countries, where people would eat while sitting on mats on the ground. When eating at a table, one is obligated to lift the cup a handbreadth above the table.
This recitation of this passage acknowledges God’s creation of the world. Accordingly, Shabbat 119b states, “Whoever recites the passage Vayechulu on Friday night is considered to be God’s partner in creation.”
The Rokeach mentions that we should recite Vayechulu three times on Friday night—and this, indeed, is our practice: once in the Shemoneh Esreh of the evening service, once communally after the Shemoneh Esreh, and once in Kiddush.
A cheekful is slightly more than half of a revi’it (Shulchan Aruch, Orach Chayim 271:13). This, however, refers to a cheekful of an ordinary person. More particularly, the measure of a “cheekful” depends on the size of an individual person’s mouth- i.e., were a person to swish the wine in his mouth to one side, that cheek would look full (Shulchan Aruch HaRav 271:24; Mishnah Berurah 271:68).
These people are not required to partake of a revi’it. Indeed, they may fulfill their obligation for kiddush by reciting Amen, without partaking of the wine at all (Magen Avraham 271:30). Nevertheless, it is preferable that everyone be given from the cup of kiddush or have cups of wine before them (Shulchan Aruch, Orach Chayim 271:14).
Tosafot (Pesachim 101a) derive this law from the exegesis of Isaiah 58:13: “And you shall call the Sabbath, ‘a delight.”’ lt explains that “calling the Sabbath”—reciting kiddush—must be in the place of “a delight,” one’s Sabbath meal.
We have translated the word תיב as “house” according to its literal meaning. The Maggid Mishneh, however, suggests that in this context, the term should be rendcred as “room”—i.e., one may move from one corner to another in the same room, but not from one room to another in the same house. (See also Hilchot Berachot 4:5 and commentaries, where this term is used in a similar context.)
The Maggid Mishneh mentions, however, that there are authorities who interpret תיב as “house.” According to their view, if two rooms are in the same house, one may recite kiddush in one and eat the Sabbath meal in the other, provided one has this intention when reciting kiddush. The Ramah (Orach Chayim 273:1) rules according to this interpretation.
Even if the person had the intent of eating his meal in the second place when he recited kiddush and does so without any unnecessary interruption, he does not fulfill his obligation and must recite kiddush again.
I.e., the kiddush is not part of the prayer service, but was instituted merely for the sake of these individuals. Nevertheless, in one of his responsa, the Rambam writes that after the custom of reciting kiddush in the synagogue was established, it should be continued even if there are no guests present in the synagogue. [At present, this custom is not usually followed in the Sephardic community, and there are many communities in the Ashkenazic community that have also discontinued it.]
Rabbenu Yitzchak Alfasi explains the difference between the two blessings: Kiddush was instituted as the beginning of the Sabbath meal. Hence, it is also appropriate that it be recited over bread. Havdalah, by contrast, has no connection with a meal. Therefore, bread may not be used.
In this ruling, the Rambam follows the interpretation of Pesachim 106b suggested by Rabbenu Yitzchak Alfasi and other Rishonim. There are, however, other interpretations ofthis passage, which lead to the ruling ofthe Ramah (cited in Note 27) that one should always wash one’s hands before reciting kiddush.
(Although the Ramah’s view is not accepted by the later authorities, the Mishnah Berurah 271:62 states that it is of sufficient weight to be relied on in the case described by the Rambam here: a person who desired to recite kiddush over wine, but washed his hands previously. Rather than recite the kiddush over bread, the person may recite kiddush over wine.)
Pesachim 106a relates that this practice is derived from Exodus 20:8: “Remember the Sabbath day”; a remembrance must be made on the day itself. (See also Chapter 30, Halachah 9.)
The Maggid Mishneh explains that this term is used as a euphemism, as one calls the blind sagi nahor, “of great light.”
