[Avodah] Does the psak of bet din evidence the ratzon hashem?

Zvi Lampel zvilampel at gmail.com
Thu Sep 28 14:54:48 PDT 2023


Thank you Reb Micha for plugging my sefer. It's all the more appreciated in
view of the fact you disagree with me on some of the issues, such as eilu
v-eilu. It shows that you are a true practitioner of Widening Your Tent.
https://amzn.to/2JRxnDF

With that introduction, here's a disagreement.

RMB:

>    1- Rav Nissim Gaon (Berachos 19a-b), opinion I: The bas qol said
>    "halachah k'moso b'chol makom". As a general rule, the halachah is like
>    R' Eliezer, but not here. The halachic conclusion does not contradict
>    the bas qol, and it's even possible that the BQ caused them to reach
>    their decision.
>
>    2- Ibid, opinion II: The bas qol was only a test for the sages. Again,
>    normally BQ would have halachic power.
>
>     ... RNG gives authority to BQ to override halachic process, and
>    the Achnai story's bas qol is a special case for two different reasons.
>     ....
>

ZL:  I don't think so. Rav Nissim Gaon explicitly explains that his
explanations are in response to the problem that the majority view was so
buttressed by proofs that R. Eliezer had no way of countering them (so how
could a bas kol disagree),

In the first answer the bas kol was not making a halachic statement at all.
In the second answer the bas kol was as illegitimate as a false prophet,
because there is no place for a bas kol in the halachic process. "The Torah
of Hashem is complete, and already given to us at Sinai, and He let us know
that He would switch over not one statement of it. Our Torah lacks nothing
and has no doubts for which we would need a proof from Heaven.

In other words, according to RNG, the human halachic protocol discovers the
true intent of the Torah (read, the ratzon haSheim), and any bas kol
disagreeing with it is a miscontrance of its intent.

Zvi Lampel

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