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The qualification of the 613 mitzvos | Rabbi Yitzchak Breitowitz | June 2 2026
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Good morning, good morning, everybody.
Hope, uh, hope you're well.
Um, we're still, uh, this will probably
be the last session on the particular
letter we're looking at, so don't worry,
we're going to be almost finished with
it.
Uh, this is the letter to, uh, Reb
Pinchas HaDayan,
who you'll recall was a Dayan who came
from Provence, came from France,
and relocated from Christian France and
relocated to Islamic, uh, Egypt,
and had different adjustment problems
and occasionally got into some
disagreements with the Rambam.
Uh, etc. And, as I say, the letter is
very interesting because it is a
fascinating mixture
of personal, uh,
problems with halakhic issues. So, the
last issue we're going to talk about is
indeed a halakhic issue.
And,
in order to understand the background,
there's a lot of, uh, preliminary
information I need to give you,
and I need to revisit something we
discussed a long time ago.
So,
I'm not sure if I hope you remember, I
hope you forget. That's always a problem
when you
when you repeat.
Uh, but here is the thing. One of the
very, very beautiful works that the
Rambam wrote,
uh, before he wrote the Mishneh Torah,
was a much shorter work called the Sefer
HaMitzvot, the Sefer of Mitzvot.
And unlike the Mishneh Torah that was
written in Hebrew, Mishnaic Hebrew, uh,
Sefer HaMitzvot was originally written
in Arabic,
and was translated by, uh, Shmuel ibn
Tibbon, the same person who translated
the Moreh Nevukhim. There are also a few
other translations as well.
So, the Sefer HaMitzvot will be found in
Hebrew, but one needs to know that that
is a translation,
uh, from the Arabic.
Now, the Sefer HaMitzvot is a compendium
of a brief description, a brief
description. We're talking about
typically five lines.
Uh typically of every mitzvah in the
Torah, the 613 mitzvahs of the Torah.
And many have posited that the Rambam
wrote it as essentially an outline
of the Mishneh Torah. The Rambam never
made that absolutely clear,
but essentially, in fact, one of the
enigmas in the Sefer Hamitzvot is
the order
with which the Rambam presents the
mitzvahs. The Rambam does not present
the mitzvahs in the order they appear in
the Torah.
And there's a bit of a mystery, what is
the order, but some have pointed out the
order actually follows the Mishneh
Torah, meaning to say as an outline.
When the Rambam determined the order of
presentation,
uh that is what he encapsulated in the
Sefer Hamitzvot.
Uh now, the Sefer Hamitzvot is not a
book of halakha. It does not give you
all the laws of the mitzvahs. That is
the purpose of the Mishneh Torah,
obviously, but it is a brief description
of every single mitzvah.
Now, the Sefer Hamitzvot has three
Although it's a short book, actually has
three different sections.
Part one, part two, part three.
Part two and three,
I'll get to one, uh are rela- relatively
self-evident. Part two is a description
of the 248
positive commandments, mitzvot asei.
And part three is an enumeration of the
mitzvot lo taaseh.
Uh and of course, 248 + 365 = the 613,
and that is the tradition that we have
613 mitzvahs, some of which apply today,
some of which do not apply today.
Um now, you already see that dividing it
up that way does create a certain
organizational problem because many many
commandments have both a positive and a
negative. Let's take the mitzvah of
Shabbos.
Uh, there's a mitzvah not to do melacha,
but there's also a mitzvah to rest on
Shabbos.
Now, really, they're two sides of the
same coin, that when I don't do melacha
on Shabbos,
I am fulfilling the positive commandment
of ubayom hashvii tishbos,
and I am [clears throat] not
transgressing the negative of lo sa'aseh
kol melacha. It's really addressing the
same thing.
And yet, one mitzvah will be discussed
in part two,
and one mitzvah will be discussed in
part three. Uh, so, the point about the
Sefer Hamitzvos, part two and part
three,
is number one, the order does not follow
the order of the Torah anyway, and
number two, the division, the
segmentation
of the assei and the lo sa'aseh can
sometimes mean that an identical concept
may be discussed in two different
places, and you'd have to check all of
those places in order to get the full
discussion. Okay. So, that's part two
and part three. Part two, the 248
mitzvos assei,
and part three is the 365
mitzvos lo sa'aseh.
