Q Rashi says that the words in Parashas Vayishlach, “Im Lovon Garti” (2nd explanation) mean that Yaakov kept the 613 mitzvos.
However, it is certain that he did not keep them all because, for example, he did not keep the mitzvah of Sippur Yetzi’as Mitzrayim.
Could the Rav resolve this seeming difficulty?
(Similar question) Rashi on the posuk (26: 5); “Because Avraham hearkened to My voice,” quotes the Talmud (Yuma 28b) that teaches: “Avraham Avinu kept the complete Torah before it was given.” This is truly astonishing, let me just mention a few mitzvos that could not be there. How could Avraham Avinu or the other Avos, celebrate a seder, eat a korban Pesach and tell the story of Mitzraim before it actually happened? wear tefilin with what parshios? carry on mechias Amalek when no Amalek was created?
A. There are different opinions as to what is the meaning of Avraham Avinu kept the complete Torah before it was given. Some seem to take it literally (Madregas Ho’odom – Betekufas Haolam p. 16, and others). Some maintain that the mitzvos were kept only in Eretz Yisroel. (Ramban 26: 5).
Nefesh HaChaim (Sh. 1: ch. 21) explains that Avraham Avinu was spiritually so sensitive that he reached even the hidden, esoteric depths of the Torah, through probing the wonders and marvels of the world, Avraham built up an awareness of Hashem that eventually led to a complete and absolute understanding of His will.
However, S’ridei Eish (53; p. 497) asserts that not all mitzvos were kept by the Avos. Historical mitzvos such as mechias Amalek, matza and maror were not yet kept as well as machatzis hashekel and similar.
Peninei Kol Menachem (p. 262) compares the keeping of mitzvos by Avraham Avinu, to the Torah learning of an unborn child by a malach teaching him during pregnancy. The Torah was revealed to Avraham Avinu by a similar ruach hakodesh. Moreover, it is possible that just as when one learns the Torah of korbanos, it is considered as having complied with them, so too it was with the Avos when they learned about the Torah of the mitzvos.
Horav Shlomo Miller’s Shlit’a opinion is that even after the Torah was given, there are many mitzvos that different individuals cannot comply with, such as a Cohen, Levy or not living in Eretz Yisroel and in the days of the Beis Hamikdosh, or to special and unique circumstances, that not all people posses. Yet we all are the potential keepers of all Taryag Mitzvos by our association and partnership in Knesses Yisroel, or just by our willingness to keep them all. As our Sages teach (Brachos 6); Someone who planed to do a mitzva. an accidentally was unable to comply with it, the Torah considers him as if he actually abides by the mitzva.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a