Taryag Mitzvos PDF

1) “Torah Min HaShamayim”: The Torah Shebichtav and Torah Shebaal Peh are from HKBH a) Both come from HKBH with different personalities. i) Torah Shebichtav: Stable content and form with HKBH’s exact words ii) Torah Shebaal Peh: given t...

1) “Torah Min HaShamayim”: The Torah Shebichtav and Torah Shebaal Peh are from HKBH a) Both come from HKBH with different personalities. i) Torah Shebichtav: Stable content and form with HKBH’s exact words ii) Torah Shebaal Peh: given to us in content, but the exact language was put together by chachamim (rooted in the Torah Shebichtav) (1) These 2 have a very close relationship 2) Emunas Chachamim: we must trust that Chachamim give over Mesorah in the way it was received. We believe that their interpretations are reliable. *** Halacha as Natural Law: There are 2 types of laws: 1) the type of laws that tell us “dos and donts” and 2) the type of laws that tell us reality. ○ We tend to view the Torah/halacha as a list of dos and donts but it is reality scientific law! It tells us reality, the timeless truth. The Mitzvos represent the reality of the world. In many stories of the Avos, we see them performing certain Halachos that we would not think should apply to them yet (like eating Matzah). Why'd they do it? Because the Torah is the blueprint of the world. The Avos are sort of like the scientists - even though they didn’t have the Torah, they were in sync with the spiritual nature of the world. (just like we understand gravity w out being explicity told about it). Beis Halevi: The Rasha asks – When HaShem redeemed us, there were many Mitzvos that were intended to demonstrate that we do not believe in the Avodah Zara. why are so many of these Mitzvos relevant today? We dont typically see people worshipping sheeps/doing avodah zara today. Why are we still doing it? The Rasha is missing a key idea! Our response in the Haggadah: “Because of THIS HaShem took us out of Mitzrayim”: These words contain a response to the Rasha’s Kefira. We are teaching the Rasha that eventhough the reason for the Mitzvah existed, the reason is not the foundation/reason of the performance of the Mitzvah. ○ Even before the world existed, there was a Mitzvah to eat Matzah. That is why the Avos ate Matzah. Mitzvos did not sprout from Yetzias Mitzrayim. Just the opposite! The Mitzvos essentially created Yetzias Mitzrayim!! (when BNY did the Mitzvos, they merited to be taken out!) ○ “Because of THIS HaShem took us out”: THIS = Pesach, Matzah and Marror. Because we did Pesach, Matzah and Marror, we merited to be taken out. This is true of all mitzvos. We think a reason created a Mitzvah. However, it is the opposite. The 1  Mitzvos always existed, and reasons can be attached. Mitzvos Pre vs Post Matan Torah [nature is not different, how it is performed changed slightly]: ○ Pre Matan Torah: Avos kept Mitzvos based on what they sensed in nature. They used their creative sense (ex: Yaakov creating rods for his tefillin) ○ Post Matan Torah: Mitzvos were more structured/formal. We don’t rely on our senses. Poskim = scientists: study creation and reveal what already exists. (scientists don't decide reality, Chachamim dont either). Note: there is a bit of wiggle room for chachamim Mitzvos Deoraysa/ Halacha Deoraysa: How do we know the Deoraysa Mitzvos?! WE MUST BELIEVE THAT THE TORAH SHEBICHTAV IS PERFECTLY PRECISE, ENTIRELY FROM HKBH (Rambam, Mishneh Torah). When we look at the Torah, we must be sensitive to how the Pussuk is structured to understand the Halacha ○ Narrative (Tzibor) vs Command (Tzivuy): ex-There are 2 places where we are told to serve hashem w all our heart. shema:”you should serve HaShem w all of your heart..etc” Sifri: this is Tefillah. Rambam: it is a Mitzvah to serve HaShem w all your heart through Tefillah. [avodah shebalev] Kessef Mishnah (comments on mihsnah Torah): Why do we need the Pussuk in Shemos to give us the source and then have the clarification? The way the Pussuk is written is crucial to understand the nature of the command. A Mitzvah in the Torah must be derived from a command phrase. ○ Ex: Milah– we are told to give every son a Bris