Monday, August 27, 2007

Zeh Keli V'Anveihu/hiddur mitzvah con...

We left off yesterday with two questions on Rashi. The first was - how could Rashi say that hiddur mitzvah makes a dry lulav pasul even b'dieved, when in general hiddur mitzvah is only a l'chatchila as we see by binding a lulav.
First off, we should note that the gemara in gittin 54b says that if one has a sefer torah where all of the azkaros (hashem's name) are darker than the rest of the sefer torah (because the sofer forgot to write them lishmah so he rewrote the name over them), so the halacha is that the sefer torah is totally pasul because it is not "v'anveihu". Here we actually have a proof for Rashi that hiddur mitzvah can be m'akev. Thus, we really only need to distinguish the binding of a lulav from the din of a dried out lulav and from a sefer torah that is m'numar (where the azkaros are ""spotted").
The answer to this question would seem to be (I believe I heard this over from a number of people in the name of R' Soloveichick) that there are in fact two dinim in the din of Zeh Keli V'anveihu. In order to explain these two dinim let us turn to the gemara in Baba Kama 9b where the gemara says that "by hiddur mitzvah one must add on up to a third". Rashi explains that what this means is that if one has two esrogim and one is within a third bigger than the other, so he must take the bigger one. Now if one thinks about this din of Zeh Keli V'anveihu it would seem obvious that it is not m'akev. Certainly the smaller esrog is kosher. There is simply a din l'chatchila based on zeh keli v'anveihu to take the bigger esrog. It's a "relative" din. If one esrog is "relatively" nicer (within a third) you should take that one.
We can say that this first din of zeh keli v'anveihu is in the "gavra", the person. A person should run after mitzvos to try to do them in the best way possible. This is the first din of zeh keli v'anveihu, and it is not m'akev.
The second din of Zeh Keili V'anveihu is in the "cheftza", the item itself. If the sefer torah is m'numar, or the lulav is dried up, so the cheftza shel mitzvah is not v'anveihu and it is pasul b'dieved. The spotting of the sefer torah and the dry lulav is a part of the cheftza shel mitzvah. Thus, if it is not v'anveihu it is pasul b'dieved. However, the binding of the lulav is external to the lulav and is only a din l'chatchila. We had a second question on Rashi, but we will leave that for another time. Tafasta merubah lo tafasta.