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Rambam
Rabbi Yitzchok Etshalom
Kriat Shema 2:5-6
5. If he was engaged in Talmud Torah and the time for K'riat
Sh'ma arrived, he interrupts [his study] and reads [K'riat Sh'ma]
and recites the B'rakhot beforehand and afterwards.
If he was involved in *Tzor'khei Rabim* (lit. "community needs"),
he should not interrupt; rather, he should complete their affairs
and then read - if there is time left in which to read.
********
6. I he was involved in eating, or he was in the public bath, or
he was involved in getting a haircut, or if he was examining
hides (in a tannery) or if they were engaged in a court case, he
completes [the activity] and afterwards reads K'riat Sh'ma. If
he was concerned that the time for K'riat Sh'ma might pass and he
interrupted [the activity] and read, this is praiseworthy.
[RABD: "If he was involved in eating..." The RABD wrote: No!
Rather he must interrupt [the activity] and read, even if there
is enough time to read [afterwards], because [K'riat Sh'ma] is
d'Orayta (mandated by the Torah); and if there isn't enough time
remaining, he [even stops] for Tefillah, which is d'Rabanan
(mandated by the Rabbis). This idea is found in Tractate
Sukkah...and is hinted to in Tractate Berakhot.]
The Exemption of "Osek beMitzvah"
Yitzchak Etshalom
I.
HA'OSEK B'MITZVAH PATUR MIN HAMITZVAH
The Mishna in Sukkah (2:7) states: *Shluhei Mitzvah P'turim Min
haSukkah* - emissaries, on their way to perform a Mitzvah, are
exempt from the Mitzvah of living in a Sukkah. The Gemara
(Sukkah 26a) quotes a Baraita which explains that those who are
travelling in order to fulfill a Mitzvah, even if they are only
travelling during the days of Sukkot, are exempt from the Mitzvah
even during the nights of Sukkot.
The Gemara in Sukka also quotes the following Halakha in the name
of R. Hananya b. Akavia:
"Those who are writing S'farim (= Sifrei Torah), Tefillin and
Mezuzot, they, their salesmen and their salesmens' salesmen (i.e.
all the middlemen from the scribe to the consumer) and all who
are involved in *M'lekhet Shamayim* (lit. "God's work) -
including those who sell Tzitzit, are exempt from K'riat Sh'ma,
Tefilla, Tefillin and from all Mitzvot in the Torah - to support
the words of R. Yossi haG'lili, since R. Yossi haG'lili said:
*Ha'Osek b'Mitzvah Patur min haMitzvah* - (lit. - "one who is
engaged in a Mitzvah is exempt from another Mitzvah.")."
The Mishna in Berakhot (2:4) states that a bridegroom is exempt
from K'riat Sh'ma for the first four nights - or until he
consummates the marriage, whichever comes first - because he is
"tarud bemitzvah" - he is thinking about and concerned regarding
the Mitzvah he is about to perform. It is instructive to note
that the Mishna only discusses the grooms's exemption with
regards to K'riat Sh'ma; yet, the Gemara (Sukka 25a) ties this
Halakha in with the general rule of Ha'Osek b'Mitzvah.... This
may mean that the rule of Ha'Osek b'Mitzvah... is limited
regarding from which Mitzvot we are exempted while engaged in
others.
From these three Halakhot, we learn that both people who are
actively engaged in the performance of a Mitzvah (or, at least,
certain Mitzvot) and also those who are on their way to perform a
Mitzvah are exempt from doing other Mitzvot (or certain
Mitzvot).
II.
THE SOURCE(S)
The Gemara (Sukka 25a) presents two sources for the Halakha of
Ha'Osek b'Mitzvah...
