Tuesday, January 12, 2021

Halacha And Meta-Halacha

 Some people see the Halacha as a formal set of rules and as long as you keep them everything is fine and dandy. This is a serious error. There are strictly Halachic considerations and then there are considerations that extend beyond what the strict letter of the law might permit.

Some examples: 

Women Rabbis. Strictly permitted? Maybe. A good idea? Not. It leads to other behaviors that are non-halachic such as counting women as part of a minyan. If she is our "Rav" then why can't she and other members of her gender be equal in all areas?

Women reading the Kesubah under the Chuppah. Permitted? Why not. But it will lead to making women witnesses under the Chuppah and other non-halachic behaviors.

I heard about a woman married to a Levi who gave birth to a child with artificial insemination from the sperm of a stranger [not her husband]. She is now worried that her son will not be able to be called up to the Torah as a Levi and it will be a big embarrassment.

Strictly speaking, some poskim say that having a child in such a way is absolutely forbidden. Others disagree and permit it. Putting that aside - what about the Aliyah to the Torah? 

Strictly speaking, we allow a bracha li-vatala in order to protect one from embarrassment [כבוד הבריות]. An example is a women who became pregnant as a single girl and secretly aborted the baby and then did teshuva, got married and has a son. The husband wants to have a pidyon haben and doesn't know that this is not his wife's first. Rav Ovadiah [Yabia Omer 8-32] permits her to keep silent and allow the brachos to be made to preserve her dignity and shalom bayis. Here in our case, it would not even be a bracha li-vatala. But what about the care we take in order to preserve the rightful yichus of every Jew? People will think that he is a Levi!! I know that one of the biggest poskim in Eretz Yisrael would not decide this question.  

So be careful about deciding questions based on strict Halacha. There are often other considerations. THAT is why we need Poskim.