Monday, October 30, 2006

Beitza 4b - bitul issur on sukkah

The gemara states that you can't be mevatel an issur d'oraysah l'chatchila. The Hagahos Habach on the Rif 2b asks why one may be mevatel schach passul by adding schach kasher on a sukkah. The Taz 626:2 suggests many answers to this question:
1 - when you built it before Yom Tov it doesn't have a sheim issur yet
2 - even on Yom Tov the schach passul is not an "issur" - it is only something that you can't fulfill your mitzvah of sukkah with.
3 - The reason we can't be mevatel issur lechatchila is that ultimately we are benefitting from the issur when we are mevatel it, but if the benefit is a mitzvah it is no problem because mitzvos lav leihanos nitnu (see Chavas Daas 99:8 that bitul issur lechatchila is an issur d'oraysah on isurei hana'ah because by being mevatel the issur you are benefitting from it.
4 - Perhaps the reason you can't be mevatel issur lechatchila is that you may come to use pure issur, which is an unlikely concern when you are trying to do a mitzvah.

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