The Ra’avad objects to the Rambam’s ruling and rejects the concept of reciting kiddush on the Sabbath day. In his rebuttal of the Ra’avad’s words, the Maggid Mishneh states that it is impossible to recite kiddush on the Sabbath day on bread. The Shulchan Aruch HaRav 289:2, however, uses the Ra’avad’s ruling to reach a third position, that although kiddush is required during the day as well as at night, one may recite the kiddush on bread.
The Shulchan Aruch (Orach Chayim 289:1) permits one to drink water before prayer, because “the obligation to recite kiddush is not incumbent on one at that time.” This leniency has been extended by the later authorities to drinking coffee, and by some to partaking of pastry.
From this time onward, the person must observe all the Sabbath laws. Note the Magen Avraham 267:1, which states that a person may only recite kiddush from plag haminchah onward—i.e., no more than one and a quarter “seasonal” hours תיונמז( )תועש. before sunset.
The Shulchan Aruch (Orach Chayim 293:3) prescribes this leniency only for a person who is ,םונא “pressured by forces beyond his control.” Needless to say, even after reciting havdalah, the person must observe all the Sabbath laws. The blessing over fire should not be recited until sunset.
I.e., as soon as the sun sets, one must cease eating and cover the table for kiddush.
The bread should always be covered during kiddush. In this instance, covering it serves a further purpose, making it appear as if it had been placed on the table in honor of the Sabbath (Shulchan Aruch HaRav 271:10).
The Maggid Mishneh and the Shulchan Aruch (Orach Chayim 271:4) state that if one had been drinking wine previously, one should recite kiddush over a cup of wine without reciting the blessing borey pri hagefen.
From the Rambam’s wording, it would appear that he does not require the recitation of the blessing hamotzi when one resumes eating. Rabbenu Yitzchak Alfasi and Rabbenu Asher differ and require the recitation of this blessing, because at the time the person recited kiddush it was forbidden for him to partake of bread.
The Shulchan Aruch (loc. cit.) mentions both opinions. Shulchan Aruch HaRav 271: 11 and the Mishnah Berurah 271:18 suggest following the Rambam’s view. For whenever there is an unresolved question of whether or not a blessing should be recited, the practice is not to recite it.
When one partakes of a portion of food the size of an olive after nightfall, one is obligated to mention the Sabbath in the grace, for this is considered to be one of the Sabbath meals (Shulchan Aruch HaRav 271:13; Mishnah Berurah 271:30).
This refers to a meal including bread that he began before sunset. If one did not begin eating before sunset, eating or drinking is forbidden. (See Halachah 5.) Moreover, if one is eating or drinking, but is not in the midst of a meal including bread, one is obligated to cease eating at sunset. There are, however, certain opinions that allow one to begin eating after sunset or to continue partaking of foods outside a meal until a half hour before the appearance of the stars (Mishnah Berurah 299:1).
1.e., one is allowed to continue eating after nightfall. Although the Sefer Mitzvot Gadol requires one to interrupt one’s meal and recite havdalah directly after the appearance of three stars, this opinion is not accepted by the later authorities (Ramah, Orach Chayim 299:1).
For mayim acharonim, the washing that precedes grace.
For it is preferable—although not obligatory—to recite grace over a cup of wine. (See Hilchot Berachot 7:15.)
The Ra’avad and others raise questions concerning the Rambam’s decision. For Pesachim 102b states, as the Rambam himself quotes in the following halachah, “we do not observe mitzvot in bundles”—i.e., one cup of wine should not be used to fulfill two separate mitzvot.
The Maggid Mishneh offers a possible resolution for the Rambam’s ruling: The above principle applies only when the two mitzvot are connected with two different times—e.g., kiddush and grace, as mentioned in the subsequent halachah. For grace is associated with the preceding meal, and kiddush with the Sabbath day that will follow. In contrast, in the present halachah, both havdalah and grace are associated with the previous time—the Sabbath—and the previous meal. Nevertheless, the Maggid Mishneh himself agrees with the Ra’avad that the Rambam’s ruling should be followed only in a situation where one does not have another cup of wine available. This opinion is also quoted by the Shulchan Aruch (Orach Chayim 299:4) and accepted by the later authorities.