Milah. We are also told that Avraham gave a Bris Milah. The Source of the Mitzvah must be derived from a Tzivoy, not a story. Avraham’s giving a Bris cannot be the source of the Mitzvah of Milah! What does a story/narrative tell us? Stories can clarify what the Mitzvah means/ the implications of the mitzvah. It is NOT the source of a Mitzvah! Additionally, stories can indicate to us things that we should be doing (middos Chassidus). This is not a deoraysa level Quoted Speech: can this be a basis for a Deoraysa Mitzvah? ○ The Torah is always correct. What a person says is not necessarily true. With this being the case, not every pussuk can have the same Halachic impact (somehting Pharoah said vs something the Avos said is different!) Cool point: (R Cooperman) - the Pussuk writes that Yocheved could no longer hide Moshe. It does not write that Yocheved said 2  that she could no longer hide moshe– this shows she really could not hide Moshe anymore. ○ General Rule: We do not learn Mitzvah Deoraysa from quoted speech. Exceptions – HaShem’s quoted speech and, in some contexts, Moshe’s quoted speech. (even Avraham’s speech cant be the source of a Mitzvah!) Bikkurim: we are told that we must say a long statement when doing Bikkurim. Ex: “Lo achalti Bi’Oni” – Are the statements written in this considered the source of a Deoraysa!?! Is this the source of the Mitvzah?! Machlokes!!!! Rashi (as a Parshun) : From here we learn that it is Assur to eat the Maaser Sheni ○ Appointing a king: “som Tasim alecha Melech” - is this a Mitzvah or Permission!?!! ○ Sometimes, Mitzvos can be said in third person – “x should be done” - whats the status of this?! Location of a Mitzvah: Mitzvos can be sourced from before Matan Torah How are Mitzvos introduced to us in Pussuk? Q: How do we find the source for a Mitzvah? Torah Shebichtav and Torah SHebaal Peh contradictions: For our purposes, we are focused on the Halacha. Torah shebaal peh takes precedence, but we cannot ignore the Torah Shebichtav. ○ The Torah Shebaal Peh is so loyal to the Torah Shebichtav Class #2: Torah Shebaal Peh impact on Halacha Deoraysa: The Torah Shebaal Peh has divine origin - it was given to us from HaShem at Har sinai ○ It includes Deoraysa and D’Rabanan Halacha - The foundation of Torah Shebaal Peh is Deoraysa. Moshe received 2 categories of things at Har Sinai: ○ 1) The 13 Middos that the Torah Nidreshet Bahem (Drash interpretation) Ex. Kal V’chomer, Gizeras Shava There can be a machlokes regarding these Halachos ○ 2) Kabbalos : There are various Halachos given to us by HaShem at Har Sinai. Kabbalah = something received. In this context: the Halachos we received by HaShem at Har Sinai with the intent to be given over to the generations 2 categories of Kabbalos : 1) Halacha we received orally (primary source = oral) and you can find the root for it in the Torah text. Ex: 1.“an eye for an eye” - from Kabbalah we learn that we actually shouldn't punish someone like this. The Kabbalah = monetary payment for the damage caused. [doesn't come from the pussuk, still connected]. 2. The Pussuk says “Pri Eitz Hadar” - we understand through 3  Kabbalah that this is the Esrog. [How did they understand the Pussuk is speaking about the Esrog? pri eitz HADAR (dar = dor) on the tree for multiple years → bc the esrog can live on a tree for many years] ○ Kabbalah vs Halacha : we follow the Kabbalah when the Pussuk and Kabbalah contradict. 2) Halacha L’Moshe Misinai - Oral Halachos with no root or foundation in the text. Still Deoraysa status. Ex: Drashos: Are they Deoraysa status? ○ The drashos were used as a tool to root the Torah Shebaal Peh into the Torah Shebichtav. This is a goal in it of itself (to see the beautifulq aunity between the Torah shebaal peh and Torah shebichtav are connected) When the source of a halacha is Kabbalah, it is non-arguable. We cannot disagree over the halacha itself. However, we can argue over the drasha. The drasha does not interfere with our adherence to the Kabalah The Drashos give us a way to remember the Kabalah (its a backup to keep Kabalah in tact). ○ In a case where a halacha may have been lost, this is a great way