MUST ONE REMOVE SHA'ATNEZ IMMEDIATELY? [Sha'atnez: Kevod ha'Briyos]
(Rav Yehudah): If one finds Kil'ayim in his garment, even in the market, he must take it off.
"Ein Chachmah v'Ein Tevunah v'Ein Etzah l'Neged Hash-m" -- wherever desecration of Hash-m's name is involved, we do not give honor to a Rav.
Question (Beraisa): If an Avel was returning from burying his Mes on a Tamei path, Kohanim may accompany him, even if there is also a Tahor path, for his honor.
We should say "Ein Chachmah... l'Neged Hash-m"!
Answer (R. Aba): The path was a Beis ha'Pras. Its Tum'ah is only mid'Rabanan.
Question (Beraisa): Kevod ha'Beriyos (human dignity) overrides a Lav of the Torah.
We should say "Ein Chachmah..."!
Answer (Rav bar Sheva): It overrides the Lav "Lo Sasur."
(Rav Kahana): All mid'Rabanan laws are based on Lo Sasur. Chachamim said that Kevod ha'Beriyos overrides their laws.
Question (Beraisa) Suggestion: If someone was going to slaughter his Korban Pesach or circumcise his son, and he heard that a relative died, perhaps he should be Metamei (even though he will lose his Mitzvah)!
Rejection: It says "Lo Yitama."
Suggestion: Similarly, he is not Metamei for a Mes Mitzvah!
Rejection: "Ul'Achoso" teaches that for relatives he is not Metamei, but he is Metamei for a Mes Mitzvah.
Summation of question: We should say, "Ein Chachmah..."!
Answer: There is different, for it says "ul'Achoso."
Question: We should learn from here that Kevod ha'Beriyos overrides every Torah Lav!
Answer: We may learn only to transgressing passively (through inaction).
20a: Once, Rav Ada bar Ahavah saw a woman wearing an immodest garment. He assumed that she was a Yisraelis, and ripped it off of her.
Menachos 37b - Version #1: On Shabbos, Ravina noticed that a corner of Mar bar Rav Ashi's garment (with the Tzitzis) had snapped off. He did not tell him until Mar reached his house.
Mar (bar Rav Ashi): Had you told me earlier, I would have taken off my garment right away!
Ravina: That would be embarrassing (to walk home without your garment). Kevod ha'Briyos overrides a Lav (walking in Reshus ha'Rabim wearing invalid Tzitzis)!
Mar: Rav bar Sheva explained that it overrides Lo Sasur.
Version #2: Ravina immediately told Mar bar Rav Ashi that a corner of his garment had snapped off.
Mar: I need not remove my garment right away. Kevod ha'Briyos overrides a Lav!
Question: Rav bar Sheva explained that it overrides only Lo Sasur!
Answer: Mar bar Rav Ashi was in a Karmelis, where the Isur to carry is only mid'Rabanan.
Shevu'os 30b (Rabah bar Rav Huna): If a witness is a greater Chacham than the judges, and it is a disgrace for him to go to testify in front of them, he should not go.
This applies only to monetary cases. If the testimony will prevent an Isur, "Ein Chachmah..."
Rambam (Hilchos Kil'ayim 10:29): If one finds Kil'ayim mid'Oraisa in Ploni's garment, even if Ploni was going in the market, he tears it off immediately, even if Ploni is the Rebbi who taught to him Chachmah. Kevod ha'Briyos does not override an explicit Lav in the Torah. Kevod ha'Briyos always overrides mid'Rabanan laws. Therefore, if it was Kil'ayim mid'Rabanan, he does not tear it off and does not remove it in the market, until he gets to his house. If it was Torah Kil'ayim, he removes it immediately.
Beis Yosef (YD 303 DH Kasav): It seems that the Rambam's text of Rav Yehudah's teaching does not say his garment. It discusses one who sees Kil'ayim in another's garment. He understands that one removes it through tearing it. He learns from the episode with Rav Ada bar Ahavah.
Rosh (Hilchos Kil'ayim (after Nidah) 6): The Gemara connotes that it discusses Sha'atnez mid'Oraisa. It asked from one who buried his Mes, and answered that the Tum'ah is only mid'Rabanan. It asked from the Beraisa that says that Kevod ha'Beriyos overrides a Lav of the Torah, and answered that it overrides "Lo Sasur." In the Yerushalmi, two Amora'im argue about one who found that he is wearing Sha'atnez in the market. One forbids, since it is mid'Oraisa. The other says that Kevod ha'Beriyos overrides a Lav for a Sha'ah (a short time). It was taught that we are not particular about a Mes or Sha'atnez in the Beis Midrash. R. Ami was teaching, and Ploni told Almoni 'you are wearing Kil'ayim.' R. Ami told Ploni 'remove your garment, and give it to Almoni.' (I.e. you should not have told him. Since you did, you should bear the shame of being without a garment.) R. Ami holds like the opinion that permits. Alternatively, it was Kil'ayim mid'Rabanan. Alternatively, even for Kil'ayim mid'Oraisa, if one finds it in his garment, we apply "Ein Chachmah...", and he must remove it immediately, even in the market. If one finds it in another's garment, and the wearer is unaware, he should not tell him in the market, until he gets home. Due to Kevod ha'Briyos, he should be quiet and not separate him from a Shogeg Aveirah.
