Sugya #1 Osek B Mitzvah Patur Min HaMitzvah

Transcription

1 Sugya #1 Osek B Mitzvah Patur Min HaMitzvah 8/30/17 Mishna 25a -> Shluchei Mitzvah are Patur from Sukkah, as are those who are ill and their attendants. - Rashi DH Shluchei Mitzvah -> those going on the way to the Mitzvah; such as going to learn Torah, to be Mekabel Pnei Rabbo, or to do Pidyon Shevuyim - Rashi DH Peturin Min HaSukkah -> even when they are resting o Aruch LaNer (DH Peturin) -> one way that Rashi knows this is that the Mishna groups together Shluchei Mitzvah and ill and their attendants just as ill and their attendants are Patur both by day and by night, so too Shluchei Mitzvah are Patur both by day and by night 1 Gemara about Mekor for Osek B Mitzvah 1. Question: What is the source for the Din of Osek b'mitzvah Patur Min ha'mitzvah? Answer: The Beraisa learns from בביתיך בשבתך that one who is doing a Mitzvah is Patur from Shema, and from בדרך ובלכתך that a Chasan is Patur o Gemara in Berachos quotes Drasha by Shema but in the opposite order 2. Question: How does this Pasuk infer an exemption to the Osek B'Mitzvah? Answer (R. Huna): The word Derech implies that the obligation is only upon one who is traveling for his personal needs, not for a Mitzvah. 3. Question: But surely Derech can also refer to (and obligate) one who is travelling for Mitzvah needs!? Answer: The suffix of Uv'Lechtecha implies personal travel, not Mitzvah travel. 4. Question: Then one who marries an Almanah (a Mitzvah) should also be exempt!? Answer: He is not preoccupied as is one who marries a Besulah. 5. Question: If every preoccupation creates an exemption, then one who is in sorrow over his financial loss should be similarly exempt!? o Answer: Perhaps this is true. Question: But we know that a mourner is obligated in all Mitzvos except Tefilin (based on the Pasuk in Yechezkel which refers to Pe'er)? Answer: A groom is exempt due to his preoccupation with a Mitzvah. 6. Question: But the source for the exemption of Osek B'Mitzvah is learned from the exemption from Korban Pesach given to those who were involved in the Mitzvah of burying Nadav and Avihu!? o The Beraisa asks who were those who were Tameh and unable to bring the Korban Pesach such that they were given Pesach Sheni? (R. Yosi ha'gelili): The pallbearers of Yosef ha'tzadik. (R. Akiva): Mishael and Eltzafan, who buried Nadav and Avihu. (R. Yitzchak): These should have been able to use the Parah Adumah and become Tahor in time to bring the Korban!? Rather, they were dealing with a Mes Mitzvah, and the 1 Q: what does this have to do with Shaas Chaniyasan -> the attendants to an ill person are actually being involved with their charge, but by Shaas Chaniyasan they are not involved with their charge at all? Possible A: if the Mishna s grouping was only trying to teach me that Osek B Mitzvah applies at night when the person is actually doing the Mitzvah then the Mishna wouldn t have needed to say anything because I would have no reason to assume otherwise; rather the Mishna must be telling me that Osek B Mitzvah applies at night, even in a case that you would have assumed would not be Patur, and that case must be Shaas Chaniyasan

2 seventh day of the Taharah occurred on Erev Pesach, so they were unable to participate in the Korban that day. Answer: We need both sources (Pesach and Krias Shema). o From Pesach alone we might have exempted only one who became preoccupied prior to the arrival of his obligation (as they became Tameh before the Pesach could have been brought). o From Krias Shema alone we might only exempt one from an obligation which does not carry a Kares. Rebbi Q: why not say that Tzricha is that in one case you re doing something but in the other case you re merely Tarud? Pnei Yehoshua -> Q: why is this the place where Osek B Mitzvah is introduced? A: most times where one doesn t do a Mitzvah it is done passively, but I would have thought that since over here you are actively not doing a Mitzvah you should be Chayiv, KM L that it even applies by Sukkah - Rabbi Akiva Eiger -> not eating in the Sukkah is really only a Bitul Aseh so it s just like any other Osek B Mitzvah 2 o Aruch LaNer (Sham) -> the Mishna is teaching Osek B Mitzvah here to teach me the Chiddush that Osek B Mitzvah applies when they are resting and not physically doing the Mitzvah Rashi DH Chasan Tarud -> בדרך" "ובלכתך is teaching me that a person doesn t have to remove his thoughts from the 1 st Mitzvah in order to do this other Mitzvah that came up, but rather he should be totally focused on doing the 1 st Mitzvah properly 3 - Rashi DH Tarid -> it s Mestaber the Torah was Patir him from other Mitzvos because he is Tarud in the 1 st one and won t be able to do both of them o Mordechai ראבי"ה -> (סימן תש"ם) the reason why Shluchei Mitzvah are Patur from from Sukkah is because since proper sleep helps one perform Mitzvos better the next day 4, that is also called Osek B Mitzvah so they don t have to sleep in the Sukkah This could be a justification for the Minhag of the Rama not to sleep in the Sukkah -> since one will be unable to perform the Mitzvos properly the next day one would be Patur because of Osek B Mitzvah Rashi DH Shluchei Mitzvah - Ohr Sameach (Hilchos Talmud Torah 1:2) -> Q: how can Rashi say that Talmud Torah is Patur from Mitzvos the Gemara in Yerushalmi says that one of the Amoraim stopped learning in order to build a Sukkah; why does walking to a Rebbi make you Patur from other Mitzvos but actually learning does not make you Patur?! A: ר"י מקרוביל (Tosafos in י"ז. (כתובות -> even though Kevuras HaMes is Doche learning, still Shimush Talmidei Chachamim is greater than actually learning and therefore Kevuras HaMes is not Doche learning; therefore learning by yourself still makes you Chayiv in other Mitzvos, but Shimush Chachamim is so important that is enough to make you Patur 5 - Some have the Girsa of L lamed in Rashi -> if this Girsa is correct then we can answer the Q of the Ohr Sameach based on a Rosh in the second Perek of Berachos 2 Meaning, that Osek B Mitzvah does not apply when you have to actively violate the Mitzvah 3 Don t say I ll do the 1 st Mitzvah quickly and less thoroughly in order to chap the other Mitzvah also 4 Rebbi pointed out from this ראבי"ה that one should be careful to get a good night s sleep every night 5 Q: not sure why this should make a difference

