[Avodah] a troubling halacha

[kennethgmiller at juno.com]

R' Micha Berger wrote:
> It still doesn't address RZS's citation of the Chazal
> (Bereishis Rabba, quoted by Rashi Ber' 37:35, "vayima'ein
> lehisnacheim". ... Yaaqov never got nechamah during
> Yoseif's absence, and had Yoseif actually been niftar,
> Yaaqov avinu's pain would have faded. ... I have a
> problem with this Chazal as it's not born out (IMHO as
> well as RET's testimony) by experience.

I have always felt that it is not only you and RET and I who have this problem with this Chazal. Rather, I've suspected that many of Chazal feel this way too, and that's why they go to great lengths to say that Yaakov in fact DID know that Yosef was still alive.

> Perhaps the medrash is describing the difference
> between an MIA and someone who was buried; there is no
> "closure", no certainty. This requires reading "vesavur"
> (in "hachai vesavur shemeis") as being a lower level of
> confidence. Perhaps in contrast to the more expected
> "venechashav she-".

Interesting idea. I wonder if similar ideas appear anywhere in Hilchos Aguna. IOW, where there is a great deal of evidence that the husband has died, but there is no body and the wife feels this lack of closure, it could make the difference between allowing her to remarry, or not allowing. Or maybe I'm wrong. Perhaps those with more learning/practice in that sad area might offer some ideas.

Akiva Miller

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