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Does mitzvah (מצוה) haba'ah ba'aveirah apply on yom tov sheni according to Shmuel? The shiur analyzes Rav Akiva Eiger's question on Tosfos and explores the Rambam (רמב"ם)'s understanding through the Kesef Mishna. Multiple dimensions of mitzvah haba'ah ba'aveirah are distinguished: when the object becomes tainted versus when one actively transgresses.
This shiur presents an intricate analysis of mitzvah (מצוה) haba'ah ba'aveirah (a mitzvah performed through a transgression) through the lens of Sukkah 30a, focusing on a difficulty raised by Rav Akiva Eiger on Tosfos. The central question is whether the principle of mitzvah haba'ah ba'aveirah applies according to Shmuel on yom tov sheni (the second day of the festival). The Gemara (גמרא) discusses lulav hagazul (a stolen lulav), lulav shel asherah, and lulav of ir hanidachas (a city condemned to destruction). Tosfos questions why these latter two cases are invalid due to kisui'im ach tachiru (a separate halachic category), when they should be invalid due to mitzvah haba'ah ba'aveirah. Tosfos answers that according to Shmuel, who does not hold mitzvah haba'ah ba'aveirah, a different reason is needed.
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Sukkah 30a
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