[Avodah] RSRH: A Time-Honored Jewish custom

[Michael Kopinsky]

On 12/3/08, Ira Tick <itick1986 at gmail.com> wrote:
>
> I actually wondered recently how Eliezer did not violate the rule that a
> man must see his intended before kiddushin can be made.  I am of course
> assuming, and could be very wrong, that when Eliezer gave her the rings, he
> was acting as a shliach for Yitzchak to affect kiddushin on his behalf.


I would like to see discussion somewhere on whether giving those rings was
kiddushin.

But even if they were, and Eliezer did indeed violate the rule, so what? Is
Eliezer bound by a rule in the Gemara which is either advice or at most a
d'rabbanan? Yes, it's important advice based on Chazal's knowledge of human
nature, but is it absolute? No.

This reminds me of a conversation I had with someone a while back about what
it was that Eliezer did when Avraham told him "Sim na yad'cha tachas
yereichi." According to many meforshim, Avraham told him to hold the milah
as a chetfza shel mitzvah, similar to how in Halacha, litigants are told to
hold a sefer Torah or tefillin while making a shevuah. "Ah," he asked, "but
we know that it's assur to touch one's eiver, how could Eliezer have done
that?"

His mistake was taking a d'rabbanan harchaka that he knew l'maaseh, and
assuming it was universally true. I wonder if you're making the same
mistake.

KT,
Michael
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