All Questions
Tagged with mitzvah halacha-theory
56 questions
2
votes
2
answers
146
views
If Jews make an oath to not do mitzvot which are normally required after an action, is it binding
Inspired by the answer to this question, is it valid for Jews to
Make an oath to prevent themselves from performing mitzvoth which proceed from their choices, for example vowing to not do ...
3
votes
1
answer
979
views
Can someone else put tefillin on a Jew
According to Halacha, Is the actual mitzvah of tefillin on having it on your body or placing it on your body? The reason I ask is because if it’s the former, you could sit still and have someone else ...
9
votes
1
answer
443
views
Reincarnations - Let's work out how many one would need to be personally obligated in all 613 Mitzvot in the superset
In a nutshell, the Arizal says (Shaar Gilgulim Ch. 16) we are reincarnated in order that every Jew gets a chance to experience all 613 mitzvot as a chiyuv (personal obligation) at least once. My ...
1
vote
3
answers
242
views
Performing mitzvot "in bundles"
The Talmud lays down the principle:
אֵין עוֹשִׂין מִצְוֹת חֲבִילוֹת חֲבִילוֹת -- One does not perform mitzvot in bundles. [Sotah 8a, also Pesachim 102b, Berakhot 49a]
Another Talmudic quote is ...
0
votes
1
answer
89
views
Mitzvah habaah beaveirah with a rabbinic prohibition
Is fulfilling a biblical mitzvah by transgressing a rabbinic prohibition considered "mitzvah habaah beaveirah", where they lose their credit for the mitzvah (see Sukkah 30a)? For instance ...
2
votes
2
answers
84
views
Implications of the appendix "אני ה'" in Biblical Mitzvot
Many Biblical Mitzvos end with "אני ה'" or "אני ה"א" or the like. Some are interpreted, some are totally ignored.
For example (Leviticus.19):
"אִישׁ אִמּוֹ וְאָבִיו ...
2
votes
2
answers
199
views
Definition and origin of the division between interpersonal and God-related Mitzvot
"...for transgressions between a person and God, Yom Kippur atones; however, for transgressions between a person and another, Yom Kippur does not atone until he appeases the other person." ...
1
vote
0
answers
53
views
Can Tzara'at appear on Mitzvah apparel?
Was it possible for Tzara'at to appear on Tefillin/Tefillin straps, which theoretically one could argue clothes the person? Or on Tzitzis, or Kohanic garments, like the Tzitz, or other clothing items ...
3
votes
0
answers
45
views
Fearing beyond parents
The commandment of respecting parents (kabed et avicha v'et imecha) has "extra" words (et and v'et) which are used in the gemara to include others in the halacha of respect (for a discussion ...
3
votes
1
answer
325
views
How many time-bound positive mitzvot are women obligated in?
Women are generally not obligated in positive mitzvot bound by time. There are some exceptions, such as eating matzah on Pesach and making kiddush on Shabbat. What other time-bound positive mitzvot ...
1
vote
1
answer
250
views
What is the source for non-literal understanding of V'Chai Bahem?
The concept of V'Chai Bahem - "do the mitzvos to live by them" (Vayikra 18:5) - is usually understood to refer to one's physical existence (i.e. the mitzvos should not be performed if they ...
3
votes
2
answers
154
views
Does the mitzvah of knowing Torah exist as separate from mitzvah of learning Torah?
According to views of some authorities (Shulchan Aruch HaRav and others), learning without pronouncing words or listening to Torah recordings does not qualify as the mitzvah of Talmud Torah. ...
-2
votes
1
answer
117
views
Why there's no Deoraytah prohibition of altering Torah scroll?
Following my other question "no-anti-altering-failsafe-measures". Please correct me if I'm wrong, one who alters one letter of a Torah scroll invalidates it in whole (שו"ע יו"ד רעד).
But I don't ...
2
votes
0
answers
66
views
Is it a mitzvah to create a situation for others to be mekayem a mitzvah?
I recall reading (though I can't find it) that the person who was punished for collecting sticks on Shabbat was actually doing so in an effort to help others see the laws of Shabbat in practice (or ...
3
votes
0
answers
75
views
How does Rambam decide what defines a Mitzvah?
Rambam in Sefer Hamitzvos lists 14 rules that guided him in writing his Sefer Hamitzvos. Practically all of them focus on what does not consitute a Mitzvah Deoraytah:
השרש הראשון שאין ראוי למנות בכלל ...
0
votes
2
answers
340
views
How many Mitzvos does the Mishnah cover?
How many (out of the 613 Deoraytah) Mitzvos are explicitly discussed in the 6 Sdarim of the Mishah (not including those that are only mentioned tangentially, like Kibud Av at the beginning of Peah)?
