Q&A: Voting in an election by a person who is an onen
Voting in an election by a person who is an onen
Question
It was reported today that a man came to vote at the polling station fifteen minutes before his wife’s funeral, because of the commandment of “and you shall do according to all that they instruct you”:
https://www.bhol.co.il/news/1457350.
Someone replied to him that this was a mistake, since according to Jewish law: “An onen is exempt from all commandments, such as prayer, reciting the Shema, putting on tefillin, Torah study, and more. And he is not permitted to be stringent with himself and perform them.”
Is that correct? From the standpoint of Jewish law, would it have been preferable for him not to vote? Assuming there is a commandment involved in voting, did he fulfill a commandment?
Answer
There is no commandment whatsoever in voting, and the Haredim, as usual, are talking nonsense in their propaganda. But there is value in it, and I think that is enough reason to go out and vote. It does not have to be a formal halakhic commandment. Still, fifteen minutes before his wife’s funeral sounds excessive to me. During the shiv’ah, definitely yes.
Discussion on Answer
First, because that view is absurd in itself. “You shall not deviate” applies only to the Sanhedrin. Second, because here they are not defining a commandment but giving a political directive. Not every instruction that comes from a sage falls under “you shall not deviate,” even according to the absurd view that “you shall not deviate” indeed applies with respect to all sages. In your opinion, is eating leftover gefilte fish at the tish on Sabbath eve also in the category of “you shall not deviate”? And third, because in my view they usually are not sages at all.
They did not instruct people to eat gefilte fish.
These are great medieval authorities (Rishonim), not an absurd view.
In their eyes, the rabbi is not a “sage.”
Who said they are not defining it as a commandment.
Oy, the arrogance…
Regarding there being a commandment in elections, stemming from the issue of “and you shall do according to all that they instruct you.”
In the words of the medieval authorities (Rishonim), there are different approaches to the force of this command in the absence of a Sanhedrin in Jerusalem.
The first to address an expansion of this commandment was the Raavad, who wrote that it obligates one even to obey the local rabbi, the mara de’atra [local halakhic authority][4].
The Rashba expanded the commandment into an obligation to obey the renowned leading sages of the generations; when he was asked whether a sage may rule according to his own opinion against the accepted halakhic works of the medieval authorities (Rishonim), the Rashba answered that this is forbidden because of the commandment to heed the words of the sages[5].
A further expansion appears in Sefer HaChinukh, where in his comments on this commandment he goes on at length about the duty to obey the leading rabbis of every generation, and according to him this duty constitutes a foundational commandment in Judaism[6].
So this is what the Haredim rely on when they think it is a commandment.
Why are they talking nonsense?