[Avodah] Intuition - sources

[Micha Berger]

On Mon, September 3, 2007 3:38 pm, Rich, R Joel wrote:
:> Which in yet another thread (#4) I
:> argued was the real basis for banning electricity on Shabbos. There
:> is more consensus that it simply doesn't intuitively fit the idea of
:> Shabbos than figuring out the mechanics of the issur.

: R' Asher Weiss based on the Yerushalmi says that this is what chazal
: did in general on w/r/t shabbat - anything that they felt s/b asser
: went into makeh bpatish....

I do not see this as the same thing. By Shabbos, there is a catchall
category -- all forms of melakhah not otherwise prohibited are still
constructive and thus bakeh bepatish.

I'm talking about the sort of reasoning used to reach a pesaq,
regardless of whether the din is in hilkhos Shabbos.

We usually think of pesaq in terms of logical argument -- given that
X, Y and Z, we can conclude the din should be...

I am suggesting that often pesaq is so tied to gefil that the logical
argument comes after.


 IIRC When I looked at the Yerusahlami it seemed
: to
: me (and I am less than dust to him) like they were talking about
: actions
: that there was already a mesora on.  OTOH R' AW frequently says "libi
: omer li" which I think fits nicely with your general theory.  IIRC I
: heard that  a posek will often "know" the answer and then build the
: case.  The problem imho  is that they probably could have built an
: equally convincing case the other way and where does the boundary
: line
: to divrei neviut fall (or put another way, the process fails the
: repeatability test)?
:
: KVCT
: Joel Rich
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Tir'u baTov!
-mi

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Micha Berger             Spirituality is like a bird: if you tighten
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