Daily Mitzvah (Rambam)

The 195th prohibition is that we are forbidden from being a glutton and a drunkard in our youth, according to the specific conditions1 which define a ben sorer u'moreh [rebellious son].

The source of this prohibition is G‑d's statement2 (exalted be He), "Do not eat on the blood."3

The explanation [of why this is counted as a prohibition instead of a positive commandment to punish the ben sorer u'moreh] is that the ben sorer u'moreh is included among those who are executed by the High Court. The Torah states clearly4 that the method of execution is stoning. We already explained in the Introduction to this work5 that whenever the Torah indicates a punishment of kares or execution, the mitzvah is a prohibition, except for the Pesach sacrifice and circumcision. We therefore know that the present mitzvah is a prohibition, since this glutton and drunkard is punished by stoning if all the conditions are present.

We have mentioned the source for the punishment, but according to our principle that the Torah gives a punishment only if there is another verse which states the actual prohibition, we still need to find the actual prohibition. The Gemara says in Sanhedrin,6 "Which verse serves as the prohibition of ben sorer u'moreh? The verse, 'Do not eat on the blood.' " It is as if the verse says, "Do not eat in a way that will cause bloodshed," i.e. the eating of this glutton and drunkard which is punishable by execution. If a person would eat this wicked meal with all the negative conditions, he would transgress this prohibition.

It doesn't matter that this is a lav she'b'klalus,7 as explained in the Ninth Introductory Principle, because since there is a separate verse stating the punishment, we are not concerned whether the actual prohibition comes from a separate law or a lav she'b'klalus. We have already explained this many times and given many examples.8

The details of this mitzvah are explained in the eighth chapter of tractate Sanhedrin.

Footnotes

1.

For example, he must buy and consume 50 dinars worth of meat with money stolen from his father. It must be cooked rare, and eaten outside his father's property in bad company. It must be done in the three-month period after he reaches bar mitzvah. See Hilchos Mamrim, Ch. 7.

2.

Lev. 19:26.

3.

See below, where the Rambam explains the connection of this verse to this prohibition.

4.

Deut. 21:21.

5.

End of Introductory Principle 14.

6.

63a.

7.

An "inclusive prohibition," i.e. one which includes several distinct prohibitions. The general rule regarding a lav she'b'klalus is that it counts as just one commandment even though it includes several distinct prohibitions. (See Introductory Principle Nine and N299.)

This verse, "Do not eat on the blood," is explained in Sanhedrin to include other prohibitions, such as eating sacrificial meat before the blood is spilt on the altar (N182). Although usually the separate aspects of a lav she'b'klalus are included in one single prohibition, N195 does not have this problem, as the Rambam explains further.

8.

See, for example, N26; N60.

The 37th mitzvah is that we are commanded that Kohanim shall make themselves tameh1 for those relatives mentioned in the Torah.2 Since the Torah honored them by prohibiting them from being tameh from a dead body alone,3 and allowed them to become tameh for relatives, one could possibly think that it is optional and depends on their wishes: if they wish, they may become tameh, and if not, they will not become tameh. The Torah therefore explicitly decreed that it is a requirement.

The source of this commandment is G‑d's statement4 (exalted be He), [regarding the kohen's sister], "You shall become tameh for her."

The Sifra5 says, "The phrase, 'You shall become tameh for her,' is a positive commandment. Even should he not want to become tameh, he is made tameh against his will. The wife of Yosef HaKohen passed away on Erev Pesach, and he did not want to become tameh,6 and the Sages forced him to become tameh against his will."

This mitzvah is actually the commandment to mourn, i.e. that every Jew is required to mourn upon the passing of one of the six7 for who it is commanded to mourn. The commandment is said regarding a kohen to emphasize its seriousness: Even a kohen, who is normally forbidden from becoming tameh, is commanded in this case to act like any other Jew and become tameh. [It is stressed in this way] in order to prevent people from being lenient in the laws of mourning.

It has been explained8 that the first day of mourning is mandated by Torah law. Our Sages said in tractate Moed Katan,9 "The commandment of mourning does not apply during Yom Tov. If the person was already mourning [when Yom Tov began], the positive commandment which applies to everyone [i.e. rejoicing during Yom Tov] pushes away the positive commandment which applies only to the individual" [i.e. mourning]. This [phrase "positive commandment"] indicates clearly that mourning is a Torah obligation and counts as a positive com­mandment. However, this is only for the first day, when even a kohen becomes tameh upon the passing of a close relative. The seven days of mourning are by Rabbinic law. Be sure to under­stand this.

The details of this mitzvah are explained in tractate "Mashkin,"10 passages in Berachos,11 Kesuvos,12 Yevamos,13 and Avodah Zorah,14 and in Sifra, Parshas Emor el HaKohanim.

The requirement of Kohanim to become tameh for a close relative is not binding upon female Kohanim. Only one who is prohibited from becoming tameh for non-relatives is commanded to become tameh for relatives. A female kohen, since she is not prohibited from tumas meis, as explained there,15 she is also not commanded or required to become tameh [upon death of a relative]. She is required to mourn, but becoming tameh is her choice. Be sure to understand this.

Footnotes

1.

I.e. ritually impure by attending the funeral of a close relative.

2.

Lev. 21:2-3. I.e. father, mother, son, daughter, brother and sister. By Rabbinic law, this also applies to a husband and wife. See Hilchos Avel, 2:1.

3.

And not other types of tumah

4.

Lev. 21:3.

5.

Ibid.

6.

For her burial. Even though he was allowed to become tameh, he would then be unable to fulfill the mitzvah of partaking in the Pesach sacrifice.

7.

See Kapach, 5731, footnote 26.

8.

Zevachim 100a.

9.

14b.

10.

Moed Katan 19ff.

11.

18a.

12.

4b.

13.

22b et al.

14.

13a.

15.

N166.