The Rabbi Answers a Question

Our community has grown in so many ways, including the most important one; its families are hungry for more Jewish knowledge. Nowhere is this more evident than a week before Pesach. The Rabbi’s phone is constantly ringing with ever more difficult and complex questions.

Today, people want more than an answer. They want to understand the why and how come of Judaism.  In fact, the resolution to their halachic query is not enough; they want to comprehend the evolutionary process of how the Rabbi arrived there. Therefore in brief…

Secular law is primarily concerned with who gets to make a decision. Hence the American system of governance is so structured that sharp disagreements between the Judiciary, the Legislature, and the Executive branch are inevitable. By contrast, Jewish law is far more interested in the substance of the decision. In theory, the outcome should not depend on the identity/personal predilections of the judge. Thus secular law asks who decides; Jewish law asks what is to be decided.

This explains why Halachic decision-making is not a matter of a holy Rabbi secluding himself in a room and getting a direct answer from G-d. Indeed, based on the verse, “It (the Torah) is not in Heaven,” the Talmud declares that Divine revelation is not a factor in determining Jewish law. Solid empirical grounding in the facts coupled with a reasoned application based upon primary texts is the only legitimate process.

The texts mentioned above are the Talmud and the Codes.  In its essence, these writings provide a core of principles. Like a snowball careening down a hill, the ball grows larger as each generation of Torah authorities apply these principles to new situations.

In truth, the Talmud rarely provides definitive halachic rules. It is rather a transcript of hundreds of years of debates, espousing a multiplicity of positions utilizing analysis, analogy, and proof-text.  Over the course of many centuries that continues until the present, responsa literature (a vast body comprising tens of thousands of volumes from every part of the world) directs these discussions to contemporary situations, thereby insuring that halacha remains a living, vital tradition.

Not every Rabbi engages in this process for every question. In daily practice, we do not reinvent the wheel. Instead, we rely on the decisions of the poskim (accepted authorities) of our day. Nevertheless, even then it is crucial that the local Rabbi completely grasps the facts on the ground.

In theory, halacha should not be subjective. However, in cases of genuine unresolved disagreement (by two or more authorities with different conclusions), the halachic system does contain the recognition of extenuating circumstances that may allow the consideration of other ‘extralegal’ factors. These include concepts such as, “Great financial loss, Situations of urgency, and Promotion of domestic tranquility in a marriage.” Obviously, the Rabbi with his nose buried in the books will not be sensitive to these extra-ordinary situations.

The burden of ferreting out the necessary information does not always depend on the right question being posed the congregant. At times, the Rabbi must figure out the question not being articulated.

Story: A woman once asked the Bais HaLevi (Rabbi Soloveichik) whether one could fulfill the obligation of the Four Cups at the Seder with milk. He answered in the negative and gave the woman funds to buy an entire Seder. His disciples asked why he awarded the lady more than the cost of the wine. He answered that if the woman plans to use milk, she obviously has no meat or chicken to serve at the Seder. He thus provided funds accordingly.  A Rabbi’s duty is to address the entire problem, or more accurately, the whole person. In other words, a Rabbi answers a questioner, not a question.

This is why an individual is obligated to develop a relationship with a Rabbi on a permanent rather than ad hoc basis, as it says, “Make for yourself a teacher.” (Ethics of our Fathers) The Rabbi’s awareness as to your personal life is crucial to the integrity of the ruling.
From this we see that halacha is a process. So unlike math where there can only be one answer, multiple halachic truths can co-exist as long as there is knowledge and commitment to the (1) Divine origin of the Torah, (2) use of authoritative texts, (3) accepted halachic methodology, and (4) a familiarity with the private issues facing the questioner. Thus any conclusion that the conscientious Rabbi arrives at will have the imprimatur of a valid psak (ruling). 

This is not to suggest that there is infinite flexibility in halacha. There is not. It is therefore improper to “shop around.” Indeed, this indiscriminate search for any authority has unfortunately resulted in a variety of Rabbis that may be characterized along the lines of the Four Sons of the Haggada:
(1) Wise: the Rabbi who knows how to ask the proper questions so that the appropriate analogies can be drawn. As one wise Rabbi already taught, “Shaalas chacham chatzi teshuvah - The question of a wise man is half the answer.” 
(2) Evil: the Rabbi who won’t admit he lacks the expertise to render a valid decision.
(3) Simple: the Rabbi who really does not understand all the issues. Sadly enough, he thinks he does.
(4) One who doesn’t even know to ask: the Rabbi, though learned, rules without delving into the particulars of the case.

Judaism encourages questions, even on the Rabbi’s part.  Hence the Rabbi is not trying to pry; he’s praying he gets the right answer. And that is why the Rabbi (and probably all Jews) answers a question…with a question.