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Aseh Doche Lo Taaseh: Difference between revisions
From Halachipedia
→Reasons not to apply aseh doche lo taseh
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==Reasons not to apply aseh doche lo taseh== | ==Reasons not to apply aseh doche lo taseh== | ||
# If the lo taseh has the punishment of karet.<ref>Yevamot 3b</ref> | # If the lo taseh has the punishment of karet.<ref>Yevamot 3b</ref> | ||
# One aseh can't override both a lo taseh and aseh. This idea is found in Beitzah 8b and Shabbat 133a with respect to Yom Tov. | # One aseh can't override both a lo taseh and aseh. This idea is found in Beitzah 8b and Shabbat 133a with respect to Yom Tov. | ||
#In the bet hamikdash. Rava in Zevachim 97b says that we don’t apply aseh doche lo taseh in the bet hamikdash. His proof is that otherwise we should allow breaking the bones of a korban pesach to eat the meat inside the bones since eating the korban is a mitzvah. Rashba Eruvin 100a s.v. bha and Ritva 100a s.v. amar cites Tosfot as using this rule to explain why aseh doche lo taseh doesn't apply to sprinkling a mixture of bechor and olah blood. Rashi and Tosfot Eruvin 100a seems to ignore this rule and the Turei Even Rosh Hashana 28b s.v. hari points this out. | #In the bet hamikdash. Rava in Zevachim 97b says that we don’t apply aseh doche lo taseh in the bet hamikdash. His proof is that otherwise we should allow breaking the bones of a korban pesach to eat the meat inside the bones since eating the korban is a mitzvah. Rashba Eruvin 100a s.v. bha and Ritva 100a s.v. amar cites Tosfot as using this rule to explain why aseh doche lo taseh doesn't apply to sprinkling a mixture of bechor and olah blood. Rashi and Tosfot Eruvin 100a seems to ignore this rule and the Turei Even Rosh Hashana 28b s.v. hari points this out. | ||
#If the mitzvah isn’t fulfilled simultaneously with the prohibition (B’idna). The Gemara Beitzah 8b establishes that one can’t violate an aseh that is overriding a lo taseh if they aren’t simultaneous. The example is that it is forbidden to dig dirt in order to fulfill the mitzvah of kisuy hadam on Yom Tov. Piskei Tosfot Zevachim n. 69 writes that there is no requirement that the mitzvah and sin are simultaneous if by definition there is no other way to fulfill the mitzvah unless a sin is performed. (See Ri Chaver’s question on this Piskei Tosfot.) See Tosfot Bava Batra 13a who writes that a maaseh biyah isn't bidna of the kiyum of pru urevu even though it is necessary for the mitzvah. | #If the mitzvah isn’t fulfilled simultaneously with the prohibition (B’idna). The Gemara Beitzah 8b establishes that one can’t violate an aseh that is overriding a lo taseh if they aren’t simultaneous. The example is that it is forbidden to dig dirt in order to fulfill the mitzvah of kisuy hadam on Yom Tov. Piskei Tosfot Zevachim n. 69 writes that there is no requirement that the mitzvah and sin are simultaneous if by definition there is no other way to fulfill the mitzvah unless a sin is performed. (See Ri Chaver’s question on this Piskei Tosfot.) See Tosfot Bava Batra 13a who writes that a maaseh biyah isn't bidna of the kiyum of pru urevu even though it is necessary for the mitzvah. | ||
