Morality versus Halacha
Peace be upon Rabbi Michi
The rabbi argued that in decisions between morality and halacha, halacha will not always prevail. The rabbi then gave an example of a marriage that he remembered and saw no way to resolve because here the contradiction is fundamental and always occurs, and if God commanded it in the Torah, he already took into account the moral consideration and decided for us that halacha prevails.
There is apparently a contradiction here in the Rabbi’s words – because it is implied that the Halacha will always prevail unless there are situations where it is possible to lower the level of the prohibition or partially escape from it (such as milking on Shabbat, which is forbidden, but if it is automatic and leads to destruction and to preventing sorrow in the life of a person, it is already less forbidden and therefore we will permit it). Where does the Rabbi think that we will decide in favor of morality even without lowering the level of the prohibition?
I don’t know where you heard my opinion, but everywhere I wrote it, I also explained and answered your question. I distinguished between substantive and incidental conflicts. In substantive conflicts it is more difficult to rule against the halakha (although they do so there too, mainly through creative interpretation), but in incidental conflicts it is certainly possible to rule because the Torah did not instruct who prevails.
I would love an example or two of a creative interpretation of a fundamental conflict in such a way that we would rule against the law.
I wasn't talking about creative interpretation, but about a decision. There is a conflict between halakha and a moral principle, sometimes the moral principle prevails. For example, in the discussion about institutionalizing prostitution. The halakhic consideration says to institutionalize, since this would prevent the prohibitions of niddah and the wife of another man, etc., but the moral-value consideration rejects this. The same is true regarding the disqualification of secular people from getting baptized.
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