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Parshas Tzav: Rabbeinu Bachaye - Covering the Shame of Sinners

Parshas Tzav: Rabbeinu Bachaye - Covering the Shame of Sinners

Parshas Tzav: Rabbeinu Bachaye - Covering the Shame of Sinners

Parshas Pinchas: Rav Yehonoson Eibshitz - Where did Zimri the Great Tzaddik go Wrong?

Showering the Night Before a Taanis
 
Section: Questions   Category: Halacha
  A r c h i v e s
Halacha - "Patur" vs. "Mutar" in Talmud and Mishneh Torah re "giluach b'misparayim"
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question: Thank you for taking my question. I understand that one is "patur" from "malkus" for eating less than a "kezayis" of pork, but it is still "assur" to eat less than a "kezayis" of pork. The Talmud in Makkos says that one is "patur" for "giluach b'misparayim". Also the Rambam in Hilchos Avoda Zara near the beginning of chapter 12 only says that one is "patur" for "giluach b'misparayim", but he doesn't say it is "mutar". However, Rav Yosef Karo in the Shulchan Aruch says that it is "mutar" to do "giluach b'misparayim (even like a razor)". How did Rav Karo get from "patur" which is the language of Makkos and the Mishneh Torah to "mutar"? And where did he get the concept of "misparayim k'ain ta'ar" which I don't see in Makkos or in the Mishneh Torah? Thank you for your time and consideration.
Answer:  

You make a good point. The Rambam Avoda Zara 12:7 states "One is only Chayav if he shaves his beard with a razor; consequently, if one shaved with a scissors he is Patur". The general implication of such an expression would denote something that is forbidden.

In fact, the Kesef Mishna there notes this point but seems to consider it inconceivable that this was truly the Rambam's intent. Rather, he explains that this phraseology was used merely as a continuation of the language of the Mishna quoted previously that one is only Chayav on shaving with a razor, and he continued to use the same expression even though it is imprecise. Note that in the Shulchan Aruch Yoreh Deah 181:10 he uses the more precise term of "Muttar" (the Kesef Mishna was written by Rav Yosef Karo who also authored the Shulchan Aruch).

Also, the Gemara never actually says that a scissors is Pattur. What the Gemara Makkos 21a says is, "I might have thought that one who cuts his beard with a scissors is Chayav, had not the Torah written Lo Tashchis".

While one might question how the Kesef Mishna was so certain that the Rambam's intent was not consistent with his syntax; in fact, the previous Halacha in the Rambam makes this explanation an imperative. As in 12:6 he writes that it is Muttar to cut the Peyos with a scissors, and they are significantly more stringent than the beard. Most Poskim disagree with this Rambam and forbid cutting the Peyos completely with a scissors, it is inconceivable that the Rambam would permit Peyos while forbidding the beard.

While the Sefer HaChinuch 252 does understand the Rambam he way you cited him, he does not address the apparent contradiction to the previous Halacha. For more sources, see Darkei Teshuva 181§17 who quotes a number of Seforim who rule stringently on trimming the beard with a scissors; possibly some of them understand the Rambam this way. Also, look in the Mafteach of the Frankel Rambam on Avoda Zara 12:7 where he lists numerous Poskim who address this issue.

posted:2013-01-13 18:19:00  (0) comments   email to a friend


Halacha - Payos
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question: What is the source for a man having Payos? Is it Mideoraisa or Midrabanon?
Answer:

It depends what you mean by "having payos". It is forbidden mi'Doraisa to completely remove the hair in the area of the payos, whether with a razor or a scissors. A minimum of 5-6 mm must be left. The idea of leaving very long payos is based on Minhag and Kabbala, and is not even d'Rabannan. 

posted:2012-07-20 19:09:56  (0) comments   email to a friend


Halacha - Shaver
Submitted by Akiva  Answered by Rav Peretz Moncharsh
Question: Hi rabbi I want to buy a electric shaver that isn't a 3 head rotary. How do you If it is kosher or not? Thanks
Answer: The foil shavers such as Braun and Remington are generally even less problematic than the rotary heads as they do not contain blades sharp enough to cut on their own. I have seen the issue raised that the foil screen itself may be sharp enough to cut hairs and act like a razor, which would be problematic. However, I have tried it on an older model of the Braun and it did not cut hairs, but it is worthwhile to test a newer model as well.

Ideally, you should show the specific model to a competent Rav.

posted:2011-06-26 18:02:55  (0) comments   email to a friend


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