ברכות המצוה

1)      Introduction

The Gemara in Sukka on daf 39a states a principle that has wide application in our daily lives and which is repeated several other times in Shas: אמר רב יהודה אמר שמואל: כל המצות כולן מברך עליהן עובר לעשייתן; one is obligated to make berachot on all mitzvot “עובר לעשייתן,” before doing the mitzva. It is for this reason that we way make berachot before doing many mitzvot, such as putting on tefillin, eating matza, blowing the shofar, and, as discussed by our Gemara, saying hallel.

Shmuel’s statement actually has two implications: Firstly, it indicates that there is an obligation to say a beracha when we perform (many) mitzvot. In fact, this is the reason Shmuel’s statement is quoted in our sugya; the Gemara is saying that whereas the beracha after hallel depends upon local custom, the beracha before hallel is obligatory because we must say berachot before we do mitzvot. Secondly,Shmuel addresses the timing of the beracha: Birkot ha-mitzva must berecited before the performance of the mitzva rather than afterward.

This second requirement has generated much discussion surrounding our sugya in the Rishonim. For instance, Tosafot (ד"ה עובר לעשייתן) engage in a discussion about how to fulfill the requirement to make the beracha specifically עובר לעשייתן in light of the particulars of birkot ha-mitzva and the mitzva of lulav. Although we are supposed to make berachotbefore doing mitzvot, it is preferable for the beracha to be recited immediately before the performance of the mitzva and not earlier than that. In fact, the Gemara (Menachot 35b) writes that one should make the beracha on one’s tefillin when it is already on one’s arm or head but before tightening it. This indicates that in addition to being ready to fulfill the mitzva immediately upon reciting the beracha, one should actually be holding the item with which he plans to fulfill the mitzva while making the beracha. This presents a difficulty when it comes to the mitzva of lulav, because as soon as one picks up all four minim one has already fulfilled the mitzva. Thus, it seems impossible to recite the beracha when one is already holding the mitzva item but to still do so before fulfilling the mitzva. [See Tosafot’s suggestions regarding this matter as well as the ShulchanAruch and M”B, 651:5.]

After offering several suggestions, Tosafot note that it would seem that another Gemara downplays Shmuel’s statement. The Gemara in Pesachim (7b) says quite clearly that one may recite the beracha after picking up the four minim. In fact, it is in recognition (and perhaps expectation) of the fact that one may do so that the beracha for the mitzva of lulav isאשר קדשנו במצותיו וצונו על נטילת לולב. The phrase "על..." can refer to a mitzva that has already taken place, while the phrase "ל...", as in the beracha"וצונו לקרוא את ההלל", is reserved only for mitzvot that one is about to perform.

This raises an important question regarding the obligation to make berachot"עובר לעשייתן": Is this rule absolute? Is it ever possible to maker birkot ha-mitzva after the mitzva has been completed? What are the guidelines in this regard? As we will see, this issue will lead us to understand much more deeply the very essence of birkot ha-mitzva.

2)      The Opinions of the Rishonim

There are divergent views in the Rishonim regarding how absolute Shmuel’s statement is. The Rambam (HilchotBerachot 11:5-6) writes that it is imperative to make the beracha before doing a mitzva, and if one fails to do so, one may no longer make the beracha. Even he admits that if the performance of the mitzva is ongoing, such as if one did not make a beracha before putting on a pair of tzitzit or tefillin but is still wearing them, one may still make the beracha. However, this does not seem to be a full exception to the general principle; since the fulfillment of the mitzva is ongoing, whenever one makes the beracha it is still before the rest of the kiyum ha-mitzva takes place. Thus, essentially, according to the Rambama birkat ha-mitzva may only be recited עובר לעשיית המצוה, before the mitzva is performed.

Tosafot on our sugya essentially accept the Rambam’s argument and stretch it a bit further. They argue that the reason the beracha on the four minim may be recited after one has already picked them up, as indicated in Pesachim, is because the fulfillment of the mitzva is still ongoing. This seems surprising, as the mitzva of four minim is different than the examples of tzitzit and tefillin; whereas one has completely fulfilled the mitzva of the four minim simply by picking them up, the mitzvot of tzitzit and tefillin are to wear them, such that one is in a constant state of mitzva performance for the entire time that one wears these items. Nonetheless, Tosafotargue that since it is proper to wave the minim during hallel (נענועים), and it is even considered praiseworthy to simply hold the minim[1] despite the fact that one has fulfilled the mitzva by simply lifting them, the mitzva is still considered to be ongoing and one may still make the beracha. In other words, although these activities are not absolutely essential in order to fulfill the mitzva, if one does them they do become linked to the mitzva enough to allow the mitzva to be considered ongoing and to allow the beracha to be recited.

