Are women obligated in birkat ha'ilanot?
Is birkat ha'ilanot, the blessing over budding trees that we say during Nissan, a time-bound mitzvah? If not, are women obligated?
This question was addressed to Rabbi Yitzchak Nissim (Responsa Yayin HaTov OC §43):
I was asked by the distinguished lady, notable in wisdom, Rabbanit Percha, may she live, wife of the late leader R. Suleiman David Sassoon z"l, of London.
The answer depends on the timing of the blessing, since women are generally exempt from positive time-bound commandments [1] and it must be determined whether the blessing over the trees is limited to a specific time.
The Talmud (Berachot 43a) states: “Anyone who goes out on the days of Nisan and sees trees beginning to bud…” From the phrase “days of Nisan” one might understand that the commandment is limited to a particular time, which could make it a time-bound commandment from which women are exempt.
However, many posekim explain that “days of Nisan” does not refer strictly to the month of Nisan, but to any time when the trees are budding. [2] The essence of the blessing is “to praise G-d for His kindness” at any time it occurs [3] and the Talmud mentions Nisan simply because that is when trees generally begin to bud.
Therefore, some authorities permit reciting the blessing even in Iyar, called Ziv, because trees are still budding then,[4] and it may even be advanced to Adar if there is concern that the blossoms will not remain in Nisan.[5] According to this view, the blessing is not time-bound, and women are obligated to recite it.
Rabbi Tzvi Pesach Frank further explains that even if the ideal time is Nisan, the commandment is still not truly time-bound,[6] because a commandment is only considered time-bound if the timing itself creates the obligation, as with sukkah or matzah.[7] Since the blessing depends on the trees budding rather than the calendar date, it is not time-bound, and women are therefore obligated.
Nonetheless, some authorities note that while women are obligated, they are not required to make an effort to recite the blessing unless they actually see the trees budding.[8]
Footnotes:
[1] Mishnah, Kiddushin 1:7; Kiddushin 34a.
[2] Ritva, Rosh Hashanah 11a; Rabbeinu Yerucham, Toldot Adam veChava, Netiv 13 vol. 2; HaEshkol (Auerbach), vol. 1, p. 68; Tzedeh LaDerech, first article, end of third rule; Mishnah Berurah, OC 226:1; Elya Rabbah ibid.; Chayei Adam §63:2; and various responsa including Beit HaYotzer OC 13, HeShiv Moshe OC 8; Yismach Lev OC 12; Hagahot Chatom Sofer LaShulchan Aruch OC 226, s.v. hakavanah letekufat Nisan; Sedei Chemed vol. 6 ma'arechet berachot 2; Har Tzvi OC 1:18; Betzel Hachochmah 6:36; Tzitz Eliezer vol. 2, 20:6; Yachaveh Da’at 1:1; Chut Shani, Shabbat vol. 2 kovetz inyanim, Berachot 9.
[3] Responsa Heshiv Moshe OC 8.
[4] Responsa Hitorerut Teshuvah, vol. 2; Sedei Chemed, vol. 6.
[5] Aruch HaShulchan, OC 226:1; Responsa Yayin HaTov, OC 43. See also Responsa Hilchot Ketanot 2:28 (forbidding reciting too early, before Shevat).
[6] Responsa Har Tzvi OC 1:126.
[7] This principle is applied regarding the Counting of the Omer (Ramban, Kiddushin 36b), bikkurim, and the new moon blessing, where women are obligated since the timing is not the cause of the mitzvah; see also Avnei Nezer, Divrei Yechezkel, R. Y.P. Perla, Mikrei Kodesh, and Turei Even on Megillah 22b. Similarly, for the Kiddush levanah, the blessing of the moon, women are obligated since the essential cause is the renewal of the moon, not the calendar date; see R. Shlomo Kluger, Chochmat Shlomo, OC§408:2; Responsa Alef Lecha Shlomo OC §173.
[8] Responsa Tshuvot VeHanhagot, 1:175; Responsa Be’er Sherim 5:30–31.