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Mitzvot need Kavana: Difference between revisions

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I added an exception to mitzvos tsrichos kavana- that if one derives benefit from the mitzvah, then it can circumvent the requirement the requirement of kavana. Also, "have" was added to a sentence
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(I added an exception to mitzvos tsrichos kavana- that if one derives benefit from the mitzvah, then it can circumvent the requirement the requirement of kavana. Also, "have" was added to a sentence)
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The following Achronim hold that Mitzvot Derabanan don’t need Kavana: Magan Avraham 60:3 in name of Sh”t Radvaz 4:1094, Sh”t Mishpat Tzedek 2:62, and Knesset Gedolah 589, Chok Yacov 475:18, Eliyah Rabba 60:3, and Erech HaShulchan 60:1 (but only Bedieved), Shulchan Aruch HaRav 475:29 (who writes that preferably one should be strict). Reasons why Mitzvot Derabanan wouldn’t need Kavana: 1)Bach 475 says that the Rosh holds by Deoritta’s one needs Kavana like some Geonim but by Derabanan’s one doesn’t need Kavana. Seemingly, the Bach differentiates between Deoritta’s and Derabanan’s because by Deoritta a Safek is judged stringently and by Derabanan a Safek is judged leniently. Pri Megadim (Introduction to Brachot HaShachar D”H Od Ra’eti), Sh”t She’ilat Shmeul 8, Chaye Olam (Lech Lecha 26d), Sh”t Machane Chaim O”C 1:33 write similarly. 2) Sh”t Amudei Or 4:4, Shevilei David (Brachot pg 5c), and Sh”t Arugat HaBosem O”C 16:7 write that according to those who hold S”A ruled with certainty (Eliyah Rabba 213, Gra 60:9, and Mishna Brurah (Buir Halacha D”H VeChen Halacha)) the only difference one can make is that Deoritta’s are more strict and so they require Kavana whereas Derabanan’s are more lenient and don’t require Kavana. The following Achronim hold that Mitzvot Derabanan need Kavana: Pri Chadash 475:4 explains that S”A holds by Derabanan’s one doesn’t need Kavana but disagrees and holds Derabanan’s need Kavana. Mikrei Kodesh of Rav Abulafiyah (quoted by Birkei Yosef 489:13), Eliyah Rabba 213:5, Mishna Brurah 60:10, and Gra 489 argue that S”A agrees that Derabanan’s need Kavana. Interestingly, Sh”t HaRemetz O”C 10:13 writes that even the opinion that holds Mitzvot don’t need Kavana, holds that Derabanan’s need Kavana. Sh”t Shemesh Tzedeka O”C 29 and Sh”T Bet Yitzchak E”H 2 pg 95b say that according to those who hold that Kavana is a Deoritta obligation will hold here that by Derabanan’s Kavana is needed since Derabanan is patterned after Deoritta’s. Kaf HaChaim 60:10 writes that according to  Kabala Derabanan’s also need Kavana. </ref>  
The following Achronim hold that Mitzvot Derabanan don’t need Kavana: Magan Avraham 60:3 in name of Sh”t Radvaz 4:1094, Sh”t Mishpat Tzedek 2:62, and Knesset Gedolah 589, Chok Yacov 475:18, Eliyah Rabba 60:3, and Erech HaShulchan 60:1 (but only Bedieved), Shulchan Aruch HaRav 475:29 (who writes that preferably one should be strict). Reasons why Mitzvot Derabanan wouldn’t need Kavana: 1)Bach 475 says that the Rosh holds by Deoritta’s one needs Kavana like some Geonim but by Derabanan’s one doesn’t need Kavana. Seemingly, the Bach differentiates between Deoritta’s and Derabanan’s because by Deoritta a Safek is judged stringently and by Derabanan a Safek is judged leniently. Pri Megadim (Introduction to Brachot HaShachar D”H Od Ra’eti), Sh”t She’ilat Shmeul 8, Chaye Olam (Lech Lecha 26d), Sh”t Machane Chaim O”C 1:33 write similarly. 2) Sh”t Amudei Or 4:4, Shevilei David (Brachot pg 5c), and Sh”t Arugat HaBosem O”C 16:7 write that according to those who hold S”A ruled with certainty (Eliyah Rabba 213, Gra 60:9, and Mishna Brurah (Buir Halacha D”H VeChen Halacha)) the only difference one can make is that Deoritta’s are more strict and so they require Kavana whereas Derabanan’s are more lenient and don’t require Kavana. The following Achronim hold that Mitzvot Derabanan need Kavana: Pri Chadash 475:4 explains that S”A holds by Derabanan’s one doesn’t need Kavana but disagrees and holds Derabanan’s need Kavana. Mikrei Kodesh of Rav Abulafiyah (quoted by Birkei Yosef 489:13), Eliyah Rabba 213:5, Mishna Brurah 60:10, and Gra 489 argue that S”A agrees that Derabanan’s need Kavana. Interestingly, Sh”t HaRemetz O”C 10:13 writes that even the opinion that holds Mitzvot don’t need Kavana, holds that Derabanan’s need Kavana. Sh”t Shemesh Tzedeka O”C 29 and Sh”T Bet Yitzchak E”H 2 pg 95b say that according to those who hold that Kavana is a Deoritta obligation will hold here that by Derabanan’s Kavana is needed since Derabanan is patterned after Deoritta’s. Kaf HaChaim 60:10 writes that according to  Kabala Derabanan’s also need Kavana. </ref>  
