[Avodah] taking a stand?

[Micha Berger]

On Fri, May 27, 2022 at 02:44:18PM -0400, David Riceman wrote:
> I once asked one of my rebbeim how one can treat a machlokes as a safek.
> He said one can do that only if legitimate communities take both the
> positions, and one is unsure where one's questioner belongs. I'm not
> sure that always works historically, but it's a beautiful hilluk and it
> implies that your example doesn?t relate at all.

While this is true by most systems of pesaq, e.g. the Shakh's qunterus
in Choshein Mishpat, it's not true for Briskers.

(By which I do NOT mean R Chaim, who defered to the Brisker Dayan, R
Simcha Zelig Reguer. I mean his students and descendents, or maybe it
wasn't until the following generation, who took the approach to halakhah
he used only in creating personal chumeros, and made communal norms out
of them.)

In Brisk, the Rambam's "Rav Ashi veRavina sof hora'ah" is taken pretty
seriously, and no rishon's shitah is ever truly dead. If there is no
final pesaq after the gemara, you're going to have a lot more halachic
questions that are open sefeiqos.

Tir'u baTov!
-Micha

-- 
Micha Berger                 One doesn't learn mussar to be a tzaddik,
http://www.aishdas.org/asp   but to become a tzaddik.
Author: Widen Your Tent                            - Rav Yisrael Salanter
- https://amzn.to/2JRxnDF