[Avodah] Brisker Theory of Everything

[Rich, Joel via Avodah]

1. The gemara (Ketuvot 5b) discusses whether causing a certain type of blood flowing is considered a Sabbath violation. The first attempt to resolve the question turns on whether "mifkad pakid or chaburei mechbar" (is the blood in the womb stored up or is it the result of a wound?). Rashi there (please look) seems to define this as a physical question. Is this acceptable or must we say Rashi was leaving out the "obvious" philosophical/halachic question (i.e. the physical was known, it's a question of how to categorize it halachically)?
 2. That gemara continues to try to resolve the question and is willing to entertain the possibility that the halacha is like Rabbi Yehuda (vs. Rabbi Shimon) in mekalkeil (destroying) and like Rabbi Shimon (vs. Rabbi Yehuda) in davar sheino mitkavein (the result was not the major one intended). If these two issues were interconnected, could the gemara entertain this possibility?
 3. If the answer to 2 is no, must we assume that when the Shulchan Aruch said he would decide the psak based on majority 2 of big 3, did he really mean this as a primary tie breaker, or only when he did not have a clear understanding of the underlying philosophy that resulted in their final opinions.
4.Is it possible that R'YBS limited his "canon" to only a few major rishonim (in contradistinction to R" A Lichtenstein) because the more data points included in trying to determine the underlying theoretical construct, the more likely a single errant point would skew the results?

Kt
Joel Rich

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