[Avodah] Rabbi not answering a question

[Chana Luntz]

RJR writes:

<Question about a statement made in a shiur that there were some questions
that a rabbi shouldn?t answer but let the person do as they will. I wasn?t
clear as to whether that was based on the thought that the person would not
listen or some other basis. What I would want to understand is if someone
comes in asking for a psak why is it preferable not to tell him what we
understand God?s will to be?>

There are at least three  halachic concepts that directly relate to this:

a) mutav sheyihu shogegain v'al heyhyu mezidin (see Beitza 30a) - if you
suspect that they will not follow the halacha anyway ,better that they do it
out of ignorance and do not sin deliberately;

b) Halacha v'ain morin ken - a concept that is used at least seven times in
the Talmud (see Shabbat 12b, Eruvin 7a, Beitza 28b, Baba Kama 30b, Avodah
Zara 37b and  Menachot 37b).  Over simplistically - the concept of halacha
v'ain morin ken is used in circumstances where there are significant risks
of misunderstanding whether wilful or otherwise, with, usually, the
potential consequence of more significant breach of the halacha.  This
differs from the above in that it is not so much in relation to the
particular matter being asked about, but as a knock on effect, e.g.
something might be derived, or understood from what is said that leads to
other actions being taken that are incorrect; and

c) that the particular person is not able to handle the answer.  While this
comes up mostly in relation to women (the Torah will be turned to tiflut)
there is also a concept of a (male) student who is not hegon and should not
be taught Torah until he returns to good (see Yoreh Deah siman 146 si#if 7).
Your assumption is that the question is necessarily a matter of yes/no psak,
but it might not be.  It might be a question that takes you more deeply into
the sugya, and hence the Rabbi might not answer because they do not think
the questioner has the ability to handle the answer or will handle it
correctly.

>Kt

>Joel rich

Regards

Chana