1. What bracha one recites on its fruit.

2. What bracha one recites on its fragrance.

3. Whether the prohibition of orlah applies to its fruit.

4. How severe is the prohibition to destroy it (ba’al tashchis).

5. There are several agricultural halachos concerning kilayim, shmittah, and ma’aser, all of which are relevant only in Eretz Yisroel.

What does this have anything to do with the impending beginning of Elul and the papaya tree? Stay tuned and find out.

The Gemara mentions that a tree that takes root thirty days before Rosh Hashanah is halachically considered to complete its first year and begin its second year on Rosh Hashanah. This has major ramifications for determining which fruit are no longer prohibited as orlah, but more so, can actually be a factor as to whether certain crops are permitted or not. As we will soon see, the question germane to papaya is because most papaya fruit often grows before the tree is three years old, which may create a problem whether one may eat the papaya fruit. As we will soon see, although this problem is more serious in Eretz Yisroel, the question also exists germane to papaya that grows elsewhere.

What is a Tree?

Although it is obvious that an oak tree is not a vegetable, the status of many species of Hashem’s botanical wonders is questionable: are they trees or are they not? The Random House dictionary I have on my desk defines a tree as, “a plant having a permanently woody main stem or trunk, ordinarily growing to a considerable height, and usually developing branches at some distance from the ground.” If we exclude the two qualifiers, “ordinarily” and “usually,” then this definition does not consider a grape vine to be a tree since it lacks height if not supported and does not develop branches some distance from the ground. Since we know that halacha considers grapes to be fruits of the tree, this definition will not suffice. On the other hand, if we broaden the definition of “tree” to include all plants that have a “permanently woody stem or trunk” we will not only include grape vines, but also probably include eggplant, pineapple, and lavender, all of which have woody stems. On the other hand, several plants, such as the date palm and papaya, fit the Random House definition as a tree and yet grow very differently from typical trees. Are all of these plants trees?

For halachic purposes, a better working definition is that a tree is a woody perennial plant that possesses a stem that remains from year to year and produces fruit. This definition is also not without its difficulties. In a different article, I discussed the status of eggplant, several varieties of berry including raspberry and cranberry, and several fragrant plants and flowers, which may or may not qualify as trees, depending on our definition. There are many times that we treat a plant "lechumrah" as a tree regarding the very stringent laws of orlah, although we will not treat it as a tree regarding many or all of the other halachos mentioned. In that article, I noted that the following characteristics might be qualifying factors in providing the halachic definition of a tree:

(a) Is the species capable of producing fruit within its first year (after planting from seed)?

(b) Does the fruit production of the species begin to deteriorate the year after it begins producing?

(c) Does the species produce fruit from shoots that will never again produce fruit?

(d) Is its physical appearance markedly different from a typical tree?

(e) Many poskim contend that the prohibition of orlah does not apply to a tree that produces fruit for three years or less.

We should also note that poskim dispute whether the definition of a tree for the purposes of the bracha “borei atzei besamim” is the same as the definition for the bracha of “borei pri ha’eitz” and for the halachos of orlah, shmittah, ma’aser, and kilayim.

Is papaya a tree?

A papaya may grow ten feet tall or more, but it bears closer similarity in many ways to being a very tall stalk since its stem is completely hollow on the inside and it does not usually produce branches. Its leaves and fruits grow directly on the top of the main stem, and it usually produces fruit during the first year, unlike most trees.

Commercially, the grower usually uproots the plant after four to five years of production, although the papaya can survive longer, and in some places it is standard to cut it down and replant it after three years.

With this introduction, we can now begin to discuss whether papaya is a tree fruit and its proper bracha borei pri ha’eitz, or whether is it is considered a large plant on which we recite ha’adamah as we do for banana. A more serious question is whether the prohibition of orlah applies to papaya. If it does, this could create an intriguing problem, since it may be that there are plantations, or even countries, where the entire papaya crop grows within three years and may be prohibited as orlah.

Commercial and Halachic History of Papaya

The Spaniards discovered papaya in Mexico and Central America, from there it was transported to the Old World. The earliest halachic reference to it that I am aware of is a shaylah sent from India to the Rav Pe’alim (Vol. 2, Orach Chayim #30), author of the Ben Ish Chai, asking which bracha to recite on its fruit.

The Rav Pe’alim discusses what the appropriate bracha on papaya is. He begins by comparing papaya to the eggplant. Based on four factors, Rav Pe’alim rules that papaya is not a tree and that the appropriate bracha is ha’adamah. These factors are:

1. The part of the stem that produces fruit never produces again. Instead, the fruit grows off the newer growth higher on the plant. Initially, I did not understand what the Rav Pe’alim meant with this, since there are many trees, such as dates, which produce only on their new growth, not on the old. Thus, this does not seem to be a feature that defines a tree. After further study, I realized that the difference is that papaya produces fruit only on top of the “tree,” and it looks atypical, not resembling other trees, whereas with dates, although the fruit grows on the new growth high up on the tree, it does not grow on the top of the tree, but from branches on the new growth.

2. The stem of the papaya is hollow, which is not characteristic of trees. (Rav Moshe Shternbuch, in his teshuvah on whether papaya is included in the prohibition of orlah, describes papaya as a tall stalk. See Shu’t Teshuvos VeHanhagos 3:333).

3. The fruit grows directly on the trunk and not on the branches.

4. The papaya produces fruit within its first year.

In a follow-up letter, a correspondent wrote that the custom among Jews in India is to recite ha’eitz before eating the papaya’s fruit. Rav Pe’alim responded that he does not consider this custom to be a halachic opinion, since the community lacked Talmidei Chachomim to paskin shaylos. He points out that if the papaya is a tree, then we must prohibit its fruit as orlah since the grower usually cuts it down before its fourth year.

Among contemporary poskim, some follow the ruling of the Rav Pe’alim that papaya is exempt from orlah and its bracha is ha’adamah (Shu’t Yechaveh Daas 4:52), whereas most rule that papaya does have orlah concerns (Shu’t Shevat Halevi 6:165; Mishpetei Aretz, page 27, quoting Rav Elyashiv; Teshuvos VeHanhagos). One should note that Rav Ovadyah Yosef, who rules that papaya is exempt from any orlah concerns, also rules that passionfruit, called pasiflora in Hebrew, is also exempt from the prohibition of orlah since it produces fruit in its first year. Most other authorities do not accept this approach.

Papaya outside Eretz Yisrael

There should be a difference in halacha between papaya growing in Eretz Yisroel and that growing in chutz la’aretz. Whereas the prohibition of orlah exists both in Eretz Yisroel and in chutz la’aretz, questionable orlah fruit is prohibited if it grew in Eretz Yisroel but permitted if it grew in chutz la’aretz. This is because the mitzvah of orlah has a very unusual halachic status. There is a halacha leMoshe meSinai that prohibits orlah fruit outside of Eretz Yisroel, but only when we are certain that the fruit is orlah. When we are uncertain whether the fruit is orlah, the halacha leMoshe meSinai permits this fruit.

