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Parshas Nasso: Birchas Kohanim Recited By A Non-Kohein No definitive Halacha LeMa'aseh conclusions should be applied to practical situations based on any of these Shiurim.
In this Parsha, the Torah articulates the Beracha which the Kohanim are supposed to pronounce when blessing the Jewish people (BeMidbar 6:24-26). The Gemara in Kesubos (24b) states that if a Jew who is not a Kohein raises his hand and recites this Beracha, known as the Birchas Kohanim, he violates a Mitzvas Asei by so doing. Rashi (Ibid. s.v. D'Issur) explains this by citing the Posuk in this Parsha that introduces the Birchas Kohanim (Ibid. Pasuk 23), which says, addressing the Kohanim, "Koh Tevarchu Es Bnai Yisrael," so shall you bless Bnai Yisrael, from which the Gemara (Ibid.) derives, according to Rashi Atem V'Lo "Zarim," only you, the Kohanim, may pronounce this Beracha and not any non-Kohein. Such a derivation is called a Lav HaBah MiChlal Aseh, which means that one violates a Torah law by ignoring this Mitzvah, although it is expressed in the positive form. It seems clear from here that a non-Kohein may not bless his child, or a student, or a friend, using the Pesukim of Birchas Kohanim. The Gemara in Shabbos (118b), however, records that one of the Tannaim stated that although he was not a Kohein, he would, upon the request of his colleagues, go up to the Duchan, the platform, and, presumably, recite Birchas Kohanim anyway. In Tosafos there (Ibid. s.v. Ilu), the Ri is quoted as saying that he does not know of any problem with a non-Kohein going up to Duchan, except the problem of a Bracha L'Batalah, an inappropriate Beracha, which would be recited, because really only the Kohanim were commanded to bless Bnai Yisrael. The implication of this statement is that it would be permissible for a non-Kohein to recite the words of the Birchas Kohanim and bless someone as long as he would not precede this recitation with a Beracha. The Ramo, in his commentary on the Tur entitled Darkei Moshe (Orach Chaim Siman 128 Os 1), quotes a view that based upon this, it would be permissible for any non-Kohein to go up to Duchan along with the Kohanim, and that it may in fact be proper because of the idea that B'Rov Am Hadras Melech, meaning that it represents greater glory for Hashem to have more people participating in a Mitzvah. He notes (Ibid.), however, that this is not the practice, perhaps because the non-Kohanim may get confused and eventually go up to Duchan even when no Kohanim are present. The Ramo (Ibid.) then asks, however, how Tosafos (Ibid.) can allow this at all, and say that there is no problem for a non-Kohein to go Duchan, when the aforementioned Gemara in Kesubos (Ibid.) implies that a non-Kohein in fact violates a Mitzvas Asei if he Duchans. The Ramo (Ibid.) tries to reconcile the two sources by suggesting that the Ri's rule permitting a non-Kohein to Duchan is intended only if he joins the Kohanim when they Duchan, whereas the Gemara in Kesubos (Ibid.) is discussing a non-Kohein who Duchans when no Kohanim are present; in such a case, the non-Kohein indeed violates a Mitzvas Asei. Despite his answer, though, the Ramo (Ibid.) still leaves the matter as a question to be pondered. The Maharsha in Shabbos, in commenting on the above cited Tosafos (Chidushei Halachos L'Shabbos Ibid.), suggests that it is indeed forbidden for a non-Kohein to recite the words of the Birchas Kohanim, as the Gemara in Kesubos (Ibid.) indicates, and that the Tanna's comment that he would go up to Duchan, despite not being a Kohein, meant that he would go up to join the Kohanim when they would Duchan, but he would not say the words of the Beracha. It is this practice which the Ri in Tosafos (Ibid.) found acceptable. But a non-Kohein may certainly not pronounce the words of the Birchas Kohanim. In the Shulchan Aruch (Orach Chaim Ibid. Sif 1), the Ramo rules that a non-Kohein should not raise his hands to Duchan, even with other Kohanim present. The Magen Avraham (Ibid. Sif Katan 1), in his attempt to reconcile the rule of the Gemara in Kesubos (Ibid.) that a non-Kohein who goes to Duchan violates a Mitzvas Asei with the practice of the Tanna in the Gemara in Shabbos (Ibid.) sanctioned by Tosafos (Ibid.), claims