The Or Zarua (siman 25), on the other hand, disagrees with this entire approach. In his view, Shmuel only meant to say that it is preferable to make the beracha before performing the mitzva; however, if one did not recite the beracha beforehand, one may do so after performing the mitzva as well. He supports his view on the basis of a case mentioned explicitly in the Gemara (Pesachim 7b) and agreed upon by all. The Gemara notes that when a convert goes to the mikva in order to complete his conversion process, a beracha should be recited. However, since he is not yet Jewish before he immerses and therefore cannot say אשר קדשנו במצותיו וצונו..., he makes the beracha after his immersion. This, says the Or Zarua, proves that although it is preferable to recite the berachaעובר לעשיית המצוה, where this is not possible, one may recite the beracha after performing the mitzva. In cases of regular mitzvot, once a person does the mitzva without first making the beracha, it is now impossible to make the berachaעובר לעשיית המצוה, and it can therefore be made after the performance of the mitzva.[2]

The Rambam (HilchotBerachot 11:7) agrees that a ger makes the beracha on his tevila after the immersion, but argues that this is an exception which cannot serve as a model for other circumstances. In the case of the convert, he was "דחוי מעיקרו", meaning that he was unfit to make the beracha from the beginning; it is only in such a case that Chazal instituted a beracha following the performance of the mitzva. In most cases, however, when a person simply failed to make the beracha before performing the mitzva even though he was theoretically able to recite it then, it is not permissible to recite the beracha afterward.

While the Rambam and Or Zarua agree that ideally a birkat ha-mitzva should be recited before the ma’aseh ha-mitzva, there is a view in the Rishonim that disputes even this claim. The Avudraham, citing the Ba’alHama’aor,[3]seems to claim that ideally the beracha on a mitzva should be recited as the mitzva is being performed.[4] This is not a “bedieved” allowance as the other Rishonim thought but actually the ideal time to make berachot. However, some mitzvot are performed instantaneously such that it is impossible to recite a beracha while doing the מעשה המצוה; for those mitzvot, the beracha is recited עובר לעשייתה.

3)      The Purpose of Birkot Ha-Mitzva

In order to understand what stands behind the different views of the Rishonim regarding the permissible times for reciting birkot ha-mitzva, we must understand what exactly is the goal and meaning of birkot ha-mitzva. Clearly, understanding what we are trying to accomplish when we make birkot ha-mitzva will enable us to better understand when it is possible to accomplish this goal. In this regard there are several possibilities, which we will outline below.

A)One of the sources for the institution of birkot ha-mitzva is the Yerushalmi (Berachot 6:1), which cites a pasuk that mentions "התורה והמצוה". The Yerushalmi interprets this pasuk as alluding to a connection between Torah and mitzva, and concludes that just as Torah requires a beracha, mitzvot also require recitation of a beracha.

It is reasonable to assume that if the need to recite birkot ha-mitzvais derived from the obligation to recitebirkot ha-Torah, there is likely to be a similarity between these two types of berachot. Although different suggestions have been offered regarding birkot ha-Torah themselves, the Ramban[5]writes clearlythat they are meant to express our thanks to Hashem for the great gift of Torah which enables us to learn how to live a proper and meaningful life that will eventually earn us Olam Ha-ba. In other words, birkot ha-Torah are essentially ברכות שבח והודאה. It is entirely possible that birkot ha-mitzvaare also berachot of thanks for the opportunity to perform mitzvot.

B) RavSoloveitchik developed an entirely different possibility based upon the Rambam. In the beginning of HilchotBerachot (1:1) the Rambam codifies the biblical obligation to recite birkat ha-mazon after eating. Following that, he rules (1:2) that mid’rabanan one is obligated to recite a beracha before eating, drinking or smelling a fragrant scent, and that if one does not do so it is as though he has misappropriated a consecrated item. Additionally, one must recite a berachaacharona even where birkat ha-mazon is not called for. Then, the Rambam writes (1:3) that just as one must recite a beracha before deriving benefit from something, one must recite a beracha before performing a mitzva.

Why did the Rambam have to explicitly draw a comparison between ברכות הנהנין and ברכות המצוה in this manner? RavSoloveitchik explained that the Rambam was indicating that the nature and purpose of birkot ha-mitzva parallel those of birkot ha-nehenin. A birkat ha-nehenin is recited because without it one has no right to eat the food. The beracha serves as a “matir” which allows us to make use of the food item we want to eat. Similarly, a birkat ha-mitzva serves as a “matir” which allows us to serve Hashem by doing the mitzva.

