[Avodah] avoiding the issue

[Micha Berger]

On Sat, Jun 27, 2020 at 11:38:48PM -0400, Akiva Miller via Avodah wrote:
> R' Micha Berger wrote:
>> But in general, there is an increasing reluctance to pasqen in
>> some circles. Whether Brisker chumeros or the MB's advice to
>> either play safe in some places or avoid the question in another.
>> So, we're seeing more and more of it.

> I spent a couple of minutes trying to think of examples of this phenomenon,
> and I ended up agreeing that this *seems* to be more common in hilchos
> brachos...

> However, in most other areas of halacha, it's not a choice of this or that.
> It's a question of issur and heter. (Or of chiyuv and not.) In such cases,
> "avoiding the situation" tends to be synonymous with "being machmir"....

I would agree for the "defy the question" pesaqim being more common
in hilkhos berakhos. But I don't see Brisker chumeros or baal nefesh
yachmir being more of a berakhah thing.

Using rules of safeiq rather than those of pesaq. We don't which which
to hold, so... And even then, not always; because there are such chumeros
in derabbanans, where the rule of safeiq would be lehaqeil.

My largely implied question was how to save this reluctance to pasqen
from accusations of lack of faith in the entire concept of pesaq and
deciding halakhah.

Nu, so for the Briskers, I takeh think they don't believe that a pesaq
settles the din anymore. As the Rambam put it, Rav Ashi veRavina sof
hora'ah.

But for the CC and the rest of us?

Tir'u baTov!
-Micha

-- 
Micha Berger                 Good decisions come from experience;
http://www.aishdas.org/asp   Experience comes from bad decisions.
Author: Widen Your Tent                   - Djoha, from a Sepharadi fable
- https://amzn.to/2JRxnDF