Parshas Va’era – 5785 – Intriguing Questions & Answers
Parshas Shemos 5785
Intriguing Questions & Answers
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Who Is Fit to Serve as Mesader Kiddushin?
Q: Many people ask whether anyone familiar with the process of being mesader kiddushin may do so, or if it must specifically be a competent and well-learned Rav or Rosh Yeshiva.
A: The Gemara (Kiddushin 6a) states: “Anyone who is not well-versed in the laws of gittin and kiddushin should not involve themselves in these matters.” Rashi explains that this refers to being a dayan on such matters, as these are areas where mistakes are irretractable—a mistaken psak can lead to permitting an ervah (e.g., permitting an eishes ish to get married), causing mamzeirim.
However, practically speaking, it is sufficient for the mesader kiddushim to know just the basic halachos, as we will explain. The Taz infers this from the Shulchan Aruch’s wording “l’horos bahem—to issue rulings” (Even HaEzer 49:3), meaning that the requirement to know the intricacies of gittin and kiddushin applies to issuing halachic rulings in these areas, as Rashi explained. However, being mesader kiddushin under the chuppah, which involves few details and does not constitute issuing a psak, does not require such expertise. He adds that it is indeed customary to honor even individuals who are not great talmidei chachamim with siddur kiddushin. The Beis Shmuel (49:4) concurs with this view.
However, the Shevus Yaakov (3:121) argues that this prohibition applies even against being mesader kiddushin, and not only issuing halachic rulings on these matters. Similarly, the Keneses Yechezkel (end of §72) records a takanah from the Rabbonim of France in the time of Rabbeinu Tam, prohibiting anyone other than a Rav or dayan of the community from being mesader kiddushin.
Nonetheless, as noted earlier, both the Beis Shmuel and the Taz maintain that this applies specifically to issuing halachic rulings regarding kiddushin but not to siddur kiddushin, since it does not fall under the category of issuing halachic rulings. This differs from arranging a get, which involves many intricate details and is unquestionably considered a halachic ruling. For this reason, only an expert should oversee a get.
Shu”t Maharsham (3:279) notes that this takanah of the Rabbonim of France was not adopted as binding practice, and it is indeed customary to honor even those who are not great talmidei chachamim or bekiim with siddur kiddushin.
In defense of this practice, Rav Yaakov Kamenetsky zt”l writes in Emes L’Yaakov (Even HaEzer §49) that although the Shulchan Aruch codifies the Gemara’s ruling to require someone well-versed in the laws of kiddushin, in our times, there are a number of reasons for leniency. Therefore, if someone is honored with siddur kiddushin—such as a grandfather or close family member—it is permissible for them to accept the kibud even if they are not experts in the laws of kiddushin. Especially today, any questions that arise can be quickly resolved by consulting a halachic authority via telephone. This reasoning may explain why some rosh yeshivas who are not experts in these laws still are mesader kiddushin for their students.
Rav Chaim Kanievsky zt”l, as quoted in Yismach Lev, stated that a mesader kiddushin does not need to know all of Hilchos Kiddushin thoroughly; it is sufficient if they know the main principles.
In practice: While it is permitted to be mechabed someone less learned with siddur kiddushin at a wedding, it is nevertheless highly recommended to choose a talmud chacham who is well-versed in these matters. Experience has shown that many potential halachic issues can arise in writing the kesubah, its acquisition, the eidim, the maaseh kiddushin, the birchas ha-chuppah, and so on. Without a knowledgeable Rav overseeing these details, significant halachic mistakes in the kiddushin process could occur, c”v.
May One Use a Boy’s Handwriting as a Means of Evaluating His Character?
Q: It’s become quite common in Israel for people to seek the expertise of a graphologist in revealing information about a boy’s character. What’s the boy really like? Everyone we ask says wonderful things, but what’s he really like? Is he truly happy? Is he genuinely kind? Is he humble and patient, even when no one’s watching? These are the questions we want answered, but of course, no one has those answers. This is why hiring an expert to analyze the boy’s handwriting seems so ideal. The question is, however, how do we get ahold of something he’s written? Would it be acceptable, for instance, to have a bachur in his yeshivah borrow some notes he’s taken in his learning? Also, is there any aspect of lashon hara involved here? Finally, are we even allowed to utilize such a resource, or is it regarded as some sort of witchery?
