[Avodah] ID of chilazon and chagavim

[Richard Wolpoe]

On Tue, Aug 12, 2008 at 11:14 AM, Rich, Joel <JRich at sibson.com> wrote:

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>   I suppose it depends on how you define prevailing minhag. For example,
> when the gemara says we always follow the opinion of R' X over R'Y, in the
> absence of other circumstances would you say it's OK to follow R'Y because
> the case was not a practical issue till years later? You seem to be arguing
> that when there is no prevailing minhag that it's kol hayashar beinav yaaseh
> but why wouldn't we follow our usual dynamics of psak
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> The nerot example has always interested me - I'm sure R'RW has some comment
> on how the practice developed to follow the Rambam - I'd love to know
> historically what the actual transition was (I assume at some time they
> followed tosfot opinion in Europe?)
> KT
> Joel Rich
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I really do NOT know why Rema paksens like Rambam over Tosafos in this case.


But let me digress to a larger issue. Some talmiddi mof mine "heard" that
Ashkenazim ALWAYS follow Rema.  Thsat is simply false.

The term Klal means a generality. For computer geeks it is analogous to a
default setting. It is NOT a 100% a hard and fast rule. For some reason,
people take things to extremes, such as
 thinking:
 since we USUALLY follow MB therefore we must ALWAYS follow MB.
I was even wrong when I said Teimanim ALWAYS follow Rambam. They do not and
someone posted a URL to about 40+ documented exceptions.

Amont the hundreds of yet to be posted artciles in my life, One is who is
the TRUE heir to the Rabmam's legacy, the Rema or RY Karo. Ture the Maran BY
follows Rambam MUCH more often in p'sak, but in Hashkafa, Rema's FIRST hagah
has a quote from the Moresh, something the BY rarely quoted. The Rema wa
MUCH more in tune with the Rambam as a hybrid philosopher-Halachisist.

The Rema thus had a high regard for the Rambam. How this minhag followed the
Rambam by the time the Rema rolled around I do not know.

Now a close reading of this Rambam will tell you that the Rambam HIMSELF
paskened agaisnt the prvailing minhag.  [Now here RYKaro is more like Rambam
and REma is less like the Rambam]. Another case where Rambam protested the
prevlaent minhag is with regard to [wrt] birchos hashachar where the Rambam
insists on a more literal Talmudic approach.

I am a big fan of Tosfaos. But when for some reason Tosafos' p'sak was
rejected by Asheknazic tradition I USUALLY favor the tradition. Thus if
Rema, who mostly ruled by Ashkenazic consensus, is against Tosafos, I would
favor the Rema's p'sak.

Now if you read a lot of Darchee Moshe] Especially that of Darchie Moshe
ho'orach] you will see that even Asheknazim did not always agree. with each
other. And there is a lot of lattitude there.

For an example of a really flexible menu approach see Shach and Chochmas Ada
re: when an egg inside the chicken becomes parve [YD 87:4 iirc].  Shach
givess 4 stages, Minhag, Din, ,bedi'avad, nd sha'as hadechak. it is a
classic and hte Chochmas Adam brillinatly sumarizes it in a few lines.  A
major trend in Ashkenaz is more cholices and less-black-and white. Thus
Rambam afaik has nearly zero yeish Omirims. SA a lot more, but Rema MANY
more.
-- 
Kol Tuv / Best Regards,
RabbiRichWolpoe at Gmail.com
see: http://nishmablog.blogspot.com/
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