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New York - DAF: If One is Shmad - Mourning

Published on:   December 10, 2009 08:45 AM
News Source: VIN News By Rabbi Yair Hoffman
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New York - Christians have been attempting to ensnare innocent Jews in their beliefs for close to two thousand years.  In the past, the tactics used often involved threats of death and actual murder.  At other times, the tactics involve dishonesty and religious abuse.  What if, Heaven forbid, one’s family member fell victim?  How should one mourn?

The Gemorah (111a) in today’s daf discusses the concept of “Dieyo” – and proves that it is of Torah origin rather than Rabbinic origin.  “Dieyo” is the notion that Kal VaChomers are limited and the results of a Kal VaChomer cannot exceed the parameters of the original.

The Gemorah quotes a Braisah which explains that Miriam, Moshe’s sister, was punished with leprosy.  Moshe davened that she be cured.  Hashem responded (BaMidbar 12:14)that she will be cured but not before seven days.  Hashem says to Moshe,”If her father had spit on her face wouldn’t she have to be embarrassed for seven days?” Certainly, explains the Braisah, when Hashem rebukes her she should be quarantined for 14 days! And yet, the Torah only maxed it out for 7 days – we see that “Dieyo” is a Torah concept.

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The Ohr Zaruah (Hilchos Aveilus 428) tells us of the tragic story of the son of Rabbeinu Gershom who was forced to convert to Catholicism under threat of death, but was murdered afterward.  The Ohr Zaruah’s Rebbe, Rav Shimshon, explained that Rabbeinu Gershom sat shiva for him for 14 days from the Kal VaChomer in our Gemorah here regarding embarrassment from the Shechina. 

If for someone who physically died we sit 7 days – someone who spiritually died – who adopted an erroneous form of spirituality and thus lost his closeness to Hashem – a 14 day period should be observed.

Although the Mordechai (Moed Kotton 886) and Maharam MiRotenburg (544) both rule that the halacha is not in accordance with this Rabbeinu Gershom, we must understand the view of Rav Shimshon as to how Rabbeinu Gershom derived it from our Gemorah but did not limit it to seven days!  In other words, why didn’t Rabbeinu Gershom use “Dieyo?”

It seems that Rabbeinu Gershom distinguished between the embarrassment that the Torah refers to and the notion of sitting Shiva.  He held that Shiva (at least from day 4 through 7) was enacted by the Rabbis in order to address the pain of mourning that is felt.  If that is the case – there certainly does exist far greater pain in mourning when one is spiritually shmad.  This issue would not be subject to the limitations of “Dieyo” because it addresses the pain and is not strict halacha.  That is why Rabbeinu Gershom did not stop at seven like our Braisah would have indicated.

If this explanation is true, then we have a remarkably novel thought here.  If someone both physically died and had converted to another religion – and one feels that excess pain – then one may and perhaps should act in the manner that Rabbeinu Gershom did – even though it is not strict halacha.

This edition of VINDAF VIEWS has been sponsored for the refuah Shliemah of Rachel Bas Turan ..

Sponsorships of the Daf l’ilui nishmas are also available.  For further information please email vinnews@hotmail.com


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Read Comments (3)  —  Post Yours »

1

 Dec 10, 2009 at 08:54 AM Anonymous Says:

Does anyone know anyone who sat shiva like this after Rabbeinu Gershom?

2

 Dec 10, 2009 at 09:48 AM Anonymous Says:

I was under the impression he converted on his on will and was not forced.

I have also heard that Rabenu Gershon sitting shiva is based on a mis-reading of the OZ. It did not say "RG sat shiva for his son after he converted as if he died." Rather it says "RG sat shiva for his son AFTER he died DESPITE the fact that he converted".

Are there any experts out there?

3

 Dec 10, 2009 at 10:31 AM tragic Says:

We can't fathom the extent of the poverty & persecution during that time

some say that R' Gershon sat twice, once after his son converted & once after his death - total 14 days
if this is the case - we have an instance where one sat shiva (was noheg aveilus) for a family member that is not observant - a mumar

two options-
either R' Gershons son was an ones
or
maybe
one can sit shiva even for a relative that is a mumar - kneged the accepted psak

sad, tragic & interesting

4

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