[Avodah] Halachic who is right from "The Lost Scotch"

[Samuel Svarc]

>From: "Micha Berger" <micha at aishdas.org>
>Subject: Re: [Avodah] Halachic who is right from "The Lost Scotch"

>On another note: I think RMS raises a good question about this genre of
>sefarim.

R' Micha is referring to R' MS's comment, "This emphasizes a trend that I
think is all too common - in order to emphasize the independence of the
halacha from the normal moral order of the surrounding society, and that
therefore we are not contaminated by foreign influences, there is an attempt
to show how different "halachic" reasoning really is."

In actuality I think that R' MS is misunderstanding the reality. I explain
more fully below. 

R' Micha continued:
>There is a real taaveh to provide an interesting and unexpected
>answer.

I think R' Micha has correctly identified the dynamic at play here. No
author wants to write a book where one can easily guess the correct answer.
It wouldn't sell, because it wouldn't be interesting. So the author cherry
picks cases where the halacha has a surprise ending. R' Micha feels this is
a bad thing, while I beg to differ. It brings to light many halachic issues
that one is unaware of, besides for making good entertainment. 

>A push away from the intuitive or local civil law that has
>nothing to do with din. Which means that you must assess each sefer
>to know if it really reflects meaningful pesaq. I am not saying
>anything about this particular sefer -- I have never seen it.

In this case, having seen the book and speaking to one of the Rabbonim that
gave an haskamah to it, I can say that it does reflect meaningful pesaq.

KT,
MSS