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Policy considerations

שו”תCategory: Meta HalachaPolicy considerations
asked 5 years ago

Hello Rabbi!
You have written against mixing policy considerations into halakhic rulings in several places. Can’t we say that just as human dignity, sorrow, loss, etc. are considerations that must be weighed in halakhic rulings, so too are considerations of ‘what they will say’ or ‘what will happen’ bound to enter into considerations of the law? (I emphasize the law, meaning that this is literally what the law says, and then it also dulls the problem of lying a bit). And perhaps I should divide my words between Torah and rabbinic?
In other words, do you categorically reject the ‘what will they say’ or ‘what will happen’ considerations and believe that they are not halachically valid, or do you believe that their use is only correct in extreme cases (especially today)?

Another question: In your words about changing halakhah following a change in reality, which in your opinion is not a change at all (midrashic conservatism), it is possible to say that the Sanhedrin determined (or to say so from an explanation) that even when reality changes, only an authorized court can change the law, and thus not prevent halakhic chaos (because in such a situation, it is possible that a hundred Jews will act in a hundred ways, because they assessed reality differently).
Thank you very much.


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