DAF DISCUSSIONS - ZEVACHIM 33

katzdds asked:

The gemarah asks why isn't Smeicha done in the Azurah for the Korban Ashem Metzora, if there is a positive commandment to do Smeicha, and that it should be followed immediately by Shechita, which can only be done if the Metzora enters the Azurah, and does the Smeicha there ?

The Gemarah, acc. to one possibility - Rav Ada Bar Matna, answers that we are concerned that the Metzorah will take too many steps ( after doing the Smeicha, as he leaves the Azurah ), which would be unnecessary, therefore doing an Averah that is Liable to Kares. Therefore the Rabbis made a decree not to do the Mitzvah, and Mevatel a Mitzvah Aseh, in order that we don't risk doing an Averah.

We find this similarily, by the Mitzvah of Shofar an Rosh Hashanah that falls on Shabbos, where we don't blow the Shofar for similar reasons.

Are we to take from these gemarahs, that if a person can do a mitzvah, but there is a possibility that by trying to do this Mitzvah, an Averah might present itself, That we should not do this Mitzvah. I.e. If a person was asked to do a Chessed to bring something into town, but there might be a possibility that someone in town is not dressed properly, and he might look, he should refuse to help his friend out ? and the many similar cases. ?

Also , how do we understand this with the fact that we hold that an ASEH DOCEH a LoTASEH ? Understandable that we only say that when the Mitzvah and Averah occur at the same moment in time, and Not when it occurs at different times. But in our cases we don't even know that an Averah will even be performed, it's just a Chashash.

ARE WE THEREFORE, AS JEWS, TO BE MORE CONCERNED OVER THE NEGATIVE, THAN THE POSITIVE ?

Katz, Ramat Beit Shemesh

The Kollel replies:

We can only be Mevatel an Aseh because of a Gezeirah if the Rabanan made such a Gezeirah explicitly, not because we decided to do so ourselves. The Rabanan only enacted such Gezeiros when they saw it necessary, due to the circumstances, based on their experience.

With regard to Aseh Docheh Lo Sa'aseh, if there is a possibility that it will cause a person to transgress the Lo Sa'aseh, the Rabanan indeed prohibited it (such as is the case with Yibum with Chayavei Lavin, Yevamos 20b). Normally, though, the Lo Sa'aseh is not applicable at all when there is Dechiyah, and no Torah prohibition is being violated or will be violated.

M. Kornfeld