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that Kiddush is made, it is considered “Kiddush shelo restrictions to minors. Because eating, bathing, and
bemakom seudah,” Kiddush not in the place of the applying oil are fundamentally permissible activities
Shabbat meal, which is not a valid Kiddush. Thus, the and are only incidentally prohibited because of the
person who drinks the wine has, in effect, drunk wine time (Yom Kippur), the prohibition of Lo Ta’achilum
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before hearing a valid Kiddush, which is prohibited. does not apply to them. This explanation is also
Because of this, the Tur and Shulchan Aruch (OC echoed by the Pri Chadash (OC 611).
269:1) write that the person who recites the Kiddush The Hagahot Maimoniot offers a different way to
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should not drink the wine himself, but rather should distinguish between types of prohibitions in order
offer it to a minor. Ostensibly, the solution of the to solve the Kiddush conundrum. The Hagahot
Tur and Shulchan Aruch does not seem to help the Maimoniot discriminates between Issurei Lav,
situation: while it is true that the adult who recited standard negative prohibitions formulated negatively
Kiddush avoids the prohibition against eating or by the Torah as “do not”, and Issurei Aseih, unique
drinking before Kiddush, in doing so, however, he negative prohibitions, which are actually formulated
violates the prohibition of Lo Ta’achilum by feeding positively by the Torah as “do.” The overwhelming
the minor before Kiddush. Thus, the solution seems majority of prohibitions in the Torah fall under the
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to merely substitute one problem with another!
first category; these include, for example, “lo tirtzach,”
Rav Shneur Zalman of Liadi (Shulchan Aruch Harav “do not murder,” “lo tignovu,” “do not steal,” etc.
269:3) answers that it is necessary to distinguish Some prohibitions, however, are not stated explicitly
between two types of prohibitions. Some prohibitions as prohibitions, but are rather implied by a positive
are intrinsically forbidden while others are only statement of the Torah. For example, regarding
incidentally forbidden. Meat which has not had proper Egyptians and Edomites, the Torah commands
Shechitah (slaughtering) and insects are examples (Devarim 23:9), “banim asher yevaldu lahem dor
of intrinsically forbidden prohibitions, since they shelishi yavo lahem bekhal Hashem,” “children that
are forbidden under all circumstances. Wine prior will be born to them in the third generation shall
to Kiddush, on the other hand, is only incidentally enter the congregation of Hashem.” There is certainly
forbidden because under most circumstances wine no positive obligation to marry third-generation
is a perfectly permissible beverage and only becomes Egyptians and Edomites. Rather this positively
forbidden under very specific sets of circumstances. formulated verse (“shall enter the congregation of
Because the prohibition of Lo Ta’achilum is derived Hashem”) is actually communicating a prohibition
from a verse which prohibits insects, an intrinsic against marrying first or second generation Egyptians
prohibition, it only forbids administering intrinsic and Edomites. The Hagahot Maimoniot claims that
prohibitions to minors, while something which because the prohibition against adults administering
is fundamentally permitted but circumstantially prohibitions to minors is derived from the negative
forbidden may be administered to a minor and does prohibition “Lo Tochelum,” it only applies to
not come under the purview of Lo Ta’achilum. Thus, prohibitions that are similar to “Lo Tochelum,”
it is perfectly permissible to give the Kiddush wine namely Issurei Lav. It is permitted, however, to cause
to a minor even though he has not yet heard a valid a minor to violate Issurei Aseih. Since the prohibition
Kiddush. This, continues Rav Shneur Zalman of Liadi, against eating or drinking before Kiddush does not
is also the rationale behind the ruling of the Talmud stem from an Issur Lav, but rather from the positive
in Yoma that adults may administer the Yom Kippur commandment of Kiddush (“zachor et yom hashabbat
17 Pesachim 106b, Shulchan Aruch OC 271:4
18 Note that the Shulchan Aruch cannot employ the Rashba’s logic and claim that it permissible for the adult to give the wine to the minor since
drinking before Kiddush is only a Rabbinic prohibition, as the Shulchan Aruch himself rules (OC 343:1) in accordance with the Rambam that it is
forbidden to administer even Rabbinic prohibitions to a minor.
19 Rambam Hilchot Shabbat 29:40

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