Q&A Potpourri #3: "Negiah" Without Lust, Non-Jews With Tattoos, and More
Real questions, submitted by actual OU Torah followers, with their real answers. NOTE: For questions of practical halacha, please consult your own rabbi for guidance.
Q. We learn that one who sees the destruction of Yerushalayim says the pasuk in Yeshaye 64:9. When did this become halacha?
A. Thanks for your question. The Talmud (Moed Katan 26a) attributes this halacha to Rabbi Elazar, who lived in the second century, so I'd guess then (though it could be earlier if Rabbi Elazar was relating a halacha that he received rather than originating it).
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Q. Why are non-Jews allowed to tattoo themselves?
A. There are 613 mitzvos; non-Jews are only obligated in seven. This means that there are 606 mitzvos that only apply to Jews. This includes Shabbos, keeping kosher, putting a mezuzah on the doorpost, and not tattooing. So the overwhelming majority of mitzvos only apply to Jews, which makes sense. (If they applied to everyone, there wouldn't be much point in having a separate religion!) I would say that the reason this particular mitzvah doesn't apply to non-Jews is because the seven universal ("Noachide") laws are necessary for building a just society. Tattooing isn't an impediment to that.
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Q. G-d is omnipresent, so why didn't he just find Adam and Eve in the garden instead of calling, "Adam, where are you?"
A. God knows all but He sometimes asks us questions to give us an opportunity to respond properly. For example, He asked Cain where Abel was, and Abel denied knowing. We see that of course God already knew but He was giving Cain an opportunity to confess. Along these lines, the commentator Rashi explains that Adam knew He had done wrong and was terrified of getting into trouble with God. Rather than suddenly appearing to Adam, God eased him into the conversation, giving him an opportunity to be upfront about what he had done rather than putting him on the spot. (See Rashi on Genesis 3:9.)
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Q. Are those of Ephraim who miscalculated and left Egypt before the exodus still Jews and part of the covenant even though they were not at the Sinai national revelation?
A. It's an interesting question but the answer is largely moot because those who left early were almost all killed by the Philistines, so they're like any other Jews who died in Egypt before the exodus. A handful did survive to tell the tale and they returned to Egypt, so they either died in Egypt or lived to leave with everyone else thirty years later. It's not like the refugees from Ephraim founded a Jewish colony separate from the rest of the nation in Egypt.
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Q. Can I touch people without sexual desire?
A. Thanks for your question. The Torah says that a king may not have too many horses because it will cause the people to return to Egypt, and he may not have too many wives because it will cause his heart to stray. King Solomon, the wisest of all men, thought, "Okay, I can have as many wives and horses as I want, I just have to make sure my heart doesn't stray and the people don't return to Egypt." He failed in both of these goals because, as smart as he was, God is still smarter. The mitzvos apply to us all, even if we think they shouldn't.
Similarly, a man may not hug a woman hello (or vice versa) even if we justify it as non-sexual. The Torah prohibits affectionate forms of contact. The "what" applies to everyone even if we think the "why" shouldn't. (This doesn't include non-affectionate contact like doctors, dentists and lifeguards in the performance of their professional duties.)
Rabbi Jack's latest book, Ask Rabbi Jack, is now available from Kodesh Press and on Amazon.com.