Dr. Chagit Blass has a BA in Law from Bar Ilan University, an LL.M. from Hebrew University and a PhD in the field of Jewish Law from the University of London. is currently in the third cohort of the Kitvuni Fellowship program, writing a book on the Agunah in Jewish Law: Innovations and Limitations.
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It is a basic halakhic rule that one does not recite a bracha, which includes the word וצונו (‘and He commanded us’), on a minhag – since a custom is not a (divine or rabbinic) commandment. However, there are exceptions to this rule, and some customs do warrant a bracha that includes the word וצונו. We will encounter two such exceptions during the month of Kislev: the first is the recitation of Hallel on Rosh Chodesh (according to some), and the second – lighting Chanukah candles in shul.
Additional customs discussed by poskim for which a bracha is recited include all the mitzvot performed on Yom Tov Sheni outside of Israel, which is observed as a custom, and the recitation of Kiddush in shul on Friday night, a widespread custom in diaspora communities. Below we will focus on the abovementioned two customs: the recitation of Hallel with a blessing on Rosh Chodesh, and the custom of lighting Chanukah candles in shul.
The formulation of the basic rule that וצונו is not recited on a minhag can be found in the Rambam:[1]
Any practice that is a custom, even if it is a custom enacted by the prophets, such as taking the arava branch on the seventh day of Sukkot, and needless to say a custom of the sages, such as reciting Hallel on Rosh Chodesh and Chol Hamoed on Pesach, one does not recite a blessing over it … And a person should always be careful with unnecessary blessings and increase the recitation of required blessings, as David said ‘I will bless You every day.’
Given this rule, why do we recite a bracha on certain customs? And how did the poskim resolve the tension between this halakhah and the common practice?
Most poskim debated each of the customs on which we recite a bracha separately, in an attempt to resolve each case individually, providing every exception with its own explanation. However, with an enlightening innovation, R. Yitzchok Zev Halevi Soloveitchik (‘the Brisker Rov’) suggested an all-encompassing resolution. We will focus on this suggestion after a brief review of the customs themselves.
What is unique about the customs we do recite a bracha for, and why is a bracha recited over Hallel on Rosh Chodesh and lighting Chanukah candles in shul? Let us open with a review of the bracha on Hallel.
Reciting Hallel with a Bracha on Rosh Chodesh
Rambam and Rabbeinu Tam disagreed on the matter of reciting Hallel on Rosh Chodesh with a bracha. According to the Rambam cited above, Hallel on Rosh Chodesh should be recited without a bracha. The Shulchan Arukh ruled accordingly, and added that the custom in Israel and its surrounding area was not to recite a bracha on Hallel.[2] Conversely, according to Rabbeinu Tam,[3] followed by the Rosh, despite the fact that Hallel on Rosh Chodesh is a custom, the bracha that includes the word וצונו should be recited.
Those who argue that the blessing should be recited for Hallel on Rosh Chodesh cite various reasons. According to the Meiri, since in Babylonia the month was not sanctified based on the sighting of the moon, as it was in Israel, the rabbis instituted the blessing on the recitation of the Hallel on Rosh Chodesh, in order to emphasize the importance of the day. Similarly, the Raavad explains that “[Hallel] on Rosh Chodesh was instituted with a bracha in order to publicize that it is [in fact] Rosh Chodesh,” and “the recitation of Hallel was instituted on sanctified days, on which the Musaf sacrifice [is brought] – if the Hallel was instituted on these for the purpose of publicizing their sanctity, this is well and good, and requires a bracha.”[4] Rabbeinu Tam views the recitation of Hallel as a reading of holy scriptures, similar to the institutionalized Torah reading, for which a bracha is recited. Without specifically addressing the custom of reciting Hallel on Rosh Chodesh, the Ritva states that one should not deviate from the customs of our forefathers. Therefore, one should recite a bracha over a minhag when that was the custom of previous generations. According to this, the recitation of Hallel with a bracha is a special ordinance for those places where it was customary throughout the generations, and one should not deviate from this custom.
With the exception of the Raavad, the poskim above justify the recitation of a bracha by the fact that it is the prevalent custom; the minhag of reciting Hallel with a bracha on Rosh Chodesh is ancient and well-established, but the halakhic source remains unknown.
The halakhic source of the custom of lighting Chanukah candles with a bracha in shul is similarly unknown, and here too there may be a distinction between the minhag in Israel and in the Diaspora.
Lighting Candles with a Bracha in Shul
As mentioned above, there is an ancient minhag to light candles in shul with a bracha, although the root of this minhag is unknown, as the Shibolei Haleket states explicitly: “We too light in shul, although we do not know the root and source of this custom.”[5]
Some argue that since the Chanukah miracle occurred in the Temple, it needs to be publicized in synagogues, which are considered a commemoration of the Temple.[6] Others argue that the purpose of lighting candles in shul is to allow guests who have no home in which to light candles to fulfill the mitzvah.[7] The Shulchan Arukh states that lighting candles in shul is a way to publicize the miracle. Resp. Rivash explains that since not everyone can light Chanukah candles at their doorpost to publicize the miracle (especially in the Diaspora where people might not want to attract attention), it became customary to light candles in shul for the entire community.[8]
But what is the purpose of reciting a bracha on lighting candles in shul? Is it not preferable to light candles without a bracha, and not risk making a bracha unnecessarily?
