[Avodah] psak

[Micha Berger]

On Wed, Jul 10, 2019 at 11:19:15AM +0000, Rich, Joel via Avodah wrote:
: When the gemara has an Ibaye d'lo Ifshita (unresolved question), is the
: practical halachic process going forward any different from one where
: it closes with teiku? If so, how?

According to the Yam shel Shelomo (BQ 2:5), teiqu closes the conversation.
If Chazal say it's unresolvable, we lack the authority to resolve the
question. And so the question must be resolved using rules of safeiq
deOraisa lehachmir, or derabbanan lehaqil. But an ibayei delo ishita
can be pasqened, a poseiq who feels he is bari can take sides.

The Shach quotes the YsS and disagrees, saying that teiqu is indeed
identical to IdLI. The Shach doesn't believe Chazal would never
close a question without having their own pesaq/im.

Tir'u baTov!
-Micha

-- 
Micha Berger                 "The most prevalent illness of our generation is
http://www.aishdas.org/asp   excessive anxiety....  Emunah decreases anxiety:
Author: Widen Your Tent      'The Almighty is my source of salvation;  I will
- https://amzn.to/2JRxnDF    trust and not be afraid.'" (Isa 12) -Shalhevesya