[Avodah] RMA

David Riceman via Avodah avodah at lists.aishdas.org
Mon May 18 09:35:59 PDT 2015


RMB:

<<OTOH, pasqening for oneself has a major problem that one doesn't face 
when answering others' questions -- vested interest vs objectivity. 
Listen to R Jonathan Ziring's shiur on the topic at 
<http://www.yutorah.org/lectures/lecture.cfm/826651>. In particular, his 
very first source (see link to mar'eh meqomos sheet) Nissah 20b. Yalta, 
"Rebbetzin Nachman", asks her mar'os questions of Rabbah bar bar Chanah 
and Rabbi Yitzchaq bereih deR' Yehudah, not her husband. Similarly 
mishnah Nega'im 2:5 saying you can't pasen nega'im even of relatives, 
Bekhoros 31a about judging one's own bekhoros.>>

The standard hiluq is is'hazek issura or not.  See, e.g., Hochmas Adam 
H. Shechitah 1:10, Binas Adam ad. loc., and HA H. Nidah 109:6 and BA ad. 
loc.  I think the issue is that hora'ah in the presence of hezkas issur 
is considered eidus.

The argument of self interest raises some problems:

1. Do you know of cases where rabbis have referred questions about 
communal matters to experts elsewhere because they are self interested 
since they live in the community? For example, do Hachmai EY refer 
questions about communal safety (e.g., military matters) to rabbis in 
Hutz LaAretz because they are self interested?

2.  Why shouldn't self interest be a psul in the absence of hezkas 
issur? I know people on this list have cited it to me in the case of 
restaurants certifying their own products.

David Riceman



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