So, then you may ask, so what is part
one?
Part one is absolutely a very very
unique,
innovative, original contribution
that the Rambam made to the science of
mitzvatology, if there is such a such a
phrase.
The Rambam was not the first one to try
to enumerate the 613. Now, again, what
what's the origin of the 613?
The origin of the 613 is a Gemara in
Maseches Makos,
which is really a statement of an
isolated amora that says God gave Mosha
commandments and this is based on the
verse Torah tziva lanu Mosha. Mosha
commanded us a Torah.
And the Gemara asked the kasha, well,
Torah
big matria is not 613.
Torah big matria is only 611.
So, how do you say there are 613? The
answer is, ah, Mosha communicated to us
611.
But, there were two commandments we
heard directly from Hashem. And that is
the first two commandments of the
Decalogue, of the Aseres Hadibros,
anochi Hashem Elokecha, I am the Lord
your God, and lo yihiyeh lecha elohim
acherim, you shall not have any other
gods. So, therefore, it works out very
well. At that point we got frightened.
At that point we asked Mosha to be the
intermediary.
So, all the other 611 we got from Mosha,
right? Torah tziva lanu Mosha.
611 and two we heard from God, and thus
we get 613. And even the breakdown of
the 365 and the 248 is in that same
Maimon Chazal
uh in which it says the 365
either corresponds to your uh sinews or
ligaments
or they correspond to the year, the days
of a solar year.
Uh that every time you violate a
negative commandment, you're impairing
a ligament or uh affecting a day of the
year. Of course, that's interesting. Uh
we don't have Well, well, again, there's
a lot that the Gemara is not telling us.
And the 248
positive commandments corresponds to the
uh bones of the human body, which are
bones. And every time you do a positive
commandment, you are giving
you are giving spiritual life to the
bones. Now, what exactly happens to the
bones and the ligaments when you do sins
or mitzvahs is not really clear. I mean,
if someone has arthritis, we're not
going to say, "Oh, it's because he
didn't do a proper
I mean, maybe it's that, but but maybe
not. So, obviously, this is a spiritual
idea. Now,
this is a statement in the Gemara
by a single person.
A single person.
And there's a lot that the Gemara does
not tell us.
For one thing, the Gemara does not give
us a list of the 613. There is no list.
Obviously, there are discussions in the
Gemara in isolation. Is something a
mitzvah? Is something not a mitzvah? For
example, when it says, "Do not charge a
Jew interest, but you can charge a
non-Jew interest." It's an offering. Is
that a mitzvah? You should charge a
non-Jew interest? Or is it just
permission?
So, obviously, there are many arguments
about particular things, but there is
absolutely in Chazal no listing
whatsoever
of the 613.
And there's certainly no listing that
correlates which mitzvahs go to which
bones and ligaments.
Theoretically,
there would be such a thing.
And some later swarm have tried to kind
of figure this out, but the Talmud
doesn't tell us.
Now,
the number 613
was accepted by virtually all later
commentaries
as the number that you're working with.
The only one that raises the question,
"Well, who says we got to accept that?"
is interestingly enough Ramban, Ramban
Nachmanides.
Nachmanides spends a few pages
kind of debating, well, you know,
listen.
I mean, one person in the Gemara have
mentioned 613, does that become an
article of faith? What if we had more
than 613? What if we had less than 613?
Because the problem is you're going to
say that when people try to count it,
they get into all sorts of problems.
So, Ramban actually suggests, who says
we're wedded
to 613?
And the Ramban points out that if you're
wedded to the number 613,
you're always going to have a problem.
Well, let let me give you two two
examples that the Ramban brings. There
There are more than that, but let's just
take two examples. There are two cases
in the Gemara where the Gemara debates
is something a mitzvah
or is something a reshut. Reshut means
optional.
One is what I had mentioned a moment
ago, whether you charge a non-Jew
interest, is that a mitzvah
or is that a reshut?
Another is by eved Kenaani, by
non-Jewish slaves.
The Torah says, "Leolam bahem ya'avodu."
Unlike a Jewish slave that is freed
after 6 years,
a non-Jewish slave is a slave forever.
So, the question is, is that simply
giving you permission
to hold on to him?
