[Avodah] Precedent and Change

[Micha Berger]

I see a number of kinds of halachic change.

The first is a change in metzius that makes what seems to be the same
situation warrant a totally different pesaq.

This is what the CC argued in defending Beis Yaakov. Because girls were
getting general education, the amount of Torah they are supposed to
learn in order to grow up into shomerei Torah umitzvos has dramatically
increased. The pesaq didn't change, the girl did.

The second is changes performed through the halachic process.

This in turn can be subdivided in a number of ways:

Chiluq 1: Pure chumros vs pesaqim that include an element of qulah.
Pure chumros would require a lower threashold of proof, as no one is
violating the earlier pesaq, "merely" making life more difficult for
everyone.

Chiluq 2: Conscious changes of pesaq vs post-facto justifications of
changed norm.

On Thu, Mar 08, 2007 at 03:03:00PM -0500, Jonathan Baker wrote:
: Mussar, if anything, was a change, in transforming behavior-modification
: therapy into "limud Torah".

Cognitive behavioral therapy. Qabbalos are only a small part of Mussar.
It is also not quite fair to use the term therapy, which has been
associated with maximizing one's ability to accomplish one's own goals
for Mussar, which is about maximizing one's ability to be holy as
defined by the Torah.

But how is this a *halachic* change? Did Mussar change a pesaq?

:                                                  Similarly, in the case
: of the Chasidim that didn't happen - the Vilna Gaon reportedly refused
: to see emissaries from the Chasidim.  And so, the Chasidim didn't feel
: bound by the Godol Hador.

Actually, the Gra's charamim post-dated his aborted attempt to make
aliyah. It is even plausible that the Gra turned back because he didn't
like what he saw traveling through Poland and thought he needed to
"save" Litta.

Not the same as actually talking to the people involved to get clarity,
but not as extreme as you draw it.

...
: If the Gedolim don't try, avoid secular education, avoid scientific
: training, how do you think the Gedolim will "get a handle on it"?
: Miraculous ruach hakodesh, like the late Lubavitcher Rebbe?  Oh, right,
: he *did* have scientific and secular training.

The gedolim of yesteryear had at least informal education in limudei
chol. The CI's nephew spoke of the many hours the CI spent in his
European years satisfying his curiousity about medicine. MmE III has a
recollection of his father getting him to read Uncle Tom's Cabin. RSRH
confused this encouragement in Vilozhin with an actual TIDE curriculum,
and writes in a te'udas ishur that his followers donate to V as a fellow
traveller on a TIDE-like path.

Then there is the phenomenon RJJB writes of: formal limudei chol education
-- the number of gedolim who attended university in the early 20th cent,
the Alter of Kelm's gymnasia etc...

: If the Gedolim refuse to confront change, and deal with it constructively,
: the amcha feel justifed in finding smaller rabbis who are willing to
: deal with it constructively...

I'm confused. This presumes that following one's own rav rather than
"the gedolim" requires justification. Following the biggest names when
one's rav doesn't find it necessary (eg inyanei yuchsin, or they lack
competency of the subject, etc...), is the chiddush requiring a burden
of proof.

Tir'u baTov!
-mi

-- 
Micha Berger             When memories exceed dreams,
micha at aishdas.org        The end is near.
http://www.aishdas.org                   - Rav Moshe Sherer
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