Morals and Halacha
Mountainon writing Which is delivered he something May God Almighty Planted Son And in all this Sometimes Halacha Contradictory one Morality governor because of marble Considerations More In cases Specific. And in all this Rabbi He wrote thatif there is collision between Halacha and morality sometimes Morality Will win. how this Can be? Mountains all The reason That the Torah Exceeded here From morality this that she The examination that there is Here is a consideration. Added that probably changes the The will of God!? So Is it because they understand that the halacha is wrong here?
There are two types of conflict between law and morality.
A. Fundamental: killing an Amalekite baby, separating a priest’s wife who was raped from her husband, castrating children born of adultery, etc. Here there is a conflict every time one comes to fulfill the Torah’s teaching.
B. Accidental: Like Picon and Shabbat, etc. Here the conflict is in a specific case and may not occur at all. It is possible to keep Shabbat without harming Picon and also to keep life without harming Shabbat. The conflict is because a specific situation arises by chance.
In the first case, indeed, in principle, the law will prevail for the reason you said. After all, the Torah took the moral consideration into account and in all cases commanded us to do something against it. Of course, there is room for qualification when it comes to the interpretation of the Torah by the sages, since there can be an error. And even though they have authority, where it strongly conflicts with morality, there is room for additional consideration.
But in the second case, the Torah said nothing about the rejection. It is possible that it was only talking about cases in which fulfilling the commandment does not contradict the moral value. There will be cases in which the moral commandment can be preferred. Certainly, this applies to extreme cases such as a sin per se. There, the Gemara itself states that the external value prevails over the Halacha. See my article on this topic:
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