[Avodah] R Asher Weiss

Daniel Eidensohn yadmoshe at 012.net.il
Fri Apr 13 10:13:55 PDT 2007


Yaakov Moser wrote:
>> If one of us and the gadol hador were on a desert island and there were
>> only one kzayit of matzah available for pesach and it was our property,
>> Hashem would get more nachat ruach if we gave it to the gadol hador to
>> be mkayem the mitzvah (and we should act as such - although iiuc we
>> would not be compelled to)
> This would seem to me to be a problem with "passing over Mitzvot" (Ein 
> Me'avirin Al Hamitzvot), which is Mede'oraita, at least according to 
> many (based on the Tosfot in Yoma 33a). We sometimes allow a person to 
> delay a mitzvah if they are going to perform it in a more complete or 
> beautiful manner later - but to give up a mitzvah so another person 
> can keep it..? And who knows the reward for a Mitzvah - how can we say 
> which is more important? In a case such as this I am sure we cannot 
> judge what gives Nachat Ruach to Hashem.
> This is a Mitzvah which a person has to keep for themselves - the 
> person with the Matzah has the Mitzvah of eating the Matzah, and the 
> Gadol HaDor is anus.
>
This issue is discussed in detail in the Shaarei Tshuva 482:2 "The Beis 
Yehuda has the case of two people who are in jail or in the desert and 
they only have 1 kezayis of matzoh - who takes precedent? He concludes 
that they should fight it out....The case is apparently one where the 
matzoh is hefker since your needs take precedent over that of 
others....We see also how Boaz manipulated the situation so he could 
marry Ruth since he knew who her descendants would be.... And even 
though it is prohibited to deceive people but that is in monetary 
matters but regarding mitzvos even though one can not take with force 
from someone who has it. But if as long as the other hasn't gotten the 
mitzva it is like the desert which is hefker to all those who have the 
commandment and want to perfect their soul. This is also what happened 
with Yaakov and the right of the first born... However if the person is 
persuaded to give that which he owns to another - there is no problem 
with this."

I asked Rav Shlomo Zalman Auerbach why it was necessary to fight when it 
was hefker but it was permitted to give away the mitzva if you own the 
matzoh. He replied that it was obvious. If it is hefker and you let the 
other have it - you are mevazeh the mitzva. It shows you don't care. But 
if it is yours and you want to help another do the mitzva by your 
generosity there is no bizoi mitzva.

Daniel Eidensohn






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