Positive Commandment Overriding Two Prohibitions

Reb Moshe Rozmerin in Dvar Moshe states that the Rambam maintains that one who rounds the corners of his head has violated two prohibitions; one for cutting his payos (corners), and another for following in the statutes of the non-Jews.

Our Gemora states that the positive commandment for the metzora to remove all his hair overrides the prohibition of rounding the corners on one’s head. According to the Rambam, it is actually overriding two prohibitions. Tosfos in Yevamos (3b) discussed this issue and did not cite our Gemora as a proof. Other Rishonim maintain that a positive commandment cannot override two prohibitions.

A question is brought in the name of the Lubliner Gaon: The Gemora in Yevamos (20b) states regarding a widow falling to yibum to a Kohen Gadol that it is a situation where the positive commandment of yibum can possibly override the prohibition of a Kohen Gadol marrying a widow. He asks: There are two prohibitions for a Kohen Gadol to marry a widow; one is lo yikach (he shall not take her), and the other is lo yechallel (he shall not desecrate the kehuna). How can the positive commandment of yibum override two prohibitions?

Reb Chaim Ozer in Achiezer (Even Ezer, 4) answers: The Rishonim concede that when the two prohibitions are dependent on each other, the positive commandment can override both prohibitions. The basis for the prohibition of desecrating the kehuna is because it is an illicit relationship; once the mitzvah of yibum overrides the prohibition of lo yikach, it becomes a permitted relationship and there will be no prohibition of lo yechallel.

[It would seem to me that this is dependent on how we understand that a positive commandment cannot override two prohibitions. We can explain that each prohibition strengthens one another and the positive commandment cannot override any of them; or perhaps the positive commandment does override one of the prohibitions, but it does not have the capabilities to override the second one. Reb Chaim Ozer would be in accordance with the latter explanation.]

According to the Achiezer, we can answer the Dvar Moshe’s question. The positive commandment for the metzora to cut his hair overrides the prohibition against rounding the corners of one’s head, and consequently, there will be no prohibition of following in the statutes of the non-Jews.

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Beat him Until he Dies

The Gemora (Kesuvos 86a) cites a braisa: When does one receive forty lashes for violating a Biblical law? That is only in regard to a negative commandment; however, with respect to a positive commandment, for example – if we tell someone, “Make a sukkah” and he refuses, or we tell him, “Make a lulav,” and he refuses, we beat him until his soul departs.

The question is asked: Why is there permission to kill one who is not interested in fulfilling a positive commandment; the punishment for not fulfilling a positive commandment is not death?

Reb Tuvia Lisitzin, in his sefer Kerem Tuvia answers that permission is granted to beat him until his death because by not fulfilling a positive commandment (and especially, when people are attempting to persuade him, and he, nevertheless, refuses), this is tantamount to desecrating the name of Hashem.

This can also explain why Pinchas was allowed to kill the Midyanis woman. He was able to kill Zimri because the halacha is that one who cohabits with an idolater, the zealots are permitted to kill him. However, why was he allowed to kill the Midyanis woman; she does not have any prohibition of cohabiting with a Jew? The answer is: It was due to her that a tremendous desecration of Hashem’s name occurred; for this, she was deserving to die.

The Chasam Sofer writes that we are not permitted to strike him with a blow that will kill him; permission is granted to hit him time after time until he eventually agrees to fulfill the mitzvah. When do we stop beating him? When he dies from the beatings.

The Chinuch writes that one who does not repay a debt has violated a negative commandment in the Torah. The Minchas Chinuch asks: If so, why does our Gemora inquire if a person who refuses to repay a debt should be compelled to do so; of course, we should force him, just like any other negative commandment?

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Thirty Days Before

The Gemora (Kesuvos 86a) cites a braisa: When does one receive forty lashes for violating a Biblical law? That is only in regard to a negative commandment; however, with respect to a positive commandment, for example – if we tell someone, “Make a sukkah” and he refuses, or we tell him, “Make a lulav,” and he refuses, we beat him until his soul departs.

The question is asked: At what time are we referring to? If this is occurring before Sukkos, why do we beat him; he could say that he has plenty of time to prepare for the mitzvah? If it is already Sukkos, what benefit will there be from the beating; he cannot construct a sukkah now anyway?

Rav Nosson Gishtetner explains that the Gemora is referring to thirty days before Sukkos. From that time and on, there is an obligation for one to build a sukkah; and if he refuses, we can beat him until his soul departs.

