OUTLINES OF HALACHOS FROM THE DAF
Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim daf@dafyomi.co.il http://www.dafyomi.co.il
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BAVA BASRA 16 - Dedicated by Eddie and Esther Turkel of N.Y. and family.
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1) LOOKING AT WOMEN
(a) Gemara
1. (Rava): Iyov's mouth should be filled with dirt for
saying "Bris Korati l'Einai u'Mah Esbonen Al
Besulah." He credits himself for not looking at
other women. Avraham did not even look at his own
wife - "Hinei Na Yadati Ki Ishah Yefas Mar'eh At."
This implies that until now, he did not know!
2. 58a: R. Bana'ah found Eliezer (Avraham's slave) near
Avraham's grave. Eliezer told him that Avraham was
sleeping in Sarah's arms. R. Bana'ah asked him 'ask
Avraham if I may enter.'
i. Avraham: He may enter. It is known that there
is no Yetzer ha'Ra after death, so there is no
need for modesty.
3. 167b (Abaye): Even though a witness cannot retract
his testimony after he testified, a Chacham normally
is not so exacting about women, so he is believed to
retract what he originally said (about a woman's
identity).
4. 168a (Abaye): When a Chacham goes to be Mekadesh a
woman, he should take an ignoramus with him, lest
they give to him a different woman at the Nisu'in.
(The ignoramus would recognize that she is not the
same woman.)
5. Kidushin 41a (Rav Yehudah): One may not be Mekadesh
a woman without seeing her. Perhaps he will not like
her appearance, and he will despise her, and
transgress "v'Ohavta l'Re'acha Kamocha."
6. Avodah Zarah 20a (Beraisa): R. Gamliel was in Har
ha'Bayis, and he saw a beautiful Nochris. He said
"Mah Rabu Ma'asecha Hash-m";
7. When Turnusrufus' wife tried to seduce R. Akiva, he
laughed, for he saw (through Ru'ach ha'Kodesh) that
she would later convert and marry him. He cried due
to her beauty, which would ultimately go to the
grave.
8. Question (Beraisa): "V'Nishmarta mi'Kol Davar Ra" -
one may not look at a beautiful woman, even if she
is single, or at a married woman, even if she is
ugly. One may not look at a woman's colored
clothing, nor at animals or birds mating, even if
they fill his field of vision, like the angel of
death.
9. Answer: He saw her when he turned a corner. (He did
not know in advance to close his eyes.)
10. (Rav Yehudah): One may not look at a woman's colored
clothing even if it is on the wall.
11. (Rav Papa): The Beraisa forbids only if he knows
whose clothing it is.
12. Support (Rava): The Beraisa says he may not look at
a woman's colored clothing. It does not say 'at
(women's) colored clothing.'
13. (Rav Chisda): It is forbidden only if she already
wore the clothing, but not if it is new. If not, it
would be forbidden to give new clothing to a
professional to make alterations, for he will look
at it!
14. Objection: Rav Yehudah taught that an animal breeder
may insert the male's Ever into the female, even
though one may not look at animals mating! You must
say that one involved in his profession is not
aroused to improper thoughts. This could also
explain why we may give clothing to a professional!
15. Avos d'R. Noson (2:5): Iyov was stringent not to
look at a virgin, even though he (some texts - or
his son, brother or relative) could marry her, and
all the more so at a married woman. He was stringent
lest later someone else marry her, and Iyov will
look at (Hagahos ha'Gra - think about) a married
woman.
(b) Rishonim
1. Rif and Rosh (Kidushin 16a and 2:1): One may not be
Mekadesh a woman without seeing her. Perhaps he will
not like her appearance, and he will despise her,
and transgress "v'Ohavta l'Re'acha Kamocha"!
2. Rambam (Hilchos Ishus 3:19): It is improper to be
Mekadesh a woman until he sees that she is pleasing
to him, for if she is not, he will divorce her or
cohabit with her even though he hates her.
