Are all Mitzvahs related to an action in thought speech or deed?

I always thought that there are mitzvot "to do" and "not to do". But it seems some mitzvot are not related to an action to "do", but are listed under an alternative characterisation, for example that some things are not pure, that some things make other things impure etc.

It seems they are just stating a fact, which is independent of a person's action, so no way to violate it.

For example Rambam's positive Mitzvah 96 and the next few

  • How do you define "a mitzva"? Not everyone agrees with Rambam's method – Double AA Nov 29 '20 at 22:59
  • @DoubleAA I guess the answer to your question will answer my question, by the way who argues regarding these , sefer hinuch, smag and smak seem to agree with him – hazoriz Nov 29 '20 at 23:07
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    Check out ramban. The Chinuch didnt try to form his own count so he's not a proof of anything; he just reorganized Rambam's. – Double AA Nov 30 '20 at 0:32
  • There is a Mitzva on the DEAD person to be Metameh! (also a Mitzvah for a menstruating woman to be Metameh) How do you call it? – Al Berko Dec 1 '20 at 16:40
  • @AlBerko that is my question, I call it a fact, it is a fact that a hot pot swallows the taist of the food, it is a fact that a nidda is tomai, and there is nothing you can do about it, you can't not do this Mitzvah – hazoriz Dec 1 '20 at 16:51

It is pretty common in the Rambam for him to list as a "mitzvah" something that is really a category of rules: This is what happens when you put things in a mikveh. This is how to do a kosher divorce.
It is interesting that the Sefer HaChinuch, who uses the Rambam's list as the basis for his discussions, invariably tries to find a way to violate (be מבטל) each of the mitzvos. So if a judge would try that case, and not use these rules, he has violated this mitzvah...

  • Your answer is that these mitzvot are for the judge?, What do others count instead? – hazoriz Nov 30 '20 at 13:41
  • Not really saying that. The simple reading of the Rambam is that he's fine with mitzvos that don't command, just decide. If you do this, they're divorced, otherwise not. That seems to differ from your starting assumption. The Sefer Hachinuch to me is the surprise. – MichoelR Nov 30 '20 at 13:48
  • but the Rambam calls them mitzvot assai, what does he mean by assai – hazoriz Nov 30 '20 at 15:32
  • As far as I can see, "asei" everywhere means as opposed to "lo sa'asei": no warning and therefore no malkus. See here: These are the only two categories ever mentioned. Do you really believe that the rules of gittin in the Torah are not part of the taryag mitzvos that Hashem gave Israel, just because they only describe how to do a divorce, not to do it? Would you really leave them out? – MichoelR Nov 30 '20 at 15:36
  • I was taught divorce is a Mitzvah to do like shechita, when you need meat you have the Mitzvah to shecht, when you need to divorce you have a Mitzvah to divorce – hazoriz Nov 30 '20 at 15:38

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