(a) "(You shall teach these words to your children and speak
them) *B'Shiv't'kha b'Veitekha uv'Lekht'kha vaDerekh* - when you
are doing your own sitting at home and when you are doing your
own walking on the way" - From *B'Shiv't'kha b'Veitekha*, we
exclude/exempt someone who is *Osek b'Mitzvah* - and from
*uv'Lekht'kha vaDerekh* we exclude/exempt a bridegroom. The
Gemara explains that because of the phrasing *shiv't'KHA* - your
own sitting, we infer that your are only obligated to do a Mitzva
when you are otherwise unoccupied with Mitzvot - when you are
involved with your own affairs. As Tosafot (s.v. uv'Lekh't'kha)
points out, the first verse teaches us that someone who is
presently travelling to perform a Mitzvah is exempt; whereas the
bridegroom is just sitting at home, worrying and concerned about
his own upcoming consummation - therefore we need two phrases, to
teach us that even someone who is "engrossed and concerned" with
an upcoming Mitzvah is exempt from other Mitzvot.
(b) In Bamidbar (Numbers) 9, we read about some people who were
impure and unable to perform the Pesach sacrifice. The Gemara
presents several opinions about who they were and to whose burial
they attended - which caused their impurity. One of the options
is that they were involved with a burial, such that the seventh
day of impurity came out on Erev Pesach - and, even though this
prevented them from participating in the Pesach, they did not
desist from burying the person a week earlier. The application
is that their earlier involvement with burial was proper, even
though it excluded them from a later Mitzvah.
Significantly, neither of these sources relates to someone who is
presently performing a Mitzvah - that he is exempt from another
one. Both relate to time-delay exemptions; either exempting you
from Mitzvot while you are engrossed in the details of an
upcoming Mitzvah, or allowing/obligating you to perform a
specific Mitzvah, even though its performance will exclude you
from a later Mitzvah.
The first source is a bit difficult - how do we infer from a
verse which relates uniquely to K'riat Sh'ma ("when you sit in
your house...") that involvement in any Mitzvah exempts you from
doing another? We will file this question and respond to it later
on in the shiur.
III.
THE ISSUES
In investigating the rule of Ha'Osek b'Mitzvah..., there are five
issues which demand clarification:
(a) which Mitzvot "exempt" us from performing others? In other
words, does involvement in any Mitzvah exempt you, or only
specific Mitzvot?
(b) For which Mitzvot do we not interrupt? In other words, when
engaged in a Mitzvah, do we never interrupt for another Mitzva,
or do we interrupt for some Mitzvot, and not for others? (this is
the inverse side of the first question)
(c) How parallel are the laws of interrupting Mitzvah-performance
and Mitzvah-preparation? In other words, do the same parameters
apply to interrupting performance of a given Mitzvah and
interrupting travel/preparation for a given Mitzvah?
(d) Why is Talmud Torah treated differently (both here and
elsewhere - see MT Talmud Torah 3:4) than other Mitzvot, such
that we do interrupt Torah study to perform other Mitzvot?
(e) What is the rationale for the rule of Ha'Osek b'Mitzvah Patur
min haMitzvah?
IV.
INTERRUPTING TALMUD TORAH - RAMBAM'S APPROACH
Before directly addressing these questions, there are two Rambams
(selections from MT) which seem to stand in contradiction -
resolution of which may be a key to unlocking the basis of the
rule: Ha'Osek b'Mitzvah Patur min haMitzvah.
In Hilkhot Talmud Torah 3:4, Rambam rules that if he had the
option of either performing a Mitzvah or Talmud Torah; if the
Mitzvah could be done by someone else, he should not interrupt
his study. If not, he should perform the Mitzvah and return to
his study. (See our discussion at this Halakha). This indicates
that Talmud Torah takes a "back seat" to other Mitzvot, at least
from a perspective of *d'chiyah* - one being pushed away in favor
of the other. (From the beginning of Rambam's phrasing, he seems
to be addressing a situation pre facto - before the person has
begun his study; however, from the rest of the Halakha, it is
clear that this rule applies even after the person has begun his
study. Even if he is in the middle of study - and certainly if he
has not yet begun - he interrupts this study in order to perform
the Mitzvah which could not be done by anyone else.) Even
further - Talmud Torah takes this "back seat" to ALL other
Mitzvot; since, if we are involved in any other Mitzvah, we do
not interrupt it for another Mitzvah. For instance, if someone is
involved in taking care of a found item, which he is caring for
until the owner claims it, he is exempt from giving Tzedaka (BT
Bava Kamma 51b); on the other hand, if he is studying and someone
in need approaches him, he is obligated to interrupt his study in
order to give Tzedaka.
