The mishna says that we would not allow a mukah shechin to stay married to his wife since it is physically damaging to him, therefore even if they both wish to stay married we would force divorce. This is paskened in Shulchan Aruch (E ven Haezer 154:1). The Boaz on the Mishnayos explains that there is an issur for one to cause himself physical damage, therefore even if he is willing to suffer the pain and damage, we would not allow him to do so and that is why we force divorce. Similarly, anytime someone has a contagious disease that would cause the spouse to likely become ill (such as an STD), we would force divorce. It is obvious that we would not encourage such a marriage to go ahead even if both sides are willing to accept the consequences. But obviously it would depend on the severity of the disease.
A side point is Rashi's understanding of one using the torah as a protection from catching a contagious disease. Rashi considers one who puts them self at risk by exposing himself to the disease and using the torah as a protection is considered a display of "kavod hatorah". How does this fit with the issue raised in the mishna in Avos that one should not use the torah as a "kardom lachpor" as we find in the story in the gemara where a tanna refused to disclose his identity because he did not want to receive any personal benefit from the Torah?
2 comments:
The gemara i mentioned is about r' tarfon (nedarim 62a), but i found that in the mishna in avos 4:5, Rabbeinu Yona seems to preempt this issue and says that an exeption to this rule of not using the torah as a crown and a shovel is "with the exception of one who indents for kavod hatorah, because when he is given honor, the torah is honored". This would explain the actions of R' Yehoshua ben Levi who was certainly doing it for the sake of kavod hatorah.
the concept of כבוד is one that has you wanting to attach to the thing while fearing it at the same time. fir example, honor to a parent means להלבישו ולהאכילו on the other hand אל ישב במקומו it is the combination of these two emotions - love and fear.
there he is using the torah to escape danger so there is no fear element, here he is PUTTING himself inot danger for the sake of teaching torah, he is using the fear for torah.
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