Home › Forums › Bais Medrash › What problems can you think of in this sticky Halachic case?
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June 5, 2013 4:52 pm at 4:52 pm #609547WIYMember
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?
June 5, 2013 5:00 pm at 5:00 pm #957480morahmomParticipantYichud, yichud and yichud. It’s a d’oraisa, so your problems start and end there.
June 5, 2013 5:04 pm at 5:04 pm #957481popa_bar_abbaParticipantYou can’t marry her to your eved ivri anymore.
June 5, 2013 5:05 pm at 5:05 pm #957482WIYMembermorahmom
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.
June 5, 2013 5:09 pm at 5:09 pm #957483popa_bar_abbaParticipantOk, you cannot force the two of them to marry anymore.
June 5, 2013 5:17 pm at 5:17 pm #957484🐵 ⌨ GamanitParticipantIf you have her working for you on shabbos you can’t allow her to use hot water for the dishes, etc.
June 5, 2013 5:20 pm at 5:20 pm #957486akupermaParticipantYichud 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.
June 5, 2013 5:42 pm at 5:42 pm #957487ToiParticipantif you bash out her teeth and poke out her eyes, she’s still yours.
June 5, 2013 6:12 pm at 6:12 pm #957488gavra_at_workParticipantThere 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.
June 5, 2013 6:27 pm at 6:27 pm #957489kevudaMemberIn 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?
June 5, 2013 6:28 pm at 6:28 pm #957490zahavasdadParticipantThere 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
June 5, 2013 6:42 pm at 6:42 pm #957491Sam2ParticipantThere 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).
June 5, 2013 6:55 pm at 6:55 pm #957492kevudaMemberBut 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?
June 5, 2013 7:14 pm at 7:14 pm #957493WolfishMusingsParticipantIt’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
June 5, 2013 7:26 pm at 7:26 pm #957494Rav TuvParticipantWolf the gezeirah of David was yichud penuya. Yichud isha is d’oraysa.
June 5, 2013 8:16 pm at 8:16 pm #957495ToiParticipantwolf- rashi shabbos yud gimmel amud alef.
June 5, 2013 8:33 pm at 8:33 pm #957496WIYMemberGamanit
Good, it slipped my mind.
Wolf
Essentially any Derabbanan is a Deoraysoh of Lo Sasur.
June 6, 2013 1:19 am at 1:19 am #957497E-O-MParticipantDraft her into the Israeli army
June 6, 2013 3:15 am at 3:15 am #957498VogueMemberVe’Ahavta Lerayacha Kamocha. Love thy neighbor as thyself.
June 6, 2013 3:38 am at 3:38 am #957499Sam2ParticipantAsk Rabbi Fruchter what he did when he found out that his Shabbos Goy (Elvis Presley) was actually Jewish.
June 6, 2013 6:52 pm at 6:52 pm #957501WolfishMusingsParticipantWolf 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
June 6, 2013 7:16 pm at 7:16 pm #957502jewishdudeMemberwhat i think is the most obvious one-now you can have her cook for you
June 6, 2013 7:55 pm at 7:55 pm #957503Israeli ChareidiParticipantThough 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.
June 6, 2013 8:07 pm at 8:07 pm #957504tzaddiqMemberSam2: ….whaat? the ‘king’ was jewish???
June 6, 2013 10:48 pm at 10:48 pm #957505etnazrMemberElvis’ tzitzit were a little too progressive.
June 6, 2013 10:57 pm at 10:57 pm #957506Sam2ParticipantWolf: Israeli Chareidi is correct.
Tzaddik: Elvis Aaron Presley’s mother was Jewish.
June 6, 2013 10:58 pm at 10:58 pm #957507playtimeMemberSam2- Please expound.
June 6, 2013 11:04 pm at 11:04 pm #957508squeakParticipantWhat 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?
June 6, 2013 11:29 pm at 11:29 pm #957509Sam2ParticipantPlaytime: It has been disputed, but a biographer proved pretty clearly in the book Elvis and Gladys that Elvis’s mother was Jewish.
June 7, 2013 3:15 pm at 3:15 pm #957510ChortkovParticipantEssentially 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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