What problems can you think of in this sticky Halachic case?

Home Forums Bais Medrash What problems can you think of in this sticky Halachic case?

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  • #609547
    WIY
    Member

    You just found out that your live-in maid assumed to be a non Jew is in fact Jewish. What Halachachic problems can you think of that would need to be avoided if you planned on keeping her?

    #957480
    morahmom
    Participant

    Yichud, yichud and yichud. It’s a d’oraisa, so your problems start and end there.

    #957481
    popa_bar_abba
    Participant

    You can’t marry her to your eved ivri anymore.

    #957482
    WIY
    Member

    morahmom

    You cant have Yichud with a non Jewish woman, so now it just makes that you are both oiver.

    popa

    Now she can marry anyone including my eved ivri. Except she cant marry my eved kenani anymore.

    #957483
    popa_bar_abba
    Participant

    Ok, you cannot force the two of them to marry anymore.

    #957484
    🐵 ⌨ Gamanit
    Participant

    If you have her working for you on shabbos you can’t allow her to use hot water for the dishes, etc.

    #957486
    akuperma
    Participant

    Yichud applies regardless.

    She can’t be your Shabbos goy.

    You probably have to encourage her to become frum, including routinely treating her as a guest on Shabbos.

    #957487
    Toi
    Participant

    if you bash out her teeth and poke out her eyes, she’s still yours.

    #957488
    gavra_at_work
    Participant

    There may be “Lifnei Iver” issues if you provide food (and otherwise she wouldn’t be eating then), since she will not be making brachos.

    IIRC, the dinim of “BYomo Titan Scharo” are different.

    #957489
    kevuda
    Member

    In general, a frum Jew is prohibited from giving or selling food to a non-frum Jew since he won’t be making a brocha? How then can they be invited for a Shabbos mean or sold food in a frum grocery?

    #957490
    zahavasdad
    Participant

    There may be “Lifnei Iver” issues if you provide food (and otherwise she wouldn’t be eating then), since she will not be making brachos.

    I think only Rav Elyshiv holds this way, otherwise there would be much greater issues in general, like if you own a restaurant or work at one and obvious non-religious jews come in

    #957491
    Sam2
    Participant

    There are many Mekilim for giving a food to someone who won’t make a B’rachah. First and foremost is the Netzi”v in Meishiv Davar Y”D 42 (maybe 52). If the person eating has a Din of a Tinok Shenishbah then there really is no reason to Asser here because they aren’t being Over any Issur so there’s no Issur M’sayeiya (there’s no Lifnei Iveir anyway even according to the Osrim).

    #957492
    kevuda
    Member

    But such a heter wouldn’t be applicable to giving or selling food to an off-the-derech or formerly frum person. Can a parent feed an OTD child?

    #957493
    WolfishMusings
    Participant

    It’s a d’oraisa

    Considering that yichud was instituted by Dovid as a response to the Amnon/Tamar incident, how can it be said that it is d’oraisa?

    The Wolf

    #957494
    Rav Tuv
    Participant

    Wolf the gezeirah of David was yichud penuya. Yichud isha is d’oraysa.

    #957495
    Toi
    Participant

    wolf- rashi shabbos yud gimmel amud alef.

    #957496
    WIY
    Member

    Gamanit

    Good, it slipped my mind.

    Wolf

    Essentially any Derabbanan is a Deoraysoh of Lo Sasur.

    #957497
    E-O-M
    Participant

    Draft her into the Israeli army

    #957498
    Vogue
    Member

    Ve’Ahavta Lerayacha Kamocha. Love thy neighbor as thyself.

    #957499
    Sam2
    Participant

    Ask Rabbi Fruchter what he did when he found out that his Shabbos Goy (Elvis Presley) was actually Jewish.

    #957501
    WolfishMusings
    Participant

    Wolf the gezeirah of David was yichud penuya. Yichud isha is d’oraysa.

    Fair enough, but my understanding of a live-in maid is that they are usually single, no? If married, wouldn’t they live with their spouse?

    Essentially any Derabbanan is a Deoraysoh of Lo Sasur.

    While that is technically true, it is not applied for practical reasons. If you actually applied that reasoning, then there would never be *anything* that is d’rabbanan. You could never apply the rule of “safek rabbannan l’hakel” since every d’rabbannan is also d’oreisa.

    The Wolf

    #957502
    jewishdude
    Member

    what i think is the most obvious one-now you can have her cook for you

    #957503
    Israeli Chareidi
    Participant

    Though Dovid Hamelech was Giozer for a Pnuya, I believe that was one who is tahor. Nowadays all unmarried woman can be assumed not to be tahor so it may be min hatorah.

    #957504
    tzaddiq
    Member

    Sam2: ….whaat? the ‘king’ was jewish???

    #957505
    etnazr
    Member

    Elvis’ tzitzit were a little too progressive.

    #957506
    Sam2
    Participant

    Wolf: Israeli Chareidi is correct.

    Tzaddik: Elvis Aaron Presley’s mother was Jewish.

    #957507
    playtime
    Member

    Sam2- Please expound.

    #957508
    squeak
    Participant

    What if you found out that your non jewish live in was jewish, and then she found out she was actually not jewish- what would she do?

    #957509
    Sam2
    Participant

    Playtime: It has been disputed, but a biographer proved pretty clearly in the book Elvis and Gladys that Elvis’s mother was Jewish.

    #957510
    Chortkov
    Participant

    Essentially any Derabbanan is a Deoraysoh of Lo Sasur.

    While that is technically true, it is not applied for practical reasons. If you actually applied that reasoning, then there would never be *anything* that is d’rabbanan. You could never apply the rule of “safek rabbannan l’hakel” since every d’rabbannan is also d’oreisa.

    The Wolf

    Actually, the Rishonim already ask about why we DON’T say that every Derabbanan is a Daoraysoh in respect to Sofek. I think it is a machlokes Ramban/Rambam if every Derbanan is in fact a Deorayso or not.

    R’ Shimon Shkop (Sharey Yosher 1:3) and the Shev Shmaytseh (1:23) bring the various shittos down.

    1) The Rabanan were never Goizer in a case of Sofek

    2) Being oiver misafek is not included in “Lo Sosur” (For explanation of this, see the Nesivos who takes on that the Rebanan cannot “asser” something; you just have to listen to them. So if you are oiver beshoggeg, for example, you will not be oiver on Lo Sassur. See Kovetz Shiurim — Kuntras Divrei Sofrim.)

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