Out of Bounds: Part 6--Modern Lenses
New Age New Change
The modern age has shown us some novel decisions to combat the new age. Fascinating analyses to further the development of halakha. It was the Rav at the Maimonides School in Boston that female talmudic learning began as well as bringing it to elite schooling university1. R’ Uziel took things much further years earlier regarding the status of women concluding that they could vote, testify as witnesses, and take office2. His revolutionariness was ridiculed yet was monumental in charting an equal path of observance between the sexes. Relying on this responsum, religious individuals accepted Mrs. Golda Meir’s election as the prime minister of Israel3. R’ Melamed has advocated for innovations prohibiting killing lice based on scientific evidence4 and permitting recorded music during the three weeks due to the effect of the radio5. R’ Sacks notes R’ Rabinovitch produced a novelty of blessing “hatov vehametiv” on the birth of a girl6.
R’ Feinstein was overtly opposed to other denominations but was sympathetic to secularists even allowing them to participate in the services as a member of the quorum and receive an Aliyah7. Only heretics were excluded from this permission8. The eruv has become increasingly common and accepted in most communities9. R’ Feinstein permitted shaking hands with a women10 but vehemently prohibited starting to smoke11. He realised it would be tough to stop the addiction. He pushed for those to stop. His opposition was due to the health deterrents. Most famously he permitted the drinking of non-supervised milk12. The strict regulations by the government provided scrutiny on dairy industries. He was also stringent against eating veal, proclaiming it to be causing suffering to an animal (tzaar ba’alei chaim)13. Based on his reasoning, it can be assumed that it was the present conditions of veal care and if those conditions changed it would be permissible to consume. He and the Chazon ish ridicule the Rashba for not accepting doctors’ opinions as fact14.
Technological advances have caused shifts in legal analysis. In regards to smoking R’ Ovadia Yosef writes since people find it unpleasant the conduct cannot be considered permitted due to the principle “satisfying to everyone”15. On the same principle He16 along with R’ Waldenberg17 argued one could shower with hot water during the festivals. Although these practices were examined by earlier authorities18, the technological advances in medicine have provided a review of condoned or condemned action to change in an authentic way. Prof. Broyde specifically states that social changes are valid but not principle changes19. In Israel R’ Goren permitted autopsies20. There were also a number of controversial cases where he intervened against popular opinion. The infamous Langer case had unfortunate repercussions for the social harmony between certain groups but he demonstrated he would deliver with his own creativity21. The modern age has effectively remained cognisant of society adapting to its growth.
Endnotes
1. See: Seth Farber, An American Orthodox Dreamer: Rabbi Joseph B. Soloveitchik and Boston’s Maimonides School. Hanover, NH: University Press of New England, 2003.↩
2. Rabbi Benzion Uziel: Women in Civic Life | jewishideas.org. See also: “The Halakhic Debate over Women in Public Life: Two Public Letters of Rav Abraham Ha-Kohen Kook & The Responsum of Rav BenZion Uziel On Women’s Suffrage and Representation” Trans. Zvi Zohar Edah 1:2.↩
3. R’ Shlomo Goren (“Maarav” interview 2:3 1988), R’ Shaul Israeli (Amud Hayimani 12:5) and R’ Yitzchak Isaac Herzog (Yad Harav Herzog 1:7) pp 85-91, and R’ Nahum Rabinovitch (Mesilot Bilvavam) and R’ Aharon Lichtenstein (Haisha Vichinucha pg. 158) permitted women to run for public office. For a full account read R’ Aryeh I. Frimer, Women in Communal Leadership Positions: Shul Presidents.↩.
4. Peninei Halakha: Shabbat 20:8.↩
5. Peninei Halakha: Zmanim 8:4.↩
6. Jonathan Sacks, “Creativity and Innovation in Halakha” Rabbinic Authority and Personal Autonomy ed. Moshe Sokol, Northvale, Jason Aronson, 1992 pp. 150-151.↩
7. Moshe Feinstein, 1959. Igrot Moshe. Yoreh De’ah 1, New York.↩
8. Moshe Feinstein, 1973a. Igrot Moshe. Orach Chaim 3:22-23, New York.↩
9. Halakhic Change vs. Demographic Change.↩
10. Moshe Feinstein, Igrot Moshe Orach Chaim 1:133, Even Haezer 1:56,4:32.↩
11. Moshe Feinstein Igrot Moshe Hoshen Mishpat 2:18.↩
12. Moshe Feinstein, Igrot Moshe. Yoreh De’ah 1:47, New York.↩
13. Moshe Feinstein, Igrot Moshe Even Haezer 92:2. Innovation does not necessitate leniencies. R’ Yishmael rebuked R’ Akiva’s deduction tendencies as dangerous (Sanhedrin 51b). Yet R’ Akiva’s deduction is a potential solution not the objective conclusion allowing for alternatives unlike the default unchanging traditional route.↩
14. Asher Benzion Buchman, “Rationality and Halacha: The Halacha L’Moshe MiSinai of Treifos” Hakirah 4 (2007).↩
15. Ovadia Yosef, Yabia Omer 5:39(3).↩
16. Ovadia Yosef, Yalkut Yosef (volume 5) in 511:10.↩
17. Eliezer Waldenburg, Tzitz Eliezer 11:64.↩
18. Tosafot Beitzah 21b s.v. lo yichamem. The Rema (OC 511:2) adopted Tosafot as the prevalent custom. Many Ashkenaz authorities have followed suit, see: Aruch HaShulchan (511:18) and Mishnah Berurah (OC 511:4). The Sephardic authorities are more lenient permitting showering. Reasoning and technology for some authorities has implied certain change
19. Halachic Responses to Sociological and Technological Change \ Rabbi Michael J. Broyde and Avi Wagner.↩
20. Shlomo Goren, Meorot, 2, 5740 (1980) pp. 5-17. Rav Uziel also permitted autopsies in his Mishpatei Uziel Yoreh Deah 28. See: Jonathan Rosman’s “Autopsies in the modern age” Journal of Halacha and Contemporary Society (2013).↩
21. Halachic Methodology of Rabbi Shlomo Goren Rabbi, Jonathan Ziring: Shelilat HaGolah, Names and Conversion.↩
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