Tisha B'av

For the week ending 14 July 2018 / 2 Av 5778

How to Make Havdalah During the Nine Days 5778 / 2018

by Rabbi Yehuda Spitz
Library Library Kaddish

Have you given any thought to how you are going to make Havdalah this Motzai Shabbos? The proper way to perform Havdalah the Motzai Shabbos preceding Tisha B’Av (generallyMotzai Shabbos Chazon), is one annual issue that seems to always have disparate approaches.

The main problem is that the very essence of Havdalah is ending Shabbos, resulting in the fact that it is actually recited during ‘chol’, weekday. That is fine for an ordinary week, but Motzai Shabbos Chazon is halachically part and parcel not only of the Nine Days, but actually considered ‘Shavua Shechal Bah Tisha B’Av’. This means that even the Sefardim, who are generally lenient with the Three Weeks’ and Nine Days’ restrictions,[1] are still required to keep them during this week. And one of these restrictions prohibits drinking wine,[2] the mainstay of Havdalah.[3] So how are we supposed to synthesize making Havdalah while not transgressing this restriction?

Actually, this year, 5778 / 2018, this dilemma is doubled, as there are two Havdalahs in question, but interestingly, neither is truly on Motzai Shabbos Chazon. The first Havdalah is this week, Motzai Parshas Mattos – Masei, and the second, the following week, with the Taanis Nidcheh of Tisha B’Av being observed immediately after Shabbos’s conclusion, its Havdalah gets pushed off until Sunday night (see Tur, Shulchan Aruch, and main commentaries to Orach Chaim 556: 1). Yet, many of the Nine Days’ restrictions are still in effect until the next day, including those of eating meat and drinking wine;[4] yet, Havdalah still needs to be recited.[5] Hence, the compounded confusion.

Just Drink It!

The first approach to this problem is the Shulchan Aruch’s.[6] He maintains that whoever makes the Havdalah should just drink the wine himself. The Gr”a explains this position (and is later echoed by the Mishna Berura) that Havdalah is no worse than a Seudas Mitzva; just as at a Seudas Mitzva (such as a Bris) one may drink the wine even if it falls out during the week of Tisha B’Av,[7] so too by Havdalah. They add that according to the Shulchan Aruch, these restrictions were never intended to negate a Mitzva. This ruling is accepted and followed by Sefardic Jewry, and this Motzai Shabbos, their psak is to drink the Havdalah wine.[8] [9]

Child Care

The Rema’s[10] opinion is a bit more complicated. He maintains that it is preferable to find a child and let him drink the Havdalah wine. That way, the one who actually makes the Havdalah does not have to transgress this prohibition. He concludes however, that me’iker din the Shulchan Aruch is correct, and if one cannot find a child to drink the wine, then an adult may do so.

But one detail the Rema does not mention is how old this child should be. The Magen Avraham (and clarified by the Machatzis HaShekel and Dagul Mervava ad loc.) qualifies the Rema’s ruling. He explains that the child must not be old enough to be able to mourn the destruction of the Beis HaMikdash, for if a child is able to understand and properly mourn, there is no halachic advantage gained by having him drink the cup. Additionally, the child must be ‘higia l’chinuch’, old enough to understand the need to make a bracha before drinking, for, if not, the Havdalah would end up being a ‘bracha levattala’, in vain, unless an adult drinks the wine. So basically, to fulfill the Rema’s ruling lechatchila, the child must be in the ballpark of 6 to 9 years old;[11] otherwise, it would be preferable for an adult to drink it. This ruling is followed by most mainstream Ashkenazic authorities, including the Magen Avraham, Chayei Adam, Kitzur Shulchan Aruch, and Mishna Berura.[12]

Can You Beer It?

However, there is a third opinion, that of the Aruch Hashulchan.[13] He maintains that the best solution to our concern is to make Havdalah on Motzai Shabbos Chazon using beer instead of wine. Since beer is cited throughout the ages as a ‘Chamar Medina’, a ‘drink of the land’ on which Havdalah is permitted to be made,[14] it would therefore be the simplest resolution to our problem.

However, many authorities remain hesitant to rely on this l’maaseh. The reason for this is that there is no clear-cut delineation of what ‘Chamar Medina’ actually is or how to properly define it, resulting in different poskim having very different understandings of its parameters.

For example, many authorities maintain that one may only rely on using ‘Chamar Medina’ if wine cannot be found anywhere in the city.[15] Others maintain that it must be a popular drink that people would always serve at a proper meal.[16] A different definition cited is that it must be a drink that one would serve to honor someone.[17] Others define it as a drink that can be intoxicating, making having alcoholic content a prerequisite.[18] Another view is that it must be a drink that has inherent importance.[19] Others say it refers to a drink that one has ‘chavivus’, an affection for or affinity to drinking.[20]

Although our ubiquitous beer fits many of these definitions, still the Magen Avraham and Vilna Gaon ruled that in Ashkenaz, beer has lost its status of ‘Chamar Medina’.[21] Also, due to the whole machlokes regarding defining ‘Chamar Medina’, as well as the fact that many authorities rule that if wine is available, it trumps beer’s use for Havdalah, consequently, many poskim are hesitant about fulfilling the mitzvah of Havdalah with beer in this day and age. Additionally, based on how beer is viewed nowadays, and especially in Eretz Yisrael, several poskim, including the Chazon Ish,[22] rule that beer would no longer be considered ‘Chamar Medina’.

Conversely, many contemporary authorities do indeed confirm beer as ‘Chamar Medina’, even nowadays; yet, they still generally maintain wine’s superiority for Havdalah.[23]

What To Drink?

So now that we explained that there is a three-way machlokes, what’s the bottom line?

Generally speaking, Sefardim follow the ruling of the Shulchan Aruch, and therefore the adult who makes the Havdalah should drink the wine. Most mainstream Ashkenazim follow the Rema’s psak and try to find a child in the proper age range (approx. 6 - 9). If one cannot be found, then an adult should drink the wine. Yet, surprisingly, several contemporary Ashkenazic poskim, including Rav Yosef Chaim Zonnenfeld, the Chazon Ish, and Rav Shlomo Zalman Auerbach, held that it is preferable to follow the ruling of the Shulchan Aruch and an adult should rather drink the wine than a child. Rav Moshe Feinstein is quoted as holding this way as well.[24]

But what of the Aruch Hashulchan’s beer solution? Certainly the authorities mentioned previously who allow beer’s use for Havdalah year round would permit one to do so Motzai Shabbos Chazon as well. Rav Dovid Feinstein shlit”a is quoted as maintaining beer’s actual preference for Havdalah on Motzai Shabbos Chazon.[25] Indeed, this author has likewise heard from Rav Efraim Greenblatt zt”l (the renowned Rivevos Efraim)[26] that one may make Havdalah with beer on Motzai Shabbos Chazon with no compunction.

