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Are there two separate halachos of mitzvah (מצוה) haba ba'aveira — psul b'cheifetz (a stolen object) and ein aveira mitzvah (doing an aveira during the mitzvah)? The shiur resolves the Minchas Chinuch's difficulty with Tosfos and Kivei Ager's kasha by distinguishing between Rav Yochanan's din (psul nachefetz) and a possible separate din by Shmuel (aveira b'shas ma'aseh). The Rambam (רמב"ם)'s shitah combines both: the aveira must attach to the cheifetz.
This shiur examines the fundamental structure of the din of mitzvah (מצוה) haba ba'aveira through an analysis of Sukkah 30a, Tosfos, the Rambam (רמב"ם), and various Rishonim. The central question is whether mitzvah haba ba'aveira represents one unified halacha (הלכה) or two distinct dinim. The shiur begins by establishing two possible categories: (1) psul b'cheifetz — where the object itself is disqualified even though the person performing the mitzvah is not actively doing an aveira (the classic case being gazol domim u'piseach, a stolen object used for a mitzvah after ye'ush); and (2) ein aveira mitzvah — where the performance of the mitzvah itself constitutes an aveira. The Minchas Chinuch asks why matzah shel tevel (untithed matzah) requires a special pasuk to disqualify it — isn't it automatically mitzvah haba ba'aveira? The Minchas Chinuch answers that Tosfos on daf tes holds mitzvah haba ba'aveira is only d'rabanan when it's psul b'cheifetz, but when you're doing an aveira b'shas ma'aseh (at the time of the act), it may be a Torah (תורה)-level disqualification.
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Sukkah 30a
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