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1378 – Tenaim in Asiyas Hamitzvos – (Klal 68 Siman 1) – Ain Maavirin Al Hamitzvos 9

D'var Halacha
D'var Halacha
1378 - Tenaim in Asiyas Hamitzvos - (Klal 68 Siman 1) - Ain Maavirin Al Hamitzvos 9
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 We have finished siman 1, and are discussing some points brought in the sefer Nasiach Bechukecha which are not addressed by the Chayei Adam.

The final point he raises regards a conflict of two mitzvos in which A is more tadir and B is less tadir. We have learned that tadir supersedes ain ma’avirin, and one would perform mitzvah A even if he encountered mitzvah B first. However, we need to clarify the halacha is one mistakenly began performing mitzvah B first.

 One of the places this question plays out is on Rosh Chodesh Teves which is also Chanukah. The correct order of krias hatorah is to lain Rosh Chodesh first and Chanukah second, because Rosh Chodesh is more tadir than Chanukah. However, if the Chanukah Sefer Torah was mistakenly placed on the bimah first, the question becomes whether the shul should continue with the Chanukah laining, or whether they should switch the Sifrei Torah.  

(Chazal were generally concerned with replacing a Sefer Torah in such a situation, due to the possibility that people will incorrectly conclude that the first Sefer Torah was removed because it is pasul. However, the Mishnah Berurah points out that we are not concerned in this situation, because it will be used in just a few minutes.)

The Rema paskens that one should switch the Sifrei Torah in this case. The Taz argues strongly against the Rema, and the Mishnah Berurah concludes that as long as the first oleh has not begun the bracha (i.e., even if they recited barechu es Hashem, but as long as they have not begun the bracha component of baruch ata Hashem . . . asher bachar banu), the Sifrei Torah should be switched. (Barechu is just an invitation to praise Hashem, so if they catch the mistake during barechu the Sifrei Torah can be switched, because they have not yet begun performing the mitzvah.) 

Thus, we can conclude from the Mishnah Berurah that once one has begun a less tadir mitzvah, they should continue with it to completion and should not switch to the other mitzvah.

 We can also learn from here a possible definition of pagah. Be’ezras Hashem, we will apply this halacha to tefillin in the next shiur.

 

Summary

  • Although we have learned that a mitzvah which is more tadir supersedes a mitzvah encountered first, once one has begun a less tadir mitzvah, they should continue with it to completion and should not switch to the other mitzvah.

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