In somewhat of a contrast, mv”r Rav Yaakov Blau zt”l told this author that although he personally held that it was preferable for an adult to drink the Havdalah wine, nonetheless, he gave dispensation to one who was accustomed to making Havdalah on beer, or one who’s minhag was to do so on Motzai Shabbos Chazon, to continue doing so, even in Eretz Yisrael. Rav Shlomo Zalman Auerbach zt”l held similarly.[27]

Interestingly, it is reported that ‘Meine Altere Shuchein’, the Bobover Rebbe zy”a, would make Havdalah on Motzai Shabbos Chazon on wine and drink it himself, but when Tisha B’Av would fall out on Motzai Shabbos, on that Motzai Tisha B’Av he would make that Havdalah specifically on beer.[28]

However one ends up making Havdalah this Motzai Shabbos [make sure to discuss this with your local rabbinic advisor in advance], it is important for us all to remember that these restrictions were instituted by our Rabbanim as a public show of mourning during the most devastating time period on the timeline of the Jewish year. Our goal should be to utilize these restrictions as a catalyst for inspiration towards Teshuva.[29]It is worthwhile to do so, as well. As the Gemara relates, everyone who observes and properly demonstrates their personal mourning over the destruction of Yerushalayim will merit seeing its rejoicing.[30]

Postscript 1: Choleh on Tisha B’Av: Havdalah

Many have asked what a choleh (ill or sick person) should do if he or she has a halachic dispensation to eat on Tisha B’Av itself. The halacha is that if a choleh or cholah is required to break his or her fast on Tisha B’Av HaNidcheh, he or she is required to make Havdalah before he or she eats. Nevertheless, the vast majority of contemporary authorities maintain that this Havdalah should be made on beer or other ‘Chamar Medina’, and not with wine, as not to violate the exhortation of the Gemara in Taanis (30b), “kol ha’ochel bassar v’shoseh yayin b’Tisha B’Av, alav hakasuv omer ‘v’tehu ovonosam al atzmosam”, explaining the grave sin that befalls one who eats meat or drinks wine on Tisha B’Av.[31]

On the other hand, the Steipler Gaon is quoted[32] as maintaining wine’s preference for Havdalah even on Tisha B’Av, as (mentioned previously) the Chazon Ish held that beer and other drinks do not maintain ‘Chamar Medina’ status nowadays. There are those who hold that as so, there is still a preference for grape juice over wine in this scenario.[33] It goes without saying that if there is no ‘Chamar Medina’ available then lema’aseh one should still make this Tisha B’Av Havdalah with wine, as either way, Havdalah is indeed mandated.[34]

If one only needs to break his fast only to drink water, then Havdalah would not actually be mandated, as one is normally technically permitted to drink water before Havdalah anyway.[35]

On a side point, and quite interestingly, and although not the normative halachah, there are several contemporary poskim who maintain that a woman need not make Havdalah to break her fast.[36] Other solutions include that the husband should make Havdalah on Tisha B’Av and she or a child drink it. If following this, then an additional Havdalah on Sunday night is not needed. In case of actual sheilah, one should ask her posek which shittah to personally follow.

Either which way, this Havdalah for a Choleh on the fast itself should start from the bracha on the kos and only consists of that bracha and Hamavdil Bein Kodesh L’Chol.[37] There is no bracha of Besamim as that is considered hana’ah (benefit or pleasure), which we minimize on Tisha B’Av. It is also not recited on Motzai Tzom (Sunday night), as at that point it is no longer directly after Shabbos. Regarding Borei Me’orei Ha’Aish, that is generally recited in shul (or at home) after Maariv, and therefore would most likely not be included in the Havdalah recited by a Choleh prior to breaking his or her fast.[38]

Postscript 2: Motzai Tisha B’Av Havdalah:

Interestingly, there is an additional machlokes between the Mishna Berura and Aruch Hashulchan whether the Sunday night / Motzai Tisha B’Av Havdalah is more relaxed vis-à-vis drinking wine for Havdalah. The Mishna Berura,citing the Dagul Mervavah,[39] writes that it not as restrictive as the rest of the Nine Days for this inyan, and one may therefore personally drink of the Havdalah wine without necessitating finding a child to drink. Yet, the Aruch Hashulchan disagrees, maintaining that the Nine Days restrictions are still fully in effect, and is therefore preferable to make Havdalah on ‘Shaar Mashkin’ (Chamar Medina; this is leshitaso - as was previously explained at length) and not wine.[40] A third opinion, that of the Elyah Rabba and Pri Megadim, is that one may use wine, but must give it to a child to drink, just like the Rema’s ruling on a standard Motzai Shabbos Chazon.[41]

Even more interesting is that all of these shittos are actually based on the Maharil, the early Ashkenazic codifier. In his Sefer on Minhagim,[42] the Maharil writes regarding Tisha B’Av HaNidcheh that ‘kishehichshich beireich Borei Pri HaGafen V’Havdalah’, which the Dagul Mervavah notes, implies that Havdalah may be made on wine on this Sunday night. Yet, the Aruch Hashulchan, as well as the Elyah Rabba and Pri Megadim, follows the explicit ruling of the Rema, which is based on a responsum of the Maharil,[43] that regarding Tisha B’Av HaNidcheh, wine is still prohibited until the next morning. Apparently, the Mishna Berura understood the Maharil as maintaining that B’Makom Mitzvah, such asHavdalah, one needn’t have to be so stringent on Motzai Tisha B’Av HaNidcheh regarding drinking wine.[44]

Most contemporary authorities seem to follow the Mishna Berura’s ruling that one may make this Havdalah with wine and personally drink it. Certainly those who follow the Shulchan Aruch’s ruling of drinking the Havdalah wine during the Nine Days would do so here as well, as Havdalah is the same ‘Makom Mitzva’ that the Shulchan Aruch ruled is an exception to the Nine Days’ restrictions. As with all cases in halachah, one should ascertain from a knowledgeable rabbinic authority which opinion he should personally follow.[45]

The author wishes to acknowledge R’ Zvi Ryzman’s sefer Ratz KaTzvi (on Hilchos Shabbos Ch. 15), which contains a wealth of information on the parameters of ‘Chamar Medina’ and has been extremely useful in writing this article.

