Wednesday, February 03, 2010

Baba Basra 168a - Bring Along an Am HaAretz

I knew someone in yeshiva who would volunteer as to be the am ha'aretz for those who were busy learning. This leitzanus certainly provoked an obvious question:
How is the talmid chacham allowed to take an am haaretz along with him. If the reason that the talmid chacham isn't looking himself is due to an issur of histaklus, how can he bring along an am ha'aretz to sin for him?
Rambam (Issurei Biah 21:3) writes that it is permitted to look (mistakel) at the face of a single girl to check if she is appropriate for him to marry. The Rambam concludes: ואין בזה צד איסור ולא עוד אלא ראוי לעשות כן (the rambam qualifies this heter that he cannot look derech z'nus).
Ra'avad writes on this Rambam - אמר אברהם, חכמים אמרו לידבר עם הארץ בהדיה, אלמא אין דרך ת"ח בכך
The Magid Mishna explains that the Ra'avad's question is not difficult to reconcile. A Talmid Chacham is allowed and even encouraged to look at his perspective spouse, but since he is not accustomed to looking at women, he may not notice if she is switched on him. Therefore, he should bring an am ha'aretz with him who will be able to assure him that she is the correct one. The Magid Mishna then proves his point by saying that if it were indeed prohibited to look, how can he have the am ha'aretz sin for him. Therefore, it must be that there isn't any issur in looking, just that he won't be certain that it is the same woman unless he brings an am ha'aretz with him.
The fundamental machlokes between the Rambam and the Ra'avad seems to be whether there is a chumra or at least midas chassidus not to look at the perspective kallah. Rambam holds that the gemara is merely addressing a practical concern that he may not notice if she is switched unless he brings along an am ha'aretz, but there is no advantage to have an am ha'aretz look at her rather than looking himself. The Ra'avad seems to hold that the premise of the gemara is that talmidei chachamim shouldn't be looking at women even when it is their perspective spouse, therefore it is recommended to bring along an am ha'aretz. Clearly, the Ra'avad would agree that this is no issur, because if it were an issur, it would be assur to bring along an am ha'aretz to do it. The talmid chacham could look at her himself to avoid the concern of her being switched with another, but since there is a midas chasiddus for the talmid chacham to avoid looking at her, he should bring an am ha'aretz to do what he would otherwise have to do himself.
Rabbeinu Gershom writes - משום דצורבא מרבנן לאו אורחיה למידק ולא להסתכל משום צניעות. This implies like the Ra'avad. According to the Rambam there is no halachic chumra in not looking, just that by the talmid chacham looking himself he won't accomplish his goal. The fact that Rabbeinu Gershom considers this a chumra and midas tznius for a TC not to look, indicates that he holds like the Ra'avad.

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