Having discussed the important place occupied by Rabbi Ovadia Yosef in Israeli society and disaporique, we consider it essential to dig into what the halakha as supported by the Rabbi Ovadia Yosef is a dimension that could be described without emphasis of "revolutionary".
For this, the sources most relevant is the doctoral thesis has produced Binyamin Lau which was published in 2005 as a very interesting book: Mi-ad Maran Maran: Mishnato ha- Hilkhatit shel HaRav Ovadia Yosef (From our Master our Teacher, the teaching of Rav Ovadia Yosef halakhic).
Book that has been analyzed and reviewed by Professor Marc Shapiro in an article that we have already mentioned in the previous post.
As Marc Shapiro, Lau drew a parallel between Rabbi Yosef Karo, author of Shulhan Aruch and nicknamed "Maran" (Our Master) used by the houses of study. It is a fact, when using a noun to denote a generic individual, it becomes a great mark of honor and respect. - Professor in Formula 1, Alain Prost
- If you are told in Football "Player", your choice does that Pele or Maradona necking
- Lehavdil (in another context), the Rabbi is a majority of Jews, Menachem Mendel Schneerson, the Lubavitcher Rebbe
- When one says "Rabbi," that there becomes more complex, but basically in the Zionist-religious everybody understands that we are talking of Rav Kook ; among modern-orthodox, everyone understands that speaks of Rabbi JD Soloveitchik .
short, call Rabbi Ovadia Yosef therefore "Maran" is very daring, but what is even more remarkable is that it does not shock, demonstrating that the comparison is tenable.
What is the justification in terms of halachic system that Rabbi Ovadia Yosef is well regarded? A sentence of Prof. Shapiro provides a good introduction (in English translation done by me, sorry for any problems):
"If one thinks in the long-term, there is no doubt as to the fact that R. Ovadia Yosef is the largest figure since Sephardic R. Joseph Karo, and it is quite legitimate to claim that "Yosef (Karo) to Yosef (Ovadia), it does it is not lifted as Yosef." Unlike other Guedolim who were his contemporaries and which were truly giants in their time, as R. Moshe Feinstein and R. Shlomo Zalman Auerbach, R. Ovadia is not only a giant in his generation, because of the profound change of course in the history of the Torah, both from a sociological point of view that religious, that his work has provoked "
Let's go now into the specifics of the halakhic system of Rav Ovadia.
The trend Koula
One of the great modern trends (say for 3 centuries) of the Halakha, certainly in part linked to the emancipation of the Jews, is the uninterrupted use of the Houmra , ie the rigor in Halakha. This amounts in practice to favor the strict option compared to a more permissive option but still falls within the criteria of strict halakha.
One example of this trend is the story of Chmirat keHilkhata Shabbat. This magnificent work of Rav Neuwirth Halachot of the Sabbath was first published in a first edition. Very balanced, very clear, it was a reference book on the subject.
However, some cases reported by Rav Neuwirth appeared to some as overly permissive. Pressure from Orthodox circles being what it is in Israel, a second edition was published in which many changes were made, mainly to seek to "avoid" what was "allowed" in the first edition.
Do not go by the more stringent opinion is unfortunately often viewed as evidence of laxity which it is impossible to trust.
To overcome this situation, it must satisfy two conditions:
- a genius of halakha so that it can not be faulted on pure analysis
- be impervious to criticism of the haredi community
Rav Ovadia Yosef responds brilliantly to these two conditions. First, as we have already explained, it has often positioned in opposition to the Ashkenazi haredi world. Disagreeing with them on matters of halakha not ask him no more problem than that. And so it is an expert in halakha whose main characteristic is to have a photographic memory and never forget any opinion, even that of a wave of Turkish decision-middle age.
Some examples of decisions "flowing" famously
- Gelatin as everyone thinks, is not kosher. And in this popular belief following the decisions of Rav Aharon Kotler of Rav Moshe Feinstein and the entire American Orthodox community. Rabbi Ovadia Yosef (Yabi Omer, vol.8, Yore Dea No. 11) slice the gelatin is kosher, including that comes from pigs! (In this he does in fact follow a Rashi ultra-famous, but it is still a revolution).
- It authorizes, under certain conditions, the use of a dishwasher only for milk and meat (Yabi Omer, vol.10, Yore Dea No. 4) . So he just walk on Techouvot.com to see that the rabbis of this site strictly prohibited.