The Chidushei HaRim writes that this is true regarding all mitzvos. Thirty days prior to the time a mitzvah is supposed to be performed, one has an obligation to begin involving himself with the mitzvah; it is incumbent upon him to properly prepare himself from that time on in order to fulfill the mitzvah. To such an extent that one is obligated to worry about the poor people in his city thirty days prior to Pesach and to investigate and see if they have sufficient enough funds for all the mitzvos on Pesach.

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Positive Commandment Overriding a Negative One

The Gemora (Kesuvos 40a, Shabbos 132a) states that a positive commandment can override a prohibition that carries with it a standard punishment.

The Gemora provides an example for this: The positive commandment of performing circumcision overrides the negative commandment of cutting off tzaraas.

My brother, Reb Ben cites the opinion of Rabbeinu Nisim Gaon, who writes the following: Many people cast doubt on this precept, as we know that a negative commandment is more stringent than a positive commandment, so why should a positive commandment supersede a negative commandment? Rabbeinu Nisim answers that a positive commandment is set, and if there is a negative commandment, the negative commandment only functions if there is no contradiction to the positive commandment. This is what Hashem decreed, that the positive commandments remain in place, and the negative commandment only functions if there is no contradiction to the positive commandment. The Ramban , however, writes that the reason a positive commandment supersedes a negative commandment is because in reality, a positive commandment is greater than a negative commandment. A positive commandment is a reflection of the love Hashem has for us, because one who fulfills the instructions of his master is beloved by his master and the master will have compassion on him. A negative commandment, however, is a reflection of Hashem’s Attribute of Judgment, and stems from fear. Since love is greater than fear, the Torah states that a positive commandment supersedes a negative commandment.

Based on this premise, the Meshech Chochmah explains that one who violates a negative commandment deserves a greater punishment than one who does not fulfill the will of Hashem. Nonetheless, since it is the will of Hashem that one observes both positive and negative commandments, one who fulfils a positive commandment demonstrates his love for Hashem. One who does not violate a negative commandment, however, merely demonstrates that he is afraid and nothing more. For this reason, the torah states that a positive commandment supersedes a negative commandment. An example of this is one can wear Tzitzis with Techeiles on a garment of linen, as the positive commandment of wearing Tzitzis supersedes the negative commandment of shaatnez. The reason for this is that one who wears shaatnez does not transgress the will of Hashem. In fact, the opposite is true, as by donning Tzitzis, he is fulfilling the will of Hashem.

In regards to the question: Why is it that a positive commandment overrides a prohibition and yet the punishment for transgressing a prohibition is much more severe than the punishment for not fulfilling a positive commandment?, Reb Yossie Schonkopf said over a parable from his Rebbe: A trucker is hired to transport a load across the country and the owner warns him not to go beyond the speed limit, not to crash the vehicle and to follow all the road instructions. If the trucker does everything perfectly but doesn't unload the goods at his destination; rather, he arrives at the destined location and immediately turns around carrying the same load, what is accomplished by the fact that the trucker obeyed the speed limit and followed all the rules?

The meaning is as follows: Our mission in life is to accomplish in this world and 'build the love towards HaShem,’ therefore, this building overrides the transgressions. The prohibitions are only there to protect what has been built and not to suffocate the building.

This concept is elucidated by the Ramban in Parshas Yisro. He states that the fulfillment of a positive commandment is based on ahavas HaShem, loving HaShem and refraining from committing a transgression is based on yiras HaShem fearing HaShem. It is a higher level to serve HaShem through love, but it is worse to violate a prohibition, which is based upon fearing HaShem.

My brother, Reb Ben asked a similar question: The Gemora states that a positive commandment will override a negative commandment when both commandments are performed simultaneously. It is noteworthy that the Gemora in Sota states that a mitzvah cannot extinguish an aveira, a sin, yet an aveira can extinguish a mitzvah. Apparently, the principle that a positive commandment can override a negative commandment is not a contradiction to this Gemora. Perhaps the idea is that when one performs an aveira intentionally, he has rebelled against HaShem, and it is not possible for one to appease HaShem with a mitzvah when he has just committed an act of rebellion. When one is simultaneously overriding the negative commandment by performing a positive commandment, however, he is demonstrating that he is fully aware that he is performing a negative commandment, yet he is permitted by the Torah to override the negative commandment. This principle allows him to perform the positive commandment and be rewarded for its performance.

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