Q&A: Halakhic Ruling
Halakhic Ruling
Question
Hello Rabbi, I was wondering to what extent halakhic ruling is based purely on halakhic considerations—that is, relating to the sources objectively—as opposed to the halakhic decisor’s worldview. For example, there are certain issues where it’s clear to me that Mishneh Halakhot would rule in a particular way. What does the Rabbi say?
Answer
The question is not well defined. Clearly, a halakhic decisor’s worldview, basic assumptions, and starting points carry weight. Is there anyone who disputes that? Otherwise, how do disputes among halakhic decisors arise? But I don’t see how one can answer your question and assess it quantitatively (“to what extent is halakhic ruling based on…” ).
Incidentally, this is completely legitimate. Every person has basic assumptions, and his interpretation is influenced by them. “The Torah was not given to ministering angels” is not merely an after-the-fact expression. This is what the Torah is by definition, when truth was cast down to the earth.
Discussion on Answer
Nothing is a joke. You don’t do whatever you want, but rather what seems correct to you. Choosing a halakhic decisor based on the answer you want is “one who follows the leniencies of this authority and that authority is wicked.”
It’s true that there are basic assumptions, but the expectation is that the halakhic decisor will approach the text objectively, if that’s possible. And if we say that it really isn’t possible, it kind of feels like the whole thing is a joke: just tell me how you want me to rule for you, and I’ll send you to a halakhic decisor with the right worldview, and presumably that’s how he’ll rule…