[Avodah] Street Minyanim/sh'as hadchak

[Micha Berger]

On Mon, May 25, 2020 at 12:38:34AM +0100, Chana Luntz via Avodah wrote:
> As mentioned the Rema is quoting the Rashba which is found in Shut HaRashba
> Chelek 1 siman 253 where he sets out rules of poskening, and says:
> 
> "that we do not say it is appropriate to rely on ploni in a time when there
> is one who is greater than him in wisdom and number.  And the halacha pesuka
> [CL: is this not the same as ikar hadin?] is that they go after the one
> greatest in wisdom and number....

I would think that halakhah pesuqah is in contrast to ikar hadin.
Iqar hadin is the theoretical what the law requires.
Halakhah pesuqah is a pragmatic application of the law.

It's going to include policy and slippery slope considerations, (and in
the other direction) considerations of significant communal need, etc...
so many factors that separate theory from practice.

(You know the difference between theory and practice? In theory, there
would be no difference...)


> And he goes on to discuss the question of giving honour to a Rav in his
> place (like Rabbi Yosi hasGalili where they ate chicken with milk, and Rabbi
> Eliezer where they cut the trees to make the knives on shabbas for the
> bris)...

On a different topic, I find it interesting that the Rama focused on the
authority of the rav/rabbanim giving the pesaq, and does not mention
the poseiq using his own shiqul hada'as to assess the merits of each
argument.

There is a crossover here to the discussion about the Litvish innovation
of pesaq. (My disagreement with including the AhS in that list is another
conversation.)


...
> Or you can understand that demai is assur (rabbinically), but when the
> rabbis banned demai, they allowed for sh'as hadchak situations, of which
> being an oni is one of them, and that pushed aside the ikar halacha that
> demai Is assur.

If she'as hadechaq only has impact on a din derabbanan, we could perhaps
view the rule as akin to "bemaqom peseida lo gazru rabbanan", or
"bemaqom tza'ar..." or "mipenei kavod haberios lo gazru rabbanan".

Tir'u baTov!
-Micha

-- 
Micha Berger                 Problems are not stop signs,
http://www.aishdas.org/asp   they are guidelines.
Author: Widen Your Tent              - Robert H. Schuller
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