Maybe it's some later that we'll talk
about the morality of slavery, but
that's not the
the topic right now. Or is there
actually a mitzvah to keep him in
slavery? And indeed, the Gemara says,
you're not allowed to free
your non-Jewish slave unless there's a
compelling reason. The Gemara gives the
story that Rabbi Eliezer walked into
shul
and with his eved Kenaani, and he was
the ninth man for the minyan, and the
eved Kenaani would have been the 10th
person, but an eved cannot count for a
minyan.
So, he freed his Eved. He gave up It's
like paying $100,000. He freed his Eved.
And when an Eved Kena'ani is freed, he
becomes a full-fledged Jew in order to
count him for a minyan.
So, he was willing And again, as I say,
it's like giving up uh $100,000
to make to make a minyan.
Uh and the Gemara asks a kasha, "How can
he free his slave? You're not allowed to
free your slave."
And the Gemara's answer is I get my
clock is finished. Show you the model
learn it that for a very important
mitzvah, it would be permitted, but
otherwise, not.
So, we have a machlokes though. There is
an opinion that says it's only a reshus.
If you want to free him, you can free
him, but you're allowed to keep him.
Now,
Rebbi Eliezer.
Now,
Ramban makes the following argument.
If you're wedded
to the number 613,
then if you're So, how does this work?
Meaning, one opinion says
this is a mitzvah.
And one opinion says it's not a mitzvah
both in the case of interest of non-Jew
and freeing an Eved.
Well, that would mean, would it not,
that the one that says it's a mitzvah
now has 614?
Or or conversely,
if you're going to say that it's 613, if
this is a mitzvah, then the other
opinion only has 612.
Me- Meaning, how do you coordinate it
here? Uh because every time you add,
you know, you're you're you're you're
increasing the 613, or if you're getting
the 613, the other opinion is one less.
So, it has to be
that either we're not wedded to 613,
maybe there's 614, maybe there's 615,
maybe there's 700.
Or
perhaps
there has to be some type of zero-sum
game here that whenever you add
something,
something else is subtracted.
But but but we're not told what that
subtraction is going to be. So, the
Rambam, very fascinatingly,
again, if he would say today, he would
be condemned as an epicurus.
But of course, it's been well said that
the Rambam for sure would have been
condemned as an epicurus cuz the Rambam
would be violating his 13 principles of
faith that he formulated. Okay. That's
the way things work today. But the
Ramban is the only one who actually
plays with the idea
that, you know, 613 was an opinion and
there might be other ways of doing it.
But even the Ramban at the end of the
day,
his mascana is, his conclusion is, okay.
Everybody seems to go with 613, so we'll
accept it and the Ramban therefore works
out in great detail that whenever you
add something, you subtract something
and he tries to work it out. Okay.
So, the point is this.
Based on the Gemara in Makkos,
we are kind of stuck with the number
613.
And not only are we stuck with that
number, but we're also stuck with the
248 positives
and the 365 negatives,
but we are not given the benefit
of any listing in Chazal
of the 613 mitzvahs.
So, already in the time of the Gaonim,
meaning after the Gemara, in the Gaonim,
different types of lists
were made up.
And the most famous of them, Rav Saadia
Gaon,
wrote a listing of the 613 mitzvahs.
Uh but the earliest one was even before
Rav Saadia Gaon.
It is in the Sefer Halachot Gedolot.
And there's a machlokes who is the
author of Halachot Gedolot. Some say
it's Rabbi Shimon Kayyara
and others say Rabbi Yehudai Gaon.
And it's known as Bahag.
Bahag. Bahag means Bahal, the author of
Hilchos Gedolos.
Hilchos Gedolos is said to be
the very first Halachic safer after the
Gemara itself, meaning
uh in the early years of the Gaonim,
they tried to extract from Talmudic
discussion
what you might call Halacha L'Maaseh,
because anyone who learns Gemara knows
that Gemara typically does not give you
bottom lines. The Gemara gives you many
opinions and many interpretations, and
one of the jobs of the Gaonim, and
remember this is before the Rif, before
the Rambam, before the Shulchan Aruch.
Right? Obviously, this got really
developed later, but the Bahag was like
the first effort
to kind of create codifications
of the bottom line in Halacha. Now
again, later authorities didn't
necessarily follow the Bahag, but this
was the the the whole purpose of Hilchos
Gedolos. Now,
the Bahag's book
is prefaced
with a Hakdamah.
