[Avodah] L'sheim shmayim

[Ben Bradley via Avodah]

'It is extremely dangerous to attempt to use non-halakhic elements of
Torah in a way that gives them primacy over the halakha.'

I don't think that is what R' Micha is doing. The mitzvos such as kedoshim tihyu and v'asisa hatov v'hayashar are not non-halakhic in the sense of being like aggadeta. Using aggedata to try to trump established halachos would be incorrect. Rather these and other similar pesukim explicitly give the value system by which the whole of Torah functions. As such they are part of the framework of Torah which informs the way Chazal darshan pesukim and thus arrive at the deoraisa details of mitzvos.  Most often that's implicit but there are plenty of explicit examples in the gemara of value based pesukim being part of the cheshbon at the expense of what looks otherwise like the ikar hadin, in particular dracheha darchei noam is cited.
I.e. such pesukim are not non-halachic, they are meta-halachic.
Or to put it another way the system of halacha doesn't and can not operate in an ethical vacuum, even if we sometimes struggle to get how the value system underlies invidual sugyas or details of sugyas. We ignore meta-halachic pesukim at our peril.

Ben
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