Aseh Doche Lo Taaseh: Difference between revisions
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# 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. | ||
# It is a dispute if an aseh with karet can override both a lo taseh and an aseh.<ref>Rabbi Akiva Eiger on Pesachim 4b and 49a (and more concisely in Tosfot Rabbi Akiva Eiger on Mishnayot Pesachim 3:7:13) proves from Tosfot Chullin 88a s.v. me'nayin that he holds that an aseh with karet cannot override both a lo taseh and an aseh. However, Tosfot Zevachim 33b s.v. linyan holds that an aseh with kodshim can override both an aseh and lo taseh. Rabbi Akiva Eiger explains that this is also a dispute between the Rambam (Biyat Mikdash 3:18) holding like Tosfot Chullin and Raavad holding like Tosfot Zevachim.</ref> | |||
#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. | ||
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#If the mitzvah and chefsa are in two chafasim. The Turei Even Rosh Hashana 28b writes that even if the mitzvah is associated with one item and the prohibition is associated with another we can still apply aseh doche lo taseh. His proof is that we apply aseh doche taseh to eating a piece of kodshim that absorbed the taste of another kodshim that is forbidden (Zevachim 97b), even though the taste of the food and the food are separate entities. The same is true of two bloods that are mixed. Even if one is doing a mitzvah with one blood and a prohibition of bal tosif with another blood it is permitted to say aseh doche lo taseh. The Haghot Imrei Baruch argues with the proof of absorbed tastes because that could be viewed as one entity. Ayelet Hashachar Zevachim v. 3 p. 96 agrees with the Turei Even but notes that it is interesting. However, Sfat Emet Zevachim 80a s.v. bgemara amar implies otherwise that one couldn’t apply aseh doche lo taseh to two items where one has the aseh and one the lo taseh. | #If the mitzvah and chefsa are in two chafasim. The Turei Even Rosh Hashana 28b writes that even if the mitzvah is associated with one item and the prohibition is associated with another we can still apply aseh doche lo taseh. His proof is that we apply aseh doche taseh to eating a piece of kodshim that absorbed the taste of another kodshim that is forbidden (Zevachim 97b), even though the taste of the food and the food are separate entities. The same is true of two bloods that are mixed. Even if one is doing a mitzvah with one blood and a prohibition of bal tosif with another blood it is permitted to say aseh doche lo taseh. The Haghot Imrei Baruch argues with the proof of absorbed tastes because that could be viewed as one entity. Ayelet Hashachar Zevachim v. 3 p. 96 agrees with the Turei Even but notes that it is interesting. However, Sfat Emet Zevachim 80a s.v. bgemara amar implies otherwise that one couldn’t apply aseh doche lo taseh to two items where one has the aseh and one the lo taseh. | ||
# For a part of a mitzvah. Maharal Eruvin 100a writes that we don't apply aseh doche lo taseh to fulfill the last three zerikot of an olah since the primary mitzvah is already done with one zerika. Gilyonei Hashas Eruvin 100a explains that since the four zerikot are one mitzvah we don't say that a part of a mitzvah should allow using aseh doche lo taseh. | # For a part of a mitzvah. Maharal Eruvin 100a writes that we don't apply aseh doche lo taseh to fulfill the last three zerikot of an olah since the primary mitzvah is already done with one zerika. Gilyonei Hashas Eruvin 100a explains that since the four zerikot are one mitzvah we don't say that a part of a mitzvah should allow using aseh doche lo taseh. | ||
#If the lo taseh by definition includes the case of the mitzvah aseh. Tzlach Pesachim 49a has a dispute with his son whether one could apply aseh doche lo taseh to the case of doing shechita on a korban pesach knowing that one still owns chametz and can't get rid of it. | |||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
[[Category:Meta Concepts of Halacha]] | [[Category:Meta Concepts of Halacha]] | ||
