[Avodah] schechtworthy

[Zev Sero]

Chana Luntz wrote:

> However The Shulchan Aruch siman 115 si'if 4 after stating like the Rambam -
> ain kofin oso l'hotzeia adds mikol makom mitzvah alav shyoziena (and note
> that the Rema says that the takana of Rabbanu Gershom that she cannot be
> divorced against her will does not apply here).
> 
> It is also interesting to note that the Rambam in 24:16 is explicitly
> talking about a woman who is over on daas Yehudis *and* daas Moshe.  On the
> other hand, this Shulchan Aruch is brought at the end of the si'if on daas
> Yehudis, and it is not at all clear to me that he is necessarily applying it
> to the daas Moshe situation.
> 
> And, in many ways it is hard to see (leaving aside the hair covering case)
> how a man who wants to be shomrei mitzvos can remain married to such a
> woman.

But I thought we were discussing precisely the case of hair covering,
which isn't like the other examples.  Her going out with uncovered hair
seems to me more like her eating treif, rather than feeding him treif;
and we don't find that listed among the Das Moshe issues that justify
divorce.

If she had actually been machshil him once then the only way I can see
that he might not have to divorce her is if he's personally convinced
that she won't do it again.  If it were a strict requirement that he
divorce her, then we would not allow him to rely on his own judgment;
the point here seems to be that he is entitled to judge the situation
as he sees it, and stay with her if he thinks he can do so without
transgressing any more issurim.


-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas