We have seen some differences if the brocha recited before the kiddushin is a bircas hamitzvah or a bircas ha’shvach in regard to who chooses the mesader kiddushin and when the brocha is recited.
Let us explore some more differences.
HEFSEK AFTER THE BROCHA
Another nafka mina is if it has to be toch kedei dibur, within a few seconds of the kiddushin. The Pri Megadim (Pesichah to Brochos, Siman 14) maintains that, in general, a brocha on a mitzvah must be recited right before or after the performance of the mitzvah, without any break in time for more than a few seconds, even without talking. Furthermore, if someone did interrupt with talking, he would be required to recite the brocha again.
But when it comes to a bircas ha’shvach, there is a discussion whether it must be recited immediately before or after. For example, if one saw lightning, according to some, the person can wait a few seconds and still recite the brocha.
Based on this distinction, we have another possible nafka mina. If the brocha recited before the kiddushin is a bircas hamitzvah, the kiddushin must be performed immediately, without any break between the brocha and the kiddushin. Furthermore, if one spoke between the brocha and the kiddushin, the brocha would need to be repeated. On the other hand, if it is a bircas ha’shvach, according to some opinions, it will not be a problem even if there is a break.
STANDING DURING THE BROCHA
In general, the Pri Megadim (Pesichah to Brochos, Siman 18) writes that a brocha on a mitzvah must be recited while standing, whereas if it is a bircas ha’shvach, it can be recited while sitting. Thus, if there is a mesader kiddushin who is sick or old and wishes to recite the brocha while sitting, it may depend on this question. If it is a bircas ha’shvach, he would be allowed to recite the brocha while sitting down.
But if it is a bircas hamitzvah, it should be recited standing.
RECITING THE BROCHA FOR A CHOSSON WHO CAN’T HEAR
Another question is regarding a chosson who is a cheireish, deaf, who cannot recite the brocha or hear the brocha being recited. Can the mesadar kiddushin recite the brocha if the chosson will not hear it?
The Pischei Teshuva quotes the Noda B’Yehuda, who writes that in this case, he does not recite the brocha. However, Rav Akiva Eiger (in his glosses on the Ta z Y”D 1:17) writes that he can, in fact, recite the brocha. Once again, this dispute may depend on the above question. If the mesader kiddushin is reciting the brocha on behalf of the chosson, the chosson must be able to hear and have in mind to fulfill his obligation, and if he can’t hear, there is no reason to recite the brocha. On the other hand, if it is a bircas ha’shvach, it is possible that anyone can recite the brocha, even if the chosson is unable to hear.
IN SUMMARY
We have seen some more nafka minas:
1) If the brocha recited before the kiddushin is a bircas hamitzvah, the kiddushin must be performed immediately, but if it is a bircas ha’shvach, a break may not be a problem.
2) If it is a bircas hamitzvah, it should be made standing, but if it is a bircas ha’shvach, it can be made sitting down.
3) If it is a bircas hamitzvah, and the mesader kiddushin is reciting the brocha on behalf of the chosson, the chosson must be able to hear, but if it is a bircas ha’shvach, possibly anyone can recite the brocha, even if the chosson is unable to hear.
RABBI NACHUM SCHEINER
