[Avodah] yishuv EY

[SBA]

From: "Daniel Israel" <dmi1 at hushmail.com>

>>>Should one who knows he may not be able to keep shabbos day
>>>perfectly not make kiddush at night?

SBA wrote:  >Maybe your question should be:
>"Should (or can) one who knows he may not be able to keep shabbos
>day perfectly - be motzi others with kiddush at night?"

DI: Do you have a source to say he can't (or shouldn't)?

SBA: Seeing that a mechalel Shabbos has a din Akum lechol davar,
I doubt there is a posek who says one be be yotze with an Akum's kiddush.

(And, BTW, by know about Shabbos and making Kiddush, it eliminates any
 likelihood of depicting him as a Tinok Shenishba [for those who are 
normally inclined to argue on behalf of mechalelei shabbos.]

SBA (old): Hopefully he uses yayin mevushal...

DI: I assume this is a joke

SBA: Yep, as in 'a bittereh gelechter'.

DI: but I have wondered about it.  Does anyone know a source that discusses
this issue?  Do we say that since ta'amim for the gezeriah are not relevant
 (is he really choshesh that he  himself did AZ) he can drink it?

SBA: Taam? Gezeirah?
AFAIK, no one claims that a mechalel Shabbos is an oved AZ.
The halocho is simply  that 'dinoy keAkum lechol davar'.

SBA