[Avodah] trends in psak

Eli Turkel eliturkel at gmail.com
Sat Sep 20 22:34:27 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.>>

Only in ashkenazi circles in sefardi circles it is all about quoting psak.
When in Vancouver I read a local collection of articles one by a local
sefardi rabbi on the question of standing for Asseret HaDibrot. The
whole article was a list of (sefardi) poskim who had dicussed the
issue beginning with Teshuvat HaRambam (though he didnt quote ROY).
Basically each quoted quoted the previous generations with exactly 1
contemporary posek claiming things had changed since the Rambam.

Nothing equivalent to RYBS's comments on changes due to taam elyon and
taam tachton

-- 
Eli Turkel



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