[Avodah] How Halakhah Changes

Rich, Joel JRich at sibson.com
Thu Oct 10 01:51:42 PDT 2019


Excerpt Recent correspondence:
> Sholom u'vracha,

> I ran across an article that was fascinating to me in The Lehrhaus. It
> strikes me that both of you might enjoy it.....What was particularly
> fascinating to me in this article, was being able to contrast two
> different classes/types of halachic change both regarding Tisha B'Av
> practices. One class-type results in bright-lines being drawn, the other
> seems to morph into an accepted minhag/halachic change of sorts.

> How Halakhah Changes: From Nahem to the "Tisha be-Av Kumzitz"
[ At http://bit.ly/2M4FUnm -mb]

I think this article pretty much comports with my delicate dance theory
of Halacha. Change generally must be seen as organic rather than being
forced from the outside in order for it to be generally accepted. Once
the change expands to larger populations the rabbinic class has to decide
whether to go with the flow, encourage it or try to stem it. That decision
will often be made on a very meta-basis. I used to think that this was
completely an artifact due to our lack of a Sanhedrin but it's been so
long I'm really not sure. Perhaps that was the reason that each tribe
had its own Sanhedrin and perhaps there was not uniformity but rather
1000 flowers bloomed (excuse the Chinese allusion)

GT
Joel Rich



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