Uh and it's interesting, it's not even
clear if the Bahag wrote the Hakdamah.
But in the Hakdamah,
whoever wrote the Hakdamah, the Rambam
assumes it's the Bahag, but some say it
may not be, he says, "Before we discuss
all of the Halachos,
let me give you a list of the 613
Mitzvos of the Torah." So, one of the
earliest, may perhaps perhaps the
earliest listing of the 613 Mitzvos
is that in the Hakdamah
of the Bahag, Hilchos Gedolos.
And and as I say, the Rambam
over and over again just asserts this is
the Bahag's Minyan, although as I say,
some scholars have questioned
whether the Bahag
K'chol
a share Yeruha.
So, the Rambam says
when a person says, "I don't have to
keep this commandment because it's only
rabbinic."
The Rambam says that's not true.
Because the Torah itself commands you
to obey the Hakhamin.
And the proof for this idea
is that before we do a mitzvah
d'rabbanan
we make a brakha.
Let's take Hanukkah. And Hanukkah is
indisputably a rabbinic commandment.
Because it happens
you know, after this after the
destruction of the first Beit Hamikdash.
It happened during the second Beit
Hamikdash.
And yet, I still make the brakha.
Barukh ata Adonai
Eloheinu Melekh ha'olam
asher kid'shanu
b'mitzvotav.
He has sanctified us with his
commandments.
V'tzivanu
and he has com- He has commanded us
l'hadlik ner
shel Hanukkah.
Now,
did God command us
to light Hanukkah candles? He did not.
But indirectly, the Rambam says, since
he commands us to obey the decision of
the Hakhamin,
so it becomes a d'oraita.
But here's what the Rambam says.
Because
this is a generic directive to follow
the Hakhamin,
we do not count the individual rabbinic
laws
as separate mitzvot.
Because then you would have
another 500 added.
We have one mitzvah.
Lo tasur, which encompasses all rabbinic
laws,
as well as one positive commandment for
your sisa
who called it Yeruha. So, instead of the
methodology of counting every rabbin on
as a separate commandment
we have one commandment called listen
to the Hahamim.
We have it We have it both as a negative
commandment and a positive commandment.
We actually have two two of them.
Okay, so you see the idea? So, the
Rambam is moda
that you're obligated under Torah law to
listen to the Hahamim.
But, he's not going to count every
rabbinic law
as a separate commandment.
And he points out that the the Bahag
anyway is inconsistent because the Bahag
picks Hanukkah
and Megillah.
But, what about netilat shadayim? I mean
I mean there are many I mean once you
get into the business of counting every
individual rabbin on
why are you only counting Hanukkah
and Megillah?
There's netilat shadayim. There's kriat
saTorah.
Uh there's davening the Amida. You know,
there there's muktsa.
You know, so so the Rambam's approach is
yes
these rabbinans are deoraitas.
But, they are deoraitas under the
general rule and they do not get counted
separately. That's principle number one.
And uh here uh indeed the Bahag is very
very difficult. Even the Ramban
who wrote extensive commentaries on the
sefer hamitzvot and the Ramban tries to
defend the Bahag.
Like because the Rambam attacks the
Bahag throughout all the 14 shorashim,
every single shore ish there's some
criticism of the Bahag.
And the Ramban uh tries valiantly to
defend
the Hilchos Gedolos. But, on this one
the the even the Ramban kind of throws
up his hands and says um
I have difficulty
uh with uh with with with this one.
Okay. Um now
there's all sorts of questions about lo
sassur.
Sometimes,
uh, you walk by, you know, Yerushalayim
is very rich
in wall posters, paskvilin,
which, you know, every day somebody's
put in cherem and whatever it is, uh,
and the like. So, you you you might
often see that,
uh, the great rabbis, never giving you
their names, the great rabbis have
declared, uh, that, you know,
smartphones are ossur, and they'll quote
the pasuk, "Lo sassur."
Do not turn away. So, what does lo
sassur apply to? In other words, you
must listen to the rabbis.
Who are the rabbis
that you have to listen to?
So, the truth of the matter is,
in the Rambam's own definition,
lo sassur is referring very, very
specifically
not to the rabbis.
