[Avodah] Tfillin?chol hamoed

[Richard Wolpoe]

On Wed, Apr 30, 2008 at 4:55 PM, saul mashbaum <smash52 at netvision.net.il>
wrote:

>
>
> RYBS, in keeping with his family tradition, did not put on tfillin on chol
> hamoed, which is the psak of the Gra. It is said that RMS once asked his
> father RCS that since putting on tfillin on chaol hamoed is a  machloket
> rishonim, shouldn't we out them on  misafek? RCS said that in his opinion
> the g'mara (Arachin 10b) clearly indicates that the kdusha of chol hamoed is
> comparable to the kdusha of Yom Tov, and is enough of an "ot" to be poter
> from tfillin. All this is related in Nefesh HaRav p. 192.
>
> The Gra on many issues paskens against the rishonim, based on his
> conviction that his raayot form the g'mara justify his position. According
> to this story, RCS sometimes adopted this approach as well.
>
> Although the Brisker tradition is often associated with trying to fill all
> opinions of the rishonim to the extent possible,  in the areas in
> which it follows the Gra the approach is just the opposite, sometimes
> adopting practices against the opinions of major rishonim.
>
> Saul Mashbaum
>

My issue with this is that any traditional Ps'ak with any amount of
consensus  can be overturned by "rayyos" from the Gemara.

I'm not accusing the GRA of abusing this prvilege, but I am saying that this
started imho a very slippery slope.

And this is not a matter of saying I am better than the GRA or anything like
that. I just have 200+ years of historical lessons that  have demonstrated
to me in a most convincing manner that many have slipped up on this matter.

I have also heard that the GRA hismelf warned people NOT to follow his
unusual [ideosyncratic?] hiddushim.

It is also clear to me that the GRA  had a different set of presuppostions
of how Halachah developed from the Talmud than did mainstream Ashkenaz.  See
Isreal. Ta Shma's quotes from Rabbeinu Tam and Or Zarua  to see what I mean.

Illustration: Based upon a puritanical Bavli model , one would have to allow
for women to read Megilah for men. Paradoxically,  RYBS [ostensably a
follower of GRA via RCS]  didn't even let women read for women [based upon
the more Ashkenazic MGA].  This  is contrary to the simple peshat of Arachin
2b/3a, Rashi/Tosafos/Rambam etc. on the daf.

-- 
Kol Tuv / Best Regards,
RabbiRichWolpoe at Gmail.com
see: http://nishmablog.blogspot.com/
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