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Kesuvos Chart #12
(A) COMPLETELY UNCOVERED |
(B) COVERED BY A "KALSAH"(1) |
(C) COMPLETELY COVERED(2) |
||
---|---|---|---|---|
1) | IN HER PRIVATE COURTYARD(3) | Mutar (some say Asur)(5) |
Mutar(7) | Mutar |
2) | WHEN WALKING FROM ONE COURTYARD TO ANOTHER(3); IN AN ALLEY(4) |
Asur (Das Yehudis) (6) | Mutar(7) | Mutar |
3) | IN THE MARKETPLACE AND IN AN ALLEY THROUGHWAY | Asur (mid'Oraisa) |
Asur (Das Yehudis) |
Mutar |
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FOOTNOTES:
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(1) RASHI explains that a "Kalsah" is a wearable basket that a woman wears
upon her head, into which she places her spindle and thread. Accordingly, it
is the same gear discussed in Gitin (77a), "He threw [the Get] into her
Kalsah," as Rashi explains there. The RAMBAM (Hilchos Ishus 24:12) describes
it as a "Mitpachas," and the Yerushalmi calls it "Kaflatin." Apparently,
according to this description, the "Kalsah" is a type of cap ("Kipah") that
covers the head, as the ARUCH (Erech "Kaflita") explains with regard to the
word "Kaflita" in the Yerushalmi (Shabbos 6:1). However, the Aruch elsewhere
(Erech "Kaflitin") explains that the word in the Yerushalmi here is actually
"a Roman word for hair and braids, and it refers to a wig." According to all
of these explanations, the Kaltah is not a complete head-covering because it
does not cover all of the hair, but only some of the hair. Alternatively, it
is not made to be worn as clothing and it easily slides off, revealing all of
the woman's hair.
(2) The RAMBAM (ibid.) calls this a "Redid," which is the same as the
"Kevinta" mentioned in Gitin (15a), as Rashi explains in Yeshayah (3:23). It
is the Aramaic translation of the Hebrew word, "Tza'if" (Bereishis 24:25), or
kerchief, which is the word that the RI'AZ here uses to describe the full
head-covering mentioned our Gemara. The Rambam elsewhere (Hilchos Ishus
13:12) explains that there is a "Redid," or kerchief, that is very long and
wraps around one's entire body. It appears from the Rambam's words, though,
that our Sugya is not discussing such a "Redid," but one that covers only the
entire head.
(3) This refers to a Chatzer in which there are not many people present, as
the Yerushalmi (7:6) explains, and as cited in the Shiltei Giborim. If there
are many people present there, even a Chatzer has the status of a public
marketplace. Moreover, it is permitted to be in her Chatzer with no hair
covering only when she does not stay there for a long period of time (SEMAG).
(4) This refers to a Mavoy, or alley, which is not an open throughway to
Reshus ha'Rabim (RI'AZ). If it is open to Reshus ha'Rabim and the public walk
there, it has the status of Reshus ha'Rabim, as the Yerushalmi (ibid.)
states.
(5) Rashi, Tosfos, the Ritva and the Ran seem to imply that she may go into
her Chatzer with her hair completely uncovered. However, the ME'IRI writes
that it is shameful ("Megunah") to do so, and the RI'AZ prohibits it (based
on the Yerushalmi here), and so rules the SEMAG (cited in Hagahos
Maimoniyos). This also seems to be the implication of the Aruch (Erech
"Kalas"). The BACH and Acharonim (EH 155) explain that according to these
stringent opinions, our Sugya is only saying that wearing a "Kalsah" in a
Chatzer does not constitute "uncovered hair" with regard to divorcing her;
but there does exist an Isur for a woman to go out in such a manner in a
Chatzer. (Rashi and the other Rishonim may agree to this as well.) This is
the ruling of the Poskim, l'Halachah.
(6) It appears that this Isur is only because of "Das Yehudis," because the
verse from which we learn the Isur for a woman to go out with her hair
uncovered is discussing Reshus ha'Rabim (according to the second explanation
of Rashi, and even the first explanation of Rashi seems to be saying that she
uncovered her hair *in Reshus ha'Rabim* in order to attract her adulterer to
be alone with her at a later time).
(7) Even though, according to the letter of the law, it is permitted for her
to go out with a "Kalsah," nevertheless the BACH (ibid.) writes that "in all
areas where Jews have lived it has always been the custom for a married woman
to cover her hair completely; even in front of the people of her own
household she at least wears a basic head-covering." In either case, the
Gemara (Yoma 47a) states, in such matters, that "a woman who is modest and
who covers her hair even inside her own home will merit that children will
come forth from her who will serve as Kohanim Gedolim...."
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