Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain

Some violations in the Torah are followed by positive commandments that apply even if one has already transgressed the violation. A prominent example, as understood by Chazal, is sending away a mother bird even AFTER one already violated the Torah by taking her along with her chicks (Devarim 22:6-7). The Gemara calls this kind of negative-followed-by-positive commandment a לאו הניתק לעשה or מצות לא תעשה שיש בה קום עשה, and it rules that one who violates such a commandment does not get lashes.

Why shouldn’t a person who transgressed get lashes even if they fulfill the positive commandment later? Does fulfilling the positive commandment somehow stem the damage of the original transgression? Are we giving people a second chance here, or does this open the possibility of people exploiting the law by violating it and just making up for it by doing the positive commandment later?

[לאו הניתק לעשה]

Dr. Elana Stein Hain – [email protected]

For more Din and Daf: https://hadran.org.il/channel/din-daf/