[Avodah] The Concept of Authority

rabbirichwolpoe at gmail.com rabbirichwolpoe at gmail.com
Mon Jan 4 11:44:24 PST 2010


R Akiva Miller:
> 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.

I think RAM and I are sympatico here 

My point -- and it's the SAME point my anon. Colleague and I both raised
to each other. -- is re: smoking 
Whether RMF had used traditional p'saq 
OR 
he and his BD had issued a ban that 
his scope of authority would have been about the same. 

[My quibble is a ban plays less games with sources! It's simple and
clear Smoking is banned period
Or 
Shema one is transgressing v'nishmartem...therefore Smoking is
Banned". [The latter would automagically disintegrate when medical
sceince changes its mind again ;-)]

Then you need no lamdus or quibbling, no dochaq and no kvetching. It is
what it is.

And it's NOT creating a new derabbanan, it's a lmigdar milsa. But see
below...

Now let's ask 
What is the scope of authority for the following

1 a Rav pasqens -- donuts from that shop are assur [moreh issur] what
is the consequence of a member's disobedience? EG Lo sassur?
2 A BD Pasqen's that Shimon must Pay Reuven $50. What's the consequence
of disobedience?

AIUI these decisions are NOT new mitzvos, BUT they can trigger a new case
of an existing mitzvah. That is to say due tothe existing structure od
neder, sh'vuah anyone can trigger a new heicha timtza or motsa s'fasecha
tishmor v'assisa just by verbal declaration..

Similarly, can a Rav/poseiq/BD trigger a new case of a pre-existing Mitzvah? 

KT 
RRW 
Sent via BlackBerry from T-Mobile



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