Based on the above, one should be able to permit papaya growing outside Eretz Yisroel either because (1) there is the possibility that this particular fruit grew after the orlah years had passed or (2) that perhaps papaya is not considered a tree for one of the reasons mentioned by the Rav Pe’alim.

There are two important differences in halacha between these two reasons. The first is whether the bracha on papaya is ha’eitz or ha’adamah. The Rav Pe’alim ruled that it is not a tree fruit and therefore its bracha is ha’adamah. According to the first approach, it may indeed be ha’eitz and still be permitted, since it is only safek orlah.

Here is another difference in halacha between the two reasons.

Papain

Papain is a highly popular enzyme extracted from the papaya. In the early twentieth century, Belgian colonists in the Congo noticed that the local population wrapped meat in papaya leaves. The colonists discovered that the papaya leaves preserved the meat and also tenderized it. Laboratory analysis discovered an enzyme, now called papain, as the agent of the process. This spawned a new industry producing and selling papain from papaya plantations around the world.  New applications were discovered, and papain is now also used in the production of beer, biscuits, and is very commonly used as a digestive aid.

If papain were still produced from leaves there would be no orlah issue, since orlah applies only to the fruit of a plant. Unfortunately, today’s papain is extracted not from the leaf, but from the peel of the papaya. If a fruit is prohibited as orlah, its peel is also prohibited.

In actuality, there is a more serious problem of orlah in papain than in eating the papaya fruit itself. Papain is collected by scratching the peel of the growing fruit, which causes a liquid containing the papain to exude from the peel, without harming the fruit. A bib is tied around the middle of a papaya tree, which catches all the papain from that particular tree. The papain is collected and sent to a plant where all the papain harvested is blended. The process can be repeated many times before the fruit is ripe for picking. Thus, the papain is a second crop.

However, this method of harvesting the papain creates a halachic complexity not encountered with the papaya fruit. Since safek orlah is permitted in chutz la’aretz, if we are uncertain as to whether a particular tree growing is within its orlah years, we may eat the fruit because of the halacha leMoshe meSinai that safek orlah is permitted. Therefore, even if we consider papaya a tree, the fruit grown outside Eretz Yisroel is permitted if there is a possibility that it is not orlah.  The papain, however, would be prohibited because the papain used is a mixture of extracts of all the fruit. If indeed this particular grove contained some trees that are orlah, then the mixture is permitted only if there are 200 parts of non-orlah fruit to one part orlah, which in essence prohibits all the papain.

The above is true if we assume that the papaya is a tree subject to the laws of orlah. However, if we assume that the different reasons suggested are enough bases to rule that it is questionable whether papaya is subject to the laws of orlah, then we may permit papaya from trees that grow outside Eretz Yisrael even when we are certain that the tree is less than three years old. The latter reason would permit papain that originates in chutz la’aretz.

Here are some curious questions about this bracha that we need to resolve:

1.  Do we recite this bracha on a food that is not a fruit?

2. Assuming that we recite this bracha on any food, do we recite this bracha on a seasoning that is not eaten by itself, such as cinnamon or oregano?

3. If I am eating a fragrant fruit, do I recite a bracha when I smell it while I am eating it?

4. Do I recite this bracha when smelling a delicious cup of coffee or a freshly-baked pastry? After all, the coffee bean is a fruit, and the flour of the pastry is a grain, which is also halachically a fruit. As we will see, the answer to this question is not so obvious.

ORIGINS OF THE BRACHA “HANOSEIN REI’ACH TOV BA’PEIROS”

The Gemara (Berachos 43b) teaches that someone who smells an esrog or a quince should first recite Hanosein rei’ach tov ba’peiros.

Question: Why did Chazal institute a unique bracha for aromatic fruits?

Answer: Whenever one benefits from this world one must recite a bracha. Thus, Chazal instituted brachos that are appropriate for fragrances. However, all the other brachos on fragrance are not appropriate for smelling fragrant foods, since the other brachos praise Hashem for creating fragrances, whereas esrog and quince are not usually described as fragrances, but as foods that are fragrant. Therefore, Chazal established a special bracha for aromatic fruits (see Beis Yosef, Orach Chayim end of Chapter 297).

It is noteworthy that although quince is still considered a fruit for the purpose of this bracha even though it is not edible raw. More on this question later…

DO WE RECITE THIS BRACHA ON FRAGRANT FOODS THAT ARE NOT FRUITS?

This leads us to a fascinating halachic discussion with a surprising conclusion.

A BRACHA ON SMELLING BREAD?

Several early poskim contend that one should recite a bracha before smelling hot fresh bread (Beis Yosef, Orach Chayim Chapter 297, quoting Avudraham and Orchos Chayim). However, when discussing what bracha one should recite, these poskim contend that mentioning besamim (such as the brachos of Borei isvei besamim or Borei minei besamim) is inappropriate since bread is not a fragrance but a food that has a pleasant fragrance. It is also inappropriate to recite on it Hanosein rei’ach tov ba’peiros, since it is not a fruit. We therefore find some authorities who conclude that one should recite Hanosein rei’ach tov bapas, “He who bestows pleasant fragrance in bread.” Indeed, one contemporary posek rules that someone who smells fresh cookies should recite Hanosein rei’ach tov ba’ugah, “He who bestows pleasant fragrances in cake.”

However the Beis Yosef and other poskim disagree, contending that one does not recite a bracha before smelling bread or cake, pointing out that the Gemara and the early halachic sources never mention reciting a bracha before smelling bread. These poskim contend that we do not recite a bracha on smelling bread because its fragrance is not significant enough to warrant a bracha (Beis Yosef, Chapter 297).

This creates a predicament, since according to the “early poskim,” one may not smell bread without first reciting a bracha, whereas according to the Beis Yosef, reciting a bracha on its fragrance is a bracha recited in vain! The only way of resolving this predicament is by trying not to smell fresh bread, which is the conclusion reached by the Rama (216:14).

(Incidentally, the Rama’s ruling teaches a significant halacha about the rule of safek brachos li’kula, that we do not recite a bracha when in doubt. Although one may not recite a bracha when in doubt, one also may not smell a fragrance or taste a food without reciting the bracha because that would be benefiting from the world without a bracha. This halacha applies whenever someone has a doubt about reciting a bracha.)

The concept, introduced by the Beis Yosef, that one recites a bracha only on a significant fragrance is hard to define. What is considered significant? The following is an example in which poskim dispute whether a fragrance is considered significant.

WAKE UP AND SMELL THE COFFEE!

The Mishnah Berurah (216:16) rules that someone who smells fresh-roasted ground coffee should recite a bracha of Hanosein rei’ach tov ba’peiros. However, the Kaf HaChayim (216:86), one of the great Sefardic poskim, rules that it is uncertain whether the fragrance of coffee is significant enough to warrant a bracha. Thus, most Sefardim will not recite a bracha prior to smelling fresh-roasted coffee, whereas those who follow the Mishnah Berurah would recite a bracha before smelling roasted coffee beans.

