[Avodah] Just what ARE the rules of p'sak anyway?

[Rich, Joel]

1.	

let's recap:
He claims that the Bavli trumps all and THAT is a rule of pesak:


1.	is that a fact?  is the Bavli the final arbiter of pesak?
	
2.	Or is the the decisiveness of the Bavli a matter of debate? 
3.	are there sources to prove one side or the other? [believe me I
am looking at this ll the time?

Toby claims that R&C rabbis decide the issue first and find support in
texts that suits their agenda.  But Rabbi ABC posits that Behag, Toafos
and many Orthodox rabbis do this frequently, too. That a decision is mad
on some agenda and sources are mustered to make the argument plausible,
or cogent post facto.  First comes a minhag afterwards come the
rationale. 

How can  I answer Rabbi ABC? As a jew in need I request YOUR help!


Disclaimer: I do not consider Rabbi ABC an honest broker of the facts of
how Halachah works. But in the interest of da mah lehashiv, I need
something that can be "makheh es shinav". 



-- 
Kol Tuv / Best Regards,
RabbiRichWolpoe at Gmail.com
 
========================================================================
==
This goes to the point of my long discussion with  R' AF  -  if you
claim 2 poskim can come to different conclusions on exactly the same
questioner/question without pointing to algorithmic differences (libi
omer li, lev shel torah, personal experiences), then as long as a posek
can show a source (e.g yerushalmi, tosefta....), you can't refute
logically other then by saying he is not a member of chachmei hamesora
who can choose what source to rely on in the particular circumstances.
 
KT
Joel Rich
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