16 Dec PARSHAS MIKEITZ: DISPOSABLE CUPS FOR KIDDUSH

And my silver goblet,
you shall place in the
knapsack of the
youngest… Bereishis
44:2
Every once in a while,
when a new product is
developed and its
halachic status requires clarification, it is
necessary to turn to some of the more obscure
areas of the Torah to correctly classify the item.
One such example is the very modern and
practical issue of making kiddush with paper
and plastic disposable cups. This is a very
common question and is particularly relevant at
a typical shul kiddush, where generally all of the
utensils are disposable, and it is difficult to find
a proper kos.
Is a Disposable Cup a Kli?
The first and most fundamental question we
must address is whether or not a disposable cup
is considered a kli. The Mishna (Keilim 16:6)
lists those utensils that are susceptible to
becoming tamei and those that are not, and it
describes one particular vessel, made from palm
branches, that was commonly used for ripening
dates. The Mishna rules that if the vessel is
made in such a way that the only method of
removing the dates from the vessel involves
breaking it, the vessel is not mekabel tumah,

presumably because it can only be used once
and then is discarded. Rav Yaakov Lifschitz
(Shu”t Mishnas Yaakov 1:6:8) explains that
from this Mishna we see that any vessel that is
normally thrown away after a single use does
not have the halachic status of a kli, which must
be a vessel with a permanent and continuous
use. As such, since a kos shel beracha must be a
kli, a disposable cup may not be used for
kiddush.
Others, though, disagree with this line of
reasoning. Rav Moshe Stern (Shut Be’er Moshe
5:55) writes that people do often use a plastic
cup more than once, either by rinsing the cup
after use or by refilling the cup multiple times
over the course of a meal, and therefore they are
not comparable to the keilim described in the
Mishna that can only be used once. Furthermore,
Rav Eliezer Waldenberg (Tzitz Eliezer 12:23)
argues that even if people would never use a
disposable cup more than once, the very fact
that it could be used more than once is sufficient
for it to be considered a kli. We choose to
dispose of these cups after only one use because
of the affluence of our society and not because
of any inherent deficiency in the cup.
Rav Waldenberg brings a proof that a disposable
paper cup constitutes a kli from the precise
wording of the Rambam (Hil. Keilim 2:1) when
he explains that a utensil made from material

that is not mekabel tumah is itself capable of
receiving tumah. He writes that any kli that can
hold things and is capable of lasting for multiple
uses, “even if made from raw leather or from
paper,” can become tamei. The Rambam thus
explicitly states that paper utensils are
considered to be keilim as long as they can last
through a few uses. Although most paper cups
are made to be thrown out after each use, it is
possible to use them for an extended period of
time (or at least a few times), and that suffices to
be a kli.
While the previous arguments accept the
principle that a kos shel beracha must be a kli,
Rav J.D. Bleich (Contemporary Halakhic
Problems Vol. II p. 12) cites Rav Meir Zev
Goldberger (HaMaor, Elul 5734) who challenges
the entire assumption. Rav Goldberger argues
that there are many objects that have the status
of a kli but cannot become tamei due to the laws
tumah. For example, all agree that a stone cup is
a kli, but it cannot become tamei because stone
is excluded from tumah. Similarly, while items
that cannot be reused are excluded from
becoming tamei, as the Mishna in Keilim says,
that does not necessarily imply that they don’t
have the status of a kli. Thus, Rabbi Goldberger,
as quoted by Rabbi Bleich, maintains that all
disposable cups are considered a kli and may be
used for kiddush.
A Kos Shel Beracha Cannot Be Broken
Even if we assume that a plastic cup is a kli or
that a kli is not needed for kiddush, there is a
second potential problem. The Shulchan
Aruch (183:3) rules that a cup used for Bircas
HaMazon must be whole and not broken and
without any dents or cracks. The Mishna
Berura (188:11) adds that the same is true for
a cup used for kiddush and havdalah, based on
the comment of the Shulchan Aruch (271:10)
that whatever requirements apply to a kos for
Bircas HaMazon also apply to a kiddush cup.
Additionally, the Magen Avraham (183:5)
writes that even if the part of the cup that
holds the liquid is intact, and it is only the base
of the cup that is broken, one may not use the
cup for kiddush.
Rav Moshe Feinstein (Iggeros Moshe, O.C.
3:37) understands that the basic concept
behind these halachos is that a kos shel
beracha must be a high-quality cup (“kos
na’eh”). If a cup’s base is broken it may still
be functional, but it is no longer beautiful or
respectable enough to be a kol shel beracha.
Rav Moshe argues that a disposable cup
brings even less honor than a regular cup with
a broken base, and thus it should not be used
for kiddush.
Rav Eliezer Waldenberg (Tzitz Eliezer 12:23),
however, understands this halacha differently,
and argues that we are not concerned with the
relative importance or value of the kos. A cup
made of pure gold and lined with diamonds is
far more valuable, even when dented or
broken, than an earthenware cup in perfect
condition, yet it is still disqualified from use as
a kos shel beracha. Rather, it is the fact that it
is broken and no longer in its original state

that disqualifies it. As long as it remains in its
original and unblemished state, regardless of its
cost or material, it may be used as a kos shel
beracha, and therefore, he argues that paper
cups, although cheap, are perfectly valid for
kiddush.
Halacha LeMa’aseh
As mentioned above, Rav Moshe Feinstein did
not approve of the use of paper or plastic cups
for a kos shel beracha. Rav Simcha Bunim
Cohen reports (The Radiance of Shabbos p. 44)
that he asked Rav Moshe if there is room to
distinguish between different quality plastic
cups and that while paper cups may be too cheap
for kiddush, harder and more durable plastic
cups may be used. Rav Moshe, however,
responded in the negative, insisting that all
disposable cups are deemed too cheap for
kiddush. It should be noted, though, that at the
conclusion of his teshuvah on this topic, Rav
Moshe writes if there is no other option it is
possible to be lenient. Thus, someone who is in
shul for kiddush, where there are only disposable
cups, may have grounds to be lenient even
according to Rav Moshe.
Rav Binyamin Zilber (Az Nidberu 6:49) states
that it is obvious to him that any disposable cup
may be used for kiddush, havdalah, and netilas
yadayim. He argues that we do not find
anywhere in halacha that there is a requirement
for the cup to be “nice,” and that there is no
source to suggest that a cup made to be used
only once is not a kli. Rav Zilber concedes,
however, that if one has a nicer cup available, he
should use it in order to fulfill the din of hiddur
mitzvah. Rav Waldenberg rules that one may
use any cup that could potentially be used
multiple times, even if nobody actually does so.
Flimsy paper cups are questionable, because
they are not nearly as effective at holding liquid
a second time, but plastic cups are perfectly fine
for kiddush.
Similarly, Rav Moshe Stern rules that only cups
that people commonly reuse are permissible for
kiddush. While most plastic cups fall in this
category, since people will commonly refill their
plastic cups many times during a single meal or
even wash them out after the meal to use again,
paper cups would be forbidden to use for
kiddush. However, this definition would
seemingly make small plastic shot glasses
problematic, because they are almost never
washed out and reused. This would run contrary
to Rav Waldenberg’s approach that it suffices
that they could theoretically be reused even if
they never actually are.
There is a common practice when utilizing a
disposable cup to use two cups stacked together.
This is not suggested by any of the
aforementioned poskim and seemingly has no
basis in halacha. Perhaps the logic behind it is
that putting two very weak cups together makes
a stronger, more durable cup that is fit for
multiple uses.