<br><br><div class="gmail_quote">On Tue, Apr 29, 2008 at 5:57 PM, Micha Berger <<a href="mailto:micha@aishdas.org">micha@aishdas.org</a>> wrote:<br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
On Mon, Apr 28, 2008 at 07:44:20AM -0700, <a href="mailto:Saul.Z.Newman@kp.org">Saul.Z.Newman@kp.org</a> wrote:<br>
: <a href="http://www.haaretz.com/hasen/spages/977278.html" target="_blank">http://www.haaretz.com/hasen/spages/977278.html</a><br>
<div class="Ih2E3d">: 1] on ivory tower psak<br>
<br>
</div>I agree that there is a real problem when formal/textual halachic process<br>
is used not only to validate options, but as the sole criterion for<br>
weighing them. Then you're left with vacuums that only get filled by<br>
"baal nefesh yachmir" and "we most be chosheish for ...'s shitah" --<br>
the textualist's means of extending boundries.<br>
<br>
<br>
Tir'u baTov!<br>
-Micha<br>
<font color="#888888"><br>
--</font></blockquote></div><br>I'm not sure I understand your position<br><br>Re: C psak we have agredd inthe pas that they frequently have a politcally correct targe in mind and then muster the sources to support the position.<br>
<br>My criticms is that Many O poskim sdo this, too. They first make up their mind how the Halacha SHOULD look and then back it up.<br><br>Ideally p'sak should be FOLLOWING the sources not vice versa [and sources INCLUDE minhag/Mimetics etc.]<br>
<br>IMHO poskim should state a methdology and to follow it as best as they can. Both BY and Rema did exactly that. In fact, the 2 most powerful poskim of their time rarely created any new ps'ak at all, rather they sifted through pre-existing poskim with a fairly obejctive and consistent set of underlying assumptions.<br>
<br>And even though Rambam has some very unusual Hiddsuhim, over 90% of the time he is really following Rif.<br><br>S. Shlomoh Ganzfried wrote in a letter that he used a "beth din" of Chaeyie Adam, SA Harav and Derech Hachayyim<br>
<br>I have suggested a Beth Din of MB, AhS and Kaf HaChayyim as an alternative early 20th century model. Perhaps we can come up with an early 21st century model.<br clear="all"><br>The point is to use some kind of objective model so as not to create an overly subjective Halachah. This is imho the biggest challenge today in P'sak.<br>
<br>-- <br>Kol Tuv / Best Regards,<br>RabbiRichWolpoe@Gmail.com<br>see: <a href="http://nishmablog.blogspot.com/">http://nishmablog.blogspot.com/</a>