Hilchos Tevilah: Dental Fillings, Crowns, and Temporary Dental Work as Chatzitzah
Original title: 2) Nida chatziza.MP3
We look, be'ezras Hashem yisbarach, we're going to talk about a topic which is me'od shachiach. It's very common, and it comes up a lot. And there's a big issue, controversy, tumult about...
- Speaker or source
- Archive
- Category
- Halacha
- Subcategory
- Yoreh Deah
- Sub-subcategory
- Niddah Taharas Hamishpachah
- Duration
- 0:46:41
- Recording year
- 2007
Transcript
We look, be'ezras Hashem yisbarach, we're going to talk about a topic which is me'od shachiach. It's very common, and it comes up a lot. And there's a big issue, controversy, tumult about the shaylah, and that is: a woman, when she goes to the mikvah, she has to make sure there's no chatzitza, fillings in the teeth, do they make a chatzitza? Fillings in the teeth, are they a chatzitza? It's a foreign object. It's a foreign object. When you have a foreign object, becomes a shaylah of chatzitza. Bishloma the guf, so anything that grows on the guf, and anything which is attached to the guf, which is something that you need as part of the guf, that anochi becomes the guf. Fillings, are fillings shayach to say that it's part of the guf? Now, l'choira, would you have a shaylah if a woman needed a surgery to put a pin in a bone? Let's say she cracked a bone. Today's procedure is that they put a pin, or any other instrument that's put in the body. Would you have any other safek? Would there be a safek in your mind? No, of course not, because batal to the guf. Tell me, hotzaah with every issur hotzaah? Of course not. It's batal to the guf. It's chelka of you, and there's no sugya, right? It's inside. It's inside. It's not the inside; it's the batel laguf. You know, I'll tell you how far this din of batel laguf goes. A person who is zaken, a person who's a zaken, an older person, he needs a cane. Is he allowed to walk with the cane on Shabbos? The Torah says it becomes a chelek of his guf. He's allowed to walk with a cane on Shabbos. Someone who always walks with a cane on Shabbos, it's his foot. You knew that? This becomes a part of you. So kol shekein, the kol shekein, a utensil, davar shemachnisim b'toch haguf k'dei shehaguf yitafked tov uvivriut, vadai batel laguf. If in Hilchos Shabbos we see that a cane which you hold in your hand is batel laguf, how much more for sure if a woman, or for that matter a man, but we're talking about chatzitza for mikvah for a woman, if they have something which is l'tovat, l'tzorech haguf, and it's in the guf, halachah is kama v'kama. Does everybody agree to that svara? It's a svara peshutah. And therefore, when you have a filling in a tooth, there shouldn't even be a makom l'histapek. There shouldn't even be what to discuss. Why are we discussing it? First of all, let me tell you that there's a Binas Adam, which is a Chochmas Adam that's mechadesh that fillings in teeth are a chatzitza for a woman. That's it. This is where all the trouble starts. Trouble started in Vilna. In Vilna it started, because the Chayei Adam lived in Vilna, and he wrote his Chayei Adam when he was in Vilna. So the trouble for fillings dates back to Vilna. That's where the problem started. Okay. Isn't it chatzitza because of a woman she mitbayeshet go outside with this? Kan nireh that she's not mizbayeshet. No one knows the difference if she has a filling. That's what I'm saying. A filling, how can it be chatzitza if she doesn't care about it? How could it be a chatzitza if she doesn't care about it? Right. And, like, she can go to the wedding too with this kind of fillings. Okay. Now let me explain to you that that's only lechatchila, b'di'eved—I'm sorry, that's only b'di'eved. Lechatchila, l'ma'akev even on a mashu. The question is, should a woman who has a filling, is that a hakpada, like makeup, not to go?
