[Avodah] Mitzvah Kiyumit

[Zev Sero via Avodah]

On 10/27/2015 05:32 PM, Micha Berger wrote:
> 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."

Is the issur of haba al arusato mishum penuyah?!   I thought it was a
separate issur (miderabanan).   Because she's *not* a penuya; on the
contrary, to everyone but the chatan she's even worse than an eshes ish,
an issur skilah rather than chenek.  Min hatorah I would think that even
according to the Rambam there is no issur with her husband.  It being
derabanan would also fit in with there being a bracha for it.


> I am still wondering why the three clauses. If it's on the issur,
> then "vehitir lanu..." isn't me'ein hachasimah.

It is me'ein hachasima.  It delineates the extent of the issur: it
begins now, and will end at the chuppah.   These aren't three random
clauses.  It starts with the general command on all arayos, focuses
on the specific ervah that has come into existence now, and says when
it will end.

-- 
Zev Sero               All around myself I will wave the green willow
zev at sero.name          The myrtle and the palm and the citron for a week
                And if anyone should ask me the reason why I'm doing that
                I'll say "It's a Jewish thing; if you have a few minutes
                I'll explain it to you".