Mishneh Torah, Overview of Mishneh Torah Contents 5:1-9:9

Sugya Map

• Issue: The Rambam's enumeration of Mitzvot Lo Ta'aseh in Hilchot Isurei Bi'ah, specifically the inclusion of a general prohibition against "drawing near" to forbidden relations. This mitzvah is a classical point of machloket regarding its status as a distinct lav.
• Nafka Mina: Impacts the precise minyan ha'mitzvot, chiyuv (liability) for kiruv (acts of drawing near) that do not constitute full bi'ah, and the broader understanding of arayot prohibitions.
• Primary Sources: Mishneh Torah, Overview of Contents, Sefer Kedushah, Hilchot Isurei Bi'ah 5:1-9:9; Sefer HaMitzvot, Lo Ta'aseh 347.

Text Snapshot

From the "LAWS CONCERNING PROHIBITED SEXUAL RELATIONS" in the Mishneh Torah (comprising 37 precepts, of which one is an affirmative precept, while thirty-six are negative precepts), the 37th negative precept is: "that he shall not draw near to one within the prohibited degrees, even if no actual intercourse takes place."¹ The leshon "draw near" (לֹא תִקְרְבוּ, from Vayikra 18:6)² with its explicit qualification "even if no actual intercourse takes place" highlights the Rambam's view that this is a distinct prohibition, beyond merely the act of bi'ah itself.

Readings

Rambam, Sefer HaMitzvot, Lo Ta'aseh 347

The Rambam explicitly counts "וְאֶל כָּל שְׁאֵר בְּשָׂרוֹ לֹא תִקְרְבוּ לְגַלּוֹת עֶרְוָה"³ as a distinct Lav (negative commandment), prohibiting any kiruv (drawing near) that is derech ta'avah (lustful). This chiddush establishes kiruv as an independent issur, not merely a preparatory act for intercourse.

Smag, Lo Ta'aseh 126

The Smag (Rabbi Moshe of Coucy) disagrees with the Rambam's minyan. He views the passuk "לא תקרבו" as an azharah (warning) for the specific arayot, not a distinct lav in its own right. He holds it ancillary to the explicit prohibitions of bi'ah.

Friction

The Tosefot Yom Tov (Yevamot 21a s.v. "ואלא אמר קרא") poses a strong kushya: If kiruv were a distinct lav, why does the Gemara need to derive specific issurim like chibuk v'nishuk (embracing and kissing) from other sources? The Rambam's position implies a general issur that should encompass these. The terutz offered by the Kesef Mishneh (Isurei Bi'ah 21:1 s.v. "שלא יקרב") explains that while lo tikreivu is indeed a general lav prohibiting derech ta'avah, the Gemara elucidates specific kiruvim covered by this broad prohibition, clarifying its practical application.

Intertext

This machloket on the scope of lo tikreivu resonates with the debate concerning Lo Tisgodedu (Devarim 14:1)⁴ – is it a prohibition against self-mutilation or against forming distinct factions? The dikduk of "לְגַלּוֹת עֶרְוָה" here, much like the ta'am of "בֵּין מֵת" there, informs the breadth of the passuk's prohibition.

Psak/Practice

Despite the debate in minyan ha'mitzvot, the Rambam's view on the prohibition of kiruv is halachically paramount. The Shulchan Aruch (Even HaEzer 21:1)⁵ rules that any kiruv (e.g., negiah, chibuk v'nishuk) that is derech chibah v'ta'avah with arayot or nidda is prohibited. This lav forms the basis for extensive gezeirot (rabbinic enactments) like yichud (seclusion) and the prohibition of negiah (physical touch).

Takeaway

Rambam's precise minyan transforms a seemingly general passuk into a foundational lav, shaping practical halacha and our nuanced understanding of kedusha and guarding against pritzut.

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¹ Mishneh Torah, Overview of Mishneh Torah Contents 5:1-9:9 ² Vayikra 18:6 ³ Sefer HaMitzvot, Lo Ta'aseh 347 ⁴ Devarim 14:1 ⁵ Shulchan Aruch, Even HaEzer 21:1