Parenthetically, there are two types of situations where a
Mitzvah would need to be done by this person alone; if there is
no one else around (or no one capable of doing it); or if it is a
*Mitzvah sheb'Gufo* - a Mitzvah which must be done by that
individual. For instance, Tzedaka need not be done by everyone;
if the needy person is cared for by another, the end of that
Mitzvah has been met - the man has food in his stomach, a roof
over his head etc. However, if the time for eating Matzah or
shaking a Lulav comes, these are not Mitzvot which are satisfied
by the result of them BEING DONE; they must be done by the
self-same person who is commanded. I must shake Lulav and eat
Matza - so I must necessarily interrupt my study for these
Mitzvot.
In Hilkhot Ishut (15:2), Rambam rules that a man is obligated in
the Mitzva of having children - "be fruitful and multiply" - from
the age of 17. By the age of 20, he is considered to have
"ignored" this Mitzva if he has not yet married (and, presumably,
begun his attempts to sire children.) "...However, if he was
engaged in Torah study *v'Tarud Bah* - (and engrossed in it), and
was afraid to marry, lest he become too busy with working to
support [his wife] - which will take him away from Torah - he is
allowed to delay [marriage]. Because Ha'Osek b'Mitzvah Patur min
haMitzvah - all the more so regarding Talmud Torah."
Here, Rambam makes an about-face, placing Talmud Torah above all
other Mitzvot, insofar as it should most certainly not be
interrupted in order to perform another Mitzvah.
V.
RESOLVING THE RAMBAM
Talmud Torah is, as Rambam intimates, greater in value than any
other Mitzvah. The question is not so much why we allow someone
to delay marriage and children (and, in some cases, put it off
altogether, see MT Ishut 15:3) - the question is why Talmud Torah
is so easily interrupted for other Mitzvot.
Immediately before presenting the Halakha that Talmud Torah is
interrupted for all other Mitzvot, Rambam states:
No other Mitzva among the Mitzvot can be equated to Talmud Torah;
rather Talmud Torah is equal to all of the Mitzvot combined; for
study leads to action. Therefore, study takes precedence over
action in all cases.
Here, Rambam is establishing the place of Talmud Torah within the
larger matrix of Mitzvot: Talmud Torah is not another one of the
613 Mitzvot - it cannot be reckoned in a list with Lulav, Shofar,
returning lost items etc. Although it is one of the 613, it plays
a different role than any other, in that all other Mitzvot depend
upon Talmud Torah for their fulfillment. How can we properly
observe Shabbat, avoid Hametz, conduct ourselves properly in
business etc. without learning about those specific areas of
Jewish law? Therefore, Talmud Torah is "balanced" equally with
all other 613 Mitzvot. Even the Mitzvah of Talmud Torah needs to
be researched, analyzed, discussed and taught (as we did in this
forum). Talmud Torah is certainly the "greatest" Mitzvah of all
- yet, it's relationship with other Mitzvot may be misleading.
Since the goal - or one of the goals - of learning is
application and action, and regarding one who studies but does
not fulfill the mandates of his learning, the Rabbis stated that
"it would have been better if he had been stillborn" (JT Shabbat
1:2), it seems clear that it would be violating the goal of
Talmud Torah to ignore a Mitzvah which presents itself to the
student. Not only do we first perform the Mitzvah and then begin
study; we even interrupt study in order to perform the Mitzvah -
this is not due to the "weakness" of Talmud Torah relative to
other Mitzvot, rather on account of its greatness - Talmud Torah
implies action and, the greater the level of study, the greater
the commitment to realizing the implications of that study should
be.
