'The Violation of the Torah is Its True Fulfillment': Ultra-Orthodox Ruling against the Halakhah for the Emendation of the Sinners — R. Hayim of Sanz as a Case Study / 'ביטולה של תורה זה קיומה': פסיקה אולטרה-אורתודוקסית בניגוד להלכה למען תקנת החוטאים — דרכו ההלכתית של ר' חיים מצאנז כמקרה מבחן

The article examines the approach of R. Hayim Halberstam of Sanz (1797?—1876) to non-observant Jews who nevertheless remained within the observant community. R. Hayim, known as the 'Divrei Hayim', was an influential rabbi and hasidic tzaddik, and is considered as one of the fathers of ultra-Orthodoxy in 19th century Galicia. Scholarly research thus far has focused on the approach of Orthodox rabbis, primarily ultra-Orthodox ones, toward deviants who crossed the lines of the observant community. These rabbis usually adopted a stringent halakhic policy, especially in issues that concerned modern values and culture. This paper shows that within the very core of the ultra-Orthodox movement we can also find lenient approaches in which the halakhic authority was prepared to permit the violation of what he conceived to be a halakhah, even in issues related to modernity, when these rulings applied to deviants who remained members of the community. Through an analysis of R. Hayim's responsa and hasidic homilies, the article explicates both his theological premises regarding individuals he considered to be sinners and his methods as a halakhic decisor, which enabled him to take these far-reaching steps.