Q&A: Halakhic Rulings Based on Minority Opinions
Halakhic Rulings Based on Minority Opinions
Question
To what extent can one rely on the words of medieval authorities (Rishonim) and later authorities (Acharonim) as a halakhic ruling when their opinion is a lone one on the matter? The question relates both to a halakhic decisor and to a private individual who is unsure how to act in some matter.
Answer
It is impossible to rely on anyone, neither an individual nor the majority. A person is supposed to do what seems correct to him, and if he is not capable of that, he should go to a halakhic decisor or rabbi and ask.
Discussion on Answer
The halakhic decisors discussed this in Shulchan Arukh, Choshen Mishpat, section 25. But nowadays it is accepted that there is no obligation to follow the majority, for various reasons. In my opinion, the whole discussion applies only where you yourself have no position and you are qualified to issue a ruling. If you do have a position, you should act in accordance with it.
Could the Rabbi elaborate on what reasons?
For example, the Chazon Ish writes that halakhic decisors did not necessarily hear one another’s views, and then the majority carries no weight. Others also wrote that there are many opinions that were never written down, or that we simply have not seen them in the books (because there are huge numbers of books). There is also a challenge to the very applicability of the law of majority outside a religious court.
Is there no general rule to follow the majority? Maimonides counted this as a commandment to rule according to the majority.