THE NATURE OF THE MITZVAH

This, which we said, the nature of the Mitzvah is to have children, not to make children, doesn't fit into Tosfos. The Tosfos in Bava Basra 13a asks why do we need to force the remaining owner of a half Eved and half Jew to free him since he can't marry anyone? Why can't he marry a Jewess? even though there is a prohibition for his Eved side to marry a Jewess, let us say that the positive command of having children will push aside the negative command of marrying an Eved?   Tosfos' first answer is, when we say that a positive command pushes aside a negative command only if they occur simultaneously. Over here, the command of having children is only accomplished at the end of the relations, where he can create a child. The Issur of having relations with an Eved occur even at the beginning of the act. So at the beginning there is only Issur and no Mitzvah.   Obviously Tosfos holds that mitzvah is making children and not having children, since he's saying the end of the relations is when you do the Mitzvah.   Besides the questions on this that we asked in our last piece, there is another question on this Tosfos. Why is he considered as fulfilling the Mitzvah at the end of the relations? Even if you say that it would probably lead to pregnancy and thus considered as if he made a child then, still it is only half the Mitzvah. You need to have two children. It's not probable that he'll make twins with that act.

 

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