[Avodah] Halacha vs. Policy - Poll re: Who To Marry

[T613K at aol.com]

From: rabbirichwolpoe at gmail.com
To: "Daniel Eidensohn"  <yadmoshe at 012.net.il>,   


> The truth is not this  way. Rambam (Hilchos Issurei Bi'ah 12:7-8)
> states that even though  sexual relations with a non-Jewish maidservant
> is only a rabbinic  prohibition he rules that, "this sin even though
> it is not punished by  capital punishment from the court should not be
> viewed lightly. That is  because there is a loss associated with sexual
> relations with a nonJew  which you don't find in the violation of all
> the other prohibited sexual  relations. [--RDE citing Rambam]

>> My question -- which is  essentially academic -- is this a meta-Halachic
consideration or straight  basic Halachah? <<


KT
RRW 



>>>>>
I do not believe this can possibly be a halachic teshuvah -- IOW it MUST be 
 meta-halachic -- because no true halachic shailah can ever be couched in 
these  terms:  "Rabbi, I have absolutely made up my mind to sin and I want 
you to  tell me which sin to commit, sin A or sin B."  No halachic teshuvah 
could  ever be rendered to any such phoney shailah.  No posek could ever 
pasken  that a Jew should commit a sin.  (He could give advice, but not a  psak.)
 
(A completely different case would be one where a person says, "If I have  
to take a sick child to the hospital on Shabbos, should I do this or should 
I do  that?"  Because there, there is no actual chillul Shabbos since the 
halacha  itself says that pikuach nefesh comes first, and so even if it is 
preferable,  say, to take a taxi rather than drive your own car, the actual 
shailah is not  "What sin should I commit?")
 

--Toby  Katz
==========

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