[Avodah] Deference to Minority Opinions

[Micha Berger]

On Thu, Nov 15, 2018 at 05:35:38AM +0000, Rich, Joel via Avodah wrote:
: Question: I've been thinking about the number of times the shulchan
: aruch(or M"B) says that it's worth giving deference to a minority
: opinion. I'm wondering if this is the result of the algorithmic approach
: rather than going through the entire sugya to come to a conclusion? ...

I think the SA tried to reach conclusions. For that matter, he tried
to follow majority of his short list of major posqim. I think for him
it was just a way of dealing with not being sufficiently convinced;
and not having his triumverate answering the question for him.

For the MB... Not sure I want to reopen that whole "the MB was written
to help posqim, and its 'rulings' are lehalakhah velo lemaaseh" -- not
always even followed by the CC himself. (Who was author of most of the
book, and editor in chief of the rest.)

:                       Other reason why different authorities might deal
: with this issue differently?

The AhS has enough confidence in toras imekha that he would use it to
say that lemaaseh we pasqened like a minority, or like (what seems to
me to be a) dachuq peshat.

There are exceptions, where he holds that common practice is just too
dachuq, but they're rare.

So, for the AhS, being stumped means that not only is there no clear
textual winner, there is no clear minhag (accepted practice) either.
So holding out in fear of a mi'ut isn't likely. Holding like a mi'ut
because the tzibbur already does, much more comomn.

Tir'u baTov!
-Micha

-- 
Micha Berger             When a king dies, his power ends,
micha at aishdas.org        but when a prophet dies, his influence is just
http://www.aishdas.org   beginning.
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