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Forum
-> Judaism
-> Halachic Questions and Discussions
amother
Maroon
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Thu, May 12 2016, 2:23 am
Please do not report this as kefirah, I mean it as an honest question that has been bothering me and I'm sure there must be an answer but I don't know enough to come to it myself.
There was a story in the news recently about a girl in India who was raped, and then a tribunal beat her for reporting it to the wrong people, or something like that. The article described the way this Indian culture handles such cases in a way that would be very shocking and disgusting to any modern western reader. But it wasn't so different than what Torah practice must have been like in ancient times - right down to making the girl and rapist get married and saying it's for her own good.
So we don't do it like that anymore. We evolved with the times I guess, found loopholes or something. And I think most people would say that is a good thing. Some might even bring this as proof that the Torah is beautifully timeless.
But in other things if someone suggests adapting our lifestyle to fit changing times, those same people who would not follow ancient rape laws would reject the idea of change, talk about how bad and ineffective Reform Judaism is, and so on.
So I'm a little confused about the role of change in Orthodox Judaism. If you identify more with reform then you are not the one I am asking and please do not reply to this thread. I am asking for the right wing orthodox people who keep halacha strictly, how do you explain why some things changed and you view that positively, while further suggestions of change are rejected.
Please keep it respectful.
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5mom
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Thu, May 12 2016, 2:40 am
You've stumbled onto THE question of contemporary Judaism. Just about every major issue in the religious world turns on this question. And we don't really have a perfect answer. Yes, it should be chachamim who do things lishma. But that's such a broad category.
There was major opposition to chassidus at first because it was such a deviation from traditional Judaism. 350 years later, it is a mainstream movement.
The best answer is that we do the best we can. If you look for consistency, you won't find it.
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Tablepoetry
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Thu, May 12 2016, 3:08 am
Educated male prominent rabbis decide what can change and what cannot.
That's why you have a patriarchal bias to halacha. You can't avoid it no matter what. Doesn't matter how sympathetic or sensitive these men may be, they are all men and view life through that lense.
And then we end up with a situation where Shabbat elevators are OK, selling chametz is the done thing, shnat shmitta has a million loopholes....but women's issues remain as they always were.
There doesn't seem to be a mainstream movement of Orthodox rabbis looking for find a loophole for agunot (why should there be even one aguna?) or a loophole for the fact that bc is always on the woman (why no loophole or mainstream heter for a c#ndom? Which would free women from the necessity to pump themselves with hormones? Why no loophole for a vascectomy, which would free women from the far more complicated tubal ligation, in cases where permanent bc is needed).
Bottom line is that the rabbis in charge decide what can change, and like any human being, they have their own agenda, their own bias, their own areas which interest them.
(sorry I know you requested to hear from the right-wingers but I couldn't help myself)
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