that the Mitzvas Asei violated is the inappropriate pronunciation of Hashem's name in the Birchas Kohanim, and that the Tanna who went up to Duchan only went up, but did not say anything. The Noda BeYehudah (Sheilos V'Teshuvos Noda BeYehudah Mahadura Kama Chelek Orach Chaim Siman 6) presents two ways to understand what the Magen Avraham (Ibid.) meant by an inappropriate use of Hashem's name; either he was referring to Hashem's name in the Beracha which is recited prior to the actual Birchas Kohanim, or to Hashem's names which appear in the actual Pesukim of the Birchas Kohanim (Ibid. Pesukim 24-26). He seems to prefer the latter explanation, implying that even saying the Psukim (Ibid.) is a problem for a non-Kohein; Rav Ovadyah Yosef (Sheilos V'Teshuvos Yabea Omer Chelek 3 Chelek Orach Chaim Siman 14 Os 8), however, thinks there is no problem for anyone to say Pesukim from the Torah, even with Hashem's name in them, and that the Magen Avraham (Ibid.) was concerned instead about mentioning Hashem's name in the Beracha preceding the actual Birchas Kohanim, a view which he quotes others as holding as well. The Noda BeYehudah (Ibid.) also suggests a distinction between Birchas Kohanim when it was recited in the Beis HaMikdash as opposed to the Birchas Kohanim recited today, saying that perhaps only in the Beis HaMikdash was it forbidden for a non-Kohein to recite this Beracha, while nowadays it is a Mitzvah only upon Kohanim, but a non-Kohein may recite the Birchas Kohanim if he wishes. The Minchas Chinuch (Mitzvah 379 Os 1) also quotes such an interpretation, and the Pnei Yehoshua in Kesubos (Ibid. s.v. B'Gemara) suggests this as well, noting that in the Beis HaMikdash, the full name of Hashem was used, and this could not be said in the Beracha by a non-Kohein. It appears from at least some of the above sources that it would be permissible for a non-Kohein to bless someone using the words of the Birchas Kohanim nowadays, especially if he does not recite any Beracha before doing so. The Torah Temimah on this Parsha (BeMidbar Ibid. Pasuk 23 Os 131), though, suggests that even a Kohein may not be permitted to bless someone using these Pesukim other than at the designated time during davening. He also presents a variant text of the above Gemara in Shabbos (Ibid.) which indicates that the Tanna in question was not discussing Birchas Kohanim at all. The Bach, in his commentary on the Tur (Orach Chaim Ibid. s.v. Garsinan), presents a different approach, saying that the only time a non-Kohein is forbidden to recite the Birchas Kohanim is if he does so with Nisias Kapayim, raised and outstretched hands, as the Kohanim do. But there is nothing wrong with a non-Kohein reciting the words of the Birchas Kohanim (even from the Duchan, as the aforementioned Tanna was willing to do) if he does not raise his hands. The Kaf HaChaim (Ibid. Os 8) suggests that the only time there is any prohibition for a non-Kohein is if his intent is to fulfill the Mitzvah of blessing the people like the Kohanim, but if his intent is simply to greet or bless a friend this way, there is no problem. The Mishnah Berurah (Ibid. Sif Katan 3) also discusses this, and concludes likewise that the prohibition is only if the non-Kohein's intent is to fulfill the Mitzvah of Birchas Kohanim, and he adds in the Biur Halacha (Ibid. s.v. D'Zar) that if one recites the Psukim of Birchas Kohanim outside the context of Tefillah, it is certainly permissible because he is demonstrating clearly that his intent is not to fulfill the Mitzvah required of the Kohanim. It is thus permissible today according to all these authorities for parents to bless their children, or rabbis to bless their students, or friends to bless each other, even if they are not Kohanim, with the Pesukim of Birchas Kohanim. The Torah Temimah cited above (Ibid.) quotes that the Vilna Gaon blessed people with these Pesukim, but he placed only one hand on the recipient's head, explaining that only the Kohaim in the Beis HaMikdash blessed with two hands. Rav Ovadyah Yosef (Sheilos V'Teshuvos Yechaveh Daas Chelek 5 Siman 14), however, quotes many Poskim who say that one need not be concerned with this and may bless with two hands on the recipient's head.
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