This website is dedicated L’ilui Nishmas R’ Shmuel Yitzchak ben R’ Moshe A”H ר’ שמואל יצחק בן ר’ משה ע”ה

 We are continuing in siman 12. The Chayei Adam wrote that if one remains away from a perfumery for a “long time”, they would need to make a new bracha. We learned about the definition of a “long time”, comparing our case to the case of taking off a tallis, and concluded that one would not make a new bracha for up to three hours after leaving, provided they did not effect a hesech hadaas (i.e., a deliberate decision to end).

 The halacha of remaining away for an amount of time applies to the halachos of sukkos as well. If one leaves the sukkah with the intent to return, even if they delay in returning (e.g., guests come to the door, etc.) they do not make a new bracha for up to three hours after having left the sukkah, provided they did not effect an intentional hesech hadaas from the sukkah.  

We learned from Rav Moshe Shternbuch that lechatchilla, a “long time” refers to more than 30 minutes,. The shiur of three hours was due to a safeik, and the halacha of safeik brachos l’hakeil. Thus, lechatchilla, if one leaves the sukkah with intent to return, one should not remain out of the sukkah for more than 30 minutes in order to avoid the situation.

In all three of these cases, the question of shinui makom must be considered as well. Regarding tallis, the question is usually not relevant, because one generally remains in the same makom. Regarding smells, we learned (shiur 1186) two reasons why shinui makom would not necessitate a new bracha. Regarding sukkah, the reason that shinui makom does not necessitate a new bracha for smells (because no action is required) applies to sukkah as well.

However, the question of shinui makom may be dependent on a machlokes between the Rosh and Rambam. The bracha we make on the sukkah is lei’sheiv basukkah. The Rosh holds that lei’sheiv does not literally mean to sit, but to dwell and spend time in a place. Once a person walks into the sukkah, they have fulfilled the mitzvah, and no further action is required on their part to fulfil the mitzvah, exactly as the Magen Avraham described the bracha on smell.

The Rambam disagrees and holds that the bracha refers to specifically sitting down, and a person has not fulfilled their mitzvah until they have sat down. 

This machlokes plays out in an interesting discussion about how to make the bracha. According to the Rosh, once a person has entered the sukkah, they have immediately fulfilled their mitzvah. Thus, one could argue that the bracha should be made right before walking into the sukkah, in order to make the bracha immediately before fulfilling the mitzvah. Nevertheless, Chazal established that one should make the bracha lei’sheiv basukkah during kiddush. Therefore, since one fulfils the mitzvah of sukkah in any manner, if one has the minhag to sit for kiddush, they may remain seated for the bracha, because they do not need to follow the bracha with an action (sitting down) in order to fulfil the mitzvah. 

According to the Rambam, since the mitzvah is to sit, one should stand during the bracha in order to sit immediately afterwards and fulfil their mitzvah, as one normally proceeds to act on the mitzvah right after making the bracha. 

Regarding shinui makom, according to the Rambam, since one has to do an action in order to fulfil the mitzvah (sitting), a sukkah is not akin to a perfumery (where the smell comes to a person without any action), but rather more similar to food (where an action is necessary to receive the benefit). If so, when one leaves, even if they intend to return, they would need to make a new bracha.

However, the assumption of the poskim is to follow the Rosh, so one would not make a new bracha upon their return, provided they did not effect a hesech hadaas.

 I will be giving a full length shiur on this topic, at the yeshiva,on the first day of chol hamoed, BE”H.

Summary

  • If one makes a bracha on smell, the bracha will extend for as long as they remain in that makom. 
  • There are three situations in which one would require a new bracha:
    • If one effects a hesech hadaas on the smell. A hesech hadaas is defined as an active decision to no longer smell the item or to return to the store.
      • If one left the store with the intent to return, and later changed their mind, they have also effected a hesech hadaas and would require a new bracha should they return.
    • If one did not have any particular intent but remained away for a long time. A long time is defined as more than three hours.

