[Avodah] Who Brings the Chatos? Who may argue with BD?

[Micha Berger]

On Thu, Mar 14, 2013 at 03:50:19PM +1100, Meir Rabi wrote:
: The KesefM explains that the notion of AmoRaIm not arguig against TaNaIm is
: just a convention, a non binding convention. He is compelled to say this
: because of the Halacha that a Dayan and a BD must not bow to their
: predecessors who were without doubt greater than they, if this BD's
: analysis of the Halacha leads them to a different conclusion. That being
: the case the KMishneh explains that AmoRaIm can certainly disagree with
: TaNaIm and the RULE is not a RULE but a non-binding convention. Its not a
: Chiddush that Rav may argue, the Chiddush is that the others did NOT.

Whether a rule or a convention, breaking it is still the chiddush.
The gemara feels a need to justify Rav's breaking the convention --
"Rav tan hu upalig" is only necessary because otherwise it /would/
be a chiddush.

Even according to the KM, whose shitah is far from universally accepted.
(Although R' Chaim Brisker proposes something similar.)

: The problem with this is that this is not an option it is a DUTY. THEY MUST
: NOT AGREE just because of who they are disagreeing with. So how can such a
: convention be introduced?

: Perhaps the KM means that they did not explore the Sugya but just accepted
: the ruling of the TaNaIm. Had they exlored the Halacha and concluded with a
: decided conclusion, they would not be entitled to bow to senior authority.

Or that this chiyuv doesn't exist. That there are times the fact that
someone you know is far more informed and far more in line with the
right modes of thinking necessary for pesaq reached a given conclusion
is itself sufficient reason to suspend one's own judgment. I would think
X. The fact that rishonim consistently deny X might convince me I must
be wrong -- even if I don't know how.

Then there is the CI's notion of placing the mishnah at the end of the
2000 years of Torah, the Rambam's notion of public consensus making
mishnah binding (at least as a yardstick, if not for each and every
pesaq), etc..

:-)||ii!
-Micha

-- 
Micha Berger             Today is the 2nd day
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