Discussing bediavad. Hagan, the Chochmas Adam, the Chayei Adam are discussing bediavad. He talks in bediavad, but I'm telling you the shaila could be nogea even if you don't want to say it's bediavad. Could they take out these fillings? That's what we're going to have to discuss. See, this is the discussion. First discussion is real, actual, full-fledged, strong fillings. Then the discussion becomes: what happens if it's a temporary filling? What happens if the filling isn't right? What happens if it's not a filling in the tooth, but it's a cap on top of the tooth? What happens? It's a bridge. All right, all these type of things. Crown. You want to show off braces. Give me one more example. Bite plate. פה הוא קבוע, ובטל. פה לא קבוע. אפשר להוציא. ויוציאו את זה, and they're going to take it out. לא, לא, לא מתבטל, יכול להיות. It's possible. We're going to discuss all this. This is the topic for today: fillings, temporary fillings, crowns, braces, are they a chatzitza? So like I explained to you, the first thing that goes to your mind: how can all this be a chatzitza? How can this be a chatzitza? It's part of the guf. She needs it for the guf. The answer is the Chayei Adam, because the Chayei Adam tells me that fillings are a problem. It's a zar, it's a thing from not the body, and it's not—let's use those words—it's not supposed to be there. Mainly, it's a problem of chatzitzah. Comes along R' Moshe in the teshuvos. He says, you know what the pshat is? He had a bad dentist, the chayal. That's the pshat in the story. In those days, he says—well, he doesn't use those words, but R' Moshe does actually say here that the fillings of those days are different. First of all, R' Moshe says even if it wasn't different, he argues with the chayal. He says, I don't agree with the whole chayal. The whole premise is not right. Like I explained to you, she wants it there; it's part of her body. What's the difference? Good feelings, not good feelings. But even according to the chayal, says R' Moshe in the teshuvos, today is different. The fillings of today, even the chayal would be maskir that it's good because it's done well. It's done well. It's straight. It's good. Meila becomes part of her l'olam and finished, and that's the end of the story. According to R' Moshe, what happens if it wasn't done well? What happens if she has a crown—I'm sorry, not a crown, a filling—and the dentist, don't tell my wife I spoke about this, but the dentist didn't do it properly and it's sticking out and it's hurting her when she eats? Oy, defes. What happens if it's not smooth? It's not 100% attached properly. What happens if it's not straight? What happens if it hurts her? What happens if it's not in the tooth, it's on top of the tooth? We're not holding there. We're not holding there. Slow. Trying to get to the bottom of Rav Moshe's teshuvah. Mah hasof halachah lefi Rav Moshe? It's not clear. Rav Moshe just says that our fillings are good today. If it's not, and if it hurts her, if it hurts her, she definitely doesn't want it there. Each case I gave you is one case less, less, and more of a problem, right? It's a little bit extra. What happens if it's not straight? It's bichlal not a good filling. It wasn't done well. What happens if it hurts her? So she definitely doesn't want it there. What happens if it's not in the tooth, it's on top of the tooth? Is it worse? Many poskim say that that's worse. If you're going to be matir with a filling, yeah, but not if the filling, sometimes they put it like on top. They put a smooth thing across the whole top. If you notice...
