Mishneh Torah (Moznaim)
Featuring a modern English translation and a commentary that presents a digest of the centuries of Torah scholarship which have been devoted to the study of the Mishneh Torah by Maimonides.
Mishneh Torah (Moznaim)
Featuring a modern English translation and a commentary that presents a digest of the centuries of Torah scholarship which have been devoted to the study of the Mishneh Torah by Maimonides.
“Our Lord and King of the universe....”
Although the Shema interposes between this blessing and the blessings that precede it, they are still considered as blessings that come in succession to each other. This same rule applies to other blessings, e.g., the blessings Yishtabach and Baruch she’amar and the blessings before and after Hallel.
In this instance, the phrase “Blessed...” which begins the first blessing in the succession, applies to the blessings that follow as well.
See Chapters 8 and 9.
See Hilchot Tefilah, Chapter 7. The blessings mentioned there are equivalent to the blessings recited over fruit.
These blessings are discussed in this chapter.
The blessings mentioned in the previous chapter.
Indeed, most of the blessings mentioned in the previous chapter are structured in this manner.
E.g., the blessing on rain mentioned in Chapter 10, Halachah 5.
The bracketed additions are based on the commentary of the Kessef Mishneh.
I.e., blessings from these categories that both begin and concluded with “Blessed are You....”
See Hilchot Tefillah 12:5. Other examples are the blessings over the haftarah and the blessing over consecrating a wife.
See Chapter 10, Halachah 10. Other examples are Kiddush, Havdalah, and the blessing sanctifying the new moon.
Tefillin represent a mitzvah that we are required to fulfill each day, while sukkah, lulav, and shofar are fulfilled only on the holidays with which they are associated. By mentioning both these types of obligations, the Rambam expresses his point more clearly. It is, nevertheless, worthy of question why the Rambam lists the mitzvot of sukkah, lulav, and shofar in this order. In Hilchot Shofar V’Sukkah V’Lulav, he discusses them in a different order.
See Hilchot Mezuzah 6:1. The Rambam lists ten qualifications a house must have to require a mezuzah. A person may choose to live in a house that does not fulfill all these requirements.
The Jerusalem Talmud (Berachot 6:1) derives the obligation to recite a blessing before fulfilling mitzvot as follows: Exodus 24:12 establishes an equation between Torah study and the mitzvot. Therefore, since blessings are recited before Torah study (see Hilchot Tefillah 7:10), a blessing should also be recited before fulfilling a mitzvah. It must, however, be emphasized that this is an asmachtah and the obligation to recite these blessings originates in Rabbinic law and not in the Torah itself.
According to the Rambam, there is one exception to this principle: the ritual immersion of a convert, as explained in Halachah 7. Although other authorities maintain that the blessing before washing hands should be recited after washing and not beforehand, as mentioned in Chapter 6, Halachah 2, the Rambam does not agree, and requires that this blessing also be recited before fulfilling the mitzvah.
The Rambam’s statements imply that a blessing should not be recited before fulfilling any of the mitzvot between man and man. The Rabbis have given several explanations why blessings are not recited before fulfilling such commandments: a) A blessing is recited only when a person can fulfill a mitzvah on his own, without requiring the assistance of another person. Many of the mitzvot between man and man require a recipient—e.g., charity cannot be given without a poor man being willing to receive it, a lost object cannot be returned unless its owner accepts it (Rashba, Responsum 18). b) The gentiles are also obligated to give charity and establish a stable society. Hence, they fulfill many of the positive commandments. Thus, the blessing recited before fulfilling a mitzvah, praising God for sanctifying—i.e., differentiating—“us with His commandments” is inappropriate (Torah Temimah).
I.e., mitzvot that we are required to fulfill at a specific time.
I.e., mitzvot that have a voluntary dimension; thus, if one desires to carry within a carmelit on the Sabbath, one must establish an eruv; if one desires to eat bread, one must wash one’s hands.
There are several types of eruvim, as the Rambam explains in Hilchot Eruvin. All are included in the same blessing.
There is a slight difficulty with the Rambam’s statements. Although washing hands before eating has a voluntary aspect, as explained above, we are required to wash before prayer each morning. (See Chapter 6, Halachah 2.)
The Rambam’s question is: Since these commandments were instituted by the Sages, how can we say that God commanded us to fulfill them?
The Rambam’s statements are based on Shabbat 23a, except that he quotes a different portion of the proof-text mentioned by the Talmud in order to emphasize the positive nature of the Biblical commandment (Kessef Mishneh). Compare also to Chapter 6, Halachah 2, where he quotes another portion of the verse.