This is all predicated upon the assumption, as Rambam writes,
that after performing the Mitzvah which interrupted him from
study, he "returns to his study." Here is where the unique
situation addressed in Hilkhot Ishut comes into play. When we
speak about a Mitzvah which takes a defined amount of time and
energy to complete (e.g. giving Tzedaka, shaking Lulav), it is
reasonable to say that we should interrupt study in order to
fulfill that - as that is the great lesson of learning - and then
we return to the "source" of that commitment and inspiration.
However, when the Mitzvah involvement will engross us permanently
and intensely in something new - then we must take a different
perspective. Here, the great value of Talmud Torah places it
"above" other Mitzvot. Since the rule is Ha'Osek b'Mitzvah Patur
min haMitzvah, if one is engrossed in learning, he is exempt from
involvement in another Mitzva which will take him away from that
intense learning on a constant basis.
VI.
HA'OSEK - NOT EVERY MITZVAH
Rabbenu Meshulam (commentary on Sukkah 25a) points out that the
phrase of the rule is Ha'Osek - meaning, one who is engrossed and
involved. In other words, just doing a Mitzva is not sufficient
reason for an exemption - for example, it is quite easy to give
Tzedaka while wearing Tzitzit without it taking away one iota
from the Mitzvah of Tzitzit (Ritba, Sukka 25a s.v. Shluhei). It
is the *Osek*-nature of the involvement, that we are concerned
that if you turn away from the Mitzva in which you are engrossed
and which takes focus - in order to do another - that that may
impair your ability to perform the first Mitzvah completely.
Rashi (Sukka 26a s.v. Hol'khim) makes this point, when he
explains that the reason that those who are travelling during the
day are exempt at night from Sukkah, because "even though they
are only travelling during the day; since they are concerned and
worried about the Mitzvah and its appurtances, they are exempt
from the Mitzvah [of Sukkah]." In other words, since by
concerning themselves with constructing or locating a Sukkah
during the evening (while they are not directly involved in
whatever Mitzvah they are travelling to perform), they will
likely lose their focus on the next day's travels and activities
- they are exempt even at night from Sukkah.
This may work in the inverse - it may be that we may interrupt
being Osek b'Mitzvah for certain other Mitzvot which do not, in
any way, take away from the concentration necessary for the first
one. The Gemara (Sukkah 25b-26a) states that a groom, his
attendants and all of the wedding party are exempt (for the first
seven days) from Tefilla and Tefillin, but are obligated to say
K'riat Sh'ma. Although Rashi claims that the author of this
statement does not accept the rule of Ha'Osek b'Mitzvah (see Rif,
HaMaor and RABD here), Ritba does suggest that this is the
reason. Therefore, he says, since it is possible to interrupt
the celebration and focus long enough to recite Sh'ma properly
(with total concentration only needed during the recitation of
the first verse) - we do obligate them to interrupt their Mitzvah
of celebration for this; however, since both saying Tefillah and
wearing Tefillin require much more concentration, we exempt them
from these, due to their involvement in the Mitzvah of
celebration.
In summary, it seems that the central issue of Ha'Osek b'Mitzvah
is one of focus; if someone is involved in preparations or
concerns about an upcoming Mitzvah, that exempts him (even
disallows him - see Ritba in Sukkah) from "leaving" that level of
focus in order to perform another - unless that performance would
in no way lessen the fulfillment of the first Mitzvah. The rule
is not stating that while you are performing one Mitzvah, you
need not interrupt it to perform another. As the Or Zarua'
(#299) points out, there is no need for a verse or special
Halakha to teach that; for "what reason would we have to think
that he would leave one Mitzvah in which he is involved, in order
to become involved in another Mitzvah - even a "lighter" Mitzvah
would not be interrupted for a "serious" Mitzvah, since no one
knows the reward for Mitzvot (i.e. which "weighs" more).
VII.
We can now look at the five issues raised earlier and attempt to
answer them:
(a) which Mitzvot "exempt" us from performing others? In other
words, does involvement in any Mitzvah exempt you, or only
specific Mitzvot?
A: Only those Mitzvot which take some type of focus and
concentration.
