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Bal Tosif: Difference between revisions

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===Intention not to Fulfill the Mitzvah===
===Intention not to Fulfill the Mitzvah===
# If it isn't the time of the mitzvah there's no way to violate Baal Tosif unless one has intention to fulfill the mitzvah then.<ref>Rosh Hashana 28b. Abaye says that if you need kavana for mitzvot then you can’t violate bal tosif without kavana to add a mitzvah. If you don’t need kavana for mitzvot then you can violate bal tosif even without kavana at the time of the mitzvah; but if it isn’t the time of the mitzvah you need kavana to violate bal tosif. Rava agrees to the end of what Abaye said. Ritva Yoma 57a accepts this gemara that if it isn’t the time of the mitzvah if one doesn’t have kavana one doesn’t violate bal tosif and if it is the time of the mitzvah if one doesn’t have kavana, if mitzvot need kavana one doesn’t violate bal tosif but if mitzvot don’t need kavana one does violate bal tosif. Tosfot Yeshanim Yoma 58b and Ramban (Milchamot Hashem Rosh Hashana 7a) agree.</ref>
# If it isn't the time of the mitzvah there's no way to violate Baal Tosif unless one has intention to fulfill the mitzvah then.<ref>Rosh Hashana 28b. Abaye says that if you need kavana for mitzvot then you can’t violate bal tosif without kavana to add a mitzvah. If you don’t need kavana for mitzvot then you can violate bal tosif even without kavana at the time of the mitzvah; but if it isn’t the time of the mitzvah you need kavana to violate bal tosif. Rava agrees to the end of what Abaye said. Ritva Yoma 57a accepts this gemara that if it isn’t the time of the mitzvah if one doesn’t have kavana one doesn’t violate bal tosif and if it is the time of the mitzvah if one doesn’t have kavana, if mitzvot need kavana one doesn’t violate bal tosif but if mitzvot don’t need kavana one does violate bal tosif. Tosfot Yeshanim Yoma 58b and Ramban (Milchamot Hashem Rosh Hashana 7a) agree.</ref>
##For example, sleeping or eating in the Sukkah before Sukkot isn't an issue of Baal Tosif if one doesn't have intention to fulfill the mitzvah. After Sukkot is considered the time of the mitzvah and is a problem to sit in the Sukkah immediately after Sukkot even without intention.<ref>Chazon Ovadia Sukkot p. 481 citing Shalmah Yosef 12, Shem Chadash 22b</ref>
##For example, sleeping or eating in the Sukkah before Sukkot isn't an issue of Baal Tosif if one doesn't have intention to fulfill the mitzvah. After Sukkot is considered the time of the mitzvah and is a problem to sit in the Sukkah immediately after Sukkot even without intention.<ref>Chazon Ovadia Sukkot p. 481 citing Shalmat Yosef 12, Shem Chadash 22b</ref>
## Sleeping in the Sukkah any day of the year besides Sukkot, if one intends to fulfill the mitzvah could be bal tosif according to some rishonim. However, if one doesn't intend to fulfill the mitzvah it isn't bal tosif.<ref>Kuntres Bal Tosif by Rav Zachrish p. 48 writes that seemingly there would be bal tosif when sleeping in a sukkah any day of the year if they have intent to add to the mitzvah. Otherwise there is no bal tosif. Rama 666:1 writes that there's no derabbanan marit ayin of bal tosif except on Shemini Aseret. Ritva Sukkah 31b holds that there's no bal tosif unless the days are consecutive otherwise it doesn't add on to a mitzvah. However, that is a dispute among the rishonim (Kovetz Shiurim 2:33). Rogachover in Shalmat Yosef 12 writes that before Sukkot it isn't bal tosif either way since the mitzvah didn't happen yet so you can't be adding on to it.</ref>


==Sources==
==Sources==
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[[Category:Principles of Halacha]]
[[Category:Principles of Halacha]]