[Avodah] tora of convicts

[Micha Berger via Avodah]

RGS posted a link to <http://bit.ly/28MJQrs> on Torah Musings:

   Jewish Action
   HALACHAH AND THE FALLEN RABBI:
   Q & A WITH RABBI HERSHEL SCHACHTER
   JA Mag | June 4, 2015 in Jewish Law
   By Avrohom Gordimer

   ...
   Jewish Action: Can one still follow the piskei halachah of a fallen
   rabbi?

   Rabbi Schachter: No. The pasuk in Navi (Malachi 2:7), as expounded by
   the gemara (Moed Katan 17a), says that a Torah teacher must be sinless
   and righteous like a malach (angel). According to the Torah, we only
   follow a rabbi's ruling if he properly models Torah behavior. If he is
   a ba'al aveirah, if he knowingly violates Biblical or rabbinic laws,
   he is not qualified to teach and render halachic rulings. When members
   of the public become aware of his improper behavior, they may no longer
   rely on his judgment for any rulings, unless it can be verified that
   such rulings were rendered before the rabbi's sinful conduct began.
   Since it is often not possible to ascertain when these rulings were
   rendered, one should ask another rabbi for a new pesak.

   Although people use [Marcus] Jastrow's [Aramaic] dictionary [for
   Talmudic and Midrashic terminology], and I was told that Jastrow
   was not Orthodox, that is different because that is an issue of
   translation, not pesak (halachic adjudication). For a pesak, a rabbi
   needs to consider all issues before him, and weigh and evaluate them.
   It is very different than mere translation. To issue halachic rulings,
   one must be part of the chachmei haMesorah (Torah scholars who follow
   the Torah's traditions). A rabbi who sins, especially if he commits
   a crime, is certainly not in this category.

   JA: What does one do with the sefarim written by such a rabbi?

   RS: They should not be used. Since his sefarim include his ideas and
   rulings, they fit into the prohibition against studying Torah from
   someone who is unfit due to his improper behavior. Any time someone
   writes a sefer, he fleshes out and resolves apparently contradictory
   passages. This is called being machria--providing one's own resolutions
   in Torah study. The type of person we are discussing is not qualified
   to be machria and, therefore, his sefarim cannot be used. If it can
   be verified that the sefarim and the halachic rulings were issued
   before this person's sinful behavior began, only then can they be
   relied upon and quoted.

   JA: Can we/should we continue to cite divrei Torah in his name?

   RS: We are not allowed to do so. The gemara (Avodah Zarah 35b) says
   that if a rabbi violates halachah, one cannot say divrei Torah in his
   name. The statements found in the Talmud in the name of Elisha Ben
   Abuya were made when he was still committed to Torah observance and
   belief (see Tosafot, Sotah 12b). If it would appear that the books and
   articles of the fallen rabbi were written before he began his sinful
   behavior, they may be used.
   ...

This follows something we've noticed about RHS's position in the past. He
holds that pesaq involves the poseiq's full Weltenschaung. To the extent
that someone should be looking to posqim from his own camp in particular.

>From Kol haMevaser (a school machashav newspaper from YU), 2010, by "Staff"
http://www.kolhamevaser.com/2010/07/an-interview-with-rabbi-hershel-schachter

   An Interview with Rabbi Hershel Schachter
   ...
   Who is qualified to give a pesak Halakhah (halakhic ruling)? What makes
   his ruling binding upon a large group of people?

   ...
   A person has to have a strong tradition in Torah logic. Common
   sense has its own system of logic and so does Halachah. And to know
   Talmudic, halachic logic, you have to be learned in all areas of
   Torah. A posek cannot "specialize" in one area of Halachah alone. In
   order to be an expert in medical Halachah, you have to know Nashim,
   Nezikin, Kodashim, and Tohoros, because everything in Halachah is
   interconnected and interrelated.


   ...
   Which characteristics should a person look for when choosing a
   personal/family posek? Is it appropriate to choose one posek for one
   area of Halakhah and another for a different area? Is it problematic,
   halakhically or otherwise, for someone to ask she'eilot to a rabbi
   other than the leader of his or her shul/kehillah?

   The Mishnah says "aseh lecha rav" - you have to pick a rav to
   paskn all of your she'eilos. He has to first and foremost be very
   knowledgeable....

   Second, he has to be humble. The Gemara says that we paskn like the
   Beis Hillel against the Beis Shammai, because, among other reasons,
   the Beis Hillel were more humble than the Beis Shammai...

   He also has to be an honest person. Sometimes you have a rabbi who is
   a politician and says one thing to one person and another thing to a
   different person, giving everyone the answer that he wants to hear.
   That is obviously inappropriate.

   Finally, he must be a yere Shamayim (God-fearer). The Gemara talks
   about why the pesakim of talmidei chachamim are binding and says
   that it is because "sod Hashem li-yere'av" - God gives the secrets of
   understanding the Torah to those who fear Him. Usually, we assume that
   the more learned one is, the more yir'as Shamayim he has. If, however,
   the rabbi of my choice is very learned but seems, unfortunately,
   to lack yir'as Shamayim, he is not ra'ui (worthy) to receive divine
   assistance in figuring out what the dinim are.

And one off-topic teaser:

   What does it mean that koah de-hetteira adif (the power of
   permissibility is greater) and how does one apply that rule? How does
   this principle accord with concepts like ha-mahamir, tavo alav berakhah
   (blessing should descend upon the stringent) and yere Shamayim yetse
   yedei sheneihem (a God-fearer tries to fulfill both)? When, if ever,
   is it a good idea to take upon oneself a personal humra (stricture)?

(REMT already posted the same answer here years ago...)

Also, there is <http://www.yutorah.org/lectures/lecture.cfm/807758>, which
RET brought to the chevrah's attention in Feb 2014 and RAM transcribed
parts of. But then we were talking about that shiur's primary subject --
"Da'as Torah - What are its Halachic Parameters in Non-Halachic Issues?"

Tir'u baTov!
-Micha

-- 
Micha Berger             "Fortunate indeed, is the man who takes
micha at aishdas.org        exactly the right measure of himself,  and
http://www.aishdas.org   holds a just balance between what he can
Fax: (270) 514-1507      acquire and what he can use." - Peter Latham