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Sefer HaMitzvot     Rambam-Shabbat
Summary:

(5747) View of Rambam in the obligation of Havdalah, which is included in the positive commandment of "Remember the Sabbath day to sanctify it" (Hil Shabbat 29:1, Sefer HaMitzvot 155).

Three ways in the Mitzvot: "Remember etc"and the explanation of the words of Rambam that one must "sanctify Shabbat . . at its departure"  
 

Translation:

1. Rambam writes in Hilchot Shabbat:

“It is a Positive Commandment from the Torah to sanctify the Shabbat day in words, as it is written, "Remember the Shabbat day to sanctify it" – that is to say, remember it with (words of) praise and sanctification. (זכירת שבח וקידוש). One must remember it at the Shabbat's entrance and at its departure: At its entrance with reciting Kiddush, and at its departure by reciting Havdalah”.

The Maggid Mishneh writes that from Rambam' words,

"It appears from his commentary that he maintains that Havdalah is also Biblical (דבר תורה) and that everything is included in "Remember (the Shabbat day)”

Regarding the source of the matter, namely, that even Havdalah is a Mitzvah from the Torah, we find several opinions:

  • The Maggid Mishneh there (and other authors), write that we derive this from the verse: “and to distinguish (ולהבדיל) between what is sacred and what is mundane”.
  • The Smag (Sefer Mitzvot HaGadol) writes that the two remembrances are derived from two verses:

 

  1. The one referring to its ushering in, is “Zachor/Remember” and
  2. The one referring to its departure is from the verse, “v’Zacharta/Remember”, that is mentioned in Parshat Shamor (Va'etchanan 5:12) etc.

 

  • The Migdal Oz (R’ Shem Tov ben Abraham ibn Gaon) explains the relation of the two “Rememberings” to the two Dibrot/Commandments, “Remember and Guard the Shabbat day (Zachor v’Shamor”) (that were said with one utterance).
  1. “For the expression “Zachor/Remember” is a Positive Commandment - that one should Remember it in its entering, where we sanctify it with words. .
  1. And the expression “Shamor/Guard” is related to its departure, that one should not treat the sanctity of holiness with mundane conduct until one recites Havdalah and establishes it.”

However, since Rambam only cites the verse,

"Remember the day of the Shabbat,"

It appears that he maintains that even Havdalah is included in the Mitzvah of “Remember the Shabbat day to sanctify it”.

This is also explained in Sefer HaMitzvot regarding the Mitzvah of Kiddush that,

"We are commanded to sanctify the Shabbat and to make verbal declarations when it enters and goes out. . the source of this commandment is ‘Remember the Shabbat day to sanctify it’ (This means, "sanctify it when it enters and sanctify it when it departs)" referring to Havdalah, which is also part of the remembrance of Shabbat and part of the establishment of its Mitzvah”.

Seemingly, one must examine the reason of the matter. What is the connection between Havdalah to the aspect of "Remember the Shabbat day to sanctify it"?

2. In Sefer HaMitzvot there, he writes:

"We are commanded to sanctify the Shabbat and to make verbal declarations when it enters and goes out. . We must mention the sanctity of the day and its exalted character, and how it is distinct from the other days of the week which precede it and follow it”.

From his words, it is understood that the reason that also Havdalah is included in the Positive Commandment of sanctifying the day is because the scope of the Positive Commandment of sanctifying the day is that we mention:

“It’s exalted character, and how it is distinct from the other days of the week which precede it and follow it”

Therefore, Havdalah is included in the Positive Commandment of “Remember the Shabbat day to sanctify it”. For even in Havdalah we mention “its exalted character, and how it is distinct from the other days” (of the days which follow it).

However, it seemingly is forced to conclude (להעמיס) so in Sefer “HaYad”, which explains that the Positive Commandment is “Remember it with (words of) praise and sanctification. (זכירת שבח וקידוש)". Yet he does not mention that the remembrance is to distinguish it (להבדילו) from the other days (that precede it and follow it.").