This article was written L’Iluy Nishmas R’ Chaim Baruch Yehuda ben Dovid Tzvi, L’Refuah Sheleimah for R’ Shlomo Yoel ben Chaya Leah, R’ Yerucham ben Chaya Sara Baila, Gershon Gedalyah ben Chana Rus, and l’zechus for Shira Yaffa bas Rochel Miriam v’chol yotzei chalatzeha for a yeshua sheleimah!

For any questions, comments or for the full Mareh Mekomos / sources, please email the author: yspitz@ohr.edu.

Rabbi Yehuda Spitz serves as the Sho’el U' Meishiv and Rosh Chabura of the Ohr Lagolah Halacha Kollel at Yeshivas Ohr Somayach in Yerushalayim. He also currently writes a contemporary halacha column for the Ohr Somayach website titled “Insights Into Halacha”. http://ohr.edu/this_week/insights_into_halacha/.

[1] See previous article titled ‘When Do the Three Weeks Start?’. Although there are several Sefardic authorities who maintain that Sefardim should follow the Ashkenazic minhag and start the restrictions from Rosh Chodesh Av [Including the Knesses HaGedolah (Orach Chaim 551: Haghos on the Tur 5), the Ben Ish Chai (Year 1, Parshas Devarim 4, 5, & 12), and Kaf Hachaim (Orach Chaim 551: 44, 80, & 142); although they generally only start immediately following Rosh Chodesh Av, as opposed to most Ashkenazic authorities who include Rosh Chodesh Av itself in the restrictions], nevertheless, most Sefardim are only noheg most of these restrictions from the actual week of Tisha B’Av as per the ruling of the Shulchan Aruch (Orach Chaim 551, 10). See Shu”t Yabea Omer (vol. 6, Orach Chaim 46 and vol. 9, Orach Chaim 50, 1), Shu”t Yechaveh Daas (vol. 1: 41 and vol. 4: 36), Rav Mordechai Eliyahu’s Darchei Halachah glosses to the Kitzur Shulchan Aruch (122: 19), and Yalkut Yosef (Kitzur Shulchan Aruch, Orach Chaim 551; 1). Many of these restrictions are generally still in effect until midday (Chatzos) of the next day, the tenth of Av (see Shulchan Aruch, Rema, and main commentaries to Orach Chaim 558), with some being makpid the whole next day for some of the restrictions (but not this year, with Tisha B’Av actually being observed on the tenth of Av, since it falls out on Shabbos).

[2] Shulchan Aruch (Orach Chaim 551, 10).

[3] See Tur & Shulchan Aruch (Orach Chaim 294 - 296) at length, Ohr Zarua (vol. 2, 25), Pirkei D’Rav Eliezer (Ch. 20), Mishna Berura (296, 8), and Kaf Hachaim (Orach Chaim 182, 1 & 14; quoting the Zohar on the importance of using wine for Havdalah).

[4] See Shulchan Aruch and Rema and main commentaries to Orach Chaim 558.

[5] However, this is not the full Havdalah [as ‘Borei Me’orei HaAish’ is made on Motzai Shabbos Tisha B’Av and ‘Besamim’ is skipped on Tisha B’Av as on Motzai Shabbos it is considered a bracha of ‘taanug’], and just consists of the bracha on the Kos and ‘HaMavdil’. See Shulchan Aruch (Orach Chaim 556, 1), Levush (ad loc. 1), Chayei Adam (vol. 2, 136, 5), Kitzur Shulchan Aruch (125, 6 and 7), Aruch Hashulchan (Orach Chaim 556, 1 and 2), and Mishna Berura (ad loc. 1). This is discussed at length later in the article.

[6] Shulchan Aruch (Orach Chaim 551, 10), Biur HaGr”a (ad loc. s.v. u’mutar), Mishna Berura (ad loc. 67).

[7] This issue, including who may participate in a fleishig bris during the Nine Days, was discussed at length in an article titled ‘Meat on Rosh Chodesh Av?’.

[8] See Kaf Hachaim (Orach Chaim 551, 152), Rav Mordechai Eliyahu’s Darchei Halacha Glosses to the Kitzur Shulchan Aruch (122, 14), and Yalkut Yosef (Kitzur Shulchan Aruch, Orach Chaim 551, Din Achilas Bassar B’Teishes HaYamim 24).

[9] Although non-alcoholic, grape juice would nonetheless not be any more preferential for Havdalah this Motzai Shabbos. We refrain from meat and wine in the Nine Days as a symbol of mourning for the destructions of the Batei Hamikdash - where Karbonos were brought daily - mainly Zevachim (which was meat) and Nesachim (its wine libation).The Shulchan Aruch (Orach Chaim 551, 10) mentions that any wine, including freshlymade wine, is forbidden during the Nine Days. The Mishna Berura (ad loc. 66) explains that even though it is sweet and weak, and could not be used as a libation in the Bais HaMikdash, it is nonetheless forbidden because the accepted restriction does not differentiate, but rather is to refrain from all types of wine. Since this weak beverage is still considered a 'wine', we do not drink it during the Nine Days. The same would apply to our ubiquitous grape juice, which is still considered a type of wine. Therefore, halachically, using it for Havdalah is technically no more of a solution than drinking wine. See Shu”t Minchas Shlomo (vol. 1, 64), Shu”t Rivevos Efraim (vol. 8, 177; citing many poskim), Moadei Yeshurun (pg. 130) and Mesores Moshe (vol. 1, pg. 174 s.v. mitz) quoting Rav Moshe Feinstein, Shu”t Even Yisrael (vol. 9, Haaros on Mishna Berura, Hilchos Tisha B’Av pg. 110 s.v. vtz”a), Shu”t Teshuvos V’Hanhagos (vol. 2, 259), Shu”t Ohr L’Tzion (vol. 3, Ch. 26, 8), Rav Chaim Kanievsky’s Moadei HaGra”ch (vol. 1, 317 and 318), Rav Shmuel Kamenetsky’s Kovetz Halachos (Dinei Bein HaMetzarim), Sefer Nechemas Yisrael (pg. 114, 295), Halichos Even Yisrael (Moadim vol. 1, pg. 348: 1 and footnote 1), Netei Gavriel (Hilchos Bein HaMetzarim vol. 1, Ch. 39), Piskei Teshuvos (vol. 5, 551, 42), and the Belz Dvar Yom B’Yomo Luach (5776; pg. 647). Rav Asher Weiss (the renowned Minchas Asher) has recently averred the same to this author.

