Positive Commandment Overriding Hakafah Prohibition in Metzora's Shaving

Date: Erev Rosh Chodesh Elul 5573

From: Rabbi Moshe Sofer

To: Rabbi Tzvi Avigdor

Description

The Chasam Sofer resolves the Pri Megadim's difficulty with Tosfos in Nazir 57b by arguing that the Torah's command for the metzora to shave contemplates cases where only an obligated Jewish man is available, thus proving a positive commandment overrides even an active negative commandment. He further argues that the nikaf always violates the prohibition even without assisting, so using an exempt person does not constitute fulfilling both commandments simultaneously.

Source: Shu"t Chasam Sofer YD §141

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