Moreover:

In Sefer HaMitzvot he immediately writes in the beginning of his words that:

"We are commanded to sanctify the Shabbat and to make verbal declarations when it enters and goes out.”

In other words, he includes the matter of:

"To say things at the entrance and departure"

in the scope of the Mitzvah of sanctifying the Shabbat,

The reason plainly, is that according to Rambam’s reasoning in Sefer HaMitzvot, the scope of the Mitzvah, obligates remembering the “exalted character, and distinctness” of the Shabbat day when it enters and departs (in order to distinguish it from the days preceding it and following it).

However, in Sefer “HaYad”, he separates the times of remembrance to a separate clause (בבא בפ"ע).

  • In the beginning he writes the scope of the Mitzvah - “It is a Positive Commandment from the Torah to sanctify the Shabbat day in words, as it is written, "Remember etc." – that is to say, remember it with (words of) praise and sanctification. (זכירת שבח וקידוש).
  • Afterward he adds in a separate clause – “One must remember it at the Shabbat's entrance and at its departure: At its entrance with reciting Kiddush, and at its departure by reciting Havdalah”.

If he maintains in the Sefer “HaYad” like he explains in Sefer HaMitzvot, he should have included the times of the remembrance of Kiddush and Havdalah in the explanation of the scope of the Mitzvah (similar to his wording in Sefer HaMitzvot).

Namely, (to write) that it is a Positive Commandment to sanctify the day of Shabbat with words in its entering with Kiddush and its departure with Havdalah.

3. To explain this, one must preface and explain the scope of the Positive Commandment to “Remember the Shabbat day to sanctify it”. For it can be explained in many ways:

  1. The scope of the Positive Commandment is “to sanctify it”. In other words, through the act of speech, one sanctifies the Shabbat. This is similar and like the sanctification of the month (Kiddush HaChodesh) and the sanctification of the Yovel, where we sanctify them (with words). This is something that is done once at their inception. Accordingly, we sanctify the Shabbat with words when it enters.

According to this, Havdalah is not from the aspect of sanctifying the day of Shabbat. Rather it is a completely other distinction and object ().

One could say that this is the reason for the differing views (as aforementioned in par 1). Namely, that there is a special derivation for the obligation of Havdalah. For although even according to them, Havdalah is Biblical and related to the Mitzvah of “Zachor/Remember”, nevertheless it is not the primary Mitzvah.

(This is like the words of the Migdal Oz – “Kiddush is primary and Havdalah is secondary to it”)

  1. Its scope is – “Remember the Shabbat day - to sanctify it”. In other words to remember it with words, similar to its holiness and distinction (ע"ד קדושתו והבדלתו)

(For holiness means distinction/separation)

from the other days, as aforementioned from Sefer HaMitzvot. Through this, we establish its boundary from before and after it.

According to this, Kiddush and Havdalah are two parts of one Mitzvah. For the fulfillment of the Mitzvah of “Remember the Shabbat day to sanctify it” is specifically when we mention its distinction (הבדלתו), both from the preceding days (at its inception) as well as from the following days (at its departure).

However, even according to this manner, the essence of the two parts of the Mitzvah – Kiddush and Havdalah – are different from each other.

For remembering the “distinction” (הבדלתו) of the day of Shabbat, at its inception, is through Kiddush of the day (that now we are entering a holy day). Whereas the remembering of its “distinction” (הבדלתו), at its departure is through the text of the Havdalah (that we are going from holiness to mundane).

  1. The scope of the Positive Commandment is just remembering its sanctity with speech, as in the Rambam’s words in Sefer HaYad “remember it with (words of) praise and sanctification. (זכירת שבח וקידוש)” - in whatever manner.

According to this manner, we find that its remembrance in Kiddush and its remembrance in Havdalah are one scope and distinction, “remembering it with (words of) praise and sanctification”.

4. Among the differences between these manners, one could say that:

  1. According to the third manner, there is a place to say that even of one said the text of Kiddush of Shabbat on Motzai Shabbat, he fulfills the Mitzvah of Havdalah.