 

The above halachos apply to sukkah as there. Therefore:

  • If one makes a bracha on the sukkah, the bracha will extend for as long as they remain in that sukkah. 
  • There are three situations in which one would require a new bracha:
    • If one effects a hesech hadaas on the sukkah. A hesech hadaas is defined as an active decision to leave the sukkah or not to return to it.
      • If one left the sukkah with the intent to return, and later changed their mind, they have also effected a hesech hadaas and would require a new bracha should they return.
    • If one did not have any particular intent but remained away for a long time. A long time is defined as more than three hours.

 

 We are continuing in siman 12. We learned that if one leaves a perfumery with the intent to return, the leaving is not considered a hefsek, and one does not make a new bracha upon their return. The Magen Avraham gave two explanations as to the difference between the halachos of shinui makom regarding food and smells. The Mishnah Berurah only accepted the Magen Avraham’s second answer, and we therefore pasken that any item which requires an action to smell it requires a new bracha when a shinui makom is effected. In a perfumery, where the smell wafts towards a person without any action, one does not require a new bracha should one effect a shinui makom.

The Chayei Adam wrote that another situation in which one would require a new bracha is if they leave the store and effect a hesech hadaas on the smell. That is, they have deliberate intent that they no longer wish to return to the store. If one left with the intent to return, and later changed their mind, they have also effected a hesech hadaas and would require a new bracha should they return.

The Chayei Adam wrote that a final situation in which one would require a new bracha is if they remain away for a long time, even if they do not effect a hesech hadaas. In our siman, the Chayei Adam does not delineate a specific amount of time. However, there is a similar discussion regarding tallis. If one takes off their tallis for a purpose (e.g., to go to the bathroom) with the intent to put it back on, they do not need to make a new bracha, provided they did not effect a hesech hadaas. If one leaves their tallis off for a long time, but still did not effect a hesech hadaas, the Mishnah Berurah uses the language of “miyad”, immediately, in describing the amount of time that may elapse before one would be required to make a new bracha. The Mishnah Berurah cannot mean “immediately” in the literal sense, because it would be impossible to take off a tallis and accomplish any sort of purpose in such a short amount of time. Rav Moshe Shternbuch suggests that “miyad” refers to within 30 minutes, as a 30 minute window is found in other areas of halacha as referring to a short amount of time. 

However, the Shulchan Aruch Harav seems to allow one to keep their tallis off for even two to three hours as long as there has been no hesech hadaas. Due to the safeik, we apply the general rule of safeik brachos le’hakeil, and, provided one has not effected a hesech hadaas, one would not make a new bracha on their tallis even if they took it off for two or three hours. Similarly, regarding our halachos, one would not make a new bracha upon returning to the perfumery, even if they were away for two to three hours.

Summary

  • If one makes a bracha on smell, the bracha will extend for as long as they remain in that makom. 
  • There are three situations in which one would require a new bracha:
    • If one effects a hesech hadaas on the smell. A hesech hadaas is defined as an active decision to no longer smell the item or return to the store.
      • If one left the store with the intent to return, and later changed their mind, they have also effected a hesech hadaas and would require a new bracha should they return.
    • If one did not have any particular intent but remained away for a long time. A long time is defined as more than three hours.
    • If one went into a different store.

 We are beginning siman 12. The Chayei Adam continues discussing the halachos of a perfumery; specifically, how often the bracha is made. If one leaves the store with the intent to return, the leaving is not considered a hefsek, and one does not make a new bracha upon their return. If one leaves and effects a hesech hadaas on the smell (they have deliberate intent that they no longer wish to return to the store), or did not have any particular intent but remained away for a long time, or went into a different store, they require a new bracha.

The implication of the Chayei Adam is that if one remains in the store for an extended time, such as an employee, they make a bracha at the beginning and it will last the entire day 

The Chayei Adam wrote that unless one effects a hesech hadaas, the bracha extends–even if there is a shinui makom–as long as it is not for a long time. Regarding food, we have learned that Ashkenazim pasken that foods which require a bracha achrona in the place in which they were consumed retain their bracha even if one effects a shinui makom. Since one must return to the original place, we consider it as though the person never left. However, other foods lose their bracha through a shinui makom. Over here, the Chayei Adam writes that shinui makom does not necessitate a new bracha. Why is smell different than food?

