[Avodah] Trends in Psak

Rich, Joel JRich at sibson.com
Fri Sep 19 07:28:18 PDT 2008


 


Among some Posekim[1], there is an attitude of "yiqov hadin es hahar".
The posek analyses the sources and rules based on his own understanding
of them. Even if his predecessors ruled differently or understood the
sources differently - ein ladayin els mah she'einav ro'os and halakhah
kebasra'i as explained by the Rema [2] (CM 25). This school considers
the autonomy of the Posek to be central whereas precedent is only
important insofar as it helps the Posek clarify the sources but carries
no weight on its own.
===================

If you listen to the R'HS shiur I recently reviewed on Hirhurim, he
clearly falls into this category.

KVCT
Joel Rich
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