You have two types of fillings. You have fillings in the tooth, and you have fillings that cover the whole top. I'm not talking about temporary; I'm talking about something else. Even in fillings, there's fillings in the tooth, and then there's fillings which you cover the top of the tooth. It's from mercury. Forget it. It's a milah. It's a whole different thing. Now, what happens if it is a temporary filling? Most poskim don't pasken like the Chayadam. Most poskim say Chayadam is not l'maaseh. The real discussion becomes in the temporary fillings. That's where the real discussion becomes. So even on this, R' Moshe holds, in the same teshuva over there, divrei maschil v'hinei, R' Moshe writes that even a temporary, she wants it there. היא רוצה את זה. So what's wrong with temporary? So what? היא רוצה את זה. She wants it there. Because it has to do with makpid. You have to understand, the chatzitzah, the יסוד of chatzitzah is with makpid. So she's not makpid. More than she's not makpid, it has to be there מצד רפואה, so she's happy with it. It's supposed to be there, says R' Moshe. He holds that it's not a problem. The whole issue of making a temporary filling—and they all do, you should know, all the women, they come to the dentist, Oh, my rav, my this, I'm not allowed to. Please, don't make me the temporary; make it later, I have to go to mikveh. It's such a big story in the dentist. אבל למה שלא תגיד שהיא כן מקפידה, כי הרי אם לא יהיה טמפרטורת פילינג, אז הימים עד שיהיה הקונסטנטלי פילינג, אישה אוהבת להיראות טוב, אף היא שלא הולכת עם חור ונראה לה לא טוב. אף אחד לא רואה את זה. אם הקפידה... השאלה היא נכון. אם זה לא ממש מאחורה, ואם כן רואים, ואם זה מקדימה ויראו חור... אבל היא רוצה את זה יותר מלהיות החור, what do you mean? I mean, she went to the dentist to put it in, what do you mean? אבל אם הקפידה לימים האלה ש... אבל כנראה שהיא רוצה את זה, no? I mean, you see that she's... אם היא עושה את זה, אז היא עושה את זה worse. No, and if she רוצה את זה, זה לא מקפיד, זה טוב. מאחר שהיא רוצה, she wants it to be there. אז אי אפשר... מקפיד שלא רוצה שזה יהיה שם, I don't want it there. מקפיד is כשאני לא רוצה. אז למה make up זה... לא רוצה, מי רוצה? אה, זה שזה דיברנו. זה מקום להתיר make-up, זה מקום גדול להתיר. היא רוצה את זה. אבל הפשט... אבל אם we have rubo, you can't say אינו מקפיד. Because it's not rubo, it's mi'ut. Only if it's mi'ut, it depends on her... Right, so that's what I'm trying to tell. The make-up is... Because mid'oraisa it's only rubo shemakpid, and then regarding the rubo she'eino makpid, then we have mi'ut she'eino makpid. Whatever it is, mi'ut she'eino makpid, we ask her. No. לפי עיקר ההלכה, מיעוט ואינו מקפיד מותר. But today we're machmir even mi'ut she'eino makpid. מתאמות, they're scared she becomes... Nothing, you don't do it. You go, it's a heter, makpid, eino makpid. You want it to be 100%. אז מקפיד זה אומרת שהיא לא רוצה בחצי הזה. היא לא רוצה... Right, היא לא רוצה. If you asked her, she would have taken it off. She doesn't want it. This, she wants it. She put it there. She's happy that it's there. What's the difference between a cast and a filling? She also wants it there. Cast and a filling. Temporary, whatever, but she wants it there. Did they go there? Probably. Okay, so the answer is very, very, very simple. Two things. I'm not even so sure that she can't go with a cast. Who said she can't? You decided that. No, no, I'm asking. I'm saying, I'm asking the same thing. But it's not exactly the same thing. I'll tell you why it's not exactly the same thing. Because she wouldn't want it there. She only wants it because of... She doesn't want the cast there. It's a temporary filling. It's a very big difference. The temporary filling is the same as a regular filling, just it's temporary. There's nothing wrong with a filling. Everybody has fillings. The only thing is that, poof, that particular filling happens to be that it's not going to be there for a long time. Mashenkin, the cast, she doesn't really want it unless for the refuah. It's a little, little different. The temporary filling, yeah. If the plastic, some temporary... That's what we're talking about. The first thing we're talking about, the filling is inside the tooth, temporary.
