Photo Credit: Jewish Press

Rav Perlow says that it is evident from this Gemara that just looking at the aron is not a capital offense (for anyone living after the dor hamidbar). Otherwise, its question, “Why did they deserve death?” would make no sense. Rav Perlow, therefore, suggests that the Rambam rules in accordance with this Gemara, as opposed to the Gemara in Yoma that implies that the prohibition applies to all generations (except for those who lived during the era of the first Beis HaMikdash).

Perhaps we can suggest that the Rishonim who include the prohibition as one of the 613 mitzvos do not agree with the Rambam that a mitzvah must be applicable for all generations in order to be included in the list. Or perhaps they rule in favor of the Gemara in Yoma that implies that the prohibition does apply to all generations.


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Rabbi Fuchs learned in Yeshivas Toras Moshe, where he became a close talmid of Rav Michel Shurkin, shlit”a. While he was there he received semicha from Rav Zalman Nechemia Goldberg, shlit”a. He then learned in Mirrer Yeshiva in Brooklyn, and became a close talmid of Rav Shmuel Berenbaum, zt”l. Rabbi Fuchs received semicha from the Mirrer Yeshiva as well. After Rav Shmuel’s petira Rabbi Fuchs learned in Bais Hatalmud Kollel for six years. He is currently a Shoel Umaishiv in Yeshivas Beis Meir in Lakewood, and a Torah editor and weekly columnist at The Jewish Press.