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Shalom and Haredim

שו”תCategory: Meta HalachaShalom and Haredim
asked 2 months ago

Hello Rabbi
Yesterday I was at my Haredi friend’s wort. When I asked if it was customary to say Mazal Tov to the bride, he said that of course not. As we talked further, he also explained to me that even after the wedding, she is not allowed to talk to his brothers. To my surprise, after doing some research, I saw that there seems to be broad agreement on this in the Gemara and Poskim, at least regarding talk that can lead to affection.
My wife and I, as national religious people, regularly invite and are invited to Shabbat meals with other young couples, and yes, I also get to talk to the woman at the event, even things of friendship and affection (needless to say, everything is respectful and within the bounds of modesty, at least that’s what I thought until now), and at family events there is no point in talking at all about the teasing of aunts, cousins, sisters-in-law, etc.
I’m trying to understand whether there really is a problem with this, and if so, how it seems that the majority of the national public, or at least mine, which claims to observe all of the halacha and adhere to both the mild and the severe, simply lives as if it doesn’t exist, and if there is an answer, what is the basis of the disagreement between us and the Haredim on this matter.
It also brings to my attention other random laws that seem indisputable and yet no one seems to really live by them, such as listening to music while there is no Temple and a few other things that I am probably missing (I didn’t really look into the issue of music, I just looked in the Shulchan Aruch).
thanks


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0 Answers
מיכי Staff answered 2 months ago
The basis of the dispute is the question of how relevant the prevailing norms are to the law. I see no problem in an open society with sitting in a gathering and speaking freely. In a closed society, such a situation can lead to forbidden reflections, and therefore the norms there constitute a prohibition. This is positive feedback. The rule is that a prohibition is relevant only when it comes to sexual reflection (not affection in the strict sense). And even then, if it is a normal way of life, then this is the situation and there is no obligation to avoid it. This is related to the issue of not being allowed and not being intentionally forbidden.

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אורי replied 2 months ago

Isn't there a circularity here? The norms construct a prohibition, but they themselves were constructed from a prohibition that originated in Halacha. Is it possible to establish norms arbitrarily and then act in accordance with them?

מיכי Staff replied 2 months ago

Yes. The question of how the norms were constructed doesn't really matter. As long as these aren't norms that are only practiced by criminals. The prohibition from time immemorial was also based on the norms that were practiced at the time. It didn't come down from Sinai.

אדיר replied 2 months ago

My Haredi friend's argument was not a matter of modesty, it was a matter of the ruling of the Rishonim according to the Gemara. It is clear that this halakhah is not from the Torah in any way, and I also know the rabbi's argument that the Rishonim have no formal authority, but if most of the Rishonim interpreted the Gemara there as binding law, does that not tell us anything?
From what I saw in the Gemara, it is a discussion among the Amoraim about how to act, in a narrative/legendary framework (meaning it was not a discussion in the Beit Midrash, but they are telling us what happened) but the discussion is very similar to a regular halakhic discussion. Although they did not bring verses, because it is not from the Torah, in my opinion it is certainly possible to understand from this that this is some kind of sage ruling.
I also think that this is another matter of gaps, that among the Haredi, legends from the Gemara are taken much more literally.
So I am trying to understand where the interpretive line is drawn between what we understand as the sage ruling for generations and where it is about Amoraim customs that can be applied or not applied.

מיכי Staff replied 2 months ago

I did not address the question of whether this is halakhic or whether the discussion is halakhic. The question is whether this ruling is based on the norms that prevailed at the time, such as the swimsuit parable.

אדיר replied 2 months ago

And how am I, the learner, supposed to make this distinction? In the end, we are expected to use common sense but also be committed to the Torah sources, which have not given me a solid reason for wearing a swimsuit. So we will simply stick a convenient reason on them?

מיכי Staff replied 2 months ago

I don't understand where this delusional discussion is going. You deny the existence of human interpretation of the sources of halakha? Both laws from the Torah and from the words of the sages. What do you want from me? Every law undergoes interpretations and decisions regarding the methods of application in different circumstances.

אדיר replied 2 months ago

I'm trying to understand how people base their rulings on halakhic sources that didn't provide a reason for their rulings. Obviously, the ruling also stems from social customs that prevailed at the time, but where does the line cross?

מיכי Staff replied 2 months ago

Use common sense and understand from the context.

אדיר replied 2 months ago

Okay, thank you Rabbi and Shabbat Shalom 🙂

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