(b) For which Mitzvot do we not interrupt? In other words, when
engaged in a Mitzvah, do we never interrupt for another Mitzva,
or do we interrupt for some Mitzvot, and not for others? (this is
the inverse side of the first question)
A: Same as before - we will not interrupt to perform a Mitzvah,
unless it can be done without taking away from the concentration
needed to complete the first one. For example, although
travelers on a mission for a Mitzvah (e.g. to greet their
teacher, to ransom hostages) are exempt from Sukkah even during
the time of day when they are not traveling, nevertheless, they
are still obligated to say K'riat Sh'ma - since that can be
accomplished without taking away from their journey and its
preparations and concerns.
(c) How parallel are the laws of interrupting Mitzvah-performance
and Mitzvah-preparation? In other words, do the same parameters
apply to interrupting performance of a given Mitzvah and
interrupting travel/preparation for a given Mitzvah?
A: From our sugyot, it seems that there is a total parallel -
such that it doesn't matter if you are doing a Mitzvah or are
involved in one (preparing, traveling etc.) or even engrossed in
thinking about one (e.g. the groom - although no other example
comes to mind); in any case, you are exempt from other Mitzvot,
under the qualifications outlined above.
(d) Why is Talmud Torah treated differently (both here and
elsewhere - see MT Talmud Torah 3:4) than other Mitzvot, such
that we do interrupt Torah study to perform other Mitzvot?
Because the goal of Talmud Torah is action...but see the next
section.
(e) What is the rationale for the rule of Ha'Osek b'Mitzvah Patur
min haMitzvah?
See next section.
VIII.
THE INFERENCE FROM *B'SHIV'T'KHA B'VEITEKHA*
The one question we have left is - how do we get from a verse
which exempts someone from saying K'riat Sh'ma if they are
involved in other "Heavenly" activities - to Ha'Osek b'Mitzvah
Patur min haMitzvah?
I believe that there is a logic flow here:
[Keep in mind that the context of that key verse is not only, or
mainly, K'riat Sh'ma, but Talmud Torah]
1. When faced with Talmud Torah or another Mitzvah, we perform
that other Mitzvah;
2. Talmud Torah is greater than all other Mitzvot;
3. If we don't interrupt another Mitzvah in order to involve
ourselves in Talmud Torah, how much more so that we do not
interrupt one Mitzvah for another (not Talmud Torah) Mitzvah!
There is strong support for this proposal, that the entire rule
of Ha'Osek b'Mitzvah is rooted in the Mitzvah of Talmud Torah.
Talmud Torah is a Mitzvah which, by its very nature, demands a
high level of concentration and single-mindedness. It is for
that reason, it seems, that the Torah exempted us from learning
when there is another Mitzvah which must be done and noone else
can do it; because it is impossible to properly learn while doing
something else. That explains why the the rule of Ha'Osek
b'Mitzvah is guided by the level of concentration needed for a
specific Mitzvah - both the one we are considering interrupting
and the new one which has come along.
RESPONSE:
Halakha 5:
Q1: Why should we interrupt Talmud Torah to read K'riat Sh'ma -
isn't that what K'riat Sh'ma is - study?
A: All that and more. As I have pointed out several times in
previous shiurim, K'riat Sh'ma is a "kiyyum" of Talmud Torah;
but, in addition, it also comprises Kabbalat Ol Malkhut Shamayim
(accepting God's authority) - along with, as Rambam points out
(1:2) "the [declaration of the] Unity of God, [the Mitzvah of]
loving Him and [the Mitzvah of] studying Him (=his Torah)." We
must note the opinion of R. Shim'on b. Yohai (JT Berakhot 1:2)
that we do not interrupt study to recite K'riat Sh'ma - the
argument provided there is that "Zeh Shinun veZeh Shinun" - both
Talmud Torah and K'riat Sh'ma are learning - "v'ein m'vat'lin
shinun mip'nei shinun" - we do not leave one learning for
another. The Gemara goes on to qualify that this only holds true
for R. Shim'on and his colleagues, whose learning was so constant
and passionate that any part of learning was as valuable as
K'riat Sh'ma.
