Bal Tosif: Difference between revisions
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==Nature of the Prohibition== | ==Nature of the Prohibition== | ||
# Some say that the prohibition means that one may not permanently establish a new mitzvah.<ref>Ramban Devarim 4:2, Rambam (Mamrim 2:9)</ref> Some say that it a Bet Din declares that a rabbinic prohibition is actually a | # Some say that the prohibition means that one may not permanently establish a new mitzvah.<ref>Ramban Devarim 4:2, Rambam (Mamrim 2:9)</ref> Some say that it a Bet Din declares that a rabbinic prohibition is actually a biblical one they are in violation of Baal Tosif.<ref>Rambam Mamrim 2:9, Ramban Dvarim 4:2</ref> Others disagree.<ref>Raavad Mamrim 2:9</ref> | ||
##Similarly, some say that doing a mitzvah that one is exempt from is bal tosif.<ref>Rashi Rosh Hashana 33a s.v. ha nashim</ref> Others disagree.<ref>Maharsha Rosh Hashana 33a disagrees with Rashi since doing an mitzvah one is exempt from isn't adding onto any mitzvah. Also, Tosfot Eruvin 96a s.v. michal write in opposition to Rashi that woman wearing tefillin isn't bal tosif. Rav Zalman Sender in Haghot Turei Even Rosh Hashana 16a writes that perhaps the Maharsha and Tosfot held like the Turei Even Rosh Hashana 16a that there is only [[bal tigra]] for doing a mitzvah in an incomplete fashion and not neglecting a mitzvah entirely. Rashi could agree with the Rashba Rosh Hashana that there is bal tigra for neglecting a mitzvah entirely.</ref> | ##Similarly, some say that doing a mitzvah that one is exempt from is bal tosif.<ref>Rashi Rosh Hashana 33a s.v. ha nashim</ref> Others disagree.<ref>Maharsha Rosh Hashana 33a disagrees with Rashi since doing an mitzvah one is exempt from isn't adding onto any mitzvah. Also, Tosfot Eruvin 96a s.v. michal write in opposition to Rashi that woman wearing tefillin isn't bal tosif. Rav Zalman Sender in Haghot Turei Even Rosh Hashana 16a writes that perhaps the Maharsha and Tosfot held like the Turei Even Rosh Hashana 16a that there is only [[bal tigra]] for doing a mitzvah in an incomplete fashion and not neglecting a mitzvah entirely. Rashi could agree with the Rashba Rosh Hashana that there is bal tigra for neglecting a mitzvah entirely.</ref> | ||
# Some say that the prohibition includes fulfilling a mitzvah in an expanded or enlarged manner.<ref>See examples below and Encyclopedia Talmudit "Bal Tosif"</ref> | # Some say that the prohibition includes fulfilling a mitzvah in an expanded or enlarged manner.<ref>See examples below and Encyclopedia Talmudit "Bal Tosif"</ref> | ||
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===Following the Rabbis=== | ===Following the Rabbis=== | ||
# There is no issue of Baal Tosif when one's intention is to follow the Rabbis such as by keeping a [[second day of Yom Tov]].<ref>Rashba Rosh Hashana 16a, Ritva Rosh Hashana 28b, Igrot Moshe 2:60 s.v. umah. However, the Turei Even Rosh Hashana 16a disagrees. He asks how a rabbinic enactment can permit a | # There is no issue of Baal Tosif when one's intention is to follow the Rabbis such as by keeping a [[second day of Yom Tov]].<ref>Rashba Rosh Hashana 16a, Ritva Rosh Hashana 28b, Igrot Moshe 2:60 s.v. umah. However, the Turei Even Rosh Hashana 16a disagrees. He asks how a rabbinic enactment can permit a biblical prohibition. See [[Bal Tigra]] page where the Imrei Baruch's answer is discussed.</ref> | ||
===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> | ||
