Lack
of uniformity in halakhic standards can often
introduce (sometimes unforeseen) complications
into social situations. For instance, a guest's
kashrut standards may not be the same as his
host's. The 18th Century German halakhic authority
Hagaon Rav Yaakov Etlinger, zt"l, the author
of Responsa Binyan Tzion, was asked the following
question, and his response is quite relevant
to contemporary Orthodoxy:
Question:
One person is hosting a guest who is stringent
about a certain halakha. The host himself believes
that the guest's chumra (stringency) has no
legitimate basis in halakha. Both the host and
the guest are halakhically knowledgeable. Is
it permissible for him to feed his guest food
that his guest believes is forbidden? Response:
The Binyan Tzion's discussion centers around
the following two Talmudic halakhic anecdotes
about pairs of Amoraim on different sides of
a halakhic debate.
A.
Chullin 111
Rav forbids eating fish (or any parve food)
cooked in a meat utensil along with dairy; Shmuel
permits it. Rabbi Elazar (a student of Rav )
was visiting Shmuel. They were serving a meal
at Shmuel's house. One course was fish cooked
in a meat utensil. Shmuel was fed this along
with a dairy condiment (kutach). When Rabbi
Elazar was offered the fish with dairy he refused
it. Shmuel said to Rabbi Elazar, "I gave it
to your rebbe (Rav) and he ate it." After this
incident, when he visited his rebbe, Rabbi Elazar
asked Rav if eating at Shmuel's house was evidence
that he had retracted his opinion about the
fish. Rav responded, "G-d forbid that the child
of Abba son of Abba (Shmuel's father, a great
saint and sage) should feed me something that
I believe is forbidden."
B. Sukka 10
Rav Nachman argued with Rav Chisda and Rabba
son of Rav Huna about whether sukka decorations
(a colorful cloth spread out under the skhakh)
hung more than 4 handbreadths below the skhakh
invalidates a sukka. Rav Nachman held that such
a sukka is kosher and Rav Chisda and Rabba son
of Rav Huna held it is invalid. Rav Chisda and
Rava son of Rav Huna (who invalidate it) went
to visit the exilarch during Sukkot and were
hosted by Rav Nachman. He hosted them in a sukka
whose decorations hung below 4 handbreadths
(thereby invalidating it, according to the two
scholars). They did not make any comment on
the matter. When Rav Nachman approached them,
asking, "Have you retracted your opinion?" they
replied, "Because we are on the way to do a
mitzva we are actually exempt from the mitzva
of sukka altogether."
The Ritva's comments
The Ritva quotes an opinion that infers from
the episode in Sukka the following principle.
If a host is a halakhic authority and rules
leniently about a certain issue, he can put
his guests in a situation where they will, unbeknownst
to them, follow that leniency they do not subscribe
to. Rav Nachman, points out this opinion, had
the two guests sleep in the sukka even though
the guests themselves believed it to be invalid.
The Ritva himself rejects this. Having a guest
unknowingly eat food or do something that the
guest believes is prohibited because of "putting
a stumbling block before a blind man" (not facilitating
another's sin). The story in Sukka is no evidence
against this rule. First of all, in the story
in Sukka, the guests were able to see how the
sukka was constructed. They could have chosen
not to sleep in the sukka if they wanted to.
Secondly, in the Chullin episode, Rav said emphatically,
"G-d forbid that the child of Abba son of Abba
(Shmuel's father, a great saint and sage) should
feed me something that I believe is forbidden."
Rav clearly holds that such behavior is prohibited.
The Ritva also cites his rebbe (Rav Aharon Halevi
zt"l of Barcelona) who ruled likewise.
The Binyan Tzion's additions
After the Ritva's comments, we are still left
with some questions on the plot of both episodes.
Why did Rav Nachman wait until the morning to
ask the other rabbis if they had retracted their
opinions? Shmuel's behavior also seems strange.
Why did he try to feed Rav Elazar the fish?
To resolve the difficulty, the Binyan Tzion
assumes that the episode in Chullin is slightly
more complicated than previously assumed. Rav
Elazar (the student of Rav) was unaware of a
subtle distinction within Rav's opinion. Rav
only prohibits eating fish cooked in a meat
vessel along with dairy if there is still some
taste of meat in the fish. If there is no meat
taste in the fish, even Rav agrees that it can
be eaten with dairy. Shmuel offered Rav Elazar
fish that was really permitted to Rav Elazar,
but Rav Elazar did not realize it.
The sukka episode should be taken at face value,
though. It is likely that the two rabbis did
not see that the sukka was invalid (according
to their own opinion), but Rav Nachman, says
the Binyan Tzion, still had them sleep there.
He might not have viewed such behavior as "lifnei
iveir" (this is how the opinion the Ritva quoted
learned the Gemara). He therefore only questioned
them in the morning when they had already seen
the sukka, yet remained in it.
However, Rav clearly considered feeding someone
something the recipient believes (mistakenly,
according to the giver) is prohibited, and we
rule like Rav, despite Rav Nachman possibly
arguing. Therefore he accepts the Ritva's and
his teacher's ruling even though he argues on
some of the details of the case. The Or Zarua
(section 603) also seems to rule that a lenient
host cannot feed a (in his opinion misguided)
stringent guest without informing him first.
Practical Conclusions
What is proper guidance for a guest who holds
to a stringency that his host does not? He should
(based on the Or Zarua 603) ask his host (tactfully!),
just like the Gemara concludes concerning Beit
Hillel and Beit Shamai, who argued on many halakhic
issues but retained social connections. If he
cannot ask, it is legitimate to assume that
he will not be fed what he believes is prohibited
even though his host does not.