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בס"ד

 

      HALACHA INSTITUTE Q&A 

        By Rabbi Yehuda Kraft

 




Q: On Shabbos morning, can Kiddush be fulfilled with reciting shehakol and drinking on a shot of whisky, vodka or other alcoholic drink ?

 

A: This question is multifaceted. Classically the Mitzvah of Kiddush is fulfilled by drinking a “Mlo lugmav” (cheek full), from a Kos (cup) which contains at least a Rviis of wine or grape juice. When making Kiddush on a shot of whisky, none of these conditions are fulfilled. In certain Chassidic communities, the custom is to make kiddush in the morning on a small glass of schnapps. The question is - can this practice be reconciled with Halacha?

 

Substituting wine for other beverages

The Gemara discusses the possibility of substituting wine with “Chmar Medina”. This term means “the drink of the country” as a wine substitute. Drinks in this category are presented to guests to honor them, and not drunk merely to quench thirst. Additionally, most people in the region drink it. It is not clear which beverages qualify for this status. Seemingly all agree that all liquors and alcoholic drinks are considered Chmar Medina. The Shulchan Aruch in Siman 272 says that “When there is no wine available - some say that one may use beer, as it is considered Chmar Medinah.” 

 

The implication of the Shulchan Aruch and other Poskim is that the concept of Chmar Medina only applies when wine isn`t found easily due to scarcity, and not merely if it is too expensive. However, in our day and age wine is always readily available and affordable. Based on this, many contemporary poskim dismiss the ability to make Kiddush on whisky. However, there are those that assume this Heter applies even when there is wine readily available, especially when the whisky is Chaviv (beloved/preferred). Rabbi Simcha Cohen in his sefer “Radiance of Shabbos”, claims that this is the opinion of R` Moshe Feinstein Z’’TL.

 

It should be noted that this Heter would only suffice for the daytime Kiddush but for the night-time Kiddush, all agree that it may not be relied upon.(Based on the opinion of the Rosh and Rambam - see Shulchan Aruch 272 w/ Mishna Berura)

 

Drinking the required amount 

How much is one required to drink? The Shulchan Aruch says the minimum amount is “Melo Lugmav.” This is the majority of a Rviis, and is equivalent to about 1.6 ounces. Accordingly, the Mishna Berura says that in his country schnapps can be utilized for daytime Kiddush, provided that the Kos contains a Rviis of schnapps (the equivalent of 3 plus ounces), and the Mekadesh drinks a Melo Lugmav. The M”B adds that if this is difficult then he may rely on the opinion brought in S”A, siman 271, seif 14, that the attendees of the Kiddush can all drink the Melo Lugnav collectively. Certainly, a shot of whisky will not suffice for the standard of the M”B unless we assume the glass contains 3 plus ounces and most of it is consumed. (The standard shot glass contains only one and a half ounces). 

 

Opinion of the Taz

On the other hand, The Mahrsham (O.C. # 1 Siman 175) writes that there were great Tzadikim of Chassidic courts that would utilize schnapps for the daytime Kiddush using “small flasks” which were less than the standard Rviis and only a small amount was drunk. The Mahrsham explains the minhag based on the Taz in Siman 190 and 210. The Taz says that the amount of schnapps required to recite Borei Nefashos, is based on the normal amount one drinks at one time. Meaning to say - even though the standard amount for other drinks is a Reviis, since one is satisfied with less when drinking sharp drinks, the requirement is less. So too, we can apply the logic of the Taz for Kiddush, because the drinking of a Melo Lugmav of wine for Kiddush is based on the fact that the Rabbis required us to drink a satisfying amount. Therefore schnapps, which satisfies with less, will require less for Kiddush.

 

The Rebuttal 

This rationale comes in conflict with a few issues. 

1) Many Achronim argue on the Taz such as the Magen Avraham and the Mishna Berurah.

2) The Taz himself never stated that less than a Rviis can be used for Kiddush with Chmar Medina.

3) The logic of the Taz doesn't seem to rationalize using a Kos smaller than a Rviis.

4) According to some opinions the amount of Melo Lugmav isn't based on satisfaction rather it’s a standardized amount regardless of the actual satisfaction.

5) Some opinions hold that Chmar Medina only applies when the beverage is drunk by most of the multitude every day (Magen Avraham).

6) The Aruch Hashulchan says that in his time wine was a rarity and they barely had sufficient wine for the night, which is why they were lenient to use schnapps in the Day-time Kiddush. 

