[Avodah] Seeing Policies Everywhere

[rabbirichwolpoe at gmail.com]

OK I have a Brisker Hilluq re: what has become a third rail term
viz. "g'zeira". I think this may help see it from a new perspective.

I owe this hiddush to the Ba'er Hetev Hilchos M'gillah 690:15 which has a
dissertation on Minhaggim and I made a simple diyyuq leading to a hilluq.

Let me quote
"V'davar shenigzar B'MINYAN - afilu yadua mei'ezeh ta'am uvateil hata'am -
tzarich MINYAN acheir l'hatiro - gmara pereq qama d'veitza"

[NB: Emphasis added on MINYAN]

Translation: 
"An edict issued by count [vote], even if the underlying reason is known
and that reason has disappeared, nevertheless requires another count to
permit it [repeal it]."

Here is my diyyuq

The Brisker "two dinnim" are taluy whether the g'zeira was b'minyan or
not b'minyan!


G'zeiros Taluy b'minyan:
Thus those g'zeiros - both Talmudic -AND perhaps post-Talmudic - that
have been voted upon are not subject to repeal w/o another vote.

[For post Talmudic g'zeiros with a "Minyan" consider EG: 
    + Polygamy
    + The 3-day period for salting
    + Qitniyyos]

OTOH, if Rambam or SA or Rema or Magen Avraham pasqen a g'zeira, it is as
binding as any other p'saq - except that it may be couched as or temr as a
"g'zeira".

Illustration:
Trumas hadeshen quoted by Rema in YD 69:12
Don't leave meat unsalted for more than 3 days lest it be cooked [iow
even after it's been broiled]

This is AISI a g'zeira lacking a Minyan, but ratified by Rema and thus
behaves like p'saq or Minhag.

Hypothetically:
RMF could have himself been gozeir "no smoking" [just like a p'saq]

Or he could have assmbled all the rabbis in North America and had a
"Minyan" ratify such a g'zeira.

Now go back to Igros Moshe and see how RMF treated Agudas haRabbanim as
a "MINYAN" legabei certain cases - EG microphone on Shabbos. Which is
perhaps why he was not willing to allow for relying upon a more meiqeldick
t'shuva

KT
RRW
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