From the Rabbi’s Desk:  Early Kiddush on Shemini Atzeres

Question:

Dear Rabbi Sprung,

I am a hospital inpatient and have to eat my meals at set times. Can I make Kiddush on Leil Shemini Atzeres before nightfall? I cannot sit in the Sukkah as I am confined to my bed.

Answer:

This is a common question in hospitals where meals are provided at set times; often before the start of Shabbos or Yom Tov. l’Halacha, a patient exempt from eating in a Sukkah will not recite the Bracha of Leshev baSukkah and may accept Shabbos or Yom Tov early and make Kiddush as usual. Only one who is obligated in the Mitzva of Sukkah must wait until nightfall to make Kiddush.

Full Answer:

Generally, one may accept Shabbos or Yom Tov before nightfall. However, the Poskim forbid this in several cases:

The first is discussed by the Taz (O.C. 494) who rules that a person should not daven Ma’ariv before nightfall on Erev Shavuos since he would be cutting short the seven weeks that must go by between Pesach and Shavuos. The Torah labels these weeks as “Temimos” (complete) and by starting Shavuos early he causes them to be incomplete. However, Magen Avraham (ibid.) only mentions this Halacha regarding Kiddush, implying that davening Ma’ariv early is permissible (see the Machatzis haShekel).

The Taz explains his position more fullyin Siman 668 in the Halachos of  Shemini Atzeres. Many Poskim hold that a person should not make Kiddush or eat the Shemini Atzeres meal before nightfall, even if he accepts Yom Tov early. This is because it is considered a contradiction (Tarti d’Sasri), as min haTorah it is still Sukkos and he must eat in a Sukkah with a Bracha but he has already accepted the next Yom Tov of Shemini Atzeres. The obligation to sit in the Sukkah is not canceled when he accepts Shemini Atzeres early and he would therefore need to make Kiddush of Shemini Atzeres while sitting in the Sukkah and reciting the Bracha of Leshev baSukkah. These actions are contradictory since it cannot be Shemini Atzeres and Sukkos simultaneously. As the Maharshal explains (Shu”t 68):

This is not a simple matter. Concerning Kiddush [of Shemini Atzeres] there is absolutely no issue to say it on a day that is [still] Sukkos, for one may be Mosif meChol al haKodesh (add from the mundane to the holy). Sukkos is [considered] Chol and the eighth day is Kodesh [and] the Kiddush is recited for its sake. But the Bracha of Leshev is difficult to place. It is not correct to omit it for why should an obligatory Bracha be lost? Indeed, Brachos do not prevent [the fulfillment of the Mitzva] but this is only Bedieved. To obligate oneself in a Bracha by eating in a Sukkah before nightfall and to omit it would be a great sin [and] by doing so he would be stealing the Bracha [from Hashem] and committing Me’ila, God forbid.

The Taz rejects this view on the basis that Chaza”l allow a person to be Mosif meChol al haKodesh. This implies that immediately upon accepting Shemini Atzeres, the preceding day of Hoshana Raba is over and one becomes exempt from all the Mitzvos of Sukkah and there is no reason to make a Bracha of Leshev baSukkah.

This allows us to better understand the Psak of the Taz thatforbids accepting Shavuos early. Since accepting Yom Tov effects a complete transition from one day to the next, accepting Shavuos early will shorten the “50” days and prevent “Temimos”.

The Magen Avraham’s approach is harder to understand. His distinction between Tefila and Kiddush implies that he holds that there are two different ways in which one brings in Shabbos or Yom Tov early:

1. 1)        Acceptance through Tefila – By davening early, a person extends the sanctity of Shabbos into the previous week. However, there is no actual change in the day as he merely adds sanctity to Chol. This is why he may daven Ma’ariv of Shavuos before nightfall since “Temimos” will be unaffected.
2. 2)        Acceptance through action – Kiddush can only be recited once the actual day of Yom Tov has begun because Kiddush effects the transition. Therefore,  one should not make Kiddush before nightfall on Shavuos as the preceding days will not be considered Temimos.

If so, it is difficult to understand why the Magen Avraham is opposed to making Kiddush before nightfall of Shemini Atzeres. Since he agrees with the Taz that Kiddush effects a transition from one day to the next, there should be no reason to sit in the Sukkah or to require the Bracha of Leshev baSukkah when making Kiddush.

At any rate, it is clear from the Poskim and Mishna Berura that the only concern of bringing in Shemini Atzeres early is the Bracha of Leshev baSukkah. A hospital inpatient or any Choleh (or his attendant) who is exempt from the Mitzvah of Sukkah may bring in Yom Tov early and eat before nightfall just as he may on a regular Shabbos. The issue of Tarti d’Sasri is irrelevant since they are exempt from sitting in the Sukkah.