[Avodah] violating a lav to perform a mitzva

[Chana Luntz]

Now sent with correct heading


RSP writes:

> on areivim it was stated
> 
> "admittedly, one is permitted to free a slave in order to
> perform a mitzvah, even a rabbinic mitzvah like constituting a minyan"
> 
> how does this fit w/ mitzva ha'baah b'aveirah.  Based on the
> gemara in sukkah (a stolen lulav can not be used for the 
> mitzva of lulav) this strikes me as strange....
> 
> what are the parameters of the above statement?

As RZS has stated, the freeing of a slave means one is over on an aseh -
the relevnt siman is Yoreh Deah siman 267 si'f 79 where that is made
very clear.  How far this extends, ie when you can be doche an aseh to
accomplish a mitzvah - well Rav Moshe has a tehuva regarding being docha
the rabbinical aseh of the shiva nekiim in order to fulfil pru u'rvu (ie
the Torah mitzvah, assuming the woman cannot conceive any other time)
and holds that while one can be doche a Torah mitzvah, that is not
necessarily true of a rabbinical mitzvah (he also brings examples which
seem to me to be discussing laviin, such as issurei shabbas ir order to
perform an aseh, but I may be misunderstanding the examples, as the
discussion purports to be about two mitzvos aseh, rabbinic and d'orisa).
I confess, since having read this teshuva, I find myself constantly
finding examples where I end up saying  - but isn't this another case
where there seems to be an assumption that if we are doche a Torah
mizvah, a rabbinic mizvah kama v'kama, but anyway - you are more than
welcome to join me on my hunt.  

Of course the aseh doche lo ta'ase  versus the mitzvah haba b'averah
discussion is also very interesting, but not actually what we are
discussing here.

Regards

Chana