to restore the Halacha (ex: after moshe died we lost a lot of Halacha) Another approach is that these drashos help us generate new Halachos. Hashem gave us the Torah and Kabbalah, and using these sources and drashos we can generate new Halacha. What is the status of the laws generate by the 13 Middos? ○ Deorysa? Drabanan? Divrei Sofrim (in-between)? Drashos and halachos that are a product of drasha can be disputed and changed… ○ This means that a later Beis Din can argue a Drasha and essentially change the Halacha if the drasha is the source of the halacha! Megilas Ruth: There was the big debate which was debated for generations (until Dovid’s time) - Should a Moavi women be allowed to marry into Judaism? In Devarim 23:4-6 when we are given a list of who can/cannot marry into the Kahal HaShem. ○ We are told that Amoni and Moavi people cannot marry into Klal yisroel/Kahal HaShem even after 10 generations. [note: they can convert and marry eachother]. Why? Amon and Moav didnt bring us food and water and they threatened us + wanted to hurt us. The Goel says that he cannot marry Ruth because of his descendants Boaz publicizes the idea of Amoni v’lo Amonit, Moavi vilo Moavim (meaning, it only applied to women) ○ Story of Dovid and Galius: when Shaul saw dovid go out towards the plishti, he asks Avner: Who is this boy the son of? Avner responds: I have no idea.. Shaul tells Avner to ask around to find out who he is the son of. This is confusing… Shaul has known Dovid for a while. He also knows Yishai. 4  Questions from the gemara: how could it be shaul doesnt know dovid!? The gemara explains that Shaul was asking something deeper. He wants to know if Dovid will take over so he wants to see if he is the son of Peretz or Zerach. ○ Doeg says: you’re worried that he may not be worthy of becoming king… should he even be allowed in the Jewish people?! Look at his ancestry - he comes from Ruth! You cannot say it only applies to women ○ Avner responds: If you look at the reasoning, you can say women Deoraysa Halacha: Navi After moshe died, the Torah-level Deoraysa Halacha died. A navi can play a role as a chacham but cannot change the Torah and add a mitzvah on a deoraysa level What about when Halachos appear in the Navi? ○ Deoraysa: Its possible that the navi is repeating a halacha from the torah ○ Deoraysa: Its possible itwas originally Torah Shebaal Peh and now itisbeingwritten out more explicitly ○ Drabanan : it was introduced after Matan Torah before the time of the Navi ○ Drabanan : the navi is introducing the halacha as a chacham Class #3: The Torah Shebaal Peh came first (before the Torah Shebichtav). This comes with a lot of implications. D’Rabanan Mitzvos: Chazal: They were responsible to give over the information that they received. Additionally, they are responsible for establishing /explaining Mitzvos in the realm of Deoraysa. They also are responsible for D’rabanan. ○ What is the source for listening to Chazal/Chachamim? Devarim 17: The source for listening to Chachamim is in the Torah Because the source of listening to chachamim is from the Torah, listening to Chachamim is essentially listening to Deoraysa. ○ Chachamim differentiated Drabanan from Deoraysa but there is essentially no difference. Rambam (Mishneh Torah): There is a Mitzvah Assei to listen to Chachamim and there is a Mitzvah Lo Taasei to not not listen to them. Listening to chachamim means listening to all aspects of what they do for us— whether it be the Torah they tell over from Moshe, the practical halachos they tell us (like during court cases), and more. ○ Chazal make Gizeros and Takanos: Gizeros = Mitzvos Lo Taasei, Takanos = Mitzvos Assei ○ What source do Chachamim use to get their information? 