[Avodah] sevara vs. psak

[David Riceman]

On 7/8/2010 10:29 AM, Rich, Joel wrote:
<<Isn't this the classic knock on the supposed S"A algorithm of taking 
best 2 out of 3 (Rambam,Rosh and Rif)?>>

I'm not sure what you mean by "the".  The Rama's complaint is that it 
ignores what Ashkenazim consider binding precedent.  Who makes this 
complaint?

In principle one could apply the BY's algorithm to sevara rather than to 
case law (in practice the BY does neither consistently); I can't see the 
relevance to this complaint.
> OTOH if you take Hashem nitzav badat keil (or something along those lines-I'm at work) as that the shechina is shoreh on a beit din, then it's really not a problem (me-until the next beit din has to decide a case that doesn't involve both issues?)
>    
I have no idea what you mean by this.  If a BD is always right why do 
they need any rule of psak or any knowledge of precedent? If the same 
applies to psak halacha why do we need rabbis at all?

David Riceman