[Avodah] Mitzvah Kiyumit

Micha Berger via Avodah avodah at lists.aishdas.org
Tue Oct 27 14:32:29 PDT 2015


On Tue, Oct 27, 2015 at 04:02:15PM -0400, Akiva Miller wrote:
: In case it wasn't clear from my previous post, it is immediately after
: birkas erusin that the newly married couple begins observing their issur
: against relations with each other. I would think that this qualifies for
: "oveir la'asiyasan". [This doesn't prove it to be a birkas hamitzva, but it
: does remove one objection against it.]

See Seifer haMitzvos, lav #355. The Rambam counts bi'ah before nisu'in
as a lav, but the Raavad objects and says it's an issur asei. Progress!
BUT, said issur does not begin with eirusin, and therefore (as I wrote
earlier based on deduction) not specific to the chasan -- it would
include haba al penuyah. "Al techaleil es bitekha leznosah."

I am still wondering why the three clauses. If it's on the issur, then
"vehitir lanu..." isn't me'ein hachasimah. But anyway the beraisa says
that birkhas hamitzvos do not have a separate chasimah. (See bottom
of Berakhos 46a)

And why isn't the husband saying it for himself?

As I said, the Rosh makes more sense to me, but I can't deny the Rambam
exists. I just don't understand what he does here. It would be a berakhah
on a lav, with a chasimah, with a mei'ein hachasimah that doesn't fit the
iqar point (birkhas ha'eirusin mentioning a heter that starts at chupah),
being made by someone other than the mechayav even though he can equally
say it himself... A very very unique birkhas hamitzvah.

Tir'u baTov!
-Micha



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