Introduction
If someone were to ask us which
mitzvah or category of mitzvos we perform the most often, my guess would be
that most of us would take a while to come up with the answer. I am sure that
upon reflection, almost all fully religious Jews would agree that it is saying
a bracha.
Chazal tell us that we must say
at least a hundred brachos every day.[1] In
reality, provided that we keep to halacha this is rarely difficult. Most of the
days of the year if we daven three times a day and make the usual brachos
before and after food and regular mitzvos, we easily hit the target.
The halachos of brachos are not
normally considered to be a particularly difficult area of halacha. However,
looking for a deeper understanding of the rules can sometimes be frustrating.
Chazal usually told us explicitly each example when a bracha is necessary, but
it is very hard to formulate general rules that explain all the examples.
Categorisation
When it comes to brachos on
mitzvos, the first question to discuss is why Chazal instituted brachos for
some mitzvos but not for others. This question is definitely an example of the
difficulty in generalisation, and as the Rashba writes there is no one rule
that can explain everything.[2] If we
assume that the default is that mitzvos require brachos, the following is a
list of categories of mitzvos mentioned by rishonim as being exceptions:
4)
Mitzvos that do not require any physical action (e.g. Shmita).2
5)
Fixing an aveira (e.g. returning something stolen).2
6)
Giving something sacred not really owned by the giver for its rightful use
(e.g. parts of a korban that are for the kohanim).2
7)
Punishments or anything damaging (e.g. the procedure of the sotah).2
Some of these categories may be
superfluous. Numbers 5 and 7 seem very similar, and number 8 may well be
covered by number 2.[7] In
addition, there appears to be a problem with category number 1, as we make a
bracha on Pidyon HaBen despite needing a Kohen (and a firstborn son).
The bottom line is what Sefer
HaPardes says in the name of the Rashba: The rules above are ‘stones of Tohu
upon stones of Vohu’ (generously translated as not overly useful). Rather, when
we know clearly that Chazal instituted a bracha we make it, and when not not.
This does not mean that Chazal
instituted brachos randomly. As with many areas of halacha, Chazal worked by
comparison and intuition. It would be convenient to formulate rules, but often
it just doesn’t work.
Minhagim
One question that comes up a lot
is when, if at all, we are supposed to make brachos on minhagim (customs). The
gemara says explicitly that we do make brachos on rabbinic mitzvos, as we are
told to follow and not to deviate from the instructions of the Sanhedrin (see How
does halacha work?). Since there is a source for them in the Torah, the
language ‘vetzivanu’ (you have commanded us) is appropriate.[8]
However, it is also explicit in
the gemara that we do not make a bracha on banging the arava (willow) on
Succos, as it is merely a minhag initiated by the prophets.[9] Before
we discuss whether we can extrapolate from here to other minhagim, it is
important to understand what the gemara means here.
Rashi explains that minhagim are
not included in the command not to deviate.[10] The
simple understanding of this is that there is no technical obligation to adhere
to a minhag. Although the entire fourth chapter of Pesachim is devoted to the
rules of minhagim, according to Rashi it seems that these rules are mere
recommendations.
The Rambam disagrees with this,
writing that minhagim are also included in the positive command to follow the
instructions of Sanhedrin, and the negative command not to deviate.[11] If this
is the case, why can we not make a bracha describing it as a commandment?
The Rambam writes that the
Sanhedrin would discuss whether or not a custom that developed should remain in
place, and vote on this.[12] One
can suggest that brachos were only instituted on practices that started as
commandments, either from the Torah or the instructions of the Chachamim. When
a practice started as a mere custom of the people, even though this custom
later received the approbation of the Chachamim and became mandatory, a bracha
with the language ‘vetzivanu’ is not appropriate.[13]
Seemingly, either of these two
approaches should lead to the conclusion that brachos should not be made on any
minhagim. This is corroborated by the stated position of both Rashi and the
Rambam, not to make a bracha on the reciting of Hallel on Rosh Chodesh.[14]
Rabeinu Tam has a third approach.
He notes that the gemara regarding banging the arava did not say that the lack
of a bracha is an automatic corollary of the fact that the banging is a minhag.
Rather, the gemara observed that R’ Elazar bar Tzadok did not make a bracha,
and concludes from this that it must be a minhag. Had it been an institution of
the nevi’im he would certainly have made a bracha, but not every minhag is
exempt from a bracha.
