Aseh Doche Lo Taaseh: Difference between revisions
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''Aseh Doche Lo Taseh'' is a principle that allows one to violate a negative commandment in order to fulfill a mitzvah.<ref>Shabbat 133a, Yevamot 3b</ref> An allegorical reason for this principle is that positive commandments stem from the mitzvah to love Hashem and negative commandments stem from the mitzvah to fear Him. Since loving Him is important important than fearing him the principle is that a positive commandment overrides a negative commandment.<ref>Ramban Shemot 20</ref> | ''Aseh Doche Lo Taseh'' is a principle that allows one to violate a negative commandment in order to fulfill a mitzvah.<ref>Shabbat 133a, Yevamot 3b</ref> An allegorical reason for this principle is that positive commandments stem from the mitzvah to love Hashem and negative commandments stem from the mitzvah to fear Him. Since loving Him is important important than fearing him the principle is that a positive commandment overrides a negative commandment.<ref>Ramban Shemot 20</ref> | ||
==If it can be avoided== | ==If it can be avoided== | ||
# If the entire situation of the negative commandment can be avoided so that one can do the mitzvah without any prohibition one is obligated to do so and not apply the principle of aseh doche lo taseh.<ref>Reish Lakish in Shabbat 133a</ref> Many hold that this principle is | # If the entire situation of the negative commandment can be avoided so that one can do the mitzvah without any prohibition one is obligated to do so and not apply the principle of aseh doche lo taseh.<ref>Reish Lakish in Shabbat 133a</ref> Many hold that this principle is biblical.<ref>Sitrei Umaginei Yashar Vchadash p. 215 learns from the Rif (Tzizit) that avoiding aseh doche lo taseh when possible is biblical. Torat Chesed EH 2:22:6 writes that it is a dispute in the gemara if Reish Lakish's principle is biblical.</ref> Others hold it is rabbinic.<ref>Tosfot Menachot 40a s.v. kiyvan implies that the principle of avoiding aseh doche lo taseh is only rabbinic since he says that kilayim in tzitzit is completely permitted even if it could be avoided.</ref> | ||
# If by avoiding the situation of the aveirah in order to fulfill the mitzvah one isn't certain that one will fulfill the mitzvah then some achronim learn that it would be permitted to have the aseh override the lo taseh.<ref>See Chidushei Batra Yevamot 230 who argues on the Kehilat Yakov Yevamot 14 who says for a mitzvah that has alternatives (e.g. yibum and chalitza) it isn't necessary to avoid applying aseh doche lo taseh because perhaps you won't do the entire mitzvah.</ref> | # If by avoiding the situation of the aveirah in order to fulfill the mitzvah one isn't certain that one will fulfill the mitzvah then some achronim learn that it would be permitted to have the aseh override the lo taseh.<ref>See Chidushei Batra Yevamot 230 who argues on the Kehilat Yakov Yevamot 14 who says for a mitzvah that has alternatives (e.g. yibum and chalitza) it isn't necessary to avoid applying aseh doche lo taseh because perhaps you won't do the entire mitzvah.</ref> | ||
==Reasons not to apply aseh doche lo taseh== | ==Reasons not to apply aseh doche lo taseh== | ||
