[Avodah] KSA, MB, AhS, Chayei Adam and other codes

[Richard Wolpoe]

On Fri, Aug 29, 2008 at 1:45 PM, Micha Berger <micha at aishdas.org> wrote:

>
> Ediyos 1:4-5 all that stuff about gadol mimenu bechokhmah uveminyan.
> Where does it make an exception for she'as hadechaq?
>

I do not have the time to respond to each of our esteemed moderator's points
one at a time.



I will give a summary now, and BEH someday fill in the gaps, perhaps with an
essay

.

Ask yourself the following questions and contemplate their implications:

   1. Based upon Torah Principles:
      1. Do we want a subjetvie or objective ps'aq?
      2. Avos: Ein Dan yechid ela Echad.
      3. Does not the Halcha in Tur/SA 25 repfelct the need for the
      possibility of a To'eh bidvar Mishnah?
      4. Given circular approval of Posqim [i.e. since the poseiq says it it
      MUST be OK!] then how can we have a to'eh bidvar Mishnah? A
poseiq is ALWAYS
      right because he combines sniffim to make himself correct regardless of
       Meqoros
      5. The Torah and Maseches Horyos demans the possibility of a Sanhedrin
      that is mistaken. How can that EVER be with Posqim whose sniffim and
      Heruistics automatical make them right?
   2. From a s'vara point of view:
      1. Do you prefer a Poseiq to subscribe to principles
      OR
      2. Do you prefer submitting to a poseiq who makes subjective decisions
      based upon his feelings w/o regard to objective criteria or cherished
      precedent?
      3. Do you prefer a Poseiq who lords himself OVER the Halachah and goes
      where he feels his Predetermined heuristics bring him?
      OR
      4. Do you prefer a poseiq to say with the modesty of a Rema to say:
      "Well, my conclusion is really X but I defer to Y because it has been
      established or he is greater etc"
      OR IOW:
      5. Do we want a system of LAWS?
      OR
      6.  OR a system of men?  Certainly RMF welcomed people to dispute his
      conclusions. Why are "ketannim"  - instead of "gedolim"  opposed to
      this?
   3. Re: Rackman and Agunos
      1. See YD 98.  What is the ONE CASE in SHAS and POSQIM that Meisi'ach
      Lefi Sumo is believed on a D'orraiso level?.  [note, it sure ain't
      issur v'heter!]
      2. Given Hazal's disregard to rules of Kosher eidus, does this set a
      precedent for disregarding OTHER principles in the same sugya?
      3. Have I ever Personally endorsed R. E. Rackman's P'sak?
      4. HOW IS it specifically that RER"s shita is  mor eradical than what
      is often found in Teshuvos nowadays?
   4. Re: Algorithimics
      1. In which post did  I ever propose an algorithmic solution to p'sak/
      2. Is this not a simple straw man to make me "wrong" or IOW accuse
      Wolpoe of subscriping Alogithimics then attack that position and totally
      ignore Wolpoe's actually stated points?
      3. If Algorithmics is off-limits please describe the techniques
      ascribed to:

                                                              i.      Rif
[yes the Rif followed VERY strict rules of p'sak]

                                                            ii.      SA [BD
of Rif/Rambam/Rosh]

                                                          iii.      Rema
[What's accept by consensus in Asheknaz based upon a finited list of posqim]

                                                          iv.      SMA [viz.
see Choshen Mishpat 25, we always follow RIF except when Tsoafos Argues]

                                                            v.      Kitzur
SA [BD of Chayei Adam, SA harav and Derch hachai'm,]

   1. Search or scan the Major Posqim – Tur, BY, SA, Rema, MB Ahs Etc,.

                                                              i.      Do
they frequently  use terms as sniffim to build a case?
OR

                                                            ii.      Do they
use terms like Rov Posqim, Rov Acahronim , Maskanas Haposqim etc.[e.g. see
Maggid Mishneh Rambam Hilchos Shabbas 5:1]

   1. Re: eilu v'eilu
      1. Since both BS and BH are Ielu V'eilu then can we apsken EITHER way
      OR
      2. Does it simpley man that both are valid Torah in a limud sense but
      p'saq is only ONE way
      3. Can RE Racman therefore be a valid opinion EVEN if rejected
      lema'aseh or is ho objectivlye worse then Beis Shammai. And if so, do we
      have a bas Kol to Says so
   2. Re: Acceptablity
      1. IF posqim are right simply because they are popular than how is
      that ANY different than schectherian Cahtolic Israel?
      2. And if Accepted Psaq is ALWAYS right how could the GRA ever oppose
      it? Or the Rav? Etc.
      3. Does the majoprity of Posqim trump the majority of amcha?
      OR
      4.  Vice versa
   3. Re: Attacking certain O Teshuvos
      1. Do you think that cricisizing O teshuvos that lack Obejctivity a
      DEFENSE of C teshbuvos
      OR
      2. Do you think that given that C teshuvos are Flawed, nevertheless
      some O teshuvos are equally flawed and so thy should ALSO be criticized.
      OR

Do you think all C teshuovs are ipso facto flawed and all O TEshuvos are
ipso facto wonderful! And that therefore we should attack a C teshuvo even
if it calls for decorum in Shul and defend an O teshuva even if it leads to
"krum "halachic priniciples, just because WHO says it?

.


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