[Avodah] parameters of halacha

[Micha Berger]

On Wed, Apr 06, 2011 at 08:08:07AM -0700, Saul.Z.Newman at kp.org wrote:
: http://rechovot.blogspot.com/2011/04/why-rabbis-cannot-agree-on-halachah.html 
: r micha already weighed in on this idea.....

In it, I touch on an answer to a question asked here.

On Tue, Mar 29, 2011 at 04:31:16PM -0700, Saul.Z.Newman at kp.org wrote:
: http://daattorah.blogspot.com/2011/03/torah-always-right-in-conflicts-with.html
: r  schwadron says it's tora , even if it conflicts with 'reality'

On Wed, Mar 30, 2011 at 09:17:00PM +0200, R Eli Turkel replied:
: I get the impression that Rambam in Moreh Nevuchim would not agree

I commented, in part:
    2- Halakhah is a legal process, not a system of determining
    truth. Therefore, I would answer RBM's question by suggestion that
    as long as the process was correctly followed, both life and death
    decisions are authoritative. Neither is more "correct" (eilu va'eilu
    divrei Elokim Chaim"), and neither is wrong, as long as both have
    legal authority.

I'm not sure the Rambam would agree with this perspective, although I
believe he is a daas yachid in that regard. We have discussed my belief
that halakhah is generally viewed as a progressive legal process, whereas
(I believe) the Rambam views it as a search for HQBH's or the enacting
Sanhedrin's original intent.

But R' Sholom Schwadron's point is consistent with the notion that the
Torah's "Truth" is really a question of legal authority not determination
of reality.

Tir'u baTov!
-Micha

-- 
Micha Berger             Our greatest fear is not that we're inadequate,
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