(Note the Ramban’s objection to the Rambam’s definition of Rabbinic commandments and the Kiryat Sefer’s resolution of the difficulty in the fifth chapter of his introduction to the Mishneh Torah.)
See Chapter 6, Halachot 2-3, which explain that the obligation to wash after eating was instituted lest a person use Sodomite salt and, after eating, inadvertently pass his hands over his eyes and blind himself. Note also the objection of the Ra’avad to the Rambam’s statements in Halachah 2 of that chapter.
There is a slight difficulty with the Rambam’s statements. In Halachot 9 and 12, the Rambam states that a blessing is recited when one fulfills the mitzvah of constructing a guardrail. On the surface, the purpose of that mitzvah is to prevent danger. This question can, however, be resolved on the basis of Hilchot Tefillah 9:7, which states: “One who says... ‘May He Who showed mercy on a bird’s nest... show mercy on us’... should be silenced, because these mitzvot are God’s decrees and are not [expressions of] mercy.”
Although the obvious reason for the mitzvah of chasing away the mother bird is to show mercy (and the Rambam himself gives such an explanation in the Guide for the Perplexed, Vol. III, Chapter 38), that mitzvah—and every mitzvah—is ultimately a Divine decree that surpasses human intellect. Any rationale we provide is limited and cannot define the mitzvah in a complete manner.
The same applies in the present instance. Although the obvious reason for constructing a guardrail is to prevent a dangerous situation from arising, this nevertheless represents only man’s conception of the mitzvah. God’s purpose is beyond our comprehension. Therefore, a Rabbinic ordinance like washing after the meal can be considered as having been established because of danger, and, for that reason, a blessing is not recited in connection with its performance. In contrast, with regard to a commandment from the Torah itself, there is no way that we can define the ultimate purpose for its performance and consider it as having been granted us only to avoid danger (Kin’at Eliyahu). [See also Likkutei Sichot, Vol. IX. Note also that although the Rambam and the She’iltot of Rav Achai Gaon mention reciting a blessing over the construction of a guardrail, the Shulchan Aruch (Choshen Mishpat, Chapter 427) does not mention this blessing.]
To explain this concept, using one of the examples cited by the Rambam: When one puts on tefillin, one’s fulfillment of the mitzvah continues throughout the entire time one is wearing them. Therefore, although one should recite the blessing before putting them on, if one did not, it is still proper to do so afterwards, because one is still fulfilling the mitzvah.
The Rambam gives examples of this concept in the following halachah.
Since the mitzvah is already completed, there is no further cause to recite the blessing. On the contrary, according to the Rambam, doing so would be a recitation of the blessing in vain. (See Hilchot Ishut 3:23.)
As he mentions in the previous halachah, the Rambam maintains that this exception applies only regarding the immersion of a convert. Other individuals—e.g., a woman immersing herself to emerge from the niddah state or, in the times of the Temple, a person immersing himself to emerge from other states of impurity—should recite a blessing before immersing. (As the Rambam states in Hilchot Tefillah 4:4, there is no difficulty in a person who is ritually impure reciting prayers.)
Tosafot, Berachot 51a, differ, maintaining that since an exception is made regarding the immersion of a convert, the Sages did not differentiate and required that the blessings for all immersions be recited afterwards. The Rambam’s opinion is quoted by the Shulchan Aruch (Yoreh De’ah 200:1), while the Rama follows Tosafot’s view. (See also the commentary on Chapter 6, Halachah 2, which discusses whether the blessing for washing hands should be recited before washing or afterwards.)
Therefore, in this instance, at the outset, the Sages instituted the obligation to recite a blessing after immersion.
The Rambam’s phraseology is somewhat problematic, for it implies that there is a separate mitzvah in making a sukkah or a lulav. His intent, however, is clear. When a mitzvah has two phases—the preparations for performing it and its actual performance—the blessing is recited only before the latter.
The commentaries have questioned the Rambam’s intention in using the phrase “making a lulav.” What has to be made? According to the Rambam (Hilchot Lulav 7:6), we are not required to bind the three species of the lulav together. This question can be resolved, however, because according to Rabbinical decree, it is desirable that the species be bound together (Rav Kapach).
Note the Chatam Sofer (Orach Chayim, Responsum 52), who states that whenever the fulfillment of a mitzvah takes a long time, one should recite the blessing before one completes the last phase. Thus, with regard to the construction of a guardrail, one should recite the blessing before constructing the last portion of the divider. (See also Halachah 4, note 13.)
In one of his responsa, the Rambam explains that just as we recite the blessing shehecheyanu over the acquisition of new clothing (Chapter 10, Halachah 1), we recite this blessing over the acquisition of new mitzvot.