This idea may seem difficult at first glance. Why do I need a matir to do a mitzva? Aren’t I commanded to do mitzvot? Quite the contrary, if one wants to refrain from fulfilling a mitzva one should require a matir! I think that the answer to these questions requires a deeper look at our relationship with mitzvot and with the world in general. Again, let’s use birkot ha-nehenin as our model in understanding this issue. One can ask the same question regarding birkot ha-nehenin. Didn’t Hashem create food in order to sustain people? Didn’t He instruct Adam to eat many of the things that He created? If we are supposed to care for our health, doesn’t that require us to eat? There is no chiyuvd’oraita to make a beracha before eating, so how can we say that it is assur to eat without making a beracha?

I think that the answer to all these questions is that it is imperative for usto recognize that we are dependent upon God and to not take the sustenance He provides for granted. Chazal institutionalized this by requiring recitation of a beracha before eating. When we are hungry and vulnerable we must verbalize our recognition that it is God who provides our needs. Indeed, without this recognition, which is the reason Hashem created us with needs to begin with, our eating represents a presumptuous misuse of consecrated property (me’ila). Hashem created food with a particular purpose in mind, which is to sustain us in order to allow us to recognize and serve Him. When we make a beracha before eating, we ensure that this objective has been met and the food is being used in the way God intended.

In a sense, the same is true when it comes to mitzvot. Yes, we are commanded to perform mitzvot. However, we must not fulfill mitzvot with the attitude that we are “doing God a favor,” as it were. On the contrary, He is doing us a favor by allowing us to serve Him and to draw close to Him. It is a privilege to be able to approach the King, and we must not take this privilege lightly. The beracha we make before doing mitzvot is meant to emphasize this proper attitude we should have toward mitzvot in general. By requiring us to ask permission, as it were, to do mitzvot, or to at least acknowledge that it is only due to the fact that God commanded us to do mitzvot that we are lucky enough to perform them, Chazal made sure that we would perform mitzvot with the proper orientation.

C) The Ritva[6] succinctly suggests two other possible understandings of what birkot ha-mitzva are meant to accomplish. Firstly, he suggests that birkot ha-mitzva give expression to one’s intention to perform the action one is about to perform for the sake of a mitzva. In that sense, it is an officially sanctioned and required version of the הנני מוכן ומזומן formulas that some people (especially Chassidim) say before doing mitzvot. This statement of intent helps one have the kavana necessary to fulfill the mitzva and prepares one mentally for performing it in the best possible way.

D) The Ritva adds another, more philosophical or possibly kabbalistic answer. He explains that the beracha is “מעבודת הנפש,” the service of the heart, while the action is “עבודת הגוף,” the service of the body, and service of the heart should precede service of the body. In other words, human beings act on various different levels, including thought, speech and action. The realm of action is the realm that most directly operates within the physical world, while thought represents the spiritual end of the spectrum, with speech in the middle. Since we are supposed to serve God on all levels, the action associated with the mitzva is joined by a beracha one is supposed to say as well. In this configuration the beracha is not there as a secondary component of the mitzva or as something that paves the way for the “ikar,” which is the mitzva; both the beracha and the ma’aseh ha-mitzva are independent ways of serving Hashem. Therefore, the more spiritual עבודת הנפש, represented by the beracha, precedes the ma’aseh ha-mitzva.

4)      Meaning and Timing

How does all this impact our original discussion regarding the possibility of making berachot at times other than עובר לעשיית המצוה? Clearly, the purpose of the beracha should play a role in determining when the beracha may be recited.

If birkot ha-mitzvaare actually a form of ברכות שבח והודאה, it would seem logical to assume, as did the Or Zarua, that it is permissible to make the beracha even after the mitzva. After all, classic ברכות שבח והודאה are recited after coming into contact with a particular phenomenon, which elicits a response of praise in the form of a beracha. Thus, for instance, the only beracha that is mid’oraita according to all opinions is ברכת המזון, which is of course recited after eating. It is the experience of eating which actually brings us to praise Hashem by saying the beracha. Thus, even if birkot ha-mitzva should ideally be recited before performing the mitzva, it would be hard to understand why they could not be recited afterward bedieved. Similarly, according to the Ritva’s second explanation, which is that the beracha and mitzva are complementary and serve as עבודת הנפש and עבודת הגוף respectively, it would seem likely that even if the עבודת הנפש did not precede the עבודת הגוף as it should have, it can still be performed afterward.

