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Q&A: How Are Laws of Modesty Determined When They’re Subjective? A Question on Column 499 (A Look at Modesty and Its Meaning)

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How Are Laws of Modesty Determined When They’re Subjective? A Question on Column 499 (A Look at Modesty and Its Meaning)

Question

Hello and blessings, Michi,
In column 499 you said that, in your view, the laws of modesty are subjective to each and every society (following the view of Divrei Chamudot). If so, how are laws of modesty determined?
If the society is secular, are the laws of modesty dictated by secular modesty? What does that even mean? How is it possible to decide on rules in such a situation? Who determines them? I think such an approach effectively drains the laws of modesty of any practical meaning. What do you think?

Answer

You assume that Jewish law always operates with rigid rules, even if they are subjective. But that is not necessarily true. For example, the laws of love of God and fear of Him, love of one’s fellow, honoring parents, cleaving to the attributes of the Holy One, blessed be He, and more. All of these depend on the circumstances, and it is difficult to draw sharp lines in them. And that is regarding laws whose basis lies in explicitly enumerated Torah commandments. Modesty is not an explicitly enumerated Torah commandment, so there is even less reason there to look for rigid rules.
Of course, in principle it is possible to establish rules in a given place and time (if there is an authorized body that does so), but they would not have universal validity for every other place and time.

Discussion on Answer

Yishai (2022-12-05)

I didn’t assume that; I read the column and became convinced that there are subjective laws. My practical question was: who determines the laws if they are subjective?

Michi (2022-12-05)

You actually are assuming that, because otherwise you wouldn’t ask who determines them, and you wouldn’t assume that such a situation empties the field of content. Each person, and social norms as well, determine it. There are of course customs that are involved in an area like this.

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