[Avodah] Pat palter

[Micha Berger]

On Mon, Oct 06, 2008 at 08:57:56AM -0400, Rich, Joel wrote:
: 	So back to my original point - fiats of this nature imply an
: underlying  data set which were not included as part of the  fiat - how
: does this impact current applications when the data set changes? (it
: sometimes seems we're more concerned with the mirroring of the action
: rather than chazal's concerns - an argument can be made for this
: approach.)

We asked this with some regularity WRT medication on Shabbos or basar
kafui.

It seems that if the BD included the reason in the wording of the
taqanah then the din only applies when the reason applies. Basar kafui
is also more complicated because we don't know whether it's a taqanah
or a pesaq, and if a taqanah, whether the reason is part of the quote
or provided by the gemara after the "close quote". Chalav Yisrael is
another such case.

But, we see with refgu'ah beshabbos that while the pesaq remains on the
books and applies where no other factos come into play, many poseqim get
more meiqil in the face of other issues than if the reason still applied.

GCT!
-Micha

-- 
Micha Berger             A sick person never rejects a healing procedure
micha at aishdas.org        as "unbefitting." Why, then, do we care what
http://www.aishdas.org   other people think when dealing with spiritual
Fax: (270) 514-1507      matters?              - Rav Yisrael Salanter