Who Will Take upon Himself to Contradict the Shulḥan ‘Arukh? Mourning Suicide as a Case Study of Halakhic Authorities Leading the Process of Halakhic Change

Abstract

Abstract: This article presents a case study of a halakhic innovation led by Orthodox authorities: in a watershed ruling on mourning a suicide, the Ḥatam Sofer allowed families of suicides to mourn. The exemplar par excellence of Orthodoxy and coiner of its supposed motto “the novel is prohibited by the Torah,” Sofer headed a ruling both novel and permissive. Further, the bulk of his responsum is explicitly dedicated to confronting the Shulḥan ‘arukh . In our opinion, Sofer contended with a substantial challenge to the halakhic system presented by Saul Berlin in his controversial book, Besamim Rosh . We trace commonalities between Berlin and Sofer and note their differences. Consequently, we demonstrate how historical analysis must include rabbinic polemics and study their efforts to preserve the accountability and rationality of the Halakhah.