[Avodah] standard opinion

[Eli Turkel]

<<It seems to me that the Maharitz Chajes is talking about a shift from when
acharei rabim lehatos went from being a hard-and-fast rule to being a rule
of thumb, a factor to consider but could be outweighed by other factors.>>

The Mahartz Chajes is quite long and so I can't quote it. However, my
reading is that he
claims that in the days of the Sanhedrin if one had his own opinion and was
sure that the Sanhedrin was wrong he should continue with his own views.
This is because maybe he could have convinced the majority of his opinion.
However, if the Sanhedrin debated the issue with him and voted against him
then the minority must follow the majority.

However, where there is no Sanhedrin there is no such thing as a majority or
a minority since that requires a debate in person ( be-maamad echad peh el
peh)

One of the proofs is from the Ralbach who opposed the re-enactment of
Semicha in Safed and stated that even though he was a minority since he was
not consulted he does not have to go along.

The Mahartz Chajes seems to deny the concept of minority and majority
outside of a frontal debate we occasionally hold like the minority for a
great loss or if the minority is greater (eg bet shammai except for other
reasons). In a Sanhedrin it is clear we follow a straight majority and dont
take other things into account however, otherwise the minority opinion is
always acceptable.

-- 
Eli Turkel
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