Our Gemara on Amud Beis discusses an exception to the general rule of lav hanitak le-aseh. This rule states that a Torah prohibition accompanied by a positive commandment to rectify it does not incur the penalty of lashes. A classic example is theft, which carries a separate commandment to return the stolen object (Vayikra 5:23), thus exempting the thief from lashes. The rationale is straightforward: there’s no need to punish someone who can still rectify their transgression.
However, there are cases where the positive commandment precedes the prohibition, and the person may still be liable for lashes. For instance, the commandment to remove individuals with certain impurities, such as those suffering from tzoraas, from the Jewish encampment exists independently of any prohibition. A person might suddenly be declared a metzora and must leave the encampment immediately, without having violated a prohibition by entering. Conversely, if someone enters the encampment while impure, they face lashes because the positive commandment was active prior to their violation.
Rashi, in our Gemara, clarifies why the positive commandment doesn’t exempt the offender from punishment in this case. Unlike theft, where the commandment to return the stolen object arises only after the act, here the positive commandment operates independently, not solely to rectify the transgression.
A famous question arises: why is anyone liable for lashes for violating a Torah prohibition, given that every prohibition can be rectified through the positive commandment of teshuvah (repentance)? If so, no prohibition should incur lashes, as rectification is always possible.
Sefer Maharid MiBelz (p. 301, quoted by Seder Daf Al Daf) offers a clever answer that illuminates the nature of teshuvah. He posits that teshuvah is not only for actual transgressions but also for any weakness or incompleteness related to a commandment, requiring an act of repair. Thus, the obligation for teshuvah exists even before a transgression.
This might seem overly “chassidish,” as ultimately, teshuvah, is only required when having sinned. Even if the sin is a mild regression in awareness or closeness to God, it still activated by a lapse. However, a deeper look reveals its wisdom. The Hebrew word teshuvah means “return,” implying a restoration to God or one’s pre-sin state. Alternatively, it can signify a reconnection with God beyond specific sins, returning the soul to its pristine, primordial state. Understood this way, teshuvah is active even before any transgression, aligning with Maharid’s insight.
This interpretation of teshuvah sheds light on a principle from Yoma (86b):
Reish Lakish said: Great is teshuvah, as the penitent’s intentional sins are counted as unwitting transgressions, as it is stated: “Return, Israel, to the Lord your God, for you have stumbled in your iniquity” (Hosea 14:2).
The Gemara clarifies that this applies to teshuvah driven by fear of punishment. However, teshuvah out of love for God transforms past sins not merely into mistakes, but into mitzvos!
Many view teshuvah out of love as a more sincere form of fear-based teshuvah. I propose it’s an entirely different process, not focused on lamenting the sin but on arousing a desire to connect with God for His own sake. The sin becomes incidental, not the focus. Though I lack textual proof, my intuition suggests this is correct. In a loving relationship, past wrongs lose significance. The motivation isn’t about the sin but about attachment to God. This explains how sins become mitzvos: in a truly loving relationship, scorekeeping ceases. Like a parent’s boundless love for a child or a lover’s devotion, the entire relationship becomes a positive experience, rendering past transgressions merits.
Translations Courtesy of Sefaria, except when, sometimes, I disagree with the translation 
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Rabbi Simcha Feuerman, Rabbi Simcha Feuerman, LCSW-R, DHL is a psychotherapist who works with high conflict couples and families. He can be reached via email at simchafeuerman@gmail.com