[Avodah] [Areivim] piskei halacha

[Chana Luntz]

RET wrote:

> > Many have quoted his psak that ashkenazim in EY should in general
> > follow the Mechaber.
> >

And RSM then questioned:

> I have seen this "quoted" many times recently on Avodah/Areivim, but I
> don't recall reading it anywhere in ROY's teshuvot. He frequently cites
Maran
> HaBeit Yosef as "mara de'atra be'eretz yisrael", but I don't know of
> anywhere where he says that Ashkenazim should follow him against their
> own minhag avot. Can someone give a citation?

I am responding on Avodah, given the citations.

What ROY actually says, in his klalei hahorah at the end of the first volume
of Yachavei Daat in klal 10 of the klalei Maran Shulchan Aruch is:

Ashkenazim who are lenient in Eretz Yisrael like the opinion of Maran,
against the opinion of the Rema, they have on what to rely [yesh lo al ma
l'smoch].  But in any event it is correct that they should conduct
themselves in Eretz Yisroel like the opinion of the Rama.

The citation there is given to Yabiat Omer chelek 2 chelek Orech Chaim siman
37, but I think it is a misprint and the citation should be to chelek 5
chelek orech chaim siman 37, as there is no siman 37 in chelek 2, and the
siman chelek 5 is right on point.  It also says see Chelek 5 chelek Yoreh
Deah siman 3.

Note this this particular klal though is only discussing chumras of the Rema
(in the case of the teshuva in chelek 5 chelek orech chaim siman 37, the
substance of the discussion is kitniot on pesach).  Where we are discussing
chumros of the Shulchan Aruch over the Rema (which is what is at issue in
chelek 5 chelek Yoreh Deah siman 3, notably glatt meat), then he appears to
be suggesting that indeed Ashkenazim in Eretz Yisroel should be strict like
the Shulchan Aruch.

Note by the way with regard to the topic we are discussing on Areivim,
namely sheitels, there is yet another issue involved.  If you hold that the
issue of a married woman going out with hair uncovered has to do with issues
of ervah, rather than some sort of chok that devolves upon the woman, then
at stake is not (or not just) what the woman does, but what is seen by the
onlooking man.  Assuming that in Eretz Yisroel that women is going to be
seen by Sephardim (and somebody cited a statistic that 60% of Jews in Eretz
Yisroel are Sephardim), then arguably, even if one did in general regard
oneself as not poskening for the other community, one might feel it
appropriate or compelled to do so in this case, to prevent one's own
community from sinning.

Oh and to answer yet one further question that was raised on Areivim, ROY
clearly does believe that sheitels are a step up from no hair covering at
all, as that was his solution in Yabi'at Omer Chelek 4 Even HaEzer siman 3
for a young woman who is a widow or divorcee  on the grounds that as she was
not a married woman, there was room to be lenient and to permit a sheitel in
a case of great need (but unlike Rav Moshe in Iggeros Moshe Even HaEzer
Chelek 1 siman 47, he was not prepared to go as far as permitting a widow or
divorcee to go bareheaded in a case of great need).

Gmar Chatima tova

Chana