We have seen that there is a difference of opinion whether the Bircas Eirusin recited on the kiddushin is a bircas hamitzvah or a bircas ha’shvach. We will now explore some more nafka minos between the two perspectives.
There is an age-old question as to who has the right to choose the mesader kiddushin, the one who officiates and will recite the brocha. This may depend on our question. If the mesader kiddushin is reciting the brocha on behalf of the chosson, then it is logical for the chosson to be the one to choose who should be his emissary. However, if it is a general brocha of praise to Hashem, then it is not necessarily in the chosson’s domain.
However, as was already mentioned, the B’tzeil Hachachma writes that even if it is a bircas ha’shvach, it is the chosson who has the obligation to recite the brocha, and therefore, it should be up to the chosson to decide. He proves this notion from the words of Rav Akiva Eiger (E”H 34:1), who discusses an interesting question.
There is a question as to when this brocha is recited. Should it be recited before the kiddushin or after the kiddushin? What happens, wonders Rav Akiva Eiger, if in the chosson’s locale, the minhag is to recite the brocha before, whereas in the kallah’s locale, the minhag is to recite the brocha after. Which minhag should be followed? Rav Akiva Eiger writes that, since it is the chosson’s mitzvah, the mesader kiddushin should follow the minhag of the chosson. This, says the B’tzeil Hachachma, is proof that the brocha is being recited on behalf of the chosson, and therefore, he has the right to choose.
IS THE BROCHA RECITED BEFORE OR AFTER THE KIDDUSHIN?
Another nafka mina can be whether the brocha should be recited before or after the kiddushin. Additionally, even according to the prevalent minhag that the brocha is recited before the kiddushin, what is the halachah if they forgot to recite the brocha before the kiddushin? Can it still be recited after the kiddushin?
Once again, this should depend on our question. If the brocha is a bircas ha’shvach, it is never too late to praise Hashem, and the brocha can still be recited after the kiddushin, just as we praise Hashem after the fact when seeing lightning and the like. But, if it is a bircas hamitzvah, it must be recited before the performance of the mitzvah, following the regulation that all brochos must be recited prior to the performance of the mitzvah. Generally speaking, the halachah is that once a mitzvah was performed, one can no longer recite the bircas hamitzvah.
However, this is not so simple. Even if it is a bircas hamitzvah, it may be possible to recite it afterwards. The Tur writes that some are of the opinion that even if it is a bircas hamitzvah, the brocha is recited after the kiddushin is performed. This is based on the general rule that when a mitzvah is dependent on others, there is a concern that the other parties involved will not follow through, thereby nullifying the mitzvah and invalidating the brocha. Similarly, due to the concern that the bride may not agree to accept the kiddushin, there are opinions that the brocha should be recited after the kiddushin.
IN SUMMARY
We have seen some nafka minos if the brocha is a bircas hamitzvah or a bircas ha’shvach in regard to who chooses the mesader kiddushin and when the brocha is recited.
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