Between Leniency and Strictness

This week on the Jewish calendar is the period between Rosh HaShannah, the Jewish New Year, and Yom Kippur, the day of atonement. It is a week of reflection, and one topic that I have been reviewing is חומרא וקולא (chumrah v’kulah), the practice of being stringent or lenient when it comes to matters of Jewish law and custom. The question of being strict or not often comes up when there is a doubt as to what one should do. In such a case, one may want to be strict so as to prevent a transgression. Certainly, in matters of secular law, it can be prudent to be stringent so as not to accidentally violate the law. This is the perspective of Rabbi Luzzatto, who states that the purpose of a חומרא, a stringency, is to not come close to violating a prohibition (שלא יפגע באיסור עצמו) by creating some distance (ירחק).

Often in matters of rabbinic interpretation, we are lenient when there is a doubt, and moreover, there are times when being strict can in fact be foolish or cause one to miss out on opportunities in life. After all, G-d created the world for us to enjoy; we should push back on positions that add restrictions unnecessarily or prevent us from enjoying the created world. In the Jerusalem Talmud (ירושלמי ברכות פרק ב ושבת פרק א), we see the view of חזקיה who pointedly states that one who is allowed to do something but embraces an opinion that prohibits it is a הדיוט. Here in the Talmud, we can understand הדיוט to be someone not versed in the nuances of Jewish law or a layperson. The root comes from Greek, where it is derived from ἴδιος, which later in English takes on a derogatory meaning (an idiot).

I want to note that the rabbis involved in this conversation are all concerned with how others perceive someone’s actions. Even Rabbi Luzzato counsels leniency when it might lead others into the sin of mocking a person for being stringent; in these cases, one should be modest. It would seem that when a stringency is personal or helpful to the individual, then it is something that can be considered (channeling the earlier Greek meaning of ἴδιος: “self”, “private”, or “personal”). However, when it comes to immodest stringencies, it warrants deep reflection on the impacts a חומרא may have on our interpersonal relationships. For example, if someone takes on a dietary practice that is a חומרא and not widely observed in the community, they should reflect on whether this is oriented for personal spiritual gain or if it will negatively impact their family or friends. Similarly, if someone starts to dress in a way that reflects a stringent position at synagogue (since clothes are often a public statement), even though the intent might be spiritual, we should be aware that others may interpret this as arrogance. In all these cases, when arguing for either חומרא or קולא, the rabbis appear to be looking for balance and maintaining good relations.