[Avodah] Geirut

Rabbi Y. H. Henkin henkin at 012.net.il
Tue Sep 23 07:46:58 PDT 2008


Shalom,

Thank you.

The Hebrew "kol ikar" in the Bach [transliteration mine. -micha]:
    Af al pi dekasav harav Rambam
    dekasher af al pi shelo hayah lesham qabalas mitzvos kol iqar,
    mihu Tosafos vehaRo"sh cholqin al zeh
    deqabalas mitzvos vadah me'akev
means "at all" and not as you speculated. (By the way, "l'sham" is with
a kamatz and is the Bach's way of saying "sham", see about 12 lines
further in the Bach--last line of p. 214b in standard editions.)

Also ShutTuv Taam veDaat , Telitaah, chelek 2 (and not as cited--will
anyone try to look it up?) no. 111, second teshuva, writes stam that
kabalat mitzvot is a "machshir" miderabanan and doesn't mention only
Rambam. Also see Bnei Banim vol. 2 no. 36 (1).

With Torah blessings,
Yehuda Henkin

----- Original Message ----- 
From: "Micha Berger" <micha at aishdas.org>

> RDE sent me some pages from Techumin 19 (5759) pp 115-138 "Bitul Giyur
> kesheQabbalas haMitzvos Haysah Pegumah" by R' Tzevi Lifshitz. ...

> Tosafos (Yevamos 45b "mi lo tovlah", Qiddushin 62b "geir"), Rosh
> (Yevamos
> 4:31), Tur (YD 268), SA (268:3):
>    QOM is not only mandatory, but requires being before 3 dayanim and
>    during the day.

> Rambam, according to the Ba"ch (YD 285 "vekhol inyanei"):
>    QOM is not meaqeves. [I argued here that the Ba"ch's "kol iqar"
>    means that some minimal form of QOM would be meaqeves.]

> Rambam, according to the shu"t Tuv Daas vaDaas, maharura tinyana 111:
>    QOM is meaqeves, miderabbanan

> Rambam, according to the Chemdas Shelomo (YD 29-30), (cf Achiezer (III
> #21), shu"t Bnei Banim (III 15; RYHH is CC-ed)):
>    QOM is meaqeves. However, informing him of some of the substance of
>    the mitzvos is only lekhat-chilah.
>    And at least according to the ChSh, it would mean that if the
>    person
>    went to the miqvah and we don't know what's going on his his head,
>    we assume QOM.

> Rambam according to R' Zolty (Qovetz TSBP 13 (5731) pg 37 "Dinei
> Qabbalas Geirim:)
>    QOM is a tenai necessary for geirus to be chal. It's not part of
>    the process of geirus, and yet is me'aqeves. ...



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