[Avodah] tfilat haderech and birchat hagomel
micha at aishdas.org
Fri Feb 8 09:02:40 PST 2013
On Mon, Feb 04, 2013 at 12:00:05PM -0000, Chana Luntz wrote:
: >So why would tav lemeisiv not be treated as an umdena or rav, given the
: >identifiable exceptions, rather than a chazaqah?
: Because, as I have said many times, chazakah is a rebuttable presumption.
: That is different from both an umdena or rav. Where a chazaka or a rov
: coming into conflict, we posken, as we have discussed before, for the rov.
: ruba v'chazaka ruba adif - see eg Yevamos 119b ie chazaka carries *less*
: weight than a form of rov...
I discuss a similar sugya on Qiddushin 64.
You are referring to a different entity, even though both are called
"chazaqah". Yes, a chazaqah demei'iqarah is weaker than a rov, but
a chazaqah disvara is a presumption based on a logical causal chain.
Ein adam chotei velo lo -- a person with no motivation to sin wouldn't
choose to sin. (Assuming he knows it's assur.) But this causality is
only valid because it actually usually happens that way, barring other
factors. Every chazaqah disvara must also be backed by a ruba deleisa
leqaman, or else it would indicate that our sevara was wrong.
At least, that's how I understand Sheiv Shemaatsa 6:22.
But then, whenever a chazaqah demei'iqrah is against a rov, it also has
to be a chazaqah de'ika rei'usa. The rei'usa being another wording of
the same idea is having an "against".
But my attempted point was simpler...
When I mentioned umdena, I meant: If tav lemeisiv is a statement about
social standing that didn't apply to a matrionis, and matrionae were
easily identifiable, why does tav lemeisiv apply to them too?
And when I mentioned rov, I meant: In many cases it's efshar levareir,
so how can you rely upon the chazaqah / rov / any of the rules of
birur? It is at most a majority that you can prove this matrionis does
not belong to.
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