From when is the chiyuv of Kiddush Shabbos day

Question: When is the obligation to recite Kiddush Shabbos day?

L’halacha: 

• The obligation for Kiddush by day starts from after Davening Shacharis, and one is allowed to have a coffee or tea beforehand.
  
• One who did not make Kiddush Friday night, has the obligation for Kiddush whenever they have the chance, and are not allowed to even drink water, until they make their own Kiddush.
  
• Eating cake Shabbos morning before Davening may require Kiddush beforehand.

Discussion: The Torah[1] says: “remember the day of Shabbos to sanctify it”. The Gemara [2]derives for here, the torah obligation of sanctify Shabbos by mentioning the holiness of the day[3]. The Chachamim instituted a blessing recited on wine, where the holiness of shabbos is mentioned[4].

This obligation is acknowledging the concept of Shabbos, which brings in Shabbos. As such the time for this obligation, is from the onset of Shabbos, and one is not allowed to eat or even drink water, before making Kiddush[5]. Both men and women are obligated[6]. (Based on this, after lighting candles a woman is not allowed to eat and even to drink is questionable[7]).


The Gemara[8] continues: this derivation is for Kiddush on the onset of Shabbos (i.e. by night); from where do we learn the obligation for Kiddush by day? The Posuk says: “remember the day of Shabbos”. 

The implication[9] from the Gemara is that Kiddush by day is of lesser status than that by night, and therefore the blessing for Kiddush by day is simply[10] בורא פרי הגפן. As such, the question is in which regard does Kiddush by day differ from Kiddush by night?

We mentioned earlier, that the obligation for Kiddush from the onset of Shabbos is to sanctify the day. Therefore it’s understood that once the Kiddush is recited by night then there is no more need to sanctify shabbos again. It follows that the Kiddush by day has some other purpose.

We could explain it in two ways, 1) the reciting of Kiddush by day creates a distinction between a Shabbos meal and a weekday meal[11]. 2) Since there is an obligation to eat 3 meals on Shabbos, the Kiddush comes as part of the meal[12]. 

The difference between the first and 2nd explanations is. 1) if there is an obligation to have Kiddush B’mokom Seudah. 2) Does Kiddush by day have the status of Brachos on a Mitzvah, and therefore someone is allowed to make Kiddush again, for someone who wasn’t Yotza. 3) Does Kiddush by day, like Kiddush by night, cause one to not be allowed to eat or drink before making/hearing Kiddush.

The Halacha[13] follows the 2nd shita, that Kiddush by day has similar status to Kiddush by night. Therefore one is not allowed to eat or drink before Kiddush by day, and there is an obligation of Kiddush B’mokom Seudah.

The question arises, when does the obligation to recite Kiddush by day start?

Here as well there is two shitos:
1) the obligation starts from the morning עלות השחר, just like Kiddush by night starts from [14]שקיעה.
2) The Kiddush by day is connected to the meal of the day; therefore there is no obligation to recite Kiddush until the time of one’s obligation to eat the meal, i.e. after Daveing[15].

The practical difference between the two shitos is if one is allowed to eat or drink before Davening, without reciting Kiddush first.

The Halacha[16] is like the 2nd shita i.e. Kiddush by day is connected to the meal, and one is allowed to at least drink before Davening without making Kiddush. (Halachicly one is not allowed to eat before Davening any day[17]). Accordingly, one is allowed to have coffee or tea before Davening on Shabbos, but only after saying Shma[18]. (There is a separate discussion on whether one is allowed to put milk and sugar in the coffee, as well as eating cake[19]).   


Some additional questions:
1) What’s the din if someone didn’t recite Kiddush the night before? 
2) If someone is eating enough cake to fill him up, does that constitute a meal which would obligate Kiddush to be said?


Someone who didn’t recite Kiddush the night before.


It was explained earlier that the obligation of Kiddush by day, is connected to the meal, however this is true only when one fulfilled his obligation of sanctifying the Shabbos through Kiddush by night. But if one didn’t make Kiddush by night, there still remains this obligation of sanctifying Shabbos, and therefore it would be forbidden to have a cup of coffee or tea, and cake, before making Kiddush[20].

Since this obligation would be Min H’torah if the person hadn't Davened Maariv (Shabbos is mentioned in Maariv), Kiddush should be made by the person themself, and not be Yotza through hearing from someone else[21].  

Eating a sizable piece of cake.

Since the obligation of Kiddush by day is in connection with the meal, one should be careful not to eat cake before Davening, since that would constitute a meal, and there would be the obligation of reciting Kiddush. Someone who is sick and needs to eat cake before Davening, should make Kiddush before eating[22].

However based on the HaYom Yom that it is better to eat in order to Daven than Daven in order to eat, one can argue that eating cake is a preparation for Davening, and does not constitute a meal, and therefore there is no need for Kiddush until after Davening.

Daily inspiration:
Man posses the power to make conscious the infinite energy of creation. By contemplating our finite existence, our limitations of time, we acknowledge the need of a creator, and as such infuse us with the source of creation. (When we make Kiddush we acknowledge Hashems creation of the world).     

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[1] שמות כ,
[2] ברייתא פסחים ק"ו.
[3] שוע"ר סי' רע"א:א
[4] שם סעי' ב' (להעיר מדיון זה אי קידוש על היין היא מן התורה או מדרבנן)
[5] שם סעי' ט'
[6] שם:ה
[7] עי' שוע"ר סי' ט, וקצוה"ש סי' עד בבדה"ש ס"ק י"ז
[8] שם
[9] פרשב"ם שם ורא"ש
[10] בגמ' שם
[11] עי' ראב"ד הל' שבת פכ"ט ה"י
[12] רמב"ם שם ופי' הרא"ש
[13] שוע"ר סי' רפ"ט:ב
[14] שיטת הראבי"ה הובא בטור סי' פ"ט
[15] שיטת הרא"ש שם
[16] שוע"ר שם
[17] שוע"ר סי' פ"ט
[18] קוצה"ש סי' י"א סע' ב
[19] עי' משנ"ב סי' פ"ט:כ"ב ושו"ת יבי"א ח"ד סי' י"א
[20] שו"ת האלף לך שלמה או"ח סי' קכ"א, כף החיים סי' רפ"ט:י"ח ועי' שש"כ פנ"ב סע' י והערה לב
[21] כנ"ל דהוי גלגול דאורייתא משא"כ ביום הוי רק מדרבנן עי' שש"כ פנ"א סע' י"א-ט"ז ובהערות שם
[22] שו"ת אגרות משה או"ח ח"ב סוס"י כ"ו וכ"ח