Monday, June 11, 2007

WHICH MITZVAH TAKES PRECEDENCE? - Yevamos 39 - Daf Yomi

The Gemora states that although it might be preferable for the older brother to perform a yibum, we do not wait for him. This is based on the principle that we do not delay the performance of a mitzvah in expectation of some future, better performance.

The Terumas Hadeshen (35) comments that the only time you do delay the performance of the mitzvah is we are concerned that by delaying, the mitzvah will not be fulfilled.

Similarly, the Gr”a (O”C 426) rules that this halacha is only applicable if the brother is overseas, but otherwise, we would be required to wait for him.

Sheorim Mitzuyanim B’halacha brings a proof from here to the Rama’s ruling regarding Kiddush Levanah. One should wait to recite the blessing for the moon for Motzei Shabbos if it will occur prior to the tenth of the month, but if it is afterwards, one should not wait for Motzei Shabbos, and he should recite the blessing in middle of the week. This is because there might be a few consecutive cloudy days and he will have missed the opportunity for the mitzvah this month.

There is an argument between the Radvaz (187) and the Chacham Tzvi (106) regarding a person who was in jail and he did not have the ability to perform any mitzvos and his captors gave him one day that he can choose to be released and perform the mitzvos of that day, which day should he choose. The Radvaz says he should choose the first opportunity that he has and the Chacham Tzvi disagrees and holds that one should wait until there is a mitzva of great prominence.

The Gemora in Yoma (34a) discusses the obligation of nesachim - the wine libations by the two temidin which were brought every day. There is an argument there if we derive the morning tamid from the afternoon or vice-versa. Tosfos comments that there would be a difference l'halacha if they would have only enough nesachim for one korban; which tamid should have the nesachim. Is the primary tamid the morning or the afternoon? Rabeinu Chananel says that there is no difference l'halacha; it's just a matter as to how we expound the pesukim. The Sfas Emes asks on Tosfos that the din should be clearly that whichever mitzva one is holding by, that is the one he should perform and if one is ready to bring the morning tamid, he should bring the nesachim with that one, even if the afternoon tamid is the primary one.

The Biur Halacha (109) has a shaila if one davens normally a long Shemoneh Esrei and he will certainly miss kedusha, should he daven with the tzibur and fulfill the mitzva of tefila b'tzibur or should he wait and fulfill the mitzva of reciting kedusha.

8 comments:

Raphael said...

A side statement,if I may:
When Shabbos is over it is "MOTZO"EI" ,not motzei or (MOTZI)
Motzo'ei=going out,taking leave
(motzei=finding someting /motzi=take out
THANK YOU! מוצאי

Raphael said...

My understanding is that tefillo b'tzibbur comes first.It is a segula for the tzibbur to be mispallel together.If not enough men have completed their tefillos,the chazzon anyway can't begin the chazoras ha shatz.When the chazzon is up to kedusha and he is still in the shemoneh esrei,he keeps still ;and listens;and resumes his tefillo after "yimloch H'"

Avromi said...

The M"B there seems to lean towards that opinion, but he does not resolve it. He concludes that one has to analyze the rules of "ein ma'avirin al hamitzvos."

(Btw, I assume 'shaila' should be 'shi'eila.')

Hevel said...

Try this out: Google fight.

It compares the frequency usage of the two phrases: Motzei or Motzoei; not rocket science, but cute.

Rav Chaim said...

uote:
The Gemora in Yoma (34a) discusses the obligation of nesachim - the wine libations by the two temidin which were brought every day. There is an argument there if we derive the morning tamid from the afternoon or vice-versa. Tosfos comments that there would be a difference l'halacha if they would have only enough nesachim for one korban; which tamid should have the nesachim. Is the primary tamid the morning or the afternoon? Rabeinu Chananel says that there is no difference l'halacha; it's just a matter as to how we expound the pesukim. The Sfas Emes asks on Tosfos that the din should be clearly that whichever mitzva one is holding by, that is the one he should perform and if one is ready to bring the morning tamid, he should bring the nesachim with that one, even if the afternoon tamid is the primary one.



According to what I wrote in

Limud Torah

this would also be a Machlokes between the MAgen Avraham and Pri Chadush ONE CUP OF WINE FOR BOTH SHABBOS AND YOM TOV

Here is what it says there:

The Magen Avraham says that although Kiddush on Shabbos is a Mitzveh from the Torah, Kiddush on Yom Tov is only Dirabanan. If Shabbos follows Yom Tov and there is only one cup of wine for Kiddush, it should be used for Kiddush on Shabbos. The Mishna Brurah explains that even though Kiddush over wine is DiRabanan even on Shabbos, since the concept of Kiddush on Shabbos is from the Torah, Shabbos takes precedence for making Kiddush on the wine.

Elyah Rabbah asks from the Bahag who brings a Drasha to include Kiddush for the three Regalim, thereby implying that Kiddush is also from the Torah.

This conflicts with the Magen Avraham above. He answers that maybe the Magen Avraham is referring only to Rosh Hashana and not to the Regalim.

Alternatively, the Magen Avraham can learn that the Bahag's Drasha is only an Asmachta. The Pri Megadim does not think this Halacha is so simple. He says that since there is a Mitzva to make Kiddush the night of Yom Tov , then the Mitzva of making Kiddush must be performed at that time. The Mitzva cannot be put off because of a different Mitzva that has not as yet arrived.

Rabbi Nisenbaum said...

I had a similar heoro on the Radvaz on a different piece on the same daf. The Rabbanan have two pesukim to teach us that one should bring the best animal for both optional korbanos and obligatory korbanos. Someone asked me what should you do if you have one best animal, should it be used for the obligatory korban or the optional one? I said that it's not clear if there is a preferance as to which korban should be best, but I think according to the Radvaz the first korban brought should be the better one, rather than wait for the second one. Ephraim Nisenbaum

Pilpul said...

this q is also the root of machlokes what is the chidush of "osek b'mitzvah patur memitzva" if one must pass over a mitzva to do a more important, this is then the difference when one actually is doing the mitzva. if, however, one is not obliged, then one must hold like the ran that the chidush is even if both mitzvos are possible to do.

Rav Chaim said...

Quote "this would also be a Machlokes between the MAgen Avraham and Pri Chadush "

Oops!! I meant the Pri Megadim.