[Avodah] Rules of Psak

[Micha Berger]

The rule the BY gives for the SA has numerous exceptions, but it shouldn't
blind us to the fact that is does hold more often than not. Journal articles
like focusing on the exceptions, that "common knowledge" is mistaken. But
repeating the exceptions often shouldn't cause us to overestimate their
percentage.

Other factors:

And then there are cases where the majority may only be implicit. For
example, a case where only one of the 3 speak up on this topic, but the
BY may have felt that the other two say something elsewhere that implies
they disagree.

Maybe a commonly accepted ruling (mimeticism) can raise to the level where
he has to make an exception in his textual rule. So that he didn't consider
this a violation of his rule, but a need to violate textualism altogether.


On Thu, Jul 06, 2023 at 11:21:31AM +0300, Eli Turkel via Avodah wrote:
> Yes, people have objected to the general idea of choosing 2 out of  3 when
> the Rambam is not completely independent of the Rif. Also, why choose the
> Rif more than Rashba or other teshuvot

There were four major codes of any sort when the Mechbeir started:
    - Rif
    - Rambam
    - Pisqei haRosh
    - Tur

So it would seem that the Rosh and Tur were deemed too close, being not
just same mesorah but father and son who very often quotes him. But the
Rambam was not considered too often an echo of his father-and-rebbe's
rebbbe's rebbe.

It could just be the majority of independent codes. For a meaning of
"independent" that is less demanding than RET's.

And that would explain why peirushim like Rashi or Tosafos or sifrei shu"t
like the Riva's aren't in the rule. And are only used when the rule fails.

Tir'u baTov!
-Micha

-- 
Micha Berger                 Worrying is like a rocking chair:
http://www.aishdas.org/asp   it gives you something to do for a while,
Author: Widen Your Tent      but in the end it gets you nowhere.
- https://amzn.to/2JRxnDF