1421 - Tenaim in Asiyas Hamitzvos - (Klal 68 Siman 10) - Mitzvah Habaah B'Aveira - 1

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1421 - Tenaim in Asiyas Hamitzvos - (Klal 68 Siman 10) - Mitzvah Habaah B’Aveirah - 1

We are beginning siman 10. The Chayei Adam writes that one should be careful not to perform a mitzvah habaah b’aveirah, not to perform an aveirah while performing the mitzvah they wish to perform, as it will invalidate the mitzvah and the person will end up with an aveirah. There are certain circumstances where we apply the concept of asei docheh lo saasei, but barring those specific situations, the concept of mitzvah habaah b’aveirah applies.The Chayei Adam gives the examples of one who wishes to perform the mitzvah of tzitzis, matzah and lulav as mitzvos where if one stole the item, they have not fulfilled the mitzvah.

Mitzvah habaah b’aveirah certainly applies when one steals intentionally, but even when one stole the item inadvertently, they still transgress this concept. The Gemara says that certain hadassim-sellers were assumed to have stolen the land upon which they grew the hadassim, so one must be careful not to purchase hadassim from such people, even if they do not know for sure that the seller stole the land. (The Gemara advises that one can avoid the issue by ensuring that they do not cut the hadassim from the field, but rather let the seller cut them, so that the seller makes a full kinyan before the buyer handles them.)

The issue of mitzvah habaah b’aveirah is mideoraysa. The Torah says regarding korbanons adam ki yakriv mikem, literally, when a person brings a korban. Chazal understand that the use of the word mikem teaches that each individual must own their korban. Chazal further understand that the Torah uses the term adam to point out that just like there was no doubt that whatever Adam Harishon brought as a korban was clearly his, when a person brings a korban, it must be clearly his, or else the korban is not valid.

The Chayei Adam writes that Chazal were careful about this concept, because when one performs mitzvah habaah b’aveirah, not only does one not fulfill the mitzvah, but what meant to be one’s defender in the heavenly court will end up becoming a prosecutor.

Summary
Mitzvah habaah b’aveirah, performing an aveirah while trying to perform a mitzvah, is an issur deoraysa. Not only is the mitzvah invalidated, but a person trangresses an aveirah as well, and what was meant to be a defender in heaven ends up becoming a prosecutor.