[Avodah] Halachic Texts: More Background

[Richard Wolpoe]

On Tue, Jul 1, 2008 at 9:04 AM, David Riceman <driceman at att.net> wrote:

> Richard Wolpoe wrote:
>
>> Illustration: Rambam says t'eh bidvar Msihna includes Mishna, Gmara etc.
>> RY Karao adds one word "posqim"  Be'er agolah cites Rambam as his sources
>> but -
>> What changed?
>>
>> Answer:  about 350 years of posqim!  In the Rambam's time few were
>> publsihed.
>>
>> So if the Rambam goes back to the Gmara it is different than if WE do it
>> no matter HOW MUCH oa throwback it is.
>>
> This is just not true.  The Rambam is rejecting the Geonim and the Rif and
> his students (e.g. the Ri MiGash) as necessary precedents.  At least in the
> east (e.g. Bavel) that was a scandalous opinion.
>
> David Riceman
>
> ___
>

For Ga'onic P'sak perpetuated by Rambam

See Hilchos HAemtz uMatza. Count how many Ga'onic decisions are incorporated

Also add the following Ga'onimsms

   1. Bracha on Ner Shabbas
   2. lechem Mishna on  YT

Rambam did NOT necessarily reject Ga'onic p'sak. his position is quite
mixed. But I agree, he kinda made them optional at times.

But I am persisting on  insisting that he made them optional because the
Talmud was STILL new enough to go back to it. After the Rishonim were over,
that was no longer the case.

IOW you could be TRUE to the Rambam in 1205 and say we can still go back to
Talmud and then in 1564 STILL be True to the Rambmaa and lsay this is no
longer a viable option to ignore prominent Posqim

Or to put it another way, you could condemn the Moreh before the Book
Burnings but after those public burnings of the Rambam's works led to
burning of the Talmud itself things changed.

To Cross threads, you can say Austritt was absoltely needed in 19th Century
Frankfort and not needed in post Holocaust USA and STILL be a good Hirschian
- because the times and circumstances are different.

[yes some Maimonideans wil Reject RY karo's addition of Posqim and some
Hirschians will insist upon Austritt here and now, but I am still saying all
that is lav davka..]

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