Parshas Korach 5785 – Intriguing Questions & Answers
Renting a Home to Non Shomer Shabbos Renters
Q: Often, I’ve been asked from people who have homes for rent either apartments in Eretz Yisroel or houses in the states, and the renters sometimes are Jews that unfortunately are “mechalalei shabbos” non shomer Shabbos Jews, and the question comes up is there any halachic restriction not to rent them the house since maybe I’m enabling them to be mechalel Shabbos or assist them in that prohibition, thus transgressing myself the principle of Lifnei Iveir? The same question applies to renting to a Jewish couple who aren’t married according to Jewish law, by renting the home to them is that causing them to transgress many prohibitions?
A: In the past we’ve discussed the basic guidelines for Lifnei Iveir and I will go over it in short for clarity purposes since it is related to this past weeks Daf Yomi. The Gemara in (Avodah Zarah 6b) states: a person my not pass a cup of wine to a nazir, or eiver min hachai which is meat torn from an animal while it is alive, to a ben noach. The reason is since the torah prohibits a nazir to drink wine, and a ben noach to eat eiver min hachai, if one passes them this forbidden item, they will transgress the prohibition of Lifnei iveir.
The gemara adds that this applies only when the people are situated on the opposite sides of a river, meaning, the nazir or ben noach cannot reach the wine or eiver min hachai on their own, rather they can only obtain it if it is passed to them from across the river.
However, in a situation where they can obtain the forbidden foods on their own, and they just ask someone to pass to it to them even though they can obtain it by themselves, that person doesn’t transgress the prohibition of Lifnei iveir.
Also, in previous editions we mentioned an additional rabbinic prohibition “Mesayeia” מסייע לדבר עוברי עבירה – assisting one to transgress an aveirah, in this case even when the person could’ve obtained the item on their own, there still could present an issue of assisting which is rabbinic and not a prohibition from the torah.
Based on all of the above, it would seem that our situation in regards to renting out a apartment or house to a couple living in a prohibited fashion in accordance with Jewish law, and/or doing chilul Shabbos in the apartment, for the owner it isn’t an issue of Lifnei iveir since they could rent anywhere, rather it is a problem of Mesayeia assisting them to do an aveirah.
The Schach YD: 151:6 famously writes that just as we don’t have any prohibition of Mesayeia by non-Jews, so too by a mumar (mechaleli Shabbos) we don’t have any prohibition either. This would mean that when we aren’t faced with a lifnei ieveir question there isn’t any prohibition to assist either.
However, many poskim disagree with this opinion and hold that a Mumar remains a full-fledged Jew despite his sins, and therefore it is prohibited to assist him by letting him rent a house to do aveiros in it. Although this is true, as mentioned in the past in a case of necessity, or when there are additional factors to rely on, we are lenient and rely on the Schach’s ruling, this was the opinion of Harav Moshe Feinstein, Harav Shlomo Zalman Auerbach and Harav Yosef Shalom Elyashiv ZT”L.
In addition to all of the above, many times I give a ruling based on what I’ve learnt by the Gedolie Haposkim here in Eretz Yisroel, that it is permitted to rent one’s home even to someone who transgresses many torah prohibitions including not being shomer Shabbos, since renting out an apartment isn’t actually assisting him to do the aveirah per se’. Therefore, especially when it is hard to find renters one can be lenient and rent it out to them.
It must be pointed out that when one has an apartment or house that is in an area where the Jewish residents would protest having such neighbors, that don’t keep Shabbos etc. one must take that into consideration, and if the neighbors protest in certain situation’s Beis Din will rule that one can’t rent his home just to anyone, and therefore a Rav fluent in these areas of halacha should be contacted.
Donating a Kidney Against a Parent’s Wish
Q: Being asked many times a very sensitive question I decided to share it with the weekly readers, may someone donate his kidney to save someones life when it is going against his parents’ wishes?
A: Before addressing the ruling that is given for questions like these, it is appropriate to point out a very important factor. The Gemara in (Kiddushin 30b) states that hashem equates honoring one’s parents to honoring hashem himself, this can be seen in Shulchan Aruch YD: 240:1 how the torah commands us to have the greatest level of respect towards one’s parents, this should always be taken into consideration before ruling any shailah involving kibbud av vem.
We also are aware of what the torah writes that respectings one’s parents lengthens a person’s life (shemos 20:12) as can be seen in the words of rashi ibid, on the flipside if one disrespects ones parents it could shorten a person’s life chas veshalom.
Although in accordance with halacha one isn’t obligated to donate his kidney even to save another person’s life, it would still be classified as acting in response to pikuach nefesh. Based on the Gemara in Yoma 85b, theoretically any issur other than the three avieros chamuros עבודה זרה, גילוי ערות ושפיכות דמים, may be violated if necessary to save the recipient’s life. This includes a kohen going into forbidden parts of the hospital or disregarding a parent’s opposition.
According to the opinion of Harav Shlomo Zalman Auerbach zt”l, one may receive a ruling that he can donate his kidney against his parents wishes, but at the same time he must do so with the greatest reverence and appreciation towards them that they should feel that he understands that their opposition is sourced in pure love and concern for him.
Eating Kosher Food on Same Table That Has on It Non-Kosher Food
Q: I will be traveling this summer and parts of my travels include eating my own kosher food at cafeterias with non-kosher food on the same table, is there any problem with this since the food is close to me perhaps, I will want to taste the food?
A: Based on the Gemara in Chulin 108 we find that one who is eating meat shouldn’t eat at a table with someone eating cheese, unless they place a heker to remind themselves not to taste from one to another, see Shulchan Aruch 88:2. Also we find based on the Gemara ibid daf 103 that one can’t eat meat on a table while cheese is on the same table maybe one will eat from both.
However, one may eat kosher food while a non-kosher meal is on the table because we are not concerned that he may eat the kosher meal together with the non-kosher meal, since Jewish people are accustomed to refraining from non-kosher foods.
However, there is an exception to this rule, which is bread, if bread isn’t kosher, one may not have any meal on a table that has on it non-kosher bread.
Therefore, the chachamim decreed that non-kosher bread may be on the table while eating ones meal, unless they have a heker to remind them not to eat the other food on the table. I’ve seen people noting that today all bread items are assumed to be non-kosher unless they have a reliable hechsher. Since many bread items are made with butter or lard and therefore need a hechsher.
If one is eating his meal and a non Jew is eating at the same table one could continue to eat even without a heker.
Additionally, if they are eating at the same table and aren’t within arm’s reach to one another the Achronim write that one doesn’t need any heker in that case even when sitting next to a Jew eating cheese while he is eating meat.
Correction Clarification from Last Week
Last week while discussing the question about a woman who accidentally mixed into the dough the piece of challah dough the she separated for challah. We mentioned that in the event that the challah mixed completely the halacha is as follows, the person who separated the challah should gather three to form a beis din and tell them about the mistake. She should say “I regret having made that piece of dough into challah, and had I known that I would later regret it I would not have designated it as challah.”
The three men say three times “muttar lach”, and then it is permitted to eat it. This is what was written last week. It must be noted that after the annulment is performed, challah must be separated from the dough again without a berachah.