The purpose of this series is to encourage the readers to become active participants in the process of Halakhic ruling and Jewish life, rather than being passive recipients.
Consider this question: How would a Jew, or more accurately, an Israelite or a Hebrew, deal with Halakhic questions in the time of Yehoshua, the judges, or the first temple? People lived in villages scattered all over Israel, and only major settlements had some sort of a court or judicial authority. Of Shemuel the prophet it is said that he traveled the land to dispense knowledge and judge among the people, meaning that most Israelites would see him once or twice a year. People did not have the luxury of opening a book or calling a rabbi, let alone the instant accessibility expected by the WhatsApp generation. I get many questions by email, but sometimes I can only answer the most time-sensitive and others have to wait a day or two. My readers know that I always get back to them, but once in a while someone would email or text and ask if I saw his previous email or text – from 10 minutes ago! What did people do when they did not have that instant availability, before Rabbi Google was ordained and before Wiki-Yeshiva was established? They found solutions to most of their problems on their own and referred to the court or to the spiritual leaders only when there was a pressing and complicated matter.
An excellent example of how the Halakhic system is plagued by overload and redundancy is Hanukkah. Hanukkah is not a biblical commandment, and there is no tractate in the Mishnah dedicated to its laws. The discussion of Hanukkah appears in the second chapter of tractate Shabbat in the Babylonian Talmud, as a digression from the discussion of Shabbat candles. The whole paragraph contains about 2,500 words, and when trimmed down to the essential laws of Hanukkah, the total is less than a thousand words. That means that the essential laws of Hanukkah can be summed up in one page, but with every passing year mountains of literature pile up around this holiday, and as a result we need abridged versions of these books. The rabbis keep lecturing on minute details of Hanukkah, but it is time to trust people that they know what needs to be done and to direct our efforts in studying and learning towards practical solutions and enhancing our Jewish experience.
In this series I would like to present the general rules of Halakhic thinking and encourage readers to take action and make decisions on their own. Yes, there will always be cases when you want to consult an expert or even ask for a second opinion, but those cases should be the minority. Additionally, when you make an informed decision regarding your observance of Mitzvoth, that observance is now imbued with a sense of responsibility and ownership, and you become more connected to your faith and tradition.
Quick Guide of Useful Halakhic Rules
The first and most important rule of being a posek and deciding on your own is a solid knowledge of the different levels and sources of Halakhic practice. It is a skill which might take years to develop, if you wish to have an intuitive feeling on the matter, or a “blink” moment, as Malcolm Gladwell describes it, but you can always do some research. Obviously, you will not conduct a thorough research before the performance of every Mitzvah or about the limits of every prohibition, but you can prioritize and choose a method of operation.
First, if you have a pressing problem and you do not have time to conduct the research, ask a rabbi. If the answer does not satisfy you, ask another rabbi, and another, until you find your answer. Don’t hesitate to press the rabbi for a second opinion. When he says that this or that is forbidden, and that is the only way to do it, ask if there is no other dissenting opinion. If he is honest, he will have to tell you about other opinions, and if he doesn’t tell you and you find out about it later, don’t ask him again. If you can Google the answer, do it. This, however, is like taking an antibiotic for an acute ear infection. You must take care of it now, but later try to look for alternative and preventive medicine. Asking the rabbi is the quick (hopefully) and immediate remedy, but if this matter is important to you and especially if it is a frequent problem, such as Eruv and Kashrut for globetrotting businessmen, take the time to learn its history and details.
The second step is to distinguish between the issues and concepts of Judaism with which you feel comfortable, and those which cause you unease or discomfort. Make a list of the latter and ask yourself which are the most pressing. You would also want to isolate theological problems and halakhic ones. The question of divine justice and why do good people suffer, despite all the promises in the Torah, should not be put under the same rubric of whether one can swim on Shabbat.
Once you have created a prioritized list of those pressing issues, start the research with the following question:
What is the origin of this law or practice?
For example, if you live in a community where all women, or the children of a deceased man, are not allowed to attend the funeral, ask when was the first time that this practice was mentioned and where.
You will have to determine whether the origin is (in descending order of importance):
1. Torah; 2. Torah narrative (non-halakhic parts); 3. Prophets and scriptures; 4. Mishnah; 5. Talmud; 6. Geonic period; 7. Early medieval period; 8. Late Medieval period; 9. Post renaissance; 10. Modern times.
You would also want to determine whether the practice originated in the Sephardic, Ashkenazi, Italian or other center of Jewish life, and whether it was an independent one or a reaction to a specific problem, such as many Ashkenazi rulings created as a reaction to the challenges of emancipation and enlightenment in Europe.
Last steps for today’s guide: Are there any parallel customs among non-Jews? Is it a kabbalistic or Hassidic tradition? And, how far back did my family or my community remember, or have documented evidence of this practice?
