[Avodah] rmf/eruvin

[Micha Berger]

On Thu, Jul 09, 2009 at 02:25:32PM -0700, Saul.Z.Newman at kp.org wrote:
: on whether  RMF  would  have  protested others  making eruvin where he 
: assured....

R' Dovid Cohen is leshitaso. He feels that "da'as Torah" isn't a
psychological statement (Torah honed the way they think to be more in
line with HQBH's thought) or a metaphysical one, but a halachic dictate.
In the absence of a melekh, Sanhedrin absorbs his authority in addition
to their own. And in the absence of Sanhedrin, the rabbanim.

RJR already gave sources last year, to quote v25n279:
> See R' Algred Cohen's paper on Daat Torah at
> <http://jlaw.com/Articles/cohen_DaatTorah.pdf> (RJJ, Spring 2003) and R'
> Yitzchak Kasdan's response at
> <http://jlaw.com/Articles/observ-on-daat.html>.

> RDC is in "Maaseh Avos, Siman Labanim" I, which Artscroll had translated
> in "Templates for Ages" at page 33: "The Crown of Torah and the Crown of
> Kingship; the Hasmoneans and the Concept of Daas Torah". (That's from
> RYK's fn 14.)

> RYK also points out:
>>                                              For example, in Gitin 62a
>> the gemara calls rabbanim, "melachim." See also "Harrirai Kedem"
>> (R. Michal Shurkin's sefer based on the Torah of Rabbi Joseph B.
>> Soloveitchk, the "Rav") at page reish samach hei (265), where (as my 
>> brother pointed out to me) the Rav zt'l compares a mara d'aatra to a 
>> melech. Finally, see"Keser Torah: Based on the Words of Rav Hutner zt'l"
>> found at http://www.countryyossi.com/dec98/torah3.htm (anonymous author).

Thus, I am unsurprised that once someone turned to RMF and asked for his
pesaq on the eruv, even if he refused to phrase it as a pesaq (his words
included noting that his issur was based on his own da'as yachid), it
was wrong to ask anyone else. Leshitaso, it would border on lese majeste!

:-)BBii!
-Micha

-- 
Micha Berger                 Life is complex.
micha at aishdas.org                Decisions are complex.
http://www.aishdas.org               The Torah is complex.
Fax: (270) 514-1507                                - R' Binyamin Hecht