[Avodah] Which Day Is YK? Who Must Accept BD Pesak?

Arie Folger afolger at aishdas.org
Sun Mar 31 01:51:11 PDT 2013

Post slightly edited to (a) accept the Moderator's complaint, and to
reflect urther private channel additional info.

> On Mar 30, 2013 4:02 PM, "Meir Rabi" <meirabi at gmail.com> wrote:
>> On the contrary, IN SPITE OF THE FACT that they were entitled to Pasken
>> as they please re Rosh Chodesh, and consequently which day is YKippur,
>> nevertheless, he did not insist that they eat and make a LeChaim to compel
>> compliance; how much more so in a case where this special power is not
>> given to BD i.e. to Pasken and make a determination even when they know it
>> is wrong.
My dear friend, pardon me, but this is, eh, how should I say, a shtikl
unconvincing . R'Yehoshua' was asked to transgress the deOraitot of
hotzaah, as well as whatever travel entails, so what if he wasn't asked to
drink lechayim, too?

RMR replied that R' Yehoshua'
> was asked to do those things which permitted him to easily avoid
> transgressing anything, even in the slightest."

... to which I replied: Check the tosefta and ask yourself why only
R'Akiva's response calmed him down. Obviously, he was asked to do something
which was a transgression.

RMR then replied:
> He was not just upset for himself, he was concerned for the entire
> community. Rabbi Akiva's answer calmed him because he thereby
> knew that the community would not be doing the wrong thing

To which I replied: I do not think that it makes sense that he would have
been asked to do something which proves nothing. The whole point was for
him to show he accepted the psak.

To which RMR replied:
> The point was to diffuse a potentially extremely divisive showdown
> in which I think it is safe to assume, the general community was
> in favor of the renegade. So it was a show, and it succeeded in
> averting a uprising or a revolt and still permitted him to maintain
> the Halacha as he understood it

To which I replied:
1) But if so, why did RY not want to go?
2) That was the argument of Benei Beteira. R'Yehoshua' was unhappy with

Then, the day got really going in Australia, while it was well into the
night in Germany, so we didn't continue our interchange, but I am sure that
RMR has also arguments to defend his perspective, so do not conclude that I
had the last word, unless he says so.
Arie Folger,
Recent blog posts on http://ariefolger.wordpress.com/
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