# Some say that by Mitzvot that involve speech like Kriyat Shema one needs Kavana even according to the Rishonim who hold Mitzvot don’t need Kavana. <Ref> Talmedei Rabbenu Yonah 7a (quoted by Bet Yosef 589) writes that those who hold Mitzvot don’t Kavana only that opinion by Mitzvot that have an action. However by Mitzvot that involve speech need Kavana according to everyone. </ref> However most Achronim hold that there’s no differentiation. <Ref> Many Achronim argue that in Rosh Hashana 28b the Gemara brings a proof that Mitzvot need Kavana from Kriyat Shema and according to the distinction of the Talmedei Rabbenu Yonah the Gemara should have rejected the proof saying the Kriyat Shema is different since it’s a mitzvah of speech including: Lechem Mishna (Megilah 2:5), Pri Chadash 589e, Turei Even (Rosh Hashana 28b), Sh”t Divrei Moshe 193, and Bear Yacov 589 pg 36b. </ref> Nonetheless, we pasken like the Rishonim who hold Mitzvot need Kavana. <Ref> The Derisha implies from the Tur (and S”A) who quote this dispute by Kriyat Shema (Siman 60) that the opinions who hold one doesn’t need Kavana shouldn’t also need Kavana by Kriyat Shema. Halacha Brurah 60:15 rules that S”A doesn’t hold of the Rabbenu Yonah’s distinction. </ref>
# Some say that by Mitzvot that involve speech like Kriyat Shema one needs Kavana even according to the Rishonim who hold Mitzvot don’t need Kavana. <Ref> Talmedei Rabbenu Yonah 7a (quoted by Bet Yosef 589) writes that those who hold Mitzvot don’t Kavana only that opinion by Mitzvot that have an action. However by Mitzvot that involve speech need Kavana according to everyone. </ref> However most Achronim hold that there’s no differentiation. <Ref> Many Achronim argue that in Rosh Hashana 28b the Gemara brings a proof that Mitzvot need Kavana from Kriyat Shema and according to the distinction of the Talmedei Rabbenu Yonah the Gemara should have rejected the proof saying the Kriyat Shema is different since it’s a mitzvah of speech including: Lechem Mishna (Megilah 2:5), Pri Chadash 589e, Turei Even (Rosh Hashana 28b), Sh”t Divrei Moshe 193, and Bear Yacov 589 pg 36b. </ref> Nonetheless, we pasken like the Rishonim who hold Mitzvot need Kavana. <Ref> The Derisha implies from the Tur (and S”A) who quote this dispute by Kriyat Shema (Siman 60) that the opinions who hold one doesn’t need Kavana shouldn’t also need Kavana by Kriyat Shema. Halacha Brurah 60:15 rules that S”A doesn’t hold of the Rabbenu Yonah’s distinction. </ref>
# Some say that Bedieved if one didn’t have Kavana but did the Mitzvah in the way that’s recognizable that it was done for the mitzvah (Shema with Brachot in middle of his Tefilah, Matzah in middle of Seder on Peasch, blowing Shofar on Rosh Hashana) one fulfills the obligation. <Ref> Chaye Adam 68, Mishna Brurah 60:10, and Halacha Brurah 60:17 write that if it’s clear from one’s actions that one was doing the Mitzvah Bedieved one doesn’t need Kavana. This is sourced in the Yerushalmi (Rosh Hashana 3; which is quoted by the Ran (Rosh Hashana 7a), Bet Yosef 589, and Magan Avraham 589:5) which says that someone standing outside a Shul and hears Shofar there’s a Chazaka that he had Kavana. </ref> Still Lechatchila one should Kavana to fulfill the Mitzvah. <Ref> Mishna Brurah 60:10 and Halacha Brurah 60:17 </ref>  
# Some say that Bedieved if one didn’t have Kavana but did the Mitzvah in the way that’s recognizable that it was done for the mitzvah (Shema with Brachot in middle of his Tefilah, Matzah in middle of Seder on Peasch, blowing Shofar on Rosh Hashana) one fulfills the obligation. <Ref> Chaye Adam 68, Mishna Brurah 60:10, and Halacha Brurah 60:17 write that if it’s clear from one’s actions that one was doing the Mitzvah Bedieved one doesn’t need Kavana. This is sourced in the Yerushalmi (Rosh Hashana 3; which is quoted by the Ran (Rosh Hashana 7a), Bet Yosef 589, and Magan Avraham 589:5) which says that someone standing outside a Shul and hears Shofar there’s a Chazaka that he had Kavana. </ref> Still, Lechatchila, one should have Kavana to fulfill the Mitzvah. <Ref> Mishna Brurah 60:10 and Halacha Brurah 60:17 </ref>
#      Similarly, if a Mitzvah has a certain Hana'ah associated with it, like eating Matzah on Pesach, then one can fulfill his or her obligation even without Kavana. <Ref> Rosh Hashana 28a, Rashi ad loc., Shulchan Aruch Orach Chaim 475:4 </ref>
# Yet, if one regularly prays Arvit during the day and during the night repeats Shema to fulfill his obligation, and one time he prays Arvit during the night, he needs to have Kavana since he regularly doesn’t fulfill the mitzvah in his regular Arvit prayers. <Ref> Mishna Brurah (Buir Halacha 60 D”H VeChen Halacha), and Halacha Brurah 60:17 </ref>
# Yet, if one regularly prays Arvit during the day and during the night repeats Shema to fulfill his obligation, and one time he prays Arvit during the night, he needs to have Kavana since he regularly doesn’t fulfill the mitzvah in his regular Arvit prayers. <Ref> Mishna Brurah (Buir Halacha 60 D”H VeChen Halacha), and Halacha Brurah 60:17 </ref>


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