[Avodah] Klalei horaah

[Micha Berger]

On Tue, Jun 22, 2010 at 07:05:19AM -0400, Rich, Joel wrote:
:>            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.)

: So are you saying that a rishon could paskin like rav bmamonot with
: no indication in the gemara that there was a reason not to assume that
: the particular case at hand was an exception to the general rule stated
: in the gemara?

That would also violate acharei rabim and another of other rules of thumb.

Having rules that can be violated when a strong enough alternate rule
comes into play isn't the same thing as anarchy. (I mentioned searching
the archive for the word "heuristic" to find RRW and my many discussions
on this topic. The idea that one can violate a system even when the
system has fuzzy boundries was a recurring topic.)

Tir'u baTov!
-Micha

-- 
Micha Berger             "The worst thing that can happen to a
micha at aishdas.org        person is to remain asleep and untamed."
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