Masorti Viewpoints — On Being Lenient By Rabbi Chaim Weiner One of the central features of the Jewish religion is that it is much more than a system of beliefs. Judaism is a way of life. Religious observance holds a central place in the Jewish tradition. The Halacha, the traditional code of Jewish law, is central to the life of any religious Jew. The Halacha is also a central feature of Masorti Judaism. We pride ourselves in being a halachic movement. Halachic practice holds a central place in our synagogues. There is also a movement-wide Law Committee which decides on Jewish law, and provides halachic guidance for the movement as a whole. The halacha is important for both Orthodox and Masorti Jews. However, there is difference approach to halacha between the two movements. People frequently point out that within the Masorti movement there is a tendency towards halachic leniency. This is frequently stated as an accusation - as if in the Masorti Movement we are lenient because Halacha is not taken seriously, or that we always look for the easy way out. It is true that leniency is an important principle in Masorti Halacha. There are good reasons for this. In order to understand this principle it is important to say a few words about the halachic system as a whole. The sources of Jewish law are found in the Torah, the Mishnah and the Talmud. By definition, the Halacha is made up of the valid conclusions of the debates and discussions of the Babylonian Talmud. This is a system of legal discussion which developed over hundreds of years. In addition to the Talmud there are hundreds of commentaries that were written by important rabbis in many centres around the world and over a long period of time. It is a mistake to think of the Halacha as some kind of closed book. There are those who think that you can take any halachic question and enter it in to the ‘Jewish Sources Machine’ - and one single answer will come out. The fact is that deciding Halacha in any given case is a complicated process. Halachic decisors, known as Poskim , take many different things into consideration when making a halachic decision. It is not enough to just know Jewish law; in addition it is important to know the exact circumstances of the case being discussed and also to understand the context in which the question is being asked. The Posek himself, with his understanding of the world and his values, also has an input into the halachic process. From here we can easily understand that there is never one clear answer to any halachic question. The answer will depend on a lot of different factors, not least the world view of the rabbi who is making the decision. The main reason for differences in Halacha between the Orthodox and Masorti movements is because there is a basic difference between the way that Orthodox and Masorti rabbis understand the world and the place of Jews within it. Some Orthodox authorities see the modern world and its liberal values as a threat. It is important for them to create barriers between the Jewish community and the modern world. This world view manifests itself in their halachic decisions. The Masorti Movement has always placed importance on the way that a Jew is integrated into modern life. A Masorti Posek is not interested in creating barriers between the Jew and the world. Quite the opposite. It is important for the Masorti Posek to enable a Jew to become part of the world at large. Because of this tendency, the decisions of Masorti Poskim will seem more aligned to the values of the modern world. For the outsider, it will appear as if these decisions are more lenient because there is less dissonance between the Jew and the world around him. From our point of view, this isn’t about leniency but about making the right decisions. The tendency towards leniency is not a new invention of Masorti Rabbis. There is a long and well established tradition that sees leniency as a value. We have been told that: עץ חיים היא למחזיקים בה - ‘the Torah is a tree of life for all those who hold on to it.’ As a guide to life there is value to understanding the Torah in a way that enables you to live your life to the fullest. One can find this idea expressed by many halachic authorities. The 13th century scholar Menachem HaMeiri expressed it this way: ‘Whenever a halachic problem is brought before a scholar and he can rule leniently … He should not feign piety and search out too many stringencies, but rather take pity on the money of the Jewish people for the Torah takes pity on the money of the Jewish people.’ [Beit HaBechira, Hullin 49b] Rabbi Yehiel Epstein, the author of Aruch HaShulchan (19th Century) expressed it this way: ‘When a question of ritual comes before you, you must first assume that it is permitted, and only if after studying the early authorities you do not find any possibility for leniency, only then are you obligated to forbid it. Unfortunately, I know many rabbis who are great scholars, but since their awe is greater than their wisdom they first rule on a question out of the systematic assumption that it is surely unkosher and forbidden and thus they frequently stumble and cause monetary losses to a Jew, which is a greater sin than one between man and God.’ [Sarei HaMelech, Vol. 6. P. 112] The point of the Torah is not to make life difficult. Jewish life is not an obstacle course and there is no value in creating obstacles for their own sake. It is not a question of whether one is lenient or one is strict; it isn’t about life being easy or difficult. Our goal is to live a life of meaning and to fulfil God’s will in this world and thereby become better people and create a better society. How lenient or strict you are has very little to do with that. See David Golinkin: Halakhah for our Time for further examples and more information on Masorti/Conservative Halacha in general. These quotes are taken from this booklet. Rabbi Chaim Weiner is Av Bet Din of the European Masorti Bet Din and the Director of Masorti Europe Please note that we aim to provide articles of interest around issues of Jewish Law and that you should consult your local rabbi if any there are any issues raised that need clarification or further explanation.
Posted on: Fri, 04 Oct 2013 10:38:49 +0000
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