Reconsidering the Halachic Process

By Ariel Goldberg

NOTE: This post was written as a response to Rabbi Cardozo’s argument that in order to rediscover the authentic melody in Halacha that has been drowned out over the past few centuries in the process of Halachic psak (legal ruling), the process needs to be consider giving more weight to minority opinions, and more possibility of individual autonomy vis a vis Halacha.  Ariel’s suggestion (see below) was adopted by the Think Tank and an experimental model named the “Halacha lab” was initiated in July 2011.  Watch this space!

One issue that I have with Rabbi Cardozo’s approach towards Halacha is that I think that  few observant Jews are expert enough in Halacha to be able to locate a da’at yahid (minority position) on a Halachic issue and properly learn out its Halachic implications before deciding whether to adapt it in the interest of facilitating an encounter with God.  (Incidentally, I include myself in this category, for now, though I hope to get semicha {rabbinic ordination}, eventually).

Be that as it is, Rabbi Cardozo’s approach to autonomy in Halachic decision making resonates for me.  I do not want to be confined by the Halachic codes, when there are better Halachic options available for facilitating my relationship with God.  The question is how to go about doing it.

I wonder if the solution could lie in a new model of Rabbinics.  Let’s imagine someone comes to a rabbi for a psaq (Halachic ruling) and that rabbi has a good general understanding of Halacha although not the expertise necessary to seek out nonstandard Halachic approaches on his own. The rabbi could do the research, prepare sources and then sit down with the questioner to learn them. This would empower the questioner in making his own informed decision.

Now it’s arguable that few rabbis have the time to do that kind of in depth study with someone who comes to them for a ruling.  Perhaps this could open the way for new field of Halachic advising to open up. (It could provide much needed work opportunities for underemployed rabbis.)

One other thought, before I go. The Kotzker Rebbe liked to say to his Hasidim, ‘Always ensure that your Shem Shamayim (intention) is really L’shem shamayim (sincere).’  A difficulty I foresee in people making autonomous Halachic decisions is that the danger of them having subconscious, ulterior motives for their Halachic decisions that have nothing to do with serving God Lishma (sincerely) even as they appear to be Lishma (sincere).  (This is not to say that these are bad people, only that they are human.)  I think it’s vital that one always act in consultation with someone else (male or female) who is learned in Halacha and who has sound judgement. This can act as a double-check on their decision making EVEN if the questioner has the expertise to do it on his own. That said, the final decision should rest with the questioner, as Rabbi Cardozo has outlined.