5  Chachamim are responsible to make Siyugim. Avos: There is the concept to “Asu Siyug LaTorah” – make a fence (protection) to the Torah. We are told that we should make a fence to prevent us from violating the Torah ○ Mishneh Torah: In every generation we have chachamim who are making guards around the Mitzvos Deoraysa. ○ When chachamim make this protection, they take all things into account (Human nature, the reality of the time period..etc). Keep in mind: There are certain Deoraysa Mitzvos that have Deoraysa level fences. ○ Certain mitzvos/gizeros deoraysa protect the integrity of other deoraysa mitzvos ○ When chachamim institute protection fences, they model the structure after the deoraysa level protections. Note: The Gizeros Deoraysa are there own Mitzvah – they are their own member of Taryag (even though they protect other Mitzvos) ○ How do Chachamim know how to institute certain Chiyuvim? Rav Cooperman explains that Mitzvos Deoraysa are the minimum needed to keep the world going. The Torah is like the natural law – it is needed. The Torah is the minimum. However, there is more that HaShem/the Torah wants us to do. We should go beyond the minimum and do what he refers to as “Ratzoy Deoraysa” – matters that are desired on a Deoraysa level. Pussuk in Shmos 21:10 – if a husband wants to take another wife, the following 3 things cannot be diminished. Rashi explains that the things are: 1) her food, 2) her clothing, 3) her marital relations. Ramban objects Rashi and says that the halacha deoraysa does not demand that a husband provide food to his wife. Ramban feels it necessary to communicate that what Rashi is saying is not the true halacha. Rashi interpreted the Pussuk by saying something that is not Halacha Deoraysa, and Ramban feels it is necessary to clarify this. ○ NOTE: Mephorshim can interpret the pussuk in a way that is different from Halacha. This is because they are not giving over Halacha. ○ Defending Rashi — some say providing food for his wife IS deoraysa. Perhaps this is the approach taken by Rashi and that is why Rashi does not clarify that this isnt halacha. ○ Maharal: (missing) On a drabanan level, a man must provide food to his wife. However, the context of the 6  pussuk is not talking about the original deoraysa command of what someone should supply to his wife.Rather, this is the halacha for the specific case where a husband was already giving these things to his wife. In that case, on a Deoraysa level he cannot diminish what he is giving because he wants to marry another wife. The Torah is telling us that eventhough a man is not commanded to give food to his wife, it is a “ratzoy deoraysa” – the torah wants this to happen. The chachamim understand this and therefore made a chiyuv on a Drabanan level. The Torah expresses Ratzon HaShem on different levels: 1) Outright Deoraysa Mitzvah, 2) The Torah suggests that something is praiseworthy to be done and so chachamim make it a Dirabanan Mitzvah. Depending on how explicit the Torah is, Dirabnana mitzvos can hold different levels. Yeshayahu: At the time of destruction, the women will grab onto their husbands and in their extreme desperation they will say that they are willing to forego all of their rights of marriage and just marry the men. ○ Interestingly, when listing the rights of marriage, food is included. Deoraysa and Drabanans take place on a continuam. Highest level obligation is Deoraysa, lowest level is Middos Chassidus — depending on how explicit a command is in the Pussuk, will determine where it lies on this continuam. Asmachta: (“Support”) 2 categories: 1) Asmachta Chashuva: Very clear. Chachamim look at the pussuk and see that it is indicating the Pussuk wants something to be done/ does not want something done. Because of the way it is written, it can't be categorized as deoraysa. However, the pussuk is the Asmachta Chashuvah, the strong anchor that the Torah uses to make the Halacha Dirabanan. 2) Asmachta BiOlma: Chachamim come up with a certain activity/idea and afterwards they find support in the Pussuk (lower level, less explicit in the text). Pri Migadim (quoted by R Cooperman): There are 2 types of Asmachtas – 1) Asmachta Chashuva – almost an explicit command (deoraysa). Ex: Netilas Yedayim. The Pussuk clearly indicates that in certain situations/ if a man engages in certain activities, he should wash his hands [chulin]. 