Masechet Makot 15a-b: Lav Hanitak LeAseh, Bitllo VeLo Bitlo, Kiymo VeLomo Kiymo

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Date:
January 21 2015
Length:
1h 7min 23s
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Series: Daily Shiur

Venue: Jerusalem Jerusalem

Gemara:
Makot 
Halacha:

Collections: Rabbi Berzon: Makkot 2014

Description

We will study the interpretation of Rashi to Kiymo VeLo Kiymo, according to which the violator of the Lav is presented by Beis Din with a choice: either fulfill the Aseh and thereby rectify the Lav, or receive your deserved punishment of Malkot. The underlying concept is that the Aveiras haLav is complete & the Aseh is merely a substitute for the Malkot. We will study Tos' and his objection to Rashi, as well as the more extreme view of Rashi in Masechet Chulin that Kiymo requires the criminal to rectify the Lav by fulfilling the Aseh immediately upon violating the Lav. The view of Bitllo VeLo Bitlo maintains that the violation of the Lav is only complete with the 'Bitul HaAseh', i.e. when the violator destroys the Aseh actively.

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Judy & Mark Frankel & family l'ilui nishmos מרדכי בן הרב משה יהודה ע"ה and משה יהודה ז"ל בן מאיר אליהו ויהודית