3 o Rosh -> teaching is so important that one can skip the rest of Kriyas Shema besides for the first Pasuk Since he is going to teach we can plug in the Klall of Osek B Mitzvah Problem is that when Tosafos quotes Rashi they don t have this Girsa - Gemara Megillah -> Mevatel Talmud Torah for Megillah o Rashash -> Q: but isn t Megillah = Talmud Torah?! A1: (?); A2: the Gemara is talking about a Rebbi who is teaching -> since Megillah is very important (i.e. Pirsumei Nisa B Rabim) one is not Patur, but for all other Mitzvos a Rebbi is Patur Minchas Asher (Sefer Vayikra, -> (סימן סג 4 explanations of Rashi: 6 1. In order to apply Osek B Mitzvah the person has to be Osek in a נמשך,מעשה but since by Talmud Torah each moment is its own separate Mitzvah 7 it turns out that you when you stop learning you aren t breaking up the Mitzvah 8 so then we won t say Osek B Mitzvah; however, since walking to shiur is a מעשה נמשך we will say Osek B Mitzvah o This cannot be correct because there are two parts to Talmud Torah -> saying the actual words and Havanas HaDevarim Granted that in terms of saying the actual words it s not a נמשך,מעשה but Havanas Devarim is a מעשה נמשך because if I stop learning to do something else I lose my train of thought and therefore we should apply Osek B Mitzvah, הלומד שלא על מנת לקיים נוח לו שלא נברא.2 The Yerushalmi (Berachos, Daf (8 says that therefore certainly one would have to stop learning in order to do Mitzvos since if he wouldn t then he would fall under the category of HaLomed She Lo Al Menas L Kiyaim o Q: but according to this, then certainly one who is walking to learn Torah should be Chayiv in other Mitzvos -> if learning Torah, which is the actual Mitzvah, isn t strong enough to make you Patur from other Mitzvos, then certainly walking, which is only a Hechsher Mitzvah, shouldn t make you Patur from other Mitzvos!? A: the Yerushalmi doesn t mean that Talmud Torah is Tafel to being MiKayem Mitzvos, but rather that in order to be Yotzei the Mitzvah of Talmud Torah it must be done and therefore one who is actually learning isn t Patur because doing ; ללמוד ע"מ לקיים Mitzvos is actually part of Talmud Torah 9, but walking to learn would just be like any other Osek B Mitzvah so he would be Patur 10 However this doesn t seem to be Pashtus in the Yerushalmi 3. Answer of the Ohr Sameach (above) o?ר"י מקורביל Q: what is Pshat in the A1: there are 2 parts to Talmud Torah -> ע"מ לקיים,ללמוד and Torah Lishmah 11 ; when I m learning by myself then I m only learning in order to know how to do the Mitzvos and this form of Talmud Torah is not strong enough to make you Patur in other 6 Meaning, you would have to stop doing one thing and do another עיין שנות אליהו בריש מסכת פאה 7 8 Since the Mitzvah stops every time, you re not making a Hefsek in the Mitzvah by doing another Mitzvah 9 So really it s as though he never stopped his learning at all 10 I think that Rav Asher means to say that by actual learning the whole Shayla of Osek B Mitzvah never gets off the ground since Kiyum HaMitzvos is part of the Mitzvah, but walking to learn is like any other Mitzvah so we will say Osek B Mitzvah; Q: I don t understand how this answers anything -> if the actual Mitzvah doesn t make you Patur, then certainly the Hechsher Mitzvah shouldn t make you Patur?! 11 Chasam Sofer (Chiddushim, Nedarim פא Rav /(דף Chaim Volozhiner (Nefesh HaChaim, Shaar 4) -> Torah Lishmah means that the only reason why I m learning is in order to think in Torah, to understand it better, and that this is (מצוה תי"ט) Ratzon Hashem (A K); the Lashon of the Sefer HaChinuch seems to imply this also

