[Avodah] standard opinion?

[Daniel Eidensohn]

On Mon, May 23, 2011 at 08:30:18AM -0700, Saul.Z.Newman at kp.org wrote:
> Furthermore, RMM claims there IS Psak when it comes to Hashkofo, and we
> need to follow the majority

While Rav Sternbuch told me the same thing, however Rav Shmuel Kaminetsky
told me that he disagreed with such a requirement. Rav Belsky also told
me that there is no requirement to accept a young universe despite the
fact that the apparent majority says otherwise.

But of greater importance is defining under what circumstances must you
follow the majority even in halacha. It seems from the Get Poshut and
many others that this is only when the parties are meeting face to face
and take a vote.

    Get Poshut (Principle 1): The Mahari Sasson asks that since according
    to the view of the Maharam and his followers concerning a rabbinic
    dispute concerning monetary issues we don't follow the majority --
    and that the one who currently has the money keeps it because of
    kim li -- how is it possible to say that since Tosfos says the
    minority of judges are viewed as if they don't exist? He answers,
    "That Tosfos hold this view only if the judges directly discuss
    the matter together. In such a case the majority is determined
    in the presence of all of judges and thus the minority is viewed
    as nonexistent. In contrast concerning views expressed in halacha
    books or those who posken from books -- if the different sides are
    not in contact with each other and don't argue the matter personally
    with their opponents then even if they saw the other poskim or the
    view stated in a sefer -- then we can say kim li like the minority
    view. That is because it is possible that if they argued face to face
    that the majority would concede to the view of the minority." This
    is the correct understanding and I have written something similar
    elsewhere in the name of the Rashba, Maharik, Ralbach in his psak
    concerning semicha, and all the Achronim that there is no majority
    except one that comes from within an actual group. This is alluded to
    in the Knesses Hagodola (13:22). However the Radvaz (116) disagrees
    and says that it is enough to count the number of poskim who agree
    with a view to constitute a majority.