2) Asmachta BiOlma: In the Gemara in Brachos it says that we are told to 7  “make ourselves holy”. Our Chachamim say that this is telling us to do Mayim Rishonim. This is clearly not as explicit as example #1. An Asmachta Chashuva is practically a Deoraysa. How can we say that? This is not so crazy to say because everything instituted by the Gemara is essentially deoraysa and this thing is explicit in the pussuk. ○ Remember: The Chachamim instituted that when one transgress a Dirabanun he gets Malkus and when one transgresses a Deoraysa, he gets Malkus Merdos. (they are practically the same, but still different). Also, when it comes to Sfakim, Chachamim say – With Deoraysa we are told to be stricter (L’chumra) and with Dirabanan we are supposed to be more lenient (L’Kulah) Chachamim differentiate Dirabanan and Deoraysa. Essentially both work with the authority of torah and must be adhered to!! Ritva: On Rosh Hashana we discuss Malchios, Zichronos and Shofros (themes of RH). The Ritva explains that on a Deoraysa level we are told to mention these three things. We are not told, on a Deoraysa level, how to do it. The form it takes is understood from the chachamim. This is interesting because it is Deoraysa but the details are Mi Dirabanan. This is sometimes how the Torah works. The Torah communicates something should be done and the Cachamim must give it form. What comes from chachamim and the Torah is not easy to differentiate. Chachamim guide us. This is an Asmachta Chashuva sort of concept – he does not explicitly say this, but he tells us that we should not view all Asmachtas in an Asmachta Biolma type of view. If you do that, youre missing a whole area of Torah. The Ritva implies that there are a few levels. The Torah says what should be done and expects the Chachamim to actually obligate it and establish it as a Mitzvah. R Cooperman - depending on how explicit something is written, determines the level of obligation 8  - There are millions of degradations of levels of Mitzvos. Another way the torah can communicate that it wants something done without actually saying: Stories: Can't be the source of a Mitzvah deorysa… (its a rule) Example: Seeing what tzadikim did: note - there are certain mitzvos tzadikim did themselves. Other mitzvos were done by them and their family. Ex: Tefillah is Drabanan - Tzadikim did Tefillah. ○ How is it possible the AVos did Mitzvos that did not exist? If a mitzvah is drabanan, how could they have kept it? How did they know what the chachamim would institute?! And, whats the point?! We think the avos could look to the future at what chachamim would institute. This is false. Its the opposite - We (chazal) look back at what the Avos did to know what to institute. They learn the mitzvos drabanan from the avos. ○ Note: The reason we “copy” the avos is because chazal instituted it. We shouldnt look to the Avos and try to figure out what we should be doing. R Cooperman: We are not learning from lives of Avos. Rather, we are learning from the Torah which recorded the lives of the Avos. We learn this bc the torah chose to include it. We are interested in what the torah chose to communicate 9  THE ROLE OF THE PUSSUK IS CRUCIAL (both for derabanan and deorysa mitzvos) [recap: torah can imply things should be done (husband feeding wife), or show it thru tzadikim — from this Chachamim derive Drabanan. Theyre not making things up] Chanukah: - When it comes to chanukah, the miracle happened and chachamim waited a year before instituting the mitzvah. Why'd they wait? For something to be a “chag”, we must re-experience it every year. A holiday requires a yearly “re-experiencing”. - Chiddushei HaRim: When it comes to chanukah, the chachamim felt this new energy a year after chanukah. They understood that it is not a one time event. Chanukah is ongoing. - The Mitzvah of this chag reflects a spiritual nature/energy that did not exist at the beginning of the world. Calendar Calculations: - In the torah, we are told that the fact we have this calculation of the new moon cycle, makes us super unique. How does that make us unique? - R Cooperman: we have the power to determine when the new moon will be. If Beis din decides its time for Rosh Chodesh, it is Rosh Chodesh and the Yomim Tovim will happen accordingly. - Chachamim have power over physical and spiritual nature. They