4 Mitzvos, but Shimush Chachamim 12 is Torah Lishmah 13 and this form of Talmud Torah is strong enough to make you Patur from other Mitzvos It s hard to say that the Halacha of being Mevatel T T for Mitzvos only applies when one is merely learning Halacha Peshuta A2: Rambam (Hilchos Ishus, 15:2) -> if someone is Osek B Torah and is afraid to get married since that will cause him to learn less Mutar to delay marriage because of Osek B Mitzvah (A K), Q: the Gemara says many times that we don t apply Osek B Mitzvah by T T and the Rambam himself codifies this (Hilchos T T 3:4)?! A: we only say No Osek B Mitzvah by T T when the other Mitzvah only causes me to be Mevatel time for learning 14, but when doing the other Mitzvah causes you to be unable to learn at all/become a Talmid Chacham כללי") ("ביטול then obviously we will apply Osek B Mitzvah 15 This can also explain the ר"י מקרוביל -> since Shimush Chachamim helps you understand the Torah better 16 we will apply Osek B Mitzvah So too by Rashi -> since walking to learn helps you become a Talmid Chacham since the end result is learning, that is enough to apply Osek B Mitzvah (best answer) we only apply the Klall of Osek B Mitzvah by a Mitzvah Mikreh 18, but we don t apply this Klall when we re dealing with a Mitzvah Timidis since this will cause one to never do any of the Mitzvos 19, but walking to learn is the same as walking to do any other Mitzvah and therefore will cause one to be Patur from other Mitzvos through Osek B Mitzvah Tosafos DH Shluchei Mitzvah -> Q: if you re able to be מקיים שניהם then why should you be Patur from the other Mitzvah? A: Gemara Nedarim (32b) someone who is Moder Hanaah from another person can do Hashavas Aveidah with that person (the person making the Neder giving the item to the person לא the Neder is going on), because even though he benefits from Perutah D Rav Yosef 20 since it s so it s not a problem (A K), if you tell me that whenever the Aveidah is in my house I m Patur then שכיח how can you say שכיח לא -> it s very common to come begging at people s door, rather it must be that you re only Patur if the Ani comes at the exact time that you re really involved in the object, and that really is uncommon; so too here by Sukkah if you would be forced to fulfill Mitzvas Sukkah then you would be forced to be Mevatel from the Mitzvah you re currently dealing with 21,מקיים שניהם - Tosafos seems to hold that Osek B Mitzvah does not apply when you re able to be and therefore had to say that the case in the Gemara is where it s impossible to do both 12 Walking to shiur is included in this 13 A Rebbi isn t just teaching Dinim, but he s teaching you Derech HaLimmud and how to understand Torah better 14 E.g. when I m davening I m unable to learn, but once davening is over than I can go back to learn 15 In the Rambam s case the person is afraid that his wife will cause him to be unable to learn because of familial obligations 16 i.e. to become a Talmid Chacham 17 Q: I don t understand how this answers anything -> if the actual Mitzvah doesn t make you Patur, then certainly the Hechsher Mitzvah shouldn t make you Patur?! 18 A Mitzvah that only happens from time to time -> e.g. Lulav, Tefillin, Hashavas Aveidah, etc. 19 This is why we don t apply Osek B Mitzvah by T T -> T T = Mitzvah Timidis 20 Rav Yosef holds that if I m doing Hashavas Aveidah and an Ani comes to my door that I don t have to give him anything 21 Tosafos seems to be understanding the Gemara in Nedarim as dealing with a case where if you had to give the Ani money then you wouldn t be able to do Hashavas Aveidah properly

5 - Tosafos also implies that Osek B Mitzvah applies even when you re not directly being Osek in the Mitzvah o Since in Tosafos answer the Shluchei Mitzvah are not being Osek in the Mitzvah Ran DH V Ika L Meidak -> Osek B Mitzvah applies even in a case where you are able to do both Q: what about the Gemara in Nedarim? A: obviously if the object is just sitting in his house that he we would be Chayiv to give the Ani money because Osek B Mitzvah only applies when he is directly involved in the object and here he is not, and the case in Nedarim must be a case where he is directly involved in the object since that case is uncommon; but since the Gemara says that he s Patur even though it is אפשר לקיים שניהם we see clearly that even in such a case Osek B Mitzvah applies 22 Chakirah -> are you actually Patur or are you only Patur because of Oneis 23,אי אפשר לקיים שניהם 22 The Rayah from Nedarim is only a good Rayah if you assume that the case is where it was but if you don t learn the Gemara that way then the Gemara in Nedarim does not preclude Osek B Mitzvah by אפשר לקיים שניהם 23 Meaning, are you fundamentally Chayiv but something is getting in the way (i.e. Oneis), or are you not Chayiv at all