I recently post this on the Avodah List
Here are some related concepts
A Halachah v'ein morin kein
B Shimush vs. Text
C The language of Halacha
D Da'as teireh
E Meta-Halachah
It just seems obvious to me that rabbinic Judaism does not always strictly conform to textual standards and that meta considerations take over at times
A Not intermarrying
B Not running coffeemaker on timer on Shabbos
C Kashrus agencies certifying defensively to avoid certain gray areas
D Not using dishwashers for both dairy and meat simultaneously
To someone in the field and seeing both texts and real-life mimetics all are hashkafically obvious EVEN when the letter of the law might be different.
Relying on the letter of the law is helpful at times and often necessary "bishat had'chaq" or "b'diavad". We need to allow for accidents, extreme urgencies, we need flexibility
As policies, such minimalism will IMHO undermine simple piety and z'hirut. It's a bad plan at the outset to look for loopholes
Loopholes are OK AFTER the fact [post facto]
Q'doshim Tihyu
KT
RRW
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