Furthermore, the observance of a
second day of Yom Tov is based on minhag,[15] and
this does not stop us from making brachos on all the mitzvos that are
performed.[16] Only when
it comes to banging the arava, a minhag entailing ‘mere moving,’ a bracha is
not required.[17]
Extensions of Mitzvos
The truth is that even if we
accept the explanation of Rashi or of the Rambam for not making a bracha on
banging the arava, the extrapolation to minhagim like Hallel on Rosh Chodesh is
not automatic. Rabeinu Yeshaya d’Trani (Torino, 1180-1260) suggests that although
a bracha is never appropriate on something which is only a minhag, if a mitzvah
is extended by minhag then we should make a bracha. Thus second day Yom Tov requires
brachos as an extension of the first day, and Hallel on Rosh Chodesh requires a
bracha as an extension of the original cases of Hallel.[18]
The Meiri (Provence, 1249-1315)
explains that the term ‘minhag of the prophets’ describes a minhag that the
prophets never intended everyone to do. The prophets did it themselves, and it
happened that everyone followed. By contrast, second day Yom Tov and Hallel on
Rosh Chodesh were minhagim established by way of institution, and warrant
brachos.[19]
How to decide
Historically, in the majority of
the Diaspora a bracha was said on Hallel on Rosh Chodesh.[20] Communities
in Eretz Yisrael and surrounding countries (i.e. Egypt, Syria, Yemen, Bavel and
Persia) followed the Rambam and did not say a bracha.[21] Rav
Ovadya Yosef writes that all Sefardim in Eretz Yisrael should adopt this minhag
of the place they have come to, even those who came from Morocco, Tunisia and
Algeria where a bracha was said.[22]
Disagreement over when to say a
bracha is not limited to minhagim. Brachos on rhe second and fourth cup of wine
(and after eating karpas) at the Seder, Tefilin Shel Rosh, reading Megilos
(other than Esther) and Shehechiyanu on Megilas Esther in the morning are all
subjects of debate. When we are not sure what to do, the solution used to be to
follow the minhag of the place,[23]
which often was different in Ashkenaz and Sfarad.
Nowadays most communities in
Eretz Yisrael comprise families originating from many different places in the
world. In such a situation it is hard to justify everyone following the minhag
of the community that his ancestors came from, as usually there is no intention
to return there (in many cases the community doesn’t even exist anymore).[24]
New communities established by
people from different backgrounds have only one rule to follow in situation of
doubt- to be lenient and not make a bracha. This rule was established by later
authorities (it does not appear in the gemara or Rishonim), based on the fact
that almost all brachos are rabbinic and making an unnecessary bracha is a
severe violation.
However, this solution is far
from ideal. As the Rambam writes, although a person is supposed to be careful
not to make unnecessary brachos, one should make necessary brachos abundantly.[25] If
the result of every debate is not making a bracha, we will soon be left with
far fewer brachos than necessary. It is the responsibility of every posek to
learn the subject matter in depth, and come to his conclusions in each case to
the best of his ability.[26]
[2] Shut
HaRashba 1:18
[4] Shut HaRosh
24:2
[5] Rokeach,
Hilchos Brachos siman 366
[6] Or Zarua,
Hilchos Bircas Hamotzi siman 140
[7]
Although the Or Zarua gives some examples that are not covered by 2, like
burying the dead, it is also not clear to me how they are covered by number 8.
[8] Shabbos 23a
[9] Sukkah 44b
[11] Hilchos
Mamrim 1:2
[12]
Ibid. 1:3. When it comes to minhagim that developed after the times of the
sealing of the Talmud Bavli (Chazal until then have the status of the Sanhedrin,
see How
does halacha work?), it is possible that the Rambam would agree to Rashi
that they are not mandatory.
[13] For an
alternative approach, see Chidushei HaGriz to Hilchos Brachos, 11:16.
[14]
Machzor Vitri siman 227 (in the name of Rashi), Rambam Hilchos Brachos 11:16.
The Rambam adds that the explanation that we do not even make a bracha on a
minhag instituted by the nevi’im like banging the arava, so certainly we should
not make a bracha on Hallel on Rosh Chodesh which is just a minhag of the
Chachamim (the fact that this Hallel is a minhag is explicit in Ta’anis 28b).
[15] See Beitza
4b
[16] The
Rambam in his responsa (siman 333) deflects this argument by saying that the
observance of the second day of Yom Tov is in fact a rabbinic mitzvah (and not
just a minhag). Although in Hilchos Yom Tov 1:21 he does say that it is a
minhag, all he means is that nowadays there is no doubt as to the correct day.
He clarifies this in Hilchos Kiddush HaChodesh 5:5-6, that Chazal instituted
that we must continue the old custom of keeping two days, despite the fact that
there is no longer any doubt. This is not considered a mitzvah that started
through minhag, as the reason for the original minhag no longer exists.
[17]
Sefer HaYashar, Chidushim siman 537. Also quoted by Tosfos in Sukkah 44b, and
many other Rishonim.
[18] Tosfos
Rid, Sukka 44b
[19] Beis
HaBchira, Sukka 44a. Although it is clear in the gemara in Ta’anis 28b that Hallel
was only said on Rosh Chodesh in Bavel (and not in Eretz Yisrael), at least in
the place where the minhag did exist it was intended for everyone.
[20] This
is explicit in Machzor Vitri (despite Rashi’s ruling) and the Rosh )Brachos 2:5) regarding
Ashkenaz, and the Ran )Rif
Shabbos 11b) and Rivash (siman 111) regarding S’farad.
[21] Shulchan
Aruch, Orach Chaim 422:2
[22] Yechave Da’as
4:31
[23] See
Yerushalmi Peah 7:5
[25] Hilchos Brachos
11:16
No comments:
Post a Comment