As we have discussed, although some poskim (Avudraham and Orchos Chayim) limit the bracha of Hanosein rei’ach tov ba’peiros to fruits, other poskim contend that this bracha should be recited before smelling any fragrant food. This dispute influences the next discussion.

DO WE RECITE HANOSEIN REI’ACH TOV BA’PEIROS ON A FRAGRANT SEASONING?

The question here is what defines an edible fruit for the purposes of this bracha. Do we recite Hanosein rei’ach tov ba’peiros only on fruit or do we recite it on any edible item? Furthermore, is a flavoring or seasoning considered a food for the purposes of this bracha or not?

Spices that are used to flavor but are themselves never eaten, such as bay leaves, are not considered a food. For this reason, there is no requirement to separate terumos and maasros on bay leaves even if they grew in Eretz Yisroel (Tosafos Yoma 81b; Derech Emunah, Terumos 2:3:32). A seasoning that is never eaten by itself, but is eaten when it is used to flavor, such as cinnamon, oregano, or cloves is questionable whether it is considered a food, and we separate terumos and maasros without a bracha; if eaten by itself, it does not recite a bracha of borei pri ha’eitz or borei pri ha’adamah (Shulchan Aruch, Orach Chayim 202:16). What bracha do we recite before smelling a seasoning?

CINNAMON, SPICE AND EVERYTHING NICE

What bracha does one recite before smelling cinnamon?

The Tur quotes a dispute between the Rosh, who contends that the bracha is Hanosein rei’ach tov ba’peiros, and the Maharam, who contends that one should recite Borei atzei besamim. In the Rosh’s opinion, cinnamon should be treated as a food. Thus, we may assume that he contends that the bracha before smelling all spices is Hanosein rei’ach tov ba’peiros, even though they are not eaten by themselves. We can also draw a conclusion from this Rosh that we recite the bracha Hanosein rei’ach tov ba’peiros even on the bark of a tree that is eaten, such as cinnamon. Thus in his opinion, the word ba’peiros in the bracha should be translated as food rather than as fruit. (In truth, the word pri in the bracha Borei pri ha’adamah should also not be translated as fruit, since we recite it on stems, roots, and leaves when we eat celery, carrots, and lettuce.)

On the other hand, the Maharam contends that Hanosein rei’ach tov ba’peiros is inappropriate, presumably because cinnamon is usually not eaten by itself. Alternatively, the Maharam may hold that Hanosein rei’ach tov ba’peiros is inappropriate for cinnamon because it is a bark and not a fruit.

Either way, many Ashkenazi poskim rule it is a safek whether the bracha on cinnamon is Hanosein rei’ach tov ba’peiros or Borei atzei besamim and therefore one should recite borei minei besamim (Eliyah Rabbah 216:9; Mishnah Berurah 216:16). Many Sefardim recite Borei atzei besamim before smelling cinnamon (Yalkut Yosef 216:4). Everyone agrees that the bracha before smelling cinnamon leaf is Borei atzei besamim.

AND THE LEMON SMELLS SO SWEET!

But the fruit of the poor lemon is impossible to eat! Is the bracha before smelling a lemon Hanosein rei’ach tov ba’peiros because it is after all a fruit, or do we recite a different bracha since it is too bitter to eat by itself?

Some poskim rule that one should recite Hanosein rei’ach tov ba’peiros before smelling lemons (Ginas Veradim 1:42; Yalkut Yosef 216:7), whereas others contend that one should recited Borei minei besamim before smelling a lemon, treating the lemon as a safek as to whether it is considered a fruit or not (Ketzos Hashulchan 62:9 in Badei Hashulchan).

However, this latter opinion causes one to wonder why the bracha before smelling a lemon is different from the bracha before smelling an esrog? After all, the Gemara teaches that before smelling an esrog we recite Hanosein rei’ach tov ba’peiros, although an esrog is also too bitter to eat. Possibly, the esrogim in the days of Chazal were less bitter and were edible. This is implied by the Gemara (Sukkah 36b), which mentions that Rav Chanina took a bite out of his esrog, something difficult to imagine doing to a contemporary esrog.

An alternative approach is that an esrog is a fruit because it can be made edible by adding sugar. However according to this reason, a lemon should also be considered a fruit, since one can eat candied lemon, which I presume would require the bracha of Borei pri ha’eitz (Vezos Ha’beracha pg. 366). Similarly, some people eat the slice of lemon they used to season their tea, and lemon is also eaten as a pudding or pie filling. I presume that the bracha on these items when eaten alone would be Borei pri ha’eitz. The fact that lemon cannot be eaten unsweetened should not affect what bracha we recite before eating or smelling lemon just as the bracha before smelling fresh quince is Hanosein rei’ach tov ba’peiros even though it is also not edible raw.

Furthermore, we noted above that Chazal instituted the bracha Hanosein rei’ach tov ba’peiros on fragrant fruits and foods because one cannot recite a bracha on them by calling them fragrances. Few people would describe lemon as a fragrance, but as a fruit.

Because of these reasons, I believe the bracha before smelling a lemon should be Hanosein rei’ach tov ba’peiros, but I leave it for the individual to ask their rav a shaylah.

Incidentally, the correct bracha to recite before smelling citrus blossoms or flowers is Borei atzei besamim, since the flower is not edible.

As a side point, one should be very cautious about eating esrog today. Esrog is not a food crop and it is legal to spray the trees with highly toxic pesticides. Because of the rule of chamira sakanta mi’isurah (the halachos of danger are stricter than that of kashrus), I would paskin that it is prohibited to eat esrogim today unless the owner of the orchard will vouch for their safety. Thus, although Aunt Zelda may have a great recipe for making esrog jam, substitute lemon or lime instead. Incidentally, the bracha on eating lemon jam should be Borei pri ha’eitz, which is additional evidence that the bracha before smelling a lemon is Hanosein rei’ach tov ba’peiros.

There is a major shaylah in halacha whether one may smell one’s esrog and hadasim during Sukkos. I have written a separate article on this subject.

EATING AND SMELLING A FRUIT

If I am eating a fragrant fruit, do I recite a bracha before I smell it even though I am not deliberately trying to?

One does not recite the bracha on fragrance if one is picking up the fruit to eat and happens to smell it at the same time (Shulchan Aruch, Orach Chayim 216:2). However, if one intends both to smell the food and also to eat it, then it would seem to be a question of dispute whether one should recites both brachos, Borei pri ha’eitz and Hanosein Rei’ach Tov ba’peiros. This issue is dependent on a dispute between poskim whether one recites a bracha on a fragrant item that is intended to be used for another purpose. I analyzed this subject in a different article in which I discussed when one should not recite a bracha before smelling a fragrance.

WHICH BRACHA SHOULD I RECITE FIRST?

The poskim disagree as to whether one should first recite the bracha on eating the fruit because one gains a more significant benefit than from smelling it (Olas Tamid), or whether one should first recite the bracha on smelling it, since one will smell the fruit before he eats it (Eliyahu Rabbah 216:6). The Mishnah Berurah (216:10) rules that one should recite the bracha on smelling the fruit first, although he also cites another suggestion: have in mind not to benefit from the fragrance until after one has recited the bracha on eating it and has tasted the fruit. Then, recite Hanosein rei’ach tov ba’peiros and benefit from the fragrance.