[10] Rema (Orach Chaim 551, 10), based on Shu”t Maharil (15). Interestingly, the Maharil himself writes that he saw that his Rabbeim were not so makpid with this restriction. The Gr”a (ad loc. s.v. v’nohagin), and later the Mishna Berura (ad loc. 68), explain that regarding Havdalah there is an option to let a child drink it as opposed to a Seudas Mitzva.

[11] Although there are different opinions on what the age of Chinuch is for different Mitzvos, nonetheless, the Chok Yaakov (Orach Chaim 472: 27; regarding the Arba Kosos) maintains that it is 5 or 6 years old and the Mishna Berura (263, 1 & Shaar Hatziyun 551, 91; although some say that these two mareh mekomos are soser each other, nonetheless m’pashtus this is his kavanna for the age of Chinuch across the board) sets the age of Chinuch at 6 years old. He adds that it might even be 7 depending on how charif a child might be. Rav Yisrael Yaakov Fischer (Halichos Even Yisrael, Moadim vol. 1, Hilchos Bein HaMetzarim pg. 353, footnote 18) writes that for this inyan it is referring to ‘higia l’chinuch’ for brachos but still cannot properly mourn, which he estimates at around 6 years old. [For more on how the poskim define the age of Chinuch see sefer Chinuch Yisrael (from Rav Dovid Harfernes, author of Shu”t Nishmas Shabbos; Ch. 2, 9, ppg. 178 - 182) and Rav Dovid Shapiro’s maamar in Kovetz Moriah (Tishrei 5751, vol. 199 - 200, pg. 104 - 105).] However, defining the age of understanding how to mourn is not so simple. The Chavos Yair (Mekor Chaim ad loc.) sets this at 9 years old, while the Me’am Loez (Yalkut Me’am Loez on Parshas Devarim) sets it at 10. Rav Moshe Feinstein, regarding Aveilus writes (Shu”t Igros Moshe - Yoreh Deah vol. 1, end 224) that ‘only when children reach 7 or 8 years old is it possible to be mechanech them to Availus’. There are poskim who maintain that it is preferable for an adult to drink the Havdalah wine himself, and not to rely on a child who may or may not fit the proper age range, as it is unclear. See next footnote as well as footnote 22. In a different, yet perplexing vein, it is interesting to note that the Shulchan Aruch HaRav writes in Orach Chaim 295, 4 that one who exclusively gives a child to drink of the Havdalah wine, without partaking of any himself, is not yotzai Havdalah! Aside for the fact that this would seem at odds with the Rema’s psak here, as several Acharonim point out [see Tehilla L’Dovid (Orach Chaim 295) and Rav Chaim Na’eh’s Ketzos Hashulchan (97, Badei Hashulchan 6)], it also seems to contradict his own ruling in Orach Chaim 190, 4, where he allows a child to drink of any ‘Kos Shel Bracha’ with no restrictions.

[12] See Magen Avraham (Orach Chaim 551, 31), Machatzis HaShekel (ad loc.), Pri Megadim (ad loc. Sifsei Daas 31), Dagul Mervava (ad loc.), Chayei Adam (vol. 2, 133, 16), Kitzur Shulchan Aruch (122, 8), Mishna Berura (551, 70), Rav Yosef Eliyahu Henkin’s authoritative Ezras Torah Luach (Chodesh Av; and reprinted in his posthumously published Shu”t Gevuros Eliyahu - Orach Chaim 153 s.v. Shabbos Chazon), and Rav Yechiel Michel Tukachinsky’s essential Luach Eretz Yisroel (Chodesh Av, Parshas Devarim). The Steipler Gaon (Orchos Rabbeinu vol. 2, pg. 135, 23) and Rav Yosef Shalom Elyashiv (Ashrei HaIsh - Orach Chaim vol. 3, pg. 468 - 469, 34 & 35) are quoted as maintaining that if a child within that age range cannot be found, it is still preferable to allow a boy up until his Bar Mitzva to drink, before relying on an adult to drink. However, the Butchacher Gaon (Eshel Avraham - Orach Chaim 551, 10) held that once a child can properly mourn, an adult might as well drink in his stead. Rav Elyashiv stressed that this dispensation for a child is only for a boy not a girl. An adult male drinking Havdalah wine is preferable to a girl within the proper age range. [See the following commentaries to Orach Chaim 296: the Rema (8), Bach (1), Magen Avraham (4 & 11), Derech HaChaim (Dinei Havdalah 3), and Mishna Berura (35 & Shaar Hatziyun 34).]

[13] Aruch Hashulchan (Orach Chaim 551, 26).

