The Remarkable Legacy of Rabbi Ovadia Yosef

From a young age, Rabbi Ovadia Yosef was a towering figure in halachic rulings for me. I avidly read his books, sent letters, and received responses. I admired the strength and clarity so beautifully intertwined in his work.

Over the generations, there has been a distinction between Sephardi and Ashkenazi rulings. A significant example of this is the debate between Beit Yosef and the Yam Shel Shlomo (Maharshal).

Beit Yosef presented all opinions, laid out every approach, and ultimately decided according to the majority view among the three pillars of halacha: Rif, Rambam, and Rosh. While he often adhered to other early authorities and deviated from his general rule at times.

The Yam Shel Shlomo opposed this approach for two main reasons: an inherent objection to reliance on majority opinion. This opposition persisted over the generations, with various justifications provided. The arguments included: A. Some sages might have never been reached, so how do we know the "majority"? B. Many did not write their teachings, so why should their views be discounted? C. Majority rule applies only within a court hearing where judges argue with one another and yet decide to override certain views; there is no relevance to counting majority opinions over a generation (Chazon Ish).

Rabbi Yosef. Prefer leniency

In this regard, Rabbi Ovadia Yosef can be seen as a continuation of Beit Yosef. Many have followed this path, but Rabbi Yosef did so in his unique way.

First, the scope. Spanning all methodologies. The breadth is unimaginable. It seems Rabbi Yosef absorbed Jewish knowledge more than any individual since the creation. It is remarkable; while it's not unusual to have a once-in-a-generation Torah giant with photographic memory, no one had such access to the vast library Rabbi Yosef did. It's unfathomable how he managed to digest so much content even at a rapid initial reading.

Rabbi Ovadia believed this is how one should study a topic: by first reviewing all the sources and basics—Talmud, Rishonim, Acharonim, and the latest authorities. He opposed those who ignore later authorities, asserting they cannot rule halacha seriously if so. He valued thorough knowledge over sophistry, seeing some Yeshiva analytical debates as mere elaborate exercises.

Clearly, Rabbi Yosef was a man of logic and scholarship (albeit different from the Ashkenazi Yeshiva world), which is evident in many of his rulings (mainly in Yabia Omer and also in the book Meor Israel and others).

Contrastingly, he differed from Rabbi Feinstein and certainly from Chazon Ish. Rabbi Feinstein was well-versed in Talmud and early authorities, focusing his decisions on well-established halachic sources with many insights and substantial scholarship. In contrast, Rabbi Yosef was knowledgeable in thousands more latter-day works, which Rabbi Feinstein did not necessarily engage with. Rabbi Feinstein did not see this as a deficiency in halachic decision-making.

Many disputes between Rabbi Yosef and Rabbi Feinstein revolved around the consideration of later authorities (e.g., whether one can recite Borei Nefashot if they don't remember Al HaMichyah. Rabbi Feinstein allowed it, while Rabbi Yosef forbade it, citing many who agreed). Above all, Rabbi Yosef established a collective center of learning for the greatest of Israel: Tanim, Amoraim, Rishonim, and Acharonim. Even those forgotten over generations were resurrected by Rabbi Yosef, creating a remarkable, comprehensive Beit Midrash of all who had ever contributed to Torah literature since Sinai.

Commitment to authorities: Rabbi Ovadia Yosef declared his commitment to halachic authorities. He cited them frequently and usually with great reverence. Nevertheless, when it came to later authorities, he believed one could sometimes dispute them if there was a strong argument. While this applied only to later authorities, he concurred with the majority that early authorities should not be contested, although sometimes Chazon Ish and Rabbi Feinstein pressed hard in interpreting early texts (for instance, Rabbi Feinstein's ruling about saying "Lamedeni Chukecha" when forgetting to add requests in prayer).

