Q&A: Layering the Halakhic Norm
Layering the Halakhic Norm
Question
Do you think this kind of thing is justified for a halakhic decisor who wants to issue a ruling—namely, individual rulings, meaning that a decisor might rule differently in Jewish law for two different groups? In other words, does the halakhic ruling process include considerations such as the identity of the person asking?
Answer
Not the identity of the questioner, but the circumstances in which he lives and operates can be relevant.
Indeed, in the book Mahalakim Bein HaOmdim I explained that these differences are not the concern of the decisor, but rather a decision for the questioner himself.
Discussion on Answer
These questions are too general.
Worldviews affect everyone, including halakhic decisors. I don't have anything to say about how that should affect them.
A decisor can rely on any relevant halakhic consideration.
A worldview can be involved in the interpretation of anything. Interpretation is determined not only by the wording of the text being interpreted, but also by reason. Moreover, it is accepted in the world—and its source is in the Beit Yosef on Yoreh De'ah, if I recall correctly, section 228—that it is preferable to force the language rather than the reasoning.
Okay. And how, in your view, should a decisor's worldview affect him when he studies and when he issues rulings?
Does a halakhic ruling have to stick only to formalistic considerations (what is written in the law), or also to purposive considerations?
Basically, what I don't understand is how a halakhic ruling can depend on circumstances / outlooks / whatever extra-halakhic factor you want to name. After all, if Jewish law says X, what does that have to do with my worldview and my underlying assumptions?