posses tremendous authority. We are discussing Drabanans at such length because some Drabanans are pretty much deoraysas (like chanukah!!!). Note — When chachamim want to create a Drabanan, they look at existing Deoraysas that are similar. Machlokes: how can we understand the concept of machlokes. - We celebrate machlokes - it opens the opportunity for us to learn so much - “Ilu V’ilu Divrei Chaim”: “These and these are both absolute truth and the word of G-d (natural law) ”. How can we say this?how can contradictory views both be true? - Mashal by Rav Solevetchik; how does light spread? Some argue that light spreads as waves. Others say that light spreads as Photons. It cant be both. Yet, both havebeen proven and machines were built that would only work if light spreads as waves. Other machines were buildthat wouldonly work if light spreads as photons. Somebigger machines were made that combine the 2. In theory,this makes no sense. - This is like a machlokes. 2 opposing views can work at the same time. - It doesnt make much sense to us. But HaShem can make anything possible in the spiritual realm. - Tosefes YT/Shabbos: There is the concept of adding on to Shabbos/YomTov. Is that added time considered YT or “tosefes YT”? Is the Tosefes YT the same as Yom Tov?! 10 - A person cannot get married on YT. If Tosefest YT is the same as yuntif, you wouldnt be allowed to get married. - Chakira: Lets get deeper — When we have this 2 hr period, is it the same as Yuntif w the same laws/ experience. Or, is this a new Mitzvah with an independent personality? is it an expansion (dif laws), or an extension (same laws),or creation (we can do some things, not everything). Hashem made it that we can learn so many different things from different personalities The Torah champions the fact that there are truths and right and wrong. Within that, there is room for different views! Tzivuy: Term used for an Assei/positive command Lav/Azhara: Term for Lo Taasei 1) Lav Habah MiKlav Assei ○ There is a Mitzvab that an animal being brought as a Korban should be atleast 8 days old (assei). We learn from here not to bring an animal less than 8 days. This is an Issur deduced from an Assei (not considered a Lo Tassei One would not get Maklus for transgressing thai Chovah: obligation 2) Reshus:”permission”. Definition depends on contexts ○ It can be a regular obligation ○ A mitzvah you are not always obligated to do but under certain circumstances you have to. Ex: Tzitzis. You are only obligated if you're wearing a four cornered garment ○ Certain activities regarding which there are no Mitzvos (neutral activity). However, the procedure includes Mitzvos. Ex: getting a divorce. The Torah doesnt want you to get divorced. However, there is a procedure layed out if you are going to get divorced. 11  ○ Something that is permitted by the Torah. (ex: eating apples - no pussuk tells you that you should eat apples but we’re allowed to do it). No reward. Practical halachic difference between the definitions: The ramifications of not doing the action. If it is considered an Assei/ real mitzvah (like Sukkos) and dont do it, they must bring a Korban Olah. Otherwise, they don't Torah specifically permitting something is so significant. Some specific pessukim specifically allow something and that is why chachamim dont make certain activities around it. HaShem wants certain things to remain allowed. If the Torah were to say: “ You can eat apples” – does this mean that it is permitted? Encouraged? Neutral?! There are so many understandings that we must understand. Example: lending interest to a non-jew. We are told it is assur to lend interest to “your brother.” Then, we are told that to the gentile “tashish”, and then once again told we cant lend to our brother. Are we permitted to lend to a non-jew or obligated?! - There are multiple different ways of interpreting this. It - Rambam says: - Tosfos: This is permitted 3) Halacha L’sha’ah: Temporary Halacha ; only applicable to a certain time period. Deoraysa Category: Ex: women entering EY who shouldve been the ones inheriting the land, could not marry outside her shevet ○ Do Karbanos fit