According to the Kolbo, since most people are not knowledgeable in the laws of brachot, there is no concern that the bracha before lighting candles is an unnecessary bracha, since it falls into the category of brachot made before taking an action (ברכות בפניהם).[9] Moreover, lighting in shul enables those who have no home in which to light to fulfill the mitzvah. R. Yaakov Emden (in Mor u-Ketziah) explains that if the candles were lit in shul without a bracha, people might mistakenly assume their purpose was to light the shul, and not to publicize the miracle. Therefore, the bracha is not unnecessary – it clarifies the purpose of the candles.
In this case as well there is an array of positions that explains why the bracha is legitimate in this specific case – but does not focus on the general rule.
The Innovative Solution by R. Yitzchok Zev Halevi Soloveitchik (‘the Brisker Rov’)
- Soloveichik discusses the question of making a bracha on a minhag in general terms.[10] He argues that there is a fundamental difference between a custom and a mitzvah. Among the characteristics that distinguish the two is the absence of a bracha in the case of a minhag – no matter how important a custom is. Therefore, one should never recite a bracha on a minhag. Conversely, one may recite a bracha on an act which is defined as a mitzvah, even if it is no more than an extension of the mitzvah. This does not attest to the importance or validity of the action, rather to its essence. The essence of a minhag does not allow one to recite a bracha, even if it is an important custom; whereas the essence of a mitzvah demands a bracha. Therefore, as long as the action is categorized as a mitzvah, one can recite a bracha.
Lighting candles on Chanukah is unequivocally a mitzvah; therefore, a bracha is recited on this act, even if the circumstances of the lighting stems from the minhag of lighting in shul, and not in a person’s home. Here, R. Soloveichik detaches the act – which is definitionally a mitzvah – from the circumstances, and argues that since the action is defined as a mitzvah – a bracha can be recited, even if the circumstances differ from the essential application of the mitzvah.
Similarly, with regard to reciting Hallel with a bracha on Rosh Chodesh, R. Soloveichik explains that according to Rabbeinu Tam reciting the Hallel is a mitzvah which parallels reading the Torah. Therefore, a bracha may be recited in this case as well. He argues that all the cases of minhagim on which a bracha is recited share the common denominator of an essential definition as a mitzvah – and in other circumstances, a bracha would be recited on the same actions due to their definition as a mitzvah. Eating matza on the second night of Pesach outside of Israel clearly demonstrates this idea: although Yom Tov Sheni is a minhag, the act of eating matza is a mitzvah, on which a bracha is recited. Therefore, although the circumstances have changed – the essence of the action is the same, and is defined as a mitzvah, and therefore a bracha may be recited.
Thus, R. Soloveichik’s broader view connects the various customs on which a bracha is recited through the element of a fundamental definition of those actions as a mitzvah.[11]
May our customs all be a blessing for us, and may a new light shine upon Zion.
Sources:
[1] Rambam, Hilkhot Brachot, 11:16.
[2] Shulchan Arukh, Orach Chaim, Hilkhot Rosh Chodesh 422:2.
[3] See Tosfot in Brachot 14a, s.v. ימים; Sukka 44b, s.v. כאן במקדש; Ta’anit 28b s.v. אמר שמע מינה; Erkhin 10a, s.v. י”ח ימים.
[4] Raavad on Rambam, Hilkhot Brachot 11:16. R. Yosef Dov Soloveichik argued that according to the Raavad the bracha recited over Hallel on Rosh Chodesh is one of praise (and not a bracha for a mitzvah). See: Reshimat shiurim le-masekhet Brachot 14a, p. 185, s.v. והנה יש מחלוקת.
[5] Shibolei Haleket 185 states that a bracha should not be recited on lighting candles in shul – but the custom is nonetheless to do so.
[6] Sefer Hamanhig, Hilkhot Chanukkah, p. 531, notes that the custom of lighting candles in shul is a minhag which is specific to the Diaspora: “The custom is a reminder of the miracle in the Temple, and is enacted to publicize the miracle in mino-Temples [synagogues] in exile.”
[7] Arukh Hashulchan, Orach Chaim, Hilkhot Chanukkah, 671:7.
[8] Resp. Rivash 111.
[9] Kolbo, article 50.
[10] Chidushei Maran RIZ Halevy on Rambam, Brachot 11:16.
[11] For R. Soloveichik’s position on this matter see also Reshimot shiurim le-masechet Brachot 14b.