So R' Moshe says temporary fillings is not a problem. You're talking about now a cap on the outside, which is temporary. Probably a problem, of course, unless there are people who do that, the plastics. Unless it's a normal thing to have a plastic. Okay, so let's see a little further. Does it make a difference? Since it's re'ui, since it's fit for her to open her mouth and water would go in. So re'ui, kol ha'ra'ui sheyavi sham mayim is not. So when do you go into an open mouth? To the stomach also. So this is a very big nidon halacha. The Beis HaSterayim is also a chelek where the tevilah has to go, or it has to be re'ui. And the Teretz says, ma she'ra'ui, ra'ui; ma shelo ra'ui, lo ra'ui. Whatever goes after that, then it's not. Woman after giving birth. Yeah, but I don't think we have to come on. That's a big nidon. It's a Chazon Ish. It's not. It's not. The Chazon Ish, the pshat is that since technically it would be ra'ui for it to go in, so therefore it's fine, as long as she doesn't close her mouth. I mean, her mouth could be open and the water could go in. Mash'ein kein, others say that at a certain point where you taka don't need the water to mikveh. So it's a re'ui machlokes. It's not really negeia. Inside, inside your mouth. It's negeia to chatzitzah, meaning if someone has something on the inside of the body. Yeah, like they put stitches after giving birth, they put in stitches. Same thing like filling. No, it's different. No, I don't know. I never went into it. This stitches is going to be chatzitza or no? Stitches would be a chatzitza inside of her, like in prasdor. Where is that? Problem. Why? But this is inside. She's not makpid. That's the question: it might be. Even if it's not makpid, you're not supposed to— if it's temporary. Yeah. The stitches are by themselves. It could be different. It could be by some, maybe it's not a problem, because... Okay, we're going off on a tangent. Let's go back. Same thing, no? Now this is the regular world, but there's a whole world that does not allow fillings at all. The Briskers, they hold that the fillings are chatzitza, and therefore Brisker women don't put fillings. And then there's a whole Bnei Brak, based on the Chazon Ish, temporary fillings, no problem. So it's machlokes, two great giants. Rav Moshe said, Eh, leave it alone, it's no problem, while the Chazon Ish brought down the Chut Shani of Karelitz, speaks about it, the Chazon Ish was makpid on a temporary filling. Not the kavua. Kavua, whatever, I told you, nobody really... Only Briskers are the only thing, they have a shigas. They lose all their teeth, you know, all the Brisker women, they lose their teeth. Seriously, Rebbetzin Feinstein... they lose all their teeth because they don't go to dentists. No, it's not easy to be a person. How do people put feelings? They don't. They don't. They have feelings, that's all. They don't have that either. The kitzur. So pasuk would come and say, temporary is no good. What's called temporary? I mean, what are you... Maybe they put in a cap, and they cap it for four months. Maybe that's temporary. What amount of time is called temporary? אבל מה דעת... אתה רוצה להוציא את...
אז בוא נפתח את זה. How long does it have to be? כמה זמן? So the poskim say seven days. Halacha of seven days. Oh, so I was—where does it get it from? ... That's what I wanted to ... Where does it come from? Where is it from? שבעה ימים. ... they wanted to warn you it was every seven days. You see, there's a time frame of seven days. How do you know seven days? So I want you to know ... פוסקים המקובל זה שבעה ימים. יש אומרים שלושים יום. Meaning, when does it go from seven days permanent? That's called permanent. Those, if you know that it's going to be there for seven days and it turns into a permanent thing, then it's no problem. So I'm taining, I hold that it comes from ... notes that. Notes that. ... from Monday to Thursday. ... למעשה, למעשה. ... באיזה דעת, לרופא put it in, how long? ... שבעה ימים ... and once ... What do you do to root canal? That's good for a temporary. That's good for a crown. What about a root canal? Root canal is from Monday to Thursday. They put you in a temporary from Monday to Thursday. And let's say they made an appointment. And it's no problem. If it's after 30 days, it's no problem. You see, that's what I want to talk about. I want to talk about something. I had a different shaila. I always clarify this. What happens if she comes, she doesn't know nothing, I don't know anything. The doctor makes a cheshbon, I want to give her four days, five days, six days. But me, I'm nothing. You put it in, I don't know. I wasn't thinking to take it out. I'm asking it should be there. Do we go after the metzius or do we go after the das? What happens if she has no das? Maybe. Is that true? Maybe. Could you show me where it says that? I'm telling you. You're right, but I'm asking you, and you have a raya for that. So this is my shaila. The meilah, my next shaila was, what happens if she doesn't want it? And the doctor says, listen, I don't have office hours for the next week or so. So she's going to be there, even though she, as far as she's concerned, she doesn't want it. It's the same shaila reverse. I'd rather hold it shouldn't be a problem, because l'maaseh it shouldn't be a problem, because l'maaseh it's going to be there for seven days, but it's the same need. Okay, so one more time. Let's chazer what we just learned, okay? Let's get clear. The Moshe says, Eh. The whole thing is eh, all right? According to the Chazon Ish, if it's more than seven days, it's good for the... Yes. Heel seven-thirty. Seven. Everybody says. The Vilna Gaon says talks about thirty days. It's an extrastralus. The big machmirim about this. It has to be the thirty days. Pashut it's seven days. The Acharonim, that everybody that says stima is not good, it's seven days. Seven days has to do with a little kavua, with Shabbos, with taanis, with ksharim, and it has to do with these type of things. Shabbos l'Shabbos, right? ... Can? Yeah. The doctor said it's twelve days, but it came before. It came within. Now, it's twelve days, but now he does it less than twelve days. Before it was... Who asked the question? I asked it. That's what I asked. That's what we're asking. So let's bring the yeshiva to Eretz Yisrael. But...