Beis Yosef (DH v'Chasav): The Tur and Semag wrote the second answer (that Kevod ha'Briyos overrides an Isur mid'Rabanan).
Tosfos (Shevu'os 30b DH Aval): A Chacham must testify about an Isur (even if it is below his honor), due to "Ein Chachmah...", even though he could keep his honor through being passive. In Berachos, we asked why Kevod ha'Briyos does not permit wearing Kil'ayim until he gets home, but it overrides Korban Pesach and Bris Milah. We answered that Kevod ha'Briyos overrides even an Isur when it is through being passive! There, the disgrace of a Mes Mitzvah is great, therefore it overrides through being passive. Regarding relatives (not a Mes Mitzvah), Kevod ha'Briyos does not override Pesach and Milah! Testimony is not such a disgrace, so Kevod ha'Briyos does not override it, even through being passive. Also, when people transgress through a person, this is not called passive. E.g. if. a woman seeks a Heter to remarry, and a Talmid know that her husband is alive, he must speak up.
Shulchan Aruch (YD 303:1): If one finds Kil'ayim mid'Oraisa in Ploni's garment, even if Ploni was going in the market, he tears it off immediately, even if Ploni is his Rebbi.
Beis Yosef (DH u'Mah): We learn that this applies even to one's Rebbi from Rav Yehudah, who said that we do not honor a Rav when Chilul Hash-m applies.
Rema: Some say that if Ploni was Shogeg, we need not tell him in the market. The one who sees this is quiet due to Kevod ha'Briyos, and does not separate him from a Shogeg Isur.
R. Akiva Eiger: See the Rema in 372:1 (brought below).
Pischei Teshuvah (1): Sha'agas Aryeh disagrees (and forbids even when the wearer is Shogeg).
Sha'agas Aryeh (58): The Tur rules like the last answer of the Rosh. If so, one need not tell someone even in Reshus ha'Rabim. Due to Kevod ha'Briyos, he does not separate him from a Shogeg Aveirah. Menachos 37b connotes unlike this. Mar bar Rav Ashi said 'had you told me earlier, I would have taken off my garment right away!' This implies that he was upset that Ravina did not tell him earlier, so he would remove it immediately. I.e. even though Mar did not know, Ravina was obligated to tell him. However, we can say that Mar was not upset. He said gently 'had you told me earlier, I would have taken off my garment right away.' I.e. he would have been obligated to do so. He taught two matters. Firstly, Kevod ha'Briyos does not override a Torah Lav. Secondly, all four Tzitziyos are Me'akev each other, unlike Shmuel. However, in Version #2 there, Mar said that due to Kevod ha'Briyos, he was not obligated to remove it in the market. Even though Ravina thought that he was obligated to remove it once he finds out, why did he tell him there? (This shows that one may not allow another to transgress b'Shogeg!) However, we can say that since Ravina thought that Kevod ha'Briyos does not override mid'Rabanan laws, which are lenient, all the more so it does not override a Torah Isur, even passively. However, we hold that Kevod ha'Briyos overrides even Torah laws passively, and mid'Rabanan laws even through an action, so Kevod ha'Briyos permits being passive and not telling another that he is transgressing. However, it seems that Tosfos disagrees. His second answer says that when people transgress through a person, this is not called passive, e.g. a woman seeks a Heter to remarry, and one knows that her husband is alive. This shows that if an Isur is done through one's silence, it is as if he did an Isur. Kevod ha'Briyos does not override this. The same applies to one who sees that another is wearing Kil'ayim or Pasul Tzitzis. According to Tosfos' first answer, there is no proof. The Rambam brought old texts that prove that Tosfos' second answer is correct.
Shulchan Aruch (ibid.): If it was Sha'atnez mid'Rabanan, he does not tear it off and he does not remove it in the market, until he gets to his house. (Rema - similarly, in the Beis Midrash he need not rush to leave.) If it was Torah Kil'ayim, he removes it immediately.
Gra (1): 'And he does not remove it' means that also one who found Kil'ayim in his own garment need not remove it immediately. Menachos 37b holds like this.
Nachalas Tzvi (cited in Pischei Teshuvah 2): 'Until he reaches his house' refers to also to the Reisha, in which he found Kil'ayim mid'Rabanan on another's garment. He does not tear it off in the market, but when he gets to his house, he tears it off. This is because one must separate others also from Isurim mid'Rabanan. I learn from Shabbos 148b and Beitzah 30a, which suggested that only for an Isur mid'Rabanan, it is better that one be Shogeg than Mezid. This implies that if not for concern lest people be Mezid, we separate also from an Isur mid'Rabanan. Also, the Rambam explains that for Kil'ayim mid'Rabanan, one does not tear it off someone else due to Kevod ha'Briyos. If not for Kevod ha'Briyos, e.g. when he is not in the market, he must tear it.
Rema (372:1): If a Kohen was sleeping naked in a room with a Mes, and he does not know, one should not tell him. Rather, he calls to him to Stam that he should come out, so he will dress himself first. If he already told him that there is a Mes in the room, the Kohen may not delay until he dresses himself. This is for Tum'ah mid'Oraisa. Regarding a Tum'ah mid'Rabanan, he dresses himself first, due to Kevod ha'Briyos.