[Avodah] Lo sosiru- Becoming a Posek

[Yosef Skolnick]

In response to a question about whether someone has the right to formulate
their own opinion which is different from the way the poskim rule, Micha
asked:

It's not my positions. It is those of every poseiq actually quoted on
> list. That's how halakhah is done, right? If you want to say there is no
> rishon giving such an issur, that's interesting theory. I wouldn't buy
> into it given that it assumes believing RZS knows how to read rishonim
> better than a large number of rashei yeshiva. But okay. But if you are
> making a claim about a pesaq, that no such issur actually exists, and
> others quote posqim who do give such a pesaq, don't you too need a bar
> pelugta, a poseiq who actually posits the shitah you're advocating?


I suggested that that is not how Halacha works, or rather it is how halacha
works but not for everyone:

>  You go to a posek since they have spent a tremendous amount more time
> going through the sevaros.

Micha Responded:

> And to get an answer freer from negios. But my point is that we
> question our unique sevaros when actual posqim tell us otherwise.

Yosef:

> Question, yes. Say differently just because they say it, I don't think so.
>  We attribute authority to the rishonim because we assume they faithfully
> spent many many years deciphering the thoughts and ideas of the tanaaim,
> amoraim, savoraim and geonim.  And they have authority because they were
> amongst the last generations before being truly dispersed throughout the
> nations (though we were never too dispersed, right?).  The sevaros of
> actual poskim are discussed and questioned just as much as anything else.
>  I do think that the submission to the poskim is a positive thing, however,
> it often limits the people who could become the next generation of poskim.
> I found that the feeling of being bound to the thoughts of others hinders
> the analysis process.


Then, Micha points to Lo sosiru mikol asher yagidu lekha, which leads to
the question of the day.

*Question:*
1) Where did the Rabbonim that the passuk is referring to get the ability
to "Say differently" than other poskim.  At some point in their life they
weren't a Bar Plugta?  Did they wait, or did they feel comfortable with
disagreeing even at a younger age?
2) Is there a responsibility or obligation to only consider the "readings
of the texts" of our greatest sages?
3) Is it possible that someone who is not a Rosh Yeshiva could have a more
accurate reading of a particular text, perhaps they spent more time
analyzing that particular text (though clearly not others, otherwise they
would be a bar plugta), In other words, it is possible to be a bar plugta
bidavar ached.



On Fri, Feb 10, 2012 at 01:37:59AM -0500, Zev Sero wrote:
> On 9/02/2012 7:05 PM, Micha Berger wrote:
>> It's not my positions. It is those of every poseiq actually quoted on
>> list. That's how halakhah is done, right?

> No, I don't believe it is.

My "that" was vague. Are you denying that halakhah is a matter of going
to a poseiq rather than going with whichever sevara you personally find
compelling, no matter whether anyone agrees?
Yosef Skolnick
516-690-SKOL
https://sites.google.com/site/yskolnick/




---------- Forwarded message ----------
From: Micha Berger <micha at aishdas.org>
Date: Fri, Feb 10, 2012 at 8:40 AM
Subject: Re: [Avodah] A Mamzer Marrying a Shifchah
To: Yosef Skolnick <yskolnick at gmail.com>


On Fri, Feb 10, 2012 at 08:24:28AM -0500, Yosef Skolnick wrote:
: Question, yes. Say differently just because they say it, I don't think so.

Lo sosiru mikol asher yagidu lekha...

I think this needs to be a new thread on Avodah. Want to get the ball
started?
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