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morality

שו”תmorality
asked 3 years ago

Hi,
If morality was binding even before the giving of the Torah at Mount Sinai, why don’t we say that the mouth that forbade (morally) is the mouth that permitted (religiously) and the correct thing is to fulfill the mitzvah and reject morality unless it was explicitly accepted by the Sages otherwise, such as Pikuach Nefesh rejecting Shabbat.
You once wrote about a legal principle that says a certain law must be set aside in order to uphold a law for a specific case, but I forgot its name and I can’t find it on the website. Sorry for the trouble.
 


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מיכי Staff answered 3 years ago
I’m not sure I understood the question. Are you suggesting 1. that morality was abolished following the giving of the Torah. Or are you claiming 2. that morality has always been rejected by the law? I made both claims and I don’t know which of the two your words are directed at. I will answer both. 1. There is a belief that requires one to be moral. And it is still true today. Now comes a religious-halakhic command that contradicts it. We have two options: A. It comes to abolish the moral principle. B. It comes to add another dimension to it that does not cancel it out. The principle of lex specialis that you mentioned at the end leads to my interpretation and not yours: the moral principle is in its own right, and the halakhic principle is added to it and does not cancel it out. So much for the first question. 2. As for the second question, I have often explained that it depends on whether the conflict is inherent or accidental. If it is inherent – indeed, morality will reject the halakha (except in very exceptional cases). If it is accidental, there is no relevance to the lex specialis, and there the matter is open to our decision.

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. replied 3 years ago

Does accidental collision also mean going over a no or just canceling a yes?

מיכי Staff replied 3 years ago

There is an option to go over No or cancel Yes. This is not always what is done, but there is such an option.

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