9349 —על מינויים רבניים, חקיקת עגונות, ושמירת ההלכה

Shalom u'Vrachah! [Tammuz 5727]

Regarding the content of your above letter: As for the two candidates for the position of dayan—since you remain in doubt, it is better to refrain and not get involved in the matter.

Regarding the proposal for legislation concerning agunot—in general, I believe it is correct, of course after deep consideration by several leading halachic authorities regarding its wording, timing of its writing, etc., and as you wrote—that at this stage you are only discussing the general concept. However, it remains a question how to absolutely prevent this from providing any support whatsoever to those who pressure to "renew" halachah and adapt it to contemporary reality and so on (which is contrary to the ruling of the Rambam that all reality exists only from His true existence). Unfortunately, among those who pressure are also some who are personally G‑d-fearing, etc., yet they turn this defense into a prosecution against Torah itself—whose foundation is that it shall not be changed, etc. And this is understood.

And since our generation is obsessed with publicity—it is certain that eventually these discussions will become public knowledge and everyone from your leaders down to your water-drawers will rule based on this; all the more so regarding his proposals in other mitzvos. And anyone who permits something for Israel may end up becoming a leader. And this too is understood.

If it is impossible to absolutely prevent this risk—I am doubtful whether the entire matter is worthwhile, because when there is certainty versus doubt (in benefit), certainty takes precedence.

Summary

The Rebbe advises caution in rabbinic appointments and legislative proposals affecting agunot. He stresses that halachah must not be adapted to fit modern realities and warns against actions that could inadvertently support such changes or lead to unintended authority shifts.