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1481 – Tenaim in Asiyas Hamitzvos – (Klal 68 Siman 25) – Additions 1

D'var Halacha
D'var Halacha
1481 - Tenaim in Asiyas Hamitzvos - (Klal 68 Siman 25) - Additions 1

We have finished Klal 68. The Sefer Nasiach Bechukecha, which is a peirush on our Klal, adds some other concepts not discussed by the Chayei Adam. We will list them and clarify them briefly. 

  1. Mitzvos la leihanos nitnu. The Gemara applies this concept to where Reuven makes a neder that he will not give benefit to Shimon. Reuven is not allowed to give any monetary benefit from Shimon. However, Reuven can help Shimon fulfill a mitzvah, because the primary function of mitzvos is not for the benefit received but to serve Hashem. We look at the primary function of the mitzvah, and any material benefits are subsumed under it.
  2. Chatzi shiur. Regarding a lo saasei, the Torah gives a minimum amount necessary in order for the punishment of lo saasei to apply. For example, malkus for eating non-kosher are only applicable if one eats a kezayis of non-kosher. Nevertheless, Chzal learn out that even less than a kezayis is still assur on a Torah level. This issur is known as chatzi shiur. 

This concept may be applied to mitzvos asei as well. For example, whether one who only has half a kezayis of matzah can fulfill their chiyuv on Pesach.

  1. Safeik. We know that safeik deoraysa lechumra and safeik derabanan lekulah, although there are some exceptions. 
  2. Taaseh velo min ha’asui. There are certain mitzvos where the item used for the mitzvah must be deliberately made, and cannot have come into its existence in a negative way. For example, if one has a large pile of straw, they cannot dig out a hole to make a sukkah, because the s’chach was not deliberately placed but came into existence on its own. This concept comes up regarding the kesivah of STA”M products as well; however, it seems to be more of a specific rule to these few mitzvos rather than a general idea.
  3. K’susei michsas shiurei. An item which the Torah commands us must be destroyed, such as an asheira tree used for avodah zarah, is considered to have no existence even before it is physically destroyed. Thus, if it is used for a mitzvah purpose, the mitzvah is not fulfilled, for it is considered as though the mitzvah was never performed, since the item used does not exist.
  4. The ability to help others fulfill a mitzvah obligation after one has already fulfilled it themselves. We will discuss this concept in the next shiur, be’ezras Hashem. 


In addition to the concepts discussed in this Klal, there are a few other mitzvah concepts of note:

    1. Mitzvos la leihanos nitnu;
  • Chatzi shiur;
  1. Safeik;
  2. Taaseh velo min ha’asui;
  3. K’susei michsas shiurei
  4. Being motzi someone in a mitzvah that you have already been yotzei

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