It is referring to the Sanhedrin
of 71,
which was our Supreme Court.
And the Torah even says that if someone
refuses to follow that decision, they
could be put to death.
That's called the zaken mamre, at least
if he was
uh, qualified enough to be a dayan. So,
if your local rabbi says something, or
or or even if the gadol hador says
something, so
here here is the thing. This is a subtle
point, and I I do not want to be
misunderstood.
Certainly, bederech klal,
one should follow
the psakim of gedolim. Of course, of
course, who is gedolim, and gedolim
argue, okay, those are questions, but
however, not because the Torah says I
have to follow their advice.
But, because
probabilistically,
they are probably more correct in their
understanding of Torah than I. That's a
That's a very different point. It's not
an institutional authority.
It is a probabilistic judgment. In In
other words, like this.
If Rebbe Elyashiv, let's say, came to a
certain shot, and let's assume nobody
argued with him.
And I learned the subject.
And I am convinced
that Rebbe Elyashiv misunderstood the
Gemara.
I am convinced.
Now, am I obligated
to follow his decision
because he was a gadol? The answer is
I'm not. I'm not.
Unlike the case of a Sanhedrin,
where I would have to follow them even
if I thought they were wrong,
Rebbe Elyashiv was not a Sanhedrin.
So, if in my judgment
And please don't don't don't uh
Don't go out until I finish the
sentence. If in my judgment Rebbe
Elyashiv was wrong,
I have the right
to follow my view.
But, here's the thing.
It would be foolish to do so
simply because
if if there's some question, is he right
or am I right,
a reasonable amount of common sense
humility
would indicate
that he probably got it right.
Now, do you see the difference here? If
the Sanhedrin issues a decision,
that is the halakha.
So,
I have to follow that.
If Rebbe Elyashiv issues a decision,
that doesn't make it the halakha.
That is an opinion as to what the
halakha is.
And he has his opinion,
and I have my opinion,
and theoretically,
I'm allowed to follow my opinion,
but I would be perhaps an idiot for
doing so.
So, there's a subtle difference here
between what what you might call
institutional
finality,
which is the Sanhedrin,
versus probabilistic
judgments. I mean, let's take something
Let's take Let's take a secular example.
Let's take physics.
Let's assume that I'm convinced
that Einstein misunderstood
general relativity.
Now,
do I have the right to say that Einstein
got it wrong? For sure I do.
But, you know,
what are the chances?
At least from my from my I mean, there
may be physicists who might have
standing, but from my perspective, the
chances that somehow I could prove
Einstein wrong are not that likely. So,
the MS is the license or that says you
must obey
is actually referring to the Sanhedrin.
It's not referring to the Godol Dor.
It's not go rabbis generally, although I
I as I submitted,
probabilistically, it is important to
very much respect and even revere the
opinions of people who are much much
greater
than us. And again, I understand who's a
Godol? That's a real good question.
Um
What do you do when there's a machlokes
about the Torah and the
real good question. I'm not answering a
lot of questions. I just want to
differentiate between the concept of
Sanhedrin
and the concept of Godol or rabbi or
whatever it is. They are operating on
two different planes. Now,
this is my understanding of the Rambam's
view. And that's why the Rambam, by the
way, didn't have any problem with
arguing on Gaonim. You could argue
against Gaonim. The Gaonim are, you
know, from the earlier generations. And
the Rambam maintained that
yeah, he had the right to argue with
them
because they were not a Sanhedrin
and their decisions were not binding. In
fact, the Rambam even had a problem that
he had to address.
Uh
what makes the Talmud authoritative?
Because much of the Talmud represents
discussions that were after the
Sanhedrin was abolished.
And the Rambam had to develop an
alternative route in which since Am
Yisrael accepted the Talmud as
authoritative, that makes it like the
Sanhedrin. I mean but that's that's a
big critique, you know.
Uh but you see that based on the
Rambam's authority idea even the Talmud
would create a certain problem. Did you
want to say something again?
>> Yeah, I have a question. This also
brought up a lot of
issues. For example, in the conservative
movement how you interpret, let's say
for Shabbat, and I is electricity really
turning on a car or
>> Yeah.
>> something like that. You're saying,
well, I there's no Sanhedrin ruling on
that, obviously.
>> Yeah.
