[Avodah] What Happened to following the Rov

[Richard Wolpoe]

On Sat, Sep 6, 2008 at 7:36 AM, Meir Rabi <meirabi at optusnet.com.au> wrote:

>  Rashi explains DivRey RiVos BishO'Recha, Devarim 17:8, matters subject to
> dispute as a dispute between the Sages some saying permitted and others
> prohibited etc. Since the matter is unresolved it is taken to Ym for
> resolution at the Sanhedrin. Why is it not resolved through the regular
> system of voting and following the majority?
>
> This is how the Siforno explains the Passuk and this seems to be far closer
> to the Poshet Peshat.
>
>
>

AIUI the Sefer hachinuch to Mispatim says [or really suggests] that we still
follow ROV.  We don't need a formal voting process. And if the case is too
close to call then it stands [like a Teiku] as a still ongoing debate.

There are gazilloins of sources out ther to support this, but the 2 vs. 3
matzah deate is useful because the BY states Rov [no his words] to overrule
his Rf/Rambam default and the Kaf Hachayyim echoes this with Rov Ahcarhonim
against the GRA's opbjection.  So the same case has 2 posqim of 2 era's
inovking the same over-rdiing principle.

I would humbly suggest that anyone engaging in this debate see the sources
inside including BY, GRA, Kar Hachayyim etc.  You can even add the Gmara,
Rif, Rambam and Rosh [I have not seeen the Rosh inside yet myself].

This principle is ALSO importatn because ROV here trumsp the plain read of
the Sugya in Shas.  Which hearkens to the Tanu ahnai that Rov STILL trumps
even over Bavli.

I will be BEH teaching Hilchos Bassr Behcalav.  There is another example of
this re: Bishul of Bassar bechalav derabbanan.  The Bach [Tur YD 87]
correctly reads Rav Ashi as saying this is ASSUR miderabbanna., but posqim
have rejected that issur and have been mattir bishul of a bassr bechalav
derabban from at least the Rambam forward [despite the Bach showing the
Rambam otherwise]  The Rtaionale is given by the Maggid Mishnah sham.

A quick look at the Be'er hagloah on YD 87  lists about 13 sources including
teh Bartenura who really holds like the stright read of Rav Ashi and the
Bach. But it is possible that the BehG was not citing THAT apsect.

-- 
Kesiva vaChasima Tova
Best Wishes for the New Year 5769
RabbiRichWolpoe at Gmail.com
see: http://nishmablog.blogspot.com/
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