3. Rambam (Hilchos Isurei Bi'ah 21:3): One may look at
the face of a Penuyah (unmarried woman), whether or
not she is a virgin, to check if she is pleasing in
his eyes and he would like to marry her. There is no
Isur. Further, it is proper to do so. He may not
look lustfully. It says "Bris Korati l'Einai u'Mah
Esbonen Al Besulah."
i. Ra'avad: The Gemara said that a Chacham who
goes to be Mekadesh a woman should take an
ignoramus with him, for a Chacham does not
normally do so (look at them).
ii. Magid Mishneh: This is not difficult for the
Rambam. Even if a Chacham looks at a girl once,
he would not know if they switched her, for he
does not look at the form of women so much. An
Am ha'Aretz will recognize her even if he saw
her only once. If it were forbidden to look at
a woman to inspect her, we would not tell an Am
ha'Aretz to sin in order to help a Chacham! Rav
Yehudah's teaching proves that it is permitted.
iii. Yad Aharon (in Hagahos Tur ha'Shalem 8):
Perhaps the Am ha'Aretz will not lust, for he
is like one engaged in his work. This is
difficult.
(c) Poskim
1. Shulchan Aruch (EH 21:3): One may look at a Penuyah,
whether or not she is a virgin, to see if he wants
to marry her. Further, it is proper to do so.
i. Beis Yosef (DH u'Mutar): The Magid Mishneh
defended the Rambam well.
ii. Nesivos Shabbos (in Hagahos Tur ha'Shalem 8):
This implies that after the Shiduchin he may
not look at her. A man may look at his wife
when she is Nidah, for she will be permitted to
him later. This is after they had Bi'ah, for
then his Yetzer is not so great. Before Bi'ah,
seclusion is forbidden; likewise, he may not
look at her. We asked why R. Akiva looked at
Turnusrufus' wife, even though he knew that
later, she would marry him. We must say that
before marrying her, the Yetzer is greater.
iii. Note: One could say that the Gemara asked only
about R. Gamliel! Also, perhaps after Shiduchin
is more lenient, for he could have Nisu'in with
her whenever he wants (when she is not Nidah)!
iv. Taz (Kesav Yado 3): Why didn't Avraham look at
Sarah (before marrying her,) before he
(accidentally) saw her on the way to Mitzrayim?
The concern is lest he see something repilsive.
Avraham resolved never to look at her, so there
was no concern. This is why a Chacham should
take an Am ha'Aretz with him to Shiduchin (the
Chacham will never look at her). Iyov said that
he did not look even at his own wife before
marrying her.
v. Note: Rava holds that Iyov looked at his own
wife. Perhaps Avraham saw Sarah before marrying
her, but (until he saw her now) he assumed that
her beauty faded due to travelling (see Rashi
Bereishis 12:10)!
vi. Ya'avetz (on Avos d'R. Noson): Why aren't we
concerned lest Ploni look at her, another will
marry her, and Ploni will look at her
afterwards? If Ploni did not marry her, she was
not pleasing in his eyes. Iyov was stringent,
for he already had a wife. He could have looked
for another wife, or a wife for his son or
relative, but it is proper for one not to do
so, lest he look at her after she is married.
vii. Binyan Yehoshua (on Avos d'R. Noson): Ornaments
are only for inside the house (Tanchuma
Vayishlach 5), but not for Reshus ha'Rabim,
because people look at her. We do not put a
potential for sin in front of Kosher people,
and all the more so in front of thieves!
2. Rema: Some say that one should not do with his wife
matters of affection, e.g. for her to check his head
for lice, in front of others.
i. Darchei Moshe (3): The Nimukei Yosef (31a,
before the Mishnah): We learn from the episode
with Avraham that it is improper to do such
things with one's wife in front of others.
ii. Rebuttal (Drishah 4): I say that only lying in
her lap, like the episode with Avraham, is
forbidden. Perhaps no one forbids perusing his
head while he is sitting. However, the Rashba
(1:188) compares this to pouring water on his
hands and setting the bed, which are
endearment.
iii. Taz (1): R. Bena'ah was concerned for a lack of
modesty for Avraham to lie in Sarah's lap in
front of others, and also for perusing his
head, lest it arouse desire in others. Avraham
said that since there is no Bi'ah after death,
neither is a problem. This shows that normally,
one should not peruse her husband's head in
front of others. This is only with a wife, for
it makes others think about Bi'ah. One may
peruse the head of her brother or father in
front of others.
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