>> They are interpreting it, you know,
you're it opens up this kind of
>> Uh it does open up a Pandora's Box and
you know uh
since uh
my reputation is shot anyway, so I I can
say things that uh are a little
controversial. Uh but but but again, I
do want That's why I do want to
underscore
that I am a big proponent of reverence,
respect,
and and understanding our limitations
vis-a-vis the truly great Torah
scholars. So, I'm not espousing a
concept of do your own thing, find your
own path. Uh I do think you have to look
at the Gedolei HaPoskim. I'm just saying
it is fundamentally a different
institutional framework than a
Sanhedrin.
Now, to be honest, though, I got to be a
complete The Sefer HaChinuch
seems to who came after the Rambam
And that also was a companion of
mitzvahs that's largely based on the
Rambam's listening. I'll get to it. The
safer hachinuch uh actually does include
in leisa soer
a mitzvah to listen to gedolei hador.
And the the interesting question is
what's the what's his source for that
assertion?
And then that opens up
again a Pandora's Box. Who is a godol
hador? You know, uh
I can tell you this. Uh in Israel
uh
the selection of gedolei hador seems to
be made by the media. You have Yad
Ne'eman and the like, and that is not a
halachic basis
uh
for determining uh gedolim. Uh so it is
it is tricky and I don't want to get
into all of that right now. Uh
but I just want to point out
that the Rambam is moving in two
directions at once. On one hand, he's
saying you don't count the rabbinic laws
as part of the 613.
On the other hand, listening to the
rabbinic laws is one of the Torah
requirements, right? So he's making it
every rabbinic is deoraita, but we don't
count them as separate deoraitas. We
count them as one deoraita. Now,
uh that's that's shoresh one, right? So
you see it's a rich that's the first
shoresh.
Another shoresh,
just to give you an example of the 14
shoresh,
is that the Rambam says we only count in
the 613 mitzvahs
mitzvahs
that are eternally binding.
There are many mitzvot in the Torah
that were only given for the generation
of the desert
that I mean let's take this. Hashem
tells Moshe, "Take your staff
and stretch it over the Nile."
Well, is that a mitzvah?
Well, it depends what you mean. Is that
a command?
Yeah, it is a command.
So, why don't I count as a mitzvah?
Pick up your staff and stretch it. But,
the answer is it was not a permanent
command. It was a command for one
particular occasion.
Many, many statements of the Almighty
were one particular occasion. And even
something that was
for many years. For example, do not
leave your mun over
until the morning.
Meaning, finish it.
Is that a divine command? Yes, it is.
It's a divine command.
Is it one of the 613 mitzvah? No, it's
not because it's not permanent. Now, you
may ask a question, well, what does that
mean not permanent?
I mean, we do count in the mitzvahs the
mitzvah of korbanot
and all sorts of things
that are not permanent. But, the truth
is they are permanent.
But, you need necessary conditions.
Meaning, at any point that we get the
base of mikdash
we're going to bring the korbanos. In
other words, the fact that a mitzvah has
conditions
and without those conditions, you can't
do the mitzvah, that does not make a
mitzvah temporary.
It is a permanent mitzvah
that has certain conditions that at
different times in our history are not
always going to be met.
That's very different than a temporary
mitzvah.
Now, it's interesting that on this
particular show dish
which Ramban Ramban writes extensive
commentaries mainly on the Shulchan
Aruch.
Uh
Ramban raises an interesting question
and this comes up with um
last week's parsha.
The Torah says
Leviim have mandatory retirement age.
Very young.
At least from my perspective, extremely
young. Got to retire at 50.
Right?
Go to Florida, right? You're a Levi at
50, you move to Florida.
So, what's the shot?
So, is there a commandment?
Cuz the Torah says, "Lo
ya'avod
od."
You shall not work anymore. That's a
negative commandment. That's a lo
ta'aseh.
Now, obviously when there's it's only it
only applies when there's a Beit
Hamikdash, but the question is
is there an aveira
for a Levi to work in the Beit Hamikdash
beyond the age of 50?
So, the Rambam says no.
And listen to what the Rambam's logic.
The Rambam says,
"The primary reason why Leviim were
disqualified at the age of 50
is because one of their jobs was to
carry the Aron Hakodesh on their
shoulders
when the Mishkan is moving from place to
place.
