Limud Torah

with Rav Chaim

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ASEI DOCHE LO SASEI


 
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.
 
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THE DEAF, INSANE OR MINOR PERFORMING A MILA


 
The Shulchon Orech Paskins, that a Cheresh Shota V'Koton (deaf, insane or minor) are Kosher to perform the Mila. Why should that be? We Paskin that Mitzvos Tzrichos Kavana (you need to have intention to do a Mitzva.) Since the above cannot have proper intent to do a Mitzva, they wouldn't be able to have intent for the Mitzva of Mila and not Yoitze the Mitzva.
 
The Minchas Chinuch answers with the Yesod of the Turei Even.
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A SAFEIK ORLAH ON SHABBOS


 
The Gemara brings a Drasha of "Orlaso" that only a definite Orlah can
have a Mila done on it on Shabbos, but not a Safeik Mila. Tosfos says
that it's not a real Drasha (but only an Asmachta) since it's Pashut that
you can't do Mila on a Safeik Orlah on Shabbos, since you might
transgress the Shabbos without doing a Mila. The Minchas Chinuch says
that it's a real Drasha.
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