Many poskim state that the custom today is to not make a bracha on smelling a fruit unless it has a pronounced aroma (see Vezos Haberacha pg. 174). For this reason some hold that one should not make a bracha when smelling an apple since apples are often not that fragrant, but one could recite a bracha when smelling guava which is usually much more aromatic. (However, note that Rambam and Mishnah Berurah [216:8] mentions reciting a bracha before smelling an apple, although it is possible that the apples they had were more fragrant than ours.)

The Gemara (Berachos 43b) teaches “How do we know that one must recite a bracha on a fragrance, because the pasuk (Tehillim 150:6) says, ‘Every neshamah praises Hashem,’ – What exists in the world that the soul benefits from, but not the body? Only fragrance.”

Although the sense of smell provides some physical pleasure, it provides no nutritional benefit. Thus, smell represents an interface of the spiritual with the physical. Similarly, we find that we are to offer korbanos as rei’ach nicho’ach, a fragrance demonstrating one’s desire to be close to Hashem. We should always utilize our abilities to smell fragrant items as a stepping stone towards greater mitzvah observance and spirituality.

The author acknowledges the tremendous assistance provided by Rabbi Shmuel Silinsky for the horticultural information used in researching this article.

This article was originally published in the American edition of Yated Neeman

Before answering this question, we need to ascertain the correct bracha for chocolate itself. Although the accepted practice is to recite Shehakol on chocolate bars and other products, the question is, why? After all, chocolate is the product of the bean from the cocoa tree. Shouldn’t its bracha be Borei pri ha’eitz? As we will see, many poskim indeed contend that the correct bracha on chocolate is ha’eitz, notwithstanding the minhag. We will also investigate whether there is a difference between the bracha on dark chocolate and white chocolate.

To resolve our question we must analyze what bracha one recites on fruit products that have undergone extensive processing, such as sugar, peanut butter, jams, jellies, apple sauce, and chocolate. We also need to understand something about the history and methods of chocolate production. Aside from being informative, we will discover that all this information impacts on halacha.

CHOCOLATE’S HISTORY

Chocolate is native to southern Mexico and Central America, where the Maya, and later the Aztec Indians cultivated the cocoa (also called the cacao) tree for hundreds and possibly thousands of years. In fact, the word chocolate originates from an Aztec word meaning “warm liquid.” In their society, the royal family drank warm unsweetened chocolate from golden goblets, and cocoa beans were used as currency. Thus, if a Jew had accompanied Hernando Cortez on his trip to the New World, he may have recited kiddush and havdalah over hot chocolate since it qualified there as chamar medinah, a beverage used to honor guests!

The Spaniards planted cocoa trees all over the tropical parts of the New World. Later industrialists developed vast plantations of cocoa trees in Africa, Indonesia, and other tropical areas.

The Native Americans drank their chocolate unsweetened, whereas the Spaniards added sugar to it. This created two industries in the New World, the cocoa industry and the sugar industry. By 5340 (1580), hot chocolate flavored with sugar and vanilla was a common Spanish drink, and from there it eventually spread to the rest of Europe.

As long as chocolate was drunk as a beverage, its bracha was certainly Shehakol, since we recite Shehakol on all beverages (except wine, of course), even if they are made from the five grains, such as beer and whiskey (see Tosafos, Berachos 38a s.v. Hai).

THE 19^th CENTURY AND CHOCOLATE

Two major 19^th century developments vastly changed the way people consumed chocolate. In 1847, an English company introduced the first solid eating chocolate. Until this time, chocolate was only drunk as a beverage.

The second development occurred in 1876 when the Swiss devised a method of adding milk to chocolate, thereby creating what we know today as milk chocolate. Prior to this invention, all chocolate was pareve. (By the way, some European manufacturers currently add animal fat to chocolate, obviously making it non-kosher.)

HOW DOES COCOA GROW?

The cocoa tree grows with large, colored fruits the size of melons or small pineapples that hang from the branches and trunk of the tree. Each huge fruit contains a sticky pulp that holds about 20-50 almond-shaped seeds that are usually called cocoa beans. The growers separate the beans from the pulp, ferment the beans for about a week, dry them in the sun, and then ship the semi-processed cocoa beans to a chocolate maker.

HOW IS CHOCOLATE MADE?

The chocolate maker roasts the beans to bring out the flavor, and then removes the shell from the bean, leaving the kernel. The kernel is ground and becomes a thick, viscous liquid called chocolate liquor. The bean turns into a liquid when it is ground because it contains over 50% fat.

Chocolate liquor contains no alcohol — that is simply the name for the ground, liquefied chocolate. Chocolate liquor is pure, bitter, unsweetened chocolate, similar to what the Aztecs drank in their time.

The chocolate maker now separates the cocoa liquor into its two main components; the fat or cocoa butter (nothing to do with the butter made from milk that we eat) and cocoa bean solids. The solids are ground into cocoa powder. The chocolate we eat consists of a mix of chocolate liquor, cocoa butter, and cocoa powder, along with several other ingredients, notably sugar and usually milk. This product is ground very finely in a machine called a “conch” to give it a smooth consistency and taste. The chocolate is then tempered, which means that it is heated slowly and then cooled slowly, to enable the chocolate to harden properly and so that the cocoa butter does not separate from the chocolate. Finally, the chocolate is flavored and shaped into the final product.

Thus before being ready to eat, chocolate has been separated, fermented, dried, roasted, shelled, ground, liquefied, separated, ground again, mixed with milk and/or cocoa butter, ground yet again in a conch, tempered, flavored and shaped.

White chocolate is made from cocoa butter, sugar, and sometimes milk. There are no cocoa solids in white chocolate and that is how in maintains its light color. Some “white chocolate” products are in reality made of vegetable oil and chocolate flavoring instead of cocoa butter.

SO WHAT BRACHA DO WE MAKE ON CHOCOLATE?

To this day, there is a dispute among poskim whether the correct bracha on chocolate is Borei pri ha’eitz or Shehakol nihyeh bidvaro. To comprehend this dispute we need to understand the halachos of fruit and vegetable products that no longer have their original consistency, such as date butter, apple sauce, jam, fruit puree, mashed potatoes, tomato paste, and peanut butter. Is the correct bracha on these items Borei pri ha’eitz (Borei pri ha’adamah in the case of some) or Shehakol nihyeh bidvaro?

The Rishonim dispute this question, many contending that even fruit that is completely pureed is still Borei pri ha’eitz, whereas a minority rule that the bracha on a fruit or vegetable that no longer has its original consistency is Shehakol.

HOW DO WE PASKIN?