The Magen Avraham brings two answers, only one of which the Mishnah Berurah accepts.The Magen Avraham’s first answer is that when it comes to food, the item in question is a new item. When one makes a bracha on food, we have learned that the bracha takes effect on the first bite, and then extends to other bites in that eating session. When one effects a shinui makom, they end their session. Therefore, the bracha can no longer extend to new foods or bite. However, the bracha on smell takes effect on the item (similar to food), and you return to the same item again the next time even with a shinui makom, so no new bracha is necessary.

The second answer, which the Mishnah Berurah brings as well, is that eating requires an action, while smell comes to a person without doing anything. However, this answer will only apply to a situation such as a perfumery, where the smell wafts towards one without picking up the item, and one can make a bracha on that alone. If one has to pick up the item in order to make a bracha on it’s smell, it would require a new bracha, because an action needed to be done. Since the Mishnah Berurah only brings the second answer, we pasken accordingly, and make a new bracha on an item which requires an action to make a bracha on it’s smell,  i.e. some of the cases mentioned in earlier shiurim

We will clarify more of these points in the upcoming shiurim, be’ezras Hashem. 

Summary

  • If one makes a bracha on smell, the bracha will extend for as long as they remain in that makom. 
  • If one leaves and effects a hesech hadaas on the smell, or did not have any particular intent but remained away for a long time, or went into a different store, they require a new bracha.
    • If one leaves but does not fulfil any of these requirements, their bracha extends, provided that the smell wafts toward the person by itself and without any action when they return.

 We are continuing in siman 10. The Chayei Adam now discusses the halacha of one who walks into a perfume store. The primary function of the items in the store are as merchandise, not for smell, so we would have thought that one does not make a bracha on them, as we learned yesterday (shiur 1184). However, the Chayei Adam will conclude in the next siman that one does make a bracha, because the store owner’s goal is that customers enjoy the smell in order to be enticed to buy the perfumes. Although the store owner may ultimately be using the perfumes for profit, since he wishes that the customers enjoy the smell, the perfumes are considered as functioning primarily for the purpose of smell. One makes a bracha even if they do not pick up the perfume but the smell wafts toward them when they enter.

Perfumes sitting in storage do not function for smell, but only for business purposes, so one does not make a bracha if they go to the storage area of the store. It appears from the words of the Chayei Adam that no bracha is made even if one were to pick up a perfume for the purpose of smell, since they cannot override the function determined by the store owner. 

In siman 11, the Chayei Adam writes that if one enters a perfumery or optic (a pharmacy of sorts which also made good smelling items), if they have intention to smell the good smells when they walk in, they make a bracha. As we learned above, although the items in the store function for business, the store owner wants the customers to enjoy the smells (albeit as a means to profit, but to enjoy nonetheless), so a bracha is made on the smell, even without picking up any particular item, as we learned above.

If one walks into the store without intent to smell, they do not make a bracha. 

Summary

  • One only makes the bracha of smell on an item which primarily functions for smell. 
    • However, one does make a bracha on an item which functions for business purposes, since the owner wants prospective consumers to enjoy the smell.
      • One will make a bracha even if they do not pick up the item but the smell simply reaches them.
    • Items which are sitting in storage in a business, although the owner may eventually wish for them to be sold, are considered functioning only for business purposes, and one does not make a bracha on them.

 We are continuing in siman 10. The Chayei Adam discusses the possibility of making a bracha on the smell of fresh bread. 

If one does not pick up the bread, but the smell wafts to them, one does not make a bracha, because at that moment the primary function of the bread can be assumed as being for eating. If the bread is picked up to eat, we have learned (shiur 1173) that there is no bracha made on the smell. If one picks it up for both purposes, or solely for the purpose of smelling, according to the Mishnah Berurah, the action of picking up the bread creates deliberate intent that the function of the bread is now for smelling. In such a case, one could argue that the bread function of the bread is to smell it, and a bracha should be recited.

However, we have no source from the Gemara for such a bracha. Additionally, the Shulchan Aruch brings an opinion that the smell of bread is not considered a reiach choshuv. Therefore, the Rema writes that one should avoid picking up bread solely for the purpose of smelling it.