According to Ashkenazic custom, the blessing shehecheyanu is not recited over circumcision. See Hilchot Milah 3:3.
The Rambam’s phraseology appears to indicate that it is proper to recite the blessing shehecheyanu when making the sukkah. The common practice, however, in both the Sephardic and Ashkenazic communities, is to recite the blessing when fulfilling the mitzvah. One should, however, also have in mind the construction of the sukkah.
For example, he affixes a mezuzah for a colleague.
One may, however, recite shehecheyanu for another individual with the intent that the other person answer Amen, and thus fulfill his requirement for reciting the blessing even when one has already recited the blessing oneself. (See Kessef Mishneh.)
See Sukkah 46a.
For example, mitzvot such as tefillin, shofar, or sukkah.
For example, mitzvot such as mezuzah or constructing a guardrail. The fulfillment of these mitzvot is not an absolute obligation, since, as the Rambam stated previously, one may dwell in a house that does not require a mezuzah or a guardrail. Nevertheless, once one builds such a house, there is an obligatory aspect to their performance.
Since the person is not performing the mitzvah on his own behalf, it is not appropriate that he praise God for commanding us to perform a specific activity. Therefore, he should use the form “...concerning the mitzvah of....”.
A mitzvah that we are obligated to fulfill each day.
This is the blessing recited over the arm tefillin, and over both the arm and head tefillin when one does not speak between putting them on. Should one speak, one should recite the blessing “... concerning the mitzvah of tefillin” before putting the head tefillin on (Hilchot Tefillin 4:6).
The latter statement is problematic for the Rambam: Since the blessing is recited before putting on the head tefillin, it should use the form “... and commanded us to...” rather than “... and commanded us concerning the mitzvah of....”
A mitzvah that, as mentioned in the previous halachah, has a non-obligatory nature. The Torah does not obligate us to wear tzitzit each day. (See Hilchot Tzitzit 3:11.) Nevertheless, a person who wears a garment requiring tzitzit is obligated to fulfill the mitzvah each day.
This blessing is recited before putting on the tallit gadol. As mentioned in the commentary on Hilchot Tzitzit, the Rambam does not mention the custom of wearing a tallit katan at all. It is our custom to recite the blessing “... concerning the mitzvah of tzitzit” for such a garment. It is possible to explain that the form “... concerning...” is used because, generally, we have touched unclean portions of our body before putting on the tallit katan. Hence, the blessing cannot be recited before donning the garment. Accordingly, the form “...concerning the mitzvah...” is more appropriate, as stated in Halachah 15.
A mitzvah that is obligatory in nature, but which can be performed only during a certain time of the year.
It is our custom to recite this blessing even if one began sitting in the sukkah without reciting the blessing, and recited the blessing afterwards. From Halachah 15, however, it does not appear that the Rambam would accept this practice.
The Rambam mentions Shabbat candles and Hallel specifically because these are Rabbinic mitzvot
This is the Sephardic custom. Today, in Ashkenazic communities, the text of the blessing is “... to read the Hallel.”
The Rambam mentions the mitzvot of mezuzah and a guardrail for two reasons: First, as explained in the commentary on the previous halachah, there is a non-obligatory aspect to these mitzvot. Second, as explained in the following halachah, there is a difference whether one performs these mitzvot by oneself or whether one performs them on behalf of another person.
See Halachah 4, Note 13.
The Yemenite manuscripts of the Mishneh Torah also mention the separation of tithes in this context.
Although the Shulchan Aruch (Yoreh De’ah 265:2) mentions the Rambam’s opinion, the Rama states that it is customary to recite the blessing “... concerning the circumcision,” at all times.
The Rambam mentions these mitzvot to contrast them with the following halachah, which describes their performance on behalf of another person. It would appear that the Rambam is making the point that one should use the form “... to...” when performing the mitzvah oneself even when, in general, it is more likely that the mitzvah be performed by an agent (Kin’at Eliyahu).
The Shulchan Aruch (Yoreh De’ah 289:1) and other authorities mention the recitation of only the blessing “to affix a `.”
Even if he would perform such a mitzvah only on his own behalf, he would use this form, as explained in the following halachah.
See Halachah 3.
In this instance as well, were he to perform the mitzvah only for himself, he would use this form.
As mentioned in Halachot 5 and 6, once a mitzvah has been fulfilled, it is no longer proper to recite a blessing. The mitzvah of lulav, however, represents an exception to the rules stated there. Unlike tefillin or sukkah, the mitzvah of lulav does not continue for the entire time one holds it. Instead, as the Rambam states, as soon as one picks it up, one fulfills the obligation as required by the Scriptural Law (mid’oraita). Nevertheless, it is still permissible to recite a blessing, because the Sages ordained that the mitzvah be fulfilled by carrying out the nanu’im (shakings) of the lulav in the Hallel prayers.
