[Avodah] Some thoughts on Shemonah Perakim

Micha Berger micha at aishdas.org
Fri Nov 21 11:22:47 PST 2008


Here's what I am (at this point) now trying to disagree about):

Other than cases of eiruvin and agunah (and maybe some instances of
mamzeirus), I just through of hefsed merubah (I think also only in
derabbanan), and perhaps other dinim of which I am unaware, would R'
Zevin tell the poseiq that being meiqil has value in and of itself,
as an expression of Beis Hillel's pursuit of midas hachessed?

Of course one can't use chessed to justify mutating pesaq, but it is a
"pro" to weigh -- or even to hunt out -- when faced with multiple
justifiable answers?

You're advocating doing so, except in cases of competing litigants,
as well as other cases you don't yet articulate but parallel RMSS's
example WRT mamzeirus.

I am saying there are a handful of cases where one would do so, although
hefsed merubah (even if only WRT derabbanan) is a frequently occuring one.

:-)BBii!
-Micha

-- 
Micha Berger             The purely righteous do not complain about evil,
micha at aishdas.org        but add justice, don't complain about heresy,
http://www.aishdas.org   but add faith, don't complain about ignorance,
Fax: (270) 514-1507      but add wisdom.     - R AY Kook, Arpilei Tohar



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