(And also, conversely, if he recited the text of Havdalah in the beginning of Shabbat, he fulfills the Mitzvah of Kiddush (sanctification of) the day)

For regarding the primary Mitzvah, the specific text that he recites is not so important.

(It is just that one must examine if he fulfills this according to Rabbinical Law () since he is diverting from the established text that the Sages enacted ()).

Whereas according to the first manner and the second manner, the essence of the text of Havdalah is from the essence of the scope of the Mitzvah.

  1. If one does not recite Havdalah at all - according to the second manner, where both of them together comprise one object (חפצא) of remembering Shabbat, one could say that he is lacking in the fulfillment of the Mitzvah of Kiddush – the Positive Commandment of “Remember the Shabbat day to sanctify it”. Which is not so according to the first and third manner.
  1. Whether women are obligated in Havdalah: According to the second and the third manner that Havdalah is from the essence of the Mitzvah of “Remember the Shabbat day to sanctify it”, it is simple that they are obligated in Havdalah, “just as they are Biblically obligated in Kiddush. (because “Zachor/Remember” is juxtaposed to “Shamor/Guard”)

Whereas according to the first manner – one could say that that it is dependent upon the views (aforementioned in par 1) in the source of the obligation of Havdalah.

  • According to the view of the Migdal Oz, that the obligation of Havdalah is related to the Mitzvah of “Shamor/Guard” – they are obligated “because ‘Zachor/Remember’ is juxtaposed to ‘Shamor/Guard’”
  • However, if we say that we derive this from the words “to distinguish (ולהבדיל) between what is sacred and what is mundane”, there is a place to say that women are exempt from it. For Havdalah, is a single distinction and scope (הוי שם וגדר אחר) and it does not have a relation to the scope of Kiddush at Shabbat’s inception.

(This is similar to the reasoning of the Alter Rebbe in the two opinions (according to the view that Havdalah is just Rabbinical) – that:

“There is an authority who maintains that women are exempt (from Havdalah) just as they are exempt from all time-oriented Positive Commandments, (מ"ע שהזמ"ג) . . Although, with regard to all elements of Shabbat, men and women are equally (obligated)”.

This only applies to things that are:

“due to the remembering of Shabbat or its observance. However, Havdalah is not an element of the observance of Shabbat, but rather an independent ordinance established by the Sages to distinguish between the sacred and the mundane. They found support (for this practice) in the Torah, as it is written: “To distinguish between the holy and the mundane”. There are, however, (other) authorities who differ, maintaining that Havdalah is an aspect of the remembrance of the Shabbat and its sanctification, for it recalls the distinction between its holiness and the (ordinary) weekdays. Therefore, women are (Rabbinically) obligated in its recitation”).

5. According to all the aforementioned, the reason is well-understood why Rambam in Sefer HaYad divides the aspect into three clauses:

  1. “It is a positive commandment from the Torah to sanctify the Shabbat day in words. . that is to say, remember it with (words of) praise and sanctification”
  1. “One must remember it at the Shabbat's entrance and at its departure”
  2. “At its entrance with reciting Kiddush, and at its departure by reciting Havdalah”.

and he does not combine them together to say: “One must remember it at the Shabbat's entrance with Kiddush that sanctifies the day, and at its departure with Havdalah.” (Like his wording in Sefer HaMitzvot).

For according to Rambam these are three details:

  1. The scope of the Mitzvah – that it is the essential remembrance
  2. The times of the remembrance (at its inception and departure), and
  3. The essence of the remembrance (Kiddush of the day, and Havdalah)

To elaborate:

  1. The essence of the scope of the Mitzvah is just to “remember it with (words of) praise and sanctification”
  2. The time of the Mitzvah – “One must remember it at the Shabbat's entrance and at its departure”
  3. The text that corresponds to the time – “At its entrance with reciting Kiddush, and at its departure by reciting Havdalah”.

(Whereas according to what is written in Sefer HaMitzvot, namely that the two remembrances (at the beginning and end) are one Mitzvah, as aforementioned, at length.

