[Avodah] Sephardi-ism: some food for thought

[Michael Makovi]

R' Micha has noted that "koha d'heitera adif" means only that a
heter/qula is a greater hidush, not that it is preferable.

But I content this is not inconsistent with the opinion of some
(Zohar? R' Uziel? R' Ovadia Yosef?) that a kula is to be preferred,
assuming it has solid basis. If a rabbi can find a good, solid,
legitimate basis to be meikil (as opposed to being meikil as dan
l'chaf zchut and such, which are bedieved and to be avoided if
possible), then the qula is to be preferred l'hatchila. For there is
no value, in this view, to being more stringent and submitting oneself
to the Divine heteronomy (nod to Shemonah Perakim according to
Professor Lawrence Kaplan). This is opposed to those who seek humra'ut
as its own value, with stringency inherently preferable (nod to
Rambam's opponents in Shemonah Perakim, according to Kaplan ibid.).

And of course, everyone has the right to reuse an old adage in a new
way. Does anyone honestly think that "yafeh talmud torah im derech
eretz" has anything whatsoever to do with TIDE??!! So if Sefaradim
will reuse "koha d'heteira adif" in a new un-Gemara-ic way, that is
their prerogative.

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I agree with R' Micha that Sefaradim seem to rely on majority-vote and
clear-cut decision-making (apex - R' Ovadia Yosef - Professor Marc B.
Shapiro analyzes R' Ovadia Yosef's pesaq in Edah), whereas Ashkenazim
rely on sevara (my rabbi notes that one can read pages of  Rav Moshe
Feinstein without seeing a single mequor) This difference, according
to Rabbi Steinsaltz, dates back to Rif and Rabbenu Hananel et. al.
versus Tosafot et. al.

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R' Micha notes that even though R' Hirsch did not hold by "Chadash
assur min haTorah", nevertheless the Hirschians have the same pesaq
method as the Hungarians. But I'll object:
1) I'm not sure how much we can point to KAJ as epitomes of Hirschianism
2) Chadash assur min haTorah has more implications for sociology and
culture and hashkafa than halakhah, I think (though certainly
sociology and culture affect halakhah - I personally probably accept
Meiri so heartily because of all my relationships with gentiles). In
hashkafa, one's attitude towards secular learning, etc., will likely
be affected by Chadash assur min haTorah to a fantastic extent. If so,
then Rav Hirsch would certainly have NOT held by this aspect of
Chadash assur min haTorah, and Zohar's claim would stand that Rabbi
Uziel's Sefaradi perspective is very different than the Eastern
European one, and more like the Hirschian one IMHO.

Mikha'el Makovi