Description
In this shiur for Masechet Makot 14b-15a: we will address the sugya of Lav SheKodmo Aseh, an exception to the rule of Lav HaNitak LeAseh. In the latter case there is no Malkot since the Aseh "fixes" the Lav & replaces Malkot. In the former case, since the Aseh is given as an independent command, it is not serving as a 'tikun' on the aveiras haLav and there would be Malkot. The bulk of our study will focus on the case of Oneis who divorces his wife and re-marries her. Would the fulfillment of VeLo Tihiyeh LaIsha alleviate him from Malkot for the violation of the Lav of Lo Yuchal Leshalcho under the rule of Lav HaNitak LeAseh? Or would there be Malkot under the rule of Lav Shekadmo Aseh? What can we derive from an analogy to Motzei Shem Ra?
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