The Shulchan Aruch (Orach Chayim 202:7) rules that the bracha on date butter is Ha’eitz, and this is the ruling followed by most Sefardim. Ashkenazim follow the ruling of the Rama, who contends that one should recite Shehakol because of the safek as to which opinion we should follow. In practice, Ashkenazim usually recite Borei pri ha’eitz when eating a product that has some of the consistency of the original product, as is the case of jam with recognizable fruit pieces in it or “chunky” apple sauce, but recite Shehakol before eating a completely smooth apple sauce, or a smooth jam where the fruit has completely lost its consistency (Mishnah Berurah 202:42).

However, since the reason we recite Shehakol is because it is a safek, several halachic differences result. For example, someone having a snack of apple sauce and a beverage should make sure to recite the Shehakol on the apple sauce rather than on the beverage. If one recites the Shehakol on the beverage without specifically including the apple sauce, one now has a safek whether he has fulfilled the bracha on the apple sauce. This is because according to the opinions that the bracha should be Ha’eitz, one does not fulfill the bracha by reciting Shehakol on something else.

Similarly, someone eating a fruit and apple sauce at the same time who recited Ha’eitz on the fruit should not recite Shehakol (and certainly not Ha’eitz) on the apple sauce. This is because according to the poskim who contend that apple sauce is Ha’eitz he has already fulfilled his bracha by reciting Ha’eitz on the other fruit. Instead, he should first recite Shehakol on the apple sauce and then Ha’eitz on the other fruit (Ben Ish Chai, Pinchas #16).

Some poskim are stricter, ruling that one should not eat an item that is definitely Borei pri ha’eitz together with an item that is questionably Borei pri ha’eitz, such as apple sauce. This is because there isn’t any way to fulfill reciting a bracha on both items without creating an unnecessary bracha. If one recites the bracha on the fruit first, then one has a safek as to whether he can recite a bracha on the safek item. However, if you recite the Shehakol on the safek item first, then according to the opinions that the bracha is Ha’eitz you have now recited an unnecessary bracha (Maamar Mordechai 203:3).

HOW DOES THIS DISCUSSION AFFECT CHOCOLATE?

The average person looking at a chocolate bar does not recognize the cocoa beans since the producer ground, liquefied, and reconstituted them into a solid in the process. Can one still recite Ha’eitz on the finished chocolate product or does it become Shehakol?

Many assume that the bracha on chocolate products is Shehakol based on the rulings of the Divrei Yosef and other poskim quoted by Shaarei Teshuvah (202:19). However, since all these poskim lived at the time when chocolate was only drunk, it is difficult to base any halachic conclusion on what bracha to recite before eating chocolate since we recite Shehakol on all beverages, as mentioned above.

Among the more recent poskim who discuss what bracha one should recite before eating chocolate, the two greatest poskim to discuss this issue are Rav Shlomoh Zalman Auerbach and Rav Moshe Feinstein, who reach diametrically opposite conclusions. In his Minchas Shlomoh (Vol. 1, 91:2) Rav Shlomoh Zalman suggests that one should recite Ha’eitz before eating chocolate. He compares chocolate to a case of spices ground so fine that their source is no longer identifiable. The bracha recited on these spices is whatever would have been the appropriate bracha on this spice had it been edible before grinding (that is, usually Ha’Adamah), even if the spice is mixed with sugar [and even if it is mostly sugar] (Shulchan Aruch 203:7). Let me explain this case with an example.

WHAT BRACHA DOES ONE RECITE ON CINNAMON SUGAR?

Cinnamon is the bark of a tree, and as such its bracha is Borei pri ha’adamah (we do not recite Borei pri ha’eitz since we eat the bark and not the fruit). “Cinnamon sugar” is a blend of cinnamon and sugar where the cinnamon cannot be identified by appearance, although it is clearly the more pronounced flavor. Based on the above-quoted ruling, one should recite Ha’adamah before eating cinnamon sugar.

Why are spices different from finely ground fruit and vegetables over which Ashkenazim recite Shehakol?

Since this is considered the way that one “eats” spices they do not lose their bracha even though they can no longer be identified (Mishnah Berurah 203:12).

WHAT BRACHA DO WE RECITE ON SUGAR?

As I discussed in a different article, there is a thousand-year-old dispute over whether the correct bracha one should recite before eating cane sugar is Borei pri ha’eitz, Borei pri ha’adamah, or Shehakol. The Shulchan Aruch (202:15) concludes that we recite Shehakol on sugar, however someone who recited either Borei pri ha’eitz or Borei pri ha’adamah on cane sugar should not recite a new bracha since the correct bracha is disputed (Tur, Beis Yosef, Mishnah Berurah, and Biyur Halacha ad loc.).

Originally, sugar was produced only from sugar cane. Today a large percentage of the world’s sugar crop is extracted from the sweet white root of the sugar beet. However, mass cultivation and production of sugar beets did not begin until the 19^th Century and was a result of the Napoleonic Wars. When the British blockaded Napoleon’s Europe, one of the curtailed products was cane sugar, which does not grow in Europe’s cold climate. Out of concern that his subjects might revolt over the unavailability of imported sugar, Napoleon built sugar refineries throughout Europe. He even awarded a medal for perfecting the production of white sugar from the white root of the sugar beet, which thrives in cold climates.

Although Napoleon was not worried about it, Rabbonim were concerned whether the bracha over the new type of sugar was also Shehakol, just as the bracha over cane sugar. (The two types of sugar cannot be distinguished one from the other.) The Mishnah Berurah (202:76) rules that one should recite Shehakol over beet sugar, although if someone recited Borei pri ha’adamah he should not make another bracha.

Thus we see that there is a halachic difference between spices that are ground up and cannot be identified, whose bracha remains Ha’adamah, and beet sugar, whose bracha is Shehakol. We must now analyze the difference between these two foods and to figure out where chocolate fits into the picture.

BEATING A BEET

After the sugar beets ripen, they are harvested, washed thoroughly, and then sliced into thin chips. The beets are then soaked in hot water for about an hour which extracts the sugar from the beets and creates a strong sugar solution. Chalk is added to the sugar solution which causes the non-sugar parts of the solution to clump so that they can be filtered out. The sugar solution is then evaporated to concentrate the sugar. Eventually the sugar concentration is great enough to form crystals which are then removed from the solution.

An important fact affecting our halachic discussion is that in the case of both cane and beet, the sugar is extracted, or removed, from the stem or root, rather than being simply processed.

Now our question is, do we compare chocolate to spices, which maintain their bracha even after they have been ground until they are no longer identifiable, or to sugar which we paskin loses its bracha and becomes Shehakol?

Horav Shlomoh Zalman compares chocolate to the case of ground spices that maintain their original bracha although they are no longer recognizable. (Dayan Gavriel Krausz, formerly the Av Beis Din of Manchester, devotes a lengthy essay to advocate this position in his sefer Mekor Habracha.) Apparently Rav Shlomoh Zalman felt that chocolate which is refined from the cocoa bean should not be compared to sugar which is extracted from the cane or beet.

(In my opinion, those poskim who contend that the bracha on chocolate is Borei pri ha’eitz should agree that the bracha on white chocolate is Shehakol since this product contains no cocoa solids. Cocoa butter should have the halacha of a liquid that is pressed out of a fruit whose bracha is always Shehakol.)

