The Torah (Bamidbar 6:23) commands the Kohanim to bless the people of Israel. This mitzvah is known as birchat Kohanim, nesi'at kapayim (the raising of the hands) or duchaning (Yiddish for ascending the duchan, the stage from which the kohanim recite their beracha). This article will discuss the nature of the mitzvah, both from the perspective of the Kohanim and from the perspective of the non-Kohanim. Next week's issue will discuss some of the practical details of the mitzvah.

The Obligation of the Kohanim
The Gemara, Sotah 38b, states that a Kohen who does not ascend to the duchan for birchat Kohanim violates three positive commandments (based on the three directives mentioned in the verses of Birchat Kohanim). Rabbeinu Asher, Megillah 3:22 (based on the comments of the Talmud Yerushalmi, Berachot 5:4), rules that a Kohen only violates these positive commandments if he is present in the synagogue when the Kohanim are called to perform the mitzvah and he does not ascend to the duchan. However, if he is not present when the Kohanim are called, he does not violate any prohibition. Mordechai, Megillah, no. 817, adds that even if the Kohen is not formally called, but he is asked to wash his hands, his neglect to perform birchat Kohanim constitutes a violation. The rulings of Rabbeinu Asher and Mordechai are codified by Shulchan Aruch, Orach Chaim 128:2.

There are three qualifications to this ruling. First, Tosafot, Rosh HaShana 28b, s.v., states that if a Kohen already performed the mitzvah of birchat Kohanim that day, he will not violate a positive commandment for neglecting to perform the mitzvah again. This ruling is codified by Shulchan Aruch, Orach Chaim 128:3.

Second, Terumat HaDeshen 2:22, notes that technically, a Kohen who does not want to perform the mitzvah of birchat Kohanim may exit the synagogue while the Kohanim are called and then return immediately for the birchat Kohanim. However, since it will appear as if this individual is not a Kohen, it is preferable that he remain outside for the duration of birchat Kohanim. Terumat HaDeshen's ruling is codified by Shulchan Aruch, Orach Chaim 128:4.

Third, Mishna Berurah, Biur Halacha 128:4, s.v. Ainam, notes that although a Kohen may be innocent of all violations if he is not present when the Kohanim are called to ascend to the duchan, it is nevertheless improper for a kohen to avoid performing the mitzvah. He compares this mitzvah to the mitzvah of tzitzit, which also has the same quality, in that one is only obligated to perform the mitzvah if he is wearing a four-cornered garment. However, the Gemara, Menachot 41a, states that it is improper to round the corners on one's four-cornered garment and exempt oneself from the mitzvah. Therefore, Mishna Berurah notes that the aforementioned suggestions for a Kohen to avoid participation in the mitzvah only apply to a Kohen who is ill or weak.

The Role of the Non-Kohanim
The Gemara, Ketubot 24b, implies that a non-Kohen who performs the mitzvah of birchat Kohanim violates a prohibition. However, the Gemara, Shabbat 118a, cites a statement from R. Yosi that although he is not a kohen, if someone had asked him to ascend to the duchan, he would have done so. How does one resolve the apparent contradiction? Rabbeinu Yitzchak (cited in Tosafot, ad loc., s.v. Ilu) states that the only problem with R. Yosi ascending to the duchan is that he would have been reciting a blessing in vain. R. Moshe Isserles, Darchei Moshe 128:1, explains that the prohibition against a non-kohen performing the mitzvah of birchat Kohanim only applies if the non-Kohen performs the mitzvah without any other Kohen. R. Yosi would only ascend to the duchan with other Kohanim. R. Isserles (Rama), in his glosses to Shulchan Aruch, Orach Chaim 128:1, concludes that non-Kohanim should not perform birchat Kohanim even if he does so with other Kohanim.

