Mitzvas Maror

The Rambam (Chametz 7:12) says אכילת מרור אינה מצוה מן התורה בפני עצמה אלא תלויה היא באכילת הפסח. שמצות עשה אחת לאכול בשר הפסח על מצה ומרורים.  In Sefer Hamitzvot (#56) as well he says המרור נגרר לאכילת פסח, ואינו נמנה מצוה בפני עצמה.  It would seem from the Rambam that since maror on a Bibical level only applies when we have the korban pesach (Pesachim 120a) it is not viewed as its own mitzvah but rather as an extension of the mitzvah of pesach.  However, the Yiraim and Smag (see Rav Perlow on mitzvah 47-49) and Toafos Re'am) do count maror as a sperate mitzvah.  In other words, altough there is a תנאי that maror can only be eaten with the korban pesach, the maror is its own commandment.  The Avnei Nezer (O.C. 534) asks but the Gemarah (28b, 120a) says that an ערל טמא ומי שהיה בדרך רחוקה even though they don't eat the pesach they still eat maror?  He understands from the Rambam (Korban Pesach 9:8) that it is a heter to eat maror but not an obligation.  This approach is already suggested by R' Avraham son of the Rambam in the teshuvot printed in back of Frankel Sefer Hamitzvot. 

The simple read of the Gemarah in Pesachim (91b) is that even according to the opinion of R' Shimon that holds woman are patur from korban pesach, they are still obligated in maror.  The Briskor Rav proves from Rashi there that indeed that is how he holds and he supports this thesis from a Rashi (39b.)  The Briskor Rav aligns Rashi with the opinions that hold maror is an independent mitzvah. He says the Rambam will understand as many Rishonim do that the Gemarah is really referring to matzah and maror is just thrown in since it is an expression to say matzah and maror together.    

Based upon this Rambam that maror is not an independent mitzvah but rather as part of the laws of the korban pesach, Rav Chayim (stencil) explains why the Rosh would entertain that one would not need to eat a cazais of maror since it is not a mitzvah to eat the maror itself but it is a part of the eating of the pesach.  

However, The Rebbe in the Hagadah (on Tzafon) says that even according to the Rambam if a person could not eat the pesach there is still an obligation of maror and he sends you to Pesachim (91b), Kiddushin (37b,) Tosefta end of Chapter 2 and Tafnas Paneach (On the Rambam Chametz U'Matzah 7:2.)  Rav Zevin (Igros volume 17 pg. 41) askes how does it make sense to say the Rambam hold that one can eat maror without pesach if the Rambam clearly says maror is part of pesach.  The Rebbe just says in response that the Rogatchover says that the Rambam holds maror is linked to the pesach only so far as that if the pesach is not offered at all, then there is no maror but if the pesach is offered in general, just an individual has an exemption, that person still has an obligation of maror and the Rogatchover was well aware of the Rambam's that Rav Zevin is quoting.  It is noteworthy that the Rebbe does not ponit to the Gemarah on 120a that an ערל וטמא eat maror.  Presumably there is understandable to learn that it is merely a reshus to eat the maror as the Avnei Nezer argues. However, it is very hard to understand how on can justify the Rambam holding that maror can exist as a stand alone obligation if he considers it part of the pesach?  However, it is notable that this position may be supported from the ruling of the Rambam (Chametz U'Matzah 8:6) that one says a beracha before eating the marar even in the times of the mikdash.  If the maror is only a detail in pesach why would it receive its own beracha? It would seem even according to the Rambam maror is an obligation, וצ"ב.