Subjectivity in Halacha

Rabbi Berel Wein once told a story of a phone call he received at 10:30 p.m. The caller was asking a Halachic question of the esteemed rabbi.

Rabbi Wein answered his questioner with two points. First, “You have a lot of nerve calling so late in the evening.” And his second point was how could he answer his question of Jewish Law when he never had met that individual.

In Parshat Shoftim the authority given to the rabbis to decide matters of Jewish Law was granted. “According to the Torah that they shall teach you,” must be followed. “You may not turn to the right or to the left.”

Rabbi Wein was implying by his answer that there are instances, depending on the circumstances, where it could be possible to Pasken leniently. Particularly, when the origin of the law, is rabbinical based, there could be room for such leniencies.

For example, certain situations may even permit certain people from their obligation to fast on Yom Kippur. There could be times when a rabbi might rule that a struggling family may not have to give Maaser, a tithing of their income.

A rabbinic authority is allowed to judge each case on its own merits. There are times that when a Torah law is in place, there is no room for negotiation.

There is a principle that specifically involves leniencies in rabbinic law, when כבוד הבריות, showing respect to creations, is applicable. A qualified rabbi might permit a Baal Teshuva son to eat in his non-observant mother’s home. The rabbinic prohibition against eating her food, might be waived in specific cases.

If he knows that she went to the trouble of making sure that all food prepared is kosher, the Kavod Habriyot principle kicks in. It is more important not to offend his dear mother, in this particular case.

One should not decide such matters without consulting a proper rabbinic authority. But it is important to explain Rabbi Wein’s answer to his inconsiderate caller.