[Avodah] Gid Hanasheh

[Micha Berger]

On Sat, Dec 10, 2011 at 06:16:40PM -0500, Henry Topas wrote:
: We have an issur of gid hanasheh which is from this morning's parshah.
: 
: However, the construct of most lavin are those misinai with some
: exceptions, mostly related to the korban pesach which predates sinai.

See also Sanhedrin 59a-b.

R' Simlai's prooftext for 613 mitzvos is "Torah tzivah lanu Moshe",
where "Torah" = 611, and the first 2 mitzvos in the 10 Diberos were
directly from HQBH. So the Rambam concludes that all the mitzvos must
be miSinai.

According to the Rambam (peirush on Chulin 7:6) the rule is that all
mitzvos given before Sinai and not repeated (except when Hashem dictated
the text describing the first act of commanding) are for Benei Yisrael
only and not benei Noach. Those that are repeated belong to all people.

This is counter-intuitive, although I think the question I asked above
points toward a possible resolution. Anything given only in Bereishis
or early Shemos is like any mitzvah. However, by repeating the mitzvah,
it implies that the telling in Bereishis was for a different reason than
the normal tzivui -- the tzivui to all people.

Alternatively, we are the inheritors of the spiritual legacy of Adam,
Noach, the Avos, and the generations up to Sinai. Therefore a tzivui
to them devolves to only being to us. If the tzivui is to Noach qua
ancestor of Jews, there would be no need to repeat it during the beris
Sinai. However, if it's to all his children, then it's in the beris
Noach and need repetition for beris Sinai.

Less quoted is Rashi's position that the mitzvos accumulated over
time.

Tir'u baTov!
-Micha

-- 
Micha Berger             A sick person never rejects a healing procedure
micha at aishdas.org        as "unbefitting." Why, then, do we care what
http://www.aishdas.org   other people think when dealing with spiritual
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