[Avodah] C: we don't rely on manuscripts of Rishonim tooverturn psikei halacha

[Rich, Joel]

He also, IIRC, had another rationalistic reason - if we are stacking
Rishonim against each other, and by adding Kisvei Yad we change the
balance in Psak, Mei'heicha Teisi that there weren't other Rishonim who
held like the first Psak? Maybe we will find those manuscripts tomorrow!
IOW, by admitting new Shitos that hadn't played a role previously in
Psak, we make the whole structure of Psak (such as it is, see last few
hundred posts :-)
) unstable.

KT,
MYG
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The structure of psak issue is dead on imho.  It would seem to me that
if the goal is to reach amita shel torah as the posek understands it,
then the posek (iiuc this was R'YBS approach) needs to learn through all
the relevant sources and if he reaches an understanding that is his
psak. In such a case girsaot, approaches of recently rediscovered
rishonim etc. would all be input to be weighed as appropriate. If one
leans more towards the count up previous authorities on similar cases,
then the new information is a wrench in the process.

I spoke about this once to someone outside the system but in the world
of law who mentioned that the CI approach has the advantage of not
causing a reanalysis of precedent, such reanalysis could be an
unattractive result to some(time consuming, reducing previous authority,
obviating the advantage of knowledge of results of previous cases) if
required.

KT
Joel Rich 
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