Question: Am I supposed to recite a brocho when building a ma’akeh? And what about saying shehechiyonu?
Discussion: Hilchos ma’akeh appear in the last siman of Shulchan Aruch (Choshen Mishpot Siman 427). The Shulchan Aruch makes no mention of reciting a brocho when putting up a ma’akeh.
The Pischei Teshuva (Choshen Mishpot Siman 427 s.k. 1) quotes the Rambam (Hilchos Brochos perek 11 halocho 8) who rules that one should recite a brocho when putting up a ma’akeh, and one also needs to recite shehechiyonu (ibid halocho 9).
The nusach of the brocho (according to the Rambam) is “asher kidshonu b’mitzvosov, v’tzivonu la’asos ma’akeh”.
The Aruch Hashulchan (Choshen Mishpot Siman 427 se’if 3) quotes the Rambam who says that one should recite a brocho when putting up a ma’akeh, and also writes that in other places in the Rishonim it appears that one should not recite a brocho when putting up a ma’akeh. The Aruch Hashulchan elaborates on this point in se’if 10, where he quotes the Tomim De’im who also writes that one who puts up a ma’akeh should recite a brocho; however he writes that there are those who say that a brocho should not be recited because putting up a ma’akeh is also being performed to avoid the transgression of “lo sosim domim” (the lo sa’ase prohibiting creating or leaving a dangerous situation in one’s house) and we do not find that brochos are recited on withholding from a lo sa’ase.
[The position of the Aruch Hashulchan himself regarding reciting a brocho on putting up a ma’akeh remains unclear.]
The Chaye Odom (Klal 15 halocho 25) quotes the Rambam who writes that a brocho is recited upon putting up a ma’ake on the roof of a dwelling house, and writes that “even according to us” the nusach of the brocho is “la’asos ma’akeh”, and this is also the opinion of the Ran in Pesochim and the Avudraham. (It appears that he is coming to exclude the nusach of “al asiyas ma’akeh”.)
And regarding reciting shehechiyonu, the Aruch Hashulchan writes that although the Rambam writes (Hilchos Brochos perek 11 halocho 9) that one should recite shehechiyonu when building a ma’akeh, we do not pasken this way, and shehechiyonu should not be recited.
The source of the Aruch Hashulchan is the Nishmas Odom (Klal 15 se’if 3) who writes that the Rambam who writes that shehechiyonu recited on putting up a ma’akeh, is of the opinion that on any mitzvah that is a new acquisition for a person, such as tzitzis, tefillin, mezuza and ma’akeh, shehechiyonu is recited (ibid). However, according to the Magen Avraham (Siman 22 s.k. 1) there is no requirement to recite shehechiyonu on a new mitzvah (unless it is only possible to perform the mitzvah from time to time), and the reason that one says shehechiyonu on a new talis is because of the new item of clothing, and not because of the mitzvah. Similarly, according to the Magen Avraham there is no requirement to recite shehechiyonu when putting up a ma’akeh.
Conclusion: There is no mention in Shulchan Aruch regarding whether or not a brocho is recited when putting up a ma’akeh. The Rambam clearly rules that a brocho is recited, and the Aruch Hashulchan mentions that not all Rishonim agree to this. (The conclusion of the Aruch Hashulchan regarding reciting a brocho on a ma’akeh remains unclear.)
The Chaye Odom rules clearly that a brocho should be recited when putting up a ma’akeh.
Regarding shehechiyonu, although the Rambam clearly rules that shehechiyonu is recited, according to the Nishmas Odom and Aruch Hashulchan this is not the general consensus and therefore shehechiyonu should not be recited.
(It should be mentioned that one who wishes to fulfil the opinion of the Rambam and recite shehechiyonu could eat a new fruit that requires shehechiyonu, or wear a new item of clothing that requires shehechiyonu and thus can say shehechiyonu and legitimately fulfil all opinions.)