[Rav Kapach offers another justification for the Rambam’s ruling, based on the final phrase of the following halachah, which states that both kiddush and grace are “mitzvot of the Torah.” Havdalah, Rav Kapach explains, is Rabbinic in origin and therefore can be combined with grace and recited over a single cup. Although this resolution appears closest to the Rambam’s wording in these two halachot, it is difficult to reconcile with the Rambam’s statements at the beginning of the chapter and in Sefer HaMitzvot (Positive Commandment 155) that the mitzvah of reciting havdalah has its source in the Torah itself.]
For drinking—even drinking wine—is not considered significant enough to override the obligation to recite havdalah.
He must stop drinking at sunset (or half an hour before the appearance of the stars), but preferably should not recite havdalah until after the appearance of three stars.
The Shulchan Aruch (Orach Chayim 271:6) also quotes the opinion of Rabbenu Asher, and states that reciting grace in such a situation generates sevetal doubts: whether or not to mention the Sabbath in grace, whether or not to partake of the cup over which grace was recited, and whether or not a second meal is required so that kiddush will be “in the place of a meal.”
Therefore, it is preferable to recite kiddush in the midst of the meal, as mentioned in the previous halachah, to eat a small amount on the Sabbath, and then to recite grace. The Ramah suggests following this view.
See the notes on the previous halachah.
See Hilchot Issurei Mizbe’ach 5:1, 6:9. (See also Hilchot Ma’achalot Asurot 11:9-10, which mentions these concepts with regard to the prohibition against using wine employed by gentiles for their libations.)
Needless to say, this also applies to sugar.
These are forbidden to be offered on the altar in any form, as derived from Leviticus 2:11, which states, “You shall present no leavening agent and no sweetener .... “
The westem lands the Rambam refers to are Morocco and Muslim Spain.
The Jerusalem Talmud (Pesachim 10:1) states that one may use sweetened wines for kiddush. The Shulchan Aruch ( Orach Chayim 272:8) mentions both opinions. The Ramah states that it is customary to follow the more lenient view. This issue is very significant, for almost all commercially produced wines have sugar added to them.
This applies even if the wine’s taste is unaffected (Shulchan Aruch, loc. cit.:1).
In Talmudic times, wine that was left uncovered was forbidden, out of fear that poisonous snakes might have deposited venom in it. (See Hilchot Rotzeach UShemirat HaNefesh 11:6-8,10.) At present, this circumstance is extremely rare, and it is customary to partake of wine even after it has been left uncovered. Nevertheless, such wine is unacceptable for kiddush, because using it for a mitzvah is not considered respectful (Shulchan Aruch HaRav 272:1; Mishnah Berurah 272:3).
In this instance as well, there are many authorities wno differ with the Rambam and permit the use of such wine, based on the Jerusalem Talmud (loc. cit.). Here, also, the Shulchan Aruch (loc. cit. 272:8) mentions both opinions, and the Ramah states that it is customary to follow the more lenient view. This issue is also very relevant today, for many wines and grape juices undergo pasteurization before being sold.
Indeed, as the Shulchan Aruch (Orach Chayim 204:4) states, it is not proper to recite the blessing borey pri hagefen over this beverage.
The Shulchan Aruch ( Orach Chayim 204:5) emphasizes that this law depends on the strength of the wine. Our wines are not as strong as those of the Talmudic period, and hence the ratio of one to four is not sufficient to require the blessing borey pri hagefen. This law is also relevant with regard to commercially produced wines, which are often heavily diluted before being sold.
The Ra’avad states that this restriction applies only when one drinks from a cup of wine and not from a larger container. The Rambam’s view is, however, accepted by the later authorities. (See Pesachim 106a, which mentions opinions that follow both views.)
The Mishnah Berurah 271:43 questions whether a person who only has wine from which others have drunk should recite kiddush over it, or whether he should recite kiddush over bread instead.
I.e., wine into which bread has been dipped. Beitzah 21b states that such wine is unfit for human consumption and should be given only to chickens. Even if wine has not been spoiled to this extent, after a person has drunk from a cup, reciting kiddush over it is forbidden.