[14] As seen in Gemara Pesachim (107a) in the story of Ameimar regarding his using beer for Havdalah after realizing that in the locale he was in, it was ‘Chamar Medina’. See Tur and Shulchan Aruch (Orach Chaim 292, 2) and Biur Halacha (ad loc. s.v. im). However, using Chamar Medina for Kiddush is not so simple, as the Gemara’s conclusion of its discussion of the topic is unclear, and the Rishonim therefore reach different conclusions as to its permissibility. For example, the Rambam (Hilchos Shabbos Ch. 29, 17), Maggid Mishna (ad loc.; also citing the Maharitz Giyus), Hagahos Maimoniyos (ad loc. 3; citing several other Rishonim), Rif (Pesachim 22a-b in his pagination), Ran (ad loc. s.v. ain and aval), and Mordechai (Pesachim 37b in his pagination, right column; also citing Rabbeinu Peretz), all ruled stringently that one may not use ‘Chamar Medina’ for Kiddush at all, while the Rosh (Pesachim Ch. 10, end 17), citing the R”i and the Ra’avan, as well most of the Gaonim (cited by the Ba’er Hagolah,Orach Chaim 272, os lamed), ruled permissively. Yet, the Rosh himself adds a caveat, that for the Biblically mandated Friday night Kiddush it is preferable not to use ‘Chamar Medina’, and if no wine is available to rather use bread, and only for the Shabbos Day KiddushChamar Medina’ is preferred. Practically, the Tur and Shulchan Aruch (Orach Chaim 272, 9) conclude with the Rosh’s assertion, that for the Rabbinic Shabbos day Kiddush one may certainly use ‘Chamar Medina’, as there is no actual change in the order or makeup of Kiddush, just a ‘shehakol’ replacing the wine’s ‘hagafen’. The Shulchan Aruch seemingly concurs, calling the Rosh’s asserssment “divrei taam heim”, with the Rema (ad loc.) adding “v’chein haminhag pashut K’divrei HaRosh”, which explains why many are more inclined to be lenient with using ‘Chamar Medina’ for the Shabbos day Kiddush, but not the Friday night Kiddush.

[15] Rashbam (Pesachim 107a s.v. chamar medina and mahu), Rambam (Hilchos Shabbos Ch. 29, 17), Tur (Orach Chaim 272, 9), Bach (Orach Chaim 182), Magen Avraham (ad loc. 2), Levush (Orach Chaim 292, 1), Derech Hachaim (Hilchos Havdalah 5), Shulchan Aruch HaRav (Orach Chaim 272, 10), Kitzur Shulchan Aruch (45, 1 & 96, 3), Mishna Berura (272, 24 & 296, 8). However, see Shu”t Shevet HaLevi (vol. 3, 26 & vol. 5, 32) who is melamed zchus on those who do not follow this.

[16] Aruch Hashulchan (Orach Chaim 272, 14 & 296, 13). He maintains that even if wine is available, as long as beer is very popular one may make Havdalah with it. See Shu”t Teshuvos V’Hanhagos (vol. 4, 77) who implies similarly but argues that nowadays beer would no longer fit the bill, but tea and coffee would.

[17] Aderes (Kuntress Over Orach), Rav Moshe Feinstein zt”l (Shu”t Igros Moshe - Orach Chaim vol. 2, 75) and the Tzitz Eliezer (Shu”t vol. 8, 16). Although several contemporary poskim argue and were indeed lenient [see Shu”t Rivevos Efraim (vol. 3, end 439), quoting Rav Elya Meir Blochzt”l, Rosh Yeshivas Telz, Rav Yaakov Rudermanzt”l, Rosh Yeshivas Ner Yisrael, and Rav Yisrael Zev Gustmanzt”l, Rosh Yeshivas Netzach Yisrael, as well as Rav Chaim Pinchas Scheinbergzt”l, Rosh Yeshivas Torah Ore (cited in Ratz KaTzvi on Hilchos Shabbos 15, 7)], Rav Moshe strongly excluded soda from this category as he maintained that it is mainly drunk for thirst and not as a drink meant to honor someone. Rav Aharon Kotlerzt”l, Rav Yaakov Kamenetskyzt”l (cited in Ratz KaTzvi ibid.), Rav Shlomo Zalman Auerbachzt”l (cited in Maadanei Shlomo on Moadim, Bein HaMeitzarim pg. 59), and Rav Yosef Shalom Elyashiv zt”l (cited in Shu”t Avnei Yashpei vol. 1, 60, pg. 105, note 3 and Ashrei HaIsh, Orach Chaim vol. 2, Ch. 7, pg. 81), are quoted as agreeing with Rav Moshe’s stringent stance on this. This author has heard b’sheim Rav Yaakov Reisman, son-in-law of Rav Mordechai Gifter zt”l, the famed Telzer Rosh Yeshiva, as well as from Rav Binyomin Sorotzkin (Rosh Kollel Ateres Shlomo and author of Nachlas Binyomin), that Rav Gifter used to make Havdalah every week using Ginger-Ale (quite probably Vernor’s, as in the American Midwest this is considered somewhat of a ‘Chashuv’ drink). Similarly, it is told (see Rabbi Dr. Ari Zivotofsky’s article ‘Kiddush Over Schnapps’ in the (RJJ) Journal of Halacha and Contemporary Society, vol. 72, Fall 2016, pg. 35 footnote 53) that in the late 1950s, when yayin mevushal was not available, and until grape juice became prevalent, Rav Elazar Mayer Teitz of Elizabeth, NJ would make Kiddush for his shul on soda.Lechoirah even according to the mekeilim, their Kavanna was on a higher end soda that is popular but still has a chashivus, like Coca-Cola, which even in Eretz Yisrael nowadays is considered a “chashuv” drink. Ostensibly, Faygo Redpop, Super Drink, or Cristal soda would be assur to use for Havdalah l’divrei hakol.

