[Avodah] RLakish & RElozor - Is less than honest thinking a deception OR What is honest thinking

[Rabbi Meir G. Rabi]

R Elozor was angry with RLakish for voicing a challenging opinion [which he
dismissed] without disclosing that it was in fact the objection of
RYochanan.
This suggests that had he known it was RYochanan’s opinion he would NOT
have dismissed it.
This seems improper. After all RElozor was giving his considered opinion -
would it be right for him to disregard his own opinion because RYochanan
disagreed?
If he would pay heed to RYochanan’s opinion in violation of his own
understanding, would that not be contrary to the Halacha?

I suggested that in matters that are Shikul HaDaAs it is correct to bow to
one’s superior but not in other matters.

Reb Micha queries - When isn't it shiqul hadaas? -
The answer to that Q is - when one feels that there is only a slight
preference for one ruling/interpretation over the other. How large is
‘slight’? I have no idea but people generally know it in their gut.
In other words, what may be clear to the mind of one may not be to the mind
of another.

We Pasken as per Beis H bcs they prioritised Beis Sh opinion first, they
gave themselves space to consider the alternate opinion before pronouncing
their own in order to give themselves the best opportunity to consider it
without personal bias and honour/prestige being an influence.

Reb Micha also wrote that - The whole reason why someone who never did
shimush is an am haaretz or a bur is because real pesaq ALWAYS needs a
feel, and not just expertise. -
I think the Maharal has a different approach - see Nesiv HaTorah end ch 15
where he explains that blindly following the Pesak of great TCh is contrary
to the purpose of the Torah and Creation. We are supposed to think and
analyse. That is why, the Maharal explains, one who Paskens from the
Mishnah, even if his Pesak is absolutely correct, is nevertheless a
destroyer of the world. The meaning of Shimush is thus learning to analyse
and probe, to unpick our considerations so that we can identify WHY we take
a particular position, rather than taking a position and then finding
arguments to defend it.

I believe we may have discussed this earlier regarding R Ch Voloshiner's
explanation [PAvos Ch 1] of becoming covered in the dust of the feet of
one's teachers, which he interprets to mean WRESTLE with your teachers,
RAISE THE DUST or have a 'dust up' with them [as we see the Torah describe
YaAkov's fight VaYeOVek Ish Imo] if you have Qs about their ruling.


Best,

Meir G. Rabi

0423 207 837
+61 423 207 837
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