[Avodah] How to Pasken - R Asher Weiss

[Micha Berger via Avodah]

>From <http://en.tvunah.org/2016/11/11/psak-halacha>, R Asher Weiss's
opinion on some of our perennials.

:-)BBii!
-Micha

Beit Midrash for Birurei Halachah Binyan Zion
Under the Leadership of Maran HaRav Asher Weiss Shlita
For the Zechut of R' Zion Hilu

Psak Halacha
Posted by: Rabbi Akiva Dershowitz
In: Miscellaneous Halachot, [Kelali] Tags: halacha, mesores, tradition

Question:
> Shalom le Kvod Harav

> I have some questions about the rules of the Psak Halacha.

> Every person who learns Gmara with Rishonim and then Tur, Beit Yosef,
> Darkei Moishe and Shulchan Aruch with Poskim sees that there are different
> opinions on one topic. For example we have Psak of Mechaber and Ramo
> who contradicts him and then Taz disagrees with Ramo and Shach has his
> own opinion, and then Pri Megodim paskent his own psak and so on...

> 1. So if a person comes to a Rabbi according to whom the Rabbi is
> paskening?
> Only Pri Megodim? Or Aruch Ashulchan? Or the Rabbi can give the Psak
> according to Taz or Shach?

A qualified Rav will have the expertise and training to know which of
the opinions is the "mainstream" generally accepted by opinion to rule
in accordance with, as well as which other opinions may be relied upon
in extenuating circumstances.

> 2. Can a Rabbi pasken for example according to the Psak of the Rambam
> or Rosh or there is a rule that we are pasken only according to Achronim?

Our psak is based on the Shulchan Aruch and Rama with the opinions of
the great poskim after them [mentioned above]. Generally, one can not
over ride their psak because of an opinion in the Rishonim which was
not codified.

> 3. And if there is a Machloket for example between Rav S.Z. Oerbach and
> Rav Ovadia Yosef can a Rav give a Psak to a ashkenazic person according to
> Rav Ovadia, or to a sephardic person according to Rav Oerbach, or there is
> a rule that is not allowed and Rav should pasken to Sepharadim according
> Sephardic Poskim and to a Ashkenazim according to Ashkenazic Poskim?

Certain areas of halacha are dependant on whether you follow Sefardi
or Ashkenazi custom, while aside from that there are many areas where
the above luminaries argue in areas not connected to specific lineage
in which case a Rav may pasken with either ruling he deems correct.

> 4. And how about Orach Chaim should a Rav Pasken according to Mishna
> Brurah, or if he wants he can pasken according to Baal Hatanya or Chayey
> Odom or Magen Awroom?

All of the above are reliable sources for Psak Halacha, when there are
disputes, see above 1.

> [5]. If there is a sefer where such rules are wriiten?

The halachic process is learnt by studying under an experienced qualified
Rav who has received this tradition from the generation before him.

> 5. And the last question: Why Ashkenazim should always go according to
> Ramo and Sepharadim according to Machaber? From where it comes? Because
> if we speak about question that there is a difference for people in
> Germany or Poland and Israel, because of some minhag or climate then
> it is understandable. But when there is only machloket in understanding
> some Mitzwa Deoraita or Derabanan with no shaichus to differeces in the
> lands-so why the people should go according to his Posek-Ramo or Mechaber?

One of the cornerstones of halachic practice and Jewish law is
"mesorah" the tradition passed on from one generation to the next.
Naturally Ashkenazim throughout the generations followed the psak of
the Rama which is based on the traditions of the lands they came from.
The same is true for Sefardim.

> Thanks a lot!