This is my mida. Okay, now. I saw that the Nishmas Avraham, Dr. Avraham Steinberg, you know, Steinberg wrote a very nice sefer on refuah and halacha, very nice sefarim. So he quotes a lot Reb Shlomo Zalman. So he says Reb Shlomo Zalman held that if it's a filling in the tooth, seven days. And if it's a filling on top of the tooth, which means it's sticking out of the tooth, then it's thirty days. I don't know what the difference is. I'm not sure exactly what. Inside the tooth, seven days. Outside, if it's not בתוך the tooth, thirty days. Fifty-third Street, where we go, by [unclear], three days. Seven days, three days. Now I'll tell you the truth. What is the shortest time frame, huh? I don't know, is it? By learning, by Torah, we don't want it should go פחות than that. Give me the time frame of thirty days. Stam aleph, zuz shel shniyim kevuah. This is a tremendous lomdishe shiur, which you'll work out on your own. I don't want to talk about it because it'll take forever. When do we say kvius is thirty days? When do we say kvius is seven days? When do we say kvius is three days? You know, there's a chazakah. It's three days, huh? Three. The zman of three. בְּעוֹד שְׁלֹשֶׁת יָמִים, יִהְיֶה פָרֶשׁ רֹאשֶׁךָ. Huh? It's interesting. I don't want to go into it. I don't have time. I don't have patience for it. You'll figure it out yourself, each to his own liking. I'm just showing you that the poskim are being done what's called kvius, to make a temporary into a permanent. Thirty days, seven days, forty days. Now— And when we say thirty days— We can talk about that. Wait. I know what you're saying. Okay, now, there's a sevara that a root canal, a temporary filling, is better than a cap. When they put a cap, so they put a temporary cap. Why is better? The root canal is the nerve. They go all the way down into the nerve. They kill the nerve. It's open. Now they put medicine. When they put a root canal, they put in medicine. It could be a sakana if food gets in there. Food gets in? I heard this from a big posek in Eretz Yisroel, that they hold that if the stima is there with a real tzorech, so the tzorech isn't temporary. Tzorech is the stima now. It's not a stima temporary till then. Ha-tzorech shel ha-stima zeh achshav. It becomes a permanent. It becomes a permanent for this matzav, even though it's a temporary. That's right. I like it. You know what it is? When I heard this, it was a havanah from a poisik. A havanah from a poisik, where the temporary filling is a must. Not that it's temporary till you fill in the other one. Because the truth is, it's not a temporary till the other one. It's now to make a siman. It's now a tzorech. Because now it's a sakana if it's not there. So meileh it's called a tzorech, and it's not called a chatzitzah.