On the other hand, when Rav Moshe Feinstein, zt”l, (Shu’t Igros Moshe, Orach Chayim 3:31) discusses what bracha to recite before eating chocolate-covered raisins, he assumes that the bracha on chocolate is Shehakol and does not entertain the possibility that its bracha might be a safek.

In Rav Moshe’s tshuvah, he addresses the following issue: When eating a food composed of items with different brachos, we must determine which food is the more important part, the ikar, and determines the bracha of the entire food. Rav Moshe deliberates whether the chocolate or the raisin is more important in order to determine whether the bracha on chocolate-covered raisins is Ha’eitz, like the raisin, or Shehakol, like the chocolate. Rav Moshe concludes that neither the chocolate nor the raisins can be considered of secondary importance (tafeil) to the other, and therefore chocolate-covered raisins require two brachos, Ha’eitz on the raisins and Shehakol on the chocolate.

Rav Moshe then discusses which of the two brachos to recite first. Usually, one should recite the bracha of Ha’eitz before reciting Shehakol. However, Rav Moshe points out that one must eat the chocolate before reaching the raisin; thus, the bracha on the chocolate will have to be first. Rav Moshe concludes that the best thing to do is to recite Ha’eitz on a regular raisin and then Shehakol on the chocolate. (When this option does not exist, he paskins that one should recite Shehakol on the chocolate and then Ha’eitz on the raisin.)

Clearly, Rav Moshe held that chocolate is definitely Shehakol and not even questionably Ha’eitz. I conjecture that he maintained that since chocolate undergoes so many changes and processes in its preparation, one should not consider the finished product as a fruit at all. Alternatively he may have held that since chocolate is liquefied and remains a liquid for most of its processing, it retains its status of being a liquid for hilchos brachos and thus the correct bracha is Shehakol. In any instance, the almost-universal minhag is to recite Shehakol before eating chocolate. (For other reasons why chocolate should be Shehakol, see Shaarei Habracha pg. 693 and Makor Habracha pgs. 52-61.)

Other poskim disagree with Rav Moshe’s psak on chocolate-covered raisins and nuts, contending that one should recite only one bracha. Among these poskim, there are two major approaches, those that hold that the bracha is always Shehakol since they consider the chocolate to be the ikar and those who feel the bracha should be determined by whichever is greater in quantity (Vezos Haberacha pg. 97; Yalkut Yosef, Vol. 3, pg 431). I refer you to your own posek to decide what bracha you should recite before eating this delicacy.

As we mentioned above, the Aztecs considered chocolate a royal food. By studying the halachos of the berachos on this food, we elevate it to being a true royal food – since we are determining what bracha the mamleches cohanim vigoy kodosh, the holy nation that is a kingdom of priests recites on this food.

Question #1: My neighbor has a wonderfully fragrant garden. Do I recite a bracha whenever I visit her and walk through the garden, and if so, which bracha?

Question #2: On my way to work I pass a spice factory that has a wonderful aroma. Do I recite a bracha every day as I drive by?

Question #3: Someone told me not to recite a bracha on regular perfume today because it is synthetic. Is this true?

Question #4: I just adore the smell of turpentine! Do I make a bracha when I smell it?

In general one should not benefit from a pleasant aroma without first reciting a bracha. Nevertheless, not all fragrances require a bracha before we smell them. Furthermore, when a bracha is not required, it is forbidden to recite one.

Fragrances upon which one may not recite a bracha fall under three general categories:

I. Forbidden fragrances

II. Fragrances whose purpose is not for pleasurable smelling.

III. Fragrances whose source no longer exists. This would include a case where you put the fragrance into a closed bag, but can still smell the residual aroma in the air outside the bag (Biyur Halacha 217:3), or when you enjoy the smell of an empty besamim box.

I. FORBIDDEN FRAGRANCES

One does not recite a bracha on a fragrance that it is forbidden to smell, such as a scent used in idol worship, or sorcery, or the perfume of an ervah (Rambam, Hilchos Berachos 9:7, based on Gemara Berachos 53a). Smelling something used for idol worship is prohibited because one may not have any benefit from idols. Since we are not permitted to smell these fragrances, it is understood why Chazal ruled that one should not make a bracha on them.

One does not recite a bracha before smelling these prohibited fragrances even if a small amount is mixed into a potpourri of other fragrances (Biyur Halacha 217:8; cf. Gra ad loc. who implies that if most of the fragrance is from a different source, one should recite a bracha before smelling it. However this is very strange, because the Torah forbids smelling the entire fragrance whenever the prohibited source is discernable.)

WHAT SHOULD I DO IF I PASS AN IDOL AND SMELL INCENSE?

Although this is unusual in America, there are many places in the world where this is a common shaylah. May I walk down this street if I might smell a forbidden fragrance?

According to halacha, I am permitted to walk down the street provided I try not to appreciate the fragrance. The Gemara discusses a category called Hana’ah haba’ah lo le’adam baal korcho, “benefit that a person receives against his will.” Although a person has control over what he eats, he has more limited control over what he smells or hears. If someone is exposed to a pleasurable fragrance that is forbidden according to halacha, there is no violation involved provided he does not try to enjoy the aroma (Gemara Pesachim 25b).

II. FRAGRANCES WHOSE PURPOSE IS NOT TO PROVIDE THE PLEASURE OF SMELLING

“One does not make a bracha on a fragrance unless it was made for the pleasure of smelling,” (Shulchan Aruch, Orach Chayim 217:2). One only recites a bracha on a fragrance that is avida lireicha, literally, “made for fragrance.” In the words of the Chazon Ish (Orach Chayim 35:1), “Anything that it not specifically meant to smell, is not considered a fragrance.” Thus the definition of the word besamim is something made to provide pleasurable scent and does not include aromas not meant for smelling.

There are several headings of aromatic fragrances that are not for the pleasure of smelling. They include:

A. Deodorizing fragrances

B. Fragrances whose current purpose is not for their aroma.

C. Fragrances whose purpose is to provide aroma to something else.

D. Items that most people do not consider fragrances.

IIA. DEODORIZING FRAGRANCES

One does not recite a bracha before smelling a fragrance whose purpose is to neutralize a bad odor, such as a room deodorizer, deodorant, or oil rubbed on the skin to dispel malodor (Gemara Berachos 53a). Even though these items may be highly aromatic, since their purpose is not for enjoyment but to neutralize an unpleasant odor, we do not recite a bracha.

One does not recite a bracha before smelling a room deodorizer even if he enjoys the aroma and even if he sprayed it in a room without a bad odor or brings it to his nose for a pleasant whiff. Since the deodorizer was made expressly to dispel malodor and not for enjoyment, it is not considered besamim even if the individual enjoys smelling the deodorizer (Shaar Hatziyun 217:16, based on Shulchan Aruch, Orach Chayim 297:2).

USING OILS AS A DEODORIZER

Some people use pleasant-smelling essential oils to combat malodors. Does one make a bracha before smelling these fragrances?

