Marit ‘ayin or what is somebody else thinking about you? TB Beitza 9

Today’s daf Beitza 9 introduces the rabbinic concept of מראית עיין-marit ‘ayin, “due to the appearance.” The Mishna presents a disagreement between Beit Shammai and Beit Hillel where this concept is being applied. “Beit Shammai say: One may not carry a ladder, which was used for reaching doves, from one dovecote to another. However, one may move it slightly so that he tilts it from one window to another in the same dovecote. And Beit Hillel permit even carrying a ladder from one dovecote to another.” (Sefaria.org translation) The Gemara spends some time describing where one is moving the letter from one place to another and exactly what type ladder one is using. Ultimately the ladder under discussion is one used specifically to reach a dovecote, which is important for the understanding of marit ‘ayin.

“Rav Ḥanan bar Ami said: This dispute applies only in a case where one moves the ladder in the public domain, as Beit Shammai hold that one who sees someone carrying his ladder will say to himself: He must need the ladder to plaster his roof, to prevent rainwater from dripping into his house. In other words, an onlooker will suspect him of performing prohibited labor on the Festival. And Beit Hillel hold that his dovecote proves about him that he is not moving the ladder for the purpose of a transgression, as it is evident that he is placing the ladder alongside the second dovecote, and everyone will understand his intention. However, in the private domain, where one will not be observed by strangers, everyone agrees that it is permitted.” (Sefaria.org translation) Beit Shammai is afraid that people will come to the wrong conclusion either he is performing some forbidden activity on the festival or whatever he’s doing must be permitted when it’s forbidden.

We can navigate around this rabbinic prohibition of marit ‘ayin by making it evident that we are not violating the halakha. The Shulkhan Arukh, Yoreh De’ah, 66:9 provides us with an example. “Fish blood, although it is permissible if gathered in a container, is forbidden on account of looking bad (marit ‘ayin). Thus, if it is apparent that it is from fish — for instance, if there are scales in it — it is permitted.” (Sefaria.org translation)  I have no idea what they would use this fish blood for that they would want to gather it into a container. Later on the Rama presents us with a more relevant case. “RAMA: We make milk from almonds and place bird meat in it, since [milk and bird meat] is only rabbinically [forbidden]. But with meat from a domesticated animal, place almonds next to the milk, so that people don't misunderstand. This is as we said above, in chapter 66.” (Yoreh De’ah, 87:3, Sefaria.org translation)  By placing the almonds next to the almond milk we are making it evident that the white liquid isn’t milk at all.

Nevertheless, as times change the application of marit ‘ayin changes as well. “According to the Shulchan Aruch, if something which was prohibited in the times of the Talmud because of marit ayin is no longer a concern due to modern day circumstances, the prohibition is cancelled. (Igros Moshe O.C. Pg. 243:2) For example, in the times of the Talmud having soy milk, or non-dairy creamer, during the same meal as meat would have been prohibited because it was likely to think that the person was in violation of the laws of kosher. However, since it is well known today that people use non-dairy creamer, there is no issue of marit ayin, and the prohibition is cancelled.” (https://en.wikipedia.org/wiki/Marit_ayin)

Rabbi Moshe Feinstein makes a very interesting distinction between marit ‘ayin and a khashad (חשד). Marit ‘ayin describes the case when somebody who does not know Jewish law observes another person doing something and would draw the wrong conclusion thinking that this action is permitted. The case with soy milk or almond milk first used in cooking is a good example. Cooking milk and meat together is forbidden by the Torah. Seeing a person cook with almond milk, people might think that the almond milk or soy milk is cow’s milk and one is permitted to cook milk and meat together. Consequently, the rabbis forbid what would normally be permitted. Khashad is when a person sees you do something and think that you are a wicked person (רשע).

There is a danger of letting marit ‘ayin overwhelm your good common sense or what is permitted and forbidden. I would suggest that one apply the concept marit ‘ayin sparingly today.