Wednesday, October 24, 2007

a lav and aseh which work together - yom tov

To add one further point to the previous post, Tosfos quotes Shabbos 25 which prohibits lighting oil of terumah t’meiah on Shabbos or Yom Tov. Even though burning kodshim for disposal is a mitzvas aseh, an aseh cannot be doche Yom Tov which is an aseh + a lav. Asks Tosfos: why can’t women, who are not obligated in the aseh of Yom Tov because it is zman gerama, use this oil for hadlakas neiros – since they are only obligated in the lav of Yom Tov, we should invoke aseh doche lo ta’aseh. Tosfos’ question clearly assumes that the aseh and lav or Yom Tov are treated as separate independent elements.

Tofos answers that since the lav of Yom Tov is conjoined to an aseh, it indicates (is a siman) that this lav is stronger than other lavim and cannot be pushed off by an aseh. Not quite the sevara of the Ramban, but close. According to Ramban, the answer is much simpler: since the aseh is associated with a lav, the two function as a single unit. Since women are always obligated in the lav of Yom Tov, the aseh always tags along as well.

1 comment:

  1. anon19:37 AM

    There is a brilliant Pnei Yehoshua in Beitzah that answers this question. He basically proves from a number of instances -- including this one -- that women are mechuyav in mitzvos asei sheha-zeman gerama where it is shev ve-al taaseh (and the limud from tefilin in kiddushin was only for mitzvos kum va-aseh). This approach answers a number of questions. E.g., minchas chinuch asks by YK according to the shitos that the inuyim other than eating/drinking are deoraysa and are learned from shabason or teanu es nafshocheichem -- why are women chayavos -- isn't it a mitzvas aseh shehazeman gerama? The MC asks a similiar question for issurei shmitah based on the aseh of vehashiviis tishmetenah that are not included int he lav. The answer, based on the PY, is clear -- women are chayavos in zman gerama where it is shev ve-al taaseh. Ve-yesh le-haarich ve-ein kan mekomo.

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