It depends on why one is smelling them. If they are functioning as deodorants, then one does not recite a bracha, whereas someone who uses the oil with the intent of enjoying its aroma does recite the appropriate bracha before smelling it (Gemara Berachos 53a with Rashi). (See my other articles on this subject to know which bracha one recites.)

WHAT DETERMINES WHETHER A FRAGRANCE IS BESAMIM OR A DEODORIZER?

Some items are obviously deodorants or deodorizers and are not besamim. However, the essential oils we mentioned and other fragrances may sometimes be used to deodorize and sometimes for pleasure. What determines whether this particular fragrance is besamim over which we recite a bracha or not?

The Chazon Ish (Orach Chayim 35:2) explains that the determining factor is why you brought the fragrance to this location. If you brought it for pleasure, then it is besamim and you recite a bracha. If you brought the fragrance to neutralize an odor, then you do not recite a bracha even if you smell it for pleasure.

However, if you removed some of the fragrance permanently to use it for its aroma, this part becomes besamim and you should recite a bracha on it. The Chazon Ish uses the example of someone who applies fragrant oil to his or her skin. Even if the person originally used the oil to deodorize, if he subsequently sprinkled some onto a handkerchief simply in order to enjoy the aroma, then he recites a bracha on the sprinkled oil.

IIB. INCIDENTAL TO PURPOSE

We learned above that one does not recite a bracha before smelling a fragrance whose current purpose is not for its aroma. What does this mean?

Imagine yourself outside the production facility of the world’s largest manufacturer of flavors and fragrances. The aroma outside this plant is indescribable — I can tell you because I have been there. Yet the halacha is that one does not recite a bracha on this fragrance. Why not?

The halacha is that someone who enters a spice merchant’s store recites a bracha because the owner wants customers to smell his wares so that they will make a purchase (Gemara Berachos 53a). If these items are in his warehouse where he is not soliciting customers, one does not make a bracha (Magen Avraham 217:1).

Why do you recite a bracha on the spices in his store but not those that are in his warehouse? Because the fragrances in the store are there to be smelled and enjoyed; the ones in the warehouse are not. Thus, the fragrances in the warehouse are not avida lireicha and are not besamim.

Thus, smelling the most fantastic aroma in the world from the production facility of the world’s largest manufacturer of pleasant flavors and fragrances does not warrant a bracha. These fragrances do not qualify as besamim since they are not there for people to enjoy their aroma.

[JRR1] [JRR2] [JRR3] THE SPICE MERCHANT HIMSELF

Does the spice seller himself recite a bracha upon entering his own shop? He does not enter intending to smell fragrant spices in order to decide what to buy. He enters because it is his livelihood. Can a fragrance be avida lireicha for one person but not for another?

Poskim dispute this question, many ruling that the merchant should recite a bracha since the fragrance has the status of avida lireicha. Others contend that for the merchant these fragrances are sales merchandise and not avida lireicha and therefore he should not recite a bracha (Mishnah Berurah 217:4; Shaar Hatziyun 217:7).

Other poskim present a different reason why the merchant should not recite a bracha on the fragrance. The Taz (217:1) contends that one recites a bracha over a fragrance only if one demonstrates that he wants to smell it, such as by picking up the fragrance and raising it to his nose. The customer who enters the shop recites a bracha because he walked into the shop intending to smell and purchase fragrances – thus, his entry is itself demonstration that he wants to smell the spices, and therefore he recites a bracha. However, the owner’s entry does not demonstrate intent to smell the product. According to this opinion, someone who makes a delivery to a perfumery would not recite a bracha.

On the other hand, most poskim contend that once a fragrance qualifies as avida lireicha, one recites a bracha over it even if one is not specifically trying to smell it (Pri Megadim MZ 217:1; Shaar Hatziyun 217:4). Thus, the poskim dispute whether the merchant himself recites a bracha. Later in the article we will suggest an approach whereby he can avoid a safek bracha completely.

The same dispute also applies to the neighbors of the perfumery, its workers, and people making deliveries to the shop. According to the Taz’s opinion, only the customers recite a bracha on the magnificent fragrance of the shop since they come to smell and purchase. Also, if you entered the store to enjoy the fragrance, you recite a bracha according to all opinions.

PUTTING INTO YOUR HAND

Let’s assume you are back in the spice merchant’s warehouse or in the flavor factory and you know that you do not make a bracha on the incredible fragrance that is wafting through the air. What happens if you approach some of the spices to take a pleasant whiff or you lift some of the fragrance in order to smell it? Do you recite a bracha?

The poskim dispute what to do in this case. The Mishnah Berurah (217:1) contends that whenever you do something to smell the fragrance, such as you move towards the fragrance or you pick it up or you put some into your hand, you should recite a bracha. Any act makes the fragrance avida lireicha.

However the Chazon Ish disagrees, maintaining that if you will return the fragrance it is not avida lireicha and you do not make a bracha (Chazon Ish, Orach Chayim 35:1). The Chazon Ish agrees that if the manufacturer has samples available because he wants people to smell and buy, then one does recite a bracha.

SPICES IN THE KITCHEN

There is a common practical difference in halacha between the approaches of these two Gedolim regarding spices in the kitchen. Suppose you want to enjoy the smell of the cinnamon or the oregano on your kitchen shelf. According to the Mishnah Berurah, if you remove a container to smell it, then you recite a bracha on the spice even though you intend to return the spice to the shelf after smelling it. However according to the Chazon Ish, you do not recite a bracha on this fragrance unless you do not intend to cook with it later. (See Shmiras Shabbos K’Hilchasah, Vol. 2, Pg. 262). Someone who wants to avoid the dispute would sprinkle a little bit of spice into his hand and make a bracha on that. Since you are not going to use this spice for cooking, it is besamim and one recites a bracha before smelling it.

Some poskim explain that this opinion of the Chazon Ish is the reason for the widespread minhag to set aside special besamim for havdalah on Motzei Shabbos (Shmiras Shabbos K’Hilchasah, Vol. 2 pg. 262). Why do people do this? Couldn’t you just use a fragrant kitchen spice for the bracha?

However according to the Chazon Ish, one does not recite a bracha on a kitchen spice if one intends to cook with it. Only if one removed some of the spice from kitchen use and set it aside for besamim does that spice warrant a bracha.

THE GARDEN

At the beginning of the article I asked, “My neighbor has a wonderfully fragrant garden. Do I recite a bracha whenever I visit her, and if so, which bracha?” We are now prepared to answer this question.

The fragrant garden itself is avida lireicha since the owner or gardener presumably planted it wanting to benefit from the beautiful aroma. Do we therefore recite a bracha upon entering the garden? According to most poskim, one would recite the bracha upon entering the garden even if he is not entering the garden to enjoy the aroma at all, since it is avida lireicha. The bracha will depend on what is growing in the garden, but assuming that there are items growing with different brachos, one should recite Borei Minei Besamim.