Similarly, one should avoid smelling an esrog when they are using it for a mitzvah, as we have learned previously (shiur 1183). It appears to have been a common practice in previous generations that people who were not as knowledgeable would smell their esrog as a part of their procedure when fulfilling the mitzvah, so the Chayei Adam makes it clear that one should avoid doing so. However, as we have learned (shiur 1183), if one wishes to smell their esrog after they have fulfilled the mitzvah, the Mishnah Berurah is of the opinion that one may do so. 

The Chayei Adam continues discussing the halacha that one only makes the bracha of smell on an item which primarily functions for smell. He writes that spices which were placed in bathrooms and other places to mask bad smells do not function for smell, but rather as a mask, so one does not make a bracha on them. Similarly, they would burn incense under clothing to give them a good smell. Since the purpose of the incense is to put a good smell in the clothing, and not to be enjoyed for its own sake, one does not make a bracha on it. If one smells the clothing, they do not make a bracha either, because it is a reiach she’ein bo ikar (shiur 1179 and 1180).

Summary

  • One should avoid picking up bread solely for the purpose of smelling it, or for the dual purpose of smelling and eating it. One does not make a bracha if they do so anyway.
    • If the smell wafts towards a person without them picking it up, they may smell it and do not make a bracha.
  • One should avoid smelling an esrog over the entire Sukkos.
    • If one wishes to smell an esrog after they have used it to fulfil the mitzvah, they have what to rely on, but ideally should avoid doing so.
  • One only makes the bracha of smell on an item which primarily functions for smell. Thus, items such as spices used to mask bad smells, or incense used to give clothing a good smell, do not receive a bracha.

 We are beginning siman 10. The Chayei Adam returns to the rule he stated previously that birchos hareiach are only recited on an item whose function, or primary function, is for smelling. The bracha of hanosein reiach tov bapeiros would appear to contradict this rule, as a fruit is assumed to function primarily for eating, yet a bracha is recited on its smell. We explained that if one picks up the item for the purpose of eating, they would not make a bracha; a bracha on the smell is only recited when the fruit is picked up for the purpose of smelling. If a person picks the fruit up for both purposes, it is a machlokes. The Shulchan Aruch appears to hold that one would make a bracha on the smell, and the Chazon Ish understood that, according to the Gra, no bracha would be recited.

In light of these halachos, the Chayei Adam now discusses an esrog during Sukkos. The primary function of an esrog over Sukkos is for the mitzvah. The Shulchan Aruch brings two opinions regarding whether one makes a bracha on the smell over Sukkos. One opinion is that one can have both functions in mind, and therefore will make a bracha; the other opinion is that the mitzvah function is so significant it overrides any other function. The Mishnah Berurah points out that the Shulchan Aruch is referring to when one has picked up the esrog for the purpose of fulfilling the mitzvah. If one picks the esrog up later, after having fulfilled the mitzvah, all would agree that one would make a bracha. 

The Chayei Adam understands the question differently. He understands that the opinion which holds that the mitzvah function is so significant it overrides any other functions applies not only when one is fulfilling the mitzvah, but throughout the entire day. Therefore, throughout the entire sukkos, even when one is not attempting to fulfill the mitzvah, one does not make a bracha on an esrog. 

Due to the machlokes, one should avoid the safeik. However, the Mishnah Berurah and Chayei Adam differ on the case which one should avoid. According to the Mishnah Berurah, one should avoid thinking that they are picking up the esrog for the dual purpose of fulfilling the mitzvah and smelling it. However, if one wishes to pick up the esrog later for the purpose of smelling, they may do so.  According to the Chayei Adam, one should avoid picking up the esrog at any point during Sukkos for the purpose of smelling it, regardless of whether they are attempting to fulfil the mitzvah at the same time or not.

Due to the machlokes Mishnah Berurah and Chayei Adam, one should follow the stringent opinion of the Chayei Adam. However, if one wishes to follow the opinion of the Mishnah berurah, they have what to rely on.

Summary

  • One should avoid smelling an esrog over the entire Sukkos.
    • If one wishes to smell an esrog after they have used it to fulfil the mitzvah, they have what to rely on, but ideally should avoid doing so.
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