[Avodah] Shev VeAl TaAseh

[Micha Berger]

On Sat, Jan 20, 2024 at 08:45:33PM +0200, Rabbi Meir G. Rabi wrote:
> What's the difference, if there is one, between not blowing or not hearing
> Shofar on the one hand;
> and not removing a four cornered garment that is tied with Passul Tzitzis,
> on the other hand
> and is there any difference between not removing and putting on such a
> garment?
...
> Is it possible that keeping on such a garment similarly reflects a greater
> act of rebelliousness than passively not taking the Lulav or hearing Shofar?

> I have forgotten how this emerged - was it not to do with HaRav Bakshi
> Doron bringing a proof for something or other?

We started by talking about Chazal allowing wearing 4 kanfos
without tzitzis rather than taking it off in public, on the basis of
kavod haberi'os.

I was saying that perhaps it cannot be generalized to saying that kavod
haberi'os can trump even a deOraisa. That perhaps the rational is more
specicific. That the math is: Since Chazal allow kavod haberi'os to
trump a deRabbanon, and since Chazal have the authority to tell you not
to perform a asei deOraisa besheiv veal ta'aseh, it's only becauase
A > B > C that places kavod haberi'os ahead of this particular asei.

Although Chazal only have that authority when making a gezeirah to
protect a lav deOraisa. (And they aren't abolishing doing the asei in
the nomrla case.) Which would imply that violating kavod haberi'os is
sufficiently a lav to give Chazal that authority here too.

But I questioned further generalization. Say it weren't omission of an
asei besheiv ve'al taaseh, maybe a lav or an active violation of the
lav. Chazal wouldn't have the authority to make a gezeira to ignore the
deOraisa even for a clear-cut lav. So how would we know from the case
of tzitzis that they could let Kavod haBeri'os be a reason to ignore it?

Tir'u baTov!
-Micha

-- 
Micha Berger                 What we do for ourselves dies with us.
http://www.aishdas.org/asp   What we do for others and the world,
Author: Widen Your Tent      remains and is immortal.
- https://amzn.to/2JRxnDF                      - Albert Pine