[Avodah] [Areivim] Polygamy

[Micha Berger]

On Tue, February 5, 2008 2:06 pm, Rich, Joel wrote:
: Seems logical but is there any discussion of how and who to make such
: a determination - especially since it seems assumedly chazal made these
: based on their corner of the world and on anecdotal evidence  (e.g.
: how did Sanhedrin determine whether rov hatzibbur would accept a
: gzeirah?)

We need to keep pesaq and gezeiros distinct.

The topic under discussion was of pesaqim based on chazaqos disvara.

Gezeiros based on realia that changed depend on the phrasing of the
gezeirah.

If meat needs to be hosed down regularly between shechitah and
melichah because of pesaq about the efficacy of melichah, basar kafui
would be mutar -- the new reality demands a new pesaq; there is no
precedent.

If it's a gezeira, it would depend on the phrasing of the gezeirah. If
the gezeira includes the sevara, there is an implied conditional, and
basar kafui would still be mutar. If the sevara is after the gemara's
"close quote", and is post-facto explanation, then the gezeira still
stands even if the realia change. Although, as in refu'ah beshabbos,
we do figure out ways to minimize its conflict with other issues (like
oneg Shabbos).

Gezeiros based on mistakes still stand. Their authority is not about
correctness, but of the legislative power of Sanhedrin.

SheTir'u baTov!
-micha

-- 
Micha Berger             "Man wants to achieve greatness overnight,
micha at aishdas.org        and he wants to sleep well that night too."
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