Making the Ark
G-d commanded: “They shall make an Ark” (Shemot 25:10). Neither the Rambam nor the Sefer HaChinuch count making the Ark (Aron) as one of the 613 mitzvot. In contrast, Ramban does. Some believe that the reason Rambam and Sefer HaChinuch omit this is because they feel that this is included in the general mitzva of building the Mishkan (Tabernacle) and the Beit HaMikdash (Temple). Others explain that the mitzva is not counted because it was relevant only for a limited period of time. For we will never need to build a second Ark. The Ark which Moshe constructed was hidden away, and will eventually be found and used in the Third Temple. Even Shlomo, who crafted new items for the Second Temple, did not make a new Ark.
The Ramban, who counts the mitzva of making the Ark as one of the 613 mitzvot, does not count making other items for the Tabernacle as separate mitzvot. This may be because the other items – the Menorah, the Shulchan (Table), and the Mizbe’ach (Altar) – merely enable different types of divine worship. The Menorah is lit, the showbread is placed upon the Shulchan, and the sacrifices are offered on the Mizbe’ach. Thus, crafting these items only enables an act of service and is not a mitzva in its own right. In contrast, the Ark does not play a secondary role in divine service, but rather is holy in its own right. Thus, constructing it is its own mitzva.
The language used in relation to making the Ark is also different from the language used when describing the crafting of the other items. When speaking of the Ark, the Torah states “ve-asu aron” – you (plural) should make it, while when referring to the crafting of the other items, the Torah states “ve-asita” – you (singular) should make them. Rambam could explain that the singular “ve-asita” is meant to convey that each and every individual is obligated to ensure that these items are crafted. In contrast, the plural “ve-asu” is a general directive, which is not incumbent on each individual. Therefore, it is not included in the 613 mitzvot. Ramban, on the other hand, could say that the use of “ve-asu” expresses the obligation for the Jewish people for all generations to craft the Ark, while the use of “ve-asita” expresses the personal obligation of Moshe alone to craft these items. Thus, only the making of the Ark is counted as a mitzva.
Though the Rambam did not count the making of the Ark as a mitzva, he did include the mitzva of the Levites to carry the Ark on their shoulders (and not in a wagon). However, he did not count as separate mitzvot the prohibitions on touching or gazing upon the Ark. In contrast, Rav Saadia Gaon, Rav Shlomo Ibn Gabirol, and the Sefer Yere’im do include these among the 613 mitzvot.