2
votes
0
answers
29
views
Counting parts of a Mitzvah as a Mitzvah (Rambam's 12th principle)
Rambam in Sefer Hamitzvos lays [his own] principles of what counts as a Mitzvah and what's not. The 12th principle says that:
שאין ראוי למנות חלקי המלאכה מהמלאכות שבא הצווי בעשייתם כל חלק וחלק בפני ...
8
votes
3
answers
717
views
Is the first of the 10 Commandments considered a mitzvah?
I realize that the English translation of עשרת הדברים / דברות is better translated as "Ten pronouncements" rather than "10 Commandments". However, in viewing the text, 2 - 10 seem to be commanding ...
2
votes
0
answers
44
views
Why for Rambam learning and teaching Torah are not two different Mitzvos?
Rambam in Sefer Hamitzvos #11 and in Mishne Torah Hil. Talmud Torah rules that studying and teaching Torah are one Mitzvah:
היא שצונו ללמוד תורה וללמדה וזהו הנקרא תלמוד תורה,
והוא אמרו ושננתם ...
0
votes
0
answers
211
views
List of Mitzvot Kiyumis? (ie voluntary/ conditional mitzvot)
Does a list of Mitzvot Kiyumis (voluntary/ conditional mitzvot) exist? Some examples I remember learning:
Vilna Gaon (Ma'aseh Rav 185)- Eating Matzah the last 7 days of Pesach
Rav Moshe Feinstein ...
0
votes
0
answers
54
views
Why does Rambam count learning from Midos in 613 Mitzvos?
This is a follow-up question to "why-one's-daughter-is-not-mentioned-in-arayos-in-the-torah" (please read before continuing).
Both the Gemmorah and Rambam agree that the prohibition of one's ...
4
votes
1
answer
614
views
What are the practical parameters of Mitzvah Haba'ah B'Aveirah?
There are a few questions which ask about whether the concern of a mitzvah which is (or whose practice is) contingent upon the existence of a sin applies in specific cases. But are there any clear cut ...
1
vote
2
answers
197
views
Additional Oral Law classification systems?
This question is a follow-up to the "no-form-for-the-oral-law" question.
These are the systems of organizing the total Oral Law (as opposed to Mitzvos Classification systems) that are known to me:
...
1
vote
0
answers
135
views
Comparing different counting of the 613 mitzvot
I would like to make a rudimentary chart comparing the 613 mitzvot as enumerated by the Ramban, the Rahag, Saadia Gaon, et al. and highlighting in different colors what mitzvot are ubiquitous across ...
2
votes
3
answers
103
views
Does Mechilah invalidate Kibud Av?
Following the question: "no-bracha-on-kibud-av-vaeim", some tried to say that the Sages did not set a Berocho for this Mitzvah as the father can be Mochel and there's no Mitzvah in such a case. ...
4
votes
3
answers
1k
views
To what extent does the Torah make allowances for people in severe physical pain? [closed]
I have a severe progressive neurological disease and it's exceptionally painful. Current medical technology unfortunately is not able to provide much in the way of treatment or relief. Everyday things ...
1
vote
1
answer
247
views
What is the Mitzvah of Ben Sorer uMore (rebellious son) about?
Here's a short recap on the Ben SU"M (דברים כ"א י"ח) Mitzvah order:
A boy does not listen (rebels against) to his parents in general (no details on how exactly)
He steals his father's ...
4
votes
0
answers
51
views
The sins mentioned in על חטא - why those?
This question about the "אשמנו" list is still left unanswered.
My question is about the apparent inconsistency of the "על חטא שחטאנו" list - so many different categories of sins are listed in the ABC ...
5
votes
3
answers
250
views
Is the mitzva of 'Shikcha' the act of forgetting, or the act of not going back to collect what was forgotten?
Someone asked me a riddle: what mitzva can be done without kavana? Answer: Shikcha.
I contended that the mitzva is the act of seeing what was forgotten and not going back to collect it, therefore it ...
0
votes
2
answers
117
views
Does וְאַל-תִּטֹּשׁ, תּוֹרַת אִמֶּךָ invalidate the Mitzvot-Exemption-for-Women: וללמדו תורה אבל לא האם and ותלמוד תורה and פריה ורביה?
How can Shlomo write in Mishlei 1:8b, וְאַל-תִּטֹּשׁ, תּוֹרַת אִמֶּךָ, "don't abandon the Torah of your mother" if the Mitzvah of teaching one's sons - וללמדו תורה אבל לא האם - and learning Torah -...
3
votes
1
answer
930
views
Is v'chai bahem a mitzvah?
The passuk says one should "do the mitzvos to live by them" (Vayikra 18:5), from which the Gemara (Sanhedrin 74a) learns that one, in general, must violate the mitzvos rather than die.
Is this a ...
12
votes
1
answer
340
views
Hiddur Mitzvah for a la'av - does it exist?
One of the reasons given for people having long peyos is because there is a prohibition to cut them very short and they are beautifying the mitzvah by letting then grow really long.
