More Discussions for this daf
1. Histaklus 2. Lo Sasuru 3. Histaklus
4. rav moshe 5. Rabbi Akiva and the Wife of TurnusRufus
DAF DISCUSSIONS - AVODAH ZARAH 20

hi asked:

i just wanted to ask you regarding histaklus a oint rav moshe makes in his known tshuva in even ezer siman 56. rav moshe makes a comment discussing the issurim of histaklus so that one wil not come to be meharher (like you explained, and like he explains in his tshuva you quoted siman 69) he does make a point that that part of the issur of vnishmarta is being allowed to rely on oneself not to be mehaher in certain situations-he syas in fact that is in a sense the issur of vnishmarta, but one can be ovver this issur in certain cases, however he states that one cannot actually be meharher for he states that that is an issur torah, one cannot violate it and call oneself ones. i just wanted to ask and clarify how rav moshe clarifies the issur(im) on the whole. It seems that he states (also in many places in iggrot moshe) that being meharher is an issur deoraitta, and that it seems chazal assured actions which lead to hirhurim (like our gemara :histaklus, animals mating...) however it seems that the general rule chazal works with regarding all of that which theu assur is that one can violate their prohibition (in this tshuvas case-histaklus of improper sites) in certain situations granted they do not come to hirhur (the issur deoraita) but in regular cases one cannot viollate their issurim (rely on oneself) and that is the general basleine of the issur(im) (derabbanan) of vnoshmarta (so it follows that this baseline applies only in situatinions where they assur (obviously) (because of the generlaness which the caus hirhur), am i on the ball here (it seems to make sense withthe general shitas, and how rav moshe poskens and what he says here and in other places in iggrot moshe)

hi, new york, US

The Kollel replies:

I must preface my explanation by saying that Rav Moshe is working around two principle rules in this Teshuva: that "v'Nishmarta" is an Isur Torah (which I think is apparent from the tone of the entire Teshuva), and that there is a large difference between something which is essentially forbidden by the Torah, and something which the Torah forbids when easily avoided because one might come to do something which is essentially forbidden.

Rav Moshe (end of EH 1:56) understands that the prohibition of "v'Nishmarta" is Halachically like its translation: "and you will guard." This means that a person must be on guard against being Motzi Zera l'Vatalah (see Avodah Zarah 20). How does one do so? By guarding himself from gazing at women in general, and especially for purposes of deriving benefit from their beauty. Rav Moshe states that the first safeguard, not gazing at women who are dressed improperly, was only forbidden by the Torah when one can avoid it without suffering monetary loss (or other similar loss). This is because looking at them when one has no thoughts of pleasure is not essentially forbidden (in which case it would be forbidden even if there were monetary loss), but rather a way to ensure one does not come to be Motzi Zera. Accordingly, the Torah only mandated the implementation of this safeguard when one can easily guard against it. Rav Moshe even entertains this possibility by the second safeguard, when one will probably derive benefit from looking at the women if he enters an area where women are dressed improperly. He concludes that one is only allowed to enter such an area if he feels he will probably not think about the women there fancifully.

All the best,

Yaakov Montrose