- Something unthinkable in France or the United States: give hashgaha (rabbinical supervision) to a restaurant that would serve meat (kosher of course ...) and propose desserts! Rabbi Ovadia authorizes (Yabi Omer vol.4, Yore Dea No. 7) . The idea is to minimize some more serious transgressions kosher: if this restaurant was not hasgaha, it could go up to offer non-kosher meat ...
- Rabbi Ovadia is a rare decision to allow or even encourage Bat Mitzvah celebrations, regardless of whether it would be considered a compromise to some ideas from the "Reformed Judaism"
- On numerous occasions, Rabbi Ovadia Yosef opposes certain "psakim" based on the idea that "in order not to risk that XXX so we banned YYY ". For example, some makers like Rav Halevi (former Chief Rabbi of Tel Aviv) were forbidden to wear electronic watches Shabbat, lest they should come to fiddle with the buttons and make a prohibited action. Rabbi Ovadia Yosef is opposed to this idea and suggests that action, if it is itself authorized (Shabbat wear a watch) should not be banned because of possible risk subsequent transgression. The "right" to use this concept, according to Rabbi Ovadia, being reserved for sages of the Talmud and at all subsequent decision makers (Yehavé Daat, 2:49)
As everyone knows, there is obviously an exception that proves the rule. Rabbi Ovadia Yosef regarding the exception is certainly the best known its views on wigs for married women: he does not and that the headscarf.
supremacy Shulchan Aruch:
Another specific halakhic system of Rav Yosef and perhaps more controversial than the first is the importance it attaches to the Shulchan Aruch written by Rabbi Yosef Karo the 16th century.
Let us be clear: the Shulchan Aruch is a monument of Jewish history to the point that serves as a benchmark in the epistemological categorization decision. Those who wrote the Shulchan Aruch before are called Rishonim (Early). Those who are called after writing Akharonim (Latest). This work has therefore a central role in determining the halakha.
But of all time, starting with the Polish Rabbi Moshe Isserles (the Rama) , local traditions have always prevailed. And when halakha was practiced for hundreds of years in a given country, the opinion of Shulhan Aroulh it was opposed, was not always followed.
is a major issue for the establishment of Halakha: contrary to what some may believe, the halacha is not an absolute legal system based on inferences and logical. In any case, it's not that. It is also a lifestyle that takes into account the "Massor" ie the chain of transmission from a master to his pupil, a father to his son in a village city or country. Therefore
example, Yemeni Jews to follow the halachic decisions of today Maimonides. Why? Because they have not been in contact with Maimonides after the subsequent decision, including the Shulhan Arukh and from generation to generation, these are the commentaries of Maimonides which the force of law among the Jews there. It's sometimes strange to ask for water, but boiled then cooled on a hot plate for Shabbat is strictly forbidden for all Jews around the world. Except for the Yemenite Jews, who follow the opinion of the Rambam, it authorizes.
In this, even the strictest practitioners recognize that the Halakha Yemeni practice is completely consistent with the practice of Halakha: the moment they decision based on a prestigious and it is an old tradition, one is in the essence of the practice of mitzvot.
Returning to Rabbi Ovadia Yosef, that will always give primacy to the Shulhan Arukh is somehow revolutionary, but for some in the negative sense, as it sometimes led to the cancellation of old traditions halakhic .
One example among many. In many communities in North Africa, women light the Shabbat candles in the following manner: they light the candles first, then put their hands over their eyes reciting the beracha "Acher Kidechanou Bemitsvotav veTsivanou lehadlik shel Shabbat NER. This is a review of known Rama that uses this practice in order to light candles before Shabbat does not fit, it being understood that the blessings which come Shabbat and therefore the ban on lighting fire.
This practice is contrary to the advice given by the Shulchan Aruch which indicates that, like any act that requires a blessing, it must precede action. Similarly we do a blessing before eating a fruit, we must also recite it before lighting the candles. Rabbi Ovadia Yosef brilliantly removes the problem of whether we can turn when there has already come Shabbat, but it clearly goes against traditional practices that communities are very attached, however, including those of his own country of origin: Iraq.
Another example: Rabbi Ovadia Yosef forbids a woman to recite a blessing over a Mitzvah shehazeman grama (which depends on time). For example, reciting the blessing of the Lulav and 4 species during Sukkot is not an obligation for women to the extent that this Mitzvah is time dependent. They are not obliged to, it is a fact. But can they still recite the blessing if they are so? In many countries
Sephardic, it was customary that women can actually recite the blessing over the Lulav. Rabbi Ovadia Yosef rejects this historical tradition and even indicates that it is a case of Beracha levatala (pronounced God's name in vain).