This is also apparent from the words of the Chinuch who writes:

“To speak words on the Shabbat upon its entry and also its departure - that there be in them cognizance of the greatness of the day and its stature and its positive distinction from the other days before it and after it; as it is states, "Remember the Shabbat day, to sanctify it," meaning to say, remember it with a memory of (its) holiness and greatness”,

which includes the time of the Mitzvah in the essential scope of the Mitzvah)

Accordingly, this also fits with what Rambam writes (in the continuation of the chapter) that:

“A person may recite Kiddush over a cup (of wine) on Friday before sunset, (even though the Shabbat has not commenced.) Similarly, he may recite Havdalah over a cup (of wine) before sunset, even though it is still Shabbat. For the Mitzvah of remembering the Shabbat involves making (a statement to this effect) at the entrance and the departure of the Shabbat, or slightly before these times”.

This proves that he maintains that this is not just an exemption to one who requires it

(like one who needs to “to darken near the Techum”,

(that is, to walk on Shabbat to the end of the Techum (Shabbat boundary) or less, and to remain there until dark, in order to complete your journey sooner by traveling from there onward),

and so forth).

Rather, at the very onset one is permitted to do so (like Kiddush of the day).

For according to Rambam, the essential aspect of Havdalah (from the Torah) is not (just) that one distinguishes between Shabbat and weekday, in general. Rather it is (like the scope of Kiddush) that we “remember it in terms of praise and sanctification” at its departure (just as we remember it at its entrance).

6. However, the aspect still requires understanding:

This is well and good according to what is written in Sefer HaMitzvot. For there, the necessity that the Mitzvah of remembering includes also Havdalah is understood. For since one needs to sanctify and to “distinguish” (להבדיל) the day of Shabbat from the preceding and following days, it is necessary that the Mitzvah of “Remember etc.” also apply to the aspect of Havdalah of Motzai Shabbat.

This, even more so, applies to those opinions that there is a special directive (לימוד מיוחד) that we need to remember the aspect of Havdalah on Motzai Shabbat (But that it is included in the Mitzvah of remembering Shabbat because it is secondary to it).

However, according to the view of Rambam in Sefer HaYad (according to what was previously explained) – since the essence of this Mitzvah (remember etc. to sanctify it) is – ‘remember it in terms of praise and sanctification’ (like Kiddush at the entrance of Shabbat). What is the necessity to say that the Mitzvah includes the remembering of these things, also at the time of Shabbat‘s departure)?

One could say the explanation of this by prefacing what the Ramban states - that this verse (Remember etc. to sanctify it) contains two Mitzvot – the Mitzvah of “Zachor/Remember” and the Mitzvah “L’Kadsho/To sanctify it”:

  • The Mitzvah to Remember Shabbat is a constant Mitzvah (מצוה תמידית) – to remember the day of Shabbat constantly every day.
  • Whereas the Mitzvah to sanctify it (that we learn from the words “L’Kadsho/To sanctify it”) is to remember the Shabbat day itself.

Even though according to Rambam, the Mitzvah of ‘Remember’ and the Mitzvah of ‘Sanctify’ are the same (היינו הך), like his words “remember it in terms of praise and sanctification”. One could say that even Rambam maintains somewhat like the Ramban. Namely, that since “Remember” implies a constant remembering (as aforementioned) therefore Rambam maintains that there are two parts to this Mitzvah:

  • The part that corresponds to Shabbat itself, and
  • The part that corresponds to the days following Shabbat.

This is why he writes:

“One must remember it at the Shabbat's entrance and at its departure:”

For through the remembering at its departure, the remembrance of Shabbat extends (נמשך) even to the following days of the week. Simply, through remembering the sanctity of Shabbat when one goes from Shabbat to the weekday, we remember the day of Shabbat, even during the week.

(One could say that this is emphasized in the law that Rambam writes (in the continuation of the chapter):

“If one did not recite Havdalah at night (Motzai Shabbat), he may recite Havdalah on the following day, and (indeed) may recite (this blessing) until (nightfall) on Tuesday”.

