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DOING AN AVEIRA SO YOUR FRIEND CAN DO A MITZVAH

The Tosfos we had brought in the last Shiur that asks why do we need to force the remaining owner of a half Eved and half Jew to free him since he can't marry anyone? Why can't he marry a Jewess? even though there is a prohibition for his Eved side to marry a Jewess, let us say that the positive command of having children will push aside the negative command of marrying an Eved?

Tosfos' second answer is that since the woman doesn't have a Mitzvah to have children, she has no reason to transgress the Aveira. Even if technically he's allowed to transgress it for his Mitzvah, but there is no woman that's allowed to do it with him.

The Tosfos Yom Kippurim asks on Tosfos from Kesuvos 40a. If a woman was raped, the man has an obligation to marry her. If there is a regular Lav (negative command) that forbids her to him, then he cannot marry her. Why don't we say that the Mitzvah of marrying her pushes aside the Lav? Since she could refuse to marry her, so it's possible that there is no obligation to marry her.

THE NATURE OF THE MITZVAH

This, which we said, the nature of the Mitzvah is to have children, not to make children, doesn't fit into Tosfos. The Tosfos in Bava Basra 13a asks why do we need to force the remaining owner of a half Eved and half Jew to free him since he can't marry anyone? Why can't he marry a Jewess? even though there is a prohibition for his Eved side to marry a Jewess, let us say that the positive command of having children will push aside the negative command of marrying an Eved?

A GER (2)

The Turei Even asks, how can it be that a Ger is Yoitze with the children that he made while he was a Goy? When he did the Mitzvah he wasn't obligated? If someone did a Mitzvah when he wasn't obligated he needs to redo the Mitzvah when he becomes obligated. This we learn from the case of someone who was temporarily insane, and thus not obligated in Mitzvos at that moment, and eats Matzo. If he becomes sane later on, he needs to eat Matzo again, since he wasn't Yoitze with what he ate when he wasn't obligated.

Limud Torah

DOING AN AVEIRA SO YOUR FRIEND CAN DO A MITZVAH

THE NATURE OF THE MITZVAH

A GER (2)

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