Since this dimension of the mitzvah remains, one may still recite a blessing. Nevertheless, since mid’oraita one has fulfilled one’s obligation, it is not proper to use the form “...to...,” which implies an activity to be fulfilled in the future (Tosafot, Pesachim 7b).
The Shulchan Aruch (Orach Chayim 651:5) relates that the blessing “...concerning the mitzvah of lulav” should be recited even when one recites the blessing before picking up the lulav.
This refers to an instance when the fulfillment of a mitzvah continues beyond the first moment, and one did not recite the blessing at the outset, as explained in Halachot 3 and 5. According to the Rambam, one should change the form of the blessings in such an instance. The Ra’avad objects to the Rambam’s decision, explaining that we should not change the form of the blessings. It is the Ra’avad’s view that is accepted in practice at present.
There is a distinction between these mitzvot and those mitzvot mentioned in Halachot 11 and 12 that were described as not being obligatory in nature. One is not obligated to live in a house that requires a mezuzah. Nevertheless, should one dwell in such a house, one is obligated to fulfill the mitzvah. In contrast, there is never any obligation to carry out the activities which require one to fulfill the mitzvot described in this halachah.
See also Halachah 3.
The Rambam states in Hilchot Chametz UMatzah 2:1-2:
It is a positive mitzvah from the Torah to destroy chametz.... What is the destruction to which the Torah refers? To nullify chametz within one’s heart and to consider it as dust, and to resolve within one’s heart that he possesses no chametz at all.
Nevertheless, since the Sages required one to search for chametz throughout one’s house (see Hilchot Chametz UMatzah 2:3), the mitzvah is not completely fulfilled until the search is completed. Therefore, a blessing may be recited.
Hilchot Lulav 7:20-22 relates that while the Temple was standing, willow branches were placed near the altar on each of the seven days of the Sukkot festival, with the exception of the Sabbath. At present, to commemorate that practice, it is customary to take willow branches on the seventh day of the holiday and hit them five times against the ground.
In contrast to the recitation of Hallel on the festivals, which the Rambam (Hilchot Chanukah 3:6) considers a mitzvah instituted by the Sages, the recitation of Hallel on Rosh Chodesh was not uniformly accepted among the Jewish community in Talmudic times. Thus, Ta’anit 28b relates that the great Sage Rav was not accustomed to reciting Hallel on Rosh Chodesh. Rather, it is a custom that was practiced in Babylon for years, and ultimately became universally accepted. Therefore, certain portions are not recited and a blessing is not recited.
The Ra’avad and Tosafot, Ta’anit (loc. cit.) differ and maintain that, in contrast to taking the willow, which is not an involved practice, the recitation of Hallel is worthy of a blessing. The Shulchan Aruch (Orach Chayim 422:2) quotes the Rambam’s opinion and states that it is the accepted practice in Eretz Yisrael. In contrast, the Rama follows the other view.
Since there was no special sacrifice ordained for each of the latter days of Pesach individually, but rather the same sacrifices were offered throughout the festival, the full Hallel is not recited. The same laws that govern the recitation of Hallel on Rosh Chodesh apply.
The Kessef Mishneh and other commentaries give several examples of such practices:
a) Separating tithes from produce that is classified as d’mai (produce sold by an unlearned person). The Sages required this separation as a safeguard, because they were unsure whether the unlearned person had separated the tithes or not. Although the tithes should be separated because of this doubt, since it is possible that they had been separated previously, a blessing should not be recited.
b) Covering the blood of a k’oi. The Sages were unsure whether such an animal should be classified as a beheimah, whose blood should not be covered, or as a chayah, whose blood must be covered. Because of the doubt, we cover the animal’s blood. We do not, however, recite a blessing (see Hilchot Shechitah 14:4).
c) Dwelling in the sukkah on Shemini Atzeret. Although it is customary to dwell in the sukkah on this day in the Diaspora, in deference to the possibility that Sukkot actually began on the second day, a blessing is not recited. (See Hilchot Sukkah 6:13.)
The blessing is not recited lest the deed one performs not be necessary, and thus the blessing one recites would be considered as taking God’s name in vain.
Note the question of the Kessef Mishneh concerning the Rambam’s decision (Hilchot Kri’at Shema 2:13) that a person who is unsure whether he recited the Shema should recite its blessings as well.
Sukkah 46a quotes a similar verse and comments, “Each day, respond to Him in a manner that reflects His blessings.” The Rambam appears to be implying that a person should be continuously aware of the kindness God is granting him and respond by blessing Him.