[Avodah] R Asher Weiss

Yaakov Moser ymoser at gmail.com
Fri Apr 13 05:50:30 PDT 2007


Daniel Eidensohn wrote:

> 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
>
>
>
>
I think that your ellipses (...) mislead as to the meaning of the 
passage. I will endeavour to quote more fully (albeit freely):

However if the Matzah belonged to both of them in partnership, and one 
grabbed from the other, then this is a stolen Matzah and is worthless. 
However, even according to the opinion that one gets a partial Mitzvah 
with less than the full amount, according to which we could say that it 
is better that each have a partial mitzvah rather than giving to the 
other and having no mitzvah - nevertheless it appears better that they 
should cast lots and one should have the entire Matzah (and mitzvah) and 
the other will have the mitzvah of allowing the mitzvah to be properly 
fulfilled (like Yisachar and Zevulun). It is clear that the reward of 
allowing a full mitzvah is greater than the reward for the fulfillment 
of a partial mitzvah. This is not like giving up on the mitzvah as it is 
done by lots - and [here is the quote you brought] even  'if the person 
is persuaded to voluntarily [ie without casting lots] give that which he 
owns to another - there is no problem with this'.

Thus it is clear that the case being discussed here is where each had a 
half matzah. However, to give up a full mitzvah for another would seem 
to be a problem, imho.

There is discussion there of covering the blood and Milah - but these 
are Mitzvot that can be done by a Shaliach - and not like eating Matzah 
which he himself has to do.

Shabbat Shalom

Jason

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