709. A Generational Gap: Let’s Talk about Chumros
With regard to certain aspects of halachah, we are enjoined to be cautious about adding chumros (halachic stringencies) to the law, “Shelo lehotzi la’az al harishonim” (so as not cause denigration of our forbears’ practices). The more lenient—yet halachic—manner in which previous generations practiced these laws will thereby call forth criticism: “Our grandparents in the shtetl weren’t so particular about…”
In with the Old
However, if there is a halachic practice that was clearly overlooked by a previous generation, we are certainly obligated to reinstate the law, even if it gives the appearance of being “stricter” than they were, since the principle of kavod Shamayim (honoring Hashem [by fulfilling His mitzvos]) overrides the admonition of shelo lehotzi la’az.
A Chumra Against the Grain
Halachic psak (formal ruling) is formed l’chumra (stringently) or l’kula (leniently) based on majority opinion, cultural affiliation or local custom (or other reasons). If the accepted psak is l’kula, choosing to be stricter may cast aspersions on our ancestors’ practices. But if there is machlokes haposkim (conflicting opinions among the authorities, i.e., no halachic consensus) on a certain matter, we then have precedent to be meikil (lenient) on one hand, and to be machmir (stringent) on the other. May we then choose to be stricter than previous generations, even if they chose to be meikil? In such a case, some poskim still evoke the warning of shelo lehotzi la’az al harishonim: we should not take on the chumra. There are halachic authorities that apply this cautionary directive even to matters that are min haTorah (Biblical law).
But there is also a conflicting concept that is often an overriding factor to being faithful to our forbears: “Shelo lehotzi la’az al ha’acharonim” (not to cause denigration to later generations). If being meikil in accordance with the practice of previous generations would call forth judgment and criticism by our descendants—especially when there is halachic precedent to be machmir—we are cautioned to take the stricter approach even at the cost of being motzi la’az al harishonim.
The Perception Exception
Poskim tell us that if an observer might be toleh (lit., hang—i.e., attribute) a particular chumra to being motivated by practical considerations and not ascribe it to stringency, we need not worry that a judgment will be made on our forebears’ adherence to halachah, and in that case we may practice the chumra.
(These assessments are commonly mulled over by contemporary poskim in connection with hilchos ishus—the laws of Jewish marriage and Jewish divorce. On one hand, these halachos form the very fabric of the propagation of future generations; on the other, being stringent can call into question the yichus—lineage—of past generations.)