On the other hand, if birkot ha-mitzva serve as a “matir” to allow us to do mitzvot, it is absolutely imperative to make the beracha before performing the mitzva because it is only then that the beracha can operate as a matir. Just as one cannot make a beracharishona after eating something, one cannot make a birkat ha-mitzva after performing the mitzva. Asking permission once one has already done the deed is ineffective and may even be insulting. This perspective, which RavSoloveitchik derived from the Rambam at the beginning of HilchotBerachot, works quite well with the view of the Rambam himself later in HilchotBerachot, which is that one may not recite a birkat ha-mitzva after the mitzva has been performed.[7]

The first suggestion of the Ritva may serve as the basis of the opinion of the Avudraham.[8] The point of expressing one’s intent to perform the action for the purpose of a mitzva is so that one will, in fact, perform the mitzva with the proper intent. In other words, the time when we really want to have good kavana is while performing the mitzva. This understanding might very well lead one to conclude, as the Avudraham states in the name of the Ba’alHama’or, that the beracha should ideally be recited as one fulfills the mitzva; it is only when this is not feasible that the beracha is recited beforehand so that its effects and impressions can extend to the instant when the mitzva is performed.

5)      Bottom Line

The issue we have been discussing comes to the fore in the ShulchanAruch regarding hilchotshechita (YorehDe’ah 19:1). The Mechaber writes that before shechting, one must recite the beracha of אשר קדשנו במצותיו וצונו על השחיטה. The Rama adds, based upon a Yerushalmi, that if one is slaughtering an animal that one has reason to believe may be a tereifa,[9] one does not say the beracha in advance due to the possibility that the animal may not be kosher. After the shechita, if one checks the animal and finds it to be kosher, the beracha is recited.

Interestingly, in the Darchei Moshe[10] the Rama adds that similarly, if one simply forgot to recite the beracha before the shechita, one may say it after the shechita. Clearly, this is based upon the opinion of the Or Zarua and would not be correct according to the Rambam. The Rama does not mention this point in the ShulchanAruch itself, which makes it somewhat unclear whether he changed his mind and did not want to rely on the Or Zarua. The Shach (s”k 3) engages in a lengthy discussion of the topic and prefers the view of the Rambam, who would prohibit making the beracha under such circumstances. That is the p’sak of the Shach, who also adds that even if we would consider the issue to be a safek, we hold that ספק ברכות להקל and therefore one would not make a beracha. The discussion continues among later poskim: The Sha’agatAryeh (siman 26) defends the view of the Or Zarua and the PriChadashpaskens that it is permitted to make the beracha immediately after the shechita (תוך כדי דיבור). However, TevuosShor and others conclude that the view of the Shach should be followed.

In OrachChaim the issue is discussed regarding netilatyadayim. The Mechaber (158:11) writes that the beracha on netilatyadayim must be recited עובר לעשייתה and discusses how to do so. The Rama adds that it may be recited before drying one’s hands because this is part of the mitzva; however, if one did not say the beracha before drying one’s hands, one may still say the beracha afterward. This is presumably based upon the view of the Or Zarua and some Acharonim therefore question this p’sak (see, for example, Chayei Adam 40:4). Interestingly, MishnaBerura (s”k 44) defends the p’sak but actually comes out against the Or Zarua. He argues that whereas generally one may not make a beracha after a mitzva if one forgot to make it beforehand, the case of netilatyadayim is different; because of the fact that sometimes one is unable to make the beracha beforehand because one’s hands are unclean, one may make the berachaafterward in all cases. Generally, however, if one skips the beracha one may not make it after performing the mitzva. This also seems to be the conclusion of the MagenAvraham (siman 214).

[1] See the Gemara on the bottom of 41b.

[2] Clearly, the Or Zarua would admit that there is a limit to how long after the mitzva one may make the beracha. Presumably, it would have to be right after performing the mitzva, such that the mitzva and beracha are still chronologically linked.

[3] This comment, as far as I know, does not appear in our versions of the Ba’alHama’or’s writings.

[4] This seems to follow the view of RavHuna as recorded in the Yerushalmi (Berachot 9:3).

[5]פירושו לספר המצוות של הרמב"ם, מצוות עשה ששכח הרב טו.

[6]Pesachim 7b ד"ה כל.

[7] The points made in this section so far are made in ShiureiRavAharon Lichtenstein, Pesachim, pp. 233-235.

[8] This point was made by RavDovid Gottlieb in a shiur given in Ramat Shilo.

[9] An animal with certain internal wounds or defects is considered a “tereifa” and may not be eaten.

[10]The Rama’s commentary on the Tur.