Mitzvah Haba'ah B'Aveirah and Divine Recognition of Property Rights

Full Summary

This shiur examines a complex passage in Masechta Sukkah dealing with the concept of mitzvah (מצוה) haba'ah b'aveirah (a mitzvah performed through sin), specifically regarding stolen objects used for korbanos. The Gemara (גמרא) states that a stolen animal may never be used for a korban, even after the original owner has given up hope (ye'ush) and the thief has technically acquired it. The Rav begins by questioning Rashi (רש"י)'s interpretation that using a stolen korban constitutes an "issur" (prohibition) rather than simply invalidating the mitzvah. The central focus is on understanding the biblical verse "I hate gezel b'olah" (I hate theft in burnt offerings) through a parable about a king who pays taxes at his own tollbooth. Initially, this parable seems disconnected from the halachic discussion, as the king loses nothing by paying himself. The Rav resolves this by explaining that the tollkeeper receives a percentage of collections, so when the king pays, he demonstrates respect for the rights he granted to his appointee. This leads to a profound theological insight about the difference between God's names Hashem (ה׳) and Elokim. Hashem represents God as the totality of existence, unaffected by human actions. Elokim represents the aspect through which God relates to humanity and can be "affected" by our deeds. When HaKadosh Baruch Hu created property rights and told us not to steal, He didn't merely establish a practical system for dividing resources - He granted real ownership rights that He Himself honors. The Rav explains that when someone brings a stolen korban, God "hates the gezel" not because He dislikes the sin of theft, but because He refuses to benefit from stolen property. Even though everything ultimately belongs to Him, once He granted ownership rights to humans, He treats those rights as real and binding even upon Himself (kevayachol). This is why the prohibition applies specifically to korban olah, which represents the recognition that everything belongs to God - creating an apparent contradiction that the Gemara resolves. The parable of the king paying taxes illustrates this principle: just as the king honors the collection rights he granted his appointee, God honors the property rights He granted to humans. This ensures that people understand that property rights are real and absolute, not merely conventional arrangements. If people thought ownership was just a practical division of God's property, they might not respect others' rights, reasoning that "we're all just slaves of the same master." The shiur concludes that mitzvah haba'ah b'aveirah involves making God participate in theft, which He abhors not due to the technical violation, but because it forces Him to benefit from property that rightfully belongs to another person according to the very system of rights He established.