[Avodah] Tartei d'Satrei

[David Riceman]

RJR:


> I've always felt that going to more than one poseik (even in different areas of psak) raises the likelihood that one will be accepting positions which are based on a higher order tartei dsatrei (Internal inconsistencies that even the poseik may not be consciously aware of).

Me:

Of course the Sanhedrin ruled by majority, so following the Sanhedrin’s psak entails the same problem.

RMB:

> Would the Sanhedrin have had two unrelated votes on halakhos where the
> pesaqim are tightly correlated?
> 

I looked for this over Shabbos.  I didn’t find anything conclusive, but I did find some hints.  Conceptually, though, that would imply that the Sanhedrin can’t function as a court of appeal for normal disputes, which seems unrealistic.

See. H. Sanhedrin 10:5.

http://www.hebrewbooks.org/rambam.aspx?sefer=14&hilchos=79&perek=10&halocha=5&hilite= <http://www.hebrewbooks.org/rambam.aspx?sefer=14&hilchos=79&perek=10&halocha=5&hilite=>

 I’m guessing here that RJR’s inconsistencies are correlated the the Rambam’s ta’amim.  But see Shach HM 25 SK 19:2

http://beta.hebrewbooks.org/tursa.aspx?a=cm_x8762 <http://beta.hebrewbooks.org/tursa.aspx?a=cm_x8762>

who suggests that there is a typo in the Rambam.

And see Pischei Tshuva SK 7 there who cites the Noda B’Yhuda second edition HM 3 (which I didn’t’t look up inside) confirming a psak BD based on two contradictory ta’amim (with the third judge advocating no monetary award).

Nobody I noticed suggested that such a peak would bind the future psakim of the judges or the court.

And see Hazon Ish al HaRambam Hashlamos H. Mamrim 1:4 that Hazal after the Hurban still had the status of Sanhedrin.

http://beta.hebrewbooks.org/reader/reader.aspx?sfid=14333#p=737&fitMode=fitwidth&hlts=&ocr=

And there is an issue d’orayysa for a judge to refuse to rule after having decided a case, so I don’t see how RMB’s elegant suggestion would be viable.

David Riceman
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