[Avodah] The Concept of Authority

[kennethgmiller at juno.com]

R' Rich Wolpoe wrote:
> I would have chosen
> "Scope of authority"
> But why quibble? :-)

Yes, much better. I wish I had thought of it!

> Here is a challenge for RAM and Aishdas to consider:
> What is the scope of Mishnah Brurah's authority re: items such as: ...
> Or consider RMF: ...

Both of those rabbis, as great as they indeed were, did not have "real semichah" as far as I know. Therefore, nothing they say could possibly rise to the level of d'Rabanan. At most, they are telling us their opinion and advice.

Given that they were individuals, not a Beis Din, and not even an Av Beis Din of any community or organization having any sort of jurisdiction, nothing they say could have the bindingness of a Community Rule, either. I'll allow exceptions for rules which RMF, in his role as Rosh Yeshiva, might have chosen to impose upon his yeshiva, but that's not what RRW was asking.

However, after they have made their opinions public, any individuals or communities can choose to follow those opinions, and at that point they become binding like any other minhag or community rule.

Akiva Miller

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