Tuesday, July 30, 2013

Pesachim 26 – Incidental pleasures

Consider a case where one is planning to do something permitted, but an additional forbidden pleasure comes his way in the course of it. For example, he plans to travel to a certain destination, but on his way, there is an idolatrous temple, from which there comes a fragrant smell of idolatrous spices. (Of course, we are not talking about a case where he intentionally inhales to enjoy the smell, but rather he is just passing by, and it fills his nostrils anyway). Should one avoid this nevertheless? Abaye says it is permitted, and he need not avoid it, but Rava says that it is prohibited, and one must avoid it.

Let’s take a closer look at the circumstances. If he can avoid the trip altogether, while he enjoys the smell, all agree that it is forbidden. Even if he cannot avoid the trip but still enjoys the spices, it is still forbidden. On the other hand, if he must travel on this road and does not intend to enjoy it, all agree that it is permitted. They only argue when he cannot avoid the trip and does enjoy the smell: according to Abaye, it is permitted, but Rava will require him to either avoid the trip or stop enjoying the smell.

The Talmud compares this to laws of Shabbat, of Temple repair, of the priests’ vestments, and of a red heifer, and finally refutes at least one version of Rava’s view from the sales of shatnez, as this. The sellers of shatnez are allowed to put the clothes on, as long as they don’t intend to warm themselves with them.

Art: The Spice Shop by Paolo Antonio Barbieri

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