[18] Shu”t Halachos Ketanos (vol. 1, 9), Maharsham (Daas Torah - Orach Chaim 296, 4), Shu”t Shem M’Shimon (Orach Chaim 14), and the Chida (Birkei Yosef - Orach Chaim 296, 3; cited in Shaarei Teshuva ad loc.) according to Rav Ovadiah Yosef’s understanding of his words. See Shu”t Yabea Omer (vol. 3, Orach Chaim 109, 19) and Shu”t Yechaveh Daas (vol. 2, 38). Rav Ovadiah adds that Rav Chaim Na’eh (Ketzos Hashulchan 97, Badei Hashulchan 7 & 8) and the Minchas Shabbos (on the Kitzur Shulchan Aruch 96, 14) rule that one may not make Havdalah on tea or coffee, as does the Levushei Mordechai (Shu”t Mahadura Tinyana - Orach Chaim 51), and he personally concludes that one who makes Havdalah on tea or coffee has possibly made a bracha levatala. Rav Ben Tzion Abba Shaul (Shu”t Ohr L’Tzion vol. 2. Ch. 20, 19) agrees that tea and coffee are not considered ‘Chamar Medina’, as even though they are popular, one cannot get intoxicated from them. However, the Tzitz Eliezer (ibid.) argues that this was not the Chida’s intent, and concludes that b’shaas hadchak one may make Havdalah on tea or coffee, as did Rav Moshe Feinstein (Shu”t Igros Moshe - Orach Chaim vol. 2, 75). Rav Nissim Karelitz (Chut Shani on Hilchos Shabbos vol. 4, Ch. 6, 4, pg. 112 s.v. u’lmaaseh) agrees that only b’shaas hadchak may one make Havdalah on black coffee; if it is mixed with milk and / or sugar then one definitely may not. On the other hand, Rav Pesach Eliyahu Falk (Shu”t Machazeh Eliyahu vol. 1, 34) cites many issues with making Havdalah on tea or coffee, and concludes that onlyb’shaas hadchak may one do so, but exclusively on coffee or tea with milk and / or sugar, the way one normally drinks it. He adds that if someone would make Havdalah with black coffee, he would need to repeat Havdalah. A more permissive sentiment is given by Rav Moshe Sternbuch (Shu”t Teshuvos V’Hanhagos vol. 4, 77; see footnote 14) who maintains that nowadays ‘Chamar Medina’ does not need to be intoxicating, as that is not the type of drink people commonly have at a meal. He explains that the most common ‘Chamar Medina’ nowadays is tea and coffee, and therefore one may make Havdalah using them, but only the way they are commonly drunk, with milk and sugar. He concludes that Brisker Rav was known to have made Havdalah on tea and coffee. It is also known (see Igros HaRav Chaim Ozer pg. 68) that Rav Chaim Ozer Grodzenski was makpid to make Havdalah on piping hot tea to show that it is considered ‘Chamar Medina’, but only the way it is normally drunk; i.e. hot. On the other hand, Rav Shlomo Zalman Auerbach is quoted as holding (Maadanei Shlomo on Moadim, Bein HaMeitzarim pg. 59) that although coffee and tea are me’ikar hadin considered ‘Chamar Medina’, nevertheless, practically, it is almost impossible to use either of them for Havdalah. Since they are drunk hot, how can one drink a mouthful of coffee to be yotzai Havdalah? And if one waits until it cools off, it loses its chashivus, because no one prefers to drink warm coffee and many rather relegate it to the dustbin.

[19] Chayei Adam (vol. 2, 8, 13) and Mishna Berura (296, 10; based on a diyuk from the Taz - Orach Chaim 182, 1 and Elyah Rabba ad loc. 5).

[20] Rema (Orach Chaim 296, 2). See Biur Halacha (ad loc. s.v. im) and Kaf Hachaim (ad loc. 26). The Matteh Efraim (624: 6) seemingly agrees with this assessment as he rules that that in a place where beer is ‘Chamar Medina’, one may make Havdalah with it on Motzai Yom Kippurim hu chaviv alav’. See also Ratz KaTzvi (on Hilchos Shabbos Ch. 15, 9 & 10) who maintains that this is also the Sefer HaChinuch’s position (Parshas Yisro, Mitzva 31) as well. The Rema rules that on Motzai Pesach it is preferable to make Havdalah on beer, because then it is chaviv to him. See next footnote.

[21] The Rema (Orach Chaim 296, 2) rules that on Motzai Pesach it is preferable to make Havdalah on beer, because then it is chaviv to him. However, the Magen Avraham (ad loc. 6) vehemently argues, that in Ashkenaz - beer is not considered ‘Chamar Medina’, and concludes that it would therefore be assur to make Havdalah with it, even if no wine was available. The Gr”a, Rabbi Akiva Eiger (ad loc.), and the Shulchan Aruch HaRav (ad loc. 10; he does conclude that in ‘Medinos Eilu’ nohagin lehakel like the Rema), as well as later the Mishna Berura (ad loc. 12), all seem to accept the Magen Avraham’s psak that in ‘Ashkenaz’ one may not rely on the Rema’s ruling to allow Havdalah to be made with beer. [However, it is important to note that they all agree that if one is in a place where beer is positively considered ‘Chamar Medina’, then one may make Havdalah on it.] However, the Aruch Hashulchan (ad loc. 13) argues, stating that if that were true, why did the Rema add the part about Motzai Pesach, he should have just stated a rule. He therefore maintains that one may make Havdalah on beer, even if wine is available, as long as it is popular (see footnote 14). There is an interesting epilogue to this Motzai Pesach machlokes. The Torah Temimah (Parshas Bo Ch. 12, 168 s.v. ve’ayen) writes that he heard that the Vilna Gaon used to make Havdalah on Motzai Pesach on beer, possibly to fulfill the diyuk of the Targum Yonason on that pasuk (Parshas Bo Ch. 12, verse 18; that he adds the one should eat chametz on Motzai Pesach). However, as Rav Shlomo Zalman Auerbach (Halichos Shlomo on Moadim vol. 2, Ch. 10, footnote 71) pointed out, this seems odd, as it would go against his own ruling of the preference of wine over beer; additionally, in the Maaseh Rav HaShalem (Minhagei HaGr”a, Hilchos Pesach, 185, pg. 208 - 209) it only mentions that the Vilna Gaon would make sure to taste some chametz on Motzai Pesach, not actually make Havdalah on it. Thanks are due to R’ Joel Schnur, Vilna Gaon descendent’s mechutan and enthusiast extraordinaire, and Rabbi Eliezer Brodt, author of Bein Kesseh La’Asor and Likutei Eliezer, for pointing out these sources to me.

[22] Including the Chazon Ish, the Steipler Gaon, and his son, Rav Chaim Kanievsky (see Kovetz Teshuvos vol. 1, 57, s.v. ode b’hanal and Orchos Rabbeinu vol. 2, pg. 136, 25; although Rav Chaim would allow beer if one needed to make Havdalah on Tisha B’Av itself – see footnote 29), Rav Nissim Karelitz (Chut Shani on Hilchos Shabbos vol. 4, Ch. 6, 4, pg. 111 s.v. uv’chu”l; however he concludes that b’shaas hadchak and if it is impossible to get wine for Havdalah, then one may use beer), Rav Binyomin Zilber (Shu”t Az Nidberu vol. 11, 48 s.v. siman 371), the Netei Gavriel (Hilchos Bein HaMetzarim vol. 1, Ch. 39, footnote 13) and Rav Moshe Sternbuch (Shu”t Teshuvos V’Hanhagos vol. 4, 77; see footnote 14). Rav Asher Weiss recently told this author that in his opinion, it is problematic to allow beer for Havdalah lechatchila nowadays. He explained that since there exists such a wide range of possibilities and everyone’s drinks are based on their own personal preferences, it is difficult to ascertain and label any specific drink as a ‘national drink’ and considered a true ‘Chamar Medina’.

