Over Shavuos I dabbled a bit in the Sefer haMitzvot of the Rambam, which Rav Kook recommended learning on leil Shavuos. Two quick observations:
mitzvas aseh 52, the Rambam writes that, “This commandment is that each man,
together with each male child capable of walking on his own, must travel to the
Temple…” (translation taken from the Chabad website). The Rambam in S”hM usually seems to give just
a bare bones formulation of each mitzvah.
Why then would he include here that “each male child” must be brought on
aliya la’regel? That's just a din in
chinuch, not part of the mitzvah d’oraysa of aliya laregel (see Rashi Chagiga
2a d”h eizehu katan)?
mitzvas aseh 73, the mitzvah of viduy, which we read in last week’s parsha, after
proving that viduy must be said even outside the context of bringing a korban, the
Rambam quotes another derasha from Chazal: “We still only know of the
obligation of vidui in Israel. How do we know it applies even in exile?
This we learn from what Daniel said, 'They will then recite vidui for
their sins and the sins of their fathers,' and from the verse, 'To You, G‑d,
there is charity, and to us there is shame' " (again, translationfrom Chabad). This is a very interesting
hava amina. The mitzvah of viduy is a
mitzvah sheb’gufo. Why would we even
entertain the thought that it applies only in Eretz Yisrael? (Were the mitzvah to do teshuvah, I would say
it by definition it entails coming closer to Hashem, and that can only fully be
achieved in Eretz Yisrael. But the
Rambam formulates the mitzvah as viduy – not teshuvah – and so I think that
argument is a little harder to make.)