Following Beit Yosef

Rabbi Yosef combined traditionalism with innovation. On one hand, he insisted on a strict adherence to the Shulchan Aruch, demonstrating traditionalism. On the other hand, reinstating the exclusive Shulchan Aruch adjudication after 500 years of differing Sephardic rulings was revolutionary. He argued it was especially imperative in Israel, where the Shulchan Aruch holds an authoritative place. As explained later, this marks a significant transition sparked by the return to Israel and nascent redemption.

This adjudication sparked major disagreements among Sephardic scholars from Morocco and other regions, who followed diverse halachic traditions.

Halachic principles: Rabbi Ovadia applied many halachic principles—both general and Shulchan Aruch-specific. While these principles evolved through generations, Rabbi Yosef utilized them more extensively than any other authority.

For instance: the principle of "Sfeika d'Rabbanan l'Kula" (doubts on rabbinic matters are resolved leniently). This principle sparked many debates about whether it applies when the doubt originates in Torah law (e.g., the Sabbatical year, while Rabbinic in current observance, originates in scripture). Furthermore, Rabbi Yosef tended to be lenient in rabbinic doubts unless an easy resolution was possible. This principle appears dozens of times in average responsa, but hundreds in Rabbi Yosef's works!

Sfeik Sfeika: This principle, mentioned several times in the Talmud and many early sources, allows leniency when two doubts arise together, even having been stringent with each separately. For instance, Rabbi Yosef permitted using polished rice possibly glazed with wheat starch on Passover after thorough rinsing, citing two doubts: A. There might be no wheat at all. B. Even if there is, it might wash away.

Use of this principle remains contentious. The Shach stated it should not be used today, except in matters explicitly mentioned in Talmud or primary sources or genuinely similar cases. Conversely, Rabbi Yosef argued extensively and supported its contemporary application, using it extensively, formulating numerous guidelines. In his view, a Torah-level doubt yielding stringency is Rabbinic (following Rambam), so an added doubt renders this a Rabbinic uncertainty, warranting leniency. Hence, he was not hesitant to establish a double-doubt (Sfeik Sfeika) based on his reasoning, considering it Rabbinic. He also believed double doubts apply in halachic disputes (doubt if one view is correct, and within that opinion, another halachic dispute allows leniency in our case).

Rabbi Yosef applied this principle of double-doubt in agunah cases and other matters as well.

Preferring Leniency

Rabbi Ovadia Yosef emphatically stated that one may adopt stringency, but should not impose it on others. Anyone who does may have to answer for it. Thus, he ruled leniently in many areas: for example, finding blood spots in today's eggs doesn't require discarding the egg (as that's the main ruling, but many were stringent due to custom). He sanctioned the use of solar heaters on Shabbat (among other reasons due to indirect consequences not being considered intentional in rabbinic law), permitted pouring hot water into cups containing residual drops from washing, approved opening bottles and cans on Shabbat (despite the basic ruling forbidding it), allowed reheating dry food directly on the hotplate (out of reasoning: it's not cooking). Additionally, he was lenient on agunah matters and various issues under Even HaEzer. Rabbi Yosef believed pressure for stringency often led to leniencies in more critical halachic areas (like the story of the citron).

Adjudication in strictness: Although mostly lenient, Rabbi Yosef also issued stringent rulings on complex issues. He strictly forbade wigs. This ban, difficult for many in the Sephardic (especially Haredi) community, was burdensome. He mandated waiting for Rabbeinu Tam's time for Shabbat's conclusion. This prohibition, complex and far from easy, followed the Shulchan Aruch's ruling that Sephardic Jews must eat glatt kosher meat, though many had historically been lenient. Thus, despite his predominantly lenient rulings, Rabbi Yosef certainly had numerous stringent ones.

It's inspiring to note how a young boy from a poor family rose to such stature. Rabbi Ovadia had a compassionate, humane heart and greeted everyone with warmth and humility. Sometimes, his statements might spark curiosity, but they were often within a narrower or distinct context, or perhaps spoken intentionally to provoke change, not taken literally.

(The author is head of the Center for Halachic Instruction, Rabbi of the southern settlement of Alon Shvut, and has authored dozens of halachic books and manuals on diverse Torah topics. Published by: Shalom Avichzer)