[Avodah] Hilchta Lmishicha

[David Cohen]

R' Joel Rich asked about the Talmud's reluctance to pasken on "Hilchta
Lmishicha."

I think that this could be related to the issue of whether we "pasken" in
matters of aggadeta.  See the approach that I associated with the Rambam's
view of machalokes here:
http://www.aishdas.org/avodah/vol16/v16n020.shtml#05  (though 4 years later,
when rereading what I wrote, I'm not so sure that it's correct to associate
this with the Rambam...)

In short, this school of thought says that pesak (in the sense of picking
between multiple legitimate positions) is a "necessary evil."  Really, "eilu
ve'eilu divrei Elokim Chayim." but when it comes to practical halachah, for
the sake of uniformity of practice, we are forced to pick a side.  When this
concern is not relevant, as in matters of aggadeta*, we have no need to pick
a side.  When this concern will only become relevant in yemos hamashiach, we
can "cross that bridge when we come to it."  Why engage in the "problematic"
task of pesak before we're forced to?

(* Matters of aggadeta can, of course, be very relevant as far as general
approaches that one takes in his avodas Hashem, and each individual can
adopt the aggadic position that he finds more compelling, but I don't think
that there's necessarily inherent value in uniformity in this area in the
way that there is for solid halachic details.  In other words, the hashkafah
mosaic of chassidim, misnagdim, religious Zionist, etc., is an asset to Am
Yisrae'l.  Having a situation where some people use the eruv and others
don't, on the other hand, is unfortunate.)

-- D.C.
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