[Avodah] Have you perhaps become more machmir or more meikil over time?

Micha Berger via Avodah avodah at lists.aishdas.org
Thu Mar 9 08:29:09 PST 2017


On Thu, Mar 09, 2017 at 12:25:08PM +0200, Eli Turkel via Avodah wrote:
:                                           I had assumed that we were using
: machmir and mekil in the usual colloquial sense. Machmir is one who takes
: the more stringent choice meaning prohibiting something.while mekil means
: choosing the lenient choice meaning being more permissive to the individual.

Two definitions, slightly different than each other, in both cases
verbs, not adjectives for posqim:

machmir:
    1- picking the side of broader issur or chiyuv
    2- picking the side the sho'el is less likely to want

(Meiqil is just v.v.)

For example, a feminist might ask about whether she and her friends are
mechuyavos to make a zimun when eating together. If the poseiq says indeed
she is, he is being machmir-1 because he is saying she is mechuyeves
in something another poseiq might deny. But the poseiq is also being
meiqil-2, because the sho'eles had gotten the answer she wanted.

There are communities in Y-m where the two definitions are roughly
anti-correlated. People are looking for ways to be mosir nefesh, even
their posers are looking for ways to look to others like they're being
mosir nefesh. And so, the broader the issur or chiyuv is defined, the
happier they'll be.

...
: regarding objectivity in psak see the following quote from RYBS
: 
:> ...I have undertaken the research into the halakhic phase of this problem,
:> which is fraught with grave political and social implications on the
:> highest level of public relations, with utmost care and seriousness. Yet, I
:> cannot lay claim to objectivity if the latter should signify the absence of
:> axiological premises and a completely emotionally detached attitude. The
:> halakhic inquiry, like any other cognitive theoretical performance, does
:> not start out from the point of absolutely zero as to sentimental attitudes
:> and value judgments...

But that value judgment, even that sentiment, should be coming from a
place of wanting to do Hashem's will. A Torah based axiology, even if
RYBS's Brisker heritage would mean he is less likely to speak about the
impact of aggadita on halachic decision-making.

To pre-empt the obvious objection: I am not speaking of da'as Torah,
that immersion in Torah makes one more capable to lead a community or
help guide decisionmaking when the unknowns are in metzi'us.

I am talking about immersion in Torah making one more capable of
interpreting Torah. Including ways that the poseiq himself cannot
articulate. The art of pesaq that one gets by osmosis through shimush
rabbanim, as well as the general feel for the big picture and then able
to say (as the Rambam did) "libi omer li".

A poseiq has to have a lot of yir'as Shamayim to guard against confusing
what he wants that big picture to be from what picture the Torah really
gives him. There is no algorithmic rule here.

Tir'u baTov!
-Micha

-- 
Micha Berger             Life is a stage and we are the actors,
micha at aishdas.org        but only some of us have the script.
http://www.aishdas.org               - Rav Menachem Nissel
Fax: (270) 514-1507



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