It is substance. On the form, the distribution of Rav Ovadia Yosef and his "team" (as called Marc Shapiro) is extraordinary: sidourim including publication of the decisions of the Rabbi, his son by writing several volumes equivalent to a new Shulhan Arukh including major decisions of Rabbi Ovadia Yosef, etc., etc. ...
Hence the penetration of very important choices made by Rabbi Ovadia in the daily lives of hundreds of thousands of Jews around the world.
Hence also, some began to organize resistance within the traditional North African. The Rabbi Shalom Messas , former Chief Rabbi of Jerusalem and per 
e of the current Grand Rabbi of Paris, has long been the main center of resistance of Moroccan traditions: in several of his works, including the famous Shemesh or Magen , Rav Messas insists that Morocco should continue to follow the traditions of Moroccan received his parents and his teachers, even if his life were to continue in the land of Israel. And of course, in many cases, we talk about Halachot on which Rabbi Ovadia Yosef ruled differently ...
For Tunisia, was recently published a book extremely serious and well documented on the Tunisian Halachot own Judaism. The Alei Hadas, Rabbi David of Settbon , first published in Hebrew, then translated into French, lists all the customs and Halachot specific Tunisian world, taking care to always rely on written sources or oral communications made by the main detailed wise Tunisian current (as Rabbi Mazuz example).
be found for example in the Alei Hadas in fact the Jewish Tunisian always had the habit of lighting candles before Shabbat blessing. Or that the Tunisian Jews have the right to cut their hair the same day of Lag B'Omer, unlike other prevailing opinion who think that we can do that tomorrow.
short, we feel these strong reactions that the work of Rabbi Ovadia Yosef has created an earthquake in sociological practice of Judaism in intimate many Jews.
Critics
addition to the items discussed above, there is a topic that has not been addressed by Binyamin Lau in his thesis, but that is raised most acutely by Professor Marc Shapiro.
In short, his criticism on the Halachic system covers lack of overall consistency halakhic system of Rav Ovadia Yosef.
What seems strange because just said that what characterizes Rabbi Ovadia Yosef, is his reference to the systematic Shulhan Arukh, which, if not brilliant in any case is consistent and, as we have seen, revolutionary.
But Rabbi Ovadia Yosef, despite his constant declarations of commitment to the Shulhan Arukh, sometimes exceptions that prove numerous enough and ultimately uplifting.
Among them:
- Rav Ovadia Yosef allowed to eat out a dish cooked by a non-Jew but the fire was lit by a Jew. The Shulhan Arukh request additional conditions (which by the way are absolutely not respected in almost all French kosher restaurants, which rely on the decision willingly Rav Ovadia)
- It indicates that the Hazan must pronounce the word " Yevarekhekha "so that the Kohanim repeat the word, while the use indicated by the Shulhan Aruch has it that the Cohanim starting with this word, while the first word of Hazan is the name of God, who succeeded him
numerous exceptions are found in the work of Rav Ovadia Yosef, but more disturbing is that it gives no explanation for these discrepancies. More generally, the approach of Rav Ovadia Yosef in his psakim is to accumulate a way unimaginable sources and policy makers involved on a given topic, then end with a Psak but we do not always know the ins and outs in terms of logical articulation. Marc Shapiro goes
further by explaining that in his view, the memory capacity of Rabbi Ovadia Yosef, if it is astounding, never replace a "Lithuanian" analytical capacity to make sometimes make a subject a conceptual leap that would require us to change of perspective.
As Einstein was able to do about gravity, Shapiro believes that such figures as Rabbi Soloveitchik and Rav Kotler have this type of intellectual ability so fundamental in the world of big names or exact sciences. While Rabbi Ovadia Yosef is playing in any other category.
Between technical phenomenon (because of its resemblance to a computer able to ingest and render a huge amount of knowledge) and political polemicist (I once heard a teacher explain that in some ways, Rabbi Ovadia Yosef was sometimes Psakim "political"), it is in all cases a very specific figure of the Jewish world today, finally attachante.Et enough as it is said, whose works have halachic implications for much longer. Highly contested position on the possibility of making the territories in exchange for a serious peace certainly resurface in a few years and who knows, could be one of the main keys to lead to a final settlement the current conflict.
After making his "pride" for the Sephardim, he might just offer peace to the Jewish people, who knows ...
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