Subjectivity and Objectivity in Halacha: Part 1 - Foundations

Delivered at the OU Israel Center, 12 Iyar 5783 - May 3, 2023

Sponsored by Mrs. Vivian Brachfeld in loving memory of her brother, מנחם בן אברהם יהודה ז"ל, on his yahrzeit, 12 Iyar

Rabbi Manning's series for 2023 has been sponsored

לעילוי נשמת ברנה בת בנדית וזליג בן קלמן

• Halacha is primarily a legal system and, as such, aims to establish objective, rather than subjective principles.
• On the other hand there is always an element of subjectivity in the person presenting the she’ela and the specific circumstances of the halachic scenario.
• There will also be an inevitable (acceptable? desirable?) element of subjectivity in the character of the posek deciding the halacha - their training, personality and meta-halachic and hashkafic context.
• Secular law often aims to set objective standards - the proverbial ordinary and reasonable ‘man on the Clapham omnibus’. On the other hand, secular law is not a natural phenomenon; rather, it is shaped by social, political, and cultural forces.
• Over the next few shiurim we will examine certain topics which highlight aspects of objective and subjective approaches in halacha, such as the mitzva of beged ish, the question of smoking (especially on Yom Tov), the issue of habituation in sexual prohibitions and the concept of Dat Yehudit in the mitzva of tzniut.