[Avodah] birur vs hanhaga in other legal systems

Rich, Joel JRich at sibson.com
Wed Dec 27 01:51:45 PST 2017


There's a lot of "Brisker Torah" on the differentiation between halachically  resolving doubts by birur (clarification/resolution of doubt) versus hanhaga (we still have a doubt but must move forward while not resolving the doubt).  One practical difference would be that doubts resolved by birur are considered resolved retroactively while those resolved by hanhaga are only prospective in nature. Is anyone aware of any parallels to this differentiation in other legal systems?

KT
Joel Rich

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