Every three or four blue moons (snort) I like to re-post a comment to the blog itself. Here's one from this morning's thread which deserves a wider audience.
AlanScott wrote: Don't worry DB, I'm on your side. My list of things to fix would be slightly different, but I agree that there are some things that would be different in a perfect world. (DB as Melech = perfect world?)
What some of these commenters have forgotten is the single fact everyone learns in Jewish elementary school and high school, which is that the halacha we're working with today is a Flawed System. It was injured (1) with the Galut and (2) with the disbanding of the Sanhedrin. The halachic system was never meant to work this way, which is why we believe that the Sanhedrin will be restored in the times of Mashiach.
On a certain level, the entire defective Halachic system we're left with today is "zekher lamikdash" -- it's clear that as soon as a legal Sanhedrin is put together, they would have broad discretionary powers over halacha derabbanan to make the kind of changes you talked about.
S. alluded to this when s/he sayd "DB, you have contempt for the halakhic process. We don't go back to the primary texts and rewrite the law code every generation and there doesn't exist a Supreme Law Council or Vatican in Judaism." Unfortunately, S didn't realize that Judaism does has a Supreme Law Council - it just hasn't been convened in about 1600 years.
Incindentally, this is the main theological sticking point, on a practical level, between the Conservative and Orthodox communities - they believe they can make Sanhedrin-level changes in halacha today, and we don't. Of course, the irony here is that Orthodox Jews do believe in the right to make those changes, just only in Mashiach's times under a legal Sanhedrin - so on a certain level, Conservatism is the halachic ideal of the Orthodox!
And about kitniyot, 2 suggestions: Eat them on the eighth day like gebrokt or everyone marry a Sfardi.