Q2: Once he has interrupted his studying, why does Rambam need
to to inform us that he also recites the B'rakhot?
A: We might think that we only interrupt study to recite K'riat
Sh'ma because it is also learning (plus those other components
mentioned); however, the B'rakhot, which do not comprise a kiyyum
(fulfillment) of Talmud Torah, might not be worthy of
interruption. In addition, if he interrupts study to recite
K'riat Sh'ma, he remains in the context of study; while reciting
it with the B'rakhot moves him from a pure study mode into a
worship mode.
Q3: What is the definition of *Tzor'khei Rabim* in this
context?
A: It likely means any "public need"; whether it is a court
session (see BT Shabbat 11a - the example provided is when the
court is in session to decide about intercalation of the year) or
general public needs (e.g. raising funds for the needy). See MT
Yom Tov 7:10-12 for a list of Tzor'khei Rabim. (for those who do
not have access to the text, it basically includes public needs,
such as clearing roads; along with all ritual and civil religious
actions)
Q4: Why do *Tzor'khei Rabim* "outweigh" K'riat Sh'ma?
A: Here we utilize the general rule of "Ha'Osek beMitzvah Patur
min haMitzvah" (see shiur above).
Art Werschulz (): Even more to the point,
why do tzor'khei rabim outweigh talmud torah? After all, one must
interrupt talmud torah for kriat sh'ma, but not tzor'khei rabim.
Possible answer: There are presumably many people learning Torah
at any given time. OTOH, the person engaged in a particular
community need might be the only person capable of fulfilling
said need.
Q5: How much time needs to be left in order to read K'riat
Sh'ma - the "ideal" time or any time?
A: It would seem reasonable that if the Tzor'khei Rabim were
completed before three hours into the day, which is the end of
"Z'man K'riat Sh'ma", that he should still read. However, note
the approach of the Kessef Mishneh, that Rambam holds that K'riat
Sh'ma of daytime essentially may be said all day; although that
has no other practical application, it may be significant here;
we may hold that if the public concerns were completed before the
end of the day, that he should still say K'riat Sh'ma.
Halakha 6:
Q6: Where did Rambam get this list of activities?
A: The Mishna in Shabbat (1:2) states: "A person should not sit
in front of the barber near the time for Minchah (the afternoon
Tefillah) until he prays; [similarly] he should not enter a
bathhouse or a tannery, begin a meal or a court case; however, if
he began [any of these], he need not interrupt (the activity in
order to pray). We interrupt [such activities] for K'riat Sh'ma
but not for Tefillah." This is most probably the source for
Rambam's list. See the answer to the next question for a fuller
treatment of this passage.
Q7: Why wouldn't someone have to interrupt these
(non-obligatory) activities in order to read K'riat Sh'ma?
A: Commenting on the passage quoted above, the Gemara in Sukkah
(38a) distinguishes between a situation where there is enough
time after completing the activity to fulfill the Mitzva (K'riat
Sh'ma or, in the case of the Gemara there, shaking Lulav) and
where there is not enough time. If there is enough time, we need
not interrupt the activity (although it is laudatory to do so);
it may be completed before doing the Mitzvah in questions. If
there is not enough time, we do need to interrupt the activity to
perform the Mitzvah.
Rambam may be following this line of reasoning; that if there is
enough time, he need not interrupt. In that case, the first
clause of the Halakha is referring to a situation where there is
definitely enough time to complete the activity (e.g. haircut)
and then read K'riat Sh'ma in time.
