[Avodah] Chalav stam

Rich, Joel JRich at sibson.com
Wed Dec 10 11:17:06 PST 2008


 

In the case of the Tosafos on clapping on Shabbos and the IM on chalav
yisrael, the rationale post-dates the norm. The fact that others the
author considered more authoritative than themselves seemed to have
approved motivates rationales that they might not otherwise use.

Tir'u baTov!
-Micha
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And yet , imho, when it's something the posek doesn't like, he assumes
the same earlier Rabbis objected but no one listened. As you and R'RW
have gone around many times - imho - the bottom line is the posek is
subject to constraints but has a tremendous amount of autonomy where to
land within those constraints and you will not be able to come up with
an accurate algorithm which fits all the data points of his decisions
(and certainly not be able to say "the halacha is" based on hard and
fast rules of psak.)
KT
Joel Rich
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