Sunday, April 3, 2016

Malkus For A מעשה That Causes An Aveirah

לזכות שושנה בת דבורה גיטל לברכה והצלחה

Rambam Chometz U'matzah 1/3:

[A violator] is not lashed for [transgressing the prohibitions] not to have [chametz] seen [in his possession] and not to have [chametz] found [in his possession] unless he purchased chametz on Pesach or [caused flour] to become leavened, and thus committed a מעשה.

So we see that even though purchasing or leavening chometz is only an indirect way of doing the actual aveirah [which is owning the chometz], nevertheless, he is still חייב מלקות for this מעשה because it brought about the aveirah.

However, the Rambam in Chagiga [1/1] writes:

The Torah's charge to appear before God mandates that one should appear in the Temple Courtyard on the first day of a festival and bring with him a burnt- offering, whether from fowl or from domesticated animals. One who comes to the Temple Courtyard on the first day of a festival without bringing a burnt-offering has not only failed to perform a positive commandment, but has violated a negative commandment, as [Exodus 23:15] states: "You shall not appear in My presence empty-handed." One is not liable for lashes for the violation of this prohibition, because he did not perform a מעשה.

It is true that it is not a מעשה, for the aveirah is not having a korban which is passive, but since it came about because of a מעשה [entering the Azara], he should be חייב, just like we find with regard to buying chometz??