in this category? If the conditions are met, Karbanos could technically happen right now. We just practially cant do it. As soon as conditions are met, they will exist again. This category is also quite ambiguous! ○ Chanukat Hamikdash/Hamizbaech: When they would establish a new Mikdahs/ Mizbaech, there were particular halachos. Those halachos only took place a few times. However, it did happen more than once! Does this fit in this category? You can say things are temporary. Sometimes its not as temporary as it might seem at first. Torah has a quality of Netzach – it is eternal. Though some may seem temporary, the fact its in the Torah proves that it has some sort of eternal ramifications (R Cooperman) 4) Lav Sheviklalos: a Lav that encompasses multiple Issurim- there is a phrase in the pussuk and from that pussuk there are multiple Lavim ○ Missing ○ There is often a primary issur that in some ways encompasses the other Mitzvos implied by the Pussuk 12  ○ There are complicated Halachic ramifications - do you get Maklus if you violate a part of it? Some say that you would only get Maklus if you violate the primary issur Rambam gives an intro to his list of Mitzvos going through the rules of what he decided to include in his count and what he chose to omit. This gives us an outline on how to understand and count the Taryag. He divides this intro into 14 sections, shorashim. In one of the shorashim he says that there are 12 times we are told not to do Melacha on Shabbos. Yet, the rule is, if a Mitzvah is mentioned multiple times in the Torah in the same way, it is all put under 1 Taryag entry. ○ So, what would the Rambam say about a Lav Shebiklalos (which is essentially the opposite)? If there are multiple Mitzvos understood from a single phrase, 5) Pshat Based Halacha ○ In general, Halacha follows the Drash interpretation. The Drash is usually the primary Halachic interpretation. ○ If pshat and drash contradict, we follow the Drash. ○ However, there are times when both can exist at the same time!!!! Example: An Eved Ivri is said to be a slave “L’Olam” (forever) but the pshat says at Yovel he is free. How can we reconcile this? Meshech Chachma: When it comes to the topic of Eved Ivri, it says that this person should be a slave “L’olam”. What does this mean? This means that he remains a slave for the rest of his life. However, Yovel is able to set him free. What about someone who was a slave at the time when Yovel started to not exist. At that time period, people had to remain a slave the rest of their life. So, we can understand from here that the essential halacha is “L’Olam.” Yovel is a “get out of jail free card” essentially. When it doesnt exist, the drash applies. [note: this is all the same Mitzvah] Example 2: We are told to eat Matzah for 7 days. In a different place we are told to eat matzah for 6 days. They essentially cancel eachother out! Some call this a reshus. How should we understand this?! Gra: For 7 days you should eat matzah. All 7 days are a Mitzvah. It is called Reshus in comparison to the first night which is an obligation. Its a little different than the nature of the command for the first night but it is still deoraysa. It is a Mitzvah, not a Chiyuv. ○ We see from here that the pussuk can add to a mitzvah or even make its own pshat based mitzvah. There are RULES for Pshat based halachos! They exist in a certain realm. General overview: So, is it part of the Taryag? ○ Lav Habah Biklav Assei: not included. (the Assei is part of the list. The Lav is not) ○ Chiyuvim: yes, included. 13  ○ Reshus: there are different types of Reshus. Divorcing Halachos are included in the Sefer Hamitzvos! ○ Halacha Lshaah: not included generally. Note: be careful what you call halacha lshaah! (karbanos are not LshaaH) 1 ○ Lav Shebiklalos: Rambam includes it all under one mitzvah Significant to note that Matzah is made “allowed” reshus all 7 days of pesach - This means that you cannot make eating Matzah Assur on Pesach! The pussuk plays a crucial role but doesnt add a mitzvah. - We dont eat kitniyos which semi resemble chametz. Likely if not for the pussuk, it would be made not allowed. 14