[Avodah] Koach deHeteira Adif vs. Chumeros

[Elazar M. Teitz]

<I should add that if you think about it, the actual concept as used by
Chazal argues in FAVOR of chumeros. Documenting the extent of the divrei
hamatir is more important. Doesn't that imbalance presume that we require
MORE proof before accepting a qulah than before accepting a chumerah?>      Not necessarily.  The g'mara in K'subos 7a quotes R. Yaakov b. Idi that "horeh R. Yochanan b'Tzaidan, 'Asur . . .' ," and asks, "umi ika hora'a l'isur?" Rashi explains the question: is "hora'a" used in conjunction with issur? Anyone is permitted to be machmir; it does not demonstrate reliance on anything, since even if in doubt, where the halacha is not clear to him, one may be machmir; on the other hand, to be mattir requires depending on one's sh'mua or on his s'vara, and that is hora'a.      By the same token, kocha d'heteira adif is because it takes more to be mattir than to asser -- not because we require more proof, but because it is a greater demonstration of knowledge.

<The fact is, there is a limited list of dinim where we say things like
"halakhah kedivrei hameiqil be'eiruvin". Because the exceptions
need specific listing.>      To what are they exceptions? Is there any general rule that "halacha k'divrei hamachmir," that exceptions to it need listing?  In any given area of halacha, there are some machlokos in which we pasken k'divrei hameikil and others where we follow the machmir.  In the cases of aveilus and eruvin, there is a general rule of kula. These are the only such cases; hence they are mentioned.  But what they are exceptions to is not chumra, but a blend of kula and chumra.  Were there an area in which we always pasken l'chumra, then there would have been a statement that "halacha k'divrei hamachmir b" whatever the case would be.  The mention of the rule is by no stretch of the imagination an argument in favor of chumros as a default position. EMT       

 
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