web analytics
September 21, 2014 / 26 Elul, 5774
At a Glance
Judaism
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



Q & A: Ayin Hara (Part I)


QuestionsandAnswers-logo

Question: I know there is a dispute in the Gemara regarding ayin hara, the evil eye. Can you discuss the origin of it?

Ben Glassman

(Via E-Mail)

The Halacha: The Mechaber (Choshen Mishpat 267:18) rules: “If one found a wool garment he is to shake it once in 30 days [as long as it is in his safekeeping pending its eventual return to its rightful owner], but he should not shake it by means of a stick [i.e. by hitting it] nor should it be done with two people holding it. He should spread it on a bed only for its own need but not for its need and his need. Should he happen to have guests, he should not spread it, even for its own need, for perhaps it will be stolen.”

The Discussion: The above halacha is based on a mishnah (Bava Metzia 29b). The mishnah states: If one found a garment, he should shake it once in 30 days. He should shake it for its own need but not for his honor (benefiting from both its beauty and utility – to use it as a bedspread or even a wall hanging). The Gemara (infra 30a) states that if shaking it helps the garment and him at the same time, it is permitted. Indeed, the Gemara notes that if he spreads it on a bed or on a frame, it is prohibited if he does so solely for his own need but permitted if he does so for its need (in order that it be aired out properly). However, if houseguests arrive, it is prohibited because of ayin hara or possible theft.

The Rambam (Hilchot Gezela v’Aveidah 13:11) codifies this halacha and explains that someone who finds a lost object is required to examine it in order that it not become destroyed due to lack of use, as the verse states in Parshat Ki Teitzei (Deuteronomy 22:2): “Ve’im lo karov achicha elecha velo yedato va’asafto el toch beitecha ve’haya imcha ad drosh achicha oto va’hashevoto lo – If your brother is not near you and unknown to you, then you are to gather it into your house and it shall remain with you until your brother inquires after it and you return it to him.” It states “and you return it to him,” which means take care of it and keep it in returnable condition. How so? If one found a garment of wool, he should shake it once every 30 days but not with a stick nor together with someone else. He may place it on a bed for its need but not for its need and his need. If houseguests arrive he is not to spread it out before them lest it be stolen.

We see that both the Rambam and the Mechaber cite only the Gemara’s second reason – fear of theft – and make no mention of the Gemara’s first reason – fear of the evil eye.

The Aruch Hashulchan (Choshen Mishpat, Hilchos Hashavat Aveidah 267:11) similarly cites the halacha, but he adds that the founder may leave it spread out when guests come if he knows they are people of integrity since there is no concern for theft or an evil eye. Thus, we see that an evil eye is perhaps a matter of concern.

Indeed, the Bach to the Tur (C.M. ad loc.) explains that the Rambam and the Mechaber only mention theft and not ayin hara because the former concern is easier for the general populace to understand. (The Rif and the Rosh mention both reasons of the Gemara in their codification of the halacha.)

Thus, without a doubt, the evil eye has halachic ramifications.

(To be continued)

 

 

About the Author: Rabbi Yaakov Klass, rav of Congregation K’hal Bnei Matisyahu in Flatbush, Brooklyn, is Torah Editor of The Jewish Press. He can be contacted at yklass@jewishpress.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Q & A: Ayin Hara (Part I)”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
ISIS seized control of Quneitra, at least temporarily, towards the end of August 2014.
Israel Watching Northern Border with Syria, Lebanon
Latest Judaism Stories
Hertzberg-092614

Perhaps the most important leadership lesson Elkana taught us is to never underestimate the difference a single person can make.

Teller-Rabbi-Hanoch-NEW

“he’s my rabbi” the Black painter said with pride, pulling out a photo of the Rebbe from his wallet

Rabbi Avi Weiss, head of theYeshivat Chovevei Torah. Rabbi Asher Lopatin will be replacing him as head of the school.

The Torah notes that even when we are dispersed God will return us to Him.

Rabbi Sacks

Simply, for Rambam the number 14 (2×7) was his favored organizing principle.

One of the cornerstones of our Jewish life is chesed, kindness. Chesed can only be taught by example

Our understanding of what is and what is not possible creates imagined ceilings of opportunity for us.

This young, innocent child gave me a powerful, warm surge of energy and strength.

The Chafetz Chaim answered that there are two forms of teshuvah; teshuvah m’ahava and teshuvah m’yirah.

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

A Role Reversal
‘Return, O Wayward Sons…’
(Chagigah 15a)

When the Kleins returned, however, they were dismayed to see that the renters did a poor job cleaning up after themselves.

In Parshas Re’eh the Torah tells us about the bechira to adhere to the commandments of Hashem and refrain from sin. In Parshas Nitzavim, the Torah tells us that we have the choice to repent after we have sinned.

As Moshe is about to die, why does God tell him about how the Israelites will ruin everything?

Jonah objected to God accepting repentance based on ulterior motives and likely for short duration.

This week’s parsha offers a new covenant; a covenant that speaks to national life unlike any other

More Articles from Rabbi Yaakov Klass
Questions-Answers-logo

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

Question: The Gemara in Berachot states that the sages authored our prayers. Does that mean we didn’t pray beforehand?

Menachem
Via Email

Printed from: http://www.jewishpress.com/judaism/ask-the-rabbi/q-a-ayin-hara-part-i/2011/11/24/

Scan this QR code to visit this page online: