[Avodah] Sephardi-ism: some food for thought

Zev Sero zev at sero.name
Tue Nov 25 13:47:15 PST 2008


Rich, Joel wrote:
  
>> No, this is not bari veshema.  It's not a personal financial dispute
>> between R Reuven and R Shimon.  R Reuven has paskened that what you want
>> to do is forbidden; but you speculate that perhaps he did so because he
>> wasn't sure.  Even if your speculation is correct, he was presumably
>> aware of R Shimon's reasons for permitting, and nonetheless decided not
>> to.  So if you have a rule to follow his psakim then you must be
>> machmir.  At most, what you have is not a safek but a sfek sfeka.

> What if your rule is to follow his psak when he is sure but not when he
> is msupak?

Then you don't know whether to apply that rule here.  You can guess
that *maybe* he's unsure, but you can't know that.
 


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



More information about the Avodah mailing list