01 Mar Making Kiddush Ba’al Peh & Being Motzi Others

The Shulchan Aruch in Orach Chaim, siman mem tes paskens that despite the fact that one is not allowed to say the words of the Torah Shebichsav (written Torah) ba’al peh (orally), there are pesukim like Shema and Birchas Kohanim that people know very well. One may read those well-know pesukim by heart. The Tur brings in the name of the Rosh that if pesukim being said are done in a way for the speaker to be motzi others, there is no hetter to say it ba’al peh.

The Poskim discuss when a person is motzi his family with Kiddush on Friday night. It would seem mandatory for the pesukim of “Vayechulu” to be read from a siddur. Doing so would be a tough task to fulfill as one would be required to look at three things during Kiddush; the candles, the cup of wine and finally, the siddur so as not to say the pesukim ba’al peh.

Many people have the minhag not to read Kiddush from a siddur. One can try to explain this in the following manner. The reason why one may not say Torah Shebichsav orally is based on a machlokes rishonim. The Ritva in Gittin, daf samech says that it is forbidden because if the words are not read from the siddur one would not enunciate the chaseiros (letters that are missing) or the yeseiros (extra letters.) When viewing the words one will also have them in mind. The Tosfos Rid says that the reason for the requirement to be read is stemming from the fact that we are worried the person might make a mistake. This reasoning, that we are worried that one might make a mistake, would only be applicable lechatchilah; however, b’dieved, one would be yotze. According to the Tosfos Rid and Ritva’s reasoning, not reading Torah Shebichsav from a siddur would only be a rabbinical requirement.

Rashi in Gittin, daf samech states a different reason for the above prohibition. The way Hashem gave us the Torah is the way we are supposed to teach it to others. Therefore, the written part of the Torah must be transmitted to others the exact same way by reading it from the written word. The Rambam emphasizes this by saying that the chiddushim of the Rabbonim in every generation must be recorded, but then should be given over to the masses orally.

The Brisker Rov asks the following question. May the Rabbonim in every generation write down their chiddushim if it is Torah Sh’baal Peh? He answers that as long as when it is taught it is done so orally, then writing things down so it can be preserved is permissible.

With this explanation of the Brisker Rov we can understand that saying Kiddush orally is permitted. When teaching Torah Sh’bichsav, one may not teach others orally. This is so even if he knows it well, since the din states that one must transmit the Torah the way it was given. This would apply to Krias Ha’Torah. But in the case of Kiddush, where one is not teaching Torah and these pesukim are only said as praise to Hashem, there is no problem of transmitting the Torah in the wrong way. Since these pesukim are well known, there is no problem of saying it orally and we have no concern that the person may make a mistake.