[Avodah] Minhag Yisroel and Gra on 2 Matzos vs.3 Matzos

[Rich, Joel]

I wrote:
> In conlusion, I do not believe that we can find a single overarching 
> principle that explains all ma'hloqot in halakhah.

RJR wrote:
> Which is exactly what bothers the unified field theorists -  then 
> halacha seems arbitrary and the halachik process not reproducible.

That shouldn't bother us at all. Halakhah isn't one set of principles, but several layers. There is DeOraita, Derabbanan, splitting into asmakhta, gezeirah, taqanah, and there are various layers of minhag. The list isn't exhaustive, but does demonstrate that one overarching principle isn't called for.
<SNIP>

But besides the fact that halakhah is composed of several entirely different layers, I would like to make the following observation:
Halakhah - esp. derabbanans and minhaggim - should not be compared to mathematics, but rather to law, and law does not exist independently of its interpretation. Lo bashamayim hi. (Though I should add that Halakhah is always being interpreted, even when observed in the breach, possibly resulting in the Tokhekha becoming realized.) Of course, that does not mean that we are free to interpret it as we please, nonetheless, as long as we [meaning, the halakhic literature] do[es]n't look at it, it isn't defined. 
Perhaps the Heisenberg Uncertainty Principle would be a good metaphor for the hard sciences people.

<snip>

In short, the posseq who is pasqening is experiencing revelation. But just as only Mosheh benefited from aspaqlaria hameirah, so too, not every posseq's revelation is of equal stature, leading to the possibility of non acceptance of any given posseq's particular pessaq.
--
Arie Folger
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Bkitzur -the existence of several levels doesn't mean there isn't an algorithm. The Heisenberg Uncertainty Principle comparison interests me-can any of our physicists tell me whether the identity of the observer makes a difference(all other things being equal)

As a general rule I think your description is fairly accurate but then I would think it is disingenuous for one (not saying this of you) to say as a general rule "what can I do, my hands are tied?" -i.e. under this understanding there is SOME truth to the statement (i.e. the R' Willig story) that where there is a halachik will there is a halachik way, it's a question of issue,  and perception of severity  and people involved.

KT
Joel Rich

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