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Correspondence

December 2000

Exchange about Rabbi Soloveitchik's Views on Halacha's Inviolability (2000)

Halachik Method

1. Correspondent 7 to R. Lamm

1. Correspondent 7 to R. Lamm (Dec. 10, 2000)

1. Correspondent 7 to R. Lamm (Dec. 10, 2000)

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Outline

A Philosophy of Halacha that Depends on One Letter (1979)

Nat L is pos. L. (=sovereign's common). *NL = absol, univ'l, timeless. Immanent, ontological. *Euripedis (50 yrs before Plato) – discoverable, no gromulgatis *chtz... Islam: rutabila (NL) vs Ashariga *Hal? some – yes; others – no. (Karaites – yes). 2. יומא – אלה המצות – שאללמלא (פתא דין הוא שיינתב) תודותי – שהשטן משיב עליהם. appar'ly – NL – but Fox: after the fact. Saadia – שכלית/שמעית = NL/PL... 3. Rambam. מהר"ל – כן, אבל מתנגד. פוקסופאור – לא. 4. I: yes: guide 3:17 –
Halachik Method

Speech

The Halakhic Person and the Halakhic Process: Excerpts of the Concluding Portion of the Sheur Klali (1997)

His Personality: Civility. It emerges from the responsum that is the subject of this sheur that the local Rav, who referred the problem to R. Isaac Elchanan, had made a mistake; had he given the elderly couple who turned to him for guidance the right advice, the problem that so distressed the wife after her husband’s demise would never have arisen. Yet note how civil, even respectful, R. Isaac Elchanan is of this anonymous Rav: First—he lets him remain anonymous; he has no interest in exposing him to the opprobrium of his colleagues. Second, he does not insult him—no calling him an am ha-aretz, and no blistering attack demanding that he should have consulted him as a higher authority; and third, a special effort to interpret his actions in a favorable light. This is how a true gadol be’Yisrael acts—and how we too should conduct ourselves. The Halakhic Process. An important lesson to be learned from analysis of this responsum of R. Isaac Elchanan concerns the nature of the whole halakhic method. To put it into somewhat extreme forms, abandoning subtlety for the sake of clarity, there are two competing points of view: a) the halakhic process is totally objective and univocal; our purpose is but to discover the single halakhic truth, and to approach the question at hand utterly without prejudice or bias. b) the Halakha is what we want it to be; it is the formal dressing for rabbinic policy, whether explicit or implicit, conscious or unconscious. The responsum we studied belies both of these conflicting theses—each in a different way. The second view, that the Rabbis can make of the Halakha whatever they wish, is not only inconsistent with the whole history of Halakha, but it is pernicious in that it contradicts the most basic assumptions of the Halakha. It assumes an almost infinite plasticity on the part of the Halakha, and bears within itself serious antinomian consequences. If indeed, as the early Reformers and later their Conservative followers maintained, and is …
Halachik Method

Correspondence

Letter to Dr. Feldblum about Maimonides' View of Post-Second Temple Halacha (1970)

Dear Meyer Simcha: I am sorry that I had to leave early this past Sunday, in the midst of the remarks of the third speaker. But I am very pleased, indeed, that I had the opportunity to hear all your remarks in your lecture. I was fascinated by your theory of the Halakhah according to Maimonides, especially the concept that a conscious decision was made at the time of the destruction of the Temple to opt for the unity of the people at the expense of greater flexibility and fluidity in halakhic decision-making. If this theory can be substantiated, I think it will be a most important contribution to the philosophy of Halakhah.As you so rightly implied, the whole discussion is "dangerous," but that is no excuse for failing to confront it squarely even while being circumspect.I strongly urge you to write up your ideas, including both segments, the scholarly-historical, and the contemporary, and publish it. Until you do, I would very much appreciate receiving from you basic references, especially to Maimonides and any modern historians, to allow me my own satisfaction as to the basic validity of the idea.Once again, it was a genuine pleasure hearing you, and I do hope we shall have many opportunities to meet personally.Cordially yours,RABBI NORMAN LAMM
Halachik Method