[Avodah] Psak Process

Rich, Joel JRich at Segalco.com
Tue Jun 16 21:58:50 PDT 2020


In his Piskei Corona on triage, R Schachter excludes the Horiyot priorities, partially based on a R' Moshe tshuva.


I have no halachic weight and certainly rely on R'HS. ISTM this tshuva is in the mode of R'YBS on chaplains' draft in C-C-C

.R' Blidstein summarizes: Once again, the Rav began his response with a methodological pronouncement, this time longer and more detailed; it included a two-fold statement of reservations about the "objective" model of halakhic decision-making. First, every intellectual activity (including even aspects of natural science) combines formal components and human/intuitive components; in our case, he declared, his intuitive inclination was to approve the project (24-25).
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Second, one must distinguish between (but ultimately combine) "pure halakhic formalism which . . . places the problem on an ahistorical conceptual level . . .[and] applied Halakhah which transposes abstractions into central realities, theory into facts. . . . Under this aspect I gave thought not only to halakhic speculation but also to [the] concrete situation" (25).
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It is likely -though not certain-that the intuitive component of the process pertained primarily to the practical decision. In any event, it is clear that The Rav was not about to adopt the "mathematical" model of the halakhic process so admired within certain segments of Modern Orthodoxy-a model envisioned as automatically spitting out halakhic solutions solely on the basis of objective expertise.

Thoughts?
KT
Joel Rich

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