[Avodah] how to pasken

[Eli Turkel via Avodah]

<<Well, CM is defined mostly by what the two parties agree upon. So social
norms have FAR more room to influence outcome.

One of the two meanings of "minhag mevatel halakhah" is the CM usage,
that if both parties expect a qinyan to occur, or do not expect one,
(or one party to have acharyus, or...) that could mean more than whether
by default halakhah, it would. >>

Nevertheless there are arguments between the Mechaber and Ramah in CM.
A lot has to do that you can't run a bet din where for every monetary
argument you
begin- by asking if the claimants are ashkenazi or sefardi.  I note that in
many
discussions of R Zilberstein he treats a disagreement between the Mechaber
and Ramah
in monetary laws as any other machloket and applies the usual halachot of
"ha motzi mechavero alav haraaya" etc. I would assume that is the general
way batei dinim hold

-- 
Eli Turkel
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