Rabbinic will > halachic way
Posted 03 March 2016 - 07:20 AM
Posted 03 March 2016 - 08:58 AM
I think R. Aharon Lichtenstein put it best:
llustrations apart, however, the cogency and legitimacy of a “human” approach to pesak, appears, to many, problematic. They would have us believe that the ideal posek is a faceless and heartless supercomputer into whom all of the relevant data is fed and who then produces the right answer. Should this standard not be met, the shortfall is to be regarded as a failing, the lamentable result of human frailty—in Bacon’s terms, a manifestation of the besetting “idols” which hamper and hinder the capacity for reasoned judgment. On this reading, the process of pesika, properly conceived and executed, bears no semblance to an existential encounter between seeker and respondent. It entails, rather, the application of text to problem, the coupling of code and situation. This conception does not necessarily preclude reckoning with the specific circumstances of the question and questioner, as these may very well be part of the relevant objective data. The prevailing tendency, however, would be to dwarf this factor; and as to the human aspect of the meshiv, that would be obviated entirely. He, for his part, is to be animated by the precept that “we do not have mercy in judgment,” and hence, to pass on the merits of the issue with imperviously stony objectivity.
Purist proponents of this approach often cry it up as the “frum” view of pesika. In reality, however, this portrait of a posek is mere caricature, limned by those who, at most, kar’u ve-shanu, but certainly lo shimshu. As anyone who has been privileged to observe gedolim at close hand can readily attest, they approach pesak doubly animated by responsibility to halakha and sensitivity to human concerns. The balance between norm and need may be variously struck. There certainly are ideological differences among posekim over how much weight to assign the human factor—although, as Rav Avraham Schapira once noted, the classical meshivim are likely to be among the more lenient, inasmuch as inquirers are disinclined to turn to mahmirim. In principle, however, recognition of this factor is the rule rather than the exception; and responsa include frank acknowledgments of this theme.
- Indigo is maskim
Posted 03 March 2016 - 09:27 AM
- Indigo is maskim
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