[Avodah] What is it that HKBH asks of us - Students Teachers Acceptance Arguments Chanufa etc.

[Micha Berger]

On Wed, Dec 27, 2023 at 12:06:58PM +1100, Rabbi Meir G. Rabi via Avodah wrote:
> The earlier post,
> Rav Elchanan Wasserman (Kovetz Shiurim Bava Basra 633) in the name of Rav
> Chaim Soloveitchik - an Amora HAS THE POWER to disagree with a Tanna but
> would not do so in general. We therefore assume an Amora who disagrees was
> unaware of the Tanna' opinion.
> is in fact addressed by the Beis Yosef [Mamrim 2:1] answering his Q, why do
> the Amoraim not argue with the Tanaim?, because there is a CONVENTION not
> to argue;
> 
> WHY is that not an adequate answer?

Because we would then have to ask why the convention was broken, and
RCBrisker provides an answer: we can assume they didn't realize they were
beaking the convention, because they were unaware there was a tanna who
said otherwise.

>  but of course they CAN and SHOULD/MUST disagree when necessary.

> If I may, R Micha is saying, we MUST argue, but only when we're absolutely
> certain or 99% certain. If it's less than that, we must accept their
> superiority and that we have failed to understand them.

That doesn't resemblew what I tried to say.
> 
> Although R Micha wrote - the Amora is indeed OBLIGATED to express his
> opinion -

But also assume that halakhah lemaaseh, the tanna was more likely right.
Maybe the tanna's uqimta was different. Maybe there is some other answer.
The amora is obligated to search for that answer. But it would seem that
whether by obligation or convention, the amora would assume the tanna's
pesaq stands.

I returned to this thread because Arukh haShulchan Yomi is in YD 201,
and will shortly be getting to se'if 71. RYMEpstein is convinced he
has a pashat in the Rambam that is more compelling than that of the
Mechaber. And then he concludes the se'if with a parenthetic hagah
(Rashi script) which ends:
    ... but what can I do after the Beis Yoseif, the Bach, the Taz and
    the Shach "lo tofsu kein beda'ato" and le'aniyas daati it is as
    writen, vedo"q.

Then se'if 73 makes the point even more strongly:
    ... and Rabbeinu haBeis Yoseif cites the words of the Rambam in
    se'if 7, see there, and tzarikh iyun gadol. However, lemaaseh,
    chalila lanu lachaloq al Rabeinu haBY.

And mind you, the AhS's peshat in the Rambam is *lechumera*! Se'if
71 opens:
    And lefi aniyus daati, the opposite would seem to be the opinion of
    the Rambam, and he is more machir than all the posqim...

So, he has his opinion, but he won't be more *machmir* than the SA given
the consensus of earlier acharonim who agree with the SA's understanding.
Lo kol shekein lequla.

Tir'u baTov!
-Micha

-- 
Micha Berger                 I slept and dreamt that life was joy.
http://www.aishdas.org/asp   I awoke and found that life was duty.
Author: Widen Your Tent      I worked and, behold -- duty is joy.
- https://amzn.to/2JRxnDF                      - Rabindranath Tagore