7) The Piskei Teshuva suggests that the attendees of the Chassidic Rebbes Kiddush all drank the required amount collectively.

8) Rabbi Langer, Shlita, told me that the Rebbes were lenient only for the poor Chassidim, they themselves however were careful to use wine. 

 

In conclusion one should not rely on this leniency, unless it's your minhag, and even then, only under dire circumstances. Additionally, if someone at a Shul Kiddush is lenient, others should not rely on his Kiddush and do it themselves properly.

SHABBOS MEVORCHIM

This is Shabbos Mevorchim Chodesh Menachem Av. Rosh Chodesh is one day, Wednesday. It is customary to delay Kiddush Levana until after Tisha B’Av (and since this year that falls on a Thursday, we will wait until Motzei Shabbos Nachamu). The additional laws of morning for the Nine Days commence at sunset this coming Tuesday, 8:06pm. Shacharis in the middle minyan this week Wednesday will be 6:45am.

 

MAZAL TOV

Mazal Tov to Rabbi & Mrs. Eli and Robin Stern on the birth of a baby girl in Lakewood, to their dear children, R’ Mordechai and Chava Stern. She was named Malka. Mazal Tov to Rabbi Stern’s dear M’chuttanim, Rabbi Aharon Meir and Yehudis Felder, as well as to their parents, Rabbi and Mrs. Shmuel Felder and Rabbi and Mrs. Moshe Mendel Brus. May the parents merit to raise her to a life of {a Ben} Torah, Chuppah and Maasim Tovim!

 

Mazel Tov to Rabbi & Mrs. Eli and Robin Stern on the birth of a baby boy to their children R’ Shlomo and Miriam Abramson in Lakewood, NJ. Mazal Tov to their M’chuttanim, Dr. Hillel and Mrs. Yocheved Abramson in St. Louis and to the great-grandmother, Mrs. Harriet Dorfman in Brooklyn. May they merit to make the Bris on time! May the parents make the Bris on time and may they merit to raise their son to a life of Torah, Chuppah and Ma’asim Tovim!

 

Bris taking place this coming Sunday, July 12, IY”H, at Mordy’s Shtieble, 15 Delaware Trail, Lakewood, NJ 08701. Shacharis at 7:30am. Bris at 8:15am.


MAZEL TOV

Mazel Tov to Moshe Bock upon his engagement to Sara Robbins! The Vort will be Sunday night in Lakewood, NJ. May they merit to build a Bayis N’Eman B’Yisroel!

 

CONTACTING RABBI BRANDER

To reach Rabbi Brander from now Until August 18, call him at Israeli phone number 055-337-5983 or USA phone number 929-582-5793.

 

THE NINE DAYS

The period commencing with Rosh Chodesh Av (this Tuesday night at 8:06pm) is called the "Nine Days." During this time, a stricter level of mourning is observed, in accordance with the Talmudic dictum (Ta'anit 26): "When the month of Av begins, we reduce our joy."

 

1. We avoid purchasing any items that bring great joy.

2. We suspend home improvements, or the planting of trees and flowers.

3. We avoid litigation with non-Jews, since fortune is inauspicious at this time.

4. We abstain from the consumption of meat (including poultry) and wine. These foods are symbolic of the Temple service, and are generally expressions of celebration and joy. On Shabbat, meat and wine are permitted. This applies also to any other seudat mitzvah -- for example, at a Brit Milah or at the completion of a tractate of Talmud. Wine from Havdallah should be given to a child to drink.

5. We refrain from wearing newly laundered garments, or laundering any clothes. If the "freshness" has been taken out of a garment prior to the Nine Days, it may be worn. Fresh clothes may be worn for Shabbat. The clothing of small children, which gets soiled frequently, may be laundered during the Nine Days. Clothes may not be laundered even if done in preparation for after Tisha B'Av, or for after Tisha B’Av, or even if done by a non-Jew.

6. We do not bathe for pleasure. It is permitted to bathe in order to remove dirt or perspiration, or for medical reasons. This may be done only in cool water. Furthermore, the body should be washed in parts, rather than all at one time. Bathing in warm water is permitted on Friday in honor of Shabbat.

 

Note: Since we don’t wear freshly laundered clothing during the Nine Days (excluding Shabbos), one should try on shirts/pants/skirts/blouses, etc. for at least 10 minutes before the Nine Days start. There is room to be lenient in regard to underwear and socks. (Laws taken from Aish HaTorah website)