[23]Including Rav Shlomo Zalman Auerbach (Halichos Shlomo on Moadim vol. 2, Ch. 16, Dvar Halacha 16), Rav Yosef Shalom Elyashiv (Kovetz Teshuvos vol. 1, 57, 1), Rav Yaakov Kamenetsky (Emes L’Yaakov on Shulchan Aruch Orach Chaim 296, footnote 325 & Orach Chaim 551, footnote 525), Rav Yisrael Yaakov Fischer (cited in Kovetz Beis Yisrael, Shevat - Adar 5755 pg. 80 & Shu”t Rivevos Efraim vol. 7, 103, 2), Rav Ben Tzion Abba Shaul (Shu”t Ohr L’Tzion vol. 2, Ch. 20, 19), Rav Ovadiah Yosef (Shu”t Yechaveh Daas vol. 2, 38), Rav Chaim Pinchas Scheinberg (cited in Chidushei Basra pg. 294), the Rivevos Efraim (Shu”t vol. 3, 371; and by oral psak), the Shemiras Shabbos K’Hilchasa (vol. 2, Ch. 60, 4 & footnote 14), and the Sha’arim Metzuyanim B’Halacha (96, Kuntress Acharon 3). See also Shu”t Shevet HaLevi (vol. 3, 26 & vol. 5, 32) who is melamed zchus on those who make Havdalah on beer.

[24] Rav Yosef Chaim Zonnenfeld (Shu”t Salmas Chaim, new print 317), the Chazon Ish (Dinim V’hanhagos Ch. 19, 8), and Rav Shlomo Zalman Auerbach (Halichos Shlomo on Moadim vol. 2, Ch. 14, 27). Rav Moshe Feinstein is quoted as holding this way as well. Rav Yisrael Yaakov Fischer (Halichos Even Yisrael, Moadim vol. 1, Hilchos Bein HaMetzarim pg. 353, 16) would give the kos to a kattan to drink if present, but would not actively search for one; if none around, he would unhesitantly drink the wine himself. See Mesores Moshe (vol. 1, pg. 174 s.v. u’lgabei) who quotes Rav Moshe Feinstein as ruling that wine is preferable to beer on Motzai Shabbos Chazon, as he held that one may only use ‘Chamar Medina’ if wine is not available, and the Nine Days’ restriction on wine is not sufficient to be considered ‘wine not available’. See also Moadei Yeshurun (pg. 154 - 155, 64), who adds that Rav Moshe held that since nowadays the minhag is to make Havdalah davka with wine and not beer, the adult should drink the wine even if a child is present. This is confirmed in the recently published Mesores Moshe vol. 2 as well (365; pg. 134). Mv”r Rav Yaakov Blau zt”l and Rav Asher Weiss both recently told this author that in their opinions this is the preferred solution as well. As mentioned previously, the Butchacher Gaon (Eshel Avraham - Orach Chaim 551, 10) held that if there is a safek on a child’s status (whether or not he is between the proper age ranges), an adult might as well drink in his stead. The Chazon Ish (cited in Birur Halacha - Orach Chaim 551, 10) and Rav Shlomo Zalman Auerbach (Halichos Shlomo ibid.) were similarly quoted as maintaining that since it is hard to ascertain whether a child truly fits in between the Chinuch categories, the adult should rather drink the wine himself. This is also the minhag in Belz (BelzDvar Yom B’Yomo Luach, 5776; pg. 653). The Terumas Hadeshen (cited in Leket Yosher pg. 110) was also known to have drunk the Havdalah wine himself.

[25] Kuntress Yad Dodi (Hilchos Taanis / Bein HaMetzarim, pg. 137, Question 26).

[26] The author wishes to thank R’ Naftoli Tabatchnik for posing this sheilah to Rav Greenblatt shortly before he was niftar. Rav Greenblatt explained that in his opinion, certainly beer nowadays is still considered ‘Chamar Medina’, and one may therefore be noheg like the Aruch Hashulchan’s mehalech.

[27] See Maadanei Shlomo (on Moadim, Bein HaMitzarim, pg. 59).

[28] This was discussed at length in Rabbi Eliyahu Sternbuch’s maamar in Kovetz Eitz Chaim (vol. 20; Av - Elul 5773). He gives interesting hypothesis as to why the Rebbe zt”l was noheg this way.

[29] See Mishna Berura (549, 1), based on the Rambam (Hilchos Ta’anis Ch. 5, 1).

[30] Gemara Taanis (30b) and Bava Basra (60b).

[31] The halacha is that if a choleh is required to break his fast on this Tisha B’Av HaNidcheh, he needs to make Havdalah [see Shaarei Teshuva (556, 1; citing the Chida’s Birkei Yosef ad loc. 2, as well as Shu”t Knesses HaGedolah vol. 2, 71; although they debate whether it is preferential to make this Havdalah on Motzai Shabbos or right before needing to break the fast), Kaf Hachaim (ad loc. 8 and 9; he also cites the minority opinion of several Rishonim, including the Ramban, Rashba, Ritva, and Radbaz, who maintain that in our case since Havdalah is pushed off it is no longer mandated), Shu”t Maharil Diskin (Kuntress Acharon 72), Shu”t Yaskil Avdi (vol. 7, Orach Chaim 36), Shu”t Shevet Halevi (vol. 9, 133), Shu”t Divrei Yatziv (Orach Chaim vol. 2, 242), Shu”t Yechaveh Daas (vol. 3, 40), Shu”t Tzitz Eliezer (vol. 14, 44), and Shu”t Rivevos Efraim (vol. 1, 380, 1)], nevertheless, the vast majority of contemporary authorities maintain that this Havdalah should be made on beer or other ‘Chamar Medina’, and not with wine. See Shu”t Minchas Yitzchok (vol. 8, 30, 4), Kovetz Teshuvos (vol. 1, 57, 1), Shu”t Shevet Halevi (vol. 7, 77, 2), Shu”t Even Yisrael (vol. 9, 45), Shu”t Az Nidberu (vol. 11, 48 s.v. Siman 371), Shu”t Lehoros Nosson (vol. 2, 36, 5), Shu”t Kinyan Torah B’Halacha (vol. 2, 111, 2), Shu”t Rivevos Efraim (vol. 3, 371; citing Rav Chaim Kanievsky and the Netei Gavriel), Mesores Moshe (vol. 1, 376, pg. 173 - 174 and vol. 2, 276, pg. 137), Emes L’Yaakov on Tur and Shulchan Aruch (Orach Chaim 556, footnote 525), Halichos Shlomo (Moadim vol. 2, Ch. 16, 7), Maadanei Shlomo (on Moadim, pg. 59), Ashrei HaIsh (Orach Chaim vol. 3, Ch. 72, 2, pg. 492), Halichos Even Yisrael (Moadim vol. 1, pg. 377, 9), and Shemiras Shabbos Kehilchasah (vol. 2, 62, 48).

