Limud Torah

with Rav Chaim

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ASEI DOCHE LO SASEI

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We know that an Asei is Doche a Lo Sasei but not a Lo Sasei and an Asei. the Riva holds that if you do the Asei, you don't get Malkus. Since the Asie is Doche the Lo Sasei, so what you have left is the other Asei, and you don't get Malkus for an Asei. But if someone does the Mitzva without intent, since you're not Yoitze the Mitzva, then you get Malkus. Since you didn't perform the Asei, since you didn't have intent, you still transgressed the Lav without being Mikayim an Asei, so you get Malkus.
  There is a Shita that a woman is not Chayiv in the Asei of Yom Tov. Since it's a Mitzva Asei Shehazman Grama, they're exempt. Therefore they may do an Asei that would transgress a Malacha on Yom Tov, since they only have a Lav.
 
(Tosfos in Kiddushin rejects this, since the Mishna prohibits them to burn Truma and Kodshim T'Mayim on Yom Tov (even woman can't light the Yom Tov lights with Truma T'maya.) Since there is an Asei and Lo Sasei to transgress a Malacha on Yom Tov, the Asei of burning is not Docha them. We don't say that woman are allowed to since they don't have the Asei of Yom Tov.)
 
So, according to that first Shita, maybe a woman can perform a Mila on the ninth day on Yom Tov. Since the Asei of Mila would Doche the Lo Sasei of Yom Tov. You might ask: but the woman doesn't have a personal Asei to do Mila, since she's exempt from giving her son a Mila? We can answer according to Shitas Tosfos Yom Kippurim, which we brought in P'ru Ur'vu, that someone may do an Lo Sasei in order that someone else can be Yoitze their Asei. So here too, maybe the woman can do the Mila and transgress the Lav of Mila in order that the father gets his Mitzva of Mila.
 
 

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