Wednesday, July 04, 2007

FULFILLING A MITZVAH AT THE TIME OF THE OBLIGATION - Yevamos 62 - Daf Yomi

The Gemora states: If he had children while he was an idolater, and then he converted; Rabbi Yochanan said: He has fulfilled his obligation of procreation (with the children born before his conversion). Rish Lakish said: He did not fulfill his obligation.

The Gemora in Rosh Hashanah (28a) states: They sent to the father of Shmuel a halacha that if the Persians forced someone to eat matzah on Pesach night, he has fulfilled his obligation.

The Gemora states further that if he was temporarily deranged at the time that he performed the mitzvah, he has not fulfilled his obligation.

The Turei Even asks from our Gemora: The idolater is not commanded in the mitzvah of procreation; how can the convert discharge his obligation with the children born to him at the time that he wasn’t obligated in the mitzvah?

The Minchas Chinuch (1:15) comments: Since the halachic ruling is that if one had children and they subsequently died, he has not discharged his obligation, it is apparent that the mitzvah is the having of children, cohabitation is only a preparatory action. Accordingly, we can answer the Turei Even’s question. One cannot discharhe his obligation for a mitzvah at a time that he is not obligated in the mitzvah, such as a deranged person eating matzah. This principle is only applicable if the mitzvah is the action; it must be performed at the time that he is obligated in the mitzvah. However, regarding a mitzvah where the action is only a preparation for the mitzvah, the principle would not apply. The idolater cohabited with a woman and had children; afterwards he converted. The mitzvah of procreation is having the children, and now that he is a Jew, he is fulfilling the mitzvah presently.

6 comments:

Anonymous said...

And what about the fact that he is supposed to be considered a new born?

Anonymous said...

Sfas emes says that Goyim Are obligated to Have children and hence he is still Mikayem the mitzvah.The Rambam adds they must be Jewish even according to reb Yochnanan.The minchas chinuch adds if somone is Megayer with small children where we must later ask them if they choose to be jews or not also not Mikayem the mitzvah also if while being a non jew he had children with a jew not considered to be mikayim the mitzvah as they were not his as they were jewish from birth.

Jerry said...

Doesn't a goy have some sort of mitzvah in having children?

Avromi said...

Yes Jerry: The Maharatz Chayus states to answer this question that a goy does have a mitzvah of "sheves," but not the mitzvah of "peru u'revu."

ben said...

someone asked me recently if a goy is chayav in peru urevu and I told him something regarding a mitzvah that was said but not repeated at Sinai. Can you help me out with source and explanation? Also Rambam in Pirush Mishnayos Chullin regarding all mitzvos from Sinai and on, if that's at all related here.

Avromi said...

Yes, my pleasure. Sanhedrin 59b - if a mitzvah was not repeated by Sinai, then it was taken away from goy; that is why he doesn't have the mitzvah of peru u'revu. there is a shaila if he has the chiyuv of sheves or not.