After stating this law, however, the Shulchan Aruch (Orach Chayim 272:3) states that it is preferable to use wine that is choice in all respects for the mitzvah.
Indeed, as stated in Hilchot Berachot 7:15, wine should be diluted before using it for a “cup of blessing.” (See, however, the notes on Halachah 15 regarding the extent of the dilution.)
Although grape juice was acceptable as a wine libation only after the fact ,דנעידנ(Hilchot Issurei Mizbe’ach 6:9), it is acceptable for kiddush. Nevertheless, using wine that has fermented is a more favorable way of performing the mitzvah (Shulchan Aruch HaRav 272:2; Mishnah Berurah 272:5).
Needless to say, the grapes must be squeezed before the commencement of the Sabbath.
For if there is no wine available, kiddush may—and should—be recited over bread.
Since havdalah may not be recited over bread, these beverages should be used as an alternative.
This is the Maggid Mishneh’s interpretation of the Rambam’s ruling, based on Pesachim 107a. The Shulchan Aruch (Orach Chayim 272:9), however, mentions other views: that one may recite kiddush over beer in places where wine is not easily available, and that of Rabbenu Asher, which states that, at night, one should recite kiddush on bread if wine is not available. During the day, however, it is preferable to recite kiddush over other beverages. The Ramah states that Rabbenu Asher’s view should be followed.
If wine is easily available, however, kiddush should not be recited on these other beverages. With regard to havdalah, the Ramah ( Orach Chayim 296:2) states that it is preferable to recite havdalah over a cup of wine from which a person has drunk, rather than to use another beverage. Although this ruling is not accepted by the later authorities, Shulchan Aruch HaRav 296:8 states that a person who possesses wine at home should not recite havdalah over other beverages.
It must be emphasized that the term הנידמ ,רמח “a beverage used as a substitute for wine in one’s country,” must be widely used in that country. If it is not, it is not acceptable. (See Mishnah Berurah 296:9:)
Water (Shulchan Aruch, loc. cit.), milk and oil (Mishnah Berurah 272:25), and apple cider and borscht (Mishnah Berurah 296:10) are also not considered acceptable. From these exclusions, we can appreciate the types of beverages that are acceptable.
From the Rambam’s description of the holidays as “Sabbaths of God,” he appears to be implying that the mitzvah of reciting kiddush on these days is included in the mitzvah to “remember the Sabbath,” which is the source for the mitzvah of reciting kiddush on the Sabbath. A similar intent appears in the comments of the Mechilta on that verse.
The Magen Avraham 271:1 cites the Maggid Mishneh as differing with this interpretation and stating that the obligation to recite kiddush on holidays is Rabbinic in origin.
For chol hamo’ed has a lesser level of holiness, since the prohibitions against performing the forbidden labors do not apply. There are, however, restrictions against work, as stated in Hilchot Sh’vitat Yom Tov, Chapter 7.
For the Sabbath represents a higher level of holiness, since even the labors associated with the preparation of food are prohibited.
Since the holiday represents a lower level of holiness, it is not appropriate to say havdalah, but only kiddush. (See the conclusion of Chapter 5, where the two final points are mentioned.)
God's choice of the Jewish people is mentioned at the outset in the kiddush for festivals, but not at the beginning of the kiddush for the Sabbath. Our Rabbis explain that God's choice of the Jewish people is associated with the exodus and the giving of the Torah. Since the uniqueness of the Sabbath was established before these events, it takes primacy. The festivals, by contrast, were established to commemorate those events that are directly associated with God's choice of the Jewish people.
See Hilchot Tefillah 2:5. The sanctity of the Jewish people is mentioned before the sanctity of the festivals, because God sanctifies the Jews and it is they—through their keeping the calendar through the sanctification of the months—who sanctify the festivals (Beitzah 17a).
The sanctification of the Sabbath is mentioned first, because the Sabbath is sanctified by God directly, independent of the spiritual service of the Jewish people (ibid. ).
