[Avodah] When BD Errs, Who Brings the Sin Offering, AKA the MaHaRal that will not go away

[Meir Rabi]

Reb Micha argues that permission is required before one can Pasken, which
is the purpose of Semicha. But I say, this is not true. The purpose of
Semicha is to provide permission to Pasken FOR OTHERS. Anyone and EVERYONE
must engage in Talmud and debate Halacha. If the Posek cannot explain his
Pesak, we are NOT PERMITTED to accept it, as per the reb Chaim VeLosziner I
have quoted in other posts. It is part of the system that compels those who
followed Beis Din's erronous ruling, to bring THEIR OWN sin offering.
Following a Posek, following a Beis Din, does not exempt one from bringing
a sin offering; even when it is the Torah, it is HKBH who instructs us to
follow the BD, to follow the majority.

The MaHaRal disagrees with Rashi’s Peshat: According to the MaHaRal, the
destruction wrought upon the world by those who rule from Mishnah, has
nothing at all to do with their rulings being wrong. Even were they to
ALWAYS get the ruling correct they would STILL be destroyers because they
DO NOT UNDERSTAND the logic of the Halacha.

Those who engage in Talmud notwithstanding their reaching the WRONG
conclusion in Halacha, are nevertheless fulfilling Gd’s purpose for this
world. These people are engaged in BUILDING the world, whereas those who do
NOT engage in Talmud, notwithstanding the fact that they get the correct
rulings and do the right things, are DESTROYERS of our world.

Reb Micha is puzzled by the question: what is "incorrect pesaq" if the
thought process [I presume R Micha means Talmud analysis] *defines*
correctness regardless of results. Well, of course this is a
misunderstanding of what MaHaRal says. MaHaRal is not defining CORRECTNESS
i.e. Halacha, he is defining what DESTROYS or ENHANCES this world we have
been placed upon and into. Even when people do the WRONG thing, if they
have engaged in Talmud, Gd DOES NOT CARE what they DO, because they have
positively edified and enhanced Gd’s world, they have accomplished Gd’s
purpose for this world, by engaging in Talmud.

Reb Micha agrees that:TALMUD is the focus and the core of our service to Gd
and the foundation upon which the world stands. Halacha, is NOT the
foundation upon which the world stands. Therefore those who learn but learn
only Mishnah, those who do not analyse the reasons, the structure and the
logic of the Mishnah, those who see no need to understand anything deeper
than the Mishnah and therefore feel comfortable to Pasken from their
knowledge, are destroyers of the universe. Whether their Pesak is correct
or not is immaterial.

R Micha has 2 arguments that suggest that MaHaRal is restricting his
comments to the Poskim:

1-      He talks about hora'ah, as does the Gemara, ShaMoRin Halacha ……and
this is the language of "yoreh yoreh".

I do not find this to be at all convincing, as MaHaRal explained, these
destroyers are being Moreh, which means being Moreh correctly.  IT DOES NOT
MEAN THAT THEY ARE AUTHORISED TO PASKEN i.e. THAT THEY HAVE SEMICHA. The
Gemara uses the expression Moreh since even when they issue correct Pesak
they are still destroyers.

2-      The Maharal compares this group to those who aren't meshamshim
their rabbanim of the prior paragraph. Again, a discussion of the
shalsheles hamesorah for pesaq, not that of the masses.

This is also not a satisfactory proof. MaHaRal is simply explaining why
this category is so much worse than the previous categories that have been
mentioned earlier in the Gemara.

How does the MaHaRal forcefully posit that RaMBaM would not have published
his Sefer had he known that its use would lead to people abandoning Talmud
learning, when RaMBaM himself writes in his intro that his Mishneh Torah be
used as the text for TSBP? The answer is that we must keep in mind RaMBaMs
guidelines in Hilchos TT regarding how much time one must dedicate to TT.
And RaMBaM is not providing guidelines for Poskim but for the entire Jewish
People.

Reb Micha argues that the MaHaRal explains the MeVaLey Olam as referring
exclusively to Poskim, people who actually get the Halacha correct. But
this is not true. MaHaRal simply says that the PROBLEM is NOT that they GET
THE HALACHA WRONG, but that they get the METHOD WRONG. THEY HAVE GOT THE
WRONG IDEA ABOUT HOW TO SERVE GD. HKBH does NOT wish to be served by
OBEDIENCE but by ENGAGEMENT. ENGAGEMENT DOES NOT REQUIRE correct
conclusions. And correct conclusions in and of themselves are WORTHLESS.
It’s like the story of the Bachur who ran after the Gevir who Farhered all
the top Bachurim in the Yeshivah, none of whom could answer his Kashye and
therefore none merited to marry the daughter of the Gevir and kiss the
Gevir’s wallet. But this Bachur ran after the Gevir as he’s driving away
and begs him for the Terets. The Gevir kisses the Bachur. Finally, a worthy
suitor for my daughter and a worthy son in law who truly appreciates Torah.

Reb Micha writes that he agrees with the following: TALMUD is the focus and
the core of our service to Gd and the foundation upon which the world
stands. Halacha, is NOT the foundation upon which the world stands.
Therefore those who learn but learn only Mishnah, those who do not analyse
the reasons, the structure and the logic of the Mishnah, those who see no
need to understand anything deeper than the Mishnah and therefore feel
comfortable to Pasken from their knowledge, are destroyers of the universe.
Whether their Pesak is correct or not is immaterial.



Best,

Meir G. Rabi
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