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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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Writing Responsa: A Personal Journey

the historical and sociological reasons for that decision may not be valid for us. Among the talmudic scholars, we may choose someone whom the tradition rejected. Among thecodes, we may, on occasion prefer the path of Maimonides or Alfasi when there is a moral Justification.

We are prepared to open old discussions and sometimes follow them to different conclusions aware that the circumstances of our time may call for that direction.(2) The ethical imperatives of feminism, sexual orientation, disabilities lead us to a different view of the tradition. In these areas we have made a break with the past.

My decisions may agree or differ from some Orthodox decissors; either way, the underlying reasoning is often quite different as I, along with many others, consciously view the specific issue raised through the lens of tradition along with ethical concerns, history, sociology, economics, and related factors.

My view is that change is possible and that we must be open to experimentation. We link ourselves to the tradition and the past, but we do not replicate it. My colleagues and I reject Moses Sofer s assumption that all change is wrong. When conditions demand I am willing to embrace change even knowing that a later generation for its own good and valid reasons may reject it. This may well lead to more positive than negative halakhic decisions

For me the divine impulse underlying the halakhah remains the same. The past with its grand scholarship and literature is a vast reservoir from which we drink. We enter into debate with the scholars of previous generations, with due deference, but the decisions must reflect our own age. Reform precedent along with the resolutions of our movement, of course, always play a significant role in decisions.

Any decision, especially if made in writing places the author on the firing line. A safer path has been selected by many modern Orthodox scholars who state that their decisions represent academic discussions, but are not to be followed in practical life. Although this may avoid attack, allow a trial balloon, and permit a graceful