[Avodah] FW: Worth thinking about

[Zev Sero]

Micha Berger wrote:
> On Thu, Dec 11, 2008 at 08:22:58AM -0500, Rich, Joel wrote:
> : From R' Broyde on R' Rackman
> :> (1) Jewish law is a truth seeking venture which must live by the
> :> currency of logic and analysis, always living in the present and being
> :> driven by the data, both Talmudic and scientific.
> 
> Jewish law is not a "truth seeking venture". If it were, we would be
> listening to the bas qol. It's a process for mapping Divine Thought
> into a human life, mapping divrei E-lokim Chaim to one of many possible
> halakhah ke-... The problem isn't finding the truth; the truth can't be
> grasped. It's finding how we can model a path to that truth based on who
> and where we are as limited imperfect beings.
> 
> (At least, that's how I understand the Maharal's model of machloqes,
> and I personally find it compelling.)

But the Maharal's own take on that story (Be'er Hagulah #4 (4.4 in the
new 3-volume edition)) is that they ignored the bas qol because it did
*not* say what the truth was in this particular case.  All it said was
that R Eliezer is *always* right, and therefore the chachamim ought to
concede to him regardless of the details of the case.  At the level of
the bas qol, that's how you resolve arguments - look at who's involved,
assess who's the greater talmid chochom, and just go with whatever he
says.  No need for sevara, just apply the rule.  The chachamim's reply
was also to apply a rule rather than sevara, just a different rule.
Whereas the bas qol's rule was to go after the greatest chacham, the
rule as it is here in this world is to go after the majority. 

But the Maharal seems to say that had the bas qol told them that the
truth was actually R Eliezer's way they would have to agree with him,
because the truth is the truth.  "Im haya omer shehadin shelo emes,
yihyeh ha'omer mi shehu, harei hadin emes."


-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas