[Avodah] sevara vs. psak

[Micha Berger]

On Wed, Jul 21, 2010 at 05:34:04PM -0400, David Riceman wrote:
> We need to back up a minute. Hazal are talking about psukim (actually
> phrases or even words or letters)...


If this is so, then Chazal are talking about separate issurim. Our case
is which servara explains the issur, so that we know how to legislate for
new sitations. Their case is a single incident, and knowing which issur
was violated, if any. Different diagnoses, same prognosis. And therefore
I really see little parallel at all.

Our basic disjoin is that you are paralleling different derashos to
different sevaros, and I'm saying it's different issurim.


The Rambam's general mehalekh is that there is one truth, and it's our
job to find it. Building proof for this general mehalekh is lengthy.
One of his more explicit statements is where he denounces the method
he used in his early days in peirush hamishnayos of approaching shas
through the understanding of the geonim rather than with a clear
mind and understanding. The Rambam writes that he is breaking with
someone (the Rif?) on this issue.

See also RRW's post at <http://www.aishdas.org/avodah/vol27/v27n024.shtml#02>,
althoug I use the above letter to argue that this isn't Ashk vs al
Anadalus in general -- it's a Rambam thing in particular.

....
> So, no. Given those assumptions (and ignoring the Shach momentarily)
> a court can condemn a murderer only by using 13 different sevaros.

I also have a question WRT capital cases.... If the dayanim can't
agree which pasuq he violated, what kind of hasra'ah did he get? How
could multiple pesuqim count -- only one is punishable?

:-)BBii!
-Micha

-- 
Micha Berger             Man is capable of changing the world for the
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Fax: (270) 514-1507            - Victor Frankl, Man's search for Meaning