[Avodah] rules of psak

[Micha Berger]

On Wed, Mar 29, 2023 at 06:34:42AM +0300, Joel Rich via Avodah wrote:
> I wanted to ask about yaal kgam and general rules, such as the halacha is
> we hold rav yochanan over rav.

I think it's because R Yochanan had more talmidim, and halakhah follows
rov.

Just as a beis din hagadol mimenu bechokhmah uveminyan may mean one that
has more talmidim. Or Beis Hillel outnumbering Beis Shammai even thought
Beis Shamai were the more intellectually charif.

RMF's explanation to the NY Times about how he became such a noted
poseiq was that simply someone asked him a question, and liked it
enough to recommend to someone else... The result is that for much of
the 20th century amongst Anglo O Jewry, he was the last word in pesaq.
Just because what he said worked for us. (And it was a valid pesaq
consistent with how halakhah works. If the masses follow shetuyos,
it doesn't suddenly become din.)

Many of the kalalei pesaq only make sense if you assume that eilu va'eilu
Divrei Elokim Chaim is literally true. And it's not a matter of which
pesaq is more likely what HQBH (if the din is deOraisa) or the beis din
that legislated a derabbanon actually meant.

My thought is that the rebbe with more students is the one whose derekh
fits the way more of the qehilah is living and their perspective on
Torah. And (RJR: to answer a question you asked on FB), that doesn't mean
that the rebbe ought to be actively seeking talmidim. Or maybe, if he
succeeds, it would only be because he changes the demographics of darkhei
hachaim a pesaq has to fit.

Which my above explanation fits.

But you could argue that R Yochanan was simply right significantly more
often than Rav, when they reached different conclusions. So, always
assume his position.

> In the other general rules is it that each case was looked at or it was
> decided as a normative approach always to follow that particular rabbi
> without working at each specific case? (hangaga vs birrur?)

Not sure why "hanhagah" vs. "birur". Could you explain?

Especially if you focus on a literal eilu va'eilu and halakhah as a legal
interpretation system rather than a search for an emes. The "birur" isn't
finding which shitah is True, but the decision of whom to follow.

Whereas the nearest parallel I would have to your "hanhagah" is the poseiq
who can't find a kelal pesaq and relies on rules designed for safeiq or
decides to be chosheish for both shitos.

Tir'u baTov!
-Micha

-- 
Micha Berger                 There's only one corner of the universe
http://www.aishdas.org/asp   you can be certain of improving,
Author: Widen Your Tent      and that's your own self.
- https://amzn.to/2JRxnDF    	    - Aldous Huxley