And it was thought that after the age of
50, the physical strength is not at its
maximum. So, the Torah excluded the
Torah required retirement at 50.
But since
the ark
was not carried from place to place
once we had a Beit Hamikdash,
so the reason for the retirement
no longer applied.
Therefore, the Rambam does not count lo
ya'avod od
as one of the 613 mitzvahs
because it was meant to apply
only during the years in the desert
when the Mishkan was
transported from place to place."
Now,
Ramban,
accepting the Rambam's rule,
disagrees with the application.
Because the Rambam says, well, listen,
it's true
that if you're not transporting the ark,
there is no issue of physical strength,
and it's also true that generally
speaking the ark would not be
transported, but theoretically
it might have to be moved.
And basically, let's say uh enemies
attack or whatever. And in fact, in the
days of Yoshiyahu Hamelech, before the
Churban,
the Aron Hakodesh was removed from the
Kodesh Hakodashim,
and it was hidden.
It actually was.
So, he says, so, just because it's going
to be a very rare case
of moving the aura,
but if it still exists, this mitzvah
will still apply, right? So, that's a
machlokes of application, but in in
principle, uh if it's not uh going to be
uh if it's not going to be permanent, it
is not counted as one of the mitzvahs,
yeah.
>> Rabbi, I have a very interesting
question, which may be a light when the
Rov says, "If you get a draft notice,
throw it out." Is he acting as somebody
who is giving you a Torah mitzvah, or is
he telling you something maybe where you
shouldn't get involved?
>> Well, you know,
um
this is a circular type of question,
because if you ask me, you'll get one
answer. If you ask him, you'll get a
different answer. So,
it's like uh you know, um
I will I will just say this. Uh I am I
am not going to answer whether you
should listen to him or not, but I will
say it is not a Torah mitzvah to listen
to him.
Uh that's what I will say. Uh whether
you should listen to him or not, I'll
leave that to to you or to the
to the individual that needs to make the
decision. But to claim Torah authority,
Torah authority, for that type of
directive, uh is not true.
>> Um
you know, as a rabbi, you're aware of
all these
statements.
And the latest of I'm I'm very confused.
Like, what's the commandment of of of
the Torah
>> No, no. So, so So, see I mean you need
to know you need to know some Jewish
history. For example, uh Hanukkah
was indeed an enactment when there was a
Sanhedrin. Uh so, as a result, it has
full absolute halakhic
authority. Uh the Sanhedrin remained in
existence till around the 5th century,
the 400s.
So, much of what we call rabbinic law is
indeed a product of the Sanhedrin.
So, that's why the Mishnah and the
Gemara, most of that stuff is binding on
us precisely for those for those
reasons.
Again, I I I I
I mean I'm I'm again I'm working on on
on thin ice here. I am not advocating
disobeying
uh poskim at all. I'm simply saying the
reason I listen to a posek is not the
same reason I listen to a Sanhedrin.
I listen to a Sanhedrin because
definitionally, that's the halakha.
I listen to a posek because my respect
for his opinion as to what the halakha
is
should be very great. But, technically,
it is an opinion.
It does not create the halakha. It is an
expert an expert opinion
as to what the halakha is, but that's
not the same as creating the halakha.
It's a subtle distinction. I I do think
uh
I I think it's an important one just to
understand.
And therefore, the idea that if I don't
follow a posek, I am violating lo tasur,
I I think it's an incorrect statement. I
might be sinning because I might be
violating the halacha because the possuk
might be correct, but it would not be a
low so sorry so it would simply be an
issue of I'm incorrectly following
Hilchos Shabbos or whatever it may be.
>> This is like a little bit of like
Russian when money goes up and down and
you're paying for it for the exchange.
Is that ribbis?
>> Uh
Uh it's very possible that it is. I
that's an interesting question. A lot of
people ask me that because of the
exchange rates. Um I I I won't talk
about it. Maybe next week just just to
give you a little bit of an answer. But
the the short answer is it really
depends
on the transaction. Uh if it is a shekel
transaction, then you have to pay in
shekels equal to what you got
uh even if that's more dollars. If it's
a dollars transaction, you have to pay
shekels equal to the dollars at the
time. So, it all depends on how the loan
is actually structured. Okay, well we'll
see you next week. Have a good good week
everybody.