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Can a chosson observe shivas yemei hamishnah when his father dies before the wedding? The Shach distinguishes between kum v'aseh and shev v'al ta'aseh, permitting only passive mitzvah (מצוה) obligations to be waived. The shiur challenges this with the Rambam (רמב"ם)'s position that aveilus is entirely removed through shev v'al ta'aseh.
This shiur analyzes the complex halachic mechanisms behind the Gemara (גמרא)'s ruling that allows a chosson to observe shivas yemei hamishnah even when aveilus begins on the first day after his father's death. The central question revolves around understanding what it means for Chazal to be "oiker" (uproot) the mitzvah (מצוה) of aveilus. Rabbi Zweig first presents his own approach: the mitzvah of aveilus is fundamentally about giving kavod (honor) to the deceased, as Rashi (רש"י) explains regarding sukkah and as appears from the Rambam (רמב"ם)'s understanding. When Chazal permit shivas yemei hamishnah, they completely remove the mitzvah obligation of kavod hameis through shev v'al ta'aseh - telling the person he is not required to perform the mitzvah. Once the mitzvah obligation is removed, all the restrictive actions of aveilus (not taking haircuts, not bathing, not wearing leather shoes) become permissible.
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Kesubos 4a
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