[Avodah] Deputy Ministers
Micha Berger
micha at aishdas.org
Tue Aug 27 14:43:25 PDT 2024
On Sun, Aug 25, 2024 at 05:24:51AM +0000, Joseph Kaplan via Avodah wrote:
> This just kicks the can down the road a bit by requiring us to decide what
> is "significant change." ...
But I didn't make it about the size of the change. Rather the kind of
change involved:
>> I think it's rarely a real change. In the vast majority of cases,
>> we recognize the precedent as binding. We instead note a change in
>> circumstances that mean something significant change that makes that
>> apparent precedent as irrelevent. And that the already existing halakhah
>> needs to be applied to a new case -- which produces a new outcome.
More like what RJK writes about in his earlier response to RnTK:
> >> Putting aside my friend Toby's political opinions which, unsurprisingly,
> >> differ from mine, I'm happy to see that we agree that halacha can change
> >> with the times and circumstances.
I am saying that halakhah can change with the circumstances, which change
with the times. There is much less indication that halakhah can change
directly with the times, eg a shift in values.
Admittedly, that line is blurry. Because a shift in values can change
people's reactions. Is granting women aliyos a direct response to
feminism, or is it a new kavod haberiyos issue for women who now are
offended at something their grandmothers wouldn't have been?
(There I think there is another matter in play... Even if the latter,
the poseiq has to decide whether the better response is to
1- respect her call for kavod or
2- because we could never mitigate every difference in gender roles in
halakhah, or that they are part of halachic theory, the better response
is to not accomodate the change and force a realignment of values.
But that's a whole different discussion, and one we've had many times
before.)
Tir'u baTov!
-Micha
--
Micha Berger Life isn't about finding yourself
http://www.aishdas.org/asp Life is about creating yourself.
Author: Widen Your Tent - Bernard Shaw
- https://amzn.to/2JRxnDF
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