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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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The Responsa of Rabbi Solomon B. Freehof

symbols on synagogue floors, he rejects the evidence from ancient synagogues even though he is aware of it. In Responsum no. 28 regarding whether Jewish doctors should inform patients that they are dying, Rabbi Freehof consults neither doctors nor medical journals. In Responsum no. 33 as to whether a Jew may be buried in a Christian cemetery, he consults neither archaeologists nor archaeological journals. Most blatantly, in a responsum on smoking published in 1977, he says thatif[smoking as harmful to health] is proved to be a fact, then Jewish law would be opposed. Had Rabbi Freehof consulted doctors or medical journals, he would have known that fact had been established long before 1977.%

Thirdly, the responsa themselves are much more traditional than one might expect. Of the 57 responsa in Reform Responsa, 46 have a clear psak halakhah(legal decision). Among those 46 responsa, 36(78 percent) are lenient and 10(22 percent) are strict. This is not surprising. What is surprising is that 24 of the 36 lenient responsa(66 percent) are based on sources.

Thus, for example, Rabbi Freehof allows a memorial service on Shabbat (no. 2), basing himself on Shibolei Haleket, Responsa Izapihit Bidvash, and the Kol Bo. And he allows a congregational meeting on Shabbat provided no minutes are taken(no. 8), basing himself on Shab. 150a, Rambam , Rosh, Shulhan Arukh, and Responsa Lekha Shelomo.

On the other hand, five of the lenient responsa contradict the halakhic sources. Thus, for example, after quoting many sources that say that a husband should not recite kaddish and yizkor for his first wife(no. 39), Rabbi Freehof states that a husband should not do so. But he then adds:If, however, his first wife had no children and there is no one to say kaddish for her, then the husband may say kaddish in the absence of his second wife, but may have no yahrzeit light in the house.® In a responsum regarding the adoption of non­Jewish children(no. 47), he rules against the halakhah and requires no immersion or circumcision, basing himself on the CCAR position,