More Discussions for this daf
1. Animal instinct 2. For Moshe Rabbeinu it was Easy 3. Havdalah Al ha'Kos
4. Havdalah 5. When One Sees An Ox While Davening 6. Chavrusa
7. Black bulls, Otiyot and Arod 8. Don't worry about a snake; keep away from a Shor Tam 9. Havdalah
10. Arod 11. Saying Modim twice 12. Shemoneh Esreh in the times of the Mikdash
13. Berachah she'Einah Tzerichah
DAF DISCUSSIONS - BERACHOS 33

Daniel Fishman asked:

There is an extensive machloket on this Gemara that says "kol hamivaraeich bracha sheina tzricha oveir blo tisa" as to whether this is actually an issur diorita or just an asmachta which is an issur dirabanan.But what is the nafka mina if its diorita or dirabanan when we know safek brachot lihakeil anyway?

Daniel Fishman, Lawrence, America

The Kollel replies:

Here are 2 nafka minot if it is deoraita or derabanan:

(1) There is a very big macheloket between the Rishonim whether ladies may make a berachah on Mitzvot that they are not obliged to perform because they are limited to a certain time, e.g. can women make a berachah on listening to the Shofar on Rosh Hashanah or shaking a lulav and etrog on Sukkot?

Tosfos Rosh Hashanah 33a DH Ha cites Rabeinu Tam who maintains that they may say the beracha. Tosfos (second wide line there)writes that one need not be worried that this is a Beracahah she'Einah Tzerichah and she thereby transgresses saying the Divine Name in vain, because this is only an asmachta. One learns from Tosfos that if a berachah she'eina tzerichah would have been deoraita, women would not have been allowed to make a berachah on the lulav even according to Rabeinu Tam. However since it is only derabanan, it seems that R. Tam maintains that the rabanan allowed her to say the berachah since she is after all performing a Mitzvah, albeit only an optional Mitzvah.

[This would seem to be the logic behind the Rambam's opinion, because in Hilchos Tziztis 3:9 the Rambam writes that if women wish to perform positive Mitzvot from which they are exempt one does not stop them as long as they do not say a berachah. This is consistent with what the Magen Avraham 215:6 writes that according to the Rambam a beracha she'eina tzericha is a deoraita prohibition. ]

(2) The Gemara in Rosh Hashanah 29b states that one may make a beracha on bread that one gives to one's children even if one does not eat from the bread at all. This is in order to educate them how to make the berachah. Ritva there writes that the reason that this is permitted is because the prohibition against a berachah in vain is only derabanan and therefore Chazal allowed making a berachah she'eina tzerichah in order to teach one's household how to make blessings. The Ritva writes that if the prohibition against a berachah she'eina tzericha would have been deoraita one could not have permitted a deoraita prohibition merely in the name of chinuch.

KOL TUV

Dovid Bloom

P.S. Reb Daniel - Since the last time we were in touch we have had 2 Mazel Tovs in our family because 2 of our sons got engaged! Simchos by you too!