Rabbi Zvi SobolofskyAseh Doche Lo Sa’aseh - a Paradigm for Avodas Hashem

The prohibition against wearing Sha’atnez and the commandment to wear tzitzis are juxtaposed in Parshas Ki Teitsei. Chazal explain the reason for these two mitzvos being written next to one another as follows: these two mitzvos could potentially come into conflict with one another. If one has a linen garment and must put wool strings on it to fulfill the mitzvah of tzitzis, what is the proper course of action? Does one fulfill the mitzvah of tzitzis at the expense of sha’atnez or does one refrain from wearing sha’atnez, thereby forfeiting the opportunity to perform the mitzvah of tzitzis? Chazal teach us that we have a halachic principle aseh doche lo sa’aseh - a positive commandment overrides a negative prohibition. Although there are many intricacies of halacha that govern this rule, fundamentally the halacha is that the aseh takes precedence.

The Ramban (Shemos 20:8) sees in the seemingly technical halachic rule of aseh doche lo sa’aseh a fundamental principle that governs the entire gamut of our avodas Hashem. He elaborates upon the famous observation of Chazal that there are two descriptions of how we observe Shabbos, zachor and shamor, yet these two terms are very different from one another. Zachor refers primarily to the positive mitzvah of reciting Kiddush on Shabbos. Yet, the Ramban understands that the mitzvah of zachor encompasses all the positive mitzvos that are associated with Shabbos. In contrast, shamor refers to the melachos and all activities which are prohibited on Shabbos. The mitzvos of Kiddush and melacha serve as models for all mitzvos. The 613 mitzvos are divided into two categories: the mitzvas aseh and the mitzvas lo ta’aseh. These two sets of Torah obligations emanate from different dimensions of our relationship with Hashem. Positive actions of mitzvas aseh stem from ahavas Hashem; as an expression of love, one wants to perform actions to demonstrate that love. Zachor on Shabbos specifically, and mitzvas aseh in general, are an expression of our love for Hashem. In contrast, yiras Hashem necessitates refraining from those actions that Hashem forbade. The Ramban interprets our dual fulfillment of zachor and shamor as a combination of ahavas Hashem and yiras Hashem which comprise the entirety of our avodas Hashem.

Zachor v’shamor b’dibbur echad - our commitment to ahava and yirah join together. However, there are occasions when we must choose one over the other. The Ramban sees in the halachic principle of aseh doche lo sa’aseh  the hierarchy of these two aspects of avodas Hashem. Mitzvas aseh override mitzvas lo ta’aseh because ahavas Hashem is a higher level of avodas Hashem than yiras Hashem is. As critical as yiras Shomayim is, the mitzvos aseh that symbolize ahava take precedence over the mitzvas lo ta’aseh that represent yirah.

Following the interpretation of the Ramban, perhaps we can qualify this hierarchy. Chazal teach us that in the Beis Hamikdash the regular rules that govern a conflict between mitzvas aseh and mitzvas lo ta’aseh do not apply, rather, ein aseh doche lo sa’aseh she’ba’mikdash. In the Beis Hamikdash one cannot violate a lo ta’aseh even to fulfill a mitzvas aseh. According to the Ramban, this is understandable. The Beis Hamikdash is primarily a place of morah, awe and reverence. The mitzvah of morah Mikdash, which is a direct outgrowth of the words of Yaakov Avinu, “ma norah ha’makom hazeh”, necessitate that yiras Hashem takes precedence over ahavas Hashem in the Beis Hamikdash. Although coming to the Beis Hamikdash is also a great opportunity for ahavas Hashem, the intense presence of Hashem's Shechinah makes the experience predominantly one of yiras Hashem.

It is this very closeness of Hashem that is associated with the Beis Hamikdash that elevates yiras Hashem to be the primary aspect of our avodah. Closeness to Hashem can either be experienced by geographic proximity, such as in the Beis Hamikdash, or in a designated time when Hashem displays His closeness to us. The aseres yemei teshuva are such a time. Hashem is described by Yeshaya Hanavi as being karov, even closer to us than the rest of the year. As such, this time of year takes on the characteristic of morah haMikdash. The days are Rosh Hashana and Yom Kippur are referred to as Yomim Noraim. Rambam describes that we refrain from reciting Halel on the Yomim Noraim notwithstanding the certain degree of simcha in these days because the dimension of yirah overrides the simchas ha’yom which is usually synonymous with ahava.

Zachor v’shamor b’dibbur echad. Our avodas Hashem is made up of ahava and yirah. Often, we are governed by the rule of aseh doche lo sa’aseh, and as such our primary approach to avodas Hashem is ahava. Yet, there are times when we focus even more on yiras Hashem. Upon closeness to Hashem either in the Beis Hamikdash or over the days of Rosh Hashana and Yom Kippur, our lives reflect “ma norah ha’makom hazeh”.

We turn to Hashem to help instill in us the proper balance of ahava and yirah to be true ovdei Hashem, fulfilling all that is encompassed in zachor v’shamor b’dibbur echad.

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