[Avodah] Klalei horaah

[Micha Berger]

On Mon, Jun 21, 2010 at 12:58:07AM -0400, Daniel Eidensohn wrote:
> Rich, Joel wrote:
>> Why did the gemara come up with klalei horaah (rules for psak) rather  
>> than deciding each disagreement on its own merits?(e.g. was Rav always  
>> right in cases of issurin?)

> this is the Chavis Yair question #94 and he answers it there

Where are you reading from? To me it looks like he denies the premise... The
kelalei pesaq are not the hard-n-fast rules of an algorithm, but the
rules-of-thumb of a heuristic. (Search the list for that word to see RRW's
and my long debate on that subject.)

IOW, you can assume that Rav's argument has more merit. But in a singular
case in which the bar plugta's shitah appears demonstrably stronger, it
ends up an exception to the rule.

(Also why the SA violates his own rule about following 2 of the three
preexisting major codes. It's a kelal, not hard-n-fast.)

Tir'u baTov!
-Micha

-- 
Micha Berger             Nothing so soothes our vanity as a display of
micha at aishdas.org        greater vanity in others; it makes us vain,
http://www.aishdas.org   in fact, of our modesty.
Fax: (270) 514-1507              -Louis Kronenberger, writer (1904-1980)