Question

Hello Rabbi Michael Abraham!
 
Regarding the discussion about the “book from Bnei Brak,” around the question whether there is an obligation or any point in having intent when refraining from something prohibited by a negative commandment, because commandments require intent. As you may recall, I brought various sources from the Ari obligating intent, whereas you argued that this is nonsense.
 
Recently a comprehensive and wonderful book was published called Torat HaMitzvah by Rabbi Aharon Rubinfeld (author of Torat HaKinyanim), which serves as a fascinating encyclopedia of various aspects of commandment fulfillment (one who is occupied with one commandment is exempt from another commandment, intent in a commandment, a commandment that comes through a transgression, and the like). I looked through his book, and also spoke with him about this topic in person.
 
On the main issue of commandments requiring intent, he brings two basic sides of the matter (with many references and quotations): whether the obligation of intent (according to the view that commandments require intent) is an additional element in fulfilling the commandment, because the Torah wants there to be “service of God” in its fulfillment, that one should fulfill it with thought and action. Or whether the intent is part of the commandment itself, since without intent the act of the commandment is defined as mere inadvertent involvement, has no value, lacks the status of a “commandment-act,” and is considered as though he did not fulfill the commandment.
 
Another point: he goes on at length to prove that even according to the view that intent is not indispensable, there is still an obligation ab initio to have intent. The opinion that commandments do not require intent holds this only after the fact (Rabbeinu Yonah on Berakhot 2, Ritva on Rosh Hashanah 28, Haredim 1:17, and others). And regarding the reasoning for this obligation, Ritva in Pesachim 7, Haredim, and others wrote that it is because of “and to serve Him with all your heart.”
 
Some have written that there is a Torah-level obligation ab initio to have intent. And the question then arises: if the obligation is Torah-level, how is it not indispensable after the fact? And the answer is: if the ab initio obligation stems only from the verse “and to serve Him with all your heart,” then it is an additional element alongside fulfillment of the commandment, and therefore it does not prevent fulfillment after the fact.
 
Now then, if we say that the intent is part of the commandment, such that without it the act is considered mere inadvertent involvement, then what the Ari wrote is indeed not understandable, since when refraining from a prohibited negative commandment there is no act that must be performed. But if we understand it according to the second side, that the intent is an additional element alongside the commandment because of “and to serve Him with all your heart,” then one can understand why even when observing a negative commandment there is meaning to having intent. For even when a person abstains from something prohibited, he is also called upon for the aspect of “and to serve Him with all your heart,” in thought and in action.
 
That is: there is indeed a dispute whether intent is indispensable, and what the reason for intent is. But since it is agreed that ab initio one should have intent according to all opinions (even according to the view that commandments do not require intent), and it stands to reason that this ab initio requirement stems from the logic of “and to serve Him with all your heart,” then there is now a basis for understanding the obligation to have intent when refraining from something prohibited. This is an obligation of commandments requiring intent (at least ab initio) because of “and to serve Him.” In other words, the obligation of intent when being careful not to remove the sidecurls is not a result of the verse “You shall not round off,” but a result of “and to serve Him.”
 
(I can send photographs from the book.)
 
I would be very glad to hear a response.
 

As for the classes in Petah Tikva, my soul longs and pines to continue participating; at the moment it is difficult for me both because of the timing and because of transportation. I hope to renew my participation later on. 
 
What topics are you dealing with in the class right now and in the near future?
 
 
Thank you very much!!!