Tuesday, November 28, 2006
where failure to fulfill a din derabbanan negates a kiyum d'oraysa
The Pri Megadim (Pesicha haKolleles 3:8) questions whether in a case where the Chachamim added extra criteria to the performance of a mitzvah and one failed to meet those criteria, is the kiyum d'oraysa of the mitzva also negated? One of the proofs to this issue comes from the case of a small sukkah which can fit a person’s head and body but not a table – although this sukkah is kosher m’doraysa, Tosfos (sukkah 3, brachos 11) writes that since it is pasul m’derabbanan one would not get any kiyum d’oraysa by using this sukkah. This chakira perhaps explains the debate in the first Mishna in Brachos. The Chachamim hold that keri’as shema should be recited only until chatzos – even though m’doraysa the mitzvah can be fulfilled until morning, the Chachamim set up a safeguard so people do not delay performing the mitzvah and come to forget about it. When Rabban Gamliel’s children came home past chatzos from a party, they asked their father whether they should recite kerias shema or not. Explains the PM”G, even though one cannot gain a kiyum mitzvah d’oraysa done deliberately not in accordance with the parameters set up by the Chachamim, here R’ Gamliel’s children missed the cutoff of chatzos only b’ones, unintentionally. R' Gamliel's children argued that violating a d'rabbanan b'ones should not negate a kiyum d'oraysa. I would just add two points: 1) the qualification for situations of ones perhaps points to the fact that lo tasur cannot be violated b’ones (whether that is the pshat here is admittedly debatable); 2) perhaps one could distinguish between different types of dinim derabbanan – is violating a seyag the same as violating other dinim derabbanan? To borrow another case from the PM”G, if someone recites birchas hamazon but leaves out the term “melech” from the bracha, which fails to meet the bracha formula set by the Chachamim, is that parallel to the other cases?