[Avodah] haskafa vs halacha

Eli Turkel eliturkel at gmail.com
Sat Jun 9 11:45:40 PDT 2007


Israel Medad writes

<Is the issue then halachic or...ideological haskafa?

Which brings me to the Shomer Emunim and the Muncatzcher approach.  In one
of his books, Pierkage (sp?)  traces this approach of "EY is too holy" but I
think we all know that history and the thinking of the Em HaBanim S'meicha
has shown how wrong-headed this was.  It is not a question of proper
analysis of sources but an attempt to fit the Halacha to an outlook.  The
same with the VaYoel Moshe who gets into exactly what the Sitra Achra knows,
wants, desires and forgets about HKBH and simple Torah.>>

Part of the problem is that everyone is sure that his side is halachah and
the other side is haskafa.
Sperber in the most recent volume (8) of Mihagei Yisrael  brings down
several rishonim that were very much against moving to EY. Maharm
mI-Rotenberg  has a teshuva strongly discouraging moving to EY. There is a
teshuva from chasideoi ashkenaz (R. Yehuha HaChasid?) prohibiting it in the
strongest terms.
Sperber's own interpretation is that in times when "aliyah" was popular like
the early baale hatosafot moving to Acco then teshuvot appeared in favor.
Later when the crusares were kicked out the teshuvot argued against it (and
not just on economic grounds but fundamentally). 100 years later when
conditions improved the Maharil was in favor.
Today each side quotes the poskim that agree with their stand and ignore
those on the other side.

Similarly with har habayit. As REMT has pointed out there is no mitzvah to
go to har habayit in the absence of a bet hamikdash. Hence, why take a
chance with karet?

On halacha there are 3 types of problems

1. hard problems - where there are strong reasons for doing 2 oppsite
activities and one has 2 decide between the alternatives

2. medium problem - one side is very important  and the other is less
important. Then one tries to find a heter (if needed) for the important
issue at the expense of the lesser issue.

3. minor issue - both sides are minor.

I remember hearing from RYBS that he refuse to discuss issues of the amount
of water needed for netillat yadaim. Giving modern homes why not be machmir?
He remembered from his youth the water boy going to the river to bring up
water. Then the question was importanr and so it might be important today in
rare circumstances but in everyday cases one should be machmir on the
grounds of why not?

Hence the question is why not be machmir on entering har habayit when there
is a question of karet? The only reason seems to be political rather than
halachic. This is probably why RAL does not support going up. Even R.
Shapira discourages going up as serving no purpose. The rabbanim that favor
it are generally members of the "yisrael hashlema movement" and so encourage
it for political reasons.

-- 
Eli Turkel
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