1387 - Tenaim in Asiyas Hamitzvos - (Klal 68 Siman 3) - Ain Osin Mitzvos Chavilos - 4

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1387 - Tenaim in Asiyas Hamitzvos - (Klal 68 Siman 3) - Ain Osin Mitzvos Chavilos 4

We are continuing in siman 3, discussing the concept of ain osim mitzvos chavilos.
We left off with Rashi’s understanding of the Gemara in Sotah, that preparing for two mitzvos simultaneously--even if not done simultaneously--is an issue of ain osim mitzvos chavilos. Thus, taking out two sifrei torah simultaneously, bringing in two babies for their brissin simultaneously, or filling two kosos for benching and sheva brachos simultaneously would all be an issue of ain osim mitzvos chavilos.

When the Rambam brings the halacha of a kohen not processing two sotahs simultaneously, he does not differentiate between one kohen processing two sotahs and two kohanim processing two sotahs. Similarly, he does not differentiate regarding processing multiple metzorahs or performing multiple retziahs (boring the ear of an eved). However, we know the Gemara did differentiate, and allowed a permutation of two kohanim (even if it was not clear what the permutation was, the Rambam appears to ignore it completely).
The Magen Avraham explains that according to the Rambam, two people doing the same process at the same time is an issue of ain osim mitzvos chavilos, but one person setting themselves up to perform the same process twice, one after another, is not an issue. The Rambam understands the Gemara’s permutation of two kohanim is a case of issur, when even two kohanim do the mitzvah simultaneously. The case of heter is referring to when one kohen sets himself up to repeat the same process twice, one after the other. Thus, none of the cases discussed above (sefer torah, bris, kosos) are an issue of ain osim mitzvos chavilos. On the other hand, according to the Rambam, if one arranges for two babies to have their brissin simultaneously, they would have the issue of ain osim mitzvos chavilos.

Regarding sheva brachos, we have learned that it is brought down that the minhag is to fill both kosos before birkas hamazon begins. The Drisha points out that this minhag does not fit with the halacha of ain osim mitzvos chavilos. However, according to Rashi, the issue only applies if one person fills both cups, and according to the Rambam, the issue only applies when two mitzvos are done simultaneously, not preparations.

The Sefer Nasiach Bechukecha adds a few points to this siman:

The Gemara in Sotah discusses two actions performed at the same time. Rav Moshe discusses one action which fulfills multiple mitzvos at the same time, and writes that it is acceptable and not considered ain osim mitzvos chavilos.

Although we know that ain osim mitzvos chavilos applies to performing two mitzvos deoraysa or two mitzvos derabanan, if one mitzvah is deoraysa and one mitzvah is derabanan, ain osim mitzvos chavilos does not apply.

Summary
The Chayei Adam holds that ain osim mitzvos chavilos is a din derabanan, although others disagree with him.
The Magen Avraham understands (based on Rashi and Tosfos’ understanding of the Gemara) that preparing for two mitzvos simultaneously--even if not done simultaneously--is an issue of ain osim mitzvos chavilos.
The Magen Avraham further explains that the Rambam understands that ain osim mitzvos chavilos is only a problem when two people perform the same process at the same time. One person may prepare to perform two mitzvos, one after another, and there is no issue of ain osim mitzvos chavilos.
One action which fulfills multiple mitzvos at the same time is not an issue of ain osin mitzvos chavilos.
Ain osin mitzvos chavilos does not apply when one mitzvah is deoraysa and one is derabanan.