[Avodah] prof sperber

[Richard Wolpoe]

On Tue, Apr 29, 2008 at 5:57 PM, Micha Berger <micha at aishdas.org> wrote:

> On Mon, Apr 28, 2008 at 07:44:20AM -0700, Saul.Z.Newman at kp.org wrote:
> : http://www.haaretz.com/hasen/spages/977278.html
> : 1]  on  ivory tower psak
>
> I agree that there is a real problem when formal/textual halachic process
> is used not only to validate options, but as the sole criterion for
> weighing them. Then you're left with vacuums that only get filled by
> "baal nefesh yachmir" and "we most be chosheish for ...'s shitah" --
> the textualist's means of extending boundries.
>
>
> Tir'u baTov!
> -Micha
>
> --


I'm not sure I understand your position

Re: C psak we have agredd inthe pas that they frequently have a politcally
correct targe in mind and then muster the sources to support the position.

My criticms is that Many O poskim sdo this, too.  They first make up their
mind how the Halacha SHOULD look and then back it up.

Ideally p'sak should be FOLLOWING the sources not vice versa [and sources
INCLUDE minhag/Mimetics etc.]

IMHO poskim should state a methdology and to follow it as best as they can.
Both BY and Rema did exactly that. In fact, the 2 most powerful poskim of
their time rarely created any new ps'ak at all, rather they sifted through
pre-existing poskim with a fairly obejctive and consistent set of underlying
assumptions.

And even though Rambam has some very unusual Hiddsuhim, over 90% of the time
he is really following Rif.

S. Shlomoh Ganzfried wrote in a letter that he used a "beth din" of Chaeyie
Adam, SA Harav and Derech Hachayyim

I have suggested a Beth Din of MB, AhS and Kaf HaChayyim as an alternative
early 20th century model.  Perhaps we can come up with an early 21st century
model.

The point is to use some kind of objective model so as not to create an
overly subjective Halachah. This is imho the biggest challenge today in
P'sak.

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