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Rabbi Eliezer Melamed (PHOTO: YESHIVAT HAR BRACHA)

The writer of a responsum, in contrast Melamed embeds his halachic material Jews, and there are, at present, no
to the codifier, begins with a specific within an ideological framework. near competitors. It is also true, of
person asking a specific question Although every ruling is based on course, that codification, by its very
under specific circumstances. The halachic precedent, there is no doubt nature, cuts off and narrows halachic
questioner is almost never a layperson, that his ideology frames and shapes possibilities – a process that inevitably
but rather a fellow rabbi consulting the halachic content. For this reason, generates deserved criticism. However,
with a greater expert. Responsa people – Chareidim, for instance – who history has shown us that the most
contain argumentation and rhetoric; do not espouse the same ideological successful criticisms of halachic codes
their goal is not to state the law as commitments, have not received are not the ones that discouraged their
much as it is to persuade readers. They Peninei Halachah with the same use, but the ones that comment on the
marshal the facts and sources that enthusiasm as those in the Religious
pertain to the case and offer an answer Zionist community. More recently, text itself. This is the path of Ra’avad,
that might have been very different if when Rav Melamed articulated Rema, Shach, Taz, and Mishnah Berurah.
just one variable is tweaked. Codes, in certain ideological positions – Perhaps opponents of Peninei Halachah
contrast, aim to guide the behavior of specifically, concerning how to relate would be better served by publishing
all users, regardless of circumstances. to non-Orthodox movements and what editions with marginal notes and
Responsa are finely tailored; codes are Israel’s conversion policy ought to be objections, in accordance with ancient
‘one-size-fits-all.’ It is therefore easy – that are more strongly associated Jewish tradition.
to understand why codes, in general, with the center-left of the Israeli
meet with resistance, especially on the political map, some on the hard right Rabbi Elli Fischer is an independent writer,
part of elite scholars. of the Religious Zionist spectrum have translator, and rabbi. Previously, he was
Much of the criticism of Peninei expressed opposition to the entire the JLIC rabbi and campus educator at the
University of Maryland. He holds BA and MS
Halachah follows the pattern of Peninei Halachah project. One writer degrees from Yeshiva University, rabbinical
opposition to halachic codes more went as far as to call Rav Melamed ordination from Israel’s Chief Rabbinate,
generally. The codification of sensitive, a liberal “Trojan horse” in Israel’s and is working toward a doctorate in Jewish
case-by-case realms of halachah is a nationalist camp. It is criticisms like History at Tel Aviv University. He is editor of
recurring theme in the criticism of this that seem to cross the line from Rabbi Eliezer Melamed’s Peninei Halachah
Peninei Halachah, as is the claim that its collegial disagreement to ad hominem series in English and cofounder of HaMapah,
rulings are too sweeping and preclude attacks. a project that applies quantitative analysis
individuation. It seems, however, that this sort of to rabbinic literature. He is a founding
Beyond these, there are distinctive criticism has arrived too late. Peninei editor of The Lehrhaus, a web magazine
features of Peninei Halachah that both Halachah has already been accepted of contemporary Jewish thought, and his
contribute to its popularity and fuel as the de facto halachic code for a writing has appeared in numerous Jewish
opposition to it. As mentioned, Rav significant community of practicing publications.

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