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- Bemare Habazak - Rabbis Questions
Answer: Last time, we cited sources and reasons not to answer such questions. Now we will explain why we answer a minority of such questions and relate to others.
Questions of consistency on this topic go way back. Many of the "fathers" of the prohibition to answer questions about conflicts without hearing both sides seem to violate it in other teshuvot. Perhaps the most important compilation of distinctions is found in the Pitchei Teshuva, Choshen Mishpat 17:11, upon which much of the below is based.
First, it is standard, recommended practice for dayanim who are unsure of the proper ruling to send the case’s details to get a greater authority’s opinion (Shulchan Aruch, CM 14:1). The dayanim are responsible for presenting the claims accurately and ruling; the expert may rely on them.
The Me’il Tzedaka (53) cites sources and a broad practice for atalmid chacham to answer when he knows the querier and is confident he wants to know the truth and will not formulate false claims. (The Me’il Tzedaka rejects this leniency unless the respondent believes the case does not apply to the querier.)
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
219 - Answering Monetary Questions – part I
220 - Answering Monetary Questions – part II
221 - Garbage Disposal on Shabbat
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Another type of case where some permit discussion is where the question relates to general halachic issues and not to factual background about which everyone agrees (Shut HaRama 112). In a related justification, poskim will often also say that they are not suggesting a ruling for the case, but are just explaining gemarot or general halachic issues to interested parties, and it is not their responsibility what conclusion those who now understand the halachic topic will say about their case.
The Pitchei Teshuva also cites an exception when the question is about which beit din has jurisdiction. The logic is that the alternative of addressing the matter formally before beit din does not apply if they cannot agree on a beit din.
While some of the cases where we are lenient are based on one of the above, our most common justification to express tentative opinionsis in cases where there are not clear litigants. (Most of the sources discuss those who are or are expected to be litigants.) For example, a person does not want to go to beit din and is happy to pay or forgo the money if he is wrong. We often say: "We cannot tell you that you are right, but only if you are wrong" (see Living the Halachic Process, vol. I, J-1), and even then only when we know the person or have indications that he is sincere on this point. When it appears that someone wants to adjudicate, and we feel that he will create enemies and head/heart aches with a small chance of winning, we often will advise in general terms (and with a lack of certainty) that he would be wise to drop the matter.
The above are some of our guidelines. We request of those who turn to us: if you believe you belong to the exception, not the rule, and we are not convinced, respect our right to be more machmir than you were expecting or are used to. We think this is proper for an organization serving anonymous people about whose circumstances we know little and which runs a Beit Din which pursues ethical excellence, including impartiality, even when the advice-seeker wants answers.
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
