[Avodah] Mitzvah Kiyumit

Micha Berger via Avodah avodah at lists.aishdas.org
Fri Oct 16 03:18:30 PDT 2015


On Thu, Oct 15, 2015 at 10:39:33PM -0400, Akiva Miller wrote:
: Are you saying that tefillin is a chiyuv d'Oraisa only once per lifetime?
: I've heard that before, but have not seen any evidence of it. Any
: citations? Are there any other chiyim which are only once per lifetime?

I assume you mean that aren't definitionally so. Like you can only have
your second child once in a lifetime. Or receive a beris milah.

: Some practical questions: If someone already wore tefillin once before, and
: puts them on again now, is it a Chiyuv D'rabanan...

Perhaps you lost sight of the subject line? The topic of tefillin came
up because I suggested it's a mitzvah wiyumis that is not a mitzvah
machshirah (the right way to do something, if you choose to do it --
eg shechitah or eating on Sukkos [after the first night]). Then, in
response to a post and an off-list email, I realized I was really saying
that like exceeding shiur in general is a mitzvah kihumis, giving daily
tefillin as an example.

For that matter, so would be spending extra on hidur mitzah.

Going beyond the minimum of the chiyuv, though, wasn't really what we
were looking for.

Then there is the machloqes as to whether yishuv EY is a mitzvah chuyuvis
or qiyumis. (I heard R' Eitam Henkin Hy"d has a nice discussion that
includes a wide survey, but I haven't found it. My Googling abilities
are much weaker in Hebrew.))

This disussion of mitzvah makhshirah vs mitzvah qiyiumis just brought
to mind Kant's hypothetical imperative (if you want to tie a knot,
you need to get some string) vs. caegorical imperative (what's morally
right, something you ought to do unconditional on trying to acheive a
particular goal).

Excvept that a mitzvah qiyumis isn't an imperative, as by definition
there is no chiyuv.


On Fri, Oct 16, 2015 at 03:39:46AM +0000, Brian Wiener wrote:
: Please elaborate on the highlighted portion.

R' Saadai Gaon has a teshuvah about whether it's yuhara for someone
who learns all day to put on tefillin, given that most people around
him didn't.

The Semag (asei #3) mentions the neglect.

Also, Tosafos (Shabbos 49a, "keElishah").

Even as late as the Kol Bo... The BY (EhE 65) quotes the KB as suggesting
that the reason why some chasanim don't put ashes on their head is because
the minhag didn't take hold or perhaps faded away in communities that
don't put on tefillin.

:-)BBii!
-Micha

-- 
Micha Berger                 Life is complex.
micha at aishdas.org                Decisions are complex.
http://www.aishdas.org               The Torah is complex.
Fax: (270) 514-1507                                - R' Binyamin Hecht



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