[Avodah] Rabbi Michael Rosensweig - Kedoshim Tihiyu: The Obligation to Internalize Halachic Values and Adopt a Halachic World View

[Micha Berger]

On Wed, May 07, 2008 at 10:39:56PM -0400, Richard Wolpoe wrote:
: > #1 The Gra favored the book sources (at least for his own practice),

: For the GRA himself this method had boundaries. For thothers the slippery
: slope allows people to use that GRA to justify paskening new Halacha from
: the Gmara.  This is also attributed to the Rambam but in HIS time the Gmaar
: was stil lrealtively NEW

But they didn't take that slippery slope. They realized he was sui
generis. Yeish gevul.

:> #2 Yekkes
:> will accept much textually weaker arguments if they justify halakha
:> as received.

: Yekkes have a boundary, too - namely time- honored tradition.   You don't
: monkey with halachah OR minhag w/o major justification and ONLY in a way
: that conforms in both sytle and content

We're in agreement then.

...
:> Whereas Chassidum changed numerous practices to fit the
:> Chassidic worldview.

: This imho is dangerous. the hashkafa dictates the way to behave instead of
: an objective read of the sources [mimetis are imho an alterante form of
: source]

AISI, not so, as long as one is medaqdeiq that the hashkafah is used
only to choose between options actually supportable through textual
halachic process.

Following minhag avos too requires the option is not ruled out through
a study of textual, codified, din. That is the sole distinction between
minhag avos and minhag shtus.

As well as my third kind of weighting, which I believe is currently
dominant -- which shitah has more backing (authority of author, rov
rishonim, etc...) and failing any clear answer that way: be chosheid
for both! Entirely textual, with no eye to minhag avos or to enhancing
kavanah.

: When Rackman radicalizes afkin'yu he is taking Aggdic hashkafa [the poor
: Agunah! let's do ALL We can to help and over-rides precedent...

AND (in his detrators' opinion, which seems muchrach to my limited
understanding of the topic) overrides that textual winowing of options.
CHaning how you weight options is different than changing the list of
options. The accusation is that RER did both.

: BTW at least TWO Rashi's I just learned in Kesubbos [daf 2: daf 3.]  are
: very clear implications taht afkin'u is about making a FLAWED GET work, not
: about  undoing  kiddushin w/o a GET.

I posted about this in the past. All of the gemaras cases include
either:
1- anullment at the time of qidushin (which may not be hafkaah as much
as hefqeir BD); or
2- at the time of a flawed get.

IIRC, the machloqes geonim is wether only the 5 cases in shas can have
hafkaas qedushin, or whether a beis din could establish any other rule
that fits those two cases.

Sepharadim, who often made such rules, did so as rules. (Anyone who did X,
the qedusin is not chal.) There is no history of casewise hafkaah.

: I think we should learn like the AhS and be noheig mostly like
: Rema/Levush/Maharil in practice.

I think that in a generation whose greatest battle is against mitzvos
anashim meilumadah, we need to shift pesaq to whatever will increase
passion in shemiras hamitzvos. We have plenty of diyuq, we need more
"erev Shabbos Jews".

Add to that that in our day, there is no dominant minhag avos to define
a minhag hamaqom, we are in the beginning of a process of congealing new
minhagei hamaqom in our new meqomos. I therefore feel it's an appropriate
time to give aggadah more weight than usual.

:-)BBii!
-Micha

-- 
Micha Berger             Today is the 19th day, which is
micha at aishdas.org        2 weeks and 5 days in/toward the omer.
http://www.aishdas.org   Hod sheb'Tifferes: When does harmony promote
Fax: (270) 514-1507                         withdrawal and submission?