[Avodah] Theoretical Halachah

[Micha Berger]

We touched on this a few times in the past. Often head-on, in threads
initiated by RRW (cc-ed), sometimes in discussions of shiurim (and the
CI and CC not following their own sefarim) or in a discussion of all
the times the CC didn't practice like the MB.

The maqor for considering theoretical discussion and halakhah lemaaseh
distinct, is probably BB 130b. R' Aba suggests that a machloqes is
based upon "Mar savar halakhah adifa, umar savar maaseh". To which the
gemara responds,
    Tanu Rabbanan:
	Ein lemeidin halakhah
	lo mipi limud
	velo mipi maaseh
	ad sheyomeru lo halakhah lemaaseh.

In honor of my finishing the mesechta this morning (disabled truck in
the Lincoln Tunnel extended my commute and so now I'm ahead of the daf),
I wish to also mention Y-mi Chagiga 1:8 (vilna 7b), cited by Rashi ad
loc, and the Qorban haEidah sham.

    R' Te'ira besheim Shemu'el:
	Ein morin
	lo min hahalakhos
	velo min ha'agados
	velo min hatosafos
	ela min hatalmud.
    ...
    Rabbi Chananyah besheim Shemu'el:
	Ein lemeidin min hahorayah
    Hakol modin she'ein lemeidin min hamaaseh.

Rashi on BB and the QhE on Y-mi Chagiga say the worry about lemeidin min
hamaaseh is that looking at a single case is insufficient to rule out
error. Implying it's okay to learn halakhah from rabbinically approved
norms (mimeticism).

Rashi "ad sheyomeru lo halakhal lemaaseh" is long, for a Rashi. It
discusses our repeated topic of how to pasqen.

First Rashi says that it is a problem to assume the halakhah is like the
conclusion of a mishnah because the halakhah moved on during the days
of the amora'im. After all, R' Ashi veRavina sof hora'ah, not the tannaim.

Then he says the reason for "ad sheyomru lo halakhah lemaaseh" is that
a rav might be machmir on himself and didn't want some ruling to become
a norm. Or maybe he changed his mind since.

Then he returns and says "ad sheyomar lo halakhah lemaaseh" means "badai
kemo shepasqu haacharonim, kakh taaseh" -- and that chiddush after R'
Ashi veRavina is still possible.

Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 33rd day, which is
micha at aishdas.org        4 weeks and 5 days in/toward the omer.
http://www.aishdas.org   Hod sheb'Hod: LAG B'OMER - What is total
Fax: (270) 514-1507               submission to truth, and what results?