[Avodah] Gra & importance of rishonim

[Daniel Eidensohn]

R' Moshe Meiselman - writing in Jewish Action 1997 - asserts that the 
primacy that we give to the Rishonim in understanding texts was from the 
Vilna Gaon. I have not been able to find any discussion of this in 
traditional or academic sources and would appreciate references. The 
relevant quote from the article is the following:


/"Most Torah learning, even through the early 18th century, revolved 
around the Shulchan Aruch. This not only reflects the nature of Torah 
study, but also reflects the nature of halachic development. Legal 
systems have their own form of dynamic. They rely more heavily on 
practice and precedent than they do on legal source and conceptual 
analysis. Law recognizes the current reality as a dominant force in 
making legal decisions. Hence, when the Shulchan Aruch became the 
primary focus of learning and the major creative force of Torah learning 
was in legal development, the use of Talmudic sources in halachic 
analysis and the various approaches of rishonim were of secondary 
importance. Rav Yonatan Eyebshitz was the leading rosh yeshivah of his 
day. His major contribution to halachic literature were his shiurim in 
the form of Urim ve'Tumim and Kreiti Upleiti, both commentaries to the 
Shulchan Aruch, whereas he did not publish his commentary to Shas, which 
was only recently published. /

/All of this was changed by the Vilna Gaon. In his view, the legal 
aspect of Torah practice and Torah learning was secondary to the issue 
of text analysis. He exerted major efforts in first establishing proper 
texts, a matter of major concern for one who saw Talmudic text analysis 
as his primary objective. H*e then established the method of using 
rishonim as the benchmark of proper text analysis. *Finally, all 
halachic decision-making, in his view, was consequent to proper text 
analysis from the perspective of the various rishonim. Only in choosing 
between equally valid approaches of various rishonim did he allow 
practice and custom to be operative.....
/

/The clearest way to evaluate the Gaon's influence is to contrast 
Hungarian and Lithuanian methods of learning. The entire revolution of 
the Gaon did not touch Hungary, which was under the influence of the 
Chatam Sofer. The difference between Lithuanian and Hungarian learning 
and halachic decision-making reflects either the presence or lack of the 
Vilna Gaon's influence.    '
/

/
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/Daniel Eidensohn/

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