[Avodah] psak rules

[Micha Berger]

On Wed, Jul 17, 2024 at 06:30:02AM +0300, Joel Rich via Avodah wrote:
> I've asked before about general rules of psak. I just heard R H Schachter
> say that each of the machloketim of Abaye and Rava were paskined
> individually and that only in yal kgam did they individually hold like
> abaye (not that there was a general rule)

If you like "leshitasam" approaches to explaining why some baalei pelugta
disagree so often, then for many of their machloqesin there is a common
explanation for why Abayei and Rava disagreed.

And if we take sides on that common explanation, then there is a reason
for usually holding like Abayei! And it's not one-by-one with a near
total pattern just happening to emerge.

At least, for those that fit the "leshitasam". I wouldn't pursue that
approach to the point where you 2-dimentionalize members of Chazal and say
they only disagreed on the one or two points -- even if fundamental ones.

As I noted a couple of times in the past few months, RAYK (Ayin Aya"h
Berakhos 48) comments on the gemara about when Rabba asked asked the two
of them, when they were youths, where is the All-Merciful? Rava pointed
up, to the ceiling. RAYK says because he found Hashem in the structured
finding of Truth in the beis medrash. Abayei went outside and pointed
up to the heaven. Which is explained as his being more about emotion
and going beyond structure and limit.

And so when they grow up... Rava wants pesaq to capture Pure Truth.
Abayei looks for the pesaq that speaks to the person following it.

So what do the 6 cases in Yaal Kegam have in common that we hold like
Rava?

Maybe they are 6 of the cases where they disagreed about something
else. (Again, saying leshitasam in a non totalitarian way.) Or maybe
there is a reason why in these 6 cases we want to push people to reach
further toward a purer Emes.


Meanwhile, something I noticed from RHS's pesaq in how to tie tzitzis...
There is very little room for conceptual shitos in his pesaqim lemaaseh.
Like the case that got me started thinking about it. RHS ties his tzitzis
with tekheiles in a way no one before him did, taking an element from
this shitah and one from another to try to be yotzei as many shitos as
possible. Even though the shitos have conceptually different foundations,
and one could argue this hybrid includes more than one tarta desasrei
on a conceptual level.

Perhaps there is a leshitaso in this and his disbelief that baalei pelugta
in Chazal who disagreed often did so because they had perspectives that
differed in a fundamental way, and they were shitah driven on many of
those disputes by a single shitah.

Tir'u baTov!
-Micha

-- 
Micha Berger                 For a mitzvah is a lamp,
http://www.aishdas.org/asp   And the Torah, its light.
Author: Widen Your Tent                      - based on Mishlei 6:2
- https://amzn.to/2JRxnDF