Q&A: Halakhic Rulings
Halakhic Rulings
Question
Hello, Rabbi, I wanted to ask whether, in general, a halakhic ruling that rests on the idea that the authority of the Talmud is the only formal authority, without disparaging any halakhic decisor who came after it, as you describe, is actually an existing approach, and whether many rabbis in the past followed it. I’m asking because from a bit of reading on Wikipedia I saw that the Hatam Sofer and the Vilna Gaon basically say, in broad terms, what you say.
If so, I’d be happy to know who they are, and why in your opinion this approach is so absent today, and why every rabbi you speak to about it immediately heads in the direction of Reform?
I also wanted to ask whether you know of any opinion that says that custom is not binding. Aside from Maimonides, where I read that it is possible to interpret from his books that custom is not binding, and aside from the Talmud discussing customs that were instituted by the Sanhedrin, I haven’t found anyone.
Thank you very much in advance, and have a happy and blessed holiday.
Answer
For sources, see my article “Authority and Autonomy in Halakhic Rulings.”
As for your question about the rabbis of our time, you answered it yourself. It is fear of Reform, which has been paralyzing us for about two hundred years.
I am not familiar with an opinion that custom is not binding. Though of course its status is lighter and more flexible.
There is something to his claim: https://www.doresh-tzion.co.il/QAShowAnswer.aspx?qaid=276076