Power to the People
In the last several posts I presented references to almost sixty cases where the poskim accept the common practice as halakha. There are many other cases, but I focused on cases where people chose to be what is perceived as lenient. The amazing concept which runs through all these rulings is that the poskim recognize the power of the community to change halakha and make decision. This concept has been voided in the twentieth century by the argument that the common practice is only accepted if approved by rabbinic authorities and if it does not contradict the established halakha. The main proponent of this argument was R. Avraham Yeshayahu Karelitz, aka the Hazon Ish (ironically, the Hazon Ish himself introduced many new practices with no solid halakhic basis, which have now become a cornerstone of the Yeshiva world’s legal codex.)
Arguing that the common practice is valid only under rabbinic supervision renders it powerless and meaningless, and a careful examination of the many examples I cited will show that the rabbis do not initiate the practice. The best example for such a case is the responsum of R. Moshe Iserels (ch. 124), aka the Rema, in which he defends the practice of Moravian Jews to drink wine made by Christians.
In this part of the series I would like to show what happens when the people are stripped of their power to decide halakhic issues, and why has this trend developed in the twentieth century, and I will start with one of the most poignant analyses of the current halakhic process. This critical analysis is not part of a halakhic book but rather a collection of short stories by Shalom Auslander, titled “Beware of God”. The title is somewhat provocative and has to do with Auslander’s harsh encounter with religion as a member of the tightknit community of Monsey, New York, and the son of a disciplinarian father.
In the story “It Ain’t Easy Bein’ Supreme” (pp.177-194) Auslander describes a man, Epstein, who after attending Kabbalah classes decides to build a Golem to serve him. The Golem is formed from clay and after Epstein places on his forehead a note with holy words it comes to life. The Golem quickly takes upon itself most of the chores and records all details of his master’s commandments in a notebook it calls Epstein’s Laws. After a while, Epstein decides to create another Golem, so he could be worry-free, but he is surprised to find out that the opposite happened. Since the second Golem joined the workforce, nothing has been taken care of. After several days, as the garbage and the laundry pile up, Epstein goes down to the basement to talk to the Golems. He finds them standing surrounded by dirty garments and engaged in lively conversation (pp. 186-187):
“Epstein clearly said to separate whites and colors,” said Golem One.
“I don’t disagree with that,” said Golem Two. “I disagree with how you interpret the word ‘colors.’ You hold that any amount of color constitutes color, whereas I hold that it has to be a significant amount of color.”
…”But what is a significant amount of color?” asked Golem One.
Golem Two cited Notebook 4, page 42 of Epstein’s Laws concerning taking out the garbage, wherein the garbage being “significantly” full meant that the lid could not be closed. According to Golem Two, significant therefore meant a majority of or a predominance of. Golem One argued that garbage was a different ruling entirely because it depended on the day of the week – that is, the time the garbage was picked up – not an amount of garbage, as was the issue in the case of the dirty laundry.”
Auslander packs a lot into this brilliant piece, and we will unpack it tomorrow, but for now, let me leave you with a question about laundry (if you never did the laundry, please consult someone who did, or does): Why is there no guidebook which one can consult regarding the clear rules of separation of white and colored garments?
