Parashas Shoftim
2 Elul 5769

August 22, 2009
Daf Yomi: Bava Metzia 119

Guest Author:
Rabbi Moshe Greebel

Associate Member, Young Israel Council of Rabbis

 

 

Among the many Mitzvos commanded to us by our Rabbanim of blessed memory, there are seven primary positive ones, for which some action is obligated.  They are B’rachos (blessings of Mitzvos and physical benefit), N’tilas Yadayim (washing of the hands), kindling the Ner Shabbos, Eruv (incorporation of individuals to an enclosed area on Shabbos), the recitation of Hallel (on Rosh Chodesh, Yom Tov, and Chanukah), kindling the Ner Chanukah, and reading/hearing M’gilas Esther. 

In this week’s Sidra, we see that one of the 613 Mitzvos of the Torah (not the Rabbanim), is that we must obey the words of our Rabbanim:

“According to the sentence of the Torah which they shall teach you, and according to the judgment which they shall tell you, you shall do; you shall not decline from the sentence which they shall declare to you, to the right hand, nor to the left.”  (D’varim 17:11)

Now then, if we take any of the above positive Mitzvos of our Rabbanim, we will see that the B’racha for each Mitzvos in LaShon HaKodesh is ‘Asher Kid’shanu B’Mitzvosav’- Who has sanctified us with His Mitzvos.  But, where in the Torah has HaShem sanctified us with the Mitzvah of Ner Chanukah, for example?  The Talmud in Shabbos 26a and Sukkah 46a, posed this very question concerning Ner Chanukah

“…..And where did He command us?  Rav Aviya said, ‘(It follows} from, “You shall not decline from the sentence which they shall declare to you.”

That is, the Talmud learns the obligation of heeding the words of our Rabbanim from the end of the above Passuk (verse), which is a negative Mitzvah.

If we look at this Mitzvah of heeding the Rabbanim in the Mishna Torah of the Rambam (Hilchos B’rachos 1st chapter) however, we find:

“All the Mitzvos that are from the words of Rabbanim, (use the) B’racha of ‘Asher Kid’shanu B’Mitzvosav.’  And where did He command us in the Torah?  It is written there, “According to the sentence of the Torah which they shall teach you, and according to the judgment which they shall tell you, you shall do…..”

Oddly enough, we see that the Rambam learned the Mitzvah of heeding the Rabbanim from the beginning of the above Passuk, which is a positive Mitzvah.  Why in fact, did the Rambam not learn the obligation to heed the Rabbanim from the same part of the Passuk, as did the Talmud?  The Torah T’mimah of Rav Baruch HaLaivi Epstein (1860- 1941) answered this query by citing the commentary of the Rosh (Rav Asher Ben Y’chiel 1250 or 1259– 1328), on the third chapter (Siman 12) of the Tractate K’subos: “We find no B’racha concerning the heeding of negative Mitzvos- only of positive Mitzvos.”

Comprising the 613 Mitzvos of the Torah, 248 are positive Mitzvos, where some action is mandatory- donning T’fillin, affixing a Mezuzah, etc.   On the other hand, 365 are negative Mitzvos, where refraining from any action is mandatory- eating prohibited food, murder, etc.

Therefore, expounded Rav Baruch, it would be impossible for the Mitzvah of heeding the Rabbanim to be learned from a negative Mitzvah such as “You shall not decline from the sentence,” for the Mitzvah would have no B’racha according to the Rosh.  That is why the Rambam extracted this Mitzvah out of the beginning of the Passuk of “According to the sentence of the Torah which they shall teach you, and according to the judgment which they shall tell you, you shall do,” which is a positive Mitzvah, complete with a B’racha.

One difficulty remains, though.  Why does the Talmud learn this Mitzvah of heeding the Rabbanim from a negative Mitzvah?  Responding to this, Rav Baruch suggested that possibly, while the Talmud also learned this Mitzvah of heeding the Rabbanim from the beginning of the Passuk (as we see in the Rambam), which is a positive Mitzvah with a B’racha, the Talmud utilized a shortened Girsa (syntax) of simply mentioning the end of the Passuk.  That, or perhaps, there is some unknown reason for this.

In a more utilitarian mode, as Jews, we must make certain as well, that all our actions result in a B’racha.  Under no circumstances can we ever G-d forbid, cause unnecessary pain or inconvenience to others by being discourteous or ill mannered.  This principle is most succinctly put by the Mishna in Avos 2- 12, which states:

“…..And, let all your actions be L’Shaim Shamayim (for the Name of heaven)”      

May we soon see the G’ulah Sh’laimah in its complete resplendency- and in our times.

 Good Shabbos.

 

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