Part I: The Halachic Analysis – The Definition of Obligation
The core of the lecture addresses a seeming contradiction regarding the status of a Mumar L’teiavon—a Jew who sins not out of ideological spite (l'hach'is), but due to physical appetite or laziness.
The Contradiction:
Regarding Shechita (Ritual Slaughter): Halacha dictates that a Mumar L’teiavon (e.g., one who eats non-kosher food because it is cheaper or tastier) is still considered a Bar Zvicha and may perform valid shechita.
Regarding Safrus (Scribing): Tosafot posits that a Mumar L’teiavon regarding Tefillin (one who does not wear them due to laziness) is invalid for writing Tefillin or a Sefer Torah.
The Resolution:
The Dvar Yehoshua delineates a fundamental distinction between the nature of Positive Commandments (Mitzvos Aseh) and Negative Commandments (Mitzvos Lo Ta'aseh).
Mitzvos Aseh (The Obligation to Fulfill):
The obligation of a positive commandment, such as wearing Tefillin, is defined by its specific time of fulfillment (Kiyum). If one does not perform the mitzvah at the designated time, the obligation for that specific instance expires. There is no overarching requirement to "guard" the mitzvah when it is not being performed. Therefore, a person who habitually neglects Tefillin effectively severs their connection to the mitzvah for that time; they are not considered a "man of the covenant" (Bar K’shira) regarding that specific act because they are essentially "without" the mitzvah.
Mitzvos Lo Ta'aseh (The Obligation to Guard):
The obligation of a negative commandment, such as the prohibition against eating neveilah (non-kosher meat), is defined by Shemira—continuous guarding. A Jew is obligated to refrain from sin today, tomorrow, and forever. Even if a person fails and eats non-kosher food today (due to teiavon), the obligation to refrain tomorrow remains intact upon them. They have not severed their relationship with the mitzvah; they remain a person obligated in the prohibition.
Conclusion:
A scribe must be a Bar K’shira (one who binds/connects). Because the neglect of Tefillin (Aseh) implies a total lack of fulfillment at that moment, the scribe loses the status required to write them. However, a slaughterer must simply be a Bar Zvicha (one subject to the laws of slaughter). Since the prohibition against non-kosher food (Lo Ta'aseh) is a constant, broad obligation that remains upon the person even after a sin, the mumar retains his status as a Jew subject to the law, rendering his slaughter valid.
Part II: Homiletics – The Joy of Adar
The lecture concludes with spiritual insights from the Beis Yisrael regarding the upcoming month of Adar and Parshas Shekalim.
The Essence of Simcha: True joy (Simcha) is derived from Avodas Hashem (service of God) and Teshuvah (repentance). The speaker notes that Shabbos and Rosh Chodesh are essentially times of Teshuvah, which cleanse the soul and allow for the indwelling of holiness, naturally resulting in joy.
The Leap Year (Tosafos): In a leap year with two Adars, there is an element of Tosafos—addition and increase. This connects to the figure of Joseph (Yosef), whose name implies addition (Hosafa).
Yosef and Ephraim: The speaker connects the month to the verse "God has made me fruitful (Hifrani) in the land of my affliction." Just as Joseph found spiritual fruitfulness and success even within the constraints of Egypt, the Jew is empowered during Adar to increase in holiness and joy, transforming "affliction" into spiritual productivity.
