Rabbis,
I am going through the daf yomi and am current through page 54 in Berachos. I tell my brother what I am studying when we talk. He put 2 pieces together and asked this question. Although it seems odd, he asked it serious and you are the only ones I can go to for an answer.
Here's the question: A couple of weeks ago the Gemara said that after a meal a Torah scholar would wipe his hands on the waiter's head before leaving so his hands would not be soiled. Later it said that a waiter can sit down with you without your permission if there are 2 of you so you can do zimun. His question to me is, once the waiter sits down and is part of your zimun, 1) can you still wipe your hands on his head, or 2) does he lose his waiter status and you must find some other waiter? I appreciate your response to this question.
Barry Epstein
When the Gemara says that a Torah scholar wipes his hands on the waiters head, it was not saying that he wipes the dirt on the waiter's head, but rather the oil which the scholar rubbed on his hands to give them a nice smell. Consequently, when he wipes them on the waiter's head, he is doing the waiter a favor (free cologne, in a sense). Therefore, if the waiter sits down and joins the meal, one may still wipe his hands on him, and he does not lose his status of waiter, because that is his job.
Thank you very much. I can't believe you responded. Regarding the second part of the question, does the waiter lose his waiter status and therefore you cannot wipe the cologne on his head, or is he still a waiter? I assume you would not wipe your hands on someone you sat down to eat with.
The waiter does not lose his status as waiter. That is his occupation, that is what he does for a living, and he is still on the job when he sits down to eat with you, and therefore he is entitled to have you wipe the aromatic oil upon him. (Of course, the accepted cultural standards of interaction with a hired waiter nowadays may be different).
All the best,
Yisrael Shaw