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Policy considerations in halakhic rulings

שו”תCategory: HalachaPolicy considerations in halakhic rulings
asked 9 years ago

Hello Rabbi,
I wanted to know what you think about the place of “policy considerations” in halakhic rulings. Both in considerations that serve to make things more severe (“slippery slope”, etc.) and in considerations that lead to a lenient ruling (how will the halakhic law appear to the secular/world, will the public not abide by a ruling that is too strict, would it be better for them to be mistaken, etc.).

A. In your opinion, is there any room for a poskim to consider such policy considerations, or should one rely only on the formal halakhic sources? And if such considerations are to be considered, what is the weight of these considerations in the framework of a halakhic ruling? My feeling is that in our generation, poskim give them much more space in the framework of the halakhic discussion than in previous generations. Do you also share this feeling?

B. Is it correct to say that to the extent that such policy considerations must be taken into account, then rulings on important and substantive issues should be left to older and more experienced rabbis and not to young scholars, no matter how great in Torah they may be?
thanks.


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0 Answers
מיכי Staff answered 9 years ago
It’s hard to go into detail in this medium. I’m doing this in the third book of the theological trilogy I’m currently writing. I’ll tell you briefly and in general terms.
In my opinion, such considerations have no place, and this is for a technical reason. The relationship between arbiter and questioner is different from what is usually thought. The arbiter is supposed to present the questioner with the various options, with their prices and his own recommendations, but it is the questioner who must decide and choose how to proceed in practice.
Therefore, the question of policy remains with the questioner and not with the arbiter. The arbiter can only recommend or not recommend to the questioner how to proceed. The decision is up to the questioner.
Policy can be involved in the decisions of the Sanhedrin that correct or decree a new prohibition, or of a Mera Datra who rules for his contemporaries (because there he has the authority to decide, unlike a regular questioner and arbiter).

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