ETHICAL IMPERATIVE AND HALAKHIC INNOVATION

legal framework in which they lived they were able to resolve the moral problems that confronted them only by halakhic innovations.

Finally, what was the source of their authority to make such radical changes? We may consider the two following answers:

One is a reported discussion between two Talmudic scholars debating the question how rabbinic sages could make decisions which seemingly conflicted with the accepted halakhah. One scholar said that they were able to make these innovative decisions, because they were g'dolei haTorah(great rabbinic authorities). No, retorted the other, they were g'dolei haTorah because they made such decisions.

Rabbi Moses Isserles gave the following justification for this authority in a responsum thats warrant one of his own radical halakhic innovations:

“When new circumstances develop that were unknown to ancient authorities and there is the fear of ruination or prohibition that was not suppected in ancient times, it is certainly permitted to institute new enactments.”"’

Rabbis of every age were called upon to react with sensitivity to the ethical imperative of the suffering of their age. They instituted new enactments and halakhic innovations with the determination and courage to assuage the anguish of their distressed generation.”