Q&A: Interview with Yaron London
Interview with Yaron London
Question
I saw on YouTube a conversation of yours with Yaron London. At the end of the conversation you say that sometimes there are conflicts between Jewish law and morality, and then you said the following sentence:
\”Even if there is a conflict, from my perspective Jewish law does not always prevail.\”
Could you explain what you mean? Where does the hand of Jewish law not prevail? In what kinds of cases, for example? Isn’t Jewish law “supreme legislation” from your perspective?
Have a good week
Answer
As I said, Jewish law is not supreme legislation. I discussed this at length at the beginning of the third book in my trilogy, and also in the series on Jewish law and morality that is currently being given (see my video lectures). There are considerations that the Hazon Ish called “the fifth section of the Shulchan Arukh,” as in a transgression for the sake of Heaven. One example is the discussion of institutionalizing prostitution, and the discussion of invalidating the marriages of secular people (by bringing disqualified witnesses). In both of these examples, most halakhic decisors also agree that the straightforward Jewish law is set aside. There are principles such as “Her ways are ways of pleasantness,” and other catch-all principles, which in effect set aside laws because of moral and human principles.
Discussion on Answer
I am showing that there are extra-halakhic considerations that override the halakhic consideration. They can be moral or others. In the case of disqualifying the witnesses, it is a consideration of the character of the Jewish home at the expense of the law. From a halakhic standpoint, it would be preferable to disqualify the witnesses for all secular marriages. But there is a consideration beyond Jewish law: people do not want families to be structured in an improper way (without huppah and kiddushin). So this is indeed a good example of the fact that Jewish law is not supreme legislation. Beyond that, there is also a transgression for the sake of Heaven, etc., as I wrote. These things are explained in detail in the third book of my trilogy.
I have now looked again:
https://mikyab.net/%D7%A9%D7%95%D7%AA/%d7%a2%d7%a8%d7%9a-%d7%9e%d7%95%d7%A1%d7%A8%d7%99-%D7%94%D7%92%D7%95%D7%91%D7%A8-%D7%A2%D7%9C-%D7%93%D7%99%D7%9F-%D7%AA%D7%95%D7%A8%D7%94
I didn’t understand how invalidating marriages through the witnesses is something that shows the superiority of morality over Jewish law. As I understand it, this is a halakhic preference not to increase the number of mamzerim at the expense of another halakhic rule. How is that connected to morality? I would be glad for a bit of explanation about the examples you gave, or others.