Bal Tosif: Difference between revisions

From Halachipedia
Line 23: Line 23:
# 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>
# 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. 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>
# 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>


==Sources==
==Sources==
<references/>
<references/>
[[Category:Principles of Halacha]]
[[Category:Principles of Halacha]]