Leviticus 23:24 refers to Rosh HaShanah as “a day of recalling the sounding of the shofar.” Numbers 29:1 refers to it as “a day of sounding the shofar.” On this basis, our Rabbis understand “recalling” as a separate concept, and describe Rosh HaShanah as “the Day of Remembrance,” the day when we ask God to remember us for good.
In many communities, the text of this phrase is generally העורת ,םוי “a day of sounding [the shofar].” Only on the Sabbath, when the shofar is not sounded, is the text employed by the Rambam used.
As indicated by Rosh HaShanah 16a, our divine service on Rosh HaShanah centers on the acceptance of God as our King. Therefore, this concept is mentioned in the conclusion of this blessing.
This law appears to corroborate the thesis that the Rambam sees kiddush on the holidays as an obligation with a source in the Torah itself. Therefore, he clarifies that just as Halachah 6 states that the Sages instituted the obligation that kiddush be recited over wine on the Sabbath, they imposed a similar obligation on holidays.
See Halachah 9.
See Halachah 10.
It is customary merely to look at the festive candles on the table. One need not hold them together and gaze at one’s nails, as is the usual custom on Saturday night.
Merkevet HaMishneh notes that in Hilchot Tefillah 2:14, the Rambam states that in one’s prayers during the evening service, one should add the phrase “You distinguished between the holiness of the holidays and the holiness of the Sabbath.” He does not, however, recommend making this addition in havdalah. It is, however, customary in most communities to make this addition.
See the following halachah.
This also includes the second day of the holiday celebrated in the diaspora and the second day of Rosh HaShanah.
As the Rambam states in Hilchot Berachot 11:9, the blessing Shehecheyanu is recited when performing any mitzvah that we are obligated to fulfill only at a specific time. This also applies to the mitzvah of observing the festivals. Needless to say, on Y om Kippur the blessing is recited in the synagogue, and not during kiddush. On Yom Kippur, women should recite this blessing while lighting candles and should not repeat it in the synagogue.
Shemini Atzeret is, by contrast, considered to be a festival in its own right (Sukkah 47a), and we recite the blessing Shehecheyanu on that day and on Simchat Torah.
See Sukkah 47b, which states that this wording implies that a person who failed to recite Shehecheyanu on the first day of the festival may compensate by reciting it later.
Significantly, the Rambam does not mention the custom of reciting the passage containing select Biblical verses beginning Hiney E-1 Yeshuati.
See Halachah 29.
Berachot 52b explains that this wording is chosen because there are many colors of light in a tlame.
Note the Rambam’s Commentary on the Mishnah (Berachot 8:6), from which it appears that one is actually required to derive benefit from the havdalah light. (ln this context, see the Midrash Sachar Tov, commenting on Psalms 35:10, which mentions the custom of gazing at one’s nails in the light of the havdalah candles.) The Shulchan Aruch ( Orach Chayim 298:4), by contrast, states that one must stand close enough to the light to benefit from it, implying that there is no obligation actually to derive benefit from the light.
The Mishnah (loc. cit.) also mentions spices belonging to gentiles. The Rambam omits mention of this subject here, relying on his discussion of the prohibition against using such spices in Hilchot Berachot 9:7-9.
Significantly, according to Rabbenu Yitzchak Alfasi, Berachot 52b appears to offer this rationale only with regard סt spices belonging to gentiles. With regard to a gentile’s flame, it offers another reasoning: because the gentile’s flame has not rested on the Sabbath. In his Commentary on the Mishnah (loc. cit. ), the Rambam also quotes Rabbenu Yitzchak Alfasi’s view. In these halachot, however, he mentions this principle only in Halachah 27, appearing to indicate that the need for a candle to “rest” on the Sabbath applies only to candles lit by Jews. Since the gentiles are not bound by the Sabbath laws, this principle does not apply to them at all.
The Shulchan Aruch (loc. cit. :5) quotes Rabbenu Yitzchak Alfasi’s view and forbids using a candle that a gentile lit during the day. With regard to a candle lit by a gentile at night, see the following halachah.
