[Avodah] Can Eliyahu Hanavi decide halachic questions?

Micha Berger micha at aishdas.org
Fri Jan 25 10:52:06 PST 2013

On Mon, Jan 21, 2013 at 05:00:53PM -0600, Lisa Liel wrote:
> On 1/21/2013 3:32 PM, Micha Berger wrote:
>>                      However, derash, repated by people with a much
>> firmer grasp of how halakhah is decided than she or I have, is
>> "Tishbi yetzareitz..." Which implies to me that while one can't say
>> this idea of Eliyahu answering the question [is] the meaning of
>> the word, I also wouldn't say the idea itself is untrue.

> Whereas I, l'shitati, hold that a mistake is a mistake, even after 3000  
> years....

But that pits your notion of how halakhah works, not "merely" the impact
of specific facts on specific instancers of halakhah, against those of
whom we rely to decide halakhah. E.g.:
    Peri Megadim (Igeres 5, #9)
    Tosafos YT (end of ediyos)
    Even haEzel (Hilkhos Zekhiyah uMatanah 4)
    Ravaz (3 - CM 97)
    Arukh laNeir (Nidah 23b)

The Ya'ir Ozen (#400) saw a kesav yad of the Rambam's haqdamah to mishnah
where the Rambam gives "tishbi..."

The Peri Megadim also suggests "teiqu" is from "tiq". The answer
is in a package within a package. Also, interestingly, he discusses
whether teiqu leaves the question as a safeiq in the sense of lack of
known facts and thus subject to safeiq derabbanan lequla. He says the
"Tishbi..." interpretation implies it would not.


Micha Berger             Friendship is like stone. A stone has no value,
micha at aishdas.org        but by rubbing one stone against another,
http://www.aishdas.org   sparks of fire emerge. 
Fax: (270) 514-1507                  - Rav Mordechai of Lechovitz

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