Question

In the lessons on halakhic ruling, the Rabbi explained what a first-order halakhic ruling is. And I was indeed convinced that this is the proper approach. Second-order ruling really has brought the ruin of the religious world. To the point that even religious people will not bring religious considerations into politics, because they will go by what “works” and not by bizarre religious opinions. But when a ruling is made מתוך actual judgment, a person goes by what is right, and that naturally enters into all areas of life—instead of an archaeological religious world preoccupied with commandments that operate in some magical way. Truly, thank you, Rabbi, for those lessons; they were eye-opening.
The Rabbi argued that specifically a halakhic decisor who is less learned finds it easier to issue a halakhic ruling, because one side seems more correct to him based on his understanding. And so the Rabbi suggested that this is how one should rule: understand the sides, and afterward decide according to the path that seems more logical from his perspective.
On this I completely disagree. Why? Halakhic ruling is not done by means of understanding or wisdom (intuition). One must understand all the sides, and become wise in all the sides. So how is the ruling made? By knowledge-consciousness. Rashi explains: what is knowledge-consciousness? Divine inspiration. And I will explain. The soul-force called knowledge-consciousness is not an intellectual faculty. Rather, it is a person’s awareness—where the person’s attention is located. Usually people act without awareness of the act itself. They think about the goal of the act and are not aware of themselves at every single moment of the action they are performing. (I recommend to the Rabbi the lessons of Rabbi Arik Naveh, through which one can understand the wisdom of Kabbalah in his experiential way.)
In any case, in the wisdom of Kabbalah they teach that the main point of Judaism is to experience the unity—to be aware, at every single moment, of myself as someone who is part of all of reality, of God, or in slightly more understandable language for modern ears, Being. It is one, even though it appears through many existents. In order to be aware of yourself despite the many actions with which a person is occupied, a person’s awareness has to be in the unity shared by all reality. This is the Jewish point. In truth, “Love your fellow as yourself; I am the Lord” includes the entire Torah.
From here, halakhic ruling should be done according to that same path through which a person is able to be aware of unity in practice in his life. And this is called divine inspiration—that place where a person is aware of himself as unified. According to this one should issue halakhic rulings: according to that opinion through which a person encounters God in his life, and not just by technically performing an act.
One more point on the subject.
In the Talmud, apparently there is not really much halakhic ruling where they say that the Jewish law is like this, except in rare places (though I may be mistaken because of my lack of expertise). And apparently the first-order halakhic decisor has much greater freedom in ruling. Meaning, even if he sees a passage tending toward one opinion, the Talmud remains open in its discussions. And therefore it may be that there is even greater freedom in ruling. Because even though we have accepted the Talmud upon ourselves, and we will not derive verses against the Tannaim and Amoraim, doesn’t that mean there is a possibility of ruling much more freely than merely “it seems to us that the law in the Talmud is such-and-such”? Rather, simply: this is what the Jewish law seems to be?