Chazon Ish(Emuna and Bitachon 3:1-2): Moral imperatives are sometimes halachic issues. In such cases the halacha decides what is prohibited and what is permitted. For example it says in Bava Basra (21b) that teachers are not protected by laws against competition. If a community has truly dedicated teachers and then teachers come from another city - the natural response is not to be happy with the original teachers. Therefore there will be interest in hiring the new teachers and the established teachers will lose their livelihood. The natural response is for the established teachers to hate the new teachers and because of this hatred to try and find and to speak about defects and problems in the new teachers. It will degenerate to a point where the original teachers will make up slander and try to arouse mercy from the residents of the community against the cruel newcomers. This will result in disputes and controversy and at times revenge when they see an opportunity. All of this activity of the former teachers would appear to be justified and free of sin – if in fact the halacha was in agreement with them that they had the right to restrain the new teachers. It would be justifiable if the new teachers were sinners and had violated the halacha of the Torah. Thus the defense against the new teachers – based on moral principles – would not involve prohibited disputes or lashon harah or gratuitous hatred. Consequently it would seem that this is a fight for justice. But in fact the halacha has clearly decided that the governing principle is that jealousy of teachers leads to greater wisdom. This principle overrules the welfare of the individual teachers. Thus the newcomers are actually correct according to the halacha and those who fight against them are spilling innocent blood. The hatred of the original teachers against the newcomers in fact is violating the Torah principle of not hating one’s brother in your heart. When the old teachers speak badly about the new teachers they are violating the prohibition of lashon harah. When the old teachers rally the community to their side they are violating the principle of “not being like Korach.” When they take revenge against the new teachers they are violating the Torah principle of not taking revenge. When Bava Basra (21b) says that the old teachers cannot prevent the hiring of the new ones – many ethical principles are affected. 2) It is one of the obligations of the ethical person to try and establish in his heart this great principle. In every case where people harm each other, it is necessary to establish according to the halacha who is the aggressor and who is the victim. Focus entirely on the ethical consideration create a sensitivity and love for the victim and bitter anger to the aggressor. However there is great danger when this ethical consideration ignores the halacha which gives just the opposite understanding. In the eyes of halacha the pursuer becomes the pursued and the pursued becomes the pursuer. The only true understanding is that of halacha which has been transmitted to us by our Sages.
Sunday, May 31, 2009
Halacha supercedes ethical principles /Chazon Ish
Chazon Ish(Emuna and Bitachon 3:1-2): Moral imperatives are sometimes halachic issues. In such cases the halacha decides what is prohibited and what is permitted. For example it says in Bava Basra (21b) that teachers are not protected by laws against competition. If a community has truly dedicated teachers and then teachers come from another city - the natural response is not to be happy with the original teachers. Therefore there will be interest in hiring the new teachers and the established teachers will lose their livelihood. The natural response is for the established teachers to hate the new teachers and because of this hatred to try and find and to speak about defects and problems in the new teachers. It will degenerate to a point where the original teachers will make up slander and try to arouse mercy from the residents of the community against the cruel newcomers. This will result in disputes and controversy and at times revenge when they see an opportunity. All of this activity of the former teachers would appear to be justified and free of sin – if in fact the halacha was in agreement with them that they had the right to restrain the new teachers. It would be justifiable if the new teachers were sinners and had violated the halacha of the Torah. Thus the defense against the new teachers – based on moral principles – would not involve prohibited disputes or lashon harah or gratuitous hatred. Consequently it would seem that this is a fight for justice. But in fact the halacha has clearly decided that the governing principle is that jealousy of teachers leads to greater wisdom. This principle overrules the welfare of the individual teachers. Thus the newcomers are actually correct according to the halacha and those who fight against them are spilling innocent blood. The hatred of the original teachers against the newcomers in fact is violating the Torah principle of not hating one’s brother in your heart. When the old teachers speak badly about the new teachers they are violating the prohibition of lashon harah. When the old teachers rally the community to their side they are violating the principle of “not being like Korach.” When they take revenge against the new teachers they are violating the Torah principle of not taking revenge. When Bava Basra (21b) says that the old teachers cannot prevent the hiring of the new ones – many ethical principles are affected. 2) It is one of the obligations of the ethical person to try and establish in his heart this great principle. In every case where people harm each other, it is necessary to establish according to the halacha who is the aggressor and who is the victim. Focus entirely on the ethical consideration create a sensitivity and love for the victim and bitter anger to the aggressor. However there is great danger when this ethical consideration ignores the halacha which gives just the opposite understanding. In the eyes of halacha the pursuer becomes the pursued and the pursued becomes the pursuer. The only true understanding is that of halacha which has been transmitted to us by our Sages.
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This Chazon Ish needs to be defended from certain counter-examples in rishonim.
ReplyDeleteThere is a Rosh (forget exactly where) which uses the principle of אין חוטא ונשכר to be mechadesh a chiyuv mammon where it wouldn't exist otherwise from a technical point of view.