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Fornication – Shemaiah or the mind is inclined

שו”תFornication – Shemaiah or the mind is inclined
asked 3 years ago

A question in the Rambam.
In the Eight Chapters (Chapter 6), the Rambam writes that Shariot is classified as a ‘Shemite mitzvah’. In contrast, in the Mishnah Torah, he wrote that Shariot is a mitzvah that the mind inclines toward (Hilakhot Melachim Ve Chalamot, Chapter 9, Halacha 1).
I didn’t see that this contradiction was raised. What do you think about it?
But they all brought “sound” things: meat in milk, and wearing shatanez, and nakedness.

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0 Answers
מיכי Staff answered 3 years ago

Indeed, I too have been bothered by this in the past (just last Sunday I commented in class on this very contradiction). It’s a bit similar to the parallel contradictions regarding the “famous” in his words (there was a column about it here, and the contradictions came up in the talkbacks there).
It seems to me that there are two ways to understand this: A. Perhaps a distinction should be made between the prohibition of having another man’s wife, which is intellectual and logical, and other incest, which are Shema prohibitions. B. Perhaps there are logical prohibitions that are not based on moral principles (what I called in the past: aesthetic or human values, as opposed to moral ones).

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