[Avodah] paskening by Nevuah

[Micha Berger]

On Tue, May 24, 2011 at 11:57:47AM +0000, kennethgmiller at juno.com wrote:
: R' Micha Berger wrote that we'll follow him...
:> ... and because, pro forma, Eliahu haNavi has true semichah

: I'm not sure how relevant that is. IIRC, there were still some Amoraim
: (maybe even Geonim?) who had True Semicha, yet they did not pasken on
: these questions, leaving the Gemara with Tayku...

But Eliyahu haNavi could thereby repopulate the Sanhedrin, which now
creates a whole new kind of halachic authority. That's why the pro forma
matters, even if we don't speak of any imparting of wisdom.

According to Mamrim 2:2, the later beis din must be greater bechokhmah
uveminyan to overturn gezeiros, taqanos and minhagim. (Even if batelah
ta'am -- 2:3). However, according to 2:1, this is not true for pesaqim!

So just having a Sanhedrin, even an inferior one, might change the entire
dynamic of how halakhah is done. I would ask whether they can justify
their power by their own decision to hold like the Rambam, but dwelling
on that thought makes my head hurt.

Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 35th day, which is
micha at aishdas.org        5 weeks in/toward the omer.
http://www.aishdas.org   Malchus sheb'Hod: What is soul-like about
Fax: (270) 514-1507                  submission, and how is it glorious?