[Avodah] Clarification - Tallis Gadol Shev VeAl TaAseh

Rabbi Meir G. Rabi meirabi at gmail.com
Sun Dec 17 15:09:39 PST 2023


Reb Micha proposes that not removing a Tallis Gadol which has become Passul
is technically not violating a Lav, a negative prohibition, but is
passively sidestepping an Asei BeSheiv VeAl TaAseh.

I wrote, "Chief Rabbi Eliyahu Bakshi-Doron, writes that after Chasimas
HaTalmud, we have no power to make binding decrees and he illustrates this
with the ruling that one need not undress in a public zone in order to
remove ones Tzitzis that have become disqualified - as Chazal describe
it - Human
Dignity is so great that it eclipses a Torah Prohibition. Rabbi BDoron
argues that even where there is no issue of disgrace to Human Dignity because
it is the Tallis Gadol that has become disqualified, the decree remains in
force, one ought not remove the Passul Tallis.

Although Reb Micha correctly argues that an Issur DeRabbanan can trump an Asei,
like missing the Mitzvah of shofarbecause Chazal decreed not to blow Shofar
in order to avoid the risk that some uninformed people may violate Shabbos
in order to fulfil the Mitzvah of Shofar; this is not comparable to the
case of Tzitzis.

Not hearing Shofar is certainly being passive. Let's say someone is
embarrassed to leave their home and will therefore miss hearing the Shofar,
THAT is a Shev VeAl TaAseh. And it can be argued that Chazal
permit/encourage this person to not hear Shofar.

On the other hand, walking about, and some would argue, even remaining in
the same place, whilst wearing a garment that HKBH instructs MUST have
Tzitzis, is very far from being a Shev VeAl TaAseh.
Not pressing a button that with inflict an electric shock, is far from
being in any way equivalent to leaving one's finger on the button that is
activating that electric shock, no?

Leaving one's Tallis Gadol in place is indeed a far greater show of force than
missing TeKias Shofar and Rabbi BDoron's argument is very powerful, we do
not posses these days any power to issue halachically binding communal or
private decrees.
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