Minimise the prohibition: Understanding Halachic Decision-Making

Delivered by Johnny Solomon at Barnet Synagogue Tikun Leil Shavuot 5763

CASE 1: GIVING HIM PERMISSION TO SMOKE?

Rabbi Hayim David Halevi (1924-1998) was the Sefardi Chief Rabbi of Tel Aviv. He was asked many halachic questions and these questions were published with his answers in his sets of responsa called Asseh Lecha Rav and Mayim Chayim. In Asseh Lecha Rav, Vol. 3, question no. 25, he records that he was asked the following question:

A man who had smoked for some years made a vow not to smoke again. However, he has recently been wanting to start smoking again. He has approached his local Beit Din and asked them to annul his vow. What should they do?

How would you rule on this case? What halachic principles would you use in your answer?

CASE 2: A KOSHER TREIF RESTAURANT?

Rabbi Moshe Feinstein (1895-1986) was one of the greatest Rabbis of the 20th century. He was asked countless questions on many complex halachic matters. These questions were published with his answers in his set of responsa called Iggrot Moshe. In the section of Yoreh Deah (which discusses the laws of Kashrut, Charity, Mourning and many other matters) Vol. 1 question no. 52, he records that he was asked the following question by another rabbi who was the Av Beit Din (the head of the Jewish Court) of the Mexican Jewish community:

The Mexican Jewish community has a Jewish sports centre. Inside the sports centre, there is a restaurant that sells non-kosher food (hamburgers) and is also open on Shabbat. The Av Beit Din of Mexico wants the owner to sell kosher food and close on Shabbat. If he does this, the restaurant will be given a Kashrut licence. The owner of the restaurant has responded back to him by saying Ill sell kosher food, and will even close on Shabbat, but I must insist that I am able to provide ice cream and milk shakes desserts for all of my customers who ask for them. Can the Rabbi give this restaurant a Kashrut licence if he agrees to the condition?

How would you answer this question? How do you think Rabbi Moshe Feinstein answered this question?

CASE 3: A TRAIN TO SHUL?

Rabbi Ben Zion Uziel (1880-1953) was the Sefardi Chief Rabbi of Israel. He was asked many halachic questions and these questions were published with his answers in his set of responsa called Mishpatei Uziel. In the section of Orach Chaim (which discusses the laws of prayer, Shabbat and Yom Tov) Vol. 1 question no. 9 and Vol. 2 no. 41, he records that he was asked the following question:

It is the 1930s in Bombay, India. Many Jews live far away from the shul and have asked whether they are allowed to travel to shul by tram on Shabbat and Yom Tov? The tram is driven by a non-Jew; no stops are specifically made to pick up Jewish passengers; the tram goes through predominantly non-Jewish areas and the Jewish passengers dont have to pay a fare or carry a ticket.

How would you rule on this case? What halachic principles would you use in your answer?

CASE 4: THE RELIGIOUS SOLDIER?

Rabbi Nachum Rabinovitz is a contemporary Rabbi in Israel who is the head of the Yeshivah Birkat Moshe which is in the town of Maale Adumim. His Yeshivah is a Hesder Yeshivahthat is, the Israeli students that study there combine their army service with Torah learning for a 5 year period. He has written a book of responsa called Melomdei Milchama which deals with the halachic questions religious soldiers face whilst on active duty. In question no. 11, he is asked:

Is it permissible to switch duties with an irreligious soldier so that the irreligious soldier does the duties on Shabbat, and the religious soldier does them on weekdays?

How would you answer this question? How do you think Rabbi Rabinovitz answered this question? What halachic principles are involved?

CASE 5: THE IMMODEST WEDDING

Rabbi Ovadia Yosef (born in 1920) is the former Sefardi Chief Rabbi of Israel. Over the years he has been asked thousands of questions and has published them with his answers in his sets of responsa called Yechaveh Daat and Yabia Omer. In Yabia Omer, Vol. 3, in the section of Even HaEzer (which discusses the laws of marriage and divorce) question no. 10, he records that he was asked the following question by another rabbi:

When I perform weddings in my community, the brides are often wearing very inappropriate dresses that do not in any way conform to the rules of modesty found in Judaism. I am considering stopping to marry such people unless they are prepared to wear more appropriate clothes. What do you think I should do?

If you were Rabbi Ovadia Yosef, how would you respond to this question? Make sure that your answer contains a strong halachic argument!

CASE 6: SHOULD YOU REPORT CARELESS DRIVERS?

Rabbi Yitzchak Yaakov Weiss (1902-1989) served as an Av Beit Din in Romania, Manchester and Jerusalem. In being in so many different communities, he was asked thousands of halachic questions and published these with his answers in his set of responsa called Minchat Yitzchak. In Vol. 8 question no. 148 he is asked the following question:

Is it permissible to report to the police a careless driver who threatens the lives of other people? If the person is prosecuted, they are generally fined or have their licence suspended for a period of time.

What halachic principles are involved in the solution of this question? How do you think Dayan Weiss answered this question?