[Avodah] Acharaei Rabbim l'Hatos

[rabbirichwolpoe at gmail.com]

R Eli Turkel:
> I believe there is a long Maharatz Chajes that strongly disagrees and
> says that rov does not apply outside of bet din. i.e. we dont pasken by
> taking a majority of shitot (which shitot would be included?)

Yasher koach for the raya listor, but how about some supporting sheetos? 
 
I can come. With many at least by inference. 
 
As Far as WHO to include who was the m'chabeir referring to in SA ChM
25:1 as "posqim" WRT toeh bidvar mishnah? Who are the posqim?
 
IIRC The Rema answers that question [perhaps indirectly] there by defining
them as those s'farim that have been widely accepted.
 
Also consider Mishnah Brura's use of "rov acharonim" 
 
But -- as I pointed out re: Bracha on Ner Hanukkah -- Maggid Mishnah
uses the same expression in Hil Shabbos 5:1.
 
For MM that would probably mean Ramban, Rashba, Re'ah etc. 


Micha:
> Otherwise there wouldn't be so many cases where the SA takes the mi'ut
> position among his triumverate.

Actually see the halachah re: 2 vs. 3 matzos

Rif/Rambam say 2
BY overrides them by using a majority of posqim. IOW rov posqim -
at least here - trumps the vote of his BD. This is my raya that BY
subscribes to consensus.

And follow this up with Kaf haChayyim on same issue who quotes GRA and
pasqens that Rov Acharonim rejected GRA - and by extension the simple
read in Shas

IOW consensus trumps going back to Shas.
 
GS 
RRW 
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