Lemaaseh, different poskim issue seem a little different. Some say that even a ma'isa depends on if she could eat. If she could eat with it, it doesn't bother her, therefore there's no chiluk between the stima, temporary, not temporary, she doesn't know it's there. This is the opinion of Reb Yankiv. I think maybe even heard from Reb Elsky on one of the tapes, maybe. I heard this once, pshat Reb Yankiv, that if she can eat on it, then even a temporary filling. And that's how the Litvisha, the Litvisha are very, the Chassidish are very, very makpid. The temporary fillings, the Chassidish women come. Peshutai, I do want to tell you, though, that even the Litvish about, even in the lit... עולם עליתא איש לא מקפידים, Reb Moishe, but rak b'di'eved. Lechatchila, you shouldn't, they say you shouldn't take appointments seven days before the mikveh, because in case he puts you in a temporary filling, you'll have a filling temporary by the mikveh. So if it was, it's one thing, but b'di'eved, lechatchila it's better not to do it. Like I told you, chsima very much. If they have temporary fillings, they don't go to the mikveh, and the shaila is what's temporary, three days, seven days. Let's clarify another shaila. Does it mean seven days after the mikveh, or seven days period, three days before the mikveh, three days after? Is it pshat, b'shaas the tefillah it has to be there for the next seven days? What's called the shivah yamim? Or bichlal is it b'shivah yamim? So let me hear. First of all, let's speak the lomdus. Who wants to be a lamdan? Because there's a machlokes haposkim. Some say seven days, period. Some say it has to be seven days after the mikveh. Machlokes in the reid poskim. Okay, let's hear the lomdus. What can be the lomdus behind it? If you're trying to make the filling a kavua, so as long as it's seven days—what if it's when you go to the mikveh? It's really not a gate, right? But if you want that b'shaas the tefillah, is this a chatzitza? Anything that you're going to take out within three days from it, this is a chatzitza. Are you being dan the chatzitza, or are you being dan the filling, is it kavua or zmani, or temporary? אם אתה רוצה לדון על הסתימה עצמה, לעשות אותה מזמני לקבוע, אז לא חשוב מתי הולכת למקווה, לא נוגע. כמה ימים שזה, אם זה שבעה ימים, אז זה שבעה ימים. אבל אם הנידון הוא מצד החציצה שקרה, בוא נגיד אם יש חציצה, אז אם זה יישאר שמה שבעה ימים, יכולים להגיד שהיא הלכה עם משהו קבוע. Then she wore it for seven days before the mikvah. No, she wore it for seven days after. So it's kavua. אין לה חסר. But what about if she has it for the second time around she has to go to the mikvah? Does she have to keep it for another seven days after that, or is that enough to take it off a day later? And I want to tell you further, this is brought down already. I know the very machmir is not to go to the dentist the day after. Why? You go to the mikvah, even according to a meishich, you can have the stima, so the posek can tell you, but don't go the next day to take it out within 24 hours, to show you that it's temporary. You see that there's two nidonim. There's one nidon: should we look at it what it is, or should we look at that what was your daas when you go into the mikvah, to keep it or not to keep it? אם זה תלוי בדעת, אז בפשטות, שגם אם זה שלושה ימים לפני מקווה, אחרי המקווה, כי אם בדעת, היא חושבת... לא, אם בדעת היא חושבת להוציא את זה מיד. לא, אם בדעת חושבת להוציא את זה אחרי שבעה ימים. I'm saying, if it's תלוי... come and say, what's... I mean, it's not what she thinks. And this goes back to the original shaylah. It's not a question of what she was thinking.
