Question: In our relatively new minyan, we have finished Musaf of Rosh Hashana at around 1:00, and have not made Kiddush before tekiot. Someone suggested that this year’s first day being Shabbat changes the equation. What does Halacha say about this?

Answer: One should not fast in the morning until chatzot on Shabbat (Shulchan Aruch, Orach Chayim 288:1) and Yom Tov (Mishna Berura 288:2). Considering that one generally must not eat before davening (Shulchan Aruch, OC 89:3) and the long davening of Rosh Hashana (=RH), this raises a challenge.

One solution is the claim that the need to eat by chatzot does not apply to RH (see Mishna Berura 597:1), because of its different nature compared to the three regalim. First, there are opinions (see Rama, OC 597:3) that there is value in fasting on RH, the Day of Judgment. Although we do not accept that approach, it may justify at least not eating until chatzot (Mateh Ephrayim 597:2). Another reason to be lenient on late eating is that since it is appropriate to say many prayers, late eating is a justifiable price (see Magen Avraham 584:4; Yam Shel Shlomo, Beitza 2:4).

There are, though, opinions that one should eat before chatzot even on RH. One solution is to rely on drinking water or tea (permitted before davening – Shulchan Aruch, OC 89:3) before davening to forestall the fast (Eleph Hamagen 597:2; see opinions in Dirshu 597:7 on whether this is enough), for at least six hours from the drinking. As you know, some shuls solve the problem by having a Kiddush after Shacharit. It is debated whether it is permitted to eat a snack before a special daytime mitzva (see Magen Avraham 652:4 regarding before lulav; Mikraei Kodesh (Frank), RH 29 regarding shofar). We will not go further into that debate, with its legitimate minhagim, and will focus on your question – RH on Shabbat.

On Shabbat, the scales lean more toward allowing and/or encouraging Kiddush before Musaf. For one thing, on Shabbat there is no shofar blowing to avoid preceding. Admittedly, many say not to eat too much before any Shabbat Musaf (see development in this column, Shelach 5783). The Shulchan Aruch (OC 286:3) allows “tasting,” which in a parallel context (see Shulchan Aruch, OC 639:2) means up to a k’beitza (size of an egg) of bread and any amount of “fruit.” Poskim posit that a k’beitza is the limit for pat haba’ah b’kisnin (baked grain-based foods, e.g., cake). There is less certainty regarding limits on grain-based cooked foods (e.g., cholent) (see Shemirat Shabbat K’hilchata 52:(52); Ishei Yisrael 36:76). There is no limit on non-alcoholic beverages (ibid.). The grounds we mentioned for the possibility of being more lenient apply here as well. Thus, with good cause, a shul could provide a light Kiddush menu and not be overly concerned if people eat more than ideal. Do realize that there is also a minimum for how much to eat, for the Kiddush to count (see Shulchan Aruch, OC 273:5)

The major point is that while the “leniency” for partial fasting is plausible on RH, it is forbidden on Shabbat. Therefore, some poskim are insistent that one eat before chatzot when RH falls on Shabbat (Yam Shel Shlomo ibid.; Mishna Berura 584:5). So why do many shuls not make Kiddush before RH/Shabbat Musaf? Rav M. Willig (Am Mordechai, Moadim 3) explains and supports the practice of not having this Kiddush as follows. The Maharil, accepted by the Rama (584:1) allows davening past chatzot without eating because the long davening is a mitzva that applies even if RH is on Shabbat. The Mishna Berura followed the Yam Shel Shlomo who justified late eating on RH because eating is not crucial on RH, and therefore requires pre-chatzot eating when it falls on Shabbat. Therefore, an early Kiddush makes more sense on RH/Shabbat, but is not clearly required. Considering that RH Musaf is shorter on Shabbat, you might finish before chatzot.

A major factor to consider is the Kiddush’s impact on your minyan, which can be positive (e.g., gives strength for Musaf with kavana) or negative (e.g., hard to be intense in Musaf after socializing).