[Avodah] derech psak

[Rich, Joel]

> Lomdus isn't usually how pesaq is done. RARakkefetR has repeatedly pointed
> out that RCBrisker wasn't the poseiq in Brisk. When he took the job of
> Rav, he convince R Simcha Zelig Riger to come along. Where RSZR got the
> job as Brisker dayan.

> RARR opined that this is because lomdus makes it hard to pasqen. (And
> his theory seems to make a lot of sense to me.) In lomdus the focus of
> your learning is to see how both sides make sense. The better you are
> at it, the harder it is going to be to pick sides. Brisker chumeros,
> being machmir to be chosheish for all shitos, is a natural consequence....

Yes I've heard him say that many times and it is the heart of my issue,
I don't see why being able to see the 70 sides should be an issue
in psak. As the Ramban famously said there are no slam dunk proofs
in Halacha. Life is inherently uncertain and one must learn to make
decisions in this context. If anything I'd prefer someone who can see
multiple approaches yet select one over someone who is so sure they are
right they can't see anything else.

The inability to do so may be a personality thing or a process-but if
you accept that there is uncertainty but still need to be chosheesh for
minority opinions,you still need some algorithms to determine how and
when to do so (unless you take a schichina shoreh non definable approach)

Kt
Joel rich