To take it or not to take it. It's a question of what it is, so it's all תלוי in the doctor. I'll tell you what she was thinking. That's why I want to taina. I'm not sure how to deal with her daas to be makpid, or to the metzius of what it is. Should I go to the sugya of stima, what she's thinking, or should I go to it, what it is? Is it or isn't it a kavua or not a kavua? You with me? ... That's what we're dealing with. I don't ברור. You can מסתכל on two sides. You can look at the metzius. What is it? Is it a stima kavua or is it a stima zmani? לעשות מזה זמני, אם זה קבוע... I'm sorry, לעשות מזה קבוע, אם זה זמני, לשבעה ימים זה קבוע, right? So it's, מה חשוב אם היא הולכת למקווה באמז or she doesn't? It has nothing to do with the metzius. It's a question of the facts: is it a seven-day thing or not? Oy dilma, it has to do with when she's planning to take it out. Something that in her mind is not going to be there, it's going to be taken out soon, so she's going with the hakpadah that it's not supposed to really be there. So I'm explaining to you, so what happens if the pshat is that she's thinking she'll take it out within the next three days? So that's called זמני. Right now she's thinking this thing is not here for—it's only here for three days. It's not here for a long time. If you're clarifying what the metzius is, is it a temporary... so it doesn't really matter. It doesn't really matter where she's thinking. It's a shaila in metzius: what is it? And then the same thing would be with the doctor. What is the doctor? The doctor put it in for this or for that; depends what he did it. But if it has to do with that she's makpid, she's planning, she's thinking to take it out, so why is she not thinking anything? She doesn't know. She doesn't know. She went to a doctor, the doctor put it in, and she left, and that's it. What does she know? ... She doesn't know anything. She doesn't know what it is. She doesn't know. When I say makpid, in her mind it's going to be taken out. But if in her mind it's nothing, so what is she makpid? She doesn't even know it's there. What is she makpid on that? So that's what I'm trying to explain to you. If you're worried that it shouldn't be, that the next day she did take it out, right? So then you could come and say one day, or even if you want it to be seven days, because that's called in her mind it's going to be there for a while, right? So then the pshat is it would have to be in her mind there for seven days, that she knows that it's going to be there for seven days. That's what I'm trying to explain to you. When a person puts in a filling, is it or isn't it part of the body? That's one nidon. Then there's another nidon: is she makpid, d'hainu, because since she's mechaven l'ktzois, to take it, her kavanah is not to keep it there. It's also a problem. One problem is the metzius. Is it there? Is it batel? Is it part of the body? Something which is kola omid l'hitlaktzek, it cuts and stuff, right? Kola omid to be taken out is not there. It's not meant to be there. Then there's another thing: what is she thinking in hilchos makpid? That's where the nidan is. There's a hilchos zmanim kavua in metzius, and then there's a hilchos zmanim kavua in what she had in mind. That's exactly the she'eilah. That's exactly what I want to talk about. What happens if in her mind she thought she'll take it out, then she called the doctor, he's not there, and it happened to be for seven days. So if it's her daas, her daas was to take it out right away. But if it's in the sha'alah metzius, it was there for seven days. That's exactly what I'm talking about. I have another she'eilah. What happens if she planned on leaving it there, then all of a sudden the next day she woke up and there's a problem with her tooth. She went to the doctor. The doctor had to change the filling. So again, it restarted. The day after the mikvah this happened? Yeah. When she went to the mikvah, it was kavua. Maybe it goes back.
What happens if they put in a temporary filling, and her mind was that she has the appointment in a month from now? The appointment was for a month from now. And then what happened was that her tooth started to hurt her so much, and he called up the day afterwards, and then he took it out. That's the shailas. The question is, do we look at the thing, or do we look at the kavana? I'd rather heard, I don't know, maybe I saw it somewhere, the B'shem Rav Shlomo Zalman, a very nice psak. Even in such a case, it's not a nidon. Why? Because since the pain was nischadesh later, since the pain was nischadesh later, it's a new story. Like you said, b'shaas she went to the mikvah, what happens if the pain started before? She didn't know that she has to take it out. She was stam was hurting for two days, and then the next day she calls up the doctor after the mikvah. It wasn't her