The Conceits of “Consensus” in Halakhic Rhetoric

April 6, 2014 Jewish Law / Halakha, YUTOPIA's 10th Year Anniversary

Introduction

Regular readers of halakhic literature will inevitably encounter appeals to “consensus,” either of a select sample of halakhic decisiors, frequently using the Hebrew idiom “rov poskim,” or of a community’s popular perceptions.1 The distinguishing characteristic of these appeals to consensus is that the legitimacy or rejection of an opinion is not determined by intrinsic, objective, qualifiable criteria or its merits, but by its adoption by certain people.2 The primary premise of such arguments is that unanimity or a plurality of agreement among a given collective is halakhically binding on the Jewish population3 and cannot be further contested or subject to review. 1

Appeals to consensus are common and relatively simple to assert, but those who rely on consensus rarely if ever acknowledge, address, or defend, the assumptions inherent with the invoking of consensus as a source – if not the determinant – of practical Jewish law. As I will demonstrate, appeals to consensus are laden with problematic logical and halakhic assumptions such that while “consensus” may constitute one factor in determining a specific psak, it is not nearly the definitive halakhic criterion its proponents would like to believe.

Notes:

  1. Alternative or contradictory opinions may be suggested, but only with the caveat they remain theoretical and are not to be implemented in practice. ↩
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It’s Time

March 22, 2014 Personal

Dear Friends and Loyal Readers,
In shul this past Shabbat I formally announced my intentions to the community to step down as Rabbi of The Stanton St. Shul with the intentions of making Aliyah this summer. 1 For those who know me the decision to make Aliyah itself should not be surprising. It’s something I’ve wanted to do for a while, my immediate family is all there, and of course it’s a religious obligation. 2 But making Aliyah is still a huge step. It’s probably the only time where you can give up a career, family, friends, security, and the entire life you knew for a completely uncertain future and people will still wish you “Mazal Tov” for doing so. 3 The question for me is less a matter of “why” than it is “why now?”

Notes:

  1. Ideally on the August 11th Nefesh B’Nefesh charter flight from JFK, though I’ve learned from experience nothing is final until it’s in writing. ↩
  2. See M. Ketubot 13:11 and B. Ketubot 110b. For an interesting halakhic fact, according to Rabbinic Judaism the halakhic consequence for a woman not wanting to make Aliyah with her husband is that she gets divorced and loses her entitlement to her husband’s estate as defined in her ketubah. This is the exact same consequence if a married woman goes out without a head covering (M. Ketubot 7:6). While it is undoubtedly easier to put on a hat than it is to move to another country, women’s head covering has ironically become an identifier of religious commitment among Orthodox Jews, at least in America. ↩
  3. Tell your parents you’re going to become a rodeo clown and see how that works. ↩
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Segulot Simmanim and Superstition Unit

March 6, 2014 Current Jewish Questions

As part of my Current Jewish Questions podcast series I recently dedicated a four part segment to the subject of Segulot, Simmanim, and Superstitions in an attempt to define the boundaries and limits for various forms of folk religion in Rabbinic Judaism. While I was unable to come to a definitive conclusion, these classes should nevertheless be of interest for those interested in the subject and its underlying theological questions.



Ep. 146 Current Jewish Questions 45 – Segulot, Simmanim, and Superstitions 4

March 5, 2014 Current Jewish Questions, Rabbinic Thought and Theology

In the final installment of the Segulot, Simmanim, and Superstition series, Rabbi Yuter addresses the difficulties in distinguishing between permitted and forbidden folk rituals in Rabbinic law.

Segulot, Simmanim, and Superstitions 4 Sources (PDF)

Segulot, Simmanim, and Superstitions 4

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