Question: May one recite Kiddush before nightfall on Rosh HaShanah?
Short Answer: Yes, you may, even though the Maharil cites poskim who disagree.
Explanation:
I. The Source
The Gemara (Rosh HaShanah 9a) learns from the pasuk “v’inisem es nafshoseichem” that there is an obligation of tosefes Shabbos and Yom Tov, both at the beginning and end of them. The Gemara gives a rule that any day that has a “Sh’vus” (resting from m’lachah), there is an obligation for tosefes. Presumably, this applies to Rosh HaShanah, which is called a Yom Tov (see Mishnah, Rosh HaShanah 29b) and on which there is a Sh’vus from m’lachah.
The Shulchan Aruch does not discuss whether there is tosefes for Rosh HaShanah. Separately, though, the Shulchan Aruch and the Rama (581:2) discuss the minhag to fast on Erev Rosh HaShanah and during the Aseres Y’mei T’shuvah. The Magen Avraham (Orach Chayim 581:10) cites the Levush, who says that you do not finish your fast on Erev Rosh HaShanah, as you must have tosefes to Rosh HaShanah. Clearly, the Levush/Magen Avraham paskens the principle of Tosefes with respect to Rosh HaShanah.
II. The Maharil
The Maharil (33) cites the Maharam miMagentzia, who holds that you should not make Kiddush before nightfall on the night of Rosh HaShanah, as you do not do tosefes for Rosh HaShanah because it is a Yom HaDin. The Maharil questions the Maharam, because you already were m’kadeish the yom during davening. He attempts to answer for the Maharam that perhaps the Kiddush on wine is the primary way of being m’kadeish the day, as it is d’Oraisa.
How does this Maharil fit with the Gemara, which appears to hold that there is an obligation of Tosefes on Rosh HaShanah? The sefer Bishvili HaShvisah HeChadash (Siman 24) gives three answers. First, he suggests that on Rosh HaShanah there is a din of Tosefes that occurs automatically. However, we do not accept extra tosefes on Rosh HaShanah because it is a Yom HaDin (like the Maharil). The problem is that this does not explain the Kiddush vs. davening distinction in the Maharil. Second, perhaps we only accept the concept of Tosefes (through davening), i.e., the isur m’lachah, on Rosh HaShanah. We do not, however, infuse the day with the special Kiddush HaYom (via Kiddush on a cup) until nightfall because it is the Yom HaDin. Third, he suggests a big chidush, that there is only tosefes Rosh HaShanah at the end of Rosh HaShanah, but not at the beginning. Since Rosh HaShanah is based on Kiddush HaChodesh, which only occurs during the day, there can fundamentally be no tosefes, as it is not certainly Rosh HaShanah until the morning anyway.
The sefer Shamor V’Zachor (siman 50) also questions the Maharil, but from a different angle. If we don’t do din at night, and thus the Yom HaDin does not really start at night, how come the Maharil did not permit tosefes for Kiddush on Rosh HaShanah? He answers that perhaps if you accept Rosh HaShanah early, it shows that you are not afraid of the upcoming din.
III. What Is Tosefes?
The G’vuras Yitzchak (Elul/R”H/Y”K, Siman 3) suggests that the Maharil, who holds that you should not perform tosefes early on Rosh HaShanah so as not to accept the Yom HaDin early, is really subject to a famous machlokes as to the nature of tosefes Shabbos/Yom Tov in general.
The Taz (beg. of Orach Chayim 668) cites the Maharshal, who holds that you should not make Kiddush early on the night of Sh’mini Atzeres because if you do, you need to recite Leisheiv BaSukkah. Even though you are doing tosefes to Sh’mini Atzeres, you are not truly making it nightfall. Thus, you should not count S’firah on Friday night until nightfall, even if you made Kiddush early. The Taz himself disagrees, as once you do tosefes, you make it halachic nightfall.
This machlokes really revolves around whether tosefes is just an isur m’lachah (Maharshal) or whether it infuses k’dushah (Taz). The G’vuras Yitzchak notes that the Maharil appears to be following the view of the Maharshal – that if you did tosefes on Rosh HaShanah, you would essentially make it Yom HaDin even before actual nightfall. Indeed, it is clear from many Acharonim that the Yom HaDin is based on the actual date of Rosh HaShanah, when it is actually night and the new month/year.
IV. What About Yom Kippur?
Another question asked by the Acharonim on the Maharil is: What is the difference between Rosh HaShanah and Yom Kippur? In other words, the Gemara (above, based on p’sukim) is clear that there is tosefes Yom Kippur, even though it is a day of judgment. So why is the Maharil so concerned about tosefes on Rosh HaShanah?
The Maadanei Asher (5767, Rosh HaShanah) answers based on the B’nei Yisas’char, who notes that the Gemara (B’rachos 12b) writes that Hashem is “Yigbah Tz’va’os Ba’mishpat” between Rosh HaShanah and until Yom Kippur. The B’nei Yisas’char explains that the Gemara writes “until” Yom Kippur (but not including Yom Kippur) to highlight that Yom Kippur itself is not a day of judgment but rather a day of mercy. The Maadanei Asher explains that this is why there is no problem of tosefes on Yom Kippur, as it is good to accept a day of mercy early!
Rav Shraga Neuberger (Ayalah Sh’luchah, siman 51) suggests a similar idea based on the Ramban, who distinguishes between Rosh HaShanah and Yom Kippur. Rosh HaShanah is primarily a day of judgment, but it can be turned into a day of mercy via t’filah, shofar, and t’shuvah. Thus, we do not want tosefes to this Yom HaDin. Yom Kippur, on the other hand, is primarily a day of mercy, which also happens to be g’mar din.
However, the Maadanei Asher also cites other Acharonim who learn from Yom Kippur that the Maharil is incorrect. There is no difference between Rosh HaShanah and Yom Kippur; just as Yom Kippur has tosefes despite being a day of judgment, so, too, Rosh HaShanah has tosefes.
V. Practical Application
The Kovetz Halachos (Rosh HaShanah 6:1) concludes that we do not follow the Maharil, but rather the simple read of the Gemara, as codified in the Magen Avraham, that there is an obligation to have tosefes on Rosh HaShanah.
Rabbi Ephraim Glatt, Esq. is the Associate Rabbi at the Young Israel of Kew Gardens Hills, and he is a Partner at McGrail & Bensinger LLP, specializing in commercial litigation. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..