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Bal Tosif: Difference between revisions
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#Similarly, eating Matzah the night before Pesach is not baal tosif if one doesn't intend to add to the mitzvah.<ref>Igrot Moshe OC 1:155 based on Rosh Hashana 28b, Chazon Ovadia Pesach p. 187, Chazon Ovadia Sukkot p. 481. Rav Moshe argues that there is no bal tosif eating matzah before pesach since one doesn't intend to fulfill the mitzvah and it isn't the time of the mitzvah. Rav Ovadia adds that before the mitzvah begins, even on Erev Pesach, is not considered the time of the mitzvah. See Yabia Omer OC 9:62. </ref> | #Similarly, eating Matzah the night before Pesach is not baal tosif if one doesn't intend to add to the mitzvah.<ref>Igrot Moshe OC 1:155 based on Rosh Hashana 28b, Chazon Ovadia Pesach p. 187, Chazon Ovadia Sukkot p. 481. Rav Moshe argues that there is no bal tosif eating matzah before pesach since one doesn't intend to fulfill the mitzvah and it isn't the time of the mitzvah. Rav Ovadia adds that before the mitzvah begins, even on Erev Pesach, is not considered the time of the mitzvah. See Yabia Omer OC 9:62. </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 [https://www.hebrewbooks.org/pdfpager.aspx?req=1421&pgnum=11 Shalmat Yosef 12] writes that before Sukkot it isn't any derabbanan question of bal tosif either way since the mitzvah didn't happen yet so you can't be adding on to it. However, the Kuntres Bal Tosif questioned the Rogachover since there is bal tosif on a Sukkah after Sukkot even if one didn't sit in the Sukkah for all of Sukkot, so too before Sukkot the Sukkah is designated for the mitzvah.</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 [https://www.hebrewbooks.org/pdfpager.aspx?req=1421&pgnum=11 Shalmat Yosef 12] writes that before Sukkot it isn't any derabbanan question of bal tosif either way since the mitzvah didn't happen yet so you can't be adding on to it. However, the Kuntres Bal Tosif questioned the Rogachover since there is bal tosif on a Sukkah after Sukkot even if one didn't sit in the Sukkah for all of Sukkot, so too before Sukkot the Sukkah is designated for the mitzvah.</ref> | ||
#According to the opinion that mitzvot don't need kavana, having negative kavana not to be yotzei doesn't help avoiding violating baal tosif.<ref>Tosfot Rabbenu Peretz (Eruvin 95b). Rabbenu Peretz uses this as a proof that negative kavana never works against Rashbam. However, the achronim explain how to distinguish between negative kavana not to fulfill a mitzvah being effective not to be yotzei, but ineffective in avoiding baal tosif. Rav Chaim (Kovetz Shiurim 2:33 and Igrot Hagrid p. 33) answers for Rashbam that having negative kavana makes it as though he did a maaseh mitzvah but the fulfillment of the mitzvah doesn't attribute to him. In terms of being yotzei he's not yotzei, nonetheless, he violates baal tosif for the maaseh mitzvah without a kiyum.</ref> | |||
==Sources== | ==Sources== | ||
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[[Category:Meta Concepts of Halacha]] | [[Category:Meta Concepts of Halacha]] | ||
