There is
a Chakira, is Nisias Kapaim, the raising of the hands a Tenai in Duchaning or
is it the Guf Hamitzvah (the definition of the Mitzvah).
What I
mean to say is this, Amida – standing is not the Guf Hamitzvah of Duchaning, it
is a condition of Duchaning. The question is if Nesias Kapaim is like Amida –
standing or no Nesias Kapaim is the definition of Duchaning. After all we call
it Nesias Kapaim and we don’t call it Birchas Kohanim. The Gemara in Maseches
Kesuvos 22 calls it Nesias Kapaim .
What is
interesting is that this Chakira is the subject of a Machlokes in the Halacha
L’mayseh world. All Berachos have to be said before the Mitzvah is done. So the
question is the following, when the Kohen makes the Beracha should the Kohen already
have their hand stretched out, make the Beracha and go directly into Nesias
Kapaim, or should they first make the Beracha and then lift up their hands. If
you hold that lifting up the hands is the Guf Hamitzvah then the Kohanim should
first make the Beracha and then lift up their hands. However, if you hold it is
only a Tenai then on the contrary lifting the hands should be done first so
that they are ready for the Mitzvah.
There
are 2 Minhagim in what the Kohen does first. Most Kohanim stretch out the hands
first, make the Beracha and in middle of the Beracha turn towards the
congregation. The Shulchan Aruch Harav (which is the Minhag followed by Chabad)
says in 128:17 that Nesias Kapaim is the Guf Hamitzvah and therefore the
Beracha should be said first, the arms are stretched out second. So we find
here a major difference if the Inyan of Nesias Kapaim is a Tenai in the Mitzvah
or if it is the Guf Hamitzvah.
The Biur
Halacha at the beginning of 128 in Dibbur Hamaschil B’zor wonders how is it that
we have a custom that a Father blesses his children with the same Nusach as the
Kohanim on Erev Yom Kippur and most do it every Erev Shabbos. So the Biur
Halacha asks a Zar, someone who is not a Kohen is not allowed to Duchan and he is
Over an Issur if he Duchans?
If you
hold like the Shitta of the Baal Hatanya this would be answered because putting
the hands out is the Guf Hamitzvah and if you bless a child without putting out
the hands you are not Over on Bal Tosef.
In fact
the Torah Temima on this week’s Parsha writes that the Gra was Makpid not to
Bentch somebody with two hands on the head because that is Nesias Kapaim with
your arms spread out and he would only Bentch somebody with one arm spread out.
In the Siddur HaGra it says that as well. This is controversial as there are
those that say that it is inaccurate. But at any rate the point is the same.
That if you hold that Nesias Kapaim is the Guf Hamitzvah then Avada if somebody
doesn’t do it with the proper Nesias Kapaim then he is not Over on Bal
Tosef. Even though it is a minority
Shitta, the Bal Hatanya, nevertheless it would answer the Biur Halacha’s Kasha
and it would come out very Geshmak with that.
There is
something else that comes out very Geshmak. Tosafos in Yevamos 7a asks a
question. Why is it that a Kohen that kills someone even if it was B’shogeg
can’t Duchan again and yet in the Bais Hamikdash this Kohen is not Posul to do
the Avoda if he killed somebody if he is not a Rasha, meaning that he did
Teshuva or he did it B’ones.
Tosafos
in the second Teretz says (ואין קטיגור נעשה סניגור) the hands which cause someone’s death cannot
be the same hands to bring Beracha.
It is
Mashma from Tosafos that the hands are what bring the Beracha itself, because
after all if the hands are only something that is part of the ceremony then
Zerikas Hadam, the spreading of the blood in the Bais Hamikdash also requires
hands. However, if we understand Nesias Kapaim the use of the hands as the Guf
Hamitzvah then that is a whole different story. So this is something else that
would come out very Geshmak based on this Chakira.
