<br><br><div class="gmail_quote">On Wed, Nov 19, 2008 at 5:41 PM, Chana Luntz <span dir="ltr"><<a href="mailto:Chana@kolsassoon.org.uk">Chana@kolsassoon.org.uk</a>></span> wrote:<br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
RMP notes:<br>
<div class="Ih2E3d"><br>
> RMM echoed R'Micha:<br>
> > I agree with R' Micha that Sefaradim seem to rely on<br>
> majority-vote...whereas Ashkenazim rely on sevara.... <<br>
<br>
</div>Eek. I know that ROY dominates Sephardi psak these days, and this is often<br>
said about him - although I confess I think people are often confusing the<br>
fact that he indeed lists pretty much every opinion ever stated (which<br>
unquestionably he does) and takes them seriously, with number crunching. I<br>
think if you really read his teshuvos you see they are a lot more<br>
sophisticated than that. But he certainly canvasses all opinions and is<br>
prepared to rule against some of those he quotes.<br>
<br>
A<div class="Ih2E3d"><br>
<br>
</div>Regards<br>
<font color="#888888"><br>
Chana<br>
</font><div><div></div><div class="Wj3C7c"><br>
</div></div></blockquote></div><br>Bet Yosef, Kar hachaim and ROY all list as many opionions as they can. It is one of my criticisms of MB that at times he cherry picks an opinion. Example he Follows the Taz re: davening late on Shavuos night and fails to mention the MGA who mentiosn ONLY Qiddush. [FWIW the AHS mentiosn only the MGA and omits the Taz.]<br>
<br>Another example is Zeicher/Zechrer in which MB mentions zero mar'eh maeqomos and makes it appear to be a 50-50 safeik. <br><br>Another example is RMF/IM on using egg matzo on Shabbas erev Pesach, he presumes that the zman "issur" for this minhag is at the end of the 4th hour. This is stated as fact when the facts are it is [like a lot of things] in dispute. The mare'he meqiomos for eating matza ashira AFTER theoretical 10:00 AM include Rabbeinu Tam, Chok Ya'akov, noda beehuda, and the Aruch haShulchan. Given that the Chok Ya'akov speicalized on hilchos pesach and that he wrote THE book [viz. minchas Ya'aqov] onthe Rema's Toras Chatas, I would give his opinion a lot of weight in parsing an ambiguous Rema. <br>
<br> <br>This is why many Saphardic chachamim seem to feel ashkenaziim are not playing straight because they list sources suporting their theses and often omit those that do not fit the paradigm.<br><br>Now that does not mean all Seaphrdic methods are better. Ashkenazim excell in getting to the underlying sevara and tend to be more analytical than encyclopedic. So haveing a Bar-Ilan CD list of 75 posqim on a given issue is not always the most practical method at arriving at p'saq.<br>
<br>The Shulchan Aruch Harav takes a middle approach. he attempts to give at leat TWO slient shitos on any given controversy. The Sefer hasheetos gives even more [do not know if the author is Sephardic or not] <br><br>Micha and I have endless debatges on Halchicc metholody. Regardles of what system one uses, it is nice to have a more obejctive system than a subjective system. The BY used a definite system to arrive at psaq. That said, he ignored his own rules at times but at least he stated his goals up front.<br>
<br>Many posqkim are imho all over the place. One modern poseiq seemed to have been a devote of the Rambam in gneral, but when it came to women reading tge megillah he apparently advocated a Humra based upon the Magen Avraham. It is a strange mix for someone with a Maimonidean bent to over-rule the Rambam, BY et. al. and push for the MGA. It is POSSIBLE that he felt it was the logical or correct read in this case, but it has led a lot of people to see this as putting subjective concerns over obejctive ones. <br>
<br>I have posted many times that the AhS felt the Rashba's shita against saying al neqqiyus yadayim when cleaing w/o water was correct, but defering to the Rosh/Tur. Now here the AhS feels that the Halachic world over-ruled his Svara. The BY simlarly rejects Rif/Rambam re: 2 matzos at the Seder based upon concensus. How many Posqim are willing to go against their own predelications and give int to an obejctive criterium or set of critera? <br>
<br>And the great thing about BY Kaf Hachaim and ROY is that they PROVIDE you the material to disagree wtih them! In fact the Rema's single biggest source for his hagahos is the BY himself [source: the Rem'as own haqdamah!] To be fair, the Rema is often EXPLAINING the mechabeir and not disputing him but you DO get the idea. <br>
<br>Even the Rema had a set of objective criteria - i.e. Minhag Asheknaz. And AIUI Ben Ish Chai relied upon the Arizal as his main source for going agains the mechabei.<br><br><br>-- <br>Kol Tuv - Best Regards,<br>RabbiRichWolpoe@Gmail.com<br>
see: <a href="http://nishmablog.blogspot.com/">http://nishmablog.blogspot.com/</a><br><br>