[Avodah] Chaya Livsumei

[Isaac Balbin via Avodah]

In the words of Mori V'Rabbi Rav Schachter in Torah Web on "Torah
and Nevuah"

"The generally accepted approach today is that which was offered by
Rav Soloveitchik over sixty years ago (see Divrei Hagos V'Ha'aracha,
pg. 66. See Minchas Yisroel, by Rav Yisroel Shurun, pg. 22). "Ho'over
al divrei novi" only applies to one who violates a hora'as sha'ah. One
who would leave over some mohn until the morning, in violation of
the instructions of Moshe Rabbeinu, would indeed deserve misa beydei
shomayim. But the "mitzvos", with a binding force for all generations,
and which were only given by Moshe Rabbeinu, are not included in this
category. They have their own system which has its own hierarchy of
punishments. "Over al divrei novi" applies only to one who violates a
"dvar nevuah". Some of Moshe Rabbeinu's instructions were "divrei nevuah",
while most were elevated to the level of "divrei Torah" and "mitzvah"
because of their binding force for all generations

In the first half of the Sefer Hamitzvos, Rambam postulates what he
considers the fourteen principles which he feels determine whether
any given commandment deserves to be included in the list of the
613 mitzvos. His third guideline is that only obligations which apply
throughout all the generations are considered mitzvos. This principle is
rooted in the passage of the Toras Kohanim cited in the Rashi beginning
of Parshas Tzav.

In his commentary to the mishnayos (end of Sanhedrin), Rambam lists what
he considers are the thirteen principles of our faith. We believe in
prophecy. It is possible for G-d to communicate with man. We also believe
that the prophecy of Moshe Rabbeinu was on a higher level than that of
any of the other prophets. What does this mean? Is Rambam grading the
prophets? If Moshe Rabbeinu gets an A+, what does Micha get? And what
grade does Chavakuk deserve?

No, this is not a matter of grading Moshe's prophecy. What Rambam means to
say is that the only prophet who was ever given mitzvos (with a binding
force for all future generations) was Moshe Rabbeinu. His was the only
prophecy that was on the level of Torah.

This point is spelled out explicitly in Rambam's commentary to mishnayos
Chulin at the end of Gid Hanoshe. Even the mitzvos of milah and gid
hanoshe which were given to Avraham Avinu and to Yaakov Avinu are not
binding today because of Avraham's prophecy, or that of Yaakov; but
rather because these commandments were given again later on to Moshe
Rabbeinu. Only then did they acquire the status of "mitzvos". Before
ma'amad har Sinai, milah was only a "dvar nevuah", and one who would
not fulfill this obligation would deserve misa beydei shomayim. This
explains the incident recorded in Parshas Shmos, where the angel came to
kill Moshe for neglecting to perform the milah of his son. At that time
milah was not yet (strictly speaking) a mitzvah, and as a "dvar nevuah"
one who would violate it would have the status of "over al divrei navi".

 Moshe Rabbeinu was the only prophet who was given what we technically
 refer to as "mitzvos", commandments which are binding throughout all
 the future generations, because they constitute the description of G-d's
 essence, which is not subject to change. None of the prophets were ever
 shown "the image of God", i.e., were never given "mitzvos". They were
 only given a "hora'as sha'ah", of a temporary nature only. There will
 always be instances where there will be a clash between two contradictory
 mitzvos. Life is always full of conflict! The world is always full
 of contradictions! Much of the halachic literature deals with how to
 resolve halachic conflicts. We must follow halacha even when it appears
 to us to be unethical or immoral. The Holy One who implanted within us
 the sense of ethics and morality is the same One who commanded us to
 follow His halachos, even if we don't understand them."

Esther said Kisvuni L'Doros, and the Sanhedrin Paskened that it be part
of Ksuvim. The Sanhedrin is an outcome of Moshe's Torah. Hence the word
Chiyuv. If it was Nhagin, we say Nohagin. That an Amora said it doesn't
mean that he made a Psak. Perhaps he was transmitting the series of
actions the Sanhedrin made a Takono for as he heard it, and as such we
have a Chiyuv. Punishment is another category which may or may or not
apply. It could be that if you didn't do it you were transgressing a
Takono/Psak and what that entails. Los Sosur? They left it subjective
clearly. There isn't a Chazon Ish or R' Chaim Naeh shiur about how much
you have to drink. Each according to what affects him effectively?