web analytics
October 31, 2014 / 7 Heshvan, 5775
At a Glance
Judaism
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



Home » Judaism » Parsha »

Pru U’revu

Parsha-Perspectives-logo

In this week’s parshah the Torah commands us in the first mitzvah: pru u’revu – be fruitful and multiply. We rule in accordance with Beis Hillel that one fulfills this mitzvah when he has fathered one boy and one girl.

The Rambam (Hilchos Ishus 15:2) writes that women are exempt from this mitzvah while a man first becomes obligated in this mitzvah when he is 17 years old. Once he turns 20 and has not yet fulfilled the mitzvah, he has transgressed and is mevatel an assei. The Rambam adds, however, that if he is busy toiling in Torah and fears that if he marries the yoke of responsibilities will disturb his learning, he may prolong getting married. The reason he may prolong getting married is because the general rule is osek b’mitzvah patur min hamitzvah – when one is performing one mitzvah he is exempt from performing another. The Rambam concludes that we can certainly apply this rule in this case since the mitzvah that we are discussing is learning Torah – the greatest mitzvah of all.

The Acharonim were bothered by the Rambam’s explanation of this halacha. The Gemara in Moed Kattan 9a says that for a mitzvah that cannot be performed by anyone else, one must stop learning and we may not apply the concept of osek b’mitzvah patur min hamitzvah to the mitzvah of learning Torah. How then can the Rambam say that one may prolong getting married and be mevatel the mitzvah of pru u’revu because of osek b’mitzvah patur min hamitzvah, when that does not apply to the mitzvah of learning Torah? To make the question even stronger the Rambam added that we could certainly apply this concept here since we are dealing with the greatest mitzvah, learning Torah. And yet the exact opposite is true: specifically by the mitzvah of learning Torah we cannot apply this concept.

The sefer, Ma’aseh Rokeach, says that when the Rambam said that one could prolong getting married, he meant that this is so until he is 20 years old. That way one is not mevatel the mitzvah. So in essence there is no bitul mitzvah occurring, and therefore one may apply osek b’mitzvah patur min hamitzvah since one will not be mevatel the mitzvah in this case.

Rabbi Elchanan Wasserman, Hy”d, in Kovetz Ha’arus Hosafos 1, suggests that since the Rambam is referring to delaying the time until one gets married and not that one will never marry, we may liken this to a scenario whereby there is a mitzvah that can be done by others (since he can perform the mitzvah later) and we may thus apply the rule of osek b’mitzvah patur min hamitzvah even to the mitzvah of learning Torah. Reb Elchanan continues by explaining that the Rambam said that we could certainly apply this concept here since we are dealing with the mitzvah of learning Torah.

The reason why, in this scenario, this concept is more applicable to the mitzvah of learning Torah, even though we generally do not apply it to the mitzvah of learning Torah at all, is as follows: the reason why one must stop learning in order to perform a mitzvah that cannot be performed by anyone else is not because the mitzvah of learning Torah is inferior to all the other mitzvos, for it is indeed the greatest mitzvah of all. Rather, it is because when one must take care of his necessities (e.g., work for a living) there is no mitzvah of learning Torah. One is only obligated to learn Torah when he is free of his other obligations. When one is obligated to perform a mitzvah that cannot be performed by anyone else, the situation is no different and the obligation to learn is voided. However, if it is a mitzvah that can be performed by another person, or if he can perform this mitzvah at a later time, the obligation to learn Torah remains. Since he is obligated to learn we apply the concept of osek b’mitzvah patur min hamitzvah, and since the mitzvah of learning Torah is the greatest mitzvah of all we certainly apply the concept in this scenario.

In the following halacha the Rambam writes that one who never marries due to his sole desire to learn Torah, and always toils in it (like Ben Azai), has not transgressed. Reb Elchanan explains that even though in this scenario one is entirely mevatel the mitzvah, he has not transgressed because this is considered an oneis.

About the Author: For questions or comments, e-mail RabbiRFuchs@gmail.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Pru U’revu”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
How would the Peace Process look if Sweden used the IKEA approach?
Can IKEA Put Together a Middle East Peace Package?
Latest Judaism Stories
PTI-103114

People love their GPS; just type in the address and it tells you exactly how to get to where you want to go.

Grunfeld-Raphael-logo

In the same way as a married woman is precluded from marrying another man without a get, so too is this widow prohibited from marrying another man without chalitzah.

Daf-Yomi-logo

The Ban Of The Communities
‘Impaired Chalitzah’
(Yevamos 26b)

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

“My mother raised us to independence, all of us,” Rivka says, which certainly plays itself out in the fact that all three children have taken a different path.

“ ‘We’re almost out of stamps,’ I said. ‘I’ll be happy to run over to the post office and pick up a supply.’ ”

Bris Bein Habesarim affirmed that Hashem gave the land to Avraham’s children. It does not specify for how long. It did not guarantee the Jewish people eternal ownership of the land

According to the Raavad if one who is uncircumcised breaks something he will be exempt from paying for it since he was chayav kares at the same time as he was obligated to repay for the item he broke.

Why does Hebrew refer to mothers-in-law as “sunshine” when society often calls them the opposite?

Having herself been victimized by Pharoah, Sarah should have been more sensitive to Hagar.

Avram’s father was not impressed with the cleverness of his son. In fact, he was so unimpressed that he took him to Nimrod the king, who pronounced him an enemy of the state and attempted to execute him.

How do the stories in Lech Lecha help us understand the central tension of Abraham’s life, legacy?

Abraham did not govern society but instead was the representative of God’s kingdom on earth.

Hagar grossly miscalculated her own merits and demonstrated a serious lack of gratitude for Sarai.

Noach was the lonely man of faith living in a depraved world, full of wickedness.

More Articles from Rabbi Raphael Fuchs
Taste-of-Lomdus-logo

According to the Raavad if one who is uncircumcised breaks something he will be exempt from paying for it since he was chayav kares at the same time as he was obligated to repay for the item he broke.

Taste-of-Lomdus-logo

Others suggest that one cannot separate Shabbos from Yom Kippur by accepting Shabbos early.

While women are exempt from actually learning Torah, they are obligated in a different aspect of the mitzvah.

The Chafetz Chaim answered that there are two forms of teshuvah; teshuvah m’ahava and teshuvah m’yirah.

Since it is a Rabbinic prohibition we may follow the more lenient opinion.

They ask, how can Rabbeinu Gershom forbid marrying more than one wife, when the Torah explicitly permits it in this parshah?

First, how could a beis din of 23 judges present a guilty verdict in a capital punishment case? After all, only a majority of the 23 judges ruled in favor of his verdict.

Printed from: http://www.jewishpress.com/judaism/parsha/pru-urevu/2012/10/11/

Scan this QR code to visit this page online: