Did the Sages Decree a Positive Commandment Due to Fear of Neglecting a Positive Commandment
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Question
Hello Rabbi, in the Bach, Yoreh De'ah, Siman 286, regarding a mezuzah on the entrance of a garden, courtyard, balcony, etc., it is written that one should place a mezuzah even if they are not open to the house, "and there is a concern that they might be confused with a dwelling house, so the Rabbis decreed that they are obligated in a mezuzah." I wanted to ask where in the entire Talmud and poskim do we find that the Rabbis decreed a positive commandment (kum ve'aseh) like here, to place a mezuzah in a place exempt from Torah obligation, lest one come to neglect a positive commandment (not placing a mezuzah in a house obligated by Torah). It seems that all rabbinic decrees are due to concern of transgressing a prohibition, not to perform a mitzvah or cancel a mitzvah to avoid transgressing a prohibition. Is this the intention of the Bach?
Answer
Hello,
this is indeed the intention of the Bach.
However, it seems to me that we find several obligations to ensure a positive commandment is not neglected, such as the decree to attach tzitzit to a borrowed tallit, because it appears as his own tallit.