Traditions and conservatism, and perhaps also courts
On the matter of tradition and conservatism, I also belong to the matter of the status of courts.
The following paragraph is copied from the source page of a lesson by Rabbi David Yutkowitz last Shabbat (26 Sivan 5882).
Responsa Chazon Ish (S. Rene, according to Otzar Hochma, K.V.A., 3:16) – In the past, Israel was a people who lived alone, all matters of Israel were decided by the laws of Israel, no one was found to submit their petitions to the courts, even the sale of houses was in the courts of Israel, many did not understand the language of the Gentiles at all, and in their isolated lives, the syllables of the Jews were dear to them and the syllables of the Gentiles were foreign to them, and in this way there was the matter of having two names to remember, a name that the Jews read and a name that the Gentiles read. But now every Jew is integrated with their courts in all their affairs, and the Jews have no feeling of choosing between the name Breslau and the name Wenceslaus, and on the contrary, they prefer the new name to the old name of their enemies, and they are accustomed to it every day in writing bills of loans and sales and taxes and property taxes and the rest of their relations with the government and the post offices, and the Jews also practiced this in Gittin and this established this name as the main one.
If I understood correctly, from other sources cited in the lesson, the poskim who preceded the Chaz”a disagreed about which of the names that Jews give to a city or a river is the one that should be recorded on a gett. And how the Jewish name stands in relation to the name that Gentiles give. And now the Chaz”a nullifies all the words of his predecessors.
Does the Chazo’a make a halakhic change based on a change in the facts?
There is a discussion of the issue in Nadav Shnerb, Keren Zvit, Parashat Vaitza.
Indeed, this is a distinctly conservative midrash. As such, the use of a foreign date today. Incidentally, the Chazo’a also permits foreign milk in industrial products today because there is no concern that impure milk has been mixed in due to government supervision (as he also followed in the AGM).
Leave a Reply
Please login or Register to submit your answer