Some Acharonim present different answers to this apparent contradiction. Magen Avraham 128:1, suggests that it is in fact prohibited for a non-kohen to perform the mitzvah of birchat Kohanim. According to this understanding, R. Yosi would have ascended to the duchan and stood with the kohanim, but he would not have actually performed the mitzvah of birchat Kohanim. R. Yoel Sirkes, Bach, Orach Chaim no. 128, suggests that the prohibition for a non-kohen to perform the mitzvah of birchat kohanim only applies if he does so with his hands raised (nesi'at kapayim). R. Yosi would have ascended to the duchan and recited the blessings without raising his hands. R. Yosef Sofer, Kaf HaChaim 128:8, suggests that the prohibition for a non-kohen to perform the mitzvah of birchat Kohanim only applies if the non-kohen intends to fulfill the mitzvah of birchat kohanim. However, a non-kohen is permitted to bless others using the text of birchat Kohanim. R. Sofer explains that R. Yosi would have ascended to the duchan and recited the text of birchat Kohanim without having intent to fulfill the mitzvah. The only problem he would have encountered would have been the recitation of the beracha.

Many have the custom of blessing a child or other people on various occasions using the text of birchat Kohanim. Does this practice constitute a violation of a non-Kohen performing the mitzvah of birchat Kohanim? R. Baruch HaLevi Epstein (Torah Temimah, Bamidbar 6:131 and Tosefet Beracha, Bamidbar 6:23) records that when R. Yechezkel Landa (the famed Noda B'Yehuda) got married, the Vilna Gaon blessed R. Landa with the text of birchat Kohanim, but only placed one hand on his head. R. Epstein (Tosefet Beracha) explains that the Vilna Gaon was concerned that using two hands would constitute a violation of a non-Kohen performing the mitzvah of birchat Kohanim. Mishna Berurah, Biur Halacha 128:1, s.v. D'Zar, also notes the problem with this practice, and presents two possible justifications. First, we rely on the opinion of Bach that the prohibition only applies if one raises his hands. Second, the prohibition only applies if one has intent to fulfill the mitzvah (Mishna Berurah came up with this idea independent of Kaf HaChaim). [See also, R. Ovadia Yosef, Yechaveh Da'at 5:14, for a lengthier discussion of this topic.]

R. Pinchas HaLevi Hurwitz, Hafla'ah, Ketubot 24b, presents a novel approach to the role of non-Kohanim in the mitzvah of birchat Kohanim. This approach also resolves the apparent contradiction raised by R. Yosi’s statement, but in a manner opposite of the approach of Rama. R. Hurwitz suggests that just as there is an obligation on the Kohanim to recite the beracha, there is an obligation on the non-Kohanim to receive the beracha. There is no prohibition per se for a non-Kohen to perform the mitzvah of birchat Kohanim. However, if the non-kohen ascends to the duchan, he actively neglects his obligation to stand face-to-face with the Kohanim in order to receive the beracha. Nevertheless, this prohibition only applies if there are Kohanim present to perform birchat Kohanim. If there are no Kohanim present, there is no prohibition for a non-Kohen to ascend to the duchan, so long as he does not recite the beracha prior to the birchat Kohanim. According to this understanding, R. Yosi was willing to ascend to the duchan if there were no Kohanim present.

The Frequency of the Obligation
Rambam, Introduction to Hilchot Tefillah U'Nesiat Kapayim, states that Kohanim are required to perform the mitzvah of birchat Kohanim on a daily basis. Maharil, Teshuvot Maharil HaChadashot, no. 22, justifies the practice of those communities that don't perform birchat Kohanim on a daily basis. He explains that the Kohanim accepted upon themselves the practice of immersing in a mikveh prior to performing the mitzvah. Since it is too difficult to immerse daily, the Kohanim only recite birchat Kohanim on certain special occasions. Beit Yosef, Orach Chaim no. 128, questions Maharil's justification. The custom to immerse prior to birchat Kohanim is only a minhag and it should not undermine the daily obligation to perform birchat Kohanim. This prompts Rama, Orach Chaim 128:45, to provide an alternate justification for this practice (some of which is found in Maharil's responsum). Rama suggests that the reason why Kohanim don't perform the mitzvah of birchat Kohanim on a daily basis is that the mitzvah requires one to be in a state of simcha (happiness). This is only achieved on Yom Tov and therefore, common Ashkenazic practice is to only perform birchat Kohanim on Yom Tov. Many Sefardic communities follow the opinion of Beit Yosef that there is a daily obligation.