[32] See Orchos Rabbeinu (vol. 2, pg. 145; new edition 5775, vol. 2. Tisha B’Av 43, pg. 177 – 178).

[33] See Rav Chaim Kanievsky’s hosafah to his father-in-law, Rav Elyashiv zt”l’s teshuva (Kovetz Teshuvos vol. 1, 57), as well as Moadei HaGra”ch (vol. 2, 403); sefer Kara Alai Moed (Ch. 7: 17) citing Rav Nissim Karelitz, and the Belz Dvar Yom B’Yomo Luach (5776, pg. 666).

[34] As per the Steipler Gaon and Chazon Ish (ibid.), as well as several other opinions, including the Brisker Rav zt”l (Chiddushei Maran Ri”z Halevi, Hilchos Taaniyos, pg. 10a s.v.Taanis daf lamed and hinei) who maintain that one may indeed make Havdalah with wine on Tisha B’Av when needed, based on the shittah of the Terumas Hadeshen (151; cited by the Magen Avraham, Orach Chaim 552, 6 and 7, and Biur HaGr”a ad loc. s.v. v’ain tzarich) that the Seudah HaMafsekes is akin to Aninus (‘Meiso Mutal L’Fanav’) and Tisha B’Av itself is akin to Aveilus. Ergo, a Choleh’s dispensation should be akin to an Avel’s, who is permitted to drink wine after the niftar is buried. The Knesses HaGedolah (Shu”t vol. 2, 71) implies this way as well, referring to a Choleh’s Havdalah on Tisha B’Av as ‘Mavdilin Al Hakos Birchas HaYayin’. However, as Rav Chaim Kanievsky (Hosafos to Kovetz Teshuvos vol. 1, 57) and Rav Shlomo Zalman Auerbach (Halichos Shlomo, Moadim vol. 2, Ch. 16, Orchos Halacha 23) point out, other Rishonim [ex. Ohr Zarua (vol. 2, Hilchos Tisha B’Av 415) and Teshuvos HaRitva (63; cited by the Beis Yosef in Orach Chaim 557)] do not seem to agree to this Chiddush or this understanding, as regarding the reason ‘Nacheim’ is only recited at Mincha and not in prior Tefillos of Tisha B’Av, they explain that is because only then, on Tisha B’Av afternoon, is it akin to the aftermath of a Meis being buried and us capable of receiving Nechama, consolation. Hence, accordingly, Tisha B’Av itself seems to be akin to Aninus and not Aveilus. They therefore assert that other beverages of Chamar Medina or even grape juice, are still certainly preferable to wine.

[35] See Shu”t Shevet Halevi (vol. 8, end 129), based on Shulchan Aruch and main commentaries (Orach Chaim 299, 1; see also Aruch Hashulchan ad loc. 1)and Moadei HaGra”ch (vol. 2, 403). Although it should be noted that this is not such a common case, as if one is ill enough to be granted halachic dispensation to drink on Tisha B’Av, he would generally also be allowed to eat as well.

[36] Although not the normative halachah, there are several contemporary poskim who maintain that a woman need not make Havdalah to break her fast (or to make it without ‘Sheim U’Malchus’) due to a sfeik sfeika in a makom Derabbanan, based on the fact that several Rishonim (as mentioned) maintain that Havdalah is not mandated when it is pushed off due to Tisha B’Av at all; additionally, there are shittos who hold women cannot make Havdalah. Hence, they conclude that she is not obligated in making Havdalah in this instance. See Shu”t Dvar Yehoshua (vol. 2, 75, 2; who writes that he never heard of a choleh in Poland making Havdalah before breaking his fast), Shu”t Divrei Yatziv (Likutim V’Hashmatos 50), Shu”t Mishna Halachos (vol. 7, 39), Shu”t Shraga HaMeir (vol. 1, 59), Shu”t Rivevos Efraim (ibid; citing the Netei Gavriel), Netei Gavriel on Bein Hametzarim (vol. 2, Teshuva 11), Shu”t Az Nidberu (ibid; who strongly argues, explaining that sevara cannot be docheh the halacha pesuka that Havdalah is required), and Minhagei Bein Hametzarim (Ch. 8: 19 and 20). Other solutions include that the husband should make Havdalah on Tisha B’Av and she or a child drink it. If following this, then an additional Havdalah on Sunday night is not needed. In case of actual sheilah, one should ask her posek which shittah to personally follow.

[37] See Halichos Shlomo (Moadim vol. 2, Ch. 16, footnote 14), as well as Rav Shlomo Zalman Auerbach’s haaros to sefer Pnei Baruch (on Bikur Cholim, pg. 183), based on the Pischei Teshuva (Yoreh Deah 176, 2) regarding an avel, and Shu”t Divrei Malkiel (vol. 6, 9), that the pesukim usually recited in the beginning of Havdalah –“Hinei Keil Yeshuasi” etc. are not recited, and this Havdalah starts with the bracha on the Kos.

[38] See Shulchan Aruch (Orach Chaim 556, 1), Levush (ad loc. 1), Chayei Adam (vol. 2, 136, 5), Kitzur Shulchan Aruch (125, 6 and 7), Aruch Hashulchan (Orach Chaim 556, 1 and 2), and Mishna Berura (ad loc. 1).

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