The Gemara then draws another distinction - between Mitzvot which
are d'Orayta (mandated by the Torah) and those that are d'Rabanan
(Rabbinically ordained). RAN (18b in Rif pages) summarizes the
results of the sugya as follows:
(a) regarding a Mitzva mid'Rabanan (like Tefillah), even if he
began the meal (for example) after the time for that Mitzvah had
arrived, he need not interrupt the meal, as long as there will be
enough time after the meal to perform the Mitzvah on time;
(b) regarding a Mitzvah mid'Orayta (like K'riat Sh'ma), if he
began the meal after the time for the Mitzvah arrived, he must
interrupt immediately (as soon as he realizes) and perform the
Mitzvah, even if there is enough time to finish eating and
perform the Mitzvah on time. However, if he began the meal
"legally" - i.e. before the time of the Mitzvah had arrived, he
need not interrupt the meal, even to perform a Mitzvah d'Orayta -
as long as there is sufficient time to finish eating and perform
the Mitzvah on time.
We can then posit that Rambam accepts this distinction (staring
"legally" or starting "late"), and that our Halakha is relating
to a situation where he began the activity before the time for
K'riat Sh'ma (actually, before 1/2 hour before K'riat Sh'ma time
- this will be discussed later.)
Q8: What is the basis for the dispute between Rambam and RABD?
A: It may be that RABD does not accept the distinction between
starting early or late; in any case, regarding a Mitzvah
d'Orayta, one must interrupt immediately; alternatively, RABD may
be understanding that Rambam is not making that distinction and
that he would allow you to continue the meal even if you started
late. One other option - he could understand the Gemara in
Sukkah that the ultimate distinction is between Mitzvot d'Orayta
(always interrupt) and those which are d'Rabanan (depends on if
there is enough time left).
Q9: What is the "hint" in Berakhot, alluded to by RABD?
A: As we mentioned in a few earlier shiurim, R. Yehuda haNassi
interrupted his teaching to read K'riat Sh'ma - the first verse.
As outlined in those shiurim, this is a strong proof for those
who hold that only the first verse is d'Orayta. Here we see that
even if he began the activity (in this case, teaching) "legally",
he still must interrupt for a Mitzvah d'Orayta. If this is the
correct identification of RABD's Berakhot hint, then this only
relates to interrupting for a d'Orayta regardless of when you
started; it also presents the RABD-Rambam dispute in light of the
first answer, Q3 above.
POSTSCRIPT: THE RAN
The RAN, quoted above in Q2, distinguishes between Mitzvot
d'Orayta and d'Rabanan in re: interrupting a non-permissible
activity (e.g. a meal) - i.e. one that was begun after the time
for that Mitzvah arrived.
There are three ways to understand this distinction:
(a) "Weight" - we generally relate to Mitzvot from the Torah with
more severity than those ordained by the Rabbis; for example, a
"Safek" (case of doubt) is decided to the stringent side of the
question if it involves a law from the Torah; it is decided to
the lenient side of the doubt in case it involves a Rabbinic law.
Therefore, as long as (under normal circumstances), there will be
enough time to fulfill the Mitzva, we are not bothered by your
putting it off. A "twist" on this is to incorporate the "Safek"
issue here: Since we are not 100% sure that we will complete the
activity in time and be able to perform the Mitzvah properly, let
us judge the situation as a "Safek" - if it involves a Mitzvah
from the Torah, we are stringent and interrupt; if it is
Rabbinic, we need not interrupt.
(b) "Legislation" - we could posit that the Rabbis, when they
mandated certain Mitzvot (e.g. Lulav during the rest of Sukkot
after the first day), never legislated that it should necessitate
interruption; whereas Mitzvot from the Torah carry this character
with them.
(c) "Nature of the Concern" - perhaps the distinction begins from
a different issue: We don't interrupt for a Rabbinic Mitzvah,
because our only concern is that the Mitzvah be fulfilled - "to
fulfill the words of the Rabbis"; as long as there is sufficient
time, we need not interrupt our [mundane] activity for the
Mitzvah. Contradistinctively, when the time to perform a Mitzvah
from the Torah ("the word of God") has arrived, it is unseemly to
get involved in another activity and this involvement itself
constitutes a "slap" at the Torah; the obligation to interrupt
the activity is a response to this wrong-headed prioritization -
putting your own needs before your responsibility to God's
commands.
Rambam, Copyright (c) 1999 Project
Genesis, Inc.
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