From the equating and continuation (to the preceding statement)

“If a person does not recite Kiddush at night . . he may recite Kiddush throughout the entire (Shabbat) day”,

it is understood that this is not just in the scope of ex-post-facto (after-the-fact/דיעבד) and a recompense (תשלומין) to the obligation of (Kiddush and) Havdalah, that he must fulfill in its time. Rather, that even these days are its time

(like Kiddush whose “time is the entire Shabbat day” but “the main Mitzvah of sanctifying the Shabbat (is to do so) at night”).

In other words, it is like the aforementioned. For the main essence of this remembering is in order to draw (להמשיך) the remembrance of the Shabbat day into the weekdays that follow Shabbat.

According to this, the order of the clauses in this Rambam are fitting. Namely, that this law:

“If a person does not recite Kiddush at night . . if a person does not recite Havdalah at night etc.”

is written immediately after the text of Kiddush and Havdalah, and before (the other) details of the laws of Kiddush and Havdalah.

For this is not a specific law, a recompense for the Mitzvah of remembering (Kiddush and Havdalah) of Shabbat, but rather that even then, the time of its fulfillment is extended.)

7. This explanation, in the viewpoint of Rambam, correlates to what is explained in the Sefarim (סהמ"צ להצ"צ) regarding the inner essence of the Havdalah blessing, whose aspect is to draw down the sanctity of Shabbat into the following weekdays.

In this, the words of the Sages that are cited in Rambam (in Sefer HaMitzvot)

"Sanctify it when it enters and when it departs" (as aforementioned Par. 1)

are plainly understood.

For one can explain this also like the literal understanding of the words, an aspect of extending holiness.

In other words, just as through Kiddush “when it enters”, one draws down the holiness of Shabbat

(And through Kiddush at the time before the beginning of Shabbat, we add to the sanctity of Shabbat – ‘Tosfot Shabbat’,

(As it is brought in the Mechilta on the verse “Zachor/Remember” – “Zachor/Remember” and "Shamor/Guard" — Remember it beforehand and guard it afterwards. From here they said: We are to add from the mundane to the holy etc.”)

So too the essence of “sanctify it when it departs” is not just the remembrance of the virtue and sanctity (מעלתו וקדושתו) of Shabbat, at the time of the departure of Shabbat, but rather the drawing down of the sanctity of Shabbat at its departure, in the time that follows it

One could say that this also fits with the plain explanation of “to sanctify it”, the sanctification of the Shabbat day itself (קידושו של יום השבת גופא). For this is also the explanation of “sanctify at its entrance and) sanctify at its departure”. Namely, that even at its departure we sanctify the Shabbat (and not just the following days of the week).

The reason of the matter is, that through Havdalah at the departure of Shabbat, whose essence is to draw the sanctity of Shabbat even into the days of the week – this expresses the completeness of the sanctity of Shabbat – the great sanctity of Shabbat and its virtue (גודל קדושת שבת ומעלתה), in that it has the power to effect and draw down sanctity into the following days.

8. Through the fulfillment of the Mitzvah of Shabbat –

  • Both as it is in Shabbat itself, through resting from physical labor, and the fulfillment of the Mitzvah of remembering and the sanctity of Shabbat.
  • As well as through its effect in the days of the week, to draw within them from the sanctity of Shabbat,

(as in the expression () of the Sages that ‘non-sacred things that are treated according to the level of ritual purity, are like sacred’

in addition to that which, of its own accord, there must be ‘All your deeds should be for the sake of Heaven” and “in all your paths, you shall know Him”,

this will bring the tidings:

“Whoever observes the Shabbat according to law and honors it and delights in it according to his ability will receive reward in this world in addition to the reward that is preserved for the world to come, as (Isaiah 58:14) states: "'You will then delight in G-d. I will cause you to ride on the high places of the earth, and I will nourish you with the heritage of Jacob your ancestor'; thus has the mouth of G-d spoken."

MSichas Shabbat Parshat 28th Iyar 5745

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