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

[T613K at aol.com]

From: "Chana Luntz" _chana at kolsassoon.org.uk_ 
(mailto:chana at kolsassoon.org.uk) :

>>And  then there are the "leap of genius" type teshuvos - ie where somebody  
reinterprets or brings a gemora (or the Torah) or a line of rishonim that is  
desperately compelling, but unheard of before. ....  And yet these  seem to 
me to be the ones that are *most* difficult to put into any rule based  
formulation, as they have a semi miraculous feel about them.  And yet they  feel very 
situational - this particular scenario sparked this particular  reaction 
(including the assistance from above - ie was the particular help  *needed* 
here?).  It
is not guaranteed reproducable, even when the same  person writes other 
teshuvos (so what changes?).  If anything it feels  closer to a master golfer (or 
other sportsman) getting his swing just  right.  
 

>>>>>
Regarding the question of whether halacha is "reproducible" and  rule-based, 
you compared a master posek to a "master golfer getting his swing  just 
right."  Possibly a better comparison would be to a scientist who is  trying to find 
a material with some exactly needed properties for an important  industrial 
application, or trying to find a new drug with some specified  properties, and 
-- using his knowledge and expertise, but also some trial and  error, and some 
serendipity (=hashgacha pratis) -- he discovers/invents an  amazing new 
product.  There was nothing in the laws of science that  guaranteed that some day 
this product would be invented, but at the same time,  the production of this 
substance clearly followed the rules of  science.
 

 

--Toby  Katz
=============





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