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Are all Mitzvahs related to an action in thought speech or deed?

I always thought that there are mitzvot "to do" and "not to do". But it seems some mitzvot are not related to an action to "do", but are listed under an alternative characterisation, for example that some things are not pure, that some things make other things impure etc.

It seems they are just stating a fact, which is independent of a person's action, so no way to violate it.

For example Rambam's positive Mitzvah 96 and the next few

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  • How do you define "a mitzva"? Not everyone agrees with Rambam's method – Double AA Nov 29 '20 at 22:59
  • @DoubleAA I guess the answer to your question will answer my question, by the way who argues regarding these , sefer hinuch, smag and smak seem to agree with him – hazoriz Nov 29 '20 at 23:07
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    Check out ramban. The Chinuch didnt try to form his own count so he's not a proof of anything; he just reorganized Rambam's. – Double AA Nov 30 '20 at 00:32
  • There is a Mitzva on the DEAD person to be Metameh! (also a Mitzvah for a menstruating woman to be Metameh) How do you call it? – Al Berko Dec 01 '20 at 16:40
  • @AlBerko that is my question, I call it a fact, it is a fact that a hot pot swallows the taist of the food, it is a fact that a nidda is tomai, and there is nothing you can do about it, you can't not do this Mitzvah – hazoriz Dec 01 '20 at 16:51
  • Welcome to the club. In my understanding, after the Gemmorah mentioned lightly the number 613, rabbis were on a hunt, and according to Rambam's rules, each time God "commanded" something - "let the dead be Tamei!" it becomes a Mitzvah. But seriously, who cares? There's no definition of a Mitzvah, and Rambam himself often confuses the use of this word, as I always cite the beginning of Rambam's Hilchos KRISHM"A. – Al Berko Dec 01 '20 at 17:02
  • @AlBerko I was in a shiur once where the Rav explained that when the Rambam uses Mitzvah he is not refuring to a mitzvah diorita or drabonon, he is just saying it is a good/proper thing to do – hazoriz Dec 01 '20 at 19:13
  • @AlBerko just saw the Hichuch on Mitzvah 96 it seems he asks the same question as i https://www.sefaria.org/Sefer_HaChinukh.161 – hazoriz Dec 01 '20 at 19:17
  • "And with all of this, it does not sit well with the heart for us to think of this matter as a commandment." - does this bottom line summarize it well? – Al Berko Dec 01 '20 at 20:12
  • @AlBerko that was my point, but in my eyes the 613 are foundational, and I prefer that they sit well, as a foundation should – hazoriz Dec 01 '20 at 20:15

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It is pretty common in the Rambam for him to list as a "mitzvah" something that is really a category of rules: This is what happens when you put things in a mikveh. This is how to do a kosher divorce.
It is interesting that the Sefer HaChinuch, who uses the Rambam's list as the basis for his discussions, invariably tries to find a way to violate (be מבטל) each of the mitzvos. So if a judge would try that case, and not use these rules, he has violated this mitzvah...

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  • Your answer is that these mitzvot are for the judge?, What do others count instead? – hazoriz Nov 30 '20 at 13:41
  • Not really saying that. The simple reading of the Rambam is that he's fine with mitzvos that don't command, just decide. If you do this, they're divorced, otherwise not. That seems to differ from your starting assumption. The Sefer Hachinuch to me is the surprise. – MichoelR Nov 30 '20 at 13:48
  • but the Rambam calls them mitzvot assai, what does he mean by assai – hazoriz Nov 30 '20 at 15:32
  • As far as I can see, "asei" everywhere means as opposed to "lo sa'asei": no warning and therefore no malkus. See here: These are the only two categories ever mentioned. Do you really believe that the rules of gittin in the Torah are not part of the taryag mitzvos that Hashem gave Israel, just because they only describe how to do a divorce, not to do it? Would you really leave them out? – MichoelR Nov 30 '20 at 15:36
  • I was taught divorce is a Mitzvah to do like shechita, when you need meat you have the Mitzvah to shecht, when you need to divorce you have a Mitzvah to divorce – hazoriz Nov 30 '20 at 15:38
  • chopping the head of a first born donkey, halitza, are both to do (when needed) just preferably do another Mitzvah, pidyon, yibum – hazoriz Nov 30 '20 at 15:39
  • That's not so different from what I was saying. You need to have done shechitah before you can eat the meat it produces. The Torah is telling us how to produce a certain result, which may be a result you want. Same for the example you brought originally - tumah and taharah. If you want to go into the Mikdash you need to be tahor, and need to have already gone to the mikveh before. I think that will apply to any such example. You couldn't "fulfill" it or "violate" it at the time, but it sets up some halachic situation with consequences. – MichoelR Nov 30 '20 at 15:44
  • by shechita we say a brocho asher kideshanu bmitzvosav... And we do the action which is commanded, please clarify what action is done regarding the tuma – hazoriz Nov 30 '20 at 17:00
  • By divorce we also do an action – hazoriz Nov 30 '20 at 17:11
  • You are focused on the action, but I think the Rambam does not agree with you. Going into the mikveh is an action, and touching something to make it tamei is an action, but that isn't the point in either case. You are willing to leave part of the Torah out of the taryag, and I think that isn't the Rambam's system. The taryag mitzvos includes all the dinei d'oraysa within their branches. – MichoelR Nov 30 '20 at 17:19
  • I see, but how to understand that it is considered a do, also in Chabad they say all Mitzvahs are in thought speech or deed, – hazoriz Nov 30 '20 at 17:25