[Avodah] Geonim, Rambam and Other Rishonim on Mesorah and, Pesak and RMH's essay

[H Lampel via Avodah]

I retract this paragraph.

Zvi Lampel

> I actually think your version creates a starker contrast between the
> Accumulative and Constitutional views than mine does. You have the
> "Accumulative" view asserting that Hashem explicitly stated neither
> halachic position vs. the "Constitutive"view that Hashem actually gave
> both contradictory halachic rulings. (I'm assuming you are using the
> word "position" here to refer to the pesak, just as you did in your
> description of the "Accumulative" view.) I have Hashem giving incomplete
> halachic positions vs Hashem providing the halachic factors to consider
> in reaching a decision. I think I'm being fairer and kinder to the
> author by not extending the idea of Hashem giving multiple "panim"
> (considerations to look for in situations they would face, by which
> to size it up, and arrive at the correct pesak based upon the correct
> weighing of those factors) to the less subtle, more radical idea that
> He actually told Moshe contradicting conclusions (between which Chazal
> would decide based upon...what??, being that there is no criterion to
> meet?). RMH put it that the Ramban, Ran, and Ritva held that Hashem
> left the issues "open-ended," by revealing to him the arguments of the
> future sages, which Moshe proceeded to transmit to the sages for them
> to decide the pesak. He did not actually write that the Ramban or Ran,
> or even Ritva, held that Hashem actually gave contradicting pesakim.