Druckschrift 
Beyond the letter of the law : essays on diversity in the halakhah in honor of Moshe Zemer / edited by Walter Jacob
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84 Peter Knobel

that the halakhah is the crystallization of the aggadah, then it is time to reopen halakhah by the restoration of a primary role to aggadah What renders a position Jewish is not the conclusion, but the fact that it 1s derived from a serious engagement with sacred texts. Joel Roth reminds us thatthere are two theological assumptions entailed in a commitment to the halakhic process, and they are:(1) that the grundnorm is a reflection of the word and will of God ; and that(2) the sages of the Torah are the sole legitimate interpreters of the grundnorm.'® It does not commit us to a particular view of revelation nor does it limit who may be considered a sage. It does commit us to the concept that we are seeking to comprehend, however imperfectly, the Divine will through Judaic experts committed to this theological task. Progressive halakhic work places our practice, whether ritual or ethical, within the historical framework of Jewish decision making, whether it is accepted by our own community or other Jewish religious communities. It also becomes a resource for future decision making. Both Progressive responsa and Progressive reflections on methodology allow others to enter into the historical conversation. Professor Mark Washofskys brilliant responsumOn Homosexual Marriage," with whose conclusion I strongly disagree, has permitted us to understand what is at stake. Allowing both majority and minority positions a full hearing enabled the CCAR to better determine how to take a position that upholds Torah . It is possible for us to consider whether resisting change or abrogating a previously established position upholds the will of God .

Rabbi Simeon Maslin in Gates of the Season declares that the burden of proof is upon those who wish to abandon a practice, not those who wish to maintain. Like any legal system, the halakhah has inherent conservatism. Therefore, the purpose of amendment or abrogation should be undertaken only when necessary to make the whole Torah more authoritative.

The thrust of my current thinking may be summarized as follows: Our task is the recovery of a halakhic mode of thinking in