My thinking that ...
3
votes
0
answers
87
views
Were Benei Noach chayiv in Priah u'Reviah and Bris Milah before Sinai?
The Gemara in Sanhedrin 59a says that any mitzvah given to Benei Noach and repeated at Har Sinai, generally speaking, was given to both groups. Thus, both groups are given the issur of Avodah Zarah, ...
-1
votes
2
answers
109
views
This is regarding a Talmudic debate
Was there a debate in the Talmud regarding weather Klal Yisroel was still mechuyav Mitzvoth in Galus after the Churbun?
7
votes
2
answers
199
views
Reward and punishment for indirect mitzvot and averot
If I create something with a certain purpose, and it's used for another purpose (good or bad), do I have a share in the mitzvot or averot people made with my creation? I'll give three examples to make ...
6
votes
4
answers
584
views
Weighing mitzvot/aveirot
I apologize for the somewhat vague question; it was difficult to write. I would welcome any specific editing suggestions.
What matters in the calculation of a person's righteousness? Is it:
Number ...
5
votes
2
answers
362
views
Arba Misos Beis Din- 1 Mitzvah or 4?
Tosfos on Makos 2a (Kol Hazomemin) brings a Tosefta which says that if you can't give someone their destined Arba Misos (meaning the one their Aveira warranted), you can give them a different one, ...
12
votes
5
answers
234
views
Why can't we distribute mitzvah obligations around the community?
How do we know from the Torah that it would not be sufficient just to have some people doing davening, others doing negel vasser, others doing tzitzit, others doing hachnosas kallah, others doing ...
6
votes
1
answer
227
views
Practical עשה דוחה לא תעשה
There are a few examples frequently offered for the rule "עשה דוחה לא תעשה":
Someone whose garment has four corners and linen can nonetheless put wool tzitzis on it. This is unlikely nowadays, when ...
8
votes
2
answers
515
views
Are Noahides obligated in the commandment of Yibum?
Regarding the subject of Yibum (Levirate marriage), what is the source, if any, that this is also an obligation on a Noahide?
Many of the discussions on this Q&A site concerning Yibum connect to ...
7
votes
2
answers
262
views
Is there any point where לשבת יצרה no longer applies?
Yeshaya 45:18 says:
כי כה אמר יהוה בורא השמים הוא האלהים יצר הארץ ועשה הוא כוננה לא תהו בראה לשבת יצרה אני יהוה ואין עוד
... it (the world) was not created to be void, to be settled it was formed...
...
0
votes
1
answer
115
views
Are "Mitzva" and "Halacha" synonyms?
For the longest time, I've always treated them like synonym. Now, thinking back, I think I might actually be wrong. For a moment, I thought that a mitzva only referred to mitzvot d'oreita, but there ...
1
vote
0
answers
102
views
D’oraita Sources for Halacha
We often see that the author of a p'sak maintains that a ruling is d’oraita even in cases when there is no link to any of the 613 mitzvot listed by Rambam, etc. Must every halacha ruled as a d’oraita ...
1
vote
2
answers
321
views
Is failure to observe an impossible law absolved implicitly?
The Jewish Encyclopedia has an article about ceremonial law which says (emphasis mine):
The issue between Reform and Orthodoxy hinges chiefly upon the view taken of the ceremonial law; the ...
11
votes
4
answers
529
views
Why does "aseh doche lo saaseh"?
There is a halachic principle that עשה דוחה לא תעשה - when a positive and negative mitzvah conflict, we obey the positive one. The Talmud learns this out of pesukim, but what is the hashkafic/...
3
votes
1
answer
419
views
Who needs a fence around their roof?
I recently called an exterminator to remove a hornets' nest in a tree overhanging my roof. Since my roof is slanted, with no direct access to it, and it starts at about 9 feet off the ground and peaks ...
9
votes
2
answers
519
views
Who Commanded Us, and For What?
Whenever a Jew performs an activity that is mandated by the Torah, s/he recites the blessing that acknowledges God, "אשר קדשנו במצוותיו" (who sanctified us with his commandments), and who commanded us ...
7
votes
4
answers
327
views
Honoring parental requests that don't benefit the parents
If one's parents ask him to do something that is not beneficial to the parents in any way whatsoever (though not harmful to the parents, the child, or anyone else, either), is he nonetheless obligated ...
6
votes
3
answers
453
views
What is so special about being part of the 613 mitzvos?
There are arguments in the Rishonim about what the 613 mitzvos are. But even if you hold something's not part of the 613, it's still a mitzva, so what's so special if it is part of the 613?
2
votes
1
answer
227
views
Allowing the forbidden for the sake of a Mitzvah
There are a few mitzvot which are effected through the use of that which is specifically forbidden. The first two examples are of tzitzit being made from shatnez and the mei sotah being infused with ...