However according to the Taz, one recites a bracha only if he wants to smell the fragrance. In order to avoid this shaylah, one should have in mind before entering the garden that one is entering the garden to enjoy the fragrance and recite a bracha immediately before entering the garden, just as one recites a bracha immediately before eating a delicious fruit.

Similarly, someone whose house is permeated with aromatic flowers should recite a bracha before entering the house since the flowers were acquired with the intention of making the house pleasantly fragrant. However, if the flowers are there only for beauty and their owner was not concerned with their fragrance, then one does not recite a bracha before entering the house. According to the Mishnah Berurah we quoted above, one should recite the appropriate bracha (either Borei Atzei Besamim or Borei Isvei Besamim) before smelling an individual flower. According to the Chazon Ish, it would seem that one should not recite a bracha unless he removed a leaf or trimming from the flowers that he wants to smell.

THE FRUIT MARKET AND THE CONFECTIONER

Does one recite a bracha when entering a fragrant fruit market, since smelling the delicious fruit may entice one to make a purchase? The same question applies to a confectionary store – Does one recite a bracha before entering this store since the delicious smell of all the sweets may entice the customer to purchase?

If indeed the owner feels that the fragrance of his wares encourages people to buy them, then one should recite a bracha before entering. This case is similar to an interesting dispute that we find in earlier poskim.

THE PHARMACY

In earlier days, a pharmacy was a store in which the apothecary sold raw herbs for their medicinal value. The poskim ask whether one recites a bracha before entering the apothecary shop just as the Gemara says that one recites a bracha before entering the besamim seller’s store.

Some poskim rule that one should recite a bracha before entering a pharmacy because the permeating fragrance encourages people to purchase herbs. Other poskim disagree for an interesting reason — people do not purchase medicinal herbs because of fragrance, but for medical need (see Biyur Halacha 217:1). Thus, since healthy people do not make purchases even if the herbs smell pleasant, and sick people will buy even if the herbs are not fragrant, no one is deciding to buy because of the fragrance. Therefore, these herbs are not avida lireicha.

The Mishnah Berurah (Biyur Halacha 217:1) makes a compromise between the two positions quoted above. In his opinion, if people use the fragrance to find the location of the store, that is reason enough to make a bracha. However, he points out two other reasons why one should be careful before reciting a bracha.

1. That according to the Taz (mentioned above) one does not recite a bracha unless one intends to smell the fragrance.

2. One should recite a bracha only if the fragrances are open. However, if the herbs are all closed in bags, but the air is fragrant from the previously opened bags, this is considered a rei’ach she’ayn lo ikar, upon which one does not recite a bracha.

Thus upon entering a fragrant fruit store, one should recite Hanosein Rei’ach Tov Ba’peiros and then intend to enjoy the fragrance, since the fruits are always out in the open to encourage people to buy them.

It is uncertain whether the same halacha applies to a florist’s shop. Flowers today are not cultivated for fragrance, and most people purchase flowers because of beauty, not fragrance. However, if there is a florist who feels that customers purchase because of fragrance, one should recite Borei Minei Besamim and enjoy the fragrance.

IIC. Fragrances whose purpose is to provide aroma to something else.

In the time of Chazal, it was common to burn incense in order to give clothing or dishes a pleasant fragrance. The Gemara (Berachos 53a) mentions that one does not recite a bracha when smelling this beautiful aroma because its purpose is not for the fragrance itself.

When showing a house for sale, some people toast cinnamon in the oven or open essential oils and other fragrances around the house to make the house more appealing. Since the purpose of these fragrances is to give the house a pleasant aroma and not to entice people either to smell or to purchase the fragrance, one does not recite a bracha.

IID Items that most people do not consider fragrances.

There are items that some people enjoy smelling, but most people do not consider fragrant. One should not recite a bracha before smelling such an item.

Examples: The poskim dispute whether one recites a bracha on freshly baked bread. Those who contend that one does not recite this bracha is because they feel that this is not a significant fragrance to warrant a bracha (Beis Yosef 216; Rama). Thus, some people enjoy smelling certain plants or herbs whereas other people do not. If most people do not consider a particular smell to be a fragrance, you should not recite a bracha even if you enjoy it.

TURPENTINE

Question #4 above, a shaylah someone recently asked me, was: “I just adore the smell of turpentine! Do I make a bracha when I smell it?”

Dear reader, how would you answer this shaylah?

Perfumeries do not sell turpentine as a fragrance. Hardware stores sell it as a solvent and paint thinner. Many people consider the odor of turpentine pungent and not fragrant. Since most people do not consider turpentine to be a fragrance, one should not recite a bracha before smelling it.

III Ayn lo ikar – A fragrance whose source no longer exists.

In the case mentioned above where one burns incense to impart aroma onto clothing or pots, one does not recite a bracha on the clothing afterwards because the fragrance has no ikar (Rambam, Hilchos Brachos 9:8). For this reason, one does not recite a bracha on a bag that has a pleasant smell because it once held fragrance or when you can still smell the residual aroma that is in the air after a spice has been put into a closed bag

(Biyur Halacha 217:3).

SYNTHETIC FRAGRANCES

Some poskim contend that one does not make a bracha on a synthetic fragrance (Rav Shlomo Zalman Auerbach, quoted in Shmiras Shabbos K’Hilchasah, Vol. 2, Pg. 263 note 32). Apparently, they hold that one can only recite a bracha on a fragrance whose source was originally besamim. However most poskim dispute this ruling, contending that fragrance should not be different from a “synthetic food”- a food made from a non-food substance, such as alcohol or vinegar whose source is petrochemical – which is very common today.

This situation is very common today, since most inexpensive fragrances and perfumes are synthetic. Because of the above dispute, if I have a reason to smell a synthetic fragrance I try to recite a bracha on a different fragrance whose bracha is Borei Minei Besamim, such as cloves or cinnamon, and thereby be motzi the synthetic fragrance. (Neither of these options will work for Sefardim, since they usually recite Hanosein Rei’ach Tov Ba’peiros on cloves and Borei Atzei Besamim on cinnamon.)

As a quick review, we do not recite a bracha on the following categories of fragrances:

Those that we are not permitted to smell.

Deodorizers

If the fragrance is incidental to the item’s main purpose or if it provides aroma to something else.

Items that most people do not consider fragrances.

Where one does not smell the source of the fragrance.

Some poskim hold that we should not recite a bracha on a synthetic fragrance.

EXPRESSIVE FRAGRANCE

In a monumental essay, Rav Hirsch (Breishis 8:21) explains that the expression rei’ach nicho’ach, usually translated as “a pleasant fragrance,” should more accurately be rendered “an expression of compliance.” He demonstrates that the word nicho’ach means “giving satisfaction” and the concept of “rei’ach” is used because fragrance implies receiving a very slight impression of something that is distant. Thus, when a korban is offered as a rei’ach nicho’ach it means that it shows a small expression of our fulfilling Hashem’s will. Similarly, our attempt to observe the halachos of brachos on fragrances correctly demonstrates a small expression on our part to praise Hashem for even His small kindnesses to us.

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