The maskone of the Gemoro is that it comes to teach that by Chaliza the Seder is not meakev.In Rabeinu Chananel is mashma,that preferably one should use the seder Hamishna (he if the order is changed "ma she'oso osui").This is hard to fit to the Loshon of Rav s"chora, Ein mukdam um'uchor. Another problem would be if we assume Chaliza is a Matir and not a Mitzvah, how do we have the concept of "b'dieved" in it?
Yaakov Finkelstein, toronto canada
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Rashi writes that "Ein Mukdam u'Me'uchar" includes two things: where it is in no Seder (as the simple wording of the principle suggests), or where it is in a Seder, but that Seder is not Me'akev. The wording of "Ein Mukdam u'Me'uchar" was used to include both.
Chalitzah is a Mitzvah (as the Mishnah writes, "Mitzvas Chalitzah"), and, as Abba Shaul holds, "Mitzvas Chalitzah Kodemes l'Mitzvas Yibum," and even the Chachamim only say that it is not as *great* a Mitzvah as Yibum. The Rishonim who enumerate the Mitzvos count it as a Mitzvah.
However, I don't understand your premise that a "Matir" should not have a concept of "b'Di'eved." There certainly is a proper way to do it, while still having parts of it which are not Me'akev. Does a Get not have things which do not render it Pasul even though they are "l'Chatchilah?"
D. Zupnik