[Avodah] paskening by Nevuah

[Lisa Liel]

On Thu, 12 May 2011 14:54:32 -0700 (PDT), Harvey Benton 
<harvw613 at yahoo.com> wrote (v28i79m6):
>eliyahu paskening:
>will Eliyahu pasken by svara (from the Gemarra and/or other 
>mekoros)? or will he pasken by Ruach Hakodesh?

That's the whole reason Eliyahu didn't die.  He'll pasken from the 
Torah he learned both before, during and after the time of the 
Gemara.  And svara, of course, like any other talmid chacham.

>If by Ruach Hakodesh or Nevuah, one could always say, Torah lav 
>Bashamayim Hi - and thus discount his answers as not binding halachically.....

Not exactly.  If he tried to pasken by Ruach Hakodesh or Nevuah, we'd 
have to kill him.  At least that's what I learned.

>However, didn't Moshe Rabeinu pasken by Nevuah with regard to Bnos 
>Tzelopchod?

Tanakh is divided into three sections because it was written through 
three different types of perception of God.  Torah, Nevuah, and Ruach 
Hakodesh.  Torah is a level far, far beyond simple Nevuah, and that's 
how Moshe received the Torah.

Lisa