In his explanation of these laws in his Commentary on the Mishnah (loc. cit.), the Rambam states:
It is explicitly forbidden by the Torah to benefit from any entity associated with the worship of false divinities, as [Deuteronomy 13:18] states, “Nothing that has been condemned shall cling to your hand.”
The prohibition against benefiting from entities associated with false divinities is detailed in Chapters 7 and 8 of Hilchot Avodat Kochavim.
For this was kindled to give honor to the deceased and not to provide light for others to benefit from (Shulchan Aruch, loc. cit.:12).
The Maggid Mishneh specifies that this does not refer to a flame lit at a gathering of gentiles. Shulchan Aruch Rav 298:9 and the Mishnah Berurah 298:20 explain that this decision was rendered even though one might think it proper to forbid using a light taken from a gentile at night, lest one use a light kindled by the gentile during the day. According to the Rambam, however, the meaning is that since a Jew is involved, there is no intention for the worship of false divinities.
According to the Rambam, it would appear that we suspect that the gentiles lit the flame for the sake of worshiping their divinities.
In contrast, the Magen Avraham 298: 11 states that this is a decree, lest the gentile light from a flame kindled on the Sabbath directly after the Sabbath’s conclusion. He continues postulating that, after the fact, a person who recites a blessing over such a flame is considered to have fulfilled his obligation.
This ruling reflects the Rambam’s conception of Berachot 53a. Since these fires are not generally kindled for the purpose of producing light, one should not use them for the blessing. Nevertheless, since it is customary to benefit also from their light, one fulfills his obligation.
Significantly, the Shulchan Aruch (Orach Chayim 298:10) and most other authorities follow Rav Hai Gaon’s interpretation of the passage, which explains that directly after these flames are kindled, one may not recite a blessing over them, since they are then intended for purposes other than producing light. When, however, those purposes have been accomplished and the flames continue burning, one may recite the blessing over them.
Note the Shulchan Aruch (loc. cit.:9), which states that this law applies only when the fire was kindled for the purpose of producing light. Otherwise, a blessing should not be recited.
Candles are often lit in synagogues and houses of study as a token of respect for the place, and not to produce light. Therefore, it is not proper to recite a blessing over this light unless it was lit for the benefit of an individual, so that he will use it for his needs.
Because it produces a large quantity of light with different colors of flame (Shulchan Aruch HaRav 298:4; Mishnah Berurah 298:5). Note Rav Tanchum of Jerusalem, who interprets the Hebrew הקונא as referring to a beeswax candle. Although his interpretation is not accepted, it is customary to use beeswax for this mitzvah (ibid. ).
On the night following Yom Kippur, by contrast, we are obligated to search for a candle that burned throughout the day, over which to recite the blessing (Maggid Mishneh; Shulchan Aruch, loc. cit.: 1 ).
Although this fire was kindled on the Sabbath, since it was permitted to do so, it may be used for the mitzvah. If, however, it was kindled on the Sabbath in transgression of the law, it may not be used, for the light used for this blessing must have “rested from sin” on the Sabbath (Maggid Mishneh).
Bereshit Rabbah (12:6) relates that after the sun set following the first Sabbath, Adam became frightened. G‑d prepared two boards for him. He struck them together and brought forth fire.
I.e., we do not recite the blessing over light that was kindled on that night, but on a candle that had burned throughout the holiday. It is, however, acceptable to use a candle that was lit from a candle that burned throughout the holiday (Shulchan Aruch and Ramah, Orach Chayim 624:5).
I.e., from Sunday to Thursday. As mentioned in Halachah 18, when a holiday falls on Friday, havdalah is not said.
There is a slight imprecision with the Rambam’s wording, for it is not customary to recite the blessing for spices at this time, and we are forbidden to recite the blessing over light.
See Beitzah 16a, which mentions that God grants us an extra soul on the Sabbath, but takes away this gift after the Sabbath’s conclusion. This gift is granted on the Sabbath alone, and not on festivals. Hence the distinction mentioned in the previous halachah.
See Berachot 43b, which describes fragrance as an element that brings joy to the soul.