mind. Her daas is nothing. Not to take it out. Again, if you go after her daas, her daas was nothing. But if you're going after the metzius, it depends. Even if it was hurting before, if her daas was not to take it out, then it's not. That's תליא how you learn. Okay, these are the shailas l'geia to this stima. So don't take it for granted. Oh, Reb Moshe said it's okay, so poshut. Don't take it for granted. Oh, but the Chazon Ish says it's not okay. Not so poshut. What do I hold? I hold like Reb Moshe. I mean, let me tell you, I always hold like Reb Moshe. Let me just tell you in general. Reb Moshe... I don't know. Moshe was the gadol. So what do you say, temporary? Allow. At the end of the day, at the end of the day, Moshe's the gadol. What do you say? Let me tell you. You read Rav Moshe's teshuvos. He was the gadol. There's nothing you could—there's no way, there's no way around it. There's just no way around it. In other words, you could say, blah, blah, blah. He knew kol haTorah kulah b'iyun. B'iyun. What should I tell you? He knew kol haTorah kulah. There's no— Not Moshe Feinstein. Not on this. It's not Rav Moshe. It's just not. Moshe was גדול. Moshe was very big. Listen, what should I tell you? Moshe was very big. You know, in Eretz Yisrael they don't think that way. It's very possible. It's very possible. Moshe was meikel on a lot of things, and that's exactly what they're telling you. They just didn't—they just, they were indoctrinated. And Rav Moshe popped up at the end. Oh, Rav Moshe. All the years they were indoctrinated, the Chazon Ish and the Brisker Rav, and Rav Moshe was just... So what do you say about temporary feeling? Moshe, go do the teshuva. Go learn the teshuva yourself, and you'll see what it is. Siman tzadi zayin, anaf vav. Read the teshuva. What I really would write, if I had to write these halachos: hameikel yesh lo al mi lismoch, hamachmir yesh lo al mi lismoch. That's the way I would write it. Mi sheb'daato rotzeh l'hakel... יש לו מי לסמוך. מי שרוצה להחמיר. Whatever Moshe was machmir and the others were meikel, does it make a difference? Yeah, Reb Moshe is Reb Moshe. I’m saying, would you write the same thing? Would you say you have to be machmir? I’m not saying. Reb Moshe, and the Chazon Ish, Chazon Ish. I’m not saying. You’re talking about two... you know, it’s not even... In Ukrainians, you see some... very interesting. Reb Avadi? Abadi or... Reb Avadi. You know, Mimcha’s a tefera. The din of yehareg v’al ya’avor is if you went and did a ma’aseh, go and do an act of killing, so then it’s yehareg v’al ya’avor, to be used. Meaning, if I take you and I throw you on the other guy, you’re not mechuyav to kill yourself, to let yourself get killed, because there’s no ma’aseh retzichah. That’s Reb Chaim’s first... Okay. So Reb Michoel Sherkin told me that in Europe they didn’t pasken that. What was the case? The Nazis used to have lists of people, and you were able to, you know, cheat your way through by paying money, you know, sneaking, that they should pull you off the list. Literally, literally a days of the war. So they came to ask shaila if they’re allowed to do that, why? Because when you get off the list...
Put someone else there. Someone takes your place. Someone takes your place. So they pasken, yareg v'al ya'avor. Now I'll kill somebody. According to Reb Chaim Brisker, this whole story doesn't make sense, because you're not killing him. It's even less than — you're the bullet. Not even the bullet either; you're just being gorem. What was the case over there? How would they kill? Every day a thousand people. Every day a thousand people. You're on the list. If you paid your money, they took you off the list, but they put someone else instead, so they pasken. Now the truth is, it's very shayach they didn't pasken like that l'halacha. It was more of hashkafa-like, you know what I mean? But the truth is, I don't know if you could pasken hashkafa. You can't tell a person you should get yourself killed unless it was shaas hashmad, there was a war. I don't know. It's very complicated shaila. Kitzur, I went through a ... Who paskened for them then? What was the psak in Europe? That's the way the gedolim would... I don't know. Maybe tell me names of rabbanim that paskened that way in Europe. Kitzur, I went back to Reb ... I met him on a bus. I sat down next to him. So I started telling Reb Chaim this and that, and I told him the story. Reb Chaim zok nit azoi. Reb Chaim says, Not like that. Okay, so, and I started asking again. Yeah, but ... you see from the ... Uper Reb Chaim zok nit azoi. There was no conversation. There was nothing past Reb Chaim said. You hold like that. Reb Chaim says differently. This is what I heard from ... This is what I heard from ... This is it. You hold differently? Okay, so hold. This is the way it has to be, and that's halacha.