A: Let’s first clarify the fact that having someone borrow the boy’s notes so that you can show them to a graphologist is absolutely forbidden. Doing so would constitute a form of theft, under the general Halachah forbidding a borrower of an item to lend that item to a third party without the owner’s permission.
Regarding the potential for lashon hara, this is certainly problematic. In accord with the Chafetz Chaim (1:8), a graphologist who examines someone’s handwriting without that person’s knowledge and reveals unflattering information based on his analysis is engaging in slander. Whether stating his interpretations outright or somehow hinting at them indirectly, he transgresses, and you, in believing his interpretations, transgress.
The Chafetz Chaim (Be’eir Mayim Chaim 4) additionally notes that if one receives a letter from an individual that displays the individual’s lack of Torah erudition, or some sort of unflattering trait, one may not show the letter to someone else in order to exhibit the writer’s shortcomings. Doing so would constitute lashon hara.
Graphology does not constitute witchery, or kishuf, which involves attempts at foretelling the future. The graphologist’s analysis, however, concerns the writer’s current emotional/psychological state.
It should be noted that graphology isn’t an exact science. For example, factors such as the writer having been rushed, exhausted, nervous, or frustrated while he wrote can profoundly affect his handwriting, imparting aspects to the letters and words that reveal more about his momentary state than his core traits of character.
You’re trying to discover who the boy truly is, not how he felt as he wrote. So, exercise caution and common sense as you proceed.
And how should you proceed? The only way to utilize any insight a graphologist might offer is to obtain the boy’s handwriting sample with his permission and full knowledge of your intent. Also, the graphologist must be instructed to refrain from divulging any observations that are, for whatever reason, irrelevant to the matter at hand – namely, discerning whether or not the boy is a suitable match for your daughter. Any unflattering information falling outside this realm could not be regarded as permissible defamatory details that have a clear תּוֹעֶלֶת (an ultimately useful, beneficial purpose).
Pareve Kettle or Urn on Which Milk or Meat Spills
Q: I am often asked regarding the following scenario: a hot water urn is placed on a hot plate and is used for making coffee with milk. Occasionally, particularly on Shabbos, when a pot of cholent or meat dish is removed, a drop of the contents splashes onto the pareve urn. The question arises: is it permissible to drink water from the urn to make coffee with milk, or must the urn be kashered before using it with milk?
A: To properly address this question, one must delve into several topics, though space and time do not allow for an exhaustive discussion here. Nonetheless, we will briefly summarize the practical ruling and its reasoning.
In practice, my initial response depends on whether the urn is made from a single piece of metal or is an electric urn with multiple layers and Styrofoam insulation. If it is the latter, there is seemingly no issue, as the water is contained in an internal layer that the meat spill cannot reach due to the barrier between the layers.
If, however, the urn is made of a single piece of metal, the entire metal structure may have absorbed the meat. Although the water inside the urn may contain sixty times the volume of the spilled drop, effectively nullifying it, the urn itself remains like a meat pot. According to Ashkenazi custom, it is forbidden to use a meat pot—even if it is eino ben yomo (not used in the past 24 hours)—to prepare food of the opposite type.
Therefore, in such a case, it is forbidden lechatchila to prepare coffee with milk using water heated in a (now) meaty urn that is eino ben yomo. However, there is room to be lenient in certain circumstances:
- If it is a type of vessel that is always used in large enough amounts (b’shefa) such that there will always be sixty times the amount of absorbed food.
- The issue here is only a case of nat bar nat (secondary transfer of flavor) from an eino ben yomo utensil.
If no alternative urn is available, as in this case, it is permissible to use water from this urn after 24 hours have passed to prepare coffee with milk (although if this happened on Shabbos itself, it would not be permitted on that Shabbos). This is the ruling of the Binas Adam and many other Acharonim.
This is a brief summary and reasoning of the ruling, as there are many factors at hand here. B’ezras Hashem, we will expand on these issues in separate discussions in the future.
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