QUOTE(shim @ Mar 14 2005, 04:13 PM)
QUOTE(critic @ Mar 14 2005, 03:57 PM)
There is an arguement in the gemara that says that if someone calls Avraham 'Avram,' they're either violating an asei, or a lo sasei (positive or negative commandment, respectively). How come this mitzva doesn't appear in the Rambam's count of the 613 mitzvot? Or anyone elses for that matter?
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Your question still stands. Maybe the reason why no one counts this one among their taryag is because the machlokes about whether it is a positive or negative commandment is unresolved.
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The maharsho says that it's mashma from both the Yerushalmi and Bereishis Rabbo that there is no machlokes, so that it would be an ase and a lo sasei. He also asks why it's not only not brought down as an asei or lo sasei, but isn't even brought down by poskim as an isur.
There is a machlokes haposkim whether calling Avraham "Avram" is an issur deoraisoh or just derabbonon (and the pasuk is asmachta be'alma). The poskim that hold it's mideoraiso also ask why it's not included in the list of taryag mitzvos and they bring down a Rambam from the peirush hamishnayos in Chulin (perek hey) that says that we don't count as mitzvos things which were given before matan torah.