[Avodah] Masneh al Mah Shekassav baTorah

[Samuel Svarc]

On Mon, Dec 28, 2009 at 9:41 AM,  <rabbirichwolpoe at gmail.com> wrote:
>
> Plz post
> ssvarc at gmail.com
> «Explained already, because then you're going against what you know to
> be Torah.»
>
> Exactly so
> And by analogy - the appointment of these "dayanim" is done knowingly against known Torah

Incorrect, there is no din that brothers can't be arbitrators.

> - but concensus trumps anyway!
>
> You might as well say same by yerushah. Viz. 'what if the father the morish is ignorant?' Do we then allow his override of torah to work? I think not.  Afiak
> Masneh against torah still doesn't work

Agreed, because he tried to do something that is 'keneged' Torah -
give a wrong allotment of yerusha, while here no one is trying to do
anything against Torah -the Torah has no quibble with these people
acting as arbitrators.

> As I said, there may be a good teirutz, what is very curious is that no no'sei keilim on the SA page picked up on this

Slightly agree with you, and ask you once again to quote the lashon,
and point out that they don't ask your kasha either.

KT,
MSS