[Avodah] Rules of Psak

[Eli Turkel]

I don't disagree with Micha.   My point was only that given the exceptions
I don't think we could have guessed the rule of R Karo had not stated it
explicitly

On Thu, Jul 6, 2023, 9:35 PM Micha Berger <micha at aishdas.org> wrote:

> 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
>
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